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HomeMy Public PortalAbout19840328 - Minutes - Board of Directors (BOD) Meeting 84-7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS MARCH 28 , 1984 MINUTES I. ROLL CALL President Daniel Wendin called the meeting to order at 7 : 35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, and Nonette Hanko. Richard Bishop arrived at 7 : 39 P.M. , Harry Turner arrived at 8:55 P.M. and Edward Shelley arrived at 9: 10 P.M. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Stanley Norton, Jean Fiddes , James Boland, William Tannenbaum, and Cecilia Cyrier. II. APPROVAL OF MINUTES Motion: N. Hanko moved the approval of the minutes of March 14 , 1984. T. Henshaw seconded the motion. The motion passed 5 to 0 . III . WRITTEN COMMUNICATIONS C. Cyrier stated the Board had received the following written communi- cations: 1) a letter, dated March 14 , 1984 , from Mr. and Mrs. William Van Waaden of San Jose, requesting that consideration be given to not closing the stable at High Meadow Ranch; 2) a letter, dated March 8 , 1984 , from Sandra Vaurs of Los Gatos , in which she cites her views relative to information in letters to the Board of Directors from Barbara Fleur, Lorian Ink and Sally Skol , regarding trail bike usage on Sierra Azul Open Space Preserve; 3) a letter, dated March 16 , 1984 , from Bob Laugstrom, Chairman, History, Arts and Science Commission, City of San Carlos , requesting the Midpeninsula Regional Open Space District and the San Mateo County Board of Supervisors meet to try to work out a compromise to save the Hassler buildings as an Arts Center Complex; and 4) a letter, dated March 28 , 1984 , from Greer Sugden of Los Altos indicating that opening a parking area in the vicinity of High Meadow Ranch will not solve the current problems in the area. Mr. Sugden suggested the current easement be closed off and that there be only one entrance to Rancho San Antonio Open Space Preserve via St. Joseph Avenue. D. Wendin stated that the names of the writers of the letters concerning High Meadow Ranch be added to the mailing list for the public meeting to be scheduled to solicit input regarding the stables. He said Ms. Vaurs should be invited to the neighborhood workshop concerning trail use conflicts on the Sierra Azul Open Space Preserve. On the letter concerning Hassler, no action was taken since the matter is currently under litigation. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 84-7 Page Two IV. ADOPTION OF AGENDA H. Grench requested the addition of an eighth agenda item, Acquisition of Two Replacement Ranger Vehicles Through the State Bid System with Projected Funding in FY 84-85 , to New Business with Action Requested. He explained the item needed to be considered at this meeting since the State had moved up its order deadline and this action was required by April 6 , 1984. Motion: N. Hanko moved to adopt the agenda as amended. D. Wendin seconded the motion. The motion passed 5 to 0. V. ORAL COMMUNICATIONS Tom Kavanaugh of 1726 Spring Street, Mountain View stated that this past week he and his brother were denied their request to see the appraisal of the Wilkins property by staff. He requested that Board overrule the staff decision and grant the Kavanaughs the right to see the appraisal to determine if purchase is good or bad. C. Britton stated that appraisals were not considered public documents. R. Bishop stated he understood the reason for not disclosing appraisals prior to completion of a purchase, but questioned why appraisals were considered confidential material after the purchase was completed. In response to R. Bishop' s question, C. Britton stated that S. Norton has indicated in their discussions that the owner has right to release the information, but it was his understanding that an appraisal is not considered public information. D. Wendin requested that clarification of the questions be tabled until S. Norton arrived. VI . OLD BUSINESS WITH ACTION REQUESTED A. Selection of Consultant - Skyline Ridge Open Space Preserve Master Plan D. Hansen summarized memorandum M-84-30 , dated March 21, 1984 , on the selection of a consultant for Skyline Ridge Open Space Preserve Master Plan and reported that following their meetings , the Evaluation Com- mittee considered 2M Associates of Berkeley, California the best qualified to complete the plan as outlined in their proposal. He noted 2M Associates ' desire to obtain maximum public input in the planning process via an advisory committee. D. Hansen discussed the advisory committee, which would be under the direction of Christie Holloway from POST and would consist of representatives from neighborhood and interest groups, POST, and the District to assist in planning and implementation of the project. Motion: R. Bishop moved that staff be authorized to: 1) enter into negotiations with 2M Associates of Berkeley, California to prepare a contract to complete a master plan for the Skyline Ridge Open Space Preserve as outlined in the Request for Letters of Interest, dated December 21, 1983 and their proposal dated February 17 , 1984 , in cooperation with POST, and for a price not to exceed $46 ,000 and, 2) to return with the proposed contract for Board consideration at the April 11 , 1984 Board meeting. T. Henshaw seconded the motion. Discussion: N. Hanko indicated she would like to see the following additions in the proposal : Under Section 1. 1 -- Prepare Preliminary Project Description; after District Nursery Revegetation Project; add "establishment of aquatic Meeting 84-7 Page Three and fisheries habitat. " On the next page after -- Natural Features , add "ponds and streams. " Under Section 3. 1 -- Initial Scope and Meetings , Agencies and organizations to be Contacted Include - other agencies such as local conservation districts. R. Bishop and T. Henshaw accepted these as changes in the motion. The revised motion passed 5 to 0 . Christie Holloway of POST discussed the differences between the pre- viously mentioned two committees. She said the advisory committee would seek public input in the developmental process for the master plan and would provide a base for later fund raising by POST; the executive committee would provide an opportunity for a sub-set of the two Boards to discuss significant policy issues of their respective Boards. She suggested the name of the executive committee be changed to coordinating committee. H. Grench stated he felt clarification was needed with respect to the coordinating committee on the role of Board members serving as com- mittee members , the role of full Board, and the role of staff. D. Wendin suggested a temporary liaison committee be appointed to meet with a corresponding group from POST to discuss the committee 's role, the questions raised, and to report back to the Board with a statement of what the role of the committee would be. Motion: D. Wendin moved that the President be authorized to appoint an ad hoc committee to report back by the next meeting with a proposal on the establishment of a coordinating committee as generally outlined in the 2M Associates (Selection of Consultant for Skyline Ridge Open Space Preserve Master Plan) memorandum M-84-30 of March 21, 1984. R. Bishop seconded the motion. The motion passed 5 to 0. D. Wendin appointed N. Hanko, H. Turner, and T. Henshaw to serve on the temporary coordinating committee. B. Final Adoption of the Fremont Older Open Space Preserve Use and Management Plan D. Hansen summarized memorandum M-84-27 dated March 15 , 1984 . He stated that a special-use committee had been formed to investigate suitability of constructing an equestrian riding ring in the Regnart Canyon area of the Preserve by a group of interested neighbors and to return to the Board within six months with their recommendations. Motion: N. Hanko moved the final adoption of the use and management plan for Fremont Older Open Space Preserve as contained in report R-84-14. T. Henshaw seconded the motion. Discussion: K. Duffy stated her concerns about the six month period before the committee would return to the Board with recommendations, noting she hoped that perhaps it could be six weeks or less. She indicated the citizens ' group was enthusiastic and that the Board should do all that was possible to resolve any policy issues as soon as practicable. D. Wendin suggested that the first meeting of the commitee could be held within four to six weeks. Meeting 84-7 Page Four Motion to Amend: K. Duffy moved an amendment that the Committee return to the Board within six months with a recommendation on the project with the first meeting of the Committee to be held within four weeks. D. Wendin seconded the motion. The motion passed 5 to 0. The amended motion passed 5 to 0. C. Plans for Tour of District Lands for Public Officials D. Hansen reviewed memorandum M-84-29 dated March 21, 1984 regarding plans for the tour and indicated that R. Bishop and C. MacDonald had taken a "dry-run" of the suggested tour that is scheduled for Saturday, May 12 , 1984. Motion: K. Duffy moved that the Board approve the plans for the van tour of District lands for public officials as outlined in report of March 21 , 1984 . T. Henshaw seconded the motion. The motion passed 5 to 0. D. Rules of Procedure Amendments - Committee Meeting Notification and Pledge of Allegiance J. Fiddes reviewed memorandum M-84-31, dated March 22 , 1984 , concerning the proposed Rules of Procedure amendments. Discussion centered on who would be notified of standing committee meetings when there was not enough time to include the notice on an agenda and how other committee meetings might be noticed. D. Wendin stated the first paragraph in Section 1. 86 should be amended by deleting "local newspapers of general circulation" and substituting in that place "each person who usually receives an agenda. " H. Grench recommended the second paragraph in Section 1. 86 be amended by adding the following "such as listing on agendas" at the end of the paragraph. R. Bishop suggested America the Beautiful could be sung as part of the special presentation for the Pledge of Allegiance. Motion: D. Wendin moved the adoption of Resolution 84-14 , as amended, amending Rules of Procedure concerning the Pledge of Allegiance and committee meeting notification procedures . N. Hanko seconded the motion. The motion passed 5 to 0 . E. Final Adoption of Interim Use and Management Plan for Addition to Skyline Rid2e Open Space Preserve (Former Quinn Property) D. Hansen reviewed memorandum M-84-26 , dated March 15 , 1984 , and indicated escrow on the Quinn property closed on March 7 , 1984 and staff had received no public comments on the use and management plan. Motion: K. Duffy moved that the Board adopt the interim use and manage- ment plan as contained in report R-84-09 and dedicate the property as public open space. R. Bishop seconded the motion. The motion passed 5 to 0 . Meeting 84-7 Page Five VII. NEW BUSINESS WITH ACTION REQUESTED A. Trail Bike Use at Sierra Azul Open Space Preserve D. Hansen reviewed memorandum M-84-28 , dated March 19 , 1984 , emphasizing the concerns over use of trail bikes at Sierra Azul Open Space Preserve by hikers and equestrians. D. Hansen also noted that the Ranger staff has been instructed to be on the lookout for improper trail use by bicyclists and noted both Santa Clara and San Mateo Counties had banned trail bikes on their trails. Discussion centered on how the neighborhood workshop is to be noticed. Suggested methods included: posting a notice on the site well in advance of the meeting, notifying all adjacent landowners as well as the individuals on the Sierra Azul Open Space Preserve and Kennedy Road mailing lists, and possibly having an article or advertisement in local newspapers. K. Duffy requested that Los Gatos Parks Department be notified and sent copies of the written communications received relevant to the issue. Suggested places to hold the workshop included: Los Gatos Community Center, Los Gatos Town Council Chambers , and one of the local high schools. Motion: D. Wendin moved that the Board approve the actions recommended by staff in memorandum M-84-28 in an attempt to curtail use conflicts on the Sierra Azul Open Space Preserve. R. Bishop seconded the motion. Discussion: Jack Barenka, a member of the Los Gatos Horseman 's Association and Mid-peninsula Trails Council, stated he had seen evidence of misuse of trails by bikers. Beverly Fike of 23170 Ravensbury Avenue, Los Altos Hills suggested meeting notices be sent to local high schools. Lorian Ink of Monte Sereno stated she felt the geography of the Sierra Azul Open Space Preserve precluded trail use by wheeled vehicles. The motion passed 5 to 0. D. Wendin stated, with the consensus of the Board, that item number seven, Proposed Addition to Windy Hill Open Space Preserve - Bachtold Property, would be put off until H. Turner's return from the Portola Valley Town Council meeting. B. Acquisition of Two Replacement Vehicles Through the State Bid System with Projected Funding in FY 84-85 D. Hansen reviewed memorandum M-84-32 , dated March 28 , 1984 , empha- sizing that staff had anticipated requesting the replacement of two vehicles at an April 1984 Board meeting; however, staff had just learned that the order deadline has been moved up to April 6 , 1984 via State bid system. D. Wendin questioned whether the Budget Committee had addressed this item, and D. Hansen stated they had not. H. Turner arrived at 8 :55 P.M. D. Wendin declared a ten minute recess at 8 :55 P.M. to allow H. Turner to review the item. The Board reconvened at 9: 10 P.M. E. Shelley arrived at 9: 10 P.M. Meeting 84-7 Page Six Motion: N. Hanko moved that the Board authorize the General Manager to purchase two replacement Ranger vehicles for current vehicles M-42 and M-45 as soon as possible through the State Office of Procurement at the cost of $12 ,100 each with $24 ,000 to be included in the proposed 1984-85 Open Space Management budget for this expense. R. Bishop seconded the motion. Discussion: In response to H. Turner 's questions of what would be done with the vehicles being replaced and if the cost noted was a gross figure, J. Boland indicated the vehicles being replaced would be sold for $2000 - $3000, and the cost of new vehicles is a gross figure. Discussion also centered on revising the replacement schedule so that Budget Committee would have the opportunity in future years to review truck replacement needs before the matter was considered by the full Board. D. Hansen and J. Boland reiterated that this was a one-time emergency request since notification has just been received that the order deadline had been moved up to April 6 , 1984. The motion passed 7 to 0 . C. Proposed Addition to Windy Hill Open Space Preserve (Bachtold Property} C. Britton, using the wall map, identified the 26 .6 acre parcel in relation to the Windy Hill Open Space Preserve and the Town of Portola Valley. He stated the terms of the purchase agreement called for a purchase price of $400 ,000 . He noted a payment of $200 ,000 is due at close of escrow which is anticipated Friday, March 30, with the balance of $200 ,000 payable over 5 years at 7 . 5 percent interest. D. Hansen referring to report R-84-16 , dated March 15 , 1984 , summarized the description of the site, potential use and development of the property, and need to work with County of San Mateo in opening Alpine Road for use by hikers, equestrians, and bicyclists. He reemphasized the value of the property lies in the knoll and its outstanding poten- tial viewsite and picnic area, and therefore, staff was recommending demolition of structures immediately. C. Britton reviewed the findings to demolish the structures from an enterprise standpoint which supported the demolition recommendation. H. Turner summarized the Portola Valley Council meeting noting: Portola Valley is not going to make a contribution toward the project; they applaud what the District does and like the way the District does it; and the Council members are in accord with the District 's objectives. He said Council members favored cooperative efforts , but didn't believe there was enough benefit to the Town in this particular project and would have preferred being involved in the project from the beginning. He also stated that the money requested for the project was the last of their open space acquisition fund, and the Town has no way to replace it in the future. In response to N. Hanko's question as to how it is decided for the District to seek cooperative efforts or acquire property on its own, H. Grench indicated that the Basic Policy and the Master Plan provided guidelines. R. Bishop stated he was disappointed Portola Valley was not going to participate, wished there was more time and that he was dubious about approving the purchase without the Town's assistance. Meeting 84-7 Page Seven C. Britton summarized a phone call from Bo Gimbel, Chairman of Portola Valley Trails Committee, listing the three categories into which property is classified: 1) Desirable for open space preservation, 2) significant but could control development through building ordinances (category into which Bachtold property is classified) , and 3) property they couldn't do anything about through zoning or purchase. H. Grench stated staff had not meant to raise unreasonable expectations regarding Portola Valley's participation in the project. He recommended the resolution be passed because the property is a valuable addition to Windy Hill Open Space Preserve. He emphasized that he was only recommending acquisition on the basis that the structures would be removed immediately. N. Hanko stated she was not involved in the process and had not seen the property. She said she was disappointed that Portola Valley was not contributing. D. Hansen showed a few slides of the site itself, the structures , and the knoll on which the house is situated. Motion: H. Turner moved the adoption of Resolution 84-15 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Windy Hill Open Space Preserve - Bachtold Property) . D. Wendin seconded the motion. The motion passed on the following vote: Ayes : D. Wendin, H. Turner, E. Shelley, R. Bishop, K. Duffy and T. Henshaw. Noes: N. Hanko. N. Hanko had previously stated she had not been involved in the process and had not seen the site. Motion: H. Turner moved that the Board tentatively adopt the use and management plan contained in the staff report, tentatively name the property as an addition to the Windy Hill Open Space Preserve, and indicate its intention to dedicate the property as public open space. R. Bishop seconded the motion. Discussion: H. Grench indicated that arrangements could be made for a tour of the property before the final adoption of the use and management plan at the second meeting in April. N. Hanko and D. Wendin, and T. Henshaw indicated interest in a tour of the property. The motion passed 6 to 0. N. Hanko abstained from the vote. VIII. ORAL COMMUNICATIONS, CONTINUED D. Wendin asked S. Norton to respond to T. Kavanaugh's question regarding the District' s policy of maintaining appraisals as confiden- tial documents both before and after the acquisition process. S. Norton stated that during the acquisition process and prior to close of escrow appraisal documents are considered confidential. He added that since the request was in regard to the Wilkins ' matter, which is under option until April 11, he would like to be given the opportunity to research the situation, confer with staff on policies , and report back to the Board at the next meeting. He said that at this time the appraisal is a confidential item. Meeting 84-7 Page Eight Motion: D. Wendin moved that the Board deny the Kavanaughs ' request to review the Wilkins appraisal until close of escrow and that the question of making the appraisal available after close of escrow will be decided after Legal Counsel 's report on April 11. H. Turner seconded the motion. Discussion: R. Bishop stated that he supported this action because an option is different from the actual closing of a sale and that the appraisal should currently be maintained as confidential. T. Kavanaugh stated he considered this matter quite different since the option agreement had required a $400 ,000 payment. The motion passed 7 to 0 . IX. INFORMATIONAL REPORTS H. Turner stated he believed it would be appropriate to find a way to return to the Portola Valley Council and seek to find a project for a joint acquisition. It was recommended that either H. Grench or C. Britton meet with appropriate representatives from Portola Valley Council and look at parcels that would lend themselves to a joint project. A general conclusion following discussion of H. Turner 's request was that joint projects should meet the goals of both parties and could be initiated by either party. Motion: R. Bishop moved that the Board direct staff to open discussions with appropriate representatives from Portola Valley along the lines suggested by H. Turner for a possible joint project. N. Hanko seconded the motion. The motion passed 7 to 0. R. Bishop announced he would not be able to attend the April 11 Regular Meeting but would be available for a Special Meeting on April 18 . D. Wendin noted the Special Meeting with San Mateo County Parks and Recreation Commission would be held on Thursday, April 19 , from 11: 00 A.M. to 2 :00 P.M. at Edgewood County Park. Staff was directed to include a map of the site and meeting location on the agenda. H. Grench stated that the Special Parks Forum will be held June 13-16 this year, and the main sponsor is East Bay Regional Park District with the District acting as co-sponsor. He said the District 's main role is to participate in sessions and serve as host on Saturday, June 16 for a tour of District sites. He requested the Board to reserve the dates . K. Duffy requested information on the current status of Alpine Road. D. Hansen indicated information could be incorporated in the Coal Creek Open Space Preserve review in May. H. Turner requested informational material on the road be available for the joint meeting with the San Mateo County Parks and Recreation Commission. X. CLAIMS Motion: D. Wendin moved approval of Revised Claims 84-6 of March 28 , 1984. E. Shelley seconded the motion. Discussion: T. Kavanaugh questioned Claim 6842 . H. Grench stated the District is looking into financing for new office space and that Jeffrey Higgins is a consultant in that field. The motion passed 7 to 0 . Meeting 84-7 Page Nine XI. CLOSED SESSION The Board adjourned to Closed Session on land acquisition and litigation matters at 10: 20 P.M. XII. ADJOURNMENT The Board reconvened to adjourn at 11: 44 P.M. Cecilia A. Cyrier Secretary