HomeMy Public PortalAbout19840912 - Minutes - Board of Directors (BOD) ,A- Meeting 84-20
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR MEETING
BOARD OF DIRECTORS
SEPTEMBER 12, 1984
MINUTES
I . ROLL CALL
President Daniel Wendin called the meeting to order at 7 : 45 p.m.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw ,
Nonette Hanko, Harry Turner, and Richard Bishop. Edward Shelley
arrived at 8 :50 p.m.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Charlotte MacDonald, Stanley Norton, Mike Foster, Jean Fiddes,
Alice Watt, Cecilia Cyrier, and Doris Smith.
II . WRITTEN COMMUNICATIONS
D. Smith stated the Board had received a letter, dated Septem-
ber 12, 1984, from Stephen C. Wolf, P.O. Box 322A, Star Route 2,
La Honda, regarding Long Ridge Open Space Preserve not being open
to dogs . The letter was referred to the Dog Commmittee.
III . ADOPTION OF AGENDA
D. Wendin stated the agenda was adopted by Board consensus.
R. Bishop introduced Constance Barba of San Carlos, a candidate
for Director in Ward 7 . D. Wendin noted Barbara Green, former
Director for Ward 3, was in the audience.
IV. ORAL COMMUNICATIONS
There were no oral communications .
V. OLD BUSINESS WITH ACTION REQUESTED
A. Los Gatos Creek Park Acquisition Project (Lands of the Califor-
nia Province of the Society of Jesus)
H. Grench introduced report R-84-40 dated September 5, 1984
and noted the Town of Los Gatos had approved the agreement on
September 10 .
C. Britton described the subject property and the basis for the
settlement reached with the California Province of Jesus . He
noted that of the land originally sought, approximately 170
acres would be acquired in fee by the District and that the
Jesuits will retain title to approximately 97 acres, which would
be subject to an easement limiting use to agricultural and
recreational purposes .
C. Britton stated that litigation matters currently pending in
the courts involving the District, the Town of Los Gatos, and
the Jesuits will be settled by the agreement, with each party
Meeting 84-20 Page two
dropping its law suit and paying its own legal fees.
C. Britton stated the purchase price of $3 .7 million would be
payable at the close of escrow on or before October 19, 1984 .
He noted it was anticipated that there would be approximately
$100, 000 in expenses to cover the survey and fencing costs and
the title and escrow fees, bringing the total cost to $3 . 8
million. He explained the amount of funds available from the
Los Gatos Open Space Acquisition Fund and a Federal Land and
Water Conservation Fund approved grant totaling $2, 388 ,574 .
He noted that the Grant of Open Space Easement, Exhibit "D" of
the Agreement, contained two changes: on page three, section
(f) , line 3 should read " . . .currently on the SUBJECT PROPERTY
except for materials or equipment. . . " (the words "except for"
have replaced "or of" and the word "not" has been deleted) and
on page seven, the following sentence was added to paragraph 1 :
"Further, each and every term, condition, restriction, reser-
vation and covenant contained herein shall bind and inure to
the benefit of the respective lessees, successors, and assigns
of each of the parties hereto. "
C. Britton described a minor 100 foot change that was required
in the Property' s legal description, noting that if the Board
approved the agreement it should be understood the change would
be made.
D. Hansen reviewed the potential use and management of the site
and the boundaries of the proposed fence which the District
would construct around the Novitiate 's Open Space Easement. He
noted proposed uses of the fee title area would complement the
forthcoming Santa Clara County Master Plan for future use of
Lexington Reservoir and would provide for low-key type of acti-
vities, environmental education, hiking running , and day
camping. D. Hansen said the initial use and management Planning
schedule for the site will be presented to the Board in Novem-
ber, 1984 as part of the annual review of all sites .
D. Hansen stated the major item in the interim use and manage-
ment recommendations is the fence line and presented two plans
for the proposed fence, noting the first plan would extend along
the entire portion of the boundary line between the District's
fee property and the Novitiate 's Open Space Easement. He said
the second plan called for fencing only crucial sections of the
boundary line to restrict access since other portions of the
line were covered with very dense brush that would prohibit
passage. A. Watt showed slides of the area to illustrate where
the fence would be placed and discussed the key-hole shaped
passages that would be constructed at strategic points in the
fence to allow animal passage. He stated the Jesuits tenta-
tively agreed to the second fence plan with the understanding
that the District would be required to install a complete fence
if trespassing occurred.
E. Shelley arrived at the meeting and the members of the Board
familiarized him with the discussion that had taken place and
changes discussed by C. Britton.
Meeting 84-20 Page three
D. Hansen discussed the requirements of the California Environ-
mental Quality Act concerning the fence project and stated staff
had completed an Initial Study and concluded the project will
not have a significant impact on the environment. He said staff
was recommending the Board adopt a Negative Declaration with
mitigations for the project. He stated staff would be investi-
gating the proper color for the fence.
H. Haeussler, 1094 Highland Circle , Los Altos, asked if the
fence will have a rail at the bottom and expressed an opinion
that the District is paying a very large sum per acre compared
to past purchases for the property. D. Hansen answered that
the fence would have a taut barbed wire strand rather than a
rail at the bottom.
H. Grench noted the first interim use and management recom-
mendation on page five should be amended to read "When the
fence is installed, the site will be open. . . " He stated it
was anticipated that the fence would be installed within 30-60
days after close of escrow.
S. Norton proposed the following wording be added to paragraph
two, line five, of the staff recommendation contained on page 7
of report R-84-40: " . . .to the fencing project, incZuding
approval of aZZ supporting materiaZ contained in or referred to in the
staff report. " D. Wendin requested the minutes reflect that any
member of the audience had had the opportunity to address the
Board on the proposed Negative Declaration with mitigations for
the fence.
Carolyn Lekberg, 1509 Mallard Way, Sunnyvale, stated that it
seemed a large sum to pay for property only to peer at and have
no public access . H. Grench answered that at least the property
would not be developed and would be a visual resource. He added
that the monetary value of the easement would be almost as much
as the value of full fee title.
Jack Barinka, 16602 Marchmont Drive, Los Gatos, auestioned staff
about road access, trails, equestrian access, and the ability of
animals to reach drinking holes on the property after the fence
was constructed.
Motion: K. Duffy moved that the Board adopt the Negative
Declaration relating to the fencing project, including
approval of all supporting material contained in or
referred to in the staff report. H. Turner seconded
the motion. The motion passed 7-0 .
Motion: K. Duffy moved that the Board adopt Resolution 84-37,
a Resolution of the Board of Directors of the Midpen-
insula Regional Open Space District Authorizing
Acceptance of Agreement in Compromise and Settlement
of Disputed Claims, 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 (Los Gatos Creek/Park Lands of
the California Province of the Society of Jesus . )
H. Turner seconded the motion.
Meeting 84-20 Page four
Discussion: C. Britton stated the date of September 11 should
be inserted in the blank in Section one of the Resolution.
The motion passed 7-0 .
Motion: K. Duffy moved that the Board indicate its intention
to dedicate the fee and easement property as open
space and tentatively adopt the interim use and manage-
ment recommendations, as contained in report R-84-40
including the change of language in paragraph E-1 on
page five. H. Turner seconded the motion. The motion
passed 7-0 .
Motion: H. Turner moved that staff be directed to advertise
for bids to construct the fence in accordance with
mitigation measures and in accordance with the final
configuration agreed upon by staff and the Novitiate.
R. Bishop seconded the motion. The motion passed 7-0.
VI . NEW BUSINESS WITH ACTION REQUESTED
A. Review of Prices and rolicy Regarding Agenda, Minutes and
Packet Subscriptions
H. Grench summarized menorandur. M-84-78 dated August 31, 1984 .
N. Hanko expressed her support for the current rates .
R. Bishop spoke in favor of the updated subscription rates, and
D. Wendin stated he felt the current charges were reasonable,
noting, however, that staff should review the charges if postage
rates increase.
R. Fisse , Star Route 2, Box 402, La Honda, requested that the
subscription rate for full packets be decreased to $50 . He
noted that he represented a large homeowners association and
disseminated the packet information to many individuals .
Motion: H. Turner moved that the Board maintain current sub-
scription rates and that Boardlbe directed to return
to the Board with revised recommendations should
postage rates increase. N. Hanko seconded the motion.
The motion passed 7-0 .
B. Alternate Location for September 26 Regular Meeting
H. Grench reviewed memorandum DI-84-77 dated Sentember 4, 1984
and J. Fiddes stated it appeared the District would be able
to hold the September 26 meeting at Los Altos High School .
R. Bishop requested that a map showing the location of the
school be included with the agenda. N. Hanko asked if a
notification will be posted on-site, and D. Hansen stated
notices would be placed on the Preserve.
Motion: D. Wendin moved that the regular Board meeting on
September 26 be held at Los Altos High School
multi-purpose room, and if the high school is unavail-
able, the meeting be held at the District office as
Meeting 84-20 Page five
usual . N. Hanko seconded the motion. The motion
passed 7-0 .
VII . INFORMATION REPORTS
H. Grench proposed October 17 as the date for the joint meeting
with the Santa Clara County Park and Recreation Commission. The
Board tentatively agreed to that date.
H. Grench reported on the Santa Clara County LAFCO meeting held on
September 12 regarding the extension of the District's Sphere of
Influence into Santa Cruz County and stated that a joint meeting
would be held by both Counties ' LAFCOs to discuss the matter. He
said he did not think that Santa Clara County LAFCO had decided to
transfer jurisdiction to Santa Cruz County LAFCO.
D. Hansen reported that the Santa Clara County Planning, Commission
had granted a conditional use permit for the Sunrise Winery on the
Picchetti Ranch area. He said the condition provides for a paved
apron to the driveway which must extend to the gate.
D. Hansen announced that the second public meeting for the -Skyline
Ridge Master Plan is tentatively scheduled for October 3 at 7 :30 p.m.
at Los Altos High School .
VIII . CLAIMS
Motion: D. Wendin moved that the Board approve the revised
claims 84-16 . T. Henshaw seconded the motion. The
motion passed 7-0 with N. Hanko abstaining on Claim
7408 to IBM.
IX. CLOSED SESSION
The Board adjourned to Closed Session at 9 :35 p.m.
X. ADJOURNMENT
The Board reconvened to adjourn at 10 : 40 p.m.
D. Smith
Secretary
CORRECTIONS TO THE MINUTES OF
B. September 12, 1984
E. Shelley stated the word "Board" in the second line of the third motion on
Page Four should be replaced by the word "staff".
Motion: E. Shelley moved the approval of the minutes of September 12, 1984 with
the correction noted. H. Turner seconded the motion. The motion passed
5 to 0.