HomeMy Public PortalAbout19850424 - Minutes - Board of Directors (BOD) Meeting 85-10
IV
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
April 24 , 1985
MINUTES
I. ROLL CALL
President Teena Henshaw called the meeting to order at 7 : 37 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop
arrived at 7 :40.
Personnel Present: Craig Britton, David Hansen, Jean Fiddes,
Stanley Norton, Michael Foster and Lea Brown.
II. APPROVAL OF MINUTES
A. March 13, 1985
T. Henshaw stated the motion to approve the minutes of March 13
had been tabled to allow members of the public to submit written
statements to the Board for review and consideration. She said
statements were to be submitted if members of the public felt
their statements made at the March 13 meeting had been
inaccurately reflected in the minutes. No written statements were
submitted for the Board' s review and consideration.
Motion: E. Shelley moved the Board consider the approval of the
March 13 minutes. K. Duffy seconded the motion.
Discussion: N. Hanko noted she had requested at the
previous meeting that the word "use" be changed to
"acquisition" on page 4, paragraph 2.
The motion to approve the minutes passed 6 to 0.
B. March 27, 1985
Motion: K. Duffy moved that the Board approve the minutes of
March 27, 1985. N. Hanko seconded the motion.
Discussion: Jim Warren, 345 Swett Road, Woodside, said
the name June Genis should be June Janis in the March 13 `
minutes under Oral Communications. e_
The motion was passed 5 to 0 with E. Shelley abstaining
from the vote since he had not attended the March 27
meeting.
C. April 10, 1985
Motion: E. Shelley moved that the Board approve the minutes of
April 10, 1985. K. Duffy seconded the motion.
Discussion: N. Hanko questioned T. Henshaw' s response on
page two under approval of March 30, 1985 minutes.
T. Henshaw requested the words "agreed to the request"
be replaced by "said individual Board members could pro-
vide written statements. "
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
Page two
K. Duffy stated the statement on page 5, "N. Hanko
asked staff to investigate annexation procedures and report
back to the Board with a written report" and the statement
on page 6 "E. Shelley asked for a report from staff at the
next meeting or two on what the Board' s options are now and
what they would have been earlier in the process" should be
amended to indicate they were consensus statements of the
Board.
The motion passed 7 to 0.
Jean Fiddes informed the Board that there were no tapes available
for the April 10 meeting.
III. WRITTEN COMMUNICATIONS
L. Brown stated the Board had received the following written
communications : 1) letters from Earl Gilley, 110 Escanyo Way,
Portola Valley dated April 21, 1985; James Goeser, 222 Frances
Lane, San Carlos dated April 22 , 1985; R. Dove, 633 Palma,El Granada,
dated April 22, 1985; and Cynthia Schwabacher, P. O. Box 620067,
Woodside dated April 17, 1985 stating that the District should pur-
chase land adjacent to Russian Ridge Open Space Preserve that is
slated for development. Mr. Goeser also stated that the District
needs to repair its political fences; 2) a letter from Leslie Wadsworth
of 22400 Skyline Blvd. Box 22 , La Honda, dated April 16, 1985 regarding
the Skyline Ridge Master Plan and urging staff to give priority to
fire prevention measures and to establishing adequate water system
hydrants in Phase 1 as a first priority. She asked staff to investigate
alternatives which would eliminate parking lots along the Skyline
Scenic Corridor and to study methods to mitigate traffic problems;
3) letter from Edward Nelson, P. O. Box 705, Palo Alto, dated
April 17 , 1985 regarding his previous letter of March 26 , 1985
concerning a recorded easement of right-of-way of use of Grandview
Drive and Espinoza Road. A response dated April 19 from David Hansen
was included in the packet; 4) letter from Stephen Wolf, P. O. Box 322A,
Star Rt. 2 , La Honda, dated April 11, 1985 requesting the District
to address the weekend traffic problems on Skyline Boulevard and that
the District work with various agencies including the California
Highway Patrol and the Sheriff' s office on the problem; 5) a letter
from Anthony Such of 22306 Skyline Boulevard, La Honda, dated
March 29, 1985 stating his opposition to the District' s annexation
of property, to the use of eminent domain, to Closed Sessions, and
to the method the District used to implement the Brown Act. He
stated he felt Closed Sessions should be limited to litigation
matters. A reply dated April 18 from Craig Britton, Assistant
General Manager addressed some of Mr. Such' s comments.
N. Hanko stated she had received a memorandum from H. Turner regarding
the Open Space Management Budget Guidelines. H. Turner clarified he
had prepared the memorandum for consideration by the Budget Committee.
Discussion centered on Mr. Such' s letter and whether C. Britton should
have responded to the letter prior to its consideration by the Board.
N. Hanko said the Board should address how such letters should be
handled procedurally, and T. Henshaw stated she would write to
inform Mr. Such of the next public workshop.
I
Page three
Tom Kavanaugh, 1726 Spring Street, Mountain View, questioned the
Board about the use of District stationery by a member of the
Board to express a personal opinion. T. Henshaw stated she
would respond to Mr. Kavanaugh' s question later in the meeting.
N. Hanko requested additional information regarding Mr. Nelson' s
letter and the Espinosa and Grandview Road situation. D. Hansen said
he would be mailing an informational report on the matter.
T. Henshaw and N. Hanko expressed their support for the ideas
expressed in Mr. Wolf' s letter. T. Henshaw stated she would send a
letter of response to Mr. Wolf and would place an item on a future
agenda to discuss the traffic safety issues and what action the
District could take.
T. Henshaw stated the Board had been handed the following written
communications at the beginning of the meeting:
1) a letter, dated April 24, 1985 from Sandra Touchatt, P. O. Box 254,
Redwood City, requesting that the District assure the Portola Heights
Property Owners Association in writing that the Association governs
the private road to Skyline Boulevard and that, if the District is
unable to do so, a copy of a memorandum of leqal opinion that
clearly established the District' s position be sent to the Association;
2) a letter, undated, from Cliff Jenkins, stating that he wanted to
withdraw his remaining property from consideration for annexation by
the District; and 3) a letter, dated April 21, 1985, from Cliff Jenkins,
Jim A. and Judi Lohr, Barbara Jo and Robert C. Quinn, 22400 Skyline
Boulevard, La Honda, stating that they did not wish to have their
properties or residences annexed into the District.
Bill Guenther, 22400 Skyline Blvd, La Honda, addressed the Board
and stated that he did not want his property included in the District' s
annexation.
T. Henshaw requested that staff report back to the Board on the use
of the Portola Heights Road and the District' s responsibilities
regarding the road. She requested that Legal Counsel prepare a legal
opinion for the Board on the matter and that the information be
presented to the Board in Public Session for consideration. The
material presented to the Board was to include a draft response
to the Association for Board review and consideration.
Discussion centered on the Midpeninsula Preserves 1985 annexation
and the impact of the communications from Mr. Guenther, Mr. Jenkins,
Mr. and Mrs. Lohr, and Mr. and Mrs. Quinn. C. Britton stated that
the Santa Clara County LAFCO would be discussing the matter at their
May 8 meeting, the same date as the Board' s next meeting. C. Britton
noted that if the Board wanted to take any action concerning
annexation they would have to place it on the agenda as an
emergency item.
Motion: E. Shelley moved that the Board add the annexation matter
to the agenda as an emergency item because of the impact
of the written communications received earlier in the
meeting and the timing of the LAFCO meeting. H. Turner
seconded the motion. The motion passed 7 to 0.
Page four
IV. ADOPTION OF AGENDA
C. Britton requested that an emergency item, Emergency Authorization
to Purchase Materials for Rancho San Antonio Water Project, be added
to the agenda under New Business with Action Requested. He said the
reason for the request was that the cost of materials involved ex-
ceeded $10,000 and that the order had inadvertently been placed by
staff without Board authorization. He stated that the order could
be cancelled if the Board did not want to consider the matter as an
emergency item.
Motion: H. Turner moved that the Board add the item concerning the
purchase of materials for the Rancho San Antonio Water
Project on the agenda for the reasons stated by C. Britton.
K. Duffy seconded the motion. The motion passed 6 to 1
with N. Hanko voting against the motion.
T. Henshaw stated that the amended agenda, including the two
emergency items, was adopted by Board consensus.
V. ORAL COMMUNICATIONS
Sandra Touchatt invited the members of the Board to tour Portola
Heights area on May 5. T. Henshaw stated that she had discussed
the tour with Mrs. Touchatt and that she would be attending on
May 5. R. Bishop and D. Wendin said they would also attend.
T. Henshaw said that the afternoon would include a tour with
representatives of the South Skyline Association.
T. Kavanaugh requested that his property not be talked about without
his being present and requested that his name be removed from the
listing of property owners.
J. Warren, 345 Swett, Woodside, said he was opposed to the eminent
domain moratorium proposed by H. Turner in his April 23 memorandum.
He distributed a copy of the Country Almanac to the Board in which
he had a letter to the editor about the District and apologized to
H. Turner about incorrectly referring to him as a Stanford attorney.
Mr. Warren asked if all District employees were required to sign a
disclosure agreement and asked if plans for the Skyline Ridge Master
Plan had been submitted to the San Mateo Planning Commission for
approval. He asked for comparables for the General Manager's salary
for 1982 , 1983 and 1984.
C. Britton responded that only certain employees are required to
sign an employment agreement.* D. Hansen explained the reasons the
Skyline Ridge Master Plan did not have to be submitted to the
Planning Commission. T. Henshaw said she would raise the question of
the General Manager' s salary comparables at a Budget Committee
meeting. )C44�md ar, .-k -
William Obermayer, 3200 Long Ridge Road, La Honda, saidsince there
was a good spring and well at the Skyline Ridge Open Space Preserve,
the installation of a water tank could provide fire protection.
He said that he is working on a map of the Portola Heights area
so that it could be marked on the Master Plan as a rural residential
community and that he felt the District was receiving biased legal
information regarding relocation aid to the Quinns.
Page five
C. Britton responded that the District had bought the property from
Sandra Quinn and was not responsible for relocating her brother under
the terms of the agreement. He said he had been working with both
parties to reach some type of compromise.
Bob Fisse, representing the South Skyline Association, requested
information concerning the recall of directors. S. Norton responded
that the Elections Code included a section on recall.
VI. OLD BUSINESS WITH ACTION REQUESTED
A. Resolution Disapproving Annexation Entitled "Sempervirens
No. 687-A" (Memorandum M-85-65 of April 18, 1985)
Motion: R. Bishop moved that the Board adopt Resolution 85-30,
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Disapproving the Annexation
of Territory Designated as "Sempervirens Annexation
No. 687-A" Into This District. E . Shelley seconded the
motion. The motion passed 7 to 0.
T. Henshaw requested that the cover letter to the Santa Cruz
County LAFCO that would accompany this resolution detail the
reasons the Board had disapproved the annexation at its previous
meeting.
B. April 17 Workshop Follow-Up (Memorandum M-85-66 of April 19, 1985)
T. Henshaw stated the next public workshop would be held on
Saturday, May 4 and the Board would be receiving comments on
implementation of the Brown Act, acquisition of land outside the
District' s boundaries, and annexation of land. She stated the
Board consensus that the same format would be used as at the
April 17 workshop.
H. Turner stated that he, N. Hanko, and R. Bishop would be
meeting on May 2 at 8 :00 P.M. to work on their Committee assignment
of providing the Board with a range of alternatives regarding the
use of eminent domain. Discussion centered on whether the Committee
meeting should be open to members of the public and whether the
public should be active participants or observers only.
Motion: D. Wendin moved that the Board approve having the
Committee meeting scheduled for May 2 an open meeting
to members of the public for the purpose of observation
only. H. Turner seconded the motion.
Discussion: Discussion centered on the Committee' s exact
charge. D. Wendin subsequently stated that since the
Committee would be returning to the Board with a full
range of alternatives he did not feel it necessary for
the meeting to be open to the public. S. Norton stated
that since the Committee was not a standing committee it
did not need to be publicly noticed. H. Turner stated
his support for having public observers at the meeting.
Members of the public Jim Warren, Jay Thorwaldson, Beez
Jones, and Tom Kavanaugh expressed their support for the
Committee meeting being open to members of the public.
Robert Fisse and Charles Touchatt stated they did not feel
Page six
The Committee meeting should be noticed and open to
members of the public.
The motion passed on the following vote:
- Ayes: ,K. Duffy, D. Wendin, E. Shelley, N. Hanko, T. Henshaw
and R. Bishop.
tNoes: H. Turner,A AAk CA4111"
T. Henshaw requested that the members of the Board receive a copy
of Open Meeting Laws.
Motion: K. Duffy moved that the Board schedule a Special Meeting
to be held at 9 :00 A.M. Saturday, May 4 , 1985 at Las Lomitas
School, 299 Alameda de las Pulgas, Atherton for the purposes
of discussing implementation of the Brown Act, acquisition
of land outside the District' s boundaries, and annexations.
R. Bishop seconded the motion. The motion passed 7 to 0.
T. Henshaw stated the Special Meeting would conclude at 11: 30 A.M.
C. Search for Permanent District Office Headquarters - Financial
Analysis of Mountain View Site (Memorandum M-85-64 of April 17 , 1985)
C. Britton reviewed the staff report noting that the financial analysis
indicated that building facilities at the Mountain View location
became equal to renting about eight years after commencement and from
then on increased its advantage. He stated that the additional staff
time required to oversee the design and construction of a new facility
could be handled at the current staff level. M. Foster discussed the
issuance of certificates of participation to finance the office con-
struction project and said such certificates would not count against
the additional debt covenant in the District' s 1982 and 1985 Note issue.
C. Britton stated the City of Mountain View would require an all-cash
payment for the property at the southwest corner of Bailey and Latham
Streets.
,4mc
T. Henshaw stated the Cline School site on Ortega Street was for sale
and suggested buying the site and selling off part of the land.
T. Kavanaugh requested that all meetings of the Office Space Committee
be open to the public.
R. Bishop stated that as a matter of policy the District should
continue to rent its office space for the following reasons: more
flexibility when renting in terms of increases or decreases in the
amount of office space required; District's money should be spent on
acquisition; the amount of Board and staff time involved in con-
structing a new facility; creating the image of building a monument;
and the need for a construction superintendent during all phases of
construction.
Motion: E. Shelley moved that the Board approve the recommendations
in memorandum M-85-64 stating: 1) staff would continue to
work with the Committee which would monitor progress and
help to formulate recommendations to the full Board, 2) on
first priority basis, District staff would pursue the
purchase of the City of Mountain View site at the southwest
corner of Bailey and Latham streets ; staff is to return
with progress reports and necessary hiring of consultants
Page seven
if any contract were to exceed $10, 000, and 4) on a
second priority basis, staff will continue to search for
other possible office site locations or land and/or
buildings for lease and/or purchase for permanent use.
K. Duffy seconded the motion.
Discussion: D. Wendin stated that from the policy and
political point of view, no Board members should vote in
favor of the motion if at a later date they were not
planning to support the idea of the District purchasing
the Mountain View site and constructing a facility.
The motion passed on the following vote :
Ayes: K. Duffy, D. Wendin, E. Shelley, T. Henshaw, and
H. Turner.
Noes: N. Hanko and R. Bishop.
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Appointment of Auditor for 1984-1985 Fiscal Year (Memorandum
M-85-56 of April 19, 1985)
M. Foster stated that he was not recommending a change in auditors
for the coming audit. He said that Deloitte, Haskins and Sells'
estimated fee of $6 ,200 for the 1984-1985 audit was a 10. 7%
increase over the previous year' s standard fee and appeared
reasonable compared to the competitive quotes obtained previously
and to the level of service provided by the firm. In response
to a question from E. Shelley regarding changing auditors,
M. Foster stated that it was easier to fool a new auditor and
that audit continuity was important.
Motion: N. Hanko moved that the Board appoint Delcitte, Haskins
and Sells as the District' s auditors for the fiscal year
1984-1985. R. Bishop seconded the motion. The motion
passed 7 to 0.
B. Emergency Item - Midpeninsula Preserves 1985 Annexation
T. Henshaw stated that this item had been placed on the agenda as
an emergency item because of the written communications received
earlier in the meeting from the private landowners involved who
were withdrawing their consent to the annexation. She said the
Board needed to decide what it should do, as a result of the
letters, relative to the Santa Clara LAFCO meeting on May 8 at
which the annexation would be discussed.
Discussion centered on what actions the District could take,
including amending the application before LAFCO or asking for a
continuation and rehearing of the matter. Directors Duffy,
Bishop, Turner and Wendin said that the District should not
annex private land when the property owners do not consent to the
annexation.
Bill Guenther and Bill Sorich stated that Peter' s Creek should
be the natural boundary between the District and privately owned
land in the area. William Obermayer stated that the District
should not annex any land until the conclusion of the public
workshops.
Page eight
Motion: D. Wendin moved that the Board direct staff to amend the
annexation request before LAFCO to include only land
owned in fee by the District. R. Bishop seconded the
motion.
Discussion: Carol Doose stated that members of the public
should be able to address the annexation subject before the
Board took any action. D. Wendin responded the actual
annexation would not occur until after the public
workshops were completed since the Board could schedule
when they would be heard. N. Hanko stated she would vote
against the motion out of principle since she felt the
matter should be continued by LAFCO until the District' s
annexation policies were in place. In response to a
question from Jim Warren, S. Norton discussed the questions
regarding the enforceability of District ordinances on
non-annexed land. In response to a question from T. Kavanaugh,
T. Henshaw explained why Santa Clara County LAFCO had
jurisdiction in the matter.
D. Wendin stated that he supported N. Hanko' s decision,
noting that it was not necessary to amend the annexation
request until the public workshops were complete and that he
favored a continuance of the item.
E. Shelley spoke in favor of the motion since District-owned
land was involved.
Charles Touchatt said that the District should not buy land
outside of its boundaries.
H. Turner pointed out that if the Board did not decide to
amend the annexation, LAFCO could hear the matter and vote
in favor of it, thus annexing the private property.
The motion passed 7 to 0.
Motion: D. Wendin moved that the Board direct staff to request
that LAFCO continue the matter until after discussions
resulting from the public workshop were complete. N. Hanko
seconded the motion.
Discussion: R. Bishop stated he would vote against the
motion since he did not feel there were objections to
annexing land owned by the District. E. Shelley stated
he would not support the motion.
The motion passed on the following vote:
Ayes : K. Duffy, D. Wendin, H. Turner, and N. Hanko
Noes : E. Shelley, R. Bishop, and T. Henshaw
C. Emergency Authorization to Purchase Materials for Rancho San Antonio
Water Project (Memorandum M-85-68 of April 24 , 1985)
D. Hansen stated that staff had inadvertently exceeded their purchase
authorization limit when ordering the materials for the water ,
project, a part of the fire protection plan for Rancho San Antonio
Open Space Preserve that was approved in the Preserve' s use and
management plan. He noted that the order could be cancelled and
said that the City of Mountain View will be reimbursing the District
for approximately one-third of the project cost.
Motion: E. Shelley moved that the Board select the material bid
from Roberts & Brune and authorized the Assistant General
Manager/General Manager to purchase materials for the
Page nine
Rancho San Antonio Water Project in the amount not to
exceed $14 ,000. D. Wendin seconded the motion. The
motion passed 7 to 0, with N. Hanko stating that although
she voted in favor of adopting the motion, she felt that
staff should secure proper authorizations in advance in
the future.
VIII . INFORMATIONAL REPORTS
D. Wendin noted that Section 1. 43 of the Rules of Procedure stated
that a written communication could be placed on an agenda for action.
The members of the Board discussed procedural items they would like
discussed at the next Board meeting, and T. Henshaw stated that the
agenda item should cover distribution of written communications,
use of District stationery by an individual Board member to
express a personal opinion, and ways to shorten the length of a
meeting so that Closed Sessions do not end so late in the evening.
D. Hansen stated that he and H. Turner would be meeting at 7 : 30 P.M.
on Thursday, April 25 at the Woodside Town Hall with the residents on
Grandview and Espinosa Roads to discuss access and the road
maintenance agreement. In reference to the written communication
item earlier in the evening he briefed the Board on the contacts he
had had with Mr. Nelson.
D. Hansen stated that the Los Gatos Creek Park fence is 90% complete,
but the entire project would not be completed for a couple of months
because of surveying being done to locate an elusive property corner.
C. Britton reported that the annexation matter before the San Mateo
County LAFCO had been continued for 60 days.
C. Britton reported on the May 21 field trip with the San Mateo
County Board of Supervisors. In response to a question from R. Fisse,
S. Norton stated that the District was not required to furnish
transportation for members of the public.
R. Bishop stated that he had represented the District at the 10th
anniversary celebration of the Santa Clara County Trails and
Pathways Committee.
E. Shelley requested that staff report on the reasons so many of the
trails at Edgewood County Park were closed to use.
S. Norton announced that the litigation matter to be discussed by the
Board in Closed Session concerned Hassler.
IX. CLAIMS
Motion: E. Shelley moved that the Board approve the revised claims
85-8 of April 24, 1985. R. Bishop seconded the motima.
Discussion: In response to a question from T. Kavanaugh, C
Britton stated that Charlotte MacDonald had been hired as
a consultant and the amount on the claims list represented
the work she had done as a consultant on the budget. The
motion passed 7 to 0.
Page ten
X. CLOSED SESSION
The Board recessed to Closed Session at 10 : 37 P.M. The Board re-
convened to public session at 12 : 05 A.M. , Thursday, April 25, 1985,
to announce that the Closed Session would be continued to Friday,
May 3, 1985 at 1: 30 P.M. at the District office for further discussion
of the Hassler litigation.
XI. CONTINUED CLOSED SESSION
The Board reconvened for the Continued Closed Session at 1:40 P.M. ,
Friday, May 3, 1985 at the District office. Directors Wendin,
Henshaw, Turner, Hanko, and Duffy were present.
XII. ADJOURNMENT
The meeting was adjourned at 2 :20 P.M. , Friday, May 3, 1985.
Jean Fiddes, District Clerk
Lea Brown, Secretary
CORRECTIONS TO THE MINUTES OF APRIL 24 , 1985
APPROVAL OF MINUTES
A. April 24 , 1985
Motion: H. Turner moved that the Board approve the minutes of
April 24 , 1985 . D. Wendin seconded the motion.
Discussion: N . Hanko requested the following corrections :
on page one, Item B, the name June Genis had been spelled
correctly in the minutes of March 13 , 1985; on page four,
paragraph 8 , the first sentence should read, "C. Britton
responded that only those employees dealing with land acqui-
sition are required to sign an employment agreement" ; and on
page six, paragraph one , the vote for the April 17 Workshop
Follow-Up should read "Aye: 11 Turner; and Noes :
K. Duffy, D. Wendin, E. Shelley, N. Hanko, T. Henshaw, and
R. Bishop. "
T. Henshaw stated that the second paragraph of Item C on
page six should be corrected to say that she suggested the
District look into buying the Klein School site and selling
off part of the land. She noted the school ' s name had been
misspelled.
The minutes were approved 7 to 0 as corrected.