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HomeMy Public PortalAbout19850522 - Minutes - Board of Directors (BOD) Meeting 85-13 N100k * +.0 mmk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS May 22 , 1985 MINUTES I . ROLL CALL President Teena Henshaw called the meeting to order at 7 :36 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop arrived at 7 : 43 P.M. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Stanley Norton, Del Woods , James Boland, Joyce Nicholas, and Doris Smith. II . 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: H 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. B. May 4 , 1985 Motion: D. Wendin moved that the Board approve the minutes of May 4 , 1985. H. Turner seconded the motion. Discussion: N. Hanko noted that on page six, paragraph ten, the word through in the first sentence should be changed to around. The motion to approve the minutes as corrected passed 6 to 0 , with E. Shelley abstaining from voting because he was not present at the May 4 meeting. C. May 8 , 1985 Motion: D. Wendin moved that the minutes of May 8 , 1985 be approved. 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 85-13 Page two H. Turner seconded the motion. Discussion: N. Hanko said the last sentence in paragraph 2 on page five should read: "N. Hanko stated she felt at least one member of the public should be on each bus so there would be no question as to any Brown Act violation. " The motion to adopt the minutes as corrected passed 6 to 0 with E. Shelley abstaining from voting because he was absent at the May 8 meeting. III . WRITTEN COMMUNICATIONS D. Smith stated that the Board had received the following written communications: 1) a letter dated May 16 , 1985 from Kenneth W. Brooks, owner of Stevens Creek Ranch, 22599 Mount Eden Road, Saratoga, explaining his actions pertaining to building a trail on his property and across a portion of the Fremont Older Open Space Preserve; 2) a postcard received at the District office May 15, 1985 from Jerry Perkins regarding the acquisition of the Peters ' property; 3) three letters from Jim Warren, 345 Swett Road, Woodside, repre- senting the Peninsula Citizens ' Action, concerning condemnation of owner-occupied buildings and his responses to the May 4 work- shop, Director H. Turner' s written proposals regarding eminent domain, and the performance and compensation of the District's General Manager; 4) a letter dated May 20 , 1985 from Judy Viles, 444 Saratoga Avenue, Apt. 34K, Santa Clara, and 20 other indivi- duals asking that access be permitted to Fremont Older Open Space Preserve from Stevens Canyon Ranch; 5) a letter dated May 16 , 1985 addressed to Director H. Turner from Carl Djerassi, 2325 Bear Gulch Road, Woodside, concerning the inclusion of SMIP Ranch on the listing of property owners. H. Turner asked for instructions from the Board on how he should reply to the letter. The Board' s consensus was that H. Turner will prepare a draft letter to be reviewed by the Board President before mailing. IV. ADOPTION OF AGENDA T. Henshaw stated that the agenda was adopted by Board consensus. V. ORAL COMMUNICATIONS Bob Fisse, representing South Skyline Association, discussed a conver- sation he had had with Don Langrock, one of the residents of Grand- view Road, and suggested the District be generous in working out a road maintenance agreement. J. Warren, 345 Swett Road, Woodside, referring to a written communi- cation he brought with him to the meeting, discussed four resolutions adopted by the Kings Mountain Association regarding eminent domain, protection of MROSD properties, limiting annexations and purchase of lands outside District boundaries . He urged as many Board members as possible to be present at the June 20 meeting of the Association. C. Touchatt, P .O. Box 254 , asked the Board to reconsider its position on transportation for the public on any future field trips taken by the Board, noting adequate transportation should be furnished for all concerned. J. Warren referred the Board to an editorial in the Country Almanac regarding District policies on the subjects of eminent domain and con- Meeting 85-13 Page three demnation of property and asked for clarification on where the Almanac got the information that the District has never used eminent domain and that two-thirds of the District' s long-term land goals have been reached. R. Bishop stated he did not know where the Almanac got the information regarding eminent domain and H. Grench responded that there is no specific policy on acreage to be acquired, adding that the Basic Policy refers to protecting the maximum feasible amount of open space in the foothills and baylands . J. Warren urged the Board not to take the homes put up for the bond involved in the Hassler litigation. R. Bishop responded that the terms of the settlement of the Hassler lawsuit provide that the District will not proceed to enforce the bond put up by the Coalition to Preserve Hassler. H. Grench added that the District had been putting a lot of effort into helping Ms . Wiesner solve her problem with the bonding company. J. Warren expressed concern over rumored increased motorcycle traffic in the Purisima Canyon, particularly the lower portion, and he urged the District to hire sufficient staff to patrol the area. VI . SPECIAL ORDERS OF THE DAY Introduction of Docent Trainees (Memorandum M-85-83 of May 15, 1985) Joyce Nicholas described the training program for docent volunteers and introduced to the Board those trainees present at the meeting from the current 22-member docent class. VII . OLD BUSINESS WITH ACTION REQUESTED A. Report of Committee to Study District Policies Regarding Use of Eminent Domain, Procedures Pursuant to Brown Act Amendments, Acquisition of Lands Outside District Boundaries, and Annexation - (Memorandum M-85-89 of May 17, 1985) N. Hanko said that the Committee was not making any recommendations but was presenting a full range of ideas concerning the use of eminent domain for the Board to consider at a workshop-type of meeting. She said the Committee 's report included a recommended policy to deal with arbitration, a possible agreement that could be used to implement policy Alternative Nine which would provide for a longer term open space agreement. She said the Committee recom- mended that the Board hold a workshop June 5 at 7: 30 p.m. N. Hanko said the Committee expected to complete all its assign- ments and prepare a report for distribution at the June 5 meeting. Discussion centered on the procedure to be followed at the workshop and what action would be taken, if any. E. Shelley said the work- shop was not the place to take final action. T. Henshaw stated that the major portion of the workshop would be a Board discussion of the policy alternatives presented by the Committee. D. Wendin suggested that, to maximize the number of Board members present at the workshop, the June 12 Regular Meeting be switched to June 5 and the workshop be held June 12. Motion: D. Wendin moved that the June 12 Regular Meeting be re- scheduled to June 5 and that a Special Workshop Meeting be scheduled for June 12 to discuss all the policies that had been referred to the Committee. The motion was seconded by N. Hanko. ADD - ONS (85-86)_ (in order of desirability) COST A) Full time Ranger Aide $ 8 , 200 B) Full time Architect/Engineer 30 ,300 C) Meeting 85-13 Page four Discussion: D. Wendin stated that it is important that all issues be addressed at one time because they all interact. H. Haeussler, 1097 Highland Circle, Los Altos, stated his objections of rescheduling the normal Regular Meeting to the first Wednesday of the month. The motion passed 7 to 0 . The Board decided by consensus to hold the June 12 Special Meeting at the Portola Valley Multi-Use Room, if available, and restated that the procedures for the meeting will be to open the workshop with a lengthy discussion by Board members of the policy alterna- tives, after which time the meeting will be open for public comment. VIII . NEW BUSINESS WITH ACTION REQUESTED A. Resolution of Congratulations to William Penn Mott, Jr. (Memorandum M-85-82 of May 14 , 1985) Motion: H. Turner moved that the Board adopt Resolution 85-32, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Congratulating William Penn Mott, Jr. on His Appointment as Director of the National Park Service. K. Duffy seconded the motion. The motion passed 7 to 0 . B. Illegal Grading on the Fremont Older Open Space Preserve and Proposed Amendment to the Fremont Older Open Space Preserve Use and Management Plan (Memorandum M-85-84 of May 15, 1985) D. Hansen showed slides of the area in which illegal grading occurred in April of this year on the southern edge of the Fremont Older Open Space Preserve and reviewed the two options proposed. He said that a bond would be required in the amount of $2900 in order to renovate the site and that Mr. Brooks had indicated he would bear the cost of the bond. He said that staff would like to obtain an easement from Mr. Brooks for a trail across his property and a riparian easement on a portion southerly of the creekbed to provide protection for the future and noted the proposed easement had not initially been included in staff 's discussions with Mr. Brooks over site restoration. Kenneth Brooks referred to his written communication to the Board in which he explained his actions for the grading work, noted there is great demand from the public for the trail , and he would have to consider and discuss the possibility of donating an ease- ment to the District. Carolyn Lekberg, a member of the Midpeninsula Trails Council , read a letter from the Council ' s Trails Committee which said this trail across Mr. Brooks ' property is the only viable alignment that ex- ists to connect the Fremont Older Open Space Preserve with the Picchetti Open Space Preserve, and encouraged the District to obtain the easement from Mr. Brooks. D. Wendin stated that staff should be directed to investigate the whole issue of the trail , its reconstruction on both properties, the question of the easement, and work out an equitable solution with Mr. Brooks. He noted that if Mr. Brooks is not accommodating, staff could return to the Board for further instructions. University Ave. at 9 : 00 a.m. April 27-28 , Saturday-Sunday: WILDFLOWER SHOW, 10 : 00 am to 4 : 00 pm. at Foothill College, 12345 El Monte Road, Los Altos Hills. Meeting 85-13 Page five E. Shelley said it would be important before proceeding with recon- struction of the trail to ascertain first whether or not there would be an easement through the adjoining County Park property since a deadend trail could exist. He said it is necessary to see the whole trail plan before proceeding. Motion: R. Bishop moved that this matter be continued to a future date and that it be placed on the agenda after staff has reached a point of agreement with Mr. Brooks. The motion was seconded by H. Turner. Motion to Amend.: E. Shelley moved to amend the motion to direct staff first come back to the Board with a proposed change to the Use and Management Plan before coming back with a tentative agreement with Mr. Brooks . The motion to amend died for lack of a second. Discussion: D. Wendin stated he would support an amended motion if it were made clear that consideration of the Use and Management Plan was simultaneous with working out a tentative agreement with Mr. Brooks . Motion to Amend: E. Shelley moved to amend the motion to direct staff to return to the Board with a recommended change in the Use and Management Plan, including the inclusion of a trail relative to the County Park, simultaneously with the tentative agreement with Mr. Brooks. H. Turner seconded the motion. Discussion: Mr. Brooks said he had already agreed to the plan as designed by staff, with the exception of the dona- tion of the easement, and would like to see the plan as outlined be approved as soon as possible. E. Shelley clarified that the intent of his motion was that a publicly useful trail was created. He said he wanted reasonable assurance that the trail would pass through the County Park. Barbara Beroney, Mountain View, said that the trail in question from the Stevens Creek Ranch goes right into the Fremont Older trail system and could be used right away; she said the easement might have to be tucked away for use later. D. Wendin said he did not favor the proposed amendment because the Use and Management Plan already adequately covers the issue. He suggested going ahead with the ori- ginal motion with the exception of asking staff for a status report on discussions with the County over the trail easement. He said there is a situation that needs to be remedied and that the District could not wait for a deci- sion from the County. The motion to amend failed on the following vote: Ayes - E. Shelley and N. Hanko. Noes - K. Duffy, R. Bishop, T. Henshaw, H. Turner, and D. Wendin. D. Wendin said he wanted to be sure that the original motion does two things : 1) includes a status report on Meeting 85-13 Page six current negotiations with the County, and 2) that negoti- ations include proper construction of the trail on the prospective easement, not just on District land. R. Bishop stated that he accepted these two provisos as part of the motion. The motion was passed 7 to 0 . T. Henshaw directed staff to return the matter to the Board at the June 5 meeting , and that this would be the first reading of the item. She said the Board would determine at the June 5 meeting whether a second reading was required. C. Consideration of Public Negotiations for Possible District Interest in Quinta Ranch (Lands of Bullis) (Memorandum M-85-86 of May22 , 1985) C. Britton reviewed the four possible options presented in the memorandum: 1) to find that staff has fairly represented the Board' s position and return the matter to staff for further negoti- ations if requested by Mr. Bullis; 2) conclude that the negotiations are at an impasse and close the file; 3) place possible acquisition of part or all of this property on a future agenda, but not to nego- tiate publicly on price and terms; or 4) to negotiate publicly with Mr. Bullis on price and terms . Richard Bullis, Star Route 2, Box 310 , La Honda, discussed his dealings with the District staff and C. Britton, in particular, regarding the possible sale of Quinta Ranch to the District. D. Britton discussed some of his negotiations with Mr. Bullis. H. Grench said that, should the Board decide to have staff continue the negotiations, he would see that someone else is assigned to the negotiations if Mr. Bullis does not desire to negotiate with C. Britton. R. Bishop told Mr. Bullis that, after reviewing all the correspon- dence included in the packet, he believes that C. Britton has given the Board accurate reports of conversations with Mr. Bullis and that Mr. Bullis had been given accurate statements of the Board' s discus- sions on the property. He said his own objectives in negotiating with Mr. Bullis on behalf of the District would be to acquire the rights Mr. Bullis has along Old Page Mill Road and, secondly, to pay Mr. Bullis a fair consideration for the development rights on his undeveloped property. R. Bishop stated his objections to conducting negotiations in public because it is not feasible and business with Mr. Bullis should not be conducted in a different manner than with other property owners. H. Turner and K. Duffy spoke in favor of C. Britton continuing to negotiate for the property. Motion: E. Shelley moved that the Board adopt Recommendation Num- ber One stating that after reviewing the background mater- ial and recalling previous Closed Session discussions on possible acquisition of this property, the Board find that District staff has fairly represented the Board ' s position and return the entire matter to staff for further negotiations if requested by Mr. Bullis . H. Turner seconded the motion. Meeting 85-13 Page seven Discussion: N. Hanko stated that she felt C. Britton had presented both the Board 's and Mr. Bullis ' s sides accu- rately and that she favors the idea of an easement of some type on Old Page Mill Road and said that an open space easement on much of Mr. Bullis ' s property would be an asset to the District. She said that Mr. Bullis could retain a life estate on the buildings , noting that the property with the buildings is too expensive. R. Bullis agreed with R. Bishop that the developed area of his property would not be appropriate for purchase by the District and suggested that thought not be given to the six acres of developed land but to the 50 acres of unde- veloped land. R. Bullis said he preferred recommendation three or four and said he did not wish to negotiate with either C. Britton or H. Grench. T. Henshaw noted that continued negotiations would be at Mr. Bullis ' s request. The motion passed 7 to 0 . D. Initial Implementation of Administrative Study (Report R-85-26 of May 22, 1985) Motion: D. Wendin moved that this item be continued to the June 5 meeting. R. Bishop seconded the motion. The motion passed 7 to 0 . IX. INFORMATIONAL REPORTS D. Hansen reported that the grading permit had been issued for Hassler. X. CLAIMS Motion: E. Shelley moved the adoption of the revised claims 85-10 dated May 22, 1985. The motion was seconded by H. Turner. The motion passed 7 to 0. XI . CLOSED SESSION S. Norton stated the Hassler bond would be discussed during the litiga- tion portion of Closed Session in response to a request from D. Wendin. The Board convened to Closed Session at 10 : 00 p.m. XII . ADJOURNMENT The Board reconvened to adjourn at 12 : 05 a.m. , Thursday, May 23 , 1985 . Doris Smith Secretary