HomeMy Public PortalAbout19851211 - Minutes - Board of Directors (BOD) Meeting 85-32
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
DECEMBER 11 , 1985
MINUTES
I . ROLL CALL
President Teena Henshaw called the meeting to order at 7 : 35 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop
arrived at 7 :41 P.M.
Personnel Present: Herbert Grench, Craig Britton, David Hansen ,
Jean Fiddes , Mary Hale, James Boland, and Doris Smith.
II . APPROVAL OF MINUTES
November 13 , 1985
Motion: E. Shelley moved the approval of the minutes of November 13 ,
1985 . K. Duffy seconded the motion. The motion to approve
the minutes passed 7 to 0 .
November 20 , 1985
Motion: E. Shelley moved the approval of the minutes of November 20 ,
1985 . K. Duffy seconded the motion. The motion passed 5 to 0
with H. Turner and D. Wendin abstaining because they had been
absent from the November 20 meeting.
III . WRITTEN COMMUNICATIONS
D. Smith stated the Board had received the following written communi-
cations:
1) a letter from Harry Haeussler, 1094 Highland Circle, Los Altos ,
dated November 20 , 1985 , recommending that the District provide
for a large increase in the number of rangers employed to insure
adequate patrols of increasing properties;
2) a letter from Ingeborg Kuhn, 315 Stanford Ave. , Palo Alto, dated
November 10 , 1985 stating that she felt signs posted at the Monte
Bello Open Space Preserve were not clear and suggesting that
distance be stated at certain key points;
3) a letter from Jim Warren, 345 Swett Road, Woodside, dated
November 18 , 1985 with a request that he be kept informed of
timely information regarding Board and Committee ruminations on
the issues of eminent domain and community outreach/good neighbor
efforts; he also stated his concerns regarding Version 4 of the
Eminent Domain Committee 's Land Acquisition Policies;
4) an update, dated November 1, 1985 , from the Santa Clara Valley
Integrated Environmental Management Project; and
5) a letter from Harry Haeussler, dated December 5 , 1985 , asking the
Board to cancel the present resolution pertaining to the Brown
Act and the list of property owners and to make identification of
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,He"A.Turner,Daniel G.Wendin
Meeting 85-32 Page 2
real property or properties and the person (s) with whom the Dis-
trict 's negotiator may negotiate in the Board meeting agenda of
the meeting immediately prior to the Closed Session.
The Board directed staff to acknowledge the letters from Ms . Kuhn and
the November 20 letter from Mr. Haeussler. T. Henshaw stated she
would respond to the written communication from Mr. Warren. Staff
advised that the update from Santa Clara Valley Integrated Environmen-
tal Management Project did not require a response from the District.
D. Wendin stated that Mr. Haeussler 's December 5 letter had been pre-
sented at a meeting of the Eminent Domain Policy Committee and that it
was the consensus of the Committee that the letter should be referred
to staff for further analysis and then submitted to the full Board for
discussion as the information received with Mr. Haeussler 's letter
contradicts the interpretation which was received from Senator Keene 's
office. It was the consensus of the Board that Mr. Haeussler 's letter
would be discussed in conjunction with the meeting 's second agenda item.
IV. ORAL COMMUNICATIONS
Linda Newman introduced herself as a reporter from the Los Altos Town
Town Crier. There were no other oral communications .
V. ADOPTION OF AGENDA
T. Henshaw stated that the agenda was adopted by Board consensus.
VI . BOARD BUSINESS
A. Final Adoption of the Revised Use and Manaqement Plan for the
Saratoga Gap Open Space Preserve (Memorandum M-85-169 dated
December 4 , 1985)
D. Hansen advised that no further public comments had been received
since the revised Use and Management Plan for Saratoga Gap Open
Space Preserve was presented at the November 20 Board meeting.
Motion: D. Wendin moved the adoption of the revised Use and Manage-
ment Plan for the Saratoga Gap Open Space Preserve as con-
tained in report R-85-54 . The motion was seconded by E.
Shelley.
Discussion: D. Wendin asked what the timeline was with
regard to the decision concerning the septic system that
services the two rental houses . D. Hansen stated that a
financial analysis had not been completed. C. Britton
said that if the amount for repairs is more than $10 ,000 ,
staff will return to the Board for approval, but if the
repairs are less than $10 ,000 the repairs will be made.
The motion passed 7 to 0 .
B. Scheduling of Board Review of Draft Eminent Domain Policies
(Report R-85-55 dated December 2 , 1985)
D. Wendin reviewed the current draft report from the Eminent Policy
Committee which, he said, was the result of the Board 's last straw
vote . He called attention to some of the important issues to be
considered by the Board which did not have clear consensus from
the Board. These include non-subdividable unimproved properties ,
the small family lot, and the large family lot. He noted that the
Meeting 85-32 Page 3
Committee spent much time in selecting and defining the words in
section 10.
D. Wendin pointed out a new section (section 6) for Board consid-
eration, concerning road access for patrol purposes.
He stated that the eminent domain exemption contracts concept
needed further discussion and that staff will be returning at the
next Board meeting with initial recommendations on publicity of
the policies .
E. Shelley asked if a definition of "development" could be included
under item 10 , Definitions. R. Bishop stated that it was the opin-
ion of the Committee that item f , "clearly threatened by develop-
ment" , was a sufficient definition of the term.
Discussion centered on the location and scheduling of a Board
meeting specifically for public discussion and tentative adoption
of the eminent domain policies .
Motion: H. Turner moved that the Special Meeting be held on
January 15 , 1986 at a facility which is centrally located
and provides sufficient room for the size of the antici-
pated crowd. R. Bishop seconded the motion. The motion
passed 7 to 0 .
D. Wendin asked what instructions the Board wished to give the
Committee on the remaining policy issues , most importantly the
Brown Act, and the disposition of Mr. Haeussler 's letter concerning
the response from Assemblyman Ernest Konyuls office.
Motion: E. Shelley moved that Mr. Haeussler 's letter be sent to
staff without a specific deadline for a report to the
Eminent Domain Committee, and the staff report would be
included with the Eminent Domain Committee 's report to
the Board. N. Hanko seconded the motion.
Discussion: D. Wendin stated his support for the motion
with the understanding that staff contact the legislative
counsel 's office to ascertain the background of the letter
from Assemblyman Konyuls office. The motion passed 7 to 0 .
H. Grench asked if it was the Board 's intention to have this item
on the agenda for the meeting of January 15 . T. Henshaw stated that
the motion did not contain a date. In response to a further ques-
tion from H. Grench regarding the date for the presentation of the
staff report on the publicity question, D. Wendin recommended that
this item be postponed until staff is ready to make its report.
D. Wendin also asked that a special notation be made on the agenda
for the December 18 meeting that the Publicity Plan for the Eminent
Domain Policy will be considered at the Board meeting of January 8 ,
1986 .
C. Proposed Two Phase Planning Process for the Hassler Property
(Memorandum M-85-168 dated November 20 , 1985)
H. Grench discussed the background information which led to the
presentation of the memorandum containing suggestions for a two-
phase planning process for the Hassler Open Space Preserve. M. Hale
showed recent slides of the Hassler site.
H. Grench said the site was opened to the public on October 31
Meeting 85-32 Page 4
and that publicity on the site had been prepared.
D. Hansen reported on his meeting with Don McFarland, the Director
of the Redwood Center located near the entrance to the Preserve.
He said the Center closes the gates at night, and noted that their
main concerns are increased traffic, the need for privacy, and
possible trespass on the treatment site. He stated there was con-
sensus for cooperation in the areas of signing, visual improvement
of the area, and improved access , and said that the Center is very
interested in working with the District in lonq ranqe planninq.
H. Grench reported he met on-site with Margaret Taylor, San Mateo
County 's Health Services Director, and said their discussion cen-
tered on location of trails , especially as they would impact the
Cordilleras Center. He said there was potential for cooperation
with the Health Services Department in locating trails and a fire
road.
H. Grench reviewed the proposed two phases of planning and imple-
mentation noting that a more detailed Use and Management Plan would
be presented to the Board in January or February. He pointed out
possible trail routes and discussed signing for the property.
A discussion ensued on the naming of the Preserve. R. Bishop stated
that, among his constituents, there was no objection to a name
change as Mr. Hassler was unknown in the area.
Beez Jones , 16890 Stevens Creek Road, Cupertino, raised questions
about the use of the CalTrans Park and Ride lot for parking and
whether the fence would be removed at the vista point to allow
access to the Preserve from that location. R. Bishop stated that
the park and ride lot was used lightly on weekends and it might be
possible to receive permission from CalTrans for use at that time.
H. Grench advised that the District is hopeful of working with
CalTrans to get an official public entrance to the Preserve from
the vista point parking lot. He noted that there are federal regu-
lations regarding pedestrian access from interstate highways .
With regard to Phase II of the proposed planning process , H. Grench
pointed out that the proposals listed in the memorandum had been
submitted with the idea of promoting discussion and brainstorming.
He noted that the role of the public advisory committee needs much
careful thought and discussed the role the planning consultant
might have with other public agencies as well as the community.
R. Bishop stated that staff had asked for guidance in trail devel-
opment during Phase I and suggested that the existing trail up the
east canyon be opened to the top of the ridge to provide a loop
trail for long and short hikes and with signs posted to guide
people. He noted that item seven of Phase I lists either the east
or west canyon, and he proposed that the east canyon be selected.
N. Hanko stated that the last sentence of item seven which sug-
gested this trail could be left to Phase II be stricken.
Following discussion of what would be required to implement the
trail route as suggested by R. Bishop, T. Henshaw stated the con-
sensus of the Board that the trail be routed through the east
canyon if permission can be obtained from the City for an access
and that the trail be constructed under Phase One of the planning
process . She also stated that there was Board consensus on
Meeting 85-32 Page 5
Phase I in the staff report. Discussion of Phase II of the report
centered on the item two, the formation of a Public Advisory Commit-
tee . H. Turner said he felt a committee would be a good idea for
the purposes stated in item b and that staff should formulate the
Committee , with the Board having control over the composition of
the Committee. E. Shelley stated that the Board should give the
Committee a specific charge of providing advice on details of the
development of the Hassler site. N. Hanko stated that the Board
could proceed with adopting the Phase II recommendations thus far
and be more specific when the Use and Management Plan is presented
in January or February.
Motion : R. Bishop moved that the Board approve Phases I and II
of the report as modified in the Board 's discussion with
the following qualifications : that the first effort be
the building of the trail in the east canyon that would
run up to the ridge and create a loop trail, if possible ,
and that the trail will be a part of Phase I and not part
of Phase II ; the approval of Phase II is to include the
concept of having a Public Advisory Committee, the make-up
of the Committee to be finalized after consideration of
the Use and Management Plan for Phase I . The motion was
seconded by H. Turner. The motion passed 7 to 0 .
D. Serialization of Note Held By Alan Hosking (Memorandum M-85-170
dated December 6 , 1985)
C. Britton advised that Stone & Youngberg had found a buyer for
the entire principal amount of $750 ,000 but that the buyer re-
quested that the notes be serialized with each note maturing in a
subsequent year over a period of ten years. He stated that Mr.
Hosking had agreed to pay all costs associated with the reissuing
of the notes and was willing to perform certain site security and
improvement projects as indicated on Exhibit A.
Motion: R. Bishop moved that the Board approve the reissue of the
$750 ,000 Hosking note into ten notes each maturing in
successive years until 1994 , approve the sale of these
notes by Stone and Youngberg as proposed, and authorize
the Board President and Secretary to execute the ten
replacement notes as required by law. N. Hanko seconded
the motion. The motion passed 7 to 0 .
VII . INFORMATIONAL REPORTS
H. Grench reported he and S. Norton attended a meeting of Santa Clara
and San Mateo LAFCO 's to discuss changes in the LAFCO law. He stated
that the only changes in the law which would affect the District are
minor and technical in nature.
H. Grench reported on a contribution to the District from Mr. Walter
Girdlestone of San Carlos . He stated that Mr. Girdlestone had given
contributions to the District of $200 each year for the past four
years , and his contribution this year was in the amount of $300 . R.
Bishop stated he would personally like to thank Mr. Girdlestone .
D. Hansen gave an up-date on the use of a radar gun on Skyline Boule-
vard per discussions at a recent meeting at the Saratoga Summit Fire
Station.
Meeting 85-32 Page 6
VIII . CLAIMS
Motion : R. Bishop moved approval of Revised Claims 85-24 . H. Turner
seconded the motion. The motion passed 7 to 0 .
IX. CLOSED SESSION
H. Grench announced that litigation matters to be discussed in Closed
Session fell under subdivision (b) (1) of Government Code Section
54956 . 9 . The Board adjourned to Closed Session at 9 :05 P.M.
X. ADJOURNMENT
The Board reconvened to adjourn at 11 :01 P .M.
Doris Smith
Secretary