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HomeMy Public PortalAbout19851211 - Minutes - Board of Directors (BOD) Meeting 85-32 Oki RA*_ 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