HomeMy Public PortalAbout19860226 - Minutes - Board of Directors (BOD) Meeting 86-05
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
FEBRUARY 26 , 1986
MINUTES
I. ROLL CALL
President Edward Shelley called the meeting to order at 7 : 39 P .M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Harry Turner.
Member Absent: Richard Bishop.
Personnel Present: Craig Britton, David Hansen, Jean Fiddes,
Mary Hale, Stanley Norton, James Boland, and Cecilia Cyrier.
II . APPROVAL OF MINUTES
Motion: H. Turner moved the approval of the minutes of February 12 ,
1986 . K. Duffy seconded the motion.
Discussion: Beez Jones, 16891 Stevens Canyon Road, Cupertino,
referring to the motion at the top of page 3 asked if the tour
of preserves for San Mateo County Board of Supervisors was
to be delayed until the first half of 1988. J. Fiddes said
that the year should be 1987 .
The motion to approve the corrected minutes passed 5 to 0
with T. Henshaw abstaining because she was absent from that
meeting.
III . WRITTEN COMMUNICATIONS
C. Cyrier stated the Board had receivedithe following written communica-
tions:
1) a note from Lennie Roberts, dated February 9 , 1986 , thanking the
Board of Directors for the Resolution of Appreciation bestowed
upon her for her work on environmental issues;
2) a letter from Edwin A. Kennedy, 20520 Leonard Road, Saratoga,
dated February 11 , 1986 , expressing his appreciation for the
courteous and enthusiastic manner by which Ranger Dennis Danielson
shared his knowledge of the District; and
3) a petition signed by seven individuals stating that eminent domain
for trails should not be used on homeowners living on unsubdivid-
able lots.
Staff was directed to acknowledge and respond to Lennie Roberts ' note
and Edwin Kennedy' s letter.
Herbert A.Grench,Genera;Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 86-05 Page two
E. Shelley stated that the petition on use of eminent domain for
trails would be discussed in relation to the first item on the agenda.
A letter from Candance Stone, Rt. 2 , Box 336 , La Honda, delivered at
the District office to Director Shelley was distributed. It urged
that the Board exempt single family lots from eminent domain for trail
use. E. Shelley indicated the letter would be considered under the
first item on the agenda.
IV. ORAL COMMUNICATIONS
Candace Stone reported that she had not received notice through the
mail for this evening' s meeting. J. Fiddes stated a notice had been
mailed and confirmed Ms. Stone' s address.
Charles Touchatt, P.O. Box 254 , Redwood City, stated that he had
additional copies of the petition containing over 100 signatures
stating that eminent domain for trails should not be used on home-
owners living on unsubdividable lots. E. Shelley asked that for the
record the additional petitions be given to the Clerk.
V. ADOPTION OF AGENDA
E. Shelley stated the agenda was adopted by Board consensus.
VI . PUBLIC HEARING
A. Final Report - Eminent Domain -- Ordinance Adopting Policies
Regarding Use of Eminent Domain (Report R-86-15 dated February 18 ,
1986)
E. Shelley explained the procedure that would be followed in dis-
cussing and acting upon this agenda item. D. Wendin stated that
the changes as adopted at the Special Meeting of January 15 were
depicted in bold face type and underlined in the Board report.
N. Hanko stated that she had some changes to recommend in the
report and that the first dealt with an addition to Item 1, Improved
Property, Not Subdividable that stated "provided that any property
from which a trail easement is being considered must be larger
than 40 acres in size or must have a common boundary with a public
highway for the entire length of the trail easement. " She said
she could not delete totally the use of eminent domain from trails
from the policy because of one parcel in the Skyline area.
H. Turner indicated he too was in favor of the concept of parcels
40 acres or less in size being exempt when trails are being
considered.
E. Shelley stated he was never in favor of a specific acreage
limitation and therefore would not be in favor of the change.
K. Duffy said that the policy should not be based on a specific
case and that the policy should remain as currently presented.
Meeting 86-05 Page three
D. Wendin said he too was in favor of retaining the policy as
presented.
T. Henshaw said she would be supporting N. Hanko' s recommendation.
N. Hanko said that she would also like to delete Item 5d in the
Trails section which reads " . . . the owner shall have the oppor-
tunity to designate any additional portions of his/her land which
may be included by the District in the acquisition, " since she
felt it did not say anything because of the use of the word "may" .
D. Wendin said that as stated, Item 5d is a directive to staff
to negotiate in good faith and it is non-binding.
N. Hanko then proposed a new first sentence to Item 9 - Publicity
stating that any changes in the Ordinance in the future would be
publicized as required. D. Wendin said the intent of the first
sentence is that the policy once adopted by Ordinance would be
publicized when the brochure and other related materials are
available to the public. N. Hanko subsequently withdrew her
recommended change.
N. Hanko stated that to Item 9 - Definitions, Part f, Clearly
Threatened by Development, she would like to remove the phrase
. . . but not be limited to. She said that the Board needs
to be up front and state specific aggressive action that might
be used. D. Wendin, K. Duffy and E. Shelley said they could not
support the policy if the phrase was left out.
H. Turner said that he would like to advocate deleting the under-
lined portion of Item 3 - Improved, Subdividable Property which
reads " . . or if more than 50% of the fee interest of the prop-
erty is held by institutional or commercial entities" ; all of
Item 3a which reads, "if 50% or less of the fee interest of the
property is held by institutional or commercial entities, the
improvements and appurtenant structures , and surrounding lands
of no less than minimum lot size under the existing zoning
district, shall be exempt" ; and the underlined portion of Item 4 -
Unimproved, Subdividable Property which reads the same as Item 3.
He said these exceptions go against the established policy of
encouraging private open space preservation and that he does not
see why a commercial or institutional owner should be treated as
inferior in terms of its ability to preserve private open space.
N. Hanko stated her experiences with commercial and institutional
ownership is that open space is only a temporary use and that
the policy should remain as stated.
E. Shelley said he could not support H. Turner' s position and
D. Wendin said he supports making the distinction.
Meeting 86-05 Page four
E. Shelley asked for clarification of a portion of the third
paragraph of the introduction pertaining to contents of the
brochure which reads , " . . . include information on the use of
arbitration, open space easement and contracts. . . " D. Wendin
responded that the reference to contracts did not refer to the
previously talked about eminent domain contracts that were no
longer under discussion.
Motion: D. Wendin moved that the Board adopt ordinance 86-1 ,
an Ordinance of the Board of Directors of the Midpeninsula
Regional Open Space District Adopting Policies Regarding
Use of Eminent Domain as presented by the Committee with-
out change. E. Shelley seconded the motion.
Discussion: N. Hanko asked what the required votes were
for passage of the Ordinance and amendments. S . Norton
said that four votes were necessary for each.
E. Shelley opened the Public Hearing at 8 :20 P.M.
Janet Schwind, 11825 Skyline Blvd. , Los Gatos; Candace Stone,
Rt. 2 , Box 336 , La Honda; William Obermayer, 3200 Long Ridge Road,
La Honda, Harry Haeussler, 1094 Highland Circle, Los Altos, and
Frank Nemec, 16800 Bohlman Road, Saratoga, spoke against the use
of eminent domain in any manner. Paul Storassli , 22400 Skyline
Blvd. , Box 9 , La Honda; Beez Jones, 16891 Stevens Canyon Road,
Cupertino; Janet Schwind; Candace Stone; William Obermayer;
Larry Hassett, 22286 Skyline Blvd. , La Honda; Paul Meeko, 18556
Aspesi, Saratoga; and Nat Sherrill , P.O. Box 620050 , Woodside,
spoke against the use of eminent domain for the purpose of
acquiring property for the development of a trail system. Beez
Jones and Candace Stone spoke in support of H. Turner' s advocating
the deletion of the statements in the policy relating to restric-
tions placed upon commercial and institutional entities holding
interest in property.
E. Shelley closed the public hearing at 8 : 45 P.M.
Motion to Amend: N. Hanko moved that Item 1 - Improved Property
Not Subdividable be amended as outlined in her memo
distributed at the meeting. T. Henshaw seconded the
motion. The motion to amend failed to pass by the
following vote:
Ayes: N. Hanko, T. Henshaw, and H. Turner.
Noes: K. Duffy, E. Shelley, and D. Wendin.
Motion to Amend: N. Hanko moved to amend the motion by deleting
the words "but not be limited to" in Item 9f - Defini-
tions, of her memo. The motion to amend died for lack
of a second.
Meeting 86-05 Page five
Motion to Amend: H. Turner moved to amend the motion by deleting
the bold underlined portion of Item 3 , deleting the entire
Item 3a, and deleting the bold underlined portion of
Item 4 . T. Henshaw seconded the motion.
Discussion: E. Shelley clarified that this motion to
amend would eliminate the different treatment of com-
mercially and institutionally held properties from
privately held properties.
E. Shelley reopened the public hearing.
Larry Hassett and Paul Meeko stated they felt the full Board
should be present to vote on the amendments being proposed.
E. Shelley closed the public hearing.
The motion to amend failed to pass by the following vote:
Ayes : H. Turner and T. Henshaw.
Noes: K. Duffy, E. Shelley, D. Wendin, and N. Hanko.
Discussion centered on the advisability of N. Hanko' s proposed
amendments being referred to Committee for further study, and
the tabling of the motion to adopt the Ordinance until all seven
Board members were present.
Motion to Table Main Motion: T. Henshaw moved that the main
motion lie on the table until the Committee had an
opportunity to consider the matter regarding the trails
amendment and a full Board is in attendance. H. Turner
seconded the motion.
Discussion: The Board members discussed the advisability
of referring the proposed amendment relating to trails
back to the Committee for further study.
T. Henshaw stated that it was her intent in making the
motion to table the question to have discussions focus
on the trails section of the policies when the item was
returned to the Board.
C. Britton reported that it seemed advisable to schedule
this item for the second Regular Meeting in April
assuming all Board members would be present since the
office move was tentatively scheduled for the early part
of April .
The motion to let the question lie on the table passed
6 to 0.
E. Shelley called a recess at 9 : 00 P.M. and reconvened the meeting
at 9: 12 P.M. N. Hanko was absent from the remainder of the meeting.
Meeting 86-05 Page six
VII . UNFINISHED BUSINESS
A. Mid-Year Program Evaluation for 1985-1986 and Setting of Priorities
for 1986-1987 (Memorandum M-86-19 dated February 14 , 1986 and
Report R-86-13 dated February 5 , 1986)
C. Britton reviewed the 1985-1986 Key Projects and Activities for
the Open Space Acquisition Program stating they were the same for
1986-1987 except that he anticipated completion of the Mt. Umunhum
purchase by the end of March. He indicated that at the time of
the Action Plan review there would be a new key project and
activity pertaining to the implementation of the new acquisition
policies. In response to D. Wendin' s questions concerning the
brochure being discussed in connection with the eminent domain
policy, C. Britton responded that it would be under the responsi-
bility of the Public Communications Program for writing and pub-
licity, with input coming from staff and final approval by the
Board.
D. Hansen reviewed the Planning , Design and Development Subprogram
Key Projects and Activities for 1985-1986 and indicated there had
been consolidation within the Key Projects and Activities for
1986-1987.
Charles Touchatt asked if review and update of the Master Plan
would be a main, key issue in the 1986-1987 Action Plan. In
response, D. Hansen said the completion and update of the District
Master Plan in cooperation with the Public Communications Program
was a key project for next year within his program, contingent
upon current policy discussions.
C. Britton said that an outside consultant would be hired to
assist with the project which will include workshops for public
involvement. He said it seemed unrealistic to expect the Master
Plan to be completed by the end of this calendar year as it was
not to be in the budget until July 1 , 1986 .
Motion: D. Wendin moved that staff prepare a process schedule
for the Master Plan for presentation at the March 26
Regular Meeting. K. Duffy seconded the motion. The
motion passed 6'to 0 .
J. Fiddes indicated the Key Project and Activity for the General
Management and Program Support Program, dealing with the election
had been amended to include familiarization of any new Directors
with the District' s activities.
Motion: K. Duffy moved that the Board accept the program evalua-
tion presented for the first part of fiscal year 1985-1986
and that it tentatively adopt the Key Projects and
Activities for 1986-1987 for the Open Space Acquisition,
Open Space Management, and General Management and Program
Support Programs. T. Henshaw seconded the motion. The
motion passed 5 to 0 .
0
Meeting 86-05 Page seven
B. Proposed Changes to Rules of Procedure Concerning District Holidays
and Recitation of Pledge of Allegiance (Memorandum M-86-18 dated
February 13, 1986 and Memorandum M-86-13 dated January 27 , 1986)
J. Fiddes reviewed Section 1 . 90 wherein Martin Luther King Jr. Day
was substituted for Lincoln' s Birthday in the list of District
holidays based on previous Board action.
T. Henshaw reviewed Section 1 . 42 relating to the Pledge of
Allegiance recitation at the first meeting in January and July.
She said she was recommending that the Pledge of Allegiance be
recited only at the first meeting in July.
Motion: T. Henshaw moved that the Board adopt the third version
presented in the staff report and Resolution 86-15 ,
a Resolution of the Midpeninsula Regional Open Space
District Amending the District' s Rules of Procedures .
H. Turner seconded the motion. The motion passed 5 to 0.
VIII. BOARD BUSINESS
A. Request to Fill Certain Open Space Management Staffing Positions
in Conjunction with Open Space Management Five Year Staffing
Master Plan (Memorandum M-86-22 dated February 20 , 1986)
D. Hansen stated that following the lengthy discussion of the open
Space Management Five Year Staffing Master Plan at the last meeting
he was now requesting approval to create and fill an Administrative
Assistant-Open Space Management position and three Supervising
Ranger positions, the addition of the ninth Ranger position, and
the purchase of an additional vehicle. D. Wendin stated that the
Board should approve the fourth Range Aide position mentioned in
the previous report since it was an additional temporary position
and that it was important to clarify that the three Super-
vising Ranger positions would not add three new employees to the
staff.
Motion: D. Wendin moved that the Board approve the recommendations
in staff report M-86-22 with the clarification that the
fourth Ranger Aide position is being approved and that
the three Supervising Ranger positions replace the current
three Lead Ranger positions. K. Duffy seconded the motion.
The motion passed 5 to 0 .
B. Proposed Jamison and Mazor Property Additions to Sierra Azul Open
Space Preserve, Mt. Umunhum Area (Report R-86-17 dated February
20 , 1986)
C. Britton using the wall map indicated where Hicks Road, Highway
17 , and the Mt. Umunhum. Road were located in relation to the two
80 acre properties. He stated that the terms of the Jamison pur-
chase agreement called for a purchase price of $136 ,000 ($40, 800
in cash at close of escrow with the balance of $95 ,200 over 10 years
at 7 percent interest) and that the Mazor purchase agreement requires
an all cash payment of $142 ,500 at close of escrow.
Meeting 86-05 Page eight
D. Hansen reviewed the use and management recommendations and
indicated that in order to lessen the illegal activities occurring
at the flat pullout north of the gate at the Lin property
boundary, the District will install a rail and pipe gate parallel
to the road. He also indicated that planning for public use of
the properties will be included at the time of the master planning
for the entire area after acquisition of Mt. Umunhum.
Motion: K. Duffy moved that the Board adopt Resolution 86-16 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of
Jamison. H. Turner seconded the motion. The motion
passed 5 to 0.
Motion: K. Duffy moved that the Board adopt Resolution 86-17 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of
Mazor) . H. Turner seconded the motion. The motion
passed 5 to 0.
Motion: K. Duffy moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the report, including naming the properties as addi-
tions to the Sierra Azul Open Space Preserve, Mt. Umunhum
Area, and indicate its intention to withhold the proper-
ties from dedication. H. Turner seconded the motion.
The motion passed 5 to 0.
C. Proposed Eilertsen Property Addition to Sierra Azul Open Space
Preserve (Kennedy Road Area (Report R-86-16 dated February 20 , 1986)
C. Britton stated that this acquisition was somewhat different in
light of the fact that the 125 acre property is within the Town
limits of the Town of Los Gatos. He said that Director Duffy and
he had met several times with Town officials and that the Town
has tentatively approved participating in the project and would
contribute half the cost of the property plus out-of-pocket costs
up to $125 , 000 . He noted that since this cooperative project
requires a Joint Powers Agreement to be approved by the Town and
and Board, and due to the fact that the option to purchase expires
on March 1 , he was recommending that the Board approve the pur-
chase at this time. He noted that if the Board voted to acquire
Meeting 86-05 Page nine
the property and if the Town of Los Gatos subsequently decided
not to participate in the purchase, the District would be solely
responsible for the purchase. He reported that the total pur-
chase price would be $225 ,000 with a down payment of $70 ,000 at
close of escrow and the balance payable over 5 years at 7 percent
tax-free interest.
D. Hansen reviewed the use and management recommendations and
indicated that the opening of Blackberry Hill Road would come
after the motorcycle problem in the Kennedy Road area is
resolved. He noted staff was recommending dedication of the
property.
Motion: K. Duffy moved that the Board adopt Resolution 86-18 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement, 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 (Sierra Azul Open Space Preserve - Lands of
Eilertsen) . T. Henshaw seconded the motion. The motion
passed 5 to 0 .
Motion: K. Duffy moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations con-
tained in the report, including naming the property as
an addition to the Sierra Azul Open Space Preserve,
Kennedy Road Area, and indicate its intention to dedicate
the property. T. Henshaw seconded the motion. The
motion passed 5 to 0 .
D. Notice of Extension of Option for the Hosking Property (Memorandum
M-86-20 dated February 19 , 1986)
C. Britton reviewed the procedure for extending the option for
purchase of the balance of the Hosking property.
Motion: E. Shelley ,moved that the Board approve the extension
of the option of the Hosking property and direct the
General Manager to notify the owner of the District' s
intent. T. Henshaw seconded the motion. The motion
passed 5 to 0.
E. Request to Use Words "Open Space" in Special Typeface as Substitu-
tion for Leaf Design (Memorandum M-86-21 dated February 18 , 1986)
M. Hale stated that, due to move to the new office location and
need for printing of stationery and other materials that include
the District' s address , it seemed an appropriate time to redesign
the current logo to reflect more accurately the District' s open
space image. She said she was asking for adoption of the words
"Open Space" on all printed materials and the deletion of the
leaf design effective immediately to allow for printing before the
move to the new office.
Meeting 86-05 Page ten
Motion: T. Henshaw moved that the Board adopt the words "Open
Space" as the District' s official graphic design element
to appear on all stationery, business cards , Board agenda
materials, publications, and other official documents
and forms. H. Turner seconded the motion.
Discussion: D. Wendin, E. Shelley and H. Turner expressed
their views on the importance of a logo and said they
could not support the use of "Open Space" in lieu of
the leaf design at this time. They said that further
study needed to be done before proposing a change in
the current logo.
Motion to Amend: K. Duffy moved that the leaf design be included
as a feature along with the words "Open Space. " The
motion died for lack of a second. The main motion failed
to pass on the following vote:
Ayes: K. Duffy and T. Henshaw.
Noes: E. Shelley, H. Turner, and D. Wendin.
H. Haeussler, C. Touchatt, and S. Touchatt spoke in favor of
retaining the current logo.
C. Britton said that change in the logo would be included in the
Public Communications Programs 1986-1987 proposed Action Plan.
IX. INFORMATIONAL REPORTS
C . Britton stated that the San Mateo County Civil Grand Jury was
conducting a study on the District and distributed a copy of their
letter and the District' s response along with a chart depicting
features of the various Preserves which was provided to the Grand
Jury along with other materials requested.
D. Hansen stated that District Rangers had assisted Portola Heights
residents with the clearing of a downed tree during the recent storm.
Discussion focused on the inability of Portola Heights residents
to use the school road as an emergency exit during the height of the
recent storms. Charles and Sandra Touchatt stated that a second lock
had been placed on the gate during the storm and asked for a clarifi-
cation of this turn of events. E. Shelley directed staff to report
back to the Board as to when and why the second lock had been put on
the school road gate and by whom.
D. Hansen reported that the survey work done by Santa Clara County to
locate the missing section corner on the Novitiate property was in
process and that the completion date for the fence project would
probably be near the end of March.
D. Hansen reported on storm damage on District property.
Meeting 86-05 Page eleven
D. Hansen announced that a new docent training program begins on
Thursday, February 27.
D. Wendin asked that the item pertaining to the eminent domain trails
amendment be added to the agenda of the Land Acquisition Policy Com-
mittee meeting scheduled for Wednesday, March 19 , 1986 at 7 : 30 P.M.
at the District office and that the long eminent domain notification
list be informed of the addition.
E. Shelley stated he was asked to be an honorary co-chair of the
Taxpayers for Fair Responsibility Initiative and that he accepted
the position since the Board supported this initiative.
X. CLAIMS
Motion: D. Wendin moved the approval of Revised Claims 86-04 .
E. Shelley seconded the motion. The motion passed 5 to 0 .
XI . CLOSED SESSION
S. Norton announced that brief litigation matters to be discussed in
Closed Session fell under subdivision (b) (1) and (b) (2) of the
Government Code Section 54956 . 9. The Board recessed to Closed Session
at 10: 35 P.M.
XII . ADJOURNMENT
The Board reconvened to adjourn at 11 :32 P.M.
Cecilia A. Cyrier
Secretary
AL
CORRECTIONS TO THE MINUTES OF FEBRUARY 26 , 1986 MEETING
APPROVAL OF MINUTES
Motion: H. Turner moved the approval of the minutes of February 26,
1986. D. Wendin seconded the motion.
Discussion: N. Hanko noted she had not been present to
vote on the first motion on page six, and therefore the
vote had been 5 to 0 rather than 6 to 0.
The motion approving the corrected minutes I passed 5 to 0.
R. Bishop was not present for the vote.