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HomeMy Public PortalAbout19860326 - Minutes - Board of Directors (BOD) Meeting 86-01 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Building C, Suite 135/201 San Antonio Circle Mountain View,CA 94M/(415)949-55M REGULAR MEETING BOARD OF DIRECTORS MARCH 26 , 1986 MINUTES I . ROLL CALL Vice President Daniel Wendin called the meeting to order at 7 :35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, Harry Turner, and Richard Bishop. Member Absent: Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen , Jean Fiddes , Mary Hale , Stanley Norton, Del Woods , James Boland, Cecilia Cyrier, and Doris Smith. APPROVAL OF MINUTES March 12 , 1986 D. Wendin requested that Senate Bill 1717 , the California Agricul- tural, Natural, and Park Lands Conservation Bond Act , referred to on page 7 , item F, be identified by name and not solely by number. Motion : K. Duffy moved the approval of the minutes of March 12 , 1986 with D. Wendin 's correction. H. Turner seconded the motion. The motion passed 6 to 0 . WRITTEN COMMUNICATIONS D. Smith stated that the Board had received the following written communications : 1) a letter dated March 12 , 1986 from Harry H. Haeussler, Jr. , 1094 Highland Circle, Los Altos , urging the Board to include greater development of open space in budget considerations ; and 2) a letter from Christine Fessler, of the Crippled Children 's Society, regarding their request to construct a riding ring on a portion of the Monte Bello Open Space Preserve. H. Grench advised that a draft response for each letter was attached for the Board ' s consideration. H. Haeussler stated that he did not expect an answer to his letter since it was intended to be an infor- mational item to the Board. N. Hanko requested the reference to Phase I of the Skyline Ridge open Space Preserve Master Plan be de- leted from the response to Mr. Haeussler. D. Wendin directed that the draft responses be sent, and he stated that it was the consensus of the Board to strike the reference to Phase I of the Skyline Ridge Open Space Preserve Master Plan from paragraph three of the letter Meeting 86-07 Page 2 to Mr. Haeussler. D. Wendin noted that an agenda item concerning the riding ring at the Monte Bello Preserve would be considered at the April 9 Regular Meeting. IV. ORAL COMMUNICATIONS Charles Touchatt, 3200 Long Ridge Road, La Honda, presented the Board with 116 more signatures on the petition opposing the use of eminent domain for trails . D. Wendin asked if those asked to sign the petition were being shown the proposed policies regarding trails , and C. Touchatt replied that he did not know. Harry Haeussler, 1094 Highland Circle, Los Altos , said that he had ridden his horse to Black Mountain and he expressed his appreciation for the maintenance work which had been accomplished on the trails . Robert Fisse , Treasurer of the South Skyline Association, urged the Board to support San Mateo County Supervisor Tom Nolan 's proposed ordinance banning the sale and use of fireworks in unincorporated areas of San Mateo County. William Obermayer, 3200 Long Ridge Road, La Honda, asked that the topics of informational reports be listed on the agenda or stated at the beginning of a Board meeting so that members of the public would know what the reports would be. D. Wendin noted that no action could be taken on informational report items and that the minutes reflect what subjects were discussed. D. Wendin stated that the Board would think about Mr. Obermayer 's request. Mr. Obermayer also stated that he was confused about the District 's use of eminent domain inside and outside the District 's boundaries , and within the District 's Sphere of Influence. N. Hanko requested that Mr. Obermayer put his ques- tions in writing to the Land Acquisition Policy Committee to be con- sidered and answered. Candace Stone , 22500 Skyline Boulevard, La Honda, asked where she could find laws regarding the use of eminent domain. She was advised to present her request in writing to the Land Acquisition Policy Committee for response. V. ADOPTION OF AGENDA D. Wendin stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Second Reading of Revised Skyline Ridge Open Space Preserve Use and Management Plan (Memorandum M-86-30 of March 26 , 1986) D. Woods said that the amendment calling for the initiation of a fisheries monitoring program to be conducted in fiscal year 1986- 1987 was added as item 10 in the Use and Management Plan Summary chart attached to the staff report. He also discussed the analy- sis of the effects of moving the Horseshoe Lake restoration project forward to fiscal year 1986-1987 , and he noted the reasons staff felt the major portion of the project should remain sched- uled in 1987-1988 . N. Hanko stated that she was pleased that the fisheries study was being moved forward and asked that she be kept informed of the consultant 's findings . Meeting 86-07 Page 3 Robert Fisse , referring to Item 21 on the planning study for the Historical Society proposal , stated he had discussed the matter with Tony Look of Sempervirens Fund, and their joint study will commence soon. He was directed to contact D. Hansen as soon as he and Mr. Look had completed their discussions . In response to a question from William Obermayer regarding the taking of water quality samples from Peter 's Creek, D. Hansen stated the monitoring process had not yet been started. Motion: H. Turner moved that the Board adopt the Revised Use and Management Plan for Skyline Ridge Open Space Pre- serve as contained in report R-86-18 and as amended in memorandum M-86-30 . N. Hanko seconded the motion. The motion passed 6 to 0 . B. Long Ridge School Road Agreement (Memorandum M-86-31 of March 20 , 1986) D. Hansen reviewed the staff report and noted that renewal clause (Item 6 of the proposed agreement) was a major item of concern of the Portola Park Heights residents . D. Wendin noted that two issues of concern had been expressed by the Portola Park Heights residents : 1) The residents ' concern that by signing the letter they would be forfeiting their road rights ; and 2) the lack of permanence in Item 6 . William Obermayer stated his objections to the proposed agreement, stated that the road had been open to the public since 1968 , and made suggestions on changing Items 1, 2 , 5 and 6 . Charles Touchatt stated that it is crucial that an equitable agreement be reached between the District and neighbors providing for an emergency exit. He said that he would not sign the present agreement as long as Item 6 remained in the agreement. Candace Stone suggested that residents be allowed to put their own lock on the gate and sign a hold harmless document. Sandra Touchatt stated she disagreed only with Item 6 . Discussion centered on the permanence of the agreement and the effects upon the District of such an agreement. R. Bishop stated that he felt it was the Board 's intent to allow the agreement to be renewed automatically, but that the Board could not say that the agreement would be per- manent because property rights are involved. T. Henshaw stated that the concern of the District was individual abuse, not abuse by the residents as a whole. She suggested that if the agreement could be rewritten to deal with the individual, rather than the group, it would answer the legitimate request of the neighbors . Robert Fisse suggested the reference to termination be deleted from the agreement since it was one-sided in the District 's favor and that the District give the residents 90-days notice regarding a change in the agreement. D. Wendin stated that one problem with Item 6 was the absolute discretion on the District 's part to terminate an agreement and that he was reluctant to have an agreement that is forever open- ended because the District, as a public agency, needs the ability to act and make changes if necessary. He discussed the inclusion Meeting 86-07 Page 4 of a standard of good cause so that the District could not act arbitrarily to terminate the agreement. Motion : D. Wendin moved that the Ad Hoc Committee comprised of T. Henshaw and himself be authorized to work with the Portola Park Heights residents to modify the agreement and include language in Item 6 which added a standard of good cause or good faith. T. Henshaw seconded the motion. Discussion: H. Turner said he would like to see a short, simpler, and more readable agreement. N. Hanko stated her support for H. Turner 's suggestion , as well as for D. Wendin 's motion. D. Wendin stated it was the Board 's consensus to have a shorter and simpler agree- ment. The motion passed 6 to 0 . C . Proposed Addition to Skyline Ridge Open Space Preserve (Bullis Property) (Report R-86-23 of March 21 , 1986) C. Britton referred to a wall map to show the location of the 54 acre improved Bullis property, and he reviewed the terms of the agreement as stated in the staff report, noting the total purchase price was $813 ,000 . He noted that the sum stated in Section 5 of the Resolution should be changed to $209 ,500 in- stead of $210 ,000 . He reviewed the planning and lease process for the buildings on the property as outlined in Section H. 5 . of the staff report. D. Hansen reviewed the Interim Use and Management Plan recom- mendations , and he showed slides of the property. He stated that the site will be open to the public following the installa- tion of trail circulation and private residence signs within the lease area, and private property signs on trails leading to adjacent parcels . He stated the property will eventually be studied in connection with the Master Plan for the Skyline Ridge Open Space Preserve. R. Bullis addressed the Board on the sale of his property and his negotiations with C. Britton. Motion: D. Wendin moved that the Board adopt Resolution 86-21 , as corrected, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Author- izing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Skyline Ridge Open Space Preserve - Bullis Property) . H. Turner seconded the motion. The motion passed 6 to 0 . Motion : D. Wendin moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in staff report R-86-23 , including authorizing staff to negotiate and execute an interim master lease or month- to-month tenancy, not to exceed one year beyond the Bullis ' occupancy date, indicate the Board's intention to withhold the property from dedication as public open space , and name the property as an addition to the Sky- Meeting 86-07 Page 5 line Ridge Open Space Preserve. H. Turner seconded the motion. The motion passed 6 to 0 . D. Wendin called for a brief recess at 8 :55 P.M. and the meeting reconvened at 9 :00 P.M. D. 'Joint Powers Agreement with the Town of Los Gatos (Report R-86-21 of March 18 , 1986)_ H. Grench advised that, since the Board 's approval of the acqui- sition of the Eilertsen property addition to the Sierra Azul Open Space Preserve on February 26 , 1986 , the Los Gatos Town Council had approved the Joint Powers Agreement on March 17 , 1986 pro- viding for a $115 ,000 contribution toward the project cost. D. Wendin noted that the District had given the Town of Los Gatos a restrictive easement over the entire property as stipulated in the agreement. Motion: K. Duffy moved the adoption of Resolution 86-22 , a Reso- lution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Joint Powers Agreement for Purchase of Real Property, Authorizing Officer to Execute Park, Recreation , Scenic and Open Space Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Eilertsen Property) . H. Turner seconded the motion. The motion passed 6 to 0 . E. Preliminary Action Plan for the Implementation of the Basic Policy of the Mid2eninsula Regional District for Fiscal Year 1986-1987 (Report R-86-06 of March 19 , 1986) H. Grench introduced the staff report. C. Britton, D. Hansen , and J. Fiddes provided brief overviews of their respective pro- grams. D. Wendin stated it was the consensus of the Board to address the Master Plan Timetable at the end of the agenda item. M. Hale reviewed the revised proposed Communications Program ob- jectives for fiscal year 1986-1987 , and said that the District 's move to a new office location would be a propitious time to imple- ment new graphic identity and image programs for the District. She stated that new projects proposed for the coming year included a visitor guide , a special one-time issue of Openspace in a new magazine format, and the formal printing of an annual report in a newsletter format. D. Wendin noted that the old newsletter format of Openspace had served its purpose, and it is important to consider changing the way the message of open space is disseminated and publishing it in a more timeless method. He noted that, if the Communications Program is adopted, the old newsletter format would only be used for the publication of an annual report. R. Bishop stated he wanted to think more about the magazine format and asked if the Board would be making a later decision on changing Meeting 86-07 Page 6 formats . M. Hale replied that her intention was to set up the magazine in typeset form only and then return to the Board for final approval along with cost estimates for publication . M. Hale stated that a period of about six to seven months would be required to assess the public opinion of the new magazine format. N. Hanko stated that she felt special attention should be placed during the coming year on communicating with the people who live in the District 's acquisition planning area. She said she would like to see a Key Project that would state that the staff would assist the Board in the development of a Good Neighbor informa- tion and communication program. D. Wendin stated it was the con- sensus of the Board that item 6 of the 1985-1986 Public Partici- pation and Education Subprogram be carried forward as a Key Pro- ject for fiscal year 1986-1987 . K. Duffy stated the importance of keeping the Board informed on communication procedures , and she suggested that M. Hale might want to give consideration to having a workshop with the Board as her plans for the Communications Program develop. Motion : K. Duffy moved that the Board adopt the Preliminary Ac- tion Plan as amended. T. Henshaw seconded the motion. The motion passed 6 to 0 . D. Hansen explained how the Planning Process Timetable for the District Master Plan update was developed. Discussion centered on the timing for delineation and implementation of the Master Plan Update was developed. Discussion centered on the timing for delineation and implementation of the Master Plan update , methods to speed up the process , and the definition of a community. Motion: D. Wendin moved that the Board designate the second Regular Meeting in May as the date for presentation of a detailed schedule with the process to start June 1, 1986 . R. Bishop seconded the motion. The motion passed 6 to 0 . Motion : N. Hanko moved that the Board develop policies for trail connections which will be used as one of the criteria for evaluating the process . D. Wendin seconded the motion . The motion passed 6 to 0 . VII . INFORMATIONAL REPORTS D. Wendin announced that the Land Policy Acquisition Committee would meet on Wednesday, April 2 . A tentative date of April 23 was set for the Board to consider the Committee 's report regarding use of eminent domain. H. Grench reported to the Board on his attendance at the 14th Congress of the International Federation of Parks and Recreation Administrators . H. Hanko asked staff to study a proposed ordinance by San Mateo County Supervisor Tom Nolan that would prohibit the sale and use of fireworks in the unincorporated areas of San Mateo County. R. Bishop requested an item be placed on the next agenda to consider adopting a resolution in support of Supervisor Nolan 's proposed ordinance. Motion : R. Bishop moved that the Presiding officer write a letter in general support of Supervisor Nolan 's ordinance and that the Meeting 86-07 Page 7 Board consider a formal position in support of the ordinance at the Regular Meeting of April 9 . H. Turner seconded the motion. The motion passed 5 to 0 . D. Hansen showed slides of the Monte Bello Road bypass section at Picchetti . VIII . CLAIMS Motion: D. Wendin moved the approval of Revised Claims 86-07 . R. Bishop seconded the motion. The motion passed 5 to 0 . T. Henshaw was not present for the vote. IX. CLOSED SESSION S. Norton stated that litigation items to be discussed in Closed Session fell under subdivision (a) , (b) (1) , and (c) of Government Code Section 54956 . 9 . The Board recessed to Closed Session at 10 :35 P.M. X. ADJOURNMENT The Board reconvened to adjourn at 11 :48 P.M. Doris Smith Secretary