HomeMy Public PortalAbout19870128 - Minutes - Board of Directors (BOD) Meeting 87-02
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
REGULAR MEETING
BOARD OF DIRECTORS
JANUARY 28 , 1987
MINUTES
I . ROLL CALL
President Richard Bishop called the meeting to order at 7 : 35 P .M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Gerry
Andeen and Richard Bishop. Nonette Hanko arrived at 7 :40 P.M.
Member Absent: Edward Shelley.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean
Fiddes, Mary Hale, Stanley Norton, Michael Foster, James Boland, David
Camp, Del Woods, Mary Gundert, Walter Goggintand Emma Johnson.
II. APPROVAL OF MINUTES
January 14 , 1987
Motion: D. Wendin moved that the Board approve the minutes of January
14 , 1987. T. Henshaw seconded the motion, The motion passed
5 to 0. N. Hanko was not present for the vote.
III. WRITTEN COMMUNICATIONS
E. Johnson stated that the Board had received the following written
communications :
1) a letter, dated January 13 , from Candace Stone , Portola Park Heights
Community Member, requesting confirmation from the District that
the Association can work with the District in getting an electric
gate installed at the intersection of Skyline Boulevard and Portola
Heights Road and an easement from the 01strict to bury cable;
2) a letter, dated January 21, from Isabel Sewell, 1049 Noel Drive, #1 ,
Menlo Park, stating she is against bike use and is in favor of con-
trolled use by equestrians on the Jones Road trail;
3) a letter, dated January 13, from Mark Gilkey, 443 Fulton, Palo Alto ,
suggesting that trail conflicts with joggers and hikers can be
lessened by creating or modifying a few trails to make them parti-
cularly good for joggers ; and
a memorandum, dated December 30, 1986 , from the Director of Finance,
Santa Clara County, listing County Treasury investments as of Novem-
ber 30, 1986 and a copy of the current investment policy.
D. Hansen noted that he had replied to C. Stone' s letter. R- Bishop
requested that staff acknowledge the letters from Ms . Sewell and Mr .
Gilkey.
H. Grench reported that the District will receive memoranda like the
December 30 memorandum from the County each month and questioned whether
the Board wished to treat them as normal written communications and
receive copies. No Board member responded affirmatively.
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 87-02 Page two
IV. ORAL COMMUNICATIONS
There were no oral communications .
V. ADOPTION OF AGENDA
R. Bishop stated the agenda was adopted by Board consensus .
VI. BOARD BUSINESS
A. Final Adoption of the Interim Use and Management Plan for the North
Property Addition to the Sierra Azul Open Space Preserve (Report
R-87-18 of January 21, 1987)
D. Hansen reported that staff had received one call regarding public
access and property boundaries and a letter from private property
owners bordering the property. He said that staff will meet with
the neighbors on February 6 on-site to listen to their concerns and
answer most of their questions. He noted that, because of the ques-
tion of public access, the Interim Use and Management Plan recommen-
dation E-1 had been changed to include resolving questions regarding
the installation of a gate, site security and management questions .
He said that once resolution of these items had been accomplished,
staff would report to the Board and incorporate the new recommenda-
tions into the Use and Management Plan.
Motion: D. Wendin moved that the Board adopt the Interim Use and
Management Plan for the North property addition to the
Sierra Azul Open Space Preserve, Mt. Umunhum Area, including
the naming, as contained in report R-86-121 and as amended
4.n Memorandum M-87-02 of January 28 , 1987 and that the
Board indicate its intention to withhold the property from
dedication as public open space at this time. T. Henshaw
seconded the motion. The motion passed 6 to 0 .
B. Authorization for Continuation of Supplemental Sheriff ' s Patrol of
Mt. Umunhum Area, Sierra Azul Open Space Preserve (Report R-P-19
of January 21, 1987)
J. Boland reported that the budgeted amount of $8000 for the
sheriff' s Patrol service had not taken into account the two-officer
per unit requirement for patrols after sunset in mountainous areas .
He said that staff is requesting an additional $8500 to continue
the program through the end of fiscal year 1986-1987 , which money
is available elsewhere in the Open Space Management budget.
J. Boland reported that a formal contract with the Sheriff ' s office
has not been executed primarily because of the question of which
entity has criminal and civil liability for the officers , adding
that District Legal Counsel and staff have met with County staff,
and various alternatives have been discussed.
George McNamara, President of the Sierra Azul Landowners Associa-
tion, reported that the area has had fewer problems since the patrol
program began and that he is in favor of continuing it.
D. Wendin suggested getting quotes to determine what the insurance
costs would be, but that the increased costs should not be a
determining factor in determining how to proceed.
Harry Haeussler, 1094 Highland Circle, Los Altos, suggested that
the District hire a full time, armed Ranger.
Motion: K. Duffy moved that the Board authorize the General
Manager to continue the informal agreement with the Santa
Clara County Sheriff ' s Department for an amount not to
exceed $8500. T. Henshaw seconded the motion. The motion
passed 6 to 0 .
Meeting 87-02 Page three
C. Amendment to Levine Lease Within Fremont Older Open Space Preserve
(Report R-87-20 dated January 21, 1987)
C. Britton said that the original lease did not include the adobe
and immediate surroundings which had been used as a Ranger residence.
He said that the structure needs rehabilitation which is not feasible
for the District to do, adding that the Board had approved entering
into negotiations for the proposed lease of the structure in July,
1986.
W. Goggin said that the proposed lease is similar to the original
lease and will run for the balance of the lease term. He noted that
the LEvines will restore the adobe and surrounding landscaping and
would provide plans and specifications to a three-member Review
Committee.
K. Duffy said she would want the road to continue to be used as a
trail. Mr. Levine said he wants to create a privacy screen or fence
since the road is near the adobe, which he will ultimately offer for
rent.
Motion: N. Hanko moved that the Board authorize the President to
execute Lease Amendment No. 3 to the Levine lease and
appoint K. Duffy to serve on the Restoration Review
Committee. R. Bishop seconded the motion. The motion
passed 6 to 0 .
D. Use and Management Plan Review for the Russian Ridge OpenSpace
Preserve ('Report R-87-22 of January 22 , 1987)
D. Hansen no e a ere ave een amen ments regarding parking
and access to the Use and Management Plan and that two properties
had been added since the Plan was reviewed in 1983.
D. Woods reported that staff is contracting with a consultant to
prepare a feasibility study on a potential parking area at Skyline
Boulevard and Alpine Road and anticipates receiving a report in
May. He showed slides of the proposed locations of the lot and
trails and reviewed sign locations.
Discussion centered on location and visibility of signs. K. Duffy
and T. Henshaw suggested that the topic of signs in general should
be considered on a future agenda. R. Bishop said that signing of
Russian Ridge could be discussed when planning the parking lot.
K. Duffy expressed concern about delaying construction of the trail
linking the ridgetop trail and midlevel trail, as the lack of it
promotes trespassing onto private property. D. Hansen and D. Wendin
proposed signing the trail as dead-end to discourage further pro-
gress above the trail.
Kristen Thompson, 20007 Skyline Boulevard, La Honda suggested the
District could lease land to a community organization for a meeting
hall, museum or other public use. K. Duffy said that the Board
should not encourage new construction and that a building would
have substantial impact on the open space of the ridge. D. Wendin
added that the District must study traffic volume on Skyline caused
by preserve users before discussion of development on Russian Ridge.
N. Hanko expressed her concern about traffic and suggested that smal-
ler parking lots would help resolve parking problems . T. Henshaw
asked that the staff include in the feasibility study some type of
analysis of existing parking capacity on various pullouts along Sky-
line Boulevard.
Meeting 87-02 Page four
R. Bishop said that he favors the proposed location for the parking
lot since it will serve two preserves, but that after the lot is
open the need for additional lots could be evaluated.
D. Hansen reviewed the Range Management Plan Summary and Assessment,
noting that staff is concerned about the level of grazing and has
requested that animals presently grazing on the Preserve be removed.
D. Woods said that the District has not established a District-wide
policy on whether the District wishes to keep ridge tops open, but
noted that staff is presently working on a resource management policy
to present to the Board in the next few months. He said that staff
favors the elimination of grazing until that determination is made.
He presented alternatives from continued grazing to elimination of
grazing and noted pros and cons of each option, and said that the
most desirable option probably would be grazing on a small portion
for part of each year. He showed slides of the results of over-grazing.
N. Hanko said that she would not like to see grazing discontinued but
would like to see some protection of the riparian woodland areas, cor-
ral areas, and parts that have been abused. She said that she favors
a demonstration area that would illustrate what happens with grazing.
She added that without the resource study she is not certain how bac-
charis can be controlled except by cattle. She said she strongly fa-
vors an open ridge line.
G. Andeen observed that Preserve neighbors want to have grazing con-
tinued and suggested that some grazing, without overgrazing, would be
ideal.
H. Haussler said the District should operate the grazing and maintain
the fences.
Eric Thompson, 2007 Skyline Boulevard, La Honda, referring to the
Range Management Plan Summary, said that electric fences and stock
ponds are unnecessary and that fire danger would be greater if graz-
ing is discontinued. He added that the budgeted amount for fuel breaks
is insufficient. D. Hansen responded that the $450 shown in the report
is incorrect and that $900 should have been shown.
Lynn Quam, Star Route 2, Box 403, La Hondalsaid he has lived in the
Russian Ridge area for 17 years and has observed detrimental effects
of removing cattle from grazing areas. Marsha Hannah and Barbara Berg-
man noted their agreement to allow grazing to continue.
D. Wendin said that he could not make a decision until he had more in-
formation. He said that he doesn' t favor a demonstration project of
the type proposed in the report and that the District would have to
incur some expenses. He said he does not believe the answer lies in
removing the cattle.
K. Duffy observed that the land is overgrazed and damage is evident.
She noted, however, that there is value in grazing in keeping grasses
down to encourage wild flowers and she questioned if there was a com-
promise position. T. Henshaw said she would also like a compromise
to resolve the question.
D. Hansen said that a grazing operation would require staff time and
District investment. N. Hanko said that the District will have to be
ready to spend the money and that she would like to have the cattle
remain on the site until the resource management plan is prepared.
Meeting 87-02 Page five
D. Wendin said that the Board needs information from staff regarding
what would be required to continue grazing at a minimal level of in-
volvement. R. Bishop agreed that the Board needs information on ex-
penses and liability if grazing is continued on a small scale. N.
Hanko added that the Board needs a staff report on what would be ne-
cessary for repair of fencing and other items and stated her position
that the Board should take a positive position in favor of increased
grazing.
N. Hanko said that the staff should see if there are people who would
be willing to repair fences and graze their cattle on the site.
D. Wendin said that the District should be considering a minimum level
project for this year, with minimal involvement in staff time.
Motion: R. Bishop moved that the Board tentatively adopt the Revised
Use and Management Plan for Russian Ridge contained in report
R-87-22 with the exception of the grazing plan, and that the
Board request staff report back to the Board on the impacts
on staff time and expenses of embarking on a grazing program.
T. Henshaw seconded the motion. The motion passed 6 to 0.
D. Hansen said that staff could probably present a report to the Board
on grazing at the second regular meeting in March. H. Grench said the
second reading of the Use and Management Plan except for the grazing
portion could be considered in normal sequence and R. Bishop stated
the rest of the Plan should not be delayed because of the grazing ques-
tions and should return to the Board in normal sequence.
R. Bishop called a recess at 10 :15 P.M. , and reconvened the
meeting at 10 :20 P.M.
E. Approval of Request for Proposal for Microcomputer Hardware
(Report R-87-21 dated January 20, 1987)
J. Fiddes introduced the consultant that the District had hired to
study the District' s computer needs and to recommend appropriate
hardware and software. She said the proposed Request for Proposal
was based on purchase of six computers and related hardware.
Motion: K. Duffy moved that the Board approve the Request for Pro-
posal for Microcomputer Hardware and direct staff to distri-
bute the RFP to potential vendors. T. Henshaw seconded the
motion. The motion passed 5 to 0 with N. Hanko abstaining.
F. Renewal of Investment Authority (Report R-87-14 of January 15, 1987)_
H. Grench reported that Section 11 of Exhibit "A" had been changed
to include a sentence that the Budget Committee shall act on behalf
of the Board in receiving reports from the Controller.
Motion: N. Hanko moved that the Board adopt Resolution 87-02, a
Resolution of the Board of Directors Authorizing Certain
Board Employees to Invest Temporarily Idle Funds in Securi-
ties Allowed by Government Code, with the revised Exhibit
"A" . D. Wendin seconded the motion. The motion passed 6
to 0.
President Bishop proposed that, due to the lateness of the hour, some
agenda items be continued to a future meeting.
Motion: N. Hanko moved that the Board continue the Agenda items on the
Mid-Year Program Evaluation and Process for Evaluating Proposed
Redevelopment Projects to a future meeting. K. Duffy seconded
the motion. The motion passed 6 to 0 .
Meeting 87-02 Page six
G. Revision of Authorized Si2natories for District Accounts and Safe
Deposit Boxes (Report R-87-16 of January 20, 1987)
J. Fiddes reported that in accordance with the Board' s Rules of Pro-
cedure, it was necessary to revise the authorized signatories for
District accounts and safe deposit boxes.
Motion: T. Henshaw moved that the Board adopt Resolution 87-03, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Establishing Financial
Instrument Signatories of the District for Santa Clara
County Accounts. K. Duffy seconded the motion. The motion
passed 6 to 0 .
Motion: T. Henshaw moved that the Board adopt Resolution 87-04 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving Certificate of
Authority of Officers (First Interstate Bank of California) .
K. Duffy seconded the motion. The motion passed 6 to 0.
Motion: T. Henshaw moved that the Board adopt Resolution 87-05 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Signing and
Endorsing Checks and Other Instruments for Checking Account
(First Interstae Bank of California - Los Altos) . K. Duffy
seconded the motion. The motion passed 6 to 0 .
Motion: T. Henshaw moved that the Board adopt Resolution 87-06, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Establishing Signatories
for Entering Safe Deposit Boxes (First Interstate Bank of
California - Los Altos) . K. Duffy seconded the motion.
The motion passed 6 to 0.
H. Proposed Cooperative Project With the County of Santa Clara for
Purchase of Land Ad�acent to Stevens Creek Park and Picchetti
Ranch Area (Report R-87-23 of January 23, 1987)
C. Britton explained the history of the cooperative project
involving lands owned by the District, Santa Clara County and
160 acres of the Schwabacher property which contains a road system
that is an important link in the proposed trail and recreation
corridor connecting lower and upper Stevens Creek County Parks.
He said the District would convey parcels to Schwabacher and Santa
Clara County, retaining easements on the parcels, and would receive
an easement over land being acquired by the County from Schwabacher.
H. Grench said that the County is concerned about the trail loca-
tion, installation cost, and maintenance and that it may be logical
for the County to acquire additional land from the District so there
would be no mixed responsibilities for development and maintenance.
He reported that District and County staffs are jointly studying
potential trail alignments.
Motion: N. Hanko moved that the Board approve the general concept
for a cooperative land acquisition project with the County
of Santa Clara and authorize the General Manager to work
with the County to achieve the mutual acquisition goals.
T. Henshaw seconded the motion. The motion passed 6 to 0.
Meeting 87-02 Page seven
I. Proposed Amendments to Initial Legislative Program (Report R-87-24
dated January 22, 1987)
H. Grench discussedt e borrowing power of the District, how it
affects the land acquisition program, and the benefits of increas-
ing the maximum term for a note issue to 20 years and maximum total
debt to five years anticipated tax revenue. He emphasized that the
District would meet the criterion that debt sevice, operating ex-
penses, and reserve requirements could be met without a new public
note issue in all years, i.e. , that it would not be necessary to
borrow money to repay debt.
He said that the second proposed amendment to the Program would elim-
inate the requirement that the financial statement be published in a
newspaper. He said that the audit annual report is available as a
public document, and public inspection could be made an explicit re-
quirement in the legislation. He noted that East Bay Regional Park
District is considering similar legislation and the District may
want to use the bill they are proposing.
D. Wendin proposed that the criterion that debt service, operating
expenses and reserve requirements would always be met without a
public note issue should be established as a District policy.
Motion: D. Wendin moved that the Board adopt the amendments
listed in report R-87-24 . K. Duffy seconded the motion.
The motion passed 6 to 0 .
J. Appointment of Board Committees (Report R-87-13 of January 15, 1987
and Memorandum M-87-01 of January 28, 1987)
R. Bishop reported that he haa made committee appointments, subject
to Board approval, as listed in him memorandum M-87-01 with the fol-
lowing changes : D. Wendin should be added to the Public Transporta-
tion Committee; the name of the Eminent Domain Policy Committee be
changed to the Land Acquisition Policy Committee; and the Budget Com-
mittee of 1986 should become an ad hoc Open Space Management Budget
Committee.
Motion: R. Bishop moved that the Board approve the committee appoint-
ments contained in his memorandum M-87-01 as amended. D.
Wendin seconded the motion. The motion passed 6 to 0.
Motion: R. Bishop moved that the Board disband the Long Ridge Road
Committee. D. Wendin seconded the motion. The motion passed
6 to 0.
Motion: R. Bishop moved that Committee member attendance at the
Office Space Committee be compensable retroactive to July 1,
1986 . D. Wendin seconded the motion. The motion passed 6 too .
Motion : R. Bishop moved that Committee member attendance at the Open
Space Management Budget Committee be compensable . T. Henshaw
seconded the motion . The motion passed 6 to 0 .
Motion: R. Bishop moved that the Board assign the Transportation Com-
mittee the task of reporting to the Board regarding potential
traffic impacts of District preserves along Skyline Boulevard.
T. Henshaw seconded the motion. The motion passed 6 to 0.
Meeting 87-02 Page eight
VII, INFORMATIONAL REPORTS
H. Grench reported tFat the Special District Board Management Institute
will be held February 27 to March 1 and asked that Board members indi-
cate if they wished to attend. G. Andeen said he wished to attend.
Motion: K. Duffy moved that the Board authorize funds for one or
two Board members to attend the Institute. T. Heenshaw
seconded the motion. The motion passed 6 to 0 .
H. Grench reported that the official closing for the proposed note issue
was scheduled for the morning of March 4 .
M. Hale said that she is planning the tour of District lands for Santa
Clara County officials and asked the Directors ' preferences for potential
dates . On a show of hands it appeared that one more Director would be
available for May 16 than for May 2 . H. Grench stated that the wildflowers
would probably be a better show earlier in May and that the May 2 date
would be in less conflict with budget work than May 16 . He also said
that he would check with Director Shelley on schedule. G. Andeen stated
that it was all right with him to have the event on May 2 even though
he wouldn' t be able to attend. N. Hanko requested that the Santa Clara
County Planning Commissioners be invited.
VIII. CLAIMS
Motion: T. Henshaw moved that the Board approve the Revised Claims
87-02 . R. Bishop seconded the motion. The motion passed
6 to 0 with N. Hanko abstaining from voting on Item 9524 .
IX. CLOSED SESSION
S. Norton announced that litigation matters to be discussed in Closed
Session fell under Subdivision (a) and (c) of Government Code Section
54956.9 . The Board recessed to Closed Session at 11 : 17 P.M.
X. ADJOURNMENT
The Board was adjourned at 12 :14 A.M. , Thursday, January 29 , 1987.
Emma Johnson
Secretary