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HomeMy Public PortalAbout19870722 - Minutes - Board of Directors (BOD) Meetinq 87-17 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 JULY 22 , 1987 MINUTES I . ROLL CALL President Richard Bishop called the meeting to order at 7 :34 P.M. Members Present: Richard Bishop, Edward Shelley, Teena Henshaw, Gerry Andeen , and Nonette Hanko. Katherine Duffy arrived at 7 :56 P.M. during the National Weather Service item. Personnel Present: Herbert Grench, David Hansen, Jean Fiddes , Mary Hale, Linda Steputat, Stanley Norton , and Doris Smith. II . APPROVAL OF MINUTES July 8 , 1987 Motion: T. Henshaw moved that the Board approve the minutes of July 8 , 1987 . N. Hanko seconded the motion. The motion passed 5 to 0 . III . WRITTEN COMMUNICATIONS D. Smith reported that the Board had received the following written communications : 1) a letter dated June 29 , 1987 from Harry H. Haeussler, Jr. , 1094 Highland Circle, Los Altos , concerning the payment of rent by Beverly Fike for High Meadow Stables ; 2) a letter from Albert J. Jurafsky, 675 San Martin Place, Los Altos , containing suggestions for identification and parking for the preserves along Skyline Boulevard and asking that all preserves be opened to dogs under control of their owners . Staff was directed to notify Mr. Jurafsky when the Board addressed the issue of preserve identification and parking in the Skyline corri- dor, and his letter was referred to the Dog Committee. R. Bishop stated that the draft replies for both letters were approved by Board consensus . IV. ORAL COMMUNICATIONS Larry Hassett, 22286 Skyline Boulevard, La Honda, commented that the District 's Rangers are well received by most residents in the Skyline area and noted that Patrick Congdon , an active member of the South Skyline Fire Department, had been elected Assistant Chief effective July 1 , 1987 . 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 87-17 Page Two V. ADOPTION OF AGENDA Motion : R. Bishop moved that Item 6 concerning the Trust for Hidden Villa be moved to the end of the agenda after Item 11 . E. Shelley seconded the motion. The motion passed 5 to 0 . Motion: R. Bishop moved that Item 10 , Appointment of Peace Officer, be considered after Item 1 . N. Hanko seconded the motion. The motion passed 5 to 0 . R. Bishop stated that the agenda as modified was adopted by Board consensus . VI . BOARD BUSINESS A) National Weather Service Proposal to Locate NEXRAD Station on Rt. Umunhum (Report R-87-118 of July 15 , 1987) H. Grench reviewed the staff report, noting that the Weather Ser- vice had not yet had an opportunity to respond to staff 's position as stated in the report. He noted that NWS had a long-standing policy to purchase land rather than lease it, and he stated the reasons the District should retain control of the property on the summit of Mt. Umunhum. He reviewed the conditions that would be negotiated by staff in a long-term lease, calling particular atten- tion to the County use permit requirements and NWS funding to hire a consultant (s) to review SRI 's site specific impact study. He said that it would be extremely important that environmental pro- cedures be followed very carefully, and that the Board 's potential approval of the proposed lease would be contingent on the Board 's consideration of environmental studies and independent review, and agreed-to mitigation measures . G. Andeen advised that he would not participate in discussions nor the vote on this matter because of potential conflict of interest. Richard Anderson , Chief of the NWS Engineering Division for the Western Region , noted that the staff report was in line with dis- cussions with staff and he did not have a major problem with the content of the report. He said that the NWS is still very much interested in acquisition by purchase rather than lease and that he felt that when SRI finished their report many of the questions that are site specific and of concern to the District will be answered. He noted that there may be some reluctance on the part of NWS to pay for another report based on SRI 's findings , but he did not have the authority to make such a decision. Dave Leone of Stanford Research Institute (SRI) , said that they are looking at the electromagnetic interference aspects of the site, had identified approximately 400 potential antenna site users in the area, and will be looking at each one to identify potential interference. He said that they are considering bringing in an outside consultant to do aesthetic analysis . R. Bishop stated that an aesthetic study would be very helpful. Discussion centered on the Weather Service 's desire to own rather than lease the property, and Mr. Anderson stated that adopted policies prohibit lease of over five years and that their need is for long-term occupancy of the site. D. Hansen said that a right of renewal option could be made apart of the proposed lease. Meeting 87-17 Page Three Rick Estrada, Sierra Azul Landowner 's Association , urged the Dis- trict to lease rather than sell the land and to work into the nego- tiations who will be liable for technical errors and problems arising from electronic interference. K. Duffy asked Mr. Estrada to put his concerns in writing to the Board so that his concerns would be on record. T. Henshaw asked what the proposed timeline was for staff negoti- ations . H. Grench said that the County procedure for issuing per- mits and conducting environmental reviews would probably take from 30 to 90 days after SRI completes its study, providing there are not serious challenges along the way. T. Henshaw said that she would like to have a field tour of the site before the issue returns to the Board, and several Directors indicated their interest for such a tour. R. Bishop directed staff to make the necessary ar- rangements for the field trip and to determine if a special meeting is needed. Motion : E. Shelley moved that the Board approve the full recom- mendations of staff as contained in report R-87-118 of July 15 , 1987 , including the question of the lease and the outside review by a consultant. N. Hanko seconded the motion. The motion passed 5 to 0 . G. Andeen ab- stained from the vote. B. Appointment of Peace Officer (Report R-87-117 of July 16 , 1987) D. Hansen introduced Ranger Linda Steputat, noting she had joined the Ranger staff the previous week. Motion : N. Hanko moved that the Board adopt Resolution 87-23 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Linda Steputat as a Peace Officer. T. Henshaw seconded the motion . The motion passed 6 to 0 . C. Comprehensive Use and Management Plan for the Hassler Open Space Preserve (Report R-87-121 of July 17 , 1987) D. Hansen presented the staff report for the Comprehensive Use and Management Plan dealing specifically with access and circulation for the Preserve and said that the balance of the Plan would be presented at the August 12 meeting. He noted that attendees (mostly neighbors) at a public workshop held on September 9 , 1986 had indicated strong support for maintaining the site essentially as it is and that they supported low intensity recreation uses . He reported that the two subdivision proposals for the Benedetti property adjacent to the Preserve have been of concern to staff, and that staff is working with the City of San Carlos to minimize impacts of the subdivision on the Preserve. D. Hansen discussed major access planning under consideration by staff , including developing the Edmonds Road and Vista Point access and exploring other potential parking area sites. Discussion cen- tered on the removal of chain link fence at the Vista Point access and the federal legislation required to facilitate access from the Interstate 280 Vista Point and the Edgewood Road Park and Ride lot. Meeting 87-17 Page Four Motion: G. Andeen moved that the Board formally refer this issue to the Legislative Committee. N. Hanko seconded the motion. Discussion: Discussion focused on the need to refer this item to the Legislative Committee. The motion failed to pass on the following vote: Ayes : G. Andeen and N. Hanko. Noes : E. Shelley, K. Duffy, T. Henshaw and R. Bishop. Motion: R. Bishop moved that the Board amend the Plan by inserting a provision that staff report back to the Board within 90 days on their efforts to obtain agreement from CalTrans on the use of the Edgewood Road Park and Ride lot and the Vista Point. N. Hanko seconded the motion. The motion passed on the following vote: <Ayes : R. Bishop, K. Duffy, N. Hanko, and T. Henshaw. Noes : T. Henshaw and E. Shelley. R. Bishop, referring to item C4 on page five, stated that the trail through the west canyon should carry a more definite time- frame for completion. He requested that the Plan be amended to insert the statement that the trail from the Edmonds Road entrance to the central ridge via the west canyon would be constructed during the spring of 1989 . Discussion centered on placing a completion date for the trail. D. Hansen said that there is a need to establish an annual priority list of trails designated for completion based on the Board 's de- cisions regarding all preserves . He noted that the second portion of the report would indicate a proposed construction date for the trail. E. Shelley stated that the appropriate time to decide the timeframe for building a particular trail would be when the Board reviewed the larger picture to determine which trails should have the greater priority. Motion: E. Shelley moved that the Board tentatively adopt the access and circulation elements of the Comprehensive Use and Management Plan as contained in the report as amended. T. Henshaw seconded the motion. The motion passed 6 to 0 . D. 2020 Task Force Recommendations (Santa Clara County) (Report R-87-115 of July 15 , 1987)- N. Hanko introduced Hugh Graham, Senior Planner for Santa Clara County and the 2020 Project Manager, who gave an overview of the recommendations of the 2020 Task Force. Motion : E. Shelley moved that the Board direct staff to work with Director Hanko to develop and present at the next Board meeting, a draft letter, containing information in her report, which would state the Board 's position on the Task Force 's goals and recommendations . T. Henshaw seconded the motion . The motion passed 6 to 0 . E. Final Adoption of the Preliminary Use and Management Plan for the Berry Property Addition to the Sierra Azul Open Space Preserve , Limekiln Can- yon Area (Report R-87-113 of July 15 , 1987) D. Hansen said that escrow on the 64 . 83 acre Berry property had closed Meeting 87-17 Page Five on June 30 , 1987 and that no further public comment had been received. Motion : E. Shelley moved that the Board adopt the Preliminary Use and Management Plan for the Berry property addition to the Sierra Azul Open Space Preserve, Limekiln Canyon Area, as contained in report R-87-91 and dedicate the property as public open space at this time. K. Duffy seconded the motion. The motion passed 5 to 0 ; Director Henshaw was not present for the vote. F. Final Adoption of the Preliminary Use and Management Plan for the Blest Property Addition to the La Honda Creek Open Space Preserve (Report R-87-114 of July 15 , 1987) D. Hansen said that escrow on the one-quarter acre Blest property had closed on June 19 , 1987 and that no further public comment had been received. Motion: E. Shelley moved that the Board adopt the Preliminary Use and Management Plan for the Blest property addition to La Honda Creek Open Space Preserve as contained in re- port R-87-87 and indicate its intention to withhold the property from dedication as public open space at this time. N. Hanko seconded the motion. Discussion: G. Andeen , referring to section E-2 of the accompanying acquisition, questioned why access to the property should not be publicized. Motion to Amend: G. Andeen, referring to report R-87-87 of June 2 , 1987 , moved that the words "but not publicize" be stricken from Section E-2 in the Interim Use and Man- agement Recommendations. N. Hanko seconded the motion . The motion to amend failed to pass on the following vote: Ayes : G. Andeen and N. Hanko. Noes : R. Bishop, K. Duffy, T. Henshaw, and E. Shelley. G. Resolution of Appreciation to Assembly Member Sher and Senator Morgan (Report R-87-116 of July 15 , 1987) H. Grench reported that Assembly Bill 2425 had been signed by the Governor on July 8 . E. Shelley suggested the Board and staff consider some type of additional recognition for Assembly Member Sher for all his efforts over the years for the District. Motion: N. Hanko moved that the Board adopt Resolution 87-25 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District to Assembly Member Sher for Authoring and to Senator Rebecca Morgan for Co-Authoring Assembly Bill 2425 . G. Andeen seconded the motion. The motion passed 6 to 0. H. General Manager 's Compensation (Report R-87-111 of July 13 , 1987) R. Bishop stated that when considering the General Manager 's sal- ary it was important to review its relationship to the Assistant General Manager 's salary. N. Hanko stated that the District should continue to have one retirement benefit for the General Manager. Meeting 87-17 Page Six E. Shelley stated that upon further study of the General Manager 's compensation he now favored a to salary increase and payment of the General Manager 's 7% PERS contribution. R. Bishop stated he supported this proposal . T. Henshaw stated the Board should con- sider a better process for determining the General Manager 's compen- sation in future years . Motion : E. Shelley moved that the District pay the 7% PERS contri- bution for the General Manager and also increase his base salary by one percent. R. Bishop seconded the motion. Discussion : T. Henshaw spoke against the motion and stated that she favored a straight percentage salary increase, rather than the PERS pickup, since the General Manager was different from other employees . N. Hanko spoke in favor of phasing in payment of the General Manager 's PERS con- tribution. Motion to Amend: N. Hanko moved that the motion be amended to a straight salary increase of 7% for the General Manager. The motion to amend died for lack of a second. The original motion passed on the following vote: Ayes : E. Shelley, K. Duffy, G. Andeen, and R. Bishop. Noes : N. Hanko and T. Henshaw. I . Action Plan Program Evaluation for 1986-1987 Fiscal Year (Report R-87-110 of July 13 , 1987) H. Grench, D. Hansen, M. Hale, and J. Fiddes reviewed the program evaluation material for the Board. D. Hansen, referring to the fifth key project in the Operations , Maintenance, and Volunteer Subprogram, stated that staff had completed a fair amount of re- search on establishing volunteer foot, bicycle, or equestrian trail patrol of District lands and an item on this would be pre- sented to the Board. G. Andeen stated that he would like to see a statement in the 1987-1988 key projects and activities for General Management and Program Support advocating activity on the part of Board and staff members to promote the District to the general public. He recom- mended that the following wording be included in the third item: "Create an environment of public service that encourages individual employees to find and execute routes to inform and demonstrate the benefits of open space to those not already aware. " G. Andeen also requested that the words "allowing public access" in the third Basic Policy statement that reads "The District will follow a land management policy that provides proper care of open space, allowing public access appropriate to the nature of the land and consistent with ecological values" be changed to "encouraging public enjoy- ment. " Following Board discussion of the recommendations , R. Bishop re- quested that G. Andeen put his proposal in writing so the Board and staff could look at it to find ways to integrate his suggestions into the District 's program. G. Andeen said that he would place an item focusing on the Basic Policy wording change on a future agenda. Meeting 87-17 Page Seven Motion: E. Shelley moved acceptance of the Program Evaluation for the 1986-1987 fiscal year as contained in report R-87-96 of June 24 , 1987 and as amended during the meeting. T. Henshaw seconded the motion. The motion passed 6 to 0 . J. Proposed Slobe (Aries) Property Addition to the Windy Hill Open Space Preserve (Report R-87-122 of July 17 , 1987)- H. Grench advised that C. Britton, who was attending the Portola Valley Town Council meeting at which the Slobe acquisition was being discussed, had reported by telephone that there appeared to be a favorable acceptance by the Council thus far for the acquisi- tion. H. Grench noted that there is a specific contingency in the purchase contract for a 50-car parking area on the property imme- diately adjacent to Portola Road and referred the Board to his July 22 letter that had been prepared for consideration by the Portola Valley Town Council. S. Norton concurred that the agree- ment, if approved, would be valid until August 14 , 1987 and added that the Board could walk away from the purchase contract if the parking lot was not approved. D. Hansen reviewed the proposed design plans for the parking area prepared by Hardesty and Associates. Following discussion of the role of the Town of Portola Valley in the potential acquisition, E. Shelley stated that he felt the District must maintain the position that this was a District pur- chase for a regional facility and that powers should not be given to the Town of Portola Valley that would restrict the District 's ability to use the property for its intended purpose. Larry Hassett, 22286 Skyline Boulevard, La Honda , requested that adequate equestrian parking be included in the proposed parking area. Motion: N. Hanko moved that the Board adopt Resolution 87-25 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase and Sales 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 (Windy Hill Open Space Preserve - Slobe Property) . K. Duffy seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board tentatively adopt the Pre- liminary Use and Management Plan recommendations contained in reports R-87-106 and R-87-109 , including naming the property as an addition to the Windy Hill Open Space Pre- serve, and reaffirming its intention to dedicate the prop- erty as public open space. K. Duffy seconded the motion. The motion passed 6 to 0 . K. Proposed Addition to Rancho San Antonio Open Space Preserve (Lands of The Trust for Hidden Villa) Final Easement Transaction (Report R-87-119 of July 17 , 1987) D. Hansen reviewed the staff report, noting that the District had Meeting 87-17 Page Eight been notified in July 1986 that the final land area had been trans- ferred from the Duveneck family to the Trust for Hidden Villa , including the 940 acres of "Wilderness Area" easement and 6 . 06 acres of "Ranch Area" easement. He noted that total cost to the District for this final transfer would be $865 ,786 .61 and that Master Agree- ment needed to be amended to include the adjustments to the pur- chase price and other revisions discussed in the staff report. He added that the purchase price reflected changes in the payment schedule that benefitted the District from a cash flow basis and that approximately a 100 acre portion of the property from the easterly ridgeline of the Upper Adobe Creek Watershed to the existing Windmill Pasture Area was being conveyed in fee title at no additional cost to the District. Discussion focused on the realignment of the Black Mountain Trail and its placement entirely on District land so as not to intrude upon the ranch area itself. D. Hansen noted that the existing trail would have required rerouting and rebuilding even if the stipulation about the trail had not been included in the amended agreement. Mark Winitz , 1638 Corte Via, Los Altos , asked if an accessible trail route will be open during the time the old trail is obliter- ated and the new trail is completed, and D. Hansen stated that a trail route would always be open to accommodate hikers . Motion: E. Shelley moved that the Board adopt Resolution 87-26 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Amendment to Purchase Agreement and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Rancho San Antonio Open Space Preserve - Lands of the Trust for Hidden Villa) . T. Henshaw seconded the motion. The motion passed 6 to 0 . Motion: E. Shelley moved that the Board tentatively adopt the Pre- liminary Use and Management Plan recommendations contained in the report , including naming the property as an addition to the Rancho San Antonio Open Space Preserve - Duveneck Windmill Pasture Area, and indicate its intention to dedi- cate the interests in real property as public open space. T. Henshaw seconded the motion. The motion passed 6 to 0. VII . INFORMATIONAL REPORTS D. Hansen said that he had attended the Los Gatos Town Council meeting on July 20 , and reported that the Council had approved the Use and Management Plan for St. Joseph 's Hill Open Space Preserve with some minor changes . The second reading for the Comprehensive Use and Man- agement Plan will be in August for this Preserve. IX. CLAIMS Motion: R. Bishop moved that the Board approve the Revised Claims 87-14 . T. Henshaw seconded the motion. Discussion: R. Bishop noted that item 239 in the amount of $4 ,700 ,000 to Founders Title Company for the Slobe acquisition was contingent upon the terms and conditions set forth in the purchase agreement. Meeting 87-17 Page Nine The motion passed 6 to 0 with item 239 to Founders Title Company conditional upon completion of the terms and condi- tions of the Slobe purchase agreement. X. CLOSED SESSION S. Norton announced that the existing litigation concerning the status of the Cothran estate would be discussed in Closed Session, and it fell under Government Code Section 54956 . 9 (a) . The Board recessed to Closed Session at 11 : 19 P.M. XI . ADJOURNMENT The meeting was adjourned at 11 :40 P .M. Doris Smith Secretary CORRECTION TO THE MINUTES OF JULY 22, 1987 II. APPROVAL OF MINUTES A. July 15, 1987 Motion: E. Shelley moved that the Board approve the minutes of July 15, 1987 . T. Henshaw seconded the motion. The motion passed 7 to 0 . B. July 22, 1987 J. Fiddes noted that the second motion on page four contained an error in the recording of the vote, and that the "aye" votes should have been reported as R. Bishop, K. Duffy, N. Hanko, and G. Andeen. Motion: E. Shelley moved that the Board approve the minutes of July 22 , 1987 as corrected. T. Henshaw seconded the motion. The motion passed 7 to 0 .