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HomeMy Public PortalAbout19880427 - Minutes - Board of Directors (BOD) Meeting 88-09 IV MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS April__27 , 1.988 MINUTES I . ROLL -CALL President Katherine Duffy called the meeting to order at 7 : 33 P.M. Members-P.resent: Richard Bishop, Katherine Duffy, Teena Henshaw, and Robert McKibbin. Nonette Hanks arrived at 8 : 40 P .M. Members Absent: Gerry Andeen and Edward Shelley. Personnel Present : Herbert Grench, David Hansen, Mary Hale , Walter Goggin, Jean Fiddes , Del Woods , James Boland, and Joan Combs . II . APPROVAL OF MINUTES April_. 1311988 Motion : R. Bishop moved that the Board approve the minutes of April 13 , 1988 , T. Henshaw seconded the motion . The motion passed 4 to 0 . N. Hanko was not present for the vote . III . WRITTEN COMMUNICATIONS There were no written communications . IV. ORAL COMMUNICATIONS Harry Haeussler , 1094 Highland Circle , Los Altos , said he had heard that a letter had been sent to Skyline residents concerning th�L, proposed Land Acquisition brochure and was concerned that it had not biec-n sent to the general public . H. Grench said that he assumed Mr . Haeus�I; -', r2a- was referring to a letter announcing the May 23 4 M,ee t i n g o f t'-e La n(3 Acquisition Policy Committee , and noted the meeting had bet"n publicly noticed on preceding agendas . He said that a packet of information to be reviewed at the Committee meeting had been sent to individuals who had expressed a particular interest , and that the only item of discussion at Meeting 88-09 Page two the Committee meeting was the text of the proposed Land Acquisition brochure, which he offered to send to Mr. Haeussler. V. ADOPTION OF AGENDA K. Duffy stated that the agenda was adopted by Board consensus . VI. BOARD BUSINESS A. Status Report on District ' s Legislative Program (Report R-88-44 of April 20, 1988) H. Grench stated that Ralph Heim, the District' s Legislative Consultant was unable to attend the meeting due to urgent business keeping him in Sacramento, and therefore this item would have to be rescheduled. B. Proposed Menuhin Property Addition to Sierra Azul Open Space Preserve - Limekiln Canyon Area {Report R-188-40 of April 20 , 1988) H. Grench gave an overview of the three acquisition items on the agenda, noting that all three were additions to the Sierra Azul Open Space Preserve and totalled approximately 350 acres. W. Goggin reviewed the terms of the purchase agreement, noting that the District would pay $300, 000 in cash and that the acquisition was a bargain sale. He said that as part of the transaction, William E. Duncan, an adjacent property owner and real estate broker who had assisted in the transaction, requested that an easement through his property to the Menuhin property be extinguished. W. Goggin said that the agreement provides for a quitclaim of the easement right. William E. Duncan, 19750 Alma Bridge Road, Los Gatos, suggested that a small portion of his property be traded to the District for a corner of the proposed acquisition in order to ensure his privacy and provide for a fire lane. He requested that this potential trade be included in the proposal under consideration. He requested the District ' s permission to erect barricades to prevent trespassing by four-wheel drive vehicles. H. Grench said that access, gating, fire protection, and privacy needed to be discussed with the Duncans. He said that, concerning Mr. Duncan' s proposal of a land trade, it would be proper for the Board to direct staff to work with the Duncans and return to the Board with a recommendation. K. Duffy said that she felt that an accommodation such as the one Mr. Duncan suggested was reasonable for consideration. D. Woods showed slides of all three proposed acquisitions . D. Hansen said that staff will work with Mr. Duncan and reviewed the preliminary use and management Meeting 88-09 Page three recommendations for the property. He said that staff recommends that the property be designated a Conservation Management Unit because there is no general public access at this time. R. Bishop asked if an indication of intention to dedicate the property would inhibit a potential land trade. H. Grench said that there would be no problem until the property is actually dedicated. Motion: R. Bishop moved that the Board adopt Resolution 88-12, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, 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 Menuhin) . T. Henshaw seconded the motion. Discussion: R. McKibbin asked why dedication of the property was being recommended. H. Grench said that Mr. Menuhin had expressed the hope that the property would be dedicated, and said that dedication would honor Mr. Menuhin' s request. D. Hansen noted that most of the Limekiln Canyon Area was dedicated as public open space. Motion: R. Bishop moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, name the property as an addition to the Sierra Azul Open Space Preserve - Limekiln Canyon Area, indicate its intention to dedicate the property as open space, and direct staff to confer with Mr. Duncan concerning a possible land trade and other matters of mutual interest. T. Henshaw seconded the motion. Discussion: N. Hanko said that she was not comfortable dealing with the land trade specifically proposed without further exploration. R. Bishop said that his motion left the question of a land trade and the exact lands to be traded, if any, open. The motion passed 5 to 0. C. Proposed Hergerton Property Addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area (Report R-88-42 of April 18, 1988) W. Goggin reviewed the terms of the purchase agreement, stating that the District would pay $200, 000 cash plus a real estate commission of $2, 000. He said that Meeting 88-09 40 * 0 Page four $5, 000 would be withheld until a required cleanup of the property was completed. He said that the District will also purchase a house trailer on the property for $1, 500 that can be used as a caretaker residence. D. Hansen reviewed the preliminary use and management recommendations, noting that staff recommended that the property be designated a Conservation Management Unit. In response to a question from T. Henshaw, D. Hansen said that the area was mainly patrolled by the Sheriff ' s department, with occasional patrols by District rangers. Greg McClellan, 24300 Cattermole Road, Los Gatos, asked whether a permit would be sought for the trailer being acquired, as he felt it was an illegal structure. H. Grench said that the trailer ' s legal status had not been established, that the District would comply with County requirements, and that it was important to protect the structures in the meantime. K. Duffy asked if the adjoining Almaden Quicksilver County Park was now open to the public. R. Bishop said that it was open and that he would be leading a Sierra Club hike at the park on April 30. K. Duffy suggested that contact with the Almaden Quicksilver Park Association might be of benefit to the District. Motion: R. Bishop moved that the Board adopt Resolution 88-13, 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 Hergerton) . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, name the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate its intention to withhold the property from dedication at this time. T. Henshaw seconded the motion. The motion passed 5 to 0. D. Proposed Witt Property Addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area {Report R-88-41 of April 19, 1988) W. Goggin reviewed the terms of the purchase agreement, noting that the purchase price was $235, 000, plus a $7 , 065 broker' s commission. Meeting 88-09 Page five D. Hansen said that the Preliminary Use and Management Plan recommendations should include a statement concerning cleanup of debris on the site. G. McClellan requested that the Board not make a decision concerning purchase of the property until he could consult his attorney. He said that he holds prescriptive rights to use the Witt property for access , utilities, and water. H. Grench said that it was necessary to proceed with the transaction because of the timeline in the option agreement. He said that staff would be willing to meet with Mr. McClellan to discuss access rights . G. McClellan said that he has been maintaining Cattermole Road and asked if the District would take over the maintenance of the road when it had acquired the property. K. Duffy said that the District ' s usual procedure was to enter into a road maintenance agreement in which the District would pay its fair share. D. Hansen said that the property would be included and studied in the potential Mt. Umunhum Area master plan; that public access would not be encouraged at this time, and that there would be ample opportunity for staff to work with Mr. McClellan on his concerns. Motion: R. Bishop moved that the Board adopt Resolution 88-14 , 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 Witt) . T. Henshaw seconded the motion. The motion passed 5 to 0 . Motion: R. Bishop moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report and amended to include cleanup of the site; name the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area; and indicate its intention to withhold the property from dedication at this time. T. Henshaw seconded the motion. The motion passed 5 to 0. E. Field Trip With Santa Clara County Parks and Recreation Commission (Report_R-184-43 of April 19 , 1988) H. Grench said that it was necessary to schedule formally the field trip and to authorize the President to send letters of invitation to the Commission members. He said that the proposed tour route may be revised somewhat and that members of the public will be Meeting 88-09 Page six accommodated. He said that the Parks and Recreation Commission had agreed to the June 11 date at their last meeting, and indications were that the tour would be well attended. Motion: K. Duffy moved that the Board schedule a special meeting for 8 : 30 A.M. , Saturday, June 11 , convening at Rancho San Antonio County Park for the purpose of hosting a field trip joint meeting with the Santa Clara County Parks and Recreation Commission and authorize the President of the Board of Directors to issue the invitation. T. Henshaw seconded the motion. The motion passed 5 to 0. VII. INFORMATIONAL REPORTS T. Henshaw said that she had a copy of the proposed route for the Ring Around the Bay Trail, which she would be happy to lend to interested Board members. K. Duffy reported that she and H. Grench had met with the Los Gatos Parks Commission and Town Council and that a field trip with the Commissioners was scheduled for May 5 to look at two properties above Los Gatos . R. Bishop said that he appreciated the biographical sketch of Mr. Menuhin that had been included in the packet material. R. McKibbin reported that he had attended a luncheon honoring volunteers in the Los Altos and Los Altos Hills area and that it was a very worth while event. VIII .CLAIMS Motion: N. Hanko moved that the Board approve the Revised Claims 88-08 . R. Bishop seconded the motion. The motion passed 5 to 0. IX. CLOSED SESSION H. Grench announced that there was no need for a closed session, and none was held. X. ADJOURNMENT The meeting was adjourned at 9:00 P.M. Joan Combs Secretary The minutes of the meeting were approved as corrected. i