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.
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