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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 88-11
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
REGULAR MEETING
BOARD OF DIRECTORS
MAY 25, _19_88
MINUTES
I . ROLL CALL
President Katherine Duffy called the meeting to order at 7 : 35 P .M.
Members Present : Richard Bishop, Katherine Duffy, Robert McKibbin,
Edward Shelley, Teena Henshaw, Nonette Hanko, and Gerry Andeen.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean
Fiddes , Mary Hale , Stanley Norton, Walter Goggin, Del Woods , James
Boland, Joyce Nicholas , and Emma Johnson.
II . APPROVAL OF MINUTES
The approval of the May 11 , 1988 minutes was postponed until the next
Regular Board Meeting.
III . SPECIAL ORDER OF THE DAY
Members of the 1988 spring training program for volunteer docents were
introduced to the Board. President K. Duffy thanked J. Nicholas for
her excellent work as Volunteer Coordinator and welcomed the new
docents on behalf of the Board. She told them their job is very
important and urged them to keep the Board informed of their ideas and
Opinions .
N. Hanko said docents are a visible aspect of the District and
reiterated the Board' s interest in hearing from the docents about
District sites , as well as any suggestions for improvements they may
have . She noted that the Docent and Staff Appreciation Committee will
begin working on the appreciation event in the near future .
IV. CLOSED SESSION
The Board recessed to Closed Session at 7 : 40 P .M. to discuss aspects
of the proposed acquisition of the Teague Hill Open Space Preserve .
The Board reconvened at 7 : 55 P .M.
V. WRITTEN COMMUNICATION
E. Johnson stated that the Board had received the following written
communications :
1 . A letter received on May 6 , 1988 from Judy Milgram, 825 Cedro,
Stanford expressing her opinions on trails , parking lots , and use
of various preserves ;
2 . a letter , dated May 15, 1988 from Marilyn Walter , 20 Coyote Hill ,
Portola Valley, suggesting that signs be posted on the Windy Hill
Open Space Preserve to prohibit the picking of wildflowers and
Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop
Meeting 88-11 Page two
requesting that old trails on the Preserve be posted as closed
for erosion control ;
3 . a letter, dated May 12 , 1988 from Linda Fischman, 148 La Honda
Road, Woodside , regarding trespassers on her property and
questioning whether boundary signs have been posted on La Honda
Creek Open Space Preserve; and
4 . a letter, received from Douglas Lincoln, 100 Olde Drive , Los
Gatos, that was a cover letter for a copy of a request sent to the
Los Gatos Town Council regarding the access road through St .
Joseph' s Open Space Preserve .
K. Duffy, with the Board ' s approval , directed that staff respond to
the first three letters and that no response was needed for the cover
letter from Mr . Douglas .
N. Hanko asked about the content of the response to Mrs . Fischman. D.
Hansen responded that he anticipated that signs would be posted within
the next month and that he will contact Mrs . Fischman.
K. Duffy noted that she had received a copy of the Town of Los Gatos '
response to the letter from Mr. Lincoln and noted that the Town has no
plans to fence the road and had referred questions regarding the use
and management of St . Joseph ' s Open Space Preserve to the District .
VI . ORAL COMMUNICATIONS
There were no oral communications .
VII . ADOPTION OF AGENDA
K. Duffy stated an urgency item had been added to the agenda and that
the Board was required to vote on its addition. H. Grench explained
that the new agenda item concerning the grant application for Skyline
Ridge Open Space Preserve Development Project was an urgency item
because the grant application had to be mailed by June 1 and the Board
would not meet again before that date.
Motion: R. Bishop moved that the Board add the item concerning the
grant application to the agenda. R. McKibbin seconded the
motion. The motion passed 7 to 0 .
VIII# BOARD BUSINESS
A. Proposed Harris Proper Addition to the Fremont Older Oven Space
Preserve (Report R-88-55 of May 16 , 1988)
W. Goggin reported that the 1 . 22 acre parcel is part of the
Harris property that is encircled by the Fremont Older Open Space
Preserve . He said the owners had agreed to grant the District
the right of first refusal to purchase the remaining portion of
the 2. 25 acre property, which contains the Harris residence .
C. Britton said the price for the unimproved homesite parcel is
$177 , 500 and that the current estimated value of the remaining
1 . 03 acre residential property adjoining the parcel is $425, 000 .
D. Woods showed slides of the site and the location of the
building improvements .
Meet,ing 88-11 Page three
D. Hansen noted that the property could be incorporated into the
Fremont Older Open Space Preserve. He said that the Regional
Parks, Trails and Scenic Highways Element of the Santa Clara
County General Plan indicates an existing trail corridor adjacent
to the property and connecting to Stevens Creek County Park.
D. Hansen said Use and Management recommendations included
installation of private property signs and boundary plaques ,
seeding of graded areas , and removal of unnecessary fencing.
Responding to a question regarding the price of the property, C .
Britton said that two appraisals had been obtained and that the
value of the subdivided lot was estimated between $200, 000-
$300, 000 less costs of development, making the value between
$175, 000-$180, 000. He added that if the District did not buy the
property the owners were intending to sell to a private party who
intended to build a home on the site . R. McKibbin noted that a
dwelling on the site would have a severe visual impact on the
Preserve.
Motion: N. Hanko moved that the Board adopt Resolution 88-19, a
Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Authorizing Accep-
tance 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 (Fremont Older Open Space Preserve --
Lands of Harris) . T. Henshaw seconded the motion. The
motion passed 7 to 0 .
N. Hanko moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations,
including naming the property as an addition to the
Fremont Older Open Space Preserve, and indicate its
intention to dedicate the property as public open
space . T. Henshaw seconded the motion. The motion
passed 7 to 0 .
B. Proposed Acquisition of Teague Hill Open Space Preserve - (Willen
Corporation (Repor_t_R-88-59 of May 15 1988)
C. Britton introduced the proposed acquisition and said that the
624 acre property is contiguous to Huddart County Park and the
California Water Service property and is near Wunderlich County
Park, El Corte de Madera Creek and Purisima Creek Redwoods Open
Space Preserves . He said it is an extremely valuable watershed,
viewshed, and wildlife habitat. He stated that extensive work
had been completed, as part of the acquisition process , on the
possibility of partial development along the eastern boundary of
the property in the area that is adjacent to a number of dead-end
streets in the residential neighborhoods off Tripp Road.
C . Britton said that the proposed acquisition was one of the
projects proposed to be funded by California Wildlife , Coastal
and Parkland Conservation Bond Act Funds and that the purchase
agreement is contingent upon the passage of Proposition 70 on
June 7 .
Meeting 88-11 40 Page four
C. Britton stated that the purchase agreement provides for the
acquisition of the 63 .158% of the property owned by Willen
Corporation for $4, 736, 850. He said that the remaining 36 . 842%
interest is currently held by Block Brothers International and
that staff is continuing efforts to secure this remaining
interest in the property.
Discussion centered on the contingencies of the agreement. R.
Bishop asked what would happen if there were a legal challenge to
the Proposition 70 if it was passed by the voters . S. Norton
noted that any legal challenge would have to be filed within ten
days of passage and the District would have the right to withdraw
from the agreement. He noted that if a challenge were filed
after the ten day period, the District would be committed to
perform under the agreement or would have to attempt to renegoti-
ate the agreement.
C. Britton said that an anonymous donor had pledged $100 , 000 to
the District to assist in the purchase of the property. He
added that the District could reduce its cost up to $1 , 000 , 000 by
considering the possible partial development of ten lots at the
end of residential streets. T. Henshaw, K. Duffy, and E. Shelley
responded positively to the possibility of reduction of debt
through limited development. N. Hanko said she is not inclined
to develop District land.
D. Woods showed slides of the site including the dead-end
streets , easements and equestrian trail .
D. Hansen said that staff hired a consultant to assist with
exploratory planning of a potential partial development of 10
home sites and that several designs were prepared for the stub-
end streets which would aid in the management of these neighbor-
hood access points. He noted that gating, fencing, limited
parking, and low-key trail heads made up the elements of the
street-end designs . He stated that primary public access to the
property is proposed from adjacent Huddart County Park.
S. Norton said that District rangers would have the right to
access the property but he advised that the property should not
be opened to public use until the matter with the co-tenant,
Block Brothers, was resolved.
To G. Andeen' s question regarding parking availability, D. Hansen
responded that there is a nearby parking area off Kings Mountain
Road in Huddart Park now with planned extensive trailhead
additions proposed in the Huddart Park Master Plan. He said that
these parking areas could be developed with short access trails
connecting to the new preserve.
Robert Mueller, 495 Summit Springs Road, Woodside said that he is
in favor of the acquisition but does not want to have more
traffic and parking in the existing neighborhoods .
David Rammler, 30 Oakhill Drive, Woodside said that he applauds
Meeting 88-11 4 a Page five
what the District is doing. Be said that the area around Oakhill
Drive has had slides and public access would not be advisable.
Robert Zatkin of Woodside said that the soil in the area is
highly unstable and would cause trouble for any type of con-
struction.
Diane Prater, 30 Roan Place , Woodside said that she had not
received notification regarding the proposed acquisition in a
timely manner and questioned Legal Counsel on possible fore-
closure procedures should the District have a problem with
financing. S. Norton responded that, in his opinion, it is not a
practical problem. C. Britton, responding to a question from Ms .
Prater, said percolation tests would be done if the District were
to proceed with partial development of the lots .
Ciddy Wordell, representing the Town of Woodside, read a letter
to the Board from the Mayor of Woodside, Barbara Seitle. She
said that the Town concurs with the information and conclusions
in the staff report; that the Town has considered development
potential of the property for many years; and that development
would be difficult based on serious physical and geotechnical
constraints. The Mayor said that a quorum of the Town Council
enthusiastically supports the District ' s acquisition of the
property.
C. Britton reported that Mr. Lennart G. Erickson, who owns a lot
on Kings Mountain Road that could be used for access for the
potential development, had indicated that he would sell the 1. 8
acre parcel to the District for its appraised value, but would
require right of first refusal if the entire property were
developed. S. Norton reported that he had prepared language
related to the 1 . 8 acre lot that could be used as a contingency
for the Willen property purchase.
E. Shelley asked how the contingency would be satisfied for the
record. The Board concurred that the General Manager should
report to the President of the Board directly and the full Board
at the Board' s next meeting if the condition had been satisfied.
Motion: R. Bishop moved that the Board adopt Resolution 88-20 ,
a Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Authorizing Accep-
tance of Real Property 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 to Closing of the
Transaction (Lands of Willen Corporation et al)
provided, however, that the authorizations granted by
the resolution shall be contingent upon the District ' s
obtaining from Lennart G. Erickson an agreement upon
terms satisfactory to the District ' s General Manager
for the acquisition of the approximately 1 . 8 acre
subdivided lot between Summit Springs Road and the
subject property, as referred to in the letter from L.
Meeting 88-11 48 #a Page six
Erickson to H. Grench dated May 25, 1988 . N. Hanko
seconded the motion. The motion passed 7 to 0 .
Motion: R. Bishop moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations ,
name the property Teague Hill Open Space Preserve, and
indicate its intention to withhold the property from
dedication at this time. N. Hanko seconded the motion.
The motion passed 7 to 0 .
K. Duffy called a recess at 9 : 50 P .M. and reconvened the meeting
at 10:00 P.M.
C. Limited Develo went A regiment With the Town of Portola Valle y for
Portion of Windy Hill Open Space Preserve (Report R-88-58 of, M_nay
1_8, 1988)
C. Britton reported that the Board had conceptually approved the
Agreement when the District acquired the Slobe property and that
the Town of Portola Valley had conceptually approved the parking
lot. He said that the Agreement would address the issues of
Conditional Use Permit procedures , adherence to the Town ' s
existing General Plan, zoning, subdivision and site development
ordinances , provision for minor collector road if necessary, and
the Town finding the project to be in conformity with its General
Plan. He added that the District will apply for the Conditional
Use Permit and submit plans and that the procedure is expected to
take at least six months.
Motion: N. Hanko moved that the Board adopt Resolution 88-21 , a
Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Approving and
Authorizing Execution of Limited Development Agreement
With the Town of Portola Valley and Authorizing the
General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing of the Transaction
(Windy Hill Open Space Preserve) . E. Shelley seconded
the motion. The motion passed 7 to 0 .
D. Continuation of LDiscussion
(g,t�rt�R7-_88-57_ of May 16 , 1988)
Motion: T. Henshaw moved that the item be tabled to the Board' s
next regular meeting. R. Bishop seconded the motion.
The motion passed 7 to 0 .
E. Scheduling t R-88-54 of May 12 ,
1988)
H. Grench reported that the Special Meeting is for the purpose of
evaluating the performance of the General Manager, Legal Counsel ,
and Controller.
Motion: E. Shelley moved that the Board schedule a Special
meeting for June 6 , 1988 at 7 :30 P.M. to hold a Closed
Session for the purpose of evaluating the performance
of the General Manager, Legal Counsel , and Controller.
N. Hanko seconded the motion. The motion passed 7 to
0 .
Meeting 88-11 Page seven
F. 88 Fiscal Year (R,�0 �'t R-88-53
of May 9 , 1988)
M. Foster reported that he had received a second quote from
another auditing organization, but the quote was the same amount
as Deloitte, Haskins and Sells ' bid. He recommended that
Deloitte, Haskins and Sells be named as the District ' s auditors
as they have performed services in a competent and professional
manner.
Motion: E. Shelley moved that the Board appoint Deloitte,
Haskins and Sells as the District ' s auditors for the
fiscal year 1987-1988 . T. Henshaw seconded the motion.
The motion passed 7 to 0.
G. Proposed Land and Water Conservation Fund Application for Trail
Construction Project at Skyline Ridge Ppen _SpAc�e Prqserye_ (]kgr_t
R-88-60 of May 25, 198�8)
D. Hansen reported that the Land and Water Conservation Fund has
only $280 , 000 allocated for northern California projects this
year and that the program requires 50% matching funds . He added
that the continuation of the Skyline Trail from Horseshoe Lake
area to the southern boundary of Skyline Ridge is the proposed
project for the grant.
H. Grench noted that the project is expected to cost approxi-
mately $50, 000, and the District is applying for half that
amount.
Motion: R. Bishop moved that the Board adopt Resolution 88-22 ,
a Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Approving the
Application for Land and Water Conservation Funds for
the Skyline Ridge Open Space Preserve Skyline Trail
Development Project. N. Hanko seconded the motion.
The motion passed 7 to 0
IX. INFORMATIONAL REPORTS
H. Grench reported on the hearing he had attended on SB 2581 . He said
this legislation for the new open space authority in southern Santa
Clara County would allow cities to elect not to be in the authority
and would require a 4/5 vote to use eminent domain. He added that if
the eminent domain vote was contested it would have to be approved by
the local LAFCO.
H. Grench reported that staff took several members of the San Mateo
County Grand Jury on a tour of Pulgas Ridge Open Space Preserve.
E. Shelley reported on the Special Park District Forum in Washington,
D.C.
D. Hansen said that G. Andeen, R. McKibbin, and some District staff
members had met with South Skyline residents and the California
Department of Forestry to discuss wild fire protection for the coming
summer. R. McKibbin said the residents questioned controlled burns ,
adding that the California Department of Forestry is very interested
Meeting 88-11 4 a 4 a Page eight
in controlled burn programs and that they would supply most of the
labor and funding.
H. Grench reported that over 200 people attended the recent Fremont
Older House tours.
X. REVISED CLAIMS
Motion: N. Hanko moved that the Board approve Revised Claims 88-10.
R. Bishop seconded the motion. The motion passed 7 to B.
XI . CLOSED SESSION
The-Board recessed to Closed Session at 10 : 50 P.M.
XII. ADJOURNMENT
The meetingwas adjourned at 11:03 P.M.
Emma Johnson
Secretary
The minutes of the meeting
were approved as corrected,