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HomeMy Public PortalAbout19880525 - Minutes - Board of Directors (BOD) *446 W= am 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,