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HomeMy Public PortalAbout19890111 - Minutes - Board of Directors (BOD) 40 -k. Aid. so Meeting 89-01 wk. 0 amw 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 JANUARYL1, 1989 MINUTES I . ROLL CALL President Katherine Duffy called the meeting to order at 7 : 30 P.M. Members Present: Richard Bishop, Katherine Duffy, Robert McKibbin, Teena Henshaw, Edward Shelley, Nonette Hanko, and Gerry Andeen. Personnel Present: Herbert Grench, Craig Britton, Mary Hale, Jean Fiddes , Del Woods , James Boland, Stanley Norton, Mary Gundert, and Joan Combs . II . APPROVAL OF MINUTES December_14,, 1988 Motion: R. Bishop moved that the Board approve the minutes of December 14 , 1988 . E. Shelley seconded the motion. The motion passed 6 to 0 , with R. McKibbin abstaining from the vote as he was not present at the meeting. December 16 , 1988 Motion: E. Shelley moved that the Board approve the minutes of December 16 , 1988 . G. Andeen seconded the motion. The motion passed 5 to 0 with T. Henshaw and R. McKibbin abstaining from the vote as they were not present at the meeting. III . WRITTEN COMMUNICATIONS J. Combs stated that the Board had received the following written communications : 1) a letter, dated December 27 , 1988 , from Thomas Jordan, Hopkins & Carley, 150 Almaden Boulevard, San Jose , representing Dr . Kang Ming Ho, concerning the proposed access road to California Western University across St. Joseph' s Hill Open Space Preserve; Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 89-01 Page two 2) a letter, dated December 4 , 1988 , from Beverly Liston, 846 Hierra Court , Los Altos , complimenting District rangers. The Board concurred that no response was necessary to that letter. 3) a letter, dated December 22, 1988 , from Thomas Southworth, 262 Mariposa Avenue, Mountain View, concerning possible safety problems at Windy Hill Open Space Preserve. K. Duffy stated the consensus of the Board to forward the response prepared by staff . E. Shelley suggested a statement be added to the letter advising Mr. Southworth to subscribe to agendas in order to keep apprised of items relating to Windy Hill Open Space Preserve. K. Duffy requested this statement be added to the letter. Referring to Mr. Jordan' s letter , K. Duffy said that the Board must decide whether or not to place Mr. Jordan' s request to address the Board on the subject of the proposed road on a future agenda. S . Norton noted that the Board had not adopted a resolution urging the Los Gatos Town Council to delay extending Dr. Ho ' s conditional use permit, as alleged in Mr. Jordan' s letter, but had passed a motion that the President send a letter to the Town Council and that Legal Counsel send a letter to the developer and others involved. Mr. Jordan, who was present at the meeting, explained the reasons he felt he should be permitted to make a 15-minute presentation to the Board. K. Duffy said that she had attended the December 19 meeting of the Los Gatos Town Council and essentially stated what had been contained in her letter to the Council . R. Bishop stated that he felt that Mr. Jordan should be given the opportunity to address the Board, and E. Shelley concurred. Motion: R. Bishop moved that the subject requested in Mr. Jordan' s letter be placed on the January 25 agenda. E. Shelley seconded the motion. The motion passed 7 to 0 . H. Grench asked whether Mr. Jordan wanted a written response to his letter,and Mr. Jordan said no. S. Norton stated that no written response to Mr. Jordan' s letter was required. D. Hansen summarized the workshop, which D. Woods had attended, at which the Los Gatos Town Council had discussed the proposed road and said that the Council had directed its consultant to look at alternate alignments, including alignments narrower in width Meeting 89-01 s Page three and/or on adjacent properties . He said a recommendation is expected early in February from the consultant who had been hired. S. Norton stated that no written response to Mr. Jordan' s letter was required. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA K. Duffy stated that the agenda was adopted by Board consensus . VI. BOARD BUSINESS A. Election of Board Officers for 1989 R-89-04 0 0 X dated December 15, 1988, J. Fiddes reviewed the procedure for election of Board officers, in which the ballots , including the name of the person voting, are available to the public, and she counted the ballots . The following Board members were elected to serve as officers during the coming year: President - Gerry Andeen Vice-President - Nonette Hanker Treasurer - Teena Henshaw Secretary - Richard Bishop R. Bishop presented a gift to K. Duffy on behalf of the Board. G. Andeen thanked the Board for the honor of being asked to serve as President for the coming year. B. Proposed Addition of Young Property to Mt . Umunhum Area of Sierra Azul Oven Space Preserve (Report R-89-09 dated January_4_, 1989) C. Britton reviewed the staff report, noting that the purchase price was $50, 000 payable in cash at close of escrow for this 12. 81-acre property. He said that the District qualified for reimbursement on this acquisition under the District ' s Proposition 70 allocation. D. Hansen showed slides of the proposed acquisition, as well as slides of two other proposed property additions included on the agenda. He said that the site clean- up recommendation included in the Preliminary Use and Management Plan Recommendations for the property should be amended somewhat, as the existing shed mentioned in the report is most probably on adjoining property. H. Grench said that in that case the shed will be removed from the previously acquired Keith property. Meeting 89-01 Page four Motion: R. Bishop moved that the Board adopt Resolution 89-01, 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 Young et al . ) . K. Duffy 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 contained in the staff report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. K. Duffy seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board indicate its intention to withhold the property from dedication as public open space at this time. K. Duffy seconded the motion. The motion passed 7 to 0. C. Proposed Addition of Fontana Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-07 dated January 4, 1989,01 C. Britton stated that the purchase price for this 157- acre property would be $192, 800. D. Hansen said that no special cleanup was required on the site, and that the site would be designated as a Conservation Management Unit, with no public access at this time. Motion: K. Duffy moved that the Board adopt Resolution 89-02, 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 Fontana et al . ) . N. Hanko seconded the motion. The motion passed 7 to 0 . Motion: K. Duffy moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an Meeting 89-01 Page five addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. N. Hanko seconded the motion. The motion passed 7 to 0 . Motion: K. Duffy moved that the Board indicate its intention to withhold the property from dedication as public open space at this time. N. Hanko seconded the motion. The motion passed 7 to 0. D. Proposed Addition of Peninsula Open Space Trust Property to Kennedy Road Area of Sierra Azul Open Space Preserve (Report R-89-12 dated January 6, 1989) C. Britton noted that Peninsula Open Space Trust had owned the property since 1986, and that the District now had the opportunity to acquire the property in cooperation with the Town of Los Gatos . He said that the cash purchase price was $300 , 000 and that the Town will contribute $100, 000 toward the acquisition this fiscal year, plus a $50, 000 contribution from its 1989- 1990 open space acquisition allocation. He noted that the Joint Powers Agreement requires dedication of the property, but that the Board could reverse its intention to dedicate the property if the final $50 , 000 is not paid by the Town of Los Gatos. He said that the Town had already approved the project in concept. T. Henshaw suggested that a letter be sent to the Town thanking them as a Council after the agreement is executed. D. Hansen said that the Santa Clara County Trails Plan shows a trail going through the property, with access from Blackberry Hill Road. Motion: K. Duffy moved that the Board adopt Resolution 89-03 , 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 Peninsula Open Space Trust) . R. Bishop seconded the motion. The motion passed 7 to 0. Motion: K. Duffy moved that the Board adopt Resolution 89-04, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Meeting 89-01 0 *0 Page six Execution of Joint Powers Agreement for Purchase of Real Property, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space Easement, 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 Peninsula Open Space Trust) . R. Bishop seconded the motion. The motion passed 7 to 0 . Motion: K. Duffy moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Kennedy Road Area of Sierra Azul Open Space Preserve. R. Bishop seconded the motion. The motion passed 7 to 0 . Motion: K. Duffy moved that the Board indicate its intention to dedicate the property as public open space subject to the terms of the Joint Powers Agreement with the Town of Los Gatos . R. Bishop seconded the motion. The motion passed 7 to 0. H. Grench stated that it was in the District' s interest to have the property annexed to the Town of Los Gatos, so that the Town could provide emergency police services, noting that annexation was not a part of the Joint Powers Agreement . Motion: K. Duffy moved that the Board request the Town of Los Gatos to annex the property. R. Bishop seconded the motion. The motion passed 7 to 0 . E. Renewal and Amendment of Legislative Consulting Services Contract With Jackson/Barish & Associates (Report R-89-11 dated January 5, 198 01, H. Grench stated that Ralph Heim had done an outstanding job as the District ' s legislative consultant and said that the new agreement with Jackson/Barish & Associates involved three changes from the present contract: 1) putting the contract on a full two-calendar-years basis; 2) a 10% increase in the total monthly fees; and 3) separating out-of-pocket expenses from the basic fees. Motion: T. Henshaw moved that the Board authorize the President to execute the Consultant Services Agreement with Jackson/Barish & Associates. N. Hanko seconded the motion. The motion Meeting 89-01 #A 46 Page seven passed 7 to 0. F. Authorization to Purchase a Tractor with Mower Attachment and Transport Trailer (Report R-89-08 dated January 5, 1989) J. Boland said that staff had determined that Smith Equipment was the lowest responsible bidder. Motion: N. Hanko moved that the Board approve the purchase of a tractor with boom flail mower and transport trailer in the amount of $35, 827 . 55 from Smith equipment of Escondido. R. McKibbin seconded the motion. The motion passed 7 to 0. G. Award of Contract for Alpine and Horseshoe Dams Stability Evaluation at Skyline Ridge Open Space Preserve (Report R-89-06 dated December 27, _1988) D. Hansen said that the San Mateo County geologist had recommended extensive studies on both dams after reviewing the plans and specifications for the Skyline Ridge development project. He said that District staff recommended that the study be undertaken by William Cotton and Associates for a fee not to exceed $13, 500. Motion: E. Shelley moved that the Board authorize the President to sign the consultant contract with William Cotton and Associates for an amount not to exceed $13 , 500. R. McKibbin seconded the motion. The motion passed 7 to 0. H. Skyline Ridge Open Space Preserve Development Project Review and Approval of Force Account Schedule (Report R-89-10 dated January 5, 1989) D. Hansen said that the force account schedule for the Skyline Ridge Open Space Preserve development project is expected to exceed the amount allowed by the State, noting that the Board has the option to elect to construct improvements by force account rather than soliciting competitive bids. K. Duffy suggested that the phrase "relatively inaccessible areas" in section c) on the second page be changed for the sake of clarity. G. Andeen stated that it was the Board' s consensus to change the wording to "strategically placed in. " Motion: K. Duffy moved that the Board adopt Resolution 89-05, a Resolution of the Board of Directors of the Midpeninsula Regional Meeting 89-01 Page eight Open Space District Electing to Purchase Materials and Supplies in the Open Market and to Construct Improvements by Force Account (Skyline Ridge Open Space Preserve Public Access Improvements) . R. McKibbin seconded the motion. The motion passed 7 to 0. I. Appointment of Budget Committee (Report R-89-05 dated January 4, 1989) K. Duffy and R. Bishop stated that they would not be able to serve on the Budget Committee because of time constraints. President Andeen reappointed N. Hanko and appointed R. McKibbin to the Budget Committee to serve with Treasurer T. Henshaw. Motion: R. Bishop moved that the Board approve the President ' s Budget Committee appointments . E. Shelley seconded the motion. The motion passed 7 to 0. H. Grench reviewed the charges to the Budget Committee as earlier agreed upon by the Board, as well as the third item in the report dealing with the Budget Committee ' s role in gathering information and meeting with Board appointees to recommend possible salary changes. Motion: R. Bishop moved that the Board charge the Budget Committee as recommended in paragraph 2, subparagraphs a, b, c, d, and e of the report. K. Duffy seconded the motion. Discussion: E. Shelley said that he felt there were still questions concerning the Board' s charge to the Committee with respect to the geographical distribution of projects. Motion to Amend: E. Shelley moved that the Budget Committee also be charged to return to the Board with recommendations taking into account the geographical distribution of projects if the Committee finds that, in its opinion, resources are inadequate to carry out the entire proposed Action Plan. The motion to amend passed 7 to 0 . The original motion passed 7 to 0. Motion: R. Bishop moved that the Board adopt the charge to the Budget Committee stated in paragraph 3 on page 1 concerning the Meeting 89-01 Page nine duty of the Committee to recommend possible salary changes for Board appointees . E. Shelley seconded the motion. The motion passed 7 to 0 . VII. INFORMATIONAL REPORTS N. Hanko said that she had received an invitation to attend a meeting next month in Sonoma County concerning the possible establishment of an open space district in that area. She said that she will give a report on the meeting and that S. Norton and H. Grench had also been invited to attend. T. Henshaw reported that she had vacationed in Britain' s Cotswolds and had enjoyed the ability to hike over easements that crossed private property. She said that she wished the District could work toward such a system in cooperation with landowners, particularly in the Skyline area. H. Grench reported that R. Bishop, A. Cummings, and he had attended a meeting of the San Carlos Planning Commission concerning the Draft Environmental Impact Report on the proposed Benedetti property development. He said that staff comments on the draft EIR were included in this meeting' s packet. He reported that the Commission had voted not to certify the EIR and had agreed to hold a public field trip on the Benedetti property, contingent on resolving possible liability problems . He was informed later that the problems could not be resolved, and the trip was cancelled. He suggested that the San Carlos Planning Commission be invited to hold a public field trip on Pulgas Ridge Open Space Preserve, which would provide an overview of the Benedetti property. G. Andeen stated that it was the consensus of the Board to invite the San Carlos Planning Commission to hold a public field trip on the District ' s preserve. D. Hansen reported that staff was proceeding with a study of remaining material and capping the dump on the former Hosking property, and said that new dumps had appeared on the property, and that apparently toxic materials had been dumped. He reported the dumping of two 55 gallon drums of oil on the property on January 10 , 1989, which is being investigated by the County's Environmental Health Department. He said that District staff will continue to monitor the situation and will take swift and firm action to get the problem abated. VIII.CLAIMS Motion: E. Shelley moved that the Board approved Revised Claims 89-01 . T. Henshaw seconded the motion. The motion passed 7 to 0 . Meeting 89-01 ft Page ten IX. CLOSED SESSION S. Norton stated that there were no litigation matters to discuss in Closed Session. The Board recessed to Closed Session at 9:10 P.M. to discuss land negotiation matters . X. ADJOURNMENT The Board reconvened to adjourn the meeting at 10:05 P.M. Joan Combs Secretary