HomeMy Public PortalAbout19890111 - Minutes - Board of Directors (BOD) 40 -k. Aid. so Meeting 89-01
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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