HomeMy Public PortalAbout19890426 - Minutes - Board of Directors (BOD) Meeting 89-10
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 MEETI-1\TG
BOARD OF DIRECTORS
A_o_r i 12 6 , 1989
MINUTES
ROLL CALL
President Gerry Andeen called the meeting to order at 7 : 30 P .M.
Members Present : Katherine Duffy, Robert McKibbin, Teena Henshaw,
Nanette Hanko, Gerry Andeen, and Richard Bishop. E . Shelley arrived
at 7 : 34 P.M.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes , Mary Hale, Stanley Norton, and Cecilia Cyrier .
APPROVAL OF MINUTES
April 12 , 1989
Motion: T. Henshaw moved that the Board approve the minutes of the
meeting of April 12 , 1989 . K. Duffy seconded the motion .
The motion passed 5 to 0 with N. Hanko abstaining from the
vote because she did not attend the meeting . E . Shelley
was not present for the vote .
III . WRITTEN COMMUNICATIONS
C . Cyrier stated that the Board had received the following written
communications :
1 . a letter , dated April 13 , 1989 , from John Kennedy of Hopkins &
Carley, a Law Corporation, 150 Almaden Boulevard , San Jose,
representing Dr. Kang Ming Ho, requesting the restoration of
fencing and posting of signs on St . Joseph ' s Hill Open Space
Preserve ;
2 . a letter , dated April 4 , 1989 , from Dan and Diane Chambers ,
P.O. Box 967 , Saratoga , requesting permission to obtain
electrical power from a PG&E pole located on District land and
requesting that District land being used by a private
individual be cleaned up;
3 . a letter , dated April 6 , 1989 , from Paul M. Valle-Riestra of
the Law Offices of Robert J. Logan, 152 North Third Street , San
Jose , on behalf of their client , Loren McQueen, requesting
improved security on Mt . Umunhum Road; and
4 . a letter , dated April 12 , 1989 , from Hermia James , 4195 George
Avenue , San Mateo , reporting on the injuries she sustained when
hit by a mountain bicyclist while hiking on District land.
Herbert Grench,General Manager,,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop
Meeting 89-10 Page two
C . Cyrier said that a draft response was attached to each letter.
Mr. Dan Chambers addressed the Board regarding the request in his
letter , noting that the power pole was within feet of his property
and that the power could not be put underground. Discussion focused
on the illegal placement of the pole by P.G.& E. on District land,
the outright granting of an easement being construed as a misuse of
public funds , and possible ways to solve the situation. G. Andean
stated that the Board wanted staff to pursue ways to resolve the
matter, including a possible trade or lease of District land , the
possibility of relocating the power pole, and the possibility of
granting a utility easement over District property.
E. Shelley requested that the Board discuss the Chambers ' property
in Closed Session under land negotiations to give instructions to
staff on negotiations .
G. Andeen stated that the draft responses to the four letters were
approved by Board consensus .
IV. ORAL COMMUNICATIONS
There were no oral. communications .
V. ADOPTION OF AGENDA
G. Andeen stated that the agenda was adopted by Board consensus .
VI . PUBLIC HEARING
A. Annexation of Former Stanford University
_vtK§ t Property Portion of
Russian Ridge Open Space Preserve (Report R-89-69 of April 13,
1989)
G. Andeen declared the Public Hearing open at 8 : 05 P .M.
H. Grench reviewed the staff report noting that both San Mateo
County and Santa Clara County Local Agency Formation Commis-
sions had approved the annexation.
There were no comments or questions from members of the public .
Motion: E. Shelley moved that the Public Hearing be closed.
N. Hanko seconded the motion. The motion passed
7 to 0 .
G. Andeen closed the Public Hearing at 8 : 08 P .M.
Motion: N. Hanko moved that the Board adopt Resolution 89-26 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Annexing
Certain Property to the Midpeninsula Regional Open
Space District (Midpeninsula Preserves 1989 - Russian
Ridge) . E. Shelley seconded the motion. The motion
passed 7 to 0 .
Meeting 89-10 Page three
VII . BOARD BUSINESS
A. Final Ad9ption. of the Preliminary Use and Management Plan for
the Redwood Park Tax-Deeded Propertv Addition to Purisima Creek
Redwoods Qpen__ Spac_e _PKeserve {ReportR-89-71 of April 17 , 1989-).-
D. Hansen stated that escrow closed on the ten tax-deeded
parcels on April 6 and that staff had received no further
public comment . He said that staff was working with San Mateo
County staff on the transfer of the County ' s Redwood Park tax-
deeded parcels to the District.
Motion: K. Duffy moved that the Board adopt the Preliminary
Use and Management Plan for the Redwood Park tax-
deeded property addition to Purisima Creek Redwoods
Open Space Preserve , including the naming, as
contained in report R-88-130 . R. McKibbin 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. R. McKibbin seconded the
motion. The motion passed 7 to 0 .
B. Final Ado Lion of the Preliminary Use and Management Plan for
the Garza Property_ Additip�n . to Mt. Umunhum Area of Sierra Azul
Open....qpac_e__Preserve__IR ort_ R-89-70 of April 17 , 1-989.-)-
D. Hansen said that escrow had closed an the 40-acre property
addition to Sierra Azul Open Space Preserve on April 15 and
that staff had received no further public comment .
Motion: T. Henshaw moved that the Board adopt the Preliminary
Use and Management Plan for the Garza property
addition to Mt . Umunhum Area of Sierra Azul Open
Space Preserve, including the naming, as contained in
report R-89-40 . K. Duffy seconded the motion. The
motion passed 7 to 0 .
Motion: T. Henshaw 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 San Mateo Cognt_y PlAnning ion Policy Regarding
Additional Camp
sites in the County (Report R-89-77 of April 20
1989)
H. Grench reviewed the staff report and discussion centered on
types of permits needed from the County for development
projects on District lands , the impact the proposed policy
could have on the District, and the District ' s role in
providing appropriate camping facilities . With the Board ' s
concurrence, G. Andeen requested that R. Bishop and the General
Meeting 89-10 Page four
Manager attend a Planning Commission meeting to relay the
Board ' s concerns and reactions to the proposed policy and to
discuss the District ' s purpose and goals .
D. Proposed Addition of Wong Property to El Sereno Open Space
Preserve __(Repo_rt_R-89-74 of April 18 , 1989)
C . Britton said that this 10-acre parcel could provide a link
in a future trail system connecting Sanborn Skyline County Park
with El Sereno Open Space Preserve . He noted that terms of the
purchase agreement call for an all cash full purchase price of
$110 , 000 payable at close of escrow. He explained the reasons
that $10 , 000 of the purchase price was for a real estate
commission. D. Hansen showed slides of the property and
reviewed the use and management recommendations .
Motion® E. Shelley moved that the Board adopt Resolution 89-
27 , 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 (El Sereno Open Space
Preserve, Lands of Wong et al . ) . R. McKibbin
seconded the motion. The motion passed 7 to 0 .
Motion: E. Shelley 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 El Serene Open Space
Preserve, and indicate its intention to withhold the
property from dedication as public open space at this
time. R. McKibbin seconded the motion. The motion
passed 7 to 0 .
G. Andeen stated this was the first time that the property had
been discussed by the Board since it is under 20 acres in size .
The Board recessed for a break at 8 : 45 P.M. and reconvened at
8 : 50 P .M.
E. P posed Addition of Fletcher to La Honda Creek e
__K_q _pej���
Space Preserve (R.eport�R-89-75of April 19 ,_ 1 _89)
C . Britton said that this one-acre inholding is surrounded on
three sides by La Honda Creek Open Space Preserve and that the
terms of the purchase agreement call for an all cash purchase
of $155 , 000 payable at close of escrow. He noted that the
house on the property will continue to be rented by the
Enterprise Subprogram until final determination of public use
is made of the area .
Meeting 89-10 Page five
D. Hansen noted that the property fronts on La Honda Road and
not on Skyline Boulevard as stated in the staff report . He
reviewed the use and management recommendations for the
property.
Motion: E. Shelley moved that the Board adopt Resolution 89-
28 , 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 (La Honda Creek Open
Space Preserve , Lands of Fletcher et al . ) . N. Hanko
seconded the motion.
Discussion: G. Andeen said that he did not support
the acquisition, noting that the property has a low
rating on the Master Plan , that the parcel is not
needed as an entrance to the preserve , that develop-
ment plans are incomplete , and that he would prefer
the amount of the purchase price be spent on trail
development .
E. Shelley and R. McKibbin spoke in favor of the
acquisition, noting that inholdings needed to be
purchased whenever possible and that the creekside
needed to be preserved.
The motion passed 6 to 1 with G. Andeen voting
against the motion for reasons stated above.
Motion: E. Shelley 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 La Honda Creek Open Space
Preserve , and indicate its intention to withhold the
property from dedication as public open space at this
time . 11. Hanko seconded the motion. The motion
passed 6 to 1 . G. Andeen voted against the motion
for reasons stated above .
G. Andeen stated this was the first time that the property had been
discussed by the Board since it is under 20 acres in size .
F. Proposed Acquisition of Quitclaim to Ravenswood Spur from
Southern Pacific Traqn1sportation Company (Rtpqrt_,R-89-76 dated
AP-Kilk_;0__, 9 8 9
C . Britton showed the location of the abandoned single track
railway line and reviewed the processes that needed to be
completed before an agreement could be negotiated with Southern
Pacific to acquire trail rights on the easement . He said that
under the terms of this acquisition the District would acquire
an easement over and be responsible for the northern half of
the 1 . 2 miles of the abandoned Ravenswood spur . The City of
East Palo Alto has agreed to accept the responsibility of the
Meeting 89-10 Page six
portion of the right of way extending southerly from the east
end of Purdue (Pomona) Avenue to Pulgas Avenue . C . Britton
said that the cost of the quitclaim to be paid by the District
will be $1.918 . D. Hansen reviewed the use and management
recommendations and showed slides .
Motion: N. Hanko moved that the Board adopt Resolution 89-29 ,
a Resolution of the Board of Directors of the Mid-
peninsula Regional Open Space District Authorizing
Execution of 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 (Ravenswood Open Space
Preserve - Southern Pacific Transportation Company) .
R. Bishop seconded the motion. The motion passed 7
to 0 .
Motion: N. Hanko moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in the report which relate only to the
portion of the easement being acquired by the
District , including naming the easement as an addi-
tion to Ravenswood Open Space Preserve , and indicate
its intention to withhold the District portion of the
easement from dedication at this time . R. Bishop
seconded the motion. The motion passed 7 to 0 .
G. Action Plan Pro_qiam Evaluation for 1988-1.989 Fiscal. Year
_(Report R-89-72 dated April 19 ,1989)
H. Grench stated that the Action Plan program evaluation was
for the nine-month 1988-1989 fiscal year and that program
leaders would summarize some of the highl-ights of the year .
C . Britton reported that all specified projects under
Proposition 70 were completed except for the $985 , 000 allocated
for connections between District preserves and Castle Rock and
Portola State Parks .
D. Hansen noted that the plans and specifications for Skyline
Ridge Open Space Preserve improvements were completed and all
permits were obtained from the County, that construction on
Picchetti is underway, and that all improvements were completed
on Purisima Creek Open Space Preserve . He said that the
Volunteer Coordinator had initiated several successful projects
and that two Senior Ranger positions were filled. T. Henshaw
requested a summary update on the Volunteer Program and what
staff was doing in establishing the program.
M. Hale reported that the first of the new trail brochures
would be available for the special dedication event at Purisima
Creek Redwoods Open Space Preserve on Saturday, May 13 , that
the visitor ' s guide text has been reviewed by staff and
Meeting 89-10 Page seven
revisions will be made before presentation to the Board, and
that the art work for the new District seal , ranger patch, and
recognition pin is being reviewed by staff .
J. Fiddes stated the main activities for General Management and
Program Support centered on the change in the District ' s fiscal
year, overseeing budget preparation, and completing the revised
salary survey for General Manager appointees .
Motion: E. Shelley moved that the Board accept the program
evaluation for the 1988-1989 fiscal year . R. Bishop
seconded the motion. The motion passed 7 to 0 .
H. Legislative Pro ram Status Report (Re ort R-89-68_of _April 18_,
1989)
H. Grench reviewed the five additions to the legislative
program and their recommended priorities and summarized the
reasons for supporting creation of the American Heritage Trust
Act . He said that the third addition relating to SCA 1 ,
authored by Senator Garamendi , could be dropped and put in the
watch carefully category since Senator Garamendi had dropped
the portion of the bill that would impact the District . K.
Duffy recommended that the second addition relating to the
Board ' s borrowing power be given an "A" rather than a "B"
priority.
Discussion centered on the item relating to clarification of
the District ' s interpretation of the Brown Act . R. Bishop said
that he would like the Board to authorize that the General
Manager proceed with the legislative clarification and opinion
without having to return to the Board for further direction.
T. Henshaw stated that she would like the General Manager to
report back to the Board after he has learned more in
Sacramento.
Motion: N. Hanko moved that the Board adopt the additions to
the legislative program as presented in the staff
report with an amendment to change the priority from
"B" to "A" on item 2 and to watch or otherwise drop
item 3 . K. Duffy seconded the motion . The motion
passed 6 to 0 . T. Henshaw voted against the motion
for her reason stated above in regard to item 5 .
Motion: N. Hanko moved that the Board adopt Resolution 89-
30 , a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Supporting
Creation of the American Heritage Trust Act (HR 876) .
K. Duffy seconded the motion. The motion passed
7 to 0 .
T. Henshaw said that , following her recent visit with Ralph
Heim in Sacramento, she would like the Legislative Committee to
discuss ways that the District as an agency and the members of
Meeting 89-10 Page eight
the Board could increase the District ' s relationship with area
representatives and make them aware of the District ' s needs .
She suggested one or two planned activities during the year
that would increase the Board' s availability with the
legislators .
Motion : T. Henshaw moved that the Board request the Legis-
lative Committee to investigate mechanisms to create
increased District contacts on a regular basis with
state legislators and local officials and to report
back to the Board with recommendations . R. McKibbin
seconded the motion. The motion passed 7 to 0 .
I . Roberti-Z 'I?erc -Harris Urban Open Space and Recreation _Program
Grant for Fiscal Year 1989-1990 (Report R-89-73 of April 18.,
1989)
C . Britton stated that the District would be eligible to
receive $131 , 964 from Proposition 70 , the California Wildlife ,
Coastal and Parkland Conservation Act of 1988 , and $49 , 487 from
Proposition 99 , the Tobacco Tax and Health Protection Act of
1988 , if approved by the legislature . He said that the
District is required to provide one-third in matching funds ,
giving total project costs of $188 , 520 for Proposition 70 and
$70 , 696 for Proposition 99 .
Motion: E. Shelley moved that the Board adopt Resolution 89-
31 , a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving
the Application for Grant Funds Under the Roberti-
Z 'berg-Harris Urban Open Space and Recreation Program
(Additions to District Open Space Preserves) .
R. Bishop seconded the motion. The motion passed 7
to 0 .
VIII . INFORMATIONAL REPORTS
E. Shelley said that he and C. Britton had attended the April 18
Mountain View City Council meeting because the sale of the surplus
property at the corner of Shoreline Boulevard and Latham in which
the District is interested was on the agenda for consideration. He
said that there were not four votes for the project (only five of
the seven Council members were in attendance) and that he would
continue to pursue the matter with city staff .
R. Bishop reported that he and Alice Cummings had addressed the San
Carlos Planning Commission regarding the environmental impact report
for the Benedetti property. He said that the Commission voted
unanimously to send the report back for further review.
D. Hansen reported receiving Proposition 70 grant funds in the
amount of $10 , 000 for trails on Russian Ridge Open Space Preserve
and $194 , 000 for continued historic restoration at Picchetti . He
said that a Trails Clinic , organized by Senior Ranger Dennis
Meeting 89-10 Page nine
Danielson, was held on Friday, April 21 and the 55 attendees were
from 22 different agencies . He reported that five different proj-
ects on District land were part of the Saturday, April 22 Trails
Days .
H. Grench reported that he had attended the Coastal Conservancy
meeting the previous week to support the Conservancy ' s funding
approval of Peninsula Open Space Trust ' s Cowell Ranch project . He
said that a letter from the Town of Los Gatos requesting additional
financial assistance for the environmental impact report and road
study concerning St . Joseph ' s Hill Open Space Preserve was included
in Board meeting materials . He reminded the Board of the Not-So-
Annual Park and Open Space Regional Conference on April 28-30 .
Ix. CLAIMS
Motion: R. Bishop moved that the Board approve Revised Claims 89-
08 . T. Henshaw seconded the motion. The motion passed
7 to 0 .
X. CLOSED SESSION
S . Norton announced that there were no litigation matters to be
discussed in Closed Session. The Board recessed at 10 : 15 P .M. to
Closed. Session on land acquisition matters , including giving
instructions to the Board ' s negotiator on the Chambers ' property in
Steven ' s Canyon.
XI . ADJOURNMENT
The meeting was adjourned at 10 : 41 P.M.
Cecilia A. Cyrier
Secretary