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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