HomeMy Public PortalAbout19890628 - Minutes - Board of Directors (BOD) Meeting 89-16
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
June 28,1989
MINUTES
I . ROLL CALL
Vice-President Nonette Hanko called the meeting to order at 6 : 00
P .M.
Members Present : Katherine Duffy, Robert McKibbin, Teena Henshaw,
Edward Shelley, and Nonette Hanko . Richard Bishop arrived at 7 : 30
P .M.
Member Absent : Gerry Andeen.
Personnel Present: H. Grench, C . Britton, and M. Foster .
II . CLOSED SESSION
The Board recessed to Closed Session on land acquisition matters .
III . PUBLIC SESSION
Vice-President Nonette Hanko called the public portion of the
meeting to order at 7 : 35 P .M.
Additional Personnel Present : J . Fiddes , M. Hale , J . Escobar,
M. Gundert, J . Nicholas , L. McGuire, and C . Cyrier .
IV. WRITTEN COMMUNICATIONS
C . Cyrier stated that the Board had received the following written
communications :
1 . forty-seven letters regarding trail use and the draft Trail Use
Policies and Guidelines : Kurt M. Oppenheimer, 10 Loma Lane , San
Carlos ; Ray Abrams , 524 Lakemead Way, Redwood City; Robert
Anex, 321 Walsh Road, Atherton; John Bird, the Run Club, 212
High Street, Palo Alto; Robert Blackburn, 2605 Spring Street ,
Redwood City; Desmond J. Cahill , 265 Canyon Drive , Portola
Valley; Lee Campbell , 263 E. Latimer Avenue , #3 , Campbell ;
Rosalyn Carson, 481A Willow Road, Menlo Park; Chris Carter , 237
Canyon Drive, Portola Valley; Dan Clark , 265 Canyon Drive ,
Portola Valley; Deborah Crossfield, 738 Crompton Road, Redwood
City; Joanne A. Ernst, 262 Ventura Avenue , Palo Alto; Gregory
C . Gretsch, P .O. Box 1049 , Cupertino; Allen E . Hastings , 3940
Grove Ave . , Palo Alto; John Hawkes , 137 Alberta Ave . , San
Carlos ; Nancy Jacobsen, 163 Greenmeadow, Palo Alto; Robert G.
Kelley, 893 Fielding Dr . , Palo Alto; Thomas E. Kilbourn, 183 N.
France St . , Sunnyvale; Scott Lanciano, 999 W. Evelyn Terrace ,
Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop
Meeting 89-16 Page two
#19 , Sunnyvale; Douglas Latimer, Chairman and Antonio Cosby-
Rossmann, Secretary, Western States Endurance Run, 318 Town and
Country, Palo Alto; Todd Logan, 1898 Anthony Ct. , Mountain
View; Jerry R. Mather, 190 E. O ' Keefe , #7 , Menlo Park; Hilda
MacKay, Portola Valley Trails Committee , Secretary, 765 Portola
Rd. , Portola Valley; Hilda MacKay, Portola Valley Trails
Association Secretary, 765 Portola Rd. , Portola Valley;James W.
Martini , 1310 Hull Drive, San Carlos ; Edith Naverick , 419
Greendale Way, Apt . 2 , San Jose; James E . McCoy, 2148 Deodara
Drive, Los Altos ; Kenneth E. McCullough, 14305 Longbridge Rd. ,
Los Gatos ; Dean Mulla, 985 Hibiscus Lane , San Jose ; William
O' Brien, 3561 Altamont Way, Redwood City; Kurt M. Oppenheimer,
10 Loma Lane , San Carlos ; Sherry Perkins , 715 Arlington Rd. ,
Redwood City; Daniel T. Powers , 1492 Chukar Court, Sunnyvale;
Marlene R. Pruss , 1918 Maddux Dr . , Redwood City; Vincent B .
Rapp, 1110 Dinkel Ct . , San Jose; William B . Reuland, 1509
Gretel Lane , Mountain View; Peter Richert , 427 W. Virginia St . ,
San Jose; Stanley Robbins , 1091 Morton Court, Mountain View;
Nathaniel Sterling , 790 La Para , Palo Alto; Carl Stoffel , 606
Chimalus Drive , Palo Alto; Douglas Thomas , 146 Branbury Dr . ,
Campbell; Charlene Twisselman, 1727 Kentucky Street, Redwood
City; Jim Whalen, 20901 Wardell Rd . , Saratoga; Jack Craig, 2797
Westbarry Dr . , San Jose; Dave Whiteaker, address unknown;
Anthony D. Williams , 929 Washington Street , San Carlos ; Carl
Stoffel , Western Wheelers Bicycle Club, Inc . , P .O. Box 518 ,
Palo Alto, a petition signed by 34 individuals;
2 . a letter , dated June 4 , 1989 , from Martin Davis , 326 West 85
Street , New York, expressing his concern about potential
residential development of Devil ' s Canyon;
3 . a letter, dated June 8 , 1989 , from Kit Dove, P .O. Box 298 , El
Granada, regarding property located at the southwestern corner
of Skyline Boulevard and State Highway 92 ; and
4 . a letter, dated June 7 , 1989 , from Creeks of Los Altos , written
by Valerie Kobal , 881 Parma Way, Los Altos , expressing their
strong support for the acquisition of Neary Ridge by the
District .
C . Cyrier said that draft responses prepared by staff for Board
consideration were attached to the letters .
N. Hanko requested that the draft response to the letters on trail
use and the draft trails use policies and guidelines be considered
at the time that the third agenda item was considered by the Board.
Motion: E. Shelley moved that the Board approve the draft
responses to other Written Communications , including the
deleting of the first "would" in the second paragraph of
the letter to Kit Dove. R. Bishop seconded the motion.
The motion passed 6 to 0 .
Meeting 89-16 Page three
V. ORAL COMMUNICATIONS
Ry Smith of RURAL (Residents United for Rural Agricultural Land) ,
23230 Ravensberry Avenue , Los Altos Hills , reviewed the efforts of
various local groups to save the Neary (Vidovich) property from
development and encouraged the Board to do all they could to
purchase this valuable property for open space purposes .
Jean Struthers of Citizens for Measure B , 13690 Robleda , Los Altos
Hills , also requested that the Board do all that was possible to
acquire the Neary (Vidovich) property for open space purpose.
In answer to a question, H. Grench said that the appraiser was now
going to complete the appraisal , and if the value seems affordable
upon analysis , he would recommend to the Board concerted negotia-
tions to acquire the 300 acres .
VI . ADOPTION OF AGENDA
N. Hanko stated that the agenda was adopted by Board consensus .
VII . BOARD BUSINESS
A. Introduction of New Docents (Report R-89-93 dated-June 21 ,_
1989)
J. Nicholas introduced five members of the 1989 spring training
program for docents to the Board . She said that some of the
new docents have already led Cub Scout groups , served as
docents at the Fremont Older House tour , and contributed to the
docent newsletter .
N. Hanko thanked J . Nicholas for her excellent work and
welcomed the new docents on behalf of the Board. She said the
docents and staff would be recognized at the annual October
appreciation event hosted by the Board.
B . Final Adqptjon_ of the Preliminary Use and Management Plan for,
the Carss Property Addition to the Mt. Umunhum Area of Sierra
Azul Open Space Preserve _ (Rep(?_rt R-8_9-�99 dated June 22 1989)
D. Woods stated that escrow closed on June 20 , 1989 for this
property and that no additional public comments had been
received.
C . Britton said that staff was also requesting that the Board
approve the low bid contract in the amount of $14 , 700 from BB ' s
Grading Service of San Jose for the removal of all structures
and debris from the property.
Motion: K. Duffy moved that the Board adopt the Preliminary
Use and Management Plan for the Carss property
addition to the Mt . Umunhum Area of Sierra Azul Open
Space Preserve , including the naming, as contained in
report R-89-42 , indicate its intention to withhold
Meeting 89-16 Page four
the property from dedication as public open space at
this time , and authorize the Vice-President to sign a
demolition contract in the amount of $14 , 700 with
BB ' s Grading Service of San Jose for the removal of
all structures and debris from the property.
R. McKibbin seconded the motion . The motion passed 6
to 0 .
C. Proposed Board Trails Policy Committee (Report R-89-96 dated
June 20 , 1989 and Report R-89_ 100 dated June 22 1989)
N. Hanko reviewed the charge to the Trails Policy Committee
outlined in her report. E. Shelley said that he agreed with
the report , but at this time , the charge should be limited to
the first item, noting that when the committee reports back to
the Board, the second charge seemed logical to make at that
time .
Motion: E. Shelley moved that the Board charge the committee
to hold public meetings as necessary to identify and
define the problems and issues relating to trail use
policy. R. McKibbin seconded the motion.
Discussion: Mark Winitz , Westbay Trails Council ,
recommended that the Board consider appointing
members of the public and individuals from the
various trail groups to the committee and asked if
the meetings could be scheduled at a time other than
during the day.
E. Shelley and R. Bishop said that they opposed
having non-Board members on a Board committee . They
noted that the meetings would be open to the public
and that every effort would be taken to gather input
from the public .
Tom Williams , 111 Andre Court , Los Gatos , said that
public input should be considered in the defining of
issues for trail policy.
Dan Wendin, 19997 Stevens Creek , #6 , Cupertino, said
that he opposed having members of the public serve on
the committee .
Amended Motion: E. Shelley moved that the Board amend the
motion to form an ad hoc committee of the Board with
the charge to hold public meetings as necessary to
identify and define the problems and issues relating
to trail use policy and to return to the Board with a
report for Board consideration. R. Bishop as the
seconder of the motion accepted the amendment to the
motion. The amended motion passed 6 to 0 .
Meeting 89-16 Page five
N. Hanko said that President Andean had requested that
Directors Shelley, McKibbin, and Hanko serve on the Trails
Policy Committee and that they had all. agreed to serve .
Motion: N. Hanko moved that the Board appoint Directors
Shelley, McKibbin, and Hanko to the Trails Policy
Committee . K. Duffy seconded the motion. The motion
passed 6 to 0 .
E. Shelley raised the question of appointing an alternate to
the committee , and R . Bishop said he would be willing to serve
as the alternate .
Motion: N. Hanko moved that the Board appoint R. Bishop as an
alternate to the Trails Policy Committee . K. Duffy
seconded the motion. The motion passed 6 to 0 .
N. Hanko requested that the committee members receive all the
materials currently available (items A through E) as listed in
staff report R-89-100 dated June 22 , 1989 .
Discussion centered on the establishing of a date for the first
meeting and what would be covered at the meeting. E . Shelley
stated that future meeting times and locations needed to be
discussed at the first meeting.
Motion: E. Shelley moved that the first meeting of the Trail
Policy Committee be limited to organizational issues
only . N. Hanko seconded the motion. The motion
passed 6 to 0 .
The first meeting of the committee was scheduled for Thursday,
July 20 , at 7 : 30 P .M. , at the District office .
Jim Collins , Runners for Open Space , 262 Ventura, Palo Alto,
said that the committee should take the time necessary to
address the issue and that Board members should go into the
first meeting with a blank slate and not be constrained nor
bound by what has been previously generated. He requested that
all materials made available to the committee be available to
the major user groups as well before the meeting.
N. Hanko recommended that staff change the first sentence in
the last paragraph of the draft response letter to state that
the first meeting of the Trail Policy Committee would be an
organizational meeting and to encourage participation in future
meetings .
N. Hanko said that President Andeen had requested that the
letter addressed to him from James E. McCoy, 2148 Deodara
Drive , Los Altos be held until his return since it raised
various questions needing a more detailed response .
Meeting 89-16 Page six
D. Interim Use and Management Plan for the Mt . Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-101 dated June 21
1989)
D. Woods reviewed the staff report and, referring to map A
attached to the report, said that staff was recommending the
following boundary adjustments for the various areas of the
preserve for better management : portions of preserve west of
Mt . Diablo section line and south of Soda Springs Road be
designated as the new Cathedral Oaks Area; portions north of
Soda Springs Road be the Kennedy Limekiln Area as tentatively
adopted at the May 10, 1989 meeting (report R-89-79 dated May
4 , 1989) ; and that all District lands east of the Mt . Diablo
section line remain as the existing Mt . Umunhum Area of the
preserve . Using slides of the above area , he reviewed various
parts of the Interim Use and Management Plan.
C. Britton explained where the District ' s public has rights on
Mt . Umunhum Road and where the road was strictly for use of
land owners and their invitees .
David Schwaderer, 976 Hurlstone Lane, San Jose , referring to
his letter of June 22 , 1989 addressed to D. Hansen, relayed his
various experiences and encounters on Mt . Umunhum Road while
accompanied by family and friends both as an invited guest of
Tim and Mary Jo Cunningham and Linda Wallace, and as an
individual visiting District lands .
In response to T. Henshaw' s question as to what response staff
gives a caller pertaining to accessability of Mt . Umunhum Road
for hiking or bicycling, M. Hale said that callers were given
very detailed information concerning the areas that were
District lands and the gates beyond which there was privately-
owned property. She said that callers were forewarned of
potential problems and were encouraged to use other preserves
for their hiking and bicycling activities .
Discussion centered on the District ' s rights on Mt . Umunhum
Road that are currently being disputed by private owners in the
area and the problems created by private property owners in the
area for members of the public seeking to use the area .
Motion : T. Henshaw moved that the Board tentatively adopt the
Interim Use and Management Plan for the Mt . Umunhum
Area of Sierra Azul Open Space Preserve as contained
in the report . R. McKibbin seconded the motion. The
motion passed 6 to 0 .
E. Progress Report on Open Space Volunteer Program (Report R-89-
102 dated June 19 , _1989)
L. McGuire reviewed the report detailing the program' s
activities and goals . The Board requested that they receive
copies of the volunteer newsletter and acknowledged the work
that had been done to date .
Meeting 89-16 Page seven
F. Agreement Correcting Easement and Grant of License for Fencing
at Purisima Creek Redwoods and El Corte de Madera Creek Open
5Eqc _------------_
_Preserves (Report R-89-98 dated June 22 , 1989
C . Britton stated that the agreement recognizes Kings Grove ' s
rights to its roadway and utilities in their actual location
and legalizes an inadvertent encroachment of District
improvements upon their lands .
Motion: K. Duffy moved that the Board adopt Resolution 89-35,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing
Acceptance of Agreement Correcting Easement and Grant
of License for Fencing, Authorizing Officer to
Execute Agreement, and Authorizing General Manager to
Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Purisima
Creek Redwoods Open Space Preserve and El Corte de
Madera Creek Open Space Preserve) . R. McKibbin
seconded the motion. The motion passed 6 to 0 .
G. Award of Contract for Skyline Ridge Open reserve
Development (Report R-89-94 dated June 21 , 1989)
M. Gundert reviewed the staff report and the bidding process ,
noting that WSP Trucking submitted the only bid for the
development project . She said that they bid $570 , 885 . 87 and
that the bid differed only 2% above the original cost estimate
prepared by various design consultants . She noted that the
company had done the work on the Monte Bello bypass road
through the Picchetti Ranch Area of Monte Bello Open Space
Preserve and had done an excellent job.
Motion: E. Shelley moved that the Board accept the bid of
$570 , 885 . 87 from WSP Trucking, Inc. of Alviso for the
Skyline Ridge Open Space Preserve Development
Project, and authorize the General Manager to enter
into contract for performance of the work . R. Bishop
seconded the motion. The motion passed 6 to 0 .
H. Acceptance of Insurance for 1989-1990 (Report R7_8979_7�
dated June 23 , 1989)
J. Fiddes updated the staff report , stating that Flinn, Gray &
Herterich had submitted a bid in the amount of $19 , 078 from
CIGNA for the District ' s $5 million-limit umbrella liability
coverage for the period of July 1 , 1989 through March 31 , 1990 .
She said that the Local Agency Self-Insurance Authority (LASIA)
had submitted a bid of $26 , 084 (including taxes and fees) for
the $5 million-limit umbrella liability for a twelve month
period of September 1 , 1989 through August 31 , 1990 . She
explained the coverage differences , and H. Grench recommended
that the Board accept the CIGNA bid.
Meeting 89-16 Page eight
She noted that the date in the recommended action for the
effective period should be July 1 , 1989 through March 31 , 1990 .
Motion: R. McKibbin moved that the Board accept the public
entities difference-in conditions , volunteer
accident , and fidelity bond insurance coverage bid
totalling $11 , 695 from Flinn, Gray & Herterich based
on the quotations shown on Exhibit A from CIGNA,
American Surplus , Insurance Company of North America
(INA) , and Chubb, and accept the $5 million-limit
umbrella liability coverage bid of $19 , 078 from
Flinn, Gray & Herterich based on a quotation from
CIGNA for the period of July 1 , 1989 through March
31 , 1990 . R. Bishop seconded the motion. The motion
passed 6 to 0 .
I . Adoption ofMedicalIcal Benefit Revisions in District ' slEri_n�e
Benefit Plan (Report R--�89-95__ dated--June--2 1
3 19 89)_
J. Fiddes reviewed the report , noting the latter date in the
second recommendation should be September 30, 1989 rather than
1990 .
H. Grench distributed a memorandum dated June 28 , 1989 and
reported on comments made by field staff members concerning
this year ' s proposed fringe benefit plan. T. Henshaw stated
that the Budget Committee supported the General Manager ' s
recommendation, noting that the health care issue was a major
concern for various employers throughout the area. R. Bishop
stated that he felt the District ' s plan was very generous
compared to the norm in private industry.
Motion: R. Bishop moved that the Board set, effective July 1 ,
1989 , the base single medical premium coverage rate
at $115 . 20 per month and the base family medical
premium coverage rate at $252 . 33 per month, and
authorize payment of any additional rate increase
amount above contribution levels currently paid by
employees from July 1 , 1989 through September 30 ,
1989 with the contingence that if Santa Clara County
makes any changes in the Santa Clara County Preferred
100 Plan the item will again be presented for
approval . T. Henshaw seconded the motion. The
motion passed 6 to 0 .
VIII . INFORMATIONAL REPORTS
K. Duffy thanked the ranger staff for the June 16 tour of the ranger
yard facilities and the presentation on field equipment and patrol
maintenance routines .
R. Bishop reported he and H. Grench had attended the most recent San
Mateo County Planning Commission meeting at which it was suggested
that the Planning Commission and the District ' s Board of Directors
Meeting 89-16 Page nine
schedule a meeting for the purpose of discussing campground ques--
tions and development rights .
H. Grench said that consideration of a Board response to the Santa
Clara County Grand Jury Report , which was distributed at the
meeting , would be placed on a forthcoming agenda . He also reported
he had been a participant on a panel , sponsored by station K ?HD,
entitled "Are Land Trusts Effective in Saving Open Space?"
C . Britton reported that the District ' s proposed acquisition of the
one-fourth interest in the Neubert et al . property would riot be
finalized because the partners involved had exercised their right, of
first refusal to buy out the Neubert interests . He also reported on
the illegal digging of a well on District land adjacent to thc-.s
Rosemary Dooley property and on staff actions taken to date .
TX. CLAIMS
Motion: E. Shelley rioved that. the Board approve Revised Claims 89-
12 dated June 28 , 1989 . R . Bishop seconded the motion.
The motion passed 6 to 0 . N . Hanko abstained from voting
on Claim #2859 to IBM Corporation.
X. CLOSED SESSION
H . Grench said that a Closed Session was not necessary at this time .
XI . ADJOURNMENT
The meeting was adjourned at 11 : 27 P .M.
Cecilia A . Cyrier
Secretary