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HomeMy Public PortalAbout19890809 - Minutes - Board of Directors (BOD) Meeting 89-21 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 AUGUST 9, 1989 MINUTES I. ROLL CALL Vice President Nanette Hanko called the meeting to order at 7 : 30 P.M. Members Present: Katherine Duffy, Nanette Hanko, Robert McKibbin, Teena Henshaw, and Edward Shelley. Members Absent: Gerry Andeen and Richard Bishop. Personnel Present: Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Stanley Norton, John Escobar, and Joan Combs . II. APPROVAL OF MINUTES July 12, 1989 Motion: E. Shelley moved that the Board approve the minutes of July 12, 1989 . T. Henshaw seconded the motion. The motion passed 5 to 0 . July 26, 1989 Motion: E. Shelley moved that the Board approve the minutes of July 26, 1989 . T. Henshaw seconded the motion. The motion passed 5 to 0 . III. WRITTEN COMMUNICATIONS J. Combs stated that the Board had received the following written communications : 1) a letter, dated July 17 , 1989, from Daniel Monahan, M.D. , 763 Altos Oaks Drive, Los Altos, pertaining to the draft trail use policies and guidelines, particularly concerning allowing dogs on District preserves; 2) a letter, dated July 20 , 1989, from James Clendenin, 1193 Santa Cruz Avenue, Menlo Park, concerning running on trails in the open space preserves; and Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 89-21 Page two 3) a letter, dated July 23, 1989, from Tim Cunningham, 21691 Sierra Azul Road, Los Gatos , concerning public access to Cattermole Road. J. Combs said that draft responses prepared by staff for Board consideration were attached to the letters . N. Hanko said that she felt the draft responses to the two letters concerning trail use policies did not deal adequately with the writers ' concerns and required a more personalized response. E. Shelley noted that the draft trail use policies did not address the question of dogs on the preserves, but said he felt it was appropriate for the Trail Policy Committee to address that issue. The Board agreed with N. Hanko's decision to add a personalized postscript to the letters. N. Hanko stated the Board' s consensus that the draft reply to Mr. Cunningham' s letter was appropriate. IV. ORAL COMMUNICATIONS There were no oral communications. V. ADOPTION OF AGENDA M. Hanko stated that the agenda was adopted as presented by Board consensus . VI . BOARD BUSINESS N. Hanko stated the Board' s consensus that the first four items on the agenda be considered as one item. A. Final Adoption of the Preliminary Use and Management Plan for the Vogt Property Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-117 dated July 25, 1989) ; Final Adoption of the Preliminary Use and Management Plan for the Distefano Property Addition to the Cathedral Oaks Area of Sierra_Agp�10 Open Space Preserve (Report R-89-119 dated July 31 1989) Final Adoption of the Preliminary Use and Management Plan for the Dreyer Property Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve Re or�t 897 118 dated July 31 , 1989) ; Final Adoption of the Preliminary Use and Management Plan for the Tobar Property Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-120 dated July 3_1, 1989) D. Hansen stated that all four properties were located in the Sierra Azul Open Space Preserve and that all had closed escrow. He said that the septic tank on the Tobar property would be removed. He stated that staff had received no further public comment on any of the properties. Meeting 89-21 Page three Motion: E. Shelley moved that the Board adopt the Preliminary Use and Management Plan for the Vogt, Dreyer and Tobar property additions to the Mt. Umunhum, Area of Sierra Azul Open Space Preserve and for the Distefano property addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, including the naming, as contained in the staff reports, and indicate its intention to withhold the properties from dedication as public open space at this time. K. Duffy seconded the motion. The motion passed 5 to 0. B. Proposed Addition of Stevens Property to El Sereno Open Space Preserve (Report R-89-121 dated August 1, 1989) C. Britton said that the property was listed for $100, 000, but the recommended purchase price was $65, 000. He said that the acquisition did not qualify for Proposition 70 reimbursement as it was not included in the application for the per capita grant program. D. Hansen said that the acquisition would provide an important trail connection between the Lake Ranch Area of Sanborn Skyline County Park and El Sereno Open Space Preserve. Motion: K. Duffy moved that the Board adopt Resolution 89-44, 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 Stevens) . E. Shelley seconded the motion. The motion passed 5 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 El Sereno Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. E. Shelley seconded the motion. The motion passed 5 to 0 . Meeting 89-21 Page four C. Proposed Addition of Logan Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-122 dated August 1, 1989) D. Hansen noted that the acquisition would become the easternmost property within District boundaries . C. Britton said that the purchase price for the 160- acre property was $310,000 plus a $10, 000 real estate commission payable by the District. He noted that this was the last parcel to be acquired under Proposition 70 specific project funding. He said there is a two-story house on the site, and that staff recommended that the house be retained as a rental unit for future use for a caretaker or ranger residence. D. Hansen showed slides of the Logan and the Stevens proposed property acquisitions. He said that a trailer on the Logan property will be removed. Ken Miller, 2224B Old Middlefield Way, Mountain View, said that he owned the 160-acre parcel south of the Logan property. Ellen Burton, P.O. Box 400, Menlo Park, introduced herself as a neighboring property owner. D. Hansen explained the District' s plans for the property at this time and the reasons the land was being withheld from dedication. Motion: K. Duffy moved that the Board adopt Resolution 89-45, 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 Logan et ux. ) . T. Henshaw seconded the motion. The motion passed 5 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 Mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. T. Henshaw seconded the motion. The motion passed 5 to 0. Meeting 89-21 Page five D. Agreement with Santa Clara County Sheriff ' s Department for Supplemental Patrol (report R-89-123 dated August 2, 1989) D. Hansen reviewed the proposed Agreement, stating that the rates under this Agreement are approximately double those previously paid under the verbal agreement with the Sheriff ' s Department, but below current rates for full sheriff ' s patrol of the county parks. He noted several corrections in the Agreement document: 1) page 1 , line 2, should read "State" rather than "Santa" ; 2) page 3, line 8 , should read "General Manager" rather than "Director" ; and 3) on page 8 , the term of the Agreement would extend from September 15, 1989 for a two-year period. Discussion centered on the desirability of having the area patrolled by Sheriff ' s deputies as well as District rangers . D. Hansen said that frequent law enforcement problems had occurred at the remote site, and the Sheriff ' s deputies, during their previous patrol of the area, had reduced these illegal activities. He said that the Sheriff ' s Department patrol would occur primarily during evening hours and on holidays. N. Hanko noted that "within" should replace "with" on page 2, line 7 under Section III of the Agreement. C. Britton noted that Midpeninsula was misspelled on page 1 of the Agreement. R. McKibbin said that he felt the last sentence in paragraph E on page 4 of the Agreement, stating that Sheriff ' s deputies may not issue a firearm to a District ranger, was inappropriate, and said he would recommend deleting that sentence. D. Hansen said that staff could report back to the Board in an informational report on the specific reasons the wording was included. Discussion centered on the possible difficulties created by such a restriction. K. Duffy said she believed that the sentence was simply intended as a reminder to the Sheriff that District rangers are not trained in the use of firearms. E. Shelley said that he opposed making such a substantive change in the Agreement Motion: E. Shelley moved that the Board authorize the Vice President to sign the Agreement with the Santa Clara County Sheriff ' s Department for supplemental patrol of Midpeninsula Regional Open Space District lands in the Mt. Umunhum Area of Sierra Azul Open Space Preserve . K. Duffy seconded the motion. Meeting 89-21 Page six Motion to Amend: R. McKibbin moved that the last sentence on page 4 , paragraph E, be deleted. T. Henshaw seconded the motion to amend. The motion to amend failed to pass on the following vote: Ayes: R. McKibbin and T. Henshaw. Noes: E. Shelley, N. Hanko, and K. Duffy. Motion to Amend: R. McKibbin moved that the phrase "unless imminent bodily harm is threatened, " be added to the sentence. T. Henshaw seconded the motion. Discussion: E. Shelley said that he would oppose the motion to amend and would insist that the matter be referred back to staff . K. Duffy concurred with E. Shelley. The motion to amend failed to pass on the following vote: Ayes: R. McKibbin and T. Henshaw. Noes: E. Shelley, N. Hanko, and K. Duffy. The original motion passed on the following vote: Ayes: E. Shelley, N. Hanko, K. Duffy, and T. Henshaw. No: R. McKibbin. R. McKibbin stated that he opposed the motion only because of the inclusion of the specific sentence on page 4. VII . INFORMATIONAL REPORTS J. Escobar reported that several arson fires had occurred in the Santa Cruz Mountains over the weekend, including one at El Corte de Madera Open Space Preserve, to which 25 firefighters responded. He said that assistance had been received from the La Honda and Kings Mountain Fire Departments. D. Hansen reported that the Ridge Trail Council, Santa Clara County, California State Parks, Sempervirens Fund, and the District were sponsoring the dedication of a section of the Bay Area Ridge Trail from Long Ridge Open Space Preserve to Sanborn County Park on October 14. He said that the Santa Clara County Parks and Recreation Commission had hoped to Meeting 89-21 Page seven combine the occasion with a special tour for the District ' s Board, but because some of the Board members would be attending the Albuquerque Open Space Conference at that time, the meeting would be rescheduled. E. Shelley reported that he and C. Britton had attended the August 8 meeting of the Mountain View City Council to request that the Council give an indication of support for sale of a piece of property on Shoreline Boulevard to the District. He said that the matter had been referred back to City staff , and that he felt the District should seek alternate sites. C. Britton said that the Council would consider all ramifications of a sale to the District at its August 29 meeting. XI. CLAIMS Motion: T. Henshaw moved that the Board approve the Revised Claims 89-16. R. McKibbin seconded the motion. The motion passed 5 to 0. X. CLOSED SESSION N. Hanko noted that the Board needed to appoint a Secretary Pro-Tempore since R. Bishop was not present. Motion: N. Hanko moved that the Board appoint K. Duffy Secretary Pro-Tempore for the meeting. E. Shelley seconded the motion. The motion passed 5 to 0. S. Norton announced that litigation matters to be discussed in Closed Session fell under Government Code sections 54956.9 a, b, and c (1) . The Board recessed to Closed Session on litigation matters at 8 : 50 P.M. XI . ADJOURNMENT The Board reconvened to adjourn the meeting at 10:07 P.M. Joan Combs Secretary