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