HomeMy Public PortalAbout19891108 - Minutes - Board of Directors (BOD) Meeting 89-28
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
NOVEMBER_81989
MINUTES
I . ROLL CALL
Vice President Nanette Hanko called the meeting to order at
7 : 35 P.M.
Members Present: Richard Bishop, Katherine Duffy, Nanette
Hanko, Robert McKibbin, and Edward Shelley.
Members Absent: Teena Henshaw.
Personnel Present: Craig Britton, David Hansen, Mary Hale,
Del Woods, John Escobar, Craig Beckman, Kerry Carlson,
Sheryl Marioni-Cochran, Patrick Congdon, Phil Hearin, Tom
Karnofel . Matt Ken, Tom Lausten, Priscilla Meyers , Michael
Newburn, Frank Olson, Warren Phillips , and Linda Steputat.
II . APPROVAL OF MINUTES
October 25, 1989
Motion: R. Bishop moved that the Board approve the
minutes of October 25, 1989 . R. McKibbin
seconded the motion. The motion passed 5 to 0.
III . WRITTEN COMMUNICATIONS
P. Meyers stated that the Board had received the following
written communications :
1 . a letter dated October 25, 1989 , from Isabel Sewell ,
1049 Noel Drive, #1 , Menlo Park, stating her complaint
pertaining to bicyclists frightening horses on a
Purisima Creek Redwoods Open Space Preserve trail;
2 . a letter dated October 16 , 1989 , from John Tatuno, 993
Selby Lane , San Jose, expressing his concern over
potential residential development of "Devil ' s Canyon, "
which adjoins the Long Ridge Open Space Preserve; and
Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop
Meeting 89-28 Page Two
3 . a letter dated October 12 , 1989, from Nancy Hassig,
531 Palomar Drive, Redwood City, expressing her
appreciation of the District and a ranger in paricular,
who assisted in locating her lost friend at the Rancho
San Antonio Open Space Preserve.
She noted that draft responses to the Sewell and Tatuno
letters had been prepared by staff and were attached for
Board review. N. Hanko stated the Board' s consensus that
these responses were approved.
R. Bishop asked staff to prepare a draft response on behalf
of the Board to acknowledge the letter of appreciation re-
ceived from Nancy Hassig. N. Hanko requested that a copy of
the letter be forwarded to the field staff and that she be
advised when the letter of response was ready for her review.
IV. ORAL COMMUNICATIONS
Edith Maverick of 3M Diagnostic Systems , 3380 Central
Expressway, Santa Clara informed the Board that her
organization has developed a diagnostic kit for Lyme disease
and is involved with serum procurement. She said that the
firm is interested in performing a study using field staff
from the District. D. Hansen noted that he and operations
supervisor J. Escobar have been considering the possibility
of providing a Lyme disease testing program for the field
staff and asked Ms. Maverick to meet with them to discuss the
parameters of her firm' s program.
V. ADOPTION OF AGENDA
J. Fiddes informed the Board that Mr. B.W. (Rusty) Smith, a
senior field representative from Local 715, who had indicated
he would be present for the first agenda item, had not yet
arrived. She suggested the Board consider advancing items
four and five to be next in the order of business .
Motion: E. Shelley moved that the Board advance items four
and five to be the next order of business and other-
otherwise accept the agenda as presented. R. Bishop
seconded the motion. The motion passed 5 to 0 .
VI . BOARD BUSINESS
A. Approval of Equipment Mechanic-Operator Job
Classification Job Specification, Salary Range, and
Filling of One Position (Report_R-89-154 dated November
3, 19 8 9) � ----- __
D. Hansen noted a typographical error on Attachment A of the
report. He said that the second subtitle Equipment
Maintenance and Repair should be changed to read Equipment
Meeting 89-2P Page Three
Operation ana transport.
He briefly highlighted the report and stressed the key issues
supporting the creation of this position as being increased
safety, consistency in the quality of maintenance, and the
"freeing up" of field staff for performing regular duties .
Motion: E. Shelley moved that the Board approve the
equipment mechanic-operator job classification, job
specification, salary range , and filling of one
position as contained in the report. R. Bishop
seconded the motion. The motions passed 5 to 0 .
B. Property Tax Allocation From Proposed Redwood City
Redevelopment Project (Report R-89-149 dated November_1_,
1989)
C. Britton explained that this redevelopment project is to be
funded by tax increment financing, whereby a boundary is drawn
and certain findings as to the need must be made. He said the
tax rate is then frozen for all other agencies and the
increment in taxes over time retires the bonds necessary to
redevelop the area.
He fielded questions and discussed financing methods. He also
noted that general manager H. Grench had been negotiating to
get a larger share of the increment. He said that the two
percent increment resolution is binding and that two percent
would be the minimum increment the District would receive, but
added it did not prevent negotiating for a greater increment
on behalf of the District.
Motion: K. Duffy moved that the Board adopt Resolution 89-
50 of the Board of Directors of the Midpeninsula
Regional Open Space District Electing to Receive
Incremental Property Tax Revenues as Provided for by
Section 33676 of the California Health and Safety
Code. R. McKibbin seconded the motion. The motion
passed 5 to 0.
J. Fiddes again advised the Board that Mr. Smith was not
present. The Board agreed to advance item six to be the next
order of business .
C. Proposed Addition to Rules of Procedure to Enable General
Manager to Accept the Acquisition of Minor Interests in and
Easements Upon Land (Report R-89-153 dated October 31
1989)
C. Britton explained that the District has a burgeoning back-
log of title encumbrances, easements, reservations, leases,
and rights that third parties hold or claim to hold in
Meeting 89-28 Page Four
District lands which has resulted from the acquisition of more
than 31 , 000 acres of land since the District ' s inception in
1972. He stated that due to the high volume and nominal value
of these minor interests in and easements upon land, obtaining
Board approval to acquire or receive them, by report presenta-
tion, would be a very cumbersome process. He further stated
that the proposed resolution would allow the general manger to
execute a certificate of acceptance for acquisition of minor
interest in or easement upon real property, in accordance with
California law and consistent with District policy. He also
noted this action would "free up" employees ' and Board of
Directors ' time for more critical District matters .
Motion: E. Shelley moved that the Board adopt
Resolution 89-51 , a Resolution of the Board of
Directors of the Midpeninsula Regional Open
Space District Amending the Rules of Procedure
by Adding Section 2.60 In Accordance with
Government Code Section 27281, Certificates of
Acceptance for Deeds or Grants Conveying Any
Interest In or Easement Upon Real Estate to the
District for Public Purposes . R. McKibbin
seconded the motion. The motion passed 5 to 0.
The Board agreed to advance item seven to be the next order of
business after being advised that Mr. Smith was not present.
D. Rescheduling of November 22, 1989 Regular Meeting (Report
R-89-152 dated October 30, 1989)
Motion,: K. Duffy moved that the Board authorize the Vice
President to exercise her discretion in selecting
either November 28 , 1989 or December 6 , 1989 as
the alternate date for the rescheduled November
22 regular meeting. R. McKibbin seconded the
motion. The motion passed 5 to 0.
D. Hansen introduced Mark Frederick, a park planner for the
Santa Clara County Parks and Recreation Department, and noted
that Mr. Frederick will be attending District Board meetings on
a regular basis as an observer.
The Board agreed to advance item two to be the next order of
business.
E. Review of the Structures and Improvements Element of the
Comprehensive Use & Management Plan for Rancho San Antonio
Open Space Preserve (Report R-89-151 dated November_2_,
1989)
D. Woods provided detailed information regarding the Rancho San
Antonio Open Space Preserve upper and lower residences , the
foothills area field office, the water system, proposed
restrooms , the Deer Hollow Farm area, and the Rhus Ridge house
Meeting 89-28 Page Five
trailer in conjunction with a slide presentation and the written
staff report.
D. Woods noted that conversion of the upper house into a duplex
to house two rangers and their families had been delayed due to
changes in procedures and criteria outlined by the county land
development staff , an unanticipated condition for special use
permits requiring among other things a new septic system, and
unknown water damage to the existing bathroom, which also
increased the cost estimate. K. Duffy asked when construction
of the upper house units was expected to be completed. D. Woods
said that the units should be completed in about six weeks .
D. Woods reported that the architectural firm of Hawley,
Peterson and Snyder was consulted to perform a study of the
foothills area field office structural needs and to determine
construction options and their feasibility. The consultant
determined the first priority should be providing adequate
office and shop space for the foothill area field staff , by
retrofitting and enlarging the existing main structure.
D. Woods noted that the study also determined that on-site fuel
tanks are necessary, but the existing single-wall tanks are no
longer permissible. He explained that, in the short-term, it is
practical to install a smaller, "above ground, " fiberglass tank
within a concrete wall at a cost estimate of $8 , 000. D. Woods
said the capacity of the tank is about 1 , 000 gallons and that
removal of the existing tanks will cost $12 , 000 . He added that
the "above ground" tank may prove to be usable in the long-term
if acceptable in the final site plans .
D. Woods stated that converting the lower house into a duplex
was ruled out because the consultants determined that the lay-
out of the structure would make it mechanically infeasible and
that the septic system is only marginally usable at this time,
thus making it imprudent to install another one. He explained
that the lower house is already being used for files and
materials storage and staff meetings , and that staff recommends
that it continue to be utilized for those purposes .
D. Woods pointed out that holding public events at the lower
house had been ruled out because of vehicular traffic problems ,
overtaxing the septic system, and code requirements for fire
protection. He added that the expense for the proposed
retrofitting of the structure would be $20, 000 , noting that this
figure includes filling in the pool, which is no longer needed
by the City of Mountain View for their youth programs .
R. McKibbin expressed his concern about the proposed filling in
of the pool and felt it should be maintained for fire
suppression purposes . D. Woods said he would check with local
fire jurisdiction authorities about their needs and/or
requirements regarding pools in the vicinity.
Meeting 89-2P Page Six
D. Woods related that, in accordance with the existing Use and
Management Plan, the District hired the Van Kirk Engineers firm
to conduct a feasibility study to determine potential sites for
the installation of restroom facilities . He reported that leach
fields would be a problem due to the proximity of the
recommended sites and the creek. D. Woods explained that, based
on the leach field problem and his cost comparison calculations ,
constructing self-contained chemical recirculating facilities is
desirable, and that the vicinity of alternative site number two
on Attachment D of the report was determined to be the best area
for installation. He added that the actual site will be best
determined after working with the trail plan.
D. Woods discussed the renovation work that has been done at
Deer Hollow Farm and said that plans and specifications for the
restoration of the Grant house will be prepared. He also noted
that the house trailer near Rhus Ridge will be fenced and
landscaped to screen it from the public trail .
R. Bishop asked about the status of the windmill at Duveneck
Windmill Pasture area, and he was informed portions were
removed. He also mentioned that the barn at Deer Hollow Farm
had been damaged by the earthquake and is being inspected by the
City of Mountain View. N. Hanko requested D. Woods to report
back to the Board on the status of the barn.
Motion: R. Bishop moved that the Board tentatively adopt the
structures and improvements element of the
Comprehensive Use and Management Plan for Rancho San
Antonio Open Space Preserve. R. McKibbin seconded the
motion. The motion passed 5 to 0.
J. Fiddes again advised the Board that Mr. Smith was not
present. The Board agreed to consider the first agenda item at
this time in deference to the field staff in attendance.
F. Adoption of Employer-Employee Relations Resolution (Report
R-89-150 dated October 30 , 1989)
J. Fiddes highlighted the written report and noted that the
proposed resolution defines procedures for the administration of
employer-employee relations between the District and its
employee organizations . She noted that the preparation of the
proposed resolution had been initiated after the District
received a request from Local 715 of the Service Employees
International Union (SEIU) , AFL-CIO for recognition to represent
the District ' s rangers and open space technicians .
J. Fiddes reported that all District employees and Local 715 had
received a draft of the proposed resolution for review and
comment. She added that no individual employee comments were
received, but that Mr. B. W. (Rusty) Smith, Senior Field
Representative, had relayed Local 715 ' s five comments-concerns
on the proposed resolution by letter.
Meeting 89-28 Page Seven
J. Fiddes noted that District consultant, Mr. Richard Bolanos of
the Palo Alto law firm of Whitmore, Kay & Stevens met with Mr.
Smith and her to discuss Local 715 ' s comments and concerns . She
reviewed the changes that had been made in the resolution as a
result of the meeting.
R. Bolanos reported that the State Mediation and Reconciliation
Service does not charge for its services , therefore essentially
rendering "shared cost" concerns a moot issue.
R. McKibbin announced that since he is a member of SEIU, Local
715, he had conferred with legal counsel regarding possible
conflict of interest in this matter. He said that he was
advised that since the issue deals with administrative procedure
only, there is no conflict of interest and stated he would vote
on the issue.
Motion: E. Shelley moved that the Board adopt Resolution
89-52, a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District
adopting the Employer-Employee Relations
Resolution. N. Hanko seconded the motion. The
motion passed 5 to 0 .
The Board recessed the meeting at 9 : 35 p.m. and resumed the
meeting at 9:45 p.m.
G. Proposed Addition of Smith Property to Mt. Melville Area of
Russian Ridge Open Space Preserve (Report R-89-155 dated
November 1 , 1989)
C. Britton highlighted the written staff report, noting that the
full purchase price for this 48 .66 acre property was $1 , 400 , 000
payable in cash at close of escrow. He said that the hilltop
was developed with a large five-bedroom house that staff was
recommending be rented on an interim basis until staff had time
to prepare a proposal for long-term lease or sale of a life or
limited term interest in the home and surrounding site. He said
that the barn, workshop, and well should be included in any
rental or lease agreement. D. Woods gave a slide presentation
of the site and reviewed the proposed use and management
recommendations .
Motion: K. Duffy moved that the Board adopt Resolution 89-53,
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 (Russian Ridge Open
Space Preserve, Lands of Smith) . E. Shelley seconded
the motion. The motion passed 5 to 0.
Meeting 89-28 Page Eight
Motion: K. Duffy moved that the Board tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in this report, including naming the
property as an addition to the Mt. Melville Area of
Russian Ridge Open Space Preserve. E. Shelley
seconded the motion. The motion passed 5 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. E. Shelley seconded the
motion. The motion passed 5 to 0 .
Motion: K. Duffy moved that the Board instruct staff to have
the 10-acre homesite surveyed and return to the Board
with a specific proposal for marketing a long-term or
life interest in the home and site. E. Shelley
seconded the motion. The motion passed 5 to 0 .
VII. INFORMATIONAL REPORTS
C. Britton reported that he and H. Grench attended a meeting set
up by Supervisor Wilson' s office regarding the possibility of
reactivating a state park proposal for the former Alma College
property.
D. Hansen reported that Tom Karnofel had rejoined the District ' s
ranger staff. He also noted that the District had not had any
luck in obtaining information on FEMA support for earthquake
damage to structures on District preserves.
D. Hansen gave an update on earthquake damage in the Mt. Umunhum
area. He reported that Mt. Umunhum continues to move and that
the USGS has placed sensors inside some of the buildings to
provide a 30-second warning system for aftershocks.
D. Hansen added that new water springs and rock/soil slides
resulting from the earthquake caused road problems and other
problematic conditions in the area. He said that the public
cannot access the area, including the quake-damaged Logan house,
because it is fenced and gated. C. Britton noted that he is
getting an estimate on the cost of putting the Logan house back
on its foundation versus demolishing it.
K. Duffy reported that the staff appreciation dinner was over
budget and that the volunteer-docent event to be held in Spring,
1990 still needed to be funded.
M. Hale commented that other agencies that have offered their
staff assistance and funding for the 1990 International Open
Space Conference need to be advised, as soon as possible, of the
specifics regarding the conference so they could adjust their
upcoming year ' s budgets accordingly. She asked that the
conference committee meet at its earliest convenience to
Meeting 89-2P Page Nine
establish the date and other critical parameters of the
conference so affected parties may initiate plans of action.
R. Bishop acknowledged the amount of staff time involved in
hosting the conference and said that the District ' s proposed
action plan for 1990-1991 should incorporate this element. N.
Hanko commented that H. Grench had already been asked to comment
on the projects that could be deleted in order to provide for
staff coverage of the coordination and preparation for the
conference.
VIII . CLAIMS
Motion: R. McKibbin moved that the Board approve Revised
Claims 89-22 . N. Hanko seconded the motion. The
motion passed 5 to 0 .
IX. CLOSED SESSION
The Board recessed to closed session on land negotiation matters
at 10:20 p.m.
X. ADJOURNMENT
The Board reconvened to adjourn at 11 : 23 p.m.
Priscilla L. Meyers
Secretary