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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