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HomeMy Public PortalAbout19900124 - Minutes - Board of Directors (BOD) Meeting 90-02 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 JANUARY 24 , 1990 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 32 P.M. Members Present: Richard Bishop, Betsy Crowder, Katherine Duffy, Nonette Hanko, Robert McKibbin, and Teena Henshaw. Member Absent: Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale , Jean Fiddes , Del Woods , Deborah Zucker, Diane Blackman, Stanley Norton, and Joan Combs . II . APPROVAL OF MINUTES December 7 , 11989 N. Hanko noted that D. Hansen ' s name had been omitted from the list of Personnel Present. B. Crowder noted that Nita Spangler ' s name had been misspelled on page two of the minutes . Motion: K. Duffy moved that the Board approve the minutes of December 7 , 1989 as corrected. T. Henshaw seconded the motion. The motion passed 6 to 0 . III . WRITTEN COMMUNICATIONS J. Combs stated that two letters , both dated January 19 , 1990 , had been distributed at the meeting from Philip H. Weber, of Dezzani , Petersen and Weber , Attorneys at Law, 2828 Easy Street, Suite 1 , Placerville , representing Judith F. Dorsa in the matter of the Determination of Public Necessity for Proposed Ringo Addition to the Sierra Azul , the third item on the agenda. J. Combs stated that the Board had also received the following written communications : Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop Meeting 90-02 Page two 1) a letter, dated January 9 , 1990 , from Sharon Knight, Star Route Box 20 , Skylonda, urging the purchase of Devil ' s Canyon; 2) a letter , dated December 30, 1989 , from Jobst Brandt, 351 Middlefield Road, Palo Alto, concerning recent repair and widening of Alpine Road; 3) a letter, dated January 8 , 1990 , from David Schwaderer, 976 Hurlstone Lane , San Jose, concerning visitor harassment at Mt. Umunhum; 4) a petition and two letters signed by a number of residents of La Honda and Woodside encouraging acquisition of Devil ' s Canyon. J. Combs stated that draft responses prepared by staff were attached to the first three letters , and that the petition and letters regarding Devil ' s Canyon required no response . Concerning the draft response to Mr. Brandt' s letter , B. Crowder suggested adding the statement "While most of the road passes through lands owned by MROSD, the County of San Mateo has jurisdiction over the road itself . " at the beginning of the letter. The Board concurred in the wording addition. N. Hanko stated the Board' s consensus that the draft responses were acceptable with the modification suggested for Mr. Brandt ' s letter. H. Grench said that an acknowledgment letter will be sent to Mr. Weber by staff . Concerning the letter from Mr. Schwaderer, K. Duffy said that before patrols by the Santa Clara County Sheriff ' s Office begin in March, staff should provide the office with detailed information about District boundaries . H. Grench announced that C. Britton would introduce new staff members at this time . C. Britton introduced Deborah Zucker, the new land acquisition secretary and Diane Blackman, the new legal assistant. He also introduced David Fisher, an attorney working with the District. IV. ADOPTION OF AGENDA N. Hanko noted that Oral Communications had been omitted from the printed agenda, and would follow the Adoption of the Agenda. N. Hanko stated that the agenda as corrected was adopted by Board consensus . V. ORAL COMMUNICATIONS David Schwaderer , 976 Hurlstone Lane, San Jose , traced a bicycle trail route on the wall map to Mt . Umunhum that does not cross private property. Meeting 90-02 Page three Jobst Brandt, 351 Middlefield Road, Palo Alto, discussed the problems incurred by mountain bicyclists with the widening of Alpine Road, and asked the District to coordinate with San Mateo County to make Alpine Road a one-lane access road. D. Hansen said that staff could write to the Public Works Director or contact the San Mateo County Trails Committee concerning Alpine Road and said he would report back to the Board on contacts he had made. David Schwaderer said that the San Francisco law firm of Heller, Ehrman, White and McAuliffe had offered to research the rights over Mt. Umunhum Road on a pro bono basis . VI . BOARD BUSINESS A. Status of Planning for 1990 Conference (Report R-90-11 dated January 16 , 1990) M. Hale said that the Conference Committee had discussed planning concerning needed hotel facilities at its January 17 meeting. Vicki Reeder, conference consultant , reviewed the first draft of the contract ti with Hyatt Rickey ' s Hotel and sketched out the proposed conference schedule. She said that the final contract will be signed when the number and type of meals are decided. H. Grench said that the contract would be reviewed by the Conference Committee before he signed it. B. Review of Comprehensive Use and Management Plan for Foothills Open Space Preserve (Report R-90-07 dated January 16, 1990) D. Hansen noted that since the last Use and Management Plan review in 1986, one 30-acre addition had been made to the preserve . D. Woods showed slides of the preserve to highlight portions of the staff report . He said that staff has discussed with the City of Palo Alto a possible exchange of 40 acres of District land located west of Page Mill Road and a 79-acre parcel located east of Page Mill Road owned by the city. He said that the trade would enable the District to connect Monte Bello, Los Trancos, and Foothills Open Space Preserves and clarify boundary lines . R. Bishop said that he favored pursuing the trade . D. Woods said that staff recommended initiating formal negotiations with the city concerning the transfer. He said that staff also recommended working with the City of Palo Alto and Hidden Villa to perfect District patrol and public trail rights over lands owned by Hidden Villa and Palo Alto. Meeting 90-02 Page four D. Woods said that the north ridge trail of the preserve offers an excellent site for a donated bench if one is requested and a donation made. He said that staff also recommended dedicating the 40 acres of Foothills Preserve that have not been dedicated. N. Hanko suggested that the words "if requested and a monetary donation is made" be changed to read: "according to Board policy" in item 2 on page five of the staff report. Motion: B. Crowder moved that the Board tentatively adopt the Revised Comprehensive Use and Management Plan for Foothills Open Space Preserve as contained in the staff report and modified during the meeting. R. Bishop seconded the motion. The motion passed 6 to 0 . C. Determination of Public Necessity for Proposed Ringo Property Addition to the Sierra Azul Open Space Preserve (Report R-90-13 dated January 10 , 1990 and Report R-89-90 dated June 7_,_1989� C. Britton, referring to the staff report, reviewed the reasons the property is of interest to the District: it is surrounded on three sides by existing District holdings ; it contains approximately 1 , 000 feet of Mt.Umunhum Road which is the main source of public access; it contributes to the scenic backdrop of the Guadalupe Creek watershed; development of the property would compromise the open space character of the area; the property is within the proposed Bay Area Ridge Trail corridor; and the level portion of the property could provide a staging area with local trails to Bald Mountain, Herbert Creek or Guadalupe Creek, with further connections to Almaden Quicksilver Park. C . Britton also reviewed the legal actions and ramifications which have occurred. He said that it was the District ' s position that the District is fee owner of the property. He said that after acquisition of the property was approved by the Board, a letter was received from Philip Weber, an attorney representing Judith Dorsa, indicating that Mr. Ringo had obtained title to the property by use of an altered deed. He said that a legal action was then filed against Mr. Ringo by Ms . Dorsa, and an attempt was made to block close of escrow through a temporary restraining order. He said that the transaction was recorded after the court refused to issue the restraining order. C. Britton discussed the terms of the initial purchase, noting $39 , 250 had already been paid out. He said that Meeting 90-02 Page five the lender has begun foreclosure proceedings' since the District, on advice of Legal Counsel , did not pay off the first Deed of Trust. He said that the District ' s only recourse was to file an eminent domain action in order to quiet the title. C. Britton reviewed the District ' s eminent domain policy, and said that staff proposed that Section 6 , concerning Perfection of District Rights , be expanded to include the possibility of perfecting District rights when the District is a substantial owner, and said that the suggested wording was included in the staff report. R. Bishop said it would seem desirable to amend the policy to cover unforeseen situations . S. Norton said that the District should give notice to everyone who has requested notification before changing the policy. C. Britton said that the property is within the District ' s sphere of influence, and that acquisition of the property by a Resolution of Necessity is covered by the policy. He said that a Negative Declaration should also be adopted because of potentially toxic materials on site. D. Hansen said that staff had completed the California Environmental Quality Act (CEQA) checklist and discovered no significant environmental impacts on the site. He reported that the site and the main office had been posted, thus complying with CEQA requirements. C. Britton reviewed two additional use and management recommendations contained in the staff report: the need for a boundary survey and dedication of the property as public open space. C. Britton said that the District still owes $104 , 500 for the property, which will be applied to retirement of the Deed of Trust. He said that staff recommended taking immediate possession because the large amount of debris on the property constituted a potential public hazard. He said that in order to obtain immediate possession, the District must deposit the $104, 500 with the court, and should Ms . Dorsa prove to be the owner of the property, the District must recover from Mr. Ringo the money already paid. C . Britton said that all known interested parties had been notified of this agenda item. He said that the letter from Philip Weber, Ms . Dorsa ' s attorney, should be considered as part of the public hearing. Meeting 90-02 Page six Motion: R. Bishop moved that the Board open the public hearing. R. McKibbin seconded the motion. The motion passed 6 to 0 . The public hearing was opened at 8 : 55 P.M. R. Bishop requested that the record show that all staff reports t-oncerning the property were also a part of the public hearing. Mr. Weber ' s two letters were noticed and discussed as part of the public hearing. N. Hanko said that she supported the Resolution of Public Necessity as the District needs to establish ownership. R. Bishop said that he also favored the action, but suggested amending the Board policy to state that where the District owns or claims to own all or part of a property, that it has the right to use its power of eminent domain. N. Hanko requested staff to return at a later date with the suggested wording of JS the amendment. S . Norton stated that, apparently, no representatives of Ms . Dorsa or Mr. Ringo were present at the public hearing. No member of the public in attendance asked to speak. Motion: R. Bishop moved that the public hearing be closed. R. McKibbin seconded the motion. The motion passed 6 to 0 . The public hearing was declared closed at 9 : 05 P.M. Motion: K. Duffy moved that the Board adopt the Negative Declaration for the project . R. McKibbin seconded the motion. The motion was passed unanimously by the six Board members present. Motion: K. Duffy moved that the Board adopt Resolution 90-03, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use , to Wit, for Public Park, Recreation and Open Space Purposes , Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel to do Everything Necessary to Acquire All Interests Therein (Sierra Azul Open Space Preserve - Ringo Property) . R. McKibbin seconded the motion. The motion was unanimously Meeting 90-02 Page seven passed by the six Board members present. Motion: K. Duffy moved that the Board reaffirm the Preliminary Use and Management Plan as modified. R. McKibbin seconded the motion. The motion passed 6 to 0 . Motion: K. Duffy moved that the Board indicate its intention to dedicate the property as public open space. R. McKibbin seconded the motion. The motion was passed unanimously by the six Board members present . Motion: R. Bishop moved that Board direct staff to proceed with the required steps to amend the Board' s policy as discussed at the meeting. T. Henshaw seconded the motion. The motion passed 6 to 0 . D. Appointment of Board Committees (Report R-90-08 dated January 11, 1990) N. Hanko distributed her memorandum to the Board (R-90- 16 dated January 23 , 1990) detailing her proposed committee assignments. T. Henshaw left the meeting at 9: 12 P.M. Discussion centered on compensation for alternates to Board committees . Motion: R. Bishop moved that, in a situation when a member of any committee was going to be 111 absent, the Board authorize the President to appoint an alternate to attend the committee meeting. The motion passed 5 to 0. N. Hanko announced the following Committee appointments : Legislative Committee: R. Bishop, E. Shelley, and T. Henshaw; 1990 Budget Committee: K. Duffy, R. McKibbin, and E. Crowder; Ad Hoc Committees: Trails Policy Committee: E. Shelley, R. McKibbin, N. Hanko, B. Crowder (alternate) ; Office Space Committee: E. Shelley, K. Duffy, and T. Henshaw; Dog Committee : R. Bishop, K. Duffy, and R. McKibbin; Public Transportation Committee: T. Henshaw and B. Crowder; Picchetti Winery Restoration Review Committee: K. Duffy, R. McKibbin (alternate) ; Thornewood Restoration Review Committee: B. Crowder; Fremont Older Adobe Restoration Review Committee: K. Duffy, R. McKibbin (alternate) ; Preservation 2020 Task Force: N. Hanko; Docent and Staff Recognition_Committee: N. Hanko; "Ring Around the Bay" Committee: R. Bishop, Meeting 90-02 Page eight 1990 Open Space Conference Committee : N. Hanko, R. Bishop, T. Henshaw, and K. Duffy (alternate) . Motion: R. Bishop moved that the Board approve the Committee appointments as made by the President. B. Crowder seconded the motion. The motion passed 5 to 0 . E. Proposed Increase in Compensation for Director Attendance at District Meetings (Report R-90-14 dated January 18, 19901 R. McKibbin stated that Board compensation had not been reviewed since 1986 , and said that he recommended increasing compensation from three meetings per month to five meetings per month in view of the increased number of meetings . Discussion centered on the degree to which District officials should be compensated. Motion: R. Bishop moved that the Board postpone consideration of this matter until a meeting when all Board members would be present. R. McKibbin concurred with R. Bishop' s recommendation. K. Duffy seconded the motion. The motion passed 5 to 0 . N. Hanko stated that agenda items 6, 7 , 8 , 9 and 10 were either second readings or items that she felt did not require a staff presentation and for which she did not anticipate any discussion. She said that this new system will be tried instead of instituting a formal consent calendar at this time . F. Final Adoption of the Preliminary Use and Management Plan for the Smith Property to Mt. Melville Area of Russian Ridge Open Space Preserve (Report R79q-:� 06 dated January 17 , 1990) Motion: R. Bishop moved that the Board adopt the Preliminary Use and Management Plan for the Smith property addition to the Mt . Melville Area of Russian Ridge Open Space Preserve, including the naming, as contained in the staff report. R. McKibbin seconded the motion. Discussion: B. Crowder requested clarification of the map included with the report, questioned wording used to describe the soil and geology, and asked if the house included on the property would impinge on the area. C. Britton stated that the house represents a financial investment to the District that staff hopes will be recaptured by a long-term lease. The motion passed 5 to 0 . Meeting 90-02 Page nine G. Property Tax Allocation from Proposed East Palo Alto Ravenswood Industrial Redevelopment 90-12 dated January 16 , 1990) Motion: R. Bishop moved that the Board adopt Resolution 90-04 , a Resolution 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 . H. Revision of Authorized Signatories for District Accounts and Safe Deposit Boxes (Report R-90-15 dated January 11 , 1990 Motion: R. Bishop moved that the Board adopt Resolution 90-05, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts . R. McKibbin seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board adopt Resolution 90-06, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos) . R. McKibbin seconded the motion. The motion passed 5 to 0 . Motion: R. Bishop moved that the Board adopt Resolution 90-07 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos) . R. McKibbin seconded the motion. The motion passed 5 to 0. I. Renewal of Investment Authority (Report R-90-10 dated January 16, 1990) Motion: R. Bishop moved that the Board adopt Resolution 90-08 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Meeting 90-02 Page ten Securities Allowed by Government Code . R. McKibbin seconded the motion. The motion passed 5 to 0 . J. Authorization for Director Crowder ' s Expense Reimbursement for the 1990 Special District board Management Institutp_(Report dated January 16 1990) Motion: R. Bishop moved that the Board authorize Director Crowder ' s expense reimbursement for the 1990 Special District Board Management Institute. R. McKibbin seconded the motion. The motion passed 5 to 0 . ti VI. INFORMATIONAL REPORTS H. Grench reported on a meeting he attended at which the San Carlos City Council turned down the proposed fourteen unit Benedetti subdivision. H. Grench reported that he and B. Crowder had attended the San Mateo County Board of Supervisors meeting at which the transfer of density credits program was discussed. He said that the item concerning the transfer of the Redwood Park subdivision lots had been postponed for a month because Supervisor Schumacher had requested that the District provide a corporate picnic area at Pulgas Ridge Open Space Preserve . He recommended sending a letter to the Board of Supervisors indicating that the District would consider this request. N. Hanko offered to work with H. Grench on the reply to the Board of Supervisors . H. Grench said that he had met with the Fiscal Review Committee in East Palo Alto regarding the proposed Ravenswood Industrial Redevelopment Project . D. Hansen reported that the $84 , 000 grant work that was to have started at Picchetti Ranch Area had been delayed because Santa Clara County wanted to amend the winery' s use permit since there were occasionally more than 50 people at gatherings . N. Hanko noted two errors in the notice of public meetings in the agenda: the Trail Policy Committee will meet February 22 rather than February 21 , and the 1990 Conference Committee meeting will be held at 9 : 30 A.M. rather 9 :00 on February 8 . VII . CLAIMS Motion: R. Bishop moved that the Board approve the Revised Claims 90-02 . N. Hanko seconded the motion. The motion passed 5 to 0 . Meeting 90-02 Page eleven VIII .CLOSED SESSION There was no Closed Session. IX. ADJOURNMENT The Board adjourned the meeting at 10 : 05 P.M. Joan Combs Secretary