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