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HomeMy Public PortalAbout19900725 - Minutes - Board of Directors (BOD) Open Space rµ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 90-18 REGULAR MEETING BOARD OF DIRECTORS July 25, 1990 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 34 P.M. Members Present: Katherine Duffy, Robert McKibbin, Nonette Hanko, Betsy Crowder, and Richard Bishop. Members Absent: Teena Henshaw and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Stanley Norton, Michael Foster, Del Woods , John Escobar, Mary Gundert, Kathleen Hart, and Deborah Morvay- Zucker. II . WRITTEN COMMUNICATIONS D. Zucker stated that the Board had received the following written communications: 1 . a letter dated July 7 , 1990 from Angie Boissevaine, Director of Jikoji, 12100 Skyline Boulevard, Los Gatos, CA, 95030, urging the District to prevent cyclists who use District trails adjoining Jikoji property from entering Jikoji property and urging implementation of the District ' s plan for a trail around Jikoji; 2 . a letter dated July 10, 1990 from Robert J. Logan, Attorney, 152 North Third Street, Suite 201, San Jose, CA 95112, protesting public use of any of the District ' s road use easements for Mt. Umunhum Road from Hicks Road to the former Almaden Air Force Base at the summit; and 3. a letter dated July 12, 1990 from Ray Hasler, 304 O'Connor Street, Menlo Park, CA 94025, requesting a statement by the District regarding public use of Mt. Umunhum Road subsequent to recent posting of signs by District rangers and continuing confrontations between bicyclists and neighboring landowners. D. Zucker said that draft responses were attached for each of the written communications . B. Crowder asked that the Board consider the response to the letter from Angie Boissevaine regarding Long Ridge Open Space Preserve later in the meeting, during the Board' s review of the 201 San Antonio Circle, Suite C-135 ° Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679 General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley Meeting 90-18 Page 2 Comprehensive Use and Management Plan for Long Ridge Open Space Preserve. N. Hanko asked that the Board consider the letters concerning Mt. Umunhum later in the meeting after S. Norton had an opportunity to review and comment on the responses . The draft responses to Robert J. Logan and Angie Boissevaine were considered later in the meeting and were approved by Board consensus. The draft response to Ray Hosler was considered later in the meeting. The response was revised and staff was instructed to delete the sentence beginning with "Recent publicity. . . " to the end of the first paragraph; and from the second paragraph the sentence "You should know. . . " was to be deleted. The revised response was approved by Board consensus. III. INTRODUCTION D. Hansen introduced Kathleen Hart, the District ' s new open space management secretary. IV. ORAL COMMUNICATIONS M. Newburn, a District ranger, stated that he spoke with Captain Ridenaur of California Department of Forestry, who expressed concern about filling the pools at Rancho San Antonio because she considers them a good location for a source of water for wildland fire protection in the area. He noted that she was unable to write a letter regarding her concerns before the Board meeting and asked that ranger Newburn speak to the Board in her behalf . Tom Lawston, a District ranger, stated that he spoke with the Santa Clara County Central Fire District Battalion Chief who also expressed interest in retaining the pools as well as concerns about bridge load capacities at Rancho San Antonio Open Space Preserve. D. Hansen stated that the information presented contradicts the opinions expressed earlier by representatives of these fire protection agencies stating that the pools were not desireable sources of water. He stated that staff had contracted out the work to fill the pools after securing necessary permits from the county. In response to a query by R. Bishop, he stated that he did not believe there would be an problem or additional expense if the filling of the pools was interrupted. R. McKibbin recommended that the Board reconsider its previous decision to fill the pools in light of the information provided by rangers Lawston and Newburn. N. Hanko stated that she would like Meeting 90-18 Page 3 f. the Board to reconsider the matter if letters are received providing new information. She requested that R. McKibbin be responsible for placing the matter on a future agenda, R. McKibbin said that he would like all Board members to be present to reconsider the item. R. Bishop stated that he favored filling the pools because of the liability to the District involved in keeping them. V. ADOPTION OF AGENDA The agenda was adopted by Board consensus and later revised to consider item five, Adoption of Memorandum of Agreement with Local 715 and item six, Approval of Consulting Services Agreement with Foss and Associates, after consideration of the Comprehensive Use and Management Plan for Long Ridge Open Space Preserve. VI. BOARD BUSINESS A. Planning Conference (Report R-90-89 dated July 19, 1990) Dr. Judith Kunofsky, the Conference program coordinator, presented an update, outlining the confirmation of speakers and other details of the conference. N. Hanko appointed B. Crowder as an alternate to the Board' s Conference Committee and asked her to attend the Conference Advisory Committee meeting on August 15 in K. Duffy' s absence. B. Comprehensive Use and Management Plan Review for Long Ridge Open Space Preserve (Report R-90-87 dated July 18, 1990) D. Hansen stated that the 1 ,100 acre Long Ridge Open Space Preserve is a very popular preserve with varied terrain. He added that the recent acquisitions of the former Panighetti property and the former Bar Y Ranch property have rounded out this preserve. He stated that the use of this preserve has been increasing substantially and that 75% of its use is by bicyclists. He showed a map and slides of the preserve and commented that the workshop that was held on the preserve June 18, 1990 was attended by neighbors whose concerns focused on fire protection and the District' s grazing policy. He noted that the District has received a petition that will be presented at the next Board meeting concerning trail use. He said that Brian Osborne, who was present at the meeting, and some other neighbors are requesting that some areas be closed permanently and that others be closed seasonally when the 1 ' Meeting 90-18 Page 4 trails are muddy. He stated that climbing use has increased and that neighbors are also concerned about trespass in the Devil ' s Canyon area. He spoke of plans to locate parking in the area, trail designation, patrol vehicle access and plans to assist South Skyline Volunteer Fire Department with a water line installation. He stated that field staff have done some work to open the old Summit Road alignment and will complete further tasks to make this route part of the Bay Area Ridge Trail . He reviewed the staff recommendations to remove severely damaged buildings at the former Panighetti property and to remove the buildings at the former Bar Y Ranch property that staff has determined are too costly and a liability to retain. He said that Jikoji has suggested that terms of the agreement between Jikoji and the District may have to be changed. N. Hanko requested that the Board review, at a later date, the terms of the agreement with Bodhi (now Jikoji) that include maintaining the aquatic resources of the lake, providing drinking water, and providing hostel facilities . K. Carlson, a District ranger, commented on the desirability of the structures on the former Panighetti property for an overnight camp area. D. Hansen responded that the staff consideration in the use of these buildings involved concern for liability, maintenance, cost of upgrading the buildings, and the absence of a caretaker and caretaker facilities. Discussion focused on the question of whether to retain the buildings. R. Bishop stated that the board should go ahead and demolish the buildings and consider the use of the area as a backpack camp at a later date. Motion: R. Bishop moved that the Board tentatively adopt the revised Comprehensive Use and Management Plan for Long Ridge Open Space Preserve as contained in this report. R. McKibbin seconded the motion. Motion to Amend: B. Crowder moved that the revised Compre- hensive Use and Management Plan for Long Ridge Open Space Preserve be amended to delete the third new and revised Use and Management recommendation 3 on page 7 , eliminating the removal of buildings on the former Panighetti property. R. McKibbin seconded the motion. Discussion: Mike Hart, Sutton Park Place, Cupertino asked if the District would Meeting 90-18 Page 5 consider improving the structures and selling that portion of the property with an easement. D. Hansen responded that the District wants to keep the site and not create a private inholding. The motion to amend passed 4 to 1 , with R. Bishop voting against the motion for his reasons previously stated. The amended motion passed 5 to 0. C. Adoption of Memorandum of _Aq regiment CRepqrt R-90-88 dated _j34�11�819�90) H. Grench introduced the members of the District ' s negotiating committees (R. Bolanos of Whitmore, Kay & Stevens , C. Britton, J. Escobar, and J. Fiddes) and the members of Local 715 ' s negotiating team, (Rusty Smith of Local 715, open space technician, Phil Hearing, and ranger Tom Karnofel; ranger Matt Ken was not present at the meeting) . N. Hanko requested that the field staff members present introduce themselves. H. Grench stated that the work in reaching an agreement has yielded some very good results and improvements, especially in evaluation procedures, and recommended the Board approve the Memorandum of Agreement. Motion: R. McKibbin moved that the Board adopt Resolution 90-35, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715, Service Employees International Union, AFL-CIO/CLC. R. Bishop seconded the motion. The motion passed 5 to 0. D. Approval of Consultina Services Aareement with Foss and Associates (Report R-90-85 dated Jul_y_16, 1990) J. Fiddes stated that the two year agreement could be subject to termination by either the District or Foss and Associates at any time, pending the results of the General Manager's long-term staffing study. She said the proposed contract called for a monthly rate of $625 per month for an average of ten hours of service per month and a special project rate of $62.50 per hour. Motion: R. Bishop moved that the Board approve the Personnel Consulting Services Agreement with Foss Meeting 90-18 Page 6 and Associates and authorize the Board President to execute it in behalf of the District. K. Duffy seconded the motion. The motion passed 5 to 0. E. Proposed Addition of McNeil Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-90-86 dated July 16, 1990) C. Britton showed the location of the property on a map, and D. Hansen showed slides of the property. C. Britton stated that the contract calls for the County and District to share equally the cost of acquisition and demolition expenses. He stated that the demolition expense currently has a low bid of $16, 500. He stated that the purchase price for this 12-acre parcel would be $225, 000 and that it would be a joint purchase with the County of Santa Clara. He stated that, at the close of escrow, the District would then convey to the County 1. 5 acres of this parcel, an additional 2.7 acres of the former North property lying north of Hicks Road, and a scenic and open space easement over the ten acres of the McNeil property being retained by the District. The County would convey a park and recreation use easement to the District and would reimburse the District for purchase monies within 15 days of close of escrow and for demolition expenses within 30 days of the District's billing. H. Grench expressed that the success of this cooperative agreement to purchase this property with the County of Santa Clara may herald similar cooperative projects in the future. Motion: R. Bishop moved that the Board adopt the accompanying Resolution 90-36, 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 McNeil) . R. McKibbin seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board adopt Resolution 90-37 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District - - - ---- - - - - - Meeting 90-18 Page 7 Approving and Authorizing Execution of an Agreement with Santa Clara County (for Purchase of Real Property) , Authorizing Officer to Execute Scenic and Open Space Easement, 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 McNeil) . R. McKibbin seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. R. McKibbin seconded the motion. The motion passed 5 to 0. VII. INFORMATIONAL REPORTS N. Hanko announced that Board members are invited to attend a presentation on Roberts Rules of Order and Procedures for the Conduct of Public Meetings, Friday, August 3 at 7 :00 p.m. She and R. McKibbin will attend the presentation. N. Hanko announced that San Francisco Foundation has awarded a grant of $15, 000 to support the planning of the 1990 International Open Space Conference. She stated that this is $5, 000 over the $10, 000 requested by the District. B. Crowder stated that she, C. Britton, and S. Norton attended the San Mateo County planning commission meeting earlier in the day to hear the commission' s comments and action on the transfer of development rights ordinance. She stated that the matter was not resolved at the meeting and had been referred to another study session. D. Hansen summarized the recent City of Cupertino council meeting focusing on the protection of the area sold to Prometheus Development, in the area of Rancho San Antonio Open Space it Preserve, as open space. He said that the District will probably become part of a task force looking at ways to protect the open space character of the west side of Cupertino. H. Grench announced that he has been invited to speak at the League of Cities conference in Anaheim. C. Britton noted that the claim number 4441 for $15,000 was for the extension of the close of escrow for the purchase of the building at 330 Distel Circle and that the amount is not Meeting 90-18 Page 8 applicable to the purchase price. J. Escobar reported on three recent bicycle accidents on District preserves. M. Foster briefed the Board on the status of the District' s note issue and sale of tax-exempt certificates of participation. He stated that the underwriting agreements with Prudential-Bache Capital Funding would be presented to the Board for approval on August 8 and that the due diligence meeting, with N. Hanko representing the Board, would be held on August 2. VIII. CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 90-14. R. McKibbin seconded the motion. The motion passed 5 to 0. IX. CLOSED SESSION S. Norton announced that litigation matters to be discussed in Closed Session fell under Government Code Sections 54956.9 subsection (c) . C. Britton announced that land acquisition matters to be discussed would include Teague Hill Open Space Preserve. The Board recessed to Closed Session on litigation and land acquisition matters at 11:00 P.M. X. ADJOURNMENT The meeting was adjourned at 11: 47 P.M. Deborah Morvay-Zucker Secretary