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