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HomeMy Public PortalAbout19901010 - Minutes - Board of Directors (BOD) Open Space ........... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 90-23 REGULAR MEETING BOARD OF DIRECTORS October 10 , 1990 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 35 P .M. Members Present : Katherine Duffy, Nonette Hanko, Richard Bishop, Robert McKibbin, Teena Henshaw , and Betsy Crowder . Personnel Present : Craig Britton, David Hansen, Gregory Grimm , Stanley Norton and Emma Johnson. II . WRITTEN COMMUNICATION E. Johnson stated that there were no written communications . III . ORAL COMMUNICATIONS There were no oral communications . IV. ADOPTION OF AGENDA N. Hanko stated that the agenda was adopted by Board consensus . V. BOARD BUSINESS A. Proposed Addition of Schmidt Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (Report R-90-109 dated October 3 , 1990) C . Britton reported that the 19-acre proposed acquisition is one-third mile from the Cathedral Oaks Area of Sierra Azul Open Space Preserve and could provide a trail connection between the entrance to the Cathedral Oaks Area and the remaining portion of the preserve above Wrights Station. He said the purchase price of $150 , 000 is payable in cash at close of escrow. D. Hansen' s slide presentation showed the site and the location of Weaver Road on the property. He said the property would provide vital trail connections in the area. He said that staff recommends installation of private property and preserve boundary signs , and that the site be designated a conservation management unit . Sue Dammann, 4719 Borina Drive, San Jose said she and her husband plan to build on the property adjacent to the site . She told the Board that Weaver Road is one lane wide and too narrow for the public to use , and asked if it would be widened if the area were opened to the public. D. Hansen responded that parking at the site is not being considered and that use would be primarily for hikers . C . Britton 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 90-23 Page two added that the Board would consider any changes in the use at a public meeting, and Mrs . Dammann could learn of such considerations through subscribing to the meeting agendas . Mrs . Dammann asked if the District ' s purchase of the property would impact the approval of their building plans . C . Britton responded that it would not impact their getting the county ' s approval unless variances were required . Motion: K. Duffy moved that the Board adopt Resolution 90- 45, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District 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 Schmidt) . R. McKibbin seconded .the motion. The motion passed 6 to 0 . Motion: K. Duffy moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations , including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. R. McKibbin seconded the motion. The motion passed 6 to 0 . B. Proposed Addition of Mavr Property to Sierra Azul Open Space Preserve (Report R-90-112 dated October 3 , 1990) C . Britton introduced the item and said a dirt road serving three other homes runs through the center of the 85-acre property but , the location of the road is unspecified in recorded documents . He said improvements consist of a house , swimming pool , stable , mobile home, and various outbuildings . He added that the purchase agreement provides for payment of $600 , 000 in cash at close of escrow. D. Hansen showed slides of the area showing boundaries , roads , and trails . He said the site is flat and would be an excellent staging area for trails leading to the Cathedral Oaks and Limekiln Areas of Sierra Azul Open Space Preserve. He said the main house could be utilized as a caretaker or ranger residence , and that staff recommends removal of the other structures . He added that the site has two wells and a running spring. D. Hansen said that staff recommends two changes to the report : 1) the addition of "Cathedral Oaks Area" of Sierra Azul Open Space Preserve in the second recommended action, and 2) addition of "property closed" signs in the Preliminary Use and Management Recommendations . Meeting 90-23 Page three Motion: R. McKibbin moved that the Board adopt Resolution 90-46 , 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 Mayr) . T. Henshaw seconded the motion. The motion passed 6 to 0 . Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations as amended, including naming the property as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve, and that the Board indicate its intention to withhold the property from dedication at this time. T. Henshaw seconded the motion. The motion passed 6 to 0. C . Proposed Transfer of Private Water Line Easement - Purisima Creek Redwoods Open Space Preserve (Lands of Fisher) (Rg rt R-90-114 dated October 4 , 1990) _Qo C . Britton reported that Mr. and Mrs . Ken Fisher had requested a water line easement within the right of way of Purisimma Road and that , in exchange, he would provide all maintenance on Purisimma Road as long as the District uses the road for patrol and maintenance purposes only. C . Britton said this transfer could be an advantage to the District , but that the last 200 foot portion of Purisimma Road is on dedicated land and that a unanimous vote by the Board would be required to approve the easement over the dedicated land. He suggested that the Board approve a revokable permit at this time and that staff present the modified transfer agreement to the Board at a later date. S . Norton opined that based upon the pertinent section of the Public Resources Code , a "unanimous vote of the Board" would be the full six-member Board, as long as the Ward 4 director seat remains vacant . Motion: R. Bishop moved that the Board authorize the granting of a Revokable Permit to Mr. and Mrs . Fisher to install the water line Mr. Fisher is proposing and that the Board consider the matter further when the agreement is modified. R. McKibbin seconded the motion. The motion passed 6 to 0 . Meeting 90-23 Page four D. Approval of Black Mountain Communication Site Lease With C & C Equipment Company, Inc. (Report R-90-113 dated October 4 , 1990) C . Britton said that the Board had previously authorized the negotiations for the lease for a telecommunications facility at the site . He said the lease is based on the standard LL lease with some additional features : a contingency for the Lessee to obtain the necessary permits , an initial term of 5 years after the commitment date and four 5-year options to renew thereafter, an escalating rental schedule in the first 5 years , indemnification of District for any frequency interference claims , and an agreement to allow the District to install a repeater at no rental cost . Motion: R. Bishop moved that the Board adopt Resolution 90-47 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Communications Site Lease With C & C Equipment Company, Inc. (Monte Bello Open Space Preserve , Black Mountain) . R. McKibbin seconded the motion. The motion passed 6 to 0 . E. Rescheduling of October 30 Special Meeting (Report R-90-107 dated October 1 , 1990) Motion: R. McKibbin moved that the Board reschedule its October 30 , 1990 Special Meeting to Monday, October 29 , 1990 at 8 : 00 P.M. for the purpose of conducting final interviews of selected applicants and selecting a new director for Ward 4 . B. Crowder seconded the motion. The motion passed 6 to 0 . F. Support of Measure T (Report R-90-110 dated October 2 , 1990) Motion: R. Bishop moved that the Board adopt Resolution 90-48 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the City of Cupertino Measure "T" , the Open Space Measure, on the November 1990 ballot. T. Henshaw seconded the motion. The motion passed 6 to 0 . G. Appointment of Peace Officer (Report R-90-108 dated October 2, 1990) Motion: R. Bishop moved that the Board adopt Resolution 90-49, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer - Phillip Hearin. R. McKibbin seconded the motion. The motion passed 6 to 0. VI . INFORMATIONAL REPORT C . Britton noted that the letter from Leon Pauser regarding Mt . Umunhum was included in the packet with three attachments concerning the District ' s position on Mt. Umunhum. N. Hanko Meeting 90-23 Page five indicated that the Board Should review these letters and discuss the matter of another response letter at the meeting of October 24 , 1990 . D. Hansen reported that Board and staff has received an invitation to the South Skyline Association ' s Chili Cook Off on October 21 from 10 a .m. to 4 p.m. at the Fisse residence . He added that the Fishers are opening a general store next to the parking lot at Purisima Creek Redwoods Open Space Preserve. G. Grimm reported that two mountain bike accidents occurred on District property in the past three weeks , one on El Corte de Madera Preserve resulting in a broken collar bone and one on Fremont Older Open Space Preserve resulting in a dislocated shoulder. He said that both individuals indicated that they were not paying attention at the time of the accidents . T. Henshaw reported that she and R. McKibbin attended the recognition event for Deer Hollow Farm docents , noting that it was a very good event . C . Britton reported that escrow closed on the new office building on October 2 and staff is proceeding with improvements and putting out request for proposals for architectural drawings for District utilization of the property. He said the sprinkler system , although previously approved by the City of Los Altos , does not meet building codes and must be replaced and that the estimated cost to replace the system where tenants will be located will be $15, 000 . C Britton reported that Ken Fisher is giving a talk at Kings Mountain Community Center at 2 P .M. October 21 on historical aspects of logging at Purisima Creek Redwoods and Corte de Madera Open Space Preserves . C . Britton reported that seven individuals have requested applications for filling the Ward 4 vacancy. C . Britton reported that the Town of Woodside will schedule an election in the spring for the purpose of acquiring development rights over the two parcels at Teague Hill Open Space Preserve . He said the District would continue to own and manage the propery and that its use would be limited to open space . If the election were successful , a formal agreement would be negotiated and returned for Board consideration. VII . CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 90-18 , dated October 10 , 1990 . T. Henshaw seconded the motion. N. Hanko said she would abstain from voting on claim 4783 to IBM Corporation. The motion passed 6 to 0 . Meeting 90-23 Page six VIII . CLOSED SESSION S. Norton announced that potential litigation matters to be discussed in Closed Session fell under Government Code Section 54956 . 9 (c) . Ik. ADJOURNMENT The Board adjourned at 9 : 35 P.M. Emma Johnson Recording Secretary ,I II II i ii II a Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CORRECTION TO MINUTES OF OCTOBER 10, 1990 October 10 1990 B. Crowder stated that on page three , item C the spelling of Purissima Road should be corrected . Motion : B. Crowder moved that the Board approve the minutes of October 10 as corrected . R. McKibbin seconded the motion. The motion passed 5 to 0 . Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 Genera!Manages Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit