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HomeMy Public PortalAbout19920108 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS January 8 , 1992 MINUTES I . ROLL CALL President Nanette Hanko called the meeting to order at 7 : 39 P.M. Members Present : Ginny Babbitt , Richard Bishop, Betsy Crowder, Kay Duffy, Nonette Hanko, Teena Henshaw, and Robert McKibbin. Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes , Mary Hale, John Escobar, Del Woods , and Deborah Morvay-Zucker. II . APPROVAL OF MINUTES December 18 , 1.991 Motion: R. McKibbin moved that the Board accept the minutes of December 18 , 1991 as presented. G. Babbitt seconded the motion. The motion passed 7 to 0 . III . WRITTEN COMMUNICATIONS D. Morvay-Zucker stated that there were no written communications . N. Hanko stated that she received a letter from Dianne McKenna advising postponement of the Santa Clara County Board of Supervisor ' s public hearing on trail policy until January 28 and urging attendance. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA N. Hanko stated that it would be necessary for the Legislative Committee to meet before the next Board meeting and that R. McKibbin requested that the appointment of the committee be added to the agenda. Motion: R. McKibbin moved that the Appointment of Legislative Committee be added to the agenda . B. Crowder seconded the motion. The motion passed 7 to 0. The agenda as amended was approved by Board concensus . VI . BOARD BUSINESS A. Election of Board Officers for 1992 (Report R-92-02) By signed ballot, the Board elected R. McKibbin to serve as President , B. Crowder to serve as Vice President , G. Babbitt to serve as Treasurer, and T. Henshaw to serve as Secretary. J. Fiddes counted the ballots that are available for public inspection. 201 San Antonio Circle,Suite C-135 a Mountain View,California 94040 � Phone:(415)949-5500 . FAX:(415)949-5679 Genera!Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-01 Page 2 B. Requested Relay Station: Mt . Umunhum and Related Policy (Report R-92-08) N. Hanko stated that she received a request from U. S . Geological Survey to locate a relay station on Mt . Umunhum. She recommended that the Board honor an exemption of fee for the installation because U. S .G. S . was suffering budget cuts in staffing and did not have funds to pay District fees for the installation . She explained that the relay station was needed because U. S .G. S . wanted to convert its data collection from telephone to radio communications because telephone communications were interrupted by the October 1989 earthquake , She also recommended that the Board develop a policy to exempt fees for government agencies for uses deemed to be in the best interests of the public on a case by case basis . She introduced John Van Schaak of U. S .G. S. He stated that the site, about 100 feet from an existing monitoring station , would secure the communications in case of an earthquake , allowing U. S .G. S. to collect data from the south bay without having to use telephone lines . G. Babbitt stated that she supported approval of the request under the District ' s Good Neighbor Policy. H. Grench stated that the fee negotiated with U. S .G. S . was ten per cent of market value, that such an approval would set a precedent , and noted that the District acquired the land as a purchase from the federal government . He also stated that permanence of the site was a consideration given that planning for the top of Mt . Umunhum had not yet been done. D. Woods stated that because of the visual impact the District, should take every precaution in locating the site. He discussed the importance of a visual analysis and the long term visual impact on the mountain top. He added that U. S .G. S . receives compensation from the District for the materials the agency provides , which are also used by the District. for public benefit . He emphasized the good ongoing relations between the District and U. S .G. S . C . Britton addressed issties raised during negotiations with Mr. Van Schaak in reference to District policies , specifically, scenic concerns , consolidation of facilities , and no new sites except for extreme cases . He stated that the most, recently approved C & C Equipment site at Black Mountain was a consolidation with an existing site , that C & C equipment pays full market value rent plus 105% of gross profits , and that extensive visual analysis for location of the site preceded site approval . He stated that consideration of the proposed installation as temporary is impractical because the data being obtained from the specific location over a period of years may make relocation undesirable to the agency and that any such installation should be considered by the Board as permanent . He Meeting 92-01 Page 3 noted , additionally , that U. S .G. S . has six ground facilities on District land at no cost , and that Stanford University and the F.A.A. pay fees for, their use of communications site-, on Black Mountain that may also be considered of public benefit . He stated that he offered the Mt . Umunhum site to U. S .G. S . for a fee of $60 per month, 1/10 of market value . He stated that the planned site is not a good site and that no visual analysis has been done on the location but that an agreement could be made if the installation was temporary, could be removed with 60 days notice and could be moved to the P.T. & T. building where the District will. place its own repeater . Mr. Van Schaak stated that the tower will be used as a repeater station for seismic data collectors and transmitters , and that it has other sites for regular collection of seismic data. He, stated the agency ' s need to erect the tower without cost in a low radio noise location, and that he would have the authority to remove the site upon 60 days notice. Motion: N. Hanko moved that the Board honor, an exemption of fee for U. S . Geological Survey' s request for a relay station and direct staff to negotiate an agreement with U. S .G. S . to locate it at a site that is agreeable to both parties . R . Bishop seconded the motion. Discussion: K. Duffy recommended that the fee be waived and that after two years a fee schedule be established with an escalator . T. Henshaw stated that she opposed a permanent waiver of fees . Motion T. Henshaw moved to amend the motion to state that, to after a two year period a fee schedule would be Amend: imposed. K. Duffy seconded the motion. Discussion : T. Henshaw clarified that negotiation could include a fee schedule or services-in-kind. Mr . Van Schaak stated that he could not make commitment, for- services-in-kind or fee in any amount and that if a fee were required he would withdraw the request . D. Wood,,--, asked if the Board would require and pay for a visual analysis by a consultant since U. S .G. S . would be unable to pay for the analysis . R . McKibbin responded that because the site location would be temporary that the visual analysis should be waived. The motion to amend passed on the following vote: Ayes : G. Babbitt , R. Bishop, B . Crowder, K. Duffy, and T. Henshaw. Noes : N . Hanko and R. McKibbin. The amended motion passed 7 to 0 . Meeting 92-01 Page 4 C . Action Plan Review (Report R-92-01.) The Board determined that individual Board members would review the plan with staff as needed. D. Appointment of Budget Committee (Report R-.92-04) R . McKibbin stated that his appointment recommendations for the Budget Committee were Teena Henshaw, Ginny Babbitt , and Kay Duffy. Motion: R. Bishop moved that the Board approve the appointment of Teena Henshaw , Ginny Babbitt , and Kay Duffy to the Budget Committee. T. Henshaw seconded the motion. The motion passed 7 to 0 . E. Appointment. of Legislative Committee R . McKibbin stated that his appointment recommendations for tire Legislative Committee were T. Henshaw, B. Crowder , and N. Hanko. Motion : G. Babbitt moved that the Board approve the appointment of Teena Henshaw , Betsy Crowder, and Nonette Hanko to the Legislative Committee. K. Duffy seconded the motion. The motion passed 7 to 0 . T. Henshaw requested that a meeting of the Legislative Committee be scheduled as soon as possible . F. Renewal of Investment Authority (Report R--92-03) Motion: B. Crowder moved that the Board adopt Resolution 92--01 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Tnvest Temporarily Idle Funds in Securities Allowed by Government Code. G. Babbitt seconded the motion . The motion passed 7 to 0 . G . Renewal of Contract with Legislative Consultant (R , )c)rt R-92-01) Motion, T. Henshaw moved that the Board authorize the general, manager to execute consulting services agreement with SR,T -Jackson , Barish and Associates . G. Babbit seconded the motion. The motion passed 7 to 0 . VTT . INFORMATIONAL REPORTS B. Crowder reported that she would be attending the Peninsula Conservation League conference Saturday, January 11 . She also reported that she observed hang gliding at Windy Hill on New Year ' s Day. H. Grench reported that dates would appear on all District publications . He stated a request by the League of Women Voters of Los Altos for a speaker from the District . R. McKibbin agreed to be Meeting 92-01 Page 5 the speaker . He also informed the Board that the Ridge Trail. Council invited the District to appoint a member to the Ridge Trail Council board of directors . R. Bishop was considering the appointment . H. Grench reported that the Trails and Pathway Committee of Santa Clara County Intergovernmental Council may include a District Board member on its 15 member council. . Additionally, he also reported that the 1992 Open Space Conference in Cape May has been canceled and that the District ' s $1000 contribution to the conference would be returned . C . Britton reported that the interior of the new office building was being demolished and that construction could commence prior to obtaining permits . He stated that the town council of the Town of Woodside would hear a full report for an assessment district proposal at their meeting of February 11 , 1992 . Additionally, he reported that he will give a talk on the District ' s eminent domain policies to the American Right of Way Association in Los Gatos. J. Escobar stated that L. McGuire, volunteer coordinator , was taking a leave of absence . He said that an administrative internship for field employees was being explored and could include working on the volunteer program. M. Hale reported that she participated as a judge for the annual California Park and Recreation Society publications competition. N. Hanko reported that the 20th Anniversary Committee had its first meeting and would meet again on Wednesday, January 15 at 4 : 00 P.M. VTTI . CLAIMS Motion: N. Hanko moved that the Board approve Claims 92-01 . G. Babbitt seconded the motion . The motion passed 7 to 0 . IX. CLOSED SESSION H. Grench announced that closed session would include personnel matters only. X. ADJOURNMENT The meeting was adjourned at 9 : 19 P .M. Deborah Morvay-Zucker Recording Secretary CORRECTION TO MINUTES OF JANUARY 8, 1992 January& _ 1992 B. Crowder noted the "Peninsula Conservation League" in her informational report on page four should be changed to "Planning and Conservation League . " Motion: R. Bishop moved that the Board approve the minutes of January 8 , 1992 as corrected. R. McKibbin seconded the motion. The motion passed 6 to 0 .