HomeMy Public PortalAbout19920722 - Minutes - Board of Directors (BOD) A Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 92-18
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REGULAR MEETING
BOARD OF DIRECTORS
July 22, 1992
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MINUTES
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I . ROLL CALL
President Robert McKibbin called the meeting to order at
7 : 33 P .M.
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Members Present : Nonette Hanko, Robert McKibbin, Betsy
Crowder , Teena Henshaw, Ginny Babbitt, Richard Bishop, and
Katherine Duffy.
Personnel Present: Herbert Grench, Malcolm Smith, Jean
Fiddes , Randy Anderson, Del Woods John Escobar Sta nley
Norton and Joan Combs .
II . PLEDGE OF ALLEGIANCE
Members of Cub Scout Pack 74 of Los Altos led the Pledge of
Allegiance and led the singing of "America the Beautiful . "
R. McKibbin noted that Pack 74 members had installed
bluebird boxes at Russian Ridge Open Space Preserve as a
project .
III . ORAL COMMUNICATIONS
R. W. Caughlan, 10836 W. Loyola Drive , Los Altos Hills ,
requested a copy of the appraisal for the Vidovich property
prepared by Robert C . Reese of Carneghi-Bautovich &
Partners , Inc . S . Norton stated that the matter was still
in litigation, the contract not completed, and escrow not
closed, and that the appraisal was, in his opinion, not yet
a public document . Mr . Caughlan stated that he felt the
document was public information.
Harry Block , P .O. Box 2577 , Sunnyvale , requested a copy of
the appraisal , stating that the matter had come before Judge
Richard Tyrone on March 12 , 1992 , and that the judge , having
been advised that a settlement agreement had been executed,
dismissed the action in its entirety.
Shari Emling, 11853 Murietta Lane, Los Altos Hills , said
that the Board is liable for what the organization does .
S . Norton stated that there is no liability g
attendin a
legislative body or individual members of that body.
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Meeting 92-18 Page 2
Ed Seaman, 11519 Arroyo Oaks , Los Altos Hills , asked if
there was a legal reason for not releasing the Vidovich
property appraisal . R. Bishop replied that it was the
Board ' s custom not to release such a document until
litigation has been concluded. Mr. Seaman requested that
the appraisal document be released.
IV. ADOPTION OF AGENDA
The agenda was adopted by Board consensus .
V. ADOPTION OF CONSENT CALENDAR
N. Hanko requested that the minutes of the June 24 , 1992
meeting and the fourth agenda item (Authorization for
CalTrans to Enter District Lands to Complete Certain
Drainage Improvements) removed from the consent calendar .
B . Crowder requested that the seventh agenda item
(Authorization to Solicit Driveway Relocation Bids (La Honda
Creek Open Space Preserve) removed from the consent
calendar .
Motion: B. Crowder moved that the Board adopt the consent
calendar , as amended, including Written
Communications , Amendment to Rules of Procedure
for Financial Instrument Signatories and Revision
of Authorized Signatories for District Accounts
(Resolution 92-35 Amending Rules of Procedure;
Resolution 92-36 Establishing Financial Instrument
Signatories of the District for Santa Clara
County Accounts ; Resolution 92-37 Authorizing
Signing and Endorsing Checks and Other Instruments
for Checking Account (First Interstate Bank of
California - Los Altos; and Resolution 92-38
Authorizing Signing of Payroll Checks for Payroll
Checking Account (First Interstate Bank of
California -Los Altos) and Revised Claims . T.
Henshaw seconded the motion. The motion passed 7
to 0 .
VI . APPROVAL OF MINUTES
June 24 , 1992
N. Hanko referred to page 3 , paragraph 2 of the minutes , and
stated that she wanted to ensure that the General Manager be
apprised of the need to develop a system for renewing the
water and repeater rights opinion. S . Norton requested his
name be added to personnel present at the meeting.
Motion: N. Hanko moved that the Board approve the minutes
of June 24 , 1992 as amended. T. Henshaw seconded
the motion. The motion passed 7 to 0 .
Meeting 92-18
Page 3
VII . BOARD BUSINESS
A. Award of Bid for Eucalyptus Tree Removal at Rancho San
Antonio Open Space Preserve (Report R-92-86)
J . Escobar reviewed the public bid process results ,
noting that bids had been higher than predicted. He
said an on-site meeting had been held June 24 with
approximately 15 people attending. He said that
suggested options to removal of the trees included
safety pruning, cabling, and rerouting of trail , and
said that the arborist recommends removal because of
safety considerations , noting that safety pruning
prolongs the potential hazard.
D. Woods stated that moving the trail would involve
excessive grading within the creek corridor . He said
there were approximately 80 native trees within the
corridor, and that a tree canopy will remain .
J. Escobar reviewed the staff recommendation, and said
that the arborist ' s revegetation plan would be
available at the next meeting.
T. Henshaw suggested clean up after the tree removal
would be an ideal volunteer project, perhaps giving
some of the wood to the volunteers . H. Grench said it
was necessary to clarify what the bidders intend to do
with the cut wood, including possible resale . J.
Escobar said that cutting the wood would require large
chain saws and powered wood splitters , and therefore
would not be a suitable volunteer project . H. Grench
said that the bid specifications had not specified
final disposition of the wood. Ed Seaman, 11519
Arroyo Oaks , Los Altos Hills , suggested using prison
labor for cleanup. J . Escobar said that professional
workers were needed for this project , to allow for the
preserve being closed for the shortest period of time
possible .
N. Hanko said that the District should be prepared for
public reaction to the tree removal . She reviewed a
report she had obtained from another arborist , John
Nicholas , noting his findings supported those of Barry
Coates and Associates , the arborists engaged by the
District .
Al Hastings , 3940 Grove Avenue', Palo Alto, encouraged
saving the owl tree for another year.
J. Escobar said that the work would be done in two
stages : from the permit lot to the farm gate , and then
the Deer Hollow Farm area . He estimated that each
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stage would take about a week . H. Grench reported that
he had received a call from Marge Harris , Georgia
Street , Palo Alto , expressing her concern that the owl
tree be preserved.
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N. Hanko recommended that the preserve be signed at the
parking lot to warn users of the tree work, especially
visitors with baby strollers .
Motion: B . Crowder moved that the Board accept the
lowest responsible bid of $36 , 210 from S . P .
McClanahan Co. , Inc . of Portola Valley for
the removal of 19 eucalyptus trees and the
safety pruning of one eucalyptus tree that is
I a nesting site for a great horned owl . R .
Bishop seconded the motion. The motion
passed 7 to 0 .
Motion: B . Crowder moved that the Board authorize the
General Manager to enter into a contract for
performance of the work. R. Bishop seconded
the motion. The motion passed 7 to 0 .
B . Informational Report to the Board on Requirements and
Response for the Americans with Disabilities Act
(Report R-92-80)
R. Anderson reviewed the Americans with Disabilities
Act requirements, noting that the Act was basically
self-policing. He said that compliance requires a
great deal of interpretation, particularly for open
space agencies . He said that the Act specifies
mainstreamed access , but does not require that basic
services be altered in a fundamental way. He reported
that the completion deadline for the Transition Plan,
which involved identifying physical obstacles and
identifying steps for implementation was Jul
y 26 ,
1992 . R. Anderson not
ed th
at the District already
achieves basic compliance, and District staff will take
note of remaining barriers . He said that the
District ' s self-evaluation must be completed by January
26 , 1993 . He said that considerable staff time would
be involved in putting together a list of organizations
concerned with disabilities and scheduling a series of
workshop
s startingin September.
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B. Crowder said that a good faith effort to provide
greater accessibility to the physically challenged has
been made by the District in the past, and recommended
complying with the Act with the least possible
disruption.
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Meeting 92-18 Page 5
C . Authorization for CalTrans to Enter District Lands to
Complete Certain Drainage Improvements (Report R-92-87)
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In response to a question from N. Hanko, J. Esobar
pointed out the areas on Russian Ridge and Thornewood
Open Space Preserves where the work would be done .
Motion: N. Hanko moved that the Board authorize the
President of the Board of Directors to
execute the CalTrans Permit to Enter. B .
Crowder seconded the motion. The motion
passed 7 to 0 .
D. Recision of Agreement to Purchase Corte Madera
Partnership Property as a Proposed Addition to Windy
Hill Open Space Preserve (Report R-92-85)
H. Grench reviewed the May 27 , 1992. acquisition
agreement, noting that the partnership had since been
reorganized and that major changes to the agreement
were requested being by the new partners . He said that
as a result of the reorganization, escrow did not close
and no extension of the escrow period was agreed to by
the parties . S . Norton said that since there was never
a contract , rescinding carries no liability, and that
staff will return to the Board when and if the
agreement is renegotiated. R. Bishop said that it was
important to take the recommended action
at this time
in order to keepthe District ' s options
ptions open and until
the District ' s financial situation is clarified.
Motion: R. Bishop moved that the Board adopt
Resolution 92-39 , a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Rescinding Resolution 92-
23 , dated May 27 , 1992 , Declaring Null and
Void Real Property Transfer Agreement , and
Authorizing General Manager to Give
Appropriate Notice (Windy Hill Open Space
Preserve - Lands of Corte Madera, a
Partnership) . G. Babbitt seconded the
motion. The motion passed 7 to 0 .
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E. Scheduling of 20th Anniversary Board Member Hikes
(Report R-92-83)
B . Crowder reviewed staff ' s report to the 20th
Anniversary Committee on the Skyline Ridge event . She
said that the November 7 Founders ' Day event will be
self-supporting and will be held at the University Club
in Palo Alto.
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B . Crowder said that a letter of invitation to a Board
member hike had been drafted by M. Smith to be sent to
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Meeting 92-18 Page 6
elected officials . N. Hanko suggested that each Board
member might wish to personalize the letter , and said
that she preferred to first determine availability of
officials by phone, and then send a confirmation
letter.
M. Smith reminded the Board that firm dates needed to
be set so that field staff could be informed. N. Hanko
said that she favored inviting citizens as well as
council members . K. Duffy suggested group lunches at
the District office for officials .
F. Authorization to Solicit Driveway Relocation Bids (La
Honda Creek Open Space Preserve) (Report R-92-
84)
In response to a question from N. Hanko, R. Anderson
stated that the driveway relocation will provide access
for District patrol vehicles , but no public access . S .
Norton stated that the relocation was part of the
stipulated court settled, and that the neighbors favor
the relocation.
Motion: B. Crowder moved that the Board authorize
staff to advertise for bids to relocate the
Weeks driveway on La Honda Creek Open Space
Preserve. G. Babbitt seconded the motion.
The motion passed 7 to 0 .
The Board recessed at 9 : 30 P.M. and reconvened at 9 : 43
P .M.
G. Bay Trail Slide Show
D. Woods presented a slide show on the San Francisco
Bay Trail prepared for the South Bay Trail Forum and as
an educational tool for other environmental groups .
VIII . INFORMATIONAL REPORTS
J. Fiddes announced that the nomination period opened on
July 13 for the election of a director in Wards 3 , 4 , and 7 .
H. Grench announced that the date for the No-So-Annual
Conference is Saturday, November 21 , hosted by Monterey
Peninsula Regional Park District.
B. Crowder reported that the Docent Recognition Event at
Thornewood Open Space Preserve on July 18 was attended by
approximately 70 people.
T. Henshaw said that she had cards available to send to
Congressman Mineta stating opposition to any commercial
aviation at Moffett Field.
Meeting 92-18 Page 7 ;
H. Grench reported that he and Director Duffy will meet with
David Knapp and a Los Gatos Town Council member to discuss
pending litigation with the Town of Los Gatos regarding
their central Los Gatos redevelopment project .
H. Grench announced that the projected move date to the new
office is August 28 .
H. Grench recommended that the August 12 regular meeting
include an Action Plan study session, and solicited the
Board ' s ideas for discussion topics .
In response to a question from K. Duffy, H. Grench said that
the job specifications resulting from the salary study are
in the final review process , and that the consultant ' s
salary recommendations will be reviewed by the management
team. He said that the Budget Committee will also review
the recommendations prior to review by the full Board.
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H. Grench reported that he had received inquiries concerning
contributions towards the Vidovich property acquisition, and
said that he had consulted with Peninsula Open Space Trust
concerning the possibility of POST taking the lead or
lending assistance to a fund raising effort . He said that
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POST had declined because of its commitment to the Phleger
acquisition project, but would be willing to meet with a
citizens '
ens fund raising group.
rou .
H. Grench reported on the status of the state budget crisis ,
and
n said that there is still a chance that the District may
get an exemption from having its funding cut, as property
tax is its only stable source of income .
M. Smith reported that he and H. Grench had attended the Bay
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Area Open Space Council workshop in Walnut Creek on July 14 .
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R. Anderson announced an on-site workshop at El Corte de
Madera Open Space Preserve on Wednesday, August 19 , and said
that the workshop will be publicized in the Kings Mountain
Echo.
J. Escobar reported an accident involving an equestrian and
bicyclist at Fremont Older Open Space Preserve; a bicycle
III accident at E1 Corte de Madera Open Space Preserve; and a
search for a missing person at Rancho San Antonio County
Park and Preserve involving more than 50 searchers .
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H. Grench reported that he had given a presentation about
the District to a meeting hosted by the Trust for Public
Land honoring the American-Japanese Environmental Forum.
The meeting was attended by four guests from Japan.
Meeting 92-18 Page 8
In response to a question from R. McKibbin, S. Norton said
that the Kopp bill , now in legislation, would revise the
Brown Act , and he reviewed the legal definition of what
constitutes a meeting of the Board.
IX. CLOSED SESSION
S . Norton announced that existing litigation, MROSD vs .
Vidovich and MROSD vs Monte Sereno Estates and Vylon
Management Corporation, and a claim against the District to
be discussed in closed session fell under Government Code
Section 54956 . 9 , (a) and bl) . The Board recessed to Closed
Session on litigation matters at 10 : 45 P.M.
X. ADJOURNMENT
The meeting was adjourned at 11 : 45 P.M.
Joan Combs
Secretary