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HomeMy Public PortalAbout19920722 - Minutes - Board of Directors (BOD) A Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I Meeting 92-18 I I I REGULAR MEETING BOARD OF DIRECTORS July 22, 1992 I MINUTES I I I . ROLL CALL President Robert McKibbin called the meeting to order at 7 : 33 P .M. I 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. I I I 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 i I j Meeting 92-18 Page 4 ' ' i 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. I 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. P 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. I Meeting 92-18 Page 5 C . Authorization for CalTrans to Enter District Lands to Complete Certain Drainage Improvements (Report R-92-87) c 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 . I 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. i B . Crowder said that a letter of invitation to a Board member hike had been drafted by M. Smith to be sent to I 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. i 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 i 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 i Area Open Space Council workshop in Walnut Creek on July 14 . i 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 . i 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