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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-24
REGULAR MEETING
BOARD OF DIRECTORS
September 23 , 1992
MINUTES
i
I . ROLL CALL
President Robert McKibbin called the meeting to order at 7 : 30
P.M.
Members Present: Ginny Babbitt , Richard Bishop, Betsy Crowder,
Teena Henshaw, Robert McKibbin, Kay Duffy, and Nonette Hanko.
Personnel Present: Herbert Grench, Craig Britton, Jean Fiddes ,
Randy Anderson, Annette Coleman, Del Woods , Mary Gundert,
Stanley Norton , and Deborah Morvay-Zucker.
II . ORAL COMMUNICATIONS
Margaret Fruth, 1007 Peggy Street, Menlo Park, urged the
Board ' s support of the purchase of the Saint Patrick ' s Seminary
property in Menlo Park. She requested that the Board place the
District ' s support of its purchase on a future agenda and
suggested that the Beard ' s policy include an acreage minimum
local funding requirements , such as the creation o and oca f 1 r f
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assessment districts , specifically for the purchase of urban
open space .
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R. Bishop stated the District ' s longstanding position against
purchasing urban open space because of the potential for
numerous requests from cities for urban acquisitions and the
high cost of urban lands relative to the cost of the District ' s
other contemplated acquisitions. R. McKibbin stated that the
citizens ' groups interested in the seminary property
acquisition should work on their proposals with the city
council of Menlo Park.
III . ADOPTION OF AGENDA
R. McKibbin stated that the agenda was adopted by Board
consensus .
IV. ADOPTION OF CONSENT CALENDAR
B. Crowder requested removal of the August 26 minutes from the
consent calendar. R. McKibbin requested removal of written
communications and revised claims from the consent calendar.
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 e
General Manager:Herbert Grench Hoard&Directors:Katherine Duffy,Robert McKibbin,Teena tienshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 92-24 Page 2
Motion: B. Crowder moved that the Board adopt the consent
calendar as amended, including minutes of August 12,
September 2, and September 14 , 1992. G. Babbitt
seconded the motion. The motion passed 7 to 0.
V. APPROVAL OF MINUTES
August 26, 1992
B. Crowder stated that the spelling "DeWitt" on page 4 should
be correctly spelled "de Wit . " N. Hanko stated that Pat Cala ' s
residence on page I should be corrected to read "Palo Alto. "
Motion: B. Crowder moved that the Board approve the minutes of
August 26 , 1992. G. Babbitt seconded the motion. The
motion passed 7 to 0 .
VT . WRITTEN COMMUNICATIONS
Referring to the August 20 letter from Jon K. Linderman, 1526
Canna Court , Mountain View; the August 30 letter from David S.
H. Rosenthal , 427 Alma Street #407 , Palo Alto; and the
September 1 letter from Robert R. Wilkinson, 870 Parrott Drive,
San Mateo, R. McKibbin requested an update on proposed actions
to address the problems on Whittemore Gulch Trail. R. Anderson
stated that the problems and other progress would be addressed
more specifically at the September 30 Trail Committee meeting.
D. Woods stated that slides would be shown of the damage on
Whittemore Gulch trail . He briefed the Board on the ranger-
information barricade program initiated at Fremont Older Open
Space Preserve, and said that notices and signs would be posted
in problem areas . A. Coleman stated that the barricade program
is intended to give information to all trail users about the
problems that exist .
R. Bishop stated that the Trail Committee should consider
closing Whittemore Gulch Trail to bicyclists . G. Babbitt
suggested designating that bicycle use on the trail be
restricted to uphill, travel .
Motion: G. Babbitt moved that the Board approve the draft
responses prepared for written communications from Dr.
Jon K. Linderman, 1526 Canna Court, Mountain View,
dated August 20, 1992; David S. H. Rosenthal , 427 Alma
Street #407 , Palo Alto, dated August 30, 1992; and
Robert Wilkinson, 870 Parrott Drive, San Mateo, dated
September 1 , 1992. B. Crowder seconded the motion.
The motion passed 7 to 0.
II
Meeting 92-24 Page 3
VII . BOARD BUSINESS
A. Proposed Addition of the Lindemann et al . Property to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve
(Report R-92-92)
C . Britton described the 46-acre property south of Soda
Springs Road and east of Lexington Reservoir. He stated
that the purchase price was $150, 000 and that the
acceptance date of the standard purchase agreement had been
extended twice due to the District ' s concerns about the
impact of the state ' s budget problems . D. Woods stated
that the property could provide a trail connection crossing
Soda Spring Canyon.
Motion: K. Duffy moved that the Board adopt Resolution 92-
42, 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 or Assistant General Manager to
Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Sierra
Azul Open Space Preserve - Lands of Lindemann et
al . ) . R. McKibbin seconded the motion. The
motion passed 7 to 0.
Motion: K. Duffy moved that the Board tentatively adopt
the Preliminary Use and Management Plan
recommendations contained in the report, including
naming the property as an addition to the
Cathedral. Oaks Area of Sierra Azul Open Space
Preserve, and indicate its intention to withhold
dedication of the property as public open space at
this time. R. McKibbin seconded the motion. The
motion passed 7 to 0 .
B. Award of Contract for Sausal Dam Spillway Repair Proiect
(Report R-92-100)
Motion: T. Henshaw moved that the Board accept the lowest
responsible bid of $36, 569 from George Bianchi
Construction of San Jose for reconstruction of the
spillway at Sausal Dam on Windy Hill Open Space
preserve per the plans and specifications prepared
fi by Milstone Geotechnical and authorize the general
manager to enter into a contract for performance
of the work. K. Duffy seconded the motion. The
motion passed 7 to 0 .
Meeting 92-24 Page 4
C . Procedure for Filling of Ward I Board Vacancy (Report R-92-
J. Fiddes reviewed the Board' s options for filling the
Ward I vacancy by appointment or election. T. Henshaw
spoke in favor of filling the vacancy in Ward 1 by
appointment upon K. Duffy' s resignation. R. Bishop also
supported the appointment of a new director and stated that
the appointment process would minimize the vacancy period.
T. Henshaw stated that the schedule for the procedure
should allow plenty of time for prospective applicants to
submit their applications.
Motion: R. Bishop moved that the Board fill the Ward I
vacancy by appointment; approve the application
forms to be used; establish the requirement that
applications be received at the District office by
5:00 P.M. Wednesday, November 4 , prohibiting
acceptance of applications by telefax
communication; and schedule special Board meetings
for interviews on Thursday, November 12 and
Wednesday, November 18 . T. Henshaw seconded the
motion. The motion passed 7 to 0.
VIII . INFORMATIONAL REPORTS
G. Babbitt stated that the staff recognition dinner was
scheduled for Thursday, October 22. She also reported that the
annual Los Altos Horseman' s Association Romp and Stomp
organizer, Barry Friedman, indicated that the Romp and Stomp is
no longer needed and that relations between equestrians and
bicyclists have improved.
B. Crowder reported on the 20th Anniversary events plans.
Additionally, she reported that the San Mateo County Trails
Advisory committee met to discuss plans for trails south of
Highway 84 and that M. Gundert presented the District ' s trails
development plans for the area at that meeting.
R. McKibbin announced the death of William Penn Mott and
recommended that the District memorialize Mr. Mott ' s many
contributions to the District and open space preservation.
R. Bishop stated that the Bay Area Ridge Trail Council was
working on a policy statement advocating multiple use of the
ridge trail and respecting the authority of other entities to
establish their own policies. He stated that the policy
advocates compliance with Americans with Disabilities Act
requirements .
Meeting 92-24 Page 5
H. Grench stated that the Budget Committee would meet September
29 at 4:00 P.M. and that the Legislative Committee would meet
October 21 at 3:00 P .M. at the District office.
C . Britton reported that D. Woods would represent the District
on the Santa Clara County Trails Advisory Committee. N. Hanko
volunteered to serve as an alternate District representative
and indicated that she would be willing to serve as Board
appointee to the advisory committee if invited. C. Britton
stated that Los Gatos Redevelopment Agency was denied its
request for a summary judgement against the District and that
the District would continue to pursue settlement negotiations.
He noted that Donna Gallagher, docent coordinator, had
resigned effective October 1 , and that the position would be
filled as soon as possible. He said that the position would be
filled on a full-time basis, pursuant to the reorganization
plan unless the Board disagreed. Support, but no disagreement,
was expressed by some Board members. He reported that Doug
Gaynor, Director of Parks and Recreation, Santa Clara County,
had resigned effective October 1 , and that Karen Foss, Director
of Public Services for Santa Clara County, would act as interim
director.
R. Anderson gave a report of the District ' s first Americans
with Disabilities Act workshop meeting. He stated that the
eight people present at the meeting identified issues of
concern, a steering committee was formed, and that a follow up
meeting was scheduled for September 30. In addition, R.
Anderson reported that staff had proposed a CalTrans mitigation
project to restore the St,. Joseph ' s Hill Open Space Preserve
oak woodland. He stated that the funding proposed by CalTrans
for the 20-acre mitigation project was $50 ,000 per acre.
A. Coleman reported that an old wine press at Picchetti Ranch
was burned and that the fire was probably started by a
cigarette. She also reported on solo bicycle accidents,
involving injuries, at Fremont Older, Russian Ridge, and Sierra
Azul Open Space Preserves . Additionally, she reported the
confiscation of marijuana plants by a regional narcotics
enforcement team on Sierra Azul Open Space Preserve.
R. Bishop requested that Wim de Wit report on senior ranger
Dennis Danielson ' s presentation at a meeting of the San Carlos
Sierra Club. Mr. de Wit reported on the presentation and added
that the Senate House Interior Appropriations Committee
designated $2. 5 million for acquisition of Baer Island wildlife
refuge property.
II
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Meeting 92-24 Page 6
J. Fiddes stated that, unless the Board felt differently,
Directors McKibbin, Crowder, and Babbitt would be compensated
for attendance at the El Corte de Madera neighborhood workshop
meeting as a committee meeting instead of a special meeting
because only three Board members attended. The Board did not
object to the compensation.
IX. REVISED CLAIMS
Motion: R. Bishop moved that the Board approve Revised Claims
92-16 . G. Babbitt seconded the motion.
Discussion: R. McKibbin and B. Crowder, stated that
they opposed payment of claim number 3134 in the
amount of $10,000 to Leptien-Cronin-Cooper, Inc. H.
Grench stated that the total expenses reported by
Leptien-Cronin-Cooper, Inc. were $18 , 000 but that the
contract limited payment to $10, 000. The motion
passed 7 to 0 .
X. CLOSED SESSION
C. Britton announced that negotiations to be discussed were
Santa Clara County assessor ' s parcel numbers 558-01-023 and
562-03-001 , owner General Convention of New Jerusalem,
negotiated with Edwin Capon; Santa Clara County assessor ' s
parcel number 562-06-011 , owner Linda Johnson et al . ,
negotiated with Gary Beck, Santa Clara County assessor' s parcel
number 558-34-005, owner Kathy Lyles, negotiated with Jim
Lyles; and San Mateo assessor' s parcel number 078-150-040,
owner Sal Pantano, negotiated with Sal Pantano. The Board
recessed to Closed Session on litigation, land acquisition, and
personnel matters at 9: 15 P.M.
Xi . ADJOURNMENT
The Board reconvened to adjourn the meeting at 11 : 30 P.M.
Deborah Morvay-Zucker
Secretary