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HomeMy Public PortalAbout19920923 - Minutes - Board of Directors (BOD) i 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 g q assessment districts , specifically for the purchase of urban open space . pI 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 ------- ——----- 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