HomeMy Public PortalAbout19931117 - Minutes - Board of Directors (BOD) Open Space
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_.. ..W ._� .-. . _.. Meeting 93-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR MEETING
BOARD OF DIRECTORS
November 17, 1993
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 7:35 P.M.
Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nonette Hanko, Teena
Henshaw, Robert McKibbin, and Pete Siemens.
Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith,
Del Woods, Stanley Norton and Deborah Zucker.
II. ORAL COMMUNICATIONS
There were no oral communications
III. SPECIAL ORDER OF THE DAY
Resolution Supporting the Friends of the Stevens Creek Trail
Motion: G. Babbitt moved that the Board adopt Resolution 93-36, a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Supporting the Friends of
the Stevens Creek Trail. N. Hanko seconded the motion. The motion passed 7 to 0.
IV. ADOPTION OF AGENDA
B. Crowder stated that the agenda was adopted by Board consensus.
V. ADOPTION OF CONSENT CALENDAR
P. Siemens requested removal of the Land and Water Conservation Fund Reapplication for the
Windy Hill Access Project agenda item from the consent calendar.
Motion: P. Siemens moved that the Board adopt the consent calendar, including approval of
minutes of October 27, 1993 Regular Meeting; the response to the written
communication dated October 20, 1993 from Steve Okonek, 2021 Touraine Lane,
Half Moon Bay; authorization for the acting general manager to execute the Permit
to Enter Thornewood property for CalTrans to make emergency repairs to State Route
84; authorization to solicit bids for a transport trailer; adoption of Resolution 93-37, a
Resolution of the Board of Directors of the Midpeninsula Regional Open Space
330 Distel Circle - Los Altos, Californid 94022-1404 * Phone: 415-691-1200 e FAX: 415-091-0485
Rom(I of Directors-Pole Siemens,Robert McKibbin,Leona Hensh,w,',Ginns Babbitt,Nonette Hanko, Betsti Crowder,Wim dc,Wit
Meeting 93-22 Page 2
District Urging the San Francisco Water Department to Allow More Direct
Community Involvement in Preparation of Watershed Management Plans; adoption of
Resolution 93-38, a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Application for Environmental
Enhancement and Mitigation Program Funds Under Section 164.56 of the Streets and
Highways Code for the Sierra Azul Open Space Preserve Trailhead Acquisition
Project; and revised claims 93-19. G. Babbitt seconded the motion. The motion
passed 7 to 0.
VI. PUBLIC HEARING
Proposed Annexation to the District of Lands Adjacent to Russian Ridge Open Space Preserve
(Report R-93-119)
B. Crowder declared the Public Hearing open at 7:38 P.M.
D. Woods showed the location of the property to be annexed on a wall map. C. Britton stated
that the purchase agreement approved by the Board on September 22, 1993 for the acquisition of
the Norton property as an addition to Russian Ridge Open Space Preserve provided for
commencement of annexation procedures for the portions of the Norton property lying outside the
District's formal boundaries. He said that adjoining property owners, Donald and Elizabeth
Aitken, had agreed to join in the annexation request. He asked that the Board adopt the
resolution requesting initiation of annexation by the Santa Clara County Local Agency Formation
Commission. He requested that the Board state by motion that the District would not request a
portion of the property tax revenue from the area to be annexed.
There was no public comment on the proposed annexation.
Motion: N. Hanko moved that the Board close the Public Hearing. R. McKibbin seconded the
motion. The motion passed 7 to 0.
B. Crowder declared the public hearing closed at 7:45 P.M.
Motion: P. Siemens moved that the Board adopt Resolution 93-39, a Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District Requesting Initiation
of Annexation Procedures by the Santa Clara County Local Agency Formation
Commission (Midpeninsula Preserves 1993 - Russian Ridge and state that the District
would not request a portion of the property tax revenue from the area to be annexed.
N. Hanko seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Proposed Addition of Moeller Property and Evatt Property to the Kennedy Limekiln Area
of Sierra Azul Open Space Preserve (Report R-93-120)
C. Britton stated that the terms of the standard purchase agreements were a purchase price
of $65,000 for the 36-acre Evatt property, and $157,000 for the 98.34-acre Moeller
property. D. Woods located the properties on a wall map and showed slides of the
property that featured the importance of the properties providing a Ridge Trail connection
from Lexington Reservoir Recreation Area to Almaden Quicksilver County Park.
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Meeting 93-22 Page 3
Benjamin Levy, 175 Calvert Drive, Cupertino, asked why the District intended to withhold
the property from dedication. C. Britton explained that, because of the patchwork of
rivtl p a e y-owned and publicly-owned parcels in the area, the District withheld properties
from dedication at the time of acquisition and that the properties would be reviewed for
potential dedication at the time use and management plans are completed. He stated that
the existing Priest Rock Trail was open to the public.
Motion: G. Babbitt moved that the Board adopt Resolution 93-40, 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 Acting
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve -
Lands of Moeller). P. Siemens seconded the motion. The motion passed 7 to
0.
Motion: G. Babbitt moved that the Board adopt Resolution 93-41, 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 Acting
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve -
Lands of Evatt). P. Siemens seconded the motion. The motion passed 7 to 0.
Motion: G. Babbitt moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations contained in the report, including naming
the properties as additions to the Kennedy Limekiln Area of Sierra Azul Open
Space Preserve, and indicate its intention to withhold the properties from
dedication as public open space at this time. P. Siemens seconded the motion.
The motion passed 7 to 0.
B. District Contribution to Peninsula Open Space Trust Toward Acquisition of the Former
Phleger Property (Report R-93-126)
C. Britton stated that Peninsula Open Space Trust (POST), with the participation of the
District and Save-the-Redwoods League, championed the effort which resulted in an
agreement to purchase the 1,200-acre property from the Herman Phleger family at a
bargain price of $25 million. He said that POST also succeeded in obtaining a $5.25
million federal appropriation as the first half of the remaining purchase price. He noted
that POST plans to sell the property to the federal government as an addition to the Golden
Gate National Recreation Area (GGNRA). He said POST had requested an advance of
$3,000,000 from the District's commitment of$6,000,000 toward the project because of
interest payments due the Phleger family beginning in December 1993, that the advance of
funds would be secured by a recorded Deed of Trust, and that the Deed of Trust would be
reconveyed at such time as the federal government acquires the land from POST. He
further explained the proposed transaction between POST and the federal government that
would involve payment of the balance of the District's commitment to the purchase. He
said that the District has indicated a willingness to consider managing the land for GGNRA.
R. McKibbin asked about the District's rights in the land upon its acquisition by the federal
government. C. Britton stated that the District would have no rights but would have
Meeting 93-22 Page 4
guarantees through the enabling legislation pertaining to the acquisition, that the property
would be a wilderness addition to the GGNRA.
Motion: N. Hanko moved that the Board adopt Resolution 93-42, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving a Secured Loan to Peninsula Open Space Trust to be Forgiven
Upon Sale of the Former Phleger Property by the Federal Government as an
Addition to the Golden Gate National Recreation Area and Commending
Peninsula Open Space Trust and Its Partners and Supporters for Their
Incredible Success. T. Henshaw seconded the motion. The motion passed 7
to 0.
C. Property Tax Allocation from Proposed East Palo Alto Gateway/101 Corridor
Redevelopment Project (Report R-93-127)
J. Fiddes said that the District participated in the fiscal review committee for the proposed
East Palo Alto Gateway/101 Corridor Redevelopment Project. She said that, if the
proposed project is approved, the fiscal agreement between the Redevelopment Agency of
the City of East Palo Alto and the District, would require that the Redevelopment Agency
pay the District as an affected taxing entity, according to a statutory schedule of mitigation
payments established by Assembly Bill 1290, which takes effect January 1, 1994. She said
that, over the 40 years of the project, the estimated payments would total $840,988.
Motion: R. McKibbin moved that the Board adopt Resolution 93-43, a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving Fiscal Agreement Between the Redevelopment Agency of the City
of Fast Palo Alto and the Midpeninsula Regional Open Space District. T.
Henshaw seconded the motion. The motion passed 7 to 0.
D. Exchange of Easements with Pacific Gas and Electric Company at Rancho San Antonio
Open Space Preserve (Report R-93-122,)
C. Britton stated that Pacific Gas and Electric Company (PG&E) would perform the
underground electrical service construction project required by the license agreement
between the District and Smart SMR, dated September 8, 1993, only with a formal
easement for maintenance from the District. He said that a unanimous vote of the Board
was required for the exchange of easement rights of the land dedicated as public open space
for PG&E's overhead easement.
Motion: P. Siemens moved that the Board adopt Resolution 93-44, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of the Quitclaim of Interests in Real Property,
Authorizing Officer to Execute Certificate of Acceptance of Grant to District,
Authorizing Officer to Execute Deed Releasing Easement Rights, and
Authorizing Acting General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the Transaction (Rancho
San Antonio Open Space Preserve - Exchange of Easements with Pacific Gas
and Electric Company). R. McKibbin seconded the motion. The motion
passed 7 to 0.
Meeting 93-22 Page 5
E. Land and Water Conservation Fund Reapplication for the Windy Hill Public Access Project
Report R-93-1181
P. Siemens asked for background on the undergrounding requirement by the Town of
Portola Valley for the Windy Hill Public Access Project. C. Britton stated that
underground utilities were required by the Town of Portola Valley as a condition for the
permit to build the parking area along with the wheelchair-accessible foot trail to Sausal
Pond and trail connections. He said that since undergrounding the utilities was not essential
for public access, it was not included in the grant application.
Motion: P. Siemens moved that the Board adopt Resolution 93-45, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving the Application for Land and Water Conservation Funds for the
Windy Hill Open space Preserve Public Access Project. R. McKibbin
seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
C. Britton said that he met with the District's lobbyist, Ralph Heim, and representatives of East
Bay Regional Park District, general manager Pat O'Brien and Bob Houston, on Monday,
November 15, concerning proposed legislation to create a government code section for multi-
county districts. Discussion followed on having Ralph Heim brief the Board on December 15
and on rescheduling December's meetings.
Motion: N. Hanko moved that the Board reschedule the regular meeting of December 22 to
December 15. T. Henshaw seconded the motion. The motion passed 7 to 0.
A legislative committee meeting was scheduled for December 15 at 5:30 P.M.
C. Britton said that he and M. Smith would attend a hearing in Sacramento on how agencies use
assessment districts. He said that he talked with Bill Clark, a member of the advisory council
and the residents council at the Sequoias, who invited District staff to make a presentation about
Windy Hill. C. Britton also presented a fact sheet on the proposed Ca1PAW '94 initiative.
B. Crowder reported on her attendance with R. Anderson at the San Francisco Watershed
meeting presentation.
P. Siemens asked about appropriate action concerning Santa Clara County's application for a
mitigation grant near Highway 17. C. Britton stated that he would follow up on it to determine if
support had already been made or if some action by the District would be appropriate at this
time.
P. Siemens said that he and staff members met with Los Gatos Weekly's local editor and poli
tical
editor. Additional) h re
ported e rted that he was appointed
ted to the
y, po ppo Los Gatos Trail Committee.
N. Hanko reported that a steering committee of the District's founders met with the Gifts Policy
Committee to discuss founders' recognition, including a potential trail dedication.
W. DeWit complimented staff on the Kids' Art of Open Space event sponsored by the Palo Alto
Medical Foundation. M. Smith reported that the event was successful po and
accomplished the goal
P
of increasing in c awareness f h
g
o the District.
i
Meeting 93-22 Page 6
J. Escobar reported on an attempted rape at St. Joseph's Hill Open Space Preserve.
C. Britton said that claims included legal fees for the Hosking agreement and that he intended to
have an agreement that would include payment of those fees by .Mr Hosking.
J. Fiddes presented the brochure announcing the general manager position. She announced that
Alexis Bryce, who had worked as the District's part-time receptionist for seven and a half years,
left the District to accept full-time position.
G. Babbitt said that the staff recognition dinner would be on December 2 at the Cupertino Senior
Center from 5:30 p.m. to 9:30 p.m.
S. Norton reported on a historical claim against the District and Carl Schoof and the current
subsequent cross-claim by Carl Schoof against the District. He asked the Board for a formal
denial of the claim.
Motion: R. McKibbin moved that the Board formally deny the cross-claim of Carl Schoof.
T. Henshaw seconded the motion. The motion passed 7 to 0.
IX. CLOSED SESSION
S. Norton announced that the litigation matter to be discussed in Closed Session, significant
exposure to litigation, fell under Government Code Section 54956.9 (b)(1). The Board recessed
to Closed Session on litigation matters at 8:55 P.M.
X. ADJOURNMENT
The meeting was adjourned at 10:00 P.M.
Deborah Zucker
Secretary