HomeMy Public PortalAbout19941214 - Minutes - Board of Directors (BOD) Open Space
MIDPENINSULA REGIONAL OPEN SPACE p1�TRtCT
Meeting 94-32
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
December 14, 1994
MINUTES
I. ROLL CALL
President Ginny Babbitt called the Special Meeting to order at 6:34 P.M.
Members Present: Peter Siemens, Robert McKibbin, Teena Henshaw, Ginny Babbitt, Nonette
Hanko, Betsy Crowder, and Wim de Wit.
Personnel Present: Craig Britton, Malcolm Smith, Randy Anderson, Sue Schectman, and Mike
Williams.
U. CLOSED SESSION
At 6:35 P.M., G. Babbitt stated that the Board would be meeting in Closed Session for the
purpose of discussing agenda item numbers one and two.
The Board recessed to Closed Session at 6:36 P.M. The Board adjourned the Special Meeting at
7:25 P.M. and G.Babbitt called the Regular Meeting to order at 7:30 P.M. She announced that
the Board had been meeting in Closed Session and had taken no action. She stated that the
Special Meeting Closed Session would not be continued at the conclusion of the Regular Meeting.
Director Henshaw was not present after the Special Orders of the Day agenda item.
Additional Personnel Present: John Escobar, Mike Foster, Del Woods, Deirdre Dolan, Joan
Young, and Emma Johnson.
III. ORAL COMMUNICATIONS
H. Haeussler, 1094 Highland Circle, Los Altos, suggested that signs be posted where bicycles
are not allowed on trails with the amount of the fine posted. He said it may deter some bicyclists
from illegally using the trails.
He requested that agenda item number 11 be removed from the consent calendar since there
should be public discussion on the matter.
IV. SPECIAL ORDER OF THE DAY
1. Resolution Honoring and Commending R. McKibbin
President Ginny Babbitt read the resolution honoring Robert McKibbin for his many
contributions and achievements toward preserving open space.
330 Distel Circle * Los Altos, California 94022-1404 * Phone: 415-691-1200 * FAX: 415-691-0485 OD
Board of Directors:Pete Sierr Robert M(Kibbin,Teena Henshaw,Ginny Babbitt, Nonet' ` anko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
1
Meeting 94-32 Page 2
Motion: P. Siemens moved that the Board adopt Resolution 94-43, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Honoring and Commending R. McKibbin. B. Crowder seconded the motion.
The motion passed 7 to 0.
2. Introduction of Volunteer Patrol
Joan Young introduced the 28 volunteers who patrol District trails on foot, horseback, and
bicycle. She said there are 21 participants continuing in the program from last year and
thanked the group for their participation.
G. Babbitt stated the Board's appreciation and thanks to the volunteers for their dedication
and devotion.
T. Henshaw left the meeting at 7:50 P.M.
R. Anderson introduced Donna Wilkinson, the planning and acquisition secretary, to the Board.
C. Britton announced that, in the absence of the Board's secretary, Teena Henshaw, another
member should be appointed Secretary Pro-tern. R. McKibbin volunteered to serve as secretary
for the meeting.
i
C. Britton announced that the Board had received an additional written communication from Mike
Weston, 1323 Bess Court, San Jose, relating to agenda item number one.
V. ADOPTION OF AGENDA
Motion: B. Crowder moved that the agenda be adopted. P. Siemens seconded the motion.
The motion passed 6 to 0.
VI. ADOPTION OF CONSENT CALENDAR
W. de Wit requested that written communications be removed from the consent calendar; R.
McKibbin requested that agenda item number two be removed from the consent calendar; and G.
Babbitt said that agenda item number eleven would be removed at the request of H. Haeussler.
m v h h consent n Motion. B. Crowder o ed t at the Board adapt the co se t calendar including approving the
minutes of November 30, 1994 and revised claims 94-22. R. McKibbin seconded
the motion. The motion passed 6 to 0.
VII. WRITTEN COMMUNICATIONS
W. de Wit noted the reference by Jim Price regarding disenfranchising young people by making
preserves off limits except to hikers. W. de Wit said children d4 have the opportunity to use
open space. P. Siemens suggested a paragraph be added to the response to Mr. Price noting the
large number of District's volunteers and docents who help create and enhance the experience to
many people.
Motion: P. Siemens moved that the Board approve the response to Jim Price with the
amendments to be approved by President G. Babbitt. N. Hanko seconded the motion.
The motion passed 6 to 0.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
201 San Antonio Circle,Suite C-135 P"—mtain View,California 94040 • Phor" 1415)9-1" '500 • FAX:(415)949-5679
General Manager:Herbert Grench Boa 'irector ine Duffy,Robert McKibbin,Teena Henshaw,Gi bitt,N anko,Betsy Crowder,Richard Bishop
Meeting 94-32 Page 3
VIIL BOARD BUSINESS
A. Approval of Radar Use as an Ongoing Program to Enforce the Trail Use Sneed Limit on
District Lands (Report R-94-124J
J. Escobar reported that Area Superintendent D. Sanguinetti prepared the radar program
report and A. Coleman prepared the Ranger bicycle patrol report and that they would
present the results of the two trial programs.
D. Sanguinetti reported that the 9-month trial radar program has raised public awareness of
speed limits imposed by the District. He said the majority of cyclists are adhering to the
speed limit and that, overall, the program has been well received and supported by the
public. He said that if the District continues to use radar to enforce the trail use speed
limit, a number of benefits are likely, including continuing education and safety awareness.
J. Escobar noted that since the District implemented its trial program, Santa Clara and San
Mateo County Parks have adopted or proposed trail use speed limits and that Marin Water
District and East Bay Regional Parks already have trail speed limits and are using radar to
enforce them.
Steve Washwell, a trail patrol volunteer, said the statistics, including the increase in
injuries, should be considered along with number of staff hours. He said he was generally
in favor of the program. John Claudy, another trail patrol volunteer, noted that the bicycle
injury increase from 44 to 46 per year is not a significant difference and that use of radar
could hardly be responsible for the increase, that other factors including increased usage
could be a factor. Other members of the audience said that radar is not needed and is
burdensome on preserve users and that the Board should consider whether 15 MPH is a
reasonable speed limit, that the District should concentrate on creating an awareness of
speed since bicylists slow down when they learn that radar is being used.
P. Siemens said the District's goal is to reduce trail conflicts, not to punish bicyclists. N.
Hanko said that she was originally against the radar program but with the results from
education and careful use of radar, she would support continuing the program.
Motion: N. Hanko moved that the Board approve the use of radar as an ongoing
program to enforce the trail use speed limit on District lands and that staff
report back to the Board in a year with the same data as provided in the
current report and that the Board invite comments at that time from volunteer
patrol and the public who use the trails to see how the program is working.
B. Crowder seconded the motion.
Discussion: J. Escobar asked if the report could be made on a calendar year
basis and reported in January. N. Hanko said that would be acceptable. N.
Hanko said she also would like to see notices regarding the meeting posted on
District preserves.
The motion passed 6 to 0.
B. Evaluation Report on Ranger Bicycle Patrol Program (R-94-125)
J. Escobar reported that the program has been successful. A. Coleman said that staff
maintained a high level of motivation and that the program created more opportunities for
visitor contacts and positive public response. R. Anderson said that much more area was
I
Meeting 94-32 Page 4
covered and bicyclists gave more respect to rangers on bikes. C. Britton said that both
programs showed how the District can stretch its resources and expand programs in visitor
contacts and that he wanted to recognize and thank the field staff for making the programs
successful.
Motion: R. McKibbin moved that the Board accept the report on the ranger bicycle
patrol pilot program and direct staff to include the start-up costs for an
ongoing program in the 1995-1996 budget proposals. P. Siemens seconded the
motion. The motion passed 6 to 0.
C. Britton noted that staff will give an informational report to the Board on the bicycle
patrol program at the same time each year that a report is given on the radar program.
C. Authorization to Complete the Issuance and Sale of$15 Million of 1995 Promissory Notes
for Refinancing Previous Notes and Acquiring New Land (Report R-94-137)
M. Foster introduced Tom Lockhart of Stone & Youngberg, the underwriters of the 1995
note issue and Carlo Fowler of Orrick, Herrington and Sutcliffe, the Bond Counsel for the
note issue. He said that, based on refinancing just one previous note issue instead of two,
he is proposing the issuance and sale of $11.5 million, rather than $15 million of 1995
Notes. He said the purposes of the issue is to refinance the 1987 Notes in order to achieve
a debt service savings of approximately $5 million over the next three years and to borrow
$5.5 to $6 million to purchase land which will ultimately increase the amount available for
land and recreational development over the next three years to $11 million, with a decrease
in debt service. He said the District received the highest rating for a special purpose
District from Standard & Poors (A+).
Tom Lockhart said that, depending on market conditions, the closing could be held around
the middle of January. Carlo Fowler said the $11.5 million figure is based on refinancing
only the 1987 note issue.
Motion: R. McKibbin moved that the Board adopt Resolution 94-44, a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing the Execution of an Indenture of Trust for the Midpeninsula
Regional Open Space District 1995 Promissory Notes and a Contract of
Purchase for Said Notes, Approving a Preliminary Official Statement and
Providing for the Approval of a Final Official Statement for Said Notes and
Authorizing the Execution and Delivery of Escrow Agreement and Other
Documents Related Thereto. P. Siemens seconded the motion. The motion
passed 6 to 0.
G. Babbitt declared a recess at 8:55 P.M. and reconvened the meeting at 9:00 P.M.
D. Proposed Addition of Acronico Property to Long Ridge Oven Space Preserve (Report R-94-
11
C. Britton reported that the District had an option to acquire the 179-acre property in July
1993 and a matching grant to acquire the property was awarded in July 1994 from the
Habitat Conservation Fund Program in the amount of$325,000. He said the total purchase
price would be $710,000 including option payments and settlement costs. He said the
property is adjacent to Long Ridge Open Space Preserve and that it does not front on
i
Meeting 94-32 Page 5
Portola Park Heights Road, but that a portion of the Portola Heights complex of roads
passes through the southern portion of the property. He said the District would work with
the residents of Portola Park Heights to perfect the road easements.
D. Woods said there will be complex trail issues associated with this acquisition. He said
the property can be accessed from an unimproved driveway connecting Portola Park
Heights Road and an adjacent public bypass trail, adding that the road that extends west
through the southern portion of the property connects Portola Park Heights Road to private
properties and District lands and is currently used by residents and District staff.
D. Woods noted that the many footpaths currently in use do not meet District standards and
may be inappropriate for specific trail uses, but that Preliminary Use and Management Plan
would permit trail access and rock climbing at this time with a signing program specific to
the area. He said staff will investigate what other agencies have done with similar features
and create guidelines addressing the safety concerns and return to the Board with
recommendations. He continued that staff will evaluate the trails in conjunction with the
review process for the rest of the trails on the preserve in 1995. He said staff will work
with Portola Park Heights residents to clarify access rights.
Several residents of Portola Park Heights asked about notification on resolving the Sorich
Road issue. C. Britton said that staff will contact the residents who request to be notified.
Motion: R. McKibbin moved that the Board adopt Resolution 94-45, a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District and
Authorizing General Manager to Execute Any and All Other Documents
Necessaryor Appropriate to Closin of the Transaction n Ride n
g (Long g �
Space Preserve - Lands of Acronico). N. Hanko seconded the motion. The
motion passed 6 to 0.
Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations, including naming the property as an
addition to the Long Ridge Open Space Preserve, and indicate its intention to
dedicate the property as public open space. N. Hanko seconded the motion.
the motion passed 6 to 0.
E. Proposed Acquisition of an Additional Interest in the Big Dipper Ranch Property as an
Addition to Skyline Ridges QZn Space Preserve (Report R-94-130)
C. Britton said the District currently owns a 46.67% interest in the 767.9-acre property and
i is proposing to purchase an additional 7.55% for $188,800 (based on $3,250 per acre),
which would make the District a majority owner. He said the District should initiate
annexation procedures in order to cancel property taxes and assure ordinance enforcement.
D. Woods said an area along Alpine Road appears to be overgrazed, and C. Britton said
the District would take a more active role in management of the land.
N. Hanko asked that staff contact the nearby property owners regarding the thistle problem
and resource
management problems.
g
Meeting 94-32 Page 6
Motion: R. McKibbin moved that the Board adopt Resolution 94-46, a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Documents Necessary
or Appropriate to Closing of the Transaction (Skyline Ridge Open Space
Preserve - Lands of Gerald C. Gray and Alice Coelho). B. Crowder seconded
the motion. The motion passed 6 to 0.
Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations, including naming the property as an
addition to Skyline Ridge Open Space Preserve and indicate its intention to
withhold the property from dedication as public open space at this time. P.
Siemens seconded the motion. The motion passed 6 to 0.
n F. A i i f Johnson Pr=rty to Mt munh m Area f Sierra Azul QWn Spac
-II Preserve (Report R-94 133)
Motion: R. McKibbin moved that the Board adopt Resolution 94-47, a Resolution of
f DiMidpeninsula, i the Board o rectors of the Regional n Space District
g � P
Authorizing Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Documents Necessary or
Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve -
Lands of Linda C. Johnson et al). P. Siemens seconded the motion. The
motion passed 6 to 0.
Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations, including naming the property as an
addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and
indicate its intention to withhold the property from dedication as public open
space at this time. P. Siemens seconded the motion. The motion passed 6 to
0.
G. P=osed Addition of DeAnza Property to the El Sereno Oxen Space Preserve (Report R-
94-138,)
Motion: R. McKibbin moved that the Board adopt Resolution 94-48, a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Accepting Gift of Real Property and Authorizing Execution of Certificate of
Acceptance With Respect Thereto (El Sereno Open Space Preserve - Lands of
DeAnza Investments). P. Siemens seconded the motion. The motion passed 6
to 0.
Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations, including naming the property as an
addition to the El Sereno Open Space Preserve, and indicate its intention to
withhold the property from dedication as public open space at this time. P.
Siemens seconded the motion. The motion passed 6 to 0.
Meeting 94-32 Page 7
H. Proposed Addition of Veal Propgrty to the Mt. Umunhum Area of Sierra Azul Oren Space
Preserve (LZ=rt R-94-IM
Motion: P. Siemens moved that the Board adopt Resolution 94-49, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Accepting Gift of Real Property and Authorizing Execution of Certificate of
Acceptance With Respect Thereto (Sierra Azul Open Space Preserve - Lands
of Veal). R. McKibbin seconded the motion. The motion passed 6 to 0.
Motion: P. Siemens moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations, including naming the property as an
addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and
indicate its intention to withhold the property from dedication as public open
space at this time. R. McKibbin seconded the motion. The motion passed 6
to 0.
I. Dedication Status of District Lands (Report R-94-136
C. Britton said that at the time of acquisition and as a part of the use and management
planning decisions, the Board makes specific findings as to whether to indicate an intention
to dedicate certain interests in land. He said that Board policy directs that it is usually
prudent to wait until the Comprehensive or Interim Use and Management Plan for the
preserve is adopted or reviewed to formally dedicate property. He said staff is
recommending dedication of interests in land in the Rancho San Antonio, St. Joseph's Hill,
Coal Creek, Skyline Ridge, Sierra Azul and Russian Ridge Open Space Preserves -- a total
of 291.32 acres.
Motion: R. McKibbin moved that the Board adopt Resolution 94-50 dedicating interests
in Certain District Lands for Public Open Space Purposes. P. Siemens
seconded the motion. The motion passed 6 to 0.
J. Certification of Election Results For Wards 1. 2. and 6 and Administration of Oath o
Office (Report R-94-132,)
Motion: N. Hanko moved that the Board accept the certified election results from the
Registrars of Voters for Santa Clara and San Mateo Counties to be the final
results of the election and declare Peter Siemens, Mary Davey, and Betsy
Crowder elected to the office of Director, Board of Directors, Midpeninsula
Regional Open Space District. R. McKibbin seconded the motion. The
motion passed 6 to 0.
D. Dolan, Acting District Clerk, administered the oath of office to Peter Siemens, Betsy
Crowder, and Mary Davey.
K. Reclassification of Research Attorney Position (Report R-94-126)
S. Schectman explained that the position is being reclassified to expand it to a more general
purpose position, enabling the research attorney to provide services for all District
programs. She said there is a ten-point step increase in salary.
Meeting 94-32 Page 8
Motion: R. McKibbin moved that the Board approve the revised job specification for
research attorney classification and reclassify the position to a salary range of
Step Number 257 to 282 in the District's position classification plan. N.
Hanko seconded the motion. The motion passed 6 to 0.
L. Authorization to Purchase Restrooms for Purisima Creek Redwoods and Windy Hill QXn
Space Preserve (Report R-94-127)
C. Britton noted that, since there is only one vendor that meets the District's specifications,
at least 5 members of the Board need to approve the purchase.
Motion: B. Crowder moved that the Board authorize the purchase of two restrooms
from Restroom Facilities of Reno, Nevada, for Purisima Creek Redwoods and
Windy Hill Open Space Preserves at a cost not to exceed $22,000. N. Hanko
seconded the motion. The motion passed 6 to 0.
M. ,RNuest for Policy Direction Concerning Board Committees; Service by Board President on
Board Committee and Compensation for Service on Ad Hoc Committees: Adoption of Ad
Hoc Committee Formation and Membership Roster (Report R-94-134)
S. Schectman said staff needs clarification from the Board on two issues regarding Board
committees: 1) participation by the President on ad hoc committees and 2) compensation for
attendance at ad hoc committee meetings.
N. Hanko said it would be advantageous to permit the Board president to serve on ad hoc
committees. R. McKibbin said he favors language stating that generally the president does
not serve on any committees, but could have exceptions. P. Siemens stated that his
proposal last year was not to exclude the president from serving on an ad hoc committee,
and that he would like to see wording that the president would not serve on any standing
committee.
G. Babbitt expressed the Board's decision to have S. Schectman return to the Board with
proposed changes to the Board policy stating the President may generally not serve on a
standing committee but may serve as an alternate.
S. Schectman asked that there be a more formal approach to establishing ad hoc committees
and that staff would like direction from the Board on compensation for members of ad hoc
committees and clarification of which ad hoc committees exist.
G. Babbitt recommended that when ad hoc committees are established, it is not
automatically assumed that they are compensable.
S. Schectman stated that staff would like to clarify the committee roster with verification
from Board he h t that the
o ad hoc committees were established
and whether they are
compensable.
P. Siemens noted that the establishment of the two ad hoc committees were not formally
announced and that the Board should now ratify that the committees were established and
the dates on which the action was taken. G. Babbitt stated the Board's concurrence that the
Board wished to ratify the establishment of the General Manager Evaluation Committee, the
i
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
201 San Antonio Circle,Suite C-135 `fountain View,California 94040 • Phone:(41 19-5500 • FAX:(415)949-5679
General Manager:Herbert Grench Board o(Dirc atherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babb me Hanko,Betsy Crowder,Richard Bishop
Meeting 94-32 Page 9
i
Picchetti Lease Committee, and the dates that they were established and the Dog Committee
and that they are compensable.
S. Schectman asked if the Board wished to retroactively compensate members who have
served on the informal committees. R. McKibbin stated it was his understanding that it
was the intention of the Board that these ad hoc committees were compensable. B.
Crowder stated her wish to discuss the $500 total maximum compensation for Board
members because she believes it is excessive. i
Motion: R. McKibbin moved that the members of the General Manager Evaluation
Committee and the Picchetti Lease Committee be compensated retroactively
for attendance at the committee meetings. P. Siemens seconded the motion.
G. Babbitt restated the motion: That the Board clarify, in conjunction with the
other actions that the Board is considering, and confirm committee
establishment, that both standing and ad hoc committees be retroactively
compensated for any committee that has been overlooked.
S. Schectman said there is no conflict of interest if members of the committees
vote for compensation for the committees and that the Board has the authority
Y
to award retroactive compensation for attendance.
N. Hanko said she would change her vote to yes based on those statements.
W. de Wit said he would vote for the motion since it is a bookkeeping
oversight. He added that he would be willing to serve on any ad hoc
committee without compensation.
The motion passed 5 to 1, with Betsy Crowder voting no.
C. Britton asked if the Board wanted to formalize the Environmental Education
committee as an ad hoc committee and whether there should be compensation
for attendance. He said it could be formalized at the Board's next meeting.
He responded to B. Crowder's comments regarding total compensation for
meeting attendance, noting that consideration could be included in the report
so the Board can discuss it at its next meeting.
IX. INFORMATIONAL REPORTS
N. Hanko said changing the Rules of Procedure relating to meeting start times should be on an
agenda in January.
C. Britton reported that: 1) Palo Alto had sent an invitation to attend the City Council
reorganization meeting on January 9 at 7 P.M. and asked if anyone wished to attend; 2) he would
volunteer to attend a dinner honoring John de Wit and that he would personally pay a portion of
the cost. The Board agreed that the District would pay two-thirds of the cost of the dinner. He
further noted that 3) POST has agreed to exercise the District's option to purchase the 100 acre
North property and will hold it until the District can acquire it and that the District will manage
the property in the meantime; and 4) he and M. Smith met with Ralph Heim in Sacramento to
discuss the District's legislative program and that it would be productive for two members of the
Board to meet with the Legislative delegation or its staff members.
Meeting 94-32 Page 10
B. Crowder reported that she and M. Gundert met with members of the Portola Valley Planning
Commission and Council and Mr. Slobe to get his input on his access road.
W. de Wit reported on the San Mateo County Alternative Funding Commission and that a Ballot
Measure Committee has been formed. He stated he would volunteer to serve with no
compensation on the committee as the District's representative. G. Babbitt said the Board will
consider his representation on the committee when establishing District committee memberships.
P. Siemens reported that he and C. Britton attended the meeting at which the Santa Clara County
Board of Supervisors approved Jacque Ridge acquisition. He added that Santa Clara County
Board of Supervisors has directed that the Ridge Trail maps and County trails be site specific.
J. Escobar reported that the District's new ranger, Linda Hyman, started on December 9. He
reported on accidents on District preserves.
M. Smith reported that a new Kids Art of Open Space contest has been established in conjunction
with the Community School of Music and Arts of Mountain View and that a reception will be
held on March 1 at 6:30 P.M. at the Community School. He said last year's Kids Art of Open
Space poster design won first place in the National Association of Government Communicators
International Blue Pencil Awards Contest.
R. Anderson confirmed that B. Crowder and P. Siemens will be attending the tour of Mt.
Umunhum on December 15.
X. ADJOURNMENT
The Regular Meeting was adjourned at 11:23 P.M.
Emma Johnson
Recording Secretary
I