HomeMy Public PortalAbout19960508 - Minutes - Board of Directors (BOD) J"t7Y .......Regional Open Sp,e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT -
Meeting 96-11
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
May 8, 1996
I. ROLL CALL
President Nonette Hanko called the meeting to order at 7:10 p.m.
Members Present: Peter Siemens, David Smernoff, Mary Davey, Betsy Crowder, Nonette
Hanko, Teena Henshaw, and Wim de Wit
Members Absent: None
Personnel Present: Craig Britton, Jean Fiddes, and Sue Schectman
11. CLOSED SESSION
N. Hanko stated that the Board would adjourn to the Special Meeting Closed Session for the
purpose of discussing Closed Session agenda item 1.
The Board recessed to Closed Session at 7:11 p.m. and the Closed Session commenced at
7:11 p.m. The Board adjourned the Special Meeting at 7:30 p.m. and N. Hanko called the
Regular Meeting to order at 7:32 p.m. and turned the chairing of the meeting over to Vice
President Mary Davey.
Additional Personnel Present: Malcolm Smith, Mike Williams, Carleen Bruins, and Cheryl
Solomon
III. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, expressed approval and appreciation to
staff for making a new trail from the Alpine Road entrance to Windy Hill Open Space
Preserve.
IV. SPECIAL ORDER OF THE DAY
Introduction of the 1996 Spring Docent Training Class (R--96-52)
C. Bruins presented an update on the docent program. She said it grows each year and there
are 85 active docents who led 264 hikes last year with an estimated 4,000 visitors. She said
this new group is almost finished with their training and will be graduating on June I at the
Cheers for Volunteers recognition event.
C. Solomon expressed pleasure at working with the volunteers and introduced those present:
Bill Crawley, Santa Clara; Elaine Curtis, Los Altos; Ingrid Graeve, Los Altos; Paul
Ingraham, Menlo Park; Joyce Neubert, San Jose; Gwen Rosser, Los Altos; Nancy Stilger,
San Jose. Those not present were: Ludwik Bednarz, Los Gatos; Karl Giovacchini, Redwood
City; Rich Good, Palo Alto Toni Gooch, Palo Alto; Donna Lee Hopley, Sunnyvale; Mark
Reedy, Palo Alto; Gem Tiernan, Sunnyvale; and Baohsun Yang, San Jose.
330 Distel Circle - Los Altos, CA 94022-1404 0 Phone:415-691-1200 e FAX:415-691-0485 * E-mail:mrosd@netcom.com 0
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
GPner,4MAna.qPr-1 CraioRritton
Meeting 96-11 Page 2
B. Crowder thanked the volunteers and said they did a good job of representing the District
on the trails and telling people about the District.
V. ADOPTION OF AGENDA
Motion: T. Henshaw moved that the Board adopt the agenda. D. Smernoff seconded
the motion. The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Referring to agenda item 3 concerning the Schilling Lake spillway project, Harry Haeussler
expressed concern regarding the late start of the project. C. Britton informed him that staff
does not yet have plans and specifications for the project; Board approval was requested
because the consulting services were over $10,000.
N. Hanko and B. Crowder requested removal of the April 24 minutes, and B. Crowder
requested removal of agenda item 4, Authorization to Convert Resource Planner Position to
Resource Management Specialist Position, Increase the Half-Time Volunteer Coordinator
Position to Full-Time Position. Augment 1996-1997 Operations Program Budget by $23,500.
and Fill Both Positions.
Motion: P. Siemens moved that the Board adopt the Consent Calendar including
responses to written communications from Cornelius F. Kelly, Box 633,
Pinedale, WY; Mr. Scott Luan, Stanford University, Stanford, CA 94305;
agenda item 3, Authorization to Retain Zumwalt Engineering Group of San
Ramon for $12.000 for Civil Engineering Consulting Services on Thornewood
QWn Space Preserve's Schilling Lake Spillway Reconstruction Project Based
on Determination that the Project is Categorically Exempt Under CEOA; and
revised claims 96-09. B. Crowder seconded the motion. The motion passed 7
to 0.
VH. APPROVAL OF MINUTES
April 24. 1996
N. Hanko and B. Crowder referred to page 7, third paragraph, and said the time for the
Wallace Stegner event should be 10:00 a.m. rather than 11:30 a.m.
Motion: N. Hanko moved that the Board approve minutes of the April 24, 1996
Regular and Special Meeting as corrected. D. Smernoff seconded the motion.
The motion passed 7 to 0.
VHL BOARD BUSINESS
A. Agenda Item No. 1. - Proposed Acceptance of$600.000 Offer to Purchase Real
PropcM from John C. and Susan Dean for the Sale of Surplus Parcel at Thornewood
QWn Space Preserve Based on Determination that the Recommended Actions are
Categorically Exempt Under CEQA ( Rgport R-96-54)
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Meeting 96-11 Page 3
M. Williams presented the staff report and showed the location of the property on a
map.
P. Siemens asked if the 180 day period until close of escrow was excessive. C.
Britton said they could close escrow before the end of the 180 day period and it
would not cause the District any problems.
Dr. John Partner, 773 Frenchman§ Road, Stanford, referred to his letter contained in
the Board§ packet. He said they were told that no one else would be able to buy
this property privately and that is why they went through the process of surveying the
easement. He said he was asked to pay out several thousand dollars on this easement.
He said they would not have paid this money, and there was no reason for them to
pay it, if anyone was able to come in and make a higher offer. Dr. Partner said he
objected to some statements contained in the General Manager§ report noting the
report talked about the modest value of the easement. He said it has substantial value
and asked why he and his wife were not simply given the option to buy the land
outright if it was a modest easement that was not worth any money. Dr. Parmer
stated that he did not necessarily think the Deans' offer is a better one than theirs,
adding that perhaps prior to selling the property to the Deans, the District should have
the easement appraised.
C. Britton said he understood that Mr. Parmer had spent some money and staff was
willing to talk to him about the possibility of reimbursement. Regarding the modest
value of the easement, he said it is modest in relationship to the difference between
$350,000 and $600,000 selling price, especially at a time when the District is in need
of acquisition money. He said when staff brought the proposal to the Board, it was
with the understanding that the District got the easement as consideration for the
option itself. He said the Board makes the decision on any sale or acquisition of
property; staff§ job is to work with people to get an agreement and then make a
recommendation to the Board. He said staff has have heard from neighboring
property owners and feel that not only is the District getting more money from the
sale to the Deans, but this transaction may also come closer to meeting the needs of
the neighbors.
S. Schectman said the Board continued this item from a previous meeting with the
understanding that anyone could have submitted a competing offer for the property.
Motion: W. de Wit moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act as set out in the staff report. P. Siemens seconded the
motion. The motion passed 7 to 0.
Motion: W. de Wit moved that the Board adopt Resolution No. 96-17, a
Resolution of the Board of Directors of the Midpeninsula Regional
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Meeting 96-11 Page 4
Open Space District Declaring Property Surplus to the District's Needs,
Approving and Authorizing Entering Into an Offer to Purchase Real
Property and Purchase and Sale Agreement for the Sale of the Surplus
Property, and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to the Transaction
(Thornewood Open Space Preserve - Former Lands of Zand). P.
Siemens seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2 - Authorization for Submittal of Amicus Brief in Support of the
Santa Clara Open Space Authority in the Matter of Coleman v Santa Clara Qpgn
Space Authority M=grt R-96-53)
S. Schectman reviewed the staff report and answered questions. In regard to cost,
she stated it would only be for her time and it would not be a great expenditure as she
would keep the brief focused.
Motion: P. Siemens moved that the Board authorize District Legal Counsel to
file an amicus brief in support of the position of the Santa Clara Open
Space Authority in the matter of Coleman v. Santa Clara Open Space
Authority, CV743113. T. Henshaw seconded the motion. The motion
passed 7 to 0.
C. Agenda Item No. 4 - .Authorization to Convert Resource Planner Position to
Resource Management Specialist Position, Increase the Half-Time Volunteer
Coordinator Position to Full-Time Position, Augment 1996-1997 Operations Program
Budget by $23 500. and Fill Both Positions (Report R-96-55)
B. Crowder referred to page 1 of the staff report, and said she wanted to make sure
that the closer working relationship between the staff person and field staff mentioned
in the staff report was included in the job specification. She requested an addition to
description under "Ability to:" to emphasize that very close contact with field staff
should take place and that field staff should be encouraged to work with this person.
J. Fiddes said the phrase, "works closely with field staff members on various
projects" or similar wording could be added to Examples of Important
Responsibilities and Duties.
Motion: B. Crowder moved that the Board approve the job specification for the
Resource Management Specialist position; direct staff to amend the
1996-1997 Salary Pay Plan to eliminate the Resource Planner position
and substitute the Resource Management Specialist position at the same
salary level; authorize staff to fill the Resource Management Specialist
position; approve the conversion of the half-time Volunteer Coordinator
position to a full-time position and authorize the fillip of the position;
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and amend the Operations Program§ fiscal year 1996-1997 budget to
include an additional $23,500 in salaries and benefits to fund the
Meeting 96-11 Page 5
increase in the Volunteer Coordinator position from part-time to full-
time. P. Siemens seconded the motion.
Discussion: C. Britton stated for the record that a team composed of both field and
office staff worked on this proposal; they recognized the need for this
position to divide their time equally between the field and the office.
In addition, he said it is critical to expand the District§ volunteer corps
and increasing the Volunteer Coordinator to a fun-time position will
help accomplish that.
P. Siemens expressed enthusiasm for making the Volunteer Coordinator a full-time
position. The motion passed 7 to 0.
IX. INFORMATIONAL REPORTS
B. Crowder mentioned the KingA Mountain Association announcement of their annual dinner
on May 11. She said she had been working with lean Rusmore on the revision of her
Peninsula Trails since July and it has been sent to the publisher. She thanked District
personnel for help in explaining District preserves for the book.
W. de Wit stated he had received the report prepared by M. Smith regarding the Santa
Mateo County Funding Measure Committee meeting held on Monday.
D. Smernoff said he had visited Fremont Older Open Space Preserve for the first time noting
the work that has been done this spring on Seven Springs and Toyon Trails looks good. He
had attended the opening of new section of a trail connecting the Stevens Creek Trail with
the Stevens Creek Nature Study Area. He said he and D. Woods had worked on having the
bridge modified so it meets OSHA safety standards. In addition, he has been in contact with
NASA to try to get progress on the trail to the observation platform.
M. Davey said she will be attending the Ridge Trail meeting on May 30 that will be
preceded by an orientation session.
C. Britton passed around the invitation from the Bay Area Ridge Trail Council to hike the
San Francisco watershed on May 19.
C. Britton announced that Open Space Technician Ralph Molica is giving a "how tos" of
visual presentations at 8:30 a.m. on Friday, May 17.
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C. Britton referred to an excerpt from the League of California Cities Legislative Bulletin
which talked about the Jarvis measure. N. Hanko said she had received information from
the Trust for Public Land which she was forwarding to S. Schectman.
M County Alternative Funding
C. Britton said he had asked M. Smith to put the San Mateo Co ty tie g
Committee report in memo form. .He reported that AB 3239 to add parks and libraries to
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existing legislation for a sales tax in San Mateo County had failed in the Revenue and
Taxation Committee but he had heard that Senator Sher has attached a rider to SB 1838
which will try to accomplish the same thing.
C. Britton distributed wildflower seed packets that will be given out at the June 9 event.
C. Britton showed the Board a weasel that had been preserved as part of the District§ Skins
for Tins program.
M. Smith updated Board members on the June 9 event and distributed copies of the latest
press release and the advertisement that will be running in the San Jose Mercury News. He
said planning is going very well and highlighted some of the programs and presentations that
will take place that day. He also described the arrangements that have been made for
parking and a shuttle. Volunteers are being sought for various activities at the event. He
said since this is a new event, it will be evaluated. Several Board members volunteered to
work at the event.
T
S. Schectman referred to an article about the Bicycle rails Council case out of the Ninth
Circuit Court. She will give a copy of the text to Board members when she receives it. She
said it is very fact specific and shows that judges and courts tend to defer to boards as policy
makers. She thanked Board members for the opportunity to attend the League of California
Cities City Attorney conference.
X. ADJOURNMENT
M. Davey adjourned the meeting at 8:15 p.m.
Roberta Wolfe
Recording Secretary