HomeMy Public PortalAbout19730425 - Minutes - Board of Directors (BOD) Meeting 73-9
MIDPENINSULA REGIONAL PARK DISTRICT
Board of Directors
April 25, 1973 Sunnyvale Community
Center
I. CALL TO ORDER AND ROLL CALL
President Wendin called the meeting to order at 7 :45 p.m.
Members present: Daniel Condron, Katherine Duffy, Nonette Hanko,
William Peters, Daniel Wendin.
Also attending: Herbert Grench, Stanley Norton, Don Weden (Santa
Clara County Planning Department) and audience of about 6 persons .
II. President Wendin introduced Herbert Grench the newly appointed
General Manager of the District. He stated that since Mr. L. Klein
had not yet arrived discussion of the contract would be delayed
until later in the agenda.
III. MINUTES OF MARCH 21
K. Duffy corrected page 5 , second paragraph from bottom, last
sentence; should read: "The maximum day-use would be 800 per-
sons. "
W. Peters made the following corrections:
Page 1, item I. , under Also attending, Arthur Ogilvie was atten-
ding as a private citizen, not as a representative from the
County Planning Department.
Page 2 , item d. , second sentence should read "Two a2praisals
are required when applying for State and Federal funds. ir
Page 2, item 7, first sentence should read "Wildlife Refuge
lines have not been firmly drawn but will include acquisi-
tion
Page 3, item B. , correct spelling is Kelley, not Kiely.
Page 3, item B. , first paragraph, should read "Joint State,
County and City costs will be
I.Page 3, item D. , strike "Sanborn Park and" , begin sentence
with "The San Jose . . .
Page 4, item F. , last two sentences struck, insert "The State
has condemnation rights for trail purposes which the County
does not. It is anticipated that the State will cooperate
by use of these rights with County funds scheduled for this
Skyline acquisition. "
Motion: D Wendin moved that the Minutes of March 21 be approved as
corrected. Second by W. Peters. Passed unanimously.
President Wendin requested the secretary to send the corrected
minutes to Mr. Robert Amyx with a note encourag q - any comment
he might have.
MINUTES OF APRIL 11
D. Wendin asked that Page 3, IV. NEW BUSINESS, paragraph 3 be
struck. While this announce was made the checks were not
issued at that time.
Motion: D. Wendin moved that the minutes of April 11 be approved
as corrected. Second by N. Hanko. Passed unanimously.
Meeting 9 . . . page 2
IV. SPECIAL ORDERS OF THE DAY
President Wendin introduced Art Ogilvie of the Santa Clara County
Planning Department.
Mr. Ogilvie introduced Mrs. Gordon Stewart, Chairman of the Citi-
zens Advisory Committee (Southern Section) , Skyline Scenic Recrea-
tion Route. Mr. Stewart thanked the Directors for the opportunity
to describe the work of her Committee. She reported that on April
24 the Santa Clara County Board of Supervisors had accepted the
concept of the Committee' s resolution recommending acquisition of
certain lands along Skyline Boulevard, Summit Road and Loma Prieta
Avenue for view sites, roadside rests, day-use areas and park
additions.
Mr. Ogilvie explained that the Joint Powers Agreement for develop-
ment of the Skyline Scenic Recreation Route was formed with four
counties (San Mateo, San Francisco, Santa Clara, and Santa Cruz)
and six cities. He introduced Mr. George Miller of the San Mateo
County Planning Department who is the staff representative to the
Citizens Advisory Committee (Northern Section) ; this area includes
the route from Golden Gate Bridge to the San Mateo-Santa Clara
County line.
Mr. Miller described the route with the use of a strip map showing
the proposal for the Northern Section. He pointed out that the
major characteristic of the Northern Section was urban, unlike the
character of the route in Santa Clara County and south.
The route alignment follows existing roadways from Golden Gate
to Skyline Junior College. At this point the route would pro-
ceed into the San Francisco Watershed lands past the Portola Dis-
covery Site (an historical site of about 17 acres) following a
trail based on a 1967 study. The route would again join Skyline
Boulevard at Highway 92. From this point to Santa Clara County
line Skyline Boulevard is a designated State Scenic Highway. Mr.
Miller explained that Proposition A of San Mateo County (Novem-
ber 1972) provided funds for acquisition, some of which is desig-
nated for lands bordering Skyline Boulevard.
N. Hanko asked how the San Mateo County Board of Supervisors have
agreed to use the Proposition A funds. Mr. Miller said that
there are about 17 sites planned for acquisition with coastal and
San Bruno Mountain areas given top priority.
Mr. Miller stated that the scenic corridor along Skyline Scenic
Recreation Route varies from 500 feet to 2000 feet with a 100-foot
setback and architectural and site review required.
D. Wendin asked what the time schedule is for the acquisition of
the ridge route. Mr. Miller stated that the financing of a project
of this magnitude would have to be federal, since neither the State
nor the County would have sufficient funds. He pointed out that
there is an alternate route alignment along Sawyer Camp Road; and
that there is some resistence in the County to the ridge route con-
cept. He explained that the ridge route roadway is presently en-
visioned as a low-use, low-speed route which will be winding and
twisting through the watershed , lands. N. Hanko asked how the
Meeting 9 . . . page 3
County could prohibit tie-ins with the ridge route road. Mr.
Miller said that this is a problem and that pressure has been
exerted by both Pacifica and Half Moon Bay for such tie-ins.
President Wendin thanked Mr. Miller.
Mr. Ogilvie gave a brief history of what lead to the Joint Powers
Agreement. In 1966 the Santa Clara County Planning Department
and interested citizens suggested the following alternatives for
a parkway plan:
1) West Coast National Parkway from Puget Sound to Tijuana.
2) Gold BeachIn Oregon to Carmel-Monterey in California
3) Sonoma County to the Pajaro River
4) the Four County Parkway
Out of alternative 4) came the Joint Powers Agreement of San Mateo,
San Francisco, Santa Clara and Santa Cruz Counties and the cities
of Daly City, Pacifica, San Bruno, Woodside, Portola Valley, and
Palo Alto. Actions taken by this Committee have been the adoption
of the route, designation of the road as County Scenic Route in
Santa Clara and Santa Cruz Acounties, and proposal of the resolu-
tion adopted, in principle, by the Santa Clara County Board of
Supervisors on April 24.
Mr. Ogilvie presented slides of the route from the San Mateo-
Santa Clara County line to Mt. Madonna County Park. Mr. Ogilvie
pointed out that a stretch of unpaved road (about 15 miles long)
along the route is officially only a fire route. However, the
owners have lost right to keep public off since they had not ex-
ercised that right over a long period of time.
Mr. Ogilvie then outlined the Southern Section of the route
on a strip map, pointing out lands along the route which are held
in public lands or are recommended by the Citizens Advisory Com-
mittee for acquisition. The County Parks and Recreation Depart-
ment is currently studying hiking and riding trails along the
route. The State Highways Department has stated that bike trails
would require an 8-foot setback from the roadway. This poses
problems when one considers the terrain of the area. An alterna-
tive which the State has proposed is a one-way 5-foot strip abut-
ting each side of the pavement. This would involve Santa Cruz
County lands and would require working out the agreement with
them.
Mr. Ogilvie expressed concern about the public rights over the
100-foot setback along the area of the fire road.
President Wendin thanked Mr. Ogilvie for his presentation.
The meeting was recessed from 9: 30 p.m. to 9 :45 p.m.
President Wendin returned to the first agenda item - Approval of
the Contract with the General Manager. He asked Mr. Grench if he
had any questions. Mr. Grench said no. President Wendin asked
if any of the Directors had questions.
Meeting 7 . . . page 4
N. Hanko pointed out that the contract calls for three weeks
vacation and asked Mr. Grench if he would intend to take it all
at one time. Mr. Grench replied that he felt it would be worked
out at the time with consideration given to the work load.
K. Duffy asked if the contract called for review in six months,
then a second review six months after that and then yearly.
President Wendin said yes.
N. Hanko asked if a resolution was required to appoint Mr. Grench.
President Wendin said he felt that the agreement was sufficient.
Stanley Norton stated that there should be a resolution authoriz-
ing the President to execute the agreement on behalf of the Board.
Motion: N. Hanko moved Resolution 73-13 approving the agreement
between MRPD and Herbert Grench as General Manager and
authorizing the President to execute the agreement on be-
half of the District. Second by K. Duffy.
W. Peters pointed out that this contract was basically a
two month contract since it was not written for a 1 or 2
year period. He felt that perhaps consideration should be
given to extending the time period.
President Wendin asked for permission of the Directors to
hold further discussion and consideration of the contract
to an executive session at the end of the meeting. It was
so agreed.
V. REPORTS
A. Finances - Savings Account
W. Peters stated that the checking account has been established,
but the savings account has not. He would like to turn the
responsibility for these accounts over to the General Manager.
D. Wendin asked that Mr. Grench present his recommendation at
the next meeting.
B. Policy for Public Distribution of Attorney' s Report on Brown
Act with Respect to Land Acquisition
Mr. Norton provided a revised page 1 for the report for public
distribution.
Motion: D. Wendin moved that the report of March 23, 1973 on
the Brown Act with Respect to Land Acquisition be made
available to the public. Second by N. Hanko.
Mrs. Gordon Stewart asked what kind of public notice
would be given. Mr. Norton replied that any meeting
(private or public) of the Board must be reported to
the newspapers at least 24 hours in advance. He ex-
plained that no special notice need be given for exe-
cutive session held in conjunction with a regularly
scheduled meeting. Mrs. Stewart indicated that she
is very concerned with the citizen' s right to know.
Motion passed unanimously.
Meeting i . . . page 5
C. UD/OS - CATALOG OF OPEN SPACE PRESERVATION TOOLS
N. Hanko presented her recommendations for presentation to the
UD/OS subcommittee considering the catalog. She read the
proposed statement:
"The Midpeninsula Regional Park District intends to function
as an open space agency to work to preserve all forms of open
space resources. Whereas the county is expected to provide a
system of public parks and recreation areas and facilities,
the District expects to make use of a wide variety of tools
and techniques for open space preservation not commonly employed
by existing parks and recreation departments.
"It may be actively involved in resource conservation planning
and management programs not necessarily related to public re-
creation. It would also serve as an advocate for the protection
of the community' s environmental resources. It would work to
encourage donations of important open space lands to the public.
And it would acquire and manage a system of ecolo§ical or open
space preserves.
"The District can perform the function of a conservation com-
mission in serving as advocates on behalf of the environment,
watching to see that local environmental protection ordinances
and state laws are enforced and enlisting citizen involvement
in local resource conservation efforts.
"In selected cases and on a limited basis, the District could
function as a land bank, as a means of preventing urban sprawl
and controlling the timing, location, . type and scale of urban
development in cooperation with local government. For example,
the District may find it advantageous to acquire a parcel for
open space purposes where a portion is suitable for residential
development. The latter portion could be returned to private
ownership on a controlled basis.
"In the area of inter-governmental relations , the District
may work with other governmental agencies in planning and ac-
quiring certain open space lands.
"The District can perform the functions of a land trust. In
cases where potential donors of open space lands want assur-
ance that their land will be kept in its undeveloped condition,
the District can grant this assurance by agreement. Donations
of land or money to the District are tax deductable.
"Since the District is not limited to projects within a single
jurisdiction, it can work to preserve natural areas or resource
systems which transcend local government boundaries. The Dis-
trict can negotiate with landowners privately, in dealing with
landowners who whish to avoid publicity regarding their land
donations. "
N. Hanko and Don Weden pointed out that while the Catalog pro-
bably would not be revised to include these recommendations
they would give the subcommittee information which would be
useful when considering the "action plan" .
Meeting -9 . . . page 6
D. Wendin suggested that the word "may"be changed to "will"
in the statement. He would like to see it expanded to become
a statement of general policy for the District. W. Peters
agreed that this statement along with other documents and
positions be considered in formulating a general statement.
W. Peters stated that he would like the first sentence of the
second paragraph to read "It may be actively involved in
resource conservation planning and management programs not
necessarily related to intensive public recreation. "
K. Duffy pointed out that the first paragraph should include
the word acquisition. N. Hanko suggested that the sentence
read "The Midpeninsula Regional Park District intends to func-
tion as an open space agency to work to 'acquire and preserve
all forms of open space resources. "
D. Wendin said he would like to see two things come out of the
discussion, 1) that N. Hanko direct this letter to the UD/OS
subcommittee and 2) an instruction to Mr. Grench to use the
letter as a beginning point for recommended policy statement.
Motion: W. Peters moved that the letter be revised to reflect
the discussion and sent by N. Hanko to the UD/OS sub-
committee. Second by K. Duffy. Passed unanimously.
D. District Name Change
W. Peters referred this question to Mr. Norton.
Mr. Norton stated that his initial reaction was that a public
vote would be required since the only reference to the District
name was the one that appeared on the ballot when the District
was formed. County Counsel expressed the opinion that there
is nothing in the law that permits a procedure for changing the
name of the District; therefore, a State statute would be re-
quired to provide this procedure. Mr. Norton said this may be
a conservative point of view, but it is still his feeling that
at least a public vote would be required to change the name.
K. Duffy asked what the official spelling is for the District
name. Mr. Norton said that it appeared on the ballot as one
word, "Midpeninsula" .
E. Monte Bello Ridge Study - Zoning Policy
N. Hanko described the study' s proposals using a map; and then
presented her recommendations for the following changes :
1. Establishment of a 10!-20 acre zone category based on the
steepness of slope, for all of Monte Bello Ridge and its
slopes.
2. Exclude all parcels zoned Exclusive Agricultural (A) from
the low density 1-5 acre residential category.
3. Initiate a cost benefit analysis to determine costs of hill-
side development to the low land taxpayers.
4. Consider the visual loss of the cities ' hillside backdrop
by construction of roads and buildings on Monte Bello Ridge
and its slopes.
Meeting 1 . . . page 7
N. Hanko pointed out that the Planning and Policy Committee
has scheduled a public hearing on the Monte Bello Ridge Study
for May 1. Final consideration of public recommendations is
scheduled by the Committee for May 15. This timing would
allow the Directors to consider further recommendations at
its May 9 meeting.
Motion: W. Peters moved that the recommendations be endorsed
by the MRPD and that N. Hanko represent the Board at
the May 1 public hearing. Second by D. Wendin.
After discussion the Directors agreed to word Recom-
mendation 1. as follows: "Establishment of a 10-20
acre zone category based on the steepness of slope
for all areas shown as Permanent Open Space and Long
Term Open Space on Alternate A. " Recommendation 2.
to be worded: "Exclude all parcels currently zoned
Exclusive Agricultural (A) for the low density 1-5
acre residential category. "
These changes were accepted by the maker of the mo-
tion and by the second.
Don Weden pointed out that the staff members who have
been working on this study do not see it as a zoning
plan. N. Hanko and K. Duffy pointed out that other
groups are treating the plan as proposed zoning and
that there was apparently confusion on this point.
Tom Brown, citizen member of the Hillside Subcommittee,
described some of the procedures used in designing the
plan and pointed out some of the confusing aspects.
He expressed the hope that the Subcommittee would
spend time discussing the purpose of the plan.
Motion passed unanimously.
F. Review of El Retiro Suit
W. Peters reported that a referendum petition is being circu-
lated which would halt the zoning change and unofficially it
is reported that enough signatures have been acquired to vali-
date the referendum for the ballot. In addition, he reported
that the Town of Los Altos Hills has filed a second suit. This
suit contains issues which may be of concern to MRPD.
D. Wendin explained that at this time the Board of Directors
have not taken a position on the El Retiro suits and that
there would be full discussion before taking any position. He
pointed out that as a "Friend of the Court" the MRPD could
address only those issues pertinent to it and need not address
the whole suit.
Stanley Norton explained the basis of the suits. Suit #1
questions the validity of the annexation of the land by the
City of Los Altos. Suit #2 raises three questions : 1) Los
Altos lacked jurisdiction to zone the land because the annexa-
tion was invalid, 2) Los Altos has not adopted an open space
Meeting 72 . . . page 8
element to its general plan, 3) Los Altos has not complied
with the Environmental Quality Act.
It was agreed that further discussion would be scheduled for
the May 9 meeting. N. Hanko asked that the Directors be sent
copies of the suit in advance of the meeting.
VI. RESOLUTIONS AND ORDINANCES
A. Resolution 73-11 Accepting Insurance Policy
Motion: N. Hanko moved the adoption of Resolution 73-11 accep-
ting the insurance policy with United States Fidelity
and Guaranty. Second by W. Peters. Passed unanimously.
B. Resolution 73-12 Retaining Lawrence Klein to Prepare Contract
for the Position of General Manager.
Motion: D. Wendin moved adoption of Resolution 73-12. Second
by W. Peters. Passed unanimously.
VII. WRITTEN COMMUNICATIONS
President Wendin acknowledged a letter from the Lexington Hills
Association concerning the San Jose Water Works property and
asked Mr. Leon Milburn, Lexington Hills Association representa-
tive, to make his presentation.
Mr. Milburn discussed the property and some of the problems now
faced by the residents of the area. He pointed out that the land-
owners prefer low usage of the property and that they feel that
acquisition by Santa Clara County Parks and Recreation would not
assure this kind of usage. In summary, what the Association is
asking is that no action be taken by the Parks and Recreation
Commission until MRPD has the opportunity to explore any interest
it might have in acquiring the property.
K. Duffy pointed out that an additional concern for MRPD is the
Trout Creek Area of the Water Works property.
The Directors asked that Mr. Grench investigate the issue further
with Mr. Amyx and with the San Jose Water Works personnel.
Motion: N. Hanko moved that this matter be continued to the May
23 meeting, that Mr. Grench look into the situation, and
that the Directors agree to visit the property with in
the month. Second by D. Condron. Passed unanimously.
K. Duffy reported that the person to contact in order to visit
the property is Mr. Anderson (295-3205) who lives at Howell Re-
servoir and has the key to the property.
VIII . ORAL COMMUNICATIONS
Mr. Jerry Grow expressed his concern about the apparent plans of
the Santa Clara County Parks and Recreation Department to dredge
3 to 5 feet from the bottom of salt pond #1, and asked that MRPD
give consideration to the remaining baylands.
W. Peters reported that Mountain View has been contacted and they
have agreed to send a representative to the May 23 meeting when
the baylands are scheduled for consideration. He has also asked
Meeting J . . . page 9
a member of Save Our Sloughs Committee to attend.
IX. OLD BUSINESS
W. Peters requested that a further report be made on SB-90 since
it is of prime importance to the District to be placed on the tax
rolls. It was agreed that D. Wendin, H. Grench and S. Norton
would make a report at the May 9 meeting.
X. NEW BUSINESS
President Wendin announced the Special Districts Presidents ' and
Board Members' Institute and the Advanced Studies Program in
Special Districts Management (for Staff Members) sponsored by the
University of California Extension at Asilomar (April 27-29 and
April 29 - May 3, respectively) . He also announced that Mr. Grench
would be attending the Staff program. Mr. Grench stated that the
program was the first of two planned institutes , the second would
be held in Santa Barbara during the summer.
Motion: N. Hanko moved that W. Peters be directed to attend the
1973 Special Districts Presidents' and Board Members '
Institute. Second by D. Condron. Passed unanimously.
The meeting was recessed to executive session for purposes of dis-
cussing the employment contract with the General Manager at 12 :15
a.m.
XI. ADJOURNMENT
The meeting was adjourned At 12 :45 a.m.
No Grench
Secretary