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HomeMy Public PortalAbout19740911 - Minutes - Board of Directors (BOD) , ,:ing 74-19 Nb MIDPENINSULA REGIONAL PARK DISTRICT MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S September 11, 1974 745 Distel Drive Los Altos, CA I. ROLL CALL President Peters called the meeting to order at 7 :41 P .M. Members Present: Katherine Duffy, Barbara Green, William Peters, Nonette Hanko and Daniel Wendin. Personnel Present: Herbert Grench, Edward Jaynes, Stanley Norton, John Melton, Anne Crosley, Carroll Harrington, Jennie George and Dennis Kuzak. Audience of approximately sixty persons. II* APPROVAL OF MINUTES Motion: K. Duffy moved acceptance of the minutes of August 28 , 1974 as presented. B. Green seconded the motion. The motion passed unanimously. III. ADOPTION OF AGENDA W. Peters suggested the Board consider the written communica- tions regarding the Fremont Older Open Space Preserve when that item was discussed under Public Hearings. The Board agreed to this. N. Hanko asked that distribution of meeting materials to candi- dates for Director be considered under New Business Requiring Action. W. Peters stated the consensus that this was acceptable. IV, SPECIAL ORDERS OF THE DAY W. Peters introduced Dr. Edward G. Shelley, candidate for Direc- tor from Ward 4 , and Mr. Jack Whitaker, candidate for Director from Ward 3 . II . APPROVAL OF MINUTES K. Duffy asked that corrections be made on page three of the f September 11 1974: 'minutes o e , min p "Mr. Ed Greeley" should be changed to "Mr. Zett Greely" . Mr. John Weir' s address should be changed from "Arbuelo" to "Arroyo de Arguello" , and the name of the associa- tion he represents should be "The Greater Arguel lo Homeow ners Association" Motion: N. Hanko moved that the minutes of September 11 , 1974 , as amended, be accepted by the Board. D. Wendin seconded the motion. The motion passed unanimous 1_v. i Meeting 74-19 Page two V. PUBLIC HEARING A. Proposed Fremont Older Open Space Preserve H. Grench introduced his report (R-74-18) dated September 2 , 1974 regarding the Proposed Fremont Older Open Space Preserve. He noted that the District had been urged to purchase this property ever since its formation in November, 1972 . However, the District was not in a position to take action until it received tax revenues, which did not occur until December, 1973. The property consists of approximately 266 acres, and is located within the Spheres of Influence of Cupertino and Saratoga, although not in the Urban Service Areas. The property is visible to a sizeable portion of the citizens of the Dis- trict, and there are many species of plants and animals which can be found on the property. There are several buildings on the property, also, including structures of historical signifi- cance. Low-intensity uses are planned for the property; these might include nature study, hiking, bird-watching, demonstration farm (orchards) , and horse trails. The property is currently zoned for agricultural use. The District will work closely with citizen groups, neighbors, and other -agencies to develop a plan for the use and patrol of the property consistent with its environmental characteristics. He emphasized that, if the Board of Directors decided to purchase the option, the property will still remain private property until such time as the Board may decide to exercise the option to buy. The cost of the option is $25,000, which amount would be applicable to the total purchase price of $689 ,000. The option will be in effect until June, 1975, which will give the Board time to study plans of the Cities of Cupertino and Saratoga for the area. H. Grench gave a slide presentation to the Board and audience, pointing out the variety of vegetation and the beauty of the land on the Proposed Fremont Older Open Space Preserve. He recommended to the Board that it decide to purchase the option. W. Peters said he thought it important to see what Cupertino and Saratoga were planning for the area. He introduced five letters to the Board in favor of the purchase of the option. They were from the League of Women Voters of Cupertino-Sunny- vale, signed by Wilma H. Wool as President; the American Asso- ciation of University Women, Sunnyvale-Cupertino Branch, signed by Sandra Blackford as President; the Sierra Club, Los Gatos, Saratoga, Cupertino Monte Sereno Group, signed by John Brigham as Chairman; the Committee for Green Foothills, signed by Mrs. Betsy Bechtel as President; and the Friends of the "Painless Parker" Ranch, signed by Charles Hunter as Chairman. Meeting 74-19 Page three N. Hanko said she would vote for the purchase of the option and, at a later date, for the purchase of the property because the District was concerned with purchasing land of regional significance, and the Fremont Older property was such a reg- ionally significant parcel, even if Palo Alto residents might not be as directly benefited by the property as residents of other cities in the District. In answer to a question, H. Grench estimated that if the option were exercised in a very short while, the cost per acre -to- the- Dit,trict would be about $2 ,500 . If the District delayed exer- cise of the option until the end of the option period, the cost, per acre would be about $2 ,300 in today's dollars. W. Peters opened the Public Hearing. Ms. Marge Sutton, 609 Rosita Avenue, Los Altos , said she was speaking on behalf of the Loma Prieta Chapter of the Sierra Club in support of the purchase of the Fremont Older Open Space Preserve. The property is particularly important, she said, because of its proximity to the urbanized area. She hoped the Board would consider ways to preserve the old homestead, and she noted that the contours of the land and its beautiful view would be a wonderful asset to the citizens of the District. Mr. Ed Greeley, 21450 Prospect, Saratoga, representing the Prospect Hills Homeowners Association, said the Assistant General Manager should be commended for obtaining a $25,000 option on property. He said the Association was virtually unanimous in its support of the purchase of the Fremont Older property, but had two questions : is the option irrevocable, and where will the points of access to the property be? H. Grench advised that Prospect is a probable access point, but other means of access are possibilities. W. Peters advised that the option is an irrevocable contract. Mrs. Phyllis Butler, 353 Lowell Avenue, Palo Alto, introduced herself as a member of the Santa Clara County Historical Heritage Commission. She said she thought the Commission would endorse the purchase of the property, which has been designated as a point of interest by the State Landmark Committee. Mr. John Weir, 12343 Arbuelo, Saratoga, representing the Arbuelo Homeowners Association, expressed that group's support for the purchase of the option, and asked if the option could be re- newed. H. Grench answered that renewal of an option is a negotiable possibility. Ms. Barbara Sampson, Director of Community Services for the City of Saratoga, introduced a letter from Mayor Jerome Smith of the City of Saratoga to the Board, urging them to take favorable action to purchase the option. The letter advised Meeting 74-19 rage four that at its September 10, 1974 meeting, the Saratoga City Council took action endorsing the proposed purchase of the option by the District. The letter further stated that the action would be consistent with the 1974 Saratoga General Plan for the City' s Sphere of Influence. Mr. Bruce Stephan, 12321 Saraglen, Saratoga, urged the District to purchase the option on the Fremont Older Open Space Preserve in order to help prevent deterioration of the quality of life which has already occurred in the valley. He added that he felt it would be desirable to purchase contiguous parcels of land to protect District property from urban encroachment. Mr. Steve McKerrow, 21584 La Playa Court, Cupertino, said that he had studied wildlife on the Ranch for five years, and con- sidered it a valuable area for preservation. There are 76 species of birds on the property, and much wildlife still in an undisturbed state. He offered the District a report which he had prepared on the wildlife of the property. Ms. Mary Anna Ecklund, 971 Ticonderoga Drive, Sunnyvale, said it was a pleasure to speak in favor of the proposed purchase of the Older Ranch option. Ms. Phyllis Marangoni, 19305 Falmouth Court, Saratoga, said she spoke on behalf of the Los Gatos-Saratoga chapter of the American Association of University Women. The AAUW wrote to the District in February 1973 in support of the purchase of the Fremont Older property, and their support continues more emphatically than ever. Mr. Gary Stevenson, 22505 Rolling Hills Road, Saratoga, said he is a neighbor to the Fremont Older property. His family would very much like to see the property become part of the District. Ms.Margaret Berry, 21540 Edward Way, Cupertino, said she represented about 100 horseback riding enthusiasts in the area who would like to see the property become a part of the District. Mr. Steve Stuckey, 22600 Prospect Road, Saratoga, introduced a letter to the Board of Directors from him and his wife, Linda, urging the District to purchase the option. The letter also supports plans to develop management and usage policies for the property. Ms. Donna Harris introduced herself as the "exception in the middle of the Ranch" , and said she thought the late Mrs. Older would be very pleased to see the property become park land. Mrs. Joan Brown, 2374 Deodara Drive, Los Altos, said she was very happy that the District was planning to acquire the Older and Upper Seven Springs property. Meeting 74-19 Page five Mr. Bob Denny, 11801 South Stelling Road, Cupertino, said he had managed the Seven Springs and Older property since their purchase by the Lyddons. He expressed concern regarding some of the management problems the District may encounter with the property, e.g. , limited access and a lengthy stretch of road to be maintained. He reminded the Board that the $25, 000 for the purchase of the option was non-refundable. W. Peters re- plied that the District intended to formulate management plans for the property during the period prior to exercise of the option. The District, he said, was in the process of hiring a Land Manager, and many of the Land Manager candidates had ideas for dealing with some of the problems that might occur. The District planned to enlist the advice and help of other agencies, citizen groups and neighbors of the property. He emphasized that the Board had a commitment to the citizens of the District to care for the lands it acquired, and that that commitment would be honored. Funds have already been allocated for land management in the budget for the current fiscal year. Mr. George Edwards said he had lived at the end of Rolling Hills Road in Saratoga for nearly 24 years, and his property was adja- cent to both Seven Springs and Older Ranch. He advised the Board that during the past ten years people have used the area increasingly, and some of these people have littered and driven noisy motorcycles through the area. A fence was erected to try to prevent these problems, he added, and he was concerned that the fence would be removed and that the District would be faced with policing problems. E. Jaynes assured Mr. Edwards that the District was aware of the potential problems and that a number of solutions were being considered. Mr. Gordon Jennings, 441 East Meadow, Palo Alto, urged the Dis- trict to purchase the option for the Older Open Space Preserve. He said he thought the property was beautiful and ideal for horseback riding, and that perhaps access through the property could be kept away from borders where there are neighboring property owners. Mrs. Dorothy A. Lyddon, 11801 South Stelling Road, Cupertino, asked how the District would limit access, and, if so, how could people enjoy the property. H. Grench replied there were a num- ber of ways in which access could be limited, e.g. , determin- ation of the size of parking areas, patrolling the land, fenc- ing at some points to protect neighboring properties . He added that the Board' s policy with regard to use of any District land is that usage be consistent with the capacity of the land to be used without damaging its ecological features. W. Peters advised that the Board was generally interested in low-intensity use consistent with the land acquired by the District, and that its determination was probably different than that of other governmental agencies. Meeting 74-19 Page six Mrs. Lyddon said she had received the impression that the Board had already accepted the option offer at the Executive Session of its last meeting, and that her attorney advised her to sign the option because the District would probably condemn the property if she did not. W. Peters replied that the Board had discussed the property in Executive Session as much as 25 times in the past year while negotiations were proceeding, and, on the basis of those discussions, staff was aware of what terms would be accepted by the Board for serious consideration. He emphasized that no decisions regarding expenditure of funds of the District are ever made without public hearing. K. Duffy suggested that if the Board had received substantial negative reaction to plans for the purchase of the option, the Board might not vote for its acceptance. Mr. Jack Whitaker, 1015 Hiawatha Court, Sunnyvale, asked if the press was represented at the meeting. He was advised that members of the press were present. W. Peters closed the public hearing. Motion: K. Duffy moved that the President of the Midpeninsula Regional Park District be authorized to acknowledge receipt of the option to purchase real property dated August 28, 1914, wherein Jack R. Lyddon and Dorothy Anne Lyddon grant to the District an option to purchase approximately 266 acres of land, and that the General Manager be authorized to pay the option price provided therein of $25,000.00 to the grantors. B. Green seconded the motion. Discussion: D. Wendin said the District is a public agency, and therefore has obligations to provide proper maintenance for any property it may acquire. The Dis- trict, he said, will have a Land Manager, will work with cities and other agencies and neighbors, and will do its best to provide recreation to the citizens of the District consistent with the nature of the open space acquired. B. Green agreed with Mr. Wendin, citing the proximity of the property to Sunnyvale as one of the reasons she favors the motion. K. Duffy expressed her delight with the proposed purchase of the option to purchase the property, not only because of the beauty of the land, but also because of its historical signi- ficance to the District. She noted the District has long been urged by conservationists to purchase this land, and quoted passages from letters of support. The letters were from Mr. William W. Monahan, Superintendent of the Fremont Union High School District; Mr. Steve MacKerrow, a student living near the Ranch; and Mr. Louis Stocklmeir, Cupertino City Historian. K. Duffy empha- sized that the District's primary purpose was to acquire open space preserves; that the District is committed to the proper care and management of public lands; and that meeting74-19 Pa s Page seven en the advice and assistance of Mr. and Mrs. Lyddon, who have taken such good care of their land, would be sincerely welcomed. The motion passed unanimously. VI. EXECUTIVE SESSION The Board recessed to Executive Session to discuss personnel matters at 9: 05 P.M. VII. OLD BUSINESS REQUIRING ACTION The Board reconvened at 9:40 P.M. A. Open Space Action Program for Santa Clara County N. Hanko introduced her report (R-74-19) dated September 7 , 1974, regarding her recommendations for the District's role in the Santa Clara County Open Space Action Program. She said her interpretation of the County' s intention in its listing of various agencies was to pinpoint each agency' s role in the Open Space Action Program. Therefore, the District should make clear its intentions. Lengthy discussion of the proposed rec- ommendations followed. Motion: W. Peters moved acceptance of the recommendations con- tained in N. Hanko' s report (R-74-19) , with changes agreed to by the Board in its discussion. B. Green seconded the motion. The motion passed unanimously. Changes: Page 2 of R-74-19. Under Action Program Recommendations Linear Open Space Resources, recommendation #5 should be deleted. Page 3 of R-74-19. Under Agricultural Resources, the following should be added: Under Action Program Recommendations: Interim Agri- cultural Lands: #2. Participant (P) . Under Action Program Recommendations: Long Term Agricultural Lands; #4 . Participant (P) ; V. Authority (A) . Under Vegetation and Wildlife Habitat Resources, strike the recommendation listed and insert the following: "P.P.C. recommendations acceptable" . Under Archeological, Paleontological and Historic Re- sources, strike the recommendation listed and insert the following: "P.P.C. recommendations acceptable. " Meeting 74-19 Page eight Under Areas Hazardous to Development, delete the fol- lowing: "2. List M.R.P.D. as Authority (A) .' Insert "2. " in front of the sentence reading "Amend Appendix 'E' to include M.R.P.D. as a participant in the Task Force. Page 4 of R-74-19. Under Action Program Recommenda- tions: Wildlife Habitat Areas, make the following changes: Add a new #5 to read "Acquire Charleston Slough. " Old #5 should now be #6. Old #6 should now be V , to read "Explore feasibil- ity of restoring former marshlands such as the New Chicago marsh near Alviso, Casey Slough and por- tions of Charleston Slough which can provide sig- nificant viable wildlife habitat. " Under the heading Wildlife Habitat Areas, the para- graph entitled "Restoration of Former Marshes" should be changed to read as follows: " . . .but also to restore as much as possible of the marshlands which have pre- viously been damaged. Areas such as Casey Slough, por- tions of Charleston Slough and the New Chicago area near Alviso may be potentially restorable marshes. " Under the Action Matrix for The Baylands, the follow- ing changes should be made for the Action Program Rec- commendations: Wildlife Habitat Areas: New #5 should list M.R.P.D. as Authority (A) . New #6 (Old #5) should list M.R.P.D. as Participant (P) . New #7 (Old #6) should list M.R.P.D. as Participant and Initiator (P*) . Under Action Program Recommendations: Parks and Marinas, the following should be added: 1. List M.R.P.D. as Participant and Initiator (P*) . Add a paragraph #5 to read as follows: Reconsider proposed salt pond dredging for use as a sailing basin so that salt production is not impaired. " Under Action Program Recommendations: Salt Ponds, #3 . List M.R.P.D. as Participant (P) . Under Action Program Recommendations: Santa Teresa Hills, #2. , change Authority (A) to Participant (P) . Under Action Program Recommendations: the Area in Gen- eral, amend Appendix "E" to include M.R.P.D. as a par- ticipant on the Task Force. Meeting 74-19 Page nine N. Hanko noted that, with respect to the North Valley recommen- dations being adopted by the Board, the question of whether or not the District will operate within Urban Service Areas remains open. VIII. NEW BUSINESS REQUIRING ACTION A. Resolution Amending Policy for the Duplication and Dissem- nation of Agendas, Supporting Materials, and Other Records of the District S. Norton introduced Resolution No. 74-21, which amends the policy for the duplication and dissemination of agendas, sup- porting materials, and other records of the District. The policy was being amended, he noted, so that informational items and written communications would be made available to the press. A memorandum from H. Grench (M-74-127) dated September 5, 1974 , stated that an amendment of Section 2 of the policy would allow this change. Motion: N. Hanko moved adoption of Resolution No. 74-21. D. Wendin seconded the motion. The motion passed unani- mously. B. Distribution of Meeting Materials to Candidates for the Board of Directors N. Hanko advised that other public agencies have adopted policies for the distribution of meeting packet materials to candidates who have filed for elective agency offices. She said she felt it would be a good policy for the District to distribute "Press Packets" , which contain all agenda-related items, to candidates for the Board of Directors. Motion: N. Hanko moved that S . Norton be directed to prepare a resolution whereby the District would adopt a policy of distributing "Press Packets" to candidates who have filed for a seat on the Board of Directors. W. Peters seconded the motion. The motion passed unanimously. IX. CLAIMS Motion: W. Peters moved acceptance of the revised claims (C-74- 19) dated September 11, 1974 , as presented (copy attached) . N. Hanko seconded the motion. The motion passed unani- mously. X. EXECUTIVE SESSION The Board recessed to Executive Session at 11:40 P.M. XI. ADJOURNMENT The Board reconvened to adjourn at 12: 20 A.M. Anne Cathcart Crosley Administrative Secretary