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HomeMy Public PortalAbout19741009 - Minutes - Board of Directors (BOD) t Meeting 74-21 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S October 9, 1974 745 Distel Drive Los Altos, CA I. ROLL CALL President William Peters called the meeting to order at 7 : 40 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, William Peters and Daniel Wendin. Personnel Present: Herbert Grench, Edward Jaynes, Anne Cros- ley and Carroll Harrington. Audience of eight persons. II. APPROVAL OF MINUTES Motion: D. Wendin moved that the minutes of September 25, 1974 , as presented, be accepted by the Board. K. Duffy seconded the motion. The motion passed unan- imously. III. ADOPTION OF AGENDA B. Green asked that the Sunnyvale Open Space Bond Issue be considered under New Business Not Requiring Action. H. Grench asked that Urban Service Area Boundaries be con- sidered under New Business Not Requiring Action. K. Duffy asked that the Williamson Act and the Fremont High School Property be considered under New Business Not Requiring Action. D. Wendin asked that a Review of Requirements for Campaign Financial Statements be conducted under New Business Not Re- quiring Action. W. Peters stated the consensus that the addition of the above mentioned items to the agenda was acceptable to Board members. i APPROVAL OF MINUTES W. Peters stated the consensus that the Administrative Secre- tary review the tapes of the meeting of October 9, 1974 to ascertain the following: (1) if there was a second to the motion to adopt Resolution No. 74-23 ; (2) if there was a response to W. Peter' s question of whether or not the Sub- committee report (R-74-20) met the spirit of the City of Sunnyvale' s request for District funds for the purchase of urban open space; and (3) how representative's from the City of Sunnyvale responded to questions regarding the City' s alternative plans, if any, for the preservation of urban open space. APPROVAL OF MINUTES Motion: N. Hanko moved adoption of the minutes of October 9, 1974 as presented. D. Wendin seconded the motion. Amendment: N. Hanko moved to amend the motion to include the memorandum (M-74-160) dated October 29, 1974, prepared by the Administrative Secretary, with a typographical error on the fourth line of paragraph 2 changed from "Jefferlin" to "Hefferlin" . K. Duffy seconded the motion. Discussion: W. Peters said it appeared the memo- randum made clear Mr. Hefferlin' s response to his questions. The amendment to the motion passed un- animously. The motion passed unanimously. Meeting 74-21 Page two IV. PUBLIC HEARING A. Proposed Saratoga Gap Open Space Preserve H. Grench introduced his report (R-74-21) dated October 1, 1974 , regarding the Proposed Saratoga Gap Open Space Preserve. He said the Preserve would contain the first redwoods owned by the District and would constitute the first gift of land to the District. He noted the property had an old road bed paralleling Skyland Boulevard which would be useful as part of a hiking trail. H. Grench showed the audience slides of the property, stating that the acquisition would be consistent with the General Plans of Santa Clara County and of the City of Saratoga. Based on studies of the ecology of the land, it appeared that low-intensity uses would be most appropriate (such as hiking, nature study, kite-flying and photography) . He noted that the present owners of the property wished to see it kept as open space in perpetuity with no permanent struc- tures built except for those necessary or appropriate to pro- tect the property. H. Grench acknowledged the generous volun- teer work of Dr. Judith Unsicker, in particular her field survey of the property, which contributed to the report. He said he hoped other property owners will be encouraged to donate land or other assets to the District. He recommended adoption of Resolution No. 74-23, through which the Board of Directors would accept the gift of land offered. B. Green commented that the Saratoga Gap Preserve was on the way to Sunnyvale Mountain Park. K. Duffy said the property would be an excellent addition to the other public lands located in the area already. W. Peters opened the public hearing. Mr. Dennis Kuzak, Apt. 7-G Hoskins, Stanford, said that as a taxpayer and citizen he advocated the acquisition of open space. He urged the Board to accept this gift of land and said he hoped they would encourage other property owners to do the same. W. Peters closed the public hearing. B. Resolution of the Board of Directors of the Midpeninsula Regional Park District Accepting Gift of Real Property and Authorizing President to Execute Certificate of Acceptance With Respect Thereto Motion: N. Hanko moved adoption of Resolution No. 74-23 , a Resolution of the Board of Directors of the Midpen- insula Regional Park District Accepting Gift of Real Property and Authorizing President to Execute Cer- tificate of Acceptance With Respect Thereto. Discussion: W. Peters said he was impressed with the property and its hiking potential. He added Meeting 74-21 Page three that he would like the Board to discuss the defini- tion of "permanent structures" at a future meeting. H. Grench advised the Board that a framed Sierra Club picture would be given to the donors as an expression of the Board' s gratitude for the gift of land. The motion passed unanimously. Motion: D. Wendin moved that the District pay appraisal costs, title insurance, taxes and any other pertin- ent expenses necessary and appropriate to the acqui- sition of the Saratoga Gap Open Space Preserve. N. Hanko seconded the motion. The motion passed unan- imously. V. OLD BUSINESS REQUIRING ACTION A. Feasibility of Participating in Urban Open Space Programs (Sunnyvale) B. Green introduced a report (R-74-20) dated September 30, 1974, which she and N. Hanko had prepared as the Board ' s Sub- committee regarding the feasibility of District participation in urban open space programs. She said the question of Dis- trict participation with cities on urban open space programs was very complex. The District is concerned with access to, as well as acquisition of, open space lands, she said, but at the same time the District must avoid depleting its funds on city acquisitions, because this would violate the intent of the District, as mandated by the voters, to acquire open space lands outside Urban Service Areas. The Stevens Creek Trail Chain is one important means of providing access to foothills and baylands areas for a significance population of the District. N. Hanko said there were problems regarding the maintenance of orchard lands within city areas, and that the feasibility of doing so should be studied. She noted the tremendous dif- ference in lands prices between city parcels designated for acquisition (around $60, 000/acre) and foothills parcels (around $2, 000/acre) . Mr. Charles Hefferlin, Councilman from the City of Sunnyvale, 563 Fort Laramie, Sunnyvale, said he would like to express the support of the Sunnyvale City Council for any recommenda- tion the report might give toward encouraging Board policy to aid acquisition of urban open space. He said time was an important consideration and urged that recommendation #2 of the report be implemented as soon as possible. He offered the assistance of the City of Sunnyvale' s staff for recommen- dations #2 and #3. 1 Meeting 74-21 Page four Mr. James Hildebrand, Sunnyvale City Attorney, said the City of Sunnyvale was considering purchase and leaseback of orchard lands as an alternative means of preserving urban open space in the event the bond issue failed. He pointed out that the low market value of foothills land indicates its undesirability for development, but, he added, the City of Sunnyvale had never disputed the importance of acquiring land in the foothills. Mr. Hefferlin also asked that a correction be made on page 3, paragraph 3, line 5 of the report, to show that the City of Sunnyvale had designated baylands for both industrial develop- ment and public facility zoning. He suggested that the Board conduct extensive studies before making any decisions regard- ing District policy on feeder trails. N. Hanko suggested the Pome Avenue parcel would be a good site for a bicycle trail, especially since laning problems would be virtually nonexistent. She asked that Mr. Hefferlin submit the Subcommittee report, as well as the question of the desirability of feeder trails, to the Sunnyvale City Council for its review. Mr. Hefferlin agreed to do so. D. Wendin said he thought the introductory phrase in recom- mendation #2 was not appropriate inasmuch as the Board had never formally adopted the staff' s report on Urban Open Space of Regional Significance. He suggested the Board might want to ask the City of Sunnyvale for suggestions regarding other parcels which the City feels are consistent with staff ' s definition of urban open space of regional significance. Motion: N. Hanko moved adoption of the recommendations con- tained on page eight of the Subcommittee report (R-74-20) dated September 30, 1974 , with referral of recommendations #1 and #4 to the Trails Task Force, and revision of recommendation #2 to read as follows: "We recommend that the staff investi- gate the feasibility of diverse methods and costs of preservation of the approximately 12-acre parcel on Mathilda near El Camino in Sunnyvale. " D. Wendin seconded the motion. Discussion: K. Duffy said there may be other re- gionally significant lands, in Sunnyvale or in other cities, which have not yet been considered. B. Green said it seemed a waste to pave over the fertile lands of the Santa Clara Valley. The motion passed unanimously. VI. NEW BUSINESS NOT REQUIRING ACTION A. Sunnyvale Open Space Bond Issue Motion: B. Green moved that the staff be directed to draft a resolution supporting the Sunnyvale Open Space Bond Issue as an important step in the preservation Meeting 74-21 Page five of open space, and that the resolution include the following points: (1) that the Sunnyvale City Coun- cil submit a charter amendment which will guarantee protection of park and open space lands to their voters at the earliest feasible date, and (2) that the intended short and long term uses of parcels to be acquired with the bond moneys be clearly set forth to the residents. D. Wendin seconded the mo- tion. Discussion: Mr. Hefferlin said the resolution would certainly help the bond issue; however, it would be preferable if the questions raised in (1) and (2) of the motion were omitted until after the election, or, if they were submitted in a separate resolution. W. Peters asked that the Board be given copies of the ballot argument for the bond issue prior to voting on a supportive resolution. Amendment to the Motion: B. Green said she would amend her motion to reflect the support of the Board for the open space bond issue, and that the additional recommendations would be submitted personally rather than including them in the motion. D. Wendin agreed to the amendment. N. Hanko urged Mr. Hefferlin to initiate an open space preservation guarantee for the residents of Sunnyvale. The motion, as amended, passed unanimously. B. Urban Service Area Boundaries H. Grench advised that LAFCo has asked cities within Santa Clara County for their recommendations regarding Urban Service Area boundaries by November 1, 1974 . Some of the cities, he said, have indicated a desire to expand their boundaries so they can control development that might take place, but, he said, such expansion might also discourage District acquisi- tion of land in those areas. This would work against the cities ' intent of limiting and/or controlling development. He suggested that the staff contact the cities regarding the District' s interest in their recommendations to LAFCo. He also suggested writing a letter to LAFCo requesting that the District be allowed to review proposed Urban Service Area boundary revisions before they are adopted. W. Peters suggested a consultant might be employed for this review in order to save staff time. He also observed that this topic comes under the District' s Governmental Liaison program, which has not received the attention it should have had, and therefore the District has been caught short. D. Wendin said he hoped that in the future cities would auto- matically consult the District with respect to proposed changes in Urban Service Area boundaries. W. Peters stated the consensus of the Board that informal discussions with city and County personnel would be appropri- ate as would the letter to LAFCo. Meeting 74-21 Page six C. Williamson Act K. Duffy said the County was in the process of discussing the Williamson Act, and she offered to find out more about the discussions. W. Peters suggested the Board give more consideration to its program of Intergovernmental Relations. D. Fremont High School Property K. Duffy referred to an article she had read regarding some surplus Fremont High School District property. It was agreed that the matter would be followed, but that no action would be taken at this time. E. Review of Requirements for Campaign Financial Statements A. Crosley advised Board members that October 11, 1974 was the deadline for filing candidates' first campaign financial statements (short form) . Any candidate receiving more than $500 in contributions would have to ask the Registrar of Voters ' office for the applicable long form. D. Wendin suggested the non-incumbent Board candidates be reminded of the filing deadline, and A. Crosley agreed to advise them the following morning. VII. CLAIMS Motion: W. Peters moved acceptance of the revised claims (C-74-19) dated October 9, 1974 . K. Duffy seconded the motion. Discussion: In answer to a question by D. Wendin, H. Grench advised that he and S. Norton, legal counsel to the District, had discussed the impact of a recent State Supreme Court ruling with respect to payment of fees charged to Board of Directors candidates for translation and publication of cam- paign statements. It was determined, as a result of their conversation and in light of the court' s ruling, that the District could pay the fees in- curred by the candidates for their campaign state- ments, and, at a later date the matter could be brought to the attention of the Board to determine what the District' s policy would be with respect to collection of such fees from the candidates . Amendment: N. Hanko moved to amend the motion to remove item #730 from consideration. W. Peters Meeting 74-21 Page seven seconded the motion to amend. The motion to amend passed unanimously. The amended motion passed with the following vote: AYES - W. Peters, N. Hanko and K. Duffy; NOES - D. Wendin; ABSTAIN - B. Green. Motion: W. Peters moved acceptance of claim #730 of the revised claims (C-74-19) dated October 9, 1974 . D. Wendin seconded the motion. The motion passed on the following vote: AYES - W. Peters, K. Duffy, B. Green and D. Wendin; ABSTAIN - N. Hanko. VIII. EXECUTIVE SESSION The Board recessed to Executive Session to discuss personnel matters and land negotiations at 10: 30 P.M. IX. ADJOURNMENT The Board reconvened to adjourn at 11: 10 P.M. Anne Cathcart Crosley Administrative Secretary I