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HomeMy Public PortalAbout19761124 - Minutes - Board of Directors (BOD) ,eeting 76-32 law *446 OF MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S November 24 , 1976 745 Distel Drive Los Altos , CA I. ROLL CALL The meeting was called to order by President Hanko at 7 : 34 P.M. Members Present : Katherine Duffy, Barbara Green, Nonette Hanko, George Seager, Edward Shelley, Harry Turner and Daniel Wendin. Personnel Present : Herbert Grench, Edward Jaynes, Jon Olson, Anne Crosley, Carroll Harrington, Bradley Clifford, Phyllis Lee and Del Woods. II. APPROVAL OF MINUTES A. Minutes of November 10 , 1976 N. Hanko stated the consensus that the minutes of November 24 , 1976 be approved as presented. III. WRITTEN COMMUNICATIONS N. Hanko referred the Board to a letter dated November 11, 1976 from the City Clerk of Mountain View enclosing the Mountain View City Council's Resolution No. 11225 , which opposes the detachment of Los Altos Hills from the District. A. Crosley referred the Board to a letter dated November 19 , 1976 from Mr. Robert F. Beyer, City Manager of Saratoga, advising that John Terry has been named Saratoga's representative to serve on any advisory committees formed to assist the District in developing site use and management plans within the Sphere of Influence of Saratoga. IV. ADOPTION OF AGENDA H. Grench said G. Seager wished to make an introduction under Special Orders of the Day. H. Grench advised that Mr. Art Ogilvie would be attending the meeting to discuss the disposition of artifacts located on the Picchetti property. N. Hanko suggested the item be con- sidered under New Business With No Action Requested. A. Minutes of November 24 , 1976 K. Duffy referred the Board to page four, second paragraph, line eight, and suggested the phrase "box springs" be changed to read "the boxing of springs. " N. Hanko stated the consensus that the minutes of November 24 , 1976 be approved with the above change. Meeting 76-31 Page two N. Hanko stated the consensus that the agenda be adopted with the above additions. V. ORAL COMMUNICATIONS There were no oral communications at this time. VI . PUBLIC HEARING A. Proposed Addition to North Foothills Open Space Preserve (a Portion of the Dahl Property) H. Grench introduced his report (R-76-31) dated November 18, 1976 , regarding the Proposed Addition to North Foothills Open Space Preserve (a Portion of the Dahl Property) . He said the District had an opportunity to purchase 274 acres of foothills land located between Page Mill Road and Palo Alto Foothills Park, of which approximately 100 acres is within San Mateo County. He noted that the acquisition of property located in more than one county is precisely the type of activity which the District can easily implement compared with other agencies . J. Olson described the proposed addition as grassland with varying slopes , located less than a quarter of a mile south of the existing North Foothills Open Space Preserve. The headwaters of the Los Trancos Creek run through the site from the southeast corner. Acquisition of the site would be a major step in maintaining Page Mill Road as a scenic arterial route. He described the vegetation on the property, which includes coast live oak and madrone, grassland and chaparral. A variety of plants , animals, wildflowers and birds may be observed on the site. Currently, the land is being used by a tenant who grazes varying numbers of cattle on the site. There is a well-maintained unsurfaced road within the site, and the only structures include a metal barn, a wooden shack and a teepee. J. Olson said the District's proposed acquisition and use of the site would be consistent with other jurisdictions ' plans for the area, which designate the property for Open Space or Resource Management zoning. The District's Master Plan shows the site in a medium to high priority resource category. Past use of the property has included grazing, horse breeding, and cultivation of a walnut grove and vineyards. J. Olson said there was a good potential for two or more trails on the property, and the site should attract hikers , picnickers , photographers, equestrians , environmental education groups and motorists. He recommended that the Board adopt the broad policy recommendations for the North Foothills Open Space Preserve contained on pages five and six of the Use and Management Plan for that site in report R-76-32 (dated November 17 , 1976) which will be considered by the Board later in the meeting. He further recommended that the Board adopt the following general Meeting 76-31 Page three use and management recommendations for the new site : (1) that a parking area with a 30-car capacity be constructed off Page Mill Road at the southern end of the site, delineated by a wood rail fence; (2) that a trail system be established and posted, which would include a loop trail at the parking lot area and a second trail connecting the loop trail with the northern end of the property; (3) that no permits be required for individual users of the Preserve, but that groups of 15 people or more should be required to have a permit; (4) that items (1) , (2) and (3) above be implemented within six months of acquisition; (5) that the corridor along the western bound- ary of the site be designated a "Natural Area;" (6) that cat- tle grazing be discontinued for the present time; (7) that all structures be removed for aesthetic and safety reasons; (8) that signing, fencing, gates and stiles be installed as indicated in the report; (9) that cleanup and revegetation be completed by rangers as needed; (10) that the site be pa- , trolled on a regular basis and (11) that the site by known by the unofficial name of North Foothills Open Space Preserve. J. Olson mentioned that a site brochure for the Preserve is currently being developed by staff, and will be available within six months. He added that staff had determined that the use and management plans for the site would have no sig- nificant adverse impact on the environment. In response to a question from E. Shelley, J. Olson advised that the District would be working on joint use and management of the entire area with Palo Alto staff. Presently, the Palo Alto Foothills Park staff is tolerant of non-resident hikers who stray into the Park, since they are generally serious hikers who are unlikely to damage the environment. H. Grench invited Board and audience members to submit poten- tial names for the North Foothills Open Space Preserve, since the recent annexation of south San Mateo made the name obso- lete. In response to a question from N. Hanko, J. Olson said staff had no plans to interfere with the shallow turnouts that are presently being used by motorists to view the scenery, except when a dangerous traffic situation requires attention. H. Grench explained that the entire 274 acres are being offered to the District for a total purchase price of $782 ,000. An initial downpayment of $182 ,000 would be made, with the $600 ,000 balance payable in five equal annual installments of $120 ,000 at 5 . 75% interest. He advised the Board that Mrs. Dahl , owner of the property, had agreed that the District could, at its option, pay the entire remaining balance during 1977 if it chose to do so. Since a recent independent appraisal of the Meeting 76-31 Page four property places its fair market value at about $1,000,000 , he felt the offer was a very generous one which should be accepted by the District. He recommended that the Board adopt a resolu- tion to acquire the property, that it approve the Negative Declaration for the Use and Management Plan contained in the report and that it adopt the Use and Management Plan. Mr. Robert Mark, 725 Cowper , Palo Alto, said he supported this significant acquisition. He expressed concern that any fencing be attractive, and that overgrazing not be permitted so that oak seedlings are protected. J. Olson advised that staff would attempt to balance the ecology of the site with grazing, which is important in reducing the fire hazard and maintaining the agricultural viability of the site. He said there may be some requirements regarding fencing, box springs and the number of cattle allowed per acre before permission is given for grazing. He further explained that old barbed wire fencing would be replaced with new barbed wire in places for the present time. Split rail fencing, although it is much more attractive, is also very expensive and will have to be phased into District properties as budget permits . Mrs. Dorothy Jennings, 441 East Meadow, Palo Alto, asked why the plan for the site includes a hiking stile, which would effec- tively eliminate equestrians . J. Olson replied that the site was somewhat limited, and equestrian use would be more appro- priate on other District sites , although it would be allowed here. Mr. David Jansson, 27440 Sherlock Court, Los Altos , said he was pleased that the Dahl property would be preserved in open space as the Blair and Crocker sites have been. He said he felt the great majority of Los Altos and Los Altos Hills resi- dents supported the District, and he urged the acquisition of the site. H. Grench advised the Board that Kenneth Kaye, 350 Edlee, Palo Alto, and Wallace and Mary Stegner, 13456 South Fork Lane, Los Altos Hills , had telephoned the office to express their support for the acquisition. Motion: H. Turner moved adoption of Resolution No. 76-28 , a Resolution of the Board of Directors of the Midpenin- sula Regional Park District Authorizing Exercise of Option 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 Necessary or Appropriate to Closing of the Transaction (North Foothills Open Space Preserve Addition - Dahl Property) . N. Hanko seconded the motion. The motion passed unanimously. Meeting 76-31 Page five Motion: B. Green moved that the Board approve the Negative Declaration for the Use and Management Plan as set forth in report R-76-31 dated November 18, 1976 . D. Wendin seconded the motion. The motion passed unanimously. Motion: E. Shelley moved that the Board adopt the recommen- dations contained in the Use and Management Plan as set forth in report R-76-31 dated November 18 , 1976 . G. Seager seconded the motion. The motion passed unanimously. E. Jaynes advised that the District may become the owner of the property within ten days . N. Hanko said she was happy that the use and management plan in- corporated many of the ideas expressed by the Board during the February, 1976 Land Management Workshop. In response to a question from G. Seager, J. Olson said that 4-H members had participated in the day camp held at Permanente Creek Park this past summer. Although the District does hope to establish a working farm on one of its sites , it may or may not be feasible to involve the 4-H, since its members generally provide daily care and feeding of animals, which could present an access problem. VII. NEW BUSINESS WITH ACTION REQUESTED A. Annual Review of Use and Management Plan for North Foothills Open Space Preserve H. Grench introduced his memorandum (M-76-175) dated November 18, 1976 , which recommends adoption by the Board of the recom- mendations contained in the Annual Review of the Use and Manage- ment Plan for North Foothills Open Space Preserve as set forth in the Land Manager's report (R-76-32) dated November 17 , 1976 . J. Olson advised that the Board had adopted a Use and Management Plan for the North Foothills Open Space Preserve on January 28 , 1976 . The annual review for that plan is being presented at this time so that future reviews of all the sites included in the North Foothills Open Space Preserve will be considered at the same time. He said that not all of the recommendations approved by the Board in January have been accomplished due to budget and other site priorities. A site brochure for the Pre- serve is being developed and should be available for distribu- tion within six months. J. Olson made the following recommendations for the North Foot- hills Open Space Preserve for 1977 : (1) that existing recom- Meeting 76-31 Page six mendations continue to apply to the site; (2) that the natural amenities of the area be protected; (3) that staff continue to work with the City of Palo Alto and Foothills Park on use and management plans; (4) that the District cooperate with efforts to establish regional trails in the area and maintain Page Mill Road as a scenic route; (5) that the Preserve be allowed to evolve in a natural succession; (6) that a long term vegetation monitoring program be initiated; (7) that small signs be placed on the site as appropriate; (8) that regular patrol be maintained and (9) that a No Parking sign be installed at Turnout No. 4 for safety reasons. Motion: B. Green moved adoption of the use and management recom- mendations for North Foothills Open Space Preserve as set forth by the Land Manager in report R-76-32 , dated November 17, 1976. D. Wendin seconded the motion. Discussion: G. Seager asked about the possibility of the District discussing with Palo Alto the appearance of Page Mill Road, especially with regard to No Parking signs. J. Olson replied that both the District staff and the City of Palo Alto staff have had conversations on this subject. N. Hanko said she felt it was appro- priate that staff handle this particular matter. The motion passed unanimously. B. Master Plan Extension (1) Progress Report. H. Grench introduced his memorandum dated November 18 , 1976 (M-76-176) regarding the Progress Report on the Extension of the Master Plan into the recently annexed area, to be presented by Larz Anderson of William Spangle and Associates, Inc. , consultants to the District. L. Anderson referred to his memorandum dated November 18 , 1976 , which discusses the current status of work on the Master Plan extension. He advised the Board that current land use plans and other data have been received from cities within the annexed area, and a memorandum summarizing the materials received has been prepared as an informational item for the Board. He noted that the text of the Master Plan has been reviewed and revised by a Board Subcommittee and will be considered by the full Board this evening. He said that data concerning lands in the annexed area has been mapped, and a set of 305 land units has been established based on landscape provinces assigned to the area. Scores for each of the land units have been assigned based on thirteen weighted land use categories , and the scores have been pre- pared for key-punching. The scores will be used with a computer program to evaluate the suitability of each land unit for a variety of open space uses. Meeting 76-31 Page seven L. Anderson advised that maps of various institutional and public lands , streams and agency boundaries have been pre- pared for the District by the firm of Aqua-Velop. These maps are being checked for accuracy and completeness. He said that major work which remains to be done includes run- ning a computer program to calculate open space scores for each land unit; reviewing the scores for validity and for compatibility with scores for northwestern Santa Clara County; and preparing the map and text of the Master Plan for publi- cation. He mentioned that the revised map and text would be folded differently, and the same print style would be used. N. Hanko suggested the Board could meet in the annexed area when the scores are considered. (2) Open Space Policies of San Mateo County and Cities Within the MRPD. Ms. Martha Blair of William Spangle and Associates, Inc. presented a memorandum dated November 5, 1976 regarding a summary of the Open Space Policies of San Mateo County and Cities Within the MRPD. She explained that the planning staffs of the cities within the annexed area had been contacted re- garding the open space policies of their jurisdictions. Copies of the most recently adopted and proposed general plans and open space elements were obtained, and meetings were held with some planners. The information received was assembled onto maps to provide an overview of existing and proposed open space areas in the District and to identify potential inter- jurisdictional conflicts. Sphere of Influence boundaries were obtained from San Mateo County LAFCO and mapped. A draft of M. Blair' s memorandum was sent to the planning staffs of the above mentioned cities and San Mateo County for comment. M. Blair said all the planning staffs were very helpful and courteous. She noted that Redwood C ty did not feel it would be appropriate to respond at this time. The Atherton Town Manager pointed out that his Town schools have park areas. San Mateo County staff suggested the "General Open Space" category referred to on page six of the memorandum might more accurately be named "Lands Within Resource Management. " In response to a question from K. Duffy, M. Blair said the working maps would be available to MRPD Board and staff if they wanted to review them. (3) Review of Draft Revised Text. D. Wendin introduced a memorandum (M-76-174) dated November 18, 1976 from himself, G. Seager and H. Turner regarding the results of their Review of the Draft Revised Text of the MRPD Master Plan. He said most changes were of a non-policy nature and simply reflect the inclusion of another county. He pointed out that one change under "Open Space for Guiding Urban Form" had been made in response to a suggestion by the Cupertino City Council. He said staff and the consultants might make minor editorial changes before printing. Meeting 76-31 Page eight The Board agreed to change the words "the County" to "its county" in the tenth line of the replacement paragraph under Open Space For Guiding Urban Form on page 4 of the draft revised text. D. Wendin pointed out that the definition of Urban Open Space of Regional Significance had been altered and shortened as set forth on page 8 of the draft revised text. He also pointed out that a paragraph referring to the California Coastal Zone Commission had been added to the State Agencies category as shown on page 13a of the draft revised text. Motion: D. Wendin moved that the Board of Directors adopt the draft revised text for the MRPD Master Plan as set forth in memorandum M-76-174 , dated November 18 , 1976 , and as amended by the Board at this meet- ing, subject to minor editorial revisions by staff and consultants. K. Duffy seconded the motion. The motion passed unanimously. The Board recessed at 9 : 38 P.M. and reconvened at 9 :50 P.M. C. Application for Grant from National Endowment for the Arts H. Grench introduced his memorandum (M-76-178) dated November 19 , 1976 , regarding a proposed District Application for a Grant from the National Endowment for the Arts. He said he had become acquainted with a representative from the NEA while attending the National Park and Recreation Society Conference in Boston this fall , and learned of a grant program applicable to the MRPD. C. Harrington introduced her memorandum (M-76-177) dated Novemb- ber 18 , 1976 regarding the proposed Application for a Grant from the National Endowment for the Arts. She advised that the Dis- trict was eligible to apply for a grant in the Public Education and Awareness category of the NEA Architecture and Environmental Arts Program. The District would use funds to develop a compre- hensive program to develop public awareness of the need to pre- serve open space and of the aesthetic, spiritual , environmental and recreational amenities open space provides . The program would be coordinated by the District, which would work closely with other public agencies , private organizations and citizens. Materials produced under the program would include brochures , films and/or video presentations , and portable displays, which would be used by environmental education groups , schools, park and recreation departments, private organizations and the District. C. Harrington advised that one requirement for application for NEA funds is that the public agency provide matching funds. She said the District could expect to provide $25 ,000 for the Public Communications and the Governmental Liaison Programs in the 1977-78 budget, which is the same amount provided in Meeting 76-31 Page nine the 1976-77 budget. She recommended that the Board authorize application by the District for a grant from the National Endow- ment for the Arts under the Public Education and Awareness cate- gory. In response to a question from E. Shelley, H. Grench advised that no additional staff person would be need to implement the pro- gram, but additional consulting services would probably be used. D. Wendin said he supported the application -for production of materials, but he wanted it to be clear that the Board must still decide on the degree of implementation the District wants to pursue. Motion: B. Green moved that the District apply for a grant from the National Endowment for the Arts under the Public Education and Awareness category. H. Turner seconded the motion. The motion passed unanimously. VIII. NEW BUSINESS WITH NO ACTION REQUESTED A. Artifacts on the Picchetti Property N. Hanko said if this was not an emergency item, the Board should place it on a meeting agenda if it wishes to take action. H. Grench pointed out that staff had contacted Mr . Art Ogilvie to see if any historical organizations were interested in the preservation of historical artifacts on the Picchetti property. Based on a number of conversations with A. Ogilvie and the Picchettis, staff recommended that the District contribute up to $4 ,000 toward the purchase of a representative sample of historical artifacts , based on the assumption that local histor- ical groups would contribute the remaining share of $3 ,000 . The Board of Directors approved the $4 ,000 expenditure at its November 10 , 1976 meeting. However, he said it now appeared that there was a problem regarding funding of the $3 ,000. A. Ogilvie stated that there may have been a misunderstand- ing regarding the financial capabilities of the El Camino Trust and the Friends of the Winemakers historical organizations . The two organizations were interested in preventing the sale of the artifacts at a public auction. He said an evaluation of the artifacts placed their value at far above the $7 ,000 figure, and there were a number of valuable redwood and oak vats related to the winery operation. He said it appeared to him there were three alternatives : (1) the District could pay the entire $7 ,000; (2) the District could pay only $4 ,000 and purchase a portion of the artifact list, with the expectation that the historical groups would be able to raise the additional money; or (3) if the District decides that no funds should be allocated, Mr. Picchetti should be advised so that he could arrange for public auction of the artifacts. Meeting 76-31 Page ten A. Ogilvie said the boards of the historical organizations will not be meeting until January, and do not feel they can raise the additional $3 ,000. He recommended that the District Board author- ize the expenditure of $7 ,000 to purchase all the artifacts on the list presented to them at the November 10 , 1976 meeting. In response to a question from G. Seager, A. Ogilvie said that any historical artifacts bought by the historical organizations would probably be removed from the site and exhibited. E. Jaynes said the Picchettis are concerned with disposing of the personal property. If no one is able to purchase them soon, they may have to wait until spring for an auction. G. Seager asked A. Ogilvie if the equipment would be most signi- ficant in its present location and if the historical groups would be able to contribute towards its purchase and/or maintenance at a later date. A. Ogilvie replied that the equipment is most sig- nificant in its present location, but that people he,,has consulted have differing opinions about contributing to acquisition or main- tenance, since they have other commitments to consider. H. Grench said it was his judgment that an adequate representative sampling of artifacts could be purchased for $4 ,000 , if the entire collection was bought as a lot. J. Olson advised that staff would probably store the artifacts until a suitable display could be arranged, with proper patrol and/or a resident caretaker. K. Duffy said she favored purchasing all of the artifacts. D. Wendin said the District ' s policy does not even address the question of purchasing historical artifacts. He quoted the second acquisition policy regarding preservation of historical and archeological resources as set forth in the draft Master Plan: "The availability of cooperation from other public agen- cies or private institutions in meeting the costs of preserving and operating historic structures and facilities will be an important factor in considering acquisition. " He reminded the Board that the District' s purpose is to acquire open space. N. Hanko suggested the Board could either leave the issue as it stands, arrange to view the artifacts, or place the item on a future meeting agenda. Motion: E. Shelley moved that the Board of Directors consider the disposition of artifacts on the Picchetti property as an emergency item because of the time factor. K. Duffy seconded the motion. The motion passed unani- mously. Meeting 76-31 Page eleven Motion: E. Shelley moved that the Board of Directors approve the expenditure of up to $7 ,000 for the preservation of the historic artifacts on the list presented to the Board at its November 10 , 1976 meeting. K. Duffy seconded the motion. Discussion: In answer to a question from D. Wendin, J. Olson said there would be nominal costs associated with moving the artifacts into storage; establishing an exhibit and maintaining it would cost more. He expressed concern about where the money would come from, since the land management budget is already allocated in other ways. H. Grench said the money might ultimately come from potential land acquisition funds and that the Board should make the policy interpretation of amounts to be spent on historic preservation. Motion to Amend: D. Wendin moved to amend the motion to state that the Board approve the expenditure of up to $7 ,000 for the preservation of a representative sample of the artifacts. H. Turner seconded the motion. The amendment failed on the following vote: AYES - N. Hanko and D. Wendin; NOES - K. Duffy, B. Green, E. Shelley, G. Seager and H. Turner. Discussion: Mrs. Dorothy Jennings said she felt the District should purchase all the artifacts. In response to a question from H. Turner, J. Olson said any unwanted artifacts could be sold to an interested historical organization or sold at a public auction. K. Duffy added that they could be exchanged or given away. D. Wendin called the question. The motion passed unani- mously. IX. INFORMATIONAL REPORTS A. Detachment Reports G. Seager advised that H. Turner, H. Grench and he had attended the November 23 meeting of the Woodside Town Council at which the Council unanimously agreed to send a letter to Santa Clara County LAFCO expressing opposition to the proposed detachments . D. Wendin advised that the Cupertino City Council took no action on this subject, but the Los Altos City Council voted to oppose the Los Altos Hills ' detachment petition specifically and also voted to oppose the withdrawal of any city from the District without a District-wide vote. X. CLAIMS Motion : E. Shelley moved approval of the revised claims (C-76- 21) dated November 24 , 1976. H. Turner seconded the motion. The motion passed unanimously. Meeting 76-31 Page twelve D. Wendin suggested it might be appropriate to re-evaluate the District's policies regarding reimbursement of Directors ' ex- penses. N. Hanko recommended that she appoint a Subcommittee to re-examine the policy. She said she would present a report on the matter at the next Board meeting. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :55 P.M. to discuss land negotiations. XII . ADJOURNMENT The Board reconvened to adjourn at 12 :11 A.M. Anne Cathcart Crosley District Clerk I Meeting 76-32 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S December 8, 1976 745 Distel Drive Los Altos, CA I . ROLL CALL The meeting was called to order at 7 : 35 P.M. by President Hanko. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, George Seager, Edward Shelley, Harry Turner and Daniel Wendin. Personnel Present: Herbert Grench, Edward Jaynes, Jon Olson, Anne Crosley, Carroll Harrington, Bradley Clifford, Stanley Norton and John Melton. II. APPROVAL OF MINUTES A. Minutes of November 24 , 1976 K. Duffy referred the Board to page four, second paragraph, line eight, and suggested the phrase "box springs" be changed to read "the boxing of springs . " N. Hanko stated the consensus that the minutes of November 24 , 1976 be approved with the above change. III. WRITTEN COMMUNICATIONS There were no written communications. IV. ADOPTION OF AGENDA N. Hanko stated the consensus that the agenda be adopted as pre- sented. V. ORAL COMMUNICATIONS There were no oral communications at this time. i A. Minutes of December 8, 1976 N. Hanko referred to page six, first paragraph, line six, and pointed out that since the December 8, 1976 meeting she had learned that there had been one letter in support of a Los Altos Hills detachment election, sent to LAFCO from a Los Altos Hills resident, and all the other letters were in opposition. N. Hanko stated the consensus that the minutes of December 8, 1976 be approved with the above addition. Meeting 76-32 Page two VI. NEW BUSINESS WITH ACTION REQUESTED A. Plan to Borrow Money to Finance Land Acquisition J. Melton introduced his memorandum (M-76-190) dated December 3, 1976 , regarding a proposed Plan to Borrow Money to Finance Land Acquisition. He noted that the Board of Directors had approved the purchase of property from Ina R. Dahl for $782 ,000 at its November 24 , 1976 meeting. Under the terms of the con- tract, the District will make a down payment of $182 ,000 and give a note secured by a deed of trust for the $600 ,000 balance, r payable over five years at 5 3/4% interest, or the entire amount of the note may be paid during 1977 at the District' s option. He said he had been investigating the possibility of borrowing up to $782 ,000 from various lending institutions, since the District would not receive any potential federal grant toward this project until the full amount was paid to Mrs. Dahl. Should the District choose to pay the entire $600 ,000 during 1977, this would severely reduce the amount of cash available for land acquisition opportunities, and therefore it might be to the District' s advantage to borrow the money so its cash resources remain adequate. J. Melton explained that the Board members had three borrowing alternatives, some of which depend upon requirements of lending institutions next year, or upon the approval or denial of the grant application. He summarized the contacts he had made with various banks in the area. He introduced Mr. Gary W. Kalbach, Vice President of Union Bank, 400 University Avenue, Palo Alto, who had submitted a letter and proposed resolution for Board consideration, confirming the availability of a loan up to $782 ,000 to the District for a period of four years at the rate of 5 1/2% . J. Melton stated that the Board had until February 28, 1977 to take advantage of the loan opportunity as set forth in the letter. He added that the District would save approximately $5 ,000 by utilizing this alternative. H. Grench said that he had recently had discussions with State officials regarding the District' s grant application, and it appeared doubtful that the District would be funded this year. He said the District would not be able to use the gift portion of the Dahl property as matching funds for another grant appli- cation. Mr. Kalbach advised that there would be no prepayment penalty on the loan to the District. J. Melton pointed out that unless the market situation changes , the District may not be able to get a loan at these terms next year. He added that the District must have a specific purpose for the use of any funds it borrows. Meeting 76-32 Page three In response to a question from E. Shelley, J. Melton advised that if the Board takes no action this evening, the $182 ,000 down payment will be made from the District's treasury as authorized in Resolution No. 76-28 which was approved on Novem- ber 24 . He also stated that the terms and conditions agreed upon for a loan from Union Bank were consistent with the Public Resources Code, and that loan agreement is only valid when approved and signed by 4/5 of the members of the Board. Motion: N. Hanko moved that the Board of Directors acknowledge acceptance of the terms and conditions set forth in the December 8 , 1976 letter from Union Bank in the event the Board chooses to borrow funds from that institution prior to February 28 , 1977. B. Green seconded the motion. Discussion: In response to questions from D. Wendin and S. Norton regarding inconsistencies of the letter and the resolution, G. Kalbach said the letter could be referred to in the loan agreement. He added, in response to a question from G. Seager, that the inter- est rate was fixed, and that the loan was related to Union Bank 's municipal portfolio at this particular time. H. Turner pointed out that the District would also be expected to establish a relationship with the bank, e.g. , maintain ,,a checking account there. He observed that the District was not assured of loan possibilities in the future. S . Norton said the Board might not want to borrow at this time to pay for the Dahl property if it is anticipated that larger amounts may be needed next year. H. Turner expressed his appreciation for the efforts of J. Melton in investigating the availability of borrow- ing power for the District. The motion passed unanimously. B. Annual Review of Use and Management Plan for Costanoan Way Open Space Preserve H. Grench introduced his memorandum (M-76-186) dated December 2 , 1976 , regarding the Annual Review of the Use and Management Plan for the Costanoan Way Open Space Preserve. The memo referred to the use and management plan adopted for the site by the Board on November 26 , 1975 , and recommended that the Board approve the annual review of the plan as set forth in the Land Manager' s report (R-76-33) dated December 1, 1976. J. Olson said Costanoan Way Open Space Preserve , a 2.1 acre parcel of land located along Highway 9 , two miles west of the City of Saratoga, is part of a scenic and recreational corri- dor which links the urbanized area with the Skyline corridor. The site supports dense shrubs and woodland communities which Meeting 76-32 Page four severely restrict recreational access. He advised that areas of major debris on the property had been cleared, and the District's rangers have patrolled the site approximately 150 times during the past year and have occasionally walked through it. He recommended that all policy, improvement and manage- ment recommendations incorporated in the Use and Management Plan for Costanoan Way Open Space Preserve that were adopted in 1976 be continued for 1977. Motion: N. Hanko moved that the Board adopt the recommenda- tions, contained in the Land Manager's report R-76-33 dated December 1 , 1976 , for the use and management of Costanoan Way Open Space Preserve. H. Turner seconded the motion. The motion passed unanimously. C. Agreement with Santa Clara Valley Water District for Stevens Creek Bayland Area Planning H. Grench introduced his memorandum (M-76-187) dated December 2 , 1976 , regarding a proposed Agreement with Santa Clara Valley Water District for Stevens Creek Bayland Area Planning. The memo recommended that the Board adopt the recommendations contained in the Land Manager's report (R-76-34) dated December 1, 1976 , and approve the participation of the District in the joint study with a commitment of $2 ,500 for the District' s share of expenses if the other agencies also decide to participate, and authorize the General Manager to execute the agreement on behalf of the District. J. Olson pointed out that the budget adopted for the 1976-77 fiscal year includes funds for participation by the District in a joint study with the Santa Clara Valley Water District and the City of Mountain View reqardinq the environmental protection, flood control and recreational potential of a por- tion of Stevens Creek. The District's area of interest is limited to a 2 1/2 mile stretch from the point where the Creek enters the Bay, past the 54 acre baylands parcel which the District is interested in acquiring and up to the Bayshore Freeway. The Plan- ning Collaborative of San Francisco has been chosen to make the study at an approximate cost of $38 ,000 , of which the Dis- trict' s share would be $2 ,500 . For the District, the subjects to be studied are (1) incorporation of recreational trails for hikers , bicyclists and equestrians on the levees adjacent to the right-of-way and coordinating them with trails of the City of Mountain View and Santa Clara County; (2) providing staging area access to the trail system and the 54 acre par- cel; and (3) ensuring that the environmental design of the levees and and other construction is consistent with maintain- ing a wildlife habitat and the aesthetics of the area. He said the study would be considered by the Mountain View City Meeting 76-32 Page five Council on December 11 and by the Santa Clara Valley Water District on December 21. He recommended that the Board approve participation of the District in the study, approve the concept as outlined in his report and allocate $2 ,500 as the District' s share of the cost. He added that a minimum of staff time would be involved in the study. Motion: H. Turner moved approval of the recommendations con- tained in the Land Manager's report R-76-34 dated December 1, 1976 regarding participation by the District in a joint study with the City of Mountain View and the Santa Clara Valley Water District , and that the General Manager be authorized to execute the agreement on behalf of the District. G. Seager seconded the motion. The motion passed unanimously. D. Appointment of a Subcommittee to Review Policy on Reim- bursement of Directors ' Expenses N. Hanko introduced her memorandum (M-76-188) dated December 2, 1976,, regarding Appointment of a Subcommittee to Review Policy on Reimbursement of Directors ' Expenses . She suggested that the addition of two Board members and questions raised on the administration of the policies seemed to indicate the need to review the policies. She recommended that a sub- committee consisting of B. Green, G. Seager and herself be appointed to review the policies and report to the Board by February, 1977 on any proposed changes. Motion: N. Hanko moved that a subcommittee composed of B. Green, G. Seager and N. Hanko be appointed to review current policies on reimbursement of directors ' expenses and report back to the Board in February, 1977. B. Green seconded the motion. Discussion: D. Wendin said he would vote against the motion because he did not feel the policies should be reviewed with the intention of revising them. The motion passed on the following vote: AYES - B. Green, K. Duffy, N. Hanko, G. Seager, E. Shelley and H. Turner; NOES - D. Wendin. E. Possible Rescheduling or Cancellation of Second Meeting in December H. Grench referred the Board to his memorandum (M-76-189) dated November 22 , 1976 , regarding the Possible Rescheduling or Cancellation of the Second Meeting in December. He said the only items which might be presented to the Board were the Use and Management Plan for Black Mountain Open Space Preserve and the acceptance of the 2. 1 acre former Claitor, Inc. property. Meeting 76-32 Page six After discussion, the Board agreed that the second Regular Meeting in December would be held on December 22 , 1976. VII. INFORMATIONAL REPORTS A. Detachment Report N. Hanko advised that Santa Clara County LAFCO, at its December 1, 1976 meeting, rejected the application of Los Altos Hills to detach from the District. She said about 300 people either wrote letters or called LAFCO to oppose Los Altos Hills ' re- quest, and five cities within the District opposed the request. She said there were no communications received in support of Los Altos Hills, even though all taxpayers of that area had been notified. She added that LAFCO also rejected the request of the cities of Atherton, Redwood City and San Carlos to transfer jurisdiction to San Mateo County LAFCO. Six cities within the District opposed the request. She said LAFCO has scheduled a February 2 , 1977 hearing to consider an application from the three cities to detach from the District. The cities must publish notice of the hearing, but were granted a waiver of notice exempting LAFCO from mailing individual notices to affected residents. In response to questions from D. Wendin, S. Norton advised that LAFCO would be considering the question of whether or not the three cities may detach; in the event the answer is affirmative, additional questions which would be addressed might include (1) should there be an election, (2) where would the election be held, (3) is modification of the boundaries required, and if so, (4) should additional public hearings be held. D. Wendin said he wished the minutes to reflect that John S. Crosley had recently passed the bar of the State of California. VIII. CLAIMS Motion: E. Shelley moved approval of the revised claims (C- 76-22) dated December 8 , 1976 as presented. D. Wendin seconded the motion. The motion passed unanimously. IX. EXECUTIVE SESSION The Board recessed to Executive Session at 8 :55 P.M. to discuss land negotiations. X. ADJOURNMENT The Board reconvened to adjourn at 10 :57 P.M. Anne Cathcart Crosley District Clerk