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HomeMy Public PortalAbout19770126 - Minutes - Board of Directors (BOD) Meeting 77-2 MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M_ I N_ U_ T_ E_ S January 26 , 1977 745 Distel Drive Los Altos , CA I. ROLL CALL The meeting was called to order by President Wendin at 7 : 34 P.M. Members Present: Katherine Duffy, Barbara Green, George Seager, Harry Turner and Daniel Wendin. Edward Shelley arrived at 9 :15 P.M. Member Absent: Nonette Hanko Personnel Present: Herbert Grench, Edward Jaynes, Jon Olson, Anne Crosley, Carroll Harrington, Del Woods , Phyllis Lee and Stanley Norton. II . APPROVAL OF MINUTES A. Minutes of January 12 , 1977 K. Duffy suggested that a sentence be added following the election of officers on page five of the minutes of January 12 to reflect that D. Wendin took the chair as President of the Board. D. Wendin asked thatparagraph five on a e four of the minutes page be clarified to reflect that Mr. Wilshire stated he had photo- graphs of damage done to District property by the motorcycle race near Permanente Creek Park and would make them available to the District, but that the photographs distributed at that meeting had been taken by J. Olson. Robert Mark, 725 Cowper, Palo Alto, clarified the number of trees actually cut down for the race. D. Wendin stated the consensus that the minutes of January 12 , 1977 be approved as amended. III. WRITTEN COMMUNICATIONS There were no Written Communications to the Board. i A. Minutes of January 26 , 1977 D. Wendin referred to page five, paragraph five, line two of the motion and stated that the word "convenience" should be changed to "meeting" . Also on line four of the motion the word "or" should be changed to "on" . D. Wendin stated the consensus that the minutes of January 26 , 1977 be approved as amended. Meeting 77-2 Page two IV. ADOPTION OF AGENDA D. Wendin said he wished to consider the matter of the Hassler Property on the agenda under Oral Communications. V. ORAL COMMUNICATIONS G. Seager introduced Mayor David Nolan and Councilman William Steele from the City of San Carlos, and Robert Black , a San Carlos resident, who wished to make presentations regarding the Hassler Property. He noted that the State Department of Corrections had recently expressed an interest in purchasing the Hassler land for a minimum security women's prison, and this had caused concern to San Carlos residents . William Steele, San Carlos City Councilman, 133 Highland, San Carlos, told the Board that the Hassler site was owned by the City of San Francisco, who had declared the site surplus proper- ty several years ago. Since then, San Carlos has attempted to acquire the 294 acres comprising Hassler, and in 1972 the City' s voters approved a bond measure to raise approximately $1.1 million towards purchase of the site, which would be repaid by the citizens over a 30-year period through a 7� tax rate. He said San Carlos had been unsuccessful in getting cooperation from other agencies on this project. San Carlos had applied for federal grant funds twice, but both applications were rejected. Now, he said, the State Department of Corrections wants to use the Hassler site to house about 450 to 500 female inmates in a minimum security facility. The Department had also been considering Agnews State Hospital, but there had been strong protests at a recent public hearing on that possibility. He pointed out that the State had sufficient money budgeted for purchasing a site and constructing facilities. He suggested that the State may need additional room for future facilities , even though officials from the Department had suggested they would only need the twelve acres surrounding the existing buildings on Hassler. He said the City of San Francisco seems willing to give San Carlos a month or two to reach a decision regarding purchase of the site, but they may not be in a position to refuse a bona fide offer from another agency. He said he was at tonight's meeting on behalf of the San Carlos City Council, which was requesting that the District act favorably toward the purchase of Hassler. He said the Council ' s action was unanimous , and they are also contacting Senator Arlen Gregorio in the hope that hearings on the prison matter will be conducted. They are also requesting the support of other midpeninsula cities and the San Mateo County Council of Mayors. He said the Council considers the District its last hope to preserve Hassler for park and open space. He added that while the issue of detachment is probably no longer alive, he felt it was a political matter that should not be a part of this decision in any case. Meeting 77-2 Page three W. Steele said he felt the Hassler property was an ideal acquisi- tion for the District, since it is open space near the urbanized area, and there is substantial local support for it. A favorable decision by the Board would consolidate support for the District, also. He acknowledged that the District had not yet completed its Master Plan, but he pointed out that Hassler is threatened open space and there is no other alternative. G. Seager asked if the City Council' s action implied that the tax override would still be applied. W. Steele replied that there were probably different opinions on this, and his under- standing is that Mayor Nolan would like to keep all alternatives open. G. Seager responded that he had endorsed annexation of the District with the intent that if Hassler was acquired, citizens would not pay a double tax for it. In response to a question from K. Duffy, W. Steele said some residents would rather see a correctional facility on the site than have it developed; however, he questioned the State 's willingness to dedicate the remainder of the site to open space since they may have future needs not anticipated at this time. He said he felt there were many citizens who didn't want either development or a correctional facility on Hassler. D. Wendin asked if the State Department of Corrections could change its mind after it had dedicated a portion of the site to open space. S. Norton said his opinion was that the State would have to condemn the land and assert that the proposed use, e.g. , prison facilities , was a better and more important use than open space. The courts would have to settle the question. David Nolan, Mayor of San Carlos, 136 Acacia Court, San Carlos , explained that the federal funding which the City of San Carlos had applied for was the discretionary fund of the Secretary of the Interior, which was limited. He said he didn't feel resi- dents of the area near Hassler would use open space next to a prison facility. He stated that the San Carlos City Council decision to seek detachment from the District had been a poli- tical matter,, but if it was necessary he would ask his col- leagues to reconsider. He said the City Council would rather not invoke the 7� tax rate on City voters, but the alternative is available. He said the Hassler property was a prime open space area that deserves consideration by the District, and he urged District support in acquiring it. In response to a question from B. Green, H. Grench said the City of San Francisco might be amenable to time payments; how- ever, an agency would be unlikely to approve a grant towards acquisition of property after the property had already been purchased. He said there were ways it could be done, but it was not easy to accomplish. Meeting 77-2 Page four In response to a question from H. Turner , D. Nolan advised that the City did have discretion to tax its citizens at less than the approved 7<.' rate. Robert Black, 585 Dartmouth Avenue, San Carlos , said he supported the acquisition of Hassler by the District. He said many citi- zens who worked for annexation also worked for passage of the bond measure to buy Hassler. He said he would be willing to bear the dual tax if it would save Hassler. Craig Shannon, 533 Hosmer Court, San Carlos, asked what procedure the District would follow in considering this matter and if it had the money needed. H. Grench responded that the appropriate procedure, if the Board is interested, would be to direct staff to investigate the pos- sible acquisition , use and management of the site and report back to the Board. Interested people would be informed when the item was on the agenda. H. Turner said the District did have resources from which the money could be raised, but within limits and not necessarily cash. D. Wendin said he felt an important consideration was the potential use and management costs, which could very well exceed the acquisition cost. He suggested that a staff report include alternatives for funding and for use and management of Hassler. He said he was positive regarding District interest in the site, but would want to carefully consider all these questions. H. Grench advised that Helen Atkinson, Public Information Officer from the State Department of Corrections, had asked him to tell the Board that the State had the $2.2 million needed to acquire the property and would be willing to have open space use on the site and to enter into a lease agreement with the City of San Carlos or the District. He said Ms. Atkinson re- quested that the Board not take any action this evening. He added that his impression was that Agnews was no longer being considered as a possible site. H. Grench explained the Board' s policy to proceed with the Master Plan process and with land negotiations and acquisitions despite the fact that revenues from the annexed area would not be received by the District until December, 1977. The District has already purchased land in San Mateo County. The Hassler site also rates fairly well in the District ' s draft Master Plan land evaluation as shown in the composite map. G. Seager commented that he had mentioned the District' s concerns regarding use and management of the site to City Manager Allen of San Carlos, who assured him the City would work with the Meeting 77-2 Page five District in planning for cooperative efforts in such areas as fire protection, police patrol, and management. Bryan R. Baarts , 2934 Eaton Avenue, San Carlos , said he was active in the drive to pass a bond measure to raise funds for Hassler, and he urged the District to give its support. Lennie Roberts, 339 La Cuesta, Portola Valley, said she was a member of the Citizens Committee for Annexation, and that one of the principal reasons for including San Carlos within the annexation boundaries was the location of the Hassler site. Bonnie Hoesly, 3387 Brittan Avenue, San Carlos , said she lived near the Hassler property and wanted to see it remain in open space. Motion: D. Wendin moved that staff be directed to report to the Board at the earliest possible convenience on the possible use and management plans, including potential costs, for the Hassler property and/or various pos- sibilities for funding the acquisition, development and operation of the property, and how the District might participate. H. Turner seconded the motion. The motion passed unanimously. R. Mark said he had received a letter from the County stating that the parking problem near Upper Stevens Creek Park was being studied, and he noted that another sign had been posted stating that regulations would be enforced. He further said that the City of Palo Alto had begun to install split rail fences along its properties , and he wondered if they would now remove the chain link fences still standing. VI. NEW BUSINESS WITH ACTION REQUESTED A. Annual Review of Use and Management Plan for Saratoga Gap Open Space Preserve J. Olson introduced his report (R-77-5) dated January 20 , 1977, regarding the Annual Review of the Use and Management Plan for Saratoga Gap Open Space Preserve , attached to a memorandum from H. Grench (M-77-10) of January 20 , 1977. He explained that as part of the District' s planning process, the use and management plan for each site is reviewed on an annual basis. He recommended that the existing policy recommendations for the site be con- tinued, which include the following: (1) that permits not be required for users; (2) that the environment of natural areas be protected; (3) that the District work with the County of Santa Clara on implementing and managing the Skyline Scenic Recreation Route; (4) that the District work with the Santa Clara County Parks and Recreation Department staff on joint use Meeting 77-2 Page six and management of the general area, including long term leasing of residences on the site, which for the present time will be used for storage, day camp activities , or a month-to-month leas- ing; (5) open Charcoal Road for use as a trail into the Skyline Corridor; (6) replace barbed wire fence with split rail fencing; and (7) construct a trail paralleling Skyline Boulevard with Santa Clara County. He further recommended that the site be known as the Monte Bello Open Space Preserve, Saratoga Gap Area, and that the Board approve the Negative Declaration attached to the report. R. Mark said he felt the trail link was very important and he supported it. He suggested the staff consider limiting traffic that might be generated by use of the buildings . Janet Schwind, 11825 Skyline Boulevard, Los Gatos , said some of the members of the South Skyline Association felt an Environmental Impact Report, rather than a Negative Declaration, should have been prepared because of the proposed trail link. She pointed out that trails attract people, and there was very little parking and no water or sanitary facilities to accommodate them. She said most of the fires in the area occurred near trails. J. Olson replied that most of the problems raised relate to the larger area, not just the trail portion on District land. The Negative Declaration concerns only the trail link proposed on District land, which will in fact serve to channel traffic, rather than increase it. He pointed out that the District was not going to sign the area. K. Duffy said she felt the report should include the staff' s recommendation that no signs be posted. Tony Look, 411 Los Ninos Way, Los Altos , recommended approval of the report. He said the trial link would be excellent for hikers and bicyclists. He pointed out that water was available on the other side of the highway, and the fire station is staffed with people ready to respond to fire calls. He advised that CalTrans planned to build a bicycle path along the highway and may also improve parking at the junction. Dorothy Jennings, 3611 Woodside Road, Woodside, said she was delighted with the trail plans. She questioned the hiking stiles , however, since they hinder equestrians. She hoped the staff would investigate methods of use control whereby motorcycles are discouraged but equestrians are not. J. Olson replied that the District is working with Santa Clara County on a plan for the contiguous County and MRPD sites in that area, and that further recommendations will be forthcoming. Meeting 77-2 Page seven Motion: B. Green moved approval of the Negative Declaration at- tached to the Land Manager' s report (R-77-5) dated January 20 , 1977. G. Seager seconded the motion. The motion passed unanimously. Motion: D. Wendin moved adoption of the recommendations contained in the Land Manager's report (R-77-5) dated January 20, 1977 , including the recommendation that there be no signing of the site. B. Green seconded the motion. Discussion: K. Duffy said she would prefer to delay approval of a name for the site until staff had presented its overall plan for dividing the District into major planning areas. Amendment to Motion: K. Duffy moved to amend the motion to exclude approval of a name for the site. D. Wendin and B. Green agreed to accept the amendment. The motion, as amended, passed unanimously. The Board recessed at 9 :10 P.M. and reconvened at 9 : 30 P .M. VII. SPECIAL ORDERS OF THE DAY A. Swearing in of Director A. Crosley administered the oath of office to Director E . Shelley in accordance with the results of the November 2 , 1976 election. VIII. OLD BUSINESS WITH ACTION REQUESTED A. Report of Goals Workshop Subcommittee K. Duffy presented the Report of the Goals Workshop Subcommittee (M-77-6 , dated January 18, 1977) which was prepared by G. Seager, N. Hanko and herself. She said the Subcommittee felt the most beneficial program would consist of a staff review of the activi- ties of the major objectives of the District, recommendations and discussion. Board and staff discussion would be followed by opportunities for comment by the public. The Subcommittee is further recommending that the Goals Workshop be held on Saturday, February 5, from 9 : 30 A.M. to 3: 30 P.M. at Syntex in Palo Alto. H. Grench said the Goals Workshop would receive a normal amount of publicity, but if the Board members would like to invite specific people, he suggested they submit lists to staff no later than Monday, January 1. Motion: B. Green moved that the Board of Directors adopt the recommendation of the Goals Workshop Subcommittee to hold a Special Meeting on Saturday, February 5 , 1977 for the purpose of conducting a Goals Workshop. G. Seager seconded the motion. The motion passed unani- mously. Meeting 77-2 Page eight B. Update of Permit Standards and Regulations for Use of District Lands H. Grench introduced his memorandum (M-77-11) dated January 21 , 1977 , regarding an Update of Permit Standards and Regulations for Use of District Lands. He explained that since the Board adopted its Regulatory Ordinance and Permit Standards , it subsequently adopted Land Use and Management Policy Refinements clarifying policies on access to sites and permit requirements. The Board has also not required special permits for equestrians as intended in the Ordinance . Because staff is preparing to print a brochure containing the Ordinance , he suggested the Board resolve these minor inconsistencies by amending the Ordinance and the Permit Standards accordingly. D. Wendin suggested the word "keep" in Section 801.2 be deleted. B. Green pointed out that staff would need to correct Section 801.1 to read 801. 2 , the proper number. Motion: G. Seager moved adoption of Ordinance No. 77-1 , an Ordin- ance of the Board of Directors of the Midpeninsula Regional Park District Amending Regulations for Use of Midpeninsula Regional Park District Lands, as amended. H. Turner seconded the motion. The motion passed unani- mously. Motion: D. Wendin moved adoption of Resolution No. 77-4 , a Reso- lution of the Board of Directors of the Midpeninsula Regional Park District Amending System of Permits for the Use of District Lands ( "Permit Standards") . H. Turner seconded the motion. The motion passed unanimously. C. Proposed Changes in Rules of Procedure (a) Budget Subcommittee. D. Wendin introduced a memorandum dated January 15 , 1977 from N. Hanko to the Board of Directors, suggesting a Proposed Amendment to the Rules of Procedure. The memo- randum recommends changing the Rules of Procedure to provide for a three-member Budget Subcommitee rather than the two members, since the size of the Board has expanded from five to seven members. D. Wendin added that the Budget Subcommittee was a standing committee, and all of its meetings are publicly noticed. Motion: H. Turner moved adoption of Resolution No. 77-5 , a Resolution of the Board of Directors of the Midpeninsula Regional Park District Amending Rules of Procedure with Respect to the Number of Directors Appointed to the Budget Subcommittee. E. Shelley seconded the motion. The motion passed unanimously. Meeting 77-2 Page nine (b) Meeting Dates. H. Grench introduced his memorandum (M-77-7) dated Janu- ary 17 , 1977 , regarding Changes in the Rules of Procedure with respect to meeting dates. The District 's Regular Meeting dates are now the second and fourth Wednesdays of each month. If the second Regular Meeting in November is held, it falls on the night before Thanksgiving. Each year staff has received unfavorable comment from members of the public on this circumstance. He suggested the Board consider amending the Rules of Procedure to change the second Regular Meeting date in November to the fourth Tuesday, as an possible date, or as an alternative, keep the official date unchanged until Thanksgiving approaches, and in the meantime schedule Tuesday, November 22 as the tentative meeting date for 1977 . B. Green and E. Shelley said they favored the second al- ternative. Ed Schell, P.O. Box 1345, Los Gatos , said he would prefer a meeting date other than the evening before Thanksgiving. D. Wendin stated the consensus that Tuesday, November 22 , be unofficially set aside as the date of the District' s second meeting in November. D. Appointment of Budget Subcommittee D. Wendin introduced his memorandum (M-77-9) dated January 14 , 1977 , regarding the Appointment of Budget Subcommittee members. He pointed out that one member of the Budget Subcommittee must be the Treasurer, who is N. Hanko, and he suggested the other two members be H. Turner and E. Shelley. With the concurrence of the Board, he appointed N. Hanko, H. Turner and E. Shelley as members of the Budget Subcommittee for 1977. E. Proposed Lease Agreement with Tele-Communications , Inc. E. Jaynes introduced his report (R-77-4) dated January 20 , 1977 , regarding a Proposed Lease Agreement with Tele-Communications , Inc. He explained that 19 .6 acres comprising a portion of the proposed Fremont Older Open Space Preserve Addition are now undergoing eminent domain proceedings. In order that the pro- ceedings not be complicated by the involvement of other parties , he recommended that the Board of Directors indicate its approval of the terms of a lease agreement attached to his report, which matches the existing lease agreement between Tele-Communications , Inc. , which has a cable TV facility on the site, and the present owners. The terms of the lease would not commence until the Dis- trict took title to the property, and the rental income would be $2500 per year for eight years, with an option to extend the term an additional five years at the discretion of the lessee. Meeting 77-2 Page ten R. Mark said he felt it would be inappropriate for the District to enter into a lease without more controls over the term and the structures or activities of the lessee. He said it appeared under the terms of the lease that the District's only recourse against the lessee would be to condemn the lease or appeal to another governmental body. Gordon Jennings, 3611 Woodside Road, Woodside, said he did not feel the District should encourage the extension of the lease. S . Norton explained that it is to the District's advantage at this time to approve the lease. E. Jaynes further explained that this action would assure Tele- Communications, Inc. that their interest is protected. It would not preclude the District from dealing with the lessee at a later date. Motion,: B. Green moved that the Board of Directors approve the lease agreement with Tele-Communications , Inc. for its content and authorize the General Manager to inform the lessee that the District agrees with the terms of the lease. H. Turner seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS D. Wendin asked staff to prepare a letter of sympathy to the family of John T. (Jack) Brook, to be signed by the President on behalf of the Board. A. Master Plan of the MRPD H. Grench said the final computer run of the composite Master Plan map had not yet been completed, but would be shortly. K. Duffy and H. Turner asked whether the line designating the boundary between Santa Clara and San Mateo Counties should be eliminated from the draft Master Plan map. H. Grench said he would look into it and report back to the Board on the possi- bility. B. Regional Park District Joint Conference H. Grench reported that he had met with the general managers of other regional park districts recently to discuss the date and format of the forthcoming regional park district joint confer- ence. It was decided that the Monterey Peninsula Regional Park District would host the conference, which would be held either April 16 and 17 , or April 23 and 24 . A conference would be con- ducted on the first day, and a tour of MPRPD land would be given on the second day. He said each regional park district would Meeting 77-2 Page eleven be responsible for discussing a specific topic; the MRPD would discuss open space management techniques and costs. D. Wendin and B. Green suggested the district responsible for discussing legislation include the topic of property tax reform. D. Wendin suggested the Subcommittee on Reimbursement of Directors Expenses address the question of expenses for the joint conference. C. Motorcycle Race Follow-Up J. Olson advised that the County Sheriff feels the motorcycle race was a violation of a County ordinance, but the District Attorney doesn't believe there is enough evidence to prosecute. The District cannot prove the tree cutting was done by the motor- cyclists, and therefore could not collect damages for that action. The District's legal costs would probably not justify an attempt to be reimbursed for damages from the actual race. He suggested the District could send a letter to the representative of the motorcyclists advising them of our concerns about the racing and enclosing a map showing District boundaries. The District can also install a gate in that area and be better prepared for a similar race next year. B. Green suggested copies of the letter be sent to the County and to the District Attorney. D. Wendin suggested erosion damage could occur because the brush cleared for the race has blocked a pipe which carries run- off water from rains. D. Astronomy Day E. Schell advised the Board that Saturday, February 2 is Astronomy Day, and there will be a number of functions throughout Calif- ornia to acquaint people with the science of astronomy. He also invited Board and staff to a Star Party being held at Henry Coe State Park on February 19 . X. CLAIMS Motion: D. Wendin moved approval of the revised claims (C-77-2) dated January 26 , 1977. B. Green seconded the motion. The motion passed unanimously. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :27 P.M. to discuss land negotiations. Meeting 77-2 Page twelve XII. ADJOURNMENT The Board reconvened to adjourn at 11 :59 P.M. Anne Cathcart Crosley District Clerk