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