HomeMy Public PortalAbout19770413 - Minutes - Board of Directors (BOD) Meeting 77-11
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
April 13, 1977 745 Distel Drive
Los Altos, CA
I. ROLL CALL
The meeting was called to order by President Wendin at 7 :31 P.M.
Members Present: Katherine Duffy, Barbara Green, Nonette Hanko,
Edward Shelley, Harry Turner and Daniel Wendin. Richard Bishop
was appointed to fill the vacancy in Ward 7 at 11: 38 P.M.
Personnel Present: Herbert Grench, Edward Jaynes, Jon Olson,
Anne Crosley, Carroll Harrington, Del Woods, Bradley Clifford,
Jennie George, Phyllis Lee, Judith Frosch, Stanley Norton and
John Melton.
APPROVAL OF MINUTES
A. Minutes of March 30, 1977
D. Wendin asked that the second sentence on page eleven of the
minutes of March 30 , 1977 read as follows: "He said the total
cost for the trip would exceed $800. "
B. Green suggested that the word "retired" be deleted from line
three of the paragraph under Special orders of the Day on page
one of the minutes.
D. Wendin stated the consensus that the minutes of March 30 ,
1977 be approved with the above changes.
B. Minutes of April 1, 1977
D. Wendin stated the consensus that the minutes of April 1, 1977
be approved as presented.
WRITTEN COMMUNICATIONS
A. Crosley referred the Board to two Written Communications :
(1) a letter dated March 31, 1977 from Mr. and Mrs. Douglas T.
Cheeseman asking the District to consider accepting responsi-
bility for Voss Pond and 2. 2 surrounding acres in Cupertino,
and (2) an invitation dated April 1, 1977 from Clifton W. Heller,
Meeting 77-11 Page two
Chairman of Huron-Clinton Metroparks, to attend a special park
districts forum in Detroit from July 22-24.
IV. ADOPTION OF AGENDA
H. Grench suggested the Board consider agenda item No. 3, Plan
to Borrow Money to Finance Land Acquisition, prior to agenda
items on proposed land acquisitions.
D. Wendin said an Informational Report on the Status of Struc-
tures on the Fremont Older Open Space Preserve would be given
later in the meeting.
D. Wendin stated the consensus that the agenda be adopted with
the above changes.
V. ORAL COMMUNICATIONS
Nancy Hertert, 22830 San Juan Road, Cupertino, asked the Board
to accept responsibility for Voss Pond and 2. 2 surrounding acres
located on the western edge of Cupertino at the end of Voss
Avenue. She said the developer who owned the site was offering
it free, but so far no jurisdiction has been willing to take
it. She said a number of school districts wanted the site
preserved as a nature study area, and the Youth Science Insti-
tute was interested in participating in the preservation and
management of the site. She added that the site was next to
a housing development and if the developer is unable to give
the property away, Voss Pond could be bulldozed away. She said
the site could be used as access to foothills hiking trails.
After presenting slides of the Voss Pond area, Ms. Hertert
advised that the City of Cupertino was recommending that the
District consider the site.
N. Hertert introduced Aletha M. Powers, Director of the Youth
Science Institute.
D. Wendin stated the consensus that the Board direct staff to
investigate alternative means of preserving Voss Pond and
its surrounding area in cooperation with other jurisdictions.
11. Hertert added that a decision on the site should be made
within two months.
VI. NEW BUSINESS WITH ACTION REQUESTED
A. Plan to Borrow Money to Finance Land Acquisition
J. Melton said he and the General Manager had continued their
efforts to explore possibilities for long-term financing for
District acquisitions, as well as investigating possibilities
for interim financing for acquisitions being considered by the
Meeting 77-11 Page three
District this evening. He said he had received informal word
from Union Bank expressing their probable interest in lending
the District $1. 6 million towards the purchase of the Burns,
Eldridge and Nellis properties at Union Bank' s prime rate of
interest. J. Melton advised that the District currently had
enough cash to purchase two of the three sites. He said he
believed the District would be able to arrange the interim
financing with Union Bank, although perhaps not at the most
favorable rates, and added that he and the General Manager
were continuing to work on longer term financing at a better
rate.
H. Grench said he felt the Board could make decisions on all
three properties, but that he would recommend one of acquisi-
tions be contingent on the District' s ability to arrange
financing.
B. Proposed Additions to Monte Bello Open Space Preserve
J. Olson referred to the General Manager's report (R-77-20)
dated April 7, 1977, regarding a Proposed Addition to the
Monte Bello Open Space Preserve (Burns and Eldridge Properties) .
He said the District had an opportunity to purchase two con-
tiguous parcels of land totalling about 760 acres in the upper
Stevens Creek watershed along Page Mill Road, next to the
District' s Monte Bello Open Space Preserve. He said the land
offers an outstanding recreational potential and presents a
spectacular natural landscape. It can be reached easily from
the urbanized area via major highways , and provides an oppor-
tunity for maintaining a 4,500-acre recreational corridor
extending from Saratoga Gap to Palo Alto Foothills Park. The
site could also be important in preserving a wildlife habitat
for the endangered California mountain lion. J. Olson said
the most prominent feature on the property was 2,675 foot high
Monte Bello Ridge, and the headwaters of Stevens Creek are
located on the site. Three other creeks originating on the
property flow into Adobe Creek. Vegetation and wildlife is
varied and abundant. Structures on the site are in very poor
condition, and there is a water storage tank on an inholding
belonging to the City of Palo Alto. There are a number of
unsurfaced roads and trails on the property.
J. Olson said that acquisition of the property for open space is
in conformity with the Santa Clara County General Plan and the
City of Palo Alto General Plan. It also scores very high on
the District' s draft Master Plan in categories such as protec-
tion of wildlife, natural vegetation and agriculture; wilder-
ness experience; low intensity recreation; and view from scenic
roads and highways. He said the site had excellent trails poten-
tial, and the District' s docent program could be expanded or
moved to the site. The proposed acquisition would also be able
to provide parking facilities to accommodate large numbers of
visitors. He recommended that interim use and management
of the site include opening of the property to hikers and
Meeting 77-11 Page four
equestrians, with the exception that portions of the site con-
taining safety hazards be closed until such hazards are removed;
that the range be studied for the development of a grazing plan;
that perimeter fencing be installed along Skyline Boulevard and
Page Mill Road; and that arrangements be made for a resident
caretaker if appropriate. He further estimated that the cost
of removing safety hazards and installing fencing would be about
$33,000 .
The Board recessed at 8 :18 P.M. and reconvened at 8 :28 P.M.
E. Jaynes stated that the option agreement for the 610-acre
parcel contained a provision that the land be delivered to the
District without tenants. The provision is based upon the Sel-
ler' s contention that there are no legal residents on the site,
he said.
H. Grench said that the cost of the 610 acre Burns property
would be $2. 1 million, with a $537,000 down payment and
$160,000 per year at 6% interest for ten years. He said the
150 acre Eldridge parcel would be purchased for $562,500 cash.
H. Grench referred the Board to a new Section Four in the reso-
lution regarding the Burns property, which states that the Dis-
trict would accept the offer with the understanding that a
policy of title insurance would be issued covering the District
against any title defects on the property, including Santa
Clara County Superior Court Cases No. P26800 and 282965.
H. Grench referred the Board to a new sentence to be inserted
after the first sentence in Section Three of the resolution
relating to the Eldridge property, which reads as follows :
"Such acceptance shall be subject to arrangement of financing. "
The Eldridge contract would also have the new Section Five which
the Board had relating to pending litigation on the property.
H. Grench recommended approval of the two resolutions as amended.
He added that Section Five of the Eldridge contract had not
been thoroughly reviewed by attorneys, so that staff might
return to the Board for approval of minor changes. He said
a Special Meeting could be called .for this purpose or for dis-
cussion of financing if necessary.
B. Green suggested that the word "and" in the second line of
Section 3 of page one in the Burns agreement be deleted.
H. Hanko said the word "by" should be changed to read "be" in
the seventh line of Section 3C on page two of the Burns agree-
ment. D. Wendin stated the consensus that these changes be
made.
In response to questions from the Board, attorney Jack Tallett
explained that the agreement with Eldridge includes an attempt
to reserve Eldridge's rights in litigation, so that if a court
Meeting 77-11 Page five
determines ownership in his favor, the District may be obli-
gated to reconvey title to him.
D. Wendin said an oral communication had been received from
Lois Hogle in favor of the acquisition. K. Duffy said she had
received a telephone call from Artemis Ginzton in support of
the acquisition.
Mark Sneider, 32100 Page Mill Road, Los Altos Hills, said he
was one of about fifty members of a community which had been
living on a portion of the proposed acquisition since 1969 .
He said some of them have made their homes there in an attempt
to find a different, non-polluting way of life. He said he
felt the goal of the District to preserve land was good, and
he hoped the Board would purchase the Eldridge property. How-
ever, he cautioned that the Burns property has many problems
associated with it. He said he was involved in a lawsuit with
Mrs. Burns to prove her title to the property is void. He
said it concerned him that the District may end up with title
that was not good. He said he would like to see both Burns '
and Eldridge's rights protected. He pointed out that the
members of his community were in possesion of the property
and had been living there for nine years. He wished the Dis-
trict good luck.
Robyn Wesley, 32100 Page Mill Road, Los Altos Hills, said she
was enthusiastic about the District' s involvement, but she
hoped the Board would understand that she and others live on
the property. She also hoped both Burns ' and Eldridge's
rights would be protected.
Daniel C. Steinhagen, 32100 Page Mill Road, Los Altos Hills,
said he had lived in the community for four years and was
glad the District was interested in the site, since he did
not want to see it developed. He said he hoped everyone' s
interests would be protected.
Robert Mark, 725 Cowper, Palo Alto, said he supported the
acquisition.
In response to a question from a member of the audience, M.
Schneider said he was only aware of one person who had sug-
gested the community members would leave the property if it
were to be acquired by the District.
Chilton Lee, attorney for Mrs. Burns, said he was not here to
speak about the controversy over title to the property. As
her representative, he said Mrs. Burns was happy that the Dis-
trict was interested in the property, since she had lived
there for twenty years and appreciated its beauty and open
Meeting 77-11 Page six
a in i
space. He said Mrs. Burns would like to clarifyth t s to
P P
of her desire to see the land preserved, she is entering into
this agreement under the threat of condemnation, and does not
want to become involved in lengthy proceedings "like the Per-
hams. "
D. Wendin stated the Board's position that it would neither
confirm nor deny the validity of the statement.
Motion: N. Hanko moved that the President of the Board be given
authority to call a Special Meeting in the event
financing for District acquisitions is arranged or if
for another reason a Special Meeting is deemed necessary.
H. Turner seconded the motion. The motion passed unan-
imously.
Motion: N. Hanko moved adoption of Resolution No. 77-16 , a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Agreement to Purchase Real Property, Authorizing Officer
to Execute Certificate of Acceptance of Grant to Dis-
trict, and Authorizing General Manager to Execute Any
and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Monte Bello Open Space Pre-
serve Addition - Burns Property) , as revised. D.
Wendin seconded the motion. The motion passed unani-
mously.
Motion: N. Hanko moved adoption of Resolution No. 77-17, a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Exercise of
Option to Purchase Real Property, Authorizing Officer
to Execute Certificate of Acceptance of Grant to Dis-
trict, and Authorizing General Manager to Execute Any
and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Monte Bello Open Space Pre-
serve Addition - Eldridge Property) , as revised. E.
Shelley seconded the motion. The motion passed unani-
mously.
N. Hanko said she had always hoped that this property might be-
come public. She thanked the members of the community for
caring for the land.
Motion: K. Duffy moved adoption of the interim use and manage-
ment recommendations and adoption of the unofficial
name of Monte Bello Open Space Preserve, Page Mill Road
Area, as set forth in the General Manager's report
(R-77-20) dated April 7, 1977. B. Green seconded the
motion. The motion passed unanimously.
Meeting 77-11 Page seven
R. Mark said he hoped the entire area will be open to hikers and
equestrians soon.
The Board recessed at 9 :20 P.M. and reconvened at 9 : 31 P.M.
C. Proposed Addition to Fremont Older Open Space Preserve
H. Grench introduced his report (R-77-21) dated April 5, 1977,
regarding a Proposed Addition to the Fremont Older Open Space Pre-
serve. He said the District had an opportunity to purchase 63
acres of land adjacent to the existing Preserve for $500,000. He
said the price was more expensive than he would like; however,
the parcel is a very important one in that it links Unit I and
Unit II of the Preserve and contains a significant ridgetop.
J. Olson explained that the addition would create a 619 . 5 acre
contiguous Preserve, and would afford hiking and equestrian access
from the Preserve to Stevens Creek County Park and to the Dis-
trict's Picchetti property via a 3 mile trail. He said the major
north-south trending ridge offers exceptional views in all
directions, and that the site contains grassland, orchard, and
chaparral areas. He said there were no structures on the site,
but an unsurfaced road running the length of the ridge is used
by hikers and equestrians. He added that the proposed acquisition
is in conformity with the General Plan of Santa Clara County.
J. Olson said the interim use and management plans for this site
would include construction of a woodrail fence along the northern
border, designation of the unsurfaced road as a trail route, and
removal of an abandoned car.
H. Grench stated that the City of Cupertino had determined the
acquisition of the site by the District to be in conformity with
their General Plan. He recommended that the Board adopt the
resolution accepting the agreement to purchase the property,
adopt the unofficial name of Fremont Older Open Space Preserve,
and adopt the interim use and management recommendations in the
report. He pointed out that the agreement proposed for adoption
is modified from that originally signed by the Nellises and sent
to the Board.
S. Norton said the word " (three) " should be inserted in the
agreement in section six, paragraph two, line four.
D. Wendin said the District had received a message from a Mrs.
Bell in opposition to the acquisition because of its price.
D. Wendin said he wished to thank the Nellises for their coop-
eration in the negotiations for this parcel.
Motion: K. Duffy moved adoption of Resolution No. 77-18, a
Resolution of the Board of Directors of the Midpeninsula
Regional open Space District Authorizing Acceptance of
Agreement to Purchase Real Property, Authorizing Officer
to Execute Certificate of Acceptance of Grant to District,
Meeting 77-11 Page eight
and Authorizing General Manager to Execute Any and
All Other Documents Necessary or Appropriate to
Closing of the Transaction (Fremont Older Open Space
Preserve Addition - Nellis Property) , as revised. D.
Wendin seconded the motion. The motion passed unan-
imously.
Motion: H. Turner moved adoption of the interim use and
management recommendations contained in the General
Manager's report (R-77-21) dated April 5, 1977, and
adoption of the unofficial name of Fremont Older Open
Space Preserve for the site. B. Green seconded the
motion. The motion passed unanimously.
D. State Urban and Coastal Park Bond Act of 1976 - Grant
Application for Additions to Monte Bello Open Space
Preserve
H. Grench introduced his report (R-77-19) dated April 6, 1977,
regarding the State Urban and Coastal Park Bond Act of 1976 -
Grant Application for Additions to Monte Bello Open Space
Preserve. He said the District's share of funds allocated
to Santa Clara County under the Act would be about $792,694 ,
which was consistent with the priority plan for distribution
of the funds adopted by the Board on January 12, 1977. He
recommended that the Board adopt a resolution approving the
application for the District's share of the funds. The project
set forth in the application includes the acquisition of
suitable lands as additions to the Monte Bello Open Space
Preserve, Black Mountain Area. Such lands contain the head-
waters of the Los Trancos and Stevens Creeks, and would help
form a continous open space belt. Vegetation and wildlife
in the area is diverse and could be important in preserving
the habitat of the California mountain lion.
Motion: K. Duffy moved adoption of Resolution No. 77-19 , a
Resolution of the Board of Directors of the Midpen-
insula Regional Open Space District Approving the
Application for 1976 State Grant Moneys (Monte Bello
Open Space Preserve Acquisition Project) . B. Green
seconded the motion. The motion passed unanimously.
VII. INFORMATIONAL REPORTS
D. Wendin said that Mr. and Mrs. Daniel Condron recently became
the parents of a baby boy named Matthew.
H. Grench said he had delivered the resolution signed by the
Board in appreciation of George Seager to his widow, Ruby
Seager. He added that Mrs . Seager thanked the Board and
appeared to be doing all right.
Meeting 77-11 Page ten
C. Status of Office Space Requirements
H. Grench said staff had been unable to make adequate arrange-
ments for office space at the District's present location,
so alternatives were being considered, taking into account the
District' s long term needs. He said staff would be investi-
gating possible locations within 2 to 3 miles of this office,
close to a major transportation route, probably El Camino.
VIII. OLD BUSINESS WITH NO ACTION REQUESTED
A. Review of Planning Process
J. Olson introduced his report R-77-16) dated March 24, 1977,
regarding a Proposed Revision of the Land Management Planning
Process. He explained that areas needing revision in the
current planning process include (1) a shift from site specific
planning to broader area planning; (2) streamlining of the
report-writing phase; (3) clarification of California Environ-
mental Quality Act requirements; and (4) implementation of a
system to record accumulated site information. He said the
District would be divided into approximately ten planning
areas, which would reflect such logical divisions such as
watersheds, proximity of District lands to each other, and
other environmental considerations. Use and management plan
emphasis would be on physical improvements rather than policy,
and distinctions would be made between long term and immediate
projects. He further recommended that only those projects
expected to cost over $3500 be itemized in the plans, and the
review period should be lengthened from one year to once every
two years. Reviews would be based on planning areas rather
than specific sites.
D. Wendin stated the consensus that a Special Meeting date for
Board/staff discussion of the proposed planning process revi-
sions be determined later in the meeting.
IX. CLAIMS
Motion: D. Wendin moved approval of the revised claims (C-77-8)
dated April 13, 1977 as presented. B. Green seconded
the motion. The motion passed unanimously.
X. OLD BUSINESS WITH ACTION REQUESTED
A. Procedure for Appointment of Director to Fill Vacancy
H. Grench stated that the Board of Directors had four candidates
for the Board vacancy created by the recent death of George
Seager, who represented Ward 7.
Meeting 77-11 Page eleven
A. Crosley said the four applicants were Richard S. Bishop,
Wim de Wit, Dorothy Jennings and Gordon Jennings, all of whom
are residents of Ward 7 and qualified electors.
D. Wendin pointed out that Wim de Wit's application had been
submitted by Robert Black, which might present a procedural
problem.
Robert Black, 585 Dartmouth Avenue, San Carlos, said Mr. de Wit
had been out of the country during the application period, but
had indicated to his son in a telephone call that he would
appreciate being considered for the vacancy. He added that Mr.
de Wit was expected to return on April 18.
Geri Albers, 925 Arbor Road, Menlo Park, asked if each candidate
would be asked the same set of questions. N. Hanko replied
that each Board member generally tended to ask the same ques-
tions.
S. Norton advised that the Board decision must be made in public
session. D. Wendin added that no discussions are held in the
private interview sessions, which the Board feels to be fairer
to candidates than public sessions.
D. Wendin stated the consensus that the application of Wim de
Wit would be considered based on the application he submitted
in July, 1976 when Ward 7 was first established.
It was determined by a lot drawn by E. Shelley that the candi-
dates would be interviewed inthe following order: R. Bishop,
D. Jennings and G. Jennings.
XI. EXECUTIVE SESSION
The Board recessed at 10 :27 P.M. to hold interviews of candidates
for the Director vacancy for Ward 7. The Board reconvened at
11:25 P.M.
XII. OLD BUSINESS WITH ACTION REQUESTED (continued)
B. Appointment of Director to Fill Board Vacancy
D. Wendin nominated R. Bishop, W. de Wit, D. Jennings and G. Jen-
nings as candidates for the Ward 7 Board vacancy.
R. Bishop received votes from H. Turner, B. Green, N. Hanko and
E. Shelley; D. Jennings received a vote from K. Duffy; G. Jennings
received a vote from D. Wendin.
A. Crosley gave Richard S. Bishop the oath of office, thereby
formally appointing him as Director from Ward 7 of the District.
He was seated at that time.
Meeting 77-11 Page twelve
A. Review of Planning Process (continued)
D. Wendin stated the consensus that a Special Meeting be
held at 7 :30 A.M., on Tuesday, May 10, for the purpose of
discussing the proposed revisions to the District' s plan-
ning process.
XIII. EXECUTIVE SESSION
The Board recessed to Executive Session at 11:40 P.M. to dis-
cuss land negotiations.
XIV. ADJOURNMENT
The Board reconvened to adjourn at 12: 20 A.M.
Anne Cathcart Crosley
District Clerk
j
A. Minutes of Aril 13, 1977
Dorothy Jennings, 3611 Woodside Road, Woodside, said she would
./' like to have the dialogue and voting order included on page
eleven of the minutes of April 13. D. Wendin and R. Bishop
stated that District minutes were only summary in nature and
were not expected to include all comments made at a meeting.
D. Wendin stated that the minutes of April 13 , 1977 be approved
as presented.
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