HomeMy Public PortalAbout19770427 - Minutes - Board of Directors (BOD) Meeting 77-12
MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
April 27, 1977 745 Distel Drive
Los Altos, CA
I . ROLL CALL
The meeting was called to order by President Wendin at 7 : 33 P.M.
Members Present: Richard Bishop, Katherine Duffy, Barbara Green,
Nonette Hanko, Edward Shelley, Harry Turner and Daniel Wendin.
Personnel Present: Herbert Grench, Jon Olson, Anne Crosley,
Carroll Harrington, Stanley Norton, John Melton, Bradley Clifford,
Phyllis Lee and Rose Hartman.
II . APPROVAL OF MINUTES
Minutes of April 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.
III . SPECIAL ORDERS OF THE DAY
H. Grench introduced Rose Hartman as the new Assistant Secretary
of the District. He stated that a new Job Description for the
position would be presented in the near future to reflect that the
primary responsibility of this person will be to provide assist-
ance to the land acquisition program.
IV. WRITTEN COMMUNICATIONS
A. Crosley said the Board had received the following Written Com-
munications: (a) a letter dated April 19 , 1977 from Ruby Seager,
thanking the Board for the resolution, flowers and letters sent
to her; (b) a letter dated April 13 , 1977 from the Cupertino
Union School District, expressing their support of people and
Meeting 77-12 Page two
organizations trying to preserve Voss Pond; (c) a letter dated
April 8, 1977 from the City of Menlo Park, asking the District
to consider joint acquisition of "The Hill" ; (d) a letter dated
April 25, 1977 from the California Historical Society, urging
the Board to explore alternatives to the demolition of the Fre-
mont Older home; and (e) a letter dated April 25, 1977 , from
Richard Childress, enclosing a petition to form a special
assessment district for Regnart Road, and suggesting a fair
share for the District as a potential member.
D. Wendin said he would like to consider the letter from R.
Childress later under Informational Reports.
B. Green advised that the County of San Mateo had declined to
take action on joint acquisition of "The Hill. "
V. ORAL COMMUNICATIONS
Gordon Jennings, 3611 Woodside Road, Woodside, welcomed R.
Bishop as the new Director from Ward 7. He thanked D. Wendin
and K. Duffy for voting for him and his wife. He pointed out
that people who may be classified as "Board-watchers" feel
a responsibility to give support when appropriate and to criti-
cize when appropriate. He said he saw no reason why the inter-
views for the Director position needed to be held in Executive
Session, since an intelligent person can provide the expected
answers or choose to criticize. He said he had overheard an
incumbent Director remark that only someone who would rubber-
stamp the Board would be selected, which disturbed him since
he felt it discouraged Board watchers and young people from
applying for Director vacancies, and it was a poor attitude.
He suggested the Board re-think its policy of holding interviews
in Executive Session. He emphasized that the decision they made
was not bad, but the process was.
VI. NEW BUSINESS WITH ACTION REQUESTED
A. Use and Management Plan and Initial Study for El Sereno Open
Space Preserve
J. Olson introduced his report (R-77-22) dated April 22, 1977
regarding the Use and Management Plan and Initial Study for the
El Sereno Open Space Preserve. He said the Preserve consisted
of two parcels, one 986 acres and the other 16 acres, located in
the mountains above Saratoga, Monte Sereno and Los Gatos. The
site is also adjacent to San Jose Water Works watershed lands.
Chaparral dominates the property, and there are steep slopes,
wooded canyons and a meadow on the site. He suggested the fol-
lowing use and management recommendations be approved for the
Preserve: (a) the site should be open with no permits; (b)
stargazing activities should be allowed to continue, depending
upon its effect on District liability premiums; (c) parking for
Meeting 77-12 Page three
eight to to cars near Montevina Road entrance should be pro-
vided; (d) those areas designated as "Natural Areas" should be
left undisturbed; (e) a trail system using existing roads and
trails should be provided; (f) appropriate signs should be in-
stalled identifying the Preserve; (g) a site information sheet
with a map and description of the Preserve should be developed;
(h) and approximately $8,500 should be expended to implement
the construction and improvements set forth in the plan.
J. Olson said the possibility of a loop trail would probably
be explored in the next review of the plan.
Motion: D. Wendin moved approval of the Negative Declaration
for the Use and Management Plan for El Sereno Open
Space Preserve. R. Bishop seconded the motion. The
motion passed unanimously.
Discussion: Arthur Ogilvie, El Camino Trust for
Historic Preservation, said he felt the District
should submit the plan to all interested agencies,
including Cupertino and Santa Clara County, and
provide thirty days for public review. S . Norton
said in his opinion the Board had complied with
CEQA requirements. A. Crosley stated that notice
had been posted in the District office; appropriate
planning departments had been consulted, and notice
had been mailed to the press and interested citizens.
D. Wendin stated the consensus that this item be tabled until
after consideration of the next agenda item.
B. Adoption of Revised Guidelines and Procedures for Evalua-
tion of Environmental Impact of Projects and the Prepara-
tion of Environmental Impact Reports
S. Norton introduced his report (R-77-25) dated April 22 , 1977
regarding the Adoption of Revised Guidelines and Procedures for
Evaluation of Environmental Impact Reports. He said the proposed
tion of Environmental Impact Reports. He said the proposed
revisions were prepared to comply with recent amendments to
the California Environmental Quality Act. He noted the major
changes included reduction of EIR informational requirements;
the requirement of an Initial Study for projects; and additions
to the list of Categorical Exemptions.
N. Hanko said there appeared to be no explanation of Sections
15081 and 15082 in the revised guidelines, and she suggested
Appendix A be entitled "Categorical Exemptions . "
A. Crosley said Class 17 had been inadvertently omitted from
Appendix A, and should be included. Class 17 consists of the
establishment of agricultural preserves, the making and renewing
Meeting 77-12 Page four
of open space contracts under the Williamson Act, or the accept-
ance of easements or fee interests in order to maintain the open
space character of the area. The cancellation of such preserves,
contracts, interests, or easements is not included.
N. Hanko said she felt paragraph C (2) on page five of the Guide-
lines was too permissive.
Robert Mark, 725 Cowper, Palo Alto, suggested that D (l) on page
five of the Guidelines include giving notice to members of the
public.
D. Wendin stated the consensus that the words "and persons" be
included in paragraph D (l) of page five of the Guidelines.
In response to a question from N. Hanko, S. Norton said he
interpreted "activity" in paragraph (c) on page four of the
Guidelines to mean activities following acquisition of land.
D. Wendin stated the consensus that this agenda item be continued
until the next meeting and that Board members submit comments
to staff before the next mailing.
Motion: N. Hanko moved to rescind the action of the Board to
approve the Negative Declaration for the Use and
Management Plan and Initial Study for El Sereno Open
Space Preserve. D. Wendin seconded the motion.
Discussion: J. Olson said he wished to clarify that
property owners adjacent to the Preserve had been
personally contacted regarding the Use and Management
Plan in lieu of being sent notices. K. Duffy suggested
that staff list contacts made in reports. H. Turner
said it was his opinion that the District had complied
with the Guidelines in spirit, if not technically.
The motion passed unanimously.
C. Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Adopting Interim Master Plan
of Midpeninsula Regional Open Space District
H. Grench introduced his memorandum (M-77-51) dated April 20,
1977 , regarding proposed adoption of a Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District
Adopting Interim Master Plan of Midpeninsula Regional open
Space District. He said the District' s present interim Master
Plan consists of the draft Master Plan for the Santa Clara
County portion of the District, and the Conservation and Open
Space Element of the San Mateo County General Plan, which was
adopted on August 25, 1976. Since that time, a new draft
Master Plan covering both counties has been prepared. So the
Board and staff have a guide to land acquisition activities
and a document to refer to for grant applications, he recom-
mended adoption of the draft Master Plan as the new interim
Master Plan of the District.
Meeting 77-12 Page five
Motion: H. Turner moved adoption of Resolution No. 77-20, a
Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Adopting Interim
Master Plan of Midpeninsula Regional Open Space Dis-
trict. N. Hanko seconded the motion.
Discussion: H. Grench said he hoped to schedule one or
more Public Hearings on the matter in June after distri-
bution and presentation of the draft Master Plan
to the public and other agencies. The motion passed
unanimously.
VII. OLD BUSINESS WITH NO ACTION REQUESTED
A. Status of Structures on Fremont older Open Space Preserve
H. Grench introduced his report (R-77-24) dated April 22, 1977
regarding the Status of Structures on Fremont Older Open Space
Preserve. He pointed out that the District had purchased his-
toric property and spent approximately 17% of the land manage-
ment budget for historic preservation purposes.
A. Ogilvie presented his alternatives for the Fremont Older
Open Space Preserve ranchhouse, which included (a) preserving
the entire ranchhouse with potential matching funds; (b) sell-
ing the house to a contractor who would re-erect it on another
site; (c) giving the house to a house moving company which
would cut it into sections and move it; (d) board up the ranch-
house and restore it as a museum and library; (e) restore
a portion of the ranchhouse as a ranger' s home; (f) sell the
property to a person who would restore the ranchhouse; (g)
utilize the California Conservation Corp to clean the grounds
and restore the ranchhouse, which could be used as living
quarters; (h) work with a youth hostel association which could
care for the ranchhouse and possibly operate a museum.
J. Olson advised that the District had received a letter from
the County Fire Marshal giving the District fifteen days to
repair or remove the ranchhouse, which the Marshal had found
to be a fire hazard.
D. Wendin said the District had received no offers to buy
or take the ranchhouse. J. Olson said the District would con-
sider a reasonable offer, but none had been made to his
knowledge.
J. Olson also pointed out that the Fremont Older ranchhouse
had been assigned a zero value in the appraisal prepared for
the District for that site.
In response to suggestions from A. Ogilvie, J. Olson said
there were many problems involved in trying to utilize the
California Conservation Corp, since they had numerous
Meeting 77-12 Page six
standards for housing which the District could not meet, and
they did not supply skilled carpenters, electricians, and other
people needed for proper renovation of the ranchhouse.
In response to a question from N. Hanko, A. Ogilvie advised
that public agencies tend to receive about 75% of the grant
funds available for historic preservation.
Mort Levine, Publisher and President of Suburban Newspaper
Publications, Inc. , 10950 North Blaney Avenue, Cupertino, said
he was interested in leasing the Fremont older ranchhouse for
a period of twenty-five years for a nominal fee, and he would
undertake to restore and renovate the house to use as a private
residence during the lease term. At the end of the lease term,
the ranchhouse would then revert to the District' s care. He
said all costs of renovation would be at his expense.
The Board recessed at 10: 15 P.M. and reconvened at 10: 35 P.M.
D. Wendin suggested that M. Levine' s proposal be investigated
by the Board, and that no demolition occur until the proposal
has been considered; that appropriate steps be taken, including
a response to the Fire Marshal' s report; and that a Subcommittee
consisting of K. Duffy and D. Wendin work out a possible lease
arrangement to be made public so others can make proposals.
In response to a question from N. Hanko, J. Olson said the Fire
Marshal' s requirements probably include brush clearing and
installation of a fence, but that he would check.
S. Norton said a fence was necessary to protect the District
from liability, and to protect the house for a potential lessee.
M. Levine said he thought a temporary fence would probably be
a necessity during the rebuilding period, but not after the
residence is occupied.
G. Jennings suggested that a performance schedule and perhaps
some guarantees should be offered by a potential lessee.
Motion: N. Hanko moved to rescind the Board' s previous action
and that staff take whatever action is necessary to
protect the house.
Discussion: D. Wendin suggested the motion read
"defer" rather than "rescind. " N. Hanko agreed to
make that change in the motion. B. Green seconded
the motion. S. Norton asked the Board to continue
the matter rather than defer it, since the question
of compliance with CEQA would not be re-opened.
Motion to Amend: D. Wendin moved to amend the motion
to substitute the word "continue" for "defer. " E.
Meeting 77-12 Page seven
Shelley seconded the motion to amend.
Discussion: D. Wendin withdrew his motion to amend.
N. Hanko withdrew her motion, and B. Green withdrew
her second.
Motion: N. Hanko moved that staff be directed to take what-
ever action is necessary to protect the Fremont Older
ranchhouse.
Motion to Amend: H. Turner moved to amend the motion
to add "to comply with requirements of the County
Fire Marshal. " D. Wendin seconded the motion to amend.
Discussion: J. Olson said the staff might have to
spend up to $3, 000 for boarding, fencing and removal
of brush, but he felt it could be found in the budget.
S. Norton suggested the motion be further amended to
include the words "for the next few months. " H. Turner
and D. Wendin agreed to add those words to their motion
to amend.
Motion: N. Hanko moved that staff take whatever action is neces-
sary to protect the Fremont Older ranchhouse, and to
comply with the Fire Marshal ' s requirements for the
next few months. D. Wendin seconded the motion.
Discussion: In response to a question from Geri Albers,
D. Wendin said the details of a lease arrangement would
be worked out.
Motion: D. Wendin moved that K. Duffy and D. Wendin be appointed
as a Subcommittee to work with Morton Levine to prepare
a statement of his proposal, which would be made public,
and the District would invite competing bids on the
proposal. N. Hanko seconded the motion.
Discussion: In response to a question from H. Turner,
S. Norton said no election is required if the lease
term does not exceed twenty five years, and the Board
was not compelled to accept any bids. The motion passed
unanimously.
Motion: R. Bishop moved that agenda item No. 4 regarding the
Status of Structures on the Fremont Older Open Space
Preserve be continued until the next regular Board
meeting. B. Green seconded the motion. The motion
passed unanimously.
VIII. OLD BUSINESS WITH ACTION REQUESTED
A. Intergovernmental Parks Project
H. Grench introduced his memorandum (M-77-52) dated April 20,
1977 regarding the Proposed Intergovernmental Parks Project
among the District, the County of Santa Clara, and the City
of Sunnyvale. He said that the City of Sunnyvale had recently
Meeting 77-12 Page eight
indicated a willingness to accept an offer of $366, 000 from the
County for the purchase of Sunnyvale Mountain Park. Since the
District has expressed its willingness to match a reasonable
figure, he recommended that the District approve a revised
agreement between the District and the County using the $366, 000
figure as the District' s contribution toward purchase of the
Archdiocese property near Permanente Creek Preserve. He read
two additional changes in the agreement on access and on exploring
a joint use, management and maintenance plan for the area. He
said the District would be getting $366, 000 in land.
Motion: B. Green moved that the Board authorize the President
to sign the revised agreement regarding the inter-
governmental parks project as presented by the General
Manager in memorandum M-77-52, dated April 20, 1977,
and as amended. D. Wendin seconded the motion.
Discussion: B. Green said she was very pleased with
this action, since a joint project has been considered
for a year and a half. In response to a question from
G. Jennings, S. Norton said the wording of the agree-
ment is intentionally vague, and many details will have
to be negotiated. R. Mark and G. Jennings expressed
their desire to see general public access in the area.
The motion passed unanimously.
B. Authorization to Go to Bid and Disburse Funds to Establish
.Ranger Office at Permanente Creek Park
J. Olson introduced his memorandum (M-77-53) dated April 22,
1977 regarding Authorization to go to Bid and Disburse Funds
to Establish Ranger Office at Permanente Creek Preserve. He
explained that the current cost projection for establishing
appropriate ranger headquarters is between $12, 500 and $15, 000.
He said he felt this location was the most centrally located
in the District, with excellent access to Interstate 280 , and
the site is also close to the main office. He added that the
garage can store up to six vehicles , and the yard is suitable
for storing equipment. In response to a question from K.
Duffy, he said the ranger and main offices could only be com-
bined if public access were not an important consideration.
He recommended that the Board authorize going to bid for the
work needed to establish a ranger office and entering into a
contract based on bids received.
H. Grench further recommended that the Board authorize the
transfer of the necessary funds from Operating Maintenance and
Repair to Structures and Improvements at an appropriate time,
as stated in his memorandum (M-77-54) dated April 22, 1977 .
Motion: D. Wendin moved that staff be authorized to go to bid
for work needed to establish a ranger office and to
Meeting 77-12 Page nine
enter into a contract based on bids received, and
that a transfer of the necessary funds from Operating
Maintenance and Repair to Structures and Improvements
be made at the appropriate time. K. Duffy seconded
the motion.
Amendment to Motion: D. Wendin stated he would amend
the motion to place a limit of $15, 000 on the work.
K. Duffy agreement to the amendment. The motion, as
amended, passed unanimously.
IX. INFORMATIONAL REPORTS
J. Olson introduced Gene Sheehan, who has constructed trails
on Los Trancos and other District property in the last few
months. He said G. Sheehan' s expertise has been invaluable
to the District, and presented a short movie showing trail
work in progress.
H. Grench advised that the agreement with the Nellises as
amended had been reviewed and signed by them. He said one
additional change had been made to change the name of the title
company to First American on page two, section five of the agree-
ment, since the original title company name was in error.
D. Wendin said he wanted to consider the letter from Richard
Childress regarding the proposed assessment district. H.
Grench suggested staff would report back to the Board at
its next meeting.
B. Green advised that the San Mateo County Board of Super-
visors had recently declined to consider the possibility of
joint acquisition of "The Hill" with the District.
H. Turner suggested a letter be sent to the Menlo Park City
Council, which had proposed the joint acquisition, regarding
the District' s position on this matter. He said he felt
the City should take the lead, and he offered to draft a
letter to this effect.
H. Grench said staff was continuing to follow up on unfinished
activities in the land acquisition program. A Job Description
for a Land Acquisition Manager and another for a "floating"
Assistant General Manager that could be applied to any
employee. He said he intended to hire consultants or other
temporary person to assist the District until a new Land
Acquisition Manager is hired, which he anticipated might take
from three to four months. He added that the District had
spent its land acquisition budget for the current fiscal year,
and it would be appropriate to evaluate the District' s land
acquisition priorities and direction at this time. He said
he had been working with the District' s Controller to line up
financing for present and future acquisitions.
Meeting 77-12 Page ten
H. Turner said the East Palo Alto Municipal Council would like
to have a presentation of the District' s draft Master Plan,
but he said it would be difficult for him to make that date.
R. Bishop said he would attend.
K. Duffy said she would like to be kept informed of activities
relating to Voss Pond.
R. Bishop said he gave a report on the Hassler property to the
San Carlos Congress for Community Progress recently, and the
audience seemed very supportive of the acquisition.
X. CLAIMS
Motion: D. Wendin moved approval of the revised claims (C-77-9)
dated April 27, 1977 , as presented. E. Shelley seconded
the motion. The motion passed by the following vote:
AYES - K. Duffy, B. Green, R. Bishop, E. Shelley, D.
Wendin and H. Turner; ABSENT - N. Hanko.
XI. EXECUTIVE SESSION
The Board recessed to Executive Session at 11: 58 P.M. to discuss
land negotiations.
XII. ADJOURNMENT
The Board reconvened to adjourn at 1: 02 A.M.
Anne Cathcart Crosley
District Clerk
Minutes of April 27 1977
D. Wendin said he would like the minutes to reflect that the
motion on page seven regarding compliance with the Fire Marshal's
requirements passed unanimously. He also asked that the word
"bid" in the next to last motion on page seven be changed to
read "proposal. " He suggested the words "to protect the house"
be added after the word "taken" in the third line of the fourth
paragraph on page six of the minutes. Ille further requested
that the minutes reflect that N. Hanko was only absent for the
vote taken on Claims on page ten of the minutes, since she was
present prior to consideration of the claims and during Executive
Session.
D. Wendin stated the consensus that the minutes of April 27,
1577 be approved with the above changes.