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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.