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HomeMy Public PortalAbout19770511 - Minutes - Board of Directors (BOD) Meeting 77-14 1W I MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S May 11 , 1977 745 Distel Drive Los Altos , CA I. ROLL CALL The meeting was called to order by President Wendin at 7 :08 P.M. Members Present: Edward Shelley, Katherine Duffy, Barbara Green, Nonette Hanko, Harry Turner and Daniel Wendin. Richard Bishop arrived at 7 :28 P.M. Personnel Present: Herbert Grench, Jon Olson, Anne Crosley, Carroll Harrington, Rose Hartman, Del Woods , Stanley Norton, and John Melton. EXECUTIVE SESSION By consent of the Board, the Board moved up on the agenda the Executive Session regarding land negotiations. The Board recessed to Executive Session at 7 :1.0 P.M. to discuss land negotiations. The Board reconvened at 7 :59 P.M. APPROVAL OF MINUTES 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 Ile paragraph on page six of the minutes. Lle 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, 1977 be approved with the above changes. Meeting 77-14 Page two IV. WRITTEN COMMUNICATIONS A. Crosley said the Board had received a letter dated April 30 , 1977 from Martin and Mieke Hull, 763 Hillcrest Way, Redwood City, and signed by about thirty residents in the Redwood City and Woodside area, asking the District to consider acquisition of the Edgewood College Property in Redwood City. H. Grench said staff was investigating the property, and a response to the letter would be made to let them know this. V. ADOPTION OF AGENDA D. Wendin stated the consensus that the agenda matter entitled Plan to Borrow Money to Finance Land Acquisitions be considered first. VI. ORAL COMMUNICATIONS There were no oral communications at this time. VII. NEW BUSINESS WITH ACTION REQUESTED A. Plan to Borrow Money to Finance Land Acquisitions J. Melton introduced his memorandum (M-77-73) dated May 9 , 1977 regarding a proposed Plan to Borrow Money to Finance Land Acquisition. He said that over the past few months , staff has investigated numerous firms in the financial sector to seek a financial arrangement wherein the District would have from $5 million to $10 million available to it within the next two to three years , with a ten year payback period, a low interest rate., and an indexing formula that would tie future interest rates to prevailing market rates. He said the District received three proposals, the most attractive of which came from Stone & Youngberg of San Francisco, an under- writing firm. Generally speaking, the proposal includes a commitment from Stone & Youngberg to purchase promissory notes issued by the District in $5,000 denominations up to a maximum of $10 ,000 ,000 between now and July 2, 1980. The funds will be used only for land acquisition. The interest rate for each issue of notes will be based on an index of current market rates at that time for California general obli- gation bonds. Each issue of notes would be approved by the firm of Orrick, Herrington, Rowley & Sutcliffe and secured by the full taxing power of the District. J. Melton introduced Mr. Dave Hartley of Stone & Youngberg, who would answer ques- tions from the Board. In response to a question from D. Wendin, J. Melton said the District could purchase a property with cash and then borrow the money, as long as the decision to do so has been made at the time the property is acquired, not after the fact. _j Meeting 77-14 Page three J. Melton advised that there could not be early retirement of the notes issued. H. Grench said the District could still choose to borrow money to pay for the Nellis and Burns properties. In response to a question from K. Duffy, J. Melton said repay- ment of District debts has first priority when tax money is allocated to the District. In response to a question from E. Shelley, J. Melton explained that the interest rate is computed on $102, rather than $100 , to cover the price of the note. Motion: D. Wendin moved adoption of Resolution No. 77-21 , a Resolution of the Board of Directors of Midpeninsula Regional Open Space District Accepting Offer to Pur- chase Promissory Notes. B. Green seconded the motion. The motion passed unanimously. D. Hartley expressed his appreciation to the Board for consider- ing this agenda item first. H. Grench asked that the agenda item relating to the Use and Management Plan and Initial Study for El Sereno Open Space Preserve be considered next. VIII . OLD BUSINESS WITH ACTION REQUESTED A. Use and Management Plan and Initial Study for El Sereno Open Space Preserve J. Olson summarized 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, which had been presented by staff at the April 27 , 1977 Board meeting. He said notice had been mailed to contiguous property owners as listed in the latest assessor's books. Diane Holmes Rice, 19340 Overlook Road, Los Gatos, said she should have received notice, but it had been sent to a former property owner. She said she had problems with children bicycling across her property and wanted to make sure the Dis- trict was not encouraging access to the site from her property. Ron Clayton, 16345 Los Gatos Road, Unit 31 , Los Gatos , said he wanted to be sure the District was not planning to attract increased traffic along Sheldon Road. J. Olson replied that the District only wanted to improve the entrance for ranger vehicles, and there would be locked gates to which residents would have keys. Meeting 77-14 Page four R. Clayton said he was pleased to have the District as one of his neighbors , and he said there was a Sheldon Road Committee which could receive notices sent by the District. Ed Schell, Box 1345 , Los Gatos, said the San Jose Amateur Atronomers had recently changed its name to the San Jose Astro- nomical Society, and as their representative he said they had no problem with the proposed plan. He said that as representa- tive for the Wakonta Longhorn Breeders Association he reminded the Board that access was needed from Los Gatos. J. Olson said Mr. Dunton of San Jose Water Works asked that publicly-distributed maps not show a continuation of trails onto Water Works lands. He said Mr. and Mrs. Walter Crawford had also contacted him to ask that their springs be protected. Motion: D. Wendin moved approval of the Negative Declaration for the Use and Management Plan for El Sereno Open Space Preserve. H. Turner seconded the motion. The motion passed unanimously. Motion: K. Duffy moved adoption of the Use and Management Plan for El Sereno Open Space Preserve as set forth in the Land Manager 's report (R-77-22 , dated April 22 , 1977. R. Bishop seconded the motion. The motion passed unanimously. VII. NEW BUSINESS WITH ACTION REQUESTED (continued) B. Status Report on Docent and Environmental Volunteers Pro- grams and Recognition of Volunteers J. Olson introduced his memorandum (M-77-63) dated May 5, 1977, regarding a Status Report on Docent and Environmental Volunteers Programs and Recognition of Volunteers. He said the docent program may be expanded on additions to the Monte Bello Open Space Preserve or transferred to Los Trancos Open Space Pre- serve in the future. E. Huggins, Coordinator of Volunteers , introduced Karen Nilsson, outgoing Environmental Volunteers President. K. Nilsson distributed a book entitled "The Green and Golden Hills" to the Directors, and showed a film depicting the pro- gram of the Environmental Volunteers. She said the EVs try to create an awareness and appreciation of nature through their hikes with children on District lands. She expressed the appreciation of the EVs to the District for cooperating with them, and said she felt both the EVs and the District received benefits from the program. She mentioned that the EVs received a grant from the personalized license fund to conduct an environmental education program for ECE children. Meeting 77-14 Page five Jane Hall, a docent, said Permanente Creek Preserve was a good place to have nature study programs, since there were numerous activities and things to observe on the site. B. Green said she was very impressed with the activities of the Environmental Volunteers and docents. E. Huggins said the docent program had now grown to about 35 active people conducting tours on District land. All of the docents have recieved 52 hours of training. She said classes were taught by people such as Doug Erskine (botany) , Tim Hall (geology) , and Diane Conradson, Mabel Crittenden, Jane Hall and Linda Newberry. She mentioned that Marybelle Cody and Gayle Riggs prepared a cultural history of Monte Bello Ridge; Nick Hall pro- vided trail finishing and clearing of interpretive features with the help of Foothill College's Geology 35 class; Jean Sorenson has been painting plants and trees of Black Mountain and Los Tran- cos Open Space Preserve; Doug Erskine has prepared a plant list for Black Mountain; and Tim Hall is building an earthquake trail and writing brochures of the area. K. Nilsson mentioned that Jane Hall, Molly Brown, Doris Ash and Jackie Mattice had prepared an educational guide and plan for Permanente Creek Preserve. N. Hanko said she was very impressed with the hours of training and amount of work which is represented in the docent program. She encouraged continuance of the program. R. Bishop said he felt educational hikes was an excellent way of introducing people to District lands. The Board recessed at 9 :15 P.M. and reconvened at 9 :30 P.M. VIII. OLD BUSINESS WITH ACTION REQUESTED (continued) B. Adoption of Revised Guidelines and Procedures for Evaluation of Environmental Impact of Projects and the Preparation of Environmental Impact Reports S. Norton introduced his memorandum (M-77-71) dated May 6 , 1977 , regarding the Adoption of Revised Guidelines and Procedures for Meeting 77-14 Page six Evaluation of Environmental Impact of Projects and the Prepara- tion of Environmental Impact Reports. He referred the Board to a number of corrections and changes made in the proposed Guide- lines as the result of Board comment at the April 27 meeting. In response to a question from N. Hanko, S . Norton said the lead agency makes the judgment as to whether a structure or area is considered historic. If there is some question as to the his- toricity of a structure, the lead agency may consult experts to assist in making the determination. He said the ultimate test would be a court test. H. Grench explained that the Initial Study is a staff document prepared to determine if an EIR or a Negative Declaration is needed. He said staff has usually contacted appropriate agencies and individuals prior to preparation of the Initial Study. The important thing, he said, is that the people who might be affected are contacted. D. Wendin said he would like the minutes to reflect the Board's intention that the Land Manager will consult with agencies which would be interested in a project. He said he felt comfortable leaving to staff' s discretion the determination of which agencies would be appropriate. Motion: N. Hanko moved adoption of Resolution No. 77-22 , a Reso- lution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Guidelines Pursuant to the California Environmental Quality Act as Amended. B. Green seconded the motion. The motion passed unani- mously. C. Status of Structures on Fremont Older Open Space Preserve K. Duffy introduced a memrandum from D. Wendin and herself regard- ing the Status of Structures on the Fremont Older Open Space Preserve (M-77-62 , dated May 5 , 1977) . She said the terms set forth in the memorandum were only meant as an outline, and in- cluded the following: (1) Lessee will perform all work and bear all costs to historically renovate the house and gardens , as approved by a mutually agreed upon review committee ; (2) Lessee will reimburse the District for expenses incurred to protect the structure as required; (3) Lessee will maintain the house and garden for 25 years, complete exterior renovation within one year, and complete remaining renovation within a reasonable period of time; (4) The building must be used as a single family resi- dence but open to the public once a year; (5) The lease shall be non-assignable; (6) Lessee must maintain liability and fire insur- ance as required by the District and share in road maintenance costs. A draft advertisement was attached to the memorandum. Meeting 77-14 Page seven D. Wendin said the Subcommittee felt a deposit from prospective lessees should be required, and the suggested amount is $15,000. The Subcommittee could review all bids and make a recommendation to the Board. K. Duffy said more detailed requirements could be written into the lease agreement. S. Norton added that a bond and/or insurance could be required to protect the District. Gordon Jennings , 3611 Woodside Road, Woodside, said houses tend to go through 25 year cycles, so that at the end of the lease term there may be fixtures needing maintenance. He reminded that construction vehicles are heavy and noisy. He added that people who otherwise would be interested in fixing up a house might change their minds when they see what poor condition the Fremont Older house is in. N. Hanko questioned whether renovation of the adobe should be continued by staff if there is the possibility that a prospective lessee is interested in renovating it. J. Olson replied that it was important to prevent continued deterioration of the adobe as soon as possible. K. Duffy said she would prefer to limit the scope of the lease arrangement. H. Grench suggested that a larger proposal which would eliminate the potential problems involved with an inholding, assuming the District had alternative access, might be something the District would consider. J. Olson said the lowest revised bid for repairing the adobe was about $22,000. He suggested some items could be taken care of this year and others next year. In response to Board questions, H. Grench said if an appraisal had to be done, the lessee could be required to pay for it under the lease terms . Arthur Ogilvie, El Camino Trust for Historic Preservation, said in his opinion the Board had recognized that action on the Fremont Older house would have a significant effect, and the Board was taking appropriate steps to mitigate it. He said he felt the Board was in effect doing an environmental impact report. D. Wendin said he did not feel the Board was taking any action at this meeting requiring action under the California Environmental Quality Act. Motion: D. Wendin moved that the Board increase the maximum funds which may be spent on repairs to the adobe to $22 ,000 , and that the Board confirm continuation of the Use and Management Plan recommendations as set forth in items 2 , 3 and 4 of memorandum M-77-65, dated May 5, 1977 . Meeting 77-14 Page eight K. Duffy seconded the motion. The motion passed unan- imously. D. Wendin suggested the advertisemnt be approved subject to minor chanctes. J. Olson said a mechanism should be developed for handling the inquiries generated by the ad. C. Harrington suggested more time be given for people to respond, since some advertisements would not appear until the 18th. H. (drench stated the consensus of the Board that ads be placed only in key newspapers, at a cost not to exceed $500. Motion: D. Wendin moved that the ad proposed by the Subcommittee (M-77-72 , dated May 10 , 1977) , subject to minor changes in wording, be placed in key newspapers at a cost not to exceed $500 . N. Hanko seconded the motion. The motion passed unanimously. Discussion: D. Wendin stated the consensus that the following changes in wording of the ad be made: (1) the second sentence should read as follows: " . . .the District is seeking proposals which would protect the home. " (2) A third sentence should read: "For example, the District will consider a lease of the present build- ing. . . " (3) A fourth sentence should substitute the word "historically" for "completely. " (4) The last para- graph should read "For more information about the pro- posal requirements, please contact the District office , 965-4717. The deadline for the receipt of proposals is 12 :00 noon on June 8 , 1977, at the District office, 745 Distel Drive , Los Altos. At that time a "good faith" refundable deposit of $15 ,000 (certified check) will be required for all proposals . The District reserves the right to reject all proposals. " VII. NEW BUSINESS WITH ACTION REQUESTED (continued) C. Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year H. Grench introduced his report (R-77-28) dated May 10 , 1977 , regarding the proposed Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year. He said J. Olson, A. Crosley, C. Harrington and he had prepared this year ' s Action Plan. He pointed out that the Action Plan is used as a basis for budget planning after it is tentatively adopted by the Board, and that revisions can be made until final adoption with the budget. He said this year's Action Plan had been structurally changed somewhat to more accurately reflect the priorities of the major activities of the District. For example, Public Communi- Meeting 77-14 Page nine cations and Governmental and Private are combined this year into one program, since both are so closely interrelated. General Administration is reflected as a General Management and Program Support category, rather than as a program. Last year' s Volunteer, Docent and Intern Subprogram has been incor- porated into other programs under the Open Space Management Program. He mentioned that the level of activity under the Public Communications Program would depend to some extent on whether or not a grant from the National Endowment for the Arts is received. He explained that under the Land Acquisi- tion Program initial emphasis will be on financial planning and setting land acquisition goals. He pointed out that possible and probable staff positions are set forth as resources for each subprogram, but authorization for specific positions is done separately from approval of the Action Plan. D. Wendin said he would like to see education of the public as one of the Expected Results in the Media Subprogram. In response to a question from B. Green, H. Grench said there were no elections planned for the 1977-78 fiscal year. H. Grench pointed out that staff was continuing to evaluate the Action Plan and organizational structure in light of the change in activities from site planning to operating, Motion: D. Wendin moved that the Board tentatively adopt the Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1977-1978 Fiscal Year, subject to revision of the Media Subprogram prior to adoption of the budget. E. Shelley seconded the motion. The motion passed unanimously. D. Wendin stated the consensus that agenda item No. 7, Report and Recommendations of the Organizational Use Subcommittee, be postponed to a future meeting. D. Proposed Land Acquisition Manager Job Description H. Grench introduced his report (R-77-26) dated May 3 , 1977 , regarding a Proposed Land Acquisition Manager Job Description. He explained that the new Job Description was essentially unchanged with the exception that general administrative re- sponsibilities had been eliminated. The person selected for the position would have overall responsibility for land acqui- sition activities, including negotiations , donations, reloca- tion, and would work with the Board, General Manager and Land Manager in planning future land acquisition priorities. He Meeting 77-14 Page ten recommended an annual salary range of $20 ,900 to $31 ,350 for the position based upon a review of comparable positions. H. Grench recommended the approval of a separate, overlay Assist- ant General Manager position which would be applied by him to a Dis- trict employee with the knowledge, experience and qualifications to represent the District and oversee its activities in the absence of the General Manager. The position would include a salary increment range of $800 to $1200 per year. In response to a question from N. Hanko, H. Grench said he felt it was necessary to have a full-time person as Land Acquisition Manager, and that it would probably take three months to fill the job. Motion: B. Green moved that the Board adopt the Job Description for Land Acquisition Manager with a salary range of $20 ,900 to $31 ,350, and the Job Description for an Assistant General Manager position with a salary in- crement range of $800 to $1200 , as set forth in the General Manager 's report R-77-26 , dated May 3, 1977. D. Wendin seconded the motion. Discussion: Dorothy Jennings , 3611 Woodside Road, suggested the word "solicit" be changed to "elicit" under Work Performed, item 12 , of the Land Acquisition Manager Job Description. The motion passed unanimously. E. Letter from Richard Childress Regarding Proposed Assessment District D. Wendin suggested the Board approve sending the draft reply to Richard Childress advising the proponents of the Regnart Can- yon Road Local Improvement District that the District was not supporting the inclusion of MROSD properties in such an Improve- ment District. He suggested the matter also be placed on a future agenda for discussion. D. Wendin stated the consensus that this be done. IX. INFORMATIONAL REPORTS B. Green said she was interested in attending the California Park and Recreation Society Conference on legislation and federal aid on May 19-20 , and asked if the District would reimburse her for a $25 registration fee. D. Wendin stated the consensus that this expense could be reimbursed. H. Grench advised that the Peninsula Open Space Trust had received its tax-exempt and charitable status. H. Grench said hearings were scheduled for the proposed expan- sion of Castle Rock State Park, and staff would try to attend one or more of the hearings to support the acquisition of additional land by the State, in accordance with the Basic Policy of the District. Meeting 77-14 Page eleven H. Turner said a presentation of the District' s draft Master Plan had been made to the East Palo Alto Municipal Council on Monday night. He said the Council would like the District to spend some money in helping them develop Cooley Landing as a recreational area. He said he and H. Grench indicated the District might be interested in helping to preserve a natural area associated with the site, and a meeting has been scheduled on June 1 to explore further the possibilities. X. CLAIMS Motion: D. Wendin moved approval of the revised claims (C- 77-10) dated May 11, 1977 as presented. B. Green seconded the motion. Discussion: H. Grench said item No. 3119 should be eliminated from the claims list. D. Wendin requested that the Board be given a summary of expenses incurred by Board and staff on the recent conference in Carmel. N. Hanko said she would abstain from item No. 3102 only. The motion, with the above changes, passed unanimously. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 11:46 P.M. to dis- cuss personnel matters and land negotiations. XII. ADJOURNMENT The Board reconvened to adjourn at 1:10 A.M. Anne Cathcart Crosley District Clerk i I i I Minutes of May 11, 1977 D. Wendin and H. Turner agreed that on page three paragraph aph four, line three, the statement "to cover the price of the note" be changed to "provide income to the underwriters. " D. Wendin stated the consensus of the Board that the minutes of May 11, 1977 be approved with the above correction. I I