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