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HomeMy Public PortalAbout19770608 - Minutes - Board of Directors (BOD) Meeting 77-16 cow MIDPENINSULA REGIONAL PARK DISTRICT Regular Meeting Board of Directors M I N U T E S June 8 , 1977 745 Distel Drive Los Altos, CA I. ROLL CALL The meeting was called to order by President Wendin at 7 : 30 P.M. Members Present: Katherine Duffy, Barbara Green, Nonette Hanko, Richard Bishop, Edward Shelley and Daniel Wendin. Harry Turner arrived at 7 : 35 P.M. Nonette Hanko left at 10 :16 P.M. Personnel Present: Herbert Grench, Jon Olson, Anne Crosley, Carroll Harrington, Stanley Norton, Phyllis Lee and Rose Hartman. APPROVAL OF MINUTES D. Wendin stated the consensus that the minutes of May 25, 1977 be reviewed at the next Board meeting. WRITTEN CO2,1MUNICATL IONS A. Crosley said there were two Written Communications : (1) a letter dated May 27 , 1977 from the Santa Clara County Historical Heritage Commission requesting that they be informed of historic resources which the District may acquire , and (2) a letter dated May 24 , 1977 from John V. Rakich expressing an interest in the winery on the Picchetti Ranch site. Draft replies were attached to each letter for Board consideration. Motion: R. Bishop moved that the President of the Board send a reply to the letter from the Historical Heritage Commission as set forth in the draft. B. Green seconded the motion. The motion passed unanimously. D. Wendin stated the consensus that a reply be sent to the letter from Mr. Rakich as set forth in the draft. In response to a question from R. Bishop, J. Olson said he had spoken with Mr. Rakich about the proposal , and that Mr. Rakich had not been aware of the outdated condition of the winery equipment or the dirt floor, and therefore might not be as enthusiastic about his proposal. Meeting 77-16 Page two D. Wendin said the District had received four written proposals for historic renovation of the Fremont older ranchhouse, which he suggested should be considered after Oral Communications. E. Shelley suggested the letter from the City of Mountain View opposing the District ' s name change be considered under Informational Reports. IV. ADOPTION OF AGENDA D. Wendin stated the consensus that the proposals for the Fremont Older ranchhouse be considered immediately following Oral Com- munications since the author of one of the proposals was present. V. ORAL COMMUNICATIONS Jo Ann Gholson, 22125 Regnart Road, Cupertino, said she was opposed to formation of the proposed Regnart Canyon Road Assess- ment District by residents in that area, and in particular she objected to their assessment of landowner 's road usage based on potential dwelling units. She said there seemed to be no valid reasons for choosing to extend Regnart Road when other alternatives, such as Stevens Creek Canyon Road, were available. She said she would like the District 's backing for a protest if the residents ' petition is approved. She said the petition had been amended when the District became the new owner of the Nellis ' 63 acre site to claim that neither the 63 acres nor the Billawalla property had any potential dwelling units. She said the effect of this was to keep the necessary percentage of signatories to make the petition valid, but it was incon- sistent since the petitioners had assigned four potential dwelling units to the District 's existing Fremont Older Open Space Preserve, even though there was no possibility that the land would be developed. She said her attorney felt the amend- ment was not proper, and she asked what the opinion of District Legal Counsel was. S. Norton responded that the three legal methods of calculating an assessment included (1) front footage of a property; (2) the total acreage of a property; or ( 3) how many units could poten- tially be developed on a property which would benefit from a road. He said the District had been assigned four potential dwelling units by the petitioners for the existing Preserve, but the 63 acres had been determined by the petitioners to have no dwelling unit potential. He said one of the issues appeared to be that the Nellises would benefit from the assessment dis- trict but would not be paying their fair share. He said his opinion was that the District ' s benefit should be considered on another basis than residential. He pointed out that the City of Cupertino would have to convince the County to grant extraterritorial jurisdiction to make an assessment district feasible. The City would also have to pay for engineering and Meeting 77-16 Page three legal services , and, if there was a protest by residents repre- senting over 50% of the assessed property value , the City would have to call a public hearing. He added that the City can overrule a protest with a 4/5 vote. He said it was his opinion that a property could be removed from the proposal and the petition would still be valid; however, if a sale was pending there might be a legal problem. D. Wendin suggested staff be asked to define and keep track of the issues involved, including determining the protest procedures. The item could be considered at the next Board meeting. In response to a question from R. Bishop, S . Norton said the District's share of assessment, according to tentative figures from the petitioners, would be about $16 ,000 . At this point, the District still retained the right to protest. J. Olson said the latest share estimate for the District' s pro- perty is $4300 per potential dwelling unit, or a total of $17,200 . He said in his opinion the District 's share should more appro- priately be $1 ,000 based upon anticipated District-related daily trips compared to the estimated number of daily trips from households . K. Duffy said she had received irate telephone calls from citi- zens who don't think the District should have to pay an assess- ment based on potential dwelling units. J. Olson stated that bond counsel for the City of Cupertino had given the opinion that the assessment formula could only be changed in non-substantive ways later on in the process of forming a road assessment district. S. Norton said he thought there might be room for negotiation, but that the District could be exempted from assessment, if not exempted from inclusion in the assessment district. H. Grench pointed out that the proposed assessment district mat- ter would again be considered by the Cupertino City Council on June 20. The District 's present position is one of neutrality toward formation of an assessment district, but not on the questions of benefit to the District or payment by the District. Dorothy B. Wright, 22303 Regnart Road, Cupertino, said she was afraid that there would be no opportunity to affect the decision on the proposed assessment district by the time there is a public hearing. She advised the Board that there was another citizens' petition against the assessment district and asking that traffic be directed through Stevens Canyon. Robert Mark, , 725 Cowper, Palo Alto, said it was his opinion that the City of Cupertino would have to prepare an Environmental Impact Report on the proposed road assessment district. He Meeting 77-16 Page four added that since Cupertino had advised the District that acqui- sition of land for open space purposes was consistent with Cupertino 's General Plan, it did not seem appropriate to now state that such open space land was good for development. S. Norton suggested the Board consider petitioning the City of Cupertino to change its General Plan to show the District 's land as open space, and to rezone the land accordingly. H. Turner said he did not want the road assessment district to have a deleterious effect on the Fremont Older Open Space Preserve. In response to a suggestion from D. Wendin, H. Grench recom- mended that staff contact City of Cupertino staff to determine what procedures will be followed on the proposed assessment district formation and what the protest procedures are. D. Wendin stated the consensus that this matter be placed on the next Board meeting agenda for consideration, and that staff report on the status of the road assessment district proposal, as well as protest procedure and the possibility for changing the zoning and General Plan designation of Dis- trict land in the Regnart Canyon area. Gordon Jennings, 3611 Woodside Road, Woodside, said equestrians were delighted with the trail on the Saratoga Gap Open Space Preserve, and he complimented the District on its role in constructing an outstanding trail. R. Mark said he wanted to express his appreciation for the trails on the Los Trancos Open Space Preserve. VI . OLD BUSINESS WITH ACTION REQUESTED A. Status of Structures on Fremont Older Open Space Preserve D. Wendin advised that the District had received four written proposals for the restoration of the Fremont Older ranchhouse, and that one had been accompanied by the requested $15,000 check. He asked if the Board wanted to waive the requirement for the deposit, which had been felt necessary to demonstrate the good faith and financial responsibility of the proposer. Thomas Whittaker, 3909 Middlefield Road, Palo Alto, said he submitted a proposal for operating the ranchhouse as a museum as a public enterprise. He said he had not understood that the deposit was expected at the same time as the proposal. He added that the Board should consider the possibility of a joint proposal by two or more of those interested in the renovation of the ranchhouse. Meeting 77-16 Page five N. Hanko said she felt the proposers who had failed to submit deposits should be contacted to give them the opportunity to do SO. Motion: R. Bishop moved that the Subcommittee be authorized to ask for the required deposits and to investigate the merits of the proposals. N. Hanko seconded the motion. Discussion: D. Wendin said it was possible a written report could be ready for the next agenda. In response to a question from J. Olson, D. Wendin said certified checks should be held at the District, but an uncerti- fied check should be deposited. He stated the consensus that deposits were due by Monday, June 13, 1977. The motion passed unanimously. The Board recessed at 9 :12 P.M. and reconvend at 9 :20 P.M. B. Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District forFiscal Year 1977-1978 H. Grench introduced his memorandum (M-77-92) dated June 3, 1977 regarding proposed changes in the Public Communications Program of the draft Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1977-1978. He said a meeting had been held to discuss the activities of the Public Communications Program, and as a result there were proposed revisions which generally relate to com- municating the value of open space to the public without pro- moting the use of specific sites. H. Grench said the Public Liaison Subprogram was unchanged, but Public Participation had been added and changes made in the Media Subprogram and Public Education Subprogram. C. Harrington said communications with the press and the need for liaison had increased because of the annexation of south San Mateo County. She said activities in both the Public Education and Public Participation Subprograms would involve coordination with the Open Space Management Program. In response to a question from N. Hanko. H. Grench said the review of agendas and minutes of other agencies would inserted into the Public Liaison Subprogram. In response to a question from E. Shelley, C. Harrington advised that the District did not receive a grant from the National Endowment for the Arts which had been applied for. N. Hanko said she felt Public Communications was a difficult program to administer, since public access must be balanced with the limitations of the budget allocated for land manage- Meeting 77-16 Page six ment. She said the District must be ready to give information when requested, but not actively promote site specific use. B. Green said she was pleased with the Public Participation Sub- program, and D. Wendin expressed his agreement with the direc- tion of the Public Education Subprogram. Motion: E. Shelley moved that the Board adopt the revised version of the Public Communications Program to replace the version contained in the tentative draft of the Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the Fiscal Year 1977-1978. N. Hanko seconded the motion. The motion passed unanimously. VII . NEW BUSINESS WITH ACTION REQUESTED A. Agreements with Cities of Mountain View and Los Altos (Permanente Creek Park) and Agreement with City of Cupertino (Picchetti Ranch) J. Olson introduced his memorandum (M-77-90) dated June 3, 1977 , regarding proposed Agreements with Cities of Mountain View and Los Altos (Permanente Creek Park) and Agreement with City of Cupertino (Picchetti Ranch) . The cities would use the designated District sites for day camp activities this summer for children residing in their communities. He said about 7 ,500 children would probably have a chance to visit Permanente Creek Park, and about 2 ,000 would visit the Picchetti Ranch. He said there were a few minor changes in the agreement attached to the memo, which are: Page 1, paragraph 2 , line 10 , change the word "wood" to read "wooded. " Page 2, paragraph No. 4 , insert the word "services" between "necessary" and "supplies" and add "and trans- portation" to the end of the sentence. Page 3, paragraph No. 6 , insert the word "direct" before the word "result" in the fourth line. Page 3 , paragraph No. 8 , insert the word "direct" before the word "result in the fifth line. Page 4 , second line, strike the word "of" between the words "City" and "Participants. " Page 6 , paragraph No. 12 , change the word "wong" so it correctly reads "wrong. " J. Olson recommended that the Board approve the agreement form and authorize the General Manager to sign agreements with the Cities of Mountain View, Cupertino and Los Altos as set forth within. S. Norton said he felt the agreement was a fair one to both the District and to the cities. Although liability had been a problem area, the philosophy was that the District would supply the land and facilities "as is" and the cities would take the action they felt necessary to satisfy themselves that the Meeting 77-16 Page seven areas were suitable for use. He added that it was the District' s intention to negotiate the items in paragraph No. 2 relating to maintenance of utilities . Motion: K. Duffy moved that the Board authorize the General Manager to sign the necessary agreements with the cities of Los Altos , Mountain View and Cupertino in the form submitted in memorandum M-77-90 and corrected. il. Turner seconded the motion. The motion passed unanimously. VIII. NEW BUSINESS WITH NO ACTION REQUESTED A. Board Subcommittee Structure D. Wendin introduced his memorandum (M-77-91) dated June 2, 1977 suggesting the Board consider evaluating the present Board Sub- committee Structure. He said there has been an increased volume of work in recent months which in some cases could be appropriately handled at the subcommittee level. He emphasized that added sub- committee work was not meant to eliminate public discussion, but rather to more adequately handle certain areas of interest, such as pending legislation, without increased staff resources. N. Hanko said she was in favor of establishing a Legislative Subcomittee, and asked if D. Wendin could draft a proposal . R. Mark said he supported a Legislative Subcommittee, since he felt there were numerous bills in the legislature relating to the environment which the District should take a greater inter- est in. D. Wendin said there were other alternatives to consider, such as hiring a lobbyist or a legislative information service. He pointed out that tax reform is a special issue which should be investigated. He suggested that he could draft a proposal after discussing the possibilities with H. Grench and R. Mark. E. Shelley said perhaps there should be a Subcommittee on Sub- committees. B. Green volunteered to serve on a Legislative Subcommittee. G. Jennings suggested the District not overlook liaison with other agencies who have common interests. IX. INFORMATIONAL REPORTS E. Shelley referred to the recent letter from the City of Mt. View which expressed the City Council ' s displeasure at the District' s recent name change. He suggested a letter be sent from the Board explaining the purpose of the name change and pointing out the District' s organizational use policies , including interaction with Mountain View. He added that Meeting 77-16 Page eight the letter could explain what actions were taken by the District to inform the public about meetings relating to the name change, and finally the Board could let the Councilmembers know again that they can receive agendas and minutes without charge. D. Wendin suggested the letter could include a copy of the Public Education portion of the draft Action Plan. N. Hanko said the letter could also refer to the prototype use agreement with cities which the Board approved this evening. D. Wendin stated the consensus that E. Shelley draft an appro- priate letter of reply to the Mountain View City Council. N. Hanko said she and H. Grench had invited the new Palo Alto City Councilmembers to lunch at the District on June 14 . One of the subjects that would be informally discussed was the draft Master Plan of the District. She asked that other Board members interested in attending the lunch contact the staff. H. Turner said he would attend. H. Grench advised that the escrow had closed on the Nellis property, and the District now holds title to that site. H. Grench asked that Board members inform the staff of their vacation schedules. K. Duffy, B. Green, H. Turner, E. Shelley and R. Bishop all said they would not be available for the second meeting in August. H. Grench said he would be on vacation from June 23 through 29 , and again sometime in August or September. X. CLAIMS Motion: K. Duffy moved approval of the revised claims (C-77-12) dated June 8, 1977, as presented. H. Turner seconded the motion. N. Hanko said she would abstain from claim No. 3215. The motion passed unanimously. H. Turner said he would like the Board to consider suggestions made in a recent memorandum by N. Hanko regarding the length of Board meetings. R. Bishop said the Board could always schedule an extra meeting, and K. Duffy suggested a meeting could be scheduled for an Executive Session only. D. Wendin suggested the Board try for completion of agenda items by 10 :00 P.M. , and the use of subcommittees to handle details, before scheduling additional meetings . Meeting 77-16 Page nine N. Hanko left the meeting at 10 :16 P.M. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :17 P.M. to dis- cuss land negotiations. XII. ADJOURNMENT The Board reconvened to adjourn at 11 :16 P.M. Anne Cathcart Crosley District Clerk B. Minutes of June 8, 1977 S. Norton asked that the word "three" in the first sentence of the fifth paragraph on page two of the minutes be deleted, and that the words "for example" be inserted after "included" in the second sentence of that paragraph. He further suggested that the phrase "in this case the latter method had been adopted and that" be inserted after the words "He said" in the fifth line of the fifth paragraph on page two of the minutes. Finally, he suggested the last sentence on page two, which continued on page three of the minutes, be revised to read as follows: "The City would also have to pay for engineering and legal services. The City would have to hold a public hearing. The formation of the district could be blocked by a protest of owners repre- senting over 50% of the assessed value, acreage, or perhaps some other measure, but he was not sure which. " N. Hanko asked that the phrase "and CEQA documents" be added after the word "minutes" in the sixth paragraph on page five of the minutes. She further suggested the words "is important but" be inserted after the words "public access" in the last paragraph on page five, and the words "In regard to newspaper and magazine publicity" be placed at the beginning of the first sentence on page six of the minutes. D. Wendin stated the consensus that the minutes of June 8, 1977 be approved as amended.