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HomeMy Public PortalAbout19770727 - Minutes - Board of Directors (BOD) I Meeting 77-19 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S July 27 , 1977 745 Distel Drive Los Altos , CA I. ROLL CALL The meeting was called to order by President Wendin at 7 : 32 P.M. Members Present: Katherine Duffy, Barbara Green, Richard Bishop, Nonette Hanko, Edward Shelley and Daniel Wendin. Member Absent: Harry Turner. Personnel Present: Herbert Grench, Jon Olson, Anne Crosley, Car- roll Harrington, Stanley Norton, John Melton, Del Woods and Phyllis Lee. II. APPROVAL OF MINUTES A. Minutes of July 13, 1977 D. Wendin said he would like to clarify that the 11. 7% figure in paragraph one, page five, refers to the faction of -tax revenue. D. Wendin stated the consensus that with the above clarification, the minutes of July 13 , 1977 are approved as presented. III. WRITTEN COMMUNICATIONS A. Crosley referred the Board to a letter dated July 14 , 1977 from Margaret Limberatos, 20724 Garden Gate Drive, Cupertino, asking the District to oppose proposed development in the Regnart Canyon area. IV. ADOPTION OF AGENDA H. Grench said there would be an Informational Report on the Regnart Canyon developments . N. Hanko said she would like an Informational Report on property tax reform status. D. Wendin stated the consensus that the agenda be adopted with the above additions. Meeting 77-19 Page two V. ORAL COMMUNICATIONS There were no Oral Communications at this time. VI. OLD BUSINESS WITH ACTION REQUESTED A. Fremont Older Open Space Preserve Ranchhouse Proposal D. Wendin introduced his memorandum (M-77-145) dated July 21 , 1977, regarding the Fremont Older Open Space Preserve Ranch- house Proposal. He described the background events leading to the Board's consideration of a lease agreement with Mort Levine for a 25-year period, during which time Mr. Levine would be required to restore the Fremont Older ranchhouse to a condition of substantial historical accuracy. He said he felt the Board should consider, as a policy matter, whether the District should make a long-term commitment to the pre- servation of a major structure for historical purposes, and whether the District should accept an inholding for 25 years without the ability to terminate the lease in the event the inholding adversely impacts the District's programs. He added that impacts on public use and staff resources should also be addressed. R. Bishop said he agreed with the concept of the lease agree- ment, subject to working out the details , and he felt it was consistent with Board policy and a good solution to the problem of preserving the ranchhouse without spending substantial District funds. N. Hanko agreed, adding that questions on the preservation of structures in general could be answered by the Subcommittee on Structures. B. Green said she felt the proposal was an attractive one, since the public gains a restored historic structure at the end of 25 years. D. Wendin said it appeared there was a consensus that under the proper conditions the District would preserve historic structures. He said if public funds are to be expended to preserve the home, then he felt the alternative offered by the Levines is the best one. He said he would prefer that the lease offer some means for the District to terminate the lease after a certain period of time in the event having the inholding creates too many problems, providing for com- pensation of a proportion of the Levines ' investment to that point. K. Duffy said she felt the Board had already made a commit- ment to preservation of historic structures in the Master Plan, and that they had previously made a decision that the Fremont Meeting 77-19 Page three Older ranchhouse was of sufficient historical importance to consider methods of preserving it. D. Wendin said the Board has approved demolition of the build- ing if no other feasible alternative is found. Geri Albers , 925 Arbor, Menlo Park, asked what restoration activites are planned. M. Levine replied that he had been doing research on the historical aspects of the building and it was his intention to make it as comparable as possible to its past appearance, with the exception of modern wiring and plumbing. Michael Block, 509 Rhodes Drive, Palo Alto, asked if there was unanimous agreement among experts that the ranchhouse was historically significant. D. Wendin replied that it had historical value , the question was whether it had enough to justify spending money to preserve it. Arthur Ogilvie, Santa Clara County Planning Department, said application has been made to the National Registry to include the Fremont Older ranchhouse, and the American Historical Building Survey has been preparing documentation of its historical value. Linda Stuckey, 22600 Prospect Road, Cupertino, asked if there would be input from citizens regarding restoration of the ranchhouse. D. Wendin replied that a committee would be formed of members acceptable to both the Levines and the District to approve such plans. Robert Mark, 725 Cowper, Palo Alto, cautioned the Board that a residential inholding could create problems. He asked if the proposed lease agreement was considered by staff to be a project under the California Environmental Quality Act. J. Olson said staff' s original recommendation that the ranchhouse be demolished was unchanged. He said the historical importance of the ranchhouse was questionable , and should be considered in relation to other priorities for the Preserve . He cautioned that there could be substantial problems in providing access to the site for the public, and the establishment of another residential inholding adds to the management problems associated with dealing with a residential enclave, since residents have different needs and perspectives that often conflict with the needs of the public. ile added that the District may end up spending a substantial sum of money to buy the lessee out if a decision is made to terminate the lease, and there may be other costs involved which are unknown at this time. A. Crosley advised that Subcommittee activities in investi- gating the possibility of a lease agreement are at this time considered to be research and study activities to determine its feasibility. When a lease agreement is to be submitted for approval or funding by the Board at a meeting, then staff Meeting 77-19 Page four would make a determination as to whether or not the action is considered a project under the District ' s guidelines. L. Stuckey said one of the reasons cited at the September, 1974 Board meeting for acquiring the Fremont Older property was that it was historically significant. She added that the road cannot handle too much traffic. 14. Block said he felt a 25-year lease agreement which restricts public access is a cost to the District. D. Wendin said he did not think the costs in terms of staff time and to the District should be underestimated. He said he did not feel the ranchhouse was worth saving, but that this kind of arrangement would give the District some experience at hopefully the least cost. M. Levine said Herb Rhodes, State Department of Parks and Recrea- tion, had commented that the proposed arrangement seemed to be a creative solution to the problem of restoration of historic structures . Sharon Blaine, 22284 DeAnza Circle, Cupertino, said she was con- cerned that the Board would consider demolition of one of the twelve remaining historic structures in Cupertino. Steve Stuckey, 22600 Prospect Road, Cupertino, said he was in favor of a lease agreement arrangement, since destruction is not a revocable decision. K. Duffy said she felt it would be a unique solution and a gift to the District. E. Shelley said he felt the Board needed more information on costs and other impacts. D. Wendin stated the consensus that pending additional reports on tangible and intangible costs of such a lease agreement to the District and the public , and pending approval of a final lease, the Board wants to proceed with a lease. Following discussion, D. Ilendin stated the consensus of the Board on the following specific items : 1. Term of Lease. After a minimum of about five years, the District should have the ability to terminate the lease, with fair compensation to the lessee.. 2. Area of Lease . The area of the lease will be approximately 1. 59 acres , with parking restrictions clarified. E. Shelley asked that such items as signs and fences be clarified also. 3. Road Maintenance. Staff will report on whether the District should continue to rely on State law for its role in road maintenance. D,leeting 77-19 Page five T 4. Water. D. Wendin said the prospective lessee was aware of potential water problems . 5. Septic Tank. The septic system must be up to code. 6 . Parking. Sufficient parking should be available to accommo- date the District ' s needs and the lessee' s guests. E. Shelley introduced a memorandum (M-77-147) dated July 27 , 1977 , regarding the cost of renovation of the ranchhouse under the Proposed Fremont Older Lease. It was estimated that the average annual costs would be about $12, 750. B. Proposition 2 Allocation from San Mateo County H. Grench introduced his memorandum (1,1-77-139) dated July 19 , 1977 , regarding tile Proposition 2 Allocation from San Mateo County being recommended by the County' s Director of Parks and Recreation. H. Grench recommended that the Board send the draft reply attached to the memorandum, recommending a 50% local and 50% regional split of the funds. Motion: N. Hanko moved approval of the letter attached to memorandum �1-77­139 from the District to San Mateo County regarding distribution of Proposition 2 funds. R. Bishop seconded the motion. Discussion: S . Norton suggested a clarification in wording to show that 50% of the money is suggested for both the County and regional agencies. N. Hanko and R. Bishop agreed to the change. The motion passed unanimously. C. Proposed Revision of Land Use and Management Planning Process J. Olson introduced his report (R-77-33) dated July 20 , 1977 , regarding a Proposed Revision of the Land Use and Management Planning Process. He said the report represents clarification of points raised at a previous discussion by the Board on this matter at its meeting of May 10 , 1977 . He outlined several areas in which t'1e planning process could be improved, such as (1) a shift from site specific planning to broader area planning; (2) clear identification of CEQA requirements in the planning process; (3) a simplified report-writing phase introduced; and (4) imple- mentation of a system to record cumulative site information. N. Hanko said she would like to have visitor data included in yearly update reports . J. Olson said that would be fairly easy in the even-41.: the District can be included in Stanford sampling project activities ; otherwise, it would be more difficult to obtain. Meeting 77-19 Page six D. Wendin stated the consensus that a new item (d) , "Information on visitor use and activities" be included under IV Informational Report on page 3 of Appendix A in the report, but that the extent of such information would be left to the discretion of staff. J. Olson said a time line for implementation of use and manage- ment plan activities would be included under paragraph III on page two of Appendix A. K. Duffy said she felt it was important to describe in a use and management plan report waht public notice has been given and what public participation has occurred. D. Wendin stated the consensus that the above two items be included in the proposed planning process. Motion: D. Wendin moved acceptance of the revised land use and management planning process as presented and with the changes added at this meeting. R. Bishop seconded the motion. The motion passed unanimously. The Board recessed at 9 : 31 P.M. and reconvened at 9 :47 P.M. VII. NEW BUSINESS WITH ACTION REQUESTED A. Review of Use and Management Plan for Fremont Older Open Space Preserve J. Olson introduced his report (R-77-37) dated July 15 , 1977 , regarding the Review of Use and Management Plan for Fremont Older Open Space Preserve. He discussed the status of 1976 use and management recommendations for the site and the status of recom- mendations for the Nellis and Mozzetti additions. Ile- recommended the following for adoption by the Board as the use and management plan for the Fremont Older Open Space Preserve for 1977-1978: (1) a road/trail route linking Stevens Creek Park to the hayfield; (2) designation of hiking and equestrian access to the Preserve from the County Park' s Villa Maria Area; (3) continue availability of areas to organized camping groups ; (4) maintenance of walnut orchards with discing; (5) use of grey house as caretaker resi- dence; (6) rental of adobe; (7) investigate volunteer patrol pro- gram; (8) complete site information brochure and (9) remove three abandoned cars. In response to a question from N. Hanko, J. Olson said he would investigate the possibility of bicycle racks. E. Shelley said he would like to see an indication whenever possi- ble of staff time involved in activities. Meeting 77-19 Page seven Motion: E. Shelley moved approval of the Negative Declaration attached to the Land Manager's report (R-77-37) as recommended by the General Manager in memorandum M-77- 138. R. Bishop seconded the motion. The motion passed unanimously. Motion: E. Shelley moved approval of the recommendations of the Land Manager for the use and management of the Fremont Older Open Space Preserve as set forth in Report R-77- 37 and 1.1-77-138. R. Bishop seconded the motion. The motion passed unanimously. . VI . OLD BUSINESS WITH ACTI0113 REQUESTED (continued) D. Scheduling ofMaster Plan Public Hearings H. Grench introduced his memorandum (M-77-144) dated July 18, 1977 regarding Scheduling of blaster Plan Public Hearings. He said public presentations of the Plan to public agencies within the District have been completed and the final recommended version with public comments should be ready by September. R. Bishop said he felt one public hearing, well-publicized, would be sufficient. H. Grench said he would hope to have the Master Plan adopted by the end of September. Motion: D. Wendin moved that the Board not schedule a meeting in San Mateo County for the purpose of holding a Public Hearing on the Master Plan. E. Shelley seconded the motion. Discussion: D. Wendin said the Board could change the decision if needed. The motion passed on the following vote: AYES - D. Wendin, R. Bishop, E. Shelley, B. Green and K. Duffy; NO - N. hanko. The consensus of the Board was to hold a Public Hearing on the Master Plan at the first meeting in September if staff had all appropriate materials ready. Motion: D. Wendin moved that notice of the Public Hearing be advertised in the Redwood City Tribune, Palo Alto Times and San Jose Mercury. B. Green seconded the motion. Discussion: R. Mark said he did not feel a substantial amount of advertising was needed, and the money could be better spent. C. Harrington said notices could be sent to public officials. The motion passed unanimously. Meeting 77-19 Page eight VII. NEW BUSINESS WITH ACTION REQUESTED (continued) B. Conflict of Interest Code S. Norton introduced his memorandum (M-77-146) dated July 22 , 1977 regarding a proposed Conflict of Interest Code for adoption by the Board pursuant to the Political Reform Act of 1974 . He said he had basically adhered to the same format used last year for the interim code adopted by the Board in Resolution 76-23. He said the designated staff positions to be covered by the Code include General Manager, Land Manager, Land Acquisition Manager, Land Endowment Specialist, Legal Counsel and Controller. An initial filing statement need not include sources of income, the the annual filing date will be January. D. Wendin said he felt the Code should ask for voluntary disclosure of sources of income in the initial filing statement. R. Bishop disagreed, stating that lie felt it was askling too much of a person to disclose activities prior to taking office, as long as there was no conflict during the term of office. D. Wendin stated the consensus that S. Norton investigate the acceptability of a modification to the Code regarding voluntary disclosure in the initial filing statement. H. Grench suggested that "Assistant General Ilanager" be a designated position. D. Wendin stated the consensus that it be included. Motion: N. Hanko moved adoption of Resolution No. 77-31 , a Resolution of the Board of Directors of the Kidpeninsula Regional Open Space District Adopting A Conflict of Interest Code Pursuant to the Political Reform Act of 1974 , as amended. D. Wendin seconded the motion. Discussion: D. Wendin opened the Public Hearing at 10 :50 P.M. R. Mark said he supported the proposed Conflict of Interest Code and a voluntary disclosure for initial filings. D. Wendin closed the Public Hearing at 10 :52 P.M. The motion passed unanimously. C. Scheduling of Meeting with San Mateo County Parks and Recrea- tion Commission H. Grench introduced his memorandum (M-77-141) dated July 18 , 1977 , regarding the Scheduling of a Meeting with San Mateo County Parks and Recreation Commission. He said it had been suggested that Thursday, September 15 be set for an informal field trip at a site such as the Filoli estate with members of the District, the San Mateo County Parks and Recreation Commission, and members of the San Mateo County Board of Supervisors . R. Bishop said he much preferred a weekend day if at all possible. Meeting 77-19 Page nine After discussion, D. Wendin stated the consensus that the General Manager attempt to schedule the meeting for a weekend. VIII. INFORMATIONAL REPORTS A. Proposed Development in Regnart Canyon H. Grench said he had attended recent City Council meetings in Cupertino where proposed developments in Regnart Canyon and the proposed Regnart Road Assessment District were discussed. He said the City Council concluded that an Environmental Impact Report was required for the development, but they made no decision on the assessment district. B. Property Tax Relief N. Hanko referred to a recent staff report of the City of Palo Alto on the subject of property tax relief, and suggested this was an important topic for the proposed Legislative Subcommittee. D. Wendin stated the consensus that N. Hanko prepare a charter for a Legislative Subcommittee to present to the Board at its next meeting. It was suggested that East Bay Regional Park District could be contacted for information on the status of property tax relief bills. S. Norton offered to check with his legislative contacts on the status of the bills. D. Wendin stated the consensus that staff could determine what action, if any, was needed at this time at an informal level , and N. Hanko could follow up as appropriate. C. Correction to Resolution Adopting Budget for 1977-78 FY H. Grench said that Resolution No. 77-28 adopting a preliminary budget for the 1977-78 fiscal year had a typographical error in Section Two in that the word "if" should read "is. " Motion: D. Wendin moved that Section Two in Resolution No. 77-28 be corrected so that the word "if" , a clerical error, should read "is. " R. Bishop seconded the motion. The motion passed unanimously. D. Sale of Promissory Notes to Finance Land Acquisition J. Melton advised that promissory notes in the total amount of $4. 6 million had been sold immediately upon availability to the public. Meeting 77-19 Page ten R. Bishop commented that he had signed 920 promissory notes in a two and a half hour period as required. E. Intergovernmental Parks Project H. Grench advised that the City of Sunnyvale has acted to approve a contract with Santa Clara County in which the County buys Sunnyvale Mountain Park and the proceeds will be used by Sunnyvale to buy urban open space. He said the entire proposal will be considered by the Board of Supervisors on August 1. F. Peninsula Open Space Trust H. Grench announced that the Peninsula Open Space Trust (POST) had received a grant of $20 ,000 from the Packard Foundation to help tie Trust begin operations. G. Special Districts Forum in Detroit J. Olson reported that he had recently attended the Special Dis- tricts ' Forum in Detroit, Michigan. Topics discussed included construction management, unemployment compensation, the use of volunteers, and an exchange of ideas. He said East Bay Regional Park District was planning to hire a lobbyist in Washington, D.C. for $4500 a year. H. Fire on Montebello Ridge J. Olson advised that fires have been set recently in the foot-- hills, one of which burned between 1 a.m. and 3 a.m. on the Dis- trict 's Montebello Open Space Preserve, Black Mountain Area. He said it was extinguished by the California Division of Forestry. I. Punishment for Violating Conflict of Interest Code S. Norton said willful failure to comply with requirements of the Conflict of Interest Code was considered a misdemeanor with a fine up to $10 ,000 , or three times the amount not reported. An individual guilty of such a misdemeanor also forfeits the right to run for public office for four years. IX. CLAIMS Motion: D. Wendin moved approval of the revised claims (C-77-15) dated July 27, 1977 as presented. B. Green seconded the motion. The motion passed unanimously, with N. Hanko abstaining from Claim No. 3423. X. EXECUTIVE SESSION The Board recessed to Executive Session at 11 : 20 P.M. to discuss Land Negotiations. Meeting 77-19 Page eleven XI. ADJOURN14ENT The Board reconvened to adjourn at 12 :45 A.M. Anne Cathcart Crosley District Clerk A. Minutes of July 27, 1977 D. Wendin suggested that the discussion regarding a Conflict of Interest Code on page eight of the minutes be clarified to show" that the Board asked Legal Counsel to explore the possibility of a general statement regarding no conflict of interest as a Board policy. K. Duffy said she would like to include the fact that Legal Counsel was asked how foreseeable conflict of interest is defined. K. Duffy suggested the paragraph on page five regarding E. Shelley's memorandum (M-77-147) include the fact that the cost did not take into consideration tax on possessory interest. D. Wendin stated the consensus that the minutes of July 27, 1977 be approved as amended.