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.