HomeMy Public PortalAbout19770810 - Minutes - Board of Directors (BOD) V
J"
AMW Meeting 77-20
it
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
August 10 , 1977 7 : 30 P.M.
I. ROLL CALL
The meeting was called to order by President Wendin at 7 :29 P.M.
Members Present: Katherine Duffy, Nonette Hanko, Edward Shelley,
Harry Turner and Daniel Wendin.
Members Absent: Barbara Green and Richard Bishop
Personnel Present: Herbert Grench, Jon Olson, Anne Crosley,
Phyllis Lee, Stanley Norton and Carroll Harrington.
II. EXECUTIVE SESSION
The Board recessed to Executive Session at 7 : 30 P.M. to discuss
land negotiations.
III. APPROVAL OF MINUTES
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.
IV. WRITTEN C01,24UNICAT IONS
A. Crosley advised the Board of three Written Communications, (a)
a letter from Landels, Ripley & Diamond on behalf of Mobil Oil
Meeting 77-20 Page two
Estates Limited, requesting the District to reconsider the draft
Master Plan rating of their properties; (b) a letter from Geri
Albers , 925 Arbor Road, Menlo Park, opposing the leasing of the
Fremont Older ranchhouse; and (c) a letter from the Saratoga City
Manager, Robert F. Beyer, advising that the Saratoga City Council
supports the District ' s draft Master Plan and compliments the
District on its progress to date.
V. ADOPTION OF AGENDA
D. Wendin suggested agenda items 1 and 2 be reversed so that the
Monte Bello Open Space Preserve Addition is considered prior to
the Fremont Older Open Space Preserve Ranchhouse Lease.
E. Shelley said he had an Informational Report on a recent meeting
of the Mountain View Parks and Recreation Commission at which the
District's draft Master Plan was considered.
D. Wendin stated the consensus that the agenda be adopted with the
above changes.
VI. ORAL COMMUNICATIONS
Gordon Jennings , 3611 Woodside Road, Woodside, commented that Palo
Alto and Sunnyvale have revised their procedures for interviewing
appointed officials . He suggested the item be placed on a future
Board agenda for District consideration.
VII. OLD BUSINESS WITH ACTION REQUESTED
A. Monte Bello Open Space Preserve Addition (Eldridge Property)
H. Grench introduced his report (M-77-151) dated August 4 , 1977 ,
regarding the Monte Bello Open Space Preserve Addition (Eldridge
Property) . He said there were a few loose ends to be taken care
of before this agenda item is ready for Board action.
Motion: D. Wendin m.oved continuation of Agenda item No. 2 , the
Monte Bello Open Space Preserve Addition (Eldridge Pro-
perty) to a Special Meeting to be held at 7 :30 P.M. on
Wednesday, August 17, 1977. N. Hanko seconded the motion.
The motion passed unanimously.
Discussion: Mark Schneider, 32100 Page 14ill Road, Palo
Alto, said he felt the lawsuit involving the Eldridge
property was regrettable and he hoped there would be an
equitable solution, depending on negotiations. lie
mentioned that the District had received two letters
earlier in the day from Mr. Harry Aine and Mr. McKew.
He introduced Liz Ryancole from Community Legal Services,
who would be available to answer any questions of the
Board relating to the occupants on the property.
Meeting 77-20 Page three
B. Proposed Lease of the Fremont Older House
H. Grench introduced his report (R-77-40) dated August 5, 1977 ,
regarding the Proposed Lease of the Fremont Older House. He
referred the Board to an Initial Study and proposed Ilegative
Declaration included with the report which discuss the impacts
of granting a 25-year lease for the Fremont older home and 1. 6
acres of surrounding land. He said the single most detrimental
aspect would be the limitations on public access because of
the existence of an additional inholding. He said a great deal
of staff time has been spent on this matter and the Board should
keep in mind that staff resources are a cost to the District.
He suggested that this proposal should be considered in relation
to other possible historical accomplishments the District may
want to become involved in, and in perspective with other pro-
jects of the District, such as intergovernmental projects.
K. Duffy said she disagreed with some of the conclusions in
Appendix A of the report. She felt some favorable aspects which
should be added would be saving the cost of clean-up and garden
maintenance, retention of an historic structure , donation of
historical renovation project to the District, and potential
lease income after 25 years. She said maintenance of exotic
plant species was not necessarily an unfavorable aspect, and
the District was requiring the house to be in good condition
after the 25 year lease period.
Motion: K. Duffy moved that the above-mentioned changes be
included in Appendix A of the report. There was no
second to the motion.
D. Wendin suggested K. Duffy write down her comments so they
can be added to the file on this subject.
H. Turner said he was uncomfortable with the prospect of deny-
ing public access to the garden area.
D. Wendin presented the draft lease agreement, and pointed out
that the value of any remaining lease would be based on the
determination that current investment is defined as capital
improvements made in the first three years of the lease period.
A "buy out" of the lessee ' s interest would be possible after
-Live years.
Geri Albers, 925 Arbor Road, Menlo Park, referred the Board to
Public Resources Code section 5563, and suggested the District
must make a determination that the land is temporarily unneces-
sary for park or open space purposes if the land is to be
leased.
S . Norton said it would be a good idea to insert a provision
in the lease to that effect.
Meeting 77-20 Page four
D. Wendin explained that insurance for damage by "fire or other
casualty was expensive to obtain because of the nature of the
property. If neither the lessee nor the lessor choose to repair,
then the proceeds of the insurance would be split in the event
there was damage to the property.
M. Levine agreed that four months was a reasonable time for
repair, once the decision to repair had been made.
Michael Block, 509 Rhodes Drive, Palo Alto, asked if the $100 ,000
limit on property damage insurance should be escalated period-
ically. S. Norton said there were no adequate standards for
making specific limit determinations , but perhaps the paragraph
could be reviewed every five years . M. Levine said this would
be acceptable to him.
D. Wendin stated the consensus that the property damage limits
in Paragraph 23 of the draft lease be adjusted every five years
upon negotiation, and if the parties can't agree, the adjustment
would be tied to the consumer price index.
N. Hanko asked if Mr. Levine would agree to giving public access
twice a year during the lease term. He said that would be fine.
D. Wendin disagreed, stating that any public access to the house
more than once a year should be as stated in the lease - "at the
discretion of lessor. "
Robert Mark, 725 Cowper, Palo Alto, said any number of people
could show up to one of these "open houses" and that publicity
would be generated by the restoration.
A. Crosley advised that Bob Bentley, Los Altos, asked that his
support for the lease be transmitted to the Board.
Motion: K. Duffy moved that the Board accept the draft lease
agreement as amended, with non-substantive changes ,
and that the President be authorized to execute it.
E. Shelley seconded the motion.
Discussion: S . Norton proposed to amend paragraph 1
to add the phrase "considering that this land is
temporarily unnecessary for park or open space purposes. . . "
D. Wendin stated the consensus that this phrase be
added to the draft lease. 11. Hanko urged a favorable
vote on the lease and said she felt Mr. Levine had been
very cooperative. Artemis Ginzton, 28014 Nahoma, Los
Altos Hills , said she felt this was an important enough
issue that all Board members should be voting on it.
D. Wendin said he had given the matter considerable
thought and had come to the conclusion that it would
not be a good idea to create an inholding for 25 years.
K. Duffy reminded the Board that one of the reasons
the site was acquired was the historic aspect of t'-Ae
Meeting 77-20 Page five
She said the history surrounding the Fremont Olders was
exciting, and the District had asked for viable restoration
plans in its use and management plan. She felt Mr. Levine
had presented a unique plan and would be a cooperative
lessee. Kathy Kaiser, Bonita Avenue , Mountain View, said
the District should consider preplanning for the use of
historic structures , since there are or will be other
buildings of an historic nature which may be as important
or more important as the Fremont Older home. The Dis-
trict should have a policy on this kind of resource, she
added. Gordon Jennings , 3611 Woodside Road, Woodside,
said the fact that Mr. Levine ' s offer was generous should
not be the only criteria for deciding on the lease. He
said the District was inexperienced when it bought the
property, and the threat of an injunction against it was
a sad move and poor precedent. He said he felt the
building was in atrocious condition, and the District is
not in the historic preservation business. He further
felt approving the lease was not in the best interests
of the District. E. Shelley said he felt the District
should be open to this kind of experiment. Arthur Ogil-
vie, Santa Clara County Planning Department, said lie
thought the District would be more like East Bay Regional
Park District, and he said he felt the District should
be involved in more activities than just open space.
Linda Stuckey, 22600 Prospect Road, Cupertino, said she
did not think there should be any more delays on this
project and urged a favorable vote. 11. Levine suggested
that fencing be installed if there is further delay.
He said he appreciated the Board members ' exploring this
possibility as fully as they have. G. Albers said the
District does have to be practical, and should have a
policy on structures. She reminded the Board of the
District 's recent name change, and asked them to consider
if historic restoration of a house or museum is a park
or open space function. She cautioned that increased
public use gets expensive. Carol Block, 509 Rhodes Drive,
Palo Alto, said she visited the site and felt distressed
that public access to the area would be limited to once
or twice a year. She added that the lease was a nice
offer, but did not reflect the purpose of the District.
H. Turner said he felt M. Levine would be an excellent
tenant, and he could appreciate the romanticism of the
site.
Motion: D. Wendin moved to continue this agenda item to Wednes-
day, August 17 , 1977 at 7 : 30 P.M. li. Turner seconded
the motion.
Amendment: E. Shelley amended the motion to table the
agenda item until seven Board members are in attendance
at a meeting. H. Turner seconded the amendment. The
Meeting 77-20 Page six
motion to amend passed on the following vote: AYES -
N. Hanko, E. Shelley and H. Turner; 140ES - K. Duffy and
D. Wendin. The motion passed unanimously.
H. Grench said it appeared that September 14 would be the first
meeting at which all Board members would be present.
Motion: K. Duffy moved that the remainder of Mr. Levine 's deposit
be returned to him. N. Hanko seconded the motion.
Discussion: D. Wendin said he felt the deposit should
not be returned yet, since the Levines were aware that
portions might be spent and that public agencies tend
to move slowly. K. Duffy said good faith works both ways .
The motion passed on the following vote : AYES - K. Duffy,
E. Shelley, H. Turner and N. Hanko; NO - D. Wendin.
The meeting was recessed at 10 : 30 P.M. and reconvened at 10 :44
P.M.
C. Meeting with San 11111ateo County Parks and Recreation Commission
A. Crosley advised that the San Mateo County Parks and Recreation
Commission was agreeable to holding a joint meeting on Saturday,
September 24 , 1977 .
D. Wendin stated the consensus that the meeting begin around noon
on September 24 .
H. Grench said details of the meeting would be discussed with San
Mateo County staff.
VIII. NEW BUSINESS WITH ACTION REQUESTED
A. Proposed Land and Water Conservation Fund Application
H. Grench introduced his report (R-77-39) dated August 5 , 1977 ,
regarding a Proposed Land and Water Conservation Fund Applica-
tion for a portion of baylands in the East Palo Alto-East Menlo
Park Baylands Preserve which is proposed. He said the District
would ask for $500 ,000 in grant funds , with the 50% matching
funds of the District representated by a potential gift of land
in the Woodside area. He said eleven different public agencies
and private landowners would be involved in a joint project to
provide a marina, park, and open space area for residents ' enjoy-
ment. He recommended that the Board approve a resolution approv-
ing application for the funds, but he emphasized that the decision
to apply was not a decision to acquire the property outlined in
the application.
Mr. Bill Lewis , Leslie Salt Company, requested that the Board
continue this matter to give his company additional time to
study the proposed project.
Meeting 77-20 Page seven
J. Olson said he had spoken with a Leslie Salt representative
who said he was comfortable with the proposal concept. He said
appropriate jurisdictions have been contacted regarding the
application.
D. Wendin stated the consensus that the Board consider continu-
ation of this agenda item later in the meeting.
B. Proposed Legislative Subcommittee
N. Hanko introduced her memorandum (M-77-153) dated August 4 ,
1977 , regarding a Proposed Legislative Subcommittee of the Board,
which would study current legislation important to the District
and make recommendations to the Board, relieve the staff of the
job of following proposed legislation, and recommend new legis-
lation when appropriate. She said her recommendation would be
that three Board members would be appointed by the President to
serve on t1iis standing committee and meet periodically with the
General Manager and/or Legal Counsel as needed.
D. Wendin said he would like to add the phrase "upon referral
by the Board" to the charter presented by N. Hanko. N. Hanko
agreed with the addition.
Motion: N. Hanko moved adoption of Resolution No. 77-32 , a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Open Space District Amending Rules of Procedure
to Add a Legislative Subcommittee as a Standing Subcom-
mittee of the Board of Directors . D. Wendin seconded
the motion. The motion passed unanimously.
Motion: N. Hanko moved approval of the three points raised in
the second paragraph of her memorandum (M-77-153) as
amended to be the charter of the Legislative Subcommittee.
D. Wendin seconded the motion.
Discussion: Robert Mark, 725 Cowper, Palo Alto, said
he hoped the charter is broad enough to include legis-
lation other than that which directly affects the Dis-
trict. The motion passed unanimously.
D. Wendin asked staff to prepare a resolution amending the Rules
of Procedure to change all references to "subcommittee" to read
11committee. "
D. Wendin appointed N. Hanko and R. Bishop as the first two mem-
bers of the Legislative Subcommittee.
A. Proposed Land and Water Conservation Fund Application (cont. )
D. Wendin stated the consensus that this agenda item be continued
to Wednesday, August 17 , 1977 at 7 : 30 P.-M.
Meeting 77-20 Page eight
C. Property Tax Relief
N. Hanko introduced her memorandum (M-77-154) dated August 4 ,
1977 , regarding Property Tax Relief legislation which is pro-
posed in the current legislative session. She said that al-
though property tax reform is something she could support, she
also feels property tax is a valid source of income for the
District. She pointed out that an impact study compiled by
R. Mark showed that "ceilings" on property tax could have a
substantial effect on the ability of the District to purcilase
land over the long term. She said State Senator Jerry Smith
was interested in the District' s input, and she recommended
that he be contacted.
D. Wendin asked if a presentation by Senator Smith or his repre-
sentative could be arranged for a Legislative Subcommittee meet-
ing. N. hanko said she would try to do this.
H. Turner and G. Jennings said they would be interested in the
assumptions used for the impact study. R. Mark responded that
the results were rough figures that may not be particularly
sensitive to some factors.
D. Cancellation and Possible Rescheduling of August 24 Meeting
H. Grench introduced his memorandum (M-77-152) dated August 4 ,
1977 , regarding the Cancellation and Possible Rescheduling of
August 24 Meeting. He said there would not be a quorum available
for the regularly scheduled August 24 meeting, but recommended
the Board tentatively schedule either August 17 or 31 as an alter-
native date.
Motion: D. Wendin moved cancellation of the Regular Meeting of
August 24 , 1977 . H. Turner seconded the motion. The
motion passed unanimously.
D. Wendin stated the consensus that a Special Meeting of the Board
of Directors be held at 7 : 30 P.M. , Wednesday, August 27, 1977 ,
at the District offices.
E. Resolution of the Board of Directors of the Midpeninsula
Regional Open Sk!ace District Approving Certificate of Authority
of Officers (United California Bank)
J. Melton asked that the Board approve a resolution verifying
the signatures of those Board and staff members authorized to
sign checks and other documents on the District' s behalf, which
the District' s paying agent, United California Bank, has re-
quested.
Motion: D. Wendin moved adoption of Resolution No. 77-33, a
Resolution of the Board of Directors of the Midpeninsula
Meeting 77-20 Page nine
Regional Open Space District Approving Certificate of
Authority of Officers (United California Bank) . E.
Shelley seconded the motion. The motion passed unani-
mously.
IX. INFORMATIONAL REPORTS
A. Review of MROSD Draft Master Plan by Mountain View Parks
and Recreation Commission
E. Shelley reported that he had attended a meeting of the Moun-
tain View Parks and Recreation Commission recently. The Commis-
sion reviewed the District's draft Master Plan and expressed
interest in District acquisition of orchards in the flatlands ,
and District reconsideration of a Stevens Creek Trail System.
B. Intergovernmental Parks Project
H. Grench said the Board of Supervisors of Santa Clara County
would consider the Santa Clara County-Sunnyvale-Midpeninsula
Regional Open Space District intergovernmental parks project
on August 15. He asked if a Board member would be willing to
attend and speak on the District 's behalf.
D. Wendin said he would try to attend. N. Hanko said she would
be D. Wendin' s alternate.
C. Office Space Requirements
H. Grench advised the Board that staff was close to presenting
a recommendation on office space. It appeared that the two best
alternatives for the near future would be to remain in the Dis-
trict ' s present location or move across the street to Distel
Circle. The District 's Financial Analyst was preparing an
analysis comparing the cost of renting space versus the District
owning its own building.
D. Fire Hazard on District Property
J. Olson reported that staff had closed District sites recently
during the days designated by the California Division of Forestry
as "Red Flag Days" when fire danger is extreme. He said such
days occur on the average of four days per year, and it would
be staff' s intention to follow the Division of Forestry' s guide.
X. CLAIMS
Motion: D. Wendin moved approval of the revised claims (C-77-
17) dated August 10 , 1977 , as presented. K. Duffy
seconded the motion.
Discussion: H. Grench requested that a claim No. 3514
be added in the amount of $11,500 to represent a refund
of Mr. Mort Levine ' s security deposit for the Fremont
Meeting 77-20 Page ten
Older Open Space Preserve ranchhouse lease proposal.
D. Wendin and K. Duffy agreed that this be added to
the claims list. The motion passed unanimously.
D. Wendin stated the consensus that N. Hanko be designated Act-
ing Secretary for purposes of this meeting.
XI. EXECUTIVE SESSION
The Board recessed to Executive Session at 11 :45 P.Z-41. to discuss
land negotiations.
XII. ADJOURNMENT
The Board reconvened to adjourn at 12 : 15 A.M.
Anne Cathcart Crosley
District Clerk
A. Minutes of August 10, 1977
N. Hanko said a portion of the last sentence on page four under
the motion is missing and requested it be inserted. Upon re-
viwing tapes of the August 10 meeting it was determined the
sentence should read "K. Duffy reminded the Board that one of
the reasons the site was acquired was the historic aspect of
the buildings and gargens. "
N. Hanko advised that the date in section D. , page 8, third
paragraph should be August 17 , 1977 .
K. Duffy requested that her statement in the discussion por-
tion of the motion on page 6 be clarified to read "Mr. Levine
had met the good faith deposit required by the District. "
Geri Albers, 925 Arbor Road, Menlo Park asked that the refer-
ence to "historic restoration of a house" be deleted on page
five as she is not opposed to historic restoration. She
suggested insertion "of a residence" . She also asked that
the minutes specify that she cautioned the Board that build-
ings get expensive and hoped that access to District properties
would not be limited in the next 25 years due to building
maintenance costs.
Il
D. Wendin stated the consensus that the minutes of August 10,
1977 be approved as amended, with B. Green abstaining because
she had not been present at that meeting.