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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.