HomeMy Public PortalAbout19780111 - Minutes - Board of Directors (BOD) 7
A. AAW Meetin- 81
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regular Meeting
Board of Directors
111INUTES
January 11 , 1978 375 Distel Circle
Los Altos, CA
I . ROLL CALL
The meeting was called to order by President Wendin at 7 : 35 P.M.
Members Present : Richard Bishop, Katherine Duffy, Barbara Green,
Nonette Hanko, Edward Shelley, Harry Turner and Daniel Wendin.
Personnel Present: Herbert Grench, Jon Olson, Craig Britton,
Anne Crosley, Stanley Norton and Phyllis Lee.
APPROVAL OF MINUTES
A. Minutes of November 22 , 1977
D. Wendin pointed out that the minutes should reflect that E.
Shelley was present at the meeting. He stated the consensus
that the minutes of November 22 , 1977 be approved as amended.
B. 11inutes of December 3 , 1977
D. Tlendin stated the consensus that the minutes of December 3,
1977 be approved as presented.
C. Minutes of December 14 , 1977
D. Wendin asked that the third sentence in the first paragraph
under B on page twelve of the minutes reflect that five build-
ings were burned rather than four.
E. Shelley pointed out that the motion made on page sixteen of
the minutes was never formally withdrawn, although the Board
agreed to take no action on it. N. Hanko and B. Green asked
that the minutes reflect that they agreed to withdraw the
motion.
Robert Mark, 725 Cowper, Palo Alto, asked that the paragraph
summarizing his statement on page fourteen of the minutes
state that he felt there was a need for a policy providing
that activities such as bulldozing be performed under the
direct supervision of District staff.
Meeting 78-1 Page two
K. Duffy said she would like to add to her remarks on page eight
of the minutes to state that a challenge to the Master Plan should
be made for incorrect rating, but not for ownership.
D. Wendin stated the consensus that the minutes of December 14 ,
1978 be approved as amended.
III . WRITTEN COMMUNICATIONS
A. Crosley referred the Board to the following Written Communica-
tions : (a) a letter dated December 14 , 1977 from Gary Fazzino,
Palo Alto Councilmember, suggesting an on-site historic exhibit
to preserve some aspect of the Land community; (b) a letter
dated January 4 , 1978 from Geri Albers , 925 Arbor Road, Menlo
Park with suggestions regarding a survey of structures on Dis-
trict lands; (c) a letter dated December 17 , 1977 from Enid
Pearson, Conservation Director of the Peninsula Conservation
Center, expressing appreciation for the gift of land from Frank
and Josephine Duveneck; (d) a letter dated January 4 , 1978 from
the California Association of Parljl-. and Recreation Commissioners
and Board Members inviting District Directors to meet with CAPRCBM
members in Fresno from February 25 to 26 during the Annual Con-
ference of the California Park and Recreation Society; and (e)
a letter from Rick Thurber, Redwood City/Woodside Sierra Club
Group, 1641 Kentfield, Redwood City,regarding Redwood City
Baylands property.
H. Grench advised that he planned to attend the CRPS meeting in
Fresno. B. Green suggested that Board members consider whether
or not they would be interested in attending.
IV. ADOPTION OF AGENDA
N. Hanko asked that an Informational Report be given by staff
stating how memorial contributions to the District are handled.
H. Grench said the Site Naming Committee would be presenting
a report to the Board in the near future which would include
recommendations on donations to the District.
D. Wendin stated the consensus that the agenda be adopted as
presented.
V. OPAL COMMUNICATIONS
R. Mark said he wanted the Board to be aware that Stanford has
asserted that the public does not have an easement on its lands
located near Foothill Expressway. He said it was his opinion
that the public acquired an easement on the Stanford property
many years ago.
R. mark said he had recently walked along the overgrown road
which leads to Windmill Pasture on the recent gift of land
A. Minutes of January 11, 1978
B. Green referred to page seven second to the last paragraph, and
said that "staff member" should read "a Santa Clara County Parks
and Recreation Commissioner" .
B. Green referred to page seven, paragraph three. The Board
agreed by consensus that it should be clarified that J. Olson's
suggestion was not included in the Committee's report.
K. Duffy and H. Turner pointed out that following Aaron Gallup's
presentation on page six of the minutes the President of the
Board thanked Mr. Gallup.
K. Duffy pointed out that the word "could" should be "would" on
page three, paragraph four and that the Board agreed by consensus
to J. Olson's suggestion.
K. Duffy referred to page three, paragraph five, and the Board
agreed by consensus that at the meeting of January 11, 1978
it had been the consensus of the Board to have staff respond
to Mr. Obluda' s letter. In that same paragraph the Board agreed
by consensus that the staff was -not asked to report on the
issues as had been indicated in the minutes of January 11.
K. Duffy, referring to page five, paragraph eight, said that
N. Hanko's suggestion that the letter of explanation be sent to
the MTC and BCDC was also agreed to by Board consensus. She
expressed the feeling that when there is Board consensus on an
issue that it be stated clearly by the President so that the
District Clerk and staff will know exactly what the directions
of the Board are.
H. Turner pointed out that the motion on page five was on the
recommendations 1 through 4 "as revised to include letters of
explanation be sent to the MTC and BCDC. "
H. Turner stated the consensus that the minutes of January 11,
1978 be approved as revised.
Meeting 78-1 Page three
from the Duvenecks. He said, the .overgrowth provided a good
atmosphere for hikers and suggested the District give careful
thought before removing any of the brush.
Purusha Obluda, 31570 Page Mill Road, introduced a letter he
wrote to the Board. He asked the Board to request the Palo Alto
Fire Department to continue its investigation of the recent fire
that occurred on the former Burns property. He urged the Dis-
trict to meet with Page Mill Road area residents to discuss --fire
protection. He pointed out that the Appeals Court in San Francisco
ruled that the lower court should rehear the matter of Eldridge
v. Burns to clarify title to the property. He said he interpreted
this to mean that members of the Land community were entitled to
relocation, and he suggested District staff meet with representa-
tives of the Land to discuss their relocation rights. He also
urged the Board to ask the local District Attorney' s office to
drop trespassing charges against the six Land community members
who were arrested recently.
Winter Sojourner, 31570 Page Mill Road, said she had met with
other area residents to discuss their concern for adequate fire
protection. She said they would like to either start a volunteer
fire brigade or get a commitment from a public agency for fire
equipment and/or training. She wanted to know if fire departments
had easy access to District lands , and if the District was willing
to work with residents on their fire prevention plans.
J. Olson suggested that he could meet with Ms . Sojourner and
other interested people regarding fire protection planning.
D. Wendin said he would like to have staff respond to Mr. Obluda' s
letter, and R. Bishop added he would like a staff report on
these issues at the next regular meeting.
In response to a question from N. Hanko, J. Olson said most fire
trucks carried equipment which could cut fences to get to a fire.
He added that the District has to compromise with the fire depart-
ments regarding the standards to which District roads are main-
tained.
Gordon Jennings , 3611 Woodside Road, Woodside, urged the Board to
exercise caution where legal matters were involved.
VI . SPECIAL ORDERS OF THE DAY
A. Election of officers
Upon casting secret ballots for each office , the following Board
members were elected to serve as officers for 1978 :
President. . . . . . . . . .Harry Turner
Vice President. . . . .Katherine Duffy
Meeting 78-1 Page four
Secretary. . . . . . . . . . . . .Richard Bishop
Treasurer. . . . . . . . . . . . .Barbara Green (by consensus)
D. Wendin said he had enjoyed his year as President of the Board
and felt the District had accomplished a great deal during that
time. He added that there still remained many things to accom-
plish.
H. Turner presided over the meeting at 8 :09 P.M. He said he
intended that the District would continue its policies of
acquiring open space land for public use, providing sufficient
operations expenses to properly maintain the land, and keeping
overhead to a minimum.
VII. PUBLIC HEARING
A. Master Plan of the Midpeninsula Regional Open Space District
H. Grench introduced his memorandum (M-77-218) dated December 5,
1977 regarding the Master Plan of the Midpeninsula Regional Open
Space District. He pointed out that the Board had adopted the
Master Plan, except for lands owned by the Port of Redwood City,
at its December 14 , 1977 meeting. Since then, staff had talked with
representatives from the Port, the Bay Conservation and Develop-
ment Commission, the State Department of Fish and Game , the City
of Redwood City, and with William Spangle and Associates , Inc. ,
who developed the District's Master Plan. He advised that the
Port is operated by a Board of Port Commissioners appointed by
City Council of Redwood City. Port lands are included in a Special
Area Plan being conducted by BCDC and other agencies, which will
probably consider the future role of the Port and where dredging
spoils should be disposed of. The Port lands are designated under
State law for port related purposes , but this could include Dark,
open space , fishing and observation activities. He recommended
the following: (a) that the 135 acre Port lands remain the green
color shown on the blaster Plan map; (b) the words "Port of Redwood
City" be overlaid on the map to show some commitment to port use;
(c) the Master Plan designation for Port lands be re-evaluated
when the Special Area Plan is adopted; (d) a letter be sent to
Port and Redwood City officials explaining the District' s action;
and (e) a resolution be adopted which includes Port of Redwood
City lands in the District ' s blaster Plan.
N. Hanko pointed out that the District would need Redwood City' s
permission to buy Port lands , if the District were interested
in them.
H. Turner opened the Public Hearing at 8 :26 P.M.
Paul Freeman, Assistant Manager of the Port of Redwood City,
distributed a copy of legislation pertaining to the use of
Port lands. He pointed out that the BCDC and MTC haven 't
Meeting 78--1 Page five
completed their Special Area Plan, and he felt the District
should wait until that is finished. He said the Port needs
land for dredging spoils and they are "at odds" with the
State Department of Fish and Game. He said the Port has
expanded their marina access for public use.
R. Mark said the District' s analysis of the Port lands as
open space may be useful to the other agencies in their plan-
ning process. He urged adoption of the Plaster Plan.
In response to a question from N. Hanko, H. Grench said the
results of the BCDC plan might affect the District ' s Master
Plan analysis of Port land if it clearly indicated that the
land was to be developed. He said he did not feel the Dis-
trict's Master Plan would affect the other agencies now plan-
ning for Port lands.
R. Bishop said he felt the matter has been thoroughly studied,
and emphasized that the District has no zoning powers and
cannot acquire other public land without that jurisdiction' s
permission.
E. Shelley said if the Master Plan did influence other agencies ,
that was part of the District's obligation.
P. Freeman said he understood the Master Plan and its purpose,
but felt it could adversely affect the efforts of other
agencies. He said the Port would save energy and prevent
pollution , and he felt the District was guilty of tunnel vision.
H. Turner closed the Public Hearing at 8 :55 P.M.
N. Hanko suggested the letter of explanation be sent to the MTC
and BCDC also.
D. Wendin said the District has an obligation to educate others
regarding open space preservation, and the Master Plan is one
way to do this. He added that the Port legislation leaves
some discretion with Port officials regarding the use of their
lands .
Motion: D. Wendin moved approval of recommendations 1 through
4 of the General Manager ' s memorandum (M-77-218 , dated
December 5 , 1977) . K. Duffy seconded the motion.
Motion to Amend: K. Duffy moved to amend the motion
to eliminate recommendation No. 3 regarding re-•evalua-
tion of the Master Plan when the Special Area Plan
is completed. N. Hanko seconded the motion.
Discussion: K. Duffy said she felt amendments to
the Master Plan should only be done when the Board
and staff feel it is appropriate. H. Turner called
for a vote. The motion to amend failed on the following
Meeting 78-1 Page six
vote : AYES E. Shelley, K. Duffy and N. Hanko;
NOES - B. Green, R. Bishop, D. Wendin and H. Turner.
The motion passed unanimously.
Motion: N. Hanko moved adoption of Resolution No. 78-1 , a
Resolution of the Board of Directors of the Midpen-
insula Regional Open Space District Adopting Master
Plan (Port of Redwood City) . R. Bishop seconded
the motion. The motion passed unanimously.
VIII . OLD BUSINESS WITH ACTION REQUESTED
A. Policies Regarding Improvements on District Lands
K. Duffy introduced a memorandum (M-78-5) dated January 3 ,
1978 , from the Committee on Structures and Improvements on
Policies Regarding Improvements on District Lands . She said
the Committee had met to clarify the significance of the
National Register and to better define the policy on historic
buildings in statement No. 3 of the proposed policy. She
recommended adoption of the policies as presented by the
Committee.
Aaron Gallup, Historian from the State Office of Historic Pre-
servation, explained that a structure on the index of the
National Register need not have national significance in
order to be considered worthy of preservation. He said there
is a program which will provide matching grant funds for
items listed in the National Register. The funds can be used
for either acquisition or preservation. He said the National
Register is basically a planning tool , and that early identi-
fication of historic resources is important. He added that
the preparation of an Environmental Impact Report is usually
only required when demolition of an eligible structure is
proposed, or when there is great public interest involved.
He said a structure only becomes eligible after nomination,
then confirmation by professionals . The Process of determining
eligibility takes about two months.
In response to questions from staff, A. Gallup said about
$900 ,000 was available for grant funds for California last
year, with the average grant amount between $5 ,000 and $15,000 .
He thought that a survey of historic resources in the District
would be a project eligible for matching grant funds. The
survey could be conducted by consultants or qualified staff
members. He emphasized that nomination for the National
Register is separated from nomination and confirmation for
eligibility, and that registration does not affect private
property rights unless demolition is planned or federal money
is being used for modification or repairs. He said there
are opportunities to appeal decisions made by the State
Office of Historic Preservation.
Meeting 78--1 Page seven
B. Green said there were people in the community who had ex-
pressed an interest in salvaging building materials whenever
buildings are removed from District lands.
H. Turner stated the consensus that the following sentence be
inserted in place of the last sentence of the Policy Statement
on page two of the Committee 's report (R-77-58) : "The site
plan will consider the cost and practicality of salvaging
materials being removed. "
J. Olson suggested the words "as identified in the historical
resources inventory" be added in the last paragraph of the
second paragraph under Improvements which Contribute to the
Character of the Site on page three of the Committee ' s report.
He said he felt the other wording was too open-ended.
R. Mark said he felt the words "exceptional structures" should
be defined.
E. Shelley and R. Bishop said the words were used to indicate
that a structure need not be on or off the Historic Register
in order to be considered by the District for preservation.
Motion: D. Wendin moved adoption of the Policies Regarding
Improvements on District Lands as set forth in the
Committee ' s report (R-77-58) and as amended. R.
Bishop seconded the motion. The motion passed unan-
imously.
N. Hanko expressed the Committee ' s thanks to Geri Albers for
her letter with suggestions for a structures survey.
The Board recessed at 9 :55 P.M. and reconvened at 10 :09 P.M.
B. Site Naming Policies
K. Duffy and B. Green introduced a memorandum (PI-78-3) dated
January 5 , 1978 from the Site Naming Committee regarding Site
Naming Policies . The Committee recommended that the President
of the Board be authorized to send a letter to the Santa Clara
County Board of Supervisors and Historical Heritage Commission
suggesting that the name "Rancho San Antonio" for the new
North County Park would be consistent with names being con-
sidered for Permanente Creek Park. The Committee felt the
name complied with present and tentatively revised policies
of the District on site naming.
B. Green said Santa Clara County staff members appeared to be
amenable to this suggestion.
Motion: N. Hanko moved that the President of the Board be
authorized to send a letter to the Santa Clara County
Board of Supervisors and Historical Heritage Commis-
sion approving the name "Rancho San Antonio" for
the new North County Park. R. Bishop seconded the
motion. The motion passed unanimously.
Meeting 78-•l Page eight
IX. NEW BUSINESS WITH ACT-ION REQUESTED
A. Scheduling of Special Meeting with San Mateo County Parks
and Recreation Commission
H. Grench introduced his memorandum (M-78-4) dated January 4 ,
1978 , regarding the Scheduling of a Special Meeting with the
San Mateo County Parks and Recreation Commission. He said
Commissioners have agreed to a joint meeting with the District
on Wednesday, January 18 , 1978 at the District offices and
he recommended that the Board call a Special Meeting for that
date at 7 : 30 P.M. to discuss matters of mutual interest. He
said the staffs of both agencies would coordinate the prepara-
tion of the agenda.
Motion: N. Hanko moved that the Board call a Special Meeting
to be held with the San Mateo County Parks and Rec-
reation Commission on Wednesday, January 18 , 1978 ,
at 7 : 30 P.M. in the District offices to discuss nat-
ters of mutual interest. B. Green seconded the
motion. The motion passed unanimously.
B. Scheduling of Annual Goals Workshop
H. Grench introduced his memorandum (M-77-213) dated December
28 , 1977 , regarding the Scheduling of the Annual Goals Work-
shop. He recommended that the Board tentatively set Saturday,
February 4 , 1978 as the date for the Annual Goals Workshop
and that the President appoint a Committee to work with staff
to prepare an agenda for the Board' s consideration.
Following discussion , 11. Turner stated the consensus that the
Annual Goals Workshop be tentatively scheduled for Saturday,
March 18 , 1978 . With the consent of the Board, he appointed
D. Wendin and B. Green to serve on the Goals Workshop Committee .
C. Appointment of Peace Officer
H. Grench introduced his memorandum (M-78-1) dated December
27 , 1977 , regarding the Appointment of Peace Officer.
J. Olson said that Construction Ranger J. Boland had recently
completed requirements of the California Penal Code for his
appointment as a limited status peace officer. He recommended
that the Board adopt a resolution appointing James A. Boland
as a peace officer of the District.
Motion: D. Wendin moved adoption of Resolution No. 78-2 , a
Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Appointing Peace
Officer (James A. Boland) . R. Bishop seconded the
motion. The motion passed unanimously.
Meeting 78--1 Page nine
X. NEW BUSINESS WITH NO ACTION REQUESTED
A. Federal Land and Water Conservation Fund Grant for Proposed
Hassler Acquisition
H. Grench introduced his memorandum (M-78-2) dated January 6 ,
1978 regarding a Federal Land and Water Conservation Fund Grant
for Proposed Hassler Acquisition. He advised that the State
Department of Parks and Recreation is recommending to the
Bureau of Outdoor Recreation that $550 ,000 be approved in Land
and Water Conservation Funds for the acquisition of the Hassler
property by the District. He suggested that if the District
can obtain funds through other sources for a joint acquisition ,
the grant money could be used.
H. Turner suggested that the Hassler Committee, composed of
Directors D. Wendin, H. Turner and R. Bishop, be re-activated
to discuss joint acquisition possibilities with San Carlos.
In response to questions from G. Jennings and R. Mark, H. Grench
said he believed the District would have at least several months,
before signing a contract with the State, to turn down the grant
funds .
D. Wendin said it is his understanding that the Committee ' s
instructions would be to negotiate for a 50-50 split between
the City of San Carlos and the District for the approximately
$1. 5 million needed.
Motion: N. Hanko moved that the Board approve the appointment
of R. Bishop, D. Wendin and H. Turner as members of
the Hassler Committee . B. Green seconded the motion.
Discussion : H. Turner said he felt it would be
appropriate to include the State College Site in
the discussions, and that San Mateo County be con-
tacted if needed. He suggested the committee be
referred to as the Hassler/Edgewood Committee. N.
Hanko and B. Green agreed to his suggestions. The
motion passed unanimously.
XI . INFORMATIONAL REPORTS
A. Annual California Parks and Recreation Society Conference
H. Grench said he planned to attend the annual California Parks
and Recreation Society meeting in Fresno.
B. Green said if any Board members felt it would be worthwhile
for them to attend, they should remember to get prior Board
approval for expense reimbursement.
Meeting 78-1 Page ten
B. Memorial Contributions
H. Turner said he would like to see publicity on memorial
contributions made to the District.
B. Green said the Site Naming Committee is considering a pro-
posal from staff which includes publicizing contributions to
the District.
C. Legislative Committee Meeting
N. Hanko said the next meeting of the Legislative Committee
will be in February, but no date has been chosen yet.
D. Kaiser Access Road Status
J. Olson said the Santa Clara County Board of Supervisors has
appointed a Committee to investigate alternative access routes
to Kaiser. The Committee includes representatives from area
homeowners , the Cities of Los Altos and Cupertino, Kaiser,
Southern Pacific, and the trucking industry. He said the
technical advisory committee to this Committee includes a
representative from the District, but it appears there may
be an opportunity for the District to be represented on the
main Committee also.
D. Wendin said he would volunteer to act as the District' s
representative , and he suggested the District ask for repre-
sentation on the Committee.
H. Turner stated the consensus that a letter be sent to the
Santa Clara County Board of Supervisors asking that the Dis-
trict be represented on the Committee investigating alterna-
tive access routes to Kaiser.
J. Olson said he would advise the County by phone that the
request will be made.
E. Agricultural Leases
J. Olson advised that a report on agricultural leases would
be presented to the Board at its next regular meeting. In
the meantime, staff planned to begin some work on the Picchetti
site in preparation for grazing. The work would be done by
the individual who was expected to be leasing a portion of the
site for grazing. Should no lease be forthcoming, the indi-
vidual would simply be paid for the work performed. He added
that the work was a part of the adopted use and management
plan for the site.
Meeting 78-1 Page eleven
F. Nellis Subdivision Status
G. Jennings advised that the Nellis subdivision plans have
been approved with twenty-six conditions. The conditions
include providing an escape route and keeping all roof lines
below the ridge line.
J. Olson said there would also probably be a point where the
road and a trail meet, and he pointed out that the condition
requiring roof lines below the ridge line was at the sugges-
tion of the District. He said he felt cooperation between
the District and Cupertino ' s staff and Planning Commission
had been excellent.
XI . CLAIMS
Motion: B. Green moved approval of the revised claims (C-78-1)
dated January 11 , 1978 as presented. K. Duffy
seconded the motion. The motion passed unanimously,
with N. Hanko abstaining from Claim No. 493 .
XII. EXECUTIVE SESSION
The Board recessed to Executive Session at 10 :55 P.M. to dis-
cuss land negotiations.
XIII. ADJOURNMENT
The Board reconvened to adjourn at 12 :02 A.M.
Anne Cathcart Crosley
District Clerk