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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 E. Shelley pointed out that the motion made on page sixteen of the minutes was never formally withdrawn, although the Board agreed to take no action on it.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