HomeMy Public PortalAbout19780510 - Minutes - Board of Directors (BOD) Meeting 78-11
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regular Meeting
Board of Directors
M I N U T E S
375 Distel Circle
Suite D-1
May 10 , 1978 Los Altos, CA
I. ROLL CALL
The meeting was called to order by President Turner at 7:30 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 and Stanley Norton.
II. APPROVAL OF MINUTES
A. minutes of April 26 , 1973
Motion: E. Shelley moved that approval of the minutes of
April 26, 1978 be tabled until the next Board of
Directors meeting. B. Green seconded the motion.
The motion passed unanimously.
III. WRITTEN COMMUNICATIONS
A. Crosley said there were two written communications: one from
the staff of the Historical Heritage Commission regarding
Picchetti Winery, and another from Mort Levine, President of
Suburban Newspaper Publications, Inc. regarding the Fremont Older
ranch house.
B. Turner stated the consensus that Jon Olson draft a letter to
be signed by the President of the Board to the Historical Heri-
tage Commission giving them permission to make a survey of the
Picchetti Winery complex at no cost to MROSD.
H. Turner noted the letter from P. Obluda with staff memos attached
to it, and stated he felt no response was needed. The Board concurred.
IV. ADOPTION OF AGENDA
H. Turner said agenda item No. 9 , Claim for Damages, should have
been listed as "New Businesss With Action Requested" . He stated
the consensus that the agenda be adopted as corrected.
Meeting 78-11
Page two
V. ORAL COMMUNICATIONS
Mort Levine, President of Suburban Newspaper Publications, Inc. ,
announced the Fremont Older leasehold area and adobe had recently
been approved for National Registry Status by the State Historic
Resources Commission. He presented his letter of May 9, 1978 and
requested that the District consider turning over the master
leasehold to the El Camino Trust for Historic Preservation, with
the understanding that adequate funding would be provided to the
Trust and there would be basically no change in the lease itself.
Motion: N. Hanko moved that the letter from Mr. Levine be re-
ferred to staff for analysis and recommendation before
being acted upon by the Board. R. Bishop seconded the
motion. The motion passed unanimously.
Dorothy Jennings, 3611 Woodside Road, Woodside, asked if Mr. Levine's
request was related to any condition of sale of his newspaper.
Mr. Levine replied it did not. She also said she thought the
equestrian stile at Saratoga Gap was beautiful and a good idea.
VI. OLD BUSINESS WITH ACTION REQUESTED
A. Goals Workshop Followup
A. Crosley referred to her memorandum (M-78-75) on Goals Workshop
Followup dated March 31, 1978, which was postponed from a prior
meeting.
H. Turner stated the consensus that: a) possible support of
proposed legislation providing matching funds for volunteer
services be referred to Legislative Committee; b) feasibility
of using non-District caretakers on sites, and using trained
volunteers to patrol sites be taken care of at the discretion of
staff on a site-by-site basis; c) public perceptions of District
and its sites (possible survey) be left to the staff to include
in an Action Plan if it so chooses.
Motion: E. Shelley moved that the subjects of Board members '
roles (making policy, delegating work, auditing District
activities) and further Land Management Policy Refine-
ments (including publicizing sites, determining levels
of use) be slated as two policy items to be considered
after June 6th as agenda items for a possible Board/Staff
workshop. The motion was seconded by K. Duffy. The
motion passed unanimously.
Related to this motion, H. Turner requested that staff prepare
a brief report of the status quo for current policies and pro-
cedures prior to discussing Board members' roles, particularly
regarding auditing District activities.
Meeting 78-11 Page three
The Board agreed with D. Wendin that staff should not begin prep-
aration of this report until after June 6th.
N. Hanko said she felt procedures for handling communications from
the public should be addressed at the same Board/Staff workshop.
B. Response to Letter from Anon Forrest Regarding Alternative
Community
H. Grench introduced his memorandum (M-78-92) dated May 2 , 1978 ,
regarding a revised Response to Letter from Anon Forrest Regarding
Alternative Community.
Motion: H. Turner moved that the draft response prepared by staff
to the letter from Anon Forrest regarding an alternative
community be approved and sent as the Board' s response.
R. Bishop seconded the notion. H. Turner then amended
his motion to state the response would be signed by the
General Manager. R. Bishop agreed to the amendment.
Discussion: Marc Schneider, 1759 Woodside Road, Redwood
City, asked what enclosures would be sent with the letter.
H. Grench replied the intention was to send the court
documents that were attached to R. Bishop' s response to
Purusha Obluda plus the Basic Policy brochure of the
District. N. Hanko indicated she would abstain from
voting since she was absent during discussion of the
item at the last meeting. The motion passed on the
following vote: Ayes - D. Wendin, K. Duffy, R. Bishop,
B. Green, H. Turner and E. Shelley; Abstain - N. Hanko.
C. Procedures Regarding Concession and Other Use Proposals
E. Shelley referred to the May 3, 1973 memorandum (M-78-96) from
the Committee on Land and Facility Use (K. Duffy, E. Shelley and
N. Hanko) and read the Committee' s recommendations for Procedures
Regarding Concession and Other Use Proposals.
Robert Mark, 725 Cowper, Palo Alto, suggested that the following
words be added to item No. 1, under "Policies" , attachment No. 1
of memorandum M-78-96: "and is consistent with the protection
of natural and cultural resources. " He also suggested a fifth
item be added: "A permit or contract shall constitute a project
for the purpose of the California Environmental Quality Act. "
Motion: N. Hanko moved to amend attachment No. 1 of memorandum
11-78-96, item NO. 1, to read: "A finding be made by
the Board at the time a permit is approved that such
use is in the public interest and is consistent with
the protection of natural and cultural resources. "
H. Turner seconded the motion. The motion passed
unanimously.
H. Turner stated the consensus of the Board that Mr. dark' s second
suggestion be referred to the Committee on Land and Facility Use
for futher study and recommendation.
Meeting 78-11 Page four
Motion: E. Shelley moved that the Board adopt the proposed Con-
cessionary Use Policies to cover Policies on Concessions
on District Lands recommended in attachment No. 1 of
memorandum M-78-96, with adopted amendments, and with
the following changes:
Change the second "and" to "or" in the Policies
preamble; add "and policies regarding improvements
on District lands" after the word "Policy" in the
Policies preamble; change "will contain provision
for control of any unjust enrichment of the user. "
to "will contain provisions limiting the user to
reasonable profits. " in item No. 4 , under "Policies" .
B. Green seconded the motion. The motion passed unani-
mously.
D. Wendin said that while he agreed with the committee concept, he
felt it would be a mistake to make this a standing committee, as
there would be a substantial workload. He suggested that the
President be authorized to appoint an ad hoc committee as neces-
sary to review proposals following the procedures outlined in
this attachment.
E. Shelley responded that the purpose of a standing committee was to
streamline procedures, lessen time delay, and provide more direc-
tion to staff.
H. Turner stated the consensus that Step 2 (b) , Attachment No. 2,
memorandum M-78-96, be amended to read: "referred to Board with
specific action requested, which may include appointment of an
ad hoc committee" .
At R. Mark' s suggestion, E. Shelley recommended Step 1 of Attach-
ment No. 2 be amended to add "including the possible need for an
environmental impact study. " after the word "proposal" in the
first sentence. H. Turner stated the consensus to adopt the pro-
posed amendment.
D. Wendin suggested the title of Attachment No. 2 be changed to:
"PROCEDURE FOR REVIEWI14G PROPOSALS FOR USE OF MROSD LANDS AND
FACILITIES NOT OTHERWISE APPROVED IN ADOPTED LAND AND USE MANAGE-
MENT PLANS" .
Motion: H. Turner moved that the recommendation to adopt Attach-
ment No. 2 , made by the Committee on Land and Facility
Use in memorandum M-78-96 be sent back to the Committee
for the purpose of providing a preamble and considering
title revision. B. Green seconded the motion. The
motion passed unanimously.
Meeting 78-11 Page five
Motion: D. Wendin moved that the President be authorized to
appoint an ad hoc Use Review Committee, operating under
the procedures outlined in attachment No. 3 of memorandum
M-78-96, to review the pending proposals on Rancho San
Antonio, Picchetti, and Fremont older Open Space Preserves.
K. Duffy seconded the motion.
Amendment: D. Wendin moved to amend his motion to
replace the words "an ad hoc" with "a standing" .
H. Turner seconded the motion. The amendment passed
on the following vote: Ayes - H. Turner, N. Hanko,
K. Duffy, R. Bishop, E. Shelley and B. Green; No
D. Wendin. The amended motion passed unanimously.
Motion: H Turner moved that the existing "Land and Facility
Use Committee" be directed to combine present Board
Policies on the use of District properties into a single
standardized and integrated use policy. (This is recom-
mendation No. 5 of 14-78-96) . R. Bishop seconded the
motion. The motion passed unanimously.
H. Turner declared a ten-minute recess at 9: 10 p.m. to consult with
members of the Board before making appointments to serve on the new
standing Use Review Committee.
H. Turner reconvened the meeting at 9 :20 p.m. and stated that the
workload for the new committee was imposing enough that it was dif-
ficult to recruit Board members to serve on it.
Motion: R. Bishop moved to reconsider the motion under which the
standing Use Review Committee was created. E. Shelley
seconded the motion. The motion passed unanimously.
Motion: D. Wendin moved to amend the motion being reconsidered
by replacing the words "a standing Use Review Committee"
with "three separate ad hoc Use Review Committees" . E.
Shelley seconded the motion. The motion passed unanimously.
The amended motion (moved by D. Wendin, seconded by K.
Duffy) as restated provides that the President be author-
ized to appoint three separate ad hoc Use Review Committees,
operating under the procedures outlined in attachment No. 3
of memorandum M-78-96, to review the pending proposals on
Rancho San Antonio, Picchetti, and Fremont Older Open
Space Preserves. The amended motion passed unanimously.
E. Shelley said this did not necessarily preclude the creation of
a standing Use Review Committee in the future. D. Wendin made a
procedural point that staff would initiate work on these issues
by referring the proposals to the ad hoc committees for review.
Motion: H. Turner moved approval of the following nominations to
the three ad hoc Use Review Committees:
Meeting 78-11 Page six
Rancho San Antonio: E. Shelley, D. Wendin, B. Green
Picchetti: H. Turner, R. Bishop, K. Duffy
Fremont Older: K. Duffy, N. Hanko, D. Wendin
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Progress Report on Use and Management of Rancho San Antonio
Open Space Preserve
J. Olson introduced his report (R-78-17) dated May 4 , 1978, regard-
ing the Progress Report on Use and Management of Rancho San Antonio
Open Space Preserve.
R. Mark said he hoped the District would provide alternatives
before posting "No Parking" signs. J. Olson replied the signs
were intended to be placed on the inside of the site after the
bridge crossing, with plans to redesign the turn-around area.
B. Green commented that no action should be taken on recommenda-
tion Cl until after June 6th.
J. Olson amended recommendation El by adding the following sen-
tence: "In addition, the District may enter into a caretaking
agreement with the Duvenecks for caretaking of the camping area,
total cost not to exceed $3 ,000.1'
N. Hanko expressed concern that the area was difficult to find
and she questioned whether or not adequate signs were posted. J.
Olson replied the site had been deemphasized due to the narrow
road, limited parking, and steep climb, but that a brochure was
available giving clear directions to the site. H. Grench pointed
out that the entrance to Windmill Pasture still belonged to the
Duvenecks and the District had an agreement with them for access.
In response to a question from D. Jennings, J. Olson said the
$3 , 000 would be the limit of MROSDIs contract with the Duvenecks
to provide management of group camping and also provide a pres-
ence in the area.
Motion: B. Green moved adoption of the recommendations contained
in the Land Manager' s report (R-78-17) for the Rancho
San Antonio Open Space Preserve, as amended. K. Duffy
seconded the motion. B. Green amended her motion, with
K. Duffy agreeing to change the wording in
recommendation D2 from "adequate patrol" to "adequate
emergency patrol" . The amended motion passed unani-
mously.
B. Progress Report on Use and Management of Foothills Open Space
Preserve
Notion: N. Hanko moved continuation of this agenda item to the
next meeting. D. Wendin seconded the motion. The motion
passed unanimously.
Meeting 78-11 Page seven
C. Discussion of District Ordinance Regarding Dogs
J. Olson referred to his May 4, 1978 memorandum (14-78-94) regard-
ing a Discussion of District Ordinance Regarding Dogs and recom-
mended that the Board appoint a committee to study the question of
whether dogs should or should not be allowed on District lands,
and report back to the full Board when the study is completed.
In addition, he recommended that representation on the committee
should reflect the full range of opinion on the issue.
Motion: E. Shelley moved adoption of staff' s recommendation. R.
Bishop seconded the motion.
Discussion: Betsy Crowder, 133 Mapache, Portola Valley,
stated there was nowhere one could take dogs, which are
prohibited on beaches, in State parks, and in county
parks. She said she recognized some of the problems dogs
could create, but felt there were many well-mannered dogs
and thought some provision could be made to allow them
on the preserves.
David Tyack, 926 Cottrell Way, Stanford, said he was in
favor of a committee to review this complex issue. He
pointed out that most of the lands were once ranches
which probably had dogs on them. He said he felt it was
not really a total change in the ecology to have a few
dogs walking on the land. He added there were many al-
ternative steps between totally unregulated permission
for dogs and total prohibition ordinances and urged the
committee to look at regulations in Oregon, Canada,
England, and in National Forests where dogs are permitted.
He said San Mateo and Santa Clara Counties were rather
unusual in their prohibition rules. He also urged the
committee to look at the practices as well as the ordi-
nances in the East Bay, citing Tilden Park with its dog
run and Sunol Park where dogs are permitted under voice
and/or leash control. He suggested that Rancho San An-
tonio was probably not a good place to permit dogs, but
less heavily used, more remote areas with wide trails
might be OK. He cited the road trail from Stevens Creek
to Saratoga Gap as a possibility.
Geri Albers, 725 Arbor, Menlo Park, said she appreciated
the difficulty in finding places to walk dogs, but felt
that with the increased usage of District properties,
many other problems involving protection of the environ-
ment were likely to come up, and she did not feel the
issue regarding dogs should be a top priority issue.
N. Hanko asked if the intent was to allow dog owners in
the community to address the committee on this issue.
J. Olson replied that would be an option of the committee.
Ms. Hanko strongly urged that the committee hold night
meetings open to the public and that those members of the
public who have written to the District on this regard be
notified of this current study. The motion passed unani-
mously.
Meeting 78-11 Page eight
H. Turner stated the Board' s approval of the following nominations
to the committee: B. Green, R. Bishop, K. Duffy. R. Bishop stated
the understanding that the committee meetings would be held at
night.
D. Experimentation with Agenda order and Categories
H. Turner introduced his memorandum (M-73-86) dated April 19, 1978
regarding Experimentation with Agenda Order and Categories.
Motion: D. Wendin moved approval of H. Turner' s request to allow
him to work with the General Manager in experimenting
with other agenda orders and categories over the next
two or three meetings. N. Hanko seconded the motion.
The motion passed unanimously.
E. Proposed Palo Alto Rezoning of District Lands
N. Hank presented her report (M-78-100) dated May 8, 1973, regard-
ing Proposed Palo Alto Rezoning of District Lands and asked for
support of her recommendation in the form of a letter sent im-
mediately to the Palo Alto Planning Commission from the President
of the Board.
Motion: R. Bishop moved that the draft letter prepared by N. Hanko
to be signed by the President be sent to the Palo Alto
Planning Commission to support the retention of the OS
Open Space designation for Midpeninsula Regional Open
Space District lands in Palo Alto, since the purposes
of the OS District are compatible and better describe
the intended public uses than the PF Public Facilities
designation. B. Green seconded the motion. The motion
passed unanimously.
E. Shelley suggested that another letter was also in order asking
why the District was not given more notice on matters impacting
them.
F. Claim for Damages (Greg Estes)
S. Norton introduced his memorandum (M-78-99) dated May 5, 1978,
regarding a Claim for Damages from Greg Estes. H. Turner expressed
the Board' s need for an executive session to receive S. Norton' s
report before discussing this matter in public session.
Motion: R. Bishop moved continuation of this agenda item to the
next meeting. B. Green seconded the motion. The motion
passed unanimously.
VIII. NEW BUSINESS WITH NO ACTION REQUESTED
A. Budget Transfers
H. Turner acknowledged the Board' s receipt of the Land Manager' s
Meeting 78-11 Page nine
report (M-78-97) dated May 4, 1978, regarding possible Budget
Transfers.
D. Wendin asked that the minutes reflect the Board' s understand-
ing that there were no budget increases implied in the transfer
of items among categories. J. Olson noted the transfers might
represent possible utilization of contingency funds, but the staff
would have to return to the Board for action on that. He added
that there was no action requested from the Board at this time.
IX. INFOP14ATIONAL REPORTS
A. Report from H. Grench Regarding Propositions 8 and 13
H. Grench reported he had attended a meeting, sponsored by the
Municipal Finance Officers Association and other organizations
such as the California Parks and Recreation Society, for the pur-
pose of discussing SB 1 and Proposition 8 , and Proposition 13.
He said it was mainly a technical discussion on the way in which
Proposition 8 would be implemented. He noted with SB 1 and Propo-
sition 3 the District could expect a revenue increase of 70 over
this past year even though assessed valuation may go up by 15%
within the District. He said this 7% increase would not keep up
with the cost of the land the District is buying. He said some
of the meeting time was also spent going over the possible effects
of Proposition 13, but that no conclusions were reached since the
Proposition is so vague and difficult to understand. He said it
was possible that the District would have to go out of business
if Proposition 13 were passed. He noted that one guess as to
what might happen if Proposition 13 passed would be that the
legislators would pass decision-making problems on to the boards
of supervisors. It was also suggested that the constitutionality
of Proposition 13 could and probably would be challenged.
B. Report on Sempervirens Anniversary Celebration
C. Britton reported he had attended the 50th anniversary cele-
bration of the Sempervirens Fund held at the Marriott Hotel on
May 6th. He said the presentations were good and there were many
representatives from other public agencies present. He suggested
that Board members may want to attend these functions, perhaps on
a rotating basis.
C. Report on Letter from Fair Political Practices Commission
S. Norton referred to the May 2, 1978, letter from the FPPC
which included their proposed MROSD disclosure categories. He
said that as a result of subsequent conversation with Mr. Dickerson,
a revised draft would be sent to the District which would show
that staff would be required to list real estate interest only
Meeting 78-11 Page ten
within the District' s land planning acquisition area (as opposed
to throughout the State) . Mr. Norton said his position with the
FPPC thus far has been that the District has no objection with
what they are doing.
D. CPRS Conference
B. Green expressed her desire to attend this year' s CPRS Legis-
lative Conference and asked for reimbursement from the Board for
her expenses, excluding lodging.
H. Turner stated the Board' s consensus to approve funds for reim-
bursement of B. Green' s expenses in attending the CPRS Conference,
excluding lodging.
X. CLAIMS
Motion: D. Wendin moved approval of the revised claims (C-73-9)
dated May 10, 1978, as presented. E. Shelley seconded
the motion. The motion passed unanimously, with N. Hanko
abstaining on item No. 880.
XI. EXECUTIVE SESSION
The Board recessed to Executive Session at 10 : 50 P.M. to discuss
land negotiations.
XII* ADJOURNMENT
The Board reconvened to adjourn at 11: 55 P.M.
Janice Diane
Recording Secretary
JD:nw