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HomeMy Public PortalAbout19800709 - Minutes - Board of Directors (BOD) Meeting 80-15 A- dr *am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Board of Directors July 9, 1980 375 Distel Circle, Suite D-1 Los Altos, California I. ROLL CALL The meeting was called to order by President Barbara Green at 7: 34 P.M. Members Present: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. H. Hanko arrived at 7 : 36 P.M. and R. Bishop arrived at 7:55 P.M. Member Absent: Daniel Wendin. Personnel Present: Craig Britton, Steve Sessions, Stanley Norton, Michael Foster, Eric Mart, Cynthia DiGiovanni, Del Woods, Pat Starret, Joan Combs, Nancy Leis, Suzanne Shipley, Charlotte MacDonald , William Upson, Susan Bayerd, and Jean Fiddes. II. APPROVAL OF MINUTES A. June 25, 1980 E. Shelley requested that the minutes indicate that he voted against approving the Revised Claims C-80-11 (Page Six-CLAIMS) because of claim 1179 to Katherine Duffy for $8.51 for a pri- vate vehicle expense. Motion: H. Turner moved the approval of the revised minutes of June 25, 1980. B. Green seconded the motion. The motion passed unanimously. III. WRITTEN COMMUNICATIONS J. Fiddes noted there was an additional written communication, dated July 8, 1980, from the East Palo Alto Municipal Council which included the adopted resolution regarding the District's non-involvement in the development of a marina in and about Cooley Landing. B. Green noted she had attended the Council 's meeting of Monday, July 7, 1980 and said that the resolution had passed without comment. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 80-15 Page Two IV. ADOPTION OF AGENDA C. Britton requested the addition of Special orders of the Day. The revised agenda was adopted by consensus. V. ORAL COMMUNICATIONS There were no oral communications. VI. SPECIAL ORDERS OF THE DAY C. Britton introduced Suzanne Shipley, the District's new Accounting Specialist. VII* PUBLIC HEARING A. Disposition of the Hassler Health Home Buildings S. Sessions introduced report R-80-40, dated June 26 , 1980, re- garding the disposition of the Hassler Health Home buildings. He noted that the agenda item was a continuation of the May 28, 1980 Public Hearing to consider proposals for uses of the buildings and stated the Golden Gate Council of the American Youth Hostel was interested in proceeding with the study phase of a possible youth hostel in the duplex and doctor' s house on the Hassler site. He stated that staff was proposing that the District proceed with an Environmental Assessment for the demolition of all the struc- tures on the Hassler site, with an amendment in the contract al- lowing for a study on the retention of the duplex and the doctor' s house for use by the American Youth Hostel. He showed slides of the Hassler site, including the two buildings that may be retained. Mark Ahalt, Hostel Development Manager for the Golden Gate Council of American Youth Hostels , reviewed the responsibilities of the Golden Gate Council and noted that the Council was looking at the Hassler site in terms of feasibility of the two structures for conversion to a hostel, including structural stability and utility connections, and location in terms of biking and hiking connections. He stated the Council ' s Executive Committee had committed $500 toward the Environmental Impact Report to evaluate the retention of the two buildings and the operation of a youth hostel on the site. He noted that if more than $500 was required from the Council, he would have to return to the Executive Com- mittee for an additional financial commitment. He added that the Council' s architect would be studying the plans of the structure to help determine what capital outlay would be needed to start a hostel and noted that he would let the District know as soon as possible whether the Hassler site was a viable loca- tion for a hostel and within the financial constraints of the Golden Gate Council. Discussion centered on vehicular access to youth hostels, and M. Ahalt noted that cars and motorcycles were not disallowed at American youth hostels. He noted that if the District did not allow vehicular access to the area, the Golden Gate Council would need to reconsider its proposal for establishing a hostel at the Hassler site. Meeting 80-15 Page Three N. Hanko asked hove ie $13, 000 cost for the E ronmental Impact Report compared witn the cost of demolishing tne two buildings being considered for the youth hostel. C. Britton responded that the cost for demolishing all of the structures was $100, 000-$200, 000, and he thought the cost for demolition of the duplex and the doctor' s hou-se might be $5, 000 for each structure. He noted, however, that the $13,000 in- cluded a separate report on the retention of the two buildings for a youth hostel. B. Green declared the Public Hearing open at 8 :03 P.M. J. Fiddes, noted that Mr. Richard Lynam, 3375 Brittan Avenue, No. 12, San Carlos, had telephoned the District office and requested that his comments be read at the meeting since he was not able to be in attendance. She stated that Mr. Lynam had voted to become a member of the assessment district since he understood that the land would become open space. He said there had been no dis- cussion about the possibility of a youth hostel on the Hassler site, and he and his wife were firmly opposed to a youth hostel at Hassler for the same reasons he had previously relayed to the Board, which included the fear of possible fires. E. Shelley asked if residents near the Hassler Health Home site had been informed of the Public Hearing. S. Sessions responded that he had been in contact with members of the Brittan Heights Condominum Association and noted the Executive Board of the Association had discussed the possibility of a hostel. He felt the Executive Board was not opposed to a small hostel operation and that they were interested in the caretaking potential that the hostel might offer for the site. Jean Rusmore, a member of the Board of Directors of the Golden Gate Council, noted she had been in contact with Mrs. Judy Wahn, secretary of the Brittan Heights Condominium Association, to discuss the concept of the hostel and had sent her material on youth hostels. J. Rusmore noted that all cooking at the hostel would be confined to the kitchen and therefore she did not feel there was a great fire potential. She stated that although the American Youth Hostel did allow motorcycles at their facilities, the caretaking potential of a hostel on the site might keep unauthorized motor- cycles off the Hassler property. E. Shelley noted that American Youth Hostels would probably want to be made aware of all restrictions that the District might impose at the site since such restrictions might affect their determination to establish a hostel on the Hassler property. Artemis Ginzton, a member of the Board of Directors of the Golden Gate Council, noted she was looking forward to working with the District and hoped that a viable chain of hostels could be established that would connect the Baylands to the Skyline Cooridor. She asked if the possible hostel at Hassler would be restricted to a certain number of beds by the District and whether it would be possible to add additional facilities. Meeting 80-15 Page Four C. Britton responded that he thought the grant used to purchase the property did allow for additional buildings, used for re- creational purposes, to be built and that the District might impose a maximum number of beds for the hostel. B. Green declared the Public Hearing closed at 8 : 21 P.M. Motion; N. Hanko moved that the Board authorize staff to solicit bids and award a contract for the services of a consul- tant to prepare the required environmental assessment documents and authorize the expenditure of up to $13, 000 for the preparation of the Environmental Impact Report. B. Green seconded the motion. The motion passed unani- mously. VIII. B. Determination of Public Necessity - Proposed Addition to Russian Ridge 02en Space Preserve (Coplon Property) H. Turner stated he was in a conflict situation on this item and it was his intention to abstain from all discussion and any voting. S. Sessions introduced report R-80-37, dated June 27, 1980, noting that the subject property was a key part of the planned Skyline Corridor Trail and was included on the Santa Clara and San Mateo Counties Trails Plan, as well as the Portola Valley Trail Plan. He reviewed a map of the property, noting that the property affords 360 degree vistas, is highly visible from Skyline Boule- vard and Russian Ridge, and that any development on the ridgetop would impact the scenic Skyline Corridor, on which the property fronts. He showed slidesof the property, discussed the visual impact of any development, and reviewed the use and management recommendations contained in the report. He noted that the planned Skyline Corridor Trail would most logically be routed on the existing Russian Ridge Open Space Preserve and would continue through the subject property to connect with Mt. Melville and Windy Hill. C. Britton stated that negotiations to acquire the property were at an impasse, noting District staff had tried, since before Dr. Coplon acquired the property, to work out a purchase agree- ment in which mutual interests could be accomodated. B. Green declared the Public Hearing open at 8 : 34 P.M. Dr. Norman Coplon, 770 Welch Road, Palo Alto, addressed the Board and argued for a delay in their condemnation decision since he felt no true negotiations on the part of the District had occurred. He stated that possibilities presented to him by District staff always changed and that there had been no firm offers made for the property. He thought that the District could purchase the ridge area and leave him with a building site and noted that in negotiations, he had continuously stated that he was anxious to have a building site and sell the rest of the property to the District. He distributed a map of the Russian Ridge Open Space Preserve, which had been given to him by C. Britton, noting that from the map it appeared that the District was interested in purchasing the prominent 80 acres of the property and allowing him to retain the western portion of the property for a home site. Meeting 80-15 Page Five Dr. Coplon noted th -and in question was outs. the District' s boundary and questioned the authority and legality of the District to condemn lands outside its boundary. He stated he had undertaken necessary surveying to produce a legal parcel and noted that a map, which he had not previously reviewed and which was submitted to the San Mateo Planning Commission on June 25, 1980, in- cluded a home site that had been arbitrarily placed on the ridgetop. He stated he was not interested in a building site as placed on that map and was interested in a lower site overlooking the ocean. He stated he was anxious to deal with the District so he could have a building site and asked whether, if condemnation took place, the whole parcel would be dedicated, and if not, what would happen to the undedicated portion. C. Britton responded staff was recommending dedication of the entire parcel and discussed the history of the negotitations with Dr. Coplon, noting that two appraisals of the property had been done, one by the District and one by the Coplons and that the District had never had a proposal back from the Coplons stating their selling price. R. Bishop asked if it would be feasible to allow Dr. Coplon to retain the western portion of the property for a home site. C. Britton said that any structure would have a visual impact, noting that the property was steep and a home would probably r have to be built on a flat area and a road to such a home site from Skyline Boulevard would also have visual impact. B. Green asked S. Norton about the legality of condemnation of land outside the District boundary. S. Norton responded that the District' s code specifically speaks in terms of the District being able to acquire land outside the District by purchase, condemnation, or other means. Dr. Coplon stated that he felt there was a potential for a home site that would be hidden from trails and that he had not yet investigated other possible access easements to such a site. E. Shelley asked what effect a home site on the property would have in terms of management of the land. S. Sessions responded that the visual impact of the home, the access road, road maintenance, and hiking/fencing stiles would have to be considered. Bill Lewis of Cupertino asked if staff had ruled out the possibility of locating a building site on the property. C. Britton responded that staff had ruled out the possibility. Artemis Ginzton said she was distressed that the District was considering condemning the entire parcel when discussions had, at one time, included buying only a portion of the parcel. She noted she did not personally feel it necessary to have all houses out of a viewshed. Meeting 80-15 Page Six Richard Schwind, President of the South Skyline Association, read and distributed a letter, dated July 8, 1980, to the Board urging that the District continue its negotiations with the Coplons with- out using the power of condemnation. Lynn H. Quam, 20300 Skyline Boulevard, expressed his objection to the fact that he, an ajacent landowner to the subject property, had not been notified of the Public Hearing and his concern of the use of eminent domain in a situation involving an aesthetical question of visual impact. Robert Augsburger, 35 Granada Court, Portola Valley, stated he felt any development on the property would have a negative impact on the creation of a scenic Skyline Corridor and noted that, at times, it was not possible to have recreational and residential uses in the same area. Bill Bartosh, Route 2, Box 426, La Honda, felt it was inconceivable that a compromise could not be worked out between the District and the Coplons. Bob Fisse, 20225 Skyline Boulevard, questioned the staff about the condemnation process and the District' s ability to condemn land outside its boundary. He noted that if the Board con- demned the Coplon property a Pandora' s box of development in the Skyline area might be opened and he urged the Board to delay its action, undertake renewed negotiations, and come to a mutually satisfying agreement. Robert McKim, 864 Cedro Way, Stanford and an adjacent property owner, questioned what members of the staff were qualified to provide visual expertise on the matter. Eric Isacson, P. O. Box 1511, Saratoga, asked that the Board not adopt the Resolution of Public Necessity since he did feel all possibilities for negotiation had been thoroughly pursued and since condemnation would set back the feeling 0� trust that had been developed with Skyline residents. B. Green declared the Public Hearing closed at 10: 10 P.M. R. Bishop stated he felt the staff had made a bona fide effort to negotiate with the Coplons and that this was an important piece of property to retain as open space. E. Shelley stated that any further delay would be an ill-use of the public money because of the increasing land costs. K. Duffy noted that two years of negotiations had not produced any results and said the property was critical because of the long stretch of the ridge where there were no homes or roads. Motion: R. Bishop moved the adoption of Resolution 80-34, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Finding and Requiring that the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, to Wit: for I Meeting 80-15 Page Seven Public Park, Recreation and Open Space Purposes, Des- cribing the Properties Necessary Therefore and Authorizing and Directing Its Legal Counsel to Do Everything Necessary to Acquire All Interests Therein (Russian Ridge Open Space Preserve - Coplon Property) . B. Green seconded the motion. The motion passed on the following vote: AYES: K. Duffy, B. Green, R. Bishop, E. Shelley, and N. Hanko. NOES: None ABSTENTIONS: H. Turner. The Board recessed for a break at 10 :20 P.M. I The Board reconvened for the public meeting at 10:50 P.M. I N. Hanko requested that the Board discuss Item 6 of the agenda, Proposed Addition to Manzanita Ridge Open Space Preserve (Bell Property) before the other remaining agenda items since she thought she might have to leave the meeting before that item was considered. The Board agreed by consensus to discuss Item 6 at this point in the meeting. IX. NEW BUSINESS WITH ACTION REQUESTED i A. Proposed Addition to Manzanita Ridge Open Space Preserve i _Bell Property S. Sessions introduced report R-80-42 , dated July 2 , 1980, regarding the opportunity to purchase approximately 83 acres of land off Kennedy Road in the Town of Los Gatos that would become an addition to the Manzanita Ridge Open Space Preserve. He reviewed the use and management recommendations contained in the report and noted that staff recommended that the property be withheld from dedication since it was separated from existing portions of the Preserve and to allow for possible transfer of property rights. I C. Britton stated that the property was being offered to the District for $148,000, with a 29% down payment ($43,800) and the balance to be financed over ten years at an annual interest rate of 8% . Motion: N. Hanko moved the adoption of Resolution 80-35, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Exercise of Option to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction. (Manzanita Ridge Open Space Preserve - Bell Property) K. Duffy seconded the motion. The motion passed unanimously. Motion: N. Hanko moved that the Board of Directors adopt the use and management recommendations contained in the staff report, withhold the property from dedication, and adopt Manzanita Ridge Open Space Preserve as the un- official name of the site. K. Duffy seconded the motion. The motion passed unanimously. Meeting 80-15 Page Eight X. OLD BUSINESS WITH ACTION REQUESTED A. Environmental Assessment to Proceed with Monte Bello Open Space Preserve Fire Breaks S. Sessions reviewed report R-80-39, dated July 1, 1980, re- garding the enlistment of the California Conservation Corps to cut fire breaks in strategic areas of the Monte Bello Open Space Preserve. He noted that part of the proposed fire management plan for the Monte Bello Open Space Preserve in- cluded the cutting of fire and fuel breaks and, although the project had not yet been approved by the Board, it was necessary to proceed with the breaks at this time in order to benefit from the service of the California Conservation Corps which would be provided to the District at no cost. He stated that the construction of the fire and fuel breaks would be recommended to the Board even if the fire management plan was not implemented. He reviewed a map of the burn patterns proposed in the fire management plan and noted that the plan covered a 20-25 year controlled burn cycle. He stated that environmental assessment documents for the fire breaks had to be prepared for review by the City of Palo Alto, which would become the lead agency. C. Britton noted that this agenda item was not being presented to the Board as preliminary approval for the entire controlled burn program. He stated the fire and fuel breaks were considered necessary for the protection of the Preserve and adjacent property. N. Hanko stated that she felt uncomfortable giving a blanket ap- proval to do the fuel breaks without being able to see the impact of the fuel breaks before the District sent the plan to the City of Palo Alto for approval. She asked if there would be a time when the Board could see the impact of the breaks before sending the plan to Palo Alto in order to make sure that no scenic views were being destroyed. E. Shelley stated that he felt the Board was dealing with a technical and potentially legal matter and that he did not feel the Board should decide where the fire breaks should be placed. S. Sessions stated that he had planned to inform the Board of the outcome of the environmental assessment, as well as the final determination of the assessment provided by the City of Palo Alto. Motion: E. Shelley moved that the Board approve the recommendations contained in report R-80-39 concerning the authorization of staff to enter into contract agreements with the California Conservation Corps to construct the fire breaks on the Monte Bello Open Space Preserve pending environ- mental clearance from the City of Palo Alto. R. Bishop seconded the motion. Discussion: Geri Albers, 925 Arbor Road, Menlo Park, askea where and how the fire breaks would be constructed. S. Sessions responded that the fire consultant would determine the exact location of the breaks and noted that the consultant tried to create natural breaks where they existed using methods such as discing, flail mowing, and removal of undergrowth with rakes and hoes. He stated that the areas under consideration for fire breaks where 1A and 1B on the Monte Bello Fire Management Area map. Meeting 80-15 Page Nine Motion to Amend: N. Hanko moved that the motion before the Board be amended to include the words "and this Board" after the words "pending environmental clearance from the City of Palo Alto" . B. Green seconded the motion to amend. Discussion: E. Shelley stated that the new motion placed on excessive burden on staff and noted that staff would be returning to the Board with the entire fire management plan. The motion to amend failed by the following vote: AYES: B. Green and N. Hanko. NOES: K. Duffy, R. Bishop, E. Shelley, and H. Turner. The initial motion was adopted by the following vote: AYES: K. Duffy, R. Bishop, B. Green, E. Shelley, and H. Turner. NOES: N. Hanko. XI. NEW BUSINESS WITH ACTION REQUESTED B. Proposed Acquisition of Stevens Creek Shoreline Nature Study Area S. Sessions introduced report R-80-38, dated June 26, 1980, regarding the acquisition of the 54 acre Crittenden Marsh parcel from Peninsula Open Space Trust (P.O.S.T) , which had recently been given the parcel by Leslie Salt. He reviewed the use and management recommendations contained in the staff report, noting that the parcel contained a segment of the proposed Bayfront Trail system. He noted that staff was recommending that the property be dedicated as open space and that the site be known as the Stevens Creek Shoreline Nature Study Area. C. Britton reviewed the terms of the acquisition, noting that Leslie Salt's donation of the property to P.O.S.T. made it possible for the District to acquire the property from P.O.S.T. at the bargain price of $208,000, the total amount of the previously awarded Federal Land and Water Conservation Fund Grant. He noted that there is a private easement down Critten- den Lane and that an agreement with the Santa Clara Water District would be required to provide public access rights to the property. Motion: E. Shelley moved the adoption of Resolution 80-36, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Stevens Creek Shoreline Nature Study Area) . B. Green seconded the motion. The motion passed unanimously. Motion: E. Shelley moved the adoption of the use and management recommendations contained in the report, the dedication of the property as open space, and the adoption of Stevens Creek Shoreline Nature Study Area as the offi- cial name of the site. B. Green seconded the motion. The motion passed unanimously. Meeting 80-15 Page Ten C. Proposed Exchange of Property Rights to Provide for a Trail Easement Connecting Thornewood and Wunderlich County Park (Oswald Property) C. Britton introduced report R-80-41, dated July 1, 1980, re- garding the granting of a waterline easement across the Thorne- wood property to Mr. Ralph Oswald in exchange for acquiring a public trail easement that would connect Thornewood and Wunderlich County Park via Mr. Oswald' s property. He noted that the District would contribute $12, 000 towards the con- struction of the waterline facility, including a fire hydrant. S. Sessions stated that no use and management recommendations were being made at this time and that staff would return to the Board when the trails plan for the area was designed. N. Hanko noted she was concerned about the proximity of the' trail to La Honda Road. Motion: H. Turner moved the adoption of Resolution 80-37, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interest in Real Property, Authorizing Officer to Execute a Water Pipe- line Easement in Favor of Skyline Water District, Authori- zing Officer to Execute Certificate of Acceptance of Grant of Trail Easement to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Property) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved that the Board dedicate the parcel as a trail easement and include this easement as an addition to the Thornewood property. R. Bishop seconded the motion. The motion passed unanimously. D. Appointment of Auditor for 1979-80 Fiscal Year M. Foster reviewed memorandum M-80-48, dated June 10, 1980, re- garding the appointment of the firm of Deloitte, Haskins and Sells as the District' s auditor for the 1979-1980 fiscal year. He noted the proposed fee for the audit would be $3,600. Motion: B. Green moved the appointment of Deloitte, Haskins and Sells as the District' s auditors for the 1979-1980 fiscal year. E. Shelley seconded the motion. The motion passed unanimously. xII. INFORMATIONAL REPORTS C. Britton reviewed current legislation of interest to the District including AB 3299 and AB 990. J. Fiddes announced the official period for filing nomination papers for the position of Director on Wards 3, 4, and 7 was Monday, July 14 through Friday, August 8. Meeting 80-15 "-*,age Eleven S. Sessions reported the presentation on the proposed controlled burn program for the Monte Bello Open Space Preserve had been rescheduled for Tuesday, July 22, 1980 at 7 : 30 P.M. at the Saratoga Summit CDF Station. S. Sessions requested a meeting of the Picchetti Winery Committee, and the meeting was set for Wednesday, July 16, beginning at 7 : 30 P.M. at the District office. K. Duffy asked how local city and county officials were notified of District acquisitions within their respective jurisdictions and requested that the matter be considered as a future agenda item. R. Augsburger announced that Barbara Doyle Roupe and Geraldine Steinburg were new Peninsula Open Space Trust (P.O.S.T) trustees and new Advisory Board members were Sue Crane, Craig Ritchey, David Mitchell, William Scandling, William Walsh, and Gordon Moore. B. Green stated the Board' s consensus that a letter be sent to Leslie Salt Co. thanking them for their gift of Crittenden Marsh to the Peninsula Open Space Trust. XIII. CLAIMS Motion: N. Hanko moved the approval of the Revised Claims, C-80-12, dated July 9, 1980. E. Shelley seconded the motion. The motion passed unanimously. XIV. EXECUTIVE SESSION The Board recessed to Executive Session at 11: 50 P.M. XV. ADJOURNMENT The Board reconvened to adjourn at 12: 55 A.M. on July 10, 1980. Jean H. Fiddes District Clerk