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HomeMy Public PortalAbout19800723 - Minutes - Board of Directors (BOD) Meeting 80-16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Board of Directors M I N U T E S July 23, 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: 38 p.m. Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, Richard Bishop, Harry Turner and Nonette Hanko. Member Absent: Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, Steven Sessions , Charlotte MacDonald, Nancy Leis, Pat Starrett, Susan Bayerd, Jo Combs and Stanley Norton. II. WRITTEN COMMUNICATIONS There were no new written communications. B. Green read a letter received from Walter J. Skruch, Jr. , of the South Skyline Association, 20225 Skyline Boulevard, Woodside, regarding parking along Skyline Boulevard (Hwy. 35) . Discussion followed regarding the District's role in enforcing no parking regulations in that area. S. Sessions said he will be responding to Mr. Skruch' s letter for the District. Subsequent discussion followed on the type of signs posted along the Skyline Boulevard. S. Sessions commented that the District is trying to get the State to adopt a more scenic sign design, and he is in contact with the State on this matter. N. Hanko favored making "Signing on Skyline Scenic Corridor" a future agenda item and the Board agreed by concensus. After discussion on what the agenda item entailed, H. Grench expressed his understanding that the agenda item will have to do with the issue of getting more attractive signs along Skyline, as well as the number of signs, but will not deal with the issue of parking. The second communication from Mr. Richard Lynam, 3375 Brittan Avenue, No. 12, San Carlos, was read by B. Green regarding the Lynam s' opposition to the use of the Hassler site for a youth hostel. The Board directed that a reply be sent by staff to Mr. Lynam regarding his reasons for opposition. Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 80-16 Page Two III. ADOPTION OF AGENDA The agenda was adopted by consensus. IV. ORAL COMMUNICATIONS Beez Jones, 16891 Stevens Canyon Road, Cupertino, asked about the intentions of the Board members as to seeking re-election. B. Green said she, E. Shelley and R. Bishop had taken out nomination papers. V. OLD BUSINESS WITH ACTION REQUESTED A. Edgewood State College Site-Joint Acquisition Project with the County of San Mateo H. Grench gave a brief introduction of the subject, noting that this was the culmination of a project involving a federal grant, a State grant program, County funding, and cooperation between the District, San Mateo County and the State. C. Britton introduced report R-80-45, dated July 18, 1980, regarding the final process involving the Board' s ratification, which goes to the County and then the State for final approval. He noted changes needed to be made in the Joint Powers Agreement and stated that in Clause 9, the paragraph number should read "paragraph 10 herein" , instead of paragraph 8. Discussion centered on several aspects of the Agreement, including District rights, the intent of the Agreement, and whether the Agreement was tight enough to keep Edgewood from being used as an off-road vehicle park. It was stated and affirmed by the Board that the intent was that motorcycles, off-road vehicles and amusement park type of activities would not be allowed. Motion: H. Turner moved the adoption of Resolution 80-38 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of A Joint Powers Agreement for Purchase of Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant of Park, Recreation, Scenic, and Open Space Easement to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Edgewood State College Site) . R. Bishop seconded the motion and it was passed unanimously. VI. PUBLIC HEARING A. Proposed Addition to Thornewood (Gano Property) and Exchange of Interests in Real Property B. Green commented that the reason for this public hearing was Meeting 80-16 Page Three the fact that this was the first time the District had considered selling some of its property. She suggested the Board agendize an item in the future to discuss whether a public hearing should be held when the District had an acquisition on the agenda. D. Wendin asked for a clear definition of public hearing from staff and Legal Counsel. B. Green said that since E. Shelley was not in attendance at the meeting, there was a possibility that the item would have to be continued to a future meeting when all Board members would be present. C. Britton reviewed report R-80-43, dated July 17, 1980 and provided background on the proposed addition of the Gano property to Thornewood and the exchange of interests in real property. He said the staff was aware of some of the problems associated with the property, such as a 2-acre inholding held by the gardener, Francois Richard, and the stipulated judgement that F. Richard was able to negotiate with the Sierra Club Foundation over certain requirements as to road maintenance and water supply. He noted the Thornewood house itself also presented some problems. C. Britton noted that Mr. Gano had expressed an interest in the house and an exchange of adjoining lands which he owned which would be significant to the District' s needs for a trail system in this area. C. Britton said he looked at the exchange as a means for restoring the Thornewood house without an outlay of District money for the acquisition. The Restriction Agreement was discussed, including the exterior facade easement, design control over land- scaping, right of first refusal, public tours (after three years) , special insurance provisions and preservation of the barbeque area. C. Britton noted that MAI appraiser had done the appraisal, and the house value was set at $382, 000, the 14-acre Schilling Lake parcel at $225, 000 and the 11-acre lot 10 at $190, 000. The trail connection would come through the Schilling Lake parcel (14 acre parcel) along a lower contour and through an area which would be subject to the Town of Woodside's jurisdiction. D. Wendin asked about the Right of First Refusal and questioned what would happen once the property passed out of the Gano family. He asked if the Right of First Refusal could be rewritten so that there was provision for the transfer by will of the successor in interest to the Gano family. S. Norton stated that a modification could be made in the wording of the Agreement to protect Gano' s successors. K. Duffy questioned whether the Right of First Refusal was a deed restriction. C. Britton stated it was a recorded encumbrance against the property, and the District would have an opportunity to step in every time the property was sold with the Right of First Refusal. S. Sessions summarized the trail system and showed slides of the property and the house. Meeting 80-16 Page Four H. Grench referred to his memorandum, M-80-52, dated July 17, 1980 and reviewed the positive aspects of the trade, but stated there were negative aspects, such as a permanent in-holding becoming very problematic because of conflicts that arise between the public and private users. He said that if the trade went forward it would preclude expanded public use in the future of the house and grounds and the District had not made any study of what public or quasi-public uses the property might be. Upon balancing the positive and negative aspects, he recommended that the Board not approve the trade. B. Green declared the Public Hearing open at 9 :10 p.m. Harry Haeussler, 1094 Highland Circle, Los Altos, asked whether the Distric would face litigation if the trade was accomplished, but Mr. Gano did not fulfill his part of the transaction. S. Norton replied that it would rely largely on Mr. Gano' s self interest and investment, and the ultimate back-up would be the Right of First Refusal. Bob Mark, 725 Cowper, Palo Alto, asked about the fencing restrictions on the house. C. Britton responded there are no restrictions noted. B. Mark suggested more specific restrictions regarding fencing if the trade was negotiated. Peg Tonnesen, 1127 Vermont Way, San Bruno, a member of the Management Committee of Thornewood at the time Thornewood was given to the District by the Sierra Club, expressed strong feelings of opposition to the trade. She felt it would be a breach of faith on the part of the District to trade land which was given as public land. She distributed a copy of a letter written by William McDonald, Chairman of the Sierra Club Management group for Thornewood to the Board and noted Mr. McDonald was unable to attend the meeting. Jan Matser, 359 Tyrella Avenue, No. D. , Mountain View, a member of the Sierra Club Committee on Thornewood, introduced another member of the Committee, Ken Artunian, noting that three of the five committee members were present. He expressed his concern that the District was giving away too much and asked for clarification on what was being given away. Ken Artunian stated that he felt it was short-sighted of the District to take the risk and make an exchange and it was his opinion that the District would be short-changed. B. Green declared the Public Hearing closed at 9 :40 p.m. K. Duffy said she was in favor of the proposed exchange since she was not confident in the ability, will, or finances of the District to preserve the historical quality of the house. She felt the proposal offered the District a chance to preserve the building. Meeting 80-16 Page Five N. Hanko said that lease options had not been explored, as they had with the Fremont Older home. She questioned the staff as to the definition of "single family occupancy" and wondered if the District would be providing a "county club" atmosphere for an individual. B. Green asked what would happen if Mr. Gano were to abandon certain projects the District felt were important. C. Britton said that the agreement does not outline the criteria for what needed to be done at Thornewood. R. Bishop agreed it would be desirable to have the building preserved and restored and said the District must rely on Mr. Gano' s self interest and his present intention to make Thornewood his home. N. Hanko felt that the District had not had the time to do studies on alternative proposals such as quasi-public uses. R. Bishop asked H. Grench what he saw as alternatives. H. Grench responded that Fremont Older might be an example . R. Bishop asked how much money would be required to bring the house up to standard for residential use. S. Sessions estimated about $200, 000 would be needed to accomplish this. K. Duffy stated she felt the proposal was a unique way to solve two problems, security and removal of the burden of care of the house. D. Wendin stated that he supported the exchange. B. Green questioned the original intent of Mrs. Thorne ' s will and said she had learned that Mrs. Thorne' s primary love was for the open space value. The Board was polled as to their opinions on the subject, since the proposal had to be accepted by all six members of the Board present. N. Hanko stated she felt uncomfortable with the proposal, and, _at this point, would vote against it. R. Bishop felt the proposal did not keep faith with the will, and he would vote against it. C. Britton felt that the Board should hear from Mr. Gano regarding his plans for Thornewood and noted Mr. Gano was unable to attend the meeting since he was out of town. Meeting 80-16 Page Six B. Green asked the members who had expressed that they would vote against the proposal if there were any conditions that could be rewritten into the agreement to make it more acceptable to them. H. Turner said he would be more supportive of the proposal if the District could get more support from the Ganos as far as tours and picnic areas were concerned. B. Green stated that the present agreement was not acceptable to the Board, but that it was possible for more negotiations to be undertaken and resubmitted to the Board at a later time. C. Britton stated that public access should be clarified. Motion: D. Wendin moved that the staff be directed to return to the next meeting with a schedule of how the Board could solicit proposals from the public in line with H. Grench' s stated noted in paragraph one of M-80-52, and moved that a subcommittee comprised of H. Turner and R. Bishop be appointed to recommend to the Board the minimum use of the grounds the Board should accept as part of the transfer. The motion was seconded by B. Green and passed unanimously. A recess was called at 10: 40 p.m. The meeting was resumed at 10 :55 p.m. VII. NEW BUSINESS WITH ACTION REQUESTED A. S. Sessions gave a summary report on the use and management progress report for the Monte Bello, Long Ridge and Saratoga Gap Open Space Preserves (Report R-80-44 , dated July 17, 1980) . He noted that Item #3B-Page 2, under Completed Projects has not been fully completed, as the turnout was not finished and that the wording for Item 3 under New Recommendations on Page 3 should be changed to read "Complete necessary trails and trail plans" . Motion: N. Hanko moved the adoption of the recommendations in the Report on Use and Management of Planning Area V, dated July 17, 1980. The motion was seconded by H. Turner and passed unanimously. B. Procedural Amendments to the Land Use and Management Planning Process Motion: N. Hanko moved that Item #4 of the agenda, Procedural Amendments to the Land Use and Management Planning Process, be deferred to the August 13 meeting. K. Duffy seconded the motion. The motion passed unanimously. VIII. INFORMATIONAL REPORTS H. Grench reported Governor Brown has signed the following bills of interest to the District, AB 3299, SB 1961. He noted AB 990 was on the Governor' s desk for signature. Meeting 80-16 - -Lge Seven H.Turner asked that letters by individuals be sent to the Governor in regard to AB 859, the surplus school site bill. H. Grench asked the Board to approve preliminarily the date of Saturday, September 27, 1980 for the Evaluation Workshop. A tentative date, September 20, was suggested instead as a date when more Board members could attend. H. Grench reported on a recent break-in at the District office, stating the stolen equipment had been recovered the next day. S. Sessions reported that because of the lateness of the hour when the Palo Alto City Council got to the District related item of the Monte Bello parking lot, the item was continued to the August 11 Council meeting. S. Sessions reported that Cynthia DiGiovanni would be leaving the District to enter law school, and Bob Camrye, the part-time drafts- person, would be leaving to move to New York. S. Sessions showed the Board the historical marker that would be placed on the Maridon property. S. Sessions reported on the Monte Bello Fire Plan presentation at the Saratoga Summit CDF Station on July 22, 1980. C. MacDonald reported the Openspace newsletter mailing date was set for October 8, and the theme of the issue was Historical Sites and Items of Interest. IX. CLAIMS D. Wendin asked that as many claims as possible be placed on the preliminary claims list distributed in the packet in order to allow Board members ample time to review the list. The Revised Claims (C-80-13)dated July 23, 1980 were adopted by concensus. X. EXECUTIVE SESSION The Board recessed to Executive Session at 11:40 p.m. XI. ADJOURNMENT The Board reconvened to adjourn at 1:05 a.m. , July 24 , 1980. f CORRECTIONS TO MINUTES OF II. APPROVAL OF MINUTES A. July 9, 1980 B. Green stated the Board' s consensus that the minutes of July 9, 1980 were approved as presented. B. July 23, 1980 D. Wendin requested that the word "number" in the second sentence of paragraph three of Written Communications be changed to "proli- feration" since he was concerned about the amount of staff time that would be put into .the agenda item on the location of signing on Skyline Boulevard. The Board concurred with the change. Y g B. Green stated the Board' s consensus that the revised minutes of July 23, 1980 be approved. { I