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.
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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.
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B. Green stated the Board' s consensus that the revised minutes of
July 23, 1980 be approved.
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