HomeMy Public PortalAbout19830810 - Minutes - Board of Directors (BOD) Meeting 83-19
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
REGULAR MEETING
BOARD OF DIRECTORS
August 10 , 1983
MINUTES
I . ROLL CALL
President Barbara Green called the meeting to order at 7 : 37 P.M.
Members Present: Daniel Wendin, Katherine Duffy, Edward Shelley, Barbara
Green, Richard Bishop, Harry Turner and Nonette Hanko.
Personnel Present: Craig Britton, David Hansen, Charlotte MacDonald,
Michael Foster, Stanley Norton, William Tannenbaum, Jean Fiddes , Pat
Starrett, Emma Johnson, Mary Gundert , Robert McKibbin and Cecilia Cyrier
II . WRITTEN COMMUNICATIONS
C. Cyrier stated the Board had received the following written communications :
1) Paul M. Koening, Director of Environment Management, County of San Mateo,
advised in his letter of August 4 , 1983 , that a contemplated practice
burn by the Redwood City Fire Department at Hassler site required a
demolition permit from San Mateo County.
2) Paul San rilipo, P.O. Box 244 , San Carlos, indicated that Hassler Health
Home be converted into residential units for ambulatory old folks by
using federal funds or to be converted for use by service organizations.
3) A letter of August 9 from Harry H. Haeussler of Los Altos in which he
indicated he had attended the dedication ceremonies of the Windy Hill
Open Space Preserve trail system on Sunday, August 7 and that he wished
to express his support of Director Turner 's remarks that the District 's
second decade plans would emphasize development of lands for greater
use by the public.
III . ADOPTION OF AGENDA
B. Green stated the agenda was adopted by Board consensus.
IV. ORAL COMMUNICATIONS
1) Harry Haeussler of Los Altos suggested that ward numbers be put on
the Directors ' name plates and questioned the capacity of the meeting
room.
2) Larry Faber of Palo Alto indicated that he was the representative from
Mid-Peninsula Trails Council for this meeting.
3) Beez Jones, 16891 Stevens Canyon Rd. , Cupertino, suggested the Board
should use an amplification system during Board meetings.
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
M-83-19 Page Two
V. OLD BUSINESS WITH ACTION REQUESTED
A. Land Acquisition Public Notification Procedures
C. Britton, referring to the initial memorandum M-83-72 of June 15 , 1983 ,
stated staff did not recommend changing current Public Notification Pro-
cedures for land acquisition to include a requirement that adjacent
property owners be notified of a proposed acquisition. He discussed
the recent Incerpi acquisition as an example of a property owner who did
not want the sale of her property to be made public and stated that a
purchase contract is not consummated until it has been approved by both
parties. He stated that notification of adjacent property owner (s) of
an acquisition vet to be acted upon by the Board could jeopardize the
acquisition. He said that if a majority of the Board felt some type of
notification was necessary, staff recommended the notification of home-
owner occupants of improved, adjacent property.
R. Bishop concurred with C. Britton 's statement that a sale of property
could be negated prior to coming to the Board for approval and stated
he felt that in the case of interim use and management plans for new
acquisitions the adjacent landowners could be notified so they can
provide input.
N. Hanko expressed her support for notifying adjacent property owners
of an acquisition, noting this could be a type of good neighbor policy.
Beez Jones stated the District should inform neighbors of property to
be acquired by the District because of the forthcoming change in use--
open space.
H. Turner stated he did not feel it was in the public 's interest to
incur the risk of not being able to acquire a piece of property in
order to allow for the notification of adjacent property owners of a
forthcoming acquisition.
Bob Fisse, Star Route 2 , Box 402 , LaHonda, expressed his support for
informing adjacent property owners of acquisitions. He later suggested
adjacent property owners could be notified of an acquisition after the
Board authorized the purchase but prior to the second reading of the
interim use and management plan as originally suggested by Director
Bishop.
Harry Haeussler stated neighbors had the right to know about any change
of use of property that the District is planning to buy.
David Leeson, 15300 Blackberry Hill Rd. , Los Gatos, stated the District
had purchased lands adjacent to his property, and he had never been
notified about these actions.
Motion: N. Hanko moved the land acquisition section of the Public Noti-
fication Procedures be amended under agenda notice to include
the following: That the agenda notice be mailed to homeowner
occupants of improved adjacent property at the time of the
final meetinq. "
A discussion followed on why only homeowner occupants of
improved adjacent property should be notified, and N. Hanko
amended her motion, which had not been seconded, to state
"That the agenda notice be mailed to adjacent property owners
at the time of the final hearing. " R. Bishop requested that
M-83-19 Page Three
N. Hanko clarify her motion, and she responded that adjacent
property owners would be notified about the meeting at which
the interim use and management plan returns to the Board for
a second reading, usually two weeks after the Board approves
the purchase of a piece of property. R. Bishop seconded the
motion.
Discussion: N. Hanko stated she had not requested that the
notification be sent to inform adjacent property owners that
the Board would be considering the purchase of adjacent property
since she did not feel there were sufficient Board votes to
support such a motion. B. Green clarified that the motion as
presented called for notices to be mailed to adjacent property
owners after the meeting at which the Board approved the
acquisition of a piece of property and tentatively adopted the
interim use and management plan, but prior to the second meeting
at which the plan would be considered for final approval by the
Board. D. Wendin stated he supported the change recommended by
Director Hanko. D. Wendin suggested that more precise language
be used and be included as a footnote to section four of the
land use planning section of the Public Notification Policies
to state that land use planning includes interim use and
management plans. D. Wendin clarified that the motion was not
intended to give notification to adjacent property owners prior
to an acquisition. The motion passed unanimously.
B. Proposed Acquisition of Federal Surplus Property at Mt. Umunhum and
Mt. Thayer (Former Almaden Air Force Station)
C. Britton reviewed memorandum M-83-87 , dated August 4 , 1983 , regarding
the acquisition of Mr. Umunhum and Mt. Thayer. He noted the purchase
price for this Federal surplus property was $260 ,000 , but the Federal
government still had to accept the District 's offer to purchase the
property.
D. Hansen reviewed aspects of the interim use and management plan for
the site including easement rights over the main road to property,
securing of property upon acquisition, going through a request for pro-
posal process to solicit planning firms to do master plan for area,
eventual hiring of a full-time caretaker for the site, maintaining
existing roads for patrol purposes , and soliciting of compatible groups
interested in the housing area. He said staff was not recommending
dedication of the property at this time and was suggesting the site be
named as an addition to Manzanita Ridge Open Space Preserve,
Mt. Umunhum area.
N. Hanko recommended nothing be done with site until a planner had a
chance to see all resources and said she hoped that access to hikers
could be provided via closer-in parking areas. She inquired how
inspection of the housing area and selection of compatible groups would
be conducted.
D. Hansen replied that at present staff was only requesting the right
to seek proposals from planners for uses of the site and that Board would
have two public hearings at which ideas could be presented, including
access to hikers. He said procedures similar to those used for Upper
Rancho House would be followed for selection of compatible groups. He
said one potential idea is an offer from a movie company to do movies
on site which might result in their removing some of the structures.
M-83-19 Page Four
N. Hankc, reported she would furnish the Board with findings of a study
she is currently conducting on how public agencies inform the public
of surplus building availability.
David Leeson questioned why the property was being withheld from
dedication and whether commercial uses such as antenna sites or pos-
sible use by a movie company were in violation of public land use.
C. Britton said the land was being withheld from dedication due to the
fact that no other District lands in the area have been dedicated
because of the incomplete trail system in area and the unknown final
configuration of the preserve. He said the District might want to
trade some of the land in order to complete the trail system. He noted
the purchase contract precludes selling any of the property for the
first three years after acquisition without returning the profits to
the Federal government. He also stated that antenna use was prevalent
on adjoining sites in the area.
H. Haeussler questioned whether there were any restrictions on the
road easement at the current time, and asked if there were estimates
on the cost of demolishing the buildings.
C. Britton responded that the road is a private road and all District
action pertaining to its utilization would have to involve the other
users of the road due to maintenance and repair. He later said legal
questions were involved if unlimited public traffic were allowed on
the road, but added in his opinion the public would have access to the
top of Mt. Umunhum via the road.
D. Hansen said an estimate of $300 ,000 had been obtained to demolish
the buildings and bury all materials on site.
Motion: K. Duffy moved that the Board adopt Resolution 83-32 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing officer to Execute
the offer to Purchase Real Estate and Acceptance Agreement,
Authorizing Officer to Execute Certificate of Acceptance
of Grant to District and Authorizing General Manager or the
Assistant General Manager to Cause to Give Appropriate Notice
to Offeree and Authorizing General Manager to Execute Any and
All Other Documents Necessary or Appropriate to the Closing of
the Transaction (Almaden Air Force Station - Mt. Umunhum. and
Mt. Thayer) . E. Shelley seconded the motion.
Discussion: N. Hanko requested clarification on rental or sale
of portions of the property. C. Britton responded that if any
portion of entire area is sold by the District within first three
years, the government would receive the profit and said rental
is not considered a sale of the property unless it is in the
form of a 99 year lease where a legal determination might be
made that property had been sold. He said a lease for 25 years
would not be considered sale of the property. The motion passed
unanimously.
Following the discussion of agenda Item No. 3 , Final Adoption of
Saratoga Gap Open Space Preserve Use and Management Plan, B. Green
stated that Board needed to consider the second recommendation in the
memorandum on acquisition of property at Mt. Umunhum.
M-83-19 Page Five
Motion: H. Turner moved that the Board tentatively adopt the interim
use and management plan discussed in memorandum M-83-87 ,
indicate its intention to withhold this property from dedica-
tion, and name this property as an addition to the Manzanita
Ridge Open Space Preserve. E. Shelley seconded the motion.
Discussion: D. Wendin stated he was unwilling to support
adoption of this interim use and management plan unless it
received two additional readings if the District acquired the
property.
C. Britton stated the resolution covered all aspects of the
acquisition necessary for staff to proceed to acquire
the property. He stated staff would notify the Board via an
informational report when the District actually acquired the
property.
Motion D. Wendin moved the Board amend its motion to require that
To Amend: staff return for public review of the interim use and
management plan at or near the time of the actual acquisi-
tion of the property and at least once thereafter consistent
with the District ' s public notification policy. E. Shelley
seconded the motion. The motion to amend passed unanimously.
The amended motion passed unanimously.
C. Final Adoption of Saratoga Gap Open Space Preserve Use and Management
Plan (Memorandum M-83-90 of August 1, 1983)
Motion: K. Duffy moved the Board adopt the use and management plan for
the Saratoga Gap Open Space Preserve. E. Shelley seconded
the motion.
Discussion: In response to a question from Beez Jones regarding
the gated portion of Charcoal Road, D. Wendin stated there is
a small portion of the road that crosses District property and
the portion of the road that is gated belongs to the County of
Santa Clara. The motion passed unanimously.
Motion: K. Duffy moved the dedication of the former Gunetti-Larrus
parcel. N. Hanko seconded the motion. The motion passed
unanimously.
VI. NEW BUSINESS WITH ACTION REQUESTED
A. Request to Complete Fire Protection System - Hassler Health Home
Property
D. Hansen reviewed memorandum M-83-92 , dated August 5 , 1983 , noting that
at time the District acquired the former Hassler Health Home property
from the City and County of San Francisco a $40 ,000 contract to repair
and recharge the fire hydrant and water distribution system was under
way for fire protection purposes. He noted two phases of a three-
phased contract had been completed and a third phase to isolate the
hydrants from the building water system and to prepare them for actual
use needs to be completed at a cost of $12 ,950. He said staff was
requesting the third phase be modified and completed before demolition
begins so that an adequate water supply will be available for fire
protection on site during and after demolition.
M-83-19 Page Six
N. Hanko questioned the purpose of upper tank and whether it would be
necessary if buildings were not demolished. D. Hansen responded that,
in terms of fire protection, he did not think it was necessary and
its necessity would depend upon the disposition of the buildings.
Motion: E. Shelley moved that the Board adopt staff recommendations
in memorandum M-83-92 and authorize staff to contract for a
revised Phase III of the fire protection plan on the former
Hassler Health Home property for a sum not to exceed $15,000,
and that Board request that staff pursue any agreements with
the City and County of San Francisco to help implement the
system where adjacent City land or facilities are involved.
Discussion: N. Hanko questioned the need for permits from
San Mateo County to upgrade the water system. C. Britton
responded that certain permits may be required but that the
report addressed only recharging the water system for fire
protection, not to demolish the water tank at this time.
D. Hansen stated a permit for the job is currently held by
the City and County of San Francisco and it will be trans-
ferred to the District. The motion passed on the following
vote:
AYES: D. Wendin, K. Duffy, E. Shelley, B. Green, R. Bishop
and H. Turner
NOES: N. Hanko , stating she voted no because, although she
is in favor of fire protection, she did not want to
cut water supply from buildings because she still felt
they should not be demolished.
B. Request by Local Fire Departments to Utilize Hassler Buildings for
Training Exercises
D. Hansen referring to memorandum M-83-91 of August 4 , 1983 , intro-
duced Al Becketti, the training officer for the Redwood City Fire
Department, noting the Redwood City Fire Department, in conjunction
with several local fire departments , had requested permission to use
some of the Hassler buildings for training exercises in exchange for
partial demolition of the structures used. Mr. Becketti discussed
the buildings that would be used and the types of training that would
be involved, including search and rescue , fire suppression, tunneling
and rescuing earthquake victims , and ventilation procedures. He
noted the California Department of Forestry, as well as several other
fire departments within San Mateo County were interested in participa-
tion in the training since the resources available were a once in a
lifetime opportunity for fire training activities. Mr. Becketti stated
the fire department was asking for a fifteen day period in October to
carry out the training.
C. Britton stated the overall permit for the demolition would be
secured by the District, and that the fire training would be within
the timeframe for undertaking the entire demolition and would be
coordinated with the final demolition contract. He noted the fire
department would be responsible for securing any required permits
specific to their activity and undertake all necessary safety measures.
D. Hansen stated the demolition contract would have been let by the
time the fire department started their training exercises.
M-83-19 Page Seven
Larry Faber of Palo Alto expressed his support for the training exer-
cise and suggested the District allow the fire department more time
to organize a training program that could include more fire departments.
Mr. Becketti responded the timetable for the training was fairly well
fixed and said it would be difficult at this time to try to expand
the project.
D. Wendin stated that the buildings were an important training resource
and other fire departments should have the opportunity to participate
in the training exercises if possible.
D. Hansen stated the San Mateo County Sheriff ' s Office was interested
in conducting search and rescue training activities in the Hassler
buildings before they were demolished.
Barbara Wiesner of Palo Alto questioned whether any venting work had
been done on the roofs , reported on the August 9 discussion regarding
the Hassler buildings that had occurred at the San Mateo County Board
of Supervisors meeting, the work she had been doing to try to prevent
the Hassler buildings from being demolished, and read a letter from
Christopher H. Nelson, a doctoral candidate in Architectural History,
University of California at Santa Barbara and a former employee of
the National Register, expressing his opinion that the Hassler build-
ings should be further investigated as to their architectural and
historical significance for reasons stated in his letter.
In response to the question concerning the venting work, D. Hansen
stated the fire department had done some preliminary work on the
roof, and when he learned of this activity, he requested the activity
be stopped.
C. Britton reviewed the process staff had followed to determine
whether or not the buildings had any architectural or historical
significance.
Walter Worthge, President of the San Mateo County Arts Council, stated
the Council wanted to stay in touch with the Board in the event the
buildings were not demolished and the ruling regarding the grant funds
was reversed, and said the Council was looking into the possibility
that the ruling had been an inaccurate one that might be reversed.
He expressed his concerns about lawful vandalism on the property and
urged the Board not allow any further demolition to occur on the
property until the demolition contract was let and necessary permits
secured from the County of San Mateo. He stated the Council wanted
to be in a friendly position with the District and is hoping they
can reopen negotiations with the District in the future if possible.
In response to a question from H. Turner posed later in the dis-
cussion, he stated the Arts Council had contacted State officials to
determine whether the response given the District about the grant ' s
status was an actual legal opinion and noted the Council was investi-
gating the possibility that this opinion was not valid.
Carl Schmidt of Sunnyvale expressed his concerns about the cost of
the demolition, Charlie Touchatt, Redwood City, expressed his support
for the training program, suggested more fire fighters be able to
participate; and Bob Fisse suggested the training be video taped.
M-83-19 Page Eight
Motion: K. Duffy moved the Board approve use of the Hassler building
site for training exercises by the local fire departments
between the months of September and November for a period of
15 days after all safety precautions have been met as required
by MROSD and CDF, that CEQA and other requirements are met,
that the neighbors have been informed, that asbestos , PCBs and
other hazardous materials are removed before burning, that a
release is signed absolving the District of any liability for
the project, and that the program will not interfere in any
way with the ongoing demolition project which is the overriding
concern for completion by the District at this time.
E. Shelley seconded the motion.
Discussion: K. Duffy then stated she would like to amend her
motion to include a statement "and that the proper permits be
obtained. " E. Shelley, as seconder, agreed to the inclusion
of the statement. N. Hanko reported on a telephone conversa-
tion she had had with Arlen Gregorio, Chairman of the San Mateo
County Board of Supervisors , regarding the Hassler buildings;
and also stated she would vote against the motion because,
despite her sentiments for the training exercises of the fire
department, she could not support the demolition of the
interior of the buildings. The motion passed on the following
vote:
AYES: D. Wendin, E. Shelley, K. Duffy, B. Green and R. Bishop.
NOES: N. Hanko, and H. Turner. H. Turner did not state why
he opposed the motion.
C. Long Ridge Open Space Preserve Use and Management Plan
D. Hansen reviewed the use and management plan for Long Ridge Open
Space Preserve as contained in report R-83-34 of August 4 , 1983, and
showed slides to illustrate portions of the report. He noted staff
was recommending the immediate demolition of the pole structure after
certain materials were salvaged and also recommending dedication of
the former Bridgeman property at this time.
K. Duffy expressed the need for mileage markers to facilitate locating
the Grizzley Flat parking area and said that parking areas should be
clearly and accurately indicated on maps which are made available to
the public.
Charlie Touchatt expressed his concern regarding the change of "no
parking" signs to "dusk to daylight" signs at the northerly gate that
provides access to the former Bridgeman property and to Portola Heights.
He noted Portola Heights residents did not want the "no parking" sign
removed by this gate because of illegal activities at night and for
personal safety reasons. He also expressed concerns about the gate to
be installed on the westerly boundary of the District 's and Jikoji ' s
property since the road had been the main emergency access road if
other road is closed.
D. Hansen stated that District staff is willing to work with Portola
Heights residents and that staff did not intend to deny use of the
road as an emergency exit.
M-83-19 Page Nine
Sandra Touchatt, Redwood City, asked if a reply was forthcoming
regarding the letter sent to the District by the Portola Heights
Association regarding use of identification stickers for Portola
Heights residents ' cars and C. Britton stated the question of road
usage was being researched and staff would respond to the Association' s
letter when the research was completed.
Charlie Touchatt thanked the Board for signing that had been installed
after a meeting with a member of District's Ranger staff and questioned
whether electricity would be installed at the former Bean House.
D. Wendin stated he did not feel the District should proceed at this
time in having the "no parking" signs at the northerly gate changed
to "dawn to dusk" signs because of the concerns expressed by the
Portola Heights residents. He stated the Grizzley Flat parking situa-
tion should be evaluated before the signs at the northerly gate were
changed, noting it might thus be necessary to review this use and
management plan in less than two years.
Bob Fisse requested he be allowed to look at pole structure as a
possible meeting location for the South Skyline Association.
William Obermeyer, Portola Heights, questioned whether Portola Heights
residents would have keys to the gated school road, and C. Britton
indicated staff wanted to explore possible options with the Portola
Heights residents.
Motion: D. Wendin moved that the Board tentatively adopt the use and
management plan for Long Ridge Open Space Preserve as con-
tained in report R-83-34 with the modification that the "no
parking" signs at the north access point gate not be removed,
and state its intent to dedicate the former Bridgeman property.
E. Shelley seconded the motion. The motion passed unanimously.
D. Monte Bello Open Space Preserve - Black Mountain (Ground Communications
Lease with Federal Aviation Administration--FAA)
W. Tannenbaum referring to memorandum M-83-89 of August 2 , 1983,
reported this lease was basically the same as the Gill Cable and Ford
Aerospace leases. He noted the new annual rate represented a 200%
increase over the previous rent and that the Federal government will
pay its rent monthly, rather than annually, in arrears.
Motion: K. Duffy moved that the Board adopt Resolution 83-33, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Ground Communica-
tions Lease with Federal Aviation Administration (Monte Bello
Open Space Preserve - Black Mountain) . E. Shelley seconded
the motion. The motion passed unanimously.
VII. INFORMATIONAL REPORTS
H. Turner reported on the dedication of Windy Hill trail system on Sunday,
August 7. He stated R. Bishop and E. Shelley also attended the dedication.
D. Hansen reported that an arsonist has been active recently in the
vicinity of Page Mill/Moody Road area.
M-83-19 Page Ten
B. Green announced she would be resigning from the Board and would be
moving to Texas. D. Wendin read portions of a resolution of appreciation
for B. Green that would be considered for adoption by the Board after her
departure. C. Britton stated Resolution 76-22 , which deals with the
filling of Board vacancies, was out of date and he requested the Board
concur with staff ' s intention to allow for a fifteen day period for sub-
mitting applications for filling a Board vacancy. He also requested the
District Clerk be permitted not to immediately publish notices about the
vacancy since the official resignation would not be known, and staff
would return at a future meeting to request formal revision of the resolu-
tion and to report on the process for filling the vacancy. He also noted
that the Board would have to elect a new President and change its finan-
cial signatories at that meeting. N. Hanko questioned the possibility
of calling a District election to fill the vacancy in Ward 3 and requested
staff be prepared at the August 24 meeting to discuss the costs of such
an election, both solely for the District and incorporated with another
election. She noted D. Wendin had suggested a Board committee be
appointed to review the application form that would be given individuals
interested in applying for the Ward 3 seat in the event the Board decided
to fill the vacancy by appointment. D. Wendin stated he thought N. Hanko
and K. Duffy should serve on the committee.
Motion: E. Shelley moved the Board appoint a committee to formulate the
questionnaire for filling a Board vacancy. R. Bishop seconded
the motion. The motion passed unanimously.
B. Green appointed N. Hanko and K. Duffy to serve on the committee and
stated the Board' s consensus regarding changing the ten-day application
period to fifteen days.
VIII. CLAIMS
Motion: E. Shelley moved the Board approve revised claims 83-15 of
August 10 , 1983. K. Duffy seconded the motion. The motion
passed unanimously.
IX. CLOSED SESSION
The Board recessed to Closed Session at 10: 45 P.M.
X. ADJOURNMENT
The Board reconvened to adjourn at 11: 10 P.M.
II
Jean H. Fiddes
District Clerk
Cecilia A. Cyrier
Secretary