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HomeMy Public PortalAbout19780412 - Minutes - Board of Directors (BOD) Meeting 78-9 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S April 12 , 1978 375 Distel Circle Los Altos, CA I. ROLL CALL The meeting was called to order by President Turner at 7 :30 P.M. Members Present: Harry Turner, Daniel Wendin, Katherine Duffy, Barbara Green and Edward Shelley. Richard Bishop arrived at 8 :0 0 P.P1. Member Absent : Nonette Hanko Personnel Present: Herbert Grench, Anne Crosley, Jon Olson, Carroll Harrington, Craig Britton, Stanley Norton and Jennie George. APPROVAL OF MINUTES A. Minutes of March 19 , 1978 Motion: D. Wendin moved approval of the minutes of March 19 , 1978 , with the following changes : Page 5, second paragraph - the word "different" was inserted before the word "impact" which was pluralized. Page 10, second paragraph - the percentages should have decimals to reflect 110.8%" and "0. 9%" . 11. Turner seconded the motion. The motion passed unanimously. B. Minutes of March 22 , 1978 Motion: D. Wendin moved approval of the minutes of March 22 , 1978 , with the following change: Page 7 , third paragraph - omit the word "staff" and insert the name "R. Bishop" . E. Shelley seconded the motion. The motion passed unanimously. Meeting 78-9 Page two III. WRITTEN COMMUNICATIONS J. George referred the Board to the following Written Communi- cations: (1) a letter dated March 24 , 1978 from Mrs. Helen B. Gifford encouraging the District to retain its ordinance prohibiting dogs on District lands; (2) a letter dated April 5, 1978 from Michael Kindman expressing appreciation for the opportunity to visit The Land on Easter Sunday; (3) a letter dated April 6, 1978 from the Bay Area Air Pollution Control District advising of a vacancy on the Advisory Council. Appli- cations will be accepted through April 28 , 1978; (4) a letter dated April 10, 1978 from the Land Community signed by Mark Schneider with an Amended Claim for Damages and Other Appro- priate Relief. H. Grench advised the Board of a letter dated March 21, 1978 from William F. massy of Stanford University requesting an extension for escrow closing, and requested this item be placed on the agenda. Motion: E. Shelley moved that Stanford University' s letter of request to extend closing of escrow be placed on the agenda as Item No. 1. B. Green seconded the motion. The motion passed unanimously, with H. Turner abstain- ing. IV. ADOPTION OF AGENDA H. Turner advised that Controller interviews were being held at this meeting and expressed the hope that they begin shortly after 8 :30 P.M. He stated the Board"s consensus that the agenda be adopted with, Stanford's request for extension of escrow clos- ing being considered first on the agenda and should there be a shortage of time, giving priority to items Nos. 1, 3 , and 5. D. Wendin requested a recommendation from Legal Counsel for the April 26 meeting in response to the Land Community's claim. S. Norton commented that the claimants had been individually listed by name and the claim amount had been increased. V. ORAL COMMUNICATIONS Mark Schneider, 1759 Woodside Road, Redwood City, recalled that April 13 would mark the one year anniversary of the Dis- trict"s voting to acquire the Burns/Eldridge property, He suggested it would be an appropriate time for the District to reevaluate its actions since that time. Dorothy Jennings, 3611 Woodside Road, Woodside, advised that on portions of the trails from Skyline-Page Mill Road to Meeting 78-9 Page three Saratoga Gap there were two areas on District property where culverts had washed away. She added that portions of the trail on Santa Clara County property also had eroded. J. Olson responded that the County was aware of the erosion on its property. VI. OLD BUSINESS WITH ACTION REQUESTED A. Stanford' s request for Three Months Extension for Close of Escrow. H. Turner relinquished the Chair to K. Duffy for the duration of discussion of this item and left the room, due to his asso- ciation with Stanford University. H. Grench introduced his memorandum (M-78-78) dated April 7 , 1978 , regarding Stanford's Request for Three Months Extension for Close of Escrow, recommended the request be granted, and that staff be directed to inform Stanford accordingly. Motion: B. Green moved to grant Stanford' s request for ex- tension of close of escrow from March 24 , 1978 to June 26, 1978 at 5 :00 P.M. and authorized the Land Acquisition Manager to sign Stanford' s letter dated March 21, 1978 . D. Wendin seconded the motion. Discussion: Robert Mark, 725 Cowper, Palo Alto, asked why the District felt it was in the public ' s best interest to give Stanford the extension. H. Grench responded the District felt it was the best judgment to give Stanford time to clear up any charges made against the transaction rather than become involved in a legal suit over a three months' request for extension. C. Britton added that Stan- ford is looking into its own internal process. The motion passed unanimously with H. Turner absent from the vote. B. Goals Workshop Followup H. Turner returned to the meeting. A. Crosley introduced her memorandum (M-78-75) dated March 31, 1978 , regarding the Goals Workshop Followup. She advised that Director hanko had some particular thoughts on this item and, since N. Hanko was absent, recommended postponing the matter. Motion: D. Wendin moved that the item be continued until the May 10 meeting. E. Shelley seconded the motion. The motion passed unanimously. Meeting 78-9 Page four C. Distribution of Board Meeting Materials A. Crosley introduced her report (R-78-12) dated April 3 , 1978 regarding the Distribution of Board Meeting Materials. She recommended that the Board adopt a resolution implementing various changes in the Rules of Procedure. Staff received the following suggested changes in the Admin- istrative Policy on Procedures for Distribution of Meeting Materials Sent to the Board of Directors : (1) under No. 3 , after the words "published by" , insert "the District or" . . . (2) under No. 7 changed to read as follows: "In the event staff determines that a written communication to the Board from a member of the public should be considered confidential due to extraordinary circumstances, (a memorandum from the Gen- eral Manager explaining the justification for this decision "Not to distribute materials to members of the public" shall accompany the written communications when sent to the Board) as required in Section 1.30 of the Rules of Procedure. Motion: D. Wendin moved adoption of Resolution No. 78-9, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Amending Rules of Proceudre, with Section Four changed after the first sentence to read as follows : "Absent extra- ordinary circumstances, communications to the Board from members of the public shall be deemed nonconfi- dential. A memorandum from the General Manager explaining the justification for this decision "Not to distribute materials to members of the public" shall accompany the written communications when sent to the Board. There will be no charge for the materials if available; otherwise, the cost of repro- duction will be charged. K. Duffy seconded the motion. The motion passed unanimously. D. Response to February 14 Letter from P. Obluda R. Bishop presented the draft response to Purusha Obludats- letter of February 14 and said the response, stating the District' s position had been a joint effort of Mr. Jack Tallett, Mr. Stanley Norton and himself. The Board made minor editorial corrections. Motion: R. Bishop moved that staff make the suggested correc- tions and send the letter with attachments to Mr. Obluda in response to his February 14 letter. B. Green seconded the motion. Discussion: Mark Schneider suggested that the District Meeting 78-9 Page five instruct Mr. Norton and Mr. Tallett to assume arguendo that the residents were on the land with permission and then present evidence to show that they did indeed have permission. He said he felt that if that were done and the members of the Board reviewed that evi- dence, it would not consider sending out the letter. Mark Schneider added that the word trespasser involves a criminal activity and he said he did not believe that there had been any criminal activity by any resident of the "Land" . He added if the District is � basing its position on its assumption that they are trespassers , he felt the District is headed for finan- cial disaster and moral bankruptcy. S. Norton advised that there are two kinds of tres- passers - criminal and civil - and that in no sense is the District implying criminal trespass or the use of that term. The motion passed unanimously. H. Turner stated the Board' s consensus that the letter to P. obluda be sent under the President' s signature. VII. NEW BUSINESS WITH ACTION REQUESTED A. Report on Effects of Propositions 8 & 13 on District A. Crosley introduced her report (R-78-13) dated April 5, 1978 regarding the Effects of Proposition 8 and 13 on the District as discussed in an analysis comparing the two measures and their effects on the District and in general. The Legislative Com- mittee had met and at its direction, staff had also prepared a resolution for Board consideration which expressed District opposition to Proposition 13. The Board agreed that the following changes be made in the analysis: (a) to clarify the Behr bill's effects on State spending, (b) change the word "would" to "could" on page two under Proposition 13 and Effect on Local Control of Taxes, and (c) rewording of the last sentence on page two of the analysis, Effect on Property Tax Revenues, Proposition 13 to read "The State may increase assessments or taxes on personal property. " R. Bishop said that the Legislative Committee had not proposed a resolution in favor or Proposition 8 because the committee felt it would be more effective to take a stand on only one, leaving the decision up to the people, and also neither prop- osition was felt, by the committee, to be the correct approach to tax relief. D. Wendin responded that he disagreed and supported the District' s adoption of a resolution supporting Proposition 8 . Meeting 78-9 Page six Motion: H. Turner moved adoption of Resolution 78-10, a Resolution of the Board of Directors of the Midpen- insula Regional Open Space District Opposing Proposi tion 13 (Jarvis-Gann Initiative) Appearing Before the Voters in the June 6, 1978 Election with the following changes: omitting the words "the" , "allocation" and "of" in the second paragraph. B. Green seconded the motion. Discussion: Bill Lewis, 7573 Bollinger, San Jose asked the Board if they felt they were politicizing them- selves and suggested perhaps they should remain silent. H. Turner responded he felt taking a position on tax relief related to the viability of the existence of the District. The motion passed unanimously. Motion: D. Wendin moved adoption of Resolution 78-11, a Reso- lution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting SB 1 (Behr bill) and Proposition 8 Appearing Before the Voters in the June 6, 1978 Election. E. Shelley seconded the motion. The motion passed on the following vote: Ayes: K. Duffy, D. Wendin, B. Green, E. Shelley and H. Turner. No: R. Bishop. Motion: K. Duffy moved to continue agenda items Saratoga Gap Use and Management Plan Review and Proposed District- Wide Historic Structures Survey to the April 26 meet- ing. D. Wendin seconded the motion. The motion passed unanimously. Purusha Obluda, 31570 Page Mill Road, Los Altos Hills, expressed dissatisfaction that the Board had already discussed his letter before he had arrived. A. Crosley advised she had called and left messages at two dif- ferent numbers for Mr. Obluda to inform him that there were some time problems with the agenda and had not received any response to her calls. Motion: E. Shelley moved to permit Mr. Obluda to speak for 5 minutes tinder Informational Reports. K. Duffy seconded the motion. Discussion: Mr. Obluda replied that that was unsatis- factory to him. The motion passed unanimously. VIII. INFORMATIONAL REPORTS J. Olson advised the Board of some upcoming meetings: (1) Tues- day, April 18 , 1978 , 7: 30 P.M. , District office, the first step in the planning process for the Eldridge/Burns and Stanford Meeting 78-9 Page seven properties on the Monte Bello Open Space Preserve; (2) Wednesday, April 19, 1978 between 6-9 P.M. at the Mountain View Park & Recreation Center, an open house to show progress to date on the Stevens Creek Study; and (3) Wednesday, April 19, 1978, 7-9 P.M. at the East Palo Alto Municipal Center, a discussion on the marina of the Cooley Landing site and other projects that might affect the marina. C. Harrington informed the Board of the recent full-page article in the San Jose Mercury about all of the District' s site. IX. CLAIMS Motion: D. Shelley moved approval of the revised claims (C-78-7) dated April 12, 1978 as presented. K. Duffy seconded the motion. The motion passed unanimously. X. EXECUTIVE SESSION The Board recessed to Executive Session at 9: 25 P.M. to discuss personnel matters and land negotiations. XI. ADJOURNMENT The Board reconvened to adjourn at 11: 35 P.M. Deputy District Clerk Jennie George A. Minutes of April 12 , 1978 H. Turner stated the consensus that the minutes of April 12, 1978 be approved with a change in the second sentence under Discussion regarding the first motion on page six, so that it read H. Turner responded that he felt it was appropriate for the Board to take a position on the measure. "