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HomeMy Public PortalAbout19780726 - Minutes - Board of Directors (BOD) Meeting 78-16 low MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S July 26, 1978 375 Distel Circle, D-1 Los Altos , CA I. ROLL CALL The meeting was called to order by Vice President Katherine Duffy at 7 :37 P.M. Members Present: Nonette Hanko, Katherine Duffy, Daniel Wendin, Richard Bishop, Edward Shelley, Barbara Green and Harry Turner (arrived 7 :45 P.M. ) Personnel Present: Herbert Grench, Anne Crosley, Jon Olson, Craig Britton, Nancy McComb and Phyllis Lee. II. APPROVAL OF MINUTES A. Minutes of June 28 , 1978 Motion: N. Hanko moved that the Board approve the minutes of June 28, 1978 with the amendments set forth in memorandum Pit-78-145 regarding Clarification of Board Action for June 28, 1978. R. Bishop seconded the motion. Discussion: H. Grench asked the Board to consider what questions they might want S. Norton to ask the Fair Politi- cal Practices Commission with regard to the Board' s Conflict of Interest Code adoption, before the next Board meeting, when the Board would review language prepared for the Code by S. Norton. H. Turner arrived at 7 :45 P.M. The motion passed unanimously. Motion: R. Bishop moved to approve the minutes of June 28 , 1978 as amended. D. Wendin seconded the motion. The motion passed unanimously. B. Minutes of July 12, 1978 The Board agreed that it is often important that the minutes reflect why a Board member votes "no" on an item. Motion: H. Turner moved that the Board approve the minutes of July 12 , 1978 as presented. R. Bishop seconded the motion. The motion passed unanimously. Meeting 78-16 Page two III. WRITTEN COMMUNICATIONS P. Lee advised the Board of the following Written Communications : 1) a letter dated July 19 , 1978 from the Clerk of the Santa Clara County Board of Supervisors announcing a public hearing on alloca- tion of State funds to be distributed to special districts; 2) a letter from the State Department of Finance dated July 24 , 1978, enclosing a questionnaire to be completed to help determine the District's allocation of the $37 million allotted to special dis- tricts; and 3) a letter dated July 20 , 1978 from Harry Aine asking for District response to the subdivision application of Ligda et al. , relative to easements. H. Grench stated that the letter received form the Santa Clara County Board of Supervisors did not apply to multi-county district fund allo- cations. Motion: H. Turner moved that the Board authorize the General Manager to respond as he sees fit to the letter from Harry Aine re- garding the Ligda subdivision application. R. Bishop secon- ded the motion. Discussion: D. Wendin said that he would like further in- formation regarding this item before authorizing staff to respond. R. Bishop pointed out that this was not a matter of Board policy but rather a reporting of facts. The motion passed unanimously. H. Grench asked that the Board place the letter from the State Department of Finance on the agenda, as he had new information to present to the Board regarding distribution of State funds. IV. ADOPTION OF AGENDA Motion: H. Turner moved that the Board adopt the agenda with the following additions: 1) under the category of Old Business with Action Requested, the addition of Clarification of Conflict of Interest Code/FPPC Inquiry; 2) under the category of New Business with Action Requested, the addition of Consideration of Application for State Funds from State Department of Finance; a_n_d3) under the category of New Business with Action Requested, a Clarification of Board policy on Noticing of Ad Hoc Committee Meetings. D. Wendin seconded the motion. Discussion: N. Hanko stated that she would prefer that new items for the agenda be kept to a minimum since the addition of items at the meeting does not allow for pub- lication in advance. The motion passed unanimously. V. OLD BUSINESS WITH ACTION REQUESTED A. Clarification of Conflict of Interest Code/FPPC Inquiry Consensus : H. Turner stated the consensus that the Board agreed to accept the language contained in S. Norton' s memo- Meeting 78-16 Page three randum (M-78-151) dated July 21, 1978 regarding Conflict of Interest Code (Residence Reporting Requirement) for presentation b- the Fair Political Practices Commission for their approval. The Board also agreed that S. Norton should continue the in- quiry before the FPPC as to whether or not the Board can change the adopted wording of the Code. VI. ORAL COMMUNICATIONS R. Mark, 725 Cowper St. , Palo Alto, told the Board that he had recently written a letter to the editor of the Palo Alto Times regarding the procedure of some public agencies of preventing members of the public to speak on all issues. He said that at District Board meetings he feels free to speak to the Board when amendments to items of discussion come up, some of which change the nature of the original discussion. He commended the Board on its policy of hearing comments from the public on all subjects of Board discussion. VII. NEW BUSINESS WITH ACTION REQUESTED A. Adjustment to 1977-78 Budget Appropriation M. Foster reviewed a memorandum (M-78-146) dated July 18, 1978 requesting Board approval to transfer $ 3,844 from the 1977-78 funds budgeted for Services and Supplies to Salaries and Employee Benefits. He explained that this transfer is necessary for the County Controller to complete the year-end closing and the slight overrun was due to the hiring of CETA employees. Motion: D. Wendin moved that the Board approve the transfer of $3 ,844 from the 1977-78 budget category of Services and Supplies (Acct. No. 9287-2001) to Salaries and Em- ployee Benefits (Acct. No. 9287-1001) . K. Duffy secon- ded the motion. The motion passed unanimously. B. Appointment of Auditor for 1977-78 Fiscal Year M. Foster introduced memorandum (M-78-147) dated July 18, 1978 regarding Appointment of Auditor for 1977-78 Fiscal Year. He said that Jon Melton, former District controller, recommended the use of Elmer Fox, Westheimer and Company for the annual audit of the District' s financial records. He said this company had performed past District audits, and in light of the new computer derived general ledger system, uncertainty since the passage of Proposition 13, and his new status as Controller, this firm should be retained to maintain audit continuity. Motion: K. Duffy moved that the Board appoint Elmer Fox, West- heimer and Company as its auditors for fiscal year 1977-78. N. Hanko seconded the motion.,��,' The motion passed unanimously. Motion: D. Wendin moved that the President of the Board accept the proposal submitted by Elmer Fox, Westheimer and Company on behalf of the District. R. Bishop seconded the motion. The motion passed unanimously. Meeting 78-16 Page four C. Consideration of Application for State Funds from State Department of Finance H. Grench distributed a fact sheet outlining the expected tax revenue for the District after Proposition 13 , plus the District' s share of the State surplus. He explained that currently the Dis- trict can expect to be funded at 48% of the 1977-78 tax revenue level even with surplus funds. He said that total requests from special districts for State surplus allocation were $540 million, but only $125 million in surplus funds was available. He said the State had allotted an additional $37 million for distribution to special districts in an attempt to meet the needs of special districts after distribution of the $125 million. He said the State Department of Finance would be developing criteria for determining the allocation of the $37 million during the next few weeks. He recommended that the Board direct staff to apply for the maximum funds available from the $37 million. He added that some of the districts who might apply for these funds might re- ceive less because they are enterprise districts who can raise revenue through non-property tax sources. Also he said there is a possibility of new legislation or an amendment to existing legis- altion that would increase the moneys available to special districts. He added that there is a possibility of a proposed change in the language of Proposition 13 to appear on the November ballot, which would allow public bodies to levy taxes for legally incurred in- debtedness rather than only for voter approved indebtedness. R. Mark said he felt the error made by the State regarding the amount of funds available was not intentional; however, many people were not happy with special districts. He said he felt the level of services, not the budget level, of police and fire agencies should be maintained. He said he felt chances for more money being appropriated to special districts were good. Motion: H. Turner moved that the Board direct the General Manager to complete the application for maximum funas available from the State Department of Finance for special districts. R. Bishop seconded the motion. Discussion: R. Mark said he thought it was important for the Board to do this so that the State legislature would realize how far short they had fallen in their initial es- timates. B. Green asked that the portion of the applica- tion that inquired about user fees be answered in a manner that would make clear the impraciticality of the District levying such fees. The motion passed unanimously. H. Grench noted that the Board had adopted policies for budget and action plan preparation based on an expected funding level of 85% . He said he would be recommending essentially the same policies at the new funding level. He asked that the Board reaffirm the current policies, keeping in mind that the budget would be pared down to accomodate the lower funding level. He said the Budget Committee had discussed the possibility of a workshop or special meeting to explore an issue related to the Action Plan, i .e. , the amount of publicity given to District sites and emphasis on certain sites. I Meeting 78-16 Page five Consensus : H . Turner stated the consensus of the Board that the matter of reaffirming the Board policies regard- ing budget and Action Plan preparation would be agen- dized for the Board meeting of August 9 , and that Budget Committee members would be prepared to make recommendations as to how the policies might be changed. D. Request for San Mateo County Portion of the State , Urban and Coastal Park Bond Acts of 1976 Monte Bello Open Space Preserve C. Britton introduced memorandum M-78-150 dated July 20 , 1978 regarding a Request for San Mateo County Portion of the State, Urban and Coastal Park Bond Acts of 1976/Monte Bello Open Space Preserve. He recommended that the Board adopt a resolution amending the Monte Bello Open Space Preserve Acquisition Project to include the $63,002 allocated to the District by San Mateo County from their share of the State, Urban and Coastal Park Bond Act of 1976. Motion: N. Hanko moved that the Board adopt resolution 78-17 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for 1976 State Grant Moneys (Monte Bello Open Space Preserve Acquisition Project - San Mateo County Allocation) . H. Turner seconded the motion. The motion passed unanimously. E. Proposed Addition to Monte Bello Open S2ace Preserve/Page Rirll Road Area (Small Parcels) C. Britton introduced report R-78-20 dated July 17 , 1978 regarding a Proposed Addition to Monte Bello Open Space Preserve, Page Mill Road Area (Small Parcels) . He told the Board that these parcels were omitted in the original purchase agreement for the existing Page Mill Road Area at the request of the owners. He said the use and management recommendations for these parcels would be the same as for the existing Preserve. He recommended that the Board adopt the resolution attached to the report, approve the use and management recommendations, and adopt the name "Monte Bello Open Space Preserve, Page Mill Road Area" for the site. Motion: H. Turner moved that the Board adopt Resolution No. 78-18 , 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 (Monte Bello Open Space Preserve - Burns San Mateo County Parcels) K. Duffy seconded the motion. Discussion: K. Duffy asked whether State bond money would be used for this purchase. H. Grench replied that due to the timing of this acquisition State bond money would not be directly applied. B. Green stated that the money to be used was in the District's reserve fund. The motion passed unanimously. Meeting 78-16 Page six Motion: D. Wendin moved that the use and management recommenda- tions contained in the report and the name Monte Bello Open Space Preserve, Page Mill Road Area be adopted by the Board. N. Hanko seconded the motion. The motion passed unanimously. The meeting recessed at 9 :20 P.M. and reconvened at 9 :35 P.M. F. Election Costs and Alternatives A. Crosley introduced report R-78-21 dated July 19 , 1978 , regarding Election Costs and Alternatives. She reviewed the report and rec- ommended that the Board clarify the existing policy regarding Span- ish translation of candidates' statements, so the policy would in- dicate that the District would provide Spanish translation only to those voters requesting it. She said the Board could modify the language in the Resolution if it chose to pay for candidates ' statements only in wards where there are opposing candidates, or not to pay for candidates' statements at all. Motion: D. Wendin moved that the Board adopt Resolution No. 78-19 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending Policy for the Hand- ling of Candidates Statements of Qualifications at District Elections. R. Bishop seconded the motion. Discussion: N. McComb told the Board that in evaluating the use of candidates statements as a form of publicity for the District's program she had found that most can- didates ' statements tended to philosophical and biograph- ical, so that the cost effectiveness of such statements for publicity purposes for the District was limited. She added that a large majority of voters do not read candi- dates ' statements where the candidates are opposed or unopposed. She said that although the use of candidates ' statements for purposes of publicizing the District' s pro- gram was not cost effective, she felt there were some pol- itical advantages to the District. Motion to Amend: N. Hanko moved to amend the motion adopting Resolution 78-19 by inserting the following words in Section Two after the word "California" : in those wards where two or more candidates have qualified to appear on the ballot" . . . D. Wendin seconded the motion. Following discussion D. Wendin and N. Hanko agreed that the motion to amend should be changed so that the phrase inserted would appear after the words "resolve that" rather than after the word "California" . Motion to Amend Amendment: D. Wendin moved that the following language be inserted after the word "California" in Section Two of the Resolution: "In the case where there is a single candidate qualified to appear on the ballot, the District shall bill the candidate for the cost of the candidate's statement and all identifiable costs related to Spanish translation and distribution thereof. " Meeting 78-16 Page seven B. Green seconded the motion. The motion passed unan- imously. Discussion: R. Mark remarked that the voters have spoken through Prop. 13 about unecessary expenditures of public funds. He suggested that an alternative to paying or not paying for candidates ' statements would be to share the cost between the District and the candidate. The motion to amend the resolution and the amendment to the resolution passed on the following vote : AYES: D. Wendin, E. Shelley, N. Hanko, R. Bishop and B. Green. NO: H. Turner and K. Duffy. Discussion: H. Turner said that he was opposed to the District paying for candidates ' statements at all. K. Duffy stated that she felt the District should pay for candidates ' statements whether opposed or unopposed. The original motion to adopt the Resolution (R-78-19) passed on the following vote : AYES : D. Wendin, K. Duffy, N. Hanko, E. Shelley, R. Bishop and B. Green. NO: H. Turner. Discussion: H. Turner voted no for the reason stated above. G. Consolidation of Elections A. Crosley reviewed memorandum M-78-144 dated July 18, 1978. She recommended that the Board adopt the resolutions requesting certain election services from the Counties of San Mateo and Santa Clara. Motion: K. Duffy moved that the Board adopt Resolution No. 78-20 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Request- ing Consolidation (San Mateo County) . E. Shelley seconded the motion. The motion passed unanimously. Motion: K. Duffy moved that the Board adopt Resolution No. 78-21, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Request- ing Consolidation (Santa Clara County) . N. Hanko seconded the motion. The motion passed unanimously. H. Fremont Older Open Space Preserve a) Progress Report J. Olson reviewed report (R-78-22) dated July 18 , 1978 regarding the Progress Report on Use and Management of Fremont Older Open Space Preserve. He advised the Board that the major change reco- mmended in the report would change the status of the former grey house to a rental unit and establish a caretaker in the adobe. He recommended that the Board adopt the use and management recommen- dations contained in the report. R. Mark commented that since there were stables located near many Dis- trict lands, including Fremont Older, many of the trails were im- passable by hikers due to damage done by horses during the months when the trails were muddy. Meeting 78-16 Page eight N. Hanko suggested that perhaps the trails could be closed to horses during those months when damage could be done. Motion: B. Green moved that the Board adopt the use and manage- ment recommendations contained in Report R-78-22 as a supplement to the existing plan adopted on July 27, 1977. K. Duffy seconded the motion. Discussion: D. Wendin suggested that the matter of clos- ing trails to equestrians during the winter months be con- sidered at the time of the annual review of the site. The motion passed unanimously. (b) Building Plan K. Duffy reviewed Report R-78-23 dated June 2 , 1978 , prepared by the Fremont Older Ranchhouse Committee. She told the Board that the plans discussed in the report would continue if approved by the Board. She said that since the report was prepared, the only change in the plans was that the hallway could not be widened as it is a structural wall. Motion: N. Hanko moved that the Board accept the building plans for the Fremont Older House as presented in the report. B. Green seconded the motion. The motion passed unani- mously. Discussion: D. Wendin pointed out that although the Board had approved the report building plans, the matter of transfer of the lease to El Camino Trust from Surbur- ban Newspapers would appear at a later Board meeting for Board consideration. I. Government Service Agreement with Xerox Corporation A. Crosley introduced memorandum M-78-149 dated July 19 , 1978 regarding Government Service Agreement with Xerox Corporation. She recommended that the Board authorize the General Manager to enter into an annual pricing agreement for the rental of the Xerox 4500 duplicating machine. She added that this authorization was necessary because the total annual cost exceeds $3 500. Motion: E. Shelley moved that the Board authorize the General Manager to approve the continuation of the fiscal pricing agreement with Xerox Corporation for another year. B. Green seconded the motion. The motion passed unanimously. J. Clarification of Board Policy on Noticing of Ad Hoc Committee Meetings K. Duffy stated that the Ad Hoc Committee would be meeting on July 27 to discuss the Picchetti Winery Proposal by Mr. Rakich. She explained that when this meeting was set it was her under- standing that it would be noticed in the same manner that standing committee meetings are noticed. She said it appeared that at the May 10 meeting when these meeting procedures were discussed there Meeting 78-16 Page nine was an attachment No. 3 which discussed noticing of ad hoc committee meetings; however the attachment was not included when the final Special Use Proposal Committee procedures were distribu- ted. D. Wendin said that he would research what action the Board had taken on the subject of noticing these meetings and give an oral report to the Board at the August 9 meeting. VII. INFORMATIONAL REPORTS A. Open Space Display at Palo Alto Medical Clinic H. Grench commended those who donated time and talent to produce the District exhibit at the Palo Alto Medical Clinic as part of an Environmental Showcase. He urged Board, staff and public to view the display, which will be on exhibit through October. VIII. CLAIMS Motion: N. Hanko moved that the Board approve the Revised Claims list (C-78-14) dated July 26 , 1978. B. Green seconded the motion. The motion passed unanimously. IX. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :40 P.M. to discuss land negotiations. X. ADJOURNMENT The Board reconvened to adjourn at 12 :15 A.M. Phyllis Lee Recording Secretary i A. Minutes of July 26, 1978 i Motion: R. Bishop moved that the minutes of July 26 , 1978 be approved with the following changes : Eliminate the second motion approving the minutes of June 28 , 1978 on page one of the minutes. Eliminate the words "and the amendment" from the first - sentence of the second paragraph on page seven of the minutes. The word "California" should be changed to "of these services" in the Motion to Amend Amendment on page six of the minutes. The words "N. Hanko left the meeting at 10 :40 F.M. " should be included under the heading EXECUTIVE SESSION on page nine of the minutes. D. Wendin seconded the motion. The motion passed unan- imously. I� II