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