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HomeMy Public PortalAbout19780809 - Minutes - Board of Directors (BOD) AA, Meeting 78-17 law MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S August 9 , 1978 375 Distel Circle Los Altos , CA I . ROLL CALL The meeting was called to order by President Turner at 7 : 35 P.M. Members Present: Richard Bishop, Katherine Duffy, Barbara Green, Nonette Hanko, Edward Shelley, Harry Turner and Daniel Wendin. Personnel Present: Herbert Grench, Anne Crosley, Craig Britton, Nancy McComb, Cynthia DiGiovanni and Stanley Norton. APPROVAL OF MINUTES A. Minutes of July 26 , 1978 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 P.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. WRITTEN COMMUNICATIONS A. Crosley referred to a letter from the Deputy City Clerk of Cupertino enclosing a Resolution of the Cupertino City Council authorizing execution of an agreement with the District which would allow the Cupertino Parks and Recreation Department to conduct certain recreational programs on the Picchetti Ranch and Fremont Older Open Space Preserves. Meeting 78-17 Page two IV. ADOPTION OF AGENDA H. Turner stated the consensus that the agenda be adopted as presented with the addition of the Possible Scheduling of a Special Meeting under New Business With Action Requested. V. ORAL COMMUNICATIONS Gordon Jennings , 1411 Woodside Road, Woodside, said he wanted to comment on statements made at the July 26 Board meeting regarding the condition of trails on District sites due to equestrian use and the availability of assistance from eques- trians for trail maintenance. He said people had been riding horses in the foothills for years before hikers came through and had not damaged the environment. In addition, he said he felt equestrians would be happy to assist in keeping trails in shape. He said he would bring the subject up when use and management plans are reviewed. VI. OLD BUSINESS WITH ACTION REQUESTED A. Budget Policies Relating to Proposition 13 Reduced Funding H. Grench introduced his report (R-78-25) dated August 3, 1978 , recommending revised Budget Policies Relating to Proposition 13 Reduced Funding. He said the report, which was prepared follow- ing news that the District would be funded at 48% of last year ' s revenue level , had been reviewed by the Budget Committee -which had approved the proposed policies with a few changes. D. Wendin clarified that the Board would not be approving in- creased public use of sites at this point, but the Board will be looking into this question. Motion : H. Turner moved that the Board adopt the revised Budget Policies Relating to Proposition 13 Reduced Funding as set forth in R-78-25, with the following changes: The figure "450" in the Introduction on page one should be changed to "48%" ; Paragraph B. 2.b. on page two - The second sentence should be changed to read "The adopted Board policy on land management budget guidelines , which anticipated normal tax revenues , is suspended for this fiscal year (attached table shows that land management expenditures would actually be greater than if normal guideline percentage were applied to expected revenue) " ; Paragraph B. 2.b. (1) on page two - the sentence should read : "minimum capital improvements consistent with future Board policy on land use will be implemented on District sites , although improvements for public safety will be made" ; Meeting 78-17 Page three Paragraph B. 2.d. on page three - the first sentence should be changed to read as follows : "In supplement- ing other Board policies, the land management program will expect to emphasize the following: " Paragraph B.4.a. on page three - The word "would" in the first sentence should read "will. " B. Green seconded the motion. Discussion: H. Turner said he felt the strings attached to local agencies in order for them to receive surplus state funds eroded the concept of local con- trol and responsibility. R. Mark suggested that local agencies may have to take a serious look at how they are represented in Sacramento, and many of them cannot afford a lobbyist. G. Jennings said he supported the proposed policies for the present, and suggested the District consider contributing a portion of a lobbyist' s salary in conjunction with other open space districts. The motion passed unanimously. Motion: H. Turner moved that the Board hold a Special Meeting on Wednesday, September 6, 1978 at 7 : 30 P.M. at the , District offices for the purpose of considering the Action Plan and Budget for the 1978-79 Fiscal Year, subject to cancellation if the staff and Budget Ccnudttee have not completed their work. B. Green seconded the notion. The motion passed unanimously. B. Hassler Health Home Property H. Grench introduced report R-78-26 , dated August 3, 1978 , regarding the Hassler Health Home Property. He recommended that the Board invite the San Carlos City Council to hold a joint meeting with the District to determine citizen interest in acquiring the property. He pointed out that it would be necessary for the District to advise the State of its intentions very shortly so the grant funds would remain available for acquisition of the site. In addition, he said the Board may want to re-evaluate its policies regarding the Hassler site. G. Jennings said he felt the project was untenable, but that it was appropriate to ask San Carlos ' opinion. Motion: B. Green moved that the Board authorize the President to send a letter inviting the San Carlos City Council to hold a joint public hearing with the District in September to determine the current level of public interest in the Hassler property. R. Bishop seconded the motion. The motion passed unanimously. C. Conflict of Interest Code S. Norton introduced memorandum M-78-157 , dated August 3, 1978, regarding a proposed change in the District' s Conflict of Meeting 76-17 Page four Interest Code on reporting one' s principal residence. He recommended the Board approve the following language: "The portion of land located within the District's acquisition planning area or within two miles, as hereinabove set forth, used principally as the residence of the designated position, including up to one acre in area surrounding such residence, shall not be considered an ' interest in real property' for the purposes of this Code and need not be reported, but the rest of any such land shall be reported and its value declared. " N. Hanko said she would vote against the proposed language since she felt everyone should report their residence and its value if within the acquisition planning area or within two miles thereof. Motion: H. Turner moved adoption of Resolution No. 78-22, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Amending Conflict of Interest Code Adopted Pursuant to Political Reform Act of 1974. R. Bishop seconded the motion. The motion passed on the following vote: AYES - H. Turner, D. Wendin, R. Bishop, B. Green, K. Duffy and E. Shelley; NO - N. Hanko. D. Ad Hoc Site Committee Meeting Notice Requirements D. Wendin said he had reviewed materials previously considered by the Board and concluded that the Board had approved sending notices of meetings for the three ad hoc site review committees that had been created to consider proposals for a Picchetti WinOry, Deer Hollow Farm and the Fremont older Ranchhouse. He said he had a number of suggested changes in mind for the entire policy on Special Site Use Procedures. He noted that staff estimates the cost of a special mailing for a meeting notice at about $45. Motion: R. Bishop moved that D. Wendin return to the Board with recommended changes in the Special Site Use Procedures. B. Green seconded the motion. The motion passed unanimously. VII. NEW BUSINESS WITH ACTION REQUESTED A. Approval of First Quarter of Annual Claims List M. Foster introduced memorandum M-78-156 , dated August 2, 1978, recommending Approval of First Quarter of Annual Claims List in accordance with the Rules of Procedure, which provide for approval of recurring monthly expenditures in this manner. Meeting 78-17 Page five Motion: B. Green moved adoption of the Interim Annual Claims List as set forth in Memorandum M-78-156. N. Hanko seconded the motion. The motion passed unanimously. VIII. INFORMATIONAL REPORTS A. Gift Recognition Policy Brochure C. Britton distributed an informational brochure describing the District's policies on recognition of those who have donated land, money or other assets to the District. B. Settlement of Eldridge Occupant Claims C. Britton advised that Claims 203 and 204 on the Revised Claims List are payments for a pending settlement on the matter of occupants of the Eldridge property. The settlement includes a waiver of utility claims or relocation rights, although the District's position is that the occupants have no such rights in any event; the property is to be clear of occupants and any guests by September 1, 1978; that half of the claim will be paid now and half at a later date. He said the reason for the settlement is essentially to save staff time and legal expenses that would be incurred for the District to defend its position. He added that there is a "gentlemen's agreement" that the occupants will remove their debris. In response to a question from G. Jennings concerning whether the settlement would set a precedent, S. Norton replied that the agreement with the occupants makes it very clear that this is not a precedent and that the occupants are signing a release of any claims which they may or may not be entitled to. R. Bishop said he felt this was a good disposition of the mat- ter in order to avoid the uncertainty of pending legal action, legal costs and staff time. E. Shelley expressed his disagreement, stating that he did not feel the Board should pay money to avoid the inconvenience of a "hassle. " C. Meteor Shower H. Turner advised that a meteor shower could be seen sometime between 2:00 and 5:00 A.M. next Saturday morning, August 12 in the northeast. D. Edgewood State College Site Status H. Grench said the bill sponsored by Senator Gregorio which would keep the State College Site available to the District II Meeting 78-17 Page six and San Mateo County at a price of $2. 335 million until December, 1979, will be considered by the Senate Finance Committee next. He said the bill passed the Senate Govern- mental Organization Committee, with a provision that the District and the County must come up with a funding plan within ninety days. He said this should give two oppor- tunities for applying for a Land and 'Kater Conservation Fund grant . Consensus: H. Turner stated the consensus that the President of the Board send a letter to Senator Arlen Gregorio in behalf of the Board thanking for his sponsorship of the State College Site bill. E. Additional Funding for Special Districts H. Grench advised that there were three bills in the State legislature that had been proposed to give additional surplus funds to special districts, and that staff would be following their progress. IX. CLAIMS Motion: H. Turner moved approval of the revised claims (C- 78-15) dated August 9, 1978, with the exception of claim Nos. 203 and 204. E. Shelley seconded the motion. The motion passed unanimously, with N. Hanko abstaining from claim, Nos. 184 and 215. Motion: H. Turner moved approval of claim. Nos. 203 and 204 of the revised claims list (C-78-15) dated August 9 , 1978. D. Wendin seconded the motion. Discussion: D. Wendin stated that as a matter of principle he agreed with E. Shelley's views on payment of these claims, but because of the District' s limited finances, he would vote in favor of the motion. N. Hanko said she wanted it clear that this was not a relocation payment. The motion passed on the following vote: AYES - H. Turner, D. Wendin, R. Bishop, B. Green, K. Duffy and N. Hanko; NO - E. Shelley. X. EXECUTIVE SESSION The Board recessed to Executive Session at 9 :02 P.M. to dis- cuss Land Negotiations and Personnel Matters. B. Green left the meeting at 9 : 20 P.M. XI. ADJOURNMENT The Board reconvened to adjourn at 10 : 45 P.M. Anne Cathcart Crosley District Clerk