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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