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HomeMy Public PortalAbout19790124 - Minutes - Board of Directors (BOD) Meet 79-2 AW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S January 24, 1979 375 Distel Circle, D-1 Los Altos, CA I. ROLL CALL The meeting was called to order by President Shelley at 7 : 35 P .M. Members Present: Nonette Hanko, Daniel Wendin, Edward Shelley, Richard Bishop, Barbara Green, Katherine Duffy Harry Turner arrived at 7 : 40 P.M. Personnel Persent: Herbert Grench, Anne Crosely, Jon Olson, Pat Starrett, Cynthia DiGiovanni, Eric Mart, Stanley Norton, and Julie Batenburg II. SPECIAL ORDERS OF THE DAY A. Appointment of Board Standing Committee Members E. Shelley appointed the following Board members to the Budget Committee, Legislative Committee, and Site Use Committee with the Board's consent: Budget Committee Site Use Committee Legislative Committee H. Turner (Treasurer) E. Shelley 11. Hanko K. Duffy K. Duffy R, Bishop D. Wendin N. Hanko B. Green III. NEW BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Monte Bello Open Space Preserve/Phila- delphia Investment Property J. Olson introduced report R-79-1, dated January 18 , 1979 on the Proposed Addition to Monte Bello Open Space Preserve/Phila- delphia Investment Property. He said the District has the oppor- tunity to buy 100 acres east of Skyline Blvd. for $303, 000. Twenty acres are currently operated as a Christmas tree farm. The use and management plan will be presented prior to the District taking title. Meeting 79-2 ?age two Motion: K. Duffy moved that the Board adopt Resolution 79-3, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Authorizing Exercise of Option 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 (Addition to Monte Bello Open Space Preserve/Philadelphia Investment Property) . N. Hanko seconded the motion. The motion passed un- animously. Motion: K. Duffy moved that the property be known officially as the Monte Bello Open Space Preserve. N. Hanko seconded the motion. The motion passed unanimously. B. Proposed Addition to Monte Bello Open Space Preserve/McCone Property J. Olson introduced report R-79-2, dated January 18 , 1979 on the Proposed Addition to Monte Bello open Space Preserve/McCone Property. He said the District has the opportunity to purchase 40 acres of land on the west-facing slope of Monte Bello Ridge adjacent to Stevens Creek County Park. Because of budgetary constraints and current land management commitments, it is felt the site should be managed as a natural area. No public access is currently available to the site, but will potentially be developed through the County Park in the long term. Robert Mark, 725 Cowper St., Palo Alto expressed concern about the subject acquisition being withheld from open space dedication until management plans have been finalized. He then asked. for clarification on what constitutes dedicated open space, which properties have been dedicated, which haven' t, and what it takes to have them dedicated. H. Grench stated that staff is currently working on a report and resolution which would be the official basis for a dedicated or non-dedicated District site. He also stated that the report and resolution would clearly define that almost all District acqui- sitions have been dedicated as open space. He added that since the legalities of the dedication procedure haven't been completely finalized since the ims, act on the County was unknown (should the property be tr4nsferre ) f and because ot 4 possible boundary ge- alignment with adjacent properties, dedication of some pgoperty was being withheld. R. Mark said he feels that it is unfortunate that the issue has gotten this far with no clear understanding on what is dedicated, what is not, and what sort of transfers are later permitted to other agencies with dedicated lands. Meeting 79-2 age three E. Shelley said that post-Proposition 13 compromises started the Board thinking about dedication. He said that up until that time it was assumed that all sites had been dedicated. He added that now may be the time to look at some properties where it may be advantageous to the final goals of the District to have the capability of exchanging certain properties or portions thereof. R. Bishop stated that a concept of a land bank status is being con- sidered certain parcels where the District is not absolutely sure if they should be a permanent part of the store of open space. R. mark said questions about this concept have been raised before, and that the public was always assured that all properties had been dedicated at the time of acquisition. R. Bishop said that has been the policy in the past, but in the future there may be a distinction as to whether a parcel is dedicated or if it will held in land bank status. E. Shelley stated that the policy on dedication will be a future agenda item. Motion: R. Bishop moved that the Board adopt Resolution 79-4, 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 (Addition to Monte Bello Open Space Preserve/McCune Property) . K. Duffy seconded the motion. The motion passed unanimously. Motion: H. Turner moved that the Board adopt the use and manage- ment recommendations contained within report R-79-2 and adopt the official name Monte Bello Open Space Preserve for the site. B. Green seconded the motion. Amendment: D. Wendin moved to amend the motion adopting the use and management recommendations in report R-79-2 , stating that the subject parcel was exempted from dedication as open space. H. Turner seconded the motion. The amendment passed unanimously. The amended motion passed unanimously. C. Establishing Signatories for Santa Clara County Account, Wells Fargo Bank Checking Account, United California Bank, and Union Bank. A. Crosley introduced memorandum M-79-17, dated January 17, 1979 concerning the District's Rules of Procedure for establishing Meeting 79-2 gage four the financial instrument signatories of the District for Santa Clara County accounts, for signing and endorsing checks and other instruments (Wells Fargo Bank) , for approving the Certificate of Authority of officers (United California Bank) , and for establishing new specimen signatures (Union Bank) . Motion: N. Hanko moved that the Board adopt Resolution 79-5, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Signatories of the District for Santa Clara County. H. Turner seconded the motion. The motion passed unanimously. Motion: N. Hanko moved that the Board adopt Resolution 79-6, a Resolution Authorizing Signing and Endorsing Checks and Other Instruments (wells Fargo Bank) . H. Turner seconded the motion. The motion passed unanimously. Motion: K. Duffy moved that the Board adopt Resolution 79-7, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Certificate of Authority of officers (United California Bank) . H. Turner seconded the motion. The motion passed unanimously. Motion: B. Green moved that the Board adopt Resolution 79-8, a Resolution Establishing New Specimen Signatures for Signing and Endorsing Checks and other Instruments (Union Bank) . H. Turner seconded the motion. The motion passed unanimously. D. Renewal of Note With Union Bank M. Foster introduced memorandum M-79-23 dated January 19, 1979 concerning the annual renewal of a 4-year note on a portion of . the Fremont Older Open Space Preserve. There are two years remaining on the note. Motion: R. Bishop moved that the Board sign the note with Union Bank. K. Duffy seconded the motion, The motion passed unanimously, IV— OLD BUSINESS WITH ACTION REQUESTED A. Approval of Contract with Legislative Consultant H. Grench introduced memorandum M-79-16 dated January 19, 1979 concerning an agreement with the firm California Advocates, Inc. for legislative consultant services. The contract would be for $800 per month, except when the Legislative is in recess for four weeks or more, in which case the fee would be reduced to $400 per month. Gene Gualco of the firm Gualco, Ochoa, Holdetnessr Barbosa & Crook was previously enlisted as a legislative con- Meeting 79-2 gage five sultant't but was appointed to the bench by Gov. Jerry Brown. That contract was not consummated, R. Bishop asked that it be stated in the records that the Legislative Committee approves of the choice in consulting firm. Motion: B. Green moved that the Board authorize the General Manager to execute the contract with California Advocates, Inc. on behalf of the District. R. Bishop seconded the motion. The motion passed unanimously. B. Investment Policy, Funds for Legislative Consultant and Policy Regarding Filling Vacancies H. Grench introduced memorandum M-79-21 dated January 15, 1979 referring to the temporary investment of idle funds in securities as allowed by Government Code, the authorization of budget transfer by the General Manager of up to $5000 from New Land Commitments to Services and Supplies for funds for the legislative consultant services, and the amendment for the 1978- 79 Program Budget Policies relating to Proposition 13 reduced funding which authorizes the General Manager to fill a vacant full or part time position on an emergency basis. Motion: H. Turner moved that the Board adopt Resolution 79-9, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Secruities Allowed by Government Code. B. Green seconded the motion. The motion passed unanimously. H. Turner stated that the Board would like an oral report from the Controller on the investment transactions that took place during the week preceding the Board meeting. M. Foster said the report would take place during the Informational Reports portion of the meeting. Motion: B. Green moved authorization of budget transfer by the General Manager of up to $5000 from New Land Commitments to Services and Supplies for funds for the legislative consultant services. R. Bishop seconded the motion. Dan Wendin stated the Budget Committee approved of the transfer. The motion passed unanimously, Motion; , D. Wendin moved approval of the amendment for 1978,'79 Program and Budget Policies Relating to Proposition 13 Reduced Funding (July 12 and August 8, 1978) to give General Manager authority to fill a vacant full or part time position (regular or temporary) on an emergency basis if there is not time to allow prior Board action, but that such action by the General Manager would be subject to confirmation by the Board at its next Regular Meeting 79-2 ?age six Meeting. H. Turner seconded the motion. The motion passed unanimously. D. Wendin stated on behalf of the Budget Committee that the risk associated with confirmation of a new employee was sufficient enough to assume that the General Manager would fill a vacancy on an emergency basis only. C. "Seed Money" For Possible Hassler Assessment District S. Norton introduced memorandum M-79-19 dated January 18, 1979 regarding whether the District may legally provide "seed money" or financial assistance for preliminary legal and/or engineering expenses which may be involved in the initiation of assessment district proceedings to be conducted by the City of San 'Carlos for the purpose of participating in the acquisition of the Hassler property. S. Norton stated that in his opinion, "seed money" was necessary for possible legal expenses land a resolution should .be prepared recommending- a maximum amount of money and requesting approval by the General Manager for specified proposed expenditures. He felt $3, 000 would be an adequate amount allotted for this purpose. H. Grench said he would like to have a resolution prepared so staff would have the discretion to spend money if needed. Motion: R. Bishop moved authorization of the District' s attorney to prepare a resolution authorizing expenditure of funds up $3, 000 for legal and/or engineering services in con- nection with initiation of a Hassler assessment district. N. Hanko seconded the motion. DiSCUSSIon: D. Wendin said he felt $3F000 was a high figure for this purpose and suggested $500 as a more reasonable amount. S. Norton added that should the assessment district be formed, MROSD would enter into a joint powers agreement which would provide for reimbursement of the "seed money" , Amendment; D, Wendin amended the motion to provide that the City of San Carlos commit to pay 50% of all such expenses in excess of $500. B. Green seconded the amendment. Discussion: R. Bishop spoke against the amendment saying restrictions and conditions placed on the amount of "seed money" spent might stop all progress and cooperation on this joint project. Geri Albers, 925 Arbor Road, Menlo Park, questioned whether the District should even be involved in the Meeting 79-2 -,age seven Hassler acquisition when citizen support appeared to be weak. E. Shelley said if the District is interested in pro- moting the assessment district, the financial partici- pation by the City of San Carlos should be eliminated; however, he said he could support a reduced amount of $500. The amendment failed on the following vote: Noes: K. Duffy, B. Green, N. Hanko, R. Bishop, and E. Shelley. Ayes; D. Wendin R. Bisho' p then restated his motion with the following provision: Motion: R. Bishop moved authorization of the District's attorney prepare a resolution authorizing expenditure of funds up to $3, 000 for legal and/or engineering services in connection with initiation of a Hassler assessment district; thereafter, the assessment district be formed in such a way so as to provide th6. Midpeninsula Regional Open Space District with reimbursement for any legal ,,,and/or engineering expenses incurred. .Discussion, H. Turner expressed concern about further expenses after the initial $3, 000 is spent, S. Norton said once the San Carlos council votes to pro- ceed with the petition for the assessment district, no further financial involvement on the part of MROSD would be required. B. Green said authorizing a large sum for "seed money" could possibly be an open invitation to spend more than needed. S. Norton said authorizing $3, 000 was a convenience measure for him which meant that he probably would not have to return to the Board to request additional funds. Amendment: D. Wendin moved to amend the motion to reduce the amount of "seed money" from $3,000 to $500. H. Turner seconded the amendment. Discussion: K. Duffy stated that the District should be more generous in the amount of "seed money" allotted because it could set a precedent for the formation of future assessment districts. The amendment passed on the following vote: Ayes: D. Wendin, B. Green, T. Turner, E. Shelley Noes: R. Bishop, K. Duffy, N. Hanko Meeting 79-2 age eight The amended, restated motion passed unanimously, K. Duffy asked what kind of Board action would be required in the formation of the assessment district, S. Norton stated that a Joint Exercise of Powers agreement would be drawn up between the District and the City of San Carlos and at some point the assessment district would come to the Board requesting needed funding. He added that authorization of "seed money" in no way commits the Board to the actual acquisition. R. Bishop said that many decisions by the Board will be taking place at one time, and he suggested that further discussion on the assessment district proceedings be placed on an agenda. E. Shelley suggested that the proponents of the assessment district bring specific recommendations to the Board. V. NEW BUSINESS WITH ACTION REQUESTED A. Approval of Contract with Personnel Consultant H. Grench introduced report R-79-3 dated January 18 , 1979 on the hiring of a personnel consultant. He said that over the past several years, the District staff has increased and administrative policy questions have arisen from time to time which are not covered in the Board' s adopted Personnel Policies. He also said there has never been a comprehensive study of the District' s salary administration and benefits structure by a professional personnel consultant, who could recommend needed improvements or changes in a system appropriate to the District as it has evolved. Motion: D. Wendin moved authorization of the General Manager to hire a professional personnel consultant to evaluate the District' s salary administration and benefits pro- gram and to recommend a comprehensive, practical system for consideration by the Board. B. Green seconded the motion. The motion passed unanimously. Motion: D. Wendin moved authorization of the General Manager to spend $3, 500 needed for the consulting services. B. Green seconded the motion. The motion passed unanimously. VI. INFORMATIONAL REPORTS H. Grench reported on the progress of SB 31 funds. He said the bill passed the Senate but would have trouble in the Assembly. He added that there is a hearing scheduled in Sacramento for Monday, January 29. H. Grench announced that he has appointed Robert Girard as Trustee of the Peninsula Open Space Trust to replace Gene Brown who has retired from their board. Meeting 79-2 age nine A. Crosley asked that the Board fill out and return the Conflict of Interest Code forms at their earliest convenience. M. Foster reported on the investment transactions involving District idle funds. He said that $5 million has been invested in the following manner: 12 deposits with savings and loan institutions, 2 deposits with banks, 1 negotiable certificate purchased, and 2 sets of commercial paper purchased. The terms of the deposits and purchases ranged from one to six months with an 11% yield. H. Turner gave a brief report on the top Picchetti winery proposals. D. Wendin asked for a copy of the top winery bid with a cover letter explaining why it was the selected proposal. E. Shelley reported on a meeting he attended of the Governmental Research Council of San Mateo County with A. Alan Post speaking. He said most of the talk was regarding the schools. J. Olson said a public information meeting concerning Monte Bello Ridge is tentatively scheduled for February 5 at 7: 30 P.M. at Monte Bello School, VII. CLAIMS J. Olson asked that claim 601 on Revised Claims- C-79�02 dated January 24, 1979 be removed. Motion; D. Wendin moved the approval of the Revised Claims C-79-02 dated January 24, 1979 with the removal of claim 601. N. Hanko seconded the motion. The motion passed unanimously. IX. EXECUTIVE SESSION The Board recessed to Executive Session at 9 ; 35 P,M. to discuss land negotiations. X. ADJOURNMENT The Board reconvened to adjourn at 10:40 P.M. Julie Batenburg Recording Secretary II. APPROVAL OF MINUTES w A. Minutes of January 24 , 1979 E. Shelley requested that "and Personnel Matters" be added at the end of item IX EXECUTIVE SESSION on page nine. President Shelley stated Board consensus that the minutes be approved with this minor change.