HomeMy Public PortalAbout19790124 - Minutes - Board of Directors (BOD) Meet 79-2
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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.
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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.
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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.