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HomeMy Public PortalAbout19790613 - Minutes - Board of Directors (BOD) Meeting 79-17 At- or 0 QWWWL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S June 13, 1979 375 Distel Circle Los Altos, CA I. ROLL CALL The meeting was called to order by Vice President Barbara Green at 7: 42 P.M. Members Present: Barbara Green, Daniel Wendin, Nonette Hanko, Harry Turner, Richard Bishop and Katherine Duffy. Member Absent: Edward Shelley Personnel Present: Jon Olson, Craig Britton, Charlotte MacDonald, Eric Mart, Dave Camp, Dennis Danielson, Shirwin Smith, Cynthia DiGiovanni, Del Woods, Jennie George, and Stanley Norton. II. APPROVAL OF MINUTES A. Minutes of April 25, 1979 B. Green Stated Board consensus that the minutes of April 25 , 1979 be approved as presented. B. Minutes of May 16 , 1979 D. Wendin requested a correction on page two last paragraph and page three first paragraph; the date May 16 should be corrected to May 23. B. Green stated Board consensus that the minutes of May 16 , 1979 be approved as corrected. C. Minutes of May 30, 1979 B. Green stated Board consensus that the minutes of May 30 , 1979 be approved as presented. III. WRITTEN COMMUNICATIONS J. George referred to a letter dated May 24, 1979 from Senators Alan Robbins and Bill Campbell urging the MROSD Board of Directors to adopt a resolution in favor of allowing the people of California to vote on two critical issues - the Robbins Anti-Force Busing Constitutional Amendment and the Gann "Spirit of 13" spending limit--SB 217. B. Green stated board consensus that this matter be referred to the Legislative Committee for discussion at their next meeting. Meeting 79-17 Page two J. George referred to a bulletin from the University of California, Berkeley announcing a one-day seminar on July 21, 1979 "How to Be a More Effective Commissioner or Public Board Member. " IV. ADOPTION OF AGENDA J. Olson requested the addition of an item SPECIAL ORDERS OF THE DAY and a new agenda item No. 8 , Approval to Fill Staff Vacancy, and changing item No. 8 to No. 9. V. SPECIAL ORDERS OF THE DAY E. Mart introduced three new District rangers, Shirwin Smith, Dennis Danielson and Dave Camp. VI. ORAL COMMUNICATIONS Robert Mark, 725 Cowper, Palo Alto distributed a memorandum dated December 6, 1979 from Norbert H. Dall, Coastal/Land Use Coordinator regarding Coastal Legislation (AB 13) . He suggested that people write to Governor Brown encouraging his vote on the matter. VI . NEW BUSINESS WITH ACTION REQUESTED A. Determination of Public Necessity-Proposed Addition to Rancho San Antonio Space Preserve (Peterson Property) C. Britton introduced report R-79-26 , dated June 6 , 1979 regarding the Determination of Public Necessity - Proposed Addition to Rancho San Antonio Open Space Preserve (Peterson Property) . He noted a correction of the first word, second line of the introduction changing the site' s location from "easterly" to "westerly" . Legal Counsel for the District, S. Norton, introduced new Power of Iminent Domain laws and explained the code. He directed that the Board must (1) hear from the staff, (2) hear from the property owners; and (3) hear from the public. B. Green declared the Public Hearing open. Anthony Lagorio said he is legal counsel for Mr. Peterson and adjoining property owner. He said he did not question the District' s right to take the property but he believed the offered price was ridiculous. He said he was protesting on Mr. Peterson' s behalf. S. Norton replied that the issue before the Board was the Code of Civil Procedure not the amount of the appraisal. R. Mark said he concurred with the staff report that the property in question is a critical acquisition. PUBLIC HEARING closed at 8 :03 P.M. Meeting 79-17 Page three Motion: D. Wendin moved adoption of Resolution 79-22, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Finding and Requiring that the Public Interest and Necessity Require the Acquistion of Certain Properties for Public Use, to Wit: for Public Park, Recre- ation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing its Retained Legal Counsel to do Everything Necessary to Acquire All Interests Therein. N. Hanko seconded the motion. The motion passed unanimously. B. Adoption of Preliminary Budget for Fiscal Year 1979-1980 J. Olson introduced report R-79-24 , dated June 7, 1979, Adoption of Preliminary Budget for 1979-80 Fiscal Year. He suggested that each program leader review their portions in the report pertaining to their specific programs. C. Britton reported that $2 .15 million was spent last year on land expenditures - new land commitments and previously committed projects . He said that the total acreage acquired wac 1,798, the greatest area acquired in any one fiscal year; however, the total dollars spent was less than either of the previous two fiscal years . D. Wendin said that there is some hope that additional revenue will be forthcoming in the form of a Special Debt Service Revenue to cover a pre-Proposition 13 debt of approximately $1.4 million. He added that the budget had been stated to include that amount as if the District is going to receive that money. J. Olson reviewed the Land Management portion of the report. He said the Budget Committee had been asked to address adequate levels of patrol and maintenance. He said the major increases had been in Operations and Maintenance and the Docent programs . C. MacDonald said the Public Communications Coordinator position had been vacant for a period of time and this portion of the budget was underspent. She informed that the Legislative Consultant fee is the major increase. Also the printing budget and graphics design have increased. J. Olson reported on the General Management and Program Support portion of the report. He said the major change is the Policy for Payment of Professional Dues and Memberships . M. Foster introduced report R-79-23, dated June 6 , 1979 regarding the Analysis of the Proposed Fiscal Year 1979-1980 Budget. He said the District would have $7 . 35 million in cash and investments: Meeting 79-17 Page four to begin the year and would not have any cash flow problems during the year. He added that the $1. 39 million Special Debt Service Revenue which is included in the revenue is uncertain. He discussed the District' s capability to enter into new debt capacity for installment contracts. D. Wendin introduced the Budget Committee' s report R-79-21, dated June 6, 1979. He said several specific issues required Board action. He reviewed the new budget limit formula recommendation for the Land Management budget. Motion: D. Wendin moved adoption of the Land Management Budget Limit as described in report R-79-21 and in the staff report R-79-24 with the base total being $405, 000. H. Turner seconded the motion. The motion passed unanimously. D. Wendin reviewed the matter of Director remuneration for Board meetings. Motion: N. Hanko moved that Director remuneration return to $50 per meeting with a maximum of $100 per month. B. Green seconded the motion. The motion passed on the following vote: AYES: N. Hanko, H. Turner, B. Green, Bishop and Duffy. NO : D. Wendin D. Wendin discussed Policy for Payment of Professional Dues and Memberships as contained in report R-79-21, Motion: R. Bishop moved adoption of the Policy for Payment of of Professional Dues and Memberships as contained in report R-79-31, dated June 6, 1979. H. Turner seconded the motion. The motion passed unanimously. D. Wendin requested an addition of an item No. 6 to page one of report R-79-21 stated as follows : 6. (a) It will not be necessary for the Budget Committee to meet regarding all budget contingencies. The decision to do so would be left to the General Manager or Board President. (b) It will not be necessary for the Budget Committee to review all staff replacements this year. The General Manager can use his own discretion based on Board reaction. B. Green stated there was Board consensus agreeing to the added recommendation as contained in item No. 6 . Meeting 79-17 Page five Motion: R. Bishop moved adoption of Resolution 79-23, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Adopting Preliminary Budget for Fiscal Year 1979-1980. K. Duffy seconded the motion. Discussion: R. Mark inquired of the public avail- abili't-y---o-T the Budget document prior to the Board , taking action. He felt the public needed more time to review the report. D. Wendin recommended that next year information could be disseminated from the Budget Committee as the budget is being dis- cussed and prepared. The motion passed unanimously. M. Foster introduced memorandum M-79-96 , dated June 6 , 1979 regarding the Annual Claims List. Motion: H. Turner moved that the Board adopt the Annual Claims List. N. Hanko seconded the motion. The motion passed unanimously. C. Adoption of the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1979-1980 J. Olson introduced report R-79-25, dated June 7 , 1979 regarding the Action Plan for 1979-1980 . Each individual program leader discussed and evaluated their 1978-1979 versus 1979-1980 programs. K. Duffy said she preferred the evaluation format in place of a printed progress report. She recommended that next year this evaluation process take place before the Board takes final action on the Action Plan. Motion: K. Duffy moved adoption of the Action Plan for the Imple- mentation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1979-1980. R. Bishop seconded the motion. The motion passed unanimously. Motion: N. Hanko moved that the Board tentatively schedule a work- shop sometime in November, 1979 to evaluate progress with respect to the Action Plan. K. Duffy seconded the motion. The motion passed unanimously. B. Green stated Board consensus that a Board Committee of two persons be appointed in September, 1979 to prepare for the workshop by recommending how the evaluation should be done and how the workshop should be structured. The Board recessed at 9:20P .M. and reconvened at 9 :40 P .M. Meeting 79-17 Page Six D. Proposed Addition to Foothills Open Space Preserve/Page Mill Road Area (former McCulley Property) C. Britton introduced report R-79-29, dated June 6 , 1979 regarding the Proposed Addition to Foothills Open Space Preserve/Page Mill Road Area (Former McCulley Property) . He recommended that the property not be dedicated to allow for flexibilty should an exchange or disposal be desirable. He added that the property is part of the Page Mill corridor, is visable from Page Mill Road and abuts a Palo Alto 80 acre site. Motion: K. Duffy moved adoption of Resolution 79-24, 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 Author- izing General Manager or in His Stead the Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transactions (Foothills open Space Preserve/McCulley Property) . D., Wendin seconded the motion. Discussion: Mark Schneider, 12100 Skyline Boulevard, Los Gatos discussed various aspect of the Restriction Agreement attached to the report. The motion passed unanimously Motion: D. Wendin moved that the dedication status of the property be withheld, adoption of the use and management recommen- dations as contained in the report and adoption of the un- official name of Foothills Open Space Preserve. N. Hanko seconded the motion. The motion passed unanimously. E. Proposed Additon to Manzanita Ridge Open Space Preserve (Laye Property - Partial Interest) C. Britton introduced report R-79-22, dated June 1, 1979 regarding the Proposed Addition to Manzanita Ridge Open Space Preserve (Laye Property - Partial Interest) . He said the District has the Oppor- tunity to purchase a one-third undivided interest in this 137 acre piece of property near Los Gatos . He added that the Santa Clara County Assessor' s Office has agreed to cancel the District's taxes on the one-third interest. Motion: K. Duffy moved adoption of Resolution 79-25, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Propety, Authorizing Officer to Execute Cer- tificate of Acceptance of Grant to District, and Author- izing General Manager or in His Stead the Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Manzanita Ridge Open Space Preserve/Laye Property) H. Turner seconded the motion. The motion passed unanimously. Meeting 70-17 Page seven Motion: R. Bishop moved that staff obtain attorney opinion in clarifying the reimbursement of previously paid taxes on the property. D. Wendin seconded the motion. Discussion: D. Wendin clarified that the motion is not a condition of the sale. The motion passed unanimously. Motion: D. Wendin moved that there be no dedication of the property at this time, adoption of the interim use and management recommendations as contained in report R-79-22 , and that Manzanita Ridge Open Space Preserve be designated the un- official name. H. Turner seconded the motion. The motion passed unanimously. F. Agreement with Caltrans for Expenditure of Approximately $450,000 in Marsh Mitigation Funds - Dumbarton Bridge C. Britton introduce report R-79-95, dated June 6 , 1979 regarding and Agreement with Caltrans for Expenditure of Approximately $450,000 in Marsh Mitigation Funds for Dumbarton Bridge Replacement. He explained that the resolution, if passed, would commit the District to taking title to and managing the site. The District would not actually take title for approximately 1-1h years . Motion: N. Hanko moved adoption of Resolution 79-26, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement with Caltrans for the Purchase of Real Property, Authorizing General Manager or in His Stead the Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Baylands Park- Ravenswood Triangle) . G. Proposed Change of Authorized Signatories for District Accounts and Safe Deposit Box J. Olson introduced memorandum M-79-98 regarding Proposed Change of Authorized Signatories for District Accounts and Safe Deposit Box. Motion: B. Green moved adoption of Resolution 79-27, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending Rules of Procedure. R. Bishop seconded the motion. The motion passed unanimously. Motion: B. Green moved adoption of Ordinance 79-1, an Ordinance Authorizing Signatories to Checks, Warrants, Withdrawal Applications and Santa Clara County Claim Forms for the Midpeninsula Regional Open Space District. D. Wendin seconded the motion and noted an error to be corrected in Section 1, (f) . Should read "Land Acquistion Manager" . The motion passed unanimously. Meeting 79-17 Page eight Motion: B. Green moved adoption of Resolution 79-28, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts. H. Turner seconded the motion. The motion passed unanim- ously. Motion: B. Green moved adoption of Resolution 79-29 , a Resolution Authorizing Signing and Endorsing Checks and Other Instru- ments (Wells Fargo Bank) . K. Duffy seconded the motion. The motion passed unanimously. Motion: B. Green moved adoption of Resolution 79-30, a Resolution of the Board of Directors of the Mid peninsula Regional Open Space District Approving Certificate of Authority of Officers (United California Bank) . R. Bishop seconded the motion. The motion passed unanimously. Motion: B. Green moved adoption of Resolution 79-31, a Resolution Establishing New Specimen Signatures for Signing and Endorsing Checks and Other Instruments (Union Bank) . R. Bishop seconded the motion. The motion passed unanimously. Motion: B. Green moved adoption of Resolution 79-32, a Resolution Establishing Signatures for Entering Safe Deposit Box (Wells Fargo Bank) . R. Bishop seconded the motion. The motion passed unanimously. H. Approval to Fill Vacancy J. Olson introduced memorandum M-79-97, dated June 6, 1979 regarding Approval to Fill Staff Vacancy . Motion: H. Turner moved that the Board approve filling the Admin- istrative Assistant vacancy and the hiring of additional administrative/secretarial help while the Administrative Assistant position is being filled. K. Duffy seconded the motion. The motion passed unanimously. I. Review of Use and Management of Planning Area IV (Rancho San Antonio and Foothills Open Space Preserves) J. Olson introduced report R-79-19, dated June 5, 1979 regarding the Review of Use and Management of Planning Area IV (Rancho San Antonio and Foothills Open Space Preserves ) . He reported on the attendance records of the sites and stated that the major change to the Rancho San Antonio site would be Santa Clara County's development of their portion of the park. He discussed the recommendations as contained in the report. D. Wendin and R. Bishop questioned the recommendation to improve the road to Windmill Pasture from Rhus Ridge Road. D. Wendin asked if Olive Tree Lane could become an access . Meeting 79-17 Page nine J. Olson confirmed that no action would be taken on that road until there is further consideration of a possible access from Olive Tree Lane. Motion: N. Hanko moved that the Board adopt the recommendation as contained in report R-79-19 with the exception of clearing Rhus Ridge Road as mentioned on page 5, Section B, item 1. VIII. INFORMATIONAL REPORTS 1. R. Bishop reported on the San Carlos City Council meeting the proposed Hassler assessment district. He reported that he had attended a picnic at Rancho San Antonio as a guest of the City of Mountain View. He said the primary input he received were requests for "How to get there" info- mation to make better use of the District' s sites. N. Hanko, urged sending site brochures to all city council members in the district. IX. CLAIMS B. Green announced that item # 935 was a settlement payment for a legal claim brought by a District employee. She expressed that the matter had been amicably settled and that a portion of the claim amount reflected legal fees. Motion: R. Bishop moved approval of Revised Claims C-79-13, dated June 13, 1979. H Turner seconded the motion. The motion passed unanimously with N. Hanko abstaining from item #931. X. EXECUTIVE SESSION The Board recessed to Executive Session at 10 :49 P.M. XI. ADJOURNMENT The Board reconvened to adjourn at 11:55 P.M. Jennie George Deputy District Clerk ' 1 CORRECTIONS TO MINUTES A. Minutes of June 13, 1979 B. Green requested the following corrections : Page 9, under CLAIMS, remove the word "legal" and insert the word "consultant" . Page 2, item VII, paragraph two, correction of spelling of "Eminent Domain" . D. Wendin requested the following corrections : Page 2, item VI, the word "vote" should be "vato" . Page 9 , item VIII, No. 1, the word "regarding" should be inserted after the word "meeting" . Mark Schneider, 12100 Skyline Boulevard, Los Gatos requested a clarification on page 6 , in the discussion portion of the first motion. He suggested it should read "discussed re- location indemnification aspects of the Restriction Agree- ment attached to the report. " H. Turner confirmed that M. Schneider' s requested changes would be reflected in the July 25, 1979 minutes. E. Shelley stated Board consensus that the minutes of I, June 13, 1979 he approved, as corrected. l CORRECTIONS MINUTES OF li a I I