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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
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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
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June 13, 1979 he approved, as corrected.
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CORRECTIONS MINUTES OF
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