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HomeMy Public PortalAbout19790912 - Minutes - Board of Directors (BOD) Meeting 79-22 AA, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S September 12, 1979 375 Distel Circle , Suite D-1 Los Altos, CA I. ROLL CALL The meeting was called to order by President Edward Shelley at 7: 35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Edward Shelley, Nonette Hanko,Harry Turner and Richard Bishop. Member Absent: Barbara Green Personnel Present: Herbert Grench, Craig Britton, Cynthia DiGiovanni, Jean Fiddes, Sue Herda, Eric Mart, Stanley Norton and Del Woods. II. WRITTEN COMMUNICATIONS There were no written communications. III. ADOPTION OF AGENDA The Board adopted the agenda by concensus with the additions of Special Orders of the Day. IV. ORAL COMMUNICATIONS Robert Mark, 725 Cowper, Palo Alto, reported seeing a "ROAD CLOSED" sign at Rancho San Antonio over the weekend and asked if this sign was an infringement upon the District-owned easement at Rancho San Antonio. H. Grench reported that S. Norton had been asked to write the administration of the St. Joseph' s High School/St. Patrick' s College, objecting to their actions, but said he did not know if the letter had been mailed. Mr. Mark' s question was deferred until S. Norton was present at the meeting. Mark Schneider, 12100 Skyline Boulevard, Los Gatos, asked what the Special Order of the Day was. E. Shelley stated the Special Order was the introduction of Kathy Blackburn, the new Coordinator of Volunteers for the District. Meeting 79-22 Page Two Mr. Schneider then addressed the Board on the topics of damages and settlement. He discussed the magnitude of damages he said were suffered by himself and his community since 1975, as well as future damages planned by the District, such as tearing out the Bay Tree Spring cistern and putting in a 90-car parking lot at the Monte Bello Open Space Preserve. Noting there is much litigation in progress, Mr. Schneider stated he did not expect a public response from the Board at this meeting and noted he would be willing to prepare a written statement for the Board. In regard to settlement, Mr. Schneider commented that he and the members of his community had offered to settle with the District in the past and they were in court again, having just filed their opening brief at the Appellate Court level, Division Three. Purusha Obluda, 31570 Page Mill Road, Palo Alto, questioned the Board on the accuracy of a rumor that some Board members were considering holding a formal investigation to analyze advice given by District Counsel or members of staff regarding the acquisition of The Land property. R. Bishop responded that a committee had been formed to review the performance of District 's Counsel, and the review had found his performance very satisfactory. An investigation into the land matter was not included in the review. V. SPECIAL ORDERS OF THE DAY Ellie Huggins introduced Kathy Blackburn, the new Coordinator of Volunteers for the District. On behalf of the Board, E. Shelley welcomed Kathy. VI. NEW BUSINESS WITH ACTION REQUESTED A. Review of Use and Management of Planning Area VI (Fremont Older Open Space Preserve) H. Grench introduced report R-79-34, dated September 6, 1979 regarding Review of Use and Management of Planning Area VI (Fremont Older Open Space Preserve) . He noted that a signifi- cant amount of staff time would be required to hold public open houses at the Fremont Older house. K. Duffy asked whether the intent of the Levine agreement required the District to hold three open houses per year. D. Woods clarified that three was the maximum number of open houses that could be imposed on the Levines, but the District was not required to hold that number. E. Shelley asked whether there was a legal binder on PG&E to help pay for the maintenance of the patrol roads on the site. S. Norton noted that the law states that if there is a vehicular sharing of a roadway, the court could ultimately allocate the cost of maintenance in accordance with the percentage of use of each party. Meeting 79-22 Page Three E. Mart noted that PG&E blades the road when they need to use it. Motion: R. Bishop moved adoption of the use and management recommendations one through five contained in report R-79-34. K. Duffy seconded the motion. The motion passed unanimously. B. Proposed Agreement with City of San Carlos Regarding Hassler Health Home Assessment District S. Norton reviewed memorandum M-79-128, dated September 7, 1979, regarding the draft agreement outlining the terms, conditions, and relative responsibilities of the District and the City of San Carlos in regard to the formation of the Hassler assessment district. He noted that members of the San Carlos City Council have wanted legal assurance that they would not be held respon- sible for certain ownership liabilities on the property and stated the agreement was being submitted to the Board for conceptual approval so it would be available to the City of San Carlos on September 24, the date of the protest hearing and the final vote on the assessment district. D. Wendin expressed his concern with the wording of the agreement, parts of which he thought were premature. He felt it essential that the agreement reflect the fact that the purchase of the Hassler property was still an open issue and also wanted to see a final review of the question of fire and police patrol over and beyond operation and maintenance. For example, what are the responsibilities and liability of the City, the County and the District if a fire were to start on the Hassler property and spread outside District boundaries? D. Wendin felt that the City of San Carlos should continue to have the same responsibility they have now with the property and that the District should not provide indemnification for the City. H. Turner reiterated the point that the District should not, at this time, voluntarily provide indemnification for the City. R. Bishop stated that people in San Carlos were concerned with the liability the City would have in the event the District acquired the Hassler property. S. Norton suggested the word "active" be struck as the modifier of negligence in the indemnification paragraph. D. Wendin again reiterated that he could not support the agreement with the indemnification paragraph included and proposed the following motion. Meeting 79-22 Page Four Motion: D. Wendin moved that the Board approve in concept the agreement with the following changes: 1) Page Two, First Full WHEREAS: Add the phrase in the event the District purchases the property" after the words "said assessment district proceedings" . 2) Page Two, Second Full WHEREAS: Insert the word "prospective" before the word "acquisition" . 3) Page Two, Paragraph One : Strike the paragraph in its entirety. 4) Page Three, Paragraph Four: Strike in its entirety the second paragraph within paragraph four. 5) Page Three, Paragraph Five: Insert the phrase "If the District acquires the property" at the beginning of paragraph five. 6) Page Four, Paragraph Six: Insert the phrase "If the District purchases the property" at the beginning of the first sentence and substitute the word "after" for the word "upon" in the same sentence. K. Duffy seconded the motion. Discussion: D. Wendin noted that the intent of his changes was to reflect properly Resolution 79-10, dated February 14, 1979, which made the District's willingness to purchase the bonds contingent upon the purchase of the property and outlined them as follows: 1) changes one and two were added to reinforce the point that the District has not yet decided to purchase the property; 2) Paragraph One on Page Two was a commitment to buy and take all steps deemed necessary and appropriate by the Board, and D. Wendin felt the Board had not conceptually agreed to that action; 3) change four reflected D. Wendin 's strong feeling that the District had no need to indemnify the City; 4) change five reflected the fact that the assessment district's contribution commitment is contingent upon the District ' s purchase of the property; and 5) change six reiterated the fact that the issuance of the bonds was contingent upon the District' s acquisition of the property. E. Shelley asked if D. Wendin would consider substituting a new paragraph for the paragraph deleted on page two. D. Wendin agreed and changed his motion, stating that rather then delete paragraph one on page two in its entirety, it should include the following statements: "Upon firm assurance with respect to the receipt of the proceedsand upon the successful completion of the assessment district proceedings, the District will hold public hearings to consider acquisition of said property. " Subsequent discussion centered upon wording changes for the substitute paragraph. It was agreed that the paragraph should include statements on the establishment of the assessment district, proceeds, and District action to determine if the property will be acquired. Final accepted wording for the substitute paragraph was: "Upon the successful completion of said assessment district proceedings by City, and upon its receipt of firm assurance with respect to the proceeds from the Meeting 79-2. Page Five certain grant of Land and Water Conservation Funds (Project No. 06-00661--Hassler Park Acquisition) from the State of California and/or the United States government, District shall hold appropriate public meetings to determine whether or not it shall acquire the property. " N. Hanko asked R. Bishop if he felt that any of the changes being adopted would have a negative effect on the establishment of the assessment district by the San Carlos Council. R. Bishop responded that he hoped S. Norton would have some leeway in making reasonable modifica- tions in the agreement in order to meet any objections the City of San Carlos may have. Such modifications should be within the framework of the evening's discussions. R. Bishop suggested the Board adopt the agreement and, as a separate matter, discuss if S. Norton should be given some discretion in making amendments to the agreement. Also, R. Bishop noted that the only substantive change was the deletion of the "hold-harmless" clause. D. Wendin pointed out that the final formal agreement would come back to the Board for acceptance. If it were necessary, he noted,the Board could schedule a special meeting before the protest hearing date to discuss the "hold-harmless" clause and any problems San Carlos may have with the deletion. Amendment: H. Turner moved that the following amendment be added to D. Wendin's motion: Page Four, Paragraph Six, Sub-paragraph Three: Delete Ila rate of not less that 5.5% per annum" and insert "the best market rate available at the time of issue of the bonds" . Discussion: S. Norton pointed out that the District had already agreed to buy the bonds at 5.5% to help encourage the residents in San Carlos to establish the assessment district. H. Turner withdrew his amendment. C. Britton asked why paragraph five included the words "the sum of $300,000" while paragraph six included the words "a total face amount of not less than $300,000. 0011 . i S. Norton responded by stating that he wanted a commitment of $300,000 in paragraph five, while in paragraph six, he wanted an assurance that the face value of the bonds would not be less that $300,000. Discussion then centered on whether the assessment district could issue bonds in excess of $330,000 ($300,000 for the contribution and $30, 000 for incidental costs in establishing the assessment district) . E. Shelley suggested that the agreement be tabled and held over for a special meeting the following week after the bonding issue could be clarified. S. Norton stated that the bonding question could be handled with slight revisional draftsmanship and did not feel a special meeting was necessary. H. Grench suggested the Board authorize S. Norton to include clarifying language for that particular bonding issue. R. Bishop felt that it was not necessary to complicate the document by including language on how much the bonds should be since the details were already provided for in the formation of the assessment district. The revised motion passed unanimously. Meeting 79-22 Page Six R. Bishop asked for an indication from the Board that there was room for negotiation, within the concepts the Board discussed during the evening, to arrive at an agreement with the City of San Carlos and satisfy ligitimate concerns they may have over the agreement. D. Wendin felt that R. Bishop and S. Norton should be allowed to make clarifications in the agreement as necessary, based on the evening's discussions and to use their personal judgement to de- termine the type of commitment they could make on behalf of the Board. In addition, if a matter of substance was in question, a special meeting of the Board could be called to discuss the matter. The Board agreed. C. Proposed Addition to Manzanita Ridge Open Space Preserve (Laye Property - Partial Interest) C. Britton introduce report R-79-33, dated August 31, 1979, regarding the Proposed Addition to Manzanita Ridge Open Space Preserve(Laye Property - Partial Interest) . He noted the District has been offered the opportunity to purchase an additional one-sixth undivided interest from six of the owners, thereby increasing the District's ownership to one-half interest. A new copy of the agreement to Purchase Real Property was distri- buted to the Board to replace the previously approved agreement inadvertently attached to the report. Motion: H. Turner moved adoption of Resolution 79-41, 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 (Manzanita Ridge Open Space Preserve/Laye Property) D. Wendin seconded the motion. The motion passed unanimously. Motion: H. Turner moved that the Board reaffirm the interim use and mananagement recommendations contained in the report and that Manzanita Ridge Open Space Preserve continue to be designated the unofficial name of the site. R. Bishop seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS H. Grench reported that 46 applications were received for the Land Manager' s position, and the initial screening process was complete. Initial interviews had been set for Tuesday, September 18, 1979, and the interview panel would consist of non-District staff, although he will sit in on all interviews. Applications for the position of Administrative Assistant number 160, and the screening process for this position has begun. H. Grench reported that a number of contributions have been received in response to the Openspace newsletter. Each con- Meeting 79-22 Page Seven tribution is being acknowledged and, with the Board's concurrence, a Resolution of Appreciation, signed by the President of the Board, will be mailed to anyone donating $50 or more. The Board concurred. S. Herda noted that 1600 newsletters have been mailed, and newsletters have been distributed to local libraries. R. Bishop announced to the public attending the meeting that, due to lengthy land negotiation matters to be discussed in Executive Session, the schedule Legislative Committee Meeting was cancelled. C. Britton stated he has received signed agreements from the State on the expenditure of mitigation money for the Ravenswood triangle. Offers are now being made to acquire the property. C. Britton reported that San Mateo County had resubmitted its grant application for Land and Water Conservation funds for the State college site. At this time, no word has been received on the request for federal contingency funds. C. Britton informed the Board that Leslie Salt has made a gift of the Charleston Slough to the City of Mountain View. The City has accepted the gift, pending the outcome of a question concerning the BCDC cease and desist order. The City has agreed to install the outer dike requested by the Audubon Society. S. Norton, responding to the earlier Oral Communication of Mr. Mark, stated that he was still in the process of gathering facts on what, if any, access was being obstructed by the Church at Rancho San Antonio Open Space Preserve. X. CLAIMS Motion: D. Wendin moved that the Board approve the Revised Claims No. C-79-18, dated September 12, 1979. K. Duffy seconded the motion. Discussion: C. Britton informed the Board that the additiZ5—nal $300 reflected in Item 281 represented settlement on personal property. The motion passed unanimously. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 9 :20 P.M. XII. ADJOURNMENT The Board reconvened to adjourn at 11:15 P.M. Jean Fiddes Recording Secretary CORRECTIONS TO MINUTES .OF a/ 2.2- I�. APPROVAL OF MINUTES A. Minutes 'of September 12, 1979 E. Shelley requested that the Informational Report concerning the Charleston Slough be changed. The final sentence of the paragraph should read: "The City has agreed to install the control valves in the outer dike requested by the Audubon Society. " E. Shelley stated the Board's consensus that the minutes of September 12, 1979 be approved as corrected. I CORRECTIONS MINUTES OF i I