HomeMy Public PortalAbout19790912 - Minutes - Board of Directors (BOD) Meeting 79-22
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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.
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CORRECTIONS MINUTES OF
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