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HomeMy Public PortalAbout19790926 - Minutes - Board of Directors (BOD) meeting 79-23 046 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors M I N U T E S 375 Distel Circle, D-1 j September 26, 1979 Los Altos, CA I. ROLL CALL The meeting was called to order by President Edward Shelley at 7 :40 P.M. i Members Present: Daniel Wendin, Katherine Duffy, Barbara Green, Richard Bishop, Edward Shelley, Nonette Hanko and Harry Turner. Personnel Present: Herbert Grench, Craig Britton, Charlotte MacDonald, Stanely Norton and Jennie George. II. APPROVAL OF MINUTES A. Minutes of August 22, 1979 E. Shelley stated Board consensus that the minutes of August 22, 1979 be approved as presented. III. WRITTEN COMMUNICATIONS There were no Written Communications at this time. IV. ADOPTION OF AGENDA E. Shelley stated Board consensus that the agenda be adopted as presented. V. ORAL COMMUNICATIONS Mr. Thomas P. McHugh, 2259 Derby Street, Berkeley said he wished to address the Board regarding the Sandstone Caves park acquisition project and that he represented Rancho Canada de Verde, Inc. the owners of the Sandstone Caves. He presented the Board with a written list of questions dated September 26 , 1979 . He asked when the District had decided Meeting 79-23 Page two to purchase this property and why had his client not received any notice of the Board' s attempt to purchase the property. E. Shelley responded that he preferred postponing response to Mr. McHugh' s questions until the District' s legal counsel arrived. The Board agreed by consensus to his suggestion. Robert Mark, 725 Cowper, Palo Alto reported on SB 582 (Alquist) which provides for enlarging Henry Coe State Park. He said there is some opposition, however, the California Department of Parks and Recreation is supporting the bill. E. Shelley said he felt it is up to the individual Directors to respond on this bill. VI. OLD BUSINESS WITH ACTION REQUESTED A. Proposed Hassler Assessment District H. Grench introduced memorandum M-79-129, dated September 18, 1979 regarding the Proposed Hassler Assessment District. He said that R. Bishop would report on the San Carlos City Council meeting related to the subject matter after which the Board might want to schedule a Public Hearing at the!°Regular Meeting of October 10. He sugguest that also at the October 10 meeting the Board might want to consider authorizing the General Manager to sign the Land and Water agreement and directing staff to negotiate for the purchase of the Hassler property and return to the Board with a recommended contract. R. Bishop reported that H. Grench, B. Green and S. Norton had attended the San Carlos City Council meeting with him on September 24 set for the purpose of hearing protests against formation of the assessment district to help purchase the Hassler property. He said there was standing room only,and 95% of those present appeared to be in favor of the assessment district; however, eight protests were heard - two oral andsix written. The City of San Carlos wants protection against liability,and the District has agreed to be legally responsible for the management and maintenance of the property. He announced that the San Carlos Council voted unanimously in favor of the assess- ment district and referred the draft agreement to their city attorney and the attorney for the assesment district for final revisions. He recommend putting the item on the October 10 agenda along with the question of making an offer to the City of San Franciso for purchase of the property at our appraised value and authorizing the General Manager to sign the Land and Water agreement. Meeting 79-23 Page three Motion: D. Wendin moved placing the question of the acquisition of the Hassler property on the agenda of the Regular Meeting, October 10, 1979 clarifying that it would not be a special public hearing. K. Duffy seconded the motion. Discussion: D. Wendin said he was pleased to see the assessment district formed and thought it is a major mechanism for acquiring open space, although he was still withholding judgement as far as his vote was concerned. He cautioned the Board not to raise the agreement as a requirement, further stating it was his underdtanding that it was adopted at San Carlos ' request and not the District' s. He said he assumed that the real issue is authorizing the staff to proceed with negotiations with the City of San Francisco. The motion passed unanimously. VII. ORAL COMMUNICATIONS (continued) S- Norton acknowledged receipt at the meeting of Mr. McHugh's written questions ,adding he had not had the time to go over them in any detail. He recommended that the Board hear any statement Mr. McHugh might wish to make and said he would be glad to respond as appropriate. R. Bishop suggested Mr. McHugh state orally any additions that he had not presented in writing but added he felt the Board should ultimately refer the matter to their Legal Counsel. Mr. McHugh asked why the Board coundn't respond now. R. Bishop responded that it would not be appropriate under the circumstances. Mr. McHugh told the Board that they had been acting behind his client's back during their Executive Sessions and he said he thought it is wrong for them to continue in this manner without his client being notified. S. Norton replied that the Board has the legal right to discuss certain subjects in Executive Session without the public having access to those discussions. Mr. McHugh asked if the Board discusses the Sandstone Cave property in Executive Sessions and if minutes are recorded during those meetings. Meeting 79-23 Page four S. Norton responded that the matters discussed in Executive Sessions are not subject to public disclosure. R. Bishop said he felt the discussions were not leading anywhere. Motion: R. Bishop moved that Mr. McHugh' s letter be defer- red to the District's Legal Counsel who is directed to review the matter with staff and respond. B. Green seconded the motion. Discussion: E. Shelley offered that the motion was not intended to cut Mr. McHugh off and expressed willingness on behalf of the Board to listen to anything further that wasn't covered in the writ- ten communication he submitted. Mr. McHugh in- quired as to which Director represents the ward where the Sandstone Caves are located. R.Bishop replied that all of the Directors act jointly as a Board. H. Grench added that that information could quickly be obtained for Mr. McHugh. Mr. McHugh reiterated that the Board does not have legal right to discuss his client's property in Execu- tive Session without notification. S. Norton stated that no decisions to buy property are made in Executive Session, and that under its rules the Board would conduct a public hearing for that purpose. B. Green asked whether the District is obligated to purchase the property if a grant is ap- proved. S. Norton said that the only decision that has been made thusfar is to apply for a Land and Water Conservation g rant, which was made in a public meet- ing and that in no way obligates the Board to pur- chase the property. The motion passed unanimously. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Addition to Urban Open Space and Recreation Program Grant Towards Proposed Acquisition of Edgewood State College Site C. Britton introduced memorandum M-79-130, dated September 18 , 1979 regarding Addition to Urban Open Space and Recre- action Program Grant Towards Proposed Acquisition of Edgewood State College Site. He reviewed past Board action on this matter and informed the Board that recent legislation has extended the SB 174 program at about 50% of the previous funding level. He proposed that a new application be made which would increase the available grant funds on the Edgewood site to $275 ,618. - - - - - - - - - -- Meeting 79-23 Page five Motion: N. Hanko moved adoption of Resolution R-79-42, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Approving the Application for Grant Funds Under the Roberti- Zlberg Open Space and Recreation Program. R. Bishop seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS H. Grench gave a status report on the filling of the Land Manager position. He said that Bob Augsburger, Robert Mark and Dave Christy had served on a panel to interview a group of candidates, and four final candidates had been selected. He said that he and C. Britton would meet with those four finalists before he made the final selection. He said that the applications for the Administrative Assistant posi- tion had been preliminarily screened, and that we have many fine candidates from which to choose. H. Grench said he had attended the recent annual meeting of the State Liaison officers for Land and Water Funds, which gave him the opportunity to meet several people who might be helpful to the District in the future. X. CLAIMS B. Green moved that the Board approved Revised Claims No. 79-19, dated September 26, 1979 . H. Turner seconded the motion. The motion passed unanimously. XI. EXECUTIVE SESSION The Board recessed to Executive Session at 8 :15 P.M. XII. ADJOURNMENT The Board reconvened to adjourn at 12 :02 A.M. Jennie George Deputy District Clerk