HomeMy Public PortalAbout19790926 - Minutes - Board of Directors (BOD) meeting 79-23
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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