HomeMy Public PortalAbout19800227 - Minutes - Board of Directors (BOD) Meeting 80-3
AA-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
February 27, 1980 375 Distel Circle, Suite D-1
Los Altos, California
I. ROLL CALL
The meeting was called to order by President Barbara Green at
7: 35 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Barbara Green,
Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop.
Personnel Present: Herbert Grench, Craig Britton, Steve Sessions,
Mike Foster, Charlotte MacDonald, Jean Fiddes, Stan Norton, Pat
Starrett, Cynthia DiGiovanni, and Sue Herda.
II. APPROVAL OF MINUTES
A. January 9, 1980
B. Green stated the Board' s consensus that the minutes of January
9, 1980 be approved as presented, with the addition of the Revised
Claims, C-80-1, which had been inadvertently deleted.
B. January 23, 1980
B. Green stated the Board' s consensus that the minutes of January
23, 1980 be approved as presented with the addition of the Revised
Claims, C-80-2 , which had been inadvertently deleted. Prior to
approving the minutes, the Board reviewed a letter from Mr. Thomas
P. McHugh, Attorney at Law, 2259 Derby Street, Berkeley, California,
dated February 25, 1980 requesting that the Board consider his
comments, based on personal notes from the January 23, 1980 meeting,
for possible addition to the minutes.
III. WRITTEN COMMUNICATIONS
B. Green noted the Board had received and considered a letter from
Mr. Thomas P. McHugh, listing comments that he wished the Board to
consider when approving the minutes of January 23, 1980.
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 80-3 Page Two
B. Green noted the Board had received a copy of a letter, dated
January 29 , 1980, to Becky Evans, Chairperson, Sierra Club State
Parks Committee from Terry Fieldhouse referring to the proposed
condemnation of private lands surrounding the Castle Rock State
Park area of Santa Cruz County.
IV. ADOPTION OF AGENDA
The Board adopted the agenda by consensus.
V. ORAL COMMUNICATIONS
Robert Mark, 725 Cowper, Palo Alto stated that no parking signs were
still adjacent to District preserves and that the no trespassing
signs at Russian Ridge had not been removed.
S. Sessions said that staff had contacted CalTrans regarding the
no parking signs. He mentioned that staff planned to bring the
matter to the Board' s attention at a future Board meeting.
VI. OLD BUSINESS WITH ACTION REQUESTED
A. Clarification of Dedication Status, Monte Bello Open Space
Preserve (Former Boy Scout Parcel) - C. Britton
C. Britton reviewed memorandum M-80-18 , dated February 19, 1980,
and recommended that the Board rescind its action of January 23, 1980
which received and accepted the former Boy Scout parcel for the list
of undedicated District lands.
Motion: R. Bishop moved that the Board of Directors rescind the
action that the Board took in classifying the Former Boy
parcel as undedicated Scout
land. B. Green secondedt he
motion. The motion passed unanimously.
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Determination of Public Necessity - Proposed Addition to Monte
Bello Open Space Preserve (McNiel Property)
C. Britton reviewed report R-80-4 , dated February 19, 1980 regard-
ing the District' s proposed acquisition of the McNiel property.
S. Sessions noted the proposed acquisition' s proximity to various
trail systems and mentioned the importance of acquiring the prop-
erty in able to preserve the scenic nature of the Skyline Corridor.
B. Green declared the Public Hearing open.
S. Herda stated that staff received a letter from Christopher
Taaffe, Attorney at Law, 405 Alberto Way, Los Gatos, California
stating that Robert Huttlinger, Executor of the Estate of Dolores
McNiel, intended to appear at the meeting and speak with respect
to the adoption of a Resolution of Necessity if it were deemed
necessary.
i
Meeting 80-3 Page Three
B. Green asked if Mr. Huttlinger was present and invited him
to comment.
Robert Huttlinger stated that he wished to hold his comments in
abeyance until he heard more discussion.
R. Mark stated that he felt the McNiel property was an important
acquisition and urged Board to adopt the proposed resolution.
R. Huttlinger stated that he had no problem selling the property,
noting that the Will was so written that he had more power than
was normal in a probate.
Motion: N. Hanko moved the adoption of Resolution 80-11, a
Resolution of the Board of Directors of the Midpen-
insula Regional Open Space District, Finding and
Requiring that the Public Interest and Necessity
Require the Acquisition of Certain Properties for
Public Use, to Wit; For Public Park, Recreation 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. H. Turner seconded
the motion.
Discussion: B. Green asked Mr. Huttlinger if he had
any additional comments. R. Huttlinger asked to have
the financial condition of the District explained to
him, stating that he was concerned about the District 's
ability to pay for the property. He mentioned that if
the property became tied up in condemnation litigation,
he would become completely "hand-cuffed" as to what
he could do with the property, and wondered what would
happen if the District was unable to acquire the
property. H. Grench stated that the District had ample
monies budgeted for the project. C. Britton mentioned
that the District' s filing of the condemnation action
didn' t necessarily mean that the project would be tied
up in litigation. C. Britton stated that the hoped to
negotiate a settlement for the purchase of the property
based upon an agreement of the parties. The motion
passed unanimously.
Motion: H. Turner moved the adoption of the Use and Management
recommendations as contained in report R-80-4, dated
February 19, 1980; the acceptance of the recommendation
that the property be named as an addition to the Monte
Bello Open Space Preserve; and the Board' s intent that,
if acquired, the property would be dedicated as recommended
in R-80-4 . B. Green seconded the motion.
Discussion: D. Wendin stated that he intended to vote
against the motion to register protest against the adoption
of the motion as stated since further Board and staff
Meeting 80-3 Page Four
action would be required at a later date. The motion
passed on the following vote:
Ayes: K. Duffy, B. Green, E. Shelley, N. Hanko,
H. Turner, R. Bishop
No: D. Wendin
B. Authorization to Create and Fill Two Additional Ranger Positions
S. Sessions reviewed memorandum M-80-19 , dated February 19, 1980,
requesting authorization to increase land management budget
guidelines and create two additional ranger positions.
Motion: H. Turner moved that the Board approve the recommendations
as stated in memorandum M-80-19 , dated February 19, 1980
and the creation and filling of two additional ranger
positions and state its willingness to increase the Land
Management budget guideline base by up to $34 ,000 for
fiscal year 1980-81, with the exact amount to be determined
during the budget process for the coming fiscal year.
R. Bishop seconded the motion. The motion passed unanimously.
C. status of State Legislation of Interest to District
H. Grench reviewed memorandum M-80-17, dated February 21, 1980 re-
garding the status of State legislation of interest to the District.
He stated that Bob Beckus, the District' s Legislative Consultant,
had been working on SB 1550. The bill would be heard for the first
time on March 4, and B. Beckus had requested that a Board member,
in addition to the General Manager, attend the hearing.
Motion: R. Bishop moved that the Board adopt recommendations.
1, 2, and 3 contained on page three of memorandum
M-80-17. H. Turner seconded the motion. The motion
passed unanimously.
H. Grench reviewed the East Bay Regional Park District bills and
the status of other legislation of interest to Midpeninsula Regional
Open Space District. He mentioned that the Legislative Committee
felt the entire Board should participate in the decision regarding
what action should be taken to inform constituents about the effect
of Jarvis II on the District.
C. MacDonald suggested possible vehicles by which the staff could
inform the public about Jarvis II.
D. Wendin suggested that the Board agendize the matter for the
second meeting in March.
R. Bishop recommended that staff prepare a report for the Board
stating the extent and type of campaign that staff felt it could
undertake.
Meeting 80-3 Page Five
Motion: D. Wendin moved that the Board adopt the recommended
position on the State bills, leaving the State prop-
ositions for further action at a later meeting.
B. Green seconded the motion. The motion passed
unanimously.
D. Extension of Investment Authority
M. Foster reviewed memorandum M-80-13, dated February 20, 1980
regarding the renewal of the controller' s authority to renew temp-
orarily idle funds. He noted that one of the provisions in the
guidelines would enable him to purchase securities through the
investment department of the District' s bank.
Motion: B. Green moved that the Board adopt Resolution 80-12, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Certain Board
Employees to Invest Temporarily Idle Funds in Securities
Allowed by Government Code. R. Bishop seconded the
motion. The motion passed unanimously.
E. Revised Budget
H. Grench reviewed memorandum M-80-16, dated February 5, 1980,
regarding the revised budget for fiscal year 1979-80. He said
that the most critical item was the bottom line on new land purchases,
and noted that the various changes in revenue had resulted in the
new figures for land purchases.
Motion: B. Green moved that the Board adopt Resolution 80-13, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Adopting Revised Budget
for Fiscal Year 1979-1980. E. Shelley seconded the
motion. The motion passed unanimously.
F. Proposed Forestry Grant Application
S. Sessions reviewed memorandum M-80-21, dated February 21, 1980,
regarding a proposed forestry grant application which has a
March 3rd deadline. He said that the grant will cover the cost
of the plan, the first year program on a pilot basis, administrative
costs and at this time was an $11, 000 project. The District' s
share will be all in-kind and California Conservation Corps labor.
He stated that there was no action required by the Board at this
time.
N. Hanko asked if the City of Palo Alto would be involved in approval
of the plan.
S. Sessions commented that the City of Palo Alto would be involved
where the project included land within their jurisdiction.
Meeting 80-3 Page Six
K. Duffy expressed concern regarding the District' s liability
in the project, and suggested that legal research be conducted
before the project is presented for final approval.
H. Grench suggested that the Board assign the task of researching
the liability question to S. Norton, who could then advise the
Board on the questions.
S. Sessions mentioned that the consultant for the project had
discussed liability with the staff and will be reporting back
to staff.
VIII. INFORMATIONAL REPORTS
H. Grench brought to the Board' s attention a study made by the
U.S. Fish and Wildlife Service entitled Public Attitudes Toward
Critical Wildlife and Natural Habitat Issues.
S. Sessions recounted the meeting he attended with the residents
of Overlook Road in Los Gatos and mentioned that the residents
were planning to form a road maintenance assessment group which
would help to maintain Overlook Road. He noted the District
uses the road to patrol the El Sereno Open Space Preserve.
S. Sessions referred to a diagram showing the proposed parking
area improvements at Saratoga Gap by CalTrans. He pointed out
the proximity of the parking area to the District' s Saratoga Gap
Open Space Preserve and mentioned that he intended to represent
the District at the public CalTrans meeting being held on February
28 , 1980.
S. Sessions showed the Board pictures depicting damages to District
lands sustained from the recent heavy rains. He mentioned that
damages included fallen trees and washed out roads and trails.
He said that staff would be providing the Board with a complete
report when the assessments of the damage were completed.
S. Sessions stated that the Monte Bello Plan, which had been
scheduled to be on the Palo Alto Planning Commission' s agenda
the same evening, had been postponed for 90-days, due to Palo
Alto' s requirement for an Investigative Soils Report to comply
with the city' s code. He also noted that a question had arisen
over the proposed placement of the parking area and staff would
be re-evaluating the placement of the parking area.
K. Duffy expressed concern that, due to the 90-day postponement
the installation of restroom facilities planned for Monte Bello
would be delayed. Since the wildflower walks were upcoming at
the Los Trancos open Space Preserve, she noted that restrooms
should be provided to accomodate the large amount of people that
are expected to visit Los Trancos in the near future. She
suggested that staff re-evaluate the Los Trancos Use and Manage-
ment Plan, and report on the possibility of providing restroom
facilities at Los Trancos in the interim. The Board concurred
with K. Duffy' s request.
Meeting 80-3 Page Seven
C. Britton mentioned that he had given a slide presentation
at a Kings Mountain Association gathering and that Jim Wickett,
President of the Association, had requested a meeting with one of
the District' s Board members. C. Britton suggested H. Turner meet
with Mr. Wickett.
H. Grench read a letter he had received from Frank Duveneck in
response to the testimonial luncheon held a few weeks earlier.
IX. CLAIMS
Motion: D. Wendin moved the Revised Claims, C-80-3, dated
February 27, 1980. B. Green seconded the motion.
The motion passed unanimously.
X. EXECUTIVE SESSION
The Board recessed to Executive Session at 9 :30 P.M.
XI. ADJOURNMENT
The Board reconvened to adjourn at 12:10 A.M.
Sue Herda
Secretary