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HomeMy Public PortalAbout19801230 - Minutes - Board of Directors (BOD) Meeting 80-28 *% MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Special Meeting Board of Directors M I N U T E S December 30, 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, and Harry Turner. Richard Bishop arrived at 8 :15 P.M. Member Absent: Nonette Hanko Personnel Present: Herbert Grench, Craig Britton, Steve Sessions , Stanley Norton, Michael Foster, Jennie George, and Joan Combs. II. ADOPTION OF AGENDA The Board agreed to defer discussion of Item No. 1 until the arrival of R. Bishop. The agenda was adopted by Board consensus. III. NEW BUSINESS WITH ACTION REQUESTED A. Legislative Program for 1981-1982 H. Grench reviewed memorandum M-80-104 , dated December 26 , 1980. He noted the Legislative Program would be a two-year program, corresponding to the legislative cycle, and will grow as other bills are introduced. He said that the program is divided into two main sections, general funding legislation and proposed changes in the Public Resources Code, and that under the funding legislation section, the number one priority is protecting the District' s current share of the property tax. Other general funding legislation includes three State projects that the District has considered for Proposition 1 bond funds or other funding: 1) money to augment Bear Creek Redwoods Park fund; 2) designation of the State' s Murray Ranch property as a State park and Prop- osition 1 funding for a connection between Skyline and the Murray Ranch property; and 3) support of Proposition 1 funding for con- tinued acquisition and development of the South San Francisco Bayfront Trail. He noted that there are two sections to the legislative program under the Public Resources Code section, the first having to do with the District's own proposals, and the second with what the Board' s position might be on the East Bay Regional Park District's proposals. 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 80-28 Page Two H. Grench noted that the Legislative Committee had reviewed all the sections in the Public Resources Code that dealt with super majority votes, and the sections in the Legislative Program are the ones the Committee agreed should be pursued. Among other things, H. Grench discussed Sec. 5544 .2 , which in- volves a voting change from a six/sevenths requirement to a five/sevenths requirement to enter into an installment purchase of land or to borrow money for land. K. Duffy noted that the wording should be changed from "five" member boards to "four" member boards in the next to last para- graph of this section. Robert Mark, 725 Cowper, Palo Alto, asked the Board to consider as additions to the program a resolution asking CalTrans to develop aesthetic signs for scenic highways and the completion of acquisition of the Gill mustang property, an addition to Henry Coe State Park. Motion: H. Turner moved that the Board adopt the Legislative Program for 1981-82 , with all four items under the Funding Legislation section designated as Category A priority, and that the Board authorize the President to transmit Section 2 on the Board' s behalf to the boards of Monterey Peninsula, East Bay, and Marin County Regional Park and Open Space Districts. Barbara Green seconded the motion. The motion passed unanimously. The Board recessed at 8 :20 P.M. for the newly elected Board members, Directors Green, Shelley, and Bishop, to sign their oaths of office. The Board reconvened at 8 :25 P.M. B. Proposed Acquisition of Windy Hill from Peninsula Open Space Trust H. Grench introduced report R-80-68 , dated December - 22, 1980 saying that this transaction marks another milestone ±n the history of the Peninsula Open Space Trust (P.O.S.T. ) , the last milestone being the gift of the property to P.O.S.T. S. Sessions noted that the District has been managing the property under a license from P.O.S.T. , and that staff had become aware of numerous management concerns, including grazing, equestrian and hiking trails, and the Spring Ridge rest area. He said that the interim use and management recommendations would maintain and preserve the area and added that staff would be returning to the Board with a use and management update in approximately three months. E. Shelley asked if there would be exemptions from District ordinances. S. Sessions replied that all District ordinances would apply. Meeting 80-28 Page Three H. Grench said that deed restrictions still remain to be worked out, citing hang-gliding as an example. C. Britton cited Clause 3C of the Purchase Agreement, which relates to deed restrictions limiting the uses of the property to scenic, recreational, and open space purposes. He added that in order to protect the donors who gave property to P.O.S.T. , and because the District is paying less than market value, he would expect certain deed restrictions. He said that the final wording for the deed restriction would be worked out with District Legal Counsel, staff and P.O.S.T. representatives. K. Duffy said she felt that the Board should know about any restrictions before they are included in the deed. S. Norton said that the legal effect of the Board' s inability to agree on deed restrictions would be that escrow would not close. He added that, for the first time, the District is beginning to create parcels of land which fall into different kinds of use categories. He noted that presently, all District land, with the possible exception of the Thornewood property, is held limited only by Sec. 5541 of the Public Resources Code. H. Grench suggested that the Board take the recommended actions by approving the agreement, and agendize an item for approval of deed restrictions for the January 14 , 1981 meeting. H. Haeussler, 1094 Highland Circle, Los Altos, noted that the public would have no opportunity to comment on restrictions except at the January 14 , 1981 meeting and said he felt that the public should have a greater chance for input. R. Bishop said that both this meeting and that of January 14 are public. Robert Augsburger, Executive Director of the Peninsula Open Space Trust, suggested two alternative names for the property: Corte Madera Preserve or Spring Ridge Preserve. Motion; H. Turner moved that the Board adopt Resolution No. 80-51, 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 (Windy Hill Open Space Preserve - P.O.S.T. Property) . D. Wendin seconded the motion. The motion passed unanimously. E. Shelley asked if it was necessary to add "subject to approval of final agreement by the Board" . Minutes 80-28 Page Four C. Britton replied there is actually a clause in the agreement itself that states the exact language is to be agreed upon by mutual consent of both parties. D. Wendin noted that it should be included in the record that the word "parties" in Clause 3C refers to the Board. Motion: H. Turner moved that the Board approve the interim use and management recommendations contained in the report, dedicate the land as open space, and adopt unofficially the name of Windy Hill Open Space Preserve. R. Bishop seconded the motion. The motion passed unanimously. H. Turner, referring to Section 3, Title and Possession, paragraphs c and dF stated that the "mutual consent of the parties hereto" is the consent of the Board of Directors. Motion: H. Turner moved that the submission of the deed restriction language be placed on the January 14 , 1981 agenda. R. Bishop seconded the motion. The motion passed unanimously. C. Renewal of Legislative Consultant's Contract H. Grench introduced memorandum M-80-103 , dated December 26 , 1980, noting that this two year contract would run concurrently with the Legislature. He added that the effect of the change to equal monthly payments of $750 would be an annual 12h% increase. Motion: E. Shelley moved that the Board authorize the General Manager to enter into the Consulting Services Agreement with California Advocates, Inc. B. Green seconded. The motion passed unanimously. D. Formula for Allocating Proposition 1 Park Funds in Santa Clara County H. Grench reviewed memorandum M-80-102 , dated December 30 , 1980. He noted that the agreement on an allocation formula reached by park administrators of Santa Clara County would provide the District with $718,000 of Santa Clara County' s portion of Proposition 1 funds. Motion: R. Bishop moved that the Board adopt Resolution 80-52 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Priority Plan for Expenditure of Allocation of Funds to the County of Santa Clara for Park, Beach, Recreational and Historical Purposes (California Parklands Act of 1980) . E. Shelley seconded the motion. The motion passed unanimously. IV. INFORMATIONAL REPORTS S. Norton noted that in the past, newly elected Board members were sworn in formally, but added all that is required by law is sub- scribing of the oath in writing. There was no interest expressed on the part of Board members for a formal agenda item as originally planned, and H. Grench said he would not place the matter on the agenda. Meeting 80-28 Page Five H. Grench said a thank-you note from Senator Dan O'Keefe had been received following the tree planting and dedication ceremony of Rancho San Antonio County Park. S. Sessions reported that a preliminary conversation with the County over joint planning of the Rancho San Antonio County Park had taken place and said that there will be some discussion with the County on circulation between the County Park and Rancho San Antonio Open Space Preserve. V. CLAIMS Motion: B. Green moved the adoption of the Revised Claims C-80-30, dated December 30, 1980. E. Shelley seconded. The motion passed unanimously. VI. APPOINTMENT OF SECRETARY PRO-TEMPORE Motion: R. Bishop moved that K. Duffy be appointed Secretary Pro- Tempore in the absence of N. Hanko. B. Green seconded the motion. The motion passed unanimously. VII . EXECUTIVE SESSION The Board recessed to Executive Session at 9 : 15 P.M. VIII. ADJOURNMENT The Board reconvened to adjourn at 11:50 P.M. Joan Combs Recording Secretary CORRECTIONS TO MINUTES OF 6 1` ko: -� i II. APPROVAL OF MINUTES A. December 30,. 1980 K. Duffy stated the third paragraph on Page Two should be changed to read "K. Duffy noted that the wording should be changed from "four" members boards to "five" member boards in the next to last ' paragraph of t1A s section" . D. Wendin requested that the sentence on Page Four referring to the Legislative Consultant's increase in compensation be changed to read "He added that the effect of the change to equal monthly JI payments of $750 would be a 12h% increase over two years" . Motion: N. Hanko mowed the adoption of the revised minutes of December 30 , 1980. K. Duffy seconded the motion. The motion passed unanimously. B. January 14 , 1981 D. Wendin noted that his motion on Page Five needed clarification since it was to have been a three-part motion rand requested the motion be worded and punctuated as follows: D. Wendin moved that the Board A) direct staff to negotiate with Mr. and Mrs. Gano a proposal which meets the following three points 1)meets the criteria adopted by the Board for all proposals subject to what- ever groundrules the Thornewood Proposals Review Committee adopts concerning exceptions, 2) the exchange is for fair market value, and 3) that the exchange maximizes the possibility of obtaining , a trail link to Portola Valley as part of any ultimate acceptance of such a proposal; B) direct staff to bring appropriate legal action to determine whether or not the property may be exchanged under the will ; and C) direct the Thornewood Proposals Review Committee to continue the process of reviewing lease proposals to return with a ranking of those proposals together with the criteria used for ranking so the Board can make its own ultimate selection. " Motion: B. Green moved the adoption of the revised minutes of January 14, 1981. E. Shelley seconded the motion. t The motion passed unanimously. Herbert A.Grench.General Manager Board of Directors:Katherine Duffy,Barbara G treen Nonette G Ha nko Richard S.Bishop.Edward G-Shelley.Harry A Turner,Daniel G.Wendin C -