HomeMy Public PortalAbout19810128 - Minutes - Board of Directors (BOD) Meeting 81-2
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
M I N U T E S
January 28, 1981
I . ROLL CALL
The meeting was called to order by President Richard Bishop
at 7: 35 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Barbara Green,
Nonette Hanko, Edward Shelley, Harry Turner, and Richard Bishop.
Personnel Present: Herbert Grench, Craig Britton, Steven Sessions,
Charlotte MacDonald, Jean Fiddes , Mary Gundert, Michael Foster,
and Stanley Norton.
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 this 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
payments of $750 would be a 12�% increase over two years" .
Motion : N. Hanko moved 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 and 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.
The motion passed unanimously.
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 81-2 Page Two
III . WRITTEN COMMUNICATIONS
J. Fiddes noted Director Duffy had received a letter, dated
January 22 , 1981 , from Assemblyman Ernest L. Konnyu thanking
her for meeting with him on December 30 , 1980 to discuss
matters of concern to the District. Director Wendin noted
he had also attended that meeting and had received a similar
letter of thanks.
IV. ADOPTION OF AGENDA
H. Grench requested that a staff introduction be inserted as the
first Special Order of the Day.
The revised agenda was adopted by Board consensus .
V. ORAL COMMUNICATIONS
Beez Jones, 16891 Stevens Canyon Road, Cupertino, suggested that
the Board consider appointing the Director of an area to a
Board committee when such a committee is considering the purchase
or development of a piece of -property in the Director' s ward. She
felt that the Picchetti Winery Proposal Committee ' s membership
should include the Director for that area.
R. Bishop noted it was not always possible for the Director of
an area to serve on a specific committee, but that he would
encourage the members of the Board to serve on specific com-
mittees dealing with properties falling within their ward.
D. Wendin requested he be notified in advance of all meetings
of the Picchetti Winery Proposal Committee.
R. Bishop stated the next meeting of the Picchetti Winery Proposal
Committee would be held on March 4 , 1981 at 7 : 30 P.M. at the
District office.
VI . SPECIAL ORDERS OF THE DAY
A. Staff Introduction
S . Sessions introduced Mary Gundert, the District's new Associate
Open Space Planner.
B. Resolution of Appreciation to Fred Lyon
Motion: H. Turner moved the adoption of Resolution 81-3 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Commending Supervisor
Fred Lyon for His Assistance to the Midpeninsula
Regional Open Space District and to the Environment
of San Mateo County. B. Green seconded the motion.
The motion passed unanimously.
H. Turner stated he had talked with Supervisor Lyon who was
unable to attend the meeting and noted he would like to arrange
a lunch for Supervisor Lyon in order to present the Resolution
in person.
C. Appointment of Board Committees
R. Bishop made the following appointments for 1981 to the Board' s
standing committees :
Budget Committee Legislative Committee
B. Green R. Bishop
D. Wendin K. Duffy
E. Shelley H. Turner
All designated Board members consented to their appointment.
Meeting 81-2 Page Three
R. Bishop reappointed the current members of the District' s
five ad hoc committees listed in report R-81-3 , dated
January 21, 1981 , for 1981. All committee members consented
to their reappointment.
D. Wendin requested that the charges of the Site Use Committee
and the Public Notification Procudures Committee be refined
after the future Board workshops in order to eliminate any
overlap in charges.
Motion: E. Shelley moved that the task of reviewing citizen
notification and citizen input procedures for site
use and management plans be deleted as a charge for
the Site Use Committee and included as a charge for
the Public Notification Procedures Committee. B. Green
seconded the motion. The motion passed unanimously.
Motion: D. Wendin moved that the Board officially disband the
Site Emphasis Workshop Follow-up Committee. E. Shelley
seconded the motion. The motion passed unanimously.
Motion: E. Shelley moved that the review of policies regarding
keeping rental housing be referred to the Site Use
Committee. N. Hanko seconded the motion. The motion
passed unanimously.
VII. OLD BUSINESS WITH ACTION REQUESTED
A. Thornewood Follow-up Report
D. Wendin reported he had talked with Steve Stevick, Executive
Director of the Sierra Club Foundation, and had tentatively
scheduled a luncheon for Wednesday, February 4 , 1981 with
Mr. Stevick to discuss the disposition of the Thornewood
house and grounds. He noted that N. Hanko would also be
attending the meeting and requested permission to expend
District funds for the luncheon.
Motion: E. Shelley requested that District funds be authorized
to cover the luncheon in San Francisco. B. Green
seconded the motion.
Discussion: H. Turner requested the option to attend
the meeting. The motion passed on the follwoing vote:
AYES : K. Duffy, D. Wendin, B. Green, E. Shelley,
H. Turner, and R. Bishop.
NOES : None .
ABSTENTIONS : N. Hanko.
B. Long Term Office Space Needs and Location
H. Grench reviewed report R-81-2 , dated Janaury 6 , 1981, that
recapped prior discussions relating the District 's long
term office space needs and location. He expressed his concern
that action on this matter not detract from the main function
of the District, preserving open space, that the current office
space was adequate but getting tighter, and the potential building
sites along the El Camino Real strip were disappearing.
Discussion centered on the financial aspects of building or buying
an office building, staff time that might be required if the
District had its own office building, whether the District should
Meeting 81-2 ige Four
build its own office structure, the proper location for the
District office, and the possibility of locating the District
office at a surplus school site.
Motion: E. Shelley moved that the President establish a committee
of the Board to review the long term location of the
District office and the question of buying versus
renting. K. Duffy seconded the motion.
Discussion: E. Shelley noted than an office located
on a surplus school site would help to preserve more
"open space" and that it was the intent of his motion
for the work of this committee to have a low priority.
R. Bishop said an office location should be close to
public transportation, but there would be a location
disadvantage of having a combined headquarters for
the office and ranger staff on El Camino Real. R.
Bishop called for a roll call vote on the motion
and the motion passed on the following vote:
AYES : K. Duffy, D. Wendin, B. Green, E. Shelley,
and H. Turner.
NOES : R. Bishop and N. Hanko.
R. Bishop appointed E. Shelley, B. Green, and K. Duffy to serve
this committee and designated E. Shelley as the committee ' s
chairman.
VIII. NEW BUSINESS WITH ACTION REQUESTED
A. Proposed Td-d-i-t-1--on to Monte Bello and Rancho San Antonio
Open Space Preserves (Winship Property)
C. Britton introduced report R-81-5, dated Janaury 22, 1981,
regarding the acquisition of the Winship property which would
become an addition to the Monte Bello and the Rancho San
Antonio Open Space Preserves and reviewed the terms of the
purchase agreement, noting the total purchase price would be
$905, 000. He stated that the arbitrary breakdown of the
total price included $700,000 for the land and $250,000
for the leases. He said this acquisition would create a budget
overrun of $863 ,000 in the New Land Purchase budget category.
S. Sessions reviewed the use and management recommendations
contained in the report, noting that the property fell into
two planning areas and would be divided so as to fall into
two different open space preserves .
D. Wendin asked why the District had to pay to maintain the
trail on the property which appeared to be a PG & E access
trail.
S. Sessions said staff was proposing to maintain the trail to
a safe standard and C. Britton noted, at a later point in
the meeting, that PG & E had no rights on the property.
N. Hanko suggested that , since the property would fall into
two different open space preserves, signs should be appropriately
placed to inform hikers and equestrians that they were en-
tering a different preserve.
Meeting 81-2 Page Five
Motion: N. Hanko moved the adoption of Resolution 81-4, 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 Necesary or Appropriate
to Closing of the Transaction (Monte Bello Open
Space Preserve - Winship Property) . D. Wendin
seconded the motion. The motion passed unanimously.
Motion: E. Shelley moved that the Board authorize a budget
overrun of $863 ,000 in the New Land Purchases budget
category. B. Green seconded the motion. The motion
passed unanimously.
Motion: N. Hanko moved that the Board approve the interim use
and management proposals, dedicate the property as
open space, and officially name the site as an addition
to the Monte Bello Open Space Preserve and the Rancho
San Antonio Open Space Preserve - Duveneck Windmill
Pasture Area. E. Shelley seconded the motion. The
motion passed unanimously.
B. Proposed Addition to Long Ridge Open Space Preserve (Smith
Property
C. Britton reviewed report R-81-6 , dated Janaury 23 , 1981, and
said that the purchase agreement for the Smith property, which
would become an addition to the Long Ridge open Space Preserve,
called for an all cash payment of $130 ,000 at the close of
escrow. He noted that, if this acquisition was approved,
it would bring the total budget overrun to $993,000.
S. Sessions reviewed the use and management recommendations
outlined in the report, noting that the acquisition would
provide a trail connection to other park facilities.
N. Hanko asked how the public would have access to the site and
if there was a hiking stile at the Grizzly Flat parking area.
S. Sessions responded that members of the public could gain
access from the existing portion of the Long Ridge Open Space
Preserve and that there was no hiking stile at Grizzly Flat
at this time.
Motion: B. Green moved the adoption of Resolution 81-5 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance
of Agreement to Purchase Real Property, Authorizing
Office 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 (Long Ridge Open Space
Preserve - Smith Property) . K. Duffy seconded the
motion. The motion passed unanimously.
Meeting 81-2 .,age Six
Motion: B. Green moved that the Board authorize an additional
budget overrun of $130 ,000 in the New Land Purchases
budget category. K. Duffy seconded the motion. The
motion passed unanimously.
Motion: B. Green moved that the Board approve the interim use
and management proposals, dedicate the property as
open space, and officially name the site as an addition
to the Long Ridge Open Space Preserve. K. Duffy
seconded the motion. The motion passed unanimously.
C. Renewal of Investment Authority
M. Foster reviewed memorandum M-81-8 , dated Janaury 19 , 1981,
regarding the renewal of his investment authority and reported
on the District ' s investment program.
Motion: N. Hanko moved the adoption of Resolution 81-6 , 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. B. Green
seconded the motion and it passed unanimously.
D. Revision of Authorized Signatories for District Accounts
and Safe Deposit Box
J. Fiddes introduced memorandum M-81-12 , dated January 22 , 1981,
regarding the need to revise the authorized financial instrument
signatories for the District' s accounts and safe deposit box.
Motion: D. Wendin moved the adoption of Resolution 81-7 of the
Board of Directors of the Midpeninsula Regional Open
Space District Establishing Financial Instrument Sig-
natories of the District for Santa Clara County. E.
Shelley seconded the motion. The motion passed unanimously.
Motion: D. Wendin moved the adoption of Resolution 81-8 of the
Board of Directors of the Midpeninsula Regional Open
Space District Approving Certificate of Authority of
Officers (United California Bank - San Francisco) .
E . Shelley seconded the motion. The motion passed
unanimously.
Motion : D. Wendin moved the adoption of Resolution 81-9 of the
Board of Directors of the Midpeninsula Regional Open
Space District Establishing New Specimen Signatures
for Signing and Endorsing Checks and Other Instruments
(Union Bank - Palo Alto) . E. Shelley seconded the
motion. The motion passed unanimously.
Motion: D. Wendin moved the adoption of Resolution 81-10 of the
Board of Directors of the Midpeninsula Regional Open
Space District Authorizing Signing and Endorsing Checks
and Other Instruments for Savings Account (United
California Bank - Los Altos) . E. Shelley seconded the
motion. The motion passed unanimously.
Meeting 81-2 Page Seven
Motion: D. Wendin moved the adoption of Resolution 81-11 of the
Board of Directors of the Midpeninsula Regional Open
Space District Authorizing Signing and Endorsing Checks
and Other Instruments for Checking Account (United
California Bank - Los Altos) . E. Shelley seconded the
motion. The motion passed unanimously.
Motion: D. Wendin moved the adoption of Resolution 81-12 of the
Board of Directors of the Midpeninsula Regional Open
Space District Establishing Signatures for Entering Safe
Deposit Box (United California Bank - Los Altos) .
E. Shelley seconded the motion. The motion passed
unanimously.
Motion: D. Wendin moved the adoption of Resolution 81-13 of the
Board of Directors of the Midpeninsula Regional Open
Space District Authorizing Signing and Endorsing Checks
and Other Instruments for Checking Account (Wells Fargo
Bank - Mountain View) . E . Shelley seconded the motion.
The motion passed unanimously.
E' Changes in the District' s Rules of Procedure
H. Grench introduced memorandum M-81-10, dated Janaury 19 , 1981,
regarding the proposed changes to the District' s Rules of
Procedure. He reviewed each of the changes, and Board dis-
cussion centered on Sections 1. 30 , 1. 44 , 1.45 , 1. 52 , 1. 70,
2 . 15 , and 2 . 30 .
N. Hanko requested that the proposed wording for Section 1. 30
be changed to read "A copy of the agenda and of all available
supporting material shall be mailed by 5 : 30 P.M. on the Friday
preceding each regular Board meeting or delivered by 7 :00 P.M.
on the Saturday preceding each regular Board meeting" in
order to allow members of the Board to have ample time to
review packet material. The members of the Board concurred
with the proposed wording.
D. Wendin, in discussing the proposed wording change to Section 1.45 ,
said that the wording should be changed in order to state that
the presiding officer could limit Oral Communciations if he
chose to and that members of the public should have adequate time
to express their comments or concerns to the Board.
N. Hanko stated that she felt the five minute restriction should
not apply to Oral Communications related to a specific agenda
item.
Motion: D. Wendin moved that the proposed change to Section
1.45 read "Presiding member of the Board may limit pre-
sentations of speakers under this section to five
minutes" . E. Shelley seconded the motion. The
motion passed vote:
AYES: K. Duffy, D. Wendin, E. Shelley, B. Green,
and H. Turner.
NOES ; N. Hanko and R. Bishop.
I
Meeting 81-2 Page Eight
N. Hanko stated that she did not approve of the Board taking any
action during informational reports, but would at this time
support the proposed change to Section 1. 52 .
H. Grench noted the proposed change in Section 1.44 and 1. 70
was to bring the District' s Rules of Procedure into conformity
with the Public Resources Code. He said there was some question
as to the definition of the word "act" in the code and that
it was his intent in proposing the change to encourage the
Board to act by motion, rather than consensus , in order to
allow for the most accurate reflection of Board action.
Discussion centered on whether all Board action should be
carried out by motion, and S. Norton stated that he felt the
presiding member of the Board could have the discretion to allow
administrative actions of the Board, such a directing staff,
to be taken by consensus.
D. Wendin requested that the minutes reflect the Board' s
concurrence that the presiding officer did have the authority to
act by consensus.
N. Hanko stated that she would like to see the minutes of
Board meetings formally adopted by motion.
N. Hanko requested that the proposed wording for Section 2 .15
be changed to read: "Annual Disclosure statements required
by the Fair Political Practices Commission shall be distributed
to designated employees by the District Clerk by Janaury 15 and
returned to the Clerk by January 31. " The members of the Board
agreed with the wording of N. Hanko.
H. Grench noted that the proposed changes in Section 2.30
reflected changes in the Public Resources Code that allowed
directors to be compensated for meetings continued to another
day. He noted it was not his intent for directors to count
for compensation meetingscontinued after midnight or meetings
continued for a closed session only.
N. Hanko asked if a meeting that was solely called for a
closed session of the Board could be counted toward
compensation, and D. Wendin requested that S. Norton deter-
mine whether the law allowed for board members to be paid for a
closed meeting where no public items were discussed.
R. Bishop requested that the Budget Committee consider
increasing the Directors ' compensation.
Motion: D. Wendin moved the adoption of Resolution 81-14 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Revising Rules
of Procedure, as amended. B. Green seconded the
motion. The motion passed unanimously.
Meeting 81-2 Page Nine
F. Scheduling of Special Meeting for Site Emphasis Policy
Questions
H. Grench discussed memorandum M-81-6, dated Janaury 21, 1981,
regarding the scheduling of a Special meeting for the discus-
sion of site emphasis policy questions. He noted that if the
agenda for the February 11 or 25 Regular Meeting was short,
it might be possible to schedule the discussion for one of
those dates.
Motion: E. Shelley moved that the Board schedule a Special Meet-
ing for 7 : 30 P.M. Vlednesday, February 18 subject to
cancellation by the President. K. Duffy seconded
the motion. The motion passed unanimously.
IX. INFORMATIONAL REPORTS
C. MacDonald described the current selection of District
slide shows and outlined the presentations and displays that
were made during 1980. She distributed memorandum M-81-14 ,
dated January 28, 1981, which elaborated on her report to
the Board.
S. Sessions reported that staff had presented a conceptual
plan of the Monte Bello parking lot to San Mateo County,
and the plan had been technically approved by the Public Works
Department. He said that staff had received conceptual ap-
proval of the plan from the Planning Department and an in-
dication that the Planning Department would give the District
administrative approval for the parking lot, providing that
certain conditions were met. He said that the major condition
was that the District not move more than 1000 cubic yards
of material. He said District staff was in the process of
soliciting proposals for engineering studies for the parking
area.
S. Sessions said that staff was currently monitoring the in-
creasing parking problems at the entrance to the Rancho San
Anontion Open Space Preserve.
C. Britton reported that the District would officially own
Windy Hill on January 29 , 1981.
H. Grench discussed a letter, dated January 22 , 1981, from
David L. Nichols, San Mateo County Manager, regarding San
Mateo County' s priority plan for expenditure under Proposi-
tion 1 and a meeting scheduled for January 30, 1981 to estab-
lish the allocations under the priority plan. After discussing
the matter, the Board authorized the General Manager to seek
and accept the same type of allocation as the District re-
ceived from Santa Clara County. The Board requested that, if
the allocation was less than Santa Clara County' s, H. Grench
return to the Board for further discussions.
H. Grench reported on the status on Proposition 1 nominations,
the schedule of meetings with members of the Board to discuss
Meeting 81-2 Page Ten
upcoming agendas, and that Jennie George would be leaving
the District' s staff the end of March.
N. Hanko reported that Frances Brenner, a member of the
Palo Alto City Council, a former member of the Palo Alto
Planning Commission, and an advocate for open space, had
died on January 26, 1980. She said Mrs. Brenner' s family
had requested that she assist them in establishing a memorial
fund at the District for the preservation of the Stevens Creek
watershed.
R. Bishop reported on the meeting of the Picchetti Winery
Proposals Committee that was held on January 21, 1981 at
Montebello School.
X. CLAIMS
D. Wendin questioned Claim 1779 to German Travel, and S.
Sessions responded that it represented the air fare for two
members of the Ranger staff to attend a training conference.
Motion: D. Wendin moved the approval of the revised claims
C-81-2 , dated January 28 , 1981. E. Shelley seconded
the motion. The motion passed unanimously, with
N. Hanko abstaining from voting on Claim 1784 to
I.B.M.
XI. EXECUTIVE SESSION
The Board recessed to Executive Session at 1100 P.M.
XII. ADJOURNMENT
The Board reconvened to adjourn at 11:20 P.M.
Jean H. Fiddes
District Clerk
CORRECTIONS TO MINUTES OF
II. APPROVAL OF MINUTES
A. January 28, 1981
E. Shelley stated the arbitrary value of the leases on the Winship
property was incorrectly stated as $205,000 and should read $250,000
(Page Four, Item A of New Business with Action Requested) .
Motion: N, Hanko n.oved the adoption of the corrected minutes of
January 28, 1981. D. Wendin seconded the motion. The
motion gassed linanimmicOv.