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HomeMy Public PortalAbout19810128 - Minutes - Board of Directors (BOD) Meeting 81-2 Al I ee 0 am 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.