HomeMy Public PortalAbout19830818 - Minutes - Board of Directors (BOD) Meeting 83-20
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
SPECIAL MEETING
BOARD OF DIRECTORS
AUGUST 18, 1983
MINUTES
I . ROLL CALL
Vice President Harry Turner called the meeting to order at 7 : 30 P.M.
Members Present: Daniel Wendin, Edward Shelley, Nonette Hanko, Harry
Turner and Richard Bishop.
D. Wendin stated that Barbara Green ' s resignation was effective
Sunday, August 14, 1983 .
H. Turner stated that since Katherine Duffy had not yet arrived,
the Board should consider the agenda item concerning Moffett Field first.
Motion: R. Bishop moved to change the order of the agenda accordingly.
E. Shelley seconded the motion. The motion passed unanimously.
Director Duffy arrived at 7 : 40 P.M.
II . NEW BUSINESS WITH ACTION REQUESTED
A. District Position on the Advisory Measure Concerning Private Use
of Moffett Field (Memorandum M-83-96 of August 16, 1983)
E. Shelley introduced the agenda item, noting the issue concerned
general aviation use of Moffett Field and cited an initial study that
had been prepared by the San Jose Airport Authority which discussed_
the possibility of general aviation use of Moffett Field. He noted
that Crittenden Marsh had been mentioned in the study and that there
would be critical impact on the site. He noted the District had
never been notified of this impact, adding the District had never been
directly advised of the study. Ile stated the Cities of Mountain View
and Sunnyvale, both of which had expressed opposition to the general
aviation use of Moffett Field, had taken action to place an advisory
measure on the November 8 „ 1983 ballot regarding this issue and said
he had been approached to be signer of the ballot statement opposing
this use. He said he had requested this item be placed on the agenda
to see if the Board was willing to take an official position on the
matter.
E. Shelley introduced Jim Zesch, a member of the Mountain View City
Council , Mr. Zesch distributed information to the Board that had
been taken from the General Aviation Reliever Airport Site Feasi-
bility Study that had been prepared for the cities of Fremont and
San Jose. He noted the joint civiliarij military use of Moffett
Field was one of the alternatives mentioned in the report and then
discussed the reasons such joint use would impact Crittenden Marsh,
including disturbing wildlife in the area and creating noise impacts
as reasons . Mr. Zesch said touch and go landing practice by private
aviators at Moffett Field would generate a significant amount of
noise and would be environmentally disturbing. In response to a
question from R. Bishop, Mr. Zesch stated. arguments calling for the
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 83-20 Page two
joint aviation use of Moffett Field included the fact that the noise
generated would be shunted out over the Bay and thus not impact resi-
dential areas and the fact 17-1offett Field is considered under utilized.
He stated he was asking the District to state its opposition to this
joint aviation use.
Motion: E. Shelley moved the Board of Directors of the Midpeninsula
Regional Open Space District oppose the joint use of Moffett
Field for general aviation because of our concern on the
probable negative impacts on the District ' s Eaylands Nature
Study Area. R. Bishop seconded the motion.
Discussion: D. Wendin stated he could not support the motion
as worded since he needed to hear all arguments for and
against general aviation use of Moffett Field. He said he
did not support or oppose general aviation use, but did
oppose any impact such use would have on Crittenden Marsh
and noted he could not assume there is no plan regarding
general aviation use that would impact Crittenden Marsh.
Motion to Amend: D. Wendin moved to amend the motion to insert the
the words "the proposed plan for" after the word
.'oppose" and to substitute the words "because of
its impact on Crittenden Marsh" for the words
"because of our concern for the probable negative
impacts on the District's Baylands Nature Study
Area" . N. Hanko seconded the motion.
Discussion: D. Wendin stated the District needed to be
very careful in exercising its political authority
and noted for the record he was not taking a position
on whether or not general aviation use should occur
at Moffett Field. He requested a presentation be
scheduled at a future Board meeting to allow indi-
viduals in favor of using Moffett Field for aeneral
aviation use to present their arguments. The motion
to amend passed unanimously.
The amended motion passed unanimously.
E. Shelley stated he would consult with S. Norton on what designation
he should use in signing the ballot argument.
B. Procedure for Filling Board Vacancy in Ward Three
H. Turner stated this item had been placed on the agenda since B .
Green' s resignation was effective Sunday, August 14 1983 and if the
Board wanted to fill the vacancy by election, certain Board action was
required prior to Monday, August 22, 1983 .
C. Britton reviewed memorandum M-83-95 of August 16, 1983 which out-
lined the options for filling the vacancy and discussed the fact that
if the Board wanted to fill the position by the election process,
they would have to pass a resolution calling the election and re-
questing consolidation prior to Monday, August 22, 1983, the opening
day of the nomination period for the December 13 special election.
He stated there was a possibility that the December 13 election might
be cancelled either close to or after the sixty day period during
which the Board has the authority to fill the vacancy by appointment
and noted the next available election date was in April.
Discussion centered on the risks involved if the special election
were cancelled and the benefits of filling the position by the
election process versus the appointment process.
Meeting 83-20 Page three
R. Bishop stated he favored filling the vacancy by appointment,
noting that the law provided two legal ways of proceeding, that there
might be a very low voter turnout for the December 13 election, and
that, since the Board would have the opportunity to interview each
candidate in the appointment process, he felt the Board was capable
of selecting a qualified person.
Beez Jones, 16891 Stevens Canyon Road, Cupertino, and Tom Kavanaugh,
1726 Spring Street, Mountain View, expressed their support for
filling the vacancy by calling an election.
S. Norton reviewed what could happen if the December 13 election
was cancelled, noting the Board could fill the vacancy by appointment
if still within their sixty day period from the time of B. Green ' s
resignation. He stated that after the sixty day period, the authority
to appoint a replacement passed to the Santa Clara County Board of
Supervisors.
Motion: D. Wendin moved the Board call an election to fill the empty
seat with the added provision that, if it is allowed by law,
if the election' is cancelled that the District appoint by
appropriate procedures the replacement and if this is not
permissable, that the County of Santa Clara Board of Super-
visors be solicited to appoint with the Board ' s advice.
K. Duffy seconded the motion.
Discussion:Discussion concerned possible risks and impacts
involved by calling an election for December 13. E. Shelley
stated that if the December 13 election is held he felt only
a segment of the electorate will vote and therefore it would
be more appropriate to call an election for April, but noted
he did not support waiting until April to fill the vacancy.
D. Wendin noted that after October 12, the decision for
filling the vacancy would be the responsibility of the
Santa Clara County Board of Supervisors if the ' election is
cancelled. R. ' Bi'shop stated he would vote against the motion
for reasons cited earlier, specifically a probable low voter
turnout for the December 13 election that would thus not be
a representative group of the electorate.
The motion passed on the following vote:
Ayes: D. Wendin, K. Duffy, H. Turner and N. Hanko
Noes: R. Bishop and E. Shelley
E. Shelley stated he voted against the motion because of the
uncertainties surrounding the December election and if the
election was held, those individuals voting would not be
representative of the entire electorate.
J. Fiddes distributed a resolution the Board would have to adopt to
call officially the election and request consolidation with the
December 13 election in Santa Clara County. S. Norton briefed the
Board on the content of the resolution and recommended the Board
insert the following wording at the end of item one of paragraph four:
"provided however, if the special statewide election is not held on
that date then, if permitted by law, the District Board of Directors
will make the appointment or if not, the Board of Supervisors of
Santa Clara County or other authorized appointing authority will
make the appointment" .
meeting 83-20 Page four
motion: D. Wendin moved the adoption of Resolution 83-34, a
Resolution of the Board of Directors of the Midneninsula
Regional Open Space District Calling Election and Requesting
Consolidation (Santa Clara County - Ward 3) with the in-
clusion of the added language recited by S . Norton. K.
Duffy seconded the motion.
Discussion: In response to a question from H. Turner, J.
liddes summarized the Board's policy regarding payment of
candidate ' s statements. The motion passed unanimously.
Discussion centered on the possibility of distributing an application
form/questionnaire with nomination papers that could be used in the
event the December 13 election was cancelled and the Board was able
to fill the vacancy by appointment. The Board decided it would not
be appropriate to distribute such an application form/questionnaire
with official nominating papers.
Motion: D. Wendin moved the committee of N . Hanko and K. Duffy
that had been established to draft an application form to be
used in the event the Board decided to fill the vacancy by
appointment be placed on hold until reactivated by the Board
President. N. Hanko seconded the motion. The motion passed
unanimously.
III . INFORMATIONAL REPORTS
H. Turner stated he had appointed a committee composed of D. Wendin,
N. Hanko and himself to meet with members of the San Mateo County
Board of Supervisors to discuss the County ' s concerns regarding the
preservation of the Hassler buildings. He noted he had appointed the
com�mittee after Supervisor John Ward had requested such a committee
be appointed in order to meet with the Supervisors ' committee on this
matter on Monday, August 15, 1983 . Directors Turner, Hanko and
Wendin then reported on the meeting, and H. Turner stated another
meeting was scheduled for Monday, August 22, 1983 at 10: 00 A.M.
Since Directors Turner and Wendin stated they could not attend the
August 22 meeting, Directors Hanko and Duffy said they would attend.
H. Turner requested that an item be placed on the August 24 agenda
to discuss the charge of the committee. R. Bishop requested staff
report to the Board at the August 24 meeting on what vandalism, if
any, has taken place on the Hassler site.
IV. ADJOUR14MENT
The meeting was adjourned at 10 :11 P.M.
Jean Fiddes
District Clerk
CORRECTIONS TO MINUTES OF . I , )
� U
August 18 , 1983
D. Wendin noted the omission of the word "not" on page 2 in the discussion
section of the first motion, stating that the phrase should read " . . .there
is no plan regarding general aviation that would not impact Crittenden
Marsh" .
Motion: H. Turner moved the minutes be accepted as amended. D. Stiendin
seconded the motion. The motion passed unanimously.