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HomeMy Public PortalAbout19830818 - Minutes - Board of Directors (BOD) Meeting 83-20 1 %toe IPA • 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.