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HomeMy Public PortalAbout19821110 - Minutes - Board of Directors (BOD) efifig 82-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING BOARD OF DIRECTORS MINUTES NOVEMBER 101 1982 I. ROLL CALL President Katherine Duffy called the meeting to order at 7 : 36 P.M. Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Personnel Present During the Meeting: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, James Boland, Del Woods , William Tannenbaum, Jean Fiddes , and Stanley Norton. II . APPROVAL OF MINUTES A) October 19 , 1982 Motion: B. Green moved the approval of the minutes of October 19 , 1982. D. Wendin seconded the motion. The motion passed unanimously, with E. Shelley abstaining from the vote. B) October 27 , 1982 Motion: E. Shelley moved the approval of the minutes of October 27 , 1982. H. Turner seconded the motion. The motion passed unanimously, with D. Wendin abstaining from the vote. III. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received the following written communciations : 1) Letters regarding the question of allowing dogs on District preserves from: a) Donald M. Kobrin, 732 Greer Road, Palo Alto (October 31, 1982) b) G.F. Waters , 230 Arden Road, Menlo Park (October 25 , 1982) c) Thera E. Rose, 22421 Holt Avenue, Los Altos (October 9, 1982) d) Norman A. Stoner, Suite 410-The Swenson Building, 777 North First Street, San Jose (November 1, 1982) ; and e) Thomasene Dutton, 1872 Colleen Drive, Los Altos (October 10,1982) The letters were referred to the Dog Committee. 2) A memorandum from Ellie Huggins and Betsy Bechtel, Coordinators of the District' s Tenth Anniversary Events, requesting the Board consider sending a resolution of appreciation to the Board of Directors of the Coyote Point Museum and complimenting District staff on the exhibit at the museum. The Board requested the President to send a letter of appreciation to the Directors of the museum. 3) A letter, dated November 4 , 1982 , from Harriet Mundy thanking the Board for the resolution of appreciation presented to her on October 23. 4) A letter, dated November 10, 1982 , to President Duffy from Artemus 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 82-24 Page Two Ginzton, 28014 Natoma Road, Los Altos, requesting the Board consider the health needs of individuals suffering from environment-related illnesses in connection with the rental of available District structures. 5) a letter, dated November 10, 1982, from Harry H. Haeussler, Jr. , 1094 Highland Circle, Los Altos , regarding sending a representative to the December 2 meeting in Morgan Hill at which the possibility of a mounted patrol for Mount Madonna Park will be discussed and considering a joint effort between the District and Santa Clara County for a mounted patrol. Mr. Haeussler' s letter was referred to staff for consideration. IV. ADOPTION OF AGENDA K. Duffy indicated Board consensus that the agenda was adopted as presented. V. ORAL COMMUNICATIONS Robert Fisse, 20225 Skyline Boulevard, Woodside, stated he felt the members of the Board should consider increasing their monthly compensation to the maximum amount permitted by law because of the great amount of time spent on their District duties. VI. SPECIAL ORDERS OF THE DAY A) Report from Robert Beckus and Introduction of Ralph Heim of California Advocates , Inc. (memorandum M-82-112 of November 4 , 1982) H. Grench introduced Robert Beckus and Ralph Heim, who both addressed the Board. Motion: B. Green moved the adoption of Resolution 82-51, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Expressing Its Appreciation to Robert J. Beckus . N. Hanko seconded the motion. The motion passed unanimously. The Board recessed for a break at 8 : 13 P.M. and reconvened for the public meeting at 8 : 19 P.M. vii. PUBLIC HEARING A) Proposed Annexation of the Portions of Two Open Space Preserves Outside District Boundaries H. Grench reviewed memorandum M-82-107 , dated November 3 , 1982, regarding the annexation to the District of 148 acres at Mount Umunhum and two areas, totalling 380 acres, along Russian Ridge. He noted the Santa Clara County Local Agency Formation Commission had unanimously adopted a resolution approving the annexation. President Duffy opened the Public Hearing at 8 : 26 P.M. , and since there were no public comments on the specific annexation before the Board, closed the Public Hearing at 8 :27 P.M. Motion: H. Turner moved the adoption of Resolution 82-52 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves - 1982) . B. Green seconded the motion. The motion passed unanimously. Meeting 82-24 Page Three VIII. OLD BUSINESS WITH ACTION REQUESTED A) Lease for Historic Restoration of Thornewood C. Britton reviewed in detail report R-82-44 , dated November 5 , 1982 , regarding the proposed seventeen year lease agreement with Mr. and Mrs. Thomas Gano for the historic Thornewood property. He noted the Board had previously approved the Agreement to Exchange Interests in Real Property that provided for the exchange of the seventeen year lease of the Thorne- wood site and cash for the Gano' s Schilling Lake parcel. C. Britton discussed various items regarding the use and management of the leasehold area, including the barbeque area, the Open Space Area, tours of the Thornewood house, and the water system, and noted that, at this time , no formal use and management recommendations were being presented to the Board for consideration. M. Grench noted that the schedule for reviewing the use and management plans for the Thornewood property and the Schilling Lake property would be discussed in conjunction with the upcoming annual Use and Management Plan Schedule Review. In response to questions from N. Hanko, T. Gano stated it was his under- standing that functional use of the barbeque area would require a permit, but "transient" use of the area (i .e. people on the trail passing by the barbeque area would not require a permit and he noted he had not yet worked out the mechanics of the permit system, although if away from the house for an extended period, he thought he might use an answering service or request that the District staff handle permit requests for the barbeque area. Mr. Gano stated that public parking for the barbeque area was at Wunderlich Park, but noted that users with a functional use permit could transport supplies or physically limited individuals to the barbeque area. C. Britton added that people using the barbeque area who did not want to hike from Wunderlich Park to the barbeque area could be dropped off on La Honda Road at the entrance to Thornewood and walk in to the barbeque area. B. Green noted the words "any all and" in the second to last line on Page eleven of the lease agreement should be corrected to read "any and all" and stated the second sentence of section 32-ENTRY BY DISTRICT on Pages sixteen and seventeen was incomplete. C. Britton noted the sentence was intended to include the statement that the District shall at all times have or be provided with and retain a key which would unlock and relock all gates and doors at the site, excluding those areas of the lease area already noted in the lease section. N. Hanko requested the minutes reflect that C. Britton' s proposed wording revision of the second sentence in Section 32 was the meaning that the Board was approving when adopting the lease. N. Hanko noted that certain wording in the Thornewood Lease Parameters should be corrected to read "tours of the interior of the Thornewood house" . Motion: R. Bishop moved the adoption of Resolution 82-53 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Lease Agreement for Historic Preserva- tion (Thornewood Property) with the changes noted in the lease. H. Turner seconded the motion. The motion passed unanimously. Motion: R. Bishop moved the Board instruct staff to return with a use and management plan which conforms to the lease at the time the Review Committee makes its presentation to the Board. H. Turner seconded the motion. The motion passed unanimously. Motion: N. Hanko moved H. Turner be appointed to represent the Board on the Review Committee. B. Green seconded the motion. The motion passed unanimously. Meeting 82-24 Page Four H. Grench noted he would appoint D. Hansen as the staff representative on the Review Committee, and T. Gano introduced Mike Schradle of Los Gatos who would serve as the Gano' s representative on the Review Committee. Motion: D. Wendin moved to disband the Thornewood Committee. E. Shelley seconded the motion. The motion passed unanimously. IX. NEW BUSINESS WITH ACTION REQUESTED A) Ranger Residence Policies and Plan D. Hansen reviewed report R-82-41, dated November 4 , 1982, regarding the proposed policies and plan for Ranger residences, noting the policies and plan presented by staff were intended to be the basis of a long-term Ranger residence program. E. Shelley, referring to Policy Statement #5 - Overall Plan, questioned who would review the plan every three years, and K. Duffy stated the Board' s consensus that the words "by the Board" be inserted after the word "reviewed" in the last sentence of Policy Statement #5 . Discussion also centered on the rotation of residences among District Rangers and what process would be used to determine the rental value of a Ranger residence, especially in the case where a rental value was adjusted downward when a larger structure was shared for other compatible uses or activities or when astructure was larger than required by a Ranger. K. Duffy requested that the members of the Board be sent copies of the administrative policies used to implement the Board' s Ranger Residency Policies, noting the administrative policies would outline how rental values and adjustments were determined. Motion: R. Bishop moved the Board adopt the proposed Ranger Residence Policies as amended and the initial plan as proposed in the staff report. H. Turner seconded the motion. The motion passed unanimously. B) Review of Use and Management Plan for Planning Area IV - Rancho San Antonio Open Space Preserve D. Hansen introduced report R-82-43, dated November 5, 1982, and D. Woods reviewed in detail the various parts of the use and management plan for Rancho San Antonio Open Space Preserve. Major discussion focused on the following items: the construction of the bridge at Rancho San Antonio County Park; signing for Cristo Rey Drive on Foothill Boulevard; bike trails on the Preserve; and the upper house near Mora Drive and the lower house formerly occupied by Mrs . Francis Perham. D. Wendin stated he felt staff should more actively pursue the issue of placing a directional sign for the Preserve on Foothill Boulevard at Cristo Rey Drive. Motion: D. Wendin moved staff be directed to return to the Board in May or June with a recommendation on whether or not to place a sign on Cristo Rey Drive and if so, what kind of sign. R. Bishop seconded the motion. Discussion: A member of the audience suggested the County be asked to install a directional street sign for Cristo Rey Drive on Foothill Expressway, and Harry Haeussler, 1094 Highland Circle, Los Altos, stated directional signs should be installed immediately. Meeting 82-24 Page Five Motion to Amend: N. Hanko moved the motion be amended to direct staff to return to the Board with a plan for the installa- of a sign on Cristo Rey Drive. The motion died for lack of a second. The motion before the Board passed unanimously. N. Hanko expressed her interest in having the staff pursue the idea of a bike path to Ravensbury Avenue. Subsequent discussion focused on the new use and management recommendations for the lower house formerly occupied by Mrs . Francis Perham and the upper house near Mora Drive, which staff was recommending be removed. N. Hanko stated she had been informed that the Girl Scouts were in- terested in the use of the upper house, noted it might also serve as a youth hostel, and asked what District procedures were for informing appropriate groups about a structure that might be of use. The Board discussed the manner in which they should proceed in discussing the issue of the upper house. Motion: R. Bishop moved the Board place this issue concerning the upper house on a future agenda in order to discuss the policy question of whether the Board should attempt to find some organization or group that could use the building or whether the building should be demolished. H. Turner seconded the motion. Discussion: Discussion centered on the need to discuss the District' s policy regarding demolition of structures, the possible need for a public meeting at the site to allow members of the public and the Board to inspect the house in order to provide input on possible parameters for use, and possible methods for considering the issue. R. Bishop, with H. Turner' s consent, subsequently withdrew his motion before the Board. Motion: D. Wendin moved that staff be asked to return at the first meeting in December with a proposal on how the issue of the upper house be addressed at a future Board meeting. B. Green seconded the motion. The motion passed unanimously. H. Turner questioned the staff about dogs on the Preserve and the reason the trails from Mora Drive and Ravensbury Avenue to the Preserve were not labeled on the Preserve' s brochure. Motion: B. Green moved the Board tentatively accept and adopt the use and management recommendations contained in the report as amended during the meeting and excluding the recommendation on the upper house. E. Shelley seconded the motion. The motion passed unanimously. K. Duffy stated the Board' s consensus to move to agenda item eight, Approval of Agreement with Stone and Youngberg to Serve as the Managing Underwriter of Negotiable Promissory Notes. Meeting 82-24 Page Six C) Approval of Agreement with Stone and Youngberg to Serve as Managing Underwriter of Negotiable Promissory Notes H. Grench, referring to his memoranda M-82-110 and M-82-113 of November 5, 1982 and M. Foster' s reports R-82-40 and R-82-45 of November 5 and November 8 , discussed the rationale for issuing $5 . 4 million in long-term notes at this time and the reasons staff proposed the Board proceed with signing the agreement with Stone and Youngberg to serve as the managing underwriter of the negotiable promissory notes. He stated that the proposal from First Interstate Bank of California differed substantially from Stone and Youngberg' s proposal in that it was only in preliminary form and said that M. Foster, after evaluating the First Interstate proposal, still recommended the Board proceed with Stone and Youngberg. H. Grench introduced Everett Williams and Bill Huck from Stone and Youngberg, noting Mr. Williams had handled the District' s previous note issue. Discussion centered on the timing of the sale, the interest rates involved, and the use of the extra funds . Motion: H. Turner moved the President of the Board be authorized to sign the agreement with Stone and Youngberg and that the District hire the firm of Orrick, Herrington, Rowley & Sutcliffe to act as bond counsel in accordance with their proposal. R. Bishop seconded the motion. The motion passed unanimously. Due to the lateness of the hour, President Duffy, with the Board' s consensus, stated the Board would consider the following agenda items, Monte Bello Open Space Preserve - Communications Facilities Policies and Plans for Distribution of All Site Brochure, at a future Board meeting as determined by the General Manager . D) Proposed Addition to Whittemore Gulch Redwoods open Space Preserve (Lands of Rancho Canada de Verde, Inc. ) C. Britton reviewed report R-82-42, dated November 3 , 1982, regarding the opportunity for the District to purchase approximately 174 acres of land adjacent to the newly acquired Whittemore Gulch Redwoods Open Space Preserve in San Mateo County. He noted the purchase agreement for the property called for a payment of $260, 000 in cash at the close of escrow. D. Hansen reviewed the use and management recommendations contained in the staff report. Motion: H. Turner moved the adoption of Resolution 82-54 , 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 (Whittemore Gulch Redwoods Open Space Preserve - Lands of Rancho Canada de Verde, Inc. ) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the Board tentatively adopt the interim use and management recommendations contained in the report, in- cluding the naming of the site, and state its intention to dedicate the property as open space. R. Bishop seconded the motion. The motion passed unanimously. Meeting 82-24 Page Seven E) Costonoan way Open Space Preserve - Exchange of Interests in Real Property (Lands of Mudd) C. Britton reviewed report R-82-43 , dated November 4 , 1982, regarding the granting of an easement by the District for ingress, egress , and installation and maintenance of public utilities over a portion of the Costonoan Way Open Space Preserve in exchange for a public trail easement traversing a 40 acre parcel of land adjacent to Sanborn County Park. He noted there would be no direct dollar payment associated with this transaction. Motion: E. Shelley moved the adoption of Resolution 82-55, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Property Interest Being Released, Authorizing Officer to Execute Certificate of Ac- ceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Costonoan Way Open Space Preserve - Mudd Property) . B. Green seconded the motion. The motion passed unanimously. X. INFORMATIONAL REPORTS C. MacDonald stated that there were only a few openings remaining for the Tenth Anniversary Dinner on November 13. XI. CLAIMS Motion: E. Shelley moved the approval of the revised claims C-82-81, dated November 10, 1982. N. Hanko seconded the motion. The motion passed unanimously. XII. CLOSED SESSION The Board recessed to Closed Session on land negotiation and litigation matters at 11: 12 P.M. z1II. ADJOURNMENT The Board reconvened to adjourn at 12 : 35 A.M. , Thursday, November 11, 1982. Jean H. Fiddes District Clerk