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HomeMy Public PortalAbout19821208 - Minutes - Board of Directors (BOD) Meeting 82-27 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING BOARD OF DIRECTORS MINUTES DECEMBER 8, 1982 I. ROLL CALL President Duffy called the meeting to order at 7:35 P.M. Members Present: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Members Absent: Daniel Wendin. Personnel Present: Herbert Grench, Craig Britton, David Hansen , William Tannenbaum, Jean Fiddes, Del Woods , Michael Foster, Charlotte MacDonald, Stanley Norton, and Emma Johnson. II. APPROVAL OF MINUTES A. November 10, 1982 Motion: N. Hanko moved the approval of the minutes of November 10, 1982. H. Turner seconded the motion. The motion passed unanimously. B. November 17, 1982 Motion: B. Green moved the approval of the minutes of November 17, 1982. E. Shelley seconded the motion. The motion passed unanimously. III WRITTEN COMMUNICATIONS E. Johnson stated the following written communications had been received : 1 ) a letter from Bruce Swartz, dated December 4,regarding leasing of the upper Perham house, 2) a letter from Mrs. Long, dated December 2, writing in favor of the dog ban on preserves, 3) a letter from Cordelia Steed, dated November 18, in favor of allowing does on District property, 4) a letter from Jerry Anderson, dated November 11 , suggesting leashed dogs =be allowed on certain trails, 5) a letter from Howard White, dated November 15, agreeing with Director Turner' s pro- posals concerning dogs on preserves, 6) a letter, dated November 19, from Jean Berensmeier, Chairman of the Marin County Parks and Cultural Commission expressing its thanks for the Resolution of the Board on its tenth anniversary and wishing a happy tenth anniversary to MROSD, 7) a letter, dated November 22, from Robert Horton, Council Executive of the Stanford Area Council of Boy Scouts, suggesting the upper Rancho house be made available to Scouts to use, maintain, and protect, 8) a letter, dated November 23, from Pearson, Del Prete & Company, CPA' s, offering professional auditing services , 9) a letter from David Jameson, dated November 30, proposing the use of the upper Rancho house as a community meeting place for groups and as a residence for tenants who would maintain and protect the home. He wrote of his interest in renting the house and his plans to attend the Board meeting of December 8, 10) a letter from Guy and Nancy Mayes, dated November 27 , stating their enjoyment of Los Trancos and Monte Bello and suggesting the preserves have pit toilets and trash cans, and, 11 ) a letter from Celia and Don Hartnett inquiring about the current status of the Hassler property. The Board directed letters concerning dogs be directed to the Dog Committee. H. Grench said that staff responds to letters that reg6ire a response. Meeting 82-27 Page two IV. ADOPTION OF AGENDA K. Duffy indicated the agenda was adopted by Board consensus. V. ORAL COMMUNICATIONS T. Kavanaugh, 1726 Spring Street, Mountain View, queried the Board regarding the meeting prior to the regular meeting of November 17. He asked if it had been a committee meeting. R. Bishop answered that it was not a committee meeting but was a Due Diligence work session to assure that information for the Official Statement for the note issue was correct. L. Faber, 3127 David Avenue, Palo Alto, stated he was attending the meeting as a repre- sentative of the Trails Council . H. Haeussler, 1094 Highland Circle, Los Altos, expressed his concern about parking fees being charged by the County and whether the County might impose them at Rancho San Antonio County Park. The Board and D. Hansen noted that the County would surely communicate its intention to do so to the District, and the District would express its concern at that time. R. Fssue, 20225 Skyline Boulevard, representing the Skyline Association, discussed its concern about traffic on Skyline Drive when Skyline Ranch is used by the public. He suggested a District shuttle bus or public transportation. N. Hanko stated the Public Transportation Committee will be working on the issue of public transportation. VI. SPECIAL ORDERS OF THE DAY A. Appointment of Secretary Pro Tem President Duffy, noting that the Secretary of the Board , D. Wendin, will be out of town for an extended time, suggested the appointment of R. Bishop as Secretary Pro Tem. Motion: H. Turner moved the Board appoint R. Bishop as Secretary Pro Tem. E. Shelley seconded the motion. The motion passed unanimously. B. Declaration of Election Results J. Fiddes reviewed memorandum M-82-121 , dated November 30, noting the Board is required to accept the election results submitted by the County Clerks of Santa Clara and San Mateo Counties declaring Directors Duffy, Wendin , Hanko, and Turner as elected to the office of Director. Motion: E. Shelley moved the Board declare K. Duffy, Daniel Wendin, Nonette Hanko, and Harry Turner as elected to the office of Director of the Midpeninsula Regional Open Space District. B. Green seconded the motion. The motion passed unanimously. VII . OLD BUSINESS WITH ACTION REQUESTED A. Sale of 1982 Midpeninsula Regional Open Space District Negotiable Promissory Notes H. Grench reviewed memorandum M-82-128, dated December 3, 1982, noting the Board previously had approved in substance the Preliminary Official Statement for sale of the notes and would now be required to decide whether to proceed with the sale. He said documents had been distributed to the Board in final or nearly final form and explained Resolution 82-56 would approve issuance of $6 million promissory notes, would authorize the President to enter into a purchase aqreement with Stone and Youngberg to sell the notes, and approve the Official Statement to be distributed. He noted that the interest rates in the Table on page 3 were incorrect and will have to be corrected. He explained that Resolution 82-57 would approve an agreement with First Interstate Bank to act as paying agent of the notes , adding that use of sub- sidiary paying agents will not be needed. He distributed final versions of the Purchase Agreement. Mr. Huck of Stone and Youngberg summarized the firm' s letter of December 8 to the Board, stating the rates of the offer and that the notes will be rated AAA. He added that the bond market is favorable at this time. He continued that the bonds will be purchased when delivered to Stone and Youngberg on December 16 as now planned. Meeting 82-27 Page three M. Foster noted that net interest cost to the District is 8.8% over the ten years and that total costs to the District included 2i% fees to Stone and Youngberg, bond counsel fees of approximately $6500, Official Statement printing expenses of about $7500, $5000 for printing of the notes , and $5000 for miscellaneous expenses Motion: H. Turner moved the Board adopt Resolution 82-56 of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance and Sale of $6 Million Principal Amount of "Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes" with coupon rates as shown on Purchase Agreement dated December 8, 1982 in Exhibit "A". E. Shelley seconded the motion. The motion passed unanimously. Discussion: T. Kavanaugh protested that the sale of bonds violates Proposi- tion 13 by creating a new tax, and security for the bonds should be the property purchased rather than liens against all property within the District. R. Bishop replied the Board had been advised the transaction is legal . Motion: E. Shelley moved the adoption of Resolution 82-57, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving, Authorizing and Directing the Execution of an Agreement with First Inter- state Bank of California. N. Hanko seconded the motion. Discussion: H. Grench said the agreement distributed to the Board needs to be changed. S. Norton added that Paragraph 5, Page 3, should be deleted from the Agreement since bond counsel , Stone and Youngberg and staff concluded paying agents in New York and Chicago were not needed to market the notes. N. Hanko agreed to the deletion with E. Shelley's concurrence. The motion passed unanimously. K. Duffy requested the Board' s approval to be reimbursed for her mileage expense to San Francisco for signing the notes. Motion: B. Green moved the Board authorize the President to be reimbursed for her round-trip mileage expense to San Francisco. E. Shelley seconded the motion. The motion passed unanimously. President Duffy called a recess of the meeting at 8:20 and reconvened the meeting at 8:40. B. Final Adoption of Use and Management Plan for Rancho San Antonio Open Space Preserve D. Hansen reviewed memorandum M-82-124, dated November 30, 1982 noting the two use and management options. He added that no additional input had been received from the public. Discussion centered on the desirability of keeping the house in public use. Motion: H. Turner moved the Board amend the Use and Management Plan, deleting from the plan the recommendation to remove the structure from the site, and adopt the optional procedure: use or relocation of the structure. Phase 1 : seek proposals by public notice for uses by organizations having goals and uses compatible with those of the District and to direct staff to follow the optional procedure as recommended. N. Hanko seconded the motion. The motion passed unanimously. Motion: N. Hanko moved the Board adopt the Use and Management Plan with the amendment as adopted regarding optional procedure for the upper structure and amendment concerning signing. H. Turner seconded the motion. The motion passed unanimously. Discussion: The Board concurred to request staff come back with a procedure given the adopted Use and Management Plan, begin development of criteria, and proceed with temporary rental . It seemed to be the consensus to appoint a Criteria Committee at the second regular meeting of the Board in January. Meeting 82-27 Page four C. Adoption of Interim Use and Management Plan for Addition to Whittemore Gulch Redwoods Open Space Preserve Former Lands of Rancho Canada de Verde, Inc. D. Hansen reviewed memorandum M-82-118, dated November 19, 1982, noting that no further public input had been received by staff. Motion: R. Bishop moved the Board approve the interim use and management plan, in- cluding the name for the property (contained in report R-8242) for the addition of the Rancho Canada de Verde property to the Whittemore Gulch Redwoods Open Space Preserve and dedicate the property as public open space. H. Turner seconded the motion. The motion passed unanimously. D. Potential Reforestation of Zabel Property Addition to Saratoga Gap Open Space Preserve D. Hansen reviewed memorandum M-82-123, dated November 30, 1982, noting staff recommends no reforestation at present, that the exotic plant species and erosion problems are management priorities for the site. Revegetation would be part of the use and management plan review for the site in one year. Motion: E. Shelley moved the Board accept the staff recommendation contained in memorandum M-82-123. H. Turner seconded the motion. The motion passed unanimously. E. Final Adoption of Policies for Black Mountain Communications Facilities W. Tannenbaum reviewed memorandum M-82-119, dated November 19, 1982, and discussed the amplification of the policy which had been requested by the Board at the Novem- ber 17 meeting. Motion: R. Bishop moved the Board adopt the policy for the Black Mountain communi- cations facilities as set forth in memorandum M-82-119. N. Hanko seconded the motion. Discussion: In response to a question from R. Fisse regarding the use of Monte Bello Road from the Page Mill Road end, C. Britton and H. Grench stated there could be certain parties, such as Pacific Telephone and Telegraph which participate in the Monte Bello Road Maintenance Agreement, or emergency situations, for which it would be appropriate to enter Monte Bello Road from Page Mill Road.and , noted that lessee access would normally be from the southeast end of Monte Bello Road. With E. Shelley and H. Turner abstaining from the vote, the motion passed unanimously. H. Turner stated he had been advised to abstain from the vote because of his association with Stanford University and was doing so reluctantly since he continued to feel he had no conflict of interest in the matter. K. Duffy noted both E. Shelley's and H. Turner's employer leased antenna sites at Black Mountain. F. Plan for Use of New Office Space H. Grench, referring to memorandum M-82-127, dated December 3 , 1982, distributed drawings of the current office space layout and a schematic plan for the new office configuration. He noted the conceptual plan included more working space for mem- bers of the Open Space Management staff, a different location for the reception room, space for a small conference room, and a computer/quiet room. He said the 1982-1983 budget included $4,600 in budgeted funds and $5,400 in contingency funds for the expansion and requested the Board, at this time, authorize the General Manager to spend up to $10,000 on the expansion, noting he would return to the Board if expenditures were going to exceed $10,000. Motion: E. Shelley moved the Board approve the conceptual office space plans and the expenditure of up to $10,000 for implementation. H. Turner seconded the motion. The motion passed unanimously. i Meeting 82-27 Paqe five VIII. NEW BUSINESS WITH ACTION QUESTED V A. Proposed Addition to Manzanita Ridqe Open Space Preserve - Robin Property C. Britton reviewed report R-82-47, dated December 2, 1982, on the District' s opportunity to purchase 33.25 acres of land located south of the Town of Los Gatos and adjacent to the Limekiln Canyon Area of Manzanita Ridge Open Space Preserve. He noted the terms of the purchase agreement called for a payment of $33,250 in cash at the close of escrow and said staff was recommending the property, if purchased, be managed as a natural area. Motion: E. Shelley moved the Board adopt Resolution 82-58, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizinq 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 (Manzanita Ridge Open Space Preserve - Robin Property). H. Turner seconded the motion. The motion passed unanimously. Motion: E. Shelley moved the Board tentatively adopt the interim use and management recommendations, withhold the property from dedication at this time, and tentatively adopt the use of the name Manzanita Ridge Open Space Preserve - Limekiln Canyon Area for the property. H. Turner seconded the motion. The motion passed unanimously. .s Annual Review of Relative Site Emphasis Plan and Use and Management Schedule f. Woods reviewed the proposed revised Plan for Relative Emphasis of District Sites and the proposed use and management plan review schedule as set forth in report R-82-48, dated November 30, 1982. He noted Skyline Ridge Open Space Pre- serve is to be the most emphasized preserve and stated the special signing category for the Monte Bello Open Space Preserve should include an asterisk to designate that the signing was not currently planned but anticipated. He said the Use and Management Plan Review Schedule was for two years, adding the Board was only being requested to approve the schedule for the 1983 calendar year. He discussed the status of the six preserves which were not slated for review in 1983. Motion: B. Green moved the tentative adoption of the Relative Site Emphasis Plan and the use and management plan review schedule for 1983 with final adop- tion to be scheduled for January 12, 1983. K. Duffy seconded the motion. Discussion: Sylvia Ferguson, 707 Continental Circle, Mountain View, expressed her concerns about the parking area at the E1 Sereno Open Space Preserve, and discussion centered on how to address this situation in light of the fact the Preserve was not scheduled for review during the 1983 calendar year. D. Woods noted the E1 Sereno Open Space brochure could be altered and some signing installed to alert Preserve visitors of the parking situation. Motion to Amend: N. Hanko moved to amend the motion to include the review of the E1 Sereno Open Space Preserve during 1983. K. Duffy seconded the motion. Discussion: H. Grench noted the inclusion of a review of the E1 Sereno Open Space Preserve in the 1983 Use and Management Plan Review Schedule would probably dictate moving one of the preserves scheduled for a 1983 review into 1984. The motion to amend passed on the following vote: AYES: K. Duffy, B. Green, N. Hanko, and H. Turner. NOES: E. Shelley and R. Bishop. Motion to Amend: N. Hanko moved the E1 Sereno Open Space Preserve be given a B planning priority on the Plan for Relative Emphasis of District Sites. The motion died for lack of a second. Meeting 82-27 Page six Motion to Amend; H. Turner moved the El Sereno Open Space Preserve be assigned a C 7— p anning priority on the Plan for Relative Emphasis of District Sites. K. Duffy seconded the motion. The motion to amend passed unanimously. The amended motion passed unanimously. There was discussion as to whether parking area construction should be shown as *C for fiscal year 1983-1984, but it was the consensus that it was premature to do so. C. Road Agreement - Fremont Older Open Space Preserve D. Hansen, referring to memorandum M-82-109, dated November 4, 1982, stated the other parties involved had signed the Prospect Road maintenance agreement. Motion: E. Shelley moved the Board authorize the General Manager to sign the road maintenance agreement for the Prospect Road extension on the Fremont Older Open Space Preserve. B. Green seconded the motion. The motion passed unanimously. D. Extension of Three-Quarter Time Status of Public Communications Aide for Rest of Fiscal Year C. MacDonald reviewed memorandum M-82-126, dated December 3, 1982, regarding the extension of the half-time Public Communications Aide position to three-quarter time for the remainder of the fiscal year because of the increased workload being gene- rated in the Public Communications Program by various tenth anniversary activities. Motion: H. Turner moved the Board approve the extension of three-quarter time status for the Public Communications Aide for the rest of the 1982-1983 fiscal year and address the longer-range question of the desired level of activity and staff support for the Public Communications Program when considering the Action Plan for 1983-1984. B. Green seconded the motion. The motion passed unanimously. E. Initial Legislative Program for 1983-1984 Legislative Session H. Grench reviewed memorandum M-82-122 , dated December 1 , 1982, regarding the District's proposed Legislative Program for the 1983-84 State Legislative Session.' He noted the Board was also being requested to approve an approximate 8.9% fee in- crease for California Advocates , Inc. N. Hanko provided an update on the draft legislative program for the East Bay Regional Park District and stated she felt the District should consider sponsoring legislation relating to a mandated review of proposed development on zoning changes within 1 ,000 feet of park boundaries. R. Bishop stated he felt this item should be referred to the Legislative Committee for consideration. Motion: B. Green moved the Board adopt the initial Legislative Program described in the staff report, including priority assignments, for the 1983-84 Legislative Session; adopt the initial responses contained in the report to the EBRPD updated draft legislative program, and authorize the General Manager to provide for an increase in fees to $815 per month to California Advocates, Inc. for the period beginning October 1 , 1982. E. Shelley seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS D.—Hansen announced the District would be having a firewood sale- and discussed the manner in which the sale would be handled this year. Meeting 82-27 Page seven X. CLAIMS Motion: E. Shelley moved the approval of the revised claims C-82-23 , dated December 8, 1982. R. Bishop seconded the motion. The motion passed unanimously. XI. CLOSED SESSION The Board recessed to a Closed Session on land negotiation and litigation matters at 10:56 P.M. XII. ADJOURNMENT The Board reconvened to adjourn at 11 :29 P.M. Jean Fiddes, District Clerk Emma Johnson, Recording Secretary 71 CORRECTIONS TO MINUTES OF December 8, 1982 Wendin questioned the wording "It seemed to be the consensus" in the -ast sentence on page three. K. Duffy, with the consensus of the Board, Stated the sentence should be amended to read "There was a consensus to appoint a Criteria Committee at the second regular meeting of the Board in January if necessary" . Motion: E. Shelley moved the approval of the minutes of December 8, 1982 as amended. B. Green seconded the motion. The motion passed unanimously with D. Wendin abstaining from the vote since he had not attended the meeting.