HomeMy Public PortalAbout19850123 - Minutes - Board of Directors (BOD) Meeting 85-02
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965.4717
REGULAR MEETING
BOARD OF DIRECTORS
JANUARY 23, 1985
MINUTES
I. ROLL CALL
President Harry Turner called the meeting to order at 7 : 38 P.M.
Members Present: Katherine Duffy, Teena Henshaw, Edward Shelley,
Harry Turner and Richard Bishop. Daniel Wendin arrived at 7:50 P.M.
Member Absent: Nonette Hanko.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Charlotte MacDonald, Jean Fiddes, Stanley Norton, Marie McGough, and
Lea Brown.
H. Turner stated that due to N. Hanko' s absence, a Secretary Pro-
Tempore needed to be appointed. T. Henshaw volunteered for the
position, and with the Board' s consent, H. Turner appointed T. Henshaw
Secretary Pro-Tempore for the meeting.
II, APPROVAL OF MINUTES
A) January 9, 1985
Motion: E. Shelley moved the approval of the minutes of
January 9, 1985. T. Henshaw seconded the motion.
The motion passed 5 to 0.
III. WRITTEN COMMUNICATIONS
L. Brown stated the Board had received a written communication dated
January 9, 1985, from the Santa Clara Valley Integrated Environmental
Management Project outlining its recent activities.
IV. ADOPTION OF AGENDA
H. Turner stated the agenda was adopted as presented by Board
consensus.
H. Grench introduced Marie McGough, the District' s new Accounting
Specialist.
V. ORAL COMMUNICATIONS
There were no Oral Communications.
Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
85-02 Page 2
VI. NEW BUSINESS WITH ACTION REQUESTED
A) Approval of Agreement with Stone and Youngberg to Serve as
Managing Underwriter of Negotiable Promissory Notes (Report
R-85-04 of January 15 , 1985)
M. Foster stated that the principal rational for issuing the
long-term notes was to provide extra funds to purchase critical
open space parcels before these lands are lost to development.
He noted that at least $3. 5 million of borrowings are needed
to meet cash flow and reserve requirements during the July-
September 1985 period and discussed the reasons for long-term
borrowing, noting the tax-exempt bond market was currently very
healthy and desirous of new note issues. He stated that he
was in concurrence with the recommendation of Stone & Youngberg
that the District should issue fixed rate debt and that the
new notes would bear an interest rate of approximately
8. 8% including all costs of issuance. M. Foster explained the
reasons he was recommending that the firm of Stone & Youngberg
of San Francisco to manage the note issue, noting that they had
excellently managed the District' s 1977 and 1982 note issues and
that they had submitted an attractive proposal . He stated that,
if the Board authorized staff to take all actions necessary to
arrange the issuance of $4 million of ten year notes, the Board
would need to designate a representative to attend the Due
Diligence Meeting scheduled for January 30. He said the
representative should have the authority to approve the
distribution of the official statement or prospectus for the
note issue .
H. Grench stated that the action being asked of the Board at
this time was not a final commitment to the issuance of the notes.
Motion: R. Bishop moved that the Board authorize the
execution of the proposed underwriting agreement
attached to the staff report with Stone and Youngberg,
authorizing staff to take all actions necessary to
arrange the issuance of $4 million of ten year notes,
and designate a Board member to be a representative
at the Due Diligence meeting on January 30. K. Duffy
seconded the motion.
Discussion: Robert Fisse, Star Rt 2, Box 402 ,
La Honda, and Thomas Kavanuagh, 1729 Spring
Street, Mountain View, questioned the Board about the
fee, guaranteed interest rate , and insurance for the
bonds, the method used to select Stone & Youngberg, and
the portion of the note issue that would go into the
District' s reserves. M. Foster and William Huck from
Stone & Youngberg discussed the purpose of the Due
Diligence meeting, noting that participants would be
examining all documents that would be used in
marketing the notes. The motion passed 6 to 0.
D. Wendin volunteered to attend the Due Diligence meeting on the
Board' s behalf.
85-02 Page 3
Motion: E. Shelley moved that the Board appoint D. Wendin
as the District' s representative at the Due Diligence
meeting to be held on Wednesday, January 30, 1985.
H. Turner seconded the motion. The motion passed
6 to 0.
M. Foster stated the Board' s representative at the Due Diligence
meeting should be authorized to approve the distribution of the
Preliminary Prospectus, noting that such action would not bind
the District to the sale of the notes.
Motion: E. Shelley moved that D. Wendin have the authority to
approve the distribution of the Preliminary Prospectus
at the Due Diligence meeting. K. Duffy seconded the
motion. The motion passed 6 to 0.
B) Renewal of Investment Authority (Memorandum M-85-05 of January 7,
1985T—
M. Foster stated that he was requesting the Board extend his
authority to invest temporary idle funds for another year.
He noted four minor changes had been made in the investment
authority resolution and were discussed in the staff report.
Motion: H. Turner moved that the Board approve Resolution 85-1,
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.
T. Henshaw seconded the motion. The motion was
passed 6 to 0.
H. Turner noted that, since several members of the audience were
interested in agenda items three and six concerning the adoption
of the interim use and management plans for the Clifford and
Barlow additions for the Sierra Azul Open Space Preserve, these
items would be considered next.
VII. OLD BUSINESS WITH ACTION REQUESTED
A) Adoption of Interim Use and Management Plan for Clifford Addition
to Sierra Azul Open Space Preserve (Memorandum M-85-06 of
January 10, 1985 )
D. Hansen stated that to date staff had not received any
comments from the public concerning the property. He noted
that staff was recommending the property be withheld from
dedication. David Billingsly, Box 2 , New Almaden, questioned
the meaning of withholding the property from dedication, and
Rick Estrada, P. 0. Box 153, New Almaden, who owns property
adjacent to the Barlow addition, asked what security
procedures would be taken on the Barlow property and how the
District would keep trespassers off his property. Mr. Estrada
discussed problems concerned with the road accessing the
property and related information concerning illegal activities
that had occurred on the property in the past and his fears that
once the property is opened to the public the problems will
increase. C. Britton explained the difference between dedicated
land and land withheld from dedication, and H. Grench stated
85-02 Page 4
that District Rangers would be patroling the property.
K. Duffy recommended that staff meet with the residents in
the area to discuss their concerns and requested that a list
be circulated among the members of the audience so that they
could be notified of the meeting. Loren McQueen, 26335 Bascom
Avenue, Campbell, questioned how the public would gain access
to the property and asked about the zoning status of the
property. C. Britton stated members of the public would have
to request access permission from adjacent property owners,
and H. Grench said the District' s use of the property as open
space was consistent with the County' s zoning of the property.
Ivor James, Jr. , 2120 Briarwood Drive, San Jose, referring to
his letter of January 7, 1985, which was attached to the report
for the Barlow addition to the Sierra Azul Open Space Preserve,
asked that staff respond to his letter, stated that a public
meeting with the neighbors in the area would be appropriate
and discussed the status of Loma Almaden Road which he stated
was a non-public road maintained by the local property owners
and Air Force personnel who use the road. C. Britton stated,
in response to Mr. James ' comments, that staff research on the
road was not yet complete and that the District was not in-
viting the public to use the road. In response to a member of
the audience who suggested the property owners gate the road to
prevent use by the general public, C. Britton stated that such
action would not create a problem at this time for the District
as long as District staff could pass through and as long as all
the property owners using the road were in agreement.
Motion: R. Bishop moved that the Board adopt the interim use and
management plan for the Clifford property as contained in
the staff report and withhold the property from dedica-
tion. T. Henshaw seconded the motion.
Discussion: In response to a question from Mr. James , the
members of the Board explained the purpose of the interim
use and management plan. The motion passed 6 to 0.
B) Adoption of Interim Use and Management Plan for Barlow Addition
to Sierra Azul Open Space Preserve (Memorandum M-85-09 of
January 10, 1985)
D. Hansen stated that public comments had been received during
the previous agenda item for the Barlow property addition. He
stated staff was recommending the adoption of the interim use
and management plan and the withholding of the property from
dedication at this time. He noted that the letter from
Mr. James concerning this property had been received by staff.
Motion: R. Bishop moved that the Board adopt the interim use
and management plan for the Barlow property addition
as contained in the staff report and withhold the
property from dedication. T. Henshaw seconded the
motion. The motion passed 6 to 0.
D. Wendin thanked the members of the audience for raising the
Board' s consciousness regarding the Sierra Azul Open Space
85-02 Page 5
Preserve neighborhood concerns and stated that he hoped the
lines of communications opened during the meeting would
continue in the future. K. Duffy reiterated that a public
meeting with the neighbors in the area should be held prior
to the Sierra Azul Open Space Preserve Use and Management
Plan review that D. Hansen stated was scheduled for April.
C) Adoption of the Interim Use and Management Plan for Westbay
Community Associates Addition to San Mateo County Baylands
Reserve (Memorandum M-85-8 of January 10, 1985)
D. Hansen said that since the adoption of the interim use and
management recommendations for the subject property there had
been no public comment.
Motion: R. Bishop moved that the Board adopt the interim
use and management plan as contained in the staff
report R-84-47 for the Westbay Community Associates
property addition to the San Mateo County Baylands
Reserve and dedicate the property as public open
space. E. Shelley seconded the motion. The motion
passed 6 to 0.
D) Adoption of Interim Use and Management Plan for Martin Addition
to Windy Hill Open Space Preserve (Memorandum M-85-7 of
January 10, 1985)
D. Hansen said that since the adoption of the interim use and
management recommendations for the former Martin property, no
public comments had been received.
Motion: R. Bishop moved that the Board adopt the interim
use and management plan for the Martin property as
contained in the staff report R-84-54 and that the
property be dedicated as public open space. E. Shelley
seconded the motion. The motion passed 6 to 0.
E) 1985 Appointment of Board Committees (Report R-85-01 of
December 21, 1984 and Memorandum M-85-12 of January 14 , 1985)
H. Turner introduced the report and recommended that the following
committees be disbanded: Rancho San Antonio Open Space Preserve
Proposal Criteria Formulation Committee; Skyline Ridge Open
Space Preserve Proposal Evaluation Committee; Skyline Ridge
Open Space Preserve Master Plan Coordinating Committee; Fremont
Older Open Space Preserve Riding Ring Committee; and Cupertino
Liaison Committee.
Motion: E. Shelley moved that the Board disband the committees
listed in the third recommendation of ReportR-85-01
T. Henshaw seconded the motion. The motion passed
6 to 0.
H. Turner stated, with the Board' s concurrence, that Directors
Duffy, Henshaw, and Shelley would serve on the Budget Committee
and that Directors Bishop, Wendin, and Hanko would serve on the
Legislative Committee. He stated that the membership of the
following ad hoc committees would remain the same: Dog
85-02 Page 6
Committee; Office Space Committee, Public Transportation
Committee; Thornewood Restoration Review Committee;
Picchetti Winery Restoration Review Committee; and Santa
Clara County Parks Liaison Committee.
Motion: E. Shelley moved that the Board concur with the
President' s recommendations on the appointment of
Board committees. H. Turner seconded the motion.
The motion passed 6 to 0.
In response to a question from Thomas Kavanaugh, 1726 Spring
Street, Mountain View, H. Turner stated that standing committee
meetings are publicly noticed and that ad hoc committees
determine the proper type of public notification, if any, that
should occur for respective ad hoc committee meetings. He
noted that the ad hoc committees generally were also noticed
in advance to the public.
VIII. NEW BUSINESS WITH ACTION REQUESTED
A) Implementation of SB 2216 (Reports R-85-05 of January 16 , 1985
and R-85-06 of January 17, 1985)
S. Norton reviewed his portion of the staff report noting that
Section 54956 . 8 of the Brown Act related to land negotiations and
the type of notification necessary prior to the Board being able
to discuss certain property or properties with its negotiators
in Closed Session. He stated that Section 54956 . 9 of the
Brown Act codified the attorney-client privilege since it
authorized closed sessions for a local agency to discuss
pending litigation with legal counsel. Referring to the
December 13, 1984 letter from Senator Barry Keene, S. Norton
stated that Senator Keene had indicated that the method proposed
by staff to implement the Brown Act was in accordance with his
intent of the Brown Act amendments. S. Norton stated that prior
to holding a closed session dealing with pending litigation,
he would state for the Board which subdivision of the Brown
Act applies and would identify any applicable existing litigation.
He noted that implicit in the holding of a closed session under
section 54956. 9 is the view of legal counsel that a discussion
in open session would prejudice the position of the local
agency in the pending litigation or in attempts at settlement.
H. Grench reviewed the Brown Act implementation method for
closed session discussions of land negotiations being proposed
by staff, noting that an overlay on which parcels would be
designated would be prepared for the District' s Master Plan.
He noted the parcels would cover the planning area on the Master
Plan map as well as the three places where the District' s
Sphere of Influence encompasses areas somewhat beyond the
District's boundaries. He stated that the parcels would be
numbered and keyed to a list of property owners. He emphasized
that since the parcel map and listing was not an acquisition
plan, no discrimination or judgments would be made as to which
parcels would be included or excluded except for exclusion of
obvious pockets of "dense" development. He noted that if the
Board later wished to discuss a parcel not on the listing, the
85-02 Page 7
parcel would have to be noted in open public meeting first
unless it fell under some litigation-related exception.
He noted that the initial map and listing would be somewhat
incomplete since there was so much detailed map work to be
completed and said that a few months after initial adoption,
the map and listing could be refined.
S. Norton emphasized that he wanted to make it clear to the
members of the public that the overlay and listing did not
consitiute an acquisition plan and was not an indication of
the Board, staff, or the District of an intent to acquire
any or all of the parcels shown on the overlay. He added
that the overlay and listing was not a threat of condemnation
to property owners .
D. Wendin stated that he felt the Board had been following the
the intent of Senator Keene' s amendments and that there was
nothing in the proposed procedure that was a substantive
change in current procedure.
Harry Haeussler, 1094 Highland Circle, Los Altos , stated that
he felt the blanket listing of parcels did not meet the
requirements of the Brown Act and asked when the public would
be able to see the minutes from Closed Sessions. S. Norton
responded that no minutes were taken during a Closed Session.
Henry Johnson of San Carlos questioned whether documents became
public information after a litigation matter was settled. He
suggested that the Board notify the public in open sessions
of what it was planning to consider in closed session.
Thortias Kavanuagh stated that he felt the public should be given
more information as to what negotiation matters were going to
be discussed on a closed session.
Mary Johnson o� San Carlos questioned whether the District was
meeting the requirements of the Brown Act concerning timely
and public announcements of negotiation matters. She suggested
that properties on the listing be indexed by name and that the
information be available t-hroughout the Counties, noting the
public libraries could be utilized as distribution centers for
information.
H. Grench and members of the Board discussed the need to
maintain a degree of confidentiality when negotiating for
the acquisition of a property. H. Grench added that the
seller' s right of privacy needed to be respected.
Motion: D. Wendin moved that the Board direct Legal Counsel
to prepare a resolution and the General Manager to
prepare a map and listing to implement the procedure
proposed in the staff report and to return these
documents to the Board on a February agenda for
further consideration. T. Henshaw seconded the motion.
Discussion: Robert Fisse suggested that assessor' s parcel
numbers be used to identify the parcels and that the
85-02 Page 8
newsletter include information about the overlay and
the listing. The motion passed 6 to 0.
The Board recessed for a break at 9 :55 P.M. and reconvened
for the public meeting at 10:05 P.M.
B) Program Evaluation for 1984-1985 and Setting of Priorities
for 1985-1986 (Report R-85-3 of January 11, 1985)
H. Grench stated the main purpose of the report was to
review progress since July I on the key projects and
activities given in the 1984-1985 Action Plan for each
of the District' s programs and subprograms, and to present
key projects and activities for the coming fiscal year.
C. Britton, D. Hansen, C. MacDonald and H. Grench reviewed
changes in Key Projects and Activities proposed for their
respective programs and subprograms. In response to a
question from E. Shelley, D. Hansen reported that staff was
on schedule for projects called for in Use and Management
Plans, but said the new trail at Rancho San Antonio Open
Space Preserve may be deferred at least until the trail
conflicts were resolved.
H. Grench discussed the more succinct method of presenting
material for the Program Evaluation Report and asked whether
the Board preferred it. R. Bishop stated he preferred the
new abbreviated method, and Board members concurred with his
statement.
Motion: K. Duffy moved that the Board accept the program
evaluation for the first part of fiscal year 1984-1985
and tentatively adopt the key projects and activities
for 1985-1986 . H. Turner seconded the motion.
The motion passed 6 to 0.
C) Proposed Annexation of Lands in Which District Holds Interest
(Memorandum M-85-13 of January 16 , 1985)
H. Grench discussed the request to begin annexation proceedings
for certain District parcels in San Mateo County that the
District either has title to in fee or in easement or has
other rights. He stated that all the parcels were within the
District' s Sphere of Influence and that of the 471 acres
proposed for annexation, 341 acres are held in fee by the
District and 81 acres will be held open space and trail easements.
He said that the four property owners between the existing
District boundaries and the properties proposed for annexation
had been contacted and they did not wish to have their property
annexed to the District.
Motion: E. Shelley moved that the Board adopt Resolution 85-2 ,
a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Requesting
Initiation of Annexation Procedures by the Santa Clara
County Local Agency Formation Commission. T. Henshaw
seconded the motion. The motion passed 6 to 0.
85-02 Page 9
D) Request to Attend Special District Management Institute
(Memorandum M-85-11 of January 11, 1985)
T. Henshaw requested that she be permitted to attend at
the District's expense the Special District Board Management
Institute to be held in Ventura on February 22 , 23 and 24,1985 .
Motion: D. Wendin moved that the Board approve Director
Henshaw' s request to attend the Special District
Board Management Institute and authorize her expenses
for travel, lodging, and for meals not provided by
the Institute. H. Turner seconded the motion. The
motion passed 6 to 0.
E) Revision of Authorized Signatories for District Accounts and
Safe Deposit Boxes (Memorandum M-85-10 of January 10, 1985)
J. Fiddes stated it was necessary to change authorized signatory
forms because of the change of Board officers.
Motion: K. Duffy moved adoption of Resolution 85-3, a
Resolution of the Board of Directors of the Mid-
peninsula Regional Open Space District Establishing
Financial Instrument Signatories of the District
for Santa Clara County Accounts . E. Shelley seconded
the motion. The motion passed 6 to 0.
Motion: K. Duffy moved adoption of Resolution 84-4 , a
Resolution of the Board of Directors of the Mid-
peninsula Regional Open Space District Approving
Certificate of Authority of Officers (First Interstate
Bank of California) . E. Shelley seconded the motion.
The motion passed 6 to 0.
Motion: K. Duffy moved adoption of Resolution 84-5, a
Resolution of the Board of Directors of the Mid-
peninsula Regional Open Space District Authorizing
Signing and Endorsing Checks and Other Instruments for
Savings Account (First Interstate Bank of California -
Los Altos) . E. Shelley seconded the motion. The
motion passed 6 to 0.
Motion: K. Duffy moved adoption of Resolution 84-6 , a
Resolution of the Board of Directors of the Mid-
peninsula Regional Open Space District Authorizing
Endorsing Checks and Other Instruments for Checking
Account (First Interstate Bank of California - Los Altos) .
E. Shelley seconded the motion. The motion passed 6 to 0.
Motion : K. Duffy moved adoption of Resolution 84-7, a
Resolution of the Board of Directors of the Mid-
peninsula Regional Open Space District Establishing
Signatories for Entering Safe Deposit Boxes (First
Interstate Bank of California - Los Altos) . E. Shelley
seconded the motion. The motion passed 6 to 0.
IV. INFORMATIONAL REPORTS
H. Grench stated he had been discussing possible dates with
Paul Scannell for a joint meeting of the Board and the San
Mateo County Board of Supervisors. He said the meeting is
85-02 Page 10
proposed to be a land tour. After polling the Board,
the dates of April 16 and 23 were selected as most
feasible.
D. Hansen showed the Board the Volunteer Citation Award
plaques presented to Jane Ames and the District' s Docent
Program by District IV of the California Parks and Recreation
Society.
K. Duffy questioned whether a response had been sent for the
January 4 letter from Robert Marks of the Governmental
Research Council. Discussion centered on the form of the
response, and staff was directed to prepare a response to
the letter, a draft of which would first be reviewed by
Directors Turner and Bishop before it was sent by the
General Manager.
R. Bishop stated he and H. Turner had recently met with
Thomas Nolan, the new San Mateo County Supervisor.
S. Norton announced that litigation matters to be discussed
during Closed Session fell under subdivisions b-1 and c
of Government Code Section 54956. 9.
X. CLAIMS
Motion: E. Shelley moved approval of the revised claims 85-02
of January 23, 1985. K. Duffy seconded the motion.
The motion passed 6 to 0.
XI. CLOSED SESSION
The Board adjourned to Closed Session on litigation and
personnel matters at 10 :50 P.M.
XII.ADJOURNMENT
The Board reconvened to adjourn at 11 :10 P.M.
Lea Brown, Secretary
Jean H. Fiddes, District Clerk