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HomeMy Public PortalAbout19850123 - Minutes - Board of Directors (BOD) Meeting 85-02 ,4%4 oe 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