HomeMy Public PortalAbout19850213 - Minutes - Board of Directors (BOD) Meeting 85-03
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
February 13 , 1985
MINUTES
I . ROLL CALL
President Harry Turner called the meeting to order at 7 :35 P.M.
Members Present: Katherine Duffy, Teena Henshaw, Edward Shelley, Nonette
Hanko, Harry Turner, and Richard Bishop.
Member Absent: Daniel Wendin.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte
MacDonald, Stanley Norton, Michael Foster, Jean Fiddes, Del Woods, James
Boland, William Tannenbaum, Alice Cummings , and Doris Smith.
II . WRITTEN COMMUNICATIONS
D. Smith stated that the Board had received the following communications:
1) a letter, dated February 6 , 1985 , from William Obermayer, 22400
Skyline Boulevard, Box 22, La Honda, expressing his opinion that the
area above Horseshoe Lake on the Skyline Ridge Preserve is an inappro-
priate location for a parking lot;
2) a letter, dated February 8 , 1985 , from David J. and Monica Rowcliffe,
51 Avalon Drive, Los Altos, stating their support of the experimental
dog program currently being conducted by the District;
3) a letter, dated February 8 , 1985 , from the San Mateo County Develop-
ment Association, Inc. , 4 West Fourth Avenue, San Mateo, urging the
Board of Directors to meet with the San Mateo County Board of Super-
visors and the Hassler Coalition and its mediator, William Penn Mott,
to negotiate a settlement of the lawsuit between the Hassler Coalition
and the District;
4) a letter, dated January 23 , 1985 , from Walter H. and Norma E. Vielbaum,
1516 La Mesa Drive, Burlingame, stating their opposition to the
District's securing any right of way through their property; and
5) a phone call to the District office from Carol Gottlieb, 24290 Summer-
hill Avenue, Los Altos , stating her support for the stable operation
at Rancho San Antonio.
H. Turner referred the letters to staff and added that a reply to the
San Mateo County Development Association be deferred until the Board
received a status report on the Hassler litigation.
III . ADOPTION OF AGENDA
H. Grench requested that, due to the length of the agenda and the Closed
Session, an Item 16 be added to the agenda regarding the possibility of
continuing the Regular Meeting . He noted that Item 13 , Initial Legisla-
tive Program for 1985-1986 could be deferred to the next meeting . H.
Turner stated that the Board would proceed with the agenda as modified.
Herbert A,Grench,General Manage, Bad of Directors:Katherine Dully,Nonelle G,Hanlo,Teena Henslaw,Richard S.Bishop,Edward G,Shelley,H.,,y A.Turner,Daniel G.Wendin
85-03 Page 2
IV. SPECIAL ORDERS OF THE DAY (Memorandum M-85-15 of February 5, 1985)
H. Turner requested that the Board accept his resignation as Presi-
dent because of personal reasons. The Board decided to consider
H. Turner 's request and the election of his successor at the next
Board meeting.
V. OLD BUSINESS WITH ACTION REQUESTED
A) Sale of 1985 Midpeninsula Regional Open Space District Promissory
Notes (Memorandum M-85-18 of February 5 , 1985)
M. Foster reported that Standard and Poors had given the District
an A+ rating and that the notes would carry an all-inclusive bond
rating of 8 . 48% with a 7 . 47% average yield. M. Foster noted that
the first interest payment for the note issue would be payable on
June 15 , 1985 . H. Grench stated this change and the interest rates
would be incorporated into the resolution in accordance with the
Purchase Agreement. He said that the closing date would be
March 5 , 1985 , and that the agenda item relating to the designation
of First Interstate Bank as paying agent for the note issue would
have to be considered at the Board 's next meeting since the agree-
ment was not available.
Motion: K. Duffy moved the adoption of Resolution 85-08 , a Reso-
lution of the Board of Directors of the Midpeninsula
Regional Space District Providing for the Issuance and
Sale of $4 ,000 ,000 Principal Amount of "Midpeninsula
Regional Open Space District 1985 Promissory Notes" .
E. Shelley seconded the motion.
Discussion: T. Kavanaugh, 1726 Spring Street, Mountain
View, asked what other uses were inferred by the phrase
"lands and facilities" in paragraph 1 of the Resolution
and E. Shelley replied that "lands and facilities" refer-
red only to those structures that might be on a property
at the time of purchase.
The motion passed 6 to 0 .
Motion: K. Duffy moved that the Resolution of the Board of Direc-
tors of Midpeninsula Regional Open Space District Approv-
ing, Authorizing and Directing the Execution of an Agree-
ment with First Interstate Bank of California be continued
to another meeting. N. Hanko seconded the motion. The
motion passed 6 to 0 .
M. Foster stated the Board would have to approve the
Official Statement for the note issue at their next
meeting.
B) Final Adoption of Interim Use and Management Plan for the Hybl
Property Addition to Coal Creek Open Space Preserve (Memorandum
M-85-19 of February 7 , 1985)
D. Hansen reported that no public comment had been received by
staff regarding the Hybl property addition to Coal Creek Open
Space Preserve.
Motion: E. Shelley moved the adoption of the use and management
plan as contained in reports R-84-53 and R-84-05 for the
Hybl property addition to Coal Creek Open Space Preserve.
R. Bishop seconded the motion. The motion passed 6 to 0 .
85-03 Page 4
which she has been unable to provide due to the tenuous nature of
her lease, which is on a 30-day basis. She said income during the
second half of 1984 was $7300 less than in the first six months ,
and that her expenses were increased due to higher rent, insurance
requirements , and manure removal . She said she is unable to spend
more money on the improvement of the stable unless her request
for a long-term lease is met. She added that people will not board
their horses unless there is a long-term lease.
K. Duffy stated her concerns about environmental problems and the
conflict with users on the preserve. She said she would be willing
to support a 3 year lease with a review in 2 years if the present
stable could be cleaned and fixed up, kept neat, and provide com-
patible operation.
N. Hanko stated that Mrs. Fike should be given some guarantee to
continue the stable operation for 2 to 3 years and be given an
opportunity to meet the requirements set for the property. She
suggested that this be an open-ended agreement so that Mrs. Fike
could continue to lease the property beyond the time frame if
lease conditions were met. She stated the need to work with the
County and suggested that the Board Liaison Committee meet with
the County Park and Recreation Commission and County Supervisor
Diane McKenna.
E. Shelley stated that the present stable site is not suitable for
a long-term stable operation. He said that to be feasible, a first
class operation would need expansion and the current site cannot
tolerate expansion.
Motion: E. Shelley moved that the Board adopt Alternative A from
the staff report and asked that the committee report to
the Board in 6 months during which time a status quo would
be maintained at High Meadow Stable. The motion was
seconded by N. Hanko.
Discussion: K. Duffy said that the Board needs to give
Mrs . Fike some definite time frames and not leave her
dangling. E. Shelley stated it is not the District' s re-
sponsibility to see that Mrs . Fike 's business continues .
She has had a 30-day lease for several years and another
six months would not make significant difference. Mrs.
Fike responded by saying that boarders will not move in
unless they can be assured of leaving their horses for
more than six months . N. Hanko urged the Board to support
E. Shelley 's motion. E. Shelley stated that he could not
support a 2-year lease without a decision to phase-out
the operation. He said the Board should define if this
is to be an interim or permanent solution. K. Duffy
stated her opposition to the motion. She felt there is a
need to keep the stable operation going if the environ-
mental concerns can be resolved.
The motion passed on the following vote:
Ayes : T. Henshaw, E. Shelley, N. Hanko, H. Turner and
R. Bishop.
No: K. Duffy.
Motion: R. Bishop moved that the Board negotiate with Beverly Fike
for a 2-year lease and make a determination at the end of
the 2-year period if the lease should be renewed. H. Tur-
ner seconded the motion.
85-03 Page 3
Motion: E. Shelley moved that the Hybl property addition to
Coal Creek Open Space Preserve be dedicated as public
open space. R. Bishop seconded the motion. The motion
passed 6 to 0 .
C) Results of Stable Study for Rancho San Antonio Open Space Preserve
(Report R-85-15 of February 8 , 1985)
D. Hansen introduced the staff report concerning the results of the
study done by staff on the feasibility of a stable operation at
Rancho San Antonio Open Space Preserve. D. Woods presented slides
showing the present stable site and possible alternative site loca-
tions . He also summarized Table I , the analysis of alternative
stable sites. D. Hansen stated that the firm of Greig and Asso-
ciates was contacted to better understand the economic considera-
tions for a stable operation. He said that their report indicated
that stable operations are generally marginally profitable and
usually require outside subsidization and added that a more detailed
economic study would require the expenditure of approximately $5 ,000 .
D. Hansen stated that the current tenant is generally in compliance
with the lease agreement, but he noted that a problem still exists
with mounds of manure on the site that have not been removed.
N. Hanko asked if a water tank would be required if the stable were
not there. D. Hansen said this is doubtful because the main concern
would be a structural fire in the area.
T. Henshaw stated her objections to continuing the stable operation
in the current location due to environmental concerns. She urged
that the discussion be kept in line with environmental issues .
E. Shelley stated that he had a problem with a 3-year lease period
and noted that he would prefer a motion in keeping with Alterna-
tive A of staff 's recommendation to work with the Santa Clara County
Parks Commission to pursue an alternative site but with some time
scale, perhaps 6 to 12 months.
R. Bishop stated that the current operation poses visual and envi-
ronmental problems , but noted that the present site is more favor-
able than the alternate sites listed as long as it meets health
and fire requirements. He stated his objection to the District' s
subsidizing a stable operation.
Harry Haeussler, 1094 Highland Circle, Los Altos , said he is in
sympathy with both sides of the issue. He said he thought a stable
operation would be environmentally wrong anywhere on the preserve,
but noted the need for a stable in the area. He asked that the
Board give the stable operation a chance, and said he did not feel
it proper for the District to try to get the County to assume
responsibility for a stable.
The following individuals spoke in favor of the current High Mea-
dow Stable operation: Robin Marks , P.O. Box 413 , Los Altos; Char-
les Touchatt, P.O. Box 254 , Redwood City; Joyce Besser-Anderson,
11491 Old Ranch Road, Los Altos Hills; Brian Cilker, 942 Aster
Court, Sunnyvale; Bob Stutz , 25310 Elena Road, Los Altos Hills;
Chris Smith, Sunnyvale; Colin Teeter, Los Altos Hills; William
Obermayer, Portola Heights, and J. Carmen Kennedy, Cupertino.
Beverly Fike, 23170 Ravensbury Avenue, Los Altos Hills, the current
lessee of the stable operation, stated that boarders need stability
85-03 Page 5
Discussion: R. Bishop stated the Board would not be
making a decision at this time to phase out the operation
but will consider this option at the end of the 2 year
period. T. Henshaw and E. Shelley stated their opposition
to this motion since the motion indicates the stable oper-
ation might continue.
Motion to Amend: K. Duffy moved to amend R. Bishop ' s motion
to extend the lease one more year with the stipulation
that after two years a final decision would be made on
whether or not to phase out the stable operation.
N. Hanko seconded the motion.
Discussion: T. Henshaw and E. Shelley spoke against tne
amendment since it continued to imply that the stable
operation might continue after the two year period.
The motion passed on the following vote:
Ayes : K. Duffy, N. Hanko, H. Turner, and R. Bishop.
Noes : T. Henshaw and E. Shelley.
The amended motion passed on the following vote:
Ayes : K. Duffy, N. Hanko, H. Turner, and R. Bishop.
Noes: T. Henshaw and E. Shelley.
The Board recessed for a break at 10 : 00 P.M. and reconvened for
the public meeting at 10 :10 P.M. Due to the lateness of the hour,
H. Turner stated, with the Board 's consent, that Item 14 Approval
of Monte Bello Open Space Preserve Communications Sublease by Gill
Industries would be considered next since there were representatives
from Gill Industries present in the audience.
VI . NEW BUSINESS WITH ACTION REQUESTED
A) Approval of Monte Bello Open Space Preserve Communications
Sublease by Gill Industries (Report R-85-07 of February 4 , 1-985)
W. Tannenbaum reviewed the terms of the sublease, noting the sub-
lessee, Communication Systems and Electronics Company, would install
seven antennae on the existing Gill Industries tower. He said that
no new microwave, satellite dishes , nor new supporting structures
would be installed. He noted that for the privilege of being per-
mitted to sublease, Gill Industries would be charged additional
rent in the amount of 25% of the Fixed Minimum Rent called for in
the Master Lease.
Motion: N. Hanko moved that the Board approve Resolution 85-9 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Ground Commu-
nications Systems and Electronics Company (Monte Bello
Open Space Preserve - Black Mountain) . R. Bishop seconded
the motion. The motion passed 6 to 0 .
VII . OLD BUSINESS WITH ACTION REQUESTED, continued
D) Proposed Procedure for Implementation of Brown Act Amendments
Regarding Land Negotiations (Report R-85-10 of February 10 , 1985)
H. Grench explained the method staff was proposing to comply with
the section of SB 2216 regarding closed session discussions of
land negotiations . He stated that Legal Counsel had prepared a
resolution for Board consideration and that staff had prepared a
parcel map overlay for the Master Plan and a listing of property
owners corresponding to the parcels shown on the overlay. He
85-03 Page 6
reiterated that the map and list did not represent parcels the
District intended to acquire; rather, they represented no more
than a compilation of parcels that could properly be discussed in
closed session. H. Grench stated that it was critical to review
the criteria listed in the Master Plan when reviewing the overlay
and listing and said that parcels would continue to be evaluated
in terms of the Master Plan criteria.
S. Norton stated the listing was not a "wish list" of parcels that
the District intended to acquire, explained that all decisions to
acquire land are made in open public sessions , and noted that emi-
nent domain discussions are allowed by a different section of the
law.
The following individuals expressed their opposition to the manner
in which the District was planning to comply with the requirements
of the Brown Act: Mr. and Mrs . Leonard Korinek of Portola Heights
Park; Harry Haeussler; Richard Bullis , Quinta Ranch, Star Route 2 ,
Box 310 , La Honda; Mr. and Mrs . Charles Touchatt of Portola Heights
Park; Thomas Kavanaugh, 1728 Spring Street, Mountain View; Carol
Doose of Portola Heights Park, and William Obermayer, 22400 Skyline
Boulevard, La Honda. Mr. and Mrs . Korinec , Mr. and Mrs. Touchatt,
and Mr. Obermayer requested that their names be removed from the
parcel listing since they did not want the Board and staff to be
able to discuss their property in closed session. H. Grench stated
that staff would be returning in a few months with a more refined
version of the map. He discussed the need to maintain property
owners ' confidentiality during the negotiation process and stated
it was not accurate to characterize the overlay and listing as a
"hit list" since they do not represent a list of parcels the Dis-
trict intends to acquire.
Motion: R. Bishop moved that the Board approve Resolution 85-10
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving Overlay to District
Master Plan Dated February 13 , 1985 , in Conformity With
Government Code Section 54956 . 8 (S.B. 2216 -- Chapter
1126 of 1984) . E. Shelley seconded the motion.
Discussion: E. Shelley stated the Board needed to discuss
the matter of excluding individuals ' names from the list
if they requested their names be removed. He said that if
such a thing were to be allowed the Board should have a
policy for implementing it and said he would oppose any
policy that included removing names on a one by one basis .
R. Bishop stated the Board should not make any snap deci-
sions regarding such a policy, and N. Hanko suggested the
Legislative Committee discuss the matter to see if the
law could be changed to handle the problems of removing
names from the listing.
The motion passed 6 to 0 .
Due to the lateness of the hour, H. Turner requested that the
Board next consider Item 16 , Possible Continued Meeting.
VIII. NEW BUSINESS WITH ACTION REQUESTED, continued
B) Possible Continued Meeting
H. Grench stated he had introduced the possibility of continuing
the meeting because of its heavy agenda and the need for a long
85-03 Page 7
Closed Session to discuss the Hassler litigation matter. He said
the following agenda items could be continued: Item 2b - Resolu-
tion Approving, Authorizing and Directing the Execution of an Agree-
ment with First Interstate Bank of California; Item 6 - Resolution
Endorsing Goals of South Bay Wetlands Coalition; Item 7 - Interim
Report on Search for Permanent District Office Headquarters;
Item 10 - The Experimental Dog Program; and Item 13 - Initial Legis-
lative Program for 1985-1986 . He recommended that the item on the
Experimental Dog Program be continued to the February 27 Regular
Meeting.
Motion: R. Bishop moved that the Meeting of February 13 be contin-
ued to Wednesday, February 20 beginning at 7 : 30 P.M. at
the District office for the consideration of the following
agenda items : Consideration of H. Turner' s Resignation
as Board President and Election of a New President; Resol-
ution Approving Agreement with First Interstate Bank of
California and Approval of the Official Statement; Resolu-
tion Endorsing Goals of the South Bay Wetlands Coalition;
Interim Report on Search for Permanent District Office
Headquarters; Initial Legislative Program for 1985-1986;
and Closed Session on Land Negotiation and Litigation
Matters. N. Hanko seconded the motion. The motion passed
6 to 0 .
Motion: E. Shelley moved that the Board reagendize the Experi-
mental Dog Program item to the next Regular Meeting. N.
Hanko seconded the motion. The motion passed 6 to 0 .
C) Appointment of Peace Officer (Memorandum M-85-20 of
February 13 , 1985)
D. Hansen reported that Ranger Ellis Wallace had completed the nec-
essary courses required under the Penal Code to become a District
peace officer.
Motion: K. Duffy moved that the Board adopt Resolution 85-11 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Appointing Peace Officer.
E. Shelley seconded the motion. The motion passed 6 to 0 .
D) Transfer of Development Rights for a Portion of Long Ridge Open
Space Preserve to Jikoji (Report R-85-11 of February 7 , 1985)
C. Britton stated that during Jikoji ' s use permit process , Santa
Cruz County had required that the development density of all the
former lands of Bodhi be dedicated to the Jikoji facility. He
noted that the use of these density rights by Jikoji is consistent
with the original agreements and recorded restrictions made between
the District and Jikoji and that the site is cleaned up and ready
for the implementation of retreat facility plans .
Motion: K. Duffy moved that the Board approve Resolution 85-12, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving and Authorizing
Officer to Execute a Deed Conveying Development Density
Rights to Jikoji and Authorizing General Manager to Exe-
cute Any and All Other Documents Necessary or Appropriate
to Closing of the Transaction (Long Ridge Open Space
Preserve) . E. Shelley seconded the motion. The motion
passed 6 to 0 .
85-03 Page 8
E) Proposed Addition to Sierra Azul Open Space Preserve - Mt. Umunhum
Area (Lands of Stour Investments, Inc. ) (Report R-85-09 of
February 6 , 1985)
W. Tannenbaum discussed the proposed acquisition of the 65 acre
parcel located east of Highway 17 within unincorporated Santa Clara
County. He noted the property adjoins the eastern boundary of the
District's existing Mt. Umunhum Area of the Sierra Azul Open Space
Preserve and reported that the terms of the purchase agreement call
for an all cash payment of $58 ,000 at the close of escrow. He
stated that escrow for this purchase would also include the convey-
ance of certain water rights by the District to Mr. Robert W. Bar-
low, an owner of property contiguous to the acquisition, who had
requested and staff had agreed, during the sale of other property
to the District, that his unrecorded but prescriptive water rights
in the Stour Investments property be formally recognized in the
event the property was acquired by the District. D. Hansen review-
ed the proposed interim use and management recommendations for the
site, stated the property should become an addition to the Mt.
Umunhum Area of the Sierra Azul Open Space Preserve, and said staff
was proposing the property be withheld from dedication at this time
to allow for future transfer of development rights or other prop-
erty rights or to allow for trade if advisable.
Motion: E. Shelley moved the adoption of Resolution 85-13, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Grant to District, and Authorizing General Manager to
Execute Any and All Other Documents Necessary or Appro-
priate to Closing of the Transaction (Sierra Azul Open
Space Preserve - Stour Investments , Inc . Property) .
R. Bishop seconded the motion. The motion passed 6 to 0 .
Motion: E. Shelley moved the adoption of Resolution 85-14 , a Res-
olution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving and Authorizing
Officer to Execute an Easement Deed in Favor of Robert W.
Barlow and Authorizing General Manager to Execute Any and
All Other Documents Necessary or Appropriate to Closing
of the Transaction (Sierra Azul Open Space Preserve -
Stour Investments, Inc . Property) . R. Bishop seconded the
motion. The motion passed 6 to 0 .
Motion: E. Shelley moved that the Board tentatively adopt the in-
terim use and management recommendations contained in the
report, including the naming of the property as part of
the Mt. Umunhum Area of the Sierra Azul Open Space Pre-
serve, and that the Board indicate its intention to with-
hold the property from dedication. R. Bishop seconded the
motion. The motion passed 6 to 0 .
F) Proposed Land and Water Conservation Fund Applications
(Report R-85-12 of February 7 , 1985)
C . Britton reviewed the portion of the report concerning the Coal
Creek Open Space Preserve Addition, noting the project involved
the acquisition of two parcels owned by the Peninsula Open Space
Trust. He said the first parcel , an addition to Coal Creek Open
Space Preserve, would be purchased on a bargain basis with grant
funds, and the second parcel, an addition to La Honda Creek Open
Space Preserve , would be received as part of the matching gift.
85-03 Page 9
D. Hansen reviewed the Purisima Creek Redwoods Open Space Preserve
Public Access project application, and in response to a question
from N. Hanko explained that one of the trails on the map was a
destination trail to a redwood grove .
T. Kavanaugh stated he felt grant funds should not be used to
acquire land from the Peninsula Open Space Trust.
Motion: K. Duffy moved that the Board adopt Resolution 85-15, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Application for
Land and Water Conservation Funds for the Purisima Creek
Redwoods Open Space Preserve Public Access Project. N.
Hanko seconded the motion. The motion passed 6 to 0 .
Motion: K. Duffy moved that the Board adopt Resolution 85-16 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Application for
Land and Water Conservation Funds for the Coal Creek Open
Space Preserve Addition Acquisition Project. N. Hanko
seconded the motion. The motion passed 6 to 0 .
G) Conversion of Public Communications Coordinator from Three-Quarters
to Full-Time Basis (Memorandum M-85-21 of February 7 , 1985)
C. MacDonald explained what she planned to do after leaving the
District in March, and H. Grench reviewed the reasons contained in
the report regarding the conversion of the position to full-time.
He said he did not foresee any probable immediate financial impact
at this time by expanding the position to full-time, but that there
would be a 25% increase when the top of the position ' s salary scale
is reached.
Motion: N. Hanko moved that the Board approve the conversion of the
Public Communication Coordinator 's position to a regular,
full-time staff position. T. Henshaw seconded the motion.
The motion passed 6 to 0.
The General Manager was authorized by consensus to fill the posi-
tion as soon as possible.
IX. INFORMATIONAL REPORTS
H. Grench reported that the Santa Cruz County Local Agency Formation
Commission had approved the extension of the District' s Sphere of In-
fluence and the related annexation and noted that they had included an
island of private property not requested by the District in the annex-
ation. He said the matter would be placed on a future Board agenda
for consideration.
C. Britton informed the Board that, unless the Board objected, staff
would be signing a form forwarded from the Federal Government regarding
a clause change in the Mt. Umunhum purchase agreement. He said the
change concerned the hiatus period on profits resulting from a sale of
the property, adding the period had changed from ten years to three
years. There were no objections .
D. Hansen said that the construction of the Los Gatos Creek Park fence
had begun and that the San Jose Water Works was in the process of de-
molishing the Los Gatos Creek flume.
X. CLAIMS
Motion: E. Shelley moved that the Board approve the revised claims
85-03 of February 13 , 1985 . R. Bishop seconded the motion.
The motion passed 6 to 0 .
85-03 Page 10
XI . CLOSED SESSION
The Board adjourned to a Closed Session on land negotiation, person-
nel , and litigation matters at 11 : 40 P .M. j:�, 'J' +b "'-Ztj�
XII . ADJOURNMENT
The Board reconvened to public session at 12 :01 A.M. on Thursday,
February 14 , 1985 . The meeting was continued to 7 : 30 P.M. on Wednes-
day, February 20, 1985 at the District office.
Doris Smith, Secretary
Jean H. Fiddes, District Clerk
CORRECTION TO THE MINUTES OF FEBRUARY 13 , 1985
B. February 13 , 1985
Motion: E. Shelley moved the approval of the minutes of February 13,
1985. T. Henshaw seconded the motion.
Discussion: Tom Kavanaugh, 1726 Spring Street, Mountain
View noted that the minutes did not reflect under what rules
and regulations the Board went into Closed Session and what
the litigation matters were.
H. Grench responded that the Code Section under which the
litigation can be discussed has to be noted before Closed
Session and that had been announced as the Hassler litiga-
tion. He added that it may be appropriate to add the infor-
mation to all minutes. E. Shelley and H. Turner agreed
that the procedure would have merit. H. Turner stated the
Board' s consensus that the minutes were amended to include
the following information: The Board went into Closed Session
to discuss the Hassler litigation.
The amended minutes of February 13 were approved by a vote
of 5 to 0, with D. Wendin abstaining because he was absent
from the meeting .
sting of 85-03 Continued
Ad.
Idw
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CONTINUED REGULAR MEETING OF FEBRUARY 13 , 1985
BOARD OF DIRECTORS
FEBRUARY 20 , 1985
MINUTES
I . ROLL CALL
Vice President Teena Henshaw called the Continued Regular Meeting of
February 13 , 1985 to order at 7 : 35 P.M. on Wednesday, February 20 , 1985
at the District office, 375 Distel Circle, Suite D-1 , Los Altos , Cali-
fornia.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Richard Bishop. President Harry
Turner arrived at 7 : 55 P .M.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean
Fiddes , Michael Foster, and Stanley Norton.
ORAL COMMUNICATIONS
T. Henshaw stated that, although Oral Communications was not listed on
the agenda for the Continued Regular Meeting of February 13 , 1985 , an
Oral Communication concerning the Hassler buildings would be heard.
T. Henshaw requested the speaker limit his remarks to five minutes .
Cliff Nelson, 416 Pearl Avenue, San Carlos , requested that the Board
negotiate and discuss with the San Mateo Board of Supervisors a suitable
compromise that would allow the Hassler buildings to be preserved as a
cultural and arts center in a manner that would not jeopardize the Dis-
trict ' s grant. He discussed what he felt was the architectural and
historical importance of the buildings and the variety of community
members who could use them.
Barbara Stevenson, 818 Laurel Avenue, Burlingame, asked if the District
was negotiating with the Coalition to Preserve Hassler or with the
County of San Mateo to preserve the Hassler buildings .
T. Henshaw responded that at this time the District was considering all
the different possibilities .
T. Henshaw, noting that H. Turner was present, stated the Board would
next consider the second item on the agenda.
OLD BUSINESS WITH ACTION REQUESTED
A) Approval of Official Statement and Paying Agent for 1985
Promissory Notes (Memorandum M-85-28 of February 15 , 1985 and
Memorandum M-85-29 of February 20 , 1985)
M. Foster stated that the Board needed to approve the final version
of the Official Statement for the note issue and explained the rea-
sons he was recommending the designation of First Interstate Bank
of California as the paying agent for the note issue. He briefed
the Board of the note issue ' s progress , noting that Stone and Young-
berg had sold all but $300 ,000 of the notes , and discussed the dif-
ference between having to sell notes at a premium rather than being
able to sell them at discount.
85-03 010 Page 2
In response to a question from N. Hanko regarding the Official
Statement, M. Foster stated that the references to insurance cov-
erage for the notes on Page One had been deleted since the District
was selling the notes with a rating and therefore had decided not
to go the insurance route.
Motion: N. Hanko moved that the Board approve Resolution 85-17 , 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. R. Bishop seconded the motion.
Discussion: H. Grench called the Board' s attention to a
letter, dated February 20 , 1985 , from Richard S. and
Jeanette A. Bullis , Quinta Ranch, Star Route 2 , Box 310 ,
La Honda, expressing the Bullis ' opposition to the issuance
of the promissory notes. The motion passed 6 to 0 .
Motion: R. Bishop moved that the Board approve the distribution of
the Official Statement as amended. E. Shelley seconded the
motion. The motion passed 6 to 0 .
M. Foster said March 5 was the closing date for the note issue.
B. Resolution Endorsing Goals of the South Bay Wetlands Coalition
(Memorandum M-85-16 of February 13 , 1985 and Memorandum M-85-25 of
February 14 , 1985)
H. Grench stated that the proposed resolution would endorse the
goals of the Coalition as stated in the Coalition' s own resolution
and addendum. He added that this action would not make the District
a member of the Coalition.
Motion: K. Duffy moved that the Board adopt Resolution 85-18 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Endorsing the Goals of the
South Bay Wetlands Coalition. E. Shelley seconded the
motion. The motion passed 6 to 0 .
C) Interim Report on Search for Permanent District Office Headquarters
(_Report R-85-14 of February 8 , 1985 and Memorandum M-85-27 of
February 15 , 1985)
C. Britton briefed the Board on the process to date to locate a new
location for the District's office. He stated that two sites, a
vacant site owned by the City of Mountain View at the corner of
Bailey and Latham Streets and the former Imperial Savings building
located adjacent to the Crocker Bank building off El Camino Real
near the San Antonio Shopping Center, appeared to staff to be the
most promising locations. He stated that a consultant would be
hired to determine what type of building could be constructed on
the Mountain View site.
D. Wendin stated he did not support the former Imperial Savings
building as a permanent location for the District' s office. He and
E. Shelley stated the former Imperial Savings building could be con-
sidered as an interim office space site. N. Hanko questioned the
staff about the proposed size of the Board room at the two sites ,
and H. Grench responded that a larger room would be proposed as part
of the design.
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R. Bishop stated he felt the Board needed to address the policy
question of whether the District should buy land and build a new
office building or continue to rent office space. He cited the
amount of staff time and effort involved with the design and con-
struction of a new building and said that renting was more flexible
and allowed the District to leave its options open. He stated he
would support the action proposed in the staff report, but did not
support the construction of a new building for the District office,
and requested that staff and the Board keep their options open.
Discussion centered on what action the Board had taken previously
concerning whether the District should continue to rent office space
or construct its own building . T. Henshaw stated the Board had not
voted on whether the District should construct its own building.
H. Grench requested that the Board continue this agenda item so that
staff could review the minutes of previous Board meetings at which
the question of building or renting had been discussed. R. Bishop
requested that the Office Space Committee prepare a report so that
the entire Board could discuss the question of building an office
as opposed to renting one.
Motion: D. Wendin moved that the Board continue this agenda item
to the first meeting in March so that the Board could get
a clear statement from staff on what they would like the
Board to do. N. Hanko seconded the motion. The motion
passed 7 to 0 .
H. Turner arrived at the meeting during the discussion of this
agenda item.
Vice President Henshaw called a recess at 8 : 08 P.M. and President
Turner called the meeting to order again at 8 : 14 P.M.
C. Consideration of H. Turner ' s Resignation as Board President and
Election of New President (Memorandum M-85-24 of February 14 , 1985)_
H. Turner stated that Bond Counsel had advised that it would be
confusing to the sale of the District's promissory notes to have a
change in the Board ' s President now, and therefore he tendered his
resignation to be effective at the first regular meeting in March
after the closing of the bond sale.
Motion: R. Bishop moved that the Board accept H. Turner ' s resigna-
tion as Board President effective the first Regular Meeting
in March with regret and thanks for service. D. Wendin
seconded the motion. The motion passed 7 to 0 .
H. Turner stated that a new Board President would be elected at the
first Regular Meeting in March.
For personal reasons , President Turner requested that Vice President
Henshaw chair the rest of the meeting .
D) Initial Legislative Program for 1985-86 (Memorandum M-85-17 of
February 5 , 1985 and Memorandum M-85-26 of February 15 , 1985)
H. Grench reviewed the proposed Initial Legislative Program that
the Legislative Committee had discussed at its February 4 meeting.
R. Bishop stated that it was the Committee ' s recommendation that
the District take no action on the East Bay Regional Park District
bill relating to compensation of Board members for committee meet-
ings and field trips . H. Grench stated he would be contacting the
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East Bay Regional Park District regarding the legislation they had
proposed two years ago relative to referral to districts by cities
and counties of development proposals within 300 feet of district
lands .
Motion: D. Wendin moved that the Board adopt the Initial Legisla-
tive Program for 1985-86 , including the positions and pri-
orities indicated in the Legislative Committee' s report.
N. Hanko seconded the motion. The motion passed 7 to 0 .
IV. INFORMATIONAL REPORTS
H. Grench stated that members of the Board had been invited to a recep-
tion, hosted by the California Heritage Council , on Sunday, March 3 ,
1985 at the Levine ' s home on the Fremont Older Open Space Preserve in
honor of the 50th anniversary of Fremont Older' s death.
V. CLOSED SESSION
S. Norton announced that the litigation to be discussed in Closed Ses-
sion would be Hassler vs. the District and Aine vs . the District and
the City of Palo Alto.
The Board recessed to Closed Session at 8 : 30 P.M.
VI . ADJOURNMENT
The Board reconvened to adjourn the Continued Regular Meeting of
February 13 , 1985 at 11 : 10 P.M. on Wednesday, February 20 , 1985 .
Jean H. Fiddes
District Clerk
CORRECTIONS TO THE MINUTES OF FEBRUARY 20 , 1985
C. February 20 , 1985
Motion: E. Shelley moved the approval of the minutes of February 20,
1985. T. Henshaw seconded the motion.
Discussion: H. Turner noted that the minutes would require
the same addition as did the minutes of February 13 , and
stated the Board' s consensus that the minutes were amended
to include the sentence , "The Board went into Closed Session
to discuss the Hassler litigation. " . The minutes were
approved as amended by a vote of 6 to 0.
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Sheliey,Harry A.Turner,Daniel G.Wendin