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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. 85-03 Page 3 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 85-03 Page 4 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