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HomeMy Public PortalAbout19860528 - Minutes - Board of Directors (BOD) Meeting 86-14 0 mmow MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS MAY 28, 1986 MINUTES I . ROLL CALL President Edward Shelley called the meeting to order at 7 : 43 P.M. Members Present: Katherine Duffy, Teena Henshaw, Edward Shelley , Harry Turner, and Richard Bishop. Members Absent: Daniel Wendin and Nonette Hanko. Personnel Present: Herbert Grench , Craig Britton , David Hansen, Mary Hale , Jean Fiddes , Stanley Norton, Michael Foster, David Camp, and Emma Johnson. II . APPROVAL OF MINUTES A) May 7, 1986 Motion: R. Bishop moved that the Board approve the minutes of May 7 , 1986 . E. Shelley seconded the motion. The motion passed 5 to 0 . B) May 17 and 18, 1986 Motion: R. Bishop moved that the Board approve the minutes of May 17 and 18 , 1986. E. Shelley seconded the motion. The motion passed 5 to 0. III. WRITTEN COMMUNICATIONS There were no written communications . IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus . VI. BOARD BUSINESS A. Second Reading of Approval for County to Construct Trail on the Fre- mont Older Open Space Preserve (Memorandum M-86-61 dated May 23 , 1986) D . Hansen reported that construction had begun on the County portion of the trail. H. Grench added that his May 15 letter of agreement had not been signed yet since there is no Director for the County' s Parks and Recreation Department at this time , but based on his con- versation with C. Rockwell, an Engineer with the Parks Department, Mr. Rockwell had no doubts about it being signed. So that the volunteer project would not be held up, work might have to start on the Preserve portion of the trail before the agreement was signed. Some concern but no objection was expressed by Board members . Motion: R. Bishop moved that the Board approve amending the Fremont Older Open Space Preserve Use and Management Plan to allow the County of Santa Clara to construct approximately one- half mile of trail on the Preserve with the proviso that Meeting 86-15 Page two the County sign the letter of agreement and subject to the conditions contained in Memorandum M-86-55 and as amended on May 14 , 1986. K. Duffy seconded the motion. The motion passed 5 to 0. B. Final Adoption of the Interim Use and Management Plan for the Bullis Property Addition to the Skyline Ridge Open Space Preserve (Memoran- dum M-86-22 of May 23 , 1986) D. Hansen reported that the present caretaker is remaining on the site for a period of up to six months and that staff will return to the Board with criteria for soliciting proposals for a long term occupant within the next six months . Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan as contained in report R-86-23 , indicate its intention to withhold the property from dedication, and seek a one year temporary master tenancy lease as soon as possible. T. Henshaw seconded the motion. The motion passed 5 to 0 . C. Approval of Official Statement for 1986 Promissory Notes (Memorandum M-86-58 of May 22 , 1986) M. Foster stated that the May 21 due diligence meeting was held to review all aspects of financing the notes, including setting the pro- posed amount of the notes at $9 . 5 million, establishing repayment dates and a five year call redemption possibility , and reviewing the proposed underwriting fees . He noted that the Board, at this time , was only being asked to approve the Preliminary official Statement and its distribution, adding that the Board would later be asked to adopt a resolution authorizing the sale of the notes. Motion; R. Bishop moved that the Board approve and authorize distri- bution of the Preliminary Official Statement covering the issuance of the 1986 Promissory Notes. T. Henshaw seconded the motion. The motion passed 5 to 0. D. Proposed Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1986-1987 Fiscal Year (Report R-86-30 of May 21, 1986) H. Grench introduced the report noting that the Budget Committee had met twelve times , and a significant amount of time had been spent reviewing the proposed Action Plan for the Communications Program. He said that a key project concerning development of a Good Neighbor information and communications program had been added and that time allocations of the program leader and secretary had been modified in accordance with the Board' s request. C. Britton reviewed his portion of the Action Plan and reported that the Real Property Representative position had been filled on a temporary basis. H. Grench said that he intended to authorize filling of this position as a regular half-time position beginning July 1. There were no objections expressed. D. Hansen noted minor changes in the Open Space Management Program, including the proposed reallocation of staff resources. H. Grench added that the position upgrades and new positions have not been approved by the Board and would not be considered as being approved by the Board's approval of the Action Plan. He said that the Budget Committee will make recommendations by early fall on the five year staffing study and then authorization will be sought for the first year meeting 86-15 Paae three staffing changes. He said that staff and the Budget Committee felt that the figures included in the budget for the first year accurately reflected the funds needed to implement the staffing changes once authorized by the Board. M. Hale reviewed the Communications Program's proposed Action Plan as contained in the report and discussed its budget implications. R. Bishop asked if the postponement of the public event at Hassler would defer Phase I of the Use and Management Plan for the Preserve. D. Hansen replied that it would not and that the Use and Management Plan for the site will be presented to the Board in June or July for consideration. Significant discussion followed R. Bishop' s feeling that time and money should not be spent on revising the District' s graphic image and Open Space newsletter format. E. Shelley and H. Turner supported having designs presented to the Board at various stages of planning. T. Henshaw stated her support for the proposed procedure in the Action Plan. K. Duffy noted the Board had previously approved the concept of potential changes in designs and format when it gave preliminary approval to the Action Plan, and T. Henshaw added that the majority of the Board voted to proceed with the preliminary design work. E. Shelley suggested that more Board participation, including a pos- sible workshop and proposed review stages, be included before any final decisions were made on the graphic design or the newsletter. R. Bishop said that he would like for staff to evaluate the need for the changes in a report to the Board at the same time as the Action Plan is re- turned to the Board for adoption. E. Shelley stated that a plurality of the Board members present requested that the key project under discussion be revised to include more Board review and participation. H. Grench said staff would pre- pare alternative language for Board consideration for key projects three and four of the Public Affairs and Education Subprogram regarding the format of Open Space and a new graphic identity based on the Board' s discussion. E. Presentation of Preliminary Budget for Fiscal Year 1986-1987 (Report R-86-31 of May 23 , 1986) H. Grench noted that the $38,000 shown in Table C in the Land Option Fees category under the Communications Program should appear in the Contract Services category for that Program and he added that the total figures shown for these two categories need to be adjusted accordingly. H. Grench said that three key factors were reflected in the budget: a strong acquisition program because of the new note issue , a signi- ficant increase for site stewardship, and a large amount of funding devoted to site development. He noted that the budget was being pre- sented on an informational basis at this time and that staff would return at the following meeting to request formal budget adoption. C. Britton, D. Hansen, M. Hale, and J. Fiddes reviewed the proposed budget figures for their programs . Controller's Report on the Proposed Fiscal Year 1986-1987 Budget (Memorandum M-86-56 of May 21 , 1986) M. Foster reported that the District' s cash position would be adequate to cover debt service, operating expenses, year-end reserve require- ments and as much as $11 million of cash for land development and acquisition with the anticipated revenues and proceeds from the new note, issue. He said the District will have the capability of buying $11.5 million ofland. Meeting 86-15 Page four Proposed Budget for 1986-1987 Fiscal Year (Memorandum M-86-60 of May 22 , 1986) T. Henshaw reviewed the Budget Committee' s report and asked the Board to address and consider adoption of the Committee ' s recommen- dations. Motion: K. Duffy moved that the Board budget $1300 for a docent and staff recognition event and $4000 for Salary Incentive Awards plus $300 for related PERS contributions . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: E. Shelley moved that committeee member attendance at the Budget, Legislative, Dog, Public Transportation, Santa Clara County Parks Liaison (when formally meeting) , Land Acqui- sition Policy, and Preservation 2020 Task Force (when formally meeting) Committees be compensable. R. Bishop seconded the motion. The motion passed 5 to 0 . Motion: R. Bishop moved that the Bo.ard charge the Budget Committee with completing its review and reporting back to the Board by fall of the Five Year Staffing Study, the Three Year Capital Improvement Program, and the Open Space Management Budget Guidelines, or a substitute f cr the guidelines , and with completing its review of staff' s study of District benefits , flexible benefit plan and total compensation, preceding pre- sentation to the Board. K. Duffy seconded the motion. The motion passed 5 to 0. Motion: E. Shelley moved that the Budget Committee be charged with presenting options concerning compensation for Board-appointed staff. R. Bishop seconded the motion. The motion passed 5 to 0. F. Consent for Assignment of Leases on Skyline Ridge Open Space Preserve (Memorandum M-86-56 of May 21 , 1986) C. Britton reported that the leases on Skyline Ridge Open Space Preserve had been assigned to the Wasserman Family in 1983 and that the family now has agreed to transfer all the leases to Ronald D. and Lindsay Wasserman Emerson, the only family members that currently occupy the site . Ike added that this assignment would reduce to six the family members whose lives measure the length of the Family Com- pound lease . Motion : E. Shelley moved that the Board approve the assignment of the "Family Compound" , "Grazing" , and "Woodward" leases to Ronald Emerson and Lindsay Wasserman Emerson and authorize the President of the Board to execute the Consent of Lessor agreement. R. Bishop seconded the motion. The motion passed 5 to 0 . G. Calling of District Election and Requests for Consolidation of Services (Memorandum M-86-57 of May 21 , 1986) J. Fiddes reported that -voters in Wards 1, 2, 5 and 6 were scheduled to elect Directors in November, and that costs are estimated at $20 , 000 for the Santa Clara County wards and $13 ,000 for the San Mateo County wards. She added that it may be possible to cancel a District election in a ward where only a single candidate has filed nomination papers and to appoint the nominee. , E . Shelley noted that the Board had previously considered this option and that it was felt it was important to have the candidate' s name on the ballot so that citizens would know that District directors are elected positions. Meeting 86-15 Page five H. Turner stated that cancellation of an election in a single candi- date ward would save the taxpayers ' money. Motion: H. Turner moved that the Board change its Rules of Procedure to give an option to the Board to appoint a sole candidate rather than conduct an election. Discussion: E. Shelley pointed out that the Registrar of Voters has to know if a name will appear on the ballot and that the Board cannot have that option. H. Grench added that the Board could wait to consider the question after it is determined whether there are any uncontested wards. He said District Legal Counsel had not yet considered whether the District could actually cancel an election. The motion died for lack of a second. Motion: R. Bishop moved that the Board adopt Resolution 86-29 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (Santa Clara County) . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board adopt Resolution 86-30, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (San Mateo County) . H. Turner seconded the motion. The motion passed 5 to 0 . E. Shelley, T. Henshaw, and H. Turner subsequently stated that they did not favor cancelling an election in a ward if there were only one candidate . H. Rescheduling of the June 25 Regular Meeting (Memorandum M-86-59 of May 22 , 1986) H. Grench noted that a quorum of the Board had not been anticipated at the June 25 meeting and that the meeting had tentatively been rescheduled to June 18. Although it now appeared a quorum would be present, he recommended that the meeting still be rescheduled since Board attendance would be better on June 18 than June 25 . Motion: R. Bishop moved that the Board reschedule its Regular Meeting of June 25 to June 18 , 1986 beginning at 7 :30 P .M. at the District office . T. Hens-haw seconded the motion. The motion passed 5 to 0 . VII . INFORMATIONAL REPORTS R. Bishop reported that, despite limited parking at Purisima Creek Open Space Preserve, there were eleven cars at the site on Sunday, May 25 . VIII . CLAIMS Motion: E. Shelley moved the approval of Revised Claims 86-10 . K. Duffy seconded the motion. The motion passed -5 to 0 . IX. CLOSED SESSION S. Norton announced that litigation matters to be discussed in Closed Session fell under subdivision (b) (1) of Government Code Section 54956 . 9 . The Board recessed to Closed Session at 9 : 50 P .M. X. ADJOURNMENT The Board reconvened to adjourn the meeting at 11 : 45 P.M. E. Johnson Secretary