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HomeMy Public PortalAbout19860611 - Minutes - Board of Directors (BOD) Meeting 86-15 �a�LL :a. 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 June 11, 1986 I . ROLL CALL President Edward Shelley called the meeting to order at 7 : 35 P.M. Members Present: Katherine Duffy, Teena Henshaw, Richard Bishop, and Edward Shelley. Members Absent: Harry Turner, Daniel Wendin, and Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes , James Boland, Stanley Norton, and Joan Combs . II . APPROVAL OF MINUTES April 16 , 1986 : Motion: R. Bishop moved that the Board approve the minutes of April 16 , 1986 . E. Shelley seconded the motion. The motion passed 4 to 0 . April 23, 1986 : Motion: R. Bishop moved that the Board approve the minutes of April 23, 1986 . E. Shelley seconded the motion, Discussion: K. Duffy requested that the first line of paragraph two on page four be corrected to read "Those members of the audience speaking in favor of retaining eminent domain only when absolutely necessary for trail purposes included: . . . . " R. Bishop and E. Shelley accepted the change as part of their motion. The minutes as corrected were adopted by a 4 to 0 vote. III . WRITTEN COMMUNICATIONS J. Combs stated the Board had received the following written communi- cations : 1) a letter from attorney Robert J. Logan, dated May 27, 1986 , stating that Loren McQueen intends to take action against the District for purchasing Mt. Umunhum; 2) a letter from Susanne Wilson, Chairperson, Santa Clara County Board of Supervisors, dated June 2 , 1986 , expressing the County's con- cerns about proposed plans for logging redwood trees in Moody Gulch and asking assistance in researching a solution to this issue. E. Shelley stated the Board' s consensus that the letter from Mr. Logan be referred to the District's Legal Counsel . C. Britton stated that S. Norton had already been served with Mr. McQueen' s lawsuit, E. Shelley requested staff to draft a response to Ms . Wilson' s letter stating the Board's willingness to discuss ways to cooperate in com- pleting this project, provided sufficient public rights are assured Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-15 Page two to justify regional funding. H . Grench suggested that Director Duffy meet with Chairperson Wilson concerning this matter. IV. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle , Los Altos , stated he had been unable to attend recent Board meetings because of injuries from a horse accident. V. ADOPTION OF AGENDA H. Grench stated that items 1, 2 and 11 on the agenda required at least five affirmative votes to be adopted and since only four Board members were present, consideration of these items should be deferred to a later date when at least five Board members were present. He suggested Friday, June 13 and Monday, June 16 as possible dates . Motion: E. Shelley moved that agenda items 1 and 2 be continued to Friday, June 13, at 7 : 30 P.M. at the District office. T. Henshaw seconded the motion. The motion passed 4 to 0 . Motion: R. Bishop moved that if five Board members were unable to be present on Friday, June 13, that the continued meeting be held on Monday, June 16 , at 8 : 30 P.M. at the District office. E. Shelley seconded the motion. The motion passed 4 to 0 . VI . BOARD BUSINESS A. Final Adoption of the Interim Use and Management Plan for the North Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area (Memorandum M-86-64 of May 30 , 1986) D. Hansen stated that no further public comments had been received regarding the Interim Use and Management Plan for this property. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan recommendations contained in the staff report, name the property an addition to the Mt. Umunhum Area of the Sierra Azul Open Space PReserve and withhold the property from dedication. K. Duffy seconded the motion. The motion passed 4 to 0. B. Presentation of 1986-1987 Salary Survey and Adoption of New Salary Ranges (Report R-86-37 of June 5, 1986) H. Grench reviewed the Board' s policy concerning salaries for General Manager appointees and summarized the results of the salary study for the public sector. He recommended the Board adopt a five point salary range increase since he felt the Board should weigh the public sector data more heavily than the CPI increase or the changes in the private sector. Gary Foss , the District's Personnel Consultant, said the staff report was a good model from which to work in order to make a decision concerning new salary ranges . He discussed the impor- tance of gathering data from both the public and private sectors in order to formulate a recommendation and explained the private sector data contained in the staff report. Meeting 86-15 Page three Motion: E . Shelley moved the adoption of a 4 point salary range increase. K. Duffy seconded the motion. Discussion: R. Bishop said he favored the 5 point increase, noting that the total additional cost to the District would be $10 , 500 , and that he felt it would be a good investment in keeping and rewarding staff and would keep District salaries slightly above the median for public agencies . E . Shelley said he felt the 4 point salary increase represented a reasonable increase over the Consumer Price Index rise of 2 . 70 . R. Bishop requested , a roll call vote. The motion failed to pass on the following vote : Aye: E. Shelley, T. Henshaw, K. Duffy. No: R. Bishop. Motion: E. Shelley moved that consideration of this item be con- tinued to the June 18 Regular Meeting. R. Bishop seconded the motion. Discussion: E. Shelley noted it would also be appropriate to continue item b, Compensation for Board Appointees, to the June 18 meeting as well and the other Board members present concurred. The motion passed 4 to 0 . C. Adoption of the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1986-1987 (Report R-86-33 of June 2 , 1986) J. Fiddes reviewed the discussion by the Board at its last meeting concerning wording changes in the Communications Program portion of the proposed Action Plan and said alternative language for items three and four had been included in the staff report. R. Bishop stated he was satisfied with the suggested alternative language. Motion : R. Bishop moved that the Action Plan be approved with the inclusion of the alternative language for items 3 and 4 of the Communications Program. E. Shelley seconded the motion. Discussion: Ellie Huggins , 824 San Francisco Court, Stanford, stated that she strongly supported the concept of a magazine format rather than a newsletter and said she felt that a magazine format would be valuable in educating the public about open space. Discussion centered on the need for a District newsletter. T. Henshaw said that she would vote for the motion, but asked that the suggested proposals come back to the Board during a workshop rather than as an agenda item to be discussed with other business in an evening. E. Shelley said the proposals could initially be returned to the Board as an agenda item at which time the Board could determine if they wanted to schedule a workshop. The motion passed 4 to 0 . Meeting 86-15 Page four D. Adol2tion of Preliminary Budget for Fiscal Year 1986-1987 (Report R-86-40 of June 4 , 1986) H. Grench suggested that the Board not adopt the preliminary budget by resolution at this time since a resolution would have to be amended following salary discussion. He said the formal budget resolution could be presented for Board adoption at the June 18 meeting, and the Board, at this time, could adopt the budget figures as presented. Motion: R. Bishop moved that the Board adopt the preliminary budget for 1986-1987 subject to adjustments for salary changes to be decided at the June 18 Regular Meeting. E. Shelley seconded the motion. The motion passed 4 to 0 . E. Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area (Lands of North et al - Rader) (Report R-86-32 of June 2 , 1986) C. Britton noted that the District had already acquired one-half interest in the property and now had the opportunity to purchase an additional one-quarter. He said the total purchase price was $25 ,025 and that the District would pay a $1,000 real estate commission. D. Hansen outlined the Interim Use and Management Plan recom- mendations for the property. Motion: K. Duffy moved that the Board adopt Resolution 86-31, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North et al - Rader) . T. Henshaw seconded the motion. The motion passed 4 to 0 . Motion: E. Shelley moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the staff report, name the property as an addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and withhold the property from dedication. R. Bishop seconded the motion. The motion passed 4 to 0 . F. Proposed Change to Rules of Procedure Regarding Director's Compensation (Memorandum M-86-63 of May 28, 1986) Motion: R. Bishop moved that the Board adopt Resolution 86-32 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending the Rules of Procedure. K. Duffy seconded the motion. Discussion: E . Shelley said that the proposed wording did not address whether authorized substitutes for committee members would be compensated for attendance at a meeting. Motion to Amend: E. Shelley moved that the words "or authorized substitutes" be added after the word "committee" to the third sentence of Section 2 . 30 of the Rules of Procedure. R. Bishop seconded the motion. The motion to amend passed 4 to 0 . The amended motion passed 4 to 0 . Meeting 86-15 Page five G. Proposed Acceptance of Open Space Easement and Fee Dedication as an Addition to the Sierra Azul Open Space Preserve Kennedy Road Area (Blair Property) (Report R-86-38 of June 5 , 1986) C . Britton pointed out the property on the wall map and stated that the District and the Town of Los Gatos had been offered the opportunity to accept the dedication of an open space easement over 38.42 acres of land within the Town limits south of Kennedy Road. He said that an additional 4 acres at the upper end of the property would be dedicated in fee title to the District and that the District, in turn, would grant the Town an easement over the fee title area to assure its permanence as public open space and recreation land. D. Hansen stated there is no existing trail on the property at the present time, but there is a possibility for trail connections to the Kennedy Road Area. He noted that the installation of boundary plaques was the only use and management recommendation at this time. Motion: K. Duffy moved that the Board adopt Resolution 86-33, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Open Space Easement and Fee Dedication, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Blair) . T. Henshaw seconded the motion. The motion passed 4 to 0 . Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan recommendation contained in the staff report, name the real property interests as additions to the Sierra Azul Open Space Preserve - Kennedy Road Area, and indicate its intention to dedicate the fee and easement interests in the property as open space. T. Henshaw seconded the motion. The motion passed 4 to 0 . H . Proposed_Davidson Property Addition to the El Sereno Open Space Preserve (Report R-86-36 of June 3, 1986) C. Britton pointed out the 1. 33 acre property area on the wall map, and reviewed the terms of the sale that called for a total pur- chase price of $50 ,000 . D. Hansen said the only Use and Management recommendation was the installation of boundary plaques . Motion: K . Duffy moved that the Board adopt Resolution 86-34 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (El Sereno Open Space Preserve - Davidson Property) . T. Henshaw seconded the motion. The motion passed 4 to 0 . M-86-15 Page six Motion: K. Duffy moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the staff report, name the property as an addition to the El Sereno Open Space Preserve, and withhold the property from dedication. T. Henshaw seconded the motion. The motion passed 4 to 0 . I . Purisima Creek Redwoods Open Space Preserve Develol2ment Project - Review and Approval of Force Account Schedule (Memorandum M-86-65 of June 3, 1986) Motion: E. Shelley moved that this item be considered at the continuation of the June 11 meeting to be held on either June 13 or June 16 . T. Henshaw seconded the motion. The motion passed 4 to 0 . VII . INFORMATIONAL REPORTS T. Henshaw reported on the Special Park District Forum in Vancouver that she, H. Grench, D. Hansen, J. Boland, and D. Woods attended. D. Hansen stated he and M. Gundert had also attended the International Congress of Trail and River Recreation. H. Grench announced that Sunrise Winery would have a wine tasting on June 21 and 22. D. Hansen stated that 31 people had participated in the second Volunteer Day at Purisima Creek Redwoods open Space Preserve. VIII . CLAIMS Motion: R. Bishop moved the approval of Revised Claims 86-11. T. Henshaw seconded the motion. The motion passed 4 to 0 . IX. CLOSED SESSION S . Norton stated that there were no litigation matters to be discussed. The Board recessed to Closed Session on land negotiation matters at 9 : 12 P.M. X. CONTINUATION OF MEETING The Board reconvened at 10 : 10 P.M. and continued the June 11 Regular Meeting, including the Closed Session, to 7 : 30 P .M. on June 13, 1S86 at the District office. XI . ROLL CALL President Edward Shelley called the continued regular meeting of June 11, 1986 to order at 7 : 30 p.m. on Friday, June 13 , 1986 at the District office. Members Present: Edward Shelley, Teena Henshaw, Katherine Duffy, Harry Turner and Nonette Hanko. Personnel Present: Herbert Grench, Michael Foster, Craig Britton, David Hansen, Jean Fiddes and Del Woods. XII . BOARD BUSINESS (continued) H. Grench requested that the Board consider item 11 first since Carlo Fowler, District Bond Counsel, was not yet present. Meeting 86-15 Page seven J. Purisima Creek Redwoods Open Space Preserve Development Project Review and Approval of Force Account Schedule (Memorandum M-86-65 of June 3 , 1986) D. Hansen noted that preliminary review of material from the State has indicated that the Purisima development project' s force account schedule for in-house labor and materials will exceed the applicable amount specified by state law. D. Woods reviewed the reasons noted in the staff report concerning why it was more efficient and economical for the District to use substantial in-house labor for the project as opposed to seeking outside competitive bids and said the Board , by resolutioncould elect to construct the building, structures , and improvements included in the project by force account. H. Turner suggested staff consult with M. Foster on methods for accounting for labor and materials for the project. Motion : T. Henshaw moved that the Board approve Resolution 86-35 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Electing to Purchase Materials and Supplies in the Open Market and to Construct Improvements by Force Account (Purisima Creek Public Access Improvements) . K. Duffy seconded the motion. The motion passed 5 to 0 . K. Sale of 1986 Promissory Notes (Report R-86-35 of June 2 , 1986) M. Foster stated the Board was being asked to approve a $9 . 5 million note issue, noting that this was the maximum amount the District could borrow prudently at this time. Hunter Holding from Stone and Young- berg reviewed the purchase agreement, noting a decrease in the under- writing fees to 2 . 20% . M. Foster reviewed Exhibit A, distributed at the meeting, that detailed the maturity schedule for the note issue as follows : Maturity Principal Interest December 15 Amount Rate 1987 $ 710 , 000 5 .00% 1988 880 ,000 5 . 50 1989 925 ,000 6 . 00 1990 980 ,000 6. 25 1991 1,045 ,000 6 . 50 1992 1, 115 ,000 6 . 75 1993 1, 190 ,000 7 . 00 1994 1, 285 ,000 7 . 10 1995 1, 370 ,000 7 . 20 He stated that this maturity schedule would be included in the note issue resolution and purchase agreement if the Board adopted the resolution for the note issue. H. Grench introduced Carlo Fowler, the District ' s Bond Counsel, and Mr. Fowler distributed revised copies of the note issue resolution. He said that the changes in the text were : 1) redating of the reso- lution to June 13 , 1986 since the Board had not acted on the matter on June 11; and 2) a change in the coverage ratio covenant on Page 22 (c) (3) from 115% to 125% . Motion: H. Turner moved that the Board adopt Resolution 86-36, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance Meeting 86-15 Page eight and Sale of $9 ,500 ,000 Principal Amount of "Midpeninsula Regional Open Space District 1986 Promissory Notes . " N. Hanko seconded the motion. The motion passed 5 to 0 . M. Foster stated that the tentative closing date for the note issue was July 8. L. Agreement with Note Paying Agent for 1986 Promissory Notes (Report R-86-35 of June 2, 1986) M. Foster stated that he was recommending the District continue to use First Interstate Bank of California as the note paying agent for the new note issue . Motion: H. Turner moved that the Board adopt Resolution 86-37 , 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. N. Hanko seconded the motion. The motion passed 5 to 0 . XIS. CLOSED SESSION (Continued) The Board recessed to its continued Closed Session on Land Negotiation matters at 7 :56 P.M. XIII. ADJOURNMENT The Board reconvened to adjourn at 8 : 20 P.M. , Friday, June 13 , 1986 . Joan Combs , Secretary Jean Fiddes , District Clerk