HomeMy Public PortalAbout19861222 - Minutes - Board of Directors (BOD) Meeting 86-30
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
OLD MILL OFFICE CENTER,BUILDING C,SUITE 135
201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040
(415)949-5500
RESCHEDULED REGULAR MEETING
BOARD OF DIRECTORS
DECEMBER 22, 1986
MINUTES
I . ROLL CALL
President Edward Shelley called the meeting to order at 7 : 32 P.M.
Members Present: Katherine Duffy, Teena Henshaw, Richard Bishop,
Edward Shelley, Daniel Wendin, Harry Turner, and Nonette Hanko.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary
Hale, Del Woods, James Boland, Stanley Norton, Michael Foster, Thomas
Karnofel, and Joan Combs .
II . APPROVAL OF MINUTES
November 24 , 1986
Motion: D. Wendin moved that the Board approve the minutes of November
24 , 1986 . T. Henshaw seconded the motion. The motion passed
6 to 0 , with Nonette Hanko abstaining because she was absent
from the meeting.
III . WRITTEN COMMUNICATIONS
J. Combs stated that the Board had received 1) a letter from Gordon
Brandt, 1425 Cedar Place, Los Altos, expressing concern about the
problems created by runners at Rancho San Antonio Open Space Preserve
and suggesting some possible solutions; and 2) a phone message from
Jan Matzer, on behalf of the Sierra Club, supporting the proposed
Procter property addition to Thornewood Open Space Preserve.
E. Shelley stated the Board's consensus, that staff be directed to
send the response drafted by staff for E. Shelley to Mr. Brandt.
D. Wendin requested that a copy of the letter from Mr. Brandt and
E. Shelley's response be sent to Mark Winitz .
IV. ORAL COMMUNICATIONS
Mary Childress, P .O. Box 46 , Loma Mar, asked for clarification of the
permit system for La Honda Creek Open Space Preserve. D. Hansen
stated that specific dates were required for a site visit. E. Shelley
stated that staff should return to the Board with a procedure for
issuing of permits to visit the site .
V. ADOPTION OF AGENDA
K. Duffy noted that upcoming Use and Management Plan reviews are now
announced at the bottom of the agenda and said that she hoped this
would prove helpful to members of the public .
E. Shelley stated that the agenda was adopted by Board consensus .
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 86-30 Page two
VI . SPECIAL ORDERS OF THE DAY
Resolution Honoring Robert Augsburger (Report R-86-126 of December 11,
1986)
E. Shelley stated that Robert Augsburger was retiring as Executive
Director of Peninsula Open Space Trust, and that the District had
enjoyed an excellent working relationship with Mr. Augsburger and POST.
E. Shelley read the Resolution of Appreciation.
Motion.: R. Bishop moved that the Board adopt Resolution 86-71, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Honoring Robert Augsburger.
N. Hanko seconded the motion.
Discussion: R. Bishop stated that he had enjoyed working with
a person of Mr. Augsburger ' s capabilities and that he hoped
the District would have occasion to work with Mr. Augsburger
in the future. H. Turner stated that POST had saved a large
amount of open space land, as well as raising funds and
organizing volunteers for trail construction. N. Hanko noted
that the 2020 Task Force of Santa Clara County had passed a
straw vote to recommend the creation of a new district for
the remainder of the County, as well as supporting the idea
of the creation of a foundation similar to POST.
Mr. Augsburger expressed his appreciation for the Board ' s
Resolution, and was presented the Resolution by E. Shelley.
The motion passed 7 to 0 .
E. Shelley declared a recess at 7 :48 P.M. The Board reconvened at 7 :53
P.M.
VII . BOARD BUSINESS
A. Approval of Agreement with Prudential-Bache Securities to Serve as
Managing Underwriters of Negotiable Promissory Notes (Report R-86-129
of December 15 , 1986)
M. Foster stated that proceeds from the proposed $11 million note
issue would be used to pay off the $8 million of existing debt
and provide approximately $2 million of new District acquisition
funds . He explained that the net cash-flow effect of the issue
would be to increase the amount available for acquisition over
the next 21, years by approximately $5 million.
R. Bishop noted that previous issues had been handled by Stone and
Youngberg and asked in what way Prudential-Bache 's proposal was
superior.
M. Foster responded that Stone and Youngberq ' s Proposal had been
less attractive in terms of cash flow.
N. Hanko thanked M. Foster for the creative effort he had put into
restructuring of the District' s debt service.
D. Wendin asked what the District' s obligations would be if the
trustee were to go bankrupt.
Douglas Charchenko, representing Prudential-Bache, responded that in
such an event, the trust fund which is in the form of U.S . Treasury
notes would not be available to settle bankruptcy but would be
used specifically for the debt.
Meeting 86-30 Page three
Motion: H. Turner moved that the Board authorize the General
Manager to execute the proposed underwriting agreement
with Prudential-Bache Securities and authorize staff to
take all actions necessary to arrange the issuance of $11
million of ten year notes . E. Shelley -seconded the motion.
The motion passed 7 to 0 .
B. Selection of a Planning Consultant to Update the District's
Raster Plan (Report R-86-128 of December 15, 1986)
D. Hansen reported that staff had negotiated a proposed contract
with William Spangle and Associates to revise the Master Plan.
He noted that two minor changes should be made in the Agreement:
1) in Article 1, paragraph 2, last line, "nor" should be changed
to "or" ; and 2) in Article 9 , paragraph 1, line 2, the word
"affixed" should be changed to "provided. "
Motion: N. Hanko moved that the Board authorize the President to
enter into the proposed contract agreement with the changes
suggested by D. Hansen, with William Spangle and
Associates to update the District' s Master Plan. H .
Turner seconded the motion.
Discussion: R. Bishop stated that he was very pleased
that the District was entering into this contract with
William Spangle and Associates . Mr. Spangle said that
every effort would be made to complete the Master Plan
update well within six months .
The motion passed 7 to 0 .
C. Appointment of Peace officer (Report R-86-123 of December 8 , 1986)
J. Boland introduced Thomas Karnofel and stated that he had com-
pleted all the necessary courses to be appointed a District peace
officer.
Motion: K. Duffy moved that the Board adopt Resolution 86-72, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Appointing Thomas Karnofel
as a Peace officer Pursuant to Section 830 . 31 (b) of the
Penal Code of the State of California . T. Henshaw
seconded the motion. The motion passed 7 to 0 .
D. Proposed Additions to the Sierra Azul Open Space Preserve - Mt.
Umunhum Area: Lands of (1) Schofield, (2) Howatt et al . and
(3) Miller et al. (Report R-86-131 of December 16 , 1986)
C . Britton used the wall map to show the proposed property additions
and said that the terms of the agreement call for a total purchase
price of $210 ,000 for the three parcels of land totalling 358 acres .
D. Hansen reviewed the Interim Use and Management Plan recommen-
dations and noted that public access would not be encouraged
until public rights on Loma Prieta Road were clarified. He
stated that the District would be working with neighbors and the
Sheriff ' s Department regarding patrol assistance.
Discussion centered on easement rights on Loma Prieta Road.
Randy Perretta, P .O. Box 98 , New Almaden, stated that the road
was not historically open to the public, contrary to what was
stated in the staff report. He said that he felt the District
should not pursue land acquisition in this area and that public
access would constitute a threat to wildlife and a sensitive
environment.
Meeting 86-30 Page five
E . Proposed Jamison Property Addition to the Mt. Umunhum Area of the
Sierra Azul Open Space Preserve (Report R-86-125 of December 11,
1986)
C. Britton said the terms of the agreement call for a purchase
price of $85, 600 in cash for the 40 acre property, with escrow
to close before the end of the calendar year.
D. Hansen reviewed the Interim Use and Management Plan recommen-
dations and said a key element of the acquisition was that it
contained a portion of Mt. Umunhum Road.
Motion: N. Hanko moved that the Board adopt Resolution 86-76 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement - Bargain Sale, 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 Jamison) . R. Bishop seconded the motion. The motion
passed 7 to 0 .
Motion: N. Hanko moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the staff report, including naming the property as an
addition to the Sierra Azul Open Space Preserve - Mt.
Umunhum Area, and indicate its intention to withhold the
property from dedication at this time . R. Bishop
seconded the motion. The motion passed 7 to 0 .
F. Proposed Winkle Property Addition to the La Honda Creek Open Space
Preserve (Report R-86-130 of December 16 , 1986)
C. Britton stated that the two parcels of land totalling 3 .4 acres
were being offered to the District as a gift.
D. Hansen noted that staff was recommending the land be withheld
from dedication at this time because the La Honda Creek Preserve
is not dedicated. He stated that staff recommended the small
cabin on the property be secured and that appropriate signing
would be installed.
Motion: N. Hanko moved that the Board adopt Resolution 86-77 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Accepting Gift of Real
Property, 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 (La Honda Creek
Open Space Preserve - Winkle Property) . R. Bishop
seconded the motion. The motion passed 7 to 0 .
Motion: N. Hanko moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the staff report, including naming the property as an
addition to La Honda Creek Open Space Preserve, and indicate
its intention to withhold the property from dedication as
public open space at this time . R. Bishop seconded the
motion. The motion passed 7 to 0 .
Meeting 86-30 Page six
G. Proposed Procter Property Addition to the Thornewood Open Space
Preserve (Report R-86-134 of December 17 , 1986)
C. Britton stated that the property totalled 3 .4 acres rather
than the 9. 5 acres given in the staff report. He stated that
the 2 .6 acre Parcel 1 consisted of a water reserve and that the
District was only assuming title to the underlying fee . He
stated that Parcel 1 and the 0 .8 acre Parcel 2 were being offered
to the District as a gift.
D. Hansen stated that there appeared to be potential for trail
alignments which could potentially link Thornewood Preserve with
upper La Honda Road.
Joseph Szabo, a neighbor of the Preserve, reviewed the early
history of the property and said that the water reserves had
been intended by the original owner of the property for the
transport of water.
Motion: H. Turner moved that the Board adopt Resolution 86-78 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Accepting Gift of Real
Property, 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 (Thornewood Open Space
Preserve - Procter Property) . K. Duffy seconded the motion.
Discussion: K. Duffy thanked Mrs . Procter for the gift
of land to the District. N. Hanko thanked Mr. Szabo for
providing interesting background information on the
property.
The motion passed 7 to 0 .
Motion: H. Turner moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the staff report, including naming the property as
an addition to the Thornewood Open Space Preserve, and
indicate its intention to withhold the property from
dedication at this time. R. Bishop seconded the motion.
The motion passed 7 to 0 .
H. Initial Legislative Program for 1987-1988 Legislative Session and
Contract for Legislative Consultant Services (Report R-86-127 of
December 12 , 1986)
H. Grench noted that a follow-up report dated December 22 , 1986
(report R-86-136) had been distributed for the meeting, and the
final Legislative Program recommendations differed in two respects
from the earlier draft: 1) the item (originally no. 3) for
legislation that would allow a district' s board to cancel an
uncontested election was not supported by the Legislative
Committee and was eliminated, and 2) new item 5 had actually been
changed from an "A" to a "B" priority, although it was still
shown as an "A" priority in the December 22nd report.
H. Grench summarized the items in the Initial Legislative Program
attached to the December 22nd report. He stated that item no. 1,
which would allow the District to enter into indebtedness for a
term of up to 20 years rather than the current 10 years, would
be advantageous to the District because annual payments would be
Meeting 86-30 Page seven
less for the same amount of debt. He noted that the District' s
Controller had calculated that the District could purchase
approximately $13 . 8 million more land over the next ten years
with the issuance of 20 year rather than 10 year notes .
Discussion centered on item no. 1 and the possible need for
further study and evaluation, particularly as to whether the
total allowed indebtedness should be increased.
Motion: E . Shelley moved that the Board send item 1 back to the
Legislative Committee for a clearer recommendation to
the Board. T. Henshaw seconded the motion.
Discussion: D. Wendin stated he felt the issue was not
one for the Legislative Committee, but for entire Board
consideration of the issues of increased limit on debt
and increasing the time from ten to twenty years . E.
Shelley said he felt an item of this nature needs to be
studied in detail by the Legislative Committee and
brought back to the Board for a decision on placing it
on the legislative agenda.
Substitute Motion: E . Shelley moved in a substitute motion that
item 1 be removed from the Legislative Program at this
time and that the Board then decide whether the Legis-
lative or Budget Committee should study the item in
more detail . T. Henshaw seconded the motion.
Discussion: D. Wendin stated there had been a consensus
among the Legislative Committee members and the General
Manager that the District should pursue an extension of
indebtedness . He said that he did not favor increasing
the total District' s indebtedness and that he felt this
question should be sent to the Budget Committee for
further study . E. Shelley suggested that the question
be referred to the Budget Committee to address the
financial aspects , and then request the Legislative
Committee to return with an opinion.
The substitute motion passed 7 to 0 .
Motion: E. Shelley moved that the item be referred to the Budget
Committee to consider the question of allowing the
District to enter into indebtedness for 20 years rather
than ten and for the maximum outstanding debt to be
the next 5 years anticipated tax revenue rather than
the current 4 years . H . Turner seconded the motion.
Motion to Amend: R. Bishop moved that the motion be amended to
include an analysis from the Controller. N. Hanko
seconded the motion to amend. The motion to amend
passed 7 to 0 .
H. Grench stated that because of the timing of introducing
legislation, he recommended that the Budget Committee
meet as soon as possible to consider this item.
The motion as amended passed 7 to 0 .
Meeting 86-30 Page eight
Motion: K. Duffy moved that the Board ask the Legislative
Committee to look into listing the District and other
agencies on the property tax bill. T. Henshaw seconded
the motion. The motion carried 4 to 3 on the following
vote:
Ayes : K. Duffy, T. Henshaw, R. Bishop, H. Turner
Roes : N. Hanko, E . Shelley, D . Wendin
Motion: E. Shelley moved that the Board adopt the Initial
Legislative Program for 1987-88 as amended. K. Duffy
seconded the motion. The motion passed 7 to 0 .
H. Grench stated that the Legislative Committee had felt strongly
that the District should continue with Ralph Heim as Legislative
Consultant, noting that Mr. Heim had left California Advocates
to join Jackson/Barish & Associates . H . Grench reviewed the terms
of the proposed consulting services contract with Jackson/Barish &
Associates . He said that there was a nominal 5% increase in
fees over those in effect for the last 12 years , but that these
would be locked in for two years .
Motion: N. Hanko moved that the Board authorize the President to
enter into the agreement with Jackson/Barish & Associates .
H . Turner seconded the motion. The motion passed 7 to 0 .
H. Grench reviewed his recommended Policy for Evaluating Redevelop-
ment Projects . E. Shelley stated that he felt this item should
return to the Board as an agendized item.
H. Turner noted that paragraph two of the proposed Policy was not
a complete sentence.
D. Wendin said he favored changing the word "Policy" in the title
to "Procedure" or "Process" , and R. Bishop said he favored
"Process" .
H. Grench noted that the phrase "shall be formed" should appear
in paragraph two after the words "an ad hoc committee. "
Motion: E . Shelley moved that this item be agendized on the next
convenient Board agenda. T. Henshaw seconded the motion.
The motion passed 6 to 1, with D. Wendin voting against
the motion. D. Wendin said he felt it was not necessary
to spend another meeting on this topic.
H. Grench reviewed item no. 4 in the report, and stated that
AB 2674 made some changes in the Brown Act regarding notice
requirements for meetings and said that the Legislative Committee
had agreed that S . Norton should prepare a report on the bill
for a January meeting. H . Grench said that a preliminary
analysis indicated that the District has had the more stringent
procedures all along.
Motion: K. Duffy moved that the Board instruct Legal Counsel to
reportat aJanuary meeting, giving an analysis of AB 2674 ,
the status of the District' s existing compliance with it,
and any recommended changes in the Rules of Procedure.
N. Hanko seconded the motion. The motion passed 7 to 0 .
Meeting 86-30 Page nine
I . Dedication S, as of District Lands (Rep R-86-135 of
December 15, 1986)
H. Grench reviewed the list of parcels being recommended for
dedication at this time and pointed out dedicated and undedicated
parcels on the wall map. He said that not all parcels for which
the Board had passed a motion of intent to dedicate were in-
cluded in the recommended resolution, because preserves needed
to be studied as a whole through the use and management planning
process before dedications were finally made .
Motion: R. Bishop moved that the Board adopt Resolution 86-79 , a
Resolution of the Board of Directors of the Midpeninsula
Regional open Space District Dedicating Interests in
Certain District Lands for Public Open Space Purposes .
E. Shelley seconded the motion. The motion passed 7 to 0 .
J. Accelerated Payment of Notes Used to Purchase Land (Report R-86-132
of December 17, 1986)
C . Britton reviewed the staff report concerning the District's
proposed repurchase of five secured promissory notes at a 5%
discount for each note.
Motion: R. Bishop moved that the Board approve repurchase of the
five secured promissory notes on the basis of a 5%
discount for each note, plus interest payments due
through December 31, 1986 , and authorize the General
Manager to take all action necessary to complete the
repurchases . E . Shelley seconded the motion. The
motion passed 7 to 0 .
VIII . INFORMATIONAL REPORTS
D. Hansen reported on the recent death of Dick Hansen, a District
docent, and noted that a memorial fund had been established for
donations to the District.
H. Grench reported that Mary Gilman would be returning as Director of
the Deer Hollow Farm environmental education program after January 1,
1987 .
D. Wendin stated that the Land Acquisition Policy Committee would meet
January 12 at 7:30 P.M. to consider the Board discussion on the questionnaire.
T. Henshaw suggested a Director and staff tour in the Loma Prieta
area in January.
R. Bishop noted that Harry Turner was attending his last meeting as a
Director, stated H. Turner had been a very valuable member of the Board,
and said that he felt the Board owed H . Turner a vote of appreciation
for his valuable service to the District.
IX. CLAIMS
Motion: N. Hanko moved that the Board approve Revised Claims 86-24 .
K. Duffy seconded the motion. The motion passed 7 to 0 .
X. CLOSED SESSION
S . Norton announced that litigation matters to be discussed in Closed
Session fell under Subdivision (a) (1) of Government Code Section
54956 . 9 . The Board recessed to Closed Session at 10 :45 P .M.
XI . ADJOURNMENT
The meeting was adjourned at 11 : 20 P .M.
Joan Combs
Secretary