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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