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HomeMy Public PortalAbout19880127 - Minutes - Board of Directors (BOD) Meeting 88-02 O 0 a4m 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 January 27 , 1988 MINUTES I . ROLL CALL President Katherine Duffy called the meeting to order at 7 : 34 P.M. Members Present : Richard Bishop, Teena Henshaw, Edward Shelley, Katherine Duffy, Gerry Andeen, Nonette Hanko, and Robert McKibbin. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes , James Boland, Del Woods , Michael Foster, Stanley Norton, and Doris Smith. II . APPROVAL OF MINUTES January 13 , 1988 Motion: K. Duffy moved that the Board approve the minutes of January 13 , 1988 . E. Shelley seconded the motion. N. Hanko requested that the minutes be corrected to state that T. Henshaw, rather than N. Hanko, had abstained from the vote to approve the December 8 , 1987*minutes . K. Duffy and E. Shelley agreed to include the correction. The motion passed 7 to 0 to approve the minutes as corrected. III . WRITTEN COMMUNICATIONS D. Smith stated that the Board had received a letter , dated January 18 , 1988 , from Harry H. Haeussler, Jr. , 1094 Highland Circle , Los Altos , requesting that the District fulfill the voters ' expectations of development of a park district. She stated that a draft response prepared by staff for Board consideration accompanied his letter . K. Duffy stated that the draft response was approved by Board consensus and should be sent to Mr. Haeussler . The Board also received a letter dated January 10 , 1988 from Paula Bettencourt , Carolyn Knudtson, and Mary Gilman of the City of Mountain View Recreation Department expressing +-9ee Cot-rQaAH,I>Y1 +Vrn;"U-�.e5 Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop Meeting 88-02 g Page Two concerns and suggestions regarding runners, bicyclists and dogs at Rancho San Antonio Open Space Preserve . D. Smith stated that a draft response prepared by staff had been attached to the letter. T. Henshaw stated that she was concerned about waiting to take action on the issues discussed in the letter until the upcoming review and workshop for the Rancho San Antonio Comprehensive Use and Management Plan tentatively scheduled for August 1988 . Following further discussion, T. Henshaw requested that the Written Communication be placed on the next agenda for discussion and that the response letter to the Mountain View staff reflect this information. IV. ORAL COMMUNICATIONS Gibson Anderson, 19571 Farwell Avenue , Saratoga, representing Responsible Organized Mountain Peddlers , thanked the Board for what the District has done for mountain bicyclists . He requested access for bicyclists to the Mt. Umunhum area between Kennedy Road and Lexington Reservoir. V. ADOPTION OF AGENDA K. Duffy stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Issuance of 1988 Variable Rate Demand Notes (Report R-88-13 of January 19 , 1988) M. Foster highlighted portions of the staff report, noting that the sale of the notes was scheduled for completion by February 11 , 1988 . He said that the cost of issuance of the notes stated in his report should be increased by $35, 000 due to an underestimate of legal , printing and rating fees . He introduced Carlo Fowler and Mary Collins of Orrick, Herrington and Sutcliffe, the District ' s Bond Counsel , and Doug Cherchenko, from Prudential-Bache Capital Funding. N. Hanko said that the date the District expanded its boundaries should be July 7 , 1976 , rather than 1986 , as stated on page 24 of the Preliminary Official Statement. Motion: R. Bishop moved that the Board adopt Resolution 88-03 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Issuance of $12 , 500 , 000 Aggregate Principal Amount of Midpeninsula Regional Open Space District Variable Rate Demand Notes , 1988 Series A, Authorizing the Execution and Delivery of an Indenture of Trust, a Purchase Contract , a Remarketing Agreement, and a Letter of Credit and Reimbursement Agreement and Other Meeting 88-02 a ft Page Three Documents and Certificates Relating to Said Notes , and Approving the Official Statement Relating to Said Notes . E. Shelley seconded the motion. The motion passed 7 to 0 . B. Renewal of Investment Authority (Report R-88-04 of January 14 , 1988) Motion: N. Hanko moved that the Board adopt Resolution 88-04 , a Resolution of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Invest Temporarily Idle Funds In Securities Allowed by Government Code. E. Shelley seconded the motion. The motion passed 7 to 0 . C. Guidelines Regarding Distribution of Brochures From Other Organizations on the District ' s Preserves (Report R-88-11 of January 20,_A"8) M. Hale summarized the staff report noting that the District had received a request for permission to distribute informational materials . She said that in as much as this was a precedent-setting request, staff had drafted suggested Interim Guidelines for Board consideration. N. Hanko stated that she was not prepared to support the recommendation at this meeting and would prefer to discuss it at the forthcoming workshop. She expressed her concerns about members of the public being confused by the different brochures that might be available at a site. Discussion focused on whether these additional brochures would be confusing to the public . E. Shelley suggested that this item might have a tentative adoption with a second reading. He also stated that these brochures should be clearly distinguishable from District brochures to avoid confusion by the public . G. Andeen said that he would not be in favor of solicitation of funds by other groups in brochures distributed on District sites . He suggested that the Board approve each brochure individually. E. Shelley stated, and R. Bishop concurred, that the primary reason for allowing other organizations such as Peninsula Open Space Trust (POST) to promote their activity would be because they are compatible with the District and furthering the preservation of open space. Further discussion centered on the qualifications for selection of agencies as stated in guideline No. 1 . Audrey Rust, Executive Director of Peninsula Open Space Meeting 88-02 Page Four Trust (POST) , explained the background for their request to place a brochure at the Purisima Creek Redwoods Open Space Preserve. She said that POST needs a way to be more supportive of District projects , and would view brochures as a promotional piece to raise funds for actual projects , as well as to recognize their assistance in the development of the Preserve. R. McKibbin said that since these would be interim guidelines , he suggested that item No. 4 read, "Brochures for District sites must be submitted to the Board for approval before publication. " Motion: R. Bishop moved that the Board tentatively approve and adopt the guidelines as set forth in the staff report with the guidelines to come back to the Board for final approval . K. Duffy seconded the motion. Discussion: A. Rust proposed that there be a review process after a specified period of time. Dave Sutton, Director of the Trail Center, said that he supported the concept of distribution of brochures but that he had concerns on how organizations providing services could demonstrate the monetary qualifications of the first guideline . H. Grench responded that the criteria used would be the same as for State or federal grants where in-kind services, including volunteer services , can be used as matching funds . B. Jones stated that she was concerned with the wording of the first guideline and its impact on organizations like the Trail Center. Motion to Amend: E. Shelley moved that the Board amend guideline No. I to remove "a minimum of $10, 000 in" and replace it with "substantial" . T. Henshaw seconded the motion. Discussion: R. Bishop spoke in favor of leaving the $10 , 000 figure in the guidelines . Mary Childress, P.O. Box 46 , Loma Mar, suggested the criteria for selection of organizations might include 1) setting a dollar amount for a planning area rather than a preserve and 2) basing selection on organizations that have furnished stewardship of public lands , and she suggested that a permanent type of glass-enclosed display case be installed for the brochures . Meeting 88-02 d ft Page Five The motion to amend passed 4 to 3 on the following vote : Ayes : E. Shelley, T. Henshaw, K. Duffy, and R. McKibbin. Noes : G. Andeen, R. Bishop, and N. Hanko. Motion to Amend: R. McKibbin moved that the Board change guideline No. 4 to read, "Brochures for District site distribution must be submitted to the Board for approval before publication. " N. Hanko seconded the motion . Discussion: T. Henshaw stated that she would be voting against the motion to amend because she felt that it was not the Board ' s responsibility to review brochures . E. Shelley stated his concurrence , adding that he would support an additional requirement whereby the Board would approve requests for distribution. The motion to amend failed to pass on a 3 to 4 vote. Ayes : R. McKibbin, N. Hanko, and G. Andeen. Noes : E. Shelley, T. Henshaw, R. Bishop, and K. Duffy. Motion to Amend: E. Shelley moved that the Board amend the motion to approve of the guidelines in principle with staff to return them to the Board at the next meeting for approval . T. Henshaw seconded the motion. The motion to amend passed 7 to 0 . Motion to Amend: E. Shelley moved that the guidelines be amended to include the requirement that the request for distribution of brochures on any specific site be brought to the Board for approval . N. Hanko seconded the motion. The motion to amend passed 7 to 0 . Motion to Amend: N. Hanko moved that it be the intention of the Board to include the statement that funds requested by an organization be spent on specific projects mentioned in the brochure . The motion to amend died for lack of a second. The main motion passed 6 to 1 , with N. Hankc, voting against the motion. D. Final Adoption of the Revised Relative Site Emphasis Meeting 88-02 40 Page Six Plan and Schedule for Review of Use and Management Plans (Report 88-15 of January_21 , 1988) D. Hansen stated that staff had received no public comment on the report since the January 13 Board meeting. K. Duffy asked if it would be possible to accelerate trail construction projects listed in the report . D. Woods responded that he had recently met with POST and San Mateo County representatives to try to find alternatives to expedite trail construction, and two or three potential contractors had been identified. K. Duffy requested that staff return to the Board in six months with an oral report on the progress that had been made on ways to expedite trail building and work forces involved. Motion: R. Bishop moved that the Board adopt the revised Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule as contained in report R-88-10 and accept as a general guideline the trail construction schedule as contained in attachment "C" . T. Henshaw seconded the motion. The motion passed 7 to 0. E. Final Adoption of the Preliminary Use and Management Plan for the Tax Deeded Property Addition to the Saratoga Gap 0 en Space Preserve (Report_88-12 of January 20, _1984) D. Hansen stated that staff had received no further public comment on this property. K. Duffy requested that staff include a statement in acquisition reports as to when the Use and Management Plan for the entire preserve to which the property was being added would next be presented to the Board for review. Motion: N. Hanko moved that the Board adopt the Preliminary Use and Management Plan for the tax deeded property addition to the Saratoga Gap Open Space Preserve, including the naming, as contained in report R-87-69 and indicate its intention to withhold the property from dedication as public open space at this time. R. McKibbin seconded the motion. The motion passed 7 to 0 . President Duffy called a recess at 9 : 07 P.M. ; the Board meeting reconvened at 9: 15 P.M. F. Appointment of Board Committees (Report 88-06 of January 5, 1988) Meeting 88-02 Page Seven Motion: K. Duffy moved that the Board confirm her appointment of Directors Hanko, Shelley and Andeen to the Budget Committee for 1988 . T. Henshaw seconded the motion. The motion passed 7 to 0 . K. Duffy stated the Board' s consensus that the Budget Committee should handle discussions concerning Board appointees ' salaries with them in behalf of the Board. Motion: K. Duffy moved that the Board confirm her appointment of Directors Henshaw, Bishop, and McKibbin to the Legislative Committee for 1988 . T. Henshaw seconded the motion. The motion passed 7 to 0 . K. Duffy stated that the Open Space Management Budget Committee would be retained until the Committee completed its assignment. She said the Dog Committee will continue with its same membership. She requested that staff provide an informational review regarding office space discussions and future activities in this area. She said the Office Space Committee membership would continue as is at the present time. K. Duffy stated the Board ' s consensus that the Public Transportation Committee remain intact and that the committee return to the Board with a report on its task list and goals in six months . President Duffy stated that the Picchetti Winery Restoration Committee , the Thornewood Restoration Review Committee , and the Fremont Older Adobe Restoration Review Committee appointments would continue as stated in the staff report. Motion: E. Shelley moved that the Board disband the Santa Clara County Parks and Recreation Commission Liaison Committee . T. Henshaw seconded the motion. The motion passed 7 to 0 . Motion: N. Hanko moved that the Board disband the Stevens Canyon Trail Corridor Liaison Committee . E. Shelley seconded the motion. The motion passed 7 to 0 . K. Duffy appointed E. Shelley to the vacant position on the Land Acquisition Policy Committee and directed that the Committee return soon with a report on developed communities . She stated that N. Hanko had agreed to continue to serve on the Preservation 2020 Task Force and appointed G. Andeen to serve with N. Hanko on the Docent and Staff Recognition Committee. Meeting 88-02 M Page Eight Motion: E. Shelley moved that the Board disband the Skyline Boulevard Field Trip Follow-Up Committee. R. Bishop seconded the motion. The motion passed 7 to 0 . President Duffy said that T. Henshaw would continue to serve on the "Ring Around the Bay" Advisory Committee. Motion: R. Bishop moved that the Board disband Ward 2 Vacancy Interview and Selection Process Committee. E. Shelley seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board disband the La Honda Creek Open Space Preserve Neighbor Liaison Committee. T. Henshaw seconded the motion. The motion passed 7 to 0. G. Mid-Year Program Evaluation for 1987-1988 Fiscal Year (Report 88--14 of January 19_,_ 1988) H. Grench reviewed the purpose of the mid-year evaluation and he noted that the Communications Program was the area that was most overextended due to added workload that will prevent completion of some projects . Aside from that, he stated that progress was very much on track with the Action Plan. C. Britton reviewed progress in the Open Space Acquisition Program, and noted that a significant amount of time had been spent working on the leases for Picchetti and Fremont Older. Kathy Kennedy-Miller, 16222 Skyline Boulevard, Woodside, questioned when the Brown Act list would be revised. H. Grench responded that staff was working on revising the list using new microfiche data. He reported that no properties had been discussed in Closed Session that were not on the current list without prior announcement . D. Hansen said Open Space Management had made good progress in completing its program goals, working primarily to complete existing projects and major grant development projects . M. Hale said that the fourth draft of the Land Acquisition Policy brochure had been completed and that she anticipated it would be presented to the Board for review next month. J. Fiddes reported on progress in the General Management and Program Support area, including several staff functions that had been held. Meeting 88-02 Page Nine a ft i H. Grench said that Board acceptance of the Action Plan evaluation meant that the Board agreed it was an accurate evaluation of progress thus far . Motion: R. Bishop moved that the Board accept the Action Plan program evaluation presented for the first half of fiscal year 1987-1988 . E. Shelley seconded the motion. The motion passed 7 to 0 . H. Revision of Authorized Signatories for District Accounts and Safe Deposit Boxes (Report R-88-01 of January 19, 1988) Motion: R. Bishop moved that the Board adopt Resolution 88-05, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District For Santa Clara County Accounts . E. Shelley seconded the motion. The motion passed 7 to 0. Motion: R. Bishop moved that the Board adopt Resolution 88-06 , A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Certificate of Authority of Officers (First Interstate Bank of California) . E. Shelley seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board adopt Resolution 88-07 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California-Los Altos) . E. Shelley seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board adopt Resolution 88-08 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos) . E. Shelley seconded the motion. The motion passed 7 to 0 . VII . INFORMATIONAL REPORTS T. Henshaw reported on plans for the January 30 workshop; said that she and D. Woods would be attending the second meeting of the Bay Trail Advisory group on February 4 ; and requested that an item be placed on the February 10 agenda Meeting 88-02 Page Ten to discuss Board attendance at the Special District Forum in Washington, D.C. K. Duffy questioned whether any Board members wanted to attend the Special District Board Management Institute in Santa Barbara at the end of February. R. McKibbin stated he would be interested if he did not have a schedule conflict . Motion: K. Duffy moved that the Board authorize necessary expenditures for R. McKibbin to attend the Special District Management Institute if it did not conflict with his schedule. T. Henshaw seconded the motion. The motion passed 7 to 0 . E. Shelley reported on the current status of proposed north Bayshore development in Mountain View, noting that the Mountain View City Council had voted to delay taking any action on the development until the new Council members had been elected. R. McKibbin reported on the neighborhood meeting that he attended concerning parking at the end of St . Joseph' s Avenue in Los Altos. He said that the residents want to restrict all parking in that area to residents only. K. Duffy requested updated Board and staff rosters . D. Hansen reported on the heavy use at several of the District sites on the previous Sunday. He also reported on the recent meeting of the Bay Area Trails Council that he attended. VIII.CLAIMS Motion: E. Shelley moved that the Board approve Revised Claims 88-02 . N. Hanko seconded the motion. The motion passed 7 to 0 . IX. CLOSED SESSION S . Norton announced that litigation matters to be discussed in Closed Session concerned two matters that fell under Government Code Section 54956 . 9 (bl) . The Board recessed to Closed Session at 10 : 23 P.M. X. ADJOURNMENT The Board reconvened to adjourn the meeting at 11 : 10 P.M. Doris Smith Secretary The minutes of the meeting were approved as corrected. TI. APPROVAL OF MINUTES A. January 27 , 1988 N. Hanko noted that Section II (Approval of Minutes for the Meeting of January 13 , 1988) should be corrected to reflect that the date for the minutes noted in the correction should be December 23, 1987 rather than December 8 , 1987 . Motion: R. Bishop moved that the Board approve the minutes of January 27 , 1988 as corrected. E. Shelley seconded the motion. The motion passed 7 to 0 .