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HomeMy Public PortalAbout19930714 - Minutes - Board of Directors (BOD) w Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-13 REGULAR MEETING BOARD OF DIRECTORS July 14, 1993 MINUTES I. ROLL CALL President Be tsy ets Crowder ca lled ed them mee ting eet to order at 7:30 P.M. g Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nonette Hanko, Robert McKibbin, and Pete Siemens. Member Absent: Teena Henshaw. Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith, Del Woods, and Deborah Zucker. II. ORAL COMMUNICATIONS There were no oral communications. III. ADOPTION OF AGENDA J. Fiddes requested that the Proposed Option for Addition of Acronico Property to Long Ridge Open Space Preserve agenda item be considered later in the meeting when C. Britton arrived from Sacramento. B. Crowder stated that the agenda, as revised, was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR The following requests were made to remove items from the consent calendar: N. Hanko - Revised Claims 93-11; G. Babbitt - Solicitation of Bids for Rancho San Antonio Field Office Expansion. l Motion: R. McKibbin moved that the Board adopt the consent calendar, as revised, including direction to staff to respond to the written communication dated June 23, 1993 from the Santa Clara County Grand Jury, the adoption of Resolution 93-23, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Bay Trail Awareness Week, and revisions to the District benefit plan, including the addition of post-retirement health care Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General8lanager:Herhert Grench hoard of Directors:Pete Sierra ns,Rohert McKibbin,Teem Henshaw,Ginn BAN It,Nanette Hanko,Betsy Crowder,Wim de Wit Meeting 93-13 Page 2 coverage for nonrepresented employees, with monthly premiums fully paid by the employee. P. Siemens seconded the motion. The motion passed 6 to 0. I V. BOARD BUSINESS A. Issuance of 1993 Certificates of Participation (Report R-93-74) M. Foster stated that the 1993-1994 budget adopted by the Board included the issuance of about $14.6 million of certificates to refinance the 1990 Certificates of Participation and to obtain $3 million additional land acquisition funds to meet 1993- 1994 land acquisition commitments. He recommended, based on the outcome of the state budget, that the Board approve an increase in the issuance of 1993 Certificates of Participation to $17.2 million, which would yield $5 million of new land acquisition funds. He stated that the present value savings on the refinancing portion of the issue would exceed $500,000 over the life of the certificates and that the District would only increase its debt service payments by $160,000 over the next four fiscal years. He introduced Doug Charchenko, Kidder, Peabody & Co., the underwriter for the transaction, and Rhett Currier of Orrick, Herrington and Sutcliffe, bond counsel for the transaction. Motion: N. Hanko moved that the Board adopt Resolution 93-24, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District j Authorizing the Execution and Delivery of a Site Lease, a Project Lease, a Trust Agreement and a Certificates of Participation Purchase Contract I Relating to the Midpeninsula Regional Open Space District Certificates of Participation (1993 Open Space Project), Approving a Preliminary Official Statement and an Official Statement for Such Certificates of Participation and Approving Certain Other Matters in Connection Therewith. R. McKibbin seconded the motion. The motion passed 6 to 0. B. Volunteer Trail Patrol Program (Report R-93-71) J. Escobar reported that the Volunteer Trail Patrol Program was one of the mitigation measures included in the adopted Trail Use Guidelines and Mitigation Measures. He introduced Joan Young, volunteer coordinator, who explained the purposes and the proposed implementation of the volunteer trail patrol. She stated that 30 patrol volunteers would be trained in September by District staff and that patrols would begin in October. She said that first aid training would be recommended but not required. i i i Meeting 93-13 Page 3 Board discussion focused on the Board's support of the program, worker's compensation for volunteers, and provision of radios for volunteers. Peter Fournier, R.O.M.P., 3241 Greentree Way, San Jose, said that he was delighted with the District's decision to create a volunteer patrol, recommended helmet covers, rather than vests, to designate volunteer bicycle patrol members, and said that radio contact would be very important for volunteers. C. Solicitation of Bids for Rancho San Antonio Field Office Re ort Expansion R-93-76 p (Report ) G. Babbitt asked the Budget Committee if the Board would receive a report on the District's budget and on the effect of the release of funds for the expansion. R. McKibbin stated that the expansion had already been approved for the 1993-1994 budget and that the hold had been put on the project pending the outcome of the state budget. He said the Budget Committee would be reporting to the Board on projects that had been placed on hold or initially not included in the budget. J. Fiddes said that a Budget Committee meeting was scheduled for July 28 at 6:00 P.M. Motion: G. Babbitt moved that the Board authorize staff to solicit competitive bids from independent contractors for expansion of the field office at Rancho San Antonio Open Space Preserve. ?. Siemens seconded the motion. The motion passed 6 to 0. B. Crowder stated that the Board would consider Revised Claims before considering the report on the Proposed Option for Addition of Acronico Property. V1. CLAIMS N. Hanko asked for an itemization of claim number 4427 for Herbert Grench. J. Fiddes stated that it was for trips to Sacramento on May 12 and June 16 during the state budget negotiations. She said the expenses were for air fare, automobile expenses, parking, and non-local telephone expenses. Motion: N. Hanko moved that the Board approve Revised Claims 93-11. B. Crowder seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS (continued) D. Proposed Option for Addition of Acronico Property to Long Ridge Open Space Preserve (Report R-93-77) D. Woods described the 179-acre property and showed its location between Long Ridge and Skyline Ridge Open Space Preserves on a wall map. He said that the �I Meeting 93-13 Page 4 property encompassed the headwaters of Peters Creek. He showed slides that included the property's steep sandstone formations, waterfalls, forest, watershed, magnificent views, and wildlife habitat. He said that the District had been involved with rescue operations in the area and that the only trail work that had been done was some tree clearing to facilitate rescues. He stated that a trail through the property connecting Long Ridge and Skyline Ridge Open Space Preserves was unlikely because of the steepness of the terrain. J. Escobar stated that less than 10% of the accidents reported in the area were recreational climbing accidents. D. Woods said that the District's legal counsel would be involved in review of the signing program for the property. C. Britton stated that the option would give the District the right to purchase the property before December 31, 1994 for a purchase price of $690,000. He said that the option agreement required a payment, upon execution of the agreement, of $40,000, applicable to the purchase price. He said that an additional payment of $20,000 would be made by the District and $5,000 would be paid by insurance companies to Mark Budart, who had performed bulldozing work on the property during the period of his prior contingency agreement for the purchase of the property, and for which he was entitled to payment in settlement of his claim against the property owners. He stated that the total cost for the purchase, including net settlement costs, would be $710,000. R. McKibbin asked about the minor cross-complaint referred to in the report. C. Britton stated that it was a claim for real estate commissions for the prior purchase agreement between Mark Budart and the Acronicos. Motion: N. Hanko moved that the Board adopt Resolution 93-25, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Option Agreement, Authorizing Officer to Execute Memorandum of Agreement, and Authorizing Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Acronico). R. McKibbin seconded the motion. The motion passed 6 to 0. VIIl. INFORMATIONAL REPORTS G. Babbitt proposed a review process by the Dog Committee for canine access to District preserves similar to the resource management review process. The Dog Committee agreed to begin the process by holding a public workshop on September 28, 1993 at 7:30 P.M. G. Babbitt stated that the place of the meeting would be determined and a notice Meeting 93-13 Page 5 would be included in the next District newsletter. D. Woods stated that people who had previously expressed interest in canine access, as well as others on the resource management mailing list, would be informed of upcoming planning activities for both resource management and canine access. B. Crowder stated that San Mateo County Supervisor Ruben Barrales would hold a meeting concerning Ed ew o d County Park on Wednesday, July 23. W. de Wit said that he was collecting signatures for the CALPAW initiative. C. Britton stated that the District settled the permanent easement for access to El Sereno at Overlook Drive for the former Stevens ro College property. He said that the District paid P P $500 in the settlement securing the District's patrol rights, and that the drive would not be for public use. He announced that a Rails-to-Trails conference was upcoming on September 29 and that the District was one of the conference hosts. G. Babbitt said she was interested in attending the conference. C. Britton reported that the San Mateo County Board of Supervisors would be considering the matter of creating a park in perpetuity at Edgewood County Park at its July 27 meeting, including a recommendation to grant Golden Gate National Recreation Area an easement over the property. C. Britton reported on his July 14 trip to Sacramento. He stated that signatures were being collected for the CALPAW initiative; that California Park and Recreation Society was not supporting the motor vehicle tax initiative that would benefit state and local parks and recreation districts. He noted that the initiative, however, was moving ahead with support from others. He proposed that the Board express special thanks in the form of loan of District photographs to Senator Rebecca Morgan and Assembly Members Byron Sher and Chuck Quackenbush for their support of the District in their state budget recommendations. He also recommended that District legislative counsel, Ralph Heim, be paid an additional $2,000 for the extra time he spent on lobbying activities for the District during the state budget deliberations. The Board concurred with his recommendations. M. Smith said that media training for the Board and some members of the staff would begin with a training session on July 15. R. Anderson reported that the Saratoga Planning Commission voted three to two in a recent meeting not to extend the city's sphere of influence. He reminded the Board that the Resource Management Committee should be formed as soon as possible in order that the process established at the last Board meeting stay on schedule. B. Crowder stated that she would be contacting Board members to determine who was interested in serving on the committee. Meeting 93-13 Page 6 J. Escobar reported that he attended the Mountain View City Council meeting on July 13 to hear its discussion about Deer Hollow Farm at Rancho San Antonio Open Space Preserve. He said that the meeting was adjourned before the item could be discussed. He summarized incidents on District preserves, including four bike accidents and one jogging accident. C. Britton reviewed the protocol for non-committee members of the Board attending noticed committee meetings as observers. IX. CLOSED SESSION C. Britton announced that a litigation matter to be discussed in Closed Session, M.R.O.S.D vs. Meyer, fell under Government Code Section 54956.9 (a). The Board recessed to Closed Session on litigation and personnel matters at 9:20 P.M. X. ADJOURNMENT The meeting was adjourned at 10:00 P.M. Deborah Zucker Recording Secretary