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HomeMy Public PortalAbout19940928 - Minutes - Board of Directors (BOD) taper Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-25 REGULAR AND SPECIAL MEETING _BOARD OF DIRECTORS September 28, 1994 MINUTES I. ROLL CALL President Ginny Babbitt called the Special Meeting to order at 6:34 P.M. Members Present: Ginny Babbitt, Teena Henshaw, Betsy Crowder, Robert McKibbin, and Wim de Wit. Members Absent: Pete Siemens and Nonette Hanko. Personnel Present: Craig Britton, Jean Fiddes, and Sue Schectman. I H. CLOSED SESSION G. Babbitt stated that the Board would be meeting in closed session for the purpose of discussing agenda items number one, two, and three. The Board recessed to the Closed Session Special Meeting at 6:34 P.M. The Special Meeting was adjourned at 7:39 P.M. when G. Babbitt called the Regular Meeting to order. Additional Personnel Present: John Escobar, Malcolm Smith, Randy Anderson, Mary Gundert, Carleen Bruins, and Susan Dale. M. ORAL COMMUNICATIONS Beez Jones, P. O. Box 1149, Cupertino requested that written communication from Sally Perham Chaves, 962 Scorpion Place, Fremont, be removed from the consent calendar. J. Escobar called attention to the new podium which was built for the Board room by Ranger Michael Newburn. IV. ADOPTION OF AGENDA C. Britton corrected the location of two public meetings listed on the agenda, noting the Dog Committee meeting will be at the Los Altos Youth Center and the Use and Management Committee meeting will be held at the Community Center at Rengstorff Park in Mountain View. C. Britton also noted that a letter, dated September 26, 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 Board of Directors:Pete Siemens,Robert NtcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Meeting 94-25 Page 2 i 1994, from Harry Haeussler, 1094 Highland Circle, Los Altos, had been distributed to the Board and pertained to agenda item number two. G. Babbitt said the agenda was adopted by Board consensus. V. ADOPTION OF CONSENT CALENDAR W. de Wit requested Revised Claims 4- C aims 9 17 be removed from eq o the consent calendar for the purpose of clarifying item 6489 and requested clarification of a letter, which was included in the packet of informational material dated September 23, 1994, from Eugene D. Gutt, 1013 Russell Avenue, Los Altos. G. Babbitt requested that the written communication, dated September 19, 1994, from Harry Haeussler, 1094 Highland Circle, Los Altos be removed from the consent calendar. Motion: B. Crowder moved that the Board adopt the consent calendar as revised including adoption of Resolution 94-32, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds for the Local Agency Grant Program - Fiscal Year 1995-1996 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Soda Springs Corridor Acquisition Project. R. McKibbin seconded the motion. The motion passed 5 to 0. VI. WRITTEN COMMUNICATIONS Beez Jones, P. O. Box 1149, Cupertino, suggested that, due to the sensitive nature of the Perham acquisition, Director Hanko be asked to revise the response to the written communication, dated September 15, 1994, from Sally Perham Chaves, 962 Scorpion Place, Fremont. The Board agreed that a revised response be sent to Ms. Chaves. G. Babbitt commented on the written communication, dated September 19, 1994, from Harry Haeussler, 1094 Highland Circle, Los Altos, and clarified the Board's procedure on written communications. Motion: B. Crowder moved that the Board approve the response to H. Haeussler's September 19 written communication. R. McKibbin seconded the motion. The motion passed 5 to 0. VIE. BOARD BUSINESS A. Establishment of a Target Average 6% Growth Guideline for Future Qperating Expenses and Direction to Staff for 1995-1996 Budget Preparation (ReportR- 94-100) C. Britton reported that the Budget Committee had met and reviewed operating expenses for the previous five years and that the committee recommends that the Board approve the establishment of a target average 6% guideline for Meeting 94-25 Page 3 operating expenses. R. McKibbin, chair of the Budget Committee, reported that the committee reviewed the cash flow for the past ten years in addition to the budgets for the past five years and noted that the 6% growth guideline fits the targeted actual growth within the operating budget and still provides the necessary funds to continue with the acquisition program. B. Crowder commented she felt the word guideline should be emphasized and G. Babbitt said the guideline should not be so rigid that it could not be adjusted. H. Haeussler voiced concern that the District maintain a balance between operations and land acquisition and said that the operations department will be too stretched if kept to the 6% guideline. C. Britton explained that the 6% overall target does not mean that each department is held to 6%. R. McKibbin stated that future budget deliberations would include consideration of CPI data, as well as historic tax income growth and trends and noted that the 6% guideline is intended to allow for growth in the operating budget. Motion: R. McKibbin moved that the Board approve the establishment of a target average 6% growth guideline for future operating expenses (salaries and benefits, services and supplies, and fixed assets) and direct staff to present a proposed budget for 1995- 1996 that includes operating expenses at a 5%, 6%, and 7% growth rate. T. Henshaw seconded the motion. The motion passed 5 to 0. B. Authorization for Staff to Arrange the Issuance of Approximately $16 1 Million of Twenty Year Notes for Refinancing Previous Notes and New Land Acquisitions and Authorization for General Manager to Execute Underwriting Agreement with Stone and Youngberg (Report R-94-92) M. Foster highlighted his report to the Board noting that the District had developed a plan to provide about $5 million for new land acquisitions as discussed during budget preparation, as well as now refinancing the remaining $5.9 million of the 1987 Notes and $4.65 million of the 1990 Notes. He said this proposal would result in about an additional $12 million in cash over the next three years, and created no cash flow difficulties. This refinancing would reduce debt service by $7.6 million. He requested that the Board approve the underwriting agreement and note that he planned to use Orrick, Herrington, and Sutcliffe as bonding form for the note issuance. T. Henshaw requested reassurance that the District is not having to borrow funds for overall operating expenses, and M. Foster responded that the District is not permitted to borrow money for operating expenses. H. Haeussler stated that he felt that the Board was not being financially responsible by borrowing money. Meeting 94-25 Page 4 Motion: B. Crowder moved that the Board authorize the general manager to execute the Underwriting Agreement with Stone & Youngberg and authorize staff to take all actions necessary to arrange the issuance of approximately $16.1 million of twenty year notes. T. Henshaw seconded the motion. The motion passed 5-0. C. Appointment of Ward 5 Unopposed Candidate (Nonette Hanko) M=rt R-94- 26J G. Babbitt reported that in an effort to save money, the Board had approved not listing unopposed candidate Nonette Hanko on the November ballot. T. Henshaw and R. McKibbin commented that they wished election costs were less so that unopposed candidates were listed on the ballots as a means of increasing public awareness of the District. Beez Jones commented she understood the District's financial reasons for not listing unopposed candidates, but noted that many voters may not even know the District's Board is elected. Motion: B. Crowder moved that the Board adopt Resolution 94-31, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Nonette Hanko Director - Ward 5 of the Board of Directors of the Midpeninsula Regional Open Space District. R. McKibbin seconded the motion. The motion passed 5-0. D. Authorization to Emend $26,000 for Phase I Improvement at the David C. Daniels Nature Center at Skyline Ridge Qpen Space Preserve and for Staff to Proceed with Insulation Installation and Ceiling Work at the Center aL%= R- 94-99) M. Gundert reviewed the staff report, noting that Phase I improvements consist of the Alpine Pond community mural, pond strata mobiles, a lab station and library, and window shades that serve as field guides to the local flora and fauna. She reported the ceiling is unfinished and staff would like to insulate and paint the ceiling and that enough money would be available from the utility development portion of the project to include this work. M. Gundert reported that the District's application to the Environmental Education Grant program in the amount of$15,000 had been denied and that the grant review committee cited an incomplete environmental education program plan as the primary reason. She stated that POST is interested in donating $5,000 and the Daniel's family is interested in funding the display on the outside of the structure. She reported that out of the $36,000 cost of i Meeting 94-25 Page 5 constructing Phase I improvements, $26,000 is budgeted and the priority improvements are the lab station, library, and community mural. In response to a question from R. McKibbin, M. Gundert said that the $26,000 in expenses could not be used retroactively as matching funds for a future grant. C. Bruins briefed the Board on the development of an environmental education program for the center, noting such a plan enhances the District's chances for a successful grant application next year. B. Crowder inquired as to the cost of installing utilities and suggested that staff tie in with the environmental volunteers or schools as staffing sources for the Nature Center. M. Gundert responded the cost for PG&E to install utilities would be $750. W. de Wit volunteered to be a nature center docent. B. Crowder and R. Anderson left at 8:35 P.M. prior to the vote on the motion to attend a meeting at the Town of Portola Valley regarding an agenda item on undergrounding of utilities for the Windy Hill parking lot project. Motion: T. Henshaw moved that the Board authorize expenditure of the $26,000 budgeted in fiscal year 1994-1995 for the Phase I improvements to the David C. Daniels Nature Center and authorize staff to proceed with installing insulation and finishing work on the ceiling. W. de Wit seconded the motion. The motion passed 4 to 0. E. Amendment to the Use and Management Plans for Monte Bello, Long Ridge and La Honda Creek Oren Space Preserves and Authorization to Solicit Bids for Removal of the Black Mountain Structure the Former Mu i_9 0s, d Cabin. and the Former Fletcher Duplex enort R-94-98) M. Gundert explained the reasons demolition of the three structures was recommended and presented pictures and slides depicting the condition of the structures. She reported that $35,000 was included in the 1994-1995 fiscal year budget for this project, but added that this amount was not expected to be sufficient to cover the cost of all three demolition projects. She said that additional funds needed were available from other projects that cannot be completed in the fiscal year. Motion: R. McKibbin moved that the Board tentatively adopt the amendments to the Use and Management Plan for Monte Bello Open Space Preserve to demolish the remaining structures on Black Mountain; Long Ridge Open Space Preserve to demolish Meeting 94-25 page 6 the structure on the former Mud property and La Honda Creek Open Space Preserve to demolish the structure located on the former Fletcher property and authorize staff to solicit bids to remove the structures on Black Mountain, the former Mud property and the former Fletcher property. W. de Wit seconded the motion. The motion passed 4-0. VHI. REVISED CLAIMS W. de Wit requested more information on Revised Claims 94-17 item 6489 for permits from Santa Clara County Department of Environmental Health. J. Escobar responded these were permits to store waste oils and other hazardous materials at both field yard storage areas. Motion: T. Henshaw moved that the Board adopt Revised Claims 94-17. W. de Wit seconded the motion. The motion passed 4-0. IX. INFORMATIONAL REPORTS W. de Wit, referring to the letter from Eugene Gutt, 1013 Russell Avenue, Los Altos, questioned the location of the Garrod Stables and what was meant by the statement regarding development of policies for commercial use of District land. C. Britton responded the stables are adjacent to Fremont Older Open Space Preserve and that staff is developing, for Board consideration, policies and procedures for activities and events that occur or could possibly occur on District land. i C. Britton reported that 1) he and G. Babbitt will be attending the Deer Hollow Farm recognition event on Sunday, October 2; 2) he had met with Larry Coons, Acting General Manager of South County Open Space Authority; 3) the Alzheimer's Association moved into the leased space at 330 Distel and staff hosted a September 28 reception to meet the association's staff, 4) he and P. Siemens attended a meeting of the Santa Clara County Special District's Association to discuss LAFCO representation; 5) he, R. Anderson, and M. Smith met with Assistant Mayor Bill Vines of East Palo Alto to discuss Bay access at Cooley Landing; and 6) Joan Jamison had signed agreements for the proposed Jacques Ridge acquisition. He distributed copies of the draft diagram, Stages in Preserve Development - Opportunities for Public Input, which shows the basic stages in the creation of an open space preserve, for the Board's review. M. Gundert reported on the Hosking dump clean-up project at El Corte de Madera n Space Preserve. She noted that rant funding may be v � F g g y available for removing toxic materials. R. McKibbin reported that he attended the event at the Presidio where the Presidio Meeting 94-25 Page 7 was passed to the park service, noting he had the opportunity to shake hands with Vice President Gore. G. Babbitt reported the City of Sunnyvale's Parks and Recreation Commission's opposition to the Stevens Creek Trail tannin through the creek due to numerous PPo g g ro owners and noted a street alignment for the trail was proposed. Pe P rty g F Po M. Smith played a tape recording of his KGO radio interview on the use of radar and a video of a Channel 2 news report of a mountain lion sighting in a Los Altos Hills g g neighborhood. J. Escobar reported on 1) two bicycle accidents at Purisima Creek Redwoods and Long Ridge Open Space Preserves and a search at El Corte de Madera Open Space Preserve for an overdue bicyclist; 2) the candidate field tour which took place on Saturday, September 17, and 3) the opening of the Jones Trail on October 1. X. ADJOURNMENT The meeting was adjourned at 9:11 P.M. Susan Dale Recording Secretary 4 n CORRECTIONS TO THE MINUTES OF SEVrEMER 28, 1994 II VI. APPROVAL OF MINUTES S"mhoj 28, 1994 J. Fiddes stated that Controller Michael Foster had requested that Section B, page three of the minutes (Authorization for Staff to Arrange the Issuance of Approximately $16.1 Million of Twenty Year Notes for Refinancing Previous Notes and New Land Acquisitions and Authorization for General Manager to Execute Underwriting Agreement with Stone & Youngberg) be amended to read: "This refinancing would reduce debt service Over the next two and one-half years, by $7.6 million. He requested that the Board approve the underwriting rZ agreement with Stone & YQmngbc and note_d that he planned to use Orrick, Herrington, and Sutcliffe as bond counsel for the note issuance." Motion: P. Siemens moved that the Board approve the amended minutes of September 28, 1994. R. McKibbin seconded the motion. The motion passed 6 to 0. B. Crowder was not present for the vote.