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HomeMy Public PortalAbout19820609 - Minutes - Board of Directors (BOD) leeting 82-11 dA. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING BOARD OF DIRECTORS MINUTES JUNE 9 , 1982 I. ROLL CALL President Katherine Duffy called the meeting to order at 7 :10 P.M. Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Personnel Present During the Meeting: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Jean Fiddes , Stanley Norton, Michael Foster, William Tannenbaum. II. CLOSED SESSION The Board recessed to Closed Session on personnel matters at 7 : 11 P.M. and reconvened for the public meeting at 8 :08 P.M. K. Duffy stated Matthew Allen had a time conflict and requested the Board' s concurrence to proceed immediately to Special Orders of the Day. The Board concurred with the change in the agenda. III. SPECIAL ORDERS OF THE DAY Motion: E. Shelley moved the approval of Resolution 82-20 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Expressing Its Appreciation to Matthew A. Allen. N. Hanko seconded the motion. The motion passed unanimously. Mr. Allen thanked the Board for the resolution of appreciation presented to him. IV. APPROVAL OF MINUTES A. May 26 , 1982 Motion: R. Bishop moved the approval of the minutes of May 26 , 1982 . B. Green seconded the motion. The motion passed unanimously. V. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received the following written communications : 1) a letter, dated May 25 , 1982 , from R. W. Phillips , Vice President, Calprop Corporation, 840 Hinckley Road, Suite 250 , Burlingame, California 94010 , stating the corporation wished to purchase the Hassler Health Home Property for redevelop- ment, requesting the General Manager consider allowing corporation representatives to present their ideas to the Board, and requesting the item be placed on the Board ' s next agenda for a public hearing to abandon the eminent domain lawsuit. Herbert A Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G Shelley,Harry A Turner,Daniel G.Wendin Meeting 82-11 Page two 2) a letter, dated June 8 , 1982 , from Thomas J. Nolan, Executive Director, Growth Policy Council of San Mateo County, 2121 South El Camino Real, Suite 60 , San Mateo, stating the Board of Directors of the Council wished to go on record in support of the proposed private acquisition and redevelopment of the Hassler Health Home site near San Carlos. She noted Mr. Phillips was in the audience , and K. Duffy stated Mr. Phillips could address the Board under Oral Communications. VI. ADOPTION OF ADENDA K. Duffy indicated the agenda was adopted as presented. VII. ORAL COMMUNICATIONS Mr. R. W. Phillips , Vice President, Calprop Corporation, addressed the Board and discussed his firm's interest in the Hassler Health Home property and its proposal to construct housing units for senior citizens on 50 to 60 acres of the property, with the remain- ing 230 acres set aside for public use and/or open space. He stated he had submitted, in September 1980 , a $3. 6 million offer with terms to the City of San Francisco for the property and later revised the offer to $3 million in cash. R. Bishop commented on the public support the District had received for its plan to acquire the property, and stated he felt the District should proceed with its current acquisition plans , including the use of eminent domain, if necessary. The Board did not take any action to place the item on a future agenda. Dena Mossar, representing the Loma Prieta Chapter of the Sierra Club, informed the Board that some of the members of the Board of Super- . visors of Santa Clara County were considering placing a measure on the ballot by December, 1982 to divert some portion of Measure A funds , used for the acquisition, development, and maintenance of parks , to the County's General Fund. She stated the Sierra Club and the Committee for Green Foothills felt the diversion of as much as 50% of the Measure A funds could mean the end of the development of the urban park system in the County. She requested the Board do what it deemed appropriate on this matter. Motion: E. Shelley moved the Board direct staff to schedule a joint meeting/workshop with Santa Clara County officials to discuss this topic and other topics of interest to the District and the County. B. Green seconded the motion. The motion passed unanimously. VIII. OLD BUSINESS WITH ACTION REQUESTED A. Response to Requests from R. Bullis D. Hansen reviewed memorandum M-82-55, dated June 3 , 1982 , regarding Mr. Bullis 's request to graze horses on portions of the Skyline Ridge Open Space Preserve. He noted Mr. Bullis was not present at the meeting and said a letter from Mr. Larry Costello, Farm Advisor, Cooperative Extension, University of California, County of San Mateo, was attached to the memorandum. D. Hansen stated that because of the information contained in Mr. Costello 's letter and the District 's position of not allowing the Wasserman family to graze the same area, staff still Meeting 82-11 Page three recommended the Board deny Mr. Bullis ' s request. Motion: E. Shelley moved the Board deny Mr. Bullis 's request to graze the District ' s Skyline Ridge Open Space Preserve. H. Turner seconded the motion. The motion passed unanimously. D. Hansen stated Mr. Bullis had removed the no trepassing signs , which were previously on District property. B. Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1982-1983 . H. Grench reviewed report R-82-22 , dated June 1, 1982 , calling attention to the changes that had been made in the Action Plan for 1982-83 since the Board reviewed the preliminary Action Plan at their meeting of March 10 , 1982 . Motion: H. Turner moved the adoption of the attached Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1982-83 Fiscal year. E. Shelley seconded the motion. The motion passed unanimously. IX. NEW BUSINESS WITH ACTION REQUESTED A. Adoption of New Salary Ranges for 1982-83 H. Grench reviewed report R-82-23 , dated May 24 , 1982 , stated he recommended a nine point (9. 4%) or ten point increase for the salary ranges of all General Manager appointees , indicated he was not recommending any changes in the internal relationships of District positions, and reviewed salary changes that had occurred at the East Bay Regional Open Space District over the past three years. Gary Foss , the District 's personnel consultant reviewed salary data for the private sector in the area. Motion: E. Shelley moved an eight point (8 . 3%) adjustment for the salary ranges of all General Manager appointees effective July 1, 1982 . N. Hanko seconded the motion. Discussion: Directors Bishop, Duffy, and Turner discussed the reasons they supported an eight point increase. Director Wendin stated he supported a nine point increase, noting the District was not in financial trouble, like other government agencies , and had a strong group of employees . The motion passed on the following vote: AYES: Duffy, Shelley, Hanko , Green, Turner , and Bishop NOES: Wendin X. OLD BUSINESS WITH ACTION REQUESTED, continued C. Adoption of Preliminary Budget for Fiscal Year 1982-83 H. Grench introduced the staff report R-82-24 , dated June 2 , 1982 , on the adoption of the preliminary budget for the 1982-1983 fiscal year and distributed a revised copy of Exhibit A which reflected the 8. 3% change in salaries for all General Manager appointees. In response to a question from Beez Jones , he explained the District' s sources for funding. Meeting 82-11 Page four Motion: E. Shelley moved the approval of Resolution 82-21 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting the Preliminary Budget for Fiscal Year 1982-83 ; H. Turner seconded the motion. Discussion: D. Wendin, speaking in behalf of the budget Committee , stated the budget included funds for a replacement vehicle and a tractor, and H. Turner stated the Budget Committee recommended no change in the current level of compensation received by Directors. The motion to adopt the preliminary budget passed unanimously. Motion: R. Bishop moved the Board approve the amended Policy for Payment of Professional Dues and Memberships that increases the District 's conditional reimbursement for General Manager appointees to the lesser of $50 or one-half of annual dues or memberships. D. Wendin seconded the motion. Discussion: D. Wendin stated the Budget Committee supported the increase in the conditional reimbursement because it reflected inflationary increases in fees and, in each case , was subject to the General Manager 's approval based on being shown the reimbursement was commensurate with direct savings to the District. E. Shelley spoke against the motion, noting membership dues in a professional society are the responsibility of the professional involved, not the employing organization. The motion passed on the following vote: AYES: Duffy, Wendin, Green, Hanko, Turner, and Bishop NOES: Shelley D. Wendin stated the Budget Committee needed to work on the specific wording of the proposed amendment to the Open Space Management Budget Policies dealing with trade-in values and resale proceeds at a future Budget Committee meeting in order to cover situations like a resale/trade-in and new purchases taking place in different fiscal years. Motion: D. Wendin moved the Board approve in principle the statement as to the amendment to the Open Space Management Budget Policies. R. Bishop seconded the motion. The motion passed unanimously. D. Request for Vehicle Acquisition and Replacement, Open Space Management 1982-83 Budget D. Hansen, referring to memorandum M-82-54 , dated June 3 , 1982 , stated staff had presented its report to the Board on the purchase of a replacement vehicle for the Jeep Wagoneer and the acquisition of a small tractor and ancillary trailer at the May 26 , Board meeting. Motion: R. Bishop moved the Board authorize the purchase of a four-wheel drive tractor and trailer and approve the attached Resolution 82-22 required for the purchase of a vehicle through the Department of General Services of the State of California. H. Turner seconded the Meeting 82-11 Page five motion. The motion passed unanimously. XI. NEW BUSINESS WITH ACTION REQUESTED, continued B. Los Gatos Creek Park Acquisition Project - Amendment to Joint Powers Agreement and Transfer of Land and Water Conservation Fund Grant C. Britton reviewed report R-82-26 , dated June 4 , 1982 , noting the Los Gatos Town Council had approved with minor changes , the second amendment to the Joint Powers Agreement at its June 7 meeting. He stated the changes to the Amendment to the Joint Powers Agreement were: 1) Page Three-Section 4 - Paragraph 6 (Title) : Add "which form is hereby approved by the parties hereto" after the word "reference" in the last sentence. 2) Page Three - Section 4 - Paragraph 10 - Open Space Use - Subparagraph B (Development) : Change the word "approval" in the second sentence to "recommendation" . 3) Page Three - Section 4 - Paragraph 10 - Open Space Use - Subparagraph C (Management) : Correct the spelling of "purposes" . 4) Page 6 of 7 - Exhibit C (Park, Recreation, Scenic and Open Space Easement) - Paragraph 11 (Amendment and Termination) - Strike the word "or" in the second line and insert the words "with written consent of DISTRICT" after the word "may" in the third line. C. Britton noted the District and the Town of Los Gatos would still be partners in the project, but the District would assume a full leadership role. Motion: H. Turner moved the approval of Resolution 82-23 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Amendment to Joint Powers Agreement (as Amended) for Purchase of Real Property, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Los Gatos Creek Park) . R. Bishop seconded the motion. The motion passed unanimously. C. Britton explained the Board needed to adopt the second resolution in order for the District to assume the lead responsibility for the project's federal Land and Water Conservation Fund grant. He noted the transfer of the grant was contingent upon the State 's approval. Motion: B. Green moved the adoption of Resolution 82-24 , a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Approving Project Number 06-00773 (Land and Water Conservation Fund Program) Related to Los Gatos Creek Park Acquisition Project; Accepting Transfer of Said Project and Authorizing General Manager to Execute Amendment to Project Agreement and Any and All Other Documents Necessary Thereto. E. Shelley seconded the motion. The motion passed unanimously. Meeting 82-11 Page S,.,ix C. Policies for Road Maintenance Agreements D. Hansen reviewed memorandum M-82-56 , dated May 26 , 1982 , and summarized the content of each of the five paragraphs in the proposed policies for road maintenance agreements. Steven Stuckey, 22600 Prospect Road, Cupertino, questioned the state- ment that equestrian use should not be considered in road maintenance agreements , noting that a participant in a road maintenance agreement might be responsible for maintaining a road that was being used as a trail by equestrians. Discussion centered on how the District could evaluate what percentage of road repair resulted from pedestrian, equestrian, or bicycle use. E. Shelley suggested a formula whereby the District could allocate funds equal to the average cost per unit length of the District-wide trials for maintenance where there was a multiple use and said that amount could be taken off the top. S. Stuckey suggested the last sentence of the fourth paragraph of the proposed policy be deleted. N. Hanko suggested the word "not" be deleted from the sentence referred to by Mr. Stuckey, and D. Wendin said he could support such a change if the words "only when it can be shown it effects repair and maintenance costs" be added to the end of the sentence. Motion: E. Shelley moved the Board instruct staff to return at the next reading of this item with recommended language to implement the intent of the District paying the fair share for the maintenance required as a result of equestrian, pedestrian, and bicycle use. R. Bishop seconded the motion. Discussion; D. Wendin requested the minutes reflect that the notion did mean that the formula, previously mentioned by E. Shelley during the discussion, would be adopted based on pedestrian, equestrian, and bicycle, but rather actual effect of such use would have to be shown. E. Shelley concurred with D. Wendin 's clarifi- cation for the motion. K. Duffy stated she would prefer to see a set formula established. Tom Harrington, 4201 Page Mill Road, expressed his objection to the statement in paragraph two concerning regarding full additional costs being borne by a participant in an agreement who wanted a higher level of road improvement or maintenance. Mr. Harrington stated he felt addition- al costs should be agreed upon and borne proportionately since the District benefits proportionately, stated he did not feel paragraphs two and four were consistent with being a good neighbor, and asked how a party in- volved in a road agreement with the District could appeal a decision made by staff. H. Grench responded a property owner could appeal to the Board if not satisfied with a staff determination. N. Hanko suggested staff delete the word "full" in the third sentence of paragraph two, and R. Bishop suggested staff might want to incorporate a sentence to the effect that "If doing the higher grade job will result in lower maintenance costs to the District, that could be taken into consideration. " Meeting 82-11 Page seven Motion to Amend: E. Shelley moved the staff consider the following wording changes in conjunction with the referral of the item back to staff for the next meeting: Add to the third sentence of paragraph two the words "or benefit to" after the word "by" and add to the fourth sentence of paragraph two the words "or beneficial to the District" after the word "necessary". N. Hanko seconded the motion to amend. The motion to amend passed unanimously. Discussion: H. Turner suggested the wording of the second sentence of paragraph one be changed to delete the word "minimize" and incorporate the concept the District would seek to find appropriate repair and maintenance costs. N. Hanko concurred with H. Turner suggestion. Motion to Amend: D. Wendin moved to amend the motion to add words to the second sentence of paragraph one to make it clear that the minimization of cost is over time. B. Green seconded the motion. The motion passed unanimously. Discussion: Linda Stuckey discussed her concerns about the trimming of vegetation along roads for fire protection and how the average number of vehicle trips per month on a road would be calculated to determine the percentage share for payment. She also questioned what the state- ment "access roads to District lands shall be gated..." meant. D. Hansen stated the gating of access roads referred to roads where the District and other parties had the exclusive access rights over the road to the lands but where general public vehicular use was excluded. D. Wendin stated he did not understand the meaning of the word "warranted" as it was used in the second paragraph of the policy. D. Wendin requested the minutes reflect the fact the policies would return to the Board for only one more reading, assuming the Board adopted the staff's changes to the propsoed policies at the next meeting. The original motion, as amended, passed unanimously. D. Redwood City Redevelopment Project No. 2 H. Grench reviewed memorandum M-82-57, dated June 4, 1982, noting the financial impacts the Redwood City Redevelopment Project No. 2 would have on the District and stating he felt the Board should protest the inclusion of the baylands area and the Civic Center area and the tax increment financing to be used. He stated he felt additional studies needed to be done of the financial impacts of the redevelopment project. D. Wendin questioned why discussion was being restricted to only two sub -areas noting that he felt the District's prime concern was the precedent that was being set. Motion: D. Wendin moved the appointment of a Director who, with staff assistance, would meet the San Mateo County, Redwood City, and other officials to present to District's case. B. Green seconded the motion. The motion passed unanimously. Meeting 82-11 Page eight R. Bishop volunteered to represent the District , and H. Turner stated he was willing to serve as an alternate representative. E. Proposed Evaluation Procedure R. Bishop and N. Hanko, the members of the Committee on Manager Evaluation Procedure , stated they would be willing to postpone the discussion of the agenda item, due to the lateness of the hour, to the meeting of June 23 , 1982. The Board concurred on the postponement. XII. INFORMATIONAL REPORTS D. Hansen reported: 1) there had been a one-half acre fire on the former Maridon property in Stevens Canyon and said District rangers and C.D.F. firefighters responded to quell the fire. 2) the sixth Ranger position had been offered to Lisa Varney, and 3) the construction of the Monte Bello parking lot had been completed, but the lot would not be open for use until connecting trail construction and other details were finished. K. Duffy reminded the Board of the celebration for the District 's docents on Saturday, June 19 , at the Monte Bello Open Space Preserve. XIII . CLAIMS Motion: R. Bishop moved the approval of the revised claims 82-11, dated June 9 , 1982 . H. Turner seconded the motion. The motion passed unanimously. XIV. CLOSED SESSION The Board recessed at Closed Session on land negotiation matters at 10: 55 P.M. XV. ADJOURNMENT The Board reconvened to adjourn at 12 :03 A.M. , Thursday, June 10, 1982. Jean H. Fiddes District Clerk �I CORRECTION TO MINUTES OF June 9 , 1982 APPROVAL OF MINUTES A. ., June 9 , 1982 N. Hanko requested the spelling of the word "pr000sed" be corrected in the last sentence of the discussion section of the second motion to amend on Page seven. B. Green noted the word "effects" in the last sentence of the first paragraph on Page six should be chanced to to "affects" . Motion : N. Hanko moved the approval of the minutes of June 9 , 1982. H. Turner seconded the motion. The motion Passed unanimously.