HomeMy Public PortalAbout19820609 - Minutes - Board of Directors (BOD) leeting 82-11
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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.