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HomeMy Public PortalAbout19820623 - Minutes - Board of Directors (BOD) Meetina 82-12 AiL 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 23 , 1982 I. ROLL CALL President Katherine Duffy called the meeting to order at 7 :34 P .M. Members Present : Katherine Duffy, Daniel Wendin, Barbara Green, Nonette Hanko, Harry Turner, and Richard Bishop Member Absent: Edward Shelley Personnel Present During the Meeting: Craig Britton, David Hansen, Charlotte MacDonald, Jean Fiddes , William Tannenbaum, James Boland, Del Woods, Mary Gundert, Stanley Norton, Michael Foster, and Lisa Varney II. APPROVAL OF MINTUES A. June 9 , 1982 N. Hankc, requested the spelling of the word "proposed" 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 changed to "affects" . Motion : N. Hanko moved the approval of the minutes of June 9 , 1982 . H. Turner seconded the motion. The motion passed unanimously. K. Duffy requested the statement made to the Board by R. W. Phillips , Vice President, Calprop Corporation , at the June 9 meeting be made a part of the record for that meeting. III. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received the following written communi- cation: 1) a letter, dated June 14, 1982 , from Thomas E. Harrington, 105 Fremont Avenue , Los Altos , regarding the road maintenance policy pro- posed by staff with respect to the Montebello Road situation. IV. ADOPTION OF AGENDA C. Britton requested the addition of Special Orders of the Day for a personnel announcement. K. Duffy stated it would be appropriate to move agenda item 2 , Proposed Evaluation Procedure for General Manager, to the end of the agenda. 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 Page two M-82-12 Motion: K. Duffy moved agenda item 2 be considered after agenda item 7. D. Wendin seconded the motion. The motion passed unani- mously. K. Duffy indicated the agenda, as amended, was adopted by Board concensus. V. ORAL COMMUNICATIONS There were no oral communications . VI. SPECIAL ORDERS OF THE DAY J. Boland introduced Lisa Varney, the newest member of the District' s Ranger staff. VIT. OLD BUSINESS WITH ACTION REQUESTED A. Policies for Road Maintenance Agreements D. Hansen reviewed memorandum M-82-61, dated June 15 , 1982 , on the revised policies for road maintenance agreements , noting proposed changes from the previous meeting were indicated in italics. Initial discussion centered on types of road surfaces, and N. Hanko, referring to T. Harrington' s letter presented during Written Communications, auestioned whether an oil and screen type of surface could be used on Montebello Road. D. Hansen responded the policy would not rule out such a surface. N. Hanko suggested the first sentence of paragraph two be changed to read "The District shall encourage road repair or maintenance to achieve a minimum rural standard necessary for District use , " in order to reflect her con- cerns about Montebello Road and general District use of roads which is not limited to four-wheel drive vehicles. Dave Wexler, who was acquiring the property at 100 Crazy Pete ' s Road, stated he felt the policy should be changed 'to state that if the District acquired a road of a higher standard, the District should maintain the road to the standard existing at the time of acquisition. Following discussion of this matter, C. Britton suggested the following wording be incorporated into the policy "Where an existing road is above the standards necessary for District use, participation by the District will be considered on a case by case basis. " Motion : R. Bishop moved to amend the proposed policy by inserting the words read by C. Britton involving an existing use that exceeds District standards that will be considered on a case by case basis. B. Green seconded the motion. Discussion: K. Duffy stated. the Board'is agreement that the proposed change would become the second to the last sentence of paragraph two. The motion passed unanimously. D. Wendin, referrinq to the last sentence of paragraph four, stated he felt the formula proposed by staff would not be accurate because average trail maintenance and repair costs for much narrower trails would be difficult to calculate when compared with the costs of a wider road more commonly used by vehicles. Motion: D. Wendin moved the last sentence of paragraph four be amended to read "However if that usage is shown by the party concerned to have a significant detrimental effect on repair and maintenance costs, the party responsible for the detrimental effect shall pay the extra costs . " B. Green seconded the motion. The motion passed unanimously. Page three M-82-12 Dave Wexler expressed his concern that the policy did not address the issue of road damage created by weather. Bill Donahue of Skyline Realty, Skyline Boulevard, discussed his concerns about the method in which the percentage share for payment would be determined, and Linda Stuckey, 22600 Prospect Road, Cupertino, discussed her con- cerns regarding the gating of access roads to District lands where general public vehicular use is not allowed. Motion: D. Wendin moved that the following sentence be inserted before the word "equestrian" at the bottom of page two, "Where damage is caused by circumstances other than use , the sharing of the expenses shall be negotiated on a case by case basis" . 11. Turner seconded the motion. The motion passed unanimously. Motion: D. Wendin moved the adoption of the whole policy as amended with the additional amendment that the first sentence of paragraph two read "The District shall encourage road re- pair or maintenance to achieve a minimum rural standard necessary for District use" . N. Hanko seconded the motion. The motion passed unanimously. Motion: H. Turner moved staff be requested to return to the Board and give an informational report after it has successfully completed the second road maintenance agreement. N. Hanko seconded the motion. The motion passed unanimously. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Pro2osed Coal Creek Open Space Preserve (Lands of Linda Rose et al) D. Hansen introduced report R-82-27 , dated June 1, 1982 , on the T)ro- posed acquisition of 200 acres of land which extended from Skyline Boulevard to Alpine Road in an unincorporated portion of San Mateo County. He noted staff should study the use of the structure on the property and should enter into negotiations with adjoining property 4- owners on Crazy Pete ' s Road to secure a road maintenance agreemen,_. D. Woods reviewed a map and showed slides of the property. H. Turner requested a sign be placed at the lower extension of Crazy Pete' s Road where it connects with Alpine Road to indicate where members of the public could hike on the property. Discussion centered on the naming of the new preserve , with Director Duffy suggesting the name Crazy Pete ' s Open Space Preserve. C. Britton stated that Coal Creek was an unofficial name for the Preserve and said staff would try to determine who Crazy Pete was before giving further consideration to a recommendation for the official name of the Preserve. C. Britton reviewed the terms of the Purchase Agreement for the property noting there were two purchase contracts and the total pur- chase price for the property was $1, 575 , 000 with a cash down payment of $800, 000 and $775 , 000 in 8% notes. He noted staff was recommending that the three of the six parcels fronting on Skyline Boulevard in- volved be dedicated as open space at this time. Motion: H. Turner moved the Board adopt Resolution 82-25 of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Page four M-82-12 Closing of the Transaction (Coal Creek Open Space Preserve Liner Property) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the Board adopt Resolution 82-26 of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manaqer to Execute Any and All Other Douments Necessary or Appropriate to Closinq of the Transaction (Coal Creek Open Space Pre- serve - Allen Property) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the Board tentatively adopt the use and manaaement recommendations contained in the report. R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the Board tentatively adopt the unofficial name Coal Creek Open Space Preserve. R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the Board tentatively adopt the Board' s intention to dedicate parcels 1, 2 , and 3 (fronting on Skyline) and withhold parcels 4 , 5 , and 6 from dedication. R. Bishop seconded the motion. The motion passed unanimously. C. Britton noted the owners of the property were in attendance at the meeting. The Board recessed for a break at 9 :00 P.M. and reconvened for the meeting at 9 : 08 P.M. B. Revision to the Open Space Management Planning Process D. Hansen introduced memorandum M-82-62 , dated June 16 , 1982 , re- garding the proposed revisions to the Open Space Use and Management Planning Process, and D. Woods reviewed each section of the revised planning process. B. Green and N. Hanko pointed out the Board should be aware of changes in the proposed document from the existing Open Space Use and Management Planning Process which the Board last re- viewed and amended in August, 1980. N. Hanko requested the additionof cultural history to the list of items to be discussed in section IA (Description of the Site) of pre-acquisition reports , and B. Green requested the addition of esti- mated costs to section IE (Interim Use and Management Recommendations) of the pre-acquisition reports. K. Duffy stated these two changes were adopted by Board consensus. N. Hanko requested the addition of cultural history to the list of items to be discussed in section IIA (Site Description) of the initial use and management plans for open space preserves. The Board con- curred with this recommended addition. Discussion focused on the deletion of the current Planning Process , section IV (Informational Report) which dealt with the review of use and management plans for preserves on a biennial basis with staff providing, during intervening years, a brief informational update Page five M-82-12 on implementation of the use and management plans adopted the previous year. The members of the Board generally felt the information update during intervening years was necessary and discussion centered on the content of the report, whether the report could be presented orally, and whether the report could be incorporated as a part of the November review of the Relative Emphasis Plan. A straw poll of the Board members indicated the majority of the Board members present favored having an informational report which could be done orally, and covering any major issues for a preserve which warranted discussion. motion: R. Bishop moved that this matter of the mid-year review of less emphasized sites be continued to the next meeting with the request that staf f come back with a report of a workable way for carrying out the thoughts expressed by the Board at this meeting. N. Hanko seconded the motion. Discussion: D. Wendin stated it may not be possible for the staff to present the interim mid-year review orally because of informing members of the public about the content of the report prior to the meeting, so they could determine whether they wanted to attend the meeting. The motion passed unanimously. D. Woods reviewed the remainder of the report concerning changes in Open Space Planning Areas and Public Review. Motion: B. Green moved the Board accept in principle the rest of the Planning Process report as amended. D. Wendin seconded the motion. Discussion: T. Kavanaugh, 1726 Spring Street, Mountain view, requested the words "at staff discretion" be deleted from the first sentence of the second paragraph of section V on Public Review. The Board did not delete the words, noting the following sentence elaborated on the meaning of the phrase involving staff discretion. The motion passed unanimously. C. Britton stated staff would plan to return to the Board at the next regular meeting with a revised report incorporating the Board ' s requests . C. Consolidation of District Election J. Fiddes reviewed memorandum M-82-59 , dated June 16 , 1982 , re- garding the calling of an election for Wards 1 , 2 , 5, and 6 and requesting consolidation services from Santa Clara and San Mateo Counties. She noted unless the Board indicated any changes were necessary, she would forward the Board' s current policy on payment of candidates statements and number of words to be included in each statement to the Registrar of Voters in each County. The Board did not discuss any changes . Motion: D. Wendin moved the Board adopt Resolution 82-27 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (San Mateo County) . B. Green seconded the motion. The motion passed unanimously. Motion: D. Wendin moved the Board adopt Resolution 82-28 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (Santa Clara County) . N. Hanko seconded the motion. The motion passed unanimously. Page six M-82-12 D. Adoption of Annual Claims List for Fiscal Year 1982-1983 M. Foster reviewed memorandum M-82-51 , dated June 16 , 1982 , which listed the annual claims, including debt service , for the 1982- 1983 fiscal year. Motion: D. Wendin moved the Board approve the Annual Claims List for 1982-1983 . B. Green seconded the motion. The motion passed unanimously. E. Appointment of Auditor for Fiscal Year 1981-1982 M. Foster reviewed memorandum M-82-58, dated June 16 , 1982 , and requested the Board appoint Deloitte, Haskins and Sells as the District ' s auditors for fiscal year 1981-1982 for the reasons stated in the report. Motion: H. Turner moved the Board accept the Controller' s recommendation and hire Deloitte, Haskins and Sells as the District ' s auditors for the fiscal year that is about to be completed. D. Wendin seconded the motion. The motion passed unanimously. IX. OLD BUSINESS WITH ACTION REQUESTED, continued B. Proposed Evaluation Procedure for General Manager N. Hanko introduced memorandum M-82-60 , dated June 16 , 1982 , noting the Board could either tentatively adopt the procedure and evaluation criteria for the General Manager' s July 7 review and then refine them as necessary at a later time or, if changes were recommended, con- sider the changes prior to the General Manager' s review on July 7 and adopt the evaluation criteria at that time. R. Bishop stated the words "Action Plan" at the end of question two on page two of the Committee ' s report should be deleted. After a review of the recommended procedure for the General Manager' s annual performance review, K. Duffy stated the recommended procedure was adopted by Board consensus. During the discussion of the evaluation criteria, the following suggestions were made by members of the Board: 1) convert questions one through nine into "how well" type of questions; 2) delete any gender references; 3) change the initial part of question ten to read "How well does the General Manager meet the following criteria?" ; 4) delete the word "optimal" in question seven and change wording to "How well does the General Manager make use of District resources?" ; 5) combine questions two and four; 6) refine question one under Dis- cussion Topics to include the concept of the General Manager' s long- term goals for the District, as well as the General Manager' s role within such long-term goals ; 7) delete "staff" from question seven since it would be difficult for the Board to evaluate how the General Manager actually communicates with staff; 8) include "other Board appointees" in question nine; 9) delete part C of question nine since it is included in part C of question ten; 10) add a question dealing with how resourceful the General Manager is in handling emergencies or unanticipated problems; and 11) group together related questions N. Hanko noted that after the General manager' s review on July 7 , the members of the Board could comment and make additional changes, if necessary. Page seven M-82-12 K. Duffy directed the Committee to return with a document that re- flected the concerns expressed by the Board during the meeting, noting the Board would meet in public session to adopt the evaluation criteria and then adjourn to closed session to conduct the General Manager' s review. She stated that, if necessary, some limited agenda items could be placed on the July 7 agenda. X. CLAIMS Motion: R. Bishop moved the approval of the revised claims 82-12 , dated June 23, 1982 . B. Green seconded the motion. The motion passed unanimously. XI . INFORMATIONAL REPORTS C. Britton reported the City and County of San Francisco had received one bid for the Hassler Health Home Property. He discussed the Action Alert communication from the Committee for Green Foothills regarding Santa Clara County ' s Parks and Recreation Trust Funds, and the Board, after discussing the matter, determined that no letter should be sent to the Santa Clara County Board of Supervisors until more information about the possible transfer of funds was available. C. Britton re- ported he and R. Bishop had met with Supervisor Arlen Gregorio re- garding the Redwood City Development Project No. 2 and noted the City of Redwood City had put off considering the adoption of the Redevelop- ment Project to July 13 . D. Hansen reported on the recent docent graduation celebration, the Fremont Older house tour, and the distribution of the latest edition of Openspace. N. Hanko stated she had met with the consultants for the Tenth Anni- versary and stated they would like to let P.O.S .T. receive and handle the proceeds of any tenth anniversary fundraising activities. The Board indicated they would like more information concerning this request, and C. Britton stated staff would report back to the Board at the next meeting to clarify the matter. XII . CLOSED SESSION The Board recessed to Closed Session on land negotiation matters at 11 : 12 P.M. XIII . ADJOURNMENT The Board reconvened to adjourn at 12 :05 A.M. , Thursday, June 24 , 1982 . Jean H. Fiddes District Clerk