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HomeMy Public PortalAbout19830622 - Minutes - Board of Directors (BOD) Meeting 83-16 or MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS MINUTES I. ROLL CALL President Barbara Green called the meeting to order at 7:40 P.M. Members Present: Barbara Green, Daniel Wendin, Harry Turner, Richard Bishop, and Nonette Hanko who arrived at 9:10 P.M. Members Absent: Katherine Duffy and Edward Shelley Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Jean Fiddes, Michael Foster, Del Woods, Dennis Danielson, and Emma Johnson II. APPROVAL A) June 8, 1983 R. Bishop noted that the name Margaret Mitchell listed in the last paragraph under "Written Communications" should be Margaret Marshall . Motion: R. Bishop moved the minutes of June O, 1983 be approved as corrected. ------ H. Turner seconded the motion. The motion passed unanimously. B\ � � B. Green noted the minutes should be corrected to change the S8COnd line under "New Business with NO Action Requested" to read 1983-84 salary survey. Motion: D. WSDdiO moved the 0iOUt8S Of ]UDe q, 1983 be approved as corrected. ------ B. Green seconded the motion. The motion passed UOaDfmVUs]y. TTT. WRITTEN COMMUNICATIONS E. Johnson stated the following written communications had been received: a DVtS from Paul San Filipo Of San Carlos, stating his wish to See as many buildings as possible retained on the Hassler site; a letter from the City Of Cupertino notifying the District it does not intend using the PiCCh8tti Ranch site for summer programs this year; a flyer from "Concerned Residents Organized Against Killer Em1SSfDnS" requesting US8rS of open SpdCS defeat the suggested plans for the incinerator and landfill project at Bryan Canyon; � d letter from William Powers, Director Of Development for the City Of Sunnyvale stating � the State Of Preparation of Redevelopment Plan for the North Mary/Central Redevelopment Project will use the 1983-84 roll as the Base Year Assessment Roll for the project; a letter from William Steele, Mayor Of the City of San Carlos, noting that the City Council supports the San Mateo County Arts COuMCil /S proposal for the Hassler site, that the City would cooperate in every possible way OD the issue Of sewage treatment, and that use Of the site should be such that it would not encourage large crowds; a letter from T00 Harrington, Los Altos Hills, Stating it had come to his attention that Rangers had Caught rattlesnakes On Rancho San Antonio Open Space Preserve and trans- ported them to Other District land near Skyline and Highway q, and if it is d fact, VVfCed � his objection. B. Green announced that the "Solid Waste Management Authority" will be On O future Board agenda and requested that Mr. & Mrs. Vaughan of the "Concerned Residents Against | Killer Emissions" be sent an agenda for that meeting; She noted the matters of Hassler and Picchetti Ranch would be addressed later OD the agenda. R. Bishop asked staff to Herbert A.mench,General Manager Board ot Directors:Katherine Duffy.Barbara Green,Nonetteo *anko,Richard n Bishop,Edward G,Shelley,Harry A.Turner.Daniel aWendin Meeting 83-16 Page two investigate the concern of Mr. Harrington and to present an informational report at the next Board meeting. H. Grench stated the Redevelopment Project will affect the District' s tax income from that area in the future. IV. ADOPTION OF AGENDA H. Grench stated an agenda item needed to be added under New Business With Action Requested, "The Proposed Acquisition of the Incerpi Property". Motion: R. Bishop moved the Board add this matter as item 9A to the agenda. H. Turner seconded the motion. The motion passed unanimously. Discussion: C. Britton noted the reason for the urgency in adding the item was the twenty-four hour deadline for release by the party who had a contract to purchase the property. V. OLD BUSINESS WITH ACTION REQUESTED 1 . Acceptance of Bid for District's Insurance Coverage H. Grench reviewed memorandum M-83-74 dated June 16, 1983, and Skip McIntyre of Flinn, Gray and Herterich summarized the quotation distributed at the meeting. He stated the premium is down approximately $3000 from prior years partially due to the good job staff had done on risk management and the claim-free history during the past two policy years. He recommended adoption of the Insurance Company of North America quote, the Chicago Insurance Company quote, and the limits indicated. R. Bishop stated his assessment that the price and these carriers are excellent and recommended accepting the quotes. Motion: R. Bishop moved the Board approve the insurance bid presented by Insurance Company of North America for the basic insurance coverage and the bid presented by the Chicago Insurance Company for the $10,000,000 umbrella insurance policy. H. Turner seconded the motion. The motion passed unanimously. 2. Adoption of New Salary Ranges for Fiscal Year 1983-84 H. Grench reviewed report R-83-24 dated June 10, 1983, noting that the 4.2 - 5.7% figure in item I.A and the following paragraph should be corrected to 4.6 - 5.1%, but that the change did not affect the conclusions of the report. He stated that additional information had been received, namely that three comparable positions within Santa Clara County were going to be granted 7.5% increases, but that other positions were still being negotiated. The new data had not affected the conclu- sions contained in the report. Motion: H. Turner moved that the Board grant an across-the-board increase in salary ranges for General Manager appointees of 7 points (7.2%) by adopting the salary table contained in report R-83-24, effective July 1 , 1983. D. Wendin seconded the motion. The motion passed unanimously. Discussion: Board members stated support of the 7 points, citing staff's superior performance, extra projects undertaken, and general excellence. 3. Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1983-84 H. Grench noted that no new changes had been suggested for the amended Action Plan as contained in report R-83-20, dated May 31 , 1983. Motion: H. Turner moved that the Board adopt the amended Action Plan for the implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1983-84 as contained in report R-83-20. R. Bishop seconded the motion. The motion passed unanimously. 4. Adoption of Preliminary Budget for Fiscal Year 1983-84 H. Grench reviewed report R-83-26 dated June 10, 1983, noting that the data includes the 7 point increase for General Manager appointees and salary increases for two Board appointees. Discussion centered on review of the land management budget Meeting 83-16 Page three guidelines. H. Grench paid the Budget Committee had recommended a detailed review of the land management budget guidelines during the coming year and suggested the Board wait until after the Next Decade Workshop Follow-Up discussion to assign the task. H. Turner urged that the item be scheduled on the agenda so that the Committee can begin its work in early fall before the spring budget process in 1984. B. Green noted it would be scheduled when the maximum number of Board members are available, possibly in early August. Motion: H. Turner moved that the Board adopt Resolution 83-26, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Preliminary Budget for Fiscal Year 1983-1984. D. Wendin seconded the motion. The motion passed unanimously. Motion: H. Turner moved that the Board adopt the amendments to the Open Space Manage- ment Budget Guidelines given in report R-83-23. D. Wendin seconded the motion. The motion passed unanimously Discussion: R. Bishop expressed the Board's thanks to the Budget Committee andsta-ff for the fine work in preparing the preliminary budget. VI. NEW BUSINESS WITH ACTION REQUESTED 5. Annual Claims List for 1983-1984 M. Foster noted corrections to the Debt Service schedule as contained in report R-83-27, namely that lines 26 through 31 on page 1 had been recopied on lines 1 through 6 on page 2 but that totals were correct. Robert Fisse, Rt. 2, Box 402, La Honda, questioned the term dates for Basich, line 2. C. Britton confirmed that it is a 10 year term and final payment will be in 1992. Motion: D. Wendin moved the adoption of the Annual Claims List for 1983-1984. H. Turner seconded the motion. The motion passed unanimously. 6. Proposed Changes in the Rules of Procedure H. Grench reviewed memorandum M-83-70 dated June 10, 1983. He stated the proposed change in the District holiday schedule will be a departure from observing the same holidays as Santa Clara County. He said the Budget Committee had recommended in- creasing Board compensation for meeting attendance and that the recommendation included clarification regarding meetings that are compensable. Discussion centered on preventing abuse of the compensable agenda items. The Board concurred to delete Claims and Approval of Minutes from the list of agenda items that would make a meeting compensable. Motion: D. Wendin moved that the Board adopt the amended Resolution 83-27, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending Rules of Procedure. R. Bishop seconded the motion. The motion passed unanimously. 7. Policies for Use of Salary Incentive Awards H. Grench reviewed report R-83-25 dated June 9, 1983 emphasizing its usefulness in keeping top performers as District employees after they reach the top of their salary ranges. He said the awards would be granted on a year-to-year basis as a bonus and recommended the Board adopt the policies in the report to guide the General Manager and staff in implementing the system. H. Turner said the Budget Committee will exercise oversight over the program's budget. Motion: H. Turner moved that the Board adopt, effective retroactively to July 1 , 1982, the policies for Use of Salary Incentive Awards as contained in report R-83-25. R. Bishop seconded the motion. The motion passed unanimously. 8. Use and Management Plan Review for the Picchetti Ranch Area of the Monte Bello Open Space Preserve D. Hansen reviewed report R-83-28 dated June 15, 1983 and said the site is reviewed on an annual basis since it is a highly emphasized site. He stated the winery Meeting 83-16 Page four restoration seems to be on-track, some storm damage had occurred during the winter, and the lessees are expected to move in in July and commence improvements to the winery. Discussion centered on ways of providing public access to the District property without going onto the leased area. D. Hansen stated the problem should be alleviated when the 25 car parking goes in and the trail from Stevens Canyon Road gets to that area. M. Blukis asked the Board to consider a horse hitch rail near the picnic area and D. Hansen responded it could be considered. Motion: R. Bishop moved that the Board tentatively adopt the use and management recommendations as contained in report R-83-28. H. Turner seconded the motion. The motion passed unanimously. 9. Proposed Annexation to District of Sunland Park Area of Saratoga H. Grench summarized memorandum M-83-68 and the procedures for annexation of the area. Motion: D. Wendin moved that the Board authorize the General Manager to inform Santa Clara County LAFCO of the District' s intent to apply for annexation of the Sunland Park area to the District and to request waiver of the require- ment of mailed notices to property owners and of fees. H. Turner seconded the motion. The motion passed unanimously. President B. Green called a recess at 9:00 P.M. The Board reconvened at 9:10 P.M. N. Hanko arrived at 9:10 P.M. 9A. Proposed Addition to Skyline Ridge Open Space Preserve (Incerpi Property) D. Hansen reviewed the use and management of the 47 acres of the site as contained in report R-83-29 dated June 22, 1983. He noted the property is a vital link in connecting District properties (the planned Skyline Corridor would go through the property). C. Britton reviewed the terms of the proposed agreement. He stated that he was dealing with the Incerpi family and the other potential buyers and that the other potential buyers had agreed to step out for $25,000. The Addendum Purchase Agreement provided for the pyament of the $25,000 -- $15,000 from the District and $10,000 from the Incerpi family. The total purchase price to the District would be $565,000. Motion: D. Wendin moved that the Board adopt Resolution 83-28, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, 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 for Closing of the Transaction (Skyline Ridge Open Space Preserve - Lands of Incerpi). N. Hanko seconded the motion. The motion passed unanimously. Motion: D. Wendin moved that the Board tentatively approve the Interim Use and Management recommendations contained in report R-83-29, designate Skyline Ridge Open Space Preserve as the unofficial name of the site and stated the Board's intention to dedicate the 47 acre acquisition as open space with final consideration at the first meeting two weeks or more from the present date. N. Hanko seconded the motion. The motion passed unanimously. 10. Authorization to Contract for Hassler Demolition Bid Specifications D. Hansen, referring to memorandum M-83-72 dated June 16, 1983, stated staff had hoped to have an engineering firm to recommend to the Board but is still in the process of getting quotes. He stated cost for specifications would be $15,000 if alternate specifications were not included. Alternate specs were estimated at Page five $2,000-$3,000. He said staff was asking the Board to approve $7000 for fencing part of the site to prevent additional vandalism. He added that staff had written CalTrans asking for a temporary closing of the Vista Point Overlook to prevent access to the site from that area. H. Turner distributed and summarized the report of the Liaison Committee for the Hassler Health Home Buildings. He listed the concerns and consequences that the Committee had enumerated concerning use of some of the structures and stated the Committee' s recommendation that staff immediately obtain double specifications for the demolition. Discussion focused on problems that would be encountered if there are delays in getting specifications and doing the demolition. A primary concern was the December 31 , 1983 deadline for transporting debris in heavy trucks over the San Francisco Hetch Hetchy water line. R. Bishop noted that the costs for the sanitary system had not been included in the up-front costs if some of the structures are retained and suggested the amount of cooperation from the City of San Carlos be determined as to whether the City will charge a fee for the sewer rights. George Dugger, member of the Ad Hoc Committee for the Arts Center, distributed a map of the site and enumerated the structures and areas the Arts Council wishes to use, namely the two residential buildings, utility buildings, and the first three tiers of buildings (minus the middle wing on the south side) . He noted the group is not interested in the two largest buildings commonly referred to as the top two tiers. Mr. Dugger explained the Council 's plans for traffic flow being one way and desired parking areas. R. Bishop asked if it would be possible to include in the partial demo plans provisions for parking by the public, and D. Wendin asked if criteria on what a parking plan should be could be included in the alternate costs. C. Britton noted that the County has parking requirements, and that should be investigated. D. Hansen distributed staff' s timetable for demolition and explained it is a tight schedule up to December 31 . Further discussion centered around the timeline and whether alternate specifications would require more time and, if so, how much additional time. D. Wendin suggested the Arts Council be asked for $5000 "earnest money" to pay for extra costs of the alternate bid specifications. H. Turner noted that if the Dis- trict accepts the Council 's proposal on July 27th but is unable to write a satis- factory lease, any remaining demolition would have to be done at a greater cost than if it were done all at one time. N. Hanko expressed her disagreement with the idea of asking the Council to underwrite $5000 at an early stage without their knowing if their plan will be accepted by the Board. She added that if the Council 's plan is accepted, it may lower demolition costs of the District. Motion: H. Turner moved that the Board direct staff to proceed to obtain two sets of specifications (the second set being one to retain what the Arts Council had described at the meeting) and that this instruction for double speci- fications be contingent upon the receipt by Friday, July B, of $5000 from the San Mateo County Arts Council to be applied toward the extra cost of double specifications,valong with a commitment from the Arts Council to pick up the balance if it should go above $5000. D. Wendin seconded the motion. Discussion: D. Wendin voiced his reluctant support of the motion stating his concern that doing the extra bid specification will cause the District to miss the December 31 deadline. B. Green stated she would not support the motion since she is committed to the entire site being open space. R. Bishop supported the motion in order to keep options open as to which way the Board will go on the Arts Council 's proposal until July 27. He said he assumed that the motion's intent was that, in the event the Arts Council does not deliver the $5000, then the engineering would proceed with the plan for total demolition only. Meeting 83-16 Page six N. Jalonen, Executive Director of the San Mateo County Arts Council , stated the $5000 condition was something her Board would have to approve and questioned if the money is a good faith deposit, and if it is refundable. D. Wendin clarified that the $5000 would be a non-refundable contribution toward the double set of specs. Motion D. Wendin moved that the motion be amended to strike the portion that re- to Amend: lates to the Council having to make the commitment for the contingency over the $5000 contribution. R. Bishop seconded the motion to amend. H. Turner, the maker of the motion, declared his willingness to accept the amendment. The vote to amend passed on the following vote: AYES: R. Bishop, D. Wendin, N. Hanko, and H. Turner NOES: B. Green, stating she voted no because she will vote no on the motion. Motion N. Hanko moved that the number be changed from $5000 to $2000 and/or the to Amend: cost of the alternate bid. The motion died for lack of a second. The main motion as amended failed on the following vote: AYES: R. Bishop, D. Wendin, and H. Turner NOES: B. Green and N. Hanko N. Hanko voted no because she did not believe the Arts Council should be asked to pay $5000 up-front at an early stage of negotiations. B. Green voted no because she would like to have the site entirely open space with no buildings and desires total demolition of the structures. D. Wendin clarified that the result of the vote was that staff will proceed to obtain bid specifications for total demolition only. Discussion: N. Hanko requested that the Committee be informed of what transpires during the time before the July 27 deadline so the Committee knows if it needs to meet again as a Committee. The aye vote of three members of the Board did not constitute a majority of the full Board and therefore N. Hanko requested reconsideration. Motion to N. Hanko moved that the Board reconsider the last vote. H. Turner seconded Reconsider: the motion. The motion passed unanimously. The vote on the original amended motion passed on the following vote: AYES: N. Hanko, H. Turner, R. Bishop, and D. Wendin NOES: B. Green N. Hanko wanted clarification about approaching the San Francisco Water Department to extend the deadline past December 31 . D. Wendin suggested that it should be the Arts Council through anyone they can get to make the contact, that it should not be the District, and suggested the Committee could work with the Arts Council on this project. C. Britton suggested contact not be made until after the July 27 meeting so there would be something concrete to take to them regarding the weight question. D. Wendin asked for clarification on the Art Council 's map regarding area "C". N. Jalonen stated the Arts Council desired to retain area "C". R. Bishop stated the Board' s understanding that the Arts Council wishes to retain "C". Meeting 83-16 Page seven Motion: H. Turner moved that the Board authorize staff to spend up to $7000 for fencing a portion of the site. R. Bishop seconded the motion. The motion passed unanimously. 11 . Land Acquisition Public Notification Procedures Noting the importance of the agenda item as contained in memorandum M-83-72 dated June 15, 1983, the lateness of the hour, and the desirability of having the full Board present, Motion: R. Bishop moved that the Board defer Land Acquisition Public Notification Procedures to the next agenda which will allow ample time for discussion. D. Wendin seconded the motion. Discussion: R. Bishop noted that the item is an important policy issue and that it should be discussed by the Board when the meeting is not late and when more than five Board members are -present, and strongly urged Board members to support the motion. The motion failed on the following vote: AYES: N. Hanko, R. Bishop, and D. Wendin NOES: B. Green and H. Turner. B. Green confirmed that due to lack of a majority vote of the entire Board the motion failed. Discussion: R. Fisue stated he had requested 'the item be agendized and said he would like to have the agenda item delayed. Motion to B. Green moved that the Board reconsider the previous vote. R. Bishop Reconsider: seconded the motion. The motion to reconsider passed unanimously. Vote: The original motion passed unanimously. 12. Cancellation of July 13, 1983 Meeting and Scheduling of Special Meeting H. Grench summarized M-83-7 dated June 10, 1983. Motion: D. Wendin moved that the Board cancel the July 13, 1983 Meeting and Schedule a Special Meeting for July 6 with the agenda to be set by the President. R. Bishop seconded the motion. The motion passed unanimously. Discussion: B. Green stated that the President and Vice President will be absent from the meeting, and a President Pro-Tempore needed to be appoin- ted. B. Green appointed D. Wendin as President Pro-Tem. VII. INFORMATIONAL REPORTS H. Grench stated the District is concerned about the Langley Hill Quarry plans, and the San Mateo County Planning Commission had continued the matter per the District' s request. C. Britton reported on the exchange transaction with Sorahan, specifically the deed of trust. Documents have now been executed, subordinating the District's first deed of trust as provided in the agreement. D. Hansen noted that Conservation Earth will not be running the day camp at Coal Creek due to low enrollment. VIII. CLAIMS Motion: R. Bishop moved the Board approve Revised Claims 83-12. D. Wendin seconded the motion. The motion passed unanimously. IX. CLOSED SESSION The Board recessed to Closed Session at 11 :30 P.M. X. ADJOURNMENT The Board reconvened to adjourn at 12:05 P.M. Emma Johnson Secretary CORRECTIONS TO MINUTES OF 2 2-, APPROVAL OF MINUTES A) June 22 , 1983 N. Hanko stated the first sentence of the second paragraph on page five should read "H. Turner distributed and summarized his report as a member of the Liaison Committee for the Hassler Health Home Buildings" . D. Wendin stated the last sentence in the next to last paragraph on page six be amended to read "C. Britton suggested con- tact not be made until after the July 27 meeting so there would be something concrete to take to them regarding the use issue" . Motion: N. Hanko moved the approval of the June 22, 1983 minutes as amended. R. Bishop seconded the 'motion. The motion passed unanimously, with E. Bishop and K. Duffy abstaining from the vote since they had not 'been Present at the meeting.