HomeMy Public PortalAbout19850925 - Minutes - Board of Directors (BOD) Meeting 85-26
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
SEPTEMBER 25 , 1985
MINUTES
I. ROLL CALL
President Teena Henshaw called the meeting to order at 7 :32 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop
arrived at 7: 48 P.M.
Personnel Present: Herbert Grench, David Hansen, Mary Hale, Stanley
Norton, Jean Fiddes, Alice Cummings , and Cecilia Cyrier.
II , APPROVAL OF MINUTES
1) August 28 , 1985
E. Shelley indicated there was no record of a vote for the motion
begun on page five and continued onto page six. The Board affirmed
the vote had been 4 to 0. He also stated that the motion begun at
the bottom of page 8 and continued on page 9 was repeated in its
entirety at the top of page 9 .
Motion: E. Shelley moved that the Board approve the minutes of
August 28 , 1985 as amended. H. Turner seconded the motion.
Discussion: K. Duffy questioned the meaning of Candace
Stone' s statement in the discussion section of the motion
on page three and the Board concurred that it did not refer
to multi-car accidents.
The motion passed 4 to 0 with K. Duffy and D. Wendin
abstaining because they were not present at that meeting.
2) September 11, 1985
E. Shelley noted that there was no seconder for the motion at the
bottom of page five. D. Wendin said he had seconded the motion.
Motion: K. Duffy moved that the Board approve the minutes of
September 11, 1985 as amended. H. Turner seconded the
motion. H. Turner abstained since he was absent from
the meeting, and E. Shelley abstained because he was
absent from a portion of the meeting. The motion passed
5 to 0.
III . WRITTEN COMMUNICATIONS
C. Cyrier stated that the Board had received the following written
communications:
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 85-26 Page 2
1) a letter from Fred Smith, 436 Mendocino, Brisbane, stating that
the District had done an excellent job in land acquisition and
that he hoped the District will not have to abandon its goals
and the use of eminent domain;
2) a letter, dated September 12 , 1985 , from Phyllis Cangemi, Director
of the Whole Access Project, reaffirming the organization' s par-
ticipation and support in the Skyline Ridge Open Space Preserve
Master Plan, and offering help in refining plans and supporting
funding to fulfill the whole access aspects of the Master Plan;
3) a letter, dated September 11, 1985, from Jim Warren, 345 Swett
Road, Woodside, regarding the management of El Corte de Madera
Creek Open Space Preserve in areas of road maintenance, issuance
of gate keys to fire protection agencies, and preservation of the
horseshoe table; and
4) a letter, dated September 20, 1985 , from Marilyn U. Bauriedel,
urging the District to adopt an eminent domain policy similar to
the one currently followed.
T. Henshaw requested staff respond to the written communications.
N. Hanko said she had just received a letter to the Board from Jay
Thorwaldson, Star Route 2 , Box 185 , La Honda, relevant to eminent
domain and that he requested it be read. T. Henshaw said it could
be read at the time the seventh agenda item was discussed.
IV. ADOPTION OF AGENDA
H. Grench introduced Mary Hale, the District 's new Public Communications
Coordinator. T. Henshaw welcomed M. Hale on behalf of the Board.
T. Henshaw stated that the agenda was adopted as presented by Board
consenses.
V. ORAL COMMUNICATIONS
Charles Touchatt, P.O. Box 254 , Redwood City, asked why staff no longer
put out coffee and cookies for the Board meeting. J. Fiddes responded
that she was experimenting with not providing coffee and cookies
because of the impact on staff due to last minute preparations for
Board meetings on Wednesday afternoons . The Board concurred that they
would like to see the return of coffee and cookies for Board meetings .
VI . NEW BUSINESS WITH ACTION REQUESTED
A. Proposed 1984 Bond Act Grant Application (Skyline Ridge Open Space
Preserve Development Project) (Report R-85-50 of September 18 , 1985)
D. Hansen stated that staff was recommending submittal of a Bond
Act grant application in the amount of $392 ,00 for development at
Skyline Ridge Open Space Preserve. He said that the District is
also requesting some financial assistance from the Peninsula Open
Space Trust.
Cindy Quarton, Assistant Director of POST, reported that their
Task Force was scheduled to meet on Friday, September 27 and that
the $10 ,000 funding shown for the Skyline Trail would be discussed
at that time and was a negotiable item. She said POST had already
committed money to the observation blind, signing, and the picnic
facility.
Meeting 85-26 Page 3
H. Turner asked if there were additional steps that could be taken
to assure the awarding of the grant, such as endorsement from the
Whole Access Project, the Board of Supervisors of San Mateo County,
Senator Morgan and others. D. Hansen indicated that various
individuals and organizations would be contacted for support.
H. Turner indicated that if staff came to him he would lend all
the support he could.
Motion: R. Bishop moved that the Board adopt Resolution 85-48 ,
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District, Approving the Application
for Grant Funds Under the Regional Competitive Program of
the California Park and Recreation Facilities Act of 1984
for Skyline Ridge Open Space Preserve Development Project.
H. Turner seconded the motion. The motion passed 7 to 0 .
B. Proposed Contract Renewal with Fee Increase for Legislative Consultant
(Memorandum M-85-141 of September 16 , 1985)
H. Grench stated that since the passage of Proposition 13 the
District had used the services of a lobbyist in Sacramento for
legislative purposes. He indicated there had been no fee increases
over the past two years , the services of California Advocates had
been very good, and he was therefore recommending a fee increase
from $900 to $1000 per month, retroactive to July 1 , 1985. He said
that the Legislative Committee concurred.
Motion: N. Hanko moved that the Board authorize the President to
execute the revised Consulting Services Agreement with
California Advocates, Inc. including a fee increase from
$900 to $1000 per month. H. Turner seconded the motion.
The motion passed 7 to 0 .
C. Appointment to "Preservation 2020" Task Force (Memorandum M-85-145
of September 20 , 1985)
N. Hanko said she would be willing to serve on the Task Force.
T. Henshaw clarified that staff would be back-up for her.
Motion: D. Wendin moved that the President be authorized to appoint
Nonette Hanko to the Santa Clara County "Preservation 2020"
Task Force. H. Turner seconded the motion. The motion
passed 7 to 0.
T. Henshaw officially appointed N. Hanko as the District 's represen-
tative to the Task Force.
D. Scheduling of a Special Meeting for Performance Evaluations of Board
Appointees (Memorandum DI-85-146 of September 20 , 1985
The Board discussed possible dates for the Special Meeting.
Motion: R. Bishop moved that the Board schedule a Special Meeting
on Wednesday, October 2 , 1985 at 7 :30 P.M. at the District
offices for the purpose of conducting performance evalua-
tions for Herbert Grench and Stanley Norton. K. Duffy
Meeting 85-26 Page 4
seconded the motion. It was agreed that since M. Foster
was apparently not available that night, his review would
have to be done at another time.
Discussion: H. Turner questioned if there were options
as to whether the meeting be open to the public. S . Norton
stated that performance evaluations for Board appointees
could be conducted in Closed Session, while the discussion
of amount of increases in compensation, if any, would be
appropriate for the full Board to do in public session.
D. Wendin spoke in favor of creating a sub-committee of
the Board to explore non-salary compensation since it
would not be practical for the full Board to consider such
information in an open meeting.
N. Hanko questioned whether comparable data would be used
by the Committee and whether this information would be
available to the public.
The motion passed 7 to 0.
E. Shelley and R. Bishop said that they supported the idea of a
sub-committee reporting back to the Board at a public meeting on
whole compensation packages, including options , but not necessarily
making recommendations to the Board.
Motion: H. Turner moved that the Board appoint a special sub-
committee of the Board consisting of three Board members
to evaluate optional compensation packages for Board
appointees , presuming that, as a result of performance
evaluations , the Board would be asked to consider increases .
R. Bishop seconded the motion.
Discussion: Tom Kavanaugh, 1726 Spring Street, Mountain
View, spoke against the action proposed by the Board.
In response to a question from C. Touchatt, T. Henshaw
said that such evaluation reports are not public informa-
tion, but that compensation recommendations would be public
information.
N. Hanko said that she felt uncomfortable in delegating
Board responsibility in this matter to a committee and
that she felt comparables should be available for the
October 2 Special Meeting.
The motion passed 6 to 1. N. Hanko opposed the motion.
T. Henshaw, with concurrence of the Board, appointed Directors
Duffy, Shelley, and Henshaw as members of the sub-committee to
evaluate the total compensation packages for Board appointees.
Meeting 85-26 Page 5
Motion: R. Bishop moved that the Board ratify the appointment
of Directors Duffy, Shelley and Henshaw as members of
the sub-committee. E. Shelley seconded the motion.
The motion passed 7 to 0.
K. Duffy raised the question as to how comparables would be
obtained and who is to do it. N. Hanko said she believed it was
improper for the committee to ask for comparables .
Motion: D. Wendin moved that the sub-committee be directed to
obtain comparable compensation information but that the
sub-committee decides what adequate comparables are.
H. Turner seconded the motion. The motion passed 6 to 0 ,
with N. Hanko abstaining from the vote.
VII . OLD BUSINESS WITH ACTION REQUESTED
A. Final Adoption of the Interim Use and Management Plan for El Corte
de Madera Creek Open Space Preserve (Memorandum M-85-142 of
September 17 , 1985)
D. Hansen reported that since close of escrow on September 5 , phone
calls from neighbors had been received concerning the continued
presence of motorcycles on the site.
Craig Conway, 2001 Bear Gulch Road, Woodside; Norton Brenner, 650
Swett Road, Woodside; Walter Reynolds , 360 Swett Road, Woodside;
Robert Upton, 245 Allen Road, Woodside; and Charles Moore, 410 Star
Hill Road, Woodside addressed the Board regarding use and manage-
ment concerns they had for the property including the continued
presence of motorcycles on the site and the noise they generate;
the quality of the water supply in the area; access to the property;
hazards on the property; the impact of the ultimate use of Parcels
1 and 2 on Bear Gulch Road as access to the property; and the need
to record the history of the area. Mrs . Brenner and the Moores
volunteered to prepare a history of the area for the District.
H. Turner reported that he had received a phone call from Carl
Djerassi, 2325 Bear Gulch Road, Woodside, expressing his desire
for motorcycle use of the property to be discontinued, concerns
regarding noise from the motorcycles and requesting information
regarding fire prevention.
Motion: N. Hanko moved that the Board adopt the Interim Use and
Management Plan for El Corte de Madera Creek Open Space
Preserve, including the naming of the property and the
dedication of the property as public open space.
H. Turner seconded the motion. The motion passed 7 to 0 .
B. Final Adoption of the Interim Use and Management Plan for the Oden
Property Addition to the Sierra Azul Open Space Preserve - Mt.
Umunhum Area (Memorandum M-85-143 of September 20 , 1985)
D. Hansen reported that a letter had been received from Robert
Barlow, Chairman of the Mt. Umunhum Property Owners Association,
concerning wildfire protection in the area and that H. Grench had
Meeting 85-26 Page 6
responded to the letter. D. Hansen said that an additional recom-
mendation to the Interim Use and Management Plan had been included
to help resolve concerns about public parking rights and access
to the site.
Motion: R. Bishop moved that the Board adopt the Interim Use and
Management Plan for the Oden property addition to the
Sierra Azul Open Space Preserve as contained in report
R-85-39 and amended in memorandum M-85-143 , including
the naming of the property and the withholding of the
property from dedication as public open space. K. Duffy
seconded the motion. The motion passed 7 to 0 .
T. Henshaw called a recess at 9 : 10 P.M. and the meeting reconvened
at 9: 15 P.M.
C. Eminent Domain Use Questionnaire (Memorandum M-85-144 of September
19, 1985)
T. Henshaw read the letter from Jay Thorwaldson, encouraging the
Board to fill out the questionnaire, take a straw vote, use public
input, and put together a policy for the acquisition of open space
that allows for a wide range of alternatives.
T. Henshaw requested N. Hanko to chair the meeting for this agenda
item.
N. Hanko noted the following corrections to the questionnaire:
On page 1 , third line, "Strategic Options" had been renamed "Policy
Options"; middle of page, under "Unimproved Property, " number 4
should be 5 and then numbered sequentially. On page 2 , under F,
"Exemption of Existing Homesite on large acreage (can apply to
types 2 and 3") should read types 2 and 4 . She said the definition
of "Institutional or Commercial Ownership" has been included for
clarification purposes on the wall charts.
N. Hanko reviewed and explained the questionnaire and the policy
options in detail and said she would like to see each item dis-
cussed among the Board members, hear input from the public, and
then take a straw vote.
E. Shelley said that the Board needed to reflect on these options
after Board discussion and that he did not favor any voting
occurring at the meeting. The Board concurred that discussion
and clarification of definitions would take place during the
meeting, with the questionnaire to be completed individually after
the meeting and returned to the Committee for study. Issues dis-
cussed by the Board included: definition of a homesite and
property; private open space and the threat of large undeveloped
areas of property; the question of whether private open space
needed to be incorporated into eminent domain policies, the use
of contracts and whether they are needed; the definition of a
developed community with size and location factors taken into con-
sideration; identification of developed communities in conjunction
Meeting 85-26 Page 7
with the Master Plan study; use of more precise language in
examples; the question whether size needed to be considered in
the unimproved property category and if so how would size be
determined; development of policy for trail situations; and
consistency between Basic Policy and Eminent Domain Policy
guidelines .
The following individuals addressed the Board during the discussion:
Jay Thorwaldson, Tom Kavanaugh, Sandra and Charles Touchatt, Dave
Sutton, Bob Piety, and Mrs. Stella Anthony.
The Board concurred that questionnaires were to be returned to
the Committee on Wednesday, October 4 .?"- :
VIII . INFORMATIONAL REPORTS
D. Hansen reported on the liability questions concerning flood control
on the Leslie Salt levee.
D. Hansen said that about two-thirds of the new trail on Long Ridge
Open Space Preserve was complete and that there would be another
volunteer day on the Preserve on Saturday, September 28 .
T. Henshaw requested that the minutes reflect the meeting with the
Board of Supervisors of San Mateo County had been a successful one.
She said she would send a follow-up letter to Jackie Speier on the
meeting.
R. Bishop reported that he had presented the Twentieth Anniversary
Resolution of Congratulations to the Bay Conservation and Development
Commission at their recent meeting.
IX. CLAIMS
Motion: D. Wendin moved that the Board approve the Revised Claims
85-20 of September 25 , 1985 . E. Shelley seconded the motion.
The motion passed 6 to 0 , with N. Hanko abstaining from the
vote on Item 8552 .
X. CLOSED SESSION
T. Henshaw announced that no litigation matters would be discussed
during the Closed Session. The Board recessed to Closed Session on
land negotiation matters at 11 :37 P.M.
XI . ADJOURNMENT
The Board reconvened to adjourn at 11: 45 P.M.
Cecilia A. Cyrier
Secretary
CORRECTIONS TO MINUTES OF SEPT. 25 , 1985
September 25 ,- 1985
Motion : K. Duffy moved approval of the minutes of September 25 , 1985 .
E. Shelley seconded the motion.
Discussion: N. Hanko noted that the date on page 7 in the last
paragraph of the Eminent Domain Questionnaire section should
have been October 2 rather than October 4 . E. Shelley and
K. Duffy accepted the correction as part of their motion. The
motion to approve the minutes as corrected passed 6 to 0 .