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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 .