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HomeMy Public PortalAbout19870708 - Minutes - Board of Directors (BOD) Meeting 87-15 A% dt, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS July 8 , 1987 MINUTES I . ROLL CALL President Richard Bishop called the meeting to order at 7 :05 P.M. Members Present: Richard Bishop, Katherine Duffy, Edward Shelley, Teena Henshaw, Gerry Andeen, and Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Mary Hale, Michael Foster, Del Woods , Mary Gundert, John Escobar, Matt Ken, and Joan Combs. II . CLOSED SESSION The Board recessed to Closed Session to discuss land negotiations matters . The Board reconvened for the public meeting at 7 : 45 P.M. III . APPROVAL OF MINUTES June 3 , 1987 Motion: T. Henshaw moved that the Board approve the minutes of June 3 , 1987 . E. Shelley seconded the motion. The motion passed 5 to 0 , with N. Hanko abstaining because she was absent from the meeting. June 10 , 1987 Motion: E. Shelley moved that the Board approve the minutes of June 10 , 1987. T. Henshaw seconded the motion. The motion passed 5 to 0 , with N. Hanko abstaining because she was absent from the meeting. IV. WRITTEN COMMUNICATIONS J. Combs reported that the Board had received the following written communications : 1) a letter dated June 19 , 1987, from Robert Fisse, President of the South Skyline Association, Star Route 2 , Box 402 , La Honda, urging the District to take action on the proposed installation of a heli- copter landing pad on Skyline Ridge Open Space Preserve; 2) a letter dated June 9, 1987 , from Walter H. , Norma E. , Herbert C. , and Elsie Vielbaum, 1516 La Mesa Drive, Burlingame, stating that permission had never been granted to the District to cross land owned by the Vielbaums in order to gain access to Mt. Thayer or any District lands in the Sierra Azul Open Space Preserve; 3) a letter dated June 29 , 1987 , from Harry Haeussler, 1094 Highland Circle, Los Altos, concerning the transfer of High Meadow Stables ' rental payments from the District to De Anza Properties. J.Combs stated that draft responses were attached to the written communications. Meeting 87-15 Page two R. Bishop stated that the draft responses to Mr. Fisse and the Vielbaums were approved by Board consensus. R. Bishop stated that consideration of Mr. Haeussler' s letter would be deferred to the Board' s next Regular meeting since the members of the Board had not had the oppor- tunity to read it prior to the start of the meeting. V. ORAL COMMUNICATIONS Harry Haeussler said that he objected to the Closed Session being held prior to the start of the public portion of the meeting and criticized the District' s purchases of land that he felt had no public access . Bo Gimbal, Portola Valley Trails Commission, 330 Willowbrook Drive, Portola Valley, complimented District staff for its competent work through the years. Matt Bean, 23474 WrightsStation Road, Los Gatos , said that he agreed with Mr. Haeussler' s statement concerning land purchases. Eric Thompson, Star Route 2, Box 415 , La Honda, said that he had not been contacted by District staff concerning equestrian access on Coal Creek Open Space Preserve, which he had brought to the Board' s attention in April, and that he wished to see the trail opened to horses . D. Hansen said Mr. Thompson would be contacted, as previously stated, before the Coal Creek Preserve Use and Management Plan was presented to the Board. Rick Estrada, Sierra Azul Landowners Association, asked when the National Weather Service ' s radar request would be presented again for Board consideration. H. Grench subsequently informed Mr. Estrada that the matter was scheduled for the July 22 agenda. Chuck Bean, 23550 Wrights Station Road, Los Gatos, said that he believed the District was in contempt of court by allowing equestrians to access the Kidwell property. R. Bishop said that since a legal question had been raised, consultation with the District' s Legal Counsel would be necessary. VI . ADOPTION OF AGENDA R. Bishop stated that the agenda was adopted by Board consensus. VII . SPECIAL ORDERS OF THE DAY G. Andeen introduced Jon Carpenter and Blake Wentworth, members of Boy Scout Troop 206, Atherton, who presented the colors and led the Pledge of Allegiance. VIII . BOARD BUSINESS A. Final Adoption of the Revised Comprehensive Use and Management Plan for Los Trancos Open Space Preserve (Report R-87-98 of June 16 , 1987) D. Hansen stated that several changes had been made to the Use and Management Plan resulting from discussions occurring at the June 3 Board meeting. He noted that two items were added under the Capital Improvements section, some projected costs were shifted to fiscal year 1987-1988 , and that signing on the Fault Trail had been completed. He said no additional public comments had been received on the plan. Meeting 87-15 Page three G. Andeen stated that he would like to see more signing on the Preserve and R. Bishop requested that staff take the signing request under consideration. T. Henshaw pointed out that the Board would be discussing signing in connection with a planned field trip along Skyline Boulevard. Motion: E. Shelley moved that the Board adopt the revised Compre- hensive Use and Management Plan for Los Trancos Open Space Preserve as contained in the staff report. T. Henshaw seconded the motion. The motion passed 6 to 0 . B. Final Adoption of Amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans (Report R-87-105 of July 1, 1987) D. Hansen said that since the tentative adoption of the Skyline Ridge Use and Management Plan, staff had met with representatives of the San Mateo County Planning Department and the California Department of Parks and Recreation and that both agencies concurred with the District that planning and construction of the two grant projects should be combined into one project. He said that an additional public comment regarding the proposed helicopter landing pad had been received from Bob Fisse and had been considered under Written Communications, and that he felt the draft reply addressed Mr. Fisse' s concern. E. Thompson said that he opposed the recommended site for the parking lot and asked the Board to reconsider its approval of the location. Motion: K. Duffy moved that the Board adopt the amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans as contained in reports R-87-92 and R-87-105. N. Hanko seconded the motion. The motion passed 6 to 0. C. Proposed Slobe (Aries) Property Addition to the Windy Hill Open Space Preserve (Reports R-87-106 of July 2 1987 and report R-87-109 of July 8 , 1987) C. Britton stated that a supplementary acquisition report, R-87-109 of July 8 , 1987, had been distributed for the Board' s consideration. He pointed out the location of the property on the wall map, noting that the property had access from both Alpine Road and Portola Road. He said the proposal before the Board was to buy all but 20 acres of the 449 acre property. He said that while the original report had recommended withholding approximately 60 acres from dedication, staff was now recommending that the entire property be dedicated. He stated that a purchase agreement would probably not be available until the July 22 meeting and that staff was recommending that the Board tentatively approve the purchase in concept, subject to final approval of the purchase agreement. He said the transaction was contingent upon the District receiving approval from the Town of Portola Valley to construct a 50 car parking lot adjacent to Portola Road; to Mr. Slobe ' s completion of the property acquisition from Frank Aries; and the Town' s approval of subdividing the property into two parcels . He noted that the property' s purchase price was $4 . 7 million, with the total payment to be made in cash at the close of escrow. R-87-15 Page four D. Woods pointed out potential trail routes on the wall map and said the District would work with the Portola Valley Trails Committee on trail planning. D. Hansen reviewed the Preliminary Use and Management Plan recommendations for the property and said staff would be looking at signing and fencing for the area, posting the pond as a no-swimming area, and checking the dam for safety. He said that the Portola Valley Trails Committee wished to leave the site open to bicycles, and that the issue of allowing dogs on the property should be referred to the Board' s Dog Committee. H. Grench stated that this proposed $4 . 7 million acquisition would expend nearly the full 1987-1988 fiscal year' s budget for land acquisition, except for funding that might result from a planned additional note issue of approximately $5 million. He said that the acquisition must be considered a very important one if the District is to make that kind of financial commitment. C. Britton said that some additional funding from the Town of Portola Valley was a possibility and would be pursued. Daniel Wendin, 961 Regent Drive, Los Altos , said he favored the acquisition, but felt that the 50 car parking lot was a necessity for the purchase. R. Bishop said he felt that the District should not proceed with the acquisition without permission to build the parking lot. T. Henshaw stated she would not vote for the acqui- sition unless the parking lot was approved by the Town. Sue Crane, a member of the Portola Valley Town Council, expressed the willingness of the Portola Valley Town Council to work with the District on this project. She said that the next Council meeting would be held on July 22 and that the Council will give notice of a public hearing. Bo Gimbal said he applauded the proposed acquisition and discussed possible alternative trails on the property. E. Thompson suggested that two smaller parking lots might be con- sidered, rather than one large one. E. Shelley said that the parking lot was essential, as the acqui- sition, because of its $4 . 7 million purchase price, must be considered as a regional facility, not a local facility. N. Hanko said she agreed that parking was necessary, but hoped that there could be some flexibility as to the location. Betsy Crowder, 133 Mapache Drive, Portola Valley, urged approval of the acquisition. K. Duffy said that the lake area was a wildlife asset and that she would like the trail to be routed away from that area. She added that she thought the contingency of parking was critical and could not support the acquisition without parking facilities. Motion: N. Hanko moved that the Board tentatively approve the purchase of this property in concept, subject to the terms and conditions contained in the staff reports , tentatively adopt the preliminary Use and Management Plan recommen- dations, including an indication of intention to dedicate the entire property and naming it as an addition to the Windy Hill Open Space Preserve. G. Andeen seconded the motion. Meeting 87-15 Page five Discussion: In response to a question from E . Shelley, M. Foster said that the acquisition would require short- term financing. Motion to Amend: E . Shelley moved that approval of the purchase be contingent upon the District' s ability and agreement to borrow the necessary funds . The motion to amend died for lack of a second. The motion passed 6 to 0 . Discussion focused on funding for the acquisition and its relation- ship to the proposed sale of Tax and Revenue Anticipation Notes . Motion: N. Hanko moved that item 10 of the agenda be considered as the next item. R. Bishop seconded the motion. The motion passed 6 to 0 . D. Sale of Tax and Revenue Anticipation Notes (Report R-87-99 of June 29, 1987 and Report R-87-108 of July 8 , 1987) M. Foster said it was necessary to borrow short-term funds to cover proposed acquisitions, particularly the Slobe acquisition, and that $2 . 5 million was the maximum the District could borrow. H. Grench stated that a report, R-87-108 , had been distributed at this meeting containing a revised Resolution reflecting proposed changes to the original note resolution . Motion: K. Duffy moved that the Board adopt Resolution 87-20 as amended in report R-87-108 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Borrowing of Funds for Fiscal Year 1987- 1988 and the Issuance and Sale of 1987-1988 Tax and Revenue Anticipation Notes Therefor, Authorizing the Execution and Delivery of a Purchase Contract, and Approving an official Statement Relating Thereto . E . Shelley seconded the- motion. The motion passed 6 to 0 . E. Proposed Maas Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area (Report R-87-101 of July 1, 1987) C. Britton pointed out the proposed acquisition on the wall map. D. Woods showed slides of the property and reviewed the Preliminary Use and Management Plan recommendations . He said staff would monitor the current owner' s removal of a house trailer, camper, and propane tanks , which must be completed before close of escrow. He said the property would be designated a Conservation Management Unit (CMU) . E. Thompson said he did not think the District should buy land on a speculative basis, but should spend money on projects that would benefit the public. H. Grench reviewed the history of acquisition in the Mt. Umunhum area, noting that land was acquired when available, and dedicated when it became a usable preserve . Herb Curran, P.O. Box 323 , Redwood Estates , questioned the property description contained in the report, and said that no prescriptive easements existed over the road. Discussion centered on access and patrol route problems . D. Wendin said that he was disturbed that the report did not contain the usual protection for landowners stating that public access would be by permission of adjacent property owners . R. Bishop said he would Meeting 87-15 Page six like staff to confirm that the present use and management recom- mendations allow for no public access . D. Hansen confirmed that no good public access was an inherent part of designating the property as a CMU. H. Curran suggested that an alternative patrol route might be established through San Jose Water Company lands . R. Bishop said that staff would be asked to explore this possibility . He said that staff believes the District has rights over the road that would allow for patrol by District Rangers . M. Bean expressed concern over trespassing of the public onto his property and that of adjacent landowners . Donald Boehm, 26020 Highland Way, Los Gatos , said he was an adjacent property owner, and asked for clarification of the District' s intentions for use and development of the property . H. Haeussler said he objected to the proposed purchase since he thought the property was outside the District' s boundaries , and access was questionable. E. Shelley clarified that the property was inside District boundaries . Motion: K. Duffy moved that the Board adopt Resolution 87-21, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certi- ficate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Maas) . E . Shelley seconded the motion. Discussion: N. Hanko said she would abstain from voting on this matter because she had not seen the property and was not convinced of its importance. T. Henshaw said she would vote against the purchase, as too many questions had been raised concerning access and other potential problems . E. Shelley said he felt there was no immediate need to perfect access to the property, as it would be withheld from dedication. He said he believed it was wise and cost effective to purchase property on an opportunity basis at this time. R. Bishop requested a roll call vote . The motion passed on the following vote : Ayes: R. Bishop, G. Andeen, K. Duffy, E . Shelley No: T . Henshaw Abstain: N. Hanko Motion: E. Shelley moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Sierra Azul Open Space Preserve - Mt . Umunhum. Area, and indicate its intention to withhold the property from dedication at this time. K . Duffy seconded the motion. The motion passed 5 to 0 , with N. Hanko abstaining. Meeting 87-15 Page seven F. Procedures for Appointing Director to Fill Board Vacancy (Report R-87-100 of June 30 , 1987) T. Henshaw reviewed the procedure recommended by the Committee for appointing Daniel Wendin' s successor, and noted that the Committee was recommending that sessions be held on July 15 and July 23 . R. Bishop complimented the Committee on its report and suggested procedure. N. Hanko said she was satisfied with the suggested procedures, but asked what flexibility was provided for applicants who would be unable to attend the interview sessions . E. Shelley said applicants would have the opportunity to provide supplementary written infor- mation to the Board. J. Fiddes reported that six applications had been received so far, and twenty-four applications had been requested. D. Wendin said that there needed to be concern for public input in the first round of interviews and suggested the public should be encouraged to submit written questions and comments . He suggested that each applicant be allotted a total of eight minutes for opening statements and time for clarifying questions from the Board. He also suggested that a recess before round-robin questioning by the Board would allow for informal communication of public and candidates . Discussion centered on the amount of time to be allowed for opening statements and clarifying questions. H. Haeussler asked if candidates ' statements would be available to the public. J. Fiddes said the statements would be available as of Monday, July 13 . E. Shelley and T. Henshaw concurred that written public comments would be welcomed. Mark Winitz, 1638 Corte Via, Los Altos, said he agreed with H. Haeussler and would like public input maximized. N. Hanko suggested that public comments be submitted to the District Clerk for submission to the Board. Motion: R. Bishop moved that the Board adopt the Procedure for Interviews and General Criteria for Appointment to Board of Directors , with the amendment that the words "up to" be inserted after the word "allotted" in item 2 of Round 1. K. Duffy seconded the motion. Discussion: M. Winitz asked if item 2 could be changed to state that up to eight minutes could be used by the candidate as he/she sees fit. E. Shelley suggested each applicant being allotted up to a total of eight minutes for opening statement and clarifying questions with a minimum of three minutes for the latter. R. Bishop and K. Duffy expressed their acceptance of this modification to their motion. The motion as modified passed 6 to 0 . Meeting 87-15 Page eight Motion: E. Shelley moved that the Board schedule a Special Meeting at 7 : 30 P.M. on July 15 for the purpose of interviewing candidates for the Board vacancy and selecting finalists and a second Special Meeting on July 23 at 7 : 30 P.M. for the purpose of interviewing finalists and appointing one of them to the Board. N. Hanko seconded the motion. The motion passed 6 to 0. K. Duffy requested that an invitation for written public comment be included in the notices for the Special Meeting. Motion: R. Bishop moved that consideration of agenda item 12, Action Plan Program Evaluation for 1986-1987 Fiscal Year, be deferred to the July 22 meeting. E. Shelley seconded the motion. The motion passed 6 to 0 . G. Support for the California Wildlife, Coastal, and Park Land Conser- vation Act Initiative (Report R-87-107 of July 2, 1987) N. Hanko asked if a circulator could sign his/her own petition. H. Grench said he thought so and would confirm that this was allowable. Motion: K. Duffy moved that the Board adopt Resolution 87-22 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the Proposed "California Wildlife, Coastal, and Park Land Conservation Bond Act" Initiative. N. Hanko seconded the motion. The motion passed 6 to 0. R. Bishop presented former Director Daniel Wendin with a gift of appreciation from the District Board and staff. H. Adoption of New Salary Ranges for General Manager Appointees and Revisions in the District' s Benefit Plan (Report R-87-15 of June 29 , 1987) H. Grench summarized the proposed salary increase, payment of the employees ' share of the retirement plan contribution, and changes in the District' s fringe benefit medical, dental , and life insurance plan. He said the two point salary increase and pick up of re- tirement payments is being recommended to be retroactive to July 1, 1987 and that the modified benefit plan would, if approved, become effective on October 1, 1987. R. Bishop complimented staff on its work in revising the original proposal. Motion: R. Bishop moved that the Board approve a two point across- the-board increase, retroactive to July 1, 1987 ; authorize District payment of General Manager appointees ' 7% contri- bution to the Public Employees ' Retirement System, retro- active to July 1, 1987; and approve the revised fringe benefit medical, dental, and life insurance plan for General Manager appointees, authorizing staff to implement the plan effective October 1, 1987 . E. Shelley seconded the motion. The motion passed 6 to 0 . Meeting 87-15 Page nine I . Board Appointees ' Compensation (Report R-87-103 of July 1, 1987) R. Bishop stated that it is the perogative of the Board to determine adjustment in salaries of the General Manager, Legal Counsel , and Controller. Discussion centered on the percentage salary increase for the Board appointees. After discussion by the Board, H. Grench requested that consideration of his compensation adjustment be continued to a later meeting. Motion: R. Bishop moved that the Board continue consideration of the General Manager' s salary to a future meeting. N. Hanko seconded the motion. The motion passed 6 to 0 . Motion: R. Bishop moved that the Board approve an approximate 5% increase in compensation for the Legal Counsel , and approve S. Norton' s request that his hourly rate for trial work be increased from $110 to $125 per hour. N. Hanko seconded the motion. Motion to Table : E. Shelley moved that the motion be tabled to enable Board members to consider and analyze the figures . T. Henshaw seconded the motion. R. Bishop asked for a roll call vote on the motion to table. The motion to table failed to pass on the following vote: Ayes : E. Shelley, K. Duffy, T. Henshaw Noes : R. Bishop, G. Andeen, N. Hanko Motion to Amend: E. Shelley moved that the Board approve a 5. 50 salary increase to $61,000 per year for the Legal Counsel plus the increase in hourly rate for litigation to $125 per hour. K. Duffy seconded the motion. The motion passed 6 to 0 . T. Henshaw said she would be abstaining from voting on the original motion because she was uncomfortable with the manner in which the Board had to discuss these compensation changes. The motion passed 5 to 0 , with T. Henshaw abstaining. Motion: R. Bishop moved that the Board approve M. Foster' s salary increase to $6 ,600 per year. N. Hanko seconded the motion. Discussion: E. Shelley said he supported the increase, but that the increase did not remove the Controller' s position from the semi-volunteer category. The motion passed 6 to 0 . J. Open Space Management Staffing Plan Clarification (Report R-87-104 of July 1, 1987) D. Hansen said the request to hire a replacement Ranger to fill the vacancy created by the Crew Coordinating Ranger assignment was inadvertently omitted from the recommendation in the Open Space Management Staffing Plan adopted by the Board at its June 10 , 1987 meeting. Meeting 87-15 Page ten Motion: T. Henshaw moved that the Board approve the hiring of a replacement patrol Ranger. K. Duffy seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL REPORTS H. Grench reported that AB 2425, which affects the District' s borrowing power, had been signed by the Governor and would become effective on January 1, 1988 . N. Hanko distributed copies of the Report of the Preservation 2020 Task Force. E. Shelley recommended that N. Hanko prepare a report on the Task Force' s findings . D. Hansen reported that there was a quiet July 4 on the preserves . X. CLAIMS Motion: E. Shelley moved that the Board approve the Revised Claims 87-13. K. Duffy seconded the motion. Discussion: H. Haeussler questioned claim number 155 for purchase of the Slobe property. Motion to Amend: E. Shelley moved that claim number 155 be deleted from the Revised Claims. T. Henshaw seconded the motion. The motion passed 6 to 0 . The amended motion passed 6 to 0. XI . ADJOURNMENT The meeting was adjourned at 11:15 P.M. Joan Combs Secretary