HomeMy Public PortalAbout19870708 - Minutes - Board of Directors (BOD) Meeting 87-15
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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