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HomeMy Public PortalAbout19880622 - Minutes - Board of Directors (BOD) Meeting 88-15 AL, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS JUNE 22,1988 MINUTES I . ROLL CALL Vice President Gerry Andeen called the meeting to order at 7 :02 P.M. Members Present: Richard Bishop, Gerry Andeen, Robert McKibbin, and Nonette Hanko. Teena Henshaw arrived at 7 : 35 P.M. Members Absent: Katherine Duffy and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes , Del Woods , James Boland, Walter Goggin, Mary Gundert, Dennis Danielson, Stanley Norton, Michael Foster, and Joan Combs . II . CLOSED SESSION The Board recessed to Closed Session to discuss land negotiation and litigation matters . The Board reconvened for the public meeting at 7 :50 P.M. III . APPROVAL OF MINUTES June 6 , 1988 Motion: R. Bishop moved that the Board approve the minutes of June 6 , 1988. N. Hanko seconded the motion. The motion passed 4 to 0 , with T. Henshaw abstaining as she was not present at that meeting. June 11 , 1988 Motion: R. Bishop moved that the Board approve the minutes of June 11, 1988 . R. McKibbin seconded the motion. The motion passed 4 to 0 , with T. Henshaw abstaining as she was not present at that meeting. N. Hanko stated that she would support the motion to approve the minutes even though she too had not been present at that meeting. S. Norton stated that the Board had met in Closed Session prior to the public session to discuss litigation concerning the McQueen matter and falling under Government Code Section 54956.9. Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 88-15 Page two IV. WRITTEN COMMUNICATIONS J. Combs stated that the Board had received the following written communications: 1) a letter, dated June 11, 1988 , from June Neermann, 22400 Skyline, Box 334A, La Honda, concerning trespassing on private lands and roads by bicyclists, and requesting additional signing by the District to help curtail this problem; 2) a letter, dated June 15, 1988 , from Paul Storaasli, Secretary of the Portola Heights Property Owners Association, clarifying the Association' s April 23 letter to the Board requesting recognition as a "developed community" ; 3) a letter, dated April 12, 1988, from Stanley H. Hall , Executive Director of the East Palo Alto Redevelopment Agency, requesting a meeting with a District representative to discuss the Proposed Redevelopment Plan for the University circle Redevelopment Project Area. G. Andeen stated the Board' s consensus that the draft responses to Ms . Neermann and Mr. Storaasli and the response to Mr. Hall ' s letter were satisfactory. V. ORAL COMMUNICATIONS There were no Oral Communications . VI. ADOPTION OF AGENDA G. Andeen stated that the agenda was adopted by Board consensus. VII. BOARD BUSINESS A. Final Adoption of the Preliminary Use and Manag_�tment Plan for the Opper Property Addition to Sierra Azul qp�en Space Preserve, Mt. Umunhum Area (Report R-88-68 of June 13, 1988) D. Hansen stated that the removal of structures and debris on the property is underway by the owner. He noted that an additional item to the Preliminary Use and Management Plan was an investigation by staff into ways of reducing the visual impact caused by past grading on the property. Motion: N. Hanko moved that the Board adopt the Preliminary Use and Management Plan for the Opper property addition to Sierra Azul Open Space Preserve, Mt. Umunhum area, including. the naming, as contained and amended in the staff report, and that the Board indicate its Meetinq 88-15 Page three intention to withhold the property from dedication as public open space. R. McKibbin seconded the motion. Discussion: Rick Estrada, P.O. Box 153, New Almaden, stated that as an adjacent property owner, he owns one-quarter of the well mentioned in item 10 of the staff report and that he was concerned that his right to use the well would be restricted. C. Britton said that the District would honor any recorded easement for use of the well. The motion passed 5 to 0. B. Acceptance of Insurance Bid Coverage for 1988-1989 (Report R-88-70 of June 14,_ 1988) J. Fiddes reviewed the District ' s insurance coverage, noting the 24% cost decrease in the District 's automobile insurance was a result of the field staff ' s excellent driving record. J. Fiddes said that staff will continue to investigate the Local Agency Self-Insurance Authority (LASIA) , a possible new source for excess liability coverage. She introduced Ralph McIntyre, representing the District ' s insurance brokers , Flinn, Gray & Herterich. S. Norton stated that he did not recommend additional coverage in excess of the $5 million umbrella liability coverage. T. Henshaw encouraged J. Fiddes to pursue information on LASIA as a source for additional liability coverage. Motion: R. Bishop moved that the Board accept the bid package totalling $104, 362.43 from Flinn, Gray & Herterich based on the quotations shown on Exhibit A from Insurance Company of North America, Chubb, and American Empire for the District' s insurance coverage for 1988- 1989. T. Henshaw seconded the motion. The motion passed 5 to 0. C. Adoption of New Salary Ranges for General Manager Appointees and Medical Benefit Revisions in District' s Fringe Benefit Plan (Ap �ort R-88-72_of_June 15, 1988) H. Grench summarized the factors the Board considers in making salary range changes, and noted that the average 1987 to 1988 salary increase in the public sector was 4. 3%. He said that staff was recommending a four point (4 .1%) across-the-board salary range increase, as well as $100 for the single medical contribution and $225 Meeting 88-15 Page four for the family medical contribution base. H. Grench said that under Santa Clara County' s contracts with health coverage insurers, the opportunity for staff members to enroll in a different medical plan did not become effective until October 1 , possibly resulting in additional costs to employees for a three month period. He said that staff recommended that for this year the District pay any increase in an employee ' s current medical contribution amount from July 1 through September 30 if District staff is not able to get the open enrollment period changed to include a July 1 effective date. N. Hanko said that the Budget Committee also recommended the $100 and $225 base medical contribution rates , but had not addressed the payment of increases between July and September. She stated that she supported the payment of the increases , and R. Bishop concurred with her position. Motion: R. Bishop moved that the Board approve a four point across-the-board increase for General Manager appointees , effective July 1 , 1988 , and set, effective July 1, 1988 , the base single medical premium coverage rate at $100 per month and the base family medical premium coverage rate at $225 per month, while paying the additional rate increase amount above current contributions levels from July 1, 1988 through September 30, 1988 if the open enrollment period cannot be changed to a July 1 effective date. N. Hanko seconded the motion. Discussion: R. McKibbin said that he would vote for the motion with reservations , as he believed that a 4. 5 point increase was more appropriate to be in line with the public sector average. The motion passed 5 to 0 . D. Adoption of Salary Changes for Board Appointees (Report R-88-74 of June 16, 1988) N. Hanko presented the Budget Committee' s report, noting that the Committee had been charged to recommend salary increases for Board appointees . She said that, based on reviews of the appointees, the Committee recommended the following annual salaries for 1988- 1989: General Mlanager, $76,600; Legal Counsel , $64, 000; Controller, $7, 000 . She noted that the Committee also recommended that the Board consider proposals for structured time away for the General Manager after proposals had been received Meeting 88-15 Page five from the General Manager on what he was proposing to do. T. Henshaw requested that the Board consider the proposed salary increases separately. Motion: N. Hanko moved that the General Manager' s salary be increased to $76,000 for fiscal year 1988-1989. R. McKibbin seconded the motion. Discussion: R. Bishop said that he would vote in favor of the salary increase, and said that he felt that the General Manager has handled his job in an extremely capable manner. T. Henshaw stated that she would vote against the motion for reasons that she had raised during the General Manager's performance evaluation. The motion passed on the following vote: Ayes: N. Hanko, R. McKibbin, R. Bishop, and G. Andeen. No: T. Henshaw Motion: N. Hanko moved that the salary of the Legal Counsel be increased to $64,000. R. Bishop seconded the motion. Discussion: T. Henshaw said that she would vote against the motion for reasons shared individually with Board members . R. Bishop said that he felt the increased was reasonable and well deserved, and would vote in favor of the motion. The motion passed on the following vote: Ayes: N. Hanko, R. McKibbin, R. Bishop, and G. Andeen No: T. Henshaw Motion: N. Hanko moved that the Controller' s salary be increased to $7 ,000 for fiscal year 1988- 1989. R. Bishop seconded the motion. Discussion: T. Henshaw said that she was inclined to support a greater increase in the Controller' s annual salary after further study and increased responsibilities for the Controller. R. Bishop noted that M. Foster serves as the District ' s Controller on a partially volunteer basis. The motion passed 5 to 0. Meeting 88-15 Page six E. Presentation of Budget for Fiscal Year 1988-1989 (Report R- 88-74 of June 16, 1988) H. Grench gave a brief overview of the proposed budget, noting that the coming year is projected to be strong in three program areas: Open Space Acquisition because of the passage of Proposition 70; Open Space Management because of the addition of new staff and a $1 million plus development program, and Communications because of the publication of a number of public information materials during the coming fiscal year. C. Britton summarized the Open Space Acquisition Program's budget, noting that in the first paragraph on page five of the report, $13. 3 million should read $19. 2 million, and $14.1 million should be substituted for $12.2 million. D. Hansen reviewed the Open Space Management Program proposed budget, noting that the figure of $558 , 500 on page 7 under Base Budget Services and Supplies should be $588, 500. He said that the budget reflects the proposed completion of grant funded projects at Skyline Ridge and Purisima Creek Redwoods open Space Preserves. He stated that the Program planned to add additional field staff and three vehicles, plus a large tractor. T. Henshaw said that she was concerned about the 20% underspending in the 1987-1988 budget because of loss of field and planning staff time. She suggested that the problem be addressed by establishing a hiring pool to cover staff losses, and R. McKibbin said that he supported T. Henshaw' s comments. M. Hale presented the proposed budget for the Communications Program, and stated that focus will be on completing publication projects for public distribution during 1988-1989 fiscal year. T. Henshaw said that she was concerned that the program was underspent by $82, 700, and noted that the Board had given the General Manager permission to hire additional help for the Communications Program. M. Hale said that some estimates in the proposed budget would need to be revised, and that Board approval of the proposed comprehensive communications proposal to be considered at the July 13 meeting is the requisite for precise financial data. J. Fiddes reviewed the budget for General Management and Program Support, noting that $41, 000 was included for election costs. M. Foster presented the Controller' s report on the Meeting 88-15 Page seven proposed budget for fiscal year 1988-1989, and said that the District will begin the fiscal year with an estimated cash balance of $9.9 million. He said that overall tax revenue was down slightly, and debt service was approximately $10 million. He said that no public bond issues were planned for the 1988-1989 fiscal year. N. Hanko presented the Budget Committee's report, and stated that the Committee was recommending certain changes in procedure. She said that except for Proposition 70 funds , the District 's ability to purchase property is more limited than in the past, and that the Committee believed there was a need for improved procedures for budgeting for high priority property. She said that the Committee questioned the reasonableness of maximum expenditure estimates in current and past budgets, since they tend to raise expectations. The Committee' s third recommendation concerned greater attention to the relationship between the Action Plan and the budget. Motion: N. Hanko moved that the Board adopt Resolution 88-24, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting the Budget for Fiscal Year 1988-1989. R. Bishop seconded the motion. Discussion: R. Bishop thanked the Budget Committee for its work. The motion passed 4 to I on the following vote: Ayes: N. Hanko, R. Bishop, R. McKibbin, and G. Andeen. No: T. Henshaw Motion: N. Hanko moved that the Budget Committee be directed to review current procedures and make recommendations to the Board concerning long range planning and budgeting for high priority parcels. R. Bishop seconded the motion. The motion passed 5 to 0 . Motion: N. Hanko moved that the Budget Committee be directed to review current procedures and make recommendations concerning the Open Space Management budget format review, with the intention of including a reality expenditure base and ranges and contingency categories. T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: N. Hanko moved that the Budget Committee be directed to review current procedures and Meeting 88-15 eight make recommendations to the Board concerning combining consideration of the Action Plan and budget review. T. Henshaw seconded the motion. The motion passed 5 to 0 . T. Henshaw said that she felt a contingency plan was needed to take into account the loss of field staff so that the work of the District continues. F. Annual Claims List for Fiscal Year 1988-1989 (Revort R- 88-73 of June 13, 1988) Motion: N. Hanko moved that the Board approve the Annual Claims List, including debt service payments, for the 1988-1989 fiscal year. T. Henshaw seconded the motion. The motion passed 5 to 0. G. Proposed New Open Space Management Budget Policies (Report R-88-76 of June 17 , 1988) H. Grench reviewed the proposed Open Space Management Budget Policies , stating that they were consistent with the Basic Policy and Site Emphasis Policy. He outlined the priorities statements, and explained the implementation statements . The Board recessed at 9:45 P.M. and reconvened at 9: 50 P.M. G. Andeen requested that Board members limit their comments on the report to a one minute statement during this initial review. T. Henshaw said that she had not had time to study the proposal thoroughly. She said the second implementation statement seemed to refer back to N. Hanko' s earlier motion regarding budgeted money or money actually spent with respect to capital improvements. R. Bishop said that he approved of giving priority to basic improvements needed to make the preserves accessible to the public. G. Andeen said that the first priority as stated is "motherhood" and that a relationship should be shown between the land andthe people who use it. N. Hanko said that there was no mention of efforts to protect the rights of adjacent property owners in the priorities and that the sixth implementation statement was not clear. She questioned whether funding might be lost by changing the current formula and would like to see the next time this item is presented the real Meeting 88-15 Page nine difference between current allocations and what they would be under the new policy. R. McKibbin said that he would save his specific comments until further discussion of the Open Space Management Budget Policies by the Board. H. Endorsement of the San Francisco Bay Area Ridge Trail (Report R-88-71 of June 15, 1988) D. Hansen noted that the proposed trail corridor would be roughly 40 miles long and 6 miles wide, and pointed out on the wall map the proposed route of the trail through District lands. He said that the Bay Area Ridge Trail Council was seeking endorsement of the project. D. Hansen stated that staff members Dennis Danielson and Mary Gundert have volunteered their time to help determine the trail route. D. Hansen, D. Danielson, and M. Gundert showed slides of the District areas through which the trail could pass. Motion: R. McKibbin moved that the Board adopt Resolution 88-25, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the San Francisco Bay Area Ridge Trail . N. Hanko seconded the motion. The motion passed 5 to 0. I . Resolution of Appreciation to Californians for Parks and Wildlife for the Passage of Proposition 70 (ARepport R-88-75 of June 16, 1988) Motion: N. Hanko moved that the Board adopt Resolution 88-26, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Expressing Appreciation to Californians for Parks and Wildlife for the Passage of Proposition 70. R. Bishop seconded the motion. The motion passed 5 to 0. R. McKibbin thanked H. Grench for his time and efforts in helping to secure the passage of Proposition 70. VIII. INFORMATIONAL REPORTS S . Norton presented his analysis of the section of Proposition 73 dealing with mass mailings at public expense. He said that it was his opinion that mailings intended to instruct and inform and not further interests of incumbent candidates were not prohibited. He said that the Fair Political Practices Commission would be reviewing the Proposition and issuing a Meeting 88-15 Page ten ruling. R. Bishop reported that a group of Directors had met with members of the San Mateo Grand Jury, and that the Grand Jury' s main areas of interest were eminent domain and the Brown Act. fie �requested that S. Norton provide a letter containing his legal opinion regarding the District' s method of complying with the Brown Act so that a copy could be sent to the Grand Jury. X. CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 88-12. R. McKibbin seconded the motion. The motion passed 5 to 0 , with N. Hanko abstaining from voting on item 1487. XI . CLOSED SESSION S. Norton stated that the Closed Session was a continuation of the Closed Session held prior to the meeting. The Board recessed to Closed Session at 10:45 P.M. XII. ADJOURNMENT The Board reconvened to adjourn the meeting at 11:05 P.M. Joan Combs Secretary The minutes of the meeting were approved as presented.