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.