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Home My Public Portal About19890222 - Minutes - Board of Directors (BOD) Meeting 89-04 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 FEBRUARY 22 , 1989 MINUTES I . ROLL CALL V_f dent Nonette Hanko called the meeting to order at 7 : 35 P .M. Members Present : Richard Bishop, Katherine Duffy, Robert McKibbin, Edward Shelley, Teena Henshaw, and Nonette Hanko . Member Absent : Gerry Andeen- PersonnelPresent : Herbert Grench, Craig Britton , David Hansen, Mary Hale , Jean Fiddes , Del Woods , James Boland , Stanley Norton, Mary Gundert , and Joan Combs . !I . APPROVAL OF—MINUTES J a n u ar y__2 5, -1_9_89 mot-i-on: I M. m Henshaw oved that the Board a -ove theppi minutes of January 25 , 1989 . F. Duffy seconded the motion. The motion passed 5 to 0 wi th E. Shelley abstaining from th� vote as he had not been present at the meeting . F_t-,kr Iu,a y__�S�_I_9 19 R. IIcKibbin stated that the second motion on page two of the minutes had been moved by E . Shelley and had been seconded by R. McKibbin. Motion: T. Henshaw moved that the Board approve the minutes of February 8 , 1989 as corrected . K. Duffv seconded thy= motion. The motion as corrected passed 6 to 0 . III . WRITTEN COMINIUNI CAT I ONS J . Combs stated that the Board had received a 1,�-�tter , dared January 31 , 1989 from George J . Paige , President of the South Bay Soaring Society, informing the Board that the Society wished to cancel its use permit for Windy Hill Open Space Preserve effective February 6 , 1989 . N. Hanko stated the Board ' s consensus that no reply to Mr . Paige ' s letter was necessary. Discussion centere;d on the- reasons thf-a Society wanted to cancel its peryrit , and D . Hansen stated that the primary reason concerned the burden of liability insurance . Staff was directed to prow-ide th(:,,, Board with an Herbert Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 89-04 Page two information report or information in the second reading of the Windy Hill Open Space Preserve revised comprehensive i.ise and management plan on the status of the soaring activity . N. Hanko said that Jim Warren, 345 Swett Road, Woodside, had sent each Board member a copy of a February 13 , 1989 letter sent to him by Mrs . Carrie German, 13080 Skyline Boulevard, Woodside , stating that she had not been informed by the District of a proposed helipad on Skyline Boulevard. H. Grench said that staff would be responding to Mrs . German , and that he felt no response to Mr . Warren was necessary. N. Hanko requested that staff ' s response letter to Mrs . German be distributed to the Board as an informational item. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA H . Grench introduced Melba Araquistain, who is serving as temporary Secretary to the General Manager until. a regular replacement for Emri),a Johnson is hired. N. Hanko stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Review of Revised Comprehensive Useand Manogenlent Plan for Saratoga Gap Open. ace Preserve -q9-35 _Sp P ve_ , ___ __ dated -February 16 , 1989) D. Hansen noted that since the last Use and Management Plan review in 1985, 6 . 2 acres had been added to the preserve . D. Woods reviewed the trail system, noting that realignment of the trail segment leading from the preserve to Charcoal Road and construction of the trail connection between Charcoal Road and Table Mountain were being recommended as possible joint projects with Santa Clara County. M. Gundert showed slides of the preserve and trails . R. McKibbin asked if staff had researched the possibility of drilling a well to provide water for the three houses located on the preserve . D. Hansen responded that the possibility of drilling a well had not been explored as staff did not yet know the final disposition of the buildings and that the water system was considered to be adequate at the present time . Motion: T. Henshaw moved that the Board tentatively adopt the revised Comprehensive Use and Management Plan for Saratoga Gap Open Spac-e Preserve as contained in the staff report . K. Duffy seconded the motion. The motion passed 6 to 0 . Meeting 89-04 Page three B . Pro osed 'Addition of I,1cC1e1lan__ZK D tK t i s t o M t Umunhum Area of Sierra Azu! Cpen S-pace Preserv(�; (Repjcr:t R-89-33 dated February 15 , 1989) C . Britton reviewed the staff repert , noting that the proposed acquisitions were combined into one report . He said that the purchase price for each 160--acri-, parcel was $320 , 000 , plus a $10 , 000 real estate commission. He noted that a toxic waste clause had been added as a standard clause in the purchase agreement . D . Woods showed slides of the proposed acquisitions . D . Hansen said that the properties would be designated as Conservation Management Units . Tim Cunningham, a neighbor of the properties , requested that he be allowed to continue using Cattermole Road with no restrictions after the District acqu 4 ..red the properties . C . Britton responded that rights to use Cattermole Road were unclear , but that emergency access would be allowed by the District . Motion: E. Shelley roved that the Board adopt Resolution 39-13 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate 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 William McClellan) . R. McKibbin seconded the motion . The r.iotion passed 6 to 0 . Motion: E. Shelley moved that the Board adopt, Resolution 89-14 , a Resolution of t-,he Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of P�irchase Agreement t , Authorizing Officer to E ,--cute Certificate 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 Gregory McClellan et ux. ) . R . McKibbin seconded the motion. The motion passed 6 to C . Motion: E. Shelley Tlioved that the Board tentatively actopt the Preliminary Use and Managenient Plan recommendations contained in the staff report , including naming the properties as Meeting 89-04 Page four additions to the Mt . Umunhum, Area of Sierra Azul Open Space Preserve . R . McKibbin seconded the motion. The_, -,riotion passed 6 to 0 . Motion: E. Shelley moved that the Board indicate its intention to withhold the properties fron dedication as public open space at this time . R . McKibbin seconded the motion. The motion passed 6 to 0 . Co Response to 'Z t o San -lateo Couqty rand Re�ort_ ort _L R.-89--36 dated February 19 8 9) H. Grench said that the District had received a copy of the Grand Jury ' s Final, Report on January 30 , 1989 , and that he had distributed his own response the following day . He said that as Board response to the rizport is required and suggested that his January 31 , 1989 memorandum be submitted with the cover letter that he and G. Andeen had drafted. N. Hanko stated that G . Andeen had requested that the Board consider adding an additional sentence to the letter either stating that the District would he reconsidering the Brown Act list or had requested that the Legislative Committee reactivate its consideration of the subject for an appropriate change in the law. Discussion centered on G. Andeen ' s proposed addition to the letter . H. Grench said that there should be a future agenda item if the Board wished to consider a possible change of procedure related to the Brown Act list . He said that the Legislative Committee would be the proper forum to discuss a possible change in the legislation. R. Bishop said that he favored leaving the cover letter unchanged. Motion: R. Bishop moved that the Board authorize the President to send th(---- proposed letter to the, San Mateo County Superior Court Presiding Judge incorporating the General Manager ' s January 31 , 1989 memorandu-im to the Board regarding the Grand Jury ' s report . T. Henshaw seconded the Yfiot.ion . The motion passed 6 to 0 . Motion: T. Henshaw moved that the Legislative COM.MittsE,- reconsider the procedures the District uses concerning the Brown Act . Discuss-i'on: E . Shelley said that he felt that a decision of whether to seek legislative change should come to the entire Board before being referred to the Legislative Committee . H. Gi_ench Meeting 89-04 Page five said that Board policy states that legislative matters can be considered by the Comrittee , and can be initiated by the General Manager , by Committee members , or by the Board . Discussion centered on whether the Board wanted to reinstitute discussions regarding the Brown Act notification list at the pre-sent time . The motion was not seconded and T. Henshaw subsequently withdrew it . Motion: R . Bishop moved that the General Manager be authorized to send a copy of the letter to the Santa Clara County Grand Jury committee that is currently studying the District . T. Henshaw seconded the notion . The motion passed 6 to 0 . D. S-alaKy Review Procedure (Re.Port R-89-31 dated Februar.Y. LO _1989) T. Henshaw introduced the Budget Committee ' s report and reviewed the proposed salary review procedure . E . Shelley said that he felt that the hiring of an outside consultant every five years as stated in item 2 should be flexible , and that the words "at least" or "approximately" should be inserted before the words "every five years" . T. Henshaw said that five years was intended only as a guideline and agreed to the addition. T. Henshaw noted that item 3 was new and allowed Board appointees to give oral or written proposals concerning compensation to the Board without Board discussion. H. Grench stated that "compensation" could be substituted for "salary" throughout the document since, salary and/or benefits might be involved. N. Hanko stated that the amendments to the, procedure should be : 1) the addition of the word "approximately" before "every five years" in item 2 , line 3 ; 2) the addition of the word "compensation" in item 3 , line "" , after the word "written" ; and 3) substitution of the word "salary" with the word "Compensation" throughout the procedure . Motion: T . Herishaw moved that the Board adopt the Compensation Review Procedure recommended by the Budget Committee and as amended during the discussion. E. Shelley seconded the motion. The motion passed 6 to 0 . Meeting 89-04 Page six E . "Not-So-Azinua1_Regjqaj1 Park and p O ptn isict Meting -2 d q , Qer (ReqL;_ R-j9 date Febr H. Drench said that a reception will not be held on Friday evening before the conference after all , and therefore , Friday night lodging for District staff would not be paid by the District . He said that staff members will bra reimbursed. for Saturday night ' s lodging if they participate in the Sunday tour . Motion: E . Shelley moved that the Board authorize reimbursement of Directors ' expenses for Saturday night ' s lodging at the conference rate , mileage , and meals for the "Not-So-Annual" Conference . R . McKibbin seconded the motion . The motion passed 6 to 0 . T. Henshaw and K. Duffy stated that they would not be attending the conference . F. Q - !,jRjjnU,oTClosed Session Prior to March 8 Public Board Meeti g_SEjpprj_ R-89-30 dated February 15 ., Q19) Motion: R . Bishop moved that the Board schedule a closed session at 5 : 30 P.M. on March 8 for the purpose of discussing personnel matters . T . Henshaw seconded the motion. The motion passed 6 to 0 . VII . INFORMATIONAL R-EP-ORTS H . trench called the Board ' s attention to the updated planning calendar that was included in the material distributed at the meeting. H. Grench reported that the San Mateo County Local Agency Formation Commission (LAFCO) had voted 4 to 0 to approve the District ' s annexation of the former Stanford University property now owned by the District . He said that Santa Clara County LAFCO, which referred the issue to San Mateo County LAFCO, will consider the annexation at its next meeting in April . R. McKibbin said that he had attended the February 14 event hosted by the Stortzes at the Picchetti Ranch Area celebrating the reopening of Montebello Road . He said that K. Duffy and several staff members also attended the event . VIII . CLAIMS Motion : R. Bishop moved that the Board approve the Revised Claims 89-04 . E . Shelley seconded the motion. The motion passed 6 to 0 . IX. CLOS E D SESSION S . Norton stated that existing litigation matters to be discussed in Closed Session fell under Governnent CoW Meeting 89-04 Page seven Section 54956 . 9 (a) 1 . The Board recessed to Closed Session at 8a P , M. to discuss litigation and land negotiation matters . X. ADJOURNMENT Th{� Board reconvened to adjourn the meeting at 9 : 35 P .M. Joan Combs S e r e ar