HomeMy Public PortalAbout19890328 - Minutes - Board of Directors (BOD) 1 Meeting 89-08
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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
March 28 , 1989
MINUTES
I . ROLL CALL
President Gerry Andeen called the meeting to order at 7 :36 P.M.
Members Present: Katherine Duffy, Robert McKibbin, Teena Henshaw,
Edward Shelley, Nonette Hanko, Gerry Andeen, and Richard Bishop.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes , Del Woods, Jim Boland, Walter Goggin, Sheryl Marioni ,
and Stanley Norton.
APPROVAL OF MINUTES
March 8, 1989
Motion: T. Henshaw moved that the Board approve the minutes of the
meeting of March 8 , 1989. R. Bishop seconded the motion.
The motion passed 6 to 0 with E. Shelley abstaining from
the vote since he had not attended the meeting.
March 15, 1989
Motion: T. Henshaw moved that the Board approve the minutes of the
meeting of March 15, 1989 . R. Bishop seconded the motion.
The motion passed 7 to 0 .
III . WRITTEN COMMUNICATIONS
J. Fiddes stated that the Board had received the following written
communications:
1 . a letter, dated March 7 , 1989, from Mia James , 4195 George
Avenue, #4, San Mateo, in response to the San Mateo County
Grand Jury report and expressing her support for the District ' s
activities;
2 . a letter, received March 9, 1989, from Judith Milgram, 825
Cedro, Stanford, commenting on the San Mateo County Grand Jury
report and expressing her support for the District ' s
activities; and
3. a letter, dated February 28 , 1989 , from Perla Kohs , 15455
Blackberry Hill Road, Los Gatos, containing several questions
regarding the proposed use and management of newly acquired
District property located at the end of Blackberry Hill Road.
J. Fiddes stated that draft responses prepared by staff for Board
consideration accompanied the written communications .
Herbert Grench,General Manager,Board of Directors.,Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop
Meeting 89-08 Page two
G. Andeen stated the Board' s consensus to mail the proposed
responses to Ms. James and Ms. Milgram and to forward the draft
response to Ms. Kohs after changing the word "representatives" to
representation in the first sentence of the second paragraph.
D. Hansen stated that the attachment to the draft response was not
the correct one, but the correct attachment would be sent with the
response to Ms . Rohs.
IV. ORAL COMMUNICATIONS
There were no oral communications .
V. ADOPTION OF AGENDA
G. Andeen stated that the agenda was adopted by Board consensus.
VI . BOARD BUSINESS
A. Final Adoption of the Preliminary Use and Management Plan for
the Young Property Addition to Mt. Umunhum Area of Sierra Azul
Open Space Preserve (Report R-89-51 of March 14, 1989) ; Final
Adoption of the Preliminary Use and Management Plan for the
Fontana Property Addition to Mt. Umunhum Area of Sierra Azul
Open Space Preserve (Report R-89-50 of March 14, 1989) ; Final
Adoption of the Preliminary Use and Management Plan for the
Brennan Property Addition to Mt. Umunhum Area of Sierra Azul
Open Space Preserve (Report R-89-55 of March 16, 1989) ; and
Final Adoption of the Preliminary Use and Management Plan for
the Peninsula Open Space Trust Property Addition to the Kennedy
Road Area of Sierra Azul Open Space Trust (Report R-89-57 of
March 17, 1989)
Motion: R. Bishop moved that the Board approve the actions
recommended by staff for agenda items one, two,
three, and four. N. Hanko seconded the motion.
Discussion: D. Hansen stated that there were no
changes proposed for any of the Preliminary Use and
Management Plans for the four properties . Referring
to the Brennan property acquisition, he stated that
staff would be visiting the area within the next
month to meet with neighboring property owners who
have questioned access rights on Cattermole Road and
to discuss the relocation of the gate on the property
at the junction of Loma Prieta and Cattermole Roads .
The motion passed 7 to 0.
B. Proposed Addition of Fletscher Property to Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-52 of March 14,
1989
H. Grench stated that the proposed Fletscher property acquisi-
tion and the following five proposed acquisitions listed on the
agenda were all in the Mt. Umunhum Area and that all the pro-
posed acquisitions, save the Tcbar property, were in the
Herbert Creek watershed area. He stated that staff would
discuss the properties in the Herbert Creek watershed as a
group.
Meeting 89-08 Page three
D. Hansen showed slides of the Fletscher, Alsberge , Neubert,
Sciarrino, and Luckhardt properties . He reviewed the proposed
use and management recommendations and stated that all the
properties, except the Sciarrino parcel , were being recommended
for designation as Conservation Management Units .
C. Britton stated that the purchase price for the Fletscher
property was $273 , 900 . He said that Mr. Fletscher would retain
one 40-acre site, subject to a right of first refusal on the
site and to a conservation easement over the southerly 20
acres.
Motion: R. Bishop moved that the Board adopt Resolution
89-17 , 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 Fletscher) . T. Henshaw seconded
the motion. The motion passed 7 to 0.
Motion: R. Bishop 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 Mt. Umunhum Area of
Sierra Azul Open Space Preserve. T. Henshaw seconded
the motion. The motion passed 7 to 0 .
Motion: R. Bishop moved that the Board indicate its intention
to withhold the property from dedication as public
open space at this time . T. Henshaw seconded the
motion. The motion passed 7 to 0 .
C. Proposed Addition of Alsberge Property to Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-48 of March 14-,-
1989)
C. Britton stated that the full purchase price for this 160-
acre parcel of land was $280, 000 payable in cash at the close
of escrow.
Motion: R. Bishop moved that the Board adopt Resolution
89-18 , 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 Alsberge) . T. Henshaw seconded
the motion. The motion passed 7 to 0 .
Meeting 89-08 Page four
Motion: R. Bishop 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 Mt. Umunhum Area of
Sierra Azul Open Space Preserve. T. Henshaw seconded
the motion. The motion passed 7 to 0.
Motion: R. Bishop moved that the Board indicate its intention
to withhold the property from dedication as public
open space at this time. T. Henshaw seconded the
motion. The motion passed 7 to 0.
D. Proposed Addition of Neubert Property to Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-49 of March 14,
1989)
C. Britton reviewed the terms of the purchase agreement for the
one-quarter interest in this 328-acre parcel of undeveloped
land and said that the purchase price was $82, 000 . He said
that the property was subject to a Joint Venture Agreement that
gives the remaining interest holders a 30-day right of first
refusal .
John McEnaney of Loma Prieta Investment Group, 1065 Fremont
Avenue, Los Altos stated that he was one of the joint partners
in the investment group, that neither he nor his wife nor one
of the other two partners would give written consent to the
District ' s acquisition of the one-quarter interest, and that he
was opposed to the District' s purchase of the one-quarter
interest.
Motion: E. Shelley moved that the Board adopt Resolution 89-
19, 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 Neubert et ux. ) . K. Duffy
seconded the motion. The motion passed 7 to 0.
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 Mt. Umunhum Area of
Sierra Azul Open Space Preserve. K. Duffy seconded
the motion. The motion passed 7 to 0 .
Motion: E. Shelley moved that the Board indicate its inten-
tion to withhold the property from dedication as
public open space at this time. K. Duffy seconded
the motion. The motion passed 7 to 0 .
Meeting 89-08 Page five
E. Proposed Addition of Sciarrino Property to Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-53 of March 15,
1989)
C. Britton stated that the cash purchase price for the acquisi-
tion of fee title to the 160-acre parcel and acquisition of
seven-eighths interest in the partnership holding the remaining
35-acre parcel was $294 , 000.
Motion: N. Hanko moved that the Board adopt Resolution 89-20,
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 Sciarrino) . K. Duffy seconded the
motion. The motion passed 7 to 0 .
Motion: N. Hanko 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 Mt. Umunhum Area of
Sierra Azul Open Space Preserve . K. Duffy seconded
the motion. The motion passed 7 to 0.
Motion: N. Hanko moved that the Board indicate its intention
to withhold the property from dedication as public
open space at this time. K. Duffy seconded the
motion. The motion passed 7 to 0.
The Board next considered the proposed Luckhardt property acquisition
because of the property' s location in the Herbert Creek watershed.
F. Proposed Addition of Luckhardt Property to Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-56 of March 16,
1989)
W. Goggin stated that the cash purchase price for this 35-acre
parcel was $26 , 000 .
Douglas Murphy, 1457 Blackstone Avenue, San Jose, an owner of
property in the vicinity of the Luckhardt property, called for
adequate patrol by sheriff ' s deputies in the area. Shannon
Murphy, 1785 Patio Drive, San Jose, an adjacent property owner,
asked the Board to consider the security of his adjacent
property and the threat of fire if the Luckhardt property is
opened to the public . David Leeson, 15300 Soda Springs Road,
Los Gatos, expressed his concerns regarding fires and safety
and questioned if the District had a policy regarding how many
people it would allow into an area and road maintenance
agreements. D. Hansen responded that the District has a road
maintenance policy, but no policy regarding how many people it
would allow into an area. He explained the concept behind the
conservation management unit for certain District properties .
Meeting 89-08 Page six
Motion: R. Bishop moved that the Board adopt Resolution
89-21 , 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 Luckhardt) . T. Henshaw seconded
the motion. The motion passed 7 to 0.
Motion: R. Bishop 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 Mt. Umunhum Area of
Sierra Azul Open Space Preserve. T. Henshaw seconded
the motion. The motion passed 7 to 0.
Motion: R. Bishop moved that the Board indicate its intention
to withhold the property from dedication as public
open space at this time. T. Henshaw seconded the
motion. The motion passed 7 to 0 .
G. Proposed Addition of Tobar Property to Mt. Umunhum Area of
Sierra Azul Open Space Preserve (Report R-89-54 of March 16,
12-89
C. Britton stated that the terms of the purchase contract for
this 12 . 5-acre undeveloped parcel included a $40, 000 cash
purchase price. D. Hansen reviewed the preliminary use and
management recommendations for the property, noting that the
property would be designated as a Conservation Management Unit.
Motion: R. Bishop moved that the Board adopt Resolution
89-22 , 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 Tobar) . T. Henshaw seconded the
motion. The motion passed 7 to 0 .
Motion: R. Bishop 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 Mt. Umunhum Area of
Sierra Azul Open Space Preserve . T. Henshaw seconded
the motion. The motion passed 7 to 0 .
Motion: R. Bishop moved that the Board indicate its intention
to withhold the property from dedication as public
open space at this time. T. Henshaw seconded the
motion. The motion passed 7 to 0 .
Meeting 89-08 Page seven
G. Andeen called a recess at 8 :50 P.M. The meeting reconvened at
9 : 00 P.M.
David Leeson addressed the Board regarding the final adoption of the
Preliminary Use and Management Plan for the Peninsula Open Space
Trust property addition to the Kennedy Road Area of the Sierra Azul
Open Space Preserve. He stated that Blackberry Hill Road was not
adequate for much traffic and that safety on the road and on the
property needed to be taken into consideration. He questioned how
the District would become a contributing member of the Blackberry
Hill Road Association. H. Grench responded that a meeting would be
held with the property' s neighbors to discuss use of the property
and that the Board has a road maintenance policy that allows for
sharing of expenses .
H. Adoption of the Action Plan for the Implementation of the Basic
Policy of the Midpeninsula Regional Open Space District for
1989-1990 Fiscal Year (Report R-89-47 of March _13_, 1989)
H. Grench stated that there were no changes to recommend since
the Board' s tentative adoption of the Action Plan at the March
8 meeting.
Motion: E. Shelley moved that the Board adopt the revised
Action Plan for the Implementation of the Basic
Policy of the Midpeninsula Regional Open Space
District for the 1989-1990 fiscal year. N. Hanko
seconded the motion. The motion passed 7 to 0 .
I . Adoption of New Salary Ranges for General Manager Appointees
for 1989-1990 Fiscal Year (Report R-89-59 of March 23 , 1989)
H. Grench introduced this agenda item, and G. Foss summarized
his report, highlighting the consumer price index data and
public and private sector salary range trends. H. Grench
reviewed the reasons for the special range adjustments that he
was recommending in the report and the four and one-half point
across-the-board salary adjustment for all General Manager
appointees.
Motion: E. Shelley moved that the Board approve a five-point
special adjustment increase in the current Open Space
Technician salary range of Step No. 166. 5 to Step No.
196 . 5; a two-point special adjustment increase in the
current Secretary salary range of Step No. 176 . 5 to
Step No. 206. 5; a two-point special adjustment
increase in the current Office Manager/Secretary to
the General Manager salary range of Step 185. 5 to
Step No. 215. 5; and an eight-point special adjustment
increase in the current Accounting Specialist salary
range of Step No. 181 . 5 to Step No. 211 . 5; that the
Board approve a four and one-half (4 . 5) point across-
the-board increase in addition to the special adjust-
ments for all General Manager appointees in the
Salary Pay Plan, effective April 1 , 1989; and that
the Board modify its existing policy so as to
Meeting 89-08 Page eight
implement salary range changes effective April 1 ,
beginning in 1989, in order to correspond with the
District ' s new fiscal year. T. Henshaw seconded the
motion.
Discussion: H. Grench noted that the correct special
range adjustment for the Accounting Specialist was
Step No. 181 . 5 to 211 . 5 and that the maximum monthly
salary shown on Exhibit B for the Land Acquisition
Manager and Land Manager should be $5474 .
The motion passed 7 to 0.
J. Compensation for Board Appointed Officers (Report R-89-61 of
March 20, 1989)
T. Henshaw reviewed the Budget Committee ' s report, noting the
changes in Board appointees compensation would be effective
April 1 . Discussion focused and the Board was divided on
whether to give the General Manager a 2% bonus and 6% annual
increase, or a straight 8% annual increase, and awarding the
Controller a bonus at the conclusion of a note issue.
Motion: E. Shelley moved that the Board alter the Budget
Committee ' s recommendation for the General Manager
from an 8% increase to a 6% annual increase plus a 2%
bonus . R. Bishop seconded the motion. The motion
passed on the following vote:
Ayes: R. Bishop, T. Henshaw, N. Hanko, and
E. Shelley
Noes : K. Duffy, G. Andeen, and R. McKibbin
Motion: E. Shelley moved that the Board adopt the additional
recommendation for the General Manager of one addi-
tional week of administrative leave. N. Hanko
seconded the motion. The motion passed 7 to 0 .
Motion: R. Bishop moved that the Board approve no increase
in salary for Legal Counsel but a decrease in hours
from 48 to 45 with litigation hours continuing to be
treated separately but at the same hourly rate, and
that the Board approve a 6% increase in the Control-
ler ' s salary, as well as additional compensation in
the form of a bonus at the conclusion of future note
issues . T. Henshaw seconded the motion. The motion
passed 7 to 0.
G. Andeen stated that implicit in the Board actions was the April 1
effective date.
K. Acceptance of Package and Automobile Insurance Bid Coverage for
1989-1990 (Report R-89-58 of March 22, 1989)
J. Fiddes reviewed the staff report, and Skip McIntyre of
Flinn, Gray & Herterich reviewed the reasons he strongly felt
Meeting 89-08 Page nine
it was appropriate for the Board to delete physical damage
protection from the District ' s automobile insurance policy.
H. Grench pointed out that the risk was that a rather new
vehicle could undergo considerable damage from a tree falling,
vandalism, or District-caused accident.
Motion: R. Bishop moved that the Board authorize staff to
delete physical damage protection from the District ' s
automobile insurance policy and accept the package
(liability and property) and automobile insurance bid
totalling $66, 838 from Flinn, Gray & Herterich based
on the quotation from CIGNA for the period of April
1, 1989 through March 31, 1990. K. Duffy seconded
the motion. The motion passed 7 to 0.
L. Adoption of Budget for Fiscal Year 1989-1990 (Report R-89-62 of
March 22, 1989)
J. Fiddes distributed revised budget resolutions that included
the compensation adjustments for Board appointees and General
Manager appointees. The total of all expenditures as shown on
the revised budget resolution was $20, 518 , 109.
Motion: E. Shelley moved that the Board adopt Resolution
89-22, a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Adopting
Budget for Fiscal Year 1989-1990. R. McKibbin
seconded the motion. The motion passed 7 to 0 .
Motion: E. Shelley moved that the Board increase the General
Manager ' s authority to bind the District for the
payment for supplies, materials, or. labor for new
construction of any building, structure, or improve-
ment from $10, 000 to $25, 000 , R. Bishop seconded the
motion. The motion passed 7 to 0.
M. Annual Claims List for Fiscal Year 1989-190 (Revised Report
R-89-60 of March 21, 19891
J. Fiddes distributed a revised claims list that reflected the
compensation changes that had been approved by the Board
earlier in the meeting. The total of the annual claims list
was $2, 027 , 350; there were no changes in Attachments A and B
detailing the District' s current debt service annual claims for
1989-1990 and the District ' s debt service obligations .
Motion: E. Shelley moved that the Board approve the Annual
Claims List, including debt service payments for the
1989-1990 fiscal year. R. Bishop seconded the
motion. The motion passed 7 to 0 .
N. Land and Water Conservation Fund Application for Trail Develop-
ment Project at Pulgas Ridge Open Space Preserve (Report R-89-
63 of March 22, 1989)
D. Hansen highlighted the features of the proposed trail
development project at Pulgas Ridge Open Space Preserve to be
funded by the requested grant.
Meeting 89-08 Page ten
H. Grench noted that he had met recently with David Christy and
Supervisor Schumacher from San Mateo County, who had expressed
his interest in having a group picnic area at Pulgas Ridge Open
Space Preserve .
Motion: N. Hanko moved that the Board adopt Resolution 89-23 ,
Resolution of the Board of Directors of the Midpenin-
sula Regional Open Space District Approving the
Application for Land and Water Conservation Funds for
the Pulgas Ridge Open Space Preserve Trail Develop-
ment Project. T. Henshaw seconded the motion. The
motion passed 7 to 0 .
VII . INFORMATIONAL REPORTS
H. Grench reported that he and J. Boland had appeared before the San
Mateo County Board of Supervisors to review what the District is
doing to prepare for the upcoming fire season. He also reported on
the two sessions he had chaired at the recent California Park and
Recreation Society Conference, noting that Phyllis Cangimi and
Michael Brown had been the speakers for the Access to Park Facili-
ties session and that D. Woods was the precentor for the Resolving
Trail Conflicts session.
H. Grench said that Senator Alquist had agreed to sponsor the
District' s legislation concerning the preparation time for the
District ' s audit and that Assembly Member Cortese had agreed to
carry the District ' s density credit bill .
D. Hansen reminded the Board of the April 1 Kite Day at Windy Hill
Open Space Preserve and reported on the State Trails Conference he
had attended at Asilomar. He said that L. McGuire had given a slide
presentation at the conference on the District ' s volunteer program.
VIII. CLAIMS
Motion: N. Hanko moved that the Board approve Revised Claims
89-06 . T. Henshaw seconded the motion. The motion passed
to 7 to 0.
IX. CLOSED SESSION
S. Norton announced that litigation matters to be discussed in
Closed Session fell under Government Code Section 54956.9 (a) . The
Board recessed to Closed Session on litigation and land acquisition
matters at 10:20 P.M.
X. ADJOURNMENT
The meeting was adjourned at 10:50 P.M.
Jean H. Fiddes and Cecilia A. Cyrier