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HomeMy Public PortalAbout19890328 - Minutes - Board of Directors (BOD) 1 Meeting 89-08 0'111111111110— 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