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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR MEETING
BOARD OF DIRECTORS
March 25 , 1992
MINUTES
T . ROLL CALL
President Robert McKibbin called the meeting to order at 6: 37 P.M.
Members Present : Ginny Babbitt , Richard Bishop, Betsy Crowder', Kav
Duffy, Nanette Hanko, Teena Henshaw, and Robert McKibbin .
Personnel Present : Herbert Grench , Craig Britton, Jean Fiddes , Mary
Hale , John Escobar, Del Woods , and Deborah Zucker.
IT . CLOSED SESSION
The Board recessed to Closed Session to discuss personnel matters
and existing litigation matters that fell under Government Code
Section 54956 . 9 (a) , Vidovich vs . MROSD.
The Board reconvened for the public meeting at 7 : 30 P.M.
ITT . APPROVAL OF MINUTES
March 11 , 1992
Motion: B. Crowder moved that the Board accept the minutes of March
11 , 1992 as presented . G. Babbitt seconded the motion. The
motion passed 6 to 0 with T. Henshaw abstaining since she
did not attend the meeting .
TV. WRITTEN COMMUNICATIONS
Deborah Zucker stated that the Board received a letter dated March
9 , 1992 from Carol. Musser, President , Los Gatos Chamber of Commerce
asking in behalf of the board of directors of the Chamber of
Commerce that the District reconsider its position concerning the
proposed Los Gatos Redevelopment Agency. D. Zucker stated that a
draft response was attached for Board approval . R. McKibbin
directed staff to hold the response pending preparation of an
attachment explaining the District ' s position .
V. ADOPTION OF AGENDA
R. McKibbin stated that the agenda was adopted by Board consensus .
VT . ORAL COMMUNTCATTONS
There were no oral communications .
201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 . Phone:(415)949-5500 - FAX:(415)949-5679
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 92-7 Page 2
VIZ . BOARD BUSINESS
A. Acceptance of Insurance Coverage for 1992-1993 (Report R-92-38)
J. Fiddes stated that the $134 , 030 total of premiums was 12%
below the District ' s 1991-1.992 insurance premiums She
introduced Skip McIntyre of Flinn, Gray & Herterich. He
explained that the overall decrease in premium was due primarily
to the high rating given to the District ' s risk management
program directed by the Board and implemented by District staff .
He stated that of the seventy comparable types of client
exposure that the underwriter reviewed the District ' s largely
claim-free existence was the best she had seen. He stated that
the staff and the Board should be commended for its risk
management . T. Henshaw commented that by Mr. McIntyre ' s
presentation of ways to improve safety and reduce insurance
costs the Board and staff were advised and followed through with
its risk management program. R. McKibbin requested that the
Board ' s commendation to the staff be conveyed to them.
Motion: G. Babbitt moved that the Board accept the insurance
package totalling $134, 030 from Flinn, Gray &
Herterich. B. Crowder seconded the motion. The
motion passed 7 to 0.
B. Adoption of Budget for Fiscal Year 1992-1993 (Report R-92-37)
H. Grench highlighted features of the budget and stated his
recommendations that the Board approve the preliminary budget
for fiscal year 1992-1993 and direct staff to return to the
Board in the second quarter of fiscal year 1992-1993 with a
revised budget .
H. Grench stated that new land acquisition money was coming
primarily from borrowing with little from the regular tax
revenue income received by the District . He emphasized that the
District is obligated to first use tax revenue income for debt
service. He explained that the $7 . 3 million was included in the
1-992-1993 previous land commitment category for the Vidovich
property acquisition and said the $14 . 1 million for acquisitions
and acquisition-related expenses in 1992-1993 would be
accomplished with a note issue, the sale of Teague Hill. parcels,
and the long term transfer of interest in the former Smith
property at Russian Ridge Open Space Preserve. In an overview
of the remaining programs, he explained the reason for other
differences in the fiscal year 1991-1992 adopted budget and
projected expenses .
H. Grench added that the $1 million to be raised by the
formation of a benefit assessment district to help purchase the
Vidovich property was not included in the 1992-1993 budget
Meeting 92-7 Page 3
figures .
He stated that net income from enterprise is about $280, 000. He
stated that the overall budget for fiscal year 1992-1993 for the
Planning, Design, and Development Program is about $1 . 5 million,
a 13% increase over the budget for fiscal. year 1-991-1992 . He
noted that a significant portion of the $959, 600 budgeted for
1992-1993 capital improvement projects was to catch up on infra-
structure improvements and site development projects that had
been deferred or not completed in 1991-1992. H. Grench also
noted the net base budget for operations and planning combined
exceeded the open space management budget guideline by
approximately $240 , 000 .
H. Grench stated that the Communications Program budget was
essentially status quo except for the needs generated by the
District ' s 20th Anniversary events .
Board members reviewed budget programs and asked staff for
clarification of budget items. Tn response to a question about
surplus land sales , M. Foster stated that the District ' s income
would need to be augmented by the sale of the Teague Hill
parcels prior to December 1993 in order to meet the District ' s
commitment for the purchase of the Phleger property.
Controller' s Report on the Proposed Fiscal Year 1992-93 Budget
(Report R-92-35)
M. Foster reported that for the tax year ending in June tax
revenue was running about 7% above the previous tax year, the
lowest it has ever been and that he had projections that tax
revenue for the coming year would increase by about 6. 5%. He
stated that no acquisition grants were budgeted and that this
was to have a major impact on the acquisition program. He
reiterated that sale of Teague Hill. surplus property was not
necessary for fiscal 1992-1993 but would be necessary prior to
December 1993. He stated that he was preparing a note issue of
$11 . 5 million to be made in the summer of 1992 and that the note
issue would be within the District ' s debt limit and ability to
repay.
M. Foster stated that his financial forecast included a note
issue each year for the next two years bringing the total of
note issues for five years to $48 million for new land
acquisition. There would be $20 million for land management and
preserve development from regular funds.
Budget Committee ' s Report on 1992-1993 Budget (Report R-92-40)
G. Babbitt reviewed the Budget Committee ' s report. She noted
that the concern for lack of growth in operations was being met
in the budget by a 16% increase in salaries and benefits , 22% in
Meeting 92-7 Page 4
services and supplies , and 4% in fixed assets over the previous
year' s budget. She stated that the committee reviewed the use
of consultants and the associated costs for each program. She
said the committee recommended that the Board accept the
proposed budget for fiscal year 1992-1993 .
T. Henshaw requested the general. manager ' s recommendation
regarding returning with a revised budget should be changed to
direct staff to return to the Budget Committee for a
recommendation to the Board.
B. Crowder, referring to the Budget Committee ' s report, noted
that present facilities have reached full capacity for
accommodating staff .
Motion: N. Hanko moved that the Board adopt Resolution 92-11 ,
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Adopting
Budget for Fiscal Year 1992-1993 . R . Bishop seconded
the motion. The motion passed 7 to 0 .
Motion: N. Hanko moved that the Board direct staff to return to
the Budget Committee , for recommendation to the Board ,
in the second quarter of fiscal year 1992-1993 with a
revised budget reflecting salary and benefit
adjustments approved for Board appointees , salary and
benefit adjustments for non-represented general manager
appointees based on the classification, salary, and
fringe benefit study being conducted by Ralph Andersen
& Associates , staffing recommendations for the public
affairs program, and other appropriate adjustments .
R . Bishop seconded the motion. The motion passed 7 to
0 .
C. Streamlining of District Procedures (Reports R-92-31 and R-92-
36) R. McKibbin directed the Board ' s review of the streamlining
proposal made by staff . Clarifications from the discussion,
action decisions, and Board consensus were as follows :
1 . Budget-Action Plan-Site Emphasis Plan
(A) No specific recommendation was made for a mid-year
review, and the Board members expressed a need to be kept
well informed with periodic updates. The Board reached a
consensus to accept a two-year cycle and agreed to eliminate
some of the standard "boiler plate" statements that appear
in the Action Plan. N. Hanko stated that a detailed Action
Plan was an important resource for new Board members . J.
Fiddes recommended that timetables accompany each item the
first time it is presented to the Board as part of a two-
year cycle. The Board decided to examine the necessity of a
Meeting 92-7 Page 5
site emphasis plan in its review of Board policies .
2 . Board Policies
H. Grencb stated that an example of increasing staff
authority was eliminating the need for Board approval for
sign and gate placement. R. McKibbin and T. Henshaw
recommended having a student intern review the policies and
present findings to a Board committee. Other suggestions
were to review policies on a case by case basis and to have
a couple of staff members working with a couple of Board
members on the project. R. McKibbin stated that he would
take the appointment of a Board committee under advisement .
T. Henshaw, R. Bishop, and N. Hanko volunteered to be on the
committee.
3 . Board Meetings
(A) H. Grench stated that the reason for scheduling major
items for the first Board meeting of the month would be to
concentrate planning staff ' s preparation of reports for the
first meeting to allow more extended time for work on other
projects and to allow for the possibility of canceling the
second meeting of the month a couple of times a year. Board
members noted the importance of maintaining regularly
, scheduled meetings for the public benefit . J. Fiddes stated
that another consideration was the use of the second meeting
for study sessions and long closed session discussions.
(B) and (C) Consensus .
(D) T. Henshaw stated that the Board passed a motion
several years ago to look at the items remaining on a
meeting ' s agenda at 9 : 15 and determine which items
would be carried over to another meeting. J. Fiddes
was directed to research the passage of that motion.
(E) through W Consensus .
4 . Board Committees
K. Duffy recommended that the Board form three member
committees and require that only two members be present for
meetings . In reference to (D) N. Hanko stated that the
Board' s responsibility was to focus on oversight as well. as
policy.
(A) through (C) Consensus .
(D) Change to "Focus on policy and oversight per Board
policies. " Consensus .
Meeting 92-7 Page 6
(E) and (F) Consensus .
5. (A) through (C) Consensus .
6. Meetings (General )
(A) Consensus .
(B) D. Woods stated that good neighbor meetings were an
example of the type of off-site meetings requiring a
significant amount of staff preparation time. The Board
requested the evaluation of the off-site meeting issue
after the next good neighbor meeting.
D. Scheduling of Special Meeting (Report R-92-34)
Motion: T. Henshaw moved that the Board schedule a Special
Meeting for Thursday, April 9, 1992 from 4 :30 P.M. to
8 : 30 P.M. at the District office for the purpose of
holding a closed session - personnel matters to discuss
Board-management relationships . G. Babbitt seconded
the motion . The motion passed 7 to 0 .
Motion: T. Henshaw moved that the Board schedule a Special
Meeting for Wednesday, April 1 , 1992 beginning at 7 : 30
P.M. at the District office for the purpose of holding
a closed session - personnel matters to continue the
general manager' s evaluation. G. Babbitt seconded the
motion. The motion passed 7 to 0 .
E. Award of Contract for Skyline Ridge Open Space Preserve Trail
Development Project (LWCF 06-01240) (Report R-92-42)
Motion: T. Henshaw moved that the Board accept the lowest
responsible alternate bid of $49 , 992 from Summit
Springs Design of Woodside, California for construction
of a bridge crossing the spillway at Horseshoe Lake,
grading improvements and drainage repairs on an
existing eight-foot wide road, and construction of a
four-foot wide hiking trail which will extend to the
southeastern boundary of the preserve per the plans and
specifications prepared by Dillingham Associates and
Western Wood Products. and authorize the general
manager to enter into a contract for performance of the
work. G. Babbitt seconded the motion. The motion
passed 7 to 0 .
F. Annual Claims List for Fiscal Year 1992-1993 (Report R-92-39)
Motion: T. Henshaw moved that the Board approve the annual
claims list , including debt service payments, for the
1992-1993 fiscal year. G. Babbitt seconded the motion.
The motion passed 7 to 0.
Meeting 92-7 Page 7
VTTT . INFORMATIONAL REPORTS
B. Crowder asked for 20th Anniversary theme suggestions and informed
the Board of the committee ' s progress , which included Director
Babbitt ' s participation in Mountain View parade on April 25 and the
Skyline Ridge Open Space Preserve dedication and Ridge Trail
dedication on May 30 . She stated that speakers invited for the
dedication were Alan Brown, Peninsula Open Space Trust; Brian
O'Neill , Golden Gate National Recreation Area; Senator Rebecca
Morgan; Santa Clara County Supervisor Michael Honda; San Mateo
County Supervisor William Schumacher; and Don Murphy, California
State Parks and Recreation Department Director. She stated that in
the summer and fall there would be special hikes and reminded Board
members that they would be asked to lead hikes . She added that a
docent recognition day was scheduled for July 18 and stated that
there would be a special reception from 5 to 7 P.M. on November 7
P.M. to celebrate the 20th anniversary of the vote to form the
District . Additionally, she informed the Board of various other
events planned through November 1993 .
H. Grencb reported that San Mateo County approved the annexation of
Skyline properties and that approval would be on the Santa Clara
County Local Agency Formation Commission ' s April 8 agenda . He
stated that 210 applications had been mailed to date for the public
affairs manager position. He asked the Board to delegate final
approval of the survey being prepared by J. Moore Associates
regarding the potential formation of the assessment district for
acquisition of the Vidovich property to the Finance Committee. The
Board delegated the decision.
C . Britton reported that Santa Clara County Parks and Recreation
Commission would be discussing the Jacque ' s Ridge acquisition on its
April 1 agenda. He stated that the Thornewood sign was to be
installed 10 to 15 feet inside the gate . He said that Alan
Hosking ' s suit against the District was dismissed, adding that the
District won its suit for default against Mr. Hosking.
J. Escobar reported two solo bicycle accidents at Purisima Creek
Redwoods and Monte Bello Open Space Preserves .
TX. CLAIMS
Motion: T. Henshaw moved that the Board approve Revised Claims 92-
06 . G. Babbitt seconded the motion. The motion passed 7 to
0 .
X. CLOSED SESSION
C . Britton announced that the litigation matter to be discussed in
Closed Session fell under Government Code Section 54956 .9, existing
litigation, Midpeninsula Regional Open Space District vs,. Vidovich,
and that the acquisition matter to be discussed was being negotiated
with Ryland Kelly, owner, San Mateo County assessor ' s parcel numbers
Meeting 92-7 Page 8
076-350; -150; and -240 . The Board recessed to Closed Session on
II personnel , litigation and land acquisition matters at 9: 38 P.M.
XT . ADJOURNMENT
The Board reconvened to adjourn the meeting at 11 : 25 P.M.
Deborah M. Zucker
Recording Secretary