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HomeMy Public PortalAbout19930324 - Minutes - Board of Directors (BOD) Open Space --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-07 REGULAR MEETING BOARD OF DIRECTORS March 24, 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7 : 34 P.M. Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nanette Hanko, Teena Henshaw, Robert McKibbin, and Pete Siemens. Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, Malcolm Smith, Del Woods, Michael Foster, Stanley Norton, and Deborah Zucker. II. ORAL COMMUNICATIONS There were no oral communications. III. ADOPTION OF AGENDA C. Britton noted for the record that -the Board did not meet in Closed Session on litigation matters at 7:00 P.M. B. Crowder stated that the agenda was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR The following requests were made to remove items from the' consent calendar: N. Hanko - Approval of Nondiscrimination Regulations; P. Siemens - Appointment of Auditor for 1992-1993 Fiscal Year; and B. Crowder - written communications. Motion: R. McKibbin moved that the Board adopt the consent calendar, as revised, including approval of minutes of March 10, 1993, adoption of Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1993-1994 Fiscal Year; acceptance of the insurance coverage package for the period of April 1, 1993 through March 31, 1994, from Flinn, Gray & Herterich, for premiums totalling $139, 578; adoption of Annual Claims List for 1993-1994; and approval of Revised Claims 93-05. G. Babbitt seconded the motion. The motion passed 7 to 0. V. WRITTEN COMMUNICATIONS In response to the letter from Robert Zatkin, P.O. Box 620502, Woodside, concerning benches on open space preserves, B. Crowder revised the end of the first paragraph to read "Your comments will be passed on to the committee which will next meet on April 19. " Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Meeting 93-07 Page 2 In response to the letter from Marcia E. Keimer, 475 Cervantes Road, Portola Valley, regarding bicyclists on trails, B. Crowder deleted the phrase "As Board President Robert McKibbin stated in December, " from the second sentence in the first paragraph. She revised the first sentence of the second paragraph to read "In January 1993 the Board adopted Trail Use Guidelines and Mitigation Measures that contain criteria for the characteristics of trails that are acceptable to allow hiking, equestrian, and bicycle uses. " To the end of the third paragraph, B. Crowder added "Please call me at 851- 0410 after reviewing these documents if you would like to discuss this further. " Motion: R. McKibbin moved that the Board approve the responses to the written communications as revised. G. Babbitt seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Approval of Nondiscrimination Regulations (Report R-93-46) N. Hanko asked whether the procedure would apply if a complaint were against the general manager or a director. J. Fiddes stated that the procedure was applicable to all District employees, including the general manager. She also stated that the procedure did not apply to the Board, but that if a complaint against a Board member were made, she would recommend that the complaint be brought to the full Board' s attention. D. Dolan stated that the procedure was intended to be non- hierarchical so that a complaint could be reported to any supervisor or manager. J. Fiddes recommended that the Board obtain the advise of legal counsel regarding the inclusion of Board members in the procedure as presented. G. Babbitt recommended that the procedure be approved and later amended if, upon the advise of legal counsel, the procedure should specifically include handling complaints against the general manager or Board members. Motion: G. Babbitt moved that the Board approve the proposed nondiscrimination regulations and complaint procedure with the understanding that staff would consult with legal counsel about including the Board in the policy. T. Henshaw seconded the motion. The motion passed 7 to 0. B. Adoption of Budget for Fiscal Year 1993-1994 (Report R-93-45) C. Britton stated that the changes recommended by the Board at the March 10 meeting were included in the report, including the information that the budget reflected an 18 percent reduction in operating expenses and had been revised to incorporate adjustments resulting from the Board's agreement with retiring general manager Herbert Grench. J. Fiddes stated that the Meeting 93-07 Page 3 salary and benefits for the general manager position included in the budget represented one month for H. Grench and five months for a new general manager. C. Britton said that the budget presented did not include cost of living adjustments for staff and reported that Local 715 had ratified the agreement to defer negotiations until the state budget was approved. Motion: R. McKibbin moved that the Board adopt Resolution 93- 10, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1993-1994. G. Babbitt seconded the motion. The motion passed 7 to 0 . C. Appointment of Auditor for 1992-1993 Fiscal Year (Report R-93- 44) P. Siemens stated that the District should consider a different auditor next year because the same auditor had been appointed for fourteen consecutive years. M. Foster stated that even though the District had appointed Deloitte and Touche each of those years, a different auditor from the firm was assigned to perform the audit each year. Motion: P. Siemens moved that the Board appoint Deloitte and Touche as the District's auditor for the fiscal year 1992-1993 . R. McKibbin seconded the motion. The motion passed 7 to 0. D. Proposed Addition of the Glaubiger Property to Rancho San Antonio Open Space Preserve in Exchange for Interest in District Land (Report R-93-27) C. Britton explained the methods by which the District was allowed to dispose of a dedicated parcel, including exchange for contiguous land to a maximum of ten acres per year. He stated that Peninsula open Space Trust (POST) was selling the 1.2-acre property on the west side of Ravensbury Avenue to Mr. and Mrs. Glaubiger for the purpose of exchanging it to the District in this transaction. He said that in the exchange the District would relinquish fee title to the 1.3-acre former Cunningham property while retaining a conservation easement and would acquire the 1. 2-acre parcel that was needed to improve drainage for Rancho San Antonio Open Space Preserve. C. Britton stated that the parcel was contiguous with a parcel owned by POST that the District might want to acquire in the future. He briefed the Board on the numerous conservation easement limitations in the agreement restricting development of the property being exchanged to the Glaubigers. C. Britton noted that the resolution to be adopted included a finding that the exchange was in accordance with the Basic Policy of the District and was not detrimental to the open space Meeting 93-07 Page 4 character of Rancho San Antonio Open Space Preserve. Motion: N. Hanko moved that the Board adopt Resolution 93-11, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Rancho San Antonio Open Space Preserve - Lands of Glaubiger) , and stated that the Board finds that the granting and releasing of the interests in District property was in accordance with the Basic Policy of the District and was not detrimental to the open space character of Rancho San Antonio Open Space Preserve. R. McKibbin seconded the motion. The motion passed 7 to 0. N. Hanko moved that the Board tentatively adopt the Preliminary Use- and Management Plan recommendations, including naming the property as an addition to the Rancho San Antonio Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. R. McKibbin seconded the motion. The motion passed 7 to 0. E. Process for Filling General Manager Position (Re Dort R-93-42) S. Norton stated that the Brown Act, Section 54957 of the Government Code, provided that the Board may meet in closed session during a regular or special meeting "to consider the appointment, employment, evaluation of performance, or dismissal of a public employee. " He said that the code further defines employee to include general manager, adding that any and all of the Board' s discussion for filling the general manager position could be done in open or closed session at the Board' s discretion. He stated that Board consideration to hire a consultant or independent contractor should be done in a public meeting. Board members discussed their ideas concerning the process for filling the general manager position. P. Siemens reviewed his proposed process, noting that he thought the Board should immediately begin step one, including having a public Board workshop to identify the characteristics desired in a general manager with consultant assistance. He suggested that a consultant be hired immediately to begin the process. T. Henshaw, citing the District's uncertain funding situation, said she thought that the Board should be cautious in beginning Meeting 93-07 Page 5 the selection process, and suggested that the Board consider other options prior to hiring a new general manager. Her options included hiring a consultant with expertise in long-term funding and legislative matters to fill an interim position with specific and limited responsibilities, hiring an outside person as an interim general manager, or appointing an interim general manager from District staff or Board. R. McKibbin stated that T. Henshaw's suggestion could be expanded to include present and/or past Board members or someone on the outside. He recommended that no decision on the process be made at this meeting and that the matter be discussed at a later meeting. G. Babbitt and N. Hanko expressed their support for a public workshop prior to May 1. S. Norton counseled that any and all proceedings could be handled in open or closed session, that any Board member interested in the position of general manager should refrain from participating in all proceedings related to the selection process, including decisions about the selection process itself, and that the Public Resources Code stated that the Board shall appoint a general manager, with the intent that the general manager would be an individual and not a group of individuals such as the management team. Motion: R. McKibbin moved that the Board stop the present discussion and consider the process for hiring a general manager at a meeting in April. T. Henshaw seconded the motion. Discussion: N. Hanko opposed an April 28 meeting date because she would be absent. The motion failed on the following vote. Ayes: G. Babbitt, T. Henshaw, and R. McKibbin. Noes: B. Crowder, W. de Wit, N. Hanko, and P. Siemens. The Board discussed other upcoming dates for meetings with full attendance by the Board. Motion: P. Siemens moved that the Board have a workshop to discuss the process for selecting a general manager immediately following the April 14 regular Board meeting and that a facilitator be hired for the workshop. N. Hanko seconded the motion. Meeting 93-07 Page 6 Discussion: Board members agreed that the purpose of the workshop should be to discuss various options and consider processes for selecting a general manager. B. Crowder stated that the Board needed to set parameters on what actions to take. N. Hanko stated that it was important for the Board to decide what the process should be and that the decision whether to take action might depend on the state budget outcome. The motion passed 5 to 2 on the following vote. Ayes: G. Babbitt, B. Crowder, N. Hanko, P. Siemens, and W. de Wit. Noes: T. Henshaw and R. McKibbin. Motion: P. Siemens moved that the Board direct staff to arrange for a facilitator. T. Henshaw seconded the motion. The motion passed 7 to 0. VII. INFORMATIONAL REPORTS W. de Wit,,,,reported on his talk to the Redwood City Kiwanis Club. T. Henshaw stated that the Legislative Committee was scheduled to meet with Peninsula Open Space Trust's legislative committee on March 25 at 4 : 30 p.m. She said that the meeting would be to discuss the potential for legislation that would affect the District's funding and invited members of the Finance Committee to attend. B. Crowder reported on her participation on a panel at the California Park and Recreation Society (CPRS) Conference in San Francisco. N. Hanko stated that the Palo Alto Centennial Committee was developing priorities, including the establishment of a regional trail, with a connection from the Arastra Preserve to District preserves. She said that a District representative should attend the next meeting on April 29 since she could not attend. In response to a question from Harry Hauessler, Los Altos, concerning the proposed exchange of land between the District and the City of Palo Alto, C. Britton stated that both the District and the City of Palo Alto would agree that the lands be dedicated as public recreation and open space lands. He said that the Land and Water Conservation Fund Grant for the District land being exchanged and the policies of the District and the City of Palo Alto would apply to land use. C. Britton stated that he had received 57 requests for bid packages for the Teague Hill parcels. He also said that he would attend the Meeting 93-07 Page 7 CPRS Legislative Conference on May 17 and 18 and asked if a couple of Board members would be interested in attending. W. de Wit and T. Henshaw said they would attend. C. Britton reported that Michael Jurich and Paul McKowan were selected to fill the two lead open space technician positions. He also said that Peninsula Open Space Trust, Committee for Green Foothills, and Sempervirens Fund were planning a retirement reception for H. Grench at the Stanford Faculty Club on April 19, from 6 : 00 to 7: 30 p.m. M. Smith gave an update on the potential funding measures being sought by districts and municipalities. He also said that there would be a media interview training for Board members. R. Anderson stated that Jana Sokale had been hired as a consultant to plan the interior of the nature center at Skyline Ridge Open Space Preserve. He confirmed that T. Henshaw would be the Board representative for a focus committee that would be involved in the pl:ans. VIII. CLOSED SESSION S. Norton announced that existing litigation matters to be discussed in closed session, District vs. Meyer, and District vs. Haxthausen, fell under Government Code 54956. 9 (a) . The Board recessed to Closed Session on litigation matters at 9 : 15 P.M. IX* ADJOURNMENT The meeting was adjourned at 9 : 55 P.M. Deborah Zucker Recording Secretary