HomeMy Public PortalAbout19930324 - Minutes - Board of Directors (BOD) Open Space
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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