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HomeMy Public PortalAbout19930825 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 REGULAR MEETING BOARD OF DIRECTORS August 25, 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7:36 P.M. Members Present: Pete Siemens, Teena Henshaw, Robert McKibbin, Nonette Hanko, Wim de Wit, Ginny Babbitt, and Betsy Crowder. Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson,,Malcolm Smith, John Escobar, Michael Foster, Del Woods, Mary Gundert, and Emma Johnson. II. ORAL COMMUNICATIONS There were no oral communications. III. ADOPTION OF AGENDA B. Crowder stated that the agenda was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR � Written communications and revised claims were removed from the consent calendar. Motion: R. McKibbin moved that the Board adopt the consent calendar as revised, inc luding the minutes for the August 11, 1993 regular meeting. P. Siemens seconded the motion. The motion passed 7 to 0. V. WRITTEN COMMUNICATIONS G. Babbitt noted that the information in the letter dated July 24, 1993 from Ellen Lowenstein, 224 Huckleberry Trail, Woodside, demonstrates that people do not have clear information about do use on District preserves. s es. h g She pr oposed osed the response P P letter be P changed to specify dogs on leash are allowed on certain preserves. B. Crowder added that the letter should point out that most District preserves in San Mateo County are open to dog use and that reference to acreage should be changed to "portions" of the preserves that are available to dogs. B. Crowder suggested that the response to Susanne Mallory be amended to add that to requiring licenses for bicyclists would require coordination with other county, state, and federal agencies who administer lands in our area and that uniform policies between these agencies do not exist at this time. Motion: G. Babbitt moved that the Board approve the responses to the written communications as amended. R. McKibbin seconded the motion: The motion passed 7 to 0. Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1 200 • FAX: 415-691-0485 General Manager:Herbert Grench Board cif Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginn y Babbitt,Non ette Han ko,Betsy Crowder,Wim de Wit iviee�ing y -1 t� Page 2 VI. BOARD BUSINE,' A. Proposed Addition of the Pantano Property to La 1-,.,,ida Creek Open Space Preserve (Report R-93-92) D. Woods showed slides of the property and its location to State and County Scenic Highway 84. He said the property is important because of the proximity to a segment of the Bay Area Ridge Trail corridor and the visual impact on La Honda Creek and Windy Hill Open Space Preserves. He noted the location of the fence line referred to in the August 23 letter from neighboring property owner Chris C. Pearson, Star Route Box 158, Woodside, that was distributed to the Board at the meeting. D. Woods said that the planning process for any District site is very involved and that to develop any type of trail, staging area, or facility would entail a complex public process, including public workshops and two public reviews. C. Britton reviewed the background of the District's interest in the .6-acre property, noting the purchase price is $30,000. G. Babbitt asked about the questionable property line referred to by Mr. Pearson. C. Britton responded that the size of the property was not relevant as far as its speculative potential for development. He said that he recommended that the District purchase the property regardless of the location of the fence line and said the District would not encroach upon the neighboring property. Chris Pearson, Star Route Box 158, Woodside, said he was apprehensive about what the purchase means and requested a written response to the questions in his letter. He added that he does not wish is to have a dispute property about ro eY rt lines. Motion: G. Babbitt moved that the Board adopt Resolution 93-28, 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 Acting Genera l Manager to Exec ute Any an d All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Pantano), tentatively adopt the Preliminary Use and Management Plan recommendations, including naming the property as an addition to La Honda Creek 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. B. Award of Contract for a Replacement Water. System at Skyline Ride Open Space Preserve (Report R-93-91) M. Gundert reported that staff received one bid and decided not to rebid the project since it is critical to the ranger residents and other residents at the Skyline Preserve who must rely on the water system. She said that the bid of $103,430 from Geotechnical Management, Inc. is in line with the engineer's estimate of $91,650 with the exception of the electrical component of the project which is $11,500 over the engineer's estimate. She added that staff proposes to sign a contract without the electrical component and negotiate that price after detailed plans are available. Motion: N. Hanko moved that the Board accept the bid of$103,430 from Geotechnical Management, Inc. to complete the replacement water X ar,%, ✓ system at Skyline Ridge Open Sr Preserve and authorize the Acting General Manager to enter into a c-.,tract for performance of the work. R. McKibbin seconded the motion. The motion passed 7 to 0. C. Fiscal Year 1993-1994 Budget Adjustments (R-93-95 and R-93-96) C. Britton reported that the Board had adopted a budget of $17,665,350 for fiscal year 1993-1994 at its March 24, 1993 meeting, which represented an 18% reduction in operating expenses compared to the 1992-1993 budget because of uncertainty created by the state's financial crisis and the unknown factor of potential reductions in the District's property tax revenue. He said the addition of $253,900 being proposed represents a 5.4% increase in the current operating budget. M. Foster noted that District revenues needed adjustment due to the failure to sell the Teague Hill property and lower interest rates. Other adjustments were reflected in net note proceeds, debt service, previous land commitment, and new land purchases, which he recommended be set at $6,000,000. R. McKibbin said the Budget Committee reviewed the adjustments and noted that the District has reduced its budget in the last two years by 18% both years, and with the slight increase of approximately 5%, the District is still 13 to 14% below previous budgets for operating expenses. He noted that a large portion of the budget increase is a result of the costs associated with projects recommended by the grand jury. C. Britton said the proposed retroactive 2.5 point cost-of-living salary range adjustment for the District's supervisory, office and management staff was reviewed by the Budget Committee. He said that survey data from the 15 comparable agencies used in the Ralph Andersen study and the Marin Water District, as well as CPI data were reviewed to arrive at the recommended 2.5 point increase. G. Babbitt said she favored a 3% cost-of-living increase. Motion: N. Hanko moved approval of budget adjustments including a 2.5% 0 across-the-board cost-of-living salary range adjustment for the District's supervisory, office and management staff. R. McKibbin seconded the motion. Motion to Amend: G. Babbitt moved to amend the salary range :n adjustment to 3%. The motion to amend failed for lack of a second. The original motion passed 6 to 1, with G. Babbitt voting no because she favored a higher salary range increase. Motion: T. Henshaw moved that the Board adopt Resolution 93-29, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending Budget for Fiscal Year 1993-1994. R. IvIcKibbin seconded the motion. The motion passed 7 to 0. Meeting 93-16 Page 4 D. Proposed 1\ pion of the Site Naming and Gift R nition Policies and Proposed Process for Determining a Method to Recognize District Founders (R-93-90) N. Hanko reported that the current policy does not address the question of requests for plaques and benches on District preserves. She highlighted the proposed significant changes to the current policy and the proposed addition of a Special Recognition category. She said the Committee would like to continue with its work focusing on the special recognition portion of the policy. P. Siemens suggested that Section II - Gift Recognition be amended to state that plaques on sites will not be considered in that section of the policy, leaving the door open for plaques to be discussed in Section III - Special Recognition. Motion: T. Henshaw moved that the Board rescind the Site Naming and Gift Recognition Policies adopted by the Board on February 8, 1978. P. Siemens seconded the motion. The motion passed 7 to 0. Motion: R. McKibbin moved that the Board adopt the proposed Site Naming and Gift Recognition Policies as amended and direct the Gift Policy Committee to proceed with the proposed process for determining a suitable method f o recognizing D'g g District founders. G. Babbitt seconded the motion. The motion passed 7 to 0. C. Britton noted that the Committee had previously been directed to consider ho w to P Y separate the identities of the District and Peninsula Open Space Trust. N. Hanko added that the Committee had not adequately addressed the issue of benches specifically and should consider the question of whether there will be naming of and plaques ues on benches. E. Report from General Manager Committee (R-93-93) T. Henshaw said the major item the committee considered was the issue of hiring a search firm to recr uit and c Q screen candidates for the position of general manager. She said the committee's report outlines specifically what a search firm would do. She added that committee will meet with the search firm to develop a detailed timeline and process after which the committee would seek further direction from the Board. J. Fiddes reported that a request for proposals would be mailed to search firms on August 26 with a due date of September 9 for return of proposals. Mo tion: N. Hanko moved that the Board direct staff to hire a search firm to assist the Board in the hiring of a new general manager for the District. P. Siemens seconded the motion. The motion passed 7 to 0. F. Board Policies Pertaining to General Manager Employment, Board Records and Oversight: Organizational Improvement Program -93-94) Motion: N. Hanko moved that the section on policies pertaining to General Manager employment benefits be referred to the General Manager Y g Committee. G. Babbitt bb tt seconded the motion. The motion passed 7 to 0. Page Motion N. Hanko moved that policies uning to the oversight res onsibilitie P s of the Board be referred to the B - oard Management Team Workshop for discussion. G. Babbitt seconded the motion. The motion passed 7 to 0. Motion: N. Hanko moved that the recommendations on the Organizational Improvement Program be considered at the Board-Management Team Workshop on August 26. G. Babbitt seconded the motion. The motiorY. passed 7 to 0. The Board discussed policies pertaining to Board records. The Board concurred that the summary of action taken at closed sessions is currently signed by the President of the Board and the Acting General Manager and is retained by legal counsel. N. Hanko said that the addition of recording action taken relating to personnel would be in keeping with the Board's intention of keeping records of action taken for future reference. The Board concurred that wording of the policy should be: a "summary of li action taken at closed sessions, signed by the President of the Board and General Manager and retained by the Legal Counsel." In discussion of notification to Board members of legal action taken by management, S. Norton said tha t the Dis trict rct reports in summary ary form annually to its auditors any threatened and existingleg al act ion g pending. The Board quarterly written status report of outstanding legal actions sho ud agreed that a be re ported rte dt to the Board members. P T. Henshaw and R. McKibbin recommended postponing final adoption of policies pertaining to Board records to a future Board meeting. N. Hanko stated she and legal counsel would meet to discuss and reword the section pertaining to Board records before the item is on the September 22 agenda. P. Siernens noted that the policies should be written and added to official Board policies. Motion: N. Hanko moved that discussion of the policies pertaining to Board records be continued to the Board meeting of September 22. P. Siemens seconded the motion. The motion passed 7 to 0. G. Committee Consolidation (R 93 89) P. Siemens noted that the Board currently has two standing and nine ad-hoc committees and that some require more work and time than others. He recommended i establishing four standing committees to replace the existing committees. R. McKibbin, T. Henshaw, and N. Hanko suggested getting staff's comments on the proposal. R. McKibbin recommended that the president of the Board not serve on any committee during his/her term as president. Motion: N. Hanko moved that the recommendations be referred to the management team for consideration and returned to the Board on November 10. R. McKibbin seconded the motion. The motion passed 7 to 0. i Meeting 93-16 Page 6 VII. CLAIMS G. Babbitt asked about claim number 4641 to Murray & Murray. C. Britton responded that it is the legal firm handling the Hosking bankruptcy matter. R. McKibbin requested more information on claim number 4659 to San Jose Mercury. J. Fiddes replied that the claim was for publication of Ordinance 93-1. Motion: T. Henshaw moved that the Board approved Revised Claims 93-14. G. Babbitt seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS G. Babbitt reported that she and some staff attended Ken Fisher's historical training session for docents at Purisima Creek Redwoods 0o Open Space Preserve. s e. She noted that h I Pe P she has requested information on topics and schedules for the Rails to Trails conference. She added that she spoke to the Cupertino Kiwanis club whose members were interested and supportive of open space. B. Crowder reported that she hiked the new Bella Vista trail at Monte Bello. She read the letter that she will be sending to the Calvins who donated the money for the trail. She read the thank you letter she would be sending to San Mateo County Supervisor Barrales and other supervisors for their support in amending the Edgewood Park Joint Powers Agreement. She reported receiving invitations from the Friends of St. Patricks and the South Skyline Association and read a draft of a letter to Cathy and Dixon Collins who hosted a tour for the District at the Skylonda Fitness Retreat. She suggested the Board address the matter of commercial use of public lands. C. Britton noted that staff is working on a special use policy and it should be ready for the Board's review in a few months. W. de Wit said he had given a talk to a Kiwanis group and that nearly all were knowledgeable about the District. R. Anderson reported that the District received a grant of $47,000 for the Foukes Trail that will link Long Ridge and Skyline Ridge Open Space Preserves. He said that Santa Clara County is starting work on access and parking at Rancho San Antonio County Park. He announced the Resource Management Workshop will be held September 2 at the District office. C. Britton reported the 1993 Certificates of Participation note issue has closed and distributed copies of the official statement to the Board. He said that unless the Board objected, staff would respond to Mr. Pearson's letter and give copies of the response to the Board at its next meeting. There was no objection from the Board. I C. Britton said that he received an invitation to the Garrod Centennial and asked if any Board member could attend; P. Siemens said he may attend. C. Britton reported that he attended the hearings of the budget clean-up bill in Sacramento and met with R. Heim. He said he will return to Sacramento on September 15 to work on future legislation plans with R. Heim and H. Grench and that he will report to the Legislative Committee on his return. He said that while he was in Sacramento he delivered framed photographs of District preserves being loaned to legislators who had been supportive of the District during the budget crisis. i C. Britton brief, _ne Board on a future agenda item ' .,iving a license agreement with Smart SMR of _lifornia, Inc. for its proposed communication facility on the California Water Service inholding at Rancho San Antonio Open Space Preserve. J. Escobar reported three bicycle accidents on District preserves. He added that construction of the new field office at Rancho San Antonio Open Space Preserve will begin next week. IX. CLOSED SESSION C. Britton announced that land negotiation matters to be discussed were (1) Santa Clara County assessor's parcel number 562-22-030, owner Roger Bartels negotiated with G. Beck; (2) Santa Clara County assessor's parcel numbers 575-09-05, 03, 04, Estate of John North negotiated by L. Strickler. The Board recessed to Closed Session on personnel and land negotiation matters at 10:25 P.M. X. ADJOURNMENT The meeting was adjourned at 12:05 A.M., Thursday, August 26, 1993. Emma Johnson Recording Secretary CORRECTION(S) TO MINUTES OF AUGUST 25, 1993 V. APPROVAL OF MINUTES August 25, 1993 N. Hanko stated that the first sentence of itern VI. D. on page 4 should be revised to state Hanko reported that the recommended licit, policy does not address the question of requests . . . Motion: N. Hanko moved that the Board adopt the minutes of August 25, 1993 as revised. R. McKibbin seconded the motion. The motion passed 5 to 0. Directors Henshaw and Siemens were not present for the vote.