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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-22
REGULAR MEETING
BOARD OF DIRECTORS
December 8, 1993
MINUTES
1. ROLL CALL
President Betsy Crowder called the meeting to order at 7:35 P.M.
Members Present: Betsy Crowder, Wim de Wit, Nonette Hanko, Teena Henshaw, Robert
McKibbin, and Pete Siemens.
Member Absent: Ginny Babbitt.
Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith,
Del Woods, Mary Gundert, Stanley Norton and Emma Johnson.
11. ORAL COMMUNICATIONS
There were no oral communications.
Ill. SPECIAL ORDER OF THE DAY
Resolution Supporting the Californians for Parks and Wildlife Bond Act of 1994
Motion: R. McKibbin moved that the Board adopt Resolution 93-46, a Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District Supporting the
Californians for Parks and Wildlife Bond Act of 1994. P. Siemens seconded the
motion. The motion passed 6 to 0.
IV. ADOPTION OF AGENDA
B. Crowder stated that the agenda was adopted by Board consensus.
V. ADOPTION OF CONSENT CALENDAR
P. Siemens requested removal of the written communications agenda item from the consent
calendar.
Motion: R. McKibbin moved that the Board adopt the consent calendar, including approval of
minutes of November 17, 1993 Regular Meeting and December 1, 1993 Special
Meeting; and revised claims 93-20. P. Siemens seconded the motion. The motion
passed 6 to 0.
V1. WRITTEN COMMUNICATIONS
P. Siemens wanted minor changes made to the letter to Gibson Anderson, Chairman of the
Committee for Open Space Access and to the City Council of the City of Sunnyvale. He said
330 Distel Circle - Los Altos, California 94022-1404 a Phone: 415-691-1200 * FAX: 415-091-0485 e
Box(]of Oirei tors:Pete Siemens,Robert M(Ki bb tit, leena 1 ienah,m,(It tit iv Babbitt, Not iet w I lanko, Betsy(r(,wd(,r,win i de Wit
Meeting 93-22 Page 2
letters of a political nature or letters asking political bodies to take a political action should be
signed y pi ned b the Board resident.
C. Britton responded that the letters in question were not part of Written Communications, but
included in the Board packet as an informational item and had already been mailed.
Motion: P. Siemens moved the Board approve the Written Communications. N. Hanko
seconded the motion. The motion passed 6 to 0.
VII. BOARD BUSINESS
A. Acceptance of Hosking Bankruptcy Agreement and Proposed Addition of Theresa Hosking
Property to El Corte de Madera Open Space Preserve (Report R-93-121)
C. Britton stated that, based on terms of previous agreements with Mr. Hosking, the
District is currently owed $1,382,102 in off-sets against the final land transaction in 1995.
He said that under the agreement the parties would agree to the District's claim of off-sets,
the District would allow the existing $500,000 note to be sold or transferred to a third party
at more favorable terms for the District, and the District would purchase a 3.8-acre parcel
bordering on El Corte de Madera Open Space Preserve for $100,000. He continued that
the District would be allowed a corresponding $100,000 off-set toward a 1995 transaction,
which means the property would be acquired at no cost.
D. Woods showed slides of the property and reviewed how it relates to the preserve and
reviewed the use and management recommendations.
Walter Reynolds, 635 N. Starr Hill Road, Woodside, a neighbor of the property, stated his
pleasure with the District acquiring the property, and had no objections to future public
parking on the property.
Motion: N. Hanko moved that the Board adopt Resolution 93-47, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Bankruptcy Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and Authorizing Acting
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (El Corte de Madera Open Space
Preserve - Lands of Hosking). P. Siemens seconded the motion. The motion
passed 6 to 0.
Motion: H. Hanko moved that the Board tentatively adopt the Preliminary Use and
Management Plan recommendations contained in the report, including naming
the property as an addition to El Corte de Madera Open Space Preserve, and
indicate its intention to withhold the properties from dedication as public open
space at this time. P. Siemens seconded the motion. The motion passed 6 to
0.
B. Notice of Contract Completion for the Weeks Road Project at La Honda Creek Open Space
Preserve (Report R-93-129)
M. Gundert stated the contract for construction of a road and drainage improvements and
implementation of a tree protection and landscaping plan had been awarded to Geotechnical
Management, Inc. She said the project, completed on November 22, 1993, was over
r_ _
Meeting 93-22 Page 3
budget and that some of the actual costs of $207,000 are reimbursable.
C. Britton said progress reports on the project should have been given to the Board and that
a new procedure for accounting to the Board has been established and will be followed for
the construction of the field office at Rancho San Antonio Open Space Preserve and future
construction projects.
Motion: T. Henshaw moved that the Board adopt the Notice of Completion of Contract
and Acceptance of Work for the Weeks Road Project and approval of the total
cost of$207,000. P. Siemens seconded the motion. The motion passed 6 to
0.
C. Award of Consultant Contract for Mt. Umunhum Building and Infrastructure Assessment
(Report R-93-128)
R. Anderson said that the Board had approved a $20,000 budget item to study the condition
of the buildings and related utilities at the former Almaden Air Force Station. He said the
study will be a preliminary evaluation and will provide general scope of work and cost for
maintenance repairs, upgrades, and/or demolition costs. He reported that five proposals
were received and that staff recommends that Gould Architects of San Jose be selected to
provide the services.
P. Siemens proposed that the study could be a basis for a public workshop to determine
what the public envisions for the property.
Motion: T. Henshaw moved that the Board authorize staff to enter into negotiations
with Gould Architects of San Jose to prepare the assessment within the budget.
R. McKibbin seconded the motion. The motion passed 6 to 0.
D. Status Report from General Manager Search Committee (Report R-93-130�
T. Henshaw reviewed the General Manager Search Committee's activities to date and said
that the Board should decide on its level of involvement in the next steps in the hiring
procedure. She said the consultant will be paper-screening all the applications and will be
sending supplemental questions to 10 to 12 top candidates who should be initially
interviewed to narrow the field of candidates down to 5 to 7.
After discussion regarding who should be able to review the 10 to 12 top candidates'
applications, the Board agreed that the applications will be available to all Board members
to review.
T. Henshaw said that the full Board could propose interview questions and would be
involved in the final interviews under the direction of the consultant.
Motion: N. Hanko moved that a committee be appointed by the Board that would be
involved in the initial interviews and that the existing procedures committee
consisting of R. McKibbin, T. Henshaw, and P. Siemens be the members of
the committee. B. Crowder seconded the motion. The motion passed 6 to 0.
Motion: P. Siemens moved that the committee develop, with the consultant, written
supplementary questions with input from other Board members. R. McKibbin
seconded the motion. The motion passed 6 to 0.
Meeting 93-22 Page 4
N. Hanko reconfirmed that the semi-finalists' applications will be available to all Board
members on a confidential basis, and B. Crowder reiterated the Board's consensus that after
the initial interviews have been conducted and the final applicants identified, the full Board
will be involved in the final interviews. P. Siemens noted that there may be two rounds of
interviews: an initial round of oral interviews with the finalists and one or two candidates
interviewed a second time.
B. Crowder called a recess at 9:20 P.M. and reconvened the meeting at 9:32 P.M.
E. Committee Consolidation (Report R-93-116)
C. Britton reported Director Babbitt's positions on the committee consolidation proposal.
B. Crowder said the Board had previously voted to discuss appointment of alternates to
Board committees, non-committee member attendance at committee meetings, and taping of
committee meetings as well as the proposal to establish four standing committees to replace
the existing committees, and whether the Board President should serve on any committees.
The Board agreed that the president should be designated to serve as a voting alternate on
committees, that non-committee members not attend committee meetings unless it is as an
anonymous member of a large audience of the public, that committee meetings not be taped
but short informational reports could be given to the full Board at Board meetings, and that
the chair of each committee be designated as note-taker to record decisions of the
committee unless there is another committee member who volunteers.
N. Hanko noted that because some committees do not complete their charges in the current
year, the change-over to four standing committees should be amortized with current
committee members so there is continuity. There was general consensus on the proposal,
and the Board concurred that the next president of the Board could develop a process to
meld the current committee members into the new standing committees.
Motion: R. McKibbin moved that the Board establish four standing committees with
specified responsibilities. T. Henshaw seconded the motion.
Discussion: P. Siemens asked confirmation that the motion included the
management team's suggested modifications and renaming the Budget and
Administration Committee to the Administration and Budget Committee. B.
Crowder confirmed that they were included as well as the Board president not
serving as a member of any committee but serving as alternate on committees,
non-committee member attendance at committee meetings only as a member of
the public, and not taping of committee meetings, and the president of the
Board working to phase in the new committee members.
The motion passed 6 to 0.
VIll. INFORMATIONAL REPORTS
C. Britton announced that no public comment had been received and the following transactions
have closed escrow: Norton - Russian Ridge Open Space Preserve acquisition closed on
December 6, and the Moeller and Ebett purchases at Sierra Azul Open Space Preserve closed on
December 3. He said the District wired a $3 million advance payment to Peninsula Open Space
Trust on the Phleger property and had received a signed note and signed deed of trust. He
continued that the National Park Service has approved the appraisal and he believes it will close
Meeting 93-22 Page 5
before December 25, 1993. He said he will report back to the Board on the reconveying of the
deed of trust, but would not be recording the deed of trust as the reconveyance could not be
processed in time for the closing, though it would still be a valid deed of trust. He further asked
the Board's permission to handle the matter as stated. B. Crowder noted the Board's agreement.
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B. Crowder reported she would attend the Planning and Conservation Lea ue's environmental
P g g
legislative symposium in Sacramento. P. Siemens and R. Anderson said they may attend also.
P. Siemens related the status of the meetings with members of city councils of Saratoga, Los
Gatos and Monte Sereno, adding that the Board may need to review how educational meetings
are conducted. C. Britton noted that summer VIP tours will be part of Public Affairs Program's
next action plan.
B. Crowder expressed appreciation to G. Babbitt and W. De Wit for their work on the staff
appreciation party. J. Fiddes expressed the appreciation of staff for the event.
W. de Wit reported on the luncheon to honor Liz Dana.
J. Escobar reported one hiking accident, two bicycle accidents, and an accident involving an
equestrian volunteer patrol member. He said the draft pilot program on ranger bike patrol will
be forwarded to Local 715 this week for review, and added that he expects the program to begin
in mid-February. He reported attending a seminar at East Bay Regional Park District on multiple
use trails and how to work with agencies.
R. Anderson reported that the Dog Committee will meet on Tuesday, December 14 at 7 P.M. at
the Rengstorff Community Center.
C. Britton reported that a new state law allows special districts to have representation on Local
Agency Formation Commissions. He suggested following-up to participate to the degree that
would be beneficial. He said he will report back to the Board on the matter.
He said the staff has contacted Geoff Ball to facilitate the Goals and Objectives Workshop on
Saturday, January 22 from 8:30 A.M. to Noon.
IX. CLOSED SESSION
C. Britton announced that the litigation matter to be discussed in Closed Session, significant
exposure to litigation, fell under Government Code Section 54956.9 (b)(1), and negotiation
matters to be discussed were Santa Clara County parcel no. 351-08-036 owned by John Vidovich
and negotiated by Rex Lindsay. The Board recessed to Closed Session at 10:22 P.M.
X. ADJOURNMENT
The meeting was adjourned at 10:37 P.M.
Emma Johnson
Recording Secretary