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HomeMy Public PortalAbout19950111 - Minutes - Board of Directors (BOD) S Open Space *-t r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-01 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS January 11, 1995 MINUTES I. ROLL CALL President Ginny Babbitt called the Special Meeting to order at 6:36 P.M. Members Present: Peter Siemens, Mary Davey, Ginny Babbitt, Nonette Hanko, Betsy Crowder, and Wim de Wit. Member Absent: Teena Henshaw. Personnel Present: Jean Fiddes and Sue Schectman. II. CLOSED SESSION At 6:36 P.M., G. Babbitt stated that the Board would be meeting in Closed Session for the purpose of discussing agenda items one through three. The Board recessed to Closed Session at 6:36 P.M. The Board adjourned the Special Meeting at 7:32 P.M. and G.Babbitt called the Regular Meeting to order at 7:35 P.M. She announced that the Board had been meeting in Closed Session and discussed agenda items one and two. She stated that the Board would reconvene in Closed Session at the conclusion of the Regular Meeting to discuss agenda item number three. Additional Personnel Present: Craig Britton, John Escobar, Randy Anderson, and Emma Johnson. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, referring to the minutes of December 14, 1994, stated that using letters for agenda items is confusing because the items are listed on the agenda by numbers. He requested that the minutes and agendas have the same identification. He requested that agenda item 7, Authorization for Director Davey to Attend 1995 Special District Board Management Institute at Projected Cost of$1,100, and agenda item 11, Proposed Property Management Agreement with Peninsula Open Space Trust for Former North Property Adjacent to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, be removed from the consent calendar. IV. ADOPTION OF AGENDA C. Britton proposed that agenda item 11, Proposed Property Management Agreement with Peninsula Open Space Trust for Former North Property Adjacent to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, be considered after agenda item 3, Approval of$3,000,000 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 * FAX:415-691-0485 m E-mail: mrosd1nnetcom.com Board of Oire(tors:Fete Sienwns,Mary C. Davey Teena Henshaw,tinny Babbitt, Nanette Hanko,Betsy Crowder,Wim de Wit General Alanager:L.Craig Britton r Meeting 95-01 Page 2 M District Contribution to the National Park Service Acquisition of the 1,227-acre Phleger Property Facilitated by Peninsula Open Space Trust, since the report concerned Peninsula Open Space ' Trust, and Audrey Rust, POST's Executive Director, was in the audience. Motion: N. Hanko moved that the revised agenda be adopted. P. Siemens seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR B. Crowder requested that agenda item 5, Final Adoption of Amendment to El Corte de Madera Creek Open Space Preserve Use and Management Plan to Include Demonstration Trail Realignment Project, be removed from the consent calendar. N. Hanko and P. Siemens requested that the minutes of December 14, 1994 be removed from the consent calendar. Motion: P. Siemens moved that the Board adopt the consent calendar including approval of minutes of December 7, 1994; draft responses to written communications from Michael Weston, 1323 Bess Court, San Jose and Robert Zatkin, PO Box 620502, Woodside; Agenda item 2, adoption of Resolution 95-01 Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Securities Allowed by Government Code; Agenda item 6, Approval of Notice of Contract Completion and Acceptance of Work for the Fence Construction Project at St. Joseph's Hill Open Space Preserve; Agenda item 8, Approval of One-Year Consulting Services Agreement with Heim, Noack & Spahnn for Consulting Fee of$1,100 per Month; and Revised Claims 95- 01. N. Hanko seconded the motion. The motion passed 6 to 0. VI. APPROVAL OF MINUTES December 14, 1994 N. Hanko requested clarification from W. de Wit regarding his statement about disenfranchising young people in the Written Communication section of the minutes. W. de Wit noted that he had said that children do have the opportunity to use open space. The second sentence of the Written PP Y Pe P Communication section was corrected to read, "W. de Wit said children do have the opportunity PPo tY to use open space." P. Siemens noted that the reference on page 8 to his proposal on Board committees should be changed to reflect that his proposal was not to exclude the president from serving on an ad hoc committee. Motion: N. Hanko moved that the Board adopt the minutes of December 14, 1994 as corrected. B. Crowder seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Election of Board Officers for 1995 (Report R-95-02� J. Fiddes distributed ballots to be used in election of Board officers. By signed ballot, the Board elected P. Siemens to serve as President, N. Hanko to serve as Vice President, W. de Wit as Treasurer, and M. Davey as Secretary. J. Fiddes counted the ballots that are retained for public inspection. The Board thanked G. Babbitt for all her work during the past year. P. Siemens said he would like to see better two-way communication, especially with field staff and continued good work with adjacent jurisdictions. He encouraged Board members to go on ride- alongs. Meeting 95-01 Page 3 B. Agenda Item No. 3 - District Contribution to the National Park Service Acquisition of the Former Phle eg r Pro M as Facilitated by Peninsula Onen Space Trust (Report R-95-15) C. Britton reported that Peninsula Open Space Trust acquired the 1227-acre property at a bargain price of$25 million and turned it over to the National Park Service as an addition to the Golden Gate National Recreation Area. He said the property was the number one priority for preservation and that the District is contributing a total of$6 million, or 25% of the value of the property, toward the national park acquisition of the property. I Motion: M. Davey moved that the Board adopt Resolution 95-02, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving a Contribution of Three Million and No/100 Dollars ($3,000,000) to the Purchase of the Former Phleger Property by the Federal Government as an Addition to the Golden Gate National Recreation Area and Commending Peninsula Open Space Trust and its Partners and Supporters for Their Incredible Success. B. Crowder seconded the motion. The motion passed 6 to 0. Board members thanked Peninsula Open Space Trust and Audrey Rust, its Executive Director, for the creativity and tenacity to complete the lengthy transaction, and Audrey Rust thanked the Board, C. Britton, and the District for supporting and helping to acquire this important property. Discussion ensued regarding management of the property. A. Rust noted that the National Park Service will sign the property as a part of the Golden Gate National Recreation Area and at a later time will install signs acknowledging the contributions of the District Save- the-Redwoods g g the-Redwoods League, and individual donors. C. Britton reported that District staff will be meeting with staff of the GGNRA regarding management of the property now that the District's management agreement with Peninsula Open Space Trust is concluded. C. Agenda Item No. 11 - Proposed Property Management Agreement with Peninsula Open Space Trust for Former North Property Adjacent to the Mt. Umunhum Area of Sierra Azul en Space Preserve (Revort R-95-141 H. Haeussler asked why the District was not being paid for managing the Peninsula Open Space Trust property. C. Britton responded that POST had exercised the District's option to acquire the property with the understanding that the District would manage the property in conjunction with management of the surrounding Sierra Azul Open Space Preserve and, when funds are available, the District will acquire the property. G. Babbitt and B. Crowder noted that the District fully intends to acquire the property and that management of the land is not a large burden. C. Britton said the land will be managed as if it were District property. Motion: G. Babbitt moved that the Board authorize the general manager to sign the property management agreement with Peninsula Open Space Trust for the former North property. B. Crowder seconded the motion. The motion passed 6to0. D. Agenda Item No. 4 - Scheduling of Special Meeting with San Mateo County Parks and Recreation Commission (Report R-95-05) i i Meeting 95-01 Page 4 C. Britton reviewed with the Board potential dates and agenda items for the proposed meeting with San Mateo County Parks and Recreation Commission. He said the District would offer to host the meeting, since the Commission hosted the previous one. After discussion, the Board selected Thursday, May 4 as the date for the meeting and proposed that the San Francisco Watershed Trails, Bay Area Ridge Trails, and proposed abandonment of roads in the La Honda area be added to the agenda. Motion: M. Davey moved that the Board schedule a special meeting with San Mateo County Parks and Recreation Commission at 4:30 to 7:00 P.M., Thursday, May 4, 1995 for the purpose of holding a special joint meeting to discuss topics of mutual interest. G. Babbitt seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 - Final Adoption of an Amendment to the Use and Management Plan for El Corte de Madera Creek QWn Space Preserve (Report R-95-12) B. Crowder said she asked that the report be removed from the consent calendar to correct the date in the last paragraph of the report. She said the correct date when the task force met was December 3, 1994 rather than December 5. Motion: N. Hanko moved that the Board adopt the amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to include the demonstration trail realignment project and incorporation of the realignment into the existing trail plan as a multi-use trail. B. Crowder seconded the motion. The motion passed 6 to 0. I F. Agenda Item No. 7 - Authorization for Director Davey to Attend 1995 Special District Board Management Institute at a Projected Cost of$1.100 (Report R-95-06 H. Haeussler requested a more detailed explanation of the Institutes content. M. Davey reported that the Institute instructs directors about the Brown Act and its rules and regulations, general management of special districts and various opportunities for special districts to find resources. Motion: N. Hanko moved that the Board authorize Director Davey to attend the 1995 Special District Management Institute at a projected cost of$1,100. G. Babbitt seconded the motion. The motion passed 6 to 0. G. Agenda Item No. 9 - Proposed Revision to District Rules of Procedure Regarding Membership on Board Committees and Compensation for Services on Ad Hoc Committees and Discussion of Whether Additional Revisions to the Board's Compensation Policy are Desired (Report R-95-M S. Schectman noted that the Board had requested Legal Counsel return with appropriate revisions to the Rules of Procedure regarding participation on committees by the Board President and compensation for attendance by committee members at ad hoc committee meetings. She said the first change in Section 1.80 would allow the presiding officer to sit on an ad hoc committee or serve as an alternate on any committee and the change in Section 2.30 would clarify that attendance at formally adopted ad hoc committee meetings is compensable unless the Board determines that that committee is not compensable. i Meeting 95-01 Page 5 N. Hanko suggested that the word "may" be changed to "shall" in Section 1.80 so that the sentence reads: "The presiding officer of the Board shall appoint the committee members with the consent of the Board." Following discussion regarding establishment of committees, the Board agreed that wording for the first sentence in Section 1.80 should be: "Upon passage of a motion by a majority of Board members in open session, standing or ad hoc committees composed of Board members may be established for the study of specific matters." The Board concurred that the language providing for a case-by-case determination about compensation by an affirmative act is the better alternative for the change in Section 2.30. B. Crowder suggested that the Board limit Board members' compensation for attendance at meetings to $300 rather than the current $500 per month. Motion: B. Crowder moved that the Board amend Section 2.30 of the Rules of Procedure to change the maximum compensation for meeting attendance to $300 instead of$500. G. Babbitt seconded the motion. Discussion: G. Babbitt noted that any Board member has the option to notify the bookkeeper that he/she does not wish to be paid for meeting(s). N. Hanko said that the amount was initially $300 per month but the higher amount was adopted to encourage younger people on limited incomes and retirees on fixed incomes to serve as Board members. She suggested that Board members be able to donate part of their compensation to special funds, such as the Wallace Stegner Memorial Fund or the Daniels Nature Center Fund, if they feel overcompensated. She said she would like to see support from the Board on this approach for meeting the needs of directors who feel they are getting too much compensation. She said she would like to substitute a motion. Substitut N. Hanko moved that the Board charge the Legislative, Finance, and Public Motion: Affairs Committee with reporting to the Board on how compensation could be donated to funds that the District would establish. The motion failed for lack of a second. Discussion: W. de Wit said he is in favor of N. Hanko's suggestion, and suggested postponing action until more information is available. S. Schectman noted that staff needs to research the tax consequences. She said staff could research the issues and return to the Board with a donation procedure. G. Babbitt proposed tabling the motion to another meeting in order to clarify the proposal. She noted that the Board, in an effort to cut expenses, has cut the number of meetings that are compensable by scheduling as many meetings as possible in one day. M. Davey suggested that the Board consider a voluntary alternative at a later time. Motion to G. Babbitt moved that the Board table the motion on the floor. N. Hanko Table: seconded the motion. The motion passed 6 to 0. Motion: M. Davey moved that the Board adopt Resolution 95-03 as amended, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space i Meeting 95-01 Page 6 District Amending the District's Rules of Procedure. N. Hanko seconded the motion. The motion passed 6 to 0. P. Siemens noted that the voluntary compensation issue will be studied by the Legislative, Finance, and Public Affairs Committee. H. Agenda Item No. 10 - Consideration of Possible Cost of Living Adjustment for General Manager (Report R-95-07) P. Siemens reported that the Board's agreement with the General Manager states that a cost of living adjustment will be considered after the first six months of the agreement and that the General Manager Evaluation Committee has recommended a 2.5 point cost of living adjustment (the same amount as was awarded to other employees as of April 1, 1994) to the General Manager's salary as of September 9, 1994. Motion: M. Davey moved that the Board approve a 2.5 point cost of living adjustment for the General Manager effective September 9, 1994. G. Babbitt seconded the motion. The motion passed 6 to 0. I. Aeenda Item No. 12 - Appointment of Administration and Budget Committee for 1995 (Report R-95-01) P. Siemens reported that he would like to have M. Davey and T. Henshaw serve as members of the Administration and Budget Committee, along with W. de Wit, who as Treasurer, is an automatic member of the committee. Motion: G. Babbitt moved that the Board approve P. Siemens' appointments to the Administration and Budget Committee. N. Hanko seconded the motion. The motion passed 6 to 0. W. de Wit asked whether the Board members meeting to discuss environmental education would be considered an ad hoc committee. P. Siemens said he would suggest that the committee remain a voluntary committee rather than an ad hoc committee. C. Britton said committee appointments would be an agenda item at the Board's next regular meeting. VIII. INFORMATIONAL REPORTS C. Britton reported 1) that the Jacques Ridge purchase closed on January 4, 1995; 2) the note issue closed on January 11 and funds were wired into the Districts account; 3) that he would be meeting with Karen Foss, Parks and Recreation Director for Santa Clara County and Tony Look from the County's Parks and Recreation Commission about a joint meeting with the Board and the Commission; and 4) that the presentation to the San Carlos City Council was cancelled and will be rescheduled. He proposed May 21, June 3, or June 4 as potential dates for the volunteer recognition event, noting it was proposed that the Legislative, Finance, and Public Affairs Committee handle the volunteer event and the Administration and Budget Committee handle the staff recognition event. N. Hanko reported she had attended the election of Palo Alto's new mayor and vice mayor. She said that she, B. Crowder, and M. Davey were interested in meeting with the new mayor to discuss the trail corridor between Los Altos Hills and Portola Valley, the Arastra trail and house, the Bressler property as well as an exchange of land. l f Meeting 95-01 Page 7 B. Crowder said she attended the swearing-in of the new San Mateo County Board of Supervisors and that Ted Lempert was elected Board president. She said the San Mateo County Trails Committee discussed the county's road vacation proposal in the vicinity of the La Honda Creek Open Space Preserve, noting that it affects the District considerably and that she will monitor the situation. P. Siemens reported that the Los Gatos Creek Trail project is nearing completion and that the Town of Los Gatos is scheduling a celebration for the trail on April 29 to coincide with Trail Days. He said that he attended Santa Clara County Supervisor Jim Beall's swearing-in. G. Babbitt said she is organizing a potluck dinner for the Board and staff to honor Bob McKibbin for his work on the Board. The Board agreed that Thursday, February 2 at 6:00 P.M. is the best date for the dinner. J. Escobar reported that the City of Mountain View Parks and Recreation Commission is reviewing the fee schedule for the summer program at Deer Hollow Farm, taking into account whether one is a resident of the District and/or county. He said another one-year agreement for operating Deer Hollow Farm appears favorable. He reported on the recent accidents and injuries, as well as trail closures and storm damage. IX. CLOSED SESSION P. Siemens announced at 9:30 P.M. that the Board would adjourn to closed session to consider closed session agenda item number 3. The Board convened in Closed Session at 9:40 P.M. and concluded the Closed Session at 11:00 P.M. X. ADJOURNMENT The meeting was adjourned at 11:00 P.M. Emma Johnson Recording Secretary 1