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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
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Meeting 95-01 Page 2
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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.
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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)
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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.
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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.
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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
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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.
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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
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