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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR AND SPECIAL METING Meeting 96-07
BOARD OF DIRECTORS
March 27, 1996
I. ROLL CALL
Vice President Mary Davey called the meeting to order at 7:00 p.m.
Members Present: Peter Siemens, David Smernoff, Mary Davey, and Betsy Crowder
Members Absent: Nonette Hanko, Wim de Wit, and Teena Henshaw
Personnel Present: Craig Britton, Sue Schectman, John Escobar and Jean Fiddes
H. CLOSED SESSION
M. Davey stated that the Board would adjourn to the Special Meeting Closed Session for the
purpose of discussing Closed Session agenda item 1.
The Board recessed to Closed Session at 7:00 p.m. and the Closed Session commenced at
7:01 p.m. The Board recessed the Special Meeting at 7:28 p.m. and M. Davey called the
Regular Meeting to Order at 7:32 p.m.
'Additional Personnel Present: Mike Williams, Malcolm Smith, Mary de Beauvieres, Julie
McCullough, and Deirdre Dolan
III. ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
Motion: D. Smernoff moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 4 to 0.
V. ADOPTION OF CONSENT CALENDAR
C. Britton requested that agenda item 1, Adoption of the 1996-1997 Action Plan for the
Implementation of the Basic Policy of the Midl&ninsula Regional Olen Space District , be
removed from the Consent Calendar.
Motion: P. Siemens moved that the Board adopt the Consent Calendar including the
minutes of March 13, 1996 Regular Meeting; agenda item 5, Approval of
Annual Claims List, Including Debt Service Payments, for 1996-1997 Fiscal
Y-=; agenda item 8, Authorization to Contract with Pacific Gas and Electric
Company for $69.143 to Underground Utilities Along Portola Road and
Reroute Existing; Service to the Adjacent Parcel and Windy Hill Qwn Space
Preserve and Determination that Project Categorically Exempt from California
330 Distel Circle * Los Altos,CA 94022-1404 e Phone:415-691-1200 e FAX:415-691-0485 * E-mail: mrosd@netcom.com 0
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
GeneralManager;L.Craig Britton
d
Meeting 96-07 Page 2
Environmental Quality Act: and Revised Claims 96-06. B. Crowder seconded
the motion. The motion passed 4 to 0.
In regard to Item 8, PG&E undergrounding for Portola Road, M. deBeauvieres said the
report states that the PacBell fees are included in the cost estimate. She said the trenching is
included but there may be an additional fee due to PacBell of about $2,000 that could appear
on a future claims list.
VI. BOARD BUSINESS
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A. Agenda Item No. 1, Adoption of the 1996-1997 Action Plan for the Implementation
of the Basic Policy of the Midpeninsula Regional Oren Space District (R=rt R-96-
J. McCullough said when the Action Plan was tentatively adopted, there was an
amendment adding the construction of the trail to the Hayfield at Fremont Older Open
Space Preserve and deleting the Sevens Spring Road Bypass Trail. She said the
change has been addressed in the form of the amendment before the Board this
evening. She proposed a revision to the amendment to include construction of the
Seven Springs Road bypass trail and the trail to the hayfield, so that the end of the
last sentence of Key Project No. 2 on page 8 of the Plan would read, ". . . and
construct Seven Springs Road bypass trail and trail to the hayfield at Fremont Older
Open Space Preserve." She said the reason for this is that there has been a change in
the availability of the trail building consultant which will allow staff to build both
trails at Fremont Older if they can proceed immediately. Funding for the bypass trail
will be provided from funds designated for the trail to the hayfield in the 1996-1997
budget. If additional funds are needed to complete the hayfield trail, she said the
Board will be asked for a midyear funding budget adjustment.
Motion: B. Crowder moved that the Board adopt the 1996-1997 Action Plan for
the Implementation of the Basic Policy of the Midpeninsula Regional
Open Space District as amended. D. Smernoff seconded the motion.
The motion passed 4 to 0.
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B. Agenda Item No. 2 - Acceptance of 1996-1997 Insurance Premiums for District's
P= y and General Liability, Umbrella Liability, Automobile, Fidelity Bond, and
Public Entity Errors and Omission Insurance Coverage - (R=rt R-96-44)
J. Fiddes reviewed the bids contained in the staff report, noting the bid package
totalled $150,539. Skip McIntyre from Flinn, Gray & Herterich, the District's
insurance broker, was present to answer questions.
B. Crowder noted that the bid was for a one-year period and asked if there were
penalties for early cancellation. Mr. McIntyre stated that there would be a short-rate
cancellation penalty which begins at a maximum of 10% and would decline
throughout the year depending on when the cancellation took place.
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Meeting 96-07 Page 3
Motion: D. Smernoff moved that the Board accept the 1996-1997 Insurance
Premiums for District's Property and General Liability, Umbrella
Liability, Automobile, Fidelity Bond, and Public Entity Errors and
Omission Insurance Coverage. P. Siemens seconded the motion. The
motion passed 4 to 0.
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C. Agenda Item No. 3 - Approval of 1996-1997 Salary and Benefit Adjustments for
Office. Supervisory. and Management Staff- (RRport R-96-30
J. Fiddes reviewed the staff report which she said was prepared by D. Dolan. She
outlined proposed changes in salary, sick leave conversion, and basic life insurance.
Staff answered questions about the method of computing the percentage of total
increase.
Motion: P. Siemens moved that the Board approve the 1996-1997 salary pay
plan, that includes a 2% adjustment for the District's office,
supervisory, and management classifications effective April 1, 1996;
approve the implementation of a sick leave conversion program
whereby office, supervisory, and management staff who leave the
District in good standing with a minimum of 10 years of service
receive a cash payout of accrued sick leave as follows: 20% of accrued
sick leave for 10 to 15 years of service; 25% of accrued sick leave for
16 to 20 years of service; and 30% of accrued sick leave for 21 or
more years of service; approve an increase in basic life insurance from
the current $10,000 for each employee to an amount equivalent to the
employee's annual salary. D. Smernoff seconded the motion. The
motion passed 4 to 0.
D. Agenda Item No. 4 - Approval of Budget for Fiscal Year 1996-1997 00= R-96-
34 and R-96-40)
from wh n 1 reviewed
C. Britton said there are no changes proposede the Board last a ed the
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budget and staff recommends approval.
Motion: B. Crowder moved that the Board accept the Administration and Budget
Committee's recommendations contained in report R-96-34 and adopt
Resolution No. 96-12, a Resolution of the Board of Directors of the
1v idpeninsula Regional Open Space District Adopting Budget For Fiscal
Year 1996-1997. D. Smernoff seconded the motion. The motion
passed 4 to 0.
Board members commended staff for the way the budget process was carried out.
E. Agenda Item No. 6. - Proposal to Exercise Right of First Refusal to Repurchase the
Former Fee Determinable 12-Acre Estate of Kyle Bach Adjacent to Skyline Ridge
Q= Space Preserve for $275.000: Tentative Adoption of Preliminary Use and
Management Plan Recommendations for the Parcel: Intention to Withhold Property
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Meeting 96-07 Page 4
from Dedication as Public Onen Space• and Determination that Recommended Actions
Categorically Exempt from California Environmental Quality Act - Renort R-96-43
After M. Williams pointed out the location of the property on a map, C. Britton
summarized the District's historical experience with the property.
J. McCullough described details of a map of the property including potential trail
alignments which would connect Skyline Ridge with the Russian Ridge Open Space
Preserve. She showed slides of the property and views from the property. She said
staff is recommending acquisition for the following reasons:
• The need to reevaluate the best trail alignment through the property to make the
best connection between Skyline Ridge and Russian Ridge Open Space Preserves.
• The necessity to have patrol access through this property.
e The need to have more control over the use of the life estate area to make sure
uses that occur are compatible with trail uses.
J. McCullough said that when staff structured the agreement in 1988 the connection
between Portola State Park and Skyline Ridge via Old Page Mill Road was really
thought to be a long term project. Since then the District has acquired a majority
interest in the Big Dipper Ranch and has applied for a potential grant that would
connect the Big Dipper Ranch with the Skyline Ridge Open Space Preserve. She said
staff anticipates that when this trail is constructed it will be one of the more popular
trails. As a result staff thinks that once the Page Mill Trail is opened ned there will be
more of a demand to connect up to Russian Ridge, so that trail system has become
more of a high priority project. In addition, once visitors are on Page Mill Trail it
will be important to have patrol access to respond to emergencies and to be able to
have routine patrols to monitor usages occurring on Page Mill Road. In summary, J.
McCullough said staff is recommending acquisition of this property so the District can
gain more control over the use and ensure that the activities on this property are
consistent with the type of uses the District would want for visitors.
M. Williams said the party who had made the $275,000 offer was at this meeting.
There are two alternatives presuming that the Board approves the proposal for right of
first refusal: 1. Continue negotiations with buyers for a more compatible estate
purchase agreement. Staff is hopeful that they will be able to negotiate with the
buyers on a resale of the estate and would be seeking to improve patrol access on the
property, improve the trail alignments, and the overall visual aspects of the property.
2. Do necessary repairs for the property to be an enterprise rental. He said staff will
be coming back within the next three months with recommendations on the disposition
of this property.
In answer to B. Crowder's question regarding resale and acquisition, M. Williams
said staff asked for an extension from Bank of America to re-negotiate this sale
agreement so it would be more compatible with the District's surrounding uses. That
extension was not granted so to regain control the District needs to exercise the right
of first refusal (buy the property). He said if the Board approves the right of first
Meeting 96-07 Page 5
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refusal, staff will continue negotiations with the buyer for an agreement that is more
compatible, including use and management provisions that J. McCullough outlined.
D. Smernoff asked if staff had more information about the potential gasoline leakage.
C. Britton said when the District bought the property there were questions about this;
tests were done and no leakage was found. He said the District would sell the
Property as is.
P. Siemens said he would like the Board to exercise the option but agreed with staff
and B. Crowder that it should then be resold if possible. However, if the option is
exercised and the property is rented, there will be a return greater than the interest
payment while staff looks for a buyer.
P. Siemens said the optimum situation would be to negotiate an agreement and
actually handle everything in the same escrow. C. Britton agreed but said it is a tight
time period and that is why an extension was requested. He said he had talked to
officers at Bank of America and they said denying the extension was a business
decision.
Frank Hughes said he and his wife Laurie wish to purchase the property and thought
they could reach an agreement regarding the special terms. He asked if staff would
object to him contacting the bank and asking for an extension. C. Britton encouraged
him to do so.
Motion: P. Siemens moved to adopt Resolution No. 96-13, a Resolution of the
Board of Directors of the Nfidpeninsula Regional Open Space District
Exercising its Right of First Refusal to Repurchase the Former Bach
Fee Determinable Estate Authorizing Officer to Execute Certificate of
Acceptance of Grant to District and Authorizing General Manager to
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Exe
cute Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Skyline Ridge Open Space Preserve - Fee
Determinable Estate - Bank of America); tentatively adopt the
Preliminary Use and Manager Plan recommendations; indicate intention
to withhold the property from dedication as public open space at this
time; and determine that the recommended actions are categorically
exempt from the California Environmental Quality Act. D. Smernoff
seconded the motion. The motion passed 4 to 0.
F. Agenda Item No. 7 - Presentation of Five-Year Field Activity Summary and 1995
Miscellaneous Enforcement Activities Re rtt-- (R_eport R-9641)
J. Escobar said this is the first annual report on field activities. If the Board likes the
format, staff will use it and will try to issue it by February of each year. He
described the efforts to improve the activity summaries by changing and adding
categories to make it more descriptive. He said it is still not a good instrument to
compare from year to year, although this year's numbers are better than last year's
because there are more categories and some categories are double checked against
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Meeting 96-07 Page 6
planing statistics. J. Escobar highlighted items in Appendix B and observations on
page 2 of the report. He stated that the number of rangers present at the May 23
incident should be changed from 2 to 1.
B. Crowder said it was important to get this report and the monthly reports. J.
Escobar said statistics can be compiled by site. B. Crowder said she would like this
information for her area.
C. Britton stated that staff is folding information from sites into the planning process.
J. Escobar commented on the auto burglary data and the future use of graphical
presentations in the report.
Motion: D. Smernoff moved that the Board accept the Five-Year Activity
Summary and the 1995 Miscellaneous Enforcement Activity Summary.
P. Siemens seconded the motion. The motion passed 4 to 0.
VII. INFORMATIONAL REPORTS
D. Smernoff said he had been to El Corte de Madera Open Space Preserve with staff and
toured trouble spots. He gave staff information on a Broom Symposium in Portland on April
17 and 18 and a Natural Resources in the Environment Symposium in Pennsylvania in May.
M. Davey said she attended the Ridge Trail Council meeting in San Francisco. She heard
reports from counties where the Ridge Trail is located, including gap committee reports.
Also, the work plan for the coming year was presented as well as a presentation of a
comprehensive list of studies and reports about various activities throughout the Bay Area,
including seven major areas of study. She had a copy of the Trails section which she said
was available for review. She said she has volunteered to serve on the Santa Clara County
gap committee and will continue to attend the council meetings.
P. Siemens reported on the Grant house restoration at Deer Hollow Farm, noting he and
other volunteers have moved furniture and artifacts to the house which is close to being
finished.
C. Britton referred the Board to the notice of the dedication of the Peninsula Open Space
Trust Learning Pavilion on April 20, noting he would not be able to attend. He also
mentioned a memo on a grassland/thistle study, an invitation to the new Palo Alto Mayor's
address, and an announcement of a Sequoia Audubon Society award to W. de Wit on May 9.
In addition, he said that by March 29 the improvement for the off leash area at Pulgas Ridge
should be completed. He also pointed out how changes are indicated on the revised claims
list.
Meeting 96-07 ( a Page 7
J. Escobar reported that during the last three weeks various staff members had been at the
Oak Symposium in San Luis Obispo, the Parks Rangers Association Conference in Ventura,
and the Trails Conference at Asilomar. He said a Use and Management Committee meeting
has been scheduled on April 15 to review the El Corte de Madera Trail Plan. J. Escobar
said there are 17 or 18 people in the training class for the volunteer patrol program, mostly
hikers, and the class is more diverse in age than previous classes. C. Britton said training
has started for the volunteers who will open the Nature Center on Sundays.
VIH. ADJOURNMENT
M. Davey adjourned the meeting at 8:40 p.m.
Roberta Wolfe
Recording Secretary
' III