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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-07
REGULAR_AND SPECIAL MEETINGS
BOARD OF DIRECTORS
March 25, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:30 P.M.
Members Present: Betsy Crowder, Mary Davey, David Smernoff, Pete Siemens, Jed Cyr,
Nonette Hanko, and Ken Nitz.
Personnel Present: Craig Britton and Sue Schectman.
U. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Item 1.
The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at
6:32 P.M. The Board concluded the Closed Session at 7:35 P.M.
President Crowder announced that the Board had voted in closed session to direct its legal
counsel to suspend the eminent domain proceedings with the Russian Convent of Our
Lady of Vladimir and resume negotiations with the convent representatives in an effort to
achieve a settlement. Directors Siemens, Cyr, Crowder,Nitz and Hanko voted aye.
Directors Smernoff and Davey voted nay.
President B. Crowder called the Regular Meeting to order at 7:40 P.M.
Additional Personnel Present: Mike Williams, Deirdre Dolan, Malcolm Smith, Jodi Isaacs,
and Mary de Beauvieres.
III. ORAL COMMUNICATIONS
Dave Perrone, 316 Ridge Road, King's Mountain, Save Skyline Open Space, thanked the
Board for all they have been going through regarding the Russian Orthodox convent
decision. He had read the written communications and said there were a surprising
number of rational letters in favor of the action taken last Wednesday. He asked them to
remember that there are 600,000 persons in this District and only 300 were at the meeting.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
Meeting 98-07 Page 2
That left 599,700 who did not care or thought they had elected people who did. He said
there was a lot of political pressure on Board members now and he understood that San
Mateo County had requested that they rescind the action. He said it was the Board of
Supervisors that put the District in a position of having to go to an eminent domain action
by basically removing it from the normal building practice in the county and approving
development of a Williamson Act property. He said the project needs to be looked at as a
Trojan horse in that it sets a precedent. He thanked the Board for all of their actions.
Richard Bourke, P. O. Box 7207, San Jose, asked for clarification of the Board's action.
S. Schectman confirmed that the Board directed Legal Counsel to suspend the eminent
domain proceedings(that is, hold the litigation in abeyance) and resume negotiations with
the Convent in an effort to achieve a settlement.
Mr. Bourke commented that it was good to see so many members of the public show up
and thought it was a good statistical sample of how the community felt about the matter.
He said he was disappointed that people had to come here first then move, and he did not
remember hearing in any open and public meeting that they had decided to hold the
hearing. He expressed the opinion that there had been a violation of the Brown Act. He
gave Board members a copy of a letter from Congressman Tom Campbell
ell regarding the
Woods Road matter.
S. Schectman stated that at the March 18 meeting the Board voted in an open, public
session to authorize eminent domain proceedings. It was publicly agendized and all
actions with respect to this project had been properly noticed under the Brown Act.
There was a prior action to authorize an appraisal and negotiations with the convent.
C. Britton responded to Mr. Bourke's comments on the location of the meeting and the
accommodations that his point was well taken.
Al Bell, 12130 Skyline Blvd., Woodside, Save Skyline Open Space, thanked the Board
and said he understood their position. He felt newspaper coverage had been very one-
sided. He said the nuns were undergoing the same process any other entity would endure
for the same type of project. He said the opposition to the project is not coming from
wealthy people as stated in the newspapers. He described what had happened when the
San Mateo County Board of Supervisors disallowed their appeal of the Planning
Commission approval of the preliminary concept plan by a narrow 3-2 vote. He said the
concessions the nuns have made are minimal and that a residence of unknown size is
planned to the south. He said this is a major religious center. He described what he
believed was wrong with the planning process, referring to a previously approved project.
He said he hoped the District would not submit to public pressure and rescind their action
until those opposed had time to present the true picture to the general public. He agreed
that the nuns need a new home and hoped that a mutually agreeable resolution can be
reached.
Robert Black, 585 Dartmouth Ave., San Carlos, commended the Board on tonight's
action and said he thought it was an important move in order to try to defuse the situation.
Meeting 98-07 Page 3
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALENDAR
N. Hanko and P. Siemens requested the removal of written communications.
Motion; D. Smernoff moved that the Board adopt the Consent Calendar, including
agenda item 5,Approval of Annual Claims List. Including Debt Service
Payments.for 1998-1999 Fiscal Year and Revised Claims 98-06. P.
Siemens seconded the motion. The motion passed 7 to 0.
VI. WRITTEN COMMUNICATIONS
N. Hanko said she thought the first paragraph on page 2 of the draft response to Chris
Church was an incomplete answer because there has been no discussion of what taxes
would apply on the coast if they were annexed. She thought it should be rewritten so
it is very clear that no figure has been discussed at this point.
C. Britton agreed and said staff would clarify the current property tax for the existing
constituency and add that the level at which there seemed to be public support for
funding was at the$1 per month per household level. Per P. Siemens' suggestion, he
agreed to add that any tax in a new area that might be added to the District would
require a 2/3 vote of the people. P. Siemens asked that the words, "for those new
areas" be added to the last sentence of that paragraph.
P. Siemens expressed concerns regarding the last sentence of the third paragraph of
the response to Matt Hill. C. Britton said it could be expanded to say that until there is
a concerted regional effort, including private and public owners, control (of feral pigs)
is not possible.
Motion: P. Siemens moved that the Board approve the amended replies to
written communications from Mr. Chris Church, E-mail:
c risOb"astoun:Mr. Harry Haeussler, 1094 Highlands Circle, Los
Altos; and Matt Hill, P. O. Box 305, Ben Lomond, CA 95005. D.
Smernoff seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. 1 —Acceptance of 1998-1999 Insurance Premiums for
District's PropeM and General Liability. Umbrella Liability- Automobile
Fidelity Bond. and Public Entity Errors and Omissions Insurance Coverage-
ftport R-98-39).
♦ Meeting 98-07 Page 4
D. Dolan said the most significant change was a 3.5% increase over last year.
Skip McIntyre, representing Flinn, Gray and Herterich, of Palo Alto, the
District's insurance broker, said they went to 15 insurance carriers to bid the
renewals. Approximately two responded to each line item and the
recommendations reflect the lowest bidders.
Motion: N. Hanko moved that the Board accept the property and
general liability, auto, umbrella liability, fidelity bond, and public
entity errors and omissions insurance bid totaling $175,764
from Flinn, Gray&Herterich Insurance Brokers based on the
quotations shown on Exhibit I from Reliance, General Accident
Insurance, Fireman's Fund Insurance, Chubb, and Stewart
Smith West for the period of April 1, 1998 through March 31,
1999. J. Cyr seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2—Adoption of the 1998-1999 Action Plan for the
Implementation of the Basic Policy of the Midpeninsula Regional Open Space
District - (Report R-98-271.
C. Britton said the changes suggested by the Board are in the subprograms in
italics. He said the Board might not be aware of some of the changes to the
planning work program which had come about because of severe winter
storms. A chart showing those changes was included in the report.
M. de Beauvieres said projects have changed since the January workshop.
Storm-related projects were added and some projects had to be carried over
from this fiscal year to next. As a result of the additions, the scope of some
projects was reduced. M. de Beauvieres explained the term, "certified wood
products" on page 2 of Revisions to Chart A, stating there is a scientific
organization that oversees all wood product growers. Those who are certified
have management practices that are for sustainable yields and generally high
quality management practices. She clarified that the Glasspool cleanup was
not related to the Air Force base. She said all the projects on Revisions to
Chart A have been included in the attachment to the action plan(the planning
work program).
M. de Beauvieres said storm related damage occurred after January 14, and
staff are still evaluating them. They have contacted FEMA and submitted
estimates. She said the time frame for completion of the driveway and parking
area at Thornewood is late spring or early summer.
In answer to H. Haeussler's question about why projects were considered to be
new, M. de Beauvieres explained that the asterisk next to projects on this chart
meant they were not included in last year's work plan. She said they had tried
to make sure the parking lot at Windy Hill was completed before additional
trails were developed.
*► Meeting 98-07 Page 5
Motion: M. Davey moved that the Board adopt the 1998-1999 Action
Plan for the Implementation of the Basic Policy of the
Midpeninsula Regional Open Space District. P. Siemens
seconded the motion.
N. Hanko commended staff for preparation of the plan, stating
that it is very clear as to exactly what the District is planning to
do on all its preserves.
Vote: The motion passed 7 to 0.
C. Agenda Item No. 3-Approval of the Budget for Fiscal_ Year 1998-1999.
a) Administration and Budget Committee Report- (Report R-98-41)
J. Cyr outlined the report and said the committee was focusing on
becoming more clear about the 6% guideline. He said the rationale for
how it applies this year is in the report, and the committee believes they
need further work and would like to continue to clarify these issues.
Motion: J. Cyr moved that the Board accept the Administration and
Budget Committee recommendations to approve the
proposed 1998-1999 Budget; approve the guidelines noted
in the report for the capital improvement budget; direct the
ad hoc Board Appointee Evaluation Committee to initiate a
salary review and evaluation for the General Manager and
Controller; review the 1997-1998 actual versus budgeted
expenditures after completion of the audit; mid-way through
the fiscal year review the 1998-1999 budget and
expenditure status; review the capital improvement budget
to insure the guidelines are working adequately and meet
with the Controller for a review of the District's financial
status; and, by August 1998, reassess the validity of the
target average 6% growth guideline in the operating budget,
and clearly establish the methodology by which the
guidelines will be determined and applied in future years.
N. Hanko seconded the motion.
Discussion: J. Cyr said there was no dispute about having the
guideline, but they want to re-assess the methodology. C. Britton
added that the committee has made a lot of headway having defined the
capital improvement budget. They want to come back with information
on how the growth guideline is applied so that it will be much clearer to
future budget committees.
Y= The motion passed 7 to 0.
Meeting 98-07 Page 6
b) Staff Report—(Report R-98-40).
C. Britton pointed out a correction to page 2 of 3 of Attachment 1,
stating that the total under 97-98 Projected Expense in the Operations
Program chart should be $2,528,279.
D. Dolan mentioned that staff will be coming back at the next meeting with
the Position Classification and Compensation document which will
incorporate the 1% salary increase for represented, supervisory and
management staff.
C. Britton said the staff report includes a summary of the budget which is
in accordance with what was presented to the Budget Committee and
outlines the major changes.
In answer to Mr. Black's earlier question about the increase in reserves
being listed as -$9.7 million in Exhibit A, item 2, C. Britton explained that
has to do with expenditures from last year's debt retirement, capital
improvements, and land acquisition.
Motion: P. Siemens moved that the Board approve a one point (1%)
salary adjustment for the office, supervisory, and
management staff; and adopt Resolution 98-15, A
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Adopting Budget for Fiscal
Year 1998-1999. D. Smernoff seconded the motion. The
motion passed 7 to 0.
D. Agenda Item No. 4—Approval of the Proposed Minor Organization Changes
for the Planning Progr m, Including Continuance of the Self-Directed Work
Tom, and an Acting Appointment to the Senior Planner Position and
Authorization for the Filling of an Open Space Planner H Position in Lieu of a
Currently Vacant Open Space Planner I Position- (&port R-98-38).
C. Britton outlined the staff report and said he thought the team was working
well and eagerly supports this proposal. He said the feel that for the first year
of the proposed organization changes there will be no budget impacts. During
subsequent years there will be an increase that will have to come under the
bud
get et rowth guideline. The position of Senior Planner is designated Acting
because the team has been going oin for two years and there are a lot of areas in
g
which they need additional training. In addition, the team has not been at full
strength and they would like to see how that works out and evaluate it at the
end of the fiscal year. They will come back with a recommendation at that
time. He said they want to see what the long term commitment will be to a
team. There are now 4.5 people on the team and there would be 6.5 if the
proposal is approved. The vacancies are on the books now and are currently
ok
'Meeting 98-07 Page 7
budgeted.
Discussion followed about the benefit of having a Planner H with construction
experience on the team. B. Crowder said that while she feels the Board is not
meant to interfere with internal hiring, she felt that the appointment to Senior
Planner should be permanent, not acting. C. Britton repeated that staff
believed the performance of the proposed team should be evaluated at the end
of the fiscal year.
Motion: P. Siemens moved that the Board approve the proposed minor
organization changes for the Planing Program, including
continuance of the self-directed work team and an Acting
Appointment to the Senior Planner position; and authorize the
filling of an Open space Planner H position in lieu of a currently
vacant Open Space Planner I position. M. Davey seconded the
motion.
Discussion: M. de Beauvieres informed Board members that until the Planning
Technician vacancy is filled, M. Freeman will continue working on the sign
program. One of the projects on the work program is to evaluate the sign
program.
Vote: The motion passed 7 to 0.
VHL INFORMATIONAL REPORTS
M. Davey thanked the Board for sending her to Sacramento to the PCL annual
conference.
N. Hanko asked for copies of the notification policies adopted in 1986 after lengthy
discussion with property owners. Two people had asked her about how the March 18
publicity had been distributed as they had not been notified. She asked for a report
from S. Schectman and M. Smith regarding how the policy had been defined in
not people of the March 18 meeting.
�8 P P 8.
C. Britton said the law required a 15-day notice to the owner, which was done. In
addition, an eight-day notice was sent to surrounding property owners, all press,
individuals who subscribe to the agenda, and names from petitions. More than 200
notices had gone out. He said he thought the notification was thorough and in
accordance with the existing policy. Staff is keeping a data base for follow-up.
B. Crowder said she also enjoyed the PCL symposium.
I Cyr commended staff for how they handled the moving of a large number of people
for the convent hearing last week. Other board members concurred.
C. Britton reported as follows: 1. Notice of Palo Alto State of the City address on
Meeting 98-07 Page 8
April 20 at 5:45 p.m. 2. M. de Beauvieres had given him the final rundown on the
Skyline dump cleanup. Final cost was $174,973 which was fully paid by the State.
District costs were to build a road and re-vegetate the area at an agreed-to cost of
$15,000. 3. He asked which Board members were planning to attend Friday's Bay
Area Open Space Council meeting in San Francisco at the Presidio. 4. FYIs included
an update on the Warner Group study of the Operations Program. 5. He commended
staff members who helped at last week's hearing, including Paul, Carleen, Gordon,
Kat, Bunny, Deirdre, Lisa, Susan, Del, Sue, Malcolm, John, and Mike.
IX. ADJOURNMENT
The meeting was adjourned at 8:47 P.M.
Roberta Wolfe
Recording Secretary