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HomeMy Public PortalAbout20060823 - Minutes - Board of Directors (BOD) Meeting 06-20 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS August 23, 2006 MINUTES SPECIAL MEETING I. ROLL CALL President Jed Cyr called the Special Meeting to order at 6:09 p.m. Members Present: Jed Cyr, Mary Davey, Pete Siemens (arrived at 6:10 p.m.), Larry Hassett (arrived at 6:10 p.m.), K. Nitz and N. Hanko Members Absent: None Staff Present: Craig Britton, Sue Schectman, Mike Foster II. CLOSED SESSION h Board would adjourn to Closed Session to discuss Closed Session J. Cyr stated that the J i Agenda items 1 through 3. g g The Board recessed to Closed Session at 6:1 Op.m. and the Closed Session commenced at 6:1Op.m. The Board concluded the Closed Session at 7:30 p.m. REGULAR MEETING III. J. Cyr called the Regular Meeting to order at 7:30p.m. J. Cyr stated that the Board discussed Closed Session Agenda items 1, 2 and 3 and that there were no reportable items from the Closed Session and that the Board would adjourn back into the closed session after the Regular meeting. Additional Staff Present: D. Simmons, R. Jurgensen, S. Rice, J. Maciel, T. Lausten, J. Dickey, M. Williams, M. Freeman IV. ORAL COMMUNICATIONS There were none. Meeting 06-20 Page 1 V. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the Agenda. P. Siemens seconded the motion. The motion passed 6 to 0. VI. INTRODUCTION OF NEW STAFF J. Maciel introduced two new District Rangers. The first introduction was for Alex Hapke. J. Maciel gave background information and told the Board he would be working at the Skyline Field Office. The Board welcomed Mr. Hapke to the District. Mr. Hapke said he was happy to be working at the District. The second introduction was for Michael Perez. J. Maciel gave background information on Mr. Perez and said he would be working at the Foothills Field Office. The Board welcomed Mr. Perez. Mr. Perez said he was looking forward to a long career at the District and thanked the Board. VII. ADOPTION OF CONSENT CALENDAR N. Hanko asked to abstain from Revised Claims number 5369. K. Nitz remarked that he was surprised at the cost spent on the weevils (Claim #5372). He thought the cost would be higher and he added that the District has enjoyed good press because of the weevils. Motion: L. Hassett moved that the Board adopt the Consent Calendar, including Agenda Item 6 Adopting the Resolution No. 34 Supporting Measure A on the November 2006 Ballot Measure to Increase the Sales Tax by One- Eighth of a Cent to Support the Parks and Recreation-Related Activities of San Mateo County, the Cities and Special Districts Located Within the County; Agenda Item 7 Adopting the Resolution No. 34 Authorizing the District to Participate in the State of California's Local Agency Investment Fund; and Revised Claims 06-16. K. Nitz seconded the motion. The motion passed 6 to 0. Vill. BOARD BUSINESS A. Agenda Item No. I - Establish a Procedure for Filling Ward 4 Board Vacancy; Determine Whether the Board vacancy in Ward 4 Will Be Filled by the Election Process or By Appointment•, If the Vacancy is to be Filled by Calling an Election, Establish the Date of the Election; If the Vacancy is to be Filled by Appointment: App rove the Application Form to be Used-, Reaffirm Use of the General Criteria for Appointment to the Board of Directors, or Modify Them as Deemed Necessary; Establish a Timeline for Filling the Vacancy, Including Setting a Deadline for Receipt of Applications, and Setting the Dates for the First and Second Round of Interviews, Assuming you Reaffirm the Procedures for Interviews - (Report R-06-103) Meeting 06-20 Page 2 C. Britton introduced item to fill the Ward 4 vacancy and reviewed options the Board has to fill the seat. M. Davey said the Board should choose to make an appointment. N. Hanko said she agreed with M. Davey. She said that the Board should not spend tax-payers money and that the Board of Supervisors would not be able to choose. L. Hassett said he also supported M. Davey. He said it was too much money to spend for a special election and that he could not justify spending it. He said the interview process does work. Having gone through the process himself, he did not see a downside. C. Britton pointed out an e-mail from ROMP. He said that the e-mail needed clarification—an Appointed Director needs to state "appointed incumbent". He added that the press and the Grand Jury do not prefer the appointment process when running for office. S. Schectman clarified that D. Little would have had to resign four months prior to tonight's meeting in order for his seat to be on the November election ballot. P. Ciesla said it is difficult to run against an incumbent and she said it was time to have an open election without an incumbent running, including an appointed incumbent. P. Siemens said he would rather be criticized for saving money than spending money on an expensive special election and said that he supported M. Davey. M. Davey asked about the process and how the public will find out about it. R. Jurgensen said that there would be a press release, and display ads in local newspapers (San Jose Mercury, Mt. View Voice, Los Altos Crier). M. Davey asked if it was okay for the Board members to suggest friends to apply and S. Schectman said that was okay, but that they need to be careful to follow the Brown Act. Josh Moore, president of ROMP, thanked the Board for their dedication, and said D. Little did a great job to serve the public and the District. He said there should be a democratic process and asked the Board to consider changing their by-laws to agree to term limits for the Board of Directors. He also said he would like to see special interest groups be involved in the selection process. He agreed that a special election would be a waste of money. P. Siemens asked if information about the vacancy and appointment process would be on the web-site and R. Jurgensen said it would be and that a special mailing to groups could also be done. N. Hanko said she remembered that when Meeting 06-20 Page 3 city councils have openings the District is notified directly and asked if staff would notify the city councils of Mountain View and Los Altos. Motion: The Board agreed to vote on each General Manager recommendation individually. GM Recommendation 1: M. Davey moved that the Board would fill the vacancy in Ward 4 by appointment. N. Hanko seconded the motion. The motion passed 6 to 0. Discussion: K. Nitz said that he remembered that there has been a good variety of candidates to choose from. L. Hassett asked S. Schectman about the "appointed incumbent" question and asked if the appointed person could run without using that title. S. Schectman said that they must follow the State Election Code regulations about what designation can or cannot be used and that she would need to research that issue if the Board asked her to. There was consensus from the Board to ask her to do the research. General Manager's Recommendation 2 was not applicable due to the vote on GM Recommendation 1. Motion: GM Recommendation 3(a): M. Davey moved that the Board approve the application form to be used. P. Siemens seconded the motion. The motion passed 6 to 0. Motion: GM Recommendation 3(b): M. Davey moved that the Board reaffirm the use of the general criteria for appointment to the Board of Directors, or modify them as you deem necessary. Discussion: P. Siemens asked if item #17 on the criteria sheet could be made clearer. There was discussion between the Board and Staff and the Board agreed to amend the criteria by re-wording #17 and deleting item#3. Amended Motion: P. Siemens moved that the Board use the general criteria for appointment to the Board of Directors as amended. N. Hanko seconded the amended motion. The amended motion passed 6 to 0. Motion: GM Recommendation 3(c): M. Davey moved that the Board reaffirm use of the procedures for interviews or modify them as deemed necessary. Meeting 06-20 Page 4 Discussion: P. Siemens said the document was unclear and inconsistent as to who would go on to a second interview. C. Britton said it has always been clear who is in the top. P. Siemens stated that the document should be re-worded. M. Davey said she could not recall this ever being an issue as there has always been a clear choice. After some discussion by staff and the Board, a consensus was reached as to an amendment to the interview procedure document. Amended Motion: K. Nitz seconded the motion made by P. Siemens to approve the document as amended. The motion passed 6 to 0. Motion: GM Recommendation 3(d): M. Davey moved that the Board establish a timeline for filling the vacancy, including setting a deadline for receipt of applications, and setting the dates for the first and second round of interviews, assuming the Board reaffirm the procedures for interviews. Discussion: L. Hassett said that he would not be able to attend the proposed meeting on October 2 nd and that his return on October 10 th would make his attendance that meeting tight. He suggested September 91h. C. Britton reviewed the dates and the reason for the spacing of the dates, adding that they had added a third date just in case. He told the Board that the 60 day time limit is up on October I Oth. M. Davey recommended eliminating the October 2"d meeting and add a meeting on October loth. J. Cyr said that the Board can have less time to review applications in order to give the candidates more time to submit their applications. They agreed that the deadline to th submit applications would be 5:00prn on September 18 Amended Motion: P. Siemens moved that the Board approve the amended motion changing the meeting dates and application submission deadline. K. Nitz seconded the amended motion. The amended motion passed 6 to 0. Prior to beginning the next Board Agenda item, K. Nitz said that Revised Claims numbers 5412R and 5413R showed the same dollar amount and asked if that was correct. S. Rice said that she would review those claims and report back what she found. B. Agenda Item No. 2 - Consider Adoption of a Proposed Amendment to the District's Rules of Procedure Concerning Reconsideration of Matters Previously Determined by the Board of Directors - (Report R-06-102) S. Schectman said that staff had found a conflict between Robert's Rules of Order and the Board's own Rules of Procedure and said that resolving the conflict as Meeting 06-20 Page 5 proposed in staff s report would be beneficial to both staff and the Board. She read and reviewed the proposed change on language. Motion: M. Davey moved that the Board adopt the proposed amendment to the District's Rules of Procedure concerning reconsideration of matters previously determined by the Board of Directors. P. Siemens seconded the motion. Discussion: K. Nitz asked when is the reconsideration voted upon and if the vote for reconsideration could happen any time. S. Schectman said this rule said the motion can be made any time if the Board member was on the prevailing voting side. The Board and S. Schectman discussed and clarified the recommendation. N. Hanko asked if a Board member misses a meeting if they could or could not ask for reconsideration. S. Schectman clarified that the Board member needed to be present and have voted on the prevailing side of the vote. Chuck Jeffreys, 278A Eulalie Dr., San Jose, CA asked the Board to listen to the tape for the motion for the former North property. He said discussion is needed, but nothing was present at the meeting to review'and that there is ambiguity. He added that District counsel did not object using Robert's Rules at the time of the initial discussion. Both C. Britton and K. Nitz asked Mr. Jeffreys to clarify what he was stating. Mr. Jeffreys said that Agenda items 2 and 3 are tied together. K. Nitz asked clarifying questions of Mr. Jeffreys. L. Hassett asked if the revised rule would be in place retroactively. S. Schectman recounted events that led up to this item being placed on the agenda. C. Britton added that staff has tried to accommodate both the public and P. Siemens' decision to request agendizing the former North property demolition. L. Hassett said that if agenda item 2 is a problem issue, he would vote no on it tonight but said he would ask for the item to come back before the Board. S. Schectman said that S. Rice suggested making the rule effective at a future date. M. Davey said that item 2 is for future Board activities and item 3 was brought back for discussion at this meeting and that she preferred to go ahead with that. Meeting 06-20 Page 6 M. Davey withdrew her motion, and P. Siemens withdrew his seconding the motion_ S Schectman said she would return to the Board with a revised and clearer rule on reconsideration at future meeting. Motion: P. Siemens moved to reagendize this Agenda item. N. Hanko seconded the motion. The motion passed 5 to 0 with K. Nitz abstaining from the vote. C. Agenda Item No. 3 - Proposed Reconsideration of the Previous Board Decision to Remove the Structures from the Former North Property in the Mt. Umunhum Area of Sierra Azul ©pen Space Preserve; Discuss and Decide to Reconsider Removal of the Structures (Report R-06-105) C. Britton reviewed the staff report and poi nted out that in the FYI's there were I two items including an e-mail from the CDF and staff s field activity report. He said it was staff s request that the Board not reconsider this item. M. Davey addressed her comments to P. Siemens. She reiterated that the Board had voted unanimously, 7 to 0, to remove the structures located on the former North property. She pointed out that the staff report given to the Board was thorough and that there was a thorough discussion. She said that there is nothing in the report that would change the vote. p g N. Hanko read out loud item#7 of the field activity report. She also read out loud the CDF e-mail supporting the Board's decision to demolish the structures, including the house. She agreed that there is a cause for concern with the fire potential in the area. M. Davey said that the Use and Management Committee had recommended the de-construction and that the process be photographed with the photos saved and archived. She said she would vote no to reconsider as this item had been thoroughly investigated. N. Hanko said she supported the information about the history of the property. She had received the report from M. Williams and Mrs. Stoltz. She agrees with M. Davey. She said that records be kept for historical purposes, if in the future there is some recognition of the property. Chuck Jeffreys said he had met with the Use and Management Committee and y g Mrs. Stoltz and he gave them lots of information about the property. He said there is nothing in the Stoltz report saying the building was not present in 1859. He said he feels there was information not included in her report and that names Meeting 06-20 Page 7 were not thoroughly researched. He said he has researched the property thoroughly. It is a post and beam structure. He asked why money can not be put into keeping the property and making it a Ranger residence. He asked the Board to reconsider the demolition of the property. Motion: M. Davey moved that the Board not to reconsider the previous Board decision to remove the structures from the former North property. L. Hassett seconded the motion. Discussion: J. Cyr asked staff if the plan was to deconstruct the buildings or to bulldoze. M. Williams said the plan is to demolish the structures, but first staff or the contractor will take black and white pictures, with boards removed from the windows, showing how the structures currently stand. L. Hassett said he was skeptical about the dollar figure of$135,000 to make the structure habitable. M. Williams said that was an early estimate and that repeat experience has taught that the costs would have been raised substantially once the work began. He said that estimate was over a year old. P. Siemens asked if the cost was more than building something new. M. Williams answered that the most cost effective means would be to put a modular structure on the land. C. Britton added that this area has not been planned as a Ranger residence. He said he guessed it would cost closer to $300,000 to have a sound structure that included potable water and a septic system. J. Cyr added that in his experience with District funded repairs was that the final expenses were much more than the initial estimates. N. Hanko asked Mr. Jeffreys to keep on with his research and to keep the Board informed and involved. She thanked him for his interest. Vote: The motion passed 5 to 1. K. Nitz voted against the motion. D. Agenda Item No. 4 - Adoption of Resolution of Intention to Approve an Amendment to the Contract Between the California Public Employees' Retirement System (PERS) and the Midpeninsula Regional Open Space District for a Change in the Retirement Formula from 2% at 55 to 2.5% at 55 - (Report R- 06-101) Motion: K. Nitz moved that the Board adopt Resolution No. 06-32 of Intention to Amend the California Public Employees' Retirement Meeting 06-20 Page 8 System contract increasing the District's retirement formula from 2% at 55 to 2.5% at 55. N. Hanko seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 - Adopt a Resolution Increasing the Employer's Contribution to Retiree Medical from $64.60 per Month to $300 per Month Under the Public Employees' Medical and Hospital Care Act (PEMHCA) - (Report R-06-108) Motion: N. Hanko moved that the Board adopt Resolution No. 06-33 increasing the employer's contribution to retiree medical from $64.40 per month to $300 per month under the Public Employees' Medical and Hospital Care Act (PEMHCA). M. Davey seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL / COMPENSABLE MEETING REPORTS P. Siemens said his only compensable meeting was this Board meeting. L. Hassett said this was his only compensable Board meeting. He said he had met with D. Little and Neat Kramer and was shown in the photograph in a PowerPoint staff presentation of work done at Russian Ridge Open Space Preserve. He said he would miss the next Board meeting scheduled for September 13. He had scheduled a meeting with Anna Eshoo on September 28 in Washington DC and said that S. Rice would join him at the meeting. He said he was now serving on the Jasper Ridge advisory committee, which meets every two to three months. The committee is a forum that brings many different folks together. He said he would be missing the next committee meeting and asked if C. Roessler and K. Lennington could attend in his place. N. Hanko said this was her only compensable Board meeting, but that she would be attending the Good Neighbor Policy Committee on August 24 to discuss the policy. She said she went to a meeting at Palo Alto City Council where Ira Ruskin gave information about the campaign financing measure. She gave a review of the discussion at the Council meeting. K. Nitz said that this Board meeting was his only compensable meeting. M. Davey said that this Board meeting was her only compensable meeting. J. Cyr said that this Board meeting was his only compensable meeting. He said he met a man who lives by a trail in Los Gatos who told him that he has had many experiences with state and county parks, but that his encounters with District staff have all been the most positive. C. Britton said he had met with D. Little on August I oth. He met with POST to discuss potential grant projects. On August 16 1h he met with Peninsula Working Group hosted by Supervisor Rich Gordon, The group was looking at lands north of Devil's Slide. They Meeting 06-20 Page 9 had received an e-mail about Old San Pedro Road and will research the area for a potential coastal trail. They will also look at a possibility of setting up a visitor center including all of the local agencies in the area, including the District. He had lunch with Dave Holland about the Ridge Trail north of Kings Mountain Road and now has an agreement for money towards the project. He said he spoke with Dave Vincent regarding connecting Mills Creek Open Space Preserve with an adjacent state park. He went to the Executive Committee of the Bay Area Open Space Council. He handed out the final audit of the District to the Board members. He said he was planning on bringing resolutions to the Board supporting upcoming measures on the November ballot. J. Maciel pointed out a report in the FYI's regarding Sudden Oak Death and reviewed the Resource Management activity report for July, pointing out that there has not been a challenge to the permit to remove trees at Pulgas Ridge Open Space Preserve, so staff can go forward in removing six trees. K. Nitz asked a question regarding the Sudden Oak Death study at El Corte de Madera Creek Open Space Preserve as to whether that was the only place of the study. C. Roessler replied that the only infection site chosen was at El Corte de Madera Creek OSP. She said the infection spread quickly - in two months. She reviewed the process that the consultant uses and said they will monitor the control trees and the inoculated trees. S. Rice said that the District has now received $22,000 from the State of California for reimbursement for state mandated costs of complying with the Brown Act. C. Britton asked P. Siemens to be part of a LAFco steering committee in Santa Clara County. P. Siemens said he would be interested. X. ADJOURNMENT The Regular meeting adjourned at 9:52pm. J. Cyr announced that the Board would reconvene the Closed Session to consider Closed Session Agenda Items I —3 after a brief break to sign documents. The Closed Session convened at 10:04 p.m. and concluded at I I-I I p.m. No reportable action was taken. Lisa Zadek Recording Secretary Meeting 06-20 Page 10