HomeMy Public PortalAbout20060913 - Minutes - Board of Directors (BOD) Meeting 06-21
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
September 13, 2006
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Jed Cyr called the Special Meeting to order at 7:04 p.m.
Members Present: Jed Cyr, Mary Davey, Pete Siemens, K. Nitz and N. Hanko
Members Absent: Larry Hassett
Staff Present: Sally Rice, Sue Schectman, Mike Williams
11. CLOSED SESSION
J. Cyr stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda item 1.
The Board recessed to Closed Session at 7:05 p.m. and the Closed Session commenced at
7:05 p.m. The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
111. J. Cyr called the Regular Meeting to order at 7:34p.m. J. Cyr stated that the Board
discussed Closed Session Agenda item I and that there were no reportable actions from
the Closed Session.
Additional Staff Present: D. Simmons, R. Jurgensen, K. Lennington, M. Sagues, A.
Ruiz
IV. ORAL COMMUNICATIONS
There were none.
Meeting 06-21 Page 1
V. INTRODUCTION OF NEW STAFF
S. Rice introduced Carolyn Butler, the District's newly hired Office Manager and Deputy
District Clerk. S. Rice gave background information and previous job experience about
C. Butler. The Board of Directors welcomed her to the District. C. Butler said she was
excited to be working at the District and was looking forward to working with S. Rice, C.
Britton, S. Schectman and D. Simmons along with the rest of the staff.
K. Lennington introduced Matt Baldzikowski as the newly hired Resource Planner I. K.
Lennington reviewed M. Baldzikowski's background experience highlighting his
resource management knowledge. The Board of Directors welcomed him to the District.
M. Baldzikowski said he looked forward to working on the projects.
VI. ADOPTION OF AGENDA
Motion: K. Nitz moved that the Board adopt the Agenda. P. Siemens seconded the
motion. The motion passed 5 to 0.
VII. ADOPTION OF CONSENT CALENDAR
N. Hanko asked to abstain from Revised Claims numbers #5435, #5436 and #5523.
K. Nitz had questions regarding Revised Claim number 45481 (Pulgas). K. Lennington
provided information necessary to answer the question (project is signed off).
K. Nitz questioned Revised Claim number#5488 (Database). S. Rice gave a short
explanation and update of the project. R. Jurgensen added that the Board had approved
this in the budget (updating District databases), and that they are almost ready for testing.
K. Nitz questioned Revised Claim number#5441 (Water Service at Windy Hill OSP). S.
Rice said that staff was not present to answer his question and that she would report back
to him.
Motion: K. Nitz moved that the Board adopt the Consent Calendar, including
approval of the July 26, 2006 Special and Regular Board Minutes and the
August 9, 2006 Special and Regular Board Minutes; Agenda Item 6
Adopting Resolution No. 06-39 supporting Proposition 84—the Clean
Water, Parks and Coastal Protection Act; and Revised Claims 06-17. P.
Siemens seconded the motion. The motion passed 5 to 0.
VIII. BOARD BUSINESS
J. Cyr requested that Board Agenda Item 7 be moved forward on the Agenda due to the
last minute addition of this item and that staff not planning to be at this meeting were
Meeting 06-21 Page 2
there to present the item to the Board of Directors. There was consensus to move this
item forward.
A. Agenda Item No. 7 —Authorization to Enter Into an Agreement with the National
Park Service to Study the Feasibility of Staging Areas and Trail Segments of the
Juan Bautista de Anza National Historic Trail (JUBA) Within and Adjacent to
Rancho San Antonio Open Space Preserve-, Determine, Pursuant to Government
Code §54954.2(b)Q, That There is a Need to Take Immediate Action to Enter
into a Cooperative Agreement as well as a Task Agreement with the National Park
Service and That the Need to Take Action Arose Subsequent to the Posting of the
Agenda for this Meeting, Authorize the General Manager to Sign Two
Agreements with the National Park Service that Would Allow the District to
Receive Grant Funding to Conduct a Feasibility Study for Staging Areas and Trail
Segments Within and Adjacent to Rancho San Antonio Open Space Preserve -
(Report R-06-118)
M. Sagues explained the reason for the addition of this agenda item after the
meeting notice was posted on Friday, September 8, 2006. He reviewed the staff
report and said there were two agreements that needed Board approval prior to the
Board's next Regular Meeting or the District would lose this grant funding. NPS
would not extend the deadline and had not informed staff of the deadline in time
to post it on the September 8t" agenda.
The Board asked for a pause to review the staff report and recommendations.
There was a 5 minute pause.
S. Schectman advised the Board that each General Manager recommendation
needed to be voted on separately.
K. Nitz asked why the National Park Service (NPS) was interested in District
land. M. Sagues said that they wanted a feasibility study to find out if there were
corridors where the trail could be located and that these corridors may run through
District property. He added that NPS was also looking at Arastradero Park and
Rancho San Antonio Park (run by Santa Clara County Parks and Recreation
Department).
M. Davey asked for clarification that what was being asked for was a study only.
M. Sagues said that was correct.
K. Nitz asked if the District would be responsible for the entire trail. A. Ruiz
answered saying that staff was only going to be concentrating on District-owned
property. M. Sagues pointed out the area to be studied on the wall map in the
Board room and identified the properties to be studied.
Meeting 06-21 Page 3
f
Motion: The Board agreed to vote on each General Manager
recommendations individually.
Y
GM Recommendation 1: M. Davey moved that the Board
determine, pursuant to Government Code §54954.2(b)(2), that
there is a need to take immediate action to enter into a Cooperative
Agreement as well as a Task Agreement with the National Park
Service and that the need to take action arose subsequent to the
posting of the Agenda for this meeting. N. Hanko seconded the
motion. The motion passed 5 to 0.
Motion: GM Recommendation 2: N. Hanko moved that the Board
authorize the General Manager to sign two agreements with the
National Park Service that would allow the District to receive grant
funding to conduct a feasibility study for staging areas and trail
segments within and adjacent to Rancho San Antonio Open Space
Preserve. K. Nitz seconded the motion. The motion passed 5 to 0.
J. Cyr thanked Planning staff in preparing the staff report in one day and remarked
that this item exemplified that certain projects "walk in the door" and cannot be
planned on when the District's annual Action Plan is prepared.
B. Agenda Item No. 1 —Adoption of a Resolution to Amend the Personnel Policy
and Procedures Manual Based Upon the Changes Made at the August 9, 2006
Board Meeting_- (Report R-06-114)
S. Rice reviewed the staff report. M. Davey said she appreciated receiving the
entire Policy. J. Cyr agreed and asked if the date on the cover page would be
updated. S. Rice said the date would be updated.
K. Nitz asked where in the document "at will" was defined. S. Schectman said
that there was not a specified definition of"at will" as it is standard language.
J. Cyr suggested that a definition for"at will" could be added to Section 1.6
"Definitions".
K. Nitz referenced page 30, second line asking if the phrase, "as soon as practical"
could be changed to an actual date. S. Rice said that would be done.
K. Nitz asked if the Policy included a provision to cover live-in partners. S. Rice
replied that couples either needed to be married or in an official domestic partner
relationship.
K. Nitz referenced page 36 and asked what amount of the expenses were paid by
the retiree and if that percentage was defined. S. Rice read the sentence and said
that the percentage relates to language earlier in the section referenced.
Meeting 06-21 Page 4
K. Nitz referenced page 39, Jury Duty, and asked how that worked, S. Rice
explained the procedure stating that it was a statutory regulation.
Motion: M. Davey moved that the Board adopt Resolution No. 06-35 to
amend the Personnel Policy and Procedures Manual. N. Hanko
seconded the motion.
Discussion: K. Nitz referenced page 39, Military Leave, asking if staff would
still be in PERS during the time they were away from the District
serving in the military. S. Rice said that the District would have to
go by both the Federal and State leave regulations, but to date this
has not occurred at the District with its staff.
J. Cyr said he was happy to have a five-year agreement and
suggested dating changes in the Policy document showing when
sections are changed and/or updated. S. Rice noted that changes
are kept in bold type.
Vote: The motion passed with a vote of 5 to 0.
C. Agenda Item No. 2 —Authorize an Increase in the Contract with Ram Building
Co. for Structural and Deck Repairs to the Former Hayes Residence at El Sereno
Open Space Preserve from $91,035 to a Total Authorization Not to Exceed
$99,000; Determine that the Recommended Action is Not a Project Under the
California Environmental Quality Act(CEQA) As Set Out in this Report—
(Report R-06-109)
M. Williams reviewed the staff report saying that additional dry-rot was located
on the deck of the former Hayes residence. The contractor notified staff as soon
as the dry-rot was located and staff went to the residence to review the project.
He said that repairs will be made to joists on the decks and that the project should
be completed by the end of September.
K. Nitz asked what caused the dry-rot. M. Williams said that weather, rain and
improper construction contributed to the situation. K. Nitz asked how the dry-rot
would be repaired and M. Williams said it would be cut out and replaced with
treated boards.
P. Siemens asked if the affected area included the deck the former residents
parked on. M. Williams said no dry-rot was found on that deck area. P. Siemens
said he had assumed the contractor was replacing all of the decks. M. Williams
explained in what areas the dry-rot was located and said that neither staff nor the
contractor could see the dry-rot until it was exposed by the repair work.
Meeting 06-21 Page 5
K. Nitz asked if there was any dry-rot damage inside the house and if the ceiling
was being fixed. M. Williams replied that some of the sheetrock may need to be
removed and replaced, but that there was no further dry-rot inside the residence.
Motion: M. Davey moved that the Board determine that the recommended
action is not a project under the California environmental Quality
Act (CEQA) and to authorize an increase in the contract amount
with Ram Building Co. for the structural repairs to the former
Hayes residence at El Sereno Open Space Preserve from $91,035
to an amount not to exceed $99,000. P. Siemens seconded the
motion. The motion passed 4 to 1. K. Nitz voted against the
motion.
D. Agenda Items 3, 4 and 5
As a member of the Ad Hoc board Appointee Evaluation Committee, J. Cyr gave
an overview of the three Board appointee employee reviews. He said the Board
was pleased with all three appointees and he reviewed their many
accomplishments achieved adding that this was a very busy and complicated year,
but staff kept projects moving forward.
(a) Agenda Item 3 —Approval of Salary Adjustment for the Controller and
Approval of Amendment to Controller's Employment Agreement; the Ad Hoc
Board Appointee Evaluation Committee Recommends a Salary Increase of 3
Points Per Annum Retroactive to April 1, 2006; Adopt the Resolution Approving
the Amendment to the Controller's Employment Agreement to Reflect an
Adjusted Salary of$17,551.04 Per Annum—(Report R-06-1 10)
Motion: N. Hanko moved that the Board approve the salary adjustment for
the Controller of 3 points per annum retroactive to April 1, 2006
and adopt Resolution No. 06-36 approving the Amendment to the
Controller's Employment Agreement to reflect an adjusted salary
of$17,551.04 per annum. K. Nitz seconded the motion. The
motion passed 5 to 0.
(b) Agenda Item 4—Approval of Salary Adjustment and Meritorious PgY Award
for District General Counsel and Approval of Amendment to District General
Counsel's Employment Agreement; the Ad Hoc Board Appointee Evaluation
Committee Recommends a 5% Meritorious Pay Award Based on the General
Counsel's Performance and a 3 Point Cost of Living SaIM Adjustment for Fiscal
Year 2006-2007, Retroactive to April 1, 2006; Adopt the Resolution Amendment,
the District General Counsel's Employment Agreement to Reflect an Adiusted
Salary of$150,581.60 and Approving a 5% Meritorious Pay Award Totaling
$7,310.06—(Report R-06-112)
Meeting 06-21 Page 6
Motion: M. Davey moved that the Board approve a Salary Adjustment and
Meritorious Pay Award for District General Counsel and Approve
the Amendment to District General Counsel's Employment
Agreement; a 5% meritorious pay award based on the General
Counsel's performance and a 3 point cost of living salary
adjustment for Fiscal Year 2006-2007, retroactive to April 1, 2006;
Adopt Resolution No. 06-37 as an Amendment the District General
Counsel's Employment Agreement to reflect an adjusted salary of
$150,581.60 and approving a 5% meritorious pay award totaling
$7,310.06. N. Hanko seconded the motion. The motion passed 5
to 0.
(c) Agenda Item 5—Approval of Salary Adjustment and Meritorious Pay Award
for the General Manager and Approval of Amendments to the General Manager's
Employment Agreement; As a Result of the Board's Evaluation of the General
Manager's Performance for the Period of March 10, 2005 through March 9, 2006
and Compensation Review for the Position, the Ad hoc Board Appointee
Evaluation Committee Recommends a 5% Meritorious Pay Award Based on the
General Manager's Performance and a 3 Point Cost of Living Salary Adjustment
for Fiscal Year 2006-2007 Retroactive to March 9, 2006; Adopt the Resolution
Amending the General Manager's Employment Agreement to Reflect an Adjusted
Salary of$163 090 72 and Approving a 5% Meritorious Pay Award Totaling
$7 899.87• Direct the Ad Hoc Committee to Review Information to be Gathered
by Human Resources on Additional Benefits Provided to Appointed Executive
Management Staff of Comparable Agencies and Make Subsequent
g p g q
Recommendations to the Full Board of Possible Additional Benefits for Board
Appointees so that the District Remains Competitive in this Area of the Labor
Market—(Report 06-113)
Motion: M. Davey moved that the Board approve a salary adjustment and
meritorious pay award for the General Manager and approve
amendments to the General Manager's Employment Agreement;
As a result of the Board's evaluation of the General Manager's
performance for the period of March 10, 2005 through March 9,
2006 and compensation review for the position, approve the Ad
Hoc Board Appointee Evaluation Committee's recommendation of
a 5% meritorious pay award based on the General Manager's
performance, and a 3 point cost of living salary adjustment for
Fiscal Year 2006-2007 retroactive to March 9, 2006; Adopt
Resolution No. 06-38 amending the General Manager's
Employment Agreement to reflect an adjusted salary of
$163,090.72 and approving a 5% meritorious pay award totaling
$7,899.87; and Direct the Ad Hoc Committee to review
information to be gathered by Human Resources on additional
benefits provided to appointed executive management staff of
Meeting U6 21_ Page 7
, g
i
comparable agencies and make subsequent recommendations to the
full Board of possible additional benefits for Board appointees, so
that the District remains competitive in this area of the labor
market. P. Siemens seconded the motion. The motion passed 5 to
0.
Discussion: J. Cyr said the Board is very appreciative of the work these key
staff have done.
IX. INFORMATIONAL /COMPENSABLE MEETING REPORTS
P. Siemens said his only compensable meeting was this evening's Board meeting. He
said he visited the county park in Monterey, CA.
N. Hanko's only compensable meeting was this evening's Board meeting. She said
received a call from D. Little who told her he moved to a farm house and he gave her as a
reference to his landlord. She visited Yosemite to celebrate her 75 1h birthday with her
family and enjoyed a rousing"Happy Birthday" sung to her by everyone in the dining
room.
K. Nitz said that this evening's meeting was his only compensable meeting. He said he
hiked on the Betsy Crowder Trail at Windy Hill Open Space Preserve and saw some trees
he thought showed signs of Sudden Oak Death and he called C. Roessler about it.
M. Davey's only compensable meeting was this evening's Board meeting. She said she
received a telephone call from Stanford asking about the Argentine Ants project
presented to the Board a few meetings back. She handed out information on "Yes on
Measure A" and said the measure has won both lawsuits. She noted that the Los Altos
Town Crier newspaper had an item stating that the District has bought 20 acres from
POST. R. Jurgensen said he would be in touch with the paper and ask them to correct the
error, but he added that it was a terrific article about the District.
P. Siemens's only compensable meeting was this evening's Board meeting. He asked R.
Jurgensen about a generic fax he saw that stated a lower District acreage amount. R.
Jurgensen said that the Ridge Trail, who sent the fax, was using old information and he
would make sure they had the current District acreage information for the materials they
produce. He said that he will be missing the next scheduled Board meeting on September
27, 2006.
J. Cyr's only compensable meeting was this evening's Board meeting. He said he did
some hiking in Santa Clara County parks. He also hiked at Purisima and said the fog was
at 1,500 feet. He said he noted that the trails are in very good shape, especially Soda
Gulch Trail. He said he will attend a session with Joe Simitian on September 21". He
said he received several calls from constituents telling him that they received the
District's newsletter only one day prior to an rsvp hike and that they were frustrated that
Meeting 06-21 Page 8
they did not receive the newsletter with more lead time. He asked if the delay was due to
the mailing house. R. Jurgensen said that could be the case and that he would talk with
the mailing house and ask for an adjustment to be made. K. Nitz suggested e-mail and
list-serve as alternatives to mailing the newsletter.
S. Rice handed out an invite for a Deer Hollow Farm event and asked the Board to
contact C. Butler with their reservation. She passed around an announced event by the
Woodside Open Space group to be held at the home of the Thompsons. She said M.
Williams would be attending as the District staff representative. She announced that the
staff recognition day event would be on September 20`h at Deer Hollow Farm; the
evening staff recognition event would take place on September 29th and that there was a
pirate theme; and that the Volunteer Recognition event was scheduled for September 30"'
in the late afternoon and would occur at Monte Bello Open Space Preserve. She
announced an invite from the office of Liz Kniss about the I't Annual Green Home Tour
occurring on October I".
S. Schectman said she attended the League of California Cities conference and said a
significant topic was Proposition 90, the Eminent Domain initiative. She gave a brief
overview of the proposition. She said that R. Jurgensen will be bringing a Resolution to
the Board about this issue.'
X. ADJOURNMENT
The Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space
District adjourned at 8:42pm.
Lisa Zadek
Recording Secretary
Meeting 06-21 Page 9
MINUTES/PROCESS WORKSHEET
INITIAL INTERVIEWS OF WARD 4 DIRECTOR, SEPTEMBER 25, 2006
I. ROLL CALL
• Meeting was called to order by President Jed Cyr at 7 p.m.
• Call Roll and check Me e present:
Pete Siemens Nonette Hanko L/
Mary Davey Larry Hassett
Jed Cyr Ken Nitz
• Staff Present: /1 Jdr ;// 0 n J- Lfc-
17
II. ADOPTION tO'F AGENDA
/. /0nel7e /ty/oahkO
• Director moved that the Board adopt the agenda. Seconded the
motion. The motion passed 6 to O .
III. BOARD BUSINESS; INITIAL INTERVIEWS OF APPLICANTS FOR
DIRECTOR OF WARD 4
• District Clerk S. Rice reviewed the procedures to be used for opening statements by
the candidates:
1. Order of appearance of applicants established in a random drawing of names.
2. Each candidate is allotted up to five minutes for opening statement and a minimum
of three minutes for clarifying questions by the Board.
3. Round-robin questioning by Board members of applicants for a maximum of 30
minutes. Random drawing for order of appearance for final statements.
4. Board recess for 10 minutes.
5. Each applicant will have two minutes maximum for a final statement.
6. Each Board member casts a signed ballot for up to six top choices for second
round interviews.
7. Clerk keeps ballots for later public inspection.
8. Voting tallied and announced by District Clerk.
9. The field will be narrowed for the second round to half of the original number of
applicants, but at most four, based upon the candidates receiving the most votes.
I
• A random drawing of names was conducted to determine order of opening statements.
The order of opening/V statements were: Announce order of statements
1) Tf I^ rnhcee_ ohnpk
✓) 6i// i, un, e r
l �) Curf
,/4) e In fe a��
-/5) z Lee y J v
e GG �� a
Keep time of opening statements (5 minutes) and Board clarifying questions (3 minutes)
• The Board conducted round-robin questioning of the applicants for minutes
(maximum 30 minutes) 00,� 473S
• A random drawing of names was conducted to determine order of final statements.
1�) The order of final statements were: Announce order of statements
✓ // �j
2) J-OJllva / / UO e
✓3) Zvc �, laJ0
✓4) �O %�/ fo nl c.-Y
fho L.-fa /i � (�
6 �e rrAnc- ahna
Distribute ballots to Board and collect/announce votes.
I
• The results of the voting to select the final candidates were as follows:
Ballot#1 Ballot#2 (if needed) Ballot#3 (if needed)
Candidate # votes Candidate # votes Candidate # votes
Jerome Galli / Jerome Galli Jerome Galli
Terrance Hanna Terrance Hanna Terrance Hanna
Lucy Hsu �_ Lucy Hsu Lucy Hsu
William James L 6 William James William James
Joshua Moore �f/r Joshua Moore Joshua Moore
Curt Riffle L 6 Curt Riffle Curt Riffle
Jeff Segall ff/ 6 Jeff Segall Jeff Segall
Patricia Showalter 6 Patricia Showalter Patricia Showalter
• Director moved that the�top finalists participate in the
second round of interviews. Director A/'/ Z seconded the motion. The motion
passed to O
• Final Board and/or staff comments, if any:
IV. ADJOURNMENT
• The Special Meeting adjourned at
Minutes taken bvNz"
istrict
Date