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HomeMy Public PortalAbout20091216 - Minutes - Board of Directors (BOD) Midpeninsula Regional Open Space District Meeting 09-32 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECEMBER 16,2009 MINUTES I. ROLL CALL - President Nonette Hanko called the Study Session part of the Special Meeting to order at 6:10 p.m., and asked for the Roll Call Members Present: Pete Siemens, Nonette Hanko, Curt Riffle, Larry Hassett, Jed Cyr, Mary Davey and Cecily Harris Members Absent: None Staff Present: M. Williams, D. Sanguinetti, R. Jurgensen, A. Ruiz, B. Congdon, S. Abbors, S. Schectman, T. Walz, A. Duong II. BOARD STUDY SESSION Board Study Session to review the Rules of Procedure including Guidelines for Board-Staff Working Relationships, Board Meeting Procedures, and District Rules of Procedure. The Guidelines for Board-Staff Working Relationships was read out loud and discussed. S. Abbors; said that the proposed revisions would be brought to the Board in January. Motion: Director Cyr moved to continue the study session following the regular meeting. Director Davey seconded the motion. The motion passed 7 to 0. 111. ORAL COMMUNICATION—There was none. IV. ADOPTION OF AGENDA President Hanko called the Special Meeting to order at 7:05prn and asked for the adoption of the agenda. Motion: Director Riffle moved adoption of the Agenda. Director Siemens seconded the motion. The motion passed 7 to 0. Meeting 09-32 Page 2 V. ADOPTION OF CONSENT CALENDAR Director Cyr commented on the November 12, 2009 Minutes, page 5, 4th paragraph, comment by Mr. Binder in La Honda, to correct his comment to state: "he hopes there would be trails bikers could use instead of riding on the road." Page 8, Real Property Committee, change to short distance". President Hanko commented on the November 12, 2009 Minutes, page 3, 5 1h paragraph, change to "San Francisco garter snake". Motion: Director Cyr moved adoption of the Consent Calendar to approve the corrected November 12, 2009 Board Minutes; and the Revised Claims 09-21. Director Harris seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item 4—Approval of Amendments to the District's Personnel Policies and Procedures Manual Regarding Section 5.6 - Compensatory Time Off-, Section 5.7 - Longevity Pay Program; and Section 7.3 Administrative Leave— Salaried Employees (Report R-09-125) S. Abbors asked to pull the discussion about Section 5.6 regarding Compensatory Time Off and stated that staff will bring this item back to the Board at a later date due to the complexity of the subject matter. S. Abbors discussed the Longevity Pay Program and explained that the purpose is to extend the program to part-time employees who have worked at the District for 10 years or longer. There is no fiscal impact at this time. S. Abbors reviewed Administrative Leave time and what the proposed change to this section will be. He stated how the staff would be notified of their leave time each year. President Hanko said she liked this change to this section. Motion: Director Davey moved approval to amend the District's Personnel Policies and Procedures Manual regarding Section 5.7 - Longevity Pay Program, and Section 7.3 Administrative Leave— Salaried Employees. Director Hassett seconded the motion. The motion passed 7 to 0. [Section 5.6—Compensatory Time Off was pulled from discussion and not included in the motion nor the vote.] B. Agenda Item 5—Consideration of Amendments to the District's Policy for Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing of Services and Sppplies—(Report R-09-118) S. Schectman reviewed the staff report. She said the report clarified the policy in accordance with state law. She said that on Page 2 of the Policy, under"C.L", a new sentence should be added following"$15,000" to state: "When acting as the General Manager in his or her absence, the Assistant General Manager and Department Managers may be delegated the General Manager's authority of$25,000." Meeting 09-32 Page 3 Director Siemens commented on page 3 regarding solicitation of bids and corrected a typographical error. He asked if the $1,000 should be increased (Section C). He said if an individual item is $1,000, then there should be bids, but if there are multiple items that add up to $1,000 there should be a way to allow the purchase of those items without having to obtain multiple quotes. B. Congdon explained the accounting reasons and how the process is monitored. Director Siemens said that the policy should be clarified and also suggested increasing the $1,000 limit to reflect inflation and rising costs since the policy's original adoption. S. Schectman referred to "Purchasing Authority"to clarify the policy. S. Abbors said that he would discuss this with Management Team. Director Hassett said he supports Director Siemens idea. S. Schectman suggested that if the Board approved the item tonight, it would accomplish one goal of this item and would direct staff to review the purchasing authority portion of the policy to be brought back to the Board. Motion: Director Cyr moved approval to adopt amendments to the District's Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy. Director Hassett seconded the motion. Discussion: S. Abbors said that the Policy would be brought back to the Board by the second meeting in January, 2010. Vote: The motion passed 7 to 0. C. Agenda Item 6—Approve the Purchase of the Mendez Property as an Addition to the Mt. Umunhum Area of Sierra AzuI Open Space Preserve, Located Along Mt. Umunhum-Loma Prieta Road (Santa Clara County Assessor's Parcel Number 562-20- 02 1); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—(Report R- 09-124) M. Williams presented the staff report and showed photos and map location of the Mendez property. He reviewed the terms and conditions for the purchase of the property. Director Cyr asked when the property would become available for purchase and M. Williams said it came on the market within the last three months. Director Siemens asked if the District got a bargain and M. Williams said that the sales comparables supported the purchase price. Motion: Director Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; adopt Resolution No. 09-35 authorizing the purchase of the Mendez property; and adopt the Preliminary Use and Management Plan contained in the report, including naming the property as an addition to the Mt. Umunhurn area of Sierra Azul Open Space Preserve. Director Siemens seconded the motion. Meeting 09-32 Page 4 Discussion: Director Harris referred to the Terms and Conditions and the Resolution language and asked for clarification for how property is being purchased. M. Williams explained the reasons for the language. S. Schectman added that the IRS requires the language in the resolution. Vote: The motion passed 7 to 0. D. Agenda Item 7—Approval the Purchase of the Maas Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, Located Along Cathermole Road (Santa Clara Clounty Assessor's Parcel Number 562-03-006); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption i Accordance with the California Environmental Quality Act—(Report R-09-126) President Hanko asked if the property is outside of the District's boundary. M. Williams said it is,but the property is within the District's sphere of influence as adopted by Santa Clara County. M. Williams reviewed the staff report and showed maps and photos of the property. He said there is a large home, built as a duplex, but it has been used as a single owner residence. He reviewed the reasons for the purchase of the property and how it serves as a connection to Wrights Station Road. He reviewed the terms and conditions and said it is an "as is"purchase with clean-up conditions. There are plans to have a tenant rent the property as a single-family residence. Director Hassett asked if the residence is currently occupied. M. Williams said that the property has not been occupied for several months. Director Hassett asked if the bridge will be the District's responsibility. M. Williams said that it could be a shared responsibility with the water district. Director Siemens asked about the utilities at the house. M. Williams said the home is solar powered and also uses propane and has a telephone line. Motion: Director Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; adopt Resolution No. 09-36 authorizing the purchase of the Maas property; and adopt the Preliminary Use and Management Plan contained in the report, including naming the property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve. Director Hassett seconded the motion. The motion passed 7 to 0. E. Agenda Item 8—Annual Meeting of and Report to Shareholders of Guadalupe Land Co. as Owners of Property Adjacent to the Mt. Umunhurn Area of Sierra Azul Open Space Preserve(Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12- 00 1 and 575-12-013)—(Report R-09-117) M. Williams said that this is an annual report presented in December. He showed a map of the property. He reviewed recent purchases in the area. He reviewed the actions Meeting 09-32 Page 5 required, and reviewed the Chief Financial Officer's Shareholders Report. He said the expenses in 2010 are expected to be the same as 2009. Director Harris asked if the Guadalupe Land Company will be dissolving. M. Williams said dissolution is staff s goal but it will likely take about two years. Motion: Director Davey moved to accept the Annual Report and the Chief Financial Officer's Report to Shareholders of the Guadalupe Land Company; and appoint the Directors of the Guadalupe Land Company as set out in the report. Director Cyr seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS COMMITTEE REPORTS Cooley Landing Ad Hoc Committee—Director Harris said that the committee met on December 7 and staff gave a thorough report on the process being taken in reviewing designs for the project and accepting public comment. They looked at a consultant's design. A. Ruiz asked if any Board members would like a tour of the site. Board members confirmed which of them desired a tour. President Hanko said the meeting was very interesting. Director Riffle asked for clarification about the Board mid-term evaluation meeting in early January and asked if the full Board would attend. He said the meeting would be on January 7, 2010. President Hanko said she would not be able to attend. Director Riffle asked if the meeting should be rescheduled. He said his intent is to allow the Board to have an opportunity to provide input. January 20 was suggested as an alternative date, and it was agreed to be rescheduled to that date. STAFF REPORTS R. Jurgensen said Palo Alto Daily Post was surveying agencies about Board and City Council compensation. A writer from San Jose Mercury will be doing a story on Sudden Oak Death. He gave an update for the Mt. Umunhurn project and said that $3.2 million dollars has been allocated toward the project. S. Abbors thanked all staff for their efforts in this project. D. Sanguinetti reported on a meeting he had with a neighbor who lives near the Moora trail and asked if it was possible to move the trail due to noise. He said they agreed to post signs advising the public to be considerate in keeping the noise level low. A. Ruiz pointed out a memo in the late FYls from S. Abbors to the Board from the Town of Woodside regarding an award they gave to the District. B. Congdon said that staff is working on the Action Plan and Budget for next fiscal year. She said there is a three-way competition to fill the Second Harvest Food Drive bins. M. Williams gave an update on his meeting with the City of East Palo Alto regarding moving forward on Cooley Landing. He said the City seemed agreeable to open the parking lot in the mornings during the weekdays, which will be helpful to field staff. Meeting 09-32 Page 6 S. Abbors introduced Theresa Walz. He said the Managers had a two-day retreat the previous week. A. Spiedel moved to part-time consulting work. He thanked her for her work. He said G. Baillie will be in charge of the Action Plan this upcoming year, and E. Cuzick will be working on the budget, and they will be working together as a team. S. Sommer will oversee the Strategic Plan and working with the Strategic Working Group. He said he met with Vicky Amon-Riga of Animal Assistance Happiness. They are a group looking for a facility and he said he suggested several ideas of places to look. He said labor negotiations will begin with field staff this next year. They will hire a trainer to work with both management and field staff groups on an approach to successful labor negotiations. He spoke with Charles McNiesh, General Manager of Scott's Valley Water District regarding SB21 1. DIRECTOR REPORTS Directors Riffle and Harris turned in their compensable meeting reports. Director Siemens attended the quarterly meeting of Santa Clara County Special Districts Association. He gave some brief information from that meeting. He turned in his compensable meeting report. He complimented the clarity of the claims reports. Director Davey said she attended the District holiday party; it was a great holiday event. She said it is valuable to have staff on the strategic plan working group. She turned in her compensable meeting report. Director Cyr turned in his compensable meeting report. He said he also attended the staff holiday party. On December 10, he attended the Bay Area Ridge Trail council meeting in San Francisco. On December 4, he hiked at Monte Bello. He attended the South Skyline meeting at Director Hassett's home. Director Hassett turned in his compensable meeting report. He attended the staff holiday party. He said South Skyline holiday party was attended by Director Cyr and President Hanko. He said he is looking forward to the reshaping of the Board table in the future. President Hanko turned in her compensable meeting report. She suggested delaying the study session. She said she has enjoyed being President of the Board this past year. She said she will miss the first meeting in January. X. ADJOURNMENT Motion: Director Hassett moved to table the Board Study Session and bring it back at a later date. Director Cyr seconded the motion. The motion passed 7 to 0. President Hanko adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:50 p.m. Lisa Zadek, Recording Secretary