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HomeMy Public PortalAbout19850605 - Minutes - Board of Directors (BOD) Meeting 85-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS JUNE 5, 1985 MINUTES I . ROLL CALL Vice President Harry Turner called the meeting to order at 7 : 50 P.M. Members Present: Katherine Duffy, Nonette Hanko, Harry Turner, and Richard Bishop. Teena Henshaw arrived at 8 : 00 P.M. Members Absent: Daniel Wendin and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, James Boland, Stanley Norton, and Emma Johnson. II . APPROVAL OF MINUTES (May 21, 1985) Motion: K. Duffy moved the approval of the minutes of May 21, 1985. R. Bishop seconded the motion. Discussion: N. Hanko stated that although she was absent from the meeting, she would vote for approval if the other members of the Board were satisfied with their correctness . The motion passed 4 to 0. III . WRITTEN COMMUNICATIONS E. Johnson stated the Board had received communications from the following: 1) Mrs. Florence Clementson of Menlo Park regarding an addition to Russian Ridge Preserve; 2) Richard Bullis of La Honda regarding Quinta Ranch and District policies; 3) Carolyn Lekberg, Marion Blukis and Jerry Cooley of Midpeninsula Trails Council regarding a trail easement through the Brooks property; 4) Jim Warren, President of Kings Mountain Association regarding urgency resolutions for certain District activities and invitations to a June 20 Skyline area Community Meeting; 5) Bob Fisse of Woodside regarding land acquisition policies; 6) California Association of Park & Recreation Commissioners and Board Members regarding session application forms and questionnaires; 7) Michael Bena, Palo Alto, regarding a Brooks access to Fremont Older Open Space Preserve; and 8) Palo Alto City Manager' s office regarding Assembly Bill 2198 . H. Turner stated the Board' s consensus that no action would be required for the communications from Mrs. Clementson and the Association of Park and Recreation Commissioners, that the Trails Council ' s and Mr. Bena' s letters would be addressed later in the related agenda item and that Mr. Fisse' s letter would be referred to Committee . N. Hanko requested that staff place the consideration of the letter from Palo Alto on the agenda of the next regular meeting of the Board. She noted the Board ' s past decision to refer the question of Quinta Ranch to staff. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 85-14 Page two IV. ADOPTION OF AGENDA H. Turner said the agenda was adopted by Board consensus . V. ORAL COMMUNICATIONS Jim Warren asked for a response to the invitation to the June 20 Kings Mountain/Skyline Association Meeting. H. Turner stated that N. Hanko, H. Turner and R. Bishop will attend. J. Warren suggested two alternatives for the Bullis question if it comes back to the Board. He noted for the record that he does not want any pressure he has applied on the Board to be for his own personal profit. He also suggested that the future eminent domain policy be placed as an initiative on the ballot, making District regulations and policies perma- nent, subject only to revocation by the public . Sylvia Ferguson of Midpeninsula Trails Council distributed invitations to the staff and Board to the Council ' s barbeque on July 28 . Teena Henshaw arrived at 8 : 00 P.M. H. Turner continued to chair the meeting. VI . OLD BUSINESS WITH ACTION REQUESTED A. Initial Implementation of Administrative Study (M-85-91 dated May 29, 1985) H. Grench noted the office staff' s increased workload, especially that of the Administrative Assistant and Secretary to the General Manager. He said the new position of Administrative Services Manager in connection with a new receptionist position would help solve the overload at its highest position and that implementation of the study done by the District' s personnel consultant would be done in stages due to current staffing and office space limitation. Motion: R. Bishop moved that the Board approve the creation of the Administrative Services Manager classification and assign it a salary range of Step Number 215 to 245; approve the filling of the Administrative Services Manager position; approve the creation of the position of Office Manager/ Secretary to the General Manager, change the position from non-exempt status to exempt status , and assign the position a new salary range of Step Number 170 to 200; approve the filling of the Office Manager/Secretary to the General Manager position; adopt the revised 1984-1985 Salary Pay Plan that includes the positions of Administrative Services manager and Office Manager/Secretary to the General Manager; approve the interim increase of the Secretary, Public Communi- cations position from three-quarters time to full-time with the understanding that a minimum of three hours per day would be dedicated to receptionist duties and providing support to the office Manager/Secretary to the General Manager; and direct the General Manager to prepare new job specifications for the Administrative Services Manager and Office Manager/ Secretary to the General Manager positions by revising the existing job specifications for the Administrative Assistant and Secretary to the General Manager positions. T. Henshaw Meeting 85-14 Page three seconded the motion. The motion passed 5 to 0. B. Brooks Trail Addition to the Fremont Older Open Space Preserve Use and Management Plan (M-85-93 dated May 31 , 1985) D. Hansen said that staff had met with Mr. Brooks and reached a tentative agreement on the trail and riparian easements on the Brooks property. He said Santa Clara County staff has indicated a need to do a comprehensive study of the archery range and he expects to hear further from them. D. Hansen indicated on the wall map the location of three potential easements , noting that route #1 in the northerly area running along an existing trail is the most ideal and straightforward. Mr. Brooks stated his willingness to grant the easement, particularly the one cutting along the northerly border. He added that timing of an agreement is important to his operation since he cannot move his facility until the District allows access and the trail is built. In the interest of time, the Board agreed to approve an agreement in concept, allowing staff to negotiate specifics that would satisfy the agreed upon conceptual aspects. H. Grench said that once Mr. Brooks signed an agreement, work could begin and the trail could be opened to the Fremont Older Preserve. The risk, he said, is that the Board might not subsequently approve the easement, and the site would have to be closed again. Board members expressed willingness to take that risk. D. Hansen said the trail could be started as early as June 17 . Motion: R. Bishop moved that the Board authorize staff to prepare an agreement with Mr. Brooks embodying the concepts in the staff report, and start the trail work and open the site as soon as a written agreement is reached at the staff level with Mr. Brooks; that the Board tentatively adopt chanaes to the Fremont Older Open Space Preserve Use and Management Plan discussed in staff report M-85-93 ; that staff be direct- ed to return to the Board with revised wording; and that the Board appoint T. Henshaw as Board liaison to staff in the event questions arise that need immediate decisions. N. Hanko seconded the motion. Discussion: Discussion centered on the expediency of final adoption of the Use and Management Plan during the present meeting. K. Duffy noted that notification was made to the people on the Fremont Older Open Space Preserve notification list for the previous meeting as well as tonight' s . Since there was no further public input, K. Duffy suggested the motion be amended to approve, rather than tentatively approver the Use and Management Plan. Amended Motion: R. Bishop, as mover of the motion agreed to change the word "tentative" to "final" in his motion. N. Hanko, as seconder of the motion, agreed to the change. The motion as amended passed 5 to 0. Meeting 85-14 Page four C. Second Report of Committee to Study District Policies Regarding Use of Eminent Domain, Procedures Pursuant to Brown Act Amendments, Acquisition of Lands Outside District Boundaries, and Annexation (M-85-95 dated June 4 , 1985) N. Hanko said the Committee had met five times and had completed the charge from the Board. She added that the Committee would accept any further charges from the Board after its review of the alternatives at the June 12 workshop. H. Turner explained that no Board decisions will be made at the workshop. R. Bishop said the Committee suggests the Board accomplish as much as possible at the workshop, perhaps adopting certain policies in concept and directing the Committee to return with final wording. N. Hanko expressed her agreement . D. Tentative Adoption of the Proposed Revised Action Plan for the Implementation of the Basic Policy of the Midpeninsula ,Regional Open Space District for the 1985-86 Fiscal Year (R-85-27 dated May 30, 1985) H. Grench enumerated the changes to the Plan incorporated into the report. Motion: K. Duffy moved that the Board tentatively adopt the proposed revised Action Plan for the implementation of the Basic Policy for the 1985-86 fiscal year. T. Henshaw seconded the motion. Discussion: N. Hanko suggested that "and" be inserted between "exotic" and !invasive" in the sixth key project and activity of the Planning, Design and Development Subprogram. Board members concurred. She suggested a process of public partici- pation be exercised when the Sphere of Influence is included in the Master Plan update. H. Turner and R. Bishop concurred that it would be an appropriate consideration when the consultant is hired. N. Hanko requested that ideas be sent to her now regarding the Good Neighbor Policy. Further discussion centered on the effect on the Action Plan of the Board policies currently under discussion and to be discussed further at the June 12 workshop. H. Grench said the items subject to change due to new policies could be marked with an asterisk. R. Bishop added that the adoption of the Plan is tentative and subject to policy decision, that when the Plan is con- sidered for final adoption, items marked with an asterisk could be tentatively adopted. The Board concurred. The motion passed 5 to 0. VII . NEW BUSINESS WITH ACTION REQUESTED A. Proposed Amendment to General Manager Fvaluation Procedure and New Procedure Regarding Other Board--Appointed officers (M-85-92 dated May 22, 1985). N. Hanko said she was proposing changes to the procedures to comply with amendments to the Brown Act and that salaries and benefits of Board-appointed officers be listed separately in the budget. Meeting 85-14 Page five Motion: N. Hankc, moved that staff return to the Board with proposed language consistent with changes in the law for the General Manager Evaluation Procedure and that the Board apply the requirements to a new procedure for the Controller and Legal Counsel . H. Turner seconded the motion. Discussion: S. Norton reported that there had been newer amendments to the Brown Act and that he is trying to get information on what the exact effects are. He said he expects to return to the Board with alternatives used by other jurisdictions . R. Bishop recommended the issue be continued to a future meeting to consider the Legal Counsel ' s report on (1) options under the Brown Act as it now exists, with a possible policy decision by the Board and (2) infor- mation on how other cities are proceeding to conform with the Brown Act as it now exists. N. Hankc, said she would withdraw her motion in favor of requesting an expedited report from Legal Counsel. Further discussion ensued on the sequence of Board appointee evaluations. H. Turner stated the Board ' s concurrence to proceed with Board appointees' evaluations following pro- cedures used in the past, but refrain from discussion of salaries until Legal Counsel submits his report and returns from vacation at which time a decision could be made as to procedure for salary discussions. Motion: N. Hanko moved that each Board-appointed officer' s salary and benefits be listed separately in the budget. H. Turner seconded the motion. Discussion: T. Henshaw stated she would not vote for the motion as the action is unnecessary. The motion passed on the following vote: Ayes: K. Duffy, R. Bishop, H. Turner and N. Hanko. Noes: T. Henshaw. VIII . INFORMATIONAL REPORTS H. Grench reported the POST Committee involved in the Master Plan of Skyline Ridge Open Space Preserve will be considering its role in the next phase and asked if any Board members would be interested in attend- ing the meetings. H. Turner appointed T. Henshaw to be the Board repre- sentative, and R. Bishop asked to be advised of meetings in the event he is able to attend. K. Duffy also expressed an interest in attending. K. Duffy announced that Vince Garrod, who is the Board' s appointee to Peninsula Open Space Trust, was present in the audience. N. Hanko reported that three directors would meet with Portola Heights Homeowners Association and the South Skyline Association on Sunday, June 9 at 10 A.M. N. Hanko suggested that "and" be inserted between "exotic" and "invasive" in the sixth key project and activity of the Planning, Design and Development Subprogram. Board members concurred. Meeting 85-14 Page six IX. REVISED CLAIMS Motion: R. Bishop moved the approval of Revised Claims 85-11 of June 5, 1985. T. Henshaw seconded the motion. The motion passed 5 to 0. X. CLOSED SESSION S. Norton announced that the litigation matter to be discussed in Closed Session was the Aine case. The Board convened to Closed Session at 9: 40 P.M. XI . ADJOURNMENT The Board reconvened to adjourn at 11: 35 P.M. Emma Johnson Secretary