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HomeMy Public PortalAbout19851009 - Minutes - Board of Directors (BOD) Meeting 85-28 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1, LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS OCTOBER 9 , 1985 MINUTES I. ROLL CALL President Teena Henshaw called the meeting to order at 7 :35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop arrived at 7 :40 P.M. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Mary Hale , Stanley Norton, and Emma Johnson. II . APPROVAL OF MINUTES September 25 , 1985or_ Motion : K. Duffy moved approval of the minutes of September 25 , 1985. E. Shelley seconded the motion. Discussion: N. Hanko noted that the date on page 7 in the last paragraph of the Eminent Domain Questionnaire section should have been October 2 rather than October 4 . E. Shelley and K. Duffy accepted the correction as part of their motion. The motion to approve the minutes as corrected passed 6 to 0 . October 2 , 1985 Motion: K. Duffy moved approval of the minutes of October 2 , 1985 . E. Shelley seconded the motion. The motion passed 6 to 0. III. WRITTEN COMMUNICATIONS E. Johnson stated the Board had received the following written communi- cations : 1) a letter dated September 29 from Anne and Gordon Dunham, neighbors of El Sereno Open Space Preserve regarding road maintenance and possible parking lot at the Preserve, and 2) a letter dated October 7 from Portola Park Heights Property Owners ' Association regarding the new trails , insurance, lock on the School Road, and speed limit signs . D. Hansen stated he would send a reply to the Dunham letter regarding the Daley property addition, with a copy to the Board. T. Henshaw stated the Board would respond to a portion of the letter from Portola Park Heights Property Owners ' Association during the meeting. D. Hansen said Legal Counsel will be consulted on the Association' s request regarding the lock and School Road access and that staff will return to the Board with a response . IV. ADOPTION OF AGENDA T. Henshaw stated that the agenda was adopted by Board consensus. 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 85-28 Page 2 V. ORAL COMMUNICATION Claude "Tony" Look introduced the new Executive Director of Sempervirens Fund, Verlyn Clausen. Mr. Clausen stated he looks forward to working with the District. VI. OLD BUSINESS WITH ACTION REQUESTED A. Responses to Letters of Gughemetti and Stone (Memorandum M-85-153 dated October 2 , 1985) S. Norton stated that his proposed responses were consistent with the legal status of Long Ridge Road. Motion: R. Bishop moved that the Board approve the letters and authorize them to be mailed. N. Hanko seconded the motion. The motion passed 7 to 0. B. Final Adoption of the Interim Use and Management Plan for the Closs Property Addition to the Rancho San Antonio Open Space Preserve (Memo- randum M-85-149 dated October 1 , 1985) D. Hansen stated that no additional comments had been received on the use and management of the 2. 25 acre property. Motion: H. Turner moved that the Board adopt the Interim Use and Management Plan as contained in report R-85-43, name the 2 .25 acre parcel as an addition to Rancho San Antonio Open Space Preserve , and dedicate the property as public open space. R. Bishop seconded the motion. The motion passed 7 to 0. C. Final Adoption of the Interim Use and Management Plan for the Daley Property Addition to the El Sereno Open Space Preserve (Memorandum M-85-150 dated October 1 , 1985) D. Hansen stated that no comments had been received on the use and management of the 1 .22 acre property other than the communication reported earlier. Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan contained in report R-85-45 , name the property as an addition to the El Sereno Open Space Pre- serve, and withhold the property from dedication. E. Shelley seconded the motion . The motion passed 7 to 0 . D. Long Term Office Space Status and Request to Enter Into Negotiations for Short Term Office Space (Memorandum M-85-152 dated October 2 , 1985) H. Grench said the District 's present lease has been extended through the end of the year. He said the Mountain View Fire Department is evaluating the Bailey Avenue site , so the City cannot make long term decisions for that site until the Department makes its decision. Referring to short term office space , he said the Office Space Committee had a publicly noticed meeting and toured four sites , with the Old Mill Office Center and the Los Altos Office Center receiving the highest recommendations by the Committee and staff. C. Britton noted that lease-purchase referred to in the staff report should be lease-option. Discussion centered on parking availability, lighting of the area, and space available for meetings. In answer to a question from N. Hanko, H. Grench said that the size of the Board meeting room was Meeting 85-28 Page 3 an important policy question for the Board, and that the plans thus far were for a room seating 70 to 75 people. In the ensuing dis- cussion, it was generally agreed that a Board room of that size would be adequate. Motion: H. Turner moved that the Board authorize staff to enter into lease or lease-option negotiations for short-term office space with agents for the Old Mill Office Center and Los Altos Office Center and return to the Board with an appropriate agreement for consideration at the earliest possible date , that the Board authorize staff to continue to pursue longer term office space locations including but not limited to the City of Mountain View Bailey Avenue site, and that the Office Space Committee serve as an over- sight committee with staff during negotiations. D. Wendin seconded the motion. The motion passed 7 to 0 . D. Wendin requested that the minutes show that no members of the public attended the publicly noticed Office Space Committee meeting on September 25 . VII . NEW BUSINESS WITH ACTION REQUESTED A. Possible Changes in District 's Rules of Procedure (Memorandum M-85-147 dated September 25, 1985) The Board reviewed and discussed each section of the Rules of Procedure that was being considered for change. Section 1 . 10 Regular Meetings : The Board discussed scheduling a third meeting a month and whether the Rules of Procedure need to be amended to achieve that result. Motion: H. Turner moved that the Board tentatively, on an interim basis , revise the Rules of Procedure to allow for a meeting of the Board on the third Wednesday of the month for con- tinued meetings . D. Wendin seconded the motion. Discussion: The Board discussed whether the Rules of Procedure need to be amended to achieve that result and the impacts , if any, that other proposed changes would have on the need for a third meeting each month. Motion to Table : D. Wendin moved that the Board table the motion until other possible changes were discussed. E. Shelley seconded the motion. The motion passed 7 to 0 . T. Henshaw stated the Board would consider the last sentence in the comments section for Section 1.10 regarding use and management reviews later in the meeting. Section 1 .14 Meetings to be Public : T. Henshaw stated the Board' s consensus that its Legal Counsel would advise them on Closed Session items . Section 1 . 22 Board of Directors ; Election of Officers : T. Henshaw stated the Board' s consensus that the selection of Treasurer should precede the selection of Secretary. Section 1.24 Duties of the Presiding Officer : T. Henshaw stated the Board's consensus that the duty of the President to sign financial instruments should be included in the Section. Neeting 85-28 Page 4 Section 1.27 Treasurer: T. Henshaw stated the Board' s consensus that a new section should be included to list the duties of the Treasurer. Section 1. 28 Board Secretary: T. Henshaw stated the Board' s con- sensus that the possible appointment of a Secretary Pro Tempore should be included in this Section. The Board did not support the idea of having a duty of the Secretary be arranging the Pledge of Allegiance special presentation. Section 1 . 30 Agenda : Discussion centered on length of written communications , when they are received, reproducing them, considera- tion of written communications received on Board meeting nights , and whether the Rules of Procedure need to be amended to address the potential problem of last-minute written communications . Motion : N. Hanko moved that the Board support the addition of a new paragraph stating that Written Communications must be received before 3 :00 P .M. on the day of a meeting to be reproduced for the meeting. R. Bishop seconded the motion. Discussion : D. Wendin suggested adding "Communications on agenda items submitted after 3 P.M. must be submitted with copies supplied by the author. " He further recommended that the Board ask staff to draft language concerning this item, including number of copies, deadlines , etc. , making a distinction between communications referring to agenda items and those that do not, and present to the Board for consideration. T. Henshaw stated the Board's concurrence with his recommended addition. N. Hanko brought up the suggestion that agendas mailed to people on Skyline be mailed earlier so they receive them in a timely manner. After discussion, T. Henshaw stated the Board' s consensus that earlier mailing of the general packet is not supported by the Board, but requested staff look into ways notification could be made earlier on use and management plans . There was no vote on the motion. Section 1 . 32 Subscription to Meeting Materials : T. Henshaw stated the Board 's consensus that Board members-elect be added to the list of persons receiving free meeting packets . Staff was asked to determine if the Boards of Supervisors of San Mateo and Santa Clara Counties would like to receive District meeting packets. Section 1.40 Order of Business : T. Henshaw stated the Board ' s con- sensus that the Pledge of Allegiance, when recited, follow Roll Call and that the following order of business would be followed on an experimental basis before changing the Rules of Procedure: Roll Call , Pledge of Allegiance , Approval of Minutes , Special Orders of the Day, Written Communications , Unfinished Business , Oral Communi- cations , Adoption of Agenda, Public Hearings, Board Business , Infor- mational Reports , Claims , Closed Session, and Adjournment. The Board discussed the duration of Oral Communications , suggesting various limitations to keep it manageable . Meeting 85-28 Page 5 Motion : D. Wendin moved that the Board direct staff to amend Section 1.45 of the Rules of Procedure , changing the time limit to three minutes , and adding the provision that after 20 minutes of Oral Communication the President, with the approval of the Board, may delay further Oral Communications to later in the meeting. R. Bishop seconded the motion. Motion to Amend: H. Turner moved to amend the motion to include limiting each speaker to one time on a single subject during Oral Communications . H. Turner subsequently withdrew his motion to amend. D. Wendin and R. Bishop agreed to change their motion to a 15 minute limit rather than 20 . D. Wendin recommended that the forms provided for those who wish to address the Board and the information at the bottom of the agenda say the same thing and be complete , reflecting the Rules of Procedure. K. Duffy requested that a sentence be added on the form that "The Board appreciates the public putting their comments into Written Communication form. " The Board concurred with her statement. There was no vote on the motion. Section 1 .43 Written Communications : T. Henshaw stated the Board 's consensus with changing the portion of this section enabling an emergency item to be added to the agenda: "Any member of the Board may request that such written communications be placed on the agenda as an emergency item in accordance with Section 1. 30 for considera- tion by the Board. The Board shall determine that a Written Communication shall be placed on the agenda in accordance with the procedures of Section 1. 30 , considered in connection with an item already on the agenda, and/or referred to a committee , a Director or staff for simple acknowledgement, response or draft response. " T . Henshaw stated the Board ' s agreement that staff would propose disposition/responses to written communications which would be carried out unless the Board decided upon another disposition, to limit to three minutes the written communications that are read into the record, and that Section 1. 43 of the Rules of Proce- dure reflect the limitation. The Board requested that staff draft a new paragraph stating that a written communication addressed to an individual Director but not delivered to the District office be considered a written communication or informational item to the Board at the discretion of the Director. The Board agreed that authority should be given to the General Manager to distribute part of an extra long communi- cation with a memo noting that the entire communication is avail- able at the office, but that Board members would receive either a full copy or have an opportunity to review and request copies if desired. Board members ' advice could be given at agenda meetings . Section 1 . 60 Minutes: Motion : D. Wendin moved to continue with sense minutes in their present form. N . Hanko seconded the motion. The motion passed 5 to 2 . T . Henshaw and H . Turner voted against the motion. H. Turner favored action minutes and T. Henshaw had stated she preferred more lengthy minutes the first time an item was discussed. Meeting 85-28 Page 6 The Board agreed that a clarification should be put into the Rules of Procedure as to what constitutes the official minutes of a meeting. Section 1 . 80 Committees of the Board : T. Henshaw stated the Board' s consensus to add Section 1 . 81 "Board Appointments" to ratify appoint- ment of Board member (s) to non-District committees by a majority vote of the Board. Section 1 .95 Communications from Individual Directors : T. Henshaw stated the Board 's consensus to add a new section as contained in staff memorandum M-85-147 . Section 2 .00 Tape Recording: Motion : D. Wendin moved that staff be directed to prepare language to retain tapes only until minutes are approved and then be erased, and that tapes not be considered as formal records. R. Bishop seconded the motion. Motion to Amend: E. Shelley moved to amend the motion to retain tapes as informational records for a period of six weeks after approval of minutes. H. Turner seconded the motion. The motion passed 6 to 1 with D. Wendin voting against the motion because of the six week time frame. The main motion passed 7 to 0 . Section 2 . 30 Compensation of Directors and Payment of Expenses : The Board requested that staff return with a summary of current State law and SB 360 . The Board concurred that the Rules of Pro- cedure should reflect effective January 1 , 1986, that a meeting entirely in Closed Session is considered a meeting for compensa- tion purposes but that Board members shall still not be compensated for more than two meetings a month. Section 1 . 10 Regular Meetings (continued) : Motion: N. Hanko moved to remove consideration of Section 1. 10 from the table. R. Bishop seconded the motion. The motion passed 7 to 0. H. Turner withdrew his motion to revise the Rules of Procedure per- taining to a third meeting per month. T. Henshaw stated the Board ' s agreement that the subject of less detailed Use and Management Plans and conduct of meetings be dis- cussed at a future time . VIII . INFORMATIONAL REPORTS J. Fiddes reported that the new Long Ridge trail had been finished and that signing will be installed next week. H. Grench reported that reseeding of the Lexington fire burn areas had been partially completed and that staff will report to the Board on the status of District lands that were burned . R. Bishop stated he had tallied the Eminent Domain Questionnaires and reviewed his findings . He requested that staff re-type the question- naires and responses and distribute to members of the Committee and certain staff. E . Shelley suggested the responses be public record. D. Wendin requested that directions to the Committee be placed on the next agenda. The Board agreed that staff should type in responses and distribute the questionnaire for the next Board agenda when specific directions will be given to the Committee . Meeting 85-28 Page 7 T. Henshaw reported that she and E. Shelley attended the annual Deer Hollow Farm recognition dinner. Ix. CLAIMS Motion: H . Turner moved approval of Revised Claims 85-21 . K. Duffy seconded the motion. The motion passed 7 to 0. X. ADJOURNMENT There was no Closed Session and the meeting was adjourned at 10 :55 P.M. E. Johnson Secretary CORRECTIONS TO THE MINUTES OF II . APPROVAL OF MINUTES A) September 18 , 1985 N. Hanko stated that on page 3 , paragraph 2 of conclusion, Nita Spangler 's name had been misspelled. Motion: D. Wendin moved the approval of the minutes, as corrected, of the Special Meeting of September 18 , 1985 . K. Duffy seconded the motion. The motion was passed 4 to 0 . B) October 9 , 1985 D. Wendin questioned the statement on page 5 , paragraph 2 , that there was no vote on the motion and subsequently requested the statement be amended to read: "There was no vote on the motion, but there was consensus on the motion. " Motion: D. Wendin moved approval of the corrected minutes of the Regular Meeting of October 9 , 1985. T. Henshaw seconded the motion. The motion passed 4 to 0 .