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HomeMy Public PortalAbout19860108 - Minutes - Board of Directors (BOD) Meeting 86-01 AA, Ah=&VE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS JANUARY 8 , 1986 MINUTES I. ROLL CALL President Teena Henshaw called the meeting to order at 7 : 37 P.M. Members Present: Katherine Duffy, Daniel Wendin , Teena Henshaw, Edward Shelley, Harry Turner, and Richard Bishop. Members Absent: Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen , Jean Fiddes, Mary Hale, Stanley Norton, Michael Foster, James Boland, Del Woods, and Cecilia Cyrier. II . PLEDGE OF ALLEGIANCE President Henshaw led the Pledge of Allegiance to the Flag. T. Henshaw requested the recitation of the Pledge of Allegiance be placed on a future agenda for discussion of possibly reciting the Pledge only once a year or at the first meeting in February, when it would be easier to contact a Scout troop to lead the Pledge, rather than the first meeting in January. III . APPROVAL OF MINUTES A) December 11 , 1985 Motion: E. Shelley moved the approval of the minutes of December 11, 1985. K. Duffy seconded the motion. The motion passed 6 to 0. B) December 18 , 1985 Motion: E. Shelley moved the approval of the minutes of December 18 , 1985 . K. Duffy seconded the motion. The motion passed 6 to 0. IV. WRITTEN COMMUNICATIONS C. Cyrier stated there were no written communications . V. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos asked if Brown Act conformity would be discussed at the January 15 Special Meeting. R. Bishop said that the Committee would not be ready to report back to the Board on that issue at the January 15 meeting, and D. Wendin added that the Committee would, however, be asking for further instructions relative to the Brown Act at the meeting. 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 86-01 Page 2 Jim Warren, 345 Swett Road, Woodside, said that he understood that the District might need computer help or advice for upcoming projects and that he would be willing to assist at no cost. VI. ADOPTION OF AGENDA T. Henshaw said the agenda was adopted by Board consensus. VII. BOARD BUSINESS A. Election of Board Officers for 1986 (Memorandum M-86-01 of January 2 , 1986) J. Fiddes reviewed the procedure for election of Board officers and conducted the election. The following members of the Board were elected to serve as officers during the coming year: President - Edward Shelley Vice President - Daniel Wendin Treasurer - Teena Henshaw Secretary - Katherine Duffy Following brief speeches and the exchange of a plaque presented to the Board by the Ranger staff, President E. Shelley began chairing the meeting. B. Publicity Plan for Acquisition Policies Including Eminent Domain (Report R-86-07 of January 3 , 1986) H. Grench reviewed the development of the Master Plan and the broad-brush definition of the planning areas within the District boundaries. M. Hale explained that the forthcoming brochure could be as specific as possible, discussing not only eminent domain but also covering Board policy and land acquisition in general , or it could be comprehensive to clarify in lay language all the various opportunities available to landowners . She outlined the three options available for distribution of publicity: an all-inclusive list which would be expensive and might cause concern to indi- viduals not within District' s planning area; a specialized mailing list to only those landowners within District' s planning area; or use of existing Brown Act list as well as homeowners ' associations and others who have shown interest. C. Britton reported on the complexity of attaining a specialized list of names of those landowners within the District' s planning area based on use of the County Assessor's records. Initial Board discussion centered on whether any Board action should be taken on this agenda item at this meeting or wait until after the policy was addressed at the January 15 Special Meeting. E. Shelley proposed the Board discuss the matter, but refer it back to the Committee before taking any action. Meeting 86-01 Page 3 D. Wendin enumerated the types of individuals who, he felt, might be notified in addition to those on the Brown Act list: 1) those owners of parcels over 20 acres; 2) homeowner associations; 3) other organizations , and 4) interested individuals who did not fall in the previous three groups. For clarification purposes , H. Grench described the anticipated content of the brochure: explanation of Board ' s policy; explana- tion of how District acquires land; and the planning process for use of the lands. He noted that this information would be in lay terms . Jim Warren said he would like to see the notification policy as part of eminent domain policy and have exact language included in publicity material , as well as an explanation in lay terms . Harry Haeussler said he felt everyone in the District should be notified of the Board' s policy. Ed Vallerga, 950 Purissima Road, Woodside, said that he was concerned about receiving direct notice of any change in policy regarding eminent domain; that he would favor a special list for this purpose in addition to the list of people on the Brown Act list; and that he hoped that whatever policy was to be adopted would be ready for consideration at next week 's Special Meeting. Janet Schwind representing the South Skyline Association said that she encouraged the Board to go on with their plan of notifi- cation based primarily upon the Brown Act list. Beez Jones , 16891 Stevens Canyon Road, Cupertino, suggested that notification of eminent domain policies be sent to the individual members of city councils and board of supervisors. K. Duffy suggested that a member of the public could serve on the Board committee that reviews the text of the brochure. Motion: D. Wendin moved that this item be tabled until next week for further direction from the Board after the public hearing on eminent domain. K. Duffy seconded the motion. The motion passed 6 to 0 . Discussion: E. Shelley spoke against K. Duffy' s sugges- tion of having a member of the public on the Committee, feeling it was the Board 's responsibility to consider various viewpoints. C. Use and Management Plan Review for the Sierra Azul Open Space 'Preserve - Limekiln Canyon and Kennedy Road Areas (Report R-86-06 of January 2 , 1986) D. Hansen introduced the staff report, and D. Woods, using the wall map, reviewed the County' s planning considerations for Lexington Reservoir currently available for the Limekiln Canyon Area as they relate to District planning. He said the trail Meeting 86-01 Page 4 crossing considerations for Highway 17 are of great concern. K. Duffy stated she felt that a pedestrian and trail crossing would have to be included in the County' s plans. D. Woods indicated that staff will respond to the County when a plan is available for review. Slides were shown which delineated where the proposed parking area and the County recreational facilities would be located. D. Woods then reported on the consultant study completed on the feasibility of a parking area in the Kennedy Road Area, staff' s meeting with the Town of Los Gatos planning staff to discuss the possibility of a cooperative plan for the management of the Kennedy Road Area and Los Gatos Creek Park, and the con- cerns voiced by the public at the neighborhood workshop. D. Hansen said that staff was recommending the dedication of the Limekiln Canyon Area , except for the former Carter property, for public open space purposes while maintaining the right to transfer density credits. S. Norton said that dedication of the property would not preclude transfer of density rights thereafter, and that the Board should so indicate its intent to retain this option when dedicating the property. D. Wood responded to questions posed by Jim Warren and Harry Haeussler regarding present equestrian access in the Kennedy Road Area. Motion: D. Wendin moved that the Board tentatively adopt the Revised Use and Management Plan for the Limekiln Canyon and Kennedy Road Areas of the Sierra Azul Open Space Preserve and indicate their intention to dedicate the Limekiln Canyon Area, excluding the former Carter property, for public open space purposes , while main- taining the right to transfer density credits at a later time. T. Henshaw seconded the motion. Discussion: D. Wendin said he was assuming that tenta- tive adoption of the recommendations also included tentative approval of the parking area as proposed by staff. D. Hansen indicated that staff would apply for the permit to construct the lot. The motion passed 6 to 0 . D. Award of Contracts for Skyline Ridge and Purisima Creek Redwoods Open Space Preserves to Complete Parking and Access Facility Plans and specifications (Report R-86-03 of January 2 , 1986) D. Hansen reviewed the criteria used by the selection committee in recommending awarding the contract to Ortha Zebroski , Landscape Architect, and indicated it had been a difficult decision because the two top candidates were very well qualified. Meeting 86-01 Page 5 Motion: H. Turner moved that the Board award the Skyline Ridge Open Space Preserve and Purisima Creek Redwoods Open Space Preserve contracts to Ortha Zebroski, Landscape Architect, to complete the plans and specifications for access facilities to both Preserves, and that the President of the Board execute these same contracts for completion under the timeline mentioned in the report. R. Bishop seconded the motion. The motion passed 6 to 0. On behalf of the Board, E. Shelley presented a Certificate of Appreciation to Tom Williams 175 Calvert Drive, Cupertino, in recognition of his outstanding volunteer work on a volunteer project describing redwood groves on the Purisima Creek Redwoods Open Space Preserve. He said that the material will be used by Save-the-Redwoods League to identify memorial groves for fund- raising purposes to recapture some of the $2 million the League contributed toward the purchase of this property. E. Adoption of Personnel Policies and Procedures Manual (Report K-86-05 of January 2 , 1986) H. Grench provided background development from the original report on Salary, Fringe Benefits and Personnel Systems of May 1979 to current document presented for Board adoption. H. Grench introduced the item, and J. Fiddes reviewed the needs for a comprehensive manual regarding personnel policies and procedures and indicated that all District staff members had been given the opportunity to review and comment on the manual at various times during its development. She presented a brief overview, highlighting the content of the manual . She also explained that it is being recommended that the holiday schedule be amended so the District staff would observe January 20 as Martin Luther King, Jr. Day in lieu of the February 13 Lincoln ' s Birthday holiday. D. Wendin indicated that the report did not reflect that various drafts had been presented to the Board in Closed Session and that this should be reflected in some general way for the record. He also indicated his belief that it was inappropriate to adopt the manual at this meeting because this was the first time the public had seen it and they should be given an opportunity for comment. In light of D. Wendin ' s comments , it was decided that tentative adoption was in order followed by a second reading. H. Grench asked, however, that the Board approve the Martin Luther King, Jr. , holiday change at this time. Motion: K. Duffy moved that the Board tentatively adopt the manual. R. Bishop seconded the motion. The motion passed 6 to 0 . Motion: K. Duffy moved that the District observe Martin Luther King, Jr. Day in exchange for the Lincoln' s Birthday holiday. T. Henshaw seconded the motion. The motion passed 6 to 0 . Meeting 86-01 Page 6 F. Recommendation on Compensation Adjustments for Board Appointed 'Staff Members (Report R-86-02 of December 18 , 1985) E. Shelley, on behalf of the other Committee members, recommended that the compensation for Board appointees be discussed and voted upon individually. He then reviewed the nature of the Controller's position and the Committee's recommendation for the position as contained in the report. In addition, he also recommended that the retroactive component of the salaries be paid interest at the rate the District has earned interest on these moneys. Motion: R. Bishop moved that the Board increase the Controller ' s pay from $3 ,500 to $3 ,800 retroactive to May 1 , 1985 , noting the District has received excellent services from M. Foster and the salary is not a true measure of his worth to the District. T. Henshaw seconded the motion. Motion to Amend: E. Shelley moved to amend the motion to pay interest on the retroactive pay since although it is nominal , but it is simply fair and reasonable because of the Board' s delay beyond July 1 in completing the process. K. Duffy seconded the motion. Discussion: D. Wendin, speaking to the motion to amend, said he would prefer addressing the question of interest on the retroactive amount as to all three Board appointees as a separate motion. E. Shelley withdrew his motion to amend. The motion passed 6 to 0 . E. Shelley reported that for Legal Counsel the Committee was recommending a nominal inflationary increase in compensation from $52,780 to $55 ,480 with no increase in the level of service in terms of number of hours of service for the District. In response to Jim Warren' s question as to whether this was a full-time position, E. Shelley said the position was on a retainer basis. Jim Warren quoted salaries for various San Mateo County full-time court officials and said the Legal Counsel ' s fees should be aligned with the fees of other public agencies and legal counsels. D. Wendin said that the District provides no infrastructure for this position and it is truly a retainer basis; however, when litigation calls for additional hours such compensation is arranged. Motion: R. Bishop moved that the Board increase the compensation of Legal Counsel from the present level to $55 ,480 annually, retroactive to July 1, 1985. K. Duffy seconded the motion. The motion passed 6 to 0 . E. Shelley said the Board Committee was fortunate in retaining the services of George Sipel , an independent consultant to provide comparable data and recommendations for the General Manager' s compensation this year, since Mr. Sipel had prepared a Meeting 86-01 Page 7 similar report in 1981 . He said the Board Committee recommended a nominal increase of $3 ,000 ; that the five-day administrative leave be made a permanent benefit; and that a six-months severance period be effective if employment is terminated without cause. Jim Warren urged the Board to table the issue of the General Manager' s compensation based on its competitiveness with other salaries. He felt the Board should "bite the bullet and hold the line" and base its decision on administrative talent required and the complexity of administration needed. D. Wendin indicated he would favor a fixed four-months severance period disregarding when employment is gained, and noted this issue could be addressed next year. Motion: R. Bishop moved that the Board increase the General Manager' s annual salary by $3000 per year retroactive to July 1 , 1985, and approve the five-day administrative leave as permanent, and approve the Committee ' s recommen- dation on increasing the severance period from three to six months for salary and benefits be approved. H. Turner seconded the motion. The motion passed 6 to 0. Motion: E. Shelley moved that the delayed retroactive pay for the three persons be also paid interest at the average rate of 9% to 9�% that the District earned on its surplus funds over that period. H . Turner seconded the motion. Discussion: In making the motion, E. Shelley noted that relatively insignificant amounts were involved and that the Board should have completed its task six to nine months ago. D. Wendin said he supported the motion but suggested the interest rate be fixed at 9% so no one has to do any further calculation. E. Shelley agreed the interest rate should be fixed at 9% and changed his motion accordingly. R. Bishop quoted a legal maxim that means "the law does not concern itself with trifles" and said that he was against the retroactive interest because he considered the issue a trifle. The motion passed 5 to 1 . R. Bishop voted against the motion for his stated reason. VIII . INFORMATIONAL REPORTS H. Grench reported on his attendance at the President's Commission on Americans outdoors hearing and reception. He indicated one of the main reasons for forming the Commission and holding the hearings was the future of the Land and Water Grant Conservation Fund which is due to expire in 1989. H. Grench announced that the Not-So-Annual Regional Park and Open Space District Conference is being sponsored by the Monterey Peninsula Regional Park District this year at Monterey Bay Aquarium on Saturday, May 17. Meeting 86-01 Page 8 H. Grench distributed copies of the Board Committees Membership report to the Board for advance review. H. Turner whimsically quipped with E. Shelley regarding the length of District agendas and time allocations for each item. D. Wendin announced that the City of Los Altos and the Town of Los Altos Hills was holding a mayor' s banquet at the cost of $70 per couple and inquired as to whether there was a precedent for the District attendance at this event. No one remembered such a precedent. IX. CLAIMS Motion: R. Bishop moved approval of Revised Claims 86-01. H. Turner seconded the motion. The motion passed 6 to 0 . X. CLOSED SESSION S. Norton stated that no litigation matters would be discussed during the Closed Session. The Board recessed to Closed Session at 10 :55 P .M. XI. ADJOURNMENT The Board reconvened to adjourn at 11 :44 P.M. Cecilia A. Cyrier Secretary