HomeMy Public PortalAbout19860108 - Minutes - Board of Directors (BOD) Meeting 86-01
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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