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HomeMy Public PortalAbout19960110 - Minutes - Board of Directors (BOD) Regional Open '-lace � ---_ • r - t 1 ,,,__� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-01 REGULAR MEETING BOARD OF DIRECTORS January 10, 1996 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:35 P.M. Members Present: Pete Siemens, Mary Davey, Nonette Hanko, David Smernoff, Teena Henshaw, and Wim de Wit. Betsy Crowder arrived at 7:40 P.M. Personnel Present: Craig Britton, Jean Fiddes, Malcolm Smith, George Sipel, Mary de Beauvieres, and Sue Schectman. II. ORAL COMMUNICATIONS T r There were no oral communications. IV. ADOPTION OF AGENDA Motion: T. Henshaw moved that the Board adopt the agenda. W. de Wit seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR Motion: B. Crowder moved that the Board adopt the consent calendar including written communication responses to Cheryl Lilienstein, 450 Manzana Land, Palo, Jackie Schiedeck, 251 Marcella Way, Millbrae, and Jobst Brandt, 351 Middlefield Road, Palo Alto; agenda item 2 Adoption of Resolution 96-01, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed By Government Code; and Revised Claims 96-01. Wim de Wit seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS Since B. Crowder was not yet present, P. Siemens recommended that the Board delay the agenda item for election of Board officers for 1996. Motion: N. Hanko moved that the Board continue agenda item 1 Election of Board Officers for 1996 and consider agenda item 3 at this time. M. Davey seconded the motion. The motion passed 6 to 0. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 96-01 Page 2 A. Agenda Item No. 3 - Authorization to Exchange Real Property Interests with Pacific Gas and Electric Company to Relocate an Existing Utility Easement on a Portion of Windy Hill QWn Space Preserve Adjacent to Portola Road and Determination that Recommended Actions are Categorically Exempt Under the California Environmental Quality Act (Report R-96-03) M. de Beauvieres reviewed the staff report, noting that the relocation of the utility easement on the Windy Hill Open Space Preserve would eliminate one pole and 440 feet of overhead line in with about 140 feet of overhead line in a less conspicuous location. She noted that the District property involved was not dedicated. N. Hanko reported that B. Crowder had informed her that The Sequoias did not object to the proposed relocation of the utility easement. Motion: N. Hanko moved that the Board adopt Resolution 96-02, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of a Relocation Agreement (to Exchange Interests in Real Property), Authorizing Officer to Execute the Relocation Agreement on Behalf of District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Windy Hill Open Space Preserve - Pacific Gas & Electric Company). B. Crowder seconded the motion. The motion passed 7 to 0. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in the staff report. D. Smemoff seconded the motion. The motion passed 7 to 0. P. Siemens stated that since all Board were present, the Board would return to agenda item 1. B. Agenda Item No. I - Election of Board Officers for 1996 (Report R-96- I J. Fiddes stated that she had distributed ballots to be used in the election of Board officers. By signed ballot, the Board elected N. Hanko to serve as President, M. Davey to serve as Vice President, D. Smemoff to serve as Treasurer, and B. Crowder to serve as Secretary. J. Fiddes counted the ballots that are retained for public inspection. The Board thanked P. Siemens for serving as President and all his work during the past year. N. Hanko presented a list of P. Siemen's accomplishments during the past year. N. Hanko, thanked the Board for electing her President. She requested that members of the Board and staff raise their hand to be recognized. She said that she would recognize Board and staff members by name and will identify the makers of motions and seconds. President Hanko called a three minute recess at 7:57 P.M. The Board reconvened for the public meeting at 8:00 P.M. i Meeting 96-01 Page 3 i C. Agenda Item No. 4 - Appointment of Administration and Budget Committee for 1996 (Report 96-05) N. Hanko appointed T. Henshaw, D. Smernoff, and M. Davey to serve on the 1996 Administration and Budget Committee. I D. Agenda Item No. 5 - Workshop -- Board Protocols and Procedures for Effective Board Meetings and Board-Staff Working Relationships Report R-96-06) G. Sipel facilitated the workshop. I The Board reviewed and discussed the Guidelines for Board-Staff Working Relationships. No changes were proposed for General Guidelines 1, 3, 4, 5, 6, 7, 8, 9, and 10. Guidelines 9 and 10 were subsequently renumbered based on the addition of a new ninth guideline. P. Siemens recommended that the words "where appropriate" be eliminated in the second guideline. The Board concurred with the revised guideline wording of "Board members are encouraged to give staff sufficient lead time to fulfill Board requests and to put important requests in writing". As part of the discussion of guideline 8 N. Hanko recommended that a statement be included that the Board President will advise the General Manager when staff has gotten into Board policy matters. It was decided that this item should be a separate guideline and be a new guideline 9. The Board discussed Board members serving as District volunteers. N. Hanko distributed potential language to be included in the guidelines: "The Board shall adopt policies and guidelines under which individual Board members may serve in volunteer capacity." She recommended the Legislation, Finance, and Public Affairs Committee review draft policies and guidelines for Board consideration. This item was to be a new item 12. P. Siemens stated that he also had proposed wording that he would forward to the committee. No changes were proposed for the first Meeting-Related Guideline and the Board agreed to change the word "may" in the second guideline to "shall". Motion: P. Siemens moved that the Board approve the guidelines as amended and refer the new item 9 and the new item 12 to the Legislative, Finance, and Public Affairs Committee come up with some language on Board members' relationship with staff when they are volunteering. M. Davey seconded the motion. Discussion: C. Britton confirmed that the wording of the new item 9 was to be reviewed by the committee and stated that it would be more appropriate to refer this matter to the Administration and Budget Committee. P. Siemens stated that he did not feel strongly which committee it went to and said he was agreeable Meeting 96-01 page 4 to substituting the Administration and Budget Committee in his motion. The motion passed 7 to 0. Board discussion then focused on the discussion draft of the outline for Board protocols. N. Hanko questioned the use of the word "protocols" and the Board subsequently decided to change the title to "Board Meeting Procedures". N. Hanko suggested a more generalized, abbreviated goal. D. Smernoff noted that the last goal on the staff draft regarding use of microphones was a procedure rather than a goal; there was Board agreement to substitute the goal "to provide for the clear recording and taking of minutes". N. Hanko stated she had prepared different wording for the procedure for agenda items that placed a greater emphasis on input from the public. Her proposed order for agenda items not included on the Consent Calendar was: 1) report from author of agenda item (staff, Board committee Chairmen, or individual Board member or members); 2) clarification questions from members of the Board and/or staff, followed by preliminary Board comments and discussion if any (no public comment or questions); 3) public comment; and 4) Board deliberation and decision (vote if appropriate). P. Siemens stated that his generalized comments dealt with providing the opportunity for additional public comment and concurred with the wording proposed by N. Hanko. There was Board consensus to substitute N. Hanko's wording in the Board meeting procedures. Under public comment/oral communications, the Board discussed having the second item, with the words "at the beginning of each meeting" deleted, follow the first sentence of the first item. S. Schectman stated that she would expand the statement on what Board actions were appropriate for Oral Communications under the Brown Act. The word "microphone" was added to the fourth item after the word "podium". P. Siemens recommended deleting the words "public comments is closed and that" in the seventh item so that the statement read "At the close of public comment, the President should indicate that the matter is now returned to the Board for deliberation and decision." The Board decided to defer consideration of this item at this point in the meeting since this item was directly related to the section on Board deliberation. Harry Haeussler, 1094 Highland Circle, Los Altos, stated that a new item may be introduced during the Board's discussion of an agenda item and members of the public should have the opportunity to address this new item. H. Haeussler stated that members of the public should remove items from the Consent Calendar when the Consent Calendar was being considered, rather than during Oral Communications. i Meeting 96-01 Page 5 The Board recommended that the first and second items under Consent Calendar be combined to read "Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar." P. Siemens left the meeting at 9:00 P.M. The Board discussed whether to continue the workshop until all Board members were present. Board consensus was to proceed with the discussion. The Board reviewed N. Hanko's proposed wording for the Board Conduct/Deliberations section. The proposed wording for N. Hanko's first proposal was changed to "The presiding officer may require individual Board members to raise their hands to be recognized." N. Hanko's second proposal was for the presiding officer to recognize Board and staff members by name and to identify the makers of motions and seconds. Discussion focused on N. Hanko's third proposal providing for a public comment period and how additional public comments could be handled during the Board's deliberation period. It was recommended that N. Hanko's proposed wording be combined with staffs item on the board taking additional public comment, prior to decision, upon Board agreement. D. Smernoff volunteered to prepare wording for the deliberation section. Staff s third item under Board deliberation was deleted since preliminary Board comments and discussion had been incorporated into the order for considering agenda items. There were no proposed changes in the Informational Reports, Closed Sessions, and Board- Public Relations sections. S. Schectman stated that when the Board meeting procedures are returned to the Board, she would provide a little more leeway in terms of actions that the Board can take during Informational Reports in accordance with the Brown Act. Discussion focused on reconsideration of an agenda item. N. Hanko reviewed her proposed wording for this section. She noted that P. Siemens disagreed with N. Hanko's idea since he felt that reconsideration of a Board decision should not occur at the same Board meeting after members of the public interested in an item may have left. S. Schectman noted that Robert's Rules of Order governed reconsideration of an action at the same Board meeting. The Board determined that it was not necessary at this time to include a section on reconsideration in the Board meeting procedures. Staff was directed to incorporate the changes discussed for the Board meeting procedures and return the document to the Board for additional consideration the next time all Board members were present at a Board meeting. VII. INFORMATIONAL REPORTS C. Britton reported that 1) the $50,000 Habitat Conversation Fund Program grant for the Old Page Mill Road project had been recommended for approval by the State; 2) an item would be placed on the January 24 agenda requesting approval for Director Smernoff to attend the Special 1 Meeting 96-01 Page 6 Districts Board Management Institute; C.Britton will also attend; 3) the staff's State of the District presentation would be at 1:00 P.M., Friday, January 19; Directors Hanko, Davey, and de Wit plan to attend; 4) he would respond in behalf of the Board to Michael McGuire's letter of January 4 letter regarding permits for commercial photography on District land; and 5) N. Hanko's response to Robert Zatkin regarding his concerns with the Wallace Stegner memorial bench had been distributed. He called the Board's attention to the California Constitution Revision Commission - "Community Charter" material he had distributed. W. de Wit reported that he, B. Crowder, and C. Britton had attended the Coyote Point Museum reception honoring Linda Liebes earlier in the evening; they presented the Board's resolution to Ms. Liebes. He complimented M. Smith on the letter to Michael Kennedy, Editor, Climbing Magazine. B. Crowder stated that she and W. de Wit had attended the swearing-in ceremony for the San Mateo County Board of Supervisors. She complimented staff on the recent activities newsletter. N. Hanko, said she and B. Crowder attended the Palo Alto City Council inauguration ceremony. M. Smith 1) offered a media training session to Directors Davey and Smernoff, noting a third Board member could attend if interested; 2) stated that Hikes & Walks and the District newsletter would be combined into one quarterly publication; and 3) reported that 77 dog access information packets had been mailed in response to requests from members of the public since January 1. VIII. ADJOURNMENT The meeting was adjourned at 9:47 P.M. Jean H. Fiddes District Clerk