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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.
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Meeting 96-01 Page 3
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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.
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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.
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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.
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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
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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