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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-17
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
July 14, 1999
MINUTES
1. ROLL CALL
President Jed Cyr called the meeting to order at 7:03 P.M.
Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, and
Deane Little
Members Absent: Betsy Crowder
Staff Present: Craig Britton, Sue Schectman
I
IL CLOSED SESSION
J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session agenda Item 1.
The Board recessed to Closed Session at 7:03 P.M. and the Closed Session commenced at 7:04
P.M. The Board concluded the Closed Session at 7:30 P.M. and J. Cyr called the Regular
Meeting to order at 7:34 P.M. He noted that no reportable actions had taken place in Closed
Session.
Additional Staff Present: John Escobar, Randy Anderson, Peggy Coats, Deirdre Dolan,
Malcolm Smith
I1I. SPECIAL ORDER OF THE DAY
Motion: N. Hanko moved that the Board adopt Resolution 99-27, A Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District Supporting
Full, Permanent, Mandatory Funding of the Land and Water Conservation Fund,
Including Revitalization of the Stateside Grants Program. P. Siemens seconded
the motion.
Discussion: D. Little noted a clerical error in the second line of the last paragraph of the
Resolution ("urge" should be "urges").
Vote: The motion passed 6 to 0.
M Distel Circle * Los Altos, CA 94022-1404 ® Phone: 650-691-1200
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Meeting 99-17 Page 2
IV. ORAL COMMUNICATIONS —There were none.
V. ADOPTION OF AGENDA
It was noted that since Written Communications did not appear on the agenda, no action could be
taken on them by the Board. C. Britton said the Board President would sign the replies and they
would be included in the FYIs at the next meeting. These replies were to written
communications from Honorable Kris Casto, Member, Los Altos City Council, 1720 Holt
Avenue, Los Altos; Donna Peterson, 23450 Ravensbury Avenue, Los Altos Hills; and Mr. Alex
McIntyre, Town Administrator, Town of Portola Valley 765 Portola Road, Portola Valley.
Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion.
The motion passed 6 to 0.
VI. ADOPTION OF CONSENT CALENDAR
K. Nitz removed agenda item 8, Denial of a Claim Submitted by Paul and May Koski for
Contribution From the District for Culvert and Driveway Repairs.
Motion: K. Nitz moved that the Board approve the Consent Calendar, including agenda
item 3, Cancellation of July 28, 1999 Regular Meeting; agenda item 4, Schedule
Special Meetings of the Board of Directors of the Midpeninsula Regional Open
Space District for 10:00 a.m., Saturday, July 24, 1999 and 10:00 a.m., Saturday,
August 14, 1999 for the Purpose of Attending Coastal Advisory Committee Tours
of District and Coastal Lands; agenda item 7, Authorization for the President of
the Board of Directors to Execute the Amendment to Lease—Office Space With
Alzheimer's Association for the Distel Enterprise Office Space and Authorization
for the General Manager and Board President to Further Approve Any Minor
Corrections or Grammatical or Technical Revisions to the Amendment, Which do
not Involve a Change to a Material Term, Subject to the Approval of District
Legal Counsel; agenda item 9,Application to Santa Clara County Transportation
Enhancement Fund Program to Acquire Addition to Bear Creek Redwoods Open
Space Preserve (Peninsula Open Space Trust Property), including adoption of
Resolution 99-32, A Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Application for Grant Funds for the
Countywide Transportation Enhancement Program for the Following Project:
Addition to the Bear Creek Redwoods Open Space Preserve (Peninsula Open
Space Trust) Acquisition; and Revised Claims 99-14. D. Little seconded the
motion. The motion passed 6 to 0.
J. Escobar introduced John Nicolas who will fill in as Area Superintendent in the Foothills Area.
P. Coats introduced Network Specialist Paul Romero. R. Anderson introduced Ann Koletzke,
Planning Secretary; and David Uhles, Planning Technician. All new employees were welcomed
by Board Members.
Meeting 99-17 Page 3
VI. BOARD BUSINESS
A. Agenda Item No. 1 —Representation of Independent Special Districts on the Santa Clara
County Local Agency Formation Commission—(Report R-99-98)
Craig Britton reviewed the staff report. P. Siemens added that the time frame when the
votes have to be taken was one year.
Motion: P. Siemens moved that the Board adopt Resolution 99-28, A Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Requesting Special District Representation on the Santa Clara
County Local Agency Formation Commission. M. Davey seconded the
motion.
Discussion: Regarding the ten special districts that had not expressed support, M.
Smith said six said "no"because they don't see the threat, and four did not
reply. Those four included such special districts as Rancho Rinconada
Recreation District and Saratoga Cemetery District. No. Hanko suggested
getting started on this matter right away.
Vote: The motion passed 6 to 0.
B. Agenda Item No. 2—Authorization for the President of the Board of Directors to
Execute the Residential Lease Agreement with the Slaght Family for the Employee
Residence in the Sierra Azul Open Space Preserve Area and Authorization for the
General Manager and Board President to Further Approve Any Minor Corrections or
Grammatical or Technical Revisions to the Amendment, Which do not Involve a Chance
to a material Term, Subject to the Approval of District Legal Counsel—(Report R-99-99)
J. Escobar presented the staff report, noting that M. Williams had done the bulk of the
work on the project. He pointed out the location of the residence on a map and answered
questions about the agreement. He said the house has four bedrooms. The Slaghts have
been living in the house and are moving to the smaller residence on the property.
Motion: D. Little moved that the Board authorize the President of the Board of
Directors to execute the Residential Lease Agreement with the Slaght
family for the employee residence in the Sierra Azul Open Space Preserve
area; and further authorize the General Manager and Board President to
approve any minor corrections or grammatical or technical revisions to the
Amendment, which do not involve a change to a material term, subject to
the approval o District legal Counsel. P. Siemens seconded the motion.
The motion passed 6 to 0.
C. Agenda Item No 5a—Approval of Salary Adjustment and Meritorious Pay Award for
the General Manager and Approval of Amendment to General Manager's Employment
Agreement to Reflect a 6% (Inclusive of a 3% Cost of Living Increase) Adiusted Salary
Meeting 99-17 Page 4
of$110,333.92 Retroactive to March 9, 1999 and a 5% Meritorious Pay Award Totaling
$5,204.43 —(Report R-99-95)
D. Agenda Item No. 5b—Approval of Meritorious Pay Award for the District Controller
Totaling $3,000—(Report R-99-101)
E. Agenda Item No. 5c—Approval of Salary Adjustment and Meritorious PqIY Award for
the District Leizal Counsel and Approval of Amendment to District Legal Counsel's
Employment Agreement to Reflect a 5% (Inclusive of a 3% Cost of Living Increase)
Adjusted Part-Time Salary of$66,832.50 Retroactive to April 1, 1999 and a 5%
Meritorious Pay Award Totaling $3,182.50-, Adjust Vacation Hours From 80 Hours
Annually to 90 Hours Annually; and Redesignating the Job Title From "District Legal
Counsel" to "General Counsel"—(Report R-99-102)
Motion: N. Hanko moved that the Board adopt Resolution 99-29, A Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving 1999-2000 Salary Adjustment and Meritorious Pay Award for
the General Manager and Approving Amendment to General Manager
Employment Agreement; adopt Resolution 99-30, A Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving a Meritorious Pay Award for the District Controller; and adopt
Resolution 99-31 A Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving 1999-2000 Salary
Adjustment and Meritorious Pay Award for the Legal Counsel and
Approving Amendment to Legal Counsel Employment Agreement. M.
Davey seconded the motion. The motion passed 6 to 0.
F. Agenda Item No. 6—Authorization for the General Manager to Execute an Agreement,
As Approved by the District Legal Counsel with Johnson& Associates, Human Resource
Consultants, in the Amount of$29,500 to Conduct a Classification, Compensation, and
Benefits Study for All District Positions, and Further Authorize a Contingency of$2,950
(10%of the Contract Amount), if Necessary, for Additional Tasks to Complete the
Project as Determined by the General Manager—(Report R-99-105)
D. Dolan reviewed staff's recommendations, noting that they have verbal approval for
extending the due date from the union and will be seeking written approval. S.
Schectman said they do not expect the date extension to cause a problem.
Sheila Forsberg, John & Associates, sand the company has done work for Santa Clara
Valley Water District, BART, Port of Oakland, and others, including some clients in
Washington and Oregon. She agreed that some classifications are unusual for unique and
therefore difficult to compare with other agencies. She talked about the process used to
determine salary levels, noting that there is an element of judgment. Ms. Forsberg said
they would recommend salary ranges, which were based on median market data. She
said they consider job content as well as job title.
Meeting 99-17 Page 5
Motion: K. Nitz moved that the Board authorize the General Manager to execute
an agreement, as approved by District Legal Counsel, with Johnson &
Associates, Human Resource Consultants, in the amount of$29,500 to
conduct a classification, compensation, and benefits study for all District
positions, and further authorize a contingency of$2,950 (10% of the
contract amount), if necessary for additional tasks to complete the project
as determined by the General Manager. D. Little seconded the motion.
The motion passed 6 to 0.
G. Agenda Item No. 8—Denial of a Claim Submitted by Paul and May Koski for
Contribution From the District for Culvert and Drivewa Repairs—(Report R-99-94)
K. Nitz was informed that the property is off Regnart Road next to Fremont Older Open
Space Preserve C. Britton pointed it out on a map. S. Schectman said M. Williams met
with Mr. Koski and had made progress in working out a mutually acceptable agreement.
S. Schectman stated that the law requires that maintenance costs of an easement be
shared in proportion to sue, but public access on the easement is another issue. She said
the District's share of the use is 10-20%. C. Britton said staff are seeing more and more
of this kind of situation and part of the job of the new Land Protection Specialist will be
to walk District boundaries and identify these situations in advance.
Motion: P. Siemens moved that the Board deny the claim against the District filed
By Paul and May Koski. K. Nitz seconded the motion. The motion
passed 6 to 0.
H. Agenda Item No. 10—Resolution Providing That Board members Not Otherwise
Eligible for an Employer-paid or Partially Employer-Paid Group Medical or Group
Dental Plan, or Both, May Participate in Any of Those Plans Available to Permanent
Employees of the District, at the Board Member's Own Expense—(Report R-99-106)
C. Britton reviewed the staff report. D. Dolan answered questions about costs of the two
plans available and said approving this would not affect rates.
Motion: N. Hanko moved that the Board adopt Resolution 99-33, A Resolution
Of the Board of Directors of the Midpeninsula Regional Open Space
District Authorizing Board Members Who Are Not Otherwise Eligible for
an Employer-Paid Group Medical or Dental Plan to Participate, at Their
Own Expense, in Such Plans Available to District Employees. K. Nitz
seconded the motion. The motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
N. Hanko: 1. She referred to a memo from Sup. Gordon regarding proposed FEMA regulations
and asked if this would affect the District. R. Anderson said he didn't think so. 2. She talked
about the press releases on trail closures at Purisima Creek and the controlled burn. She asked if
the Coastal Advisory Committee was getting agendas and other information on management
items. C. Britton said they would send the agenda and reports on items that might be of interest
Meeting 99-17 Page 6
to the Committee, in particular management items. Discussion followed about the scheduled
controlled bum. C. Britton and J. Isaacs would be providing a summary of the Russian Ridge
bum.
K. Nitz said he had hiked the Bear Creek Redwoods and noted that about 75% of the grapevines
were growing.
J. Cyr: 1. He reminded Board members to complete their campaign disclosure forms. 2. He
commented on Annette Coleman's retirement luncheon. 3. He complimented staff on putting
the documents for the Bear Creek Redwoods deal.
C. Britton: 1. He said the audit has been completed and handed out copies of the report. He
noted they would go out to bid for auditors next year. 2. He had information on private
celebrations regarding the Bear Creek Redwoods matter, and announced a staff picnic would be
held thereon Friday, July 30. 3. He said AB1578 (Cunneen), regarding exchange of District-
owned real property, was moving through the legislature smoothly. 4. He had met with La
Honda Fitness Center and worked out an agreement regarding their use of District property. 5.
He had met with Amy Glad, Director of the Land Trust of Santa Clara County, and Lloyd
Wagstaff, Director of the South County Authority and talked about the relationship between their
groups.
J. Escobar: 1. They anticipate more people being present at the controlled bum and are trying to
address concerns of neighbors. 2. He referred to the summary of illegal trail construction at
ECDM included in the packet. He said the Trail Use Policy Committee will be getting
comparison information from other agencies on their policies on use of single-track trails by
bicycles. C. Britton said staff is trying to get the information out and think this is very serious.
Staff will come back to the Board with a program.
M. Smith: 1. The press release about the prescribed bum focused more on safety issues because
of the incident in northern California. 2. He announced the CAC tour of District lands on July
24, and the coastal tour on August 14. 3. He talked about the new sound system.
J.Cyr said he had walked the boundaries of the land to be dedicated bordering Rancho San
Antonio County Park. J. Escobar said he could arrange tours for others who are interested.
D. Dolan reminded Board members about the staff recognition event to be held on August 19 at
5:30 P.M. at Saratoga Springs
VIII. ADJOURNMENT
At 9:10 P.M., the meeting was adj ourned.
Robert Wolfe
Recording Secretary