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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-09
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
April 26, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Kenneth Nitz called the meeting to order at 6:35 P.M.
Members Present: Kenneth Nitz, Nonette Hanko, Mary Davey, Jed Cyr, Betsy Crowder, and
Deane Little.
Members Absent: Pete Siemens.
Staff Present: Craig Britton, Sue Schectman, Michael Williams and Del Woods.
11. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items I and 2.
The Board recessed to Closed Session at 6:36 P.M. and the Closed Session commenced at 6:36
P.M. The Board concluded the Closed Session at 7:37 P.M.
REGULAR MEETING
111. K. Nitz noted that no reportable action had taken place in Closed Session, and called the Regular
Meeting to order at 7:37 P.M.
Additional Staff Present: Mike Foster, Deirdre Dolan, Randy Anderson, and Thomas Fischer.
IV. ORAL COMMUNICATIONS
There were none.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. B. Crowder seconded the motion.
The motion passed 6 to 0.
-1.10 Distel Circle - Los Altos, CA 94022-1404 * Phone:050-091-1200
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Pete Siemens,Mary Davey,Led Cyr,Deane tittle Nonette f lanko,Hetw Crowder,Kenneth C.Nity - General Njarragor:I Craig Wilton
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Meeting 00-09 Page 2
VI. ADOPTION OF CONSENT CALENDAR
Regarding Claim 1761 to Enforcement Technologies, Inc., J. Escobar said this was for parking
ticket processing and until they write a lot more citations, the District will be paying the base
amount. In the meantime, they are seeking another company.
J. Cyr said that M. Williams had explained why Claim 1799 to Therma Corp. for air conditioning
repairs for the District office building was so high because the heat exchange coil on the roof had
to be replaced with the use of a crane.
J. Cyr asked that the spelling of the addressee's name on the written communication be changed
to "Gfroere."
K. Nitz removed Agenda Item 4, Final Adoption of an Amendment to the Use and Management
Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to Identify
Bench Sites and to Permit Bench Installation by Peninsula Open Space Trust in its Memorial
Giving Program.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the
March 22, 2000 Regular and Special Meetings; the corrected reply to a written
communication from Ms. Pat Gfroere, 1085 Valley Forge Dr., Sunnyvale;
Agenda Item 6, Authorization to Solicit Bids for Four (4) Truck Bodies;
Authorize Staff to Advertise for Bids to Purchase Four (4) Truck Bodies; Agenda
Item 7, Authorization for Board President Nitz to attend the Special Parks
Districts Forum 2000 in Maryland, Authorize Board President Nitz to attend the
Special Parks Districts Forum 2000 in Montgomery and Prince George's
Counties, Maryland at a Total Cost Not to Exceed $1,500; and Revised Claims
00-08. B. Crowder seconded the motion. The motion passed 6 to 0.
VII. BOARD BUSINESS
A. Agenda It No. I - Approval of Fiscal Year 2000-2001 Salary and Benefit
Adjustments for Office, Supervisory, and Management Staff, Retroactive to April 1,
2000, Recommendations are Contingent Upon Board Approval of Budget Appropriations
Under Agenda Item 3 (Report R-00-56).
D. Dolan reviewed the staff report. Regarding recommendation 6, she explained that the
total time off is the same for everyone if holidays and personal leave are added together.
The wording of the first sentence of recommendation 8 was changed to read, "Approve
the implementation of an administrative leave program for exempt employees, which will
provide either two (2) or five (5) days . . . ." Regarding the elimination of the District
Clerk position, D. Dolan explained that responsibility had been transferred back to her
position.
D. Dolan noted that under the CalPERS Health Plan Program section of the report, the
correct dollar figure in the second-to-last sentence should be $429.3 1, not $478.56.
Meeting 00-09 Page 3
C. Britton said staff would be interviewing prospective administrators for the Section 125
plan regarding costs for that service.
D. Dolan outlined the duties of the Management Analyst position, noting that this was the
recommendation from Johnson and Associates and was common in public organizations.
C. Britton reminded Board members that all of the recommendations involving money
and/or time off would be retroactive to April I and were contingent upon Board approval
of the resolution to approve budget appropriations later on the agenda.
Motion: M. Davey moved that the Board approve the Position Classification and
Compensation Plan that includes a step-to-step adjustment of the salary
recommendations provided by Johnson & Associates, plus a six point
(6.2%) cost of living adjustment (COLA) for the District's office,
supervisory, and management classifications, retroactive to April 1, 2000;
authorize the District to file for participation in the CalPERS Health Plan
Program effective August 1, 2000, and approve an increase in the
employer medical plan premium contribution to equal the CalPERS
Health Program Kaiser Foundation Plan monthly premium retroactive to
April 1, 2000; authorize the implementation of a Section 125 Cafeteria
Benefit Plan in conjunction with the CalPERS Health Plan Program that
will incorporate the CalPERS medical program and the current dental and
vision care benefits; approve an increase in the District's contribution to
retiree medical plan coverage from zero to $50 per month, also in
conjunction with the implementation of the CalPERS Health Plan
Program; approve the addition of a sick leave conversion option for
employees who retire from the District, such that retirees may opt to
convert up to 100% of the value of unused sick leave toward the cost of
retiree medical plan premiums; approve the addition of eight hours of
personal leave per calendar year (prorated to 6 hours for the current
calendar year), for a total of 24 hours personal leave per year for
Supervising Patrol Rangers and Maintenance and Construction
Supervisors, and a total of 28 hours per year for all other office,
supervisory, and management positions; approve an increase in the
vacation accrual rate to the equivalent of three weeks (120 hours) per year
during the first 5 years of employment. Also provide a vacation cash-out
option whereby employees with a minimum of 120 hours of vacation may
opt to cash-out up to 40 hours of vacation per calendar year; approve the
implementation of an administrative leave program for exempt employees,
which will provide either two or five days of administrative leave time off
per calendar year to exempt employees who are not otherwise
compensated for extra time worked and required attendance at evening
and weekend meetings and trainings (prorated to 12 hours and 30 hours,
respectively, for the current calendar year). Also approve an increase in
administrative leave time for management employees from five days to
eight days (prorated to 18 additional hours for the current calendar year);
approve an increase in the District-paid life insurance coverage, from one-
times annual salary to two-times annual salary life insurance coverage;
Meeting 00-09 Page 4
approve an increase from $300 to $600 per year the maximum amount of
tuition and book reimbursement that may be made per fiscal year per
employee. J. Cyr seconded the motion. The motion passed 5 to 0
(Director Little was momentarily absent).
B. Agenda Item No. 2 - Approval of Memorandum of Agreement with Service Employees
International Union, AFL-CIO Local 715; Adopt the Resolution Approving the
Memorandum of Agreement with Service Employees International Union, AFL-CIO
Local 715, for a Term of April 1, 2000 through March 31, 2003, Retroactive to April 1,
2000; Recommendations are Contingent Upon Board Approval of Budget Appropriations
Under Agenda Item 3 (Report R-00-56).
D. Dolan highlighted some of the significant provisions of the agreement.
N. Hanko thanked the staff team for reaching a three-year agreement.
D. Dolan explained the tuition reimbursement increases under Article 14, noting that they
budgeted a certain amount in anticipation of it being used. C. Britton said that there has
always been a limit per employee, and since this limit has doubled, the amount budgeted
needed to be increased as well.
J. Cyr said he appreciated that the agreement was based on the study for which the
District had contracted. He thought it was fair and moved to help bring the District back
into line with the labor market. He appreciated that they were able to include binding
arbitration and complimented the team for negotiating the agreement in a timely,
professional manner. D. Little agreed.
S. Schectman said that procedurally, they should wait to vote on this item until after the
next agenda item, budget appropriations, was approved.
K. Nitz pointed out spelling errors on page 20 d, last sentence (extensions), and page 24
c, top of the page (grievant).
S. Schectman answered questions about the agreement, stating that "reasonable period of
time" as referred to on page 28 was not defined and depends on the facts and
circumstances of each case. She said the term property loss mentioned on page 27,
section 17.25, referred to discipline which takes away something of value from the
employee. She explained that demotion and discharge are higher levels of discipline, so
they warrant a higher level of review.
D. Little noted that a correction needed to be made in section d, Reprimands.
D. Dolan pointed that on page 7, section 7.2.a.I under Medical Insurance, the word
41provisions" should be changed to "premiums."
C. Agenda Item No. 3A - Controller's Report on the Proposed Fiscal Year 2000-2001
Budget As Amended (Report R-00-57).
Meeting 00-09 Page 5
M. Foster noted that the only change from what the Board had seen previously was in the
operating expense. He highlighted the report, stating that they were starting the year with
about $33 million in cash available for acquisitions, so no financing was currently
planned.
K. Nitz distributed graphs showing the projected budget cap for the next 10-12 years.
The Board accepted the Controllers Report as presented.
Agenda Item No. 3B - Approval of Amended Fiscal Year 2000-2001 Operating Expense
Budget Resulting from Salary and Benefit Adjustments for Bargaining Unit Members
and Office, Supervisory and Management Staff, Approve the Amended Budget Presented
in the Report, Totaling an Overall Increase in Operating Expenses of $463.157; Adopt
the Resolution Approving the Amended Budget for Fiscal Year 2000-2001 — (Report R-
00-56).
C. Britton reviewed the staff report stating that the Budget Committee had focused on the
6% guideline. The definition of the 6% guideline allows an adjustment if there is an
unusual increase that can't be accounted for any other way. He showed a graph prepared
by D. Woods and said staff was not recommending a change in the guideline at this time,
but was proposing to assign the next Budget Committee to look at it to see if 6% is a
guideline that we can continue to apply. He agreed that they should not abandon the
guideline, as it was important to keep a cap on operating expenses.
J. Cyr stated that as chair of the Budget Committee, he recommended approval. He
thought the budget was realistic, reasonable, and financially sound.
K. Nitz said he was very concerned that the increase really was not 6%, but he agreed
they need to keep it as a tool.
Motion: J. Cyr moved that the Board approve the amended budget presented in the
staff report,totaling an overall increase in operating expenses of$436,157;
and adopt Resolution No. 00-22, Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District Adopting Amended
Budget for Fiscal Year 2000-2001. M. Davey seconded the motion. The
motion passed 6 to 0.
Motion on Item 2:
Motion: M. Davey moved that the Board adopt Resolution No. 00- A
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Approving the Memorandum of Agreement Between the
Midpeninsula Regional Open Space District and Service Employees
International Union, AFL-CIO Local 715. D. Little seconded the motion.
The motion passed 6 to 0.
Meeting 00-09 Page 6
D. Agenda Item 4, Final Adoption of an Amendment to the Use and Management Plans for
Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to Identify
Bench Sites and to Permit Bench Installation by Peninsula Open Space Trust in Its
Memorial Giving Program—(Report R-00-54).
K. Nitz said he asked the keynote speaker at Earth Week at Stanford, David Brower, what
he thought of benches on hiking trails, and he said he disliked them. He urged the Board
to vote no on this item.
N. Hanko noted that Mr. Brower is not a District constituent, and what the Board has
heard from constituents is that they want to walk and need a bench to rest on once in
awhile.
Motion: J. Cyr moved that the Board adopt an amendment to the Comprehensive
Use and Management Plans for Rancho San Antonio, Monte Bello, and
Los Trancos Open Space Preserves to permit installation of benches by
Peninsula Open Space Trust in its memorial giving program. M. Davey
seconded the motion and the motion passed 5 to I with President Nitz
voting no.
E. Agenda Item 5 - Approval of License Agreement to Enable the Town of Portola Valley
to Perform Repairs to Alpine Road Adjacent to Windy Hill Open Space Preserve;
Determine that the Recommended Actions are Exempt from the California
Environmental Quality Act (CEQA) as Set Out in the Report; Authorize the General
IIIIManager to Execute the Letter to the Town of Portola Valley Affirming Your
Concurrence with the Attached Programmatic Section 4(F) Evaluation for the Alpine
Road Downslope Repair Project; Authorize the General Manager to Execute the License
Agreement with the Town of Portola Valley For Repairs to A112ine Road Adjacent to
Windy Hill Open Space Preserve. The License Agreement is Conditional on the Town of
Portola Valley Subsequently Approving a Conservation Easement upon the Town's
Property Identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-
250-160 in Exchange for District Approval of a Permanent Slope Easement in Favor of
the Town for These and Future Road-Related Repairs —(Report R-00-50).
Thomas Fischer provided history and background and showed slides. He said the license
agreement would terminate July 1. The easements would supersede the license
agreement. The easements are a condition before they can do the work.
In regard to parking on Alpine Road, C. Britton said we would not necessarily want to
encourage the public in this area. S. Schectman said the Town engineer would need to
look at safety issues.
T. Fischer said it states in the license agreement that the Town is responsible for Eagle
Trail, that it will be rebuilt, and that some of it is on District land.
C. Britton said the 4(F) requirements are because of federal funding for a project on
public park land. The new 4(F) evaluation is more stringent and beneficial to the District.
Meeting 00-09 Page 7
B. Crowder said she was horrified by what they are proposing to do and that it would
destroy the creek. She said she would like to continue this item until they could talk to
someone from the Town. She did not feel what they were doing was environmentally
responsible.
T. Fischer said the road is passable. He voiced concern about future funding should the
project be delayed.
S. Schectman suggested exploring other options. She said the District might have an
interest in keeping the road open and suggested sitting down with Town staff and
working out something that is mutually acceptable. She said the project should stand or
fall on its own when the Board votes on it.
As to what the District would gain by acquiring the easements, T. Fischer said they
would include the existing Eagle Trail and it is a riparian corridor. He said any work that
happens after this has to go through design approval by the District.
C. Britton talked about what happened at Gazos Creek. He said Portola Valley was
trying to get permits to do this properly. There were potential political problems. He
thought the exchange was the best of both worlds, and he recommended that the Board
approve it. He agreed with T. Fischer that because of the use of federal money, there
would be a lot of monitoring.
Discussion on this item was suspended while staff tried to make contact with the Town of
Portola Valley.
K. Nitz moved the agenda to Informational Reports.
VIII. INFORMATIONAL REPORTS
J. Cyr said he planned to attend Sunnyvale's state of the city on May 5.
B. Crowder had attended the open house for the remodeled office of Sempervirens Fund.
N. Hanko: 1. She had arranged a dinner with K. Nitz, J. Cyr and Bill Cook from Pescadero on
May 26, so Mr. Cook can get to know District Board members. 2. The Palo Alto Weekly is
going to announce a new editor on Friday. 3. She had a meeting with Patti Ciesla and passed
along some of her ideas on trails to the committee. The committee will address some of their
major concerns about regional trails. 4. She met with Liz Kniss about the Stanford Plan and
passed along some ideas. They talked about plans for the dish area. 5. There were meetings
regarding the Bressler property. A plan was put forward regarding exchange of property.
M. Davey: 1. She had an invitation to an eco-auction on May 21 for Committee for Green
Foothills. The invitation was a poster with an Ansel Adams picture. 2. Last Thursday, the
Community Resource Group met to hear the county planning report about the EIR study for the
use permit of Stanford Land. She said it was essentially good news. The first draft of the EIR
Meeting 00-09 Page 8
will be available June 23 for public review and input and public hearings will begin in August.
3. She said she and C. Britton were meeting with Dolly Sandoval for a briefing about significant
issues in the District, its history, and future issues.
There was discussion about doing a VIP tour.
K. Nitz said that he and D. Little worked in a District booth at the Earth Day festival in Half
Moon Bay.
C. Britton: 1. The District is on the agenda for the Resource Conservation District meeting on
May 4 in Half Moon Bay at 6:00 p.m. 2. He distributed copies of the Santa Clara County
agricultural easement program. 3. The May revision of the State budget will be an estimate of
surplus. He said Ralph Heim thinks it will be a minimum of$10 billion. The question is what
happens to it. He had discussions with T. Lempert and B. Sher about possible legislation. 4.
Carol Nelson, former superintendent of San Mateo County Parks, is now working with the
Director of State Parks and is working with C. Britton on arranging a tour of District lands for
Rusty Arias. 5. Interviews will be held tomorrow and Friday for Public Affairs Manager. 6.
The Eberhard family would like to delay dedication of the bench for a year.
J. Escobar: 1. May 22 is the Board special meeting for trail policy issues. It will be held at the
Elks Lodge in Palo Alto at 7:00 p.m. 2. He said this was a great time of year to visit the Russian
Ridge grassland project.
K. Nitz returned the agenda to item 5.
E. Agenda Item 5—(continued)
S. Schectman reported that she spoke to the Town Attorney who told her that the funding
deadline is May 15. Their concern is getting it through Caltrans on time. The Town
Attorney said that the road will have to be repaired at some point. S. Schectman said this
was the most comprehensive plan to protect and restore the riparian vegetation that
would normally be seen in a project like this. She proposed the following alternatives:
1. Put it off until May 10 or to a special meeting) and work with the Town to make their
deadline, or 2. Add conditions to the easement to provide that the Town staff will work
with District staff to develop stream protection measures and construction techniques to
protect riparian vegetation and the environmental integrity of the creek from adverse
impact. She expressed concern that if in a year the road failed, the Town could come in
under emergency circumstances and do something worse like Caltrans did at
Thornewood. The District could have less control over it than it did now.
Motion: B. Crowder moved that the Board continue the item to May 10. M. Davey
seconded the motion.
Discussion following regarding scheduling a special meeting if necessary. C. Britton said
if they approved this tonight, they could send it with a strong message to the Town that
all this is an interim right of entry so they can get their funding, and that what they really
need are the easements to do the work and it takes a unanimous vote of the Board to
Meeting 00-09 Page 9
approve that. On May 24, it would be the Town's responsibility to present the proper
credentials to convince the Board that what they are doing is going to meet their criteria.
Vote: The motion carried 5 to I (N. Hanko voting no).
S. Schectman said staff would communicate the Board's comments to the Town of
Portola Valley.
IX. ADJOURNMENT
At 10:54 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary