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Home My Public Portal About20020925 - Minutes - Board of Directors (BOD) Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-19 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS September 25, 2002 MINUTES SPECIAL MEETING I. ROLL CALL Vice President Nonette Hanko called the meeting to order at 6:36 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Ken Nitz, Pete Siemens (arrived at 6:45 p.m.) Members Absent: Deane Little (arrived at commencement of Regular Meeting) Staff Present: Craig Britton, Susan Schectman, Mike Williams, John Escobar, and Sally Thielfoldt H. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session to discuss 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 7:15 p.m. REGULAR MEETING III. D. Little called the Regular Meeting to order at 7:35 p.m. He announced that the Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Cathy Woodbury IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 7 to 0. 330 Distel Circle • Los Altos,CA 94022-1404 . Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz *General Manager:L.Craig Britton Meeting 02-19 Page 2 VI. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the minutes of the Regular Meeting of June 12, 2002, and the Special and Regular Meetings of September 11, 2002; Agenda Item 2,Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manner's Employment Agreement: As a Result of the Board's Evaluation of the General Manner's Performance for the Period of March 10, 2001 through March 9. 2002 and Compensation Review for the Position, the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on the General Manner's Performance, and a 5% Cost of Living Salary Adjustment, Retroactive to March 9, 2002: Also, Because of the Delayed State Budget Process and Other Pressing Projects it is Recommended that the General Manner be able to Sell Back up to Two Weeks of Accrued Vacation in Addition to Any Vacation Sell Back Provided by Existing Board Policy-, Adopt the Attached Resolution Amendinp,the General Manner's Employment Agreement to Reflect an Adjusted Salary of$138,557.32, a 5%Meritorious Pa Award Totaling $6,597.97. and Allowing the Sell-Back of Up to Two Weeks Accrued Vacation; Agenda Item 3, Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement; As a result o the Board's evaluation of District General Counsel's performance for Fiscal Year 2000-2001, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on District General Counsel's performancf, i fiscal year 2001-2002 and a 5% cost of living increase for fiscal year 2002-2003, retroactive to April 1, 2002, Adopt the attached resolution amending,District General Counsel's Employment Agreement to reflect an adjusted 2/3-time salary of$86,117.68, a 5% meritorious pay award totaling $4,100.84, and an adjustment in vacation hours from 110 hours annually to 120 hours annually; and Revised Claims 02-15. P. Siemens seconded the motion. The motion passed 7 to 0. VU. SPECIAL ORDER OF THE DAY D. Little read the resolution honoring C. Britton for 25 years of service. Motion: P. Siemens moved that the Board adopt Resolution No. 02-34, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring the General Manager's 25 Years of Service. N. Hanko seconded the motion. The motion passed 7 to 0. C. Britton responded with thanks to Board Members and staff. VM. BOARD BUSINESS A. Agenda Item No. I —Approval of Recommendation to File a Letter Requesting the De- publication or Granting, of Supreme Court Review in the Matter of Johnston v. Sonoma Counjy Agricultural Preservation and Open Space District—(Report R-02-1 11). Meeting 02-19 Page 3 C. Britton added that he had received a call from the General Manager of the Sonoma County District. He told her that the problem he had was that the court's ruling in the case had lowered the bar on the protections under Public Resources Code Section 5540. S. Schectman said the Sonoma County District feels the decision is correct and that under the circumstances of this case there was the clear threat of condemnation and not a mere letter. However, in her opinion, that is not what the opinion stated. Sonoma County District feels that what they had done was in the interest of the environment. She talked about the result for Sonoma if the case were reversed or depublished. She agreed with C. Britton that the District could just ask for de-publication and not interject itself into the merits of the dispute. C. Britton talked about a past proposal by Santa Clara Valley Water District relevant to the court's ruling. S. Schectman clarified that the law does not state that open space land could never be condemned. There might be a situation where there is a critical public need that would overcome the presumption that public open space is the most necessary public use. However, staff feels that should be put to the test in court and that did not happen in this case. Motion: N. Hanko moved that the Board approve the filing of a letter requesting the de-publication in the matter of Johnston v. Sonoma Coty Agricultural Preservation and Open Space District. M. Davey seconded the motion. Discussion: S. Schectman said that Monterey Park District has agreed to send a similar letter; East Bay has declined to do so. She said she thought the chances that the Supreme Court would de-publish this were good. The motion passed 7 to 0. S. Schectman talked about what could happen in the future regarding dedicated land if the political climate were radically different than it is now. IX INFORMATIONAL REPORTS M. Davey thanked the Board for the resolution. K. Nitz said he had asked about signs at Jacques Ridge regarding water. C. Woodbury said that matter was going to the sign committee. K. Nitz asked about a replacement schedule for bikes. He thought that should be a budget item. J. Cyr had pictures of the old barn, near Woodside town hall and the District's red barn. Meeting 02-19 Page 4 L. Hassett said he would not be able to do the fog festival on Saturday as he is attending a celebration at Foundation for Global Communities at which he will be honored. D. Little: 1. He did a Director's hike last week. The group hiked to the top of Black Mountain. He had made contact with members of the Native Plant Society who he thought would be a good resource in the fight against star thistle. He talked about evidence of the weevil and other pests attacking star thistle at Edgewood, Russian.Ridge, and Montebello. He had samples of the thistle that had been attacked by the weevil and the false peacock fly. He passed out copies of an article about bio-control at Edgewood. C. Britton: 1. The new volunteer agreement and volunteer waiver was included in the FYIs. 2. A copy of the revised Pastorelli letter from L. Hassett was in the FYIs. 3. There is a San Mateo County legislative breakfast coming up in San Mateo County on October 19. 4. He had been invited to attend the California Legacy Project on October 16 and 17 talking about the future of what State Parks is trying to do. 5. He talked about a call he had received informing him that a woman named Lois E. Nelson had left the District the bulk of her estate. 6. He had been presented with the"Grand Order of the Tick" Award by Audrey Rust at a surprise lunch honoring his 251h anniversary with the District. 7. He talked about the November, December, and January Board Meeting schedule. N. Hanko suggested amending their procedures to accommodate the changes to the regular schedule. J. Cyr agreed. Discussion followed regarding scheduling of committee meetings. J. Escobar: 1. October 5 is the volunteer recognition event at the red barn. 2. The dedication of the Tafoni deck is scheduled for October 25. C. Woodbury: 1. People from the San Mateo Historic Society and the Historic Commission have been invited to the red barn event. 2. She announced that John Cahill is retiring as of October 8. J. Escobar talked about an accidental fatality that occurred on Russian Ridge Open Space Preserve. X. ADJOURNMENT At 8:37 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary