HomeMy Public PortalAbout20050622 - Minutes - Board of Directors (BOD) Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-13
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
June 22, 2005
MINUTES
SPECIAL MEETING
I. ROLL CALL
Vice President Jed Cyr called the meeting to order at 6:33 p.m.
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Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Deane Little
(arrived at 7:32), Ken Nitz, Pete Siemens
Members Absent: Larry Hassett
Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Duncan
Simmons, Rudy Jurgensen
II. CLOSED SESSION
J. Cyr stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Items 1, 2, 3, 4 and 5.
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The Board recessed to Closed Session at 6:34 p.m. and the Closed Session
commenced at 6:34 p.m. The Board concluded the Closed Session at 7:25 p.m.
REGULAR MEETING
III. J. Cyr called the Regular Meeting to order at 7:30 p.m. He announced that the
Board had discussed Closed Session Agenda Items 1, 2, 3, 4 and 5 in Closed
Session and that no reportable actions had taken lace.
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Additional Staff Present: Kirk Lening tan, Gordon Baillie, Michael Williams,
Mike Foster, John Maciel, Cathy Woodbury, Cindy Roessler, Jim Cimino,
Michelle Kneier, Pamela Naito
I .V ORAL COMMUNICATIONS—There were none.
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Meeting 05-13 Page 2
V. INTRODUCTIONS
J. Cimino introduced Michelle Kneier, Accounting Clerk; and Pamela Naito,
Administrative Assistant, new employees in the Administration Department.
VI. ADOPTION OF AGENDA
C. Britton requested that the Board re-order the agenda to accommodate members
of the audience.
Motion: K. Nitz moved that the Board adopt the re-ordered agenda. P.
Siemens seconded and the motion passed 6 to 0.
VII. ADOPTION OF CONSENT CALENDAR
Staff answered questions about claims as follows: #2887, LFR Levine Fricke —
Pulgas bridge and Corte Madera staging areas; #2855, County of San Mateo —
building permit for Pulgas bridges, retaining wall; #2860, Dahn Design, LLC —
interpretive outdoor signs for Daniels Nature Center; #2863, Design Concepts —
design services for newsletter, brochures, cards; 42873, Gilroy Motorcycle Center
—more helmets for ATV users; #2878, IEDA, Inc. —will be bringing something to
the Board in 6-8 weeks; #2889, Lisa Bush— on-site assessment she did with Matt
Freeman (Board will see report if requested); #2896, Office Depot — supplies
including copy paper; #2906, R. E. Borrmann's Steel Co., Inc. — staff will report
back; #292 1, Seever, Richard DBA Rural Pig Management—46 hours in May, 14
pigs during April and May; 42936, William Flaxington — copyright for
photograph used on bulletin boards.
Motion: P. Siemens moved that the Board adopt the Consent Calendar,
including minutes of the April 6, 2005 Special Meeting; and the
April 15, 2005 Special and Regular Meetings; draft responses to
letters from C. Lee McKenzie, 221436 Roaring Water Way, Los
Gatos; and Jenny Whiteman, 21405 Roaring Waterway, Los Gatos;
Agenda Item 6, Contract for Dispatch Services with City of
Mountain View; Authorize General Manager to Execute
Agreement with City of Mountain View to Provide Twenty-four
Hour Radio Dispatch Services for the Period of July 1, 2005
Through June 30, 2006 Not to Exceed $26,000; and Revised
Claims 05-11. K. Nitz seconded the motion. The motion passed 5
to 0, with Dir. Nitz abstaining on Claim 2893. Dir. Hanko absent
for vote.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 — Presentation from Coastal Conservancy — (Report
R-05-68).
Meeting 05-13 Page 3
C. Britton introduced Tim Duff, Project Manager with the Coastal
Conservancy.
Mr. Duff presented historical information about the California Coastal
Trail and talked about goals and objectives. He showed pictures of the
Cowell Purisima Coastal Trail and talked about the background and plans
for the trail.
Mr. Duff answered questions regarding shoreline erosion, noting that
about 50 percent of the trail is already constructed. He said the cost of
constructing this three-mile section is estimated at $2 million.
N. Hanko asked if there was suitable access to the beach at the northerly
terminus of the trail. Mr. Duff said there are stairs that go down to North
Beach. N. Hanko commented that the Montara Beach access is well done.
Mr. Duff presented copies of the Coastal Trail report to Board and Staff
Members.
B. Agenda Item No. 3 - Authorize General Manager to Execute Permit to
Enter for the Purpose of Santa Clara County Fire Department to Conduct a
Controlled "Training" Bum on the Rancho de Guadalupe Area of Sierra
Azul Open Space Preserve for Training Purposes and to Enter Other Areas
as Specified for Related Training Not Involving Live Fire; Determine
Recommended Actions are Categorically Exempt Under CEQA — (Report
R-05-65).
G. Baillie introduced Fire Captain Tom Tomell of Santa Clara County Fire
Department and presented the staff report.
J. Cyr commented on his experience as an observer of the previous bum
and how valuable he thought the training was.
Captain Tornell thanked the District for the opportunity and said he is the
Incident Safety Officer for this burn.
C. Roessler said the exotic referred to on page 2, item 4, of the report was
Harding grass and told where it is located.
G. Baillie showed where previous bums had occurred. He said extensive
studies had been done in 1997 regarding endangered species in the area.
D. Little suggested monitoring the reduction of non-natives and the
growth of natives in the burn area. C. Roessler said they have been
conducting monitoring.
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Motion: N. Hanko moved that the Board determine that the
recommended actions as set out in the staff report are
categorically exempt under the California Environmental
Quality Act(CEQA); and authorize the General Manager to
execute the Permit to Enter for the purpose of allowing the
Santa Clara County Fire Department to conduct a
controlled burn, for training purposes, at the Rancho de
Guadalupe area of Sierra Azul Open Space Preserve, and to
enter other areas as specified for related training not
involving live fire. P. Siemens seconded the motion. The
motion passed 6 to 0.
C. Agenda Item No. 5 - Issuance of 2005 Refunding Promissory Note;
Approve Resolution Authorizing Execution and Delivery of Indenture,
Escrow Agreement and Other Documents Related Thereto Required to
Complete Issuance and Sale of$5 Million Refunding Promissory Notes—
(Report R-05-67).
M. Foster presented the report. He will provide copies of the documents
to Board Members.
N. Hanko thanked M. Foster for watching out for the District's interests.
Motion: K. Nitz moved that the Board approve Resolution No. 05-
18 A Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving the
Forms of and Authorizing the Execution and Delivery of an
Indenture for the Midpeninsula Regional Open Space
District 2005 Refunding Promissory Notes and a Contract
of Purchase for Said Notes, Approving a Preliminary
Official Statement and Providing pp
for the Approval of a
Final Official Statement for Said Notes and Authorizing the
Execution and Delivery of a Continuing Disclosure
Agreement for Said Notes and an Escrow Agreement and
Other Documents Related Thereto. N. Hanko seconded the
motion. The motion passed 6 to 0.
D. Agenda Item No. 2 - Adopt Amendments to the District's Resources
Policies Chapter 7• Water Resources—(Report R-05-69).
K. Lenington presented the report, noting that it contained two versions of
the document, a strikeout/underline version and a "final" version which
included text revisions and explanatory sidebars. He said the entire
Resource Management Policy document would be reformatted to include
photographs when all policy revisions are completed. At that time, the
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entire document will be brought to the Board for final adoption. The next
policy topics to be addressed are grazing and agriculture.
N. Hanko commended staff for the re-organization of the document,
stating that it made it much more readable. She suggested including
specific reference to the Stevens Creek Watershed along with the other
key watersheds in the Watersheds sidebar on page 13-1. Discussion
followed regarding inclusion of reference to all watersheds in the
document. K. Lenington noted that other agencies have different
definitions of watersheds.
K. Nitz suggested the following changes to the report:
Attachment A:
• Page 13-2, third paragraph, strike the word "predictable" in the
first line.
• Page 13-2, sixth paragraph, capitalize the words "Water Resources
Policies."
• Page 13-3, paragraph 7.1, third bullet—explain the terms more.
• Page 13-3, paragraph 7.2, first bullet, change to read, " Manage
human activities . . . re-route and/or re-design existing trails . . . ."
• Page 13-4, paragraph 7.5 — add sidebar to define "watershed
units."
• Define "fisheries habitats."
Attachment B:
• Page 13-1, first paragraph, change third sentence to read, "In
general. . . . (ponds, sag ponds . . . )."
• Page 13-1 — paragraph headed Watersheds Within the District —
define briefly what a watershed is.
D. Little suggested removing the term "artificial" on page 13-4, paragraph
7.6, first bullet, second sentence. He also inquired about the construction
standard on trail outsloping.
N. Hanko stated that each policy section needed to be heard on the coast.
C. Woodbury said staff could present this section to them when they
conduct the grazing workshop.
P. Siemens agreed that this policy should be included with the grazing
policy at the coastal workshop.
Motion: P. Siemens moved that the Board tentatively adopt the
amendments to the District's Resource Management Policy
Chapter 7: Water Resources. D. Little seconded the
motion. The motion passed 6 to 0.
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E. Agenda Item No. 4 - Authorize General Manager to Execute License and
Management Agreement with Peninsula Open Space Trust (POST), Adopt
Resolution Approving Amendment to Application for Grant Funds from
Habitat Conservation Fund Program for the Addition of the POST
Property as an Addition to Purisima Creek Redwoods Open Space
Preserve (San Mateo County Assessor's Parcel 066-240-020)-, Determine
Recommended Actions are Categorically Exempt Under CEQA — (Report
R-05-70).
M. Williams answered questions regarding the item.
Motion: P. Siemens moved that the Board determine that the
recommended actions are categorically exempt under the
California Environmental Quality Act (CEQA) as set out in
the staff report; authorize the General Manager to sign the
License and Management Agreement (the "License") with
Peninsula Open Space Trust (POST), subject to approval
by the General Manager and General Counsel of minor
revisions to this agreement which do not substantially
change any material terms; and adopt Resolution No. 05-17
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving an Amendment to
the Application for Grant Funds for the Local Agency
Grant Program — Fiscal Year 1998-1999 Under the Habitat
Conservation Fund Program of the California Wildlife
Protection Act of 1990 for the Following Project: Lobitos
Creek Headwaters Addition (Peninsula Open Space Trust
Property Acquisition). N. Hanko seconded the motion. The
motion passed 6 to 0.
IX. INFORMATIONAL REPORTS
N. Hanko shared an album of photographs depicting recent District activities.
K. Nitz: 1. He had a question about an item in the Monthly Field Activity Report
in the FYIs regarding mail found. J. Maciel said that staff had turned it over to
the Sheriff in the past and he would find out what had happened this time. 2. He
asked if they could install something in parking lots so drivers cannot do
"donuts."
M. Davey: 1. She said the 50,000 acre party was a brilliant success and thanked
staff. 2. She thanked the District for sending her to the Not-So-Annual
Conference in Monterey and the Special Districts Forum in Detroit.
D. Little: 1. He said both the conferences were excellent. 2. He had noticed
during hikes that the weevils are doing an incredible job on the yellow star thistle
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in various preserves. He said they now need to address a purple thistle that he had
seen growing. J. Maciel informed him that they would be adding 2,000 weevils in
June and July. C. Britton said staff would follow up on making sure the weevils
were free of parasites.
P. Siemens: 1. He agreed that the 50,000 acres celebration was well done. 2. He
had attended a productive meeting at Bear Creek Stables. 3. He will be meeting
with mountain residents on June 29 and will miss the Board meeting.
J. Cyr: 1. He echoed what others said about the events. 2. He will be attending
the staff picnic Friday. 3. He hiked at Castle Rock and said the wildflowers were
still beautiful.
C. Britton: 1. He distributed a calendar of upcoming meetings. 2. The
California State Parks Foundation is meeting at Hearst Castle on October 15.
S. Schectman updated the Board Members on the Attorney General's opinion
regarding police powers.
Motion: P. Siemens moved that the Board re-open Oral Communications. K. Nitz
seconded the motion. The motion passed 6 to 0.
Jenny Whitman, 21405 Roaring Waterway, Los Gatos, said she would like to
know if the District wants to keep the stable at Bear Creek. She thanked them for
the letter but said it did not answer her questions about the District's plans.
C. Woodbury talked about the process for the master plan which included focus
group meetings. By the end of the fiscal year, they should have a good idea of
what the plan will look like.
N. Hanko announced an invitation from Bill Cook to his July 4 barbecue.
X. ADJOURNMENT
At 10:05 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary