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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 06-09
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
March 8, 2006
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Jed Cyr called the meeting to order at 6:32 p.m.
Members Present: Jed Cyr, Ken Nitz, Pete Siemens (arrived at 6:38 p.m.), Deane
Little (arrived at 6:40 p.m.), Larry Hassett and Mary Davey
Members Absent: Nonette Hanko
Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Sally Thielfoldt,
Mike Williams, John Maciel, Kirk Lenington
11. CLOSED SESSION
J. Cyr stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda Items 1, 2 and 3.
The Board recessed to Closed Session at 6:33 p.m. and the Closed Session commenced at
6:33 p.m. The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
111. J. Cyr called the Regular Meeting to order at 7:35 p.m. He announced that the Board
had discussed Closed Session Agenda Items 1, 2 and 3 in Closed Session and that no
reportable actions had taken place.
Additional Staff Present: Rudy Jurgensen, Matt Freeman, Matt Sagues, Ana Ruiz,
Michelle Jesperson, Mike Foster
IV. ORAL COMMUNICATIONS
There were none.
V. ADOPTION OF AGENDA
K. Nitz pointed out that there was no time specified on the Agenda for the start time of
the Regular Meeting of the Board of Directors. S. Schectman replied that all of the times
listed were approximate and were not required to be shown.
Motion: K. Nitz moved that the Board adopt the amended agenda. M. Davey
seconded and the motion passed 6 to 0.
V1. ADOPTION OF CONSENT CALENDAR
K. Nitz removed Revised Claim number 4458 from the Consent Calendar. R. Jurgensen
explained that the microscopes were purchased for the Nature Center to replace the old
microscopes. K. Nitz also removed Agenda Items 4 Authorization to Execute an
Agreement with Frederic Knapp, Architect, for Construction Management Services at
Picchetti Ranch Open Space Preserve— (Report R-06-30), 5, Authorization to Amend
Consulting Contract with LFR Levine-Fricke to Provide Additional Traffic Engineering
and Design Services for the Proposed Staging Area at El Corte de Madera Creek Open
Space Preserve—(Report R-06-32). and 6, Repeat of Resolution 87-44 and Adoption o
Resolution Authorizing Disposal of Certain District Records Pursuant to Public
Resources Code Sections 5557.1 and 5557.2 —(Report R-06-36).
P. Siemens removed the letter in the Written Communications.
Motion: P. Siemens moved that the Board adopt the remaining Consent Calendar
items, including Revised Claims 06-06 and the Board Minutes of January
12, 2006 Special Meeting, K. Nitz seconded the motion. The motion
passed 6 to 0.
V11. WRITTEN COMMUNICATIONS
P. Siemens had a question regarding paving the road and certain language in the letter.
C. Britton stated that the previous letter sent by the District was incorrect and that the
District was taking responsibility to maintain its portion of the road. P. Siemens
suggested that the District should get a notarized letter from the Diablo and Portola
Heights neighbors when an agreement is reached and to have a standardized agreement.
C. Britton said that they have a good relationship with Margaret MacNiven. He added
that the existing road was never paved and he continued giving some historical
information about the area.
P. Siemens suggested changing the wording in the third paragraph, adding "the Board's
position" to the middle of the first sentence of that paragraph. Staff was instructed to
make that change and mail the letter.
Meeting 06-09 Page 2
Motion: P. Siemens motioned the approval of the Written Communications to Mr.
and Mrs. Obermayer including the wording change. L. Hassett seconded
the motion. The motion passed 6 to 0.
VIII. BOARD BUSINESS
A. Agenda Item No. I — Initial Presentation of the District's Budget for Fiscal Year
2006-2007—(Report R-06-34).
C. Britton introduced the item and thanked Michelle Jesperson for her work on
shepherding the process along. He reviewed the process.
M. Jesperson gave an overview of the staff report, pointing out changes from the
previous year. The Administration and Budget Committee had met four times in
February.
1. Real Property
M. Williams reviewed the percentage increases and pointed out the property
improvements planned for the year. L. Hassett asked why there was a decrease in
revenues, but an increase in expenses. M. Williams said there was a slight
increase in income, but the overall net income is a decrease due to increased
repair costs.
2. Planning
M. Freeman stated that the salaries were just slightly up from the 2005-06 budget
due to the GIS Intern and only budgeting nine months salary for the Planning
Manager positions. He said that grants will offset expenses for public access
planning projects, which are smaller than the resource management projects. He
said that Planning was not anticipating increases at the mid-year budget
adjustment similar to last year. The Coastside budget is less.
L. Hassett asked why the District's water truck fell under Planning's budget. C.
Britton replied that it had budgeted under the Coastside Protection Plan that is
part of the Planning Department's budget.
3. Operations
J. Maciel reviewed the increased percentages that included new positions to be
hired in 2006-07. Services and Supplies and Resource Management showed the
large percentage increases. Fixed Assets showed the largest increase over last
year's budget due to reassigning the water truck from the Planning budget to the
Operations budget and replacement and repairs for the District Ranger Patrol and
service trucks.
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D. Little asked for a breakdown of the salaries and benefits for the Operations
staff. J. Maciel gave the breakdown by position.
4. Public Affairs
R. Jurgensen reviewed the budget for Public Affairs. There were PERS increases
in the salaries and benefits section. The main points in the budget were to
maintain and continue to improve the District website; build media connections to
enhance the reputation of the District; and co-host the Special Districts Forum
(shared with East Bay Regional Parks District). He also did research in hiring a
public polling firm and determined that poll would cost approximately $50,000.
5. Administration
S. Thielfoldt discussed the percentage increase in staffing, which included moving
the Accounting Clerk and General Counsel to full-time. Budgeting for elections
costs is higher than previous due to the possibility of candidates from the Coast
taking out election papers (Ward 6). She also added that the District would be
upgrading its computer hardware and software.
C. Britton added that the General Counsel's Amendment to the Employment
Agreement would come before the Board reflecting the status change to full-time
employment.
C. Britton reviewed the attached Growth Guidelines and pointed out the main
change was increasing the scope of expenditures for land purchases and he gave
examples of potential clean-up projects. K. Nitz suggested that the clean-up work
should be given a time limit of eighteen months after purchase.
P. Siemens suggested that the Board should think about increasing the capital
expenditure amount from $500,000 to $700,000, which is a more realistic
number, or adding a certain percentage increase annually. He also suggested
adding a growth in land purchase on the attached 7% growth graph.
C. Britton finished by saying that the 2006-07 operating budget has an overall
increase of 13,8%, but over the past three years the growth rate has averaged 7%.
J. Cyr stated that no action was required by the Board. He thanked the
Administration and Budget Committee members and staff for their work.
B. Agenda Item No. 2 —Controller's Report on the Proposed Fiscal Year 2006-2007
Budge — (Report R-06-3 1).
M. Foster presented the staff report. He stated that the District's tax basis
remained strong. The State take-aways end in June 2006. There are excellent
land grant opportunities, and excluding grants and gifts, the District's budget is
Meeting 06-09 Page 4
very strong. He reviewed the I 0-year Cash Flow. He added that no new debt
issues were scheduled for this year; however there are opportunities to increase
cash by restructuring the current debt. C. Britton added that currently there are
sufficient funds to purchase new land.
K. Nitz asked M. Foster if he had ever gone back five years to see how actual
numbers compared. M. Foster replied that he does so each year.
No Board action was required. The Board of Directors thanked M. Foster for his
report.
C. Agenda Item No. 3 — Presentation of Vegetation Mapping,Results at Mills Creek
and Purisima Creek Redwoods Open Space Preserves and Surrounding Areas -
(Report R-06-33).
M. Sagues presented the staff report stating the results of the vegetation mapping
at Mills Creek and Purisima Creek Redwoods Open Space Preserves and gave a
PowerPoint presentation. This was the fifth vegetation mapping study the District
has done and the methodology has remained consistent with each project. M.
Sagues reviewed the maps displaying the area of study.
D,Little asked about the yellow star thistle mapping and asked why it was not
listed in the maps shown in the presentation. M. Freeman replied that the
mapping of the yellow star thistle was a separate project with separate mapping;
however, the yellow star thistle map could be overlapped on the vegetation map.
M. Sagues gave examples of how the vegetation map can be used. P. Siemens
added that he thought theses maps can be especially useful to show invasive
plants on District lands.
C. Britton acknowledged M. Sagues' work on this project. J. Cyr complimented
the work and the maps produced.
K. Nitz asked what was done about agricultural lands. M. Sagues replied that this
particular project did not include agricultural lands, but it would be easy to access
that information.
D.Little stated that this was exciting and important work. The map is a fine mesh
tool. His one concern was about the possibility of finding really rare plants, but
felt that this tool might enable people to pinpoint rare flora and fauna. He asked
M. Sagues if the consultant or staff were using and looking at that detail. M.
Sagues replied that they were, especially in Sierra Azul Open Space Preserve. He
added that the Master Plan is the best place to address these details.
Meeting 06-09 Page 5
No Board action was required. The Board accepted and thanked staff for the
information. J. Cyr concluded that it had taken the District 35 years to acquire
land, but in only the past five years has the District started mapping plants.
D. Agenda Item No. 4—Authorization to Execute an Agreement with Frederic
Knapp, Architect, for Construction Management Services at Picchetti Ranch
Open Space Preserve• Authorize the General Manager to Terminate the Existing
Consultant Services Agreement with Page & Turnbull and Execute a New
Consultant Services Agreement with Frederic Knapp, Architect, of San Francisco
for an Amount Not to Exceed $2 1,000 to Provide Construction Management
Services for the Seismic Upgrade and Access Improvements to the Winery
Building at Picchetti Ranch Open Space Preserve; Determine that the
Recommended Actions are Categorically Exempt from CEQA as Set Out in this
Repo — (Report R-06-30).
K. Nitz stated he had two concerns: (1) he prefers not to have large dollar
amounts requesting Board approval on the Consent Calendar; and (2) he asked if
there was a penalty to the District for terminating one contract when entering into
a new contract.
C. Britton addressed K. Nitz's first concern by stating that the Board and staff had
agreed that staff reports requesting approval of a dollar amount of$25,000 or less
could be put on the Consent Calendar. He added that if the Board wanted to
revise that amount that would be fine.
M. Freeman addressed K. Nitz's second concern by stating that there was no
penalty for terminating the contract. In fact, he added that the District and Page &
Turnbull had a very good working relationship that would continue.
P. Siemens had concerns about terminating a contract with one company and
giving the contract to an individual. M. Freeman replied that Page & Turnbull is
a small firm and that they agreed that it was a good business decision to terminate
this contract. P. Siemens asked if the individual was qualified since he was an
architect and not a construction manager. M. Freeman said that he was qualified
and that staff would be watching the progress of the project very closely.
J. Cyr added that this project has been tricky, especially with its historical aspect.
He asked if the contract could include the Board's construction management
concerns. C. Britton agreed with the historical aspect. S. Schectman said the
District's model contract allows the Board to cancel a contract, but the District
must pay for work completed.
P. Siemens said that he wanted staff to know he had concerns about getting value
for the District money.
Meeting 06-09 Page 6
Motion: M. Davey moved to authorize the General Manager to terminate
the existing consultant services agreement with Page & Turnbull
and execute a new consultant services agreement with Frederic
Knapp, Architect, of San Francisco for an amount not to exceed
$21,000 to provide construction management services for the
seismic upgrade and access improvements to the winery building
at Picchetti Ranch Open Space Preserve; and determine that the
recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this report. P.
Siemens seconded the motion. The motion passed 6 to 0.
E. Agenda Item No. 5—Authorization to Amend Consulting Contract with
LFR Levine-Fricke to Provide Additional Traffic Engineering and Design
Services for the Proposed Staging Area at El Corte de Madera Creek Open
Space Preserve; Authorize the General Manager to Amend a Consulting
Contract with LFR Levine-Fricke (LFR) for an Additional Amount of
$20 000 over the $57 500 Previously Authorized Amount to Provide
Additional Traffic Engineering and Design Services for a Staging Area at
El Corte de Madera Creek Open Space Preserve for a Total Sum Not to
Exceed of$77 500-, Determine that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act
(CEQA) as Set Out in this Report—(Report R-06-32).
L. Hassett stated that when he had attended the Use and Management
meeting there were two gentlemen seated by him and said the maps
presented at the meeting seemed to show another driveway entrance
option than those shown. L. Hassett asked if it was a worthwhile expense
to go ahead with the staffs proposal, rather than look at another option.
C. Britton replied that he had met with A. Ruiz and M. Freeman and they
agreed it is a worthwhile expenditure.
i the design was great and that the compromises are worth
P. Siemens said g P
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doing.
D. Little stated that he would like to see the site with staff and that he was
hesitant to spend the money. P. Siemens pointed out that a portion of the
money would go toward making changes. D. Little said there was a
significant amount of public voicing their concerns over the proposed
project, and was concerned that the public may hire their own consultant.
He added that they should consider not putting in horse-trailer parking
spots. C. Britton agreed that it is better to put horse-trailer parking by
Huddart Park rather than at El Corte de Madera Creek because of the high
bicycle use.
Motion: L. Hassett moved authorization to amend consulting
contract with LFR Levine-Fricke to provide additional
Meeting 06-09 Page 7
F
traffic engineering and design services for the proposed
staging area at El Corte De Madera Creek Open Space
Preserve; Authorize the General Manager to amend a
consulting contract with LFR Levine-Fricke (LFR) for an
additional amount of$20,000 over the $57,500 previously
authorized amount to provide additional traffic engineering
and design services for a staging area at El Corte De
Madera Creek Open Space Preserve, for a total sum not to
exceed of$77,500; determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this
report. D. Little seconded the motion
Discussion: K. Nitz asked further questioned the position of the
driveway and the horse-trailer parking. L. Hassett felt that
the turning radius planned would be too small for a horse-
trailer. K. Nitz thought that the parking capacity would
triple the amount of bicycle users in an already degraded
area. L. Hassett added that the proposed plan should
diminish use of the Skeggs Point parking lot.
S. Schectman said that all of the information gathered will
be helpful in the CEQA analysis. She said she will work
with M. Freeman to address the neighbors' concerns.
J. Cyr ended the discussion by stating that this project
would be a wise investment based on the public input.
The motion passed with 5 affirmative votes; I no vote cast
by K. Nitz.
F. Agenda Item 6 — Repeal of Resolution 87-44 and Adoption of Resolution
Authorizing Disposal of Certain District Records Pursuant to Public Resources
Code Sections 5557.1 and 5557.2; Determine that the Action is Not a Proposed
Project for Purposes of the California Environmental Quality Act-, Adopt the
Attached Resolution and Policy and Authorize Execution Thereof by the
President of the Board of Directors to Repeal Resolution 87-44 and Authorize
Disposal of Certain District Records Pursuant to Public Resources Cade Sections
5557.1 and 5557.2 — (Report R-06-36)
K. Nitz asked if this will increase the amount of work staff has to do. D.
Simmons replied that it may require a small increase of staff time.
P. Siemens asked clarifying questions about certain sections outlined in the
updated policy that were answered by D. Simmons.
Meeting 06-09 Page 8
S. Schectman acknowledged the work done by D. Simmons on this report and
policy revision, pointing out the short amount time there was to prepare both to be
presented to the Board that evening. The shortness of time was due to a change in
the Public Resources Code.
Motion: P. Siemens moved to repeal Resolution 87-44 and adoption of a
resolution authorizing disposal of certain District records pursuant
to Public Resources Code sections 5557.1 and 5557.2; Determine
that the action is not a proposed project for purposes of the
California Environmental Quality Act; Adopt the attached
Resolution and Policy and authorize execution thereof by the
President of the Board of Directors to repeal Resolution 87-44 and
authorize disposal of certain District records pursuant to Public
Resources Code sections 5557.1 and 5557.2; and pass Resolution
No. 06-09 of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing the Destruction of Certain
District Records, Papers and Documents. M. Davey seconded the
motion.
Discussion: There was further discussion about certain terminology used in the
policy between C. Britton, S. Schectman and members of the
Board.
The motion passed 6 to 0.
VIII. INFORMATIONAL REPORTS
S. Schectman reminded the members of the Board to state the dates and committee
meetings they attended since the previous Regular Meeting of the Board of Directors.
K. Nitz attended the Ad-Hoc Good Neighbor Policy meeting on March 7, and an
Administration and Budget Committee meeting on February 23, 2006.
J. Cyr attended the Special meetings on March 1, March 3, 4, 2006 and Ad-Hoc Good
Neighbor Policy meeting on March 7.
M. Davey attended the Administration and Budget Committee meeting on February 23;
the p g
h Special Board meetings on March 1, 3 and March 4, 2006.
in on February 23 and he
the Use and Management Committee meet ry ,
D.Little attended g g
t nded th
e Special Board meetings on March 1, 3 and 4, 2006.
ate g
p
L. Hassett attended the Use and Management Committee meetings on February 23 and
the Special Board meetings of March 1, 3 and March 4, 2006.
Meeting 06-09 Page 9
P. Siemens attended the Administration and Budget Committee meeting on February 23
and the Use and Management Committee meeting that same day; he attended the Special
Board meetings on March 1, 3 and 4, 2006.
M. Davey thanked staff for their presentation on March 3 and 4; she passed around the
program of Lois Hogle's memorial service.
D.Little: (1) He thanked staff and consultants at the Resource Management workshops,
especially K. Lenington's work. (2) He said that the wildlife on the District's preserves
are very visible this time of year.
L. Hassett also passed along his compliments to staff on the Resource Management
workshops.
P. Siemens: (1) He gave compliments to staff on their work for the Resource
Management workshops adding that he felt they went as well or better than expected.
I
(2) He attended the County Special District's meeting with C. Britton reporting that that
group can have ten compensable meetings at $200 per meeting per month plus mileage.
J. )
Cyr: 1 He said that staff did an excellent job at the Resource Management
(
workshops, g members noting that even after 8 hours, people, including audience ,
were still
engaged, and the follow-up on Saturday was great. (2) He went with C. Britton to
Sacramento and spent time with Ralph Heim. (3) He asked S. Schectman when the next
trial date was scheduled for LAFCo. S. Schectman replied that there would not be any
more hearings--they were now in post-trial briefings and all parties agreed to an
extension. She did not expect a decision until late April.
S. Thielfoldt asked the Board to vote for a Secretary Pro-Tem. J. Cy appointed L.
Hassett.
Motion: M. Davey moved that the L. Hassett be appointed the Secretary
Pro-Tem. P. Siemens seconded the motion. The motion passed 6
to 0.
C. Britton (1) Ile reviewed items included in the FYI's: his letter thanking the workshop �
panelists, a resolution to Carlo Fowler, the staff report that went to the City of Palo Alto.
(2) He pointed out the large wall map hanging in the Board room and told the Board that
staff would appreciate any input. (3) He confirmed attendance of everyone attending the
K. Fischer get-together. (4) He said that 6 of 7 Board members had registered for the
ethics training on March 16. (5) He and M. Davey met with Beth Ross at Hidden Villa
regarding possible public staging areas. (6) He went to Sacramento with J. Cyr and saw
Ira Ruskin, attended a Coastal Conservancy meeting and met with Ralph Heim. He
added that when Sacramento has money, there are "members days" which are
opportunities to come up with projects and request money to fund them. (7) He attended
the County's Special Districts meeting and saw Lisa Killough who was discussing the
park's charter which the group endorsed. (8) He handed out a report from the Bay Area
Meeting 06-09 Page 10
Open Space Council; (9) He met with Audrey Rust regarding the Resource Management
workshops. D. Little asked if she was happy with the program and C. Britton replied that
she was. He also spoke with her about working on a future project. (10) There was a de-
briefing with staff discussing the Resource Management workshops and staff will be
developing a timeline staff report which will come before the Board at a future meeting.
S. Schectman spoke about the upcoming ethics workshop stating that it would last
approximately 2 hours. She stated that it might be geared more toward city governments.
J. Maciel reported that two new Rangers were finishing the 8-week training course at the
Police Academy in Santa Rosa. C. Britton added that both would be brought before the
Board to be sworn in as District Rangers.
M. Williams told the Board that in the past week the Santa Clara County Board of
Supervisors approved the Hall property funding.
IX. ADJOURNMENT
At 9:55 p.m., the Regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District was adjourned.
Lisa Zadek
Recording Secretary
Meeting 06-09 Page 1 1