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HomeMy Public PortalAbout20060308 - Minutes - Board of Directors (BOD) Regional Open Space 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. Meeting 06-09 Page 3 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 g 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