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HomeMy Public PortalAbout20060614 - Minutes - Board of Directors (BOD) Meeting 06-15 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS June 14, 2006 MINUTES SPECIAL MEETING I. ROLL CALL President Jed Cyr called the Special Meeting to order at 7:03 p.m. Members Present: Jed Cyr, Ken Nitz,Nonette Hanko, Deane Little, Mary Davey, Pete Siemens Members Absent: Larry Hassett Staff Present: Craig Britton, Sally Thielfoldt, Sue Schectman, John Maciel, Jim Cimino 11. CLOSED SESSION J. Cyr 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 7:04 p.m. and the Closed Session commenced at 7:04 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 7:33p.m. J. Cyr stated that the Board discussed Closed Session Agenda items I and 2 and that there were no reportable items from the Closed Session. Additional Staff Present: K. Lennington, M. Freeman, C. Roessler, D. Simmons, R. Jurgensen, M. Williams, A. Ruiz New Staff Introduction: C. Roessler introduced the new Resource Planner 1, Lisa Infante, who gave her background information and the Board welcomed her to the District. IV. ORAL COMMUNICATIONS There were none. Meeting 06-15 Page I V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the Agenda. N. Hanko seconded the motion. The motion passed 6 to 0. V1. ADOPTION OF CONSENT CALENDAR M. Davey requested Agenda Item 8 be pulled for discussion. K. Nitz requested Agenda Item 9 be pulled for discussion. J. Cyr requested that one letter under Written Communications be pulled for discussion. K. Nitz asked for explanations of four Revised Claims, as follows: 4996 M. Freeman gave an update of the expenditure. 5020 J. Maciel said that new spikes were needed to replace the old spikes. 5028 J. Maciel said that this is a normal expense. 5034 M. Freeman said that these services were on an "as-needed"basis. N. Hanko abstained from Revised Claim number 4983. J. Cyr asked that the word "boast" be changed to the word "believe" in the 5th paragraph, 2"d line of the Dremarm response letter. Motion: M. Davey moved that the Board adopt the Consent Calendar, including the Board Minutes of April 26, 2006 and May 31, 2006 Special and Regular Meetings; Written Communications 2 letters, I letter to Dremann as amended; Agenda Item 6 Authorization to Amend the Contract with Richard Seymour and Associates for an Additional $13,250 for an Overall Amount Not to Exceed $41,450 to Survey and Assess the Presence of Sensitive Aquatic Amphibians and Reptiles on District Lands; Determine Recommended Actions are Categorically Exempt from CEQA; Agenda Item 7 Adoption of Resolution Supporting the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006•, and Revised Claims 06-11. P. Siemens seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Presentation by Deborah Gordon from the Department of Biological Sciences, Stanford University (Jasper Ridge Biological Preserve) on Invasive Species - (Report R-06-75). Meeting 06-15 Page 2 D. Little introduced the presenters of the report: Deborah Gordon, Professor of Biological Sciences at Stanford University, and Phillipe Cohen, Jasper Ridge Manager. For the presentation, D. Gordon showed PowerPoint slides about invasive species of different plants and animals, explaining that people carry new plants and animals to new environments and areas. She said that ecologists are very worried about invasives and that they are looking for reasons why invaders succeeded. The focus of D. Gordon's study is Argentine ants at Jasper Ridge. She explained that these ants are found in Mediterranean-type climates. The study has been running since 1993, and the ants are monitored for how and why they are spreading. Several areas of study are looked at, including habitat, other species, elevation, and distance to water. But, the best predictor of the spread of the ants is their proximity to people. The study looks at what determines the rate of the spread of the ants. Argentine ants are more active than native ants, they starve out the native ants, and they aggregate in the winter and disperse in the summer, or warmer months. The study is attempting to predict the spread. D. Little asked about the relationship between coyote brush and Argentine ants, and asked if we manage grasslands to maintain them as grasslands or do we let natural ecological succession occur. D. Gordon replied that they need to study this, as the grass is home to aphids, which feed the Argentine ants. D. Little said he saw this cascading into a"perfect storm"between a single invasive plant and single invasive species. D. Gordon disagreed and said there will never be a single invader. D. Little then introduced Philippe Cohen and asked him to say a few words. P. Cohen said that there were currently 68 study projects in the Jasper Ridge area, but that Jasper Ridge was only 1,200 acres, unlike the District's 50,000 plus acres. He said that although the Jasper Ridge area is small, it has a remarkable diversity that is similar to District lands. He sees Jasper Ridge as a stepping-stone for projects, and would support studies moving onto District lands. He continued saying that this study was a good opportunity to join networks to work together. K. Nitz asked if the researchers had an impact on the land. P. Cohen said there was no impact as the study areas are small. J. Cyr thanked both presenters. He added that such studies reinforced the District's management issues and long-term objectives in resource management on District lands. Meeting 06-15 Page 3 D. Gordon said that they were looking for projects gentle enough to recover, but are able to be manipulative to be useful. C. Britton reiterated that any proposals would go through the Use and Management Committee process, where the budget and grant program discussions could be made and then brought back to the full Board for consideration, N. Hanko requested that D. Little write a memorandum to the Board and then the Board could direct the memo to the Use and Management Committee and staff. B. Agenda Item No. 2 - Program Evaluation for the 2005-2006 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District, Comment on and Accept Staff s Program Evaluation Report - (Report R- 06-71) C. Britton gave an overview of the report stating that he had asked each Manager to give a summary highlighting items of interest to the Board. At this time C. Britton also announced that M. Freeman had successfully applied, and was officially the new Planning Manager. The Board gave a short applause to this announcement. 1. Real Property Department M. Williams outlined some key points in the staff report, including the District: (1)purchasing or entering into Management Agreements for approximately 1,200 acres, including the POST/Miramontes Ridge property which was purchased entirely with grant funding; (2) signing a Management Agreement with POST for the former Forde property; and (3) receiving over $3 million in grants. M. Williams stated that all of the District rentals were fully occupied and in good standing, adding that the tenant holding the lease for the Thomewood property had restored the turret. The Land Protection area was in transition this year with a turnover in staff, but the new person was getting up to speed in good time. N. Hanko asked M. Williams about the Rapley Ranch property and whether there was a barn on it. M. Williams replied that there was a barn, but that the structure had many problems, although it is a scenic structure. C. Britton added that POST may have an interest in stabilizing the barn. N. Hanko asked about the Bay Trail and the final two sections needed to complete it. M. Williams replied that one section will have some testing occur and that he was responding to a draft agreement(started 9 years ago). C. Britton said the 2 nd section is privately owned and that the City of East Palo Alto is aware of the District's interest in the property"down the road." N. Hanko asked to be kept informed on any progress or matters concerning East Palo Alto. Meeting 06-15 Page 4 In conclusion, M. Williams made special mention of the excellent work D. Woods had done working on the grant applications. 2. Planning Department M. Freeman reviewed some of the District Planning Department's successes for the year. They included: a. Master Plans: La Honda Creek Open Space Preserve - all Planning staff has worked on the environmental assessment; Sierra Azul Open Space Preserve - there was a successful public outreach meeting. b. Resource Management Strategic Plan: completed erosion inventory; updated Resource Inventory database; water quality monitoring. c. Capital Improvement Program: Planning staff worked closely with the Open Space Technicians on completing the Pulgas Ridge Open Space Preserve parking lot; also at Pulgas Ridge staff found the source of the oil leak and coordinated the clean-up with the County of San Mateo; and at Pichetti there were permitting delays, but the work is now underway. d. Formalized trail use on four trails. e. Worked closely with Land Management/Acquisition Department staff. f. All District offices now have the same updated wall map, which was created in-house. N. Hanko asked if the Board can look at the prepared GIS map for steelhead trout. M. Freeman said they could. N. Hanko asked if the in- stream monitoring had something else to do with fish and M. Freeman replied that the stream monitoring was just looking at soil erosion. N. Hanko said that she is interested in items related to fisheries on District land. K. Nitz asked if the Regional Resource Classification report was available for the Board's review. M. Freeman said that the maps can be made available. K. Nitz asked why a bridge had been fast-tracked. M. Freeman explained that the District became a full owner over Dennis Martin Road and the neighbors influenced fast-tracking the project. K. Nitz said he felt the Windy Hill projects were slow-tracked and asked why. M. Freeman said that the lower Windy Hill projects would get worked on this year. K. Nitz asked why the water quality monitoring was just at El Corte de Madera Creek Open Space Preserve and no other preserves. M. Freeman replied that the monitoring did occur a little at La Honda Creek OSP, but no others at this time. K. Nitz asked if the District ponds are "alive" and if there were red-legged frogs and M. Freeman said there were. Meeting 06-15 Page 5 P. Siemens asked if the historical analysis on Almaden could be found on the web site. M. Freeman said it was not currently as it is still in draft form. 3. Operations Department J. Maciel started his presentation by reviewing the new staff, including three rangers and the Resource Specialist. The Operation's Manual was completed, having two legal reviews. He said that the Resource Management program gave the Planning and Operations staff the opportunity to work closely together. He then asked C. Roessler to review the Resource Management topics. C. Roessler said she would review five major projects, two of which were not initially planned for. They included: a. Slender False Brome. Staff controlled this invasive at Thornewood, La Honda Creek, and El Corte de Madera Creek Open Space Preserves. N. Hanko asked if staff had contacted Filloli regarding the False Brome issue and C. Roessler said they had not yet. She added that the issue was featured in new media and there was great public outreach. b. Sudden Oak Death. C. Roessler reviewed the monitoring process; that they are in their second year of using best management practices; and there have been a series of workshops with Board and District staff. C. Develop Native Grass Seed. Pacific Coast seed has local seed and is able to meet the needs of the District. The District has purchased 24 bags, which is enough for two to three years. D. Little asked how big each bag is. C. Roessler answered that each bag holds 20 pounds and covers approximately one acre. N. Hanko asked if the Arastradero Preserve had different grass, and C. Roessler said there was no real difference. d. Resource Management Hours. Staff spent 5,400 hours on Resource Management projects; Volunteers spent 1,500 hours and the Conservation Corp. spent another 1,500 hours. e. Resource Management Review. Worked with Planning and Administration Departments on the workshops. Lots of Meeting 06-15 Page 6 information was exchanged. Staff is now working on future action items. N. Hanko commented on item 7 in the report and said she would be interested in seeing the information on trout genetics. C. Roessler replied that the County of Santa Clara did this study, but there were no results yet. D. Little said he was concerned about the diagnostic procedure for processing Sudden Oak Death samples and said he hoped the District's procedures were the same as the researchers. He also said he was concerned the process was too restrictive and wanted to be able to work quicker. He asked if the District had a way to assume and by-pass sending samples to the lab. C. Roessler answered that District staff is trained by the state in using their standards. She said it is easy to submit samples to the lab and responses are received back from between two weeks to six months. D. Little asked if staff has been trained to spot sites and C. Roessler said they have. D. Little said he has heard that staff is working on items from the Resource Management Review workshop and said he would like to see more interactions between staff and the Board. N. Hanko added that the Board as a whole should be notified of Resource Management activities. C. Britton said that he had just received the consultant's report and it will be distributed to the Board. D. Little asked when the Basic Policy was going to be re-written. C. Britton stated that they want to get the other policies together first (ie: grazing) before re-writing the Basic Policy. They also need to write Agriculture Policies. K. Nitz asked if the researchers will use a control when they do their injections for the Sudden Oak Death study. C. Roessler said there would be a control study. 4. Public Affairs R. Jurgensen reviewed some of the high-points of the work his department did. He was happy to report that they had completed the majority of their projects. Media. Produced 24 news releases and over 100 articles. Meeting 06-15 Page 7 Legislative, Finance, and Public Affairs Committee. Worked on the Good Neighbor Policy. There were four public meetings, including two on the coast. Community Programs. Increased participation, and updated the Volunteer Handbook. N. Hanko said she thought the e-nature looked very exciting and asked when it would be ready. R. Jurgensen said that the contractor on that project was holding up the process. D. Little suggested that the docent-led hikes include photography walks similar to what is offered through Yosemite. N. Hanko asked if any art groups participated in the programs. K. Nitz said the art groups are not organized, but there are individuals who do that. N. Hanko asked of the District's Trail Handbook was available at the Administrative office and R. Jurgensen said it was. P. Siemens asked if the District still has a lobbyist for the Sierra Azul project. R. Jurgensen said that the District does; however, it is useless to pursue at this time, due to the current politics locally and nationally. 5. Administration. S. Thielfoldt gave the highlights of the past year, which included noticing 21 Board meetings, filling 15 positions, and continued on-going labor negotiations. P. Siemens asked about the Coastside Service Plan and how the tax is based on the Driscoll Ranch. C. Britton said the tax is based on the assessment of what POST paid, adding that fire taxes are lower than school tax. Legal Sub-Program. S. Schectman said it had been a year for the District's legal team in which very longstanding projects had been completed. She gave special mention to the outstanding work D. Simmons has achieved on these, including the completion of the mercury NRDA process, the Site 25 Remediation Standard Upgrade, and the Dennis Martin Road quiet title project. The Board accepted the staff report. C. Agenda Item No. 3—Authorize the General Manager to Amend the Agreement with EDAW, Inc., of San Francisco for an Additional $57,250, for a Total Meeting 06-15 Page 8 Contract Amount of$265,250 for Master Planning Services at Sierra AzuI and. Bear Creek Redwoods Open Space Preserves—(R-06-73) A. Ruiz reviewed the staff report and gave highlights. She said that this was the first Master Plan in 20 years, and the area included approximately one-third of the District's acreage. She added that by amending this agreement the result would keep the success of the project going due to the shortage of staff. Motion: M. Davey moved that the Board authorize the General Manager to amend the agreement with EDAW, Inc. of San Francisco for an additional $57,250, for a total contract amount of$265,250 for Master Planning Services at Sierra Azul and Bear Creek Redwoods Open Space Preserves. P. Siemens seconded the motion. Discussion: J. Cyr stated that it is critical that the District and its consultants do this Master Plan process correctly. Vote: The motion passed 6 to 0. D. Agenda Item No. 4—Authorization to Award Contract to Ram Building Company for Structural Repairs and New Decking at the Former Haves Property; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in This Report; Authorize the General Manager to Execute a Contract with Ram Building Company of Campbell, California for the Base Bid Amount of$56,840 plus $6,080 for a Trex Decking Upgrade, $19,915 for a Wrought Iron Guardrail, and a Contingency Amount of Up to $8,200 for a Total Amount Not to Exceed $91,035 for the Structural Repair and New Decking to the House on the Former Hayes Property, El Sereno, Open Space Preserve—(R-06-69) M. Williams reviewed the staff report, pointing out that the report's request for authorization to approve the bid was more than the staff estimates of the project, and that there were two bid alternatives. P. Siemens asked how many people took out papers for the bid. M. Williams said that three took out papers and two submitted bids. Motion: M. Davey moved for authorization to award contract to Ram Building Company for structural repairs and new decking at the former Hayes Property; determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; and authorize the General Manager to execute a contract with Ram Building Company of Campbell, California for the base bid amount of $56,840 plus $6,080 for a trex decking upgrade, $19,915 for a wrought iron guardrail, and a contingency amount of up to $8,200 Meeting 06-15 Page 9 for a total amount not to exceed $91,035 for the structural repair and new decking to the house on the former Hayes Property, El Sereno Open Space Preserve. N. Hanko seconded the motion. K. Nitz voted against the motion. The motion passed 5 to 1. E. Agenda Item No. 5—Authorize the General Manager to Amend the Contract with LFR Levine-Fricke to Provide Environmental Services for an Additional $36,000 in an Overall Amount Not to Exceed $80,475 for Petroleum Product Release Source Investigations at Pulgas Ridge Open Space Preserve, and Approve the Additional Expenditure Thereof-, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in This Report—(Report R-06-72). K. Lennington gave a brief review of the staff report, pointing out that the contamination was seen in all pipes removed from the site. K. Nitz asked about the pipes at the top of the property, and K. Lennington replied that they were clean. Motion: M. Davey moved that the Board authorize the General Manager to amend the contract with LFR Levine-Fricke to provide environmental services for an additional $36,000 in an overall amount not to exceed $80,475 for Petroleum Product Release Source Investigations at Pulgas Ridge Open Space Preserve, and approve the additional expenditure thereof; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. K. Nitz seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 8—Adoption of Proposed Amendment to the District's Rules of Procedure to Conform Rule 2.12 to Section 5532 of the Public Resources Code and Declare the Board's Policy Not to Permit Unopposed Candidates to Have Their Names Appear on the Ballot—(Report R-06-70). K. Nitz asked about the candidate statement wording length being 200 words. S. Schectman answered that the Board can approve either a 200-word or 400-word candidate statement, and that in the past the District's Board has elected to pay for candidate statements kept to 200 words. K. Nitz said he thought this seemed emphatic. C. Britton said that this was codifying what had previously been done. Motion: M. Davey moved that the adoption of proposed amendment to the District's Rules of Procedure to conform Rule 2.12 to Section 5532 of the Public Resources Code and declare the Board's policy not to permit unopposed candidates to have their names appear on the ballot. K. Nitz seconded the motion. The motion passed 6 to 0. Meeting 06-15 Page 10 G. Agenda Item No. 9—Calling of District Elections in Wards 1, 2, 5 and 6 for November 7, 2006; Requests for Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties; Adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services— Santa Clara County for Wards 1, 2, and 5; Adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services - San Mateo County for Wards 5 and 6; Adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services— Santa Cruz County for Ward 2; Adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing Any Unopposed Candidate for Election on the November 7, 2006 Ballots of Santa Clara, San Mateo and Santa Cruz Counties—(Report—R06-64). N. Hanko pointed out that the staff report did not state where the papers should be obtained, and she asked S. Schectman to explain the process. S. Schectman replied that candidates must pick up their papers at the District's Administrative office and that the papers should also be filed at the District's Administrative office with the District Clerk. S. Schectman also handed out to the Board the candidate procedure sheet from the previous election. Motion:. M. Davey moved the calling of District elections in Wards 1, 2, 5 and 6 for November 7, 2006; requests for election consolidation services from Santa Clara, San Mateo, and Santa Cruz Counties; adopt Resolution No. 06-17 of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— Santa Clara County for Wards 1, 2, and 5; adopt Resolution No. 06-18 of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services - San Mateo County for Wards 5 and 6; adopt Resolution No. 19 of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services— Santa Cruz County for Ward 2. K. Nitz seconded the motion. Discussion: D. Little wanted to emphasize that the County knows that the District's papers are to be picked up at the District's Administrative office only. M. Davey asked when the final date to file was. P. Siemens stated that the deadline to turn in papers is August 11, 2006. J. Cyr reiterated that it is mandatory to obtain 50 signatures. Vote: The motion passed 6 to 0. Meeting 06-15 Page 11 VIII. INFORMATIONAL REPORTS (Including Reporting on Compensable Meeting Attendance) P. Siemens reported that he attended the Sierra Azul Ad Hoc Committee meeting on June 13, and that the other compensable meeting was this Board meeting dated June 14, 2006. D. Little attended the Bay Area Open Space Council seminar and participated in interesting conversations and said he was astonished by the number of people in attendance. He reported that his only compensable meeting was this Board meeting dated June 14, 2006. He said he e-mailed staff about clearing plots and photographing areas. He is planning on spending a workday with the District Open Space Technicians and have a ride-along later in the month. N. Hanko reported that she attended the June 6 Legislative, Finance and Public Affairs Committee meeting. They discussed the Hogle bench location, and there will be a report about that. She said the Good Neighbor Committee has not met and that R. Jurgensen worked out a program to reply. (R. Jurgensen said he had received only one comment so far and will be doing some media interviews and sending e-mails to interested people.) N. Hanko went to the Bay Area Open Space Council event and met two women from the San Francisco Urban Forest project. She handed out information for funding information for bond measures. She reported that she attended the June 12 Sierra Azul Ad Hoc meeting. K. Nitz said that he could see people hiking on trails at Windy Hill using the Google-4 website. He asked staff if they had found a geologist yet for Thornewood, and C. Britton replied that they had not. K. Nitz asked J. Maciel about the Harding grass at Pulgas Ridge, and J. Maciel said he would call the field office and then call K. Nitz about that. He reported that the goats had arrived last week. This meeting was his only compensable meeting. M. Davey attended the Bay Area Open Space Council event and found it very interesting. She reported that the PLAN organization has all of its signatures—62,000, and they plan to deliver the petition to the Board of Supervisors at its June 20, 2006 meeting in hopes of putting it on the ballot for November. This meeting was her only compensable meeting. J. Cyr said he attended the June 12 Sierra Azul Ad Hoc Committee meeting. He, too, went to the Bay Area Open Space Council event and said it was a wonderful opportunity to get and share information. He said he appreciated that so many staff attended the meeting too. On June 5 he attended the Special Park Districts Forum. P. Siemens went to the Bay Area Open Space Council meeting, and he suggested having a working-type meeting in the future. The networking is good, but with so many people there he though it would be better to focus the topics to discuss. C. Britton commented on the Bay Area Open Space Council's new Executive Director, saying that she has only been in the position about six months. He is on the Executive Meeting 06-15 Page 12 Committee and can bring suggestions for future events up at their meetings. C. Britton pointed out certain "FYI" articles. He said there were two Santa Clara County Grand Jury reports; one covered the Santa Clara County Open Space Authority and MROSD, which was positive, with a few clarifying corrections to be made; the second was a very negative report about four very small special districts in the County. C. Britton also said the San Clara Valley Water District wants to get out from under the governance of the Santa Clara Board of Supervisors. With regard to legislation, he said AB 1679 (Mullin) would transfer a piece of Devil's Slide right-of-way for recreation and open space, and that the bill has now been amended to delete that portion. He said there would be quarterly meetings to discuss the San Mateo coast issues. S. Thielfoldt said that the District had received its first state mandate reimbursement check for$5,000 from the State of California. This reimbursement is based on Board Meeting costs based on the Brown Act. The District has been submitting requests for reimbursements for the past several years and this is the first time there has been any money received. J. Maciel told the Board that the District has a new hybrid staff car. He said that G. Baillie had made follow-up telephone calls for background checks for the LA Consulting Group and he received good referrals. They decided the contract would go into two phases. IV. ADJOURNMENT At I 1:00prn the Regular meeting was adjourned. Lisa Zadek Recording Secretary Meeting 06-15 Page 13