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HomeMy Public PortalAbout20060927 - Minutes - Board of Directors (BOD) Meeting 06-24 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS September 27, 2006 MINUTES SPECIAL MEETING I. ROLL CALL President Jed Cyr called the Special Meeting to order at 5:30 p.m. Members Present: Jed Cyr, Mary Davey, Larry Hassett, K. Nitz and N. Hanko Members Absent: Pete Siemens Staff Present: C. Britton, Sally Rice, Sue Schectman, K. Lennington, M. Freeman 11. GRAZING POLICIES STUDY SESSION K. Lennington led a discussion and study session to review the proposed District Drall Grazing Management Policy and facilitated the discussion between the Board, staff and public. The Special Meeting ended at 7:00 p.m. and there was a 10 minute break before the Special and Regular Meeting began. SPECIAL AND REGULAR MEETING 111. J. Cyr called the Special and Regular Meeting to order at 7:12 p.m. Additional Staff Present: G. Baillie, M. Newburn, R. Jurgensen, M. Reeves, D. Woods, M. Williams IV. ORAL COMMUNICATIONS -There were none. V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the Agenda. K. Nitz seconded the motion. The motion passed 5 to 0. Meeting 06-24 Page I V1. ADOPTION OF CONSENT CALENDAR N. Hanko asked to abstain from Revised Claims numbers 5549 and 5605. Motion: K. Nitz moved that the Board adopt the Consent Calendar, including Agenda Item 6 Adopting Resolution No. 06-43 opposing Proposition 90— the Government Acquisition, Regulation of Private Property Initiative; Agenda Item 7 Adoption of Resolution No. 06-44 to amend the California Public Employees' Retirement System (PERS) contract increasing the District's retirement formula from 2% at 55 to 2/5% at 55; and Revised Claims 06-18. L. Hassett seconded the motion. The motion passed 5 to 0. VII. INTRODUCTION OF NEW STAFF M. Newbum introduced two new staff who were hired as Open Space Technicians for the District. First he introduced and gave some background information for Eric Stanton who will be assigned to work at the Skyline field office. The second introduction was for Sal Cimino, and M. Newburn gave some background information about Mr. Cimino, who will be assigned to work at the Foothills field office. The Board welcomed both with a round of applause. Vill. BOARD BUSINESS A. Agenda Item No. I —Appointment of Michael Perez as a Peace Officer; Adoption of Resolution of the Board Appointing Michael Perez as a Peace Officer -(Report R-06-11 1) J. Maciel introduced the new Peace Officer, Mike Perez, stating that he met all of the standards required to be appointed a peace officer for the District. He added that Mr. Perez would be going to the Academy shortly. J. Cyr asked which office M. Perez would be assigned. J. Maciel said he was assigned to the Foothills field office. J. Maciel added that the entire field staff was currently at 100%. Motion: M. Davey moved that the Board K. Nitz seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 2 —Agreement with Santa Clara County Fire Department to Conduct Prescribed Training Burns at the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve; Determine the Recommended Actions As Set Out in the Report are Categorically Exempt Under the California Environmental Quality Act (CEQA); Authorize the General Manager to Execute the Permit to Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct Meeting 06-24 Page 2 Controlled Burns, 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 from the Date of Execution Through December 31, 2008 - (Report R-06-117) G. Baillie introduced the Santa Clara County Fire Department representative at the meeting, Captain David Stocks. G. Baillie gave background information on the past four controlled bums. He corrected the date on page two of the report to read October 26. He showed on the map where the controlled bum was planned to occur. Captain Stocks thanked the Board for the opportunity and spoke of his and the County's good working relationship with the District's Ranger staff. L. Hassett said that he was frustrated about this project because he wants to see controlled burns used as a resource management tool. He said he appreciated the fact that staff needed to train to prepare for potential fires, but he was frustrated that the controlled bums were not targeting areas in need of resource management controls. G. Baillie said he understood L. Hassett's concern, adding that staff was trying to work with the City of Palo Alto, but that the resource management bum project they wanted did not work out for this year; however, they are looking at other areas for future burns. He also said that staff was looking for more remote areas; away from homes and that this was difficult. Captain Stocks added that he, personally, agreed that burns should be used to control brush, but professionally he said there are many restrictions and guidelines to follow to get an agreement for a controlled brush burn area. N. Hanko referenced page 1, paragraph 2 and asked if the three-year agreement was open to changes if the laws changed and if the language could be updated to reflect such new laws. G. Baillie replied that the language could be changed and that there was a cancellation clause on the permit. He said it was an easy process to change the language. N. Hanko asked about an example if an archeological site is revealed at the time the trenching occurs and what happens if there is. M. Newburn answered that the prep work included discing the site, not digging down deep. He did say that if any historical or archeological items were unearthed, the project would stop immediately until the proper professionals could review the items found. K. Nitz asked if there would ever be a burn at Windy Hill Open Space Preserve. J. Maciel replied that it was their hope to expand the program by doing controlled or prescribed burns and that they were looking at future areas. Meeting 06-24 Page 3 J. Cyr said he has been on the ground during a bum and enjoyed having the opportunity to see staff work with other agencies. G. Baillie invited the members of the Board to observe the black-lining and the burn and to let him know if they are interested. Motion: M. Davey moved that the Board approve the Agreement with Santa Clara County Fire Department to conduct prescribed training burns at the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve; Determine the recommended actions as set out in the report are categorically exempt under the California Environmental Quality Act(CEQA); Authorize the General Manager to execute the Permit to Enter for the purpose of allowing the Santa Clara County Fire Department to conduct controlled burns, for training purposes at the Rancho de Guadalupe Area of Sierra Azut Open Space Preserve, and to enter other areas as specified for related training not involving live fire from the date of execution through December 31, 2008. K. Nitz seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 3—'Approval of Application to the Habitat Conservation Fund Program for Assistance with the Addition of the Peninsula Open Space Trust Madonna Creek Uplands Property to Mills Creek Open Space Preserve (San Mateo County Assessor's Parcel Numbers 056-450-010 and a portion of 056-450- 030)•, Determine that the Recommended Action is Exempt from the California Environmental Quality Act (CEQA) As Set Out in This Report-, Adopt the Resolution of the Board Approving the Application for Grant Funds from the Habitat Conservation Fund Program for the Addition of the Peninsula Open Space Trust Madonna Creek Uplands Property to Mills Creek Open Space Preserve— (Report R-06-121) D. Woods presented a PowerPoint slide show and gave a brief overview of the staff report. He said the project was near Mills Creek Open Space Preserve and the POST Johnston Ranch. He said the grant being applied for was a more competitive grant called the "Rare, Endangered, Threatened or Fully Protected Species Habitat". He said the project site included a pond with many red-legged frogs and that the property was an exciting addition to Miramonte Ridge. The project area had a barn and a flat area used as a docent staging area. He also showed the area that POST would retain. N. Hanko asked if funding had been available, would staff have applied for the Anadromous Salmonids and Trout Habitat grant. D. Woods said that the grant she was asking about was in a cycle of not being available, but that it would become available in a year or two and then be around for about three years. D. Meeting 06-24 Pa e 4 Woods added that the District's grant would show how our project fits into many categories, which gives the application more points. Motion: N. Hanko moved that the Board approve the application to the Habitat Conservation Fund Program for assistance with the addition of the Peninsula Open Space Trust Madonna Creek Uplands Property to Mills Creek Open Space Preserve (San Mateo County Assessor's Parcel Numbers 056-450-010 and a portion of 056-450-030); Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) as set out in this report; Adopt Resolution No. 06-41 of the Board approving the application for grant funds from the Habitat Conservation Fund Program for the addition of the Peninsula Open Space Trust Madonna Creek Uplands Property to Mills Creek Open Space Preserve. L. Hassett seconded the motion. Vote: The motion passed 5 to 0. D. Agenda Item 4— Completion of Exchange Agreement with StarLink Logistics Inc. Creating a Permanent Easement for the San Francisco Bay Trail in the Community of East Palo Alto, and Proposed Conveyance of the Trail Easement to the City of Palo Alto at Ravenswood Open Space Preserve (San Mateo County Assessor's Parcel Number 063-122-020); Determine the Recommended Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA) As Set Forth in This Report; Adopt the Resolution Approving an Amendment to the Agreement to Exchange Interests in Real Property with StarLink Logistics, Inc., and Authorizing the President of the Board of Directors to Execute the Amendment and the Attached Documents Exchanginiz Easement Interests Between StarLink and the District; Authorize the President of the Board. of Directors to Execute the Public Trail Easement, Conveying the Trail Easement to the City of Palo Alto —(Report R-06-120) M. Reeves presented the staff report and introduced Greg Betts from the City of Palo Alto. M. Reeves gave a PowerPoint slide presentation including a map showing the area. He said that StarLink was ready to provide an exchange agreement. Motion: N. Hanko moved that the Board determine the recommended actions are categorically exempt under the California Environmental Quality Act (CEQA) as set forth in this report; Adopt Resolution No. 06-42 approving an amendment to the Agreement to Exchange Interests in Real Property with StarLink Logistics, Inc., and authorizing the President of the Board of Directors to execute the Amendment and the attached documents exchanging easement interests between StarLink and the District; Meeting 06-24 Page 5 I _ authorize the President of the Board of Directors to execute the Public Trail Easement, conveying the trail easement to the City of Palo Alto. L. Hassett seconded the motion. Discussion: N. Hanko asked staff to keep her informed with anything to do with East Palo Alto. M. Davey thanked staff for their good work. Vote: The motion passed 5 to 0. E. Agenda Item 5—Determine Whether to Renew the Ombudsperson Volunteer Agreement with Carol Joyce; Authorize the President of the Board of Directors to Execute the Second Amendment to the District Ombudsperson Volunteer Agreement with Carol Joyce, Extendingthe he Agreement's Term for a Third Year— (Report R-06-124). I Motion: K. Nitz moved that the Board authorize the President of the Board li of Directors to execute the Second Amendment to the District Ombudsperson Volunteer Agreement with Carol Joyce extending the Agreement's term for a third year. M. Davey seconded the motion. Discussion: L. Hassett said C. Joyce deserves a medal for her work. Vote: The motion passed 5 to 0. i F. Agenda Item 6—Adopt the Resolution Opposing Proposition 90—the Government Acquisition, Regulation of Private Property Initiative - (Report R06- 123). N. Hanko said she wanted a letter sent with the passed Resolution to all of the editors of local newspapers. S. Schectman replied that there were limits on what can occur, but that she would look into it. She added that neutral information is okay. L. Hassett said he supported the Resolution, but added that he felt the topic could get distorted in the realm of public discussion. He said the terminology was inflammatory to some individuals and would rather see the District use standard distribution methods. C. Britton said that the District was very careful with the wording of its j Resolutions and that the same care will be put into the press release. i Meeting 06-24 Page 6 Motion: N. Hanko moved that the Board adopt Resolution No. 06-43 opposing Proposition 90—the Government Acquisition, Regulation of Private Property Initiative. M. Davey seconded the motion. The motion passed 5 to 0. IX. INFORMATIONAL /COMPENSABLE MEETING REPORTS L. Hassett said his compensable meetings during this period were on September 25 and September 27, 2006. N. Hanko commended staff on the letter to the Woodside Committee. She said the Good Neighbor Policy Committee had two meetings, September 19`" and 26`". Her other compensable meetings included September 21 st (General Manager evaluation), September 25th (Ward 4 Special Meeting), and September 27th. She said the Good Neighbor Policy Committee is almost finished and is planning on a workshop in November located either at Kings Mountain or somewhere along Skyline and that they would come back to the Board with the results. K. Nitz said his compensable meetings included September 19 (Good Neighbor), September 21 (General Manager evaluation), September 25, 26 and 27, 2006, M. Davey's compensable meetings were September 21, 25 and 27. She said she attended the staff recognition event and said it was wonderful and well planned. J. Cyr said his compensable meetings were September 19, 21, 25, 26 and 27. He hiked at the Phleger property and said the District's trails were best. He said he received an e-mail message on his personal e-mail and asked that all references should direct people to his District e-mail address. C. Britton said the staff event at Deer Hollow Farm was a great event and that four Board members attended. He said that Mary Gilman announced her retirement for the end of this year. He reminded the Board that the evening staff recognition event was this coming Friday at Saratoga Springs and J. Cyr and M. Davey said they would attend. He also reminded the Board that the Volunteer Recognition event was on Saturday and J. Cyr and M. Davey planned to attend. Sunday is the Deer Hollow Farm event and again J. Cyr and M. Davey were planning to be there. Tony Look Memorial at Big Basin was another upcoming event he would be attending with M. Davey and a District Ranger. He handed out an invitation for the October 7 State Park Foundation event in Sacramento. He asked the Board to review the dates for the remainder of the year and said that they were planning on one meeting in November (on November 15) and one meeting in December (on December 13) unless there were objections. J. Cyr said he would be on vacation from October 2 through 5, 2006. Meeting 06-24 Page 7 M. Freeman said he attended a conference in Yosemite and that there were many interesting topics. This was his first CARPOSA Conference and he said there was a high level group of people and that it was a good networking opportunity. He pointed out a memo in the Board information and said he was available to answer any questions regarding the grant and he thanked K. Lennington for his work. M. Newburn announced that the Bay Tree at Rancho San Antonio had two large branches break off. They broke away from the former handball court. Staff is working with an arborist who said the tree was still healthy. They are also working with Santa Clara County Parks. X. ADJOURNMENT The Special and Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District adjourned into Closed Session at 8:15 pm. J. Cyr announced that the Board would reconvene into Closed Session after a 5 minute break. The Closed Session commenced at 8:15 p.m. and adjourned at 8:42 p.m. I Cyr reported publicly that there were not any reportable actions from the Closed Session. Lisa Zadek Recording Secretary Meeting 06-24 Page 8 MINUTESIPROCESS WORKSHEET FINAL INTERVIEWS OF WARD 4 DIRECTOR SPECIAL BOARD MEETING OF OCTOBER 9, 2006 I. ROLL CALL • vU Meeting was called to order by President Jed Cyr at p.m. • Call Roll and check Mem rs present: Pete Siemens Nonette Hanko Mary Davey Larry Hassett Jed Cyr Ken Nitz • Staff Present: &4 / don o i1c e ,,AI C e^ 10 h II. ADOPTION OF AGENDA • Director Jvd-C�,r moved that the Board adopt the agenda.A n e Seconded the motion. The motion passed 6 to O III. BOARD BUSINESS; FINAL INTERVIEWS OF APPLICANTS FOR DIRECTOR OF WARD 4 • District Clerk S. Rice reviewed the procedures to be used for opening statements by the candidates: Second Round I. Random drawing for order of appearance. 2. Each finalist allotted 20 minutes for answering questions posed by the Board. 3. Random drawing for order of appearance for final statements. 4. 10 minute recess. 5. Each finalist will get five minutes for summary. 6. Each Board member casts a signed ballot for his or her choice of appointment. 7. Voting tallied and announced by District Clerk. 8. District Clerk keeps ballots for later public inspection. 9. If no candidate receives four votes,there will be additional votes on the full list of finalists until a candidate receives four votes. 10. Board adopts resolution naming appointment to fill the office. Aj • A random drawing of names was conducted to determine order of questions of the finalists by the Board. Announce order of questions 1) ri'C i6N �'LiowdH 2) �e �'f J 3) �, 3-;p h.PJ 4) CV, • The Board conducted round-robin questioning of the applicants for up to 20 minutes each • A random drawing of names was conducted to determine order of final statements. The order of final statements were: Announce order of statements 1) 'r- Al E'_�T 2) Cc, �t 3) Q // �/�a vh eJ 4) �a l Y'i C i` �n u we; Distribute ballots to Board and collect/announce votes. �0 t `' `�e �`e c Pu • The results of the voting to select the final candidates were as follows: Ballot#1 Ballot#2 (if needed) Ballot#3 (if needed) Candidate # votes Candidate # votes Candidate # votes William James 0 William James William James Curt Riffle Curt Riffle /� Curt Riffle Jeff Segall —L Jeff Segall _� Jeff Segall Patricia Showalter_ Patricia Showalter__ Patricia Showalter Ballot#4 Ballot 45 (if needed) Ballot #6 (if needed) Candidate # votes Candidate # votes Candidate # votes William James William James William James Curt Riffle Curt Riffle Curt Riffle Jeff Segall Jeff Segall Jeff Segall Patricia Showalter Patricia Showalter Patricia Showalter I • Final Board and/or staff comments, if any: • The District Clerk announced �c, r _)L JC � /P as the winner of the balloting. IV. RESOLUTION • Director//I',-n C /7 L/ e moved that the Board does appoint as Director of Ward 4 and .I j e a., a n-S seconded the motion. The motion passed 6 to _0 V. OATH OF OFFICE VI. ADJOURNMENT �-��_ a n C/ �e H • The Special Meeting adjourned at p.m. Minutes taken by_.�'Z'a, istrict Date 01 ?10K I