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
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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.
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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
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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).
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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.
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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.
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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
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