HomeMy Public PortalAbout20070822 - Minutes - Board of Directors (BOD) Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 07-17
REGULAR and SPECIAL MEETING
BOARD OF DIRECTORS
August 22, 2007
MINUTES
SPECIAL MEETING
I. ROLL CALL
President K. Nitz called the special meeting to order at 7:01 p.m.
Members Present: Ken Nitz, Jed Cyr, Nonette Hanko, Curt Riffle, Pete Siemens,
Larry Hassett, and Mary Davey.
Members Absent: none
Staff Present: Craig Britton, Sue Schectman, Duncan Simmons,
Michael Williams
IL CLOSED SESSION
The Closed Session concluded at 7:31 p.m.
REGULAR MEETING
Ill. K. Nitz called the Regular Meeting to order at 7:33 p.m. K. Nitz called the roll and all
Board Members were present. K. Nitz stated that there were no reportable items from the
Closed Session.
Additional Staff Present: Gordon Baillie, David Sanguinetti, and Rudy Jurgensen.
IV. ORAL COMMUNICATIONS There were none.
V. ADOPTION OF AGENDA
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail: info*openspace.org • Web site: www.openspace.org
Motion: C. Riffle moved to adopt the Agenda. M. Davey seconded the motion.
The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
M. Davey stated that she would be recusing herself from Revised Claims numbered 7280,
7281 and 7377-R. N. Hanko stated that she would voluntarily recuse herself from the
Revised Claims 7280, 7281 and 7377-R.
C. Riffle had questions about Revised Claims numbered 7286, 7313, and 7362, which
staff answered.
K. Nitz had questions about Revised Claims numbered 7335 and 7354.
K. Nitz remarked on the new certification language shown on the Board Agenda and
S. Schectman credited C. Tavlian for this.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the
Board Minutes of June 27, 2007 and July 11, 2007; and Revised Claims
07-13. C. Riffle seconded the motion. The motion passed 7 to 0 on the
June 27, 2007 and July 11, 2007 Board Minutes. The Revised Claims 07-
13 passed 5 to 0 on Revised Claim numbers 7280, 7281 and 7377-R with
two recusals, and passed 7 to 0 on the remaining Revised Claims.
VII. BOARD BUSINESS
A. Agenda Item No. I —Proposed Boundary Line Agreement and Exchange o
Open Space Easements with Presentation Center at Bear Creek Redwoods Open
Space Preserve, 19480 Bear Creek Road, Los Gatos, CA (Santa Clara County
APNs 544-31-005 and -006); Determine that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act as Set Out
in the Report; Adopt the Resolution Approving and Authorizing the Execution of
the Boundary Line Agreement and Exchange of Open Space Easements with
Presentation Center—(Report R- 7-84).
M. Williams presented the staff report and highlighted the main points of the
agreement with the Presentation Center. He pointed out the area on a wall map.
He went over the historic relationship with the Presentation Center and reviewed
past exchanges of several easements and showed a patrol and future trail easement
connecting a portion of the Bear Creek Redwoods Open Space Preserve. He said
that there was a boundary discrepancy approximately 80-feet wide that the
District and the Presentation Center have agreed to split down the middle equally.
He showed a detailed survey map showing the boundary, adding that the
boundary will not change the parking lot area.
M. Williams said that, since the District has received two grants for this preserve,
they are required to get approval of this agreement from each granting agency.
As of the date of this meeting, one granting agency has responded and approved
the agreement. The other agency has verbally agreed to it and the District is
waiting for their written notice with the confirmation.
P. Siemens asked if the boundary is down the middle and asked if the Presentation
Center would not need an easement to drive down the road. M. Williams replied
that the boundary is down the middle and that each party will have an easement to
the other's portion.
Motion: N. Hanko moved that the Board approve the proposed Boundary
pp
Line Agreement and Exchange of Open Space Easements with
Presentation Center at Bear Creek Redwoods Open Space
Preserve, 19480 Bear Creek Road, Los Gatos, CA (Santa Clara
County APNs 544-31-005 and -006); Determine that the
recommended actions are categorically exempt from the California
I Environmental Quality Act as set out in the report; Adopt
i
Resolution No. 07-19 approving and authorizing the execution of
the Boundary Line Agreement and Exchange of Open Space
i
Easements with Presentation Center. L. Hassett seconded the
motion.
Discussion: J. Cyr asked if the date selection was arbitrary and S. Schectman
said that the Board could set the date.
Vote: The motion passed 7 to 0.
I
B. Agenda Item No. 2 —Approval of Ferguson Group Consulting_Agreement;
Authorize the General Manager to Enter into a Contract with the Ferguson Group
for the Development and Implementation of a Comprehensive Federal
Government Relations Action Plan for Remediation of the Former Almaden Air
Force Base at Mt Umunhum Sierra Azul Open Space Preserve; Approve the
Expenditure of up to $50 000 to Fund this Contract with the Ferguson Group from
the New Land Purchases Budget Category, with a Corresponding Revision to be
Included in the Board's Mid-Year Budget Adjustment—(Report R-07-86)
R. Jurgensen presented the staff report and said that staff was recommending
hiring the Ferguson Group as Washington,
n DC lobbyists for the District regarding
the Mt. Umunhum clean-up of the former Almaden Air Force Base.
R. Jurgensen gave some background information and an update about the
Almaden Air Force site. He said that 15 years ago items were removed by the
Corp of Engineers ("Corps"), but since that time nothing else has happened.
District staff has received no reports about contamination from the Corps;
however, he said there should be a fresh evaluation of the site to go forward. He
said that FUDS (Formerly Used Defense Sites) is not a functional program and
basically does not work. He said that staff proposed going to Washington, DC
and have a line item in the Defense budget.
R. Jurgensen said that the Ferguson Group is well known and respected in
Washington, DC. He said there is a chance to get something done this fiscal year;
otherwise, it will be in the next fiscal year.
C. Britton added more information about the workings of lobbyists and
Washington, DC specific to the Mt. Umunhum project. He thanked R. Jurgensen
for his work on this project. He said that progress has already occurred by getting
a response by the Corps, and he added that this is the best hope the District has
had. He did say that this might be more than a one-year program.
M. Davey asked why the District was not suing the federal government.
S. Schectman explained that, assuming the District did have a valid legal claim,
the time may have expired, as this occurred in the 1980's, and that the District
may not have legal recourse to file a suit.
M. Davey asked if this project will be an "earmark", and R. Jurgensen said it
would.
N. Hanko stated she didn't see how spending $50,000 would be of value for the
District, as she didn't see the District getting anything for the money. R.
Jurgensen said that the funds would enable elected representatives to better hear
and understand what the District needs.
K. Nitz noted that the contract was only for two months and R. Jurgensen said
that the contract was through the end of the calendar year.
P. Siemens asked if the contract would go over into the next calendar year and, if
so, would they charge by the hour.
C. Riffle said that the District may have a great opportunity with Congresswoman
Pelosi and asked if that changes the dynamic. C. Britton said it did change the
dynamic, but this project may not be seen as important; however, he said that he
thinks Senators Honda and Feinstein would support the District in their efforts.
C. Riffle asked why they don't wait until January to start the contract. C. Britton
said that they would need the lobbyists to start getting things in order to get a
jump on this in January. R. Jurgensen added that the District would need to get
local support in order to get federal support.
C. Riffle asked if this project would hold up the master planning process and
R. Jurgensen said this project would have no effect on the master planning.
M. Davey stated that she would oppose the General Manager recommendations
under principle. She said she is against supporting a lobbyist. She said that the
District will need to get local support and that the District has a powerful
Democratic party in California that could help. C. Britton responded that staff has
tried using other agencies' lobbyists. M. Davey said they should use all resources
and relationships.
L. Hassett said he appreciated M. Davey's comments. He used Ralph Heim as an
example of a lobbyist the District uses in Sacramento and he said he supports this
project.
P. Siemens asked if the lobbyist would help with timing and contacts.
R. Jurgensen said the lobbyist would tell staff who to talk to and when committee
meetings would occur. P. Siemens said he would support this project and likes
the idea that the lobbyists will tell the District what to do and when.
J. Cyr said that he supports this project and he referred to an article in the
newspaper about accessing the site from private property. C. Britton replied that
the District has a permit system and the neighbor has not renewed the permit. He
said that the Corps could access the site without going through the neighbor's
property.
N. Hanko said that she would support the project, but that she is not happy about
it. She said that if it were possible to bring a suit against the Corps, she would
support that.
C. Britton said that federal money is allocated to the "squeaky wheel." He said
there are too many projects and not enough money to distribute.
K. Nitz asked if there were any problems on the levees. C. Britton said that the
levees were not going to flood, but the levee projects would probably compete for
funds. K. Nitz asked if there would be status reports and R. Jurgensen said there
would be.
K. Nitz asked if there was an historical list of"promises" from the Corps
regarding the cleanup and R. Jurgensen said that there was such a document.
C. Britton said that the Corps agreed to clean up everything below ground. The
Corps would not cover anything above ground, including buildings, asbestos and
lead paint. The Corps has removed all underground tanks. He said that the
District is trying to argue that the scope of work the Corp needs to do to complete
the cleanup of even the aboveground site is now more extensive due to the
passage of time.
P. Siemens asked if the summary in the file is in chronological order and if the
Board could be given copies of it. C. Britton said copies could be made and that
the Ferguson Group already has a copy of this information.
Motion: J. Cyr moved that the Board approve the Ferguson Group
Consulting Agreement; Authorize the General Manager to enter
into a contract with the Ferguson Group for the development and
implementation of a comprehensive federal government relations
action plan for remediation of the former Almaden Air Force Base
at Mt. Umunhum, Sierra Azul Open Space Preserve; Approve the
expenditure of up to $50,000 to fund this contract with the
Ferguson Group from the New Land Purchases Budget Category,
with a corresponding revision to be included in the Board's Mid-
Year Budget adjustment. P. Siemens seconded the motion. The
motion passed 6 to 1. M. Davey voted against the motion.
C. Agenda Item No. 3—Authorization for the General Manager to Approve Pen-nits
to Enter District Lands for Minor Projects-, Adopt the Resolution Authorizing the
General Manager to Administratively Approve Permits to Enter District Lands
Under the Terms and Conditions Set Out Herein— (Report R-07-87).
S. Schectman presented the staff report, saying that authorizing the General
Manager to approve Permits to Enter, rather that having staff come to the Board
for approval, will streamline the project process and allow certain projects to
move along more efficiently and at a faster pace.
Motion: M. Davey moved that the Board authorize the General Manager to
approve Permits to Enter District lands for minor projects; Adopt
Resolution No. 07-20, authorizing the General Manager to
administratively approve Permits to Enter District lands under the
terms and conditions set out herein. L. Hassett seconded the
motion.
Discussion: C. Riffle asked how often Permits to Enter occur, monthly, weekly,
etc., and he asked how much more efficiency this would add.
C. Britton said that Board-approved Permits to Enter come up
between four to six times per year.
C. Riffle asked if the proposed process would affect the new
General Manager. His concern was that C. Britton has historical
knowledge that the new General Manager would not.
S. Schectman replied that the attached Resolution covers that
concern by having specific and limited criteria for permit issuance.
K. Nitz noted that there is no definition for "minor." S. Schectman
said that the term "minor" is used in the CEQA Guidelines; a
Permit to Enter must be categorically exempt from CEQA.
C. Britton said that staff would err on the side to bring a matter to
the Board if there seems to be a question about a Permit to Enter.
K. Nitz asked if Item 6 in the Resolution could be re-worded.
S. Schectman suggested that it include "in writing and noted in
Board Minutes." This satisfied K. Nitz.
Vote: The motion passed 7 to 0, as amended by the additional wording in
the Resolution.
Vill. INFORMATIONAL REPORTS
C. Riffle said his only compensable meeting was tonight's meeting (8/22). He said he
went to the controlled bum and thanked G. Baillie for the invitation. He said he was very
impressed. He went for a run at Windy Hill and said he noticed the invasive plants,
which made the run less fun. He suggested a Board workshop prior to the General
Manager selection process and he gave some examples of what he had been a part of in
the past. N. Hanko asked for clarification about C. Riffle's request and asked him to write
a memo to place for discussion on a future agenda.
L. Hassett said his only compensable meeting was tonight's Board meeting (8/22). He
said he went to the Pescadero Art Festival, He said he was also impressed with the
controlled bum, adding that he was pleased with CalTrans work on Skyline, which
improved visibility and fire safety.
P. Siemens said his only compensable meeting was tonight's Board meeting (8/22). He
also went to the Pescadero Art Festival.
M. Davey said her only compensable meeting was tonight's Board meeting (8/22). She
said the publicity on the controlled bum was very good. She handed out a flyer from the
Santa Clara Valley Habitat Plan, and she handed out an invitation from the Committee
for Green Foothills upcoming fundraising event.
J. Cyr stated that his only compensable meeting was tonight's Board meeting(8/22). He
said he was pleased that a neighbor had attended the controlled burn and who added that
this was valuable. J. Cyr also stated he thought that neighbors should be included in
attending future burns. He said he was impressed with the amount of resources at the site
of the controlled bum, On August 3, he attended J. Maciel's farewell party; on August
10, he hiked part of the Skyline-to-the-Sea Trail; and on August 17, he went on a I 0-mile
hike at Jacques Ridge and said the trails are in good shape.
N. Hanko said her only compensable meeting was tonight's Board meeting (8/22). She
thanked K. Nitz for his e-mails and follow-up regarding the General Manager search.
She said that on September 15, the "Golden Spike" award and trail connection event with
Palo Alto will occur. The celebration will be at 10:00 am at Foothill Park. She and the
Palo Alto mayor will drive the Golden Spike and cut a ribbon to open the trail
connection. She noted that the District's Volunteer event is also on September 15
beginning at Noon. She thanked E. Cuzick, D. Sanguinetti and C. Beckman with their
help in organizing the Foothill Park event.
I
K. Nitz said his only compensable meeting was tonight's Board meeting (8/22). He said
he went to the top of Pulgas Ridge's new off-leash area and said he appreciates staff s
work on this project. He asked if there is a schedule for discussing the General Manager
search and S. Schectman said that the Committee and recruiter would be meeting in
September.
C. Britton welcomed D. Sanguinetti and announced that he was appointed the new
Operations Manager. He said there were two excellent candidates from which to select.
He announced upcoming Board and Committee meetings and reminded the Board that
the January 2008 Board meetings will be moved to the third and fifth Wednesday of the
month for that month only. He said that AB697 is being worked on and that Ralph Heim
and staff at Stone and Youngberg were working on a strategy. He said that ABAG has
been asked to identify PCA's (Priority Conservation Areas) and that several areas have
been identified for seeking grant funding. He announced that he would be out of the
office for the next two weeks, and that M. Williams would be Acting General Manager
the first week and M. Freeman would be the Acting General Manager the second week.
M. Davey asked for an updated regional trail map.
G. Baillie pointed out the calendar for the Board to notate their vacations and asked the
Board to fill it in. He gave comments about the controlled burn and thanked the Board
for their support.
R. Jurgensen said that staff would be arranging media training for staff and the Board.
D. Sanguinetti said that applications are due for Acting Skyline Superintendent and said
that there would be three in-house staff appointed for a 6-week period each. This will
allow them to get an idea of what the job entails.
D. Simmons said he went to the Giant Salamander Trail and said that the crew was
working on getting a culvert out.
IX. ADJOURNMENT
The Regular meeting adjourned at 9:15p.m.
Lisa Zadek
Recording Secretary