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HomeMy Public PortalAbout20070912 - Minutes - Board of Directors (BOD) Regional Open Space --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-18 REGULAR MEETING BOARD OF DIRECTORS September 12, 2007 MINUTES I. ROLL CALL President K. Nitz called the special meeting to order at 7:30 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, Duncan Simmons, Michael Williams, Camille TavIian, Sandy Sommer, M. Newburn, M. Manning, M. Freeman, R. Jurgensen 11. ORAL COMMUNICATIONS There were none. Ill. ADOPTION OF AGENDA Motion: J. Cyr moved to adopt the Agenda. P. Siemens seconded the motion, The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR C. Riffle corrected the Minutes of August 22, 2007 (Meeting 07-17) on page 3, paragraph 2 by adding the words "of the road". K. Nitz requested to pull Agenda Item 5. M. Davey stated that she would be recusing herself from Revised Claims numbered 7412, 7413, 7500-R. N. Hanko stated that she would voluntarily recuse herself from the Revised Claims 7412, 7413, 7495 and 7500-R. Meeting 07-18 Page 2 K. Nitz commented on Revised Claim 7437 regarding the bank card charges and how they are shown. C. Britton explained a new way they could be shown which was acceptable to the Board. J. Cyr commented on Agenda Item 4, noting that the CEQA statement was missing. C. Britton said that, since it is the second reading, staff was not required to restate the CEQA statement. J. Cyr requested that, although it was not required, he thought it should be restated to be clear for people reading the item for the first time (if they missed the first reading). Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the Board Minutes of August 22, 2007, as corrected; Agenda Item 4 Final Adoption of an Amendment to the Use and Management Plan for Thomewood Open Space Preserve to Construct and Designate a New Trail Open to Hiking Equestrian Use and Dogs on Leash to be Named the Bridle Trail; Formally Designate the Lower 1,000-foot Section of an Existing Informal Trail Known as Dennis Martin Road; Construct the Remaining 3,200-foot Section of the New Bridle Trail to Connect with the Existing Schilling Lake Trail; Agenda Item 6 Scheduling a Special Meeting of the Board of Directors on October 17, 2007 for Consideration of Use and Management Plan Amendments at Tunitas Creek and Skyline Ridge Open Space Preserves, Beginning at 7:00pm; and Revised Claims 07-1.4. C. Riffle seconded the motion. The motion passed 7 to 0 on the August 22, 2007 amended Board Minutes; Agenda Items 4 and 6. The Revised Claims 07-14 passed 5 to 0 on Revised Claim numbers 7412, 741.3, 7500-R with two recusals; passed 6 to 0 on Revised Claim number 7495 with one recusal, and passed 7 to 0 on the remaining Revised Claims. V. BOARD BUSINESS A. Agenda Item No. 1 —Authorization to File a Notice of Nonrenewal with Santa Clara County for Designated Midpeninsula Regional Open Space District Lands Currently Covered by Williamson Act Contracts; Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA) As Set Out in the Report; Adopt the Attached Resolution Authorizing the General Manager to File A Notice of Nonrenewal with Santa Clara County for the Parcels of Midpeninsula Regional Open Space District (District) Land Currently Covered by Williamson Act Contracts as Designated in Attachment 1 to the Report— Report R-07-88). S. Sommer presented the staff report. She showed a map covering the area attached to the staff report, and mentioned a correction to page 9 of Attachment I that should state a total acreage of 5,231.79. She reviewed compatible uses under the Williamson Act. Meeting 07-1 S Page 3 S. Sommer reviewed the Williamson Act and said that staff reviewed these parcels to see if there is any land categorized as agricultural by the State and found that there are only two areas. They are the Picchetti Winery (approximately 113 acres) and the other is at Jacques Ridge (approximately 25 acres designated as "Grazing Land," but not used for grazing). She said that, after consulting the California Farmland Mapping and Monitoring Program (FMMP), staff found that, except for Picchetti, agricultural uses no longer existed, and only about three acres of Picchetti are currently used for agriculture. S. Sommer said that there are other contracts in other District-owned Williamson Act parcels in San Mateo County and some in the city of Palo Alto and the town of Los Gatos, that are not under consideration now. K. Nitz noted that Palo Alto and Los Gatos are located in Santa Clara and asked why they were not specified. S. Sommer's replied that, since there are Williamson Act lands in each, they are contracted through the city rather than through the county. S. Sommer said that, as a public agency,the contracts no longer serve a purpose because the District already promotes agricultural and open space use. She said having land under the contract adds additional and unnecessary steps for obtaining county approval of minor open space improvements. Staff reviewed CEQA and determined that this is categorically exempt. L. Hassett asked if any of the parcels indicated are dedicated and S. Sommer said some parcels were not dedicated. K. Nitz asked if it mattered and was told it did not matter. N. Hanko asked who recommended that the District take this action and S. Sommer said that the California Department of Conservation had made the recommendation. N. Hanko said that she thought lands with Williamson Act contracts were given more protection. She said that this was important especially if future District Board members might possibly do more development. C. Britton said that, by dedicating the land, this concern is diminished and that the Williamson Act does not add another layer of protection where land is purchased by an open space district. N. Hanko said she was satisfied. P. Siemens also commented that the District should apply for non-renewals immediately when new land is purchased. C. Riffle said that this would reduce expenses and costs to the District. J. Cyr acknowledged the work involved with this staff report and said it was well done and easy to read and understand. Motion: M. Davey moved that the Board authorize staff to file a Notice of Nonrenewal with Santa Clara County for designated Midpeninsula Regional Open Space District lands currently covered by Meeting 07-18 Page 4 Williamson Act contracts; Determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; Adopt Resolution No. 07-21 authorizing the General Manager to file a Notice of Nonrenewal with Santa Clara County for the parcels of Midpeninsula Regional Open Space District (District) land currently covered by Williamson Act contracts as designated in attachment I to the report. P. Siemens seconded the motion. The motion passed 7to0. B. Agenda Item No. 2—Authorization to Contract with ComposiCon to Manufacture Four Fiber Reinforced Polymer Bridges for Use at El Corte de Madera Creek Open Space Preserve,• Authorize the General Manager to Enter Into a Contract for Bridge Manufacture with ComposiCon in the Amount of$62,421 for Use at El Corte de Madera Creek Open Space Preserve—(Report R-07-90) M. Manning presented the staff report and began by noting the change in the price listed under the Recommendation. She said that the amount was changed to eliminate the contingency amount, adding that there should be no extra costs. She said that they will initiate the public bidding process in winter. C. Riffle asked if there were any pictures of the bridges and M. Manning said she could send him and any other Board members pictures. M. Manning said that the bridges will be similar to the bridge at the Virginia Mill Trail at El Corte de Madera Open Space Preserve. She said that the bridges are light weight and are good for walkers, equestrians and bicyclists. C. Riffle asked if this is the first bridge and M. Manning said that there were two others. P. Siemens asked what "fiber" was. M. Manning said it was fiberglass and she said she would forward the website that has more information about the product. P. Siemens asked about the safety factor and M. Manning said that the project engineer knows that information. Motion: N. Hanko moved that the Board authorize the General Manager to enter into a contract for bridge manufacture with ComposiCon in the amount of$62,421 for use at El Corte de Madera Creek Open Space Preserve. P. Siemens seconded the motion. Discussion: K. Nitz asked if the bridge design would be helix. M. Manning said that they will require helix. M. Davey asked if the permits were obtained and was told they had been. i Vote: The motion passed 7 to 0. Meeting 07-18 Page 5 C. Agenda Item No. 3—Consideration of a Special Meeting of the Board of Directors for the Purpose of a Study Session to Discuss, Review and Define Key Issues and Challenges Facing the District Over the Next Ten Year Period— (Report R-07-92). C. Riffle presented this report and said that he wanted to formally request a special meeting on where the Board is now and how the Board will go forward. He said he would like to see the Board define their mission for the next ten years, adding that they are in interesting times with changes in the region, economic and otherwise. He said he sees this as a great opportunity at this time since the Board will be searching for a new General Manager. It will also be an opportunity for self-appraisal as a Board. He suggested designating one to two hour sessions with a facilitator. N. Hanko said that this reminded her of the earlier days of the District. She said she would like to see the Board involved in developing categories for discussion, and that staff involvement is very important, as well, as they know the needs and problems to be examined. She said she would support this item, but asked that a committee be formed to put together the discussion points before the full Board met. J. Cyr said he welcomed the opportunity for the full Board to hear each other's vision and said it would be valuable. He said this would give the Board an opportunity to get their thoughts together before interviewing and hiring a new General Manager. M. Davey said she agreed with having a Special Meeting, adding that the Board members should share their vision for a new General Manager. P. Siemens stated his support and suggested that they might need a half-day session and agreed that the meeting should be held on the weekend. He also said he agreed with having a sub-committee to develop a topic list. He said he sees the meeting as a brainstorming session and that he would value the input of staff at the study session. He had two thoughts regarding the new General Manager and asked if prospective General Manager candidates could attend the study to see how the Board functions. K. Nitz said he was in favor of the meeting, but did not want to have a sub- committee to develop the topics. He said that they did not need to limit the study session and suggested that there could be more than one. He also noted that there were a lot of Board member vacations coming up and hoped that they could schedule this meeting sooner rather than later. M. Davey suggested October 13, 2007 and asked if the Board could send their ideas to C. Riffle to compile. D. Simmons gave some clarification of procedure. Meeting 07-18 Page 6 M. Davey asked if the staff could have the same opportunity. D. Simmons said they could as long as it is part of the agenda. N. Hanko asked C. Riffle if he had time to compile the topic list and C. Riffle said he did. She suggested that each Board member brainstorm individually and give their list to C. Riffle. J. Cyr said that they should not mingle the two processes—the General Manager search and Board study session. He acknowledged there would be tremendous value having the staff at the meeting. L. Hassett agreed. The Board reviewed dates and selected Sunday, October 21, 2007 from 9:00am to 1:00pm for the special meeting. C. Britton said he would work with staff to schedule the meeting and notify the public. C. Britton said he thought it would be helpful to have a facilitator to keep notes and produce a document with those notes. He said that he thought there would be no decisions and no staff assignments as a result of the meeting. C. Riffle agreed that they would not be making decisions and that they may not even get to a vision, but that this was an opportunity to have an open discussion about the future of the District over the next ten to twenty years. The Board agreed to provide their lists to C. Riffle by September 30, 2007. Motion: C. Riffle moved that the Board of Directors hold an open meeting on October 21, 2007 to allow Board, staff and members of the public to think about what the District will be considering over the next ten to twenty years. This meeting will be from 9:00am to 1:00pm. P. Siemens seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 5— Schedule a Special Meeting of the Board of Directors on November 6, 2007 Regarding Development of a Draft Wildland Fire Management Policy—(Report R-07-93). Both Board and staff noted that, unfortunately, this meeting had been delayed due to vacation and scheduling conflicts, as well as the need to provide adequate public notice. C. Riffle asked if the time for the meeting was set. M. Freeman said that it was not yet set. Motion: K. Nitz moved that the Board schedule a Special Meeting of the Board of Directors on November 6, 2007 regarding development of a Draft Wildland Fire Management Policy. C. Riffle seconded the motion. The motion passed 7 to 0. Meeting 07-18 Page 7 VI. INFORMATIONAL REPORTS N. Hanko said her only compensable meeting was tonight's Board meeting (9/12). She reminded everyone about the Golden Spike event on Saturday, September 15. She asked R. Jurgensen to work out the press release and include the agenda. J. Cyr stated that his only compensable meeting was tonight's Board meeting (9/12). He said he hiked up on Skyline and along the Achistaca Trail and said the trail is in good shape. He mentioned he was going to the Ridge Trail meeting tomorrow. M. Davey said her only compensable meeting was tonight's Board meeting (9/12). She said the invitation for Saturday's event is beautiful and asked if there would be any carpooling from the Administration office to the event. C. Riffle offered her a ride. She said that the Mel Lane funeral was the day before at Stanford's Memorial Church and that it was a beautiful ceremony. P. Siemens said his compensable meetings were the August 30 Use and Management meeting and tonight's Board meeting (9/12). L. Hassett said his compensable meetings were the August 30 Use and Management meeting and tonight's Board meeting(9/12). He said it was a phenomenal Use and Management meeting attended by about fifteen people. He said the grazing policy was discussed and was well handled. He noted there was good input to the grazing policy language. He said the group went on a tour of Big Dipper and Tunitas Creek, adding that a new batch of people were waiting to join them at Tunitas Creek. He praised the staff report and the outreach to the community He said he also had an invitation to visit the Jacque Littlefield Ranch. C. Riffle said his compensable meetings were the August 30 Use and Management meeting and tonight's meeting (9/12). He said that he learned a great deal at the Use and Management meeting. He noted that he stood looking toward L. Hassett's residence and saw a puff of smoke but it turned out to be the Steven's Canyon fire. K. Nitz said his only compensable meeting was tonight's Board meeting (9/12). He said he hiked the upper part of Thornewood Open Space Preserve and saw and reported some tree cutting. He also noted that the landslide is moving. He showed a mailer he received from PG&E that advertised that they were buying land for carbon offsets. C. Britton said he attended the CalJPlA annual meeting and said that Marin County has applied for membership. M. Freeman said he just returned from vacation in Canada. He said he went to the ABAG meeting with S. Sommer. They looked at the green-vision of the nine-county bay area and are looking to release a public document. He said that the Unavco Project to monitor plate movement was installed at Rancho San Antonio Open Space Preserve. He Meeting 07-18 Page 8 said that staff met to look at the area of the Steven's Canyon fire with CalFire, and noted that CalFire is already working on restoring the site. He said that District staff was pleased with the work CalFire had done so far. M. Newbum noted three fires. On September 3, there was a 2.2-acre fire that affected Sierra Azul Open Space Preserve in the Twin Creeks area. On September 4, there was a 30'x30' fire along the roadside at Hicks Road in the Guadalupe land area, and a helicopter that happened to be flying over the area had dumped water on the fire and put it out. On September 7, evidence of an illegal fire was found at Mt. Umunhum where there were smoldering logs. R. Jurgensen reminded the Board that there were two events occurring on Saturday, September 15. He pointed out the articles on geo-caching. He showed the card notification that will be sent out to announce the Good Neighbor Policy meeting. D. Simmons spoke about the restoration occurring at Moffett Field's Hangar I area. He said that the RAB people were at the Mountain View Art and Wine Festival working on building community support. C. Tavlian said she was sitting in for G. Baillie tonight. She said she had a sympathy card in memory of Thomas Trapp, Esq. of Barg, Coffin, Lewis & Trapp, who recently passed away, and asked the Board members to sign it at the end of the meeting. VII. ADJOURNMENT The Regular meeting adjourned at 9:19 p.m. Lisa Zadek Recording Secretary