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HomeMy Public PortalAbout20080326 - Minutes - Board of Directors (BOD) Meeting 08-09 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS March 26, 2008 MINUTES SPECIAL MEETING I. ROLL CALL President P. Siemens called the Special Meeting to order at 6:08 p.m. Members Present: Pete Siemens, Jed Cyr, Curt Riffle, Mary Davey, Ken Nitz and Larry Hassett Members Absent: Nonette Hanko Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Mike Williams, Matt Freeman and Michael Reeves II. CLOSED SESSION The Closed Session concluded at 7:15 p.m. At 7:33p.m., P. Siemens stated that there were no reportable items from the Closed Session regarding Items I and 2. REGULAR MEETING 111. P. Siemens called the Regular Meeting to order at 7:33 p.m., and asked for the Roll Call. Members Present: Pete Siemens, Jed Cyr, Mary Davey, Ken Nitz, Curt Riffle, and Larry Hassctt Members Absent: Nonette Hanko Additional Staff Present: G. Sam, A. Christensen, R. Jurgensen, M. Newburn, G. Baillie, T. Hugg, A. Ruiz, and E. Cuzick IV. ORAL COMMUNICATIONS —There were none. Meeting 08-09 V. SPECIAL ORDER OF THE DAY G. Sam read the Resolution of the Board of Directors Honoring General Manager Craig Britton's Retirement. Motion: M. Davey moved to adopt the Resolution of the Board of Directors Honoring General Manager Craig Britton's Retirement. C. Riffle seconded the motion. The motion passed 6 to 0. C. Britton thanked everyone and said he appreciated the support of the Board of Directors and working with the District's great staff. VI. ADOPTION OF AGENDA Motion: C. Riffle moved that the Board adopt the Agenda. J. Cyr seconded the motion. The motion passed 6 to 0. VII. ADOPTION OF CONSENT CALENDAR K. Nitz pulled Agenda item 8 from the Consent Calendar. He also asked a question about Revised Claims number 8687 which staff answered to his satisfaction. P. Siemens asked about the e-mail letter to Mr. Cort6sse regarding mountain gliders. C. Britton said that mountain gliders are not allowed in that area. P. Siemens asked staff to look into this further. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Written Communications; Approval of the January 30, 2008 Minutes and the February 13, 2008 Minutes; Agenda Item 9 Assign the Ad Hoc Board Appointee Evaluation Committee to Recommend a Process to Develop Goals and Objectives for Board Appointees as a Part of the Performance Evaluation Process-, Agenda Item 10 Approve Issuing a Pen-nit to Enter and Construct to the County of Santa Clara for a Bridge Replacement Project on Stevens Canyon Road at Saratoga Gap Open Space Preserve-, Consider the Recommended Action Under the California Environmental Quality Act (CEQA) As Set Out in the Report; Approve the Permit to Enter and Construct to the County of Santa Clara for Replacement of County Bridges 37C-576 and 37C-577 along Stevens Canyon Road at Saratoga GM Open Space Preserve; Agenda Item 11 Approve the Annual Claims List, Including Debt Service Payments for Fiscal Year 2008-2009; and Revised Claims 08-06. C. Riffle seconded the motion. The motion passed 6 to 0 on the Written Communications, the January 30, 2008 and February 13, 2008 Board Minutes, and Agenda Items 9, 10 and 11. The Revised Claims 08-06 passed 5 to 0 on Revised Page 2 Meeting 08-09 Claim numbers 8276 and 8326-R with one recusal from M. Davey; and the remaining Revised Claims passed 6 to 0. VIII. BOARD BUSINESS A. Agenda Item No. I — Final Approval of Amendment to the Use and Management Plan for El Sereno Open Space Preserve to Establish a Permit-Only Parking Area and Designate Recreational Uses on Overlook Trail, Approve the Use and Management Plan Amendment for El Sereno Open Space Preserve to Establish a 6-car Permit-Only Parking Lot at the End of Overlook Drive Past Gate ES05; Issue a Maximum of Six Permits Per Day and 30 Permits Per Month, Provide Enforcement of"No Parking"Ordinances at the End of Overlook Drive Adjacent to the Preserve, and Other Operational Components of the Plan as Set Out in this Report; Formally Designate Overlook Trail as Open to Hiking, Bicycling, and On- Leash Dog Use, and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) Based on the Record Before the Board and As Set Out in this Report - (Report R-08-43) A. Christensen presented the staff report and said that this item requested final approval of the proposed Use and Management Plan to install a six-car permit parking lot at El Sereno Open Space Preserve. She said that the Board approved the tentative Use and Management Plan for this project at their March 11, 2007 Board meeting. A. Christensen said that new elements of the project were raised following the March I I meeting. She said the neighbors were concerned about the traffic impact and staff hired a traffic consultant to review the impact. There should be negligible additional traffic in the area as a result of the permit lot. There will be a limit of 30 permits per month and a maximum of only six cars in the lot per day. The traffic consultant said that there would be a negligible increase of car traffic. A. Christenson reviewed the other concerns and suggestions brought up by the neighbors. Concern: Increased use of neighborhood roads by those without parking permits. Reply: Staff would provide a statement indicating the private road on the actual parking permit. She showed a slide of the regulatory language they would use. She said that staff will work with the Montgomery Heights Homeowner's Association (MHHA). She said that staff reviewed the by-laws of the MHHA. The District will pay its share of road repair costs. Concern: Condition of Overlook Trail. Page 3 Meeting 08-09 Reply: Staff rates the Overlook Trail as a grade-A trail in good condition. Only minor maintenance is needed. It is well suited for users of gentle trail use needs. Sugg estion: Villa Montalvo trail connection. Reply: A trail connection would require over two miles of new trail and would take several years to implement. Staff could work with Santa Clara County Parks to accomplish the new trail connection; however, this idea does not provide a near-term solution to access the area. The goal of the Use and Management Amendment is to provide public use of open space. S. Schectman said that she would like to respond to a legal issue brought up in Elizabeth Twaddell's letter. S. Schectman said that the District is not opening the road to the public. She said that Public Resource Code/Government Section 5540 is the basis for the District's authority to purchase property, not the basis for the District's right to construct a permit-only parking lot. She said that the staff report states some of the District's legal rights . The District may increase the use of an casement and not be an overburden on the land, particularly where increased use was reasonably foreseeable and the amount of use does not unreasonably burden the underlying land. She said that the District's parcels are zoned for residential development and this increased use was foreseeable.. K. Nitz asked S. Schectman about the Good Neighbor Policy's notification section and asked if the neighbors near the Hayes parcel were notified at the time of the purchase. M. Freeman replied that at the time of the purchase of this parcel, the Good Neighbor Policy was not in effect. They had a short list for the Hayes property acquisition and neighbors were notified, including Ms. Twaddell. Public Comment Elizabeth Twadell thanked C. Britton for his work at the District. She said she did not recall being notified about the Hayes acquisition. She said her frustration included that the restrictions are not binding and asked if there are any binding restrictions. She said that if a group of neighbors are going to sue the District, how can the District open a lot sooner rather than later. She said that there does not need to be a rush. Fariborz Agandel presented PowerPoint slides asking why the District is planning a parking lot. He asked if the public is asking for a lot, or is there a shortage of places to go. He said options included Villa Montalvo, Sanborn County Park and Sierra Azul Open Space Preserve. He said that if the District is looking for access to the northern area of the preserve, they should look at the Canon Road access at the end of the County maintained road where there was room for two to three cars. He said that Stewart Ridge could accommodate a few cars. He asked if the Page 4 Meeting 08-09 District has a budget of$22 million, why is a two-mile trail from Villa Montalvo not feasible. He said there have been unanswered questions and that the proposed lot is not the best option. He asked what the District wants to do over the long term and what is the real and immediate need of this lot. Steven Krotoski said that there were many unanswered questions. He said that while driving home there was a speeding bicyclist heading toward him. He said there were problems with the trail use. He said he wants to have a discussion and that there was not enough time to speak. He said in his experience the bicyclists are aggressive and they ignore signs. It takes the sheriff 15 minutes to arrive after being called. He said the traffic impact is not negligible and that over time the problem will be compounded. He would like more time to show alternative areas. He said he loves the District trails. He said there was not enough information to make a decision at this meeting. He showed the Board the petition. He said he has unanswered e-mails and questions and closed saying that with time, a better solution is out there. Gibson Anderson said that the neighbors were mixing up issues. Pre-existing bicycle use on the roads is a different issue from a parking lot on District land. He said he bikes up to the water tank and that there is a prescriptive right to use the road. Public comment period ended. C. Britton gave some historical information about the El Sereno Open Space Preserve. He said the first parcels were purchased in 1974 and that it has been a struggle to provide public access at this preserve. He said there are small parking spots at Monte Vino Road and Bonovino, Road. He said that Villa Montalvo is close and ties into El Sereno, but there is no access from Villa Montalvo to El Sereno. He said the staff understands the private road issues. He said that staff is available and wants to work with the neighbors. He said that La Honda Creek Open Space Preserve's permit parking lot is a good example of how the District worked with the neighbors and now there is a 10-car permit parking lot allowing the public to access the preserve. He said the same may be true for El Sereno and has hope that other solutions will become available. He said that staff has capped the amount of cars to 30 per month and to increase that number staff would need to come back to the Board for approval. He said he did not want to see litigation over this project. When the District purchased the Hayes property it was an acknowledged difficult area by the neighbors. At the time the District purchased the Hayes property, the possibility of a small permit lot was included. He said the General Manager's recommendation is reasonable and he said he did not believe the lot would be a burden. P. Siemens asked how binding a decision it was the Board would be making tonight if they approved the Use and Management Amendment. S. Schectman Page 5 Meeting 08-09 said that a future Board might assess other options if the need arose in the future. If that occurred, then the Use and Management Public Participation Process would have to occur again before the plan could be changed. P. Siemens asked about Canon Road and what staff knew about it. M. Freeman replied that staff went to Overlook and saw the Canon Road pullout. He said the terrain is very steep and the District would need to undertake a big permitting process. K. Nitz asked about Stewart Ridge. M. Freeman said that Stewart Ridge is included in the Santa Clara County Master Plan. The Plan did not identify a staging area at Stewart Ridge and he said that he had not assessed those areas. P. Siemens asked if there were any other long-term plans for El Sereno. M. Freeman said the vision adopted in 1998 was a conceptual vision. There was a potential trail from Overlook to Tomas Aquinas Trail, but it would require an easement. K. Nitz asked how often the Tomas Aquinas Trail is used. M. Freeman said that Operations staff may know more about the use, but added that the trail is used by the neighbors and that there is limited parking. M. Newburn said that the Tomas Aquinas Trail was not assessed with a trail count. He said it is used from top to bottom and it is not highly used. Motion: M. Davey moved for the final approval of amendment to the Use and Management Plan for El Sereno Open Space Preserve to establish a permit-only parking area and designate recreational uses on Overlook Trail; Approve the Use and Management Plan Amendment for El Sereno Open Space Preserve to establish a 6-car permit-only parking lot at the end of Overlook Drive past Gate ES05; Issue a maximum of six permits per day and 30 permits per month; Provide enforcement of"no parking"ordinances at the end of Overlook Drive adjacent to the preserve, and other operational components of the plan as set out in this report; Formally designate Overlook Trail as open to hiking, bicycling, and on-leash dog use; Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA)based on the record before the Board and as set out in this report. L. Hassett seconded the motion. Discussion: L. Hassett said that he was involved with the Hayes property acquisition and there was strong support, especially from the MHHA community. It was clear when the District acquired the property that a staging area would be installed. He said that staff has done a marvelous job answering questions and developing a compromise. He said he agreed with Mr. Anderson that the issues were being confused. He said that resolving the pre-existing Page 6 Meeting 08-09 bicycle issue was different from putting in a parking lot. He said he felt very strongly that he could not support private open space using public funds. J. Cyr said he was satisfied with staff s responses to the March I I Board meeting. C. Riffle said that staff had done a good and thorough job. P. Siemens said he would support the motion before them. He was satisfied with capping the number of permits to 30 per month. Vote: P. Siemens called for a Roll Call vote. G. Sam read each Board member's name and asked for their vote as follows: Jed Cyr—yes Mary Davey—yes Larry Hassett—yes Curt Riffle—yes Ken Nitz— abstain P. Siemens - yes The motion passed 5 to 0 with an abstention from K. Nitz. At 8:35p.m., P. Siemens called for a five-minute recess. The meeting reconvened at 8:46p.m. M. Freeman asked to acknowledge A. Christensen for the great job she did in preparing for the Use and Management and Board meetings. He said she recognized the 700,000 District constituents and she went above and beyond notifying the neighbors, giving them the maximum amount of time to review and respond to information. J. Cyr said he wanted to echo M. Freeman's comments and he said he wanted to commend M. Freeman for recognizing key people to the Board. B. Agenda Item No. 2 —Adoption of the Action Plan for Implementation of the District's Basic Policy for Fiscal Year 2008-2009 - (Report R-08-42) C. Britton said that staff brought changes to the Action Plan to the Administration and Budget Committee and that the Action Plan before the Board showed the strike-out/ underline of the changes. C. Riffle referred to Operations section page 2, number 2 and the phrase, "three to five years" and what the timing meant. K. Nitz said he thought the actual dates Page 7 Meeting 08-09 should be inserted so that the time does not roll. G. Baillie said the intention was that the dates would not roll and said that staff will insert actual dates. Motion: C. Riffle moved that the Board adopt the Action Plan for Implementation of the District's Basic Policy for fiscal year 2008- 2009. K. Nitz seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3a—Approve the Proposed Fiscal Year 2008-2009 Budget as Initially Presented on March 12, 2008 and as Presented in the Staff Report 08-44 (Agenda Item 3b), and Adopt the Administration and Budget Committee Recommendations as Contained in this Report - (Report R-08-41) C. Riffle introduced the Administration and Budget Committee report as chair of the Committee. He said this was his second time to go through the budget process. He said the committee met seven times and he wanted to compliment E. Cuzick, B. Congdon, and G. Baillie. He said he was impressed with the managers. He complimented K. Nitz and M. Davey. He said M. Foster brings wisdom to the process and he thanked C. Britton for managing the projects and budget. He said the process is good and it is a good budget. C. Britton said that the Administration and Budget Committee recommends adopting Agenda Item 3b. C. Britton said that at the committee meetings they had long discussions about the District's 7% guideline, which he said is over. He said the other ratios are fine, but the Committee was concerned about the future financial health. He said the District is also guided by a Capital Improvement Program, and the Operations guideline, and the Committee wants to control the Operations guidelines to stay within the tax line income and to reassess commercial land and property values. He said there is a threat of a State take-away of District money. He said that under public access improvements, they have not had litigation in the past, but now there is a possibility of two lawsuits. He said the recommendation to expand the Capital Improvement Budget line should include funds for litigation. C. Britton said that the Committee recommends a workshop with the new General Manager to discuss new guidelines. He said that generally the projections are over the actual spending and there will be mid-year adjustments. C. Britton said there were several "clean up" items, including: Naming a new line item if a miscellaneous cost is over$5,000; extending the time limit from 18 months to five years for Planning to use acquisition funds for new purchases on projects. J. Cyr thanked him for the explanation. He said he wondered why K. Nitz was in opposition to recommendation number 6. K. Nitz said part of his reason was the Page 8 Meeting 08-09 day-to-day operations, and that it was a philosophical reason. L. Hassett said that C. Britton's explanation was great. He said it showed a lot of thought that goes into the process and the budget. K. Nitz said he appreciated C. Riffle being on the Committee and his accounting knowledge. P. Siemens said that the guideline gives impetus to the budget. C. Riffle referred to page 3 and said that the word "less" should be deleted and replaced with the word"has". K. Nitz said he would be glad to have a workshop. He said the District needs to have sustainable growth and that looking at the guidelines will help. P. Siemens said he agreed about the workshop. He asked what would happen with the 10-year contract with Rancho San Antonio that expires in 2012. C. Britton said he would like to see it continue and that he thought that would not be a problem. Motion: C. Riffle moved to approve the proposed fiscal year 2008-2009 budget as initially presented on March 12, 2008, and as presented in the Staff Report 08-44 (Agenda Item 3b), and adopt the Administration and Budget Committee Recommendations as contained in this report. K. Nitz seconded the motion. The motion passed 6 to 0. D. Agenda Item 3b—Adoption of the Budget for Fiscal Year 2008-2009 Including a Three-Point Salary Increase for all General Manager Appointed Employees; (1) Approve a Three-Point Salary Increase for the Office, Supervisory and Management Employees Beginning April 1, 2008. The Five-Year Memorandum of Agreement (MOA) with the Represented Employees also Provides a Three- Point Salary Increase in Year 3, Which Commences with the 2008-2009 District Fiscal Year; (2) Approve the Following Proposed New or Revised Staff Positions: (a) A New Senior Resource Planner Position Including the Proposed Job Description; (b) Reclassification of the Resource Management Specialist Position to a New Senior Resource Management Specialist Including the Proposed Job Description, an Additional Resource Specialist I Position-, One New Ranger Position for the Skyline Field Office; and an Additional 2,000 Hours of Seasonal Time for a New Seasonal Ranger Program; (c) An Additional Half-Time Administrative Assistant to Provide Support to the General Manager and Legal Services; (3) Adopt the Resolution Approving the Budget for Fiscal Year 2008- 2009 and the Amendment to the Classification and Compensation Plan (Exhibit A to the Resolution) Reflecting the Three-Point Salary Increase for all District Employees, Including the Two Newly-Created Positions—(Report R-08-45) Page 9 i Meeting 08-09 G. Sam said that the Board was being asked to pass the Resolution to adopt the 2008-2009 budget. He said the report included the new classification and pay plan for the District employees showing a 3% increase. He said the new staff positions were included and had been discussed at the Administration and Budget Committee meetings. E. Cuzick said that the District's 2008-2009 budget was $65,122,915. There was an increase of$1.9 million for the Beatty property closing escrow, which would fall in the 2008-2009 budget year. She also pointed out that California JPIA claims resulted in a change in their policy. Motion: C. Riffle moved adoption of the proposed Budget for fiscal year 2008-2009 including a three-point salary increase for all General Manager appointed employees; (1) Approve a three-point salary increase for the Office, Supervisory and Management employees beginning April 1, 2008. The five-year Memorandum of Agreement(MOA) with the represented employees also provides a three-point salary increase in Year 3, which commences with the 2008-2009 District fiscal year; (2) Approve the following proposed new or revised staff positions: (a) A new Senior Resource Planner Position including the proposed job description; (b) Reclassification of the Resource Management Specialist position to a new Senior Resource Management Specialist including the proposed job description; an additional Resource Specialist I position; One New Ranger position for the Skyline Field Office; and an additional 2,000 hours of seasonal time for a new Seasonal Ranger Program; (c) An additional half-time Administrative Assistant to provide support to the General Manager and Legal Services; (3) Adopt Resolution No. 08-19 approving the Budget for fiscal year 2008-2009 and the amendment to the Classification and Compensation Plan (Exhibit A to the Resolution) reflecting the three-point salary increase for all District employees, including the two newly-created positions. K. Nitz seconded the motion. The motion passed 6 to 0. E. Agenda Item 4— Proposed Lease and Management Agreement with Peninsula Open Space Trust for the One-Half Interest in the Peninsula Open Space Trust (Behroozi) Property Located Adjacent to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 537- 09-007 and 537-09-008); Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act CEQA) As Set Out in the Report; Authorize the General Manager to Sign the Lease and Management Agreement with Peninsula Open Space Trust and, Subject to Approval by the General Manager and General Counsel, to Approve Minor Revision i s to this Agreement Which do not Substantial) Change an Material g � �v Page 10 Meeting 08-09 Terms of the Agreement; Adopt the Preliminary Use and Management Plan Contained in the Report—(Report R-08-26) M. Williams showed a wall map of the 71 acre Behroozi property. He said that Peninsula Open Space Trust (POST)purchased the 83 acre property. He said the District would enter into a Lease and Management Agreement with POST for a five-year term. The agreement allows the District to manage and patrol the property. He said that POST would apply for tax exemption for this property. J. Cyr asked what was POST's 50% share of the tax amount. M. Williams said it is $660.00 annually. P. Siemens asked if the property was under the Williamson Act and M. Williams said it was not. C. Riffle asked who owns the other half of the interest in the property and if they were notified. M. Williams said the other party was notified. S. Schectman said that the District needs to be cognizant of the co-owner and that staff would consult with the other owner. Motion: K. Nitz moved to approve the proposed Lease and Management Agreement with Peninsula Open Space Trust for the one-half interest in the Peninsula Open Space Trust (Behroozi) property located adjacent to the Kennedy-Limekiln area of Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 537-09-007 and 537-09-008); Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the report; Authorize the General Manager to sign the Lease and Management Agreement with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel, to approve minor revisions to this Agreement which do not substantially change any material terms of the Agreement; Adopt the Preliminary Use and Management Plan contained in the report. C. Riffle seconded the motion. The motion passed 6 to 0. F. Agenda Item 5 —Approval of Cost-of Living Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of District General Counsel's Employment Agreement; As a Result of the Board's Evaluation of the General Counsel's Performance for Fiscal Year 2007-2008 the Ad Hoc Board Appointee Evaluation Committee Recommends a Three Point Cost-of-Living Sal4a Adjustment, Effective April 1, 2008 and a 5% Meritorious Pay Award for the General Counsel, and Approval of the Attached General Counsel's Employment Agreement; Adopt the Resolution Approving the District General Page I I