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HomeMy Public PortalAbout20081210 - Minutes - Board of Directors (BOD) ` Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Meeting 08-28 REGULAR MEETING BOARD OF DIRECTORS I December 10, 2008 MINUTES REGULAR MEETING I. ROLL CALL President Pete Siemens called the Special Meeting to order at 7:00 p.m. and asked for the Roll Call. Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Ken Nitz, Larry Hassett, Mary Davey and Curt Riffle. Members Absent: None Staff Present: S. Abbors, S. Schectman, G. Sam, D. Sanguinetti, M. Freeman, R. Jurgensen, M. Williams, C. Roessler, N. Perez, A. Speidel, S. Sommer, M. Foster, A. Ruiz 11. ORAL COMMUNICATIONS—There were none. 111. ADOPTION OF AGENDA S. Abbors requested a change in the order of the agenda items under`Board Business" to accommodate audience guests who wanted to speak on certain reports. He suggested the order for Board Business items be changed to the following: No. 6, No. 7, No. 8, No. 10, No. 12, No. 9 and No. 11. President Siemens requested a motion from the Board to adopt this change. Motion: Director Cyr moved that the Board adopt the Agenda as amended with the Board Business agenda item order changed to No. 6,No. 7,No. 8, No. 10, No. 12,No. 9 and No. 11. Director Riffle seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF THE CONSENT CALENDAR Director Nitz commented that he liked the format of the minutes. Motion: Director Cyr moved that the Board adopt the Consent Calendar, including approval of the November 12, 2008 Board Minutes; Agenda Item No. 4 Adopt the Preliminary Use and Management Plan for the Former Sampson Property as an Addition to the Bear Creek Redwoods Open Space Preserve (Santa Clara County APN 544-50-007); Agenda Item No. 5 Annual Seasonal Trail Closures Informational Report and Revised Claims 08-21. Director Hassett seconded the motion. i ' Meeting 08-28 Page 2 Vote: The motion passed 7 to 0 except for the AT&T Claim numbers 9164 and 9303R and Verizon Claim number 9295 identified on the Revised Claims list. Director Davey said she was recusing herself from voting on the AT&T Claim numbers 9164 and 9303R and Director Hanko voluntarily recused herself from voting on these claims. The Board vote on the AT&T claims passed by a vote of 5 to 0. Director Hanko recused herself from voting on the Verizon Claim number 9295. The Board vote on the Verizon claim passed by a vote of 6 to 0. V. BOARD BUSINESS A. Agenda Item No. 6—Annual Dedication of Certain District Lands and Dedication Status Report— (Report R-08-135) S. Sommer presented the staff report. Director Hanko said it was an excellent report. There was discussion about the smaller properties the District contributed funds to purchase. Motion: Director Hassett moved to approve adoption of a Resolution dedicating interest in certain District lands for public open space purposes. Director Hanko seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 7—Declaration and Certification of Elected Candidate for the District's Board of Directors in Ward 7 —(Report R-08-136) President Siemens asked if Ms. Harris had been sworn in. S. Abhors stated she had been sworn in. Motion: Director Hanko moved to approve the adoption of Resolution declaring and certifying the election of candidate Cecily Harris as District Director of Ward 7. Director Riffle seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 8—Legislative Briefing by Ralph Heim of Public Policy Advocates— (Report R-08-139) R. Jurgensen introduced Ralph Heim. Mr. Heim gave the legislative update that included information about the emergency legislative special session to address the state's budget crisis. He explained in detail the process and reviewed the key issues. i Director Nitz asked if any federal money would be coming to California. Mr. Heim said that the Governor spoke with the President-elect in Philadelphia and identified projects that were ready to go once the state received federal money. Director Nitz asked if property tax was affected and Mr. Heim said that the state will not attach property tax and there should not be any effect to the allocation of tax revenue. i Director Riffle asked Mr. Heim to describe"Armageddon" for the state's money crisis. Mr. Heim said that "Armageddon" is when the state runs out of cash and all services stop. Director Davey asked if California had ever faced a problem like this before and Mr. Heim said it had not. Director Davey asked if the people of the state had any power Meeting 08-28 Page 3 to stop "Armageddon."Mr. Heim said that only groups who are directly affected economically are voicing their opinions. He added that a senator is sponsoring an initiative to change the two-thirds vote rule to pass the budget to a simple majority rule. The Board thanked Mr. Heim and accepted his report. No official action was required. D. Agenda Item No. 10—Proposed Addition of an Undivided Half Interest in the Stanton Property Located in Unincorporated Santa Clara County(Santa Clara County APN 575- 07-001); Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA), Adopt the Resolution Authorizing the Purchase of an Undivided Half Interest in the Stanton Property and Accepting Grant of Right-of-First Offer and Right-of-First Refusal for the Property Being Retained by the Seller; Adopt the Preliminary Use and Management Plan Contained in this Report and Name the Purchased Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; Withhold Dedication of the Property as Public Open Space_ (Report R-08-134) M. Williams resented the staff report and said the other half-interest owners of the P P property were present, Linda and Chuck Jeffery. M. Williams gave an overview of the property location and the features of the property. He also reviewed the terms and conditions of the proposed purchase. Public Comments Linda Jeffery, San Jose, handed out a letter addressed to the Board of Directors. She said she is the co-owner of the property. She said that as owners, she has equal rights and she described those rights and she asked the Board if her rights would remain as before with the previous owner. Director Riffle said there would be no change to her rights as co-owner. Chuck Jeffery, San Jose, asked several questions regarding the text and said the notification about the purchase did not give them enough time to respond. Director's Comments Director Nitz asked if the co-owner of a property needs to be noticed. S. Schectman said they do not require individual notice, but under the Brown Act, the District does post the public agenda and this provides notice. M. Williams said he left a voice message the week before Thanksgiving and sent a follow-up letter about one week later. S. Abbors corroborated the notification described by M. Williams. He offered to send a copy of the appraisal to the Jefferys. M. Williams said that Mr. Stanton notified the District in the summer about selling his half-interest of the property. Director Hassett asked M. Williams to explain what a discounted appraisal was. M. Williams said the appraiser stated that partial interest in a property is discounted; however, the District is not receiving or paying a discounted price. Director Hassett said he was supporting the purchase and said that no harm was occurring to the Jefferys because all that was occurring was a substitution in ownership. i Motion: Director Davey moved approval for the proposed addition of an undivided half interest in the Stanton property located in unincorporated Santa Clara Meeting 08-28 Page 4 County(Santa Clara County APN 575-07-001); Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; Adopt Resolution authorizing the purchase of an undivided half interest in the Stanton property and accepting Grant-of-Right of First Offer and Right-of- First Refusal for the above-described property being retained by the seller; Adopt the Preliminary Use and Management Plan contained in this report and name the purchased property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve; Withhold dedication of the property as public open space at this time. Director Cyr seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 12 —Annual Meeting of and Report to Shareholders of Guadalupe Land Company as Owners of Property Adjacent to the Mt. Umunhurn Area of Sierra Azul Open Space Preserve (Santa Clara County APN Numbers 575-11-004, 575-12-001 and 575-12-013)-(Report R-08-127) M. Williams reviewed the history of the Guadalupe Land Company property and showed the ending bank balance and anticipated expenses over the next three years. Director Hanko asked if the District would be investigating whether it could terminate corporate ownership at some time in the future. M. Williams said that staff will be looking into options to terminate corporate ownership within the next few years. Director Nitz asked about the payment of taxes and miscellaneous expenses. M. Williams and S. Abbors answered the question to his satisfaction. Motion: Director Nitz moved to approve and accept the annual report and the Chief Financial Officer's report to shareholders of Guadalupe Land Company and appoint the Directors of the Guadalupe Land Company. Director Riffle seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 9 —Approve"Mid-Year"Amendments to the 2008-2009 Fiscal Year Budget— (Report R-08-137) M. Foster delivered the Controller's report and reviewed the revenues and expenses for the first six months of the District's fiscal year. Director Riffle thanked M. Foster and asked him if, given what Mr. Heim reported, if the District should make any changes. M. Foster said the District does not get money from the state, so no changes were necessary. S. Abbors reviewed the District's operating expenses modeling and described the process he and the department managers used to achieve the District's financial goals. The Directors complimented M. Foster and staff for achieving fiscally responsible goals. Motion: Director Davey moved to approve the Mid-Year Amendments to the 2008-2009 Fiscal Year Budget, to accept the District Controller's Mid-Year Financial Report and approve Resolution implementing an Amendment to the 2008-2009 fiscal year budget in accordance with the Administration and Budget Committee Meeting 08-28 Page 5 recommendation and approve the Administration and Budget Committee's recommendation to further reduce the Mid-Year Operating Budget by an additional 1.1% to be fiscally conservative given deteriorating economic conditions in the U.S. economy and California state budget. Director Nitz seconded the motion. The motion passed 7 to 0. G. Agenda Item No. 11 —Approval for Removal of Four Eucalyptus Trees at Pulgas Ridge Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)—(Report R-08-132) C. Roessler presented the staff report using PowerPoint and gave some historical information about the removal of the Eucalyptus tree program at Pulgas Ridge Open Space Preserve. Director Riffle said he was in favor. He asked questions about providing shade to the public, public notification and notices to all neighbors and county permits, which staff answered to his satisfaction. Director Nitz said he was opposed to cutting trees on the knoll especially near the off- leash dog area and said some trees should be kept on the knoll to provide shade because it is hot there during the summer. Director Hanko agreed that it is important to provide shade and said she was opposed to this project. Director Cyr said it might be possible to provide a shade structure in the future. Director Hassett said he supported this project and the need to remove trees. He suggested an amendment to eliminate staff s need to bring an annual report to the Board as it adds to their workload. Director Davey said she supported Director Hassett's amendment suggestion. Director Riffle asked for staff comments about Director Hassett's amendment recommendation. C. Roessler said that preparing this annual report does take time. She added that staff is clear on the Board's direction for this project, and since the District must review its county permit every three years, the public gets an opportunity to comment on the project at that time. S. Abbors; said staff could provide a one-page annual report on this ongoing project to the Board in their FYI's. Director Hanko and President Siemens said they would not support the proposed amendment. S. Abhors summarized what the Board was looking for regarding this project. Director Hassett gave his reasons for the proposed amendment to the General Manager's Recommendations. Director Hanko responded with reasons not to support the proposed amendment. Motion on Amendment: Director Hassett moved to amend the General Manager's Recommendations to authorize staff to bring the Eucalyptus tree removal project before the Board every three years instead of annually. Director Davey seconded the motion. The Board vote was done by roll call. Directors Hassett, Davey, Cyr and Riffle voted aye. Directors Hanko,Nitz and Siemens voted no. The motion on the amendment passed with a 4 to 3 vote. Meeting 08-28 Page 6 Motion: Director Davey moved approval to determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the report, and authorize the General Manager to direct staff to remove four Eucalyptus trees at Pulgas Ridge Open Space Preserve. Director Cyr seconded the motion. The motion passed with a 5 to 2 vote with Directors Hanko and Nitz voting against the motion. VI. INFORMATION AND COMPENSABLE MEETING REPORTS Director Davey said this meeting was her only compensable meeting and she departed the meeting at 9:40 p.m. Board Committee Reports Director Hanko reported on the December 3 and 10 Legislative, Funding and Public Affairs Committee meetings. Director Riffle gave a report on the Administration and Budget Committee meetings that occurred on November 13, 18 and 20, 2008. Staff Reports S. Abbors introduced a new staff member, Arleen Speidel, the new Principal Management Analyst and gave some of her background information. The Board welcomed Ms. Speidel to the District. S. Abbors announced that M. Freeman, Planning Manager, was leaving the District. M. Freeman said he had accepted a position as the Conservation Director of the Land Trust in Santa Cruz and he thanked the Board for their support during his years at the District. Director Cyr asked D. Sanguinetti about the bicycle accident at El Corte de Madera Creek Open Space Preserve. D. Sanguinetti described the accident for the Board. He also announced that three District Rangers had graduated from the Santa Rosa academy and he attended the graduation. M. Williams said he met with the Farm Bureau and was doing due diligence for the Purisima- Trail-to-the Sea potential acquisitions. R. Jurgensen handed out new District pins with the new logo. He announced that he recently became a U.S. citizen. G. Sam announced that interviews were underway for the Deputy District Clerk/Office Manager and Human Resources Technician positions. S. Schectman gave additional information about the County of Riverside case and stated that concerns M. Foster had regarding lease financing had been analyzed. She stated the case will not impact the District's financing ability. S. Abbors addressed the "Armageddon"question and discussed the areas he is reviewing including the legislative program, Proposition 1 A, note returns, preparing staff on the budget Meeting 08-28 Page 7 process and planning for a two-day project management training for staff. He said the Management Team held a retreat to discuss District priorities. He said staff is working on the upcoming Action Plan. He thanked the Board for his surprise birthday party at Director Hassett's home. Director Reports Director Riffle said his compensable meetings included three Administration and Budget Committee meetings on November 13, 18 and 20, the November 20 and December 4 Special Board meetings, and tonight's meeting(12/10/08). He asked how the Bay tree removal went and R. Jurgensen said it went very well. Director Nitz said his compensable meetings included three Administration and Budget Committee meetings on November 13, 18 and 20, the November 20 and December 4 Special Board meetings, and tonight's meeting(12/10/08). He said he hiked the Bridle Trail. He announced this was his last meeting after 12 years on the Board of Directors. Director Hanko presented a card and photograph of Big Dipper showing the coastside to Director Nitz. She said her compensable meetings included two Legislative, Funding and Public Affairs Committee meetings on December 3 and 10; the December 4 Special meeting, and tonight's meeting(12/10/08). Director Cyr said his compensable meetings included two Legislative, Funding and Public Affairs Committee meetings on December 3 and 10; the December 4 Special meeting, and tonight's meeting(12/10/09). He said he worked on the Windy Hill trail project sponsored by the Ridge Trail and REI. Director Hassett said his compensable meetings were the two Legislative, Funding and Public Affairs Committee meetings on December 3 and 10; the December 4 Special meeting, and tonight's meeting (12/10/08). He attended a Half Moon Bay City Council meeting and witnessed the swearing in of farmer John Mueller. He took a field trip to Thornewood and El Corte de Madera Creek Open Space Preserves. He said that April Vargas may run for Rich Gordon's seat. He announced there would be a South Skyline party at his home. He said he would miss Director Nitz on the Board. President Siemens said his compensable meetings were three Administration and Budget Committee meetings on November 13, 18 and 20, the November 20 and December 4 Special Board meetings, and tonight's meeting (12/10/08). He attended a Special District meeting and discussed projects to be submitted to request federal funding through the state. He toured the new trail at El Corte de Madera Creek Open Space Preserve. VII. ADJOURNMENT President Siemens adjourned the Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 10:10 p.m. Lisa Zadek, Recording Secretary