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Open Space District
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Meeting 09-05
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FEBRUARY 11,2009
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Hanko called the Special Meeting to order at 6:00 p.m. She called the Roll Call.
Members Present: Mary Davey, Jed Cyr,Nonette Hanko, Cecily Harris, Larry Hassett and
Curt Riffle. Pete Siemens arrived at 6:10 p.m.
Members Absent: None
Staff Present: Steve Abbors, Sue Schectman, Duncan Simmons and Mike Williams
REGULAR MEETING
II. President Hanko called the Regular Meeting to order at 7:05 p.m., and asked for the Roll Call.
Members Present: Mary Davey, Pete Siemens, Jed Cyr, Nonette Hanko, Cecily Harris,
Larry Hassett and Curt Riffle.
Members Absent: None
Additional Staff Present: G. Sam, D. Sanguinetti, R. Jurgensen, A. Ruiz„ N. Perez, G.
Baillie, B. Malone, J. Andersen and A. Speidel.
III. CLOSED SESSION
President Hanko stated that there were no reportable items from the Closed Session Item 1 and
that the Board would reconvene into Closed Session at the conclusion of the Regular Meeting.
IV. ORAL COMMUNICATIONS—There were none.
V. ADOPTION OF AGENDA
Motion: Director Cyr moved adoption of the Agenda. Director Davey seconded the
motion. The motion passed 7 to 0.
Meeting 09-05 Page 2
VI. ADOPTION OF CONSENT CALENDAR
Director Cyr corrected typographical errors on the Board Minutes of January 28, 2009: page 4,
pointed out"cloths" should be "clothes" and page 6, under his informational report, added
"Cupertino and Mountain View" following "Los Altos." Director Riffle corrected a content
error on page 5 of the Minutes, stating that under his informational report, the phrase about his
representation on the Bay Area Ridge Trail Council should be corrected to read"He asked if
the Board should consider appointing a Board representative from the District to the Friends of
the Stevens Creek Trail."
President Hanko and Director Davey said they would recuse themselves from Revised Claim
numbers 9653 and 9630R for the AT&T claims.
Motion: Director Cyr moved adoption of the Consent Calendar to approve the Regular
Board Minutes of January 28, 2009, as amended; and approve the Revised
Claims 09-03. Director Siemens seconded the motion. The motion passed 7 to
0. For Revised Claims, Director Davey and President Hanko recused
themselves from voting on claim numbers 9653 and 9630R. The vote for
Revised Claims numbers 9653 and 9630R passed with a vote of 5 to 0.
VII. BOARD BUSINESS
A. Agenda Item 4—Approval of Appointment of Alternates to the California Joint
Powers Insurance Authority (CaIJPIA) Board of Directors—(Report R-09-1 0)
Motion: Director Hassett moved approval to approve appointment of alternate
representatives to the California Joint Powers Insurance Authority (CaIJPIA) Board of
Directors: General Manager Steve Abbors, General Counsel Sue Schectman, and
Administration and Human Resources Manager Greg Sam. Director Riffle seconded
the motion as amended. The motion passed by a vote of 7 to 0.
B. Agenda Item 5—Adopt the Resolution Amending the District's Conflict of Interest
Code—(Report R-09-07)
G. Sam presented the report. President Hanko asked when the Board would be asked to
submit the annual Conflict of Interest statements and if copies of the previous year's
statement could be made available to the Board members. G. Sam handed out a
calendar showing the Form 700 distribution and due dates and said that previous year's
copies would be available. He said training would be offered for staff and the Board on
why and how to fill out the forms.
Motion: Director Hassett moved that the Board adopt Resolution No. 09-06
amending the District's Conflict of Interest Code. Director Cyr seconded the motion.
The motion passed by a vote of 7 to 0.
C. Agenda Item 6—Permission to Conduct Training Burns at the Rancho de Guadalupe
Area of Sierra AzuI Open Space Preserve in Conformance with the Agreement with
Santa Clara County Fire Department• Determine that the Recommended Actions are
Categorically Exempt under the California Environmental Quality Act (C QA)—
(Report R-09-14)
Meeting 09-05 Page 3
G. Baillie introduced two guests: Battalion Chief Hal Rooney from Santa Clara County
Fire Department and Captain Rich Salazar of CALFIRE. G. Baillie gave an overview
of the staff report. He pointed out that staff had expanded the number of mailings to
publicly notice the bums.
Director Siemens asked if part of the reasons for the bums was for resource
management and G. Baillie replied in the affirmative. Director Siemens asked if there
would be any drill seeding. B. Malone replied that the plan was to spray the Harding
grass and then burn it, which has been successful in reducing the amount of harking
grass. He said he did not think there were any plans for seeding.
Director Hassett said that the notification was working effectively.
Director Riffle referred to page 3 of the report, bullet 4 and asked for clarification of
what the District is going to do from a resource management point of view. G. Baillie
said there would not be any follow-up actions except there will be photo monitoring
before and after the bum. Director Hanko said she thought this was the same area that
was burned over and over again and asked why they would want to bum native grasses.
Director Hassett said the next agenda item is the area that has been burned several
times. He said that his understanding is the burn area discussed in this report addresses
the issue of this area receiving more native grass competition if the heavy thatch level is
reduced; burning in this location will create an environment that encourages growth,
which will benefit native grasses.
Director Cyr said this area is the most effective place for training bums because of the
hydrants. He said the following staff report shows the prescribed bum will enhance
resource management.
President Hanko said it seemed the native grasses can be burned without trouble and
asked why they are not doing more with the bum area. Director Siemens suggested that
they have a discussion on the pros and cons about re-seeding,this area.
Public Comment
Daryl Wolf of CALFIRE said he has been involved with the training bums at Rancho
de Guadalupe. He said that over time, he has seen less and less non-native star thistle
year after year, and some of the cattails around the lake have gone too. He said most of
the work is done by the Open Space staff and his CALFIRE staff more or less observe.
He said it is a very controlled burn, and they use small flame lengths.
Rich Salazar of CALFIRE said he's been involved with these training burns for 10
years, and he has seen the benefits. He added that training staff in open space fire
fighting is good preparation for his staff to help other departments throughout the state
during fire season.
Motion: Director Siemens moved that the Board 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 work with
Santa Clara County Fire and other fire agencies to conduct prescribed bums for training
purposes at the Rancho de Guadalupe area of Sierra Azul Open Space Preserve, as
specified in the existing Permit to Enter; and allow for additional training not involving
Meeting 09-05 Page 4
live fire, from the date of execution through December 31, 2010. Director Davey
seconded the motion. The motion passed 7 to 0.
D. Agenda Item 7—Authorization to Conduct a Vegetation Management Prescribed Burn
at Russian Ridge Open Space Preserve in 2009— (Report R-09-12)
G. Baillie presented the staff report and referred the Board to the attached exhibits
showing the planned burn area. He said the Board members would be invited to view
the bum and staff is reaching out to other communities and neighbors to view the burns
too.
G. Baillie introduced Angela Bumheisle of CALFIRE. Ms. Bumheisle said she is
looking forward to having a bum this year.
Director Siemens asked if there would be drill seeding following the bum. B. Malone
replied that, two years ago, staff did plot testing of drill seeding and they would look at
it again this time. He added that they do have drill-seeding equipment. Staff will
follow up with spraying non-native Harding grass and thistle.
Director Riffle said he was disappointed that Cindy Roessler was not present to
comment on the resource management aspect of the project. President Hanko said she
had similar concerns and asked clarifying questions about monitoring the site. S.
Abbors said that both burn sites will be monitored.
Director Cyr said this has been a long-term study for the District, and he suggested that
staff provide a refresher for new Board and staff members to discuss how this bum
would relate with the vegetation management.
Director Hassett noted that, two years ago, a lot of people from the public came out to
see the bum and last year, there was a large notification and staff responded to the
concerns brought up by the public.
Motion: Director Cyr moved to authorize District staff to work with CALFIRE
(formerly CDF) and other fire agencies to conduct a prescribed bum at Russian Ridge
Open Space Preserve in 2009 for habitat enhancement purposes. Director Siemens
seconded the motion. The motion passed 7 to 0.
E Agenda Item 8—Approval of Reclassification of Community Programs Aide to
Assistant Program Coordinator and Amend the Fiscal Year 2008-2009 Position
Classification and Compensation Plan—(Report R-09-15)
S. Abbors presented the staff report. Director Riffle asked clarifying questions about
reclassifying the position that staff answered to his satisfaction. Director Cyr and
President Hankc, were glad to see the additional responsibilities were in line with the
increased duties and the responsibilities were given to the incumbent in this position
because she was capable of performing them.
Motion: Director Davey moved approval for reclassification of the Community
Programs Aide to Assistant Program Coordinator and adopted Resolution No. 09-07
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amending the Fiscal Year 2008-2009 Classification and Compensation Plan. Director
Siemens seconded the motion. The motion passed 7 to 0.
F. Agenda Item 9 —Acceptance of Report on the District's FY 2007-2008 Legislative
Program and Adoption of the FY 2009-2010 Legislative Program—(Report R-09-25)
R. Jurgensen reviewed the results of the 18 goals set in the District's 2007-2008
Legislative Program.
Directors Siemens and Riffle asked about the special license plate funding. Director
Riffle asked how much money the District would receive and suggested the public does
not know about the license plate. R. Jurgensen said that any funds received from the
program would benefit the San Francisco Bay Area Conservancy Program. He added
that information about ordering the license plate could be placed on the District's
website to help publicize its availability.
Director Riffle asked R. Jurgensen what he and the District learned this year working
on the legislative program. R. Jurgensen replied the legislative process is
unpredictable, and he's learned that moral arguments are stronger than legal arguments,
and that legislative staff members can cause roadblocks. It has been a difficult
environment because funds are tight. S. Abbors added that we have also learned the
District's advocates, both at the state and federal level, are outstanding
R. Jurgensen reviewed the proposed goals for the District's 2009-20 10 Legislative
Program.
He showed two videotapes about Mt. Umunhurn and discussed the next steps to make
an edited public version. Director Cyr said they need to be cautious on the message and
R. Jurgensen agreed that the tone was important. Director Harris asked if the video was
intended to be a public service announcement for the public and will be shown on the
website. R. Jurgensen replied this was the intention. Director Harris said the
environmental community would be called to action after seeing the video. Director
Cyr said he was concerned about advocating political action on the website. S.
Schectman said she would ensure that any use of the video and website would be in
compliance with applicable laws.
Director Riffle said the 2009-2010 program was a good list, but long. He asked about
the Legislative, Funding and Public Affairs Committee's involvement and if the Board
could be given a six-month update. Staff said they could present an update at six
months. Director Cyr said LFPAC is very involved and the committee hears the staff
reports and comments on them before they are presented to the full Board.
The Board accepted the FY 2007-2008 Legislative Program. No formal action was
required.
Motion: Director Cyr moved adoption of the FY 2009-20 10 Legislative Program
and to authorize the Board President and General Manager to submit correspondence
on behalf of the District to local, state and federal elected officials in support of or in
opposition to pending legislation when the General Manager and General Counsel
determine such positions to be in the best interest of the District. The Board asked any
Meeting 09-05 Page 6
such correspondence be copied to the full Board as part of the next agenda packet and
also be reported to the Legislative, Funding and Public Affairs Committee on a periodic
basis. Director Siemens seconded the motion. The motion passed 7 to 0.
G Agenda Item 10—Elect Board Member to Serve on San Francisco Bay Restoration
Authority—(Report R-09-26)
Motion: Director Davey said that this was a wonderful opportunity and moved
that Director Riffle submit a Statement of Interest to the Association of Bay Area
Governments to serve on the San Francisco Bay Restoration Authority seven-member
Governing Board. Director Siemens seconded the motion.
Discussion: Director Riffle thanked Director Davey and the Board and said he had a
good discussion with Directors Davey and Hanko. He said he did have a concern with
the time element of serving on another Board. He said he would tap the Board
members' knowledge and ask for their help.
Director Hassett recommended a member of the staff be assigned as a support person
for Director Riffle to assist him. President Hanko said an advisory group would be put
together.
Vote: The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
COMMITTEE REPORTS
ADMINISTRATION AND BUDGET COMMITTEE: Director Riffle said the committee met four
times and that staff had done a great job. He said they have a budget that meets the guidelines
and he added that M. Foster was very helpful. He said the full Board would see the initial FY
2009-2010 budget presentation at its meeting on February 25, 2009 and would be asked to
adopt the proposed budget on March 25, 2009. He said there is a tight correlation between the
Action Plan and the Budget.
STAFF REPORTS
S. Abbors pointed out a memo summarizing changes to the Action Plan.
R. Jurgensen said the Volunteer Recognition Event is scheduled for August 29, 2009 at
Mindego Hill.
G. Baillie said there is usually a third bum opportunity at Monte Bello; however, Palo Alto
Fire was not able to participate so there will not be a bum this year at that preserve.
DIRECTOR REPORTS
Director Riffle said his compensable meetings were the Administration and Budget Committee
meetings on January 29, February 2, 5, and 6, and the Special Board meeting on February 4
and tonight's meeting.
Director Harris said she observed the Real Property and LFPAC meetings. She said she is
scheduled to go on a ride-along. She said her compensable meetings included the February 4
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Special meeting and the Administration and Budget Committee meeting on February 2, 5 and 6
and tonight's meeting.
Director Siemens said his compensable meetings were the February 4 Special meeting and
tonight's meeting.
Director Davey said her compensable meetings were the Administration and Budget
Committee meetings on January 29, February 2, 5, and 6, and the Special Board meeting on
February 4 and tonight's meeting.
Director Cyr said his compensable meetings were the February 4 Special meeting and tonight's
meeting. He said he attended the Cultural Resources training at both the Skyline Field Office
and Foothills Field Office field offices and that it was a very good training.
Director Hassett said his compensable meetings were the February 4 Special meeting and
tonight's meeting. He said he attended the Cultural Resources training at the Skyline Field
Office and it was fascinating. He displayed his new District logo clothes and stated it was easy
to order them on-line through the District's website.
President Hanko said her compensable meetings were the February 4 Special meeting and
tonight's meeting. She said she attended the first part of the Cultural Resources training at the
Foothills Field Office. She said she would like to know when the Cultural Resources training
would be scheduled at the Administration Office. S. Abbors said that staff would let the Board
know when it is scheduled.
IX. ADJOURNMENT
President Hanko adjourned the Regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:26 p.m. and stated they would be reconvening the Closed
Session to continue discussion of Closed Session Agenda Item 1.
At 9:34 p.m., the Board adjourned to the reconvened Closed Session. The Closed Session
concluded at 10:30 p.m. President Hanko publicly stated there were no reportable items from
the Closed Session and she adjourned the meeting.
Lisa Zadek, Recording Secretary