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HomeMy Public PortalAbout20090225 - Minutes - Board of Directors (BOD) Midpeninsula Regional ' Open Space District Meeting 09-06 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FEBRUARY 25,2009 MINUTES REGULAR MEETING I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 7:00 p.m. She called the roll. Members Present: Mary Davey, Jed Cyr,Nonette Hanko, Cecily Harris, Larry Hassett, Pete Siemens and Curt Riffle. Members Absent: None Staff Present: Sue Schectman, Duncan Simmons, Greg Sam,Nicole Perez, Elaina Cuzick, Ana Ruiz, David Sanguinetti, Michael Williams, Michael Foster, Arleen Speidel, Kristi Britt, Michael Reeves, Bunny Congdon, and Cindy Roessler. II. ORAL COMMUNICATIONS—There were none. III. ADOPTION OF AGENDA Motion: Director Hassett moved to change the order of the Board Business items, moving Agenda Item 6 up so it would be presented first and moved adoption of the Agenda with this amendment. Director Cyr seconded the motion to amend the order of the staff reports. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR Director Riffle asked about Revised Claim number 9701 which staff answered to his satisfaction. President Hanko and Director Davey said they would recuse themselves from Revised Claim Number 9776 regarding AT&T. Meeting 09-06 Page 2 Motion: Director Cyr moved adoption of the Consent Calendar to Approve the Special and Regular Board Minutes of February 4, 2009, as amended; and Approve the Revised Claims 09-04. 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 Number 9776. The vote for Revised Claim Number 9776 passed with a vote of 5 to 0. V. BOARD BUSINESS A. Agenda Item 6—Approval Issuing a Right of Entry to the California Department of Transportation for the Construction of Drainage Improvements Along State Route 35 (Skyline Boulevard) at Monte Bello and Skyline Ridge and Russian Ridge Open Space Preserves (Santa Clara County Assessor's Parcel Numbers 351-06-025, 351-07-004 and 351-07-005); Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act for the Reasons Set Out in the Report (Report R-09-24) M. Reeves presented the staff report showing a PowerPoint slide presentation. President Hanko and Director Riffle asked if there would be a wildlife corridor. M. Reeves said the culverts would not be screened so small animals could use them as wildlife crossings. President Hanko asked if the property was fenced and M. Reeves said no fencing would be used, but there would be a new rock face. He said the overflow would be gentle. Director Riffle asked how the drainage easements would work. M. Reeves explained and gave examples. He said that no remote access should be necessary and stated the Right of Entry is very specific regarding the terms of access. There was discussion of working with Caltrans and the quick approval they need from the District for their projects and how the District and Caltrans can work in a more timely matter for District projects requiring Caltrans approval. Motion: Director Hassett moved that the Board determine the recommended action is categorically exempt from the California Environmental Quality Act for the reasons set out in the report and to approve the Right of Entry allowing the California Department of Transportation to repair and upgrade two culverts located along State Route 35 at Monte Bello, Russian Ridge and Skyline Ridge Open Space Preserves. Director Siemens seconded the motion. The motion passed with a vote of 7 to 0. B. Agenda Item 4—Controller's Report on the Proposed Fiscal Year 2009-20 10 Budget (Report R-09-36) M. Foster presented the Controller's report on the proposed Fiscal Year 2009-2010 budget. Director Riffle thanked M. Foster for his help during the Administration and Budget Committee meetings. He asked M. Foster if his professional opinion regarding borrow Meeting 09-06 Page 3 money right now. M. Foster said it was not a good time/. He described the difference in the grading of A, AA, and AAA municipal bond ratings. Director Siemens said the Board might consider borrowing at a higher interest rate when looking at the value of property, especially if the property is being sold at a bargain price. He also thanked M. Foster and said he appreciated the spreadsheets. Motion: Director Davey moved to approve the Controller's report. Director Riffle seconded the motion. The motion passed by a vote of 7 to 0. C. Agenda Item 5—Initial Presentation of the District's Proposed Budget for Fiscal Year 2009-2010— (Report R-09-19) E. Cuzick gave the initial presentation of the District's proposed budget for the 2009- 2010 fiscal year. She defined the terms used in the report and discussed each District department's budget. Administration: Director Riffle said any spending by the General Manager in the new discretionary expenditure account would come before the Board for approval. Director Hassett asked why the Training Coordinator position was being transferred from the Operations Department to the Administration Department. G. Sam explained that staff will be proposing to combine the half-time Training Coordinator with a new health and safety function into a full time position to manage District-wide training and federal and California OSHA safety compliance for all departments and staff. Real Property: No questions. Planning: Director Cyr asked about the golf net at Fremont Older Open Space Preserve. S. Schectman reviewed the litigation with Saratoga Country Club and stated that the General Manager was working on a solution with the golf club president. Director Riffle commended A. Ruiz for re-categorizing the proposed 18 Action Plan Items and adjusting some of the priorities. He said this exercise adjusted to the budget nicely. Operations: No questions. Public Affairs: No questions. Director Cyr said the budget process was very thorough. Director Hassett said the budget presentation was a solid and understandable. He added he was impressed with the Administration and Budget Committee and staff. Director Davey said the new coordination between the budget and the Action Plan matches perfectly, Director Siemens said he appreciated the responsiveness of staff and added the Board workshop was helpful. Director Riffle thanked E. Cuzick and welcomed A. Speidel to the budget process. He also thanked B. Congdon and G. Baillie. He said staff did a lot of extra work especially working on the new budget format. He said he was happy to see the District met its Meeting 09-06 Page 4 guidelines. He suggested creating a study group to look at future cash needs. He thanked his fellow ABC members Directors Davey and Harris. The Board accepted the staff report and no official action was required. D. Agenda Item 7—Authorization to Amend the Agreement with EDAW, Inc., for an Additional Amount of$89,245 and Allow for a$10,000 Contingency for a Total Contract Amount Not to Exceed $350,597, to Provide Additional Master Planning Services for the Sierra Azul and Bear Creek Redwoods Open Space Preserves—(Report R-09-29) A. Ruiz presented the staff report. President Hanko said it is important to involve all of the Board members and to have opportunities for Board members to attend meetings. Director Siemens asked if there was a way to compress the schedule so the end of the project would be sooner than one year. S. Schectman and A. Ruiz said they would look at ways to compress the schedule, but reminded the Board there are many factors and regulations that need to be adhered to, including the CEQA process. Directors Hassett and Cyr said they have learned a great deal during the whole process. Director Hassett said that having an open house is a key element and a method for the full Board to get acquainted with the entire process and issues earlier on in the project. Director Cyr said they need to frame a plan on the front end before going before the public and to be clear in the project specifications. Motion: Director Hassett moved to amend the General Manager's recommendation to include the words "amount up to" before the dollar amounts so the Board would approve authorizing the General Manager to amend the contract with EDAW Inc., of San Francisco for an additional amount up to $89,245 and allow for a contingency amount of up to $10,000. The total contract amount would not exceed $350,597 for master planning services at Sierra AzuI and Bear Creek Redwoods Open Space Preserves. Director Riffle seconded the motion as amended. The motion passed with a vote of 7 to 0. E. Agenda Item 8—Field Enforcement Activity for Calendar Year 2008 and Ten-Year Field Activity Summary—(Report R-09-23) D. Sanguinetti presented the 2008 field enforcement activity and 10-year field activity summary report. He noted that vandalism had dropped in 2008. Director Cyr said he appreciated the report and asked about the marijuana incidents. D. Sanguinetti described the incidents and said marijuana is a grave concern. Director Riffle asked if there was a concern in the increase of weapons. D. Sanguinetti acknowledged there was an increase in 2008, but it was difficult to know if this was a trend or not. Meeting 09-06 Page 5 Director Riffle asked if there could be information of dogs off-leash displayed on the graph in the next annual report. D. Sanguinetti said dogs off-leash were a challenge, especially in particular preserves. Director Riffle asked if the Board could see a correlation between the number of miles of trail compared to the number of incidents. D. Sanguinetti said staff could prepare an incident per mile type of chart. Director Hassett said most citations issued were within a half mile on a trail or entrance to a preserve. He asked if there are partnerships with drug enforcement agencies and if our staff could encourage the other agencies to hike District trails. D. Sanguinetti said the District works closely with drug enforcement agencies, but those agencies do not have the resources to hike District trails. The agencies do provide aerial flyovers of the preserves and invite District staff to join those flights. The Board accepted the staff report and no official action was required. VI. INFORMATIONAL REPORTS COMMITTEE REPORTS LA HONDA CREEK MASTER PLAN AD Hoc COMMITTEE: Director Hassett said this Ad Hoc committee met for the final time and finished reviewing the draft plan. The plan is now ready for full Board review. He noted the first meeting of the Ad Hoc committee meeting was in November 2004 and he acknowledged Matt Freeman, A. Ruiz, K. Lenington and the whole Planning Department staff. He said the committee is proud of the document the Board will be reviewing and he regretted the Board was not present at the open house. He noted there will be controversial issues to discuss and stakeholders will have many comments. He directed the non-members of the committee to contact the staff if they have any questions or would like to arrange a field trip. Director Davey added the document coordinated key project items to budget items and the document was very inclusive. STAFF REPORTS S. Schectman commented on the two shooting incidents at Long Ridge Open Space Preserve and the pending prosecution. She also said the US Supreme Court ruled on a case pertaining to an agency's ability to approve monuments in government parks. She said that on March 4, 2009 the state Supreme Court would hear argument in the Riverside case in San Francisco. Director Riffle asked if staff had any comments on Stevens Creek. D. Simmons said there was nothing to report. However, there will be a tour of the area on March 20. M. Williams said he would take three Board members (Directors Riffle, Siemens and Hanko) and staff on a tour of the Purisima to the Sea properties. G. Sam said he e-mailed the Form 700 to the Board and asked if they had received it. He said that S. Schectman would give an orientation on filling out Form 700 on March 9 following the all staff meeting. He announced that the new Deputy District Clerk/Office Manager Anna Duong had started working at the District. He said he will introduce her at an upcoming meeting. Meeting 09-06 Page 6 D. Sanguinetti said there would be a Resource Management work update at Russian Ridge on April 22, 2009. A. Ruiz said that staff completed a grant application to remediate a mercury site on Hicks Road, but it would be a long process to see if they are awarded any grant funds. N. Perez pointed out the new business card design. Director Siemens asked if the font could be larger for"Board Member". DIRECTOR REPORTS Director Davey said her compensable meetings included the February 4, 11 and tonight's Board meetings, the February 2, 5 and 6 Administration and Budget Committee meetings, and the February 23 La Honda Creek Ad Hoc Committee meeting. She said the District will be co- sponsoring a meeting at the Los Altos Hills meeting hall. Director Cyr said his compensable meetings included the February 4, 11 and tonight's Board meetings. He said he attended the SFO and FFO field offices cultural resources trainings. He said he gave an article from the San Jose Mercury News and it would be included in the clippings. He noted the District's website received a commendation. He added the newsletter is fantastic, especially the layout. He said he would attend the Friends of Stevens Creek Trail meeting. Director Hassett said his compensable meetings included the February 4, 11 and tonight's Board meetings and the February 23 La Honda Creek Ad Hoc Committee meeting. He handed out photos of golden eagles that his neighbor took on Skyline ridge. Director Riffle said his compensable meetings included February 4, 11 and tonight's Board meetings, the February 2, 5 and 6 Administration and Budget Committee meetings, and the February 23 La Honda Creek Ad Hoc Committee meeting. He congratulated the Public Affairs staff on the website recognition. Director Harris said her compensable meetings were the February 4, 11 and tonight's Board meetings and the February 2, 5 and 6 Administration and Budget Committee meetings. She said she went on a ride along with M. Newbum and saw snow on Mt. Umunhum. Director Siemens said his compensable meetings were February 4, 11 and tonight's Board meetings. President Hanko said she turned her compensable meeting report sheet in to the Clerk of the Board. She said she was working with Directors Cyr and Siemens on the notes from the January 10, 2009 Board workshop. VII. ADJOURNMENT President Hanko adjourned the Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:26 p.m. Lisa Zadek, Recording Secretary