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HomeMy Public PortalAbout20090513 - Minutes - Board of Directors (BOD) 1 Midpeninsula Regional Open Space District Meeting 09-14 I REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i MAY 13,2009 MINUTES REGULAR MEETING I. ROLL CALL President Nonette Hanko called the Regular Meeting to order at 7:00 p.m. and asked for the Roll Call. Members Present: Nonette Hanko Jed Cyr, Ma ryDavey, Larry Hasset t, Cecily Harris, Pete � Sie mens and Curt Riffle. Members Absent: None Staff Present: S. Abbors, S. Schectman, D. Simmons A. Duong, A. Ruiz, D. Sanguinetti, R. Jurgensen, C. Roessler, C. Koopman, A. Speidel, N. Perez, A. Jatczak, M. Williams, A. Spiegel, and M. Reeves. II. ORAL COMMUNICATIONS There were none. III. ADOPTION OF AGENDA Motion: Director Cyr moved adoption of the Agenda. Director Riffle seconded the motion. The motion passed 7 to 0. i IV. ADOPTION OF CONSENT CALENDAR Director Harris asked about Revised Claim number 10296. Staff answered her question to her satisfaction. Director Riffle asked if there was a fiscal impact when approving the Interim District Clerk appointment. S. Abbors said that there was none. A. Spiegel said that this is classified as a temporary employee and is an interim position. Meeting 09-14 Page 2 Motion: Director Cyr moved adoption of the Consent Calendar to approve the April 8, 2009 Board Minutes; Agenda Item 4: Approval of Interim District Clerk; Appoint Anna Jatczak as Interim District Clerk; and Revised Claims 09-09. Director Siemens seconded the motion. The motion passed 7 to 0. V. BOARD BUSINESS A. Agenda Item 5—_Approval of Amendments to Appendix B: Family and Medical Leave Policy in the District's Personnel Policies and Procedures Manual—(Report R-09-56) A. Spiegel presented the staff report and reviewed the changes to the Family and Medical Leave Act(FMLA) that made it necessary to amend the District's policy. She said there was no fiscal impact to the District's budget. Director Riffle thanked her for the report and said he is glad the District is keeping up with the new laws. President Hanko, asked if the union representative, Rick Parry,had seen the amended policy.. A. Spiegel said that he had not seen it and that the Memorandum of Agreement(MOA)was not updated yet. Motion: Director Cyr moved to approve amendments to Appendix B: Family and Medical Leave Policy in the District's Personnel Policies and Procedures Manual. Director Hassett seconded the motion. The motion passed 7 to 0. B. Agenda Item 6—Determination that the Recommended Actions are ExeMpt from the California Environmental Quality Act and Approval of Contract with Go Native Inc. Not to Exceed $172,200 to Provide Vegetation Management(including Herbicide Application) at Various Open Space Preserves in Fiscal Years 2009-2012—(Report R- 09-211 C. Roessler reviewed the contract process and staff s recommendation to approve a contract with Go Native, Inc. because of their experience and low cost. The contract is a three-year contract with a fiscal impact of about $57,000 for the current fiscal year. Director Riffle said he is in favor of building in-house knowledge and asked what staff will learn. C. Roessler said that staff already does this type of work but they need additional assistance from a contractor. Director Riffle asked if volunteers could help, but C. Roessler said that volunteers are not allowed to use heavy equipment or herbicides. Director Riffle asked about the mechanical methods and if the District has enough equipment. C. Roessler said that at times the equipment is being used on other projects at other areas of the District. Director Riffle asked who the District Pest Control Advisor(PCA) is and C. Roessler said there were two advisors—Steven Ash and Don Bartel. She added that eventually there may be an on-staff PCA,but there is training involved to get qualified. Director Riffle raised a concern regarding the impact of the three-year contract on the District's budget. C. Roessler said that the contract amount is based on a per-hour bid; therefore, District staff can control the overall cost of the contract. Director Siemens added that this is a not-to-exceed contract. Director Hassett asked if travel time will be Meeting 09-14 Page 3 involved. C. Roessler said that the hourly rate is for the actual application and that any associated hours are included in the hourly rate. r President Hanko asked about the chemicals being used and C. Roessler said that only two, as stated in the staff report, are going to be used. Motion: Director Harris moved that the Board determine that the recommended action is categorically exempt from the California Environmental Quality Act(CEQA) as set out in the report; and authorize the General Manager to enter into a three-year agreement with Go Native, Inc., for a total contract amount not-to-exceed $172,200 to perform the safe application of herbicides and mechanical methods to control non-native plants and weeds. Director Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item 7—Approval of proposed purchase of the Peninsula Open Space Trust (Moore) Property as an Addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve, Located Near the End of Weaver Road in Unincorporated Santa Clara County(Santa Clara County Assessor's Parcel Number 558-30-001)—(Report R-09-55) M. Reeves reviewed the staff report and showed pictures of the former Moore property currently owned by Peninsula Open Space Trust(POST). He reviewed the terms and said that there was already a License and Management Agreement with POST and when the purchase is completed, that agreement will be terminated. Director Harris asked why the property was being withheld from dedication. M. Reeves replied that it was because of the District's dedication process, and President Hanko explained the District's policy regarding dedication to Director Harris' satisfaction. Director Harris asked if there was an expense related to dedicating land, and President Hanko said there was none. Director Harris asked about the legal language in Section 1 of the agreement. S. Schectman said that this was typical legal language. She added that Director Harris' question regarding dedication relates to the Riverside County Park District case and explained the issue to be decided in that case. She also told the Board that the Supreme Court is scheduled to issue its opinion in the Riverside case the next day and that she would let the Board know what the decision is. Motion: Director Hassett moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report, adopt Resolution No. 09-13 authorizing purchase of the Peninsula Open Space Trust property and adopt the Preliminary Use and Management Plan contained in the report and name the purchased property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Director Riffle seconded the motion. The motion passed 7 to 0. D. Agenda Item 8—Approve Amendments to the District's Open Space Use and Management Planning Process—(Report R-09-61) Director Hassett introduced the Committee's comments and said that this was an interim course correction and that the Committee and the full Board would take a closer look at the grand picture in the future. i I Meeting 09-14 Page 4 S. Schectman said that the District's initial Preserve Use and Management Policy was adopted in 1977 and that the proposed amendments would bring the policy up-to-date and reflective of current District practices. She reviewed the seven substantive revisions to the policy. Motion: Director Davey moved approval of the Amendments to the District's Open Space Use and Management Planning Process. Director Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item 9—Continue Consideration of Bids for Herbicide Application and Invasive Species Control at Mindego Ranch and Adoption of Mitigated Negativ Declaration to May 27, 2009 Regular Meeting- (Report R-09-20) S. Abbors said that staff is recommending that the Board continue this item until the May 27 meeting. He said that staff had met with the Cuesta La Honda Guild and answered their questions. He said that staff is working on the CEQA document for the project. President Hanko asked if the springs on the property would be affected by the herbicides. S. Abbors said that the District is choosing to use herbicides that do not travel well through the soil so the springs will not be affected. Director Hassett said that he would be missing the May 27 meeting; however, he is glad to hear that the concerns of the Cuesta neighbors were met. He also requested that should there be any further concerns expressed by the public at the May 27, 2009 regular Board meeting, that the item be continued to a later date. Director Siemens said that chemicals degrade in the soil and suggested that staff adds information into the staff report about the length of time for chemical degradation. Director Cyr also suggested that staff adds why the proposed chemicals were being recommended. Motion: Director Siemens moved to continue consideration of bids for herbicide application and invasive species control at Mindego Ranch and adoption of the Mitigated Negative Declaration to the May 27, 2009 Regular meeting. Director Riffle seconded the motion. The motion passed 7 to 0. F. Agenda Item 10—Authorization to Amend Contract with Sage Associates to Provide Conservation Grazing Planning Services—(Report R-09-58) C. Koopmann reviewed the staff report and said that he would be trained to become a Certified Rangeland Manager(CRM) and would be working closely with the CRM at Sage Associates. Director Riffle said that he was happy to see that staff would be trained to be an in- house CRM. He asked if the Grazing Management Plan would be by preserve or for the Meeting 09-14 Page 5 whole District. C. Koopmann said that each preserve would have its own grazing management plan. President Hanko referred to the Good Neighbor Policy and asked how the District would get the information out to the coastal area. R. Jurgensen said that staff is in contact with individuals, agencies and groups through e-mails, telephone calls and letters. C. Koopmann added that he has been attending meetings and getting acquainted with the ranchers in the area and that he is building good working relationships with them. M. Williams also gave examples of staffs outreach to the coastal community. Director Davey said it was nice to feel welcomed in the coastal community at the February meeting. Motion: Director Hassett moved to authorize the General Manager to amend the contract with Sage Associates for an additional $30,000 for a total authorization amount not-to-exceed $69,000, for preparation and administration of grazing plans, training of District staff and related support of conservation grazing activities on District lands. Director Riffle seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS COMMITTEE REPORTS REAL PROPERTY COMMITTEE: Director Davey, chair, gave a report on the recent committee meeting and tour on the POST (Moore) property. She said that M. Williams and S. Sommers answered the public questions and concerns. BOARD APPOINTEE AD Hoc COMMITTEE: President Hanko said the committee would be meeting after tonight's session to discuss compensation for board appointees. STAFF REPORTS D. Sanguinetti said that he and D. Topley received news that their representative from Macro (the radio upgrade company) had resigned. He said that D. Topley would need to begin the process again, but added that Macro would be assigning a new representative. He said this was a disappointing set-back for this project. M. Williams gave a follow up report on the Real Property Committee meeting. He said he had consulted with Jack Olsen and Gail Raabe regarding agricultural use on property and sent an information package. He said he visited the Woods Trust property and said it is a fabulous property, like an island within Portola Valley. He said that at the end of the week he and E. Cuzick would be meeting with the Bear Creek Stables tenants and their consultant, Del Woods, would attend the meeting. He said that staff went to the site to look at defensible spaces around the stable structures. A. Ruiz said that staff met with the Watershed Management Division of the California Regional Water Quality Control Board and said that they want to work on a MOA with the District. She announced that there were two La Honda tours on Friday. She pointed out the green sheets in the Board members' folders and asked them to indicate their availabilities for the Sierra Azul/Bear Creek Redwoods Master Plan Ad Hoc Committee meeting. Meeting 09-14 Page 6 S. Abbors announced that Brian O'Neill of the GGNRA had passed away earlier that day. He said that he had met with Matt Freeman and discussed plans to collaborate with Santa Cruz Land Trust to look at issues and strengthen the partnership. He discussed the format of the Strategic Planning Workshop being held on May 14. He said he went to St. Joseph's Hill with Director Cyr and saw interesting butterflies and flowers. He discussed the schedule for future La Honda Master Plan meetings. He said he attended the Santa Clara County City Manager's Association meeting and shared their discussion about possible changes to the current retirement system and their concerns about CalPERS. He said he sent the employee retention survey to the Board members and that staff would receive the survey the next day. He thanked A. Speidel. Director Davey asked about the State of California taking more than $2 million from the District. S. Abbors clarified that the amount the state potentially could take away was $2,080,000. He gave scenarios of how the District could possibly get the money paid back in the future. Director Davey asked about the Black Mountain Tower and if stimulus funds were applied for. S. Abbors said there were four applications for stimulus money and that staff was working with the GGNRA. R. Jurgensen added that the stimulus money was being handed out very slowly. Director Davey asked for an update on the Mt. Umunhum funding. S. Abbors and R. Jurgensen gave an update and discussed how Congressman Honda and Congresswoman Lofgren each submitted appropriations funding requests for the project. R. Jurgensen reminded the Board that any funds awarded for the Mt. Umunhum project would go to the Department of Defense and not directly to the District. President Hanko asked that Senator Boxer be kept up-to-date. DIRECTOR REPORTS Director Davey said her compensable meetings included the Real Property Committee Meetings on April 28 and May 7, the Special Meeting on May 4 and tonight's meeting(5/13). She said she attended a meeting with several agencies with interest in the southern part of the Bay Area. They are interested in getting a summit of both public and private agencies together. She said she was attending the Save the Bay annual tea at the Berkeley Yacht Club. Director Cyr said his compensable meetings included the Real Property Committee Meetings on April 28 and May 7, the Special Meeting on May 4, and tonight's meeting(5/13). He hiked at Wilder Ranch on the coast and saw 20-30 varieties of wildflowers. He walked with S. Abbors at St. Joseph's Hill and saw checkered spotted butterflies. He had lunch with Julie Norton, a former District employee, who would soon be working at his former school. Director Hassett said his compensable meetings were the Real Property Committee Meetings on April 28 and May 7, the Special Meeting on May 4, and tonight's meeting(5/13). He said he would miss the May 27 meeting. Director Riffle said his compensable meetings included May 4 Special Meeting and tonight's meeting(5/13). He said he sat at a table at Long Ridge, working with John Lloyd, and spoke with 40-45 visitors, mostly bicyclists. He said there were 14-15 volunteers who pulled thistle. Meeting 09-14 Page 7 Director Harris said her compensable meetings included May 4 Special Meeting and tonight's meeting(5/13). On May 8, she went to the Trail Patrol training and saw the new Bridle Trail. She said she is planning to go on a docent led hike on Saturday. Director Siemens said his compensable meetings were the May 5 Special Meeting and tonight's meeting(5/13). He said he bought enhancements for the District's portable Public Announcement(PA) system to be used at remote Board meeting locations. He said he went to New Orleans and described his experience. President Hanko said her compensable meetings included May 4 Special Meeting and tonight's meeting(5/13). She said the Artemis Ginzton event is on Saturday at Fremont Older Open Space Preserve and said she had received a picture from Mary Gordon. She said that Kay Duffy and Director Davey would speak at the event. She said she was working on the May 14 workshop, and she asked the Board to do their homework prior to that meeting. She said that A. Speidel had interviewed Management staff and had compiled the information into a document. VII. ADJOURNMENT At 8:47p.m., President Hanko adjourned the Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District. Lisa Zadek, Recording Secretary