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HomeMy Public PortalAbout20091028 - Minutes - Board of Directors (BOD) Midpeninsula Regional Open Space District Meeting 09-28 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OCTOBER 28,2009 MINUTES SPECIAL MEETING I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 5:07 p.m. She called the Roll. Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Mary Davey, Cecily Harris, Larry Hassett and Curt Riffle. Members Absent: None Staff Present: Steve Abbors, Sue Schectman, Duncan Simmons, Mike Williams, David Sanguinetti, Rudy Jurgensen II. CLOSED SESSION President Hanko announced that the Board was holding a Closed Session to discuss Agenda Items One through Four. The Closed Session commenced at 5:07 p.m. and concluded at 7:00 p.m. REGULAR MEETING 111. ROLL CALL President Nonette Hanko called the Regular Meeting to order at 7:03 p.m., and asked for the Roll Call Members Present: Pete Siemens, Nonette Hanko, Jed Cyr, Larry Hassett, Mary Davey, Cecily Harris and Curt Riffle Members Absent: None Additional Staff Present: B. Congdon, A. Ruiz, T. Hugg, N. Perez, J. Andersen, A. Speidel, C. Roessler, M. Baldzikowski, K. Lenington, M. Manning, D. Topley President Hanko stated that there were no reportable items from the Closed Session. Meeting 09-28 Page 2 IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: Director Cyr moved adoption of the Agenda. Director Riffle seconded the motion. Discussion: Director Hassett requested that the Board amend the Board Business agenda item order so that Agenda Item 9 would be presented first. There were no objections. Vote: The motion passed 7 to 0 as amended. VI. ADOPTION OF CONSENT CALENDAR Agenda Item 1. Approve Minutes—President Hanko corrected page 2, second paragraph of the September 9, 2009 Board Minutes changing the word"one"to "once". Director Harris corrected page 6 of the September 23, 2009 Board Minutes correcting the spelling of the name "Lube"to "Louv". Agenda Item 2. Approve Revised Claims Report. —There were no comments. Agenda Item 3. Approve Written Communications. Director Riffle said that the letter was well written. He asked how the project will be included in the Action Plan. S. Abbors said the assignment would go to the appropriate department and would be reviewed with the Department managers. President Hanko said she was pleased with the letter. Motion: Director Cyr moved adoption of the Consent Calendar to approve the corrected September 9 and September 23, 2009 Board Minutes; Agenda Item 4— Appoint Anna Duong as Acting District Clerk; Agenda Item 5—Execution of New Grant Contract with the Association of Bay Area Governments for Projects at Thornewood and Los Trancos Open Space Preserves in the Amount of $97,042.00; Agenda Item 6—Approval of Communications Site Lease Agreement Amendment and Exercise of Option with Metro PCS California LLC, at Pulgas Ridge Open Space Preserve; Agenda Item 7—Memorandum of Internal Control and Requirement Communications from Maze and Associates to Midpeninsula Regional Open Space District's Board of Directors; and Revised Claims 09-17. Director Hassett seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item 9—Informational Rqport on the Santa Clara Valley Water District's Proposed Permanente Creek Flood Protection Project—(Report R-09-116) M. Baldzikowski gave a brief introduction of the staff report, then introduced Afshin Rojani, who gave a PowerPoint presentation about the proposed project. f Meeting 09-28 Page 3 President Hanko expressed concern if there were a 100-year flood and asked if this posed a dangerous condition to the people in the area. Mr. Rojani said that the proposed structure is typical for similar structures installed around the country. He said that they could put up signs, lights, and a fence or railing around the area. President Hanko said they should do what is necessary to protect people from injuring themselves. Mr. Rojani said that there are very gradual slope and he showed a slide. ! S. Abbors explained the timing of the EIR and said that District staff will deliver their comments and the Board's comments to the SCVWD. Director Hassett said he did not share President Hanko's comments and said he would not be in favor of fencing or lights. He said when the structure was operating, it would be pouring rain and that people, including children, would not be out in the preserve. Director Riffle asked if using natural habitat constructions would increase the District or County land's chance of flooding. Mr. Rojani said that the land would flood anyway and that they would be constructing a replacement flood plain. Director Riffle asked about the construction process and if the users would be affected by construction traffic. Mr. Rojani showed an alternate route the trucks would use, but said that the loop trail i would need to be closed for six months. Director Siemens asked if the water totally drains out or some water would remain. Mr. Rojani said that all of the water should drain out. Director Siemens asked if there would be gates and Mr. Rojani said there would be gates. Director Cyr asked what will happen to the 15 feet of dirt (spoils)that was excavated to create the detention basin. Mr. Rojani said that some of the spoil would be used to raise the area by the bridge; the rest would be trucked off-site. Director Cyr asked if there are other local users for the soil. Mr. Rojani said that they are in talks with Hanson and that they may use some. Director Cyr asked if they had considered using smaller catch basins up-stream. Mr. Rojani said they had, but they wanted to keep to as few sites as possible. S. Abbors said there was a dam upstream (Rogue Valley Dam) and asked if the excavated dirt could be used to reinforce it. Mr. Rojani said that they have not looked there, but it may be too high up in the watershed to do any good. Director Hassett asked if Mr. Rojani had worked with red-legged frog protection in the past. Mr. Rojani said that they have worked in areas with the red-legged frogs and that this subject will be addressed in the EIR. President Hanko said that this project will be a great help to the residents in Palo Alto and Los Altos. The Board accepted the staff report and thanked staff and Mr. Rojani for the eP � J information. No formal Board action was required. B. Agenda Item 8—Approval of a Resolution Approving the Form of and Authorizing the Execution and Delive of a Purchase and Sale Agreement and Related Documents with ry �' Respect to the Sale of 100%of the Midpeninsula Regional nal Open Space District's I Meeting 09-28 Page 4, Proposition I A Receivable from the State of California, in the Approximate Amount of $2,177,515 to the California Statewide Communities Development Authority-(Report (Rgpo R-09-114) M. Foster presented the staff report and explained the details of the state's borrowing funds from the District. He said he presented the information to the District's Bond Council and reported that they did not have any comments. He said all of the documents were prepared by the state. Motion: Director Davey moved to adopt Resolution No. 09-29 authorizing the sale of the 100% of the District's Proposition IA receivable from the State of California, in the approximate amount of$2,177,515, to the California Statewide Communities Development Authority and authorizing certain other actions in connection therewith. Director Siemens seconded the motion. Discussion: Director Riffle thanked M. Foster for the analysis and asked some clarifying questions which M. Foster answered. Director Siemens said that this will put pressure on the legislature to put the money back. Vote: The motion passed 7 to 0. C. Agenda Item 10—Approval of a Board Ad Hoc Committee to Ensure Policy-level Coordination with the City of East Palo Alto regarding the Cooley Landing Project— (Report R-09-115) S. Abbors introduced the staff report and A. Ruiz stated the reasons for a Board Ad Hoc Committee. President Hanko said that she would be nominating Director's Cyr, Harris and herself. Director Riffle said that he would like to serve on this committee, however, he has a conflict with his job at the Packard Foundation and he said he would recuse himself from all actions regarding the Cooley Landing Project. Motion: Director Hassett moved approval of the creation of a compensable Cooley Landing Ad Hoc Committee to ensure policy-level coordination with the City of East Palo Alto through the conceptual design process for the proposed project and appointment of Directors Cyr, Harris and Hanko to the Committee. Director Davey seconded the motion. Discussion: A. Ruiz asked if they should appoint an alternate. President Hanko asked S. Schectman about this. S. Schectman said that the president of the Board can appoint an alternate on any committee on a case-by-case basis or at tonight's meeting. Director Siemens said that he knew where the Cooley Landing project can find several feet of fill (see Agenda Item 9). Vote: The motion passed 6 to 0 with Director Riffle recusing himself. Meeting 09-28 Page 5 D. Agenda item 11 —Informational Report on Two-Way Radio Improvement Project— (Report R-09-99) D. Topley gave a status report on the two-way radio improvement project. He gave some historical information about the radio system and radio frequency's used by the District from 1975 to the present. He reviewed the benefits of a new radio system. He explained how vehicle repeaters work and showed graphic examples. He reviewed the status of the project and said that they are almost to the point of installing the new radios. Staff is looking in to whether the County of Santa Clara will maintain the new radio system. He said that they are also working on agreements with other agencies to complete the system and making sure that the new system can expand as the District adds additional lands. Director Hassett said that the project sounds promising. He asked if the consultants are continuing to support the staff. D. Topley said that the company he has been working with, Macro, switched consultants and that the new consultant was currently being familiarized with the project. Director Siemens commented on the agreement being worked on with the County and said that if staff needs any help from the Board, they should not hesitate to ask. He said it may help to have a Board member at a County Supervisor's meeting. He asked who approves the second radio frequency. D. Topley said the FCC does. D. Topley further explained that there are pager frequencies available,but they may cost between$25,000 and $100,000. Director Siemens asked who sells the frequencies and D. Topley said that those frequencies are sold through auction. Director Cyr suggested that staff work with the Washington DC consultants, if possible. Director Riffle asked if working with the County would save money and if they had good service. D. Topley said that the County had 24-hour service and that they already are supporting simulcast systems. He said they built the system that County Parks uses. He said that in the long run it would be best to work with the County. Director Riffle asked about an update on completing the project and the budget. D. Topley said that it is about 12 months until the system finish date. He said the County could work on it in the Spring or Summer of 2010. He reviewed the cost. The Board accepted the staff report and thanked staff for the information. No formal Board action was required. E. Agenda Item 12 —Status Report on the Implementation of the Integrated pest Management Program and Reimbursement Plan for slender False Brome(SFB) (Report R-09-84) C. Roessler introduced Ellen Gartside as the Slender False Brome Coordinator and gave some background information about her. Meeting 09-28 Page 6 E. Gartside gave background information on SFB. She said the plant first appeared in Woodside in 2004 and in 2005 a work plan was developed. She said that the cost to remove the plants will be $1.2 million over a ten-year period. She is working with private property owners and she reviewed the sequence of working with property owners. 51 acres have been treated. She said they have two funding sources, a grant from Fish and Wildlife funds and from the District totaling$40,000 for 50 acres. This equates to about $350 per acre for reimbursing property owners. She said that the SFB would not be eliminated in one season or with one treatment. She said that the District received $15,000 in federal stimulus funds and that staff would search for other funding or grant sources. Director Hassett said this was a great report. He asked about treatment along Old La Honda Road. E. Gartside said that there is a SFB problem there,but that the neighbors in the Espinoza area had the most participation. Director Hassett said that he would be happy to help contact the Old La Honda Road owners. He also said he would be happy to attend any meetings. D. Sanguinetti thanked E. Gartside and said he appreciated all of the work she has done. R. Jurgensen thanked L. Maze with the outreach portion of the project. The Board accepted the staff report and thanked staff for the information. No formal Board action was required. F. Agenda Item 13—Approval of Future Treatment of Oaks for Suppression of Sudden Oak Death (SOD) and Associated Research and Approval of the Categorical Exemption in Accordance with the California Environmental Quality Act—(Report R-09-97) C. Roessler introduced Cynthia Padula as the Natural Resource Intern. C. Roessler reviewed the background of the SOD projects and the ten-year action plan. She said there is no cure for SOD. They did discover that the California Bay tree harbor the disease which subsequently infects oak trees. Removing bay trees can help protect the oaks. She said that bay trees are common in District forests. She said she had hired Dr. Swiecki to work on the project and she explained the work he was doing at El Corte de Madera, Rancho San Antonio and Monte Bello. Director Cyr asked if the trees are marked and if the trees are off the trail. C. Roessler said that the trees are marked with tags and their location is noted on their GPS system. President Hanko asked if the bay tree removal was only occurring in areas near oaks. C. Roessler said that only if a bay tree is within 15 feet of oak trees, and she added that it is not necessary to remove the entire tree. They just need to eliminate limbs within a fifteen-foot area around the oaks. President Hanko asked if there were any agencies that treated bay trees. C. Roessler said that in Oregon, they perform aerial spraying of all trees, including bay trees, using helicopters. President Hanko asked what happens to the dead oak trees. C. Roessler said that the District does not do anything with them. She said that staff is following the research. I Meeting 09-28 Page 7 Director Hassett asked about the"elbow"oak tree and if it was dead. C. Roessler said it was not dead, but it was infected and will be treated; however, staff is not sure if the treatment will be successful. Director Riffle said he was supportive of this project, but he said the Board needs to begin thinking about the long-term expense and that at some point they may need to address the cost. Director Cyr said that the $60,000 could not realistically protect everything. He noted that the District has been in the forefront of the research. S. Abhors said that there was no fiscal impact this budget year, instead they were reallocating funds from other projects. Motion: Director Davey moved to determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in the report; and to authorize the General Manager to negotiate a new agreement with Phytosphere Research for an amount not to exceed $27,500 to extend research on the susceptibility of oaks through FY2010-11 from Sudden Oak Death(SOD) and to advise the District on appropriate treatment methods. Director Riffle seconded the motion. The motion passed 7 to 0. G. Agenda Item 14—Presentation g of the Lexington Hills Community Wildfire Protection Plan—(Report R-09-112,) J. Andersen presented the staff report and said that five public meetings were held where District staff participated. She said that there were fourteen recommended action items for fuel reduction and that seven may affect District land. She said that staff will undertake CEQA review if a Plan project is presented to the District. She said the Plan will augment the District's defensible space program. President Hanko asked for an update on the recent Loma Prieta fire. D. Sanguinetti said he would give an update under Informational Reports. J. Andersen said that the fire was outside of the Plan area. The Board accepted the staff report and thanked staff for the information. No formal Board action was required. VIII. INFORMATIONAL REPORTS COMMITTEE REPORTS La Honda Creek Master Plan Ad Hoc Committee—Director Hassett said that the committee met today and that the committee would make its recommendation to the full Board. He said the committee was split on Option 1 and Option 2; they looked at alternatives, but found Option 1 and 2 to be the best. The committee's recommendations would come to the full Board on November 12. Director Riffle added that the committee was given great staff analysis to I� Meeting 09-28 Page 8 review. Director Davey said that the staff had done excellent work and they had refined the possibilities. Administration and Budget Committee(ABC)—Director Riffle said that ABC met on October 26 and 27. He said there will be a report to the full board on November 18. He said that every year the process gets better. Facility Improvement Committee—Director Siemens said that there was a memo in the FYIs. He said they looked at new shop and building enhancements and that the committee recommended that staff look at temporary offices in the south District area. STAFF REPORTS A. Ruiz said that the Mitigated Negative Declaration for the parking lot at El Corte de Madera was released for public comment. D. Sanguinetti gave an update on the Loma Prieta fire. He said it affected the extreme south corner of District land, and that the fire may have started on District property. He said about 150 acres of District land was involved. He said that field staff are staying in fire suppression mode. R. Jurgensen said that they are in the third phase of the visitor survey project covering eight preserves; three preserves are being surveyed for the second time. M. Williams pointed out the closing memos in the FYIs, and said that the Hanson exchange is completed. He acknowledged Jean Chung who facilitated the gifts for the Hacienda Parks parcels and said that there were just a few more parcels until the District owned the whole area. B. Congdon said the District received three automated defibrillators (AED's). Field staff are being fully trained and there will be twenty Administration staff trained. She thanked the Board for attending the staff appreciation event. She said that the Board is also invited to the staff Halloween luncheon party on October 30. In response to the Board's positive comments about the staff reports, S. Abbors noted that the staff are the ones who do all of the work on the staff Board reports. He said that all departments are working together to assemble the mid-year budget numbers. He said he attended a pancake breakfast at the La Honda Volunteer Fire Department and also attended the Bill Sorich's art event over the weekend. DIRECTOR REPORTS Director Davey turned in her compensable meeting sheet to the Clerk. She left the meeting at 9:40pm. Director Cyr complimented L. Maze on the article in the South Skyline newsletter. He turned in his meeting compensation sheet to the Clerk. He attended the staff recognition event. On October 16 he went on a docent-led hike to Mindego Hill, an eight mile round-trip. He attended the Grant Salamander Trail dedication. I