HomeMy Public PortalAbout20100224 - Minutes - Board of Directors (BOD)- - - - - - - - - - - - - --- --
Midpeninsula Regional
Open Space District
Meeting 10-06
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FEBRUARY24,2010
MINUTES
REGULAR MEETING
I. ROLL CALL
President Mary Davey called the Regular Meeting to order at 7:00 p.m. She called the Roll
Call.
Members Present: Pete Siemens, Mary Davey, Cecily Harris, Jed Cyr, Nonette Hanko,
Larry Hassett and Curt Riffle.
Members Absent: None
Staff Present: S. Abbors, S. Schectman, M. Williams, B. Malone, D. Sanguinetti, A.
Duong, A. Ruiz, T. Hugg, G. Baillie, D. Simmons, T. Walz, B. Congdon, E. Cuzick, M.
Newburn, S. Sommer, A. Spiegel, K. Carlson, A. Correia, B. Pennington, A. Hapke, L.
Paterson, M. Gorman.
11. ORAL COMMUNICATIONS—There were none.
111. ADOPTION OF AGENDA
Director Riffle said that he would recuse himself from Agenda Item 5 regarding Cooley
Landing. S. Schectman said that he would need to leave the dais for that agenda item.
Motion: Director Hassett moved approval of the Agenda. Director Siemens seconded
the motion. The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
Director Hanko referred to page 6 of the January 27, 2010 Board Minutes and made
corrections. Director Cyr referred to page 7 of the same Board Minutes and corrected the
grammar of a sentence. Both corrections were entered into the Minutes.
Meeting 10-06 Page 2
Motion: Director Cyr moved approval of the Consent Calendar to approve the Board
Minutes dated January 27, 2010 as amended, the Written Communication letters to
Robert Zatkin and Merel Glaubiger, and Revised Claims 10-04. Director Siemens
seconded the motion. The motion passed 7 to 0.
President Davey complimented staff on the thoroughness of the Written Communication
letter to Robert Zatkin.
V. BOARD BUSINESS
A. Agenda Item 4—Review of Memorandum of Understanding between the District
and the Santa Clara County Sheriff's Office; Recommendation for Non-Renewal;
and Recommendation for Operations Department Measures to Enhance Ranger
Patrol Safety and Effectiveness—(wort R-10-41)
D. Sanguinetti discussed the reasons staff recommended discontinuing the patrol
agreement with the Santa Clara County Sheriff's office. He gave background
information. He said that the patrol response time did not improve and that
management and staff agreed that the contract had been of limited value.
Director Hassett said this was disappointing. He asked if the issues pointed out in
the staff report been discussed with the Sheriff's Office. D. Sanguinetti said that M.
Newbum had met with the Sheriff's Office to discuss these issues with their
representative. Director Hassett referred to the exhibit charts and said that they were
difficult to understand. He questioned whether the expectations could ever be met.
He asked what had happened in communications between the District Rangers and
the Sheriff's staff. D. Sanguinetti gave examples of communications between the
two organizations. He also noted that there have been cut-backs in the Sheriff s
Office.
Director Hassett asked if the commute times were part of the calculation of hours,
and D. Sanguinetti said they were and the commute times were specified in the
contract.
Director Riffle asked D. Sanguinetti to explain what the code numbers meant and he
did so. Director Riffle said, like Director Hassett, he was disappointed and he asked
if enough time and effort was given to the contract. D. Sanguinetti said there had
been two extensions of the contract. Director Riffle asked what the Sheriff's Office
response was to the contract not beingrenewed. D. Sanguinetti said that the were
p � Y
not surprised, that there were not that many calls for response, and the services
provided did not justify the expense. He said that District staff had no complaints
about the Sheriffs service and felt that they are on good terms with the Sheriff's
Office.
Director Riffle asked what would have shown the success of the program. D.
Sanguinetti said that faster response times would have been a major factor. It turned
out that response times did not improve and having just four hours to work with and
choosing when to schedule the four hours to get the optimal use proved difficult.
'Meeting 10-06 Page 3
Public Comments
K. Carlson presented the observations and point of view of the MRPOA. He
thanked D. Sanguinetti and M. Newburn and said that the MRPOA agreed on most
points made in the staff report and that it was a collaborative effort to work on this
report. He gave some historical information about response times in the Skyline area
when the District began purchasing properties in that area and all of the Ranger staff
were located at the Foothills Field Office. He said staff presence in an area made a
difference. He said that staff hoped the contract with the Sheriff's Office had
worked better,but acknowledged that it did not improve response times for incidents
in the area. He suggested that the $87,000 budgeted in the Operations Department
budget be used to hire a position, even if it is a 4-day per week position instead of
returning the funds to the District's general operating fund.
Further Comments
Director Hassett said he was in favor of a satellite office, and he agreed with staff
that there should be a satellite office.
Director Hassett said he realized that a lot of time went into the contract and that the
result was a great disappointment. He asked if it was at all possible to extend the
contract, adding that just having the Sheriff's presence in the area probably reduced
possible incidents. He asked clarifying questions about C. Cleve's memo showing
the statistics that D. Sanguinetti explained to his satisfaction.
Director Cyr noted that only one Sheriffs Deputy was enthusiastic,but the others
were less so. D. Sanguinetti said that Sheriff's Deputies like action and this job does
not have much action.
Director Siemens said that he was disappointed that the contract did not work,but he
said he did like seeing cooperation between the District staff and the Sheriff's Office
staff. He said he was very supportive of a southern field office.
S. Abbors said he heard from the Sheriff's Office, District management and staff
who unanimously said that this contract is not working. He said that they are
moving forward on work at the two field offices and that this project shows a strong
future for staff and management working together. He said that next year's budget
will be flat and it will be challenging.
Director Riffle said he would support the recommendations,but he is disappointed.
He asked for a progress report on the ten steps. D. Sanguinetti said that a
commitment was made with the MRPOA, and they could have an update in six
months as an"FYI"to the Board. Director Riffle said that they need to be careful in
increasing staff, but they also need to be careful where staff is deployed.
Motion: Director Hanko moved approval to receive staff s analysis of
effectiveness of the MOU; approve the General Manager's recommendation for non-
renewal of the MOU, and approve the General Manager's recommendations for
Operations Department measures to enhance District Range patrol safety and
Meeting 10-06 Page 4 '
effectiveness. Director Riffle seconded the motion. The motion passed with a vote
of 6 to 1, with Director Hassett voting against the motion.
B. Agenda Item 5—Adoption of a Comprehensive Use and Management Plan
Amendment for Ravenswood Open Space Preserve to Designate the Cooley Landing
Area, Adoption of a Resolution Authorizing Execution of the Partnership Agreement
with the City of East Palo Alto, and Determination that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act—(Report
R-10-26)
Director Riffle stepped down from the dais and did not participate in this agenda
item due to a conflict of interest.
T. Hugg presented the staff report and she gave updates of the projects at Cooley
Landing. She said the City of East Palo Alto has received a lot of public input and
that the project plan will include comments from the public and the District's ad hoc
committee. On February 16, the EPA City Council met and D. Simmons attended to
answer their questions. She said the final master plan will be presented to the Board.
She showed the design plan and reviewed the General Manager's recommendations
and the use and management amendment.
Director Hanko asked if the information about this project was sent to adjoining
jurisdictions such as Menlo Park and Palo Alto. T. Hugg said that they are working
with the project manager at EPA and that she has been in communication with both
cities.
Director Hassett asked if there is a financial amount in the agreement regarding the
opening of the gates. She also asked if closing of the gates was also discussed. T.
Hugg said that the EPA's staff hours would not make them available to close the
gates. Director Harris asked what"most mornings"meant. T. Hugg explained that
if there is a holiday, the city's staff would not be on duty to open the gates and
District staff would need to cover those dates.
Director Harris referred to the agreement and asked what happens if EPA does not
have funds to maintain the facilities. S. Abbors said that if this situation arises, the
District's Board would need to decide what to do, but staff would be working with
EPA to find funding opportunities.
Director Siemens asked further questions about the gate opening procedure, which
staff answered to his satisfaction.
Director Hanko expressed concern about the security of the site and asked if the
police will have the ability to close off the site if necessary. T. Hugg said that was
not specifically discussed. Director Cyr added that the police can cordon off an area
in cases of emergency.
Director Cyr said that the gate opening issue is a big step forward. He said that both
Menlo Park and Palo Alto need to be kept informed about this project. S. Abbors
'Meeting 10-06 Page 5
agreed that there was substantial progress in having the gates opened five mornings
per week.
Public Comment
Charles Touchatt, a resident in Portola Heights at Long Ridge Open Space Preserve,
said he is an industrial property owner and is on the board of directors of the
Industrial Property Association. He said he is very enthusiastic about this project.
He said he would discuss donating an electric gate for the property. He said he
might be able to ask employees of the industrial park to open the gate. He suggested
landscaping the property.
Motion: Director Hanko moved that the Board determine that the
recommended actions are categorically exempt from the California Environmental
Quality Act as set out in this report; Adopt the Comprehensive Use and Management
Plan Amendment contained in this report, which designates the Cooley Landing
Area of Ravenswood Open Space Preserve; and Adopt Resolution No 10-08
authorizing execution of the Partnership Agreement with the City of East Palo Alto
(City) for the Cooley Landing Area. Director Cyr seconded the motion. The motion
passed 6 to 0. Director Riffle recused.
C. Agenda Item 6— Initial Presentation of the District's Proposed Budget for Fiscal
Year 2010-2011 (FY201 0-11)—(Report—R-10-34)
S. Abbors introduced this item and said that the Administration and Budget
Committee(ABC)had five meetings. He noted that there have been some changes
from last year's budget and he thanked staff for pulling the budget together.
E. Cuzick reviewed the budget process and specifically spoke about the District's
budget, salaries and benefits, the operating growth guideline, new staffing, and the
CIP guideline.
Director Hanko referred to the Administration budget and requested a correction to
accurately indicate the Wards that are up for election this year: Wards 1,2, 5 and 6.
Director Hassett referred to the shift in the Operations expenditure of a well and
asked why this project was no longer part of the Real Property budget. E. Cuzick
replied that the grazing infrastructure program was moved to the Operations budget.
She pointed out that in the past the Operations Department did not have an option to
have CIP projects.
Director Hassett asked why the radio expense was moved to another program. S.
Abhors explained that the radio is a large expenditure and a legitimate capital
expense. He said staff looked at all of the capital expenditures and that all capital
projects would be shown to the Board. Director Hassett asked if the radio system
would qualify for funding from Homeland Security. E. Cuzick said she and R.
Jurgensen would look in to that possibility.
Meeting 10-06 Page 6
Director Siemens gave information, as an ABC member, about discussions relating
to CIP projects. He said that ABC asked the Board to review the CIP guidelines
after the budget process is completed.
Director Harris complimented E. Cuzick on her presentation. She asked clarifying
questions for specific projects that staff answered to her satisfaction.
Director Hassett said he is concerned that the CIP will not allow the District to build
or remodel structures. E. Cuzick said that structure projects were covered under the
Facilities Guideline, not the CIP Guideline.
Director Riffle, as Chair of the ABC, thanked E. Cuzick and S. Abbors for his
leadership. He said that this is the first of many budget discussions going forward
and that they need to review some of the guidelines.
Director Cyr said that this budget process is a big change from previous years and
added that he appreciates the improvements.
E. Cuzick thanked all of the Departments.
President Davey thanked all Department managers and said the budget is very clear.
The Board accepted the staff report. No official action was required.
D. Agenda Item 7—Approval of the proposed purchase of the Sare Trust Property as
an Addition to Mills Creek Open Space Preserve, Located South of State HighwaX
92 Near Half Moon Bay in Unincorporated San Mateo County(Assessor's Parcel
Number 056-430-010); Adoption of the Preliminary Use and Management Plan;
Authorize the General Manager to File for Williamson Act Nonrenewal; and
Approval of a Categorical Exemption in Accordance with the California
Environmental Quality Act—(Report—R-10-28)
S. Sommer reviewed the staff report and showed PowerPoint slides of the property
and its views. She said the property is designated as a Priority Conservation Area
and said that the property falls under the Williamson Act. She reviewed the Use and
Management proposal.
i
M. Williams reviewed the terms and conditions of the purchase. He showed the
structures on the property, a map of the tree farm and the creek locations. He said
there is a patrol access easement from Highway 92 but noted that this access was
I
p g Y
not for the public's ublic's use. He showed the lease area and a site where a
g
structure was removed. He reviewed the terms of the 12-year tree farm lease.
Director Riffle asked if there was any reaction from the neighbors about the
purchase. M. Williams said that they had not received any comments. He added
that staff did consult with the Farm Bureau and Agricultural Advisory Committee
and both groups were supportive of the purchase. S. Sommer added that the
neighbors were notified and she had not received any comments.
t
Meeting 10-06 Page 7
Director Cyr said he was in support of this purchase and added that although the
property is directly on the highway, when one is on the property, the area is very
peaceful and feels distant from civilization. Director Hassett agreed and said it is a
stellar piece of property.
Motion: Director Riffle moved Approval of the proposed purchase of the Sare
Trust Property as an addition to Mills Creek Open Space Preserve, located south of
State Highway 92 near Half Moon Bay in unincorporated San Mateo County
(Assessor's Parcel Number 056-430-010); Adoption of the Preliminary Use and
Management Plan; Authorize the General Manager to file for Williamson Act
nonrenewal; and Approval of a categorical exemption in accordance with the
California Environmental Quality Act. Director Siemens seconded the motion. The
motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
COMMITTEE REPORTS - Administration and Budget Committee: Director Riffle said the
committee will meet on February 17.
STAFF REPORTS
D. Sanguinetti gave an update on the second radio frequency the District applied for and
said that it would be discussed at the next regular Board meeting. He said that the draft
Operations Maintenance Manual is being reviewed by the employee association after which
they will meet and confer regarding the Manual. He anticipates the process being
completed by the summer.
B. Congdon reminded the Board that their Form 700 is due to the Clerk's office.
I
A. Ruiz said she attended a meeting with the South Bay agencies and the group hopes to
meet annually to discuss land preservation.
A. Duong reviewed upcoming Board availability for the Sierra Azul and Bear Creek Master
Plan Ad Hoc Committee and the Legislative, Funding, and Public Affairs Committee
(LFPAC).
S. Abhors thanked B. Congdon for fillip in as the actin HR and Administration Manager.
g g g g
He said that she would be stepping down from the actin position to oversee the upcoming
pp g g p P g
annual audit. He said that A. Speigel would now be the acting HR and Administration
Manager. He said he met with Jim O'Conner regarding the Rancho San Antonio County
Park management agreement and that the Use and Management Committee would discuss
the results of that meeting. He said that at the next LFPAC meeting, they would discuss a
bench request from Audrey Rust for Bill Lane. He said that Andrea McKenzie nominated
him to the Executive Committee of the Bay Area Open Space Council,but he asked her to
wait 6 months and explained why. He announced that R. Jurgensen has just became a father
of a daughter born the day before, which is why he is not present at the meeting.
DIRECTOR REPORTS
Meeting 10-06 Page 8'
Director Siemens described his recent trip to Louisiana and the wildlife preserve he visited.
He turned in his compensable meeting report to the Clerk.
Director Cyr submitted his compensable meeting report to the Clerk. He said he attended
the Cooley Landing event and said that EPA's goals are in alignment with the District's. On
February 12, he hiked at El Corte de Madera.
Director Hanko said this was her first meeting after a two-month absence due to knee
surgery. She asked if the meeting about Lobitos Ridge would be held on the coast. A.
Duong said it would be. Director Hanko turned in her compensable meeting report to the
Clerk.
Directors Riffle, Hassett and Harris submitted their compensable meeting reports to the
Clerk.
President Davey said she saw Audrey Rust interviewed on KQED's Quest show, and she
spoke about the GGNRA and POST and connectivity with the green belt.
VII. ADJOURNMENT
President Davey adjourned the Regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:47 p.m.
Lisa Zadek, Recording Secretary