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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