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Home My Public Portal About20071010 - Agenda Packet - Board of Directors (BOD) - 07-20Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 07-20 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, October 10, 2007 330 Distel Circle Los Altos, California Please Note: 6:30 p.m. Special Meeting Closed Session Start Time 7:30 p.m. Regular Meeting Start Time A G E N D A The Special Meeting Closed Session will begin at 6:30 p.m. At 7:30 p.m., the Board will convene the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 6:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL CLOSED SESSION 1 Conference with Legal Counsel – Anticipated Litigation – California Government Code §54956.9(b) – One Case 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL REPORT ON RETURN FROM CLOSED SESSION (The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1(a).) ORAL COMMUNICATIONS – Public ADOPTION OF AGENDA – K. Nitz ADOPTION OF CONSENT CALENDAR – K. Nitz APPROVAL OF MINUTES JULY 25. 2007 SEPTEMBER 12, 2007 WRITTEN COMMUNICATIONS – K. Nitz Meeting 07-20 Page 2 BOARD BUSINESS 7:40* 1 Proposed Retention of Consultant to Redesign the District’s Logo (N. Hanko) 8:00* 2 Review and Approve Process and Timeline for General Manager Recruitment (J.Cyr) *** 3 Renewal of Lease and Management Agreement with Peninsula Open Space Trust (POST) for the Former Gottsleben/Sonntag Property (Long Ridge Open Space Preserve) and Determine that the Recommended Actions are Categorically Exempt from CEQA as Set Out in the Report (M. Reeves) *** 4 Off Leash Dog Policy Discussion (C. Riffle) *** 5 Adopt Resolution Approving the Settlement and Release Agreement for a Violation of Open Space Easement Held Jointly with the Town of Los Gatos; 15310 Kennedy Road, Los Gatos and Determine that the Recommended Actions are Categorically Exempt from CEQA as Set Out in the Report (D. Simmons) *** 6 Scheduling of a Special Meeting of the Board of Directors on December 5, 2007 Regarding Development of a Draft Ecological Succession Policy (K. Lenington) *** 7 Cancellation of a Special Meeting of the Board of Directors on October 17, 2007 for Consideration of Use and Management Plan Amendments at Tunitas Creek and Skyline Ridge Open Space Preserves (M. Freeman) *** REVISED CLAIMS 9:00* INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief Reports or announcements concerning activities of District Directors and Staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on matter at a future meeting; or direct staff to place a matter on a future agenda. 9:15* CLOSED SESSION CONTINUED (If Necessary) REPORT ON RETURN FROM RECONVENED CLOSED SESSION (If Necessary) – California Government Code Section 54957.1(a) ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Meeting 07-20 Page 3 In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. CERTIFICATION OF POSTING OF AGENDA I, Gordon Baillie, Interim District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the October 10, 2007 Regular Meeting of the MROSD Board of Directors was posted and available for review on October 5, 2007 at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos, California, 94022. The agenda is also available on the District’s web site at http://www.openspace.org. Signed this 5th day of October 5, 2007 at Los Altos, California. _________________________________ Date: 10/5/07 Time: 2:00 p.m. Gordon Baillie, Interim District Clerk Meeting 07-15 REGULAR and SPECIAL MEETING BOARD OF DIRECTORS July 25, 2007 MINUTES SPECIAL MEETING I. ROLL CALL President K. Nitz called the special meeting to order at 5:03 p.m. Members Present: Ken Nitz, Jed Cyr, Curt Riffle, Pete Siemens, L. Hassett, and Mary Davey Members Absent: Nonette Hanko Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Michael Williams, Sandy Sommer, Mark Capestany, Matt Freeman, Rudy Jurgensen, Mike Foster II. CLOSED SESSION K. Nitz stated that there were no reportable items from the Closed Session regarding Items 1, 2, 3A, 3B, and 3C. REGULAR MEETING III. Board Member Nonette Hanko arrived at 7:30 pm K. Nitz called the Regular Meeting to order at 7:35 p.m. Additional Staff Present: Gordon Baillie, Camille Tavlian, John Maciel, Meredith Manning IV. ORAL COMMUNICATIONS There were none. V. ADOPTION OF AGENDA Meeting 07-15 Page 2 K. Nitz noted the title correction to Agenda Item 4. Motion: J. Cyr moved to adopt the Agenda. N. Hanko seconded the motion. The motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR J. Cyr noted a change to the May 9, 2007 Minutes, correcting the word “fill” to “fish” on page 5 of the Minutes. M. Davey stated that she would be recusing herself from Revised Claims numbered 7195 and 7259-R. N. Hanko stated that she would voluntarily recuse herself from the Revised Claims 7195, 7259-R and 7272-R. Motion: M. Davey moved that the Board adopt the Consent Calendar, including the amended Board Minutes of May 9, 2007 Special and Regular Meeting; and Revised Claims 07-12. J. Cyr seconded the motion. The motion passed 7 to 0 on the May 9, 2007 Board Minutes. The Revised Claims 07-12 passed 5 to 0 on Revised Claim numbers 7195 and 7259-R with two recusals, passed 6 to 0 on revised Claim number 7272-R with one recusal, and passed 7 to 0 on the remaining Revised Claims. VII. BOARD BUSINESS A. Agenda Item No. 1 – Tentative Adoption of an Amendment to the Use and Management Plan for Thornewood Open Space Preserve to Designate a Portion of an Existing Informal Trail, and Construct and Designate a New Hiking/Equestrian Trail; Determine that the Proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Based on the Finding of This Report; Amend the Use and Management Plan for Thornewood Open Space Preserve to Designate the Lower 1,000-Foot Portion of the Existing Informal Trail Known as “Dennis Martin Road” as a Hiking and Equestrian Trail Open to Dogs on Leash; Amend the Use and Management Plan for Thornewood Open Space Preserve to Construct a New 3,200 Foot Long Trail to Connect Dennis Martin Road to the Schilling Lake Trail, Name it the “Bridle Trail” and Designate it as a Hiking and Equestrian Trail also Open to Dogs on Leash – (Report R-07-79). M. Manning presented the staff report and stated the recommendations. She said the amendments to the Use and Management Plan provided opportunities for significant environmental improvements to the aquatic ecosystem, as well as improving trail connections and public access. She said that the Thornewood Open Space Preserve drains to Dennis Martin Creek within the San Francisquito Creek watershed, which ultimately drains to the San Francisco Bay. M. Manning said the San Francisquito Creek provides critical habitat for federally threatened steelhead trout and is listed as a water body that is polluted or stressed Meeting 07-15 Page 3 by sedimentation and/or siltation. The District has received grant funds for its sediment reduction plan. M. Manning said that there is only one designated trail leading from the only staging area to Schilling Lake and that there were no formal or designated trails to get visitors from Old La Honda Road to Schilling Lake. She said the plan’s goal was to find a suitable connection from east to west. M. Manning said that Tim Best performed a comprehensive erosion inventory. He identified 53 sites in the preserve that have erosion problems and prioritized these sites for treatment. He found that Dennis Martin Road was in poor condition with several stream crossings eroding away and over 100 feet of road damaged by landslides. M. Manning said that Operations and Planning staff identified a proposed new trail that meets the goals of the project. The proposed trail branches off two old trails, climbs at a 10-15% grade, includes switchbacks, scenic redwood forests, and ends into an oak canopy before connecting with the Schilling Lake Trail. She said the proposed new trail would bypass damaged sections of Dennis Martin Road. She said that staff proposes calling the new trail “Bridle Trail” in honor of the past land use. M. Manning explained the reasoning for choosing the recommended trail site and alignment. She gave detailed information about how the trail may be created for streambed crossing and the type of crossing that may be available for staff to use. M. Manning said that the third phase of the project would include the reduction of sedimentation and improve drainage on Dennis Martin Road. She said that staff recommends upgrading the drainage on the existing roadbed on the lower segments. The middle segment would require more intensive work to correct the drainage and restore hydrologic function. M. Manning said that, at this time, staff has recommended not allowing equestrian use; however, the issue could be addressed in the future if an equestrian easement is in place and an equestrian group would be willing to partner with the District both financially and with the construction and maintenance of the trail and stream crossing. A proposed project schedule was presented showing that the final design and permitting would be completed in 2007 and construction on the ford crossing a new Bridle Trail would be open to the public in 2008. In 2009, the drainage improvements and restoration work to the middle section of Dennis Martin Road would be started. In 2010 staff would complete work and submit final invoices under the grant deadline, which should allow time to complete the project. M. Manning stated staff would propose taking advantage of grant funds to implement major restoration work to Dennis Martin Road to reduce sedimentation to the aquatic environment. Meeting 07-15 Page 4 L. Hassett said that staff had done an excellent job; however, the project is a difficult one to execute. He said that the stakeholders had been heard. He commented on the improved trail area and noted that the number of visitors at this preserve is small compared to other areas. N. Hanko gave some historical information about the property. She said she was pleased to see these improvements and that she would support this item, but she would like to see the area on a tour. C. Riffle stated he likes this project and the idea that this preserve allows hikers, equestrian and others. He reiterated that he agrees that certain areas should be limited to hikers. K. Nitz asked about the new trail going through five separate landslides. M. Manning reviewed the process of designing the trail. She said that she worked with members of Operations staff, who mentioned there would be no more added maintenance even with the slides. She acknowledged that slides would occur. J. Cyr asked for clarification about the new construction of Dennis Martin Trail as it attaches to the horseshoe at Old La Honda Road, which the District does not own. M. Manning confirmed that was correct, that the piece was on private property, but that how much of the property is on private property is still being determined. C. Riffle said he supported N. Hanko’s suggestion about a warning sign being placed at the creek for people crossing it, warning that there may be high or deeper water. M. Davey complimented staff’s work on this complicated project. Ms. Manning stated that another future consideration of high concern for staff and residents is fire. M. Manning said that staff had developed a draft Forest Management Policy for the Board to review. She explained that staff is developing a draft fuels management policy aimed more at the urban/wildland interface and fire prevention, which would come before the Board in the near future. M. Manning Mary Zvirblis of Woodside, President of the Old La Honda Road Association, indicated that she would like to see signs warning of high fire threat in the area to be installed now. She indicated that the Town of Woodside Fire Marshall couldn’t use the turnaround at the Old La Honda Road roadside pullout due to the collapsing culvert in front of the District bollards, which is expected to be within the Town of Woodside right-of-way. She gave some other historical information about the parking questions, and reviewed the process the Association has been involved in over the years with this project. She complimented the numerous staff involved over the years, and included L. Hassett. Meeting 07-15 Page 5 K. Nitz asked for a follow-up about the fire issue and inquired how far trucks could enter the preserve. M. Manning said she walked through the preserve with the Woodside Fire Marshall, and they indicated they could get people in on foot to cover all points of the preserve. C. Britton added that there is a hydrant by the house. Regarding the lake, he said that a restoration plan is being worked on separately from this project. M. Manning agreed and gave a brief update of a report that staff is reviewing. Virginia Dare, Old La Honda Road, Woodside, requested that the District develop a high water crossing warning sign across Dennis Martin Creek at the equestrian step location. She said she is an equestrian and showed on the map the loop that equestrian’s take through the preserve. She indicated her desire for the District to continue to support equestrian use. Jacob van Heckeren, Espinosa Road, Woodside, said he called the District on a weekend and heard the weekend message to call back on Monday. He said he was given a direct number for the Rangers on the weekends. He noted the signs at the base of the old trail to the western boundary of the preserve by the old “water temple” direct the public onto his land. He requested that those signs be changed. He added that there is temptation for people who come from Schilling Lake Trail to continue up Espinosa Road. He requested that there be signs to redirect people to go back the same way they came in instead of up the private road. Mike Bushue of Belmont, member of the Equestrian Riding Club, recommended the literature state there is no horse trailer parking due to space limitation at Thornewood, although it is open to equestrian use. J. Cyr said this report and recommendation were extremely well done and represented excellent work on the part of District staff. P. Siemens said that he appreciated staff’s work on this, especially from an engineering point of view. He said this was a major accomplishment. Motion: P. Siemens moved that the Board approve the tentative adoption of an Amendment to the Use and Management Plan for Thornewood Open Space Preserve to designate a portion of an existing informal trail, and construct and designate a new hiking/equestrian trail; Determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the finding of this report; Amend the Use and Management Plan for Thornewood Open Space Preserve to Designate the lower 1,000- foot portion of the existing informal trail known as “Dennis Martin Road” as a hiking and equestrian trail open to dogs on leash; Amend the Use and Management Plan for Thornewood Open Meeting 07-15 Page 6 Space Preserve to construct a new 3,200 foot long trail to connect Dennis Martin Road to the Schilling Lake Trail, name it the “Bridle Trail” and designate it as a hiking and equestrian trail also open to dogs on leash. M. Davey seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 – Authorization to Contract with Timothy Best, Certified Engineering Geologist (CEG), to Provide Consulting and Engineering Geologic Services at Thornewood Open Space Preserve and Amend Current Contract for El Corte de Madera Creek Open Space Preserve; Authorize the General Manager to Enter into a Contract for Engineering Geology Services with Timothy C. Best, CEG, in the Amount of $26,300.00 (Including 20% Contingency) at Thornewood Open Space Preserve; Authorize the General Manager to Amend the Current Contract with Timothy C. Best, CEG, in the Amount of $42,600 (Including 20% Contingency) for a Total Authorization Amount Not to Exceed $127,245.00 at El Corte de Madera Creek Open Space Preserve – (Report R-07-80) M. Manning presented the staff report. She said that staff recommends entering into a contract with Timothy C. Best, CEG, to continue work on the Use and Management Plan Amendment at Thornewood Open Space Preserve. She said that Mr. Best has knowledge of the preserve from having completed the road and trail erosion inventory. Mr. Best’s work highlighting high priority erosion sites and the stream crossing feasibility study in the preserve make him an excellent choice for contractor for this project. C. Riffle asked if it was normal to have a 20% contingency and stated it seemed a large amount. M. Manning said that staff is consistently underestimating by about that much (approximately 15% to 20%). She added that there is always extra, unanticipated work and by adding the contingency it saves coming back to the Board and asking for more funds. Motion: M. Davey moved that the Board authorize the contract with Timothy Best, Certified Engineering Geologist (CEG), to provide consulting and engineering geologic services at Thornewood Open Space Preserve and amend current contract for El Corte de Madera Creek Open Space Preserve; Authorize the General Manager to enter into a contract for engineering geology services with Timothy C. Best, CEG, in the amount of $26,300.00 (including 20% contingency) at Thornewood Open Space Preserve; Authorize the General Manager to amend the current contract with Timothy C. Best, CEG, in the amount of $42,600 (including 20% contingency) for a total authorization amount not to exceed $127,245.00 at El Corte de Madera Creek Open Space Preserve. L. Hassett seconded the motion. Meeting 07-15 Page 7 Discussion: C. Riffle said that staff is relying a good deal on Mr. Best and asked if there were others the District should look to for engineering assistance. M. Manning said that last year staff sent out a request for proposals for certified engineering geologists and that Mr. Best consistently came in with a lower cost to perform the work. In addition, M. Manning stated he provides “real world” solutions that are cost effective, as well as consistently upgrading his product, which saves time and cost for the District. M. Freeman added that other engineers are used on projects and named a few of these along with their projects. Vote: The motion passed 7 to 0. C. Agenda Item No. 3 – Approval of Amendments to Lease Agreement with Spring Water Easement Agreements with Driscoll Ranches, LLC, San Mateo County Assessor’s Parcel Numbers 078-270-010, -020, -030; 078-290-010, -020, 060; 082-140-020; 082-170-010. -040, Located in Unincorporated San Mateo County Adjacent to Highway 84 at La Honda Creek Open Space Preserve; Adopt the Resolution Approving and Authorizing the Execution of the Amendment to Lease Agreement and Spring Water Easement Agreements with Driscoll Ranches, LLC at La Honda Creek Open Space Preserve – (Report R-07-81). M. Williams presented the staff report and gave some background information about the grazing lease. He pointed out the four structures that came along with the 50-year grazing lease. He reviewed the amendments to the grazing lease, adding that the residence be turned over to the District. After three years, if Driscoll does not use the property as part of the grazing operation, then another structure/residence would be turned over to the District. Driscoll, however, could decline if the residence is used as part of the grazing operation. M. Williams reviewed the two spring-water easements that have two easement systems. He showed where the systems were located. The first system is the residence water system. He explained it is a shared system and any water not used by the two residences would be used for the grazing operation. He said there is also a well and showed where it was located. He further stated the District is looking at the feasibility of restoring the well. M. Williams described the second easement system. He showed the Driscoll event area and where the spring box is located. Historically, he explained the properties were served by this spring box. Driscoll would have full use and maintenance responsibilities for the system, but the District would have reserved rights to use it for emergency and maintenance purposes. The District could install a fire hydrant in the vicinity for safety purposes. The two conditions that were waived have been resolved with Driscoll Ranch, which would benefit the District’s operation of the property. Meeting 07-15 Page 8 M. Williams complimented and thanked S. Schectman for her patience and help with this project. He showed pictures of the residence and private property and other premises. C. Riffle asked if it was Driscoll’s responsibility to maintain the residences when he is using them. M. Williams that that it was Driscoll’s responsibility. C. Riffle asked how the use and maintenance would be shared equally. M. Williams said that if the District pays for a repair, then they would look to Driscoll to reimburse half the cost and, equally, Driscoll could expect reimbursement by the District for repair costs. Motion: M. Davey moved that the Board approve the amendments to Lease Agreement with Spring Water Easement Agreements with Driscoll Ranches, LLC, San Mateo County Assessor’s Parcel Numbers 078-270-010, -020, -030; 078-290-010, -020, 060; 082-140-020; 082-170-010. -040, located in Unincorporated San Mateo County adjacent to Highway 84 at La Honda Creek Open Space Preserve; Adopt Resolution No. 07-18, approving and authorizing the execution of the Amendment to Lease Agreement and Spring Water Easement Agreements with Driscoll Ranches, LLC at La Honda Creek Open Space Preserve. J. Cyr seconded the motion. Discussion: P. Siemens asked if money was budgeted for repairing the District residence. M. Williams said that money was budgeted for this fiscal year. P. Siemens asked if the work had been done. M. Williams said that some repairs had been done and more were expected. Vote: The motion passed 7 to 0. D. Agenda Item No. 4 – Adoption of Revised “Board Policies Regarding Improvements on District Lands” Regarding Rental of District-Owned Structures – (Report R-07-82). M. Williams presented the staff report and said that revising this policy would update and modernize how the District assesses structures and then rents them. He said that the Administrative guidelines for the Enterprise Program are also being updated and renamed to Property Management. The Policy was previously amended in 1984. The Enterprise Policy dates back to 1982. He acknowledged S. Schectman and M. Capestany, the new Real Property Specialist who has a strong background in property management. L. Hassett asked if there would still be a priority for uniform staff over non- uniform staff. S. Schectman said that there would be two different employee- housing policies. She briefly reviewed the ranger residence program. She said Meeting 07-15 Page 9 that now other classes of employees would be eligible to occupy District residences, but it would be a managerial decision as to what is the most suitable use for a structure. L. Hassett said he believed it was of tremendous value to have a uniformed staff in a residence, no matter which location on District land. He said he believed that the high visibility of the District truck and uniform presence is extremely valuable. C. Britton clarified that they would not, as an example, have three ranger residences in close proximity, but would look at the best geographical areas as well as those that needed District presence. S. Schectman said that department managers typically would not qualify under this policy. S. Schectman reviewed the administrative policy and the processes that would be in place in employee selection for District residences. M. Williams said that this updated policy would also further open up the possibility for open space technicians to apply for District housing. He gave examples of sites that might be possibilities for utilizing technician skills. He stated it would give the District more flexibility. P. Siemens suggested a change to Attachment A, page 1 adding the words, “historic value”, after the words “liability management.” N. Hanko said she had some suggested changes to the same statement. In Policy B, under public notice, she suggested changing the word “the” to the word “any”. C. Britton said that they did not do a comprehensive review of the Board policy, but only looked at the language being discussed in this report. N. Hanko gave further thoughts for changes, under C.2. She suggested that the second sentence have a comma after “historic,” followed by a comma, and then adding the words “educational use”. C. Britton suggested, “recreation, environmental, historic, or education.” N. Hanko referred to the last page (page 4), under section D, and asked if the Board could review and be aware of these situations. S. Schectman stated that she found a change she should have made under Section D to conform with Section C. She indicated she wanted to strike the term “interim or long term” as these terms are obsolete. C. Britton said that eventually, the District could use structures to recruit employee applicants, but that would come before the Board for consideration. J. Cyr said that they would need to be extremely cautious with the rental structure. K. Nitz asked if the communication lease policy would be updated and M. Williams said that would be a future report. Motion: M. Davey moved that the Board adopt the revised “Board Policies Regarding Improvements on District Lands” regarding rental of District-owned structures, as amended. J. Cyr seconded the motion. Meeting 07-15 Page 10 Discussion: K. Nitz clarified that the communication leases are a separate issue. C. Britton said that communication leases are looked at on a case-by-case basis and that those leases are brought before the Board for review. Vote: The motion passed 7 to 0. E. Agenda Item No. 5 – Authorize the General Manager to Execute a Professional Services Agreement with the Executive Search Firm of Peckham & McKenney for Recruitment of a District General Manager in an Amount Not to Exceed $25,000.00; Assign the Ad Hoc Evaluation Committee to Work with Peckham & McKenney to Return to the Board with a Proposed Recruitment Process and Timeline for Board Review and Approval – (Report R-07-83) K. Nitz asked why this firm was chosen. P. Siemens said that any of the five firms would have been good choices, but this firm received more votes from the Committee. N. Hanko said she voted for this firm because they seemed more interested in involving the entire Board so that they would get individual thoughts and attention from each Board member. J. Cyr added that the Committee interviewed five firms and he agreed with P. Siemens that any of the five would have done an adequate job. He said that the proposed firm has an advantage of providing a more personal service; although a disadvantage is that they may have a smaller pool of potential candidates. The Committee felt the Board would get a slightly better service over the other candidates. C. Riffle thanked the Committee for their work so far and stated that he thinks this is some of the most important work the Board will be performing. He asked if the Committee or staff had checked any client references from recruitments performed by the firms. S. Schectman said that they had put together a list of the best firms and had called some cities to get feedback on performance. M. Davey asked C. Britton what he thought. C. Britton stated he believed that Bobbi Peckham was the best. S. Schectman added the importance of timing in the selection and recruitment process. Motion: P. Siemens moved that the Board authorize the General Manager to execute a Professional Services Agreement with the executive search firm of Peckham & McKenney for recruitment of a District General Manager in an amount not to exceed $25,000.00; Assign the Ad Hoc Evaluation Committee to work with Peckham & McKenney to return to the Board with a proposed recruitment process and timeline for Board review and approval. M. Davey seconded the motion. Meeting 07-15 Page 11 Vote: The motion passed 7 to 0. VIII. NEW STAFF INTRODUCTION C. Britton introduced Camille Tavlian to the Board as the new Senior Administrative Assistant, Office Manager and Deputy District Clerk. C. Tavlian joins the District with over 15 years of public service, having supported management and Boards of local government agencies in the Bay Area, as well as Sacramento County. C. Tavlian stated she was delighted to join the District and looked forward to supporting the Board of Directors as well as District staff. The Board welcomed her to the District. IX. INFORMATIONAL REPORTS P. Siemens said his compensable meetings included the 7/13 Ad Hoc Evaluation Committee, and tonight’s Board meeting (7/25). L. Hassett said his compensable meetings were 7/19 and the 7/23 La Honda Creek Master Plan meetings, and tonight’s Board meeting (7/25). He said he is a sponsor of the Driscoll Ranch Rodeo, but would be away from the event. He offered four tickets to the Rodeo and a VIP pass with premiere parking pass, and an opportunity to have a photo shoot with the Rodeo Queen. M. Davey said she could use them. L. Hassett recognized the South Skyline Association, specifically Ruth Waldhauer, for the Skyline clean up and especially the lookout area clean up. CalTrans had allowed a garbage receptacle in the area, which enabled garbage pick-up. On July 5, L. Hassett stated he drove by the look- out and saw 20 –25 Roman candles as well as other fireworks, which concerned him. It was a serious reminder of the potential danger of fire in the area. C. Riffle said his compensable meetings included the 7/19 and 7/23 La Honda Master Plan Meeting, and tonight’s Board meeting (7/25). He hiked Crystal Springs on Sunday, a docent led hike on the Ridge Trail and on a gravel road. He saw old growth trees. He said he was looking forward to attending his first burn and thanked G. Baillie for the invitation. N. Hanko said her compensable meetings included the 7/10 and 7/13 Ad Hoc Evaluation Committee, the LFPAC meetings on 7/20 and 7/23, and tonight’s Board meeting (7/25). She noted that she has been spending her time reading materials for the various committees and has not had time to do much of anything else. J. Cyr stated that his compensable meetings were the 7/13 Ad Hoc Evaluation Meeting, the LFPAC meetings on 7/20 and 7/23, and tonight’s Board meeting (7/25). He thanked R. Jurgensen for the talking points on the burn. He pointed out an article regarding the reduction in the use of National Parks, and an article on Eucalyptus. He said there is an article in Sunset magazine about Ridge Winery and Picchetti Winery. In the FYI’s, he noticed comments about graffiti and asked if those incidents were increasing. J. Maciel said that graffiti had increased in specific areas. J. Cyr asked about the day camp Meeting 07-15 Page 12 mentioned in the letter from the Santa Clara Open Space Authority and asked for more information. M. Davey said her compensable meetings included the 7/19 and 7/23 La Honda meetings, and tonight’s Board meeting (7/25). She thanked M. Freeman for helping arrange a hike along Skyline. She mentioned there was a mountain lion sighting on a piece of land opposite Foothill College. She said she had been contacted by concerned individuals in the area. C. Britton said that C. Roessler and M. Newburn would be attending a public meeting at Los Altos Hills Town Hall in August and would be bringing a person with a mountain lion, as well as Henry Collett to accompany them. K. Nitz said his compensable meeting was tonight’s Board meeting (7/25). C. Britton said that P. Siemens requested that he inform the Board of a service review which was performed on the District and the Open Space Authority LAFCO. He indicated it was a glowing report. He mentioned he will attend the meeting on August 1. He also stated J. Maciel gave him a homeowners guide on how to live with the potential of fire from San Mateo County to hand out. He also distributed the final Audit Report to the Board. He mentioned this is the third year of a three-year agreement, and that next year there would be an RFP for a new auditor. He went to the CALJPIA annual meeting in La Palma. He said that the LFPAC members are interviewing consultants for the new District logo design. N. Hanko gave some detailed information on the logo design process. He mentioned that this was J. Maciel’s last Board meeting, due to his impending retirement. He reminded the Board of the retirement party for J. Maciel to be held next Friday. He also mentioned that the first round of interviews occurred today for the new Operation’s Manager. G. Baillie handed out FPPC Form 470 for the Board to complete. He reminded the Board of the scheduled burn at Russian Ridge following morning and indicated there would was a briefing scheduled in the morning at 9:00am for media and invited guests. J. Maciel stated it was a pleasure working for the District for almost seven years and indicated it had been a highlight of his career. The Board applauded his service and wished him well in his retirement. M. Freeman gave an update on permit streamlining. He said there is now a five-year MOU with California Fish and Game Department and there is a five-year renewal period. He also described the new reporting process. IX. ADJOURNMENT At 10:47 p.m., the Regular meeting was adjourned. Lisa Zadek Recording Secretary Meeting 07-18 REGULAR MEETING BOARD OF DIRECTORS September 12, 2007 MINUTES I. ROLL CALL President K. Nitz called the special meeting to order at 7:30 p.m. Members Present: Ken Nitz, Jed Cyr, Nonette Hanko, Curt Riffle, Pete Siemens, Larry Hassett, and Mary Davey. Members Absent: none Staff Present: Craig Britton, Duncan Simmons, Michael Williams, Camille Tavlian, Sandy Sommer, M. Newburn, M. Manning, M. Freeman, R. Jurgensen II. ORAL COMMUNICATIONS There were none. III. ADOPTION OF AGENDA Motion: J. Cyr moved to adopt the Agenda. P. Siemens seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR C. Riffle corrected the Minutes of August 22, 2007 (Meeting 07-17) on page 3, paragraph 2 by adding the words “of the road”. K. Nitz requested to pull Agenda Item 5. M. Davey stated that she would be recusing herself from Revised Claims numbered 7412, 7413, 7500-R. N. Hanko stated that she would voluntarily recuse herself from the Revised Claims 7412, 7413, 7495 and 7500-R. Meeting 07-18 Page 2 K. Nitz commented on Revised Claim 7437 regarding the bank card charges and how they are shown. C. Britton explained a new way they could be shown which was acceptable to the Board. J. Cyr commented on Agenda Item 4, noting that the CEQA statement was missing. C. Britton said that, since it is the second reading, staff was not required to restate the CEQA statement. J. Cyr requested that, although it was not required, he thought it should be restated to be clear for people reading the item for the first time (if they missed the first reading). Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the Board Minutes of August 22, 2007, as corrected; Agenda Item 4 Final Adoption of an Amendment to the Use and Management Plan for Thornewood Open Space Preserve to Construct and Designate a New Trail Open to Hiking Equestrian Use and Dogs on Leash to be Named the Bridle Trail; Formally Designate the Lower 1,000-foot Section of an Existing Informal Trail Known as Dennis Martin Road; Construct the Remaining 3,200-foot Section of the New Bridle Trail to Connect with the Existing Schilling Lake Trail; Agenda Item 6 Scheduling a Special Meeting of the Board of Directors on October 17, 2007 for Consideration of Use and Management Plan Amendments at Tunitas Creek and Skyline Ridge Open Space Preserves, Beginning at 7:00pm; and Revised Claims 07-14. C. Riffle seconded the motion. The motion passed 7 to 0 on the August 22, 2007 amended Board Minutes; Agenda Items 4 and 6. The Revised Claims 07-14 passed 5 to 0 on Revised Claim numbers 7412, 7413, 7500-R with two recusals; passed 6 to 0 on Revised Claim number 7495 with one recusal, and passed 7 to 0 on the remaining Revised Claims. V. BOARD BUSINESS A. Agenda Item No. 1 – Authorization to File a Notice of Nonrenewal with Santa Clara County for Designated Midpeninsula Regional Open Space District Lands Currently Covered by Williamson Act Contracts; Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act (CEQA) As Set Out in the Report; Adopt the Attached Resolution Authorizing the General Manager to File A Notice of Nonrenewal with Santa Clara County for the Parcels of Midpeninsula Regional Open Space District (District) Land Currently Covered by Williamson Act Contracts as Designated in Attachment 1 to the Report – (Report R-07-88). S. Sommer presented the staff report. She showed a map covering the area attached to the staff report, and mentioned a correction to page 9 of Attachment 1 that should state a total acreage of 5,231.79. She reviewed compatible uses under the Williamson Act. Meeting 07-18 Page 3 S. Sommer reviewed the Williamson Act and said that staff reviewed these parcels to see if there is any land categorized as agricultural by the State and found that there are only two areas. They are the Picchetti Winery (approximately 113 acres) and the other is at Jacques Ridge (approximately 25 acres designated as “Grazing Land,” but not used for grazing). She said that, after consulting the California Farmland Mapping and Monitoring Program (FMMP), staff found that, except for Picchetti, agricultural uses no longer existed, and only about three acres of Picchetti are currently used for agriculture. S. Sommer said that there are other contracts in other District-owned Williamson Act parcels in San Mateo County and some in the city of Palo Alto and the town of Los Gatos, that are not under consideration now. K. Nitz noted that Palo Alto and Los Gatos are located in Santa Clara and asked why they were not specified. S. Sommer’s replied that, since there are Williamson Act lands in each, they are contracted through the city rather than through the county. S. Sommer said that, as a public agency, the contracts no longer serve a purpose because the District already promotes agricultural and open space use. She said having land under the contract adds additional and unnecessary steps for obtaining county approval of minor open space improvements. Staff reviewed CEQA and determined that this is categorically exempt. L. Hassett asked if any of the parcels indicated are dedicated and S. Sommer said some parcels were not dedicated. K. Nitz asked if it mattered and was told it did not matter. N. Hanko asked who recommended that the District take this action and S. Sommer said that the California Department of Conservation had made the recommendation. N. Hanko said that she thought lands with Williamson Act contracts were given more protection. She said that this was important especially if future District Board members might possibly do more development. C. Britton said that, by dedicating the land, this concern is diminished and that the Williamson Act does not add another layer of protection where land is purchased by an open space district. N. Hanko said she was satisfied. P. Siemens also commented that the District should apply for non-renewals immediately when new land is purchased. C. Riffle said that this would reduce expenses and costs to the District. J. Cyr acknowledged the work involved with this staff report and said it was well done and easy to read and understand. Motion: M. Davey moved that the Board authorize staff to file a Notice of Nonrenewal with Santa Clara County for designated Midpeninsula Regional Open Space District lands currently covered by Meeting 07-18 Page 4 Williamson Act contracts; Determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; Adopt Resolution No. 07-21 authorizing the General Manager to file a Notice of Nonrenewal with Santa Clara County for the parcels of Midpeninsula Regional Open Space District (District) land currently covered by Williamson Act contracts as designated in attachment 1 to the report. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 – Authorization to Contract with ComposiCon to Manufacture Four Fiber-Reinforced Polymer Bridges for Use at El Corte de Madera Creek Open Space Preserve; Authorize the General Manager to Enter Into a Contract for Bridge Manufacture with ComposiCon in the Amount of $62,421 for Use at El Corte de Madera Creek Open Space Preserve – (Report R-07-90) M. Manning presented the staff report and began by noting the change in the price listed under the Recommendation. She said that the amount was changed to eliminate the contingency amount, adding that there should be no extra costs. She said that they will initiate the public bidding process in winter. C. Riffle asked if there were any pictures of the bridges and M. Manning said she could send him and any other Board members pictures. M. Manning said that the bridges will be similar to the bridge at the Virginia Mill Trail at El Corte de Madera Open Space Preserve. She said that the bridges are light weight and are good for walkers, equestrians and bicyclists. C. Riffle asked if this is the first bridge and M. Manning said that there were two others. P. Siemens asked what “fiber” was. M. Manning said it was fiberglass and she said she would forward the website that has more information about the product. P. Siemens asked about the safety factor and M. Manning said that the project engineer knows that information. Motion: N. Hanko moved that the Board authorize the General Manager to enter into a contract for bridge manufacture with ComposiCon in the amount of $62,421 for use at El Corte de Madera Creek Open Space Preserve. P. Siemens seconded the motion. Discussion: K. Nitz asked if the bridge design would be helix. M. Manning said that they will require helix. M. Davey asked if the permits were obtained and was told they had been. Vote: The motion passed 7 to 0. Meeting 07-18 Page 5 C. Agenda Item No. 3 –Consideration of a Special Meeting of the Board of Directors for the Purpose of a Study Session to Discuss, Review and Define Key Issues and Challenges Facing the District Over the Next Ten Year Period – (Report R-07-92). C. Riffle presented this report and said that he wanted to formally request a special meeting on where the Board is now and how the Board will go forward. He said he would like to see the Board define their mission for the next ten years, adding that they are in interesting times with changes in the region, economic and otherwise. He said he sees this as a great opportunity at this time since the Board will be searching for a new General Manager. It will also be an opportunity for self-appraisal as a Board. He suggested designating one to two hour sessions with a facilitator. N. Hanko said that this reminded her of the earlier days of the District. She said she would like to see the Board involved in developing categories for discussion, and that staff involvement is very important, as well, as they know the needs and problems to be examined. She said she would support this item, but asked that a committee be formed to put together the discussion points before the full Board met. J. Cyr said he welcomed the opportunity for the full Board to hear each other’s vision and said it would be valuable. He said this would give the Board an opportunity to get their thoughts together before interviewing and hiring a new General Manager. M. Davey said she agreed with having a Special Meeting, adding that the Board members should share their vision for a new General Manager. P. Siemens stated his support and suggested that they might need a half-day session and agreed that the meeting should be held on the weekend. He also said he agreed with having a sub-committee to develop a topic list. He said he sees the meeting as a brainstorming session and that he would value the input of staff at the study session. He had two thoughts regarding the new General Manager and asked if prospective General Manager candidates could attend the study to see how the Board functions. K. Nitz said he was in favor of the meeting, but did not want to have a sub- committee to develop the topics. He said that they did not need to limit the study session and suggested that there could be more than one. He also noted that there were a lot of Board member vacations coming up and hoped that they could schedule this meeting sooner rather than later. M. Davey suggested October 13, 2007 and asked if the Board could send their ideas to C. Riffle to compile. D. Simmons gave some clarification of procedure. Meeting 07-18 Page 6 M. Davey asked if the staff could have the same opportunity. D. Simmons said they could as long as it is part of the agenda. N. Hanko asked C. Riffle if he had time to compile the topic list and C. Riffle said he did. She suggested that each Board member brainstorm individually and give their list to C. Riffle. J. Cyr said that they should not mingle the two processes – the General Manager search and Board study session. He acknowledged there would be tremendous value having the staff at the meeting. L. Hassett agreed. The Board reviewed dates and selected Sunday, October 21, 2007 from 9:00am to 1:00pm for the special meeting. C. Britton said he would work with staff to schedule the meeting and notify the public. C. Britton said he thought it would be helpful to have a facilitator to keep notes and produce a document with those notes. He said that he thought there would be no decisions and no staff assignments as a result of the meeting. C. Riffle agreed that they would not be making decisions and that they may not even get to a vision, but that this was an opportunity to have an open discussion about the future of the District over the next ten to twenty years. The Board agreed to provide their lists to C. Riffle by September 30, 2007. Motion: C. Riffle moved that the Board of Directors hold an open meeting on October 21, 2007 to allow Board, staff and members of the public to think about what the District will be considering over the next ten to twenty years. This meeting will be from 9:00am to 1:00pm. P. Siemens seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 5 – Schedule a Special Meeting of the Board of Directors on November 6, 2007 Regarding Development of a Draft Wildland Fire Management Policy – (Report R-07-93). Both Board and staff noted that, unfortunately, this meeting had been delayed due to vacation and scheduling conflicts, as well as the need to provide adequate public notice. C. Riffle asked if the time for the meeting was set. M. Freeman said that it was not yet set. Motion: K. Nitz moved that the Board schedule a Special Meeting of the Board of Directors on November 6, 2007 regarding development of a Draft Wildland Fire Management Policy. C. Riffle seconded the motion. The motion passed 7 to 0. Meeting 07-18 Page 7 VI. INFORMATIONAL REPORTS N. Hanko said her only compensable meeting was tonight’s Board meeting (9/12). She reminded everyone about the Golden Spike event on Saturday, September 15. She asked R. Jurgensen to work out the press release and include the agenda. J. Cyr stated that his only compensable meeting was tonight’s Board meeting (9/12). He said he hiked up on Skyline and along the Achistaca Trail and said the trail is in good shape. He mentioned he was going to the Ridge Trail meeting tomorrow. M. Davey said her only compensable meeting was tonight’s Board meeting (9/12). She said the invitation for Saturday’s event is beautiful and asked if there would be any carpooling from the Administration office to the event. C. Riffle offered her a ride. She said that the Mel Lane funeral was the day before at Stanford’s Memorial Church and that it was a beautiful ceremony. P. Siemens said his compensable meetings were the August 30 Use and Management meeting and tonight’s Board meeting (9/12). L. Hassett said his compensable meetings were the August 30 Use and Management meeting and tonight’s Board meeting (9/12). He said it was a phenomenal Use and Management meeting attended by about fifteen people. He said the grazing policy was discussed and was well handled. He noted there was good input to the grazing policy language. He said the group went on a tour of Big Dipper and Tunitas Creek, adding that a new batch of people were waiting to join them at Tunitas Creek. He praised the staff report and the outreach to the community He said he also had an invitation to visit the Jacque Littlefield Ranch. C. Riffle said his compensable meetings were the August 30 Use and Management meeting and tonight’s meeting (9/12). He said that he learned a great deal at the Use and Management meeting. He noted that he stood looking toward L. Hassett’s residence and saw a puff of smoke but it turned out to be the Steven’s Canyon fire. K. Nitz said his only compensable meeting was tonight’s Board meeting (9/12). He said he hiked the upper part of Thornewood Open Space Preserve and saw and reported some tree cutting. He also noted that the landslide is moving. He showed a mailer he received from PG&E that advertised that they were buying land for carbon offsets. C. Britton said he attended the CalJPIA annual meeting and said that Marin County has applied for membership. M. Freeman said he just returned from vacation in Canada. He said he went to the ABAG meeting with S. Sommer. They looked at the green-vision of the nine-county bay area and are looking to release a public document. He said that the Unavco Project to monitor plate movement was installed at Rancho San Antonio Open Space Preserve. He Meeting 07-18 Page 8 said that staff met to look at the area of the Steven’s Canyon fire with CalFire, and noted that CalFire is already working on restoring the site. He said that District staff was pleased with the work CalFire had done so far. M. Newburn noted three fires. On September 3, there was a 2.2-acre fire that affected Sierra Azul Open Space Preserve in the Twin Creeks area. On September 4, there was a 30’x30’ fire along the roadside at Hicks Road in the Guadalupe land area, and a helicopter that happened to be flying over the area had dumped water on the fire and put it out. On September 7, evidence of an illegal fire was found at Mt. Umunhum where there were smoldering logs. R. Jurgensen reminded the Board that there were two events occurring on Saturday, September 15. He pointed out the articles on geo-caching. He showed the card notification that will be sent out to announce the Good Neighbor Policy meeting. D. Simmons spoke about the restoration occurring at Moffett Field’s Hangar 1 area. He said that the RAB people were at the Mountain View Art and Wine Festival working on building community support. C. Tavlian said she was sitting in for G. Baillie tonight. She said she had a sympathy card in memory of Thomas Trapp, Esq. of Barg, Coffin, Lewis & Trapp, who recently passed away, and asked the Board members to sign it at the end of the meeting. VII. ADJOURNMENT The Regular meeting adjourned at 9:19 p.m. Lisa Zadek Recording Secretary From: Shari Emling To: info@openspace.org Sent: Tuesday, September 25, 2007 11:29 PM Subject: 9/26/07 MROSD meeting Dear MROSD Board Members, I represent the Homeowner's Association of Murietta Lane in Los Altos Hills and planned to be at your Wednesday meeting, the 26th of September. Unfortunately, I will be unable to attend to represent our area off Moody Road in Los Altos Hills, so I am sending you our concerns in writing. First, we have had a couple scares this summer with the dry grass on the ridge (the ridge behind Murietta Lane meets up with MROSD land at the crest) being set afire. Unfortunately, in the 27 years we have lived here, we have had several small fires - and they are very alarming. In the past, high school students would find the ridge and have parties almost every weekend, which seemed to quickly get out of hand. Fortunately, because of this danger, the Los Altos Hills Town Council saw fit to eliminate any and all trail access to Murietta Ridge or Hidden Villa land within the last year. This has helped quite a bit. Previous to this, in addition to the fires, we had hikers who were lost and would come wandering down through our properties looking for a way out. I'm sure you appreciate the danger these incidences entail to residential areas as well as to a private preserve such as Hidden Villa which has children's camps and events. We are asking that you please be aware of the neighborhood opposition to any trails leading onto the ridge over Murietta or Hidden Villa. These areas are well covered by trees and brush - and the fires would be easily hidden until getting out of hand. We have had "campers" make a game out of throwing beer bottles from the ridge into our pool - and the broken glass on our property from this is not only dangerous - but takes a great deal of time to clean up and remove. We cannot stress enough how imperative it is that trails are NOT connected near Murietta or Hidden Villa. The distance from any MROSD authority makes these areas quite impossible to supervise and greatly increases MROSD liability should these trails be instituted. Murietta Ridge - because of our fabulous amount of wildlife - has been designated a "wildlife corridor" on the most recent Los Altos Hills maps by this Town Council, specifically prohibiting trails so as to not impinge on this area. We have the usual abundance of deer (beautiful fawns this summer!), many coyotes, bobcat, our gorgeous and elusive mountain lion, and a massive assortment of smaller mammals. The residents of Murietta leave the animals in peace - and even our goats and horses co-exist quite easily with all the wildlife. (And as far as our chickens are concerned... "good fences make good neighbors" and they are safe from the predators because of a heavy fence around the aviary.) We have lived here, joyfully, with the wonderful wildlife - and we would appreciate MROSD supporting us in this endeavor by NOT allowing trails near this ridge. Thank you for taking the time to have these meetings and for soliciting neighborhood input. Kind regards, Shari Emling - Murietta Lane Association representative October 10, 2007 Shari Emling Re: Murietta Ridge Trail Access Dear Ms. Emling, Thank you for your September 25, 2007 email regarding your concerns about potential trail access to the Town of Los Altos Hills’ Murietta Ridge property. Along with Hidden Villa and Rancho San Antonio Open Space Preserve, which are adjacent to the property, Murietta Ridge is critical in terms of protecting wildlife habitat, water quality, and the area’s dramatic scenery. The District does not currently have plans to construct any new trails that would connect Rancho San Antonio Open Space Preserve to Murietta Ridge. However, along with the National Park Service and the Santa Clara County Parks and Recreation Department, the District does have an interest in establishing a section of the Juan Batista de Anza National Historic Trail in the vicinity. The Santa Clara County Trails Plan depicts a potential alignment for this route that would extend between Hidden Villa and Rancho San Antonio Open Space Preserve. This route is just conceptual; if it were approved, it would likely incorporate segments of the existing trails at Hidden Villa and Rancho San Antonio Open Space Preserve, which are located well to the south of Murietta Ridge. If the District were to partner on this or other projects in the future, please rest assured that any new trails would be located on District-owned property or through an approved trail easement. The District is very careful to involve other agencies and members of the public in the trails planning process, and there would be ample opportunity for participation and involvement by neighbors. Additionally, any project located within the Town of Los Altos Hills would conform to the Town’s General Plan and would be subject to that agency’s review and approval. Thank you again for taking the time to express the concerns of the Murietta Lane Homeowner’s Association. If you have additional questions, please feel free to contact the District’s Planning Manager, Matt Freeman, at (650) 691-1200. Sincerely, Ken Nitz President, Midpeninsula Regional Open Space District KN/MF:ct cc: Midpeninsula Regional Open Space District Board of Directors R-07-103 Meeting 07-20 October 10, 2007 AGENDA ITEM 1 AGENDA ITEM Proposed Retention of Consultant to Redesign the District’s Logo LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE’S (LFPAC) RECOMMENDATIONS 1. Concur with LFPAC’s recommendation that Mortensen Design Be Selected by the General Manager to Redesign the District Logo. 2. Accept LFPAC’s recommendation of a process for involving staff and providing the Board with a comprehensive redesign process. DISCUSSION In order to choose a consultant who will work with the District to redesign its logo, LFPAC has in recent weeks twice met with firms who are interested in this project. The Committee initially interviewed three firms but made its final recommendation contingent on the quality of additional sample logo designs that one of the firms was asked to develop and present. As a result of the presentation, LFPAC voted unanimously at its September 14 meeting to approve the hiring of Mortensen Design, a firm based in Mountain View. A vote by the full Board of Directors approving the selection of Mortensen Design is not technically necessary because the expenditure decision is well within the General Manager’s contracting authority. The total project budget is below $25,000, with actual anticipated costs to be no more than $10,825 over three phases. Phase I includes researching, conceptualizing and drafting a design. Phase II includes refining the design and adding typography, while Phase III includes adding color to the completed black and white “mark”. LFPAC, nevertheless, recommends Board concurrence because there is strong District-wide interest in a redesigned logo. Furthermore, early involvement by the Board benefits this project because it would be desirable for the Board to vote unanimously to adopt the final logo design. In addition to confirming the selection of this consultant, it is recommended that the Board accept the following recommendation for a process to involve both Board and staff in redesigning the logo using Mortensen Design as the designer/facilitator: 1. The firm showed eight draft logos to LFPAC at its September 14 meeting and, of these designs; the Committee chose the top six for further modification and consideration by the Committee and staff. 2. Mortensen Design will present the six “marks” at a meeting where they will solicit feedback and creative input by the Board and staff members and narrow the field down to two or three final design ideas. 3. Mortensen will then incorporate the input and present two or three revised designs to the Board at a public meeting where the Directors will solicit comments and cast their votes for one design that will become the new District logo. LFPAC’s goal is a final Board vote on a new, redesigned logo by the end of the 2007 calendar year. Prepared by: Rudy Jurgensen Public Affairs Manager Contact Person: Nonette Hanko Chair, Legislative, Funding and Public Affairs Committee R-07-99 Meeting 07-20 October 10, 2007 AGENDA ITEM 2 AGENDA ITEM Review and Approve Process and Timeline for General Manager Recruitment AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS 1. Approve Attached Process and Timeline for General Manager Recruitment 2. Direct Ad Hoc Board Appointee Evaluation Committee to Work with Peckham & McKenney as Needed to Facilitate the Attached Recruitment Process and to Return to the Full Board for Approval at Decision-making Steps as Set Out in the Process DISCUSSION At the Board’s January 24, 2007 meeting, you assigned the task of developing and recommending a General Manager recruitment process to the Ad Hoc Board Appointee Evaluation Committee (See Report R-07-05). At your meeting of February 28, 2007, the Committee reported back to the Board and recommended the initial steps of a recruitment process. (See Report R-07-30). The Board directed the Committee to interview and recommend a qualified executive search firm. It was anticipated that the Committee would then work with the selected recruiter and return to the Board with a proposed recruitment process and timeline for Board discussion, review and approval. At your meeting of July 25, 2007, the Committee recommended and the Board approved retaining the executive search firm of Peckham & McKenney (See Report R-07-83). The Committee was assigned to work with the project manager, Bobbi Peckham, and return to the Board with a proposed recruitment process and timeline. The Committee, General Manager, and General Counsel met with Bobbi Peckham to discuss the consultant’s proposed recruitment process and schedule and to adjust the process to meet the desires expressed by the Board. A copy of the proposed process and timeline is attached to this Report. RECRUITMENT PROCESS AND TIMELINE The process consists of five principal phases and associated timeframes. Ms. Peckham has had extensive experience in executive recruitment and has proposed this timeline as appropriate for a vigorous recruitment, which can be successfully completed in advance of the General Manager’s retirement. Full Board Meetings are highlighted in bold below. R-07-99 Page 2 1. PROJECT ORGANIZATION: SEPTEMBER 18 –NOVEMBER 15, 2007 Key Product: Candidate Brochure and Profile This phase begins with the Board’s adoption of the proposed process and timeline tonight. October 17: The recruiter will meet individually with each Director and will also meet with District staff at both field offices and at the administration office. With this input, the recruiter will begin preparing the candidate profile and a focused candidate questionnaire for Board review. October 21: Ms. Peckham will attend the Board’s visioning workshop as an observer to obtain further material pertinent to the recruitment. October 24: There will be a Board public workshop with Ms. Peckham at 6:00 p.m. prior to the Board’s regular meeting to discuss and finalize the candidate profile and review a draft brochure. October 25 –November 5: Final design layout and printing of the brochure, placement of advertisements in appropriate venues, refine recruitment outreach plan and mail brochures. 2. RECRUITMENT: NOVEMBER 5, 2007-JANUARY 4, 2008 Key Product: Search Firm Recruitment process implemented; filing deadline January 4, 2008 3. PRELIMINARY INTERVIEWS/RECOMMENDATIONS: JANUARY 7, 2008- JANUARY 31, 2008 Key Product: Conduct preliminary interviews of qualified applicants; select finalist candidates for Board interviews January 9, 2008: Assuming Board approval, the Committee will meet with the recruiter after the firm has evaluated all applications received. All resumes received will be reviewed with the Committee with recruiter’s evaluation as to suitability for position and finalist status. January 10-18, 2008: Focused, supplemental additional questions sent to leading candidates. January 21-25, 2008: Recruiter conducts preliminary interviews with leading candidates. January 30, 2008: Recruiter meets with full Board at 5:30 p.m. before the Board’s regular meeting to hold in-depth closed session discussion to present comprehensive R-07-99 Page 3 written recommendation of finalists for Board review; full background materials and resumes presented. 4. FINAL CANDIDATES-FULL BOARD INTERVIEWS/ SELECTION: FEBRUARY 1, 2008-FEBRUARY 11, 2008 Key Product: Selection of Final Candidate for Further Consideration February 8, 2008: Full day Board Meeting in Closed Session to interview finalist candidates and select finalist candidate. February 13, 2008: If needed, additional full Board Meeting in Closed Session to interview 1-3 finalist candidates and select finalist candidate. 5. FINAL QUALIFICATION, NEGOTIATION OF EMPLOYMENT AGREEMENT, AND ANNOUNCEMENT:FEBRUARY 14, 2008-FEBRUARY 28, 2008 Key Product: Employment of New General Manager February 14, 2008: Make offer to selected candidate February 14-20, 2008: Conduct reference and background checks February 14-20, 2008: Recruiter works with General Counsel to negotiate and prepare appropriate employment agreement February 27, 2008: Full Board announces employment of General Manager and approving Employment Agreement March 31, 2008: General Manager begins employment The Committee believes this comprehensive process will provide in-depth involvement of all Board members at all significant phases of the recruitment process. It will involve meaningful input from staff and the public. Most important of all, it will result in an informed, appropriate, and aggressive recruitment and the likelihood of a very successful outcome. The Committee recommends that the Board approve the recommended recruitment process and timeline. Prepared By: Ad Hoc Board Appointee Evaluation Committee, Directors Cyr, Siemens, and Hanko Contact Person: Jed Cyr, Chair R-07-102 Meeting 07-20 October 10, 2007 AGENDA ITEM 3 AGENDA ITEM Renewal of Lease and Management Agreement with Peninsula Open Space Trust (POST) for the Former Gottsleben/Sonntag Property (Long Ridge Open Space Preserve) and Determine that the Recommended Actions are Categorically Exempt from CEQA as Set Out in the Report GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to sign the attached Lease and Management Agreement Renewal with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel, approving minor revisions which do not substantially change any material term of the Agreement. BACKGROUND (See Attached Map) At its June 26, 2002 regular meeting, the Board approved a Lease and Management Agreement with the Peninsula Open Space Trust (POST) whereby POST agreed to lease the former Gottsleben/Sonntag property to the District for a five-year lease term, with the District agreeing to manage and patrol the property for open space purposes (see Board Report R-02-83). The Agreement stipulated that the property would be deemed to be property under the control of the District for purposes of Public Resources Code Section 5558, and would be deemed to be “District Lands” as defined in District Ordinance No. 93-1. The Lease and Management Agreement between the District and POST was predicated on the District’s desire to acquire the property from POST at some point in the future as an addition to the Long Ridge Open Space Preserve. The Agreement expired on its terms on September 11, 2007. POST now desires to renew the Agreement for an additional five-year period under essentially the same terms. USE AND MANAGEMENT The previously adopted Preliminary Use and Management Plan previously adopted by the Board in June 2002 is listed below for informational purposes. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. Signs: Install boundary signs where appropriate. R-07-102 Page 2 Improvements: Contribute to road maintenance as required by existing road maintenance agreements. Name: Name the property as an addition to the Long Ridge Open Space Preserve. CEQA COMPLIANCE The lease and management of the property by the District, and the concurrent adoption of a Preliminary Use and Management Plan by the District Board, was previously determined to be categorically exempt from CEQA (California Environmental Quality Act) at the Board’s June 2002 meeting. The proposed renewal of the lease and management agreement is a continuation in time of the same project with no changes, so no further CEQA review is necessary. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notice of this proposed lease and management agreement renewal. Report prepared by: Michael Reeves, Real Property Specialist Map prepared by: Erica Simmons, Planning Technician Contact Person: Michael Reeves, Real Property Specialist R-07-104 Meeting 07-20 October 10, 2007 AGENDA ITEM 4 AGENDA ITEM Off Leash Dog Policy Discussion DIRECTOR RIFFLE’S RECOMMENDATION Refer the Development of an Off-Leash Dog Policy for the District’s Open Space Preserves to the Use and Management Standing Committee DISCUSSION Since its inception, the District has attempted to accommodate the recreational needs of visitors and their dogs in the District’s open space preserves, while attempting to mitigate negative impacts to the tranquil open space experience of other users, as well as detrimental impacts to wildlife, trail conditions and site resources. Currently, dogs on leash are permitted on certain trails at nine (9) of our open space preserves. Additionally, a 17.5 acre off-leash area at Pulgas Ridge is open to dogs and their owners under certain guidelines. Attached is an article from the September 19, 2007 edition of the Los Altos Town Crier, which I believe is indicative of some of the local concerns on this topic. As part of the policy development, I believe it would be an important consideration to discuss the role of city “dog” parks in accommodating the recreational needs of local dog owners, as I believe that dogs “off- leash” are a more intense recreational activity than those uses envisioned on District land. From field incident reports on off-leash dogs to increased usage of our preserves by dog owners, I believe it an appropriate time that the Board engage in discussions on this topic, with the goal of developing an Off-Leash Dog policy for the District. In my view, this is an appropriate topic for referral to the Use and Management Committee to begin studying and to provide input and recommendations for the Board’s consideration. Prepared by: Curt Riffle, Board Member Contact person: Matt Freeman, Planning Manager R-07-100 Meeting 07-20 October 10, 2007 AGENDA ITEM 5 AGENDA ITEM Adopt Resolution Approving the Settlement and Release Agreement for a Violation of an Open Space Easement Held Jointly with the Town of Los Gatos; 15310 Kennedy Road, Los Gatos and Determine that the Recommended Actions are Categorically Exempt from CEQA as Set Out in the Report GENERAL COUNSEL'S RECOMMENDATIONS 1. Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) as set out in this Report. 2. Adopt the attached Resolution approving and authorizing execution of the Settlement and Release Agreement. BACKGROUND In April 2005, James and Nicole Richardson, owners of the property identified as 15310 Kennedy Road, Los Gatos, contracted for the grading of a path between 6 and 12 feet wide, over 4100 feet in length along a hillside within the area of an open space easement held jointly by the Town and the District. The grading occurred without a grading permit issued by the Town. In June of 2005, the Town notified the Richardsons that they had to temporarily stabilize the graded areas in compliance with performance criteria set by the Town and approved by the District. The Town carefully monitored the temporary measures during the winters of 2005/2006 and 2006/2007 while working with Geomatrix, an engineering firm qualified to consult on geological matters including erosion control and remediation measures associated with grading work. Geomatrix prepared and submitted the “Final Report Evaluation of Trail Grading – Joint Easement” on January 17, 2007 (the “Report”) to the Town and District, including recommendations addressing hillside stabilization, sediment and erosion control, and restoration of the graded area to a natural condition. The recommended restoration actions in Section 5.0 of the Report have been approved by the Town and accepted without qualification or reservation by the Richardsons. DISCUSSION The Parties now wish to settle all disputes arising out of the illegal grading within the Open Space Easement by insuring that the graded area is returned to a natural condition pursuant to the recommendations of the Report. The proposed settlement agreement incorporates the specific requirements of the Report, including site work and a five-year monitoring period. The Richardsons are responsible for completing all work at their own expense. The Richardsons are also required to bear the cost of the geotechnical monitoring services. The Town Council of Los R-07-37 Page 2 Gatos approved the subject Settlement and Release Agreement as a consent item on October 1, 2007. ENVIRONMENTAL ANALYSIS The project consists of approval of the settlement of a grading violation on a District Open Space Easement with a private party under the regulatory authority of the Town of Los Gatos, a co- holder of the easement. The Town found the proposed restoration of the hillside area damaged by illegal grading activities to be categorically exempt under CEQA Guideline Section 15301 (Existing Facilities) and Section 15304 (Minor Alterations to Land). Section 15301 exempts the repair of pedestrian trails and similar facilities involving no expansion of use from further CEQA review. Section 15304 exempts minor alterations to the condition of land and vegetation, including filing of earth into previously excavated land with material compatible with the natural features of the site. Approval of the Settlement by the District does not have the possibility for causing a significant effect on the environment [CEQA Guideline Section 15061 (b)(3)]. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed settlement. Prepared by: Duncan M. Simmons, Assistant General Counsel Michael Reeves, Real Property Specialist Contact: Duncan M. Simmons, Assistant General Counsel RESOLUTION NO. 07-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF THE SETTLEMENT AND RELEASE AGREEMENT FOR THE VIOLATION OF AN OPEN SPACE EASMENT HELD JOINTLY BY THE DISTRICT WITH THE TOWN OF LOS GATOS The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Settlement and Release Agreement between James and Nicole Richardson, the Town of Los Gatos and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this reference made a part hereof, and authorizes the General Manager or appropriate officers to execute the Agreement on behalf of the District. Section Two. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * R-07-105 Meeting 07-20 October 10, 2007 AGENDA ITEM 6 AGENDA ITEM Scheduling of a Special Meeting of the Board of Directors on December 5, 2007 Regarding Development of a Draft Ecological Succession Policy GENERAL MANAGER’S RECOMMENDATION Schedule a Special Meeting of the Board of Directors on December 5, 2007 regarding development of a Draft Ecological Succession Policy. DISCUSSION Staff would like to conduct a Study Session for the Board to receive presentations on Ecological Succession issues and to discuss an Ecological Succession Policy as a new chapter in the District’s Draft Resource Management Policy document. Prepared by: Kirk Lenington Resource Planner II Contact person: Same as above R-07-101 Meeting 07-20 October 10, 2007 AGENDA ITEM 7 AGENDA ITEM Cancellation of the Special Meeting of the Board of Directors Scheduled for October 17, 2007 for Consideration of Use and Management Plan Amendments at Tunitas Creek and Skyline Ridge Open Space Preserves GENERAL COUNSEL’S RECOMMENDATION Cancel the Special Meeting of the Board of Directors Set For October 17, 2007. DISCUSSION On September 12, 2007, the Board of Directors scheduled a Special Meeting to consider Use and Management Plan Amendments at Tunitas Creek and Skyline Ridge Open Space Preserves (see Report R-07-94). Because the former Preserve falls within the District’s Coastside Protection Program area, this meeting was scheduled to occur on the coast in compliance with the meeting requirements of the Service Plan. However, staff requires more time to work out the details associated with the grazing lease at Tunitas Creek Open Space Preserve. Staff, therefore, recommends cancellation of this Special Meeting. A Special meeting will be scheduled to occur on the coast when the lease terms have been finalized. In the meantime, staff will bring the Use and Management Plan amendment for Skyline Ridge Open Space Preserve to the Board at the regular meeting of October 24, 2007, since it is not a part of the Coastal program. Prepared by: Matt Freeman, Planning Manager Contact person: Same as Above For Immediate Release Contact: Nina Nowak September 27, 2007 Director of Communications Phone: (650) 854-7696 nnowak@openspacetrust.org www.openspacetrust.org POST APPOINTS TWO NEW MEMBERS TO BOARD OF DIRECTORS (Palo Alto, Calif.) - The Peninsula Open Space Trust (POST) has appointed two new members, Brad O'Brien and Steve Blank, both of Menlo Park, to its Board of Directors. Brad O'Brien is senior partner in the real estate and environmental practice at Wilson Sonsini Goodrich & Rosati in Palo Alto. He teaches commercial leasing and recent developments in real estate for California Continuing Education of the Bar. He also serves as a director of the Eastside College Preparatory School in East Palo Alto and has done pro bono legal work for POST and other organizations, including Ronald McDonald House, Sempervirens Fund, Environmental Volunteers, Menlo School, Woodside High School Foundation, the Palo Alto History Museum and the Community School of Music and Art. O'Brien's association with POST began in 1991, when he became a donor to the nonprofit land trust. Over the years, his involvement has grown steadily, including hundreds of hours of pro bono legal work given to POST. He has helped craft numerous legal agreements for land acquisition projects at POST, including Rancho Corral de Tierra, north of Half Moon Bay, and Whaler's Cove and Lobitos Ridge, both south of Half Moon Bay. He has also tackled property sale and management agreements and was instrumental in negotiating the recent purchase of POST's headquarters at 222 High Street in Palo Alto. "My interest in being on POST's Board is to help expand POST's network, to reach out to the next generation, to serve as an example for others in the community," said O'Brien. "I believe in protecting local natural lands, especially in areas like ours where the development pressures on open space are so great." Steve Blank is a retired Silicon Valley entrepreneur who has co-founded several companies including E.piphany, MIPS Computers, Ardent and Rocket Science Games. He currently teaches entrepreneurship at the Stanford School of Engineering; Haas School of Business at the University of California, Berkeley; and the Columbia Business School. He serves on the California Coastal Commission, is on the National Audubon Society's board of directors, and is chair of the board of Audubon California. He sits on the boards of two Silicon Valley technology companies, CaféPress and IMVU. In addition to their home in Menlo Park, Blank and his wife, Alison Elliot, own a ranch on the coast near Pescadero adjacent to Año Nuevo State Reserve. In 2004, the couple made a generous $1 million gift to POST's "Saving the Endangered Coast" campaign through the Elliot- Blank Family Foundation. "It's fitting that POST was founded in the heart of Silicon Valley," said Blank. "Conservation has many faces, but POST is the quintessential definition of 'entrepreneurial conservation.' It's creative, agile and effective. As the conservation ethic has spread, POST has become a model for 21st-century land conservation, saving threatened properties that define our experience of California and the American West." "With Steve's entrepreneurial background and Brad's knowledge of the legal intricacies of land protection, POST is now, more than ever, equipped to broaden its conservation work," said POST President Audrey Rust. "Their business acumen, passion for the environment and commitment to POST will serve us well as we work to safeguard our most vulnerable open space lands." POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977, the organization has been responsible for saving nearly 60,000 acres as permanent open space and parkland in San Mateo, Santa Clara and Santa Cruz counties. MEMORANDUM To: Kenneth Nitz (President), Pete Siemens, Mary Davey, Nonette Hanko, Larry Hassett, Jed Cyr, Curt Riffle From: Carol L. Joyce, Ombudsperson Date: 9/18/2023 Re: 2007 Semi Annual Report During the first half of 2007, I was contacted several times with general inquiries or suggestions. All the inquiries were resolved by staff. Several inquiries highlighted the need for changes in procedures relating to how staff contacts me. I receive the bulk of inquiries via email. In May, a letter addressed to me was received at the District offices. There was a delay while the staff attempted to contact me to determine how to proceed. As a result, Annetta Spiegel advised staff that all mail addressed to me should be forwarded to my PO Box in Moss Beach. Similarly, I received an email request that could have been answered by staff in a timely manner; however, the sender was unaware that I was away on vacation and he needed to contact someone else. I am working with staff to activate the out of office message when I am unable to check for email messages. A summary of the inquiries I have received since January 2007 are set forth below: Copied on complaint to General Manager regarding parking ticket. Closed after response from Staff Suggestion regarding additional uses for Rancho San Antonio Acknowledged suggestions and Staff explained why some uses are prohibited to prevent conflicts. Suggestion for addition to website. Closed after Staff redirected the suggestion to POST Note of Thanks from hiker acknowledging return of wallet by park ranger. Forwarded to General Manager to include in personnel folder. Request for information regarding controlled burn Unable to answer in a timely fashion, taking steps to prevent future problems. Respectfully submitted, Carol L. Joyce Ombudsperson Midpeninsula Regional Open Space District cc: C. Britton, General Manager, MROSD October 5, 2007 Scott Wheeler Quixote Energy P.O. Box 22342 Carmel, CA 93922 RE: Proposed Oil and Gas Lease/redevelopment at La Honda Oil Field Dear Mr. Wheeler: I am in receipt of your letter of September 20, 2007 to Driscoll Ranches, LLC where you express an interest in further exploration for oil and gas production at the La Honda Oil Field, located within lands of the Midpeninsula Regional Open Space District. We are a public open space district with a primary mission of preserving a regional greenbelt of open space land in perpetuity, and protecting and restoring the natural environment. The District is uninterested in any program that might mar, contaminate, or otherwise disturb the surface of the land or natural environment thereon. I understand that the mineral resources within the District’s lands may now prove economically viable; however, the surface impacts associated with development of these resources would be unacceptable on the District’s land. Please feel free to contact me should you wish to discuss this further. Sincerely L. Craig Britton General Manager CB/KL:ct cc: Midpeninsula Regional Board of Directors Date: October 10, 2007 To: District Board Members From: Gordon Baillie Via: David Sanguinetti, Operations Manager; and L.Craig Britton, General Manager Subject: Possible Controlled Burn at Monte Bello Preserve As you may remember, you approved a controlled burn at the Monte Bello Preserve/Lori’s Stable area at your regular meeting of June 27 (see report R-07-69). Because of the logistics issues, it was decided by the City of Palo Alto Fire Department, which is the primary fire agency for this area, not hold the burn during the spring/early summer of this year. Now the issues have been resolved, and there is a possibility that the burn may be able to occur at the end of October, or early November of this year. We wanted to advise you of this, and to let you know that if the burn is a possibility then we will be notifying the neighbors who live in proximity to Monte Bello, Los Trancos, Coal Creek and Foothills Preserves, as well as those who have expressed an interest in activities in Monte Bello. We would also notify the media of the possibility of the burn. We are working with Resource Management Specialist Cindy Roessler to ensure that all of the mitigations in the Mitigated Negative Declaration which you approved would be met, and that there would be no adverse environmental impact. As always, a burn happening is contingent upon many conditions being met, and safety is always a primary concern. If it does look like there is a possible date, then we will advise you and would welcome your attendance. Please contact me if you have any questions.