HomeMy Public PortalAbout19960214 - Minutes - Board of Directors (BOD) Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-04
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
February 14, 1996
MINUTES
I. ROLL CALL
President Nonette Hanko called the meeting to order at 6:35 p.m.
Members Present Peter Siemens, Mary Davey, Teena. Henshaw, David Smernoff, Nonette
Hanko, Betsy Crowder, and Wim de Wit.
Members Absent: None.
Personnel Present: Craig Britton, Sue Schectman, and Jean Fiddes.
H. CLOSED SESSION
N. Hanko stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items la, lb, 2, and 3.
The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at
6:35 p.m. The Board adjourned the Special Meeting at 7:17 p.m. and N. Hanko called the
Regular Meeting to order at 7:30 p.m.
Additional Personnel Present: John Escobar, Malcolm Smith, George Sipel, Del Woods,
Julie McCullough, and Annette Coleman.
III. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, requested that agenda item 2, Adg9tio
of Resolution Opposing State Proposition 197 on the March Ballot, be removed from the
Consent Calendar.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com (9
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Meeting 96-04 Page 2-qF
IV. ADOPTION OF AGENDA
Motion: D. Smemoff moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7-0.
V. ADOPTION OF CONSENT CALENDAR
D. Smernoff requested that agenda item 3, Approval of Continuation of the Cattail
Management Program at Alpine Pond Involving Burning and Use of Herbicides an
Determination that the Program is Categorically Exempt under the California Environmental
Qualily Act Based on the Findings in the R=rt be removed from the Consent Calendar.
W. de Wit asked for clarification of claim 8743 to Sheryl Cochran. C. Britton replied she
was hired as a consultant to work on several projects including the Trail Plan for Fremont
Older Open Space Preserve.
Motion: B. Crowder moved that the Board adopt the Consent Calendar as amended,
including the minutes of January 24, 1996 Regular Meeting; responses to
written communications from Harry H. Haeussler, Jr., 1094 Highland Circle,
Los Altos, Richard Rawson and Barbara Eggleston, 141 Kit Carson Court,
Santa Clara, David Scholz, 1548 Klamath Drive, Sunnyvale, Ernest Barte,
18971 Fembrook Court, Saratoga, Jill Kilty Newburn, South Skyline
Equestrian Association c/o Vista Point Ranch, 12300 Skyline Boulevard, Los
Gatos, Shawn Storm, P. O. Box 2344, Menlo Park, Kevin Adams, 3340
Farthing Way, San Jose, Tom Wallace, 173 Hollywood Avenue, Santa Cruz,
Adam Cole, via E-mail: aCole@leland.stanford.edu and Chris Kilcoin, 3865
Page Mill Road, Los Altos Hills; agenda ftern 6, Authorized Signatories for
District Accounts and for Entering District Safe Deposit Boxes, including
Resolution No. 96-05 Establishing Financial Instrument Signatories of the
District for Santa Clara County Accounts, Resolution No. 96-06 Authorizing
Signing and Endorsing Checks and Other Instruments for Checking Account
(First Interstate Bank of California - Los Altos), Resolution No. 96-07,
Authorizing Signing of Payroll Checks for Payroll Checking Account (First
Interstate Bank of California - Los Altos), and Resolution No. 96-08
Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank
of California - Los Altos); and Revised Claims 96-03. P. Siemens seconded
the motion. The motion passed 7-0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 --Annual Informational Report on District's Staff Bike Patrol
Program (Report R-96njlk
A. Coleman reviewed the staff report and showed Board Members one of the bicycles
purchased for the program. In answer to T. Henshaw§ questions, A. Coleman stated
that the group that has been riding has been very supportive of the program, which
has been restricted to a smaller group because of the limited number of bicycles,
limitations in transporting the bicycles, and the cost in equipping riders with helmets
i
Meeting 96-04 Page 3 ,»
and other personal gear. She said they are working on program guidelines, and that
other than the purchase of bicycles, there is $100 worth of personal equipment for
each bike including helmet, gloves and shoes. T. Henshaw said the program is
something the Board has been interested in for some time and the response from the
public and staff is positive. She said she supports the program. P. Siemens echoed
that he supported the program expansion.
When asked about the interest of others in riding, A. Coleman said she had gotten a
positive response from 11 of the 12 rangers. She said she is hoping to train the rest
of the group and put a different group on for a year, then consider expanding the
program. She said she preferred the special assignment detail where she knew who
would be on the bicycle and taking care of it; the rangers have done an excellent job.
A. Coleman said they ride on all trails, not just those open to bicycles, and public
reaction to seeing rangers on bikes has been positive. She said it seemed inefficient
to have one bike ridden by three rangers; they have to adjusted for individuals. She
said she thought all the preserves had been patrolled except Ravenswood.
Regarding expansion of the program, J. Escobar said that one reason the number of
bikes is limited is so the employees in the program are riding frequently and keeping
up their skills, adding that the trails are not easy to ride. He reminded the Board that
there are other special programs that are ongoing and that expanding one program
takes staff hours away from others.
Motion: T. Henshaw moved that the Board consider expanding the bicycle
program in increments of four bikes over the next two years, the
increments to be up to the staff to resolve, and that at the end of two
years the program is double what it is now. B. Crowder seconded the
motion.
Discussion: S. Schectman suggested that, due to the fact that this item
was agendized as an information report only, the maker of the motion
amend it to state Board support and request a staff report with a
proposal to expand the program. The maker and seconder of the
motion agreed to the amendment.
N. Hanko asked about implications of the proposal as to impact on
staff, noting that as part of the guidelines for board/staff working
relations, the Board agreed that before projects that required additional
staff time were started there would be a report from staff on the impact
on the rest of the program.
Following discussion of bringing the matter back as part of the budget,
T. Henshaw and B. Crowder agreed that the motion be amended as
► Meeting 96-04 Page 4
follows: The Board approve that expansion of the Bike Patrol Program
be referred to the Budget Committee and that the staff report would be
oral. The motion passed 7 to 0.
Two of the rangers who ride in the program, Phil Hearin and Ken Miller, said this is
a good outreach program and they have seen strong support from the public.
B. Agenda Item No. 2 - Adoption of Resolution Q=sing State Proposition 197 on the,
March Ballot MgWrt R-96-11)
Harry Haeussler, Los Altos, stated his concerns about the Board opposing the
measure, noting that a few years ago the Department of Fish and Game ruled that
mountain lions could not be hunted and this apparently has come back to haunt them
because there have been loss of life and frightening experiences. He did not support
usurping the powers of the Department of Fish and Game.
N. Hanko said staff had interpreted the measure as perhaps allowing hunting on
District lands by the public and it was questionable if the Districti laws banning
firearms on District land would prevail over state laws.
W. de Wit stated that the Department of Fish and Game now has the right to "take
out" lions that become a nuisance or get to close to human habitation; for that reason
he would vote in favor of the resolution.
C. Britton said the real question has nothing to do with research and threat to
humans, but rather deals with trophy hunting. He said staff sees no scientific or
humanitarian reason to have hunting restarted.
Motion: B. Crowder moved that the Board adopt Resolution No. 96-09, a
Resolution of the Board of Directors of the Midpeninsula, Regional
Open Space District Opposing Proposition 197 on the March 26, 1996
Ballot. D. Smernoff seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 3 - Approval of Continuation of the Cattail Management Pro
at Alpine Pond Involving Burning and Use of Herbicides and Determinadon that the
Program is Categorically Exempt under the California Environmental Quality Act
Based on the Findings in the Report (J&cp= R-96-19)
D. Smernoff said the reason he removed this item from the Consent Calendar was
because of the herbicide control program. He said he had researched the herbicide
Rodeo and was convinced that this was a reasonable approach. He requested items
dealing with subjects like this should not be part of the consent calendar and said the
AO Meeting 96-04 Page 5
District might want to research this program and the grass management program and
have a policy about the handling of herbicides on District lands.
Motion: D. Smernoff moved that the Board approve continuation of the cattail
management program at Alpine Pond involving burning and use of
herbicides and determine that the program is categorically exempt
under the California Environmental Quality Act based on findings in
the staff report. P. Siemens seconded the motion. The motion passed
7 to 0.
D. Agenda Item No. 4 - Tentative Adoption of Five-Year Planning Work Program for
District Preserves and Facilities (Report R-96-22)
G. Sipel said the Planning Department is looking at how they do business, and they
are trying to provide a quality product, on time and within the budget. He said they
have generally over-committed and found they are not able to accomplish all the
things in the budget, and they have embarked on a five part program to change how
they do business, including:
Revamping the Work Planning, capital improvement, site emphasis and budget
process:
• Broaden input into the work planning process.
• Improve estimating and scoping project.
• Improve project execution.
• Streamline the way we do projects.
Mr. Sipel said that about half of the 55 projects in the budget had been completed.
He cited reasons for this including over-commitment initially, staff vacancies, and
new staff people in a learning mode. He said what they hope to do over a period of
time is to be more realistic about what can be accomplished and trouble shoot projects
to identify some of the problems that will be faced.
D. Woods said in this year§ report all minor projects have been grouped together.
He described the following 14 major projects:
1. Windy Hill Parking Lot
2. Skyline Field Offices
3. Weeks Road Repair
4. Skyline Nature Center
5. Teague Hill Disposition
Meeting 96-04 Page 6
6. Homestead House Restoration
7. Prospect Road Parking Lot
8. Air Base Demo (asbestos removal)
9. Faler Cleanup
10. Limekiln Canyon Parking
11. Pistol Range Restoration
12. Skyline Restroom (Windy Hill)
13. Dam Spillway Restoration
14. El Corte De Madera Trails
In regard to air base demolition and sale of surplus property there, C. Britton said
the only valuable commodity is the generator and the real problem is that asbestos
pervades the entire site. He said staff is aware that the Federal government took care
of the asbestos problem at a similar site at Mt. Tamalpais and have put together a
study and plan for removal to try to get them to take care of it at this site.
D. Woods described trail projects for the coming year including El Corte de Madera,
Seven Springs Road (or Hayfield Trail), Seven Springs Trail, Fern and Toyon Trails,
Ridge Trail at Long Ridge, and Bald Knob Trail.
Regarding the previous format of site emphasis, D. Woods said this document does
not adopt implementation of projects, but looks at providing funding assuming that the
ones that are not adopted will be adopted in the future. He said no project will go
ahead until they become part of the Use and Management Plan and are adopted by the
Board, except for minor adjustments.
N. Hanko stated the Use and Management plan is the one the public sees and is their
opportunity for input more than the budget process. C. Britton stressed that no
project would be built that had not come to the Board even if it is budgeted.
In answer to N. Hanko§ questions about the pie charts used during presentations to
depict capital improvements budget and expenditures, M. Smith said they are very
generalized and show what has actually been spent.
C. Britton said it is staff§ plan that the charts presented at this meeting will
permanently replace site emphasis. Staff will be coming to the Board in September
at which time they can compare previous years, projects added, projects completed,
total project cost and project description. He said he thought they would find it a
much better document.
I
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Meeting 96-04 Page 7
N. Hanko suggested that next year the Board receive the expanded version of the
chart. In response to B. Crowder§ questions about the heading on Chart B referring
to additional tasks by year§ end, staff clarified that it meant fiscal year end.
P. Siemens suggested that some of the databases be combined. D. Wood said it has
been discussed but it is difficult to keep them up to date. Staff is not prepared to put
trail inventory into a database yet because it would be too difficult to maintain.
N. Hanko recognized staff members for their contributions to the process.
Motion: M. Davey moved that the board tentatively adopt the Five-Year
Planning Work Program for District Preserves and Facilities. T.
Henshaw seconded the motion. The motion passed 7 to 0.
E. Agenda Item No. 5 - Tentative Adoption of Preliminary 1996-1997 Action Plan for
(_Men_ Snare Planning andQperation Programs fflgport R-96-211
C. Britton answered questions about the omission of "formulation of historical and
cultural resources" contained in Planning's Action Plan last year. He said this stems
from a project B. Crowder was going to work on. N. Hanko requested that B.
Crowder put together an agenda item on this project to inform the Board about what
she would like to do and to give the Board a chance to discuss it.
Under Regional and Long-Term Planning Subprogram, items 2 and 3, B. Crowder
requested information regarding multiple uses. C. Britton stated that staff wants to
review the process including policies and guidelines for trails and come back with
recommended revisions to streamline them before the Board makes a decision
regarding multiple uses.
J. Escobar, reviewing the Operations Action Plan, reported that this year for the first
time, staff resources show seasonal hours as hours instead of positions; this year
5,000 more regular hours are proposed. The 1500 special project hours shown go
with the El Corte de Madera trail building project.
J. Escobar answered questions about the lack of changes in key projects. He said
substantial work has been done on the operations manual but it is far from being
finished. Efforts have been focused on enforcement rules and regulations for staff.
He said that there is a draft but as the District changes, the draft becomes more
complicated.
Meeting 96-04 Page 8
Discussion followed regarding special uses and training volunteers to supervise
projects. Staff referred to Item 6 under Other Projects and Activities of the Volunteer
and Docent Subprogram. J. Escobar said they may hire outside help but have staff
resources; the volunteer and docent coordinator can handle a lot of it.
P. Siemens suggested the wording regarding the bike patrol be modified to discuss
the issue of expanding. T. Henshaw said the bike patrol is included under item G.
Motion: B. Crowder moved that the Board tentatively adopt the Preliminary
1996-1997 Action Plan for Open Space Planning and Operation
Programs. T. Henshaw seconded the motion. The motion passed 7 to
0.
F. Agenda Item No. 7 - Continued Discussion - Board Meeting Procedures* Board-Staff
Working Guidelines (R=rt R-96-20)
Following discussion of the proposed Guideline 9, consensus was that it should read,
"Any Board member may advise the General Manager when he or she feels staff is
attempting to direct or set Board policy."
C. Britton informed the Board the wording of the procedure regarding presentations
on agenda items had been changed because anyone can make a presentation. N.
Hanko suggested adding "and staff" to item 2 after "Board" as she felt staff should be
allowed to ask questions.
S. Schectman reported on her reasons for not removing the lined-out wording
regarding announcing that public comment is closed. She said it is not mandatory for
legal reasons but she suggested leaving it in because there will be hearings in which it
is important. She thought it might be easier to have a uniform procedure that is
applicable to any situation. By consensus the Board agreed not to insert the lined-out
wording; legal counsel stated that she would advise the Board when she thinks they
should state that the public comment period is over.
Under Board Conduct and Deliberations, in regard to the phrase "the presiding officer
may or shall require individual Board . . . ", it was agreed it was up to the purview
of the President. C. Britton said the following procedure states that the Chair will
recognize by name and identify the makers of motions and seconds. He suggested
changing the second sentence of guideline 8 to conform with 9 so it will read, "The
General Manger will advise Board Members when he or she feels that any Board
Member is attempting to direct the administration of the District."
Meeting 96-04 Page 9
Motion: P. Siemens moved that the Board adopt the Guidelines for Board-Staff
Working Relationships and Board Meeting Procedures as amended. M.
Davey seconded the motion. The motion passed 7 to 0.
G. Agenda Item No. S - Avnroval of Settlement Agreement with Public Employees'
Retirement System in the Matter of PERS vs Grench and the District Regarding
Retirement Benefi and Authorize the Allocation of$41,551 from the District's
PERS SurplusAsset Account -- rt R- -1
Motion: P. Siemens moved that the Board approve the Settlement Agreement
with Public Employees' Retirement System as recommended by staff.
T. Henshaw seconded the motion.
Discussion: N. Hanko thanked staff for their work in resolving this
matter. S. Schectman briefly described the settlement agreement with
PERS. The motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
B. Crowder said the Use and Management Committee met with the El Corte de Madera
Task Force to discuss a recommended trails plan for El Corte de Madera Open Space
Preserve. The meeting was attended by between 45-50 mountain bicyclists. The matter will
come back to the Use and Management Committee in April. Staff will arrange a tour for
interested Board members to tour the preserve.
M. Davey stated that she and staff had met with a group of citizens at Fremont Older Open
Space Preserve to discuss the trail system and use of trail system and roads by bikes. She
complimented staff members whom she said did an extremely good job of listening and
carefully recording ideas. She said she and C. Britton and P. Siemens met with the Peninsula
Open Space Trust Board of Directors to discuss the purchase of land along the Skyline, and
it was a very satisfactory exchange of information.
N. Hanko said she, P. Siemens, and T. Henshaw met with the Portola Park Heights group to
discuss the trail crossing and liability issues. She said legal counsel will draw up an
agreement and there will be at least one more meeting with the group.
T. Henshaw stated that on February 22 a group of 3rd and 4th graders from her school will
be the first group to tour Daniels Center. She invited other Board members to join the
group.
W. de Wit discussed the Use and Management Committee meeting on El Corte de Madera
Open Space Plan.
Meeting 46-04 Page 10
C. Britton showed the Board copies of eight hazard mitigation grants the Board had approved
on January 24 and which were submitted by staff six days later by the deadline of February
1. Board members congratulated staff on the grant work.
C. Britton referred to the list of enterprise leases and tenants included for Board information
per their request last meeting. He also announced that Chris Saenger, the caretaker at Mt.
Umunhum, had recently passed away.
C. Britton said the first check from FEMA for storm damages in the amount of$1,400 has
been received; this was for damages repaired on Portola Park Heights Road and Upper
Purisima Road. He said it will take about two years to get all the reimbursement, with this
as the first installment.
C. Britton said he had met Monday with the arbitrator on the Sheldon Road matter and an
agreement should be hammered out within a month.
C. Britton reported that he had talked with Barbara Rice of the Ridge Trail Council
regarding the Board§ representation, noting she encouraged Board participation. He said
attendance is now compensabee, and M. Davey could report on other committee meetings she
attends as to whether she should be compensated for attendance at them.
S. Schectman said she had met with Saratoga Country Club representatives regarding the golf
ball situation at Fremont Older Open Space Preserve and hopes to have a proposal soon.
VIE . ADJOURNMENT
N. Hanko adjourned the meeting at 10:03 P.M.
Roberta Wolfe
Recording Secretary