HomeMy Public PortalAbout19970312 - Minutes - Board of Directors (BOD) Regional Open SgFe
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-07
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
March 12, 1997
MINUTES
I. ROLL CALL
President Mary Davey called the Special Meeting to order at 6:30 P.M.
Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, Pete
Siemens, and Nonette Hanko.
Personnel Present: Sue Schectman, Jean Fiddes, John Escobar, and Deirdre Dolan.
H. CLOSED SESSION
M. Davey stated the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items 1 and 3.
The Board recessed to Closed Session at 6:32 P.M. and the Closed Session commenced at
6:32 P.M. The Board concluded the Closed Session at 7:10 P.M. and M. Davey called the
Regular Meeting to order at 7:30 P.M. M. Davey said the Board had had a Special Meeting
to discuss Closed Session Agenda Items 1 and 3, adding that no action was taken.
Additional Personnel Present: Mary de Beauvieres, Malcolm Smith, Mike Foster, Randy
Anderson, Mike Williams, Del Woods, and Carleen Bruins.
ffi. ORAL COM:MWCATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, asked that Board members speak into
their microphones during meetings.
IV ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. B. Crowder seconded the
motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALENDAR
B. Crowder removed Agenda Item 1 and J. Fiddes removed Agenda Item 6.
Motion: N. Hanko moved that the Board adopt the Consent Calendar, including
minutes of the February 26, 1997 Special and Regular Meeting and the March
5, 1997, Special Meeting; Agenda Item 3, Tentative Adoption of the
Proposed Amendments to the District's Public Notification Polite; Agenda
Item 4, Denial of Claim for Pro2gM Damage Filed by Richard J. Bourke:
Agenda Item 5, AAd ption of Resolution Authorizing the California Public
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org Web site:www.openspace.org k
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craip Britton
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Meeting 97-07 Page 2
Employees' Retirement System Pre-tax Payroll Deduction Plan for Service
Credit Purchases including adoption of Resolution No. 97-08, a Resolution of
the Board of Directors of the MidRoinsula Regional Q= S2= District
Authorizing California Public Employees' Retirement System Pre--Tax Payroll
Deduction Plan for Service Credit Purchases (Contribution Code-L4_L-Agenda
Item 12, Appointment of Grant Thornton as the District's Auditors for the
Fiscal Year 1996-1997 at Estimated Fee of$9.300...and Revised Claims 97-06.
D. Smemoff seconded the motion. The motion passed 7 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 - Tentative Adoption of Use and Management Plan Amendment
for S41ine Ridge QMn Space Preserve to Construct Picnic Area for School G=Rs
Participafing in the Environmental Education Program at the David C. Daniels Nature
Center at Estimated Cost of $3.500 and Determination Project is Categorically
Exempt Under CEQA - (Rmrt R-97-32)
B. Crowder said she had no problem with installing the picnic tables, but would like
an accounting sheet included in the packet each time there is additional spending for
the Daniels Nature Center showing the total cost to the Nature Center to date from
District funds and from gifts and grants.
M. de Beauvieres presented an updated cost accounting and said the picnic tables are
not exclusively for the Nature Center Program. She said the accounting does not
include staff time. Staff will provide Board members with a printout of the report.
B. Crowder stated for the record that she was not questioning the costs because she is
not in favor of education, but has felt from the beginning of the program that it is not
the District's responsibility.
C. Bruins informed the Board that the spring program had started and it is already
filled. Fourteen trained volunteers will be doing programs for 21 schools.
N. Hanko thanked staff for their work on the program.
Motion: B. Crowder moved that the Board determine that the proposed project
is categorically exempt from the California Environmental Quality Act
(CEQA) based on the findings contained in the staff report, and
tentatively adopt an amendment to the Use and Management Plan for
Skyline Ridge Open Space Preserve to allow construction of a free-
standing covered picnic area for school groups participating in the
environmental education program at the David C. Daniels Nature
Center. P. Siemens seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2 - Ag=tance of Report on the District's 1995-1996 Legislative
Program and Adoption of 1997-1998 Legislative Program - Mogn R-97-31)
M. Smith outlined the program, stating that efforts in support of SB 1408 (Sher,
defining Bay Area Program within the State Coastal Conservancy) and AB 1366
(Lempert, transfer of easement rights for California Hiking and Riding Trail Program)
Meeting 97-07 Page 3
would take a significant amount of staff time.
J. Cyr asked about the term "adverse possession" which appeared in Goal 11 last year
and Goal 12 this year.
S. Schectman explained adverse possession, stating it is a technical property rights
issue.
On behalf of the Legislative and Finance Committee, N. Hanko said they had
reviewed the report and given approval to staff s proposal.
In regard to this year's Goal 5, M. Smith said that it will probably have no effect on
the parts of the trail that are blocked. San Mateo County Parks and the District are
selectively choosing which segments of the trail easements they would seek to
acquire. They will also be asking for funding to implement those trails as part of the
legislation. He said unless there is a very clear easement that has been documented,
they would not try to acquire it. He said staff will check to see if the segment in
Skylonda B. Crowder referred to is one they might want to acquire.
In answer to H. Haeussler's question about who will pay for maintenance of trails
acquired, M. Smith repeated that the legislation includes a request for state funding
in the amount of$500,000 each for the District and the County. He said the District
would take over management of the segments that are within District preserves.
In regard to Goal 4, M. Smith said they are working with Sen. Thompson to get more
money into the parks bond measure that would go into the Coastal Conservancy,
earmarked for the Bay Area. The District could then seek grants from the Bay Area
program within the Coastal Conservancy.
M. Smith stated that in regard to federal Goal 3, the District is in the middle of
finalizing the estimate on removal of the asbestos and lead-based paint and will be
seeking initial information from federal legislators on how to proceed with this.
Motion: P. Siemens moved that the Board accept the 1995-1996 legislative
program report and adopt the 1997-1998 legislative program. J. Cyr
1 seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 6 - Authorization to Contract with Eugene R. Sheehan for
$24,200 to Construct the Prospect Road Bypass Trail at Fremont Older Open S
Preserve and Phase H Trail Improvements at El Corte de Madera Creek Open Spg�&
Preserve - (Report R-97-23)
M. de Beauvieres pointed out that line four of Item (7)(a) on page 2 of the contract
should be modified to read $500,000 (instead of one million dollars) for automobile
liability insurance.
Motion: D. Smernoff moved that the Board authorize the General Manager to
enter into a contract with Eugene R. Sheehan for $24,000 to construct
the Prospect Road Bypass Trail at Fremont Older Open Space Preser4n.
and Phase H trail improvements at El Corte de Madera Creek Open
Meeting 97-07 Page 4
Space Preserve, with Item (7)(a) of the contract, first sentence,
amended to change the amount of the automobile liability insurance
from one million dollars to five hundred thousand dollars. B. Crowder
seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 7 - Authorization to Interview Prospective Consulting Firms to
Provide Civil Engineer Services on Selected Budgeted Capital Improvement Projects
During the 1997-1998 Fiscal Year - (R=rt R-97-32)
R. Anderson reviewed staff's recommendation.
Motion: P. Siemens moved that the Board authorize staff to interview
prospective consultant firms to provide civil engineering services on
selected budgeted capital improvement projects during the 1997-1998
fiscal year. B. Crowder seconded the motion. The motion passed 7 to
0.
E. Agenda Item No. 8 - Tentative Approval of Use and Management Plan Amendment
for pUlega Ridge Q= S2g= Preserve. Authorization to Enter into a Communications
Site Lease and Agreement with Sprint Spectrum, a Limited E=ership for a
Telecommunications Facility Placed on an Existing Pacific Gas and Electric
Transmission Tower and Determination Project is Categorically Exempt Under CE-QA
- (Rog-4 R-97-38)
M. Williams outlined staff's recommendation, showed slides of the tower from
several viewpoints, and described the size of the cabinets and antennae. He described
the terms of the lease, and said he thinks the rent the District will receive is at the top
of the range of what other agencies are getting. He said the lessees are responsible
for maintenance.
M otion: P. Siemens moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA) as set forth in the staff report, tentatively adopt
the amendment to the Pulgas Ridge Open Space Preserve Use and
Management Plan contained in the report to permit a telecommunication
facility to be placed on an existing Pacific Gas and Electric
transmission tower, and indicate their intention to enter into a
Communication Site Lease and Agreement with Sprint Spectrum, a
Limited Partnership, for a telecommunications facility at Pulgas Ridge
Open Space Preserve and return to the Board for final action. B.
Crowder seconded the motion.
Discussion: K. Nitz said it appeared that the lease agreement was very
thorough and had been carefully drawn for maximum protection to the
District.
M. Williams thanked S. Schectman who had modeled the new lease
agreement. He said the matter will come back to the Board April 9 for
its second reading.
Meeting 97-07 Page 5
The motion passed 7 to 0.
F. Agenda Item No. 9 - Approval for the Conceptual Design Revisions for 50-Car
Parking Area for Windy Hill Open Space Preserve and Authorization for Staff to
Proceed with the Town of Portola Valley's Site Development Permit Process for the
Development of the Parking Area - (Report R-97-34)
M. de Beauvieres reviewed the staff report and showed a transparency of the planned
layout of roads, access, and the parking lot. She pointed out the walnut trees on the
site and said they will remain. She said there will be two District gates and showed
their tentative locations. The Sequoias will have gate keys in case of emergencies.
M. de Beauvieres said there had been a $75,000 increase in terms of cost because of
required changes to the plan; however, of that amount, inflation accounts for $31,000.
She said this design allows the meadow to remain intact. There is grant funding for
the project until June 30, 1998 and in the past, the District has been able to get a one
year extension. Staff will proceed with the site development permit process through
the Town of Portola Valley and hopes to able to construct the improvements by late
summer or early fall. She said the grant is a Land and Water Conservation Fund
grant.
B. Crowder complimented M. de Beauvieres for her work on this project over the
years.
M. de Beauvieres showed how the public would enter the preserve and what measures
might be used to prevent parking on the private property.
H. Haeussler said he was concerned about the location of the entrance to the lot
because it is on a curve and the visibility is poor, adding it is a dangerous situation.
M. de Beauvieres said staff has had a traffic engineer look at the entrance and work
with the Town traffic engineer to ensure the entrance meets safety requirements.
In answer to Mr. Haeussler's question, M. de Beauvieres pointed out where the trails
currently go out of the parking lot, including the equestrian trail.
Motion: P. Siemens moved that the Board approve the conceptual design
revisions for a 50-car parking area to serve the Windy Hill Open Space
Preserve and authorize staff to proceed with the Town of Portola
Valley's Site Development Permit Process for the development of the
parking area. N. Hanko seconded the motion. The motion passed 7 tr,)
0.
G. Agenda Item No. 10 - Tentative Adoption of 1996-1997 Action Plan for the
Implementation of the Basic Policy of the Midveninsula Regional Q= Space District
_M=rt R-97-30)
J. Fiddes said the Board had reviewed the Action Plan on February 12 and the
changes proposed then and during the review by the Administration and Budget
Committee have been made to the document.
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Meeting 97-07 46 % Page 6
Motion: J. Cyr moved that the Board tentatively adopt the Action Plan for the
Implementation of the Basic Policy of the Midpeninsula Regional Open
Space District for the 1997-1998 Fiscal Year, with the Action Plan to
be presented to the Board for final approval at the March 26 meeting.
N. Hanko seconded the motion. The motion passed 7 to 0.
H. Agenda Item No. 11 - Presentation of Budget for Fiscal Year 1997-1998 - (R=rt R-
97-35)
(a) Controller's Report - (Report R-97-39)
M. Foster summarized the current fiscal year, stating the total revenue was about
10% over budget, including $600,000 for the Thornewood property and $600,000
from additional tax revenue. The actual tax revenue for the assessed valuation was up
3.8% this tax year versus 2.4% the prior year. There was $250,000 more interest
income because of the record low level of land acquisition this fiscal year.
Operational spending and capital improvement spending were about 90% of budget.
He said extremely favorable financing in 1996 saved the District about $12 million
cash over the next five years. He said there is an estimated $13.7 million available
cash as the District enters the next fiscal year.
M. Foster summarized the staff report on the proposed budget for fiscal year 1997-
1998, noting the figures for operating expense do not include capital or facility
improvements.
In answer to N. Hanko's question regarding the increase in operating expenses, J.
Fiddes said the primary reason for the increase is that staff recommended and the
Board approved additional staff positions during the past year. M. Foster added that
the visitors' map and some unusual legal expenses in the proposed budget increased
the operating expense.
P. Siemens said the budget is running at almost the 6% guideline, even with
additional staff. He added that the Administration and Budget Committee will
recommend that they look at projecting the guideline over the next three years.
(b) Staff Report (R-97-35)
J. Fiddes emphasized that the proposed budget does not include potential salary or
benefit increases.
Qpg—n Space Acquisition Program: M. Williams reported that the increase in the
Acquisition Program is a result of the District's recent financing. In regard to the
Enterprise Subprogram, he said the 25% increase is primarily due to the increase in
insurance premiums.
Planning Program: D. Woods summarized that the operating expenses for the
Planning Program will be down for the coming year, associated with the decrease in
salaries and contract services, and the CEP budget will continue to be below the
guideline of$600,000 1996-1997 and 1997-1998 are considered together.
Page 7
D. Woods said that this year the District will probably receive about $79,000 in
grants and next year about $238,000 for development projects which are budgeted.
Qperations Programs: J. Escobar highlighted that two new open space technician
positions are requested in this year's, budget. In regard to fixed assets, a major
request is for purchase of a trail dozer. The use of the machine can be structured
over the next two years to offset some of the grant costs for the El Corte de Madera
Open Space Preserve trail project.
Public Affairs Proararn: M. Smith reported that the program budget increase was due
to the inclusion of the Visitor Services Subprogram and the planned printing and
mailing of 300,000 visitor maps. Three newsletters and the annual report are mailed
at the rate of 20,000 per quarter. The new map will be sent out over a 6-10 week
period, probably in the late summer or early fall.
Administration Program: J. Fiddes pointed out that included in the salary and benefit
category are those for the Board appointees, as well as the General Manager
appointees. She discussed the performance awards, stating that the proposal includes
making it a meritorious service award rather than salary incentive award, and carrying
forward $25,000 for the current year into 1997-1998.
J. Fiddes stated that no Board action is required at this time and final action will be
scheduled for the March 26 meeting.
VIE . INFORMATIONAL REPORTS
B. Crowder observed that there was nothing in the clippings about the Santa Clara County
supervisor election. She was informed that supervisors are elected by District and one of the
candidates was in P. Siemen's ward.
J. Escobar said staff will be starting the training of 22 volunteers for the trail patrol on
March 20.
VIII. ADJOURNMENT
The meeting was adjourned at 9:12 p.m.
Roberta Wolfe
Recording Secretary
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