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HomeMy Public PortalAbout19970326 - Minutes - Board of Directors (BOD) Regional Open . Ice 1 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS March 26, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:51 P.M. Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens, and Nonette Hanko. Personnel Present: Craig Britton, Jean Fiddes, Sue Schectman, John Escobar, and Mike Williams. II. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:51 P.M. and the Closed Session commenced at 6:53 P.M. The Board concluded the Closed Session at 7:29 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 2, adding that no action was taken. Additional Personnel Present: Del Woods, Deirdre Dolan, Randy Anderson, Jodi Isaacs, and Malcolm Smith. III. ORAL COMMUNICATIONS Richard Bourke, P. O. Box 7207, San Jose, said that he disagreed with a comment he had heard regarding the Republican party at the last Board meeting and thought it lacked diplomacy. IV. ADOPTION OF AGENDA C. Britton asked that the Board add a Special Order of the Day to the agenda. Motion: J. Cyr moved that the Board adopt the agenda as amended. D. Smernoff seconded the motion. The motion passed 7 to 0. V. SPECIAL ORDER OF THE DAY President Mary Davey read a resolution honoring Jean Fiddes on her retirement from the District after 17 years of service. 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 J Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton Meeting 97-08 Page 2 Motion: P. Siemens moved that the Board approve Resolution 97-09 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring Jean Fiddes on Her Retirement from the District After 17 Years of Service. N. Hanko seconded the motion. The motion passed 7 to 0. J. Fiddes said the District is at an exciting time and is in great hands. She thanked Board and staff members. VI. ADOPTION OF CONSENT CALENDAR N. Hanko removed agenda item 14 Approval of Conservation Easement Monitoring Agreement and Authorization for the General Manner to Execute an Easement Monitoring Agreement Between the District and Peninsula Open Space Trust and B. Crowder removed agenda item 1 Adoption of Resolution Supporting Senate Bill 1048 to Fully Define the Bay Area Program of the California Coastal Conservancy; agenda item 2 Adoption of Resolution SuMrting a Ten Million Dollar ($10.000.000) Federal Appropriation from the Land and Water Conservation Fund to Assist With the Acquisition Cost of Bair Island by Peninsula QMn Space Trust; and agenda item 10 Approval of Annual Claims List. Including Debt Service Payments, for 1997-1998 Fiscal Year. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes of the March 12, 1997 Special and Regular Meeting; response to a written communication from Mr. Richard Bourke, P. O. Box 7207, San Jose; and Revised Claims 97-07. K. Nitz seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Adoption of Resolution Supporting Senate Bill 1048 to Fully Define the Bay Area Program of the California Coastal Conservancy - (Report R-97- 41). B. Crowder stated that the bill is crucial to the District's future and that of other park and open space agencies in the Bay Area. She suggested that the Board also support SB 2, AB 1000, and SB 87. C. Britton stated that staff is following this legislation. B. Crowder said that Planning and Conservation League had asked the District to write to legislators regarding the three bills. Motion: N. Hanko moved that the Board adopt Resolution No. 97-10, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Senate Bill 1048, to Fully Define the Bay Area Program of the California Coastal Conservancy. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-08 Page 3 i i I. B. Agenda Item No. 2 - Adoption of Resolution Supportng a Ten Million Dollar ($10.000,000) Federal Appropriation from the Land and Water Conservation Fund to Assist With the Acquisition of Bair Island by Peninsula Open Space Trust - (RQgrt R- 7-42). i B. Crowder said there had been an unfortunate letter sent to Congress by a San Mateo County supervisor on the Bair Island project. She said this is a good resolution and reinforces the District's support for this important action. Motion: B. Crowder moved that the Board adopt Resolution No. 97-11, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting a Ten Million Dollar ($10,000,000) Federal Appropriation From the Land and Water Conservation Fund to Assist With the Acquisition Cost of Bair Island by Peninsula Open Space Trust. D. Smernoff seconded the motion. I The motion passed 7 to 0. C. Agenda Item No. 3 - Adoption of One-Year Planning Work Program for District Preserves and Facilities - (Report R-97-40). D. Woods noted that, in response to the Board's request, if a project would be referred to a Board committee in the coming year, staff had referenced that on the charts. He said two resource management projects had been inadvertently left off the list: 1. Implementing part of the invasive exotic plant removal program and 2. Pig management assessment program under Long Range Planning. 1 valuable to the District h thought a task that would be m rnoff commented that e D. S e g i would be to develop an internal e-mail capability. D. Woods said software has been purchased, but hardware is needed. Motion: B. Crowder moved that the Board adopt the Planning Work Program for District Preserves and Facilities. J. Cyr seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4 - Adoption of the 1997-1998 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District - (RLport R-97- 441. C. Britton said there were no changes. Motion: N. Hanko moved that the Board adopt the 1997-1998 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-08 Page 4 E. Agenda Item No. 5 - Approval of Three-Year Memorandum of Agreement Between the District and Local 715. Service Employees International Union. AFL-CIO/CLC for District's Raneers. Open Space Technicians, Lead QKn Space Technicians, Equipment Mechanic-Operators. and Farm Maintenance Workers - ffl=grt R-97-49). S. Schectman noted that the new contract allows for implementation of the 2% at 55 retirement plan. She said three studies will be done during next three years: 1. Compensation survey, perhaps of all classifications, to study the relevant labor market and comparable positions for salary setting purposes. 2. Discipline, grievance, evaluation, and internal investigation policies. 3. Review of the Operations Program looking at all service and programs that Operations provides. Beth Winters, Senior Field Representative for SEIU Local 715, acknowledged the work of the management team, the union negotiating team, and the Board for their parts in the process. M. Davey thanked the teams. N. Hanko commented that this negotiation seemed to be the most professionally handled and both sides had the District's interests at heart. She asked Ms. Winters to pass along her comments to the negotiating team. J. Cyr commented that this was very complex negotiation, with lots of give and take and commended the participants. Motion: P. Siemens moved that the Board adopt Resolution No. 97-12, a Resolution Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715 Service Employees International Union, AFL-CIO/CLC. K. Nitz seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 6 - Approval of 1997-1998 Salary and Benefit Adjustments for Office. Supervisory, and Management Staff - M=rt R-97-53). C. Britton described the information in the report and said staff would be returning with some additional changes in the personnel policies regarding some minor amendments, such as the dependent care program. Motion: J. Cyr moved that the Board approve the 1997-1998 salary pay plan that includes a 3 point (3%) cost of living adjustment (COLA) for the District's office, supervisory, and management classifications effective April 1, 1997; and initiate contract amendment procedures with the California Public Employees' Retirement System (PERS) to provide the local miscellaneous 2% at 55 retirement plan formula by June 30, 1997. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-08 Page 5 G. Agenda Item No. 7 - Approval of Prq r y Management Agreements with City of Palo Alto for District Lands Adjacent to Foothills Park and City Lands Adjacent to Monte Bello QZn Space Preserve; Tentative Adoption of the Preliminazy Use and Management Plan: and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CMA) - (E=rt R-97-46), i C. Britton said he had been working on the project for twenty years and the ultimate i goal is exchange of the properties. He pointed out the two properties on a map. D. Woods showed slides of the properties and said the preliminary Use and Management Plan recommends that the property remain open to the public and to formally designate the Adobe Creek Trail and Monte Bello Road for use by hikers, equestrians, and bicyclists. He said a new section in the report is on public notification, and it points out who was notified about this action. He said there had been no response to the notification. N. Hanko talked about the historyof the two pieces of property. She asked staff if P P PertY i l n under these preliminary recommendations there was a logical place for a bench � honor of Stan Norton s work for both the City of Palo Alto and the District. D. Woods said he would like to address the matter with field staff. C. Britton said they could do a scouting trip at the bench site and it would come back to the Legislative, Finance, and Public Affairs Committee for discussion. P. Siemens asked if the wording in the agreement meant Palo Alto would exclude everyone but City residents which is the policy in their parks. i C. Britton said they are aware it is supposed to be open to the public since it was purchased with grant funds. He pointed out the section in this report on public notification and said staff will be trying different things to see what works in order to come up with a process that is a sure fire method of notifying people. Motion: N. Hanko moved that the Board authorize the President of the Board of Directors to sign the property management agreements with City of Palo Alto for District lands adjacent to Foothills Park and City lands adjacent to Monte Bello Open Space Preserve; tentatively adopt the Preliminary Use and Management Plan recommendations contained ir, the staff report; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act a.. set out in the staff report. B. Crowder seconded the motion. Discussion: Michael Marshall said he had seen a no trespassing sign on the gates along Page Mill that enter into Foothill Park. N. Hanko said she did not know of anyone being prosecuted and the Council does not approve of such action. I I I Meeting 97-08 Page 6 i i The motion passed 7 to 0. H. Agenda Item No. 8 - Act, j�tance of 1997-1998 Insurance Premiums for District's Propepppp�r y and General Liability, Umbrella Liability, Automobile, Fidelity Bond, and Public Entity Errors and Omission Insurance Coveraee - (L?'Qort R-97-50). J. Fiddes presented staff.s recommendations and said the policy is renewed annually. S. Schectman said this was an atypical increase in the general liability premium caused by the unusual amount of claims last fiscal year. J. Fiddes said the insurance premiums are reflected in the budget. Skip McIntyre of Flinn, Gray & Heterich said the District's past record had been used to keep costs under control, but there are some issues that need to be addressed to keep it that way. Motion: P. Siemens moved that the Board accept the package (property and general liability), auto, umbrella liability, and fidelity bond insurance coverage bid totalling $156,243 from Flinn, Gray & Herterich based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund Insurance, and Chubb for the period of April 1, 1997 through March 31, 1998 and authorized District Legal Counsel and the General Manager to review the public entity errors and omission policy to be submitted by Flinn, Gray & Herterich and to approve the policy at a premium not to exceed $10,000 on behalf of the Board. K. Nitz seconded the motion. The motion passed 7 to 0. I. Agenda Item No. 9 - Annroval of Budget for Fiscal Year 1997-1998. (a) Administration and Budget Committee Report - (R rt R-97-52), P. Siemens outlined the report and passed out a chart which he said was a better way of visualizing the guidelines, actual expenditures, and budgeted amount. Actual income growth and projected income will be on an overlay to the chart. D. Smernoff said this kind of graphic would be very useful. (b) Staff Report - M ,jriort R-97-51),, C. Britton said there were no major changes in the Budget since the last meeting except that salary adjustments are included. Also included is hiring an interpretive aide for 12 hours a week for a total cost of about $4,000. He said there needs to be discussion with the Administration and Budget Committee about the 6% target operating guideline. I t Meeting 97-08 Page P. Siemens referred to the chart which showed all costs including the cost-of- living and the one-time expenditures, including mailing of the map. He said M. Foster suggested figuring out a way to amortize one time expenses. Motion: J. Cyr moved that the Board accept the Administration and Budget Committee's recommendations to accept the proposed 1997-1998 carry budget; over the unused 1996-1997 authorized g � salary incentive award amount of$25,000; direct the ad hoc General Manager Evaluation Committee to initiate a salary review and evaluation for the Board appointees General PPo � Manager, Legal Counsel, Controller); review the 1996-1997 actual versus budgeted expenditures after completion of the 1996-1997 audit; and review the 1997-1998 budget and expenditure status mid-way through the fiscal year, and meet with the Controller for a review of the District's financial status. K. Nitz seconded the motion. The motion passed 7 to 0. Motion: P. Siemens moved that the Board approve the filling of the two new Open Space Technician positions in the Operations Program; approve the creation and filling of the Seasonal Interpretive Aide position for the David C. Daniels Nature Center in the Public Affairs Program; and adopt Resolution No. 13, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1997-1998. D. Smernoff seconded the motion. The motion passed 7 to 0. J. Agenda Item No. 10 - Approval of Annual Claims List, including Debt Service Payments. for 1997-1998 Fiscal Year - (Report R-97-48). B. Crowder questioned the annual claim listing for Dr. Loy. Motion: B. Crowder moved that the Board approve the annual claims list, including debt service payments for the 1997-1998 fiscal year. J. Cyr seconded the motion. The motion passed 7 to 0. K. Agenda Item No. 11 - Tentative Adoption of an Amendment to the Preliminary Use and Management Plan for La Honda Creek to Change the Use of an Existing Mobile Home from a Caretaker Residence to an Employee Residence and the Associated Out buildings for District Storage (ftort R-97-29). J. Escobar presented staff s recommendations. Motion: B. Crowder moved that the Board tentatively adopt an amendment to the preliminary Use and Management Plan to permit the use of the mobile home as an employee residence and the associated out buildings for District storage. P. Siemens seconded the motion. i I Meeting 97-08 Page 8 Discussion: In response to Board Members' questions and comments, J. Escobar said he did not think the caretaker wanted to leave. He said they will be trying to create some residences in the south part of the District, but there are tradeoffs, including that the Enterprise Programs brings in revenue for the District. In addition, they are short of rangers wanting to live in District residences. He said there is a benefit to having rangers in the residences as they are peace offices and e r n than other employees in emer enc responses after are better trained t emergency Po hours. District policy calls for having rangers in the residences, and they will continue to give preference to them. Georgia Stigell said she lives adjacent to Skyline Ridge Open Space Preserve and she and her husband like having the rangers living in the area. Michael Marshall suggested that the District might let the caretaker stay there. The motion passed 7 to 0. L. Agenda Item No. 12 - Authorization to Enter into Contract with Terratech. Inc. of San Jose for $43.000 to Provide Geotechnical Engineering Services in the Repair of Five Landslides and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Out Act CFQA) - M=rt R-97-45) R. Anderson reviewed the staff report. He said the Jones Trail at St. Joseph Hill is open but they do not want to lose it again. He said it is important to make sure it remains open as a patrol road. He said this project is parallel to the process approved at an earlier meeting for the use of a civil engineer. He said the repairs need to be made this summer. I Motion: P. Siemens 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 authorize the General Manager to contract with Terratech, Inc. of San Jose for geotechnical engineering services toward the repair of landslides at five separate open space preserves at a total cost of $43,000. D. Smernoff seconded the motion. The motion passed 7 to 0. M. Agenda Item No. 13 - Authorization to Hire Environmental and Horticultural Consultant to Undertake the Management Techniques Identified in the Russian Ridge Grassland Management Plan with a Budget of $38.000 in Fiscal Year 1997-1998: Authorization for the General Manager to Execute Contract with Consultant to Implement The Russian Ridge Grassland Management Plan: and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act CEQA)- its R-97-43 and R-97-5!0 ar Meeting 97-08 Page 9 J. Isaacs said the purpose of the implementation of the project is to act as a model study that would determine management methods more generally effective for District-wide grassland habitats. The seven management methods are mowing, herbicide use, hand labor, goat grazing, prescribed burning, restoration, and staff/volunteer coordination. She noted that the proposal eliminates goat grazing from the project because it is a costly management technique and it is unlikely that volunteers or staff could take over the task and reduce its cost. D. Smernoff said he was excited about this project getting to the implementation phase. He said it will be good to develop monitoring protocols that can be continued with volunteers and staff over a long time to keep the program going at minimal cost. He recommended that they go ahead with the goat grazing analysis to evaluate that management technique along with the others. There may be certain areas where that is the most effective technique. C. Britton said he did not recommend goat grazing because there is a cost of$16,000 for ten acres. Some of the other techniques can be taken over by volunteers or staff. He does not think it is cost effective. In answer to questions regarding burning, J. Isaacs said burning timing is very critical. For example, there is a critical time for star thistle of seven days. If conditions are not right, they would have a fallback plan. She said staff had not checked out the option of a grazing lease. Motion: N. Hanko moved that the Board determine that the proposed projects if categorically exempt from the California Environmental Quality Act (CEQA) based on the findings in the staff report; authorize staff to hire Paul Kephart to undertake the management techniques identified in the Russian Ridge Grassland Management Plan, with a budget of$38,000 in fiscal year 1997-1998; and authorize the General Manager to execute a contract with Paul Kephart to implement the Russian Ridge Grassland Management Plan, as presented at the March 26, 1997, Board meeting. D. Smernoff seconded the motion. Motion to Amend: D. Smernoff moved that the motion be amended to include goat grazing in the management study. B. Crowder seconded the motion. Discussion: C. Britton commented that the Board had just approved the fiscal year 1997-1998 budget and this action would increase expenditures by $5,000. He was concerned regarding the cumulative impact of budget changes and did not see the long-term benefit of goat grazing. J. Isaacs said there would be a final report from the consultant, but probably not a published scientific paper. D. Smernoff said he thought doing an integrated study, including goat grazing, was an important aspect of the plan. Meeting 97-08 Page 10 The motion to amend failed with board members N. Hanko, J. Cyr, K. Nitz, and P. Siemens voting no. The original motion passed 7 to 0. C. Britton noted that there had not been a general notification, but the person who was interested was notified. He said staff would provide an update after three months. Georgia Stigell said she is an advocate for native ecosystems and made a case for building a volunteer program, which could include bicyclists, horse riders, bird watchers, hikers, and flower people together working on a common project. She offered her help to the District. N. Agenda Item No. 14 - Approval of Conservation Easement Monitoring Agreement and Authorization for the General Manager to Execute an Easement Monitoring Agreement Between the District and Peninsula Open Space Trust - (RR=rt R-97-47) In regard to what staff is planning to do with the easements that POST is not monitoring, C. Britton said if they do not pick them up within the next six or eight months, the District might start its own volunteer program, but he would meet with POST first. Motion: N. Hanko moved that the Board authorize the General Manger to execute an Easement Monitoring Agreement between the District and Peninsula Open Space Trust, and that in six months, staff report back to the Board as to the decisions that were made as to the easements that were not addressed. P. Siemens seconded the motion. Discussion: C. Britton gave some background as to how some of the easements came about and the history of monitoring of them. He agreed with N. Hanko that there is an advantage when two agencies and/or trusts hold an easement. The motion carried 7 to 0. VIII. INFORMATIONAL REPORTS B. Crowder reported on the Planning and Conservation League forum and the San Mateo County legislative breakfast she had attended. She said Bay Area Action had a tour of their demolition project, hosted by D. Smernoff, Jim Steinmetz and others. She also said the is supporting Rich Gordon, candidate for San Mateo County Board of Supervisors. P. Siemens stated that on the issue of easements, the Town of Los Gatos is looking to the District to manage some of the Town's easements. He and C. Britton will meet with the Town officials, and C. Britton said fee title is involved as well. t 4 Meeting 97-08 Page 11 N. Hanko reported on a meeting today that she, M. Davey, and B. Crowder had attended in Pescadero, noting they have been an informal committee to pick up on the interest from the coast side in land acquisition west of the District boundaries. She said the group they met with will be at the April 9 meeting asking that the District study the possibility of finding ways of preserving open space on the coast, whether by expansion of District boundaries or other measures. D. Smernoff said they are continuing with dismantling efforts at Arastradero and will be there every Saturday, working with community volunteers. He can arrange another tour for any interested Board members. By consensus, Board members set a Special Meeting for 7:00 p.m., April 7, for the General Manager's and Legal Counsel's performance evaluation. M. Davey said that as a follow-up of today's meeting, the Coast group will meet with them Friday evening, April 4. D. Smernoff will attend that meeting. C. Britton reported on the following: 1. Notice regarding the San Francisquito Watershed Study workshop. D. Smernoff, N. Hanko and B. Crowder expressed interest. 2. City of Palo Alto invitation to the State of the City address on April 14. 3. Special Parks District Forum June 11-14 in Columbus, Ohio - J. Cyr interested in attending. 4. Board members would receive a two-month What's Happening report because of a busy workload. 5. A sample of the letter sent to city and county officials regarding the briefing session on SB 1048 to be held on Friday April 4 from 10-11:30. N. Hanko will attend. S. Schectman referred to a letter from an attorney representing the Russian Convent asking to make an informational presentation to the Board regarding the project. S. Schectman suggested that they be invited to speak on a future agenda during Oral Communications. The Board directed staff to invite the Convent to address the Board on a future agenda under "Oral Communications". D. Smernoff said he received a card from the Rose Foundation in support of the Maxxam resolution. He reported that Bay Area Action has an opening for Executive Director. R. Anderson announced a Regional Open Space Plan workshop to be held Wednesday, May 21, 7:00 P.M. IX. ADJOURNMENT The meeting was adjourned at 10:07 p.m. in honor of J. Fiddes. Roberta Wolfe Recording Secretary