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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
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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).
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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.
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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
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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),
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C. Britton said he had been working on the project for twenty years and the ultimate
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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
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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.
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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.
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Meeting 97-08 Page 6
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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.
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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
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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.
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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.
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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
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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.
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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