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Home My Public Portal About19971022 - Minutes - Board of Directors (BOD) egI0nal Open 1,4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-32 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS October 22, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:30 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens, David Smernoff, and Nonette Hanko. Personnel Present: Craig Britton, Sue Schectman and Mike Williams. II. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Items 1 and 2. The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at 6:31 P.M. The Board concluded the Closed Session at 7:10 P.M. M. Davey announced that no reportable actions were taken at the Closed Session. III. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY M. Davey stated that the Board would adjourn to a meeting of the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. The Board concluded the meeting of the Midpeninsula Regional Open Space District Financing Authority at 7:25 P.M. and M. Davey called the regular meeting to order at 7:30 P.M. Additional Personnel Present: Malcolm Smith, Deirdre Dolan, and Mary de Beauvieres. IV. ORAL COMMUNICATIONS There were no oral communications. V. ADOPTION OF AGENDA At the request of N. Hanko, the agenda was re-ordered to place Special Orders of the Day after Adoption of the Cone radar. Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:650-691-1200 1972-1997 FAX:650-691-0485 m E-mail:mrosd@openspace.org m Web site:www.openspace.org 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 I Meeting 97-32 Page 2 Motto J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR N. Hanko removed the September 17 minutes, Special Orders of the Day, and agenda item 4, Acceptance of the Midpeninsula Regional Open Space District Financial Statement and Report of Independent Certified Public Accountants as Compiled by Grant Thornton, Accountants and Management Consultants and Authorization for the General Manager to File the Continuing Disclosure Report Required By Law from the Consent Calendar. C. Britton removed the reply to a written communication from Mr. Steven Kennedy, P. O. Box 51852, Palo Alto. Motion: P. Siemens moved that the Board adopt the Consent Calendar including minutes of the September 24 Special and Regular Meeting; replies to written communications from Mr. David S. H. Rosenthal, 427 Alma, #407, Palo Alto;Mr. Steven Kennedy, P. O. Box 51852, Palo Alto; and Mr. Robert Zatkin, 406 Maple Way, Woodside; and Revised Claims 97-19. D. Smernoff seconded the motion. The motion passed 7 to 0. VII. SPECIAL ORDERS OF THE DAY I M. Smith informed the Board that they had received corrected copies of Resolution 97-36. 5 Resolution Commending the Monterey Peninsula Regional Park District on its 25th Anniversary. Win: N. Hanko moved that the P h h Board adopt Resolution 97-35 a Resolution of the Board of H Directors of the Midpeninsula Regional Open Space District Commending the Monterey Peninsula Regional Park District on its 25 Anniversary. D. Smernoff seconded the motion. j The motion passed 7 to 0. Resolution Commending the Marin County Open Space District on its 25th Anniversary I Motion: N. Hanko moved that the Board adopt Resolution No. 97-36 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending the Marin County Open Space District on its 25th Anniversary, as corrected. J. Cyr seconded the motion. The motion passed 7 to 0. VIII. APPROVAL OF TTHE M'JNMS i September 17, 1997 N. Hanko requested that Roll Call be corrected to show Jed Cyr as present and arriving at 8:00 p.m. Motion B. Crowder moved that the Board approve the September 17, 1997 minutes as amended. P. Siemens seconded the motion. The motion passed 7 to 0. i IX. WRITTEN COMMUNICATIONS C. Britton said Mr. Steven Kennedy had made a presentation last night and gave Board Members a note from Mr. Kennedy asking for endorsement of his video. N. Hanko suggested that Mr. Kennedy contact Santa Clara County, as they are doing a substantial amount of study in educating people on protecting themselves in case of fire in the mountains. Mr. Kennedy arrived at the meeting and presented Board members with a letter. M. Davey explained that the Board had previously taken action on this matter. Meeting 97-32 Page 3 X. BOARD BUSINESS A. Agenda Item No. 1 -Proposed Addition of Trifilo et al Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve;Determination that the Recommended Actions are Categorically.ally x mpt from the California Environmental Quality Act* Tentative Adop ion of the Preliminary Use and Management Plan Reco endations- Includiniz Naming the Property as an Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve, and Indicate their Intention to Withhold the Proper from Dedication as Public Open Space at this Time—(Report R-97-147) M. Williams showed the location of the property on a map and slides and informed the Board that the purchase price was $30,000. He also showed the location of the adjacent 116-acre property on which the District has right of first refusal. He said there are some trailers and sheds in the area and a road that runs along Henrys Creek which serves as access to private property. However, there are no buildings on the subject property. The road goes beyond the property to the east. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution No. 97-37 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve-Lands of Trifilo, et al.);tentatively adopt the Preliminary Use and Management Plan recommendations contained the staff report, including naming the property as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. I Cyr seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 - Authorization for the General Manager to Amend the Contract with Callander Associates of San Mateo for $10-403 to Provide Additional Desien. Construction Observation Services. Apd Reimbursement for Expenses Durin¢ Development of the Public Access Improvements at the Windy ill Oven Space Preserve —(B Mort R-97-146). M. de Beauvieres presented the staff report and distributed a cost breakdown for the entire project since 1987. She said it looked like there would be about $50,000 left from the $350,000 which was budgeted for widening of Portola Road. She said the telephone line work is being developed by another higher priority project. She added that the ratio of design to construction costs is unusual, in part because the way Portola Valley scrutinizes the design of projects costs about 20% more. C. Britton explained why he had asked M. de Beauvieres to put the cost breakdown together and provided a history of the project. He said that even though the design costs were high, he believed the end product was improved. P. Siemens suggested that the District might want to look at where they can potentially save money in handling future contracts. C. Britton stated that because of this experience, staff is getting more realistic at estimating the cost of projects. Motion: B. Crowder moved that the Board authorize the General Manager to Meeting 97-32 Page 4 amend the contract with Callander Associates of San Mateo for$10,403 to provide additional design, construction observation services, and reimbursement for expenses during development of the public access improvements at Windy Hill Open Space Preserve. P. Siemens seconded the motion. The motion passed 7 to 0. Board members concurred with C. Britton's suggestion that there be a ribbon cutting ceremony at this project when it was completed. C. Agenda Item No. 3 - Authorization for the General Manager to Execute the Right of Ently with Caltrans for Emergency Repairs to State Route 84 (La Honda Creek Open Space Preserve) and Determination that the Recommended Actions are Categorically and ,Statutorily Exempt from the California Environmental Quality Act— $eport R-97-149). M. Williams presented the staff report and said this is a pro-active project as winter is approaching. He said there had been a slide last January which closed highway 84 in that location. He said the schedule for hydroseeding was up to Caltrans and might not happen until spring. Motion* B. Crowder moved that the Board determine that the recommended actions are sta tutorily and categorically exempt fr m the California Environment al Quality Act as set out in the staff report; and authorize the General Manager to execute the Right of Entry with Caltrans for emergency repairs to State Route 84 ((La Honda Creek Open Space Authority). D. Smernoff seconded the motion. The motion passed 7 to 0. D. Agenda item No. 4 - Acceptance of the Midpeninsula Regional Open Space District Financial Statement and Report of Independent Certified Public Accountants as Compiled by Grant Thornton,Accountants and Management Consultants and Authorization for the Qeneral Manager to File the Continuing Disclosure Report Required By Law—ftl2ort R_- 97-148) C. Britton said the following corrections, which had been made to the Finance Authority documents, should apply to this report also: Table 8, Debt Outstanding, was changed to correct the amount in the first and second columns for 1996 Revenue Bonds original amount from $29,199 million to $29,910 million. The following corrections were made to Table 2, District Secured and Unsecured Tax Receipts: Footnote (1), change"delinquent" to"delinquent." Footnote(2), change "foscal" to"fiscal.". J. Cyr moved that the Board accept the Midpeninsula Regional Open Space District Financial Statement and Report of Independent Certified Public Accountants as compiled by Grant Thornton, Accountants and Management Consultants, and authorize the General Manger to file the continuing disclosure report required by law. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 97-32 Page 5 C. Britton commented that the audited financial statement had been included for the Board. There will be more information at the next meeting from the Budget Committee and M. Foster on the mid-year budget analysis. In addition, the Board will see the management letter from the auditor and the District's response. XI. INFORMATIONAL REPORTS B. Crowder said she had received a call from Mr. Zatkin regarding the amount spent in mailing brochures being spent on steelhead research instead. C. Britton said he had talked to Mr. Zatkin and the District is trying to get the information on steelhead research that is available. B. Crowder described the League of Conservation Voters fund-raiser that she and P. Siemens had attended at which Senator Byron Sher was honored. S. Schectman said the Court of Appeals had ruled in favor of the Santa Clara County Open Space Authority and she had copies of the decision. Plaintiffs can appeal to the California Supreme Court. She explained how the decision was relevant to the District and cited some of the findings. She said this was a very important decision for open space advocates. C. Britton reported as follows: 1. Per the open door policy from the Art O'Neal training, he had been confronted about jokes made about Sierra Azul. He suggested that preserve should be taken more seriously. 2. Byron Sher's Bill SB 1048 establishing the Bay Area Conservancy Program will become law in January. 3. Save-the-Redwoods League will have a reception on November 14 at the Berkeley City Club. M. Davey complimented staff and summarized the presentation given by R. Anderson last night at the Los Altos Hillview Center promoting the idea of a greenbelt, including the financial ramifications. C. Britton said the Board will receive the information from that presentation and there will be a workshop within the next month. N. Hanko said there was a review in the October Sunset magazine regarding a book on preservation of open space. She was one of five Bay Area residents interviewed by the author, Galen Rowell. XII. ADJOLTRNIV[�NT The meeting was adjourned at 8:20 P.M. Roberta Wolfe Recording Secretary