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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
REGULAR MEETING
BOARD OF DIRECTORS
November 12, 1997
MINUTES
I. ROLL CALL
President Mary Davey called the meeting to order at 7:30 P.M.
Members Present: Mary Davey,Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens,David
Smernoff, and Nonette Hanko.
Members Absent: None
Personnel Present: Craig Britton, Malcolm Smith, John Escobar, Sue Schectman, Randy
Anderson, Deirdre Dolan, Gordon Baillie, Del Woods, Michael Williams, and Mary de
Beauvieres.
U. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highlands Circle,Los Altos, requested that the door to the building
be unlocked earlier prior to meetings. He spoke about the reply to his letter of October
28, suggesting that the request for proposals include the impact on the operations
department if the District took over the coastal area.
III. SPECIAL ORDER OF THE DAY
C. Britton noted the two resolutions included in the packet.
Motion* B. Crowder moved that the Board approve Resolution No. 97-38, a
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District commending the Trust for Public Land on its 25th
Anniversary; and Resolution No. 97-39, Resolution of Appreciation of the
Board of Directors of the Midpeninsula Regional Open Space District.
Honoring Mr. Ernest Goitein. The motion passed 7 to 0.
IV. ADOPTION OF THE AGENDA
Motiom J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1.404 • Phone:650-691-1200
- 1972-1997- FAX:650-691-0485 - E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
If
Meeting 97-34 Page 2 t
motion. The motion passed 7 to 0.
V. ADOPTION OF THE CONSENT CAL EM
Harry Haeussler stated that he did not object to the trail closures mentioned in Item 1, but
would like the District to post signs at the entrances to preserves and at kiosks. I
Escobar said they have done that in the past and will continue to do so.
C. Britton asked if the November 19 Special Meeting to be scheduled in Item 9 could
begin at 5:30 P.M. instead of 6:00 P.M. as stated in the report. Directors concurred with
the earlier starting time.
Mr. Haeussler requested removal of agenda item 10, Approval of the Closure of the
Administrative Office Each Year During the Week Containing the Christmas Eve and
Christmas Day, designated District Holidays,
Motion: D. Smernoff moved that the Board adopt the Consent Calendar including
the minutes of the October 8, 1997 Special and Regular Meeting; a
response to a written communication from Mr. Harry H. Haeussler, Jr.,
1094 Highlands Circle, Los Altos; agenda item 4, Alpine Road
Encroachment Agreement for the Life Estate Driveway at S , line Ridge
Open Space PrP$erye, Including Adoption of Resolution No. 41 a
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Authorizing.Acceptance of Encroachment Aar emen
Authorizing Officer to Execute the Agreement on Behalf of the District,
and Authorizing General_Manager to Execute Any and All Other
Documents Necessary or Approl2fiate to Closing of the Transaction
(S line Ridge Open Space Preserve-Alpine Road Encroachment);
agenda item 9, Cancellation of November 26' 1997 Regular Meeting and
Scheduling of November 19 Special Meeting; and Revised Claims 97-20.
K. Nitz seconded the motion. The motion passed 7 to 0.
VI. BOARD BUSINESS
A Agenda Item No. 2 - Approval of the Proposed Road Easement and Water RightsAgreement for Windy Hill Open Space Preserve and Determination that the
Recommended Actions are Categorically Exempt from the Califomi
Environmental Quali Act - ($eport R-97-153)
C. Britton pointed out the location of Lauriston Road and the fifth residential
parcel proposal. P 81'
ar 1 included in the ro osal. He provided background on the District's
acquisition of Wind Hill and some history of the 200-acre inhoding. He presented
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the staff report, including an overview of what the District is trying to accomplish
with the easement and agreement.
D. Woods reported on the District's discussions with POST during the last two
years which included concerns about impacts of the development of parcel 5 and
Meeting 97-34 Page 3
how trails will work in the future. He showed where the gate would be relocated.
He said the residents have emergency access through gate 2 and pointed out the
area designated in the agreement for water.
Discussion followed regarding where residents get their water and power. District
Research Attorney D. Blackman pointed out that there is a process in the proposed
agreement regarding underground power whereby the Board will be able to review
plans to make sure they don't interfere with open space values of the land.
D. Woods pointed out what is being added to parcel 1 and said the road will
continue to run through private property.
C. Britton said the District would be acquiring entirely undeveloped land;there are
no structures. He said he did not know about controls on the structures on parcel
5 but they are definitely not within the District's purview.
Regarding problems with bicycles, D. Woods said there will be more signage and
the ability for increased patrols.
Harry Haeussler asked if the trails will be included in the trail program for Windy
Hill. C. Britton said there will be a planning work program in January.
B. Crowder thanked D. Woods and D. Blackman for the comprehensive report
said she would like to look at the completed exhibits.
Motion; B. Crowder 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. 40 a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of Road and Utility
Agreement and Water Agreement, Authorizing the Board President
to Execute Certificate of Acceptance of Grant to District, and
Authorizing the Board President and General Manager to Execute
Any and All Other Documents Necessary or Appropriate to Closing
of the Transaction(Windy Hill-Lands of POST et al.), and
authorize B. Crowder to review the agreement before it is
completed. J. Cyr seconded the motion.
Discussion: S. Schectman said she had reviewed the proposal and commented
that D. Blackman's work was exemplary on this exceedingly
complicated issue.
D. Smernoff commented that he appreciated that staff was being
proactive and that this is a good way to manage.
Vote: The motion passed 7 to 0.
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Meeting 97-34 Page 4
B. Agenda Item No. 3 - Authorization for the Execution by the President of the
Board of the Notices of Completion of Contract and Acceptance of Work far
FEMA Funded Landslide Rep it Pr jests-Driveway to Life Estate Area at
Skyline Ridge Op g Space Preserve; Jones Trail_ at St. Joseph', Hill Open S12
Preserve; Canyon Trail at Monte Bella Open Space Preserve--;i Tnner Purisima
Road at Purisima Creek Open Space preserve;and School Road at Long RidQe
Open Space Preserve- 03eport R-97-155).
R. Anderson reviewed the staff report. He said all the projects were successful
from an engineering standpoint and the District is aggressively pursuing
reimbursement.
J. Cyr commented he felt the cost overrun for such a major and complex project
was very reasonable.
When asked about working with outside consultants, R. Anderson said they had
made an excellent choice and the project could not have been done as efficiently
in-house. He showed slides of the sites before and after repairs.
R. Anderson clarified an item on the chart regarding bicycle traffic control, stating
the contractor needed help keeping the area closed to bicyclists during repairs.
D. Smernoff asked about alternatives to a chain link fence. R. Anderson said it is
considered permanent. They are thinking about doing a split rail fence at the Bach
driveway and backing it up with wire to make it meet code. In terms of
permanence and safety, chain link fence is better than split rail. The fence can be
painted so it won't be so visible.
Motion: P. Siemens moved that the Board authorize execution by the
President of the Board of the Notices of Completion of Contract
and Acceptance of Work for each of the five FEMA-funded
landslide repair projects: 1. Driveway to Life Estate area at
Skyline Ridge Open Space Preserve. 1. Jones Trail at St. Joseph's
Hill Open Space Preserve. 3. Canyon Trail at Monte Bello Open
Space Preserve. 4. Upper Purisima Road at Purisima Creek Open
Space Preserve. 5. School Road at Long Ridge Open Space
Preserve. J. Cyr seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 5 -Authorization for the General_Manager to Amend the
$120.878 Contract With the Jens Hansen Company of San Carlos. for a Sum Not
10 Exceed $25-088 (10% of the Original Contract Amount)to Create a
Contingency Fund for Additional Expenses or Changes Encountered During
Construction of the Project - ( eport R-97-159)
M. de Beauvieres presented the staff report, stating that the project is about 15
days behind schedule because of the rain in October and the condition of the site
development permit calling for two sets of meetings with the neighbors and the
Meeting 97-34 Page 5
Town regarding the driveway. In addition, they are anticipating additional delays in
regard to delivery of the restroom unit; at this point it was estimated it would be
completed just before Thanksgiving but there were questions. C. Britton said it
would probably be completed in the spring.
M. de Beauvieres said the main thing the contractor was trying to accomplish was
to get the base rock surface down before the storms. The parking lot will be
closed until the surface is completed. There is gating and fencing.
H. Haeussler suggested that the trail from the parking lot to the present trail be
graveled. He asked about the overhead telephone lines which are still there. M. de
Beauvieres said undergrounding utility lines was a joint project with the Town and
District. The electric lines are underground and the conduit is in place for the
telephone lines.
,ion: B. Crowder moved that the Board authorize the General Manager
to execute construction change orders with the Jens Hansen
Company of San Carlos, for a sum not to exceed $25,088 (10% of
the original contract amount)for additional expenses or changes
encountered during construction of the project. P. Siemens
seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 6-Authorization for the Expenditure of$150 for Two staff
Members and One Board Member to Attend the Peninsula Conservation Center
Foundation Awards Luncheon_ At Which the District Will be Receiving an Award
and Consideration of the Request from Director M. Davey That Instead of Sending
Three District Representatives'the District Sponsor a Total of Ten Attendees to
the Luncheon at a Total Cost of$500 - fReport R-97-1581.
C. Britton outlined staffs recommendations. M. Davey explained her proposal,
stating that she would like staff members and docents who had participated in the
program to attend and receive recognition. She said she had paid for her ticket.
Motion: J. Cyr moved that the Board authorize the expenditure of$150.00
for two staff members and one Board member to attend the
Peninsula Conservation Center Foundation awards luncheon, at
which the District will be receiving an award. N. Hanko seconded
the motion. The motion passed 7 to 0.
Motion: J. Cyr moved that the Board approve the request from Director M.
Davey that instead of sending only three District representatives,
the District sponsor a total of ten attendees to the luncheon for a
total of$500.00. P. Siemens seconded the motion.
Discussion: P. Siemens said he thought docents and other key players should be
among the attendees. N. Hanko said she was willing to support the
motion if it excluded Board Members.
Meeting 97-34 Page 6
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Vote: The motion passed 6 to 1 (Dir. B. Crowder voted no).
S. Schectman responded to the question regarding setting a precedent, stating this
is an appropriate expenditure of District funds. From a legal perspective there is a
nexus with District business as opposed to a pure donation.
E. Agenda Item No. 7 -Review of the 1996-1997 Actual Budget Expenditures and
Mid-Year Review of 1997-1998 Budget and Acceptance of the Report of the
Administration and Budcret Committee and Controller's Mid-Year Financial
Review- (&port R-97-145).
C. Britton reviewed his cover report and pointed out the $1.1 million overpayment
to the District from Santa Clara County. He said references to rental income and
enterprise mean the same thing.
J. Escobar clarified the time-phased budget mentioned in Exhibit D.
Motion; J. Cyr moved that the Board accept the report of the Administration
and Budget Committee and the Controller's Mid-Year Financial
Review. K. Nitz seconded the motion. The motion passed 7 to 0.
F. Agenda Item No. 8 - Acceptance of the Mid-Year Program Evaluation for the
1997-1998 Action Plan for the Implementation of the Basic Policy of the
Midpeninsula Regional nal Open Space District- (deport R-97-156).
C. Britton said managers would report on the individual programs.
Open Space Acquisition Proar-M. Williams
R. Anderson provided information on Teague Hill and the status of the application
for lot line adjustment with the Town of Woodside, including the claim that the
application is inconsistent with the General Plan.
S. Schectman said the Town Attorney has been cooperative and supportive of the
District's position.
r stating that
M. Williams pointed out a correction in the staff resources section,� 8
Lisa Zadek is the full time Real Property Assistant.
C. Britton said J. Isaacs had presented the report on Resource Management at an
earlier meeting, therefore, no additional report would be made at this time.
Planning Program -M. de Beauvieres
M. de Beauvieres pointed out that in the past at mid-year staff has prepared an
addendum which covered other projects. This was not included but she was
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Meeting 97-34 Page 7
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prepared to answer questions.
C. Britton stated that Trail Use Review scope and schedule(page 9, Item 3)would
be brought to the Use and Management Committee.
I Escobar answered questions regarding the Wildlife Response Plan(page 12,
Resource Management Subprogram, Item 2) stating it would probably be two
documents, one dealing with wildlife and human interaction and the other dealing
with procedures for field staff. It would address critical incident situations.
M. de Beauvieres said I. McCullough might be hired as a consultant on the La
Honda Creek bridge project and other projects she had worked on.
P. Siemens asked about the level of seismic review as related to the use of historic
buildings (page 6, item 4, Historic Leases). M. Williams said the county has made
a determination based on the number of parking places which had nothing to do
with seismic. C. Britton said that question had not come up.
Operations Program- I. Escobar
I. Escobar answered questions about staff resources(page 13), stating that the two
Open Space Technicians had been hired early in the fiscal year and that the
vacancy had been created by a promotion. He reminded the Board that staff will
be updating them on the radar and bike patrol programs, both of which are on
track to put in more hours this year than previously.
Public Affairs Program -M. Smith
M. Smith pointed out that the public opinion poll mentioned has been expanded to
take into account the coastal preservation area. He said they are still receiving
hundreds of phone calls and a-mails in response to the recent District-wide mailing.
D. Smernoff and I. Cyr said they had heard the mailing had been received
positively.
D. Smernoff referred to Crew Leader Training(page 22, item 3), stating that
members of the cycling community are interested. M. Smith said staff is aware of
that interest and wants to get a balanced mix of candidates.
K. Nitz asked whether anything would be done within the next six months
regarding Protection of District Funding (page 19, item 2). C. Britton stated that
we are working on this constantly and will proceed when East Bay Regional Parks
is ready.
K. Nitz asked what had been done regarding Environmental Education, Kids
Nature Express(page 21, item 1), M. Smith said an article will be included in the
winter newsletter.
N. Hanko said she had heard that the Not So Annual District Conference would be
Meeting 97-34 Page
hosted by us next year. M. Smith said the District is co-hosting the Special
Districts Forum in May, and there were no plans for the Not So Annual
Conference.
Administration Program
C. Britton informed the Board the D. Dolan has accepted the position of
Administrative Services Manager/District Clerk and will start Monday.
Motion: D. Smernoff moved that the Board accept the 1997-1998 mid-year
program evaluation report as discussed at this meeting. I Cyr
seconded the motion. The motion passed 7 to 0.
F. Agenda Item No. 10-Approval of the Closure of the Administrative Office Each
Year During the Week Containing the CMstmas Eye and Christmas Day
Designated District Holidays - CR=ort R-97-15 1).
Harry Haeussler asked if this was a permanent arrangement. C. Britton said it was
but that the Board will make the decision each year as to which week the office
will be closed.
Motion: K. Nitz moved that the Board approve the closure of the
administrative office each year during the week containing the
Christmas Eve and Christmas Day designated District holidays. P.
Siemens seconded the motion. The motion carried 7 to 0.
VIII. INFORMATIONAL REPORTS
B. Crowder said she had gone hang gliding and had pictures. She said she had fallen
during a hike on the Ridge Trail.
D. Smernoff congratulated staff for the 25th Anniversary event. C. Britton said he
thought this was the best one he had attended.
I Cyr echoed D. SmernofFs comments and said the spirit of John Muir performance there
was wonderful.
M. Davey thanked the Directors for sending her to the Congress of the National Parks and
Recreation Association in Salt Lake City. She described the seminars she had attended,
and said that the new Director of the Park Service, Robert G. Stanton, had spoken. She
thanked staff for the 25th Anniversary celebration.
C. Britton read from the introduction of the book by Gaylon Rowell regarding open
space in the Bay Area.
I Escobar said he had attended the NRPA conference. He mentioned that M. Davey and
East Bay Regional Parks Board president held a breakfast on behalf of the upcoming
Meeting 97-34 Page 9
Special Districts Forum. He said they expect there might be as many as 300 people
attending the Special Districts Forum.
S. Schectman said the Court of Appeals denied the petition for rehearing in the Santa
Clara Open Space Authority case. The next step is a petition for review before the state
Supreme Court.
M. Davey said she attended a meeting with Santa Clara County Parks staff to discuss
obtaining a grant to complete some trails in Santa Clara County.
VIII. ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
Roberta Wolfe
Recording Secretary
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