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HomeMy Public PortalAbout19980114 - Minutes - Board of Directors (BOD) Regional Ope ace '* MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-01 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS January 14, 1998 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 5:02 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko. David Smernoff arrived at 7:10 P.M. Members Absent: Pete Siemens Staff Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, and Mike Williams H. 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 5:02 P.M. and the Closed Session commenced at 5:05 P.M. The Board concluded the Closed Session at 6:08 P.M. and the Planning Program Workplan Study Session commenced at 6:15 P.M. The Board concluded the Study Session at 7:20 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Deirdre Dolan, Jodi Isaacs, and Gordon Baillie. III. ORAL COMMUNICATIONS -None. IV. SPECIAL ORDER OF THE DAY J. Escobar introduced Gina Moran the most recently hired Open Space Technician. r T�•�Usk,o+� 1 Ste! 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 • E-mail:.mrosd@openspace.org • Web site:,www.openspace.org is 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 Meeting 98-01 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR N. Hanko requested removal of the reply to the written communication from Mr. David Luke. B. Crowder requested removal of the reply to the written communication from Mr. Dan Bernstein. K. Nitz requested removal of agenda item 6, Final Adoption of the Preliminary Use and Management Plan for the Addition of Peninsula Open Space Trust Property to Purisima Creek Redwoods Open Space Preserve. Motion: J. Cyr moved that the Board adopt the Consent Calendar including approval of the minutes of the November 12, 1997 Regular Meeting and the December 10, 1997 Regular and Special Meeting; replies to written Box 7207 San Jose CA m Mr. Richard Bourke P. O. o communications from , 95150; and Mr. Bryan McClenahan, <bryan@aspect.com>; agenda Item 1 Resolution 98-01 a Resolution of the Board of Directors of the Midpeninsula Regional nal Open Space District of Appreciation for Mr. Sydney Levin and the Richard and Emmylou Levin Foundation for Their Generous Donation to the District; agenda item 8, Renewal of Controller's Investment Authority and Adoption of Statement of Investment Policy, including adopt of Resolution No. 98-02 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting a Statement of Investment Policy and Authoriz ng the Controller to Invest Surplus Funds Allowed by Government Code; agenda item 9, Approval of One-Year Consulting Services Agreement with Heim Noack.Kelly& Spahnn for Consulting Fee of$1.000 Per Month; and Revised Claims 98-01. K. Nitz seconded the motion. The motion passed 6 to 0. V. WRITTEN COMMUNICATIONS In reference to the written communication to David Luke, N. Hanko said she thought we should have people's mailing addresses so they could be identified as constituents before we answer their inquiries. C. Britton said there will be a procedure workshop at the next meeting of the Board, and the handling of electronic mail is one of the items on the agenda. B. Crowder suggested that Mr. Luke be notified in this letter that no further communications will be answered unless he provides his address. D. Smernoff confirmed that Mr. Luke is a District constituent. In reference to the written communication from Dan Bernstein, B. Crowder suggested adding, "PADS has repeatedly offered to mount an education campaign at its meetings with the Board. However, we understand staff has not experienced assistance from PADS Meeting 98-01 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS January 14, 1998 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 5:02 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko. David Smernoff arrived at 7:10 P.M. Members Absent: Pete Siemens Staff Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, and Mike Williams H. 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 5:02 P.M. and the Closed Session commenced at 5:05 P.M. The Board concluded the Closed Session at 6:08 P.M. and the Planning Program Workplan Study Session commenced at 6:15 P.M. The Board concluded the Study Session at 7:20 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Deirdre Dolan, Jodi Isaacs, and Gordon Baillie. III. ORAL COMMUNICATIONS -None. IV. SPECIAL ORDER OF THE DAY J. Escobar introduced Gina Moran the most recently hired Open Space Technician. Meeting 98-01 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS January 14, 1998 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 5:02 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko. David Smemoff arrived at 7:10 P.M. Members Absent: Pete Siemens Staff Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John Escobar, and Mike Williams H. CLOSED ION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items I and 2. The Board recessed to Closed Session at 5:02 P.M. and the Closed Session commenced at 5:05 P.M. The Board concluded the Closed Session at 6:08 P.M. and the Planning Program Workplan Study Session commenced at 6:15 P.M. The Board concluded the Study Session at 7:20 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Deirdre Dolan, Jodi Isaacs, and Gordon Baillie. III. ORAL COMMUNICATIONS -None. IV. SPECIAL ORDER OF THE DAY J. Escobar introduced Gina Moran the most recently hired Open Space Technician. Meeting 98-01 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR N. Hanko requested removal of the reply to the written communication from Mr. David Luke. B. Crowder requested removal of the reply to the written communication from Mr. Dan Bernstein. K. Nitz requested removal of agenda item 6, Final Adoption of the Preliminary Use and Management Plan for the Addition of Peninsula Open Space Trust Proper to Purisima Creek Redwoods Open Space Preserve. Motion: J. Cyr moved that the Board adopt the Consent Calendar including approval of the minutes of the November 12, 1997 Regular Meeting and the December 10, 1997 Regular and Special Meeting; replies to written communications from Mr. Richard Bourke, P. O. Box 7207, San Jose, CA 95150; and Mr. Bryan McClenahan, <bryan@aspect.com>; agenda Item 1 Resolution 98-01 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District of Appreciation for Mr. Sydney Levin and the Richard and Emmylou Levin Foundation for Their Generous Donation to the District; agenda item 8, Renewal of Controller's Investment Authority and Adoption of Statement of Investment Policy- including adopt of Resolution No. 98-02 a Resolution f the Boardf Directors of the Midpeninsula District Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by Government Code; agenda item 9, Approval of One-Year Consulting Services Agreement with Heim Noack. Kelly& Spahnn for Consulting Fee of$1,000 Per Month; and Revised Claims 98-01. K. Nitz seconded the motion. The motion passed 6 to 0. V. WRITTEN COMMUNICATIONS In reference to the written communication to David Luke, N. Hanko said she thought we should have people's mailing addresses so they could be identified as constituents before we answer their inquiries. C. Britton said there will be a procedure workshop at the next meeting of the Board, and the handling of electronic mail is one of the items on the agenda. B. Crowder suggested that Mr. Luke be notified in this letter that no further communications will be answered unless he provides his address. D. Smernoff confirmed that Mr. Luke is a District constituent. In reference to the written communication from Dan Bernstein, B. Crowder suggested adding, "PADS has repeatedly offered to mount an education campaign at its meetings with the Board. However, we understand staff has not experienced assistance from PADS 40 Meeting 98-01 Page 3 during the expanded dog access implementation phase. Due to limited staff resources more active participation from PADS would be welcome." Board members agreed that staff could do more research as to what PADS had promised in the past and rework the letter. VI. BOARD BUSINESS A. Agenda Item No. 2 -Election of Board Officers for 1998 - Meeport R-98-01) D. Dolan announced that Board President, Vice-President, Treasurer, and Secretary would be elected in that order. President M. Davey called for nominations for President. N. Hanko nominated B. Crowder. D. Smernoff seconded the nomination. Motion: J. Cyr moved that nominations be closed. N. Hanko seconded the motion. The motion passed 6 to 0. Board members cast their ballots, and D. Dolan announced the election of B. Crowder as President on a vote of 6 in favor. M. Davey called for nominations for Vice-President. M. Davey nominated D. Smernoff. N. Hanko seconded the nomination. Motion: J. Cyr moved that nominations be closed. N. Hanko seconded the motion. The motion passed 6 to 0. Board members cast their ballots, and D. Dolan announced the election of D. Smernoff as Vice-President on a vote of 6 in favor. M. Davey called for nominations for Treasurer. B. Crowder nominated K. Nitz. D. Smernoff seconded the nomination. Motion: J. Cyr moved that nominations be closed. D. Smernoff seconded the motion. The motion passed 6 to 0. Board members cast their ballots, and D. Dolan announced the election of K. Nitz as Treasurer on a vote of 6 in favor. M. Davey called for nominations for Secretary. N. Hanko nominated J. Cyr. K. Nitz seconded the nomination. Motion: D. Smernoff moved that nominations be closed. K. Nitz seconded the motion. The motion passed 6 to 0. Meeting 98-01 Page 4 Board members cast their ballots, and D. Dolan announced the election of J. Cyr as Secretary on a vote of 6 in favor. B. Crowder moved to the President's position on the dais and presided for the remainder of the meeting. She thanked M. Davey for her service as President and presented a gift. B. Agenda Item No. 3 - Authorization for the General Manager to Retain an Appraiser to Prepare an Appraisal of the Zion Half Moon Partnership Pro ep m on Highway 35 and Highway 92 in San Mateo County and Authorization for Staff to Initiate Discussion of Potential Purchase of the Proper with the Proper Owner - aeport R-98-091. D. Woods presented the staff report, stressing the importance of the area as headwaters for three major creeks and habitat for endangered and special status species, including the summer steelhead trout. He showed slides taken from the property. M. Williams reported on the cost of the appraisal and related engineering services. C. Britton said the recommendation is for $15,000 and the work would begin right away.. D. Woods said to his knowledge no one is living on the property at this time. He said there are deer and other animals including many mountain lions. There are many animals crossing the road in the area of this property. Al Bell, 12130 Skyline Boulevard, Save Skyline Open Space(SSOS), said the Zion property is 100 yards away from his property and there is heavy deer crossing on the road. He had seen a mountain lion. He said SSOS was there to encourage the District to get an appraisal. He described the history of the property as a ranch and said it had been purchased for development. There is a cabin on the property that is run down. Dave Perrone, 316 Ridge, Woodside, CA 94062, SSOS, expressed support for acquisition of the property, or at least appraisal. Jeanne Bell, 12130 Skyline Blvd., Woodside, CA 94062, SSOS, also expressed support for the appraisal. She has ridden horses on the property and described other visitors. Lennie Roberts, 339 La Cuesta, Portola Valley, 94028, Committee for Green Foothills, said this property would be a symbol for the District because it is so spectacular. She said that even with grazing the land is basically undisturbed. The property is headwaters for three major tributaries of Pilarcitos Creek, and there is a major effort to restore areas of the creek. She said it was equally important to have an appraisal of the church property next door because of the trails and Meeting 98-01 Page 5 watershed protection. She described an area on the property where a large house had been approved by the County but not built, and said the site could be used for a trailhead parking lot. She said sooner or later someone will want to develop the property and it would be difficult to do this without being intrusive. She urged the Board to approve the process of obtaining an appraisal. Jessica Agramonte, 12150 Skyline Blvd., SSOS, said she biked and walked on the property and described the wildlife, including foxes and coyotes. She expressed support for the appraisal. In addition, because of her work, she is aware of the fact that lots of open space is not very accessible to disabled people. If there were a parking lot anywhere nearby, it would be fully accessible. C. Britton described how the current situation had come about over the last 20 years, stating that because of limited funds the District had tended to focus on lands that were available or where there is a focus on development. He cited the history of the property area including gifts to POST and the state and acquisition of adjacent property by POST. He said the property is not only undeveloped but very dramatic and unspoiled and this is the opportune time for the District to appraise the property and make some overtures to the owners. N. Hanko said when the District founders considered its original boundaries they placed them just north of this property because they felt it was important to be preserved. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the report; authorize the General Manager to retain an appraiser to prepare an appraisal of the Zion Half Moon Partnership Property in an amount not to exceed $15,000; and authorize staff to discuss possible purchase with owner of the property. N. Hanko seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 4 - Approval of a Consultant Contract for the Operations Program Review; Authorization for the General Manager to Execute an Aereement for an Amount Not to Exceed $63-538 with the Warner Group and Associated Sub-Contractors to Conduct the Operations Program Review, and Authorization for the Expenditure of a 10% Contingeny($6,354) if Necessary to Accomplish Additional Tasks Identified as a Result of the Initial Work Done on the Review;Authorization for the Board President to Appoint an Ad Hoc Committee to Work with Staff and the Consultant to Oversee the Operations Program Review by the Consultant and Provide Input to the Process; and Decide Whether the Ad Hoc Committee Should be Designated as Compensable or Non- CCoor�,pensable- (Report R-98-07) G. Baillie presented the staff report and described the Request For Proposal process. I Meeting 98-01 Page 6 J. Escobar said the effort to develop goals and draft the RFP had started in May or June and he thought things were going well. There has been lots of support from staff and he thought the two parties chosen would work well together. 8 P g J. Cyr said he appreciated the work that had gone into the process and said he thought the Board would get the information they needed. J. Escobar said they are also happy with the price and the bargaining unit is satisfied with what has happened so far. C. Britton agreed that they had made a good selection and said staff would return to the Board with a recommendation regarding the ad hoc committee. He described the activities and timing of the committee and said he assumed there would be a study session. He said the committee could come up with a recommendation on how to present the information, including progress reports, to the full Board. G. Baillie answered questions regarding the proposal, and said he did not know of any connections between the contractors and staff. C. Britton said the District is not obliged to follow the consultant's recommendation. S. Schectman said it is a resource and had no binding effect. G. Baillie said he thought they would propose options, not a single course of action. J. Escobar said that in order to save money, during negotiations they had agreed that progress reports would be in outline form instead of formal presentations. Board members were urged to let the President know if they were interested in serving on the committee. Motion: N. Hanko moved that the Board authorize the General Manager to execute the agreement for an amount not to exceed $63,538 with the Warner Group to conduct the Operations Program Review, and further authorize a contingency of$6,354 (10% of the Contract amount), if necessary to accomplish additional tasks identified as a result of the initial work done on the review; authorize the Board President to appoint an ad hoc Board committee at the next Board meeting to work with staff and the consultant to oversee the Operations Program Review by the consultant and provide input to the process; and determine that the ad hoc committee should be designated as compensable. D. Smernoff seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 -Approval Space District Substance Abuse Policy- (Report R-98-08) C. Britton noted that the revised recommendation was to review and comment on that staff will return to the h substance abuse policy with the understanding t es p y Meeting 98-01 Page 7 Board for final approval. Staff has undergone training and they hope to return to the Board for final approval in February. S. Schectman said that federal and state laws require that they have this policy. Union representatives have expressed appreciation for the fact that this strikes a good balance between protecting the public and employees from substance abuse on duty versus respecting rights of privacy of employees. D. Smernoff said he thought they needed to be more specific about periodic screening. He also said he thought the term"substantial damage" should be made more clear. S. Schectman said it is difficult to supply definitions and any policy will vest some discretion in supervisors after training to interpret it. Any decision or discipline imposed as a violation is subject to the grievance procedure. J. Escobar stressed that decisions following accidents will not be up an employee but at the discretion of a supervisor. The organization needs to train supervisors to see that discretion is consistent. Discussion followed regarding including an option for blood samples. S. Schectman said staff would look into that. Staff answered questions about random selection of employees for testing and the fact that they can pool with other groups. D. Smernoff said he thought it was important that that information be included in the policy. J. Escobar said there will be follow-up training for employees that are covered and they will know how the random process works. S. Schectman said the policy was intended to regulate on-duty conduct, but it could be revised to address social situations. She said staff would clarify paragraph 2 on page 2 regarding who in the District must be notified. She said all employees are provided with information about confidential access to counselors. F. Agenda Item No. 6-Final Adoption of the Preliminary Use and Management Plan for the Addition of Peninsula Open Space Trust Pronely to Purisima Creek Redwoods Open Space Preserve- (Report R-98-1 0). D. Woods presented the staff report, adding that trail use had been very low. He showed a diagram describing current and future signs. Motion: J. Cyr moved that the Board adopt the Preliminary Use and Management Plan recommendation contained in Report R-97-165, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve. K. Nitz seconded the motion. Y= The motion passed 6 to 0. 4 Meeting 98-01 Page 8 G. Agenda Item No. 7 - Appointment of Administration and Budget Committee for 1998 - , eport R-98-02) President B. Crowder appointed M. Davey and J. Cyr in addition to K. Nitz who was automatically on the committee by virtue of being elected treasurer. Motion: N. Hanko moved that the Board approve the appointment of M. Davey, J. Cyr and K. Nitz to the Administration and Budget Committee for 1998. D. Smernoff seconded the motion. The motion carried 6 to 0. VII. INFORMATIONAL REPORTS M. Davey announced there will be a May 15 event honoring Lennie Roberts for 20 years of service on the Committee for Green Foothills. She said she, M. Smith, and C. Britton had visited the offices of Jim Cuneen, Tom Campbell, and Byron Sher and had discussions with them or their staff members regarding the San Mateo Coastal plan. N. Hanko reported that the ad hoc coastal committee expected to report to the Board on February 11 regarding results of the poll. She asked S. Schectman if the court ruling regarding liability of skiers would affect the District's trail users. S. Schectman replied that they would have recourse against the person who injured them in most cases. B. Crowder said there would be a public hearing on the Castle Rock general plan next Friday and she would report back. C. Britton said staff will keep an eye on this and would make comments from staff standpoint unless the Board wanted to do something official. He said the District tries to work with adjoining agencies to make sure its trail uses are compatible. J. Escobar said the District has a good working relationship with state park staff there and he thought the first round of comment would be better handled by staff. K. Nitz attended the installation of Tom Heuning as President of the San Mateo County Board of Supervisors. He asked whether mushrooms can be collected on District property and was informed that J. Isaacs can be contacted about issuing a no fee permit. C. Britton reported as follows: 1. Picchetti tenants have notified staff that they have a party interested in acquiring the lease. 2. He met with Verl Clausen of the Sempervirens Fund and staff will make a presentation focusing on the Regional Open Space Study. 3. January 23 at 1:15 P.M. is the State of the District address for any Board member who would like to attend. 4. Sen. Boxer has scheduled a Town Hall Meeting on January 17 at Palo Alto High School Theater at 10:30 A.M. 5. In the FYIs there was an update on funding for San Mateo County Parks. 6. There was a letter to Sue Pino on her retirement from the Santa Clara Valley Water District. He mentioned that she had acted as the Secretary for the Special District Association of Santa Clara County for the last 20 years. 7. He described the Governor's proposed wildlife and parks bond act and said there are still lots of questions. Meeting 98-01 Page 9 Valley Water District. He mentioned that she had acted as the Secretary for the Special District Association of Santa Clara County for the last 20 years. 7. He described the Governor's proposed wildlife and parks bond act and said there are still lots of questions. J. Escobar announced that Annette Coleman was back at work after family care leave and said they were at full staffing level in Operations. C. Britton said the only staff vacancies District-wide are in Planning. S. Schectman said the Santa Clara Taxpayers Association has petitioned the California Supreme Court to review the open space authority victory in the appeals court. The authority has filed its opposition to the review and expects a decision by March. J. Escobar said that during the storm we lost a piece of Purisima Trail along the creekside. C. Britton added that the FEMA projects from two years ago are holding. VIII. ADJOURNMENT At 9:40 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary