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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.
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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