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HomeMy Public PortalAbout19980923 - Minutes - Board of Directors (BOD) f RegionalOper. ,pace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-20 REGULAR.AR AND SPECIAL MEETINGS BOARD OF DIRECTORS September 23, 1998 MINUTES I. ROIL. CALL President Betsy Crowder called the meeting to order at 6:37 P.M. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Ken Nitz, Peter Siemens, and Betsy Crowder Members Absent: None Personnel Presente Craig Britton, Sue Schectman H. CLOSED SESSION B. Crowder 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 6:37 P.M. and the Closed Session commenced at 6:38 P.M. The Board concluded the Closed Session at 7:30 P.M. and B. Crowder called the Regular Meeting to order at 7:35 P.M. She noted that no reportable actions had taken place in Closed Session. Present*Additional Personnel Randy Anderson, Malcolm Smith, Michael Williams, Deirdre Dolan, John Escobar, John Cahill, and Michael Newburn III. ORAL COMMUNICATIONS Michael Newburn, representing the Midpeninsula Rangers Peace Officers Association, presented background information and objectives of the organization. He said each uniformed field ranger is eligible to join the Association which is affiliated with the Peace Officers Research Association of California (PORAC). He described the benefits of membership and explained the difference between PORAC and the union. 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 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 . 1 r Meeting 98-20 Page 2 Harry Haeussler, 1094 Highlands Circle, Los Altos, asked why rangers called the Sheriff instead of making an arrest when they find someone violating the law. S. Schectman said there would be a workshop on September 28 where there will be a discussion of the Operations Program that would probably answer Mr. Haeussler's questions. She said rangers enforce District land use regulations on the preserves and a limited number of other penal code infractions, but it was up to the County Sheriff to enforce State penal code laws. This is out of concern for ranger safety and public safety. M. Newburn said that to reach their goal of promoting good citizenship of the youth in the community, the Association would teach them to respect open space. He gave the Board a booklet listing other groups who were part of PORAC, noting that they were mainly law enforcement organizations. IV. SPECIAL ORDER OF THE DAY Resolution Honoring David Smernoff, Director Ward 4. Motion o M. Davey moved that the Board approve Resolution 98-34 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending David Smemoff. N. Hanko seconded the motion. The motion passed 6 to 0. V. ADOPTION OF AGENDA Motion; J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR In regard to the reply to Mr. Haeussler, N. Hanko said it is the Board's responsibility to use the microphones properly and make sure the audience can hear them. Motion* N. Hanko moved that the Board adopt the Consent Calendar, including approval of the minutes of the September 9, 1998 Regular and Special meeting; reply to a written communication from Mr. Harry Haeussler, 1094 Highlands Circle, Los Altos; and Revised Claims 98-17. J. Cyr seconded the motion. The motion passed 6 to 0. VII. BOARD EUSINESS A. Agenda Item No. 1 - Proposed Addition of Grainger, Et Al. Property to Monte Bello Q= Space Preserve; Determination that the Recommended Actions are Categorically Emmpt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Pronert; as an Addition to Monte Bello Open Space Preserve; and Indicate Their Intention to Dedicate the Prosy as Public Open Space - ($sport R-98-1141. Meeting 98-20 Page 3 .+r M. Williams located the property on a map and showed slides. He pointed out the location of the tree farm in relationship to the property. He said the property would be leased back to the sellers for a year on a rent-free basis as part of the acquisition transaction. C. Britton said that depending on the recommendation coming out of the study on possible agricultural use of the property, it could go to the Acquisition and Enterprise Committee. He said possible agricultural use could be an extension of the tree farm or vineyards, but noted that vineyards had not been successful there in the t Y � Y past, PAY because of the marginal output of the well. There are no grapes there now. M. Williams talked about the agricultural use of the building itself in conjunction with the tree farm. He said they have contemplated bringing the new Picchetti tenant and other wineries in the area to look at the building and barrels. N. Hanko said she would like to tour the site and look at the buildings, noting that this is an important addition to the preserve. M. Williams talked about improvements to the barn structure. C. Britton said that would be a part of the study of possible agricultural uses. M. Williams outlined the terms and conditions of the acquisition. Motion: N. Hanko 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 98-35 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 (Monte Bello Open Space Preserve - Lands of Grainger, Et Al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Monte Bello Open Space Preserve; and indicate their intention to dedicate the property as public open space. P. Siemens seconded the motion. Discussion: C. Britton noted that formal dedication of the property probably wouldn't take place until December 1999 after they have had a chance to look at the property. Vote: The motion passed 6 to 0. B. Agenda Item No. 2 - Proposed Second Amendment to Purchase Agreement for Acquisition of Undivided One-Half Interest in the Nead Et I. Property as an Addition to Long Ridge Qpcn Space Preserve - (Report R-98-119) Meeting 98-20 Page 4 M. Williams presented staff's recommendation, and said that the Meklers have until October 25 to exercise the right of first refusal. C. Britton added that since the Board approved the purchase, Save the Redwoods League has said they are willing to pay half of the costs. M. Williams said the Meklers are not interested in selling at this time. Motion: P. Siemens moved that the Board adopt Resolution 98-36 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of a Second Amendment to Purchase Agreement, and Authorizing General Manager to Execute Any and An Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Nead, Et Al.). K. Nitz seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 - Election of SecrcLja for Mid=insula Regional Q= Sna District Board of Directors - (R=rt R-98-1181. D. Dolan reviewed the staff report. N. Hanko nominated P. Siemens for Secretary of the Board of Directors. J. Cyr seconded the nomination. Motion* N. Hanko moved that nominations be closed. J. Cyr seconded the motion. The motion carried 6 to 0. D. Dolan distributed ballots. Board Members cast their ballots and D. Dolan announced that six votes had been cast for P. Siemens. D. Agenda Item No. 4- ApWication to Habitat Conservation Fund Program for Addition to Lobitos Creek Headwaters EWject and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act - (Dort R- 98-116) C. Britton described the four grants previously received from the Fund and the two parcels proposed for acquisition. He pointed out where the properties are located and said the application is more precise than the map. He said the road up Irish Ridge to Bald Knob is used by those properties and the District as access. He said there are houses on large parcels on Irish Ridge Road, and a residence on the other side of the creek. Motion* N. Hanko 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, and adopt Resolution 98-37 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds for the Local Agency Grant Program - Fiscal Year 1998-1999 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the V F Meeting 98-20 Page 5 Following Project: Lobitos Creek Headwaters Addition (Peery Property Acquisition). J. Cyr seconded the motion. Discussion: In answer to questions about the value of the land, C. Britton said the POST land appraised at over $1 million but they agreed to sell for the grant amount. Vote: The motion passed 6 to 0. E. Agenda Item No. 5 - Notice of Contract Completion for Landscape and Spillway Repair Proi=t, Thornewood Open Space Preserve and Authorization for th_e President or Other App=riate Officer to Execute the Notice of Completion of Contract and Acceptance of Work for the Landslide Repair apject - eport R-98- 115). J. Cahill presented the staff report noting that staff will complete planting and erosion control and a contractor will remove the trees. He said there are no swans on the lake. A volunteer event is planned on October 2 to do the planting. He showed slides of the repairs. R. Anderson talked about the liability insurance provided by the engineer and said they thought the dam was sound. S. Schectman explained that if the repairs failed from defective design the engineer's professional liability insurance would respond. If it was due to defective construction, it would be the contractor's insurance. She said there is usually a one-year warranty on workmanship. After that or if an act of nature caused the failure, the District's insurance would be in effect. R. Anderson said the total construction costs mentioned in the staff report did not represent the cumulative amount for the project. Motion: M. Davey moved that the Board authorize the President or other appropriate officer to execute the Notice of Completion of contract and Acceptance of Work for the landslide repair project. J. Cyr seconded the motion. Discussion; Michael Marshall, Los Altos, expressed concerns about cutting the madrone trees, stating that he found them very attractive. J. Cahill said if the madrone trees were anywhere else he would agree but they are in the dike structure and if they fell when the ground was wet it would weaken the structure. J. Escobar said the District has a number of dams that are under the auspices of the State Office of Dam Safety. It is common practice to remove brush and trees from earthen dams for maintenance. yam: The motion passed 6 to 0. F. Agenda Item No. 6 - Approval of Meritorious Pay Award for the District Legal Counsel - ($eport R-98-113). Meeting 98-20 Page 6 P. Siemens asked if there were any questions regarding the Ad Hoc Board Appointee Evaluation Committee recommendations. Motion* M. Davey moved that the Board approve a 5%, meritorious pay award for the District Legal Counsel, and adopt Resolution 98-38 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving a 5% Meritorious Pay Award for the District Legal Counsel in an Amount of$3,182.50. K. Nitz seconded the motion. Discussion: N. Hanko noted that she had not served on the ad hoc committee but supported their recommendation very strongly. Vote: The motion passed 6 to 0. VIII. INFORMATIONAL REPORTS M. Davey said she had been reminded of the Jasper Ridge Biological Preserve event on October 2. N. Hanko reminded Board Members about the Deer Hollow Farm Dinner on October 4 and encouraged them to attend. B. Crowder said she had gone to the Bay Area Open Space Council meeting with M. Davey and C. Britton. The Nature Conservancy did a presentation about studies of the ecology of Central California, specifically the Mt. Hamilton area. She said she had handed out literature on the coast side, and people were very receptive. N. Hanko clarified that Board Members can do this on their own time. B. Crowder had an invitation to the Trail Blazer race on October 11 sponsored by Friends of Stevens Creek Trail. She also talked about the East Bay Regional Parks ballot measure which would bring in $8 a year per household to support maintenance and operation of their preserves. She announced a party for D. Smernoff on Friday, October 16, 6:00 p.m. J. Cyr said he enjoyed participating in the staff recognition dinner. C. Britton reported as follows: 1. The FYIs contained a draft of the letter to agency stakeholders regarding the Revised Basic Policy, letters in support of the grant request to the Packard Foundation, and a memo from Mike Williams about the TCI site on Black Mountain. 2. He said the staff appreciation event was very much appreciated by staff. 3. Art O'Neal conducted Influencing Skills training with new employees on Wednesday, Thursday, and Friday morning. Alan LaFleur also attended and enjoyed the class. On Friday afternoon staff representatives began working on developing performance evaluation standards for supervisors. 4. As a follow up to The Nature Conservancy presentation on Mt. Hamilton, he went to a meeting at Almaden County Park with J. Isaacs and R. Anderson. He asked if TNC would host the same meeting and talk about the San Mateo Coast. They met at La Casa Grande in New Almaden, and he had received an invitation to the dedication on October 17. It is the second oldest building in Santa Clara County. 5. There will be a League of Conservation Voters meeting at the home of Gloria Duffy, CEO of the Commonwealth Club. �t Meeting 98-20 Page 7 J. Escobar: 1. He said the District is hosting State Park and Fish and Game representatives tomorrow for a meeting to discuss feral pigs. 2. In answer to Mr. Haeussler's question, he said that in terms of ranger positions there are a wide variety of duties throughout the state. He said the District's model is the most common design, but other designs can include duties that require firearms. He said he felt that rangers fill the niche between emergency services (fire, medical and Sheriffs office). To require rangers to make arrests would require firearms and they would need to be away from the site when they transport subjects to jail. He said physical arrests on District property are infrequent and to keep the skills up, training would take more time than that they would spend making arrests. 3. He commented that Deer Hollow Farm is in the third year of a three-year agreement and the Deer Hollow Farm dinner on Sunday, October 4 would be a chance to communicate the District's interest in continuing the ro ram. P g M. Smith said he would show a video of the BayArea Back Roads segment that aired last g Saturday. M. Davey talked about the program and honorees at the Hidden Villa event and said it was a success. It was announced that the had raised half of the $6 million for the endowment Y w ent and capital funds. IX. ADJOURNMENT At 9:00 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary