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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
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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
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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
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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.
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M. Smith said he would show a video of the BayArea Back Roads segment that aired last
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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