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Home My Public Portal About19990324 - Minutes - Board of Directors (BOD) Regional Open Igace ------------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-09 SPECIAL (WORKSHOP)A F TLA MEETING BOARD OF DIRECTORS March 24, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:00 P.M. Members Present: Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens, and Deane Little. i Members Absent: Mary Davey and Nonette Hanko. Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Michael Williams, Mary de Beauvieres, Del Woods, Randy Anderson, Matt Freeman II. WORKSHOP Regional Open Space Study Workshop—Regional Open Space Study(ROSS)Financial Analysis and Geographic Information System(GIS)Presentation; Review and Comment on the Financial Analysis and GIS Information to be Presented by Staff, and Assign the Use and Management Committee to Meet Periodically with Staff to Review Overall Long Term Planning Goals and Progress. R. Anderson made the presentation and answered questioned. J. Cyr called the Regular Meeting to order at 7:50 P.M. Additional Personnel Present: Malcolm Smith, III. ORAL COMMUNICATIONS Candy Wozniak, Los Gatos, asked to speak regarding agenda item 9 because she had to leave before it would be considered. She said the trees do not appear to be a hundred years old and she did not understand the timber rights issue. She asked why the District did not buy the timber rights. C. Britton said he would contact Ms. Wozniak and answer her questions. IV. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 5 to 0. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 " FAX:650-691-0485 • E-mail: mrosd(r openspace.org • Web site: www.openspa(e.org Board of Dire(tw,:Pete Sie niens,.�.tary C. Davey,jed Cyr, Deane tittle,Nonette Hanko, Retry Crowder, Kenneth C'.Nitz •Goneral Alinaeer:L.Crtig liritton Meeting 99-09 Page 2 V. ADOPTION OF CONSENT CALENDAR J. Cyr asked that the reply to a written communication from Mr. Keith White, 18650 Overlook Road, Los Gatos, be amended as follows: Change the last sentence in paragraph four to read, "Trail users are responsible for keeping their speed within their control and within the posted speed limit." In regard to the response addressed to Users of Portola Park Heights Road, he said he would like to work on it with District legal counsel. D. Little suggested adding wording that addressed the trail erosion caused by bicycles braking. Motion: B. Crowder moved that the Board approve the Consent Calendar, including the reply to a written communication from Mr. Keith White, 18650 Overlook Road, Los Gatos, as amended; agenda item 12, Approval of Annual Claims List; and Revised Claims 99-06. P. Siemens seconded the motion. The motion passed 5 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 -Final_ Adoption of a Use and Management Plan_Amendment for the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open Space Preserve— jReport R-99451. M. de Beauvieres mentioned a letter in the packet in support of the Board action taken February 24. She said most closures will take effect in April and May. Sierra Morena trail will open immediately. Motion: B. Crowder moved that the Board adopt the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open Space Preserve. P. Siemens seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 2 - Adoption of the 1999-2000 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District—feport R-99-521. C. Britton touched on some of the changes, including the modified Land Acquisition Program. He said the Land Acquisition Manager position should be kept open, because if additional funding becomes available, we might need the position, but not at this point in time. C. Britton said buying a piece of property for the employee residence for Hicks Road is an option, but if it does not pan out staff will have the necessary permits to install a mobile or modular home. i M. Smith said staff will restart the process of contacting city councils, but did not plan to have VIP tours in the near future. Motio P. Siemens moved that the Board adopt the 1999-2000 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District. K. Nitz seconded the motion. Meeting 99-09 Page 3 i i Discussion: C. Britton informed B. Crowder that Santa Clara County was not mentioned on page 19, item 5 because they had never worked on a funding measure with the District as the other two agencies had. Vote: The motion passed 5 to 0. C. Agenda Item No. 3 -Approval of the Proper and General_Liability* Auto, Umbrella Liability'Fidelity bond- and Public Entity Errors and Omissions Insurance Bid Totaling $184-432 from Thoits-Flinn Gay&Herterich Insurance Brokers Based on the Quotations Shown on Exhibit A from Reliance, General Accident Insurance,_Firema_n's Fund Insurance, Chubb- and Stewart Smith West for the period of April L 1999 through March 31, 2000—(,Report R-99-44 D. Dolan reviewed the staff report and introduced Skip McIntyre from Thoits-Flinn Gray &Herterich Insurance Brokers. She said the 4.9 percent increase was in the liability area and reflected the growth in number of acres under direction of the District. She said the i vehicle cost is down, a reflection of how they are used and the safety record. i C. Britton said approximately 1800 acres were added to the District last year. I S. McIntyre said he would report to S. Schectman on how much was paid in premiums and what the total claims were. S. Schectman said she thought that for an agency this size, the actual claims pay-outs were small. S. McIntyre said there were five other carriers involved in the bidding. Motion: P. Siemens moved that the Board approve the property Yand general liability, auto, umbrella liability, fidelity bond, and public entity errors and omissions insurance bid totaling $184,432 from Thoits-Flinn Gray& Herterich Insurance Brokers based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund insurance, Chubb, and Stewart Smith West for the period of April 1, 1999, through March 31, 2000. K. Nitz seconded the motion. The motion passed 4 to 1 (D. Little voted no). Discussion: D. Little said he voted no because he would like to see more than two bidders on property and liability coverage. C. Britton provided background information, stating that as a result of a previous claim they did an inspection of all sites with Reliance. They have had excellent coverage and a good rate. Based on that information, D. Little asked that the record show his vote as yes. D. Agenda Item No. 4 - Approval of the Tentative Agreement with SEW Local 715 to Amend the Memorandum of Agreement to Provide a Three Point (3%) Cost of Living Adjustment Effective April L 1999 and Add a Categoly to All Bargaining Unit Performance Evaluations; Approval of a Three Point (3%) Cost of Living Ujustment f9r Office, Supervisory, and Management Classifications Effective April L 1999; and Approve the Position Classification and Compensation Plan Which Includes a Three- Point Salazv Rage A 'ustment for all District Classifications (Excluding Board Appointees)—ftport R-99-51). Meeting 99-09 Page 4 I I C. Britton reviewed the staffs recommendations. I Motion: P. Siemens moved that the Board approve the agreement with SEW Local 715 to amend the Memorandum of Agreement to provide a three point (3%) cost of living adjustment effective April 1, 1999, and to add a category to all bargaining unit performance evaluations; approve a three point (3%) cost of living adjustment for office, supervisory, and management classifications effective April 1, 1999; and approve the Position Classification and Compensation Plan, which includes a three point (3%) salary range adjustment for all District classifications(excluding Board appointees). K. Nitz seconded the motion. Vate: The motion passed 5 to 0. E. Agenda Item No. 5 -Approval of Budget for Fiscal Year 1999-2000 a. Administration and Budget Committee Report—(Report R-9940). P. Siemens presented the Budget CommitteeR Report. Motion: P. Siemens moved that the Board approve the proposed 1999-2000 PP budget and recommendations described in the staff report. B. Crowder seconded the motion. Discussion: K. Nitz said he was very happy with the guideline as stated and the graph depicting Operating Budget Analysis. However, he wanted to remove the portion of the actual growth line after 1998-1999. Following discussion, consensus was that the description of that line would be changed to read Average Actual and Projected Growth, and the line dashed after 1998-1999. D. Little said he was impressed with staffs work in preparing and presenting the budget, and he was comfortable with it. J. Cyr said he was impressed with the Budget Committee coming up with a last step in terms of guidelines. Vote: The motion passed 5 to 0. b. Staff Report—0&gport R-99-50). I C. Britton said the Budget Committee recommended approval and noted that this budget was based on projections by the controller. The budget showed $13 million in additional acquisition money. I Motion: P. Siemens moved that the Board adopt Resolution 99-08 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1999-2000. K. Nitz seconded the motion. The motion passed 5 to 0. Meeting 99-09 Page 5 i F. Agenda Item No. 6 -approval of the Addition of Four Administrative Office Staff Positions, and Reorganization of Administration,Planning- Operations. and Ar4 i i ion Programs - (Report R-9942.), C. Britton noted that the report represented hard work on the part of P. Coats and D. Dolan. Board action would implement the presentation made at the last meeting. All funding within the budget was approved. D. Dolan explained that the Human Resources Manager is no longer required to be a Notary Public because the Senior Administrative Analyst/District Clerk will have a Notary commission. J. Cyr asked that a correction be made to the Operations Manager job description. K. Nitz expressed concern about adding a layer of middle management with the addition of Assistant General Manager. C. Britton explained that it would not limit people's access to . P P P him. H would 1 e ou d still work with J. Es cobar in terms of working with Planning, Operations, erations etc. K. Nitz expressed concern about the addition of four new positions in non operational programs while only adding two new ranger positions. C. Britton said they hired two new OSTs last year. He said job descriptions are approved by the Board, noting there were changes in some job descriptions where there are no new people. I Motion: P. Siemens moved that the Board approve the following: • Replacement of the senior management specialist position with the senior acquisition planner position, and transfer it from the administration program to the acquisition program • Approve the senior acquisition planner job specification and assign it a salary range of Step Number 268-293 with a corresponding monthly salary range of$4,061 to $5,208. (No change in I classification or salary range.) • Approve the reclassification of the administration analyst to a senior administrative analyst/district clerk; approve the senior administrative analyst/district clerk job specification and assign it a salary range of Step Number 268-293 with a corresponding monthly salary range of$4,061 to $5,208 (former monthly salary i range of Step number 258-283, with a corresponding monthly salary range of$3,677 to $4,715). • Approve the creation and filling of the new assistant general manager position, and assign it to the operations program; approve the assistant general manager job specification and assign it a salary range of Step Number 268-293 with a corresponding monthly salary range of$5,754 to $7,383. (New position.) • Approve the creation and filling of a new land protection specialist I position, assign it to the acquisition program; approve the land protection specialist job specification and assign it a salary range of Step Number 258-283 with a corresponding monthly salary range of$2,954 to $4,715. (New position.) • Approve the creation and filling of a new half-time network specialist position, and assign it to the administration program; approve the network specialist job specification and assign it a I salary range of Step Number 236-261 with a corresponding monthly salary range of$2,954 to $3,788 (New half-time position.) I Meeting 99-09 Page 6 i i • Approve the increase of the existing planning secretary position i from half-time to full-time, and authorize filling the position. (Additional half-time position.) • Approve the addition and filling of a second planner H position. (New position.) j • Authorize the filling of the vacant planning manager job position. (Current vacant position.) • Approve revisions to the administrative services manager position, per the administration/human resources manager job specification. (Revision to existing position; no change in classification or salary range.) • Approve revisions to the operations manager position, per the operations manager job specification, and authorize filling the position. (Revision t existing o st position; no Chan in P (R 8 P change classification or salary range.) K. Nitz seconded the motion. Vote; The motion passed 5 to 0. G. Agenda Item No. 7 -Proposed Addition of Peninsula Open Space Trust Prol2em andSan Mateo County Tax Defaulted Proper y to Purisima Creek Redwoods Open Space Preserve;Determination that the Recommended Actions are Categorically Exempi from the California Environmental Quality Act;Determination that the Purchase of the San Mateo County T 199-Defaulted Proper is in Accordance with District Resolution 91-28 Dated June 26. Including Naming the Proppppea as an Addition to Purisima Creek Redwoods Open Space Preserve; Indicate the Intention to Dedicate the Parcels Lydng Westerly o es'gnated Preserve Boundary as Public Open Space; and Indicate the Intention to Withhold From Dedication the Parcels I yang Easterly of the Designated preserve Boundary—(t�eport R- 99-44). M. Williams reviewed the staff report. Motion: B. Crowder moved that the Board determine that the recommended actions as set out in the staff report are categorically exempt from the California Environmental Quality Act; adopt Resolution 99-09 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance With Respect Thereto (Purisima Creek Redwoods Open Space Preserve -Lands of POST; tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Purisima Creek Redwoods Open Space Preserve; indicate their intention to dedicate the parcels lying westerly of designated preserve boundary as public open space, as further explained in the staff report; and indicate their intention to withhold from dedication the parcels lying easterly of the designated preserve boundary as public open space, as further explained in the staff report. D. Little seconded the motion. The motion passed 5 to 0. H. Agenda Item No. 8-Proposed Exchange of Tunitas Creek Road Propelly for Addition of Peninsula Open Space Trust Property to Windy Hill Open Space Preserve; Meeting 99-09 Page 7 Determination that the Recommended Action are Categoricab Exempt from the California Management Pla& Including Naming the POST PropeM as an Addition to Windy Hill Open Space Preserve; Indicate the Intention to Dedicate the POST Propgily as Public i Open Space—(Report R-99-55). D. Woods presented the staff report and answered questions. Motion: P. Siemens 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 99-10 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Grant Deed for the Real Property Being Released, 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(Windy Hill Open Space Preserve-Lands of POST); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Windy Hill Open Space Preserve; and indicate their intention to dedicate the POST property as public open space. B. Crowder seconded the motion. The motion passed 5 to 0. I. Agenda Item No. 9 - Approval to Extend the Option to June 30- 1999 to Purchase all the Lands of Arlie Land and Cattle Company in Accordance with that Certain Agreement for Option and Purchase of Real Property Entered into on March 10, 1999 and Authorize the Expenditure of$250-000 as Payment for the Option Extension at the Final Discretion of the General Manager— eport R-99-56), C. Britton said approval would give him the option of seeking a 90-day extension. He said he probably would ask for the extension. D. Little said he thought this was a lot of money for a few acres. C. Britton said this property is so usable and so immediately available to the public, he didn't think there was any comparison. He didn't think they could look at any one parcel as exchanging value and aesthetics for any other parcels. K. Nitz agreed with D. Little and said he would vote against the proposal. He thought the land should be developed and this was not a good way to spend money. S. Schectman clarified that in addition to the value of the lower property, this would provide the preconditions to fee acquisition of the upper property P. Siemens said he would like to ensure that the District gets all the property and thought this was the best way to do it. He said if this is developed the urban area is extended and it will elevate the value of everything. He has been in contact with the Town of Los Gatos to see if they will pass a resolution of support. C. Britton noted that Los Gatos has given more money than any other community in the District. He will approach the state and county. i i Meeting 99-09 Page 8 B. Crowder agreed with K. Nitz regarding the price but thought the lower property has a great deal of value. C. Britton said he sees the money to acquire the balance of the property coming from private donations and state and county. D. Little said he would support the proposal since C. Britton was confident that it could be done. He still had reservations about spending money which could be used to purchase other lands. J. Cyr also had concerns, but thought this provided the possibility of combining private and public funds which was probably the only way it could be done. He also recognized that this was probably the only chance to protect an important piece of land. Motion: P. Siemens moved that the Board approve extension to June 30, 1999, of the option to purchase all the lands of Arlie Land and Cattle Company in accordance with that certain Agreement for Option and Purchase of Real Property entered into on March 10, 1999, and authorize the expenditure of $250,000 as payment for the option extension, at the final discretion of the General Manager. B. Crowder seconded the motion. The motion passed 4 i to 1 (K. Nitz voted no). J. Agenda Item No. 10-Approval of Payment to Louis Bordi neral Engineering in the Amount of$18.000 for Restoration of Monte Bello Road for the Black Mountain jCommunications Sites. Monte Bello and Rancho San Antonio Open Space Preserves and Determination That the Project is Categorically Exempt from the California Environmental Quality Act—(Report R-9946). Motion: P. Siemens moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA), based upon the findings contained in the staff report; approve payment for work done by Louis Bordi General al Engineering, and authorize a the General Manager to execute a purchase order in h g the amount of$18 000 for the P , restoration of Monte Bello Road for the Black Mountain communications I sites. B. Crowder seconded the motion. The motion passed 5 to 0. i i K. Agenda Item No. 11 - Acceptance of the 1997-1998 Legislative Program__Report and Adoption of the 1999-2000 Legislative Program—(deport R-9942). C. Britton reviewed the staff report and answered questions. Board members and staff discussed the requirement for an EIR for the coastal annexation. S. Schectman said they needed to be prepared for the most conservative approach. LAFCO will call the shots; the District will be able to respond to demands but is not the lead agency. Motion B. Crowder moved that the Board accept the 1997-1998 legislative program report, and adopt the 1999-2000 legislative program. P. Siemens seconded the motion. The motion passed 5 to 0. VII. INFORMATIONAL REPORTS Meeting 99-09 Page 9 J. Cyr: 1. He called attention to the updated list of staff and phone numbers. 2. He referred to the volunteer coordinator activity summary and said he appreciated the number of hours they give. He said he would like to see similar kind of thing in terms of encounters that resulted in a warning or citation broken down by preserve. M. Smith said he would provide it quarterly. K. Nitz said he and B. Crowder worked at Pulgas Ridge pulling exotic species. B. Crowder: 1. She referred to a an article in the Sonoma County Press Democrat that talked about David Hansen. 2. She had attended a State Park Foundation meeting and said they are looking for members. Rusty Areias is the new State Park Director. 3. She said there have been slides on upper Alpine Road on the east side of the creek. The County is suing the resident for ill activity. illegal act ty. She had called the creek management organization. 4. She had attended the State � of the Cityaddress for Palo Alto. 5. She h said the Tannin workshop for rural landowners planning e s and their families might be of interest to those who live on the coast. C. Britton: 1. The FYIs included an announcement of CCC Utility Day on April 1. He thought they would appreciate recognition from Board members. 2. He met with Tony Look and they are thinking about the second hundred years of the Sempervirens Fund. 3. He, D. Little, and P. Siemens met with Spvsr. Joe Simitian on issues such as park fees. 4. He had information about getting grants for electric vehicles. He said David Topley had a loaner. J. Escobar announced the names of two new rangers, Jennifer Menk and Carrie Sparks-Hart, who will start the first week of April and a third ranger, Jeff Smith, who will start at the end of the month. VIII. ADJOURNMENT I At 9:40 P.M., the meeting was adjourned. I I I Roberta Wolfe Recording Secretary I I I I