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MII3PENINSU4A REGIONAL OPEN SPACE DISTRICT
Meeting 00-01
REGULAR MEETING
BOARD OF DIRECTORS
January 12, 2000
CORRECTED MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 7:33 P.M.
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Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane
Little, and Betsy Crowder(7:35 P.M.).
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Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, John Escobar, Randy Anderson, Malcolm Smith,
Deirdre Dolan, and Thomas Fischer.
H. ORAL COMMUNICATIONS
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May Koski, 22030 Regnart Road, Cupertino, described the parking situation along Regnart Road
near the entrance to Fremont Older Preserve. She read from the Land Use and Management Plan
1 no parking on Regnart Road. She suggested that No
that stated that there should be p g g ggParking" I
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signs be posted and enforced, and that the District's maps indicate there is no parking there.
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J. Escobar said Regnart Road is not in the District's jurisdiction so they cannot post signs.
C. Britton suggested that Ms. Koski work with her neighbors and write letters or send a petition
to the City of Cupertino.
Gene Piper, 16755 Littlefield Lane, Los Gatos, site director for the Bay Area Paragliding
Association, asked about the procedure for obtaining a temporary permit for paragliding at Sierra
Azul Preserve near Almaden. R. Anderson will contact Mr. Piper.
I11. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the motion.
The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
Staff answered questions about why there were no Visa charges on the claims, and what supplies
had been purchased from Big Creek (Claim #1010). It was noted that Big Creek has a retail
lumber yard.
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B. Crowder removed the reply to a written communication from Robert Schwier, 2626 Glad
Drive, Santa Clara.
Motion: P. Siemens moved that the Board adopt the Consent Calendar, including approval
of the minutes of the November 10, 1999, Regular Meeting; the November 17,
1999 Special Meeting; and the December 15 1999 Special and Regular
Meetings; agenda item 6, Approval of Consulting; Services Agreement for 2000
with Legislative Consultants Heim, Noack Kelly & Spahnn; Authorization for the
General Manager to Execute an Agreement with Heim, Noack, Kelly & Spahnn
for Calendar Year 2000 Legislative Consulting Services in Sacramento; agenda
item 8, Authorization to Change District's Designation of Authorized Signatories
for Checking Accounts; Adoption of a Resolution Amending; Rules of Procedure
Regarding; Financial Instrument Signatories; Adoption of a Resolution
Establishing Signatories for Payroll Checking Account (Mid-Peninsula Bank);
Adoption of a Resolution Authorizing Telephone Withdrawals, Deposits and
Wire Transfers (Mid-Peninsula Bank); Adoption of a Resolution Establishing
Financial Instrument Signatories of the District for Santa Clara County Accounts;
agenda item 9, Authorization to Solicit Bids for Five Fire Pumpers for District
Patrol Vehicles; and Revised Claims 2000-01. K. Nitz seconded the motion. The
motion passed 7 to 0.
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V. WRITTEN COMMUNICATIONS
B. Crowder asked that the reply to a written communication from Robert Schwier, 2626 Glad
Drive, Santa Clara, be amended to add a sentence stating that the District rangers patrol on
bicycles as well as on foot.
Motion: P. Siemens moved that the Board approve the reply as amended. K. Nitz
seconded the motion. The motion passed 7 to 0.
VI. SPECIAL ORDER OF THE DAY
Adoption of a resolution supporting Proposition 12.
Motion: B. Crowder moved that the Board adopt Resolution No. 00-01, Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District Supporting
Proposition 12 The Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000, on the March 7, 2000, Ballot. N. Hanko
seconded the motion.
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Discussion: N. Hanko said the subject of Propositions 12 and 13 came up among people on
the coast who were interested in how the District might fund acquisitions on the
coast. She said she would like to see a copy of the resolution sent to those people
to gain their support in passing the measures.
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S. Schectman outlined the legal restraints on what the District can do in
advocating a measure. She said they could adopt a resolution of support and
propose a press release.
M. Davey noted that Peter Druckmeyer had been retained by PCL to be the state-
wide coordinator for supporting Proposition 12. There will be a public meeting
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for elected officials and leaders, and Board members will be invited to that.
Vote: The motion passed 7 to 0.
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VH. BOARD BUSINESS
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A. Agenda Item No. I-Election of Board Officers for 2000—(Report R-00-01)
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J. Cyr called for nominations for President of the Board.
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B. Crowder nominated K. Nitz. M. Davey seconded the nomination.
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jMotion: M. Davey moved that nominations be closed. B. Crowder seconded the
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motion. The motion passed 7 to 0.
jBoard members cast their ballots, and D. Dolan announced the unanimous election of K.
Nitz, who assumed the President's seat on the dais.
Board members expressed appreciation for J. Cyr's outstanding job as President, and B.
Crowder presented a gift to him. K. Nitz said he appreciated the Board's confidence in
electing him President.
for Vic r nominations o e President.
called for 0 K. Nitz
B. Crowder nominated P. Siemens. D. Little seconded the nomination.
Motion: J. Cyr moved that nominations be closed. M. Davey seconded the motion.
The motion passed 7 to 0.
Board members cast their ballots, and D. Dolan announced the unanimous election of P.
Siemens.
K. Nitz called for nominations for Treasurer.
P. Siemens nominated M. Davey. N. Hanko seconded the nomination.
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Motion: J. Cyr moved that nominations be closed. P. Siemens seconded the
motion. The motion passed 7 to 0.
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Board members cast their ballots, and D. Dolan announced the unanimous election of M.
Davey.
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K. Nitz called for nominations for Secretary.
N. Hanko nominated B. Crowder. J. Cyr seconded the nomination
Motion: P. Siemens moved that nominations be closed. N. Hanko seconded the
motion. The motion passed 7 to 0.
Board members cast their ballots, and D. Dolan announced the unanimous election of B.
Crowder.
B. Agenda Item 2 - Adoption of a Resolution Urging, Stanford University to Define Future
Land Use and Provide for Long,-Term or Permanent Protection of Critical Open Space
Areas in its Community Plan—(Report R-00-14).
R. Anderson noted that N. Hanko, B. Crowder, and M. Davey had composed the
resolution.
Regarding the first recommendation on the second page of the resolution, N. Hanko
noted that Stanford had never set aside any land as permanent open space. Although
Stanford wants to be recognized as a city, they have no open space element. The county
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has not requested an open space element as part of their plan. This is an attempt on the
part of the county, and supported by the surrounding communities, to make it clear that
Stanford has the same requirements in regards to open space and other elements of the
plan as a county or private developer. They have recommended that there be open space
mitigation for all development that has occurred in the past and that is going to go ahead
in the core area. Palo Alto has been supportive of Stanford's development in the core
area but has been clear in their comprehensive plan that they wish to preserve the
foothills of Stanford. In 1997 and 1998 they adopted an urban growth boundary which is
different from an urban service area boundary. She showed maps depicting those
boundaries. She said the urban growth boundary needs to be recognized by the county
which corresponds to Palo Alto wishes on the edgeY of their community. She talked about
the beauty of the area known as Coyote Hill which is being used by the Ramos family,
former owners of the land. She explained why they had made the second
recommendation, noting that because of the nature of the foothills, there should not be
blanket approval of any development as there had been in the past. Stanford is the only
property owner that has such an approval. She told the history of some of the
development in the industrial park.
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B. Crowder said one major concern was preserving a wildlife and riparian corridor from
Jasper Ridge, a biological preserve in San Mateo County through Stanford lands and to
district lands in Santa Clara County.
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M. Davey said the resolution was the culmination of more than a year of meetings and
study and participation by many people. She said if Terry Trumbull of the County
Planning Commission and Supervisor Joe Simitian had not taken an interest, it would not
have been brought to the public's attention. She said there had been 22 meetings. The
resolution makes it clear that this is a regional resource. By having it open for the last
century, Stanford has raised our expectations that it can be used as open space, and now
has the opportunity to make it permanent open space. Their hope is that it will be
through a permanent easement that runs with the land. They hope that because it is a
unified group that the county will make sure it happens in the community plan.
Motion: M. Davey moved that the Board adopt Resolution No. 00-02, Resolution
of the Board of Directors of Midpeninsula Regional Open Space District
Urging Stanford University to Offer, and Santa Clara County to Require,
Permanent Protection of Significant Open Space Areas in the Stanford
University Community Plan. N. Hanko seconded the motion.
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Discussion: Discussion followed regarding making the language of the resolution
stronger. C. Britton stated he felt that the Stanford land was the most
important open space in the District. He said it was in Stanford's best
interest to have permanent open space and it was important that the
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District take a strong position.
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B. Crowder recognized the initiative of T. Trumbull and J. Simitian and
said this was the first time public officials had taken a firm stand.
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Harry Haeussler, 1094 Highlands Circle, Los Altos, said the land Stanford
has is their land. He said he believed in the ownership of land and the
ability to do with it as you please. He said Stanford is an educational
institution, not a philanthropic institution, and if the District wants the land
to be open space, they should buy it. He expressed opposition to the
resolution.
Terry Trumbull responded to comments. He said Stanford currently has
12 million square feet of buildings and are proposing an additional 4
million square feet, about a one-third increase in the size of the campus.
Stanford is largely being given the kind of growth they would like to have.
The county has required, and the public has been asking for, a wide
variety of responses to adapt to that growth, including open space. He
expressed appreciation to the District. He recounted the history of the
plan, noting that what Stanford proposed was for the life of the plan which
was ten years. He referred to the report on the plan from Paul Romero,
Acting Director of the Environmental Resources Agency. He added that
he thought the District's resolution was critical.
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May Koski told why she thought growth was necessary. She wondered
why the resolution did not include increasing the space of the biological
preserve. She thought it should be left as an area that could be
ecologically studied and managed by the university.
C. Britton clarified that they were talking about an open space easement,
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easement.
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D. Little responded to the comments regarding private property rights.
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Eric Burtick, 275 Hawthorne, Palo Alto, supported the idea of an
easement. He said the dish area which encompassed the majority of the
area under discussion, was second only in popularity to Rancho San
Antonio Open Space Preserve. It is in effect a park, but Stanford has
never recognized that it is being used as a park. He said public support
would be greater if they continue to have access to the property.
P. Siemens suggested making the language of the resolution stronger.
Following discussion, the following wording was proposed:
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Page 2, second paragraph. to read as follows: "Provides permanent
protection of open space areas in sufficient proportion to mitigate the
significant cumulative impact . . ."
Page 2, fifth paragraph, to read as follows: "Requires the discretionary
review of current and future projects under 5,000 square feet in areas
outside the core campus." The maker and seconder of the motion
accepted the amendments.
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Vote:
Themotion passed 7 to 0
C. Agenda Item No. 3 - Award of Contract(Listing Agreement) for Real Estate Marketing
Services to Procure a Tenant for the Vacant Office Space at 330 Distel Circle, Los Altos;
Authorization for the General Manager to Enter into a Contract with BT Commercial
Real Estate in an Amount Not to Exceed $26.455 ayable as a Commission Upon
Completion of a Fully Executed Lease Agreement) for the Marketing,. Ne otg iating and
Procurement of a Tenant for the Vacant Office Space at 330 Distel Circle, Los Altos -
(Report R-00-09).
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T. Fischer presented the staff report.
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Motion: M. Davey moved that the Board authorize the General Manager to enter
into a contract with BT Commercial Real Estate, in an amount not to
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exceed $26,455 (payable as a commission upon completion of a fully
executed lease agreement)for the marketing, negotiating, and procurement
of a tenant for the vacant office space at 330 Distel Circle, Los Altos. J.
Cyr seconded the motion.
Discussion: T. Fischer answered questions about the commission rate and why staff
would not be doing the work. He noted that it was very time consuming,
and using the contractor would be much more efficient.
Vote: The motion passed 7 to 0.
D. Agenda Item 4 - Approval of Release for Pacific Gas and Electric Company from the
Permit to Enter Conditions for the Metcalf-Manta Vista Conductoring Project;
Authorization for the General Manager to Execute a Release Allowing the District to
Relieve Pacific Gas and Electric Company and its Contractors from Conditions Agreed to
in the Permit to Enter for the Metcalf-Monts Vista Conductoring Project for the
Compensation Amount of$50 000—(Report R-00-09)
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R. Anderson reviewed staff recommendations, noting that this would be budgeted for
next year and some work would be done by field staff..
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Motion: P. Siemens moved that the Board authorize the General Manager to
execute the Release allowing the District to relieve Pacific Gas and
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Electric Company and its contractors from conditions agreed to in the
Permit to Enter for the Metcalf-Monta Vista Conductoring Project for the
compensation amount of$50,000. B. Crowder seconded the motion. The
motion passed 7 to 0.
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E. Agenda Item 5 — Appointment of Administration and Budget Committee for 2000 —
&Report R-00-03).
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In addition to M. Davey, Treasurer, K. Nitz appointed J. Cyr and P. Siemens.
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F. Agenda Item 7 -Renewal of Investment Authority and Annual Statement of Investment
Police Adoption of Resolution to Extend the Controller's Investment Authority until
January 15, 2001 —(Report R-00-02).
C. Britton noted changes and corrections to the staff report. He said the second sentence
needed changes as several months ago, staff placed $15 million in several direct
investments through Midpeninsula Bank. In addition, there is a $460,000 treasury note in
the District's name which is held by the County. He said the $15 million invested
through the bank is drawing 5.9% interest and County pool fund is at 5.43%.
Motion: P. Siemens moved that the adopt Resolution No. 00-03, Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
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Adopting a Statement of Investment Policy and Authorizing the Controller
to Invest Surplus Funds Allowed by Government Code. J. Cyr seconded
the motion. The motion passed 7 to 0.
VI I. INFORMATIONAL REPORTS
B. Crowder: 1. Referring to the activity report, she expressed concern about the fact that more
than one-third of dogs were off leash. C. Britton said the answer was to increase the density of
patrol. The cumulative incident reports for the year would be coming out soon, and then might
be a good time to look at those reports and refer them to the Use and Management Committee.
2. She mentioned that in the docent newsletter, there was an announcement of a docent field trip
to see the albino redwoods. She did not think there should be public tours of that area. M. Smith
said that newsletter only went to docents. 3. The Bay Area Ridge Trail Committee had a party
for retiring Field Manager, John Bailey.
J. Cyr referred to the article in the San Jose Mercury News recognizing N. Hanko's
contributions.
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N. Hanko reported on the last meeting of the Coastal Advisory Committee and said they would
n Rich Gordon
coming to the District asking permission to complete their work and disband. c G
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and C. Britton met with the consultant to discuss how the remaining charges would be
completed. The committee hoped the consultant would carry forward with the work. The
h it would be a good idea
consultant would be visiting the major stakeholder groups. She thought g
if Board members attended those meetings. She asked if the ad hoc committee should continue.
C. Britton said that could be considered at the Board's next meeting.
M. Davey: 1. She said the motion to disband the CAC passed 11-1-1. 2. She attended the
swearing in of new Palo Alto council member and mayor on January 10. One of the new
mayor's goals was preserving open space.
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C. Britton: 1. He will be attending the Proposition 12 and 13 workshop on January 19. 2. The
State of the District message will be delivered on January 28. 3. He said staff would like to have
an orientation for Board officers. He said they are modifying the Board binders. 4. He asked
that Board members contact staff about their calendars.
S. Schectman: 1. Next Thursday is the hearing on the motion to dismiss the Arlie and Los Gatos
Country Club lawsuit. 2. The Diesel restitution hearing had been continued. 3. The District
won, on summary judgment, the Picha civil rights lawsuit improper arrest of a bicyclist. It has
been fully covered by the District's insurance company.
J. Escobar: 1. Regarding the agreement about feral pigs, Fish and Game has decided not to
allow joint agreements. 2. He said they were unsuccessful in filling the Operations Manager
position and will restart the process. 3. The CCC had withdrawn their interest in the buildings at
Bear Creek Redwoods. 4. J. Isaacs and G. Baillie were on vacation. 5. Staff will be working
Meeting 00-01 Page 9
on the general permitting system for Bear Creek Redwoods in February. He talked about
parking at the preserve.
M. Smith said he would notify Board members of the media training schedule.
IX ADJOURNMENT
At 10:00 P.M. the meeting was adjourned.
Roberta Wolfe
Recording Secretary