HomeMy Public PortalAbout20000628 - Minutes - Board of Directors (BOD) Rqatonal Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-16
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
June 28, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Kenneth C. Nitz called the meeting to order at 6:05 P.M.
Members Present: Mary Davey, Jed Cyr, Kenneth C. Nitz, Betsy Crowder, Peter Siemens,
Nonette Hanko, and Deane Little. Directors Davey, Little and Siemens arrived during the
closed session. (Little 6:07 P.M., Siemens 6:10 P.M., Davey 6:45 P.M.)
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Del Woods, Mike Williams and Duncan
Simmons.
If. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items 1, 2, and 3.
The Board recessed to Closed Session at 6:05 P.M. and the Closed Session commenced at 6:05
P.M. The Board concluded the Closed Session at 7:32 P.M.
REGULAR MEETING
III. K. Nitz noted that no reportable action had taken place in Closed Session, and called the Regular
Meeting to order at 7:34 P.M.
Additional Staff Present: Dennis Dart, Deirdre Dolan, John Cahill, Gordon Baillie, Thomas
Fischer, Matt Freeman, Stephanie Jensen, and Jenny Preciado.
IV. ORAL COMMUNICATIONS — None.
330 Distel C irele * Los Altos, CA 0402 7-1404 * Phone.. 050 691 1200
FAX: 050-691-0485 * E-mail: iiiros(l@or)eiist).i(e.org - Web site:www.oI)ensPace.org �
Board of Di ec tors.Pet(',—Sion en ,Mar C. Dave ted(; r, Deane Little, Ro �-B- y _ y, y nette Hanko, BeisyCrowder, Kenneth C. Ritz . General Manager:t Craig Britton
Meeting 00-16 Page 2
V. SPECIAL ORDER OF THE DAY
Members of Girl Scout Troop 1164 led those present in the Pledge of Allegiance. J. Preciado,
co-leader of the troop, introduced the Troop members and the co-leaders present.
VI. ADOPTION OF AGENDA
C. Britton removed Item 2, Approval of License Agreement Providing Big Creek Lumber
Company the Right of Access Across District Owned Land at Bear Creek Redwoods Open Space
Preserve; Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quali!y Act (CEQA) as set out in the Report; Authorize the General
Manager to Execute the License Agreement with Big Creek Lumber Co. for access at Bear Creek
Redwoods Open Space Preserve, from the agenda.
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
VII. ADOPTION OF CONSENT CALENDAR
C. Britton answered questions about claims 2080, 2081, 2111, 2112, 2098, and 2122.
The following corrections were made to the May 24 minutes:
Page 2, first line, M. Davey instead of N. Hanko.
Page 2, last paragraph, correct spelling of Andy Fenselau.
Page 3, fifth paragraph, replace the word "approved" with the word "received."
Page 4, item 3, include D. Little's remarks strongly supporting the proposal.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of
the minutes of May 22, 2000 Special Meeting and the May 24, 2000 Regular
Meeting, as amended; agenda item 9, Final Adoption of an Amendment to the
Use and Management Plan for El Corte de Madera Creek Open Space Preserve to
Permanently Reroute the Virginia Mill Trail; agenda item 10, Authorization to
Change District's Designation of Authorized Signatories for District General and
Payroll Accounts-, agenda item 11; Cancellation of July 12 Regular Board
Meeting and Scheduling of a Special Meeting of the Board of Directors for July
12, 2000; Cancel your July 12, 2000 Regular Meeting; Schedule a Special Board
Meeting for Wednesday, July 12, 2000 at 7:00 p.m. at the Palo Alto Elk's Lodge,
to consider final adoption of amendments to the District Trail Use Policy an
Final Adoption of Amendments to'the Use and Management Plans for Affected
Preserves; and Revised Claims 00-11. B. Crowder seconded the motion. The
motion passed 7 to 0.
Meeting 00-16 Page 3
VIII. BOARD BUSINESS
A. Agenda Item No. I - Presentation by the Santa Clara Valley Water District on Their
Proposed Clean, Safe Creeks and Natural Flood Protection Program - (Report R-00-93).
C. Britton introduced Jim Fiedler, Deputy *Chief Operating Officer of the Water
District's Watershed Management Division. Mr. Fiedler presented information on the
program and asked for District support for placing it on the November 2000 ballot.
The item will be on the July 26 agenda for action.
B. Agenda Item No. 2 - Approval of License Agreement Providing Big Creek Lumber
Company the Right of Access Across District Owned Land at Bear Creek Redwoods
Open Space Preserve; Determine that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act (CEQA) as set out in the Report;
Authorize the General Manager to Execute the License Agreement with Big Creek
Lumber Co. for access at Bear Creek Redwoods Open Space Preserve - (Report R-00-
91).
This item was removed from the agenda.
K. Nitz moved to agenda item 5.
C. Agenda Item No. 5 - Approval of Workers' Compensation Insurance Coverage for the
Period of June 29, 2000 through June 28, 2001 at an Estimated Cost of $130,386;
Approve the Workers' Compensation Insurance Bid Totaling $130,386 from State
Compensation Insurance Fund for the Period June 29, 2000 through June 28, 2001
Report R-00-90.
D. Dolan reviewed the staff report. Dennis Rodeen, broker with Boring, Johndrow,
Leveroni, Vreeburg, Inc., talked about the bidding process in detail.
Motion: J. Cyr moved that the Board approve the workers compensation
insurance bid totaling $130,386 from State Compensation Insurance
Fund for the period June 29, 2000 through June 28, 2001. N. Hanko
seconded the motion.
Discussion:. Mr. Rodeen explained loss control and said his company was also
involved in monitoring claims.
Vote: The motion passed 7 to 0.
D. Agenda Item No. 3 - Acceptance of a Real Estate Sales Agreement with Robert and J.
P. Puette for the Sale of Surplus Land within the Mt. Umunhum Area of the Sierra Azul
Open Space Preserve; Determine that the Recommended Actions are Categorically
Meeting 00-16 Page 4
Exempt from the California Environmental Quality Act (CEQA) as set out in the Report;
Adopt the attached Resolution Declaring PropeLty Surplus to District's Needs, Approving
and Authorizing Acceptance of the Attached Real Estate Sales Agreement with Robert
Puette and J. P. Puette, Authorizing President of the Board to Execute Grant Deed for the
Real Property Being Released, and Authorizing Acceptance of Grant of Declaration of
Covenants, Conditions and Restrictions to District - (Report R-00-87).
T. Fischer provided a basic description of the property and showed its location on a
map. He showed slides of the property and noted in the staff report the reasons for
their support of the proposal. He said if the parcel were sold to someone else, the
restrictions would stay in place. He said there are no restrictions on the larger parcel.
S. Schectman said the District would jointly bring a quiet title action with the Puettes.
T. Fischer said the current zoning would only allow one house.
M. Williams said they could build an auxiliary structure and get a variance so it could
be occupied. He said they could not subdivide it and sell it to a third party. He
provided background on the property and outlined the terms and conditions of the
acquisition. He confirmed that if the county did not grant the lot line adjustment, the
District would not get the $200,000. He said Wagner Road is public and maintained by
the county.
Motion: B. Crowder moved that the Board determine that the recommended
actions are exempt from the California Environmental Quality Act
(CEQA) as set out in the staff report; adopt Resolution No. 00-39,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Declaring Property Surplus to District's Needs,
Approving and Authorizing Acceptance of the Real Estate Sales
Agreement, Authorizing the President of the Board or Other Appropriate
Officer to Execute Grant Deed for the Real Property Being Released,
Authorizing Officer to Execute a Certificate of Acceptance of Grant of
Restrictions to District, and Authorizing the General Manger to Execute
Any and All Other Documents Necessary or Appropriate to Closing the
Transaction (Sierra Azul Open Space Preserve - Robert Puette and J. P.
Puette). P. Siemens seconded the motion.
Discussion:. Section Four of the resolution was corrected to change the word "offers"
to "officers." There was discussion of the cost of the density credit.
Vote: The motion passed 6 to 1, with President Nitz voting no.
Meeting 00-16 Page 5
E. Agenda Item No. 4 - Program Evaluation for the 1999-2000 Action Plan for the
Implementation of the Basic Policy of the Midl2eninsula Regional Open Space District
Comment on and Accept Staffs Program Evaluation Report - (Report R-00-'85).
J. Cyr asked for corrections as follows: Page 2, Basic Policy Objective, change
"badlands" to "baylands." Page 6, last paragraph, delete the word "a" in the first line.
I. Open Space Acquisition Program
A. Negotiations and Special Projects Subprogram
C. Enterprise
M. Williams reviewed these two sections of the report.
C. Britton answered questions regarding the vacant Land Acquisition Manager position,
stating that the position would be re-instituted if the District annexes the coast.
The second bullet under Key Project 1 on page 10 was changed to read, "A stable lease
was secured at the Bear Creek Redwoods Open Space Preserve.
M. Williams said when they added the total of land acquired, they had not included the
two options; they will be tallied this year.
Page 8 , last bullet, was corrected to read, on Sheldon Road adjacent to El Sereno
Open Space Preserve and with the Lodge at Skylonda adjacent to La Honda Creek .
B. Land Protection
T. Fischer reviewed the report, noting that due diligence on acquisitions has taken a lot
of time. Regarding the McCarthy property, he said that is still being worked out with
the developer and the Town of Los Gatos. He described some of the situations that
were discovered by easement monitoring and how they were resolved.
II. Open Space Planning Program
A. Advance Planning
M. Freeman said key projects included annexation of the San Mateo County coast, trail
use policy and guidelines review, developing and initiating an area planning
process/area plan, planning team organization, and trail signage evaluation. He said
copies of the recently compiled planning handbook were available.
Discussion followed regarding N. Hanko's suggestion of including the Stanford land
activities as a key project. C. Britton said he assumed that was included in other
Meeting 00-16 Page 6
projects. P. Siemens said that review of general plans could be shown as a key project,
and Stanford land could be listed under progress.
B. Current Planning
J. Cahill said that that 40 percent of current planning time is spent on unanticipated
projects. He reviewed key projects including design and implementation of storm
related repairs, establishment of an employee residence at Sierra Azul area, El Corte de
Madera Creek Trail Use Plan (Study Area 2) implementation, and replacement of
chemical re-circulating restrooms. He talked about the progress on unanticipated
current planning projects, noting that assistance from R. Anderson was a big factor.
III. Operations Program
A. Field Operations
Regarding the Operations Program review, G. Baillie said the action plan was not
formally finished. He said vandalism is an ongoing problem with Restoration and
Mitigation of Off-Trail Impacts of Public Use (Key Project 3). Other key projects
included interpersonal communication skills and performance standards development,
and working relationship improvement between the Operations and Planning Programs.
G. Baillie explained the process for getting a permit to conduct a group event on a
District preserve.
B. Resource Management
G. Baillie outlined the staff report, noting that J. Isaacs was unable to be at the meeting.
He said she would have information on whether they were doing a biological follow up
on the Russian Ridge burn. Discussion followed regarding possible publication of the
results of such a follow up.
B. Crowder suggested adding the words, "and the Board" at the end of the second
bullet under Resource Inventory.
G. Baillie talked about the publicity for the Russian Ridge burn scheduled for July 18.
IV. Public Affairs Program
A. General Public Information and Outreach Subprogram
C. Visitor Services
S. Jensen said this program was very successful. They had such success with
recruiting outdoor education and nature center docents that the programs are at
capacity. The visitor center averages 75 visits a day. She said there are thirteen new
Meeting 00-16 Page 7
trail patrol volunteers for a total of 65, and they been out patrolling preserves for nearly
3,000 hours. More than 450 volunteers worked another 2,600 hours on over 40 other
volunteer projects. She talked about the progress in the cleanup of Mt. Umunhum.
B. Crowder noted that they needed to take the slide presentation to city councils and
boards of supervisors. She also said they used to have VIP tours. C. Britton said
those would be arranged next year after elections.
S. Jensen said the new slide program will be completed soon.
B. Legislative, Funding and Organizational Relations
C. Britton noted the key projects including the coastal preservation efforts, funding for
Mount Umunhum Clean Up, other lobbying efforts, sponsoring legislation, and
regional funding.
B. Crowder noted that the seasonal displays mentioned in the Daniels Nature Center
key project under the Visitor Services Subprogram were not completed.
V. Administration Program
A. Administration/Human Resources Subprogram
C. Britton talked about progress on key programs including district funding and coastal
expansion. Regarding the human resources key project, D. Dolan said there was a
minimum of 14 positions to fill at this time.
B. Legal Services Subprogram
S. Schectman reviewed the report.
Motion: M. Davey moved that the Board accept the report. P. Siemens seconded
the motion. The motion passed 7 to 0.
F. Agenda Item No. 6 -'Consider the Adoption of the Resolution to Contract for Coveram
for Members of the Board of Directors Under the Public Employees' Medical and
Hospital Care Act, and Fixing the Contribution at $16.00 Per Month for Current Board
Members-(Report R-00-89).
D. Dolan outlined staffs recommendations. Discussion followed regarding a policy
enabling a director to repay the $16 District contribution. C. Britton said it could be
done on a voluntary basis.
Meeting 00-16 Page 8
Motion: P. Siemens moved that the Board adopt Resolution No. 00-40,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Electing to be Subject to Public Employees' Medical and
Hospital Care Act Only With Respect to Members of a Specific
Employee Organization and Fixing the Employer's Contribution at an
Amount Greater Than or Equal to That Prescribed by Section 22825 of
the Government Code; and defined retired Board member as at least age
60 with a minimum of 4 years (one full term) of service. J. Cyr
seconded the motion. The motion passed 7 to 0.
G. Agenda Item No. 7 - Approval of Salary Adjustment and Meritorious Pay Award for
District General Counsel and Approval of Amendment to District General Counsel's
Employment Agreement; As a Result of the Board's Evaluation of District General
Counsel's Performance for Fiscal Year 1999-2000 and a Compensation Review for the
Position, the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%
Meritorious Pay Award Based on District General Counsel's Performance in Fiscal Year
1999-2000, and a Sala Ly Adjustment Consisting of a 11.8% Salm Parity Adjustment and
a 6.2% Cost of Living Increase for Fiscal Year 1999-2000, Retroactive to April 1, 2000,
Adopt the Resolution Amending District General Counsel's Employment Agreement to
Reflect an Adjusted Salary of $78,862.35, a 5% Meritorious Pay Award Totaling
$3,314.00, and an Adjustment in Vacation Hours from 90 Hours Annually to 100 Hours
Annually-(Report R-00-92).
S. Schectman expressed appreciation. C. Britton added that it was well-deserved.
Motion: M. Davey moved that the Board adopt Resolution No. 00-41, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Approving a Salary Adjustment and Meritorious Pay Award for
District General Counsel and Approving an Amendment to District
General Counsel's Employment Agreement. P. Siemens seconded the
motion. The motion passed 7 to 0.
H. Agenda Item No. 8 - Approval of Agreement Between the City of Mountain View and
Midpeninsula Regional Open Space District for the Operation of Deer Hollow Farm for
One Year; Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act (CEQA) as set out in the Report; Authorize the
General Manager to Execute the Attached Agreement with the City of Mountain View
for the Continued Operation of Deer Hollow Farm for an Additional Year- (Report R-00-
79).
G. Baillie was available to answer questions.
Motion: P. Siemens moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Meeting 00-16 Page 9
Quality Act (CEQA), as set out in the staff report; and authorize the
General Manager to execute the Agreement with the City of Mountain
View for the continued operation of Deer Hollow Farm for an additional
year. J. Cyr seconded the motion. The motion passed 7 to 0.
IX. INFORMATIONAL REPORTS
D. Little: 1. He talked about the vegetation growth at Russian Ridge since the burn. 2. He
noticed a large number of lizards with no tails at Montebello and wondered if they had been
injured by bicyclists. Discussion followed regarding studies that are available on the subject of
user conflicts. 3. He said he thought it was important for Board Members to dress
appropriately.
J. Cyr added to the June 26 summary of staff activities that B. Crowder and Gina Morin also
worked at the Sunnyvale Art and Wine Festival.
N. Hanko reminded them of the invitation to Bill Cook's barbecue.
P. Siemens said POST was requesting a $50,000 donation from Los Gatos for Bear Creek. It
will be on the July 10 city council agenda.
M. Davey: 1. She said the EIR is out for the Stanford Community Plan and they have 45
days to respond. They are making a concerted effort to do a factual evaluation. 2. She talked
about the Board being able to take a position on such things as the water district matter. S.
Schectman outlined the restrictions the Board was under.
K. Nitz said he hiked at ECDM to look at the closed trails. He said the closures were well
done.
C. Britton: 1. He and Stephanie toured Mt. Umunhum with Paul Rogers, a reporter for the
San Jose Mercury News. 2. B. Crowder had asked for the permit process on Bear Creek, and
Board members had been given a memo on that matter. 3. The FYIs included an information
piece on the California Special District memo on the Little Hoover Commission. He said he
would order a copy. 4. David Knapp, Los Gatos city manager, will be the new Cupertino city
manager. There will be a farewell party for him on July 5'. 5. National Land Trust Rally
2000 will be in Boulder, CO.
G. Baillie announced that he and T. Fischer are giving scuba diving classes.
Meeting 00-16 Page 10
X. ADJOURNMENT
At 11:25 P.M., the meeting was adjourned to closed session to discuss closed session agenda
item number 3. The continued closed session commenced at 11:26 P.M. and adjourned at
11:40 P.M. No reportable action was taken.
Roberta Wolfe
Recording Secretary
MgM C
yjd�t /-Z -2000
To: Distribution Below
Fr: Jenny Preciado
Re: 11'ruployce RccoL,� Plaques
Congratulations! You're to be the recipient of an award for your valuable service here at
Midpeninsula Rcgional Open Space District. Whether you're a"first-tinier" with five years, or a
"veteran" with twenty-five years, the District truly appreciates your loyalty and commitment to
the preservation of open space.
As in years past, each recipient is entitled to select a picture that will be framed to commemorate
this event. In keeping with (lie District's mission, the picture Must feature a District open space
preserve or landscape scene that most fondly reminds you of the District's successes.
The District is very fortunate to have a vast collection of-slides from which you can choose. As
the event is only weeks away, I would appreciate it if you would identify a picture you like, or let
me know which preserve is your favorite and I'll be happy to select a picture on Your behalf.
Please call nic by Friday, July 21't (or before)to set tip an appointment at ext. 523.
Again, congratulations! And, I look forward to working with you to select a picture.
Distribution:
Bernardctte Congdon Kathleen I latt
Brendan Downing Kerry Carlson
Brian Malone Paul McKowan
David Toplcy Ralph Molica
Del Woods Travis Jensen
Douglas Vu David Sanguinetti
cc: Deirdre Dolan