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HomeMy Public PortalAbout20010627 - Minutes - Board of Directors (BOD) Regional Open 'ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-14 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS June 27,2001 MINUTES SPECIAL MEETING I. ROLL CALL President Pete Siemens called the meeting to order at 6:36 p.m. Members Present: Jed Cyr, Larry Hassett, Mary Davey, Ken Nitz, and Pete Siemens. Members Absent: Deane Little arrived at 7:35p.m.), Nonette Hanko. Staff Present: Craig Britton, Sue Schectman, Tom Fischer, Del Woods, Duncan Simmons, Mike Williams, John Escobar. II. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 2 and 3. The Board recessed to Closed Session at 6:40 p.m. and the Closed Session commenced at 6:40 p.m. The Board concluded the Closed Session at 7:35 p.m. REGULAR MEETING III. P. Siemens called the Regular Meeting to order at 7:36 P.M. and noted that no reportable actions had taken place in Closed Session. Members Present: Jed Cyr, Larry Hassett, Mary Davey, Deane Little, Ken Nitz, and Pete Siemens. Members Absent: Nonette Hanko. Additional Staff Present: Jodi Isaacs, John Cahill, Laurie Crook, Lisa Zadek, Gordon Baillie, Cathy Woodbury, John Maciel, Stephanie Jensen, Sandy Sommer. 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 ; OFaEs, Board of Directors:Fete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz •Genera(Manager:L.Craig Britton Meeting 01-14 Page 2 IV. ORAL COMMUNICATIONS Strether Smith, 8131 Presidio Drive, Cupertino, talked about Hoby Pihl (Hobart Eric Pihl, Jr.), a mountain bicyclist who was the victim of an accident at Fremont Older Open Space Preserve. He said a group of bicyclists who had ridden with Pihl over the years had some ideas of how to honor his memory. They did not think a memorial bench or plaque would be appropriate. Some of the proposals they had developed were as follows: • Develop a pamphlet on how to inspect a bicycle for safety; • A beginning rider program, stressing safety; • A helmet program in which the District gives away helmets to those who need them (Ranger P. Hearin's idea). Smith said his group is soliciting other ideas. They would like to have a brief meeting at the end of the month in the area they call Hoby Hill. Smith said Pihl's family and friends thanked the District, in particular John Maciel and Phil Hearin, for their help during the time following the accident. C. Britton said staff would be glad to work with Mr. Smith and the group of friends. V. SPECIAL ORDER OF THE DAY Pledge of Allegiance—The Pledge of Allegiance was led by Girl Scouts, Maddy Downing, Gina Topley, and Allison Williams. C. Woodbury introduced two new Planning Technicians: Ruthie Harari-Kremer and Sumudu Welaratna. VI. ADOPTION OF AGENDA C. Britton requested that Item 4 be considered as the first item of Board Business. Motion: J. Cyr moved that the Board adopt the agenda as re-ordered. K. Nitz seconded and the motion passed 6 to 0. VII. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding the draft response to the letter from Ms. Pamela McReynolds, and Claims 2005, 2047, and 2067. Motion: M. Davey moved that the Board adopt the Consent Calendar, including approval of the Minutes of the April 11, 2001, April 25, 2001, and May 9, 2001 Regular and Special Meetings; draft responses to letters from Ms. Pamela McReynolds; and Mr. Alan Miller, 11042 Canyon Vista Drive, Cupertino; Agenda Item 6, Approve 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 Meeting 01-14 Page 3 Year 2000-200 1,the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on District General Counsel's Performance in Fiscal Year 2000-2001, and a 4% Cost of Living Increase for Fiscal Year 2000-200 1, Retroactive to April 1, 2001 Adopt the Attached Resolution Amending District General Counsel's Employment Agreement to Reflect an Adjusted Part-Time Salary of $82,016.84, a 5% Meritorious Pay Award Totaling $3,943.12, and an Adjustment in Vacation Hours from 100 Hours Annually to 110 Hours Annually— Ad Hoc Appointee Evaluation Committee (President Siemens and Directors Cyr and Little); Agenda Item 7, Authorize Staff to Solicit Bids to Purchase One Dump Truck; Agenda Item 8, Schedule a Special Meeting of the Board of Directors for July 18, 2001 for the Purpose of Conducting a Closed Session Concerning a Board Appointee Performance Evaluation for the General Manager(NOTE: The meeting was rescheduled to be held on July 17, 2001 during Informational Reports); and Revised Claims 01-12. L. Hassett seconded the motion. The motion passed 6 to 0. VHI. BOARD BUSINESS A. Agenda Item No. 4—Proposed Addition of Peninsula Open Space Trust Property to Bear Creek Redwoods Open Space Preserve, Adopt the Attached Resolution Authorizing Purchase of the Peninsula Open Space Trust Property: Accept the Previously Approved Preliminary Use and Management Plan Contained in this Report, Including Naming the Property as an Addition to Bear Creek Redwoods Open Space Preserve, Indicate Your Intention to Dedicate the Property as Public Open Space at This Time—(Report R-01-71). C. Britton introduced Audrey Rust, President of Peninsula Open Space Trust (POST), and talked about how she had been instrumental in helping the District to acquire Bear Creek Redwoods Open Space Preserve. D. Woods presented the report, focusing on the changes that had been made on the property. He talked about easements, conditions, and encroachments and showed the location of those on a map. He described winterization activities, including installation of culverts and drainage rock. M. Williams described the terms and conditions of the acquisition, noting that the District has spent a total of$15 million. D. Woods showed slides of the property, including the area of an encroachment where there has been extensive grading. S. Schectman noted that in Section 6, the correct amount of the indemnity in the purchase agreement should be $2 million (not $1 million as stated in the draft agreement). Meeting 0 1-14 Page 4 C. Britton said the reason the exact acreage was not stated is that the precise acreage is unknown until a property has been surveyed, and a survey was not available at this time. S. Schectman explained that the Memorandum of Unrecorded Grant Agreement mentioned on page 3 was requested by the Wildlife Conservation Board so that it can be publicly recorded that there are open space restrictions on the property. Staff answered questions regarding naming of sites by POST (page 4, #4). D. Woods said the naming would be done consistent with District policies. S. Schectman said the naming must be in compliance with District criteria for site naming. The Board could decide what procedure it wants and could route requests through Use and Management Committee. K. Nitz said he would like to do that. A. Rust said they expected to go through the District's Use and Management process. D. Woods answered questions regarding boundary signs and closed area signs referred to on page 7 of the staff report. A. Rust said this was a thrilling moment of culmination for a long effort by the District and POST. She was thrilled to be able to transfer the property and give the $5 million gift. Board members thanked Ms. Rust and POST, C. Britton talked about the history of the process, noting that POST was instrumental and incredible. He said Ms. Rust had talked her Board of Directors into borrowing the money. Motion: M. Davey moved that the Board adopt Resolution No. 0 1-17, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of the Property Acquisition Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Execute Memorandum of Unrecorded Grant Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Bear Creek Redwoods Open Space Preserve)—Lands of Peninsula Open Space Trust); accept the previously approved Preliminary Use and Management Plan contained in the staff report, including naming the property as an addition to Bear Creek Redwoods Open Space Preserve; and indicate their intention to dedicate the property as public open space at this time. K. Nitz seconded the motion. The motion passed 6 to 0. B. Agenda Item No. I —Receive and Comment on the Final Report on the Grassland Management Implementation Project at Russian Ridge Open Space Preserve—(Report R-0 1-72). Meeting 01-14 Page 5 J. Isaacs summarized the details of the final report and what it means to the District to manage grasslands. She noted that Paul Kephart of Rana Creek Habitat Restoration had written the report and regretted not being at the meeting. J. Isaacs showed slides depicting the results of the project. L. Hassett noted that he has been dealing with star thistle for six years on his property with some success. He said other methods have been tested including introduction of the false peacock fly. J. Isaacs said both the fly and the hairy weevil are on Skyline, but were not introduced by the District. The hairy weevil has proven very successful at Fremont Older Open Space Preserve. Regarding the use of Transline and the fact that star thistle develops resistance after a few years, J. Isaacs said this was not a multiple year treatment. Staff would propose using Roundup in the future. In reference to the chart on page 1.5 showing results of various methods, J. Isaacs said there are multiple variables including weather. J. Cyr requested that the comma in the second paragraph on page 2 be moved to the correct spot. n continue its commitment. M. Davey and K. Nitz agreed that the District needed to c t co e By consensus, the Board received the report. C. Agenda Item No. 2—Authorize the General Manager to Modify the Contract with Bay Construction Services, Inc. to Include Change Orders for Additional Work on Modifications to Office Space not Included in the Original Scope of Work by an Additional $18,500 Over the $31,000 Previously Authorized, for a Total Amount not to Exceed $49,500—(Report R-01-73). I J. Cahill presented the report and talked about some of the things that had been eliminated from the project. Motion: J. Cyr moved that the Board authorize the General Manager to modify the existing contract with Bay Construction Services, Inc. to include change orders for additional work on modifications to office space, not included in the original scope of work, by an additional $18,500 over the $31,000 previously authorized, for a total amount not to exceed $49,500. K. Nitz seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 3- Approve the Workers' Compensation Insurance Bid Totaling $138,960 from State Compensation Insurance Fund for the Period June 29, 2001 through June 28, 2002 — Report R-01-68). i Meeting 01-14 Page 6 L. Crook presented the staff report and explained why it was to the District's advantage to have a yearly analysis and negotiation. Motion: M. Davey moved that the Board approve the workers' compensation insurance bid totaling $138,960 from State Compensation Insurance Fund for the period June 29, 2001 through June 28, 2002. K. Nitz seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5—Approve Agreement Between the City of Mountain View and Midpeninsula Regional Open Space District for the Operation of Dee Hollow Farm, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA). as Set Out in this Report, Authorize the General Manager to Execute the Attached Agreement with the City of Mountain View for the Continued Operation of Deer Hollow Farm— (Report R-0"46 . G. Baillie presented staffs recommendations and recognized the efforts of J. Escobar and S. Schectman. He informed the Board that the District's share of expenses would be about $60,000 this year. J. Escobar talked about the details of the three-way agreement from 1996. The County will not raise the amount they contribute ($50,000 a year). The budget has continued to go up. The District and the City of Mountain View are splitting the balance of expenses after the $50,000 is subtracted. G. Baillie noted that there is a ten percent cap in the annual increase. He said based on staffs experience at Rancho San Antonio, there has been a growth in use at the facility. J. Escobar and C. Britton explained how Mountain View had originally became involved with Deer Hollow Farm. The City of Mountain View ran and funded the farm by themselves for several years. After 1993, they went to other cities looking for support. C. Britton said the District was very fortunate to have Mountain View running the farm. Mountain View residents and schools do get special consideration regarding use and the fee schedule. J. Cyr commended the program. J. Escobar said the buildings are in better shape now than 20 years ago because of the high level of maintenance. Regarding the possibility of wildlife rehabilitation there, J. Escobar said he thought the facilities were used to the maximum. Motion: D. Little moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report; Meeting 0 1-14 Page 7 and authorize the General Manager to execute the Agreement with the City of Mountain View for the continued operation of Deer Hollow Farm. J. Cyr seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 9—Wozniak vs. California Department of Forestry; Consideration of Consent to Conveyance by Big Creek Lumber Company t Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwoods Open Space Preserve, Determine the Action Before the Board is Cate ptoricall Exempt from the California Environmental Quality Act as Set Out in the Staff Report, Consider Whether to Consent to the Conygyance by Big Creek Lumber Company to Candice Wozniak of Certain Limited Timber Rights at Bear Creek Redwoods Open Space Preserve—(Report R-0 1-74). C. Britton asked for a continuance to July 11, 2001. Motion: M. Davey moved that the Board continue this item to the July 11 meeting. D. Little seconded the motion. Discussion: Eric Huff, representing Big Creek Lumber, asked that the matter be concluded no later than July 11, so Big Creek could complete operations this year. Vote: The motion passed 6 to 0. IX. INFORMATIONAL REPORTS M. Davey: 1. The Conservation Center and Bay Area Action announced their new name, Actera. 2. She asked if the Board meeting scheduled for the July 18 (Agenda Item 8) could be rescheduled. By consensus, it was to be rescheduled for 7:00 p.m., July 17, 2001. K. Nitz also went to the Actera meeting and had later discovered on the internet that the name is a trucking firm name also. P. Siemens reported on the annual Special Parks District Forum conference he, J. Cyr and staff members had attended. He said he would pass on information he had gathered there. L. Hassett: 1. He was also at the Actera meeting. 2. He had attended M. Davey's anniversary party. 3. C. Woodbury and he went to the exploratory watershed meeting for San Francisquito Creek. 4. He went to the Tony Look trail dedication and said J. Cyr did a great job for the District in his presentation. J. Cyr: 1. He reported on the Tony Look dedication. 2. He made a presentation to the Sunnyvale Rotary Club on Monday. He thanked L. Zadek and D. Woods for their ------------ - Meeting 0 1-14 Page 8 assistance in preparing that presentation. 3. He talked about some of the issues addressed at the Special Parks District Forum. D. Little had returned from Africa earlier in the day and said his trip was an incredible experience. He shared information about invasive species issues there and his climb of Mt. Kilimanjaro. He said he would share slides at a later date. C. Britton: 1. He had information from John Ward about the Pescadero Conservation Alliance. 2. He talked about his trip to Africa(Zimbabwe)where he observed a total solar eclipse. S. Schectman: 1. She went to the GGNRA Advisory Commission meeting which was considering the GGNRA boundary expansion. The committee voted to approve it. 2. She attended the Mid Coast Community Council meeting and found it very informative. 3. She thanked the Board for their action on Agenda Item 6 this evening. L. Zadek asked the Board members complete the calendars and return them to her, and to sign and return the waivers of written notice of special meetings. C. Woodbury said the Special Districts Forum was a wonderful experience for staff as well as Board members. S. Jensen: 1. She thanked C. Woodbury for the WEB information she had brought from the forum. 2. The date for the volunteer recognition event was changed to August 16. 3. Lori Raymaker, Docent Coordinator, is leaving the District. 4. She announced the hiring of a new Public Affairs Intern, Arwen Edsall, and a new Interpretive Aide, Jessica Morgan. 5. She attended the Executive Committee meeting of Bay Area Open Space Council. 6. The Betsy Crowder Trail event is this Saturday, 10:00 a.m.-12:00 p.m. G. Baillie said they had conducted a very successful search and rescue exercise at Skyline. X. ADJOURNMENT At 9:49 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary