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HomeMy Public PortalAbout20020116 - Minutes - Board of Directors (BOD) Regional Open ."" ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-01 L SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS January 16, 2002 I i MINUTES SPECIAL MEETING I. ROLL CALL President Pete Siemens called the meeting to order at 7:04 p.m. I Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, and Pete Siemens i Members Absent: None Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt II. CLOSED SESSION P. Siemens stated that the Board would adjourn l to Closed Session to discuss Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:05 p.m. and the Closed Session commenced at 7:05 p.m. The Board concluded the Closed Session at 7:20 p.m. REGULAR MEETING III. P. Siemens called the Regular Meeting to order at 7:33 p.m. and noted that no reportable actions had taken place in Closed Session. Additional Staff Present: Gordon Baillie, Michael Williams, Cathy Woodbury, Stan Hooper, Stephanie Jensen, John Maciel, David Sanguinetti, John Escobar, John Dickey, Tom Fischer, John Kowaleski IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. M. Davey seconded and the motion passed 7 to 0. 3.30 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 ®R ' Board of(directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz . General Manager:L.Craig Britton Meeting 02-01 Page 2 VI. ADOPTION OF CONSENT CALENDAR J. Cyr removed Agenda Item 9, Approval of Consulting Services Agreement for 2002 with Lelatve Consultants Heim. No-ack. Kelly& S ahnn•, Authorize the General Manager to Execute the Consulting Services Aareement with Heim, Noack, Kelly & Spahnn for Legislative Consulting Services in Sacrament C. Britton explained why two checks had been written to the same company in several cases. Motion: K. Nitz moved that the Board adopt the Consent Calendar, including minutes of the Regular Meeting of November 14, 2001; and Special and Regular Meetings of November 28, 2001 and December 12, 2001; Agenda Item 7, Resolution of Support for State Proposition 40 Appearing on the March 5. 2002 Ballot, Adopt the Attached Resolution EndgraiRg Proposition 40: The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; Agenda Item 8, Approve the Attached Resolution Providing Worker's Compensation Coverage to Specified Additional Classes of District Volunteers; Agenda Item 10, Authorize Staff to Advertise for Bids to Purchase One Transport Trailer; Agenda Item 11, Renewal of Investment Authority and Annual Statement of Investment Policy, Adopt the Attached Resolution to Extend the Controller's Investment Authority until January 15, 2003 and to Adopt the Annual Investment Policy; Agenda Item 12, Authorize Staff to Reject All Bids Received November 6. 2001 for Roof Replacement on the Red Barn, Authorize Staff to Solicit New Bids for Roof Replacement on the Red Barn at 150 La Honda Road, La Honda, California in La Honda Creek Open Space Preserve; and Revised Claims 01-24. M. Davey seconded the motion. The motion passed 7 to 0 (N. Hanko abstained on claims 3003 and 3056). M. Williams introduced John Dickey, Real Property Specialist. VH. BOARD BUSINESS A. Agenda Item No. I —Elect Officers of the Board for the 2002 Calendar Year- (]Report R-02-01). N. Hanko thanked P. Siemens for his service as President of the Board, and D. Little presented a gift to P. Siemens. P. Siemens commented on significant events of 2001 including the following: • Bear Creek acquisition • Operations Review Plan • Better interrelationships among staff • The fact that the staffing level is nearly full 0 The good start on Mt. Umunhum cleanup 0 Planning for Sierra Azul and Bear Creek 0 Picchetti upgrade Meeting 02-01 Page 3 S. Thielfoldt reviewed election procedures. P. Siemens called for nominations for President. M. Davey nominated D. Little and N. Hanko seconded the nomination. K. Nitz moved that nominations be closed. M. Davey seconded the motion. The motion passed 7 to 0. Following balloting, S. Thielfoldt announced that seven ballots had been cast for D. Little. D. Little thanked Board Members, staff, and constituent groups for their support. He mentioned that during the coming year he wanted to focus on the Coastal annexation. In regard to procedure, he said he wanted to keep Board meetings moving along. D. Little called for nominations for Vice President. L. Hassett nominated N. Hanko. D. Little seconded the nomination. J. Cyr moved that nominations be closed. P. Siemens seconded the motion. The motion passed 7 to 0. Following balloting, S. Thielfoldt announced that seven ballots had been cast for N. Hanko. D. Little called for nominations for Treasurer. M. Davey nominated K. Nitz. N. Hanko nominated L. Hassett. P. Siemens moved that nominations be closed. J. Cyr seconded the motion. The motion passed 7 to 0. Nominees commented on their nominations. Following balloting, S. Thielfoldt announced that six ballots had been cast for K. Nitz and one for L. Hassett. D. Little called for nominations for Secretary. P. Siemens nominated L. Hassett. M. Davey seconded the nomination. J. Cyr moved that nominations be closed. P. Siemens seconded the motion. The motion passed 7 to 0. Following balloting, S. Thielfoldt announced that seven ballots had been cast for L. Hassett. B. Agenda Item No. 2- A..pproval of P%posed Settlement Agreement and Mutual General Release in the Matter of Richmond v. Midpeninsula Regional Open Space District, and Proposed Addition of Richmond Property to El Sereno Open Space Preserve Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in this Report; Adopt the Attached Resolution Approving the Settlement Agreement and Mutual General Release Agreement and Authorizing the Execution of the Attached Purchase Agreement of the Richmond Property as an Addition to the El Sereno Open Space Preserve, Tentatively Adopt the Preliminary Use and Mana eg, ment Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the El Sereno Open Space Preserve, Indicate Your Intention to Dedicate the Property as Public Open Space—(Report R-02-09). S. Schectman introduced the item, noting that the two parts of the action were approval of the settlement of the Richmond litigation and acquisition of the property. T. Fischer outlined the acquisition portion of the staff report and showed pictures of the property. M. Williams reported on the terms and conditions of the acquisition. M. Williams said the District uses the road for patrol purposes and San Jose Water Company might use it as a haul road when they install the new water tank. Meeting 02-01 Page 4 Historically, the road is used as a neighborhood trail. C. Britton added it is used as an emergency road for safety vehicles. T. Fischer said the current rains did no further damage. He said the driveway has almost returned to a natural state. M. Williams noted that the parcel existed before the current zoning. He said staff would look into what, if any, repairs needed to be done to the road. Staff did not know how extensive the repair work will be or whether it would be needed, but would come back to the Board if a repair is needed. 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 No. 02-01, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Approval of Settlement Agreement and Mutual General Release, Approval of the Purchase Agreement and 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 (El Sereno Open Space Preserve—Lands of Richmond); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the El Sereno Open Space Preserve; and indicate their intention to dedicate the property as public open space. M. Davey seconded the motion. The motion passed 7 to 0. C. Agenda item No. 3—Application to the California Heritage Fund Grant Program for the Seismic Upgrade of the Winery Building,at Picchetti Ranch Open Space Preserve, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act CEOA) as Set Forth in this Report; Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application to the California Heritage Fund Grant Program for the Seismic Upgrade of the Winery Building at Picchetti Ranch Open Space Preserve— (Report R-02-06). C. Woodbury presented the staff report, stating that she was confident the District would compete well for the grant funds. P. Siemens commented that he was happy to see the Picchetti Lessee interested in participating in the work. He asked if the lease agreement required that the tenant display District information. Staff will check the lease. N. Hanko said she was excited about the upgrade and would like to see the committee take another look at the agreement to make sure they are opening the facility to the public as required. Meeting 02-01 Page 5 M. Williams said the amount of the lease is fairly nominal at $350 a month. The Pantlings assumed the lease from the Stortzs. The term of the lease ends in about five and one-half years. He said most of the upgrades had been done by the Stortzs. It became an issue when a use permit to have people there was sought. The Storms did some seismic upgrades. The tenant cannot have events with as large a number of people. C. Britton said seismic standards changed after the Loma Prieta earthquake. P. Siemens added that the property was leased to the Stortzs in exchange for them doing certain work. He thought the new tenants wanted to revisit the agreement so they can have larger gatherings. He added that the District changed its policy following the problems in administering this lease. N. Hanko said she would like to see more attention given to what the public access could be with a new lease coming up, and she thought the Board should draw up more terms. P. Siemens requested a status report on the terms of the lease regarding public access. C. Britton said staff will review the terms of the agreement with the committee. 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 No. 02-02, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds for the California Heritage Fund Grants Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, Midpeninsula Regional Open Space District, Seismic Upgrade of the Winery Building at Picchetti Ranch Open Space Preserve. P. Siemens seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4- Review and Accept the Final Report on the Operations Program Review Action Plan and Summary of Project Accomplishments and Give Direction to Staff to Incorporate the Plan into Future Departmental Action Plans;Direct Staff to Incorporate those Elements of the Operations Program Review Final Action Plan which have not yet been Accomplished into the Key Projects, Activities and Other Priorities in the Annual Departmental Action Plans —(Report R-02-051. G. Baillie reviewed the history and highlighted projects on which progress had been made during the past year. These included the following: • Staffing plan • Leadership training • Clarifying the role of lead OSTs • Resource management—draft Resource Management Strategic Plan coming to the Board in February. Evaluation form—has not been changed but will be • Field Operations Manual update—hope to finish in March or April • Database to track training essentially completed. J. Maciel talked about POST training noting that the District follows their standards on certain i Meeting 02-01 Page 6 types of training and sends staff to training that is appropriate. Some are POST certified • Radio—two repeaters nearly installed • Controlled burns • Fire pumper units He summarized by expressing appreciation for the support of Board and staff members. Motion: J. Cyr moved that the Board accept the Operations Program Review Final Action Plan and Summary of Project Accomplishments; and direct staff to incorporate those elements of the Operations Program Review Final Action Plan which have not yet been accomplished into the key projects, activities and other P P priorities in the Annual Departmental Action Plans. N. Hanko seconded the motion. Discussion: N. Hanko thanked G. Baillie for years of work on the project. She said he and other staff members who provided input should be i impressed with the r stated he was f h document. J. C s proud o the y efforts that have been made to address concerns. Vote: The motion passed 7 to 0. J. Escobar thanked the Board, stating that some of the items required the f money i investment o to complete. p D. Sanguinetti talked about the use of the old pumpers. E. Agenda Item No. 5 -Authorization to Re-appro riate Budgeted Funds to Continue Trapping by Rural Pig Management, Inc. on District Lands in the South Skyline Area and Update on Feral Pig Control Program; Authorize the General for Feral Pi Research to 8 000 Previously Budgeted o r Re-a ro Re-appropriate e Manage to pp p $ , yg be Used for Continued Trapping of Feral Pigs, Determine that the Recommended Actions Continue to be Categorically Exempt from the California Environmental Quality Act (CAA)—(Report R-02-10). L. Hassett said he had consulted with legal counsel and excused himself from discussion and voting on this matter to avoid the appearance of a conflict of interest. S. Hooper resented the history of the program and an update. He said it was too p P rY P Sx' P it soon to tell if removal of the pigs has lessened the damage. He said in his opinion, until there is a state or federal effort,the District's program of working on a regional basis is the right one. He talked about the monitoring program which consists of six photo points and six plot study areas. Pig related events are recorded in a journal. There is a mapping effort, as well, which compares rooted areas from year to year. Meeting 02-01 Page 7 C. Britton said he did not think the program was stemming migration to the north. There have been pig sightings in the San Francisco watershed area. J. Maciel said one of the purposes of the meeting to be held Friday is to bring together agencies to talk about a regional problem. Staff needs a regional approach to manage the numbers. K. Nitz commented it might be good to talk to East Bay Regional Parks as they have had a program in place for years. S. Hooper said that part of the MOU requires the trapper to provide monthly data. He said there are 15 traps on District land at any given time. When asked if staff is seeing a decline or increase in the number of pigs being trapped, S. Hooper said that in general the rainy months are when most are trapped. J. Maciel commented that there are a lot of variables including weather and food. S. Hooper said there is more trapping this winter than last winter. N. Hanko said the program has received rave reviews from the people on Skyline and the person the District hired is providing resources for them in their own trapping. S. Hooper informed the Board that pigs have been in Sierra Azul longer than at Skyline, but there is not as much grassland. J. Cyr said if the District had not been doing the trapping he thought the damage would have been significantly higher, and he was glad the District had encouraged a regional approach to what is a regional problem. He appreciated that the report included the per animal cost. Motion: J. Cyr moved that the Board authorize the General Manager to re- appropriate $8,000 previously budgeted for feral pig research to be used for continued trapping of feral pigs. P. Siemens seconded the motion. The motion passed 6 to 0 with Dir. Hassett abstaining. F. Agenda Item No. 6-The New President of the Board Should Appoint the Administration and Bud&gt Committee Members for the 2002 Calendar Year with Board Consent—(Report R-02-02). D. Little appointed K. Nitz, P. Siemens, and J. Cyr to the Administration and Budget Committee for the 2002 calendar year. Motion: M. Davey moved that the Board approve the President's appointments to the Administration and Budget Committee for the 2002 calendar year. K. Nitz seconded the motion. The motion passed 7 to 0. S. Schectman answered J. Cyr's question regarding Agenda Item 7, stating that the Board could express its support in this manner. Meeting 02-01 Page 8 G. Agenda Item No. 9—Approval of Consulting Services Agreement for 2002 with Legislative Consultants Heim,Noack, Kelly& Spahnn, Authorize the General Manager to Execute the Consulting Services Agreement with Heim,Noack, Kelly & Spahnn for Legislative Consulting Services in Sacramento—(Report R-02-03). J. Cyr suggested changes to the wording on pages 2 and 3 of the agreement: Change Item 4.a, second sentence to read, "Such personnel shall not be employees . . . ." Change Item 10 to read, "Consultant covenants that it presently has no interest . . Motion- J. Cyr moved that the Board authorize the General Manager to execute the Consulting Services Agreement with Heim, Noack, Kelly& Spahnn for legislative consulting services in Sacramento. L. Hassett seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS M. Davey: 1. The Stanford trails item is coming before the Board of Supervisors on January 29. Liz Kniss has been working with the trails committee to try to find trails acceptable to Stanford and the committee. The decision will probably be further deferred. 2. She referred to an invitation to the PCL event in Sacramento. 4. She met with the owners of the Ridge Winery. They are concerned about the quarrying activity in the area. She requested an update on what is happening to the land there. 5. The Committee for Green Foothills will honor the District during their 4& anniversary celebration. N. Hanko: 1. She had received a letter from Joe Simitian regarding AB 953. She referred to an article in the newspaper that said he is working on AB 100. She said the District needs to make sure they are included in the bill. 2. She asked when supervisors will be considering the Mt. Umunhum cleanup. C. Britton said it had gone to the Parks Commission and will be on the agenda for the Board of Supervisors in the future. P. Siemens talked about an article about people building illegal trails on GGRNA lands. The article said the illegal trail builders will be paying fines and possibly serving jail time. J. Cyr agreed that the docent event was wonderful. L. Hassett said he had received a note from the President of the South Skyline Association Board regarding the holiday party he had hosted and expressing appreciation that District Board members had attended. D. Little said he had been doing some winter hiking and had noticed a lot of erosion along Black Mountain Trail above the Rhus Ridge parking lot. There is a large erosive gully threatening to cross the Upper Meadow Trail. C. Britton: 1. He had attended a committee meeting regarding AB 953 and talked about the discussion that took place. He said Assemblyperson Wiggins had approached him regarding a Constitutional Amendment lowering the vote requirement for open space. - - , - - - - -- , - ---- -- -- - - - --- I--- - --- - - I Meeting 02-01 Page 9 The article N. Hanko referred to was about ERAF (AB 100) from which the District is exempt. 2. Regarding the District's ordinance requiring bike helmets for riders over age 18, R. Heim has put in a spot bill for potential legislation clarifying the law in this area. 3. He made a presentation to the docents and staff about the sequence of the coastal annexation. He will also be meeting with volunteers. 4. The State of the District message is scheduled for February 6. 5. The Bay Area Open Space Council coastal stewardship conference is scheduled for April 26-27. Their spring conference will be on May 31. S. Schectman: 1. Reported on the sentencing of Eric Diesel for illegal grading adjacent to the Saratoga Gap Open Space Preserve. She said the prosecution took 5 years to conclude, but Santa Clara County's Environmental Enforcement unit persisted. He was convicted, and the matter went up on appeal. The appellate court affirmed his conviction for illegal grading that closed Highway 9 and deposited sediment on the District's preserve. He was sentenced to six months in jail and ordered to pay restitution to the District in the amount of$74,000 plus interest. S. Thielfoldt: 1. She thanked P. Siemens and D. Little for announcing who made motions and who seconded them, stating that it is helpful to her and the Recording Secretary. 2. She presented an update on training which included leadership, workers' compensation law, and evaluations. 3. Regarding insurance rates, she said they have been guaranteed renewal and should have a quote on rates by the end of next week. S. Jensen: 1. She thanked everyone for signing the New Years letters. 2. She encouraged Board members to contribute to the District book and has arranged for them to meet with the author. N. Hanko thanked everyone for the support she and her family received during the past difficult months. IX. ADJOURNMENT At 9:38 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary