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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 02-01
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SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
January 16, 2002
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MINUTES
SPECIAL MEETING
I. ROLL CALL
President Pete Siemens called the meeting to order at 7:04 p.m.
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Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little,
Ken Nitz, and Pete Siemens
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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
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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
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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
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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> 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.
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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