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HomeMy Public PortalAbout20020508 - Minutes - Board of Directors (BOD) Regional Open ce i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-09 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS May 8, 2002 MINUTES SPECIAL MEETING L ROLL CALL President Deane Little called the meeting to order at 6:35 p.m. Members Present: Mary Davey,Nonette Hanko,Ken Nitz, Pete Siemens (arrived at 6:36 p.m.), and Deane Little Members Absent: Jed Cyr and Larry Hassett arrived later. Staff Present: Craig Britton, Sue Schectman, John Maciel, and John Escobar H. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:36 p.m. and the Closed Session commenced at 6:36P.m. The Board concluded the Closed Session at 7.25 p.m. Additional StaffPr n for Cl osed o Session Agenda Item N . 1: Tom Fischer,t o C sed Ag o sc er, Del Woods, and Mike Williams. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:33 p.m. and reported that the following actions had taken place in Closed Session: 1. The Board discussed Agenda Item 1 and gave legal counsel approval to initiate litigation against another party. The litigation, the parties, and other information will be disclosed to any person upon request once litigation is formally commenced unless this will jeopardize the District's ability to serve process on any party. The vote was 5-0 with Directors 330 Distel Circle - Los Altos, CA 94022-1404 « Phone:650-691-1200 Fax: 650-691-0485 . E-mail: mrosd@operispace.org • Web site:www.openspace.orgr C7� Boarcl of Director,,:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz . General Manager:L.Craig Britton Meeting 02-09 Page 2 Davey,Hanko, Nitz, Siemens, and Little vote yes, and Directors Cyr and Hassett absent. 2. The Board accepted the settlement offer signed by a District employee, Frank Deto, settling a pending legal dispute in the amount of$12,063. The vote was 5-0 with Directors Davey, Hanko, Nitz' Siemens, and Little vote yes, and Directors Cyr and Hassett absent. Additional Staff Present: Cathy Woodbury, and Zadek. Note: Director Cyr arrived at 7:32 p.m. IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 6 to 0. VL ADOPTION OF CONSENT CALENDAR Motion: M. Davey moved that the Board adopt the Consent Calendar, including Agenda Item 4, Adoption of a Resolution in Support of Ifigoric Preservation Week, May 12 through May 18. 2002; Agenda Item 5, Award of Contract fa r Firebreak Maintenance Services in the Skyline Area to Joes Tractor Service in the Amount of$6,000 for Fiscal Year 2002-2003:Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA) as Set Qut in this Repo ; and Revised Claims 02-08. P. Siemens seconded the motion. The motion passed 6 to 0(Director Hanko abstained on Claim#3773; Director Nitz abstained on Claim#3 72 1). VIE. BOARD BUSINESS A. Agenda Item No. I—_PrQffM Evaluation for the 2001-2002 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional QMn Space District. Comment on and Accept Staffs Progin Evaluation Report—%"R-02-681 C. Britton introduced the item and stated that each program manager or participant would talk about progress on key projects and talk about unanticipated additional projects. Open Space Acquisition Department—M. Williams A. Negotiations and Special Projects B. Property Management Meeting 02-09 Page 3 C. Land Protection J. Cyr suggested a correction on page 8, item 3, second sentence under progress, change"favorable" to"favorably." P. Siemens noted that the term"enterprise"was still used in some places in the report. Staff will make the changes to"property management." Open Space Planning Department—C. Woodbury A. Advance and Resource Planning B. Current Planning and Capital Improvements P. Siemens asked what remained to be done on mapping the District vegetation. C. Woodbury said they probably have another two years of inventory and mapping to do. J. Cyr commented that he was pleased about the progress to acquire source maps from other agencies and fit that into our database and share our information with them. Regarding study area 2 trail realignments in El Corte de Madera Creek Open Space Preserve on page 14, C. Britton explained that the grant was lost because it was a line item budget deleted from the State budget. The District has now applied for a Land and Water grant. C. Woodbury explained that Item 4 on page 16 referred to the ranch house. Operations Department—J. Maciel A. Field Operations B. Resource Management J. Maciel said the plants purchased for Pulgas Ridge Open Space Preserve had not yet been planted. K. Nitz asked that staff explain the term"limited success" on page 23, Item 4. J. Maciel said staff did not get the growth they had hoped for and were not sure why. K Nitz commented that staff were learning from this so it was a success and he appreciated it. In regard to the rare butterfly mentioned in the same item, J. Maciel said that last year the burn was shut down by Fish and Wildlife, partly because of the butterfly habitat. Staff were told they had to identify and map how the butterfly would not be impacted by the burn. By the time staff finished the mapping it was too late in the season for a bum. Since then Meeting 02-09 Page 4 staff have been working with Fish and Wildlife, and they are now saying that it may not be a problem because it is not ideal habitat for the butterfly. Under pond management, Item 6 on page 24, J. Maciel said staff does not do water quality measurements. Staff is looking at it as a potential habitat for red legged frogs, but have not looked at it as they bum the cattails. K. Nitz said he looks at it as pond management to make sure the pond is physically viable. I Maciel said eventually staff plans to keep a record of water quality. Regarding the manure problem in the stream next to the horse stables at Bear Creek, T. Fischer has worked with the County and staff. J. Maciel said field staff have removed the source but have not measured for contamination. He added that at the moment, staff does not plan to measure water quality. D. Little wondered if the reasons we are starting to see the butterflies is because the plants are there as a result of the bum. It was explained that no actual butterflies were present,just the deserted habitat as a result of the seeding project. J. Maciel explained where the front meadow referred to on page 23, Item 4, is located. Note: Director Hassett arrived at 8:07 p.m. J. Maciel said the work in the County Park meadow has been managing the irrigation system and mowing. D. Little said he is becoming increasingly concerned regarding star thistle and the weevil. He asked about the project at Fremont Older Open Space Preserve and asked if there could be a field trip. J. Maciel said that the project is successful. Staff will report to the Board in an informational item. K. Nitz explained how the weevil works to eliminate star thistle. D. Little requested more information. J. Maciel said staff is mapping and working on a game plan. J. Maciel said the results from the wildlife surveys(page 24, Item 4) would be available to the Board. Public Affairs Department—S. Jensen A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Community Programs S. Jensen talked about key projects and some large unanticipated projects including the District book,the environmental education curriculum survey, and the restructuring of the Public Affairs Department. She said the District slide show is completed and all slides have been digitized, but staff does not have images for the coastal area yet. She said staff would Meeting 02-09 Page 5 go back to the old locator because the current one states the District is in the southern Bay Area. S. Jensen said in new action plan they will start with Community Programs which includes a new three-to-five year program. A long-range program for the department could be built with that done. C. Britton added that while a five-year plan is desirable, staff does not have time for it. There is an incredible amount of work going on. S. Jensen said staff would be working on the good neighbor brochure this year. D. Little congratulated staff on the tour of District lands. Administration Department—C. Britton A. Administration B. Human Resources Regarding career development within the District, C. Britton said there is none. The District offers a lot of training, but there is limited ability within the District to move from one position to another. Tuition reimbursement is also available. Discussion followed regarding having a part-time position for purchasing. C. Britton noted that purchasing is decentralized because they buy in small volume. Regarding the number of telephone services used, L. Zadek stated that she had recently gone through the telephone maintenance agreements. They have been consolidated which will save the District approximately $1,200 a year. Board Members commented on their experiences with purchasing agents. C. Britton said that in any event, purchasing would not get involved in bidding. He felt staff generally do a good job, but sometimes it is difficult to get bidders. J. Maciel said that the cost for services and supplies in the field is less than $10,000 a year. C. Legal— S. Schectman S. Schectman reported on the successful completion of the Paulin litigation is in settlement negotiations. Final CEQA Guidelines were adopted to facilitate the Coastal Annexation project. Board members commended staff on the quality and quantity of the work done. N. Hanko said she did not know of any other public agency that did a better job of informing public on what they do and what they are planning to do. Other Board Members agreed. C. Britton said he appreciated the comments. Meeting 02-09 Page 6 B. Agenda Item No. 2-Authorize the General Manager to Amend the Agreement with 2M Associates for Consultant Services for the District' EmMsed Annexation of the San Mateo County Coast for an Additional Sum Not to Exceed $284.460-MMM R-0"-53 D. Little asked that the Board table this item until 2M can attend a meeting or they can open it up for re-bidding. He said he had a lot of questions and was concerned about the progress on the coastal annexation. He said he felt certain that if the District had hired a full-time staff member or a part- time assistant,they would be much farther along. N. Hanko said she would like the Board to go ahead as staff recommended. She said this is not yet the time to talk about the plan, but the Committee is just about there. C. Britton said some of of the costs have been because of delays beyond the control of the District and not due to the consultants. The other consultants are under the umbrella of 2M. He thought they would lose hundreds of thousands of dollars if they changed now, and he thought they have gotten a lot for their money. He added that 2M had not been asked to come to this meeting. C. Woodbury said she had not received a request to have 2M at the meeting, and D. Little noted that he had not received his packet until that day. C. Woodbury said staff does not normally invite consultants when they are approving their contracts. C. Woodbury said it had been her experience that planning processes of this magnitude often take longer than anticipated. She did not find this unusual based on her experience and the magnitude of the project. She said it is a very complex projects. She said she felt comfortable with the proposal. She agreed that the District's own diligence and external factors beyond the District's control had caused some delays. They project releasing the EIR in mid-June. She said 2M did not prepare the EIR. They are facilitators and put together the teams. She highlighted the staff report, and referred to the chart listing the many meetings which have been held in connection with this project, as well as the schedule for upcoming events. C. Britton added that the public comment meetings held by the District were not required by law. He said he did not think they could have hired staff to do the EIR or the fiscal analysis. C. Woodbury said the contract for the EIR was $145,000 plus an additional $84,500 which also includes all the meetings they will attend. She explained what else is included in the costs. She added that though the total project contract is $284,000 in addition to what we have spent, all Meeting 02-09 Page 7 their work is based on an hourly rate on a"not to exceed" basis. The District receives a detailed monthly statement. C. Woodbury said that 2M attends the monthly staff coastal team meetings, not ad hoc committee meetings. 2M conducted the CAC meetings. D. Little felt that the CAC period was a public relations fiasco and repeated his concerns with 2M. He said did not feel like they had enough information at this time. C. Britton repeated that staff did not invite 2M to the meeting, and C. Woodbury said it was not common practice. N. Hanko stated that she thought it was clear at the conference on the coast that we have accomplished a great deal. She said the whole climate was different from earlier meetings. She said that this is taking much longer than they would like, but it is moving. She said because it has taken so long, all the Board Members have not been involved up to now. Motion: N. Hanko moved that the Board authorize the General Manager to amend the agreement with 2M Associates for consultant services for the District's proposed annexation of the San Mateo County coast for an additional sum not to exceed $284,460. K. Nitz seconded the motion. Discussion, I Cyr talked about what the expense might have been if they had hired staff person. He did not agree that the CAC was a public relations disaster. He said he thought it was worth spending the money to preserve what he considered a national treasure. C. Woodbury said this is the best estimate of the costs at this time. M. Davey called the question. N. Hanko seconded. They withdrew the motion. P. Siemens commented on the process. He said out of the CAC meetings came two issues: eminent domain and how the District would manage their property. He thought the whole process had paid for itself L. Hama asked if the matter had to be decided at this meeting, and if they went ahead could they still have 2M report on costs. D. Little repeated that he thought it would be better to have a local consultant and he had lots of additional questions. Meeting 02-09 Page 8 C. Britton said the matter could be continued to the next meeting, but he did not recommend that. Staff is trying to release the EIR in June and need this additional contract amount to do that. He said staff has dealt with significant external changes. K. Nita said he would like to see a breakout as to where money is going, and said he would support stafrs recommendation. He added that they need to move this forward. C. Woodbury said it benefits the District to have the rate by the hour rather than by the product. It was good to have an itemized bill. I Cyr suggested having workshop prior to a regular meeting. C. Britton said he could not recommend that. Motion: D. Little moved a proposed amendment that the Board have 2M come and give a progress report at the next meeting or as soon as possible. P. Siemens seconded the motion. Discussion: S. Schectman said staff could give the Board a more detailed written breakdown. C. Britton suggested that on June 12, 2M could inform them of what has happened in the last year as a buildup to what they are presenting. I Escobar pointed out that the District has been a very demanding client. He said the documents they will soon get are of the best quality and the most complete they can get. Following discussion of what form the meeting would take, D. Little restated the motion to amend. Motion Restated: D. Little moved that the Board ask 2M to come to a future meeting, if possible the next meeting, to address questions from the Board and give a progress report on the District's coastal annexation process. The vote was 4-3 against the motion. Those voting for the motion were Directors Siemens, Hassett, and Little. Those voting against the motion were Directors Davey,Nitz, Hanko, and Cyr. Vote: The Board voted on the original motion to authorize the General Manager to amend the agreement with 2M Meeting 02-09 Page 9 Associates. The motion passed 6 to 1. D. Little voted against the motion. C. Agenda Item No.3—Authorize the General Manager to Execute all Necessary Documents to Seek National Register Listing for the Red Barn at La Honda Creek Open Space Preserve—(Report R-02:66 . Motion: M. Davey moved that the Board authorize the General Manager to execute all necessary documents to seek National Register listing for the Red Ban at La Honda Creek Open Space Preserve. N. Hanko seconded the motion. Discussion: N. Hanko said she felt at last comfortable that the District is taking care of the history on District lands. She said she thought they could thank C. Woodbury for being sensitive for the need to preserve that history. C. Woodbury explained that National Register designation is honorary, and local zoning ordinances may be more stringent. C. Britton added that basically, it makes it available for grants. In regard to fire protection, C. Woodbury said they disc the vegetation around barn annually. The motion passed 7 to 0. VUL INFORMATIONAL REPORTS P. Siemens reported that he handed out literature on Sunday at ECDM with ROMP. J. Escobar added that they would be working two more Sundays from 10:00 a.m.-4:00 p.m. J. Cyr: 1. He said he would work with ROW the following Sunday and also be at the Sunnyvale Art and Wine Festival. 2. He showed a bag made from recycled plastics. 3. He talked about his vacation to New York. L. Hassett: 1. He complimented S. Jensen on the VIP tour, stating that he thought it was a classy event. He appreciated how well it was done and said he had had great feedback. 2. He said he had a marvelous time at the coastal conference and was amazed at the common vision that emerged by most agencies and locals. Meeting 02-09 Page 10 M. Davey: 1. It was noticed that all Board Members went to the coastal conference. 2. She agreed that the VIP tour was well done. 3. She talked about the Green Feet annual meeting. N. Nitz: 1. He attended a Smart Growth meeting in San Mateo,the second of three to be held. 2. He will be working at four to five art and wine festivals. 3. He said the people who were sitting at his table at the stewardship conference really did not care about the District right now but were worried about such things as sedimentation, flooding, and bridges. N. Hanko: 1. She had received an invitation to join ROW. She said she thought it was good to keep in touch with people who use the preserves. 2. She reported on the Stanford zoning. D. Little: 1. He and M. Davey attended the Democratic parry's Jefferson Jackson dinner. He heard good things about the District. 2. He was looking forward to the Open Space meeting in New Jersey,. C. Britton: 1. He and his wife heard Sidney Poitier speak and attended a reception. 2. He met with Pat O'Brien at East Bay and discussed things including budget problems. 3. He talked about the letters in the FYIs regarding the gateway corridor study. 4. He said AB 953 is law, and staff will be coming back at the next meeting with a process to look at the vendor policy and increase his authority. 5. It had been announced that the District got a$50,000 grant for seismic upgrade at Picchetti. 6. The Bay Area Open Space Council all day is scheduled for September 27. 7. He talked about his trip to Washington, DC where he went to two conferences on the Land and Water Conservation Fund. He also visited legislators regarding Mt. Umunhum. He thanked S. Jensen for setting up those meetings. 8. He talked about the land tour of the Coast Dairy property. as part of the group he is involved in with POST on stewardship issues 9. He had made a presentation to the docent class. 10. He had a FAX announcing that Sen. B. Boxer will be at Crissy Field Saturday announcing a new plan for the California Wilderness Act of 2002. 11. He had notice that on the Pulgas Land and Water Fund they received an additional $6,000. 12. There had been questions regarding Stanford trails, and he had D. Wood look at the alignments. 13. During the VIP tour, the planning director of Santa Clara County talked to him and told him they would not get open space on Stanford land- 14. June 22 is the San Mateo County VIP tour. He said the need to schedule a tour for coastal officials. The tour was scheduled for September 14. 15. He was disappointed in the Mercury News article about Cooley Landing. N. Hanko commented on C.Britton report. She said Bern Beecham had suggested that the District get to know LAFCo members and let them know what the District is about. S. Schectman said that would be okay until the District files its application for annexation. Regarding the Stanford plan,N. Hanko said if Ann Meeting 02-09 Page 11 Draper is taking that position she thought it was imperative that the District support a zoning that will not permit development. S. Schectman: 1. She attended the City Attorney semi-annual legal education seminar and learned a lot about current law, land use matters such as the religious land use protection act, and the recent Supreme Court Tahoe case on takings law. 2. She distributed copies of a guide published by the League of California Citites that reviews conflict of interest laws. I Escobar: 1. Staff has put together information packets for Board Members who will be at the information stations at El Corte de Madera. They were hoping to have print and broadcast media there this weekend. 3. J. Maciel and he went out to look at staff progress at the tafoni formation. He talked about the enthusiasm of staff. C. Woodbury reported that the footings and posts are in and they are framing the deck itself 4. D. Sanguinetti returned to work on modified duty. 5. Regarding the web site, he and S. Jensen will meet with the volunteer. L. Zadek: 1. She checked on receipt of the packet. 2. She had a proclamation of support for historical preservation week that she needed Board Members to sign. 3. She asked for Board Members' calendars for May-August. S Jensen: 1. Staff is working on media opportunities for Half Moon Bay, the red barn, and Picchetti. 2. They have had media calls on the Stevens Creek nature study area story. 3. They will be sending out a release regarding the District's efforts at El Corte de Madera 3. She thanked the Board for approving the interpretive aid position, a regular part-time position and said Jessica Morgan has accepted the position. 4. She said Eve's last day is tomorrow and they are having a baby shower for her on the 17"h. There will be a temporary employee during her absence. 5. The annual report went to press this week. 7. At the coastal conference, she talked to Emily Wilson from the Half Moon Bay Review and to Nicole Sampson from Senator Sher's office and established a good rapport with them. IX. ADJOURNMENT At 10:21 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary