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Regional Open Si c
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 02-15
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
July 24, 2002
MINUTES
SPECIAL MEETING
I. ROLL CALL
Vice President Nonette Hanko called the meeting to order at 5:34 p.m.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett
(arrived at 5:50 p.m.), Ken Nitz, Pete Siemens(arrived at 5:36 p.m.), and Deane
Little(arrived at 5:44 p.m.)
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Cindy Roessler, Matt Freeman,
Cathy Woodbury, Sally Thielfoldt, and John Maciel
H. BOARD BUSINESS
Agenda Item No. 1 —Board Workshop to Discuss the Resource Management
Five-Year Strategic Plan.
C. Roessler presented information regarding the five-year resource management
program's five-year strategic plan.
M. CLOSED SESSION
At 6:38 p.m., D. Little stated that the Board would adjourn to the Special Meeting
Closed Session to discuss Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:38 p.m. and the Closed Session
commenced at 6:38 p.m. The Board concluded the Closed Session at 7:25 p.m.
REGULAR MEETING
IV. D. Little called the Regular Meeting to order at 7:33 p.m. He announced that the
Board had discussed Closed Session Agenda Items I and 2 in Closed Session and
I
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
Board or Directors:Pete Siemens, Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Fiassett, Kenneth C. Nitz * General Manager: L.Craig Britton
Meeting 02-15 Page 2
that no reportable actions had taken place. He noted that all Board Members were
present at the Closed Session.
Additional Staff Present: Mike Williams and Stephanie Jensen
V. ORAL COMMUNICATIONS—There were none.
VL ADOPTION OF AGENDA
Motion: K. Nitz moved that the Board adopt the agenda. J. Cyr seconded
and the motion passed 7 to 0.
VII. ADOPTION OF CONSENT CALENDAR
Regarding Claim#4138, J. Maciel informed the Board that the amount was for 70
copies of the patrol map book at $70 a copy. He added that the book was
reasonably easy to update.
K. Nitz removed agenda item 7,Authorize the General Manager to Enter into a
Retainer Agreement with the Law Firm of Miller. Starr and Regalia in the Matter
of Midpeninsula Regional Open Space District v. Wozniak in an Amount Not to
Exceed $25,000.
N. Hanko noted a correction to the June 26 Minutes as follows: Page 11,
paragraph 4 under Informational Reports, line 1, change "Markey" to"Marchi."
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
the minutes of the Regular Meeting of June 12, 2002, and the
Special and Regular Meeting of June 26, 2002 as corrected;
Agenda Item 4,Ratify
Expenditures to Dell Computers in the
Amount of$16,533.30 for Purchase of Computer Equipment for
All Departments of the District-, Authorize the General Manager to
Purchase Additional Computer Equipment from Dell Computer
for an Amount Not to Exceed $7,000, for a Total Expenditure of
$23,533.30;Agenda Item 5,Ratify Expenditure in the Amount of
$13,902.00 to Qaa Marciel Excavating for Road Grading Service
at District Preserves; Agenda Item 6, Approval of Resolution
Providing that Board Members Not Otherwise Eligible for an
Employer-Paid or Partially Employee-Paid Group Vision Care
Plan May Participate in the Plan Available to Permanent
Employees of the District, at the Board Member's Own Expense;
Agenda Item 8, Adopt the Attached Resolution Appointing
Jennifer Ventura as a Peace Officer; and Revised Claims 02-12.
K. Nitz seconded the motion. The motion passed 7 to 0(K. Nitz
abstained on Agenda Item 4;N. Hanko abstained on Claim#4170).
Meeting 02-15 Page 3
VIIL BOARD BUSINESS
A. Agenda Item No. 1 —Proposed Addition of County of Santa Clara
(Hacienda Park Property)to the Mt. Umunhum Area of Sierra Azul Open
Space Preserve; Determine that the Recommended Actions As Set Out in
This Report are Categorically Exempt from the California Environmental
Quality Act(CA); Adopt the Attached Resolution Accepting the
Conveyance of the County of Santa Clara(Hacienda Park)Property;
Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in this Report, Including Naming the
Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open
Space Preserve; Indicate Your Intention to Dedicate the Property for
Dedication as Public Open Space—(Report R-02-911
M. Williams presented the staff report. He noted that staff usually brings
an agreement that has been signed by the seller. This time the District will
sign first.
Staff explained the statement in the report regarding future purchases. M.
Williams said the District has to cover County costs and delinquent taxes
on the lots the County picks for at tax sale. C. Britton said the District
asked that that statement be in the agreement because the District wanted
it clear that the District will be the entity that will attempt to purchase lots,
due to tax delinquency, that may become available in the future.
Motion: M. Davey moved that the Board determine that the
recommended actions as set out in the staff report are
categorically exempt from the California Environmental
Quality Act(CEQA); adopt Resolution No. 02-25,
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Agreement Between the County of Santa Clara and
Midpeninsula Regional Open Space District for
Conveyance of Real Property, Authorizing Officer to
Execute Quitclaim Deed with Open Space Restrictions and
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(Sierra Azul Open Space Preserve—Lands
of County of Santa Clara); tentatively adopt the Preliminary
Use and Management Plan recommendations contained in
the report, including naming the property as an addition to
the Mt. Umunhum area of Sierra Azul Open Space
Preserve; and indicate their intention to dedicate the
property as public open space. P. Siemens seconded the
motion. The motion passed 7 to 0.
Meeting g in 02-15 Page 4
B. Agenda Item No. 2- Consideration of Adoption of Board Policy for
Public Contract Bidding, Vendor and Professional Consultant Selection,
and Purchasing of Services and Supplies—ftport R-02-94).
S. Schectman presented the report, and stated that staff believes the new
policy will be more user friendly, up to date, and understandable. She
talked about how the new policies would streamline the process for public
works contracting and vendor and consultant selection.
C. Britton commended S. Schectman and S. Thielfoldt for their work on
the project and stated that the proposed policies were all comprehensive
and well written.
P. Siemens also commended staff. He thought the policy was excellent
and will improve efficiency and morale.
C. Britton said a policy regarding issuance of credit cards was already in
place. Previously, the District could reimburse employees who used
personal credit cards for District purchases, but they have District cards
now. This policy will clarify and update that.
L. Hassett expressed concern about miscellaneous staff positions having a
purchasing limit of$2,500. He said he hoped there were checks and
balances and that the Department Manager will take responsibility. C.
Britton referred to Section C of the policy which clarified those checks
and balances.
J. Cyr asked about the current policy in which vendors are not limited to
Santa Clara or San Mateo Counties. S. Schectman said that she
recommended deleting a local preference, although by its nature District
bidding tends to attract local bidders. J. Cyr said he thought it was helpful
to encourage the District to purchase from vendors within the District
where it is practical. S. Schectman said staff would look into that further
when they develop the administrative policy.
S. Schectman said the procedures for purchase orders and processing and
account charging would be developed as part of the administrative
policies. C. Britton said staff has some ideas to streamline the purchasing
process.
S. Schectman pointed out on page 4 and 5 a list of examples of
professional services which would be covered by the policy. She said the
policy prohibits segmenting purchases to avoid the policy.
Following discussion, the Board agreed by consensus that staff would
indicate on the claims list those items over$10,000 but under$25,000
which were approved by the General Manager. Staff would try the
process for a year, and it would be included in the administrative
guidelines.
Meeting 02-15 Page 5
Motion: M. Davey moved that the Board adopt the Public Contract
Bidding, Vendor and Professional Consultant Selection,
and Purchasing Policy. J. Cyr seconded the motion. The
motion passed 7 to 0.
C. Agenda Item No. 3—Determine that the Recommended Actions for the
Second Spring Ridge Trail Re-Route are Exempt from the California
Environmental Quality Act (CEQA) As Set Out in this ftort, Authorize
the General Manager to Amend the Agreement with Freyer&Laureta,
Inc. to Provide Consultant Services for Implementation of the Spring
Ridge Trail Re-Route and Sausal Pond Observation Area at Lower Windy
Hill Open Space Preserve for an Additional Sum Not to Exceed $4,000,
Authorize Staff to Solicit Bids for Construction of the Spring Ridge Trail
Re-Route and the Sausal Pond Observation Area at Lower Windy Hill
Open Space Preserve—(Report R-02-9-2 I
C. Britton explained why the trail was being re-routed and why the
services of an engineer are required. He said they would study the area.
Motion: J. Cyr moved that the Board determine that the
recommended actions for the second Spring Ridge Trail re-
route are exempt from the California Environmental
Quality Act(CEQA) as set out in the staff report; and
authorize the General Manager to amend the agreement
with Freyer&Laureta, Inc. to provide consultant services
for implementation of the Spring Ridge Trail re-route and
Sausal Pond observation area at lower Windy Hill Open
Space Preserve for an additional sum not to exceed $4,000.
M. Davey seconded the motion.
Discussion: K. Nitz said he still had concerns. He liked the original
plan. C. Britton suggested that he contact staff and go in
the field with them.
Vote: The motion passed 7 to 0.
D. Agenda Item No. 7, Authorize the General Manager to Enter into
Retainer Agreement with the Law Firm of Miller, Starr and Regalia in the
Matter of Midpeninsula Regional Open Space District v. Wozniak in an
Amount Not to Exceed $25,000—(Repgrt R-02-95),
K. Nitz asked where they were on this matter. S. Schectman said the
parties have stipulated to a temporary restraining order and are working on
negotiating a stipulated preliminary injunction which would essentially
extend the temporary restraining order until trial or other resolution of the
matter. K. Nitz asked what the goal of these orders was. S. Schectman
said the current temporary restraining order prohibits any trail use,
motorcycle use, bicycle use, or any alteration of the Preserve, and allows
Meeting g 02-15 Page 6
the llama use to continue pending trial. The preliminary injunction seeks
removal of the llamas for the rainy season so that winterization and
erosion control can occur. The llamas would be out until spring, at which
time a trial date should have been set, or a mutually acceptable resolution
reached. S. Schectman said there was a wide variety of policy choices that
the Board could make, but she recommended that the Board discuss those
choices in closed session since the matter is in litigation. She said the
motorcycle jump area is still there. J. Maciel and Cindy Roessler were
going out the following day to look at the area and determine what
winterization and erosion control is needed. Staff might be grading and
reseeding it for the winter. S. Schectman said there had been no known
violations of the restraining order to date.
Motion: K. Nita moved that the Board authorize the General
Manager to enter into a retainer agreement with the Law
Firm of Miller, Starr&Regalia in the matter of
Midpeninsula Regional Open Space District v. Wozniak in
an amount not to exceed $25,000. M. Davey seconded the
motion. The motion passed 7 to 0.
E. Agenda Item No. 8, Adopt the Attached Resolution Appointing Jennifer
Ventura as a Peace Officer—(Report R-02-97).
J. Maciel reported on this item which had been approved with passage of
the Consent Calendar. He explained that this is a temporary, part-time
position. They are currently down four rangers, but have four candidates
on whom they are doing background checks at this time.
IX. INFORMATIONAL REPORTS
M. Davey talked about the report from POST in which the District was
mentioned.
K. Nitz: 1. The Use and Management Committee met about the Sierra Azul and
Bear Creek Open Space Preserve's management plan. One of the suggestions
was to do a charette. The Planning Department will do one in November. 2.
There had been several meetings of the Coastal Ad Hoc Committee. 3. He
volunteered at the Los Altos and Redwood City festivals.
N. Hanko: 1. She commented on some FYIs as follows: The Paul McKowan
memo on the volunteer program. The report of the Congressional Committee on
Appropriations' recommendation that Mt. Umunhum be funded. She
congratulated staff on the National Resource Trails grants. 2. The Coastal Ad
Hoc Committee is holding public hearings on the coast. The hearings had elicited
a number of comments, most of which were not on the EIR, but expressing certain
fears about annexation. She talked about Peter Marchi planning to attend the
meeting, even though it will be on his birthday.
Meeting 02-15 Page 7
P. Siemens said there were 10-12 people, including docents, on the Director's
hike in which he participated, and it was a good hike. He said people were
complaining about the Fremont Older Open Space Preserve parking lot situation.
J. Cyr: 1. He said his hike with a Board Member was a similar situation as
described by P. Siemens. It also included docents and was a very pleasant
experience. 2. The most recent issue of Nature Conservancy contained stunning
pictures of the Mt. Hamilton Range.
L. Hassett: 1. He had the latest South Skyline Newsletter. He said he would take
information on the annexation project to their picnic this Saturday. He thought
they were doing a great job with the newsletter. 2. He had a director hike coming
up on Long Ridge and had invited some folks from the coast. 3. He had received
a letter from Ruth Waldhauer which was fairly supportive of District expansion
and expressed a few concerns regarding representation.
D. Little: 1. S. Thielfoldt and he had gone to Southern California and visited the
California JPIA facility. He said it was impressive. He congratulated S.
Thielfoldt for getting the District involved with that agency. 2. He recently
toured the Southwest and had two recommendations: Canyon de Chelly in
Arizona and viewing of several California Condors at the Grand Canyon.
C. Britton: 1. He announced several dates as follows:
• August 6 LAFPC meeting canceled and rescheduled to August 20;
• August 15, 5:30, goodbye picnic for John Kowaleski;
• August 27, press conference at Mt. Umunhum which Congressman Honda
will attend;
• August 28, all-day event for staff recognition at Rancho de Guadalupe;
• September 8 Committee for Green Foothills 40'' Anniversary at Ridge
Winery;
• September 13, evening event at Saratoga Springs for staff recognition;
• September 14, Coastal VIP Tour;
• September 27, Bay Area Open Space Council Annual Conference;
• September 28, Hidden Villa awards event;
• October 5, Volunteer Recognition event at red barn preceded by a
community open house;
• November 15, 30th District Anniversary dinner at the University Club;
• November 22-23, charette, kickoff of planning for Sierra Azul and Bear
Creek. It will be a Board Meeting.
2. The Paulin purchase closed escrow. S. Schectman said the move-out date for
Jack Paulin is August 22. Litigation will be dismissed when he moves out in
compliance with the Purchase Agreement. M. Davey noted that the Paulin's are
having a big party Saturday. C. Britton asked S. Thielfoldt to add the Paulin
property to the District's insurance policy. 3. The FYIs contained the Grand
Jury report which included discussion of Board remuneration which compares
very favorable to other agencies. 4. The FYIs also contained notice of a
categorical exemption 5. He had given Board Members an accounting of the
Meeting 02-15 Page 8
status of the $300 per Board Member conference allowance. 6. Regarding the
coast: a) He was meeting with Jack Olson on Friday. They have requested a 60-
day extension of the comment period for the EIR. He said he would like a
commitment from Farm Bureau about their final interest in this;b) The July 31
meeting will be held here at the Administration office; c) Staff is working on a
fact sheet to clear up erroneous information. It will be mailed to everyone on the
coast; d) Staff is encouraging written responses to the EIR; e) He said the critical
thing is Pescadero had asked for another advisory vote. Rich Gordon will put this
on the August Board of Supervisors agenda. He said the District hoped people
would show up and testify why another vote is not necessary. Staff had a fact
sheet with eight pertinent reasons why a second vote would be inadvisable. He
said staff would be sending a letter to those who signed the petition outlining the
reasons why the vote is not necessary.
L. Hassett expressed concerns about advocating approval of the annexation
project at that hearing. S. Schectman clarified that they are not advocating for any
particular decision or alternative regarding annexation, but only addressing the
second advisory vote issue. Staff points stress that the Board is in the middle of a
process and the issue is, should there be a vote in only a portion of the area being
considered, and what effect would that have on the Board's decision making
process, which is in midstream, and the LAFCo decision making process, which
has not begun. C. Britton stressed that the point of this is not to advocate whether
or not we annex, but that it is inappropriate to place this on the ballot as an
advisory measure in one area when the District is just now circulating the EIR. 7.
There will be a reception for the Director of the National Parks Service on Friday
from 4:30-6:30 at the Presidio in San Francisco.
I Maciel said there would not be a bum at Russian Ridge tomorrow or the next
day. Staff is still working on the bum going forward.
S. Thielfoldt presented an update on the election. She said staff has had many
inquiries. Four incumbents and two additional people have picked up papers, but
no papers have been returned yet.
X. ADJOURNMENT
At 9:10 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary