HomeMy Public PortalAbout20021211 - Minutes - Board of Directors (BOD) Regional Open S, ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 02-23
REGULAR MEETING
BOARD OF DIRECTORS
December 11, 2002
MINUTES
I. ROLL CALL
President Deane Little called the meeting to order at 7:32 p.m.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett,Ken Nitz,
Pete Siemens, and Deane Little.
Members Absent: None.
Staff Present: Craig Britton, Sally Thielfoldt, Mike Williams, Del Woods, John
Maciel, John Escobar, David Sanguinetti, Mike Newburn, and Carl Oosterman.
Others Present: Ralph Heim and Mike Foster.
H. ORAL COMMUNICATIONS—There were none.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded and the
motion passed 7 to 0.
J. Maciel introduced Mike Newburn, newly promoted Foothills Area Superintendent;
Frances Reneau, Ranger; and Obadiah Broughton and Jim Mort, new Open Space
Technicians. D. Sanguinetti introduced Ken Bo116, hired as a new Open Space
Technician.
IV. ADOPTION OF CONSENT CALENDAR
J. Cyr removed Agenda Item 11, Approval of a New Procedure for Allocating and
Administering Personal and Administrative Leave to Employees; Approve the Attached
Amendment to Section 6.2 of the District's Personnel Policies and Procedure Manual
Regarding Allocation and Administration of Personal and Administrative Leave;
Approve an Interim Procedure for Administering Personal Leave for Represented
Employees Providing that any Personal Leave Remaining on January 1, 2003 be Carried
Over From the Previous Calendar Year.
330 Distel Circle . Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 , E-mail: mrosd@openspace.org openspace.org • Web site:www.openspace.org «'• Goa&��$'
Board of Directors:Pete Siernens,Mary C. Davey,Jed Cyr,Deane Little, Nanette Hanko,Larry Hassett, Kenneth C.Nitz -General Manager:L.Craig Britton
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Meeting 02-23 Page 2
Staff answered questions about Claims 4980 (shooting and editing of video footage) and
4932 (Jacques Ridge parking lot).
J. Cyr noted a correction to the letter to Rich Gordon that was contained in the FYIs
(change "your" to "you" in the 7t' line).
Motion: L. Hassett moved that the Board adopt the Consent Calendar, including
Agenda Item 10, Appoint Macias, Gini and Company as the District's
Auditors for the Fiscal Year Ending March 31, 2003 and Authorize the
General Manager to Execute the Engagement Letter in the Amount of
21 032; and Revised Claims 02-19. P. Siemens seconded the motion.
The motion passed 7 to 0. N. Hanko abstained on Claim#4954, and K.
Nitz abstained on Claim#4865.
V. BOARD BUSINESS
A. Agenda Item No. 1 —Legislative Briefing_by Ralph Heim— (Ra ort R-02-135 .
C. Britton noted that this was Mr. Heim's 20t'year with the District.
R. Heim reviewed the legislative session that ended on August 31, 2002 and
talked about the budget and the election.
Board Members thanked Mr. Heim.
B. Agenda Item No. 2- Appointment of Unopposed Candidates in Wards 1, 2 and 5
and Declaration and Certification of Elected Candidate in Ward 6• Ado e
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Attached Resolutions Appointing Unopposed Ward 1 Candidate Peter W.
Siemens, Ward 2 Candidate Mary C. Davey, and Ward 5 Candidate Nanette G.
Hanko to a Four Year Term as Ward 1 Ward 2 and Ward 5 Directors
Respectively; Their Four-Year Terms Will Begin on January 6. 2003: Adopt the
Attached Resolution Declaring and Certifying the Election of Candidate Lam
Hassett as Director of Ward 6;His Four-Year Term Will Begin on January 6,
2003 — eport R-02-130).
S. Thielfoldt presented the staff report.
Motion: J. Cyr moved that the Board adopt Resolution No. 02-41,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Appointing Director—Ward 1 of the Board of
Directors of the Midpeninsula Regional Open Space District; adopt
Resolution No. 02-42, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Appointing Director—
Ward 2 of the Board of Directors of the Midpeninsula Regional
Open Space District; adopt Resolution No. 02-43,Resolution of
the Board of Directors of the Midpeninsula Regional Open Space
District Appointing Director—Ward 5 of the Board of Directors of
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Meeting 02-23 Page 3
the Midpeninsula Regional Open Space District; and Resolution
No. 02-44, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Declaring and
Certifying the Election for Director—Ward 6 of the Board of
Directors of the Midpeninsula Regional Open Space District. K.
Nitz seconded the motion. The motion passed 7 to 0.
S. Thielfoldt administered Oaths of Office to Directors Siemens, Davey, Hanko,
and Hassett. C. Britton presented certificates from San Mateo County to N.
Hanko and L. Hassett.
C. Agenda Item No. 3- Adopt the Resolution of the Board Appointing;Frances
Reneau as a Peace Officer—(Report R-02-120).
J. Maciel reviewed the staff report.
Motion: N. Hanko moved that the Board adopt Resolution No. 02-45,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Appointing Peace Officer. L. Hassett
seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 4—Adopt the Resolution of the Board Re-Appointing,Michael
Newburn as a Peace Officer—(Report R-02-129).
J. Maciel presented the staff report.
Motion: N. Hanko moved that the Board adopt Resolution No. 0246,
Resolution of the Board of Directors of the Midpeninsula Regional
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Open Space District Appointing Peace Officer. M. Davey
seconded the motion. The motion passed 7 to 0.
E. Agenda Item No. 5 -Proposed Addition of CHY Property to Mt. Umunhum Area
of Sierra Azul Open Space Preserve;Determine that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act(CEQA)
As Set Out in this Report; Adopt the Attached Resolution Authorizing Purchase
of the CHY Property; Tentatively Adopt the Preliminary Use and Management
Plan Recommendations Contained in this Report and Naming the Property as an
Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Indicate
our Intention to Dedicate the Pro a as Public Open Space at this Time—
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(Report R-02-138).
D. Woods reported on Items 5 and 6 and showed slides of theproperty.
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M. Williams reviewed the terms and conditions of the CHY property acquisition,
noting that the owners of the towers have the right of first refusal on the 36 acre
remainder parcel. He explained why adjacent owners have retained the mineral
Meeting 02-23 Page 4
rights on Loma Prieta Ranch. C. Britton said the mineral rights have been
retained by previous owners on about ten percent of the District's land.
L. Hassett expressed concerns regarding responsibility for road maintenance in
the event of a major slide causing a portion of the road to be lost. M. Williams
said the road is considered a public road. C. Britton said he thought that of all the
roads there, the only one for which the District would have exclusive
responsibility is the one that passes from Loma Prieta Avenue through to
Highland Way. The rest are used by lots of people and are not District
responsibility.
P. Siemens asked what would occur if the owners of the 36 acre remainder
wanted to build a house. M. Williams stated that by creating a legal parcel, they
have not established that it is buildable. C. Britton said that was a concern of
CHY. There has been no determination whether or not it is buildable.
S. Schectman noted that the remainder parcel is being lawfully created, and staff
does not know if it is buildable.
M. Williams said staff was aware of one car along the side of the road, but the
previous illegal dumping areas had been cleaned up.
Motion: K. Nitz 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. 0247, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant and Quitclaim Deeds,
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 The CHY
Company); tentatively adopt the Preliminary Use and Management
Plan recommendations contained in the report and naming the
property as an addition to Mt. Umunhum Area of Sierra Azul Open
Space Preserve; and indicate their intention to dedicate the
property as public open space at this time. M. Davey seconded the
motion. The motion passed 7 to 0.
S. Schectman acknowledged M. Williams' efforts on this purchase.
F. Agenda Item No. 6-Proposed Addition of Peninsula Open Space Trust Property
(Loma Prieta Ranch)to Mt. Umunhum Area of Sierra Azul Open Space Preserve;
Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act CEQA) As Set Out in this Report; Adopt
the Attached Resolution Authorizing,Purchase of the Peninsula Open Space Trust
Meeting 02-23 Page 5
Property: Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in this Report and Naming;the Prope , as an
Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve: Indicate
Your Intention to Dedicate the Property as Public Open Space at this Time—
(Report R-02-137).
M. Williams talked about the history of the property and outlined the terms and
conditions.
C. Britton added that it was great to have a partner like POST. The District has
gotten $500,000 in grants because of their cooperation. In addition, POST is not
charging the District for additional costs they have spent on the property,
including property taxes. He said this was an excellent example of how the
District works with POST. Regarding property taxes, staff will approach Santa
Cruz County regarding the appraisal. The reason the District cannot annex right
away is that the property does not adjoin the District boundary, but it adjoins the
sphere of influence.
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. 02-48, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District,Execute
Reservation of Conservation Easement 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 POST); tentatively adopt the Preliminary Use
and Management Plan recommendations contained in the report
and naming the property as an addition to Mt. Umunhum Area of
Sierra Azul 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 7 to 0.
G. Agenda Item No. 7-Dedication Status of District Lands, Adopt the Resolution
Dedicating Interests in Certain District Lands for Public Open Space Purposes—
(Report R-02-134).
D. Woods resented the staff report, and talked about the three properties to be
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dedicated: 21.9 acres(Paulin property)—La Honda Creek; 140 acres
(Paulin/Keller property)—La Honda Creek; and 42 acres (Bullis property) -
Skyline Ridge. He said the big dedications, probably coming up next year, are
Bear Creek Redwoods and the Krone Bishop property.
Meeting 02-23 Page 6
C. Britton said the District has about 500 density credits and talked about why
staff has not recommended dedicating them.
Motion: N. Hanko moved that the Board adopt Resolution No. 02-49,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Dedicating Interests in Certain District Lands
for Public Open Space Purpose. K. Nitz seconded the motion.
The motion passed 7 to 0.
H. Agenda Item No. 8- Consider Alternative Scheduling,for All Regular January
Board Meetings Including Those Scheduled for January 8 and January 22, 2003-,
Based Upon the District's Rules of Procedure, Determine that the Date of the
Regular Meetings of the Board of Directors Shall be the 3rd and 5th Wednesday
in Any Month of January in Which There are Five(5)Wednesdays for that Year;
Reschedule the Regular Meeting, of the Board of Directors from January 22, 2003
to January 29, 2003 —(Report R-02-131).
C. Britton outlined staffs recommendations.
L. Hassett was concerned about the meeting change because of brochures in that it
is not applicable for four years.
Motion: J. Cyr moved that based upon the District's Rules of Procedure,the
Board determine that the date of the Regular Meetings of the
Board of Directors shall be the P and 5�'Wednesdays in any
month of January in which there are five(5)Wednesdays for that
year. K. Nitz seconded the motion.
Discussion: C. Britton talked about why staff is proposing the change. Board
Members discussed their concerns.
Vote: The motion passed 5 to 2 (Directors Davey and Siemens voted no).
Motion: J. Cyr moved that the Board reschedule the Regular Meeting of the
Board of Directors from January 22, 2003 to January 29, 2003. K.
Nitz seconded the motion. The motion passed 7 to 0.
I. Agenda Item No. 9- Approve "Mid-Year" Amendments to the 2002-2003 Fiscal
Year Budget, Accept the District Controller's Mid-Year Financial Report:
Approve the Attached Resolution Implementing an Amendment to the 2002-2003
Fiscal Year Budget in Accordance with the Administration and Bud et
Committee Recommendation, Approve an Increase in the Threshold for the Small
Equipment Budget Category from $500 to $5,000—t'Report R-02-139).
Meeting 02-23 Page 7
M. Foster resented the mid-year financial review. C. Britton talked about the
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proposed mid-year budget changes. S. Thielfoldt reviewed the changes as shown
in Exhibit A of the report.
C. Britton talked about the growth guideline and some land acquisition expenses
that possibly should not be included in the guideline. He said the reason for the
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increase in the small equipment budget is that the definition of small equipment
was changed, as shown in the staff report.
Motion: P. Siemens moved that the Board accept the District Controller's
Mid-Year Financial Report; approve Resolution No. 02-50,
Resolution f h B r f Directors of the Mid peninsula Regional
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Open Space District Adopting Amendments to the Budget for
Fiscal Year 2002-2003; and approve an increase in the threshold
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for the small equipment budget category from $500 to $5,000. K.
Nitz seconded the motion. The motion passed 7 to 0.
J. Agenda Item No. 11, Approval of a New Procedure for Allocating and
Administering Personal and Administrative Leave to Employees: Approve the
Attached Amendment to Section 6.2 of the District's Personnel Policies and
Procedure Manual Regarding Allocation and Administration of Personal and
Administrative Leave; Approve an Interim Procedure for Administering Personal
Leave for Represented Employees Providing that any Personal Leave Remaining
on January1 2003 be Carried Over From the Previous Calendar Year.
C a e
J. Cyr noted some language changes.
Thi if ldt answered Board questions regarding the various types of leave. C.
S. e • q E E Y!
Britton talked about the history of personal leave. Staff answered questions about
the proposal.
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Motion: K. Nitz moved that the Board approve the Amendment(as
amended)to Section 6.2 of the District's Personnel Policies and
Procedure Manual regarding allocation and administration of
Personal and Administrative Leave; and approve an Interim
I
Procedure for Administering Person Leave for Represented
employees providing that any Personal Leave remaining on
January 1, 2003 be carried over from the previous calendar year. J.
Cyr seconded the motion. The motion passed 7 to 0.
Staff said they would make the grammatical changes suggested by J. Cyr.
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VI. INFORMATIONAL REPORTS
J. Cyr said he thought the 3&Anniversary party was fantastic.
Meeting 02-23 Page 8
L. Hassett: 1. He talked about a hike with Chuck Kozak on Rancho Corral de Tierra. 2.
He had lunch with Supervisor Rich Gordon.
M. Davey: 1. She talked about the POST evening at Midpeninsula Bank. 2. The group
met with Supervisor Kniss regarding trails on Stanford land. The Board of Supervisors
will meet on December 19. She understood that the proposed trails will be bifurcated.
Stanford will pay for the EIR on four locations. 3. She agreed with I Cyr regarding the
30a' Anniversary event.
N. Hanko: 1. She attended the planning commission meeting to express the District's
views on zoning, and she and C. Woodbury met with the Palo Alto Planning staff for the
same purpose.
J. Cyr thanked C. Britton for the letters he sent to the people who donated to the
anniversary event.
M. Davey reported that last Friday, she and C. Britton had lunch with Nick Ammann,
Field Representative for Rebecca Cohn. They talked to him about possible legislation
she might carry to benefit the District.
D. Little: 1. He thanked staff regarding the 30a' Anniversary event. 2. He had hiked at
Black Mountain and talked about the wildlife and how calm and healthy they are.
M. Davey had copies of the article from the Committee for Green Foothills newsletter
that I Cyr had mentioned at a previous meeting.
C. Britton: 1. He said he was sorry he had not had a chance to introduce Brian Steen,
Executive Director of Sempervirens Fund, who already left the meeting. 2. He pointed
out in the FYIs the letter from the Silicon Valley Manufacturing Group supporting the
coastal annexation.
L. Hassett reported on the meeting he hosted for the South Skyline Association on the
annexation. He said there were about 40 members of the public there, and the meeting
went fairly well. At the end of the meeting, the Board of Directors voted to send a letter
endorsing the extending of the boundaries.
C. Britton: 3. He referred to the thank you letter to Tom Lockard for the $5,000
donation from Stone and Youngberg. Mr. Lockard will be presented with a picture of a
preserve at a future Board meeting. 4. He had received an invitation to Gov. Davis's
inauguration and will not be able to attend and wondered if a Board member would like
to attend. 5. He had an invitation to the Silicon Valley Joint Venture breakfast on
January 24 at which time they will introduce their 2003 index report. 6. As a follow up
to the Bay Area Open Space Council Conference held on the coast, he met at the Farm
Bureau to talk about where to go from here. The Farm Bureau is having an agricultural
summit on February 28. 7. The clippings contained an article on the handball courts at
Meeting 02-23 Page 9
Rancho. He updated them on the bids received for their removal. J. Maciel answered
questions about the project. 8. He talked about the management retreat held on
November 22, followed by a meeting with the supervisors this morning. Information
from those meetings will be coming to the Board, perhaps as part of the action plan. He
thought they were very good meetings.
J. Maciel said the new fire safe publication was available in the lobby.
S. Jensen: 1. Staff is finishing the PowerPoint presentation which includes the coastal
module. 2. They are preparing outreach letters inviting elected officials to a briefing
regarding the annexation.
Carl Oosterman: 1. He presented a Community Programs update including an equestrian
ride led by docents. 2. The family outdoor discovery program will begin this coming
weekend.
VH. ADJOURNMENT
At 10:37 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary