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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-15
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
July 9, 2003
MINUTES
SPECIAL MEETING
L ROLL CALL
President Nonette Hanko called the meeting to order at 6:33 p.m.
Members Present: Jed Cyr, Larry Hassett, Deane Little(arrived at 6:50 p.m.), Ken
Nitz, Pete Siemens, and Nonette Hanko
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, and Cathy Woodbury
H. CLOSED SESSION
N. Hanko 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 6:34 p.m. and the Closed Session commenced at
6:34 p.m. The Board concluded the Closed Session at 7:34 p.m.
REGULAR MEETING
in. N. Hanko called the Regular Meeting to order at 7:35 p.m. She announced that the
Board had discussed Closed Session Agenda Item 1 and 2 in Closed Session and that no
reportable actions had taken place.
Additional Staff Present: Sally Thielfoldt, John Maciel, Steve Schur, Lisa Zadek, Del
Woods, and Mike Williams
IV. ORAL COMMUNICATIONS—There were none.
V. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded
and the motion passed 7 to 0.
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 i*:=- OFFEEg
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 03-15 Page 2
C. Woodbury introduced Steven Schur, Open Space Planner II,to the Board.
VL ADOPTION OF CONSENT CALENDAR
K. Nitz removed Agenda Item 3, Authorization to Amend Annual Service Agreement
with HiTech Construction Management and Design, Inc. to Provide Construction
Management Services for Capital Improvement Projects in Fiscal Year 2003-2004,
Authorize the General Manager to Amend the Annual Service Agreement with HiTech
Construction Management and Design Inc. of San Francisco to Add Construction
Management Services for Capital Improvement Projects in Fiscal year 2003-2004 in the
Amount of$30,900, for a Total Amount Not to Exceed $93,900; Agenda Item 4,
Guadalupe River Watershed Natural Resource Damage Assessment and Regional Water
Quality Control Board TMDL Process; Authorize the General Manager to Extend the
Agreement for Legal Services with the Law Firm of Barg, Coffin, Lewis& Trapp and
Authorize Payments Not to Exceed an Additional $25,000; and Agenda Item 5,
Midpeninsula Regional Open Space District v. Wozniak: (Encroachment at Bear Creek
Redwoods Open Space Preserve) Authorize the General Manager to Approve Litigation
Expenses Pursuant to the Retainer Agreement with the Law Firm of Miller, Starr&
Regalia in an Additional Amount Not to Exceed $30,000.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
Revised Claims 03-12. K. Nitz seconded the motion. The motion passed
7 to 0. N. Hanko abstained on Claim#6050.
VIL BOARD BUSINESS
A. Agenda Item No. 1 —Adoption of a Salaried Employee Policy as Part of the
District's Personnel Policies and Procedures; Adopt the Attached Salaried
Employee Policies and Procedures—(Report R-03-66).
S. Thielfoldt presented the staff report and reviewed the highlights of the Salaried
Employee Policy. She said that consultants were not covered by this policy. She
said probably one-third of staff is salaried
S. Thielfoldt stated that the District has an excellent administrative leave policy.
She said it is not hour for hour, but is designed to recognize that many salaried
employees work more than 40 hours per week. She said there is no comp time for
salaried employees; however, staff can use flex time. Management Team
discusses the flex time policy in their meetings regularly.
Regarding Section 5.1 which talked about guidelines, S. Thielfoldt said language
was not yet written because there are so many unique situations at the District.
She said a big component of the policy is core hours which is about attendance
and availability, versus an hourly rate of pay.
S. Schectman said if the Board adopted the policy at this meeting, this anticipates
that the General Manager establish those guidelines. In the interim the policy
Meeting 03-15 Page 3
itself is sufficiently broad that staff will be able to work within it until specific
administrative guidelines are adopted.
S. Thielfoldt talked about the terms"salaried" and"exempt."
S. Thielfoldt said that all salaried employee issues were addressed in the policy.
C. Britton added that changes were made considering staff input.
Motion: I Cyr moved that the Board adopt the Salaried Employee Policies
and Procedures. L. Hassett seconded the motion. The motion
passed 7 to 0.
B. Agenda Item No. 2-Proposed Exchange of Interests in Real Property with
Presentation Center and Proposed Addition to Bear Creek Redwoods Open Space
Preserve(Santa Clara County APN 544-50-003, 544-50-005, 544-50-006, and
Santa Cruz County APN 091-051-02, 091-051-03)and Approval of Associated
Agreements: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 and Authorizing the Attached Agreement to
Exchange Interests in Real Property, Approving and Authorizing the Attached
Purchase Agreement for the Presentation Center Property, and Approving the
Related Documents: Tentatively Adopt the Preliminary Use and Management
Plan Recommendations Contained in this Report and Naming the Propert as s an
Addition to the Bear Creek Redwoods Open Space Preserve: Indicate your
Intention to Dedicate the 197.95-Acre Presentation Center Property Being
Acquired In-Fee as Public Open Space—(Report R-03-67),
intr introduced Sister Patricia Marie and M McCullough who were in
M. Williams o Mary g
the audience. He provided background information.
D. Woods gave a PowerPoint presentation discussing the staff report. He talked
about the parking lots, including a permit-only lot. He said there is evidence of
motorcycle and four-wheel-drive traffic entering from the Holmes property, so
staff would be looking at appropriate barricades. He said it would be nice if the
District could work with the neighboring property owner to get that sealed off.
Regarding legal recourse if a neighbor allows the public to go through their land,
S. Schectman said if the District's land was closed, staff could enforce the
trespass ordinance. If a neighbor allowed the public through their property onto
the District's property, it could be a nuisance situation.
M. Williams presented the terms and conditions of the agreements, including the
purchase agreement, exchange agreement, and the reciprocal use agreement. He
pointed out the last-minute changes to the agreements requested by Santa Clara
County.
Meeting 03-15 Page 4
M. Williams discussed the grant restrictions from the California Coastal
Conservancy and the State Wildlife Conservation Board. He said that at the
previous Regular meeting the Board had approved a grant agreement with the
Coastal Conservancy for 50 percent funding of this project. That agreement is
subject to review by the Conservancy.
S. Schectman said staff is optimistic that they can answer the Conservancy's
questions; however, the comment from the Conservancy suggests that the
Conservancy's view is that the appraisal amount should be reduced, and if they
don't change their mind, that theoretically could result in less than a 50 percent
matching grant. She said the Board needed to be comfortable about approving
this transaction knowing that the District might not be guaranteed the full 50
percent match.
C. Britton said this is not an unusual circumstance. If the Board approves this, it
is approving the full purchase price of$3,365,000,no matter how much grant
money the District gets. There is no suggestion that a reduction in the appraisal
would result in a reduction in the purchase price. Because of the Cargil
transaction, the Conservancy has become very careful about appraisal review. He
said it was very unusual to have legal counsel from a third party agency review an
appraisal. While staff cannot guarantee the District will get the full half of the
grant, he said it was a 99 percent chance that the District would. He was
confident the fair market value appraisal was accurate.
M. Williams said that he felt that if there were not grant funds available, staff
would still recommend the purchase of the property at the suggested price.
I Cyr suggested some corrections: Exhibit A, page 4, last sentence under
paragraph F, insert"be." Page 5, item 8, add commas to the dollar amount
instead of periods. Exhibit C, page 2,third line from the bottom,take out extra
underline.
D. Woods talked about the dump sites, and said that there was nothing suspicious
there,just household waste. M. Williams said the water tanks have been removed
from the Christmas tree farm. D. Woods said the two water tanks at the top of the
property were part of the Presentation water system.
D. Woods said the fire management plan would be through the Master Planning
process; field staff will review and make immediate recommendations on what
should be done.
C. Britton said with this agreement,they were solving any prescriptive rights. S.
Schectman said there are no third party claims of prescriptive rights on the
Sisters' property staff is aware of.
i
Meeting 03-15 Page 5
In regard to the Preliminary Use and Management plan regarding use by the
public, D. Woods said Planning staff had GPS-ed everything. He pointed out an
acknowledged problem—there are no safe crossings of Bear Creek Road, so staff
doesn't want to put trails into a permit system until the master plan is complete.
C. Britton said the District's permits are mainly for equestrians and neighbors,
and staff does not want to encourage parking on the road, as it is very narrow.
C. Woodbury spoke to the issue of the master planning for Bear Creek and Sierra
Azul. She said that the process is starting later this year and will include public
and Board input. She said staff needs to evaluate this area prior to letting the
public onto the preserve.
D. Woods showed existing trails on a map and pointed out problems.
C. Woodbury said she would check to see if this is part of the vegetation study.
Regarding camping, M. Williams said he thought the camping had taken place
since the caretaker moved out. Someone is squatting where he lived.
C. Britton said that the Sisters of Presentation have been very supportive since the
District first acquired Bear Creek. He said this is a symbiotic relationship, similar
to the District's relationship with Hidden Villa. He said that he was proud that the
District can do this transaction and work together with a group that is so closely
aligned with what both groups are trying to accomplish.
D. Woods said signage would be part of the Master Plan. C. Britton said even the
existing easement is not good line of sight. The entry would have to be realigned
and the road straightened out which would affect property owned by someone
else. He said this might never be a point of access. The way it is currently
configured, this would only be a permit lot.
Motion: M. Davey 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. 03-23, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing Officer to
Execute Agreement to Exchange Interests in Real Property,
Authorizing Officer to Execute Purchase Agreement, Authorizing
Officer to Execute Easement Deeds, Authorizing Officer to
Execute Certificates of Acceptance of Grants to District,
Authorizing Officer to Execute Reciprocal Easement and Use
Agreement, Authorizing Officer to Execute Declaration of
Covenants, Conditions and Restrictions and Authorizing General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of These Transactions (Bear Creek
Meeting 03-15 Page 6
Redwoods Open Space Preserve—Lands of The Presentation
Center);tentatively adopt the Preliminary Use and Management
Plan recommendations contained in the staff report and naming the
property as an addition to the Bear Creek Redwoods Open Space
Preserve; and indicate their intention to dedication the 197.95-acre
Presentation Center Property being acquired in-fee as public open
space. P. Siemens seconded the motion.
Discussion: Sister Patricia Marie said she was happy to reach a symbiotic
relationship with the District. One of their key goals was to
promote the sustainability of the earth. She said they knew they
did not have the personnel or means to do adequate forest
management. She said the parking lot has been under discussion
for some 70 years. She said the money would become an
endowment for the maintenance of the property so they will be
able to the keep the retreat center and the spirituality of it as well
as the ecological education. She invited Board Members to attend
a dinner and tour of the facility. She talked about the new building
which would include solar power.
Vote: The motion passed 7 to 0.
C. Agenda Item No. 3—Authorization to Amend Annual Service Agreement with
HiTech Construction Management and Design, Inc. to Provide Construction
Management Services for Capital Improvement Projects in Fiscal Year 2003-
2004, Authorize the General Manager to Amend the Annual Service Agreement
with HiTech Construction Management and Design, Inc. of San Francisco to Add
Construction Management Services for Capital Improvement Projects in Fiscal
year 2003-2004 in the Amount of$30,900, for a Total Amount Not to Exceed
$93,900—(Report R-03-65).
C. Woodbury said the required modifications related to the indemnification
clause. The other bidding consultant did not want to indemnify District, which
was why staff was recommending amending the agreement with HiTech. S.
Schectman said this is a normal requirement.
Motion: K. Nitz moved that the Board authorize the General Manager to
amend the annual service agreement with HiTech Construction
Management and Design, Inc. of San Francisco to add construction
management services for capital improvement projects in fiscal
year 2003-2004 in the amount of$30,900, for a total amount not to
exceed $93,900. P. Siemens seconded the motion.-The motion
passed 7 to 0.
D. Agenda Item No. 4, Guadalupe River Watershed Natural Resource Damage
Assessmentand Regional Water Quality Control Board TMDL Process,
Meeting 03-15 Page 7
Authorize the General Manager to Extend the Agreement for Legal Services with
the Law Firm of Barg, Coffin, Lewis & Trapp and Authorize Payments Not to
Exceed an Additional $25,000—(Report R-03-64).
S. Schectman said work has continued on this project. She said the law firm has
waited patiently for payment expecting that the NRDA process would have
concluded earlier. They will not move forward on the TMDL until the Board
approves the expenditure at this meeting. The firm did go over budget by$4,000
which is covered with tonight's approval. She said these were unusual
circumstances.
Motion: K. Nitz moved that the Board authorize the General Manager to
extend the agreement for legal services with the Law Firm of Barg,
Coffin, Lewis & Trapp and authorize payments not to exceed an
additional $25,000. J. Cyr seconded the motion. The motion
passed 7 to 0.
E. Agenda Item No. 5, Midpeninsula Regional Open Space District v. Wozniak:
(Encroachment at Bear Creek Redwoods Open Space Preserve) Authorize the
General Manager to Approve Litigation Expenses Pursuant to the Retainer
Agreement with the Law Firm of Miller, Starr&Regalia in an Additional
Amount Not to Exceed $30,000—(Report R-03-63).
S. Schectman said additional funds would be needed to bring the case to
conclusion. K. Nitz suggested that when these situations occur that they be
brought to the Board sooner.
Motion: K. Nitz moved that the Board authorize the General Manager to
approve litigation expenses pursuant to the retainer agreement with
the Law Firm of Miller, Starr&Regalia in the matter of
Midpeninsula Regional Open Space District v. Wozniak in an
additional amount not to exceed $30,000. M. Davey seconded the
motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
M. Davey said there will be a hearing on the trail situation on Stanford lands. She said
this was a County meeting.
K. Nitz said he had dinner with Matt Allen.
D. Little: 1. He got a constituent call saying the parking lot was full at Rancho San
Antonio at 7:00 a.m on Saturday morning. C. Britton said if we have to provide
additional parking, Cristo Rey would have to be widened from two lanes to four. 2. He
noticed trail widening on Rhus Ridge, and asked why. He was used to seeing 3-1/2 foot
wide trails, and they are now 5-6 feet wide. He was not sure why. J. Maciel said trails
Meeting 03-15 Page 8
get annual maintenance. The Sweko makes them wider, but they naturally narrow down
after a few years. D. Little expressed concern regarding the spread of star thistle where
trail work had been done. He asked about the sloping process. J. Maciel said part of
their new standard is that they out-slope trails which helps water disbursement. He talked
about why the District used that method. C. Britton said the out-sloping comes from the
Tim Best study at El Corte de Madera and it is what all agencies are moving to including
the forest service, so that water sheets off. D. Little said he was not sure he agreed with
the practice. C. Woodbury said that these are standard details that staff has been working
on in the action plan and the resource management strategic plan. A lot of Tim Best's
work has been incorporated and he has participated. 3. On Black Mountain Trail, he
encountered a lone biker using trails closed to bikes. He stopped him and was told he
was on a"nostalgic ride."
P. Siemens attended Bill Cook's Fourth of July party on the coast. He ran into B. J.
Burns and had a nice conversation. He thought he had a better appreciation of the
District.
J. Cyr said a resolution will go in front of the Sunnyvale council, likely on the 15t'. He
and J. Escobar would attend.
L. Hassett: 1. He went to three Fourth of July parties, including Bill Cook's. He also
had a very positive conversation with B. J. Burns. 2 He talked about what happened at the
Woodside Town Council meeting, and said it was sort of an ambush. He said it was
clear that they wanted the District to become more responsive to their community and
their citizens. He talked about some of the issues that were raised at the meeting. C.
Britton said that staff would follow up with.
N. Hanko: 1. L. Hassett was well received at Bill Cook's party. 2. She gave a brief
overview of her experience at the British Columbia conference and what she saw in
Vancouver and Victoria. She brought literature and shared booklets and had put together
a picture portfolio.
C. Britton: 1. The FYI's contained the following: Notice of a Financing Authority
meeting on August 13; a letter to Mariquita West; a press release from Henry Coe State
Park; and a design for letterhead for the 30th anniversary. 2. D. Sanguinetti is in
Switzerland for five weeks and Craig Beckman is the acting Area Superintendent. 3. He
met with Sup. Jerry Hill. 4. The State budget is stalled. 5. Regarding the recall effort,
they are claiming they have enough signatures to go on the ballot. If it is a special
election, it will cost at least $30 million. 6. J. Escobar is at the Portola Valley City
Council meeting tonight. 7. The party for J. Escobar is on July 25 at 5:30 P.M. at
Picchetti.
C. Woodbury said there would be a Use and Management Committee site visit on
Saturday and another Use and Management meeting on August 16 on-site at Pulgas.
S. Thielfoldt reported that field staff received ergonomic training.
Meeting 03-15 Page 9
K. Nitz said he was doing the Los Altos Art and Wine Festival on Sunday.
I Maciel said the Russian Ridge burn has been put off for two weeks.
IX. ADJOURNMENT
At 9:58 p.m. the Regular Meeting adjourned. At 10:13 p.m., the Board adjourned to the
Special Meeting Closed Session to discuss Closed Session Agenda Item No. 2. The
Special Meeting adjourned at 11:02 p.m. No reportable action was taken.
Roberta Wolfe
Recording Secret