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Home My Public Portal About20041013 - Minutes - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-21 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 13, 2004 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the meeting to order at 5:37 p.m. Members Present: Jed Cyr, Larry Hassett, Ken Nitz, Pete Siemens, and Mary Davey Members Absent: Nonette Hanko, Deane Little Staff Present: Craig Britton, Sue Schectman, John Maciel, Fran Buchanan 11. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1-7. The Board recessed to Closed Session at 5:37 p.m. and the Closed Session commenced at 5:37 p.m. The Board concluded the Closed Session at 7:35 p.m. REGULAR MEETING 111. M. Davey called the Regular Meeting to order at 7:37 p.m. She announced that the Board had discussed Closed Session Agenda Items 1-7 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Thomas Fischer, Gordon Baillie, Mike Williams IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Meeting 04-21 Page 2 K. Nitz removed Agenda Item 5, Approval of Salary Adjustment for District Controller and Approval of District Controller's Employment Agreement; Adopt Resolution Approving District Controller's Employment Agreement to Reflect a 3 Point Salary Increase Per Annum Retroactive to April 1, 2004. Motion: K. Nitz moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 5 to 0. V1. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding claims: #1523, General Graphics Exhibits — mock-ups of bulletin boards; #1520, First Bankcard — purchase of two laptops and software; #1547, Mountain View Voice — publication of ordinance approved at last meeting; #1553, PG&E — Whittimore parking lot at Purisima-, #1557, Ray Budzinski — installment payment on grazing plan-, #1574, Timothy Best — staff will get information for K. Nitz; #1593R, Eric Remington — grants Board approved at last meeting. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the October August 11, 2004 Special and Regular Meeting; Agenda Item 4, Confirmation of a Special Meeting of the Board of Directors to Further Implement the Processes Set Out in the District's Resolutions Fulfilling LAFCo's Conditions of Approval of the Annexation of the Coastside Protection Area; Agenda Item 6, Authorize an Amendment to the Contract with District Auditor, Macias. Gini & Company, and Authorize the General Manner to Expend a total of $28,361 for Auditing Services for Fiscal Year 2003/2004, Which Represents $6,308 Over the Current Contract Amount; Agenda Item 7, Approval o Lease Modification/Supplement Ground Lease for Communications Structures with FAA, Black Mountain, Rancho San Antonio OSP• Determine Recommended Actions are Exempt from CEQA• Adopt. Resolution Approving, Lease Modification; and Revised Claims 04-14. P. Siemens seconded the motion. The motion passed 5toO. Dir. Nitz abstained on Claim #1586. VII. BOARD BUSINESS A. Agenda Item No. I — Acceptance of a Quitclaim of a Conservation Easement over San Mateo County Assessor's Parcel Number 080-260-150 (former Rose-Basich Property)• Determine Recommended Actions are Cate,Yoricallv Exempt from CEQA; Adopt Resolution Authorizing Acceptance of the Conservation Easement from POST — (Report R-04- 101). Meeting 04-21 Page 3 T. Fischer introduced Angela Macfarlane, property owner, and presented the staff report. The document delineates prohibited and approved uses in general. He said the monitoring is in place to conserve the open space nature of the property. The agreement allows for the improvements that were there when the easement was granted. The purpose of the easement is to preserve habitat and view shed, as well as provide a buffer between the private property and the preserve. He responded to the concerns brought up in the letter to the Board from Ms. Macfarlane. One of the concerns was about the Use and Management recommendation to withhold dedication of the property. He asked that the recommendation be amended to read, "Indicate your intention to withhold dedicating the conservation easement as public open space at this time." Angela Macfarlane, 1330 Crazy Pete's Road, Woodside, thanked T. Fischer for his responses to her letter and said she looked forward to working with the District. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and adopt Resolution No. 04-36. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Quitclaim to Midpeninsula Regional Open Space District of Easement, Authorizing Officer or General Manager to Execute a Certificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Coal Creek Open Space Preserve — POST Conservation Easement), including the amendment of the recommendation regarding dedication. J. Cyr seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 2 - Approval and Adoption ofRevised Schedule Fee Penalties for Parking Violations for MROSD —(Report R-04-98). G. Baillie outlined staffs recommendations. He noted that this was separate from the bail schedule approved at the previous meeting. Parking violations are handled as a civil matter rather than criminal matter. He said the Fines are not considered as revenue. L. Hassett commented that he was not sure the offenders who get tickets are repeat offenders, and he would rather leave the Fines as they are. G. Baillie explained that an outside company does the processing. The fines Meeting 04-21 Page 4 would cover that cost, so it would be a wash as far as revenues. In addition, the Vehicle Code says it is beneficial that all agencies have similar parking fines. L. I-lassett said they have to find another solution. The problem is that there is not enough parking. J. Maciel said the only solution is to turn people away. K. Nitz suggested putting up signs about carpooling. C. Britton said staff would look into the matter and bring it back to the Board. The problem is, they cannot build more parking. Perhaps they could implement timed parking. J. Maciel said the County's master planning project included the parking restrictions. G. Baillie said the fines had not been raised for at least eight years. Motion: K. Nitz moved that the Board adopt the revised MROSD Parking Violations Penalty Schedule. J. Cyr seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 3 - Proposed Amendment to Resolution No. 04-13 Regarding Appointment of an Ombudsperson to Delete the Provision Requiring District Residency; Approve the Procedures for Interviews for the Ombudsperson; Amend Resolution No. 04-13 to Delete the Requirement that the District Ombudsperson be a District Resident (Report R-04-104). C. Britton outlined the report and explained why the number of finalists was limited to four. S. Schectman said whether or not to re-advertise because of the change would be a policy decision, not a legal issue. Motion: L. Hassett moved that the Board amend Resolution No. 04- 13 to delete the requirement that the District ombudsperson be a District resident; and approve the Procedures for Interviews for the Ombudsperson. J. Cyr seconded the motion. The motion passed 5 to 0. D. Agenda Item No. 5 - Approval of' Salary Adjustment for District Controller and Approval of District Controller's Employment Agreement, Adopt Resolution Approvim.,, District Controller's Employment Agreement to Reflect a 3 Point Salary Increase Per Annurn Retroactive April 12004 —(Report R-04-)7). Meeting 04-21 Page 5 K. Nitz asked about the word "modernize" in the third paragraph of the staff report. S. Schectman said they had simplified and clarified some of the language. There were no major changes and no deletions of anything substantive. M. Foster had reviewed the agreement. K. Nitz suggested deleting the last sentence of Section 3.A) of the agreement because it was also contained in Section 3.13). Motion: K. Nitz moved that the Board adopt Resolution No. 04-38, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving 2004-2005 Salary Adjustment for the Controller and Approving the Controller Employment Agreement, as amended. .1. Cyr seconded the motion. The motion passed 5 to 0. VIII. INFORMATIONAL REPORTS J. Cyr: 1. He asked if the 25-year lease mentioned in Agenda Item 7 could be extended. C. Britton said it could be. 2. He had an email from the Bay Area Ridge Trail Council regarding the use of language in surveys. C. Britton said he would bring a presentation on that subject to the Board. 3. He attended the POST open house on September 29 and enjoyed the presentations. 4. He took three of his grandchildren to the Deer Hollow event. L. Hassett said he is one of the sponsors for the Committee for Green Foothills event on October 30 and there was space available at his table. M. Davey: 1. She said the Deer Hollow Farm event was delightful. Volunteers were honored. 2. She is serving on the open space committee in Los Altos Hills. 3. Mr. Zatkin had called her about setting up a hostel on District land. C. Britton suggested she refer to the Regional Open Space Study. S. Schectman said Mr. Zatkin should write a letter to the Board stating the specifics of his request including the proposed location. 4. She thanked M. Williams and C. Britton for keeping her informed regarding Thornewood Open Space Preserve. K. Nitz attended a conference oil'the Environmental Grant Makers of America and found it very interesting. He said they introduced a new term, "Grass Tops" rather than grass roots. C. Britton: 1. He stated that the amount agreed upon in Agenda Item 6 was the result of S. Thielfoldt's negotiations. 2. He enjoyed the Deer Hollow Farm event. 3. Nobel Prize winner Wangari Maathai of Kenya spoke at the 1990 Open Space Conference. D. Danielson had suggested that they look into the Save the Redwoods League making a dedication in her name. 4. He passed around a list of the Board Members' web email addresses. The site launch has been delayed Meeting 04-21 Page 6 for a couple of weeks. 5. The FYls contained a memo from M. Freeman updating the ECDM project. Staff is planning to close the southern part of the preserve until the rains soak the loose ground. 6. lie had an invitation for the Board to the staff appreciation event that will be held on October 20 at Cooley Landing. 7. The volunteer and docent recognition event will be at Saratoga Springs on October 15. 8. He handed out calendars showing meeting dates and dates when Board Members would be absent. 9. He had the proposed agenda for the Resource Management workshop to be held on October 25. He noted that at that workshop, the Board would be prioritizing the resource management policies they wanted to work on. He outlined the policies that the Board would be considering within the next year. 10. He went to the POST open house and said it was great. They were pleased that a Board Member attended. 11. Mr. Zatkin called him regarding violations on the coast. He referred hirn to Fish and Game. J. Maciel: 1. They conducted ranger practical testing today as part of the interview process. 2. He and G. Baillie attended a conference last week. IX. ADJOURNMENT At 8:50 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary