HomeMy Public PortalAbout20041027 - Minutes - Board of Directors (BOD) Regional Open Space
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 04-26
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
October 27, 2004
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Mary Davey called the meeting to order at 6:35 p.m.
Members Present: Jed Cyr, Larry Hassett, Ken Nitz, Pete Siemens (arrived at
6:40 p.m.), and Mary Davey
Members Absent: Nonette Hanko and Deane Little
Staff Present: Sally Thielfoldt, Sue Schectman, John Maciel
11. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session to discuss
Closed Session Agenda Items 1, 2 and 3.
The Board recessed to Closed Session at 6:35 p.m. and the Closed Session
commenced at 6:35 p.m. The Board concluded the Closed Session at 7:05 p.m.
At 7:10 p.m., M. Davey adjourned to the Midpeninsula Regional Open Space
District Financing Authority Governing Board Meeting.
At 7:30 p.m., M. Davey called the Regular Meeting back to order.
REGULAR MEETING
111. M. Davey called the Regular Meeting to order at 7:30 p.m. She announced that
the Board had discussed Closed Session Agenda Items 1, 2 and 3 in Closed
Session and that no reportable actions had taken place.
Additional Staff Present: John Dickey, Del Woods, Doug Vu, Cathy Woodbury
33o Distel Circle 65o•69i-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www,openspace,org Deane tittle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Meeting 04-26 Page 2
IV. ORAL COMMUNICATIONS
Georgia Stigall, resident landowner west of Skyline, said she was at the meeting
because she was interested in who was appointed ombudsperson.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens
seconded and the motion passed 5 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Staff answered questions regarding claims as follows: 41666, The Signs Shop —
wooden part that goes around trail head signs; #1672, United Rentals— directional
signs; #1676, West Tek Supply, restoration materials for Grabtown trail erosion
control.
Motion: K. Nitz moved that the Board adopt the Consent Calendar,
including Agenda Item 7, Reschedule Board Meetings in
November and December 2004• Cancel November 10 and 24, 2004
Regular Meetings; Cancel December 8 and 22, 2004 Regular
Meetings: Call Special Meetings for November 17, 2004 and
December 15, 2004• and Revised Claims 04-15. P. Siemens
seconded the motion. The motion passed 5 to 0. K. Nitz abstained
on Claim #1621.
VII. BOARD BUSINESS
A. Agenda Item No. I — Final Interview and Appointment of
Ombudsperson• Authorize Board President to FXCCLIte District
Ombudsperson Volunteer Agreement - (Report R-04-112).
S. Schectman checked to make sure each applicant had a copy of the
volunteer agreement. She clarified that volunteers are covered under
worker's compensation.
Board Members asked questions of the three applicants, Mark Millen,
Carol Joyce, and Lynn Higgs (via speakerphone).
Recess: 8:25-8:35 p.m.
Following the interviews, each applicant was allowed five minutes for a
summation.
L. Hassett commented that this was an amazing group of talented
applicants. He said he would be happy with any one of them and said
Meeting 04-26 Page 3
maybe this was an opportunity to have one or two alternates. P. Siemens
said he would support having alternates.
S. Schectman suggested they first determine if the applicants would be
willing to serve in an alternate capacity, then decide in future discussion
about the guidelines for use of alternates.
S. Schectman explained that action must be taken by four members of the
Board. Therefore, an applicant would have to receive four votes in order
to be appointed.
Board Members voted on the three applicants. S. Thielfoldt announced
that there were two votes each for Mike Millen and Carol Joyce and one
vote for Lynn Higgs.
Board Members cast a second ballot. S. Thielfoldt announced that there
were four votes for Carol Joyce.
Mr. Millen and Ms. Higgs indicated that they would be interested in
serving as alternates.
Staff answered Ms. Joyce's questions regarding the wording of' the
volunteer agreement (not an employee of the District) and worker's
compensation.
Motion: J. Cyr moved that the Board authorize the General Manager
to execute the District Ombudsperson Volunteer
Agreement for a one-year appointment; and authorize staff
to make technical modifications to the agreement, subject
to approval of District Counsel. K. Nitz seconded the
motion.
Discussion: P. Siemens noted that the ombudsperson's responsibility is
to the Board as their appointee.
Georgia Stigall emphasized that landowners are responsible
to go to their neighbors if they have a conflict with them.
She said there are lots of people who are willing to talk to
Ms. Joyce.
Vote: The motion passed 5 to 0.
B. Agenda Item No. 2 - Review of Annual Seasonal Trail Closures
Informational Report—(Report R-04-106)..
J. Maciel reviewed the staff report.
Meeting 04-26 Page 4
L. Hassett commented that it would be almost impossible to enforce the
closures. J. Maciel said compliance has been good because people have
seen the work going on. There will be gates in the seasonal areas. He said
it would require staff tirne to make the closures work. S. Thielfoldt added
that they are close to bringing another ranger on staff.
J. Maciel said staff would change the N/A designation in the staff report
under item I on page 2 to Closed. He clarified that the one year closure
specified in item 3, El Corte de Madera, should be one season and that
would be changed. Ile explained the difference between temporary and
seasonal closures. He said the term "interim closure" could not be used
without Use and Management review.
No formal Board action was required on this item.
C. Agenda Item No. 3 - Approval of Caretaker Lease Agreement-Rhus
Ridge Road, Rancho San Antonio Open Space Preserve with Rave
Girouard and Susan Cretekos; Authorize General Manager to Execute
Lease Agreement on behalf of District —(Report R-04-1 I I).
J. Dickey reviewed the staff report and said that staff is notified of illegal
activities on an average of a couple of times a month. He said he thought
the caretaker was more necessary now than it had been in the past. M.
Davey commented that the residents in the area find it comforting to have
him there.
K. Nitz commented on the low lease payment. J. Cyr said it seems that the
value to the District is incalculable in that they can make an effort to have
employees live on or near several preserves.
Motion: L. Hassett moved that the Board approve the Caretaker
Lease Agreement with Raye Girouard and Susan Cretekos
and authorize the General Manager to execute the Lease
Agreement on behalf of the District. J. Cyr seconded the
motion. The motion passed 5 to 0.
D. Agenda Item No. 4 - Revision of Budget Guidelines for Board
Conference Attendance• Adopt Revised Budget Guidelines for Board
Conference Attendance—(Report R-04-1 10).
S. Schectman outlined the Budget Committee's recommendations and
clarified the use of the word "accumulate" in the staff report.
Board Members suggested possible changes to the guidelines that the
Committee had not addressed. S. Thielfoldt said she was hearing that the
Meeting 04-26 Page 5
Board wanted the Committee to consider further amendments to the
guidelines to allow more flexibility under Items LA and 2.
S. Schectman agreed that there was an inconsistency between the staff
report and the guidelines, and stated that the guidelines were correct.
Motion: J. Cyr moved that the Board adopt the Revised Budget
Guidelines for Board Conference Attendance. K. Nitz
seconded the motion. The motion passed 5 to 0.
E. Agenda Item No. S - Review of Stanford University S1 Trail Alignment
Draft Supplemental Environmental Impact Report (Draft SEIR),
Authorize Board President to Sign Attached Letter On Behalf of District
Providing Comments on the Draft SEIR—(Report R-04-109).
D. Woods pointed out the proposed trail alignments and presented the staff
report that included a draft of the letter commenting on the SEIR.
P. Siemens urged them to make the language stronger if possible.
D. Woods said the weakness lies in the trails master plan, which makes it
legally difficult for the county to draw a nexus between what is going on
with the development in the inner area of the university to these trails in
the outer area. Stanford is sticking to the position that they are just
another property owner in the trails plan, and the master plan says that
these trails will not interfere with use of the property, they will not bisect
property, they will stay on the perimeter of the property. They are trying
to hold the county to letter of the law with regard to making that nexus.
P. Siemens suggested removing the words "most likely" on page 2 of the
staff report, last sentence of the paragraph headed Trail Alignment S1-C.
Staff agreed to do so.
Motion: J. Cyr moved that the Board authorize the Board President
to sign the letter on behalf of the District providing
comments on the Draft Supplemental Environmental
Impact Report for Stanford University's S1 Trail; and
direct staff to amend the staff report to remove the words
"most likely" on page 2 of the staff report, last sentence of
the paragraph headed Trail Alignment SI-C. P. Siemens
seconded the motion. The motion passed 5 to 0.
F. Agenda Item No. 6 - Authorize General Manager to Execute Amendment
to Agreement with Page & Turnbull for Architectural and Engineering
Consulting Services for Building Code Compliance of the Winery
Building at Picclietti Ranch Open Space Preserve for Up to an Additional
Meeting 04-26 Page 6
$12.000 Over the $44.920 Previously Authorized Amount and a Total
Sum Not to Exceed $56,920 —(Report R-04-107).
D. Vu presented the staff report. He said the next level of occupancy was
up to 150. The lessee could apply for a special use permit. The District
would not need to do additional upgrades, but would need to provide
additional parking.
Board Members discussed pros and cons of increasing the occupancy
level. P. Siemens and J. Cyr agreed that they would like to see the
physical capability of handling 150, perhaps with limitations on the lease
as to how many events of this magnitude.
C. Woodbury clarified that the building code issue is completely separate
from the use permit issue.
Motion: P. Siemens moved that the Board authorize the General
Manager to amend the agreement with Page & Turnbull for
Architectural and Engineering Consulting Services for
Building Code Compliance of the Winery Building at
Picchetti Ranch Open Space Preserve. J. Cyr seconded the
motion. The motion passed 5 to 0.
VIII. INFORMATIONAL REPORTS
P. Siemens informed the Board that he might miss the November 9 meeting, as he
will be convalescing from elective surgery.
J. Cyr talked about the ferry ride he took from Redwood City to San Francisco.
L. Hassett invited Board and staff members to the South Skyline Association
Christmas party that he will host on December 5.
M. Davey: 1. She attended the volunteer recognition event and said it was
wonderful. ROMP received an award at the event. She complimented staff. 2.
She also attended the staff recognition event, which was moved to the City of
Mountain View Community Center. She thanked staff. 3. She also rode the ferry
and said the Port of Redwood City wants to start this service.
K. Nitz handed out copies of books by George Lakoff that he had bought at a
conference. He urged Board Members to read them and pass them along.
S. Thielfoldt: 1. She announced the District received an advance flyer for next
year's Special Districts Forum which will be in Michigan. 2. She handed out
reprints of an article from Bay Nature that described the challenge of reclaiming
the south bay salt ponds. 3. She had made changes to the guidelines for
Meeting 04-26 Page 7
Board/Staff relations suggested at the resource management workshop. She asked
for feedback from the Board as to whether the changes captured their thoughts. 4.
She referred to the report from Mike Foster in the FYIs and asked Board
Members to let staff know if they had additional questions about the audit.
S. Schectman: 1. The Court of Appeals changed the date for the hearing on the
Santa Clara Open Space Authority assessment district. She will let the Board
know when the hearing is rescheduled. 2. East Bay Parks and Contra Costa
County formed a Funding Authority that created an assessment district subject to
approval by mailed ballot. The measure failed, and the Grand Jury in Contra
Costa County investigated. She said the Authority's experience appeared to have
some parallels to what the District just went through in the Coastal Program ballot
protest. 3. The District had received complaints about a Mr. Kuba who had
handed out political pamphlets at Deer Hollow Farm and were able to work it out.
He recently sued the Cow Palace in a similar dispute and won. The Court of
Appeals said the Cow Palace's rules for handing out pamphlets were too
restrictive.
J. Maciel invited the Board to a meeting at Rancho San Antonio tomorrow night
regarding wildlife interaction.
C. Woodbury said they had received the Certificate of Occupancy for the new
shop building. 2. She said the La Honda Creek Master Plan flyer was in the
FYls. She thought the consultants had done a nice job of putting the
announcement together. J. Cyr volunteered to act as backup from the Board to
attend the meeting.
IX. ADJOURNMENT
At 10:22 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary