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HomeMy Public PortalAbout20041027 - Minutes - Board of Directors (BOD) Regional Open Space ----------------------- ------- ------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT III RRAIII. , 0 �1 kk', ()] (WFN ',Pi( I PIWd 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