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HomeMy Public PortalAbout20050511 - Minutes - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-11 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS May 11, 2005 MINUTES SPECIAL MEETING I. ROLL CALL President Larry Hassett called the meeting to order at 6:34 p.m. Members Present: Jed Cyr, Nonette Hanko, Ken Nitz, Mary Davey, Larry Hassett, Pete Siemens (arrived 6:40 p.m.) Members Absent: Deane Little Staff Present: Sue Schectman, Sally Thielfoldt, Del Woods, Mike Williams [I. CLOSED SESSION L. Hassett stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items I and 2. 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 7:29 p.m. REGULAR MEETING 111. L. Hassett called the Regular Meeting to order at 7:30 p.m. He announced that the Board had discussed Closed Session Agenda Items I and 2 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Doug Vu, Cathy Woodbury, Mike Foster, John Maciel, and Rudy Jurgensen IV, ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 6 to 0. Meeting 05-11 Page 2 VI. ADOPTION OF CONSENT CALENDAR N. Hanko abstained from Revised Claim number 2693. Motion: M. Davey moved that the Board adopt the Consent Calendar, including Revised Claims 05-09. K. Nitz seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. I —Authorization to Award Contract to CRW Industries for the Seismic Upgrade and Access Improvements at Picchetti Ranch Open Space Preserve; Authorize the General Manager to Execute a Contract with CRW Industries of Campbell, CA for the Base Bid Amount of$290,267, Plus a Contingency Amount of Up To $43,540 For a Total Amount Not to Exceed $333,807 for the Seismic Upgrade and Access Improvements to the Winery Buildiniz at Picchetti Ranch Open Space Preserve—(Report R-05-49). D. Vu reviewed the staff report and explained why the bids were higher than expected. He reviewed CRW's past work and stated that staff felt CRW is a responsive and responsible company qualified to perform the work described for the project. J. Cyr asked about the current occupancy of the building and asked whether they would consider increasing the occupancy. D. Vu stated that that might be possible. Completing the work is just one component to increase occupancy. There would be many other items which might be required to increase the occupancy of the building. The occupancy limit with this upgrade is 50 people allowed inside the building at any time. J. Cyr asked if removal of structural items was necessary. D. Vu answered that this was a stand-alone project and that it would not be necessary to tear out material to see the base. P. Siemens asked if the project still needed permits. D. Vu said that it did. Currently the project is in plan check review and that the permit fee is about $6,000. The additional alternate is included in the permit price. If the additional alternative is not done, the permit price will not change. P. Siemens wondered why not carry the project one step further, and D. Vu explained that the current permit was good for one (1) year and that staff may be able to extend the permit. After some further discussion about the occupancy of the building, C. Woodbury stated that the scope of the original project was a seismic upgrade and not increasing Meeting 05-11 Page 3 the occupancy of the building. There are multiple issues that need to be addressed to increase occupancy of the building, including increasing the water line, as there is no water source at the winery building, and parking is another issue. N. Hanko reminded the Board that the seismic upgrade project was being partially funded by a grant. C. Woodbury clarified that there were two (2) grants equaling $116,000 (matching grants). D. Vu stated that the larger of the grants expires in May 2005 and that he would be attending a meeting to request a one (1) year extension of the grant. P. Siemens stated that even with the retrofit of the winery building, the occupancy would not change. D. Vu stated that was correct. Motion: J. Cyr moved that the Board authorize the General Manager to execute a contract with CRW Industries of Campbell, CA for the base bid amount of$290,267, plus a contingency amount of up to $43,540 for a total amount not to exceed $333,807 for the Seismic upgrade and access improvements to the Winery Building at Picchetti Ranch Open Space Preserve. Hanko seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2 —Authorization to Amend Agreement with Page & Turnbull for Construction Management Services at Picchetti Ranch Open Space Preserve; Authorize the General Manager to Execute an Amendment to the Consultant Services Agreement with Page & Turnbull of San Francisco, CA for Up to An Additional $26,220 Over the $56,920 Previously Authorized Amount to Provide Construction Management Services for the Seismic Upgrade and Access Improvements to the Winery Building at Picchetti Ranch Open Space Preserve, For a Total Sum Not to Exceed $83,140— (Report R-04-50). D. View reviewed the staff report and explained the reason for the amended report handed out that evening. He stated that the winery building is listed in the historic registry. Page & Turnbull is very familiar with the history of the building dating back to the early 1890's. K. Nitz asked why the dollar amounts changed and D. Vu said the reason in the change in the dollar amounts was due to the reimbursables. P. Siemens wanted to know if Page & Turnbull was paid hourly and D. Vu said they were paid a fixed sum per the contract. The fee was based on 12 weeks. P. Siemens asked if the additional alternative was done would the fee increase and D. Vu stated that the fee would not increase. Motion: K. Nitz moved that the Board authorize the General Manager to execute an amendment to the Consultant Services Agreement with Page & Turnbull of San Francisco, CA for up to an additional $26,220 over the $56,920 previously authorized amount to provide Construction Management Services for the seismic upgrade and access Meeting 05-11 Page 4 improvements to the Winery Building at Picchetti Ranch Open Space Preserve, for a total sum not to exceed $83,140. M. Davey seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 — Proposed Acceptance of a Gift of Peninsula Open Space Trust (POST) Property West of Lexington Reservoir Adjacent to Black Arrow Road, Santa Clara County Assessors Parcel Numbers 544-14-001, 544-15-001, and 544-15-004; Determine that the Recommended Actions are Gate porically Exempt from the California Environmental Quality Act (CEQA) as Set Out in This Report; Adopt the Attached Resolution Authorizing Acceptance of the Gift of the 43.2 1-Acre POST Property; Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report; Indicate Intension to Withhold Dedication of This Property as Public Open Space - (Report R- 4-45). D. Woods presented the staff report and gave some background information on the gift parcel. He showed PowerPoint slides of the property and pointed out that the property is adjacent to the San Andreas Fault. He discussed potential trail connections and stated that the property was a former Girl Scout camp. There is a private road entering the site. K. Nitz asked how many density credits the parcel had and D. Woods answered that there was one (1) density credit. P. Siemens asked about the water system. D. Woods said that the water pipes had been previously removed. M. Williams added that historically there was a water system; however, now there were no water pipes and no water system. M. Williams went over the POST Grant Deed and reviewed aspects of the Deed including the Restrictive Covenant. He stated that there was a lot of development along the road. The District might consider an exchange in the future, but any discussions about an exchange would come back before the Board. K. Nitz said that the District should not be so concerned about connecting various properties. J. Cyr asked if the District was obligated to provide water rights to the neighbors and M. Williams said there was no obligation on the District. M. Williams had received a few calls from the public and was planning on meeting with the local water company. D. Woods further described the topography of the property and stated that it was an unusual area as there are tiny lots with small cabins. K. Nitz asked if the cabins were occupied and D. Woods said that the cabins were built for year-round occupancy. N. Hanko wanted to know how the Girl Scouts entered the property. D. Woods showed the access on a map and pointed out a service road. He recommended adding a gate to the service road. P. Siemens commented that this site might be a good place for another campground in the future. D. Woods said that once on the property, there was really no additional place to hike because the property is surrounded by private properties. Meeting 05-11 Page 5 Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; adopt Resolution No. 05- 13 accepting the gift of the 43.21-Acre POST property; Adopt the Preliminary Use and Management Plan recommendations contained in this report; Indicate intention to withhold dedication of this property as public open space; and install a gate on the service road. J. Cyr seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4—Amend the District's Position Classification and Compensation Plan to Approve the New Classification Specification and Commensurate Salary Range Assignment for Community Programs Aide; Abolish the Classification Title of Interpretive Aide —(Report R-05-54). S. Thielfoldt reviewed the staff report discussing the Public Affairs Department's needs. She discussed hiring a consultant and working with the new supervisor to create a new classification specification. The department needs more clerical support. The recommended classification specification for the Community Programs Aide is similar to the Administrative Assistant classification. P. Siemens asked why the new position does not require an AA degree. S. Thielfoldt noted that because the duties are primarily the same as Administrative Assistant, no AA degree is required, R. Jurgensen said that the new position would support the interpretive aspects of the department. J. Cyr wanted to know if the person filling this new position would be staffing the Nature Center. R. Jurgensen said that this position was required to staff the Nature Center up to two (2) times per week during the season the center was open. K. Nitz asked for a breakdown of the time the person in the new position would spend as the interpretive aide and the time spent as an Administrative Assistant. S. Thielfoldt replied that it would vary, but a majority of the time spent would be as Administrative Assistant. Motion: M. Davey moved that the Board amend the district's Position Classification and Compensation Plan to approve the new classification specification and commensurate salary range assignment for Community Programs Aide; Abolish the classification title of Interpretive Aide. N. Hanko seconded the motion. The motion passed 6 to 0. Meeting 05-11 Page 6 E. Agenda Item No. 5— Adopt the Resolution to Revise the District's Statement of Investment Policy—(Report R-05-46). M. Foster presented the staff report noting there was one change to the Investment Policy. K. Nitz asked if there was a contract to sign and M. Foster said there was no contract involved. M. Foster added that the State of California fund procedures were simpler than those required of Santa Clara County. S. Schectman clarified the role of the Controller and General Manager and the purpose of the Investment Guidelines. She added that quarterly reports are given to the Board's Finance Committee. M. Foster stated that the State of California fund is yielding better than Santa Clara County's fund. The State is more flexible; however that the investments are virtually the same in both funds. He added that he is not allowed to invest in bonds or corporate bonds. Investments are generally in U. S. Agencies and commercial paper. Motion: N. Hanko moved that the Board Adopt Resolution No. 05-14 Revising its Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by Government Code. M. Davey seconded the motion. The motion passed 6 to 0. X. INFORMATIONAL REPORTS K. Nitz reported that he hiked at Pulgas Ridge Open Space Preserve. He said that the parking lot looks nice, but stated there was a lot of Acacia and asked if it was going to be removed. D. Vu answered that the crew will be going in to remove the plants. J. Cyr noted a small error in a memo by Cindy Roessler located in the FYI's. The scale of the map had a numerical error. Staff noted they would make the correction. N. Hanko: (1) Looking forward to M. Davey's 75 1h birthday party (M. Davey stated that the current count for the party was 125 attendees and growing.); (2) C. Britton, M. Williams and she were going to Beez Jones property on May 25 growing.); lunch (she gave some background information on Ms. Jones and the District's relationship); (3) Will be attending the upcoming LFPAC meeting exploring policy possibilities. M. Davey: (1) Her party planning was coming along and they had raised $2 1,000 thus far; (2) She went to the League of Women's Voters on May 1st and discussed the open space initiative and is working with Bob Girard on it. The initiative was ready to go out for petition signing and she hoped that down the line the District would be able to support the initiative; (3) She received an invitation from Liz Kniss for June I"to attend an Open Space and Infill Housing Seminar from 9:00am to 11:30am; (4) She attended the tunnel celebration and said it was great. Meeting 05-11 Page 7 N. Hanko asked S. Schectman if she can support the initiative as an individual, and if she can get involved as a representative of the District. S. Schectman said support as a District official would depend on the facts—this may be a legal issue as well as a political issue. P. Siemens: (1) Had lunch with Jack Olsen and BJ Burns with C. Britton; (2) Also attended the tunnel celebration; (3) Told S. Schectman that an attorney may be contacting her regarding Santa Clara County casement encroachment issues, stating that it was extremely important to stop encroachments. N. Hanko received an invitation from Ira Ruskin for a Democratic party. Supervisor Beall sat at the same table (he's running for Assembly). Rebecca Cohn is termed out. S. Thielfoldt stated that she would leaving for the Bay Area Open Space Council's conference at 8:30 a.m. and asked who would want to carpool to the meeting site. S. Schectman attended the League of California City conference last week and she handed out an informational sheet. M. Williams said he gave a presentation to the Farm Bureau. There were tough but fair questions. He said there was positive dialogue and that this was a good initial step in gaining a better relationship with the Bureau. He was invited back, and said that Jack Olsen has been supportive. R. Jurgensen said that the District's book had sold 70% of the first book printing. X1. ADJOURNMENT At 8:55 p.m., the Regular meeting was adjourned. Lisa Zadek Recording Secretary