HomeMy Public PortalAbout20080227 - Minutes - Board of Directors (BOD) Meeting 08-05
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
February 27, 2008
MINUTES
SPECIAL MEETING
I. ROLL CALL
President P. Siemens called the Special Meeting to order at 6:34 p.m.
Members Present: Pete Siemens, Jed Cyr,Nonette Hanko, Mary Davey, Ken Nitz,
Curt Riffle and Larry Hassett
Members Absent: None
Staff Present: Craig Britton and Sue Schectman
11. CLOSED SESSION
P. Siemens stated that there were no reportable items from the Closed Session regarding
Item 1.
REGULAR MEETING
111. P. Siemens called the Regular Meeting to order at 7:34 p.m., and asked for the Roll Call.
Members Present: , Pete Siemens, Jed Cyr,Nonette Hanko, Mary Davey, Ken Nitz,
Curt Riffle, and Larry Hassett
Members Absent: None.
Additional Staff Present: G. Sam, K. Lenington, M. Freeman, S. Schectman, M.
Williams, D. Sanguinetti, M. Reeves, T. Hugg, D. Simmons and Vicky Gou
IV. ORAL COMMUNICATIONS—There were none.
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V. SPECIAL ORDER OF THE DAY
C. Britton described the reason for the Resolution honoring the retirement of David
Hansen of the Marin County Open Space District. G. Sam read a portion of the
Resolution for the Board.
Motion: J. Cyr moved that the Board approve the Resolution of the Board of
Directors Honoring Retiring Planning and Acquisition Manager David
Hansen of the Marin County Open Space District. N. Hanko seconded the
motion. The motion passed 7 to 0.
VI. ADOPTION OF AGENDA
Motion: K. Nitz moved that the Board adopt the Agenda. N. Hanko seconded the
motion. The motion passed 7 to 0.
VII. ADOPTION OF CONSENT CALENDAR
J. Cyr asked to pull Agenda Item 6 from the Consent Calendar because he is unable to
attend the March 11 proposed meeting, and said he had some corrections to the December
12 Board Meeting Minutes. N. Hanko said she had a correction to the December 12
Minutes too.
The corrections to the December 12 Minutes included:
• Page 6, second paragraph, combine the words "under" and "stand" to
"understand";
• Page 7, fourth paragraph, the apostrophe should follow the "s" in the name
"Hayes"
• Page 8,third paragraph,the words "an answer" should be changed to "a
question";
• Page 9, third paragraph, the word"has" should be changed to "had".
J. Cyr stated that he was unable to attend the proposed March 11, 2008 meeting, but said
that if they could not find another date, then he was okay with missing that meeting. C.
Britton explained that staff was working on scheduling as many meetings as possible
before his retirement and it was difficult to change the meeting date. J. Cyr said he was
fine if the meeting proceeded as proposed, but stated that it would be difficult for him to
attend. This Agenda Item was returned to the Consent Calendar.
K.Nitz said he had a question on the Revised Claims about the report from the La Honda
School District. He asked staff where the report was. G. Sam said that staff had received
the report from the school district and that they would copy it for the FYI's.
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Meeting 08-05
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
approval of the December 12,2007 Minutes, as corrected, and the
January 16,2008 Minutes; Written Communications; Agenda Item 5
Adopt Resolution No. 08-xx to Decrease the Percentage of District PERS
Employer Paid Member Contributions (EPMC) for Employees from
Seven-Percent(7%) to Six-Percent (6%)Effective April 1, 2008; Adopt
Resolution No. 08-xx to Decrease the Percentage and Report the Reduced
Value as Additional Compensation of District PERS Employer Paid
Member Contributions (EPMC)for Board Appointees from Seven-Percent
(7%)to Six-Percent(6%) Effective April 1, 2008; Agenda Item 6
Approve the Scheduling of Two Special Meetings of the Board of
Directors as Follows: (1) March 11, 2008, beginning at 5:301).m.,
regarding the evaluation of Board Appointees and the proposed El Sereno
Open Space Preserve Use and Management Plan Amendment, (2) March
25, 2008, Beginning at-7:00pm Regarding the Potential Purchase of the
POST Mindigo Ranch, a Tunitas Creek Open Space Grazing Lease and the
Hoffman Properly Gift and Revised Claims 08-04. N. Hanko seconded
the motion. The motion passed 7 to 0 except for the AT&T and Verizon
Claims identified on the Revised Claims list. The list contains a written
disclosure that Directors Davey and Hanko are recusing themselves from
voting on these items. The Board's vote on the Verizon and AT&T claims
is recorded as passing by 5 to 0.
N. Hanko commented that the responses to the e-mail correspondence were good, and C.
Britton thanked her for her comments.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 —Approval of General Manager's Employment Agreement;
As a Result of the Board's Evaluation of Applicants for Employment as the
District's General Manager, Appoint Stephen E. Abbors as the District's General
Manager, Effective April 14, 2008•, Adopt the Resolution Approving the General
Manager's Employment Agreement - (Report R-08-3 1)
P. Siemens said that this report ended the long process for the search for a new
District General Manager. He said that the new General Manager's name is
Stephen Abbors.
Motion: N. Hanko moved approval of General Manager's Employment
Agreement; as a result of the Board's evaluation of applicants for
employment as the District's General Manager, appoint Stephen E.
Abbors as the District's General Manager, effective April 14,
2008; Adopt Resolution No. 08-xx approving the General
Manager's Employment Agreement. K. Nitz seconded the motion.
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Discussion: C. Riffle said he was very happy with their choice. He thanked the
Board Committee and said the process worked well. He said there
were good candidates to interview and that the Board worked well
together in the process. He thanked the staff that had a chance to
meet with Mr. Abbors. He added that the interaction between the
General Manager and the staff is very important and the Board
looked at that element very seriously.
M. Davey said this was an excellent decision, which was also a
unanimous decision.
K. Nitz said he that Mr. Abhors seemed like a great person coming
into the District. He said that the Board wanted the staff to let the
Board know how the new General Manager is doing because
listening to the staff is important for the Board.
J. Cyr said the District was fortunate using Peckham and
Associates who sent the Board a very qualified set of candidates to
choose from. He said he was looking forward to working with Mr.
Abbors.
N. Hanko said that Mr. Abbors is respectful of District staff and
the Board. She said that a goal of the Board was looking for a
General Manager that would work well with staff.
L. Hassett said that the process was fabulous. The quality of
applicants was top notch. He said all of the applicants said that the
District is a world-class operation. The candidates complimented
the quality of the staff. He added that he was also looking forward
to working with Mr. Abbors.
P. Siemens said that the Board would be looking to the staff to help
educate Mr. Abbors. He said that the staff is working at a high
level and he said that Mr. Abbors would need to be assisted by
staff. He said he was very happy that Mr. Abbors would be the
District's new General Manager.
Vote: The motion passed by a vote of 7 to 0.
B. Agenda Item No. 2—Grant of New Easements in Exchange for the Quitclaim of
Existing Easements to Brush& Old Well Mutual Water Company, Bear Creek
Redwoods Open Space Preserve (Santa Clara County Assessor's Parcel Numbers
544-35-035 and 544-35-020)•, Determine that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act as set out in
This Report; Adopt the Resolution Authorizing the Acceptance of a Quitclaim of
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Certain Easements Across District Lands from the Brush& Old Well Mutual
Water Company and Authorizing the Grant of Certain New Easements to the
Water Company - (Report R-08-29)
M. Reeves presented the staff report and showed a map of the area. He said that
the easements came from the former Hunt property purchase. He said that they
were looking to make a new road easement to the water tank. He said that the
Mutual Water Company Brush& Old Well Mu p y serve
s 27 customers within the
neighborhood along Brush Road. Both staff and the Water Company prefer the
more direct access to the water storage tank from the end of Old Well Road, a
County-maintained road, as it is a much easier route to maintain.
K. Nitz referred to page 2 of the Easement and asked if staff expects the Water
Company to build a new road. M. Reeves said that there is a standard for the
Water Company to follow to improve the road, not to build a new road.
K. Nitz asked what would happen if the water system broke. M. Reeves showed
that area that would be affected if the system broke. K. Nitz asked who would be
responsible for the repairs. S. Schectman replied that the easement holders are
responsible to repair and maintain the easement areas.
P. Siemens asked where the 27 homes were located and M. Reeves showed the
locations on the map.
Motion: M. Davey moved that the Board grant New Easements in exchange
for the Quitclaim of existing easements to Brush &Old Well
Mutual Water Company, Bear Creek Redwoods Open Space
Preserve (Santa Clara County Assessor's Parcel Numbers 544-35-
035 and 544-35-020); Determine that the recommended actions are
categorically exempt from the California Environmental Quality
Act as set out in this report; Adopt Resolution No. 08-xx
authorizing the acceptance of a Quitclaim of certain easements
across District lands from the Brush& Old Well Mutual Water
Company and authorizing the Grant of Certain New Easements to
the Water Company. J. Cyr seconded the motion. The motion
passed 7 to 0.
C. Agenda Item No. 3—Authorization to Execute a Contract with TannerHecht, Inc.
for Architectural Landscape, and Engineering Consulting Services in an Amount
Not to Exceed $50 200 to Execute and Complete the Prop-ramming Phase of the
Administrative Office and Skyline Field Office Remodel Projects; Authorize the
General Manager to Execute a Contract with TannerHecht Inc. for Architectural
Landscape and Engineering Services in an Amount Not to Exceed $32,000 for
the Programming Phase of the Administrative Office Remodel and an Amount
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Not to Exceed $18,200 for the Pro ramming Phase of the Skyline Field Office
Remodel Project for a Total Amount Not to Exceed $50,200 - (Report R-08-28)
T. Hugg, Open Space Planner II,presented the staff report. She gave background
information about the District' planned remodel projects for the District's
Administrative Office and the Skyline Field Office. She said that this report
represented the first phase for both projects, known as the "programming"phase.
T. Hugg said that staff received six (6) RFP's in November 2007, and that staff
selected five firms for interviews. There were two finalists whose references were
checked. Finally, staff selected TannerHecht, Inc. to recommend for Board
approval.
T. Hugg said that the proposed cost for the programming phase for the combined
projects equaled $50,200.00
J. Cyr said that the staff report was very clear. He suggested that item #6 be
labeled "Construction." He asked what the abbreviation "RFI" meant. T. Hugg
said that RFI stood for"Request for Information," and J. Cyr suggested that when
a term is first referenced, the meaning should be spelled out.
Motion: J. Cyr moved that the Board approve authorization to execute a
contract with TannerHecht, Inc. for Architectural, Landscape, and
Engineering Consulting Services in an amount not to exceed
$50,200 to execute and complete the Programming Phase of the
Administrative Office and Skyline Field Office remodel projects;
Authorize the General Manager to execute a contract with
TannerHecht, Inc. for Architectural, Landscape, and Engineering
Services in an amount not to exceed $32,000 for the Programming
Phase of the Administrative Office remodel and an amount not to
exceed $18,200 for the Programming Phase of the Skyline Field
Office remodel project for a total amount not to exceed $50,200.
M. Davey seconded the motion.
Discussion: K.Nitz asked about the proposed changes to the current area in the
Administrative office and what was being proposed. T. Hugg said
the changes include examining the cubicle layout and looking at
storage and filing systems.
K. Nitz asked about the Skyline Field Office area to be remodeled.
T. Hugg described that area being looked at as a new mud room
and conference room.
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K. Nitz said that spending $500,000 seemed like a lot of money for
a mud room and a conference room. C. Britton said that staff will
need to receive Board approval and the Board can decide whether
or not to approve the amount to be spent. K.Nitz thanked C.
Britton and added that he just wanted it noted that this was quite a
bit of money being proposed to be spent.
C. Riffle said that it was a nicely done report and asked if
TannerHecht had experience as an architect with green building.
T. Hugg said that they do have experience with green building and
gave examples.
C. Riffle asked if staff had interviewed the actual people that
would be working on this project. T. Hugg said that they had
specifically asked to meet with the project managers and that the
interview committee requested references for the project managers.
P. Siemens suggested that when the contract is drawn up that they
include the names of the project managers in the contract.
Vote: The motion passed 7 to 0.
D. Agenda Item 4—Authorization to Enter Into a Professional Services Agreement
with Northyzate Environmental Mana-zement, Inc. to Conduct Contaminant
Investigations and Design Appropri
ate Site Cleanup Measures at La Honda Creek
Open Space Preserve; Authorize the General Manager to Enter into a Professional
Services Agreement with Northgate Environmental Management, Inc. in the
Amount Not to Exceed $70,000 to Conduct Contaminant Investigations and
Design Appropriate Site Cleanup Measures at La Honda Creek Open Space
Preserve; Determine that the Recommended Actions are Categorically Exempt
from the California Environmental Quality Act(CEQA) as set out in This Report.
(Report R-08-30)
K. Lenington presented the staff report and said that staff was requesting entering
into a service agreement with Northgate Environmental Management, Inc. to work
on the clean-up at Driscoll Ranch and he showed a map of the site indicating the
areas to be cleaned up. He said that there is soil contamination in three to four
areas. In the oil field area there are 26 well sites, of which nine (9) were
producing wells. He said that two well sites had contamination including their
surrounding areas. He added that two of the five coral areas were contaminated
with banned substances and chemicals. There is an above-ground storage tank
area that is contaminated and Mr. Driscoll has agreed to clean up this area.
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K. Lennington said that staff interviewed five firms and decided upon Northgate
Environmental Management, Inc. He said that this firm has work experience in
sensitive habitat areas and they have knowledge of working in open space.
K. Lennington said that once the area is assessed, the County of San Mateo will be
contacted for permits and oversight. He said the County may refer moving the
oversight to the Regional Quality Control Board.
K. Lennington reviewed the upcoming process which includes the establishment
of the site clean-up goals; how to clean up the site; and develop a remedial action
plan to implement the project. He added that the cost is unknown and the time to
complete the whole project is not known.
C. Riffle asked why EKI was not chosen. K. Lenington said that the project
manager at EKI is based on Colorado and that the local property manager does not
have as much experience for this type of project.
C. Riffle asked if there was cooperation with Mr. Driscoll and the ranching
operator. K. Lennington said that there have been some issues, but with the
consultant it will be easier to work with Mr. Driscoll's operations.
K. Nitz said that a lot of money is being spent at first, but he said that they should
do this project right from the beginning, unlike the Pulgas Ridge project. He
asked if Mr. Driscoll's removal of the contamination site will be overseen. K.
Lenington said that Mr. Driscoll will be under the same oversight as the District;
however, Mr. Driscoll would be responsible to pay his share of the cost. S.
Schectman added that as a condition of the lease Mr. Driscoll was responsible to
clean up the contamination caused by his operations.
Motion: M. Davey moved that the Board approve the authorization to enter
into a Professional Services Agreement with Northgate
Environmental Management, Inc. to conduct contaminant
investigations and design appropriate site cleanup measures at La
Honda Creek Open Space Preserve; Authorize the General
Manager to enter into a Professional Services Agreement with
Northgate Environmental Management, Inc. in the amount not to
exceed $70,000 to conduct contaminant investigations and design
appropriate site cleanup measures at La Honda Creek Open Space
Preserve; Determine that the recommended actions are
categorically exempt from the California Environmental Quality
Act(CEQA) as set out in this report. C. Riffle seconded the
motion. The motion passed 7 to 0.
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VIII. INFORMATIONAL/COMPENSABLE MEETING REPORTS
S. Schectman gave instructions on how the Board can deliver information about their
compensable meetings. They can either give the information orally, or in written form to
the District Clerk.
M. Davey gave her written compensable meeting report to the District Clerk. She gave
information about the San Mateo County sales tax ballot and said it would be on the June
election. The sales tax is a one-eighth(1/8)cent tax and the District would benefit from
it. She said that the Board can show its support by passing Resolution of support and that
each individual Board member could also support the initiative.
J. Cyr gave his written compensable meeting report to the District Clerk. He
complimented staff to move toward a paperless correspondence by using e-mail to contact
the Board directly. He gave a report from the LFPAC meeting regarding the new District
logo. J. Cyr said the consultant reviewed four different iterations of the logo and noted
that the shape of the letters made a significant emotional impact. He commended K. Britt
for quickly getting information to the Board committee. He said he hiked at Almaden
Quicksilver Park and at Coyote Creek, a seven-mile hike in the rain.
L. Hassett handed his compensable meeting report to the District Clerk. He said he
attended the LFPAC meeting today. He said that the consultant has done a fabulous job
on the logo.
N. Hanko turned in her compensable meeting report to the District Clerk. She said that
the Real Property Committee toured the Ranch property and she shared some pictures she
took. At that meeting she said they met the Pratt's who are neighbors to the Mindego
property and noted that they also own property near the Fogarty Winery. M. Davey added
that the staff did a great job preparing the meeting. N. Hanko showed the new Pollan
book.
K. Nitz gave his written compensable meeting report to the District Clerk. He said he has
attended several budget meetings.
C. Riffle handed in his written compensable meeting report to the District Clerk. He said
he hiked at Rancho San Antonio and Windy Hill recently and he appreciated the quality
of the trail maintenance. He asked if the monthly Resource Management report is just for
one month and M. Freeman said it was just for January only. C. Riffle said he had
received numerous messages from a constituent and asked what the policy was to meet or
reply with this person. C. Britton said that D. Sanguinetti would respond to this
constituent and S. Schectman said that staff is looking into how they will respond.
P. Siemens gave his written compensable meeting report to the District Clerk.
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Meeting 08-05
C. Britton said he received an invitation for the State of the City event for Palo Alto and
asked if any Board member might attend. He said he received a notice for a free
reception from East Bay Regional Park District for the unveiling of their coffee table
book. He said he was exploring the possibility of having a District coffee table book. He
met with Lisa Killough and Michael Murdter of Santa Clara County regarding promoting
a trail in Saratoga. He said he attended his last meeting with the Bay Area Open Space
Council and that at this meeting they discussed a California license plate with a small
picture of the Golden Gate bridge on it as a personalized plate to raise funds for the San
Francisco Bay Program of Coastal Conservancies. He said he met with Audrey Rust from
POST to discuss upcoming projects. He and M. Williams took a Coastal Conservancy
group to view the area near the Mills Creek Open Space Preserve. He spoke with a
consultant who is looking into the creation of an open space district in Santa Cruz
County.
N. Hanko noted that the Special District's Forum will be in Portland, Oregon this year
and she asked for more information about it. C. Britton said he would send an e-mail
about the Forum to the Board. J. Cyr added that the dates of the Forum are September 8,
9, and 10, 2008.
S. Schectman gave an update on the Riverside County case regarding land dedication.
She said the State Supreme Court has agreed to review the case, which is good news. She
said this puts the Court of Appeal decision in limbo.
G. Sam reminded the Board to stay and sign the David Hansen resolution. He also
reminded the Board that their Form 700's are due by Thursday, March 27, 2008.
M. Freeman thanked the Board for valuing the input of the Management Team for their
selection of Mr. Abbors as the new District General Manager.
D. Sanguinetti gave a Santa Clara County Sherriff s contract update and said they are still
working on it. He said S. Schectman is meeting with their legal counsel and that the
sticking issue is an accounting and IRS issue they are having difficulty resolving.
M. Williams said it was nice to have an opportunity to meet the General Manager
candidates. He said that S. Sommer and K. Lenington did a great job putting together the
Real Property Committee meeting. He offered to take other Board members to view the
Mindego site, if they wish.
IX. ADJOURNMENT
P. Siemens adjourned the Special and Regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District adjourned at 9:12 pm.
Lisa Zadek
Recording Secretary
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