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HomeMy Public PortalAbout20080813 - Minutes - Board of Directors (BOD) Regional Open Space . ................ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 08-18 REGULAR MEETING BOARD OF DIRECTORS August 13, 2008 MINUTES REGULAR MEETING I. ROLL CALL President Pete Siemens called the Regular Meeting to order at 7:34 p.m. and asked for the Roll Call. Members Present: Pete Siemens, Nonette Hanko, Jed Cyr, Ken Nitz, Curt Riffle and Larry Hassett Members Absent: Mary Davey Staff Present: S. Abbors, S. Schectman, D. Simmons, G. Sam, D. Sanguinetti, R. Jurgensen, M. Freeman, B. Malone, D. Simmons, N. Perez, K. Lenington, M. Manning, K. Britt and M. Williams. 11. ORAL COMMUNICATIONS—There were none. 111. ADOPTION OF AGENDA Motion: Director Cyr moved that the Board adopt the Agenda. Director Nitz seconded the motion. The motion passed 6 to 0. IV. ADOPTION OF CONSENT CALENDAR Director Hanko asked a question about the Crane letter in the Written Communications which M. Freeman answered to her satisfaction. Director Cyr gave a correction to the Dremann letter in the Written Communications. Director Nitz asked questions on Revised Claim number 8526 which staff answered to his satisfaction. Meeting 08-18 Page 2 Motion: Director Cyr moved that the Board adopt the Consent Calendar as amended, including approval of the amended; Revised Claims 08-15; Written Communications, and Staff Report R-08-97 to Authorize Payment for Legal Services to the Law Finn of Hoge, Fenton, Jones & Appel in an Additional Amount Not to Exceed $25,000 for Legal Representation in ChLiocchi et A vs Presentation Center and_Midp.Qnins_u_la Rey ben Space_Dist�rct, Santa Clara Superior Court Case No. 107 CV 095669. Director Hassett seconded the motion. Vote: The motion passed 6 to 0 except for the AT&T and PG&E Claims identified on the Revised Claims list. Director Hanko recused herself from voting on the AT&T and PG&E items. The Board vote on the AT&T and PG&E claims was recorded as passing by a vote of 5 to 0. The remaining Consent Calendar items passed by a vote of 6 to 0. V. BOARD BUSINESS A. Agenda Item No. 4—Award of Contract with Gecko Golf Construction, Inc. for Stream Channel Restoration and Bridge Foundation Construction at El Corte de Madera Creek Open Space Preserve, Authorize the General Manager to Execute a Contract with Gecko Golf Construction, Inc. for the Bid Amount of$139,750 Plus a 15% Contingency for a Total Amount Not to Exceed $160,712 for Stream Channel Restoration and Bridge Foundation Construction at El Corte de Madera Creek Open Space Preserve - (Report R-08-84) M. Manning presented the staff report reviewing the project and bidding process. She said that this project was the sixth of eleven high priority District sites. Director Nitz asked if Gecko Golf Construction was bonded and M. Manning affirmed yes. He asked if staff had reviewed their work. M. Manning said that she had reviewed a DVD they provided showing their work and added that there was a mandatory on-site meeting for the bidding contractors which had been attended by Gecko Golf Construction. Director Riffle commented on the complexity of the project and asked M. Manning for more information, which she provided to his satisfaction. Motion: Director Nitz moved approval of the Award of Contract with Gecko Golf Construction, Inc. for Stream Channel Restoration and Bridge Foundation Construction at El Corte de Madera Creek Open Space Preserve; Authorize the General Manager to Execute a Contract with Gecko Golf Construction, Inc. for the Bid Amount of $139,750 Plus a 15% Contingency for a Total Amount Not to Exceed $160,712 for Stream Channel Restoration and Bridge Foundation Construction at El Corte de Madera Creek Open Space Meeting 08-18 Page 3 Preserve. Director Riffle seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 5—Authorize to Amend a Contract with Northgate Environmental Management, Inc. for an Additional $186,474 for an Overall Amount Not to Exceed $256,474 to Provide Environmental Services for Site Cleanup 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 the Report; Authorize the General Manager to Amend a Contract with Northgate Environmental Management, Inc. for an Additional $186,474 for an Overall Amount Not to Exceed $256,474 to Provide Environmental Services Including a Site Characterization Report, Remedial Action Objectives, and a Remedial Action Plan for Site Cleanup Measures at La Honda Creek Open Space Preserve— (Report R-08-98) K. Lenington gave a PowerPoint slide presentation showing a map detailing the areas on the Driscoll Ranch site that are the focus of the contamination and remediation project. He said there were three major sites and he gave detailed explanations about the contamination assessment in each area. He reviewed work that Northgate Environmental Management, Inc. has completed and the reasons additional funding was needed and the further work Northgate will be completing. Director Riffle asked for a breakdown of who pays for each part of the project between the District and Rudy Driscoll. K. Lenington said that Mr. Driscoll is responsible to clean up his contamination site and that the District is responsible to clean up everything else. Director Riffle asked several follow-up questions regarding the purpose of the clean up and the funds that have been spent which staff answered to his satisfaction. Director Siemens referred to the table in the staff report and asked if Northgate was working on all eight items. K. Lenington said that Northgate's scope of service included everything, but the monitoring. He added that Northgate will assist District staff in getting permits and preparing the CEQA reports, but it is the District's responsibility to do the work. Motion: Director Hassett moved approval determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; Authorize the General Manager to amend a contract with Northgate Environmental Management, Inc. for an additional $186,474 for an overall amount not to exceed $256,474 to provide environmental services including a Site Characterization Report, Remedial Action Objectives, and a Remedial Action Plan for site cleanup measures at La Honda Creek Open Space Preserve. Director Cyr seconded the motion. The motion passed 6 to 0 Meeting 08-18 Page 4 C. Agenda Item No. 6—Accept Legislative, Funding and Public Affairs Committee Recommendation to Acknowledge the Work of Gordon Mortensen and Adopt the Resolution of Appreciation for Gordon Mortensen of Mortensen Design—(Report R-08-99) Director Hanko presented and read the Board's Resolution No. 08-35 for Gordon Mortensen for his work on the District's new logo. Motion: N. Hanko moved approval to accept the Legislative, Funding and Public Affairs Committee recommendation to acknowledge the work of Gordon Mortensen and adopt Resolution No. 08-35 in appreciation for Gordon Mortensen of Mortensen Design. Discussion: Mr. Mortensen said he was honored to be receiving the Board's Resolution. He added that K. Britt was fabulous to work with. Director Hassett said that Mr. Mortensen was the best choice to work on the new logo project and commended his ability to work with the Committee and his attention to detail was invaluable. K. Britt reviewed the project update memo and there was further discussion regarding the logo design for the District's trucks and patches on the uniform shirts. Director Nitz said that he wanted to see the District's Mission Statement on the newly designed business cards and he gave the reasons why this was important. The other Board Directors agreed and staff said they would revise the business card to include the Mission Statement. Vote: The motion passed with a vote of 6 to 0. D. Agenda Item No. 7— Approval of the Artemas McCann Ginzton Memorial Bench, Plaque, and Dedication Event Proposal; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in this Report; Accept LFPAC's Recommendation for a Memorial Bench and Plaque for Artemas McCann Ginzton at Fremont Older Open Space Preserve as Proposed by Peninsula Open Space Trust (POST); Accept LFPAC's Recommendation to Expand the Project to Include a Dedication Event (Report R-08-100) K. Britt summarized the staff report and provided background information on Artemas McCann, who proposed saving the Fremont Older house. She said that the family decided on the site at Hunter's Point at Fremont Older Open Space Preserve. She said that POST will reimburse the District for costs. There will be a dedication event in the spring 2009. Director Hanko said the date for the event should be known as soon as possible. Meeting 08-18 Page 5 Director Riffle asked what the current process is to have a bench dedicated. R. Jurgensen explained the process. Director Hanko said there is a policy about dedications, but that the policy criteria should be reviewed. Director Riffle suggested having something that explains where the dedicated benches are located and who the people are being honored. Staff agreed. Director Nitz said he did not agree with having man-made objects on the preserves although he did like the idea of naming bridges. Motion: Director Cyr moved approval of the Artemas McCann Ginzton Memorial Bench, plaque, and dedication event proposal; Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; Accept LFPAC's recommendation for a memorial bench and plaque for Artemas McCann Ginzton at Fremont Older Open Space Preserve as proposed by Peninsula Open Space Trust (POST); Accept LFPAC's recommendation to expand the project to include a dedication event. Director Riffle seconded the motion. Vote: The motion passed with a vote of 5 to I with Director Nitz voting against the motion. E. Agenda Item No. 8 —Authorize the General Manager to Amend a Contract with Timothy Best, CEG, for an Additional $25,000 for an Overall Amount Not to Exceed $50,000 to Provide Ongoing Engineering Geology, Hydrology, and Construction Administration Services (R-08-101) S. Abhors introduced the staff report stating that this consultant provides services not currently available by District staff. K. Lenington said that staff requests the continuation of the contract with Mr. Best and he reviewed the projects Mr. Best is currently working on. Motion: Director Hassett moved to authorize the General Manager to amend a contract with Timothy Best, CEG, for an additional $25,000 for an overall amount not to exceed $50,000 to provide ongoing engineering geology, hydrology, and construction administration services. The motion passed 6 to 0. VI. INFORMATIONAL REPORTS A. Committee Report Legislative, Funding, and Public Affairs Committee. Director Hanko, Chair, said that she and S. Abhors and R. Jurgensen met with Ira Ruskin and discussed funding. She said that S. Abhors, S. Schectman and R. Jurgensen developed Meeting 08-18 Page 6 language regarding AB 2954 to submit to the state including language for a special district representative under Section 5500. Board Appointee Committee. Director Riffle, Chair, said that the Board Appointee Evaluation Form had been given to the Board appointees and that they are reviewing the form and will give the Committee their comments. Administration and Budget Committee. Director Riffle, chair, said they will be examining changes to the budget process. He asked S. Abhors if the Committee was scheduled to meet on August 28 and S. Abbors said they would need to reschedule as M. Foster was not available on that date. Director Riffle said that they still owe the full Board a workshop on ratios and changes. B. Staff Reports B. Malone gave updates on crew projects occurring in the Skyline and Foothill areas. He gave an update on the marijuana issue in the El Sereno area. M. Williams pointed out a memo in the FYI's. He said that Chris True is moving the cattle in November. M. Freeman gave an update on the Giant Salamander Bridge project. He commented on the good press coverage the UNAVCO GPS project received. R. Jorgensen said that KRON-TV did a news segment. S. Schectman discussed a recent revision to the Brown Act. The existing rules on quorums and individual Board communications by one-way memos have not changed. The revision clarified that Directors may receive a briefing from the General Manager on matters of District business as long as a serial meeting does not result, such as Board members sharing their deliberations and positions. She gave an update on the status of the Santa Clara Sheriffs contract and said the item would be on the August 27 Board agenda. G. Sam asked for the Board's feedback on the new Board chairs. S. Abhors said he would be attending the Montgomery Heights annual barbeque. He said that construction had begun in the former Kaidera space. He said he toured the Mindego property with Audrey Rust and M. Williams and saw a lot of thistles. He said he would be meeting with C. Britton regarding Bear Creek Redwoods. He pointed out the memo in the FYI's regarding the summary of the building discussion at the previous meeting. He officially introduced Nicole Perez to the Board and said that she will be at all of the Board meetings to capture the Board's action items. C. Director Reports Director Cyr said he saw the KRON-TV segment and said that E. Simmons did an excellent job. On August 1, he hiked about 7 miles at Purisima Creek Redwoods Meeting 08-18 Page 7 Open Space Preserve and on August 8, he hiked the lower Steven's Creek area. He said his only compensable meeting was tonight's meeting. Director Hassett said his only compensable meeting was tonight's meeting. He said he would be out of town and will miss the August 27 Board meeting. He said he appreciated S. Abbors notification about the shooting in the area. Director Hanko said that Special District's booklet mentions the District. She said there was an article in the Palo Alto Weekly that featured her and a District trail. She said her only compensable meeting was tonight's meeting. Director Nitz said he hiked at Pulgas Ridge and Thomewood Open Space Preserves, and he hiked with S. Abbors at Windy Hill Open Space Preserve. He had dinner with Matt Allen, a District founder. He asked if staff had received the paper about the Sudden Oak Death project and S. Abbors said they would check with C. Roessler. He said his only compensable meeting was tonight's meeting. Director Riffle said his only compensable meeting was tonight's meeting. He attended an event at Los Trancos. He said that Arthur Diekg had hiked every trail on District land. He visited the western side of Purisima Creek Redwoods Open Space Preserve and commented on the activity there. He said he would be unable to attend the October I staff recognition event. Director Siemens said that the FYI's about the District's HVAC system was interesting. He said that David Schroeder took pictures and a video at Mt. Umunhum. He said the planning initiative in Los Gatos was now a dead issue. His only compensable meeting was tonight's meeting. V11. ADJOURNMENT President Siemens adjourned the Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 10:10 p.m. Lisa Zadek Recording Secretary