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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
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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.
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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