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HomeMy Public PortalAbout20080827 - Minutes - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 08-19 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS August 27, 2008 MINUTES SPECIAL MEETING I. ROLL CALL President Pete Siemens called the Special Meeting to order at 6:10 p.m. He called the Roll. Members Present: Pete Siemens, Nonette Hanko, Jed Cyr, Mary Davey, Ken Nitz, and Curt Riffle. Members Absent: Larry Hassett Staff Present: Steve Abhors, Sue Schcctman, Duncan Simmons, Mike Williams II. CLOSED SESSION The Board adjourned to Closed Session at 6:10 p.m. for the purpose of discussing Closed Session Agenda Items Numbers 1, 2, and 3. The Closed Session concluded at 7:30 p.m. REGULAR MEETING Ill. President Siemens called the Regular Meeting to order at 7:35 p.m., and asked for the Roll Call. President Siemens stated that there were no reportable items from Closed Session. Members Present: Pete Siemens, Nonette Hanko, Jed Cyr, Mary Davey, Ken Nitz, and Curt Riffle. Members Absent: Larry Hassett Additional Staff Present: G. Sam, D. Sanguinetti, R. Jurgensen, M. Freeman, T. Hugg, M. Newbum, A. Correia, K. Carlson, G. Baillie, M. Manning, L. Infante, E. Simmons, C. Roessler, L. Patterson, S. Voiss, J. Chung, C. Koopmann M ecling 01-19 Page 2 IV. ORAL COMMUNICATIONS —There were none. V. INTRODUCTION OF NEW EMPLOYEES S. Schectman introduced Sue Voiss as the new Legal department half-time Administrative Assistant. S. Voiss said she was thrilled to be working at the District. M. Williams introduced the Real Property Department's new Administrative Assistant, Jean Chung. J. Chung and she said she was happy to working at the District. C. Roessler introduced Clayton Koopmann as the District's new Rangeland Ecologist. The Board of Directors welcomed the three new staff members. V1. ADOPTION OF AGENDA Director Cyr gave a correction to the agenda stating that staff report number 3 should read "M. Manning"rather than M. Meredith. Motion: Director Cyr moved that the Board adopt the Agenda as corrected. Director Nitz seconded the motion. The motion passed 6 to 0. VIL ADOPTION OF CONSENT CALENDAR Director Nitz asked to pull the Agenda Item 3 from the Consent Calendar and that he had a comment on the July 23, 2008 Minutes. He asked that the Board Secretary be specific in the Minutes when quoting a question from a Director. Director Cyr made a correction to the July 23, 2008 Minutes on page 5, paragraph 2 and said that the word "affect" should be changed to "effect". Motion: Director Cyr moved that the Board adopt the Consent Calendar, including approval of the amended July 23, 2008 Board Minutes and the July 9, 2008 Board Minutes; and Revised Claims 08-16. Director Riffle seconded the motion. Vote: The motion passed 6 to 0 except for the AT&T and Verizon Claims identified on the Revised Claims list. Directors Davey and Hanko are recusing themselves from voting on the AT&T items. Director Hanko recused herself from voting on the Verizon Claims. The Board vote on the AT&T claims passed by a vote of 4 to 0. The Verizon claims passed by a vote of 5 to 0. Vill. BOARD BUSINESS A. Agenda Item No. 3 —Authorize the General Manager to Amend the Contract with Jakaby Engineering in the Amount of$14,000 for a Total Authorization Amount Not to Exceed $74,000 for Engineering Design and Inspection of Seven Bridges at El Corte de Madera Creek Open Space Preserve - (Report R-08-104) Director Nitz asked if there was a 10-15% contingency on this contract. S. Abhors replied yes, but the full contract amount had been exceeded. Director Nitz referred to the second paragraph and asked if the contractors would be designing and Meeting 08-19 Page 3 engineering the bridge foundations, removal of existing culverts, failing bridges and associated fill material. M. Freeman said that the County requested a formal grading plan and Jakaby Engineering will design the plans to work on these projects. Motion: Director Nitz moved to authorize the General Manager to amend the contract with Jakaby Engineering in the amount of$14,000 for a total authorization amount not to exceed $74,000 for engineering design and inspection of seven bridges at El Corte de Madera Creek Open Space Preserve. Director Cyr seconded the motion. The motion passed 6 to 0. S. Abhors requested the Board of Directors move Agenda No. 4 up on the Agenda because of guests in the audience present for Agenda No. 5. President Siemens requested a motion. Motion: M. Davey moved to re-order the Agenda order so that Agenda Item No. 5 would be presented before Agenda No. 4. N. Hanko seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 5--Authorize the General Manager to Approve the Attached Memorandum of Understanding Between the Santa Clara County Office of the Sheriff and the District for the Provisions of Law Enforcement Services on District Lands—(Report R-08-02) D. Sanguinetti introduced the staff report and introduced the three guests representing Santa Clara County and the Santa Clara County Sheriff's office. They were Under Sheriff John Hirokawa, Captain Terry Calderone and Commander Lindley Zink. G. Baillie presented the staff report and reviewed the goals of the program. Director Riffle thanked S. Schectman, D. Sanguinetti and G. Baillie for their work on bringing this contract before the Board. He asked for clarification about the hours that would be worked by the sheriff's office and G. Baillie clarified adding that rangers and sheriff deputies could be on a Preserve at the same time. Director Riffle asked about the primary and secondary service areas. G. Baillie said the primary service area is Sierra Azul Open Space Preserve and all other areas were considered the secondary service area. D. Sanguinetti added that Sierra Azul was chosen as the primary service area because it is the District's most remote area, but where a sheriff deputy's patrol takes place will be up to the District's supervising rangers. Director Riffle asked how staff will determine the success of the contract. D. Sanguinetti said that the sheriff staff will submit daily logs, there will be staff review and staff will have quarterly meetings with the Santa Clara County Sheriff's staff. Director Riffle asked about the difference between a deputy and reserve sheriff. Under Sheriff John Hirokawa explained the differences of these job titles and discussed the differences in their pay scales. Director Nitz asked if the District can Meeting 08-19 Page 4 choose the classification sheriff deputy that will provide services. G. Baillie said that the District t cannot request a certain classification of sheriff's deputy, as, under the applicable County rules, either class of officer can apply for this employment and under the Fair Labor Standards Act, such choice is required. Public Comment District Ranger, K. Carlson, president of the Peace Officer's Association, thanked the Santa Clara County Sheriff's staff and District staff and said that the Association supported the MOU; however, he said they had some concerns. He reviewed three occurrences in the past summer that involved the safety of District rangers. He said that they cannot predict where incidents occur and focusing on the Sierra Azul area was limiting. He added that it is very important to review the program at nine months. S. Abbors stated that he had worked with police contracts over the past 23 years and he addressed K. Carlson's concerns. Motion: Director Davey moved approval to authorize the General Manager to approve the Memorandum of Understanding between the Santa Clara County Office of the Sheriff and the District for the provisions of law enforcement services on District lands. Director Riffle seconded the motion. The motion passed 6 to 0. C. Agenda No. 4— Progress Report and Presentation by Wetlands and Water Resources on the Alpine Pond Long-term Management Plan Phase 1, Alternatives Development; Receive Progress Report and Presentation by Wetlands and Water Resources on the Alpine Pond Long-term Management Plan Phase 1, Alternatives Development; Direct Staff to Develop an Implementation Plan for Recommended Management Options, Research Funding Sources, and Conduct Outreach to Preserve Neighbors, Docents, and Interested Parties—(Report R-08-96) L. Infante introduced the staff report and said that the Wetlands and Water Resources consultants, Christina Toms and John Vollmer, would present an overview of the project. Ms. Toms gave a PowerPoint presentation and reviewed the goals and objectives of the Alpine Pond project. Ms. Toms reviewed the key management issues and showed a map for controlling the cattails and installing new trails and platform viewing areas around the pond. They recommended a one-time draining of the pond to eliminate non-native fish. Mr. Vollmer reviewed the vegetation map of the area. Mr. Vollmer reviewed the possible methods to remove and manage the cattails around the pond. Director Hanko stated that she was interested in recycling the natural resources and added that she was not interested in seeing dying or dead fish after the pond was drained. She offered several alternatives, including offering fishing opportunities. Meeting 08-19 Page 5 i L. Infante said that staff would prepare a public outreach plan prior to draining the pond. Director Nitz asked for copies of the consultant's reports. He asked if the cattails could be cut when the pond is drained. Ms. Toms said it was possible, but it is easier to cut the cattails with the water present and the soil is wet. Director Riffle said that the report was very thorough and educational. He said he saw two goals, including restoring the pond to be as "native" as possible and to increase the educational value of the pond. Director Cyr said that he could not support allowing the public to go fishing at the pond. He said he did like the educational value aspect of the project. Director Siemens commended the idea for the boardwalks and he said he liked the idea of installing interpretive signs that explain what is going on at the pond. K. Carlson gave some historical background on the pond and said that Sam McGinnis had suggested fishing the ponds. He also said that the Department of Fish and Game could help relocate some of the fish. Motion: The Board accepted the progress report and presentation by Wetlands and Water Resources on the Alpine Pond long-term Management Plan Phase I and alternative development. Director Cyr moved to direct staff to develop an Implementation Plan for Recommended Management Options, research-funding sources, and conduct outreach to preserve neighbors, Docents, and interested parties. Director Riffle seconded the motion. The motion passed 6 to 0. D. Agenda No, 6—Authorize the General Manager to Execute a Contract Amendment with Tannerhecht, Inc. for an Additional $72,500 for an Overall Amount Not to Exceed $122,700 to Provide Architectural and Engineering_ Consulting Services for the Administrative Office Remodel Project—(Report R-08-80) i T. Hugg presented the staff report and reviewed the background of the project to date. She said that the Management Team determined that relocating the Planning Department to the former tenant space was the preferred alternative. Director Riffle asked what the criteria was used to make that decision. T. Hugg reviewed ed the process and showed a floor plan highlighted with the different areas each department uses in the building. Criteria included maximizing space available to accommodate employees, and keeping Departments together. Director Nitz said staff had done a job,'ob but he said he was concerned about the g Planning Department being isolated. Director Hanko echoed this concern. M. Freeman addressed these concerns to the Board's satisfaction. Meeting 08-19 Page 6 Director Nitz asked that the contingency fee be relocated to the beginning of the report. Director Siemens asked about the budget for the project and T. Hugg said that the scope of the project has changed which would affect the project budget. Motion: Director Davey moved to authorize the General Manager to execute a contract amendment with Tannerhecht, Inc. for an additional $72,500 for an overall amount not to exceed $122,700 to provide architectural and engineering consulting services for the Administrative Office remodel project. Director Nitz seconded the motion. The motion passed 6 to 0. D. Agenda No. 7—Award of Contract with TKO General Engineering and Construction, Inc. for the Regnart Creek Culvert Replacement Project at Fremont Older Open Space Preserve; Authorize the General Manager to Execute a Contract with TKO General Engineering and Construction, Inc. for the Bid Amount of $49,491 Plus a 15% Contingency for a Total Amount Not to Exceed $56,914.65 for the Rqmart Creek Culvert Replacement Project at Fremont Older Open Space Preserve; Authorize the General Manager to Amend the Above Contract for an Additional Amount of$18,000.00 for a Total Amount Not to Exceed $74,914.65 if the Project Geotechnical Engineer Determines that the Fill Material on Site Must be Replaced with Clean Backfill—(Report R-08-93) E. Simmons gave a PowerPoint presentation and showed a map of the project area and photographs of the site. She reviewed the timeline of the project and closing the work site to the public. She said that the recommended contractor, TKO General Engineering and Construction, Inc., had worked on District projects in the past, gave the lowest and most responsible bid for the project, and they were familiar with the District's processes. Director Hanko asked about the public notification process for the project, which both E. Simmons and M. Freeman addressed. Motion: Director Nitz moved to approve the award of contract with TKO General Engineering and Construction, Inc. for the Regnart Creek Culvert Replacement Project at Fremont Older Open Space Preserve; Authorize the General Manager to execute a contract with TKO General Engineering and Construction, Inc. for the bid amount of $49,491.00 plus a 15% contingency for a total amount not to exceed $56,914.65 for the Regnart Creek Culvert Replacement Project; Authorize the General Manager to amend the above contract for an additional amount of$18,000.00 for a total amount not to exceed $74,914.65 if the project geotechnical engineer determines that the fill material on site must be replaced with clean backfill. Director Davey seconded the motion. The motion passed 6 to 0. Meeting 08-19 Page 7 E. Agenda No. 8—Approve Joint Powers Agreement (JPA) to Authorize District Membership in Bay Area Employee Relations Service (BAERS) and Designate the Administration and Human Resources Manager as the District's Representative, and Designate the Human Resources Management Analyst as the District's Alternative Representative on the BAERS Board of Directors—(Report—R-08-102) G. Sam reviewed the staff report and described the Bay Area Employee Relations Service (BAERS) and reviewed the budgetary cost for the current fiscal year. He introduced Dick Allen, the Executive Director of BAERS. Director Hanko said entering into the agreement with BAERS looked like a cost benefit to the District. Director Nitz asked several questions regarding the other member agencies in BAERS. Mr. Allen replied by showing the list of agencies. G. Sam said that BAERS's database was not a 100% match, but it will be a very helpful tool. He added that member agencies can request job classifications to be included or added. Mr. Allen gave some historical background about BAERS and the work it does and the types of member agencies. Director Siemens asked if BAERS collects data from non-member agencies and Mr. Allen said that they did. Mr. Allen and G. Sams gave a demonstration of the website to the Board members. Motion: Director Davey moved to approve the Joint Powers Agreement (JPA) to authorize District membership in Bay Area Employee Relations Service (BAERS) and designate the Administration and Human Resources Manager as the District's representative, and Designate the Human Resources Management Analyst as the District's alternative representative on the BAERS Board of Directors. Director Hanko seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL / COMPENSABLE MEETING REPORTS A. Committee Reports: There were none. B. Staff Reports: M. Freeman pointed out an FYI regarding the implementation of the Resource Management Grants Program. Director Nitz asked about the slender false brome stating that he expected the public outreach to occur by August 15. D. Sanguinetti said that staff is looking at September and R. Jurgensen said that the program a] information has been drafted and he is reviewing it with the General Manager. Director Cyr asked if delaying the spraying affected the growth. S. Abbors said that the spraying should have occurred earlier in the season. Director Nitz asked R. Jurgensen if the District's newsletter was printed on different paper and if it was still recycled. R. Jurgensen said the paper was recycled. M. Williams said that the Meeting 08-19 Page 8 District had received the final Proposition 40 2002 grant funds of$564,000 for Mindego. The grant projects for the Proposition 40 program have been completed. S. Schectman handed out the Bear Creek study to the Board members. She told the Board that they will see a claim for the District's contribution towards the Supreme Court's review of the Riverside County litigation and she said it might take up to 18 months or more to receive a decision from the California State Supreme Court. S. Abhors said he went to Los Trancos and Monte Bello Open Space Preserves and saw the coyote brush there. He also visited Long Ridge Open Space Preserve. He pointed out an FYI detailing the La Honda Unified School District funding and an FYI report on Sudden Oak Death thanking D. Sanguinetti and C. Roessler for their work. He said ten dates for possible Board tours would be e-mailed to the Directors. C. Board Member Reports: Director Riffle said he went on a docent hike the past Saturday. He said he turned in his compensable meeting report to the Clerk. Director Nitz said his compensable meetings were the Board meetings on August 13 and tonight's meeting. He said he created an election website at www.kennitz.org. Director Hanko said her compensable meetings were the Board meetings on August 13 and tonight's meeting. She asked staff how the photo contest was being advertised. S. Abhors said it was advertised in the District's newsletter and that there had been a press release about it. Director Davey said her only compensable meeting was tonight's meeting. She said she went to the Santa Fe Opera and spoke at the Los Altos Hills Kiwanis Club and presented the District slideshow. She handed out invitations to the Committee for Green Foothills September 28 annual fundraiser event. Director Cyr said his compensable meetings included the Board meetings on August 13 and tonight's meeting. He said he hiked at Sanborn County Park on August 15. On August 19 he went with S. Abhors and R. Jurgensen to the Sunnyvale City Council meeting. He said the new District newsletter was wonderful. Director Siemens said his compensable meetings included the Board meetings on August 13 and •tonight's meeting. X. ADJOURNMENT President Siemens adjourned the Special and Regular meetings of the Board of Directors of the Midpeninsula Regional Open Space District at 11:12 p.m. Lisa Zadek Recording Secretary