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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