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HomeMy Public PortalAbout20081022 - Minutes - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 08-23 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS October 22, 2008 MINUTES SPECIAL MEETING i I. ROLL CALL President Pete Siemens called the Special. Meeting to order at 5:36 p.m. He called the Roll. Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Ken Nitz, Larry Hassett and Curt Riffle. Members Absent: Mary Davey Staff Present: S. Abhors and S. Schectman. II. CLOSED SESSION The Closed Session concluded at 7:00 p.m. REGULAR MEETING III. ROLL CALL President Siemens called the Regular Meeting to order at 7:05 p.m. He asked the District Clerk for the Roll Call. Members Present: Pete Siemens, Jed Cyr,Nonette Hanko, Ken Nitz, Larry Hassett and Curt Riffle. Members Absent: Mary Davey Staff Present: G. Sam, D. Sanguinetti, R. Jurgensen, M. Freeman, M. Williams, D. Simmons, N. Perez, C. Roessler, T. Hugg and L. Maze. President Siemens stated that there were no reportable items from the Closed Session Agenda Item Number 1. IV. ORAL COMMUNICATIONS—There were none. Meeting 08-23 Page 2 V. ADOPTION OF AGENDA Motion: Director Nitz moved that the Board adopt the Agenda. Director Hanko seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR Director Nitz pulled both sets of the Board Meeting Minutes (September 24 and October 8) and Revised Claims from the Consent Calendar. Director Nitz asked questions on Revised Claims number 8902 which staff answered to his satisfaction. Motion: Director Cyr moved that the Board adopt the Consent Calendar, including approval of the Written Communications, Agenda Item 4 Re-port on Acceptance of Gift and Adoption of the Preliminga Use and Management Plan for the Former Carlson Property as an Addition to the Redwood Park Area of Purisima Creek Redwoods Open Space Preserve (San Mateo County Assessor's Parcel Number 067-128-110); and Revised Claims 08-19. Director Hassett seconded the motion. Vote: The motion passed 6 to 0 except for the AT&T and Verizon Claims identified on the Revised Claims list. Director Hanko voluntarily recused herself from voting on the AT&T and Verizon Claims. The Board vote on the AT&T and Verizon Claims passed by a vote of 5 to 0. VIL BOARD BUSINESS A. Board Meeting Minutes. Director Hanko asked that on page 4 of the September 24, 2008 Minutes, Committee Reports, the words"Santa Clara County"be inserted prior to the words"a historical plaque"to clearly identify who came up with the plan for the plaque. Director Cyr asked that on page 4 of the October 8, 2008 Minutes, Staff Reports, the word"updated"be changed to "update." Director Hanko said that the votes recorded on both Item E and Item F should be corrected to read, "The motion passed 6 to 0." Director Nitz commented on the new format of Board Minutes. He stated he appreciated the idea of reducing the length of the Minutes, but he said he thought it was too much. He said the Minutes are a permanent record of what occurs at Board meetings. President Siemens asked S. Schectman what the legal requirements were for Minutes. S. Schectman replied that the Board could act by motion, resolution, or ordinance. She said that it is important that the Minutes accurately capture the motion and the vote on the Meeting 08-23 Page 3 motion. She said having the Minutes contain the correct action taken is the basic legal floor and anything else the Board wants, whether very descriptive or sense minutes, is at the Board's will. President Siemens stated that amendments to motions, staff reports and written correspondence should be reflected in the Minutes. Director Riffle said he liked the new format. S. Abbors described how he thought the Minutes should be formatted going forward. President Siemens said that he agreed the shortened format be reviewed, but added that any action the Board members take or amendments to correspondence or the General Manager's recommendations should be reflected in the Minutes. Director Hanko stated that at workshops, when the Board gives their opinions and the public is invited to speak, it is important that the Minutes reflect those opinions and public comments. She said that there should be exceptions to reducing the Minutes to shorter length. At these meetings, more information and detail is needed in the Minutes. S. Schectman stated that there might be instances when a legal issue is discussed and a full transcription of what is said would need to be documented. Director Cyr asked that there be a connection between the Board staff reports and the Minutes. S. Abbors said that he and G. Sam would continue working on the format with the Recording Secretary. The goal is to provide complete Minutes in a timely manner. Motion: Director Cyr moved approval of the September 24, 2008 and October 8, 2008 Minutes as corrected and amended. Director Hanko seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 5—Progress Report on Research of Suppression of Sudden Oak Death in Large Forest Stands and Presentation by PhL4osphere Research; Receive Progress Report and Presentation by Mr. Ted Swiecki of Ph3tosyhere Research on Treatment Methods for the Suppression of Sudden Oak Death (SOD) in Large Forest Stands; Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act(CEQA) for the Reasons set Out in this Report; Direct Staff to Research and Monitor the Suppression of SOD at Three Sites—(Report R-08-123) C. Roessler presented the staff report. She introduced Dr. Ted Swiecki and Elizabeth Bernhardt, principles of Phytospere Research. Dr. Swiecki gave his presentation on Sudden Oak Death. Director Riffle asked what staff s plans were to mitigate the public's questioning of the District cutting down trees at Rancho San Antonio. C. Roessler said that staff agrees that this is a tremendous educational opportunity. Director Nitz; asked questions about phosphyte and Dr. Swiecki gave explanations of how and what phosphyte's do. Meeting 08-23 Page 4 Director Hanko asked why the dead trees are not cut down, with concern about fire, Dr. Swiecki said that research was occurring about this issue. He said that the leaf retention on dead trees varies from area to area and so there are questions about fuel for fires. Director Riffle asked how long until the District will have the research information to begin applying it to slow the spread of the disease. Dr. Swiecki said that it depends on the weather, as the disease is fueled by late spring wet weather. Director Hassett asked about the heritage trees. C. Roessler explained how the research data is helping staff make determinations about the heritage oak trees. The Board of Directors accepted the report. C. Agenda Item No. 6—Award of Contract for the Administrative Office(South End) Roof Replacement,• Determine that the Recommended Action is Categorically ExqWt from the California Environmental Quality Act(CEQA) for the Reasons Set Out in this Report; Authorize the General Manager to Enter into Contract with Petersen Dean Commercial, Inc. of Newark, CA for the Base Bid Amount of$43,410 for the Replacement of Approximately 8,000 Square Feet of Roof at the District's Administrative Office Building at 330 Distel Circle in Los Altos, CA, Authorize a Total Not-to-Exceed Contingency Amount of$99,182, Broken Down as Follows: (a) $8,682-a 20% Contingency on the Base Bid Amount of$43,410 to Cover Unforeseen Conditions Encountered in the Removal of the Existing Roof Surface Material and the Installation of the New Material, (b) $62,500-a Not-to-Exceed Additive Bid Amount to Allow for Necessary Replacement and Repairs to the Plywood or Other Roofing Infrastructure That May be Discovered Under the Existing Roof Layers Being Removed, (c) $28,000-a Not-to-Exceed Additive Bid Amount to Allow for Weather Protection Required in Case of Inclement Weather- (Report R-08-120) T. Hugg presented the staff report and noted that there was a correction to item number 3 under the General Manager's Recommendations. The dollar amount should be "$99,182" instead of"$99,132." Director Hassett asked about the chart showing the base bid price and he asked about the other bidders in each category. T. Hugg replied how the bids were based. Director Hassett said he thought the weather protection cost was very high and that he was uncomfortable with that dollar amount. He said it was troubling for a$43,410 roof to have over$99,000 in contingencies. S. Abbors said he understood Director Hassett's concerns,but acknowledged that wet weather was approaching and he felt it better to give staff the room to move this project forward. Director Siemens asked if solar panels were still going to be looked into on the roof and asked if the roof repair being proposed will support solar panels in the future. S. Abbors replied that they were looking at staying in the building for only five years, so staff has looked at the most cost effective actions for now while looking for a building that is greener than the current building. Meeting 08-23 Page 5 Motion: Director Cyr moved to approve the General Manager's Recommendations. Director Riffle seconded the motion. The motion passed 5 to 0. Director Hassett abstained. D. Agenda Item No. 7—Approval of Amendment to Appendix E of the District's Personnel Policies and Procedures Manual Regarding Salaried Employees—(Report R- 08-107) S. Abbors presented the staff report and explained the purpose of the amendments, which were to enhance the work conditions for exempt staff and aid in attraction and retention of staff. Director Nitz asked clarifying questions about how the exempt employees track their time. S. Abbors said that the employee would need to get their supervisor's approval prior to taking the time off. Director Nitz asked about the fiscal impact. S. Abbors said that in the short term, this is a no-cost item for the District. Motion: Director Hassett moved to approve the General Manager's Recommended action. Director Hanko seconded the motion. The motion passed 6 to 0. VIII. INFORMATIONAL /COMPENSABLE MEETING REPORTS A. Committee Reports: There were none. B. Staff Reports: M. Freeman gave an office remodel update. He gave updates on projects at various preserves. He said he was pleased with the report from the consultant at the Driscoll Ranch regarding the hazardous waste clean up. C. Riffle complimented A. Ruiz about the La Honda Master Plan and asked about the proposed meeting schedule. R. Jurgensen spoke about the new Communications Specialist, Leigh Ann Maze. He pointed out two press releases and articles in the FYI's. G. Sam reviewed upcoming Board calendar meeting dates. December 17 will be the annual holiday event. S. Abbors said that with the work of M. Williams, the District is poised to begin completion of the Purisima-to-the Sea linkage. He said that he, C. Britton, M. Williams, M. Foster and Audrey Rust from POST would be looking at past acquisition agreements and potential future acquisitions. He thanked S. Schectman, G. Sam and C. Cleve on their work with San Mateo County with the boundary line problems for the contested Ward 7 election and that they should now be completely resolved. He attended the Peninsula Working Group meeting along with Brian O'Neal, GGNRA, and Chet Barlow, State Parks. He said that he and Mr. Barlow would be looking at work arrangements between their two agencies. He attended the dedication of the Bay Trail at Ravenswood. Ralph Heim will be meeting with the Board and staff on December 10. He and Director Cyr went on a tour with M. Manning to see the Giant Salamander Trail. Meeting 08-23 Page 6 C. Board Member Reports: Director Riffle said he turned in his compensable meeting report to the District Clerk. He said he toured the Tuolumne River Park. He rode horses on Blair Ranch, purchased by POST and managed by the Open Space Authority. He went to the Cloverdale Ranch and he spent four hours with the ranch manager and Paul Ringgold. Director Nitz said his only compensable meeting was tonight's meeting of October 22. He shared how he discovered the errors in the boundary problems with missing precincts and added precincts that should not have been included in the boundaries in Ward 7 for the upcoming election. Director Hanko said her only compensable meeting was tonight's meeting October 22, and she said she would be attending the LFPAC meeting on October 23, 2008. She spoke about the Save the Bay Association, a new agency established by the Governor. She said the District might have an appointee, although this is not certain. Director Hassett said his only compensable meeting was tonight's meeting October 22, and he said he would be attending the LFPAC meeting on October 23, 2008. He stated he heard that S. Abbors gave a fabulous presentation at a Kiwanis meeting in Palo Alto. Director Cyr said he turned his compensable meetings report to the District Clerk. On October 9,he toured the Giant Salamander Trail with M. Manning and S. Abhors and noted that one bridge was installed. He went to Fremont Older to see the site where the bench will be installed. He attended the Volunteer event at Deer Hollow Farm on October 11. On October 16, he went to Thornewood and hiked the new trail. On November 15, the Ridge Trail is having a service day event, which is occurring all around the bay. S. Abhors shared some thoughts on how the Board could connect with the public. He said that on each of the Board members' web pages, staff has added a line that will let the public know how to leave their telephone number to be called back by a Director. President Siemens attended the Staff Recognition event and found it very interesting. He's waiting to get a bid about the Boardroom microphone system. He said that in January, the Board would like to convene a half-day workshop during a weekend day with just the Board members to discuss anything on their minds. This meeting would be non-staffed and non-facilitated. It would be a public meeting, but may be scheduled someplace offsite. IX. ADJOURNMENT President Siemens adjourned the Special and Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:25 p.m. Lisa Zadek, Recording Secretary