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HomeMy Public PortalAbout20100830 - Minutes - Board of Directors (BOD) OF Midpeninsula Regional ' Open Space District Meeting 10-21 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUGUST 30,2010 MINUTES SPECIAL MEETING L ROLL CALL President Mary Davey called the Special Meeting to order at 7:00 p.m. Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Curt Riffle, Pete Siemens, and Mary Davey. Members Absent: Nonette Hanko Staff Present: General Manager Steve Abhors, General Counsel Sue Schectman, Planning Manager Ana Ruiz, Mount Umunhum Project Manager Gina J g Cooney, Senior Resource Planner Kirk Lenin on Resource Planner I Julie Andersen, Operations Manager David Sanguinetti, Public Affairs Manager Rudy Jurgensen and District Clerk Michelle Radcliffe. District Clerk Michelle Radcliffe noted for the record that Agenda Item#4 and Agenda Item #5 will be taken off the Consent Calendar and will be discussed by the Board. II. ORAL COMMUNICATIONS There were none. III. ADOPTION OF AGENDA Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board approved adoption of the agenda as amended. (Vote 6-0-0; Absent: Hanko) Meeting 10-21 Page 2 IV. ADOPTION OF CONSENT CALENDAR Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board approved adoption of the Consent Calendar to approve the Board Minutes dated July 14,2010, and July 28, 2010, as amended; Approval of FY 2010-11 Annual Claims List; and Revised Claims 10-17. (Vote: 6-0-0; Absent: Hanko) V. BOARD BUSINESS A. Agenda Item 4—Consider Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Hazardous Materials Abatement Project at the Fortner Almaden Air Force Station at Mount Umunhum in Sierra Azul Open Space Preserve; and Authorize the General Manager to sign a Right of Entry with the United States Army Corps of Engineers to perform the Project as described in the Mitigated Negative Declaration(R-10-102) Mount Umunhum Project Manager Gina Coony introduced project consultants Gary Jakobs and Mike Parker of Ascent Environmental. She provided an overview of the Mount Thayer and Mount Umunhum area and stated that the abatement work being proposed at the sites is to remove lead-based paint and asbestos. She also reported that the work will not demolish any buildings that currently exist on the site. Mr. Jakobs provided an overview of the CEQA process regarding a Mitigated Negative Declaration and stated that the project at Mount Umunhum could have potentially significant effects on the environment but that mitigation measures incorporated into the project avoid or mitigate these effects to an insignificant level. He reported that the abatement work could have potentially significant impacts to bats roosting in the buildings and birds nesting in vegetation near buildings and he provided the mitigation measures which would avoid those potential effects. Mr. Jakobs also reported that there were two comments received from the public, one from the McQueen Family and one from the Leeson Family. He reported that the comments received from the McQueen Family were not CEQA related as the concerns expressed were regarding security and trespassing issues. Mr. Jakobs reported that the comments received from the Leeson Family were CEQA related and that the concerns expressed were responded to as part of the Board report. The comments concerned air pollution, water pollution, noise pollution,potential fire hazards, and visual impacts. Mr. Jakobs stated that there would be no potentially significant impacts of this nature due to the nature of the project and project setting. Public Comment: Mount Thayer Resident David Leeson stated he sent a letter to the District expressing concerns about potential fire hazards, impacts to the scenic visibility of the area, and air, noise, and water pollution. He stated he was not satisfied with the District's response to his concerns and requested that the concerns be addressed by the Board. President Davey closed the Public Hearing. At 7:29 p.m., the Board recessed and reconvened at 7:43 p.m. with Directors Riffle, Harris, Cyr, Hassett, Siemens, and Davey present. t Meeting 10-21 Page 3 Ms. Coony responded to Mr. Leeson's concerns. In regards to the noise pollution, Ms. Coony stated she will work with the US Army Corps of Engineers to adjust the start time of work from 6:00 a.m. to 7:00 a.m. She noted that work will be done Monday through Friday and not on the weekends. She also stated that most of the work will be conducted inside buildings during day light hours and that she will request that the US Army Corps of Engineers use the"whisper watt"generator as suggested by Mr. Leeson. In regards to concerns about fire danger, Ms. Coony reported that flames will not be used to brush vegetation and will only be used to remove materials from buildings. Jim Sharp of Hazardous Management Services spoke in regards to Mr. Leeson's concerns regarding air pollution and the potential of having hazardous materials floating away from the site. Mr. Sharp reported that there are numerous regulations that eliminate the possibility of materials escaping the abatement area and that the buildings will be"bagged"to prevent any material from leaving the abatement area. He also noted that when the abatement work is being conducted in an outdoor area, the area will also be bagged and that work will be halted if winds are extremely high. Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board opened the Public Hearing to hear additional public comments by Mr. Leeson. (Vote: 6-0-0; Absent: Hanko). Mr. Leeson expressed additional concerns regarding the use of fire torches for moveable materials, measurement of noise, and wind forecasts. President Davey closed the Public Hearing. Mr. Jakobs responded that the use of fire torches will be very limited and when used, there will be a fire watch system in place. As for the measurement of noise, Mr. Jacobs stated that noise measurements were not conducted. He further noted that the District is aware of the quiet state of the area and that they intend to improve the situation by requesting the US Army Corps of Engineers to use"whisper watt" generators, place generators inside the buildings, and to commence work at 7 a.m. Mr. Jakobs also stated that there is existing power in the buildings and that generators will only be used when absolutely necessary. Ms. Cooney addressed Mr. Leeson's concerns regarding wind forecasts and stated that the project has detailed work and site plans and the District will hire a third party monitoring agency to monitor the site. Motion: Upon motion by Director Hassett, seconded by Director Harris, and unanimously passed, the Board adopted the Mitigated Negative Declaration and Mitigation Monitoring Program for the Structure Abatement Project at the Former Almaden Air Force Station at Sierra Azul Open Space Preserve in accordance with the California Environmental Quality Act. (Vote: 6-0-0; Absent: Hanko) Motion: Upon motion by Director Harris, seconded by Director Siemens, and unanimously passed,the Board authorized the General Manager to sign a Right of Entry and project-related documents with the US Army Corps of Engineers. (Vote: 6-0-0; Absent: Hanko) B. Agenda Item 5—Approve Contract Amendment with TKO Construction in an amount not to exceed $24,500 (Report R-10-100) Meeting 10-21 Page 4 Resource Planner I Julie Anderson provided an overview of the Board report and stated that the purpose of the contract amendment was due to an error in the scale drawings of the plans provided by BAGG Engineers. Ms. Anderson stated that the design amendment will not change the CEQA document or other environmental regulatory permits already obtained by the District and that the District is working with BAGG Engineers to recoup costs incurred because of the incorrect scale drawings. Brief discussion ensued. Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board approved the contract amendment with TKO Construction in an amount not to exceed $24,500. (Vote: 6-0-0; Absent: Hanko). The Directors submitted their compensable meeting forms to the District Clerk. VI. ADJOURNMENT President Davey adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:19 p.m. Michelle Radcliffe, CMC District Clerk