HomeMy Public PortalAbout20180425 - Minutes - Board of Directors (BOD)
April 25, 2018
Board Meeting 18-15
*Approved by the Board of Directors on May 9, 2018
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, April 25, 2018
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 5:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Curt Riffle, and Pete Siemens
Members Absent: Nonette Hanko and Yoriko Kishimoto
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Acting Assistant General Manager Christine Butterfield, Real
Property Manager Mike Williams, Senior Real Property Specialist Allen
Ishibashi
Public comments opened at 5:00 p.m.
No speakers present.
Public comments closed at 5:00 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Santa Clara County APN(s): 562-23-007
Agency Negotiator: Allen Ishibashi, Sr. Real Property Agent
Negotiating Party: Ismael Benhamida, Broker, Marcus & Millichap
Under Negotiation: Purchase Terms
Meeting 18-15 Page 2
ADJOURNMENT
President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 5:38 p.m.
SPECIAL MEETING
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 6:00 p.m.
President Cyr reported the Board met in closed session, and no reportable action was taken.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Curt Riffle, and Pete Siemens
Members Absent: Nonette Hanko and Yoriko Kishimoto
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Acting Assistant General Manager Christine Butterfield,
Acting Assistant General Manager Brian Malone, Chief Financial
Officer/Director of Administrative Services Stefan Jaskulak, Engineering
& Construction Manager Jay Lin, Capital Projects Manager III Zachary
Alexander
1. Project goals and delivery process for the Mount Umunhum Radar Tower Long-
Term Repair Project at Sierra Azul Open Space Preserve (R-18-42)
Acting General Manager Ana Ruiz described previous Board decisions and Midpen actions
related to the repair and maintenance of the Mount Umunhum Radar Tower (Tower) and
discussed the need to continue to maintain the Tower to provide a safe environment for visitors
to the Mount Umunhum Summit.
Acting Assistant General Manager Christine Butterfield described the purpose of the Tower
long-term repair project: to ensure safe visitor experience near and around the structure,
minimize long-term maintenance, provide safe conditions for interior and exterior maintenance,
and adhere to the Board’s decision to retain and seal the structure.
Director Siemens inquired why an additional assessment is needed at this time because previous
assessments were completed for the Tower.
Capital Project Manager III Zachary Alexander explained the most recent assessment was
completed in 2012, and it only assessed the need for short-term interim repairs, which were
completed in 2016.
Mr. Alexander presented the staff report describing the project’s purpose and goals, chronology
of past efforts, and ongoing structural degradation and maintenance issues of the Tower;
including interior standing water, interior and exterior peeling paint, roof issues, wildlife entry
points and exclusion measures, and interior hazmat requirements, etc.
Meeting 18-15 Page 3
Director Siemens requested clarification related to the need for the proposed Tower repairs to
repair interior damage based on Santa Clara County requirements.
Ms. Ruiz explained the proposed repairs are not based on Santa Clara County requirements but
help ensure staff safety when they have to enter the Tower for any maintenance or operational
issues.
Director Siemens requested additional information related to proposed structural damage repairs
stating staff should not be entering the building if unsafe, or the recommended repairs are
unrelated to staff safety.
Acting Assistant General Manager Brian Malone described safety measures and programs
currently being used by staff to ensure safety when entering the Tower.
Director Siemens expressed that his concerns are related to major structural damage, such as
rebar repairs, bolting walls together, etc., which would not be required if staff did not enter the
building.
Mr. Malone reported Midpen staff has been required to enter the Tower multiple times to address
required regulatory concerns related to standing contaminated water and wildlife.
Director Harris inquired regarding measures to prevent wildlife entry into the Tower, which was
not addressed in the environmental impact report (EIR).
Mr. Malone reported the need to exclude wildlife from the tower was identified following
completion of the EIR.
Director Cyr inquired regarding the nature of the hazardous materials identified in the Tower.
Mr. Alexander reported lead paint and asbestos material have been found in the Tower, and
asbestos-containing material is on the roof.
Director Siemens inquired if water were kept out of the building whether the other hazardous
materials would continue to be a concern.
Mr. Alexander reported this may potentially be the case, but cannot be confirmed at this time.
Water is also entering through the permeable concrete walls and the closure plates on the
openings.
Mr. Alexander reviewed the project delivery process, including development of a basis of design,
which will include a list of recommended repairs and high-level schematic plans and cost
estimates. The basis of design will be presented to the Board for review and approval.
Director Siemens suggested Midpen staff complete the necessary Tower assessments and
inspections rather than an outside consultant.
Engineering and Construction Manager Jay Lin explained Midpen staff is currently committed to
other Midpen projects, and many of the Tower project tasks may require expert experience to
evaluate.
Meeting 18-15 Page 4
Mr. Alexander described the reasoning for pursuing a design-bid-build process for the project
due to its complex nature. Finally, Mr. Alexander outlined the next steps of the project.
Director Riffle suggested inclusion of a goal for the project to meet all regulatory requirements.
Acting General Counsel Hilary Stevenson explained a commitment to meet all regulatory
requirements is implied with all Midpen projects.
Director Hassett requested clarification related to removal of interior and exterior lead paint
previously completed by the Army Corps of Engineers.
Mr. Alexander explained the project completed by the Army Corps of Engineers only removed
loose paint, but due to environmental factors, more paint is now flaking and requires removal.
Staff recommends removal of all paint to prevent future paint flaking.
Director Siemens inquired whether the District could inform the California Department of Fish
& Wildlife that staff cannot enter the Tower due to hazardous materials.
Mr. Malone explained that despite Midpen’s best efforts, wildlife may be able to enter the Tower
through unknown means, so regular monitoring and inspection is needed.
Director Siemens expressed his concerns related to spending public funds to clean up the interior
of the Tower, including interior structural repairs needed to maintain staff safety when entering
the Tower.
Public comments opened at 6:54 p.m.
Sam Drake, President of the Umunhum Conservancy, spoke in favor of the continuing process to
repair the Tower and spoke in favor of the proposed project goals. Mr. Drake suggested adding a
goal that the work should not reduce the historic integrity of the building, and the proposed
repairs should meet aesthetic criteria.
Lester Earnest, former Stanford computer scientist researcher, spoke regarding the
ineffectiveness of the radar tower system used at Mount Umunhum. Mr. Earnest suggested the
installation of a plaque on the site describing the ineffectiveness of the system.
Melany Moore spoke in favor of sealing out wildlife from the Tower to protect them. Ms. Moore
spoke in support of the Umunhum Conservancy and Tower.
Kevin Mankin spoke regarding the sealing of similar radar towers throughout the United States,
and Midpen may want to use their programs as examples.
Public comments closed at 7:03 p.m.
Director Hassett discussed the encapsulation of the Tower and the availability of materials and
suggested installation of a foam roof on the Tower.
Director Riffle expressed support of the Acting General Manager’s recommendations.
Meeting 18-15 Page 5
Director Harris expressed concern regarding spending additional taxpayer funds on the Tower.
Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the project
goals, project delivery process, and timeline for the Mount Umunhum Radar Tower Long-Term
Repair Project.
VOTE: 3-1-1 (Director Harris opposed; Director Siemens abstained; Directors Hanko and
Kishimoto absent)
Motion fails.
ADJOURNMENT
President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:09 p.m.
REGULAR MEETING
President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to
order at 7:10 p.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Curt Riffle, and Pete Siemens
Members Absent: Nonette Hanko and Yoriko Kishimoto
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Chief Financial Officer/Director of Administrative Services
Stefan Jaskulak, Acting Assistant General Manager Brian Malone, Acting
Assistant General Manager Christine Butterfield, District Clerk/Assistant
to the General Manager Jennifer Woodworth, Acting Public Affairs
Manager Cydney Bieber, Grants Specialist Melanie Askay, Information
Systems & Technology Manager Garrett Dunwoody
ORAL COMMUNICATIONS
Rhoda Fry spoke regarding the Lehigh Cement Quarry and the lack of regulatory enforcement of
the Quarry by the Regional Water Quality Control Board. Ms. Fry spoke regarding dust emitted
during blasting and the exemption of Lehigh Quarry from particulate matter regulations. Finally,
Ms. Fry expressed concern related to a newly proposed mining site and encouraged Midpen to
review the new regulations.
ADOPTION OF AGENDA
Motion: Director Harris moved, and Director Riffle seconded the motion to adopt the agenda.
VOTE: 5-0-0 (Directors Hanko and Kishimoto absent)
Meeting 18-15 Page 6
SPECIAL ORDERS OF THE DAY
• Introduction of staff
O Filipe Nistal, Senior Capital Projects Manager
CONSENT CALENDAR
Public comment opened at 7:19 p.m.
No speakers present.
Public comment closed at 7:19 p.m.
Motion: Director Siemens moved, and Director Harris seconded the motion to approve the
Consent Calendar.
VOTE: 5-0-0 (Directors Hanko and Kishimoto absent)
1. Approve April 11, 2018 Minutes
Director Riffle clarified his comments regarding potential legislation related to the threshold for
passage of tax measures. Director Riffle explained his intent was to request that the Board
discuss the topic at a future meeting to determine if it is an issue the Board is interested in asking
staff to research.
Motion: Director Harris moved, and Director Siemens seconded the motion to approve the April
11, 2018 with the suggested corrections.
VOTE: 5-0-0 (Directors Hanko and Kishimoto absent)
2. Claims Report
3. Grant Agreement with the Santa Clara Valley Water District for the Webb Creek
Bridge Replacement (R-18-38)
General Manager’s Recommendation: Adopt a resolution confirming an application for the Safe,
Clean Water Priority D3 Grant Program, affirming that sufficient funds are available to complete
this work, and authorizing the General Manager to execute the grant agreement with the Santa
Clara Valley Water District to receive $149,500 for replacement of Webb Creek Bridge.
BOARD BUSINESS
4. Award of Contract to Graniterock Company for Construction of the Bear Creek
Redwoods Public Access Project (R-18-39)
Senior Capital Project Manager Matt Brunnings provided the staff presentation describing the
project scope of work, including at-grade pedestrian crossing and parking lot on Bear Creek
Road, removal and replacement of Webb Creek Bridge, and a new trailhead vault toilet.
Meeting 18-15 Page 7
Director Harris inquired if the increased project costs can be absorbed by the applicable Measure
AA portfolio.
Ms. Butterfield explained staff has met to discuss the project costs in relation to other projects
included in the portfolio to determine portfolio savings to offset cost increases.
Director Siemens suggested a Phase II loop trail between the parking lot and gates BC08 and
BC09.
Ms. Ruiz explained the pedestrian crossing on Bear Creek Road in this area is unsafe.
Director Siemens suggested reopening the eastern side of the Bear Creek Redwoods Preserve to
permit holders after construction is complete.
Mr. Malone reported staff is concerned that reopening the eastern side at that time could create
confusion for visitors who may not have a permit to access the eastern side; however, permit
access would continue for those at Bear Creek Stables.
Public comments opened at 7:34 p.m.
Nancy Cole representing Friends of Bear Creek Stables spoke regarding the time being taken
related to planning the stables site.
Melany Moore, representing the Friends of Bear Creek Stables, reported the organization has
received two grants to pay for the fittings for two water tanks. The Friends of Bear Creek Stables
will continue to make improvements on the site. Finally, Ms. Moore invited the Board to attend
the Friends of Bear Creek Stables open house in May 5, 2018 form 10:00 am to 1:00 pm.
Public comments closed at 7:38 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to:
1. Award a contract to Graniterock Company of Watsonville, California for a not-to-exceed
base contract amount of $3,369,858.
2. Authorize a 15% construction contract contingency of $505,478 to be reserved for
unanticipated issues, thus allowing the total contract amount not-to-exceed $3,875,336.
VOTE: 5-0-0 (Directors Hanko and Kishimoto absent)
5. Contract Amendment for Design Services with Mills Design (R-18-41)
Acting Assistant General Manager Christine Butterfield provided the staff presentation
describing the history of the contract and use of on-call contracts. Due to unexpected projects in
2017, the contract with Mills Design has exceeded its contract limit. Staff will issue a request for
proposals and qualifications in May 2018 for new design contracts.
Public comments opened at 7:43 p.m.
No speakers present.
Meeting 18-15 Page 8
Public comments closed at 7:43 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to authorize the
Acting General Manager to amend an on-call design services contract with Mills Design for an
additional $50,001 for a not-to-exceed total of $100,000.
VOTE: 5-0-0 (Directors Hanko and Kishimoto absent)
6. Award of Contracts for Fiber Optic Line installation and Ethernet Virtual Private
Network Services with Comcast Business Inc. (R-18-40)
Information Systems & Technology Manager Garrett Dunwoody presented the staff report
describing past communications infrastructure upgrades to improve staff communications and
connectivity and the proposed fiber optic line installation, which will connect all District offices
through a network.
Director Cyr inquired if moving to a new administrative office location will affect the
connectivity.
Mr. Dunwoody explained only a small cost would be incurred when moving office locations in
urban areas because fiber lines are already in the area.
Director Hassett suggested a mixed vendor solution may be less expensive and suggested
speaking with Coastside Net to determine if there could be cost savings for the field offices.
Mr. Dunwoody explained additional network interfaces would be needed if utilizing a mixed
vendor solution to allow for different types of vendor software.
Public comments opened at 8:16 p.m.
No speakers present.
Public comments closed at 8:16 p.m.
Motion: Director Riffle moved, and Director Siemens seconded the motion to
1. Authorize the General Manager to execute a contract with Comcast Business Inc., for the
installation of fiber optic line to four office facilities for a base contract amount of $456,309
based upon the State of California CALNET 3 pricing.
2. Authorize the General Manager to execute a three-year service contract with Comcast
Business Inc., for an Ethernet virtual private line (EVPL) for an annual not-to-exceed amount
of $115,000, for a total contract amount of $345,000, based upon the State of California
CALNET 3 pricing.
VOTE: 5-0-0 (Directors Hanko and Kishimoto absent)
INFORMATIONAL REPORTS
A. Committee Reports
Meeting 18-15 Page 9
Director Riffle reported the Action Plan and Budget Committee met on April 24, 2018 to review
the proposed FY2018-19 Budget and Capital Improvement and Action Plan.
B. Staff Reports
Ms. Butterfield reminded the Board of the Bear Creek Redwoods groundbreaking ceremony on
May 1, 2018.
Ms. Ruiz reported her attendance at a recent meeting of Santa Clara County parks directors
during which they toured Marshall Cottle Park. Ms. Ruiz reported on a recent update to the all
staff meeting to allow for more interactions with field offices.
C. Director Reports
The Board members submitted their compensatory reports.
Director Harris reported her attendance at the Redwood City Chamber of Commerce Progress
Seminar. Director Harris suggested the District might want to consider a relationship with the
Mountain View REI store similar to relationships other open space districts have with REI
stores. Finally, Director Harris reported on recent meetings with California legislators that she,
President Cyr, and staff attended.
Director Hassett reported he will be out of the country for the next few meetings.
President Cyr reported he will be attending the San Jose Conservation Corps luncheon.
ADJOURNMENT
President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:32 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk