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Regional Open r ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-21
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
September 26, 2001
MINUTES
SPECIAL MEETING
I, ROLL CALL
President Pete Siemens called the meeting to order at 7:05 p.m.
Members Present: Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken
Nitz, and Pete Siemens.
Members Absent: Jed Cyr.
Staff Present: Craig Britton, Duncan Simmons, John Escobar.
H. CLOSED SESSION
P. Siemens stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Item 1.
The Board recessed to Closed Session at 7:05 p.m. and the Closed Session commenced at
7:05 p.m. The Board concluded the Closed Session at 7:15 p.m.
REGULAR MEETING
III. ROLL CALL
P. Siemens called the Regular Meeting to order at 7:30 p.m. and noted that no reportable
actions had taken place in Closed Session.
Members Present: J. Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little,
Ken Nitz, and Pete Siemens.
Members Absent: None.
330 Distel Circle . Los Altos, CA 94022-1404 * Phone:650-691-1200
Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanker,Larry Hassett,Kenneth C.Nitz .General Manager:L.Craig Britton
Meeting 01-21 Page 2
Additional Staff Present: Cathy Woodbury, John Maciel, Michael Williams, Sally
Thielfoldt.
IV. ORAL COMMUNICATIONS
Chuck Jeffery, 2784 Eulalie Drive, San Jose, said he was dismayed and upset at the
handling of specific trust issues by the District. He cited what he called negligence
regarding appraisals regarding one trustee, stating that his wife, Linda, was excluded. He
said this was in reference to the Stanton property in the Sierra Azul, Hicks, Road,
Guadalupe Reservoir area. He said his wife is listed as a trustee in the trust, and the
District knew that. He was quite concerned and wanted to know what the District's sense
of business is. He said his wife would be writing a formal letter to the Board.
H. Hanko said the Board was not aware of the matter and would like a report from staff.
C. Britton clarified that the Board ordinarily gets involved in acquisitions when there is
an option. He would bring the matter of this potential purchase of the property to them in
Closed Session.
Board members advised Mr. Jeffery to have his wife write a letter to the Board if she
wished.
V. SPECIAL ORDER OF THE DAY
J. Maciel introduced three newly hired rangers: Elisa Wickham, assigned to the Skyline
area; and Denise Smith and Anthony Correia, both assigned to the Foothills area. He
noted that there was one more vacancy to be filled.
VI. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded and
the motion passed 7 to 0.
VH. ADOPTION OF CONSENT CALENDAR
Staff answered questions regarding Claims 2590 and 2539. D. Little noted that in the
first line of his informational report in the August 8 minutes, the word"non-native"
should replace the word"native."
Motion: M. Davey moved that the Board adopt the Consent Calendar, including
minutes of the Regular Meeting of August 8, 2001 as corrected; Agenda
Item 4, Authorize the General Manager to Enter into a Contract with Mike
Tobar Excavation of Morgan Hill, CA for an Amount Not to Exceed
$27,000 ($24,000 Base Bid Plus a $3,000 Contingency) for the
Demolition of One Minor Structure and the Removal of Associated Debris
at Sierra Azul Open Space Preserve; Agenda Item 5, Authorize Staff to
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Meeting 01-21 Page 3
Advertise for Bids to Purchase Two Radio Base Station Repeater
Agenda Item 6, Award of Contract for Roof Repairs to the Administrative
Office Building, Authorize the General Manager to Enter into Contract
with All Seasons Roofing Services of San Jose, CA for the Base Bid
Amount of$22,844, Plus a Contingency Amount of$6,500, for a Total
Contract Amount Not to Exceed $29,344 for the Roof Repair of
Approximately 5,500 Square Feet of the District's Administrative Office
Building at 330 Distel Circle, Los Altos; and Revised Claims 01-18. J. Cyr
seconded the motion. The motion passed 7 to 0.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 —Application to Habitat Conservation Fund Program for the
Peninsula Open Space Trust (POST)Tunitas Creek Property Acquisition Project;
Determine That the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act as Set Out in this Report, Adopt the
Attached Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Approving the Application to the Habitat Conservation Fund
Program for the POST Tunitas Creek Property Acquisition Project—(Report R-
01-113).
C. Britton presented the staff report.
K. Nitz noted that the staff report said the 1992 Lobitos Creek project was
incomplete. C. Britton stated that it is a difficult project, but they will get it done.
He noted that the start of a project is defined as the award and execution of the
contract. He informed the Board that this acquisition is outside the District's
boundary and sphere and they will have to get LAFCO approval to go forward
with it.
N. Hanko stated that she liked the idea of extending the boundary, especially
when there is a possibility of extension of trails to the coast. She stressed that this
acquisition is different because the property is not adjacent to the District. She
wanted people to recognize that this is a new policy.
C. Britton read from the District's policy on acquiring land outside their boundary
that listed the exceptions. He added that D. Woods had looked at the land and
there definitely could be a trail connection without impacting farmland. He
showed where two trails go through the property and converge at the southern
end. He said the property consisted of 708 acres.
Motion: M. Davey moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act as set out in the staff report; and adopt
Resolution No. 0 1-24, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving the
Application for Grant Funds for the Local Agency Grant Program
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—Fiscal Year 2001-2002 Under the Habitat Conservation Fund
Program of the California Wildlife Protection Act of 1990 for the
Following Project: POST Tunitas Creek Property Acquisition. K.
Nitz seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2—Authorize the General Manager to Enter into a Contract
with the Lowest Responsive Bidder for the Re-Roof Project to the"Ranch House'
Employee Residence at Skyline line Ridge Open Space Preserve - (Reports R-01-112
and R-01-112A).
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M. Williams presented the staff report. L. Hassett noted that he was
uncomfortable with the bid process. C. Britton explained that as General
Manager, he is authorized to sign contracts up to $10,000, so the bid process was
an informal one the first time around. He said staff was comfortable with the
single bid because of the earlier informal bids. In regard to the $10,000 limit, the
law was changed to $25,000 but only in the East Bay. He was hopeful that that
limit would apply to the District by the start of 2003, if new legislation is passed.
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Motion: M. Davey moved that the Board authorize the General Manager to
enter into a contract with Done Right Roofing of Campbell, CA for
the base bid of$16,138 plus a contingency amount of 15%, or
$4 420 for a total contract amount not to exceed $18 558 for the
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roof replacement of the employee residence located at 2115
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Skyline Blvd. La Honda, CA. K. Nitz seconded the motion. The
motion passed 7 to 0.
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C. Agenda Item No. —Proposed Settlement ofClaim for Damages to Dis
trict
Property at El Corte de Madera Open Space Preserve;Determine that the
Recommended Actions are Categorically Exempt from the California
Environmental Quality Act CEQA) as set out in the staff report-(Report R-01-
111 .
D. Simmons outlined staff s recommendations and added that staff would be
returning to the Board in October with a plan for the repairs. He said the
hydrocarbons mentioned were gasoline (benzene and MTBE).
Motion: K. Nitz moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report;
and adopt Resolution No. 01-25, Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Authorizing the President to execute a Release and Settlement
Agreement with AIG Insurance Services for the Claim of Damages
to District Property Upon Payment of$130,000. N. Hanko
seconded the motion.
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Discussion: D. Little asked about the backfill material. D. Simmons said that
Cotton Shire had tested samples and felt most of it was acceptable.
Vote: The motion passed 7 to 0.
IBC. INFORMATIONAL REPORTS
M. Davey: 1. Last Wednesday C. Britton appeared before the Palo Alto Women's Club
and presented the District's new slide show. 2. She said the Mt. Umunhum trip the
previous Saturday was a wonderful event. 3. She asked about the status of AB 104. C.
Britton said it is on the Governor's desk. M. Davey urged that they send letters of
support to the Governor. 4. At the Hidden Villa event the previous Saturday, they gave
her a photo which she gave to the District. C. Britton thanked her on behalf of staff and
said it was a nice event. He said the fact that they honored M. Davey was wonderful and
timely.
K. Nitz: 1. On September 20 he went to the public hearing on the co-champion Bay Tree
at Rancho San Antonio. He said they want to remove the handball court next to the tree
and he had concerns about the effects on the tree. 2. He had participated the previous
Saturdayin the Smart Growth San Mateo. He said this was happening in eve County.
PP g every Y
N. Hanko: 1. She raised M. Dave for her speeches. 2. Los Altos had recognized local
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heroes of open space, and among those honored were Wallace Stegner, N. Hanko, M.
Davey, and Tony Look.
P. Siemens: 1. He said the Mt. Umunhum trip well-organized and the timing was just
right. 2. He said he would be gone through middle of next month. 3. He pointed out the
panoramic shots of Mt. Umunhum by David Schwaderer. C. Britton said he could not
think of a thing to change about the event and thought it was superb. He commended S.
Jensen and her staff.
L. Hassett said he was hiking in the Cascades last week.
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J. Cyr: 1. Five people attended the"Hike with a Board Member." One of the hikers was
a former student and others had been on docent-led hikes. He commended staff for
installation of the split rail fence. 2. He thought C. Britton's memo regarding the Mt.
Umunhum event was superb. 3. He commented on the report from staff regarding
seizure of 9,000 marijuana plants in August. 4. He showed pictures of wildflowers on
Russian Ridge that his wife had taken and had enlarged.
D. Little saw staff in operation on an emergency medivac, and was impressed with their
professionalism.
C. Britton: 1. He had the agenda for the Not-So-Annual Conference which will be
October 15-20. 2. The Deer Hollow Farm event is scheduled for October 7, 3:00 P.M.
3. He reminded the Board of the legislative breakfast in San Mateo County October 13.
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4. He asked the three Budget Committee members (J. Cyr, K. Nitz, and L. Hassett) if
they were available on November 14 at 4:00 p.m. 5. The FYI's contained notice of the
October 10 meeting of the Financing Authority at 7:15 p.m. Board Members who
comprise the committee are N. Hanko, L. Hassett, K. Nitz, and P. Siemens. 6. He said
the September 14 recognition of staff was an excellent event. 7. He announced that staff
would not be phoning committee members to remind them of meeting times. 8. He
talked about the packet that was handed out at the Mt. Umunhum tour, noting that it
included a resolution staff hoped other agencies would adopt. He said there would be a
tour of the Friends group in the spring.
S. Thielfoldt: 1. She reminded Board Members about the amended gift policy. 2. She
asked Board members to remind staff when they would be out of town. 3. She read a
note from L. Zadek, stating that she had appreciated the opportunity to serve as Acting
District Clerk.
L. Hassett suggested that in the future they consider canceling the Yom Kippur meeting.
C. Britton said that this was a policy matter, and the first time that Yom Kippur had
occurred on a District meeting to his memory.
J. Maciel: 1. He talked about the Monday lightning fires at the Lambert Creek area. 2.
Regarding the concerns regarding concrete removal around the Bay Tree, he said the
arborist would be working with staff on monitoring tree health during pad removal. He
talked about the timeline. N. Hanko had concerns that the concrete had been beneficial
in shading the tree and roots. J. Maciel described the process that will be used to evaluate
the demolition. He said that the arborist said the effect of the concrete on the tree has
been negative.
S. Jensen: 1. On October 6, the District will be participating in the Woodside
Environment Day. 2. She said that in a few weeks, the Public Affairs Department would
finally be fully staffed.
X. ADJOURNMENT
At 8:45 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary