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HomeMy Public PortalAbout20011010 - Minutes - Board of Directors (BOD) Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-22 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 10, 2001 MINUTES SPECIAL MEETING I. ROLL CALL Vice President Deane Little called the roll and called the Special Meeting to order at 5:36 p.m. Members Present: Mary Davey, Larry Hassett, Deane Little, and Ken Nitz i Members Absent: Nonette Hanko Pete Siemens Jed C i Yr i Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Stephanie Jensen i i H. CLOSED SESSION II D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 5:36 p.m. and the Closed Session commenced at 5:36 p.m. The Board concluded the Closed Session at 6:55 p.m. REGULAR MEETING III. D. Little called the Regular Meeting to order at 7:35 p.m. and noted that no reportable actions had taken place in Closed Session. Jed Cyr attended the Regular Meeting. Additional Staff Present: Michael Williams, Sally Thielfoldt, John Cahill IV. ORAL COMMUNICATIONS III Chuck Jeffery, 2784 Eulalie Drive, San Jose, speaking for his wife, Linda, addressed Item 2 on the Closed Session agenda. He objected to the action taken on the item and quoted from Government Code Section 54956.8 that addressed the requirement for a public meeting. He said evidently the matter was rolled over to negotiation. He said negotiation 330 Distel Circle • Los Altos, CA 94022-1404 * Phone:650-691-1200 Fax: 050-691-0485 * E-mail: mrosd@openspace.org •Web site:www.openspace.org : CJF Vim, y y,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. n � Brrzrc!of Directors:Pete Siemens,Mar C. Dave �y y �f�C.Nitz =General Manager:L.Craig Britton Meeting 01-22 Page 2 was not the issue and that no negotiations would be held until the trust was settled. He said there appeared to be conflict regarding holding of a closed session. S. Schectman stated that the Board did meet in open session prior to the closed session and make the public announcement required by law. During the open session, the Board Vice President announced that they would adjourn to closed session and listed the agenda items that would be discussed. Following the closed session and the convening of the j Board's regular meeting, he announced that no reportable action had been taken during the closed session. In addition, she said that the agenda had been posted pursuant to Brown Act requirements. She said the Board had instructed their negotiator during the closed session, but the property owners do not have to negotiate unless they desire to. She said she would talk with Mr. Jeffery if he desired concerning this issue. V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 5 to 0. VI. SPECIAL ORDER OF THE DAY S. Jensen announced that the Public Affairs Department was fully staffed for the first time in 16 months. She introduced Carl Oosterman, Community Programs Supervisor; and Renee Fitzsimons, Docent Programs Coordinator. VH. ADOPTION OF CONSENT CALENDAR K. Nitz removed the draft response to a letter from Mr. W. Melvin Brown, M.D., P.O. Box 5447, San Mateo, and Agenda Item 2, Authorization to Purchase and Install a Flagpole and United States Flag at Each District Office: the Administrative Office at Distel Circle the Skyline Ranger Office and the Foothills Ranger Office, Determine that � a y S � g� the Recommended Actions are Categorically Exempt from the California Environmental Ouality Act as Set Forth in this Report. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the Regular Meeting of August 22, 2001; Agenda Item 3, Approve the Appointment of Sally Thielfoldt as the District Clerk for Midpeninsula Regional Open Space District with all of the Duties and Responsibilities Associated with this Job, Including Those Enumerated in the Public Resources Code the Elections Code and the Government Code of the State of California; and Revised Claims 01-19. L. Hassett seconded the motion. The motion passed 5 to 0. VIII. WRITTEN COMMUNICATIONS Draft response to a letter from Mr. W. Melvin Brown, M.D., P.O. Box 5447, San Mateo, Meeting 01-22 Page 3 K. Nitz said he felt the letter did not address what Dr. Brown had talked to the Board ,I about. He was informed that Dr. Brown was not the person who had addressed the Board about the same issue. K. Nitz said he would like proof that there were other liability forms that were like the District's. S. Schectman said the letter could say what other agencies use them. C. Britton said he was concerned that the District's policy should not be driven by what other agencies do. L. Hassett said he also had concerns and thought that they were going to look at these issues. He said the language in the letter could be misinterpreted that it placed liability on volunteers for the District's actions. C. Britton said he had talked to S. Schectman and was convinced that the District is doing it right. He said they had talked about bringing the release to the attention of volunteers early in the recruitment process. He said he thought the Board needed more information if they want to consider changing the release. L. Hassett thought it would be wise to include in the letter information about the benefits, such as workers' compensation, that volunteers receive. K. Nitz wanted to list other agencies and include examples of their release forms, as well as the District's. S. Schectman said she had spent a great deal of time talking to the other gentleman and to Public Affairs concerning the volunteer release issue. She had explained that the District has many volunteers and docents who sign the release and that a few volunteers do not like signing it. She said they do not want to offend any volunteers, but it would be hard administratively to change the release for a few people. She said the District's insurers look at the District's risk management procedures and expect the District to be prudent in risk management. D. Little suggested finding out how much insurance rates would increase if the District did not have the waiver. By consensus, the Board agreed that staff would change the letter as directed and check with K. Nitz prior to sending it. IX. BOARD BUSINESS A. Agenda Item No. I -Determine that the Recommended Action is Exempt from CEQA Under Section 15269(c) of the Guidelines as Specific Actions Necessary to Prevent or Mitigate an Emergency, Determine that the Specific Actions Proposed are Necessary to Prevent or Mitigate an Emergency Situation and to Therefore Waive Formal Bidding for this Contract, and Authorize the General Manager to Execute a Contract with Ground Stability, Inc. for Construction Services in an Amount Not to Exceed $75,000 for Emergency Slope Stabilization at El Corte de Madera ace Open S Preserve, and Authorization for the General P P Manager to Execute a Contract with Cotton, Shires& Associates to Provide de n N Exceed 20 500 f r hni 1 Engineering Services in an Amount of to cee o Geotec ca g �; $ , i Meeting 01-22 Page 4 Emergency Slope Stabilization at El Corte de Madera Open Space Preserve— (Report R-0 I-117) D. Simmons presented the staff report and noted that the project could begin immediately upon Board approval. S. Schectman expressed appreciation for D. Simmons' work on the problem, noting that he had worked on it for a long time. Motion- J. Cyr moved that the Board determine that the recommended action is categorically exempt from CEQA under Section 15269(c) of the Guidelines as specific actions necessary to prevent or mitigate an emergency; determine that the specific actions proposed are necessary to prevent or mitigate an emergency situation and to therefore waive formal bidding for this contract; authorize the General Manager to execute a contract with Ground Stability, Inc. in an amount not to exceed $75,000 to provide construction services for emergency slope stabilization at El Corte de Madera Open Space Preserve; and authorize the General Manager to execute a contract with Cotton, Shires& Associates of Los Gatos in an amount not to exceed $20,500 to investigate geologic conditions, prepare geo-technical plans and specifications, and provide construction oversight services for emergency slope stabilization at El Corte de Madera Open Space Preserve. K. Nitz seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 2- Authorization to Purchase and Install a Flagpole and United States Flay,at Each District Office: the Administrative Office at Distel Circle, the Skyline Ranger Office, and the Foothills Ranger Office, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Forth in this Report—(Report 01-115). K. Nitz said he had removed the item from the Consent Calendar because he felt it was important that it be discussed in public. He asked if there were regulations about folding and storage of the flag. C. Britton said staff would follow all regulations regarding the flag. S. Schectman clarified that the regulations are a code of conduct and violations would not be a cause for criminal or civil prosecution. J. Cahill said the poles would be erected as soon as permits were received from Los Altos and the County. He thought they would be granted quickly. Motions: L. Hassett moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set forth in the staff report; and authorize the purchase and installation of a flagpole and a United Meeting 0 1-22 Page 5 States flag at each District office: the Administrative Office at Distel Circle, the Skyline Ranger Office, and the Foothills Ranger Office. K. Nitz seconded the motion. The motion passed 5 to 0. X. INFORMATIONAL REPORTS J. Cyr said he was looking forward to the Not-So-Annual Conference next week. L. Hassett: 1. He said he was looking forward to the hike he was leading this Sunday. 2. He said he would miss the next meeting as he would be at a convention. 3. He said he had a wonderful time at the Woodside Environmental Day. K. Nitz: 1. He agreed that the Woodside Environmental Day event was enjoyable. 2. He had attended the Smart Growth meeting for San Mateo County. There were 130 attendees and it was very interesting. M. Davey: 1. She thanked Mike Foster for providing the information regarding the District's investments. 2. She agreed that the Woodside Environmental Day was fun. She said the District's display was good and people were interested in it. She commented on the free food, vine, and good band. C. Britton: 1. He said the Deer Hollow Farm event was a nice celebration and talked about the four-way partnership, He noted that Directors Davey, Hassett, and Nitz also attended 2. The San Mateo County legislative breakfast will be on October 13. 3. He had met with Caroline Gale who is analyzing the District's website, and said she had a lot of good ideas. 4. He had introduced S. Thielfoldt to Mike Foster and Skip McIntyre. He had also talked with M. Foster about the guidelines that might be used in budget discussions. 5. He had visited Yosemite and it was spectacular and that if people had not visited it in awhile, they should do so. S. Jensen: 1. She reported that the Mt. Umunhum event had resulted in four cities working on a resolution of support. 2. The Friends of Mt. Umunhurn event scheduled for October 26 had been postponed. They thought that considering national events, it was not a good time for it. She said they would continue with education and follow up with the media. 3. She said the History House in Los Altos had opened its Heroes of Open Space exhibit and has arranged for a special showing for the District on November 1. 4. The Bear Creek Thanksgiving event that had been planned to recognize those who helped put the acquisition together has been canceled, and will be held in the spring. 5. She announced that the Spaces and Species program would get underway the next day. XI. ADJOURNMENT At 8:24 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary