HomeMy Public PortalAbout20011114 - Minutes - Board of Directors (BOD) Regional Open � ice
r
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-24
REGULAR MEETING
BOARD OF DIRECTORS
November 14,2001
MINUTES
I. ROLL CALL
President Pete Siemens called the meeting to order at 7:30 p.m.
Members Present: Jed Cyr, Mary Davey,Nonette Hanko, Larry Hassett, Deane Little,
Ken Nitz, and Pete Siemens.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, Doug Vu, Ana Ruiz, Stan Hooper,
Sumudu Welaratna, John Cahill, Sally Thielfoldt, John Maciel,
I Cathy Woodbury, Lisa Zadek, Anne Koletzke, John Escobar, and
David Sanguinetti.
H. ORAL COMMUNICATIONS—There were none.
ffi. ADOPTION OF AGENDA
C. Britton requested that Agenda Item 6 be moved to Agenda Item 2.
Motion: K. Nitz moved that the Board adopt the agenda as re-ordered. J. Cyr
seconded and the motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
J. Cyr and L. Hassett removed agenda item 7, Authorize the General Manager to
Execute a Purchase Contract with Peninsula Communications for Two Radio Repeaters
at a Cost of$10,867.99; Authorize the General Manager to Execute a Purchase Contract
with Motorola, Inc. for Two Radio Antennas, Cabinet, and Accessories at a Cost of
$4,115.80. K. Nitz removed draft response to a letter from Mr. W. Melvin Brown, M.D.,
P.O. Box 5447, San Mateo.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, in incl
uding
g
Agenda Item 8, Approve the Closure of the Administrative Office Durinsz
the Period of December 24, 2001 Throud January 1, 2002, in Observance
of the Year-End Holidays Administrative office staff and Area
Superintendents; and Revised Claims 01-21. K. Nitz seconded the motion.
The motion passed 7 to 0 (N. Hanko abstained on Claim 2746).
i
330 Distel Circle - Los Altos, CA 94022-1404 + Phone:650-691-1200
Fax:650-691-0485 * E-mail: mrosd@operispace.org * Web site:www.openspace.org
Bwrd of[Xie>ctors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko, Larry Hassett, Kenneth C. Nitz -General Manager:L.Craig Britton
Meeting 01-24 Page 2
V. WRITTEN COMMUNICATIONS
Draft response to a letter from Mr. W. Melvin Brown, M.D., P.O. Box 5447, San Mateo.
K. Nitz asked if the form had changed since receipt of Dr. Brown's letter.
S. Schectman said the form attached to the letter is not the District's standard form but is
a draft version of a form staff is considering. She will be meeting with S. Jensen and Carl
Oosterman to discuss how to make the form less legalistic. The other forms attached to
the letter are samples of what some agencies currently use.
N. Hanko stated that she was concerned that we not make the same mistakes that
discouraged Dr. Brown from volunteering. She asked what restrictions POST has. She
added that the District is a public agency and POST is a private, non-profit group. N.
Hanko asked that Board Members receive copies of the existing form and any new form
so they are fully informed.
C. Britton said he did not know that POST requires volunteers to sign anything. He noted
that prior to this time, the District had had no complaints until recently when they have
received two. He pointed out that the District provides workers' compensation for
volunteers, something he did not think they understand. That is one reason staff is
considerina a more use form.
S. Schectman said Dr. Brown was correct that other agencies may use a softer tone, but
they do require volunteers to release agencies from any claims. She said the principles of
risk management would be preserved. She said the letter's purpose is to show that asking
for a release of liability is not unusual. She expressed confidence that she and other staff
members can work together to come up with a release that is not scary, but would protect
the District. She added that staff would consider the Board's comments when reviewing
the District's release.
P. Siemens suggested moving the last sentence in the second paragraph to follow the
third sentence. K. Nitz asked if a copy of this letter could be sent to the other volunteer
who had expressed concerns.
Motion: K. Nitz moved that the Board approve the draft response to a letter from
Mr. W. Melvin Brown, M.D., P.O. Box 5447, San Mateo. D. Little
seconded the motion. The motion passed 7 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 —Authorization to Contract with the California Conservation
Corps for Resource Restoration Services at Pulgas Ridge Open Space Preserve-,
Determine that the Proposed Project is Categorically Exempt from the California
Environmental Quality Act (CEQA)Based on the Findings Contained in this
Report, Authorize the General Manager to Execute a Contract with the California
Meeting 0 1-24 Page 3
Conservation Corps. In an Amount Not to Exceed $27,000 to Provide Resource
Restoration Services at Pulgas Ridge Open Space Preserve—(Report R-01-122).
S. Hooper presented the staff report and showed slides of the project site. He said
500 notifications had been mailed, and they received 8 responses, four for and
four against. Staff did not physically mark the trees to be taken out, and trees to
be removed are 50 years old or less. He said there was no target date for
removing the trees on the north ridge. There is some concern regarding fire
danger from the trees near dwellings. He said staff has taken out acacia, but there
is still Spanish broom. The priority for this contract is to leave this site clean and
control erosion. He showed where manzanita and oak have grown in the area
where Eucalyptus were removed. He said they have not identified any oak fungus
in the project area but have in other preserves.
S. Hooper said staff found seedlings of many types that are taking seed in the
chipped stuff. Most of the chipped material has been baled and disposed of with
wood waste, and the rest has been broadcast and spread as much as possible. He
said it was important to keep it spread.
J. Cyr commented that the change of season might be a problem.
Sheldon Smith, 3331 Brittan Avenue, San Carlos, chair of the Brittan Heights
Homeowners Association, said Brittan Heights is composed of 32 buildings and
contains 433 units. He showed photos of Brittan Heights from the Hassler Trail.
Approximately one-half or more of the residents view Hassler Ridge. He said the
homeowner's association had contributed to the purchase of the preserve when
the District bought it, because the view west from the buildings is a significant
part of the property value of their homes. He said that is why the Homeowner's
are concerned. Because it is just a single line of Eucalyptus along Hassler Ridge,
there is no backing. He asked the District to retain the trees that stick up the
highest and urged them to take the younger ones and leave the older, higher trees
that fill gaps between the trees on the ridge.
Geri Kennedy, 263 Alameda de las Pulgas, Redwood City, said she was a
frequent hiker in the area. She said she appreciated the work the District does to
keep it a beautiful area. She questioned how it was decided who would receive a
notice of the meeting, stating that she did not receive one. She also asked whether
ten days was adequate notice. She was disappointed that the Board's clear
agreement not to cut more Eucalyptus for some time was not being honored.
Carolyn Chaney, 313 Lakeview Way, Redwood City, a District volunteer and
hiker, stated that in January, J. Isaacs recommended that they not take out more
Eucalyptus for three years. She asked the District to consider that Eucalyptus acts
like a nursery for other trees. She said the canyon has not recovered, and they had
been told that the District was waiting to see how it recovered before more
removal. She said the Eucalyptus on the ridge do not appear to be invasive. She
Meeting 01-24 Page 4
said sprouts are coming up in the area where trees were cut before, and they need
to clear that up and clear out the broom.
Judy Baker, 27544 Canyon Road, Los Altos Hills, agreed there is unfinished work
that needs to be done. She said it was understood there would be no further
cutting for several years. She said the preserve was for people and not just for the
District's purposes. She added that nine out of ten people she talked to found the
Eucalyptus desirable. She was disappointed that the 250 signatures they had
gathered and submitted to the District were not mentioned in the report regarding
public input. She said that if District cuts these trees, those people would know
their opinion was disregarded. She said Eucalyptus trees provide diversity of
nature, and many people consider Eucalyptus to be native species. She added
there could be things more important than native habitat, like birds, animals, and
kids. She said it was important to create good will and that compromise was not a
bad word. She urged the Board to listen to others.
Ms. Baker read a statement from Karl Weidel who asked if the Board had
considered what users of the preserve had stated in the petition. He said the
District should be spending time building and maintaining trails on the former
Benedetti property and taking care of the bicycle situation. He asked them to
listen to users and leave the Eucalyptus alone.
N. Hanko said she was glad to see Mr. Smith's pictures. She said the screening is
useful to hikers. She recalled the Board talking about the knoll where the District
would retain Eucalyptus. She said she was a lover of Eucalyptus and it would be
a loss to have them removed. She thought they should be considered native and
could not support any further removal. She said she knew staff's intentions were
good, but there would need to be erosion control and habitat would be affected.
L. Hassett commented that the agenda item before the Board tonight was to
contract with the CCC to facilitate removal of trees that was approved by the
Board in 2000.
K. Nitz said he remembered that the Board agreed not to cut down older trees in
the line near the water tank and on the knoll. He commented that no one
complained about the oleander that had been removed. Regarding broom, he said
he realized it grows back, but also knows that the District's efforts are working.
M. Davey said she would like to see what the previous minutes said.
J. Cyr agreed with K. Nitz.
J. Escobar read from the May 9, 2001 Minutes.
P. Siemens said he thought staff got the sense of the Board wanting to extend the
program over a longer period.
I_
Meeting 01-24 Page 5
M. Davey said she did not see that this was a broken promise.
P. Siemens said he had fond memories of Eucalyptus, and maybe one or two
might be left with the smaller trees taken out.
N. Hanko suggested that people go see what the effect would be on users of trail.
She said the District has tried to protect the views from trails. She asked that they
look at it at from the hikers' standpoint.
M. Davey said one of the District's important missions was to preserve native
habitat. She said if the District deviates from that, we are not doing our job as
elected officials.
N. Hanko commented that the District's brochures show people hiking, so they
must have people in mind.
Motion: M. Davey moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act (CEQA)based on the findings
contained in the staff report; and authorize the General Manager to
execute a contract with the California Conservation Corps in an
amount not to exceed $27,000 to provide resource restoration
services at Pulgas Ridge Open Space Preserve. K. Nitz seconded
the motion.
Discussion: D. Little said that it is not that the District does not respect others'
opinions, but their mission is very complex. He added that
opinions voiced by individual Board Members were not
necessarily those of the Board as a whole.
Amendment: N. Hanko moved to amend the motion to include that staff be
asked to look at large trees listed for removal with the idea of
screening to protect the hiking community. P. Siemens seconded
the motion.
Vote on Amendment:
The motion was defeated, 5 to 2, with Board Members P. Siemens
and N. Hanko voting yes and all other Board Members voting no.
Vote on Main Motion:
The motion passed 6 to I with Board Member N. Hanko voting no.
B. Agenda Item No. 6- Award of Contract for Roof Replacement of the "Red
Barn". Authorize the General Manager to Enter into a Contract with J. A. Font
Roofing, Palo Alto, CA for the Base Bid Amount of$32,450, Plus a Contingency
Amount of$7,000, for a Total Contract Amount Not to Exceed $39,450 for the
Meeting 0 1-24 Page 6
Roof Replacement of Approximately 3,825 Square Feet of the "Red Barn"
Located in La Honda Creek Open Space Preserve—(Report R-0 I-I
S. Welaratna introduced Paul Heady and Winifred Frick, Central Coast Bat
Research Group. They handed out their statement of qualifications and a list of
reading material. Mr. Heady talked about techniques they used, including
acoustic monitoring. He said they did an inventory of District structures, and the
red barn is the only one with Pallid bats. They gathered data from bats captured
with mist nets and banded them. He said they had to band to know if they are
affected and if they are returning. He thought they would come back. He said the
information gathered here could add to the bulk of science on Pallid bats.
Ms. Frick showed two live captive bats to Board and staff members.
N. Hanko asked if they were surveying the coastal area for places where bats live.
She said there are many barns in the area of the coastal annexation. The Half
Moon Bay Review did an article on the barns. She added that farmers and
ranchers need to have information so that bat habitat does not disappear.
Mr. Heady said he did not think that the new roofing material being cedar instead
of redwood would cause a problem. They were having a pre-construction
meeting with the contractors. He said that some plants depend on bats for
pollination.
D. Little said he was never concerned about the quality or credentials of the
consultants. His concerns were related to whether the sampling of animals has a
much greater impact on them than simply repairing the barn. He asked Mr.
Heady if it was his assumption that Pallid bats would not be significantly
traumatized. Mr. Heady said they are very tenacious and this species handles
banding and mist netting as well.
Ms. Frick said there is a low mortality rate from handling of bats. Mr. Heady said
they caught 51 bats in one and one-half hours.
Motion: K. Nitz moved that the Board authorize the General Manager to
enter into a contract with I A. Font Roofing, Palo Alto, CA for the
base bid amount of$32,450, plus a contingency amount of$7,000,
for a total contract amount not to exceed $39,450 for the roof
replacement of approximately 3,825 square feet of the"Red Barn"
located in La Honda Creek Open Space Preserve. M. Davey
seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 2-Tentative Adoption of an Amendment to the Use and
Management Plan for the Installation of the Betsy Crowder Memorial Bench and
Recommendations for Actions in Support of Interpretation at Windy Hill Open
Space Preserve, Determine that the Recommended Actions are Categorically
Exempt Under the California Environmental Quality Act (CEOA) as Set Out in
This Report, Tentatively Adopt the Use and Management Committee's
r
Meeting 01-24 Page 7
Recommendation to Amend the Use and Management Plan to Install a Memorial
Bench With a Plaque Honoring Former Director Betsy Crowder; Accept the Use
and Management Committee's Recommendations for Increasing Interpretive
Opportunities at Windy Hill Open Space Preserve and Direct Staff to Begs
Implementing these Recommendations—(Report R-01-133).
A. Ruiz presented the staff report, noting that the committee did not consider
having the signs point out fault characteristics.
N. Hanko suggested finding docents who know the area well.
Motion: D. Little moved that the Board determine that the recommend
actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report;
tentatively adopt the Use and Management Committee's
recommendation to amend the Use and Management Plan for
Windy Hill Open Space Preserve to install a memorial bench with
a plaque honoring former Director Betsy Crowder; and accept the
Use and Management Committee's recommendations for
increasing interpretive opportunities at Windy Hill Open Space
Preserve and direct staff to begin implementing these
recommendations. K. Nitz seconded the motion. The motion
passed 7 to 0.
D. Agenda Item No. 3—Tentative Adoption of an Amendment to the Use and
Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space
Preserve; Determine that the Proposed Project was Analyzed in the Santa Clara
County's Board of Supervisor's Approval of the Almaden Quicksilver County
Park Trails Master Plan and Mitigated Negative Declaration: Tentatively Adopt i
the Use and Management Committee's Recommendation to Amend the Use and
Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space
Preserve for the Development of Public Access Improvements at Mt. Umunhum
Road—(Report R-01-127).
D. Vu reported on staff's recommendations and presented a list of upcoming tasks
if this proposal was approved. C. Britton clarified that there would be further
Board approval before construction.
Discussion followed regarding parking for horse trailers and the county's policy
of charging for parking.
Barry Waite, General Partner, Hicks Creek Ranch, said he loved the project. He
talked about providing water for equestrians and suggested that the Ranch would
be willing to partner in providing an equestrian watering trough. He said there are
troughs in Quicksilver Park. D. Vu noted that there is a spring-fed horse trough at
the other end of the Sierra Azul Open Space Preserve.
Meeting 01-24 Page 8
J. Cyr said the idea is that construction would go forward by both parties(the
District and the County) simultaneously.
Motion: K. Nitz moved that the Board determine that the proposed project
was analyzed in the Santa Clara County Board of Supervisors
Approval of the Almaden Quicksilver County Park Trail Master
Plan and Mitigated Negative Declaration; and tentatively adopt the
Use and Management Committee's recommendation to amend the
Use and Management Plan for the Mt. Umunhum area of Sierra
Azul Open Space Preserve for the development of public access
improvements at Mt. Umunhum Road. M. Davey seconded the
motion. The motion passed 7 to 0.
E. Agenda Item No. 4- Determine that the Recommended Action is Exempt From
the California Environmental Quality Act (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 Contracts with T.K.O.
General En ing eering; and Construction Inc. and Such Other Contractors as May
be Necessary., in an Amount Not to Exceed $45,000 for Emergency Slope
Stabilization at El Corte de Madera Open Space Preserve—(Report R-01-126)
J. Cahill presented the staff report and noted that the previous contract was for
$67,000.
I
Motion: K. Nitz moved that the Board 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 or contracts with T.K.O.
General Engineering and Construction, Inc., and such other
contractors as may be necessary, in an amount not to exceed
$45,000 for Emergency Slope Stabilization at El Corte de Madera
Open Space Preserve. M. Davey seconded the motion. The motion
passed 7 to 0.
F. Agenda Item No. 5- Award of Contract for the Paving and]Repair to the
Driveway at Thornewood Open Space Preserve,• Authorize the General Manager
to Enter into a Contract with Bay Area Asphalt& Cement Works of San Jose. CA
for an Amount Not to Exceed $36,673 (Base Bid of$31,673 Plus a $5.000
Contingency), for Paving and Repairs to the Driveway at Thornewood Open
Space Preserve - (Report R-01-132)
Meeting 01-24 Page 9
J. Cahill talked about how often a contingency had been used. C. Britton clarified
that in the past, staff has not put contingency funds in the request, and that
normally an overrun would have to come back to the Board.
S. Schectman said adding the contingency streamlines the project.
Motion: K. Nitz moved that the Board authorize the General Manager to
enter into a contract with Bay Area Asphalt& Cement Works of
San Jose, CA for an amount not to exceed $36,673 (base bid of
$31,673 plus a $5,000 contingency), for paving and repairs to the
driveway at Thornewood Open Space Preserve. M. Davey
seconded the motion.
Discussion: J. Cahill said that disposal of asphalt is part of the contract.
J. Cyr said he appreciated that the contingency and unit cost is
much more effective. He said a 15 percent contingency is quite
common in the construction trade.
S. Schectman said this had been a contentious process, but staff
had received letters from Mr. Richard's attorney complimenting J.
Cahill.
i
Vote: The motion passed 7 to 0.
G. Agenda Item No. 7- Authorize the General Manager to Execute a Purchase
Contract with Peninsula Communications for Two Radio Repeaters at a Cost of
. 10,867 99, Authorize the General Manager to Execute a Purchase Contract with
Motorola Inc. for Two Radio Antennas Cabinet and Accessories at a Cost of
$4,115.80— (Report R-01-128).
J. Maciel discussed the reasons for using two companies.
Motion: K. Nitz moved that the Board authorize the General Manager to
execute a purchase contract with Peninsula Communications for
two radio repeaters at a cost of$10,867.99; and authorize the
General Manager to execute a purchase contract with Motorola
Inc. for two radio antennas, cabinet, and accessories at a cost of
$4,115.80. L. Hassett seconded the motion. The motion passed 7
to 0.
VII. INFORMATIONAL REPORTS
M. Davey discussed the public hearing held by the County Parks and Recreation
Department on the trail system through Stanford land. She said there is a great division
of opinion. She talked about the different proposals, and said she would be reading the
District's resolution at the upcoming meeting.
Meeting 01-24 Page 10
K. Nitz: 1. He asked if Proposition D passed, and C. Britton replied that it had. 2. He
talked with William McDonough 3. He said they should get a copy of the San Mateo
Crops Board Report if it is not too long..
N. Hanko: 1. Regarding Stanford trails, she had called Greg Betts who has taken the
county people out to look at the trail along Page Mill. She hoped to see Palo Alto take a
position on this. She said she would probably meet with Jean McCowan. 2. The Ad
Hoc Coastal Committee met in Half Moon Bay, and staff made a wonderful presentation.
P. Siemens went to the same meeting and said this was a very supportive group.
L. Hassett: He talked about the Board Member hike and said Katherine Green was the
docent.
J. Cyr: 1. He said he could not attend the Open Space Heroes event and would like to
hear about it . 2. He asked if staff had information on the Open Space Authority parcel
tax. C. Britton said he did not think it had occurred yet and he would follow up.
C. Britton: 1. He was pleased to see the spectrum of items on this agenda. 2. M.
Williams and he met with Mr. and Mrs. Jeffrey and he thought it was a good meeting. 3.
He said the Half Moon Bay presentation highlight was D. Sanguinetti answering
questions regarding fire safety. 4. He made a presentation this morning to the POST
Board on annexation. He said it went well and they were very supportive. 5. He talked
about two meetings on the Moffett Field cleanup issue, and said he thought it would be a
difficult process.
S. Schectman: 1. She talked about the new retirement benefit legislation. 2. She said in
preparation for the release of the EIR for the coastal annexation, staff will be bringing
streamlined CEQA guidelines before the Board at their next meeting. 3. She reported on
the status of the Swenson and DeNevi litigation concerning Bear Creek Redwoods Open
Space Preserve.
Staff answered questions regarding Claim 2751.
VIH. ADJOURNMENT
At 10:56 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary