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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
December 12, 2001
MINUTES
SPECIAL MEETING
i
I. ROLL CALL
President Pete Siemens called the meeting to order at 6:33 p.m.
Members Present: Jed Cyr, Mary Davey,Nonette Hanko (arrived at 6:35
p.m.), Larry Hassett, Deane Little, Ken Nitz, and Pete
Siemens
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, and Cathy Woodbury
H. CLOSED SESSION
P. Siemens stated that the Board would adjourn to Closed Session to discuss
Closed Session Agenda Items I and 2.
The Board recessed to Closed Session at 6:33 p.m. and the Closed Session
commenced at 6:33 p.m. The Board concluded the Closed Session at 7:30 p.m.
MEETING REGULAR M G
M. P. Siemens called the Regular Meeting to order at 7:35 p.m. and noted that no
reportable actions had taken place in Closed Session.
Additional Staff Present: Sandy Sommer, Doug Vu, Del Woods, John
Escobar, Sally Thielfoldt, Michael Williams, and Stephanie Jensen.
IV. ORAL COMMUNICATIONS—There were none.
V. ADOPTION OF AGENDA
330 Distel Circle . Los Altos, CA 94022-1404 » Phone: 650-69'1-1200
Fax: 050-691-0485 • E-mail:mrosd cz openspace.org - Web site:wwwr.openspace.org CJF�""faT
Hoard of C7ir"e,tors:Pete Siemens,Mar C. Dave 1ec1 Cyr, Deane Little, Nanette Hanker, Lanr Hassell, Kenneth C. Nitz General Manager: g
' Y Y, Y Y lana er:L.Craig Britton
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Meeting 01-26 Page 2
Motion: J. Cyr moved that the Board adopt the agenda. M. Davey
seconded and the motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
K. Nitz referred to Claim 2897 and requested a report on the total number of pigs
removed. J. Escobar informed him that the matter would be an agenda item in
January.
L. Hassett removed Agenda Item 7, Authorize Staff to Solicit Bids for the
Removal of One Minor Structure and Various Debris at Sierra Azul Open Space
Preserve and Restore the Area to a Natural Condition(Former Calvillo Prop
and Agenda Item 8, Authorize Staff to Solicit Bids for the Demolition and
Removal of Small Accessory Structures at Sierra Azul Open Space Preserve and
Restore the Area to a Natural Condition(Former Bartels Property).. K. Nitz
removed Agenda Item 6, Adopt the Attached Resolution of the Board o
Directors of the Midpeninsula Regional Open Space District Appointing Anthony
Correia and Elisa Wickham as Peace Officers; Agenda Item 7, Authorize Staffto
Solicit Bids for the Removal of One Minor Structure and Various Debris at Sierra
Azul Open Space Preserve and Restore the Area to a Natural Condition(Former
Calvillo Property); and Agenda Item 9, Adopt an Amendment to 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.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
minutes of the Special and Regular Meetings of October 24, 2001;
Agenda Item 10, Final Adoption of an Amendment to the Use and
Management Plan for Windy Hill Open Space Preserve to Install a
Memorial Bench with a Plaque Honoring Former Director Betsy
Crowder Agenda Item 11, Cancellation of the December 26,
2001 Regular Meeting of the Board of Directors and Rescheduling
of the Regular Meetings of the Board of Directors in January 2002:
Cancel the December 26, 2001 Regular Meeting of the Board of
Directors, Reschedule the Regular Meetings of the Board of
Directors from January 9 and January 23, 2002 to January 16 an
January 30, 2002, Respectively, Agenda Item 12,Notice o
Contract Completion for the Improvements to the Administrative
Office Building at 330 Distel Circle, Los Altos, CA, Authorize the
President of the Board, or Other Appropriate Officer, to Execute
the Attached Notice of Completion and Acceptance of Work for
the Office Improvement Project; and Revised Claims 01-23. K.
Nitz seconded the motion. The motion passed 7 to 0(N. Hanko
abstained on Claim 2916).
Meeting 0 1-26 Page 3
VH. BOARD BUSINESS
A. Agenda Item No. I —Authorize the General Manager to Execute a
Contract with Jakaby Engineering of San Jose, CA in an Amount Not to
Exceed $97,000 to Provide Topographic Surveys and Design Studies, and
Prepare Plans, Details. Specifications. and Cost Estimates for the Federal
Emergency Management Agency (EEMA)-Funded Virginia Mill Trail
Repair and Reconstruction at El Corte de Madera Creek Open Space
Preserve - (Report R-0 I-19).
S. Sommer presented the staff report and said that Tom Jakaby, project
engineer, was present.
C. Britton informed the Board that professional services proposals were
weighed differently than construction bids.
S. Sommer said there had been a wide range in the proposals submitted.
She said the consultant had not done the work yet and needed a team to
help them get there. She added that one of the work products the
consultant will provide will be a better handle on construction costs. She
explained why staff chose the consultant they had and not one of the
others who submitted proposals. She said staff would ask FEMA for the
full amount of the consultant costs.
S. Sommer said staff is looking at a two-year window for completion,
following OES approval.
Motion: M. Davey moved that the Board authorize the General
Manager to execute a contract with Jakaby Engineering of
San Jose in an amount not to exceed $97,000 to conduct
topographic surveys and design studies, and prepare plans,
details, specifications, and cost estimates for the FEMA-
funded Virginia Mill Trail Repairs and Reconstruction at El
Corte de Madera Creek Open Space Preserve. L. Hassett
seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2- Authorize the General Manager to Execute a
Contract with Jakaby Engineering of San Jose, CA to Provide Design an
Engineering Services in an Amount Not to Exceed $31,835,45 for
Implementation of Phase 11 Projects of the Trail Use Plan for El Corte de
Madera Creek Open Space Preserve—(Report R-0 1-13 8).
D. Vu presented the staff report. Regarding damage to the tafoni, he said
that for the most part the formation is intact. He said staff would try to
address the issue by developing a trail and an area where people can view
Meeting 01-26 Page 4
the formation. In addition, staff will be discussing options to keep people
from climbing on them.
C. Britton said that San Mateo County came up with a plan before the land
was acquired by the District, and that was to put a chain link fence around
it. Staff is trying to come up with alternatives to that.
D. Vu said staff realized that the measures they are considering would
hopefully take care of the issue, but staff is considering implementing
further measures in the future, if necessary. He said the Sign Committee
is looking at interpretive signing.
Motion: M. Davey moved that the Board authorize the General
Manager to execute a contract with Jakaby Engineering in
an amount not to exceed $31,835.45 to prepare plans and
specifications for projects identified in Phase II of the Trail
Use Plan for El Corte de Madera Creek Open Space
Preserve. K. Nitz seconded the motion. The motion passed
7 to 0.
C. Agenda Item No. 3—Dedication Status of District Lands: Adopt the
Attached Resolution Dedicating Interests in Certain District Lands for
Public Open Space Purposes—(Report R-01-145).
D. Woods presented the annual dedication report, including a summary
table. He said they are not recommending too many properties for
dedication at this time, and told why. He said the Bear Creek Redwoods,
the Krone Bishop property, and the large holdings at Sierra Azul are being
held back, probably until next year. He described the three parcels to be
dedicated this year and showed their locations on a map.
Motion: N. Hanko stated that she enjoyed making the motion on this
item each year because it is the end of acquisition processes
that have taken a long time, and moved that the Board
adopt Resolution No. 01-30, Resolution of the Board of
Directors of the Midpeninsula Regional Open Space
District Dedicating Interests in Certain District Lands for
Public Open Space Purposes. M. Davey seconded the
motion.
Discussion: D. Woods provided background regarding the Schwabacher
and McCone acquisitions as to why they took such a long
time to dedicate. He noted that it is looking favorable for a
couple of other acquisitions in the area. He showed where
Briggs Creek is located.
Meeting 01-26 Page 5
D. Woods informed the Board that they dedicated 1,667
acres last year. C. Britton added that most of the
undedicated land is in Sierra Azul. He said there are
hundreds of parcels, but there are still pieces missing. The
Board could dedicate smaller parcels, but they might need
to do a land swap during a future acquisition. He said
within a year or two the District will be dedicating several
thousand acres.
C. Britton explained that once the Board dedicates land,
they can either only exchange land of forty acres or less for
land of equal value in the same preserve, by a concurrent
resolution of the legislature, or a vote of the electorate.
Vote: The motion passed 7 to 0.
D. Agenda Item No. 4- Approval of Proposed Financing Amendment to
Purchase Agreement-Bargain Sale for Acquisition of the McKannay
Property Addition to the Mt. Umunhum of Sierra Azul Open Space
Preserve;Adopt the Attached Resolution Approving a Financing
Amendment to Purchase Agreement-Bargain Sale for the McKannay
Property Addition—(Report R-01-146).
M. Williams presented the staff report and explained what the financing
amendment does. He said the District would be earning $30,000 over the
next ten years. He said the interest is tax-free.
C. Britton explained the term"bargain sale," noting that it is an IRS term
for sale for less than fair market value. It is the difference between fair
market value and what the District is purchasing it for. It is determined by
an appraiser and may be subject to close scrutiny.
M. Williams said payment will be done by staff on a quarterly basis per
the schedule.
Motion: K. Nitz moved that the Board adopt Resolution No. 01-31,
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Financing Amendment to Purchase Agreement—Bargain
Sale, and Authorizing General Manager to Execute Any
and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Sierra Azul Open Space
Preserve—Lands of McKannay). M. Davey seconded the
motion. The motion passed 7 to 0.
Meeting 01-26 Page 6
E. Agenda Item No. 5- -Approve Amendments to the 2001-2002 Fiscal
Year Budget. Accept the District Controller's Mid-Year Financial Roort.
Approve the Attached Resolution Approving an Amendment to the 2001-
2002 Fiscal Year Budget—(Report R-01-144).
K. Nitz talked about the Budget Committee's recommendations.
S. Thielfoldt explained the adjustments shown in Exhibit A.
K. Nitz continued the report, noting that the Committee is still discussing
the 6 percent growth guidelines.
Motion: J. Cyr moved that the Board accept the District Controller's
Mid-Year Financial Report; and approve Resolution No.
01-32, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Adopting
Amendments to the Budget for Fiscal Year 2001-2002. N.
Hanko seconded the motion. The motion passed 7 to 0.
F. Agenda Item No. 6- Adopt the Attached Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Appointing
Anthony Correia and Elisa Wickham as Peace Officers—(Report R-01-
140).
K. Nitz thought it would be nice if the report contained pictures of new
officers, perhaps by use of digital cameras. N. Hanko agreed. C. Britton
said staff is normally introduced to the Board the meeting. J. Escobar
noted that they are going through extended peace officer training at this
time.
Motion: K. Nitz moved that the Board adopt Resolution No. 0 1-3 3,
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Appointing Peace Officer;
and Resolution No. 0 1-3 4, Resolution of the Board of
Directors of the Midpeninsula Regional Open Space
District Appointing Peace Officer. N. Hanko seconded the
motion. The motion passed 7 to 0.
G. Agenda Item No. 7 - Authorize Staff to Solicit Bids for the Removal of
One Minor Structure and Various Debris at Sierra Azul Open Space
Preserve and Restore the Area to a Natural Condition(Former Calvillo
Property)—(Report R-0 I-143).
Meeting in 01-26
Page 7
regarding items 7 and 8 that staff is
L. H sett expressed concernsear
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soliciting bidders for demolition and will also come back and ask for
approval of improvement of access roads. C. Woodbury said staff will
likely need to improve the roads to get equipment in and get material out,
but they will be minimal improvements. C. Britton said improvement
would consist of cleaning up existing roads to make sure they are
passable.
C. Woodbury said staff looks at resources at the time of acquisition.
K. Nitz commented that it would be nice to have maps with the reports.
Regarding underground storage tanks, C. Woodbury said staff has looked
at hazards and potential hazards at the time of acquisition.
Motion: M. Davey moved that the Board authorize staff to solicit
bids for the demolition of one minor structure and the
removal of associated debris at Sierra Azul Open Space
Preserve, and restore the area to a natural condition. L.
Hassett seconded the motion. The motion passed 7 to 0.
H. Agenda Item No. 8- Authorize Staff to Solicit Bids for the Demolition
and Removal of Small Accessory Structures at Sierra Azul Open Space
Preserve and Restore the Area to a Natural Condition(Former Bartels
Property)—ert e ort R-01-142 .
P � P )
Motion: J. Cyr moved that the Board authorize staff to solicit bids
for the demolition of one minor structure and the removal
of associated debris at Sierra Azul Open Space Preserve,
and restore the area to a natural condition. N. Hanko
seconded the motion. The motion passed 7 to 0.
1. Agenda Item No. 9 - Adopt an Amendment to the Use and Mana eg, ment
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-01-137).
D. Vu explained that this amendment applies to Jacques Ridge. K. Nitz
requested that such information be included in the staff report in the
future.
Regarding the possibility of having extra fill for extra parking places, D.
Vu said staff was able to accommodate three additional parking places for
a total of 14.
Meeting 0 1-26 Page 8
Motion: K. Nitz moved that the Board adopt an amendment to 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. Umunhurn Road. M.
Davey seconded the motion.
Discussion: D. Vu explained to a member of the public that the
additional spaces are in the area approved and told where
the spaces are located on the property.
Vote: The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
M. Davey: 1. She complimented staff regarding announcing their name and
position before giving staff reports and for not going over the reports in detail. 2.
The Stanford trail plan went to the Board of Supervisors who have postponed
their decision until January 29. She complimented staff for helping inform the
Board of Supervisors and the public regarding the necessity for more public trails.
L. Hassett extended an invitation to the South Skyline Christmas Party Sunday at
his home.
C. Britton: I. The Santa Clara County Open Space Authority vote will be
announced tomorrow night. 2. Patty Ciesla was appointed as a Santa Clara
County Parks Commissioner by Liz Kniss. 3. He had an invitation to Liz Kniss'
open house on December 20 that he would be attending. 4. He had included in
the FYI's an agenda from an open space advisory committee panel he served on
for Solano County. 5. He said there was information in the FYI's regarding
Proposition 40. He asked that if Board members made a contribution, they let
him know the amount. 6. He showed the Board an article from the San
Francisco Chronicle regarding the red barn. 7. Regarding Stanford trails, he met
with several supervisors. One of the things they were trying for was to get
through the livestock undercrossing at Highway 280. 8. He reported on AB 953
(40-acre exchange, expenditure authority) that will be heard on January 9 in
Sacramento.
S. Thielfoldt asked Board Members to look at their calendars so they can
coordinate some upcoming meetings.
C. Woodbury: 1. John Cahill had informed her that the Thornewood paving
project is completed. 2. The slope stabilization on Skyline will be completed by
the end of the week, weather permitting.
S. Jensen: 1. She asked Board Members to sign the volunteer scrapbook that had
been put together by a volunteer. The scrapbook is dedicated to B. Crowder. 2.
Meeting 01-26 Page 9
She had an invitation from Anna Eshoo for December 16. 3. She extended an
invitation to the docent potluck on January 15.
S. Sommer showed the new edition of Jean Rushmore's South Bay Trails book
which was dedicated to B. Crowder.
IX. ADJOURNMENT
At 8:50 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary