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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 02-05
SPECIAL AND REGULAR.MEETINGS
BOARD OF DIRECTORS
March 13,2002
MINUTES
SPECIAL MEETING
L ROLL CALL
President Deane Little called the meeting to order at 7:02 p.m.
Members Present: Jed Cyr, Mary Davey,Nonette Hanko,Larry Hassett,Ken Nitz,
Pete Siemens, and Deane Little
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, John Escobar, Duncan Simmons
IL CLOSED SESSION
D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda Item 1.
The Board recessed to Closed Session at 7:03 p.m. and the Closed Session commenced at
7:03 p.m. The Board concluded the Closed Session at 7:31 p.m.
REGULAR MEETING
M. D. Little called the Regular Meeting to order at 7:33 p.m. and reported that there were no
reportable actions taken during Closed Session.
Additional Staff Present: Ana Ruiz, Mike Foster, John Maciel, Cathy Woodbury,
Sally Thielfoldt, Del Woods, Thomas Fischer
IV. ORAL COMMUNICATIONS
Chuck Jeffery, 2784 Eulalie Drive, San Jose, inquired about a purchase agreement with
David M. Stanton for APN 575-07-001. He asked if a purchase agreement of any type
was presented to Stanton regarding this parcel, when the purchase agreement was
presented to him, what the purchase price in the agreement was, did the Board approve of
3:30 Distel Circle • Los Altos,CA 94022-1404 * Phone: 650-691-1200
Fax:650-691-04£15 - E-mail:mrosd@operispace.org . Web site:www.or,>enspace.org CJ.
Board of Directors:Pete.Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko, Larry Hassett, Kenneth C.Nitz - General Manager:L.Craig Britton
Meeting 02-05 Page 2
the price in the agreement, what is considered an option by the District, does the offering
of a purchase price constitute an option, and was escrow account 50170120 still open and
pending. He also asked what official document was filed with the Santa Clara County
Recorder's Office to divide the one parcel into two parcels as depicted in Exhibits A eco and
P P P
B of the purchase agreement. If no document was filed, how was the dividing line
decided upon? In addition, he asked if any provisions were made in this agreement for
the other co-trustee, Linda Jeffery.
S. Schectman suggested staff talk to him and he could return to the Board if not satisfied
with staff response. She said he could expect an answer in a week or two. C. Britton
informed Mr. Jeffery that the District did not have a signed purchase agreement with Mr.
Stanton. Mr. Jeffery asked for a complete copy of the document. He said he had
addressed the Board in October and this was in place at that time. He said he was not
given any answers. He was concerned that the general public gets caught up in
acquisitions by the District. He said if the Board was unaware of this, something is
drastically wrong with the process.
C. Britton told the Board that staff had met with Mr. and Mrs. Jeffery and had asked the
appraiser to write a letter clarifying some of the information.
Patty Ciesla, 11990 Page Mill Road, Los Altos Hills, 94022, informed the Board that she
had been appointed to the Santa Clara County Parks and Recreation Commission. They
had appointed a subcommittee to address some of the issues in the county-wide trails
master plan.
V. ADOPTION OF AGENDA
Motion: P. Siemens moved that the Board adopt the agenda. J. Cyr seconded and
the motion passed 7 to 0.
J. Maciel introduced Cindy Roessler, the newly hired Resource Management Specialist.
She talked about her experience and previous work and said she hoped to bring the five
year strategic plan to the Board next month. L. Hassett commented on her association
with the District. He had mentioned her name to the Skyline people, and they knew of
her and were very excited.
VI. ADOPTION OF CONSENT CALENDAR
J. Cyr removed the draft response to a letter from Mr. Lloyd Maruyama,
maruyamQattbi.com; and Agenda Item 6,Authorize the General Manager to Purchase
Eight Trailhead Signboards From General Graphics Exhibits of San Francisco In An
Amount Not to Exceed $30.000 for Fiscal Year 2002-2003.
Staff answered questions about Claim#3317 (carpet for ranger residence), #3329
(printing of spring newsletter), and #3372 (mailing of spring newsletter).
Meeting 02-05 Page 3
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
Agenda Item 7, Approval of Notice of Completion of Contract for Roo
Repairs to the Administrative Office Building: Authorize the President of
the Boar or Other Appropriate Officer.to Execute the Notice o
Completion and Acceptance of Work for the Roof JRepair of
Approximately 5.500 Square Feet
of the District's Administrative Office
Building at 330 Distel Circle in Los Altos; and Revised Claims 02-05. P.
Siemens seconded the motion. The motion passed 7 to 0.
VII.WRITTEN CON"VIUNICATIONS
Draft response to a letter from Mr. Lloyd Maruyama, maruyam@attbi.com.
C. Britton explained why this was being addressed three months later.
P. Siemens suggested adding the word"designated", so that the first sentence in the
second paragraph would read, "At this time, the District has no plans to close any
designated trails . .
Motion: P. Siemens moved that the Board approve the draft response to a letter
from Mr. Lloyd Maruyama, maruyam@attbi.corn, as amended. J. Cyr
seconded the motion. The motion passed 7 to 0.
VIM BOARD BUSINESS
A. Agenda Item No. 1 —Initial Presentation of the District Budget for Fiscal Year
2002-2003: The Proposed District Budget for the 2002-2003 Fiscal Year and the
Report and Recommendations of the Administration and Budget Committee Will
be Presented at the Board's March 27 Meeting for Final Consideration and
Adoption- (Report R-02-3 7).
C. Britton provided an overview of the budget and talked about the process. The
final budget will be presented at the March 27 meeting. All increases in staff
were in the Public Affairs Department.
Planning- C. Woodbury
Regarding the La Honda ranch house, she said staff is finishing a schematic. The
tenants are still living in the house and making some improvements. Planning
does not anticipate having it in the capital improvement program for next year,
but probably the following year. She said staff would have more information in
two weeks about the cost.
P. Siemens commented that he did not want Planning to cut back on facilities
such as the shop. C. Britton said staff uses the average as a guideline.
Meeting 02-05 Page 4
L. Hassett asked if staff planned to address the lower half of Thornewood,
specifically Dennis Martin Road. C. Britton said staff has not had a neighborhood
meeting yet, and will soon, but might not be able to finish ironing out the title
problems this year. L. Hassett said he thought the residents want it expedited. He
said the District has not lived up to the timetable and people are concerned.
C. Woodbury said that given all the uncertainties related to construction projects,
this year's budget reflects 75%of the estimated project cost for the year.
Regarding consultant contracts for obtaining permits, C. Woodbury said it takes a
good deal of time. In order to expedite matters, staff would like consultants to do
that work.
President D. Little moved the agenda to Item No. 2.
B. Agenda Item No. 2- Controller's Report on the Proposed Fiscal Year 2002-2003
Budget—Moort R-02-39).
M. Foster presented the report. He said the District is budgeting $25 million for
land, but up to $40 million is available in District reserves for land acquisition.
He said that overall, the picture looks very good.
President D. Little returned the agenda to Item No. 1.
A. Agenda Item No. 1 —Initial Presentation of the District Budget for Fiscal Year
2002-2003: The Proposed District Budget for the 2002-2003 Fiscal Year and the
Report and Recommendations of the Administration and Budget Committee Will
be Presented at the Board's March 27 Meeting for Final Consideration and
Adoption-(Report R-02-37)
Open Space Acquisition -M. Williams
Operations -I Maciel
He reported that staff is not proposing any purchases of fire pumpers in this
budget. Staff will evaluate the pumpers in use this year. I Escobar added that the
retrofits made the old pumpers more reliable.
I Maciel noted that he had shared with Cindy what he did and why in regard to
the budget. He thought she was comfortable with where staff is at and knows
what the vision is.
L. Hassett said he was generally supportive of resource management and would
like to see it go beyond some of the pilot programs. Regarding the $13,000 for
restoration of the tree farm, I Maciel said this is not a detailed plan. Staff will be
removing the lower property portion of the tree farm. The goal is to get all the
trees out and start the restoration.
Meeting 02-05 Page 5
Discussion followed regarding the all-terrain motorcycles. J. Maciel talked about
the current equipment and what it is used for. J. Escobar explained that the all-
terrain motorcycles are very quiet. J. Maciel said quads are being used at Bear
Creek and El Corte de Madera Creek Open Space Preserves for maintenance.
J. Maciel reported that the District is paying $250-$500 per month per site for
radio repeater tower rentals.
Public Affairs - J. Escobar
C. Britton explained why the District book is out of the guideline. J. Escobar said
staff is very capable of doing the publicity for the book. S. Schectman explained
that the contract requires that the author do some of the publicity. C. Britton said
staff is very aware that it is a big project.
C. Britton said they would have to re-examine whether the increase of the
community program person from 120 to 240 hours is permanent.
Administration- S. Thielfoldt
C. Britton added regarding the 40%increase in liability insurance that staff thinks
this year they will recommend switching to ajoint powers authority. He said staff
would invite Skip McIntyre to the next meeting. Inflation numbers will be
available at the next meeting.
S. Schectman added that she would be working with S. Thielfoldt and C. Britton
to prepare the report on the joint powers authority. She talked about the JPIA and
said things looked favorable.
L. Hassett complimented the committee and staff and talked about his philosophy
of where the budget is going. He said he appreciated the six percent budget
figures, but staff needs to consider the maturity of the District and look at
increases in resource management and operations and not get so locked in to the
six percent number.
P. Siemens commented regarding the guidelines and said the Administration and
Budget Committee is discussing them.
C. Agenda Item No. 3—Authorize the General Manner to Execute Contracts with
Gilpin Geosciences of Mill Valley to Provide Consulting Services for Three
Projects: The Federal Emergency Management&ency ffMA)-Funded
Grabtown Gulch Trail Repair and Reconstruction at Purisima Creek Redwood
Open Space Preserve in in Amount Not to Exc
eed $62.500;The Methuselah Trail
Bridge at El Corte de Madera Creek Open Space Preserve in an Amount Not t
Exceed $53.000: and Peer Review Services Related to the El-Kare
Meeting 02-05 Page 6
Encroachment Near Foothills Open Space Preserve in an Amount Not to Exceed
$3,000 - (Report R-02-40).
A. Ruiz presented the report.
I Cyr said he appreciated the efficiency of this approach but would like to make
sure staff does not shift away from seeking the lowest responsible bidder in other
circumstances. A. Ruiz explained why staff used the method. S. Schectman
added that low bid does not apply to professional services. Cost is one of the
factors considered along with qualifications for the particular work. C. Woodbury
said that it is based on qualifications which is the standard most agencies follow.
Staff will go to bid for construction.
A. Ruiz said that both bridges will be trail bridges.
Motion: P. Siemens moved that the Board authorize the General Manager
to execute contracts with Gilpin Geosciences of Mill Valley as
follows: (a) To prepare topographic surveys; conduct design
studies; prepare plans, details, specifications, and cost estimates;
and obtain permits for the FEMA-funded Grabtown Gulch Trail
repair and reconstruction project at Purisima Creek Redwoods
Open Space Preserve in an amount not to exceed $62,500. (b) To
conduct design studies; prepare plans, details, specifications, and
cost estimates; and obtain permits for the Methuselah Trail Bridge
project at El Corte de Madera Creek Open Space Preserve in an
amount not to exceed $53,000. (c) To provide peer review of
repairs associated with the El-Kareh encroachment near Foothills
Open Space Preserve in an amount not to exceed $3,000. N.
Hanko seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 4-Authorize the General Manager to Execute a Contract with
Fraer&Laureta. Inc.. of San Mateo in An Amount Not to Exceed $47,132.75 to
Conduct Design Studies and Biological Surveys:Prepare Plans, Details.
Specifications. and Cost Estimates: Obtain Permits for Implementation of the
Lower Spring Ridge Trail Re-Route and Sausal Pond Observation Area. and
Conduct an Engineering Feasibility Study for a Potential Alternate Ridge Trail
Alignment at Windy Hill Open Space Preserve—(Report R-02-41).
A. Ruiz showed the project area on a map.
N. Hanko said when the committee looked at the"area of concern", their concern
was that it was not feasible to put a trail in there. She recommended talking to the
Audubon Society. I Escobar said staff did not feel comfortable saying for sure
that it is not feasible
C. Britton commented that this is
actually a minor part f the contract. The possibility of going to the other side of
Meeting 02-05 Page 7
Skyline is a ten-year project. The District has a grant of$25,000 to construct a
trail if it is feasible. The Board still has not made a decision on this. Staff is
hoping they can solve this problem.
K. Nitz asked why staff could not use the Lost Trail. A. Ruiz said staff wants to
be able to offer all options. I Escobar said the area of concern is 100 yards long
at most. He did not think a bridge was the solution. I Escobar clarified that what
paralleled Skyline was a dirt road built so farmers could move livestock and not
have them on Skyline. Drainage structures are in place.
Henry Pastorelli, 1207 Lisa Court, Los Altos,President of ROW,thanked the
Board for continuing to maintain their commitment to multiple use on the Ridge
Trails. He said he had a major safety concern with bicyclists crossing over
Skyline Blvd. His major concern with the process is that it sounds like the Lost
Trail had been eliminated from consideration. He asked if this is a policy
decision that any future trail openings will not intersect with hiking-only trails.
He said he and his wife hiked the Lost Trail last year. He said with$25,000 of
funding, any potential environmental impacts could be fixed. If the District does
go to opening another road that existed in the past, he perceived more
environmental damage by opening that parallel trail. He proposed looking at
opening the Lost Trail to multiple use first. C. Britton said staff would bring back
the history of the area when it comes back to the Board.
Patty Ciesla, 11990 Page Mill Road, Los Altos Hills, passed out handouts. She
echoed H. Pastorelli's comments. Her main concern was that maybe staff was
asking the wrong question. She said the District needs to ask whether it is the
right thing to do, not whether it is feasible. She asked why the District wants to
build another trail between the road and the Lost Trail. She believed it was fear
of bringing bikes onto the trail and user conflicts. She said the District might be
sacrificing their resource protection principles. She thought there were ways to
engineer things into the trail so that conflicts are much less likely. She talked
about the suggestions included in the handouts.
K. Nitz asked if there had been problems with equestrians and bicyclists on the
Lost Trail and if that had been one of the considerations of the ad hoc committee.
D. Little said it is a fairly narrow and flat trail with curves and wet areas. He said
the District does not have a policy of closing trails to bikes that might have
tempting connector trails, but the District does have a policy of trying to avoid
user conflicts and minimizing the possibility of users making mistakes. Their
feeling is if the District can minimize user conflicts and use a corridor that is not
of high ecological value, this might be a good opportunity and good use of
resources.
H. Pastorelli thought the bell suggestion was good. C. Britton said staff will look
into it.
Meeting 02-05 Page 8
Motion:. P. Siemens moved that the Board authorize the General Manager
to execute a contract with Freyer&Laureta, Inc., of San Mateo in
an amount not to exceed $47,132.75 to conduct design studies and
biological surveys; prepare plans, details, specifications, and cost
estimates; obtain permits for implementation of the lower Spring
Ridge Trail reroute and Sausal Pond observation area; and conduct
an engineering feasibility study for a potential alternateRidge Trail
alignment at Windy Hill Open Space Preserve. K. Nitz seconded
the motion. The motion passed 7 to 0.
E. Agenda Item No. 5-Authorization to Reimburse Santa Clara County In the
Amount of$23.723.32 for Water Costs Incurred at Rancho San Antonio Park
Pursuant to the Operation and Management Agreement for Rancho San Antonio
County Park Between the County of Santa Clara and Midpeninsula Regional
Open Space District—(Report R-02-3 5).
J. Maciel presented the staff report. He said the problem is fixed, and the bill will
now be a fraction, perhaps 1/3 or less. San Jose Water bears no responsibility. C.
Britton said the District is now getting the bill directly so staff will know sooner if
a problem exists.
Motion: M. Davey moved that the Board authorize the General Manger to
reimburse Santa Clara County Parks in the amount of$23,723.32
for water service costs incurred at Rancho San Antonio Park. N.
Hanko, seconded the motion.
Discussion: Discussion followed regarding the billing process and whether the
District should have to pay the full amount. C. Britton agreed that
it was a result of an error and that inefficiencies of the County may
have cost the District. However, he did not think it merited further
dispute.
yplg: The motion passed 7 to 0.
F. Agenda Item No. 6-Authorize the General Manager to Purchase Eight Trailhead
Signboards From General Graphics Exhibits of San Francisco In An Amount Not
to Exceed $30,000 for Fiscal Year 2002-2003 —(ELepQrt R-02-38).
C. Woodbury presented staff's recommendations. She talked about the cost of
the signs and said a prototype was being installed at Windy Hill. She passed
around a drawing and said the signs will last nearly forever. They have grant
funds to.pay for them. Staff had contacted several vendors.
Motion: M. Davey moved that the Board authorize the General Manager to
purchase eight trailhead signboards from General Graphics
Exhibits of San Francisco in an amount not to exceed $30,000 for
Meeting 02-05 Page 9
fiscal year 2002-2003. N. Hanko seconded the motion. The
motion passed 7 to 0.
IX. INFORMATIONAL REPORTS
J. Cyr reported that the Administration and Budget Committee had been working hard.
L. Hassett: 1. He was not sure he would be at the next Board meeting. He talked about
the Planning Commission hearing. 2. He said there were a few seats available at his
table for the Tall Tree Award ceremony on April 4.
M. Davey: 1. She reported that the hearing before the Planning Commission last week
about the Stanford hillside proposed zoning was continued to April 4. C. Britton said that
a letter from the District will be on the March 27 agenda. 2. She asked how much
potential there was for the District getting Proposition 40 funds. C. Britton said he did
not know,but a conservative estimate was $10 million. He said he would keep the Board
posted, and added that it is a competitive process.
K. Nitz said the wildflowers are in bloom at Pulgas Ridge.
N. Hanko: 1. She spoke at the County Planning Commission meeting representing the
District on the Stanford issue, and as an individual on the Steven's Creek Quary item.
She and M. Davey pled for additional time as not everybody had received the proposed
ordinance prior to the meeting. Palo Alto City Council will consider it on April 1. She
suggested a different zoning, AC, agricultural conservation. 2. She said she would
inform Wendy Crowder that the memorial bench is in place.
D. Little: 1. He hiked at Monte Bello and met the author of the District's book. He also
sighted a coyote who seemed unafraid. 2. He had recently returned from London and
asked what the British public parks, museums, and monuments have in common with the
District and not with State and County Parks(no admission fees).
C. Britton: 1. He reported the results of Proposition 40 (58 percent in favor). 2.
Measure K in the East Bay failed. 3. He passed out the latest information on Site 25 at
Moffett and said staff will be responding to the draft plan. 4. The Palo Alto State of the
City event will be on April 3. 5. He hoped all Board Members had met with the author
of the District book. He had met with him. 6. The Coastal Partnership Conference is
scheduled for April 26-27. 7. The AB 953 hearing is rescheduled for March 20.
Urgency wording is now included. He said the staff would be very careful with their
budget until they know about the State budget. 8. He noted staff is planning to cancel
the April 10 Board meeting, as three Board Members will be missing. 9. He said he
thought they needed to be careful regarding references to politics during meetings. 10.
San Jose Water has a signed permit to enter District land to complete the process of new
tank construction on the Krone Bishop property.
Meeting 02-05 Page 10
S. Thielfoldt reminded Board Members that their Statements of Economic Interest were
due on March 20.
J. Maciel: 1. He reported on D. Sanguinetti, noting that he is doing well. 2. They have
hired a new Open Space Technician.
T. Fischer had just returned from a meeting of the Los Gatos City Council where they
were discussing the Blair easement off Kennedy Road at Sierra Azul. An applicant had
applied for a one million gallon water tank for one house. T. Fischer told the
Commission that a subdivision application was coming through on the same property.
The Commission postponed the tank item so they will be heard at the same time.
C. Woodbury announced that if the weather holds, the parking lot would be resurfaced
and re-striped during the coming weekend.
X. ADJOURNMENT
At 10:12 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary