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HomeMy Public PortalAbout20020424 - Minutes - Board of Directors (BOD) Regional Open - ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-07 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS April 24, 2002 MINUTES SPECIAL MEETING L ROLL CALL President Deane Little called the meeting to order at 7:05 p.m. Members Present: Jed Cyr(arrived at 7:55 p.m.), Mary Davey,Nonette Hanko, Larry Hassett, Ken Nitz, Pete Siemens, and Deane Little Members Absent: None Staff Present: John Escobar, Sue Schectman, Mike Williams, Del Woods 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 7:05 p.m. and the Closed Session commenced at 7:05 p.m. The Board concluded the Closed Session at 7:30 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:33 p.m. He reported that there were no reportable actions taken during Closed Session, and that the Board would reconvene to Closed Session following adjournment of the Regular Meeting to consider one additional Closed Session item. Additional Staff Present: Stephanie Jensen, John Cahill, Sally Thielfoldt, Cathy Woodbury IV. ORAL COMMUNICATIONS John Street, ROMP Vice President, 3236 San Juan Avenue, Santa Clara, thanked J. Escobar for coming to their board meeting and commended him for his patience. He offered to take back questions and comments to ROMP. 330 Distel Circle * Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-048.5 - E-mail: mrosdGopenspace.org • Web site:www.openspace.org 147M] Board of(Directors:Pete Sienrens,Mary C. Davey,Jed Cyr,Deane Little, Nanette Hanko, Larry Hassett,Kenneth C.Nitz . General Manager:L.Craig Britton Meeting 02-07 Page 2 N. Hanko said she had asked if she could join ROW. J. Street said he would send her an application. L. Hassett asked if ROW was getting copies of letters Board members receive regarding bicycles so they get the same input. J. Escobar said that is the current plan. N. Hanko suggested that when the District answers such letters, staff let them know that ROW has a copy. Mr. Street thought that was a good idea. He said ROW understands the concerns of hikers meeting bikes on trails and is trying to mitigate the problem. S. Schectman said that forwarding of mail is a policy decision, and that once a letter is sent to the Board, it is a public record. However, she cautioned against routinely forwarding items to a third party when the author is asking the District to treat them confidentially. Mr. Street mentioned that ROMP is doing education stations every Sunday in April and May at El Corte de Madera and invited Board Members to join them. i I J. Escobar added that he would be giving an informational report regarding his experience at the information stations and meetings. Two Board Members have signed up to help at the stations. D. Little thanked Mr. Street and expressed appreciation. N. Hanko added that it is important that ROW know that the Board takes actions that benefit the bicycling public. Note: Director Cyr arrived at 7:55 p.m. V. ADOPTION OF AGENDA Motion: L. Hassett moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR K. Nitz removed Agenda Item 4, Authorize the General Manager to Purchase Interpretive Signs from Gener al Graphics Exhibits in an Amount Not to Exceed $15,000 for Projects at El Corte de Madera Creek, Windy Hill, and Skyline Ridge Open Space Preserves;Agenda Item 5,Ap proval of an Application for a Land and Water Conservation Fund Grant for the Public Access Improvements Project at El Corte de Madera Creek Open Space Preserve. Adopt the Attached Resolution Approving the Application;Agenda Item 6, Authorize the General Manager to Purchase Trail Directional Signs and Miscellaneous Preserve Signs a Needed from United Rentals Highway Technologies of San Jose in an Amount Meeting 02-07 Page 3 Not to Exceed $19.000 for Fiscal Year 2002-2003:Agenda Item 11,Apprrovg Appointment of Director Little as the District's Representative to the California Joint Powers Insurance Authority Board of Directors for their Annual Meeting and Appointment of Two Alternates, General Manager. C. Britton. and Assistant General Manager. J. Escobar. and claims. N. Hanko commented on Agenda Item 10,Adopt the Resolution Implementing a 401(a) Qualified Retirement Plan for the Employees of the Midpeninsula Regional Open Space District- noting that she was pleased to see this proposal. She thanked S. Thielfoldt. S. Thielfoldt said that C. Britton had initiated the item. Staff answered questions regarding claims 3557(have not been installed, getting materials ready); 3569 (do not have written report on bat survey, will prepare memo for Board); 3575 (regarding Jacques Ridge, still have specifications to finalize for bidding); 3633 (the rate is per pig, not per hour); and 3636 (restoration at Pulgas Ridge, part of Resource Management). Motion: K. Nitz moved that the Board adopt the Consent Calendar, including minutes of the February 27, 2002, and March 13, 2002, Special and Regular Meetings, Agenda Item 7, Approval of the Notice of Completion of Contract for Roof Replacement of the Red Barn Located in La Honda Creek Open Spice Preserve; Authorize the President of the Board.or Other Appropriat Officer. to Execute the Notice of Completion and Acceptance o Work for the Structural Repairs and Replacement n of the Roof o the Red B Agenda Item 8,Approval of Amendment to Communications Site Lease and Agreement with Bay Area Cellular Telephone Company d/b/a AT&T Wireless:Determine that the Recommended Qmmend d Actions are Categorically Exempt from the California Environmental Qualit y Act(CEQA) as Set Forth in this Report; Authorize the President of the Board of Directors to Execute the Amendment to Communications Site L&gm and Agreement with Bay Area Cellular Telephone Comfy AT&T Wireless at Pulgas Ridge Open Space Preserve;Agenda Item 9, Approve the Amendment to the Midpeninsula Regional Qpen Space District Substance Abuse Policy; Agenda Item 10, Adopt the Resolution Implementing a 40 1(p) Qualified Retirement Plan for the Employees of the Midpeninsula Regional Open Sp Distriot; and Revised Claims 02-05. P. Siemens seconded the motion. The motion passed 7 to 0. N. Hanko abstained on Claim #3656. The minutes of the March 13, 2002 Special and Regular Meetings were re-opened for discussion. Meeting 02-07 Page 4 VIE. MINUTES March 13, 2002 Special and Regular Meetings N. Hanko asked that the fourth sentence in the second paragraph under Agenda Item No. 4 be deleted. She also asked that the second sentence of Item I under her Informational Reports be changed to read, " She and M. Davey pled for additional time . . .." Motion: P. Siemens moved that the Board approve the Minutes of the March 13, 2002 Special and Regular Meetings as amended. K. Nitz seconded the motion. The motion passed 7 to 0. VIM SPECIAL ORDER OF THE DAY Resolution in Appreciation of Skip McIntyre. J. Escobar said that it was his honor to introduce this item to honor Skip McIntrye for his service to the District for nearly 30 years. President D. Little read the resolution. Mr. McIntyre remarked on his very positive association with the District. N. Hanko suggest that Mr. McIntyre name to put on the list of those to be invited to District events. She commended the author of the resolution. Motion: P. Siemens moved that the Board approve Resolution No. 02-09, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending Skip McIntyre. N. Hanko seconded the motion. The motion passed 7 to 0. IX. BOARD BUSINESS A. Agenda Item No. 1 - Authorize the General—Manager to Extend the Contras fo r C=hic Design Services with Design ConoZs for an Amount Not to Exceed $37,900. To Extend the Contract for Printing Services with Citation Press for an Amount Not to Exceed $120,000. and To Extend the Contract for Mailing Services with Precise Mailing, Inc. for an Amount Not to Exceed $26.500 for Fiscal Year 2002-2003 —(ftort R-02-60). S. Jensen presented the report, noting that by extending the contracts the District would not be subject to service rate increases. She told what they spent last year on each item. Meeting 02-07 Page 5 Motion: K. Nitz moved that the Board authorize the General Manager to extend the contract for graphic design services with Design Concepts for an amount not to exceed $37,900; to extend the contract for printing services with Citation Press for an amount not to exceed $120,000; and to extend the contract for mailing services with Precise Mailing, Inc. for an amount not to exceed $26,500 for fiscal year 2002-2003. M. Davey seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2-Proposed Addition of an Undivided Two-Third Interest in the Ham, et al. Property to the Monte Bello Open Space Preserve:Determine that the Recommended Actions are Exempt from the California Environmental Quality Act(CEOA)as Set Out in This Report; AdoZ the Resolution Authorizing Purchase of a Two-Thirds Interest i the jbn et al. PropgM: Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in the Report, Including Naming the Propfft as an Addition to the Monte Bello Open Space Preserve:Indicate Your Intention to Withhold Dedication of the Proms as Public Open Space as Public Open Space at this Time—(ftort 2- D. Woods described the property and showed its location on a map. He also showed slides of the property and outlined key Use and Management issues. Regarding the interior road, D. Woods said that when the District obtains a 2/3 interest in the property staff will gate the road, but not at this time. The District will maintain the lower portion for patrol access. In the long term, the District might want to use the lower part. He talked about the Stevens Creek Trail connection. He said the upper portion of the road is rocky and had been put in within the last two years. He did not see it as a serious erosion problem, but field staff will look at it more closely. M. Williams reported on the terms and conditions of the proposal. He talked about the road that someone had tried to cut. He said the cost per site is$309,000. Regarding zoning, he said it is 20-160, and it is grandfathered in. Motion: M. Davey 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; adopt Resolution No. 02-10,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement—Bargain Sale, Authorizing Officer to Execute Meeting 02-07 Page 6 Certificate of Acceptance of Grant to District, and Authorizing General Manger to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Monte Bello Open Space Preserve—Lands of Ham, Et At); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Monte Bello Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. N. Hanko seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3- Authorize the General Manager to Enter Into Contract with Crystal Springs Painting Co.. Inc. of Woodside for the Bid Amount of$19,493.59,Plus a Contingency Amount of$2,000 for a Total Contract Amount No c or Painting the Red Barn I to Exceed $21,493.59 f Located in La Honda Creek Open Space Preserve—Weport R-02-57). J. Cahill talked about what happened with the bats during roofing. He said the District is providing the paint. The siding is from Big Creek Lumber. He said the work would be done by May 15. Bats start looking for nesting areas May 1. D. Little said he thought the contractor was going to do the work while bats were gone. I Cahill said that staff could not have tightened up the process any more than they had. D. Little expressed concerns regarding doing work during nesting time. C. Woodbury said consultants have been on the project from the beginning. The consultants feel it is still safe to paint the barn by May 15, but the contractor will not start if there are delays. Consultants will be monitoring the entire time to see if there is an effect on the population. I Cahill stressed that the bats were never taken lightly by staff. He talked about what the consultants will do. C. Woodbury said the budgeted amount would come out of the Planning Department budget. Motion: K. Nitz moved that the Board authorize the General Manager to enter into a contract with Crystal Springs Painting Co., Inc. of Woodside for the bid amount of $19,493.59, plus a contingency amount of$2,000,for a total contract amount not to exceed $21,493.59 for painting the Red Barn located in La Honda Creek Open Space Preserve. M. Davey seconded the motion. Discussion: N. Hanko complimented staff on the report. L. Hassett commented that he had high regard for the painting contractor. He added that it is unusual to see scaffolding being provided by the District. J. Cahill said that might be Meeting 02-07 Page 7 negotiable. I Cyr said he understood the strong concern by community members for this site and that this was much more complex than he first thought. J. Cahill commented that in some ways, this was the hardest project he had been on since he came to work for the District. I Cyr suggested doing a statement talking about the original goal, the simplistic way, and the reality of the restoration. N. Hanko said this would be a good subject for the newsletter. I Cahill said staff had lots of pictures of what went on over the last few months. S. Jensen informed the Board that there was an article about the Red Barn in the newsletter. The motion passed 7 to 0. D. Little expressed concern that this is the heart of the breeding season for most creatures but said he trusted the judgment of staff and the consultants. J. Cahill noted that staff has other alternatives and added that staff is grateful for Board support. D. Agenda Item No. 4, Authorize the General Manager to Purchase Interpretive Signs from General Graphics Exhibits in an Amount Not to Exceed $15.000 fo r Projects at El Corte de Madera Creek,Windy Hill, and Skyline Ridge Open Space Preserves—(Report R702-M C. Woodbury answered questions about the $12,000 for the Daniels Nature Center budgeted as a capital improvement. S. Jensen clarified there was an item in the Public Affairs budget in the exact same amount for the Nature Center. This was donated and is for internal exhibits. Motion: K.Nitz moved that the Board authorize the General Manager to purchase interpretive signing products from General Graphics Exhibits of San Francisco in an amount not to exceed $16,500 for fiscal year 2002-2003. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item Na. 5-Approval of an Application far a Land and Water Conservation Fund Grant for the Public Access Improvements PrQiect at El Corte de Madera Creek Open Space Preserve: Adopt the Attached Resolution AppEgyyiLftg the Application—(ReportR-02-61). K. Nitz asked how many spaces would be in the parking lot. C. Woodbury stated that gaff does not have the actual construction drawings yet;that is part of what this grant would fund. I Escobar said the plan is to have 35 miles of trail in El Corte de Madera. There are probably 31 currently, plus 20 miles of illegal trails. K. Nitz stated that he would vote against this item and thought staff needed to look at it more. C. Woodbury Meeting 02-07 Page 8 noted that it is a grant application to fund follow-up on the study. K. Nitz added that staff should look at how they can better manage trails or close illegal trails. J. Escobar stressed that the Board was approving a grant application and not approving a parking lot construction project. He said cars are using roadside parking. He was not sure that the lot would necessarily increase use, but it would give people a safer place to park. K. Nitz repeated his concerns about increasing the number of users and even though this is a study, he thought the money should be spent somewhere else. N. Hanko said she would support the project because the District has been in the forefront of developing new things. She realized there would be problems, but ROW can help work it out. J. Escobar said he was not certain staff would want to have Caltrans ban roadside parking in this location. Motion: N. Hanko moved that the Board adopt Resolution No. 02- 11, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for a Grant from the Land and Water Conservation Fund for El Corte De Madera Creek Open Space Preserve Improved Public Access Project. M. Davey seconded the motion. Discussion: C. Woodbury said staff is still working on the amount they would apply for. She guessed approximately$300,000. Staff would ask for half that amount. L. Hassett said he would support the project but shared K. Nitz's concerns regarding how staff will proceed with El Corte de Madera. Paul Nam, 19863 Portal Plaza, Cupertino, said he was the ride coordinator for ROMP, and he did not visit El Corte de Madera because he fears it is overcrowded. He said he was not necessarily expressing ROMP's views. He agreed with K. Nitz. He said he was trying to communicate effectively with the bicycling community to stop illegal trails. J. Cyr echoed some of the concerns expressed and said he would support the project with reservations. He encouraged staff to continue to try to get a handle on the situation and thanked Mr. Nam for his concern and efforts. D. Little agreed that there are issues but said the District needs to address those directly rather than indirectly by voting against the parking lot. Vote: The motion passed 6 to I with Director Nitz voting no. F. Agenda Item No. 6-Authorize &the General Manager to Purchase Trail Directional Signs and Miscellaneous Preserve Signs as Needed from Meeting 02-07 Page 9 Unit§d Rentals Highw—Ay Technologies of San Jose in an Amount Not to Exceed $19,000 for Fiscal Year 2002-2003 —(ftort R-0"-58 C. Woodbury said she did not know the exact quantity of signs. She said there are a lot of signs on the preserves and added that seasonal closure signs were included in this amount and there would be signs in reserve in case of vandalism. Regarding the cost benefit, she had observed that the metal signs are holding up very well and are more legible in the smaller format. J. Escobar noted that staff has been looking for five to six years for an alternative to the wood signs. Motion: K. Nitz moved that the Board authorize the General Manager to purchase trail directional signs and miscellaneous preserve signs as needed from United Rental Highway Technologies of San Jose in an amount not to exceed $19,000 for the Fiscal Year 2002-2003. N. Hanko seconded the motion. The motion passed 7 t o 0. G. Agenda Item No. 11 --Approve Appointment of Director Little as the District's Representative to the California Joint Powers Insurance Authority Board of Directors for their Annual Meeting and Appointment of Two Altemates, QmprW MmAster, C, Britton, and Assistant General Managm J. Escobar—(Report R-0"-62 S. Schectman explained that the Board would appoint this person when they appoint their officers annually. The JPIA says it needs to be a specific person and that is why they cannot simply say the Board President will be the representative. Board members suggested stating in the report that the appointment would be made annually. Motion: K. Nitz moved that the Board approve appointment of Director Little as the District's Representative to the California Joint Powers Insurance Authority Board of Directors for their Annual Meetings, with changes to the report as discussed, and Appointment of Two Alternates, General Manager, C. Britton, and Assistant General Manager, J. Escobar. L. Hassett seconded the motion. The motion passed 7 to 0. X. INFORMATIONAL REPORTS J. Cyr talked about receipt of the meeting packet. L. Hassett: 1. He said the wildflowers are out. 2. He talked about the FYI regarding Mr. Zatkin. 3. He said he had a wonderful time at the Tall Tree award ceremony. Meeting 02-07 Page 10 N. Hanko: 1. She said there is a Redwood Ecology meeting scheduled that conflicts with their meeting in Half Moon Bay. J. Escobar said staff would try to set up another one that Board Members can attend. 2. C. Woodbury and she had a meeting with a member of the Palo Alto Planning Commission. She felt she was supportive of the District's position. The Commission will be taking up the subject of zoning on May 1. The District will receive a copy of Palo Alto recommendations which she will pick up, and she and will attend that meeting. K. Nitz said that last Saturday, he worked the Earth Day booth at Flood Park. Anna Eshoo picked up information from the booth. M. Davey: 1. She reported that Liz Kniss had an environmental forum the previous day which included discussion on hillside zone and habitat plan and the Stanford land situation. 2. She said there is interest among environmental groups to support a coordinated and cooperative program for applying for Proposition 40 money. 3. She said she was now an official member of the Community Resource Group and talked about their activities. D. Little: 1. He said he had met with the President of the Stevens Creek citizens group working to develop a corridor from the Bay to the mountains. He said he would forward the information to J. Cyr. 2. He said he would have liked to attend the I Simitian April 14 event, but because of the length of time between meetings, he had not received the invitation in time. He asked staff to open mail that might be time sensitive. P. Siemens: 1. He said in the past the District has been interested in the Guadalupe College property in Los Gatos because they held an easement on St. Joseph's Hill for a road. He talked about a project on the hill that the Planning Commission is considering. He said eventually the District will get a trail easement from St. Josephs's Hill to Sierra Azul. 2. He had talked to the purchaser of the property that the CDF station is on. He was concerned about property next to the District's being proposed for development. S. Schectman talked about the U. S. Supreme Court case upholding the Tahoe Regional Planning Agency's authority to impose a 32-month moratorium on development. She said the importance was that it was a 6-3 decision upholding this important type of land use regulation. She talked about the importance of the decision and said it was a great victory for local control of land use regulation. S. Thielfoldt: 1. L. Zadek had asked that Board Members contact her regarding their schedules. 2. Staff had started communication training. S. Jensen: 1. She announced the following dates: LFPAC Committee meeting May 2. Santa Clara County VIP tour May 4. San Mateo County VIP tour June 22. 1. She said staff wood look into scheduling another Redwood Ecology Meeting 02-07 Page 11 meeting so Board Members can attend. 3. She thanked K. Nitz for his work on Earth Day and L. Hassett for the Tall Tree event. 4. Staff has submitted $3 million appropriations requests for Mt. Urnunhum to both sides of Congress. C. Britton will be meeting with Congressional and Senate members. 5. She asked who was interested in the"Bend the Board Ear" program. I Escobar: 1. He said legislation was chaptered into law to allow Ventura County to create an open space district. 2. Construction of the observation deck at the sandstone formation at El Corte de Madera is underway. 3. He talked about the schedule for the Friday tours at the upcoming Coastal Conference. 4. He and C. Britton met with I Simitian on April 13, mostly on the issue of multi-county District funding jurisdiction and how the State budget might affect the District's funding. He said there is a strong commitment from Sen. Simitian to look out for the District's interests. 5. He heard from R. Heim that budget committee No. 4 would take up the mufti-county exemption as consideration for a source of new money. 6. AB 953 was signed by the Governor that day and staff will be working on changing their vendor policies. K. Nitz requested a more complete claims description for items over$10,000. 7. He asked to put off the Resource Management Strategic Plan until June 26. 8. He filled the Board in on what the District has been doing with ROW including operating joint information stations. He said most of his contacts have been very positive. 9. The packet included the sign restricting El Corte de Madera to on-trail use only. He said they have ROW support for this and an article has been drafted for the ROW newsletter. He encouraged Board members to take part in the work with ROMP and said it was eye-opening to see how many people use the preserves and how receptive they are to the District's message XI. ADJOURNMENT At 9:50 p.m., the meeting was adjourned to Special Meeting Closed Session. The Special Meeting Closed Session was reconvened at 9:56 p.m. and included at 10:35 p.m. No reportable action was taken. Roberta Wolfe Recording Secretary