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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