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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-17
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
August 13, 2003
MINUTES
SPECIAL MEETING
I
L ROLL CALL
President Nonette Hanko called the meeting to order at 6:07 p.m.
Members Present: Jed Cyr, Mary Davey, Larry Hassett,Ken Nitz, Pete Siemens, and
Nonette Hanko
Members Absent: Deane Little
Staff Present: Craig Britton, Sue Schectman, John Maciel, and Sally Thielfoldt
H. CLOSED SESSION
N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda Items 1, 2, 3, and 4.
The Board recessed to Closed Session at 6:08 p.m. and the Closed Session commenced at 6:08
p.m. The Board concluded the Closed Session at 7:20 p.m.
REGULAR MEETING
III. N. Hanko called the Regular Meeting to order at 7:32 p.m. She announced that the Board had
discussed Closed Session Agenda Items 1, 2, 3, and 4 in Closed Session. The Board voted 6 to
0, with Dir. Little absent,to accept a settlement offer signed by R. Molica settling a disputed
personnel matter in the amount of$25,000.
Additional Staff Present: Doug Vu, Sumudu Welaratna, Gordon Baillie, Cathy Woodbury,
Mike Newburn, Mike Williams, Sandy Sommer, Lisa Zadek, Steve Schur, Del Woods, Tom
Fischer, and Ruthie Harari-Kremer
IV. ORAL COMMUNICATIONS—There were none.
V. ADOPTION OF AGENDA
330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200
Fax: 650-691-0485 - E-mail: mrosd@openspace.org - Web site: www.openspace.org [J .
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth f. Nitz - Genera!Manager: L.Craig Britten
Meeting 03-17 Page 2
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded and the
motion passed 6 to 0.
VL ADOPTION OF CONSENT CALENDAR
N. Hanko removed Agenda Item 9,Permit to Enter to United States Department of Agriculture
(USDA)Natural Resources Conservation Services( qRCS)for Soil Sampling in Foothills.
Fremont Older, Los Trancos, Monte Bello, Picchetti Ranch,Rancho San Antonio, and Saratoga
Gap Open Space Preserves, Determine that the Proposed Actions are Categorically Exempt
Under the California Environmental Quality Act(CEQA)Based on Findings Contained in this
Report, Authorize the General Manager to Execute the Attached Permit to Enter Allowing
USDA-MRCS Access to the Various Preserves for the Purpose of Soil Samplings to Update the
Soil Survey of the Santa Clara County Area of the District; C. Britton removed Agenda Item
10, Schedule a Special Meeting of the Board of Directors for Tuesday. August 19, 2003 at 7:00
12.m. for the Purpose of Conducting a Closed Session Concerning the Annual Board Appointee
Performance Evaluations for the General Manager, General Counsel, and Controller; J. Cyr
removed Agenda Item 12, Authorization for General Manager to Approve Contracts Not to
Exceed $25,000, Including Settlement of Claims, and Approval of Amendment to Board
Resolution No. 99-45 to Conform to Current Board Contracting Policies, Approve the Attached
Resolution Authorizing the General Manager to Approve Contracts Not to Exceed $25,000.
Including Settlement of Claims: Amend Board Resolution No. 99-45 to Conform to Current
Board Contracting Policies.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of
the Special and Regular meetings of May 28, 2003; June 25, 2003; and July 9,
2003; draft responses to communications from Mr. Greg Azevedo,
azevedogg@netscape.net; and Mr. James Citta, citta@aol.com; Agenda Item 8,
Authorization to Change District's Designation of Authorized Signatories for
District General and Payroll Checking Accounts: Amend by Resolution Section
2.40 of the District's Rules of Procedure Adding the Land Acquisition Manager
as an Approved"Financial Instrument Signatory-," Adopt the Attached
Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District Establishing Signatories for General Checking Account (Mid-Peninsula
Bank), Adopt the Attached Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Establishing Signatories for Payroll
Checking Account (Mid-Peninsula Bank): Adopt the Attached Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Establishing Financial Instrument Signatories of the District for Santa Clara
County Accounts,Agenda Item 11,Permit for United States Department of the
Army to Enter the Former Almaden Air Force Station on Mt. Umunhum for
Exploratory Testing and Monitoring at Sierra Azul Open Space Preserve,
Determine that the Proposed Actions are Categorically Exempt Under the
California Environmental Quality Act (CEQA)Based on Findings Contained in
this Report, Authorize the General Manager to Execute the Attached Permit to
Enter Allowing the United States Department of the Army(Army Corps of
Engineers) Access to the Property to Test the Soil and Groundwater to
Meeting 03-17 Page 3
Determine Whether Toxic Contamination is Present:Further. Authorize the
General Manager to Approve Any Minor Corrections, or Grammatical or
Technical Revisions to the Attached Permit to Enter Which Do Not Involve a
Change to a Material Term, Subject to the Approval of the District General
Counsel; and Revised Claims 03-14. P. Siemens seconded the motion. The
motion passed 6 to 0. N. Hanko abstained on Claim#6281.
VII. BOARD BUSINESS
A. Agenda Item No. I —-Approval of a Mitigated Negative Declaration and Mitigation
Monitoring Program for Pulgas Ridge Trail Construction Project and Tentative
Adoption of an Amendment to the Use and Management Plan for Pulgas Ridge Open
Space Preserve: Approve the Mitigated Negative Declaration and Mitigation
Monitoring Program in Accordance with the California Environmental Quality Act
(CEQA). and Adopt the CEQA and De Minimis Findings as Set Out in Exhibit E of this
Report, Tentatively Adopt the Use and Management Committee's Recommendation to
Amend the Use and Management Plan for Pulgas Ridge Open Space Preserve for
Demolition of the Former Hassler Health Home Waste Treatment Facility.
Development of a Parking and Staging Area, and Construction of Three New Trails:
Tentatively Adopt the Use and Management Committee's Recommendation to Expand
the Off-Leash Dog Access Area as Discussed in this Report—ftpQrt R-03-74).
D. Vu gave a PowerPoint presentation and introduced Diane Renshaw, consulting
ecologist on the project.
D. Renshaw talked about the San Francisco Dusky-footed wood rat,which is a species
of special concern, and is present in the project area. She presented facts about the rat's
habitat and diet and its social structure. She showed pictures of the rat and the stick
nests that they construct and live in. She said other animals, including insects and
lizards, live in the stick nests. She talked about what the team had done at Pulgas to
protect the rat—re-routing the trail, providing screening, and educational signing. D.
Vu added that staff will work to educate the public.
D. Renshaw said some of the natural predators of the rat were great homed owls,
coyotes, and foxes. She said that revisiting the matter to see what impact the predators
had on the rat would add to the scientific information they have.
Regarding the abandoned roads, D. Vu said these areas would be re-vegetated as part of
this project, but that would not take place this year. The Redwood Center will not be
impacted by the trail. He said as staff will work with the Center, and that staff will be
developing measures to block views from the trail into the Center's windows. The
Center had not asked for more screening to date.
L. Hassett complemented staff for bringing Board Members to visit the sites. He said
he felt much more knowledgeable and connected to the project and there had been much
Meeting 03-17 Page 4
better public participation. He said there was a tremendous benefit to having site visits.
K Nitz agreed.
D. Vu said that although the Canyon Trail parallels the existing road (Hassler), it was
proposed because it would provide additional trail access. L. Hassett added that the
elevation difference between the road and the trail is significant.
Discussion followed regarding extension of the off-leash dog area.
J. Cyr said that he understood that the purchase of this property in the 1980's was
controversial at the time.
J. Cyr said that over the course of the investment,there has been substantial time and
energy that has gone into the property. However,because staff has had to deal with the
structures on the property, there have been significant costs that might not have been
contemplated on the front-end of the purchase.
C. Britton said the additional major costs on the Hassler property had been the cost of
demolishing structures and a lawsuit. He added that this is the only preserve east of
Highway 280 and potentially has a lot more public use. It is different than most of the
District's preserves for that reason.
N. Hanko commented that tonight comes close to the end of the dream that the Board
had for the property when the District first bought it. She thanked the Use and
Management Committee and staff.
Motion: M. Davey moved that the Board approve the Mitigated Negative
Declaration and Mitigation Monitoring Program in accordance with the
California Environmental Quality Act(CEQA), and adopt the CEQA and
De Minimis Findings as set out in Exhibit E of the staff report;
tentatively adopt the Use and Management Committee's
recommendation to amend the Use and Management Plan for Pulgas
Ridge Open Space Preserve for demolition of the former Hassler Health
Home waste treatment facility, development of a parking and staging
area, and construction of three new trails; and tentatively adopt the Use
and Management Committee's recommendation to expand the off-leash
dog access area as discussed in the staff report. K. Nitz seconded the
motion. The motion passed 6 to 0.
B. Agenda Item No. 2 - Approval of a Mitigated Negative Declaration and Miti ag tion
Monitoring Plan for the Saratoga Summit Trail Construction Project and Final Adoption
of an Amendment to the Use and Management Plan for Long Ridge Open Space
Preserve; Approve the Mitigated Negative Declaration and Mitigation Monitoring
Program in Accordance with the California Environmental Quality Act CEQA), and
Adopt the CEQA Findings and De Minimus Findings as Set Out in this Report; Amend
the Use and Management Plan for Long Ridge Open Space Preserve for the
Meeting 03-17 Page 5
Construction of the Saratoga Summit Trail, which will be Open to Hikers and
Equestrians Only, Waive the Requirement for a Second and Final Reading of the
Adoption of the Use and Management Plan Amendment Because of the Necessity to
Construct and Complete this Project in Order to Secure Grant Funds by the May 2004
Deadline—(Report R-03-73).
S. Welaratna presented the staff report and answered questions about the crossing. She
noted that this was one of the safer crossings. She said there were no signs at the vista
point parking lot telling where the trail head was. P. Siemens and K. Nitz agreed that
there needed to be such signage. C. Britton said there would be a map board and maps.
S. Welaratna said staff would work with CalTrans to try to resolve parking and signing
issues. M. Newbum noted that the CalTrans lot is not patrolled at night, and there have
been vandalism problems there.
L. Hassett said that he is enthusiastic about this trail, and he was not aware of any
opposition from South Skyline residents.
S. Welaratna said that signage and stiles would be used to discourage use by bicyclists.
N. Hanko commented that the District has waited years for this connection to occur.
Motion: M. Davey moved that the Board approve the Mitigated Negative
Declaration and Mitigation Monitoring Program in accordance with the
California Environmental Quality Act(CEQA), and adopt the CEQA and
De Minimis Findings as set out in the staff report; amend the Use and
Management Plan for Long Ridge Open Space Preserve for the
construction of the Saratoga Summit Trail, which will be open to hikers
and equestrians only; and waive the requirement for a second and final
reading of the adoption of the Use and Management Plan amendment
because of the necessity to construct and complete this project in order
the secure grant funds by the May 2004 deadline. P. Siemens seconded
the motion.
Discussion: S. Schectman informed the Board that the open space planning process
allowed the District to dispense with the second reading.
Vote: The motion passed 6 to 0.
C. Agenda Item No. 3—Authorization to Reject All Bids Received July 29, 2003 and
Solicit New Bids for Construction of the Foothills Field Office Maintenance Shop
Building Replacement at Rancho San Antonio Open Space Preserve, Authorize Staff to
Reject All Bids Received for Construction of the Maintenance Shop Building for the
Foothills Field Office at Rancho San Antonio Open Space Preserve, Authorize Staff to
Solicit New Bids—(Report R-03-7-5 A.
Meeting 03-17 Page 6
S. Schur presented staffs recommendations. Discussion followed regarding the reasons
for the project having to be bid three times.
S. Schur detailed what the"associated costs" were and why there was such an increase
in those costs. He introduced Don Stoddard, construction management consultant,who
talked about what background information is asked for on bidders. He also discussed
building costs and said the building will be insulated. No equipment is included in the
bid.
Motion: M. Davey moved that the Board reject all bids received for construction
of the Maintenance Shop Building for the Foothills Field Office at
Rancho San Antonio Open Space Preserve; and authorize staff to solicit
new bids. P. Siemens seconded the motion.
Discussion: I Cyr commented that he hoped with the addition of consultants and
staff to deal with the kind of issues that had been raised that it will help
in our education for future projects. He encouraged staff to get
professional help for projects of this magnitude.
On the budget guidelines, K. Nitz commented that he did not think the
Board should change their average. He thought they should keep the
five-year average.
C. Britton said he was glad D. Stoddard was hired as the District's
construction consultant. He apologized for not having a decent estimate
on the project to start with. He hoped that staff would have better
information to present to the Board in the future.
Regarding the estimated cost per year, C. Britton said that staff facilities
are almost never grant funded.
L. Hassett said he believed there were substantial opportunities for a
photovoltaic system.
Vote: The motion passed 6 to 0.
D. Agenda Item No. 4- Annrove the Reorganization of the Acquisition Department;
Amend the Position Classification Plan, Eliminating;the Real Property Representative
Position and Approve the Filling of the Vacant Land Acquisition Manager Position and
Corresponding�Budgetary Increase—(Report R-03-78).
C. Britton said he thought the job description, "Real Property" should substitute for
"Land Acquisition" in both recommendations. Board Members agreed that this was a
decision that should be made by the staff.
Motion: M. Davey moved that the Board approve Reorganization of the Real
Property Department as set out in the staff report; and amend the
Meeting 03-17 Page 7
Position Classification Plan, eliminating the Real Property
Representative position and approve the filling of the vacant Real
Property Manager position and approve a corresponding budgetary
increase. P. Siemens seconded the motion. The motion passed 6 to 0.
E. Agenda Item No. 5- —Approve a Five Point Salary Increase to the Assistant General
Manager Position and Amend the Position Classification and Compensation Plan to
Reflect the New Salary Range—(Report R-01-82
C. Britton was available to answer questions.
Motion: M. Davey moved that the Board approve a salary increase of Five Points
to the Assistant General Manager Position and amend the Position
Classification and Compensation Plan to reflect the new salary range. I
Cyr seconded the motion. The motion passed 6 to 0.
F. Agenda Item No. 6 - Authorize Entering into an Agreement with Primary Consulting
Services for Needed Staff Recruitments for an Amount Not to Exceed $30,000 to
Conduct Five Staff Recruitments—(Report R-03-8-3
Motion: M. Davey moved that the Board authorize the General Manager to enter
into an agreement with Primary Consulting Services for an amount not to
exceed $30,000 to conduct five staff recruitments. N. Hanko seconded
the motion.
Discussion: S. Thielfoldt presented the staff report and answered questions regarding
bidding. S. Schectman said the District policy is to try to get three
consultants to submit proposals.
Vote: The motion passed 6 to 0.
G. Agenda Item No. 7 - Adoption of Ordinance Permitting Scattering of Human and
Animal Cremated Remains(Cremains) on District Lands: Adoo Ordinance No. 03-02
Allowing the Scattering of Legally Cremated Human and Animal Remains (Cremains)
on District Property, Pursuant to California Health and Safety Code Section 7116:
Direct Staff to Develop Procedures and Guidelines for Implementation of a Permit
System Consistent with this Ordinance-(Report R-03-80).
G. Baillie outlined the report including staff recommendations.
Motion: I Cyr moved that the Board adopt Ordinance No. 03-02 allowing the
scattering of legally cremated human and animal remains (remains) on
District property, pursuant to California Health and Safety Code Section
7116; and direct staff to develop procedures and guidelines for
implementation of a permit system consistent with this Ordinance. M.
Davey seconded the motion.
Meeting 03-17 Page 8
Discussion: G. Baillie noted that there had been no official policy until now;
however, the working policy was similar to the one proposed. He said
the public interest in scattering of cremains had peaked in 1999 when the
State law was changed.
Vote: The motion passed 6 to 0.
H. Agenda Item No. 9-Permit to Enter to United States Department of Agriculture
(USDA)Natural Resources Conservation Services(NRCS) for Soil Sampling in
Foothills, Fremont Older, Los Trancos, Monte Bello, Picchetti Ranch, Rancho San
Antonio, and Saratoga Gap Open Space Preserves, Determine that the Proposed Actions
are Categorically Exempt Under the California Environmental Quality Act(CEQA)
Based on Findings Contained in this Report, Authorize the General Manager to Execute
the Attached Permit to Enter Allowing USDA-NRCS Access to the Various Preserves
for the Purpose of Soil Samplings to Update the Soil Survey of the Santa Clara Count
Area of the District—(Report R-03-7J6 .
R. Harari-Kremer answered questions. She said the information gathered would be
used to update soil maps. There will be information from this that will be helpful to the
District. USDA-MRCS will provide the District with all the data collected. She said
this was a partnership of federal, state, and local agencies and was not just being done
on District land. She said USDA-NRCS would be testing many different soil
properties.
C. Woodbury added that this is done all over the country and gives staff a basis to work
from.
R. Harari-Kremer said USDA-MRCS would use hand tools and dig up to 5 feet deep.
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; and authorize the General Manager
to execute the Permit to Enter allowing USDA-NRCS access to the
various preserves for the purpose of soil samplings to update the Soil
Survey of the Santa Clara County Area of the District. J. Cyr seconded
the motion. The motion passed 6 to 0.
C. Britton agreed with J. Cyr that this would be valuable information.
I. Agenda Item No. 10- Schedule a Special Meeting of the Board of Directors for
Tuesday, August 19, 2003 at 7:00 p.m. for the Purpose of Conducting a Closed Session
Concerning the Annual Board Appointee Performance Evaluations for the General
Manager, General Counsel. and Controller—(Report R-03-72).
C. Britton said he would propose that the meeting begin at 5:30 p.m. instead of
7:00 p.m.
Meeting 03-17 Page 9
Motion: M. Davey moved that the Board schedule a Special Meeting of the Board
of Directors for Tuesday, August 19, 2001, at 5:30 p.m. for the purpose
of conducting a closed session concerning the annual Board appointee
performance evaluations for the General Manager, General Counsel, and
Controller. J. Cyr seconded the motion. The motion passed 6 to 0.
J. Agenda Item No. 12- Authorization for General Manager to Approve Contracts Not to
Exceed $25,000, Including Settlement of Claims, and Approval of Amendment to
Board Resolution No. 99-45 to Conform to Current Board Contracting Policies.-
Approve the Attached Resolution Authorizing the General Manager to Approve
Contracts Not to Exceed $25,000, Including Settlement of Claims: Amend Board
Resolution No. 99-45 to Conform to Current Board Contracting Policies—(Report R-
03-81).
J. Cyr suggested a modification to page 2 of the resolution, second paragraph, to delete
the last part of the sentence following, ". . . or settle Legal Claims."
Motion: J. Cyr moved that the Board approve Resolution No. 03-28, as modified,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Authorizing the General Manager to Approve, Settle, or
Deny Legal Claims, to Execute All Necessary Documents to Resolve
Such Claims, and to Approve Amendments to Permits to Enter District
Property. L. Hassett seconded the motion. The motion passed 6 to 0.
VHI. INFORMATIONAL REPORTS
P. Siemens reported that the Monte Sereno Council supported the coastal annexation resolution.
J. Cyr: 1. He had not heard when the annexation resolution would be on the Sunnyvale
Council agenda. Staff will check. 2. A coast side barbecue is scheduled for 5:30 p.m. on
August 18.
L. Hassett had noticed that substantial work was being done at the tree farm. It looked very
good and he was happy to see that.
M. Davey enjoyed the South Skyline annual picnic, and the people she talked to were very
supportive of the annexation.
N. Hanko: 1. In going through her slides, she found some that Stan Norton had taken of the
District Board working on its Basic Policy in 1975. There were also pictures of a staff retreat
and pictures of District land and how it looked. She will lend them to the District so the
pictures can be digitized. 2. She would like to see the beautiful message regarding the oak
included in the District's newsletter.
C. Britton: 1. The FYIs included information on the conservation easement workshop. 2.
Sister Patricia Marie called. Escrow closed last Thursday on the Presentation Center property
Meeting 03-17 Page 10
and she has invited the Board to come for a tour of what the Center are proposing and for
dinner with her Board on September 23. 3. The staff recognition day event will be on August
27 and the evening event is September 12. 4. Warren Phillips' retirement party will be Friday,
August 15 at Picchetti. 5. August 21 is the date of the opening of the Ridge Trail through the
San Francisco watershed lands. 6. He went to the annual meeting of the California Joint
Powers Insurance Authority on July 23. 7. J. Escobar's farewell party was great. 8. He went
to the San Carlos Council meeting at which they passed the District resolution. 9. He took
Supervisor Jerry Hill and his staff on a tour on August 4. 10. He made a presentation at the
San Mateo County Special District meeting.
C. Woodbury reported that the Old Page Mill project is underway. Staff is due to get the
Jacques Ridge permit any day and that will also be underway.
J. Maciel talked about the tree farm work which is currently in the first of three phases.
IX. ADJOURNMENT
At 9:50 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary