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HomeMy Public PortalAbout20030813 - Minutes - Board of Directors (BOD) Regional Open c ice 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