HomeMy Public PortalAbout20040428 - Minutes - Board of Directors (BOD) Regional Open .'-, tee
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-10
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
April 28, 2004
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Mary Davey called the meeting to order at 6:38 p.m.
Members Present: Jed Cyr, Nanette Hanko, Deane Little (arrived at 6:50 p.m.), Pete
Siemens, Mary Davey, and Larry Hassett
Members Absent: Ken Nitz
Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Del Woods, Mike
Williams, John Maciel, Tom Fischer, Cathy Woodbury
II. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda Items 1 through 3.
The Board recessed to Closed Session at 6:38 p.m. and the Closed Session commenced at 6:38
p.m. The Board concluded the Closed Session at 7:35 p.m.
REGULAR MEETING
III. M. Davey called the Regular Meeting to order at 7:38 p.m. She announced that the Board had
discussed Closed Session Agenda Items 1, 2, and 3 in Closed Session and that no reportable
actions had taken place.
Additional Staff Present: Ana Ruiz, Gordon Baillie, Cindy Roessler
IV. ORAL COMMUNICATIONS—There were none.
3 M Distel Circle • Los Altos, CA 94022-1404 + Phone: 650-691-1 200
Fax; 050-091-0485 * E-mail: mrosd«opensp,tce.arg - Web site:www.openspace.org
Bu.arx/of Dire(tors Pete Siemens,Mary C, Davey,Ied Cyr, Deane Little, Nonette Nanko, Larry Fia4sett,Kenneth C. Nit/ - Goner d Altnagei l (gait;Britton
Meeting 04-05 Page 2
V. ADOPTION OF AGENDA
C. Britton requested switching agenda items 1 and 2 to accommodate guests in the audience.
Motion: J. Cyr moved that the Board adopt the agenda with the requested change. N.
Hanko seconded and the motion passed 6 to 0.
VI. ADOPTION OF CONSENT CALENDAR
N. Hanko abstained from Revised Claim number 7721.
Motion: P. Siemens moved that the Board adopt the Consent Calendar, including Revised
Claims 04-07. J. Cyr seconded the motion. The motion passed 6 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. 2 —Right of Entry for the United States Department of Agriculture
Wildlife Service (APHIS-WS) to Conduct Predator Management Activities at
Ravenswood 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 Right of Entry Permit Allowing the APHIS-WS Access to Ravenswood Open
Space Preserve for the Purpose of Conducting,Predator Management Activities;
Authorize the General Manager and General Counsel to Approve Minor Revisions to the
Permit to Enter—(Report R-04-48).
A. Ruiz introduced the visiting guests, Brian Popper of Wildlife Services, and Joy
Albertson of U.S. Fish and Wildlife Service and presented the staff report.
N. Hanko stated she was glad to see that action was taking place.
Mr. G. Young, 2878 Illinois Street, East Palo Alto, an adjoining homeowner asked how
close the proposed work on the nearby preserve was to the homes.
B. Popper said that the equipment would be placed on the preserve parcel, not on any
private property.
C. Britton asked Mr. Young to clarify his concern. Mr. Young said he was concerned �I
about the 20-foot easement area. C. Britton reassured Mr. Young that the distance
between the homes and the project site included a railroad spur, tidal trench, and a trail
along the levy.
Discussion continued about concern of catching the local pets in traps and N. Hanko
requested that a survey be done of the neighbor pet population. B. Popper stated that, if
the pets are collared with tags, they are easy to return to their owners. L. Hassett
Meeting 04-05 Page 3
suggested a neighbor notification bulleting the purpose of the project, and how to find
their pet if it goes missing, ie: the local animal shelter contact information.
J. Albertson stated that they have done similar projects within close proximity of homes,
and the notification L. Hassett suggested worked very well. J. Cyr requested that the
District get a copy of the flyer that is sent to the neighbors.
D. Little said he is interested in programs that get rid of non-native animals, but is
concerned about the native skunk and raccoon populations and asked if there were any
controls or surveys being done.
Motion: L. Hassett moved that the Board 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 right of entry permit allowing the
APHIS-WS access to Ravenswood Open Space Preserve for the purpose
of conducting predator management activities; authorize the General
Manager and General Counsel to approve minor revisions to the permit to
enter. N. Hanko seconded the motion. The motion passed 6 to 0.
B. Agenda Item No. I — Informational Report from Shelterbelt Builders, Inc. Regarding
Invasive Plant Control on District Lands—(Report R-04-43).
C. Roessler presented the outline of her presentation which included a survey update,
reviewing goals and the steps to attain the goals. She presented a PowerPoint slide show.
When she concluded her presentation, she introduced Mark Heath of Shelterbelt, who
continued with the PowerPoint presentation.
During the presentations, the Board asked clarifying questions and stated that they
appreciated the information presented and thanked M. Heath.
Motion: D. Little moved that the Board accept the report. N. Hanko seconded the
motion. The motion passed 6 to 0.
C. Agenda Item No. 3—Consider a Process for Completion of the Conditions of San Mateo
Local Agency Formation Commission Approval of the Coastside Protection Program;
Refer the Matter to the Legislative, Finance and Public Affairs Committee to receive
public input and develop appropriate Resolutions for Board Consideration at a Public
Meeting (Report R-04-45 J_
C. Woodbury reviewed upcoming dates, including the June 11, 2004 protest hearing. She
stated that certain conditions, namely #5 - #8 listed in the staff report, needed to be complete
prior to the final LAFCO approval of the project.
C. Britton said that the Legislative, Finance and Public Affairs Committee (LFPAC) will
develop a plan to propose the Resolution (48).
Meeting 04-05 Page 4
J. Cyr clarified that the LFPAC meetings cannot be held outside the current District
boundaries. L. Hassett expressed concern that he was not able to participate at the LFPAC
meeting(s) and asked in what ways he could. Following discussion between S. Schectman,
C. Britton, and the Board, it was decided that L. Hassett's chance to participate would be at a
subsequent full Board meeting.
Motion: P. Siemens moved that the Board consider a process for completion of the
conditions of San Mateo Local Agency Formation Commission Approval
of the Coastside Protection Program; refer the matter to the Legislative,
Finance and Public Affairs Committee to receive public input and develop
appropriate resolutions for Board consideration at a public meeting. D.
Little seconded the motion. The motion passed 6 to 0.
D. Agenda Item No. 4 — Approval of License Agreement with Residents of Sheldon Road
for the District to Manage a Public Trail Across a Portion of Sheldon Road to Access El
Sereno Open Space Preserve; Authorize the President of the Board of Directors or the
General Manager to Sign the License Agreement for the District to Manage a Trial
Access Across a Portion of Sheldon Road and Any Required Certificate of Acceptance
with the Residents of Sheldon Road—(Report R-04-44).
Tom Fischer presented the staff report. He reviewed what the License Agreement was
with the residents of Sheldon Road, and the history of the District's relationship with the
Sheldon Road homeowners.
N. Hanko asked about the effectiveness of the License Agreement missing four
signatures.
T. Fischer said that the majority of the residents have signed agreements with the District,
and that although a few had not signed, it was to the District benefit now to proceed with
recording a License Agreement and to continue gathering the remaining signatures.
S. Schectman stated that the License Agreement can make the trail effective and that the
trail is physically continuous even though the Agreement is missing some signatures.
C. Britton further explained that residents who did sign the License Agreement had
subsequently moved and the License Agreement did not carry over to the new
homeowners requiring staff to approach the new residents and start the process from the
beginning to request the new homeowner to sign the License Agreement.
S. Schectman confirmed that this License Agreement would be recorded with the County.
Motion: P. Siemens moved that the Board authorize the President of the Board of
Directors or the General Manager to sign the License Agreement for the
District to manage a trail access across a portion of Sheldon Road and any
Meeting 04-05 Page 5
required Certificate of Acceptance with the residents of Sheldon Road, N.
Hanko seconded the motion. The motion passed 6 to 0.
E. Agenda Item No. 5—Authorization to Amend the Contract with HRB Construction, Inc.
for Change Order Items Related to Fire Marshall Requirements for Construction of the
Foothills Field Office Maintenance Shop Building Replacement at Rancho San Antonio
Open Space Preserve; Authorize the General Manager to Amend the Current Contract
with HRB Construction, Inc. of San Jose in the Sum of$81,567 for Construction Change
Orders Covering Items Required by the Santa Clara County Fire Marshall's Office;
Authorize a Contingency Amount of Up to $16,313 for a Total Contract Amendment Not
to Exceed $97,880 and a Total Contract Amount Not to Exceed $83 7,110—(Report R-
04-47).
Steve Schur presented the staff report. He highlighted the work proposed to be
completed based on the Fire Marshall's recommendations. These recommendations
resulted in the need to amend the HRB contract with the change order request and include
a contingency amount.
J. Cyr asked why the contractor had not anticipated these problems that the Fire Marshall
had listed.
S. Schur explained that the main problem was the water flow onto the property.
J. Cyr expressed concern as to why the architect on the "front end" had not anticipated
this at the time of the design.
P. Siemens said he felt the County did not properly review the plans. C. Britton asked
staff to clarify and retrace the steps taken in the contract process for the Board.
S. Schur introduced Dan Stoddard.
D. Stoddard reviewed the timeline starting in October when the plan check fees were
paid. He received firewater flow comments which included the recommendation of an 8"
pipe from the hilltop. Staff hired an ex-Fire Marshall to negotiate with the County which
resulted with concession for fire protection inside the building. He noted that two years
ago there was no fire-code information. C. Britton reminded the Board that two previous
bids had been unacceptable.
P. Siemens stated that staff needs to ask the County harder questions at the beginning of
the project process in order to reduce the likelihood of expensive change orders in the
future.
L. Hassett agreed that construction management is not a strong point of the District. He
expressed concern that the original contract had a contingency amount and now the
change order has a contingency amount and asked what the final dollar amount would be
for this project.
Meeting 04-05 Page 6
D. Stoddard said that the contingency should cover any seen or unseen items, but
acknowledged that it may not. The County may add more issues that the District may
have to meet prior to occupancy of the building.
S. Schectman stated that a problem is that, as a government agency, the District must
select the low bidder. Sometimes a contractor may try to make up money with change
orders. This is a common dilemma for public agencies.
Motion: P. Siemens moved that the Board authorize the General Manager to amend
the current contract with HRB Construction, Inc. of San Jose in the sum of
$81,567 for construction change orders covering items required by the
Santa Clara County Fire Marshall's office; authorize a contingency
amount of up to $16,313 for a total contract amendment not to exceed
$97,880 and a total contract amount not to exceed $837,110. J. Cyr
seconded the motion. The motion passed 6 to 0.
E. Agenda Item No. 6—Authorize the Payment and Appropriation of Budgeted Funds for
Legal Services from the Law Firm of Shute, Mihaly and Weinberger in the Matter of Half
Moon Bay Coastside Foundation v. Midpeninsula Regional Open Space District and to
Provide Legal Services Related to the Coastside Protection Program in an Amount Not to
Exceed $96,000—(Report R-04-46).
S. Schectman asked if the Board had any questions. There was no discussion for this
item.
Motion: N. Hanko moved that the Board authorize the payment and appropriation
of budgeted funds for legal services from the law firm of Shute, Mihaly
and Weinberger in the matter of Half Moon Bay Coastside Foundation v.
Midpeninsula Regional Open Space District and to provide legal services
related to the Coastside Protection Program in an amount not to exceed
$96,000. P. Siemens seconded the motion. The motion passed 6 to 0.
SPECIAL MEETING
V111. M. Davey adjourned the Regular Meeting at 9:52 p.m. She then called the Special Meeting to
order at 9:52 p.m.
A. M. Davey called for the adoption of the January 21, 2004 Board Minutes, and the January
28, 2004 Board Minutes.
Motion: N. Hanko moved that the Board adopt the January 21, 2004 Board
Minutes and the January 28, 2004 Board Minutes. P. Siemens seconded
the motion. The motion passed 6 to 0.
B. M. Davey called for the adoption of the Written Communication.
Meeting 04-05 Page 7
Tamara Hannon, Interim General Manager of the Skyline County Water District(SWD),
stated that SWD has few funds and that they want to lease a piece of land from the
District for one facility which is currently surrounded by District land. The purpose
would be to install a temporary building to monitor and test water. The staff of SWD has
increased from 4 to 5 people and they are looking to do daily monitoring. There are a
total of 50 sites that take a 2 to 4 week time period to monitor.
N. Hanko suggested that SWD raise its rates to pay for the needs. T. Hannon explained
that their water rates are the highest in all of California.
C. Britton suggested that T. Hannon talk with M. Williams about possible rentals on
District land and stated that he would have M. Williams follow up with her.
Motion: J. Cyr moved that the Board approve the Written Communication. N.
Hanko seconded the motion. The motion passed 6 to 0.
REGULAR MEETING
IX. M. Davey adjourned the Special Meeting at 10:07 p.m. She reconvened the Regular Meeting to
order at 10:07 p.m.
X. INFORMATIONAL REPORTS
P. Siemens congratulated staff on the LAFCo process and acknowledged their consideration of
the neighbors and anticipation of answers to potential questions.
J. Cyr: (1) Also congratulated staff on the success of the LAFCo process. (2) He attended the
Ridge Trail dedication on April 17. (3) Hiked Russian Ridge and stated that the wildflowers were
great. (4) On April 24 he attended the trail dedication on Calero. (5) He went to the Bay Tree
dedication yesterday and complimented R. Jurgensen on the press release. Be noted that the Bay
tree has responded very well by the removal of the handball court.
L. Bassett said he was planning on attending the April 29 Woodside Town Hall meeting
regarding invasive plants.
M. Davey: (1) The District was vindicated in the Coastal Program CEQA lawsuit. Staff did an
excellent job making all of the facts available. Paul Rogers presented an accurate report on
process. She reminded the Board and staff of the June 11 LAFCo deadline, and thanked the
Board for getting the public knowledgeable about the District and its goals. (2) Attended the
Menlo Park Council meeting and said the Resolution passed by a 4 to I vote. (3) Went to the
Westwind Barn earth day event and said that E. Cuzick did a terrific job.
D. Little: (1) Hiked Russian Ridge and enjoyed the magnificent wildflowers. (2) Went to the
wildflower show at Mission College. (3) Planned on attending the May 8 plant sale at Hidden
Villa.
Meeting 04-05 Page 8
N. Hanko: (1) Passed around pictures of the Bay Tree dedication event. (2) The County may pay
Palo Alto $2 million which will provide Palo Alto the funds to work on the trail plan for the
Bressler property (along with the District). She will meet with D. Woods to meet with the City's
planning department.
C. Britton: (1) Pointed out the FYI's of interest for the Board to review. (2) Said the Woodside
meeting was the next day. (3) Gave a summary of the April 2 Use and Management Committee
meeting. (4)Noted the large stack of clippings and took a poll of the Board who would like the
clippings e-mailed to them, or have the clipping available on a cd (e-mail: P. Siemens, J. Cyr, L.
Hassett, M. Davey; cd format— D. Little). (5) Met with D. Little and hiked the Bella Vista trail
with J. Maciel and C. Beckman to measure the cross-slope and reviewed specifications. The trail
has between 3% to 13% grade. Staff is working to maintain the existing trail; however, going
forward staff will be careful with specifications. He plans to bring up "best practices" as a
subject at the next Not-So-Annual Conference. (6) Handed out invitation to the family staff
event in May. (7) Handed out a brochure planned to be sent to the coastal residents. (8) Handed
out copies of San Francisco Magazine which has articles about hiking District trails. (9)
Received a report from Santa Clara County Water District and gave to N. Hanko to review. (10)
Attended the trail dedication at Almaden Quicksilver County Park. (11) Attended the Bay Tree
dedication and realized staff forgot to invite Paul Romero. P. Romero accepted a new position
with State Parks in Sacramento. (12) Said the Coastal Program has gained good friends in the
media and reconnected the District's relationships with local cities.
N. Hanko thanked M. Davey for thanking staff for their hard work.
J. Maciel told the Board he had copies of the Shelterbelt report if they wanted to review it.
X1. ADJOURNMENT
At 10:40 p.m., the Regular meeting was adjourned.
Lisa Zadek
Recording Secretary