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HomeMy Public PortalAbout20100310 - Minutes - Board of Directors (BOD) Meeting 10-07 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 10, 2010 MINUTES REGULAR MEETING I. ROLL CALL President Mary Davey called the Regular Meeting to order at 7:00 p.m. . Members Present: Pete Siemens, Mary Davey, Cecily Harris, Jed Cyr, Nonette Hanko, Larry Hassett and Curt Riffle. Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman, Real Property Manager Mike Williams, Planning Manager Ana Ruiz, Public Affairs Manager Rudy. Jurgensen, Open Space Planner II Tina Hugg, Support Services Supervisor David Topley, Operations Manager David Sanguinetti, Assistant General Counsel Duncan Simmons, Administrative Assistant Theresa Walz, Acting Administration and Human Resources Manager Annetta Spiegel, Mount Umunhum Project Manager Gina Coony, Controller Mike Foster, Senior Resource Planner Kirk Lenington, and Interim District Clerk Anna Duong II. ORAL COMMUNICATIONS Yvonne Tryce of Portola Valley spoke about a nature center in Portola Valley and stated she had the support of the Nature and Science Committee. President Davey stated Ms. Tryce would receive a letter from the Board. Meeting 10-07 Page 2 III. ADOPTION OF AGENDA General Manager Steve Abbors stated that Agenda Item #11 would follow Agenda Item #7 under Board Business. Motion: Upon motion by Director Riffle, seconded by Director Siemens, and unanimously passed, the Board approved adoption of the agenda. (Vote 7-0-0) IV. INTRODUCTION OF NEW STAFF Planning Manager Ana Ruiz introduced Gina Coony as Mount Umunhum Project Manager. V. ADOPTION OF CONSENT CALENDAR Director Riffle thanked Controller Mike Foster on his report and expressed gratitude for perspective he provided. President Davey added that the report was very clear. Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board approved adoption of the Consent Calendar to approve the Board Minutes dated February 3, 2010 and February 10, 2010, and the corrected Minutes of December 2, 2010, the Written Communication letters to Robert Zatkin and Yvonne Tryce; Controller’s Report on the Proposed Fiscal Year 2010-11 Budget; and Revised Claims 10-05. (Vote: 7-0-0) VI. BOARD BUSINESS A. Agenda Item 6 – Legislative Briefing by Ralph Heim of Public Policy Advocates – (Report R-10-09) District Legislative Advocate Ralph Heim delivered a detailed report about the legislative activities in Sacramento and provided information about the State’s budget. Mr. Heim provided an overview of the Community Charter Concept and informed the Board that there could be up to 35 initiatives on the November state ballot. Mr. Heim reiterated that Public Policy Advocates, LLC is currently tracking bills regarding CalPERs, anti-spiking legislation, and hunting. Director Hanko requested an overview of the process for submitting an emergency bill to the legislature. Mr. Heim explained the procedure and stated that the process was informal. Director Hassett requested an explanation of the division of the vehicle license fee and Mr. Heim explained that 85% of the fee was distributed to state parks, 5% was distributed to the California Department of Fish and Game, and the remaining 10% was divided amongst various conservancies in 2% increments. Mr. Heim further explained the history of the distribution of vehicle license fees. Discussion was held on various bills currently in the state legislature. By consensus, the Board accepted the report. B. Agenda Item 7 – Bench at Portola Heights – (Report R-10-51) Meeting 10-07 Page 3 The Committee reports were reviewed by Director Hanko, Chair of the Legislative, Funding and Public Affairs Committee. Public Affairs Manager Rudy Jurgensen announced that a location for the bench honoring Bill and Jean Lane’s contributions to open space preservation had been chosen. Director Hassett asked if Peninsula Open Space Trust (POST) will have the bench installed in the timeframe suggested, and Mr. Jurgensen assured the Board that POST will meet the timeframe. Motion: Upon motion by Director Hanko, seconded by Director Cyr, and unanimously passed, the Board approved to grant POST permission to install a bench honoring Bill and Jean Lane’s contributions to open space preservation at Portola Heights. (Vote: 7-0-0) C. Agenda Item 11 – Approval of the Purchase Agreement for the Horstmeyer Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, Located Approximately ½ Mile South of Almaden Reservoir in Barret Canyon (Santa Clara County Assessor’s Parcel Number 562-23-004); Assignment of Purchase Agreement for the Horstmeyer Property to Peninsula Open Space Trust (POST); Approval of a License and Management Agreement: Adoption of the preliminary Use and Management Plan; and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act – (Report – R-10-31) Real Property Manager Mike Williams provided a report of the Horstmeyer Property and introduced POST representatives Mark Landgraf and Meghan McFarland to the Board. Discussion was held on the advantage of having POST purchase the property rather than the District. Director Hanko noted that the property adjoins the District’s eastern sphere of influence and requested that the legend is shown on future maps. Mr. Landgraf stated that POST has worked in the area for many years and has purchased other properties that have been transferred to the Open Space Authority in the County of Santa Clara. He noted that POST was delighted to work in the area and help link larger open space areas and wildlife corridors. Motion: Upon motion by Director Riffle, seconded by Director Siemens, and unanimously passed, the Board approved the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report; adopt Resolution No. 10-09 authorizing the purchase of the Horstmeyer Property and authorizing the General Manager to approve the Assignment of Purchase Agreement and License and Management Agreement between the District and POST for the Horstmeyer property; and adopt the Preliminary Use and Management Plan contained in the report, including naming the property as an addition to the Mount Umunhum area of Sierra Azul Open Space Preserve. (Vote: 7-0-0) D. Agenda Item 8 – Authorization to Amend a Contract with Tannerhecht, Inc. (Tannerhecht) for an Additional $125,000, for a Total Amount Not to Exceed $143,200, to Continue Providing Architectural and Engineering Consulting Services for the Skyline Field Office Remodel Project– (Report – R-10-01) Meeting 10-07 Page 4 Open Space Planner II Tina Hugg briefly summarized the direction given to staff by the Facilities Maintenance Ad Hoc Committee. Director Hassett expressed concern on the scope, cost, and construction plans of the project. General Manager Steve Abbors assured the board that Tannerhecht was selected to do the project because of their abilities. Planning Manager Ana Ruiz stated that early in the project Tannerhecht’s scope of work was limited to the District’s guidelines and commended them for focusing on the District’s needs. Discussion ensued. Ms. Hugg noted that Tannerhecht will have the plans completed and presented to the Facilities Maintenance Ad Hoc Committee in the next fiscal year. Motion: Upon motion by Director Hanko, seconded by Director Riffle, and unanimously passed, the Board authorized amendment of the contract with Tannerhecht, Inc. for an additional $125,000 for a total amount not to exceed $143,200 to continue providing architectural and engineering consulting services for the Skyline Field Office remodel project. (Vote: 7-0-0) E. Agenda Item 9 – Authorize the General Manager to Execute an Agreement with Fresno Mobile Radio, Inc. to Acquire an FCC License for the Use of a Two-Way Radio Frequency and Authorize Contracts with Shulman Rogers for Legal Services and Macro Corporation for Consulting Services Related to Acquisition of the License – (Report – R-10-25) Support Services Supervisor David Topley provided an overview of the project and noted that a pager frequency had been located. Mr. Topley stated that the District will need to submit a waiver request to the Federal Communications Commission (FCC) to change the pager frequency to an emergency frequency and provide reasons for the need of an emergency frequency. Director Siemens suggested that the Public Affairs Department could work with contacts at the state legislature to obtain support for the District request from FCC. Discussion ensued. Motion: Upon motion by Director Hanko, seconded by Director Siemens, and unanimously passed, the Board approved to authorize a purchase agreement with Fresno Mobile Radio, Inc. to acquire a FCC license for the use of a two-way radio frequency for public safety purposes at a cost of $30,000; authorize the General Manager to amend the contract with Macro Corporation for consulting services related to acquisition of the FCC license in an amount not to exceed $30,000; and authorize the General Manager to execute an agreement with the law firm of Shulman Rogers for legal services related to acquisition of the FCC license in an amount not to exceed $30,000. (Vote: 7-0-0) F. Agenda Item 10 – Authorization to Amend the Contract with Macro Corporation for an Additional Amount of $50,000 for a Total Amount Not to Exceed $148,000, to Provide Project Development and Management Services for the District’s New Simulcast Radio System – (Report R-10-44) Meeting 10-07 Page 5 Support Services Supervisor David Topley provided an overview of the contract amendment with Macro Corporation and stated that the District relies on Macro Corporation for consultation services on the Simulcast Radio System. He noted that both staff and Macro Corporation have been in contact with the County of Santa Clara (County) for possible collaboration on building and housing the radio system for the District. Discussion was held on the possibility of having the County build the radio system. Mr. Topley stated the County’s communication system is a separate entity and has the expertise and ability to move forward on the project. Discussion ensued. Motion: Upon motion by Director Siemens, seconded by Director Hanko, and unanimously passed, the Board approved to authorize the General Manager to execute a contract amendment with Macro Corporation for an additional amount of $50,000 to provide Project Development and Management Services for the District’s New Simulcast Radio System. In the event the Board approves the General Manager’s recommendations to acquire a second radio frequency set out in Board Report R-10- 25, the total cost of the authorized contract amendment with Macro Corporation shall not to exceed $178,000. (Vote: 7-0-0) VI. INFORMATIONAL REPORTS COMMITTEE REPORTS Legislative, Funding and Public Affairs Committee: Director Hanko stated the Committee met on February 5, 2010, to discuss the bench honoring Bill and Jean Lane and noted that the Committee met with Mr. Heim prior to the Board meeting. Director Hanko stated that the Committee will meet in April to discuss renaming certain trails, to rename a preserve, to discuss bench design, and to discuss the plaque for County of Santa Clara firefighters. Use and Management Committee: Director Hassett stated the Committee met on March 1, 2010, and had a presentation conducted by L. Bankosh regarding Alpine Pond. Director Hassett stated there may be potential grant funding for the project, but the project may be scaled back if grant funding cannot be secured. STAFF REPORTS Public Affairs Manager Rudy Jurgensen stated that he and General Manager Steve Abbors will be going to Washington, D.C. to request additional funding for the Mount Umunhum project and planned to meet with Representatives Honda and Lofgren, as well as staff from office of Senators Feinstein and Boxer. Mr. Jurgensen also informed the Board that the District was on the front page of the San Mateo County Times because the newspaper printed the winners of the photo contest. General Manager Steve Abbors provided the Board with an update on Deer Hollow Farm. Meeting 10-07 Page 6 Interim District Clerk Anna Duong confirmed receipt of some of the Form 700s and reminded the Board that the deadline to submit them to the District Clerk was March 15, 2010. Planning Manager Ana Ruiz provided a status update on the La Honda Creek Master Plan and stated there are three tours being offered to Board. These tours include a tour of the Beatty property at Sierra Azul, a tour for the pond at La Honda Creek (summer), and a tour of Mount Tamalpais (April 22, 2010). Ms. Ruiz noted that staff is currently scoping the CEQA and NEPA process for the Mount Umunhum project and that Project Manager Gina Coony is creating a chronological list of what has been completed on the project. General Manager Steve Abbors recognized staff for their work in his absence, especially Acting Administration and Human Resource Manager Annetta Spiegel and Administrative Assistant Theresa Walz and spoke briefly about replacing some of the office furniture in the General Manager’s office to address ergonomic issues. DIRECTOR REPORTS The Board members submitted their compensable meeting reports to the Clerk. Director Harris stated she enjoyed meeting Mr. Heim and hearing his report. Director Hanko expressed concern for the vegetation growth at the pond near the Sequoias. Operations Manager David Sanguinetti reported that staff has inspected the pond and that the vegetation is not invasive, but native to the area. Director Cyr reported that he hiked Pulgas Ridge and that the trails are in good condition. Director Hassett congratulated Public Affairs Manager Rudy Jurgensen on the birth of his daughter. Director Riffle announced that he would attend the League of Women Voters “Meet the Candidate” meeting and announced he will be meeting with Congresswoman Anna Eshoo on April 21, 2010. He also informed the Board that Dr. Edgar Wayburn, former President of the Sierra Club, passed away at the age of 103. VII. ADJOURNMENT President Davey adjourned the Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:35 p.m. Lisa Zadek, Recording Secretary