HomeMy Public PortalAbout20130724 - Minutes - Board of Directors (BOD)
July 24, 2013
Board Meeting 13-17
*Approved by the Board of Directors on August 14, 2013
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
July 24, 2013
APPROVED MINUTES*
SPECIAL MEETING – STUDY SESSION
I. CALL TO ORDER
President Cyr called the Special Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 5:00 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Yoriko Kishimoto, Pete Siemens, Nonette Hanko, Larry
Hassett, Cecily Harris, and Curt Riffle
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana
Ruiz, Assistant General Manager Kevin Woodhouse, General
Counsel Sheryl Schaffner, GIS Administrator Casey Hiatt, Natural
Resources Manager Kirk Lenington, Acting Planning Co-Manager
Tina Hugg, Acting Planning Co-Manager Meredith Manning, Real
Property Senior Planner Sandy Sommer, Real Property Manager
Michael Williams, Real Property Specialist Elaina Cuzick, Senior
Resource Management Specialist Cindy Roessler, Senior
Management Analyst Lynn Tottori, Public Affairs Manager Shelly
Lewis, Volunteer Program Manager Paul McKowan, Docent
Program Manager Renee Fitzsimmons, and District Clerk Jennifer
Woodworth
Study Session Item 1a. Vision Plan Board Workshop on the Planning and
Analysis Results from Phase 2, “Hearing the Voices” (R-13-70)
Meeting 13-17 Page 2
GIS Administrator Casey Hiatt introduced Dr. Jodi McGraw from Jodi McGraw
Consulting who provided an overview of the planning and technical analysis
methodology and the team’s results from Phase 2 of the Vision Plan Project. Dr.
McGraw and her team are developing the biodiversity, working lands, recreational, and
cultural components of the Vision Plan. Her analysis includes studying existing
biological data to prioritize conservation areas as well as assess the relative conservation
value of restoration and stewardship projects to preserve terrestrial and aquatic species
and habitats.
GIS Administrator Casey Hiatt presented information related to the use of District lands
for recreation. District consultant Alta Planning + Design has worked with District staff
to compile and synthesize existing recreation data to assess gaps in the development of
District land for recreational uses and opportunities for access, as an update of the
Regional Open Space Study originally prepared in 1998.
Public hearing opened at 6:20 p.m.
Ray Cowan of Mountain View stated that he had been interviewed by District staff
regarding the Vision Plan and inquired as to how that information was going to be
incorporated into the Vision Plan.
President Cyr stated the next presentation on Vision Plan Public Engagement would
address that matter.
Public hearing closed at 6:22 p.m.
Study Session Item 1b. Informational Presentation on the Vision Plan Public
Engagement Report (R-13-66)
Real Property Senior Planner Sandy Sommer provided a summary of the public
engagement efforts during Phase 2 of the Vision Plan Project, including prominent
themes and topics that emerged as part of one-on-one interviews, the Mindmixer
interactive website, and the Community Advisory Committee meetings.
Director Kishimoto left the meeting at 6:25 p.m.
Public hearing opened at 7:10 p.m.
A member of the public spoke about controlling the capacity of the Rancho San Antonio
Open Space Preserve in order to protect sensitive areas.
Public hearing closed at 7:11 p.m.
No action was taken by the Board.
President Cyr adjourned the Special Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:05 p.m.
Meeting 13-17 Page 3
REGULAR MEETING – REGULAR SESSION
I. CALL TO ORDER
President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 7:17 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Pete Siemens, Nonette Hanko, Larry Hassett, Cecily
Harris, and Curt Riffle
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana
Ruiz, Assistant General Manager Kevin Woodhouse, General
Counsel Sheryl Schaffner, Administrative Services Manager Kate
Drayson, Human Resources Supervisor Candice Basnight, Senior
Management Analyst Lynn Tottori, Natural Resources Manager
Kirk Lenington, Area Superintendent Brian Malone, Planner III
Matt Baldzikowski, Senior Resource Management Specialist
Cindy Roessler, Acting Planning Co-Manager Tina Hugg, Public
Affairs Manager Shelly Lewis, Real Property Manager Mike
Williams, Real Property Specialist Elaina Cuzick, Real Property
Specialist Allen Ishibashi, Acting Planning Co-Manager Meredith
Manning, and District Clerk Jennifer Woodworth
III. REPORT OUT OF CLOSED SESSION
General Counsel Sheryl Schaffner reported a closed session was held on July 10, 2013
pursuant to Government Code Section 54956.9 (d)(1) – Existing Litigation. General
Counsel Schaffner reported a Settlement and Mutual Release has been signed for
payment of $30,000 for a mutual release of claims, and the item is listed on the revised
claims list provided to the Board.
IV. ORAL COMMUNICATIONS
Lennie Roberts, a member of the Committee for Green Foothills, spoke in opposition to
AB 904 and urged the District to contact Assemblymember Wesley Chesbro to request
exclusion of the southern subdistrict from this bill.
General Manager Abbors reported staff has drafted a letter regarding this item, but the
next Board meeting occurs after the comment time has closed. A letter opposing AB 904
signed by Mr. Abbors will be sent tomorrow.
Jeff Escallier representing Montevina Homeowners Association and Bohlman Citizen’s
Group spoke in favor of allowing dogs at El Sereno Open Space Preserve.
Meeting 13-17 Page 4
General Manager Abbors thanked Mr. Escallier for coming and reported that he has
spoken with Mr. Escallier in the past. The proposal for allowing dogs at El Sereno Open
Space Preserve will continue to work its way through the District’s process for evaluating
the suitability of dog use on District trails.
V. ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Hassett seconded the motion to adopt the
agenda.
VOTE: 6-0-0 (Director Kishimoto absent)
VI. CONSENT CALENDAR
Motion: Director Hanko moved, and Director Harris seconded the motion to approve the
Consent calendar.
VOTE: 6-0-0 (Director Kishimoto absent)
Agenda Item #1 – Approve Minutes of the Special and Regular Board Meetings
None
Agenda Item #2 – Approve the Revised Claims Report.
Agenda Item #3 – Written Communications
A. Sanchez
L. Milbrand
VIII. BOARD BUSINESS
Agenda Item #4 – Presentation of Ongoing Air Quality Monitoring Study at Rancho
San Antonio Open Space Preserve (R-13-69)
Planner III Matt Baldzikowski introduced Eric Winegar, PhD of Winegar Air Sciences.
Dr. Winegar provided a presentation on the data collected during the first half of the year
of air quality monitoring at Rancho San Antonio Open Space Preserve.
Public hearing opened at 8:08 p.m.
Tim Brand, a member of Bay Area for Clean Environment, spoke against the vested
rights awarded to Lehigh Quarry by Santa Clara County and asked the Board to file an
amicus brief in the Bay Area for Clean Environment’s appeals case against the Quarry.
Gary Latshaw, the Air Quality Chairman of the Local Loma Prieta Chapter of the Sierra
Club, stated he would like the final analysis of the Rancho San Antonio air quality
monitoring report to look at both the twenty-four hour and one hour peak periods not just
an average of the data. Mr. Latshaw reported the City of Cupertino is holding a
workshop on September 5, 2013 regarding Lehigh Quarry.
Rhoda Fry spoke regarding the air quality at Rancho San Antonio Open Space Preserve
and expressed concerns regarding Lehigh Quarry’s operating practices.
Meeting 13-17 Page 5
Barry Chang, a member of the Cupertino City Council but speaking for himself,
requested the Board file an amicus brief in support of the appeal against Lehigh Quarry.
Paula Wallis, a Bay Area for Clean Environment Board member, requested the Board file
an amicus brief in their appeal against Lehigh Quarry related to vested rights.
Lewis Franklin of Saratoga requested a sample of the data being gathered through the air
quality monitoring study, specifically related to the peaks in the data.
Public hearing closed at 8:28 p.m.
No action was taken by the Board.
Agenda Item #5 - Authorization to Amend an Agreement with Phytosphere
Research for an Additional $15,000 to Continue Monitoring of Treatment Methods
to Suppress the Spread of Sudden Oak Death (R-13-67)
Senior Resources Management Specialist Cindy Roessler introduced Ted Swiecki of
Phytosphere Research who presented an update on the District’s continuing suppression,
treatment, and monitoring of the spread of Sudden Oak Death on District Preserves.
Public hearing opened at 9:13 p.m.
No speakers.
Public hearing closed at 9:13 p.m.
Motion: Director Hassett moved, and Director Siemens seconded the motion to
authorize an amendment to the agreement with Phytosphere Research for an additional
$15,000 to continue in calendar years 2013 and 2014 the monitoring of treatment
methods to suppress the spread of Sudden Oak Death, for a total contract amount not to
exceed $52,500.
VOTE: 6-0-0 (Director Kishimoto absent)
Agenda Item #6 - Appropriation of Funds from the Hawthorn (Woods Trust)
Endowment Fund to Implement Relevant Board-Approved Fiscal Year 2013-14
Action Plan Projects (R-13-65)
Senior Management Analyst Lynn Tottori presented the staff report. Senior Management
Analyst Tottori provided information related to proposed improvements to the Alpine
Road House to convert it to an employee residence and stabilization of the historic
mansion and carriage house to prevent further deterioration. Ms. Tottori explained that
conversion of the Alpine Road House to an employee residence will provide for
increased site security and provide rental income to partially offset maintenance costs.
Public hearing opened at 9:12 p.m.
Meeting 13-17 Page 6
Mike Bushue a member of the Equestrian Trail Riders' Action Committee requested that
a new trail be opened that would connect to the Portola Valley Trail System and be
opened to the public as soon as presence is established on the property.
Public hearing closed at 9:14 p.m.
Motion: Director Siemens moved, and Director Harris seconded the motion to
appropriate funds from the Hawthorn (Woods Trust) Endowment Fund to implement
relevant Board-approved Fiscal Year 2013-14 (FY2013-14) Action Plan projects.
VOTE: 6-0-0 (Director Kishimoto absent)
Agenda Item #7 - Authorization to Award a Contract to Engineering/ Remediation
Resources Group (ERRG), General Engineering Contractor, for Construction
Services for the Hicks Flat Mine Waste Remediation project at the Rancho de
Guadalupe Area of the Sierra Azul Open Space Preserve (R-13-68)
Planner III Matt Baldzikowski presented the staff report, and provided additional
information related to ERRG’s qualifications and references.
Public hearing opened at 9:26 p.m.
No speakers.
Public hearing closed at 9:26 p.m.
Motion: Director Hanko moved, and Director Siemens seconded the motion to authorize
the General Manager to enter into contract with ERRG for a not-to-exceed amount of
$108,929, which includes the bid amount of $94,721 plus a 15% contingency of $14,208,
to re-grade and stabilize mine waste within the Sierra Azul Open Space Preserve.
VOTE: 6-0-0 (Director Kishimoto absent)
IX. COMMITTEE REPORTS
None.
X. STAFF REPORTS
Natural Resources Manager Kirk Lenington reported he is scheduled to tour Mindego
Ranch this Sunday with one of the former owners to work toward finalizing the landfill
closure.
Acting Planning Co-Manager Tina Hugg reported the District’s contractor Balance
Hydrologics is working quickly on the El Corte de Madera staging area. They are
meeting with representatives from San Mateo County on Monday to determine County
requirements for the project. Also, Phase 2 Trail at the El Corte de Madera Open Space
Preserve is going to the San Mateo County Planning Commission in August, and
construction is on target to begin in the fall. On a separate note, the Mindego Gateway
Meeting 13-17 Page 7
staging area construction is underway. Lastly, the Peters Creek Bridge project at Long
Ridge Open Space Preserve is in the building permit stage in preparation for September
construction.
Public Affairs Manager Shelly Lewis provided Directors with a copy of the Strategic
Plan Summary Report that has been printed for distribution. She also reported that
Valentin Lopez, Chairman of the Amah Mutsun tribe, will be attending the Volunteer
Recognition Event on August 24th. Also, the District will be advertising with Caltrain
and Samtrans for the next three months and displayed the posters being used.
Area Superintendent Brian Malone reported he is leading the Vision Plan Recreation
Theme Team and will be meeting with various visitor groups, such as cyclists, hikers,
and dog owners, to help prioritize projects for the Vision Plan. Area Superintendent
Malone also reported that the recruitment for the Project Manager position will start later
this week. Rangers continue to detect evidence of marijuana grows in the Sierra Azul
and Miramontes Ridge Open Space Preserves. A fire was also started at a grow site on
private land which spread onto District lands. District staff continues to work closely
with the Santa Clara and San Mateo County Sheriff Departments on this issue. Lastly,
the Molder Trail at the El Corte de Madera Open Space Preserve has been opened to the
public connecting the Skyline Trail/Bay Area Ridge Trail on California Water Service
land to El Corte de Madera.
Real Property Manager Mike Williams reported a stakeholders’ meeting was held at the
Elkus Ranch on July 22nd, and 35 members of the public attended. Those in attendance
added to the list of known events held at the Driscoll Event Center.
Assistant General Manager Ana Ruiz reported the General Manager’s Office is working
on the District’s administrative processes to improve District efficiency and
effectiveness.
General Manager Abbors reported that he, President Cyr, Assistant General Manager
Ruiz, and Assistant General Manager Woodhouse went to Bear Creek Stables and met
with Glenda and her staff. They had a productive conversation and all agreed upgrades to
the site are needed. General Manager Abbors also reported he attended the California
Special District Association’s General Manager Leadership Summit in Newport Beach
last week. Moreover, he met with the Los Gatos City Manager, who expressed interest in
deeding the Novitiate Park to the District. Lastly, General Manager Abbors notified the
Board that he will be on vacation for three weeks starting Monday. Assistant General
Manager Ruiz will be Acting General Manager in his absence.
XI. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk.
XII. ADJOURNMENT TO CLOSED SESSION
President Cyr adjourned the Regular Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District into a Closed Session at 9:50 p.m.
Meeting 13-17 Page 8
XIII. ADJOURNMENT
The Closed Session adjourned at 10:45 p.m.
__________________________________
Jennifer Woodworth
District Clerk