HomeMy Public PortalAbout20150923 - Minutes - Board of Directors (BOD)Board Meeting 15-24
*Approved by the Board of Directors on October 14, 2015
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
Wednesday, September 23, 2015
APPROVED MINUTES*
CLOSED SESSION
CALL TO ORDER
Secretary Cyr called the meeting to order at 5:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, and Curt Riffle
Members Absent: Yoriko Kishimoto and Pete Siemens
Staff Present: Assistant General Manager Ana Ruiz, Assistant General Manager Kevin
Woodhouse, General Counsel Sheryl Schaffner, Assistant General
Counsel Hilary Stevenson and Real Property Agent Allen Ishibashi The Board selected Secretary Cyr to act as President Pro Tem for the meeting. The Board convened into closed session at 5:00 p.m.
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(GOVERNMENT CODE SECTION 54956.9(b))
One potential case
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Portions of the following properties identified as Santa Clara County
Assessor Parcel Numbers 562-04-014, 562-08-012, and 562-22-017
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Scott McQueen and Michael Rossetta
Under Negotiation: Terms of real property transactions
Meeting 15-24 Page 2
REGULAR MEETING
CALL TO ORDER
President Pro Tem Cyr called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, and Curt Riffle
Members Absent: Yoriko Kishimoto and Pete Siemens
Staff Present: Assistant General Manager Ana Ruiz, Assistant General Manager Kevin
Woodhouse, General Counsel Sheryl Schaffner, and District Clerk
Jennifer Woodworth
President Pro Tem Cyr reported the Board met in closed session, and no reportable action was
taken.
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Harris seconded the motion to adopt the agenda.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent.)
CONSENT CALENDAR
1. Approve September 9, 2015 Board Meeting Minutes.
2. Approve Claims Report
3. Board Code of Conduct, Board/Staff Relationship Policy, and Written
Communications Policy (R-15-138)
General Manager’s Recommendation: Approve the Board Code of Conduct and revisions to the
Board-Staff Working Relationships and Written Communications Policies.
4. Update to the 1978 Board Policy “Policies on Concessions on District Lands,” and
New Fee Structure (R-15-139)
General Manager’s Recommendation: Review and approve the Legislative, Funding, and Public
Affairs Committee’s recommended updates to the 1978 Board Policy “Policies on Concessions
on District Lands,” and adopt a resolution approving the recommended new fee structure.
Meeting 15-24 Page 3
5. Revisions to Board Policy 3.03, Public Contract Bidding, Vendor and Professional
Consultant Selection, and Purchasing Policy (R-15-127)
General Manager’s Recommendation: Approve an amendment to Board Policy 3.03, Public
Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy, to
extend the period of prequalification for professional services from 2 years to 4 years.
6. Contract Amendments for Hazardous Materials Consulting Services (R-15-140)
General Manager’s Recommendation:
1. Approve a contract amendment and term extension with Hazardous Management
Services, Inc., extending the contract two years through August 2018 and increasing the
contract by $50,100, for a total amount not-to-exceed $75,000 to provide hazardous
materials consulting services.
2. Approve a contract amendment and term extension with SCA Environmental, Inc.,
extending the contract two years through August 2018 and increasing the contract by
$50,100, for a total amount not to exceed $75,000 to provide hazardous materials
consulting services.
7. Funding of the United States Geologic Survey Streamgaging Station on San
Gregorio Creek (R-15-137)
General Manager’s Recommendation: Authorize the General Manager to enter into a contract
with the San Mateo County Resource Conservation District, for an amount not-to-exceed
$27,950, to provide funding for the United States Geological Survey’s Streamgaging Station on
San Gregorio Creek.
8. Contract for Completion of the Paulin and Houghton Remediation and Demolition
Project at La Honda Creek Open Space Preserve and Debris Removal at El Corte de
Madera Creek Open Space Preserve (R-15-143)
General Manager’s Recommendation: Authorize the General Manager to enter into a contract
with Randazzo Enterprises, Inc. of Castroville, CA, for a not-to-exceed amount of $91,437 to
complete the Paulin and Houghton Remediation and Demolition Project at the La Honda Open
Creek Space Preserve and debris removal at El Corte de Madera Creek Open Space Preserve.
The not-to-exceed amount includes a base bid of $74,520 and an additive alternate of $4,990 for
demolition, remediation, and clean-up, and a 15% contingency amount of $11,927.
Motion: Director Riffle moved and Director Hanko seconded the motion to adopt the Consent
Calendar.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent.)
BOARD BUSINESS
9. City of San Carlos Ballot Measure V for Purpose of the Acquisition and
Improvement of the Black Mountain Properties as a Public Park (R-15-141)
Meeting 15-24 Page 4
Assistant General Manager Kevin Woodhouse provided the staff report describing San Carlos
Ballot Measure V, the Black Mountain property, and the proposed planning process for Black
Mountain use if Measure V is approved. Mr. Woodhouse outlined several alternatives for
responding to a request from the “Save Black Mountain - Yes on V” campaign for the Board of
Directors to endorse Measure V.
Director Riffle inquired regarding lack of a plan for the Black Mountain property.
City of San Carlos Special Projects Director Elaine Costello stated the property is currently for
sale and explained that due to the terrain of the property, intense recreational uses will most
likely not be feasible. The ballot language states that the property will be preserved for tranquil
trails.
Director Hanko provided comments regarding the rarity of receiving endorsement requests for
city ballot measures and inquired if any trail connections are foreseen for the property.
Ms. Costello explained the Black Mountain property would help allow for the creation of a trail
network to link passive open space.
Director Hassett inquired if the City of San Carlos has done research regarding the number of
residences that would be possible on the property.
Ms. Costello explained San Carlos planning staff has determined the property would allow for up
to 100 homes.
Director Hassett asked how long the property has been on the market.
Ms. Costello stated that a portion of the property has been on the market for approximately ten
years but another portion was sold in recent years.
Director Harris provided comments regarding the value of the Black Mountain property as a
“central spoke” for trail connections within San Carlos. Director Harris also provided comments
regarding the Black Mountain Springs as an asset for providing water to the property. Finally,
Director Harris described the history of San Carlos and its parks.
Public comments opened at 7:30 p.m.
Laura Teutschel resident of San Carlos spoke in support of preserving the Black Mountain
properties as open space. Ms. Teutschel also spoke regarding the planned public process for
determining the uses for the property.
Mike Adeylott spoke regarding the community’s involvement related the proposed purchase of
Black Mountain and San Carlos Ballot Measure V. Mr. Adeylott also discussed the planned
public process for determining the uses for the property and the bond oversight committee.
Catherine Wormington, speaking on behalf of the San Carlos Education Foundation, stated the
organization’s support for Measure V. Ms. Wormington provided additional comments regarding
the potential strain on schools and park land that could be caused by additional homes being built
on Black Mountain.
Meeting 15-24 Page 5
Andrew Taylor, resident of San Carlos and treasurer of the “No on Measure V” campaign, spoke
regarding the current ownership of the land by developers and proposed number of homes for the
property. Mr. Taylor also spoke regarding the lack of a plan for the property by San Carlos and
the high cost per acre for the proposed property purchase.
Public comments closed at 7:43 p.m.
Director Harris spoke regarding San Carlos historic park planning process. Director Harris also
provided comments regarding the proposed cost of the property as compared to the purchase
prices of many of the District’s purchases.
Director Hassett expressed his concerns regarding the cost of the bond measure and described the
concerns that have been relayed to him by his constituents.
Director Hanko expressed her support for Measure V.
Director Harris provided comments regarding the number of endorsements for Measure V and
previous District actions related to decisions made by other cities within the District’s sphere of
influence.
Director Cyr stated his support for open space but expressed his concerns regarding the District
endorsing city ballot measures.
Director Riffle provided comments on the lack of open space in cities and expressed his support
for preserving open space.
Motion: Director Harris moved, and Director Hanko seconded the motion to refer to the
Legislative, Funding and Public Affairs Committee a work item for later in the fiscal year to
develop a policy concerning endorsements of ballot measures and legislative advocacy.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent.)
Motion: Director Harris moved, and Director Hanko seconded the motion to support Measure V,
finding that a public park with a mixture of open space and recreation is more aligned with the
District’s mission than is the possibility of the property being privately developed. The Board
directs staff to send a letter stating the District’s endorsement, and encouraging a significant
percentage of passive open space and trails in the final plan for the park.
VOTE: 4-1-0 (Director Hassett opposed; Directors Kishimoto and Siemens absent.)
Director Hassett requested that his reason for opposing the motion be included in the record.
Director Hassett stated his support of open space and stated his preference for alternative 2 that
the District take a neutral position on Measure V and encourage passive open space for Black
Mountain if the property is purchased.
Director Riffle announced he will be recusing himself from voting on Item 10.
Board recessed at 8:26 p.m. and the Board reconvened at 8:33 p.m. with Directors Cyr, Hanko,
Harris, and Hassett present.
Meeting 15-24 Page 6
10. Santa Cruz Mountains Stewardship Network Memorandum of Agreement (R-15-
142)
Assistant General Manager Kevin Woodhouse provided the staff report describing the Santa
Cruz Mountains Stewardship Network including the areas included and the current network
participants. Mr. Woodhouse summarized the meetings already held and the work currently
completed by the Stewardship Network. Finally, Mr. Woodhouse described the next steps
including signing the Memorandum of Agreement, development of the project list, and further
engagement of partner agencies and organizations.
Director Hanko expressed her desire to attend a future meeting of the Stewardship Network and
expressed her belief that more agencies should be sending elected officials to the meetings to
allow those representatives to report back to their colleagues on the elected body.
Director Harris inquired regarding the level of funding for the project.
Mr. Woodhouse explained that many of the foundations currently providing funding for the
Network have expressed interests in continuing their funding; however, no written commitments
have currently been made.
Public comments opened at 9:03 p.m.
No speakers present.
Public comments closed at 9:03 p.m.
Motion: Director Hassett moved, and Director Harris seconded the motion to authorize the
General Manager or his designee to sign on to the Memorandum of Agreement for the Santa
Cruz Mountains Stewardship Network.
VOTE: 4-0-0 (Directors Riffle, Kishimoto and Siemens absent.)
INFORMATIONAL REPORTS
A. Committee Reports
No Committee reports.
B. Staff Reports
No staff reports.
C. Director Reports
The Board members submitted their compensatory reports.
Director Harris reported she attended the Bay Area Open Space Council event last week.
Meeting 15-24 Page 7
Directors Harris, Riffle, Hassett, and Cyr, reported their attendance at the District’s Volunteer
Recognition Event on Saturday and thanked staff for their efforts in organizing and putting
together the event.
ADJOURNMENT
President Pro Tem Cyr adjourned the Special Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:10 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk