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HomeMy Public PortalAbout20100324 - Minutes - Board of Directors (BOD) i Midpeninsula Regional ' f Open Space District Meeting 10-10 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MARCH 24,2010 MINUTES REGULAR MEETING I. ROLL CALL President Mary Davey called the Regular Meeting to order at 7:00 p.m. Members Present: Pete Siemens, Cecily Harris, Jed Cyr, Nonette Hanko, Larry Hassett, Curt Riffle, and Mary Davey 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, Operations Manager David Sanguinetti, Assistant General Counsel Duncan Simmons, Administrative Assistant Theresa Walz, Interim j Administration/Human Resources Manager Annetta Spiegel, Real Property Specialist Elaina Cuzick, Open Space Planner I Erica Simmons, Management Analyst Gordon Baillie, Public Affairs Specialist Kristi Britt II. ORAL COMMUNICATIONS None. i i III. ADOPTION OF AGENDA Motion: Upon motion by Director Hassett, seconded by Director Cyr, and unanimously passed, the Board approved adoption of the agenda(Vote 7-0-0)' Vote is indicated by(Vote: Ayes-Noes-Abstain) Meeting 10-10 Page 2 # IV. ADOPTION OF CONSENT CALENDAR Director Riffle requested to move Agenda Item 5 and Item 6 off the Consent Calendar and placed onto Board Business. Director Hanko questioned the petition attached to Mr. Foor's letter, and General Manager Steve Abbors stated he had contacted Mr. Foor. Director Cyr's suggested corrections were made to the February 24, 2010 Board Minutes. Director Cyr questioned if staff had responded to the Written Communication letter of Ms. Gale regarding the website link and Mr. Abbors stated staff will follow-up. Director Hanko questioned if an annual recusal statement is necessary for Claims and General Counsel Sue Schectman replied that the recusal statement is included in the Annual Claims report and that no further action is necessary. Motion: Upon motion by Director Siemens, seconded by Director Cyr, and unanimously passed, the Board approved adoption of the Consent Calendar to approve the Board Minutes dated February 24,2010 as corrected; the Written Communication letters to Daniel Foor and Sue Gale; Approval of FY 2010-11 Annual Claims List; and Revised Claims 10-07. (Vote: 7-0-0) V. BOARD BUSINESS A. Agenda Item 5—Authorize Extension of Contracts with Design Concepts for Graphic Design Services, with Direct Marketing Solutions, Inc. (DMSI) for Mailing Services, and with Patsons Press for Printing Services for Fiscal Year 2010-11 —(Report R-10- 50 Public Affairs Specialist Kristi Britt provided an overview for each contract and details of each vendor's work. Director Riffle requested an explanation regarding the cancellation term of which Ms. Britt explained to his satisfaction. Discussion ensued. Motion: Upon motion by Director Cyr, seconded by Director Riffle, and unanimously passed, the Board approved to authorize the extension of contracts with design concepts for graphic design services with Direct Marketing Solutions, Inc. for mailing services and with Patsons Press for printing services for Fiscal Year 2010-11. (Vote 7- 0-0) B. Agenda Item 6—Approval of Communications Site Lease Agreement Amendment (Lease) and Exercise of Options with New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, d/b/a AT&T Mobility(Lessee) at Pulgas Ridge Open Space Preserve—(Report R-10-55) Director Riffle sought clarification on the options to extend the agreement. Real Property Specialist Elaina Cuzick explained that the lease is for 25 years with four 5- year options and pointed out the amended report (highlighted in blue) with the changes red-lined. Meeting 10-10 Page 3 Motion: Upon motion by Director Riffle, seconded by Director Siemens, and unanimously passed, the Board approved the lease agreement amendment and exercise options with New Cingular Wireless PCS, LLC. (Vote 7-0-0) C. Agenda Item 7—Receipt of District Ombudsperson Carol Joyce's Report to the Board of Directors• Authorize the President of the Board of Directors to Execute a Fourth Amendment to the Ombudsperson Volunteer Agreement with Carol Joyce Extending the Agreement's Tenn to December 31, 2010—(Report—R-10-56) District Ombudsperson Carol Joyce presented her annual report and noted that she is going on her sixth year as the District's Ombudsperson. She requested to meet with the Legislative, Funding, and Public Affairs Committee(LFPAC). Director Hanko, Chair of LFPAC, agreed and stated that Ms. Joyce will be advised of future committee meetings. Director Hassett thanked Ms. Joyce for her dedication and stated that her service is appreciated by the District. He suggested arranging Ms. Joyce's future report to coincide with a Board meeting on the coast side. Director Hanko concurred. Discussion ensued. Mr. Abbors;thanked Ms. Joyce for her willingness to continue as the District's Ombudsperson. Motion: Upon motion by Director Hanko, seconded by Director Siemens, and unanimously passed, the Board received the annual report and authorized the Board President to execute a Fourth Amendment to the Ombudsperson Volunteer Agreement with Carol Joyce Extending the Agreement's Term to December 31, 2010. (Vote 7-0-0) D. Agenda Item 8—Adoption of the Midpeninsula Regional Open Space District FY 2010-11 Action Plan Consisting of a Summary of the District's Annual Work Plan and Detailed Information on Key Projects—(Report—R-10-42) Management Analyst Gordon Baillie gave a presentation on the District's Action Plan and noted that all requested changes were incorporated into the Action Plan. He provided a brief overview of the summary table and stated that the Action Plan process is still a work-in-progress. Mr. Baillie acknowledged staff who were involved in the process. Director Riffle complimented the improvement and integration between the Action Plan and the Budget and stated he would like to see a similar process next year. Discussion ensued. Mr. Abbors;thanked staff, especially Mr. Baillie, for his hard work. Motion: Upon motion by Director Siemens, seconded by Director Riffle, and unanimously passed, the Board adopted the FY 2010-11 Action Plan. (Vote 7-0-0) Meeting 10-10 Page 4 E. Agenda Item 9a—Approval of the Fiscal Year 2010-11 (FY2010-11) Budget— (Report—R-10-53) Director Riffle, as Chair of the Administration and Budget Committee(ABC), thanked the Committee members Director Cyr and Director Siemens, as well as Ms. Cuzick and Department Managers. He added that the ABC met five times with the close involvement of General Manager Steve Abbors and Controller Mike Foster. Director Riffle stated that this is his fourth budget cycle and that it was one of the most challenging due to many trade-offs and noted that the FY2010-11 Budget is a prudent budget and the best representation of tax dollars. He emphasized that this is the first year the 7% Guideline does not apply due to a flat growth in tax funds. He reviewed the ABC recommendations and noted that critical discussion is needed before the next fiscal year, and in addition,highlighted that a growing Salary and Benefits cost will have an impact on Services and Supplies. Ms. Cuzick reviewed the changes that occurred since the initial Budget presentation in February indicating the increase in Workers Compensation Insurance and the decrease in General Liability Insurance that resulted in a net savings of$1,000. She also provided a summary of the Operating Budget and Operating Growth Guideline and highlighted the unchanged target of$14.1 million. Discussion ensued. Motion: Upon motion by Director Hanko, seconded by Director Siemens, and unanimously passed, the Board approved the FY2010-11 Budget. (Vote 7-0-0) F. Agenda Item 9b—Adoption of the Budget for Fiscal Year 2010-11 (FY2010-11) Including a Two and One-Half(2.5) Point Salary Increase for all General Manager Appointed Employees—(Report R-10-54) Motion: Upon motion by Director Hanko, seconded by Director Siemens, and unanimously passed, the Board approved adoption of the budget for FY2010-11, including a two and one-half point salary increase for all General Manager Appointed employees. (Vote 7-0-0) G. Agenda Item 10—Authorization to Execute a Contract with Page &Turnbull, Inc., for Architectural and Engineering eering Consulting Services in an Amount Not to Exceed $82,500 to Complete the Programming Design, Bidding, and Construction Administration Phases of the Folger Ranch House Remodel and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act— Report R-10-40) Planning Manager Ana Ruiz gave a brief overview of the analysis conducted by staff on economical options for the Folger Ranch House project. Director Hanko questioned if this project would not replace the idea of a coastal field office and Mr. Abbors confirmed that it would not. Open Space Planner I Erica Simmons gave a presentation on the remodel project, photographs of the house, and noted items needing repair or replacement in the house. i Meeting 10-10 Page 5 Ms. Simmons reviewed the goals of the project and gave an overview of the future phases of the project. She indicated the overall project cost is estimated to be $297,500. Director Hanko asked questions regarding the electrical and heating issues of the house and questioned if gas is an option for heating. Ms. Simmons responded that several options, such as use of a pellet stove, were considered and stated that propane gas is available at the site. Director Hassett expressed concerns on the cost of the contract during the design phase and stated that in the private sector, the work could be done with an individual contractor at a lesser cost. He suggested looking into hiring a staff person with construction experience. Discussion ensued on the cost of the project and alternatives to a remodel. Ms. Ruiz expressed that she understood the Board's concerns and that staff also shared the same concerns regarding cost. She explained the legal requirements a public agency must follow when doing a public works contract, including being subject to public bidding and prevailing wages, which increases costs. Ms. Ruiz further noted that one cannot compare a public contract project to that of the private sector due to the numerous legal compliance requirements. Director Hassett thanked staff for the explanation and requested clarification on the design process. Ms. Ruiz said that the repair project will require County permits, thus also requiring stamped drawings for permit submittals. Director Hassett suggested that the District should hire staff with construction experience and Mr. Abbors explained that hiring additional staff could cost the District up to $140,000 per year in salary and benefits. Director Riffle thanked Directors Hassett and Siemens for their comments. He questioned if there were any options to reduce costs. Ms. Simmons said that staff did tailor the scope of work according to priorities as noted in the staff report. However, she noted that it is more efficient and cost-effective to group projects together without tenant presence. Director Riffle asked if staff could revisit the costs and emphasized that the District is an open space agency, not a structures agency. He stated he would like to minimize the number of structures on District lands and asked Real Property Manager Mike Williams about the value of the improvements. Mr. Williams responded that"prevailing wage"usually adds 50%to 100%more to a project and added that this is a facility that is critical for the Operations Department to establish a presence for the District in the area. General Counsel Sue Schectman explained that public agencies are subject to a variety of contracting and building laws, and she detailed some of the requirements the District must follow when undertaking a public works contract. Discussion ensued. Director Harris said she is still troubled and disappointed that one of the first projects related to the La Honda Creek Master Plan is this one rather than a trail and requested more information on the history of the project. Meeting 10-10 Page 6 r The Board expressed appreciation for the discussion and thanked staff for educating the Board on public contracting requirements. Motion: Upon motion by Director Hassett, seconded by Director Riffle, and unanimously passed, the Board authorized the General Manager to execute a contract with Page& Turnbull, Inc., for architectural and engineering consulting services of the Folger Ranch House remodel and determined the action is categorically exempt from the California Environmental Quality Act. (Vote 7-0-1: Abstain: Harris) Discussion: Director Riffle noted that Peninsula Open Space Trust's current partnership with the District is to help acquire land and questioned if this partnership could be used as a possible model to manage structures on District lands. Mr. Abbors responded that he would discuss that possibility with Mr. Williams. H. Agenda Item 11 —Authorization to Amend a Contract with Arcadis (formerly known as LFR, Inc.) for Engineering and Design Services for the Proposed Parking/Staging Area at El Corte de Madera Creek Open Space Preserve—(Report R-10-52) Mr. Abhors gave a brief introduction. Open Space Planner 11 Tina Hugg presented and reviewed the cost amendment in addition to background information about the project noting that the project spans a number of years. She showed the costs of the project's phases and concluded that they total up to $915,000. Director Harris asked from whom is the District acquiring the trail easement to connect to the Ridge Trail. Ms. Hugg responded that it is CalWater. Director Hassett asked whether or not a contingency existed in the previous contract. Ms. Hugg confirmed that a contingency had been included. Director Hassett asked if the proposed contingency would cover change orders. The previous contingency covered the project re-design plus revisions resulting from public comments during the planning process. The proposed contingency would cover change orders arising during the construction phase due to unforeseen circumstances. Director Riffle asked how much the asphalt added to the total cost. Ms. Hugg replied that it was significant. Director Riffle questioned if the trail work needed to wait three years and Ms. Hugg stated that it could start right away. Ms. Ruiz added that the trails will be phased-in over multiple years. Motion: Upon motion by Director Riffle seconded by Director Siemens, and unanimously passed, the Board authorized to amend the contract with Arcadis. (Vote: 7-0-0) VI. INFORMATIONAL REPORTS COMMITTEE REPORTS Use and Management Committee: Director Hassett reported that the Committee met on March 19, 2010 for a presentation on Schilling Lake and that a recommendation will be brought to the Board soon. He highlighted that the costs are lower than anticipated, and there were 18 members of the public attending the meeting. Meeting 10-10 Page 7 STAFF REPORTS Interim Administration and Human Resources Manager Annetta Spiegel gave an informal introduction of Michelle Radcliffe, the new District Clerk, and said she would officially start work on Monday, April 5, 2010. Planning Manager Ana Ruiz pointed out that the FYIs contained a schedule for the Mt. Tamalpias tour on April 22, 2010 and noted that President Davey would attend the tour in place of Director Harris. Real Property Manager Mike Williams pointed out the Closing Memo in the FYIs and said that Real Property Administrative Assistant Jean Chung had worked on some of those projects. General Manager Steve Abbors reported on his meeting with the City Manager of Mountain View about Deer Hollow Farm, Rancho San Antonio, and his Washington D.C. trip with Public Affairs Manager Rudy Jurgensen regarding Mt. Umunhum. He indicated that the Bay Area Open Space Council's annual conference will be on May 20, 2010 from 8:00 a.m. to 4:30 p.m. DIRECTOR REPORTS The Board members submitted their compensable meeting reports to the Clerk. Director Riffle complimented the meeting at Schilling Lake and stated he attended a"Meet Your Elected Officials"meeting with President Davey, and met other elected officials there. Director Harris commented on her evening, docent-led tour at Windy Hill and said there were four docents present and that the hike was both educational and enjoyable. Director Hanko reported that she is returning a lost meeting compensation check that was recently found. Director Cyr thanked General Manager Steve Abbors for providing the Mitigated Negative Declaration and that he read the report online. He noted that the District was mentioned in the Special District Magazine and commented about the article. Director Hassett reported that he attended the Farm Bureau meeting in early March and noted that Resource Specialist I Clayton Koopman was also present at the meeting. Director Hassett suggested that a discussion about charging for parking at District preserves should occur. President Davey reported she attended the League of Women Voters meeting and one of the subjects was Deer Hollow Farm. VII. ADJOURNMENT President Davey adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:50 p.m. Lisa Zadek, Recording Secretary II