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HomeMy Public PortalAbout20101013 - Minutes - Board of Directors (BOD) Midpeninsula Regional Open Space District Meeting 10-26 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 13,2010 AMENDED MINUTES SPECIAL MEETING I. ROLL CALL Vice President Hassett called the Special Meeting to order at 5:30 p.m. Members Present: Pete Siemens,Nonette Hanko, Cecily Harris, Jed Cyr, Curt Riffle and Larry Hassett Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman, Planning Manager Ana Ruiz, Interim Assistant General Counsel James Atencio, Senior Resource Planner Kirk Lenington II. CLOSED SESSION The Closed Session commenced at 5:30 p.m. and concluded at 6:55 p.m. REGULAR MEETING I. ROLL CALL Vice President Larry Hassett called the Regular Meeting to order at 7:00 p.m. Members Present: Jed Cyr,Nonette Hanko, Cecily Harris (arrived at 5:50 p.m.), Curt Riffle, Pete Siemens, and Larry Hassett Members Absent: None I I Meeting 10-25 Page 2 Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman, Operations Manager David Sanguinetti, Public Affairs Manager Rudy Jurgensen, Planning Manager Ana Ruiz, Real Property Manager Mike Williams, Senior Real Property Specialist Sandy Sommer, Real Property Specialist Michael Reeves, Interim Assistant General Counsel James Atencio, and District Clerk Michelle Radcliffe. Vice President Hassett stated that there were no reportable items from Closed Session Agenda Item Numbers I and 2. Vice President Hassett spoke briefly about President Davey and dedicated the Board meeting in her memory. 11. ORAL COMMUNICATIONS Shari Emling and Karen Lemes, both of Los Altos Hills, spoke about President Mary Davey and urged the Board to oppose the Heifer International Project at Hidden Villa. III. ADOPTION OF AGENDA Motion: Upon motion by Director Cyr, seconded by Director Riffle, and unanimously passed,the Board approved adoption of the agenda. (Vote: 6-0-0) IV. INTRODUCTION OF NEW DISTRICT STAFF General Counsel Sue Schectman introduced Interim Assistant General Counsel James Atencio to the Board. V. ADOPTION OF CONSENT CALENDAR Motion: Upon motion by Director Siemens, seconded by Director Riffle, and unanimously passed, the Board approved adoption of the Consent Calendar to approve the Board Minutes dated September 8, 2010; Approval of FY 2010-11 Annual Claims List; and Revised Claims 10-20. (Vote: 6-0-0) Mr. Atencio thanked the Board and the District for giving him the opportunity to work for the District. VI. BOARD BUSINESS A. Agenda Item 4—Election of Board Officers for the Remainder of Calendar Year 2010 (R-10-114) Vice President Hassett explained the voting procedure for the election of officers for the remainder of Calendar Year 2010. He stated that the Board will need to elect a new President due to the death of President Davey on October 2, 2010, and that other Board Officers may need to be elected as well. Director Riffle stated that he would like to remain as the Treasurer for the remainder of the year. Director Hanko nominated Vice President Hassett as the Board President. Meeting 10-25 Page 3 Motion: Upon motion by Director Hanko, seconded by Director Cyr, and unanimously passed,the Board approved closing nominations for Board President. (Vote: 6-0-0) Vote: By written ballot, Vice President Hassell was elected as Board President. (Vote: 6-0-0) Brief discussion was held on the electing Vice President and Director Riffle nominated Director Hanko as the Vice President. Motion: Upon motion by Director Siemens, seconded by Director Cyr, and unanimously passed,the Board approved closing nominations for Board Vice President. (Vote: 6-0-0) Vote: By written ballot, Director Hanko was elected as Board Vice President. (Vote: 6-0-0) The Board determined that there was no need to conduct any other Board Officer elections. B. Agenda Item 5—Approve the Advertising and Recruitment Process for Filling the Ward 2 Board Vacancy for the Current Term ending January 2, 2011 and Determine Whether to Commence the Advertisement and Recruitment Process for Filling the Forthcoming Ward 2 Vacancy in the Term Commencing January 3, 2011 (R-10-118) Ms. Schectman provided an overview of the recruitment process to fill the vacant Ward 2 Director seat. She explained that due to the timing of the vacancy for which President Davey was an unopposed candidate, and due to changes in the statute regarding the filling of vacancies, the Board needed to establish a process for filling vacancies in two separate terms for Director of Ward 2: the current term which expires on January 2,2011, and the succeeding term which begins on January 3, 2011. Ms. Schectman further explained that because of the unique timing of the vacancy, filling the vacancy for the current term by a special election is not possible and that it is recommended that the Board determine that it will appoint a person to fill the vacancy for the current term in Ward 2 to serve until the expiration of the current term on January 2, 2011 She also explained that the Board will need to determine the procedures it wishes to follow to fill the vacancy in Ward 2 for both the current term and forthcoming term. Discussion was held on the recruitment documentation. Director Harfis Riffle requested that the application be amended to include a list of references for the applicant as well as including a job description for Board Director. Extensive discussion was held on the general criteria for appointment of a Director and the proposed recruitment schedule. Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board approved filling the Ward 2 Board vacancy for the term ending January 2, 2011 by appointment and approved the advertising and recruitment process. (Vote: 6-0-0) Meeting 10-25 Page 4 Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, should the Board choose at a future meeting to appoint a person to fill the forthcoming Ward 2 vacancy, the Board approved to begin the recruitment process for the forthcoming Ward 2 vacancy commencing January 3,2011 and approved the advertising and recruitment process. (Vote: 6-0-0) Motion: Upon motion by Director Cyr, seconded by Director Hanko, and unanimously passed, the Board approved the application form used as amended. (Vote: 6-0-0) Motion: Upon motion by Director Hanko, seconded by Director Siemens, and unanimously passed,the Board re-affirmed the general criteria for appointment as amended. (Vote: 6-0-0) Brief discussion was held on the interview process. Director Riffle expressed concern regarding applicants being seated in the audience during the Board interviews and suggested that applicants be sequestered so that they will hear Board questions for the first time during their interview. Ms. Schectman stated that having applicants sequestered would not be permissible since the Board interviews are conducted at a public meeting and sequestering applicants would prevent an applicant from attending a public meeting. Brief discussion ensued. Motion: Upon motion by Director Siemens, seconded by Director Harris, the Board approved re-affirmed procedures for interviews. (Vote: 5-1-0; Noes: Riffle) Brief discussion was held on the proposed schedule of appointment. District Clerk Michelle Radcliffe stated that the schedule was amended to have the Board screen applications at its November 17`h Regular Board meeting. President Hassett stated he would not be attending the Board meeting on November 17`h and requested that applications be sent to him via e-mail. Brief discussion ensued. Motion: Upon motion by Director Siemens, seconded by Director Cyr, and unanimously passed,the Board approved the proposed schedule of appointment as amended. (Vote: 6-0-0) C. Agenda Item 6a—Approve the purchase of the Slaght Trust property as an addition to the Mount Umunhum Area of Sierra Azul Open Space Preserve, located at 18171 Pheasant Road, Los Gatos, California(Santa Clara County Assessor's Parcel Number 537-10-003); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act (R-10-114) Real Property Manager Mike Williams gave an overview of the Slaght Trust property and described where the property was located and that it would be part of the Sierra Azul Open Space Preserve. He reported that the property has two residential structures on the property and that the District has been renting one of the structures as an employee residence since 1999. Mr. Williams noted that the rented structure at the Meeting 10-25 Page 5 Slaght property is the only employee residence in the Sierra Azul area, which is approximately 18,000 acres,and that the purchase would increase the District's presence in the area. He summarized the terms of the agreement and reported that the purchase price for the 20 acre property is $2,025,000. Director Riffle expressed concern about the District purchasing property at this price and brief discussion ensued. Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously passed, the Board approved the purchase of the Slaght Trust property as an addition to the Mount Umunhum Area of Sierra Azul Open Space Preserve. (Vote: 6-0-0) President Hassett stated that President Davey attended the Real Property Committee meeting on behalf of himself when the Committee visited the Slaght property and shared that President Davey would be happy that the District purchased the property. D. Agenda Item 6b—Consider Approval of an Amendment to the Preliminary Use and Management Plan for the Slaght Property at Sierra Azul Open Space Preserve to Allow Use as a Temporary South Area Field Staff Facility; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act (CEQA) (R- 10-117) Sandy Sommer provided an overview of the Preliminary Use and Management plan for the Slaght property at Sierra Azul Open Space Preserve and reported that one of the residential structures would be used as a temporary south area field office. Ms. Sommer also reported that amending the Preliminary Use and Management plan would qualify for a Categorical Exemption in accordance with CEQA. Brief discussion was held on staffing levels, equipment, and notification to neighbors near the property. Mr. Abbors informed the Board that having this field office positions the District to be more effective in the Mount Umunhum/Sierra Azul area. Motion: Upon motion by Director Siemens, seconded by Director Cyr, and unanimously passed, the Board approved amending the Preliminary Use and Management Plan for the Slaght Property at Sierra Azul to allow use as a temporary South Area field staff facility and approved the Categorical Exemption in accordance with CEQA. (Vote: 6-0-0) E. Agenda Item 7—Approve the purchase of the Powell property as an addition to Monte Bello Open Space Preserve, located at 17281 Stevens Canyon Road in unincorporated Santa Clara County (Assessor's Parcel Number 351-26-002); Adopt of the Preliminary Use and Management Plan; and Approve a Categorical Exemption in accordance with the California Environmental Quality Act(R-10-95) Real Property Specialist Michael Reeves provided an overview of Powell property and presented pictures of the property as well as structures that are currently on the site. He reported that staff recommends that the structures be demolished and to restore the site to its natural condition. Mr. Reeves summarized the terms of the agreement and reported that the purchase price will be $1,000,000 for 33.5 acres and that the property would be an addition to the Monte Bello Open Space Preserve. Brief discussion was Meeting 10-25 Page 6 held on accessing the property and creating a partnership with the County of Santa Clara to acquire other property surrounding the Powell property. Director Riffle commented that the District should send a strong message that District would like to partner with the County on land acquisitions regarding this property. Motion: Upon motion by Director Siemens, seconded by Director Riffle, and unanimously passed, the Board approved the purchase of the Powell property as an addition to Monte Bello Open Space Preserve, adopted the Preliminary Use and Management Plan, and approved a Categorical Exemption in accordance with the California Environmental Quality Act. (Vote: 6-0-0) F. Agenda Item 8 - Consideration of Adoption of Resolution in Opposition to Statewide Proposition 23 on the November 2, 2010 Ballot(R-10-111) Public Affairs Manager Rudy Jurgensen provided an overview of Proposition 23 and explained the reasons for staff s recommendation to oppose it. Motion: Upon motion by Director Hanko, seconded by Director Harris, and unanimously passed, the Board approved adoption of a resolution in opposition to Statewide Proposition 23 on the November 2, 2010 Ballot. (Vote: 6-0-0) VI. INFORMATIONAL REPORTS COMMITTEE REPORTS Director Harris reported that the Real Property Committee met on October 5 1h to view the Bergman property and that the Board will receive the Committee's recommendation for consideration at future meeting. Director Cyr reported that the Sierra Azul/Bear Creek Redwoods Ad Hoc Committee met on October I't for a tour of Alma College. He stated that there are a number of inhabitable buildings on the site and that the Board will need to discuss options on those buildings. President Hassett reported that the Use and Management Committee met on September 28th in San Carlos to discuss opening an additional preserve gate at Pulgas Ridge Open Space Preserve and creating a connector trail from the new Preserve entrance to the Dusky-Footed Woodrat Trail. He stated that the proposed project is ajoint project with the City of San Carlos and that the meeting was attended by a number of residents who were very vocal. President Hassett stated that the Board would benefit from training for meeting facilitation. Director Riffle added that the project is ajoint partnership with the City of San Carlos and that the Committee made it very clear that the City will need to determine how they will proceed before the District makes its decisloiiaiid that the 1 f;C1 AA`11 C-111 I - ­­OMA, sttit. Director Siemens added that the Committee requested staff to contact the San Francisco Public Utilities Commission, who owns property adjacent to the area, and to work with them on options for trails on their property. Director Siemens reported that the Facilities Improvement Ad Hoc Committee met to discuss the Skyline Field Office Remodel. Meeting 10-25 Page 7 STAFF REPORTS Mr. Jurgensen reported that he and Director Siemens visited Mount Umunhum with Dan West, a member of Senator Diane Feinstein's staff. Acting Administrative Services Manager Annetta Spiegel provided an update on the classification and compensation study. She explained that the draft recommendations for job descriptions, the allocation list, title changes, and re-classifications have been received and stated that the comparator benchmark agencies will be brought to the Board on October 27'h for consideration. Ms. Spiegel also reported that staff attended a training session on interest- based bargaining with a state agency mediator. Planning Manager Ana Ruiz reported that the Army Corps of Engineers awarded the contract for the Mount Umunhum abatement project on September 24th, stated that the Pond DR06 restoration project has been completed and that it is now set as a volunteer project to start on November 4th Ms. Schectman reported she is working on the Pond DR06 engineering issues. Mr. Abhors provided a brief report on the San Gregorio stream gauge and stated that the District negotiated a deal and that the residents would like the District to continue with the work currently being done there. He reported that he was able to tell President Davey about the Mount Umunhum event and that the he received great compliments regarding the event as well as the Bridle Trail event that was held on October 2"d DIRECTOR REPORTS The Directors submitted their compensable meeting forms to the District Clerk. Director Siemens requested that the Notice of Vacancy for Ward 2 be sent to District docents and volunteers. Director Riffle acknowledged staff for doing a great job on the Mount Umunhum and Thomewood Trail Dedication events. He also requested that the Board receive training for meeting facilitation. Director Cyr provided a brief report on the tour of Alma College tour. President Hassett acknowledged staff for the work on the Mount Umunhum event. He also requested that staff work on streamlining the compensable form process. Lastly, President Hassett presented President Davey, as the outgoing District President, a gift to acknowledge her work as Board President for the year. Meeting 10-25 Page 8 VIL ADJOURNMENT President Hassett adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:40 p.m. Michelle Radcliffe, CMC District Clerk