HomeMy Public PortalAbout20110126 - Minutes - Board of Directors (BOD) ' ( Midpeninsula Regional
Open Space District
Meeting 11-03
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
January 26, 2011
AM E N D E D MINUTES
SPECIAL MEETING
I. ROLL CALL
President Hassett called the Special Meeting to order at 5:30 p.m.
Members Present: Pete Siemens, Cecily Harris, Jed Cyr, Yoriko Kishimoto, Curt Riffle
and Larry Hassett
Members Absent: Nonette Hanko
Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman,
Labor Negotiator Deborah Glasser-Kolly, Administrative Services
Manager Kate Drayson, Human Resources Analyst Annetta Spiegel,
Accounting Specialist Bunny Congdon, and Operations Manager David
Sanguinetti.
11. CLOSED SESSION
The Closed Session commenced at 5:30 p.m. and concluded at 6:50 p.m.
Meeting 11-03 Page 2
REGULAR MEETING
I. ROLL CALL
President Hassett called the Regular Meeting to order at 7:00 p.m.
Members Present: Jed Cyr, Cecily Harris, Yoriko Kishimoto, Curt Riffle, Pete Siemens,
and Larry Hassett
Members Absent: Nonette Hanko
Staff Present: General Manager Steve Abbors, General Counsel Sue Schectman,
Public Affairs Manager Rudy Jurgensen, Planning Manager Ana Ruiz,
Operations Manager David Sanguinetti, Real Property Manager Mike
Williams, Administrative Services Manager Kate Drayson, Interim
Assistant General Counsel James Atencio, Open Space Planner 11 Matt
Baldzikowski, Senior Real Property Planner Sandy Sommer, and
District Clerk Michelle Radcliffe.
President Hassett stated that there were no reportable items from Closed Session Agenda
Items Number I and Number 2.
11. ORAL COMMUNICATIONS
There were none.
111. SPECIAL ORDERS OF THE DAY
General Manager Steve Abbors;reported that a Resolution to honor the retirement of East Bay
Regional Parks District's General Manager Pat O'Brien is being brought forward to the Board
for consideration and he announced that a retirement event is being held for Mr. O'Brien on
Saturday, January 291h in Richmond.
Motion: Upon motion by Director Cyr, seconded by Director Harris, and unanimously
passed, the Board approved the resolution to honor the retirement of East Bay Regional Parks
District General Manager Pat O'Brien. (Vote 6-0-0; Absent: Hanko)
IV. ADOPTION OF AGENDA
President Hassett announced that Agenda Items No. #1 through#7 would be heard first and
that the Board will adjourn to the Special Meeting of the Midpeninsula Regional Open Space
District Financing Authority to accommodate Supervisor Kniss' schedule.
Motion: Upon motion by Director Cyr, seconded by Director Siemens, and unanimously
passed, the Board adopted the agenda as amended. (Vote: 6-0-0; Absent: Hanko)
Meeting 11-03 Page 3
V. ADOPTION OF CONSENT CALENDAR
Motion: Upon motion by Director Riffle, seconded by Director Cyr, and unanimously
passed, the Board approved adoption of the Consent Calendar to approve the FY 2010-11
Annual Claims List; Annual Dedication Report, Minutes of December 8, 2010, and
December 9,2010, as amended; and Revised Claims 11-02. (Vote: 6-0-0; Absent: Hanko)
VI. BOARD BUSINESS
A. Agenda Item 6—Appointment of Standing and Ad Hoc Committee Members for
Calendar Year 2011 (R-I 1-13)
President Hassett briefly explained that his Committee recommendations were
intended to balance the work load of staff and the Directors. Director Riffle expressed
appreciation on the due diligence President Hassett and staff on providing feedback to
the Committee recommendations.
Motion: Upon motion by Director Riffle, seconded by Director Kishimoto, and
unanimously passed, the Board approved the appointment of Standing and Ad Hoc
Committee members for Calendar Year 2011. (Vote: 6-0-0, Absent: Hanko)
B. Agenda Item 7—Appointment of District Representatives to the Governing Board of
the Midpeninsula Regional Open Space District Financing Authority(R-11-01)
Motion: Upon motion by Director Cyr, seconded by Director Siemens, and
unanimously passed, the Board approved the appointment of District representatives to
the Governing Board of the Midpeninsula Regional Open Space District Financing
Authority. (Vote: 6-0-0; Absent: Hanko)
C. Agenda Item 8—Award of Contract to Complete Remediation Design and Perform
Construction Oversight for the Remediation of Mercury Mine Waste at Hicks Flat
within Sierra Azul Open Space Preserve(R-1 1-19)
Open Space Planner 11 Matt Baldzikowski presented an overview of Hicks Flat within
the Sierra Azul Open Space Preserve and provided background information on the
remediation work to be conducted at the mercury mine waste site. He explained that
the District received four bids for the work and that it was determined that GEOCON
Consultants submitted the proposal with the best combination of expertise, staffing,
and project approach, as well as a competitive fee to provide the remediation work
required.
Director Riffle asked how the District determines how contractors are chosen and
General Counsel Sue Schectman explained that the Board established a policy
determining criteria for contract selection. She further explained that state statute
prevents the District from choosing certain categories of professional consultants
based on cost alone, and that the District is required to evaluate proposals based on
each finn's expertise,project experience and other factors. Cost is then considered in
negotiating a contract with the firm considered most qualified.
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Director Harris asked if the contingency amount included in the contract would be
enough to cover the project costs since the District does not know what kind of
remediation work will be needed at the site. Mr. Baldzikowski explained that the
recommended contingency amount(12%of contract amount) has been sufficient for
similar projects in the past and that if the contingency amount was not sufficient, staff
will need to go to the Board to authorize more funding. Brief discussion ensued.
Motion: Upon motion by Director Siemens, seconded by Director Riffle, and
unanimously passed, the Board authorized the award of contract to GEOCON
Consultants to complete remediation design and perform construction oversight for the
remediation of mercury mine waste at Hicks Flat within Sierra Azul Open Space
Preserve. (Vote: 6-0-0; Absent: Hanko).
The Regular Meeting of the Midpeninsula Regional Open Space District adjourned at
7:27 p.m.
VIL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY
BUSINESS
President Hassett called the Special Meeting of the Midpeninsula Regional Open Space
District Financing Authority to order at 7:27 p.m. with Directors Hassett, Kishimoto, Siemens,
Riffle and Supervisor Kniss present.
A. Agenda Item I —Confirmation of the Officers of the Midpeninsula Regional Open
Space District Financing Authority for Calendar Year 2011 (R-I 1-15)
Motion: Upon motion by Director Kishimoto, seconded by Director Cyr, and
unanimously passed, the Board confirmed the officers of the Midpeninsula Regional
Open Space District Financing Authority for Calendar year 2011. (Vote: 5-0-0)
B. Agenda Item 2—Acceptance of the Authority Controller's Annual Financial Report
of the Midpeninsula Regional Open Space District Financing Authority(R-11-07)
Motion: Upon motion of Supervisor Kniss, seconded by Director Riffle, and
unanimously passed, the Board accepted the Authority Controller's Annual Financial
Report of the Midpeninsula Regional Open Space District Financing Authority.
(Vote: 5-0-0)
President Hassett acknowledged Supervisor Kniss and thanked her for coming to the
annual meeting of the Authority.
The Regular Meeting of the Midpeninsula Regional Open Space District Finance
Authority adjourned at 7:31 p.m.
Vill BOARD BUSINESS
President Hassett reconvened the Regular Meeting of the Midpeninsula Regional Open
Space District at 7:31 p.m. with Directors Cyr, Harris, Kishimoto, Hassett, Siemens,
and Riffle present.
Meeting 11-03 Page 5
D. Agenda Item 9— Legislative Program for FY2011-12 (R-11-21)
Public Affairs Manager Rudy Jurgensen provided a summary of the District's
Legislative Program for FY2010-11 and gave an overview of the program for
FY2011-12. Discussion was held extending the repayment period for the District's 20
year promissory notes to 30 years. Mr. Abbors explained that extending the note
repayment period can extend the District's ability to purchase land.
Discussion ensued on the top three legislative priorities of the District and Director
Riffle stated that a future funding measure for the District should be a priority. Mr.
Abbors stated that a future funding measure is a priority and that the District will need
to define what the funding measure will entail and ensure that the public understands
it. Director Kishimoto asked that staff keep a look out for legislation regarding
climate change.
Motion: Upon motion by Director Siemens, seconded by Director Cyr, and
unanimously passed, the Board accepted the District's Legislative Program for
FY2011-12. (Vote: 6-0-0; Absent: Hanko)
VI. INFORMATIONAL REPORTS
COMMITTEE REPORTS
Director Riffle reported that the Administration and Budget Committee met on January 2-75,
2011, and stated that District Controller Mike Foster provided a report on the District's
finances. He also reported that the Committee received a presentation on the Districts first
five-year forecast and that staff presented recommendations for the Board to consider at a
future Board meeting.
STAFF REPORTS
Planning Manager Ana Ruiz reported that staff sent the Board an e-mail providing an update
on the Mount Umunhum Remediation and Restoration project and reported that a notice was
sent to neighbors along Mount Umunhum Road as well. Ms. Ruiz also reported that staff is in
the process of submitting a grant application to the Five Star Restoration Grant Program to
conduct work on two ponds located on the Driscoll Ranch property.
Mr. Abbors reported that he met with Peninsula Open Space Trust (POST) and stated that
Audrey Rust had announced her retirement from POST. He further reported that POST Vice
President Walter Moore will succeed Ms. Rust.
Director Riffle questioned whether staffs attendance at Board meetings is a good use of staff
time and brief discussion ensued. Mr. Abbors stated he would speak with the Management
Team to gather input and will provide an update at the next Board meeting.
Meeting 11-03 Page 6
DIRECTOR REPORTS
The Directors submitted their compensable forms to the District Clerk.
Director Riffle offered to assist in any District events honoring Ms. Rust's retirement.
Director Harris reported that she hiked the Sierra Azul Open Space Preserve with the Sierra
Day Hikers and that the group hiked a total of twenty miles.
Director Kishimoto stated she would also be in support of any District events honoring Ms.
Rust's retirement and asked the General Manager if a Board retreat would be scheduled. Mr.
Abbors asked the Board to send suggestions on topics that could be discussed at a Board
retreat to the District Clerk.
Director Cyr commented that he favored receiving District incident reports on a semi-annual
basis rather than monthly.
President Hassett reported that he participated in a snow hike along Marta's Creek and shared
his experiences with the Board. He also reminded the Board that any recognition events for
Ms. Rust will be evaluated in the Legislative, Funding and Public Affairs Committee.
V11. ADJOURNMENT
President Hassett adjourned the Regular Meeting of the Board of Directors of the
Mid peninsula Regional Open Space District at 8:39 p.m.
Michelle Radcliffe, CMC
District Clerk