Loading...
HomeMy Public PortalAbout20121212 - Minutes - Board of Directors (BOD) Midpeninsula Regional Open Space District Meeting 12-38 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 December 12,2012 MINUTES REGULAR MEETING—REGULAR SESSION 1. ROLL CALL President Riffle called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:00 p.m. Members Present: Jed Cyr, Yoriko Kishimoto, Pete Siemens, Larry Hassett,Nonette Hanko, Cecily Harris, and Curt Riffle Members Absent: None Staff Present: General Manager Steve Abhors, General Counsel Sheryl Schaffner, Interim Assistant General Manager Ana Ruiz, Natural Resources Manager Kirk Lenington, Operations Manager David Sanguinetti, Real Property Manager Mike Williams, Acting Public Affairs Manager Paul McKowan, Acting Public Affairs Manager Renee Fitzsimons, Administrative Services Manager Kate Drayson, Acting Planning Manager Tina Hugg, Interim Assistant General Counsel Tamara Galanter, Resource Management Specialist I Joel Silverman, Media Communications Supervisor Shelly Lewis, Media Communications Specialist Lallor Maune, and District Clerk Michelle Radcliffe Meeting 12-38 Page 2 11. ORAL COMMUNICATIONS Jeff Escallier of Los Gatos and representative of the Montevina Homeowners Association and the Citizens Group of Bohiman Road spoke to the Board about changing the District's policy of not allowing dogs at El Sereno Open Space Preserve and urged the Board to look at the concerns brought up by the Association and Citizens Group. Aviva Garrecht, resident of Bohiman Road in Los Gatos, also spoke in favor of changing the District's policy of not allowing dogs at El Sereno Open Space Preserve. 111. ADOPTION OF AGENDA Motion: Upon motion by Director Hassett, seconded by Director Siemens, the Board adopted the agenda. (Vote: 7-0-0) IV. SPECIAL ORDERS OF THE DAY General Manager Steve Abbors explained that Marin County Parks and Monterey Peninsula Regional Park District are celebrating their 401h Anniversary this year and that the resolutions brought to the Board are to honor that milestone. Motion: Upon motion by Director Hanko, seconded by Director Kishimoto, the Board approved the resolution honoring the 40th Anniversary of Marin County Parks. (Vote: 7- 0-0) Motion: Upon motion by Director Hanko, seconded by Director Siemens, the Board approved the resolution honoring the 40th Anniversary of Monterey Peninsula Regional Park District. (Vote: 7-0-0) V. ADOPTION OF CONSENT CALENDAR Motion: Upon motion by Director Cyr, seconded by Director Harris, the Board approved adoption of the Consent Calendar to approve the Minutes of November 28, 2012,; and Revised Claims No. 12-20. (Vote: 7-0-0) V. BOARD BUSINESS 1. Agenda Item #4— Informational Presentation on Argentine Ant Research (R-12-107) Resource Management Specialist I Joel Silverman introduced Deborah Gordon from Stanford University who gave an informational presentation on the Argentine ant study that was funded under the District's Resource Grants Program starting in 2007. She explained that researchers surveyed for Argentine ants in ten District preserves and found that the invasive ants are not present in six preserves but are established in the Fremont Older and Pulgas Ridge Open Space Preserves. Ms. Gordon also explained the model developed to predict the spread of Argentine ants in Fremont Older and Pulgas Ridge Open Space Preserves. Discussion ensued. Meeting 12-38 Page 3 Public Comment: Jeff Escallier of Los Gatos asked Ms. Gordon about solutions to the spread of the Argentine ant. No action was taken by the Board. 2. Agenda Item #5—Award of Contract for Interim Assistant General Counsel with the Law Firm of Shute, Mihaly, and Weinberger, LLP in an Amount Not-to-Exceed $248,795 through March 31, 2014 (R-12-108) General Counsel Sheryl Schaffner provided an overview of the Assistant General Counsel position vacancy and stated that both she and the General Manager recommend that the Board approve a contract with the law firm of Shute, Mihaly and Weinberger, LLP to provide interim Assistant General Counsel services in an amount equal to the cost savings realized by the current vacancy in that position totaling $248,795 for the remainder of FY2012-13 and next FY2013-14. Ms. Schaffner introduced Tamara Galanter, who is currently the Interim Assistant General Counsel and has worked with the District on a number of projects. Ms. Galanter provided background of the firm and of herself. Next, Ms. Schaffner explained that she will need to analyze the position for a time period to determine what the exact needs are and proposed to return to the Board during her annual review in June of 2014 to report out on her analysis and recommendations to the Board. The Board held extensive discussion on the cost of hiring a contracted interim Assistant General Counsel as opposed to hiring a District employee. Director Hassett stated that it may be more cost-effective to hire a District employee versus contracting the legal service out. President Riffle also expressed his concern on the cost of using a contractor for an interim basis for the period of time recommended (15 months). General Manager Steve Abbors suggested that if the allocated funds were used up front to assist with Ms. Schaffner's research, then a report on the analysis may be able to be brought sooner to the Board. Ms. Schaffner also concurred and stated that she can accelerate her analysis with the caveat that the analysis may not be as robust given the shortened time period. Discussion ensued. Director Cyr stated that the District needs to look at how the Legal department will be used in the next five to ten years and then determine the current and future needs. Director Harris commented that the District should not only look at the title of "Assistant General Counsel" and instead look at what the department may need. Brief discussion ensued. Motion: Upon motion by Director Siemens, seconded by Director Kishimoto, the Board approved the staff recommendation as proposed with direction to staff to utilize a portion of the approved funding up front to provide an early and robust analysis (early summer). (6-1-0;Noes: Riffle) v �2-�@ �m�e� � Meeting ���� � � V1. INFORMATIONAL REPORTS COMMITTEE REPORTS Director Sicrncum reported that the Administration and Budget Committee met to discuss � the FY2O|2-\3 Midyear budget. � STAFF REPORTS Natural Resources Manager Kirk Lenio&ton provided nn update onthe Lehigh Quarry matter and stated that staff is working on creating an air monitoring program at Lehigh. � He also provided an update on the eucalyptus trees at Pulgas Ridge Open Space Pccmcrvc and stated that the tree removal will be completed iu the next year. Acting Public Affairs Manager Renee Fitzsimons acknowledged staff for attending the � Santa Clara County Open Space Authority Vision Plan meeting and spoke about the � m District's "Room to 0n:atbc" book reception held on December . Interim Assistant General Manager Ana Ruiz provided an update on the Vision Plan and a1o1cd that the Study Session that was originally scheduled for tonight to discuss the Community Engagement Plan was moved b`January hm allow staff time 1ocoordinate with Public Affairs. She also stated that the January Study Session will also give staff the opportunity toprovide the Board with an update nn the recommended members nfthe � � Community Advisory Group. Acting Planning Manager Tina 8ugg provided updates on the Mount 0nnuubumn demolition project, the }Kuxthonmu buildings assessment, the Ancient Oaks Trail project, � and reported that staff will be submitting u grant application fbc$| million dollars with the Coastal Conservancy for the Mount Omnunhunlproject. Ms. Bugg also provided uo update on the damage ot the E| Corte de Madera Parking Lot due tn recent winter storms. She explained that due to the storm damage, the parking lot will not be open in December us previously anticipated. Real Property Manager Mike Williams reported that the purchase of the Peninsula Open Space Trust(P()S1) Toto Ranch property closed at the end ofNovember. He also reported that POST has closed on the purchase of the remainder of the Driscoll property. � � Gcucns| Manager Steve 8hhormprovided an update onthe Lehigh lawsuit. He also � reported that heim working with Dr. George Muonnammf Strategy Resource Institute � Consulting on District polling for the 20|4 capital finance p 'co�. � -' � DIRECTOR REPORTS | The Board submitted their uornpeomuh|c stipend [bonoUo the District Clerk. Director Siemens reported that the Santa Clara County Local Agency Formation � Commission (LAF[o)passed uresolution allowing special district seating oothe onnomnimsioo and that it will be calling for nominations for the special district Meeting 12-38 Page 5 representative and alternate. He also reported that he attended the event for Rich Gordon and attended a Los Gatos City Council meeting. Director Cyr reported that he attended the event for Rich Gordon and that he attended the Vision Plan meeting for the Santa Clara County Open Space Authority. He also stated he attended the District's End of the Year Celebration, the holiday party for the South Skyline Association, and the District's"Room to Breathe"book reception. Director Hanko reported that she attended the South Skyline Association holiday party. Director Kishimoto reported that she attended the District's "Room to Breathe" book reception. Director Harris reported that she and Director Kishimoto met with a representative from Acterra and had a conversation regarding the Hawthorns property. She also reported that she attended the District's End of the Year Celebration as well as a Water Trail Advisory Committee meeting. Director Hassett reported on the South Skyline Association holiday party and stated that he attended the District's End of the Year Celebration and District's "Room to Breathe" book reception. President Riffle recognized staff for their work and contribution to the November 29t" San Mateo Agriculture Summit and stated that Mr. Lenington did a great job on his presentation. VII. ADJOURNMENT President Riffle adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:36 p.m. Michelle Radcliffe, CMC District Clerk Meeting 12-11 Page 4 DIRECTOR REPORTS The Board submitted their compensable forms to the District Clerk. Director Kishimoto announced that the C4�-Iown of Los Altos Hills is holding an Earth Day event to honor Director Mary Davey. She also invited the Board to attend the Watershed Summit Planning meeting on April I 91h. President Riffle briefly spoke about the upcoming Board retreat on April 27 1h. He also stated that the Board Appointees will be receiving their annual evaluations shortly. Lastly, he congratulated the Natural Resources Department for becoming an official District department as of April I". V111. ADJOURNMENT President Riffle adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:27 p.m. Michelle Radcliffe, CIVIC District Clerk Meeting 12-11 Page 3 Motion: Upon motion by Director Cyr, seconded by Director Hassett, the Board appointed Dr. Erik Allen as the District's Ombudsperson. (Vote: 6-0-0; Absent: Hanko) 2. Agenda Item #5—Field Enforcement Activity Report for Calendar Year 2011 and Ten-Year Field Activity Summary (R-12-23) Management Analyst Gordon Baiilie provided a summary of the Field Enforcement Activity Report for Calendar Year 2011. Discussion was held on the bicycle and parking citations. Extensive discussion was held on dog citations and Director Kishimoto suggested that the District's Dog Use Policy be more visible and that the reasons behind the policy be articulated to the public. Discussion ensued. No action was taken by the Board. VI. INFORMATIONAL REPORTS COMMITTEE REPORTS There were none. STAFF REPORTS Public Affairs Manager Rudy Jurgensen reported that he is attending a conference in Monterey, and that there is a Legislative, Funding and Public Affairs Committee meeting on April 17th . He also reported that Docent training is currently underway and that the audio tours have been popular with preserve users. Natural Resources Manager Kirk Lenington reported that the Site Specific Weed Management Negative Declaration has been released for public review and that it was posted on the District website. He also reported that the District was awarded a $150,000 grant from the California Department of Fish and Game Fisheries Restoration Program for the Big Dipper Road Project. Real Property Manager Mike Williams reported that the District closed on the October Farm purchase at the end of March and that a tenant has been found to lease the structures on the property. He reported that he and Rangeland Ecologist Clayton Koopman attended the San Mateo County Farm Bureau meeting and stated that neighbors are concerned that grazing has not returned to the Mindego property. Lastly, Mr. Williams reported that he will be training to be a District docent. General Manager Steve Abbors reported he has been heavily involved in the Redwood City Oversight Board and that he attended the first meeting to approve obligation payments. He thanked General Counsel Sheryl Schaffner, Senior Management Analyst Lynn Tottori, and Executive Assistant Maria Soria for their help. Meeting 12-11 Page 2 REGULAR MEETING 1. ROLL CALL President Riffle called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:02 p.m. Members Present: Jed Cyr, Yoriko Kishimoto, Pete Siemens, Cecily Harris, Larry Hassett and Curt Riffle Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Real Property Manager Mike Williams, Operations Manager David Sanguinetti,Natural Resources Department Manager Kirk Lenington, Public Affairs Manager Rudy Jurgensen, Management Analyst Gordon Baillie, and District Clerk Michelle Radcliffe President Riffle stated that there were no reportable actions for Closed Session Agenda Items #1, #2, and #3. 11. ORAL COMMUNICATIONS There were none. 111. ADOPTION OF AGENDA Motion: Upon motion by Director Cyr, seconded by Director Siemens, the Board adopted the agenda. (Vote: 6-0-0; Absent: Hanko) IV. ADOPTION OF CONSENT CALENDAR Motion: Upon motion by Director Kishimoto, seconded by Director Cyr, the Board approved adoption of the Consent Calendar to approve Revised Claims No. 12-11, the Minutes of February 29, 2012,and the Board Response to the Written Communication from Karen Waugh. (Vote: 6-0-0; Absent: Hanko) V. BOARD BUSINESS 1. Agenda Item #4— District Ombudsperson Interview and Appointment(R-12-44) Public Affairs Manager Rudy Jurgensen introduced Ombudsperson applicant Dr. Erik Allen to the Board. Dr. Allen shared his mediation experience with the Board. Discussion followed.