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.