HomeMy Public PortalAbout20180228 - Minutes - Board of Directors (BOD)
February 28, 2018
Board Meeting 18-09
*Approved by the Board of Directors on March 14, 2018
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, February 28, 2018
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 6:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Yoriko Kishimoto, Curt Riffle and
Pete Siemens
Members Absent: Cecily Harris
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Acting Assistant General Manager Christine Butterfield, Real
Property Manager Mike Williams, Senior Real Property Specialist Allen
Ishibashi
Public comments opened at 6:00 p.m.
No speakers present.
Public comments closed at 6:00 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Santa Clara County APN(s): 562-23-007
Agency Negotiator: Allen Ishibashi, Sr. Real Property Agent
Negotiating Party: Ismael Benhamida, Broker, Marcus & Millichap
Under Negotiation: Purchase Terms
Meeting 18-09 Page 2
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. GOVERNMENT CODE
SECTION 54957(B)(1)
Title of Employee: Acting General Manager
ADJOURNMENT
President Cyr continued the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District to the close of the regular meeting at 6:58 p.m.
REGULAR MEETING
President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to
order at 7:03 p.m.
President Cyr reported the Board met in closed session, and no reportable action was taken.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Yoriko Kishimoto, Curt Riffle and
Pete Siemens
Members Absent: Cecily Harris
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Chief Financial Officer/Administrative Services Director
Stefan Jaskulak, Acting Assistant General Manager Christine Butterfield,
Acting Assistant General Manager Brian Malone, Planner II Whitney
Berry, Planner III Gretchen Lausten, and Executive Assistant/ Deputy
District Clerk Maria Soria
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Riffle seconded the motion to adopt the
agenda.
VOTE: 6-0-0 (Director Harris absent.)
CONSENT CALENDAR
Public comment opened at 7:06 p.m.
No speakers present.
Public comment closed at 7:06 p.m.
Meeting 18-09 Page 3
Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the
Consent Calendar.
VOTE: 6-0-0 (Director Harris absent.)
1. Approve February 14, 2018 Minutes
2. Claims Report
3. Board Policy 3.10 – District Grantmaking Program (R-18-19)
Acting General Manager’s Recommendation: Approve Board Policy 3.10 – District
Grantmaking Program as a Replacement to the Resource Management Grant Program.
4. Establishment of a Post-Employment Benefits Section 115 Trust to Pre-Fund a
Portion of Future Pension Obligations (R-18-21)
Acting General Manager’s Recommendation: Adopt a Resolution authorizing the adoption of the
Public Agencies Post-Employment Benefits (Section 115) Trust as administered by Public
Agency Retirement Services to provide an alternative investment strategy for pre-funding
pension obligations, and authorizing the General Manager or designee to execute all documents
necessary to establish the trust.
5. Contract Amendment with O.C. Jones and Sons, Inc., for an additional $82,110.62
for the fabrication and installation of pre-cast concrete barriers for the Mount Umunhum
Road Project (R-18-17)
Acting General Manager’s Recommendation: Amend a contract with O.C. Jones and Sons, Inc.,
for the Mount Umunhum Road Project in the amount of $82,110.62, for a total not-to-exceed
contract amount of $5,846,782.62, for the fabrication and installation of 672 feet of pre-cast
concrete barriers on Mount Umunhum Road.
BOARD BUSINESS
6. Americans with Disabilities Act Self-Evaluation and Transition Plan Update (R-18-
20)
Planner III Gretchen Lausten provided the staff presentation explaining it will give the Board
and public an opportunity to share information, ask questions, and give feedback on this project.
Ms. Lausten reported MIG, the Districts consultants, initiated the early phases of work by
evaluating District programs, policies, preserves, and facilities. The District completed its
original Self-Evaluation and Transition Plan in 1993 based on the 1991 Standards for Accessible
Design. While the obligation for programmatic access today remains unchanged, technical
design standards have evolved and expanded to include more information on outdoor recreation
and site conditions.
Ms. Lausten introduced the consultant team from MIG, Ashley Tomerlin and Tim Gilbert. Mr.
Gilbert provided an overview of the ADA Self-Evaluation and Transition Plan update process,
including background on recommended accessibility guidelines for elements and features in
Meeting 18-09 Page 4
preserves, such as trails, that are not governed by the building codes and solicited feedback on
the District-wide American’s with Disabilities Act Self-Evaluation and Transition Plan Update.
Director Siemens indicated the District does have wheelchair access trails but suggested other
trails could be identified as low impact trails by designating them with a separate symbol on
District preserve maps.
Mr. Gilbert explained people often seek and expect different levels of challenge in their
activities. Rather than attempting to identify the different range of difficulty, the nationwide
approach is to provide information about the resource, such as trail grades, surface conditions,
etc. for the trail, to allow the public to determine their ability to utilize the trails.
Planner II Whitney Berry reiterated key considerations regarding what triggers ADA
improvements to the built environment. The ADA Standards apply differently depending on
whether the District is providing access to programs or services in existing facilities, altering an
existing facility, or building a new facility. When a public entity chooses to alter any of its
facilities, the elements and spaces being altered must comply with the 2010 Standards. All new
facilities built by public entities must be accessible and usable by people with disabilities. The
2010 Standards set out minimum accessibility requirements for newly constructed facilities,
which are also used when designing new District facilities. The 2010 Standards introduced the
concept of safe harbor, a new exception that allows facilities that were built prior to March 15,
2012 and were in compliance with the 1991 ADA Standards to remain as-is until a public entity
plans an alteration to the structural feature. Ms. Berry explained that for accessible programs
and services are viewed in their entirety, the District’s public programs and services must be
accessible to people with disabilities, but not all facilities must necessarily be made accessible.
Director Siemens asked if the new trail at Mt. Umunhum was surveyed and whether it is ADA
compliant.
Ashley Tomerlin reported the Mt. Umunhum trail was not surveyed as part of the 20 miles of
trail surveyed, which is likely because staff already knew that the trail would exceed the 12%
grade considered an easy access trail by the District’s definition. Ms. Tomerlin reported MIG did
survey the upper and lower parking areas, pedestrian walkway above, summit stairs, new picnic
area, and brochure board.
Director Siemens suggested he would be interested in having MIG survey the trail since it is a
new trail not previously assessed.
Director Siemens also requested that MIG assess the elevator of the new Administration Office
building being remodeled for ADA compliance, and inquired if there are any exceptions to the
new standards.
Director Riffle commented the District would need to consider the varying levels of mobility of
preserve visitors when planning for future trail use and budget purposes.
Public comment opened at 8:03 p.m.
No speakers present.
Meeting 18-09 Page 5
Public comment closed at 8:03 p.m.
INFORMATIONAL MEMORANDUM
• Project Update for the Cooley Landing Park Business and Operating Plan Project and
Upcoming Open House Event at the Education Center
INFORMATIONAL REPORTS
A. Committee Reports
No Committee reports.
B. Staff Reports
Acting General Manager Ana Ruiz reported that Chief Financial Officer/Administrative Services
Director Stefan Jaskulak and the Finance Department has been working with the Bond Oversight
Committee (BOC) to review the previous fiscal year’s Measure AA expenditures. The BOC will
be presenting to the Board the Annual Bond Oversight Committee Report on April 11, 2018.
Ms. Ruiz also stated that the General Manager’s Office along with the Managers are preparing
for the March 15, 2018 Board Retreat.
Mr. Ruiz also reported the Executive Director of Sempervirens Fund Sara Barth contacted her to
provide her perspective on the development of Sempervirens Funds’ five-year strategic plan in
order to understand the opportunities Midpen sees for their organization, past and future
partnership opportunities, and opportunities for potential growth.
C. Director Reports
Director Hanko reported the Board members submitted their compensatory reports.
Director Hassett commented that he was impressed with the retirement party for the former
General Manager Steve Abbors. Director Hassett thanked the following individuals: Board
President Cyr and Acting General Manager Ana Ruiz for their speeches along with all the other
guest speakers; Master of Ceremonies Controller Mike Foster; the committee of Board members
who worked on the retirement party Director Cyr, Director Kishimoto, himself; and especially
District Clerk/Assistant to the General Manager Jennifer Woodworth and Executive
Assistant/Deputy District Clerk Maria Soria.
Director Siemens and Director Riffle agreed with Director Hassett.
President Cyr reported he has been asked by Senator Beall to reach out to seven members of the
Legislature who supported SB 492 to sign on to a budget request letter that Senator Beall will be
sending to the Finance Committee for $10 million. Senator Jerry Hill has already agreed to sign
on to the letter.
President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District into closed session at 8:15 p.m.
Meeting 18-09 Page 6
President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:55 p.m.
________________________________
Maria Soria
Executive Assistant/Deputy District Clerk