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Home My Public Portal About20171115 - Minutes - Board of Directors (BOD) November 15, 2017 Board Meeting 17-29 *Approved by the Board of Directors on December 6, 2017 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Menlo Park Senior Center 100 Terminal Ave. Menlo Park, CA 94025 Wednesday, November 15, 2017 APPROVED MINUTES* SPECIAL MEETING – STUDY SESSION District Clerk Jennifer Woodworth called the special meeting to order at 6:00 p.m. and recessed the meeting due to a lack of quorum. Vice-President Riffle called the special meeting of the Midpeninsula Regional Open Space District to order at 6:20 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Curt Riffle, and Pete Siemens Members Absent: Cecily Harris, Larry Hassett, and Yoriko Kishimoto Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Chief Financial Officer/Administrative Services Director Stefan Jaskulak, Acting Assistant General Manager Christine Butterfield, District Clerk/Assistant to the General Manager Jennifer Woodworth, Planning Manager Jane Mark, GIS Administrator Casey Hiatt, Natural Resources Manager Kirk Lenington 1. Open Space Vision Plan Overview (R-17-124) Natural Resources Manager Kirk Lenington provided an overview of the Open Space Vision Plan and the process used to develop it, including numerous public engagement workshops, Community Advisory Committee, individual preserve visitor interviews, and online MindMixer forum. Director Harris arrived at 6:23 p.m. President Hassett arrived at 6:25 p.m. Meeting 17-29 Page 2 GIS Administrator Casey Hiatt summarized the work completed as part of the planning and analysis processes for the Vision Plan, such as studying how the District can support agriculture on the Coast, mapping sensitive species and habitats, and opportunities for public access. Much of the information is included in the Conservation Atlas, which resulted from the Vision Plan, and is used to help inform much of staff’s natural resources and preservation work today. Director Kishimoto arrived at 6:31 p.m. Mr. Lenington explained how goals were created from each of the five Vision Plan themes to further focus the work of the Vision Plan. From the goals, staff developed a comprehensive list of possible actions or projects to implement the goals for each theme. After further refinement of the priority actions at public deliberation and Board meetings, a final list of 54 priority action was compiled, and the top 25 portfolios were identified for inclusion in the Measure AA ballot language. Planning Manager Jane Mark provided an overview of implementation actions the District has undertaken since Measure AA was approved by the voters in 2014. Staff worked with the Board to prioritize over 60 projects within the top 25 portfolios for implementation within the first five years of Measure AA implementation. The Board will periodically revisit the five-year project list to update it, and reprioritization is planned for early 2018. Ms. Mark summarized completion of numerous Measure AA projects since June 2014 to support land conservation, natural resource protection & preservation, and public access & education. Director Riffle inquired how often similar presentations could be provided to the Board. Assistant General Manager Ana Ruiz suggested similar presentations may be provided at least every four to five years prior to Board creation and approval of the five-year project prioritization list. General Manager Steve Abbors also suggested similar presentations would be helpful for any newly elected Board members and staff members, as needed. Director Harris requested clarification on the creation of the five-year project list and whether it is a new project list or a reprioritization of projects. Ms. Mark explained completed projects would be removed from the prioritized project list, and projects on the six to ten year priority and “parking lot” list may be prioritized into the five-year list. Director Kishimoto spoke regarding the increased cost of several of the Measure AA projects and cautioned against spending large amounts of the Measure AA funds on a few projects relatively early in implementation. Additionally, Director Kishimoto spoke in favor or reserving funds to complete projects throughout the 30 years of implementation and the need to fairly allocate funds to all 25 projects. Finally, inflation will continue to increase the cost of the projects, so the 2014 estimates should be compared against current costs. Director Siemens requested an update on all portfolios to better understand how much of a portfolio’s allocated funds have been spent in contrast to the amount of work remaining to complete the projects within a portfolio. Meeting 17-29 Page 3 Public comment opened at 7:04 p.m. No speakers present. Public comment closed at 7:04 p.m. President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:04 p.m. SPECIAL MEETING President Hassett called the special meeting of the Midpeninsula Regional Open Space District to order at 7:08 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Controller Mike Foster, Assistant General Manager Ana Ruiz, Chief Financial Officer/Administrative Services Director Stefan Jaskulak, Acting Assistant General Manager Christine Butterfield, District Clerk/Assistant to the General Manager Jennifer Woodworth, Assistant General Counsel Hilary Stevenson, and Finance Manager Andrew Taylor ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Kishimoto seconded the motion to adopt the agenda. VOTE: 7-0-0 President Hassett announced that the closed session item following the special meeting related to real property negotiations have shifted for the other party from the Amah Mutsun Land Trust to the Amah Mutsun Tribal Band, with the negotiating party to be Tribal Chairman Val Lopez. The remaining details related to the closed session item are the same. REPORT OUT OF CLOSED SESSION President Hassett reported the full Board met in closed session on November 6, 2017 to discuss the appointment of an interim General Manager, pending the recruitment for the permanent position. The Board voted 6-1, with Director Harris dissenting, to appoint Ana Ruiz as Acting Meeting 17-29 Page 4 General Manager for the period between General Manager Steve Abbors’s retirement at the end of the year, and the conclusion of the recruitment process. CONSENT CALENDAR Public comment opened at 7:18 p.m. No speakers present. Public comment closed at 7:18 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 1. Approve November 8, 2017 Minutes 2. Award of contract for demolition of an unoccupied structure at 16075 Overlook Drive in El Sereno Open Space Preserve (R-17-126) General Manager’s Recommendation: 1. Authorize the General Manager to enter into contract with Cal Excavation and Underground Inc., of Hughson, California for a not-to-exceed base contract amount of $103,285. 2. Authorize a 15% contract contingency of $15,493 to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $118,778. President Hassett inquired if any funds are included in the contract for land recontouring and rehabilitation. Land and Facilities Supervisor Omar Smith explained the original slope of the hillside is unchanged, but some recontouring will be done at the deck. Minimal disturbance of the hillside is expected, and reseeding and remulching of the hillside is included in the contract. 3. Award of Contract with Waterways Consulting, Inc., for the preparation of construction level documents for road infrastructure improvements at Russian Ridge, Monte Bello, and Tunitas Creek Open Space Preserves (R-17-125) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a professional services contract with Waterways Consulting, Inc., to prepare construction level documents for road infrastructure improvements, for a base contract amount of $49,247.50. 2. Authorize a contingency of $7,387.50, to cover unforeseen expenditures, for a not-to- exceed total contract amount of $56,635. BOARD BUSINESS Meeting 17-29 Page 5 4. Annual bond disclosure training for the members of the Board of Directors, members of the Disclosure Working Group, and Contributors (R-17-127) Chief Financial Officer Stefan Jaskulak introduced Jacquelynne Jennings partner with the District’s disclosure counsel Schiff Hardin who presented the annual training on Bond Disclosure obligations, responsibilities, and potential liabilities of members of District staff and members of the Board of Directors to the Board members of the Disclosure Working Group. Public comment opened at 8:12 p.m. No speakers present. Public comment closed at 8:12 p.m. No Board action required. INFORMATIONAL MEMORANDA • Tenant Notification Regarding Cannabis Cultivation INFORMATIONAL REPORTS A. Committee Reports No committee reports B. Staff Reports General Counsel Sheryl Schaffner provided an update on the Gullicksen property neighboring the Saratoga Gap Open Space Preserve reporting Mr. Gullicksen entered a no contest plea regarding the charges of trespassing and was ordered to pay restitution to the District. Additionally, Mr. Gullicksen must stay off the District’s property. C. Director Reports The Board members submitted their compensatory reports. President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District into closed session at 8:15 p.m. SPECIAL MEETING – CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Santa Clara County Assessor’s Parcel Number 562-08-003 Agency Negotiator: Michael Williams, Real Property Manager Negotiating Party: EkOngKar Singh Khalsa, Executive Director, Amah Mutsun Land Trust Under Negotiation: Conservation Easement Meeting 17-29 Page 6 President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:50 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk