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Home My Public Portal About20170927 - Minutes - Board of Directors (BOD) September 27, 2017 Board Meeting 17-23 *Approved by the Board of Directors on October 11, 2017 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 27, 2017 APPROVED MINUTES* SPECIAL MEETING – CLOSED SESSION President Hassett called the special meeting to order at 5:00 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Counsel Sheryl Schaffner and Human Resources Manager Candice Basnight Public comments opened at 5:00 p.m. No speakers present. Public comments closed at 5:00 p.m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Controller General Counsel General Manager CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section 54957.6 Agency designated representatives: Board of Directors Unrepresented Employees: Controller General Counsel General Manager Meeting 17-23 Page 2 2. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (GOVERNMENT CODE SECTION 54957) Title: General Counsel President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:59 p.m. REGULAR MEETING President Hassett called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:01 p.m. President Hassett reported the Board met in closed session. General Counsel Sheryl Schaffner reported that on August 9, 2017 the closed session the Board voted 6-0 to form a Board ad hoc committee to work with a recruitment firm to serve as an advisor for the upcoming recruitment for the General Counsel position. Additionally, staff is authorized to enter into a contract with a recruiting firm for the General Counsel recruitment. Finally, the Board authorized appointing Assistant General Counsel Hilary Stevenson to act as Interim General Counsel starting January 1, 2018 until a permanent General Counsel is appointed. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner, Chief Financial Officer Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Senior Resource Management Specialist Matt Baldzikowski, Planner III Gretchen Laustsen ORAL COMMUNICATIONS Yvonne Tryce inquired regarding the status of the Hawthorn Property. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hanko absent) SPECIAL ORDERS OF THE DAY • Introduction of staff o Jessica Hoshen - Senior Capital Project Manager o Leigh Guggemos - Capital Project Manager III o Alicia Gonzales – Human Resources Supervisor Meeting 17-23 Page 3 o Lisa Atwood - General Manager's Office Administrative Assistant o Iain Reilly - Real Property Agent II o Karine Tokatlian - Natural Resources Specialist II o Adriana Rodriguez - Land & Facilities Administrative Assistant o Lea Bair - Administrative Services Administrative Assistant o Rob Scilingo - Open Space Technician CONSENT CALENDAR Public comment opened at 7:26 p.m. No speakers present. Public comment closed at 7:26 p.m. Director Riffle announced he would be recusing himself for agenda items 4 and 6 due a perceived conflict of interest due to his employment at Peninsula Open Space Trust. Motion: Director Harris moved, and Director Siemens seconded the motion to approve the Consent Calendar, with the exceptions of Items 4 and 6. VOTE: 6-0-0 (Director Hanko absent) Director Riffle left the room for agenda items 4 and 6. 1. Approve August 9, 2017 Minutes 2. Claims Report 3. Board Response to Written Communications from Mike Liebhold General Manager’s Recommendation: Approve the proposed response to Mike Liebhold. 4. Amendment to the Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) Property, portion of the Long Ridge Open Space Preserve located on Shingle Mill Road in unincorporated San Mateo County (Assessor’s Parcel Numbers 085- 170-020, 085-170-290, and 085-170-310) (R-17-109) General Manager’s Recommendation: Approve an amendment to the Preliminary Use and Management Plan for the Peninsula Open Space Trust (Conley) property, as set out in the staff report. Motion: Director Harris moved, and Director Cyr seconded the motion to approve Item 4. VOTE: 5-0-0 (Director Hanko absent; Director Riffle recused) 5. Adopt resolution to reimburse expenditures related to the acquisition of 5050 El Camino from debt proceeds (R-17-112) Meeting 17-23 Page 4 General Manager’s Recommendation: Adopt a resolution which declares the District’s intent to reimburse prior expenditures related to the acquisition of 5050 El Camino from the proceeds of subsequent borrowing. 6. Approval of a Resolution for Application to the Habitat Conservation Fund Program for grant funds to assist in the purchase of the Peninsula Open Space Trust’s Johnston Ranch Uplands property as an addition to Miramontes Ridge Open Space Preserve (R-17-110) General Manager’s Recommendation: 1. Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. Adopt a Resolution of the Board of Directors approving an application for grant funds from the Habitat Conservation Fund Program to assist with the future purchase of the Johnston Ranch Uplands as an addition to Miramontes Ridge Open Space Preserve. Motion: Director Harris moved, and Director Kishimoto seconded the motion to approve Item 6. ROLL CALL VOTE: 5-0-0 (Director Hanko absent; Director Riffle recused) Director Riffle returned to the dais at 7:30 p.m. BOARD BUSINESS 7. Award of Contract to Albion Environmental, Inc. for Archaeological Services at Bear Creek Redwoods Open Space Preserve in FY2017-18 and FY2018-19 (R-17-108) Senior Resource Management Specialist Matt Baldzikowski provided the staff report describing the cultural resources previously identified at Bear Creek Redwoods. Additional study and evaluation is needed for these cultural resources to determine the significance of the resources, and if significant, to make recommendations to avoid or mitigate potential impacts. Mr. Baldzikowski described the request for proposal process and consultant selection, including creating a list of on-call archaeological consultants for sites throughout the District. Director Siemens inquired if any of the identified sites were identified as insignificant if the structures could be removed. Mr. Baldzikowski explained that could be determined as part of the study. Public comment opened at 7:55 p.m. No speakers present. Public comment closed at 7:55 p.m. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a multi-year professional services contract with Albion Environmental, Inc. of Santa Cruz, California to provide archaeological Meeting 17-23 Page 5 services in Bear Creek Redwoods Open Space Preserve in Fiscal Year (FY) 2017-18 and FY2018-19 for a base contract amount of $160,937. 3. Authorize a 20% contingency of $32,188 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $193,125. VOTE: 6-0-0 (Director Hanko absent) 8. Award of Contract for Environmental Services to Support the Ravenswood Bay Trail Project (R-17-111) Planner III Gretchen Laustsen provided the staff report describing the current status of the project. Ms. Laustsen explained that due the sensitive species living the bayland habitat, expert assistance will be needed to prepare complex permit applications, and consult and negotiate with more than five different regulatory agencies to move forward with construction. Public comment opened at 8:01 p.m. No speakers present. Public comment closed at 8:01 p.m. Motion: Director Harris moved, and Director Riffle seconded the motion to: 1. Authorize the General Manager to enter into a multi-year contract with H.T. Harvey and Associates to provide environmental consulting services to support the Ravenswood Bay Trail Project for a base contract amount of $58,000. 2. Authorize a 15% contingency of $8,700, to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed contract amount of $66,700. VOTE: 6-0-0 (Director Hanko absent) INFORMATIONAL MEMORANDUM • Alma College Parking Area and Trail Crossing Project – Crosswalk Safety Review INFORMATIONAL REPORTS A. Committee Reports Director Kishimoto and Assistant General Manager Ana Ruiz reported the Diversity ad hoc committee met on August 24th and September 7th to discuss Board training, formation of a citizens’ advisory committee, and the approach for creating the business and operating plan for Cooley Landing. Director Cyr reported the Legislative, Funding and Public Affairs Committee met on August 29th. B. Staff Reports Real Property Manager Mike Williams commented on the upcoming Board tour of Cloverdale Ranch. Meeting 17-23 Page 6 Chief Financial Officer Stefan Jaskulak reported the Bond Oversight Committee will be touring District projects in October. Mr. Jaskulak also provided updates on the District’s audit, issuance of a new tranche of bonds, and the proposed work order management system. Assistant General Manager Ana Ruiz reported on several partner meetings and events attended by District staff. C. Director Reports The Board members submitted their compensatory reports. Director Kishimoto reported on two upcoming events being held in Saratoga of Quarry Park and the Saratoga to the Sea trail. Additionally, Director Kishimoto commented on upcoming Watershed Council events being hosted by Acterra. Directors Cyr and Hassett reported their attendance at the District’s Volunteer Recognition Event and Committee for Green Foothills Nature’s Inspiration event. Directors Cyr, Siemens, Harris, and Hassett reported their attendance at the Committee for Green Foothills Nature’s Inspiration event. Director Harris commented on the Harbor View development project in Redwood City Director Hassett reported his attendance at the La Honda Open Space Preserve groundbreaking. The members of the Board commented on the recent Mount Umunhum Grand Opening and preview events and thanked staff for their efforts for organizing those wonderful events. ADJOURNMENT President Hassett adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:29 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk