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HomeMy Public PortalAbout20130925 - Minutes - Board of Directors (BOD) September 25, 2013 Board Meeting 13-23 *Approved by the Board of Directors on October 9, 2013 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 September 25, 2013 APPROVED MINUTES* I. CALL TO ORDER President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:00 p.m. II. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Assistant General Counsel Hilary Stevenson, Administrative Services Manager Kate Drayson, Natural Resources Manager Kirk Lenington, Acting Planning Co-Manager Tina Hugg, Acting Planning Co-Manager Meredith Manning, Public Affairs Manager Shelly Lewis, Real Property Manager Mike Williams, Operations Manager David Sanguinetti, Planner III Gina Coony, Planner III Lisa Bankosh, GIS Technician Alex Roa, Senior Management Analyst Lynn Tottori, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS There were none. General Manager Abbors reported the Portola Valley Town Council is considering an item on their agenda this evening on whether to join the District’s amicus brief in its litigation against Lehigh Quarry. Mr. Abbors asked the Board if Director Kishimoto Meeting 13-23 Page 2 could be granted authority to represent the Board at the Portola Valley meeting. General Counsel Sheryl Schaffner is also attending the meeting. The Directors agreed to allow Director Kishimoto to appear and speak on behalf of the Board regarding the Lehigh Quarry litigation at the Portola Valley Town Council meeting. Director Kishimoto left at 7:02 p.m. IV. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 5-0-0 (Directors Hanko and Kishimoto absent) V. CONSENT CALENDAR Motion: Director Riffle moved, and Director Hassett seconded the motion to approve the Consent Calendar. VOTE: 5-0-0 (Directors Hanko and Kishimoto absent) Agenda Item #1 – Approve Minutes of the Special and Regular Board Meetings September 10, 2013 September 11, 2013 Agenda Item #2 – Approve the Revised Claims Report Director Riffle inquired about claim number 20923 to ARCADIS. Co-Acting Planning Manager Tina Hugg explained that the payment is not related to work completed by ARCADIS but is to work completed by the surveyor Mark Thomas who is a subcontractor of ARCADIS. Director Riffle inquired about claim number 20947 to Communication Advantage. Public Affairs Manager Shelly Lewis explained that this payment is to a consultant who assisted with the evaluation of candidates for the Media Communications Supervisor position, which requires the incumbent to provide on-air interviews. Agenda Item #3 – Written Communications Peninsula Municipal Advisory Counsel Agenda Item #4 – Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring the Santa Clara County Open Space Authority for Twenty Years of Open Space Preservation Meeting 13-23 Page 3 Agenda Item #5 – Authorization to Amend a Contract with Timothy C. Best, CEG, to Provide Engineering Geology Services for the Hendrys Creek Stream Restoration Plan within the Cathedral Oaks Area of Sierra Azul Open Space Preserve (R-13-74) Director Riffle requested to know the total amount of money paid to Tim Best this year. Co-Acting Planning Manager Hugg reported that the District has been invoiced $23,539.25 by Mr. Best in the last calendar year, which includes invoices from the original contract in this agenda item, and not the proposed amendment to the contract being considered tonight. Director Harris inquired if the District plans to purchase the Hendrys Creek property at a future date, which would justify allocating District funds for repair work. General Manager Abbors responded that the Santa Clara Valley Water District plans to partner with the District to purchase the property, but the purchase has been delayed. Director Hassett stressed the need for the District to examine the feasibility of hiring employees with focused skills and expertise, such as those required for this project. Director Hassett suggested District staff track the costs of consultants in order to determine the cost effectiveness of hiring this type of consultant on a permanent basis, which would lead to overall cost savings. General Manager Abbors explained that as the number of District projects increases, it may become necessary to hire employees with varying types of expertise, and this option may be considered as part of an upcoming budget. Agenda Item #6 – Authorization to Amend a Contract with John Northmore Roberts Associates, Landscape Architectural Consultant, for Additional Design Services for the Mindego Gateway Staging Area Project (R-13-84) Director Riffle inquired as to a method of providing feedback to San Mateo County given the inefficient permitting process the District encountered on this project. General Manager Abbors reported he spoke with San Mateo County Board of Supervisor’s President Don Horsley’s Chief of Staff about this matter, and County and District staff will be meeting on the matter on October 11. Director Hassett inquired if this contract was being funded by Peninsula Open Space Trust (POST), and Mr. Abbors confirmed that POST will reimburse the District for contract costs. Agenda Item #7 – Authorization to Amend a Contract with Geocon Consultants, Inc., for Additional Geotechnical Services for the Mount Umunhum Staging Area at Bald Mountain as part of the Mount Umunhum Public Access Implementation Project (R-13-72) Meeting 13-23 Page 4 VI. BOARD BUSINESS Agenda Item #8 – Authorization to Amend a Contract with TKO General Engineering and Construction for Revisions to the El Corte de Madera Creek Open Space Preserve Staging Area (R-13-87) Co-Acting Planning Manager Tina Hugg provided the staff report giving an overview of the drainage system failure during the winter of 2012, the current improvements to the site, and a comparison of the new design to previous work done at the site. Ms. Hugg summarized the elements of the repair work, including drainage structures, enlargement and addition of basins, and overflow piping. Director Hanko arrived at 7:27 p.m. Ms. Hugg introduced Ed Ballman of Balance Hydrologics who explained the drainage re- design, which will direct overflow water westward. Mr. Ballman also explained that flow rates for potential 10-, 25-, and 100-year events will be minimal due to the size of the drainage pipes and basins. Director Riffle inquired about the size of the rain event last December. Mr. Ballman stated that the rain event is considered a 3 to 4-year event, and that the new system is designed to have a 50% larger capacity in the basins, which the engineers foresee as being necessary as an addition to the overflow structure. Extensive discussion ensued regarding the capacity of the basins and overflow structures on the site. Director Siemens inquired as to why the current design steps were not considered for the staging area’s initial design. Ms. Hugg explained that San Mateo County does not routinely allow for a change to watershed direction, but this re-design was given a special exception due to its unique circumstances. Director Harris suggested that staff may want to evaluate the District’s other parking lots in light of the challenges faced at El Corte de Madera. Ms. Hugg responded that staff is looking more closely at other staging areas, especially as the National Pollutant Discharge Elimination System’s new C.3 stormwater requirements have gone into effect. Both the District and its consultants are adjusting their plans to conform to the new requirements. Assistant General Manager Ana Ruiz remarked that the Board staff will be incorporating into future project budgets a peer review of consultant designs for highly technical systems, such as the drainage system that was designed for this staging area, to provide a second opinion on the adequacy of the design. Director Cyr agreed that the District should consider peer reviews of project designs, and may want to incorporate this more broadly for all projects. Meeting 13-23 Page 5 Director Siemens inquired if the cost per parking space for District parking lots is comparable to the costs for parking spaces in municipal projects. Ms. Hugg explained the cost per space is lower than comparable city parking spaces due to the lack of substantial infrastructure needed for District lots, such as curbs, parking structures, and sidewalks. Director Siemens suggested that cost estimates for future staging areas include potential costs associated with staff time, engineering, architectural designs, etc. Director Harris commented that the District should study methods of informing its constituents of the costs for providing access to District lands. General Manager Abbors agreed and advised the Board that the proposed Vision Plan projects will have projected cost estimates associated with them. Public hearing opened at 8:13 p.m. No speakers were present. Public hearing closed at 8:13 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to authorize the General Manager to amend an existing contract with TKO General Engineering and Construction (TKO) by $235,000, for a total not-to-exceed amount of $854,000, to construct drainage revisions at the El Corte de Madera Creek Open Space Preserve staging area. VOTE: 6-0-0 (Director Kishimoto absent) Agenda Item #9 – Authorization to Award a Contract to Strategy Research Institute to provide Ongoing Professional Services to Support the District’s Public Outreach Program (R-13-88) General Manager Abbors provided the staff report outlining the history of the District’s work with Dr. Manross on polling related to the District’s Vision Plan and a potential funding measure. The proposed contract includes a $3,000 per month retainer and would remain in place pending a Board decision concerning a potential funding measure. Director Riffle inquired if POST is aware of this proposed contract, and General Manager Abbors confirmed that POST has been informed of the contract and agrees with the General Manager’s recommendation. Director Riffle expressed his concern that this contract could be construed as the District funding campaign activities. Assistant General Counsel Hilary Stevenson explained that with this contract and Dr. Manross’s work, the District is practicing good governance in deciding whether to place a future measure on the ballot, which is not campaigning. Meeting 13-23 Page 6 Public hearing opened at 8:28 p.m. No speakers were present. Public hearing closed at 8:28 p.m. Motion: Director Hanko moved, and Director Siemens seconded the motion to authorize the General Manager to enter into a contract with Strategy Research Institute of Fullerton, CA, for a not-to-exceed amount of $45,000, to provide ongoing professional services to support the District’s Public Outreach Program at a monthly retainer of $3,000 per month. VOTE: 6-0-0 (Director Kishimoto absent) Agenda Item #10 – Proposed Changes to the Midyear Action Plan and Budget Process and Associated Budget Authorities (R-13-86) Administrative Services Manager Kate Drayson summarized the current process for creating the annual and midyear budget and proposed changes to the midyear budget process and associated policy changes. Ms. Drayson explained the proposed changes to the process, including proposed changes to the General Manager’s authority to allow for shifts in expenditure among account families where there is a no net increase in the budget. Director Harris inquired as to whether the proposed administrative policy on Budget Control Procedures would be going to the Board for approval. General Manager Abbors explained that after the Board authorizes the General Manager to execute budget shifts where there is no net increase to the budget, the administrative policy will outline how those shifts may actually occur. Board approval is not required for administrative policies. Director Harris inquired if the Action Plan will also be streamlined as part of the changes to the Midyear Budget. Ms. Drayson responded that staff will next be working on efforts to streamline the annual budget processes for future budget years, including potential changes to the Action Plan. Director Harris expressed the need for the District to reduce the number of projects staff manages in order to enable staff to fully complete the approved projects. Assistant General Manager Ruiz reported that staff is looking at their current and future workloads in order to set realistic timeline expectations for projects; however, projects are at times delayed due to factors outside of staff’s control, such as the permitting process of issuing agencies, weather, and other unforeseen factors. Public hearing opened at 8:53 p.m. No speakers were present. Meeting 13-23 Page 7 Public hearing closed at 8:53 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the proposed changes to the Midyear Action Plan and Budget process and associated budget authorities as contained in this report. VOTE: 6-0-0 (Director Kishimoto absent) VII. COMMITTEE REPORTS None. VIII. STAFF REPORTS Administrative Services Manager Kate Drayson reported that four District staff members will be attending the New World Systems conference in October. Attending this conference will allow the District to gain more knowledge and understanding of the software’s capabilities as well as become more active in the system’s user group community. Natural Resources Manager Kirk Lenington reported that the Hicks Flat mercury remediation construction was completed as of September 24. Mr. Lenington also reported that the Mindego Landfill Agreement has been signed and will be going to the Board at a future meeting. Finally Mr. Lenington reported a meeting regarding the Environmental Impact Report for the Integrated Pest Management Guidance Manual will be held on Monday evening at the District’s Administrative Office. Operations Manager David Sanguinetti reported the Ranger and Contingent Project Manager recruitments are in their final stages. District staff is working with San Mateo County Roads and just today began repairs to Alpine Road. Acting Planning Co-Manager Meredith Manning reported the Bear Gulch Trail at El Corte de Madera is halfway completed. Planning staff has visited the proposed trail at Mt. Umunhum and resolved neighbor concerns. Finally, Ms. Manning reported that demolition at Mt. Umunhum has begun. Public Affairs Manager Shelly Lewis presented Director Hanko with a commemorative award from the District in honor of her efforts as one of the District’s founding members. General Manager Abbors reported that more than 600 people attended the Founders’ Day Festival and thanked staff for all of their efforts. Mr. Abbors also reported that he met with Malcolm Margolin of Heyday Books to discuss the possibility of collaborating on another project potentially centered on District docents and volunteers. Finally, General Manager Abbors reported that the Portola Valley Town Council voted 3-1 in favor of supporting the District’s amicus brief in the Lehigh Quarry litigation. Meeting 13-23 Page 8 IX. DIRECTOR REPORTS Directors Siemens Hassett, Harris, and Cyr reported they attended the 80th anniversary celebration event for the Loma Prieta Chapter of the Sierra Club. All of the Directors thanked Public Affairs Manager Shelly Lewis, her staff and all of the District’s staff for their efforts in organizing the Founders’ Day Event and complemented them on its tremendous success. Director Hassett remarked that the South Skyline Association historical book is planned to go to the printer in a month and commented that some of the research completed for that publication may be useful for a possible project with Malcolm Margolin as mentioned by General Manager Abbors. Director Cyr reported he attended the Santa Clara County Open Space Authority’s 20th anniversary event where District was mentioned several times. Director Cyr also reported his attendance as the California Special District Association’s Annual Conference where he attended several useful trainings presented by Brent Ives, who will be facilitating the Board Retreat on October 18. The Board submitted their compensatory forms to the District Clerk. X. ADJOURNMENT President Cyr adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:26 p.m. __________________________________ Jennifer Woodworth District Clerk