HomeMy Public PortalAbout20131113 - Minutes - Board of Directors (BOD)
November 13, 2013
Board Meeting 13-32
*Approved by the Board of Directors on December 11, 2013
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Cunha Intermediate School
600 Church Street, Half Moon Bay, CA 94019
November 13, 2013
APPROVED MINUTES*
REGULAR MEETING
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, Nonette Hanko, Cecily Harris, Larry Hassett, Curt Riffle, and
Pete Siemens
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Administrative Services Manager Kate Drayson, Natural
Resources Manager Kirk Lenington, Public Affairs Manager Shelly
Lewis, Human Resources Supervisor Candice Basnight, Real Property
Manager Mike Williams, Real Property Specialist Elaina Cuzick, Area
Superintendent Brian Malone, and District Clerk Jennifer Woodworth
III. ORAL COMMUNICATIONS
There were none.
IV. ADOPTION OF AGENDA
Motion: Director Hanko moved, and Director Riffle seconded the motion to adopt the agenda.
Meeting 13-32 Page 2
VOTE: 6-0-0 (Director Kishimoto absent)
V. CONSENT CALENDAR
Agenda Item #1 – Approve Minutes of the Special and Regular Board Meetings
October 2, 2013
October 9, 2013
October 15, 2013
October 16, 2013
October 23, 2013
Motion: Director Riffle moved, and Director Siemens seconded the motion to approve the
minutes of October 2, 2013, October 9, 2013, October 15, 2013, October 16, 2013, and October
23, 2013.
VOTE: 6-0-0 (Director Kishimoto absent)
Agenda Item #2 – Approve the Revised Claims Report
Director Harris inquired if the furniture described in claim number 21239 was for more than one
office.
General Manager Abbors responded that this charge represents office furniture for both of the
Assistant General Managers’ offices.
Director Riffle inquired as to the length of the contract with Minh Le referenced in claim number
21245.
Mr. Abbors responded that Mr. Le’s contract expires at the end of FY2013-14.
Motion: Director Riffle moved, and Director Hanko seconded the motion to approve the Revised
Claims Report.
VOTE: 6-0-0 (Director Kishimoto absent)
Agenda Item #3 – Authorization to Amend a Contract with Alexander Atkins Design, Inc.,
to continued Graphic Design Services for a Total Amount Not-to-Exceed $45,000 through
March 31, 2014 (R-13-104)
Director Riffle inquired if another Request for Proposals for this type of professional service will
be issued at end of the current fiscal year.
Public Affairs Manager Shelly Lewis responded that a Request for Proposals will be distributed
near the end of the current fiscal year for this category of professional services.
Motion: Director Riffle moved, and Director Siemens seconded the motion to amend a contract
with Alexander Atkins Design, Inc. (ADD) to continue providing graphic design services for a
total amount not-to-exceed $45,000 through March 31, 2014.
VOTE: 6-0-0 (Director Kishimoto absent)
Meeting 13-32 Page 3
Agenda Item #4 – Adoption of Board Policy 1.01, “Board Policy Manual” (R-13-102)
Director Siemens suggested that the language in the final paragraph of the policy should be
changed from “any meeting in which they are scheduled for consideration” be altered to read
“any meeting in which it is scheduled for consideration.”
Director Siemens requested staff determine if a policy related to Board dental care exists and if
so to include that policy in the Board Policy Manual.
Motion: Director Siemens moved, and Director Riffle seconded the motion to approve Board
Policy 1.01, entitled “Board Policy Manual” and direct staff to organize the Board’s current
policies and Rules of Procedure into a Board Policy Manual, as amended.
VOTE: 6-0-0 (Director Kishimoto absent)
Agenda Item #5 – Adoption of Board Policy on Budget and Expenditure Authority (R-13-
92)
Motion: Director Siemens moved, and Director Riffle seconded the motion to adopt the Board
Policy on Budget and Expenditure Authority to formalize the budget authorities that are
delegated to the General Manager consistent with prior Board discussion and approval of budget
authorities.
VOTE: 6-0-0 (Director Kishimoto absent)
VII. BOARD BUSINESS
Agenda Item #6 – Grazing Tenant Selection for Driscoll and McDonald Ranches (R-13-
103)
Natural Resources Manager Kirk Lenington provided the staff report. Mr. Lenington described
the Driscoll and McDonald Ranches and their natural resource values. Mr. Lenington provided a
list and map of District properties currently grazed and those the District plans to introduce
grazing to the future. Finally, Mr. Lenington described the Request for Proposal process used by
District staff to solicit, review, and recommended selection of tenants for the Driscoll and
McDonald Ranches.
Director Riffle inquired about the District’s grazing rate as compared to the rate charged by
Rudy Driscoll.
Mr. Lenington explained that the District’s rate may be lower and will fluctuate over time;
however, the District is more concerned that grazing being distributed throughout the land rather
than concentrated in localized areas.
Director Hassett inquired as to whether the District will continue to be responsible for stock pond
repairs and infrastructure improvements.
Meeting 13-32 Page 4
Mr. Lenington explained that the tenants will be responsible for stock pond maintenance, but the
District will cover costs for major repairs and construction. Also infrastructure improvements
will largely be funded by District tenants who will then receive rent credit from the District.
Public hearing opened at 7:31 p.m.
Allan Renz, with AgCo Hay, LLC, spoke in support of the General Manager’s recommendation.
Russ Fields, with Fields Livestock, spoke against the Request for Proposal process employed by
the District to recommend a grazing tenant and read and submitted a letter of appeal to the
Board.
KC Andersen spoke against the Request for Proposal process employed by the District to
recommend a grazing tenant.
Lea Lee Markegard spoke in favor of the General Manager’s recommendation.
Public hearing closed at 7:42 p.m.
Mr. Abbors provided comments on the process used by the District to recommend tenants for
lease of the Driscoll and McDonald Ranches. Mr. Abbors explained that the lease was divided
between two tenants in order to promote the District’s policy of encouraging local tenants to be
involved in local agriculture and to help local coastal grazing operators develop greater capacity,
create a more competitive pool for future leases, and strengthen the region’s agricultural
economy.
Mr. Fields inquired as to how the District would be responding to his appeal.
General Counsel Sheryl Schaffner responded that the Request for Proposal process does not
contain an appeal process and one is not required by law; however, the Board may determine
whether they are interested in creating an appeal process.
Director Hassett inquired if the General Manager’s recommendation stands following comments
from the Board and members of the public.
Mr. Abbors stated that his recommendation stands.
Motion: Director Hanko moved, and Director Siemens seconded the motion to approve staff’s
recommendation, authorizing the General Manager to select tenants for Driscoll and McDonald
Ranches and negotiate and execute grazing leases as follows: (1) award the two leases
separately, with one going to the most qualified applicant from the tier with the largest existing
capacity and the other going to the most qualified applicant from the tier needing the opportunity
to develop additional capacity; (2) for the Driscoll Ranch grazing lease, select AgCo Hay, LLC
from the first tier; (3) for the McDonald Ranch grazing lease, select Markegard Family Grass-
Fed from the second tier; (4) in the event that leases cannot be successfully negotiated with either
of the parties above, negotiate and execute grazing leases with the second most qualified
applicants as laid out in the staff report.
VOTE: 6-0-0 (Director Kishimoto absent)
Meeting 13-32 Page 5
The meeting recessed at 8:02 p.m.
The Board reconvened at 8:07 p.m. with Directors Cyr, Hanko, Harris, Hassett, Riffle, and
Siemens present.
Agenda Item #7 – Approval of Comparator Benchmark Agencies for the 2013
Compensation Survey Update (R-13-97)
Assistant General Manager Kevin Woodhouse provided a brief overview of compensation
studies and their value to the organization. Mr. Woodhouse also explained that the compensation
study will look at both members of the Field Employees Association and unrepresented District
staff.
Human Resources Supervisor Candice Basnight provided the staff report summarizing the
background for the process including the requirement for a compensation study in Field
Employee’s Association (FEA) Memorandum of Agreement, the creation of a Compensation
Study Committee comprised of FEA and District management representatives, and the work
completed by the Compensation Study Committee. Ms. Basnight provided a list of the
recommended comparator agencies and explained Koff & Associates’ application of a
geographic adjuster to data from comparator agencies outside of the District’s geographic
location. In order to receive employee feedback and input, the list of proposed comparator
agencies and supporting documentation were distributed to District staff and solicited feedback
through a conference call with Koff & Associates, emails, and onsite meetings. Ms. Basnight
provided the Action Plan & Budget Committee’s recommendations. Finally, Ms. Basnight
summarized the next steps in the process once the Board approves the list of comparator
agencies.
Director Hassett expressed his concerns regarding the process of selecting comparator agencies.
Katie Kaneko explained that these studies often request input from employees regarding
comparator agency selection; however, Koff & Associates created the list of comparator
agencies, and the Board must approve the list.
Director Riffle inquired about the difference between the cost of living and the cost of labor.
Ms. Kaneko explained that the cost of living is the amount consumers will pay for goods,
including housing. Cost of labor represents on the value employers place on their employees’
wages. Cost of living affects the cost of labor; however, employers also factor in their need to
remain competitive.
Public hearing opened at 8:48 p.m.
Alexander Hapke, FEA Secretary, spoke against the inclusion of the County of Riverside in the
list of comparator agencies, the higher cost of living in the Bay Area as compared to the
Riverside area, and the Compensation Study Committee’s recommendation that the County of
Riverside be excluded.
Meeting 13-32 Page 6
Grant Kern, MROSD Field Employees Association member, spoke in favor of the collaborative
process used by the Compensation Study Committee and spoke against the ranking system used
by Koff & Associates when choosing the comparator agencies.
Brennon McKibbin, MROSD Field Employees Association member, spoke against the exclusion
of Santa Clara Valley Water District from the list of comparator agencies.
Ken Bolle, MROSD Field Employees Association member, spoke against the inclusion of
comparator agencies outside of the District’s geographic location and shared his regarding his
work at the District.
Eric Stanton, MROSD Field Employees Association member, spoke regarding a lack of cost of
living increases received by field staff in recent years, against the ranking system used by Koff &
Associates when choosing comparator agencies, and against the inclusion of the County of
Riverside in the list of comparator agencies.
Steve Gibbons, MROSD Field Employees Association member, asked the Board to thoughtfully
consider the statements made by members of District staff tonight when choosing and approving
comparator agencies.
Kerry Carlson, Vice-President of the MROSD Field Employees Association, spoke against
inclusion of comparator agencies outside of the Bay Area in the Compensation Study.
Craig Beckman, Skyline Construction and Maintenance Supervisor, spoke regarding the
perceived value of District staff as viewed by staff and its effect on staff members.
Public hearing closed at 9:16 p.m.
Mr. Woodhouse stated that a decision was not made by the Compensation Study Committee to
remove the County of Riverside from the list of comparator agencies; however, the
Compensation Study Committee did direct Ms. Kaneko to study what effects excluding the
County of Riverside would have on the Compensation Study
Director Siemens expressed his opinion that the County of Riverside should be included in the
list of comparator agencies but believes analysis of the data should be completed to determine if
any of the data points are statistically insignificant.
Director Hanko expressed her desire that the Bay Area cost of living be included as an important
factor when looking at the results of the compensation study.
Director Harris inquired if the requirement to include four data points for benchmark position
comparison is industry practice or required by law, and Ms. Kaneko responded that this is an
industry practice.
Director Hassett stated his opinion that the County of Riverside benchmark positions only be
included when they provide for a fourth comparator position.
Meeting 13-32 Page 7
Director Riffle inquired if Santa Clara Valley Water District has comparable positions, and Ms.
Kaneko provided several areas where the Santa Clara Valley Water District does not have
programs analogous to District programs.
Brennon McKinnin, MROSD Field Employees Association member, stated that the Santa Clara
Valley Water District has resource management activities, including vegetation management,
erosion control, and watershed protection.
Rick Perry, MROSD Field Employees Association member, commented on former Director
Mary Davey’s remark that the District has the world’s greatest staff and provided examples of
work completed by District staff.
Lisa Bankosh, an unrepresented District employee, stated the administrative staff did suggest that
Santa Clara Valley Water District be included as a comparator agency for administrative
positions.
Director Riffle inquired as to the cost of increasing the number of comparator agencies. Ms.
Kaneko responded that she does not know the exact cost of adding additional comparator
agencies because it will depend on the number of benchmark positions in the comparator
agencies.
General Manager Abbors commented on the classification and compensation study completed in
2010 stating that it was completed during an economic recession, and the current Compensation
study being considered by the Board is the result of a union-negotiated agreement to complete a
follow-up compensation study three years later to determine if any changes have occurred in the
intervening years. Mr. Abbors also commented on the District’s excellent fiscal management of
the District and its ability to weather financial storms.
Motion: Director Riffle moved, and Director Hassett seconded the motion to approve the
comparator benchmark agencies recommended by Koff & Associates to complete the 2013
Compensation Survey update with the addition of Santa Clara Open Space Authority and Santa
Clara Valley Water District as comparator agencies.
VOTE: 6-0-0 (Director Kishimoto absent)
VIII. COMMITTEE REPORTS
Director Riffle reported that the Action Plan and Budget Committee reviewed the Midyear
Budget and Action Plan and recommended approval by the full Board when it is brought to
them.
IX. STAFF REPORTS
There were none.
X. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk.
Meeting 13-32 Page 8
Director Cyr reported that he has appointed Directors Kishimoto, Riffle, and Siemens to the ad
hoc committee formed during the Special Meeting held on November 8, 2013.
XI. ADJOURNMENT
President Cyr adjourned the Regular Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 10:06 p.m.
________________________________
Jennifer Woodworth
District Clerk