HomeMy Public PortalAbout20131211 - Minutes - Board of Directors (BOD)
December 11, 2013
Board Meeting 13-34
*Approved by the Board of Directors on January 8, 2014
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
December 11, 2013
APPROVED MINUTES*
CLOSED SESSION
I. CALL TO ORDER
President Cyr called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 5:01 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 Kevin
Woodhouse, General Counsel Sheryl Schaffner, Assistant General
Counsel Hilary Stevenson
III. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation (Government
Code Section 54956.9(d)(1))
Midpeninsula Regional Open Space District v. County of Santa Clara, et al. (Lehigh
Quarry CEQA Matter)
Santa Clara County Superior Court Case No. 1-12-CV-236881
IV. ADJOURNMENT
President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 5:57 p.m.
Meeting 13-34 Page 2
SPECIAL MEETING
I. CALL TO ORDER
President Cyr called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 6:00 p.m.
President Cyr noted that there were no actions taken to report out of closed session.
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, General Counsel Sheryl
Schaffner, Assistant General Counsel Hilary Stevenson, Operations
Manager David Sanguinetti, Management Analyst II David Topley,
Acting Operations Manager Brian Malone, Senior Management Analyst
Gordon Baillie, Natural Resources Manager Kirk Lenington, Real
Property Manager Mike Williams, Real Property Specialist Allen
Ishibashi, Real Property Specialist Elaina Cuzick, Administrative Services
Manager Kate Drayson, Senior Management Analyst Lynn Tottori,
Accountant Andrew Taylor, Public Affairs Manager Shelly Lewis, Co-
Acting Planning Manager Tina Hugg, Co-Acting Planning Manager
Meredith Manning, Administrative Assistant Jeannie Buscaglia, and
District Clerk Jennifer Woodworth
III. ORAL COMMUNICATIONS
No speakers present.
IV. ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Siemens seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Hanko absent)
V. SPECIAL ORDER OF THE DAY
President Cyr presented Operations Manager David Sanguinetti a proclamation in honor of his
retirement.
Members of the Board shared their personal thoughts and appreciation of Mr. Sanguinetti and his
service to the District.
Meeting 13-34 Page 3
President Cyr presented Operations Manager David Topley a proclamation in honor of his
retirement.
Members of the Board shared their personal thoughts and appreciation of Mr. Topley and his
service to the District.
VI. CONSENT CALENDAR
Agenda Item #1 – Approve Minutes of the November 8, 2013, November 13, 2013, and
November 20, 2013 Special and Regular Board Meetings
Agenda Item #2 – Approve the Revised Claims Report
Agenda Item #3 – Authorization to Amend a Reimbursement Agreement with Ridge
Vineyards, Inc., and Authorization to Amend a Retainer Agreement for Legal Services
with Shute, Mihaly and Weinberger, LLP (R-13-118)
Agenda Item #4 – Change in Credit Card Service Provider (R-13-109)
Motion: Director Riffle moved, and Director Harris seconded the motion to approve the Consent
Calendar.
VOTE: 6-0-0 (Director Hanko absent)
VII. BOARD BUSINESS
Agenda Item #5a – Fiscal Year 2013-14 Midyear Controller’s Report and General
Manager’s State of the District Report for April thru September 2013 (R-13-110)
Agenda Item #5b – Fiscal Year 2013-14 Midyear Controller’s Report (R-13-111)
Agenda Item #5c – Acceptance of the Fiscal Year 2013-14 Midyear State of the District
Report and Approval of the Recommended Action Plan and Budget Adjustments (R-13-
107)
Administrative Services Manager Kate Drayson provided an overview of the three items.
Director Siemens, member of the Action Plan and Budget Committee, stated that the Committee
agreed with the General Manager’s recommendation. Controller Mike Foster provided an
overview of the Controller’s report summarizing the current state of the District’s finances and
budget. Ms. Drayson presented the staff report providing a review of changes to the FY2013-14
Action Plan including new projects, completed projects, projects delayed to the FY2014-15, and
deferred projects. Ms. Drayson also reported on budget modifications of more than $100,000.
Senior Management Analyst Lynn Tottori provided the staff presentation on the State of the
District, including midyear expenditures for various budget categories, proposed midyear
changes to the budget, and the current status of the Hawthorns fund.
Public hearing opened at 6:48 p.m.
Meeting 13-34 Page 4
No speakers were present.
Public hearing closed at 6:48 p.m.
Director Hassett inquired if the new streamlined process for the Midyear report achieved the goal
of saving staff time.
Ms. Drayson reported that the new Midyear process did save staff time, and it is anticipated that
in future years the savings will increase as staff becomes more familiar with the new process.
Director Riffle inquired if the new process met the needs of the other Directors.
The members of the Board agreed that the more concise process and midyear report are an
improvement of the previous midyear process.
Motion: Director Kishimoto moved, and Director Siemens seconded the motion to (1) receive
the Controller’s Fiscal Year (FY) 2013-14 Midyear Financial Review for the six month period of
April 1, 2013 thru September 30, 2013 (R-13-111); (2) receive the General Manager’s FY2013-
14 Midyear State of the District Report and approve the recommended net-zero budget
adjustments (R-13-107); (3) review and accept the attached Fiscal Year (FY) 2013-14 Midyear
Controller’s Report; and (4) accept the General Manager’s Fiscal Year (FY) 2013-14 Midyear
State of the District Report and approve the recommended Action Plan and Budget adjustments
VOTE: 6-0-0 (Director Hanko absent)
Agenda Item #6 – Fiscal Year 2013-14 Action Plan Revisions (R-13-114)
Assistant General Manager Ana Ruiz presented the staff report stating that the proposed
revisions to the FY2013-14 Action Plan are the result of the Board’s direction to staff to prepare
for a potential funding measure in June 2014. Ms. Ruiz summarized the list of Action Plan
projects that will continue as planned based on their being of a high priority due to deadlines,
legal requirements, etc., the projects which will be slowed have a reduced scope, or will require
an increased use of consultants, and the projects proposed for deferral.
Board members asked questions about specific projects proposed for slowdown or deferral. Staff
members provided updates on several projects including the Silva house, El Corte de Madera
staging area, and roadside signage.
Public hearing opened at 7:07 p.m.
Walter Moore, President of Peninsula Open Space Trust, thanked the Board for their efforts.
Public hearing closed at 7:08 p.m.
Motion: Director Riffle moved, and Director Siemens seconded the motion to approve
recommended revisions to the Fiscal Year 2013-14 Action Plan to shift additional staff capacity
to the Capital Finance Project.
VOTE: 6-0-0 (Director Hanko absent)
Meeting 13-34 Page 5
Agenda Item #7 – Approval of a Lease and Management Agreement with Peninsula Open
Space Trust for the Apple Orchard and Event Center Properties as additions to La Honda
Creek Open Space Preserve, located at 6635 La Honda Road, 5711 La Honda Road, and
5460 La Honda Road in the Town of La Honda in unincorporated San Mateo County (San
Mateo County Assessor’s Parcel Numbers 082-130-130, 082-140-010, 082-150-030, 082-150-
040, 083-361-040 and 083-361-100), and Determination that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act (R-13-106)
Director Riffle recused himself and left the room at 7:10 p.m.
Real Property Manager Mike Williams provided the staff report giving a summary of the project
including purchase by the Peninsula Open Space Trust (POST), protection of the San Gregorio
Creek riparian corridor and protected species, and descriptions of the apple orchard and event
center properties. Mr. Williams summarized the provisions of the proposed Lease and
Management Agreement, the recommended use requirements for the Driscoll Event Center,
Event Center partnership and funding opportunities, and use and management considerations.
Director Harris suggested that the seasonal residence at the apple orchard could be used by
hikers, similar to the “Sierra Club Hiker’s Hut” at the Sam McDonald County Park in San Mateo
County.
Director Siemens suggested that the “Rodeo Cost” language under Legal/Administrative
Requirements section of Table 1 in the report be amended to state “Commensurate with use”
deleting the language “not to exceed $1,000 per day.”
Public hearing opened at 7:46 p.m.
Faye Brophy, a member of Equestrian Trail Riders’ Action Committee, thanked the Board for
their decision to open the area to equestrian use. Ms. Brophy inquired whether a permit can be
issued for helicopter landing on the property in search and rescue situations.
Public hearing closed at 7:50 p.m.
Director Harris expressed her concerns regarding camping on District land and recreational use,
specifically related to team roping.
Director Cyr expressed his desire that the District remain cost-neutral regarding uses of the Event
Center and his concerns regarding the proposed uses.
Mr. Williams explained that a majority of the camping facilities to be used by users will be the
same vehicles used to transport their horses.
Real Property Specialist Elaina Cuzick explained that in addition to its recreational nature, team
roping is also a skill learned and used by grazers.
Ms. Brophy commented that team roping skills must be continually reinforced in horses to
provide for effective use.
Meeting 13-34 Page 6
Motion: Director Hassett moved, and Director Siemens seconded the motion to determine that
the recommended actions are categorically exempt from the California Environmental Quality
Act.
VOTE: 5-0-0 (Director Hanko absent and Director Riffle recused)
Motion: Director Hassett moved, and Director Siemens seconded the motion to:
(1) Adopt the Preliminary Use and Management Plan for the Apple Orchard and Event Center
Properties, including the Special Use Requirements, as set out in the staff report;
(2) Allow the following uses to continue at the Event Center:
a) Livestock staging and processing to support conservation grazing at the Preserve (via
the grazing lease)
b) Staging for organized/group rides and access to the tunnel and Preserve roads and
trails (via District use permit)
c) Agricultural and environmental education events (via District use permit)
d) Equine/Livestock Clinics and Trainings (via Facility Use Agreement)
e) Team Roping (via Facility Use Agreement)
f) LGBT Rodeo for a period of up to two years (via Facility Use Agreement)
(3) Authorize the General Manager to:
a) Sign a Lease and Management Agreement for the Apple Orchard and Event Center
Properties with Peninsula Open Space Trust consistent with the terms and conditions
as set out in the staff report
b) Work with the new grazing tenant to formalize the tenant’s responsibility for routine
maintenance and repair of some of the Event Center grounds and infrastructure
through grazing lease
c) Develop a Facilities Use Agreement and work with equestrian user groups to
formalize their role in the maintenance of the equestrian facilities, to supplement the
repair and maintenance work that the grazing tenant would assume.
d) Work with the Peninsula Open Space Trust to complete land management projects at
the Event Center and Apple Orchard properties using available Resource Legacy
grant funds.
e) Approve special use requirements and a Facility Use Agreement for the interim use of
the Event Center (up to 2 years) by the LGBT rodeo.
Director Harris inquired if changes may be made to the Preliminary Use and Management
Agreement in subsequent years depending upon the District’s experience in the intervening
years.
General Manager Abbors stated that changes may be made if it is determined that the approved
uses are not adequately protecting the San Gregorio Creek and watershed.
VOTE: 5-0-0 (Director Hanko absent and Director Riffle recused)
Director Riffle returned to the dais at 8:14 p.m.
The meeting recessed at 8:14 p.m. The meeting reconvened at 8:22 p.m. with Directors Cyr,
Harris, Hassett, Kishimoto, Riffle, and Siemens present.
Meeting 13-34 Page 7
Agenda Item #8 – Approval of an Agreement to Exchange Real Property Interests with
Santa Clara County (County) Roads & Airports concerning County property located on
State Highway 9 and surrounded by Saratoga Gap Open Space Preserve (Santa Clara
County Assessor’s Parcel Number: 503-37-004) and Midpeninsula Regional Open Space
District (District) property located along Stevens Canyon Road at Saratoga Gap and Monte
Bello Open Space Preserves (Portions of Santa Clara County Assessor’s Parcel Numbers:
351-26-002, -003, 351-16-023 and 351-16-014). (R-13-119)
Real Property Specialist Allen Ishibashi provided the staff report summarizing the project and
proposed property exchange for the previously constructed bridges and two bridges proposed for
construction and also describing the design of the two new bridges.
Public hearing opened at 8:32 p.m.
No speakers were present.
Public hearing closed at 8:32 p.m.
Motion: Director Siemens moved, and Director Riffle seconded the motion to authorize the
General Manager to issue three Right of Entry agreements for construction and mitigation
activities related to Santa Clara County’s Stevens Canyon Bridge Replacement Project, subject
to any conditions deemed appropriate by the General Manager to obtain a final resolution of the
proposed property exchange agreement.
VOTE: 6-0-0 (Director Hanko absent)
Agenda Item #9 – Approval to Conform Employer Paid Member Contribution Resolution
for the California Public Employees Retirement System (R-13-120)
Assistant General Manager Kevin Woodhouse provided the staff report explaining that the
proposed resolution is formatting of the resolution to conform to CalPERS requirements.
Public hearing opened at 8:35 p.m.
No speakers were present.
Public hearing closed at 8:35 p.m.
Motion: Director Siemens moved, and Director Riffle seconded the motion to adopt the
attached revised resolution approving the Employer Paid Member Contributions to CalPERS.
VOTE: 6-0-0 (Director Hanko absent)
VIII. COMMITTEE REPORTS
Director Harris reported on a meeting of the Legislative, Funding and Public Affairs Committee
stating that the Committee reviewed and forwarded the proposed names for the Mt. Umunhum
trail and parking area.
Meeting 13-34 Page 8
IX. STAFF REPORTS
Assistant General Manager Kevin Woodhouse stated that Area Superintendents Brian Malone
and Michael Newburn will be serving Acting Operations Managers while recruitment for the
position is ongoing. Also internal recruitment for the Management Analyst II position has
occurred and an announcement regarding the person filling in the acting role will be announced
before the end of the week.
General Manager Steve Abbors reported he met with State Senators Jim Bealle and Jerry Hill,
San Mateo County Supervisor Don Horsley. The Assistant General Managers provided a
presentation on the Vision Plan to the San Mateo City and County Managers Association. Mr.
Abbors reported that the Capital Funding Measure working group met to discuss the Vision Plan
and discussed with the chairs of the Community Advisory Committee the expenditure plan for a
potential funding measure for an upcoming election. Mr. Abbors also provided to the Board an
information sheet regarding a potential bond measure.
X. DIRECTOR REPORTS
Directors Siemens, Hassett, and Cyr reported that they attended the South Skyline Association
Holiday Party.
Director Riffle reported his attendance at a seminar presented by the Savory Institute entitled
Restoring Working Landscapes, Producing Sustainable Meat and stated that they are promoting
cattle grazing as a method of land management.
The Board submitted their compensatory forms to the District Clerk.
XI. ADJOURNMENT
President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:04 p.m.
________________________________
Jennifer Woodworth
District Clerk