HomeMy Public PortalAbout20130626 - Minutes - Board of Directors (BOD)
*Approved by the Board of Directors on August 14, 2013
Meeting 13-14
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
June 26, 2013
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
I. ROLL CALL
President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 5:00 p.m.
Members Present: Yoriko Kishimoto, Pete Siemens, Larry Hassett, Nonette Hanko,
Cecily Harris, Curt Riffle, and Jed Cyr
Members Absent: None
Staff Present: General Counsel Sheryl Schaffner and Controller Mike Foster
The Board entered into Closed Session.
REGULAR MEETING – REGULAR SESSION
I. ROLL CALL
President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 7:00 p.m.
Members Present: Yoriko Kishimoto, Pete Siemens, Larry Hassett, Nonette Hanko,
Cecily Harris, Curt Riffle, and Jed Cyr
Members Absent: None
Meeting 13-14 Page 2
Staff Present: General Manager Steve Abbors, General Counsel Sheryl
Schaffner, Natural Resources Manager Kirk Lenington,
Administrative Services Manager Kate Drayson, Real Property
Manager Mike Williams, Public Affairs Manager Shelly Lewis,
Acting Planning Co-Manager Tina Hugg, Docent Program
Manager Renee Fitzsimons, Senior Resource Management
Specialist Cindy Roessler, Real Property Specialist Elaina Cuzick,
Rangeland Ecologist Clayton Koopman, Management Analyst
Gordon Baillie and Interim District Clerk Michelle Radcliffe
President Cyr stated there were no reportable actions taken by the Board during the
Closed Session.
II. ORAL COMMUNICATIONS
Richard Rusnak of Saratoga voiced his support for Glenda Smith on continuing to
manage Bear Creek Stables.
Nancy Cole of Los Gatos voiced her support for Glenda Smith on continuing to manage
Bear Creek Stables.
III. ADOPTION OF AGENDA
The Board moved Agenda Item #6 to be heard before Agenda Item #4.
Motion: Upon motion by Director Kishimoto, seconded by Director Hanko, the Board
adopted the agenda as amended. (Vote: 7-0-0)
IV. CONSENT CALENDAR
Motion: The Board adopted the Consent Calendar to approve the Revised Claims and
Written Communication Board Response to Glenda Smith.
(Vote: 7-0-0)
V. BOARD BUSINESS
1. Agenda Item #6 – Approval of a Recommendation from the Legislative, Funding
and Public Affairs Committee to Designate a Memorial Bench in Honor of Betty
Salveter at Rancho San Antonio Open Space Preserve (R-13-36)
Docent Program Manager Renee Fitzsimons reported that long-time District
Volunteer Steve Salveter submitted a request to the Legislative, Funding, and Public
Affairs Committee (LFPAC) for a memorial bench at Rancho San Antonio Preserve
to honor his wife Betty Salveter who was also a long-time District volunteer. She
stated that at the May 7, 2013 LFPAC meeting, the Committee suggested that the
memorial bench recognition be broadened to honor both Betty and Steve Salveter and
this recommendation was approved. Ms. Fitzsimons stated that Mr. Salveter
afterwards reflected on the Committee’s recommendation and felt it would diminish
Meeting 13-14 Page 3
the recognition for his wife. Mr. Salveter then sent a follow-up communication to
LFPAC to request that his original proposal be reconsidered and that it be forwarded
to the full Board of Directors for approval. Brief discussion ensued.
Public Comment: Steve Salveter thanked the Board for considering his request and
for managing Rancho San Antonio Open Space Preserve.
Motion: Upon motion by Director Riffle, seconded by Director Siemens, the Board
approved the original memorial bench request in honor of Betty Salveter as first
presented to the Committee. (Vote: 7-0-0)
2. Agenda Item #4 – Informational Presentation on Apple Orchard Bioblitz (R-13-62)
Senior Resource Management Specialist Cindy Roessler reported that on May 10,
2013, 21 biologists conducted a bioblitz on 300 acres at the Apple Orchard property
of Driscoll Ranch. She explained that a bioblitz is an event where as many plant and
animal species as possible are identified in a short period of time in a specific area.
Ms. Roessler explained that the bioblitz conducted was over a period of 24 hours.
Discussion was held by the Board.
No action was taken by the Board.
3. Agenda Item #5 – Approve the 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 and Determine that the Recommended Actions
are Categorically Exempt under the California Environmental Quality Act (R-13-60)
Real Property Manager Mike Williams reported that the 308-acre POST Apple
Orchard and Event Center properties are being considered for lease by the District.
He explained that these properties would (1) provide a natural extension of the La
Honda Creek Open Space Preserve with frontage along a public roadway, (2)
improve the District’s ability to patrol and manage the Preserve, (3) help protect San
Gregorio Creek and (4) provide for a future public staging area and trail opportunities
to the Preserve.
Mr. Williams further noted that the properties include a proposed lease and
management agreement and does not include purchasing the property at this time. He
stated that staff considers these properties to be important candidates for future
purchase and if purchase funds are secured, staff anticipates presenting these
properties to the Board in 2015 for consideration to purchase the properties.
The Board expressed concerns on the types of activities that the District will be
expected to provide if it assumes lease and management of the property. Extensive
discussion ensued.
Public Comment: Bob Meehan of La Honda provided a response to questions that
the Board had asked of staff.
Meeting 13-14 Page 4
Mike Bushue of Belmont urged the Board not to close the facilities on the property
while the District determines its use.
Faye Brophie of Emerald Hills urged the Board not to close the facilities on the
property.
Upon Board consensus, this item was referred to the Real Property Committee to
review questions brought up by the Board.
4. Agenda Item #7 – Authorize to Expend $113,000 in Additional Monies for Legal
Services by the Law Firm Shute, Mihaly & Weinberger, LLP on the Lehigh Quarry
California Environmental Quality Act Legislation for a total authorized amount of
$263,000 (R-13-59)
General Counsel Sheryl Schaffner reported that the District currently has a contract
with Shute, Mihaly & Weinberger LLP to represent the District in its challenge to the
County of Santa Clara’s Environmental Impact Report on the Lehigh Permanente
Quarry Reclamation Plan Amendment. She explained that the original estimate for
litigation costs was $150,000 and that due to a request for additional services and
unanticipated issues, an additional $113,000 is needed to pursue litigation through the
trial court phase. Discussion ensued.
Motion: Upon motion by Director Riffle, seconded by Director Kishimoto, the
Board authorized to expend $113,000 in additional monies for legal services with
Shute, Mihaly & Weinberger, LLP, and to increase the operating budget for the same
purpose by $41,000. (Vote: 7-0-0)
5. Agenda Item #8 – Authorization to Award a Stand-By Contract to Balance
Hydrologics, Inc., for Corrective Engineering and Design Services for the El Corte de
Madera Creek Staging Area Project (R-13-12)
Acting Planning Co-Manager Tina Hugg explained that staff has been working with
ARCADIS, the current project engineer for the Staging Area and Connector Trail
Project at El Corte de Madera Creek Open Space, and Balance Hydrologics Inc., peer
reviewer engineer, to resolve the issues regarding the storm water retention basins
and the surface flows received during the storm events that occurred on the weekend
of December 1, 2012. She stated that if an acceptable final corrective design to the
Project is not received from ARCADIS by the end of June, staff recommends that a
stand-by contract be awarded to Balance to assume the project engineering services,
complete the design work, and handle any permitting coordination to complete
construction before October 1st, the deadline set by San Mateo County to finish all
work requiring ground disturbance. Ms. Hugg stated that the stand-by contract to
Balance Hydrologics, Inc., is for a not-to-exceed amount of $55,000 with a 20%
contingency for corrective engineering design of the staging area drainage system and
associated construction oversight. Brief discussion ensued.
Motion: Upon motion by Director Riffle, seconded by Director Harris, the Board
authorized to award a stand-by contract to Balance Hydrologics, Inc., for corrective
Meeting 13-14 Page 5
engineering and design services for the El Corte de Madera Staging Area Project for a
not-to-exceed amount of $55,000 with a 20% contingency. (Vote: 7-0-0)
VI. COMMITTEE REPORTS
There were no reports.
VII. STAFF REPORTS
Public Affairs Manager Shelly Lewis reported that the Volunteer Program Lead
recruitment closes on July 7. She also reminded the Board that the Volunteer
Recognition Event is scheduled for August 24 and that the Founders Day Event is
scheduled for September 14.
Acting Planning Co-Manager Tina Hugg reported that the demolition of the buildings at
Mount Umunhum is scheduled for September 1. She also reported that there is a Vision
Plan CAC meeting on July 17, that the make-up land tour will be held on July 20, and
that the Vision Plan Study Session will be held on July 24.
Senior Resource Management Specialist Cindy Roessler provided an update on staff
progress in retaining a grazing tenant for La Honda and stated that an intern was hired for
the Slender False Brome project.
Real Property Manager Mike Williams reported for Real Property and Operations and
stated that there was a vehicle fatality that occurred on one of the District’s preserves on
Highway 9. He also reported that the Santa Clara County Board of Supervisors approved
the Lobner funding agreement and that it will go to the Board of Supervisors again in
August for the second reading of the resolution.
General Manager Steve Abbors reported that he is working with the Assistant General
Managers and that the new District Clerk will begin on July 8.
VII. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk. President Cyr stated
that this meeting has been dedicated to Bo Gimbal.
Director Siemens reported that he visited a cousin in Michigan and shared how purple
martins visit his cousin’s property.
Director Hanko reported that she attended the Legislative Picnic and stated that her
Hawaiian band performed at the picnic.
Director Kishimoto requested that a memorial bench for Bo Gimbal be referred to the
Legislative, Funding and Public Affairs Committee.
Meeting 13-14 Page 6
Director Hassett reported that he attended the Special Parks District Forum in Vancouver,
British Columbia and shared his experience with the Board.
VIII. ADJOURNMENT
President Cyr adjourned the Regular Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 10:38 p.m.
Michelle Radcliffe, CMC
Interim District Clerk