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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