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Home My Public Portal About20130828 - Minutes - Board of Directors (BOD) August 28, 2013 Board Meeting 13-20 *Approved by the Board of Directors on September 11, 2013 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 August 28, 2013 APPROVED MINUTES* SPECIAL MEETING – 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 6:02 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, General Counsel Sheryl Schaffner, Assistant General Counsel Hilary Stevenson, Real Property Manager Mike Williams, and Real Property Specialist Allen Ishibashi President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:01 p.m. REGULAR MEETING – REGULAR SESSION I. CALL TO ORDER President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:07 p.m. II. ROLL CALL Meeting 13-20 Page 2 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, Administrative Services Manager Kate Drayson, Natural Resources Manager Kirk Lenington, Planner III Gina Coony, Planner I Alex Roa, Acting Planning Co-Manager Tina Hugg, Public Affairs Manager Shelly Lewis, Real Property Manager Mike Williams, Operations Manager David Sanguinetti, Real Property Specialist Allen Ishibashi, and District Clerk Jennifer Woodworth III. REPORT OUT OF CLOSED SESSION General Counsel Sheryl Schaffner reported a closed session was held on August 28, 2013 pursuant to Government Code Section 54956.9 (d)(1) – Existing Litigation. General Counsel Schaffner reported that by a vote of 6-0 with one absence, the Board voted to direct staff to prepare and file an amicus brief in support of the Bay Area Citizens for Clean Environment v. Santa Clara County, et al. litigation, with direction to work with other affected communities that are considering doing the same. General Counsel Schaffner reported that by a vote of 6-0 with one absence, the Board approved the negotiated settlement agreement in the Midpeninsula Regional Open Space District v. Chiocchi, et al. litigation, which will resolve all claims in the lawsuit. IV. ORAL COMMUNICATIONS There were none. V. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hanko absent) VI. CONSENT CALENDAR Motion: Director Kishimoto moved, and Director Harris seconded the motion to approve the Consent calendar as amended. VOTE: 6-0-0 (Director Hanko absent) Meeting 13-20 Page 3 Agenda Item #1 – Approve Minutes of the Special and Regular Board Meetings August 14, 2013 Agenda Item #2 – Approve the Revised Claims Report Agenda Item #3 – Written Communications R. Fry Agenda Item #4 – Resolution of the Board of Directors Commending the Loma Prieta Chapter of the Sierra Club for 80 Years of Successful Protection of Our Local Environment Agenda Item #5 – Approval of a patrol and maintenance easement and quitclaim deeds between Marvin D. and Alma P. Burkett (Burkett) and the Midpeninsula Regional Open Space District (District) (APN 517-35-002); approval of quitclaim deeds between L. Katherine Ferrari (Ferrari) and the Midpeninsula Regional Open Space District (APN 517-35-004); and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) (R-13-76) VII. BOARD BUSINESS Agenda Item #6 – Authorization to Award a Contract to Questa Engineering Corporation for Engineering, Geotechnical, Geological, Permitting, and Environmental Review Services (R-13-78) Acting Planning Co-Manager Tina Hugg provided the staff report outlining the process used by the Real Property, Planning, Operations, and Natural Resources departments to determine the need for a single consulting firm that can meet those departments’ similar needs for engineering and environmental review services in relation to numerous high priority Action Plan projects. In order to streamline the process for requesting consultants for these individual projects, a single firm was sought to provide these services which could be more easily managed by District staff as opposed to staff managing multiple firms providing similar services on separate projects. Questa Engineering was chosen based on their experience and qualifications. Director Hassett inquired as to whether this approach to choosing a single firm for multiple projects is actually cost effective. Assistant General Manager Ana Ruiz explained that for awarding contracts for construction projects, the District is required to choose the lowest responsible and responsive bidder. However, for professional services contracts, price is not the single determining factor, but contracts are awarded based on experience and qualifications. Director Siemens inquired about whether there were limits built into the contract. Acting Planning Co-Manager Tina Hugg explained that the selected consultant would be working on a known list of projects provided by the departments, starting with those projects that are ready to begin. The firms that were not selected but were still deemed qualified by this process, will be added to a Prequalified Consultant List and may be utilized for subsequent projects in the future. Assistant General Manager Ruiz explained Meeting 13-20 Page 4 that there is a $200,000 limit on the Questa Engineering contract, but the list of prequalified consultants will remain active for two years. Ms. Ruiz also stated that staff plans to ask for Board approval at a later date to amend the policy to extend the time limit of the list of prequalified consultants to three years. Director Riffle asked if the cost savings would come more from lower professional service costs or from increased staff efficiency. Ms. Hugg explained that the primary advantage to this type of contract and the streamlined process is the resultant staff efficiency. Director Kishimoto asked if the current contract rates will remain unchanged for the duration of the contract. Ms. Hugg explained these rates could be renegotiated upon amendment or extension of the contract, or for subsequent contracts with the consultant. Public hearing opened at 7:36 p.m. No speakers were present. Public hearing closed at 7:36 p.m. Motion: Director Hassett moved, and Director Siemens seconded the motion to authorize the General Manager to award a contract to Questa Engineering Corporation for an amount not-to-exceed $200,000 to provide engineering, geotechnical, geological, permitting, and environmental review services to implement District priority projects. VOTE: 6-0-0 (Director Hanko absent) Agenda Item #7 – Authorization to Award a Contract to Confluence Restoration for Planting and Landscape Maintenance Services for the Mindego Gateway Staging Area and Commemorative Site located at Russian Ridge Open Space Preserve (R- 13-75) Planner I Alex Roa provided the staff report describing the planting areas of the Mindego Gateway Staging Area and Audrey Rust Commemorative Site. Mr. Roa offered a breakdown of the various components of the planting and maintenance plan, including types of plants, browse protection and associated replanting as needed, and seasonal and annual reports to be provided by the contractor. Director Hassett inquired if the Peninsula Open Space Trust (POST) will be funding this contract. Planner III Gina Coony explained that the District’s Memorandum of Understanding with POST establishes that POST will cover costs for ten years up to $15,000 a year in addition to planting costs. POST has also agreed to fully cover maintenance for the first three years. There will be no impact on the District’s budget resulting from this contract. Director Kishimoto inquired if the maintenance at the Mindego Gateway area is more extensive than at other District sites. Acting Planning Co-Manager Hugg explained that the District does have maintenance agreements for other sites, such as El Corte de Madera, but this agreement and maintenance is more encompassing. Meeting 13-20 Page 5 Public hearing opened at 7:47 p.m. No speakers were present. Public hearing closed at 7:47 p.m. Motion: Director Kishimoto moved, and Director Riffle seconded the motion to authorize the General Manager to enter into a contract with Confluence Restoration, from Santa Cruz, for a not-to-exceed amount of $98,143 for planting and landscape maintenance for the Mindego Gateway site located at Russian Ridge Open Space Preserve. VOTE: 6-0-0 (Director Hanko absent) Agenda Item #8 – Approval of Amendment Two of the Partnership Agreement with the City of East Palo Alto to Facilitate Completion of Phases II and III of the Cooley Landing Vision Plan (R-13-73) Director Riffle recused himself from the matter and left the room at 7:49 p.m. Acting Planning Co-Manager Tina Hugg provided the staff report describing the various projects planned for Phases II and III of the Cooley Landing Vision Plan. Ms. Hugg explained that Amendment Two to the Partnership Agreement will allow the City of East Palo Alto to move forward in the bidding, construction, and design of Phases II and III. Public hearing opened at 7:52 p.m. No speakers were present. Public hearing closed at 7:52 p.m. Motion: Director Harris moved, and Director Hassett seconded the motion to adopt the attached Resolution authorizing Amendment Two of the Partnership Agreement with the City of East Palo Alto to facilitate completion of Phases II and III of the Cooley Landing Vision Plan in late 2013, and late 2014, respectively. VOTE: 5-0-0 (Director Hanko absent; Director Riffle recused) Following action on this item, Director Riffle returned to the room and took his seat at the dais at 7:53 p.m. Agenda Item #9 – Budget Guidelines for Board Conference Attendance (R-13-79) Assistant General Manager Kevin Woodhouse provided the staff report and explained that the changes to the policy and associated increase in Director attendance at relevant conferences and seminars will assist the District in elevating its visibility. Meeting 13-20 Page 6 Director Hassett requested examples of essential training courses. General Manager Abbors stated that the California Special Districts Association has numerous trainings for new board members as well other possible trainings that have not yet been utilized by the District or its Directors, which would fall into this category of essential training. Director Riffle inquired if the current budget has been inadequate for Directors to attend training seminars in past fiscal years. Assistant General Manager Woodhouse explained that use of the current training budget varies among the Directors, and an increased budget may allow for Directors to attend more useful trainings knowing that those trainings would not have to be paid for by the individual Directors. Discussion ensued regarding the high value of many of the conferences. Director Siemens inquired as to why the money is not being carried over between each budget year and expressed concern that Directors would be limited to $1,000 per year, which is a decrease from the $1,200 potentially available for Directors to use in a single year. Mr. Woodhouse explained that this change is in accordance with best accounting practices in order to accurately budget from year to year. Friendly Amendment: Director Siemens moved, and Director Hassett seconded a friendly amendment to increase the amount from $1,000 to $1,200 per fiscal year per Director for the “General Funding” category of Director training. VOTE: 4-2-0 (Director Kishimoto and Director Riffle opposed; Director Hanko absent) Public hearing opened at 8:18 p.m. No speakers were present. Public hearing closed at 8:18 p.m. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to approve revisions to Board Policy, “Budget Guidelines for Board Conference Attendance,” adjusting the amount of funds budgeted annually for Board Members to attend conferences and trainings related to District business. VOTE: 6-0-0 (Director Hanko absent) VIII. COMMITTEE REPORTS Director Riffle reported that a Planning and Natural Resources Committee meeting was held yesterday. In addition to an excellent and thorough staff report presented by Planning Consultant Del Woods, the meeting led to a positive and productive discussion regarding the Bear Creek Stables. Director Hassett and President Cyr agreed with Director Riffle and thanked staff for their continued work on the project. Meeting 13-20 Page 7 IX. STAFF REPORTS Operations Manager David Sanguinetti reported the District has entered into an agreement with the San Mateo County Fire Department to use their radio frequency for communications, which should aid in District staff response to incidents in the area. Mr. Sanguinetti also announced two-year renewal of agreements with Mountain View Dispatch and Deer Hollow Farm. Real Property Manager Mike Williams reported that the District provided comments on two new bridges being built by San Mateo County Roads. Acting Planning Co-Manager Tina Hugg provided a description of the layout of the new staging area at El Corte de Madera Open Space Preserve and a brief explanation of the planned drainage system at the site. The site is expected to be opened in the spring. Natural Resources Manager Kirk Lenington provided an update on the Vision Plan reporting that a first draft of the Vision Plan Priority Actions is complete and will be presented to the General Manager and District staff for review. A Board workshop on the Vision Plan is scheduled for early October as well as a Community Advisory Committee meeting in September. Public deliberation meetings will be scheduled for October and November and will be held throughout the District. Public Affairs Manager Shelly Lewis reported on the success of the Volunteer Recognition Event and provided updates on several upcoming District events, including the Founders’ Day Event and the Audrey Rust Commemorative Site Opening. Public Affairs Manager Lewis also provided to the Directors copies of several new District publications. General Manager Abbors reported he met with Darla Guenzler from the California Council of Land Trusts. He also reported that the outcome of AB904 should be known in the next few weeks, and opposition to the bill continues to grow in the southern sub- district. Finally, General Manager Abbors stressed the importance of remaining relevant as an agency as the demographics of the state continue to change, especially by serving families in the community. X. DIRECTOR REPORTS Director Siemens reported that he attended the Volunteer Recognition Event. He also asked that the Vision Plan include projects that can be beneficial to families. Director Riffle attended a Packard Foundation event at Cooley Landing and commended Acting Planning Co-Manager Hugg’s presentation on the District and stressed the importance of Cooley Landing to the community. Director Kishimoto expressed that it is important to build partnerships with other agencies that promote similar causes and build goodwill. She also noted that the Hidden Villa event is on the same date as the Sierra Club Event. Meeting 13-20 Page 8 Director Harris stated that the 10th anniversary event for the Fifield-Cahill Ridge Trail will be held on September 15th at the Pulgas Water Temple. Director Hassett noted that he witnessed the removal of a marijuana grow site on Skyline. He also stated that he attended and enjoyed the Staff BBQ and Volunteer Recognition Event and expressed his appreciation to staff for organizing both events. Lastly, Director Hassett announced his company will be opening a new hardware store in Redwood City. Director Cyr announced that he attended the Staff BBQ and Volunteer Recognition Event. He also mentioned an article in the California Special District magazine related to building support for District funding needs. The Board submitted their compensatory forms to the District Clerk. XI. ADJOURNMENT President Cyr adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:01 p.m. __________________________________ Jennifer Woodworth District Clerk