HomeMy Public PortalAbout20140924 - Minutes - Board of Directors (BOD)
September 24, 2014
Board Meeting 14-26
*Approved by the Board of Directors on October 8, 2014
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
September 24, 2014
APPROVED MINUTES*
SPECIAL MEETING – STUDY SESSION
CALL TO ORDER
President Harris called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 5:03 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle,
and Pete Siemens
Members Absent: Larry Hassett
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
General Counsel Sheryl Schaffner, Planning Manager Jane Mark, Senior
Planner Tina Hugg, Natural Resources Manager Kirk Lenington, and
District Clerk Jennifer Woodworth
III. Measure AA Bond Oversight Committee (R-14-111)
District Clerk Jennifer Woodworth presented the staff report summarizing the makeup and role
of the Bond Oversight Committee as outlined in Measure AA and described potential options for
an advisory role for the Oversight Committee or separately appointed advisory body. Ms.
Woodworth described the planned recruitment timeline and terms for the Oversight Committee
members and Measure AA requirements regarding appointment of members to the Committee.
Board members discussed various potential advisory roles for the Bond Oversight Committee
and the charges given to the Committee in Measure AA.
Ms. Woodworth explained that the Board may charge the Bond Oversight Committee with
additional responsibilities but cannot limit the responsibilities authorized by Measure AA.
Meeting 14-26 Page 2
Motion: Director Kishimoto moved, and Director Harris seconded a motion to define the scope
and responsibilities of the Bond Oversight Committee as authorized by District Ordinance 14-02
and approved by the voters of the District as Measure AA.
VOTE: 5-1-0 (Director Siemens opposed; Director Hassett absent)
Board members discussed the staff recommended timeline for recruitment of Bond Oversight
Committee members and whether the Committee should meet prior to completion of the
FY2015-16 audit.
Motion: Director Kishimoto moved, and Director Harris seconded the motion to adopt the staff
recommendation for the first term of the Bond Oversight Committee to begin on April 1, 2016
and direct staff to complete all associated recruitment and additional duties to meet that
requirement. Additionally, staff is directed to return to the Board with an outreach plan to
receive input from members of the public who wish to comment on the process.
VOTE: 4-2-0 (Directors Cyr and Siemens opposed; Director Hassett absent)
Board members discussed various methods for appointing applicants to the Bond Oversight
Committee.
Motion: Director Siemens moved that Bond Oversight Committee members be appointed
through a nomination process whereby each Director would nominate one applicant to the
Committee following the interview process.
Motion dies for lack of a second.
Motion: Director Kishimoto moved, and Director Hanko seconded the motion to include in the
Bond Oversight Committee’s bylaws guidelines that the members of the Committee will be
appointed following a public interview process and appointments will be made by the full Board
of Directors. Additionally, criteria for choosing Committee members will reflect the
demographics and geographics of the District as much as possible with a Board preference that at
least one member of the Committee will have a financial background.
Friendly Amendment: Director Riffle offered a friendly amendment that the motion read to
reflect the “diversity and geographics” of the District rather than the “demographics and
geographics.”
Director Kishimoto accepted the friendly amendment.
VOTE: 5-0-1 (Director Siemens abstained; Director Hassett absent)
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to direct staff to
draft an appointment process for Bond Oversight Committee members in accordance with the
direction that each applicant requires at least four votes to be appointed, and each Board member
may vote up to the number of applicants as current openings on the Committee.
Director Cyr withdrew his second on the motion.
Meeting 14-26 Page 3
Director Riffle seconded Director Kishimoto’s motion.
Substitute Motion: Director Riffle moved, and Director Siemens seconded a substitute motion
to direct staff to return to the Board of Directors with a process to appoint Bond Oversight
Committee members following the close of the application period.
VOTE on SUBSTITUTE MOTION: 6-0-0 (Director Hassett absent)
Main motion fails due to passage of the substitute motion.
IV. MEETING CONTINUED
President Harris continued the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:54 p.m. until the closed session following the regular meeting.
REGULAR MEETING
I. CALL TO ORDER
President Harris called the Regular Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 7:02 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle,
and Pete Siemens
Members Absent: Larry Hassett
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Natural Resources Manager Kirk Lenington, Rangeland
Ecologist Clayton Koopman, Planner III Gina Coony, Senior Planner
Meredith Manning, Real Property Manager Mike Williams, Real Property
Specialist Allen Ishibashi, and District Clerk Jennifer Woodworth
III. ORAL COMMUNICATIONS
Ron Keefer, representative Lupin Lodge, spoke regarding the use of water at Lupin Lodge and
requirements for maintenance of a viable water source on the property for fire fighting.
Cindy Gregory, resident of Lupin Lodge, spoke regarding the residential community and water
use at Lupin Lodge.
Glyn Stout read a letter from Sal Carilli, former neighbor of Lupin Lodge and provided copies to
the Board.
Meeting 14-26 Page 4
Lori Stout spoke regarding use of third-party mediation, fire fighting and liability during a forest
fire.
Charles Perkins, member of Lupin Lodge, spoke regarding water usage.
Rochelle Strider, resident of Lupin Lodge, read portions of a letter from James Ciampa of the
California Rural Waters Association.
Martha Shumway, resident of Lupin Lodge, spoke regarding environmental stewardship and
water conservation during the drought.
Hibert Engler, member of Lupin Lodge, spoke regarding the history of Lupin Lodge related to
historic natural disaster response and water usage.
Pamela Pridemore, resident of Lupin Lodge, spoke regarding water usage at Lupin Lodge.
IV. ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Hassett absent)
V. CONSENT CALENDAR
1. Approve Minutes of the Special and Regular Board Meetings of September 10, 2014,
as amended
2. Approve the Claims Report
Director Hanko inquired regarding Claim Number 67587.
Natural Resources Manager Kirk Lenington explained that the payments were to District tenants
as reimbursement for their livestock killed by mountain lions.
Director Harris inquired regarding preventative measures used by District tenants.
Mr. Lenington explained that predation of cattle by mountain lions is unusual, and District staff
is currently looking at deterrence measures.
3. Authorization to Purchase One Hybrid Vehicle (R-14-121)
General Manager’s Recommendation: Authorize the General Manager to execute a purchase
contract with the State Department of General Services and associated contract dealers to
purchase one hybrid vehicle not to exceed $30,000.
4. Partnership with the City of East Palo Alto to Apply for a Habitat Conservation
Fund Program Grant for Cooley Landing Park (R-14-123)
Meeting 14-26 Page 5
General Manager’s Recommendation: Adopt a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District approving a grant application, prepared by the City
of East Palo Alto, as applicant, for funds from the Habitat Conservation Fund Program to
implement future phases of Cooley Landing Park.
Public hearing opened at 7:33 p.m.
No speakers present.
Public hearing closed at 7:33 p.m.
Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent
Calendar, as amended.
VOTE: 6-0-0 (Director Hassett absent)
VI. BOARD BUSINESS
5. Agreement to Install Water Infrastructure at the Russian Ridge Open Space
Preserve (R-14-119)
Rangeland Ecologist Clayton Koopman provided the staff report describing the proposed project,
location of the project, and described the design of the various water infrastructure elements
included in the proposed project.
Director Riffle inquired regarding the location of the various structures in relation to District
trails and visitors to District preserves.
Mr. Koopman explained that the structures will be located off the trails and primarily out of sight
to District visitors.
Public hearing opened at 7:48 p.m.
Mike Bushue inquired regarding availability of water in the Mindego area.
Mr. Koopman described locations of available water in the area.
Public hearing closed at 7:49 p.m.
Motion: Director Riffle moved, and Director Siemens seconded the motion to authorize the
General Manager to enter into an agreement with TKO General Engineering and Construction
Inc. of Woodside, CA, for a total contract amount not to exceed $101,061, which includes the
base bid of $87,879 and a fifteen percent contingency amount of $13,182, to install water
infrastructure at the Russian Ridge Open Space Preserve.
VOTE: 6-0-0 (Director Hassett absent)
Meeting 14-26 Page 6
6. Authorization to Reject All Bids Received August 12, 2014 for the Mount Umunhum
Interim Radar Tower Repair Project located in Sierra Azul Open Space Preserve (R-14-
115)
Planner III Gina Coony presented the staff report summarizing past Board decisions and staff
work regarding Mt. Umunhum. Ms. Coony described the bid process used by District staff and
the bids received for the project. Ms. Coony outlined the various factors contributing to the high
bids received, including current construction market, location of the site, and expanded scope of
the project beyond the engineer’s estimate.
Public hearing opened at 8:18 p.m.
Mike Buncic, resident of Los Gatos, inquired if rejecting all bids will delay access to the site by
the Mt. Umunhum Conservancy and if alteration to the project’s scope will change fundraising
needs for the Conservancy.
Ms. Coony explained that staff reviewed the possible delay and determined the District is still
committed to completing the interim repairs prior to the deadline of the end of the 2014-15 fiscal
year. Ms. Coony continued by stating that the temporary metal panels covering the access doors
to the radar tower continue to function properly and additional metal panels will be installed on
the remaining openings allowing for safe access to the site. Depending on the continuing
functionality of the metal panels, the project’s scope and related Conservancy fund raising
requirements may be reduced.
Brandon Lewke, resident of Redwood City, inquired regarding the difference in costs as listed by
the Mt Umunhum Conservancy and those listed by the District.
Ms. Coony explained that the construction costs are estimated at $300,000 and the $414,000
amount listed by the Mt. Umunhum Conservancy is the estimate for total project costs.
Public hearing closed at 8:21 p.m.
Motion: Director Siemens moved, and Director Cyr seconded the motion to:
1. Authorize the General Manager to reject all bids received to complete the Mount Umunhum
Interim Radar Tower Repair Project at Sierra Azul Open Space Preserve.
2. Authorize staff to re-evaluate the Project scope and solicit new bids to complete the Mount
Umunhum Interim Radar Tower Repair Project at Sierra Azul Open Space Preserve.
VOTE: 6-0-0 (Director Hassett absent)
VII. STAFF REPORTS
No reports from members of staff.
VIII. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk.
Meeting 14-26 Page 7
Director Kishimoto reported that she toured three Santa Clara Valley Water District facilities as
part of her role on their water commission. Director Kishimoto also reported that she will be
attending the CALAFCO conference in October.
Director Hanko reported that she attended the Volunteer Recognition Event and commented on
the entertainment provided and staff’s efforts.
Directors Riffle, Harris, and Siemens reported they attended the Volunteer Recognition Event
and thanked staff for their efforts in organizing the event to thank District volunteers.
Director Harris reported that she attended a meeting of the Save the Redwoods League.
IX. ADJOURN TO CLOSED SESSION
President Harris adjourned the Regular Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District to a closed session at 8:36 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section
54956.8)
Property: 1725 Stevens Canyon Road, Cupertino, CA 95014, Santa Clara County APN
351-16-020
Agency Negotiator: Allen Ishibashi, Real Property Specialist
Negotiating Party: Christopher Lysons
Under Negotiation: Price and terms of payment
X. ADJOURNMENT
President Harris adjourned the closed session of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:25 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk