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Home My Public Portal About20140514 - Minutes - Board of Directors (BOD) May 14, 2014 Board Meeting 14-12 *Approved by the Board of Directors on May 28, 2014 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 May 14, 2014 APPROVED MINUTES* SPECIAL MEETING – CLOSED SESSION I. CALL TO ORDER President Harris called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 5:35 p.m. II. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko and Larry Hassett Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Counsel Hilary Stevenson, Real Property Manager Mike Williams, Real Property Specialist Allen Ishibashi 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9(d)(1)) Name of Case: Midpeninsula Regional Open Space District v. Chiocchi Santa Clara County Superior Court Case No. 1-12-CV-221622 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) Property: Santa Clara County APN 562-22-017 Agency Negotiator: Allen Ishibashi, Real Property Specialist Negotiating Party: Norm Matteoni, Attorney at Law Under Negotiation: Terms of real property transaction The Board of Directors convened into Closed Session. IV. ADJOURNMENT Meeting 14-12 Page 2 President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:00 p.m. 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 7:05 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, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Acting Operations Manager Michael Newburn, and District Clerk Jennifer Woodworth III. REPORT OUT OF CLOSED SESSION (IF NECESSARY) (The Board shall publicly state any reportable action taken in closed session pursuant to Government Code Section 54957.1) President Harris noted that there were no actions to report out of closed session. IV. ORAL COMMUNICATIONS No speakers were present. V. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Hanko seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hassett absent) VI. CONSENT CALENDAR 1. Approve Minutes of the Regular Board Meeting of April 23, 2014, as amended. 2. Approve the Claims Report 3. Approval of Grant of Access Easement and Quitclaim Deed between James F. Wickett et al. (San Mateo County Assessor’s Parcel Numbers 081-120-060 and 081- 120-070) and Midpeninsula Regional Open Space District across Tunitas Creek Open Space Preserve (Preserve) (San Mateo County Assessor’s Parcel Number 081- Meeting 14-12 Page 3 090-020), and Authorize the General Manager to issue a permit for drilling an agricultural well on the Preserve at Mr. Wickett’s expense (R-14-75) General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in this report. 2. Adopt a Resolution authorizing the Grant of Access Easement and Acceptance of Quitclaim Deed between the District and James F. Wickett et al. 3. Authorize the General Manager to issue a permit to drill an agricultural well on the Preserve to benefit the District’s conservation grazing program. 4. Purchase of a Prefabricated Vault Restroom for the Bald Mountain Parking Area (R-14-78) General Manager’s Recommendation: Authorize the General Manager to execute a purchase order with CXT Concrete Buildings, Inc., under the National Joint Powers Alliance contract for a prefabricated concrete restroom, to be installed at the new Bald Mountain Parking Area, in the Sierra Azul Open Space Preserve, for an amount not to exceed $50,000. 5. Grant Agreement with the California Department of Fish and Wildlife for Funding Assistance for the Driscoll Ranch Sediment Reduction to San Gregorio Creek Project (R- 14-77) General Manager’s Recommendations: 1. Adopt a Resolution approving the terms and conditions of the proposed grant agreement with the California Department of Fish and Wildlife for funding assistance for the Driscoll Ranch Sediment Reduction to San Gregorio Creek Project. 2. Authorize the General Manager to execute the Grant Agreement prior to submission of a request to the Grantor for disbursement of grant funds. Public hearing opened at 7:06 p.m. No speakers present. Public hearing closed at 7:06 p.m. Motion: Director Cyr moved, and Director Siemens seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Hassett absent) VII. BOARD BUSINESS 6. Appointment of Marianne Chance as a District Peace Officer (R-14-27) Acting Operations Manager Michael Newburn introduced Marianne Chance as a new Ranger for the District and provided a brief description of Ms. Chance’s background and experience. Public hearing opened at 7:10 p.m. Meeting 14-12 Page 4 No speakers present. Public hearing closed at 7:10 p.m. Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt a Resolution appointing Marianne Chance as a Peace Officer. VOTE: 6-0-0 (Director Hassett absent) Mr. Newburn administered the loyalty oath to Ms. Chance. Ms. Chance’s father Deputy Ken Ingram of the Marin County Sheriff’s Office performed the badging ceremony for Ms. Chance. 7. Adoption of Board Policy 2.02, “Board Appointee Performance Evaluation Process” (R-14-79) Assistant General Manager Kevin Woodhouse provided the staff report summarizing the background of the proposed policy, including discussions held by the Board Appointee Evaluation Committee and review of the proposed policy by the Board appointees. Mr. Woodhouse outlined the steps included in the proposed policy and the proposed timeline for completing the Board appointees’ evaluations. Director Kishimoto inquired where copies of the final evaluations will be maintained. General Manager Steve Abbors commented that copies of all staff evaluations are kept by the Human Resources Division. Director Riffle commented that District staff assistance will be needed to help the process move smoothly. Mr. Abbors commented the District Clerk will assist in scheduling required Committee and Board meetings, the Human Resources Supervisor will provide any requested comparable compensation data, and outside legal counsel may be consulted if needed. The Board members commented on the drafting of the individual appointees’ evaluations stating that the members of the Board Appointee Evaluation Committee will draft the evaluations. The Board members discussed the evaluation forms for the individual Board appointees and suggested including professional development criteria in the District Controller evaluation form. Discussion ensued, and the Board members decided that the current evaluation criteria for all of the appointees was sufficient and could be further refined at a later date if needed. Directors Riffle and Hanko expressed their opinions that feedback from staff be included as part of the appointees’ evaluations. Extensive discussion ensued among the Board members regarding the value of such feedback including its goals and objectives, weighing of the feedback against other elements of the evaluation process, and use of consultants to assist in a feedback process. Meeting 14-12 Page 5 Director Riffle suggested that the Board Appointee Evaluation Committee further study the use of staff feedback as part of the appointees’ evaluations. Mr. Abbors commented that if feedback is included as part of the evaluation process then feedback from external sources as well as internal sources should be included. Director Riffle suggested the Board and the Board Appointee Evaluation Committee look at the policy again following this year’s evaluation process in late summer or early fall to determine if any changes are needed or suggested. Director Riffle suggested an informal check-in meeting with the appointees about six months after the formal evaluation. Director Hanko left at 8:45 p.m. Public hearing opened at 8:48 p.m. No speakers present. Public hearing closed at 8:48 p.m. Motion: Director Siemens moved, and Director Cyr seconded the motion to adopt Board Policy 2.02, “Board Appointee Performance Evaluation Process,” as recommended by the Board Appointee Evaluation Committee as modified. VOTE: 5-0-0 (Directors Hanko and Hassett absent) Motion: Director Kishimoto moved, and Director Siemens seconded the motion to direct the Board Appointee Evaluation Committee to research the possibility of including a feedback process in the adopted policy and report back to the Board in the fall. VIII. STAFF REPORTS Assistant General Managers Kevin Woodhouse and Ana Ruiz described projects being studied by members of the Santa Clara County Leadership Academy in conjunction with District staff members, including wellness initiatives and priority setting for legislative bodies. Ms. Ruiz reported that she will be attending a Women and Girls Leadership Summit in East Palo Alto with District staff members Amanda Montez and Loro Patterson. Mr. Woodhouse reported that he and other staff members met with representatives from the Jefferson County Parks from Jefferson County, Colorado to discuss factors that affect both organizations. Mr. Abbors reported that he met with several organizations to provide information on the District and Measure AA, including the Pescadero Municipal Advisory Committee. IX. DIRECTOR REPORTS Meeting 14-12 Page 6 The Board submitted their compensatory forms to the District Clerk. Director Cyr reported that he and Director Hassett attended the Special District Parks Forum in Orange County and reported on several of the items he learned about at the forum. Director Kishimoto thanked staff for their efforts in organizing the recent event at Mindego Gateway. Director Kishimoto reported that she attended meetings of the Cupertino and Mountain View City Councils. Director Riffle reported that he attended a meeting of the Los Altos City Council. Director Siemens reported that he and members of District staff met with members of the Montevina Homeowners Association. Director Harris reported she attended the Bay Area Open Space Council annual conference. Director Harris reported that she presented at the Democracy for America organization meeting and attended a meeting of the San Carlos City Council. X. ADJOURNMENT President Harris adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:12 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk