HomeMy Public PortalAbout20150114 - Minutes - Board of Directors (BOD)
January 14, 2015
Board Meeting 15-01
*Approved by the Board of Directors on January 28, 2015
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
January 14, 2015
APPROVED MINUTES*
SPECIAL MEETING – STUDY SESSION
I. CALL TO ORDER
President Harris called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 5:02 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner,
Assistant General Manager Kevin Woodhouse, District Clerk Jennifer
Woodworth
III. STUDY SESSION
1. Development of Employee Compensation Guiding Principles (R-15-13)
Assistant General Manager Kevin Woodhouse provided the staff presentation summarizing the
draft Employee Compensation Guiding Principles Board policy and the various discussions and
development of the policy by the Action Plan and Budget Committee (ABC). Mr. Woodhouse
presented information regarding a recruitment and retention analysis completed by staff at the
direction of the ABC. Mr. Woodhouse reviewed the various sections of the draft policy and
described the purpose of each section. Mr. Woodhouse described the three options presented for
Section 6 Competitiveness of the draft policy and the preliminary cost estimate assumptions and
associated limitations associated with implementing Options A, B, or C.
Meeting 15-01 Page 2
Director Hanko commented on the high quality of District staff and the members of the ABC.
Director Hanko inquired if staff recommends delaying a decision on the draft policy based on the
implications of the FOSM.
Director Riffle stated that as a member of the ABC he wants all members of the Board of
Directors to read through and feel comfortable with the entire policy before moving forward.
Director Hassett expressed his concern regarding the process for choosing comparative agencies
and inquired if the ABC discussed this process and the implications of choosing different
comparative agencies for different positions in order to best match job descriptions.
General Manager Steve Abbors urged the Board to continue to use the comparative agencies
used in the 2013 Compensation Study in order to avoid uncertainty inherent in choosing different
comparative agencies for each compensation study.
Director Kishimoto provided comments regarding public safety retirement and whether a
provision should be included in the policy to state that the District does not pay public safety
retirement.
Public hearing opened at 6:17 p.m.
Alexander Hapke, Field Employees Association Treasurer, provided comments regarding the
retirement plan for the members of the Field Employee Association and labor negotiations, cost
of implementing
Kerry Carlson, Vice-President of the Field Employees Association, provided comments
regarding Santa Clara Open Space Authority’s recent successful funding measure, its adoption of
a 75% of median compensation standard prior to the passage of the measure, and the District’s
history of paying its employees above the median.
Donald MacKessy, Lead Open Space Technician at Foothills, expressed his support for Option A
and thanked the Board for their commitment to pay staff at or above the median. Mr. MacKessy
provided comments regarding payment of District staff below average for comparative agencies
and its negative impact on staff’s morale and District culture.
Grant Kern, President of the Field Employees Association and Lead Open Space Technician,
provided comments regarding the retention and recruitment analysis provided by staff stating
that it cannot accurately represent individual employees’ reasoning for working at the District.
Finally, Mr. Kern provided comments regarding the high cost of living in the Bay Area.
Ken Bolle, Skyline Equipment Mechanic Operator, provided comments regarding the impact of
previous Y-rating on maintenance staff. Mr. Bolle shared information regarding San Mateo
County’s policy on Y-rating and encouraged the Board to adopt a similar policy.
Brennon McKibbin, Skyline Open Space Technician, provided comments regarding the
comparative positions used for the compensation study and differences in responsibilities and
duties of District field employees and those of other agencies. Mr. McKibbon also provided
comments on the economic value of District labor as compared to labor completed for the
District by outside contractors.
Meeting 15-01 Page 3
Public hearing closed at 6:42 p.m.
Director Hassett provided comments regarding separating comparison of salaries and benefits.
Director Cyr provided comments in support of comparing salaries and benefits separately and his
desire that total compensation be studied.
Director Hanko provided comments regarding Y-rating of employees and supported delaying a
decision on the draft policy until additional reports are received.
Director Siemens directed staff to provide additional information regarding San Mateo County’s
policy on Y-rating.
Mr. Woodhouse explained that although the Santa Clara Open Space Authority has established a
policy of paying in the 75th percentile of comparator agencies used by that agency, but the
actually salaries are equivalent to the 50th percentile of comparator agencies used by the District
in its recent compensation study.
General Manager Steve Abbors provided comments related to Measure AA stating that it was
largely in response to comments from members field staff that they were lacking in staff,
equipment, and other resources to manage the District’s preserves. As a result of the passage of
Measure AA, the District must continue to be responsive to the public’s expressed desire to be
conservative in managing the District’s finances and preserves as Measure AA projects are
implemented. Mr. Abbors also committed to continue to work with District staff regarding staff
salaries and benefits.
IV. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:03 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 7:15 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Administrative Services Manager Kate Drayson, Operations
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Manager Michael Newburn, Planner III Aaron Hébert, Real Property
Manager Mike Williams, Real Property Specialist Allen Ishibashi,
Planning Manager Jane Mark, Senior Planner Tina Hugg, GIS Coordinator
Casey Hiatt, Planner III Gina Coony, Planner II Gretchen Laustsen, and
District Clerk Jennifer Woodworth
III. ORAL COMMUNICATIONS
No speakers present.
IV. ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
VOTE: 7-0-0
V. CONSENT CALENDAR
1. Approve Minutes of the Special and Regular Board Meetings of December 10, 2014
and December 17, 2014.
Director Harris requested the minutes of December 10, 2014 meeting to be amended to read
“prohibition against residential or non-agricultural development” and the minutes of December
17, 2014 minutes to read “railings must be replaced.”
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to approve the
minutes of the December 10, 2014 and December 17, 2014 Board meetings, as amended.
VOTE: 7-0-0
VI. SPECIAL ORDER OF THE DAY
1. Certification of November 4, 2014 Election Results, Board of Directors Wards 1, 2,
5, and 6 (R-15-06)
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to:
1. Adopt the Resolution Declaring Canvass of Returns and Results of the Biennial General
District Election held on November 4, 2014
2. Adopt the Resolution Appointing Director – Ward 2 of the Board of Directors of the
Midpeninsula Regional Open Space District
3. Adopt the Resolution Appointing Director – Ward 5 of the Board of Directors of the
Midpeninsula Regional Open Space District
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the
Consent Calendar.
VOTE: 7-0-0
Meeting 15-01 Page 5
2. Oath of Office for Director Siemens – Ward 1, Director Kishimoto – Ward 2,
Director Hanko – Ward 5, and Director Hassett – Ward 6
District Clerk Jennifer Woodworth administered the Oath of Office to Directors Siemens,
Kishimoto, Hanko, and Hassett.
V. CONSENT CALENDAR (CONTINUED)
2. Approve the Claims Report
Director Hanko recused herself regarding all items related to Pacific Gas and Electric and
AT&T.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the
Claims Report.
VOTE: 7-0-0
3. Award a Contract for the Prospect Road Parking Lot Canopy Structure at Fremont
Older Open Space Preserve (R-15-11)
General Manager’s Recommendation: Authorize the General Manager to enter into a
professional services contract with Harris Design for $39,800 with a 15% contingency of $6,200,
for a total amount not to exceed $46,000, to provide design and construction administration
services for the Prospect Road Parking Lot Canopy Structure at Fremont Older Open Space
Preserve.
4. Approval of First Amendment to Grant Deed of Fee Estate Subject to a Power of
Termination, a Declaration of Covenants, Conditions and Restrictions, Reservation of a
Right of First Refusal, an Easement for Conservation, Open Space and Public Trails at
Long Ridge Open Space Preserve (San Mateo County Assessor’s Parcel Number 080-410-
270), and a Determination that the Recommended Actions are Categorically Exempt from
the California Environmental Quality Act. (R-15-03)
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution approving First Amendment to Grant Deed of Fee Estate Subject to a
Power of Termination, a Declaration of Covenants, Conditions and Restrictions, Reservation
of a Right of First Refusal, an Easement for Conservation, Open Space and Public Trails
between Thomas L. Anderson/Sharon L. Niswander and Midpeninsula Regional Open Space
District.
5. Amend Legal Services Contract with Howard, Rome, Martin & Ridley for a Total
Authorized Amount of $45,000 (R-15-05)
General Manager’s Recommendation: Amend the existing contract for legal services to increase
the contract amount by $20,000 for a total not to exceed amount of $45,000, for legal and
Meeting 15-01 Page 6
subject-matter expert support of litigation settlement efforts, coordination with the County, and
related legal issues.
6. Lease for Office Space at 4984 El Camino Real, Suite 100, Los Altos (R-15-04)
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the General Manager to enter into an Office Lease with
Wellington Park Investors.
7. Contract to Provide Fence Installation Work at the La Honda Creek Open Space
Preserve (R-15-10)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into an agreement with Southwest Fence and Supply
Company of Patterson, CA, for a total contract amount not to exceed $149,905 to provide
fence installation work at the La Honda Creek Open Space Preserve.
2. Determine that the recommended action is consistent with the Mitigated Negative
Declaration and Mitigation Monitoring Plan for Implementation of the La Honda Creek
Master Plan, approved by the Board on August 22, 2012.
3. Authorize the General Manager to move $30,000 from the Land budget to the Capital budget
to cover the additional costs for the contract.
Motion: Director Cyr moved, and Director Siemens seconded the motion to approve the Consent
Calendar.
VOTE: 7-0-0
VII. BOARD BUSINESS
8. Election of the Board of Directors Officers for Calendar Year 2015 (R-15-07)
President Harris reflected on the past year and shared some of the District’s accomplishments
during her term as Board President.
District Clerk Jennifer Woodworth reviewed the voting procedures for the election of officers for
the Board of Directors for Calendar Year 2015 and called for nominations for Board President.
Director Hanko nominated Director Siemens for President and Director Cyr seconded the
nomination. No further nominations were presented.
Motion: Upon motion by Director Cyr, seconded by Director Hassett, the nominations for
Board President were closed.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Siemens as Board President for Calendar Year
2015.
Meeting 15-01 Page 7
President Siemens called for nominations for Board Vice President. Director Hanko nominated
Director Kishimoto for Vice President and Director Hassett seconded the nomination. No further
nominations were presented.
Motion: Upon motion by Director Cyr, seconded by Director Hassett, the nominations for
Board Vice President were closed.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Kishimoto as Board Vice President for Calendar
Year 2015.
President Siemens called for nominations for Board Treasurer. Director Hanko nominated
Director Riffle for Board Treasurer and Director Harris seconded the nomination. No further
nominations were presented.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to close the
nominations for Board Treasurer.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Riffle as Board Treasurer for Calendar Year 2015.
President Siemens called for nominations for Board Secretary. Director Hassett nominated
Director Cyr for Board Secretary and Director Hanko seconded the nomination. No further
nominations were presented.
Motion: Upon motion by Director Harris, seconded by Director Riffle, the nominations for
Board Secretary were closed.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Cyr as Board Secretary for Calendar Year 2015.
Public hearing opened at 7:42 p.m.
No speakers were present.
Public hearing closed at 7:42 p.m.
VOTE: 7-0-0
9. Appointment of Action Plan and Budget Committee Members for Calendar Year
2015 (R-15-08)
President Siemens reported that he has appointed Directors Siemens, Riffle, and Kishimoto to
the Action Plan and Budget Committee for Calendar Year 2015.
Public hearing opened at 7:43 p.m.
Meeting 15-01 Page 8
No speakers were present.
Public hearing closed at 7:43 p.m.
Motion: Director Cyr moved, and Director Harris seconded the motion to approve the Board
President’s appointments to the Action Plan and Budget Committee for Calendar Year 2015
VOTE: 7-0-0
Director Hanko left at 7:44 p.m.
10. Reclassification of Four District Positions and the Addition of One Classification (R-
15-12)
Human Resources Supervisor Candice Basnight provided the staff report summarizing the
classification study completed by Koff and Associates and described the need for the
reclassifications.
Director Riffle inquired as to the impetus for the reclassification studies.
Ms. Basnight explained that they are often at the request of the department manager and several
were based on incumbents working out of class for some time.
Public hearing opened at 7:59 p.m.
No speakers were present.
Public hearing closed at 7:59 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion to adopt a resolution
approving the following position changes:
1. Reclassification of an Accountant to a Senior Accountant in the Administrative Services
Department.
2. Reclassification of an Administrative Assistant to a Risk Management Coordinator in the
Legal Department.
3. Reclassification of two Real Property Specialists to Senior Real Property Specialists in
the Real Property Department.
4. Reclassification of a Real Property Assistant to Real Property Specialist I in the Real
Property Department.
5. Addition of a Real Property Specialist II classification to the District’s Classification and
Compensation Plan.
VOTE: 6-0-0 (Director Hanko absent.)
11. Priority Conservation Areas in San Mateo and Santa Clara Counties (R-15-02)
Senior Planner Tina Hugg described the purpose and intention of Priority Conservation Areas
(PCA) as adopted by the Association of Bay Area Governments. PCAs are intended to consist of
regionally significant open spaces about which there is broad consensus for long-term protection;
Meeting 15-01 Page 9
be areas that contain important agricultural, natural resource, watershed, historic, scenic, cultural,
recreational, and/or ecological values and ecosystem functions deserving of conservation
funding; and be diverse (including recreation areas, watersheds, farmlands, etc.).
Planning Manager Jane Mark described revisions to the PCA program and described the
requirements for applying to for the PCA designation.
GIS Coordinator Casey Hiatt described the use of scientific information gathered through the
Vision Plan process as supporting evidence for the PCA applications. Ms. Hiatt presented a
sample of the potential areas for the proposed PCAs.
Ms. Mark outlined the next steps in the process including the application process and timeline for
approval. Ms. Mark also explained how the designation of land as PCAs will hopefully support
future funding opportunities.
President Siemens thanked staff for their presentation.
12. Construction and Demolition Waste Diversion Policy (R-15-01)
Project Manager Aaron Hébert described the policy as reviewed by the Planning and Natural
Resources Committee and the change to the policy requested by the committee.
Project Manager Gina Coony described the effect of the policy to allow the District to regulate
its own waste stream for its construction and demotion projects.
Director Siemens expressed his concern that the policy may further limit the contractors that bid
on District projects.
Ms. Coony explained that the policy is largely internal and does not add further demands on
contractors because the District already requires contractors to recycle recyclable material.
Public hearing opened at 8:36 p.m.
No speakers were present.
Public hearing closed at 8:36 p.m.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the new
Construction and Demolition Waste Diversion Policy, as reviewed and revised by the Planning
and Natural Resources Committee.
VOTE: 6-0-0 (Director Hanko absent.)
VIII. COMMITTEE REPORTS
Director Hassett reported that the Real Property Committee met yesterday to visit the Riggs
property, which will be going to the Board in Closed Session on January 28, 2015.
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IX. STAFF REPORTS
Assistant General Manager Kevin Woodhouse reported that a volunteer with the Los Altos Hill
Open Space Committee contacted the District regarding its Sudden Oak Death efforts, and Cindy
Roessler was able to provide helpful information.
Real Property Manager Mike Williams provided an update on staff’s work with Supervisor Don
Horsley’s office regarding farm labor housing.
X. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk.
Director Hassett reported that the topic of the next general meeting of the South Skyline
Association is Global Warming in the Bay Area if any are interested in attending.
Director Riffle reported that as a member of the District’s Volunteer Trail Patrol, he was able to
spend 71 miles and 361 hours on the District’s trails.
Director Riffle will be meeting with Laura Macias to seek opportunities for community
engagement in Ward 4.
Director Harris reported that Pulgas Ridge has been very busy recently.
XII. ADJOURNMENT
President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:00 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk