HomeMy Public PortalAbout20160210 - Minutes - Board of Directors (BOD)
February 10, 2016
Board Meeting 16-03
*Approved by the Board of Directors on February 24, 2016
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
February 10, 2016
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
CALL TO ORDER
President Kishimoto called the special meeting of the Midpeninsula Regional Open Space
District to order at 5:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
and Curt Riffle
Members Absent: Pete Siemens
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
General Counsel Sheryl Schaffner, Real Property Manager Mike
Williams, Senior Real Property Agent Allen Ishibashi
Public comments opened at 5:30 p.m.
No speakers present.
Public comments closed at 5:30 p.m.
The Board of Directors convened into closed session at 5:30 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Santa Clara County Assessor Parcel Number 558-46-001
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Lowell and Pamela Freudenberg
Under Negotiation: Terms of real property transaction
Meeting 16-03 Page 2
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code 54956.9(c): (one potential case)
President Kishimoto adjourned the special meeting at 6:53 p.m.
REGULAR MEETING – BOARD MEETING
President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
and Curt Riffle
Members Absent: Pete Siemens
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Chief Financial Officer/Administrative Services Director Stefan Jaskulak,
General Counsel Sheryl Schaffner, Planning Manager Jane Mark, Natural
Resources Manager Kirk Lenington, Operations Manager Michael
Newburn, Real Property Manager Mike Williams, Public Affairs Manager
Shelly Lewis, Administrative Services Manager Kate Drayson, Finance
and Budget Analyst Nicole Gonzales, Senior Management Specialist Lisa
Tulee, and District Clerk Jennifer Woodworth
President Kishimoto reported the Board met in closed session, and no reportable action was
taken.
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Hanko seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Siemens absent.)
SPECIAL ORDERS OF THE DAY
• Informational Presentation regarding the San Francisco Bay Restoration Authority by
Amy Hutzel, Deputy Executive Officer of the State Coastal Conservancy
State Coastal Conservancy Deputy Executive Officer Amy Hutzel described the basis for a
proposed parcel tax, which will be on the ballot for the upcoming June 7, 2016 election. Ms.
Hutzel described the numerous effects local populations have had on the San Francisco Bay,
including building dams, creating landfills, etc. Ms. Hutzel summarized several benefits of
restoring the San Francisco Bay tidal wetlands, including flood protection, wildlife habitat, and
protection against sea level rise. Ms. Hutzel described the creation of the Bay Restoration
Meeting 16-03 Page 3
Authority and its mission to raise and allocate resources for wetlands restoration and wildlife
habitat creation in the area. Ms. Hutzel described the bond measure for the June 7, 2016 election
seeking $500 million towards the restoration of the wetlands and includes funding for four
program areas – restoring vital fish, bird and wildlife habitat; safe, clean water and pollution
prevention; integrated flood protection; and increasing shoreline public access and recreation.
Finally, Ms. Hutzel described the next steps for the ballot measure to be included on the June 7,
2016 ballot, such as stakeholder and citizen engagement.
Director Hanko inquired as to how the funds will be dispersed if the measure passes.
Ms. Hutzel explained that criteria are included in the measure language to assist in prioritizing
projects and allocation of funds for each region.
Director Harris inquired regarding they types of public access that will be available.
Ms. Hutzel stated that access will most likely include water access, but will require that all
access projects protect wildlife habitats.
Director Harris inquired if the Bay restoration projects will limit the available land for much-
needed housing projects.
Ms. Hutzel explained that the Restoration Authority focuses on restoring lands already owned
by public agencies. Additionally, the restoration efforts will help protect future housing projects
against sea level rise.
Director Kishimoto inquired how the projects will be done in conjunction with levy restoration in
the area.
Ms. Hutzel explained that funds will be allocated to levy restoration in order to further the goal
of restoring the associated wetlands. However, significant finds will be spent on levy restoration
based on the often high cost of those projects.
CONSENT CALENDAR
1. Approve Board Meeting Minutes:
January 27, 2016
2. Approve Claims Report
Motion: Director Cyr moved, and Director Hassett seconded the motion to approve the Consent
Calendar, as amended.
Public comment opened at 7:43 p.m.
No speakers present.
Public comment closed at 7:43 p.m.
VOTE: 6-0-0 (Director Siemens absent.)
Meeting 16-03 Page 4
BOARD BUSINESS
3. Fiscal Year 2015-16 Action Plan and Budget Midyear Adjustments (R-16-14)
Item 3 was heard after Item 5.
Administrative Services Manager Kate Drayson presented the staff report describing proposed
adjustments to the FY2015-16 Action Plan. Ms. Drayson summarized the highest priority
projects as determined by the Board of Directors. Ms. Drayson described several deferred and
proposed new operating, land, and capital projects, including projects to implement the Financial
and Operational Sustainability Model and opening the La Honda Creek and Bear Creek
Redwoods Preserves to public access.
Ms. Drayson provided a summary of current projects with proposed budget increases. The
requested increases were dues to various factors, including unanticipated land purchases and
expanded scope of projects.
Finance and Budget Analyst Nicole Gonzales provided an overview of the proposed FY2015-16
midyear budget adjustments, which includes the extension of the fiscal year by three months to
accommodate the change in fiscal years and shifts in labors costs related to Measure AA
projects. Ms. Gonzales also provided a revised estimate of property tax revenues.
Ms. Drayson summarized a proposed policy change to allow eligible land and associated costs
and expenses to include only those costs known at the close of escrow, which will increase staff
efficiencies and is recommended by the District’s auditor.
Public comment opened at 9:00 p.m.
No speakers present.
Public comment closed at 9:00 p.m.
Motion: Director Riffle moved, and Director Harris seconded the motion to:
1. Adopt a resolution approving the proposed FY2015-16 Action Plan and Budget Midyear
adjustments to cover new or unanticipated projects and expenses and the 3-month extension
of the fiscal year.
2. Approve the change in eligible Land and Associated Costs expenses to include only those
known at the close of escrow
VOTE: 6-0-0 (Director Siemens absent.)
4. Proposed New Positions and Position Reclassifications (R-16-15)
Assistant General Manager Ana Ruiz presented the staff report describing 8 new positions and 3
position reclassifications as recommended by Financial and Operational Sustainability Model
(FOSM). Ms. Ruiz explained that as part of the FOSM and the Controller’s financial model, the
cost of projected staff increases were tested against a possible economic downturn and recovery.
Finally, Ms. Ruiz provided a brief description of the various new classifications and
reclassifications.
Meeting 16-03 Page 5
Ms. Ruiz also described a proposed procedural change to allow the General Manager to update
job descriptions for job classifications previously approved by the Board. This will allow for
increased efficiency for the Human Resources staff to develop the job descriptions and begin
recruitment without requiring additional Board approval. Ms. Ruiz also explained an additional
change that will allow for the General Manager to be delegated authority to make small
adjustments to a position’s salary to facilitate recruitment efforts. The adjustment must be within
10% of the Board approved compensation for the position and must be approved by the Board of
Directors before new staff starts their new position.
Public comment opened at 9:23 p.m.
No speakers present.
Public comment closed at 9:23 p.m.
Director Hassett expressed his concern that adjustments to the salary for a single position may
cause inequalities among positions.
Director Harris stated that she is aware of individuals who did not apply for a District job
opening based on the salary.
Motion: Director Riffle moved, and Director Harris seconded the motion to:
1. Approve the addition of eight new positions to proceed with ramping up staff capacity to
increase project delivery and enhance service delivery, as recommended by the Financial and
Operational Sustainability Model (FOSM).
2. Approve the reclassification of three existing positions to continue with the FOSM
reorganization recommendations.
3. Adopt a Resolution approving the updated Classification and Compensation Plan to reflect
the addition of the proposed new job classifications per Recommendations 1 and 2 above and
as further described in the staff report.
4. Delegate to the General Manager the approval of final job descriptions for job classifications
previously approved by the Board of Directors, as well as final salary range adjustments
within a ten percent margin for new classifications.
VOTE: 6-0-0 (Director Siemens absent.)
5. Sudden Oak Death-Ten-Year Update (R-16-06)
Item 5 was heard before Item 3.
Senior Resource Management Specialist Cindy Roessler provided the staff presentation
describing the current status of sudden oak death in the District’s preserves, how the pathogen is
transmitted, and District treatment efforts over the past ten years to control sudden oak death.
Ms. Roessler summarized the effectiveness of the treatments and the effect of the ongoing
drought on the spread of sudden oak death. Ms. Roessler reported that several native plant
nurseries have been contaminated with invasive species, so previously planted sites are being
tested. Finally, Ms. Roessler summarized the proposed next steps, including continued treatment
of specimen oaks, protection of uncontaminated oak stands, and potential remediation of
contaminated sites.
Meeting 16-03 Page 6
Director Riffle expressed his concerns regarding the cost of the program and the lack of a cure
for the pathogen. Director Riffle suggested that the program return to the Board each year for
funding, so its effectiveness can be reevaluated each year. Director Riffle expressed his concern
that additional funding may be needed to address numerous invasive and harmful species in the
District’s preserves.
Ms. Roessler explained that many years of efforts will be required to see a response to the efforts
and research undertaken.
Public comment opened at 8:20 p.m.
Patty Ciesla member of the Santa Clara County Fire Safe Council and Stewards of Soquel Forest
spoke regarding the impacts of sudden oak death on creating flammable materials increasing
susceptibility to dangerous wildfires. Ms. Ciesla also spoke regarding the need for fuel breaks
and the availability of grant funds for fuel breaks.
Public comment closed at 8:23 p.m.
Director Hassett spoke in favor of the sudden oak death program and the District’s obligation to
work to control sudden oak death and protect the District’s oak trees as assets.
Motion: Director Hassett moved, and Director Hanko seconded the motion to authorize the
General Manager to pursue additional Sudden Oak Death and related research and management
responses for a total amount of approximately $524,000 in the next ten years, with funding for
future fiscal year expenditures to be considered for approval by the Board during the annual
budget preparation process. Staff is further directed to aggressively seek grant funding to
supplement District funding of the program.
VOTE: 6-0-0 (Director Siemens absent.)
INFORMATIONAL REPORTS
A. Committee Reports
Director Cyr reported on the February 9, 2016 Legislative, Funding and Public Affairs
Committee meeting.
B. Staff Reports
District Clerk Jennifer Woodworth reported on the selection process for the members of the
Bond Oversight Committee. Ms. Woodworth reported that she will begin contacting the top ten
applicants as ranked by the Board of Directors to schedule interviews.
Assistant General Manager Ms. Ruiz reported the opening of Cooley Landing has been
rescheduled to April 16th. The Santa Clara County Historical Heritage Commission will be
meeting on February 18th to discuss the potential listing of Mt. Umunhum Radar Tower on the
historical listing. Staff continues to work on resource loading for the FY2016-17 Action Plan and
Budget.
Meeting 16-03 Page 7
Chief Financial Officer Stefan Jaskulak reported on staff’s work to research increased
functionality of the Integrated Accounting and Financial System and information technology
upgrades to software and cloud based solutions.
General Manager Steve Abbors summarized the District’s ongoing resource loading process
designed to efficiently and accurately predict staff capability to complete projects.
C. Director Reports
The Board members submitted their compensatory reports.
Director Cyr reported that he presented at the Sunnyvale City Council to provide an update on
Measure AA projects.
INFORMATIONAL MEMORANDA
• Alma College Site Rehabilitation Plan
• La Honda Creek Open Space Preserve Public Access Projects
Director Hassett stated his understanding that extensive public outreach had previously been
completed regarding the La Honda Master Plan, and resident consensus was to complete the
project.
Ms. Ruiz explained that the outreach is more related to informing residents of the projects
coming forward rather than seeking additional input on the Master Plan.
Mike Bushue a member of the public spoke in favor of opening the La Honda area as soon as
possible.
• Board Retreat Debrief
Director Harris expressed her concerns that consensus may not have been met for all of the listed
items.
Ms. Woodworth explained that many of the items included in the retreat debrief will be included
in the FY2016-17 Action Plan at which time the Board may vote to make changes, remove items,
or give further direction to staff.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 10:18 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk