HomeMy Public PortalAbout20160413 - Minutes - Board of Directors (BOD)
Board Meeting 16-08
*Approved by the Board of Directors on April 27, 2016
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
April 13, 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 6:00 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, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Planning Manager Jane Mark, Planner III Lisa Bankosh, and
District Clerk Jennifer Woodworth
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to 54956.9(d)(1): (one potential case)
Public comments opened at 6:00 p.m.
No speakers present.
Public comments closed at 6:00 p.m.
The Board convened into closed session.
President Kishimoto adjourned the special meeting at 7:00 p.m.
Meeting 16-08 Page 2
REGULAR MEETING – BOARD MEETING
President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:07 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, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, Chief Financial
Officer/Administrative Services Director Stefan Jaskulak, General
Counsel Sheryl Schaffner, Natural Resources Manager Kirk Lenington,
Integrated Pest Management Coordinator Coty Sifuentes-Winter,
Engineering and Construction Manager Jay Lin, Administrative Assistant
Melissa Garcia, Senior Real Property Agent Allen Ishibashi, 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 Riffle moved, and Director Harris seconded the motion to adopt the agenda.
VOTE: 7-0-0
SPECIAL ORDERS OF THE DAY
• Introduction of new staff members
o Jay Lin, Engineering and Construction Manager
o Melissa Garcia, Administrative Assistant
CONSENT CALENDAR
Director Riffle pulled Item 7 from the Consent Calendar.
1. Approve Board Meeting Minutes:
March 23, 2016
2. Approve Claims Report
Meeting 16-08 Page 3
3. Award of Contract for Bear Creek Redwoods Ponds Assessment and Management
Plan (R-16-45)
General Manager’s Recommendation: Authorize the General Manager to enter into a contract
with Balance Hydrologics, Inc. for a not to exceed amount of $90,000, to assess three ponds and
develop a management plan to guide restoration and maintenance actions at Bear Creek
Redwoods Open Space Preserve.
4. Amend the Contract with Tyler Technologies (formerly New World Systems) (R-16-
37)
General Manager’s Recommendation: Authorize the General Manager to amend the contract
with Tyler Technologies to increase the compensation by $48,000 from $317,400 to a total not to
exceed amount of $365,400, to complete the Integrated Accounting and Financial System Payroll
Module implementation.
5. Approval of Right-of-Way Contract with California Department of Transportation
(Caltrans) for fee and easement rights for safety improvements along Highway 9 west of
the City of Saratoga at the Saratoga Gap Open Space Preserve (Portion of Santa Clara
County Assessor’s Parcel Numbers 503-42-028 and 503-37-009) and along Highway 84 west
of the unincorporated community of La Honda at the La Honda Creek Open Space
Preserve (Portion of San Mateo County Assessor’s Parcel Number 082-170-040), in
exchange for a quitclaim deed for the existing 8 foot by 8 foot concrete tunnel that runs
under Highway 84 that connects two District properties within the La Honda Creek Open
Space Preserve (APNs: 082-130-130 and 082-170-040). (R-16-38)
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) for the reasons set out in the staff report.
2. Adopt a resolution authorizing the execution of the Right-of-Way Contract for the
exchange of property rights between the District and Caltrans at no cost to the District.
3. Adopt the Preliminary Use and Management Plan for the Highway 84 tunnel
undercrossing as set out in the staff report.
6. Proposed Purchase of the Freudenberg property as an addition to Sierra Azul Open
Space Preserve located off of Weaver Road in unincorporated Santa Clara County
(Assessor’s Parcel Number 558-46-001). (R-16-39)
Staff Contact: Allen L. Ishibashi, Senior Real Property Agent
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 purchase of the Freudenberg property at a cost of
$540,000.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff
report.
4. Indicate the intention to withhold dedication of the Freudenberg property as public open
space.
Meeting 16-08 Page 4
7. Authorization to Award Contract to Ecological Concerns, Inc. for Invasive Species
Management on Four Projects in FY2015-16, FY2016-17, and FY2017-18. (R-16-36)
Item 7 was heard after Item 9.
Director Riffle inquired regarding the District’s ability to ensure that the District’s contractors
are following the District’s pesticide regulations.
Natural Resources Manager Kirk Lenington described several restrictions and regulations
included in the contracts signed by the District’s contractors. Additionally, District staff seeks to
limit pesticide use as much as possible. Typically, staff will initially treat an infestation with
pesticide and then follow up with other methods of controlling invasive species, including
manual removal.
Integrated Pest Management Coordinator Coty Sifuentes-Winter described numerous state and
federal regulations which regulate herbicide treatment, including treatments conducted by
District contractors. Additionally, the District has Best Management Practices that govern
herbicide use, including biological monitors and spot checks of the herbicide application to
confirm proper application. Finally, the District requires contractors to be licensed by the state to
be qualified to apply and use herbicide.
Public comment opened at 7:25 p.m.
No speakers present.
Public comment closed at 7:25 p.m.
Motion: Director Riffle moved, and Director Hanko seconded the motion to authorize the
General Manager to enter into a contract with Ecological Concerns, Inc. of Santa Cruz,
California in the amount not to exceed $373,483 to provide invasive species management
services including safe application of herbicides on District Open Space Preserves in FY2015-
16, FY2016-17, and FY2017-18.
VOTE: 7-0-0
8. Revisions to Management Partners’ Professional Services Contract for Financial
and Operational Sustainability Model Study Implementation Support (R-16-40)
General Manager’s Recommendation: Authorize the General Manager to increase Management
Partners’ Professional Services Contract for Financial and Operational Sustainability Model
Study implementation support by $20,606 to a not-to-exceed amount of $145,606.
9. Amendment of Classification and Compensation Plan for the Assistant General
Counsel I & II Classifications (R-16-41)
General Manager’s Recommendation: Adopt a resolution amending the District’s Classification
and Compensation Plan for the Assistant General Counsel I & II Classifications.
Public comment opened at 7:15 p.m.
Meeting 16-08 Page 5
No speakers present.
Public comment closed at 7:15 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion to approve the Consent
Calendar, with the exception of Item 7.
VOTE: 7-0-0
BOARD BUSINESS
10. Measure AA Bond Oversight Committee Appointments (R-16-42)
District Clerk Jennifer Woodworth explained the voting and appointment process to be used,
which was approved by the Board of Directors at the January 13, 2016 Board meeting.
Public comment opened at 7:29 p.m.
No speakers present.
Public comment closed at 7:29 p.m.
The Board of Directors completed the voting process, and Ms. Woodworth tallied the Board
member votes. The Board appointed the following to the Measure AA Bond Oversight
Committee:
• Paul Betlem
• Carla Dorow
• Elizabeth Eischen
• Denise Gilbert
• John Melton
• Tom Scannell
• Jo Zientek
The Board members then discussed whether to assign the terms of office at random or have the
Board members allocate the terms to the Committee members.
Director Riffle suggested the newly appointed Committee members could be consulted to
determine if any have a preference of a two- or four-year term.
Motion: Director Cyr moved, and Director Harris seconded the motion to distribute terms of
office by random assignment.
VOTE: 6-1-0 (Director Riffle opposed.)
11. Board Policy Titled “Positions on Ballot Measures and Legislative Advocacy” (R-16-
43)
Meeting 16-08 Page 6
General Manager Steve Abbors provided presented the staff report describing the draft policy
and the process to be used to analyze legislation that affects the District.
Director Harris inquired regarding spending staff time to research legislation which the District
opposes.
Mr. Abbors explained that the District’s Legislative/External Affairs Specialist will be following
legislation on an ongoing basis and providing regular legislative updates to the Board, including
recommendations to oppose or support legislation.
Public comment opened at 8:02 p.m.
No speakers present.
Public comment closed at 8:02 p.m.
Motion: Director Siemens moved, and Director Harris seconded the motion to approve the
“Positions on Ballot Measures and Legislative Advocacy” policy as recommended by the
Legislative, Funding and Public Affairs Committee.
VOTE: 7-0-0
12. Resolution in Support of Measure A, Santa Clara County Park Charter Fund
Extension (R-16-44)
Ms. Woodworth presented the staff report describing how funds are raised for the Santa Clara
County Park Charter fund and the details of the proposed extension. Ms. Woodworth outlined the
distribution of funds proposed under Measure A and provided examples of projects the Charter
funds would be used to complete.
Director Hanko inquired if the Charter funds would be used for regional or neighborhood parks.
Santa Clara County Parks Director Robb Courtney explained that the regional park system will
remain with the county, and neighborhood parks will remain within the purview of individual
cities. Additionally, Mr. Courtney explained charter amendment would be required to allow for
the county to work on neighborhood parks.
Director Riffle inquired regarding the effect of the Charter Park Fund Extension passage on the
relationship between the District and Santa Clara County Parks.
Mr. Courtney stated his belief that the relationship will only improve based on the passage of
Measure A.
Public comment opened at 8:18 p.m.
Garnetta Annable, campaign manager for the Yes on Parks campaign, spoke in favor of the
resolution to endorse Measure A and thanked the Board for its continued support of Santa Clara
County Parks. Additionally, Ms. Annable encouraged Board members to seek support of the
measure in their communities as well.
Meeting 16-08 Page 7
Public comment closed at 8:21 p.m.
Motion: Director Hanko moved, and Director Riffle seconded the motion to adopt a resolution
in support of Measure A, Santa Clara County Park Charter Fund Extension on the ballot for the
June 7, 2016 statewide direct primary election.
VOTE: 7-0-0
INFORMATIONAL REPORTS
A. Committee Reports
Director Riffle reported on the April 12, 2016 Action Plan and Budget Committee meeting.
B. Staff Reports
Assistant General Manager Kevin Woodhouse reported the Santa Cruz Mountain Stewardship
Network has conducted interviews and selected a candidate for the director of that organization.
Additional information will be forthcoming soon. Mr. Woodhouse announced several changes
associated with the division of the Operations department into the Visitor Services and Land and
Facilities departments, including hiring a new Skyline Area Superintendent and physical
relocation of the department offices.
Assistant General Manager Ana Ruiz provided an update on the Ravenswood Bay Trail,
including interviewing consultants for the design of the trail. Ms. Ruiz also provided updates
regarding the Mt. Umunhum road design and summit designs. Finally, Ms. Ruiz reminded the
Board of the Cooley Landing Education Center grand opening on Saturday, April 16, 2016.
Chief Financial Officer Stefan Jaskulak provided an update on the District’s transition to the July
1st fiscal year start date and implementation of the in house payroll system. Mr. Jaskulak also
provided an update on the request for proposal process for the District’s selection of District
underwriter, bond counsel, etc.
Mr. Abbors reported he met with Assemblymember Mark Stone to discuss the Mt. Umunhum
Radar Tower. Also Mr. Abbors reported on the opening of Mindego Hill to the public.
C. Director Reports
The Board members submitted their compensatory reports.
Director Harris reported her attendance at the Redwood City Chamber of Commerce Progress
Seminar and commented on the high quality of the speakers there.
Director Riffle spoke at the recent training of the District’s docents and volunteer trail patrol.
Director Hassett thanked staff for their efforts in organizing the Mindego Hill Grand Opening.
Directors Harris, Riffle, Hanko, and Hassett reported their planned attendance for the Cooley
Landing Education Center grand opening on Saturday.
Meeting 16-08 Page 8
Director Kishimoto reported her attendance at recent Santa Clara Valley Water District Water
Commission and Santa Clara County LAFCo meetings and reported on recent decisions by those
agencies. Director Kishimoto also spoke at a San Mateo Farm Bureau meeting regarding grazing
and hiking and a Los Altos Hills Town Council meeting.
Director Kishimoto also reported her attendance at the Salmonid Restoration Conference.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 8:54 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk