HomeMy Public PortalAbout20200610 - Minutes - Board of Directors (BOD)
June 10, 2020
Board Meeting 20-12
*Approved by the Board of Directors on June 24, 2020
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, June 10, 2020
The Board of Directors conducted this meeting in accordance with California Governor
Newsom’s Executive Order N-29-20. All Board members and staff participated via
teleconference.
APPROVED MINUTES*
SPECIAL MEETING
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Susanna Chan, Chief Financial Officer/Director of
Administrative Services Stefan Jaskulak, Real Property Manager Mike
Williams, Senior Real Property Agent Allen Ishibashi, Planner III Elish
Ryan
District Clerk Jennifer Woodworth reported no written comments were submitted for this item.
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 APNs: 510-33-001, -004, -005, -006, 510-35-004, -005,
544-03-001, & 544-06-001
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Janelle McCombs, San Jose Water Company
Under Negotiation: Purchase Terms
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Meeting 20-12 Page 2
Property: 330 Distel Circle, Los Altos, Santa Clara County APN: 170-04-051
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Diane New, Santa Clara County and Chris Jordan, City of Los Altos
Under Negotiation: Purchase Terms
President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:02 p.m.
REGULAR MEETING
President Holman called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:12 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer Stefan Jaskulak, Assistant General Manager Brian
Malone, Assistant General Manager Susanna Chan, Controller Mike
Foster, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Finance Manager Andrew Taylor, Natural Resources
Manager Kirk Lenington, Visitor Services Manager Matt Anderson,
Planning Manager Jane Mark, Land & Facilities Manager Michael Jurich,
Engineering & Construction Manager Jay Lin, Information Systems &
Technology Manager Casey Hiatt, Public Affairs Manager Kori Skinner,
Real Property Manager Mike Williams, Budget Analyst I Lupe
Hernandez, and Budget Analyst I Elissa Martinez, Senior Property
Manager Omar Smith
President Holman announced this meeting is being held in accordance with Governor Newsom’s
Executive Order allowing Board members to participate remotely. The District has done its best
to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide
comment. The public has the opportunity to comment on the agenda, and the opportunity to
listen to this meeting through the internet or via telephone. This information can be found on the
meeting agenda, which was physically posted at the District’s Administrative Office, and on the
District website. President Holman described the process and protocols for the meeting.
REPORT OUT OF CLOSED SESSION
General Counsel Hilary Stevenson stated there was no reportable action from the closed session.
ORAL COMMUNICATIONS
District Clerk Jennifer Woodworth reported no written comments were submitted for this item.
Meeting 20-12 Page 3
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Siemens seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
CONSENT CALENDAR
President Holman pulled Item 8 from the Consent Calendar in order to hear a brief presentation
from Erika Guerra representing Lehigh Quarry.
Public comment opened at 7:20 p.m.
District Clerk Jennifer Woodworth reported no written comments were submitted for the
Consent Calendar.
Public comment closed at 7:20 p.m.
Motion: Director Kishimoto moved, and Director Riffle seconded the motion to approve the
Consent Calendar, except for Item 8.
ROLL CALL VOTE: 7-0-0
1. Approve May 27, 2020 Minutes
2. Claims Report
3. Call District Elections in Wards 3, 4, and 7 and Request Election Consolidation
Services from Santa Clara and San Mateo Counties (R-20-54)
General Manager’s Recommendation:
1. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – Santa Clara
County, Wards 3 and 4.
2. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – San Mateo
County, Ward 7.
3. Reconfirm Board Policy 1.07 (Board Elections) regarding a maximum of 200 words per
candidate statement, payment of candidate statements and, if required by the respective
county, translations of candidate statements pursuant to the Elections Code of the State of
California, in those wards where two or more candidates have qualified to appear on the
ballot.
4. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District authorizing not listing any unopposed candidate for election on the November 3,
2020 ballots of Santa Clara and San Mateo Counties.
4. Award of Contract to ECAST Engineering for Water System Repairs and
Improvements to Support the Conservation Grazing Program at the Lone Madrone Ranch
in La Honda Creek Open Space Preserve (R-20-56)
Meeting 20-12 Page 4
General Manager’s Recommendations:
1. Authorize the General Manager to enter into contract with ECAST Engineering to repair and
improve a spring, install new water distribution tank, new water trough, and associated
waterline at Lone Madrone Ranch, Pastures 3 and 4, for a base contract amount of $87,667.
2. Authorize a 10% contract contingency of $8,767 to be reserved for unanticipated issues, for a
total contract amount not-to-exceed $96,434.
Director Riffle inquired regarding the bid received from Hammer Fences related to the required
licensing and why the bid was non-responsive.
Senior Property Manager Omar Smith reported that the projects require two different
classifications of licensing, and Hammer Fence did not have the required license for the water
systems improvement project.
5. Award of Contract to Hammer Fences for Replacement Perimeter Fencing on
Bluebrush Canyon Ranch and Lobitos Ridge/Elkus Uplands Ranch in Support of the
Conservation Grazing Program at Purisima Creek Redwoods Open Space Preserve (R-20-
55)
General Manager’s Recommendations:
1. Authorize General Manager to award a contract to Hammer Fences to replace portions of
perimeter fencing on Bluebrush Canyon Ranch and Lobitos Ridge/Elkus Uplands Ranch for
the base contract amount of $87,375.
2. Authorize a 10% contract contingency of $8,735 to be reserved for unanticipated issues, for a
total contract amount not-to-exceed $96,110.
6. Recycled Paper Policy Revision (R-20-58)
General Manager’s Recommendations:
1. Authorize the specification of 100% recycled paper stock, when feasible, for high quantity
printing orders, including for brochure maps and the quarterly newsletter.
2. Adopt a revision to Board Policy 3.03 Section V.C, Purchase of Recycled Products to match
Administrative Policy 4.03: “District staff shall purchase recycled products when the cost,
suitability, and quality, taken together, provide the best outcome for the environment and best
value for the public.”
Director Kishimoto and President Holman expressed support for this item.
7. Award of Contracts with Three Firms for On-Call Printing and Mailing Services
(R-20-57)
General Manager’s Recommendations: Authorize the General Manager to enter into four-year
contracts for on-call printing and mailing services with Almaden Global, Dakota Press, and GSL
Fine Lithographers for amounts not-to-exceed $200,000 per year for each contract.
Meeting 20-12 Page 5
8. Formation of the Lehigh Quarry Review Ad Hoc Committee (R-20-61)
General Manager’s Recommendations: Form a Lehigh Quarry Review Ad Hoc Committee of the
Board pursuant to Board Policy 1.04, Board Committees. Consistent with other recent Ad Hoc
Committees of the Board, these meetings would be compensable.
Item 8 was heard after the Consent Calendar.
General Manager Ana Ruiz reported Erika Guerra representing Lehigh Hanson will provide
comments on this item.
Erika Guerra Environmental Director of Cement Operations for Lehigh Hanson thanked the
Board for visiting the Lehigh Permanente site and commented on Lehigh Hanson’s desire to be a
good neighbor. Ms. Guerra spoke in favor of creating a productive and cooperative working
relationship with the propose ad hoc committee to help it make informed recommendations.
Motion: Director Kishimoto moved and Director Riffle seconded the motion to approve the
General Manager’s recommendations.
ROLL CALL VOTE: 7-0-0
President Holman announced that she appointed Director Kishimoto, Director Riffle, and herself
to serve on the ad hoc committee. Director Cyr will serve as an alternate for the committee.
BOARD BUSINESS
9. Proposed Fiscal Year 2020-21 Budget and Action Plan Review and Public Hearing
(R-20-59)
Ms. Ruiz provided an overview of the District’s response to COVID-19 fiscal impacts, including
proposing flat general fund expenditures for the upcoming year, no new staff positions, and
conducing an additional April review of projects for potential deferral based on shelter-in-place
restrictions that have affected project schedules. Ms. Ruiz suggested the Board defer taking action on
this item until after the presentation by Controller Mike Foster.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided an overview of
the FY2020-21 budget. Mr. Jaskulak described the budget by funding source, including Measure
AA, grants, and general fund, and changes to the proposed budget since the Board’s February
retreat. Mr. Jaskulak described the cash projections and funding revenues forecast for the upcoming
budget year as compared to previous budget years. Mr. Jaskulak reviewed the proposed FY2020-21
budget by fund and the five-year trend for expenses by fund, including Measure AA expenses. Mr.
Jaskulak reported no new full-time equivalents (FTE) are proposed for FY2020-21 and reviewed the
proposed budget for the District’s departments.
Assistant General Manager Susanna Chan presented the Land Acquisition and Preservation
Program, including proposed acquisitions of the South Cowell, Tabachnik, and Johnston
Ranch properties, El Sereno wildlife corridors and trail connections, Lower San Gregorio Creek
watershed land conservation, and creation of a land conservation guidance document.
Meeting 20-12 Page 6
Mr. Malone presented the Natural Resource Protection and Restoration Program, including
review and development of an agriculture policy, environmental review of the Highway 17
wildlife crossing, Lone Madrone fence installation, wildlife studies for badger/burrowing owl
and mountain lions, and continued climate action plan implementation.
Director Hassett inquired regarding projects at Toto Ranch and the cost of the projects being
completed by the tenants.
Assistant General Manager Brian Malone reported rental credits to the tenant to complete
projects are taxable, and contractors will be used for some of the projects. Additionally, there is a
backlog of maintenance projects to be completed on Toto Ranch.
Director Hassett suggested that nearby property owners should help cover the cost of driveway
repairs and replacements that also service their properties.
Mr. Malone reported the District covers the portion of the repairs that service District residences,
and for shared use portions of the driveways, the other property owners contribute to the cost of
the project.
Director Kishimoto requested staff return with the results of the mountain lion and badger and
burrowing owl habitat studies.
Assistant General Manager Susanna Chan reviewed projects included in the Public Access,
Education, and Outreach program, including numerous regional trails, such as the Ravenswood
Bay Trail, Purisima-to-the-Sea Trail, and Alpine Road Regional Trail; Districtwide ADA barrier
removal; and expanding public access at District preserves, such as at La Honda Creek
Redwoods and Bear Creek Redwoods Preserves.
Mr. Malone described projects included in the Assets and Organizational Support Program.
Projects include agricultural workforce housing at the La Honda Creek Open Space
Preserve, property management for residential, office, and other building sites, and
improvements to business system and administrative processes.
Director Siemens suggested renaming the La Honda Creek Redwood Cabin Stabilization and
Assessment to La Honda Creek Redwood Cabin Demolition to reflect the Board’s direction on
the structure. Director Siemens also suggested completing a mitigated negative declaration rather
than an environmental impact report, if possible, to lower the costs for the project.
Ms. Ruiz reported that the bulk of the project cost is related to the demolition. More information
will be learned about other costs once the project progresses.
Director Hassett suggested the District should analyze any structures on properties prior to
purchase by the District because of the high cost of preserving or disposing of a structure.
Director Kersteen-Tucker inquired regarding the deferral of the e-bike policy to study potential
use of e-bikes on District preserves, stating it may cause the District to lose an opportunity to
adequately manage e-bike use in District preserves.
Meeting 20-12 Page 7
Ms. Chan stated that the Board may direct staff to include the project in the upcoming Budget &
Action Plan.
Director Kishimoto inquired if deferral of the project would prevent commuters from being able
to bike on the paved Ravenswood Bay Trail.
Mr. Malone suggested allowing bikes on the paved Ravenswood Bay Trail but to defer study of
allowing e-bikes on other District trails. Additionally, Mr. Malone suggested adding signage to
District preserves related to the District’s current prohibition on e-bikes to better educate
preserve visitors. Staff can return with additional information regarding the larger study of the
potential impact of e-bikes on District trails as a future agenda item.
By consensus, the Board directed staff to move forward with bringing the consideration of e-
bikes on the paved Ravenswood Bay Trail to the full Board and to also bring additional
information regarding a study of the potential impact of e-bikes on other District trails to
determine if the Board wants to move forward with this larger study during the upcoming fiscal
year. Additional information will also be presented outlining other projects that could be deferred
if the larger e-bikes study is scheduled during the upcoming fiscal year.
Mr. Malone reviewed areas of interest for the Capital Improvement and Action Plan, including
projects supporting agriculture, diversity, and fire prevention, such as agricultural workforce
housing, ADA barrier removal, vegetation removal, and wildland fire resiliency and prescribed
fire programs.
Director Hassett inquired regarding the proposed cost of the Amah Mutsun tribal garden.
Mr. Malone described some of the complexities and limitations associated with this restoration,
which impact the project cost.
Public hearing opened at 10:25 p.m.
District Clerk Jennifer Woodworth reported no public comments were submitted for this item.
Public hearing closed at 10:25 p.m.
The Board recessed at 10:25 p.m. and reconvened at 10:32 p.m. with all Directors present.
Mr. Jaskulak reviewed the General Manager’s recommendations and stated Controller Mike
Foster will now provide his annual report.
The Board returned to Item 9 at 11:10 p.m.
Motion: Director Kishimoto moved and Director Riffle seconded the motion to adopt the
proposed Fiscal Year 2020-21 (FY21) Budget and Action Plan at the June 24, 2020 regular
meeting of the Board of Directors.
ROLL CALL VOTE: 7-0-0
Meeting 20-12 Page 8
10. Controller’s Report on the Proposed Fiscal Year 2020-21 Budget (R-20-60)
Controller Mike Foster provided the Controller’s report outlining projected expenditures for
operating and capital expenses. Mr. Foster reported the tax revenue continues to grow although
at a reduced amount as previously projected and stated the District’s FY2020-21 is affordable
and sustainable. Mr. Foster provided his FY2020-21 cash projection, 30-year cash flow
projection, and projected Measure AA tax rate for the life of the bonds. Mr. Foster stated the
District will potentially issue a third tranche of Measure AA bonds when and if the Board
decides to purchase Cloverdale Ranch. Mr. Foster recommended the Board adopt the proposed
FY20-21 Budget and Action Plan.
Director Kishimoto inquired regarding the ability for the District to pay for all of the Measure
AA projects using Measure AA funds.
Mr. Foster stated the District would be able to raise $300 million in Measure AA funds, but
additional funding sources will be needed, such as from grants.
Director Kishimoto stated the Action Plan & Budget Committee reviewed the proposed budget
in detail and recommends Board approval and thanked the Board for their early input into setting
the FY20-21 strategic plan goals and objectives. Director Kishimoto thanked District staff for
their work in creating a comprehensive budget.
Public comment opened at 11:12 p.m.
District Clerk Jennifer Woodworth reported no written comments were submitted for this item.
Public comment closed at 11:12 p.m.
Motion: Director Cyr moved and Director Siemens seconded the motion to accept the
Controller’s Report on the Fiscal Year 2020-21 Budget.
ROLL CALL VOTE: 7-0-0
11. Oral Update on Midpeninsula Regional Open Space District COVID-19 Response
Ms. Ruiz provided several updates related to the District’s response to COVID-19. There
continues to be a high level of visitor use at District preserves, and staff is collecting public input
on visitor experiences, including whether they are new users. Natural Resources staff are
monitoring wildlife to determine if there is an impact on wildlife due to the higher usage to
ensure natural resources are protected. In late May, all preserves began reopening, and all
restrooms except those at the Black Mountain backpack camp and Daniels Nature Center are
reopened. Staff is determining whether adjustments need to be made to the Black Mountain
backpack camp to prepare for reopening. Docent and volunteer program managers are preparing
a phased plan to restart volunteer activities.
Public comment opened at 11:21 p.m.
District Clerk Jennifer Woodworth reported no written comments were submitted for this item.
Meeting 20-12 Page 9
Public comment closed at 11:21 p.m.
No Board action required.
INFORMATIONAL MEMORANDUM
• Tunitas Creek Open Space Preserve – Gordon Ridge Barn Siding Protection
Director Hassett expressed caution regarding the recommended application of a clear product on
the barn stating that they are often temporary and spoke against Option 2. Director Hassett spoke
in favor of Option 3.
Ms. Ruiz stated staff will look into this further and seek additional peer review.
Senior Property Manager Omar Smith stated that the options provided were in response
maintaining the historic nature and appearance of the structure and not necessarily the longest
lasting options.
• Allocation of Water Rights Affecting the Gordon Ridge Ranch Purchase
INFORMATIONAL REPORTS
A. Committee Reports
No Committee reports.
B. Staff Reports
Ms. Ruiz reported staff recently met with Santa Clara Valley Open Space Authority executive
team members to coordinate on future endeavors, such as adapting to increased visitation and use
and additional outreach and other communication opportunities.
C. Director Reports
The Board members submitted their compensatory reports.
ADJOURNMENT
President Holman adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District back into closed session at 11:33 p.m. in the memory of George
Floyd and others like him that have lost their life.
________________________________
Jennifer Woodworth, MMC
District Clerk