HomeMy Public PortalAbout20200812 - Minutes - Board of Directors (BOD)
August 12, 2020
Board Meeting 20-17
*Approved by the Board of Directors on August 26, 2020
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, August 12, 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 – CLOSED SESSION
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:00 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: Controller Mike Foster and General Counsel Hilary Stevenson
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.
Public comment opened at 5:01 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Public comment closed at 5:01 p.m.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: Controller
General Counsel
Meeting 20-17 Page 2
President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District into closed session at 5:02 p.m.
Director Hassett joined the meeting at 5:07 p.m.
President Holman continued the special meeting until after the close of the regular meeting at
6:54 p.m.
REGULAR MEETING
President Holman called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:01 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, District
Clerk/Assistant to the General Manager Jennifer Woodworth, Natural
Resources Manager Kirk Lenington, Integrated Pest Management
Coordinator Tome Reyes, Senior Natural Resources Specialist Coty
Sifuentes-Winter, Visitor Services Manager Matt Anderson, Public Affairs
Specialist I Carmen Lau
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.
CLOSED SESSION REPORT
The Board held a July 22, 2020 closed session following the adjournment of the Board’s regular
meeting. In closed session, the Board approved a settlement in the matter of Burkhart v.
MROSD, Santa Clara County Case number 18CV334473. The substance of the settlement
agreement relates to the maintenance of a shared water system between Burkhart and the
District. The Board vote was 7 in favor, none opposed, none abstaining. The settlement
agreement is on file in the General Counsel’s office.
ORAL COMMUNICATIONS
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Meeting 20-17 Page 3
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Cyr seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
SPECIAL ORDERS OF THE DAY
• Introduction of Staff:
o Ari Nuri, Planner I
o Mike Bower, Budget & Analysis Manager
CONSENT CALENDAR
Director Siemens pulled Item 3.
Public comment opened at 7:14 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for the
Consent Calendar.
Public comment closed at 7:14 p.m.
Motion: Director Hassett moved, and Director Riffle seconded the motion to approve the
Consent Calendar, except for Item 3.
ROLL CALL VOTE: 7-0-0
1. Approve July 22, 2020 Minutes
2. Claims Report
3. Award of Contract to Sandbar Solar to Design and Install Solar Panels at the
Skyline Field Office at Skyline Ridge Open Space Preserve (R-20-87)
Item 3 was heard after the consent calendar.
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with Sandbar Solar for a base
amount of $151,533 to design and install a grid-tie solar panel system at the Skyline Field
Office
2. Authorize a 10% contingency of $15,153 to be reserved for unanticipated issues, bringing
the contract to a total not-to-exceed amount of $166,686.
Director Hassett commented that the item should have been considered at the Committee level
before Board deliberation.
Director Siemens inquired regarding the country of origin for the solar panels.
Meeting 20-17 Page 4
Area Manager Craig Beckman provided additional information regarding the design-build
process for the project, potentially including selection of the brand of panels.
Director Siemens stated he supports using solar panels that are not manufactured in China and
expressed concern regarding the project costs, based on his own evaluation of solar panel
projects.
General Counsel Hilary Stevenson provided additional information regarding the design-build
process and limitations on the District requiring the contractor to use solar panels manufactured
in a specific country.
General Manager Ana Ruiz stated the Board could reject all bids and re-bid the project with
different specifications.
Assistant General Manager Brian Malone reported the District has not previously specified
country of origin for project bid specifications and stated this may be a larger discussion for the
Board to consider.
Director Kishimoto spoke against specifying a country that the District will not purchase from.
Director Siemens spoke in favor of deferring this item until staff can talk with the contractor
about the ratings for the solar panels to be used on the project.
Director Hassett expressed concerns regarding the size of the project and the bids received
related to the optional charging stations.
Director Kersteen-Tucker expressed concern in singling out a country of origin for projects and
spoke in favor of supporting local vendors.
Motion: Director Riffle moved, and Director Siemens seconded the motion to
1. Approve the General Manager’s recommendation.
2. Direct staff to return to the Board at a future date to discuss appropriate sourcing
guidelines for construction projects, with a preference for local contractors.
ROLL CALL VOTE: 7-0-0
BOARD BUSINESS
4. Consider designation of select preserve trails, roadways, and parking areas to allow
electric bicycle use under a 1-year pilot project (R-20-89)
Mr. Malone discussed the Board’s prior actions related to electric bicycles (e-bikes) and
described the recent opening of Ravenswood Bay Trail and its potential use as a commuter route.
Chief Ranger Matt Anderson reviewed the different classifications of e-bikes and the District’s
current regulations and signage prohibiting all e-bikes on District lands. Chief Andersen
Meeting 20-17 Page 5
displayed maps of the areas being proposed for inclusion in the pilot program: Ravenswood Bay
Trail, Mount Umunhum Road, and Rancho San Antonio bike trail. Chief Andersen provided
information related to compliance with the California Environmental Quality Act (CEQA) and
monitoring plan for the proposed pilot program.
Director Kishimoto inquired regarding the availability of bike parking.
Chief Andersen reported staff has discussed the potential need for additional parking and the
ease of installing bike parking at various preserves to accommodate additional bicycles.
Director Kersteen-Tucker inquired regarding the ability of District staff to enforce e-bike
regulations when visitors enter the preserves from various entry points, especially at Rancho San
Antonio.
Chief Andersen stated additional enforcement would be required, but to date mountain bikes
entering unauthorized trails has not been an issue at Rancho San Antonio.
Director Riffle inquired how the results of pilot program will measured.
Chief Andersen reported that much of the data will come from visitor complaints and conflicts
and through intercept surveys conducted throughout the pilot program.
Mr. Malone reported staff will also conduct trail surveys at the start of the pilot program and at
its completion.
Director Hassett inquired if monitoring would also look at the time of day for usage to determine
if usage is related to commutes.
Chief Andersen reported this information could be gathered through intercept surveys and
through counting users.
Public comment opened at 8:25 p.m.
Ms. Woodworth read the submitted comments into the record.
Mike Dicker supported allowing class 1 e-bikes wherever regular bikes are permitted. E-bikes
would allow visitors to reach the trailheads by bike instead of car, which would reduce carbon
footprints.
Andrew Fitzgerald supported the General Manager’s recommendations and stated a class 1 or 2
e-bike has a similar impact as an unassisted bicycle allowing visitors of various fitness levels and
physical abilities to access open spaces.
Arvind Ganesh supported being able to commute by e-bike along the Ravenswood Bay Trail.
Bill Bushnell supported the General Manager’s recommendations stating the intent of the state
legislation defining e-bikes was to encourage addition bicycling and e-bicycling.
Meeting 20-17 Page 6
Basim Jaber suggesting allowing e-bikes at Sierra Azul or other preserves that have more
interesting trails for e-bikes. Additionally, the impact of e-bikes is similar to the impact of
conventional bicycles.
Christine Fisher stated e-bikes are essential for visitors with disabilities and suggested regulating
user behaviors, such as speed limits, noise limits, banning, jumps, staying on trails, yielding to
others, etc.
Catherine Sheu stated the only way she can enjoy biking on trails is by using an e-bike.
Diana Tashjian was in favor of the General Manager’s recommendations.
Guy Shuman stated class 3 e-bikes should be allowed, but class 2 e-bikes should be banned on
District preserves.
James Takasugi supported increasing trail accessibility to class 1 and 2 e-bikes. Additionally, the
specific evaluation criteria and process for the pilot program should be made public prior to the
start of the test period, and the results should be publicly posted.
Larry Plaza stated e-bikes open recreation to many seniors, which could be unattainable
otherwise.
Michael McHenry supported the General Manager’s recommendations.
Patrick Noon supported allowing e-bikes on District preserves to allow those who cannot use a
standard bike to be able to enjoy the outdoors.
Alex Liston stated he would like to be extend his enjoyment of open space by using a class 1 e-
bike.
Alan Muschott stated support for allowing e-bikes on all trails where bicycles are permitted and
suggested starting the pilot project sooner.
Carole Bridgeman expressed concern related to e-bikes being on trails with equestrians and
suggested another trial period to study e-bikes on multi-use trails.
Jerry Wittenauer expressed concern regarding risks associated with e-bikes users and equestrian
use. Mr. Wittenauer suggested gathering data with respect to equestrian and e-bike interactions.
Kevin Wang supported allowing e-bikes on District trails to help his wife access the trails. Mr.
Wang suggested restricting speed, but not the tool.
Lada Adamic, who is a bike commuter, expressed excitement and appreciation for the new
Ravenswood Bay Trail connection.
Pete Huston stated e-bikes are a great alternative to gas powered motor vehicles to allow visitors
to access the preserves. Mr. Huston suggested additional signage is needed at District preserves
to let visitors know e-bikes are prohibited. Mr. Huston opposed allowing e-bikes on preserve
trails.
Meeting 20-17 Page 7
Pejman Khosropour stated he would use his e-bike to access District preserves if allowed and
stated e-bikes present no more danger to the trails or nature than mountain bikes. E-bikes also
allow those with physical limitations to access outdoor recreation.
Patrick Mullins encouraged the Board to consider class 1 e-bikes at El Corte de Madera, which
would allow cyclists to return to the parking lot more easily in the steep elevation.
Lili Esfahani supported the General Manager’s recommendations.
Ron Stein supported the General Manager’s recommendations stating that class 1 and 2 e-bikes
should be allowed on all trails available to standard bicycles. Additionally, e-bikes should be
allowed on access roads and parking lots.
Fred Trueman supported the General Manager’s recommendations.
Public comment closed at 8:48 p.m.
Mr. Malone clarified that the proposed pilot program is only for the trail specified in the staff
report, not a pilot program for expanding e-bike use to other preserves.
Director Riffle inquired regarding commuter use along Ravenswood Bay Trail and the difference
between this area and allowing e-bikes at Rancho San Antonio.
Chief Andersen stated that Ravenswood Bay Trail is a commuter route but may not be receiving
heavy traffic during the current pandemic. However, Rancho San Antonio does not likely receive
large amounts of commute traffic.
Director Riffle expressed concern regarding e-bike access at Rancho San Antonio Open Space
Preserve and whether access should end at the border of the Rancho San Antonio County Park.
Mr. Malone stated that many visitors ride their bikes from their homes and park near Deer
Hollow Farm before hiking along the trail system. The General Manager’s recommendation
would allow e-bikes the same access. Also, Santa Clara County already allows e-bikes on their
lands, so this would allow for consistency.
President Holman suggested not allowing class 2 e-bikes into the preserve but having them park
in the parking lot and expressed concerns related to the use of e-bikes around children due to
speed concerns.
Director Cyr commented that once a new use is allowed, it becomes difficult to alter the use
later.
Director Kersteen-Tucker spoke in favor of the General Manager’s recommendation and of
preserve visitors being able to visit District preserves without having to use their vehicles.
Director Kishimoto spoke in favor of the General Manager’s second recommendation and
opening the Ravenswood Bay Trail to class 1 and class 2 e-bikes. Director Kishimoto stated
opening Rancho San Antonio to e-bikes would likely lessen vehicle traffic there and help address
parking concerns at the preserve.
Meeting 20-17 Page 8
President Holman spoke in favor of the General Manager’s second recommendation and opening
the Ravenswood Bay Trail to class 1 and class 2 e-bikes but stated additional study is needed
regarding the impact of e-bikes. President Holman stated that she is uncomfortable with allowing
e-bikes into the preserve at Rancho San Antonio. President Holman stated a survey is needed to
further gather feedback on the pilot program. Finally, President Holman stated her discomfort
with the proposed CEQA exemption.
Director Hassett spoke in favor of the General Manager’s second recommendation and opening
the Ravenswood Bay Trail to class 1 and class 2 e-bikes. Director Hassett stated a survey is
needed to better understand the impact of e-bikes at Rancho San Antonio.
Director Kersteen-Tucker stated many other partner agencies allow e-bikes on their lands, and
the pilot project would not allow e-bikes on dirt trails. Additional study is needed to understand
this mode of recreation and transportation that is here to stay.
Director Siemens spoke in support of the General Manager’s recommendations.
Director Riffle spoke in favor of the General Manager’s second recommendation and opening
the Ravenswood Bay Trail to class 1 and class 2 e-bikes. Director Riffle expressed concerns
related to allowing e-bikes on District trails.
Directors Cyr and Kersteen-Tucker commented that the family-friendly nature of the Deer
Hollow Farm area and the ability of children to access the area by bicycle.
Motion: Director Holman moved, and Director Riffle seconded the motion to:
1. Designate select trails at Ravenswood Open Space Preserve where bicycles are currently
allowed as open to class 1 and 2 electric bicycle use under a 1-year pilot project and
determine that this action is categorically exempt from the California Environmental
Quality Act.
2. Designate select trails at Rancho San Antonio Open Space Preserve and County Park
where bicycles are currently allowed as open to class 1 and 2 electric bicycle use under a
1-year pilot project and determine that this action is categorically exempt from the
California Environmental Quality Act.
3. Designate all roads and parking areas that are open to the public for motor vehicle use
during regular preserve hours as also open to all classes of electric bicycles.
Friendly Amendment: Director Riffle suggested separating out the recommendations, and vote
on them individually.
President Holman accepted the friendly amendment.
Motion: Director Holman moved, and Director Riffle seconded the motion to:
1. Designate select trails at Ravenswood Open Space Preserve where bicycles are currently
allowed as open to class 1 and 2 electric bicycle use under a 1-year pilot project and
determine that this action is categorically exempt from the California Environmental
Quality Act.
ROLL CALL VOTE: 7-0-0
Meeting 20-17 Page 9
Motion: Director Holman moved, and Director Riffle seconded the motion to:
2. Designate select trails at Rancho San Antonio Open Space Preserve and County Park
where bicycles are currently allowed as open to class 1 and 2 electric bicycle use under a
1-year pilot project and determine that this action is categorically exempt from the
California Environmental Quality Act.
ROLL CALL VOTE: 7-0-0
Director Kishimoto asked staff to ensure signage is placed at the Lower Meadow Trail stating
that bikes are prohibited on that trail.
Motion: Director Holman moved, and Director Riffle seconded the motion to:
3. Designate all roads and parking areas that are open to the public for motor vehicle use
during regular preserve hours as also open to all classes of electric bicycles.
ROLL CALL VOTE: 7-0-0
The Board recessed at 9:46 and reconvened with all directors present at 9:57 p.m.
President Holman announced the closed session for the General Counsel’s performance
evaluation will be continued to August 13, 2020 at 5:00 p.m.
5. Integrated Pest Management Program 2019 Calendar Year Report (R-20-90)
Integrated Pest Management (IPM) Coordinator Tom Reyes presented the staff report describing
the IPM program goals, summary of pest control treatments and labor hours by type of treatment
method. Mr. Reyes described the results of the 2019 IPM program, including removal of yellow
star thistle at Los Trancos and recovery of native plants at Bear Creek Redwoods OSP.
The Board members thanked staff for their continued work on the program to work smart and
use volunteer and staff hours wisely.
Director Kersteen-Tucker inquired regarding the impact of COVID-19 on the IPM program.
Mr. Reyes reported COVID-19 largely stopped volunteer work for the IPM program during the
critical spring season. The impact will be seen in the following year’s report and may potentially
have a lasting impact on invasive species management.
The Board members inquired and received additional information regarding various invasive
species control methods such as goats, sheep, use of masticators, prescribed burns, etc.
Public comment opened at 10:34 p.m.
District Clerk Jennifer Woodworth reported no public comments were submitted for this item.
Public comment closed at 10:34 p.m.
No Board action required.
Meeting 20-17 Page 10
6. Midpeninsula Regional Open Space District’s Youth Outreach Plan (R-20-88)
Public Affairs Specialist I Carmen Lau provided the staff presentation describing the
District’s Youth Outreach Plan, which seeks to foster knowledge and appreciation for nature,
conservation, and land management among youth ages four to twenty-one. Staff is working with
new youth groups to provide outreach engagement and educational services to youth and
families in the District and creating additional youth outreach materials and events. Additionally,
staff created virtual nature experiences and other virtual events to continue outreach during the
COVID-19 pandemic.
The Board members thanked staff for their work to create the youth outreach program and
commented on the importance of reaching out to youth.
Director Holman requested staff provide additional information regarding the amount of staff
hours required for the program when it returns to the Board.
Public comment opened at 10:56 p.m.
District Clerk Jennifer Woodworth reported no public comments were submitted for this item.
Public comment closed at 10:56 p.m.
Motion: Director Kersteen-Tucker moved, and Director Kishimoto seconded the motion to
approve the Youth Outreach Plan.
ROLL CALL VOTE: 7-0-0
INFORMATIONAL MEMORANDUM
• Deer Hollow Farm White Barn -- Replacement of Attic Stairs with Pull-down Ladder
• Updated Scope and Timeline for the Science Advisory Panel
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Planning and Natural Resources Committee met on July 28,
2020 to discuss the La Honda Access Public Access Working Group report and on August 4,
2020 to discuss the Beatty property.
Director Kishimoto provided an update regarding the Lehigh Quarry ad hoc committee met.
B. Staff Reports
District Clerk Jennifer Woodworth reported the elections for wards 4 and 7 will be cancelled
because they are uncontested. Ward 3 is a contested election and will be included on the
November 3, 2020 ballot.
Meeting 20-17 Page 11
Assistant General Manager Brian Malone reported Valley Water and Santa Clara County Roads
also sent support letters for the UC Davis grant proposal regarding the newt study for Alma
Bridge Road. Mr. Malone reported the bids for the painting of the La Honda red barn came in
below estimates and will be within the general manager’s signature authority. The eucalyptus
removal along Page Mill Road for fire protection will be moving forward, and staff met with
stakeholders to discuss the project.
Assistant General Manager Susanna Chan reported staff submitted comments regarding the Draft
Environmental Impact Report being conducted by the San Francisco Public Utilities Commission
for the Southern Skyline Boulevard Ridge Trail Extension Project.
Directors Kersteen-Tucker and Holman requested letters of this type be brought to the Board for
their consideration before being sent.
Chief Financial Officer Stefan Jaskulak reported the potential uses of the $10 million
appropriation by the state legislature were expanded in the most recent state budget to include
acquisition, planning, design, development, public access, restoration, etc. and the geographic
area was also expanded to include Los Gatos Creek, Saratoga Creek, Upper Guadalupe
watershed, etc. The funds can potentially be used for the Highway 17 crossing, Ama College
rehabilitation, etc.
General Manager Ana Ruiz reported staff will be taking California Senate candidate Ann Ravel
for a tour of District lands. Ms. Ruiz thanked staff for their efforts to hold the virtual celebration
of the Ravenswood Bay Trail opening.
C. Director Reports
The Board members thanked and commended staff on their work on the Ravenswood Bay Trail
and the successful virtual opening event.
President Holman and Director Cyr thanked and commended staff for their work with the La
Honda Public Access Working Group and commented on its success.
ADJOURNMENT
President adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional
Open Space District at 11:27 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk