HomeMy Public PortalAbout20200826 - Minutes - Board of Directors (BOD)
August 26, 2020
Board Meeting 20-19
*Approved by the Board of Directors on September 9, 2020
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, August 26, 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 – STUDY SESSION
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:01 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, Resource Management Specialist II
Karine Tokatlian
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.
1. Midpeninsula Regional Open Space District American Badger and Burrowing Owl
Research (R-20-93)
Resource Management Specialist II Karine Tokatlian provided the staff presentation describing
the American badger, including their behaviors and markings, habitats, and presence in District
Meeting 20-19 Page 2
preserves. Ms. Tokatlian explained badgers are difficult to monitor and study due to their
nocturnal nature, but badgers typically prefer grassland habitats, which overlaps well with the
District’s conservation grazing areas on which badgers have been observed. Humans represent
the largest threat to badgers through habitat loss, habitat fragmentation, vehicles, use of
anticoagulant rodenticides (SGARs), and hunting and trapping, which led to American badgers
being listed as a species of special concern in 1987 to reduce population decline and support
population monitoring. The burrowing owl is another species of special concern that lives in
District preserves and often use badger burrows. Burrowing owls are also at risk of population
decline for similar reasons to badgers.
Ms. Tokatlian described the badgers and burrowing owl habitat suitability assessment, which is
assessing existing data and collecting additional data through field surveys to create a habitat
assessment and linkage models. The assessment also includes a genetic analysis to help better
understand the population and its diversity. Ms. Tokatlian described the preliminary results of
the study, including potential habitat linkages and badger sightings at various District preserves,
and how the study results will inform District management actions, such as in designing roads,
trails, and facilities; habitat and property acquisition; maintaining habitat connectivity; and
managing potential conflicts with livestock. Burrowing owls have been observed in Purisima
Creek Redwoods OSP (October Farm property) and on nearby properties during the winter,
however they have not been observed on District preserves during the breeding season. Ms.
Tokatlian described collaborative and partnership opportunities for studying badgers, including
with Point Blue, Stanford Conservation Program, etc.
The members of the Board thanked Ms. Tokatlian for the thorough and informative presentation.
Director Kishimoto inquired regarding the impact of other (non-SGAR) pesticides on badgers.
Ms. Tokatlian reported there is currently limited data related to the impact of general pesticides
on badgers but assumes pesticides would have a negative impact, similar to impacts reported
from SGARs specifically, on badgers and spoke in support of the District’s use of non-chemical
pesticides.
Director Riffle inquired how staff will know once there is a healthy badger population.
Ms. Tokatlian stated this is hard to measure but requires that enough of the population is
reproducing to replace current population and a has genetic diversity among its population.
Director Siemens suggested an increased badger population could negatively impact row crops if
they attempt to burrow in the row crops. Education and outreach to farmers may provide
stewardship of badgers occurring within agricultural properties. Monitoring existing badger
occurrence within row crops and grazing lands would also be informative.
Public comment opened at 6:41 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Public comment closed at 6:41 p.m.
No Board action required.
Meeting 20-19 Page 3
President Holman adjourned the special meeting of the Midpeninsula Regional Open Space
District at 6:42 p.m.
REGULAR MEETING
President Holman called the regular meeting of the Midpeninsula Regional Open Space District
to order at 6:54 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Curt Riffle,
and Pete Siemens
Members Absent: Yoriko Kishimoto
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, Senior Resource Management
Specialist Aaron Hébert
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.
ORAL COMMUNICATIONS
Director Kishimoto joined the meeting at 6:57 p.m.
Ms. Woodworth read the submitted comments into the record.
Janssen Liston expressed concern regarding eucalyptus trees in El Sereno Open Space Preserve
stating they need to be removed immediately to protect against fire danger and property
destruction.
Rhoda Fry expressed concerns regarding the Lehigh Quarry and the haze produced by the quarry
due to various materials released into the air. Ms. Fry encouraged the District to advocate for
public health, visibility, and native plants at open spaces.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
Meeting 20-19 Page 4
ROLL CALL VOTE: 7-0-0
SPECIAL ORDERS OF THE DAY
• Proclamation of the Midpeninsula Regional Open Space District given to Honor the
Retirement of Michael Jurich
CONSENT CALENDAR
Director Riffle requested staff report back on the use of contingency funds in contracts.
President Holman stated the Board could discuss this topic further during Director comments at
the end of the meeting.
Public comment opened at 7:18 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for the
Consent Calendar.
Public comment closed at 7:18 p.m.
Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the
Consent Calendar, as amended.
ROLL CALL VOTE: 7-0-0
1. Approve August 12, 2020 Minutes
Director Riffle stated the vote for the second motion for item 4 is incorrect and should state that
President Holman voted against the motion.
District Clerk Jennifer Woodworth stated she will correct the vote when finalizing the minutes.
2. Claims Report
3. Acceptance of Funding from the California Conservation Corps for the Coal Creek
Area Fuel Break Project (R-20-94)
General Manager’s Recommendations: Adopt a resolution accepting Proposition 68 grant
funding from the California Conservation Corps for the Coal Creek Area Fuel Break Project.
4. Lobitos Ridge/Elkus Uplands Ranch Grazing Lease in Purisima Creek Redwoods
Open Space Preserve (R-20-95)
General Manager’s Recommendations: Adopt a resolution authorizing the General Manager to
enter into a new, two-year grazing lease with an option for a one-year extension at Lobitos
Ridge/Elkus Uplands Ranch in Purisima Creek Redwoods Open Space Preserve with current
lessee, Vince Fontana.
Meeting 20-19 Page 5
5. Purchase of Capital Equipment for Fiscal Year 2020-21 (R-20-86)
General Manager’s Recommendations: Authorize the General Manager to execute a purchase
contract with the California Department of General Services and associated contract dealers for
two replacement patrol vehicles and one replacement mini excavator, for a total cost not-to-
exceed $110,000.
Director Siemens stated the report has a typo, and the amount to be approved is $140,000, not
$110,000.
Land & Facilities Manager Michael Jurich confirmed it is a typo, and the total amount should be
$150,000 – $110,000 for vehicles and $40,000 for an excavator.
6. Award of Contract to Shellco General Contractor, Inc., for the Deer Hollow Farm
White Barn Structural Stabilization Project at Rancho San Antonio Open Space Preserve
(R-20-96)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with Shellco General Contractor,
Inc., of Patterson, California, for a base contract amount of $235,551.
2. Authorize a 15% contingency of $35,333 to be reserved for unanticipated issues, bringing the
total contract to a not-to-exceed amount of $270,884.
7. Assign Fund Balance Transfers to Fiscal Year 2021 (R-20-85)
General Manager’s Recommendations: Adopt a resolution approving (1) balance transfers of
unspent Fiscal Year 2020 appropriations in Fund 40 – General Fund Capital for projects that
continue into Fiscal Year 2021, and (2) General Fund Capital budget amendments for Fiscal
Year 2021.
8. Contract Amendment with Top Line Engineers to Remove an Underground
Oil/Water Separator at the South Area Field Office Project Site (R-20-91)
General Manager’s Recommendations:
1. Authorize the General Manager to amend the original contract of $46,650 with Top Line
Engineers by $61,180, bringing the base contract amount to $107,830 to remove an
underground oil/water separator discovered at the South Area Field Office Project site.
2. Authorize a 15% contingency of $16,175 to be awarded, if necessary, to cover unforeseen
conditions, for a new total not-to-exceed contract amount of $124,005.
9. Award of Contract to Engineering/Remediation Resources Group, Inc. for the
Madonna Creek Ranch Cleanup at Miramontes Ridge Open Space Preserve (R-20-92)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with Engineering/Remediation
Resources Group, Inc. of Martinez, CA, for a base contract amount of $106,626.
2. Authorize a 15% contingency of $15,994 to be reserved for unanticipated issues related to
the base contract, bringing the total contract to a not-to-exceed amount of $122,620.
Meeting 20-19 Page 6
3. Authorize an allowance of $21,325 to be expended only if there are more materials or
contaminants found during activities than previously estimated.
Director Hassett thanked staff for including in the next steps of the report that staff will be
looking at the Board purchasing policy and other options to increase contractor participation and
local sourcing.
BOARD BUSINESS
10. Sediment Monitoring Results from the Watershed Protection Program at El Corte
De Madera Creek Open Space Preserve (R-20-76)
Senior Resource Management Specialist Aaron Hébert provided the staff presentation describing
the history of the project, including implementation of the Watershed Protection Program,
completion of monitoring work, and measuring the results of the sediment monitoring El Corte
de Madera Creek Open Space Preserve. Mr. Hébert described the V* method for monitoring
sediment in the creeks over time, the locations where the sediment was measured, and how the
data was compared over time. The data showed the amount of sedimentation was reduced by
approximately 60% following District improvements to the area under the Watershed Protection
Program.
Director Riffle inquired how the data could be applied to various preserves throughout the
District.
Mr. Hébert commented that the District is applying the lessons learned at the Preserve by first
completing restoration projects and road/trail upgrades prior to opening new preserve areas to
public access. A recent example is the significant preparation and restoration work completed at
the former Driscoll Ranch area of La Honda Creek Open Space Preserve.
Director Kishimoto inquired regarding the impact of historic clear-cutting and roadbuilding and
whether these effects can be separated.
Mr. Hébert stated it is hard to distinguish between the impact of historic clear-cutting and current
land use decisions in creating large landslides.
Director Kersteen-Tucker inquired how the information is being shared with partners.
Mr. Hébert stated the methodology for measuring the impact of roads and trails on creeks is
being shared with various partners and regulatory agencies seeking to protect watersheds.
Public comment opened at 8:27 p.m.
Ms. Woodworth reported no public comments were received for this item.
Public comment closed at 8:27 p.m.
No Board action required.
Meeting 20-19 Page 7
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Action Plan and Budget Committee met on August 18, 2020
regarding the quarterly budget process. The Lehigh Quarry ad hoc committee also met on August
24, 2020 to prepare for a meeting with Santa Clara County Supervisor Joe Simitian.
Director Kersteen-Tucker reported the Legislative, Funding, and Public Affairs Committee met
on August 25, 2020 to discuss proposed updates to the District’s ordinance governing regulations
on District lands.
Director Riffle reported the Board Appointee Evaluation Committee met on August 17, 2020 to
discuss the draft written evaluations.
B. Staff Reports
Assistant General Manager Brian Malone reported on recent fires on District lands, which were
started by lightning strikes and were quickly controlled and extinguished. Mr. Malone also
provided updates on the CZU lightning complex fire and highlighted work completed by District
staff to support firefighting efforts.
C. Director Reports
Director Hassett requested additional information regarding use of contract contingencies.
Chief Financial Officer Stefan Jaskulak reported staff will create an annual report to provide the
Board with information regarding the use of contract contingencies.
Director Siemens suggested further discussing contract contingencies at an upcoming Board
workshop.
Director Kishimoto reported her attendance at the virtual Healthy Soils Summit.
ADJOURNMENT
President adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional
Open Space District at 9:04 p.m.
SPECIAL MEETING – CLOSED SESSION
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 9:05 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker,
Yoriko Kishimoto, Curt Riffle, and Pete Siemens
Meeting 20-19 Page 8
Members Absent: None
Staff Present: None
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: Controller
General Counsel
General Manager
ADJOURNMENT
President Holman adjourned the meeting of the Board of Directors of the Midpeninsula Regional
Open Space District at 9:32 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk