HomeMy Public PortalAbout20200909 - Minutes - Board of Directors (BOD)
September 9, 2020
Board Meeting 20-20
*Approved by the Board of Directors on September 23, 2020
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, September 9, 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: None
District Clerk Jennifer Woodworth 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. Ms. Woodworth described the process and
protocols for the meeting.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: Controller
General Counsel
Public comment opened at 5:00 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Meeting 20-20 Page 2
Public comment closed at 5:00 p.m.
The Board convened into closed session at 5:01 p.m.
President Holman adjourned the special meeting of the Midpeninsula Regional Open Space
District at 6:58 p.m.
REGULAR MEETING
President Holman called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:08 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, Planning
Manager Jane Mark, Chief Ranger Matt Andersen, Area Superintendent
Brad Pennington, Engineering & Construction Manager Jason Lin, Senior
Capital Project Manager Tanisha Werner, Real Property Manager Mike
Williams, Senior Real Property Agent Allen Ishibashi, and Real Property
Agent I Jasmine Leong
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
Ms. Woodworth announced no public comments were submitted for this item.
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Kersteen-Tucker seconded the motion to adopt
the agenda.
ROLL CALL VOTE: 7-0-0
Meeting 20-20 Page 3
SPECIAL ORDERS OF THE DAY
• Presentation by Tim Ramirez (SFPUC) Re: SFPUC Southern Skyline Boulevard Bay
Area Ridge Trail Extension Project
CONSENT CALENDAR
President Holman pulled Item 3 from the Consent Calendar.
Public comment opened at 7:46 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for the
Consent Calendar.
Public comment closed at 7:46 p.m.
Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent
Calendar, except for Item 3.
ROLL CALL VOTE: 7-0-0
1. Approve August 26, 2020 Minutes
2. Claims Report
3. First Amendment to the Secured Promissory Note between Jacob Guenther and
Tamara J. Shimizu (a.k.a. Tamara J. Guenther) and Midpeninsula Regional Open Space
District for a Fee Determinable Estate at 5705 Alpine Road, Portola Valley, CA 94028,
adjoining Skyline Ridge Open Space Preserve in unincorporated San Mateo County
(Assessor’s Parcel Number 080-282-080) (R-20-98)
General Manager’s Recommendations:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the General Manager to enter into a First Amendment to the
Secured Promissory Note held by Midpeninsula Regional Open Space District against Jacob
Guenther and Tamara J. Shimizu as described in the staff.
Item 3 was heard after the Consent Calendar.
President Holman suggested lowering the interest rate for the tenants to a level closer to the
market rate, such as 5%.
Motion: Director Holman moved, and Director Kishimoto seconded the motion to approve the
General Manager’s recommendation with the interest rate reduced to 5%.
General Counsel Hilary Stevenson suggested that if the Board would like to further deliberate on
the terms and conditions, the Board could direct the General Manager to bring this item back to
Meeting 20-20 Page 4
the Board after the deal terms have been further negotiated or return to closed session for further
negotiation.
President Holman inquired regarding the Guenther’s in the meantime.
Senior Real Property Agent Allen Ishibashi provided additional information regarding the
negotiations with the Guenthers, and stated the proposed agreement would be retroactive.
Amended Motion: President Holman amended her motion to direct staff to return with this item
in closed session after staff determines whether there is a lower interest rate that would meet the
District’s objectives and would be acceptable to the tenants. Director Kishimoto seconded the
amended motion.
ROLL CALL VOTE: 7-0-0
4. Award of Contract for Environmental Services for the Beatty House Removal and
Site Restoration Project (R-20-99)
General Manager’s Recommendations:
1. Authorize the General Manager to contract with LSA Associates, Inc., to provide
environmental and permitting consulting services to remove the Beatty House and restore the
natural resource values of the site for a base contract amount of $79,786.
2. Authorize a 5% contingency of $3,989, to be expended only if necessary, to cover unforeseen
conditions, for a not-to-exceed contract amount of $83,775.
BOARD BUSINESS
5. First reading of the revised “Ordinance for Use of Midpeninsula Regional Open
Space District Lands” (R-20-100)
Assistant General Manager Brian Malone provided an overview of the proposed ordinance
explaining that most of the proposed changes are to correct typos or other grammatical errors. A
few additional adjustments are proposed to conform to updated legal regulations and to address
new emerging issues experienced by District Rangers.
Area Superintendent Brad Pennington described the process to review the ordinance and make
suggested updates. The updates are to the regulations for use of District lands and to the bail
schedule, which is submitted to the courts to describe the amount of the fine and level of
violation. Mr. Pennington described several major changes and/or new additions to the
ordinance. One major change proposed is to change the title from regulations to ordinance,
reinforcing the District’s option of enacting an administrative enforcement program, if the
District choses to do so in the future. Additionally, new sections were modified or added to
reflect current use and operations, such as allowing bicycles and e-bikes into District parking lots
and to address interference with livestock. The entire ordinance was also updated with gender-
neutral language. Proposed changes to the bail schedule relate to how violations are handled by
the courts. Mr. Pennington provided additional information in response to questions raised at the
Legislative, Funding, and Public Affairs Committee related to the harassment of domestic
animals and livestock.
Meeting 20-20 Page 5
Director Siemens comment that a space is needed between permit and violation in section 408.1.
Director Riffle inquired regarding fines imposed for killing a mountain lion stating it may need
to be raised.
Mr. Pennington provided additional information regarding how fines are imposed at the superior
court level. Additional fines may be imposed by the California Department of Fish and Wildlife.
Public comment opened at 8:38 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Public comment closed at 8:38 p.m.
Director Riffle suggested staff look into whether the District may increase the fines for certain
violations, such as killing mountain lions or having fireworks on District lands.
General Counsel Hilary Stevenson reported the bail schedule does not need to be published with
the ordinance and could be modified at a separate time.
Motion: Director Riffle moved, and Director Kersteen-Tucker seconded the motion to:
1. Waive reading, read by title only, and introduce the proposed amendments to the Ordinance
regulating use of Midpeninsula Regional Open Space District Lands for adoption at the next
regular meeting of September 23, 2020.
2. Recommend proposed updates to the Bail Schedule for adoption at the next regular Board
meeting of September 23, 2020.
ROLL CALL VOTE: 7-0-0
6. Administrative Office Project Update (R-20-97)
Senior Capital Project Manager Tanisha Werner provided the staff presentation highlighting
various elements of the Project that require additional Board input and direction, including the
Board room dais and other follow-up items from previous Board discussions.
Director Cyr inquired regarding the speakers for the overflow area to allow those sitting there to
hear the presentations.
Eric Skiba with Noll & Tam reported there will be speakers throughout the area, and the
speakers can be turned off when not needed.
Director Riffle commented on whether the design has the flexibility to address current or
potential future conditions, such as the COVID-19 pandemic, nearby wildfires, etc.
General Manager Ana Ruiz confirmed that the building will have various features to improve
flexibility, including a larger room with an attached atrium for social distancing, built in
audiovisual capabilities for virtual meetings, and an improved HVAC system and associated air
filters.
Meeting 20-20 Page 6
Directors Siemens requested the Board weigh in on the design of the chairs in the Board room.
Director Kersteen-Tucker requested additional information regarding the options for Board
members to virtually participate in public meetings, such as video.
President Holman inquired regarding the materials being used for the front of the dais.
Jane Catalano from Noll & Tam reported the materials for the dais will be a combination of
salvaged material and wood veneer.
President Holman spoke in favor of using all salvaged or natural materials for the dais and spoke
in favor of using salvaged wood from buildings at Alma College.
Director Siemens suggested using the salvaged materials in a horizonal position to differentiate
between the Board and staff areas of the dais.
Directors Kishimoto and Siemens spoke in favor of upgrading the windows to automatic
windows.
Director Riffle provided comments regarding windows with automatic closure due to the cost
and the ability of staff to select whether to open or close windows.
Mr. Skiba provided additional information about the functionality of the proposed automatic
window system.
Motion: Director Siemens moved, and Director Hassett seconded the motion to include windows
with automatic closure in the design.
ROLL CALL VOTE: 6-1-0 (Director Riffle dissenting)
Director Kishimoto requested staff provide an informational report regarding the proposed
HVAC system.
Ms. Werner provided information regarding design changes based on the permit review by the
City of Los Altos. Changes were to the outdoor rear access ramp, staff break room exit routes,
and the outdoor area for the staff break room.
Ms. Werner provided information regarding the various solicitations for services, including
contractor pre-qualification, construction management and peer review services, and
interpretation services.
Director Kersteen-Tucker requested the interpretive elements adequately interpret the coastside
portion of the District and various ecosystems the District protects.
Public Affairs Manager Kori Skinner reported the coastside mission is included in the request for
proposals.
No additional Board action required.
Meeting 20-20 Page 7
INFORMATIONAL MEMORANDUM
• Trail Use Designation of Short Segment of Lower Meadow Trail in Rancho San Antonio
Open Space Preserve
INFORMATIONAL REPORTS
A. Committee Reports
Director Kersteen-Tucker reported the Real Property Committee met on September 8, 2020 to
discuss the South Cowell Ranch property, which the Board will be considering in October.
Director Kishimoto reported the Lehigh Quarry ad hoc committee also met with Santa Clara
County Supervisor Joe Simitian and his staff.
B. Staff Reports
Assistant General Manager Brian Malone reported on the CZU lightning complex fire and its
impact on District preserves, including the continued closure of Long Ridge Open Space
Preserve. The District’s Advanced Resource Management Steward volunteers recently returned
to District preserves, and additional volunteers will be returning as allowed by county health
departments. Mr. Malone provided an update on staff’s measurements of dog waste being left at
District preserves and will continue measuring going forward.
General Manager Ana Ruiz commended staff on their work in public outreach and helping
contain the recent wildfires.
C. Director Reports
Director Kishimoto reported the Green Streets for Sustainable Communities virtual events will
begin this week.
The members the Board thanked staff for their efforts in response to the CZU fires in the recent
weeks.
ADJOURNMENT
President Holman adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 10:38 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk