HomeMy Public PortalAbout20200923 - Minutes - Board of Directors (BOD)
September 23, 2020
Board Meeting 20-22
*Approved by the Board of Directors on October 14, 2020
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, September 23, 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: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Real
Property Manager Mike Williams, Senior Real Property Agent Allen
Ishibashi, and Real Property Specialist I Jasmine Leong
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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: San Mateo County APN: 080-282-080
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Jacob Guenther and Tamara J. Shimizu
Under Negotiation: Loan Terms
Meeting 20-22 Page 2
Staff left the closed session after the first agenda item concluded.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: Controller
General Counsel
General Manager
CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section 54957.6
Agency designated representatives: Board Appointee Evaluation Committee (Directors
Holman, Riffle, and Siemens)
Unrepresented Employees: Controller
General Counsel
General Manager
Public comment opened at 5:00 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
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 6:48 p.m.
REGULAR MEETING
President Holman called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:00 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: 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
Meeting 20-22 Page 3
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
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
CONSENT CALENDAR
Public comment opened at 7:05 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for the
Consent Calendar.
Public comment closed at 7:05 p.m.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the
Consent Calendar.
ROLL CALL VOTE: 7-0-0
1. Approve September 9, 2020 Minutes
2. Claims Report
3. Award of Contract for Project Management of Fire Resiliency and Fuel Reduction
Work and Associated Biological Monitoring Services at Coal Creek Open Space Preserve
(R-20-103)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with Overstory Land Stewardship for
the base contract price of $62,627 to manage a project that will create and improve fuel
breaks along existing open space roads and trails at Coal Creek Open Space Preserve.
2. Authorize a 10% contingency of $6,263 to be expended only if additional work is required
beyond the base contract scope of work, for a not-to-exceed total contract of $68,890.
4. Second Reading and Adoption of the Revised “Ordinance for Use of Midpeninsula
Regional Open Space District Lands” (R-20-105)
Meeting 20-22 Page 4
General Manager’s Recommendations:
1. Waive second reading, read by title only, and adopt the Ordinance for Use of Midpeninsula
Regional Open Space District Lands.
2. Adopt the Bail Schedule as revised.
BOARD BUSINESS
5. Fiscal Year ending June 30, 2020 Annual Year End Report (R-20-106)
Chief Financial Officer Stefan Jaskulak provided the FY2019-20 year end report highlighting
various projects completed, such as closing a gap of the San Francisco Bay Trail in the
Ravenswood Open Space Preserve and a new ADA-accessible loop trail in Bear Creek
Redwoods Open Space Preserve; land protected, including additions to the Tunitas Creek, El
Corte de Madera, and Purisima Creek Open Space Preserves; and continued work on various
projects, such as fire protection and Climate Action Plan implementation. Mr. Jaskulak
highlighted numerous actions taken in response to COVID-19 to protect the District’s workforce
and members of the public.
The members of the Board commended staff on their response to COVID-19 and their ability to
continue to deliver on projects and support the District’s mission with enthusiasm, dedication,
and grace.
Public comment opened at 7:40 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Public comment closed at 7:40 p.m.
No Board action required.
6. Authorization to enter into a Funding Agreement with Peninsula Open Space Trust
to conduct a Newt Mortality and Population Study along Alma Bridge Road in
collaboration with partners (R-20-104)
Director Riffle recused himself from participating in this potential transaction between POST
and the District due to his employment with POST, which is categorized as a remote interest
under California Government Code section 1091.
Director Riffle left the meeting at 7:41 p.m.
Ms. Ruiz commented on the proposed newt study and its ability to support the work previously
completed by citizen scientists that have studied newt mortality in the area. The proposed study
may also help support future grant applications to pursue funding for a wildlife crossing project
for newts along Alma Bridge Road.
Senior Resource Management Specialist and Interim Land & Facilities Manager Julie Andersen
provided the staff presentation describing the data already gathered by citizen scientists and the
need to work with partners to pursue and implement a solution that addresses newt mortality
Meeting 20-22 Page 5
along Alma Bridge Road. Ms. Anderson outlined several conceptual ideas for newt crossings,
including modifying existing culverts, directional fencing, etc., and any crossings would require
support from the County of Santa Clara and Valley Water, which would own and manage the
relevant infrastructure.
Neal Sharma, Wildlife Linkages Program Manager with Peninsula Open Space Trust, described
the proposed study, which will look at the size of the breeding adult newt population, proportion
of adult newts crossing Alma Bridge Road, percentage of the population killed by vehicles, and
the carrying capacity for Lexington Reservoir. Mr. Sharma outlined how the study results will be
used, including sharing the data with various agencies and stakeholders, supporting future grant
funding requests, developing newt crossing alternatives, and adding to baseline data for
determining the efficacy of newt crossing structures.
Ms. Andersen provided an overview of the project timeline and next steps for the project.
Director Kishimoto requested clarification regarding this study and its relation to the UC Davis
newt study.
Ms. Andersen reported the UC Davis study is running in parallel and that the proposed study
would complement the US Davis proposal to design potential crossing structures.
Public comment opened at 8:12 p.m.
District Clerk Jennifer Woodworth read the following comments into the record.
Beatrice Bui stated it would be helpful to consider studies that already exist and inquired if
tunnels could be built.
Annette Herz supported saving newts stating action is needed immediately and should not be
delayed for an additional study to be completed.
Kathleen Feigelman requested the District build a tunnel now, and additional research is not
needed.
Merav Vonshak stated urgent action is needed to prevent additional newt mortality.
Kira Ord urged the Board to proceed with an investigation of what can be done to protect newts
and their access to land and water without mass newt mortality.
Public comment closed at 8:15 p.m.
Motion: Director Kishimoto moved, and Director Holman seconded the motion to authorize the
General Manager to enter into a Funding Agreement and contribute $150,000 for Peninsula Open
Space Trust and partner agencies to conduct a Newt Mortality and Population Study from
October 2020 to June 2021.
Director Kishimoto acknowledged the work completed by citizen scientists and their dedication
and expressed hope that other agencies will be able to use the data to support actions to prevent
newt mortality. Director Kishimoto commented on one of the comments shared at the Planning
Meeting 20-22 Page 6
and Natural Resources Committee on this topic that the District should have a net zero impact for
its public access projects.
ROLL CALL VOTE: 6-0-0
Director Riffle rejoined the meeting at 8:20 p.m.
7. Oral Update on Midpeninsula Regional Open Space District COVID-19 Response
General Manager Ana Ruiz provided the update describing visitor attendance at District
preserves and reported the District’s volunteers are beginning to return to the preserves to work
on stewardship projects and volunteer trail patrol, including the Advanced Resource
Management Stewards. Ms. Ruiz reported on several virtual events coming up featuring the
District and its preserves. Ms. Ruiz provided updates on various other projects that had been
impacted by COVID-19 and have also required crisis management, preparation, and response in
light of recent statewide catastrophic fires.
Public comment opened at 8:42 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted for this item.
Public comment closed at 8:42 p.m.
No Board action required.
INFORMATIONAL MEMORANDUM
• Beatty Parking Area and Trail Connections Project Update
Public comment opened at 8:43 p.m.
District Clerk Jennifer Woodworth read the following comments into the record.
Annette Herz opposed building a new parking lot for in the Beatty area due to its potential
negative impact on migrating newts.
Merav Vonshak supported postponing the Beatty parking area project and hopes it will not be
implemented due to the significant negative impact it will have on newts in the area.
Public comment closed at 8:43 p.m.
Director Siemens stated that the planning for the Beatty parking area should move forward in
parallel to the newt study, with construction postponed until after the newt topic had been
addressed.
Director Kersteen-Tucker supported bringing this item forward for a discussion by the full Board
of Directors.
Directors Cyr and Hassett also supported bringing this item forward for full Board discussion.
Meeting 20-22 Page 7
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Planning and Natural Resources Committee met on September
22, 2020 and discussed the Rancho San Antonio multimodal access study.
B. Staff Reports
No staff reports.
C. Director Reports
Director Kishimoto reported the next virtual event for the Green Streets Symposium will be next
week.
ADJOURNMENT
President Holman adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:57 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk