HomeMy Public PortalAbout20230111 - Minutes - Board of Directors (BOD)
January 11, 2023
Board Meeting 23-01
*Approved by the Board of Directors on March 22, 2023
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, January 11, 2023
The Board of Directors conducted this meeting in accordance with California Government Code
section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33.
APPROVED MINUTES*
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
President Kersteen-Tucker called the special meeting of the Midpeninsula Regional Open Space
District to order at 5:03 p.m.
ROLL CALL
Members Present: Jed Cyr, Karen Holman, Yoriko Kishimoto, Curt Riffle, and Zoe
Kersteen-Tucker
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer/Director of Administrative Services Stefan Jaskulak,
Assistant General Manager Brian Malone, Assistant General Manager
Susanna Chan, Acting District Clerk Maria Soria, Acting Deputy District
Clerk Loana Lumina-Hsu
Director Craig Gleason and Director Margaret MacNiven were present at the meeting.
1. SWEARING IN OF NEW BOARD MEMBERS FOR THE TERM STARTING
JANUARY 2023
Acting Deputy District Clerk Loana Lumina-Hsu swore in Directors Craig Gleason, Karen
Holman, Yoriko Kishimoto, and Margaret MacNiven for their terms ending in 2026.
Public comment opened at 5:09 p.m.
Former Director Pete Siemens welcomed the new Board members and commented that the
District is in good hands.
Meeting 23-01 Page 2
Tyler MacNiven stated that he is excited to see Director MacNiven take this task on as a Board
Director and is excited to see her work with such a great organization.
Rowan MacNiven congratulated Director MacNiven and expressed his pride.
General Manager Ana Ruiz commented former Director Larry Hassett was not able to attend and
asked Ms. Ruiz to congratulate the new members on his behalf and wish them the very best.
Public comment closed at 5:12 p.m.
ADJOURNMENT
President Kersteen-Tucker adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District into closed session at 5:12 p.m.
SPECIAL MEETING – CLOSED SESSION
President Kersteen-Tucker called the special closed session of the Midpeninsula Regional Open
Space District to order at 5:12 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT
CODE SECTION 54956.8)
Property: San Mateo County Apns: 072-343-010, 072-343-020, 075-340-130, 075-330-100
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Martin And Carolyn Eberhard
Under Negotiation: Purchase Terms
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. GOVERNMENT CODE
SECTION 54957(B)(1)
Title Of Employee: Controller
General Counsel
Public comment opened at 5:12 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 5:12 p.m.
The Board convened into closed session at 5:13 p.m.
ADJOURNMENT
President Zoe Kersteen-Tucker adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:00 p.m.
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
Meeting 23-01 Page 3
President Kersteen-Tucker called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:04 p.m.
ROLL CALL
Members Present: Jed Cyr, Craig Gleason, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Margaret McNiven, and Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Susanna Chan, Assistant General Manager Brian Malone,
Chief Financial Officer/Director of Administrative Services Stefan
Jaskulak, Acting District Clerk Maria Soria, Acting Deputy District Clerk
Loana Lumina-Hsu, Engineering & Construction Manager Jason Lin,
Senior Capital Projects Manager Scott Reeves, Acting Senior Resource
Management Specialist/Capital Project Manager III Zachary Alexander,
Land and Facilities Manager Brandon Stewart, Public Affairs Manager
Korrine Skinner
President Kersteen-Tucker announced this meeting is being held in accordance with Government
Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33,
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
Kersteen-Tucker described the process and protocols for the meeting.
REPORT OUT OF CLOSED SESSION
President Kersteen-Tucker reported the Board met in closed session, and no reportable action
was taken.
ORAL COMMUNICATIONS
Basim Jaber congratulated Directors Gleason and MacNiven for their Board appointments. Mr.
Jaber hopes that the District reopens the discussion and considers allowing Class 1 e-bikes on
District trails where regular bicycles are allowed.
Pamela Warren commented on the Bear Creek Stables Improvement Plan and mentioned she had
researched the permit with the County of Santa Clara and the status of the permit is incomplete
and has been closed with no current application. Ms. Warren questioned the District’s
commitment to the Bear Creek Stables Improvement Plan. She mentioned the only
improvements that have been made to the Stables is the added blue rock to the trails, which is
great, but no work has been done to address where horses are kept, drainage, erosion, stalls, and
paddocks. In addition, she inquired on the progress of the project.
Meeting 23-01 Page 4
General Manager Ana Ruiz stated that staff will address Ms. Warren’s comments and explain the
permit status for the project and asked Ms. Warren to provide her contact information so staff
could reach out to her.
Alexander Hapke, President of the Midpeninsula Rangers Peace Officers Association, spoke on
the imposition of work rules, recruitment and retention challenges, and retirement and public
safety benefits. Mr. Hapke stated he hopes the District will acknowledge the job duty differences
and negotiate for better retirement benefits for the rangers.
Shelly Cannon expressed disagreement with the District’s response to Public Records Act
requests regarding the Bear Creek Stables Request for Proposal (RFP) process and scoring for
Bear Creek Stables. According to her knowledge, a member of the public filed a complaint to
the Grand Jury for an investigation. Ms. Cannon commented that some Board members had met
with Peggy Kaufman and two members of a non-profit that submitted failed RFPs and provided
them with internal key District details, but the Directors refused to accept other meeting invites
from other boarders. She inquired when the Board would submit a motion to reconsider the
award to Chaparral.
INTRODUCTION OF NEW BOARD MEMBERS
• Craig Gleason, Ward 1
• Margaret MacNiven, Ward 6
President Kersteen-Tucker introduced and welcomed the newly sworn-in Directors and gave
them an opportunity to address the Board and the public.
Director Gleason stated he has a huge amount of respect for the organization and all the people
he has worked with at the District, and it is an honor and quite exciting for him to be a part of the
Board. Director Gleason provided information on what led him to the District and being on the
Board of Directors, including spending time in open spaces, cross-country training, and hiking
trails. Director Gleason believes that providing great experiences will draw more people to the
District’s mission and lead them to value the open spaces, inspiring new defenders and protectors
of open space.
Director MacNiven stated it is an honor for her to be part of the Board and thanked everyone for
their support. She is delighted to be a part of the District and looks forward to furthering the
mission of preservation, protection, and caring for the natural world so that it can be passed on to
future generations.
Director Riffle welcomed both of the new members and stated that the Board is open to their
new ideas. He thanked Director Siemens for all his work and for encouraging Director Gleason
to become a Board member. Director Riffle additionally thanked President Kersteen-Tucker for
her services as President of the Board and appreciated her leadership.
Director Holman welcomed the new Board members and commented it is a pleasure getting to
know Directors Gleason and MacNiven. Director Holman is looking forward to getting to know
each of them better and serving with them.
Meeting 23-01 Page 5
Director Cyr echoed fellow Board members’ comments and welcomed Directors Gleason and
MacNiven. Director Cyr looks forward to many years with the new members.
Director Kishimoto welcomed Directors Gleason and MacNiven and looks forward to working
with them.
Public comment opened at 7:32 p.m.
Mike Bunsic urged the District to reexamine public access in terms of trail design, planning, and
construction. He encouraged the Board to take to heart the new ideas that Director Gleason will
bring to the table. Mr. Bunsic thanked Director Gleason for his representation and wished him
the best of luck in this future position.
Public comment closed at 7:33 p.m.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Holman seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
BOARD BUSINESS
1. Election of the Calendar Year 2023 Officers for the Midpeninsula Regional Open
Space District Board of Directors (R-23-07)
Acting District Clerk Maria Soria described the procedure for electing Board officers.
President Kersteen-Tucker called for nominations for Board President.
Director Holman nominated Director Kishimoto for Board President and Director Riffle
seconded the nomination. No further nominations were presented.
Motion: Director Cyr moved, and Director Kersteen-Tucker seconded the motion to close the
nominations for Board President.
ROLL CALL VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Kishimoto as Board President for Calendar Year
2023.
President Kishimoto thanked the Board for her nomination and called for nominations for Board
Vice-President.
Director Riffle nominated Director MacNiven for Board Vice President and Director Kishimoto
seconded the nomination. No further nominations were presented.
Motion: Director Cyr moved, and Director Holman seconded the motion to close the
nominations for Board Vice-President.
Meeting 23-01 Page 6
ROLL CALL VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director MacNiven as Board Vice President for Calendar
Year 2023.
Director MacNiven thanked the Board.
President Kishimoto called for nominations for Board Treasurer.
Director Kishimoto nominated Director Riffle for Board Treasurer. Director Kersteen-Tucker
seconded the nomination. No further nominations were presented.
Motion: Director Cyr moved, and Director Kersteen-Tucker seconded the motion to close the
nominations for Board Treasurer.
ROLL CALL VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Riffle as Board Treasurer for the 2023 calendar
year.
President Kishimoto called for nominations for Board Secretary.
Director Kishimoto nominated Director Gleason for Board Secretary and Director MacNiven
seconded the nomination. No further nominations were presented.
Motion: Director Cyr moved, and Director Riffle seconded the motion to close the nominations
for Board Secretary.
ROLL CALL VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Gleason as Board Secretary for Calendar Year
2023.
President Kishimoto spoke on the challenges of many changes during the previous year and on
the accomplishments of the outgoing president and invited Board Directors to say a few words.
Directors Cyr, Riffle, and Holman thanked and acknowledged Director Kersteen-Tucker for her
representation and perspective as the first Board member from the coast.
Director Kersteen-Tucker thanked the Board for their comments and highlighted many of the
District’s accomplishments in 2022, including the 50th Anniversary celebrations, solid financial
footing in a challenging economy, the opening of Alma Cultural Landscape at Bear Creek
Redwoods Open Space Preserve, the opening of Grasshopper Loop Trail at La Honda Creek
Open Space Preserve, the discussion and voting on e-bikes, work on the Agricultural Policy, the
Bear Creek Stables Concessionaire selection, and Cloverdale Ranch purchase.
Meeting 23-01 Page 7
President Kishimoto spoke on the future of the District, including the Financial and Operational
Sustainability Model revamp, the use of the Administrative Office as a conservation hub, and
starting a brown bag series inviting speakers and the public to the District office.
Ms. Ruiz spoke on several upcoming District projects, including its efforts in furthering
diversity, equity, and inclusion (DEI) initiatives, including: entering the fourth year of
implementation to improve accessibility and remove ADA barriers at District preserves; hiring a
new Human Resources staff with DEI experience and focus; developing the Ride Hail Program
and the Shuttle Program at Rancho San Antonio Open Space Preserve; and implementing the
Purisima Creek Redwoods Multimodal Strategies.
Ms. Ruiz introduced Dr. Metha Klock, Assistant Professor in Environmental Studies at San Jose
State University (SJSU), to discuss a DEI-focused grant-funded partnership between the District
and SJSU involving environmental restoration work at various preserves.
Dr. Klock discussed two main goals of the partnership: increasing access for minority students to
District lands and leveraging student learning in environmental restoration courses to address
science-based questions about habitat restoration.
Ms. Ruiz next spoke on numerous ongoing and upcoming District efforts to protect the local
biodiversity and introduced U.S. Geological Survey Research Biologist Dr. Brian Halstead, a
District collaborator since 2014 who focuses on the conservation of reptiles and amphibians.
Dr. Halstead spoke on the planned work for the federally threatened San Francisco garter snake
(SFGS). A project at Cloverdale Ranch will study the distribution of snakes at the site and
develop a focused habitat management plan for the species. A second project will study the
feasibility of introducing the snake at La Honda Creek Open Space Preserve. The La Honda
Preserve offers several wetlands with prey for the snake and establishing a population in the area
would strongly help meet the snake’s recovery goals. Mr. Halstead also spoke on the North
American Bat Monitoring Program, which also involves the District. Dr. Halstead thanked the
Board for the continued partnership.
Public comment opened at 8:14 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 8:14 p.m.
CONSENT CALENDAR
Public comment opened at 8:15 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 8:15 p.m.
Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent
Calendar.
Meeting 23-01 Page 8
ROLL CALL VOTE: 7-0-0
2. Approve the November 9, 2022 Board meeting minutes
3. Approve Claims Report
4. Teleconferenced Board Meetings Pursuant to the Brown Act and Assembly Bill 361
(R-23-01)
General Manager’s Recommendation: Adopt a resolution affirming findings to continue remote
teleconferenced public meetings, including as part of hybrid (remote/in-person) meetings,
pursuant to AB 361.
5. Annual Findings on the number of Compensated Board Meetings (R-23-02)
General Manager’s Recommendation: Adopt a Resolution making annual findings that more
than five Board meetings per month are necessary for the effective operation of the Midpeninsula
Regional Open Space District.
6. Minor Contract Amendment for Construction Administration Services with
Waterways Consulting, Inc., for the Lower Alpine Road Retaining Wall Project (R-
23-03)
General Manager’s Recommendation: Authorize the General Manager to execute a contract
amendment with Waterways Consulting, Inc., of Santa Cruz, California to provide construction
administration, geotechnical oversight, structural observations, civil observations, and project
closeout services for the Lower Alpine Road Retaining Wall Project in the amount of $46,338,
bringing the total contract to a not-to-exceed amount of $368,267.
7. Contract Amendment for the San Gregorio Creek Sediment Survey (R-23-04)
General Manager’s Recommendation:
1. Authorize the General Manager to execute an amendment to the professional services contract
with Balance Hydrologics, Inc., to provide additional field data collection and reporting for the
San Gregorio Water Quality Improvement Plan in the amount of $54,624.
2. Authorize an allowance of $7,475 for sediment surveys on a future proposed property purchase
located in the San Gregorio Creek watershed (allowance would only be spent if the property
purchase is approved by the Board of Directors).
3. Authorize a 10% contingency in the amount of $6,210 to address unforeseen issues, bringing
the total not-to-exceed amendment amount to $62,099 and total not-to-exceed contract
amount to $302,542.
4. Authorize extending the term of the contract to June 30, 2024.
8. Partnership Agreement with the United States Geological Service for Reptile and
Amphibian Monitoring to Inform Management Planning at Three Preserve Locations
(R-23-05)
Meeting 23-01 Page 9
General Manager’s Recommendation: Authorize the General Manager to enter into a partnership
agreement with the United States Geological Survey for a base amount of $198,364 to provide
reptile and amphibian monitoring.
9. Contract Amendment for Cultural Resources Support to Implement the Bear Creek
Redwoods Vegetation Treatment Project (R-23-06)
General Manager’s Recommendation: Authorize the General Manager to execute a contract
amendment with Rincon Consulting, Inc., of Santa Cruz, California to provide cultural resources
support to the Vegetation Treatment Project, in the amount of $36,915, bringing the contract to a
not-to-exceed total amount of $110,337.
BOARD BUSINESS
10. Award of Contract to Granite Rock Company to complete the Lower Alpine Road
Regional Trail Retaining Wall Project at Coal Creek Open Space Preserve (R-23-08)
Capital Project Manager III Zachary Alexander provided the staff presentation describing the
project, its location, and the project timeline. Mr. Alexander described the proposed repairs and
the construction constraints, including a strict timeline, narrow work zone and access, and
required trail closures.
Director Cyr requested Mr. Alexander to elaborate on the concerns from the neighboring
properties.
Mr. Alexander explained that an area near the entrance is owned by the Town of Portola Valley
and the District obtained permission to conduct the construction activities as the work may affect
their property.
Director Riffle expressed his support and asked for information on communications with the
neighbors who will be impacted by the project.
Mr. Alexander stated Senior Capital Project Manager Scott Reeves has been in constant contact
with all the neighbors that may be affected by the Alpine (Road) Trail repairs. Mr. Alexander
received positive feedback from the neighbors to see the project completed.
Mr. Reeves explained the recent Upper Alpine Improvements communication with the neighbors
included postings on neighborhood email listservs, trail head notifications, and active dialogues
with neighbors. Mr. Reeves stated a similar approach will be applied to the current project.
Director Riffle asked how staff has notified active trail users.
Mr. Reeves stated staff reached out to mountain biking community groups as a conduit for
expanding the communication networks related to the trail project.
Director Holman asked how the work on the trail will affect Corte Madera Creek and what were
the comments from the permitting agencies.
Meeting 23-01 Page 10
Mr. Alexander explained the construction techniques and stated that heavy equipment will not
enter the creek channel. Work will be done from the existing road surface.
Director Holman inquired if there will be habitat disruption.
Mr. Reeves explained the work will not affect the creek or impact the existing conditions of the
wetted channel.
Director Holman inquired about the visual effects and appearance of the pile wall.
Mr. Alexander stated that the retaining wall will be below ground, and above grade will be
timber.
Director Riffle requested and received clarification on the District’s responsibility of the County
Road.
President Kishimoto inquired about the two-month closure during the summer.
Mr. Alexander confirmed the closure must occur to complete the work.
Director Cyr requested and received additional information on the creek and road erosion.
Director Gleason commented on users having a larger picture of the Alpine Road projects.
Director Gleason inquired and received additional information on the budget allocation for the
Alpine Road projects.
General Counsel Hilary Stevenson provided additional information on the mitigation declaration
in response to Director Holman’s earlier question regarding impacts.
Public comment opened at 8:50 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 8:50 p.m.
Director MacNiven inquired on the results of the recent work completed by Granite Rock.
Mr. Alexander and Mr. Reeves provided positive remarks about Granite Rock, their work on
previous projects, and their understanding of District requirements.
Motion: Director MacNiven moved, and Director Riffle seconded the motion to:
1. Authorize the General Manager to enter into a contract with Granite Rock Company of
San Jose, California for a base amount of $626,800.
2. Authorize a 15% contingency in the amount of $94,020 to be reserved for unanticipated
construction issues.
3. Authorize an allowance in the amount of $40,260 for inflationary cost increases to
account for delays in commencing the project to address issues related to neighboring
properties, bringing the total not-to-exceed contract amount to $761,080.
Meeting 23-01 Page 11
ROLL CALL VOTE: 7-0-0
INFORMATIONAL MEMORANDA
• Alma Bridge Road Newt Passage Project Update and Final Background Technical
Memorandum
There were no Board member questions.
INFORMATIONAL REPORTS
A. Committee Reports
No committee reports.
B. Staff Reports
Land and Facilities Manager Brandon Stewart reported on the current 2023 storm damage and
repair efforts throughout District preserves.
Director MacNiven thanked Assistant General Manager Brian Malone for sending crews to
Portal Heights Road to help clear fallen trees.
Director Holman expressed her appreciation for the storm damage presentation.
President Kishimoto asked if photos were posted on District social media.
Public Affairs Manager Kori Skinner confirmed photos were shared on social media of the
closed roads, preserves, and trails.
Director Holman inquired if Windy Hill Open Space Preserve had closures.
Mr. Malone confirmed that a trail was closed, visitors can check the District website for active
trail closures and preserve closures.
C. Director Reports
Director Gleason reported he attended docent and restoration events.
Director Riffle reported every year he challenges himself to visit every preserve and he achieved
that accomplishment in 2022.
Director Kersteen-Tucker reported members of the Half Moon Bay and the mayor contacted her
regarding an aerial tram, which would run adjacent to Highway 92. She will keep the Board
posted on further developments.
President Kishimoto reported she and Director Kersteen-Tucker attended the District holiday
luncheon, which was a great opportunity to talk with the staff members.
Meeting 23-01 Page 12
President Kishimoto requested Directors to think about and provide suggestions on how to honor
former Directors Siemens and Hassett and referred the topic to the Legislative, Funding, and
Public Affairs Committee.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:14 p.m.
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
The Closed Session of the Midpeninsula Regional Open Space District was continued to
Thursday, January 12, 2023 at 5:30 p.m.
Loana Lumina-Hsu
Acting Deputy District Clerk