HomeMy Public PortalAbout20230412 - Minutes - Board of Directors (BOD)
April 12, 2023
Board Meeting 23-11
* Approved by the Board of Directors on June 14, 2023
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
5050 EL CAMINO REAL
LOS ALTOS, CA 94022
Wednesday, April 12, 2023
The Board of Directors conducted this meeting in accordance with
California Government Code section 54953.
APPROVED MINUTES*
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Craig Gleason, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Margaret MacNiven, and Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Chief Financial Officer/Director of
Administrative Services Stefan Jaskulak, Assistant General Manager
Susanna Chan, Acting Deputy District Clerk Loana Lumina-Hsu,
Executive Assistant/Legal Secretary Irma Mora, Real Property Manager
Mike Williams, Engineering & Construction Manager Jason Lin, Senior
Capital Project Manager Paul Kvam, Public Affairs Manager Korrine
Skinner
President Kishimoto announced this meeting is being held in accordance with Government Code
section 54953. 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.
Meeting 23-11 Page 2
REPORT OUT OF CLOSED SESSION
President Kishimoto reported the Board met in closed session on April 5, 2023, and no
reportable action was taken.
ORAL COMMUNICATIONS
Public comment opened at 7:01 p.m.
Acting Deputy District Clerk Loana Lumina-Hsu reported there were no public speakers.
Public comment closed at 7:02 p.m.
President Kishimoto spoke on the passing of former Director Pete Siemens who served on the
District’s Board of Directors for over 30 years.
Director Riffle concurred with President Kishimoto’s comments and spoke of learning from and
appreciation for the work of Mr. Siemens.
Director Gleason expressed sympathy for Mr. Siemens passing, and the recent involvement of
Mr. Siemens at District public workshops.
Director Cyr stated he learned of Mr. Siemens’ passing at the Santa Clara Valley Water
Commission meeting when the representative from Los Gatos shared information of his passing.
Director Cyr spoke on the many years he and Mr. Siemens worked together.
Director Holman suggested holding the board meeting in honor of former Director Pete Siemens.
President Kishimoto proclaimed the April 12, 2023 meeting is held in honor of former Director
Pete Siemens.
Director Kersteen-Tucker spoke of meeting Mr. Siemens during the Coastal Annexation effort
over 20 years prior.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Kersteen-Tucker seconded the motion to adopt the
agenda.
ROLL CALL VOTE: 7-0-0
CONSENT CALENDAR
Director Riffle commented on agenda item four thanking the Bond Oversight Committee for the
Committee’s work this fiscal year and supported the recommendation for the Board to accept the
report.
Public comment opened at 7:10 p.m.
Meeting 23-11 Page 3
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 7:10 p.m.
Motion: Director Kersteen-Tucker moved, and Director Cyr seconded the motion to approve the
Consent Calendar.
ROLL CALL VOTE: 7-0-0
1. Approve the February 8, 2023 Board meeting minutes
2. Approve Claims Report
3. Award of Contract to Square Signs, of Burbank, California, to complete the
Administrative Office Interpretive Exhibit Wall Fabrication at 5050 El Camino Real,
Los Altos CA (R-23-39)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Square Signs for a not-
to-exceed base contract amount of $94,353.
2. Authorize a contingency of 15% in the amount of $14,153 to be reserved for
unanticipated issues, bringing the total not-to-exceed contract amount of $108,506.
4. Report from the Bond Oversight Committee to the Board of Directors for the review
period from July 1, 2021 to June 30, 2022
Bond Oversight Committee’s Recommendation: The Bond Oversight Committee
recommends that the Board of Directors accepts this report.
BOARD BUSINESS
5. Proposed Purchase of a Remaining 33% Undivided Interest in the 611.7-acre South
Cowell Property from Peninsula Open Space Trust, which is located at 1000 Verde
Road, Half Moon Bay, in unincorporated San Mateo County (Assessor’s Parcel
Numbers 066-280-010, 066-280-020, and 066-280-051), as an addition to Purisima
Creek Redwoods Open Space Preserve (R-23-40)
Real Property Manager Mike Williams provided the staff presentation on the proposed purchase
of the South Cowell Property as an addition to Purisima Creek Redwoods Open Space Preserve
and discussed the Purisima-to-the-Sea proposed trail alignments, potential trail easement to
connect to the Cowell-Purisima Trail, proposed parking area, residential property, and
conservation easements.
Director Kersteen-Tucker requested and received additional information about farm labor
housing and the conservation easement.
Mr. Williams continued the staff presentation, stating the purchase terms and conditions and the
proposed land division process to create a separate Upland to be owned by the District and
separate Farm property to be owned by the Marsh family.
Meeting 23-11 Page 4
Director Holman requested and received additional information on the residence tenant.
Director Holman inquired if it is possible to keep the apartment in the barn.
Mr. Williams explained that staff met with the County of San Mateo and discussed what is
allowed under the Planned Agricultural Development (PAD) zoning ordinance as the interior of
the structure was built without permits. During the subdivision application, the interior apartment
buildout inside the barn structure was flagged as a building violation and has been largely
removed by POST.
Director Holman thanked staff for the on-site tour of the property.
Director Riffle requested additional information on planned uses and the relationships with the
Marsh Property.
Mr. Williams explained the Marsh family is supportive of the trail and neighboring farm and
grazing operations. Staff had meetings with the Marsh family, grazing tenant, and farm
neighbors, and staff will meet with them again prior to the South Cowell purchase going to
Board.
Director Riffle asked if there are any restrictions on the trail in regards to the neighboring farm.
Mr. Williams explained the neighboring operation is a dry farm. POST has a trail easement on
the southern boundary from Verde Road to Highway 1 and when the trail is implemented along
the access easement, it will be subject to closure approximately half a dozen times a year. Staff
has discussed the planned trail use with the neighbor. Mr. Williams explained it is not a part of
the Agenda Item, however, it will be part of a future trail project that will connect to the coastal
trail.
Director Kersteen-Tucker asked if there are additional infrastructure issues with the house that
may need to be addressed in the future.
Mr. Williams stated normal wear and tear and ongoing maintenance and repair. The structure has
a new roof and deferred maintenance issues were identified and repaired by POST.
Director Kersteen-Tucker asked how maintenance and repair for the residence property is
budgeted.
General Manager Ana Ruiz stated the District uses maintenance management system for
properties to track maintenance needs and to assist with properly scheduling and budgeting for
future repairs.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak explained the
District also has a capital maintenance reserve of $6,000,000 to $8,000,000 million designated
for large capital projects. The District uses a conservative approach to grow the reserve and the
reserve can fund repairs. Mr. Jaskulak stated that regular maintenance is annually included in the
budget.
Meeting 23-11 Page 5
Director Kishimoto asked and received clarification on the modernization of conservation
easements.
Mr. Williams provided additional information of the mineral and oil rights for the property.
Director MacNiven requested and received additional information on the conservation easement,
trail easement, and location of proposed future trails.
Public comment opened at 7:47 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 7:47 p.m.
Kersteen-Tucker expressed gratitude for staff working with the local community and POST, and
expressed support for the General Manager’s Recommendations.
Mr. Williams thanked the caretaker tenant Rob Scilingo for positive outreach and relationships
with the neighbors and grazing tenants.
Director Riffle expressed support for the South Cowell purchase. Director Riffle thanked POST
and District staff for their work on the complicated purchase.
Directors Cyr, MacNiven, and President Kishimoto expressed support for the purchase and
acknowledged the hard work of staff.
Motion: Director Kersteen-Tucker moved, and Director Holman seconded the motion to
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 purchase of an undivided 33% interest in the
South Cowell Property for $1,251,000;
3. Approve, execute, and accept a Public Trail Easement from the tenants in common
owners;
4. Amend the South Cowell Preliminary Use and Management Plan to reflect the
purchase of the Property;
5. Withhold dedication of the property as public open space at this time; and
6. Allocate $450,000 of the available interest income on Measure AA Bond Proceeds to
Portfolio #03 to include the proposed South Cowell Property purchase as a Measure
AA project.
ROLL CALL VOTE: 7-0-0
6. Oral Presentation – Engineering and Construction Department Overview
Engineering & Construction Manager Jason Lin began by expressing kind words for former
Director Pete Siemens. Mr. Lin then provided a staff presentation on the Engineering and
Construction department creation, structure, purpose, and goals.
Director Holman asked and received information on the Engineering and Construction staff.
Meeting 23-11 Page 6
Mr. Lin continued the staff presentation explaining the role of Engineering and Construction in
the project planning and delivery process. Core functions include design and engineering,
permitting, bidding, construction management, contracting, project management, regulations and
codes, mitigation measures, constructability, and cost estimating. Mr. Lin presented the
department’s organizational structure and existing staff. He explained the horizontal
infrastructure programs encompassing staging area, roads and trails, grading and drainage, site
improvements, and hazardous materials, as well as the vertical infrastructure programs
encompassing facilities and buildings, bridges, structures repairs and upgrades, miscellaneous
structures such as the Mount Umunhum stairway in Sierra Azul Open Space Preserve, structures
disposition, and site improvements. He then presented the upcoming Fiscal Year 2024-25
project priorities, noting in particular the Federal Emergency Management Agency (FEMA)
storm repairs from the Winter 2023 storm damage.
Director Kersteen-Tucker expressed gratitude for the staff working on the enormity of the
projects.
Director Riffle expressed gratitude for staff’s work and asked what the department may need to
complete more projects.
Mr. Lin replied retaining staff is a challenge and stated the District trains staff well, who often
move onto other places as there are many opportunities around the San Francisco Bay Area.
Director Holman thanked the department staff for the work completed with a small team.
Director Holman requested and received additional information on the difference between
horizontal and vertical infrastructure.
Director Holman commented on the upcoming project priorities list and asked how the FEMA
storm repairs will affect the other projects.
Mr. Lin explained most of the work will be completed by Land & Facilities staff and the task of
Engineering & Construction staff is to start the design and permitting process for larger repair
projects, such as repairs to Purisima Creek Trail and to the Bear Creek Redwoods Open Space
Preserve parking lot culvert, which will take multiple years to complete.
Director Holman asked about the La Honda Creek Open Space Preserve White Barn project and
expressed surprise the project has not yet been completed.
Mr. Lin explained the project is going to bid in late April or May. Mr. Lin explained that with
staff turnover, the remaining capacity was largely focused on the new Administrative Office
project. Mr. Lin expressed the White Barn project is important and acknowledged it fell behind
schedule.
Director Holman asked and received additional information on the Billingsley structure.
Mr. Lin explained the structure needed to be removed for public safety.
Director Cyr expressed gratitude for staff and the progress on projects.
Meeting 23-11 Page 7
President Kishimoto asked and received information on engineer estimates in the bidding
process.
President Kishimoto asked if tenant residence repairs are completed by the Engineering &
Construction department.
Mr. Lin explained Engineering & Construction works on major renovations and repairs,
including design and County permitting.
General Manager Ana Ruiz expressed gratitude of Mr. Lin who joined the District as a result of
the Financial and Operational Sustainability Model (FOSM) recommendations and who has been
integral in the creation of the Engineering & Construction department.
Public comment opened at 8:23 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 8:23 p.m.
No Board action was required or taken.
7. Oral Presentation – Real Property Department Overview
Real Property Manager Mike Williams provided a staff presentation on the Real Property
department’s staff; organizational structure; department mission and core functions; land
conservation opportunities and collaboration; and partnerships with Peninsula Open Space Trust
(POST), Santa Clara County Parks, local communities, City of East Palo Alto, City of Half
Moon Bay, San Francisco Public Utilities Commission, and other partners.
Director Cyr expressed appreciation for staff’s work on the complicated projects.
Director Holman complemented and recognized the work of Mr. Williams and the Real Property
Department staff.
Mr. Williams praised the support of District staff and the collaboration of partner agencies.
Director Riffle expressed appreciation of Mr. Williams. Director Riffle asked about what the
Real Property department may need and what the Board should think about to support future
land opportunities, which may be more difficult to obtain.
Mr. Williams stated collaboration with existing and potential partners needs to continue, as well
as relying on partners for their expertise. Mr. Williams stated he is working on succession
planning, setting the Real Property Department up for a successful future.
Director Kersteen-Tucker asked how the District can cultivate opportunities around Pescadero
and Tunitas Creek and on how to expand and develop partnerships.
Mr. Williams explained for past projects it was important to connect with local agency staff and
follow their guidance on reaching out to the community.
Meeting 23-11 Page 8
Director Kersteen-Tucker expressed appreciation for staff in building strong relationships with
POST.
Director Gleason expressed appreciation for staff and the purchase of lands, creating and
expanding open space preserves. Director Gleason requested more information on the
partnerships within the Pescadero Creek Watershed.
Mr. Williams explained the relationships are different than most other communities, as there are
three timber companies in the area. District staff is learning from POST, Save the Redwoods
League, and Sempervirens Fund on developing relationships with timber companies and about
their desire to protect the redwoods in the region.
Ms. Ruiz praised Mr. Williams for valuing the importance of relationship building, cultivating
relationships with partners and community members, and for his leadership in protecting and
preserving lands, facilitating regional trails, and sustaining habitat connectivity and wildlife
corridors.
President Kishimoto expressed appreciation for Mr. Williams.
Public comment opened at 8:59 p.m.
Ms. Lumina-Hsu reported there were no public speakers for this item.
Public comment closed at 8:59 p.m.
No Board action was required or taken.
INFORMATIONAL MEMORANDA
No informational memoranda were provided.
INFORMATIONAL REPORTS
A. Committee Reports
Director MacNiven reported the Legislative, Funding, and Public Affairs Committee met on
March 28, 2023, to review the modification to the Monetary Gift Acknowledgement Policy
Language and implementation plan for updating Board Policy 5.02 – Good Neighbor Policy.
Director Cyr reported the Planning and Natural Resources Committee met on April 4, 2023, to
review the Highway 35 Multi-Use Trail Crossing and Parking Feasibility Study project goals and
existing conditions/site opportunities and constraints. The Committee reviewed the staff report
and had no modifications.
B. Staff Reports
Mr. Jaskulak provided an update for the FOSM refresh stating the project is on schedule, the
contract was signed in March, and a field trip to the coast will be provided for Baker Tilly staff
showcasing the District Administrative Office, Skyline Field Office, La Honda Creek Open
Meeting 23-11 Page 9
Space Preserve Sears Ranch, Coastal Area Outpost, South Cowell, and Johnston Ranch. Deeper
dives into programs will begin in late April and into May. The project is currently on schedule
for initial reports and actionable items to the Board in September or October 2023.
Director Kishimoto asked when the project will return to the Board.
Mr. Jaskulak confirmed the project will return to the Board in the Fall.
Mr. Jaskulak provided an update on FEMA projects and stated the District is working with San
Mateo County and California Governor’s Office of Emergency Services. Mr. Jaskulak stated the
FEMA funding process is intensive for grantees and the District has identified at least fifteen
projects ranging from $6,000,000 to $8,000,000 related to storm damage through January 31,
2023. The District sustained additional damage since January 31 due to additional storms and it
is currently unknown if FEMA will extend the coverage dates.
Assistant General Manager Brian Malone provided an update on the City of East Palo Alto
approval of the City’s Parks Master Plan the week prior. One element includes a proposal to
open Ruckers Avenue to the University Avenue neighborhood, which would provide the District
with direct access to the neighborhood through such easement. Mr. Malone provided an update
on preserve and trail closures. Mr. Malone stated staff will bring forth to the Action Plan and
Budget Committee any adjustments to the work plan that may be necessary to incorporate the
FEMA-funded related repairs.
President Kishimoto asked if Hicks Road was reopened.
Mr. Malone stated the last known information is that Hicks Road is still closed but Mount
Umunhum Road is accessible.
Director Holman asked about the best wildflower access given road and trail closures.
Mr. Malone stated staff provided information for a Mercury News article. Mr. Malone stated
Pinnacles National Park has wildflowers in bloom, Russian Ridge Open Space Preserve
wildflowers are starting to bloom, however, more wildflowers will bloom later in the season. Mr.
Malone stated there is wildflower access to Skyline Ridge, Monte Bello, Los Trancos, and
Russian Ridge Open Space Preserve.
Director Cyr asked if the wildflower season is spread out.
Mr. Malone explained when it is colder, the grass grows and will often cover the flowers.
C. Director Reports
Director Gleason attended a volunteer restoration event at El Sereno Open Space Preserve.
Director Kersteen-Tucker stated she and Director MacNiven attended the Farm Day Lunch.
Director Kersteen-Tucker attended the Farm Bureau meeting where staff presented the draft
Agricultural Policy and stated it was a productive meeting.
Meeting 23-11 Page 10
Director Riffle attended the Santa Clara County Parks virtual public meeting on updating the
County-wide trails master plan and an updated version is slated for release in Fall 2023. Director
Riffle attended the Bear Creek Redwoods Open Space Preserve Phase II Trails Options public
workshop in Los Gatos.
Director Cyr attended Santa Clara Valley Water (Valley Water) Commission, which meets twice
a year and the Commission moved the next meeting from October to August. Director Cyr
reported that Valley Water staff suggested a water rate increase to fund long-range large capital
projects over the next ten years. Director Cyr commented Valley Water initiated a campaign to
notify constituents on an assistance program to pay for water bills, including a credit of up to
$1,000.
President Kishimoto stated she is attending the Santa Clara Local Agency Formation
Commission on April 5 and the Bay Conservation and Development Commission on April 6.
President Kishimoto heard about developments regarding Lehigh Cement and Permanente
Quarry related to Valley Water discussing the possibility of using the quarry pit for water storage
and that the staff recommendation will go to the Valley Water Board at a later time. Also, the
Permanente Creek Environmental Impact Report was released, and the cement kiln is now
closed. President Kishimoto reminded the Directors of the upcoming brown bag sessions on
April 26 Wildflower Mimicry and on May 22 California 30 x 30 plan.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:19 p.m. in memory of the honorable Director
Pete Siemens.
Loana Lumina-Hsu
Acting Deputy District Clerk