HomeMy Public PortalAbout20230614 - Minutes - Board of Directors (BOD)
June 14, 2023
Board Meeting 23-15
* Approved by the Board of Directors on August 9, 2023
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, June 14, 2023
The Board of Directors conducted this meeting in accordance with
California Government Code section 54953.
APPROVED MINUTES*
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
President Kishimoto called the special meeting of the Midpeninsula Regional Open Space
District to order at 6:01 p.m.
ROLL CALL
Members Present: Jed Cyr, Craig Gleason, Zoe Kersteen-Tucker, Yoriko Kishimoto,
Margaret MacNiven, and Curt Riffle
Members Absent: Karen Holman
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, District Clerk/Assistant to the General Manager Maria
Soria
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.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION –
Government Code 54956.9(d)(1) (2 case)
San Mateo County Farm Bureau v. California Coastal Commission, et al., Sacramento County
Superior Court Case No. 34-2021-80003604-CU-WM-GDS
San Mateo County Farm Bureau v. San Mateo County et al., San Mateo County Superior Court
Case No. 22-CIV-04510
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Public comment opened at 6:01 p.m.
District Clerk/Assistant to the General Manager Maria Soria reported there were no public
speakers for this item.
Public comment closed at 6:02 p.m.
The Board convened into closed session.
ADJOURNMENT
President Kishimoto adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 6:57 p.m.
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 7:01 p.m.
ROLL CALL
Members Present: Jed Cyr, Craig Gleason, Zoe Kersteen-Tucker, Yoriko Kishimoto,
Margaret MacNiven, and Curt Riffle
Members Absent: Karen Holman
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, District Clerk/Assistant to the General Manager Maria
Soria, Controller Mike Foster, DEI Specialist Katie Gilmur, Procurement
Program Manager Sarah Araya, Human Resources Supervisor Rebecca
Wolfe, Natural Resources Manager Kirk Lenington, Management Analyst
I Sophie Christel
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.
ANNOUCEMENT OF CLOSED SESSION
General Counsel Hilary Stevenson reported the Board met in closed session, and no reportable
action was taken. Ms. Stevenson did report pursuant to Government Code Section 54957.1(a)(3)
that the Board had approved a settlement agreement, which has now been fully executed.
Therefore, she can now report that on May 10, 2023, the Board voted 6 to 0 (Director Holman
absent) to authorize a settlement agreement with BHM Construction, Inc. The substance of the
agreement was to resolve pending litigation regarding a construction claim from the
Meeting 23-15 Page 3
Administrative Office remodel contract. The agreement specifies payment of a settlement to
resolve the claim. A copy of the agreement is available by request in the General Counsel’s
office.
ORAL COMMUNICATIONS
Ms. Soria reported there were no public speakers for this item.
SPECIAL ORDERS OF THE DAY
Introduction of Staff
• Sarah Araya - Procurement Program Manager
• Katie Gilmur – DEI Specialist
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director MacNiven seconded the motion to adopt the agenda.
ROLL CALL VOTE: 6-0-0 (Director Holman absent)
CONSENT CALENDAR
Public comment opened at 7:09 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 7:09 p.m.
Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent
Calendar.
ROLL CALL VOTE: 6-0-0 (Director Holman absent)
1. Approve the March 22, 2023 and April 12, 2023 Board meeting minutes
2. Approve Claims Report
3. Award of Contract for Custodial Services at Five Staff Facility Offices, Daniels
Nature Center and Rancho San Antonio County Park Restrooms (R-23-61)
General Manager’s Recommendations:
1. Authorize the General Manager to execute an initial one-year term contract with Del Rey
Building Maintenance in the amount of $160,810 to provide custodial services for the
Administrative Office, Skyline Field Office, South Area Office, Coastal Area Outpost,
Foothills Field Office, Daniels Nature Center, and Rancho San Antonio County Park
Restrooms.
2. Authorize the General Manager to extend the contract with Del Rey Building Maintenance
for up to three additional one-year terms for a cost reflecting the original base price with a
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5% maximum annual inflationary adjustment, for a not-to-exceed four-year contract amount
of $693,111.
3. Authorize a contingency in the amount of $5,000 per year to address unforeseen cleaning
services, for a total not-to-exceed contingency amount of $20,000 over four years, and a
grand total not-to-exceed contract amount of $713,111 over the four-year term.
4. Award of Contract to Complete the White Barn Structural Stabilization Project in
La Honda Creek Open Space Preserve (R-23-62)
General Manager’s Recommendations:
1. Authorize an award of contract to SAE Consulting Engineering of San Jose, CA for a not-to-
exceed base contract amount of $341,780.
2. Authorize to award of a Bid Alternate in the amount of $23,950 for the replacement of the
existing metal roofing, bringing the base contract amount to $365,730.
3. Authorize a contingency of 10% in the amount of $36,573 to be reserved for unanticipated
issues, bringing the total not-to-exceed contract to $402,303.
5. Authorization to Contribute a $1.5 Million Payment from Fiscal Year 2022-2023
Budget Savings to the Section 115 Trust Administered by Public Agency Retirement
Services (PARS) (R-23-63)
General Manager’s Recommendation: Authorize the General Manager to deposit $1.5 Million
into the Midpeninsula Regional Open Space District’s PARS account established under a Section
115 Trust to pre-fund pension obligations.
6. Contract Amendment for Temporary Administrative Staffing Services in the
Budget and Finance Department to address Vacancies (R-23-64)
General Manager’s Recommendation: Authorize the General Manager to amend a professional
services contract with Robert Half International Inc., increasing the contract amount by $150,000
and extending the contract to December 31, 2024, for a total amount not to exceed $200,000, for
temporary administrative staffing services in the Budget and Finance Department to address
vacancies while new recruitments are underway.
BOARD BUSINESS
7. Controller’s Report on the Proposed Fiscal Year 2023-24 Budget (R-23-65)
Controller Mike Foster provided the presentation and compared the current forecast of fiscal
2022-23 revenues and expenditures to the projections for the proposed FY23-24 budget. Mr.
Foster stated that total 2022-23 estimated general fund tax revenue is 8.8% above that of the
prior year. The general fund ran below budget, with operating expenses (Opex) and non-facilities
general fund capital spending (Capex) estimated at 90% and 34% of the original budgets,
respectively. The projection assumes that the District will utilize $1.0 million of this under-
spending to make another pension pre-payment to the PARS account. Non-land Measure AA
(MAA) Capex is running below 50% of budget due to permitting delays, staff vacancies, and the
fact that storm damage repair has taken priority in the second half of the year. Mr. Foster
reported that his calculations indicate that there is $10 to $11M to spend on MAA projects and
expects that the FOSM will address the staffing issue in order to expedite work on the Measure
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AA projects. The Cloverdale and South Cowell acquisitions will drive 2022-2023 MAA land
purchases to over $17 million, $9.9 million of which is covered by grant income. Mr. Foster then
continued to provide his FY2023-24 cash projection and 30-year cash flow projection.
Director Riffle commented that the only concerning item he heard from the Controller is the
underspending of available funds; and while he supports making sure that taxpayer money is
spent wisely, the District should consider what barriers to addressed in order to accomplish more.
General Manager Ana Ruiz stated that the District is addressing this issue in a variety of ways,
but the most effective way is through the staffing projections that the FOSM consultants will
have, early recommendations of which are anticipated in the September timeframe. Master and
programmatic permits as well as efforts to streamline procedures are additional ways that staff
are addressing this issue. Nevertheless, the District will require additional staffing in order to
complete more projects. Ms. Ruiz stated that the FOSM consultants are looking at the Measure
AA progress and projecting what the District can do with the existing staff and how many more
staff we need to meet all the commitments that were set out.
Director Cyr thanked Mr. Foster for the thorough analysis and for his 30-year cash flow
projections.
Director Kersteen-Tucker inquired if there are funds available for the possibility of an
unforeseen event, such as the storm damage from this year.
Mr. Foster stated that the District does have reserves for unexpected events and in the case of the
storm damage, staff is expecting to receive 50 to 70% funding from FEMA.
Director Kishimoto expressed her appreciation to Mr. Foster for the Controller’s Report and that
it is a model of clarity.
Public comment opened at 7:40 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 7:40 p.m.
Director Riffle inquired and received information on how closely the Capital Improvement
Action Plan (CIAP) budget and projections tie into the Controller’s numbers and how the District
can use the financial leeway the Controller seems to provide to avoid being too conservative in
planning the three-year workplan.
Director Kersteen-Tucker suggested that it would be beneficial to reassess the FOSM after 5
years to confirm the projections or whether greater flexibility is required.
Motion: Director Cyr moved, and Director Riffle seconded the motion to accept the Controller’s
Report on the Fiscal Year 2023-24 Budget.
ROLL CALL VOTE: 6-0-0 (Director Holman absent)
8. Fiscal Year 2023-24 Budget and Capital Improvement and Action Plan (R-23-66)
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Chief Financial Officer and Director of Administrative Services Stefan Jaskulak provided the
staff presentation and reviewed the proposed FY24 budget across the five funds. Mr. Jaskulak
stated that the Board has two resolutions for consideration: one is to adopt the proposed budget
and the proposed 3-year CIAP for FY24-26, with the total budget for the five funds at $82.8M,
and the second for the adoption of the Classification and Compensation Plan, which includes a
3% salary adjustment for classifications that pertain to the Field Employees Association and the
Office Supervisory and Management employees.
Public comment opened at 7:52 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 7:52 p.m.
Motion: Director Riffle moved, and Director Gleason seconded the motion to adopt a Resolution
approving the Fiscal Year 2023-24 Budget and Capital Improvement and Action Plan and to
adopt a Resolution approving the Classification and Compensation Plan for Fiscal Year 2023-24.
ROLL CALL VOTE: 6-0-0 (Director Holman absent)
9. 2022 Greenhouse Gas Inventory Report and Next Steps for the Climate Change
Program (R-23-68)
Management Analyst I Sophie Christel presented the staff presentation and reported first on the
Climate Action Plan (CAP) that was approved by the Board in 2018, which defines the scope of
the District’s greenhouse gas inventory and provides a list of emissions reduction actions. The
CAP also enunciates the goals for reducing administrative emissions set by the Climate Change
Policy, and the CAP is the tool that helps reach those goals, which are set in relation to a 2016
baseline. The CAP calls for a 20% reduction by 2022, 40% by 2020, 80% by 2050 compared to
baseline levels and staff measures the progress against these goals using a biannual greenhouse
gas inventory. Ms. Christel stated that the inventory looks at four different sectors and the
administrative emissions and the sectors common to local government inventories are fleet,
employee commutes, facilities, and residences. The District also has non-administrative
emissions that are measured but are not held to those percentage reduction goals. The District
nonetheless aims to reduce these non-administrative emissions, which relate to visitor
transportation and livestock emissions.
Ms. Christel continued to go over the 2022 Greenhouse Gas Inventory, giving an overview of the
inventory and progress. She indicated that the 2022 objective of 20% was exceeded, and the
District achieved a 30% reduction below the baseline by the end of 2022. Ms. Christel provided
an emissions summary of each of the four sectors within the administrative admissions, reviewed
the CAP for FY24, noting that the majority of the action items are fleet-related because the fleet
accounts for half of the District's administrative emissions, and reducing a significant portion of
those emissions will help the District meet its goals. She then highlighted the non-administrative
emissions.
Ms. Christel then presented an overview of the Climate Program Outlook, contextualizing the
District's emissions. Overall, the District's emissions are fairly low; however, this is not to say
that the District should not strive to reduce them further because every bit helps. She provided
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an overview of the adaptation and resilience projects and carbon sequestration and storage
projects already going underway. Finally, she highlighted the next steps for creating a broader
strategy similar to the CAP, where staff would identify and prioritize existing work and describe
its potential nexus with climate change across the District.
Director Riffle thanked Ms. Christel for the excellent report and appreciates her passion and
exuberance for the program.
Director Riffle inquired and received information on how the District be able to achieve 80%
emissions reduction by 2050 and requested that staff begin to think about how to achieve the
reductions by considering some unconventional techniques to achieve the goals in the future.
Director Riffle stated that he believes constituents will begin to see District lands as more than
just a place to go hiking and observe wildlife, but also as a solution to its carbon equation, and
inquired how staff can inform the public about all of the work being done for carbon
sequestration to let the public understand that this is yet another benefit of the investment they
are making with the District.
Ms. Christel indicated that she hopes to develop a strategic plan and set quantifiable goals for
carbon sequestration and adaptation resilience. By setting goals, staff can hold themselves
accountable and demonstrate the impact of the work being done.
Director Gleason acknowledged his gratitude for the presentation and an extremely interesting
report and thanked Ms. Christel for her work in reducing emissions.
Director Gleason inquired and received information on the biggest opportunities for the District
in partnering with other agencies that have similar land to spread the reach of the District’s
efforts to reduce emissions.
Public comment opened at 8:27 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 8:27 p.m.
No Board Action Required.
10. Closure of Completed Measure AA Portfolios #18 South Bay Foothills: Saratoga-to-
the-Sea Trail and Wildlife Corridor and #23 Sierra Azul: Mt. Umunhum Public Access and
Interpretation Projects and Reallocation of Remaining Portfolio Funds to Portfolio #03
Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation
Grazing (R-23-67)
Mr. Jaskulak reviewed the staff presentation and provided a description of the Closure of
Completed Measure AA Portfolios #18 South Bay Foothills: Saratoga-to-the-Sea Trail and
Wildlife Corridor and #23 Sierra Azul: Mt. Umunhum Public Access and Interpretation Projects
and Reallocation of Remaining Portfolio Funds to Portfolio #03 Purisima Creek Redwoods:
Purisima-to-Sea Trail, Watershed Protection and Conservation Grazing. Mr. Jaskulak provided
a map and identified where the three portfolios are located and stated there are no outstanding or
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future planned actions or projects needed for MAA Portfolios #18 and #23. All priority actions
for both portfolios are complete and a combined total of almost $6.4M remains that can be
reallocated to Portfolio #03. Staff is proposing, per Board Policy 3.11, to reallocate the funds to
Portfolio #03. Mr. Jaskulak reported that this proposal was presented to the Action Plan and
Budget Committee on May 16, 2023 for their concurrence, who voted unanimously in favor of
reallocating the funds. The proposal was also presented to the Bond Oversight Committee on
June 16, 2023 for their opinion and who also voted in favor.
Mr. Jaskulak reviewed the priority actions and budget for Portfolios #18 and #23. In addition, he
reviewed the action plan for Portfolio #03. The proposed reallocation of $6.4M would reduce
the funding gap to about $1.3M. With the proposed reallocation, the combined total for Portfolio
#03 would be almost $14M. Staff would continue to seek outside grant funds to fill the
remaining funding gap.
Public comment opened at 8:38 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 8:38 p.m.
Motion: Director MacNiven moved, and Director Cyr seconded the motion by a 2/3 Majority
Vote of the Directors to adopt a Resolution amending the Expenditure Plan for Measure AA as
follows:
• Reduce the funding allocation of Portfolio #18 South Bay Foothills: Saratoga-to-the-Sea
Trail and Wildlife Corridor from $1,365,000 to $1,164,189;
• Reduce the funding allocation of Portfolio #23 Sierra Azul: Mt. Umunhum Public Access
and Interpretation Projects from $27,972,000 to $21,814,891; and
• Reallocate the remaining funds totaling $6,357,920 in Portfolios #18 and #23 to increase
the funding allocation of Portfolio #03 Purisima Creek Redwoods: Purisima-to-Sea
Trail, Watershed Protection and Conservation Grazing from $7,608,000 to $13,965,920.
ROLL CALL VOTE: 6-0-0 (Director Holman absent)
INFORMATIONAL REPORTS
A. Committee Reports
Director MacNiven reported a Legislative, Funding, and Public Affairs Committee meeting was
held on June 13, 2023 to review the process for incorporating the Coastside Protection Area into
the Basic Policy, which will next go before full board for review and consideration.
Director Riffle reported that the Board Appointee Evaluation (BAE) Committee consists of
himself as the Chair, President Kishimoto, and Director MacNiven. The BAE met today to
review the policy and schedule for this year and will proceed in the same manner as last year.
Director Riffle thanked the District Clerk and the Human Resources Department for their
assistance with the BAE not only today but also ongoing since the board appointee evaluation is
about a five-month process.
B. Staff Reports
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Mr. Jaskulak provided an update on the FOSM refresh project and stated that the project is on
track for initial recommendations to the Board by September.
Mr. Malone reported that as of June 1, 2023 the District has successfully transitioned to a new
operator for the Bear Creek Stables, and Chapparal is now the new operator. Mr. Malone thanked
field staff, including Omar Smith, Brandon Stewart, Hilary Stevenson, Egan Hill, as well as the
Engineering and Construction Department. Mr. Malone remarked that the District has attained a
significant milestone.
General Manager Ruiz reported that fifteen staff members graduated on May 31 from the
District’s internal Leadership Academy. Staff has also held two site tours of the Alpine Bypass
Trail for the Board and thanked Capital Projects Field Manager Bryan Apple, Maintenance
Supervisor Eric Viik, and field staff who were actively constructing the trail and finishing the
work for this year. Lastly, she reported that she along with President Kishimoto attended the
Santa Clara LAFCO 60th year anniversary.
Public Affairs Manager Kori Skinner reported that NBC will be rerunning the District’s 50 to
forever documentary on July 2 at 8p.m.
C. Director Reports
Director Cyr reported he attended the Leadership Academy and the Alpine Bypass Trail tour. He
conveyed his gratitude to the trail crew. Director Cyr reported that he would be attending the
Special Parks District Forum from June 19-23, 2023. Lastly, he added that he met Human
Resources Intern Bryana Kohn and was impressed with her vivacity and enthusiasm for working
at the District, and that she is an example of the type of intern that the District can attract.
Director MacNiven reported she is a member of the Santa Cruz Mountain Spotlight Stewardship
program, and that they visited Corte de Madera, in which she learned about wildlife resiliency
and forest health. In addition, she and Director Kersteen-Tucker, as well as Governmental
Affairs Specialist Josh Hugg presented before the Woodside Town Council. Director MacNiven
reported she attended the Alpine Bypass Trail tour and the District’s Leadership Academy
graduation. Finally, she reported that the Hawthorn Public Access Working Group Ad hoc
committee met today.
Director Riffle reported he attended the District’s fifth Leadership Academy graduation, as well
as tabling at the Sunnyvale’s Arts and Wine festival, and that he was grateful for having the
opportunity to interact with residents of Sunnyvale, which is now included as part of his ward.
He also attended the Alpine Bypass Trail tour and enjoyed meeting staff that he does not get to
see frequently, adding that it was a great opportunity to observe their passion, talent, and how
hard they work. Lastly, he reported that he will be tabling at the Ranch San Antonio Open Space
Preserve this Saturday about the negative impacts of rodenticide.
Director Kersteen-Tucker reported that the Woodside Town Council presentation on June 13,
2023 went well and that the Mayor of Woodside stated that he would like to be part of the Bay to
the Sea trail planning efforts should the trail find its way through Woodside.
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Director Gleason reported that on Memorial Day, he attended a docent-led hike on Monte Bello,
and on June 1 at the District's headquarters, he attended the Pride flag raising and praised
employees for organizing and carrying out the event, as well as the previous board for their
approvals. In addition, he participated in an event for National Trails Day where the Santa Cruz
Mountains Trail Stewardship organized 19 events with several land managers and drew over 600
volunteers to that event. He also attended the Alpine Bypass Trail tour and expressed his
gratitude to Capital Projects Field Manager Bryan Apple, Land & Facilities Manager Brandon
Stewart, Maintenance Supervisor Erik Viik, and the trail crew for their efforts. Lastly, he
reported that people at the Stables are delighted to see the operator transition occur and thanked
all staff involved, especially Senior Property Management Specialist Omar Smith.
President Kishimoto said that today's brown bag lunch was hosted in the District's office, and
Real Property Manager Mike Williams invited Vida Verde to speak, which was a fantastic
presentation. She also attended the LAFCO 60th year anniversary luncheon, which was followed
by a LAFCO meeting, as well as a Bay Conservation and Development Commission meeting on
June 1. She also reported that she will be making a presentation to Los Altos Hills on June 17
with Governmental Affairs Specialist Josh Hugg.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 8:55 p.m.
Maria Soria, MMC
District Clerk