HomeMy Public PortalAbout20240327 - Minutes - Board of Directors (BOD)
March 27, 2024
Board Meeting 24-08
* Approved by the Board of Directors on April 10, 2024.
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, March 27, 2024
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 MacNiven called the special meeting of the Midpeninsula Regional Open Space
District to order at 5:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Craig Gleason, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Margaret MacNiven, Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, District
Clerk/Assistant to the General Manager Maria Soria, Executive
Assistant/Deputy District Clerk Shaylynn Nelson, Real Property Manager
Allen Ishibashi, Senior Planner Jared Hart, and Planner III Aaron Peth
President MacNiven announced this meeting is being held in person at the District’s
Administrative Office, and by teleconference. 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 REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Santa Clara County APN(s): 544-03-001, 544-06-001 and 544-06-002
Agency Negotiator: Allen Ishibashi, Real Property Manager
Negotiating Party: Scott Hoffman, San Jose Water Company
Under Negotiation: Easement and Purchase Terms
Public comment opened at 5:30 p.m.
District Clerk Maria Soria reported no public comments were submitted for the closed session.
Meeting 24-08 Page 2
Public comment closed at 5:30 p.m.
The Board convened into closed session.
ADJOURNMENT
President MacNiven adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District meeting at 6:56 p.m.
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
President MacNiven called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:00 p.m.
ROLL CALL
Members Present: Craig Gleason, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto,
Margaret MacNiven, and Curt Riffle
Members Absent: Jed Cyr
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer/Director of Administrative Services Stefan Jaskulak,
Assistant General Manager Brian Malone, District Clerk/Assistant to the
General Manager Maria Soria, Executive Assistant/Deputy District Clerk
Shaylynn Nelson, Information Systems & Technology Manager Casey
Hiatt, and GIS Program Administrator Jamie Hawk
President MacNiven announced this meeting is being held in person at the District’s
Administrative Office, and by teleconference. This information can be found on the meeting
agenda, which was physically posted at the District’s Administrative Office, and on the District
website.
REPORT OUT OF CLOSED SESSION
President MacNiven reported the Board met in closed session, and no reportable action was
taken.
ORAL COMMUNICATIONS
Public comment opened at 7:01 p.m.
District Clerk Maria Soria reported there were no public speakers for this item.
Public comment closed at 7:01 p.m.
ADOPTION OF AGENDA
Meeting 24-08 Page 3
Motion: Director Kishimoto moved, and Director Holman seconded the motion to adopt the
agenda.
ROLL CALL VOTE: 6-0-0 (Director Cyr absent)
CONSENT CALENDAR
Director Kersteen-Tucker inquired if staff had considered leashed dog access to the loop trail on
consent calendar item 5.
Planning Manager Jane Mark explained further conversations with the tenant are required for
dog on leash access because there is a grazing operation onsite. The Board will have an
opportunity to discuss the proposed trail uses when staff present the comprehensive use and
management plan to the Board.
General Manager Ana Ruiz inquired if the decision would come before the Board as part of the
project description for the California Environment Quality Act (CEQA).
Ms. Mark confirmed it would be part of the proposed project description for environmental
review before the environmental review phase begins.
Director Cyr joined the meeting at 7:04 p.m.
Public comment opened at 7:06 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 7:06 p.m.
Motion: Director Riffle moved, and Director Gleason seconded the motion to approve the
Consent Calendar.
ROLL CALL VOTE: 7-0-0
1. Approve the March 6, 2024 and March 13, 2024 Board meeting minutes
2. Approve Claims Report
3. Report from the Bond Oversight Committee to the Board of Directors for the
review period from July 1, 2022 to June 30, 2023
Bond Oversight Committee’s Recommendation: The Bond Oversight Committee
recommends that the Board of Directors accept this report.
4. Award of Contract for Detail Design and Engineering Services for the Highway 35
Multi-use Trail Crossing and Parking Area Project at Purisima Creek Redwoods
Open Space Preserve (R-24-36)
Meeting 24-08 Page 4
General Manager’s Recommendations:
1. Award a contract to CSW/ST2 of Redwood City, California, to complete the design,
engineering, permitting, and construction administration for the Highway 35 Multiuse
Trail Crossing and Parking Area Project for a not-to-exceed base contract amount of
$331,204.
2. Authorize a 15% contingency of $49,681 to cover unforeseen tasks beyond the
current scope.
3. Authorize a separate contract allowance of $30,000 for additional traffic design,
engineering, and permitting services that may be required after reaching 35% design
plans to avoid potential implementation delays, bringing the total not-to-exceed
contract amount to $410,885.
5. Award of Contract with MIG, Inc., to provide biological/cultural and permitting
services and mitigation planning for the Purisima-to-the-Sea Trail Project (R-24-37)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a contract with MIG, Inc., to provide
consulting services in support of the Purisima-to-the-Sea Trail project for a base
amount not to exceed $78,947.
2. Authorize a 15% contingency of $11,842 to cover unforeseen conditions, for a total
contract amount not-to-exceed $90,789.
6. Award of Contract to Complete Repairs to a Ranger Residence in Sierra Azul Open
Space Preserve (R-24-38)
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 $575,000.
2. Authorize a contingency of 15% in the amount of $86,250 to be reserved for
unanticipated issues, bringing the total not-to-exceed contract to $661,250.
7. Award of Contract for Botanical Survey Services at Purisima Creek Redwoods
Open Space Preserve (R-24-39)
General Manager’s Recommendations:
1. Authorize the General Manager to execute a contract with AECOM Technical
Services, Inc., of Oakland, California to provide botanical survey services to inform
future actions in support of the Conservation Grazing Program for a base amount not
to exceed $90,144.
2. Authorize a 15% contingency of $13,522 to cover unforeseen issues, for a total
contract amount not-to-exceed $103,666.
8. Award of Contract for Marbled Murrelet Habitat Assessment and Breeding
Surveys for the Long Ridge Forest Health Project (R-24-40)
General Manager’s Recommendations:
1. Authorize the General Manager to execute a contract with Nomad Ecology, LLC to
complete a marbled murrelet habitat assessment and breeding surveys in Long Ridge
Open Space Preserve, for a base contract amount not-to-exceed $83,101.
Meeting 24-08 Page 5
2. Authorize a separate contract allowance of $39,918 to complete breeding surveys, if
needed, bringing the not-to-exceed contract amount to $123,019.
BOARD BUSINESS
9. First Reading of the Board Compensation Ordinance (R-24-41)
General Counsel Hilary Stevenson provided the staff presentation on the Board Compensation
Ordinance. She described the history of Board compensation and outlined the regulations and
procedures required for this item.
Director Riffle inquired whether Board compensation is presented to the Board annually or every
other year and noted that last year the Board adopted a two-year increase.
Ms. Stevenson explained the Board can receive a maximum 5% increase each year but the Board
has discretion in how frequently the increase is enacted. Increases can be brought before the
Board every two years with a maximum 10% increase or every year for a 5% increase. She
welcomed Board input on how frequently they would like to consider compensation increases.
She suggested the Board could discuss whether to proceed with an increase for the year at the
annual January meeting under the compensable meeting agenda item.
Director Cyr suggested adopting an increase on an annual basis.
Director Gleason inquired if prior board members had considered taking the lower amount
between a 5% increase and an increase based on inflation or cost of living.
Ms. Stevenson confirmed that is a policy option.
Director Gleason suggested it would be appropriate for Board compensation to increase at a
lower rate if staff compensation is increasing at a lower rate.
Director Riffle shared he was sensitive to the same concern but was under the impression the
Board was far behind on increases. He suggested looking at other agencies to see their
compensation.
Director Gleason remarked it appeared Board pay is variable across the region, with East Bay
Parks being similar to the Board’s compensation and other Boards being paid more.
Ms. Stevenson explained that increasing the compensation can make it possible for a broader
sector of the population to participate in an elected office. She noted distance, fuel costs, and
childcare expenses can present barriers to people who may otherwise seek office. She explained
that statutory requirements can vary across agencies but the District’s Board is on the lower end
of the compensation scale.
Public hearing opened at 7:17 p.m.
Ms. Soria reported there were no public speakers for this item.
Public hearing closed at 7:17 p.m.
Meeting 24-08 Page 6
Director Kishimoto agreed that the Board needs to catch up on pay but it makes sense to agree on
the COLA amount and adopt an increase every year.
Director Holman appreciated the comment from Ms. Stevenson that higher Board compensation
encourages the public to run for office. She concurred that the Board should determine a
compensation baseline and increase compensation annually.
Director Riffle noted that there are two decisions: how often to consider increases and the
guideline for how much. He agreed the Board should discuss compensation increases annually.
He expressed an inclination towards increases consistent with staff COLAs but noted his travel
expenses are minimal and he would be supportive if his colleagues wanted a higher increase to
offset expenses.
Director Kersteen-Tucker appreciated the idea of considering increases on an annual basis. She is
mindful that future coastside directors who may have young families would benefit from a higher
stipend to mitigate travel costs.
Director Holman stated that directors who travel a greater distance should have higher
consideration granted to them. She remarked that there are also childcare expense considerations
in addition to time and commute costs.
Ms. Ruiz reminded the Board that there is a limit of 6 compensable meetings per month and
there are months with meetings in excess of 6 which the Board does not receive compensation.
Director Cyr commented that the base compensation had been upgraded three years ago but the
last compensation increase before that had been in the 1980s. He also noted that the Board
spends significant time reading and the job does not consist solely of attending meetings. He is
supportive of an annual compensation review because it gives the Board an opportunity to reflect
on changes that occurred throughout the year which may influence the Board’s decision.
Director Gleason expressed a preference for the Board increase being indexed to a cost-of-living
adjustment. He is sensitive to the concern of getting a younger, more diverse set of directors on
the Board but suggested there are more significant barriers to aspiring directors which an
increased stipend would not resolve, such as balancing a day job with Board obligations.
Director Holman suggested the President appoint an ad hoc committee to review what other
agencies do.
President MacNiven inquired if there is any Board interest to participate in an ad hoc committee.
Ms. Stevenson requested clarification on what the ad hoc committee would consider. She
alternatively suggested staff could present the Board with more information on compensation
from different agencies. She noted the complexity of State law but could provide additional data
on compensation ranges for special districts.
Director Holman said she is open to receiving more information instead of forming an ad hoc
committee since they do take staff time.
Meeting 24-08 Page 7
Ms. Ruiz noted that inflation has increased by 150 % since 2019 and inquired if the Board is
considering a catch-up.
President MacNiven inquired what the cost-of-living increase is this year.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak said the Consumer
Price Index (CPI) for the area in February is 2.4%.
Ms. Stevenson noted that the Board is capped at 5%.
President MacNiven suggested moving forward with 5%. She expressed appreciation for
Director Riffle’s and Director Gleason’s comments about not exceeding staff.
Director Riffle expressed an inclination towards a 5% increase since the Board is catching up on
pay. He suggested having this type of discussion every year in January to evaluate if more data is
needed before accepting a 5% increase.
Director Kersteen-Tucker is also in support of a 5% increase but suggested having comparable
information (comps) presented to the Board during future discussions. She is curious what other
special districts do to attract board members who have a lengthy commute from their jurisdiction
to the administrative offices.
Director Riffle expressed interest in the number of compensable meetings available to other
districts.
Ms. Stevenson shared that East Bay Parks is compensated for 10 meetings per month. Staff could
consult with the District’s lobbyist to pursue a legislative initiative to increase the number of
compensable meetings and there may be opportunities in the next few years to increase the limit
of compensable meetings through the enabling legislation.
Director Cyr supported considering compensation on an annual basis because circumstances
change.
Director Kishimoto suggested referring this matter to a committee to consider whether the Board
should consider the annual COLA, a 5% increase, or whichever is less. She is comfortable with
adopting 5% this year but would like to consider the annual COLA as given to staff to be
included in the staff report in the future.
Ms. Stevenson explained that staff increases are negotiated as part of multi-year labor contracts.
Every few years the District does look at the CPI but what staff is receiving is negotiated ahead
of time so the numbers will be different.
Director Gleason suggested focusing a broader conversation on how to diversify the Board rather
than solely focusing on how much the Board should be compensated.
Ms. Stevenson said the second reading is essentially the adoption and is not an appropriate
opportunity to make changes. The Board can either direct staff to bring back the ordinance with a
specific number in it or not bring it back and proceed with a different course of action.
Meeting 24-08 Page 8
President Kishimoto moved to adopt the General Manager’s recommendation as presented with
the additional direction to authorize the President to adopt an Ad Hoc Board Committee to
consider a more general policy to guide future discussions.
President MacNiven inquired if staff provides the Board the comps information would that
suffice rather than forming an ad hoc committee.
Director Kishimoto explained there are various approaches to consider, including how to
diversify the Board and whether to accept COLAs.
Director Cyr appreciated hearing the subtleties in each Director’s perspective and prefers to
deliberate as the full Board.
Ms. Ruiz suggested the Board wait until next year to consider the formation of an ad-hoc
committee after reviewing the information staff provides for the first reading in the first report.
The Board can then decide if an ad hoc committee would be helpful after receiving additional
context.
Director Kishimoto withdrew her amended motion.
Director Kersteen-Tucker suggested agendizing this item next year with the understanding there
will be a broader discussion regarding barriers to office and compensation.
Motion: Director Holman moved, and Director Riffle seconded the amended motion to:
1. Waive reading and introduce an ordinance increasing Board compensation from $115.50
to $121.28 per meeting day, pursuant to Public Resources Code section 5536.
2. Hold a public hearing on the proposed ordinance.
3. Direct the General Manager and General Counsel to prepare the ordinance for second
reading/adoption at the April 10, 2024 Board meeting.
4. Direct staff to return next January for a broader discussion on the array of considerations,
including baselines and whether to adjust compensation annually.
ROLL CALL VOTE: 7-0-0
10. Informational Presentation on the Geographic Information System (GIS) Strategic
Plan Project (R-24-42)
Information Systems and Technology (IST) Manager Casey Hiatt introduced the staff
presentation. She explained the District is wrapping up the needs assessment and public
engagement portions of the Geographic Information Systems (GIS) Strategic Plan. She shared
that GIS just received two awards, a Special Achievement award in GIS from ESRI and an
award from California State Parks for the trail information application. She explained while the
District is automating processes and creating innovative tools, the backend infrastructure and
database maintenance continues to grow.
GIS Program Administrator Jamie Hawk provided the staff presentation for the District’s GIS
Strategic Plan Project. The District is conducting a needs assessment and developing a three-year
strategic plan for the District’s GIS program to evaluate current GIS technology utilization at the
District, gather needs of stakeholders, and make recommendations to improve the GIS program.
Meeting 24-08 Page 9
Geographic Technologies Group CEO David Holdstock explained the three phases to the
strategic plan, with phase one being data collection, phase two system design, and phase three an
implementation plan. There is a maturation phase and the District is in the strategic stage of
maturity.
Ms. Hawk continued the presentation by reviewing the mapping resources that the District
currently provides to the community, the external stakeholder engagement strategy, and initial
findings.
Director Gleason shared his interest in technology and said he frequently recommends the
Avenza maps.
Director Riffle advocated for more education of the technology GIS has made available so the
public can take full advantage.
Director Kishimoto shared ideas such as integrating with iNaturalist, tools which explain the
geology of an area, and a way to convey the carbon and water cycles and the role District
preserves play in that process.
Director Holman suggested an interactive program where you can click on a particular location
and learn facts about the area.
Director Cyr expressed appreciation for the GIS team’s efforts, including keeping up with the
changing technology with a positive attitude.
President MacNiven expressed interest in the idea of seeing different landscapes all on a map,
ranging from riparian to redwood forests and grasslands.
Ms. Hiatt informed the Board that GIS would return in the summer to present results.
Public comment opened at 8:22 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 8:22 p.m.
No Board action required.
INFORMATIONAL REPORTS
A. Committee Reports
President MacNiven provided an update of the March 21 Basic Policy Ad Hoc Committee.
Director Riffle explained the ad hoc did not revise the Basic Policy but rather incorporated the
Coastal Service Plan into the Basic Policy.
Meeting 24-08 Page 10
President MacNiven provided an update of the March 24 Hawthorns PAWG Ad Hoc Committee
meeting.
B. Staff Reports
General Manager Ana Ruiz reported that she hosted Senator Becker at the Administrative office
and provided a brief tour of the building. On March 19, staff went to Sacramento to meet with
legislative aides of five different legislators to discuss the climate bond. Staff also meet with the
California Natural Resources Agency with East Bay Regional Parks District to discuss
opportunities for streamlining permits. On Wednesday, March 20, the State of the District was
held. Today she participated in an advisory council with California Department of Parks and
Recreation on their 2026 statewide, comprehensive outdoor recreation plan which will guide
future grant priorities.
Mr. Jaskulak shared the District is gearing up to issue the third tranche for Measure AA bonds.
The President, Treasurer and Secretary have already signed the signature sheets. There will be a
lot of documentation coming to the Board for review in April or May. Rating presentations will
also occur in May. The District received confirmation that all outstanding bonds have AAA
ratings and there is no reason to suspect the District will not receive AAA ratings for the
upcoming bond.
Director Riffle inquired if Mr. Jaskulak observed any notable differences from the Bond
Oversight Committee this year.
Mr. Jaskulak stated that the Committee provided good feedback on how to present Measure AA
information on the District website. The Committee was not able to partake on the annual tour
due to weather and will be taking a tour in May. He shared the Committee gets better every year
and the communication and public interaction is positive.
C. Director Reports
Director Gleason reported that he attended the State of the District. He applauded the Volunteer
Coordinators and Volunteers for their efforts removing yellow star thistle at St. Joseph’s Hill.
Director Kersteen-Tucker shared last Friday she and President MacNiven attended the Farm Day
Half Moon Bay luncheon. She passed along compliments and gratitude to the District from the
Executive Director of the Half Moon Bay Boys and Girls Club who received a micro-grant from
the District, enabling the kids to visit Purisima Creek with a ranger who created a positive
experience.
Director Cyr also attended the State of the District and appreciated seeing staff together.
Director Kishimoto also attended the State of the District and attended the California Council of
Land Trusts in Sacramento.
Director Holman shared she and Director Kishimoto attended on Wednesday the Palo Alto
Women’s Club lunch. She shared the District’s docent, Sabra Abraham did a wonderful job
presenting.
Meeting 24-08 Page 11
ADJOURNMENT
President MacNiven adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District meeting at 8:41 p.m.
Shaylynn Nelson
Deputy District Clerk