HomeMy Public PortalAbout20240410 - Minutes - Board of Directors (BOD)
April 10, 2024
Board Meeting 24-09
* Approved by the Board of Directors on April 24, 2024.
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, April 10, 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 6:00 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: Assistant General Counsel II Egan Hill, Controller Michael Foster,
Assistant General Manager Brian Malone, District Clerk/Assistant to the
General Manager Maria Soria, Executive Assistant/Deputy District Clerk
Loana Lumina-Hsu
President MacNiven announced that 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: Controller
Public comment opened at 6:01 p.m.
District Clerk Maria Soria reported no public comments were submitted for the closed session.
Public comment closed at 6:01 p.m.
Meeting 24-09 Page 2
The Board convened into closed session.
Director Holman joined the meeting at 6:09 p.m.
ADJOURNMENT
President MacNiven adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:02 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 7:05 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: Assistant General Counsel II Egan Hill, 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, Executive
Assistant/Deputy District Clerk Loana Lumina-Hsu, Land and Facilities
Manager Brandon Stewart, Open Space Technician Marcus Middleton,
and Capital Project Manager III Ivana Yeung
President MacNiven announced that 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.
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 7:06 p.m.
District Clerk Maria Soria reported there were no public speakers for this item.
Public comment closed at 7:06 p.m.
ADOPTION OF AGENDA
Meeting 24-09 Page 3
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
SPECIAL ORDERS OF THE DAY
Introduction of Staff
• Marcus Middleton, Open Space Technician
CONSENT CALENDAR
Public comment opened at 7:11 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 7:11 p.m.
President MacNiven commented on agenda item #3 regarding the proposed purchase of 59.28
acres in San Mateo County, near La Honda on 84, which includes second-growth redwood forest
and congratulated staff on the project, emphasizing its significance for preserving redwood
forests and salmon habitat.
Motion: Director Kersteen-Tucker moved, and Director Riffle seconded the motion to approve
the Consent Calendar.
ROLL CALL VOTE: 7-0-0
1. Approve the March 17, 2024 Board meeting minutes
2. Approve Claims Report
3. Proposed Purchase of the 59.28-acre Fifths Property located in San Mateo County
(APN:083-351-010) as an addition to La Honda Creek Open Space Preserve (R-24-
43)
Staff Contact: Aaron Peth, Real Property Planner, Real Property Department
General Manager’s Recommendation:
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 the Fifths Property for $1,000,000
with a corresponding authorization for a Fiscal Year 2023-24 budget adjustment of
the same amount.
3. Adopt a Preliminary Use and Management Plan, as set out in the staff report.
4. Withhold dedication of the Fifths Property as public open space at this time.
4. Award of Contract with Questa Engineering Corporation for Engineering and
Design Services for the Guadalupe Creek Crossing Replacement Project in Sierra
Azul Open Space Preserve (R-24-44)
Meeting 24-09 Page 4
Staff Contact: Paul Kvam, Senior Capital Project Manager, Engineering and Construction
Department
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year professional services
contract with Questa Engineering Corporation to complete the design, engineering,
and local agency permitting for the Guadalupe Creek Crossing Replacement Project
for a base contract amount not-to-exceed $149,880.
2. Authorize a 10% contingency of $14,988 to be reserved for unanticipated issues,
bringing the total not-to-exceed contract amount to $164,868.
5. Second Reading and Adoption of the Board Compensation Ordinance (R-24-45)
Staff Contact: Ana Ruiz, General Manager, Office of the General Manager
General Manager’s Recommendation:
1. Waive reading and adopt Ordinance 24-01 increasing Board compensation from
$115.50 to $121.28 per meeting pursuant to Public Resources Code section 5536.
2. Amend Board Policy 6.06 to reflect the increase in compensation resulting from the
Board compensation ordinance.
BOARD BUSINESS
6. Status Report and Disposition Direction for Unoccupied Structures (R-24-46)
Assistant General Manager Brian Malone presented the staff presentation on the status report and
disposition direction for Unoccupied Structures. Mr. Malone provided background information
stating that there are 415 structures, ranging from small pump houses to garages, sheds,
communication sites, and paddocks. Additionally, there are unique structures such as a worm
farm at Deer Hall Farm. Notably, there are 46 residential units, mostly single-family homes with
a few multi-units for staff and public rentals, alongside four staff offices and field facilities. He
outlined the District's structures management process and maintenance efforts, including a
review of the vacant, unmaintained structures and discussed the process for making disposition
decisions. Additionally, he reviewed each structure individually, providing background
information on each one.
Mr. Malone stated that the proposed recommendation is to proceed with Group 1 demolition,
comprising of six structures: the McKanny House, Meyer House, Apple Orchard Barn, Toto Hay
Barn, Sears Ranch Road Open Air Barn, and Event Center Cow Barn. Pending Board approval if
approved by the Board, the next steps would be to move forward for a planned demolition of the
structures and complete a CEQA evaluation for these structures and return with a proposed
demolition contract for Board consideration of approval. Group 2 involves expediting
disposition decisions for the Landre House and Big Dipper Barn, contingent on historical
significance. Group 3, including the Lobitos Agricultural Barn, October Farms Barn, and
Gordon Ridge Barn, given the results of the Factors to Consider evaluation, these structures are
recommended for further analysis of the four standard disposition options, including cost
estimates. If approved by the Board, the next steps are to return with the information to the
Board for selection of a disposition option for each structure. Group 4 encompasses the Big
Dipper Ranch Barn and Alsberge Barn, these structures are recommended for retention in their
current state based on evaluation results.
Meeting 24-09 Page 5
Director Riffle inquired whether all 415 structures are currently categorized as either maintained
or fitting into a specific category. He expressed concern about structures being left to deteriorate
over time without intervention, emphasizing the need to address this promptly to prevent missed
opportunities for preservation.
Mr. Malone stated that only the structures that meet Board authorization criteria have been
captured.
Director Riffle confirmed that going forward, there will not be any additional structures brought
to the Board for review in the future, and that all structures have been accounted for.
Mr. Malone confirmed that all structures have been accounted for that meet Board authorization
criteria.
Director Riffle inquired as the District acquires new properties, and if there are structures on
those properties will they automatically undergo the same classification process.
Mr. Malone stated that staff will indeed aim to follow this process and emphasized the
importance of clarity regarding the Board's decision at the time of acquisition, acknowledging
that sometimes there may not be enough information, leading to deferral of the decision in the
preliminary use and management plan. However, the goal is to minimize the addition of
structures to the deferred list and make decisions as they arise.
Director Holman expressed that it would be helpful for the Board to receive a comprehensive list
of the 415 structures, including those that are occupied by people or used as rental properties.
She suggested categorizing them by occupancy status to gain a better understanding of the entire
list.
Mr. Malone stated that the primary workload involves actively managed structures, such as the
four offices and 46 residential units. He categorized the other structures as ancillary, including
sheds, paddocks, and garages. He mentioned that he could not vouch for every single one of the
415 structures but assured that the District is actively maintaining all houses and offices as part
of day-to-day operations.
Director Kishimoto suggested that for structures that have value to consider exploring options
such as seeking a partner or partnerships that can assist or retain the structure for potential future
reconsideration.
Mr. Malone pointed out that retaining structures offers flexibility and options, unlike demolition.
He highlighted the uniqueness of the two structures recommended for retention, noting that the
decision itself would influence their future. One is a barn with potential historic value,
suggesting that keeping options open for its future use may be prudent. Conversely, the other is a
modern barn in poor condition with no historical significance, likely not warranting investment
in either demolition or renovation.
Director Holman inquired about partnering with ranchers to maintain barns.
Meeting 24-09 Page 6
Mr. Malone stated that structures actively being used are anticipated to be maintained and
repaired over time. While leases might not cover expensive repairs required for long-term
stability, regular maintenance and oversight of the buildings could be expected from the lessee.
Director Holman clarified that her suggestion was to partner with the rancher to maintain and not
put all the cost of maintaining on the rancher.
Director Holman expressed her concern about the term "disposition" being associated with
elimination or demolition, which she finds troubling. She feels it may stem from an outdated
mindset of disposing of buildings without considering alternatives. She appreciates staff
evaluating buildings, especially during property acquisitions, but struggles with the term's
implications. Furthermore, she emphasized the importance of decisions being made with careful
analysis rather than assuming demolition as the default outcome.
Mr. Malone explained the word choice of disposition is to give Board the decision on how the
structures will be disposed, which does include demolition but may also be to repair and
maintain.
Director Kersteen-Tucker asked whether there is a plan in place for each of the 415 structures,
including those not being discussed at the meeting. She inquired whether the District has already
considered the fate of these structures or if there are still some awaiting decisions.
Mr. Malone confirmed that for all structures over 1,500 square feet, residential or historic, staff
has reviewed them and there is already a disposition option. Either they are in the Capital
Improvement Action Plan (CIAP), or they are listed in the report for the Board to make a
decision.
Director Kishimoto highlighted the impact on the overall landscape and visitor experience,
noting that while nature might benefit from the absence of buildings, it could affect the quality of
trails and overall visitor experience.
Mr. Malone stated that in the analysis, the coastal barns are recognized for contributing to the
rural character and fitting in with the ambiance of ranching properties. This aspect is emphasized
as one of the evaluation criteria being considered.
Director Cyr commented that the evaluation criteria is valuable with its rational and structured
approach, but his concern is becoming overly focused on structures and potentially neglecting
other important priorities of the District.
Director Kersteen-Tucker noted the potential differences in regional importance or value
between the coast side and the bayside, especially regarding barns and their reflection of the
agricultural nature of the coast side. She suggested considering this aspect during the discussion.
Director Holman commented that her supposition is that a broader discussion would likely
engage more public input if the discussion was about the future of barns, rather than focusing on
the process of removing structures. This would also provide a better sense of what the
community thinks and then the Board would have a better sense of those structures.
Meeting 24-09 Page 7
The members of the Board asked clarifying questions and received additional information
regarding each of the structures.
Director Kersteen-Tucker suggested that the Sears Ranch Road Open Air Barn should remain as
is, and that it presents an opportunity, particularly because many children visit the area and
observe the cows. She inquired if there would be any harm leaving the barn as is, recognizing
there is no public access or trail leading to it.
Mr. Malone stated that if the decision were made to retain the barn in its current state, he
believes it would be necessary to implement some security measures. Despite being in a closed
area, the barn is highly visible and easily accessible.
Director Kersteen-Tucker suggested that the Sears Ranch Road Open Air Barn holds value and
could potentially be renovated to continue its use in some capacity.
Director Holman suggested including photos of the associated house with the Lobitos
Agricultural Barn as it would be beneficial for understanding their relationship within the
property context.
Director Holman suggested looking for a better word rather than using “disposition”.
Mr. Malone stated that the word may be in the Board policy but would confirm. Additionally, he
acknowledged the feedback and stated that for the remainder of the presentation, he would use
the term "decision."
Director Kishimoto suggests moving the Big Dipper Barn to category three.
Director Riffle suggested reviewing each group separately and if needed move structures within
the categories.
Director Riffle stated his preference would be for all the Group 1 structures to be demolished.
Director Kersteen-Tucker expressed agreement with demolishing all of the Group 1 structures
except for the Sears Ranch Road Open Air Barn and recommended to move it to Category 3.
Director Riffle moved to direct the General Manager to move forward with next steps for a
planned demolition of the following non-historic, dilapidated buildings and associated ancillary
structures: McKannay House, Meyer House, Apple Orchard Barn, Toto Hay Barn, Sears Ranch
Road Open Air Barn, and Event Center Cow Barn. Next steps are to complete a CEQA
evaluation for these structures and return with a proposed demolition contract for consideration
of approval. The motion died from lack of a second.
Motion:
1. Director Kersteen-Tucker moved, and Director Riffle seconded the motion to Direct the
General Manager to move forward with next steps for a planned demolition of the following
non-historic, dilapidated buildings and associated ancillary structures: McKannay House,
Meyer House, Apple Orchard Barn, Toto Hay Barn, and Event Center Cow Barn with the
exception that Sears Ranch Road Open Air Barn be moved to Group 3. Next steps are to
Meeting 24-09 Page 8
complete a CEQA evaluation for these structures and return with a proposed demolition
contract for consideration of approval.
Public comment opened at 9:07 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 9:07 p.m.
ROLL CALL VOTE: 7-0-0
Motion:
2. Director Kishimoto moved, and Director Kersteen-Tucker seconded the motion to
move the Landre House and the Big Dipper Barn to Group 1.
Public comment opened at 9:16 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 9:16 p.m.
ROLL CALL VOTE: 7-0-0
Director Kersteen-Tucker suggested voting on the General Manager’s Recommendation #4
ahead of recommendation #3.
Motion:
4. Director Holman moved, and Director Riffle seconded the motion to Direct the General
Manager to retain in the current state the Alsberge Barn, with no further action required.
Public comment opened at 9:27 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 9:27 p.m.
ROLL CALL VOTE: 7-0-0
Motion:
3. Director Holman moved, and Director Kersteen-Tucker seconded the motion to
Direct the General Manager to prepare an analysis of the four standard disposition options
with cost estimates and return for selection of a disposition option for each of the following
structures: Sears Ranch Road Open Air Barn, Lobitos Agricultural Barn, October Farms Barn,
Gordon Ridge Barn, and the Big Dipper Ranch Barn.
Public comment opened at 9:28 p.m.
Ms. Soria reported there were no public speakers for this item.
Public comment closed at 9:28 p.m.
Meeting 24-09 Page 9
Director Holman requested that when the Lobitos Agricultural Barn comes back for
consideration, it should include information about the eligibility and context, specifically
regarding the house and its setting associated with the barn.
ROLL CALL VOTE: 7-0-0
Director Holman commented that to her understanding, the General Manager’s recommendation
includes making a recommendation about a new process.
Mr. Malone clarified that the new process has been selected for the structures for Group 1. A
decision has already been made for the Alsberge Barn and Group 3 will continue to use the
process that staff has been using, which is similar to the process seen for approvals regarding the
Paul Cabin and Rapley Barn.
Director Holman commented that the confusion is on a slide Mr. Malone presented of the four
groups, and it seems that the Board is adopting a new process and pointed out that in Group 2, it
mentions removal after an HRE (Historic Resources Evaluation), along with categories for
historically significant and not historically significant structures. She expressed concern that it
appears that historically significant buildings are being demolished based on the literal reading.
She also noted the ongoing discussion about retaining structures in their current state as opposed
to a maintain or stabilize option.
Mr. Malone stated that there are no longer any structures in Group 2 since the Board moved them
to Group 1. He mentioned that the wording in Group 2 may not be ideal, but if a structure is
deemed historically significant after the historic resource evaluation, it would proceed to Group 3
for a full evaluation. If it's not historically significant, the process involves completing CEQA,
followed by removal and bringing it to the Board for contract approval.
Director Holman commented that on Group 4 there is no mention of retain in current condition,
and there is not an option.
Mr. Malone mentioned that typically, the first option would be to stabilize or rehabilitate and
repair before entering a maintenance cycle.
Director Holman expressed discomfort with the way the four options for a new process are
presented in the presentation.
Mr. Malone explained that the four options presented in the existing process are meant to
represent the extremes and everything in between. These options include removing the structure,
leaving it as is, stabilizing it, or fully repairing and rehabilitating it. If the Board prefers
something in between these options, they can provide direction to staff, such as only repairing
the roof or giving the structure a fresh coat of paint. These options cover the full range of
possibilities, from removal to complete renovation.
Director Holman clarified that then the Board was not adopting a new process.
Mr. Malone stated that the intention was only meant for selecting a process for these particular
structures.
Meeting 24-09 Page 10
Director Cyr commended Mr. Malone for his impressive ability to present the information,
demonstrating a deep understanding of the subject matter. He expressed appreciation for his
effort and acknowledged the assistance of others in preparing the presentation.
INFORMATIONAL MEMORANDA
• Hawthorns Historic Complex Partnership Project Update
INFORMATIONAL REPORTS
A. Committee Reports
None
B. Staff Reports
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided and update
on the Bond Issuance for Measure AA that will be presented to the Board on April 24, 2024, and
on May 8, 2024.
C. Director Reports
Director Gleason expressed appreciation for the staff tour of the La Honda Creek White Barn.
Director Kersteen-Tucker expressed appreciation for the La Honda Creek White Barn tour and
her attendance at the District’s Wildflower Training. She also mentioned presenting with
Director MacNiven to the Redwood City Council last week. Additionally, she had a conversation
with Betsy Rix from the Kings Mountain Association, aiming to strengthen the relationship with
the District and enhance information exchange between both organizations.
Director Riffle expressed gratitude to Assistant General Manager Susanna Chan for the staff tour
of the La Honda Creek White Barn and former Director Larry Hassett also appreciated attending
the tour. He appreciated the bi-weekly updates, particularly the recent one which highlighted the
extensive outreach efforts of the staff within the community. He emphasized the importance of
staff showing up in their uniforms, as it makes a big impression, especially on children.
Additionally, he acknowledged Governmental Affairs Program Manager Josh Hugg for the
legislative updates.
President MacNiven commented that her two items have been discussed the tour to the La Honda
Creek White Barn tour and the presentation to the Redwood City Council.
Director Kishimoto, along with Director Holman, presented to Palo Alto City Council on April 1
with the support of Mr. Malone. Additionally, she attended the April 3 Santa Clara County
LAFCO meeting.
Director Cyr reported that he enjoyed the La Honda Creek White Barn tour, attended the
Wildflower training on April 9, and attended Santa Clara Valley Water Commission and
represented the District and provided a summary of the meeting.
Meeting 24-09 Page 11
ADJOURNMENT
President MacNiven adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District meeting at 9:47 p.m.
Maria Soria, MMC
District Clerk