HomeMy Public PortalAbout20210623 - Minutes - Board of Directors (BOD)
June 23, 2021
Board Meeting 21-19
*Approved by the Board of Directors on July 14, 2021
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, June 23, 2021
The Board of Directors conducted this meeting in accordance with California Governor
Newsom’s Executive Order N-29-20. All Board members and staff participated via
teleconference.
APPROVED MINUTES*
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
President Riffle called the special meeting of the Midpeninsula Regional Open Space District to
order at 5:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Chief Executive Officer/Director of
Administrative Services Stefan Jaskulak, Human Resources Manager
Candice Basnight, Human Resources Supervisor Rebecca Wolfe, Real
Property Manager Mike Williams, Planner III Elish Ryan
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
Agency designated representatives: Ana Ruiz, General Manager, Brian Malone, Assistant
General Manager, Jack Hughes, Liebert Cassidy Whitmore
Employee organization: Field Employees Association
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: California Riding & Hiking Trail Portions of San Mateo County APNs: 072-
270-010, 072-270-070, 072-270-080, 072-271-150, 078-190-170, 180, 078-200-090, 078-
120-030, 040, 082-050-010 & 082-110-040
Agency Negotiator: Michael Williams, Real Property Manager
Negotiating Party: Alexander Stahl, Statewide Trail Manager, State of California Parks
& Recreation
Meeting 21-19 Page 2
Under Negotiation: Terms and conditions of easement transfer
Public comment opened at 5:00 p.m.
Ms. Woodworth reported no public comments were submitted for these items.
Public comments closed at 5:01 p.m.
The Board convened into closed session at 5:01 p.m.
ADJOURNMENT
President Riffle continued the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District until the close of the regular meeting at 6:48 p.m.
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
President Riffle called the regular meeting of the Midpeninsula Regional Open Space District to
order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Zoe Kersteen-Tucker, Yoriko Kishimoto, and Curt
Riffle
Members Absent: Karen Holman and Pete Siemens
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Chief Executive Officer/Director of Administrative Services Stefan
Jaskulak, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Natural Resources Manager Kirk Lenington, Senior
Resources Management Specialist Aaron Hébert, Planning Manager Jane
Mark, Planner III Alex Casbara, Planner I Melissa Borgesi, Management
Analyst II Marion Shaw, Engineering & Construction Manager Jason Lin
President Riffle announced this meeting is being held in accordance with Governor Newsom’s
Executive Order allowing Board members to participate remotely. The District has done its best
to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide
comment. The public has the opportunity to comment on the agenda, and the opportunity to
listen to this meeting through the internet or via telephone. This information can be found on the
meeting agenda, which was physically posted at the District’s Administrative Office, and on the
District website. President Riffle described the process and protocols for the meeting.
REPORT OUT OF CLOSED SESSION
General Counsel Hilary Stevenson reported there was no reportable action from closed session.
Meeting 21-19 Page 3
ORAL COMMUNICATIONS
Ms. Woodworth read the submitted comments into the record.
Dorit Perry expressed concern regarding equestrian interactions with hikers on narrow trails and
requested a response to her questions from the Board of Directors.
Jerry Wittenauer thanked the District for the installation of a boulder along the Coyote Trail in
Rancho San Antonio Preserve for use by equestrians to mount their horses.
General Manager Ana Ruiz reported staff and a member of the Board will be meeting with Dorit
Perry in the coming week.
Director Holman joined the meeting at 7:05 p.m.
Director Siemens joined the meeting at 7:06 p.m.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
CONSENT CALENDAR
Director Kersteen-Tucker pulled item 3 from the consent calendar.
Public comment opened at 7:07 p.m.
Ms. Woodworth reported no public comments were submitted for this item.
Public comment closed at 7:07 p.m.
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to approve the
Consent Calendar, except for item 3.
ROLL CALL VOTE: 7-0-0
1. Approve the June 9, 2021 Board meeting minutes
2. Claims Report
3. Authorization to enter into an Agreement with Panthera to conduct a Five-Year
Wildlife and Livestock Protection Study and create a Wildlife/Livestock Conflict
Management Plan (R-21-85)
General Manager’s Recommendation: Authorize the General Manager to enter into an
Agreement with Panthera for a not-to-exceed contract price of $335,000 to conduct five years of
research on the effectiveness of non-lethal wildlife and livestock protection methods and their
Meeting 21-19 Page 4
effect on wildlife behavior (e.g. deterring predation), wildlife health, grazing productivity, and
livestock health and to utilize the results to develop an informed Wildlife and Livestock Conflict
Management Plan.
Director Kersteen-Tucker inquired if and how the research results would be incorporated into the
District’s day-to-day operations.
Resource Management Specialist II Matt Sharp Chaney reported the information would be
incorporated in the District’s operations and explained how District conservation grazing tenants
would be able to incorporate the tools into their land management.
Director Kersteen-Tucker inquired how the research will be incorporated into the proposed
agriculture policy included in the next fiscal year.
Assistant General Manager Brian Malone reported the information will be incorporated into a
potential future update to the grazing management policy following the research period. The
agriculture policy will be separately updated in the coming year.
Director Siemens expressed concern regarding the cost of the study as compared to the
reimbursement budget for reimbursing conservation grazing tenants for livestock lost to
predation.
Ms. Ruiz commented on the District’s opportunity to contribute important research information
that can be transferred throughout the region and across the state to reduce livestock and wildlife
conflicts which would then lead to a reduction in the issuance of depredation permits to protect
wildlife populations.
Public comment opened at 7:24 p.m.
Ms. Woodworth read the submitted comments into the record.
Lawrence Ford provided comments regarding agenda item 3 expressing support for the District’s
proposed research on livestock-wildlife conflicts solutions.
Public comment closed at 7:27 p.m.
Motion: Director Kersteen-Tucker moved, and Director Siemens seconded the motion to
approve the General Manager’s recommendation.
ROLL CALL VOTE: 7-0-0
4. Award of Contract with Parisi Transportation Consulting/Mead & Hunt to provide
Transportation Planning Services for the Purisima Multimodal Access Study Project (R-
21-77)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Parisi Transportation
Consulting/Mead & Hunt of Mill Valley, CA to complete the Purisima Multimodal Access
Study Project for a base amount of $112,998.
Meeting 21-19 Page 5
2. Authorize a 10% contingency of $11,300 to cover unforeseen tasks beyond the current scope
for a total not-to-exceed contract amount of $124,298.
5. Grant Funding Agreement with the State Coastal Conservancy for Forest Health
and Wildfire Resilience Program funding (R-21-84)
General Manager’s Recommendation: Adopt a Resolution authorizing the General Manager to
enter into a grant funding agreement with the State Coastal Conservancy for $400,000 in Forest
Health and Wildfire Resilience Program funding.
6. Annual Review of Finance Policies for Fiscal Year 2021 (R-21-87)
General Manager’s Recommendation: Affirm Board Policies 3.08 - Statement of Investment, and
3.09 - Debt Management Policy.
7. Authorization to Contribute a $1.0 Million Payment from Fiscal Year 2020-2021
Budget Savings to the Section 115 Trust Administered by Public Agency Retirement
Services (PARS) (R-21-89)
General Manager’s Recommendation: Authorize the General Manager to deposit $1.0 Million
into the Midpeninsula Regional Open Space District’s PARS account established under a Section
115 Trust to pre-fund pension obligations.
8. Establish the Fiscal Year 2022 Tax Levy for the Midpeninsula Regional Open Space
District General Obligation Bonds - Series 2015A, Series 2015B, and Series 2018 (R-21-90)
General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the
Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara, and Santa Cruz
Counties to establish an ad valorem property tax levy of $1.50 per $100,000 (or $0.0015 per
$100) in assessed value for the General Obligation Bonds – Series 2015A, Series 2015B, and
Series 2018 (Measure AA).
9. Award of Contract for the Agricultural Workforce Housing Project in La Honda
Creek Open Space Preserve (R-21-88)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with SAE Consulting Engineering of
San Jose, California, for a base contract amount of $195,500.
2. Authorize a 10% contingency of $19,550 to be reserved for unanticipated issues, bringing
the total contract to a not-to-exceed amount of $215,050.
BOARD BUSINESS
10. Santa Clara County Ridgeline Easement on Lehigh Quarry Property near Rancho
San Antonio Open Space Preserve (R-21-93)
Senior Resource Management Specialist Aaron Hébert provided the staff presentation describing
the 1972 ridgeline easement, which was put in place to protect the scenic ridgeline area, and
described the current condition of Lehigh Quarry, including the 1987 greenstone landslide and
Meeting 21-19 Page 6
current view of the area from Rancho San Antonio Preserve. Mr. Hébert explained the Lehigh
Quarry reclamation plan permit application asks to modify the ridgeline easement to allow for
mining beyond the current easement. Mr. Hébert highlighted the support received for the
proposal by the District’s Lehigh Quarry Ad Hoc committee, Santa Clara County (County)
Board of Supervisors, a coalition of environmental groups, governmental agencies, and members
of the public. Finally, Mr. Hébert outlined the proposed next steps for the project.
Director Kishimoto, chair of the Lehigh Quarry Ad Hoc committee, reported on the committee’s
recommendations and thanked District staff, partners, and the County Board of Supervisors for
their efforts to protect the ridgeline easement.
Public comment opened at 7:48 p.m.
Erica Guerra Environmental with Lehigh Quarry provided comments regarding Lehigh Quarry.
Ms. Guerra spoke in favor of a partnership between the District and Lehigh Quarry and offered
to present to the Board at a future meeting. Ms. Guerra commented on statements made at a press
conference with the District and Santa Clara County, including the Reclamation Plan
Amendment application process.
Elizabeth Montgomery, who lives near Rancho San Antonio, expressed thanks regarding the
proposal for the District to work with Santa Clara County to protect the ridgeline easement.
Rhoda Fry spoke in support of the proposal to protect the ridgeline easement with Santa Clara
County and spoke in opposition to increased mining of the quarry. Ms. Fry expressed concern
regarding the proposal to fill the pit through exported material.
Ms. Woodworth read the submitted comments into the record.
Jim Meyerson provided comments in support of the recommendation for the District to help
enforce the ridgeline easement.
John McDonald opposed the proposal for Lehigh Quarry to extend its mining operations beyond
the ridgeline easement, due to negative impacts on preserve visitors, preserve neighbors, and
wildlife.
Lynn Lucas offered comments in support of the General Manager’s recommendation and
encouraged the District to continue to protect the ridgeline easement.
Rowena Dodson support the General Manager’s recommendation stating Rancho San Antonio is
important for the use and enjoyment of the region and is a crucial wildlife habitat.
Public comments closed at 8:01 p.m.
Director Holman spoke in support of County Supervisors Simitian and Lee for bringing the item
forward to the County Board of Supervisors.
The members of the Board spoke in support of the General Manager’s recommendation.
Meeting 21-19 Page 7
Motion: Director Kishimoto moved, and Director Holman seconded the motion to direct the
General Manager and General Counsel to enter into discussions with Santa Clara County staff
regarding a grant of enforcement rights of the Ridgeline Easement held by the County on Lehigh
Quarry lands and to return to the Midpeninsula Regional Open Space District Board of Directors
at a future date with a finalized proposal.
ROLL CALL VOTE: 7-0-0
Director Kishimoto spoke in favor of Ms. Guerra providing a presentation to the Board of
Directors at a future meeting.
11. Redwood Cabin Removal Project: CEQA Scoping Meeting (R-21-92)
Planner I Melissa Borgesi presented the staff report describing the location of the Redwood
Cabin, its current condition, and a historical study of the cabin, which determined it was eligible
for listing on the California Register of Historical Resources. Ms. Borgesi summarized the
history of the project and current vandalism and trespassing concerns at the site.
Planner III Alex Casbara summarized the environmental review process for the project under the
California Environmental Quality Act. Mr. Casbara described the process for the public to
provide comments during the CEQA process.
Director Holman inquired if artifacts from the site would be retained, such as a horseshoe pit and
other built elements.
Mr. Casbara stated interpretive elements could be studied and potentially incorporated into the
project.
Director Kishimoto inquired if the logs from the cabin would be reused and suggested they could
be used for repair of similar buildings.
Mr. Casbara stated staff discussed potential salvage and use of the building materials, but
additional research is needed.
Director Siemens requested and received clarification regarding the environmental review
process.
Public comment opened at 8:28 p.m.
Ms. Woodworth reported no public comments were submitted for this item.
Public comments closed at 8:28 p.m.
No Board action required.
12. Public-facing Furniture Options for the Administrative Office Project (R-21-91)
Meeting 21-19 Page 8
Ms. Ruiz provided comments regarding the need for durable, cost-effective, and functional
elements in the high-traffic public facing areas of the building, including the lobby, atrium,
Board room, etc.
Management Analyst II Marion Shaw provided the presentation displaying and describing
various furniture options for each of the public-facing spaces. Ms. Shaw reviewed the goals of
the project, including creation of a welcoming, accessible space to support visitor engagement
and selection of durable, function, and cost-effective furniture.
Directors Holman, Cyr, and Siemens spoke in support of reusing the District’s current
conference table for the green room.
Director Hassett expressed concern regarding the Board’s ability to select furniture for public use
and additional research and expertise may be needed. Director Hassett requested additional
information regarding the quality and durability of materials used and country of origin for the
proposed furniture.
Director Kersteen-Tucker stated higher level of Board input and not minute details would be
more helpful and spoke in support of reuse of furniture.
Director Kishimoto spoke in support of the project goals and in support of the Board providing
higher level input.
Ms. Ruiz stated high level comments are helpful, and staff is researching the durability of
various options being presented.
Director Cyr spoke in support of selecting comfortable chairs for public meetings because the
public must sit in these chairs for several hours.
Director Hassett spoke in support of deferring to a consultant with expertise on the topic to help
select the furniture and spoke in support of potential selection of secondhand furniture.
Director Siemens requested additional information regarding the cooperative agreement process
stating the District should not be constrained by selections made by another agency.
Ms. Shaw provided additional information regarding the cooperative agreement process, which
helps secure a lower cost for the products.
Director Kishimoto suggested selecting a couple of members of the Board to work with staff to
make the furniture selections, including Directors Siemens and Hassett.
Director Kersteen-Tucker agreed, and suggested staff could also serve on a selection committee.
Ms. Ruiz stated staff could work with an ad hoc committee on the project.
Direction Holman commented on the need to view the furniture pieces in context with the new
building’s schematic design and expressed concern regarding selecting furniture without
understanding how it may fit into the overall design of the building.
Meeting 21-19 Page 9
Motion: Director Kishimoto moved, and Director Kersteen-Tucker seconded the motion to
delegate to an ad hoc committee to work with staff to evaluate and select furniture for the public-
facing areas of the building. Directors Hassett, Holman, and Siemens would serve on the ad hoc
committee, and would return to the Board with their recommendations for furniture for the Board
and public spaces.
Public comment opened at 9:25 p.m.
Ms. Woodworth reported no public comments were submitted for this item.
Public comment closed at 9:25 p.m.
ROLL CALL VOTE: 7-0-0
Director Siemens spoke in favor of District staff building tables for use in the building.
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Planning and Natural Resources Committee met on June 15,
2021 to discuss the Stevens Creek Shoreline Nature Study Area and Shoreline Resilience
Planning project.
President Riffle reported the Board Appointee Evaluation Committee met on June 16, 2021 to
review the evaluation process and timeline.
B. Staff Reports
No staff reports.
C. Director Reports
No director reports
ADJOURNMENT
President Riffle adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District into closed session at 9:34 p.m.
ADJOURNMENT
President Riffle adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 10:23 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk