HomeMy Public PortalAbout20190515 - Minutes - Board of Directors (BOD)
May 15, 2019
Board Meeting 19-13
*Approved by the Board of Directors on May 22, 2019
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
May 15, 2019
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
President Siemens 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, Pete Siemens, and Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Susanna Chan, Real Property Manager Mike Williams,
Planner III Elish Ryan
Public comments opened at 5:00 p.m.
No speakers present.
Public comments closed at 5:00 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Potential addition to La Honda Creek Open Space Preserve (San Mateo County
APN: 078-190-030)
Agency Negotiator: Michael Williams, Real Property Manager
Negotiating Party: Peter Folger
Under Negotiation: Price and terms
Meeting 19-13 Page 2
ADJOURNMENT
President Siemens adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 5:29 p.m.
SPECIAL MEETING
President Siemens called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:34 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Pete Siemens, and Curt Riffle
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Susanna Chan, Assistant General Manager Brian
Malone, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Planning Manager Jane Mark, Planner III Gretchen Laustsen,
Planner III Whitney Berry
President Siemens reported the Board met in closed session, and no reportable action was taken.
1. District-wide Americans with Disabilities Act Self-Evaluation and Transition Plan
Update (R-19-38)
Planner II Whitney Berry reviewed the history of accessibility at the District and described the
project goals, scope, and timeline. Ms. Berry introduced the project team, including consultants
Tim Gilbert and Ashley Tomerlin from MIG, Inc.
Mr. Gilbert described the Americans with Disabilities Act (ADA) and explained program
accessibility, which requires state and local governments to give people with disabilities an equal
opportunity to benefit from all of their programs, services, and activities. Mr. Gilbert reviewed
the requirements included in title II of the ADA and the self-evaluation process used by the
District to inform the creation of a transition plan. Mr. Gilbert described the findings of the self-
evaluation, including positive findings and areas that need improvement. Using the results of the
self-evaluation, staff created a transition plan and timeline for removing barriers to equal access
to programs and experiences. The transition plan includes criteria for prioritizing barrier removal
projects, and the Board of Directors will evaluate and prioritize projects as part of its annual
budget process.
Director Riffle inquired regarding evaluation and documentation of all of the District’s trails.
Mr. Gilbert reported that when the District creates a new trail or modifies an existing trail,
evaluation and documentation are required.
Meeting 19-13 Page 3
Director Holman requested clarification regarding making a facility ADA compliant when
alterations are being made to that facility.
Ms. Tomerlin explained that if the project budget is more than $169,000, then the entire facility
is required to be ADA compliant. However, if the project budget is below $169,000, then an
amount equal to 20% of the construction cost is required to be used to upgrade the facility.
Director Kersteen-Tucker requested an update related to tools to help members of the public
access trail information because the “Transit to Trails” phone application is no longer available.
Ms. Berry reported that District staff is working with an application developer to provide
mapping information for a new application.
Director Kersteen-Tucker suggested including information regarding available cellular service in
the District’s preserves.
Assistant General Manager Brian Malone reported that due to the various cellular carriers and
unreliability of service in the preserves, staff would be unable to guarantee cellular service for
visitors.
Director Kersteen-Tucker suggested providing information regarding regional trail connections
that may be accessed through District preserves. Additionally, the District should include
information regarding service dogs at District preserves on the District’s dog access website.
Planner III Gretchen Laustsen reviewed the proposed prioritization criteria and changes made to
address Board comments from the August 22, 2018 review of the plan. Ms. Laustsen described
three types of barrier removal – maintenance improvements, small capital improvements, and
large capital improvements – and the transition plan schedule. Ms. Lausten reported the
designated ADA Coordinator is being changed from the incumbent in the Planning Manager
position to the Assistant General Manager overseeing Planning and Project Delivery business
line. Finally, Ms. Laustsen explained the 15-year implementation plan from which projects will
be reviewed on an annual basis based on District needs, resources, and accomplishments.
Director Riffle inquired how often the document should be updated.
Mr. Gilbert explained the transition plan may be reviewed annually throughout implementation,
but further updates are not required if the District continues implementation of the plan.
Public comments opened at 6:41 p.m.
No speakers present.
Public comments closed at 6:41 p.m.
Director Riffle suggested publicly promoting the District’s work to update the ADA Transition
Plan, such as in the District’s newsletter.
Director Holman suggested District staff research issues related to liability if a service dog
attacked grazing wildlife.
Meeting 19-13 Page 4
General Counsel Hilary Stevenson reported that as part of the selection and contracting process
for District grazing tenants, language related to liability is included. To date the District has not
experienced any problems related to service dogs attacking other preserve visitors or grazing
animals.
Motion: Director Kishimoto moved, and Director Kersteen-Tucker seconded the motion to:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act.
2. Adopt the District-wide Americans with Disabilities Act Self-Evaluation and Transition Plan
Update.
3. Direct the General Manager to include funds in the Fiscal Year 2019-20 Budget to begin
Year 1 implementation of the District-wide Americans with Disabilities Act Self-Evaluation
and Transition Plan Update.
VOTE: 7-0-0
ADJOURNMENT
President Siemens adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:54 p.m.
REGULAR MEETING
President Siemens called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:04 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Pete Siemens, and Curt Riffle
Members Absent: None
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 Jennifer
Woodworth, Planning Manager Jane Mark, Planner III Gretchen Laustsen,
Engineering and Construction Manager Jay Lin, Capital Project Manager
III Tanisha Werner, Capital Project Manager III Leigh Guggemos, Land
and Facilities Manager Michael Jurich, Public Affairs Manager Kori
Skinner, Natural Resources Manager Kirk Lenington, Water Resources
Specialist Aaron Hébert
ORAL COMMUNICATIONS
No speakers present.
Meeting 19-13 Page 5
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
VOTE: 7-0-0
SPECIAL ORDERS OF THE DAY
• Introduction of staff
O Albert Chen, Applications Support Engineer
O Jack Lin, IT Technician I
o Rebecca Wolfe, Human Resources Supervisor
CONSENT CALENDAR
Public comment opened at 7:15 p.m.
No speakers present.
Public comment closed at 7:15 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to approve the
Consent Calendar.
ROLL CALL VOTE: 7-0-0
1. Approve April 24, 2019 Minutes
2. Claims Report
Directors Kishimoto and Holman commented on the purchase of new vehicles urging staff to
continue to use and replace District vehicles in a prudent manner, including sharing vehicles
when possible.
3. Fiscal Year 2018-19 Quarter 3 Budget Amendments (R-19-55)
General Manager’s Recommendation: Adopt a resolution approving the proposed Fiscal Year
2018-19 Budget Quarter 3 amendments (revenues and expenses) and fund transfer.
4. Contract Amendment for Design Revisions to the Vault Toilet at the New Alma
Parking Area in Bear Creek Redwoods Open Space Preserve (R-19-59)
General Manager’s Recommendation: Authorize the General Manager to execute a contract
amendment with Harris Design for design revisions to the vault toilet at the Alma Parking Area
in Bear Creek Redwoods Open Space Preserve for an amount of $21,711, for a not-to-exceed
total contract amount of $625,876.
5. Contract Amendment with Callander Associates for additional Design, Engineering,
Permit Assistance, and Construction Administration for the Ravenswood Bay Trail Project
at Ravenswood Open Space Preserve (R-19-60)
Meeting 19-13 Page 6
1. General Manager’s Recommendation: Authorize the General Manger to execute a contract
amendment with Callander Associates for additional design, engineering, permit assistance,
and construction administration to support the Ravenswood Bay Trail Project in the amount
of $70,170, for an amended total contract amount of $517,453.
2. Authorize a 15% contingency of $10,526 for additional unanticipated project support through
end of construction, raising the total contract amount to $527,979.
3. Authorize an allowance of $38,499 in the event the project is postponed by a year, for a total
contract amount not-to-exceed $566,478
6. Ravenswood Bay Trail Joint Permitting Agreement (R-19-61)
General Manager’s Recommendation: Adopt a Resolution authorizing the General Manager to
execute a Joint Permitting Agreement for the Ravenswood Bay Trail Project
7. Authorization to execute Irrevocable Offers of Right of Way Dedication to the City
of Campbell (R-19-62)
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 and Delegating Authority to the General Manager to enter
into an Irrevocable Offer of Dedication for Public Street Purposes and an Irrevocable Offer
of a Public Service Easement with the City of Campbell to secure necessary permits for
repurposing the 240 Cristich Lane property as a new South Area Field Office.
8. Grant Agreement with the Santa Clara Valley Water District for Beatty Trail
Connection. (R-19-57)
General Manager’s Recommendation: Adopt a resolution in support of an application for the
Safe, Clean Water Priority D3 Grant Program to receive $149,906 from the Santa Clara Valley
Water District for the Beatty Trail Connection Project, affirming that sufficient funds are
available to complete this work, and authorizing the General Manager to execute the grant
agreement.
BOARD BUSINESS
9. Award of a Phase I Structural Assessment Contract for the La Honda Creek
Redwood Cabin, La Honda Creek White Barn, and Sierra Azul Beatty Home (R-19-63)
Capital Project Manager III Tanisha Werner reported the District is looking at a phased approach
for project delivery, including structural assessments, creation of a basis of design, and Board
selection of an alternative. Ms. Werner described the consultant selection process and introduced
the members of the project team and their qualifications: Steve Patton and Mark Moore of ZFA
Structural Engineers and Peter Birkholz of Page and Turnbull.
The project consultants described their collaborative approach to projects, such as at the Mare
Island Naval Shipyard and the strengths of each of the firms.
Meeting 19-13 Page 7
Ms. Werner described each of the structures to be assessed and the proposed scope of work for
each: the La Honda Creek Redwood Cabin, La Honda Creek White Barn, and Sierra Azul Beatty
Property. Ms. Werner explained structure stabilization is recommended to address deferred
maintenance and extend building longevity to preserve them for future generations. Ms. Werner
summarized the state and federal design standards and county review that would apply to the
project. As part of the phased approach, staff will present three alternatives for the Board to
evaluate and select following completion of the site assessment and basis of design.
Director Holman suggested reusing building materials from the Apple Orchard Cabin for
restoration of the La Honda Creek White Barn.
Director Kishimoto inquired regarding the use of state guidelines for stabilizing historic
structures.
Mr. Moore and Mr. Birkholz provided clarification and examples of projects where state historic
resources guidelines were applied.
President Siemens inquired if any of the buildings are listed as historic structures.
Ms. Werner reported the structures qualify as historic but are not listed as county, state, or
federal historic structures.
Public comments opened at 7:58 p.m.
No speakers present.
Public comments closed at 7:58 p.m.
President Siemens commented that the District’s mission does not include historic preservation.
Director Holman requested staff return with information regarding the success of fencing
buildings at preventing vandalism when the item comes to the Board again. Director Holman
spoke in favor of reuse of building materials.
President Siemens requested staff return with information regarding the cost of restoration of the
sites and interpretive signage as an alternative.
Director Holman expressed concern in supporting the motion because historic preservation is
included in the District’s vision statement.
Director Kersteen-Tucker commented that preserving the structures might create an invitation for
vandalism.
Motion: Director Riffle moved, and Director Kersteen-Tucker seconded the motion to:
1. Authorize the General Manager to enter into contract with ZFA Structural Engineers, of San
Francisco, California for a not-to-exceed base contract amount of $176,635.
2. Authorize a 15% contract contingency of $26,495 to be reserved for unanticipated issues,
thus allowing the total contract amount not-to-exceed $203,130.
Meeting 19-13 Page 8
3. Direct staff to provide information for an alternative to demolish the buildings with the
potential for interpretive signage.
VOTE: 6-1-0 (Director Siemens dissenting)
10. Agricultural Workforce Housing at La Honda Creek Open Space Preserve (R-19-
58)
Capital Project Manager III Leigh Guggemos provided the staff presentation describing the
current grazing lease for Driscoll Ranch, which includes a provision for agricultural workforce
housing. San Mateo County currently has a farmworker housing pilot program, which seeks to
support agricultural workforce housing in San Mateo County. Mr. Guggemos described the
various options for Board consideration and provided information regarding the benefits,
limitations, and cost for each of the options.
Director Hassett inquired regarding the need for new water tanks for option C.
Mr. Guggemos reported that since it is not new construction, a new water tank would not be
needed.
Director Riffle suggested the District may want to consider building additional agricultural
workforce housing to help increase housing stock in San Mateo County.
Mr. Guggemos reported that additional agricultural workforce housing is not currently needed by
the grazing tenant.
Director Kersteen-Tucker commented on the high cost of single-family agricultural workforce
housing and suggested looking for alternate locations that could provide higher density housing
for a greater cost-benefit.
Public comments opened at 8:54 p.m.
No speakers present.
Public comments closed at 8:54 p.m.
Director Hassett spoke regarding the need for agricultural workforce housing for row crop
operations in other areas of San Mateo County.
Motion: Director Holman moved, and Director Riffle seconded the motion to:
1. Designate an existing residential rental house at 5711 La Honda Road as the agricultural
workforce housing unit for La Honda Creek Open Space Preserve.
2. Adopt a resolution authorizing the General Manager to enter into a partnership agreement
with San Mateo County for a forgivable ten-year, no-interest Farmworker Housing Pilot
Program Phase III loan for $100,000, and permanently designate the residence as agricultural
workforce housing.
VOTE: 7-0-0
Meeting 19-13 Page 9
11. Award of Contract for State and Federal Waters Environmental Permitting
Services (R-19-54)
Water Resources Specialist Aaron Hébert provided the staff presentation describing the types of
permits the District is required to acquire for District projects which are often governed by
multiple jurisdictions. The project aims to streamline the regulatory permitting process by
obtaining comprehensive long-term permits to improve working planning and implementation
and reduce project delays. The project seeks to create a single source for state and federal
permits for routine maintenance, small new facilities, and restoration projects covering the
District’s current and future lands, except Bay-front properties. Finally, Mr. Hébert summarized
the estimate timeline for the project implementation.
Director Kishimoto inquired regarding an increase in work with cultural resources.
Mr. Hébert reported the District does not currently have comprehensive documentation of the
District’s historic resources.
Director Kishimoto suggested the District take a proactive approach to working with local tribes
related to cultural resources, as the District did at Mount Umunhum.
Director Siemens inquired whether this streamlining project still requires the District to notify
the agencies of District projects.
Mr. Hébert reported the District would notify the agencies of its work plan and may work
directly with the agencies to approve the work plan and projects.
Public comments opened at 9:26 p.m.
No speakers present.
Public comments closed at 9:26 p.m.
Motion: Director Riffle moved, and Director Cyr seconded the motion to:
1. Authorize the General Manager to execute a contract amendment with Horizon Water and
Environment, LLC, to provide additional state and federal waters environmental permitting
services in an amount not to exceed $624,847, for a new contract amount of $724,581.
2. Authorize a 12% contingency of $74,982 to cover unanticipated issues during permit
negotiations, for a total contract amount not-to-exceed $799,563.
VOTE: 7-0-0
INFORMATIONAL MEMORANDUM
• Bear Creek Redwoods Open Space Preserve Icon
• San Mateo County Master Permit
• Cogliandro Property Acquisition, Sierra Azul Open Space Preserve
Meeting 19-13 Page 10
INFORMATIONAL REPORTS
A. Committee Reports
Director Riffle reported the Action Plan and Budget Committee met May 14, 2019 to begin
review of the FY2019-20 Budget and Action Plan.
Director Kersteen-Tucker reported the Real Property Committee met on April 30, 2019 to
discuss the Woodruff Redwoods property.
B. Staff Reports
Mr. Malone reported the District’s potential partner for the Hawthorns property has been unable
to obtain a permit for the site and is no longer able to pursue the project.
Ms. Ruiz reported staff and members of the Board will try to meet with Portola Valley
representatives to discuss the Hawthorns project.
C. Director Reports
The Board members submitted their compensatory reports.
Director Cyr, Hassett, and Siemens reported they attended the Special Parks District Forum
hosted by the District and East Bay Regional Parks District and commented on the tours
provided.
ADJOURNMENT
President Siemens adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:44 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk