HomeMy Public PortalAbout20191023 - Minutes - Board of Directors (BOD)
October 23, 2019
Board Meeting 19-27
*Approved by the Board of Directors on November 13, 2019
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, October 23, 2019
APPROVED MINUTES*
SPECIAL MEETING – STUDY SESSION
Vice-President Holman called the special meeting of the Midpeninsula Regional Open Space
District to order at 6:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, and Curt Riffle
Members Absent: Zoe Kersteen-Tucker, Yoriko Kishimoto, and Pete Siemens
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Public Affairs Manager Kori Skinner,
1. Review of 2019 State of California Legislative Session – Board of Directors Briefing
on Matters of Interest to Midpeninsula Regional Open Space District (R-19-133)
District lobbyist Julie Malinowski-Ball with Public Policy Associates provided an overview of
the legislative bills signed and vetoed by Governor Newsom related to issues of interest to the
District. Ms. Malinowski-Ball summarized bills related to wildfire prevention and forest health,
affordable housing, and funding challenges for special districts.
District lobbyist Reed Addis with Environmental and Energy Consulting provided updates on
bills related to issues of District interest, including wildlife corridors, climate adaptation,
Proposition 68 funds, the Greenhouse Gas Reduction Fund, etc.
Board members requested and received clarification regarding several specific bills.
Public comments opened at 7:02 p.m.
Meeting 19-27 Page 2
No speakers present.
Public comments closed at 7:02 p.m.
No Board action required.
Vice-President Holman adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:02 p.m.
REGULAR MEETING
Vice-President Holman called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:02 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, and Curt Riffle
Members Absent: Zoe Kersteen-Tucker, Yoriko Kishimoto, and Pete Siemens
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Chief Financial Officer/Director of Administrative Services Stefan
Jaskulak, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Public Affairs Manager Kori Skinner, Natural Resources
Manager Kirk Lenington, Senior Resource Management Specialist Julie
Andersen, Land & Facilities Manager Michael Jurich, Senior Capital
Project Manager Tanisha Werner
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Vice-President Holman stated Item 4 would be continued to the following Board meeting.
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
VOTE: 4-0-0 (Director Kersteen-Tucker, Kishimoto, and Siemens absent)
SPECIAL ORDERS OF THE DAY
• Introduction of Management Talent Exchange Program Participant
o Deborah Hirst, Climate Resiliency/Regional Trails Specialist
CONSENT CALENDAR
Item 4 continued to the following regular Board meeting.
Meeting 19-27 Page 3
Public comment opened at 7:08 p.m.
No speakers present.
Public comment closed at 7:08 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion to approve the Consent
Calendar, except for Item 4.
VOTE: 4-0-0 (Director Kersteen-Tucker, Kishimoto, and Siemens absent)
1. Approve October 9, 2019 Minutes
2. Claims Report
3. Approval of Amendments to the Personnel Policies and Procedures Manual (R-19-
134)
General Manager’s Recommendation: Adopt a Resolution approving the amendments to the
Personnel Policies and Procedures Manual.
4. Resolution to accept grant funding from the California Natural Resources Agency
for the proposed future purchase of the Gordon Ridge property. (R-19-135)
General Manager’s Recommendation: Adopt a resolution by roll call vote authorizing the
General Manager to execute a funding agreement with the California Natural Resources Agency
for the proposed future purchase of the Gordon Ridge property as an addition to Tunitas Creek
Open Space Preserve.
BOARD BUSINESS
5. Highway 17 Crossings Alternatives, Caltrans Project Study Report, Environmental
Review, Public Outreach and Funding (R-19-136)
Senior Resource Management Specialist Julie Andersen provided an overview of the project,
including purpose and goals, public meetings held throughout the project, and the Caltrans
process being followed.
Randy Anderson, project consultant from Trail People, described the reasons behind the
recommendation for two separate structures for wildlife and trail crossings and the rankings of
the various crossing alternatives.
Ms. Andersen described the two wildlife crossings and two trail crossings recommended for
further study, the benefits and related limitations for each alternative, and estimated costs. Ms.
Andersen described the connections between the recommended trail crossings to existing trails,
such as the Ridge and Los Gatos Creek Trails, and level of public and partner support. Ms.
Andersen reported wildlife fencing will be needed the wildlife crossing to direct wildlife to the
crossing and will require monitoring and adaptive management. Finally, Ms. Andersen described
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the conclusion for Phase I (project initiation) and the next phase (environmental review) of the
project and the proposed future outreach and funding approaches.
Director Riffle inquired regarding funding support from Caltrans.
Ms. Andersen reported Caltrans cannot allocate any funding until after Phase II is complete. The
District will enter into agreements with Caltrans at each phase, some of which Caltrans will
cover the costs. Potential funding opportunities have been identified and may be further explored
following environmental review. Also, the District plans to request that Caltrans own the
structures.
General Manager Ana Ruiz reported she met with Senator Jim Beall today and discussed this
project. Senator Beall is supportive of the project and may be able to help the District seek
project funding.
Director Riffle inquired if monitoring would occur following project completion of the project to
determine its effectiveness.
Ms. Andersen reported that wildlife cameras would be installed to monitor wildlife crossings in
addition to other data gathered through roadkill data and mountain lion collar monitors.
Director Holman inquired when the design would be available for Board review.
Ms. Andersen reported this will be available during the design phase, which occurs after
environmental review.
Public comments opened at 7:45 p.m.
Paul Billig spoke in favor of the project and its ability to create a connection for the Bay Area
Ridge Trail.
Public comments closed at 7:47 p.m.
Motion: Director Holman moved, and Director Hassett seconded the motion to:
1. Authorize the General Manager to approve the final Caltrans Project Study Report - Project
Development Support document.
2. Approve the proposed approach for project environmental review pursuant to the California
Environmental Quality Act and the National Environmental Policy Act to evaluate highway
crossing alternatives for wildlife and trail use.
3. Adopt a Resolution authorizing the General Manager to enter into a Cooperative Agreement
with Caltrans to begin the Caltrans Project Approval and Environmental Document for the
proposed project.
VOTE: 4-0-0 (Director Kersteen-Tucker, Kishimoto, and Siemens absent)
6. Lone Madrone Ranch (formally McDonald Ranch) Grazing Lease in La Honda
Creek Open Space Preserve (R-19-137)
Meeting 19-27 Page 5
Land & Facilities Manager Michael Jurich provided the staff presentation describing the location
and history of Lone Madrone Ranch (formerly McDonald Ranch), including grazing on the
property. Mr. Jurich described the history of the current grazing lease with Erik and Doniga
Markegard and requirements included in the new grazing lease, including weekly inspection of
the premise, submittal of monthly stocking reports, infrastructure improvements, and site visits
by staff.
Director Riffle requested clarification regarding the additional lease requirements and the
reasons for their inclusion.
Mr. Jurich stated the purpose of the requirements are twofold: to complete necessary upgrades
because the ranch had not been grazed for a long period and has required numerous
infrastructure improvements, and to address concerns that arose following the recent cattle loss at
the ranch.
Assistant General Manager Brian Malone reported the lease terms are the same as are used for
other grazing leases, but there is a higher level of District staff involvement and District
commitment to also complete improvements. Mr. Malone stated the requirements are for a
shorter term for implementation and monitoring before determining whether the lease will be
extended.
Director Riffle inquired whether the introduction of public access would affect the lease.
Mr. Jurich reported this will not affect the lease terms. In other areas with public access and
active grazing, staff works directly with the tenants, which would also occur for this tenant.
Public comments opened at 8:12 p.m.
No speakers present.
Public comments closed at 8:12 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to adopt a resolution
authorizing the General Manager to enter into a new two-year grazing lease with an option for a
one-year extension at Lone Madrone Ranch in La Honda Creek Open Space Preserve with
current Lessee, Erik and Doniga Markegard.
VOTE: 4-0-0 (Director Kersteen-Tucker, Kishimoto, and Siemens absent)
The Board recessed at 8:14 p.m. and reconvened at 8:19 p.m. with Directors Cyr, Hassett,
Holman, and Riffle present.
7. Award of Contract for the South Area Field Office Project (19-138)
Senior Capital Project Manager Tanisha Werner provided the staff report describing the history
of the project to date, location of the project, and displayed photos of the current building
conditions. Ms. Werner reviewed the planned exterior and interior features of the building and
various bid alternates that contractors also bid on, including those being recommended for
inclusion in the construction contract. The project is anticipated to be completed in early 2021.
Meeting 19-27 Page 6
Director Cyr suggested painting the metal siding to a more natural color.
Ms. Werner reported the building siding will be tan in color.
Director Riffle spoke in support of incorporating climate efficiency and green design features
into the building.
Ms. Ruiz reported that staff can report back to the Board on these but were largely constrained
by the budget.
Director Holman inquired why replacement of siding on the building’s south wall is not included
in the base bid and contingency.
Ms. Werner reported replacement of the south wall was not included in the project scope and
may not be needed.
Ms. Ruiz stated the contract contingency is being preserved for other possible issues that may
arise related to the site, such as contamination.
Public comments opened at 8:41 p.m.
No speakers present.
Public comments closed at 8:41 p.m.
Motion: Director Cyr moved, and Director Riffle seconded the motion to:
1. Award a contract to Agbayani Construction Corporation of Daly City, California for a base
contract amount of $3,529,000, which includes bid alternates #5 and #7.
2. Authorize a 15% construction contingency of $529,350 to be reserved for unanticipated
issues, for a not-to-exceed total contract amount of $4,058,350.
3. Separately authorize bid alternate #1 for $75,000, for a total not-to-exceed contract amount
of $4,133,350, to be awarded if during demolition the south wall is deemed to require
replacement; this fixed charge is excluded from the 15% contract contingency calculation.
VOTE: 4-0-0 (Director Kersteen-Tucker, Kishimoto, and Siemens absent)
INFORMATIONAL REPORTS
A. Committee Reports
Director Cyr reported the Planning and Natural Resources Committee met yesterday to discuss
the draft grazing policy and received feedback from the public and an addendum to the Mindego
Ranch Grazing Management Plan.
B. Staff Reports
Ms. Ruiz reported on the recent Ravenswood Bay Trail kickoff event and an event held by the
Silicon Valley Bicycle Coalition. Ms. Ruiz reported staff and members of the Board continue
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their briefing meetings with local elected officials to discuss current and upcoming District
projects.
C. Director Reports
The Board members submitted their compensatory reports.
Director Cyr reported he attended a meeting of the Santa Clara Valley Water Commission.
Directors Hassett and Riffle reported their attendance at the October 19, 2019 La Honda Public
Access Working Group site tour and commended staff for the work done.
Vice-President Holman reported on her recent meetings with Los Altos Mayor Lynette Eng,
Senator Jim Beall, Santa Clara County Supervisor and Board President Joe Simitian, and San
Mateo County Supervisor Dave Pine.
ADJOURNMENT
Vice-President Holman adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:00 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk