HomeMy Public PortalAbout20190213 - Minutes - Board of Directors (BOD)
February 13, 2019
Board Meeting 19-03
*Approved by the Board of Directors on February23, 2019
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
February 13, 2019
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
President Siemens 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, Zoe Kersteen-Tucker, Pete Siemens, and Curt
Riffle
Members Absent: Karen Holman, and Yoriko Kishimoto
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Real Property Manager Mike Williams, Senior Real Property Agent
Allen Ishibashi
Public comments opened at 6:00 p.m.
No speakers present.
Public comments closed at 6:00 p.m.
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of Case: Burkhart v. Midpeninsula Regional Open Space District; Santa Clara
County Superior Court Case Number 18CV 334473.
ADJOURNMENT
President Siemens adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:55 p.m.
Meeting 19-03 Page 2
REGULAR MEETING
President Siemens called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:00 p.m.
President Siemens reported the Board met in closed session, and no reportable action was taken.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Zoe Kersteen-Tucker, Pete Siemens, and Curt
Riffle
Members Absent: Karen Holman, and Yoriko Kishimoto
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Real Property Manager Mike Williams, Senior Real Property Agent
Allen Ishibashi, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Budget & Analysis Manager Carmen Narayanan, Public
Affairs Manager Korrine Skinner, Public Affairs Specialist II Cydney
Bieber, Natural Resources Manager Kirk Lenington, Senior Resource
Management Specialist Coty Sifuentes-Winter
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Cyr seconded the motion to adopt the agenda.
VOTE: 5-0-0
CONSENT CALENDAR
Public comment opened at 7:02 p.m.
No speakers present.
Public comment closed at 7:02 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion to approve the Consent
Calendar.
VOTE: 5-0-0
1. Approve January 23, 2019 Minutes
Meeting 19-03 Page 3
2. Claims Report
3. _ Renewal of Agreement with Grassroots Ecology for the Hendrys Creek Stream
Restoration Project at Sierra Azul Open Space Preserve (R-19-18)
General Manager’s Recommendations:
1. Authorize the General Manager to renew an agreement with Grassroots Ecology (formerly
Acterra Stewardship) in an amount of $107,000 for native plant restoration, vegetation
monitoring, and grant administration work associated with the grant-funded Hendrys Creek
Stream Channel Restoration Project (Project) at Sierra Azul Open Space Preserve. The
agreement, including this renewal, is eligible for full reimbursement by a Santa Clara Valley
Water District grant through June 2020.
2. Authorize an additional allowance of $40,000 for optional hand watering, contingent upon
need at the District’s sole discretion, for a total not-to-exceed contract price of $147,000.
4. Maintenance and Indemnification Agreement between the County of Santa Clara
and Midpeninsula Regional Open Space District (R-19-17)
General Manager’s Recommendation: Adopt a resolution approving the Maintenance and
Indemnification Agreement between the County of Santa Clara and Midpeninsula Regional
Open Space District and authorizing the General Manager to execute and record the Agreement
BOARD BUSINESS
5. Alpine Road Trail Memorandum of Understanding with the County of San Mateo,
Coal Creek Open Space Preserve (R-19-19)
Real Property Manager Michael Williams provided the staff report summarizing the chronology
of ownership and failures along Alpine Road Trail and described the location of the trail. Mr.
Williams described the terms and conditions of the proposed Memorandum of Understanding
with San Mateo County, including assessment and design of long term repairs for use as a public
trail; use of County grading exemptions and permit waivers; right of entry for work to improve
the trail; and eventual transfer of the trail to the District.
Director Riffle inquired whether the trail crosses private property.
Mr. Williams described the private properties that have partial ownership of Alpine Road Trail,
and the private property owners would continue to be responsible for maintaining access to their
own standards.
Director Kersteen-Tucker requested additional information regarding the Board’s decision to
maintain a six-foot trail and whether this width is acceptable for San Mateo County.
Mr. Williams reported representatives have not raised any concerns regarding the six-foot trail
width.
Assistant General Manager Brian Malone reported that the Board decided in March 2018 to
maintain a six-foot trail width, which will not allow for patrol and emergency access.
Meeting 19-03 Page 4
Director Hassett commented on the high cost for repair and maintenance for a twelve-foot trail
width.
Public comments opened at 7:24 p.m.
No speakers present
Public comments closed at 7:24 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to authorize the
General Manager to enter into a Memorandum of Understanding with the County of San Mateo
for the repair and future negotiations to transfer ownership and management of the Alpine Road
Trail.
VOTE: 5-0-0
6. Fiscal Year 2018-19 Quarter 2 Budget Amendments (R-19-21)
Budget & Analysis Manager Carmen Narayanan presented the staff reports describing the
quarterly budget amendment process, proposed revenue and expenditure amendments, and
administrative transfer requests.
Public comments opened at 7:35 p.m.
Yvonne Tryce inquired regarding funding for the Hawthorns property nature buildings
commenting on the delays to work on the buildings due to trail planning.
Planning Manager Jane Mark provided an update on the timeline for public access at the
Hawthorns property.
Public comments closed at 7:37 p.m.
Motion: Director Riffle moved, and Director Kersteen-Tucker seconded the motion to adopt a
resolution approving the proposed Fiscal Year 2018-19 Budget Quarter 2 amendments (revenues
and expenses).
VOTE: 5-0-0
7. 2019 Special Park Districts Forum (R-19-20)
Public Affairs Specialist II Cydney Bieber provided an update on the 2019 Special Park Districts
Forum (SPDF) being cohosted by the District and the East Bay Regional Park District (EBRPD).
Ms. Bieber described the purpose of the SPDF and events being hosted by the District. Finally,
Ms. Bieber explained how to participate in the SPDF.
Director Hassett commented on the importance of providing information to participants as they
are traveling to the various locations.
Meeting 19-03 Page 5
Director Kersteen-Tucker commented on the need to publicize the event to local and regional
partners.
Ms. Bieber reported the EBRPD is handling publicity and several regional agencies have been
invited.
Director Cyr encouraged staff members to attend since the SPDF is local.
Public comments opened at 7:55 p.m.
No speakers present
Public comments closed at 7:55 p.m.
No Board action required.
8. Informational Update on the Development of the Prescribed Fire Program (R-19-
16)
Mr. Malone explained that the prescribed fire program will help the District respond to the
increasing wildfire dangers in California and described the District’s current activities,
equipment, and procedures aimed at preventing and responding to wildfires. In addition to fire
response and prevention, the District does work through its integrated pest management and
grazing programs to reduce fuel.
Senior Resource Management Specialist Coty Sifuentes-Winter described the objective and goals
of the prescribed fire program, including public safety and education, wildfire response training,
and agricultural use of land resources. Mr. Sifuentes-Winter explained development of the
prescribed fire program is ongoing and includes stakeholder and public meetings, policy review,
site visits, and consultation with the Bay Area Air Quality Management District. At the Board’s
retreat in December, the Board approved a new strategic objective to work with fire agencies and
surrounding communities to strengthen the prevention of, preparation for, and response to
wildland fires. This represents an increased scope, so additional review and development is
needed. As the District and its consultants inventory and monitor wildland fuels, they share the
information with other land management agencies. Finally, Mr. Sifuentes-Winter reviewed the
proposed timeline for the prescribed fire program development.
Director Riffle requested additional clarification regarding training District staff on wildfire
response.
Mr. Sifuentes-Winter described all of the various District classifications that already receive this
training.
Director Riffle commented on the potential cost of the prescribed fire program.
Mr. Sifuentes-Winter explained that as part of the consultant’s contract, they will be
investigating the potential cost of implementation and the most effective use of funds.
Additionally, staff is seeking grant funds to supplement District funds.
Meeting 19-03 Page 6
Director Siemens suggested the prescribed fire program may be able to be folded into the
restoration forestry program.
Public comments opened at 8:34 p.m.
Rich Sampson with CalFire Resource Management expressed his pleasure that the District is
moving forward with the prescribed fire program and the reduction of wildland fuels. Mr.
Sampson expressed the desire of CalFire to continue to work with the District moving forward
and encouraged working through CEQA requirements on a project-by-project basis.
Jim Wickett landowner in the Woodside area spoke regarding the need to prepare for emergency
access to District and nearby lands during wildfires. Mr. Wickett spoke in favor of expanding the
current project scope to reduce fuel loads and in favor of restoration forestry.
Denise Enea of the Woodside Protection District spoke in favor of fuel reduction to reduce
wildfire risk and decrease wildfire intensity. Ms. Enea spoke in favor of prescribed burning in
the grassland areas and expressed concern regarding prescribed burns in the eastern area of the
Woodside Protection District.
Patty Ciesla Executive Director of the Santa Clara County FireSafe Council commented on
upcoming projects in Santa Clara County to protect roadways for public safety and exit routes.
Ms. Ciesla recommended the District pursue projects along roadways to maintain safe exit
routes. Ms. Ciesla reported the FireSafe Council contracts with the City of Palo Alto to complete
similar work, and suggested the District consider a similar contract. Finally, Ms. Ciesla
encouraged increasing defensible space around homes and other buildings.
Public comments closed at 8:55 p.m.
No Board action required.
INFORMATIONAL MEMORANDUM
• Customer Relationship Management System and General Information Emails
• Highway 17 Wildlife and Regional Trail Crossings Final Revised Alternatives Report,
Summary of Public Comments, and Next Steps
• District Permit Exemption Legislation Update
INFORMATIONAL REPORTS
A. Committee Reports
Director Hassett reported the Legislative, Funding, and Public Affairs Committee met on
February 5, 2019.
B. Staff Reports
General Manager Ana Ruiz reported the District will be receiving a Community Partnership
award from the San Jose Conservation Corps and Charter School. On Tuesday, the District
received the Integrated Pest Management Achievement Award from the California
Meeting 19-03 Page 7
Environmental Protection Agency. The District recently received a letter from the City of
Saratoga requesting additional funds for the Saratoga to the Sea Trail, and additional information
will be provided to the Board at the upcoming Board retreat.
C. Director Reports
The Board members submitted their compensatory reports.
Director Riffle commented on a current opening for the San Francisco Restoration Authority and
suggested the Board discuss this at an upcoming Board meeting. Recently the neighbors in the
Kings Mountain area requested dog access at Purisima Creek and asked staff to return with
options for responding to the request.
By consensus, the Board directed staff to return with a future Board agenda item on the topic.
Director Kersteen-Tucker announced a new agency is proposed for San Mateo County to address
the challenges of flooding, sea level rise, and coastal erosion. The District may want to consider
acting as a collaborator with the agency, similar to the San Mateo Resource Conservation
District.
President Siemens reported his attendance at the District’s legislative lunch in Sacramento.
ADJOURNMENT
President Siemens adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:14 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk