HomeMy Public PortalAbout20180411 - Minutes - Board of Directors (BOD)
April 11, 2018
Board Meeting 18-14
*Approved by the Board of Directors on April 25, 2018
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, April 11, 2018
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 5:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, and Curt Riffle
Members Absent: Yoriko Kishimoto and Pete Siemens
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Acting Assistant General Manager Christine Butterfield, Real
Property Manager Mike Williams, Senior Real Property Specialist Allen
Ishibashi
Public comments opened at 5:30 p.m.
No speakers present.
Public comments closed at 5:30 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Santa Clara County APN(s): 562-23-007
Agency Negotiator: Allen Ishibashi, Sr. Real Property Agent
Negotiating Party: Ismael Benhamida, Broker, Marcus & Millichap
Under Negotiation: Purchase Terms
Acting General Manager Ana Ruiz, Acting Assistant General Manager Christine Butterfield,
Real Property Manager Mike Williams, and Senior Real Property Specialist Allen Ishibashi left
the meeting at 6:12 p.m.
Meeting 18-14 Page 2
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. GOVERNMENT CODE
SECTION 54957(B)(1)
Title of Employee: Acting General Counsel
ADJOURNMENT
President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:48 p.m.
REGULAR MEETING
President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to
order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Pete Siemens, and Curt Riffle
Members Absent: Yoriko Kishimoto and Pete Siemens
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Chief Financial Officer/Director of Administrative Services
Stefan Jaskulak, Acting Assistant General Manager Christine Butterfield,
District Clerk/Assistant to the General Manager Jennifer Woodworth, Real
Property Manager Mike Williams, Senior Real Property Agent Allen
Ishibashi, Grants Specialist Melanie Askay
President Cyr appointed Director Hanko to act as Secretary Pro Tempore for the meeting.
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Hassett seconded the motion to adopt the agenda.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent)
SPECIAL ORDERS OF THE DAY
• Introduction of staff
O Carmen Narayanan, Budget & Analysis Manager
O Matt Anderson, Visitor Services Manager
CONSENT CALENDAR
Director Riffle pulled Item 4 from the consent calendar.
Meeting 18-14 Page 3
Public comment opened at 7:12 p.m.
No speakers present.
Public comment closed at 7:12 p.m.
Motion: Director Harris moved, and Director Riffle seconded the motion to approve the Consent
Calendar, with the exception of item 4.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent)
1. Approve March 28, 2018 Minutes
2. Claims Report
3. Award of Contract for Engineering and Design of Two New Trail Loops at La
Honda Creek Open Space Preserve (R-18-37)
Acting General Manager’s Recommendation:
1. Authorize the Acting General Manager to enter into a contract with Fall Creek
Engineering for a base contract amount of $147,590.
2. Authorize a 15% contingency of $22,138, to be expended only if necessary to cover
unforeseen conditions, for a total not-to-exceed contract amount of $169,728.
4. Legislative Action Recommendations (R-18-34)
Director Riffle requested clarification regarding the Midpen’s position on Senate Bill 1414.
Acting General Manager Ana Ruiz reported Midpen did not initiate the legislation and is
monitoring the legislation and may reexamine its position in the future as the legislation
progresses.
Director Riffle suggested Midpen may want to research legislative options for lowering the
threshold for passage of special district tax measures from 66.7% to a majority.
Director Hanko suggested the topic could be discussed at a future Board meeting to determine if
the Board was interested in staff researching the issue.
Motion: Director Riffle moved, and Director Harris seconded the motion to approve the
recommended list of legislative actions for the 2018 state legislative session.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent)
BOARD BUSINESS
5. Report from the Bond Oversight Committee to the Board of Directors for the
review period from July 1, 2016 to June 30, 2017 (R-18-36)
Meeting 18-14 Page 4
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak introduced Measure
AA Bond Oversight Committee Chair Paul Betlem.
Mr. Betlem presented the annual report that covered the review period from July 1, 2016 to June
30, 2017, including the process used by the Bond Oversight Committee (BOC) to select and
review a representative group of Measure AA transactions. Mr. Betlem reported the BOC found
that all transactions reviewed related to the Measure AA bond language.
The Board members thanked the members of the BOC for their service and staff for following
the parameters set by Measure AA.
Public comments opened at 7:35 p.m.
No speakers present.
Public comments closed at 7:35 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to accept the Measure
AA Bond Oversight Committee report for FY2016-17
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent)
6. Proposed purchase of the 23760 Alamitos Road, LLC Property as an addition to
Sierra Azul Open Space Preserve located at 23760 Alamitos Road, San Jose in
unincorporated Santa Clara County, Assessor’s Parcel Numbers 562-23-007 (R-18-35)
Senior Real Property Agent Allen Ishibashi presented the staff report describing the location of
the property, geographic features of the land, and improvements located on the property. Mr.
Ishibashi described the reasons for purchase, including Alamitos Creek watershed protection and
potential for additional public access to Midpen and Santa Clara County Open Space Authority
preserves. Since 2017, Santa Clara County has pursued litigation against the current property
owner related to health and building code violations. Mr. Ishibashi outlined the proposed
schedule for demolition of the structures, timeline for the proposed acquisition, and the proposed
terms and conditions of the purchase.
President Cyr inquired regarding the maintenance costs for the bridge.
Mr. Ishibashi explained Midpen may enter into a cost sharing agreement with Santa Clara
County Open Space Authority to maintain the bridge.
Public comments opened at 8:02 p.m.
April Halberstadt commissioner on the Santa Clara County Historical Heritage Commission
reported the Commission would like to review the results of any historical review of the
structures before demolition. Additionally, Ms. Halberstadt inquired how long the septic tanks
could be expected to leak.
Acting Land and Facilities Manager Elaina Cuzick explained this cannot be determined at this
time because staff does not know whether the septic tanks have been pumped.
Meeting 18-14 Page 5
Mr. Ishibashi reported neither Midpen staff not the owner knows where all of the septic tanks are
currently located. Mr. Ishibashi also reported staff is not currently pursuing a historic analysis of
the property because Midpen staff has been informed by Santa Clara County staff that a historic
analysis is not required for a demolition permit.
Dennis Danielson spoke in favor of Midpen acquisition and cleanup of the Twin Creeks
property.
Dan O’Day, neighbor to the property, spoke regarding the history of the property, which was
initially built by his grandfather in 1929 for summer use. Mr. O’Day explained the summer
vacation cabins began to be rented year-round and eventually fell into disrepair. Finally, Mr.
O’Day spoke in favor of Midpen purchasing the property to restore it.
Public comments closed at 8:18 p.m.
Motion: Director Riffle moved, and Director Hanko seconded the motion to:
1. Determine that the recommended actions are categorically exempt under the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the 23760 Alamitos Road, LLC property
at a cost of $2,800,000 with corresponding authorization for a Fiscal Year 2017-18 budget
increase of the same amount.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff
report.
4. Withhold dedication of the 23760 Alamitos Road, LLC property as public open space.
5. Authorize the Acting General Manager to enter into a grant agreement with the Gordon
and Betty Moore Foundation to receive $750,000 for property acquisition costs.
VOTE: 5-0-0 (Directors Kishimoto and Siemens absent)
INFORMATIONAL MEMORANDUM
• Visitor Use Level Measurement Project
• State budget request to support District purchase of San Jose Water Company land
INFORMATIONAL REPORTS
A. Committee Reports
No Committee reports.
B. Staff Reports
No staff reports.
C. Director Reports
The Board members submitted their compensatory reports.
Meeting 18-14 Page 6
Director Riffle requested the Legislative, Funding, and Public Affairs Committee consider a
memorial bench for Vince Garrod. Director Riffle reported on a recent event held by Midpen
regarding a mountain lion living in southern California that is in need of a wildlife crossing
similar to the wildlife corridor proposed for Highway 17. Finally, Director Riffle reported on his
participation in a panel to discuss urban parks.
Director Hassett requested the Legislative, Funding, and Public Affairs Committee consider a
memorial bench or trail named for Ruth Waldhauer.
Director Harris reported she will be attending the Redwood City Chamber of Commerce
Progress Seminar.
President Cyr reported his attendance at a meeting of the Santa Clara Valley Water District’s
Water Commission.
ADJOURNMENT
President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:37 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk