HomeMy Public PortalAbout20150513 - Minutes - Board of Directors (BOD)Board Meeting 15-13
*Approved by the Board of Directors on June 24, 2015
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, May 13, 2015
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
CALL TO ORDER
President Siemens called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 5:00 p.m.
ROLL CALL
Members Present: Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt
Riffle, and Pete Siemens
Members Absent: Jed Cyr
Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, and
Controller Mike Foster
ORAL COMMUNICATIONS
None. The Board convened into closed session at 5:00 p.m.
1. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(GOVERNMENT CODE SECTION 54957(b)(1))
Title of Employees: Controller, General Counsel and General Manager
ADJOURNMENT
President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:00 p.m.
Meeting 15-13 Page 2
REGULAR MEETING
CALL TO ORDER
President Siemens called the Regular Meeting of the Midpeninsula Regional Open Space District
to order at 7:04 p.m.
President Siemens reported the Board met in closed session, and no reportable action was taken.
ROLL CALL
Members Present: Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt
Riffle, and Pete Siemens
Members Absent: Jed Cyr
Staff Present: General Manager Steve Abbors, Assistant General Manager Kevin
Woodhouse, Assistant General Manager Ana Ruiz, General Counsel
Sheryl Schaffner, Controller Mike Foster, Operations Manager Michael
Newburn, Planning Manager Jane Mark, Casey Hiatt GIS Administrator,
Senior Planner Tina Hugg, Real Property Manager Mike Williams, Senior
Real Property Specialist Allen Ishibashi, and Interim District Clerk Kim
Marie Smith
ORAL COMMUNICATIONS
None.
ADOPTION OF AGENDA
President Siemens stated that Item 9 will be heard after Item 7 followed by Items 8, 11 and 10, in
that order.
Motion: Director Kishimoto moved, and Director Riffle seconded the motion to adopt the
agenda, as amended.
VOTE: 6-0-0 (Director Cyr absent.)
SPECIAL ORDER OF THE DAY
Assistant General Manager Ana Ruiz introduced Frank Hernandez, Finance & Budget Analyst II
for the Administrative Services Department.
Natural Resources Manager Kirk Lenington introduced Coty Sifuentes-Winter, Integrated Pest
Management Coordinator.
CONSENT CALENDAR
1. Approve Claims Report
Meeting 15-13 Page 3
2. Written Communications: Karl Rowley
3. Contract for Completion of the Mindego Ranch Remediation and Demolition
Project at Russian Ridge Open Space Preserve (R-15-75)
General Manager’s Recommendation: Authorize the General Manager to enter into a contract
with Randazzo Enterprises, Inc., of Castroville, CA, for a not-to-exceed amount of $180,055 to
complete the Mindego Ranch Remediation and Demolition Project at the Russian Ridge Open
Space Preserve. The not-to-exceed amount includes a base bid of $145,995 for demolition and
remediation, a 15% contingency amount of $21,900, and an allowance of $12,160 for potential
stand down time related to delays to protect the federally-endangered San Francisco garter snake,
if encountered during construction.
4. Contract for Legal Services in Litigation, Mahronich et al v. Presentation Center, et
al. (R-15-80)
General Manager’s Recommendation: Approve a contract with Howard Rome Martin & Ridley
LLP for an amount not-to-exceed $30,000 for legal services relating to pending litigation.
5. Special Legal Services Contract relating to Real Property Issues (R-15-76)
General Manager’s Recommendation: Approve the proposed contract with Price, Postel &
Parma, LLP, for Special Legal Services relating to Real Property for a total not-to-exceed
amount of $100,000
Motion: Director Hassett moved and Director Harris seconded the motion to adopt the Consent
Calendar.
VOTE: 6-0-0 (Director Cyr absent.)
BOARD BUSINESS
6. Appointment of Chris Furniss and Natalie Hanna as Peace Officers (R-15-61)
Operations Manager Michael Newburn introduced Chris Furniss and Natalie Hanna as the
District’s two newest rangers.
Motion: Director Riffle moved, and Director Hanko seconded the motion to adopt two
resolutions of the Board of Directors of the Midpeninsula Regional Open Space District
appointing Chris Furniss and Natalie Hanna as Peace Officers.
VOTE: 6-0-0 (Director Cyr absent.) Rangers Chris Furniss and Natalie Hanna were sworn in as District Rangers by Mr. Newburn. Kevin Moon, his brother in law, performed the badging ceremony for Chris Furniss Supervising Ranger Chris Barresi performed the badging for Natalie Hanna.
Meeting 15-13 Page 4
7. Resolution Approving Documents Relating to Issuance of General Obligation
Bonds, Series 2015A (R-15-72)
Controller Mike Foster described the first tranche of bonds, which are planned to go on sale in
July 2015. The bonds will have debt service of approximately $2.5 million over 30 years, and
the current interest rate is approximately 3.8%. Mr. Foster described the next steps of the
process, including a presentation to Standard & Poors and Fitch on July 9th, determination of
whether any taxable bonds will be issued, and choosing an underwriter. The finalized interest
rate and audited financial statement will be included in the final Official Statement.
Director Harris stated that on page A-25 San Joaquin County is listed as being to the east of San
Mateo County and requested removal of Marin from the metropolitan district composition
description of San Mateo County on page A-27.
Director Siemens stated that in the fourth sentence of the second paragraph on A-8 it should be
corrected to say September 2015 instead of 20134.
Public hearing opened at 7:29 p.m.
No speakers present.
Public hearing closed at 7:29 p.m.
Motion: Director Hanko moved, and Director Kishimoto seconded the motion to adopt a
Resolution of the Board of Directors of the Midpeninsula Regional Open Space District
authorizing the issuance and sale of General Obligation Bonds, Series 2015A, approving an
Official Statement, and providing other matters properly related thereto.
VOTE: 6-0-0 (Director Cyr absent.)
8. Resolution of Support Endorsing Six Priority Conservation Areas in San Mateo
County and Nine Priority Conservation Areas in Santa Clara County nominated by the
Midpeninsula Regional Open Space District; and a Resolution of Support for Two Priority
Conservation Areas Nominated by the California State Coastal Conservancy and a
Resolution of Support for One Priority Conservation Area Nominated by the City of Menlo
Park (R-15-73)
Item 8 was heard after Item 11.
Planning Manager Jane Mark provided an overview of the project since staff last reported on this
item to the Board of Directors in January 2015. Ms. Mark explained that the District notified the
affected local jurisdictions with the Priority Conservation Areas (PCAs) in the spheres of
influence of the District’s desire to have the lands declared as PCAs. District staff received
requests from these jurisdictions to have additional lands included in the District’s PCA
application. Ms. Mark explained that District lands are also being included in the PCA
applications for other jurisdictions, including Ravenswood Open Space Preserve as part of
Menlo Park’s proposed Baylands PCA. Finally, Ms. Mark explained PCA designations can help
agencies attract funding for projects within a Priority Conservation Area, such as restoration
Meeting 15-13 Page 5
work or long-term agricultural preservation efforts, and if approved, 95% of the District’s lands
will have a PCA designation.
Director Kishimoto inquired why all District lands do not have a PCA designation.
Ms. Mark explained that a scientific justification is needed for PCA designation. The work
completed through the District’s Vision Plan has largely informed the application for the PCA
designation application.
Public hearing opened at 9:10 p.m.
No speakers present.
Public hearing closed at 9:10 p.m.
Motion: Director Riffle moved, and Director Hassett seconded the motion to:
1. Adopt a resolution of support endorsing the nomination of six (6) Priority Conservation
Areas in San Mateo County and nine (9) Priority Conservation Areas in Santa Clara
County, as well as the PCA designation categories selected for the existing and new
Priority Conservation Areas.
2. Adopt resolutions of support for the nomination of the following Priority Conservation
Areas by other agencies: 1) the Menlo Park and East Palo Alto Baylands, which includes
Ravenswood Open Space Preserve, nominated by the City of Menlo Park and 2) the
corridors for the California Coastal Trail and San Francisco Bay Area Water Trail
nominated by the California State Coastal Conservancy.
VOTE: 6-0-0 (Director Cyr absent.)
9. Intent to Accept a Gift of a Conservation Easement over three Los Trancos County
Water District Parcels, two located in unincorporated San Mateo County (Assessor Parcel
Numbers 080-060-126 and 080-071-010) and one located in the Town of Portola Valley
(Assessor Parcel Number 080-241-410) (R-15-77)
Item 9 was heard after Item 7.
Assistant General Manager Ana Ruiz stated that acceptance of the Conservation Easement is a
result of the ongoing dissolution of the Los Trancos County Water District (LTCWD). Ms. Ruiz
described the locations, natural features of, and structures on the properties. Ms. Ruiz described
the terms of the conservation easements, including a duty to preserve and protect the
conservation values of the easements, the ability to enter the properties to monitor for
compliance, and notify fee title holders of any noncompliance.
Director Riffle inquired about the requirements of monitoring the easement.
Ms. Ruiz explained monitoring is completed by the Real Property department. The monitoring is
completed on various schedules for the District’s approximately 25 conservation easements.
When the Land and Facilities department is created, that department’s staff will take over
monitoring, which typically involves creation of a baseline document to which periodic photos
and notes will be compared to subsequent site visits.
Meeting 15-13 Page 6
Public hearing opened at 7:50 p.m.
Bill Coats, President of Los Trancos County Water District, stated the LTCWD cannot currently
commit to cost reimbursement for the baseline document, but money has been set aside to cover
various aspects of the dissolution.
Charlie Krenz, member of the Silicon Valley Mountain Bikers Association, spoke in favor of a
400 foot proposed trail on the Red Shed property that would connect to Portola Valley trails.
Mr. Krenz also stated that the community is very active on this property and expressed the
thanks of the community that the District is accepting the conservation easements.
David Swernoff spoke regarding the historic value of the Red Shed and spoke in favor of the
District eventually owning the property.
Jerry Hearn, resident of Los Trancos Woods, expressed support for the conservation easements
and spoke in favor of a single owner of the properties. Mr. Hearn also stated that there are a
number of individuals willing to work with the District to monitor the properties.
Public hearing closed at 8:06 p.m.
Motion: Director Kishimoto moved, and Director Hassett seconded the motion to:
1. Authorize the General Manager to negotiate the terms and conditions of a Conservation
Easement over three Los Trancos County Water District parcels with San Mateo County and
Woodside Fire Protection District, the successors in interest to the LTCWD property, to
conform to the terms specified in the staff report. Additionally, the District will be
reimbursed for fulfilling the responsibilities of the conservation easement, including creation
of the baseline document and ongoing monitoring. This authorization is contingent upon the
completion of the LTCWD dissolution and transfer of properties as further described in the
staff report.
2. Direct the General Manager to return to the Board of Directors for acceptance of the
Conservation Easement once the various dissolution and property transfer approvals are
secured through other agencies.
Director Hassett expressed his concerns regarding the potential costs of the conservation
easements that the District is currently unaware of and suggested the District be indemnified
against various liabilities.
VOTE: 6-0-0 (Director Cyr absent.)
10. Proposed Purchase of the Ashworth Property as an addition to La Honda Creek
Open Space Preserve located on Bear Gulch Road in unincorporated San Mateo County
(Assessor’s Parcel Number 075-340-240) (R-15-74)
Item 10 was heard after Item 8.
Senior Real Property Agent Allen Ishibashi provided the staff report describing the location and
features of the Ashworth property. Mr. Ishibashi explained that the purchase of the Ashworth
property brings the La Honda Creek Open Space Preserve and El Corte de Madera Creek Open
Space Preserve closer to connecting. Mr. Ishibashi stated that the purchase of the Ashworth
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property is a Measure AA project important to a future Bay Area Ridge Trail connection
between the two preserves. Finally, Mr. Ishibashi described the use and management
considerations for the property and the terms and conditions of the sale.
Public hearing opened at 9:17 p.m.
No speakers present.
Public hearing closed at 9:17 p.m.
Motion: Director Hanko moved, and Director Harris seconded the motion to:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Ashworth property.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff
report.
4. Indicate the intention to withhold the Ashworth property as public open space.
VOTE: 6-0-0 (Director Cyr absent.)
11. Proposed purchase of the Peninsula Open Space Trust (Hendrys Creek) property in
partnership with Santa Clara Valley Water District as an addition to the Cathedral Oaks
Area of the Sierra Azul Open Space Preserve, located at 20610 Aldercroft Heights Road,
Los Gatos in unincorporated Santa Clara County (Santa Clara County Assessor’s Parcel
Numbers 558-27-007, 558-27-008, and 558-51-005) (R-15-71)
Item 11 was heard after Item 9.
Real Property Manager Mike Williams provided the staff report describing the Hendrys Creek
property, its location, history, and structures on the property. Mr. Williams described the habitat
and resource values of the property and the property’s transaction history. Mr. Williams outlined
the terms and conditions of the purchase, easement terms, and long term management plan.
Director Hassett inquired regarding passage over the Hendrys Creek 14 road crossings and
whether the crossings would need to be able to handle the weight and size of firefighting
apparatus.
Senior Planner Meredith Manning explained there will be a seasonal wet crossing, if necessary,
at the main stem of the creek where District patrol vehicles will be able to reach the area if
needed. All other road crossings will be removed.
Public hearing opened at 8:37 p.m.
Tricia Suvari, Vice President of POST in charge of land transactions, spoke in support of the
District’s purchase and expressed her thanks to the District for its management of the property.
Ngoc Nguyen, engineering unit manager at Santa Clara Valley Water District, thanked the Board
and the District for their support for the purchase of the property and the conservation easement
that will allow the Santa Clara Valley Water District to complete its mitigation monitoring
obligations.
Meeting 15-13 Page 8
Public hearing closed at 8:44 p.m.
Motion: Director Riffle moved, and Director Hanko seconded the motion to:
1. Adopt a Resolution approving the Initial Study/Mitigated Negative Declaration and the
Mitigation Monitoring Program for Hendrys Creek Project in accordance with the
California Environmental Quality Act, and adopt the findings set out in the Draft
Resolution.
2. Adopt a Resolution authorizing execution of a Memorandum of Understanding with
Peninsula Open Space Trust and Santa Clara Valley Water District to purchase the
property and convey a Conservation Easement and Long-term Management Plan to Santa
Clara Valley Water District.
3. Adopt the Amended Preliminary Use and Management Plan, which will be incorporated
into the Long-term Management Plan, and name the property as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve.
4. Dedicate the property as public open space pursuant to the District’s Annual Policy for
Dedication of Lands.
VOTE: 6-0-0 (Director Cyr absent.)
INFORMATIONAL REPORTS
A. Committee Reports
Director Hanko reported the Legislative, Funding and Public Affairs Committee will be meeting
soon to discuss a memorial bench to honor Herb Grench, the District’s first General Manager.
Director Siemens reported the Board Appointee Evaluation Committee met.
B. Staff Reports
Assistant General Manager Ana Ruiz reported that she and Planning Manager Jane Mark met
with Sara Rosenthal, aide to San Mateo County Supervisor Don Horsley, to discuss streamlining
the county’s planning permit process. Ms. Ruiz also reported that the first Mt. Umunhum
Conservancy site tour is scheduled for Saturday.
Assistant General Manager Kevin Woodhouse provided comments regarding implementation of
the Financial and Operational Sustainability Model Study.
General Counsel Sheryl Schaffner provided an update regarding a lawsuit by neighbors to the
Wozniak property along Summit Road in the Santa Cruz Mountains. Santa Cruz County’s
Environmental Impact Report related to the county’s approving permits for special events to be
held on property adjacent to the Bear Creek Redwoods Open Space Preserve.
C. Director Reports
The Board submitted their compensatory forms to the District Clerk.
Director Riffle reported that he spoke at a meeting of the League of Women Voters regarding the
current status of Measure AA implementation. Mr. Riffle also provided comments on a seminar
Meeting 15-13 Page 9
held by the District about engaging Latino communities.
Director Kishimoto reported that she toured the Bear Creek Redwoods with staff and also
attended the seminar regarding engaging Latino communities.
Director Hassett reported that he, Director Cyr, and Director Siemens attended the ribbon-cutting
ceremony at the Ancient Oaks Trail extension.
Director Hassett also reported that he attended the Wingding event at Skyline Ranch.
ADJOURNMENT
President Siemens adjourned the meeting at 9:40 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk