HomeMy Public PortalAbout20160914 - Minutes - Board of Directors (BOD)
September 14, 2016
Board Meeting 16-22
*Approved by the Board of Directors on September 28, 2016
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
September 14, 2016
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
President Kishimoto called the special meeting to order at 5:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner,
Assistant General Manager Ana Ruiz, Real Property Manager Mike
Williams, Planner III Gretchen Laustsen
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Portions of San Mateo County Assessor’s Parcel Numbers 093-590-030,
093-590-050 and 093-590-060
Agency Negotiator: Michael Williams Real Property Manager
Negotiating Party: Brian Morelli, Senior Right of Way Agent, San Francisco Public
Utility Commission
Under Negotiation: Public Trail Easement
Negotiating Party: Sean Charpentier, Assistant City Manager, City of East Palo Alto
Under Negotiation: Memorandum of Understanding regarding Public Trail Easement
2. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION.
Government Code Section 54957(b)(1)
Title of Employees: Controller
General Counsel
General Manager
Meeting 16-22 Page 2
CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS. Government
Code Section 54957.6
Agency designated representatives: Board of Directors
Unrepresented Employees: District Controller
General Counsel
General Manager
Public comments opened at 5:00 p.m.
No speakers present.
Public comments closed at 5:00 p.m.
The Board convened into closed session.
All staff members left closed session at 5:40 p.m.
President Kishimoto adjourned the special meeting at 6:57 p.m.
REGULAR MEETING
President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:01 p.m.
President Kishimoto reported the Board met in closed session, and no reportable action was
taken.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, Chief Financial Officer/
Administrative Services Director Stefan Jaskulak, General Counsel Sheryl
Schaffner, District Clerk Jennifer Woodworth, Planning Manager Jane
Mark, Engineering and Construction Manager Jason Lin, Capital Project
Manager III Dale Grogan, Capital Project Manager II Zach Alexander,
Natural Resources Manager Kirk Lenington, Real Property Manager Mike
Williams, Senior Real Property Agent Allen Ishibashi
ORAL COMMUNICATIONS
Jess Brown, representing the San Mateo County Farm Bureau, spoke regarding a meeting he had
requested with the Board of Directors and stated he just received a response to his July
correspondence.
Meeting 16-22 Page 3
SPECIAL ORDERS OF THE DAY
• Informational Presentation by Project Manager Lotina Nishijima from the Santa Clara
Valley Water District regarding the Permanente Creek Flood Protection Project at Rancho San
Antonio
Santa Clara Valley Water District (SCVWD) Project Manager Lotina Nishijima described the
history and objectives of the Permanente Creek Flood Protection Project. Extensive outreach was
completed during the project’s planning and design process. Major project elements include
floodwalls, channel widening, and flood detention areas, including at Rancho San Antonio Park.
At Rancho San Antonio, there will be two detention basins, new parking areas, new native tree
plantings, and a new restroom. Construction is expected to last from December 2016 to
December 2018. SCVWD staff is working with Santa County Parks and District staff to
reexamine the proposed layout of the new parking lot, which will be opened before the old
parking lot is demolished. Portions of the Hammond-Snyder and South Meadow trails will be
closed during construction.
Director Riffle inquired what type of notices would be on place for members of the public to be
able to contact SCVWD staff.
Kristen Yasukawa, member of the SCVWD’s Communication Unit described where the notices
would be placed and stated banners would also be posted on the fencing. Currently, temporary
signs are in place to notify visitors of the upcoming project.
Director Hanko commented on visitors seeking peace and quiet at the preserves.
Ms. Nishijima stated an outreach meeting is planned to be held in Cupertino, and last year a
meeting was held at the Forum Skilled Nursing Facility to inform them of the project. Residents
were largely in support of the project.
Director Riffle expressed his concern regarding the lower number of equestrian parking spots.
Assistant General Manager Kevin Woodhouse spoke regarding the current driving pattern of the
parking area, and the proposed equestrian parking area will be safer for equestrian trailers and
other drivers. Based on observations of the parking lots on a Saturday morning and visitor usage
survey data, equestrian use of the preserve is 1-2%. The parking lot designs for the project aim to
maximize parking areas for equestrian trailers and other drivers as much as possible. Creating
additional parking areas would require an amendment to the Santa Clara County Master Plan.
Director Kishimoto requested additional information regarding possible selenium deposits in the
detention basin.
Ms. Nishijima explained the operation and maintenance plan anticipates only one foot of
sediment over the course of a hundred years. When any sediment would be removed from the
basin, it would be tested for selenium and disposed of appropriately.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
Meeting 16-22 Page 4
VOTE: 7-0-0
CONSENT CALENDAR
Director Hassett pulled Item 3 from the Consent Calendar.
Public comment opened at 7:59 p.m.
No speakers present.
Public comment closed at 7:59 p.m.
Motion: Director Hassett moved, and Director Harris seconded the motion to approve the
Consent Calendar, with the exception of Item 3.
VOTE: 7-0-0
1. Approve August 10, 2016 and August 24, 2016 Minutes
2. Approve Claims Report
Director Harris requested additional information regarding the check to Management Partners.
General Manager Steve Abbors explained Management Partners conducted a review of the
General Manager’s Office to identify processes that can be more efficient and streamlined.
3. Vegetation Management for Fire Protection at Bear Creek Redwoods Open Space
Preserve (R-16-108)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Ecological Concerns, Inc. of
Santa Cruz, California in the amount not to exceed $47,000.00 to provide vegetation
management services at Bear Creek Redwoods Open Space Preserve in Fiscal Year 2016-
17.
2. Authorize the General Manager to extend the above contract in the amount not to exceed
$28,000 in Fiscal Year 2017-18 to provide vegetation management services at Bear
Creek Redwoods Open Space Preserve if the Board approves this funding in the FY2017-
18 budget.
Public comment opened at 8:01 p.m.
Jenny Whitman thanked staff for the various clearing the projects the District has done for fire
protection and management.
Melany Moore shared projects that are in progress or completed by Bear Creek Stables to
prepare for possible fires.
Public comment closed at 8:04 p.m.
Meeting 16-22 Page 5
Motion: Director Hassett moved, and Director Cyr seconded the motion to approve the Item 3.
VOTE: 7-0-0
4. Update Board Policies 3.01 (Financial Instrument Signatories) and 3.02 (Safe
Deposit Box) to include the Chief Financial Officer/Director of Administrative Services as
an authorized signatory (R-16-115)
General Manager’s Recommendation: Approve a resolution to add the position of Chief
Financial Officer/Director of Administrative Services to the list of authorized signatories and
access to the District’s safe deposit box.
BOARD BUSINESS
5. Proposed purchase and settlement agreement for the Rossetta property as an
addition to Sierra Azul Open Space Preserve located on Mt. Umunhum Road in
unincorporated Santa Clara County (Assessor’s Parcel Number 562-22-017) (R-16-111)
Senior Real Property Agent Allen Ishibashi outlined the terms and conditions of the purchase
and provided a history of the District’s negotiations and actions related to the Rossetta property.
Included in the purchase is the 19 acres with a disputed ownership claim, an additional 28-acre
inholding, unrestricted access to the Woods Trail, and provides certainty that the public will be
able to access the Mount Umunhum Summit once it has been opened. Non-Measure AA funds
are being used to purchase the property, and the ongoing lawsuit will be settled as part of the
agreement.
Director Harris requested additional information regarding the plaque honoring Mr. Rossetta’s
parents.
Mr. Ishibashi provided additional information regarding the plaque and stated it would follow the
District’s sign standards.
Director Kishimoto requested additional information regarding the spring on site.
Mr. Ishibashi stated staff does not know the spring’s current flow rate, but it will be evaluated
after the District takes possession of the property.
Public comment opened at 8:25 p.m.
No speakers present.
Public comment closed at 8:25 p.m.
Motion: Director Hanko moved, and Director Siemens seconded a motion to:
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 the purchase and settlement agreement for the Rossetta
property at a cost of $1,650,000 with a corresponding authorization for a budget
adjustment/increase of the same amount.
Meeting 16-22 Page 6
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff
report.
4. Adopt a Resolution authorizing the General Manager to file, upon close of escrow, a
notice of Williamson Act nonrenewal with the County of Santa Clara for Assessor’s
parcel number 562-22-017.
5. Withhold dedication of the Rossetta property as public open space at this time.
Motion: Director Hassett moved, and Director Cyr seconded the motion to hear Item 7 before
Item 6.
VOTE: 7-0-0
6. Award of Contract and Related Professional Services Contract Amendment for the
Sears Ranch Road Drainage Upgrade Project (Project) at La Honda Creek Open Space
Preserve (R-16-114)
Item 6 was heard after Item 7.
Engineering & Construction Manager Jay Lin proved the staff report explaining the project will
significantly reduce the amount of sediment from the existing road network eroding into the
surrounding creeks. Completion of the project is critical to the opening of the La Honda Creek
open space preserve in 2017.
Director Harris asked if the road improvements are for the grazing tenants or for public access.
Capital Project Manager III Dale Grogan explained they are for hiking, equestrian, and patrol
purposes and to assist the grazing tenant.
Public comment opened at 9:39 p.m.
No speakers present.
Public comment closed at 9:39 p.m.
Motion: Director Hassett moved, and Director Hanko seconded a motion to:
1. Authorize the General Manager to enter into a contract with Grade Tech, Inc., of Castro
Valley, CA, for a base contract amount of $415,960.
2. Authorize a 10% construction contract contingency in the amount of $41,596 to be
reserved for unanticipated issues, thus allowing the total contact amount not-to-exceed
$457,556.
3. Authorize the General Manager to amend an existing professional services agreement
with Tim Best, CEG, for additional design services to support the Project in the amount
of $2,594.
4. Adopt a Resolution approving a budget adjustment/increase in the amount of $207,150 to
the Fiscal Year (FY) 2016-17 District budget to fund the Project.
VOTE: 7-0-0
Meeting 16-22 Page 7
7. Site Cleanup and Demolition of Structures in the former Driscoll Ranch Area of La
Honda Creek Open Space Preserve (R-16-112)
Item 7 was heard after Item 5.
Water Resource Specialist and Project Manager Aaron Hébert provided the staff presentation
describing the various structures recommended for demolition. Current Board policy offers
considerations for reviewing structures considered for demolition. Mr. Hébert displayed photos
showing the condition of structures inside and out, described structural deficiencies, hazardous
materials on site, and the potential resources needed to maintain the structures. Additionally, the
grazing tenant does not have any use for the structures proposed for demolition. Mr. Hébert
described the extensive repairs that would be needed to make the Wool Ranch House habitable
totaling approximately $400,000 and more than $200,000 for road repair to access the house.
Director Hassett suggested staff compile photographs of the structures in their former condition
to acknowledge their former uses and the time period they represent.
Director Hanko inquired if there is wildlife living inside the structure that should be protected.
Mr. Hébert mentioned several species that could live in the structures and recommended
biological monitoring to protect and remove potential wildlife from the structures.
Public comment opened at 9:11 p.m.
Sarah Rosendahl, legislative aide for San Mateo County Supervisor Don Horsley, spoke in favor
of demolishing the structures recommended for demolition, and expressed the hope that the
District will choose to replace the houses in the future. In the future Supervisor Horsley would
like to work with the District on housing in San Mateo County.
Public comment closed at 9:13 p.m.
Director Riffle inquired regarding future replacement of the housing and outbuildings.
Property Management Specialist Elaina Cuzick explained the current grazing resident has
suggested he may need additional corrals and hay barns in the future. Currently, the house above
the Driscoll Ranch is occupied by a farm labor tenant. District staff will return in the future with
options for replacing the demolished house for his use.
Director Hanko suggested staff reach out to the public to determine any interest in the structures
for historic use.
Mr. Hébert reported he reached out to the Historic Architecture Committee, which gathered
photographs of the structures before determining they did not have historic value.
Director Kishimoto spoke in favor of a master cultural plan for the entire District to determine
what structures are worth preserving throughout the District.
Motion: Director Hassett moved, and Director Siemens seconded a motion to approve the
removal of debris piles and the demolition of the following 12 structures in the former Driscoll
Meeting 16-22 Page 8
Ranch area of La Honda Creek Open Space Preserve to prepare the area for public use: 2 houses
(one of which is County red-tagged); 2 standing barns with rotting substructures; 4 collapsed
barns; and 4 outbuildings.
VOTE: 6-1-0 (Director Hanko dissenting)
8. Final report on the sale of the 2016 Green Bonds Refunding (R-16-113)
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff
report summarizing the process to date. Through the refunding, the District will save more than
$15 million. The District sent notices to more than 20,000 members of the public to notify them
of the bond sale and published announcements in the San Jose Mercury News and San Mateo
Daily Journal, which helped lead to more than 13% of the bonds being sold to individuals in
Santa Clara and San Mateo Counties.
No Board action required.
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Facilities Ad Hoc Committee met on August 29th and September
12th.
Director Cyr reported the Legislative, Funding, and Public Affairs Committee met on August
30th to receive a legislative update and proposed trail names for trails at the La Honda Creek
open space preserve.
Director Siemens reported the Board Appointee Evaluation Committee met on September 6th.
B. Staff Reports
Legislative/External Affairs Specialist Josh Hugg described Santa Clara County’s Measure A
related to affordable housing and San Mateo County’s Measure K sales tax extension related to
health and human services funding, including affordable housing.
Director Harris spoke regarding San Mateo County’s Measure A approved in 2012 stating it
continues to benefit parks, and the District received Measure A funds for farm labor housing.
Director Harris stated that funding from Measure K is not anticipated to be allocated to
affordable housing until 2023.
Motion: Director Cyr moved, and Director Siemens seconded the motion to direct staff to return
with additional information on Measure A and Measure K at a future Board meeting.
VOTE: 6-1-0 (Director Harris dissented.)
Assistant General Manager Ana Ruiz reported staff met with neighbors of the El Sereno open
space preserve related to dog access. In general, they were supportive, and a subsequent meeting
will be held with the Sheldon Road neighbors in the near future. Construction at Mt. Umunhum
Meeting 16-22 Page 9
has begun, and staff reached out to neighbors, posted and mailed notices, and have set up a
telephone hotline for people to contact with questions or concerns. The environmental
documents and preserve plan for the Bear Creek Redwoods preserve will be released Friday. The
telecommuting policy has been implemented for District staff.
Assistant General Manager Kevin Woodhouse provided an update of the District’s work with the
San Mateo County Farm Bureau and their concerns related to grazing and public access. The
Farm Bureau requested indemnification of the tenants by the District, and the District declined in
the letter provided to the Board. Staff has provided an FYI to provide additional background
information.
General Manager Steve Abbors reported his attendance at a meeting of the Santa Clara County
City Manager’s Association. Many of the City Managers are bringing Measures A and B to their
own city councils for consideration.
C. Director Reports
The Board members submitted their compensatory reports.
Director Hassett commented on the extensive brush clearing along Highway 35 for fire
prevention.
Director Siemens reported his attendance at the Santa Clara County Special District’s
Association meeting.
Director Hanko spoke in favor of a shuttle system for Rancho San Antonio.
Director Harris spoke regarding a new shuttle service in San Mateo County to access various
parks in San Mateo County funded by a grant from San Mateo Transportation Authority.
Saturdays and Sundays for two years.
Director Kishimoto reported her attendance at a meeting of the Santa Clara Valley Water
District’s Water Commission.
ADJOURNMENT
President Kishimoto adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 10:34 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk