HomeMy Public PortalAbout20160224 - Minutes - Board of Directors (BOD)
February 24, 2016
Board Meeting 16-04
*Approved by the Board of Directors on March 9, 2016
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
February 24, 2016
APPROVED MINUTES*
SPECIAL MEETING
CALL TO ORDER
President Kishimoto called the special meeting of the Midpeninsula Regional Open Space
District to order at 5:02 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle,
and Pete Siemens
Members Absent: Larry Hassett
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Planning Manager Jane Mark, Planner III Gretchen Laustsen,
Planner III Lisa Bankosh, and District Clerk Jennifer Woodworth
1. Bear Creek Stables Site Plan (R-16-20)
Planning Manager Jane Mark summarized the previous public meetings held by the Board and its
Committees, including neighborhood outreach meetings and California Environmental Quality
Act scoping meetings.
Assistant General Manager Ana Ruiz explained that the Board is not being asked at this meeting
to choose one of the three alternatives being presented or one of the previously two alternatives
presented to the Board of Directors.
Planner III Gretchen Laustsen presented the staff report outlining three potential new alternatives
for site design for the Bear Creek Stables: (1) Phased implementation Plan for Site Design
Alternatives A; (2) Phased Implementation Plan for Sign Design Alternatives B; and (3) New
Meeting 16-04 Page 2
Minimal Site Design Alternative C. The Board may direct staff to develop the three new
alternatives in additional to the previously developed Alternatives A and B. Ms. Laustsen
described the stakeholder feedback received through previously held public meetings, including
maintaining the current character of the stables and the current number of horses being boarded
at the site.
Ms. Laustsen described the main differences between Phased Implementation of Alternatives A
and B, including number of horses boarded, order of magnitudes costs, and administrative
facilities. Ms. Laustsen outlined the public/private cost allocation for improvements to the site
based on whether the site tenant would pay costs and costs to be paid by the District, and a
potential business model for the site tenant. Ms. Laustsen described a new Alternative C,
specifically the inclusion of top priority safety improvements and resource protection measures
for the site to allow for continued operation of the stables and minimal public access.
Public comments opened at 6:12 p.m.
Lyndall Erb, member of Friends of Bear Creek Stables and Bay Area Barns and Trails, spoke in
favor of Alternative C and stated some public programs are already run from the barn on site and
can continue without a lot of infrastructure. Ms. Erb also spoke in favor of moving the project
forward quickly.
Frank Bakonyi spoke in favor Alternatives A and B and creating a vision for the site. Mr.
Bakonyi spoke in favor of selecting a tenant that will seek out alternative funding. Mr. Bakonyi
spoke in favor of having two onsite residences for caretakers and stated that the stables have
been a functioning operation for 105 years.
Allison Docker resident of Los Gatos requested a breakdown of costs for the projects and spoke
in favor of making improvements to the site because this will help reduce the turnover. Ms.
Docker also stated that additional funds could be secured for the improvements.
Anika Nelson spoke of the beautiful nature of the site and spoke in favor of making upgrades to
the site, which would help bring more people there.
Public comments closed at 6:23 p.m.
Director Siemens inquired regarding the detailed breakdown of the business model for the site
for Alternatives A and B, including how rent would be paid to the District.
Ms. Laustsen explained that those details would be worked out as part of a long term lease for
the site.
Director Harris inquired regarding interested tenants for Alternatives A and B.
Ms. Laustsen stated staff and the consultant are aware of potential tenants that would be
interested in Alternatives A and B.
Director Kishimoto inquired regarding the costs of analyzing the three new alternatives.
Ms. Lausten stated that due to many similarities among the options, staff recommends analyzing
all three new alternatives.
Meeting 16-04 Page 3
Director Riffle spoke in favor of keeping horses on the site, providing public access and access
to the boarders, and speaking with potential tenants to further analyze the business model.
Finally, Director Riffle spoke in favor of creating a vision for the site but continue to seek
alternative revenue sources to move that vision forward.
Director Siemens spoke in favor of pursuing Phased Alternative B because it allows for
necessary improvements and environmental restoration to be completed through a phased
approach.
Director Hanko spoke in favor of pursuing Alternative C, which will preserve the stables’ current
character and make necessary improvements. A future Board of Directors may pursue heavy use
of the site in the future.
Director Kishimoto spoke in favor of Alternative B due to its greater emphasis on public access.
Senior Real Property Agent Elaina Cuzick stated the Board may at a later time determine
whether the District desires to dictate the exact business model or if the Board prefers to allow a
future tenant to design their own business model in order to be profitable and meet District
requirements, such as providing public access, etc.
Motion: Director Siemens moved, and Director Cyr seconded a motion to direct the General
Manager to develop the following additional three alternatives for Board consideration at a
subsequent public meeting:
i. Phased Implementation Plan for Site Design Alternatives A
ii.
that phases in the
improvements based on level of priority and available funding. Phase I improvements
would focus on necessary safety and environmental protection improvements to provide a
safe environment for boarders, their horses and the public, and protect the site’s natural
resources. Remaining improvements would be programmed into future annual District
and tenant work plans pending funding, available capacity, and other priority needs,
resulting in phased budgeting and phased expenditures.
Phased Implementation Plan for Site Design Alternatives B
iii.
that phases in the
improvements based on level of priority and available funding. Phase I improvements
would focus on necessary safety and environmental protection improvements to provide a
safe environment for boarders, their horses and the public, and protect the site’s natural
resources. Remaining improvements would be programmed into future annual District
and tenant work plans pending funding, available capacity, and other priority needs,
resulting in phased budgeting and phased expenditures.
New Minimal Site Design Alternative C
that only identifies the necessary safety and
environmental protection improvements to provide a safe environment for boarders, their
horses, and the public, and protect the site’s natural resources, therefore limiting the total
cost of implementation.
Friendly Amendment: Director Riffle offered a friendly amendment to direct staff to further
evaluate the revenue potential for the various alternatives.
Director Siemens and Director Cyr accepted the friendly amendment.
VOTE: 6-0-0 (Director Hassett absent.)
President Kishimoto adjourned the special meeting at 6:54 p.m.
Meeting 16-04 Page 4
REGULAR MEETING – BOARD MEETING
President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:05 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Pete Siemens
and Curt Riffle
Members Absent: Larry Hassett
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, Natural Resources Manager Kirk Lenington,
Resource Management Specialist I Matt Chaney, Resource Management
Specialist I Amanda Mills, Public Affairs Manager Shelly Lewis, and
District Clerk Jennifer Woodworth
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Harris seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Hassett absent.)
SPECIAL ORDERS OF THE DAY
• Matt Chaney, Resources Management Specialist I, Natural Resources Department
• Amanda Mills, Resources Management Specialist I, Natural Resources Department
CONSENT CALENDAR
Director Harris pulled Item 1 from the Consent Calendar.
1. Approve Board Meeting Minutes:
February 10, 2016
Item 1 was heard after the consent calendar.
Director Harris expressed her desire that more defined requests for Board consensus be included
for the format for future Board retreats.
Motion: Director Harris moved, and Director Cyr seconded the motion to approve the minutes
of February 10, 2016.
Meeting 16-04 Page 5
VOTE: 6-0-0 (Director Hassett absent.)
2. Approve Claims Report
3. Appointment of District Auditor for FY2015-16 (R-16-13)
Controller’s Recommendation
: Appoint Chavan & Associates as the District’s auditor for
FY2015-16 and authorize the General Manager to execute an engagement letter agreement in the
amount of $16,500.
4. Special Legal Services Contract relating to Real Property Issues (R-16-19)
General Manager’s Recommendation
: Approve Amendment 1 to the contract with Price, Postel
& Parma, LLP, for Special Legal Services relating to Real Property for a revised total not-to-
exceed amount of $150,000.
5. Award of Contract for Research on Sudden Oak Death Preventative Methods and
Root Diseases (R-16-17)
General Manager’s Recommendation
: Authorize the General Manager to enter into a contract
with Phytosphere Research for a not to exceed amount of $76,500 for monitoring of treatment
methods to suppress the spread of Sudden Oak Death in Open Space Preserves, assisting native
plant nurseries in developing clean propagation practices, and inspecting prior planting sites in
Open Space Preserves.
Motion: Director Siemens moved, and Director Cyr seconded the motion to approve the
Consent Calendar, with the exception of Item 1.
Public comment opened at 7:11 p.m.
No speakers present.
Public comment closed at 7:11 p.m.
VOTE: 6-0-0 (Director Hassett absent.)
BOARD BUSINESS
6. Award of Contract for Highway 17 Wildlife Passage Structures and Bay Area Ridge
Trail Crossing: Conceptual Design and Feasibility Study (R-16-18)
Resource Management Specialist III Julie Andersen provided the staff report stating that wildlife
in the Santa Cruz Mountains are unable to safely pass through the mountains due to development
in the area. Ms. Andersen described research done as part of the District’s Resource Management
Grants Program, which determined that wildlife crossings in the Santa Cruz Mountains have led
to numerous mountain lion, deer, and other wildlife deaths due to vehicular collisions. Ms.
Andersen also described an existing gap in the Bay Area Ridge Trail that could be closed
through the creation of a new crossing and potential trail alignment.
Public comment opened at 7:41 p.m.
Meeting 16-04 Page 6
No speakers present.
Public comment closed at 7:41 p.m.
Motion: Director Riffle moved, and Director Harris seconded the motion to authorize the
General Manager to enter into a contract with TrailPeople located in Benicia, California for a not
to exceed amount of $120,000. This is for the conceptual design and feasibility study for the
wildlife and Bay Area Ridge Trail crossings at Highway 17 in Los Gatos near Bear Creek
Redwoods, Sierra Azul, St. Joseph’s Hill, Felton Station and El Sereno Open Space Preserves.
VOTE: 6-0-0 (Director Hassett absent.)
INFORMATIONAL REPORTS
A. Committee Reports
Director Harris reported on the February 16, 2016 Real Property Committee meeting.
Director Harris additionally provided comments regarding electric bikes and dogs being allowed
on the Bay Trail due to differing regulations for the involved agencies.
Director Riffle reported on the February 23, 2016 Real Property Committee meeting.
B. Staff Reports
District Clerk Jennifer Woodworth reported on the interview and selection process for the
members of the Bond Oversight Committee. The interviews are scheduled for March 2, 2016,
and appointment of the Committee members is currently scheduled to occur at the April 13, 2016
Board meeting.
Assistant General Manager Ana Ruiz reported the Santa Clara County Historical Heritage
Commission met on February 18th to discuss the potential listing of Mt. Umunhum Radar Tower
on the historical listing. The Commission voted to recommend historical listing of the Radar
Tower to the Santa Clara County Board of Supervisors. Ms. Ruiz provided an update on the
recruitment of the Engineering and Construction Manager. Finally, Ms. Ruiz reported that the
City of East Palo Alto will be installing and maintaining a trash bin at the Cooley Landing
Education Center parking lot to address trash being left at the site.
Assistant General Manager Kevin Woodhouse provided an update on partnerships for the
Stevens Creek fish passage, which now include the Friends of Stevens Creek Trail, Santa Clara
Valley Water District, and City of Sunnyvale. Mr. Woodhouse reported a meeting with Mt.
Umunhum neighbors will occur tomorrow night to receive input regarding patrol and safety
concerns for the area. Mr. Woodhouse provided an update on the Santa Cruz Mountain
Stewardship Network, including recruitment for a Network Director. Finally, Mr. Woodhouse
provided an update on implementation of the Financial and Operational Sustainability Model.
Chief Financial Officer Stefan Jaskulak reported on information technology upgrades to
software, infrastructure, and hardware as well as updating the GIS program. Mr. Jaskulak
reported that the FY2016-17 budget is being developed, and an internal team has been created to
issue and review four RFPs related to the District’s bond program.
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General Counsel Sheryl Schaffner reported on an upcoming litigation mediation session that will
be before in the Board in closed session following the Measure AA Bond Oversight Committee
interviews. Also staff will be bringing forward a minor modification to Improvements on District
Lands policy to delegate to the General Manager to administer the District’s eviction process
rather than requiring the Board to weigh in on a case by case basis.
General Manager Steve Abbors reported he has asked staff to meet with potential Bear Creek
Stables tenants before the item comes to the Board again to work on cost effective business
models for the site. Mr. Abbors provided an update regarding the Historical Heritage
Commission’s meeting related to the Mt. Umunhum Radar Tower.
C. Director Reports
The Board members submitted their compensatory reports.
Director Siemens reported that he presented at the Saratoga City Council to provide an update on
Measure AA projects.
Director Harris reported that she continues to see increased visitation when she visits Pulgas
Ridge in addition to seeing numerous dogs off leash and dog waste on the trail. She suggested
increased patrol of the area and potential installation of a trash can there.
Director Kishimoto reported that she will be attending the Salmonid Conference in May in
Fortuna, CA.
INFORMATIONAL MEMORANDA
• Summary of Plan for Grand Opening of Mt. Umunhum Summit
Public Affairs Manager Shelly Lewis provided a brief overview of the events planned for the
Grand Opening of the Mt. Umunhum Summit.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 8:33 p.m.
Public comments opened at 8:33 p.m.
No speakers present.
Public comments closed at 8:33 p.m.
The Board of Directors convened into closed session at 8:33 p.m.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: 4150 Sears Ranch Road, La Honda, CA, San Mateo County Assessor’s Parcel
Numbers 083-361-080, 083-361-110, and 078-290-050
Agency Negotiator: Michael Williams, Real Property Manager
Meeting 16-04 Page 8
Negotiating Party: Ara Croce, Representative for Cunha Trust
Under Negotiation: Terms of real property transaction
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to 54956.9(b): (one potential case)
ADJOURNMENT
President Kishimoto reported the Board met in closed session, and no reportable action was
taken. President Kishimoto adjourned the special meeting at 9:35 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk