HomeMy Public PortalAbout20220608 - Minutes - Board of Directors (BOD)
June 8, 2022
Board Meeting 22-15
*Approved by the Board of Directors on June 22, 2022
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, June 8, 2022
The Board of Directors conducted this meeting in accordance with California Government Code
section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33. All Board
members and staff participated via teleconference.
APPROVED MINUTES*
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
President Kersteen-Tucker 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, Karen Holman, Zoe Kersteen-Tucker, Curt Riffle,
and Pete Siemens
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Ana Ruiz
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: General Manager
Public comment opened at 6:00 p.m.
District Clerk Jennifer Woodworth reported no public comments were submitted for the closed
session.
Public comment closed at 6:00 p.m.
Director Kishimoto joined the meeting at 6:01 p.m.
The Board convened into closed session at 6:01 p.m.
ADJOURNMENT
Meeting 22-15 Page 2
President Kersteen-Tucker adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:00 p.m.
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
President Kersteen-Tucker called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:02 p.m.
ROLL CALL
Members Present: Jed Cyr, Karen Holman, Zoe Kersteen-Tucker Yoriko Kishimoto, Curt
Riffle, and Pete Siemens
Members Absent: Larry Hassett
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer Stefan Jaskulak, Assistant General Manager Brian
Malone, Assistant General Manager Susanna Chan, Controller Mike
Foster, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Controller Mike Foster, Budget & Analysis Manager Rafaela
Duran, Natural Resources Manager Kirk Lenington, Visitor Services
Manager Matt Anderson, Planning Manager Jane Mark, Land & Facilities
Manager Brandon Stewart, Engineering & Construction Manager Jay Lin,
Information Systems & Technology Manager Casey Hiatt, Public Affairs
Manager Kori Skinner, Senior Real Property Agent Allen Ishibashi,
Human Resources Manager Candice Basnight, Budget Analyst I Lupe
Hernandez, and Budget Analyst I Elly Martinez
President Kersteen-Tucker announced this meeting is being held in accordance with Government
Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33,
allowing Board members to participate remotely. The District has done its best to conduct a
meeting where everyone has an opportunity to listen to the meeting and to provide comment. The
public has the opportunity to comment on the agenda, and the opportunity to listen to this
meeting through the internet or via telephone. This information can be found on the meeting
agenda, which was physically posted at the District’s Administrative Office, and on the District
website. President Kersteen-Tucker described the process and protocols for the meeting.
ORAL COMMUNICATIONS
District Clerk Jennifer Woodworth announced there were no public comments.
SPECIAL ORDERS OF THE DAY
• Introduction of staff
o Brittany Wheatman, Planner II
o Mattea Curtis, Planner II
o Gonzalo Rozo, Ranger
o Madeline Vitti, Ranger
Meeting 22-15 Page 3
o Nicholas Bustos, Ranger
o Egan Hill, Assistant General Counsel
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Siemens seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
CONSENT CALENDAR
Public comment opened at 7:22 p.m.
Ms. Woodworth reported no public comments were submitted for the Consent Calendar items.
Public comment closed at 7:22 p.m.
Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent
Calendar.
ROLL CALL VOTE: 7-0-0
1. Approve the May 25, 2022 Board meeting minutes
2. Approve Claims Report
3. Call District Elections in Wards 1, 2, 5, and 6 and Request Election Consolidation
Services from Santa Clara, San Mateo, and Santa Cruz Counties (R-22-65)
General Manager’s Recommendation:
1. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – Santa Clara
County, Wards 1, 2, and 5.
2. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – San Mateo
County, Wards 5 and 6.
3. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – Santa Cruz
County, Ward 6.
4. Reconfirm Board Policy 1.07 (Board Elections) regarding a maximum of 200 words per
candidate statement, payment of candidate statements and, if required by the respective
county, translations of candidate statements pursuant to the Elections Code of the State of
California, in those wards where two or more candidates have qualified to appear on the
ballot.
5. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District authorizing not listing any unopposed candidate for election on the November 8,
2022 ballots of Santa Clara, San Mateo, and Santa Cruz Counties.
Meeting 22-15 Page 4
4. Annual Review of Finance Policies for Fiscal Year 2022 (R-22-70)
General Manager’s Recommendation: Confirm the Board Financial Policies, including a minor
amendment to Board Policy 3.07 – Fund Balance Policy.
5. Contract with Liebert Cassidy Whitmore for Professional Legal Services (R-22-66)
General Manager’s Recommendation: Authorize the General Manager to amend the professional
services contract with Liebert Cassidy Whitmore (LCW) to increase the contract amount by
$135,000 with expenditures to a total amount not to exceed $185,000, for labor negotiations and
employment relations matters, and to extend the contract end date from June 30, 2022 to June 30,
2024.
6. Authorization to Contribute a $1.5 Million Payment from Fiscal Year 2021-2022
Budget Savings to the Section 115 Trust Administered by Public Agency Retirement
Services (PARS) (R-22-71)
General Manager’s Recommendation: Authorize the General Manager to deposit $1.5 Million
into the Midpeninsula Regional Open Space District’s PARS account established under a Section
115 Trust to pre-fund pension obligations.
7. Earthquake Insurance Purchase for Administrative Office at 5050 El Camino Real
(R-22-72)
General Manager’s Recommendation: Authorize the General Manager to purchase Earthquake
Insurance for Administrative Office at 5050 El Camino Real with an annual premium of
$74,954.
BOARD BUSINESS
8. Consideration of the Multi-use Through Trail Alignment at Bear Creek Redwoods
Open Space Preserve (R-22-69)
Assistant General Manager Brian Malone provided opening comments stating the multi-use trail
at Bear Creek Redwoods was included in the Preserve Plan, which the Board adopted after
extensive public outreach, public comments, and public meetings. Multi-use trails are common
throughout the District’s preserves, including at Fremont Older near the Fremont Older Stables,
and all types of users are able to peacefully coexist on these multi-use trails.
Capital Projects Field Manager Bryan Apple provided the staff presentation describing the
location of the conceptual multi-use trail alignment as described in the Bear Creek Redwoods
Preserve Plan. As staff began scouting for the multi-use trail alignment, staff and consultants
identified several constraints, including geographic landslides, proximity to an unstable historic
bridge, riparian tree removals requiring extensive mitigation, and unsustainable grades. Mr.
Apple described several alternative alignments to minimize impacts from and constraints on the
trail and displayed photos of each. Mr. Apple addressed concerns raised by equestrian users and
various strategies to minimize conflict, including expanded trail brushing, informational and
regulatory signage, monitoring and assessing trail use once open to bicycles, etc. Finally, a
phased opening of the multi-use trail is another option the Board can consider.
Meeting 22-15 Page 5
Director Riffle expressed concern regarding mixing bicycles and horses near the Bear Creek
Stables and inquired about expected bike usage of the trail.
Mr. Apple stated the trail may be a popular commute route but is less likely to be a draw of
visitors to drive to the trail to ride bicycles on it. The levels and types of use may change over
time.
Director Riffle inquired about the trail building materials and the effect of lose gravel on bicycles
and equestrian users.
Mr. Apple stated the materials are the District’s all-season trail materials. The material is
compacted aggregate base material and suitable for various types of trail users.
Director Hassett requested and received additional information regarding the unstable soils near
the trail, including the monitoring of the soils, erosion prevention, and how problems would be
regulated.
Director Siemens asked if a parallel trail can be built for bicycles to minimize potential trail
conflicts and commented he envisioned a narrower trail for cyclists.
Mr. Apple stated a similar level of disturbance to natural resources and the soils would be
duplicated by building a parallel trail.
Mr. Malone stated in addition to other mitigation measures, a parallel trail would be possible in
some areas but not all, especially at creek crossings. The wider trail was included in the Preserve
Plan due to it being intended to be a multiuse trail.
Public comments opened at 8:18 p.m.
Jim Van Gogh stated he did not see potential conflict between various user groups due to the
proposed width of the trail. Mr. Van Gogh suggested restricting access to Skyline in order to
allow full trail access rather than a phased approach.
Helen Midgard described the reactions horses have to being startled and the trail width will not
prevent this. The overlap trails will cause problems, especially for young riders.
Craig Gleason stated the trails do not need to be road width, and a separate narrow hiking and
biking trail should be provided.
Katja Wick supported opening Bear Creek trails to the public but due to the steep nature of the
trails, it may lead to potential collisions, and in its current design the multi-use trail may not be
safe for young, inexperienced riders.
Mike Bushue stated he would like a GIS survey to be completed to study the various grades for
the trails at Bear Creek Redwoods because some of the trails can be quite steep and dangerous
for cyclists. Additional equestrian parking should also be added since it is an “equestrian-
friendly” preserve.
Meeting 22-15 Page 6
Nancy Cole commented cyclists should be kept near Bear Creek Road and reserve other areas of
preserve for hikers, families, and equestrian users.
Sue Landaiche commented on other parks and preserves that separate user types on its trails,
including the demonstration forest on Summit Road, Rancho San Antonio, etc. Adding cyclists
to the trails will also increase the costs of maintaining the trail.
Ms. Woodworth read the remaining comments submitted into the record.
Toni Kent stated safety concerns should be the ultimate consideration in selecting the trail
alignment, and mixing pedestrians, bikers, and equestrians could be difficult.
Rick Parfitt supported a separate connector trail for bikers.
Randall Landaiche supported a separate bypass trail for bicyclists to support the safety and
enjoyment for all.
Paul Raffaeli stated bicycles should be granted access to all the trails equestrians currently
access, potentially on designated or alternate days. Additionally, on leash dogs should have
access to the trails, at least on weekdays.
Nino Gritsenko expressed multiuse trails allowing bicycles and equestrians are unsafe for all
participants. Mr. Gritsenko suggested providing an alternative bike-only connector trail.
Nanci Donohue expressed concern regarding the bicycles and equestrians on the same trail.
Manal Zayed requested reconsideration of the multiuse trail due to safety concerns of bikes on
the trail with horses and hikers and suggested a separate bike trail.
Marta Wick supported a separate connector trail for bikers stating it is unsafe for equestrians to
be on the trail with bikes.
Karen Izzo supported a separate connector trail for bikers.
Jerry Wittenauer supported the suggestion by the Friends of Bear Creek Stables to have separate
mountain bike and equestrian trails. The existing trails on the east side of the preserves should be
maintained for hikers, families, and equestrians.
Jill Haueter expressed concern about allowing bicycles on the same trails with horses and may
lead to unsafe conditions for visitors.
Heather Shupe suggested wide fire trails can be used for safe multiuse trails, but single track
trails should be designated for horse/hiker only or bike only to avoid accidents.
Henry Pastorelli expressed concern that building an equestrian-only trail shows exclusiveness
and elitism. Mr. Pastorelli urged building a single multiuse trail by 2026.
Elizabeth Sharkey stated it is dangerous to have hikers on the same trails as mountain bikers and
urged creation of a separate connector trail for bicycles.
Meeting 22-15 Page 7
Devyn Burgert requested bicycles access at Bear Creek Redwoods Preserve be limited to one
trail because an increase of bicycles on trails will lead to more injuries or collisions between
bikes and horses.
Cristin Reichmuth reported encounters between cyclists and equestrians can lead to serious
injuries and should be kept separate. The trails in the eastern side of preserve should be used
exclusively for hikers, families, and equestrians.
Public comments closed at 8:49 p.m.
Director Kishimoto commented that Bear Creek Redwoods is a public preserve to be shared with
other members of the public. Director Kishimoto stated a twelve-foot-wide trail is not ideal and
asked if additional funds would allow for a narrower trail to help provide a better user experience
and protect natural resources.
Mr. Malone stated the conceptual alignment is not feasible within the goals and mission of the
District. The potential trail alignment along Bear Creek Road has more environmental impacts
and would still have sections where multiple user groups would share the trail.
General Manager Ana Ruiz commented the District tries to avoid parallel trails where possible
due to the increased environmental impact both in building the trail and its continued use.
Director Riffle recommended the eastern area of the preserve be looked at again to address the
higher use by equestrians of all experience levels in the area and still allow for cyclists to be able
to pass through the area.
Director Cyr commented the District’s primary obligation is to resource protection and thanked
staff for their efforts to consider alternatives when the conceptual alignment was determined to
be infeasible.
Director Siemens asked that staff reconsider the trail alignment to avoid multiple user types on
the same areas of the trail and suggested other options should be considered such as a parallel
trail. Additionally, the District should quickly move forward with its trail plans for the western
area of the preserve.
Director Holman reflected on the need to balance environmental impacts with public access and
stated her support for the staff’s recommendation.
Director Hassett spoke in support of a separate trail for cyclists.
President Kersteen-Tucker expressed concern regarding the safety equestrian users on a multi-
use trail and stated a separate trail for cyclists should be considered. The multi-use trail in the
Preserve Plan should be reconsidered.
Ms. Ruiz stated the Board may direct staff to study options for separate user group trails and
potential alignments stating additional time will be needed to determine the feasibility, costs,
environmental impacts, etc., for other trail alignments, and staff would return to the Board at a
later date.
Meeting 22-15 Page 8
Mr. Malone requested and received clarification regarding the areas of the trails to be
reconsidered to separate user group use and minimize user group conflicts.
Motion: Director Siemens moved, and Director Cyr seconded the motion to direct staff to study
additional options for separate user group trails and potential trail alignments at Bear Creek
Redwoods Open Space Preserve, and additional time will be needed to determine the feasibility,
costs, environmental impacts, etc. for other trail alignments. Staff would return to the Board at a
later date for consideration.
ROLL CALL VOTE: 7-0-0
9. Fiscal Year 2022-23 Budget and Capital Improvement and Action Plan (R-22-67)
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak presented the staff
report. Mr. Jaskulak provided information regarding the District’s PERS funded and unfunded
liability, as previously requested by the Board of Directors. Mr. Jaskulak reviewed the proposed
FY23 budget by fund and the resolutions proposed for adoption.
Public comments opened at 9:35 p.m.
No public comments were submitted for this item.
Public comments closed at 9:35 p.m.
Motion: Director Riffle moved, and Director Siemens seconded the motion to:
1. Adopt a Resolution approving the Fiscal Year 2022-23 (FY23) Budget and Capital
Improvement and Action Plan.
2. Adopt a Resolution approving the Classification and Compensation Plan for Fiscal Year
2022-23.
ROLL CALL VOTE: 7-0-0
10. Oral Update on Midpeninsula Regional Open Space District 50th Anniversary
Public Affairs Manager Kori Skinner and Public Affairs Specialist Ryan McCauley provided the
staff presentation describing the successful 50th anniversary event held on April 28, 2022 at
Ravenswood Open Space Preserve. Mr. McCauley highlighted various aspects of the event and
summarized survey responses received from event attendees. Promotion and media coverage
were successful and helped bring in visitors that do not typically engage with the District. Ms.
Skinner described the District’s ongoing paid media campaign to help engage with current and
new users, including high engagement for ads posted in Spanish and Chinese.
The Board members expressed their thanks and appreciation for the excellent work by staff to
plan for the 50th anniversary events and promoting the District.
No Board action required.
Meeting 22-15 Page 9
INFORMATIONAL MEMORANDA
• Bear Creek Redwoods Open Space Preserve Phase II Trail Improvements – North-East
Trailhead Equestrian Access
INFORMATIONAL REPORTS
A. Committee Reports
No committee reports.
B. Staff Reports
No staff reports.
C. Director Reports
Director Siemens reported he helped with a tabling event at Mount Umunhum and attended a
meeting of the Santa Clara County Special District’s Association on June 6, 2022.
Director Kishimoto reported she also attended a meeting of the Santa Clara County Special
District’s Association on June 6, 2022 and will be presenting to the Sierra Club on June 14,
2022.
ADJOURNMENT
President Kersteen-Tucker adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 10:16 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk