HomeMy Public PortalAbout20190123 - Agenda Packet - Board of Directors (BOD) - 19-02
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, January 23, 2019
Special Meeting starts at 5:00 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – STUDY SESSION
ROLL CALL
1. Presentation and discussion of the Administrative Office Remodel schematic design (R-19-06)
Staff Contact: Felipe Nistal, Senior Capital Project Manager
General Manager’s Recommendation: Review and provide comments on the schematic design
progress model. No formal Board action required.
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not on the agenda. Each speaker will
ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow
action by the Board of Directors on items not on the agenda. If you wish to address the Board, please
complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance
during this section.
ADOPTION OF AGENDA
SPECIAL ORDERS OF THE DAY
• Introduction of staff
o Jasmine Leong, Administrative Assistant
o Korinne Skinner, Public Affairs Manager
Meeting 19-02
Rev. 1/3/18
CONSENT CALENDAR
All items on the Consent Calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
1. Approve January 9, 2019 Minutes
2. Claims Report
3. Appointment of Board of Directors Standing Committee Members and Representatives to
Various Bodies, Including the Governing Board of the Midpeninsula Regional Open Space
District Financing Authority, for Calendar Year 2019 (R-19-07)
Staff Contact: Pete Siemens, Board President
Board President’s Recommendations:
1. Approve the Board President’s appointments to the Board Standing Committees and other
bodies, including the Governing Board of the Midpeninsula Regional Open Space District
Financing Authority, and determine the compensation status for attendance at these meetings.
2. Approve formation of an ad hoc committee to meet with a liaison committee of the Santa Cruz
County Local Agency Formation Commission to discuss the upcoming service review of the
District, and authorize the Board President to appoint three Directors to serve on the ad hoc
committee.
4. Board Compensation Policy Amendment (R-19-08)
Staff Contact: Joshua Hugg, Governmental Affairs Specialist
General Manager’s Recommendations:
1. Adopt a Resolution approving amendments to Board Policy 6.06 – Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for Performance of Official Duties, and
Adoption of Ethics Training Requirements Pursuant to Government Code Section 53232 et seq.
(AB1234) – to increase the number of compensable meetings from five to six per month.
2. Direct the General Manager to either introduce an ordinance increasing Board compensation to
$105.00 per meeting pursuant to new law, or to do further research and bring additional
pertinent information back to the Board to inform its direction.
5. Award of Contract for Vegetation Mapping Services in San Mateo County (R-19-10)
Staff Contact: Coty Sifuentes-Winter, Senior Resource Management Specialist Natural Resources
General Manager’s Recommendations:
1. Authorize the General Manager to enter into a multi-year cooperative agreement with Golden
Gate National Parks Conservancy of San Francisco, California, who is the lead in contracting
for regional vegetation mapping services, for an amount not to exceed $150,000.
2. Authorize a 12% contingency of $18,000 to request additional mapping services, if deemed
beneficial and appropriate, for a total contract amount not-to-exceed $168,000.
6. Board Response to Written Communications from JC Wang and Emma Cate
Staff Contact: Jason Lin, Engineering and Construction Manager
General Manager’s Recommendation: Approve the proposed response to JC Wang and Emma
Cate.
Rev. 1/3/18
7. Award of contract for professional engineering services to complete the Mount Umunhum
Radar Tower Assessment Project at Sierra Azul Open Space Preserve (R-19-09)
Staff Contact: Zachary Alexander, Capital Project Manager III, Engineering and Construction
Department
General Manager’s Recommendations:
1. Authorize the General Manager to enter into contract with Wiss, Janney, Elstner Associates,
Inc., of Emeryville, California for a not-to-exceed base contract amount of $107,700.
2. Authorize a 15% contract contingency of $16,155 to be reserved for unanticipated issues, thus
allowing the total contract amount not-to-exceed $123,855.
BOARD BUSINESS
The President will invite public comment on agenda items at the time each item is considered by the
Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
8. Local/County Permit Exemptions - Legislative Proposal for 2019 (R-19-12)
Staff Contact: Joshua Hugg, Governmental Affairs Specialist
General Manager’s Recommendations:
1. Receive additional information regarding the proposed permit exemption legislation.
2. Authorize the General Manager to initiate a spot bill, in light of impending legislative
deadlines, to keep the option of pursuing this bill open during the 2019-20 State Legislative
Session.
3. Direct the General Manager to return to the Board with case studies of current permitting
hurdles and definitions of work that would be exempted, as well as further information and
direction on the scope of the bill, to confirm Board support for this legislative effort.
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for information; request staff to report to the Board on a matter at a future meeting; or
direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to
staff only. No final policy action will be taken by the Board.
Committee Reports
Staff Reports
Director Reports
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
Rev. 1/3/18
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on January 18, 2019, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
R-19-06
Meeting 19-02
January 23, 2019
SPECIAL MEETING AGENDA ITEM 1
AGENDA ITEM
Presentation and discussion of the Administrative Office Remodel schematic design
GENERAL MANAGER’S RECOMMENDATION
Review and provide comments on the schematic design progress model. No formal Board action
required.
SUMMARY
On December 5, 2018 and January 10, 2019, the Administrative Office (AO) Facility Ad Hoc
Committee (Committee) met with staff and the design team, Noll & Tam Architects, to review and
provide direction on preliminary building design options. These early design discussions reflect the
enhanced design option and the prioritized Project Goals and Programming Elements, as approved
by the Board of Directors (Board) on October 24, 2018 (R-18-123).
The meetings focused on the following items:
• Interior improvements
• Exterior improvements
• Building envelope and energy modeling resolution
• Leadership in Energy and Environmental Design (LEED) Gold requirements
DISCUSSION
Interior and exterior improvements
Noll & Tam provided interior improvement options addressing the boardroom, entrance, atrium,
restrooms, receptionist area, staff office space with consideration for department adjacencies,
storage, underground parking, bike storage, and future tenant space. Noll & Tam also provided
exterior improvement options addressing planting, surface treatment for pedestrian areas,
Americans with Disabilities Act (ADA) parking, bike racks, benches, and other landscape
features. All improvements options are consistent with the aforementioned Project Goals and
Programming Elements.
R-19-06 Page 2
See Attachment 1 for interior and exterior plans and renderings. Below are the options
recommended by the Committee, which Attachment 1 also highlights:
1) Provide an ADA accessible lobby entrance as the main egress/ingress for the public,
visitors, tenants, Board, and staff. The Board, staff, and tenants will have distinct
keycards to enter their respective areas. The public and visitors will check in with the
receptionist at the lobby prior to going to their destinations.
2) Provide a boardroom layout that maximizes the seating configuration and flexibility of
use. The board table (dais) should normally face the main boardroom entrance with its
back to the south face of the building, and follow an arc shape to allow for board member-
to-board member visibility. Provide a formal, attractive, and mobile dais and select
furniture to maximize flexibility for different meeting sizes and configurations. Provide
sliding doors at the boardroom entrance that open up the space to the atrium area. Provide
appropriate audiovisual technology to accommodate boardroom flexibility that allows the
board table to rotate with its back to the west wall to expand the available public seating
space for larger audiences.
3) Center the public restroom on the east-west building axis location to allow easy access
from main entrance lobby, atrium, and boardroom.
4) Centralize the offices and conference rooms along the interior of the building to
accommodate departmental needs, department adjacencies, access to natural light,
privacy/noise reduction, and efficient cubicle/office space layouts.
5) Provide an accessible ramp connecting the El Camino Real sidewalk to the building
entrance without relocating utilities and reducing the need for tree removal. Keep existing
retaining wall veneer and/or its natural aesthetics. Keep existing redwood trees where
feasible.
6) Provide user-friendly outdoor gathering areas for both staff and the public. Use drought
tolerant native plants where feasible.
7) Provide stairs from garage to first floor on the eastern side of the building only. Allow
only District staff access to and from the garage. Future tenants will use street level
parking only.
8) Include a combination of gender neutral and gender specific restrooms. Evaluate best
arrangement by surveying staff, use results to inform the final design.
9) Replace existing dilapidated plywood siding paneling with similar material or with light
gauge metal paneling at all vertical building fins, building parapets, and exterior shading
areas. (Not specifically highlighted in Attachment 1).
R-19-06 Page 3
10) Provide structural assessment of building roof after the close of escrow in February 2019.
The findings from the assessment will provide guidance on the number of solar panels the
building can accommodate. (Not specifically highlighted in Attachment 1).
Building envelope and energy modeling
Noll & Tam proposed six (6) building envelope design options as the starting point to arrive at the
right energy solution. See Attachment 2 for details. All options require varying degrees of retrofit
and replacement combinations for the roof, floor, walls, fenestration, insulation, window glazing,
and shading.
After reviewing the advantages/disadvantages, capital costs, energy savings, comfort, and other
decision-making factors, the Committee recommended proceeding with Option #2 – Better Glazing.
This option includes the replacement of all existing single pane windows with high performance
dual pane windows, and will result in an average 25% reduction in Heating/Ventilation/Air
Conditioning (HVAC) energy use relative to Option #1 – Baseline Design (keeping all existing
single pane windows). The capital costs for Option #2 is approximately $1.4 million. As the
discussion progressed, the Committee also recommended exploring operable windows to allow for
maximum user comfort and potentially reduced long-term energy costs, if the full Board approves
replacement of all windows. The one-time capital cost for operable dual pane windows is
approximately $1.8 million (30% higher than regular dual pane windows). Operable windows
would function with the building’s computerized HVAC system by dividing the building into
different HVAC zones. When operable windows are open in a zone, the computerized HVAC
system would detect that occupants prefers outdoor air and automatically shuts off HVAC in the
zone, reducing future energy costs. This zone’s temperature would be controlled by outdoor
temperature and airflow.
On October 24, 2018, the Board reviewed three conceptual project design alternatives and their
corresponding cost estimates, and selected the Enhanced design alternative with a total project cost
range of $18.7M – $27.4M (R-18-123). Option #2 – Better Glazing and operable windows was not
part of the Enhanced design alternative cost estimate. Noll & Tam will return to the Board in
March 2019 to present an updated cost estimate itemized by each key project improvement. The
Board will have an opportunity to review and select the improvements in March that will be
incorporated in the next round of more detailed design and preparation of early construction plans.
LEED Gold Requirements
Noll & Tam presented the criteria for Leadership in Energy and Environmental Design (LEED)
certification and CALGreen (California Code of Regulations, Title 24). While any level of LEED
certification is desirable, CALGreen is mandatory for all buildings in City of Los Altos.
LEED is a point-based rating system where points can be achieved by meeting prescriptive and/or
performance requirements. The goal of LEED is to help building owners and operators
be environmentally responsible and use resources efficiently.
R-19-06 Page 4
Noll & Tam determined that the AO building improvements could achieve LEED Gold
certification by potentially receiving 60 out of the required 60-79 points range. See Attachment 3
for LEED points checklist and Gold certification point summary. LEED Gold certification would
add to the project cost through registration and documentation fees, consultant fees, materials
costs, staff time, and other coordination efforts.
The Committee recommended proceeding with CALGreen design while exploring ways to meet
LEED Gold criteria through design, and forgoing the formal certification process.
FISCAL IMPACT
Noll & Tam incorporated the Board-approved, prioritized project design goals and program
elements into draft schematic design plans and presented these to the Committee on December 5,
2018 and January 10, 2019. The estimated construction cost and total project budget will be
refined based on Board selection of design elements in March 2019.
A new appraisal for the 330 Distel Circle property (12,120 square feet) assessed whether potential
proceeds generated from a sale can partially reimburse the remodel work. As a reminder, the first
$7,500,000 from a sale are intended to call the 2017 parity bonds and pay the note that was issued
for the property purchase. The October 2018 appraisal quote for the building at 330 Distel Circle
is $10,350,000.
The FY2018-19 budget for the AO Project (#31202) includes $31,550,100 for building
acquisition and $600,000 for architectural and engineering design work, which is anticipated to be
complete by the end of the fiscal year. The approved project budget is shown below.
Project #31202 Prior Year
Actuals FY18-19 Total
New AO Facility Budget $135,142 $32,150,100 $32,285,242
less approved Building Acquisition: $0 ($31,550,100) ($31,550,100)
less Spent to Date (as of 01/14/19): ($135,142) ($28,456) ($163,598)
less Encumbrances: $0 ($311,523) ($311,523)
Budget Remaining (Proposed): $0 $260,021 $260,021
The recommended action is not funded by Measure AA.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act. Future
environmental review will be conducted on the proposed site improvements as part of the
permitting process.
R-19-06 Page 5
NEXT STEPS
The table below lists the remaining project milestones for the Schematic Design phase, including
items that require participation by either the Ad Hoc Committee or full Board. The updated
schedule has been compressed and accelerated to reduce time and design costs. The overall
project schedule will also be slightly accelerated.
PROJECT SCHEDULE WITH KEY MILESTONES
DATE PROCESS AD
HOC
FULL
BOARD
1/23/2019 Full Board Study Session of the updated/comprehensive
Schematic Design X
2/1/2019 Begin public outreach/engagement
2/26/2019 Provide input on Final Schematic Design and Cost Estimate X
3/13/2019 Full Board Study Session of the updated/comprehensive
Schematic Design using finalized Cost Estimate X
3/27/2019
Full Board Approval of Final Schematic Design;
N&T contract amendment for Design Development (on
consent)
X
Attachments:
1. Interior and Exterior Improvements
2. Building Envelope and Energy Modeling
3. LEED Gold Certification Checklist
Responsible Department Head:
Jason Lin, Engineering and Construction Department Manager
Prepared by:
Felipe Nistal, Senior Capital Project Manager
Staff Contact:
Felipe Nistal, Senior Capital Project Manager
YOUR BUILDING
Attachment 1
Atrium Space View - looking South from First Floor
Attachment 1
Entrance Lobby and Atrium Space View - Looking North from Second Floor
Attachment 1
PUBLIC/STAFF – FIRST FLOOR
Attachment 1
PUBLIC/STAFF – SECOND FLOOR
Attachment 1
BOARDROOM LAYOUT OPTIONS
Attachment 1
Attachment 1
FIRST AND SECOND FLOORS
Attachment 1
EXHIBIT C - SPACE PLANNING – GARAGE AND FIRST FLOOR
Attachment 1
LANDSCAPE PLAN –OPTION 2
Attachment 1
EXISTING SITE WALLS
Attachment 1
PROPOSED PLANT TYPES
Attachment 1
No.Descriptor Roof Floor Walls Windows Shading
Existing Shell New Lobby Addition Existing Shell New Lobby Addition
1 Baseline Design
New roof
6" continuous insulation,
2x4 joists 16" O.C. with no
cavity insulation
Existing with added
insulation
6" concrete slab with 4"
continuous rigid insulation
Existing
T1-11 wood siding with 2x4
studs 24" OC, 3.5" R-11 batt
insulation, and 5/8" gyp board
Existing
1/8" single pane with bronze
tint and aluminum frame
High Performance Glazing
Dual pane with low-e coating
1.75 foot roof
overhang and 1.5
foot vertical fins
1.75 foot roof
overhang
2 Better Glazing Same as baseline Same as baseline Same as baseline
High Performance Glazing
Dual pane with low-e coating Same as baseline Same as baseline Same as baseline
3 Best-in-Class Glazing Same as baseline Same as baseline Same as baseline
Best-in-Class Glazing
Dual pane with improved
low-e coating
Best-in-Class Glazing
Dual pane with improved low-e
coating Same as baseline Same as baseline
4 Better Glazing +
Spray Wall Insulation Same as baseline Same as baseline
Existing with spray insulation
Add closed cell spray foam
insulation, R-20
High Performance Glazing
Dual pane with low-e coating Same as baseline Same as baseline Same as baseline
5 Exterior Shading Same as baseline Same as baseline Same as baseline Same as baseline Same as baseline
Add 1.5 foot solid
overhang on first
floor of south
façade
Add 12" solid vertical
fins on east and west
facades, 24" O.C.
6
B.I.C. Glazing + Spray
Insulation + Exterior
Shades
Same as baseline Same as baseline
Existing with spray insulation
Add closed cell spray foam
insulation, R-20
High Performance Glazing
Dual pane low-e
High Performance Glazing
Dual pane low-e
Add 1.5 foot solid
overhang on first
floor of south
façade
Add 12" solid vertical
fins, 24" O.C.
ENERGY ANALYSIS: SIX ENVELOPE DESIGN OPTIONS
ENERGY ANALYSIS: SIX ENVELOPE DESIGN OPTIONS
138
104
100
102
135
95
0 20 40 60 80 100 120 140 160
Baseline Design
Better Glazing
Best-in-Class Glazing
Better Glazing + Spray Wall Insulation
Exterior Shading
BIC Glazing + Spray Insulation + Exterior Shading
HVAC TDV [kbtu/sq.ft.]
New Building Code Comparison
109 TDV
+ $1,400,000
+ $138,000
+ $110,000
+ $50,000
+ $1,400,000
+ $1,538,000
+ $1,510,000
+ $50,000
+ $1,560,000
SPACE PLANNING –FIRST FLOOR
SPACE PLANNING –SECOND FLOOR
SPACE PLANNING –BASEMENT
SPACE PLANNING –STAFF RESTROOM OPTIONS
SHARED LAV –STALLS WITH FULL-HEIGHT WALLS SEPARATE GENDER RESTROOMS WITH PARTITIONS
SPACE PLANNING –STAFF RESTROOM OPTIONS
SHARED LAV –STALLS WITH FULL-HEIGHT WALLS
LEED BD+C PROJECT CHECKLIST
LEED Scorecard –Point Summary
1 Integrative process
14 Location & Transportation
2 Sustainable Sites
6 Water Efficiency
4 Energy & Atmosphere
8 Materials & Resources
15 Indoor Environmental Quality
6 Innovation in Design
4 Regional Priority Credits
60 Gold (60-79 pts)
LEED BD+C SCORE CARD - POINT SUMMARY
January 9, 2019
Board Meeting 19-01
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, January 9, 2019
DRAFT MINUTES
SPECIAL MEETING
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 6:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Karen Holman, Larry Hassett, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Chief Financial Officer/Director of Administrative Services Stefan
Jaskulak, District Clerk/Assistant to the General Manager Jennifer
Woodworth
1. Swearing in of New Board Members for the Term Starting January 2019
District Clerk Jennifer Woodworth administered the Oath of Office to Directors Siemens,
Kishimoto, and Hassett.
Santa Clara County Supervisor Joe Simitian administered the Oath of Office to Director Holman.
Public comments opened at 6:32 p.m.
Winter Dellenbach congratulated Karen Holman on her election to the Board of Directors.
Public comments closed at 6:34 p.m.
Meeting 19-01 Page 2
The members of the Board and staff shared words of congratulations and welcome for the newly
sworn in Board members.
No Board action required.
President Cyr adjourned the special meeting at 6:43 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, Karen Holman, Larry Hassett, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Chief Financial Officer/Director of Administrative Services Stefan
Jaskulak, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Governmental Affairs Specialist Joshua Hugg, Natural
Resources Manager Kirk Lenington, Visitor Services Manager Matt
Anderson, Engineering and Construction Manager Jay Lin
ORAL COMMUNICATIONS
Pat Starrett congratulated Karen Holman on her election to the Board of Directors.
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Hassett seconded the motion to adopt the
agenda.
VOTE: 7-0-0
1. Election of the Calendar Year 2019 Officers for the Midpeninsula Regional Open
Space District Board of Directors (R-19-02)
President Cyr reflected on the District’s accomplishments and highlights for the 2018 calendar
year.
District Clerk Jennifer Woodworth explained the nomination process.
Director Riffle suggested creating written guidelines for selecting the Board President as follows:
the Board member representing the ward, which ward has not held the position of president for
the longest absence, would be nominated to serve as the Board President. If the director
Meeting 19-01 Page 3
representing that ward is newly elected, the Board member could serve as the Board Vice-
President to allow the director to become familiarized with the Board and District before serving
as Board President. The ward that has the second longest absence in serving as president would
be nominated to serve as vice-president. A director may decline the position of president or vice-
president if desired.
Director Kishimoto spoke in favor of creating a guideline describing the proposed process but
not a written policy.
The Board by consensus directed staff to include the guidelines for the Board officer nomination
and selection process in the annual Board report for selecting Board officers.
Ms. Woodworth called for nominations for Board President.
Director Hassett nominated Director Siemens for President and Director Riffle seconded the
nomination. No further nominations were presented.
Public comment opened at 7:24 p.m.
No speakers present.
Public comment closed at 7:24 p.m.
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to close the
nominations for Board President.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Siemens as Board President for Calendar Year
2019.
President Siemens called for nominations for Board Vice President.
Director Riffle nominated Director Holman for Vice President and Director Kishimoto seconded
the nomination. No further nominations were presented.
Motion: Director Hassett moved, and Director Cyr seconded the motion to close the
nominations for Board Vice-President.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Holman as Board Vice President for Calendar
Year 2019.
President Siemens called for nominations for Board Treasurer.
Director Riffle nominated Director Kishimoto for Board Treasurer, and Director Kersteen-
Tucker seconded the nomination. No further nominations were presented.
Meeting 19-01 Page 4
Motion: Director Cyr moved, and Director Riffle seconded the motion to close the nominations
for Board Treasurer.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Kishimoto as Board Treasurer for the 2019
calendar year.
President Siemens called for nominations for Board Secretary. Director Kishimoto nominated
Director Kersteen-Tucker for Board Secretary and Director Holman seconded the nomination.
No further nominations were presented.
Motion: Director Cyr moved, and Director Riffle seconded the motion to close the nominations
for Board Secretary.
VOTE: 7-0-0
By a vote of 7 to 0, the Board elected Director Kersteen-Tucker as Board Secretary for Calendar
Year 2019.
Director Kishimoto thanked Director Cyr for his service as Board President.
CONSENT CALENDAR
Public comment opened at 7:40 p.m.
No speakers present.
Public comment closed at 7:40 p.m.
Motion: Director Kishimoto moved, and Director Riffle seconded the motion to approve the
Consent Calendar.
VOTE: 7-0-0
2. Approve November 28, 2018, December 6, 2018, and December 12, 2018 Minutes
Director Holman stated for the record she will abstain for this item.
Director Kersteen-Tucker stated for the record she will abstain for the November 28, 2018
Minutes.
3. Claims Report
4. Award of Contract for Botanical Services (R-19-03)
Meeting 19-01 Page 5
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year contract with Vollmar Natural
Lands Consulting of Berkeley, California to provide botanical services to support capital
and operational projects for a base amount not to exceed $72,460.
2. Authorize a 10% contingency of $7,246 to be awarded if necessary to cover unforeseen
conditions, for a total contract amount not-to-exceed $79,706.
5. Board Response to Written Communications from Charlie Krenz
General Manager’s Recommendation: Approve the proposed response to Charlie Krenz.
BOARD BUSINESS
6. District Legislative Proposals for 2019 (R-19-04)
Governmental Affairs Specialist Joshua Hugg provided the staff report describing the
overlapping and redundant permitting process for projects, which increases project costs and
extends project delivery times. The proposed legislation seeks exemption from local and county
permitting requirements similar to California state parks and would only apply to certain types of
low-impact, minor work.
Director Holman expressed concerns regarding future District actions and suggested additional
definitions be included to define the types of exemptions allowed. Additionally, Director Holman
inquired if the exemptions extend to state and federal permitting.
General Manager Ana Ruiz explained the proposed exemptions only relate to local and county
permitting requirements and the District would still be subject to state and federal agency
permitting requirements. The District would continue to follow a public process for District
projects, and the proposed legislation seeks to reduce permitting redundancies on low impact
projects.
Director Kersteen-Tucker expressed a desire to maintain ample opportunities for public
comments.
Public comments opened at 7:54 p.m.
No speakers present.
Public comments closed at 7:54 p.m.
Mr. Hugg described the second proposed legislation, which will attempt to promote the use of
industry recognized best management practices in nurseries across the state through preferential
state contracting incentives in order to minimize the risk of phytophthora pathogens in plant
materials.
Natural Resources Manager Kirk Lenington described several of the various best management
practices required to remove phytophthora pathogens from plant materials.
Public comments opened at 8:03 p.m.
Meeting 19-01 Page 6
No speakers present.
Public comments closed at 8:03 p.m.
Director Holman suggested inclusion of definitions of exempted projects and the redundant
permitting process to be exempted.
Motion: Director Cyr moved, and Director Holman seconded the motion to direct the General
Manager to return to the Board to review and confirm the draft bill language relating to local and
county permit exemptions, which shall include definitions of types of exempted projects and the
redundant permitting processes to be exempted.
VOTE: 7-0-0
Motion: Director Kersteen-Tucker moved, and Director Riffle seconded the motion to direct the
General Manager to pursue a legislative proposal related to phytophthora pathogens as outlined
in the staff report during the 2019-20 State Legislative Session.
VOTE: 7-0-0
7. 2019 Legislative Program (R-19-01)
Governmental Affairs Specialist Joshua Hugg reviewed the District’s legislative proposals for
the upcoming 2019-20 legislative session.
Director Kishimoto commented on the State Water Resources Control Board’s allocation of
unimpaired water flow for the natural environment stating the District may want to take a
position on this issue in the future.
Director Holman suggested the following addition to the legislative program:
“Proposition 68 Implementation: The District supports efforts to ensure that parks bond funds
are allocated in a timely, equitable, and responsible manner, and that resulting grant programs
are designed appropriately to benefit the District and its mission.”
Director Hassett commented on the current bidding and contracting requirements.
Ms. Ruiz reported staff is researching various options and will return to the full Board in the
spring with the options.
Director Kersteen-Tucker suggested including in 2019 regional and local priorities:
Tracking funding opportunities under San Mateo County Transit District’s Measure W, which
includes funding for biking, pedestrian, and other regional transit improvements.
Director Holman inquired if other entities, such as Stanford, are included in restricting the
expansion of urban growth boundaries.
Ms. Ruiz reported the District does track Stanford’s activities under their general use permit,
especially as it relates to open space buffers surrounding the campus.
Meeting 19-01 Page 7
Public comments opened at 8:35 p.m.
No speakers present.
Public comments closed at 8:35 p.m.
Motion: Director Kersteen-Tucker moved, and Director Holman seconded the motion to adopt
the Legislative Program for 2019, which outlines the 2019 legislative priorities and policies for
Midpeninsula Regional Open Space District, with the following amendments:
Proposition 68 Implementation: The District supports efforts to ensure that parks bond funds
are allocated in a timely, equitable, and responsible manner, and that resulting grant programs
are designed appropriately to benefit the District and its mission.
2019 Regional/Local Priorities
Priority Area:
San Mateo County Transit District (SamTrans), Measure W Implementation
The District supports advance mitigation allocation guideline development for SamTrans'
recently passed Measure W funds that enables implementation of District priority projects.
VOTE: 7-0-0
INFORMATIONAL MEMORANDUM
• Docent and Volunteer Structure Study – Implementation Update
• Administrative Office Remodel Project Update
INFORMATIONAL REPORTS
A. Committee Reports
No committee reports.
B. Staff Reports
Assistant General Manager Brian Malone reported he will be attending a meeting of the Santa
Clara Valley Open Space Authority where former Director Hanko will be honored with a
resolution.
Ms. Ruiz reported she met with Shiloh Ballard of the Silicon Valley Bicycle Coalition to discuss
potential projects for coordination, such as encouraging bicycle routes and bicycle travel to
Rancho San Antonio. Coordinated efforts may include new maps highlighting bicycle routes and
District-hosted bicycle rides from nearby neighborhoods to foster bicycle travel. Ms. Ruiz also
reported the Santa Cruz County Local Agency Formation Commission (LAFCO) will be
conducting service and sphere reviews for special districts in Santa Cruz County. LAFCO is
interesting in working with a District ad hoc committee to discuss any issues that arise related to
the review. Staff will bring forward more information on this item at the next Board meeting.
Meeting 19-01 Page 8
C. Director Reports
The Board members submitted their compensatory reports.
Directors Hassett, Kishimoto, and Kersteen-Tucker reported their attendance at the Peninsula
Open Space Trust’s Tunitas Creek Beach open house on January 1, 2019.
Director Cyr commented on recent news articles that describe evidence of the inefficiency of
open concept office spaces.
Director Kersteen-Tucker reported the public comment period for the California Coastal
Commission Strategic Plan is now open.
President Siemens requested the Board members submit to him their preferences for serving on
the 2019 standing committees by Wednesday, January 16, 2019.
ADJOURNMENT
President Siemens adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:58 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-02
MEETING DATE: January 23, 2019 Fiscal Year to date EFT:12.22%
Payment
Number
Payment
Type
Payment
Date
Notes Payment
Amount
79597 Check 01/18/2019 10413 - DOWNTOWN FORD Purchase 2 Ford F150 Ranger Trucks - P121, P123 82,826.20
79603 Check 01/18/2019 10253 - PETERSON TRACTOR CO Purchase 2018 Cat Mini Excavator - T53 63,415.79
79543 Check 01/04/2019 11236 - GRADETECH Purisima Creek Restroom Replacement 57,855.00
79564 Check 01/11/2019 *10845 - CITY OF MOUNTAIN VIEW-FINANCE Radio Dispatch Services Oct to Dec 2018 54,452.50
79594 Check 01/11/2019 11665 - WATERWAYS CONSULTING BCR Public Access - Road & Trail Construction Oversight 35,197.67
79598 Check 01/18/2019 10137 - ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.G.I.S. - ESRI Software Licenses 1/24/19 - 1/23/20 35,000.00
79569 Check 01/11/2019 11501 - HARRIS DESIGN Alma College Parking Lot Design 31,988.68
367 EFT 01/11/2019 10064 - MCB REMODELING Master Bedroom Support Beam - Sherrill Rental 24,750.00
79574 Check 01/11/2019 10461 - NORTHGATE ENVIRONMENTAL MGMT Phase II Environmental Assessment at Event Center 24,709.35
79535 Check 01/04/2019 11148 - BALANCE HYDROLOGICS, INC.ECDM Sediment Control Monitoring 23,393.54
349 EFT 01/04/2019 10190 - METROMOBILE COMMUNICATIONS Purchase Radio and Equipment for New Vehicles 19,754.29
79609 Check 01/18/2019 11996 - SPATIAL INFORMATICS GROUP, LLC Fire Ecology Services: Prescribed Fire Program 19,575.00
79541 Check 01/04/2019 10509 - GEOCON CONSULTANTS INC Bear Creek Dump Investigation, Sediment & Water Assessment 17,392.55
79611 Check 01/18/2019 10307 - THE SIGN SHOP Various Signs for La Honda Project, BCR front entrance sign 15,933.63
79586 Check 01/11/2019 10307 - THE SIGN SHOP Custom Signs Cooley Landing, Hendry's Creek Entrance plus 15 other preserve signs 15,823.77
79570 Check 01/11/2019 11859 - HORIZON WATER AND ENVIRONMENT, LLC Programmatic Environmental Permitting Services Nov 2018 14,139.82
363 EFT 01/11/2019 11177 - HARRIS CONSTRUCTION Repairs at 21170 Skyline Ranch Rd 9,522.00
79536 Check 01/04/2019 10012 - BIOSEARCH ENVIRONMENTAL CONSULTING Western Pond Turtle Study 9/1/18-12/10/18 9,001.03
79612 Check 01/18/2019 10112 - TIMOTHY C. BEST Stevens Creek Nature Trail Bridge Construction Observation 8,915.00
79547 Check 01/04/2019 11855 - OREGON STATE UNIVERSITY Test revegetation sites for soil diseases - Phytophthora 8,689.75
79554 Check 01/04/2019 10112 - TIMOTHY C. BEST Oljon Trail Construction Inspection, Hendrys Creek Stream Restoration Project 7,889.20
372 EFT 01/11/2019 *10216 - VALLEY OIL COMPANY Fuel for District vehicles - field office deliveries 7,342.77
385 EFT 01/18/2019 10143 - SUMMIT UNIFORMS Uniform items - 11 Rangers 7,273.66
344 EFT 01/04/2019 11821 - DUNKINWORKS Leadership Academy Session 1 & 2 6,655.26
79599 Check 01/18/2019 11043 - HOPKINS TECHNICAL PRODUCTS, INC.SFO Prominent Skid Systems 5,715.26
377 EFT 01/18/2019 10187 - GARDENLAND POWER EQUIPMENT Stihl Cordless Power Tools - Brushcutter, Chain Saw, Batteries 5,590.44
79573 Check 01/11/2019 11617 - MIG, INC.ADA Self-Evaluation and Transition Plan - MIG 5,312.50
384 EFT 01/18/2019 11241 - QUESTA ENGINEERING CORPORATION Professional Services - Purisima Creek Restoration 4,684.96
79560 Check 01/11/2019 11799 - AZTEC LEASING, INC.Lease payment for 6 Copiers 11/01-11/30/18 and 12/01-12/31/18 4,652.14
79540 Check 01/04/2019 12015 - Dudek Grant Writing Services November 2018 4,641.25
79559 Check 01/11/2019 11367 - Amah Mutsun Land Trust RM Grant Award Installment for FY2018-19 4,500.00
79530 Check 12/28/2018 11617 - MIG, INC.Consulting: ADA Self-Evaluation and Transition Plan 4,479.17
387 EFT 01/18/2019 *11118 - Wex Bank Fuel for District vehicles - gas station purchases 4,132.29
386 EFT 01/18/2019 11895 - TIMMONS GROUP, INC.Training Plan - Work Order and Asset Mgmt Software Implementatio 4,000.00
345 EFT 01/04/2019 11748 - ENVIRONMENTAL AND ENERGY CONSULTING State Funding Consulting and Lobbying Services - December 2018 3,750.00
357 EFT 01/11/2019 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting and lobbying: December 2018 3,750.00
79566 Check 01/11/2019 10793 - FALL CREEK ENGINEERING Design Services for the La Honda Creek Trail 3,662.50
79552 Check 01/04/2019 10302 - STEVENS CREEK QUARRY INC Base Rock - ( BCR ) 3,357.75
347 EFT 01/04/2019 11593 - H.T. HARVEY & ASSOCIATES Ravenswood Bay Trail - Consulting & Construction Biomonitoring 3,259.98
379 EFT 01/18/2019 11906 - LAW OFFICES OF GARY M. BAUM Legal Counsel Services Dec 2018 3,159.00
342 EFT 01/04/2019 12009 - BROWN, JEFF Brown - Ranger academy expenses 3,060.26
79537 Check 01/04/2019 11371 - CALFLORA DATABASE 2019 Annual subscription to Weed Manager Tools and Support 3,000.00
378 EFT 01/18/2019 10222 - HERC RENTALS, INC.Equipment Rental (BCR) 2,829.58
79589 Check 01/11/2019 10583 - TPX COMMUNICATIONS District Telephone Service and SAO Internet 12/16/18 - 1/15/19 2,781.42
79584 Check 01/11/2019 10302 - STEVENS CREEK QUARRY INC Boulders (SA), Base Rock (FFO) 2,781.06
375 EFT 01/18/2019 10240 - ACE FIRE EQUIPMENT & SERVICE INC Annual Fire Extinguisher Maintenance for Offices and vehicles 2,626.33
79585 Check 01/11/2019 11724 - THE DRIVING COMPANY, INC.Off Road Driver's Training 8 Students 2,560.00
79615 Check 01/18/2019 11665 - WATERWAYS CONSULTING Monte Bello Driveway Improvement 2,558.77
354 EFT 01/11/2019 11319 - CHANCE, MARIANNE Reimbursement for Training Costs - NAI Certified Interp Guide 2,465.13
79583 Check 01/11/2019 11627 - SOUTH BAY ACCESS SOLUTIONS SFO Gate upgrades and repairs 2,415.50
79561 Check 01/11/2019 11430 - BIOMAAS Biological Services and Swift (bird) Monitoring 2,391.09
79525 Check 12/28/2018 11470 - AECOM TECHNICAL SERVICES, INC.Biological Services for Brush Removal and Spray Treatment 2,353.19
79532 Check 12/28/2018 11528 - TAYLOR COMMUNICATIONS, INC.Parking Citation Printing 2,126.57
79581 Check 01/11/2019 10324 - RICH VOSS TRUCKING INC Gravel Trucking - (BCR Stables) 2,081.50
Finance has started to roll out electronic funds transfer (EFT) for accounts payable
disbursements to reduce check printing and mailing, increase payment security, and
ensure quicker receipt by vendors
Vendor No. and Name Invoice Description
page 2 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-02
MEETING DATE: January 23, 2019 Fiscal Year to date EFT:12.22%
Payment
Number
Payment
Type
Payment
Date
Notes Payment
Amount
Finance has started to roll out electronic funds transfer (EFT) for accounts payable
disbursements to reduce check printing and mailing, increase payment security, and
ensure quicker receipt by vendors
Vendor No. and Name Invoice Description
369 EFT 01/11/2019 10140 - PINE CONE LUMBER CO INC Lumber (BCR) 2,046.01
352 EFT 01/11/2019 10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 1,932.28
79534 Check 12/28/2018 10309 - VERIZON WIRELESS Monthly Wireless Device Charges 11/13 - 12/12/18 1,873.96
364 EFT 01/11/2019 10222 - HERC RENTALS, INC.Equipment Rental (BCR) 1,871.18
79590 Check 01/11/2019 10775 - TYLER TECHNOLOGIES INC New World ERP software upgrade assistance 1,800.00
358 EFT 01/11/2019 10524 - ERGO WORKS Ergonomic Equipment: chairs, keyboards, mat and gel pad 1,718.40
79610 Check 01/18/2019 10959 - STATE WATER RESOURCES CONTROL BOARD Annual Permit Fee 7/1/18 - 6/30/19 1,638.00
79526 Check 12/28/2018 10463 - DELL BUSINESS CREDIT Docking Stations and Antennas 1,469.55
368 EFT 01/11/2019 10125 - MOFFETT SUPPLY COMPANY INC Restroom Supplies 1,373.98
360 EFT 01/11/2019 10585 - FLEETCARE INTERNATIONAL INC 5K SERVICE - 6 vehicles 1,354.44
79550 Check 01/04/2019 10195 - REDWOOD GENERAL TIRE CO INC P89 New Tires 1,306.85
362 EFT 01/11/2019 11593 - H.T. HARVEY & ASSOCIATES Alma College Bat Relocation & Habitat Replacement 1,248.87
79529 Check 12/28/2018 11099 - LAW ENFORCEMENT PSYCHOLOGICAL SERVICES INC Psychological exam for 3 new rangers 1,200.00
366 EFT 01/11/2019 11664 - LSQ Funding Group, L.C.Temporary Administrative Assistant - Real Property 1,184.00
79572 Check 01/11/2019 11463 - MARLENE EYRE Accommodations - Ranger Academy training 1,145.00
371 EFT 01/11/2019 10152 - Tadco Supply Janitorial Supplies (RSACP)1,121.94
79580 Check 01/11/2019 10935 - RICE TRUCKING-SOIL FARM 3 Water Deliveries For Toto Ranch (TC) 1,055.82
79600 Check 01/18/2019 11498 - JOANNE BOND COACHING Executive Coaching - Ana Ruiz 1,000.00
79549 Check 01/04/2019 11129 - PETERSON TRUCKS INC.M15 Repair 980.03
79587 Check 01/11/2019 10146 - TIRES ON THE GO New Tires for P111 918.90
79555 Check 01/04/2019 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP), (SA) 904.14
348 EFT 01/04/2019 11729 - KHARE, RUTUJA CALPELRA Hotel Reimbursement 12/4/18-12/7/18 860.55
79542 Check 01/04/2019 11195 - GOODYEAR AUTO SERVICE CENTER P97 New Tires 809.83
79591 Check 01/11/2019 10403 - UNITED SITE SERVICES INC PC Restroom Rental #1 & #2 (lower PC), Temporary Fencing Rental (SA-MT UM)743.06
79545 Check 01/04/2019 10791 - LSA ASSOCIATES INC LHC Point of Diversion 17 Water Line Replacement Expenses 709.00
340 EFT 01/04/2019 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Service (RSA&DHF)700.00
79553 Check 01/04/2019 10338 - THE ED JONES CO INC Employee Badges 603.60
79557 Check 01/04/2019 11834 - WRECO Mud Lake Improvements 600.00
370 EFT 01/11/2019 10143 - SUMMIT UNIFORMS Ranger Uniform items 573.56
79582 Check 01/11/2019 11117 - SANTA CLARA COUNTY/CITIES MANAGERS' ASSOCIATION SCCCMA 2019 Membership Dues; SCCCMA Event fee - Exectuvie Staff attended 560.00
79565 Check 01/11/2019 *11530 - COASTSIDE.NET SFO Internet monthly service 1/01 - 1/31/19 550.00
79539 Check 01/04/2019 11975 - CONSOLIDATED ENGINEERING LABORATORIES BCR Public Access: Materials Testing and Construction Monitoring 546.00
79568 Check 01/11/2019 11882 - Goettelmann's Ryan's Sport Shop Fire boots for Ranger Barnes 489.52
79592 Check 01/11/2019 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Service - HR 471.00
79538 Check 01/04/2019 11379 - CALTRANS Hwy 17 Wildlife Crossing CalTrans Cooperative Agreement Nov 2018 463.85
79578 Check 01/11/2019 11129 - PETERSON TRUCKS INC.WTO1 Repairs 445.92
79576 Check 01/11/2019 10160 - OFFICE DEPOT CREDIT PLAN Office Supplies - Chair, Planner, Pens 434.15
79527 Check 12/28/2018 10036 - DON WADE ELECTRIC CO Electrician Consultation (RSACP) 427.50
79605 Check 01/18/2019 11054 - SAN MATEO COUNTY HUMAN RESOURCES DEPARTMENT Training for 3 Employees 420.00
79595 Check 01/11/2019 11852 - WESTERN EXTERMINATOR CO.Exterminator Service (RSA-Annex)410.00
79604 Check 01/18/2019 10935 - RICE TRUCKING-SOIL FARM Water Delivery For Toto 320.69
79577 Check 01/11/2019 11144 - PENINSULA MOTOR SPORTS ATV 3 Service - Oil change/Rebuild carburetor 312.75
79588 Check 01/11/2019 10326 - TOTAL ADMINISTRATIVE SERVICES CORP. (TASC)FSA Admin Fees 1/1/19 - 12/31/19 300.00
79596 Check 01/18/2019 **10850 - COMPLETE PEST CONTROL Rodent Eradication at Hawthorn Historic Complex 300.00
343 EFT 01/04/2019 11445 - CROSS LAND SURVEYING INC.Purisima Creek Road Boundary Analysis 299.00
79546 Check 01/04/2019 10670 - O'REILLY AUTO PARTS M26 Batteries 266.47
79601 Check 01/18/2019 *10180 - P G & E Account # 1318401373-1 Electricity 263.26
79579 Check 01/11/2019 *11526 - REPUBLIC SERVICES Monthly Garbage Services 252.44
79558 Check 01/11/2019 11170 - ALEXANDER ATKINS DESIGN, INC.Proclamation for Director Hanko 230.00
374 EFT 01/11/2019 10237 - WILLIAMS, MICHAEL Mileage Reimbursement 10/1 - 12/18 228.36
79548 Check 01/04/2019 10271 - ORLANDI TRAILER INC M12 Repair 218.75
79551 Check 01/04/2019 10182 - ROYAL BRASS INC T27 John Deere hydraulic hose replacement and oil 214.66
341 EFT 01/04/2019 10617 - ALEXANDER, ZACHARY Mileage Reimbursement 10-25-18 - 12-18-18 209.72
79575 Check 01/11/2019 10670 - O'REILLY AUTO PARTS Vehicle Supplies 200.97
page 3 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-02
MEETING DATE: January 23, 2019 Fiscal Year to date EFT:12.22%
Payment
Number
Payment
Type
Payment
Date
Notes Payment
Amount
Finance has started to roll out electronic funds transfer (EFT) for accounts payable
disbursements to reduce check printing and mailing, increase payment security, and
ensure quicker receipt by vendors
Vendor No. and Name Invoice Description
353 EFT 01/11/2019 11744 - BERRY, WHITNEY Reimbursement for APA Membership 200.00
79606 Check 01/18/2019 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT San Mateo Co. Parking Lot Stormwater Operation Fees 200.00
365 EFT 01/11/2019 11326 - LEXISNEXIS Online Subscription Service Dec 2018 198.00
381 EFT 01/18/2019 11326 - LEXISNEXIS Online Subscription Service Nov 2018 198.00
350 EFT 01/04/2019 11976 - SMITH, SEAN Reimburse for SMC Bldg Dept Review Fee 197.76
79607 Check 01/18/2019 10580 - SHARP BUSINESS SYSTEMS Printing Costs for GMO Printer 12/28/18 - 11/30/19 156.29
383 EFT 01/18/2019 10369 - MANNING, MEREDITH Mileage Reimburse 10/19/18 - 12/4/18 154.24
79531 Check 12/28/2018 10228 - RHF INC Radar Gun Calibration 151.00
338 EFT 12/28/2018 10352 - CMK AUTOMOTIVE INC P94 Service 139.15
79556 Check 01/04/2019 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services-HR 139.00
79608 Check 01/18/2019 10102 - SHUTE, MIHALY & WEINBERGER LLP Muzzi Property Conservation Easement Legal Services 123.20
376 EFT 01/18/2019 10524 - ERGO WORKS Ergonomic Supplies - Mat 107.91
359 EFT 01/11/2019 10138 - FITZSIMONS, RENEE Mileage reimbursement 9/16/18 - 12/20/18 94.39
79544 Check 01/04/2019 10051 - JIM DAVIS AUTOMOTIVE Smog Checks for 2 District vehicles 90.00
346 EFT 01/04/2019 10187 - GARDENLAND POWER EQUIPMENT Safety Equipment - Helmet 87.35
79593 Check 01/11/2019 10527 - WASTE MANAGEMENT Garbage Service 85.00
339 EFT 12/28/2018 10107 - SUNNYVALE FORD A102 84.94
79602 Check 01/18/2019 *10481 - PACIFIC TELEMANAGEMENT SERVICE MB Campsite Phone 78.00
355 EFT 01/11/2019 10268 - COTTEREL, SCOTT DL Renewal Commercial Permit Reimbursement 76.00
356 EFT 01/11/2019 10284 - DAVISON, STEVE DL Renewal Commercial Permit Reimbursement 76.00
373 EFT 01/11/2019 12028 - VIIK, ERIK DL Renewal Commercial Truck Driving Permit 76.00
79614 Check 01/18/2019 11137 - U.S. FISH AND WILDLIFE SERVICE USFWS Programmatic Permit Fee 75.00
79571 Check 01/11/2019 10421 - ID PLUS INC Ranger Name Tags 67.50
79567 Check 01/11/2019 10186 - FEDERAL EXPRESS Shipping Charges - AO/AO2 59.55
79562 Check 01/11/2019 *10172 - CALIFORNIA WATER SERVICE CO-3525 AO WATER SERVICE, WH Water Service 55.56
79528 Check 12/28/2018 10421 - ID PLUS INC Name tags for Ranger Trumper 48.00
79613 Check 01/18/2019 11596 - TOSHIBA BUSINESS SOLUTIONS Plotter Printing Costs 47.73
382 EFT 01/18/2019 11752 - LIN, JASON Mileage Reimbursement 6/29/18 - 11/7/18 43.60
361 EFT 01/11/2019 10548 - GARTSIDE, ELLEN Mileage claim, personal auto 39.79
380 EFT 01/18/2019 12032 - Leong, Jasmine Reimburse Staff Polo Shirt 28.55
79533 Check 12/28/2018 10165 - UPS Radar Gun Shipping charges 17.84
Grand Total 752,947.41$
*Annual Claims
**Hawthorn Expenses
A### = Administrative Office Vehicle GP = General Preserve PCR = Purisima Creek Redwoods SCNT = Stevens Creek Nature Trail
AO2, AO3, AO4 = Leased Office Space
HR = Human Resources
PIC= Picchetti Ranch SCS = Stevens Creek Shoreline Nature Area
BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SFO = Skyline Field Office
CAO = Coastal Area Office LR = Long Ridge RR = Russian Ridge SG = Saratoga Gap
CC = Coal Creek LT = Los Trancos RR/MIN = Russian Ridge - Mindego Hill SJH = Saint Joseph's Hill
DHF = Dear Hollow Farm M### = Maintenance Vehicle RSA = Rancho San Antonio SR= Skyline Ridge
ECdM = El Corte de Madera MB = Monte Bello RV = Ravenswood T### = Tractor or Trailer
ES = El Sereno MR = Miramontes Ridge SA = Sierra Azul TC = Tunitas Creek
FFO = Foothills Field Office OSP = Open Space Preserve SAO = South Area Outpost TH = Teague Hill
FOOSP = Fremont Older Open Space Pres.P### = Patrol Vehicle SAU = Mount Umunhum TW = Thornewood
Abbreviations
R-19-07
Meeting 19-02
January 23, 2019
AGENDA ITEM 3
AGENDA ITEM
Appointment of Board of Directors Standing Committee Members and Representatives to
Various Bodies, Including the Governing Board of the Midpeninsula Regional Open Space
District Financing Authority, for Calendar Year 2019
BOARD PRESIDENT’S RECOMMENDATIONS
1. Approve the Board President’s appointments to the Board Standing Committees and other
bodies, including the Governing Board of the Midpeninsula Regional Open Space District
Financing Authority, and determine the compensation status for attendance at these meetings.
2. Approve formation of an ad hoc committee to meet with a liaison committee of the Santa
Cruz County Local Agency Formation Commission to discuss the upcoming service review
of the District, and authorize the Board President to appoint three Directors to serve on the ad
hoc committee.
SUMMARY
Every year, the newly elected Board President appoints members to each of the Board’s Standing
Committees, the Governing Board of the Midpeninsula Regional Open Space District (District)
Financing Authority (“Authority”), and for representing the District on outside bodies, with
consent of the full Board.
DISCUSSION
Standing Committees
The Board Policy on Committees (1.04) states that the Board President appoints Board members to
annual Standing Committees and for representing the District on outside bodies, with the consent of
the Board. According to Board Policy 1.04, appointments to the standing committees are made at
the first regular meeting following the meeting at which officers of the Board are elected. The five
Board Standing Committees are:
1. Action Plan and Budget Committee (ABC)
2. Legislative, Funding and Public Affairs Committee (LFPAC)
3. Planning and Natural Resources Committee (PNR)
4. Real Property Committee (RPC)
5. Board Appointee Evaluation Committee (BAE)
Following the Board Policy on Committees, Director Kishimoto (Board Treasurer) will be assigned
as one of the three members of ABC. Also, the Board Appointee Evaluation Committee shall
R-19-07 Page 2
include the Board President (Siemens) and Vice President (Holman) as two of the three members of
the Committee.
The proposed committee assignments for 2019 are as follows:
Action Plan and Budget:
• Yoriko Kishimoto
• Jed Cyr
• Curt Riffle
Board Appointee Evaluation:
• Pete Siemens
• Karen Holman
• Curt Riffle
Legislative, Funding, and Public Affairs:
• Karen Holman
• Larry Hassett
• Zoe Kersteen-Tucker
Planning and Natural Resources:
• Yoriko Kishimoto
• Jed Cyr
• Karen Holman
Real Property:
• Pete Siemens
• Larry Hassett
• Zoe Kersteen-Tucker
Financing Authority
The Governing Board of the Authority consists of five members. In accordance with the Joint
Powers Agreement and its bylaws, the District’s Board President (Siemens) shall automatically
be the Chairperson of the Authority, and the Board Treasurer (Kishimoto) shall also serve on the
Authority Board. Two of the other four members are appointed by the Board President, to be
selected from among the District’s Board of Directors. The fifth member is the member of the
Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the
Midpeninsula Regional Open Space District, and who is appointed to the Board of the Financing
Authority by the Chairman of the Board of Supervisors. Supervisor Simitian continues to serve
on the Authority Board as appointed by the Santa Clara County Board of Supervisors.
Governing Board of the Midpeninsula Regional Open Space District Financing Authority
• Pete Siemens
• Yoriko Kishimoto
• Jed Cyr
• Larry Hassett
R-19-07 Page 3
Outside Bodies
Board members also represent the District on various external bodies. The assignments for
external bodies are as follows:
• Santa Clara County Special District’s Association – Pete Siemens
• San Mateo County Special District’s Association – Zoe Kersteen-Tucker
• Santa Clara Valley Water District Water Commission –Yoriko Kishimoto
• Santa Clara County Local Agency Formation Commission Independent Special District
Representative Alternate – Yoriko Kishimoto
• California Joint Powers Insurance Authority Delegate – Pete Siemens
Santa Cruz County Local Agency Formation Commission Ad Hoc Committee
California Government Code requires Local Area Formation Commissions to perform service
(Code section 56430) and sphere (Code section 56425) reviews of the special districts in their
respective counties every five years. Santa Cruz County Local Area Formation Commission
(LAFCO) seeks to complete the service and sphere reviews by June 30, 2019. Their reviews are
not binding -- these reviews only provide recommendations for agencies to consider. As part of
this upcoming District review, LAFCO is considering the following three questions:
1. Should the two District properties in Santa Cruz County that lie outside the District’s
boundary and sphere be added to the Sphere of Influence?
2. Are there other properties that should be added to the District Sphere in Santa Cruz
County?
3. Are there benefits to either annexing parts or all of the remainder of Santa Cruz County to
the District (in lieu of forming a separate regional district) or contracting with the District
for similar services?
LAFCO requested formation of a Board ad hoc committee to provide early input and guidance
prior to LAFCO completing this service review. At its meeting on January 9, 2019, LAFCO
appointed a liaison committee to work with the District’s ad hoc committee, which includes
Chair Jim Anderson and Roger Anderson. A copy of the LAFCO report regarding the upcoming
service and sphere reviews is attached.
Applicable Board Policies
Board Policy 6.06 (Meeting Compensation, Reimbursement of Authorized Necessary Expenses for
Performance of Official Duties, and Adoption of Ethics Training Requirements Pursuant to
Government Code Section 53232 et seq. (AB1234)) of the Board Policy Manual states that all
Standing Committees are compensable and compensability for attendance of Ad Hoc Committee
meetings is determined on an as-needed basis by the Board. It is recommended that Board members
be compensated for attendance at all Board Committee and Authority meetings, including Ad Hoc
Committees. It is further recommended that Board member attendance at meetings where the Board
member is the District’s appointed representative also be compensated.
In accordance with California Public Resources Code Section 5536 and Board Policy 6.06, each
District Board member may receive compensation in an amount not to exceed one hundred dollars
($100) per day for each attendance at a Board meeting (Government Code section 5536).
Accordingly, with seven Board members, the maximum the entire Board could receive at this time is
$42,000 per year. The District’s current proposed budget for Board meeting compensation is
$38,000 for fiscal year 2019-20. If it is later determined that additional funds are required, a budget
adjustment may be requested. At this same Board meeting, the full Board will consider increasing
R-19-07 Page 4
the number of compensable meetings to a maximum of six per month pursuant to new law. If
approved, the maximum amount the entire Board could receive would be $50,400 per year.
FISCAL IMPACT
There will be no new or incremental fiscal impact associated with this specific action. Board
compensation for committee work is included in the annual budget.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Committee.
PUBLIC NOTICE
Public Notice was provided pursuant to the requirements of the Brown Act. No further notice is
required.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act (CEQA)
and no environmental review is required.
NEXT STEPS
If approved, staff will prepare a new roster of Board Committee assignments for posting
internally and on the District website.
Attachments:
1. Santa Cruz County Local Agency Formation Commission December 5, 2018 Report Re:
Scope of Work: Sanitation and Miscellaneous Agencies Service and Sphere Reviews
Responsible Department Manager:
Ana Ruiz, General Manager
Prepared by:
Jennifer Woodworth, District Clerk/Assistant to the General Manager
Contact person:
Pete Siemens, Board President
1
Scope of Work
Sanitation and Miscellaneous Agencies Service and Sphere Reviews
Date: November 27, 2018 for December 5, 2018 Agenda
To: LAFCO Commissioners
From: Patrick M. McCormick, Executive Officer PMMCC
Subject: Scope of Work
______________________________________________________________________________
Summary: The Commission is preparing to utilize a consultant to conduct the 12 service and
sphere reviews remaining in the current round of reviews.
Recommendation: Receive agency and public comments, and authorize the scope of work.
______________________________________________________________________________
At its last meeting, the Commission asked staff to prepare a scope of work and to identify a
consultant to prepare the remaining 12 service and sphere reviews in the current round of
state-mandated reviews. The staff has drafted a scope as shown below in this memo.
Finalizing a scope will allow staff to proceed with consultant selection.
SCOPE OF WORK
2019 SANITATION AND MISCELLANOEOUS AGENCIES
SERVICE AND SPHERE REVIEWS
The Local Agency Formation Commission of Santa Cruz County (LAFCO) desires to utilize a
consulting firm to complete the current round of municipal service reviews and sphere of
influence reviews. Twelve agencies are the subjects of this project. Ten are sanitation agencies
and two are unique special districts:
Sanitation Agencies
Davenport County Sanitation District
Freedom County Sanitation District
Salsipuedes Sanitary District
Santa Cruz County Sanitation District
CSA 2 Place de Mer
CSA 5 Sand Dollar/Canon del Sol
CSA 7 Boulder Creek
CSA 10 Rolling Woods/Graham Hill
CSA 20 Trestle Beach
San Lorenzo Valley Water District (Bear Creek Estates)
Miscellaneous Districts
Midpeninsula Regional Open Space District
Santa Cruz Port District
2
OVERVIEW
The reviews will be conducted in accordance with Government Code section 56430 (service
reviews) and Government Code section 56425 (spheres). The consultant will prepare one or
more written reports, including determinations and recommendations for potential
organizational changes and spheres of influence, and present the report and recommendations
at a LAFCO public hearing.
LAFCO is open to the consultants’ professional judgment as to the best approach to conducting
the reviews and formatting the written report.
The outgoing Executive Officer will be available to work closely with the consultants during
entire length of the project. It is anticipated that the incoming Executive Officer will be on the
job in early April 2019 and will then take over project supervision.
TIMING
The tentative timing for this project is for the contract to be authorized at LAFCO’s January 9,
2019 meeting, and for the written report to be completed and delivered no later than June 30,
2019. The consultant may propose alternate timing if needed or helpful to produce a superior
result.
DETAILS
There are 14 sanitation agencies in Santa Cruz County. The cities of Santa Cruz, Scotts Valley,
and Watsonville maintain collection systems and treatment plants. The Santa Cruz Treatment
Plant has contracts to treat sewage from the Santa Cruz County Sanitation District and County
Service Area 10 (Rollings Woods/Graham Hill). The Watsonville Treatment Plant has contracts
to treat sewage from the Freedom County Sanitation District, the Salsipuedes Sanitary District,
as well as the Pajaro/Sunny Mesa Community Services District in Monterey County.
The other seven sanitation agencies have individual treatment and disposal systems:
Davenport County Sanitation District
CSA 2 Place de Mer
CSA 5 Sand Dollar/Canon del Sol
CSA 7 Boulder Creek
CSA 10 Rolling Woods/Graham Hill
CSA 20 Trestle Beach
San Lorenzo Valley Water District (Bear Creek Estates).
The Santa Cruz County Department of Public Works staffs and operates the Santa Cruz County
Sanitation District, the Davenport County Sanitation District, the Freedom County Sanitation
District, and the five county service areas. The Davenport County Sanitation District operates
3
both the water and sanitary sewer system in Davenport. The City of Santa Cruz collects surface
water from North Coast streams between Davenport and Santa Cruz.
The Salsipuedes Sanitary District operates their collection system. The San Lorenzo Valley
Water District operates the Bear Creek Estates collection system and treatment plant.
This study will not address the three city sanitation systems, which LAFCO has addressed
though separate reviews. This study will not address the water service functions of the San
Lorenzo Valley District.
The organization of the sanitation agencies in Santa Cruz County has evolved in each
community and has never been subject to a comprehensive regional evaluation of whether
operational efficiencies can be realized by reorganizing the governance and staffing models.
This project will look for such potential efficiencies.
ISSUES
1) SANTA CRUZ COUNTY SANITATION DISTRICT (SCCSD)
a. Should the SCCSD remain governed by a dependent board (two supervisors and
one Capitola City Council member) and staffed by the County Public Works
Department?
b. Should the SCCSD become the anchor of a regional sanitation agency for which
some or all of the nine small agencies then dissolve and annex to the regional
agency?
c. Are any SCCSD sphere amendments desirable?
d. Should the SCCSD adjust its boundaries to generally coincide with its Sphere of
Influence and the County’s Urban Services Line. This would involve detaching
unserved rural areas, and annexing currently unserved urban areas located
within the Urban Services Line.
2) DAVENPORT COUNTY SANITATION DISTRICT
a. Should the Davenport County Sanitation District remain as a dependent district
of the County, or annex to the SCCSD?
b. Should the water function of the Davenport County Sanitation District be
transferred to the City of Santa Cruz?
3) FREEDOM COUNTY SANITATION DISTRICT
a. Should the Freedom County Sanitation District remain as a dependent district of
the County, or annex to the SCCSD?
b. Should the City of Watsonville assume operation of the FCSD collection system
through contract or reorganization?
4
4) SALSIPUEDES SANITARY DISTRICT
a. Should the Salsipuedes Sanitary District remain as an independent district, or
annex to the SCCSD?
b. Should the City of Watsonville assume operation of the SSD collection system
through contract or reorganization?
5) COUNTY SERVICE AREA 10 (ROLLING WOODS/GRAHAM HILL)
a. Should the CSA 10 remain as a dependent district of the County, or annex to the
SCCSD?
b. Should the City of Santa Cruz assume operation of the CSA 10 collection system
through contract or reorganization?
6) PACKAGE TREATMENT PLANT CSAs (CSA 2, 5, 7 and 20)
a. Should CSA 2, 5, 7 and 20 remain as a dependent districts of the County, or
annex to the SCCSD?
7) SAN LORENZO VALLEY WATER DISTRICT (BEAR CREEK ESTATES)
a. Should Bear Creek Estates remain as function of the San Lorenzo Valley Water
District, or annex to the SCCSD?
b. Are there any other options for the Bear Creek Estates unit (private operation,
become a CSA)?
8) MID-PENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD)
a. The MROSD has acquired two properties in Santa Cruz County outside their
boundary and sphere. Should these be added to their Sphere of Influence?
b. Are there other properties that should be added to the MROSD Sphere in Santa
Cruz County?
c. There has been community interest in forming a Regional Open Space District in
Santa Cruz County. Are there benefits to either annexing parts or all of the
remainder of Santa Cruz County to the MROSD (in lieu of forming a regional
district) or contracting with the MROSD (through the County Parks CSA).
9) SANTA CRUZ PORT DISTRICT
a. The Port District has an irregular boundary and sphere on the west side of the
City of Santa Cruz. Should the status quo be maintained, or should the sphere be
expanded to cover the entire city limits?
5
RESOURCES
Current Sphere of Influence Maps:
Davenport County Sanitation District
Freedom County Sanitation District
Salsipuedes Sanitary District
Santa Cruz County Sanitation District
CSA 2 Place de Mer
CSA 5 Sand Dollar/Canon del Sol
CSA 7 Boulder Creek
CSA 10 Rolling Woods/Graham Hill
CSA 20 Trestle Beach
Midpeninsula Regional Open Space District
Santa Cruz Port District
Prior Service and Sphere Reviews:
2005 Countywide Service Review link
2011 Santa Cruz County Sanitation District link
2011 Freedom link
2013 County Service Area 10 link
2013 Midpeninsula Regional Open Space District link (Santa Clara LAFCO)
2014 San Lorenzo Valley Water District link
2016 Salsipuedes link
Other Information:
Santa Cruz County Sanitation District Budget link
Freedom County Sanitation District Info link
Santa Cruz County Geographic Information System Open Source Data link
2018 Public Meeting Notice for Bear Creek Estates Sanitary Sewer Rate Increase link
6
cc: Santa Cruz County Sanitation District
Davenport County Sanitation District c/o County Public Works
Freedom County Sanitation District c/o County Public Works
Salsipuedes Sanitary District
San Lorenzo Valley Water District
City of Santa Cruz, Director of Public Works
City of Watsonville, Director of Public Works
Midpeninsula Regional Open Space District
Santa Cruz Port District
Page 1 of 1
Status of Work Program
Contract for Service and Sphere Reviews
Appoint Ad Hoc Committee
Date: December 28, 2018 for January 9, 2019 Agenda
To: LAFCO Commissioners
From: Patrick M. McCormick, Executive Officer PMMCC
Subject: Status of Work Program
______________________________________________________________________
Summary: The Commission is considering contracting with a consulting firm to complete
the current round of service and sphere reviews.
Recommendation: Defer the decision on signing the contract, and appoint an ad hoc
committee to perform liaison with the boards of the agencies that will be studied in the
upcoming service and sphere reviews.
______________________________________________________________________
At its last meeting, the Commission approved a scope of work for preparing the
remaining 12 service and sphere reviews in the current round of state-mandated
reviews. The subject agencies are:
Sanitation Agencies
Davenport County Sanitation District
Freedom County Sanitation District
Salsipuedes Sanitary District
Santa Cruz County Sanitation District
CSA 2 Place de Mer
CSA 5 Sand Dollar/Canon del Sol
CSA 7 Boulder Creek
CSA 10 Rolling Woods/Graham Hill
CSA 20 Trestle Beach
San Lorenzo Valley Water District
Miscellaneous Districts
Midpeninsula Regional Open Space Dist.
Santa Cruz Port District
In discussing the scope with the staffs of the affected agencies, I have come to realize
that it would be helpful to have an ad hoc committee of LAFCO Commissioners to be
available to meet with ad hoc committees of the agencies’ policy boards. I expect that
the LAFCO committee would have one or two meetings. The LAFCO committee would
discuss the upcoming study with the respective committees of the one or two of the
agencies under study. The LAFCO committee would not have any delegated authority
to take any action on behalf of LAFCO.
It is RECOMMENDED that the Commission:
--Defer the decision on signing the contract, and
--Appoint an ad hoc committee of 1-3 commissioners to perform liaison with the
boards of the agencies that will be studied in the upcoming service and sphere
reviews.
R-19-08
Meeting No. 19-02
January 23, 2019
AGENDA ITEM 4
AGENDA ITEM
Board Compensation Policy Amendment
GENERAL MANAGER’S RECOMMENDATIONS
1. Adopt a Resolution approving amendments to Board Policy 6.06 – Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for Performance of Official Duties, and
Adoption of Ethics Training Requirements Pursuant to Government Code Section 53232 et
seq. (AB1234) – to increase the number of compensable meetings from five to six per month.
2.Direct the General Manager to either introduce an ordinance increasing Board compensation
to $105.00 per meeting pursuant to new law, or to do further research and bring additional
pertinent information back to the Board to inform its direction.
SUMMARY
In January 2017, the Board of Directors expressed concern that legislative changes affecting the
tax deductions of elected officials. On November 8, 2017, the Board directed staff to explore
options to remedy these concerns and supported legislative changes to support this direction.
Governor Brown signed Assembly Bill 2329 (Obernolte) on August 20, 2018. Effective January
1, 2019, it allows the Board to increase the total number of compensable meetings in a month
from five to six upon annually adopting written findings that more than five meetings per month
are necessary for the effective operation of the District. Additionally, it allows the District to
increase the per meeting compensation, not to exceed 5% annually, by ordinance. Based on
these recent legislative changes, the General Manager recommends increasing the number of
Board compensable meetings to six per month and direction on introducing a new ordinance to
increase the per meeting compensation by 5% to $105.00. Based on available funds, the
proposed increases are expected to fall within the Board-approved Fiscal Year 2018-19 budget.
Future budgets would reflect Board-approved changes to compensation.
DISCUSSION
Prior to January 1, 2019, California Public Resources Code section 5536 set compensation for
Board members at $100 per meeting with a maximum of $500 or five meetings per month. This
level of Board compensation had not changed since 1984. Based on US inflation calculators, the
cumulative rate of inflation during this timeframe has been approximately 141.5%.
Although compensation has not changed in 34 years, the scope of Board member responsibilities
and the complexity of policy oversight has substantially grown:
R-19-08 Page 2
• Since 1984, the District’s budget has grown from $13.9 million to $103 million, which
includes the purchase of the new administrative office
• The District secured a substantial second funding source for capital projects in the form
of a $300 million general obligation bond passed by voters in 2014
• District land holdings have grown from 18,300 acres to 63,500 acres
• The District now operates in three counties, including the San Mateo County coast, while
it previously had operated in only two counties and was limited in San Mateo County to
the southern bayside area.
• The District’s constituent population grew from 570,000 to 760,000
Based on Board direction in 2017, staff collected monthly compensable meeting data throughout
2017 and 2018 to assess the appropriateness of requesting new legislation for 2019. However, in
mid-June of 2018, the District’s legislative consultant, Public Policy Advocates, alerted staff of a
related bill, AB 2329 (Obernolte), which provided Board members with enhanced latitude in
increasing the number of compensable meetings and per meeting compensation amount. The
intent of the bill, as expressed in the author’s bill analysis, is as follows:
"This bill puts special districts on the same playing field. Many special districts are operated
with small boards of directors that work diligently to make their special district as useful to
the community as possible. This important work takes board members' time. Allowing
special districts to be allowed the same amount of meetings a month will help level the
playing field for those districts that currently have lower limits. Additionally, allowing
districts the authority to slightly adjust their compensation annually will help districts assess
for themselves what is fair and what their district can handle, rather than raising the
compensation statewide."
After reviewing the bill and conferring with the General Manager, the District actively supported
the bill per Board Policy 1.11 –Positions on Ballot Measures and Legislative Advocacy. The
Chief Financial Officer traveled to Sacramento and testified before the Senate Governance and
Finance Committee on June 20, 2018. He described the increased responsibilities that the
District’s Board has taken over the last 34 years since their compensation was defined.
Additional support letters were also sent. Ultimately, the legislature passed the bill, which the
Governor signed in 2018.
Increase in number of compensable meetings per month
In November 2017, the Board amended Board Policy 6.06 to expand the definition of
compensable meetings to include Board field trips to District project locations, trainings required
by State law, and celebratory ribbon cuttings for projects on District lands. The Board also
determined that briefings with staff on District projects, and Board member attendance at
meetings of outside agencies where the Board member is an appointed representative, would be
considered compensable. Due to the increase in projects requiring Board committee
consideration, including the new administrative office and policy updates, the number of
meetings requiring Board member attendance increased approximately 40% from 2017 to 2018.
Due to the change in the law effective January 1, 2019, the attached amendments to Board Policy
6.06 Meeting Compensation, Reimbursement of Authorized Necessary Expenses for Performance
of Official Duties, and Adoption of Ethics Training Requirements Pursuant to Government Code
Section 53232 et seq. (AB1234) would allow Board members to be compensated for up to six
meetings per month. The attached Resolution adopting the revised policy includes written
R-19-08 Page 3
findings supporting the conclusion that more than five meetings per month are necessary for the
effective operation of the District. The newly amended Public Resources Code section 5536
requires the Board to annually adopt written findings in order to support a policy that more than
five meetings per month are necessary for the effective operation of the District.
Increase in $100 per meeting compensation
In addition to increasing the number of compensable meetings to six, the amendments to Public
Resources Code section 5536 allow the District to adopt an ordinance increasing the per meeting
compensation by up to 5% annually. The ordinance must be adopted pursuant to the procedure
used by water districts (Water Code section 20200 et seq) that includes multiple opportunities for
the public to provide input through a public hearing and a petition process. The procedure for
adopting a compensation increase is:
• Publish a notice of the public hearing in the local newspaper once per week for two
consecutive weeks.
• Hold a public hearing (first reading), and adopt the ordinance at a subsequent meeting
(second reading)
• Within 60 days after adoption, the public may petition for reconsideration of the
ordinance. In this case, the Board must reconsider the ordinance before enacting it.
To date, it is unclear whether other Public Resources Code section 5500 agencies will increase
the $100 per meeting compensation amount. For the sake of comparison, East Bay Regional
Park District Board members are compensated $100 per meeting, 10 meetings per month.
Examples of compensation for non-section 5500 entities include:
• Santa Clara Valley Open Space Authority: $75 per meeting (2 meetings per month)
• Santa Clara Valley Water District Board: $273 per meeting (10 meetings per month)
• Palo Alto City Council: $1000 per month
If the Board does not wish to consider a draft ordinance in the immediate future to increase
compensation to $105 per meeting, one alternative is to direct the General Manager to do further
research and bring this issue back at the beginning of Fiscal Year 2019-2020, or at some other
time such as the beginning of the District’s fiscal year.
FISCAL IMPACT
In FY2018-19, the budget provides up to $35,000 for Board meeting compensation, which has
$20,500 remaining for the current fiscal year. This amount may not be sufficient to compensate
Board members for the remainder of the fiscal year and is contingent upon the number of
compensable meetings held per month. If it is later determined that additional funds are required,
a budget adjustment may be requested.
BOARD COMMITTEE REVIEW
The Legislative, Funding, and Public Affairs Committee (LFPAC) discussed the topic of Board
compensation in March and August 2017. In March 2017, LFPAC requested to narrow the
compensation options to four areas:
• Estimate an adjustment based on the Consumer Price Index (CPI);
• Consider increasing the days of service compensated per month;
R-19-08 Page 4
•Explore what meetings should be compensable; and
•Provide mileage reimbursement options.
With the passage of AB2329 and additional District changes, the District addressed each of these
four areas.
•AB2329 allows for an up to 5% annual increase to the per meeting compensation.
•AB2329 allows an increase in the number of compensable meetings to six per month,
provided that the Board makes certain findings annually with regard to the need for six
meetings.
•In November 2017, the Board interpreted a broader reading of Board policy 6.06 to
expand the definition of “meetings of the Board of Directors” as outlined above.
•Board members began receiving mileage reimbursements for District meetings not held
at the administrative office starting in August 2017.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
The Board compensation policy would be considered by the Board annually to allow the Board
to make the written findings to allow six compensable meetings per month as required by Public
Resources Code section 5536.
If directed to do so by the Board, the General Manager will prepare to introduce an ordinance to
increase compensation to $105 per meeting, publish a notice, and agendize a public hearing for
that purpose.
ATTACHMENTS:
1. California Public Resources Code 5536 as amended, effective January 1, 2019
2. Resolution making findings that more than five meetings are necessary for the effective
operation of the District, and adopting a Revised “Board Policy 6.06 – Meeting
Compensation, Reimbursement of Authorized Necessary Expenses for Performance of
Official Duties, and Adoption of Ethics Training Requirements Pursuant to Government
Code Section 53232 et seq. (AB1234)”
Responsible Department Head:
Ana Ruiz, General Manager
Prepared by:
Jennifer Woodworth, District Clerk/Assistant to the General Manager
Joshua Hugg, Governmental Affairs Specialist
Midpeninsula Regional Open Space District
Board Policy Manual
Meeting Compensation,
Reimbursement of Authorized
Necessary Expenses for Performance
of Official Duties, and Adoption of
Ethics Training Requirements
Pursuant to Government Code Section
53232 et seq. (AB 1234)
Policy 6.06
Chapter 6 – General
Effective Date: 1/30/08 Revised Date: 8/9/171/9/19
Prior Versions: 11/13/13, 8/9/17
Board Policy 6.06 Page 1 of 5
A. COMPENSATION OF BOARD MEMBERS
1.Pursuant to Public Resources Code section 5536, members of the Board shall
receive one hundred dollars ($100.00) for each attendance at a Board meeting.
This amount shall be the maximum compensation allowable to a board member
on any given day. A Board meeting includes a special meeting, a continued
meeting, a closed session, a public hearing, or a meeting of a standing
committee of the Board. Attendance at an ad hoc or other committee meeting
shall be compensable only when determined to be so by the Board. Only Board
members, who are members of the committee, or authorized substitutes
appointed by the presiding officer, may be compensated for attendance at the
meeting. A committee of the Board includes a committee of one and Board-
appointed representatives on a committee established by other organizations.
2.Board members may be compensated for up to six meetings in a calendar
month.
3.Pursuant to Public Resources Code section 5536, the Board may adopt an
ordinance to increase the amount of compensation received for attendance at a
Board meeting. The increase may not exceed an amount equal to five percent for
each calendar year following the operative date of the last adjustment of the
compensation which is received when the ordinance is adopted. Adoption of such
an ordinance must comply with the procedure set forth in California Water Code
section 20200 et seq.
B. TRAVEL AND INCIDENTAL EXPENSES INCURRED WHILE PERFORMING AUTHORIZED
DISTRICT BUSINESS
1.Types of Occurrences and Meetings that Qualify for Expense Reimbursement. Board
Members are eligible for reimbursement for actual and necessary expenses incurred
in the performance of their authorized official duties as provided in Public Resources
Code Sections 5536 and 5536.5 and AB 1234 as follows:
ATTACHMENT 1
Board Policy 6.06 Page 2 of 5
a.Attendance at conferences in accordance with the Board’s “Budget
Guidelines for Conference Attendance”, or if the Board, on a case-by-case
basis, approves other conference attendance in advance, due to specific
business needs of the District.
b.Board authorized or General Manager requested, attendance at meetings
with nonprofit organizations, joint powers agencies, other government
agencies such as grant-funding agencies, District legislators or their staff,
local, state or federal representatives, and similar meetings, when such
attendance is necessary in order to effectively represent the District’s
position on a matter of District concern.
2.Government and Group Rates. Airlines, hotels, rental car companies, and other
businesses often make special rates available to government agencies or groups.
These rates are presumed to be the most economical and reasonable rates for
the purposes of this Policy and shall be obtained whenever available.
3.Transportation. Generally, travel to Board-authorized conferences or other
authorized travel between points within 150 miles of the District’s
Administrative Office by the Board Member’s private vehicle shall be at the
current rate established by the Internal Revenue Service. Travel exceeding 150
miles shall be at rates not exceeding the most economical rates of a public
carrier. Specific types of transportation expenses shall be reimbursed as follows:
a.Air Travel. Board Members may be reimbursed for the cost of a
roundtrip economy-class ticket, provided the amount of
reimbursement does not exceed the least expensive airfare that is
consistent with the Board Member’s reasonable scheduling constraints.
b.Personal Vehicle Travel. Board Members may be reimbursed for
expenses incurred in traveling by personal vehicle at the current
Internal Revenue Service mileage rate.
c.Car Rental Reimbursement. Where necessary when attending a
conference or other authorized travel, Board Members may be
reimbursed for the expense of a rental car, provided the amount of
reimbursement does not exceed the most economical and reasonable
rates available. When more than one Board Member attends the event,
Board Members shall share the rental car where feasible.
Conference and Travel Meals. Board Members may be reimbursed for meal expenses on a per
diem basis for meals consumed in conjunction with conference attendance or authorized travel.
The per diem rate for breakfast, lunch, and dinner shall be the daily per diem rate established
by the Federal Government General Services Administration (GSA) (www.gsa.gov/perdiem) for
the region where the conference/training is located. Where the conference/training site or
hotel includes meals in the cost of the registration, such meals shall not be included in the per
diem allowance unless dietary restrictions require obtaining meals from other sources. A
breakdown of allowable rates for breakfast, lunch, and dinner may be found on the GSA web
page (www.gsa.gov/mie).
Board Policy 6.06 Page 3 of 5
The above limitations do not apply to meals at conferences or authorized travel at which a fixed
price meal is served as part of or during the event. In such a case, the actual cost of the meal
will be reimbursed.
If a meal is provided by a conference or included in the payment of the registration fee, Board
Members may not be reimbursed for meals purchased in lieu of or in addition to the provided
meal, unless it is infeasible for the Board Member to attend the meal due to the need to
conduct other District business.
1.Conference and Travel Lodging. The District will reimburse lodging expenses
when conference or other authorized travel reasonably requires an overnight
stay, provided the amount of the reimbursement does not exceed economical
and reasonable rates for lodging that meets the Board Member’s reasonable
scheduling and official business needs. For lodging in connection with a
conference, such lodging costs shall not exceed the maximum group rate
available through the conference or event sponsor, provided that the lodging at
the group rate is available to the Board Member at the time of booking. If the
conference rate is not available, the Board Member shall use comparable lodging
and may be reimbursed at a nightly rate not to exceed the maximum group rate
available through the conference.
2.Incidental Expense Reimbursement. Board Members may be reimbursed for
actual and necessary incidental expenses incurred in connection with authorized
conferences or travel. Such expenses may include reasonable and customary
gratuities, parking fees, taxi fares, public transportation costs, tolls, telephone
calls, internet, postage, facsimile charges, and similar incidental expense.
3.Conference Registration Fee Reimbursement. Board Members may be
reimbursed for the expense of an authorized conference registration fee as set
out in the Board’s “Budget Guidelines for Board Conference Attendance” or as
authorized by the Board on a case by case basis.
4.Other Expenses. All other actual and necessary expenses incurred in the
performance of official duties that are not listed in this Policy shall not be
reimbursed unless reimbursement is approved by the Board in advance of
incurring the expense.
5.Prohibited Expense Reimbursements. Board Members shall not be reimbursed
for expenses such as alcoholic beverages; spouse, domestic partner, or family
member expenses; entertainment expenses such as movie, theatre, or sporting
event fees; nor for fines for vehicle citations or damage to personal vehicles used
in the course of District business. Exceptions can be approved by the Board
when necessary to comply with the Americans with Disabilities Act or other
applicable law, such as the payment for a necessary caregiver or companion to
accompany a Board Member due to a qualifying disability.
Board Policy 6.06 Page 4 of 5
C. CELL PHONE REIMBURSEMENT
The District shall reimburse Board Members for the use of their personal cellular phone to
conduct Board business, receive or make calls with constituents and communicate with District
management. The reimbursement shall be $32.50 per month. To be eligible for this
reimbursement, the Board Member shall need to submit a completed Cell Phone
Reimbursement Form to the District Clerk for processing.
Whether or not an employee’s cell phone charges are reimbursed by the District, any records of
District business conducted on a personal cell phone or other device (including photos,
voicemail, text, and electronic mail) must be made available to the District upon request,
including but not limited to when needed to comply with a Public Records Act request.
D. DOCUMENTATION FOR COMPENSATION AND REIMBURSEMENT
1.Documentation Requirements. The District shall provide Board Members with
expense report forms to be filed by the Member for reimbursement of actual and necessary
expenses which are authorized to be reimbursed under this Policy. The form shall be used to
document the expenses for which reimbursement is sought is proper under this Policy. The
District shall also provide a separate form to document compensable meetings.
a.Time for Filing Forms. Board Members must file expense report forms within
by the end of the calendar month following the calendar month when the expense was
incurred in order to receive reimbursement. The expense report forms shall be accompanied
by itemized receipts for items documenting each expense. Compensation forms shall also be
filed by the end of the month following calendar month of the meeting for which compensation
is sought. In the event a Board Member is unable to file such forms by the end of the following
calendar month due to extenuating circumstances, such as his or her absence from home or
illness, the Board Member shall file such forms as soon as feasible. In no event shall such forms
be filed later than ninety (90) days from the compensable meeting or incurring of the expense.
If a Board Members fails to file a timely reimbursement or compensation form, the Board
Members shall be ineligible to receive the requested payment.
b.Offset of Amounts Due the District. If a Board Member has reimbursable
expenses or compensation due from the District, and that Member owes any amounts to the
District, such amounts due shall be deducted from the reimbursement or compensation
otherwise due to the Board Member.
c.Public Records. All documents related to reimbursable expenses are
considered public records subject to disclosure under the California Public Records Act.
2.Report to Board Regarding Compensable Activities. Board Members shall
provide brief reports on meetings attended for which compensation is provided by this Policy at
the next regular Board meeting attended by the Board Member. The report may be made
orally during Board Informational Reports, or in writing. If provided in writing, the Board
Member shall state at the meeting that he or she is submitting to the District Clerk a written
report of compensable meetings attended.
E. ETHICS TRAINING PURSUANT TO AB 1234
Board Policy 6.06 Page 5 of 5
Each Board Member shall receive at least two hours of training in general ethics principles and
laws relevant to his or her public service every two years. The District shall annually provide
information on training alternatives available to Board Members to meet the requirements of
AB 1234. The District shall maintain documentation of the dates that Board Members received
this training and the entity that provided the training.
Resolutions/2019/19-__ApprovingChangestoBoardCompensation 1
RESOLUTION NO. 19-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING CHANGES TO BOARD COMPENSATION POLICY
WHEREAS, Effective January 1, 2019, California Public Resources Code section 5536
provides that Board members may be compensated for up to six meetings in a calendar month,
provided that the Board makes the written findings that more than five meetings per month are
necessary for the effective operation of the District; and
WHEREAS, the Board of Directors wishes to increase the number of compensable meetings
from five to six meetings per calendar month.
NOW THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District
does resolve as follows:
SECTION ONE. FINDINGS:
1. Board compensation established pursuant to Public Resources Code section 5536 has not
changed since 1984. Although the $500 cap on monthly compensation has not changed
since 1984, the scope of Board member responsibilities and the complexity of policy
oversight has substantially increased.
2. Since 1984, the District’s budget has grown from $13.9 million to $73 million.
3. Since 1984, District land holdings have grown from 18,300 acres to 63,500 acres.
4. In 1984 the District operated in two counties and the District boundary was limited to the
southern bayside area of San Mateo County. Now, the District operates in three counties,
including an additional 144,000 acres of San Mateo County coastal area annexed into
District boundaries in 2004.
5. Since 1984, the District’s constituent population has grown from 570,000 to 760,000.
6.The District secured a substantial funding source for capital projects with the passage of a
$300 million general obligation bond approved by voters in 2014.
7.There are currently at least two Regular Meetings of the Board every calendar month.
8. Currently, there is an average of at least one standing committee meeting held every
calendar month in order to effectively advise the Board in the following areas: Real
Property acquisitions, Planning and Natural Resources issues, the Legislative and Public
Affairs program, the annual Action Plan and Budget, and performance evaluations of
Board appointees.
9. Currently, the Board typically holds numerous other special meetings during the course
of the year, which may include but are not limited to: community workshops, study
sessions, site visits, committees established by other organizations, and other similar
meetings.
10. In every year since 2015, Board members have attended an average of 3.5 compensable
meetings per month.
11. In 2017, Board members attended an average of 3.4 compensable meetings per month,
and as many as 6 per month.
12. In 2018, Board members attended an average of 4.4 compensable meetings per month–,
and as many as 9 per month.
ATTACHMENT 2
Resolutions/2019/19-__ApprovingChangestoBoardCompensation
13.Therefore, more than five compensable Board meetings per month are necessary for the
effective operation of the District.
SECTION TWO. Board Policy 6.06 (Meeting Compensation, Reimbursement of Authorized
Necessary Expenses for Performance of Official Duties, and Adoption of Ethics Training
Requirements Pursuant to Government Code Section 53232 et seq. (AB 1234)), attached hereto,
is hereby adopted to reflect that Board members may be compensated for up to six (6) meetings
per month.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2019, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Rev. 1/3/18
R-19-10
Meeting 19-02
January 23, 2019
AGENDA ITEM 5
AGENDA ITEM
Award of Contract for Vegetation Mapping Services in San Mateo County
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a multi-year cooperative agreement with Golden
Gate National Parks Conservancy of San Francisco, California, who is the lead in contracting
for regional vegetation mapping services, for an amount not to exceed $150,000.
2. Authorize a 12% contingency of $18,000 to request additional mapping services, if deemed
beneficial and appropriate, for a total contract amount not-to-exceed $168,000.
SUMMARY
To inform land management needs in San Mateo County, Midpeninsula Regional Open Space
District (District) seeks to collaborate with the Golden Gate National Parks Conservancy
(GGNPC) and other regional open space partners to produce seamless vegetation mapping and
data products for all of San Mateo County. This map and data will support future project
planning and resource protection efforts by providing staff with higher resolution data of existing
natural resource conditions, which will form a baseline by which to compare future survey data.
The General Manager recommends awarding a cooperative agreement with GGNPC to take the
lead in retaining vegetation mapping services for a base amount not to exceed $150,000, and
authorizing a 12% contingency amount of $18,000. There are sufficient funds in the Fiscal Year
2018-19 project budget to cover the recommended action and anticipated scope of services for
this fiscal year.
BACKGROUND
San Mateo County’s land managing agencies and stewards have the responsibility of caring
for a diverse mix of ecosystems, including estuarine, marine, oak woodland, redwood forest,
coastal scrub and oak savannah. Home to more than 112,000 acres of protected lands, the
county’s open spaces provide county residents, neighbors, and visitors with water, varied
recreation opportunities, scenic vistas, wildlife habitat, and vital refuges for many threatened,
endangered, and special status species. The county’s natural resources provide numerous
ecological, economic, and social benefits that are vitally interlinked to the county’s
communities. However, the health of the county’s natural resources are threatened by global
climate change, altered fire regimes, invasive non-native plants and animals, habitat
fragmentation, plant diseases and pathogens, noise, light, and air pollution, and other human and
natural impacts.
R-19-10 Page 2
To care effectively for the county’s ecosystems and infrastructure, resource and land
managers must know the location and distribution of those ecosystems across the county, and
have the ability to monitor change overtime. Unfortunately, there are serious gaps in knowledge
about the vegetation and landscapes of San Mateo County. In 2006, the District acquired fine-
scale vegetation maps for preserves and filled in county gaps with low-resolution statewide
vegetation mapping data. A comprehensive, countywide, fine-scale vegetation map has never
been completed, hampering cross-ownership planning and often resulting in incomplete or
piecemeal analysis. The new vegetation map will update the San Mateo County portions of the
2006 map.
This project will also allow the District to address more effectively a California Environmental
Quality Act mitigation requirement from the Final Environmental Impact Report for the
Integrated Pest Management Program (R-14-148) that calls for the development of a landscape-
level monitoring program.
This interagency collaborative project will result in improved scientific understanding of
vegetation conditions on all lands in San Mateo County. This information will allow the District
to make better decisions, inform multiagency efforts to manage the wildland-urban interface for
fire and fuel projects, and provide baseline information that can be used to assess changes
following landscape level events, such as wildfire.
DISCUSSION
Having accurate and consistent San Mateo countywide spatial vegetation data will be an
invaluable tool in managing and monitoring the county’s fire and flood hazards, its critical
habitats, and the resiliency of habitats to climate change impacts. To address these needs, the
Golden Gate National Parks Conservancy and other open space partners in San Mateo County
are working together to achieve the common goal of developing a fine scale countywide
vegetation map and landscape database.
The GGNPC is currently supporting a parallel countywide vegetation mapping effort in Marin
County with broad local and regional support. Similarly, the GGNPC’s partners in San Mateo
County will contribute expertise to the project’s ecological design and goals, and provide
resources to support and implement the work. For this project, the GGNPC’s staff will
provide centralized data management, project management support, and fundraising.
Support for this project is both broad and substantial as illustrated by Table 1, which lists the
partners who have pledged funding for this project. Table 2 includes the anticipated budget to
complete the project. Other organizations have voiced support for the project and are providing
expert advice, as appropriate, including California State Parks, the California Native Plant
Society, California Department of Fish and Wildlife, San Mateo Resource Conservation District,
and Peninsula Open Space Trust.
R-19-10 Page 3
Table 1 – Funding Partners and Amount Pledged
Organization Pledged Amount
National Park Service $407,339
San Mateo County Parks $50,000
San Mateo County (various departments) $195,000
San Francisco Public Utilities Commission $150,000
Golden Gate National Parks Conservancy $50,000
TOTAL $ 802,339
Table 2 – Anticipated Budget to Complete the Project
Project Activity Budget Amount
Project management and administration $54,000
6-inch ortho imagery acquisition and post processing $58,276
San Mateo countywide vegetation classification production: field data
acquisition and analysis $261,733
National Vegetation Classification (NVC) Compliance $15,000
Fine-scale vegetation map production and accuracy assessment $498,855
Optional 1-foot contour production $5,000
Optional Relative cover for forested stands layer upgrade $22,417
Optional Impervious surfaces layer upgrade $26,658
Optional San Mateo Fuels Mapping, including ladder fuels proxy $29,500
Total $971,439
FISCAL IMPACT
The adopted FY2018-19 budget includes sufficient funds to cover the recommended action and
expenditures in the Natural Resources Department operating budget (services and supplies) for
Vegetation Management. Future year expenditures would be included in the annual Budget and
Action Plan process.
San Mateo Vegetation
Map Services
FY
2018-19
FY
2019-20
FY
2020-21
FY
2021-22 Total
Award of Proposed Contract $50,000 $35,000 $35,000 $30,000 $150,000
Contingency (12%) $6,000 $4,200 $4,200 $3,600 $18,000
Total Not To Exceed: $56,000 $39,200 $39,200 $33,600 $168,000
The recommended action and expenditures are not eligible for Measure AA reimbursement.
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
R-19-10 Page 4
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Public notice was also sent to 127
interested parties by US mail and/or electronic mail.
CEQA COMPLIANCE
Funding the agreement to create a vegetation map is not a project subject to the California
Environmental Quality Act. However, this project will address more effectively the California
Environmental Quality Act requirement from the Final Environmental Impact Report for the
Integrated Pest Management Program (R-14-148) to develop a landscape-level monitoring
program.
NEXT STEPS
Following Board approval, the General Manager will execute a contract with Golden Gate
National Parks Conversancy for a four-year period beginning in FY2018-19. In addition, staff
will investigate the possibility of collaborating on a similar project for Santa Clara and Santa
Cruz Counties.
Responsible Department Heads:
Kirk Lenington, Natural Resources
Garrett Dunwoody, Information Services and Technology
Prepared by:
Coty Sifuentes-Winter, Senior Resource Management Specialist Natural Resources
Casey Hiatt, GIS Administrator
Name * Emma Cate
Select a
Choice
*
Full Board of Directors and District Clerk
Email * hcate25@gmail.com
Locatio
n: (i.e.
City,
Address
or
District
Ward)
San Jose
Daytim
e Phone
Number
(if you
wish to
be
contact
ed by
phone)
(408) 268-8299
Comments: *
Dear Board Members!
I just read the following letter that was written by JC Wang and sent to you. I AGREE 100% with JC Wang
and hope you will do all you can to follow his suggestions on how to make the road to Mt Umunhum
safer for those of us who LOVE to drive up to Mt. Umahum, but are now senior citizens and could use a
place to stop and rest for a few minutes on our drive up to the top. I am 84 years old and grew up in
Colorado driving on steep curving roads, but I think JC Wang is correct to suggest that a place to stop
for a few minutes would help to make the road to Mt. Umahum safer for senior citizens and perhaps
safer those who have not had any experience driving on steep curving roads.
The following is JC Wang's letter with his very sensible suggestions:
Dear Board member(s),
I'm a 20+ yrs resident at Almaden and a frequent visitor to the Mt Umunhum. First of all, I want to
thank you all for great efforts in planning and managing this great asset in Si Valley. The purpose of
this email is to communicate needs to add a few short-time parking spaces on the portion of Mt
Umunhum Rd along the pacific ocean side for various considerations. Please find background and
proposed solution to address such needs.
BACKGROUND
The road between the first public parking lot (i.e. the one available before the time when Mt Umunhum
was opened to the public) and the Tower public parking lot (i.e the main lot below the tower) involves
many winding sections on very steep hills. Many sections in the road are "blind-drive", which can be
also evidenced in posted "Blind Drive" signs. The driving for visitors thus is stressful and sometime
causes dizziness to drivers. This situation is worsen as there is no parking allowed in between the two
lots, thus one has to keep driving, regardless physically and/or mentally exhausted or not, till reaching
the Tower parking lot for a break and/or driving relief. The driving is a stretch and presents driving
safety issue, particularly to elders.
PROPOSED SOLUTION
Adding short-time parking spaces in at least two sites, preferably, on mid-point between the two
parking lots.
Site one: at a location about 50-100 yards before entering the autogate next to a park station (i.e. the
chain-link fenced station having surveillance camera/street light etc).
Site two: at a location about 150 yards before Mt Umunhum Rd and Loma almaden Rd junction.
The short-time parking spaces can be limited to 15-20 min parking. This allows drivers/visitors to
stretch legs/body, get an ocean breath from the Pacific and a stress-relief driving break. Optionally,
the spaces can be metered parking to help controlling the parking time and usages.
I look forward to your support on this matter and thank you so much for the consideration.
===============================================================
=====
Best,
JC
Mr. Wang and Ms. Cate,
Thank you for your continued support of the Mount Umunhum Summit at Sierra Azul
Open Space Preserve. The Midpeninsula Regional Open Space District (District)
understands the challenges of getting to and from the Summit area and is constantly
looking for ways to improve the public experience. It is our understanding that you have
suggested adding pullout parking spaces along Mount Umunhum Road between the
Bald Mountain parking area and Summit parking area to allow drivers to stop and rest
for up to 20 minutes. You specifically suggested two pullout locations – “Site one: at a
location about 50-100 yards before entering the autogate next to a park station (i.e. the
chain-link fenced station having surveillance camera/street light) and site two: at a
location about 150 yards before Mt Umunhum Rd and Loma Almaden Rd junction.”
See Exhibit 1 for our interpretation of your suggested pullout locations.
After a careful review, we have determined that the two suggested pullout parking areas
are actually on located on private property owned by a private entity. In these locations,
the District holds a Public Access Easement that allows the public to drive on Mount
Umunhum Road as a means to get to the summit. The terms of the Easement
agreement prohibits roadside parking:
The general public shall not be permitted to park any motor vehicles within the
Easements (unless under an emergency situation).
Even though there are currently several informal emergency pullouts along the road, the
terms of the easement prohibits the District from constructing formal parking stalls for
public use at this time.
The District also scanned the remainder of the road where the District owns fee title and
determined that there are no readily feasible solutions for roadside pullouts given the
lines of sight, steep side slopes, road curvature, and lack of available shoulder.
Fortunately, the District does offer two formal parking areas on Mount Umunhum Road
where travelers can stop, rest, and use the available restrooms as they travel up to the
summit. The Jacques Ridge Parking Area is located at the corner of Mount Umunhum
Road and Hicks Road, approximately 5.4 miles below the summit (19 minutes according
to Google maps). The Bald Mountain Parking Area is located further up the road
approximately 3.7 miles below the summit (14 minutes according to Google maps).
2
Once at the summit, visitors can also rest at the Summit Parking area prior to making
the descent.
The District will continue to monitor the safety and traffic flow at Mount Umunhum Road,
and make improvements as appropriate and consistent with Santa Clara County Roads
guidelines. Moreover, as new opportunities arise in the future with potential future
property acquisitions or other land negotiations, the District will consider evaluating the
feasibility of installing pullouts at that time. Thank you again for your interest and
support of the Mount Umunhum Summit area.
Regards,
Pete Siemens
MROSD Board President
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R-19-09
Meeting 19-02
January 23, 2019
AGENDA ITEM 7
AGENDA ITEM
Award of contract for professional engineering services to complete the Mount Umunhum Radar
Tower Assessment Project at Sierra Azul Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1.Authorize the General Manager to enter into contract with Wiss, Janney, Elstner Associates,
Inc., of Emeryville, California for a not-to-exceed base contract amount of $107,700.
2. Authorize a 15% contract contingency of $16,155 to be reserved for unanticipated issues,
thus allowing the total contract amount not-to-exceed $123,855.
SUMMARY
The purpose of the Mount Umunhum Radar Tower Assessment Project (Assessment Project) is
to carry out the Board of Director’s (Board) policy to “Retain and Seal” the structure over the
long term. On September 12, 2018, the Board approved the Assessment Project goals, criteria,
and scope of work (R-18-105), and authorized the General Manager to issue a Request for
Proposals to complete the Assessment Project. A Request for Proposals was issued on October
18, 2018, with three firms submitting proposals. Through a competitive selection process, Wiss,
Janney, Elstner Associates, Inc., (WJE) was identified as the most qualified firm to perform the
Assessment Project, which consists of structural, safety, and hazardous materials assessment of
the radar tower, and development of repair options. The repairs options will be categorized as
short-term or long-term repairs, and will be presented in the future to the Board in a Basis of
Design (BOD) report. The General Manager recommends awarding a contract to WJE for a base
amount of $107,700, with a 15% contingency of $16,155. Sufficient funds are included in the
Fiscal Year (FY) 2018-19 Budget for the contract. The scope of work is limited to the
assessment and BOD development. Once the Board reviews repair options and approves the
repair elements, staff will issue a Request for Proposals (RFP) or amend WJE’s contract to
complete the next phase of work, which includes preparation of construction documents,
permitting assistance, and construction administration services.
BACKGROUND
In 1986, the District acquired the former Almaden Air Force Station (Almaden AFS) and all of
its remaining facilities on Mount Umunhum and Mount Thayer (R-86-20) with the intent to
restore the area and provide public access. In December 2009, the United States Congress
appropriated $3.2 million for the identification, evaluation, and remediation of hazardous
R-19-09 Page 2
materials and site cleanup at the former Almaden Air Force Station (AFS) site, which included
abatement of the Mount Umunhum radar tower. In 2011, the United States Army Corp of
Engineers completed the removal of at-risk and peeling lead-containing paint from the exterior
of the radar tower, as well as removal of unstable lead-containing paint and other hazardous
materials from the interior. Following the federally funded remediation project, the District
completed site demolition and landform restoration at the former Almaden AFS site in 2014 (R-
12-90). Through this work, the District restored many of the natural contours and removed all,
but one structure from the mountaintop, leaving only the radar tower.
Recent History
Interim Repair – January 2015
On January 28, 2015, the Board authorized short-term interim structural repairs to the radar
tower prior to making a final decision on the future disposition of the structure. The Interim
Repair Project included: repairs to the first floor caused by the Loma Prieta earthquake; sealing
all first floor openings to prevent the public from entering the structure; and “collapse
prevention” repairs required by the County of Santa Clara (County) to allow for public access to
the exterior perimeter of the structure as part of the summit grand opening. The Interim Repair
Project received final signoff and approval from the County in July 2016. With these Interim
Repairs completed, the District was able to move forward with the summit improvements and
open Mount Umunhum to the public in September 2017. The repairs were designed to be short-
term and last at least five years.
Retain and Seal – June 2016
On May 10, 2016, the County Board of Supervisors listed the radar tower on the County
Heritage Resource Inventory. Given this action and implications on the future disposition of the
radar tower, the General Manager recommended and the Board approved the Retain and Seal
option for the structure on June 8, 2016. The Board-approved Retain and Seal decision
effectively seals and stabilizes the structure, with no visitor access to the interior.
Conservation Easement – December 2017
On December 6, 2017, the Board authorized the Quitclaim of a Cultural Conservation Easement
(conservation easement) to protect and preserve the Mount Umunhum Summit in perpetuity.
The conservation easement permits the following as it pertains to the radar tower and its future
repairs:
“To repair and maintain the Tower, consistent with the District’s approved Retain and Seal
option and to any degree required by the County of Santa Clara, based on its general health
and safety regulatory authority, or based on the structure’s status on the County’s Heritage
Resource Inventory, or as needed in the District’s discretion for nature resource
management, health and safety purposes, provided in all cases that the Tower is not
expanded in footprint or height or use.”
Exterior Remediation Project – February 2018
Following winter storm events in 2017, flakes of paint from the exterior of the radar tower were
observed within the immediate vicinity surrounding the radar tower. Out of an abundance of
caution to ensure public health and safety, staff immediately closed the area around the radar
tower to public access. Simultaneously, the District hired Hazard Management Services, Inc.,
(HMS) in November 2017 to collect and test samples from the exterior of the radar tower. The
collected samples contained low levels of lead, and one sample contained trace amounts of
R-19-09 Page 3
asbestos. Soil samples collected adjacent to the radar tower, however, did not contain hazard
levels for heavy metal contamination, including lead.
On February 14, 2018, the Board authorized funding for the Mount Umunhum Radar Tower
Exterior Remediation Project, and approved a contract with PARC Environmental to complete
the removal of all remaining paints and coatings from the exterior four walls of the structure (R-
18-18). The Project was completed in May 2018, with two hazardous materials testing firms
confirming that all paints had been completely removed from the exterior four faces of the
structure. However, following the removal of all exterior paints and coatings, small pieces of
aggregate (as large as 1.5 inches in width) have been observed around the perimeter of the radar
tower. Due to these observations, the area around the radar tower continues to be fenced off
from public access, and has been designated a hard-hat required area. The current closure
extends to the East Summit, Summit Stairs, and Mt Umunhum Trail from the Summit Stairs to
the trailhead shelter (refer to Attachment 1).
Exterior Assessment Project – July 2018
On July 31, 2018, the District entered into contract with ZFA Structural Engineers (ZFA) to
perform a limited assessment of the radar tower exterior walls and determine the integrity of the
exterior concrete. ZFA conducted visual observations and performed hammer testing on the
exterior walls, and identified locations of concrete and rebar deterioration. Additionally, the
strength and chemical composition of the exterior walls were determined by testing concrete core
samples extracted from the exterior walls. The test results indicate that the exterior concrete
walls have a high compressive strength and are structurally sound. However, ZFA’s report
recommends the repair of damaged concrete and exposed rebar to provide safe public access
around the exterior of the radar tower.
Project Criteria Approval – September 2018
In order to fulfill Board-approved project goals and criteria, a comprehensive assessment of the
entirety of the radar tower is required. The assessment will build upon prior assessment and
design work completed through the Interim Repair Project and Exterior Assessment Project.
However, site conditions have changed substantially since the structure was evaluated in 2011
for Interim Repair Project, and the Exterior Assessment Project scope of work was limited to
only the exterior concrete walls. A comprehensive assessment is required to fully evaluate the
current state of the structure and provide repair options that achieve the Project goals. On
September 12, 2018, the Board approved the Assessment Project goals, criteria, and scope of
work (refer below to the section on Project Criteria for details). The project goals and criteria
will guide this next more comprehensive assessment process, and guide the development of
proposed repair options. The goals and criteria will ensure that the selected consultant provides a
deliverable that is in line with Board policy and direction. The Board-approved project goals and
criteria were incorporated into the Assessment Project Request for Proposals.
Santa Clara County Historic Heritage Commission – November 2018
On November 18, 2018, upon the request of Santa Clara County, staff presented current radar
tower conditions, ongoing District efforts to manage the radar tower, and the scope of the
assessment project, including the Board-approved project criteria to retain and seal the tower, to
the Santa Clara County Historical Heritage Commission (HHC). The HHC took no formal
action. Individual commissioners expressed their desire for the radar tower to be repaired as
quickly as possible.
R-19-09 Page 4
DISCUSSION
The Assessment Project and subsequent repairs to the radar tower will ensure the ongoing
stability of the structure, the continued safety of the public visiting the summit around the outside
of the building, and the safety of staff who patrol and maintain the summit and who may
infrequently enter the building to address maintenance issues.
Since completing the short-term interim repairs in 2016, the following issues have emerged,
which will be evaluated as part of the repair assessment:
• Water intrusion
• Wildlife entry through small openings
• Presence of remnant lead and asbestos
• Concrete spalling
• Roof integrity
Project Goals and Criteria
The goal of the Assessment Project is to fulfill the Board’s decision to retain and seal the
structure. A structural assessment of existing exterior and interior conditions is required to
evaluate the radar tower with short-term and long-term stabilization goals in mind. Prior
information collected about the structure, including the prior exterior concrete assessment work,
will be used to inform this more comprehensive assessment. To establish a clear framework that
will guide the assessment work and the subsequent development of repair options and/or
protocols, the selected consultant will follow the following Board-approved project criteria:
• Ensure public and worker safety around the radar tower
• Avoid future contamination concerns
• Reduce (or eliminate) future need to enter building
• Protect workers if/when ingress is needed
• Avoid wildlife trappings and other resource impacts
• Reopen a pathway to the east summit
• Supports the retain and seal option previously approved by the Board of Directors
Assessment Project Scope of Work
The project scope will require the consultant to review existing documents and perform tests and
assessments on the radar tower. Findings from the assessments will be summarized in a Basis of
Design (BOD) report that includes recommended repairs, schematic plans, and cost estimates to
complete the Assessment Project and meet the Board-approved project goals and criteria. The
recommended repairs will be categorized as Short-Term or Long-Term repair options with an
associated approximate life span. Once the BOD is complete, the Board will receive a
presentation of the repair recommendations, preliminary cost estimates, and outline of next steps.
After the Board reviews and selects the repair elements, staff will issue an RFP or amend WJE’s
contract for the next phase of the Assessment Project to develop construction documents for the
elements selected. The Assessment Project will return to the Board to consider an Award of
Contract to construct the repairs.
R-19-09 Page 5
Consultant Selection
A Request for Proposals was issued on October 18, 2018 on the District’s website, BidSync, and
directly emailed to 28 professional engineering firms. A pre-proposal meeting and site tour was
held on November 1, 2018 and November 8, 2018 with six firms in attendance for both days.
Staff received three proposals on November 30, 2018:
Consultant Location Proposal Price
Wiss, Janney, Elstner Associates, Inc. Emeryville, CA $107,700
Maffei Structural Engineering San Francisco, CA $113,625
ZFA Structural Engineers San Carlos, CA $188,671
Based on a thorough evaluation, Wiss, Janney, Elstner Associates, Inc., (WJE) was deemed the
most qualified given their projects team’s diverse fields of knowledge, prior experience with
similar concrete military buildings of historic interest, and expertise in the field of structural
engineering and concrete structure evaluation (see lists below/see attached WJE proposal). WJE
demonstrated a deep knowledge of the project’s background, setting, deliverables and goals, and
submitted a high quality proposal to perform the scope of work at a fair and reasonable price. For
these reasons, the General Manager recommends entering into an agreement with WJE to
complete the Assessment Project.
The WJE project team consists of experts in the following fields:
• Structural Engineering
• Historic Architecture
• Civil Engineering
• Waterproofing
• Fall Protection
• Hazardous Materials Investigation and Remediation
• Construction Cost Estimation
Examples of relevant projects completed by WJE include:
• Structural assessments of concrete buildings on Alcatraz Island (National Park)
• Seismic assessment of U.S. Coast Guard concrete lighthouse on Molokai Island (National
Historic Park)
• Steel corrosion assessment of historic U.S. Navy concrete structures at Point Richmond
(National Historic District)
• Condition assessment of elevated concrete roadways and support structures at San
Francisco International Airport
• Seismic assessment and retrofit of U.S. Department of Energy Reactor B at Hanford
Nuclear Site (National Historic Landmark)
R-19-09 Page 6
FISCAL IMPACT
The FY2018-19 budget includes $262,000 for the Mount Umunhum Radar Tower Assessment
Project #31307-54-100000. There are sufficient funds in the project budget to cover the
recommended action and expenditures.
FY2018-19
Project #31307-54-100000 Budget $262,000
Spent–to-Date (as of 12/11/18): $66,496
Encumbrances: $19,526
Award of Contract (including 15% contingency): $123,855
Budget Remaining (Proposed): $52,123
The recommended action is not funded by Measure AA.
BOARD COMMITTEE REVIEW
Given the level of Board interest, this item is coming to the full Board. The Board approved the
project criteria and scope of work for the Assessment Project at the September 12, 2018 regular
meeting (R-18-105), and authorized the General Manger to release a Request for Proposals for
the assessment.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Notices were also sent to interested
parties on the Mount Umunhum mailing list.
CEQA COMPLIANCE
On August 30, 2010 the Board approved in the Initial Study/Mitigated Negative Declaration
(IS/MND) for the Almaden Air Force Station Structure Abatement Project (R-10-102), which
included an evaluation of potential repairs and work on the exterior of the radar tower. In
addition, on October 17, 2012 the Board adopted the Mount Umunhum Environmental
Restoration and Public Access Project Environmental Impact Report, which included an analysis
of the Retain and Seal option for the radar tower. The Board also adopted an Addendum to the
Environmental Impact Report for the Umunhum Environmental Restoration and Public Access
Project prepared on December 9, 2015. Approving the Goals & Delivery Process of the Mount
Umunhum Radar Tower Long-Term Assessment & Repair Project is consistent with the
IS/MND, EIR, Addendum, and repair work previously executed on the project site. No new
significant environmental effects or substantial increase in the severity of previously identified
effects would result from this project beyond what was analyzed in the existing CEQA
documents.
NEXT STEPS
If approved, the General Manager will enter into a contract with WJE. Final contract signature is
subject to meeting all District requirements. Initial research and evaluation of the radar tower
R-19-09 Page 7
will begin immediately following contract approval. Future Board review and input are
anticipated to occur as follows:
• Board review of repair options and approval of repair elements (Basis of Design) - Summer 2019
• Board award of contract or contract amendment to complete the construction plans and
permits for the Board-approved Basis of Design - Fall 2019
• Board award of contract for the repair work, construction begins - Spring 2020
Attachment:
1. Mount Umunhum Public Access Closure
Responsible Department Head:
Jason Lin, PE, Engineering and Construction Department Manager
Prepared by:
Zachary Alexander, Capital Project Manager III, Engineering and Construction Department
(H i k i n g O n l y )
Temporarily
closed to
the public
Trail Closure Beg ins
Radar
Tower
Call Box
Horse
Trough
M id p e ni n su la Reg i on a l
Op e n S p a c e D i st r ic t
(MRO S D)
Jan uar y 2 0 19
A t t a c h m e n t 1 : M o u n t U m u n h u m P u b l i c A c c e ss C l o su r e
Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\Summit\SA_MtUMPublicAccessClosure_20190118.mxd
Created By: ngreig
0 300150
FeetI
While the Distric t strives to use the best av ail able digital data, these data do not represent a legal su r vey and are merely a graphic illustration of geographic f eatures.
C lo s e d S e c tio n o f M t . U mu n h um Tr a il
No Pu b l ic A c c e s s
R-19-12
Meeting 19-02
January 23, 2019
AGENDA ITEM 8
AGENDA ITEM
Local/County Permit Exemptions - Legislative Proposal for 2019
GENERAL MANAGER’S RECOMMENDATIONS
1. Receive additional information regarding the proposed permit exemption legislation.
2. Authorize the General Manager to initiate a spot bill, in light of impending legislative
deadlines, to keep the option of pursuing this bill open during the 2019-20 State Legislative
Session.
3.Direct the General Manager to return to the Board with case studies of current permitting
hurdles and definitions of work that would be exempted, as well as further information and
direction on the scope of the bill, to confirm Board support for this legislative effort.
SUMMARY
On December 4, 2018, the Legislative, Funding, and Public Affairs Committee (LFPAC)
considered pursuing a state legislative proposal during the 2019-20 State Legislative Session that
would permit the Midpeninsula Regional Open Space District (District) to receive certain
exemptions from local and county permits. LFPAC unanimously referred the item to the full
Board for approval.
On January 9, 2019, the full Board heard the legislative proposal for the first time. While several
Board members expressed strong support, other Board members requested additional
information to consider more completely the proposal and its implications. Ultimately, the
Board directed the General Manager to return to the Board to review and confirm the scope of
the bill relating to local and county permit exemptions, to receive definitions of the types of
proposed exempted projects, and a more complete understanding of the redundant permitting
processes that currently exist. The General Manager is preparing to return to the Board on
February 13, 2019 to present case studies of permitting hurdles and a list of project type
definitions for work that would fall under the proposed permitting exemption. This upcoming
meeting will be an opportunity for the Board to reconfirm its delegation of authority for the
General Manager to continue pursuing this exemption. Based on the timeline in both Table 1
and the Next Steps section below, the General Manager also expects to bring forward to the
Board a more detailed look at the initial bill language in early March, which will provide yet
another opportunity for the Board to reconfirm its support for the legislative proposal.
R-19-12 Page 2
The proposed bill, initiated by the District, would seek to exempt multi-county open space
districts covered under Section 5500 of the Public Resources Code from permits required by
local or county jurisdictions for habitat restoration projects, maintenance projects, fuels
management projects, and minor site improvements. The bill is in a preliminary development
stage awaiting Board consideration and more substantive feedback from the potential bill author,
partner agencies, and stakeholders. Authorizing the General Manager to broaden negotiations
and dialog at this time will provide the necessary window (approximately 4 weeks) to work
through potential stakeholder concerns and details of the bill. This will ensure that any bill
introduced will have Board support and the greatest chance of success due to the early support
and buy-in by partners and stakeholders.
DISCUSSION
As the District considers legislative avenues to lower project costs and reduce project delivery
times, it must work within the process deadlines established by the State Legislature. One
avenue that provides more time to work out bill details and build consensus is called a “spot
bill.” Spot bills are useful when bill sponsors and lawmakers have not yet fully fleshed out
proposed legislation, but need to meet legislative deadlines. These placeholder bills initially
contain non-substantive provisions that are replaced at a later date. This year, spot bills must be
introduced by February 22 with 30 days to amend them (March 25) with more concrete
language.
The process provides the ability for the District to work with a bill author to submit a spot bill
and work between now and late March with the Board, partner agencies, and stakeholders to
refine the bill concept in order to introduce a beneficial bill that provides benefit to the District
and does not elicit undue opposition. Board authorization for the General Manager to initiate a
spot bill and proceed with negotiations at this time will help ensure these deadlines are met.
Based on the timeline in both Table 1 and the Next Steps section below, the General Manager
expects to bring forward to the Board a more detailed look at the initial bill language in early
March to confirm the Board’s final Go-No Go decision.
For nearly 50 years, the District has continuously demonstrated its expertise in effective resource
stewardship and land management. Unfortunately, the District regularly faces overlapping and
redundant jurisdictional permitting processes at the local, county, state, and federal levels that
increase project costs and extend delivery times, creating an excessive financial burden on the
public taxpayer. Examples of projects that have experienced redundant permitting challenges
include:
• Monte Bello Open Space Preserve (OSP) – White Oaks Trail Realignment
• Monte Bello OSP – Stevens Creek Nature Trail Bridges
• Pulgas Ridge OSP – Dusky Footed Woodrat Trail
• Russian Ridge OSP – Ancient Oaks Connector Trail
• Russian Ridge OSP – Silva Driveway associated with Mindego Gateway improvements
• El Corte de Madera Creek OSP – Watershed Protection Program
Attachment 1 illustrates the actual project timeline for the Ancient Oaks Connector Trail, which
saw an approximately one year delay due to San Mateo County permitting issues.
R-19-12 Page 3
The proposed legislation would exempt multi-county open space districts covered under Section
5500 of the Public Resources Code from local and county permitting requirements in a manner
similar to State Parks. In the State of California, the only districts to which this would apply are
the Midpeninsula Regional Open Space District and East Bay Regional Park District (EBRPD).
Exemptions would be explored for certain types of low-impact, minor work, including:
• Habitat restoration projects (e.g. pond berm repairs, natural site re-contouring and re-
vegetation)
• Maintenance projects (e.g. ranch road repairs, retaining wall repairs)
• Limited fuels management (e.g. fuel clearance, new disc lines)
• Minor site developments (construction of narrow trails and pedestrian bridges).
This type of exemption is not intended to bypass opportunities for public notification or
participation regarding District projects. The District’s intent is to continue to provide
opportunities for public participation and review of projects. Attachment 2 outlines a typical
District project delivery process and highlights where the public would be notified and have the
opportunity to review aspects of District projects.
One example of an existing, yet limited, permitting exemption is Santa Clara County’s grading
ordinance (C12-407). It exempts governmental agencies, including the District, from grading
permit requirements provided the agency assumes full responsibility for the work, and the
grading meets the County’s land use requirements and does not create a hazardous condition,
endanger adjacent property or cause a public nuisance. Under this exemption, the District
remains responsible for complying with the Clean Water Act, working directly with the State
Water Quality Control Board rather than through the County. The District’s legislative proposal
seeks to build upon this type of exemption across its entire jurisdiction.
Legislative Process:
The legislative process is very fluid and bills may change – sometimes substantially – throughout
the course of the session. With Board direction to proceed, the General Manager and staff will
work with the District’s legislative consultants to engage stakeholders and continue refining the
proposals with the end goal as noted above in mind. In some cases, bills may take more than one
year to complete or may have so many amendments through the Legislative Committee review
process that the bill ceases to meet the original objectives. Opposition by stakeholder groups
may also serve to dilute bill language or stop the bill from proceeding through the legislature.
Table 1 outlines the major milestones within the 2019 legislative calendar. It also marks the
parts of the process that provide the best opportunity for the Board to receive updates and
provide input. The Next Steps section outlines the more immediate District tasks that need to be
performed to move the legislative proposal forward.
Important Note: The benefit of introducing a bill in this first year of a two-year session is that
if hurdles are encountered, the District will have additional time to work out issues and achieve
consensus to move the bill to the Governor’s desk.
R-19-12 Page 4
Table 1: 2019 State Legislative Calendar (attenuated)
Timeline Activity
Best Opportunity
for Board Input
or Updates
January 25 Last day to submit bill requests to legislative counsel
February 13* Board meeting to review case studies and exemption
definitions
X
February 22 Last day to introduce bills – including spot bills
March – April Policy committee hearings
- Spot bill must be amended no later than March 25
- All bills must be heard by Committees of the first
house no later than April 26
X
May 17 Appropriations Committee Suspense File Hearing
May 31 Last day to pass bills out of house of origin
June – Early
July
Policy committee hearings in second house X
July 12 – August
12
Summer recess X
August 30 Appropriations Committee Suspense File Hearing
September 13 Last day to pass bills out of the Legislature
October 13 Last day for Governor to sign or veto bills
* Item not directly part of state legislative calendar, yet shown to note an additional important
Board opportunity to reconfirm direction.
FISCAL IMPACT
The estimated cost of pursuing permit exemption legislation is $5,000 per month, and would be
handled by a sole-source contract amendment to the District’s existing legislative consulting
contract. This work exceeds the current scope of the current legislative consulting contract,
which does not cover District-initiated legislation. There are sufficient funds in the Public
Affairs Department budget to cover the cost of the recommendation.
BOARD COMMITTEE REVIEW
This item was reviewed by LFPAC on December 4, 2018. Through the course of the review,
Committee members asked a number of questions about the proposals as noted below:
Local/County Permit Exemption Proposal:
1. Applicability of this bill to other jurisdictions. Staff responded that the bill is in its
formative stage, but conversations with other agencies, coupled with an analysis of state
legislature politics would determine its ultimate scope.
2. Applicability of this exemption to local jurisdictions and taking into account
feedback from residents proximate to a project. Staff responded that while the
legislation is in its formative stage the District would include outreach to local residents,
consistent with its current public notification practices as a government agency.
3. Will the District pursue state permit exemptions, too? Staff responded that this
legislation will only apply to county and local permitting cases within the defined scope,
but may be pursued later.
R-19-12 Page 5
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If the legislative proposal for Local and County Permit Exemptions is supported by the Board, a
legislative author will be approached to introduce a spot bill by February 22. This gives the
District until March 25 to have the initial draft of legislation amended into the spot bill.
Proposed timeline of activity:
• January – Early-February:
o Return to the Board with case studies and exemption definitions, reconfirm
Board direction
o Engage with San Mateo and Santa Clara County staff and elected officials to
introduce the concept and understand potential areas of concern.
o Engage with affected city staff and elected officials to understand areas of
concern.
o Engage with other affected PRC 5500 Districts – East Bay Regional Parks
District – to ensure their concerns are addressed.
o Engage with bill author’s staff to present bill idea and address their questions
(e.g., local receptiveness, potential opposition, public participation opportunities
during a project)
• Mid-February – Draft spot bill placeholder language submitted to state Legislative
Counsel (actual draft language is due by March 25).
• Before or on February 22 – Spot bill introduced
• Mid-February – Early March – Continue to engage with stakeholders to work out
issues.
• Prior to Mid-March – Review draft legislation with the Board and receive final Board
approval to proceed.
• Mid-March – Submit amended bill language to state Legislative Counsel.
• Before or on March 25 – Amend spot bill with new language.
ATTACHMENTS
1. Ancient Oaks Trail Project Schedule
2. Project Delivery Checklist
3. MROSD Board Policy 1.11 – Positions on Ballot Measures and Legislative Advocacy
Responsible Department Head:
Korrine Skinner, Public Affairs Manager
Prepared by:
Joshua Hugg, Governmental Affairs Specialist
Ancient Oaks Trail Planning Steps
Date Task
August-11 Board approval of adding new project
August-11 Initiate CEQA
December-11 Initiate Trail Design
May-12 Amend Williamson Act Contract
June-12 Finalize CEQA; Board approves project
January-12 Contracted Tim Best (RFP)
April-12 Geotechnical Investigation - Bridges
April-14 Initial alignment surveys
June-12 Identify potential bridge locations
May-12 Draft bridge and footing design
June-12 Initial trail designs completed
Summer 2012
Review of Draft Designs, Crew meetings to
revise bridge and trail plans
November-12 Final Draft Plans, Eng Geo Report
November-12 Submit Grading Permit Application
January-13
SMC Geotech Review Sheet: add'l info
needed
January-13 Tim Best response to Geotech comments
February-13 SMC Planning Site Visit
March-13 SMC Request for C3 C6 Form
April-13
Comment from SMC Public Works Diana
Shu that 85% relative compaction not ok for
trail
April-13 Response from Tim Best re: compaction
April-13
Diana Shu realizes county has no authority
over trails (no em access)
June-13
SMC Planning Commission approval, with
conditions
December-13 Revise bridge plans per Peter's Creek Bridge
January-14 Submit Building Permit Application
February-14 Request early grading
February-14
Tim Best revises EC plan to allow early
grading; resubmittal 1
March-14
Receive SMC Plan Check Comments, revise
sheet S-2, resumbittal 2
March-14
Resubmittal 3, revised drawings and calcs
updating code sections
ATTACHMENT 1
April-14
Resubmittal 4, index, civils stamped, trail
use clarified, parking lot clarification,
switchback clarified, structural calcs, loads,
wind analysis, calcs, general notes revised,
walking surface slope and guardrails
April-14 Crew mobilizes, decides no early grading
May-14 Ready Letter Issued
May-14 Construction begins
September-14 Construction complete
Attachment 1 -- Ancient Oaks Trail Project Schedule
Aug Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Aug Sep Oct Nov Nov Jan Jan Feb Mar Apr Apr Apr Jun Jul Aug Oct Nov Dec Jan Feb Feb Mar Mar Apr Apr May May Jun Jul Aug Sep Sept Sep Oct
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Final Permit
San Mateo County Permitting
Planning Permitting Construction
ANCIENT OAKS TRAIL ACTUAL WORKFLOW TIMELINE
2014201120122013
Aug Board approval of adding new project
Aug Initiate CEQA
Sep
Oct
Nov
Dec Initiate Trail Design
Jan Contracted Tim Best (RFP)
Feb Initial alignment surveys
Mar
Apr Geotechnical Investigation - Bridges
May Amend Williamson Act Contract
Draft bridge and footing design
Jun Finalize CEQA; Board approves project
Jul Identify potential bridge locations
Aug Initial trail designs completed
Aug
Review of Draft Designs, Crew meetings to revise bridge
and trail plans
Sep
Oct
Nov Final Draft Plans, Eng Geo Report
Nov Submit Grading Permit Application
Jan SMC Geotech Review Sheet: add'l info needed
jan Tim Best response to Geotech comments
Feb SMC Planning Site Visit
Mar SMC Request for C3 C6 Form
Apr
Comment from SMC Public Works Diana Shu that 85%
relative compaction not ok for trail
Apr Response from Tim Best re: compaction
Apr
Diana Shu realizes county has no authority over trails (no
em access)
Jun SMC Planning Commission approval, with conditions
2011
Pl
a
n
n
i
n
g
2012
Jul
Aug
Sep
Oct
Nov
Dec Revise bridge plans per Peter's Creek Bridge
Jan Submit Building Permit Application
Feb Request early grading
Feb
Tim Best revises EC plan to allow early grading;
resubmittal 1
Mar
Receive SMC Plan Check Comments, revise sheet S-2,
resumbittal 2
Mar
Resubmittal 3, revised drawings and calcs updating code
sections
Apr
Resubmittal 4, index, civils stamped, trail use clarified,
parking lot clarification, switchback clarified, structural
Apr Crew mobilizes, decides no early grading
May Ready Letter Issued
May Construction begins
Jun
Jul
Aug
Sep Construction complete
Sept Geotech prepares final Forms
Sep Tim Best prepares final inspection reports
Oct Final Building and Planning Permits Fi
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2014 Co
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Project Delivery Checklist
Key: Opportunity for public review and participation
Proposed permit exemption
•Scoping
o Identify project goals
o Identify concerns and issues
Identify District and public participation processes
Identify assistance needed
o Determine funding source
o Grant strategy planning
•Project start up and orientation
o Form internal project team
o Hire consultant team
RFP / proposal review / consultant section
Board approval for contracts >= $50,000
Award / execute contract
o Obtain background information
•Inventory and analysis
o Prepare base map / topography survey
o Inventory existing setting
o Scope permitting and CEQA issues
o Analyze opportunities and constraints
o Prepare summary inventory and analysis report
•Conceptual design / use and management planning
o Use and trail alignment planning / site planning / feasibility study
o Alternative development
o Develop permitting strategy
o Preliminary cost estimate
o Facilitate review and input process (multiple rounds of meetings)
Field staff input
Neighbor meetings
Community meetings
Committee meetings
Board workshops
o Outreach to permitting agencies
o CEQA
Prepare project description
If necessary, Board meeting to approve project description
Review for exemptions
ATTACHMENT 2
If not exempt, prepare environmental document
Comment period on environmental document
File notice of completion
o Board review and approval
Approve project and certify environmental document
•Design development / construction documentation
o Prepare schematic design drawings
o Outreach to permitting agencies
o Prepare 50% construction drawings (coordination set)
o Prepare 95% construction drawings and details
o Prepare technical specifications
o Prepare cost estimates
o District review
•Permitting
o Pre-application consultation - during design development
o Resource agency permits (State and Federal)
Prepare application / permit set
o County / city permits
Prepare application / permit set
If necessary, Planning Commission and/or Board of Supervisors
•Bidding
o Prepare 100% issued for bid construction drawings and specifications
o Prepare bid package
Legal review
o Advertise
o Pre-bid meeting/tour
o Bid opening
o Preliminary submittals
o Board award of contract
o Award / execute contract
•Construction
o Prepare 100% issued for bid construction drawings and specifications Pre-
construction meeting
Verify final submittals
Notice to proceed
o Contract administration
Invoices
Change orders
o Jobsite coordination
o Preliminary / final walk-through and punch list
o Final acceptance
o Notice of completion
•Project management and administration
o Grant administration
Notify participants of tracking requirements
Collect invoices / time records
Closeout grant
o Consultant contract administration
o Mitigation monitoring
o Final accounting
o Final filing
Midpeninsula Regional Open Space District
Board Policy Manual
Positions on Ballot Measures
and Legislative Advocacy
Policy 1.11
Chapter 1 – Administration and Government
Effective Date: 4/13/16 Revised Date: N/A
Prior Versions: N/A
Board Policy 1.11 Page 1 of 3
Purpose
To establish a policy governing positions on local and state ballot measures/propositions and
state and federal legislative advocacy. It is intended to cover all matters before the Legislature
and the voters.
Definitions
For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the
following terms and definitions shall be used:
Measure – may be included on a municipal, county, or district ballot and includes
ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or
county charter amendments, or any other measure or proposition a legislative body may
submit to the voters within the body’s jurisdiction.
Ballot Proposition – can be a referendum or an initiative measure that is submitted to the
electorate for a direct decision or direct vote. Propositions may be placed on the ballot by
the California State Legislature or by a qualifying petition signed by registered voters.
Initiative – power of the electors to propose legislation, and to adopt or reject them. Any
proposed ordinance may be submitted to the legislative body by means of a petition.
Referendum – applies to the process for repealing newly enacted legislation. Within
specified time limits, the electors may file a petition protesting the adoption of that
legislation.
Local Legislation – typically ordinances, which are the laws of a city, charter, or district,
often having the force of law, but only within the local jurisdiction.
State or Federal Legislation – bills or proposed legislation under consideration by the
legislature at the state or federal level.
ATTACHMENT 3
Board Policy 1.11 Page 2 of 3
Policy
1.Positions on Matters Before the Voters
a.From time to time the Board of Directors may be asked or may desire to take a
position on local or state measures. The Board may consider taking a position on the
measure/proposition if the measure/proposition:
i.Would directly impact the District’s finances, responsibilities, legal authority,
or operations; AND
ii.Is in line with or inconsistent with the District’s mission and/or commitment
to preserve open space within its boundaries and sphere of influence.
The Board, by majority vote, may direct the General Manager to research the
measure/proposition and return to the Board at a future meeting with information
and a General Manager recommendation. At that time, the Board may vote to take
a position on a measure/proposition.
b.Measures/propositions determined to not impact District business may nonetheless
be analyzed by the General Manager when directed by a majority vote of the Board,
of which the analysis report would include possible alternatives for Board action, but
no position recommendation.
2.Local, State, and Federal Legislative Advocacy
a.The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic
updates regarding the District’s legislative program. When LFPAC determines that
proposed legislation may affect District business, it may direct the General Manager
to prepare a recommendation for consideration by the full Board or where there is
not adequate time to convene the full Board, may direct the General Manager to
take action to support or oppose the legislation without full Board approval. In such
cases, the General Manager or designee shall report to the Board any actions taken
to support or oppose legislation at or before the next Board meeting.
b.When time is so short that neither the full Board nor LFPAC can be convened to
consider positions to support or oppose local, state or federal legislation, the
General Manager is authorized to take a position on behalf of the District if the
legislation:
i.Is related to the District’s mission; AND
ii.Would directly impact the District’s business, such as project delivery,
operations, finances, legal authority, or other District responsibilities; AND
iii.The position being taken is consistent/inconsistent with existing District
policy, past action, or District Strategic Plan; OR
iv.The legislation carries other considerations that make it contrary to the
District’s interests.
In such instances, the General Manager or designee shall report to the Board any
actions taken to support or oppose the legislation at or before the next Board
meeting.
c.Full Board action is required regarding legislation that is not clearly within the
criteria listed above under Section 2.b. or guided by direction previously given by
LFPAC.
Board Policy 1.11 Page 3 of 3
3.Full Board action is required to support or oppose any type of grassroots advocacy action,
such as social, political, or economic movements, that are not legislation.
4.Board members representing the District in their official capacity on regional or other
bodies may, at his or her discretion, take actions based on the principles above consistent
with previously approved Board positions and policies.
5.This policy is not intended to limit the prerogative of individual Board members from
expressing their individual support for or opposition to any local ballot measure, State
proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing
so, the member should clearly state they are speaking for themselves, and not in an official
capacity on behalf of the Board or the District. Individual Board Members who take a
position in support or opposition to ballot measure or legislation for which the Board has
not previously taken a position are encouraged as a professional courtesy to include the
language for identification purposes only parenthetically following their signature
referencing their position on the Board.