HomeMy Public PortalAbout20190213 - Agenda Packet - Board of Directors (BOD) - 19-03
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, February 13, 2019
Special Meeting starts at 6:00 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code
Section 54956.9(d)(1))
Name of Case: Burkhart v. Midpeninsula Regional Open Space District; Santa Clara County
Superior Court Case Number 18CV 334473.
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
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 23, 2019 Minutes
Meeting 19-03
Rev. 1/3/19
2. Claims Report
3. Renewal of Agreement with Grassroots Ecology for the Hendrys Creek Stream Restoration
Project at Sierra Azul Open Space Preserve (R-19-18)
Staff Contact: Meredith Manning, Senior Planner, Planning Department
General Manager’s Recommendations:
1. Authorize the General Manager to renew an agreement with Grassroots Ecology (formerly
Acterra Stewardship) in an amount of $107,000 for native plant restoration, vegetation
monitoring, and grant administration work associated with the grant-funded Hendrys Creek
Stream Channel Restoration Project (Project) at Sierra Azul Open Space Preserve. The
agreement, including this renewal, is eligible for full reimbursement by a Santa Clara Valley
Water District grant through June 2020.
2. Authorize an additional allowance of $40,000 for optional hand watering, contingent upon need
at the District’s sole discretion, for a total not-to-exceed contract price of $147,000.
4. Maintenance and Indemnification Agreement between the County of Santa Clara and
Midpeninsula Regional Open Space District (R-19-17)
Staff Contact: Sean Smith, Capital Project Manager
General Manager’s Recommendation: Adopt a resolution approving the Maintenance and
Indemnification Agreement between the County of Santa Clara and Midpeninsula Regional Open
Space District and authorizing the General Manager to execute and record the Agreement
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.
5. Alpine Road Trail Memorandum of Understanding with the County of San Mateo, Coal
Creek Open Space Preserve (R-19-19)
Staff Contact: Michael Williams, Real Property Manager
General Manager’s Recommendation: Authorize the General Manager to enter into a
Memorandum of Understanding with the County of San Mateo for the repair and future
negotiations to transfer ownership and management of the Alpine Road Trail.
6. Fiscal Year 2018-19 Quarter 2 Budget Amendments (R-19-21)
Staff Contact: Carmen Narayanan, Budget & Analysis Manager and Elissa Martinez, Management
Analyst I
General Manager’s Recommendation: Adopt a resolution approving the proposed Fiscal Year
2018-19 Budget Quarter 2 amendments (revenues and expenses).
7. 2019 Special Park Districts Forum (R-19-20)
Staff Contact: Cydney Bieber, Public Affairs Specialist II
General Manager’s Recommendation: Receive an update and provide comments on the 2019
Special Park Districts Forum. No Board action required.
Rev. 1/3/19
8. Informational Update on the Development of the Prescribed Fire Program (R-19-16)
Staff Contact: Coty Sifuentes-Winter, Senior Resource Management Specialist, Natural Resources
General Manager’s Recommendation: No action required.
INFORMATIONAL MEMORANDUM
• Customer Relationship Management System and General Information Emails
• Highway 17 Wildlife and Regional Trail Crossings Final Revised Alternatives Report, Summary
of Public Comments, and Next Steps
• District Permit Exemption Legislation Update
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.
CERTIFICATION OF POSTING OF AGENDA
I, Maria Soria, Deputy 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 February 8, 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.
Maria Soria, CMC
Deputy District Clerk
January 23, 2018
Board Meeting 19-02
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
January 23, 2019
DRAFT MINUTES
SPECIAL MEETING – STUDY SESSION
Vice-President Holman called the special meeting of the Midpeninsula Regional Open Space
District to order at 5:03 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, and Curt Riffle
Members Absent: Pete Siemens
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, Engineering & Construction Manager Jay Lin, Senior Capital
Project Manager Felipe Nistal, Senior Real Property Agent Allen
Ishibashi, Public Affairs Manager Korrine Skinner, Public Affairs
Specialist II Cydney Bieber
1. Presentation and Discussion of the Administrative Office Remodel Schematic
Design (R-19-06)
Senior Capital Project Manager Felipe Nistal provided an overview of the history of the project,
including creation of an ad hoc committee to work on the project, selection of the architectural
firm, and refinement of the schematic design.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided
information regarding the reservation of District funds for a new office building throughout prior
budget years.
Meeting 19-02 Page 2
Director Riffle commented on the need to include information regarding how proceeds from the
sale of 330 Distel Circle will offset costs of the purchase and remodel of 5050 El Camino Real.
Director Kersteen-Tucker suggested including information related to the District’s current cost of
renting office space and the lease income to be received from the 5050 El Camino Real in the
public outreach plan.
Vice-President Holman commented on the need for the number of District staff to grow as public
access in preserves grows and suggested including this information in the public outreach plan.
Director Hassett commented on the District’s savings once it no longer leases additional office
space.
Director Kersteen-Tucker spoke in favor of increased staff productivity, which the District will
experience once staff is consolidated into a single building.
Assistant Susanna Chan presented information regarding the District’s public outreach plan,
which will be initiated once escrow closes on February 1, 2019. Outreach includes partner
agencies, neighbors, tenants, and members of the general public, and seeks to inform
stakeholders of the purpose, needs, and progress of the project and to explain how the project
supports the District’s mission. The District will use a variety of communication methods to keep
stakeholders informed.
Public Affairs Specialist II Cydney Bieber commented on the various methods of informing
stakeholders and members of the public regarding the project, including frequent project
webpage updates, social media updates, and fact sheets.
Janet Tam, co-founder and principal of Noll & Tam, the District’s architectural firm, introduced
the project team and reviewed the project’s guiding principles.
Eric Skiba, project manager, reviewed various elements of the current building, including
existing partitions in the building, concrete flooring for the first floor, lack of a public lobby, non
code-compliant restrooms, elevators, etc. Mr. Skiba reviewed three versions of the building
design and highlighted elements of each: (1) baseline, which brings the building into code
compliance; (2) enhanced, which would provide for a public lobby and a limited number of
operable windows; (3) aspirational, which would create a net zero energy building.
Jane Catalano, associate principal and designer, reviewed the initial renderings of the building
describing the use of space throughout the building, such as the Boardroom, public lobby, staff
cubicles and offices, ADA accessible entrances, collaboration areas, etc. Design elements are
intended to maximize natural light and workplace collaboration. Ms. Catalano reviewed the
various department adjacencies and proposed lease space.
Mr. Skiba reviewed the project elements aimed at improving the building’s energy efficiency.
Elements include replacing insulation, a new roof, use of energy efficient windows, etc.
Replacement of all windows would increase energy efficiency by 25%. Using improved glazing
and operational windows would also increase comfort and productivity levels in the building,
reduce UV light, and increase efficiency for the heating and cooling system.
Meeting 19-02 Page 3
Amy Watson, architect, reviewed the proposed landscapes updates for the site, including
building an ADA accessible ramp and building entrance. The proposed landscape design seeks to
preserve and protect existing redwood trees at the front of the property. Ms. Watson also
reviewed the proposed native and drought-tolerant plants to be used for the landscape design.
Finally, Ms. Watson described various options for meeting the City of Los Altos’ public art
requirement.
Vice-President Holman commented on the proposed public entrance and plaza speaking in favor
of an entrance that reflects the District’s open space mission. Additionally, Vice-President
Holman inquired if the ad hoc committee or Board had discussed sponsorship or naming rights
for the building.
Ms. Ruiz reported the Board or ad hoc committee has not discussed the issue of naming rights
previously but could in the future.
Director Hassett commented that the Board selected Noll & Tam partially based on their
proposed design for the building, including the public entrance.
Director Kishimoto commented that the visual of the building from El Camino Real is of the
redwood trees on the property.
Director Kishimoto spoke regarding the public art element, commenting on the public art
element at the Cooley Landing Education Center.
Ms. Watson reviewed various Los Altos city requirements, which could affect the timeline of the
project, and the number of required parking spaces. Ms. Watson described the limitations
associated with the layout of the Boardroom based on the concrete slab under the first floor and
displayed options for the Boardroom layout and overflow seating area in the atrium.
Ms. Tam provided information related to the next steps of the project and cost estimate,
including the team’s commitment to providing a fiscally responsible project.
Public comments opened at 7:04 p.m.
No speakers present.
Public comments closed at 7:04 p.m.
Members of the Board thanked the members of staff, project team, and ad hoc committee for
their work on the project.
Vice-President Holman requested a copy of the presentation and that additional information be
provided related to the potential for staggering the timing of the design options, such as new
glazing over a longer period. Vice-President Holman commented on the lower improved
environmental impact of a remodel over rebuild. Director Holman suggested the District should
educate and inform the public of the rationale for its decisions. Finally, Vice-President Holman
requested the project team return with options for replacing some of the windows but potentially
not all of them.
Meeting 19-02 Page 4
No Board action required.
ADJOURNMENT
Vice-President Holman adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:12 p.m.
REGULAR MEETING
Vice-President Holman called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:22 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, and Curt Riffle
Members Absent: Pete Siemens
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, Engineering & Construction Manager Jay Lin, Senior Capital
Project Manager Felipe Nistal, Senior Real Property Agent Allen
Ishibashi, Public Affairs Manager Korrine Skinner
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Siemens absent)
SPECIAL ORDERS OF THE DAY
• Introduction of staff
o Jasmine Leong, Administrative Assistant
o Korinne Skinner, Public Affairs Manager
CONSENT CALENDAR
Director Riffle pulled Item 4 from the Consent Calendar.
Public comment opened at 7:28 p.m.
No speakers present.
Meeting 19-02 Page 5
Public comment closed at 7:28 p.m.
Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent
Calendar.
VOTE: 6-0-0 (Director Siemens absent)
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)
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)
Item 4 was heard after approval of the Consent Calendar.
Director Riffle inquired regarding the intent of the legislation.
General Counsel Hilary Stevenson explained the legislation allows boards of special districts to
adopt a resolution of findings to increase the number of compensable meeting days per month (in
the District’s case, to a maximum of six). Additionally the legislation allows boards of special
districts to adopt an ordinance increasing the compensation per meeting day up to 5%, which
would be $105.
Director Riffle commented that the service Board members provide is not based on monetary
compensation and spoke against legislators voting in favor of their own salary increases. Director
Riffle also spoke against a 5% increase when staff typically receives a 3% raise.
Director Kersteen-Tucker spoke against increasing the per meeting day compensation and in
favor of increasing the number of compensable meeting days.
Director Kishimoto spoke in favor of small incremental increases rather than infrequently by
large amounts and spoke in favor of increasing the number of compensable meetings per month.
Director Cyr commented on the changes to the Director’s employment status by the Internal
Revenue Service, which effectively lowered the compensation received by the Board.
Meeting 19-02 Page 6
Ms. Stevenson explained that based on her interpretation of the ordinance, the Board would need
to adopt an ordinance setting a “baseline” compensation (of, for instance, $105), in order to
create flexibility for future increases.
Vice-President Holman suggested bringing forward an ordinance as part of the fiscal year and
budget cycle.
Public comments opened at 7:45 p.m.
No speakers present.
Public comments closed at 7:45 p.m.
Motion: Director Holman moved, and Director Cyr seconded the motion to
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 bring additional information back to the Board as part of the
fiscal year budget cycle, to inform the Board’s direction regarding increasing Board per-
meeting compensation up to 5%.
VOTE: 6-0-0 (Director Siemens absent)
5. Award of Contract for Vegetation Mapping Services in San Mateo County (R-19-
10)
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
General Manager’s Recommendation: Approve the proposed response to JC Wang and Emma
Cate.
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)
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
Meeting 19-02 Page 7
8. Local/County Permit Exemptions - Legislative Proposal for 2019 (R-19-12)
Ms. Ruiz explained the agenda item is being brought back to the Board at this time to keep the
option open to pursue legislation. The Board can decide in March whether to continue to move
forward with the legislation.
Governmental Affairs Specialist Joshua Hugg provided the staff report describing the
overlapping and redundant permitting process for projects, which can increase project costs and
extend project delivery times. Mr. Hugg provided a list of District projects that would be affected
by the proposed legislation, which will be presented in more detail at a future Board meeting.
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, such
as ranch road and retaining wall repairs, construction of narrow trails and pedestrian bridges, and
habitat restoration projects. Mr. Hugg reviewed the state legislative calendar and upcoming
deadlines affecting the proposed legislation.
Director Kersteen-Tucker inquired if the East Bay Regional Park District (EBRPD) has
committed to co-sponsoring the bill.
Ms. Ruiz reported EBRPD is tentatively supporting the bill, but additional details must first be
finalized.
Director Hassett spoke in favor of the General Manager’s recommendation.
Vice-President Holman commented the legislation should account for future Boards and District
staff, which may not be as committed to preservation as the current Board and staff. Vice-
President Holman also spoke in favor of preserving CEQA requirements and ensuring that the
permitting process remains hands-on for District projects.
Mr. Hugg reported staff will return to the Board on February 13, 2019 with specific project case
studies to further illustrate to the Board the types of projects and permitting processes the
proposed legislation would apply to.
Ms. Ruiz explained that many local jurisdictions are unfamiliar with the types of projects
completed by the District, which can cause confusion and delays with the permitting process.
Vice-President Holman suggested creation of District standards for projects, which could be
provided to permitting agencies and hold future District staff and Boards to best management
practices.
Public comments opened at 8:19 p.m.
No speakers present.
Public comments closed at 8:19 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion to
Meeting 19-02 Page 8
1. 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.
2. 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.
VOTE: 6-0-0 (Director Siemens absent)
INFORMATIONAL REPORTS
A. Committee Reports
Director Hassett reported the Planning and Natural Resources Committee met on January 22,
2019 to discuss the Toto Ranch Rangeland Management Plan.
B. Staff Reports
Mr. Jaskulak reported the Measure AA Bond Oversight Committee met on January 16, 2019 to
select sample transactions for review.
Ms. Ruiz reported the Santa Clara County Historical Heritage Commission met again to review
the District’s application regarding Alma College, and the commission’s vote was not definitive.
The decision will now be made by the Santa Clara County Planning Director.
C. Director Reports
The Board members submitted their compensatory reports.
Director Hassett reported his attendance at the South Skyline Association’s quarterly meeting,
where a District grazing tenant spoke regarding their grazing operations.
Director Kishimoto reported her attendance at meetings of the Santa Clara Valley Water
District’s Water Commission and Santa Clara County Consolidated Redevelopment Successor
Agency.
Director Riffle commented on a recent San Jose City Council meeting regarding preservation of
open space in Coyote Valley, and a council meeting will be held on February 12, 2019.
Director Kersteen-Tucker reported her participation in a San Mateo County presentation on king
tides.
Vice-President Holman commented on her recent orientation tour of District properties.
ADJOURNMENT
Vice-President Holman adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 8:37 p.m.
Meeting 19-02 Page 9
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 4
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-03
MEETING DATE: February 13, 2019 Fiscal Year to date EFT:19.48%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment
Amount
79690 Check 02/08/2019 10343 - GRANITE ROCK COMPANY Bear Creek Redwoods Public Access Project & Mud Lake Culvert thru 11/30/2018 524,260.25
79625 Check 01/25/2019 10343 - GRANITE ROCK COMPANY Bear Creek Redwoods Public Access Project - Parking Area, Road, Trails & Webb Creek Bridge 507,847.16
79655 Check 02/01/2019 11049 - CITY OF EAST PALO ALTO Cooley Landing Park Project MAA 2-001 172,100.95
79632 Check 01/25/2019 12002 - NOLL & TAM ARCHITECTS Professional Services 11/1/18 - 12/31/18 - New AO Facility 138,542.25
79685 Check 02/08/2019 11238 - CXT INCORPORATED Purisima Crk Redwoods Restroom Replacement 44,827.92
79663 Check 02/01/2019 11293 - RANDAZZO ENTERPRISES, INC Twin Creeks Demolition Retainage Release 36,532.95
421 EFT 02/08/2019 *10214 - Delta Dental December 2018 & January 2019 Dental Premium 35,159.41
79708 Check 02/08/2019 12003 - Wondries Fleet Group Purchase 2019 Jeep Grand Cherokee - A105 32,960.29
79674 Check 02/01/2019 *11152 - WELLINGTON PARK INVESTORS A02 & A04 Rent - February 2019 24,691.00
79686 Check 02/08/2019 12014 - ECAST Engineering Inc.POD17 Waterline Replacement on former McDonald Ranch & Release of Retainage 18,089.14
410 EFT 02/01/2019 11854 - RECON ENVIRONMENTAL, INC.Plant Maintenance & Revegetation Sites - December 2018 17,521.34
430 EFT 02/08/2019 *10419 - LINCOLN NATIONAL LIFE INSURANCE COMPANY AD&D/Life/LTD January & February 2019 15,179.89
426 EFT 02/08/2019 12011 - HARRIS & ASSOCIATES, INC.Toto Ranch Rangeland Management 11/25/18 - 12/29/18 14,545.00
396 EFT 01/25/2019 11906 - LAW OFFICES OF GARY M. BAUM Legal Counsel Services Nov 2018 11,526.11
392 EFT 01/25/2019 10546 - ECOLOGICAL CONCERNS INC Veg Management & Invasives Removal & Management (BCR)11,408.00
79659 Check 02/01/2019 11501 - HARRIS DESIGN BCR Phase 1 Public Access Project - Design & Construction 11,151.25
79688 Check 02/08/2019 11737 - Friends of Stevens Creek Trail Deep Cliff Fisheries Restoration Project on Stevens Creek 9,900.00
403 EFT 01/25/2019 11665 - Waterways Consulting BCR - Road & Trail Construction Oversight 9,703.70
79626 Check 01/25/2019 10005 - GRASSROOTS ECOLOGY Mt Umunhum Summit Revegetation 9,140.42
79696 Check 02/08/2019 *10180 - P G & E Electricity & Gas Acct 21 Locations 8,799.45
438 EFT 02/08/2019 *10216 - VALLEY OIL COMPANY Fuel For Disctrict Vehicles 8,625.04
79647 Check 01/25/2019 10350 - VALBRIDGE PROPERTY ADVISORS 2018 Rental Survey 8,000.00
79656 Check 02/01/2019 11936 - Code 3, Inc.Lightbars and Controllers for P121, P122, P123, P124 7,957.00
433 EFT 02/08/2019 11519 - PRICE, POSTEL & PARMA LLP Legal Services - December 2018 7,741.50
79691 Check 02/08/2019 11859 - Horizon Water and Environment, LLC Programmatic Environmental Permitting Services 7,465.34
417 EFT 02/08/2019 11391 - CHAVAN & ASSOCIATES, LLP Professional Services for 6/30/18 Financial & Compliance Audit 7,150.00
79648 Check 02/01/2019 11863 - ALBION ENVIRONMENTAL INC BCR Archaeological Services 6,852.72
79628 Check 01/25/2019 11501 - HARRIS DESIGN Alma College Parking Lot Design - Bidding & Construction 6,783.63
79676 Check 02/08/2019 11470 - AECOM TECHNICAL SERVICES, INC.Ravenswood Bay Trail 9/18/18 - 12/14/18 6,210.00
79687 Check 02/08/2019 10793 - FALL CREEK ENGINEERING La Honda Creek Loop Trails 6,011.75
79670 Check 02/01/2019 11618 - TRAIL PEOPLE Highway 17 Wildlife Crossing Consulting MAA20-1 & MAA20-2 5,940.00
79664 Check 02/01/2019 10697 - SANDIS Mt Um Road Settlement Monitoring 5,905.00
79693 Check 02/08/2019 10461 - NORTHGATE ENVIRONMENTAL MGMT Phase II Environmental Assessment at Event Center 5,772.22
79679 Check 02/08/2019 10014 - CCOI GATE & FENCE SA08 Gate Rebuild (SA) 5,640.00
79682 Check 02/08/2019 12037 - Colliers International 5050 El Camino - Commission Split 50/50 5,406.50
79684 Check 02/08/2019 12038 - Cushman & Wakefield, Inc.5050 El Camino - Commission Split 50/50 5,406.50
425 EFT 02/08/2019 10005 - GRASSROOTS ECOLOGY Nursery Plants for Revegetation Projects 4,430.84
79635 Check 01/25/2019 12033 - Peninsula Corridor Joint Powers Board Public Trail at Dumbarton Corridor 4,250.00
79703 Check 02/08/2019 11730 - STANDARD INSURANCE COMPANY RV Basic & Supplemental Life January & February 2019 4,152.25
79634 Check 01/25/2019 12020 - Panorama Environmental, Inc.CEQA: Prescribed Fire Program Development 4,010.00
422 EFT 02/08/2019 11748 - ENVIRONMENTAL AND ENERGY CONSULTING State Funding Consulting and Lobbying Services - Jan 2019 3,750.00
79700 Check 02/08/2019 10176 - RE BORRMANN'S STEEL CO Steel Tubing (FFO) 3,678.19
79689 Check 02/08/2019 10509 - GEOCON CONSULTANTS INC Bear Creek Dump Investigation - December 2018 3,424.25
79678 Check 02/08/2019 11379 - CALTRANS Highway 17 Wildlife Crossing Agreement MAA20-1 & MAA20-2 3,208.83
391 EFT 01/25/2019 10032 - DEL REY BUILDING MAINTENANCE Janitorial Services & Supplies (AO)3,023.10
79636 Check 01/25/2019 *10211 - PUBLIC POLICY ADVOCATES 2019 Monthly Fee - Legislative Advocacy Services for JAN 2,916.66
79701 Check 02/08/2019 10934 - REGIONAL WATER QUALITY CONTROL BOARD Ravenswood Bay Trail Permit Fees 2,898.00
79669 Check 02/01/2019 *10583 - TPX COMMUNICATIONS Monthly Telephone and SAO Internet 1/16/19 - 2/15/19 2,825.17
79657 Check 02/01/2019 10509 - GEOCON CONSULTANTS INC Bear Creek Sediment & Water Assessment - December 2018 2,537.70
79683 Check 02/08/2019 10022 - CONCERN Employee Assistance Program 1st Qtr 2,467.50
419 EFT 02/08/2019 11707 - CUMMING CONSTRUCTION MANAGEMENT, INC.Highway 17 North South Trail Crossings 2,450.00
395 EFT 01/25/2019 10222 - HERC RENTALS, INC.Equipment Rental (FFO)2,344.71
393 EFT 01/25/2019 10187 - GARDENLAND POWER EQUIPMENT SFO Stihl Pole Saw Shains and Pole Saw Bars 2,335.01
79677 Check 02/08/2019 11460 - ASBESTOS MANAGEMENT GROUP OF CALIFORNIA Hazardous Material Disposal (SA) 2,250.00
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
page 2 of 4
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-03
MEETING DATE: February 13, 2019 Fiscal Year to date EFT:19.48%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description 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
79639 Check 01/25/2019 10195 - REDWOOD GENERAL TIRE CO INC M37 Tires 2,127.39
79644 Check 01/25/2019 11528 - TAYLOR COMMUNICATIONS, INC.Parking Citation Books 2,126.57
437 EFT 02/08/2019 11780 - TERRY J MARTIN ASSOCIATES SAO (Cristich) Design Development 2,080.00
432 EFT 02/08/2019 *10212 - PINNACLE TOWERS LLC Tower Rental - Skeggs Point 1,945.05
414 EFT 02/08/2019 10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Creek 1,932.28
79673 Check 02/01/2019 *10309 - VERIZON WIRELESS Monthly Service for 49 mobile devices 1,886.56
408 EFT 02/01/2019 10222 - HERC RENTALS, INC.Equipment Rental (BCR)1,748.55
79666 Check 02/01/2019 11627 - SOUTH BAY ACCESS SOLUTIONS Key Pad Replacement for the Northridge lot gate & Gate Remotes for SFO 1,658.52
79699 Check 02/08/2019 11518 - RANCHING BY NATURE Built Fence & Repaired Holes in Fence - Pasture 3 1,620.00
79692 Check 02/08/2019 10058 - LIEBERT CASSIDY WHITMORE Human Resources Legal Consulting - December 2018 1,532.00
79658 Check 02/01/2019 11608 - GOVERNMENT JOBS Governmentjobs.com subscription 1,500.00
436 EFT 02/08/2019 10152 - Tadco Supply Janitorial Supplies 1,446.42
79668 Check 02/01/2019 11055 - SYSTEMS FOR PUBLIC SAFETY Background check- Seasonal ranger candidate 1,419.85
400 EFT 01/25/2019 10447 - SIMMS PLUMBING & WATER EQUIPMENT Quarterly Chlorination & Replacement Water Meter At Lobitos House 1,409.78
79643 Check 01/25/2019 10580 - SHARP BUSINESS SYSTEMS Copier usage fees December, 2018 (11 machines)1,369.61
79706 Check 02/08/2019 *10213 - VISION SERVICE PLAN-CA Vision Premium - January 2019 1,361.78
424 EFT 02/08/2019 10187 - GARDENLAND POWER EQUIPMENT Equipment Parts & Supplies, Chainsaw 1,355.19
79624 Check 01/25/2019 11195 - GOODYEAR AUTO SERVICE CENTER P108 New Tires 1,352.54
431 EFT 02/08/2019 11664 - LSQ Funding Group, L.C.Week Ending 12/02/18 RP Admin Support 1,313.50
401 EFT 01/25/2019 10952 - SONIC.NET, INC.Fiber Optic Line monthly service 2/1-2/28-19 1,170.00
79622 Check 01/25/2019 10463 - DELL BUSINESS CREDIT 4 LCD Monitors 1,128.84
79649 Check 02/01/2019 10815 - AMERICAN RED CROSS Red Cross Certificates 1,024.00
404 EFT 02/01/2019 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Service (RSACP)990.00
79671 Check 02/01/2019 *10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP), (SA) 973.06
79623 Check 01/25/2019 11701 - ERIC GOULDSBERRY ART DIRECTION Design and production of Midpen partner signage template 967.50
415 EFT 02/08/2019 10170 - CASCADE FIRE EQUIPMENT COMPANY Pumper Repair Parts 912.06
407 EFT 02/01/2019 10032 - DEL REY BUILDING MAINTENANCE Clean Sherill House After Move Out 790.00
418 EFT 02/08/2019 10352 - CMK AUTOMOTIVE INC 5K Service - M208, M72 & Install Winch Assembly (P115) 788.83
79627 Check 01/25/2019 11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSACP)734.84
79710 Check 02/08/2019 Blue Shield of California COBRA payment FBO Leslie Chan ID#906603277 (pass-through)709.89
79662 Check 02/01/2019 11923 - PROVOST & PRITCHARD Waterline Replacement POD 17 703.10
406 EFT 02/01/2019 10352 - CMK AUTOMOTIVE INC Maintenance Service & Repair - P98, P112 & M201 672.23
79642 Check 01/25/2019 11125 - SAN MATEO COUNTY TAX COLLECTOR, SANDIE ARNOTT Cunha parcels - outstanding tax year 2016 640.50
79641 Check 01/25/2019 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)613.53
79707 Check 02/08/2019 10527 - WASTE MANAGEMENT Debris Disposal (FOOSP) 611.15
388 EFT 01/25/2019 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire Pumper Supplies 608.65
79629 Check 01/25/2019 10189 - LIFE ASSIST SFO First Aid Supplies 592.14
79619 Check 01/25/2019 10014 - CCOI GATE & FENCE Gate Repair (SA-MT UM), (SAO) 591.70
79654 Check 02/01/2019 11753 - CITIBANK, N.A.Cydney Bieber - air travel to City/County Marketing Conf 576.60
79650 Check 02/01/2019 10294 - AmeriGas - 0130 Propane For Tenant Properties 554.22
79681 Check 02/08/2019 11530 - COASTSIDE.NET SFO Internet Service 2/01 - 2/28/19 550.00
79618 Check 01/25/2019 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)512.02
79646 Check 01/25/2019 10200 - TOOLAND INC Hole Saw Drill Set, Porter Cable Router 489.35
79695 Check 02/08/2019 10160 - OFFICE DEPOT CREDIT PLAN Office Supplies - Chairs, Binders, Planner, Calendar, Paper 478.24
79680 Check 02/08/2019 12035 - City of Morgan Hill 2018 City Clerks New Law & Elections Seminar 475.00
79621 Check 01/25/2019 10544 - CORELOGIC INFORMATION SOLUTION Property Research Services - December 2018 463.50
79645 Check 01/25/2019 10338 - THE ED JONES CO INC Three Badges for Patrol Staff 456.45
79617 Check 01/25/2019 10120 - ADT SECURITY SERVICES INC AO ALARM SERVICES 452.29
435 EFT 02/08/2019 10107 - SUNNYVALE FORD 5K Service - M210 & M223 444.79
79675 Check 02/01/2019 11852 - WESTERN EXTERMINATOR CO.Exterminator Service (RSA-Annex) 410.00
429 EFT 02/08/2019 10259 - LENINGTON, KIRK Mileage Reimbursement 7/9/18 - 1/22/19 378.10
398 EFT 01/25/2019 11479 - Rootid, LLC Website maintenance - 4 retainer hours 378.00
79620 Check 01/25/2019 10168 - CINTAS Shop Towel Service (FFO & SFO)364.76
79667 Check 02/01/2019 10302 - STEVENS CREEK QUARRY INC Rock (FOOSP) 357.16
page 3 of 4
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-03
MEETING DATE: February 13, 2019 Fiscal Year to date EFT:19.48%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description 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
79704 Check 02/08/2019 10302 - STEVENS CREEK QUARRY INC Base Rock (FFO FOOSP & SAO) 345.91
79638 Check 01/25/2019 10589 - RECOLOGY SOUTH BAY Debris Recycling 333.00
390 EFT 01/25/2019 10352 - CMK AUTOMOTIVE INC P104 Repairs 332.60
79640 Check 01/25/2019 10093 - RENE HARDOY AO Gardening Services 325.00
79697 Check 02/08/2019 10135 - PRAXAIR DISTRIBUTION, INC.Welding Materials 323.17
79631 Check 01/25/2019 11536 - MTECH AO Heating Services 302.00
427 EFT 02/08/2019 10222 - HERC RENTALS, INC.Equipment Rental Attachment (FFO) 296.48
79633 Check 01/25/2019 *10180 - P G & E Electricity & Gas 273.50
428 EFT 02/08/2019 11605 - JASKULAK, STEFAN Travel Expenses Reimburse for AFP & GFOA Treasury Conferences 270.03
402 EFT 01/25/2019 10107 - SUNNYVALE FORD P118 Service 247.50
394 EFT 01/25/2019 10173 - GREEN WASTE SFO Garbage/Recycle 245.66
405 EFT 02/01/2019 10496 - CHUNG, JEAN Mileage Reimbursement 241.98
397 EFT 01/25/2019 11999 - REYES, THOMAS Mileage reimbursement 10/13/18 - 12/06/18 233.70
79653 Check 02/01/2019 *10454 - CALIFORNIA WATER SERVICE CO-949 AO WATER SERVICE 207.01
411 EFT 02/01/2019 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Background Checks 207.00
412 EFT 02/01/2019 12034 - Vakharia, Mazarin Mileage Reimbursement League of CA Cities Jan 2019 195.48
79652 Check 02/01/2019 10183 - BARRON PARK SUPPLY CO INC Plumbing Supplies (RSACP)169.55
416 EFT 02/08/2019 11532 - CHANEY, MATT Amphibian Population Conference - Arcata, CA expenses 155.00
79651 Check 02/01/2019 11048 - ARC Board of Directors Wall Map Display 152.27
79694 Check 02/08/2019 10670 - O'REILLY AUTO PARTS P94 Battery 151.23
79630 Check 01/25/2019 10664 - MISSION TRAIL WASTE SYSTEMS AO garbage services 135.16
434 EFT 02/08/2019 11559 - SIFUENTES-WINTER, JONATHAN Mileage Reimbursement 11/7/18 - 12/17/18 117.39
409 EFT 02/01/2019 11752 - LIN, JASON Civil Engineer License Fee reimbursement 115.00
79660 Check 02/01/2019 10394 - INTERSTATE TRAFFIC CONTROL PRO Traffic Sign Parts (PuR) 111.26
413 EFT 02/08/2019 10240 - ACE FIRE EQUIPMENT & SERVICE INC Universal bracket and acrylic sign 105.95
79698 Check 02/08/2019 10265 - PRIORITY 1 Repair Internal PA on P114 100.00
79709 Check 02/08/2019 11834 - WRECO Mud Lake Improvements 100.00
79672 Check 02/01/2019 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Testing 99.00
79702 Check 02/08/2019 11054 - SAN MATEO COUNTY HUMAN RESOURCES DEPARTMENT Training - Exceptional Customer Service 95.00
423 EFT 02/08/2019 11151 - FASTENAL COMPANY Hardware Restock 88.34
79705 Check 02/08/2019 10162 - TERMINIX PROCESSING CENTER AO PEST CONTROL 86.00
79661 Check 02/01/2019 10481 - PACIFIC TELEMANAGEMENT SERVICE Montebello Camp Pay Phone monthly service 78.00
389 EFT 01/25/2019 11532 - CHANEY, MATT Reimburse for Supplies for Bat Work & Fuel for District Vehicle 62.42
399 EFT 01/25/2019 11559 - SIFUENTES-WINTER, JONATHAN Request for partial reimbursement of professional dues 60.00
79616 Check 01/25/2019 11880 - A T & T (CALNET3)Mt Um Emergency Phone monthly service 45.32
420 EFT 02/08/2019 11210 - DATA SAFE AO Shredding Services 40.00
79637 Check 01/25/2019 10134 - RAYNE OF SAN JOSE Account # 16451 Water Service (FOOSP) 28.25
79665 Check 02/01/2019 11289 - SANTA CLARA CO. PUBLIC HEALTH LAB Water Test at Tenant House 20.00
Grand Total 1,877,949.14$
*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
Abbreviations
page 4 of 4
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-03
MEETING DATE: February 13, 2019 Fiscal Year to date EFT:19.48%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description 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
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
Rev. 1/3/18
R-19-18
Meeting 19-03
February 13, 2019
AGENDA ITEM 3
AGENDA ITEM
Renewal of Agreement with Grassroots Ecology for the Hendrys Creek Stream Restoration
Project at Sierra Azul Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to renew an agreement with Grassroots Ecology (formerly
Acterra Stewardship) in an amount of $107,000 for native plant restoration, vegetation
monitoring, and grant administration work associated with the grant-funded Hendrys Creek
Stream Channel Restoration Project (Project) at Sierra Azul Open Space Preserve. The
agreement, including this renewal, is eligible for full reimbursement by a Santa Clara Valley
Water District grant through June 2020.
2. Authorize an additional allowance of $40,000 for optional hand watering, contingent upon
need at the District’s sole discretion, for a total not-to-exceed contract price of $147,000.
SUMMARY
This contract will ensure compliance with resource agency permits for the recently completed
grant-funded stream restoration project at Hendrys Creek by allowing a second year of native
planting with Grassroots Ecology, who partnered with the Midpeninsula Regional Open Space
District (District) on the grant (R-16-80).
The District Special Projects crew completed the stream restoration work in 2018, and the first
round of native plant installation is complete. To meet regulatory permit requirements and
related performance measures, the project includes a second year of native plant seed collection,
propagation, and planting work.
The second round of plant installation and related monitoring and reporting is anticipated to cost
$107,000. In addition, an allowance of $40,000 has been identified for optional hand watering,
should the need arise. The recommended contract renewal for a non-to-exceed total amount of
$147,000 remains within the original budget ceiling awarded under the grant. The recommended
contract renewal will cover project expenses in FY2019-20, and sufficient funds would be
included in the FY2019-20 Budget for the expenditures.
DISCUSSION
Background
The Hendrys Creek property is located east of the Lexington Reservoir, within the Cathedral
Oaks area of Sierra Azul Open Space Preserve (Preserve), in the middle portion of Hendrys
R-19-18 Page 2
Creek canyon. The Board approved purchase of the Peninsula Open Space Trust (POST)
Hendrys Creek property on May 13, 2015 (R-15-71), through a Memorandum of Understanding
(MOU) with POST and Santa Clara Valley Water District (SCVWD). The District closed
escrow on the Hendrys Creek property on June 26, 2015, which conveyed the property in fee title
to the District, and SCVWD funded the full purchase price of $1,500,000 from its Multi-Year
Stream Maintenance Program. These actions also included the granting of a Conservation
Easement from the District to SCVWD, which incorporated a Long Term Management Plan for
the property. The Long-term Management Plan calls for stream restoration and sediment-
reduction practices, including daylighting creeks long-buried in sediment from legacy road and
housing pad construction, which has now been accomplished. Otherwise, the District will
maintain the property in its current condition consistent with its Conservation Management Unit
(CMU) designation, per the 2015 Long Term Management Plan with the SCVWD. The area was
designated as a CMU “…so that use is confined to activities that are consistent with creek and
riparian corridor protection, watershed and riparian habitat, and ecologically sensitive public
enjoyment of the Property, consistent with the Conservation Easement”. Per this requirement, the
area will remain closed to public access, with no anticipated change in use.
Recent work accomplished
The Foothills Special Projects Crew removed 1,170 cubic yards of fill material from ¾ mile of
the road paralleling Hendrys Creek. Work restored geomorphic function to the area through
excavation of 13 road/stream crossings where fill material had been placed in the channel to
create a network of roads and building pads to support a small, off-the-grid community. The
Natural Resources Department oversaw seed collection, propagation, and planting of 1,141
native plants, and 154 acorn/buckeye basins installed before the end of 2018.
Grant funding
In 2015, the SCVWD awarded the District grant funds under the Safe, Clean Water and Natural
Flood Protection Program (Program) in an amount of $484,650 to implement the Project (R-15-
108). The existing partnership agreement with Grassroots Ecology (formerly known as Acterra
Stewardship or Acterra), has partially fulfilled a grant objective by bringing non-profit resources
to assist with the restoration work (R-16-80).
Need for additional work
In order to ensure District compliance with regulatory permit requirements, the project includes a
second year of native plant seed collection, propagation, and planting assistance. This second
year of restoration work is also included in the total grant amount requested from the SCVWD.
The estimated number of plantings is based on recent experience in achieving an up to 80% plant
survival rate per resource agency permit requirements (primarily the California Department of
Fish and Wildlife (CDFW) Streambed Alteration Agreements). Due to the requirements for plant
success, and the infeasibility of regular irrigation by truck that would otherwise provide greater
assurance of survival, the recommended contract renewal will fund a second round of similar
native seed collection, propagation, and weed removal to meet regulatory requirements.
FISCAL IMPACT
This project is part of Measure AA (MAA) Portfolio #22, Sierra Azul: Cathedral Oaks Public
Access and Conservation Projects, with funding to, in part, “restore plant communities and
soils.”
R-19-18 Page 3
Expenditures associated with the recommended action will apply during FY2019-20, as
summarized in the fiscal impact table below. As noted in the Funding Sources section of the
table, expenditures under the recommended action will apply to two separate District project
budgets. Development of the FY2019-20 Budget and Action Plan will be going through its
annual review and approval process beginning February 2019.
Budget & Funding Summary FY2019-20
Amendment to Agreement with Grassroots Ecology for the Hendrys
Creek Stream Restoration Project - Costs:
$107,000
Contingency for optional hand watering: $40,000
Total Recommended Action: $147,000
Funding Sources:
Grant Funds Available
SCVWD, R-16-80:
$147,000
Measure AA (Fund 30)
Project # MAA22-001 Hendrys Creek Stream Channel Restoration:
$62,720
General Fund (Fund 10)
Project # TBD Hendrys Creek Stream Channel Restoration:
$84,280
Total Funding Sources: $147,000
The following table outlines Measure AA Portfolio #22 budget, costs-to-date, and the fiscal
impact related to MAA 22-001 – Hendry’s Creek Property Land Restoration project. This project
supports Measure AA Portfolio #22 by restoring plant communities and protecting soil from
eroding into waterways.
MAA22 Sierra Azul: Cathedral Oaks Public Access and
Conservation Projects $6,714,000
Grants Awarded – (and applicable to
Measure AA eligible project expenses): $440,370
Life-to-Spent (as of 1/17/19): ($877,225)
Encumbrances: ($60,740)
Measure AA eligible expenditure – Amendment to Agreement with
Grassroots Ecology for the Hendrys Creek Stream Restoration Project
with contingency for optional hand watering:
($62,720)
Balance Remaining (Proposed): $6,153,685
As summarized in the two tables above, a portion of the recommended action is an eligible
Measure AA expenditure, funded with grant revenues awarded from SCVWD. The remaining
portion of the recommended action is identified as a General Fund expenditure, and would also
be funded with grant revenues awarded from SCVWD.
R-19-18 Page 4
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item. The full Board approved the
partnership agreement with Grassroots Ecology (formerly Acterra Stewardship) on June 22, 2016
(R-16-80).
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act (CEQA)
and no environmental review is required. The Board adopted a Resolution approving the Initial
Study/Mitigated Negative Declaration and the Mitigation Monitoring Program for the Hendrys
Creek Restoration Project in accordance with CEQA on May 13, 2015 (R-15-71).
NEXT STEPS
Pending Board approval, the contract would be authorized for the additional scope of work and
seed collection would begin in spring 2019.
Responsible Department Head:
Jane Mark, AICP, Planning Manager, Planning Department
Prepared by:
Meredith Manning, Senior Planner, Planning Department
Amanda Mills, Resource Management Specialist II, Natural Resources Department
R-19-17
Meeting 19-03
February 13, 2019
AGENDA ITEM 4
AGENDA ITEM
Maintenance and Indemnification Agreement between the County of Santa Clara and
Midpeninsula Regional Open Space District
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution approving the Maintenance and Indemnification Agreement between the
County of Santa Clara and Midpeninsula Regional Open Space District and authorizing the
General Manager to execute and record the Agreement.
SUMMARY
The General Manager recommends entering into a Maintenance and Indemnification Agreement
(Agreement) with the County of Santa Clara (County) to satisfy the County’s requirement for the
District’s planned at-grade pedestrian crossing within the County Right-of-Way on Bear Creek
Road. This at-grade crossing is a critical improvement for the opening of west Bear Creek
Redwoods Open Space Preserve, which is scheduled for June 2019. The Agreement requires the
District to retain responsibility for the maintenance and repair of the improvements along and
within Bear Creek Road. The District applied for a County encroachment permit to install trail
crossing and safety improvements at Bear Creek Road, including advance warning signs,
retroreflective flashing beacons, crosswalk striping, and other items. As a condition precedent to
the approval of the encroachment permit, the County requires the District to enter into and record
the Agreement acknowledging that the District is responsible for the maintenance and repair of
the improvements along and within Bear Creek Road.
BACKGROUND
Bear Creek Redwoods Open Space Preserve (Preserve) was established in 1999 with the
purchase of two large properties from Peninsula Open Space Trust. Purchase of the former
Holmes Lumber Company property in 2010 brought the Preserve to its current size of 1,432
acres and closed the gap in the southernmost and upper reaches near Summit Road. On January
25, 2017 and following a robust, multi-year public planning process, the Board approved the
Bear Creek Redwoods Preserve Plan and certified the project’s Environmental Impact Report (R-
17-15). The Preserve Plan is a long-term use and management plan for the Preserve that
identifies phased implementation actions to protect and restore natural resources, manage
cultural and historic resources, and provide opportunities for low-intensity public access and
interpretation. Midpen has been working toward implementing Phase I actions, which includes
design and construction of a new parking area, formalizing a trail crossing across Bear Creek
Road, and opening the west area of the Preserve to public access.
R-19-17
Page 2
As part of Phase I, the Planning and Natural Resources Committee reviewed and forwarded the
schematic design of a new parking lot and trailhead to the full Board on March 28, 2017 (R-17-
39). At the regular meeting of October 25, 2017, the full Board confirmed the design for the
Alma College Parking Area and Trail Crossing. The approved design includes the first formal
public parking area for the Preserve as a gateway to open the west area to general public use.
On April 2018, the Board awarded a construction contract to Graniterock Company for the Bear
Creek Redwoods Public Access Project, including parking lot construction and a new trail
crossing with safety improvements at Bear Creek Road (R-18-39). Approval of the Agreement
(Attachment 2) and the subsequent encroachment permit will allow the District to install the trail
crossing at Bear Creek Road. Grand Opening of the Preserve is tentatively set for June 2019.
FISCAL IMPACT
This Agreement will have no direct fiscal impact on the District. Future maintenance costs for
the crossing, signs, and other site improvements will be included in future Fiscal Year Operating
Budgets.
BOARD COMMITTEE REVIEW
The Planning and Natural Resources Committee forwarded the schematic design of the parking
lot and trail crossing to the full Board for approval at their March 28, 2017 meeting (R-17-39).
PUBLIC NOTICE
Public notice of this Agenda Item was provided as required by the Brown Act.
CEQA COMPLIANCE
Construction of the trail crossing and safety improvements for the Bear Creek Redwoods Public
Access Project is consistent with the Bear Creek Redwoods Preserve Plan Environmental Impact
Report, which the Board certified on January 25, 2017 (R-17-15).
NEXT STEPS
Upon approval by the Board of Directors, the General Manager will execute the Agreement and
submit it to the County. The County will record the Agreement on the District’s properties on
either side of Bear Creek Road. The County will subsequently issue an encroachment permit to
allow the District to install the trail crossing and safety improvements at Bear Creek Road.
Attachments:
1. Resolution Approving the Maintenance and Indemnification Agreement
2.Maintenance and Indemnification Agreement APNs: 544-31-003 & 544-33-001
Responsible Department Manager:
Jason Lin, Engineering & Construction Manager
Prepared by:
Sean Smith, Capital Project Manager
ATTACHMENT 1
1
RESOLUTION NO. 19-___
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE MAINTENANCE AND INDEMNIFICATION AGREEMENT WITH
SANTA CLARA COUNTY FOR BEAR CREEK ROAD AND
AUTHORIZING THE GENERAL MANAGER AND GENERAL COUNSEL
TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO EXECUTE AND RECORD THE AGREEMENT
WHEREAS, the District is the fee owner of that certain real property commonly known as Bear
Creek Redwood Open Space Preserve (“Preserve”) located along Bear Creek Road, County of
Santa Clara (“County”); and
WHEREAS, Bear Creek Road, a County maintained road, bisects the Preserve; and
WHEREAS, the District has applied to the County for an encroachment permit to install certain
improvements for an at-grade pedestrian, equestrian, and bicycle trail crossing at Bear Creek
Road to link the western area of the Preserve to its new parking area; and
WHEREAS, as a condition precedent to the requested encroachment permit, the District has
agreed to retain all responsibility for the maintenance and repair of the improvements within the
County right of way and to indemnify and defend the County from any and all liability and
damage arising from the improvements; and
WHEREAS, the District and the County have memorialized the terms and conditions of their
understanding in the attached Maintenance and Indemnification Agreement (“Agreement”).
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Midpeninsula
Regional Open Space District hereby:
1. Approves the Agreement; and
2. Authorizes the General Manager or designee to execute the Agreement and any
related documents on behalf of the District necessary to record the Agreement; and
3. Authorizes the General Manager and General Counsel to approve any technical
revisions to the Agreement and documents, which are necessary or appropriate to
execute or record the Agreement.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on February _____, 2019, at a regular meeting thereof, by the following roll
call vote:
* * * * * * * * * * * * * * * * * * * *
AYES:
NOES:
2
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
1 of 7
RECORDING REQUESTED BY:
County of Santa Clara
WHEN RECORDED MAIL TO:
The County of Santa Clara
Roads and Airports Department
101 Skyport Drive
San Jose, CA 95110-1302
Attention: Jim Walsh
APNs: 544-31-003 & 544-33-001
_________________________________________________________________________________
Space Above For Recorder’s Use
MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
THIS MAINTENANCE AND INDEMNIFICATION AGREEMENT (“Agreement”) is made and
entered into as of the date fully executed by Mid-peninsula Regional Open Space District, a
California independent special district, (“District”) and the County of Santa Clara, a political
subdivision of the State of California, (“County”), collectively referred to herein as the “Parties” and
individually, a “Party”.
R E C I T A L S
WHEREAS, the District is the fee owner of that certain real property commonly known as Bear
Creek Redwood Open Space Preserve located along Bear Creek Road, County of Santa Clara, State
of California, APNs 544-31-003 & 544-33-001 as depicted in the map labeled as Exhibit A, attached
hereto and incorporated herein (the “Preserve”); and
WHEREAS, District is a special district organized pursuant to California Public Resources Code
section 5500 et seq, formed by voter initiative to acquire real property and interests therein for public
park, recreation, scenic, open space and natural resource restoration and management purposes; and
WHEREAS, the District has developed and adopted the Bear Creek Redwoods Preserve Plan
(“Plan”) which establishes framework for the long-term use and management of the Preserve; and
WHEREAS, the Plan identifies the development of a continuous trail network from State Route 17 at
the easterly Preserve boundary to State Route 35 at the westerly Preserve boundary; and
WHEREAS, Bear Creek Road, a County maintained road, bisects the Preserve, thereby creating an
eastern Preserve zone and a western Preserve zone; and
WHEREAS, the Plan calls for the formalization of an at-grade pedestrian and equestrian trail
crossing of Bear Creek Road to link the Preserve entrance and its only parking area which is situated
in the eastern Preserve zone with the trail system in the western Preserve zone to create a continuous
trail network; and
ATTACHMENT 2
MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
2 of 7
WHEREAS, District applied for an encroachment permit to install aforementioned at-grade trail
crossing consisting of advanced warning signs, retroreflective flashing beacons (RRFBs),
thermoplastic crosswalk striping, streetlight, Americans with Disabilities Act (ADA)-compliant
detectable warning surfaces, resin paving trail surface, split rail fencing, and necessary electrical
systems and appurtenances (collectively “Improvements”) within County right-of-way along Bear
Creek Road (“County ROW”) as shown on Exhibit B, attached hereto and incorporated herein, to
provide a formal at-grade trail crossing for the Preserve; and
WHEREAS, the District seeks to design, construct, operate, maintain, and repair trails and other
improvements in order to provide a positive visitor experience while serving the environmental
stewardship and restoration goals articulated in District policies; and
WHEREAS, in the event that County determines that the Improvements or any portion thereof must
be removed from the County ROW, County and District intend to cooperate in identifying an
alternate trail alignment, if feasible; and
WHEREAS, as a condition precedent to the requested encroachment permit, District has agreed to
retain all responsibility for the maintenance and repair of the Improvements within County ROW and
to indemnify and defend the County from any and all liability and damage arising from the
Improvements; and
WHEREAS, the Parties desire to memorialize such agreement in writing.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
1.Incorporation. The above Recitals are hereby incorporated herein and made a part hereof.
2.Maintenance and Repair. District shall, at no cost or expense to County, at all times during
the term hereof maintain, or cause to be maintained, the Improvements in good and
operational condition, which shall include periodic inspection. Improvements maintenance
shall consist of the following (collectively, “Maintenance”):
a.Periodic inspection of the integrity and operability of the retroreflective flashing
beacons (RRFBs), advanced warning signs, and thermoplastic pavement markings and
prompt repair and/or replacement of any element that has been damaged or otherwise
compromised and prompt removal of any graffiti or defacing that reduces the
effectiveness of any element so as to maintain the operational and safety enhancements
associated with the formal at-grade trail crossing.
b.Periodic inspection of the integrity and soundness of the split rail fence and prompt
repair and/or replacement of any fence section that has been damaged or otherwise
compromised so as to maintain the delineation of the trail crossing location.
c.Periodic inspection of the integrity and operability of the resin paving trail surface and
ADA-compliant detectable warning surfaces and prompt repair and/or replacement of
MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
3 of 7
any section that has been damaged or otherwise compromised so as to maintain a
safely traversable surface treatment.
d. Periodic inspection of all light fixtures, structures, electrical conduits and conductors,
service points and boxes, pull boxes, and any other device, feature, equipment,
assembly or facility associated with the new streetlight so as to maintain good working
order.
i. The District will be responsible for the payment of all electrical services for the
new streetlight.
The District shall complete or cause to be completed all Maintenance to the satisfaction of the
County Director of Roads and Airports Department. County shall have the right to monitor or
otherwise evaluate the Maintenance and all work performed in connection with the
Improvements. District agrees that any damages caused by Improvements (direct or indirect)
to the County ROW, public drainage system, or any public structures within County ROW
shall be restored to their original condition by District in its sole cost and expense. All work
shall be conducted in accordance with the County’s standard specifications to the satisfaction
of the Director of Roads and Airports Department.
3. Failure to Maintain. If District fails to perform the Maintenance as required herein, County
shall give District a 30-day notice to comply with District’s Maintenance obligations under
this Agreement unless there is an immediate safety concern. In the event of an immediate
safety concern, or after the 30-day notice, County may, at its option, provide the Maintenance
not performed by District and collect all costs incurred by County to perform the Maintenance
not performed by District under the notice from County. County’s Maintenance activities
shall not alter the design of the Improvements, without the written approval of the District.
4. Obligation to Remove. In the event the Director of Roads and Airports determines in his sole
discretion that a necessary work of improvement requires that the Improvements or a portion
thereof, must be removed from the County ROW, the County will give District a minimum of
30 days notice to remove those portions of the Improvements that prevent implementation of
said work of improvement. In the event that District fails to remove those portions of the
Improvements upon expiration of the time limit imposed by the County, the County may, at its
option, remove those portions of the Improvements and collect all costs from District which
costs will include administrative charges. In the event that County removes the Improvements
without the concurrence of District, District’s duty to indemnify is limited as described in
Paragraph 5. Upon removal of the Improvements and the payment of all costs of removal
charged by the County, the District will be deemed to be fully and completely released from
obligations hereunder. The County will record a release from this Agreement upon the
termination pursuant to this section.
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
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5.Indemnification. The District shall indemnify, defend, and hold harmless the County of Santa
Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss,
injury or damage arising out of, or in connection with, performance of this MIA by District
and/or its agents, employees or sub-contractors, except for any loss, injury, or damage caused
by the sole negligence or willful misconduct of County’s employees or agents. It is the
intent of the parties to this Agreement to provide the broadest possible coverage for the
County. District shall reimburse the County for all costs, attorneys' fees, expenses and
liabilities incurred with respect to any litigation in which the District contests its obligation to
indemnify, defend and/or hold harmless the County under this Agreement and does not prevail
in that contest.
6.Insurance. District shall provide insurance as described in Exhibit “C” – “Insurance
Requirements", attached hereto and incorporated herein.
7.Integrated Pest Management. The County has adopted Santa Clara County Ordinance
Division B28, attached hereto as “Exhibit D”, concerning integrated pest management and
pesticide use, referred herein as the “IPM Ordinance” and incorporated into this Agreement by
reference. Pursuant to Section B28-2(d) of the IPM Ordinance which may be amended from
time to time, compliance with the IPM Ordinance is required for activities within the County
ROW. To extent that the Improvements within the County ROW do not include vegetation;
District will not conduct IPM activities within the ROW and the IPM Ordinance will not
apply. District warrants and represents that its duly authorized and adopted Integrated Pest
Management program applies to land owned in fee by District, specifically APNs 544-31-003
& 544-33-001 as depicted in Exhibit A.
8.Attorney's Fees. In the event a Party commences a legal proceeding to enforce any of the
terms of this Agreement, the prevailing Party in such action shall have the right to recover
reasonable attorneys' fees and costs from the other Party, to be fixed by the court in the same
action. The term “legal proceedings” as used above shall be deemed to include appeals from a
lower court judgment and it shall include proceedings in the Federal Bankruptcy Court,
whether or not they are adversary proceedings or contested matters. The term “Prevailing
Party” as used above in reference to proceedings in the Federal Bankruptcy Court shall be
deemed to mean the prevailing Party in any adversary proceeding or contested matter, or any
other actions taken by the non-bankrupt Party which are reasonably necessary to protect its
rights under the terms of this Agreement.
9.Recordation. This Agreement shall be recorded in the appropriate public records of Santa
Clara County, California.
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
5 of 7
10.Term. This Agreement is effective upon the date that all parties hereto have executed this
agreement. It shall remain effective until terminated by (1) mutual agreement of the Parties in
writing, (2) by at least thirty (30) days’ prior written notice of termination from one party to
the other, or (3) otherwise pursuant to the terms of this Agreement. In the event that County
determines that the Improvements or a portion thereof must be removed from the County
ROW, prior to termination of the Agreement, County and District agree to meet and confer in
order to identify an alternate trail alignment, if feasible. Prior to termination of the Agreement
pursuant to this section, County shall have the right to require District to remove the
Improvements and return the County ROW to its original condition at District’s sole expense.
If District does not remove the Improvements prior to termination of the Agreement, County
may elect to remove the Improvements, return the County ROW to its original condition, and
collect all costs thereof from District. Upon removal of the Improvements and the return of
the County ROW to its original condition, or if applicable, the payment of all costs of removal
charged by the County, the District shall be fully and completely released from obligations
hereunder. The County will record a release from this Agreement.
11.Inurement. This Agreement shall run with the land and shall inure to the benefit of and be
binding on the Parties, and their heirs, personal representatives, successors and assigns having
a fee ownership interest in and to any part of the Preserve. “District” shall include the District
and the successors in interest, transferees and assigns of the District.
12.No Property Interest. District shall not acquire any interest or estate in County’s property
pursuant to this Agreement.
13.Notices. All notices, requests, demands, and other communications hereunder shall be in
writing and shall be given (i) by Federal Express (or other established express delivery service
which maintains delivery records), (ii) by hand delivery, or (iii) by certified or registered mail,
postage prepaid, return receipt requested, to the Parties at the following addresses, or at such
other address as the Parties may designate by written notice in the above manner.
To the County: To the District:
Land Development Unit General Manager
County of Santa Clara Midpeninsula Regional Open Space District
Roads and Airports Department 330 Distel Circle
101 Skyport Drive Los Altos, CA 94022
San Jose, CA 95110 Phone: (650) 691-1200
Ph. No: (408) 573-2400 Fax: (650) 691-0485
Fax No: (408) 441-0276
Such communications may also be given by facsimile transmission, provided any such
communication is concurrently given by one of the above methods. Notices shall be deemed
effective upon receipt, or upon attempted delivery thereof if delivery is refused by the
intended recipient or if delivery is impossible because the intended recipient has failed to
provide a reasonable means for accomplishing delivery.
14.Future Improvements. Additional improvements on the County ROW are not allowed without
an appropriate encroachment permit issued by the County Roads and Airports Department.
MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
6 of 7
15.Law and Permits. The Parties shall comply with all applicable laws and regulations. District
shall obtain all required permits including an encroachment permit from the County Roads
and Airports Department prior to entry and construction on the County ROW. District shall
obtain an encroachment permit from the County Roads and Airports Department with an
approved Traffic Control Plan to conduct any maintenance activities that affect the road travel
way or shoulder.
16.Governing Law and Venue. This Agreement shall be construed and interpreted according to
the laws of the State of California, excluding its conflict of law principles. Proper venue for
legal actions will be exclusively vested in a state court in the County of Santa Clara. The
parties agree that subject matter and personal jurisdiction are proper in state court in the
County of Santa Clara, and waive all venue objections.
17.Miscellaneous. This Agreement shall be interpreted and construed only by the contents hereof
and there shall be no presumption or standard of construction in favor of or against either
Party. This Agreement may be modified or amended only by a writing duly executed by both
Parties. The invalidity or unenforceability of any provision of this Agreement or the
applicability or inapplicability to either Party, as determined by a court, shall in no way affect
the validity or enforceability of any of the remaining provisions hereof or their applicability to
the other Party.
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
APNs: 544-31-003 & 544-33-001
7 of 7
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the date first above
written.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By:__________________________________ _______________
Ana Ruiz Date
General Manager
APPROVED AS TO FORM AND LEGALITY:
By:__________________________________ _______________
Hilary Stevenson Date
General Counsel
(ATTACH NOTARY FORM)
COUNTY OF SANTA CLARA
By:__________________________________ _______________
Harry Freitas Date
Director, Roads and Airports Department
APPROVED BY OFFICE OF THE COUNTY EXECUTIVE:
By:__________________________________ _______________
Sylvia Gallegos Date
Deputy County Executive
APPROVED AS TO FORM AND LEGALITY:
By:__________________________________ _______________
Christopher Cheleden Date
Lead Deputy County Counsel
BEAR CREEK REDWOODS
OPEN SPACE PRESERVE
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December 2018
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Highlighted Parcel
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EXHIBIT C -INSURANCE REQUIREMENT
FOR MAINTENANCE AND INDEMNIFICATION AGREEMENT
Insurance
Without limiting the Applicant’s indemnification of the County, the Applicant shall provide and maintain
at its own expense, during the term of the Agreement, a commercial general liability insurance for
bodily injury (including death) and property damage with a combined limit of $500,000 per occurrence
and $500,000 annual aggregate. The general liability coverage shall include an additional insured
endorsement which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the
officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional
insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other
insurance maintained by the County of Santa Clara, its officers, agents and employees shall be excess
only and not contributing with insurance provided under this policy.
The Applicant shall certify that the required coverages have been obtained by providing to the County
Roads and Airports Department certificates of insurance and endorsements executed by the insurance
carrier. In addition, certified copies of the insurance policies shall be provided by the Applicant upon
request.
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified
County insurance requirements without 30 days’ prior written notice of such cancellation or change
being delivered to the County of Santa Clara or their designated agent, except for non-payment of
premium in which case 10 days’ notice will be given.
Exhibit D
Division B28 - INTEGRATED PEST MANAGEMENT AND PESTICIDE USE
CHAPTER I. - GENERAL PROVISIONS
Sec. B28-1. - Intent and purpose.
The County, in carrying out its operations, finds it necessary from time to time to use pesticides on
County property. The intent of this division is to protect the health and safety of County employees and
the general public, the environment, and water quality, as well as to provide sustainable solutions for pest
control on County property. The Board of Supervisors hereby finds and declares that it shall be the policy
of the County of Santa Clara to eliminate or reduce pesticide applications on County property to the
maximum extent feasible. Preference shall be given to available non-pesticide alternatives, where
feasible, before considering the use of pesticides on County property.
This division concerns the application of pesticides to property owned by the County of Santa Clara
only, and does not concern the application of pesticides to property that is not owned by the County of
Santa Clara.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-2. - Definitions.
Whenever used in this division, the following terms shall have the meanings set forth below:
(a) Antimicrobial pesticides are pesticides, such as disinfectants and sanitizers, that are intended
to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or
protect inanimate objects (for example floors and walls), industrial processes or systems,
surfaces, water, or other chemical substances from contamination, fouling, or deterioration
caused by bacteria, viruses, fungi, protozoa, algae, or slime.
(b) Approved list is the list of pesticides authorized by the County IPM Coordinator for use on
County property developed in accordance with Section B28-5.
(c) Carbamates means esters on N-methyl carbamic acid, which inhibit cholinesterase.
(d) Contract is a binding written agreement, including but not limited to a contract, permit, license
or lease between a person, firm, corporation or other entity, including a governmental entity,
and the County of Santa Clara which grants a right to use or occupy property of the County or
which provides pest management services.
(e) County Executive is the County Executive or his or her designee of the County of Santa Clara.
(f) Demonstration site is a specific area or site designated by a department to evaluate the use of a
pest management strategy.
(g) Department is any agency or department of the County of Santa Clara. Department does not
include the vector control district or any other local, state, or federal agency.
(h) Departmental IPM coordinator is someone designated by a department head to coordinate the
department's IPM program.
(i) County IPM Coordinator is the person designated by the County Executive to implement and
oversee the County of Santa Clara's IPM program.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological factors.
(k) Integrated pest management (IPM) is a decision-making process for managing pests using
monitoring to determine pest-caused injury levels and combining biological control, cultural
practices, mechanical and physical tools, and chemicals to minimize pesticide usage. The
method uses extensive knowledge about pests, such as infestation thresholds, life histories,
environmental requirements, and natural enemies to complement and facilitate biological and
Exhibit D
other natural control of pests. The method uses the least hazardous pesticides only as a last
resort for controlling pests.
(l) IPM technical advisory group (IPM TAG) is the technical advisory group to the County for the
IPM program and is further described in Section B28-9.
(m) Organophosphates means organophosphorus esters, which inhibit cholinesterase.
(n) Pest is any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic
plant or animal life or virus, bacteria, or other microorganism (except certain insects, viruses,
bacteria, or other microorganism on or in living man or living animals).
(o) Pesticide is any substance, or mixture of substances which is intended to be used for
defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating
any pest, which may infest or be detrimental to vegetation, man, animals, or households, or be
present in any agricultural or nonagricultural environment. Pesticide for purposes of this division
does not include antimicrobial agents.
(p) Posting is to place signs as identified in Section B28-7 to inform employees and the public of
pesticide use at a given site.
(q) Signal words are the words used on a pesticide label—Danger, Warning, Caution—to indicate
level of toxicity.
(r) Toxicity Category I pesticide product is any pesticide product that meets United States
Environmental Protection Agency criteria for Toxicity Category I under Section 156.10 of Part
156 of Title 40 of the Code of Federal Regulations.
(s) Toxicity Category II pesticide product is any pesticide product that meets United States
Environmental Protection Agency criteria for Toxicity Category II under Section 156.10 of Part
156 of Title 40 of the Code of Federal Regulations.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-3. - General exemptions.
(a) This division shall not apply to the use of any pesticide for the purpose of improving or maintaining
water quality at any County owned or operated drinking water treatment plants, wastewater
treatment plants, reservoirs, and related collection, distribution, and treatment facilities.
(b) This division shall not apply to any use of pesticides on County property by any department when
performing pest management or pesticide activities authorized by state or federal laws or
regulations.
(c) This division shall not apply to the use of pesticides by the vector control district.
(d) This division shall not apply to antimicrobial pesticides or pesticides used to control pests in or on
living humans or animals.
(e) This division shall not apply to existing contracts except as provided in Section B28-10.
(f) This division shall not apply to contracts under negotiation at the time this division becomes effective
for a period of five years.
(Ord. No. NS-517.70, 5-21-02)
CHAPTER II. - PESTICIDE MANAGEMENT
Sec. B28-4. - County integrated pest management (IPM) program.
(a) The County IPM Coordinator shall oversee and coordinate implementation of the IPM program.
(b) The IPM program shall include, but not be limited to, the following:
Exhibit D
(1) Identify staff member(s) responsible for program implementation;
(2) Acquaint County workers with the IPM approach and new pest management strategies, as they
become known;
(3) Inform the public of the County's effort to reduce pesticide use;
(4) Respond to questions about the County's pest management program and practices;
(5) Conduct ongoing educational programs, where appropriate;
(6) Maintain records and evaluate program effectiveness;
(7) Develop and maintain the approved list of pesticides.
(c) Departments shall implement the IPM program consistent with the IPM practices outlined below.
Where feasible, departments shall consider a range of potential treatments for the pest problem and
employ non-pesticide management tactics first, consider the use of chemicals only as a last resort,
and select and use chemicals in accordance with the provisions of this division. The IPM practices
shall include ways to:
(1) Monitor pests to determine pest population size, occurrence, and natural enemy population, if
present. Identify decisions and practices that could affect pest populations. Keep records of
monitoring results;
(2) Set treatment levels for each pest at each site based on how much biological, aesthetic or
economic damage the site can tolerate;
(3) Determine the most effective treatment time, based on pest biology and other variables, such
as weather, seasonal changes in wildlife use and local conditions;
(4) Design construction and building remodels to reduce or eliminate pest habitats and improve
efficiency in facility and landscape maintenance and sanitation;
(5) Reduce pest incidences by modifying management practices such as watering, mulching,
fertilizer use, and pruning;
(6) Modify pest ecosystems, including waste management and food storage, to reduce pest food,
living space, and access;
(7) Use physical controls such as hand-weeding, traps and barriers, heat and cold;
(8) Use biological controls such as introducing or enhancing pests' natural enemies;
(9) When indoors, use baits or least toxic methods of pest control rather than sprays;
(10) Monitor treatment to evaluate effectiveness;
(11) Maintain records as set forth in Section B28-8.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-5. - Pesticide use.
(a) Approved list. The County IPM Coordinator shall develop the approved list using a set of criteria that
will be developed with the review and input of the IPM TAG. The criteria will take into account
environmental and human health hazards, principles of the IPM approach, and technically based
methods, conditions, and specifications for pesticide use. The County IPM Coordinator shall maintain
the list of approved pesticides that may be used on County property. The approved list shall be
reviewed and updated at least annually. The IPM Coordinator may amend this list as needed at any
time as long as the products are consistent with the established criteria. These amendments shall be
communicated to the IPM TAG in writing at the quarterly meetings.
(b) Specific exemptions. An exemption may be obtained from the County IPM Coordinator for use of a
product not on the approved list as follows:
Exhibit D
(1) One-year exemptions. The County IPM Coordinator may grant a specific exemption, with
limited conditions for use, for a one-year period upon a written request showing that a
department has:
a. Identified the need for use;
b. Made a good-faith effort to find alternatives to the pesticide;
c. Identified or demonstrated that effective economic alternatives to the pesticide do not exist
for that particular use; and
d. Developed a reasonable plan for investigating alternatives to the pesticide during the
exemption period.
(2) An exemption may be continued beyond the one-year period by filing a new request for
exemption as required in Subsection (b)(i) above.
(3) The County Executive shall have the discretion to revoke any exemption.
(c) Emergency use of pesticides.
(1) A department responsible for maintenance of a site or facility may apply to the County IPM
Coordinator for an emergency pesticide use exemption in the event that a pest outbreak poses
an immediate threat to public health or may cause significant economic damage.
(2) If the County IPM Coordinator cannot respond to the application in a timely manner, the
departmental IPM coordinator submitting the application may authorize the one-time emergency
use of the required pesticide and provide notice of the emergency application to the County IPM
Coordinator in writing within 48 hours.
(3) Posting of emergency use of pesticides shall be at the time of pesticide application and comply
with all other posting requirements.
(4) Reporting of the exemption and pesticide use will comply with all other reporting requirements
as stated in Section B28-8.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-6. - Restriction on the use of pesticides.
Except for the use of pesticides exempted pursuant to Section B28-3, pesticides granted an
exemption pursuant to Section B28-5(b) or 5(c) or pesticides on the approved list per Section B28-5(a),
no department shall use any of the following types of pesticides. A list of the pesticides and pesticide
products identified in (b) through (g) below shall be on file with the County IPM Coordinator.
(a) Toxicity Category I or II pesticide products.
(b) Any pesticide containing a chemical identified by the State of California as a chemical known to
the State to cause cancer or reproductive or developmental toxicity pursuant to the California
Safe Drinking Water and Toxic Enforcement Act of 1986.
(c) Pesticides identified by the State of California on the Groundwater Protection List (Food and
Agricultural Code § 13145(d)).
(d) Pesticides classified by active ingredient as organophosphate type pesticides as identified by
the United States Environmental Protection Agency (Office of Pesticide Programs, Document
735-F-99-14, May 1999), or California Environmental Protection Agency, Department of
Pesticide Regulation, Chemical Inquiries Database.
(e) Pesticides containing carbamate-type chemicals (California Environmental Protection Agency,
Department of Pesticide Regulation, Chemical Inquiries Database).
(f) Any pesticide classified as a human carcinogen, probable human carcinogen or possible human
carcinogen by the United States Environmental Protection Agency, under procedures
Exhibit D
established in "Proposed Guidelines for Carcinogen Risk Assessment," EPA/600/P-92/003C,
April 1996, or equivalent documents.
(g) Any pesticide group officially designated by the California Environmental Protection Agency
Department of Pesticide Regulation or by the United States Environmental Protection Agency
as posing significant hazard to human health or the environment.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-7. - Posting of pesticide use.
(a) Except as provided for in Section B28-5(c) and Section B28-7(b), any department that uses or
authorizes the use of a pesticide shall comply with the following posting procedures:
(1) Signs shall be posted at least three days before application of the pesticide and remain posted
at least four days after application, except for baits and emergency use of pesticides, which are
posted at the time of treatment in accordance with Section B28-5(c)(3) above and Subsection
(b)(3) below;
(2) For buildings and/or landscaped areas adjacent to buildings, signs shall be posted at main
entry points where the pesticide is applied;
(3) For open areas, signs shall be posted in highly visible locations around the perimeter of the
area where the pesticide is applied;
(4) For vehicles used primarily by County staff, signs shall be posted at areas where vehicles are
obtained or posting information shall be given to the primary drivers.
(5) Signs shall contain the:
a. Trade name and active ingredient of the pesticide product;
b. Target pest;
c. Date of posting;
d. Date(s) of anticipated pesticide use; the date(s) of actual pesticide use will be posted at the
main entrance, park office, or designated site;
e. Signal word indicating the toxicity category of the pesticide product;
f. Date for re-entry of staff and the public to the area treated if applicable;
g. Name and contact number for the department responsible for the application.
(6) Signs shall have a standard design that is easily recognizable by the public and workers;
(b) Exemptions to posting.
(1) Departments shall not be required to post signs in accordance with Section B28-7(a) in right-of-
way locations and other areas that the general public does not use for recreational purposes.
a. Each department that uses pesticides in such locations shall provide a public access
telephone number for information about pesticide applications. The public access
telephone number shall be posted in a prominent location at the department's main office
building. Information provided shall include all the items in Subsection (a)(5) above.
(2) Any pesticide granted an emergency exemption by the County IPM Coordinator shall not be
required to be posted prior to treatment. However, all other requirements for posting as set forth
in Section B28-7(a) shall be followed.
(3) Any pesticide bait placed in a container or trap, or applied as a gel or paste in a crack or
crevice shall not be required to post signs prior to treatment. Baits, used indoors, shall be
posted in the vicinity of application. Baits, used outdoors, shall be posted in the main office, park
Exhibit D
office, or a designated site. Signs shall be posted according to the requirements as set forth in
Section B28-7(a).
(4) The County IPM Coordinator may in his or her discretion grant necessary exemptions to the
posting requirements.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-8. - Record keeping and reporting.
(a) Each department that uses pesticides shall keep records of pest management activities, including
information about demonstration sites and exemptions. A copy of this information shall be placed in a
centralized record keeping area in each department. Where feasible, this information shall be kept in
a notebook or electronic equivalent maintained in each occupied building. Each pest management
activity such as pesticide application, trapping or inspection shall be recorded and, when applicable,
include at least the following information:
(1) Target pest and extent of problem;
(2) Product name, active ingredients, EPA registration number, formulation, and quantity of
pesticide used;
(3) Site of the pesticide application;
(4) Date of pesticide application;
(5) Name of person conducting pest management activity;
(6) Application equipment number, if applicable;
(7) Prevention and other non-chemical methods of control recommended or used, and;
(8) Evaluation of effectiveness.
(b) The departmental IPM coordinator shall keep the following:
(1) Records of pesticide use;
(2) A copy of the label of all pesticides used; and,
(3) The material safety data sheet for each pesticide used.
(c) Each department that uses pesticides shall submit a summary of pest management records
required in Section B28-8(a) and (b) to the County IPM Coordinator at least quarterly.
(d) Pest management records, including pesticide use records, are all public records.
(e) Pesticide use records shall be kept indefinitely until an electronic database tracking system has
been established.
(Ord. No. NS-517.70, 5-21-02)
CHAPTER III. - IPM IMPLEMENTATION
Sec. B28-9. - Implementation of County Integrated Pest Management Ordinance.
(a) This division shall be phased-in over one to two years in order to provide adequate time for
developing the approved list, documenting current IPM practices and/or reductions, and identifying
and implementing alternate pest management measures. The County IPM Coordinator shall develop
a timetable and format for departments to each submit a plan for implementing this division.
(b) A technical advisory group (TAG) shall be formed and shall meet at least four times per year to
review the County's IPM program and provide comments to the County Executive. The following
representatives will be invited to participate on the TAG: two from Pesticide Alternatives of Santa
Clara County; one from the Santa Clara Valley Water District; one from the County Agricultural
Exhibit D
Commissioner; one from the Santa Clara County Pollution Prevention Committee; one County
employee representing a labor organization; and one representative from each of the following Santa
Clara County agencies and departments: Roads and Airports, Parks and Recreation, the General
Services Agency, Valley Health and Hospital System, and Occupational Safety and Environmental
Compliance. The Board of Supervisors may at their discretion make changes to the composition of
the group as deemed necessary.
(c) The IPM Coordinator shall provide a quarterly report to one or more Board-designated committees
on the status of the IPM program including information about pest problems, pesticide use, list of
exemptions, goals and progress, staff training and public education, and anticipated changes that
may affect pesticide use.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-10. - County contracts and easements.
(a) Except as provided in (i) below, when a department enters into a new contract (see Section B28-
2(d)) or amends an existing contract to extend the term of the contract for more than six months
beyond the current term and any optional extension periods, the contract shall require compliance
with the provisions of this division including those relating to pesticide restrictions, record keeping,
and reporting.
(1) The County Executive may grant an exemption for up to five years from contract compliance
with all or part of the provisions of this division in the event compliance would negatively impact
County revenues, prevent the highest and best use of an asset as determined by the County
Executive, or where it is demonstrated that full compliance cannot be achieved. Notice of any
exemption granted pursuant to this Subsection (1) shall be given to the applicant and to the IPM
TAG. The notice shall state that any person dissatisfied with the decision of the County
Executive may file an appeal with the Clerk of the Board within 15 calendar days of the date of
the notice. The appeal will first be heard before the County's Housing, Land Use, Environment,
and Transportation Committee, which Committee shall make a recommendation to the Board of
Supervisors. The decision of the Board of Supervisors shall be final.
(b) A contractor, or department on behalf of a contractor, may apply for exemptions authorized under
Section B28-5(b) and (c), and this Section B28-10.
(c) When a department enters into a new lease in which the County is occupying or using property not
owned by the County (and thus not within the definition of contract in Section B28-2(d)), the County
shall use reasonable efforts to negotiate the use of IPM practices as part of that lease.
(d) In current leases in which the County is occupying or using property not owned by the County, the
County shall encourage the use of IPM practices whenever practical.
(e) When the County is granted an easement, the maintenance of the easement shall be in compliance
with this division if consistent with the terms of the easement.
(f) A process, which incorporates a request for qualifications, shall be used in the selection of all
contractors for pest management services and shall be in compliance with County contracting
policies and state law. The County IPM Coordinator and the TAG may participate in the process. All
contractors applying for pest management services shall submit a pest management plan, which
outlines how they will comply with the IPM Ordinance. The plan shall give preference to prevention
and other non-pesticide or least toxic methods of pest control.
(Ord. No. NS-517.70, 5-21-02)
Exhibit D
Sec. B28-11. - Pesticide purchases.
All pesticide products and pest control services that include pesticide applications shall comply with
this division and be purchased through the County Procurement Department, not using the petty cash or
direct pay methods.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-12. - Policy and guidelines.
The County Executive may recommend policy for Board approval and issue guidelines to implement
this division.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-13. - No criminal penalties or sanctions.
The provisions of Section A1-28 of the Santa Clara County Ordinance Code shall not apply to this
division; nor shall any person, or government official, board, commission, or agency be responsible for
any criminal penalties for any violation of the division.
(Ord. No. NS-517.70, 5-21-02)
Sec. B28-14. - No civil liability for violations of this chapter.
This division and the provisions are directory, and are intended to set forth goals and program
elements for management of pests and pesticide use. This chapter is not intended to create a standard of
civil liability for the acts or failure to act of the County and its employees and contractors. No person,
government official, board, commission, or agency shall be liable in any civil action or proceeding for
damages for violation of any of the provisions of this division.
(Ord. No. NS-517.70, 5-21-02)
R-19-19
Meeting 19-03
February 13, 2019
AGENDA ITEM 5
AGENDA ITEM
Alpine Road Trail Memorandum of Understanding with the County of San Mateo, Coal Creek
Open Space Preserve
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into a Memorandum of Understanding with the County
of San Mateo for the repair and future negotiations to transfer ownership and management of the
Alpine Road Trail.
SUMMARY
Alpine Road Trail is an important regional trail connection through Coal Creek Open Space
Preserve for cyclists and hikers traveling from Portola Valley to upper Page Mill Road near
Skyline Boulevard that avoids public roads. The proposed Memorandum of Understanding
(MOU) with the County of San Mateo is a cooperative agreement for the permitting,
construction, and future ownership and management of the Alpine Road Trail. The MOU
supports MAA Portfolio #10 Re-open Alpine Road at Coal Creek for public trail.
BACKGROUND
Alpine Road Trail is an existing dirt road owned by San Mateo County (County) since 1894 that
extends approximately 2.3 miles through Coal Creek Open Space Preserve (Preserve) and adjacent
private lands. Alpine Road Trail lies between the end of paved Alpine Road above Portola Valley
to the north and Page Mill Road near Skyline Boulevard to the south. It provides a valuable
regional trail connection between Portola Valley and Woodside up to Midpeninsula Regional Open
Space District (District) South Skyline preserves and trails (see Attachment 1). The County owns
a Right-of-Way across the entire Alpine Road Trail alignment. The County closed the road to
vehicles at the southern end of Portola Valley in 1979. The District is a partial underlying fee
owner of Alpine Road Trail with easement rights to travel over the County easement even though
the road remains closed to public vehicle use. The District used Alpine Road Trail for patrol,
maintenance, and emergency access until the mid-1990s when a large slide closed the road.
County maintenance of the road ceased at this time.
The lack of ongoing maintenance has significantly degraded the roadbed and drainage features.
Two large failures during the winter of 2016-17 constrained vehicle access and further threatened
ongoing trail access. Repairing these two large failures and improving surface drainage are
essential to prevent further road degradation and sediment delivery to the creek. On March 14,
2018, the District’s Board of Directors approved Option Two (2) for the Upper Alpine Road Trail
Repair Project, which repairs the road failures to a six-foot wide trail standard and constructs a
R-19-19 Page 2
new, six-foot wide trail through the Central Section to replace the “Bypass Trail.” The Board also
directed the General Manager to pursue partnership and funding opportunities for this project with
the County (see report R-18-19).
On October 24, 2018, the Board authorized the General Manager to enter into a multi-year
professional services contract with Waterways Consulting, Inc., of Santa Cruz, California to
complete the design, permitting, bidding, and construction oversight for improvements to the
Alpine Road Trail, for a base contract amount not-to-exceed $232,547 (see report R-18-36). This
work is currently underway.
DISCUSSION
District and County Road Services Division staff have discussed the Upper Alpine Road Trail
Repair Project (Option 2), and the County is interested in entering into an MOU with the District
to support the permitting, construction and future District ownership and management of the
Alpine Road Trail. In addition, staff met with Supervisor Don Horsley to brief him on this
project. Supervisor Horsley is supportive of re-opening the Alpine Road Trail, and indicated he
will seek County Measure K funds in the 2020 fiscal year to help fund this regional trail project.
Alpine Road Trail MOU with County of San Mateo
If approved by the Board, the District would enter into an Alpine Road Trail MOU with the
County of San Mateo under the General Manager’s authority. The General Manager and
General Counsel would be authorized to approve any technical revisions to the MOU, which do
not involve any material change to an y terms of the MOU. The proposed MOU includes the
following key terms:
1. District and County will cooperate on the assessment and design of long-term repairs to
Alpine Road Trail as a public trail.
2. County will apply County grading exemptions, permit waivers and streamline County
required permits for the project, and support the District in obtaining required State
regulatory permits.
3. County will retain ownership of Alpine Road Trail until the long-term repairs and
improvements are complete and approved by regulatory agencies.
4. County will issue District a right-of-entry for District work to improve Alpine Road Trail.
5. Upon completion of Alpine Road Trail work, County will negotiate with the District to
transfer easement or fee interest rights to the District for the Alpine Road Trail, which may
include the entire length of the road from Page Mill Road to the end of paved Alpine Road
above Portola Valley
FISCAL IMPACT
There is no direct fiscal impact for entering into this MOU. The project design plans and
environmental review are budgeted for in the Fiscal Year 2018-19 budget under the MAA10-001
- Alpine Road Regional Trail Improvements project.
R-19-19 Page 3
BOARD COMMITTEE REVIEW
No Committee review has occurred for this project. This item is coming to the full Board given
Board interest in the project.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act, including interested parties and
adjacent landowners.
CEQA COMPLIANCE
Staff will perform appropriate California Environmental Quality Act review of any proposed
project before implementing the repairs.
NEXT STEPS
Upon Board approval, the General Manager will sign the MOU. The San Mateo County Board
of Supervisors will consider approval of the MOU in March/April 2019. The District’s Board
will have an opportunity to review the CEQA findings as part of the final Alpine Road Trail
design approval at a future date. Upon completion of the trail improvements, the proposed
transfer of the County easement and fee ownership of Alpine Road Trail to the District would
come before the full Board at a later date for review and consideration.
Attachments
1. Alpine Road Trail Map
2. Alpine Road Trail Memorandum of Understanding
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Michael Williams, Real Property Manager
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1
ATTACHMENT 2
ALPINE ROAD TRAIL
MEMORANDUM OF UNDERSTANDING
This Alpine Road Trail Memorandum of Understanding (“MOU”) is entered into by and
among the County of San Mateo (“County”), and the Midpeninsula Regional Open Space
District, a public district under the laws of California (“District”), collectively “the Parties,”
dated ______________________ (“Effective Date”).
RECITALS
WHEREAS, the County owns the right-of-way of Alpine Road which travels
approximately 2.3 miles between the Town of Portola Valley to the north and Page Mill Road
near Skyline Boulevard to the south; and
WHEREAS, the northern segment of Alpine Road crosses the District’s Coal Creek Open
Space Preserve (Preserve), and the Preserve borders the central and southern segments of Alpine
Road to the west; and
WHEREAS, Alpine Road serves as a critical regional trail connection between San
Mateo County, Santa Clara valley and the Skyline region of the Santa Cruz Mountains; and
WHEREAS, Alpine Road historically provided important patrol access to District and
emergency egress for the local community; and
WHEREAS, in 1979 public vehicle use of the road was ended, and in the mid-1990s
heavy rains resulted in a landslide which completely eliminated a section of Alpine Road and use
of the road by vehicles, and in 2017 a severe winter storm resulted in a large culvert failure
further jeopardizing the use of Alpine Road as a regional trail connection; and
WHEREAS, the recurrence of slides and erosion poses a threat of excessive sediment
input into Corte Madera Creek, which in turn is released into the San Francisquito Creek
watershed; and
WHEREAS, the District is interested in working with the County to repair Alpine Road
in order to restore it as a regional public trail, and the County supports the District’s effort to
pursue these repairs under the County’s continued ownership of Alpine Road so that the County
can partner with the District to provide the benefits of County permitting support; and
WHEREAS, at such time as the repairs and improvements to Alpine Road are completed
and all required permits are approved, the County intends to negotiate with the District to
transfer easement or fee interest rights to the District, and the District desires to obtain rights to
Alpine Road in order to hold and maintain it for public trail and open space purposes; and
2
WHEREAS, the Parties desire to enter into a cooperative agreement to support the
District’s permitting, construction and future management of Alpine Road as public trail to
improve regional access to the Skyline area of the Santa Cruz Mountains and the nearby
communities in the Counties of San Mateo and Santa Clara.
NOW, THEREFORE, the Parties agree as follows:
1. Alpine Road Trail. The Parties will collaborate and coordinate on assessing existing
conditions on Alpine Road, and designing a long-term repair of Alpine Road as a public
trail, as depicted in the map attached hereto as Exhibit A. County will issue District and
its consultants a right of entry or permit to enter to evaluate, assess and design repairs for
Alpine Road.
2. Permits. The County will work cooperatively with the District in order to process
permits under the County’s control and to support the District in obtaining required
regulatory permits:
A. County Permits. The County will cooperate with District to provide the benefit of
County grading exemptions, permit waivers and other applicable streamlining of
County permitting required for the long-term repair of Alpine Road as a public trail.
B. Regulatory Permits. The District will be responsible for obtaining any required
regulatory permits for the long-term repair work. County will cooperate with and
support District’s efforts to obtain said regulatory permits from the State of
California.
3. County Ownership. Alpine Road will remain in County ownership (easement and fee)
until the long-term repairs are complete and the repairs have been approved or signed off
by the County and any required regulatory agency.
4. Repairs & Funding. The District will assume primary responsibility for the construction
of the long-term repairs. The County will issue District a right of entry for it consultants,
staff and contractors to enter, evaluate and repair and improve Alpine Road subject to
required regulatory permits. The District may request funding support from the County’s
Measure K Funds, and other grant or partner funding sources.
5. Transfer of Alpine Road to District. Upon completion of the long-term repairs of Alpine
Road, the County will negotiate with District to transfer easement and fee interests to
Alpine Road, which may include the entire length of the road from Page Mill Road to the
end of paved Alpine Road above Portola Valley.
6. Future District Interest in Alpine Road. Under District management, Alpine Road is
intended to be used for public recreation pedestrian, bicycle and equestrian trail use, and
use by District for patrol, trail construction, and maintenance purposes.
3
7. Authority to Execute Agreement. Each party covenants that the individual executing this
Agreement on behalf of the party is a person duly authorized and empowered to execute
this Agreement for such party.
8. Indemnity.
District agrees to indemnify, defend and hold harmless County and its and their
respective elected and appointed councils, boards, commissions, officers, agents,
contractors and employees from and against any and all actions, suits, claims, liabilities,
losses, damages, penalties, obligations and expenses (including but not limited to
attorneys’ fees and costs) which may arise, directly or indirectly from the acts or
omissions of District pursuant to this Agreement.
County agrees to indemnify, defend and hold harmless District and its and their
respective elected and appointed councils, boards, commissions, officers, agents,
contractors and employees from and against any and all actions, suits, claims, liabilities,
losses, damages, penalties, obligations and expenses (including but not limited to
attorneys’ fees and costs) which may arise, directly or indirectly from the acts or
omissions of County pursuant to this Agreement.
County and District agree to cooperate in the event of claims or litigation against either
County or District by a third party. In the event liability arises due to the alleged
concurrent negligence of County and District, or any combination thereof, each party
shall contribute costs of any such suits, defense, damages, costs and liability in proportion
to its fault as determined under the principles of comparative negligence.
9. Further Actions and Instruments. Each of the Parties shall cooperate and provide
reasonable assistance to the other Parties to the extent necessary to implement this
Agreement. Upon the request of a party at any time, the other Parties shall promptly
execute, with acknowledgement or affidavit if reasonably required, and file or record
such required instruments and writings and take any actions as may be reasonable
necessary to implement this Agreement.
10. Applicable Law; Venue. This Agreement shall be construed and enforced in accordance
with the internal laws of the State of California. Any action at law or in equity arising
under this Agreement or brought by any party hereto for the purpose of enforcing,
construing or determining the validity of any provision of this Agreement shall be filed
and tried in San Mateo County.
11. Dispute Resolution. Any dispute or claim in law or equity between any or all of the
Parties arising out of this Agreement, if not resolved by informal negotiation between the
Parties, shall be submitted to alternate dispute resolution, with each party bearing its own
4
costs and legal fees. Should litigation result, the court shall determine who bears legal
fees and costs.
12. Notices. Any notice or communication required hereunder between the Parties must be
in writing and may be given either personally, by registered or certified mail, return
receipt requested. If given by registered or certified mail, the same shall be deemed to
have been given and received on the date of actual receipt by the addressee designated
below as the party to whom the notice is sent. A party may at any time, by giving ten
(10) days written notice to the other Party, designate any other address in substitution of
the address to which such notice or communication shall be given. Such notices or
communications shall be given to the Parties at their addresses set forth below:
County: County of San Mateo
400 County Center, Hall of Justice
Redwood City, CA 94063
Attn: County Manager
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
13. Execution of Agreement; Counterparts. This Agreement may be executed by the Parties
in counterparts, each of which when so executed shall be deemed to be an original and all
of which taken together shall constitute one and the same agreement.
5
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
COUNTY OF SAN MATEO: Approved as to Form:
By: By:______________________
,President, Board of Supervisors , County Counsel
Date:__________________________ Date: ________________________
MIDPENINSULA REGIONAL OPEN Approved as to Form:
SPACE DISTRICT
By: By:______________________
Ana M. Ruiz, General Manager Hilary Stevenson, General Counsel
Date:__________________________ Date: ________________________
R-19-21
Meeting 19-03
February 13, 2019
AGENDA ITEM 6
AGENDA ITEM
Fiscal Year 2018-19 Quarter 2 Budget Amendments
GENERAL MANAGER’S RECOMMENDATION(S)
Adopt a resolution approving the proposed Fiscal Year 2018-19 Budget Quarter 2 amendments
(revenues and expenses).
SUMMARY
This report presents the end of Quarter 2 proposed budget amendments by fund, for both
revenues and expenses. The Fiscal Year (FY) 2018-19 revenue is projected to increase by
$333,000.
The proposed expense budget adjustments will result in an overall net decrease of $3,049,801 to
the amended FY2018-19 budget. This net decrease is due to various capital projects experiencing
cost savings, scope changes, or changes in project timelines.
DISCUSSION
The Board of Directors (Board) adopted the FY2018-19 Budget and Action Plan at the June 13,
2018 regular meeting (Report R-18-63). The FY2018-19 adopted budget is $103.4 million.
As of December 31, 2018, the Board had authorized a budget amendment increasing the adopted
budget by $500,000 to cover the unanticipated one-time contribution to Peninsula Open Space
Trust and San Mateo County for improvements and management of Tunitas Creek Beach and the
Cowell-Purisima Trail.
The proposed end of Quarter 2 budget adjustments will result in an overall net decrease of
$3,049,801 to the amended FY2018-19 budget due to cost savings, scope changes, and changes
in project timelines within various capital projects. The newly proposed FY2018-19 amended
budget is $100,848,647.
Proposed FY2018-19 Budget Quarter 2 Amendments – Revenues
Revenue is projected to increase by $333,000 in General Fund Operating (Fund 10), resulting in
an amended projected total revenue of $59,902,733 (refer to Table 1). More specifically:
• An updated General Fund Property Tax estimate has increased projected tax revenue by
$93,000, for a total of $49,017,000.
R-19-21 Page 2
• A generous donation has increased projected miscellaneous revenue by $240,000, for a total
of $405,280.
Table 1: Summary of Projected Revenue (FY2018-19)
Per Board policy 3.04 Budget and Expenditure Authority, the proposed revenue amendment
listed above requires Board approval, the Resolution for which is Attachment 1.
Proposed FY2018-19 Budget Quarter 2 Amendments – Expenses
Attachments 2 and 3 provide supporting detail for the proposed Quarter 2 budget amendments.
Measure AA Capital Budget
The Measure AA (Fund 30) Capital budget is proposed to decrease overall by $1,796,355.
Project budget reductions are mostly due to changes in scope, changes in timing, or project cost
savings. Multiple projects have costs that are rolling-over into next fiscal year and thus will be
included in the proposed FY2019-20 Budget and Action Plan. See Table 2 for project adjustment
amounts, followed by details for each project adjustment.
Table 2: Measure AA Capital Projects – Quarter 2 Adjustments
The Measure AA (Fund 30) Capital budget net decrease is due to the following:
• MAA05-005 La Honda Creek Red Barn Parking Area and Easy Access Trail
The board directed the General Manager to place this project on hold to form a public access
working group and reevaluate project alternatives and public access options for the Red Barn
REVENUE BY FUND
FY2018-19
Adopted
Budget
YTD
Approved
Budget
Amendments
Amended
Budget
(as of
12/31/2018)
Quarter 2
Proposed
Budget
Amendments
FY2018-19
Proposed
Amended
Budget
General Fund Operating
(Fund 10)
$51,048,862 $769,280 $51,818,142 $333,000 $52,151,142
Hawthorn Fund
(Fund 20)
$36,000 $0 $36,000 $0 $36,000
Measure AA Land/Capital
(Fund 30)
$1,042,040 $0 $1,042,040 $0 $1,042,040
General Fund Land/Capital
(Fund 40)
$0 $0 $0 $0 $0
Debt Service Fund
(Fund 50)
$6,673,551 $0 $6,673,551 $0 $6,673,551
TOTAL DISTRICT
REVENUE
$58,800,453 $769,280 $59,569,733 $333,000 $59,902,733
Measure AA Capital Project Adjustments Amount
MAA05-005 La Honda Creek Red Barn Parking Area and Easy Access Trail ($153,000)
MAA05-007 La Honda Creek Upper Recreation Area - Phase II Trail Connections (181,000)
MAA06-002 Hawthorns Public Access Site Plan and CEQA (100,284)
MAA21-003 Bear Creek Redwoods Stables Water System (75,000)
MAA21-005 Bear Creek Redwoods Public Access 652,429
MAA21-006 Bear Creek Redwoods - Alma College Cleanup and Stabilization (1,899,500)
MAA21-010 Bear Creek Redwoods Landfill Characterization and Remediation (40,000)
TOTAL ($1,796,355)
R-19-21 Page 3
site. As directed, the General Manager will bring the formation of a working group to the full
Board for consideration, tentatively scheduled for early April.
• MAA05-007 La Honda Creek Upper Recreation Area - Phase II Trail Connections
Due to the previous project being placed on hold, trail connections to the Red Barn site are
also on hold. Outcomes of the parking evaluation will inform the Phase II trail alignments
that connect to the Red Barn site.
• MAA06-002 Hawthorns Public Access Site Plan and CEQA
Due to the departure of a Planner III, this project is deferred until the position is filled. The
position is expected to be filled by April and ready to begin the project in FY2019-20.
Project funding will be included in the FY2019-20 budget.
• MAA21-003 Bear Creek Redwoods Stables Water System
This project is on hold contingent upon board direction on the final scope for the Bear Creek
Stables site improvements (MAA21-004 Bear Creek Redwoods Stables Site Plan
Implementation). Direction from the board is expected in Spring 2019.
• MAA21-005 Bear Creek Redwoods Public Access
Certain construction activities anticipated for last fiscal year were slightly delayed and
completed this fiscal year. Therefore, an increase in the FY2018-19 budget/appropriation is
needed that carries over the unspent project funds from last fiscal year. The project scope
remains unchanged, and total project costs are within the Board approved base contract
amount (R-18-39). Construction is planned for completion in Spring 2019.
• MAA21-006 Bear Creek Redwoods - Alma College Cleanup and Stabilization
The construction work on this project is partially delayed due to additional time required to
obtain County permits and extra work needed for bat habitat mitigation. Construction may
start late this fiscal year and will continue into next fiscal year.
• MAA21-010 Bear Creek Redwoods Landfill Characterization and Remediation
This project has cost savings due to receiving a bid that was lower than the estimated budget.
Upon further investigation into what was in the landfill, the vendor confirmed that their costs
would remain under the allocated budget.
General Fund Capital Budget
The General Fund (Fund 40) Capital budget for FY2018-19 is proposed to decrease overall by
$1,253,446. Project budget reductions are mostly due to changes in scope, changes in timing, and
project cost savings. Multiple projects have costs that are rolling-over into next fiscal year and
thus will be included in the proposed FY2019-20 Budget and Action Plan. Project reductions for
Quarter 2 are shown below in Table 3, followed by details on each adjustment.
Table 3: General Fund Capital Projects – Quarter 2 Adjustments
General Fund Capital Project Reductions Amount
New South Area Field Office ($375,000)
Agricultural Workforce Housing - La Honda Creek (120,000)
District Wide Fiber Optics (350,000)
Purisima Creek Redwoods Bridge 1 Redecking (56,550)
Vehicles - Maintenance/Patrol (79,896)
Alma College Loop Trail, Bear Creek Redwoods OSP* (17,250)
Briggs Creek Trail, Bear Creek Redwoods OSP* (57,500)
Multi-Use Trail, Bear Creek Redwoods OSP* (116,750)
Public Loop Trail Connecting to Stables Trail, Bear Creek Redwoods OSP* (80,500)
TOTAL ($1,253,446)
R-19-21 Page 4
The General Fund (Fund 40) Capital budget decrease is due to the following:
• New South Area Field Office
Construction is delayed because estimates came in higher than anticipated. Staff is currently
reassessing design plans. Construction work is expected to begin next fiscal year.
• Agricultural Workforce Housing - La Honda Creek
Construction is delayed due to lack of consultant and contractor interest on the project. No
proposals/bids were received. A second request will go out this spring.
• District Wide Fiber Optics
Cost savings resulted from the vendor’s revised plans.
• Purisima Creek Redwoods Bridge 1 Redecking
Construction was delayed due to restrictions about working during the bird nesting season.
Work is rescheduled for September 2019.
• Vehicles - Maintenance/Patrol
There were savings in the final purchase costs of vehicles.
• Bear Creek Redwoods OSP Phase II Trails (four trail projects)*
The issuance of a request for proposals for trail design is delayed by approximately four
months due to a change in the design and permitting approach. In an effort to reduce
potential environmental impacts and associated mitigation costs, the scope of work has
expanded to include additional biological/cultural resource assessments and outside
permitting expertise to guide the trail design. Design and permitting work will occur in
FY2019-20. The Special Projects Crew anticipates initiating minor trail construction and
road improvements that do not require permits in FY2019-20. The overall project schedule
remains on track.
Per Board policy 3.04 Budget and Expenditure Authority, the proposed budget amendments
listed above require Board approval, the Resolution for which is Attachment 1.
Administratively Approved FY2018-19 Budget Amendments
Under the General Manager’s authority, net-zero transfers/budget amendments have been
administratively processed to cover unanticipated changes to services and supplies expenses, and
capital improvement projects. Attachments 2 and 3 provide supporting detail for these
amendments, which are listed in Table 4 below.
R-19-21 Page 5
Table 4: FY2018-19 Administratively Approved Quarter 2 Budget Amendments
FY2018-19 Budget Amendment
Description Project Number
Board
Approved
FY2018-19
Budget
Budget
Amendment
Amended
FY2018-19
Budget
10-20-210-4101 - Full Time (Real Property) None $578,541 ($12,000) $566,541
10-20-210-5004 - Temporary Office Help (Real
Property) None $250 $12,000 $12,250
10-65-615-4101 - Full Time (Visitor Services) None $3,453,855 $45,000 $3,498,855
10-65-615-4111 – Overtime (Visitor Services) None $96,951 ($45,000) $51,951
10-50-510-4101 - Full Time (Administrative
Services) None $2,680,165 ($24,500) $2,655,665
10-50-560-5004 - Temporary Office Help (Human
Resources) None $0 $24,500 $24,500
10-61-631-7101 - Facility Maint - Structures None $41,000 ($7,000) $34,000
10-61-631-7101 - Facility Maint - Structures 31901 - ADA Barrier Removal $0 $7,000 $7,000
10-61-641-7101 - Facility Maint - Structures None $110,000 ($7,000) $103,000
10-61-641-7101 - Facility Maint - Structures 31901 - ADA Barrier Removal $0 $7,000 $7,000
30-30-320-8201 - Architect / Engineering Services
MAA21-006 - Bear Creek
Redwoods - Alma College
Cleanup and Stabilization
$205,000 $65,500 $270,500
30-30-320-8202 - Environmental / Planning
Services
MAA21-006 - Bear Creek
Redwoods - Alma College
Cleanup and Stabilization
$15,000 $35,000 $50,000
30-30-320-8201 - Architect / Engineering Services
MAA05-007 - La Honda Creek
Upper Recreation Area - Phase
II Trail Connections
$80,000 ($79,500) $500
30-30-320-8202 - Environmental / Planning
Services
MAA05-007 - La Honda Creek
Upper Recreation Area - Phase
II Trail Connections
$42,000 ($21,000) $21,000
30-35-325-8201 - Architect / Engineering Services MAA21-005 - Bear Creek
Redwoods Public Access $105,000 $180,000 $285,000
30-35-325-8203 - Special Inspection / Construction
Monitoring
MAA21-005 - Bear Creek
Redwoods Public Access $63,000 $22,428 $85,428
30-35-325-8205 - Construction MAA21-005 - Bear Creek
Redwoods Public Access $2,350,000 $450,001 $2,800,001
30-35-325-8205 - Construction
MAA21-006 - Bear Creek
Redwoods - Alma College
Cleanup and Stabilization
$3,000,000 ($652,429) $2,347,571
10-80-820-5211 - Resource/Environmental (Natural
Resources) None $157,000 $54,000 $211,000
10-80-820-5299 - Other Professional Services
(Natural Resources) None $287,500 $6,000 $293,500
10-80-820-7112 - Facility Maint - Resource
Mgmt/Landscaping None $744,000 ($70,000) $674,000
10-80-820-7202 - Permits & Licenses, Fees None $25,550 $28,000 $53,550
10-80-820-7502 - Special Projects & Programs None $0 $2,000 $2,000
10-80-830-5211 - Resource/Environmental (Natural
Resources)
80034-44 - Endangered Species
Act Programmatic Permitting $100,000 $50,000 $150,000
10-80-850-5211 - Resource/Environmental (Natural
Resources) None $210,000 ($15,000) $195,000
10-80-850-5299 - Other Professional Services
(Natural Resources)
80062 - Water Quality
Monitoring Program $20,000 ($20,000) $0
10-80-850-5211 - Resource/Environmental (Natural
Resources)
80021-10 - Restoration Forestry
Demonstration $85,000 ($30,000) $55,000
10-80-850-7002 - Field Supplies - Consumables 80021-10 - Restoration Forestry
Demonstration $5,000 ($5,000) $0
Administrative Amendment Subtotal $0
R-19-21 Page 6
FISCAL IMPACT
The FY2018-19 proposed Quarter 2 budget amendments result in a $3,049,801 net decrease to
the amended FY2018-19 Budget. Savings were used to fund budget increases for unanticipated
changes in services and supplies, and capital improvement projects. Capital project savings,
scope changes, and timeline delays will result in a net decrease to the FY2018-19 budget. Table
5 summarizes the FY2018-19 adopted budget and proposed Quarter 2 budget amendments by
Fund.
Table 5: Summary of FY2018-19 Budget by Fund
DISTRICT BUDGET
BY
FUNDING SOURCE
FY2018-19
Adopted
Budget
YTD
Approved
Budget
Amendments
Amended
Budget
(as of
12/31/2018)
Quarter 2
Proposed
Budget
Amendments
FY2018-19
Proposed
Amended
Budget
Fund 10 - General Fund
Operating
$33,539,934 $561,925 $34,101,859 $0 $34,101,859
Fund 20 - Hawthorn Fund $121,500 $0 $121,500 $0 $121,500
Fund 30 - MAA
Land/Capital
$14,826,024 $0 $14,826,024 ($1,796,355) $13,029,669
Fund 40 - General Fund
Land/Capital
$39,240,000 ($61,925) $39,178,075 ($1,253,446) $37,924,629
Fund 50 - Debt Service $15,670,990 $0 $15,670,990 $0 $15,670,990
Total $103,398,448 $500,000 $103,898,448 ($3,049,801) $100,848,647
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
Upon Board approval, staff will make the necessary Budget amendments.
Attachments:
1. Resolution Amending the FY2018-19 Budget by Fund
2. FY2018-19 Quarter 2 Budget Amendments by Department & Budget Category
3. FY2018-19 Quarter 2 Budget Amendments Detail by GL Account
Responsible Department Head:
Carmen Narayanan, Budget & Analysis Manager
Prepared by:
Carmen Narayanan, Budget & Analysis Manager
Elissa Martinez, Management Analyst I
Resolutions/2019/19-__FY18-19 Q2 Budget Adjustments 1
RESOLUTION NO. 19-___
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
THE BUDGET FOR FISCAL YEAR 2018-19
WHEREAS, on June 13, 2018 the Board of Directors of the Midpeninsula Regional
Open Space District adopted the Fiscal Year (FY) 2018-19 Budget and Action Plan; and
WHEREAS, on November 14, 2018 the Board of Directors of the Midpeninsula
Regional Open Space District amended the FY 2018-19 Budget; and
WHEREAS, the General Manager recommends amending the FY2018-19 Budget to
reflect budget adjustments in services and supplies and capital improvement projects, resulting in
a net decrease to the FY2018-19 Budget;
NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space
District does resolve as follows:
SECTION ONE. Approve the proposed revenue amendments to the FY2018-19 Budget
for the Midpeninsula Regional Open Space District as follows:
DISTRICT BUDGET BY
FUNDING SOURCE
FY2019
Adopted
Budget
YTD
Approved
Budget
Amendments
Amended
Budget
(as of
12/31/2018)
Quarter 2
Proposed
Budget
Amendments
FY2019
Proposed
Amended
Budget
Fund 10 - General Fund Operating $51,048,862 $769,280 $51,818,142 $333,000 $52,151,142
Fund 20 - Hawthorn Fund $36,000 $0 $36,000 $0 $36,000
Fund 30 - MAA Land/Capital $1,042,040 $0 $1,042,040 $0 $1,042,040
Fund 40 - General Fund Land/Capital $0 $0 $0 $0 $0
Fund 50 - Debt Service $6,673,551 $0 $6,673,551 $0 $6,673,551
Total $58,800,453 $769,280 $59,569,733 $333,000 $59,902,733
SECTION TWO. Approve the recommended budget amendments to the FY2018-19
Budget for the Midpeninsula Regional Open Space District resulting in a net decrease as follows:
DISTRICT BUDGET BY
FUNDING SOURCE
FY2019
Adopted
Budget
YTD
Approved
Budget
Amendments
Amended
Budget
(as of
12/31/2018)
Quarter 2
Proposed
Budget
Amendments
FY2019
Proposed
Amended
Budget
Fund 10 - General Fund Operating $33,539,934 $561,925 $33,601,859 $0 $34,101,859
Fund 20 - Hawthorn Fund $121,500 $0 $121,500 $0 $121,500
Fund 30 - MAA Land/Capital $14,826,024 $0 $14,826,024 ($1,796,355) $13,029,669
Fund 40 - General Fund Land/Capital $39,240,000 ($61,925) $39,178,075 ($1,253,446) $37,924,629
Fund 50 - Debt Service $15,670,990 $0 $15,670,990 $0 $15,670,990
Total $103,398,448 $500,000 $103,898,448 ($3,049,801) $100,848,647
ATTACHMENT 1
SECTION THREE. Monies are hereby appropriated in accordance with said budget by
fund.
SECTION FOUR. Except as herein modified, the FY 2018-19 Budget and Action Plan,
Resolution No. 18-21 as amended, shall remain in full force and effect.
* * * * * * * * * * * * * * * * * * * *
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
FY2019 Adopted
Budget
YTD Approved Budget
Amendments
Amended Budget
(as of 12/31/2018)
Quarter 2 Proposed
Budget Amendments
FY2019 Proposed
Amended Budget
Administrative Services
Salaries and Benefits $4,712,887 $4,712,887 ($24,500) $4,688,387
Services and Supplies $1,791,646 $1,791,646 $24,500 $1,816,146
Total Operating Expenditures $6,504,533 $6,504,533 $0 $6,504,533
General Fund Capital $875,000 $875,000 ($350,000) $525,000
Total Capital Expenditures $875,000 $875,000 ($350,000) $525,000
$7,379,533 $7,379,533 ($350,000) $7,029,533
Engineering & Construction
Salaries and Benefits $1,044,904 $1,044,904 $1,044,904
Less: MAA Reimbursable Staff Costs ($385,362)($385,362)($385,362)
Net Salaries and Benefits $659,542 $659,542 $659,542
Services and Supplies $92,607 $92,607 $92,607
Total Operating Expenditures $752,149 $752,149 $752,149
General Fund Capital $2,164,400 $2,164,400 ($495,000) $1,669,400
Measure AA Capital $8,809,189 $8,809,189 ($1,558,071) $7,251,118
Total Capital Expenditures $10,973,589 $10,973,589 ($2,053,071) $8,920,518
$11,725,738 $11,725,738 ($2,053,071) $9,672,667
General Counsel
Salaries and Benefits $542,055 ($102,500) $439,555 $439,555
Services and Supplies $74,185 $102,500 $176,685 $176,685
Total Operating Expenditures $616,240 $0 $616,240 $616,240
$616,240 $0 $616,240 $616,240
General Manager
Salaries and Benefits $1,578,121 $1,578,121 $1,578,121
Services and Supplies $547,070 $500,000 $1,047,070 $1,047,070
Total Operating Expenditures $2,125,191 $500,000 $2,625,191 $2,625,191
$2,125,191 $500,000 $2,625,191 $2,625,191
Land & Facilities
Salaries and Benefits $6,210,371 $6,210,371 $6,210,371
Less: MAA Reimbursable Staff Costs ($713,042)($713,042)($713,042)
Net Salaries and Benefits $5,497,329 $5,497,329 $5,497,329
Services and Supplies $3,631,700 $56,925 $3,688,625 $3,688,625
Total Operating Expenditures $9,129,029 $56,925 $9,185,954 $9,185,954
Hawthorn Services and Supplies $38,500 $38,500 $38,500
Total Hawthorn Expenditures $38,500 $38,500 $38,500
General Fund Capital $3,223,900 ($56,925)$3,166,975 ($394,446) $2,772,529
Measure AA Capital $1,953,890 $1,953,890 $1,953,890
Total Capital Expenditures $5,177,790 ($56,925) $5,120,865 ($394,446) $4,726,419
$14,345,319 $0 $14,345,319 ($394,446) $13,950,873
Natural Resources
Salaries and Benefits $1,563,174 $1,563,174 $1,563,174
Less: MAA Reimbursable Staff Costs ($78,542)($78,542)($78,542)
Net Salaries and Benefits $1,484,632 $1,484,632 $1,484,632
Services and Supplies $2,417,289 $5,000 $2,422,289 $2,422,289
Total Operating Expenditures $3,901,921 $5,000 $3,906,921 $3,906,921
Hawthorn Capital $5,000 $5,000 $5,000
Total Hawthorn Expenditures $5,000 $5,000 $5,000
General Fund Capital $178,100 ($5,000)$173,100 ($14,000) $159,100
Measure AA Capital $1,361,493 $1,361,493 ($40,000) $1,321,493
Total Capital Expenditures $1,539,593 ($5,000) $1,534,593 ($54,000)$1,480,593
$5,446,514 $0 $5,446,514 ($54,000) $5,392,514
FY 2019 Quarter 2 Budget Amendments by Department & Budget Category (Attachment 2)
DISTRICT BUDGET BY
EXPENDITURE CATEGORY
Total Administrative Services Expenditures
Total General Manager Expenditures
Total Natural Resources Expenditures
Total General Counsel Expenditures
Total Engineering & Construction Expenditures
Total Land & Facilities Expenditures
1/24/20199:57 AM
FY 2019 Quarter 2 Budget Amendments by Department & Budget Category (Attachment 2)
FY2019 Adopted
Budget
YTD Approved Budget
Amendments
Amended Budget
(as of 12/31/2018)
Quarter 2 Proposed
Budget Amendments
FY2019 Proposed
Amended Budget
Planning
Salaries and Benefits $1,485,617 $1,485,617 $1,485,617
Services and Supplies $319,729 $319,729 $319,729
Total Operating Expenditures $1,805,346 $1,805,346 $1,805,346
Hawthorn Capital $78,000 $78,000 $78,000
Total Hawthorn Expenditures $78,000 $78,000 $78,000
General Fund Capital $336,500 $336,500 $336,500
Measure AA Capital $2,503,452 $2,503,452 ($198,284) $2,305,168
Total Capital Expenditures $2,839,952 $2,839,952 ($198,284) $2,641,668
$4,723,298 $4,723,298 ($198,284) $4,525,014
Public Affairs
Salaries and Benefits $991,697 $991,697 $991,697
Services and Supplies $913,313 $913,313 $913,313
Total Operating Expenditures $1,905,010 $1,905,010 $1,905,010
$1,905,010 $1,905,010 $1,905,010
Real Property
Salaries and Benefits $774,287 $774,287 ($12,000) $762,287
Services and Supplies $154,967 $154,967 $12,000 $166,967
Total Operating Expenditures $929,254 $929,254 $0 $929,254
General Fund Land and Associated Costs $32,462,100 $32,462,100 $32,462,100
Measure AA Land and Associated Costs $198,000 $198,000 $198,000
Total Land and Associated Costs $32,660,100 $32,660,100 $32,660,100
$33,589,354 $33,589,354 $0 $33,589,354
Visitor Services
Salaries and Benefits $5,204,142 $5,204,142 $5,204,142
Services and Supplies $667,119 $667,119 $667,119
Total Operating Expenditures $5,871,261 $5,871,261 $5,871,261
$5,871,261 $5,871,261 $5,871,261
Debt Service
Debt Service $15,670,990 $15,670,990 $15,670,990
Total Debt Service Expenditures $15,670,990 $15,670,990 $15,670,990
$15,670,990 $15,670,990 $15,670,990
$103,398,448 $500,000 $103,898,448 ($3,049,801) $100,848,647
Total Planning Expenditures
Total Public Affairs Expenditures
Total Debt Service Expenditures
DISTRICT BUDGET BY
EXPENDITURE CATEGORY
Total District Budget
Total Real Property Expenditures
Total Visitor Services Expenditures
1/24/20199:57 AM
Budget Categories / Accounts
Adopted Budget
as of Dec 31
Quarter 2 Proposed
Budget Amendment
Quarter 2 Proposed
Amended Budget
10‐20‐210‐4101 ‐ Full Time $578,541 ($12,000) $566,541
10‐50‐510‐4101 ‐ Full Time $2,680,165 ($24,500) $2,655,665
10‐65‐615‐4101 ‐ Full Time $3,453,855 $45,000 $3,498,855
10‐65‐615‐4111 ‐ Overtime $96,951 ($45,000) $51,951
General Fund (10) Salaries & Benefits ($36,500)
10‐20‐210‐5004 ‐ Temporary Office Help $250 $12,000 $12,250
10‐50‐560‐5004 ‐ Temporary Office Help $0 $24,500 $24,500
10‐80‐820‐5211 ‐ Resource/Environmental $157,000 $54,000 $211,000
10‐80‐820‐5299 ‐ Other Professional Services $287,500 $6,000 $293,500
10‐80‐820‐7112 ‐ Facility Maint ‐ Resource Mgmt/Landscaping $744,000 ($70,000) $674,000
10‐80‐820‐7202 ‐ Permits & Licenses, Fees $25,550 $28,000 $53,550
10‐80‐820‐7502 ‐ Special Projects & Programs $0 $2,000 $2,000
10‐80‐830‐5211 ‐ Resource/Environmental $525,750 $50,000 $575,750
10‐80‐850‐5211 ‐ Resource/Environmental $210,000 ($45,000) $165,000
10‐80‐850‐5299 ‐ Other Professional Services $262,000 ($20,000) $242,000
10‐80‐850‐7002 ‐ Field Supplies ‐ Consumables $0 ($5,000) ($5,000)
General Fund (10) Services & Supplies $36,500
30‐30‐320‐8201 ‐ Architect / Engineering Services $955,600 ($91,500) $864,100
30‐30‐320‐8202 ‐ Environmental / Planning Services $383,000 ($64,784) $318,216
30‐30‐320‐8204 ‐ Permitting Fees $102,000 ($42,000) $60,000
30‐35‐325‐8201 ‐ Architect / Engineering Services $675,000 $150,000 $825,000
30‐35‐325‐8203 ‐ Special Inspection / Construction Monitoring $446,800 $4,428 $451,228
30‐35‐325‐8205 ‐ Construction $7,002,227 ($1,712,499) $5,289,728
30‐80‐850‐8202 ‐ Environmental / Planning Services $269,000 ($40,000) $229,000
MAA (30) Capital/Fixed Assets ($1,796,355)
40‐35‐325‐8205 ‐ Construction $826,000 ($495,000) $331,000
40‐50‐550‐8304 ‐ Communications/Network Infrastructure $875,000 ($350,000) $525,000
40‐61‐631‐8201 ‐ Architect / Engineering Services $253,000 ($203,000) $50,000
40‐61‐631‐8202 ‐ Environmental / Planning Services $17,250 ($17,250) $0
40‐61‐631‐8204 ‐ Permitting Fees $51,750 ($51,750) $0
40‐61‐641‐8203 ‐ Special Inspection / Construction Monitoring $19,550 ($16,550) $3,000
40‐61‐641‐8205 ‐ Construction $155,250 ($26,000) $129,250
40‐61‐671‐8501 ‐ Vehicles $592,500 ($79,896) $512,604
40‐80‐820‐8203 ‐ Special Inspection / Construction Monitoring $9,000 ($9,000) $0
40‐80‐820‐8205 ‐ Construction $17,500 ($5,000) $12,500
General Fund (40) Capital/Fixed Assets ($1,253,446)
Total Budget Amendments ‐ Increase / (Decrease) ($3,049,801)
FY 2019 Quarter 2 Budget Amendments by GL Account (Attachment 3)
R-19-20
Meeting No. 19-03
February 13, 2019
AGENDA ITEM 7
AGENDA ITEM
2019 Special Park Districts Forum
GENERAL MANAGER’S RECOMMENDATIONS
Receive an update and provide comments on the 2019 Special Park Districts Forum. No Board
action required.
SUMMARY
In May, the Midpeninsula Regional Open Space District is co-hosting the Special Park Districts
Forum (SPDF), in partnership with the East Bay Regional Park District (EBRPD). A yearly
gathering of staff and elected officials from agencies across the country, the SPDF allows
attendees the opportunity to learn and share stories and best practices during a series of tours of
host properties and venues. Host agencies provide presentations about their experiences in
planning, restoration, public access, operations, and partnership collaboration.
This year, the SPDF takes place May 5 – 9, 2019 at the Marriott Hotel in Walnut Creek. EBRPD
staff is handling overall event management, including event registration, hospitality and
transportation. Midpen staff will provide support for some daily operations during the event.
Registration opened in mid-January, and approximately 200 guests are anticipated to attend.
On Tuesday, May 7, Midpen will host participants on a tour of the District’s most recent public
access projects: Mount Umunhum and Bear Creek Redwoods Open Space Preserve.
Midpen staff is managing all programming and logistics for the tour on this day.
BACKGROUND
Midpen has previously collaborated with EBRPD to co-host the SPDF in 2006 and 1998. In
2006, Midpen hosted a tour of Mills Creek and La Honda Creek Open Space Preserves,
Pomponio State Beach, and Cowell Ranch State Beach.
SPDF ITINERARY AND REGISTRATION
The SPDF includes 3.5 days of hosted tours and meals in EBRPD Parks and Midpen Preserves.
All daily tours will begin in Walnut Creek. The itinerary is as follows:
R-19-20 Page 2
DATE HOST TOUR
Sunday, May 5 EBRPD and Midpen Welcome and Evening Reception at
Walnut Creek Marriott
Monday, May 6 EBRPD • Concord Hills Regional Park
• Black Diamond Mines Regional
Preserve
• Big Break Regional Park
Tuesday, May 7 Midpen • Mount Umunhum
• Bear Creek Redwoods
Wednesday, May 8 EBRPD • Point Pinole Regional Shoreline
• Miller/Knox Regional Shoreline
• McLaughlin Eastshore State Park
Thursday, May 9 EBRPD • Dumbarton Quarry
• Ardenwood Historic Farm
The tentative expanded schedule for the Midpen tour on Tuesday, May 7 is:
• Breakfast at hotel – presentation by Midpen staff
• EBRPD Charter Bus from Walnut Creek Marriott to San Jose
• Transfer to small shuttle buses provided by Midpen
• Mount Umunhum
o Docent-led tour of Summit
o Lunch
o Presentations by Midpen staff
• Bear Creek Redwoods Open Space Preserve
o Presentations by Midpen staff
o Hiking opportunities in preserve
• No-host dinner in Downtown Los Gatos
• EBRPD Charter bus transportation back to Walnut Creek Marriott
REGISTRATION
Board members interested in attending the SPDF should register directly online at
www.spdf2019.com. Registration is an easy process that includes the choice of participating for
all days or individual days only.
FISCAL IMPACT
There are sufficient funds in the Public Affairs department budget to cover the cost of the event.
The expenditures are not eligible for Measure AA reimbursement.
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
R-19-20 Page 3
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Along with confirming logistics, the project team has begun working with multiple departments
to develop presentation themes that highlight the uniqueness of Midpen Preserves. Theme ideas
include the variety of historical land uses and the challenges faced in opening for public access,
conservation partnerships, biodiversity in Midpen Preserves and the Bay Area, and fault line
proximity and shaping of the landscape.
Responsible Department Head:
Korrine Skinner, Public Affairs Manager
Prepared by:
Cydney Bieber, Public Affairs Specialist II
Rev. 1/3/18
R-19-16
Meeting 19-03
February 13, 2019
AGENDA ITEM 8
AGENDA ITEM
Informational Update on the Development of the Prescribed Fire Program
GENERAL MANAGER’S RECOMMENDATION
No action required.
SUMMARY
District staff from multiple departments have been developing a Prescribed Fire Program in
consultation with consultants and CalFire. The development of a prescribed fire program is
proceeding as scheduled. However, given the timing and the existing lineup of consultants under
contract, there exists an opportunity for increasing the project scope to not only develop a
Prescribed Fire Program, but also more fully address the Board’s recently-approved Fiscal Year
(FY) 2019-20 Strategic Plan Objectives. More specifically, the opportunity exists to address the
strategic objective of working with fire agencies and surrounding communities to strengthen the
prevention of, preparation for, and response to wildland fires. This informational presentation
provides an update on the work completed to date on the Prescribed Fire Program and the
opportunity for expanding the current project scope.
DISCUSSION
Prescribed Fire Program Development
In FY2017-18, staff formed an interdisciplinary team from the Natural Resources, Planning,
Land and Facilities, Visitor Services, Information Systems and Technology, and Public Affairs
Departments to create a framework for the new Prescribed Fire Program that includes the
following objectives:
• Public safety and education: Provide opportunities to educate, facilitate discussions, and
receive input from stakeholders and members of the public about wildfire.
Public Affairs is working cooperatively with Natural Resources staff and project
consultants to include the prescribed fire program in the District’s larger fire outreach
efforts to proactively inform and engage District audiences, build trust and support, and
promote fire prevention and preparedness actions.
• Natural resources response to fire: Lead and promote large-scale vegetation management
to protect and restore the natural environment.
Many ecosystems and plant communities on District lands are fire dependent or fire
adapted. Fire is an inevitable and natural component of maintaining healthy ecosystems.
R-19-16 Page 2
In some natural landscapes, land managers can use fire to control invasive species,
thereby increasing both biodiversity and climate change resiliency.
• Wildfire response training: Utilize prescribed fires to train staff on how to respond safely
to a future wildfire event and as a means to enhance interagency coordination.
Minimum requirements to be a wildland firefighter include an initial 32-hour classroom
and field based instruction along with an 8-hour annual refresher. Providing real world
experience is invaluable for not only learning on-the-ground firefighting techniques, but
also learning how to fight fire safely under a relatively controlled environment. In
addition, during a wildfire event, multiple agencies work together under a Unified
Command; prescribed fires provide practice under the same command structure.
• Cultural resource enhancement: Provide opportunities for Native American tribes to
participate in the planning and implementation of cultural burns.
Native American tribes on the California central coast burned grasslands to increase grass
and forb production, decrease pests in oak woodlands, and increase browsing for game
species. The use of fire is a significant component of their cultural systems, practices,
and heritage.
• Agricultural use of land resources, including grazing lands: Utilize prescribed fire to
increase forage and biodiversity within rangelands.
Ranchers depend on grasses and forbs to feed their livestock, and grassland areas are a
high priority area for prescribed fire. In the short-term, fire reduces the carrying capacity
for livestock, but in the long-term, fire can increase forage production and diversity,
resulting in potential increased livestock carrying capacity. Prescribed fire helps support
healthier, diverse rangelands to support long-term, local, sustainable agriculture and
improve native species within these ecosystems.
On June 27, 2018, the Board of Directors (Board) authorized a contract with Spatial Informatics
Group, Inc., (SIG) (R-18-72), to provide expert advice and best management practices on fire
ecology. Specifically, SIG is completing four tasks:
• Meet on a regular bases with the District‘s internal interdisciplinary team to inform
Program Development;
• Review existing Resource Management policies and goals as they relate to fire activity;
• Develop the California Environmental Quality Act (CEQA) Project Description; and
• Respond to public comments on the draft Environmental Impact Report (EIR).
On September 24 and 25, 2018, staff and SIG performed District-wide site visits to a subset of
Preserves where the Program may be implemented, including areas of Bear Creek Redwoods,
Los Trancos, Russian Ridge, Sierra Azul, and Windy Hill Open Space Preserves.
To comply with CEQA requirements, the District has separately contracted with Panorama
Environmental, Inc. (Panorama) (R-18-120). Panorama’s role is to analyze the Prescribed Fire
Program and address CEQA requirements based on the project description developed by SIG.
Panorama has begun this work early in the project to inform the Project Description and
minimize potential environmental conflicts and challenges.
R-19-16 Page 3
Development of the CEQA Project Description is ongoing; stakeholder meetings held at the end
of November 2018 with entities such as CalFire and the Amah Mutsun Tribal Band are
informing the Project Description. Staff are also planning three public meetings in the spring of
2019 to engage a wider audience in information sharing and discussion, to increase awareness of
the Program goals, objectives, and public benefits, and to receive public input on the Project
Description.
Recently, CalFire raised the difficulty in obtaining air quality permits from the Bay Area Air
Quality Management District (BAAQMD) to conduct prescribed burns in San Mateo and Santa
Clara Counties due to the implementation of 2013 air quality rules. Recent catastrophic wildfires
across the state have added increased urgency for implementing prescribed burn programs
statewide. After consultation with the District’s legislative consultant, Public Policy Associates,
staff identified an engagement strategy with BAAQMD staff and their Board of Directors, which
will take place throughout Quarter 3 and Quarter 4 of FY2018-19. BAAQMD permits will be
required after the Board adopts the EIR and staff implement the Project. Early engagement with
BAAQMD will allow time to resolve this issue.
Potential Change in Project Scope
At the December 12, 2018 Board retreat, the Board approved a new strategic objective to work
with fire agencies and surrounding communities to strengthen the prevention of, preparation for,
and response to wildland fires. The District’s IPM Program and related EIR, under which fuels
management work is permitted, currently limits specific fuel management activities on District
lands (e.g. acres of brush removal and new fuel breaks).
To allow for greater land management flexibility that more effectively responds to the Board
direction, staff is evaluating the possibility of leveraging current efforts underway related to the
development of the Prescribed Fire Program. Increasing the scope of work and corresponding
scope of services of the two consultants under contract, SIG and Panorama, may allow the
District to develop a more robust, strategic, and comprehensive fire management plan. Staff
recently sent a new potential scope of services to the consultants to determine budget and
timeline ramifications. More specifically, the potential added scope includes the following
elements that are akin to the National Park Service’s fire program:
• Fuels Management (non-fire)
Over the last few months, multiple fire agencies have requested that the District increase its
number and scale of its fuel management projects. Currently, all fuel management
activities fall under the IPM Program’s CEQA, which sets a limits on the total number of
acres managed per year and restricts the creation of new major fuel breaks. Working in
conjunction with partner fire agencies, the CEQA Project Description would address the
requested fuels management projects beyond what the District is currently doing and
allowed to take on per the IPM Program.
• Wildland Fuels Monitoring
The Consultant would include a fuels monitoring plan in the CEQA Project Description
that establishes baseline conditions for post project analysis (including pre-project
vegetation, soil, erosion, and water quality). The fuels monitoring plan would outline a
process to assess the achievement of project objectives in reducing fuel loads and identify
outcomes in a manner consistent with other land management agencies to allow for
comparable analysis.
R-19-16 Page 4
• Wildland Fire Response Plans
The consultant would prioritize and prepare wildland fire response plans for individual
Preserve or groups of Preserves (when it makes tactical/logistical sense) that identify
appropriate fire suppression activities for District lands in the event of a wildland fire. This
effort would provide much needed capacity to expedite the work begun by Visitor Services.
FISCAL IMPACT
There is no immediate fiscal impact for the informational update to the developing Prescribed
Fire Program.
BOARD COMMITTEE REVIEW
Staff will be bringing related items to the Planning and Natural Resources Committee for review
and guidance.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Public notice was also sent to 125
interested parties and tenants by US mail and/or electronic mail.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act. Once SIG has
drafted the CEQA Project Description described above, the District will begin drafting the
Environmental Impact Report for CEQA compliance.
NEXT STEPS
If the timeline and costs proposed by the consultants for expanding the scope of work are
acceptable, the General Manager will return to the Board for authorization to amend the contract
agreements to increase the project scope. At such time, the District would rename the Prescribed
Fire Program as the Wildland Fire Program, and an updated timeline would be prepared and
provided to the Board.
As a reminder, the original Prescribed Fire Program timeline is provided below and includes
multiple public, Planning and Natural Resources Committee, and full Board meetings. An
increase in scope would hasten the development of fire response plans and fuels management
plans but would likely delay the implementation of a prescribed fire program by as much as one
year.
R-19-16 Page 5
Table 1: Original Prescribed Fire Program Timeline 1
Meeting Type Description Expected Date
Community
Informational
Meetings
Engage the Community at 3 different locations
within the District’s Boundary
Q3 of FY2018-19
Planning and Natural
Resources Committee
Review initial CEQA Project Description Q3 of FY2018-19
Planning and Natural
Resources Committee
Review refined CEQA Project Description Q4 of FY2018-19
Planning and Natural
Resources Committee
Review final refined CEQA Project Description Q1 of FY2019-20
Full Board CEQA Project Description Approval Q2 of FY2019-20
Full Board Draft EIR and Receipt of Public Comment Q2 of FY2020-21
Full Board Certification of first phase of Final EIR (FEIR) Q2 of FY2021-22
Full Board Certification of all component of FEIR Q3 of FY2021-22
Responsible Department Head:
Kirk Lenington, Natural Resources
Prepared by:
Coty Sifuentes-Winter, Senior Resource Management Specialist, Natural Resources
1 As described above, the current timeline does not take in to account the possible scope increase and is subject to
change.
DATE: February 13, 2019
MEMO TO: MROSD Board of Directors
THROUGH: Ana Ruiz, AICP, General Manager
FROM: Jordan McDaniel, Public Affairs Administrative Assistant
SUBJECT: Customer Relationship Management System and General Information Emails
_____________________________________________________________________________
CUSTOMER RELATIONSHIP MANAGEMENT SYSTEM DEVELOPMENT
The General Information email address (info@openspace.org) is a tool used by the public to
submit requests, inquiries, compliments, or complaints to the District. This email account also
captures messages received via an online contact form on the District website. The General
Information email is monitored and managed by Public Affairs staff.
Implementation Guideline 12 of the District’s Good Neighbor Policy states: “Throughout the
year, the District will also gather information and suggestions that neighbors provide to staff in
person or send in via the Web site, e-mail or regular mail.” Until recently, Midpen lacked a
central repository for collecting and organizing public requests, inquiries, compliments or
complaints received through the General Information email. This has led to incomplete annual
reports due to difficulties in compiling reference materials. In addition, the prior system lacked
the ability to provide pre-established standard messaging to ensure that each message receives an
acknowledgement of receipt, as well as a way to track custom responses prepared by District
departments.
In June 2017, staff researched off-the-shelf software solutions for a customer relationship
management (CRM) system, ultimately deciding to build a custom database that would integrate
into the District’s existing SharePoint system.
CRM Project Timeline
July 2017 Identified CRM system criteria and functional components
August 2017 Began IST development of SharePoint solution
October 2017 – May 2018 Tested system and made modifications
April 2018 Presented to Management Team for approval
May 2018 Trained staff
June 2018 Launched system
Current Status
The first phase of assigning and tracking emails that require department/staff input is now live.
The next iteration will capture the more general inquiries answered by Public Affairs and provide
enhancements for tracking inquiries sent to other departments for input. Those inquiries are
currently manually tracked on a separate spreadsheet, then integrated at the end of the year in a
final report. This next phase is scheduled to begin prior to June 2019, when the rollout of a work
order asset management system will be implemented to capture and manage service-related
requests. During this evaluation period, we will work to determine feature enhancements for all
other, non-service-related requests or general inquiries. The District may look at another third
party solution if the SharePoint platform is unable to provide the desired functionality.
GENERAL INFORMATION EMAILS - RECAP
General Information emails primarily contain questions, comments and requests from the public
on a variety of topics. Notably, most emails relate to dog access, trail maintenance, permits,
newsletters, wildlife, drones, waste management, and citations.
In 2018, staff received 695 General Information emails. Roughly a quarter (23%) of these emails
required an in-depth or project-specific response and were forwarded to other departments for
input. Public Affairs staff handled the rest.
Staff responded to 93% of General Information emails within two business days, exceeding the
performance metric (90%) outlined in the Budget and Action Plan FY2018-19. On average,
Midpen staff responded to General Information emails in 1.2 days, including weekends and
holidays. Anecdotally, senders often express appreciation for our timely and thorough responses.
2018 General Information Email Metrics
Assigned Department Emails Received Percentage Average Response Time (Days)
Public Affairs 534 77% 1.2
All Other Departments 161 23% 1.5
COMBINED 695 100% 1.2
NEXT STEPS
In 2019, staff will evaluate the CRM system as currently designed to determine whether the
system meets our needs or requires additional modification.
Responsible Department Head:
Kori Skinner, Public Affairs Manager
Prepared by:
Jordan McDaniel, Public Affairs Administrative Assistant
DATE: January 24, 2019
MEMO TO: Board of Directors
THROUGH: Ana Ruiz, General Manager
FROM: Julie Andersen, Senior Resource Management Specialist
Meredith Manning, Senior Planner
SUBJECT: Highway 17 Wildlife and Regional Trail Crossings Final Revised
Alternatives Report, Summary of Public Comments, and Next Steps
_____________________________________________________________________________
BACKGROUND
The Highway 17 Wildlife and Regional Trails Projects: MAA 20-1 (Wildlife Crossing) and
MAA 20-2 (Regional Trail Crossing) were among the highest ranked priority actions during the
Vison Plan Process in 2014. A total of $14 million in Measure AA funds is allocated to the two
projects.
DISCUSSION
In 2016, the Midpeninsula Regional Open Space District (District) began a Feasibility Study to
evaluate multiple locations along Highway 17 to construct dedicated wildlife and regional trail
crossings within the project study area (see Attachment 1). Over the past three years, the project
team identified eight project alternatives, conducted two public meetings, held numerous
stakeholder and partner agency meetings, and entered into a Cooperative Agreement with
Caltrans for the first phase of the project. On June 27, 2017 (R-18-66), the Board of Directors
approved advancing all eight alternatives to Caltrans for review. At this time, the Highway 17
Wildlife and Regional Trail Crossings Revised Alternative Report, and a Summary of Project
Comments received and responses to those comments has been finalized. District staff have sent
notifications on the availability of these documents for review to the public and stakeholder
agencies. These documents are available online at the project website:
www.openspace.org/Hwy17
NEXT STEPS
• January 2019: Final Revised Alternatives Report (RAR)
• February 2019: Meeting with Caltrans to discuss Caltrans Project Study Report and
Project Development Support (PSR-PDS) (currently underway). The PSR-PDS will build
upon information contained in the RAR.
• Spring 2019: Initiate Cooperative Agreement with Caltrans for next phase of the Caltrans
process: Project Approval and Environmental Document (PAED).
• Summer 2019: Present Final PSR-PDS to the Planning and Natural Resources Committee
and full Board for review and authorization. The Board will determine which Project
Alternatives to advance to the next phase (PAED) based on information provided by
Caltrans during the current PSR-PDS phase.
• FY2019-20: Begin PAED concurrently with California Environmental Quality Act
(CEQA) and National Environmental Policy Act (NEPA) environmental review. Identify
preferred project alternative(s).
###
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DATE: February 13, 2019
MEMO TO: MROSD Board of Directors
THROUGH: Ana M. Ruiz, General Manager
FROM: Joshua Hugg, Governmental Affairs Specialist
SUBJECT: District Permit Exemption Legislation Update
_____________________________________________________________________________
DISCUSSION
At the January 23, 2019 Board meeting, staff presented an aggressive timeline of next steps to
enable the District to pursue specified local and county permit exemption legislation. The
aggressive timeline was brought forward to take advantage of the beginning of the new two-year
legislative session, with a target of meeting the February 22 spot bill introduction deadline, and
March 25 draft legislation deadline:
• 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.
At the January 23 meeting, the Board approved the District’s initial pursuit of the legislation with
an understanding that additional information and check-ins would be provided per the next steps
timeline to confirm Board support for a proposed bill. Consistent with Board direction, staff
began to conduct additional, broader outreach to local legislators, elected officials, and agency
staff. Based on these discussions, it has become clear that additional time is needed to
communicate existing permitting hurdles, the low-impact and beneficial nature of District work,
and the concerns and potential common interests that may exist with local permitting agencies.
The additional time will allow the District to continue holding discussions with local
jurisdictions and state legislators to help further refine the potential scope of the legislative bill
and gain local support and a measurable level of permit streamlining. The schedule is therefore
expanded, with this year focused on outreach, education, and scope refinements for the potential
introduction of a legislative proposal in 2020.
The benefits of this new schedule are as follows:
• Time to fully vet idea with stakeholders and partners
• Time to refine messaging for clear and effective communication
• Time to work closely with a bill author
• Additional time to respond to Board questions and further educate Board members on
permitting processes and project delivery issues
• Opportunity to resource load additional staff capacity for the effort
This effort so far has provided a great venue to speak to local elected officials and agencies about
the challenges of current permitting processes. These conversations may spark other alternate
permit streamlining opportunities that may be worth pursuing with a comparable end goal in
mind. Similarly, discussions at the state level may spark new conversations for state-level permit
streamlining/exemption efforts that are also beneficial to the District.
NEW SCHEDULE AND NEXT STEPS
The new schedule and next steps is as follows:
• February – June 2019:
o Educate Board regarding District project permitting processes, project standards,
and public outreach
o Refine the proposed scope of the streamlining/exemption legislative proposal
o Continue engaging with stakeholders and potential partners; work through any
identified concerns
• July – September 2019:
o Develop permit streamlining/exemption options
o Bring options to the full Board for consideration
• October- December 2019
o If applicable and supported by the Board, approach potential bill authors
o If applicable, pursue other local streamlining alternatives (i.e., San Mateo County
grading ordinance revision)
From:Jennifer Woodworth
Bcc:BOARD; Susanna Chan; Stefan Jaskulak
Subject:Responses to Board Questions Re: 2/13/19 Agenda Items
Date:Wednesday, February 13, 2019 3:53:00 PM
Attachments:Letter - Deep Cliff Fisheries.pdf
Good afternoon,
Below in blue please find the responses to Board questions regarding tonight’s agenda items. Please
let me know if you have any questions. Thank you.
Director Riffle
On page 6 of the 1/23/19 minutes, I believe the vote for item 4 was 5-1-0 with my vote the
only nay vote.
The minutes have been corrected to accurately reflect the vote.
Can you please have someone provide more explanation for 79688 (Deep Cliff Fisheries)?
Attached please find a letter providing additional information regarding Deep Cliff Fisheries.
Can someone explain the commission split structure for 79682 and 79684? I am wondering
how this was determined and why it involved 2 firms.
JP Research leases 2,299 square feet at 5050 El Camino Real (suite 204) and their current
lease ends on May 1, 2019. JP Research is represented by a broker at Colliers International
and the building owner is represented by a Cushman and Wakefield broker. Through their
broker, JP Research requested a lease extension through June 2021. After conversations
with Jay and Stefan we agreed that we would not extend any leases beyond September 30,
2020.
JP Research is willing to limit their lease extension to September 30, 2020 and below are the
other pertinent terms that I have negotiated through the current building owner.
Term: Lease Rate: Monthly Rent:
Annual Rent:
May 1, 2019-April 30, 2020 $4.57 psf
$10,506 $126,077
May 1, 2020-September 30, 2020 $4.71 psf
$10,828 $54,140
Total: $180,217
Tenant Improvements: None, As-is
Base Year Expenses: Reset to 2019
Under this scenario, we would need to compensate the brokers a total of $10,813 in lease
commissions (6% of contract rent). The Board approved us paying leasing commissions up to
$50,000 before we close escrow (1/22/19) in Closed Session on August 8, 2018.
Jennifer Woodworth, MMC
District Clerk/ Assistant to the General Manager
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485
E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if
any) may be subject to the California Public Records Act, and as such may therefore be subject to
public disclosure unless otherwise exempt under the Act.