HomeMy Public PortalAbout20171213 - Agenda Packet - Board of Directors (BOD) - 17-31
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, December 13, 2017
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
ROLL CALL
1. Proposed Quitclaim of a Cultural Conservation Easement to the Amah Mutsun Tribal Band
over the Mount Umunhum property (Santa Clara County Assessor’s Parcel Number 562-08-
003) at Sierra Azul Open Space Preserve, related Memorandum of Agreement, and
amendment of the property’s Use and Management Plan (R-17-131)
Staff Contact: Michael C. Williams, Real Property Manager and Elish Ryan, Real Property Planner
III
General Manager’s Recommendation:
1. Determine that the activities authorized under the recommended actions have previously been
evaluated in the Mount Umunhum Environmental Restoration and Public Access Project Final
Environmental Impact Report and have been mitigated to less than significant by the Mitigation
Measures adopted as part of the Project, and that there will be no new significant environmental
effects or substantial increase in the severity of previously identified significant effects.
2. Determine that the Quitclaim of a Cultural Conservation Easement, and amendment to the Use
and Management Plan are categorically exempt under the California Environmental Quality Act
(CEQA), as set out in the staff report.
3. Adopt a Resolution authorizing the Quitclaim of a Cultural Conservation Easement to the Amah
Mutsun Tribal Band.
4. Adopt a Resolution authorizing the General Manager to enter into a Memorandum of Agreement
with the Amah Mutsun Tribal Band for implementation of authorized activities included in the
Cultural Conservation Easement.
5. Adopt the Amended Use and Management Plan, as set out in the staff report.
ADJOURNMENT
Meeting 17-31
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 December 6, 2017 Minutes
2. Claims Report
3. Annual Dedication Report of Certain District Lands (R-17-138)
Staff Contact: Elish Ryan, Real Property Planner III and Lupe Hernandez, Administrative Assistant
General Manager’s Recommendation: Accept the annual report on the status of dedicated interests
in District lands held for public open space purposes.
4. Proposed Purchase of the Lobitos Creek Conservation and Public Trail Easement from the
Chamberlain/Lundell Trust as an addition to the Purisima Creek Redwoods Open Space
Preserve, located at the end of Lucy Lane in unincorporated San Mateo County (Portion of
Assessor’s Parcel Number 066-320-160) (R-17-136)
Staff Contact: Michael Williams, Real Property Manager, Elish Ryan, Real Property Planner III,
Alicia Halpern, Planner I
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Lobitos Creek Conservation and Public
Trail Easement at a cost of $150,000, with a corresponding authorization for a Fiscal Year
2017-2018 budget increase of the same amount.
3. Adopt a Preliminary Use and Management Plan for the property as contained in the staff report.
4. Indicate the intention to withhold dedication of the Lobitos Creek Conservation and Public
Trail Easement as public open space at this time.
5. Contract Renewals for Printing and Mailing Services (R-17-140)
Staff Contact: Peggy Gibbons, Public Affairs Specialist II
General Manager’s Recommendation: Authorize the General Manager to renew the contracts for
printing and mailing services with Patsons Press and Dakota Press for amounts not-to-exceed
$150,000 (each) through end of Fiscal Year (FY) 2018-2019.
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.
6. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Counsel (R-17-141)
Staff Contact: Alicia Gonzales, Human Resources Supervisor
Board Appointee Evaluation Committee’s Recommendation:
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2016-17, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the General Counsel for Fiscal Year 2017-18: Increase the General
Counsel’s base salary by 3% to $229,439 plus a one-time merit pay bonus of $11,472.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to execute
a revised Board Appointee Employment Agreement.
7. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
Controller (R-17-142)
Staff Contact: Alicia Gonzales, Human Resources Supervisor
Board Appointee Evaluation Committee’s Recommendation:
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2016-17, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the Controller for Fiscal Year 2017-18: Increase the Controller’s
base salary by 3% to $44,187 plus a one-time merit pay bonus of $2,209.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to execute
a revised Board Appointee Employment Agreement.
8. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Manager (R-17-143)
Staff Contact: Alicia Gonzales, Human Resources Supervisor
Board Appointee Evaluation Committee’s Recommendation:
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2016-17, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the General Manager for Fiscal Year 2017-18: Increase the General
Manager’s base salary by 3% to $255,024 plus a one-time merit pay bonus of $12,751.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to execute
a revised Board Appointee Employment Agreement.
INFORMATIONAL MEMORANDUM
• Picchetti Winery Eucalyptus Tree Removal
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, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on December 8, 2017, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
R-17-131
Meeting 17-31
December 13, 2017
SPECIAL MEETING AGENDA ITEM 1
AGENDA ITEM
Proposed Quitclaim of a Cultural Conservation Easement to the Amah Mutsun Tribal Band over
the Mount Umunhum property (Santa Clara County Assessor’s Parcel Number 562-08-003) at
Sierra Azul Open Space Preserve, related Memorandum of Agreement, and amendment of the
property’s Use and Management Plan.
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the activities authorized under the recommended actions have previously
been evaluated in the Mount Umunhum Environmental Restoration and Public Access
Project Final Environmental Impact Report and have been mitigated to less than significant
by the Mitigation Measures adopted as part of the Project, and that there will be no new
significant environmental effects or substantial increase in the severity of previously
identified significant effects.
2. Determine that the Quitclaim of a Cultural Conservation Easement, and amendment to the
Use and Management Plan are categorically exempt under the California Environmental
Quality Act (CEQA), as set out in the staff report.
3. Adopt a Resolution authorizing the Quitclaim of a Cultural Conservation Easement to the
Amah Mutsun Tribal Band.
4. Adopt a Resolution authorizing the General Manager to enter into a Memorandum of
Agreement with the Amah Mutsun Tribal Band for implementation of authorized activities
included in the Cultural Conservation Easement.
5. Adopt the Amended Use and Management Plan, as set out in the staff report.
SUMMARY
The General Manager recommends that the Midpeninsula Regional Open Space District
(District) Quitclaim a Cultural Conservation Easement (conservation easement) to the Amah
Mutsun Tribal Band (AMTB) over the 36-acre Mount Umunhum summit property (summit) and
enter into a Memorandum of Agreement (MOA) with the AMTB to implement the authorized
activities identified in the conservation easement in a manner compatible with the uses approved
by the Board of Directors (Board) in 2012 as the Mount Umunhum Environmental Restoration
and Public Access Project (Mount Umunhum Project). This Report contains a description of the
R-17-131 Page 2
property, an Amended Use and Management Plan, findings of the environmental review for the
recommended actions, terms and conditions, and financial considerations.
DISCUSSION
Background (see attached map)
In 1986, the District purchased the former Almaden Air Force Station (AFS) on the summit, with
the intent to restore the area to a natural condition and provide public access (R-86-20). In
subsequent years, the District cooperated with the Federal Government in their efforts to remove
defunct structures, equipment, and hazardous materials from the property. In 2009, the United
States Congress appropriated $3.2 million for the District to complete the remaining cleanup.
The subsequent cleanup of the former Almaden AFS was completed in 2014.
In 2004, the District began a formal Preserve-wide Master Plan effort. In 2009, the Board
recognized the need for a specific site planning process for the summit and suspended the
Preserve Master Plan effort. From 2010 to 2012, the District conducted a design and planning
process for public access to the summit. All options included a robust interpretive element that
would interpret military use of Mount Umunhum, explain the significance of the site as the
center of the local Native American community’s creation story, highlight the unique local
wildlife and native plant community, and the need to protect and restore these habitats. In
September and October 2012, the Board approved the project elements identified in the Mount
Umunhum Project. The Project outlined the remaining site restoration needed, and identified
public access improvements, interpretation elements, and ecological restoration.
In 2016, the District began to construct public improvements on the summit. The improvements
were completed in early September 2017 and on September 18, 2017, the District opened the
summit to the public. It is now available for public enjoyment 365 days a year. Restoration of
the summit’s native habitat began in 2016 and will continue for a number of years.
Radar Tower as an addition to the Santa Clara County Heritage Resource Inventory
The Almaden AFS was an early-warning radar facility that operated between 1958 and 1980.
The only structure retained from the site cleanup was the radar tower, which was the base for a
long-range radar sail. In 2015, work began to seal, clean, and provide safety repairs to the tower
in anticipation of future public access at the summit. Prior to the completion of this work, the
Santa Clara County Board of Supervisors added the radar tower to the County’s Heritage
Resource Inventory on May 10, 2016. On June 8, 2016, the District’s Board of Directors
selected the “Retain and Seal” option for the radar tower. Work to seal the radar tower was
completed in July 2016. The District is currently preparing cost estimates for additional repairs
and maintenance of the radar tower.
Mount Umunhum’s Cultural Significance to the Ohlone Peoples
As part of efforts to prepare the Mount Umunhum Project, the District learned that Mount
Umunhum is a sacred site to the Amah Mutsun Tribal Band and Muwekma Ohlone Tribe of the
San Francisco Bay Area, descendants of the Ohlone people in this region. The mountain’s name
comes from the Ohlone word for Hummingbird, the central figure of the Amah Mutsun creation
story, who according to this story delivered fire from that very summit hundreds of generations
R-17-131 Page 3
ago. The mountain continues to be a sacred site for many and a site of great cultural value. Over
the years, the District and the AMTB have worked collaboratively to identify, interpret, and
conserve the important cultural resources of Mount Umunhum, and to educate the public about
these resources. Representatives from the AMTB provided input into the design of the Mount
Umunhum Project, assisted in the development of cultural resources interpretive panels installed
in the visitor use areas at the summit, and participated in the ceremonies to open Mount
Umunhum for public use.
Conservation Easement
The purpose of the proposed conservation easement is to further collaborative efforts between
the District and the AMTB to protect and preserve Mount Umunhum in perpetuity. The
conservation easement with the AMTB will protect in perpetuity the property’s Conservation
Values, including: cultural and historic, educational, natural resource, scenic, and open space
values. Protection and use will occur in a manner compatible with the site restoration and public
open space uses approved under the Mount Umunhum Project.
In consideration for the quitclaim of the conservation easement, the AMTB will provide Native
American history, cultural knowledge, ecological interpretation, and education services of
significant public benefit. The conservation easement will deepen and expand the benefits of the
collaborative work done by the AMTB and the District, provide key relevant spaces to further
this work, enrich the District’s understanding of related historical and natural resource matters,
assist in the habitat restoration of the summit, and further enhance the visitor experience at
Mount Umunhum.
Prohibited Uses. The conservation easement prohibits the following uses:
• Subdivision of the property
• Development of property for commercial or industrial uses
• Expanding footprint or use of radar tower for permanent or occupied uses
• Building or expansion of existing or new buildings, except employee or residence uses
for land management purposes
• Excavation or removal of archeological resources, except as part of an archeological
investigation approved in consultation with the AMTB
Authorized Activities. The conservation easement provides that the AMTB may conduct the
following authorized activities on the Mount Umunhum property. Activities that are inconsistent
with District Regulations are prohibited unless authorized by permit:
• Restore, conserve and steward natural and cultural resources.
• Promote cultural stewardship through the application and sharing of traditional ecological
knowledge related to sustainable resource management practices such as seed and plant
gathering, planting, and dispersing.
• Provide educational services about traditional cultural and ecological knowledge and
stewardship.
• Plant and maintain a native education garden (Tribal Garden) at former Almaden AFS
recreational area.
• Host tribal ceremonies at the newly constructed Ceremonial Space near the summit
R-17-131 Page 4
• Perform a cultural resource survey of Mount Umunhum to identify whether additional
cultural resources or archeological sites are to be protected.
• Perform research on the Los Gatos, Guadalupe and Alamitos Creek watershed and
natural resources.
• Install cultural improvements (such as a round house), subject to future review and
discretionary approval by the District’s Board of Directors, including environmental
review under CEQA.
• Engage in traditional, cultural and educational activities such as ceremonies, dances,
games and knowledge sharing workshops.
All existing public access, recreational, natural resource, and visitor improvements and uses
remain unaltered. The District retains the full scope of rights necessary to adaptively manage the
summit for the benefit of public access, other compatible uses, and educational opportunities at
Mount Umunhum. Nothing in the conservation easement, for example, prohibits the District
from implementing the possible future addition of housing for District employees, additional
parking areas, shelters, restrooms, trails, habitat restoration, vegetation management, events, or
any other non-commercial use not in conflict with the Conservation Values or the Mount
Umunhum Project.
The District and AMTB staff will meet annually to monitor the conservation easement,
coordinate and schedule collaborative restoration projects, use of Ceremonial Space, Tribal
Garden, and other areas of the Mount Umunhum property.
Memorandum of Agreement
The proposed MOA between the District and the AMTB is for the implementation and
coordination of the Authorized Activities in a manner that is compatible with the District’s
public open space uses and natural resource objectives. The District and AMTB staff will meet
annually to coordinate, share and develop work plans, schedule activities, and for the District to
issue permits where necessary. This annual collaboration will coincide with the conservation
easement monitoring each year.
The District will issue permits to address activities that require special arrangements or
parameters to maximize coordination and minimize effects on District site management needs,
access by other members of the public, or risk management issues, such as:
• Any Authorized Activities that may be inconsistent with the District’s Regulations such
as seed gathering outside of the Tribal Garden, use of fire for any purpose, etc.
• AMTB gatherings that may include more than 30 people.
• After Hours Uses of the Tribal Garden or scheduled use of the Ceremonial Space to
address notification, use of gates, number of vehicles, etc.
• Uses that could have an impact on District and public uses such as use of large trucks or
heavy equipment.
As part of the annual coordination meeting, the District and AMTB will collaborate on natural
resource plans to support restoration goals, including AMTB’s goals for the Tribal Garden, and
avoid contamination by invasive plants and plant pathogen transport. The MOA also identifies
R-17-131 Page 5
an area below the Tribal Garden for future tribal use and collaborative restoration and
revegetation projects performed by AMTB and/or District.
There is a preference stated within the proposed MOA to have the permits issued annually, and
that the District and the Tribe meet annually to discuss any implementation issues that have
arisen, and to address those in an adaptive manner. These adaptive responses might also require
associated minor modifications to the MOA. Given that this kind of collaborative arrangement is
new to the District and calls for adaptive management to address practical issues, the General
Manager is requesting that the Board approve the entry into the MOA at the outset, but that the
General Manager be given the authority to make amendments to the MOA as experience on the
ground and newly arising issues might dictate. Any such amendments would be reported to the
Board within 30 days, along with a report to the Board in open session if desired.
USE AND MANAGEMENT
Planning Considerations
Amended Use and Management Plan
The Board adopted an Interim Use and Management Plan for the Mount Umunhum area of the
Sierra Azul Open Space Preserve in 1983. It was amended in 1986 to include the Almaden AFS
property purchase. In subsequent years, minor amendments to the Use and Management Plan
were approved in response to additional purchases, cleanup efforts, etc. The Interim Use and
Management Plan remains effective until it is amended or the Board approves either a
Comprehensive Use and Management Plan or a Master Plan for the Open Space Preserve. The
District last amended the Use and Management Plan on September 12, 2012 and October 19,
2012 to include project elements of the Mount Umunhum Project.
Proposed new amendments to the Use and Management Plan are shown in underlined text. They
include maintenance of the site in its current improved condition and authorized activities to be
conducted by the AMTB. If changes to land use or the physical environment are proposed in the
future, further amendments to the Use and Management Plan or consideration of another Open
Space Use and Management Plan process would be subject to further environmental review.
Name: Mount Umunhum Area, Sierra Azul Open Space Preserve
Public Access: Continue to provide public access, as approved under the Mount Umunhum
Project and operated under standard District rules and procedures, except for
public access limitations identified within the conservation easement for the
Tribal Garden and during specified Tribal ceremonial events.
Limited Access: Visitor Services will track and evaluate public use, demand and traffic at
Mount Umunhum over the next year to determine the manageable level of
future public permit access.
R-17-131 Page 6
Authorized
Activities
Allow all Authorized Activities by the AMTB as identified in the
conservation easement and the MOA. Any of the Authorized Activities of
the AMTB that are or may become inconsistent with Regulations for the
Use of Midpeninsula Open Space District Lands (“District Regulations”) as
are now in existence or as may be amended from time-to-time (including,
but not limited to, any activity that may be attended by 30 or more people,
the use of fire for any purpose, after hours activities, seed harvesting, etc.)
are prohibited unless authorized by special use permit. This permit
threshold may be reduced to the normal 20 person threshold, should
significant problems arise in implementation warranting such a reduction.
Patrol Continue to perform routine patrol, using existing roads and patrol
easements.
Fencing Signs,
Site Security
Continue to maintain fences and gates as necessary to prevent unauthorized
vehicular entry. Install private property, closed area, interpretive, regulatory
and preserve boundary signs where appropriate as identified in the Mount
Umunhum Project.
Site Safety: Continue to Implement Site Safety measures as identified in the Mount
Umunhum Project, and in accordance with District Regulations. A special
use permit must be obtained for any use of fire, which will include
additional requirements or limitations to ensure public safety.
Structures and
Improvements:
Maintain all existing visitor-service related structures and improvements
constructed for the uses identified in the Mount Umunhum Project.
Repair and maintain the radar tower, consistent with the District’s approved
Retain and Seal option, approved June 2016, and to any degree required by
the County of Santa Clara, based on its health and safety regulatory
authority, or based on the structure’s status on the County’s Heritage
Resource Inventory, or as needed in the District’s discretion for natural
resource management, health and safety purposes, provided in all cases that
the tower is not expanded in footprint or height or use.
Resource
Management:
Continue to perform site restoration and cultural, historic, educational,
natural resource, and scenic resource management as identified in the
Mount Umunhum Project.
Water Rights: Hold and use all existing water rights on the conservation easement for the
benefit of the property, to apply for additional riparian or appropriative
rights, and to obtain water supplies from any source permitted by applicable
law.
Roads and
Trails:
Continue to maintain all roads and trails for the uses identified in the Mount
Umunhum Project.
R-17-131 Page 7
Wildfire Fuel
Management:
Continue to Implement Wildland Fire Management measures identified in
the Mount Umunhum Project, and in accordance with District Regulations.
Consult with the AMTB and appropriate fire agencies in developing a site-
specific fuel modification and management program. Continue to maintain
appropriate defensible space clearances around use areas and
improvements.
Dedication: Continue to withhold dedication of the property as open space at this time.
Subsequent
Planning:
Develop a long-term plan for the larger Sierra Azul Open Space Preserve,
incorporating the uses authorized in the Mount Umunhum Project and the
conservation easement. The planning process will include consultations
with the AMTB, public workshops to gather input, and public hearings to
review draft and final plans, consistent with the District’s Use and
Management Planning Policy. Any long-term plan will be subject to further
environmental review.
Subsequent
Environmental
Review:
This Amended Use and Management Plan generally assumes
implementation of standard District policies and procedures, including but
not limited to those related to resource management, wildland fuel
management, and road and trail maintenance. Further information gathering
over time will determine where physical changes to the environment may
be proposed. If further site-specific projects are identified, prepare further
environmental review as needed.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE
Project Description
The Project consists of the quitclaim of a conservation easement over 36 acres owned by the
District to the AMTB to preserve and maintain the property for the conservation values identified
in the conservation easement. The property subject to the conservation easement is located
within the District’s Sierra Azul Open Space Preserve, in an unincorporated area of Santa Clara
County, identified as Assessor’s Parcel Number 562-08-003.
The Project includes the execution of an MOA between the District and the AMTB. The
proposed MOA allows for the coordination and implementation of the Authorized Activities
identified in the conservation easement in a manner that is compatible with the District’s public
open space uses, interpretative, educational and natural resource objectives.
The project also includes an amendment to the District’s Use and Management Plan for the
property. The proposed amendment to the Use and Management Plan will allow continued
management of the site under standard District policies and procedures, including but not limited
to resource management, wildland fuel management, and road and trail maintenance.
Previous EIR
All uses identified under Allowable Activities in the conservation easement and in the MOA
were identified in the Project Description of the EIR for the Mount Umunhum Project. In
addition to contemplating site restoration and public use activities, all four options considered in
R-17-131 Page 8
the EIR included activities to support a robust interpretive element that would interpret the
military use of Mount Umunhum, explain the significance of the site as the center of the local
Native American community’s creation story, highlight the unique local wildlife and native plant
communities, and educate visitors on how to protect and restore these habitats. The type of
activities associated with these project elements were analyzed under CEQA and mitigation
measures to reduce any impacts to less than significant were identified. The District adopted the
EIR in June 2012 (R-12-59). In September 2012, the Board approved select Project elements (R-
12-91). In October 2012, the Board approved the remaining Project Elements, with the exception
of backcountry camping, and adopted a Mitigation Monitoring and Reporting Plan for the Project
(R-12-104).
An Addendum to the EIR was approved in 2015 for a limited access road easement granted to
the District to support the project and additional road gates (R-15-165). A second Addendum to
the EIR was approved in 2016 (R-16-96) to use excess soil generated by project implementation
to restore contours and to add three gabion retaining walls to Mt. Umunhum Road repairs.
Section 15162 of the CEQA Guidelines provides that after project approval, an agency need not
prepare a subsequent EIR for a project unless the agency determines that substantial changes to
the project are proposed, or substantial changes occur with respect to the circumstances under
which the project is undertaken, or new information of substantial importance would require
major revisions of the previous EIR due to the involvement of new significant environmental
effects, more severe significant effects, or new or different mitigation measures should be
evaluated.
Here, the EIR and its two Addenda fully analyzed the Mount Umunhum Project and mitigated
any impacts to less than significant with the adoption of mitigation measures. Uses and
conditions analyzed in the EIR have not substantially changed. No uses or impacts as a result of
the Project to quitclaim a conservation easement, enter into a MOA with the AMTB, or further
amend the Use and Management Plan have been identified that were not already analyzed and
mitigated for under the previous EIR, and no new significant environmental effects or substantial
increase in the severity of previously identified significant effects have been identified
Exemptions
The District is the Lead Agency for this Project under CEQA. The District concludes that this
Project will not have a significant effect on the environment. It is categorically exempt from
CEQA under Article 19, Section 15325 of the CEQA Guidelines, “Transfer of Ownership of
Interest in Land to Preserve Existing Natural Conditions and Historical Resources,” and Section
15301 of the CEQA Guidelines, “Existing Facilities,” as follows:
Section 15325 (c) Acquisition, sale, or other transfer to allow restoration of natural conditions,
including plant or animal habitats. The quitclaim of a conservation easement and execution of a
MOA between the District and the AMTB to preserve and maintain the Conservation Values
identified in the conservation easement in a manner compatible with the District’s public open
space uses and natural resource objectives will not have an impact on the environment.
R-17-131 Page 9
Section 15301 Existing Facilities consists of the operation, the repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities, or
topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency’s determination. The proposed amendments to the Use and Management
Plan specify no alteration or expansion of use beyond those activities approved under previous
CEQA actions or associated with implementation of standard District policies and procedures,
including but not limited to those related to resource management, wildland fuel management,
and road and trail maintenance within the conservation easement.
FISCAL IMPACT
The proposed conservation easement will have no impact on the District’s budget.
BOARD COMMITTEE RECOMMENDATIONS
The proposed conservation easement was not reviewed by a Board Committee. The full Board
did consider this proposed item in closed session.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act and District noticing policy. No
additional notice is required.
NEXT STEPS
Upon approval by the Board of Directors, the conservation easement will be executed by the
parties, and staff will proceed with recording the conservation easement. The District will enter
into the Memorandum of Agreement with AMTB.
Attachments:
1. Resolution Authorizing the General Manager, President of the Board of Directors or
Other Officer to Execute a Quitclaim of Conservation Easement to the Amah Mutsun
Tribal Band, and Authorizing General Manager to Execute any and all Other Documents.
2. Resolution Authorizing the General Manager to Execute a Memorandum of Agreement
with the Amah Mutsun Tribal Band, and Authorizing the General Manager to Execute
any and all Other Documents.
3. Location Map
Prepared by:
Michael C. Williams, Real Property Manager
Elish Ryan, Real Property Planner III
Graphics prepared by:
Nathan Greig, GIS Technician
Resolutions/2017/R-17-___AMLTConservationEasement 1
RESOLUTION NO. 17-____
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL
MANAGER, PRESIDENT OF THE BOARD OF DIRECTORS OR OTHER
APPROPRIATE OFFICER TO EXECUTE A QUITCLAIM DEED OF
CULTURAL CONSERVATION EASEMENT TO THE AMAH MUTSUN TRIBAL
BAND, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE
CLOSING OF THE TRANSACTION (MOUNT UMUNHUM PROPERTY,
SIERRA AZUL OPEN SPACE PRESERVE – AMAH MUTSUN TRIBAL BAND)
______________________________________________________________________________
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District
does hereby authorize the General Manager, President of the Board of Directors or other
appropriate officer to execute the Quitclaim Deed of Cultural Conservation Easement
(Conservation Easement) conveying certain real property rights by the Midpeninsula Regional
Open Space District to the Amah Mutsun Tribal Band.
Section Two. The Amah Mutsun Tribal Band is a nonfederally recognized California
Native American tribe that is on the contact list maintained by the Native American Heritage
Commission to protect a California Native American prehistoric, archaeological, cultural,
spiritual, or ceremonial place (as evidenced by Attachment A, letter from the Native American
Heritage Commission dated April 26, 2005). As such, the Amah Mutsun Tribal Band is therefore
qualified to hold a Conservation Easement, as provided by California Civil Code section 815.3.
Section Three. The Conservation Easement is categorically exempt under the California
Environmental Quality Act (CEQA), and the CEQA findings more fully set forth in
Midpeninsula Regional Open Space District Board Report R-17-131 are incorporated herein by
this reference.
Section Four. The General Manager or the General Manager’s designee is further
authorized to execute any and all other documents necessary or appropriate to the closing of the
transaction.
Section Five. The General Manager and General Counsel are further authorized to
approve any technical revisions to the Conservation Easement, which do not involve any
material change to any terms of the Conservation Easement, which are necessary or appropriate
to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _________, 2017, at a Regular Meeting thereof, by the following vote:
ATTACHMENT 1
Resolutions/2017/R-17-___AMLTConservationEasement 2
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
Attachment:
Exhibit A, letter from the Native American Heritage Commission, dated April 26, 2005.
STATE OF CALIFORNIA Amold Schwarzenegger, Governor
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL, ROOM 364
SACRAMENTO, CA 95814
(916) 653-4082
Fax (916) 657-5390
Web Site www.nahc.ca.gov
April 26, 2005
Valentin Lopez
Arnab Mutsun Tribal Band
3095 Eastern Avenue
Sacramento, CA 95821
Dear Mr. Lopez:
Thank you for providing the Native American Heritage Commission with the
documentation requested in our letter of February 16, 2005, to demonstrate the
Amah Mutsun Tribal Band's eligibility for inclusion on the list of California Native
American tribes. We appreciate your willingness to help us establish a list of
California tribes, and we are pleased to inform you that your tribe will be included
on the list of tribes to be consulted for local government general planning purposes.
With the creation of the General Plan/Specific Plan Consultation List, your tribe
will receive consultation requests from cities and county governments as they
consider changes to their general plans and specific plans. We hope you will take
advantage of these opportunities to work with local governments to identify ways to
protect your tribe's cultural resources that lie within the local government's
boundaries.
Please let us know if you have any comments or questions regarding the consultation
process.
Sincerely,
Larry Myers
Executive Secretary
Resolutions/2017/R-17-___AMLT_MOAApproval 1
RESOLUTION NO. 17-____
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL
MANAGER, TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE
AMAH MUTSUN TRIBAL BAND, AND AUTHORIZING THE GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY
OR APPROPRIATE TO ENTER INTO THIS AGREEMENT (MOUNT
UMUNHUM PROPERTY, SIERRA AZUL OPEN SPACE PRESERVE – AMAH
MUTSUN TRIBAL BAND)
_______________
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District
does hereby authorize the General Manager to execute the Memorandum of Agreement
(Agreement) with the Amah Mutsun Tribal Band.
Section Two. The activities authorized in the Agreement have previously been evaluated
in the Mount Umunhum Environmental Restoration and Public Access Project Final
Environmental Impact Report and have been mitigated to less than significant by the Mitigation
Measures adopted as part of the Project, and there will be no new significant environmental
effects or substantial increase in the severity of previously identified significant effects within
the meaning of the California Environmental Quality Act (CEQA). The CEQA findings more
fully set forth in Midpeninsula Regional Open Space District Board Report R-17-131 are
incorporated herein by this reference.
Section Three. The General Manager or the General Manager’s designee is further
authorized to execute any and all other documents necessary or appropriate to implementing this
Agreement.
Section Four. The General Manager is further authorized to approve revisions to the
Agreement as necessary to ensure its smooth and efficient implementation as intended, and to
address issues in an adaptive manner as they arise. Any such revisions shall be reported back to
the Board of Directors within thirty (30) days after any such change or revision.
* * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _________, 2017, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT 2
Resolutions/2017/R-17-___AMLT_MOAApproval 2
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
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While the District strives to use the best available digital data, thiese data do not represent a legal survey and are merely a graphic illustration of geographic features.
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Open Space
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*Underlying CAD file provided by Restoration Design Group, Inc. as of April 16, 2016
Sierra Azul
Open Space
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Limit of Work (L.O.W.)
Santa Clara County Parcel
Tribal Garden Area
ATTACHMENT 3
December 6, 2017
Board Meeting 17-30
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, December 6, 2017
DRAFT MINUTES
SPECIAL MEETING – CLOSED SESSION
President Hassett called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto Curt Riffle, and
Pete Siemens
Members Absent: Nonette Hanko
Staff Present: Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner,
Real Property Manager Mike Williams
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: End of Lucy Lane, Half Moon Bay, CA, Portion of San Mateo County APN
066-320-160
Agency Negotiator: Michael Williams, Real Property Manager
Negotiating Party: Jo Chamberlain and Jonathan Lundell, Property Owners
Under Negotiation: Price and terms and conditions of Conservation Easement
ADJOURNMENT
President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 5:30 p.m.
SPECIAL MEETING – STUDY SESSION
President Hassett called the special meeting of the Midpeninsula Regional Open Space District
to order at 6:04 p.m.
Meeting 17-30 Page 2
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto Curt Riffle, and
Pete Siemens
Members Absent: Nonette Hanko
Staff Present: Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner,
Chief Financial Officer/Administrative Services Director Stefan Jaskulak,
Acting Assistant General Manager Christine Butterfield, District
Clerk/Assistant to the General Manager Jennifer Woodworth, Planning
Manager Jane Mark, Senior Planner Tina Hugg
1. Report on Space Needs Assessment and Program for the New Administrative Office
(R-17-128)
Assistant General Manager Ana Ruiz introduced the agenda item and explained that discussions
regarding the next steps for the project will largely be discussed at the January 24, 2017 Board
meeting. The current agenda item is focused on the space needs assessment report.
Acting Assistant General Manager Christine Butterfield provided an overview of the
presentation, and explained staff will be meeting with all Board members in January to solicit
feedback regarding the next steps of the project.
Senior Planner Tina Hugg introduced Chloe Lauer of MKThink who summarized the work to
date on the project. Ms. Lauer reviewed the guiding principles for the project and the results of
the workshops held with the Board and staff members to assess space needs and suggested
innovations. Ms. Lauer described possible scenarios of how to utilize the office building space,
including current space usage, predicted space usage in 2022, and predicted usage in 2045.
Director Siemens requested clarification regarding how unused office space would be leased.
Ms. Butterfield reported staff is continuing to study this issue based on the existing building
leases and will work with a design architect when designing the building’s interior to determine
the best options for addressing and incorporating unused lease space.
Director Kishimoto and Director Siemens inquired regarding current and future storage space
needs.
Ms. Hugg explained the storage space needs are expected to slightly increase due to an increase
in staff members.
District Clerk Jennifer Woodworth explained staff is currently working to update the retention
schedule, which will allow for destruction of inactive records according to state law reducing
storage needs of files.
Director Riffle suggested integration of staff with other departments may allow for more
interaction among the departments and prevent siloing of information.
Meeting 17-30 Page 3
Director Siemens spoke in favor of a single public entrance that leads to a single lobby. The
remaining existing entrances may be staff entrances. Director Siemens expressed concern
regarding public access to the basement areas.
Director Kishimoto spoke in favor of a public entrance along El Camino Real.
Board members spoke in favor of creating green spaces at 5050 El Camino Real.
Director Cyr spoke in favor of preserving some parking spaces for visitors near the entrance.
Public comment opened at 6:56 p.m.
No speakers present.
Public comment closed at 6:56 p.m.
No Board action required.
ADJOURNMENT
President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:59 p.m.
SPECIAL MEETING
President Hassett called the special meeting of the Midpeninsula Regional Open Space District
to order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner,
Chief Financial Officer/Administrative Services Director Stefan Jaskulak,
Acting Assistant General Manager Christine Butterfield, District
Clerk/Assistant to the General Manager Jennifer Woodworth
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Hanko absent)
Meeting 17-30 Page 4
SPECIAL ORDERS OF THE DAY
• Introduction of staff
O Erik Viik – Lead Open Space Technician
CONSENT CALENDAR
Public comment opened at 7:05 p.m.
No speakers present.
Public comment closed at 7:05 p.m.
Motion: Director Siemens moved, and Director Riffle seconded the motion to approve the
Consent Calendar.
VOTE: 6-0-0 (Director Hanko absent)
1. Approve November 8, 2017 Minutes
District Clerk Jennifer Woodworth noted revisions were made to the minutes and copies have
been provided to the Board and members of the public.
Director Riffle informed the District Clerk that he had to leave the closed session at 9:00 p.m.
Ms. Woodworth reported she will update the minutes before finalizing them.
2. Award of Contract for Legal Services (R-17-129)
General Manager’s Recommendation: Authorize the General Manager to enter into a contract
with Gary Baum, Esq. to provide legal services in an amount not to exceed $150,000.
3. Award of Contract with Terry Martin and Associates for design, engineering,
permitting assistance, and construction administration services for the proposed New
South Area Field Office at 240 Cristich Lane in Campbell (R-17-130)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year contract with Terry Martin and
Associates for design, engineering, permitting assistance, and construction
administration services for the proposed New South Area Field Office for a base contract
amount of $267,350.
2. Authorize a 15% contingency of $40,100, to be expended only if necessary to cover
unforeseen conditions, for a total not-to-exceed contract amount of $307,450.
4. Claims Report
BOARD BUSINESS
Meeting 17-30 Page 5
5. Resolutions approving the Preliminary Official Statements (POS) for the Issuance of
the Green Bonds, 2017 Refunding Series A, and Parity Bonds, 2017 Series B and the
Measure AA Series 2018 General Obligation Bonds (Green Bonds), and authorizing the
contribution of up to $1,000,000 into the refunding escrow. The issuance of the Bonds was
authorized at the November 8, 2017 Board meeting. The POS resolutions provide for
board approval of the disclosure documents to be used in the marketing of the Bonds. (R-
17-132)
Chief Financial Officer Stefan Jaskulak described the Preliminary Official Statement for the
2017 bond issuance, which includes information on the District, plan for financing the bonds, use
of funds, property tax data, etc. Mr. Jaskulak also described the Preliminary Official Statement
for the 2018 bond issuance, which contains similar information but references Measure AA as a
source of payment and security. Mr. Jaskulak explained the need for a budget adjustment to
contribute to the refunding escrow. Finally, Mr. Jaskulak reviewed marketing plan to advertise
the bond issuance and the schedule for the 2017 bond issuance
Public comment opened at 7:21 p.m.
No speakers present.
Public comment closed at 7:21 p.m.
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to:
1. Adopt a Resolution approving the Preliminary Official Statement for the Issuance of the
Green Bonds, 2017 Refunding Series A and Parity Bonds, 2017 Series B
2. Adopt a Resolution approving the Preliminary Official Statement for the Issuance of the
Measure AA Series 2018 General Obligation Bonds (Green Bonds)
3. Authorize the contribution of up to $1,000,000 into the refunding escrow
4. Adopt a Resolution authorizing a budget adjustment of up to $715,000 for the escrow
contribution
VOTE: 6-0-0 (Director Hanko absent)
INFORMATIONAL REPORTS
A. Committee Reports
Director Cyr reported the Action Plan and Budget Committee met on December 5, 2017 and
reviewed the agenda items.
Director Harris reported the Real Property Committee met on November 21, 2017 to discuss the
Lobitos Creek conservation easement.
B. Staff Reports
Acting Assistant General Manager Christine Butterfield provided an update on the La Honda
Grand Opening and the high visitor usage.
Meeting 17-30 Page 6
Assistant General Manager Ana Ruiz reported on staff’s work with the San Francisco Bay
Restoration Authority and California Land Stewardship Network.
C. Director Reports
Director Harris shared information regarding the number of registered voters in San Mateo
County for each Ward. Redwood City will be releasing a Request for Proposals to encourage
park space throughout Redwood City.
Director Kishimoto reported her attendance at a Santa Clara County LAFCo meeting.
Director Siemens reported his attendance at the Santa Clara County Special Districts Association
quarterly meeting. Additionally, Director Siemens went with staff to meet with members of the
Santa Clara County Board of Supervisors to discuss the Amah Mutsun conservation easement
and the District’s proposed purchase of the San Jose Water Company Land.
The Board members submitted their compensatory reports.
Directors Cyr, Hassett, Kishimoto, and Siemens reported their attendance at the La Honda Open
Space Preserve grand opening event.
President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:45 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 2
CLAIMS REPORT
MEETING 17-31
DATE 12-06-17
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
76789 11236 - GRADETECH Sears Ranch Road Improvements & Parking Lot Installation Project (LH)12/06/2017 259,661.33
76782 11238 - CXT INCORPORATED Restroom Building & Installation of Vault Toilet - Sears Ranch Road Staging Area 12/06/2017 23,788.18
76801 11679 - MKTHINK New AO Space Programming Services 10/1/17-10/31/17 12/06/2017 17,636.43
76790 10005 - GRASSROOTS ECOLOGY Mt. Umunhum Revegetation - Nursery Plants 12/06/2017 13,196.76
76774 11849 - CAL ENGINEERING & GEOLOGY, INC.McElyea Landslide Survey Services - Background Research, File Review, Geologic Research & Base Map Preparation 12/06/2017 12,045.75
76823 11857 - UC REGENTS BILLING AND PAYMENT SERVICES Sudden Oak Death Consulting 12/06/2017 10,000.00
76808 11552 - ROBERT HALF TECHNOLOGY SharePoint Development Services - WE 11/3 + 11/10 12/06/2017 8,640.00
76762 11507 - 4IMPRINT, INC.Staff Recognition Event Sweatshirts 12/06/2017 5,767.86
76829 11834 - WRECO On-Call Hydrologic - BCR Mud Lake 12/06/2017 5,365.00
76794 10774 - LANGLEY HILL QUARRY Re-mark & Locate Drain Field at 18155 Wagner Road 12/06/2017 4,640.00
76781 10027 - CRESCO EQUIPMENT RENTALS Dozer Rental (SA) 7/13 - 8/10/17 12/06/2017 4,183.58
76809 11869 - RW Jones and Associates Health & Safety Training Haz-mat Training - CSTI Hazmat First Responder Awareness 12/06/2017 3,610.00
76805 11523 - PGA DESIGN, INC.Professional Services - Sears Ranch Rd Construction Administration 12/06/2017 3,572.25
76796 10058 - LIEBERT CASSIDY WHITMORE Legal Services Through 10/31/17 12/06/2017 3,484.00
76810 11868 - SAN JOSE CONSERVATION CORPS Debris Removal at Woods Trail 12/06/2017 3,306.98
76771 11862 - BEE FREE Bee Removal at Hawthorns House 12/06/2017 3,000.00
76821 10162 - TERMINIX PROCESSING CENTER Termite Treatment & Fumigation at Rental Residence 12/06/2017 2,520.00
76816 10447 - SIMMS PLUMBING & WATER EQUIPMENT Quarterly Water Service & Replacement of Tankless Water Heater 12/06/2017 2,239.19
76783 11803 - ELLISON SCHNEIDER HARRIS & DONLAN LLP Water Law Counsel Services October 2017 12/06/2017 2,100.00
76788 10509 - GEOCON CONSULTANTS INC Phase II Assessment of Abandoned Oil Tank Facilities 12/06/2017 2,094.00
76766 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 12/06/2017 1,876.00
76802 10076 - OFFICE TEAM Public Affairs Temporary Employee WE 11/03 + 11/10 12/06/2017 1,872.00
76800 10288 - MISSION VALLEY FORD TRUCK SALES, INC Maintenance Repairs (M33) & Replacement of Muffler/Pipe Assembly (M217)12/06/2017 1,661.47
76791 10222 - HERC RENTALS INC Equipment Rentals - Mini Excavator / Dump Truck (BCR)12/06/2017 1,554.51
76825 *10309 - VERIZON WIRELESS Wireless Services for Laptops, iPads & Phones 10/13-11/12 12/06/2017 1,548.66
76826 11599 - VULCAN CONSTRUCTION MATERIALS LP Road Work Materials & Rock (ES) (SA-MT UM)12/06/2017 1,474.52
76770 11711 - BAY AREA METAL FABRICATION LLC Signs - (SFO) (Mt. Um)12/06/2017 1,468.00
76798 10791 - LSA ASSOCIATES INC Meyer Property Historic Resource Evaluation thru October 31,2017 12/06/2017 1,365.00
76775 10289 - CAL-LINE EQUIPMENT INC Chipper Repair (T38) & Trailer Hitch Parts 12/06/2017 1,354.25
76822 10307 - THE SIGN SHOP Signs (LH)12/06/2017 1,255.09
76812 10697 - SANDIS Professional Services - Mt. Um Rehabilitation Project 12/06/2017 1,167.50
76773 10012 - BIOSEARCH ASSOCIATES Bullfrog Monitoring Mindego Ranch 12/06/2017 1,119.43
76811 11125 - SAN MATEO COUNTY TAX COLLECTOR, SANDIE ARNOTT FY17/18 1st Installment Property Taxes (PCR/LH)12/06/2017 982.81
76765 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt. Umunhum Summit Construction 12/06/2017 981.00
76817 11878 - STATE BOARD OF EQUALIZATION Water Rights Fee 7/1/17 - 6/30/18 12/06/2017 905.50
76778 10488 - CLEAN HARBORS ENVIRONMENTAL SE HazMat Disposal (FFO)12/06/2017 892.93
76767 11048 - ARC Alma College Parking Area Digital Drawings & Trail Head Project Drawings 12/06/2017 892.42
76819 10143 - SUMMIT UNIFORMS Uniform Items For Staff - Shirt, Pants, Belt, Hat & Jacket 12/06/2017 851.06
76824 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP) (SA)12/06/2017 816.80
76804 *10180 - PG & E Electric Service (SA-MT UM) & Electric/Gas - 6 Locations 12/06/2017 647.41
76806 11662 - PITNEY BOWES INC Postage Meter Supplies - Red Ink Cartridges, tape strips 12/06/2017 611.94
76803 11129 - PETERSON TRUCKS INC.Maintenance & Repair - M24 12/06/2017 585.11
76769 11801 - BAY ALARM COMPANY Camera Installation & Service - (WH)12/06/2017 552.00
76780 11530 - COASTSIDE.NET Skyline Broadband Antenna Rental 12/1 - 12/31 12/06/2017 550.00
76779 10352 - CMK AUTOMOTIVE INC Maintenance & Repair Service - A103, A101 & P98 12/06/2017 540.84
76768 10183 - BARRON PARK SUPPLY CO INC Plumbing Equipment (RSACP)12/06/2017 532.41
76776 10170 - CASCADE FIRE EQUIPMENT COMPANY Parts for WT02 12/06/2017 421.42
76784 11151 - FASTENAL COMPANY Safety Equipment & Bolts for Signs (LH)12/06/2017 409.31
76777 10014 - CCOI GATE & FENCE Gate Service (RSACP)12/06/2017 400.00
76772 10011 - BILL'S TOWING SERVICE Towing of Vehicle - P98, P81 12/06/2017 380.00
76813 11191 - SANTA CLARA COUNTY DEPT OF TAX & COLLECTIONS FY17/18 1st Installment Property Taxes (SA)12/06/2017 373.91
76827 *10527 - WASTE MANAGEMENT Debris Disposal (GP)12/06/2017 371.45
76820 10152 - TADCO SUPPLY Janitorial Supplies (RSA)12/06/2017 326.86
76787 10187 - GARDENLAND POWER EQUIPMENT Equipment Supplies 12/06/2017 324.15
76828 11852 - WESTERN EXTERMINATOR CO.Pest Service (RSA-Annex)12/06/2017 300.00
76807 10176 - RE BORRMANN'S STEEL CO Sign Materials & Gate Controls (SA-Mt. UM)12/06/2017 285.94
76814 11732 - SANTA CLARA UNIVERSITY Reimbursement for Non-Herbicidal Treatment for Slender False Brome 12/06/2017 284.32
page 2 of 2
CLAIMS REPORT
MEETING 17-31
DATE 12-06-17
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
76799 10135 - MADCO Welding Shop Materials (FFO)12/06/2017 260.63
76793 10224 - JURICH, MICHAEL Meals & Parking Expense Reimbursement for NTL Human Interaction Lab Training 12/06/2017 254.28
76830 11176 - ZORO TOOLS Water Tank Float Switch Replacement 12/06/2017 222.37
76785 10186 - FEDERAL EXPRESS Shipping Charges (AO)12/06/2017 215.16
76815 11559 - SIFUENTES-WINTER, JONATHAN Business Mileage Reimbursement 12/06/2017 208.81
76795 11326 - LEXISNEXIS Online Subscription Service November 2017 12/06/2017 198.00
76786 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)12/06/2017 190.76
76763 11880 - A T & T Mt. Um Emergency Pay Phone 10/7 - 11/6 12/06/2017 177.10
76831 0000A -CORVETTI, CHRISTIE Mileage Reimbursement - Preserve Study 12/06/2017 132.79
76818 10302 - STEVENS CREEK QUARRY INC Base Rock (RSA-DHF)12/06/2017 84.98
76764 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Extinguisher for Gator (GP)12/06/2017 48.51
76792 10051 - JIM DAVIS AUTOMOTIVE Smog Certification - P83 12/06/2017 45.00
76797 11154 - LOS ALTOS POLICE FALSE ALARM REDUCTION PROGRAM Alarm Permit Renewal 12/06/2017 37.00
Grand Total 424,862.72$
*Annual Claims
**Hawthorn Expenses
CCIWS = Central California Invasive Weed Symposium MISAC = Municipal Information Systems Association of California
BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill
ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space
ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office
FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office
FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle
R-17-138
Meeting 17-31
December 13, 2017
AGENDA ITEM 3
AGENDA ITEM
Annual Dedication Report of Certain District Lands
GENERAL MANAGER’S RECOMMENDATION
Accept the annual report on the status of dedicated interests in District lands held for public open
space purposes.
SUMMARY
In accordance with the Midpeninsula Regional Open Space District’s (District) Dedicated Lands
Policy, an annual report of the status of District lands as dedicated or undedicated is prepared
each December. To date, approximately 67% of District lands are dedicated. Based on our
recent annual parcel-specific analysis of District property, no additional land is recommended
this year for dedication.
DISCUSSION
In accordance with the Dedicated Lands Policy, the Board receives an annual report indicating
the status of District lands as dedicated or undedicated. The annual report may also contain
recommendations for additional dedication of specific District properties or interests in lands.
Upon dedication, those properties will effectively be permanently protected, and the District
voluntarily eliminates its ability to sell or otherwise convey those dedicated properties without
voter consent, except under narrow statutory exceptions. The exceptions are referenced in the
District’s enabling legislation within Public Resources Code Section 5540. The statutory
exceptions only permit exchanges of dedicated land of equal or greater open space value not to
exceed 40 acres in a calendar year, or the transfer of land to another government agency upon the
condition that the land will continue to be protected as open space in perpetuity.
Undedicated lands within the District's boundaries are often indicated for future dedication to
park and/or open space purposes, but only after the necessary planning, boundary adjustments,
provision for permanent access, and other changes in configuration, which may involve the
disposal or exchange of interests in all or portions of such lands, have been completed.
Retaining certain lands in an undedicated status affords maximum flexibility to achieve these
modifications. In the interim, undedicated District lands may be used for park or open space
purposes within the meaning of Section 5540 of the Public Resources Code.
When considering the adoption of any Use and Management Plan, the Board determines whether
the underlying land is to be dedicated at the time of the annual report or to be withheld until a
R-17-138 Page 2
later time, such as when more comprehensive planning has been completed. Dedication status is
also reviewed as part of the regular land use and management planning process, such as approval
of a Site Plan, Preserve Plan or Master Plan. When approving such plans, the Board may adopt a
motion of intention to dedicate at the time of the annual report or to withhold dedication until a
future time. Another factor for consideration is whether a granting agency requires dedication of
a grant-funded property as a condition of funding.
Dedication Status Summary
The Dedication Status Summary Report (Attachment 1) provides the total acres held within each
District preserve and their dedication status. Only those parcels for which title has passed to the
District on or before December 1, 2017 are included in the acreage totals. The interests in land
that the District holds, i.e., fee title, easement, or other (lease, management agreement, etc.), are
listed for each category. Rights of first refusal and/or reversions to the District are not included.
The table below provides a summary dedication status of District lands.
Land Interests of District Acres
Fee Title Interests 58,060.57
Lesser Interests 5,224.85
Total District Interests 63,285.42
Lands with lesser interest that prevent dedication -1,919.55
Total acres of lands with marketable interests 61,365.87
Dedication status of lands with marketable interests % Acres
Dedicated lands 67.10 41,178.31
Undedicated lands 32.90 20,187.56
Total acres of lands with marketable interests 100.00 61,365.87
Open Space Lands Acquired since December 14, 2016
Staff presented the last annual report to the Board on December 14, 2016 (R-16-151). The table
below reports total lands acquired since that same date and have closed escrow as of December
1, 2017.
Year Interest
Type Acres Appraised
Value
District
Expenditure
Partner funds,
exchanges, grants or
gifts
2017 Fee 248.56 $3,209,500 $2,712,000 $497,500
2017 Easement 12.23 $409,000 $409,000 0
Total 260.79 $3,618,500 $3,121,000 $497,500
Dedication Recommendations for 2017
A parcel-specific analysis is conducted annually to provide recommendations for dedications.
The analysis includes consideration of criteria identified in the governing policy. Staff also
considers preserve parcel configuration, surrounding land use, pending negotiations for adjacent
acquisitions, project coordination with partner agencies, and other relevant factors. Based upon
the analysis conducted, staff concludes there are no lands suitable for dedication at this time.
Recommendations for Later Dedication
R-17-138 Page 3
Pockets of undedicated lands occur throughout the District, but the majority of the District’s
undedicated land lies within La Honda Creek and Sierra Azul Open Space Preserves (OSP). At
La Honda Creek OSP, 46% (2,848.61 acres) is undedicated. Development of public access
improvements are underway in the lower area of the Preserve. When the 2012 Master Plan is
amended to include properties acquired since 2012, and the public access improvements are
completed, the status of undedicated lands will be reevaluated. At Sierra Azul OSP, 71%
(13,532.18 acres) is undedicated. Completion of the Sierra Azul OSP Master Plan was deferred
to allow for a focused implementation of the Mt. Umunhum Public Access and Environmental
Restoration Project. When the long-term management goals of the entire Preserve are approved,
the status of remaining undedicated lands will be reevaluated.
FISCAL IMPACT
There are no costs and no fiscal impact associated with acceptance of this report.
BOARD COMMITTEE REVIEW
No Board Committee review is required for this item.
PUBLIC NOTICE
Public notice was provided pursuant to the Brown Act. Notice was also given to the California
Coastal Conservancy, County of Santa Clara, County of San Mateo, Santa Clara Valley Water
District, and Peninsula Open Space Trust. No additional notice is necessary.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
None.
Attachment: Dedication Status Summary Report
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Elish Ryan, Real Property Planner III
Lupe Hernandez, Administrative Assistant
Dedication Status Summary Report
Preserve Dedicated Undedicat-
ed
Intended
Fee Acreage Easements on Private Land
Dedicated Undedicat-
ed
Intended
Easements on Public Land
Dedicated Undedicat-
ed
Intended
Lease and
Manage-
ment
Contribu-
tion Only
Other
Interest
Dedicated
Acres
Undedicat-
ed Acres
Total Acres
Fee , Easements and Other
1,355.15 80.12 74.30 0.00 1.93 1.20 0.00 0.00 0.00 0.00 0.00 0.00
1,355.15 82.05 1,437.20Bear Creek Redwoods
0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 1.00 1.00Briggs Creek
507.18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.20
507.18 1.20 508.38Coal Creek
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00Costanoan Way
0.00 0.00 0.00 0.00 0.00 0.00 468.00 0.00 0.00 0.00 0.00 0.00
468.00 0.00 468.00Edgewood County Park
2,902.27 3.80 0.00 0.00 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2,902.27 4.10 2,906.37El Corte de Madera Cre
1,392.83 20.63 0.00 0.12 4.44 0.00 0.00 0.00 0.00 0.00 0.00 0.69
1,392.95 25.76 1,418.71El Sereno
0.00 43.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0.00 43.21 43.21Felton Station
211.28 0.00 0.00 0.00 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
211.28 0.40 211.68Foothills
735.09 0.00 0.00 0.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
735.09 4.00 739.09Fremont Older
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,227.26 0.00
0.00 1,227.26 1,227.26G.G.N.R.A.
3,294.92 2,845.23 2,397.35 0.17 3.00 0.00 0.00 0.38 0.00 0.00 0.00 0.00
3,295.09 2,848.61 6,143.70La Honda Creek
1,928.41 230.99 0.00 13.15 0.00 0.00 0.00 0.00 0.00 39.33 0.00 14.01
1,941.56 284.33 2,225.89Long Ridge
274.31 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
274.31 0.00 274.31Los Trancos
991.63 724.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
991.63 724.00 1,715.63Miramontes Ridge
3,388.70 -11.34 0.00 34.03 28.10 24.90 0.00 0.00 0.00 85.37 0.00 11.89
3,422.73 114.02 3,536.75Monte Bello
Thursday, November 16, 2017 Page 1 of 3
Preserve Dedicated Undedicat-
ed
Intended
Fee Acreage Easements on Private Land
Dedicated Undedicat-
ed
Intended
Easements on Public Land
Dedicated Undedicat-
ed
Intended
Lease and
Manage-
ment
Contribu-
tion Only
Other
Interest
Dedicated
Acres
Undedicat-
ed Acres
Total Acres
Fee , Easements and Other
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 163.86 0.00
0.00 163.86 163.86Moody Gulch
0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.19 0.00 0.00 0.00 0.00
0.00 5.19 5.19Other
307.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
307.89 0.00 307.89Picchetti
365.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.10
365.78 0.10 365.88Pulgas Ridge
3,742.23 1,010.52 84.15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.10
3,742.23 1,010.62 4,752.85Purisima Creek
2,178.53 1.20 0.00 1,515.36 0.50 0.00 0.00 0.00 0.00 292.85 0.00 0.00
3,693.89 294.55 3,988.44Rancho San Antonio
273.67 0.00 0.00 0.00 1.45 0.00 0.00 2.88 0.00 98.00 0.00 0.00
371.67 4.33 376.00Ravenswood
3,013.33 118.19 0.39 0.00 353.00 0.00 0.00 0.00 0.00 0.00 0.00 6.00
3,013.33 477.19 3,490.52Russian Ridge
1,345.57 201.07 0.00 0.00 0.00 0.00 66.00 0.00 0.00 0.00 0.00 0.00
1,411.57 201.07 1,612.64Saratoga Gap
5,058.13 13,412.63 1,634.41 68.42 42.67 20.25 372.00 0.00 0.00 75.65 0.00 1.24
5,498.55 13,532.18 19,030.73Sierra Azul
2,051.53 10.00 0.00 80.97 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2,132.50 10.00 2,142.50Skyline Ridge
173.64 0.00 0.00 94.00 2.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00
267.64 2.50 270.14St. Joseph's Hill
53.74 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
54.74 0.00 54.74Steven's Creek Shorelin
623.76 2.38 2.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
623.76 2.38 626.14Teague Hill
152.22 0.00 0.00 4.55 10.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
156.77 10.00 166.77Thornewood
707.48 952.49 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
707.48 952.49 1,659.97Tunitas Creek
1,304.49 80.71 78.71 5.79 0.00 0.00 23.00 0.00 0.00 0.00 0.00 0.00
1,333.28 80.71 1,413.99Windy Hill
Thursday, November 16, 2017 Page 2 of 3
Preserve Dedicated Undedicat-
ed
Intended
Fee Acreage Easements on Private Land
Dedicated Undedicat-
ed
Intended
Easements on Public Land
Dedicated Undedicat-
ed
Intended
Lease and
Manage-
ment
Contribu-
tion Only
Other
Interest
Dedicated
Acres
Undedicat-
ed Acres
Total Acres
Fee , Easements and Other
38,333.75 19,726.82 4,271.69All Preserves 1,817.56 452.29 46.35 929.00 8.45 0.00 591.20 1,391.12 35.23
41,178.31 22,107.10 63,285.42
Note: Excludes acreage where "Interest Held By Other"
Thursday, November 16, 2017 Page 3 of 3
R-17-136
Meeting 17-31
December 13, 2017
AGENDA ITEM 4
AGENDA ITEM
Proposed Purchase of the Lobitos Creek Conservation and Public Trail Easement from the
Chamberlain/Lundell Trust as an addition to the Purisima Creek Redwoods Open Space
Preserve, located at the end of Lucy Lane in unincorporated San Mateo County (Portion of
Assessor’s Parcel Number 066-320-160).
GENERAL MANAGER’S RECOMMENDATIONS
1.Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Lobitos Creek Conservation and Public
Trail Easement at a cost of $150,000, with a corresponding authorization for a Fiscal Year
2017-2018 budget increase of the same amount.
3. Adopt a Preliminary Use and Management Plan for the property as contained in the staff
report.
4. Indicate the intention to withhold dedication of the Lobitos Creek Conservation and Public
Trail Easement as public open space at this time.
SUMMARY
The General Manager recommends purchase of the 45-acre Lobitos Creek Conservation and
Public Trail Easement (conservation easement) at a purchase price of $150,000 as an addition to
the Purisima Creek Redwoods Open Space Preserve. As part of purchase approval, a line item
budget increase of $150,000 to the Fiscal Year 2017-18 budget is required to proceed with the
acquisition. This Report contains a description of the conservation easement property, a
Preliminary Use and Management Plan, findings of the environmental review, purchase terms
and conditions, and financial considerations.
DISCUSSION
Property Description (see attached Location Map)
The proposed 45-acre conservation easement is adjacent to the 4,752-acre Purisima Creek
Redwoods Open Space Preserve (Preserve). The property is highly visible from Bald Knob and
Lobitos Ridge within the Preserve. Rising about 600 feet in elevation, the property has
panoramic views of the Pacific Ocean, Lobitos Ridge, Bald Knob, and the western Santa Cruz
Mountains.
R-17-136 Page 2
The conservation easement covers 45 acres of the larger 60-acre property located near the eastern
terminus of Lucy Lane, a private road, in an unincorporated area of San Mateo County. Preserve
lands are adjacent to the northeast and southeast. The South Cowell Conservation Easement
(held by Peninsula Open Space Trust) runs along Lobitos Creek and forms the property boundary
to the northwest. Access to the property is via a deeded 50-foot-wide road easement over Lucy
Lane. Highway 1 is approximately one half mile to the west.
Water Resources and Water Rights
The conservation easement area drains to Lobitos Creek, a perennial creek that forms the main
stem of the Lobitos Creek watershed, and contains over 2000 linear feet of creek frontage. The
conservation easement also fronts Rogers Gulch, an intermittent stream along the property’s
eastern boundary. The property contains three springs located outside of the conservation
easement, one of which is developed for domestic use. One undeveloped spring occurs within
the conservation easement. No water is mechanically drawn from either creek.
Habitat and Natural Resources Value
The conservation easement is mostly vegetated in coastal scrub. The District’s Vision Plan
Conservation Atlas indicates that locally uncommon fire-dependent Blueblossom-Jimbrush
chaparral is found in the upper slopes. Lower slopes are densely vegetated with coastal scrub
species, Douglas fir, and eucalyptus. The riparian corridor includes groves of Red Alder,
willows, and other riparian plants. The plant communities provide habitat for varied wildlife,
including coyotes, bobcats, badgers and dusky-footed woodrats. California red-legged frog
inhabit the wetter areas. A wide variety of birds frequent the area, such as Red-shouldered,
Cooper’s, and Sharp-Shinned Hawks. Lobitos Creek provides potential spawning and rearing
habitat for Threatened steelhead trout.
Land Use and Improvements
The underlying parcel was created in the 1970s as part of a subdivision of a 184-acre property
known as the Bell Ranch. The parcel contains a single-family residence in good condition, a
domestic water system based upon one developed spring located outside the conservation
easement, four water storage tanks, and a septic system. The house and improvements are
located on the southwestern knoll of the property outside the conservation easement. The
conservation easement area of the property is vacant with no improvements with the exception of
a bench near the high point of the property.
Conservation Easement
The property possesses significant scenic, open space, riparian habitat, natural, and recreational
values, collectively known as the Conservation Values. The purpose of the conservation
easement is to protect in perpetuity the property’s Conservation Values. In addition to protection
of the Conservation Values, the conservation easement allows the District to perform creek
restoration and other natural resource management activities and for the owner to continue to use
the property for quiet enjoyment and low impact recreation.
The conservation easement includes the typical prohibition of any use or activity that degrades or
is likely to degrade the Conservation Values of the conservation easement. These include such
activities as residential, commercial, or industrial uses, disturbance of wetlands, stream, ponds,
or riparian areas, tree cutting, and dumping. It also prohibits hunting, fishing, grading, sale or
R-17-136 Page 3
transfer of water rights, well drilling or creation of any other water impoundments. Pasturing of
horses or livestock is prohibited except with District approval.
The District has prepared Baseline documentation of the Conservation Values, including an
inventory of relevant features, conditions, and natural resources of the conservation easement
area. The Baseline includes maps, photographs, and other documentation that collectively
provides an accurate representation of the conservation easement as of its effective date. The
Baseline serves as a basis for monitoring compliance with the terms of conservation easement.
At minimum, monitoring of the conservation easement would occur annually.
Public Trail Easement
The conservation easement contains provisions for a possible future public trail. The trail may
be located within the conservation easement for public recreational use, and for District patrol
and emergency access. The location and design of the future trail is subject to a separate
planning process and environmental review. Construction and maintenance of the trail would be
the responsibility of the District.
COASTAL ANNEXATION AREA SERVICE PLAN COMPLIANCE
The conservation easement is within the boundaries of the District’s Service Plan for the San
Mateo County Coastal Annexation Area (Service Plan), adopted June 2003. The Service Plan
and subsequent conditions approved by San Mateo Local Agency Formation Commission
(LAFCo) established policies and procedures for conducting the Coastside Protection Program
(Program). The Program guides the District’s purchase, as well as the use and management of
open space land within the Service Plan Area.
The Service Plan requires solicitation of public input into the planning process prior to the
Board’s consideration of an acquisition. On November 16, 2017, the District notified contiguous
property owners and interested parties in writing of the intent to acquire the conservation
easement and on opportunities to provide comment. On November 21, 2017, the District’s Real
Property Committee held a publically noticed meeting to review the proposed purchase (refer to
section on Board Committee Review for more information).
The District’s coastside land purchases are subject to a Memorandum of Understanding between
the San Mateo County Farm Bureau and the District. In accordance with this memorandum,
District staff presented information and solicited comments on the proposed conservation
easement purchase at a regularly scheduled Farm Bureau meeting on November 6, 2017. The
Farm Bureau was supportive of the purchase.
USE AND MANAGEMENT
Planning Considerations
The property is comprised of one legal 60-acre parcel, located in unincorporated San Mateo
County. The parcel has a General Plan designation of Agriculture-Grazing, with a zoning
designation of PAD-CD (Planned Agriculture District - Coastal District). Per the California
Farmland Mapping and Monitoring Program, the property is suitable for grazing. However, no
grazing or other agricultural use has occurred on the property in over 40 years and the property is
not under voluntary restrictions of the Land Conservation Agreement under the California Land
Conservation Act of 1965 (Williamson Act). Per the San Mateo County General Plan,
R-17-136 Page 4
recreation, open space, and natural preserves are allowable uses in rural land use areas with a
PAD-CD designation. Per Zoning Regulations Section 6353, any development related to
recreational use in a PAD is subject to the issuance of a Planned Agricultural Permit.
If purchased, the conservation easement would be incorporated into Purisima Creek Redwoods
Open Space Preserve and a Preliminary Use and Management Plan implemented. When
undertaken, a subsequent planning process that includes this property would analyze
opportunities for natural resource management and compatible public use. Further environmental
review would be prepared as needed. Subsequent planning would be in accordance with the
District’s Service Plan, including consultation with appropriate agencies and organizations.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan (PUMP) establishes a status quo land management
approach in the interim between the purchase and the completion of a subsequent long-term plan.
The PUMP would take effect at the close of escrow and remains effective until it is amended or a
Comprehensive Use and Management Plan or Preserve Plan is approved for the Preserve. The
PUMP includes site security, new signage, and maintenance of the property in its natural
condition, as described more fully below. If changes to land use or the environment are proposed
in the future, the plan would be subject to further environmental review and public input.
Public Access: Designate the property as closed to public use at this time.
Signs and Site
Security:
Install signs in accordance with terms of the conservation easement
indicating that the property is protected by the District, if and when
necessary.
Patrol: Conduct visual inspection of the conservation easement from access along
Lucy Lane and vantage points within the surrounding Preserve as a part of
routine patrol.
Roads and
Trails:
Monitor the conservation easement to ensure that the maintenance of
existing trails are compatible with the terms of the conservation easement.
Construction of new roads or trails is subject to District approval.
Water Rights
and Resources
Monitor the conservation easement to ensure protection of water rights and
resources.
Resource
Management:
Perform creek restoration and other resource management activities in
accordance with the terms of the conservation easement. Resource
management activities covered by previously approved programmatic
CEQA documents and/or are categorically exempt from CEQA may be
conducted. Resource management activities not evaluated in a
programmatic document or exempt from CEQA require separate project-
specific review and permitting. Provide owner reasonable prior notice of
such management and restoration activities and do not unreasonably
interfere with owner's use and quiet enjoyment of the conservation
easement area.
Wildfire Fuel
Management:
Monitor conservation easement to ensure adherence to District fuel
management and defensible space practices.
Site Safety
Inspection:
A preliminary site safety inspection was conducted and no safety hazards
were identified within the conservation easement area.
R-17-136 Page 5
Baseline
Conditions
Continue to maintain Baseline Conditions documents prepared for the
conservation easement to serve as a basis for monitoring compliance with
the terms of conservation easement.
Easement
Monitoring
Conduct regular inspections of the conservation easement area to monitor
the easement and ensure compliance with the conservation easement terms
and conditions. At minimum, easement monitoring shall occur annually.
Provide owner reasonable prior notice of such visits and do not
unreasonably interfere with the use of the easement area by the owner or
its lessees.
Name: Name the property as an addition to Purisima Creek Redwoods Open
Space Preserve.
Dedication: Indicate the Board’s intention to withhold dedication of the conservation
easement for public open space and park purposes at this time.
Subsequent
Planning:
A subsequent planning process that includes this property may be
undertaken and may analyze additional opportunities for natural resource
management and implementation of the Public Trail component of the
conservation easement. Further environmental review will be prepared as
needed. Subsequent planning will be in accordance with the District’s
Service Plan and Environmental Impact Report, including consultation
with appropriate agencies and organizations.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of the 45-acre Lobitos Creek Conservation and Public Trail
Easement as an addition to the District’s open space preserve system, and concurrent adoption of
a Preliminary Use and Management Plan. Minor erosion control and sediment control measures
in accordance with District and Service Plan standards may be conducted along the existing
access route to prevent erosion and water quality degradation. Resource management activities
covered by previous programmatic CEQA documents and/or are categorically exempt from
CEQA may be conducted. Resource management activities not evaluated in a programmatic
document or exempt from CEQA will require separate project-specific review and permitting.
The land would be preserved as open space and maintained in a natural condition.
The property is within the boundaries of the District’s Service Plan for the San Mateo County
Coastal Annexation Area. The Service Plan and Final Environmental Impact Report (FEIR)
incorporated policies, guidelines, and mitigations to ensure compatibility with the County
General Plan and Local Coastal Plan. Actions proposed to purchase the property and implement
the Preliminary Use and Management Plan are in compliance with the Service Plan and FEIR.
Uses proposed are in compliance with the San Mateo County’s General Plan.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act (CEQA) under Article 19,
Sections 15316 and 15325 of the CEQA Guidelines as follows:
Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural
condition and the management plan proposes to keep the area in a natural condition. The
R-17-136 Page 6
Preliminary Use and Management Plan specifies that the land will not be developed and will
remain in a natural condition.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. The acquisition of the conservation easement will transfer a significant interest in the
property to the District and ensure that the open space will be preserved. The Preliminary Use
and Management Plan ensures that the property is preserved as open space by incorporating it
into Purisima Creek Redwoods Open Space Preserve.
TERMS AND CONDITIONS
The 45-acre Lobitos Creek Conservation and Public Trail Easement has a proposed purchase
price of $150,000 (approximately $3,333 per acre), based upon a fair market value appraisal
commissioned by the District.
The conservation easement grants the District the right to enhance and restore the riparian habitat
of Lobitos Creek, including removal of invasive plants and revegetation, and the monitoring of
stream flows. In addition, the conservation easement provides for the development of a future
public trail below the improved residence area and at least 100 feet above Lobitos Creek. The
public trail uses include hiking, equestrian use, and mountain bicycling.
FISCAL IMPACT
If the purchase of the conservation easement is approved, a budget increase of $150,000 to the
FY2017-18 Land Purchases budget is required.
Lobitos Creek Conservation Easement Property Purchase Amount $ 140,000
Lobitos Creek Conservation Easement Option Deposit $ 10,000
Total Land purchases approved to date for FY 2017-18 $ 441,000
Total Land Purchases (if approved) $ 591,000
The following table outlines the Measure AA Portfolio 03 budget, costs to date, and the fiscal
impact related to the Lobitos Creek Conservation Easement Purchase:
MAA03 Portfolio Allocation: $7,608,000
Life-to-Date Spent
(as of 11/22/2017, less $10,000 deposit):
$614,781
Lobitos Creek Conservation Easement Purchase: $150,000
Balance Remaining (Proposed): $6,843,219
No other capital costs are required as part of the purchase.
Current Coastside Protection Area Fiscal Considerations
The property is not located within the service area of San Mateo County Fire or the La Honda-
Pescadero Unified School District. Therefore, the District is not required to pay any County Fire
or La Honda-Pescadero School fees.
R-17-136 Page 7
BOARD COMMITTEE REVIEW
The District’s Real Property Committee held a meeting on November 21, 2017 to review
information about the property and receive public input on the proposed purchase. The District
distributed a notice of the meeting on November 16, 2017 to property owners located adjacent to
or surrounding the subject property, and to interested parties. Staff provided a presentation of
the conservation easement, reviewed the purchase terms, and described how the property would
be managed as an addition to the adjacent Preserve. No members of the public attended. The
Real Property Committee approved a recommendation to the District Board of Directors that this
conservation easement be purchased in a vote of 2-0 (one member was absent).
PUBLIC NOTICE
Property owners of land located adjacent to or surrounding the subject property, the Coastside
Protection Area mailing list, and recipients of the November 21, 2017 Real Property Committee
meeting agenda have been mailed a copy of this agenda. Accordingly, all notice required by the
Brown Act and the Coastal Protection Program has been provided.
NEXT STEPS
Upon approval by the Board of Directors, staff would proceed with the close of escrow for the
purchase of the conservation easement and take the next steps identified in the Preliminary Use
and Management Plan as contained in this report. Staff will conduct annual easement
monitoring of the property. The fee owner of the property will be invited to accompany staff on
annual easement monitoring inspections. The District’s Skyline Field Office would manage the
property as an addition to Purisima Creek Redwoods Open Space Preserve.
Attachments:
1. Resolution – Authorizing Acceptance of Purchase and Sale Agreement, Authorizing
General Manager or Other Officer to Execute Certificate of Acceptance of Grant of
Conservation and Public Trail Easement to District, and Authorizing General Manager to
Execute Any and All Other Documents Necessary or Appropriate to Closing of the
Transaction (Purisima Creek Redwoods Open Space Preserve – Lobitos Creek
Conservation and Public Trail Easement Lands of Chamberlain/Lundell Trust)
2. Location Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Michael Williams, Real Property Manager
Elish Ryan, Real Property Planner III
Alicia Halpern, Planner I
Graphics prepared by:
Nathan Greig, GIS Data Analyst I
ATTACHMENT 1
RESOLUTION NO. 17-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
APPROVAL OF THE PURCHASE AND SALE AGREEMENT WITH JO
CHAMBERLAIN AND JONATHAN K. LUNDELL, TRUSTEES OF THE
CHAMBERLAIN LUNDELL TRUST AGREEMENT DATED
SEPTEMBER 26, 2008, AUTHORIZE THE GENERAL MANAGER TO EXECUTE AND ACCEPT THE GRANT OF CONSERVATION AND PUBLIC TRAIL EASEMENT, AND AUTHORIZING THE GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO THE CLOSING OF THE
TRANSACTION (LOBITOS CREEK CONSERVATION EASEMENT
LANDS OF CHAMBERLAIN LUNDELL TRUST), AND AMEND THE BUDGET FOR FISCAL YEAR 2017-18.
The Board of Directors of Midpeninsula Regional Open Space District does resolve as
follows:
SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept the offer contained in that certain Purchase and Sale Agreement with
the Jo Chamberlain and Jonathan K. Lundell, Trustees of the Chamberlain Lundell Trust
Agreement dated September 26, 2008 (“Seller”) and the Midpeninsula Regional Open Space
District (“Agreement”) to purchase a Grant of Conservation and Public Trail Easement
(“Conservation Easement”), as attached hereto and by reference made a part hereof, and
authorizes the President of the Board of Directors or other appropriate officer to execute the
Agreement on behalf of the District to acquire the Conservation Easement covering a portion of
the Seller’s Property described therein.
SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space
District authorizes the expenditure of $150,000.00 covering the purchase of the Conservation
Easement, including a deposit of $10,000.00.
SECTION THREE. The Board of Directors of Midpeninsula Regional Open Space
District authorizes amending the Budget and Action Plan for the Midpeninsula Regional Open
Space District for Fiscal Year 2017-18 by increasing the Measure AA Fund Capital budget in the
amount of $150,000.00. Except as herein modified, the FY 2017-18 Budget and Action Plan,
Resolution No. 17-14 as amended, shall remain in full force and effect.
SECTION FOUR. The General Manager, President of the Board of Directors or other
appropriate officer is authorized to execute Certificates of Acceptance for the Grant of
Conservation Easement on behalf of the District.
SECTION FIVE. The General Manager or the General Manager’s designee is
authorized to expend up to $5,000.00 to cover the cost of title insurance, escrow fees, and other
miscellaneous costs related to this transaction.
SECTION SIX. The General Manager or the General Manager’s designee shall cause to
be given appropriate notice of acceptance to Seller. The General Manager of the General
Manager’s designee is further authorized to execute any and all other documents in escrow
necessary or appropriate to the closing of the transaction.
SECTION SEVEN. The General Manager and General Counsel are further authorized
to approve any technical revisions to the attached Agreement, Conservation Easement, and other
documents in escrow which do not involve any material change to any term of the Agreement or
Conservation Easement, which are necessary or appropriate to the closing or implementation of
this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2017, 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
Proposed House
Site Exclusion Area,
15 +/- acres
Proposed Conservation
Easement Area,
45 +/- acres
RIGGS
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Purisima Creek Redwoods OSP
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Chamberlain/Lundell Property
Non-MROSD Easement over Private Property
ATTACHMENT 2
R-17-140
Meeting 17-31
December 13, 2017
AGENDA ITEM 5
AGENDA ITEM
Contract Renewals for Printing and Mailing Services
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to renew the contracts for printing and mailing services with
Patsons Press and Dakota Press for amounts not-to-exceed $150,000 (each) through the end of
Fiscal Year 2018-2019.
SUMMARY
The Public Affairs Department conducts a competitive proposal process for District printing
services every three years . The District’s printed products include the Views quarterly
newsletter, brochures, maps, postcards, letterhead, business cards, and other special printing
projects. Although the District emphasizes the green practice of using electronic communication
and recycling maps and brochures, certain items do require paper use. Staff conducted a
competitive proposal process in 2016 for Fiscal Year (FY) 2016-17, which included the option to
renew the contracts for two additional years as long as contractor performance continues to meet
District needs and standards. Funds for the recommended contracts are included in the FY2017-
18 Budget. Funds for subsequent fiscal years would be included in future budgets.
DISCUSSION
At its July 13, 2016 meeting (see Report R-16-86), the Board authorized the General Manager to
contract with Patsons Press (Patsons) of Santa Clara, Dakota Press (Dakota) of San Leandro, and
ImageX of Pleasanton for an amount not-to-exceed $150,000 (each). Public Affairs does not
anticipate spending the entire amount of the contracts, but the higher contract amounts will
provide flexibility in ensuring the District is receiving the best quality for the lowest price. Staff
has worked with Patsons Press and Dakota Press over the last year and is satisfied with their
services and the value provided. Both firms have delivered a high level of customer service and
continue to meet District needs and standards. Staff recommends renewing the contracts with
Patsons and Dakota for printing and mailing services for an amount not-to-exceed $150,000
(each) through the end of FY2018-19. During the past year, ImageX has provided quotes on
multiple District projects and staff has not found them to be comparable in cost and quality than
other two firms. Staff does not recommend renewing the contract with ImageX at this time.
R-17-140 Page 2
FISCAL IMPACT
There are sufficient funds in the FY2017-18 budget to cover the cost of expected printing and
mailing projects completed through June 30. Subsequent fiscal year budgets would include
additional allocations to fund the remaining work under each contract.
BOARD COMMITTEE REVIEW
Board Committee review of this item is not required.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act (CEQA)
and no environmental review is required.
NEXT STEPS
Pending Board approval, the General Manager will execute the printing and mailing services
contract renewals, and Public Affairs staff will implement on an ongoing basis the printing
projects planned for the contract timeline.
Responsible Department Manager:
Christine Butterfield, Acting Assistant General Manager
Prepared by:
Peggy Gibbons, Public Affairs Specialist II
R-17-141
Meeting 17-31
December 13, 2017
AGENDA ITEM 6
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Counsel
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2016-17, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the General Counsel for Fiscal Year 2017-18: Increase the General
Counsel’s base salary by 3% to $229,439 plus a one-time merit pay bonus of $11,472.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed an
evaluation of the performance of the General Counsel for Fiscal Year 2016-17. The evaluation
occurred during several meetings in June through November 2017.
The Board believes the District’s General Counsel (GC) consistently exceeded expectations
during this review period. She met or exceeded all of her performance objectives in addition to
her many unplanned accomplishments that developed during the year. She continued to bring
deep knowledge, broad experience, and consistent professionalism to the District’s GC position.
The Board feels that she consistently anticipated legal issues confronting the District and
prepared the Board in advance with sound options and recommendations. She also consistently
listened to the Board’s direction and incorporated our recommendations into her approach. Her
recommendations were the right balance of legal prudence, appropriate risk management, and an
orientation to helping the District’s achieve its annual action plan. She managed the General
Counsel’s Office appropriately with on-going mentorship for the Assistant GC, maintained the
appropriate level of support for the District staff, and continued the strong working relationship
with the General Manager’s Office. She did an excellent job of finding and effectively managing
highly qualified outside counsel as needed. She also continued to provide excellent legal
R-17-141 Page 2
services with a very lean staffing model for an agency of our size.
The Board has appreciated our GC’s proactive approach in helping find her replacement and plan
accordingly for the transition. Her service to the District during her 5-year tenure has been
extremely valuable especially during the incredible changes to the District’s business model,
organizational structure, and operational approach. The Board is tremendously appreciative of all
of her efforts and results to help the District accomplish its mission.
BOARD COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the General Counsel: Total of the annual salary plus adjustment = $229,439 with a one-time
merit pay bonus of $11,472.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
Attachments:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General
Counsel
2. Revised Classification and Compensation Plan
Submitted by: Board Appointee Evaluation Committee
Director Kishimoto
Director Hassett
Director Riffle, Chair
Staff Contact:
Candice Basnight, Human Resources Manager
Alicia Gonzales, Human Resources Supervisor
Resolutions/2016/16-__GeneralCounselSalaryAdjustment 1
RESOLUTION NO. 17-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT
PAY BONUS FOR THE DISTRICT GENERAL COUNSEL
WHEREAS, effective March 19, 2012, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Counsel Employment Agreement
(“Agreement”) with Sheryl Schaffner, employing her as the District's General Counsel; and
WHEREAS, the Agreement provides for an annual review of the General Counsel’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the General Counsel’s
performance, in recognition of her performance during Fiscal Year 2016-2017 and to bring her
compensation with the comparable market median, desires to grant an adjustment to the General
Counsel’s base salary upward to $229,439 plus a one-time merit pay bonus of $11,472 given her
excellent results.
The Board is particularly pleased with the General Counsel’s outstanding efforts and
excellent results during this review period, and her dedication on behalf of the District over the
last five years leading up to her retirement at the end of 2017.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this
resolution an adjustment to her base salary up to $229,439, retroactive to July 1, 2017 for Fiscal
Year 2017-18, authorizes the President of the Board of Directors or other authorized Board
Officer to execute an Amendment to the District General Counsel Employment Agreement
reflecting that increase, and further grants a one-time merit pay bonus of $11,472.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2017, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT 1
Resolutions/2016/16-__GeneralCounselSalaryAdjustment 2
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
Step Full/PT
Range #Minimum Maximum Minimum Maximum Minimum Maximum Time
Seasonal Open Space Technician 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT
Seasonal Ranger Aide 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT
Seasonal Ranger 16 25.6558 32.0308 4,447 5,552 53,364 66,624 PT
Farm Maintenance Worker 19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT
Open Space Technician*19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT
Administrative Assistant 20 28.2865 35.3077 4,903 6,120 58,836 73,440 FT
Accounting Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
Human Resources Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
Information Technology Technician I 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
GIS Technician 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Lead Open Space Technician*23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Volunteer Program Lead 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Risk Management Coordinator 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT
Senior Administrative Assistant 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT
Public Affairs Program Coordinator 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT
Ranger 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT
Senior Finance & Accounting Technician 26 32.7288 40.8750 5,673 7,085 68,076 85,020 FT
Equipment Mechanic/Operator 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Executive Assistant 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Information Technology Technician II 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Lead Ranger 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Public Affairs Specialist I 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Property Management Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT
Real Property Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT
Executive Assistant/Deputy District Clerk 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT
Planner I 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT
Data Analyst I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Docent Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Resource Management Specialist I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Volunteer Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Accountant 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Capital Project Manager II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Planner II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Management Analyst I 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Data Analyst II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT
Resource Management Specialist II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT
Grants Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Maintenance, Construction & Resource Supv.35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Management Analyst II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Procurement & Contracting Agent/Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Property Management Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Real Property Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Supervising Ranger 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Training & Safety Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Applications Engineer 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT
Public Affairs Specialist II 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT
Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN
Fiscal Year 2017/2018 - Effective 12/13/2017 (Pay Period 17-26)
Last revised: 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16, 8/29/16, 7/01/16, 4/28/2016, 4/14/16, 2/11/16
Classification Title Hourly Range $Monthly Range $Annual Range $
ATTACHMENT 2
Data Administrator 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Governmental Affairs Specialist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Senior Technologist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Facilities Maintenance Supervisor 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Capital Projects Field Manager 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Capital Project Manager III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Planner III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Public Affairs Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Resource Management Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Senior Property Management Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Senior Real Property Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Special Projects Manager 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Senior Accountant 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT
Senior Management Analyst 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT
Area Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Area Superintendent 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
District Clerk/Assistant to General Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
GIS Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Information Technology Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Human Resources Supervisor 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Capital Project Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Planner 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Resource Management Specialist 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Budget & Analysis Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Finance Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Human Resources Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Information Systems & Technology Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Engineering & Construction Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Land & Facilities Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Natural Resources Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Operations Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Planning Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Public Affairs Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Real Property Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Visitor Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Assistant General Counsel I 53 63.2596 79.0096 10,965 13,695 131,580 164,340 FT
Assistant General Counsel II 55 66.4269 82.9615 11,514 14,380 138,168 172,560 FT
Assistant General Manager 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT
Chief Financial Officer/Director Administrative
Services 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT
* OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A.
Board Appointee Group Compensation Hourly Monthly Annual Effective
General Manager $122.6077 $21,252 $255,024 12/13/2017
Controller - Part-time position $84.9750 $3,682 $44,187 12/13/2017
General Counsel $110.3072 $19,120 $229,439 12/13/2017
Elected Officials Compensation
Board Director 1/1/2006
Monthly MaximumPer Meeting
$100.00 $500.00
Last Revised
7/1/2016
11/1/2016
7/1/2016
Effective Date
R-17-142
Meeting 17-31
December 13, 2017
AGENDA ITEM 7
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
Controller
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2016-17, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the Controller for Fiscal Year 2017-18: Increase the Controller’s
base salary by 3% to $44,187 plus a one-time merit pay bonus of $2,209.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed an
evaluation of the performance of the Controller for Fiscal Year 2016-17. The evaluation
occurred during several meetings in June through November, 2017.
The Board feels that the District’s Controller consistently exceeded expectations during this
review period. He met or exceeded all of his performance objectives in addition to several
unplanned accomplishments that developed during the year. He continued to provide his
incredibly valuable long-term financial guidance that has served the District so well for over 35
years. This has been especially appreciated by the Board during this 30-month period which has
been characterized by dramatic changes to the District’s business model, organizational
structure, and operational approach. He has continued to provide pragmatic advice and support
to the Board while helping to grow and structure the District’s financial operation. His guidance
with the District’s multiple successful bond sales has been instrumental in providing the financial
basis for the District’s fast start in accomplishing the Measure AA goals. The Board also really
appreciated his extra effort in providing coverage for the District’s CFO position during the
District’s current CFO’s medical leave of absence.
R-17-142 Page 2
The District is extremely fortunate to have such a valuable employee who has consistently
provided sound advice to the Board and to the staff during his long tenure as our Controller.
BOARD COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the Controller: Total of the annual salary = $44,187 with a one-time merit pay bonus of
$2,209.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
Attachments:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for the
Controller
2. Revised Classification and Compensation Plan
Submitted by:
Board Appointee Evaluation Committee
Director Kishimoto
Director Hassett
Director Riffle, Chair
Staff Contact:
Candice Basnight, Human Resources Manager
Alicia Gonzales, Human Resources Supervisor
Resolutions/2016/16-__ControllerSalaryAdjustment 1
RESOLUTION NO. 17-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT
PAY BONUS FOR THE DISTRICT CONTROLLER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional
Open Space District entered into a District Controller Employment Agreement (“Agreement”)
with Michael L. Foster, employing him as the District's District Controller; and
WHEREAS, the Agreement provides for an annual review of the District Controller’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the Controller’s performance,
desires to grant him an adjustment to his base salary, to $44,187 per year, with a one-time merit
pay bonus of $2,209 in recognition of his performance during Fiscal Year 2016-2017;
The Board feels that the District’s Controller consistently exceeded expectations during this
review period. He met or exceeded all of his performance objectives in addition to several
unplanned accomplishments that developed during the year. He continued to provide his
incredibly valuable long-term financial guidance that has served the District so well for over 35
years.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the Controller by adoption of this
resolution to adjust his annual salary to $44,187 per year, retroactive to July 1, 2017 for Fiscal
Year 2017-18, authorizes the President of the Board of Directors or other authorized Board
Officer to execute an Amendment to the District Controller Employment Agreement reflecting
that adjustment, and further grants a one-time merit pay bonus of $2,209.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2017, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT 1
Resolutions/2016/16-__ControllerSalaryAdjustment 2
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
Step Full/PT
Range #Minimum Maximum Minimum Maximum Minimum Maximum Time
Seasonal Open Space Technician 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT
Seasonal Ranger Aide 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT
Seasonal Ranger 16 25.6558 32.0308 4,447 5,552 53,364 66,624 PT
Farm Maintenance Worker 19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT
Open Space Technician*19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT
Administrative Assistant 20 28.2865 35.3077 4,903 6,120 58,836 73,440 FT
Accounting Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
Human Resources Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
Information Technology Technician I 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
GIS Technician 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Lead Open Space Technician*23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Volunteer Program Lead 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Risk Management Coordinator 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT
Senior Administrative Assistant 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT
Public Affairs Program Coordinator 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT
Ranger 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT
Senior Finance & Accounting Technician 26 32.7288 40.8750 5,673 7,085 68,076 85,020 FT
Equipment Mechanic/Operator 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Executive Assistant 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Information Technology Technician II 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Lead Ranger 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Public Affairs Specialist I 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Property Management Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT
Real Property Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT
Executive Assistant/Deputy District Clerk 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT
Planner I 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT
Data Analyst I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Docent Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Resource Management Specialist I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Volunteer Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Accountant 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Capital Project Manager II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Planner II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Management Analyst I 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Data Analyst II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT
Resource Management Specialist II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT
Grants Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Maintenance, Construction & Resource Supv.35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Management Analyst II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Procurement & Contracting Agent/Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Property Management Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Real Property Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Supervising Ranger 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Training & Safety Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Applications Engineer 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT
Public Affairs Specialist II 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT
Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN
Fiscal Year 2017/2018 - Effective 12/13/2017 (Pay Period 17-26)
Last revised: 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16, 8/29/16, 7/01/16, 4/28/2016, 4/14/16, 2/11/16
Classification Title Hourly Range $Monthly Range $Annual Range $
ATTACHMENT 2
Data Administrator 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Governmental Affairs Specialist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Senior Technologist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Facilities Maintenance Supervisor 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Capital Projects Field Manager 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Capital Project Manager III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Planner III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Public Affairs Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Resource Management Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Senior Property Management Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Senior Real Property Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Special Projects Manager 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Senior Accountant 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT
Senior Management Analyst 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT
Area Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Area Superintendent 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
District Clerk/Assistant to General Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
GIS Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Information Technology Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Human Resources Supervisor 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Capital Project Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Planner 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Resource Management Specialist 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Budget & Analysis Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Finance Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Human Resources Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Information Systems & Technology Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Engineering & Construction Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Land & Facilities Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Natural Resources Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Operations Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Planning Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Public Affairs Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Real Property Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Visitor Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Assistant General Counsel I 53 63.2596 79.0096 10,965 13,695 131,580 164,340 FT
Assistant General Counsel II 55 66.4269 82.9615 11,514 14,380 138,168 172,560 FT
Assistant General Manager 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT
Chief Financial Officer/Director Administrative
Services 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT
*OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A.
Board Appointee Group Compensation Hourly Monthly Annual Effective
General Manager $122.6077 $21,252 $255,024 12/13/2017
Controller - Part-time position $84.9750 $3,682 $44,187 12/13/2017
General Counsel $110.3072 $19,120 $229,439 12/13/2017
Elected Officials Compensation
Board Director 1/1/2006
Monthly MaximumPer Meeting
$100.00 $500.00
Last Revised
7/1/2016
11/1/2016
7/1/2016
Effective Date
R-17-143
Meeting 17-31
December 13, 2017
AGENDA ITEM 8
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Manager
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2016-17, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the General Manager for Fiscal Year 2017-18: Increase the
General Manager’s base salary by 3% to $255,024, plus a one-time merit pay bonus of $12,751.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed an
evaluation of the performance of the General Manager for Fiscal Year 2016-17. The evaluation
occurred during several meetings in June through November, 2017.
The Board feels that the District’s General Manager’s (GM) performance consistently exceeded
expectations during this review period. He met or exceeded his performance objectives for the
year and had many unplanned accomplishments during the year as well. He continued to work
very closely and effectively with the Board and translated the Board’s policies and direction into
action and accomplishments through the District’s staff. He continued to show strong executive
leadership through the incredible changes to the District’s business model, organizational
structure, and operational approach. He developed his staff into a very effective management
team which allowed for much faster decision-making as well as provided management depth.
He was able to focus more of his time externally on higher-level opportunities with partner
organizations, long-term policies, and legislation that will serve the District well into the future.
This was a capstone year for one of the greatest transformations of the District, and the District
GM’s leadership played a crucial role. As the full implementation of FOSM is now largely in
R-17-143 Page 2
place and Measure AA projects and funding have been defined with many completed and/or
underway, the District is well positioned to continue making significant progress in fulfilling its
mission over the next decade.
As the District’s current GM prepares for his retirement from the District at the end of 2017, he
is leaving the District as a much more capable, versatile, and effective organization that is
arguably one of the best open space special districts in the U.S. The Board is grateful for his
dedication, vision, professionalism, creativity, and incredible passion for the District’s mission
throughout his 9+ years as the District’s third general manager.
BOARD COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the General Manager: Total of the annual salary plus adjustment = $255,024 with a one-time
merit pay bonus of $12,751.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
Attachments:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for the
General Manager
2. Revised Classification and Compensation Plan
Submitted by: Board Appointee Evaluation Committee
Director Kishimoto
Director Hassett
Director Riffle, Chair
Staff Contact:
Candice Basnight, Human Resources Manager
Alicia Gonzales, Human Resources Supervisor
Resolutions/2016/16-__GenlMgrSalaryAdjustment 1
RESOLUTION NO. 17-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT
PAY BONUS FOR THE DISTRICT GENERAL MANAGER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional
Open Space District entered into a District General Manager Employment Agreement
(“Agreement”) with Stephen E. Abbors, employing him as the District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the General Manager’s
performance, in recognition of his performance during Fiscal Year 2016-2017 and to bring his
compensation closer to the comparable median, desires to grant the General Manager an
adjustment to the General Manager’s base salary upward to $255,024, plus a one-time merit pay
bonus of $12,751.
The Board feels that the District’s General Manager’s performance consistently exceeded
expectations during this review period. He met or exceeded his performance objectives for the
year and had many unplanned accomplishments during the year as well. This was a capstone
year for one of the greatest transformations in the history of the District, and the District General
Manager’s leadership played a crucial role. The District is well positioned to continue making
significant progress in fulfilling its mission over the next decade.
As the District’s current General Manager prepares for his retirement from the District at the end
of 2017, he is leaving the District as a much more capable, versatile, and effective organization.
The Board is grateful for his dedication, vision, professionalism, creativity, and incredible
passion for the District’s mission throughout his 9+ years as the District’s third general manager.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Manager by adoption of this
resolution an adjustment to his base salary up to $255,024 retroactive to July 1, 2017 for Fiscal
Year 2017-18, authorizes the President of the Board of Directors or other authorized Board
Officer to execute an Amendment to the District General Manager Employment Agreement
reflecting that increase, and further grants a one-time merit pay bonus of $12,751.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2017, at a regular meeting thereof, by the following vote:
AYES:
ATTACHMENT 1
Resolutions/2016/16-__GenlMgrSalaryAdjustment 2
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
Step Full/PT
Range #Minimum Maximum Minimum Maximum Minimum Maximum Time
Seasonal Open Space Technician 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT
Seasonal Ranger Aide 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT
Seasonal Ranger 16 25.6558 32.0308 4,447 5,552 53,364 66,624 PT
Farm Maintenance Worker 19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT
Open Space Technician*19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT
Administrative Assistant 20 28.2865 35.3077 4,903 6,120 58,836 73,440 FT
Accounting Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
Human Resources Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
Information Technology Technician I 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT
GIS Technician 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Lead Open Space Technician*23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Volunteer Program Lead 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT
Risk Management Coordinator 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT
Senior Administrative Assistant 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT
Public Affairs Program Coordinator 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT
Ranger 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT
Senior Finance & Accounting Technician 26 32.7288 40.8750 5,673 7,085 68,076 85,020 FT
Equipment Mechanic/Operator 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Executive Assistant 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Information Technology Technician II 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Lead Ranger 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Public Affairs Specialist I 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT
Property Management Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT
Real Property Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT
Executive Assistant/Deputy District Clerk 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT
Planner I 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT
Data Analyst I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Docent Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Resource Management Specialist I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Volunteer Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT
Accountant 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Capital Project Manager II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Planner II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Management Analyst I 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT
Data Analyst II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT
Resource Management Specialist II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT
Grants Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Maintenance, Construction & Resource Supv.35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Management Analyst II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Procurement & Contracting Agent/Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Property Management Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Real Property Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Supervising Ranger 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Training & Safety Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT
Applications Engineer 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT
Public Affairs Specialist II 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT
Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN
Fiscal Year 2017/2018 - Effective 12/13/2017 (Pay Period 17-26)
Last revised: 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16, 8/29/16, 7/01/16, 4/28/2016, 4/14/16, 2/11/16
Classification Title Hourly Range $Monthly Range $Annual Range $
ATTACHMENT 2
Data Administrator 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Governmental Affairs Specialist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Senior Technologist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT
Facilities Maintenance Supervisor 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Capital Projects Field Manager 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Capital Project Manager III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Planner III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Public Affairs Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Resource Management Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT
Senior Property Management Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Senior Real Property Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Special Projects Manager 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT
Senior Accountant 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT
Senior Management Analyst 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT
Area Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Area Superintendent 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
District Clerk/Assistant to General Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
GIS Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Information Technology Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Human Resources Supervisor 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Capital Project Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Planner 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Senior Resource Management Specialist 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT
Budget & Analysis Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Finance Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Human Resources Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Information Systems & Technology Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT
Engineering & Construction Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Land & Facilities Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Natural Resources Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Operations Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Planning Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Public Affairs Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Real Property Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Visitor Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT
Assistant General Counsel I 53 63.2596 79.0096 10,965 13,695 131,580 164,340 FT
Assistant General Counsel II 55 66.4269 82.9615 11,514 14,380 138,168 172,560 FT
Assistant General Manager 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT
Chief Financial Officer/Director Administrative
Services 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT
*OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A.
Board Appointee Group Compensation Hourly Monthly Annual Effective
General Manager $122.6077 $21,252 $255,024 12/13/2017
Controller - Part-time position $84.9750 $3,682 $44,187 12/13/2017
General Counsel $110.3072 $19,120 $229,439 12/13/2017
Elected Officials Compensation
Board Director 1/1/2006
Monthly MaximumPer Meeting
$100.00 $500.00
Last Revised
7/1/2016
11/1/2016
7/1/2016
Effective Date
DATE: December 13, 2017
TO: Board of Directors
THROUGH: Steve Abbors, General Manager
FROM: Susan Weidemann, Property Management Specialist II
SUBJECT: Picchetti Winery Eucalyptus Tree Removal
District staff are contracting for the removal of a large decaying eucalyptus tree located at
Picchetti Winery that is a safety hazard.
Background
In late August of this year, Ms. Pantling (tenant) contacted District staff to report that the very
large eucalyptus tree located near the parking area and the trailhead of the Zinfandel Trail
appeared to be leaning. Additionally, she stated that a portion of the trunk had split and revealed
a large hollow opening. Squirrels have been actively burrowing and building nests in the
opening. Staff engaged a certified arborist to evaluate the tree. The arborist’s report stated that
the tree is in very poor health. The large cavity and the discovery of live fruiting bodies on the
north side of the tree suggest the presence of Sulfur or Bracket fungus. This fungus is a rapid
wood-decaying disease. The large cavity is approximately one-third of the entire base of the tree,
which means the entire load of the tree has shifted to the east side of the tree where root stress is
evident and will result in the tree’s collapse. The tree is a safety hazard to visitors to the preserve
and Picchetti Winery.
Staff contacted seven tree care companies and received two written bids; one from Davey Tree at
$49,720 (not including stump removal) and one from Bay Area Tree Specialists at $25,000
(including stump removal). Staff selected Bay Area Tree Specialists to cut and remove the tree,
grind the stump and remove the debris. The contractor is scheduled to remove the tree in early
January.
The tenant has roped off the area under the tree. Staff posted signs to notify the public why the
District is removing the tree. Additionally, staff sent a letter to neighbors whose line-of-sight
may include this tree. To date, staff has not received any responses.