HomeMy Public PortalAbout20150708 - Agenda Packet - Board of Directors (BOD) - 15-18
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, July 8, 2015
Special Meeting begins at 5:00 PM
Regular Meeting begins at 7:00 PM
A G E N D A
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section
54956.8)
Property: Portions of the following properties identified as Santa Clara County Assessor
Parcel Numbers 562-04-014, 562-08-012, 562-22-017 and 562-22-041.
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Scott McQueen, Michael Rossetta, and Catherine Meyers
Under Negotiation: Terms of real property transactions
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section
54956.8)
Property: Peninsula Open Space Trust (Apple Orchard and Event Center) Properties
(San Mateo County Assessor Parcel Numbers 082-130-130, 082-140-010, 082-150-030,
082-150-040, 083-361-040, 083-361-100, and portions of 082-130-110 and 082-130-120)
Agency Negotiator: Michael Williams, Real Property Manager
Negotiating Party: Tricia Suvari, Vice President, Land Transactions, Peninsula Open
Space Trust
Under Negotiation: Terms of real property transaction
3. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION.
Government Code Section 54957(b)(1)
Title of Employees: District Controller
General Counsel
General Manager
Meeting 15-18
CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS. Government Code
Section 54957.6
Agency designated representatives: Board of Directors
Unrepresented Employees: District Controller
General Counsel
General Manager
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not 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 Board Meeting Minutes:
June 24, 2015
2. Approve Claims Report
3. Approval of Agreement with City of Mountain View to Provide District Radio Dispatch
Services (R-15-102)
Staff Contact: Michael Newburn, Operations Manager
General Manager’s Recommendation:
1. Authorize the General Manager to execute a two year extension of the current agreement with
the City of Mountain View to provide District 24 hour radio dispatch services.
2. Authorize the General Manager to approve expenditures for District radio dispatch services
by the City of Mountain View in an amount not to exceed $325,878 in Fiscal Years 2015-16
and 2016-17.
4.
Approval of Agreement between the City of Mountain View and Midpeninsula Regional
Open Space District for the Operation of Deer Hollow Farm and Determination that the
Recommended Actions are Exempt from the California Environmental Quality Act (R-15-
91)
Staff Contact: Michael Newburn, Operations Manager
General Manager’s Recommendation:
1. Authorize the General Manager to execute the attached Agreement with the City of Mountain
View for the continued operation of Deer Hollow Farm.
2. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
5. Design and Engineering Services Contract for the Mount Umunhum Road Improvement
Project (R-15-103)
Staff Contact: Zachary Alexander, Planner II
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a professional services contract with Pavement
Engineering Inc, for an amount of $268,172 to design and engineer roadway safety and
drainage improvements on Mount Umunhum Road in Sierra Azul Open Space Preserve.
2. Authorize a 15% contingency of $40,228 to allow, if needed, additional design work due to
unforeseen permitting requirements and/or uncovered subsurface issues for a not-to-exceed
total contract amount of $308,400.
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. Proposed Purchase of the Toepfer Property as an addition to La Honda Creek Open Space
Preserve, located on Bear Gulch Road in unincorporated San Mateo County (Assessor’s
Parcel Number 072-343-110) (R-15-94)
Staff Contact: Michael Williams, Real Property Manager
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Toepfer property.
3. Adopt a Preliminary Use and Management Plan for the Toepfer property, as set out in the
staff report.
4. Indicate the intention to withhold the Toepfer property as public open space.
7. Year-End Review of the Fiscal Year 2014-15 District Budget and Expenditures (R-15-90)
Staff Contact: Kate Drayson, Administrative Services Manager and Frank Hernandez, Finance
and Budget Analyst
General Manager’s Recommendation: Accept the Year-End Review of the Fiscal Year 2014-15
Budget and Expenditures
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 factual information; request staff to report back 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.
A. Committee Reports (draft Committee minutes included in agenda packet)
B. Staff Reports
C. Director Reports
ADJOURNMENT
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 July 2, 2015, 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, CMC
District Clerk
Board Meeting 15-16
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Grant Community Center
1575 Holt Ave.
Los Altos, CA 94022
Wednesday, June 24, 2015
DRAFT MINUTES
SPECIAL MEETING – CLOSED SESSION
CALL TO ORDER
President Siemens called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 5:02 p.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, and Pete
Siemens
Members Absent: Nonette Hanko and Curt Riffle
Staff Present: General Manager Steve Abbors, Assistant General Manager Kevin
Woodhouse, Assistant General Manager Ana Ruiz, General Counsel
Sheryl Schaffner, Real Property Manager Mike Williams
ORAL COMMUNICATIONS
None.
CLOSED SESSION
The Board of Directors convened into closed session at 5:02 p.m. in Room 1 of the Grant Community Center.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Toepfer Property (San Mateo County Assessor Parcel Number 072-343-110)
Agency Negotiator: Mike Williams, Real Property Manager
Negotiating Party: Dee Toepfer, Property Owner
Under Negotiation: Terms of real property transaction
Meeting 15-16 Page 2
Real Property Manager Mike Williams left after Item 1 was discussed.
2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section
54957.6)
Agency Designated Representatives: Steve Abbors, General Manager, Kevin
Woodhouse, Assistant General Manager, Sheryl Schaffner, General Counsel, Jack
Hughes, Liebert Cassidy Whitmore
Employee Organization: Field Employee Association
Planning Manager Jane Mark and Planner III Lisa Bankosh joined the meeting at 6:20 p.m. for
Item 3.
3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Government Code Section 54956.9)
M. Mahronich, et al v. Presentation Center, Los Gatos, Inc.
Santa Clara Superior Court Case No. 1-15-CV-276706 ADJOURNMENT
President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:02 p.m.
REGULAR MEETING
CALL TO ORDER
President Siemens called the Regular Meeting of the Midpeninsula Regional Open Space District
to order at 7:08 p.m. in the Multi-Use Room of the Grant Community Center.
President Siemens reported the Board met in closed session, and no reportable action was taken.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, and Pete
Siemens
Members Absent: Nonette Hanko and Curt Riffle
Staff Present: General Manager Steve Abbors, Assistant General Manager Kevin
Woodhouse, Assistant General Manager Ana Ruiz, General Counsel
Sheryl Schaffner, Operations Manager Michael Newburn, Planning
Manager Jane Mark, Planner III Lisa Bankosh, Planner III Gretchen
Laustsen, and District Clerk Jennifer Woodworth
ORAL COMMUNICATIONS
No speakers were present.
Meeting 15-16 Page 3
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Hassett seconded the motion to adopt the
agenda.
VOTE: 5-0-0 (Directors Hanko and Riffle absent.)
CONSENT CALENDAR
1. Approve Board Meeting Minutes:
April 22, 2015
May 6, 2015
May 13, 2015
May 27, 2015
Director Harris requested the minutes for April 22, 2015, Item 4 be modified to express her disappointment with the presentation provided rather than disappointment with the length of the contract with Ralph Heim.
Director Harris stated that the member of the public who spoke at the May 13, 2015 on item 6 should be corrected to David Smernoff rather than David Schwernoff.
2. Approve Claims Report
3. Contract to Implement the Driscoll Ranch Roads Sediment Reduction and Pond Restoration Project at the La Honda Creek Open Space Preserve (R-15-89)
General Manager’s Recommendations:
1. Authorize the General Manager to enter into an agreement with Half Moon Bay
Grading and Paving of Half Moon Bay, CA, for a total contract amount not to exceed
$613,566, which includes the project proposal amount of $533,536 and a fifteen
percent contingency amount of $80,030, to implement the Driscoll Ranch Roads
Sediment Reduction and Pond Restoration Project at the La Honda Creek Open Space
Preserve.
2. Determine that the recommended action is consistent with the Mitigated Negative
Declaration and Mitigation Monitoring Plan for Implementation of the La Honda
Creek Master Plan, approved by the Board on August 22, 2012.
4. Approve a Partnership with the County of San Mateo (County) to Provide
Habitability Improvements to 900 Sears Ranch Road, in the Town of La Honda, as
Part of the County’s Pilot Farm Labor Housing Program at La Honda Creek Open
Space Preserve (R-15-88)
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the General Manager to partner with the County of
San Mateo to provide habitability improvements to 900 Sears Ranch Road Residence
at La Honda Creek Open Space Preserve as part of the County’s Pilot Farm Labor
Housing Program.
3. Authorize the General Manager to negotiate and grant a License/Permit to Rebuilding Together to perform the habitability improvements at the Residence.
Meeting 15-16 Page 4
4. Authorize the General Manager to amend the lease with AGCO Hay LLC to formalize the requirements of the Farm labor Housing Program between the District and its grazing tenant.
5. Award of Contract to ClientFirst for Development of an Information Systems and
Technology Strategic Plan (R-15-86)
General Manager’s Recommendation: Authorize the General Manager to enter into a
professional services contract with ClientFirst for $53,452, plus a contingency of $8,020,
for a total amount not to exceed $61,472, to prepare an Information Systems and
Technology Strategic Plan.
6. Approval of Agreement with the County of Santa Clara for the District’s
Management of Rancho San Antonio County Park and Determination that the
Recommended Actions are Exempt from the California Environmental Quality Act
(R-15-87)
General Manager’s Recommendation:
1. Authorize the Board President to enter into the attached Agreement with the County
of Santa Clara (County) for the District’s Management of Rancho San Antonio
County Park.
2. Authorize the General Manager to extend the agreement for the second five-year
period (July 2020 through June 2025) subject to a staff review of the costs to manage
Rancho San Antonio County Park.
3. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in the staff report
7. New Other Power-Driven Mobility Device Policy and amended Trail Use Policies
(R-15-93)
General Manager’s Recommendation: The General Manager recommends that the Board
approve the following recommendations from the Planning and Natural Resources
Committee:
1. Adopt the draft “Other Power-Driven Mobility Device Policy”
2. Adopt the amended “Trail Use Policies”
Motion: Director Cyr moved and Director Hassett seconded the motion to adopt the Consent
Calendar, as amended.
VOTE: 5-0-0 (Directors Hanko and Riffle absent.)
BOARD BUSINESS
8. Written Communications: Scanlan
Assistant General Manager Kevin Woodhouse described the purpose of the indemnification
requirement for groups of twenty or more visiting the District’s preserves and explained that
large groups or events have more stringent requirements.
Director Siemens inquired regarding whether the District’s insurer, CalJPIA, has best practice
standards for requiring indemnification.
Meeting 15-16 Page 5
General Counsel Sheryl Schaffner explained the best practices recommended by CalJPIA is to
require indemnification for “special permits,” which special permits can be defined by the
District. The District may approve a policy to not require indemnification for this type of special
permit; however, the Board must determine the level of risk it is willing to tolerate.
Several Directors suggested that the indemnification policy could be further discussed at the
Board Committee level.
General Manager Steve Abbors stated staff could add the referral of the issue to a Board
Committee to the next fiscal year’s action plan or could report back to the Board of Directors on
current projects that may be delayed if the policy is immediately referred to and studied by staff
and a Board Committee.
The Board provided comments regarding the immediacy of studying the indemnification
requirement.
Mr. Abbors suggested the letter could be revised to inform Mr. Scanlan that staff and a Board
Committee will look at the indemnification issue in the future and thank him for his interest. Mr.
Abbors stated that he could follow-up the written response with a telephone call to Mr. Scanlan.
Public hearing opened at 7:33 p.m.
No speakers present.
Public hearing closed at 7:33 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion that the draft response
be revised regarding the indemnification issue to thank Mr. Scanlan for his interest and inform
him that staff and a Board committee will look at the issue in the future.
VOTE: 5-0-0 (Directors Hanko and Riffle absent.)
Motion: Director Kishimoto moved, and Director Harris seconded the motion to refer to the
Legislative, Funding, and Public Affairs Committee the issue of permitting and indemnification
for formal and informal hiking groups.
VOTE: 5-0-0 (Directors Hanko and Riffle absent.)
7. Overview and CEQA Scoping Session for the Proposed Bear Creek Redwoods
Preserve Plan, Including Bear Creek Stables and the Former Alma College Site (R-15-92)
Planner III Lisa Bankosh described the overall planning process for the project including past
public meetings, current status and future vision of the Bear Creek Redwoods Open Space
Preserves. Ms. Bankosh introduced Alma Du Solier, consultant from Populous, to provide a
presentation regarding the planning process and an overview of each of the Preserve Plan
elements.
Ms. Du Solier provided an overview of the goals and objectives of each of four preserve plan
elements – public use and facilities, natural resources, cultural resources, and maintenance and
operations. Ms. Du Solier provided a brief summary of the public input gathered from the
meetings and workshops held by the Planning and Natural Resource Committee, through
Meeting 15-16 Page 6
questionnaires completed, comments provided, and written comments submitted. Ms. Du Solier
explained how the process completed thus far factors into the CEQA process and described the
focused planning projects within the Public Access Plan, including a proposed multi-use trail,
planned pedestrian crossing, proposed staging areas, and potential for events at the site.
Ms. Cathy Garrett, representing landscape architect firm PGA Design, described the Alma
College Site Rehabilitation Project first describing the history of the site including former and
current structures on the site and fault lines that span the site. Ms. Garrett displayed renderings of
the two scheme alternatives for the site, which both provide for safety and security and reflect on
the cultural landscape of the site. Scheme A is a more intensive undertaking requiring
rehabilitation of the chapel and 1934 library, stabilization of the 1950 library, and removal of
other buildings. Scheme B entails stabilization of the 1934 chapel and library and removal of the
1950 library. Finally, Ms. Garrett described potential uses for the site that would be compatible
with the site and the District’s mission, including creation of an education camp or conference
center, potential winery vineyards, historic site interpretive facility, and/or outdoor day use.
Gary Jacobs outlined the CEQA process for this project including the steps to preparing an
Environmental Impact Report (EIR) explaining that the project is currently in the scoping stage,
which is designed to solicit input and comments on the scope of the EIR, the issues it should
examine, etc. Mr. Jacobs outlined the schedule for the CEQA process.
Public hearing opened at 8:53 p.m.
Alex Anderson member of Silicon Valley Mountain Bikers, stated his support for the Stables
plan and the regional connection for all users. Mr. Anderson also encouraged the creation of
more opportunities for children to be able to use the bike paths safely.
Mike Bushue, member of the Equestrian Trail Riders Action Committee, spoke regarding the
size of the equestrian community and stated his desire that other areas be expanded for
equestrian use in the future.
Joseph Olds spoke in favor of various user groups getting along and spoke against exclusion of
entire user groups.
Peter Hargreaves spoke regarding safety for pedestrians due to visibility limitations on Bear
Creek Road. Mr. Hargraves submitted documents to the Board describing possible options to
provide for safe pedestrian crossings.
Jenny Whitman inquired regarding how the CEQA study will affect the current use permit. Ms.
Whitman also asked the Board to consider allowing a few horses to remain in the lower area in
addition to the potential 60 horses allowed in the stables.
Karen Read inquired if the CEQA process will impact the Bear Creek Request for Proposal
schedule.
Melany Moore, President of Summit Riders and Board member of the Friends of Bear Creek
Stables, spoke regarding several natural resources and educational resources at the site.
Nancy Cole expressed her concerns that other user groups feel excluded and would like to work
on programs to encourage safe usage of the trails by all user groups.
Public hearing closed at 9:14 p.m.
Meeting 15-16 Page 7
Director Kishimoto inquired regarding if various items would be included in the Environmental
Impact Report and Preserve Plan, including Native American sites, dog access, possible lights on
the property, water resources study, and impact reducing alternatives.
Ms. Bankosh stated that all suggestions may be included in the Environmental Impact Report
and alternatives for the site.
Director Hassett expressed his concerns regarding the potential partnering opportunities
described in the presentation and whether these would be appropriate to the mission of the
District and worth the potentially high cost.
Ms. Bankosh requested the Board provide direction to staff regarding whether to only present the
lower impact Scheme B to the Santa Clara County Historical Heritage Commission.
Director Cyr expressed his support to keeping the designs to a minimalist nature and expressed
his desire that trails in the southwest corner of the preserve not be closed because it is a high
point that people like to summit.
Director Harris commented on the potential parking areas and whether they are needed at current
usage.
Ms. Bankosh stated the accessibility of parking is often a limiting factor for visitor usage. A
Visitor Use study will be completed at a later date to determine the level of parking needs.
Director Harris expressed her concerns regarding the availability of partners to rebuild the area
and inquired as to the form non-equestrian education would take.
Ms. Laustsen explained that many community members have expressed interest in providing
environmental education and 4H educational opportunities for children.
Director Siemens inquired if potential loop trails on the west side of Bear Creek would be
included in the EIR
The Board discussed numerous potential changes to the project description and determined the
following items by consensus.
Multi-use loop trails will not be considered for the western side of the Bear Creek Redwoods
Preserve.
The currently proposed number of horse to be boarded in the Bear Creek Stables will not be
increased beyond the proposed 72 horse level.
Pedestrian access at the southwest corner of Bear Creek Redwoods Preserve will be studied.
Only Scheme B for the former Alma College Site will be presented to the Santa Clara County
Historical Heritage Commission.
The installation of bike racks at the Preserve will be studied.
Potential alternatives for low impact water usage at the Bear Creek Redwoods Preserve will be
studied.
Meeting 15-16 Page 8
Motion: Director Cyr moved, and Director Hassett seconded the motion to accept the amended description of the proposed Preserve Plan, including a range of potential options for Bear Creek Stables and the former Alma College site, for the purposes of environmental review under the California Environmental Quality Act.
VOTE: 5-0-0 (Directors Hanko and Riffle absent.)
Board recessed at 10:16 p.m. and reconvened at 10:23 p.m. with Directors Cyr, Harris, Hassett,
Kishimoto, and Siemens present.
INFORMATIONAL REPORTS
A. Committee Reports
Director Siemens reported the Board Appointee Evaluation Committee met several times.
Director Cyr reported the Real Property Committee met to discuss several properties, which have
been forwarded to the full Board of Directors to consider.
B. Staff Reports
Assistant General Manager Ana Ruiz reported on the ongoing permit streamlining efforts with
San Mateo County Planning Department. District and San Mateo County staff are proceeding
with two streamlining efforts including master permits for multi-phased projects and permits
which would cover similar types of projects.
C. Director Reports
Directors Hassett, Cyr, and Harris reported they attended the Special Parks Districts Forum.
Director Cyr described an innovative walkway demonstrated at the Special Parks District Forum.
Several Directors reported that they will be attending the opening of the Coyote Creek Open
Space Preserve in the Santa Clara Valley Open Space Authority.
ADJOURNMENT
President Siemens adjourned the Regular Meeting at 10:32 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
page 1 of 3
CLAIMS REPORT
MEETING 15-18
DATE 07-08-2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69751 11509 - ASHRON CONSTRUCTION Mt Um Radar Tower Interim Repairs Project June 2015 07/01/2015 70,993.50
69777 10094 - RESTORATION DESIGN GROUP Mt Um Summit area design work 07/01/2015 35,512.50
69749 *11152 - WELLINGTON PARK INVESTORS AO2/AO3 Rent - July 06/29/2015 14,089.00
69731 11216 - SANTA CLARA COUNTY-LAFCO SCC LAFCO FY15-16 Annual Dues 06/24/2015 12,718.82
69684 11481 - B BROS CONSTRUCTION, INC.SFO HVAC Project - Retainage payment 06/24/2015 12,297.93
69714 10775 - NEW WORLD SYSTEMS HR module implementation - payment #2 06/24/2015 12,150.00
69712 10031 - MILLS DESIGN Design Services for the Vision Plan Brochure/Summer Newsletter/Mtn Lion Flyer 06/24/2015 11,918.00
69725 11518 - RANCHING BY NATURE Water system improvements at McDonald Ranch (Pasture 1) - LHC 06/24/2015 10,268.84
69769 10058 - LIEBERT CASSIDY WHITMORE General HR Legal/Negotiations/Contracts Consulting 07/01/2015 9,799.00
69721 *10180 - PG & E Electricity/gas 06/15 06/24/2015 9,667.94
69689 10723 - CALLANDER ASSOCIATES Bay Trail concept study plan at Ravenswood - RW 06/24/2015 8,467.84
69723 10265 - PRIORITY 1 Code 3 equipment for Vehicle P107 - New Ford Expedition 06/24/2015 7,360.84
69699 10546 - ECOLOGICAL CONCERNS INC Weed control at Los Trancos & Mindego sites - RR/LT 06/24/2015 7,227.50
69737 10112 - TIMOTHY C. BEST Driscoll Ranch Roads Engineering Services - LHC 06/24/2015 6,150.00
69729 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit fees for Silva house repairs (rental residence)06/24/2015 5,948.71
69766 11489 - HARO KASUNICH & ASSOCIATES INC.Geotechnical services for Driscoll Ranch Roads - LHC 07/01/2015 5,765.05
69745 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit fees for Silva house repairs - RR 06/25/2015 4,843.63
69681 10585 - SOL'S MOBILE SERVICE Vehicle Maintenance and Repairs-SFO 06/18/2015 4,644.31
69740 11470 - URS CORPORATION Biological monitoring for sensitive species (SFGS) at Mindego - RR 06/24/2015 4,016.48
69742 11176 - ZORO TOOLS Antivibration Gloves - SFO/Rebar Cutter/Drain Cleaning Machine 06/24/2015 3,792.11
69718 10076 - OFFICE TEAM Temporary Office Help 06/24/2015 3,008.00
69692 11368 - CITY OF CUPERTINO Leadership Academy Billing 2015 (leadership training for 3 employees)06/24/2015 2,970.00
69734 11528 - STANDARD REGISTER COMPANY Parking Citation Printing 06/24/2015 2,603.70
69704 10043 - HOWARD ROME MARTIN & RIDLEY LLP MROSD vs. Arcadis Legal Consulting 06/24/2015 2,580.54
69758 10793 - FALL CREEK ENGINEERING Analysis of Driscoll Ranch Water System - LHC 07/01/2015 2,060.00
69708 11527 - LA HONDA EDUCATIONAL FOUNDATION Sponsorship of Harvest Dinner 2015 06/24/2015 2,000.00
69782 *10583 - TELEPACIFIC COMMUNICATIONS District Telephone Service + SAO Internet 07/01/2015 1,931.86
69771 10076 - OFFICE TEAM Temporary Office Help 07/01/2015 1,880.00
69720 10925 - PAPE` MACHINERY Seat for tractor 06/24/2015 1,801.75
69683 10010 - ARRANGED4COMFORT Ergonomic Equipment for Planning/GIS Staff 06/24/2015 1,788.10
69736 10706 - THE MERCURY NEWS Legal Notice for Construction Bid for Driscoll Ranch Road Project - LHC 06/24/2015 1,684.92
69774 10140 - PINE CONE LUMBER CO INC Hardware/Concrete Mix for Methuselah Bridge - ECdM 07/01/2015 1,636.76
69719 10578 - OLD REPUBLIC TITLE CO Title fees for propery addition to Sierra Azul OSP 06/24/2015 1,597.50
69713 10125 - MOFFETT SUPPLY COMPANY INC Restroom Supplies - SFO General 06/24/2015 1,540.07
69767 11492 - HAWK DESIGN & CONSULTING Construction plans for bathroom repairs at 2310 Purisima Creek Rd - PCR 07/01/2015 1,472.50
69733 11451 - SMITH SYSTEMS DRIVER TRAINING Driver Safety Training - OPS 06/24/2015 1,336.73
69697 10871 - DEPARTMENT OF PARKS AND RECREA Basic Trails Program Training 06/24/2015 1,284.60
69706 10050 - JED CYR Reimbursement for Special Parks District Forum Expenses - Director Cyr 06/24/2015 1,200.00
69768 10057 - LARRY HASSETT Reimbursement for Special Parks District Forum Expenses - Hasset 07/01/2015 1,200.00
69746 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit fees for bathroom repairs at 2310 Purisima Creek Road 06/25/2015 1,105.08
69707 11385 - JOHN GILL ELEMENTARY SCHOOL Environmental Education Field Trip Bus Reimbursement 06/24/2015 1,100.00
69757 10038 - ERGO VERA Ergonomic Evaluations - AO 07/01/2015 1,003.20
page 2 of 3
CLAIMS REPORT
MEETING 15-18
DATE 07-08-2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69687 10840 - CALIFORNIA PENSION GROUP, LLC Consulting Services - May 2015 California Pension Group 06/24/2015 1,000.00
69724 11184 - PURCHASE POWER - PITNEY BOWES POSTAGE MROSD Postage 06/24/2015 1,000.00
69765 11195 - GOODYEAR AUTO SERVICE CENTER New Tires - Vehicle P99 07/01/2015 918.78
69756 11058 - DIAMOND CRANE COMPANY, INC.Windmill repairs at TOTO Ranch 07/01/2015 905.03
69773 *10180 - PG & E Electricity/gas 06/15 07/01/2015 843.90
69709 11376 - LAND TRUST OF SANTA CRUZ COUNTY Wildlife crossing study over Highway 17 - South Bay Foothills 06/24/2015 760.00
69741 10803 - VALMONT COMPOSITE STRUCTURES Carsonite Markers - SFO General 06/24/2015 755.59
69716 11063 - O'BRIEN, PAT Executive Services for April/May 06/24/2015 750.00
69691 10018 - CECILY HARRIS Reimbursement for Special Parks District Forum Expenses - Harris 06/24/2015 740.38
69776 11526 - REPUBLIC SERVICES Marijuana Cleanup - LHC- SG 07/01/2015 627.00
69744 0 - J.L. GELB Reimbursement for Spaces & Species TAP 06/24/2015 616.54
69786 0 - AMERICAN DEBRIS BOX SERVICE, INC.Debris box rental for rental residence clean-up - ECDM 07/01/2015 585.00
69747 *11125 - SAN MATEO COUNTY TAX COLLECTOR, SANDIE ARNOTT Clearance of back taxes from escrow 2009-10 property purchases 06/26/2015 565.97
69702 11514 - FRANCES FREYBERG PHOTOGRAPHY Photography - BCR 06/24/2015 550.00
69715 10073 - NORMAL DATA Grants Database work 06/24/2015 525.00
69784 11388 - WAGNER & BONSIGNORE Water Rights Consulting 07/01/2015 516.00
69698 10441 - DTSC Annual EPA fees 06/24/2015 497.50
69735 10523 - STEVENS CREEK CHRYSLER JEEP DODGE Vehicle P78 Service / Repair 06/24/2015 497.15
69738 11038 - TYCO INTEGRATED SECURITY LLC Alarm Service (FFO)06/24/2015 492.44
69703 10187 - GARDENLAND POWER EQUIPMENT Chainsaw Supplies/Repairs/Equipment Parts 06/24/2015 475.48
69775 11335 - PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC Leasing Costs - postage machine 07/01/2015 465.69
69730 *11125 - SAN MATEO COUNTY TAX COLLECTOR, SANDIE ARNOTT Clearance of back taxes from escrow 2009-10 property purchases 06/24/2015 460.97
69685 10684 - BUTANO GEOTECHNICAL ENGINEERING Geotechnical observations for water observation at ECDM WPP - ECM 06/24/2015 380.00
69764 10187 - GARDENLAND POWER EQUIPMENT Equipment Repair/Parts 07/01/2015 356.79
69780 10157 - STAPLES CREDIT PLAN Office Supplies 07/01/2015 324.88
69700 11159 - FIREWHAT.COM Wildland Fire Refresher - Supplemental +4 Staff 06/24/2015 320.00
69761 10174 - FORESTRY SUPPLIERS INC Weather Stations 07/01/2015 298.00
69752 10328 - BRUSH ROAD CORPORATION Annual Road Assoc Fees (BCR)07/01/2015 280.00
69772 10081 - PALO ALTO UPHOLSTERY Office Chair Repair -SFO 07/01/2015 275.00
69732 10724 - SANTA CLARA VALLEY AUDUBON SOCIETY Wingding Event Supplies: Reimbursement 06/24/2015 274.13
69686 10602 - CAGWIN & DORWARD AO Tree Maintenance - Root Fertilization 06/24/2015 270.00
69743 0 - BURLINGAME HEATING & VENTILATION Heater repair at 2200 Lobitos Creek Rd 06/24/2015 270.00
69696 *10032 - DEL REY BUILDING MAINTENANCE AO Janitorial Supplies 06/24/2015 229.38
69781 10302 - STEVENS CREEK QUARRY INC Baserock 07/01/2015 226.23
69770 10189 - LIFE ASSIST 1st Aid Supplies 07/01/2015 222.40
69785 11176 - ZORO TOOLS WATER NOZZLES-SFO 07/01/2015 191.42
69762 10169 - FOSTER BROTHERS SECURITY SYSTEMS MASTER 2C10 LOCKS-SFO GENERAL 07/01/2015 187.60
69688 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water services for rental residences 06/24/2015 185.23
69754 *10454 - CALIFORNIA WATER SERVICE CO-949 AO WATER 07/01/2015 183.51
69783 10561 - ULINE COOLING BANDANAS-SFO GENERAL 07/01/2015 177.00
69710 11531 - MACKESSY, DONALD American Trails Symposium expenses 06/24/2015 142.79
69763 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)07/01/2015 137.84
page 3 of 3
CLAIMS REPORT
MEETING 15-18
DATE 07-08-2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69690 10014 - CCOI GATE & FENCE Gate Repair (SAO)06/24/2015 135.00
69711 11449 - MARK, JANE Quarterly Cell Phone Reimbursement, Meeting Expenses 06/24/2015 120.34
69760 10186 - FEDERAL EXPRESS Shipping charges 07/01/2015 116.33
69726 10182 - ROYAL BRASS INC Tractor Repair Parts 06/24/2015 112.96
69682 10294 - AMERIGAS-SAN JOSE Propane Tank Rental (RSA-Annex)06/24/2015 110.93
69755 *11530 - COASTSIDE.NET Internet Provider - SFO 07/01/2015 109.00
69750 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Equipment/Supplies - SFO General 07/01/2015 104.10
69694 10540 - CRAFTSMEN PRINTING Printing of business cards: Lewis/Hawk 06/24/2015 97.88
69727 *10136 - SAN JOSE WATER COMPANY Water service for rental residence - ES 06/24/2015 96.63
69701 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks 06/24/2015 95.59
69779 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services for H.R. Dept.07/01/2015 95.00
69728 11059 - SAN MATEO COUNTY HEALTH DEPT Tick Testing 06/24/2015 75.00
69753 *10172 - CALIFORNIA WATER SERVICE CO-3525 Monthly Water -WH 07/01/2015 57.84
69759 11151 - FASTENAL COMPANY Field Supplies 07/01/2015 51.42
69693 10352 - CMK AUTOMOTIVE INC Vehicle Maintenance & Repairs -SFO 06/24/2015 50.00
69778 11426 - RIDGE WIRELESS INC.FFO Internet Access 07/01/2015 50.00
69695 11210 - DATA SAFE Document Shredding Services 06/24/2015 40.00
69705 10455 - HUGG, IANTHINA Quarterly Cell Phone Reimbursement 06/24/2015 40.00
69717 10670 - O'REILLY AUTO PARTS Auto Parts 06/24/2015 30.81
69722 10140 - PINE CONE LUMBER CO INC Signs -SR 06/24/2015 21.75
69739 10165 - UPS Shipping charges 06/24/2015 14.77
*Annual Claims
**Hawthorn Expenses
BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill
ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office
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 PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge - Mindego Hill
R-15-102
Meeting 15-18
July 8, 2015
AGENDA ITEM 3
AGENDA ITEM
Approval of Agreement with City of Mountain View to Provide District Radio Dispatch Services
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to execute a two year extension of the current agreement
with the City of Mountain View to provide District 24 hour radio dispatch services.
2. Authorize the General Manager to approve expenditures for District radio dispatch services
by the City of Mountain View in an amount not to exceed $325,878 in Fiscal Years 2015-16
and 2016-17.
SUMMARY
In May 2007 the District entered into a six year agreement with the City of Mountain View to
provide radio dispatch services. The terms of the agreement allowed for two extensions, two
years each, to the agreement if mutually agreed to by both parties. In August 2013 the District
and Mountain View executed the first extension of the agreement. The General Manager is
recommending authorization for the second two-year extension of the agreement.
DISCUSSION
On May 9, 2007, the Board of Directors authorized the General Manager to enter into a six year
agreement with the City of Mountain View to provide the District with 24-hour radio dispatch
services (Report R-07-58). The Board also approved a six year Funding Plan for District dispatch
services from 2007 – 2013, for a total amount of 737,740, contingent upon future approval of
budget expenditures after FY2007–08.
Terms of the current agreement allow two extensions of the agreement, two years each, through
2017 with a 5% increase per year. During the Staff Reports portion of the August 28, 2013 Board
meeting agenda, Operations Manager Mr. Sanguinetti announced the first two year renewal of
the agreement with Mountain View for Dispatch services through June 30, 2013 (Board Meeting
13-20 Minutes).
Mountain View’s dispatch services have been very satisfactory. Reliable radio dispatch service is
critically important to the District field employees and public safety needs. The City of Mountain
View has proven they can provide these necessary services on a professional and credible basis.
Therefore the General Manager recommends authorization to extend the current agreement for
two more years.
R-15-102 Page 2
FISCAL IMPACT
The budget for FY2015-16 includes $158,965 for dispatch services and was adopted by the
Board on March 25, 2015 (R-15-44). Future funding of $166,913 for dispatch services will be
included in the General Manager’s proposed budget for FY2016-17. Total cost of this agreement
will not exceed $325,878.
BOARD COMMITTEE REVIEW
No Board Committee review.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
No environmental review is required as the recommended action is not a project under the
California Environmental Quality Act (CEQA).
NEXT STEPS
If approved by the Board, the General Manager will enter into a two year extension of the current
agreement with the City of Mountain View for dispatch services through June 30, 2017.
Attachment:
1. August 28, 2013 Board meeting minutes
Responsible Department Head:
Michael Newburn, Operations Manager
Prepared by:
Michael Jurich, Support Services Supervisor, Operations
Contact person:
Michael Newburn, Operations Manager
August 28, 2013
Board Meeting 13-20
*Approved by the Board of Directors on September 11, 2013
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
August 28, 2013
APPROVED MINUTES*
SPECIAL MEETING – CLOSED SESSION
I. CALL TO ORDER
President Cyr called the Special Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 6:02 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt
Riffle, and Pete Siemens
Members Absent: Nonette Hanko
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana
Ruiz, Assistant General Manager Kevin Woodhouse, General
Counsel Sheryl Schaffner, Assistant General Counsel Hilary
Stevenson, Real Property Manager Mike Williams, and Real
Property Specialist Allen Ishibashi
President Cyr adjourned the Special Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 7:01 p.m.
REGULAR MEETING – REGULAR SESSION
I. CALL TO ORDER
President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 7:07 p.m.
II. ROLL CALL
Attachment 1
Meeting 13-20 Page 2
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt
Riffle, and Pete Siemens
Members Absent: Nonette Hanko
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana
Ruiz, Assistant General Manager Kevin Woodhouse, General
Counsel Sheryl Schaffner, Assistant General Counsel Hilary
Stevenson, Administrative Services Manager Kate Drayson,
Natural Resources Manager Kirk Lenington, Planner III Gina
Coony, Planner I Alex Roa, Acting Planning Co-Manager Tina
Hugg, Public Affairs Manager Shelly Lewis, Real Property
Manager Mike Williams, Operations Manager David Sanguinetti,
Real Property Specialist Allen Ishibashi, and District Clerk
Jennifer Woodworth
III. REPORT OUT OF CLOSED SESSION
General Counsel Sheryl Schaffner reported a closed session was held on August 28, 2013
pursuant to Government Code Section 54956.9 (d)(1) – Existing Litigation.
General Counsel Schaffner reported that by a vote of 6-0 with one absence, the Board
voted to direct staff to prepare and file an amicus brief in support of the Bay Area
Citizens for Clean Environment v. Santa Clara County, et al. litigation, with direction to
work with other affected communities that are considering doing the same.
General Counsel Schaffner reported that by a vote of 6-0 with one absence, the Board
approved the negotiated settlement agreement in the Midpeninsula Regional Open Space
District v. Chiocchi, et al. litigation, which will resolve all claims in the lawsuit.
IV. ORAL COMMUNICATIONS
There were none.
V. ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Harris seconded the motion to adopt the
agenda.
VOTE: 6-0-0 (Director Hanko absent)
VI. CONSENT CALENDAR
Motion: Director Kishimoto moved, and Director Harris seconded the motion to approve
the Consent calendar as amended.
VOTE: 6-0-0 (Director Hanko absent)
Attachment 1
Meeting 13-20 Page 3
Agenda Item #1 – Approve Minutes of the Special and Regular Board Meetings
August 14, 2013
Agenda Item #2 – Approve the Revised Claims Report
Agenda Item #3 – Written Communications
R. Fry
Agenda Item #4 – Resolution of the Board of Directors Commending the Loma
Prieta Chapter of the Sierra Club for 80 Years of Successful Protection of Our
Local Environment
Agenda Item #5 – Approval of a patrol and maintenance easement and quitclaim
deeds between Marvin D. and Alma P. Burkett (Burkett) and the Midpeninsula
Regional Open Space District (District) (APN 517-35-002); approval of quitclaim
deeds between L. Katherine Ferrari (Ferrari) and the Midpeninsula Regional Open
Space District (APN 517-35-004); and Determine that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act (CEQA)
(R-13-76)
VII. BOARD BUSINESS
Agenda Item #6 – Authorization to Award a Contract to Questa Engineering
Corporation for Engineering, Geotechnical, Geological, Permitting, and
Environmental Review Services (R-13-78)
Acting Planning Co-Manager Tina Hugg provided the staff report outlining the process
used by the Real Property, Planning, Operations, and Natural Resources departments to
determine the need for a single consulting firm that can meet those departments’ similar
needs for engineering and environmental review services in relation to numerous high
priority Action Plan projects. In order to streamline the process for requesting
consultants for these individual projects, a single firm was sought to provide these
services which could be more easily managed by District staff as opposed to staff
managing multiple firms providing similar services on separate projects. Questa
Engineering was chosen based on their experience and qualifications.
Director Hassett inquired as to whether this approach to choosing a single firm for
multiple projects is actually cost effective. Assistant General Manager Ana Ruiz
explained that for awarding contracts for construction projects, the District is required to
choose the lowest responsible and responsive bidder. However, for professional services
contracts, price is not the single determining factor, but contracts are awarded based on
experience and qualifications.
Director Siemens inquired about whether there were limits built into the contract.
Acting Planning Co-Manager Tina Hugg explained that the selected consultant would be
working on a known list of projects provided by the departments, starting with those
projects that are ready to begin. The firms that were not selected but were still deemed
qualified by this process, will be added to a Prequalified Consultant List and may be
utilized for subsequent projects in the future. Assistant General Manager Ruiz explained
Attachment 1
Meeting 13-20 Page 4
that there is a $200,000 limit on the Questa Engineering contract, but the list of
prequalified consultants will remain active for two years. Ms. Ruiz also stated that staff
plans to ask for Board approval at a later date to amend the policy to extend the time limit
of the list of prequalified consultants to three years.
Director Riffle asked if the cost savings would come more from lower professional
service costs or from increased staff efficiency. Ms. Hugg explained that the primary
advantage to this type of contract and the streamlined process is the resultant staff
efficiency.
Director Kishimoto asked if the current contract rates will remain unchanged for the
duration of the contract. Ms. Hugg explained these rates could be renegotiated upon
amendment or extension of the contract, or for subsequent contracts with the consultant.
Public hearing opened at 7:36 p.m.
No speakers were present.
Public hearing closed at 7:36 p.m.
Motion: Director Hassett moved, and Director Siemens seconded the motion to
authorize the General Manager to award a contract to Questa Engineering Corporation for
an amount not-to-exceed $200,000 to provide engineering, geotechnical, geological,
permitting, and environmental review services to implement District priority projects.
VOTE: 6-0-0 (Director Hanko absent)
Agenda Item #7 – Authorization to Award a Contract to Confluence Restoration for
Planting and Landscape Maintenance Services for the Mindego Gateway Staging
Area and Commemorative Site located at Russian Ridge Open Space Preserve (R-
13-75)
Planner I Alex Roa provided the staff report describing the planting areas of the Mindego
Gateway Staging Area and Audrey Rust Commemorative Site. Mr. Roa offered a
breakdown of the various components of the planting and maintenance plan, including
types of plants, browse protection and associated replanting as needed, and seasonal and
annual reports to be provided by the contractor.
Director Hassett inquired if the Peninsula Open Space Trust (POST) will be funding this
contract. Planner III Gina Coony explained that the District’s Memorandum of
Understanding with POST establishes that POST will cover costs for ten years up to
$15,000 a year in addition to planting costs. POST has also agreed to fully cover
maintenance for the first three years. There will be no impact on the District’s budget
resulting from this contract.
Director Kishimoto inquired if the maintenance at the Mindego Gateway area is more
extensive than at other District sites. Acting Planning Co-Manager Hugg explained that
the District does have maintenance agreements for other sites, such as El Corte de
Madera, but this agreement and maintenance is more encompassing.
Attachment 1
Meeting 13-20 Page 5
Public hearing opened at 7:47 p.m.
No speakers were present.
Public hearing closed at 7:47 p.m.
Motion: Director Kishimoto moved, and Director Riffle seconded the motion to
authorize the General Manager to enter into a contract with Confluence Restoration, from
Santa Cruz, for a not-to-exceed amount of $98,143 for planting and landscape
maintenance for the Mindego Gateway site located at Russian Ridge Open Space
Preserve.
VOTE: 6-0-0 (Director Hanko absent)
Agenda Item #8 – Approval of Amendment Two of the Partnership Agreement with
the City of East Palo Alto to Facilitate Completion of Phases II and III of the Cooley
Landing Vision Plan (R-13-73)
Director Riffle recused himself from the matter and left the room at 7:49 p.m.
Acting Planning Co-Manager Tina Hugg provided the staff report describing the various
projects planned for Phases II and III of the Cooley Landing Vision Plan. Ms. Hugg
explained that Amendment Two to the Partnership Agreement will allow the City of East
Palo Alto to move forward in the bidding, construction, and design of Phases II and III.
Public hearing opened at 7:52 p.m.
No speakers were present.
Public hearing closed at 7:52 p.m.
Motion: Director Harris moved, and Director Hassett seconded the motion to adopt the
attached Resolution authorizing Amendment Two of the Partnership Agreement with the
City of East Palo Alto to facilitate completion of Phases II and III of the Cooley Landing
Vision Plan in late 2013, and late 2014, respectively.
VOTE: 5-0-0 (Director Hanko absent; Director Riffle recused)
Following action on this item, Director Riffle returned to the room and took his seat at
the dais at 7:53 p.m.
Agenda Item #9 – Budget Guidelines for Board Conference Attendance (R-13-79)
Assistant General Manager Kevin Woodhouse provided the staff report and explained
that the changes to the policy and associated increase in Director attendance at relevant
conferences and seminars will assist the District in elevating its visibility.
Attachment 1
Meeting 13-20 Page 6
Director Hassett requested examples of essential training courses. General Manager
Abbors stated that the California Special Districts Association has numerous trainings for
new board members as well other possible trainings that have not yet been utilized by the
District or its Directors, which would fall into this category of essential training.
Director Riffle inquired if the current budget has been inadequate for Directors to attend
training seminars in past fiscal years. Assistant General Manager Woodhouse explained
that use of the current training budget varies among the Directors, and an increased
budget may allow for Directors to attend more useful trainings knowing that those
trainings would not have to be paid for by the individual Directors.
Discussion ensued regarding the high value of many of the conferences.
Director Siemens inquired as to why the money is not being carried over between each
budget year and expressed concern that Directors would be limited to $1,000 per year,
which is a decrease from the $1,200 potentially available for Directors to use in a single
year. Mr. Woodhouse explained that this change is in accordance with best accounting
practices in order to accurately budget from year to year.
Friendly Amendment: Director Siemens moved, and Director Hassett seconded a
friendly amendment to increase the amount from $1,000 to $1,200 per fiscal year per
Director for the “General Funding” category of Director training.
VOTE: 4-2-0 (Director Kishimoto and Director Riffle opposed; Director Hanko absent)
Public hearing opened at 8:18 p.m.
No speakers were present.
Public hearing closed at 8:18 p.m.
Motion: Director Kishimoto moved, and Director Siemens seconded the motion to
approve revisions to Board Policy, “Budget Guidelines for Board Conference
Attendance,” adjusting the amount of funds budgeted annually for Board Members to
attend conferences and trainings related to District business.
VOTE: 6-0-0 (Director Hanko absent)
VIII. COMMITTEE REPORTS
Director Riffle reported that a Planning and Natural Resources Committee meeting was
held yesterday. In addition to an excellent and thorough staff report presented by
Planning Consultant Del Woods, the meeting led to a positive and productive discussion
regarding the Bear Creek Stables. Director Hassett and President Cyr agreed with
Director Riffle and thanked staff for their continued work on the project.
Attachment 1
Meeting 13-20 Page 7
IX. STAFF REPORTS
Operations Manager David Sanguinetti reported the District has entered into an
agreement with the San Mateo County Fire Department to use their radio frequency for
communications, which should aid in District staff response to incidents in the area. Mr.
Sanguinetti also announced two-year renewal of agreements with Mountain View
Dispatch and Deer Hollow Farm.
Real Property Manager Mike Williams reported that the District provided comments on
two new bridges being built by San Mateo County Roads.
Acting Planning Co-Manager Tina Hugg provided a description of the layout of the new
staging area at El Corte de Madera Open Space Preserve and a brief explanation of the
planned drainage system at the site. The site is expected to be opened in the spring.
Natural Resources Manager Kirk Lenington provided an update on the Vision Plan
reporting that a first draft of the Vision Plan Priority Actions is complete and will be
presented to the General Manager and District staff for review. A Board workshop on the
Vision Plan is scheduled for early October as well as a Community Advisory Committee
meeting in September. Public deliberation meetings will be scheduled for October and
November and will be held throughout the District.
Public Affairs Manager Shelly Lewis reported on the success of the Volunteer
Recognition Event and provided updates on several upcoming District events, including
the Founders’ Day Event and the Audrey Rust Commemorative Site Opening. Public
Affairs Manager Lewis also provided to the Directors copies of several new District
publications.
General Manager Abbors reported he met with Darla Guenzler from the California
Council of Land Trusts. He also reported that the outcome of AB904 should be known in
the next few weeks, and opposition to the bill continues to grow in the southern sub-
district. Finally, General Manager Abbors stressed the importance of remaining relevant
as an agency as the demographics of the state continue to change, especially by serving
families in the community.
X. DIRECTOR REPORTS
Director Siemens reported that he attended the Volunteer Recognition Event. He also
asked that the Vision Plan include projects that can be beneficial to families.
Director Riffle attended a Packard Foundation event at Cooley Landing and commended
Acting Planning Co-Manager Hugg’s presentation on the District and stressed the
importance of Cooley Landing to the community.
Director Kishimoto expressed that it is important to build partnerships with other
agencies that promote similar causes and build goodwill. She also noted that the Hidden
Villa event is on the same date as the Sierra Club Event.
Attachment 1
Meeting 13-20 Page 8
Director Harris stated that the 10th anniversary event for the Fifield-Cahill Ridge Trail
will be held on September 15th at the Pulgas Water Temple.
Director Hassett noted that he witnessed the removal of a marijuana grow site on Skyline.
He also stated that he attended and enjoyed the Staff BBQ and Volunteer Recognition
Event and expressed his appreciation to staff for organizing both events. Lastly, Director
Hassett announced his company will be opening a new hardware store in Redwood City.
Director Cyr announced that he attended the Staff BBQ and Volunteer Recognition
Event. He also mentioned an article in the California Special District magazine related to
building support for District funding needs.
The Board submitted their compensatory forms to the District Clerk.
XI. ADJOURNMENT
President Cyr adjourned the Regular Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:01 p.m.
__________________________________
Jennifer Woodworth
District Clerk
Attachment 1
R-15-103
Meeting 15-18
July 8 , 2015
AGENDA ITEM 5
AGENDA ITEM
Design and Engineering Services Contract for the Mount Umunhum Road Improvement Project
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a professional services contract with Pavement
Engineering Inc, for an amount of $268,172 to design and engineer roadway safety and
drainage improvements on Mount Umunhum Road in Sierra Azul Open Space Preserve.
2. Authorize a 15% contingency of $40,228 to allow, if needed, additional design work due to
unforeseen permitting requirements and/or uncovered subsurface issues for a not-to-exceed
total contract amount of $308,400.
SUMMARY
The Mount Umunhum Summit Restoration and Visitor Amenities Project, approved in 2012 (R-
12-104), will create a major regional visitor destination atop the summit of Mount Umunhum.
Mount Umunhum Road provides direct vehicular access to the summit. At this time, the upper
2.1 miles of road remains closed to general public access and is primarily used for Midpeninsula
Regional Open Space District (District) patrol, maintenance activities, and neighboring
landowner access. The Mount Umunhum Road Improvement Project will implement the
necessary roadway improvements to accommodate future public vehicular access to the summit.
Based on the results of a Request for Proposal (RFP) process, the General Manager recommends
awarding a contract to Pavement Engineering, Inc. for a total amount not-to-exceed $308,400 to
provide engineering services and prepare construction plans necessary to implement the
upgrades to Mount Umunhum Road. Construction is anticipated to commence in the summer of
2016. The Fiscal Year (FY) 2015-16 budget includes sufficient funds for work scheduled this
fiscal year. Additional funds will be budgeted next fiscal year to complete the project.
MEASURE AA
The Measure AA 5-Year Project List was approved by the Board at the October 29, 2014
meeting. This project is Measure AA Project #23-6: Mount Umunhum Road Design, Permitting
& Implementation, which is part of the Sierra Azul MAA Portfolio #23: Mount Umunhum
Public Access and Interpretation Projects.
BACKGROUND
In October 2012, the Board approved the Mount Umunhum Environmental Restoration and
Public Access Project (R-12-104), which includes the Bald Mountain Parking Area, the Mount
R-15-103 Page 2
Umunhum Trail, ecological restoration and development of visitor amenities at the summit, and
the implementation of roadway upgrades and safety improvements to Mount Umunhum Road to
allow for future public vehicular access to the summit.
Mount Umunhum Road was last paved in the 1980s. In 2010, Pavement Engineering Inc. was
contracted by the District to produce an Engineer’s Report for the roadway that detailed the
existing conditions and associated infrastructure, and provided recommendations for future
upgrades and repairs. The Engineer’s Report determined that the entirety of the roadway
requires resurfacing, and that drainage improvements and slope stabilization measures are
needed to maintain the roadway for future public vehicular access. The findings and
recommendations in the Engineer’s Report will be used as a starting point to develop the
engineered plans for the road improvements.
DISCUSSION
The Mount Umunhum Road Improvement Project (Project) will complete upgrades to Mount
Umunhum Road to allow for future public vehicular access to the summit. Necessary roadway
improvements include resurfacing and widening the roadway where possible, and installing
turnouts, curbs, guardrails, and other safety infrastructure as needed. Engineering slope
stabilization measures are also needed to address a number of geologic issues associated with the
roadway, including slip-outs and slope failures above and below the roadway that provide
sources of erosion. The roadway’s existing drainage infrastructure will also be evaluated to
determine the need for drainage improvements and infrastructure replacements. Given that the
roadway travels across intervening private properties, the Project will evaluate the required road
right of way that is needed to implement and maintain all drainage and structural improvements.
Deliverables under the recommended contract include construction plans that incorporate all of
the proposed and required roadway and infrastructure improvements, as well as ongoing support
and engineering consultation services during permitting, bidding, and construction, including
answering questions and updating the plan set as needed. In order to implement the roadway
improvements within the private parcels, the consultant is required to determine the extent of
property rights that need to be acquired and develop legal descriptions and plat maps of the
associated rights.
Consultant Selection
To solicit interest from qualified professionals, a RFP was released on May 29, 2015, via direct
email and posting on the District website. A mandatory pre-proposal site tour was conducted on
June 10, 2015, with six consultants in attendance. A second tour was offered and conducted on
June 17, 2015. Two proposals were received as shown below.
Firm Location Proposal Amount
Pavement Engineering, Inc Petaluma, CA $268,172
RI Engineering, Inc. Santa Cruz, CA $264,350
Based on an evaluation by the District staff selection committee, the firm Pavement Engineering
Inc. was clearly identified as the most qualified given their prior experience and expertise in the
field of rural roadway design and engineering. Of significance is Pavement Engineering’s prior
experience with road projects and in rural settings. During the RFP process, Pavement
R-15-103 Page 3
Engineering Inc. also demonstrated responsiveness and a deep understanding of the project’s
background and setting, and the complexity associated with the design of the desired roadway
improvements with the property rights that need to be secured. As an additional benefit, the
Principal Engineer who developed the 2010 Engineer’s Report will also be the Principal for this
Project, providing the Pavement Engineering Inc. team with a unique set of background and
institutional knowledge of the project, which will expedite the project initiation and design
development. Overall, Pavement Engineering Inc. demonstrated relevant prior project
experience, comprehensive knowledge of the Project’s background and setting, and submitted a
high quality proposal.
Fee proposals were submitted separately and were considered only after the initial evaluation of
each firm’s qualifications. Pavement Engineering, Inc‘s fee proposal was the top-range of the
proposals received, $3,822 higher than the second fee proposal, but the relative cost for this
design and engineering contract represents an excellent value.
In addition, due to the potential complexity with securing property rights for implementing the
project, the General Manager is recommending the Board authorize a 15% contingency amount
of $40,228. Finally, the total Pavement Engineering, Inc. contract amount of $308,400, which
includes a standard contingency of 15%, represents only 9.5% of the total Mount Umunhum
Road Design, Permitting & Implementation cost estimate of $3.28 M.
FISCAL IMPACT
The FY2015-16 budget includes sufficient funds for work to be completed under the proposed
professional services contract during this fiscal year. Any remaining balance of the amount
authorized under this contract will be carried over through FY2016-17 to complete the proposed
consultant scope of work. Additionally, an additional budget of $2,610,000 is anticipated for
FY2016-17 to construct the roadway improvements.
BOARD COMMITTEE REVIEW
This recommended contract was not previously reviewed by a Committee. However, the full
Board of Directors did approve the opening of Mount Umunhum Road to public vehicular access
as part of the Mount Umunhum Environmental Restoration and Public Access Project in 2012.
This contract is a required step toward opening the road.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Additional notice was provided to
adjoining neighbors of Mount Umunhum Road.
CEQA COMPLIANCE
Awarding a design and engineering contract is not considered a Project under the California
Environmental Quality Act. Further, implementation of the Summit Project was included in the
Mount Umunhum Environmental Restoration and Public Access Project Environmental Impact
Report, certified in October 2012.
R-15-103 Page 4
NEXT STEPS
The engineering design process for the Mount Umunhum Road Improvement Project will
include collaboration with staff from the Planning, Real Property, and Operations Departments.
Future construction contracts will be brought to the Board at a later date, once permits are in
place and bids secured to construct the roadway improvements.
Task Date
Preliminary Design Work and Determination of Property Rights
Required to Implement Roadway Upgrades Summer/Fall 2015
Permitting/Construction Documents Winter 2015
Board Approval of Roadway Improvements Construction
Contract Spring 2016
Construction Phase Summer/Fall 2016
Responsible Department Head:
Jane Mark, AICP, Planning Department Manager
Prepared by:
Zachary Alexander, Planner II
R-15-94
Meeting 15-18
July 8, 2015
AGENDA ITEM 6
AGENDA ITEM
Proposed Purchase of the Toepfer Property as an addition to La Honda Creek Open Space
Preserve, located on Bear Gulch Road in unincorporated San Mateo County (Assessor’s Parcel
Number 072-343-110).
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Toepfer property.
3. Adopt a Preliminary Use and Management Plan for the Toepfer property, as set out in the
staff report.
4. Indicate the intention to withhold the Toepfer property as public open space.
SUMMARY
The Midpeninsula Regional Open Space District (District) is proposing to purchase the 38.14-
acre Toepfer property for $1,220,000, as an addition to the La Honda Creek Open Space
Preserve. Because of its strategic location, this property may serve a critical role in connecting
El Corte de Madera and La Honda Creek Open Space Preserves in the future. The following
report presents a description of the Toepfer property, a Preliminary Use and Management Plan,
the District’s environmental review, the purchase terms and conditions, and financial
considerations. The Fiscal Year (FY) 2015-16 Budget contains sufficient funds to cover the cost
of this purchase.
MEASURE AA
A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting
and includes Project #5-1 (Pursue Land Conservation Opportunities at La Honda Creek Open
Space Preserve). This proposed purchase serves the goals of Project #5-1 by conserving open
space, increasing recreational opportunities, and protecting the headwaters of La Honda Creek
watershed and its wildlife habitats.
R-15-94 Page 2
DISCUSSION
Property Description and Regional Context (see attached map)
Located in unincorporated San Mateo County, the 38.14-acre Toepfer property is approximately
0.5 miles west of Skyline Boulevard (State Highway 35) and 1.5 miles northwest of the
community of Sky Londa. It lies between the 6,073-acre La Honda Creek Open Space Preserve
to the west and south and the 2,906-acre El Corte de Madera Creek Open Space Preserve to the
north. Private parcels surround the property, though only some of them have been developed.
One property corner of El Corte de Madera Creek Open Space Preserve is located across from
the Toepfer property, on the other side of Bear Gulch Road, and an access point to the Preserve’s
Spring Board Trail is approximately 600’ from the parcel’s northwest property line. Because
Bear Gulch Road is considered the southern boundary of El Corte de Madera Creek Open Space
Preserve, the property is proposed as an addition to La Honda Creek Open Space Preserve. The
Toepfer property may serve a critical role in establishing a future connection between the two
preserves.
The property reaches an elevation of approximately 2,320 feet and is characterized by sloping
terrain that flows into the headwaters of La Honda Creek. Second growth redwood, Douglas fir,
and mixed evergreen forest form a dense canopy over the entire property. The property provides
varied habitat, forage, and unimpeded movement for local species.
Improvements and Land Use
The property is not improved. Approximately 500 feet of the parcel’s northwest property line
fronts Bear Gulch Road. A gated, unimproved driveway provides access from Bear Gulch Road.
An overgrown roadbed begins at the driveway and leads into the center of the property. On-site,
there are existing trails that bisect the property and lead to the creek. The property has access to
electrical service via an above-ground PG&E transmission line along the western boundary.
USE AND MANAGEMENT
Planning Considerations
The property is comprised of one legal parcel in unincorporated San Mateo County. The current
General Plan designation is Open Space and zoned RM (Resource Management). Reportedly,
there are no submissions for development. Per the County General Plan, the proposed uses for
natural resource management, sensitive habitat preservation, and low intensity recreation are
allowable within an Open Space designation.
If purchased, the property would be incorporated into the La Honda Creek Open Space Preserve
and the Preliminary Use and Management Plan would be implemented. A subsequent planning
process would analyze opportunities for natural resource management and public use compatible
with surrounding land uses. Further environmental review would be prepared as needed.
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 takes effect at the close of escrow and remains effective until an amendment to the
Preserve Master Plan for La Honda Creek Open Space Preserve is warranted. The PUMP
includes site security, new signage, and maintenance of the property in its natural condition, as
R-15-94 Page 3
described more fully below. If changes to land use or the physical 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. Issue neighbor
permits on a case-by-case basis allowing hiking use consistent with historical
use patterns.
Signs and Site
Security:
Fences and
Gates:
Roads and
Trails:
Patrol:
Install Preserve boundary and closed area signs, where appropriate.
Install gates/fencing as necessary to prevent unauthorized vehicular entry.
Maintain access route into the site in a serviceable condition. Implement
maintenance and minor erosion and sediment control measures for access
roads in accordance with District standards.
Routinely patrol property using existing access.
Resource
Management:
Conduct invasive plant and animal management activities consistent with the
District’s standard policies and procedures.
Wildfire Fuel
Management:
Implement standard District-wide fuel management and defensible space
practices.
Site Safety
Inspection:
No evidence of hazardous materials detected.
Name: Name the property as an addition to La Honda Creek Open Space Preserve.
Dedication: Indicate your intention to withhold dedication of the subject property as open
space at this time.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of the 38.14-acre Toepfer property as an addition to the
District’s open space preserve system and concurrent adoption of a Preliminary Use and
Management Plan. Minor erosion and sediment control measures in accordance with District
standards may be conducted along the existing access routes/trails to prevent water quality
degradation. Minor resource management activities may be conducted to control invasive plants.
The land would be preserved as open space and maintained in a natural condition.
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 15301, 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows:
R-15-94 Page 4
Section 15301 exempts the repair, maintenance, 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 project proposes
performing erosion control work as necessary along the existing road and performing minor
restoration activities to maintain the property in a natural condition.
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
Preliminary Use and Management Plan specifies that the land will not be developed and will
remain in a natural condition.
Section 15317 exempts the acceptance of fee interests to maintain the open space character of an
area. The District will acquire fee interest to maintain the open space character of the property.
Section 15325 exempts transfers of ownership of interests in land to preserve open space. This
acquisition will transfer fee ownership of 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 the La Honda Creek Open Space Preserve.
Section 15061(b)(3) exempts actions recommended in the Preliminary Use and Management
Plan as it has been determined that there is no possibility the recommended actions will have a
significant effect on the environment.
TERMS AND CONDITIONS
The 38.14-acre Toepfer property is proposed for purchase at a price of $1,220,000.00. The
property fair market value was determined by an appraisal commissioned by the District that is
well supported by sales in the Skyline Boulevard-Woodside real estate market area in San Mateo
County. The property would be purchased as-is on an all cash basis.
FISCAL IMPACT
Fiscal Year (FY) 2015–2016 Budget for New Land Purchases:
New Land Purchases Budget (FY 2015-16) $11,000,000.00
Previous Land approved for purchase this year ($ 525,000.00)
Toepfer Property ($ 1,220,000.00)
New Land Purchase Budget Remaining $ 9,255,000.00
The District Controller was consulted on this proposed purchase and has indicated that,
considering cash flow and account balances, funds are available for this property purchase.
Installation of boundary demarcation and gates/fencing to prevent unauthorized vehicular entry
is estimated at $10,000. These costs are included in the Real Property Budget for FY2015-16.
No other capital costs are required as part of the purchase.
R-15-94 Page 5
BOARD COMMITTEE REVIEW
The District’s Real Property Committee held a meeting on June 18, 2015 to review information
about the property and receive public input on the proposed purchase. Notice of the meeting was
distributed on June 11, 2015 to property owners located adjacent to or surrounding the subject
property and interested parties. One adjoining neighbor was in attendance. Staff provided an
overview and photo tour of the property and reviewed the purchase terms. Staff also described
how the property would remain closed and managed as an extension of the surrounding Preserve
under the proposed Preliminary Use and Management Plan. The Real Property Committee
approved recommending this purchase to the full Board of Directors in a vote of 3-0.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Property owners of land located
adjacent to or surrounding the subject property have also been mailed a copy of this agenda.
NEXT STEPS
Upon Board approval, the General Manager will direct staff to proceed with the close of escrow
for the purchase of the property and implement the Preliminary Use and Management Plan. Real
Property staff will continue to work with neighboring property owners in this area to explore trail
connections between El Corte de Madera and La Honda Creek Open Space Preserves. The
District’s Skyline Field Office will manage the property as an addition to La Honda Creek Open
Space Preserve.
Attachments:
1. Resolution Authorizing Acceptance of Purchase Agreement, Authorizing the General
Manager or Other Officer to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute any and all Other Documents
Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space
Preserve - Lands of Toepfer)
2. Location Map
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Michael Williams, Real Property Manager
Elish Ryan, Real Property Planner III
Contact person:
Michael Williams, Real Property Manager
Graphics prepared by:
Michele Childs, GIS Technician
Attachment 1
Resolutions/2015/15-__Toepfer Purchase 1
RESOLUTION 15-___
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF PURCHASE AGREEMENT, AUTHORIZING THE GENERAL
MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE -
LANDS OF TOEPFER)
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 (District) does hereby accept the offer contained in that certain Purchase and Sale
Agreement between George O. Toepfer, Jr., Trustee of George Toepfer Family Trust, and
Dolores V. Toepfer, Trustee of the Dolores Toepfer Family Trust, each as to an undivided 1/2
interest, and the Midpeninsula Regional Open Space District, a copy of which purchase
agreement is attached hereto and by reference made a part hereof, and authorizes the President of
the Board of Directors, General Manager or other appropriate officer to execute the Agreement
and all related transactional documents on behalf of the District to acquire the real property
described therein (“the Toepfer Property”).
SECTION TWO. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute the Certificate of Acceptance for the Grant Deed on
behalf of the District.
SECTION THREE. The General Manager or the General Manager’s designee shall
cause to be given appropriate notice of acceptance to the seller and to extend escrow if
necessary.
SECTION FOUR. 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 and up to $10,000 for the site security of the
property.
SECTION FIVE. The General Manager and General Counsel are further authorized to
approve any technical revisions to the attached Agreement and documents, which do not involve
any material change to any term of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
SECTION SIX. The purpose of this Section is to enable the District to reimburse its
general fund for the cost of certain land acquisitions. The District wishes to finance certain of
these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-
exempt financing is not cost-justified for the District unless the principal amount of the financing
is large enough to justify the related financing costs. Consequently, it is the District’s practice to
buy property with its general funds and, when a tax-exempt financing is cost-justified based on
the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for
Attachment 1
Resolutions/2015/15-__Toepfer Purchase 2
previous expenditures of general funds. These general funds are needed for operating and other
working capital needs of the District and are not intended to be used to finance property
acquisitions on a long-term basis.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2015, 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
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R-15-90
Meeting 15-18
July 8 , 2015
AGENDA ITEM 7
AGENDA ITEM
Year-End Review of the Fiscal Year 2014-15 District Budget and Expenditures
GENERAL MANAGER’S RECOMMENDATION
Accept the Year-End Review of the Fiscal Year 2014-15 Budget and Expenditures.
SUMMARY
District property tax revenue for Fiscal Year (FY) 2014-15 totaled $35.1 million, a $1.37 million
or 4.1% increase over the Midyear budget. Expenditures totaled $35.6 million, which is 19%
below the Midyear budget of $43.9M. Supplementing the property tax revenue is revenue from
other sources totaling $2.8 million, including Rental Income, Grants, and Interest. The District
continued to remain well within both the Operating Expenditure (OpEx) and Capital Expenditure
(CapEx) Budget Guidelines of 55.0% and 10.5% of property tax revenue, respectively. Over the
course of last fiscal year, the District made substantial progress on 92 Key Action Plan Projects,
or 87% of the total project list. (R-15-79). Overall spending continues to demonstrate the
District’s commitment to completing high priority capital projects, including public access
facilities in the Mindego Area of Russian Ridge Open Space Preserve (OSP), the Bald Mountain
parking area at Sierra Azul OSP, and an additional two miles of the Mt. Umunhum trail to the
summit.
DISCUSSION
Revenues
The District’s property tax revenue estimate of $33.6 million was increased at Midyear to $33.7
million, reflecting higher than projected revenues due to the continued economic growth in the
region. As of March 31, 2015, property tax revenues totaled $35.1 million, which are 4.6%
higher than the adopted estimate and 4.1% above the Midyear adjustment. The District also
received grants totaling $947,000, as well as $1.1 million in rental income under the Property
Management Program.
Expenditures
The District’s FY2014-15 expenditures remained within the approved budget. Expenditures by
category are listed in Table 1 below.
R-15-90 Page 2
Table 1 – FY2014-15 District Budget and Expenditures
*Refer to discussion below regarding Property Management expenditures for explanation on incorrect budget
accounting that led to what misleadingly appears to be an over expenditure.
The District ended the year with total expenditures of $35.6 million, which is $8.3 million or
19% below the Midyear budget. Excluding land purchases and debt service, total expenditures
were $21.9 million, which is $3.8 million or 14.6% below the Midyear budget. (Attachment 1
provides additional information about FY2014-15 expenditures).
Operating Expenditures
Salaries and benefits ended the year 7.2% below the Midyear budget due to staff vacancies,
resulting in a savings of $1,049,313. Services and supplies were $633,990, or 14.8% below
budget primarily due to lower than budgeted spending in contract and outside services in most
departments due to staff vacancies and the subsequent delay of new position recruitments
(cascading effect resulted in recruitments that focused on filling existing positions versus new
positions to expand capacity and allow new, additional projects to begin).
Strategic and Vision Plan Costs
Significant this year was completion of the final District Vision Plan document and Board
approval of the Initial Five-Year Measure AA Project List. Included as part of the Strategic
Plan/Vision Plan budget were Measure AA election costs, consultant expenses, funding for
temporary staff to backfill District staff assigned to the Vision Plan and Capital Expenditure
Plan, and a Community Outreach Specialist position to support increased public outreach
activities related to the Strategic Plan. The District Controller determined that these expenses
were non-recurring and therefore could be excluded from the Operating Expense Guideline and
thus grouped separately under this category of expenses. Savings of $470,320, or 34% below the
Midyear budget, were due to a shift to more in-house work versus the use of consulting services
to prepare the Five-Year Measure AA Project List, as well as the partial year vacancy of the
Community Outreach Specialist position in the Public Affairs Department.
DISTRICT EXPENDITURES
FY 2014-15
Adopted Budget
FY 2014-15
Midyear Budget
FY 2014-15
Yearend Actuals
$ Change from
FY2014-15
Midyear Budget
% Spent of
FY2014-15
Midyear
Budget
PROPERTY TAX REVENUES 33,556,000 33,740,000 35,109,783 1,369,783 104%
EXPENDITURES
Salaries and Benefits 14,522,606 14,522,606 13,474,293 (1,048,313) 93%
Services and Supplies 4,126,527 4,276,527 3,642,537 (633,990) 85%
Total Operating Expense (OPEX) 18,649,133 18,799,133 17,116,829 (1,682,304) 91%
Strategic Plan/Vision Plan 1,447,911 1,397,911 927,591 (470,320) 66%
Capital (CAPEX) 5,105,076 5,005,076 3,262,817 (1,742,259) 65%
Property Management 470,550 470,550 615,280 144,730 131%*
Debt Service 8,893,601 8,893,601 8,893,601 0 100%
Land and Assoc. Cost 9,354,000 9,354,000 4,771,119 (4,582,881) 51%
Total Non-Operating Expense 25,271,138 25,121,138 18,470,408 (6,650,730) 74%
TOTAL DISTRICT EXPENDITURES 43,920,271 43,920,271 35,587,238 (8,333,033) 81%
R-15-90 Page 3
Fixed Assets and Capital Projects
Capital project delays associated with permitting issues, higher than anticipated bids that
required re-bids, staff vacancies, and scope changes resulted in expenditure savings of
approximately $1.7 million in the Capital budget. The District completed the scope of work for
57 of its 106 total active capital and non-capital projects. Significant accomplishments include:
• New Public Access Facilities in the Mindego Area of Russian Ridge Open Space
Preserve (OSP): Mindego Gateway parking area, Mindego Hill trail, and Ancient Oaks
trail extension;
• New Bald Mountain parking area at Sierra Azul OSP with 24 vehicles spaces, 4 adjacent
roadside spaces, restroom, and signboards;
• An additional 2 miles of the Mt. Umunhum trail to the summit; and
• First phase of the Oljon Trail in El Corte de Madera Creek OSP.
Property Management
The District manages 70 leases of which 41 are rental residences, 18 are agricultural leases, 10
are communications leases, and one (1) is a winery lease. Rental income totaled $1,123,173, or
1.3% over the budgeted amount of $1,108,948, and expenditures totaled $615,280 or 31% over
the budgeted amount of $470,550 due to capital expenses incorrectly budgeted under Land and
Associated costs. During the year-end audit review, a total of $218,000 was identified in the
Land accounts that should have been classified as structures and improvements in the Capital
accounts under Property Management for expenditures related to repairs of rental structures. The
expenditures were subsequently moved from Land and Associated Costs to Property
Management, however, the budget remained in Land, causing the Property Management
Program to exceed its budget even though the repairs and related funds were technically
approved. Removal of the $218,000 from the year-end total of $615,280 results in actual
expenditures of $297,000 in Property Management, a savings of 16%.
Long-Term Debt and Debt Service
Debt service expenses in FY2014-15 totaled $8.89 million, consisting of $3.14 million in
principal and $5.75 million in interest. Total debt service expenditures were equal to the
budgeted amount.
Land and Associated Costs
The District purchased and helped preserve 533 acres of open space land during FY2014-15 at a
total cost of $4.77 million. Highlights of land additions include:
• Land exchange with Ridge Vineyards to protect scenic Monte Bello ridgeline, preserve
public recreation and an important wildlife corridor, and resolve an historic encroachment,
resulting in a net increase of 25.28 acres of protected land;
• Purchase of the 60 acre Lysons property for $1,480,000, with $740,000 in partnership funds,
completing the land needed for the Upper Stevens Creek regional trail;
• Purchase of a conservation easement over the 353 acre POST (Alpine Ranch) property for
$2.5 million as a potential future addition to San Mateo County’s Pescadero Creek Park
Complex;
• Purchase of the 40.2 acre Riggs property helping protect the Lobitos Creek Watershed,
which provides spawning habitat for Coho Salmon and Steelhead. The property was
purchased with a $362,500 gift of land; and
R-15-90 Page 4
• Purchase of the 40 acre Burton/Robinson property for $400,000 as an addition to the Sierra
Azul Open Space Preserve.
Associated Land costs totaled approximately $631,000, including: $149,000 for demolition and
site restoration of the Lobner Trust property and site evaluation for the Lysons property at Monte
Bello; $222,000 for structure and infrastructure improvements to various properties; and
$142,000 for environmental compliance, engineering and geotechnical studies for the Ridge
Vineyard Exchange, POST (Hendrys Creek), and Ravenswood Bay Trail projects.
Land grants and gifts included $740,000 from Santa Clara County Parks for the partnership
purchase of the Lysons property, and a $362,500 (50 %) gift of land associated with the Riggs
property, as well as a $5,000 gift parcel in the Redwood Park subdivision, both at Purisima
Creek Redwoods Open Space Preserve.
Land expenditures ended the year approximately $4.58 million below budget due to ongoing
negotiations for properties at Purisima Creek, La Honda Creek, and Sierra Azul Open Space
Preserves, of which two were completed in May 2015.
Past Budget Performance
Table 2 below presents a comparison of FY2014-15 budget performance to FY2012-13 and
FY2013-14. The operating budget expenditures typically range between 91% and 94% of the
actual operating budget, reflecting the District’s continued prudent financial management. The
total District budget, however, has a much wider range (81% to 91%), due to the uncertainty of
annual land purchases and the deferral of key capital and fixed asset projects.
Table 2 – Past Performance
DISTRICT EXPENDITURES FY2012-13 FY2013-14 FY2014-15
Operating Expense 92%94%91%
Strategic Plan/Vision Plan 30%66%66%
Capital (CAPEX)54%74%65%
Property Management 72%90%131%
Debt Service 100%100%100%
Land and Assoc. Cost 72%51%51%
TOTAL EXPENDITURES 91%83%81%
Hawthorn Fund
Table 3 – Hawthorn Fund Budget and Expenditures
EXPENDITURES
FY2014-15
Adopted Budget
FY2014-15
Midyear Budget
FY2014-15
Actual
$ Change from
FY2014-15
Midyear Budget
% Spent of
FY2014-15
Midyear Budget
Salaries and Benefits 19,610 19,610 0 19,610 0%
Services and Supplies 202,075 202,075 17,803 184,272 9%
Capital/Fixed Assets 120,742 120,742 5,771 114,972 5%
TOTAL EXPENDITURES 342,427 342,427 23,573 318,854 7%
HAWTHORN
R-15-90 Page 5
The FY2014-15 expenditures from the Hawthorn Fund totaled $23,573 which is 93% below the
Midyear Budget of $342,427 (See Table 3, above). The remaining stabilization work on the
Hawthorn house and carriage house (garage) remained on hold until the District selected a new
partner and formalized the partnership to manage the historic complex. Partner selection
occurred in FY2014-15, and involved coordination with the Town of Portola Valley, Peninsula
Open Space Trust, and other interested partners. While partner selection was evaluated, ongoing
pest control continued to protect the house in the interim. During the final quarter of the fiscal
year, the Planning and Natural Resources Committee considered the potential partner selection
and recommended the partner to the Board for approval. The Board approved the partner in early
FY2015-16.
Required abatement of hazardous materials and improvements at the Alpine House (not part of
the historic complex) were delayed until FY2015-16 as staff resources were assigned to the
Capital Finance Project and to the development of the 5-Year Measure AA Project List.
Consequently, of the $163,300 budgeted for repairs to the Alpine House and general property
maintenance, only approximately$20,000 was spent on patrol, utilities, and creating the plans
and specifications for the Alpine House in preparation for a Request for Bids in FY2015-16.
The Hawthorn Endowment Fund balance as of March 31, 2015, net of all expenditures, was
$1,694,802 (See Table 4 below).
Table 4: Hawthorn –Endowment/Cash Balance
Hawthorn Fund Original Endowment
FY2011-12 Interest Income
FY2011-12 Expenditures
FY2012-13 Interest Income
FY2012-13 Expenditures
FY2013-14 Interest Income
FY2013-14 Expenditures
FY2014-15 Interest Income
FY2014-15 Expenditures
ENDING BALANCE
3,267$
HAWTHORN
ENDOWMENT FUND
2,018,445$
(23,573)$
1,694,802$
(50,672)$
7,854$
(112,347)$
6,121$
(160,111)$
5,818$
BOARD COMMITTEE REVIEW
There was no Committee review for this agenda item.
FISCAL IMPACT
The Year-End review of the FY2014-15 budget has no fiscal impact on the FY2015-16 budget.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
R-15-90 Page 6
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act (CEQA)
and no environmental review is required.
NEXT STEP
In fall of 2015, the District Controller and General Manager will prepare the FY2015-16
Midyear Report and present it to the Board for review.
Attachment:
1. District Budget by Department Summary FY2014-15 Annual Review
Responsible Department Manager:
Kate Drayson, Administrative Services Manager
Prepared by:
Frank Hernandez, Finance and Budget Analyst
Kate Drayson, Administrative Services Manager
Michael Newburn, Operations Manager
Jane Mark, Planning Manager
Tina Hugg, Senior Planner
Mike Williams, Real Property Manager
Kirk Lenington, Natural Resources Manager
Shelly Lewis, Public Affairs Manager
Gordon Baillie, Management Analyst II
Elaina Cuzick, Real Property Specialist
Amudha Sankar, Senior Administrative Assistant
Peggy Koenig, Public Affairs Specialist
Contact person:
Frank Hernandez, Finance and Budget Analyst
Kate Drayson, Administrative Services Manager
District Budget by Department Summary FY2014-15 Annual Review
ATTACHMENT 1
DISTRICT EXPENDITURES
FY 2014-15
Adopted Budget
(1)
FY 2014-15
Midyear Budget
(2)
FY 2014-15
Actuals
(Unaudited)
$ Change from
FY2014-15
Midyear Budget
% Spent of
FY2014-15
Midyear Budget
DISTRICT BUDGET BY DEPARTMENT
Administration
Salaries and Benefits 3,153,650 3,153,650 2,921,591 (232,059)93%
Services and Supplies 1,023,695 1,033,695 1,093,477 59,782 106%
Total Operating Expense 4,177,345 4,187,345 4,015,068 (172,277)96%
Strategic/Vision Plan 1,043,075 1,043,075 714,088 (328,987)68%
Capital 71,200 171,200 49,956 (121,244)29%
Total Non-Operating Expense 1,114,275 1,214,275 764,044 (450,231)63%
Total Administrative Expenditures 5,291,620 5,401,620 4,779,112 (622,508)88%
Natural Resources
Salaries and Benefits 1,073,745 1,073,745 909,239 (164,506)85%
Services and Supplies 468,551 468,551 382,869 (85,682)82%
Total Operating Expense 1,542,296 1,542,296 1,292,108 (250,188)84%
Capital 915,000 840,000 719,426 (120,574)86%
Total Non-Operating Expense 915,000 840,000 719,426 (120,574)86%
Total Natural Resources Expenditures 2,457,296 2,382,296 2,011,533 (370,763)84%
Operations
Salaries and Benefits 6,900,055 6,900,055 6,603,950 (296,105)96%
Services and Supplies 1,707,440 1,702,440 1,472,307 (230,133)86%
Total Operating Expense 8,607,495 8,602,495 8,076,257 (526,238)94%
Capital 2,262,266 2,232,266 1,704,935 (527,331)76%
Total Non-Operating Expense 2,262,266 2,232,266 1,704,935 (527,331)76%
Total Operations Expenditures 10,869,761 10,834,761 9,781,192 (1,053,569)90%
Planning
Salaries and Benefits 1,402,824 1,402,824 1,257,522 (145,302)90%
Services and Supplies 199,501 349,501 145,080 (204,421)42%
Total Operating Expense 1,602,325 1,752,325 1,402,602 (349,723)80%
Strategic/Vision Plan 234,000 184,000 92,121 (91,879)50%
Capital 1,856,610 1,761,610 788,500 (973,110)45%
Total Non-Operating Expense 2,090,610 1,945,610 880,621 (1,064,989)45%
Total Planning Expenditures 3,692,935 3,697,935 2,283,223 (1,414,712)62%
Public Affairs
Salaries and Benefits 1,135,930 1,135,930 1,074,534 (61,396)95%
Services and Supplies 597,790 592,790 493,783 (99,007)83%
Total Operating Expense 1,733,720 1,728,720 1,568,317 (160,403)91%
Strategic/Vision Plan 170,836 170,836 121,382 (49,454)71%
Total Non-Operating Expense 170,836 170,836 121,382 (49,454)71%
Total Public Affairs Expenditures 1,904,556 1,899,556 1,689,699 (209,857)89%
Real Property
Salaries and Benefits 856,402 856,402 707,455 (148,947)83%
Services and Supplies 129,550 129,550 55,021 (74,529)42%
Total Operating Expense 985,952 985,952 762,477 (223,475)77%
Property Mgt.470,550 470,550 615,280 144,730 131%
Debt Service 8,893,601 8,893,601 8,893,601 0 100%
Land and Assoc. Costs 9,354,000 9,354,000 4,771,119 (4,582,881)51%
Total Non-Operating Expense 18,718,151 18,718,151 14,280,001 (4,438,150)76%
Total Real Property Expenditures 19,704,103 19,704,103 15,042,478 (4,661,625)76%#DIV/0!
DISTRICT EXPENDITURES BY CATEGORY
Salaries and Benefits 14,522,606 14,522,606 13,474,293 (1,048,313)93%
Services and Supplies 4,126,527 4,276,527 3,642,537 (633,990)85%
Total Operating Expense (OPEX)18,649,133 18,799,133 17,116,829 (1,682,304)91%
Strategic/Vision Plan 1,447,911 1,397,911 927,591 (470,320)66%
Capital (CAPEX)5,105,076 5,005,076 3,262,817 (1,742,259)65%
Property Mgt.470,550 470,550 615,280 144,730 131%
Debt Service 8,893,601 8,893,601 8,893,601 0 100%
Land and Assoc. Costs 9,354,000 9,354,000 4,771,119 (4,582,881)51%
Total Non-Operating Expense 25,271,138 25,121,138 18,470,408 (6,650,730)74%
Total District Expenditures 43,920,271 43,920,271 35,587,238 (8,333,033)81%
TOTAL OPERATING BUDGET: (OPEX)18,649,133 18,799,133 17,116,829 (1,682,304)91%
(1) FY2014-15 Adopted Budget: Original Annual Budget adopted by Board on 3/26/14.
(2) FY2014-15 Midyear Budget: Modified Budget includes Board approved Midyear budget changes.
From:Jennifer Woodworth
Subject:Responses to Questions Re: Tonight"s Agenda
Date:Wednesday, July 08, 2015 1:06:24 PM
Attachments:image001.png
Good afternoon all,
Please see the responses below in blue to questions submitted by Director Kishimoto. Thank you.
Jen
Claims. Callander Associates - Bay Trail concept plan. Can you give us a quick update on that?
In June 2014 the District expanded the contract with Callander (R-14-83) to complete additional
work requested by the SFPUC. Since that time, Callander has assisted the District in evaluating
alternative trail alignments that follow the SFPUC property boundary to avoid dividing the SFPUC
parcel. They have also completed a vehicle traffic/turning radius analysis and drainage analysis for
the site.
Staff presented this information to the SFPUC project review committee and received tentative
approval of the District's preferred alignment. With this approval, Callander is preparing the draft
Mitigated Negative Declaration.
Additional project updates will be provided at the July 22 nd Board meeting. At this meeting the
Board will be asked to adopt a resolution authorizing the General Manager to execute a funding
agreement with the County of San Mateo County to receive $1 million dollars to implement the San
Francisco Bay Trail connection project at Ravenswood Open Space Preserve.
Item 5 - Mt. Um road design. I think we talked about this before but we never had a board policy
decision.
* What specs were given to the engineers to design to? What is the design goal of the road?
As part of this project, the selected engineer will develop details and specs for proposed
improvements to Mount Umunhum Road. The selected engineer will follow Caltrans and Santa
Clara County road and sign standards while designing upgrades to the roadway.
The goal of the project is to implement the necessary roadway improvements required to
accommodate future public vehicular access to the summit of Mount Umunhum. The route of the
road will remain the same, as this project will provide designs for upgrades to the roadway
infrastructure, including resurfacing and widening the roadway where possible, designs for slope
stabilization measures and drainage system improvements, as well as standards for turnouts, curbs,
guardrails, and other safety infrastructure as needed
* How many vehicles/day or hour are we planning for?
The Mount Umunhum Environmental Restoration and Public Access Project Draft EIR estimates a
peak of 63 two-way vehicle trips on Saturdays after the summit of Mount Umunhum is opened to
the public. The road will be engineered to accommodate the estimated visitor levels.
* How will we accommodate bicycles? (passing, traffic calming, etc.)
The lower portion of Mount Umunhum Road is currently opened to vehicular and bicycle traffic,
and this operation practice is expected to be continued on the upper portion of the roadway once
opened to public access. The selected engineer will work with District representatives to develop,
where feasible, turnouts and traffic calming measures to be installed to promote safe travel along
the roadway.
* what will be the width of the road not including shoulders or drainage?
Mount Umunhum Road will be designed to a minimum width of 18ft, and will be widened where
feasible.
* what average speed will it be designed for?
Mount Umunhum Road currently has a posted speed limit of 25 mph. Proposed roadway
improvements will be engineered to the existing speed limit.
* are there lights planned?
There are no new lights proposed or planned at this time.
Please share the specs given to consultant.
Specifications will be developed by the consultant. Please see above response to first question on
this item. Also here is a link to the Request for Qualifications and Proposals posted to the District’s
website. http://www.openspace.org/sites/default/files/2015.05.29.MountUmRoadDesign_RFP.pdf
Jennifer Woodworth, CMC
District Clerk
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485