HomeMy Public PortalAbout20161026 - Agenda Packet - Board of Directors (BOD) - 16-26
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, October 26, 2016
Special Meeting starts at 5:30 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – STUDY SESSION
ROLL CALL
1. Project Delivery Process Overview (R-16-135)
Staff Contact: Ana Ruiz, Assistant General Manager
General Manager’s Recommendation: No action required.
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not 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 October 12, 2016 Minutes
Meeting 16-26
2. Approve Claims Report
3. Award of Contract to Randazzo Enterprises, Inc. to Complete the Driscoll Ranch
Remediation and Demolition Project (Project) at La Honda Creek Open Space Preserve for a
Base Amount Not-to-Exceed $231,742 and a Separate 10% Contingency (R-16-136)
Staff Contact: Aaron Hébert, Water Resources Specialist and Matt Brunnings, Capital Project
Manager
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Randazzo Enterprises, Inc. of
Castroville, CA, for a not-to-exceed base amount of $231,742 to complete the Project.
2. Authorize a 10% construction contract contingency in the amount of $23,174 to be reserved
for unanticipated issues, thus allowing the total contract amount not-to-exceed $254,916.
4. Contract Authorization for Integrated Pest Management Implementation along the Roads
and Trails at Bear Creek Redwoods OSP (R-16-121)
Staff Contact: Coty Sifuentes-Winter, IPM Coordinator
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Ecological Concerns, Inc. of
Santa Cruz, California in the amount not to exceed $37,000 to provide services to
implement the Integrated Pest Management Plan for vegetation restoration along the Roads
and Trails at Bear Creek Redwoods Open Space Preserve in Fiscal Year 2016-17.
2. Authorize the General Manager to extend the above contract in the amount not to exceed
$37,000 per year in Fiscal Years 2017-18 through 2019-20 to provide services to implement
the Integrated Pest Management Plan for vegetation restoration along the Roads and Trails
at Bear Creek Redwoods Open Space Preserve if the Board approves this funding in the
future budgets.
3. Adopt a Resolution approving a budget adjustment/increase in the amount $37,000 to the
Fiscal Year 2016-17 District budget to fund the project.
5. Contract Amendment for Water Engineering and Consulting Services (R-16-131)
Staff Contact: Aaron Hébert, Water Resources Specialist
General Manager’s Recommendation:
1. Authorize the General Manager to execute a contract amendment with Wagner &
Bonsignore Engineers for additional services related to water systems and water rights in
the amount of $45,000 in Fiscal Year 2016-17.
2. Authorize the General Manager to extend the above contract in the amount not to exceed
$40,000 in Fiscal Year 2017-18 to provide additional services related to water systems and
water rights if the Board approves this funding in the FY2017-18 budget.
6. Award of Contract to Butano Geotechnical Engineers, Inc., for Geotechnical Engineering
Quality Control Observation and Testing Services in support of the Mount Umunhum Road
Rehabilitation Project (R-16-137)
Staff Contact: Zachary Alexander, Capital Project Manager II
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a professional services contract with Butano
Geotechnical Engineers, Inc., in the amount of $79,890 to perform third party quality
control geotechnical observation and testing in support of the Mount Umunhum Road
Rehabilitation Project at Sierra Azul Open Space Preserve.
2. Authorize a 10% contract contingency in the amount of $7,989 to be reserved for additional
investigation, observation, and testing due to changes in construction scope or unforeseen
conditions, for a not-to-exceed total contract amount of $87,879.
7. Update to the Annual Review of Restricted, Committed, Assigned, and Unassigned Reserves
and Reserve Amounts (R-16-138)
Staff Contact: Stefan Jaskulak, Chief Financial Officer
General Manager’s Recommendation: Adopt a resolution amending the Fund Balance Policy to
authorize (1) a $5 million increase in the Infrastructure Fund for the Administrative and Field Offices,
and (2) adjust the minimum Unassigned Fund Balance to 30% of Budgeted General Fund Tax
Revenue, instead of a fixed dollar amount and (3) provide flexibility to repay unassigned reserve
fund spending to a cap of 5% of Budgeted General Fund Tax Revenue.
8. Revise a Resolution to Accurately Reflect Board Appointee Compensation in Response to
California Public Employees’ Retirement System Public Agency Review (R-16-139)
Staff Contact: Candice Basnight, Human Resources Supervisor
General Manager’s Recommendation: Adopt a resolution to supersede resolutions which did not
include language required by CalPERS to accurately reflect Employer Paid Member Contributions
as special compensation for Board Appointees.
9. Contract to Provide Fence Installation Work at the Skyline Ridge Open Space Preserve (R-
16-133)
Staff Contact: Elaina Cuzick, Senior Property Management Specialist
General Manager’s Recommendation:
1. Authorize the General Manager to enter into an agreement with Hammer Fence, for a total
contract amount not to exceed $73,122.75 to provide fence installation work at the Skyline
Ridge Open Space Preserve for riparian resource protection from the cattle grazing
operation.
2. Determine that the recommended action is exempt from the California Environmental
Quality Act (CEQA).
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.
10. Consideration of San Mateo County Farm Bureau Request for Indemnification of Grazing
Tenants and Request for Meeting with Board Members (R-16-140)
Staff Contact: Brian Malone, Land and Facilities Services Department Manager
General Manager’s Recommendation:
1. Affirm continued use of standard grazing lease language that requires District grazing
tenants to indemnify the District.
2. Review a draft Board response letter to the Farm Bureau and direct the General Manager to
revise if necessary and send.
11. Fiscal Year 2016-17 Quarter 1 District Budget Amendments (R-16-134)
Staff Contact: Nicole Gonzales, Finance & Budget Analyst II
General Manager’s Recommendation:
1. Adopt a resolution approving the proposed FY2016-17 Quarter 1 District Budget
amendments.
2. Adopt a resolution approving the administrative budget cleanup for the previously approved
Petersen property purchase.
12. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
Controller (R-16-141)
Board Contact: Director Siemens, Board Appointee Evaluation Committee Chair
Board Appointee Committee’s Recommendation: As a result of the Board’s evaluation of the
performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee
Evaluation Committee recommends the following compensation adjustments for the Controller for
Fiscal Year 2016-17: Adjust the Controller’s annual salary to $42,900 plus a one-time merit pay
bonus of $2,300.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to execute
a revised Board Appointee Employment Agreement.
13. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Counsel (R-16-142)
Board Contact: Director Siemens, Board Appointee Evaluation Committee Chair
Board Appointee Committee’s Recommendation: As a result of the Board’s evaluation of the
performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee
Evaluation Committee recommends the following compensation adjustments for the General
Counsel for Fiscal Year 2016-17: Adjust the General Counsel’s base salary upward to $222,760
plus a one-time merit pay bonus of $10,600.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to execute
a revised Board Appointee Employment Agreement.
14. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Manager (R-16-143)
Board Contact: Director Siemens, Board Appointee Evaluation Committee Chair
Board Appointee Committee’s Recommendation: As a result of the Board’s evaluation of the
performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee
Evaluation Committee recommends the following compensation adjustments for the General
Manager for Fiscal Year 2016-17: Adjust the General Manager’s base salary upward to $247,600,
plus a one-time merit pay bonus of $12,000.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to execute
a revised Board Appointee Employment Agreement.
15. Appointment of Unopposed Candidates in Wards 3, 4, and 7 (R-16-144)
Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager
General Manager’s Recommendation: Adopt resolutions appointing the following unopposed
candidates: J. Edmond (Jed) Cyr, Jr. as Ward 3 Director to a four-year term; Curtis R. Riffle as
Ward 4 Director to a four-year term, and Cecily Harris as Ward 7 Director to a four-year term.
INFORMATIONAL MEMORANDUM
• Proposed Changes to the Process for Appointing District Peace Officers and Redesign of the
District Rangers’ Badge
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
B. Staff Reports
C. Director Reports
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on October 21, 2016, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
R-16-135
Meeting 16-26
October 26, 2016
STUDY SESSION AGENDA ITEM 1
AGENDA ITEM
Project Delivery Process Overview
GENERAL MANAGER’S RECOMMENDATION
No required action.
SUMMARY
An informational presentation will provide the Board of Directors with an overview of the
Midpeninsula Regional Open Space District’s (District) Project Delivery Process (PDP) that was
developed in 2015 and internally adopted on January 2016.
DISCUSSION
In August, 2014, the Board of Directors (Board) approved a contract with Management Partners
to kick-off the Financial and Operational Sustainability Model (FOSM) Study, in part, to
evaluate District workflow processes and identify options to accelerate the completion of high
priority projects. A careful review of the District’s project delivery process was particularly
important given the following:
1. The 2012 Board-approved Strategic Plan, which recalibrated the District by balancing
implementation of the three-part mission (to preserve open space, restore natural resources,
and provide for ecologically-sensitive public access), generated a sense of urgency and
greater pressure to deliver more resource management and public access projects.
2. The 2014 Board-approved Vision Plan significantly increased the District’s visibility and
generated a high level of public participation and vested interest in District projects.
3. Voter approval of Measure AA, the $300 Million General Obligation Bond Measure,
resulted in an executed “contract” between the public and District whereby the District is
now committed to carrying out the 25 Top Tier Vision Plan Portfolios within 30 years.
The FOSM noted that the old project delivery model, which the District had been implementing
for over 40 years, was until recently appropriate given that the agency had been functioning as a
small-scale organization whose primary focus was land acquisition. However, this model could
no longer serve the District well moving forward. In particular, the FOSM identified the
following concerns that raised serious doubt about the District’s ability to successfully ramp up
and manage the added Measure-AA funded project workload:
R-16-135 Page 2
1. Lack of an established, uniform, and shared project delivery approach that is common
among all District project managers that allows for a well-articulated and standardized path
for project delivery from inception to completion.
2. Project delivery teams that were organized on an ad-hoc basis.
3. Projects managed using a “cradle to grave” approach where the same project manager
developed the preliminary project scope and design, and also followed through with
construction management.
To address the issue, the FOSM recommended that a new, District-wide and standardized project
delivery approach be developed that increases staff efficiencies and leverages staff abilities by
assembling project teams and dividing the workload in accordance to staff skill and expertise:
FOSM Recommendation 3
Convene internal stakeholders to develop a refined, comprehensive project delivery
approach that ensures proper oversight, clarity of roles, prioritization, predictability, and
follow-through. Such an approach should move away from a generalist model with a single
project manager carrying the project through to completion to a team-based, specialist
model that enables multiple technical experts to move the project forward.
In response, the District embarked on a six-month effort starting in June of 2015 to develop a
new Project Delivery Process (PDP). This work included three full day workshops with over 15
key staff from seven departments who lead and/or support District projects. Together, the group
developed the PDP, and transcribed the process into a detailed PDP Flow Chart (Attachment 1)
and accompanying Team Ownership and Roles Table (Attachment 2). Project Team,
Department Manager, and Executive Team Roles and Commitments were defined to clarify
roles, responsibilities, expectations, and accountabilities. Moreover, basic project management
tools, including templates for Project Team Meeting Agendas and Minutes, Project Planning, and
Project Closeouts were also created. The process and support tools were adopted in January,
2016 and two trainings were held later that same year for other District project managers who
were not formally involved in the development of the PDP.
A New, Comprehensive Project Delivery Process (PDP)
The District’s new PDP requires staff to delineate project scope, cost, schedule, staffing, staff
capacity, risk factors, goals and objectives, third party agreements, regulatory issues, public
input, and project leads through the life of the project, along with the appropriate project lead
hand-off points. Critical to this approach is the fact that the project lead changes over the life of
the project, depending on what skills and expertise are most needed at each project phase. As a
result, the PDP ensures that the necessary resources to move projects forward are assessed and
set aside, that risks are anticipated early and addressed, and that schedules and budgets reflect
careful project planning.
The PDP requires that a project team be formed at the start of each new project, with designated
leads to carry specific phases of the project through to completion. Each project lead transfers
responsibility for project management at the completion of their phase of implementation (i.e.,
from a lead in project planning to a lead in engineering and construction). Each project team
member remains involved through to the end. This approach ensures that all key departments
remain actively involved in project execution while one department holds “ownership” during a
R-16-135 Page 3
specific period of time, thereby ensuring that institutional and technical subject matter
knowledge is retained and accessible throughout the life of each project. In this way, the entire
team has a stake in the success of the project.
The new PDP approach provides multiple benefits, as it:
1. Retains a high degree of organizational collaboration. The comprehensive review of
projects from start to finish requires that representatives from all departments that need to be
involved are at the table in the initial planning phase. Project leads and project team members are
clearly identified along with their respective roles and responsibilities early in the project’s life
cycle.
2. Promotes clear and continuous communications throughout the project’s life cycle. The
comprehensive approach allows for proper “hand-off” of a project from one lead to another lead,
with clear communication of roles and responsibilities to facilitate effective and efficient
decision-making. Communications horizontally as well as vertically within the organization are
needed to ensure successful delivery of each project.
3. Improves quality and quantity of information exchanged. The PDP improves the quality
and quantity of information exchanged throughout the organization on any given project. This
allows team members to anticipate and incorporate their project responsibilities in individual
work plans. More importantly, establishing a shared understanding of the project, team members,
timing, and roles and responsibilities reduces reprioritization of work, improves the focus on
project management, and ensures alignment amongst all project team members.
4. Mobilizes problem-solving and trouble-shooting resources. The comprehensive approach
to project delivery assembles a cadre of problem-solving and trouble-shooting resources led by a
technical expert that has the greatest experience and knowledge during each phase of work to
facilitate problem-solving. Delivering projects comes with anticipated and unanticipated issues.
This approach provides adaptive and responsive resources to problem solving related to scope,
budget, and scheduling, and quickly puts projects back on course. Designing project solutions
also has the benefit of potentially leveraging lessons learned from concurrent and past work.
5. Ensures priority setting is held by the Board, key project implementation decisions are
held at the Executive level, and day-to-day project management decisions are held with the
Project Team. The Board of Directors at their annual January Strategic Plan retreat set the
overarching District-wide goals and objectives for the upcoming fiscal year. A month later in
February, at the Priority Setting retreat, the Board of Directors confirm the specific project
priorities that will further the updated Strategic Plan goals for inclusion into the upcoming annual
Action Plan. The Executive Team (General Manager, Assistant General Managers, and Chief
Financial Officer) then work with the Department Manager to confirm the project scope,
schedule, budget, and staffing allocations. Once these are reviewed and approved, and the project
is initiated, the Project Team takes ownership of the day-to-day project management decisions,
thereby empowering the team to move the project forward. Throughout the life the of the project,
the Project Team keeps the various Department Managers and Executive Team informed of
project progress, status, and potential risks to allow for quick response of potential issues. This
model ensures that the priorities are set by the policy makers, the project framework is set by the
Executive Team, and day-to-day problem solving is handled by the Project Teams. Any issues
affecting the approved project framework go back to the Executive Team for clarity or additional
R-16-135 Page 4
direction. Likewise, any issues that affect the established priorities go back to the full Board for
potential reconsideration.
The purpose of the October 26, 2016 Study Session is to provide the full Board of Directors with
an overview of the District’s new PDP. As part of the overview, several current projects will be
discussed to illustrate how the PDP is working, and to reveal early lessons learned during this
first year of adoption.
FISCAL IMPACT
None.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Notices were posted as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Staff will continue to implement the Project Delivery Process and will periodically evaluate and
consider potential adjustments to further improve and streamline the process.
Attachments
1. Project Delivery Process Flow Chart
2. Team Ownership and Roles
Responsible Department Manager:
Steve Abbors, General Manager
Prepared by:
Ana M. Ruiz, AICP, Assistant General Manager
Attachment 1. Project Delivery Process Flow Chart
Real Property
Planning
Engineering
and
Construction
Natural
Resources
Operations
External
Agencies Property owners
Conception Planning Delivery Close /
Implement
Public Affairs
Pre-acquisition assessment
(including property and water
rights)
Acquisition
Preliminary Use and
Management Plan
(PUMP)
Regional Plans1 Feasibility
study
Conceptual
design Project
scoping
Preliminary
design
Final
design Building
Permits2
Permits
Biological
Cultural
Hydrological
Environmental
Inspections
BID
awards Construction Close
out
Construction
Opening/
ribbon
cutting
Monitor /
inspect
(on-going )
Local and
County
State and
Federal
Agencies
(Army
Corps of
Engineers)
County
or City
Community
engagement
Environmental
mitigation
Site plan
LAFCO
Regional
Partners
Building
Inspection
Provides support throughout
- General public information
- Website posting and updates
- Workshop support as needed
- Media relations / talking
points
1 Vision Plan / Regional plans are used to inform acquisition strategy and may include master plans and preserve plans
2 Initiation of Grading Permit may be sooner in the planning phase, depending on the project
*Blue boxes indicate primary role and white boxes indicate supporting role
** Reflects team roles only . Board decision points not shown.
Provide input on
regional plans
Provide input on
regional plans
Provide input
on final design
Provide input
on
environmental
mitigation
Provide input on
project scoping
Provide
input on
PUMP
Provide
input on
PUMP
Provide consultation through
life of project
Provide input on
operational impacts
throughout
CEQA
Ground
breaking
Community
Engagement
Provide input on
project scoping
Provide input on
project scoping
Consult
with
external
agencies
Provide
input for
CEQA
Pre-conception activities: Team formation, inter-departmental scoping, GIS input and analysis
Post-closeout activities: Team debrief discussion, complete lessons learned template, celebrate
success, information on completed facilities provided to GIS
NPDS
Provide input on
draft designs/
engineering
documents
Land-use
permits
Attachment 2
Team Ownership and Roles
Project Delivery Process
Real Property, Planning, Engineering and
Construction, Land and Facilities, Natural Resources,
Public Affairs
Departments Primary Roles Secondary Roles
Real Property 1.Land and Easement Purchase
2.Develop Preliminary Use and
Management Plans (PUMPs)
1.Provide input on regional plans
2.Consult as needed through life of
project
Planning 1.Regional Planning
2.Community Engagement
3.Site Plan Feasibility Study
4.Project Scoping
5.Preliminary Design
6.CEQA
7.Land Use Permits
1.Provide input on PUMPs
2.Provide input on final design
Engineering
and Construction
1.Final Design
2.CEQA Mitigation
implementation
3.Building Permits
4.BID Award
5.Construction
6.Building Inspection
7.Close Out
1.Provide input on regional plans
1.Provide input on PUMPs
2.Provide input on constructability
during project scoping and
preliminary design
Natural Resources 1.Environmental Permits
(including biological, cultural
and hydrological)
2.Environmental
Surveys/Inspections
3.Environmental Monitoring on an
on-going Basis
1.Provide input on regional plans
2.Provide input on PUMPs
3.Provide input on CEQA
4.Consult with departments on land
disturbance
Land and Facilities
Services
1.In-house Crew Construction
2.Programming related to District
facilities, including tenant
structures and facilities
1.Provide input on regional plans
2.Provide input on operational
impacts
3.Provide input on PUMPs
4.Opening/Ribbon cutting
Public Affairs 1.Public information support
(website, workshops, media
relations, talking points,
outreach)
2.Ribbon cutting events
October 12, 2016
Board Meeting 16-25
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
October 12, 2016
DRAFT MINUTES
SPECIAL MEETING – CLOSED SESSION
President Kishimoto called the special meeting to order at 6:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Counsel Hilary Stevenson, Real Property Manager Mike
Williams, Senior Real Property Agent Allen Ishibashi
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Fee Title Santa Clara County Assessor’s Parcel Number 575-11-021 & Access
Easement over Black Berry Hill Road, Portion of Santa Clara County Assessor’s Parcel
Number 532-25-051
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Bagher Navid, Property Owner
Under Negotiation: Exchange Agreement
Public comments opened at 6:30 p.m.
No speakers.
Public comments closed at 6:30 p.m.
The Board convened into closed session.
President Kishimoto adjourned the special meeting at 6:55 p.m.
Meeting 16-25 Page 2
REGULAR MEETING
President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:00 p.m.
Assistant General Counsel Hilary Stevenson reported that in closed session, and the Board
directed staff to bring the agenda item forward in open session.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, Chief Financial Officer/
Administrative Services Director Stefan Jaskulak, Assistant General
Counsel Hilary Stevenson, District Clerk/Assistant to the General
Manager Jennifer Woodworth, Real Property Manager Mike Williams,
Senior Real Property Agent Allen Ishibashi, Public Affairs Manager
Shelly Lewis
ORAL COMMUNICATIONS
No speakers.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda.
VOTE: 7-0-0
CONSENT CALENDAR
Public comment opened at 7:02 p.m.
No speakers.
Public comment closed at 7:02 p.m.
Motion: Director Harris moved, and Director Riffle seconded the motion to approve the Consent
Calendar.
VOTE: 7-0-0
1. Approve September 28, 2016 Minutes
2. Approve Claims Report
Meeting 16-25 Page 3
3. Award of Contract with Pro-West and Associates, Inc. for the Enterprise GIS
Planning and Implementation Project (R-16-124)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year professional services contract
with Pro-West and Associates, Inc. to plan and implement an enterprise geographic
information system for a not-to-exceed base contract amount of $152,000.
2. Authorize an 8% contingency of $13,000 to cover unforeseen requirements, for a not-to-
exceed total contract amount of $165,000.
3. Authorize an allowance of $68,000 to cover custom application development in FY2017-
18 IF the District is satisfied with consultant performance in the current fiscal year.
4. Contract Amendment for Highway 17 Wildlife Passage Structures and Bay Area
Ridge Trail Crossing to Prepare a Project Initiation Document (R-16-126)
General Manager’s Recommendation: Authorize the General Manager to amend a contract with
TrailPeople, located in Benicia, California, adding $138,200, plus a 30% contingency in the
amount of $41,460 to be reserved to meet additional analyses if requested by Caltrans, for a total
not-to-exceed amount of $299,660, to prepare the Caltrans Project Initiation Document required
to advance the Highway 17 Wildlife Passage Structures and Bay Area Ridge Trail Crossing
Project (Project) through the next phase.
5. Update of the District’s Classification and Compensation Plan in Response to
California Public Employees’ Retirement System Public Agency Review (R-16-125)
General Manager’s Recommendation: Adopt a resolution establishing the structure of the
Classification and Compensation Plan for Midpeninsula Regional Open Space District
Employees and supersede resolutions which are inconsistent.
BOARD BUSINESS
6. Proposed Agreement to Exchange Interests in Real Property between the Bagher
and Kefayat Navid Trust (Navid) and the Midpeninsula Regional Open Space District
(District) for property located along Hicks Road in unincorporated Santa Clara County
(APN: 575-11-021) in exchange for an access easement over Blackberry Hill Road located
in Sierra Azul Open Space Preserve (APN: 532-25-051). (R-16-127)
Senior Real Property Agent Allen Ishibashi presented the staff report describing the location of
the Navid property and the owner’s need for an access easement over Blackberry Road. Mr.
Navid has proposed a property located along Hicks Road in exchange for an access easement
over Blackberry Hill Road. Mr. Ishibashi described the proposed terms and conditions of the
exchange and the General Manager’s recommendation.
President Kishimoto inquired regarding potential District costs to maintain Blackberry Hill Road.
Mr. Ishibashi explained that the costs for increasing the size of current vehicle turnouts on
Blackberry Hill Road would not be paid by the District.
Public comment opened at 7:18 p.m.
Meeting 16-25 Page 4
No speakers.
Public comment closed at 7:18 p.m.
Motion: Director Harris moved, and Director Siemens seconded the motion to:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report.
2. Adopt a resolution authorizing the Agreement to Exchange Interests in Real Property
between the District and Navid at a cost of $39,000 with a corresponding authorization
for a budget adjustment/increase of the same amount.
3. Adopt the Preliminary Use and Management Plan for the exchange property.
4. Withhold dedication of the Navid exchange property as public open space at this time.
VOTE: 7-0-0
7. Resolution in Support of Measure K by the San Mateo County Board of Supervisors
(R-16-128)
Public Affairs Manager Shelly Lewis described San Mateo County Measure K and summarized
applicable Board policy related to Board support or endorsement of measures or propositions.
Ms. Lewis introduced San Mateo County Supervisor Don Horsley to describe Measure K and its
possible benefits to the District.
San Mateo County Supervisor Don Horsley explained Measure K is an extension of Measure A
approved by voters in 2012, which continues to fund enhancements to open space throughout
San Mateo County. Passage of Measure K would create a reliable funding source for future San
Mateo County affordable housing projects. Supervisor Horsley explained lower income residents
are being displaced, so the county is also looking at other methods to preserve affordable housing
in addition to the proposed funds from Measure K.
Director Hassett spoke in favor of Measure K and the need for affordable housing in San Mateo
County.
President Kishimoto asked if farm worker housing could be funded by Measure K.
Supervisor Horsley stated Measure A does help fund farm worker housing.
Public comment opened at 7:38 p.m.
No speakers.
Public comment closed at 7:38 p.m.
Motion: Director Hassett moved, and Director Harris seconded the motion to adopt a resolution
in support of a 20-year, ½-cent sales tax extension, put forth by the San Mateo County Board of
Supervisors on the ballot for the November 8, 2016 statewide general election.
VOTE: 7-0-0
Meeting 16-25 Page 5
8. Resolution in Support of Measure A by the Santa Clara County Board of
Supervisors (R-16-129)
Public Affairs Manager Shelly Lewis described Santa Clara County Measure A and summarized
applicable Board policy related to Board support or endorsement of measures or propositions.
Ms. Lewis introduced the Yes on A Volunteer Outreach and Communications Manager Alex Lin
to describe Measure A and its possible benefits to the District.
Mr. Lin described Santa Clara Measure A explaining that if approved the funds will be used to
build housing for homeless residents, low-income seniors and working families, and first time
homebuyer assistance programs. Mr. Lin spoke regarding the high cost of housing in Santa Clara
County and the difficulty for middle and low income families to find affordable housing.
Public comment opened at 7:52 p.m.
No speakers.
Public comment closed at 7:52 p.m.
Director Hanko spoke in favor of endorsing Measure A.
Director Siemens stated he was interested in additional information related to specific projects to
be funded by Measure A and asked if it would be spent on capital improvements.
Director Harris inquired how the items came to attention of the District.
General Manager Steve Abbors explained he directed staff to bring the items before the Board
because he felt it was important for the Board to be aware of the items and determine whether it
would like to support the measures.
Motion: Director Riffle moved, and Director Hanko seconded the motion to adopt a resolution
in support of the bond measure put forth by the Santa Clara County Board of Supervisors on the
ballot for the November 8, 2016 statewide general election.
VOTE: 7-0-0
9. Resolution in Support of National Monument Status Designation for Cotoni-Coast
Dairies. (R-16-130)
Public Affairs Manager Shelly Lewis provided the staff presentation describing the Califonira
Coastal National Monument Expansion Act, which seeks to add six land-based “gateways” to the
California Coastal National Monument. The Sempervirens Fund is helping lead the campaign to
include the Cotoni-Coast Dairies lands as part of an expansion of the existing California Coastal
National Monument. Ms. Lewis described the biodiversity and the local habitats and historical
and cultural resources of the Cotoni-Coast Dairies lands.
Jaqueline Wender Board President for the Sempervirens Fund spoke in favor of establishing a
Cotoni-Coast Dairies National Monument.
Meeting 16-25 Page 6
Public comment opened at 8:12 p.m.
No speakers.
Public comment closed at 8:12 p.m.
Motion: Director Hanko moved, and Director Riffle seconded the motion to adopt a resolution
in support of the establishment of a Cotoni-Coast Dairies National Monument as part of an
expansion of the existing California Coastal National Monument.
VOTE: 7-0-0
INFORMATIONAL REPORTS
A. Committee Reports
Director Harris reported the Planning and Natural Resources Committee met on October 6th
related to dog access at El Sereno Open Space Preserve.
President Kishimoto reported on meetings of the Diversity and Board Retreat ad hoc committees.
District Clerk/Assistant to the General Manager Jennifer Woodworth reported the Board
Appointee Evaluation Committee met on October 4th.
B. Staff Reports
Assistant General Manager Kevin Woodhouse reported he will be attending a meeting of the
Santa Cruz Mountain Stewardship Network tomorrow to discuss permit coordination and
streamlining, stewardship awareness tours, the role of science in the organization’s work,
responsible practices related to cannabis cultivation, etc.
Assistant General Manager Ana Ruiz reported on a meeting with members of San Mateo County
staff regarding ongoing projects. Ms. Ruiz also provided updates on several projects, including
the La Honda Driscoll Ranch demolitions and work at the Mount Umunhum summit, including
drainage work along Mount Umunhum Road and approval of the trail bridges by the California
Department of Fish and Wildlife.
Chief Financial Officer/Administrative Services Director Stefan Jaskulak provided an update on
the Measure AA Bond Oversight Committee reporting they toured several current and future
District projects. Staff was able to provide insight into various aspects and phases of the
District’s projects. Additionally, Mr. Jaskulak provided a preview of upcoming fiscal items that
will be before the Board at the next Board meeting.
General Manager Steve Abbors reported District staff attended a field trip with Peninsula Open
Space Trust staff to Cloverdale Ranch and suggested Board members consider a Board field trip
to the area.
Meeting 16-25 Page 7
C. Director Reports
The Board members submitted their compensatory reports.
Director Harris reported her attendance at a Committee for Green Foothills event and will be
attending the Good Morning Redwood City event held by the Redwood City Chamber of
Commerce.
Director Riffle reported his attendance at the Sierra Club’s awards dinner for Lennie Roberts.
Directors Siemens, Cyr, and Hassett reported their attendance at a Committee for Green Foothills
event.
President Kishimoto reported her attendance at a Committee for Green Foothills event and
reported she toured Teague Hill Open Space Preserve.
ADJOURNMENT
President Kishimoto adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 8:37 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 5
CLAIMS REPORT
MEETING 16-26
DATE 10-26-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
73520 11709 - D-LINE CONSTRUCTORS, INC.Mt Um Summit Public Access Improvements Construction through 9/30/16 10/19/2016 499,747.50
73481 *10161 - CalPERS FISCAL SERVICES DIVISION - DB Pension Unfunded Accrued Liability Jul, Aug, Sep 2016 10/12/2016 144,655.33
73517 11583 - CLARK EQUIPMENT COMPANY DBA BOBCAT COMPANY Bobcat Tractor with additional Implements 10/19/2016 124,011.58
73487 10094 - RESTORATION DESIGN GROUP, INC.Mount Umunhum Summit Area Design Consultant 10/12/2016 88,518.57
73508 11369 - BANK OF THE WEST COMMERCIAL CARD USA $41.19 Lunch Meeting -Abbors & Val Lopez 10/19/2016 52,482.89
$164.62 Books, Office Supplies, and Field Supplies
$245.98 Background Investigations Training & Vehicle Exp.
$983.04 Weed Symposium, Pesticide training, Field Supplies
$4,360.41 Planer ($3,673.29), Tools, Radios
$1,907.81 Generator Service ($1,119.94), SFO Field Supplies
$392.72 Website and Internet Expenditures
$1,241.77 Permit Fee, Flea Control, $1026.74 Smoke Alarms
$77.21 Uniform items
$1,061.68 Vol. Recog Event supplies; Snake food; Docent mtg
$5,224.41 WC Medical, Legal Ads, Office Supplies, meeting food
$978.21 Volunteer Supplies/Equipment/VRE
$1,503.59 Event Catering, office supply, newspapers, name badges
$508.26 3 Restroom door locks
$561.96 Book, Refund, County Fees, Weed Symposium, Legal Ad
$121.67 Screen Door Repair, hardware
$547.45 Software Purchases
$3,416.92 - 2 Months AO internet ($2,916.54), misc. IT hardware
$15.43 Book on Transfer of Developmentt rights
$1,307.24 County Permit ($1,232.24), Dropbox subscription
$-719.80 NWS unused Conf. ($-1,495.00), GFOA Training, Conf. Air Fare
$4,497.31 Gates ($1,788), Toolbox for truck ($2,649), Field supp.
$801.58 Patrol Bikes parts/maintenance, supplies
$1,509.60 Commuter Check employee benefit provider
$1,595.00 Digital Marketing Training
$4,476.56 - 250 MROSD Mugs ($3,132), VRE supplies, VRE photographer
$695.00 Adobe Illustrator Training
$27.56 Office supply & parking for event
$449.79 FFO office repair
$209.1 Trail Protector Membership, Interview Panel Lunch
$1,091.88 Office Supplies, Kitchen Supplies, Meeting Beverages
$995.37 VRE supplies, General Supplies, Trail Patrol Vests
$1555.25 CA Invasive Plant Council Conf.($950), Repairs, Supplies
$130.12 Recruiting interview panel expenses
$203.40 Interview panel/Investigations Training meals
$12.46 SFO water tank service parts
$1,960.99 Uniform items/WC prescription ($1,788)
$98.68 Uniform items
page 2 of 5
CLAIMS REPORT
MEETING 16-26
DATE 10-26-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
$1,500.38 Ergonomic, training, safety supplies
$213.30 Field Supplies, Native Plants for Mt. Umunhum
$702.62 Muni Clerks membership, training reimbursement
$2,810.18 Monitors, video conf system(1,058), hardware
$251.06 Books, Board Meeting Food
$1,332.72 SRE & Recruiting expenditures
$571.13 Public Agency Risk Mgmt Conference 2017
$397.98 VRE, Docent, Training, Meeting Supplies
$47.08 Local Business Meeting Lunch
$92.87 ICMA Conference travel expenditures
$195.00 Int'l Institute of Municipal Clerks Membership
$117.13 Office supplies
73516 *10161 - CalPERS FISCAL SERVICES DIVISION - DB Pension Unfunded Accrued Liability Oct 2016 10/19/2016 45,626.91
73489 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender False Brome Control Contract Services July, August 2016 10/12/2016 29,288.26
73507 11148 - BALANCE HYDROLOGICS, INC.Bear Creek Pond Management Plan 10/19/2016 28,850.34
73528 11712 - HeartSmart.com Purchase of 19 Portable AEDs 10/19/2016 20,669.00
73562 10112 - TIMOTHY C. BEST Hendry's Creek Restoration - Design/Implementation 10/19/2016 9,927.50
73480 10082 - PATSONS MEDIA GROUP Printing and Mailing of 14,156 Mt. Um Postcards 10/12/2016 7,505.93
73565 10216 - VALLEY OIL COMPANY Fuel for District vehicles 10/19/2016 7,390.54
73561 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Employee AD&D, LTD, Life Insurance 10/19/2016 6,579.18
73523 10546 - ECOLOGICAL CONCERNS INC Invasive species management - District wide 10/19/2016 6,336.00
73557 11477 - SCA ENVIRONMENTAL INC.Hazmat Surveys of 20 Structures in LHC OSP 10/19/2016 6,049.00
73539 10073 - NORMAL DATA Contract Work: Contact, Incidents, Permits, Training Databases 10/19/2016 5,580.00
73563 10146 - TIRES ON THE GO Tire Replacement - 6 Vehicles 10/19/2016 5,344.21
73466 10524 - ERGO WORKS 6 Ergonomic Chairs 10/12/2016 4,187.56
73495 11651 - STRATEGIC PRODUCTS & SERVICES, LLC TIme and Materials Sharepoint Build 10/12/2016 4,125.00
73500 *11118 - WEX BANK Fuel for District vehicles 10/12/2016 4,015.55
73538 11536 - MTECH HVAC Repair, HVAC Quarterly Maintenance - AO 10/19/2016 3,923.75
73471 10222 - HERC RENTALS INC Bull Dozer rental 7/31/16 - 8/30/16 10/12/2016 3,539.81
73545 *10212 - PINNACLE TOWERS INC Tower rental - Skeggs Point October, November 2016 10/19/2016 3,360.42
73559 10447 - SIMMS PLUMBING & WATER EQUIPMENT Hot Water Heater - WH, Water Tank Gauge Installation - LHC, Spring Box Maint. - TC 10/19/2016 3,054.69
73547 *11184 - PURCHASE POWER - PITNEY BOWES POSTAGE AO POSTAGE 10/19/2016 3,025.00
73506 11538 - APPLIED MATERIALS AND ENGINEERING Mt Um Trail Bridges Concrete Placements 10/19/2016 2,950.00
73490 10697 - SANDIS Mt Um Topo Survey and Staircase Layout 10/12/2016 2,800.00
73492 11403 - SANTA ROSA JUNIOR COLLEGE/ACCOUNTING Santa Rosa Ranger Academy Registration 10/12/2016 2,573.00
73519 11520 - COMMUNITY INITIATIVES Latino Outdoors Project Partnership 10/19/2016 2,500.00
73530 10123 - HOME DEPOT CREDIT SERVICES Building Materials, Hardware 10/19/2016 2,246.49
73479 10190 - METROMOBILE COMMUNICATIONS 3 Portable Radios 10/12/2016 2,238.25
73526 11612 - GOODWIN CONSULTING GROUP, INC.GO bond tax rate/disclosure services 10/19/2016 2,083.75
73535 10189 - LIFE ASSIST 30 CPR masks 10/19/2016 2,033.69
73514 10840 - CALIFORNIA PENSION GROUP, LLC Consulting - August, September 2016 10/19/2016 2,000.00
73498 *10786 - U.S. BANK EQUIPMENT FINANCE Copier lease payment for all offices 10/12/2016 1,877.04
73454 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease Oct 2016 10/12/2016 1,804.00
page 3 of 5
CLAIMS REPORT
MEETING 16-26
DATE 10-26-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
73529 10222 - HERC RENTALS INC PCR Equipment rental ride on roller 10/19/2016 1,793.05
73493 10585 - SOL'S MOBILE AUTO & TRUCK REPAIR, INC.Vehicle 5000 Mile Service: 7 Vehicles 10/12/2016 1,756.32
73510 11539 - BELZ CONSTRUCTION Electrical Work - WH 10/19/2016 1,600.00
73537 11572 - MESITI-MILLER ENGINEERING INC.Structural Evaluation - Bear Creek Stables 10/19/2016 1,500.00
73461 11318 - CONFLUENCE RESTORATION Mindego Gateway Planting & Landscape Maintenance 2016-17 10/12/2016 1,434.50
73496 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)10/12/2016 1,358.35
73524 10524 - ERGO WORKS Ergonomic desk and installation 10/19/2016 1,233.31
73463 11699 - DAKOTA PRESS Printing of Windy Hill maps 10/12/2016 1,203.36
73501 **10203 - WOODSIDE & PORTOLA PRIVATE PATROL Patrol services for Hawthorn property - WH 10/12/2016 1,200.00
73465 10038 - ERGO VERA Ergonomic Evaluations 10/12/2016 1,191.30
73560 10107 - SUNNYVALE FORD P82 Battery and misfire repair 10/19/2016 1,177.68
73518 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 10/19/2016 1,172.00
73542 10082 - PATSONS MEDIA GROUP MROSD Regulations (150 copies), 3,000 Dog Owners brochures 10/19/2016 1,161.45
73464 11725 - ENTERPRISE RENT-A-CAR COMPANY Vehicle Rental 8/25/16 - 9/24/16 10/12/2016 1,131.30
73478 11463 - MARLENE EYRE Accommodations at Ranger Academy 10/12/2016 1,075.00
73521 11699 - DAKOTA PRESS Printing of 2,000 Thornewood maps 10/19/2016 1,057.30
73502 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Services - PCR 10/19/2016 995.00
73566 11388 - WAGNER & BONSIGNORE Water Rights Reporting for San Gregorio & BCR 10/19/2016 906.75
73460 11171 - COMMUNICATION ADVANTAGE Public Affairs Strategic plan assistance 10/12/2016 787.50
73494 10302 - STEVENS CREEK QUARRY INC Rock to surface trail to Turtle Rock -- LR 10/12/2016 782.31
73499 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP) 9/17/16 - 10/14/16, (SA) 9/17/16 - 10/14/16 10/12/2016 781.64
73457 11264 - BENDLIN FIRE EQUIPMENT CO., INC.36 Safety Vests 10/12/2016 756.00
73513 10289 - CAL-LINE EQUIPMENT INC SFO Chipper Service M18 10/19/2016 740.94
73527 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSA), SAO 10/19/2016 738.47
73567 11586 - WH DEMPSEY ENGINEERING Septic Tank Excavation - LHC 10/19/2016 700.00
73453 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt Um Summit Construction 10/12/2016 660.00
73458 10011 - BILL'S TOWING SERVICE Vehicle Towing - 3 incidents 10/12/2016 630.00
73551 10589 - RECOLOGY SOUTH BAY Recycling 10/19/2016 565.92
73504 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt Um Summit Construction 10/19/2016 554.63
73543 11129 - PETERSON TRUCKS INC.M15 Trailer Repair 10/19/2016 551.19
73462 10185 - COSTCO Keyboards, Mice, Office Supplies 10/12/2016 534.58
73568 11656 - WILLIAMS SCOTSMAN, INC.Construction Trailer Rental - Mt Um Summit 10/19/2016 497.64
73533 11041 - INTERSTATE ALL BATTERY CENTER - SILICON VALLEY 10 Radio Rechargeable Batteries 10/19/2016 489.27
73554 11479 - ROOTID District Website Maintenance 10/19/2016 472.50
73473 10394 - INTERSTATE TRAFFIC CONTROL PRO Vehicle Safety (SA)10/12/2016 443.70
73485 10176 - RE BORRMANN'S STEEL CO Sign and Gate Parts 10/12/2016 425.23
73484 11727 - RAVENSWOOD CITY SCHOOL DISTRICT Facility Rental for 11/16/16 Board Meeting 10/12/2016 420.00
73515 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)10/19/2016 419.02
73550 10176 - RE BORRMANN'S STEEL CO Metal Vehicle Equipment 10/19/2016 403.77
73470 11608 - GOVERNMENT JOBS Job advertisement - CPM III, Planner II 10/12/2016 350.00
73531 10043 - HOWARD ROME MARTIN & RIDLEY LLP Legal services for Mahronich vs Presentation Center - BCR 10/19/2016 342.20
73482 *10180 - PG & E Monthly Electricity Service - LHC 10/12/2016 327.74
73553 *10093 - RENE HARDOY 09/16 Gardening Services 10/19/2016 325.00
page 4 of 5
CLAIMS REPORT
MEETING 16-26
DATE 10-26-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
73555 10151 - SAFETY KLEEN SYSTEMS INC SFO parts clearner quarterly service 10/19/2016 311.24
73455 11048 - ARC Sears Ranch Road Project Large Format Printing 10/12/2016 304.95
73475 10189 - LIFE ASSIST First Aid Supplies 10/12/2016 291.44
73459 11563 - CHAN, WARREN New World ERP Conference Travel Expenditures 10/12/2016 285.73
73512 10328 - BRUSH ROAD CORPORATION Annual Dues Road Maintenance (BCR)10/19/2016 280.00
73558 11559 - SIFUENTES-WINTER, JONATHAN Reimbursement for Safety Boots and Rat Traps 10/19/2016 262.51
73488 10151 - SAFETY KLEEN SYSTEMS INC Parts Washer Service (FFO)10/12/2016 216.40
73468 10174 - FORESTRY SUPPLIERS INC Uniform Supplies 10/12/2016 211.53
73511 11338 - BIEBER, CYDNEY Mileage and Parking Reimbursement 10/19/2016 208.50
73509 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Legal Ad - BCR Ponds 10/19/2016 208.38
73452 11575 - ADLAO, DAMON Private Vehicle Expenses for District Business 10/12/2016 188.87
73474 11326 - LEXISNEXIS Online Legal Subscription September 2016 10/12/2016 188.84
73477 10260 - LUND PEARSON MCLAUGHLIN Fire Sprinkler Inspection - AO 10/12/2016 180.00
73469 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)10/12/2016 173.63
73525 11151 - FASTENAL COMPANY Hardware (SA-MT UM), Tools for FFO 10/19/2016 166.24
73546 *10261 - PROTECTION ONE AO2, AO3, AO4 MONTHLY ALARM SERVICES 10/19/2016 164.85
73467 11151 - FASTENAL COMPANY SFO Nuts & Bolts 10/12/2016 135.46
73486 *11526 - REPUBLIC SERVICES Monthly garbage services - ECM 10/12/2016 118.73
73548 10299 - RANCHO COBBLER & CLEANER Uniform Supplies 10/19/2016 112.00
73540 10670 - O'REILLY AUTO PARTS Vehicle Supplies 10/19/2016 111.05
73505 *10294 - AMERIGAS-SAN JOSE Propane Tank Service - ECM 10/19/2016 86.11
73556 *10136 - SAN JOSE WATER COMPANY Water service for rental - ES 10/19/2016 83.19
73476 10911 - LLOYD, JOHN Cell Phone Reimbursement May-Aug 2016 10/12/2016 80.00
73497 10162 - TERMINIX PROCESSING CENTER AO PEST CONTROL 10/12/2016 80.00
73483 *10261 - PROTECTION ONE AO ALARM SERVICES 10/12/2016 79.55
73569 00000 - Ryder, Ashley Reimbursement for Live Scan Background Check 10/19/2016 71.00
73491 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services August 2016 10/12/2016 69.00
73552 11625 - Reiter, Heather Mileage Reimbursement 10/19/2016 67.50
73534 11729 - KHARE, RUTUJA New World Conference Expense 10/19/2016 64.00
73472 10455 - HUGG, IANTHINA Cell Phone Reimbursement Jul-Sep 2016 10/12/2016 60.00
73541 10080 - PALO ALTO MEDICAL FOUNDATION Medical Services - HR Dept.10/19/2016 54.00
73536 10440 - LOS ALTOS HARDWARE Hardware Supplies (FFO)10/19/2016 51.69
73532 10421 - ID PLUS INC Uniform Name Tags 10/19/2016 50.00
73456 10183 - BARRON PARK SUPPLY CO INC SFO wood shop wiring hardware 10/12/2016 41.33
73522 11210 - DATA SAFE AO Shredding Services 10/19/2016 40.00
73503 10240 - ACE FIRE EQUIPMENT & SERVICE INC First Aid Equip Service 10/19/2016 35.00
73549 *10134 - RAYNE OF SAN JOSE Water Service (FOOSP)10/19/2016 27.25
73564 10165 - UPS Shipping charges 10/19/2016 16.60
73544 *10180 - PG & E Monthly Electricity Service - WH 10/19/2016 10.50
GRAND TOTAL 1,184,733.73$
page 5 of 5
CLAIMS REPORT
MEETING 16-26
DATE 10-26-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
*Annual Claims
**Hawthorn Expenses
BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill
ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space
ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office
FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office
FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle
R-16-136
Meeting 16-26
October 26, 2016
AGENDA ITEM 3
AGENDA ITEM
Award of Contract to Randazzo Enterprises, Inc. to Complete the Driscoll Ranch Remediation
and Demolition Project (Project) at La Honda Creek Open Space Preserve (Preserve) for a Base
Amount Not-to-Exceed $231,742 and a Separate 10% Contingency.
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a contract with Randazzo Enterprises, Inc.
of Castroville, CA, for a not-to-exceed base amount of $231,742 to complete the Project.
2. Authorize a 10% construction contract contingency in the amount of $23,174 to be
reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed
$254,916.
SUMMARY
A Request for Bids for the Project was issued on September 26, 2016. One bid proposal was
received and opened on October 17, 2016 at 11:00AM. The Project scope of work was approved
by the Board of Directors in two phases, first as part of the La Honda Creek Master Plan in 2012,
and most recently at the September 14, 2016 regular Board meeting (R-16-112). The General
Manager recommends awarding a contract to the lowest responsive and responsible bidder,
Randazzo Enterprises, Inc., for a total not-to-exceed amount of $254,916. This amount includes
a contingency of 10% to cover unforeseen conditions, including hazardous materials, which
could be encountered during completion of the contract work. Funds for this work are provided
through Measure AA, and included in the Fiscal Year (FY) 2016-17 Budget.
MEASURE AA
A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting
and includes Portfolio #7, La Honda Creek: Driscoll Ranch Public Access, Endangered Wildlife
Protection and Conservation Grazing”, with a total allocation of $14.825 Million. This project
(#7-7, La Honda Creek Demolitions and Restorations) supports the removal of hazardous
structures and debris to prepare the Preserve for public access. As such, these costs are eligible
for Measure AA reimbursement.
DISCUSSION
Background
At the August 22, 2012 Board meeting (R-12-83), the Board approved the La Honda Creek
Master Plan and adopted the Mitigated Negative Declaration and Mitigated Monitoring Program.
The Master Plan analyzed all of the structures in the Preserve and recommended the demolition
R-16-136 Page 2
of select structures in major disrepair. Subsequently in 2015, an updated structures evaluation
identified additional structures for demolition that are also in poor condition and not desired by
either the District or the grazing tenant. These additional structures were approved by the Board
of Directors for removal on September 14, 2016. None of the structures were deemed historic by
a qualified consultant and the demolitions were approved by the San Mateo Historic Resource
Advisory Board.
Demolition Waste Stream Diversion
At the January 14, 2015 regular meeting (R-15-01), the Board approved the Construction and
Demolition Waste Diversion Policy (Policy number 4.08), which sets as a goal the 100%
diversion of recyclable and salvageable construction and demolition material. Much of the
construction material for two of the structures is old growth redwood. While there is significant
dry rot and termite damage in some of the wood, the contract documents require the contractor to
segregate old growth redwood on site for potential reuse by the District. If reuse of all or some
of the materials by the District is not possible, the remainder will be auctioned off to salvage
companies.
Contactor Selection
A Request for Bids was issued on September 26, 2016, and was sent to all interested parties and
six builders’ exchanges. Legal notices were posted in the San Jose Mercury News. An
Invitation to Bid was also posted on the District website.
A mandatory pre-bid meeting and site walk was held onsite on October 4, 2016 and was attended
by eight demolition and remediation contractors. Sealed bids were due on October 17, 2016, and
one bid was received and opened with the results as follows:
Table 1: Remediation and Demolition (Base Bid)
Bidder Location Total Base Bid
Difference
from Cost
Estimate of
$280,000
Randazzo Enterprises, Incorporated Castroville, CA $231,742 -17%
Bid Analysis
After reviewing the contractors' relevant experience and qualifications, staff recommends
awarding the contract to Randazzo Enterprises, which is the lowest responsible and responsive
bidder.
An additional late bid was received ~2 hours after bid deadline. This invalid bid listed a price of
$229,620.32. Another contractor who did not submit a bid provided an informal price of
$235,365. The small variation in the price of all three cost submittals (3%) suggests the District
will receive good value for the project. The lowest responsive and responsible bidder’s base bid
is below staff’s estimate.
Contingency
A 10% contingency amount is recommended for this demolition project due to the high potential
for unforeseen conditions that could be encountered, including but not limited to discoveries
during subsurface excavation. Although representative hazardous material sampling was
R-16-136 Page 3
completed, the potential exists for additional hazardous materials beyond those already known to
be encountered during demolition and ground disturbance activities, which would require
appropriate abatement.
FISCAL IMPACT
The proposed award of contract is for a not-to-exceed amount of $254,916. The District’s
FY2016-17 Budget includes $348,150 to complete the remediation and demolition of the
Driscoll Ranch Remediation and Demolitions Project. There is $327,750 allocated for
demolition costs, with the remaining funds allocated for biological surveys, historic structures
evaluation, and permits.
MAA 07-007 Budget $348,150
Spent to Date (as of 10/10/16): $4,875
Encumbrances: $14,370
Randazzo Contract: $254,916
Budget Remaining (Proposed): $274,16173,989
The following table is provided to outline the Measure AA Portfolio allocation plan, costs to
date, current fiscal year approved project budgets in Portfolio 07, and the fiscal implications
related to the Driscoll Ranch Remediation and Demolitions Project:
MAA 007 Portfolio Allocation $14,825,000
Spent to Date (as of 10/10/16): $9,911,950
Encumbrances: $458,289
Fisheries Restoration Apple Orchard (07-003) Remaining Budget: $16,100
La Honda Creek Grazing Infrastructure (07-005) Remaining Budget: $69,878
Driscoll Ranch Remediation and Demolitions (07-007) Remaining
Budget:
$274,16173,989
Sears Ranch Parking and Trail Connections (07-009) Remaining Budget $165,636
Sears Ranch Road Drainage Upgrade (07-010) Remaining Budget: $40,139
Balance Remaining (Proposed): $3,888,8474,089,019
BOARD COMMITTEE REVIEW
On September 14, 2016, the full Board of Directors reviewed and approved the proposed scope
of work for the Project (R-16-112). Due to the full Board’s review, a separate Board Committee
review was not necessary.
PUBLIC NOTICE
Public notice of this agenda item was provided per the Brown Act. Adjoining property owners
have also been mailed a copy of the agenda for this public meeting. No additional notice is
required.
CEQA COMPLIANCE
Awarding the bid and issuing a contract for the Project is consistent with the Mitigated Negative
Declaration and Mitigation Monitoring Program for the La Honda OSP Master Plan.
R-16-136 Page 4
NEXT STEPS
If approved by the Board of Directors, the General Manager will enter into a contract with
Randazzo Enterprises, Inc., to complete the Project and perform site restoration work. Execution
of the contract is subject to the contractor meeting all District requirements, including required
insurance and bonding. The permit process will begin immediately after the execution of the
contract. Demolition is anticipated to begin in early November and be substantially complete by
December.
Attachments:
1. Maps and Pictures
Responsible Department Head:
Jay Lin, Engineering and Construction Manager
Prepared by:
Aaron Hébert, Water Resources Specialist
Matt Brunnings, Capital Project Manager
Graphics prepared by:
Nathan Greig, GIS Technician
Attachment 1
List of structures in the former Driscoll Ranch area to be demolished.
Refer to Attachment 2 for pictures of each structure and Attachment 3 for Preserve and structure location
map.
Ranch
Complex
ID* Type of Structure
Ray’s Ranch –
AKA Sears
Ranch / Lake
Ranch
(note: RR-3
and 4 are
corrals)
RR-2 Partially Collapsed
RR-6 Lake Ranch House
RR-7 Shed
RR-8 Bunkhouse
RR-9 Partially Collapsed
GZR-1 Small Barn
GZR-5 Shed or Workshop
Guerra
Zanoni
Ranch
(note: GZ-2
and 3 are
corrals)
GZR-6 Cabin/Shed
GZR-8 Foundation
GZR-9 Dog Kennels
WR-1 Lower Collapsed Barn
WR-2 Wool Ranch House
WR-3 In-Law Cottage
Wool Ranch WR-4 Upper Barn
UFR-2 Bunk House
UFR-3 Large Collapsed Barn
LFR-2 Small Barn
Lower Folger
Ranch
LFR-4 Collapsed Barn
Attachment 2
Driscoll Ranch Demolition
Ray’s Ranch
AKA Sear’s Ranch,
Lake Ranch
Figure 2. RR-2, Partially collapsed storage shed, north and east elevations
Attachment 2
Figure 4. RR-6, ranch house, west elevation
Figure 5. RR-7, shed, north and west elevations
Attachment 2
Figure 6. RR-8, Bunkhouse, east and north elevations
Figure 7: RR-9, partially collapsed barn, west elevation
Attachment 2
Guerra Zanoni Ranch
AKA Upper Ranch
Figure 8. GZR-1, small barn, east elevation
Attachment 2
Figure 10. GZR-5, shed, east and north elevations
Figure 11. GZR-6, small shed, south and east elevations
Attachment 2
Figure 13. GZR 8 and GZR 9 (left and right respectively) Dog Kennel and Foundation
Attachment 2
Wool Ranch
Figure 14 WR-1, lower collapsed barn, view to southeast
Attachment 2
Figure 15. WR-2, ranch house and pool, rear elevation
Figure 16. WR-3, cottage, northwest and southwest elevations
Attachment 2
Figure 17. WR-4, large barn, northeast elevation
Attachment 2
Folger Ranch
Figure 19. UFR-2, bunkhouse, north and east elevations
Figure 20. UFR-3, collapsed barn, north elevation
Attachment 2
Figure 22. LFR-2, barn, west and south elevations
Figure 24. LFR-4, collapsed hay barn
ns\FY1516\LHC DriscollDemoFY1 51 6 Overview.mxd
G:\Prof ects\La_Honda_C reek\Driscoll\De
a
V
Half Moon Bay
Folger
Ranch
Attachment 3: Ranch Complexes, La Honda Creek Openspace Preserve
RUSSIAN RID
OPEN SPAC
- PRESERVE
MROSD Preserves
Other Protected Lands
Private Property
S'<
Watershed Land
Land Trust
Other Public Agency
Phase I Trail
Mo Structure
See Attachment 1 for a list of structures by ID,
type, and recommended action.
Miles.
0
Midpeninsula Regional
Open Space District
(MROSD)
June 2016
0.5 1
MIDPENINSULA
REGIONAL
OPEN
SPACE
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd
G:\Projects\La_Honda_C reek\Driscoll\De
Ray's Ranch, La Honda Creek Open Space Preserve
LA HONDA CREEK
OPEN SPACE PRESERVE
Wool
Ranch
Guerra-Zanoni
Ranch
Structure
Corral
Minor Unpaved Road*
*Not all features are displayed
Phase I Trail
Demolition
See Attachment 1 for a list of structures by ID,
type, and recommended action.
Midpeninsula Regional
Open Space District
(MROSD)
0 June 2016
Feet
0 250 500
MIDPENINSULA
REGIONAL
OPEN
SPACE
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd
G:\Prof ects\La_Honda_C reek\Driscoll\De
-o -o
a
V
LA HONDA CREEK
OPEN SPACE PRESERVE ,
Wool
Ranch Guerra-Zanoni
Ranch
•
•
•
♦
•
♦♦♦
♦♦
OO
GZR=1
GZR-5 GZR-4
GZR-6 N
GZR-7
GZR-8
GZR-9
GZR-3
Guerra-Zanoni Ranch, La Honda Creek Open Space Preserve
Structure
Corral
Minor Unpaved Road*
*Not all features are displayed
Phase I Trail
Demolition
See Attachment 1 for a list of structures by ID,
type, and recommended action.
Midpeninsula Regional
Open Space District
(MROSD)
0 June 2016
Feet
0 250 500
MIDPENINSULA
REGIONAL
OPEN
SPACE
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd
G:\Projects\La_Honda_C reek\Driscoll\De
LA HONDA CREEK
OPEN SPACE PRESERVE ,
Wool
Ranch
Guerra-Zanoni
Ranch
Folger
Ranch
+r.
Ili
Ray's
Ranch
84
i
WR-2
WR-3
ill ON* i
f'
•
•
•
I
♦
•
•
.WR-1
Wool Ranch, La Honda Creek Open Space Preserve
Structure
Corral
Minor Unpaved Road*
*Not all features are displayed
Phase I Trail
Demolition
See Attachment 1 for a list of structures by ID,
type, and recommended action.
Feetu
0
Midpeninsula Regional
Open Space District
(MROSD)
0 June 2016
250 500
nr3
MIDPENINSULA
REGIONAL
OPEN
SPACE
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd
Gi\ Projects \La_Honda_C reek\Driscoll\De
LA HONDA CREEK
OPEN SPACE PRESERVE ,
Wool
Ranch
Guerra-Zanoni
Ranch
i
i
Folger 1
hianchAni
•
41g-
Ray's
Ranch
i
UFR-5
OoUFR-1
UFR-2
UFR-3
LFR-4
LH12
OLH10
CA State Route 84
Folger Ranch, La Honda Creek Open Space Preserve
Structure
Corral
Minor Unpaved Road*
*Not all features are displayed
Phase I Trail
Demolition
See Attachment 1 for a list of structures by ID,
type, and recommended action.
Midpeninsula Regional
Open Space District
(MROSD)
0 June 2016
Feet I
0 250 500
MIDPENINSULA
REGIONAL
OPEN
SPACE
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
R-16-121
Meeting 16-27
October 26, 2016
AGENDA ITEM 4
AGENDA ITEM
Contract Authorization for Integrated Pest Management Implementation along the Roads and
Trails at Bear Creek Redwoods OSP
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a contract with Ecological Concerns, Inc. of
Santa Cruz, California in the amount not to exceed $37,000 to provide services to
implement the Integrated Pest Management (IPM) Plan for vegetation restoration along
the Roads and Trails at Bear Creek Redwoods Open Space Preserve in Fiscal Year 2016-
17.
2. Authorize the General Manager to extend the above contract in the amount not to exceed
$37,000 per year in Fiscal Years 2017-18 through 2019-20 to provide services to
implement the Integrated Pest Management Plan for vegetation restoration along the
Roads and Trails at Bear Creek Redwoods Open Space Preserve if the Board approves
this funding in the future budgets.
3. Adopt a Resolution approving a budget adjustment/increase in the amount $37,000 to the
Fiscal Year (FY) 2016-17 District budget to fund the project.
SUMMARY
A Request for Bids was sent to eleven (11) selected contracting firms, local builders’ exchanges,
and posted on the District website; one (1) proposal was received. After thorough review of the
proposals, Ecological Concerns, Inc. of Santa Cruz, CA was determined to be the lowest
responsible and responsive bidder. The cost for these services will not exceed $148,000 over the
four-year period. The Board-approved FY2016-17 budget for IPM Plan vegetation restoration
work in Bear Creek Redwoods is sufficient to cover the first year of this contract. Funding for
years two through four of this contract will be requested annually during annual budget
preparation and, if approved by the Board, the contract will be extended year by year to complete
the work.
MEASURE AA
A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting
and includes Portfolio #21, Bear Creek Redwoods: Public Recreation Project, with a total
allocation of $17.478 Million. This project (#21-7, BCR Invasive Weed Treatment) supports the
restoration of vegetation along roads and trails to prepare the Preserve for public access. As
such, these costs are eligible for Measure AA reimbursement.
R-16-121 Page 2
DISCUSSION
As part of the work efforts to prepare Bear Creek Redwoods Open Space Preserve for greater
public visitation and to improve safety for our tenant, visitors, and neighboring landowners, the
District is implementing several Integrated Pest Management (IPM) projects. The first phase of
project work is to restore vegetation communities along roads and trails and surrounding
structures to provide wildland fire protection. A Request for Bids (RFB) was released in May of
2016, which generated significant interest from contractors (5 attended the initial mandatory pre-
bid meeting), however no contractors submitted bids for the original scope of work. As a result,
staff separated the roads and trails vegetation restoration and the fire protection projects. An
RFB was released for the fire protection projects on July 12, 2016, and was awarded to
Ecological Concerns, Inc. on September 14, 2016 (R-16-108). Subsequently, an RFB was
released on September 19, 2016, for this roads and trails vegetation restoration project. .
The scope of work for this contract is to clear roads and trails of vegetation using manual,
mechanical and chemical treatment options. In addition, 3 stands of blackwood acacia will be
removed.
Contractor Selection
The RFB was issued on September 19, 2016 and posted on the District website and sent to local
builder’s exchanges. Eleven (11) firms, known to have experience working in park
environments using mechanical means, were directly notified by staff of the RFB. Eight (8)
firms attended a mandatory pre-bid tour on September 28, 2016 at Bear Creek Redwoods. An
addendum was issued on October 3, 2016 clarifying questions on the RFB during and after the
pre-bid tour.
Bids were due on October 6, 2016. The results are as follows:
Bidder Location Total Bid Percent of Cost Estimate
$120,000
1 Ecological Concerns,
Inc.
Santa Cruz, CA $148,000 123%
Ecological Concerns, Inc. is the lowest responsible and responsive bidder. Although the District
only received one (1) bidder, $148,000 is a responsible cost considering the uncertainty expected
with the project. Ecological Concerns, Inc. is currently under contract for invasive species
management District-wide and has performed all work to District standards. The duration of the
contract will be a four-year term, for a total not-to-exceed amount of $148,000, with each year’s
work subject to Board approval of the budget for that year.
FISCAL IMPACT
The Natural Resources Department FY2016-17 Budget included $91,880 for IPM
Implementation at Bear Creek Redwoods OSP. Award of this contract will require additional
funds of $37,000. The recommended contract amount is greater than the $91,880 amount
budgeted for the IPM Implementation at Bear Creek Redwoods OSP. To fully fund the project, a
budget adjustment/increase of $37,000 is required.
R-16-121 Page 3
The following table is provided to outline the Measure AA 21 Portfolio appropriation, budgets,
costs to date, and the fiscal implications related to the Integrated Pest Management (IPM)
Implementation on Roads and Trails at Bear Creek Redwoods OSP project:
MAA 21 Portfolio Appropriation $17,478,000
Life-to-Date Spent: $428,070
Vegetation Management for Fire Protection Contract Balance (AA21-007): $47,000
Invasive Species Management Contract Balance (AA21-007): $17,880
Integrated Pest Management (IPM) Implementation on Roads and Trails at Bear
Creek Redwoods OSP (AA21-007) :
$148,000
Balance Remaining (Proposed): $16,837,050
BOARD COMMITTEE REVIEW
No Committee review has occurred for the above project.
PUBLIC NOTICE
Public notice of this Agenda Item was provided per the Brown Act. No additional notice is
required.
CEQA COMPLIANCE
Integrated Pest Management (IPM) activities covered by this contract have been previously
reviewed in the following environmental document under the California Environmental Quality
Act, and the associated mitigation measures have been incorporated into the project:
• Final Environmental Impact Report for the Midpeninsula Regional Open Space District
Integrated Pest Management Program approved by the Board on December 10, 2014.
NEXT STEPS
Upon approval by the Board of Directors, the General Manager will be authorized to enter into a
one-year contract, extendable up to three additional years, with Ecological Concerns, Inc. of
Santa Cruz, CA, with the second through fourth year’s work subject to Board approval of the
budget for that year.
Attachments:
1. Figure-1: Bear Creek Redwoods Primary and ATV Patrol Access Roads and Trails
2. Resolution Amending the Budget for Fiscal Year 2016-17
FY 2017 FY 2018
MAA 21-007 Natural Resources Budget $91,880
Invasive Species Management $44,880 $70,644
Vegetation Management for Fire Protection $47,000 $28,000
Integrated Pest Management (IPM) Implementation on
Roads and Trails at Bear Creek Redwoods OSP :
$37,000 $37,000
Budget Remaining (Proposed): ($37,000)
R-16-121 Page 4
Responsible Department Head:
Kirk Lenington, Natural Resources Department Manager
Prepared by:
Coty Sifuentes-Winter, IPM Coordinator
Graphics prepared by:
Jamie Hawk, GIS Technician
Howell
Reservoirs
Lexington
Reservoir
Lower
Lake
2
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Midpeninsula Regional
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(MROSD)
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Bear Creek Redwoods Open Space Preserve
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Sunnyvale
San Jose
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Ã101Ã280Ã35
Mountain
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Palo Alto
Cupertino
Milpitas
Area of
Detail
?Landing Zone
Parking Area (Permit Only)
ATV Patrol Access
Primary Patrol Access
Bear Creek Redwoods
Open Space Preserve
is a closed preserve.
Public access is by permit only.
Please visit the District website
for more information.
www.openspace.org
Attachment 1
Attachment 2
Resolutions/2016/R-16-__FY2016-17BudgetAdjust_IPM Implementation-BCR 1
RESOLUTION NO. 16-___
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
THE BUDGET FOR FISCAL YEAR 2016-17
WHEREAS, on June 22, 2016 the Board of Directors of the Midpeninsula Regional
Open Space District adopted the Fiscal Year 2016-17 Budget and Action Plan; and
WHEREAS, unanticipated expenses associated with the Integrated Pest Management
(IPM) Implementation of Roads and Trails in Bear Creek Redwoods OSP have arisen and
additional funds are required to complete the project; and
NOW, THEREFORE, The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
SECTION ONE. Amend the Budget and Action Plan for the Midpeninsula Regional
Open Space District for the Fiscal Year 2016-17 as follows:
Project Name Current Budget Revised Budget
Integrated Pest Management (IPM) Implementation at
Bear Creek Redwoods OSP
$91,880 $128,880
SECTION TWO. Monies are hereby appropriated in accordance with said budget.
SECTION THREE. Except as herein modified, the FY 2016-17 Budget and Action
Plan, Resolution No. 16-25 as amended, shall remain in full force and effect.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on September 14, 2016, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
Attachment 2
Resolutions/2016/R-16-__FY2016-17BudgetAdjust_IPM Implementation-BCR 2
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
R-16-131
Meeting 16-26
October 26, 2016
AGENDA ITEM 5
AGENDA ITEM
Contract Amendment for Water Engineering and Consulting Services
GENERAL MANAGER’S RECOMMENDATION
1. Authorize the General Manager to execute a contract amendment with Wagner &
Bonsignore Engineers for additional services related to water systems and water rights in
the amount of $45,000 in Fiscal Year 2016-17.
2. Authorize the General Manager to extend the above contract in the amount not to exceed
$40,000 in Fiscal Year 2017-18 to provide additional services related to water systems
and water rights if the Board approves this funding in the FY2017-18 budget.
SUMMARY
In 2014, the District entered into a contract with Wagner & Bonsignore Engineers (WBE) for a
not-to-exceed amount of $75,000 to assess District water uses and rights and develop a list of
priority work areas. This prior contract work with WBE identified a number of areas that require
additional work. Water rights in the State of California is a highly technical and heavily
regulated subject area and failure to adequately address the District’s interests could result in
administrative penalty liabilities, and/or restriction or loss of those rights. The General Manager
recommends amending the contract to Wagner & Bonsignore Engineers (WBE) for an amount of
$85,000 to a total amount not-to-exceed amount of $160,000 to provide the professional services
needed to identify, maintain, and monitor District water rights.
DISCUSSION
The District holds various rights to use the water from creeks, springs, and ponds that are
associated with District property. Certain water uses are required to be reported to the State
Water Resources Control Board (SWRCB) in order to preserve these rights. Additionally,
District staff is required to report water use and/or respond to inquiries from a state-appointed
Watermaster in adjudicated watersheds (i.e., San Gregorio, Purisima, and Soquel Creeks). The
focus of this amendment work is on Bear Creek Redwoods Open Space Preserve, San Gregorio
Creek Watershed Open Space Preserves (including La Honda Open Space Preserve), and annual
monitoring and reporting across all District lands.
In May and June of 2014, a request for proposals and qualifications (RFPQ) was circulated for
water rights services. Proposals from WBE (Sacramento), Stetson Engineers (Marin), and BSK
Associates (Fresno) were received. WBE was selected as the most qualified consultant to serve
R-16-131 Page 2
the District’s water resource consulting needs as described above, at a fair and reasonable price.
WBE’s work to date has been critical to maintaining the District’s water rights and has identified
a number of areas that require additional work. The term for the existing contract with WBE is
through March, 2017.
While other firms could perform the proposed scope of work, it would require significant
duplication of WBE’s work to date, resulting in inefficiencies, costing the District more in both
time and money. Given the importance of water to District operations, the General Manager
recommends continuing this work with WBE specifically for the San Gregorio watershed, Bear
Creek Redwoods OSP, other ‘in process’ water rights, and the associated annual monitoring and
reporting process. New water issues that are outside of the scope of work described above and
that require more than a cursory amount of outside consultant services shall be awarded through
a competitive proposal process. The pre-qualification for professional water resources services
will expire in June, 2018. Any work awarded after that date will require a new RFPQ.
FISCAL IMPACT
The Natural Resources Department FY2016-17 Budget and Action Plan includes $150,000 for
work related to water rights tasks (including 50,000 for the San Gregorio Adjudication, $50,000
for annual monitoring and reporting, and $50,000 for Bear Creek OSP Water Rights). This
contract amendment is estimated to cost $45,000 in FY2016-17 and $40,000 in FY17-18. The
contract with Wagner and Bonsignore Engineers is a multi-year contract, and will extend into
FY2017-18. The proposed FY2017-18 budget will include additional funds for the remaining
scope of services associated with this multi-year contract.
This contract is not associated with an MAA Project. Though some of the water bodies and water
rights being evaluated may occur in preserves that have been identified as MAA Portfolio
Projects, this work is more related to ongoing work with the District’s water rights management
and not capital project work.
BOARD COMMITTEE REVIEW
This contract amendment does not require Committee review. The current contract was awarded
by the Board of Directors on October 22nd, 2014.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Retention of professional services to conduct evaluations, prepare documents, and assist with
long-range planning and compliance with state water resources laws and regulations does not
constitute a project under CEQA as it will not result in a direct physical change in the
environment [CEQA Guidelines Section 15060(c)(2)].
R-16-131 Page 3
NEXT STEPS
Upon approval by the Board of Directors, the General Manager will be authorized to amend the
contract with WBE for services in FY2016-17 and will extend the contract for the second year’s
work subject to Board approval of the budget for that year. Annual filing and reporting to the
SWRCB will occur in April through June of 2017.
Responsible Department Head:
Kirk Lenington, Natural Resource Manager
Prepared by:
Aaron Hébert, Water Resources Specialist
R-16-137
Meeting 16-26
October 26, 2016
AGENDA ITEM 6
AGENDA ITEM
Award of Contract to Butano Geotechnical Engineers, Inc., for Geotechnical Engineering
Quality Control Observation and Testing Services in support of the Mount Umunhum Road
Rehabilitation Project (Project).
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a professional services contract with Butano
Geotechnical Engineers, Inc., in the amount of $79,890 to perform third party quality control
geotechnical observation and testing in support of the Mount Umunhum Road Rehabilitation
Project at Sierra Azul Open Space Preserve.
2. Authorize a 10% contract contingency in the amount of $7,989 to be reserved for additional
investigation, observation, and testing due to changes in construction scope or unforeseen
conditions, for a not-to-exceed total contract amount of $87,879.
SUMMARY
A third-party geotechnical engineer is required to provide quality control services for work
associated with the Mount Umunhum Road Rehabilitation Project. On August 10, 2016, the
Board awarded a contract to O.C. Jones & Sons (O.C. Jones) to construct the Mount Umunhum
Road Rehabilitation Project (R-16-101). Specialized third-party personnel and equipment are
necessary to provide onsite construction observation and compaction testing. The Project is
currently underway and anticipated to finish in the Summer of 2017. The amount of testing and
observation required for the Project requires the services of a readily available local firm.
Butano Geotechnical Engineers, Inc., (Butano) is currently under a separate, smaller contract
($14,770) with the District providing geotechnical sampling, testing, and reporting services for
two design elements at six specific sites on Mt Umunhum Road. Butano has the availability and
experience to provide the additional required construction observation and inspection services
for the Project. Therefore, the General Manager recommends awarding the contract to Butano
for a total not-to-exceed amount of $87,879, which includes a 10% contingency in the amount of
$7,989. Sufficient funds are included in the Fiscal Year 2016-17 Budget.
MEASURE AA
The 5-year Measure AA (MAA) Project List approved by the Board at the October 29, 2014
meeting includes the voter-approved Priority Action 23 (Portfolio 23) that encompasses all of the
Mt. Umunhum Public Access and Interpretation Projects, in the amount of $27.972 Million. This
contract furthers the goals of Portfolio 23 and Project #23-6 by providing third-party
geotechnical quality control observation and testing of the construction work to ensure roadway
R-16-137 Page 2
upgrades and safety improvements are installed as required by the Project plans and
specifications.
BACKGROUND
In October, 2012, the Board approved the Mount Umunhum Environmental Restoration and
Public Access Project (R-12-104), which includes new visitor amenities at the summit and
roadway upgrades and safety improvements to Mount Umunhum Road to accommodate public
vehicular use to allow all visitors, regardless of physical ability, to reach the summit. Access to
the Mount Umunhum summit was identified as a priority action during the District’s Vision Plan
process, and Measure AA funding was included for roadway improvements under Portfolio #23.
On July 8, 2015, the District hired the civil engineering firm Pavement Engineering Inc., (PEI) to
develop the construction design for the recommended upgrades to Mount Umunhum Road (R-
15-103). On May 25, 2016, the Board approved the Project’s Design and Bid Plan Set (R-16-
62), which was developed by PEI and peer-reviewed by a second civil firm, Sandis. The plan set
was released for bid on June 10, 2016, and on August 10, 2016, the Board awarded a contract to
O.C. Jones (R-16-101) to complete the roadway upgrades and safety improvements.
DISCUSSION
The Project scope of work includes a number of technical items with detailed fabrication and
installation procedures and requirements. A third-party geotechnical engineering firm is required
to perform quality control on these technical aspects, including compaction testing for subsurface
and paving work, moisture testing and temperature confirmation of roadway rehabilitation and
hot-mix asphalt overlay work, and observation and testing of all asphalt pulverizations and
mixes. Additional quality control work includes general observation and documentation of
grading, fabrication, installation, and demolition.
The Board’s “Public Contract Bidding, Vendor, and Professional Consultant Selection, and
Purchasing Policy,” and its corresponding Administrative policy provides:
“Occasionally, … supplies, material, equipment, or services are of a unique type,
are of a proprietary nature, or are otherwise of such a specific design… or are
specifically necessary for purposes of maintaining cost effective system
consistency, so as to be available from only one source.”
As mentioned above, Butano is currently under a separate contract with the District providing
geotechnical sampling, testing, and reporting services at six specific locations on Mt Umunhum
Road. In accordance with District policy, given Butano’s familiarity with the Project, and the
upcoming urgency for the services now that the Project is underway, the General Manager
recommends entering into this contract with Butano. Butano’s familiarity with the Project,
including the site conditions and detailed plans and specifications, as well as their existing
working relationship with PEI allows them to complete these services in a cost-effective and
efficient manner. Butano is also able to commit to meeting the project requirements and conduct
the site visits necessary for the duration of the Project.
R-16-137 Page 3
The proposed contract scope of work includes:
• Civil engineering consultation services:
• Review of construction documents and submittals.
• Attend construction meetings as needed.
• Respond to requests for information (RFI’s).
• Geotechnical observation and testing:
• Observation and testing of asphalt pulverization and mixing, full depth
rehabilitation via emulsion, compaction and compressive strength.
• Mobilization of an onsite laboratory to facilitate timely testing (testing to be done
per Caltrans methods)
• Compaction testing of baserock and trench material.
• Laboratory compaction curves.
• Asphalt testing.
• General construction observation:
• Observation and documentation of demolition process.
• General grading observation and documentation.
• Observation and documentation of drainage improvements.
• Observation and documentation of valley gutters and curb installation, including
concrete pours.
• Observation and documentation of new retaining walls.
The quality control monitoring during construction will protect the District by ensuring that the
Project is properly implemented and constructed in conformance with the plans and
specifications. This in turn will increase the lifespan of the roadway infrastructure, while
reducing future maintenance and repair costs.
FISCAL IMPACT
The District’s Fiscal Year 2016-17 Action Plan and Budget includes $6,331,072 to complete the
Mount Umunhum Road Rehabilitation Project. The budget includes construction costs for the
Project, allowances for contingencies and unforeseen conditions, consultant fees for general
conditions, and construction administration, and other soft costs.
MAA 23-006 Budget $6,331,072
Spent to Date (as of 10/10/16): $22,893
Encumbrances: $5,017,658
Butano Geotechnical Engineers, Inc. Contract: $87,879
Budget Remaining (Proposed): $1,202,642
Sufficient funds to cover the third-party geotechnical project oversight contract are included in
the Fiscal Year 2016-17 Action Plan and Budget for the Project. The following table provides an
overview of budgets and costs to date for Measure AA Portfolio 23:
R-16-137 Page 4
MAA 23 Portfolio Allocation $27,972,000
Spent to Date (as of 10/10/2016): $2,027,096
Encumbrances: $13,065,179
Mt. Um Summit Restoration (23-004) Remaining Project Budget: $773,655
Mt. Um Road Rehabilitation (23-006) Remaining Project Budget: $1,202,642
Balance Remaining (Proposed): $10,903,428
BOARD COMMITTEE REVIEW
The full Board approved Road Project Design and Bid Plan Set on May 25, 2016 (R-16-62).
Due to the full Board’s review, a separate Board Committee review was not necessary.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
The Project was evaluated as part of the Environmental Impact Report (EIR) and Mitigated
Monitoring Plan (MMP) approved by the Board on October 17, 2012, for the Mount Umunhum
Environmental Restoration and Public Access Project (R-12-104).
NEXT STEPS
Pending Board approval, the General Manager will enter into contract with Butano Geotechnical
Engineers, Inc., for third-party geotechnical construction monitoring, and quality control testing
of construction of work by O.C. Jones & Sons, Inc., for the duration of the project. Construction
is anticipated to be completed in Summer 2017.
Responsible Department Head:
Jason Lin, PE, Engineering & Construction Department Manager
Prepared by:
Zachary Alexander, Capital Project Manager II
R-16-138
Meeting 16-26
October 26, 2016
AGENDA ITEM 7
AGENDA ITEM
Update to the Annual Review of Restricted, Committed, Assigned, and Unassigned Reserves and
Reserve Amounts
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution amending the Fund Balance Policy to authorize (1) a $5 million increase in the
Infrastructure Fund for the Administrative and Field Offices, and (2) adjust the minimum
Unassigned Fund Balance to 30% of Budgeted General Fund Tax Revenue, instead of a fixed
dollar amount and (3) provide flexibility to repay unassigned reserve fund spending to a cap of 5%
of Budgeted General Fund Tax Revenue.
SUMMARY
The District Fund Balance Policy, adopted on November 25, 2014, requires that the Board annually
review the necessity for each reserve fund and the reserve amount. The District Controller
recommends three changes from the designations made in November 2014 as described under the
General Manager’s recommendations and explained in more detail below.
DISCUSSION
In November 2014, the Board adopted the Fund Balance Policy to provide adequate funding to
meet the District’s short-term and long-term plans, provide funds for unforeseen expenditures
related to emergencies such as natural disasters, strengthen the financial stability of the District
against present and future uncertainties such as economic downturns and revenue shortfalls, and
maintain an investment-grade bond rating. At that time, the Board approved the establishment of
three restricted funds, three committed funds, and adopted a minimum unassigned fund balance
for the general fund.
Restricted Funds
No changes
Committed Funds
[1] Infrastructure Fund; initial amount of $15.0 million, which was increased by $10 million to
$25 million per Board decision on June 22, 2016. As the planning for the expanded administrative
and field facilities continues to progress, it is recommended that the reserve requirement be
further increased by $5 million to $30 million.
R-16-138 Page 2
[2] Equipment Replacement Fund; initial amount of $2.4 million.
No change is recommended.
[3] Natural Disaster Fund; initial amount of $3.0 million.
No change is recommended.
Assigned Funds
None.
Unassigned Funds
Minimum Balance of General Fund; initial amount of $10 million.
The minimum balance needs to adjust to the changing scale of the District’s financial activity. The
original $10 million amount represented 28% of budgeted general fund tax revenue was updated
to $11.9 million per Board decision on June 22, 2016.
It is recommended that the minimum balance be adjusted to a calculation of 30% of the
Budgeted General Fund Tax Revenue (30% x $42.55 million = $12.765 million).
The existing policy requires any spending from this minimum general fund reserve to be
reimbursed within two years. It is recommended to add some flexibility to the reimbursement by
providing the Board the option to limit the reimbursement at 5% of Budgeted General Fund Tax
Revenue and extend the reimbursement period beyond two years, as needed in the event of a
severely catastrophic event.
The minimum reserve amount calculation will be reviewed annually as part of the annual budget
process.
BOARD COMMITTEE REVIEW
This item was not specifically reviewed by Committee. Per Board policy, adjustments to fund
balances must be approved by the Board as part of the annual budget process. Elements of the
recommended fund balance adjustments were discussed with the Action Plan and Budget
Committee during development of the budget and were further vetted in the recent annual
Controller’s Report.
FISCAL IMPACT
If approved, the revised reserve amounts will be shown in the District’s Annual Financial Audit
Report for the fifteen months ending June 30, 2016.
PUBLIC NOTICE
Public notice was provided pursuant to the Brown Act. No additional notice is required.
R-16-138 Page 3
CEQA COMPLIANCE
The recommended action is not a project for purposes of the California Environmental Quality
Act.
NEXT STEPS
None.
Attachments:
1. Resolution Amending the Fund Balance Policy
Responsible Department Manager:
Steve Abbors, General Manger
Prepared by:
Stefan Jaskulak, Chief Financial Officer
Attachment 1
Resolutions/2016/16-__Amend Fund Balance Policy 1
RESOLUTION NO. 16-___
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
THE FUND BALANCE POLICY
WHEREAS, the Government Accounting Standards Board ("GASB") has adopted
Statement
No. 54, a standard for governmental fund balance reporting and governmental fund balance
classifications with varying constraints: Non-Spendable, Restricted, Committed, Assigned, and
Unassigned, and
WHEREAS, the Midpeninsula Regional Open Space District (District) adopted a Fund
Balance Policy on November 25, 2014 to provide adequate funding to meet the District’s short-
term and long-term plans, provide funds for unforeseen expenditures related to emergencies such
as natural disasters, strengthen the financial stability of the District against present and future
uncertainties such as economic downturns and revenue shortfalls, and maintain an investment-
grade bond rating; and
WHEREAS, the Fund Balance Policy may be amended from time to time to reflect the
District’s current fiscal needs and as part of the District’s annual budget process; and
WHEREAS, the Fund Balance Policy was last amended on June 22, 2016; and
WHEREAS, the planning for the expanded administrative and field facilities continues to
progress making it prudent to increase the Infrastructure Fund; and
WHEREAS, the minimum balance needs to adjust to the changing scale of the District’s
financial activity and reimbursement of any spending of the general fund reserve be flexible, as
needed in the event of a severely catastrophic event; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby amend the Fund Balance Policy as follows:
[1] Infrastructure Fund: It is recommended that the reserve requirement be increased by $5 million
from $25 million to $30 million.
Minimum Balance of General Fund: It is recommended that the minimum balance be adjusted to a
calculation of 30% of the Budgeted General Fund Tax Revenue. The minimum reserve amount
calculation will be reviewed annually as part of the annual budget process.
Any spending from this minimum general fund reserve will be reimbursed within two years. If such
reimbursement exceeds 5% of the Budgeted General Fund Tax Revenue, the Board may decide to
limit the reimbursement at 5% and extend the reimbursement period beyond two years, as needed.
Attachment 1
Resolutions/2016/16-__Amend Fund Balance Policy 2
SECTION THREE. This resolution supersedes the Fund Balance Policy approved on
June 22, 2016.
* * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ___, 2016, 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
Exhibit A: Board Policy 3.07 Fund Balance Policy
Midpeninsula Regional Open Space District
Board Policy Manual
Fund Balance Policy in Accordance
with GASB Statement No. 54
Policy 3.07
Chapter 3 – Fiscal Management
Effective Date: 11/25/1410/26/16 Revised Date: N/A10/26/16
Prior Versions: N/A11/25/14
Board Policy 3.07 Page 1 of 3
Purpose
The following policy is created and approved by the Board of Directors in order to [1] provide
adequate funding to meet the District’s short-term and long-term plans, [2] provide funds for
unforeseen expenditures related to emergencies such as natural disasters, [3] strengthen the
financial stability of the District against present and future uncertainties such as economic
downturns and revenue shortfalls, and [4] maintain an investment-grade bond rating. This policy
has been developed, with the counsel of the District auditors, to meet the requirements of GASB
54.
This policy identifies the required components of fund balance, the level of management
authorized to approve or change target balances in each fund, the amounts that the District will
strive to maintain in each fund, and the conditions under which fund balances may be spent,
reimbursed and reviewed.
Policy
The components of District fund balance are as follows:
Non-Spendable fund balance includes amounts that cannot be spent either because they are not
in spendable form, e.g. prepaid insurance, or because of legal or contractual constraints. At all
times, the District shall hold fund balance equal to the sum of its non-spendable assets.
Restricted fund balance includes amounts that are constrained for specific purposes which are
externally imposed by constitutional provisions, enabling legislation, creditors, or contracts.
Individual funds will be identified by the General Manager and Controller and the amounts set
based on legal or contractual requirements. Funds may only be spent as specified by contract or
as externally directed. The continuing need for each fund and the amount reserved will be
reviewed annually.
Committed fund balance includes amounts that are constrained for specific purposes that are
internally imposed by the District Board of Directors. Individual funds and target amounts will be
established by the Board. Projects to be funded by committed funds require the approval of the
Board. Funds spent from committed funds shall be reimbursed from the general fund within two
years. The continuing need for each fund and the amount reserved will be reviewed annually. Any
changes require the approval of two-thirds of the Board.
Board Policy 3.07 Page 2 of 3
Assigned fund balance includes amounts that are intended to be used for specific purposes that
are neither restricted nor committed. Such amounts may be assigned by the General Manager if
authorized by the Board of Directors to make such designations. Projects to be funded by assigned
funds require the approval of the General Manager. Funds spent from assigned funds shall be
reimbursed from the general fund within two years. The continuing need for each fund and the
amount reserved will be reviewed annually.
Unassigned fund balance includes amounts within the general fund which have not been classified
within the above categories. The Board shall designate the minimum amount of unassigned fund
balance is calculated as 30% of the Budgeted General Fund Tax Revenue. This minimum
unassigned fund balancewhich is to be held in reserve in consideration of unanticipated events
that could adversely affect the financial condition of the District and jeopardize the continuation
of necessary public services. Any spending from this minimum general fund reserve requires the
approval of the Board. Any such spending will be reimbursed within two years. If such
reimbursement exceeds 5% of the Budgeted General Fund Tax Revenue, the Board may decide to
limit the reimbursement at 5% and extend the reimbursement period beyond two years, as
needed. The minimum reserve amount calculation will be reviewed annually as part of the annual
budget process.
The specific reserve funds and amounts are as follows:
Restricted Funds
[1] 2004 Bond Reserve Fund: required by the terms of the 2004 Revenue Bonds; held by Bond
Trustee; minimum amount $1,393,435.
[21] Retiree Healthcare Plan Fund: established in 2008 with a $1.9 million contribution to the
California Employers’ Retiree Benefit Trust; all withdrawals per Board-approved plan; amount of
annual contribution authorized by the Board as part of the annual budget.
[32] Hawthorns Fund: established in 2011 with a $2.0 million endowment from the Woods Family
Trust, to provide stewardship funding for the Hawthorns property in Portola Valley; amount to be
withdrawn each year authorized by the Board as part of the annual budget.
Committed Funds
[1] Infrastructure Fund: Implementation of the 2011 Strategic Plan, 2014 Vision Plan, and
Measure AA projects will require expansion of field and office facilities beginning in fiscal 2016.
Funding for such capital expenditures is not available from general obligation bonds under
Measure AA. The Board shall commit an initial reserve amount and amend the amount as needed.
The amount to be withdrawn each year for the Infrastructure Fund will be authorized by the Board
as part of the annual budget.
[2] Equipment Replacement Fund: Implementation of the 2011 Strategic Plan, 2014 Vision Plan,
and Measure AA projects will, over time, require replacement of field and office equipment and
vehicles. Funding for such capital expenditures is not available from general obligation bonds
Board Policy 3.07 Page 3 of 3
under Measure AA. The Board shall commit an initial reserve amount and amend the amount as
needed. The amount to be withdrawn each year for the Equipment Replacement Fund will be
authorized by the Board as part of the annual budget.
[3] Natural Disaster Fund: The District must be prepared to undertake emergency expenditures
required to respond quickly to a major fire, earthquake or flood. Funding for such expenditures is
not available from general obligation bonds under Measure AA. The Board shall commit an initial
reserve amount and amend the amount as needed. All withdrawals from the Natural Disaster
Fund require the approval of the General Manager.
Assigned Funds
None
R-16-139
Meeting 16-26
October 26, 2016
AGENDA ITEM 8
AGENDA ITEM
Revise a Resolution to Accurately Reflect Board Appointee Compensation in Response to
California Public Employees’ Retirement System Public Agency Review
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution to supersede resolutions which did not include language required by CalPERS
to accurately reflect Employer Paid Member Contributions as special compensation for Board
Appointees.
SUMMARY
The recommended action implements cost neutral changes to the District as required by the
California Public Employees’ Retirement System (CalPERS) audit conducted in May 2016. The
proposed revision corrects the resolution language to accurately reflect the District’s practice to
pay Employer Paid Member Contributions (EMPC) as special compensation for Board
Appointees. The new resolution brings the District into compliance with CalPERS requirements.
DISCUSSION
CalPERS periodically reviews member agencies to ensure compliance with applicable sections
of the California Government Code and provision of the CalPERS contract. In May 2016, the
District received a report from the CalPERS Office of Audit Services requiring that the District
revise and resubmit a resolution to report the Employer Paid Member Contributions (EPMC) for
the Board Appointees as special compensation for the pay period that ended in July of 2013.
Although in practice the District did correctly report the EPMC as special compensation to
CalPERS, the resolution did not include the correct language required by CalPERS to accurately
reflect this practice.
The attached resolution includes the changes and will supersede the previous inaccurate
resolutions with the approval by the Board of Directors.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
BOARD COMMITTEE REVIEW
This item was not reviewed by a Committee.
R-16-139 Page 2
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Upon approval of the resolution, staff will send the revised resolution to CalPERS to be in
compliance with CalPERS and state law.
Attachment
1. Resolution with language that correctly reports Employer Paid Member Contribution
as special compensation for the Board Appointees for pay period ending July 21,
2013.
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services
Prepared by:
Candice Basnight, Human Resources Supervisor
Attachment 1
Resolutions/2016/16-__CalPERS-EPMC 1
RESOLUTION NO. 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR PAYING
AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER
CONTRIBUTIONS
WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District has
the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691
WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District has
written labor policy or agreement which specifically provides for the normal member
contributions to be paid by the employer, and reported as additional compensation;
WHEREAS, one of the steps in the procedures to implement Section 20691 is the
adoption by the governing body of Midpeninsula Regional Open Space District of a Resolution
to commence paying and reporting the value of said Employer Paid Member Contributions
(EPMC);
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
has identified the following conditions for the purpose of its election to pay EPMC;
• This benefit shall apply to all employees of the Board Appointee Group
• This benefit shall consist of paying six (6) percent of the normal contributions as
EPMC, and reporting the same percent (value) of compensation
earnable**{excluding Government Code Section 20636 (c) (4)} as additional
compensation.
• The effective date of this Resolution shall be November 26, 2012.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Midpeninsula
Regional Open Space District elects to pay and report the value of EPMC as set forth above.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a regular meeting thereof, by the following vote:
* * * * * * * * * * * * * * * * * * * *
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1
Resolutions/2016/16-__CalPERS-EPMC 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
*Note: Payment of EPMC as reporting the value of EPMC on compensation earnable is on pay
rate and special compensation except special compensation delineated in Government
Code Section 20636 (c)(4) which is the monetary value of EPMC on compensation
earnable.
R-16-133
Meeting 16-26
October 26, 2016
AGENDA ITEM 9
AGENDA ITEM
Contract to Provide Fence Installation Work at the Skyline Ridge Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into an agreement with Hammer Fence, for a
total contract amount not to exceed $73,122.75 to provide fence installation work at the
Skyline Ridge Open Space Preserve for riparian resource protection from the cattle
grazing operation.
2. Determine that the recommended action is exempt from the California Environmental
Quality Act (CEQA).
SUMMARY
The Request for Bids for the Big Dipper Ranch – Pasture 1 - Fence Installation Project at Skyline
Ridge Open Space Preserve was issued on September 28, 2016. After completing the Request
for Bids process, one bid was received on October 20, 2016, with Hammer Fence the apparent
low bidder. Completion of this fence installation will protect riparian resources along Peter’s
Creek and complete a significant section of perimeter fence in Pasture1at Big Dipper Ranch
within the Skyline Ridge Open Space Preserve. Vegetative and slope barriers were originally
thought to be sufficient to prevent livestock passage but cattle have left District property when
placed in this pasture.
MEASURE AA
This is not a Measure AA project.
DISCUSSION
Background
The Big Dipper Ranch – Pasture 1 – Fence Installation Project (Project) is located at Skyline
Ridge Open Space Preserve (Preserve), southeast of the Town of La Honda (See Attachment 1,
Project Map). The project objective is to install approximately 4,750 linear feet of a new five
strand barbed wire livestock fence and installation of one livestock gate. Installation of the fence
and gate will restrict livestock access to the Peter’s Creek watershed from Pasture 1 at Big
Dipper Ranch. Additionally, the perimeter fence will prevent livestock from leaving District
property and entering the Portola Heights neighborhood. This project was not anticipated for
FY2016-17 and is not included in the current Action Plan and Budget. However, completing this
project at this time is critical because cattle, reacting to mountain lion activity, have left District
R-16-133 Page 2
property and ended up on neighboring private property in the Portola Heights neighborhood.
The fence will also protect sensitive riparian habitat.
Bidding Process
The Request for Bids was issued on September 28, 2016 and was sent to nine contractors as well
as released to five builders’ exchanges. Legal notices were posted in the Half Moon Bay
Review, and an Invitation to Bid was posted on the District website. A mandatory pre-bid site
tour was made available to contractors by appointment and three contractors attended.
Sealed bids were due on Thursday, October 20, 2016, and one bid was received and opened with
the results as follows:
Bidder Location Total Bid
Price per
Linear Foot
(LF) Bid
Percent
Difference from
Base Bid Estimate
of $76,000
1. Hammer Fence Tracy, CA $63,585 $13.39 -16%
Upon review of the Bid Proposals, Hammer Fence was announced as the apparent low bidder.
Bid Analysis
Historically, fence installation on District lands has ranged between $12.00 and $16.00 per linear
foot depending on steepness of terrain, soil type, and economy of scale. The Project transverses
some steep drop offs with areas of rocky outcroppings so staff estimated the Project budget at
$76,000 based on $16.00 per linear foot for 4,750 linear feet of fencing. Based on the bids
received, initial project cost estimates were high.
FISCAL IMPACT
Award of contract will result in a not-to-exceed contract amount of $73,122.75 being awarded to
Hammer Fence for the Project. This includes a 15% contingency in addition to the base bid
amount. To fund this unanticipated Project, capital budget funds will be reassigned within the
Land and Facilities budget from the Farm Labor Housing project. Construction start of a new
farm labor residence at La Honda OSP, if approved by the Board, will not commence until FY
2017-18, allowing construction funds to be reassigned. The reassignment in Land and Facilities
Services capital project budget is detailed in the table below:
Project Project Budget Notes
Farm Labor Housing, La Honda
OSP
$394,900 Construction funds (40-61-621-
8205)
Big Dipper Fence Installation $73,122.75
Funds Remaining in Farm
Labor Housing Project Budget
$321,777
BOARD COMMITTEE REVIEW
There was no Committee review for this agenda item.
R-16-133 Page 3
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
The Project is consistent with Section 15304 of the CEQA Guidelines - Minor Alterations to
Land - Minor public or private alterations in the condition of land, water and/or vegetation which
do not involve removal of healthy, mature, scenic trees except for forestry and agricultural
purposes.
The project site is not a sensitive environment, hazardous waste site or present unusual
circumstances that would result in environmental impacts. Although California red-legged frogs
are known to occur at the Monotii Pond, a biological monitor will preview the site and provide
any required avoidance measures. The project will not cause cumulative impact of successive
projects of the same type in the same place over time which is cumulatively significant. This
project will not affect scenic resources such as trees, historic buildings, rock outcroppings, or
similar resources, nor is it visible from an officially designated state scenic highway (Hwy 280,
35, and 9). No take of endangered, rare, or threatened plant and animal species will occur.
NEXT STEPS
If approved by the Board, the General Manager will be authorized to enter into a contract with
Hammer Fence to perform construction services for the Project. Final contract signature is
subject to meeting all District requirements, such as having all required insurance and bonding in
place. The project is scheduled to begin and be completed in November 2016, pending winter
weather conditions.
Attachments
1. Project Map
Responsible Department Manager:
Brian Malone, Land and Facilities Services Manager
Prepared by:
Elaina Cuzick, Senior Property Management Specialist
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Attachment 1
R-16-140
Meeting 16-26
October 26, 2016
AGENDA ITEM 10
AGENDA ITEM
Consideration of San Mateo County Farm Bureau Request for Indemnification of Grazing
Tenants and Request for Meeting with Board Members
GENERAL MANAGER’S RECOMMENDATIONS
1. Affirm continued use of standard grazing lease language that requires District grazing
tenants to indemnify the District.
2. Review a draft Board response letter to the Farm Bureau and direct the General Manager
to revise if necessary and send.
SUMMARY
Current District grazing leases require the grazing tenant to indemnify the District and require
the tenant to carry insurance naming the District as an additional insured party. In
communications with District staff, as well as communications directly with the Board, the Farm
Bureau has expressed concern about grazing tenants’ potential increased liability associated with
public access on grazed properties. Their request is to change existing leases to require that the
District indemnify the grazing tenant instead of the tenant indemnifying the District. The Farm
Bureau has also requested to meet with the full Board, or at least three members of the District’s
Board, to discuss this issue. The General Manager recommends the Board send the attached
letter to the Farm Bureau (Attachment 1) affirming continued use of standard grazing lease
language requiring District grazing tenants to indemnify the District, and clarifying that the
Board has delegated handling of Farm Bureau issues to the General Manager and that members
of the Farm Bureau’s Board are welcome to attend and provide input at District Board meetings.
MEASURE AA
This is not a Measure AA project.
DISCUSSION
The San Mateo Farm Bureau has expressed its apprehension about public access on District
grazing properties, especially since the opening of Mindego Hill area of Russian Ridge Preserve
and plans to open La Honda Creek Preserve.
District staff have taken the following actions to understand and respond to their concerns:
R-16-140 Page 2
• The District has committed to consulting with the Farm Bureau over management plans
in the Coastside Protection Area as part of the Memorandum of Understanding between
the District and the Farm Bureau (MOU).
• On February 1, 2016 the Farm Bureau raised the issue of indemnification at the monthly
meeting. Mike Williams, Real Property Manager, responded to the Farm Bureau on
March 2, 2016 explaining why the District requires grazing tenants to indemnify the
District.
• Staff have done extensive outreach with the Farm Bureau about the introduction of public
use onto grazed areas, including holding field meetings with their executive board before
opening Mindego, and most recently regarding the plans to open La Honda in 2017.
• Staff attend monthly Farm Bureau meetings to present on new projects and answer
questions.
• Staff also set up a tour to show the Farm Bureau and District grazing tenants several
grazing properties in the East Bay on public lands that have high visitation and successful
grazing operations, showing that public use and grazing can be compatible.
• The San Mateo County Farm Bureau requested, through staff, to meet with the District’s
Board of Directors to discuss the indemnification clause in District grazing leases. AGM
Kevin Woodhouse responded in a letter of September 9, 2016 that reiterated the reasons
for the indemnification clause and offered to meet with staff rather than the Board.
• Jess Brown the Farm Bureau Executive Director spoke at the Board Meeting on
September 14th requesting a meeting with the Board and made the same request via email
to the Board. The letter of September 9th and an FYI were included in the Board packet
for that meeting.
• District staff and President Kishimoto attended the next Farm Bureau meeting on October
3rd, 2016 and listened to their concerns regarding grazing and public access.
The Farm Bureau’s request is to change the terms of District grazing leases to indemnify the
tenant rather than the tenant indemnifying the District. Staff has carefully considered the issue of
public safety and liability concerns on District grazing properties. District grazing leases take
into account these concerns and represent an allocation of risk that is consistent with other
District contracts, and the District’s overall approach to risk allocation. In general, the manner in
which any tenant’s activities are managed, including grazing operations, affects the level of risk.
The District’s grazing tenants are in the best position to control their operations and therefore
control their exposure to risk. Therefore, the terms of District grazing leases require the grazing
tenant to indemnify the District. In addition:
• The indemnification clause is standard for other public agencies for contractual
agreements where the private party is gaining a benefit from the agency.
• All Bay Area agencies surveyed have similar indemnification terms, and insurance
requirements, in their grazing leases.
• District General Counsel has reviewed the grazing leases and concurs that a clause
indemnifying the District is reasonable and affords the District the best liability
protection.
• Indemnification clauses protecting the District are a best management practice according
to the California Joint Powers Authority (our insurance pool).
At the Farm Bureau meeting on October 3rd, 2016, several discussion points were raised by the
Farm Bureau that the Board could consider in response to their request. These points are
summarized below, with additional staff input noted:
R-16-140 Page 3
1. Some Farm Bureau members felt that, because of the MOU between the District and
the Farm Bureau, the grazing tenants should be treated differently than tenants of
comparable agencies.
Staff comments: The Farm Bureau-District MOU requires the District to consult
with the Farm Bureau and has specific mitigation measures. There are no
requirements to follow the Farm Bureau’s recommendations and none of the
mitigation measures addresses grazing lease provisions.
2. Add a dual indemnification clause where the grazing tenant would indemnify the
District over liability due to their operation and the District would indemnify the
tenant for any interactions with visitors.
Staff comments: This option is inconsistent with standard lease practices and with
comparable Bay Area agencies.
3. Implement a discounted grazing lease rate that factors in the unique situation on the
San Mateo Coast and the potential for an increase in insurance premiums with the
public access.
Staff comments: There already is a discounted rate compared to other agencies
due to remoteness from livestock services such as infrastructure suppliers and
certified meat processing plants and due to the smaller size of most District
grazing properties. The comparable agency rates include many lands with public
access, and grazing tenants on public lands are able to secure insurance for their
operations and still run profitable operations.
4. Fence all public access trails out of grazing areas.
Staff comments: The MOU mitigation measure AGR-3a calls for locating trails
away from prime agricultural lands. If trails must traverse cultivated lands
“adequate buffers, signs and other measures” are called for. Trails that bisect
grazing lands are specifically called out as an exception to this mitigation
measure. Excluding livestock from trails to prevent interaction between livestock
and visitors would be impractical, aesthetically displeasing to visitors, and create
unnecessary barriers to livestock grazing operations.
For all of the reasons noted and based on staff comments to the discussion points raised by the
Farm Bureau, the General Manager and General Counsel recommend that the District continue
use of standard grazing lease language requiring District grazing tenants to indemnify the
District.
Concerning the Farm Bureau’s request to meet directly with the District Board, the draft
response letter clarifies that Farm Bureau Board members currently have the ability to address
the District Board through the District’s public meeting processes and that the Board has
delegated handling of Farm Bureau issues to the General Manager. As policy questions arise, as
in this case, the General Manager may raise the issues to the District Board for consideration in a
public meeting. Members of both Boards are able to regularly attend the other Board’s meetings,
just as representatives from the District Board have attended Farm Bureau Board meetings in the
past.
R-16-140 Page 4
FISCAL IMPACT
No fiscal impact.
BOARD COMMITTEE REVIEW
No committee review.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. The San Mateo Farm Bureau was
notified as well.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Send response letter to Farm Bureau, as approved by Board, advising of decision.
Attachments
1. Draft Response Letter from the District Board to the Farm Bureau
2. Farm Bureau Email to the Board 9/14/16
3. District Letter to the Farm Bureau 2/1/16
4. District Letter to the Farm Bureau 9/9/16
5. Board FYI 9/14/16
6. MOU Between Farm Bureau and District
Responsible Department Head:
Kevin Woodhouse, Assistant General Manager
Prepared by:
Brian Malone, Land and Facilities Services Department Manager
Attachment 1
DRAFT RESPONSE FOR BOARD CONSIDERATION
Dear Mr. Brown:
The Midpeninsula Regional Open Space District (District) Board of Directors appreciates your attendance
and oral communications at our meeting on September 14, 2016. Additionally, the Board of Directors has
received your follow-up e-mail communication of that same evening. This letter is in response to your e-
mail.
The District understands the important role of the San Mateo County Farm Bureau and values the
cooperative relationship we have built together since the 2004 Coastal Annexation Service Plan and the
consultative obligations provided for in the Memorandum of Understanding with the Farm Bureau. The
District looks forward to continuing this relationship. We re-affirm our mission for the San Mateo
coastal annexation area, which is:
“To acquire and preserve in perpetuity open space land and agricultural land of regional
significance, protect and restore the natural environment, preserve rural character, encourage
viable agricultural use of land resources, and provide opportunities for ecologically sensitive
public enjoyment and education.”
Regarding cattle grazing on District public lands currently open to public access, and planned for opening
in the future, District staff has consulted with the Farm Bureau, including arranging a special
demonstration tour of cattle grazing operations run by other local public agencies. The Farm Bureau has
requested that the District reverse its grazing lease indemnification provision. After careful discussion
and review, tThe Board of Directors agrees with the recommendation of the District’s General
Manager and General Counsel to leave the indemnification clause unchanged, the reasons for
which have been explained in staff communications to the Farm Bureau.
Your e-mail also requests an opportunity for your Board to meet directly with the District Board of
Directors. District Board of Directors’ meetings, including 3-person regular committee meetings of the
Board, are open public meetings, publicly noticed and conducted according to the Ralph M. Brown Act of
California (1953). As such, Farm Bureau Board members are welcome to attend and provide comment to
the District Board. Similarly, as you are aware, members of the District’s Board of Directors (recently
Board President Kishimoto) occasionally attend your Board meetings; District staff also regularly attend
your Board meetings. The District Board of Directors has delegated day to day handling of Farm Bureau
issues to the General Manager. If issues rise to the level of needing policy consideration by the Board of
Directors, as in this case of the Farm Bureau’s request regarding indemnification in grazing leases, the
General Manager may bring the issue will bring the issues before the Board for a decision.
The District Board of Directors looks forward to continuing to fulfill our Coastal mission, with its
emphasis on preserving agricultural, and working with the Farm Bureau in doing so.
Sincerely,
Yoriko Kishimoto
President, Board of Directors
1
Brian Malone
Subject:FW: Full Board of Directors and District Clerk - Board Contact Form
From: jessbrown@sbcglobal.net [mailto:no‐reply@wufoo.com]
Sent: Wednesday, September 14, 2016 7:55 PM
To: web <web@openspace.org>; Clerk <clerk@openspace.org>
Subject: Full Board of Directors and District Clerk ‐ Board Contact Form
Name * Jess Brown
Select a
Choice *
Full Board of Directors and District Clerk
Email * jessbrown@sbcglobal.net
Location:
(i.e. City,
Address
or
District
Ward)
765 Main St., Half Moon Bay
Daytime
Phone
Number
(if you
wish to
be
contacted
by
phone)
(831) 818-1193
Comments: *
To MROSD Board of Directors,
It was nice to meet you during your meeting's oral communications tonight. Below is the email request we made to your
staff on 7/14/16 to have our officers meet with your officers. We were disappointed that it took two month to receive
Attachment 2
2
(received via email 9/14/16) a written response regarding the issue, but it was apparent our request for a meeting was
never sent to you by your staff.
We would still like to have the meeting, and it now appears we need to to add as an agenda item to that meeting - how
can our boards better interact with one another on areas of concern since there is an MOU with both parties.
Thank you for listening to my comments tonight.
Jess Brown, Executive Director
San Mateo County Farm Bureau
-----Original Message-----
From: Jess Brown [mailto:jessbrown@sbcglobal.net]
Sent: Thursday, July 14, 2016 5:56 PM
To: Mike Williams <mwilliams@openspace.org>
Subject: Re: Meeting
Hi Mike,
The Farm Bureau executive committee met this week and discussed the request to meet with MROSD regarding Farm
Bureau's concerns with increased liability for ranch tenants on property with public trails. The executive committee
appreciates MROSD staff's time in discussing the issue on previous occasions and arranging tours of existing grazing
land with public trails.
The Farm Bureau executive committee requests that the next meeting with MROSD regarding this issue be with the
MROSD executive committee to finalize a resolution on this matter.
Thanks,
Jess
Attachment 2
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 4
Attachment 4
DATE: September 9, 2016
MEMO TO: Board of Directors
MEMO THROUGH: Steve Abbors, General Manager
FROM: Kevin Woodhouse, Assistant General Manager-Visitor & Field Services
Brian Malone, Land & Facilities Services Manager
SUBJECT: Letter to San Mateo County Farm Bureau re: Grazing Tenant
Indemnification Requirements
_____________________________________________________________________________
The San Mateo County Farm Bureau requested, through staff, to meet with the District’s Board
of Directors to discuss the indemnification clause in District grazing leases. The Farm Bureau
continues to express its apprehension about public access on District grazing properties,
especially since the opening of Mindego Hill and plans to open La Honda Creek Preserve. In
response to concerns raised about public access and grazing, District staff have taken the
following actions.
• The District has committed to consulting with the Farm Bureau over management plans
in the Coastside Protection Area as part of the MOU between the District and the Bureau.
• Staff have done extensive outreach with the Bureau about the introduction of public use
onto grazed areas, including holding field meetings with their executive board before
opening Mindego, and most recently regarding the plans to open La Honda in 2017.
• Staff attend monthly Farm Bureau meetings to present on new projects and answer
questions.
• Staff also set up a tour to show the Farm Bureau several grazing properties in the East
Bay on public lands that have high visitation and successful grazing operations, showing
that public use and grazing can be compatible.
• The District’s formal communication with the Farm Bureau on March 2, 2016 is
attached.
• Staff has offered to meet and discuss this issue with the Farm Bureau.
The Farm Bureau’s request is to change the terms of District grazing leases to indemnify the
tenant rather than the tenant indemnifying the District. Staff has carefully considered the issue of
public safety and liability concerns on District grazing properties. District grazing leases take
into account these concerns and represent an allocation of risk that is consistent with other
District contracts, and the District’s overall approach to risk allocation. In general, the manner in
Attachment 5
which any tenant’s activities are managed, including grazing operations, affects the level of risk.
Our grazing tenants are in the best position to control their operations and therefore control their
exposure to risk. Therefore, the terms of District grazing leases require the grazing tenant to
indemnify the District.
• The indemnification clause is standard for other public agencies for contractual
agreements where the private party is gaining a benefit from the agency.
• All Bay Area agencies surveyed have similar terms in their grazing leases.
• District General Counsel has reviewed the grazing leases and concurs that a clause
indemnifying the District is reasonable and affords the District the best liability
protection.
• Indemnification clauses protecting the District are a best management practice according
to the California Joint Powers Authority (our insurance pool).
After a review of the Farm Bureau’s request, the General Manager and General Counsel
recommend to continue to use the District’s existing lease language. The response to the Farm
Bureau is attached, and includes an offer for the Farm Bureau to meet with Land and Facilities
Manager Brian Malone and Assistant General Manager Kevin Woodhouse.
Attachment 5
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
Attachment 6
R-16-134
Meeting 16-26
October 26, 2016
AGENDA ITEM 11
AGENDA ITEM
Fiscal Year 2016-17 Quarter 1 District Budget Amendments
GENERAL MANAGER’S RECOMMENDATIONS
1. Adopt a resolution approving the proposed FY2016-17 Quarter 1 District Budget
amendments.
2. Adopt a resolution approving the administrative budget cleanup for the previously
approved Petersen property purchase.
SUMMARY
In June 2016, the Board of Directors (Board) adopted the Fiscal Year (FY) 2016-17 Budget and
Action Plan. As of September 30, 2016, the adopted FY 2016-17 Budget of $58.1 million increased
to $66.2 million due to Board approved budget amendments for new land acquisitions, and capital
improvement projects. The Quarter 1 budget amendments is proposed to increase by $876,942 for
a total FY 2016-17 District Budget of $67.1 million.
This report presents the proposed budget amendments to reflect necessary increases for personnel
services, unanticipated services and supplies expenses, as well as project expenses as a result of
unanticipated project scope changes, and project delays.
DISCUSSION
The Board of Directors (Board) adopted the FY2016-17 Budget and Action Plan at the June 22,
2016 regular meeting (Reports R-16-71). The FY 2016-17 adopted budget was $58.1 million. As
of September 30, 2016, the Board has authorized budget adjustments increasing the adopted budget
by $8,148,272, to cover unanticipated capital improvement project costs, and new land purchases.
Table 1A lists the Board authorized budget amendments.
Table 1A: Year-to-Date Board Approved Budget Amendments
Project Adopted
Budget
Budget
Amendment
Amended
Budget
Mt. Umunhum Summit Restoration (MAA 23-004) $5,423,250 $3,466,450 $8,889,700
Mt. Umunhum Road Rehabilitation (MAA 23-006) $3,566,400 $2,764,672 $6,331,072
Red Barn Public Access Area (MAA 05-005) $165,000 $60,000 $225,000
Sears Ranch Road Drainage Upgrade (MAA 07-010) $265,000 $207,150 $472,150
Rosetta Property Purchase $0 $1,650,000 $1,650,000
R-16-134 Page 2
Under the General Manager’s authority, net-zero transfers/budget amendments have been
administratively processed to cover unanticipated capital improvement project costs. Table 1B
lists the administratively approved budget amendments.
Table 1B: Year-to-Date Administratively Approved Budget Amendments
Project Board
Approved
Amendment
Budget
Amendment
Amended
Budget
Mt. Umunhum Road Rehabilitation (MAA 23-006) $6,331,072 ($79,000) $6,252,072
Mt. Umunhum Summit Restoration (MAA 23-004) $8,889,700 $60,000 $8,949,700
Mt. Umunhum Trail & Bridge (MAA 23-002) $0 $19,000 $19,000
Proposed Amendments to the FY2016-17 Budget
The proposed Quarter 1 budget amendments result in a net total budget increase of $876,942, for
a total FY2016-17 District Budget of $67.1 million.
On August 28, 2016, the Board authorized the purchase of the Petersen property for $700,000 (R-
16-106). The adopted resolution for the land acquisition did not include a corresponding budget
amendment. This report and resolution includes the necessary budget amendment, an allow for an
administrative budget cleanup to the Land and Associated Cost budget for the Petersen property.
When the previously approved Petersen property purchase is excluded from the Quarter 1 budget
amendment, the net total budget increase for Quarter 1 is $176,942. Where possible, requested
budget increases are offset by savings elsewhere.
Operating Budget
Salaries and Benefits
Through September 30, 2016, realized savings in seasonal staffing levels, and unanticipated
personnel costs, result in a proposed net increase of $159,621 to the personnel services budget.
• 16% savings for Seasonal Rangers.
• Increase of $142,996 for un-budgeted shift differential pay and holiday pay in Visitor
Services.
• Increase of $23,311 for unanticipated compensation time payout.
• Increase in Worker’s Compensation by $21,223. Due newly revised cost allocations for
Worker’s Compensation insurance, insufficient funds were budgeted for Visitor Services
resulting in a budget increase.
Services and Supplies
The services and supplies budget is proposed to increase by $28,213. Savings from deferred
projects allow for an offset in the proposed net increase to the District’s services and supplies
budget.
• Unanticipated costs for Land and Facilities projects carried over from previous fiscal year,
including Skyline Office Driveway project, and Event Center driveway and parking area
improvements, and new preserve signs will result in an increase of $178,590.
• Net savings of $144,064 in Natural Resources is due to the transfer of $40,000 from
General Fund Capital budget to Operating budget, and project delays in BCR Pond
R-16-134 Page 3
Restoration, Marbled Murrelet Recovery Planning, and Prescribed Fire Burn Program.
Project delays are a result of reallocation of staff resources shifting to Mt. Umunhum
projects.
• Savings of $6,313 in Visitor Services for decrease in projected office furniture
expenditures.
Capital Budget
General Fund Capital Budget
The general fund capital budget is proposed to decrease by $40,000 due to change in project scope
for Bear Creek Redwoods (BCR): Public Recreation and Interpretive project. The project is
proposed to split into two separate projects: BCR Cultural Resource Assessment, and water usage
monitoring. BCR Water Usage Monitoring has shifted to the Operating Budget.
Measure AA Capital Budget
The Measure AA capital budget is proposed to increase by $29,108. Project delays in Natural
Resources will offset other project budget increases. The delay in the Bear Creek Redwoods Ponds
Restoration, and Invasive Weeds projects in the Natural Resources department results in a savings
of $78,892.
Change in the Sears Ranch Road Parking Area project scope will result in an increase of $108,000
in the Planning Department, which is offset by the $78,892 savings in Natural Resources, resulting
in a net increase of $29,108 to the Measure AA Capital Budget. When the project budget was
prepared, the project scope was to install an interim gravel parking area. The revised project scope
includes the installation of a permanent, paved parking area, which includes drainage and storm
water detention system requirements. The increase budget will account for design services, and
environmental planning services.
Table 2A below summarizes the proposed budget adjustments by budget category, and Table 2B
provides the breakdown by funding source. Both tables exclude the budget cleanup for the Petersen
property purchase.
Table 2A: Proposed Changes to FY 2016-17 Budget by Category
FY2016-17
Adopted
Budget
YTD Approved
Budget
Amendments
Amended Budget
(as of 09/30/2016)
Quarter 1
Proposed Budget
Amendments
FY2016-17
Proposed
Amended Budget
Salaries and Benefits $20,212,015 $20,212,015 $159,621 $20,371,636
($1,037,683)($1,037,683)$0 ($1,037,683)
Net Salaries and Benefits $19,174,332 $19,174,332 $159,621 $19,333,953
Services and Supplies $8,168,018 $8,168,018 $28,213 $8,196,231
Total Operating Expenditures $27,342,350 $0 $27,342,350 $187,834 $27,530,184
$3,616,300 $3,616,300 ($40,000)$3,576,300
$15,066,450 $6,498,272 $21,564,722 $29,108 $21,593,830
Total Capital Expenditures $18,682,750 $6,498,272 $25,181,022 ($10,892)$25,170,130
$399,750 $1,650,000 $2,049,750 $2,049,750
$608,350 $608,350 $608,350
Total Land and Associated Costs $1,008,100 $1,650,000 $2,658,100 $2,658,100
$11,084,840 $11,084,840 $11,084,840
Total Debt Service $11,084,840 $0 $11,084,840 $11,084,840
$58,118,040 $8,148,272 $66,266,312 $176,942 $66,443,254
General Fund Land and Associated Costs
DISTRICT BUDGET BY CATEGORY
Less: MAA Reimbursable Staff Costs
General Fund Capital
Measure AA Capital
Measure AA Land and Associated Costs
Debt Service
TOTAL DISTRICT BUDGET
R-16-134 Page 4
Table 2B: Proposed Changes to FY 2016-17 Budget by Funding Source
Land and Associated Costs
On August 28, 2016, the Board authorized the purchase of the Petersen property (R-16-106). At
the time of the property purchase authorization, a resolution authorizing a corresponding budget
amendment was not included. This report and resolution will authorize an administrative budget
cleanup to retro-actively ratify the authorized budget amendment for the Petersen property in the
amount of $700,000. There was no delay in finalizing the Petersen property purchase. Table 3A
and Table 3B reflects the administrative budget cleanup for the previously Board approved
Petersen purchase.
Table 3A: Petersen Property Purchase Budget Amendment by Category
Table 3B: Petersen Property Purchase Budget Amendment by Fund
FY2016-17
Adopted
Budget
YTD Approved
Budget
Amendments
Amended Budget
(as of 09/30/2016)
Quarter 1
Proposed Budget
Amendments
FY2016-17
Proposed
Amended Budget
$38,427,190 $38,427,190 $187,834 $38,615,024
$3,916,050 $1,650,000 $5,566,050 ($40,000)$5,526,050
$14,933,200 $6,498,272 $21,431,472 $29,108 $21,460,580
$841,600 $841,600 $841,600
TOTAL DISTRICT BUDGET $58,118,040 $8,148,272 $66,266,312 $176,942 $66,443,254
General Fund Operating
General Fund Land/Capital
Measure AA Land/Capital
Grants
DISTRICT BUDGET BY FUNDING SOURCE
FY2016-17
Adopted
Budget
YTD Approved
Budget
Amendments
Amended Budget
(as of 09/30/2016)
FY2016-17
Proposed
Amended Budget
Salaries and Benefits $20,212,015 $20,212,015 $20,212,015
($1,037,683)($1,037,683)($1,037,683)
Net Salaries and Benefits $19,174,332 $19,174,332 $19,174,332
Services and Supplies $8,168,018 $8,168,018 $8,168,018
Total Operating Expenditures $27,342,350 $0 $27,342,350 $27,342,350
$3,616,300 $3,616,300 $3,616,300
$15,066,450 $6,498,272 $21,564,722 $21,564,722
Total Capital Expenditures $18,682,750 $6,498,272 $25,181,022 $25,181,022
$399,750 $1,650,000 $2,049,750 $2,049,750
$608,350 $608,350 $700,000 *$1,308,350
Total Land and Associated Costs $1,008,100 $1,650,000 $2,658,100 $700,000 $3,358,100
$11,084,840 $11,084,840 $11,084,840
Total Debt Service $11,084,840 $0 $11,084,840 $11,084,840
$58,118,040 $8,148,272 $66,266,312 $700,000 $66,966,312
General Fund Land and Associated Costs
DISTRICT BUDGET BY CATEGORY
Quarter 1
Proposed
Budget
Less: MAA Reimbursable Staff Costs
General Fund Capital
Measure AA Capital
Measure AA Land and Associated Costs
Debt Service
TOTAL DISTRICT BUDGET
*On August 28, 2016, the Board of Directors approved the Petersen Property Purchase (R-16-106). A corresponding budget amendment was not included in the adopted
resolution at the time the Board authorized the purchase.
FY2016-17
Adopted
Budget
YTD Approved
Budget
Amendments
Amended Budget
(as of 09/30/2016)
FY2016-17
Proposed
Amended Budget
$38,427,190 $38,427,190 $0 $38,427,190
$3,916,050 $1,650,000 $5,566,050 $0 $5,566,050
$14,933,200 $6,498,272 $21,431,472 $700,000 *$22,131,472
$841,600 $841,600 $841,600
TOTAL DISTRICT BUDGET $58,118,040 $8,148,272 $66,266,312 $700,000 $66,966,312
General Fund Operating
General Fund Land/Capital
Measure AA Land/Capital
Grants
DISTRICT BUDGET BY FUNDING SOURCE
Quarter 1
Proposed
Budget
R-16-134 Page 5
FISCAL IMPACT
Board approval of the FY2016-17 proposed budget amendments would increase the District’s
FY2016-17 Budget by $876,942, for a total of $67,143,254 to cover personnel services,
unanticipated services and supplies expenses, as well as project expenses as a result of
unanticipated project scope changes.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Upon Board approval, staff will make the necessary Budget amendments.
Attachments:
1. Resolution Amending the budget for Fiscal Year 2016-17
2. FY2016-17 Quarter 1 Budget Changes by Department
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer
Prepared by:
Nicole Gonzales, Finance & Budget Analyst II
Resolutions/2016/16-__FY16-17 Q1 Budget Adjustments 1
RESOLUTION NO. 16-___
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
THE BUDGET FOR FISCAL YEAR 2016-17
WHEREAS, on June 22, 2016 the Board of Directors of the Midpeninsula Regional
Open Space District adopted the Fiscal Year 2016-17 Budget and Action Plan; and
WHEREAS, additional funding is required for personnel services, unanticipated services
and supplies, and project expenses; and
WHEREAS, the General Manager recommends amending the FY 2016-17 Budget;
NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space
District does resolve as follows:
SECTION ONE. Amend the Budget for the Midpeninsula Regional Open Space District
for the Fiscal Year 2016-17 as follows:
DISTRICT BUDGET BY
CATEGORY
FY2016-17
Adopted
Budget
YTD
Approved
Budget
Amendments
Amended
Budget
(as of 09/30/2016)
Quarter 1
Proposed
Budget
Amendments
FY2016-17
Proposed
Amended
Budget
Operating Expenditures $27,342,350 $0 $27,342,350 $187,834 $27,530,184
Capital Expenditures $18,682,750 $6,498,272 $25,181,022 ($10,892) 25,170,130
Land & Associated Costs $1,008,100 $1,650,000 $2,658,100 $700,000 $3,358,100
Debt Service $11,084,840 $0 $11,084,840 $0 $11,084,840
Total District Budget $58,118,040 $8,148,272 $66,266,312 $876,942 $67,143,254
SECTION TWO. Monies are hereby appropriated in accordance with said budget.
SECTION THREE. Except as herein modified, the FY 2016-17 Budget and Action
Plan, Resolution No. 16-25 as amended, shall remain in full force and effect.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT 1
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
10/14/201611:06 AM
FY2016-17 Adopted
Budget
YTD Approved Budget
Amendments
Amended Budget
(as of 09/30/2016)
Quarter 1 Proposed
Budget Amendments
FY2016-17 Proposed
Amended Budget
Administrative Services
Salaries and Benefits $3,564,339 $3,564,339 $3,564,339
Services and Supplies $1,099,367 $1,099,367 $1,099,367
Total Operating Expenditures $4,663,706 $4,663,706 $4,663,706
General Fund Capital $526,700 $526,700 $526,700
Debt Service $11,084,840 $11,084,840 $11,084,840
$16,275,246 $16,275,246 $16,275,246
Engineering & Construction
Salaries and Benefits $661,344 $661,344 $661,344
Less: MAA Reimbursable Staff Costs ($152,917)($152,917)($152,917)
Net Salaries and Benefits $508,427 $508,427 $508,427
Services and Supplies $59,550 $59,550 $59,550
Total Operating Expenditures $567,977 $567,977 $567,977
General Fund Capital $532,750 $532,750 $532,750
Measure AA Capital $11,615,042 $6,438,272 $18,053,314 $18,053,314
Total Capital Expenditures $12,147,792 $6,438,272 $18,586,064 $18,586,064
$12,715,769 $6,438,272 $19,154,041 $19,154,041
General Counsel
Salaries and Benefits $511,956 $511,956 $511,956
Services and Supplies $61,115 $61,115 $61,115
Total Operating Expenditures $573,071 $573,071 $573,071
$573,071 $573,071 $573,071
General Manager
Salaries and Benefits $1,500,452 $1,500,452 $1,500,452
Services and Supplies $401,790 $401,790 $401,790
Total Operating Expenditures $1,902,242 $1,902,242 $1,902,242
$1,902,242 $1,902,242 $1,902,242
Land & Facilities
Salaries and Benefits $5,099,687 $5,099,687 $5,099,687
Less: MAA Reimbursable Staff Costs ($657,176)($657,176)($657,176)
Net Salaries and Benefits $4,442,511 $4,442,511 $4,442,511
Services and Supplies $3,244,861 $3,244,861 $178,590 $3,423,451
Total Operating Expenditures $7,687,372 $7,687,372 $178,590 $7,865,962
General Fund Capital $2,196,650 $2,196,650 $2,196,650
Measure AA Capital $1,049,139 $1,049,139 $1,049,139
Total Capital Expenditures $3,245,789 $3,245,789 $3,245,789
$10,933,161 $10,933,161 $178,590 $11,111,751
Natural Resources
Salaries and Benefits $1,336,729 $1,336,729 $1,336,729
Less: MAA Reimbursable Staff Costs ($193,837)($193,837)($193,837)
Net Salaries and Benefits $1,142,892 $1,142,892 $1,142,892
Services and Supplies $1,148,720 $1,148,720 ($144,064)$1,004,656
Total Operating Expenditures $2,291,612 $2,291,612 ($144,064)$2,147,548
General Fund Capital $120,000 $120,000 ($40,000)$80,000
Measure AA Capital $1,053,417 $1,053,417 ($78,892)$974,525
Total Capital Expenditures $1,173,417 $1,173,417 ($118,892)$1,054,525
$3,465,029 $3,465,029 ($262,956)$3,202,073
FY 2016-17 Quarter 1 Budget Amendments (Attachment 2)
DISTRICT BUDGET BY
EXPENDITURE CATEGORY
Total Administrative Services Expenditures
Total General Manager Expenditures
Total Natural Resources Expenditures
Total General Counsel Expenditures
Total Engineering & Construction Expenditures
Total Land & Facilities Expenditures
10/14/201611:06 AM
FY 2016-17 Quarter 1 Budget Amendments (Attachment 2)
FY2016-17 Adopted
Budget
YTD Approved Budget
Amendments
Amended Budget
(as of 09/30/2016)
Quarter 1 Proposed
Budget Amendments
FY2016-17 Proposed
Amended Budget
Planning
Salaries and Benefits $1,352,252 $1,352,252 $1,352,252
Less: MAA Reimbursable Staff Costs ($33,752)($33,752)($33,752)
Net Salaries and Benefits $1,318,500 $1,318,500 $1,318,500
Services and Supplies $700,620 $700,620 $700,620
Total Operating Expenditures $2,019,120 $2,019,120 $2,019,120
General Fund Capital $240,200 $240,200 $240,200
Measure AA Capital $1,348,852 $60,000 $1,408,852 $108,000 $1,516,852
Total Capital Expenditures $1,589,052 $60,000 $1,649,052 $108,000 $1,757,052
$3,608,172 $60,000 $3,668,172 $108,000 $3,776,172
Public Affairs
Salaries and Benefits $969,616 $969,616 $969,616
Services and Supplies $793,650 $793,650 $793,650
Total Operating Expenditures $1,763,266 $1,763,266 $1,763,266
$1,763,266 $1,763,266 $1,763,266
Real Property
Salaries and Benefits $626,896 $626,896 $626,896
Less: MAA Reimbursable Staff Costs $0 $0 $0
Net Salaries and Benefits $626,896 $626,896 $626,896
Services and Supplies $155,870 $155,870 $155,870
Total Operating Expenditures $782,766 $782,766 $782,766
General Fund Land and Associated Costs $399,750 $1,650,000 $2,049,750 $2,049,750
Measure AA Land and Associated Costs $608,350 $608,350 $700,000 $1,308,350
Total Land and Associated Costs $1,008,100 $1,650,000 $2,658,100 $700,000 $3,358,100
$1,790,866 $1,650,000 $3,440,866 $700,000 $4,140,866
Visitor Services
Salaries and Benefits $4,588,744 $4,588,744 $159,621 $4,748,365
Services and Supplies $502,475 $502,475 ($6,313)$496,162
Total Operating Expenditures $5,091,219 $5,091,219 $153,308 $5,244,527
$5,091,219 $5,091,219 $153,308 $5,244,527
Total Planning Expenditures
Total Public Affairs Expenditures
Total Real Property Expenditures
DISTRICT BUDGET BY
EXPENDITURE CATEGORY
Total Visitor Services Expenditures
R-16-141
Meeting 16-26
October 26, 2016
AGENDA ITEM 12
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
Controller
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the Controller for Fiscal Year 2016-17: Adjust the Controller’s
annual salary to $42,900 plus a one-time merit pay bonus of $2,300.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed this
year’s annual evaluation of the performance of the Controller, during several meetings in June
through October, 2016.
The Board is extremely pleased with the Controller’s help and commitment to the District. His
help was critical to implementation of Measure AA, including the restructuring of the
organization. His forecasting models will help ensure our future staffing is consistent with
revenue. All key objectives were met, along with additional ones that developed over time.
Largely through the Controller’s financial guidance the District continues to secure excellent
bond rates. His significant accomplishments of the year were:
1. Strategic planning and documents for refinancing of 2007 and 2011 bonds.
2. Oversaw sales of General Obligation (GO) bonds at less than 4%.
3. Continues to support a successful FOSM process.
4. Making good progress on transferring his responsibilities to new Chief Financial
Officer/Administrative Services Director (CFO) and teams.
R-16-141 Page 2
The Board is particularly pleased with the Controller’s extra efforts last year (and a quarter) in
his dedication on behalf of the District; his exceptional performance, strategy development, and
extra time spent was well above expectations particularly in overseeing financial activities during
the CFO’s absence and in re-issuing bonds for very significant cost savings to the District.
The Board is decreasing the Controller’s compensation this year as he is decreasing his hours
and transferring work responsibilities to the new CFO.
BOARD COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the Controller: Total of the annual salary = $42,900 with a one-time merit pay bonus of
$2300.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
Attachments:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for the
Controller
Submitted by:
Board Appointee Evaluation Committee
Director Kishimoto
Director Hassett
Director Siemens, Chair
Resolutions/2016/16-__ControllerSalaryAdjustment 1
RESOLUTION NO. 16-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT
PAY BONUS FOR THE DISTRICT CONTROLLER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional
Open Space District entered into a District Controller Employment Agreement (“Agreement”)
with Michael L. Foster, employing him as the District's District Controller; and
WHEREAS, the Agreement provides for an annual review of the District Controller’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the Controller’s performance,
desires to grant him an adjustment to his base salary, to $42,900 per year, with a one-time merit
pay bonus of $2,300 in recognition of his performance during Fiscal Year 2015-2016;
The Board is particularly pleased with the Controller’s extra efforts last year (and a
quarter) in his dedication on behalf of the District; his exceptional performance, strategy
development, and extra time spent was well above expectations particularly in overseeing
financial activities during the CFO’s absence and in re-issuing bonds for very significant cost
savings to the District;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the Controller by adoption of this
resolution to adjust his annual salary to $42,900 per year, effective November 1, 2016 for Fiscal
Year 2016-17, authorizes the President of the Board of Directors or other authorized Board
Officer to execute an Amendment to the District Controller Employment Agreement reflecting
that adjustment, and further grants a one-time merit pay bonus of $2,300.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1
Resolutions/2016/16-__ControllerSalaryAdjustment 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Attachment 1
R-16-142
Meeting 16-26
October 26, 2016
AGENDA ITEM 13
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Counsel
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the General Counsel for Fiscal Year 2016-17: Adjust the General
Counsel’s base salary upward to $222,760 plus a one-time merit pay bonus of $10,600.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed this
year’s annual evaluation of the performance of the General Counsel, during several meetings in
June through October, 2016.
The Board continues to appreciate General Counsel’s creativity, hard work and dedication to the
District. We feel that her objectives were met, except where circumstances were beyond her
control. The District is well served by her proactivity in structuring approaches to legal issues
that could arise when complex tasks are contemplated. General Counsel’s working relationship
with the General Manager and the Board continues to be very good. She has been very proactive
in anticipating issues, and ways to respond to them. Her use of networking contacts has been
excellent. She has been diligent in mentoring our Assistant General Counsel, and continually
educates District staff members to raise their awareness of legal issues. General Counsel has been
very judicious in selecting and retaining outstanding consultants. As a particular project she
helped conduct an RFP and selection process for the new consulting portion of the bond team:
Bond Counsel, Disclosure Counsel, Financial Advisor, and Underwriter, and an excellent team
was selected.
R-16-142 Page 2
The Board is particularly pleased with General Counsel’s extra efforts last year (and a quarter) in
her dedication on behalf of the District: her exceptional performance, strategy development, and
extra time spent was well above expectations in resolving a large number of issues (both legal
and other) that arose during that time.
BOARD COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the General Counsel: Total of the annual salary plus adjustment = $222,760 with a one-time
merit pay bonus of $10,600.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
Attachments:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General
Counsel
Submitted by: Board Appointee Evaluation Committee
Director Kishimoto
Director Hassett
Director Siemens, Chair
Resolutions/2016/16-__GeneralCounselSalaryAdjustment 1
RESOLUTION NO. 16-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT
PAY BONUS FOR THE DISTRICT GENERAL COUNSEL
WHEREAS, effective March 19, 2012, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Counsel Employment Agreement
(“Agreement”) with Sheryl Schaffner, employing her as the District's General Counsel; and
WHEREAS, the Agreement provides for an annual review of the General Counsel’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the General Counsel’s
performance, in recognition of her performance during Fiscal Year 2015-2016 and to bring her
compensation closer to the comparable median, desires to grant an adjustment to the General
Counsel’s base salary upward to $222,760 plus a one-time merit pay bonus of $10,600.
The Board is particularly pleased with General Counsel’s extra efforts last year (and a
quarter) in her dedication on behalf of the District: her exceptional performance, strategy
development, and extra time spent was well above expectations in resolving a large number of
issues (both legal and other) that arose during that time.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this
resolution an adjustment to her base salary up to $222,760, retroactive to July 1, 2016 for Fiscal
Year 2016-17, authorizes the President of the Board of Directors or other authorized Board
Officer to execute an Amendment to the District General Counsel Employment Agreement
reflecting that increase, and further grants a one-time merit pay bonus of $10,600,.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 2
Resolutions/2016/16-__GeneralCounselSalaryAdjustment 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Attachment 2
R-16-143
Meeting 16-26
October 26, 2016
AGENDA ITEM 14
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee
General Manager
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for the General Manager for Fiscal Year 2016-17: Adjust the General
Manager’s base salary upward to $247,600, plus a one-time merit pay bonus of $12,000.
The Board Appointee Evaluation Committee recommends the adoption of a resolution approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed this
year’s annual evaluation of the performance of the General Manager, during several meetings in
June through October, 2016.
The Board was very pleased with the General Manager’s performance during the last fiscal year
and resulting success of District programs and projects carried out as part of his duties. His
actions included an unprecedented organizational ramp-up, hiring many new key leadership
positions, continuing to strengthen relationships with partner agencies, and focusing on
excellence. Key results:
1. Decision to reissue old bonds for cost savings.
2. Ensured that the changes brought about by Measure AA are being effectively woven into the
fabric of our organization. As there are no examples of other public agency restructuring on
this scale that we could follow, this past year required disciplined change management to
ensure the success in implementing sweeping organizational changes. The Board expects a
continuing emphasis on organizational changes to convert the District focus from planning
and thinking, to a sophisticated but action-oriented organization with excellence in strategic
planning, and quality engineering and construction.
R-16-143 Page 2
3. Managed a greatly expanded capital program, with a significant number of projects completed
and substantial progress made on the others.
4. Attended more than 30-agency, partner and Non-Governmental Organization (NGO) events
and spoke at most of them, including three statewide conferences.
5. Substantial progress made in opening Mt. Umunhum, including a creative plan to include the
veterans and the Amah Mutsun tribe in agreements to protect the mountain.
6. Created new departments for Engineering and Construction management and for Information
Services and Technology, and restructured the Operations department into two new
departments for Visitor Services and Land and Facilities.
7. Opened Mindego Hill.
8. Protection of 638 additional acres of open space.
All performance standards for the year were met, as were critical deadlines. His personal level of
effort remained consistent and focused on outcomes.
It is significant to note that this performance year is based on five quarters, from April 2015 through
June 2016, because of the District’s extended fiscal year.
The Board is particularly pleased with Steve’s extra efforts last year (and a quarter) in his
dedication on behalf of the District; his exceptional performance, strategy development, and
extra time spent was well above expectations particularly in resolving staffing issues and in
outreach to partners. Based on his performance evaluation in FY2015-16, the BAE Committee
recommends providing the General Manager compensation noted above.
BOARD COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the General Manager: Total of the annual salary plus adjustment = $247,600 with a one-time
merit pay bonus of $12,000.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
R-16-143 Page 3
Attachment:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General
Manager
Submitted by: Board Appointee Evaluation Committee
Director Kishimoto
Director Hassett
Director Siemens, Chair
Resolutions/2016/16-__GenlMgrSalaryAdjustment 1
RESOLUTION NO. 16-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT
PAY BONUS FOR THE DISTRICT GENERAL MANAGER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional
Open Space District entered into a District General Manager Employment Agreement
(“Agreement”) with Stephen E. Abbors, employing him as the District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the General Manager’s
performance, in recognition of his performance during Fiscal Year 2015-2016 and to bring his
compensation closer to the comparable median, desires to grant the General Manager an adjust to
the General Manager’s base salary upward to $247,600, plus a one-time merit pay bonus of
$12,000.
The Board is particularly pleased with Steve’s extra efforts last year (and a quarter) in his
dedication on behalf of the District; his exceptional performance, strategy development, and
extra time spent was well above expectations particularly in resolving staffing issues and in
outreach to partners. Based on his performance evaluation in FY2015-16, the BAE Committee
recommends providing the General Manager compensation noted above.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Manager by adoption of this
resolution an adjustment to his base salary up to $247,600 retroactive to July 1, 2016 for Fiscal
Year 2016-17, authorizes the President of the Board of Directors or other authorized Board
Officer to execute an Amendment to the District General Manager Employment Agreement
reflecting that increase, and further grants a one-time merit pay bonus of $12,000.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1
Resolutions/2016/16-__GenlMgrSalaryAdjustment 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Attachment 1
R-16-144
Meeting 16-26
October 26, 2016
AGENDA ITEM 15
AGENDA ITEM
Appointment of Unopposed Candidates in Wards 3, 4, and 7
GENERAL MANAGER’S RECOMMENDATION
Adopt resolutions appointing the following unopposed candidates: J. Edmond (Jed) Cyr, Jr. as
Ward 3 Director to a four-year term; Curtis R. Riffle as Ward 4 Director to a four-year term, and
Cecily Harris as Ward 7 Director to a four-year term.
SUMMARY AND DISCUSSION
Public Resources Code Section 5532(e) states, in part, that the Board of Directors shall appoint
unopposed candidates who have been nominated. Section 5532(e) specifies that the Board of
Directors shall make the appointment(s) and that the person(s) appointed shall qualify and take
office, and serve exactly as if elected for office. The Board of Directors adopted Resolution No.
16-22 on June 8, 2016 authorizing the Registrars of Voters to not list any unopposed candidates
for the November 8, 2016 election.
J. Edmond (Jed) Cyr, Jr. of Sunnyvale is the unopposed candidate nominated for the position of
Director in Ward 3.
Curtis R. Riffle of Los Altos is the unopposed candidate nominated for the position of Director
in Ward 4.
Cecily Harris of San Carlos is the unopposed candidate nominated for the position of Director in
Ward 7
In accordance with the provisions of Public Resources Code Sections 5532(f) and (g), certificates
of election shall be issued, and the Oath of Office shall be administered within 30 days of the
appointment, and at least 15 days before the start of the term. The Directors’ terms will begin on
January 1, 2017.
FISCAL IMPACTS
There are no fiscal impacts associated with this agenda item. This is not a Measure AA project.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
R-16-144 Page 2
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act and no
environmental review is required.
NEXT STEPS
If the Board approves appointment of the unopposed candidates to Wards 3, 4, and 7, the District
Clerk will administer the Oath of Office, issue certificates of appointment, and each appointed
Director will take office on January 1, 2017, and serve as if elected at the November 8, 2016
general district election.
Attachments:
1. Resolution Appointing Director in Ward 3
2. Resolution Appointing Director in Ward 4
3. Resolution Appointing Director in Ward 7
Responsible Department Manager:
Steve Abbors, General Manager
Prepared by:
Jennifer Woodworth, District Clerk/Assistant to the General Manager
Resolutions/2016/16-__Appoint Ward 3 1
RESOLUTION NO. 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING
DIRECTOR – WARD 3 OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, an election for the office of Director – Ward 3 of the Midpeninsula Regional
Open Space District was scheduled to be held on November 8, 2016; and
WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person
had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and
WHEREAS, J. Edmond Cyr was unopposed as a candidate for Director – Ward 3.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
J. EDMOND CYR
Is appointed Director – Ward 3 of said District, is duly qualified for the office of Director –
Ward 3 of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 8, 2016 general district election for said office.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a special meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
Attachment 1
Resolutions/2016/16-__Appoint Ward 3 2
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Attachment 1
Resolutions/2016/16-__Appoint Ward 4 1
RESOLUTION NO. 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING
DIRECTOR – WARD 4 OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, an election for the office of Director – Ward 4 of the Midpeninsula Regional
Open Space District was scheduled to be held on November 8, 2016; and
WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person
had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and
WHEREAS, Curtis R. Riffle was unopposed as a candidate for Director – Ward 4.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
CURTIS R. RIFFLE
Is appointed Director – Ward 4 of said District, is duly qualified for the office of Director –
Ward 4 of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 8, 2016 general district election for said office.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a special meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
Attachment 2
Resolutions/2016/16-__Appoint Ward 4 2
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Attachment 2
Resolutions/2016/16-__Appoint Ward 7 1
RESOLUTION NO. 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING
DIRECTOR – WARD 7 OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, an election for the office of Director – Ward 7 of the Midpeninsula Regional
Open Space District was scheduled to be held on November 8, 2016; and
WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person
had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and
WHEREAS, Cecily Harris was unopposed as a candidate for Director – Ward 7.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
CECILY HARRIS
Is appointed Director – Ward 7 of said District, is duly qualified for the office of Director –
Ward 7 of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 8, 2016 general district election for said office.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a special meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
Attachment 3
Resolutions/2016/16-__Appoint Ward 7 2
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Attachment 3
DATE: October 26, 2016
MEMO TO: Board of Directors
THROUGH: Stephen E. Abbors, General Manager
FROM: Kevin Woodhouse, Assistant General Manager
Michael Newburn, Visitor Services Manager
SUBJECT: Proposed Changes to the Process for Appointing District Peace Officers and
Redesign of the District Rangers’ Badge
_____________________________________________________________________________
The purpose of this memorandum is to inform the Board of Directors about changes to the
method by which District rangers are appointed as Peace Officers and the associated badging
ceremony, and a proposed redesign of the District rangers’ badge. If there are no concerns raised
by the Board, the General Manager’s proposed changes will be implemented. Alternatively, if
Boardmembers raise concerns, the Board could refer this item for committee review by majority
vote.
PEACE OFFICER APPOINTMENT PROCESS
Background
At its meeting of January 14, 1976, the Board of Directors determined that District rangers were
to be appointed peace officers as classified by California Penal Code Section 830.31(b). The
code specifies that a person is a peace officer if he/she is designated by a local agency as a park
ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the
protection of park and other property of the agency and the preservation of the peace therein (see
Report R-76-2).
In January, 2010 the District initiated the practice of having a swearing-in ceremony, which
would include the manager in charge of the ranger staff orally administering the written oath that
all District Rangers sign, and to have this act performed before the Board of Directors (R-10-03).
Proposed Changes
The proposed change is to have the Visitor Services Manager make the appointment of District
Peace officers, and have the District Clerk administer the Oath of Office at a badging ceremony
to occur during work hours and to which friends and family would be invited to attend. Board
members who would like to attend would also be most welcome. This process and ceremony
would replace the current practice of having a Board report and resolution for each peace officer
who is appointed.
Page 2 of 3
Reasons for Proposed Changes
With the growth of the agency, and the creation of a seasonal ranger program, the number of
peace officer appointments has grown. The practice of waiting for the next available Board
meeting to appoint peace officer delays (up to two weeks) the appointment, which in turn delays
their required Field Training. In addition, a daytime ceremony will allow more flexibility than at
a Board meeting for staff or Boardmembers who attend to meet and greet with the newly
appointed peace officer.
Discussions were held with District legal staff who confirmed that there is not a legal
requirement for a Board resolution or a ceremony during a Board meeting. Other local agencies
were also contacted and the common practice is for a staff-level ceremony, including
administering the oath of office.
Next Steps
Once finalized, the new procedure would be implemented with the next ranger who is appointed
as a peace officer. Staff who are hired as full time District rangers would be introduced to the
Board in the same manner as other District staff.
CHANGES TO THE DESIGN OF DISTRICT RANGER BADGE
Background
District rangers wear a seven-point star badge which identifies their authority as peace officers.
There have been two changes to the ranger badge since its inception. The first change came
when the District changed its name from Midpeninsula Regional Park District to Midpeninsula
Regional Open Space District. The second change occurred in the early 1990’s when the old
District logo was removed from center of the badge and replaced with the seal of the State of
California. One major deficiency in the current badge design is the lack of space to display the
badge number, which is often asked for by members of the public. Currently, staff are provided
with three badges -- one wallet badge and two curved badges which are worn on garments.
Proposed Changes
To accommodate room for a badge number on the front of the badge the current rocker (the
position label) will need to move to the top of the badge. Additionally, the new rocker will have
room to inscribe the appropriate ranger classification, which is industry standard practice and
helpful during public interactions and emergency situations.
The proposed changes include the following:
• Assigned badge number to be outward facing so staff can be readily identified by their badge
number.
• A rocker which indicates the rank of the staff member (Ranger, Lead Ranger, Supervising
Ranger, Superintendent, Chief).
• Increased size of the badge from 2 ½ inches to 3 inches to allow for the additional
information to be legible and to use industry standard size badge templates.
• Issue one badge instead of three, replacing outer wear badges with cloth badges: Badges
which are worn by staff on outer wear often suffer from wear and tear by their exposure to
the elements and tough working environment. When badges become worn they are
refurbished, a process can weaken the clasp which holds the badge in place and increases the
likelihood of the badge falling off the garment. To address these issues, staff would be
Page 3 of 3
issued one badge, to be worn on regular uniform shirts, and cloth badges would be provided
for use on outer wear. Staff who wish may purchase a flat (wallet) badge at their own cost.
The figure below shows an approximation of the differences between the old and new badges.
Costs
One-time costs for the proposed changes are estimated to be $6,000. This would cover the 33
sworn positions. Staff who wish may buy one of the replaced badges at a cost of $60/badge,
which would help to offset the cost of the new badges.
Next Steps
Once finalized, the newly designed badges would be ordered and a procedure for replacement of
the badges would be implemented. Implementation is anticipated to take place in January, 2017.
Current Badge Design
Proposed Badge Design
Note: Picture of proposed
badge does not have final
gold finish and will
appear the same as the
current badge.
Badge number
From:Jennifer Woodworth
Subject:Board Questions Re: 10/26/16 Agenda
Date:Wednesday, October 26, 2016 8:50:38 AM
Good morning all,
Please find the responses below in blue to questions submitted regarding items on tonight's agenda.
Please let me know if you have any additional questions. Thank you.
Jen
Director Cyr
Claims - AED's at over $1,000each?
Research on the feasibility of purchasing Automated External Defibrillators was one of the projects
listed in our Action Plan for last fiscal year, with purchase being listed in our Action Plan for the
current fiscal year. A Request for Proposals (RFP) was sent out on April 28th, 2016. Five bids were
received in response to the RFP. The lowest bidder (HeartSmart) was chosen. Total cost from
HeartSmart was $1,088 per unit ($20,669 for 19 Units).
We also worked with a private non-profit (RacingHearts.org) which had received a grant from the
Santa Clara County Board of Supervisors to assist in the purchase of AEDs to be used in Santa Clara
County. Cost per unit from this purchase was $800/unit ($16,000 for 20 units). Because of this
partnership with Racing Hearts the District saved $5,757.
Besides patrol trucks, there are now AEDs at the AO4, Annex and Daniels Nature Center.
Director Kishimoto
Claims - more details on the bobcat tractor $124,000? Seems very high for one bobcat tractor.
There are many different models of Bobcat and attachments, that can be purchased. This model is on
the larger end of the range and has a higher reach than most Bobcats. It is also very versatile. As with
all our capital equipment purchases we used the state bid which provides a below retail market price. The
Bobcat Track Loader T870 (http://www.bobcat.com/loaders/compact-track-
loaders/models/t870/features) is different than the bobcat at the Foothills field office so it can fill a
different role and be traded between the offices as needed. This one is large enough to load our large
dump truck, so the skip loader tractor can be working at spreading rock or other jobs. Because of the
versatility of the Bobcat attachments, we set this up to be a mower, mini-dozer, loader, vibratory
compactor and forklift. These are all items we use on a regular basis for road maintenance work and
have had difficulties coordinating loading the truck with spreading rock on some jobs. In the future,
there are possibilities to buy trench diggers, chippers, brush bucket grapple, stump grinders, and a wide
variety of equipment as the job requires.
Agenda item 10 - grazing
how many bidders were there/are there for our grazing contracts? (for most recent one or two)
It depends on the size and accessibility of the parcel. The last two opportunities are perfect
examples. There were only two bids for Mindego area of Russian Ridge Preserve but there were
45 people who attended the pre-bid tour and 9 people who submitted bids for the former Driscoll
and McDonald properties in La Honda Creek Preserve.
Are we requiring certain dollar indemnification of grazing contractors?
The indemnification does not carry a limit but we require insurance naming the District as an
additional insured of Commercial General Liability Insurance and Business Auto Coverage
insurance, each in an amount of not less than $1,000,000.00 aggregate and per occurrence or
accident for all covered losses..
Do we know how much more the insurance costs for areas which allow public access?
We called several insurers that handle grazing properties. Unfortunately none of them were able
to make a blanket statement about how public access would affect insurance rates, if at all.
They will only offer a quote for a specific property and conditions. There are many insurance
companies that will insure grazing properties with public access and some that do not. The one
tenant the District has that is grazing on property open to the public at Mindego Hill was able to
obtain insurance. All our current tenants have leases that allow for public access.
are there many cases of the recreational use statute protecting grazers when/if there have been incidents or
lawsuits?
In discussions with other agencies we could not find examples of civil lawsuits that resulted in
significant liability or cases that were not brought forward due to the recreational use statue.
Jennifer Woodworth, MMC
District Clerk/ Assistant to the General Manager
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485
E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if
any) may be subject to the California Public Records Act, and as such may therefore be subject to
public disclosure unless otherwise exempt under the Act.