Board of Directors

October 23, 2024 - 5:00 pm

5:00PM - Special Meeting

7:00PM - Regular Meeting

The Midpeninsula Regional Open Space District (Midpen) Board meetings are held in person at the District’s Administrative Office, and by teleconference pursuant to Government Code Section 54953.

PUBLIC ATTENDANCE OPTIONS
1. In person at the Midpen Administrative Office: the Board Room is open to the public during meetings of the Board of Directors.
2. Remotely via Zoom: Join the meeting conference by clicking this link: https://openspace.zoom.us/j/87136143764
3. By phone: dial (669) 900-6833 or (346) 248-7799 and enter the Meeting ID: 871 3614 3764

SUBMITTAL OF PUBLIC COMMENTS
Members of the public may submit written comments to be provided to the Board, or register to make oral comments, as follows:
 Written comments may be submitted via the public comment form at: https://www.openspace.org/public-comment.
 Requests to provide oral comment must be submitted prior to the time when public comment on the agenda item is closed as follows:
o In-person attendance: submit a request via the paper-based public comment form at the meeting.
o Remote attendance: submit a request through the public comment form at: https://www.openspace.org/public-comment.
 Any comments received after the deadline will be provided to the Board after the meeting.

Agenda

0 - 20241023_BOD_Agenda_24-28.pdf

Agenda Packet

1 - 20241009_BOD_Minutes_DRAFT.pdf

2 - 20241023_Claims.pdf

3 - 20241023_FomalizingInteralAuditorRole_R-24-123.pdf

4 - 20241023_StateLegislativeConsultantAwardofContract_R-24-124.pdf

5 - 20241023_NativePlantPropagationandSeedServicesAwardofContracts_R-24-125.pdf

6 - 20241023_AmendLegalServicesAgmtSaterLaw_R-24-126.pdf

7 - 20241023_LehighInterestLetter_R-24-127.pdf

8 - 20241023_PartnershipAgreementGGNRSFGSRecovery_R-24-128.pdf

9 - 20241023_BoardAppointeeControllerComp_R-24-129.pdf

10 - 20241023_BoardAppointeeGeneralCounselComp_R-24-130.pdf

11 - 20241023_BoardAppointeeGeneralManagerComp_R-24-131.pdf

20241023_HawthornsAreaPlanTownFeedbackSessions_FYI.pdf

20241023_JohnstonRanchPondsProjectUpdate_FYI.pdf

Meeting Agenda

5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT

ROLL CALL

1. Harassment Prevention Training

Staff Contact: Candice Basnight, Human Resources Manager, Human Resources Department

General Manager's Recommendation: Complete AB 1825 and AB 1661 "Preventing Workplace Harassment, Discrimination and Retaliation," presented by the firm of Liebert Cassidy Whitmore.

ADJOURNMENT

7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT

ROLL CALL

ORAL COMMUNICATIONS

This portion of the agenda is for members of the public to comment on items not on the agenda; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. Individuals are limited to one comment during this section.

ADOPTION OF AGENDA

SPECIAL ORDERS OF THE DAY

Introduction of Staff

Christopher Gibbs, Facilities Maintenance Specialist
Tyler Zappel, Facilities Maintenance Specialist

INFORMATIONAL MEMORANDA

Johnston Ranch Ponds Project Update
Hawthorns Area Plan - Feedback Sessions with Portola Valley Ad Hoc Hawthorns Committee and Portola Valley Town Council

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 the October 9, 2024 meeting minutes

2. Claims Report

3. Direct the Board Appointee Evaluation Committee to formalize the role of the Internal Auditor (R-24-123)

Staff Contact: Stefan Jaskulak, CFO/Admin Services Director, General Manager's Office

Board Appointee Evaluation Committee Chair's Recommendation: Direct the Board Appointee Evaluation Committee to determine how to formalize the role of the Controller as internal auditor and return to the Board of Directors with a proposal for review and approval.

4. Award of Contract for State Legislative Consulting and Lobbying Services (R-24- 124)

Staff Contact: Joshua Hugg, Governmental Affairs Program Manager, Public Affairs Department

General Manager's Recommendation: Authorize the General Manager to enter into a four-year contract with Energy and Environmental Consulting for an amount not to exceed $390,000 for state legislative consulting and lobbying services. This includes an annual contingency of $1,500 to cover travel expenses to Board meetings and project locations should it be necessary

5. Award of Multiple Contracts for Native Plant Propagation and Seed Services (R- 24-125)

Staff Contact: Amanda Mills, Resource Management Specialist II, Natural Resources Department

General Manager's Recommendations:

1. Authorize the General Manager to enter into an agreement with Central Coast Wilds of Santa Cruz, CA to provide California native plant propagation and seed services in an amount not to exceed $125,000 over two years, with the option to extend the agreement for two additional years for a total not to exceed $250,000 over four years.

2. Authorize the General Manager to enter into an agreement with Grassroots Ecology of Palo Alto, CA to provide California native plant propagation and seed services in an amount not to exceed $125,000 over two years, with the option to extend the agreement for two additional years for a total not to exceed $250,000 over four years.

3. Authorize the General Manager to enter into an agreement with Heritage Growers of Chico, CA to provide California seed services in an amount not to exceed $220,000 over two years, with the option to extend the agreement for two additional years for a total not to exceed $440,000 over four years.

6. Amend a Legal Services Agreement with Sater Law (R-24-126)

Staff Contact: Hilary Stevenson, General Counsel, General Counsel Department

General Manager's Recommendation: Authorize a $45,000 amendment to an existing agreement with Sater Law to provide specialized local government legal advice for a new not-to-exceed contract amount of $95,000.

BOARD BUSINESS

Public comment on agenda items is received at the time each item is considered by the Board of Directors.

7. Presentation by Heidelberg Materials/Lehigh Southwest Cement Company on Actions of Mutual Interest regarding the Permanente Quarry (R-24-127)

Staff Contact: Brian Malone, Assistant General Manager, and Kirk Lenington, Natural Resources Manager

General Manager's Recommendation: Receive a Presentation by Heidelberg Materials/Lehigh Southwest Cement Company on the status of the proposed 2023 Reclamation Plan Amendment and other topics of mutual interest. No formal Board action required.

8. Partnership Agreement with the Golden Gate National Recreation Area for San Francisco Garter Snake Recovery (R-24-128)

Staff Contact: Julie Andersen, Senior Resource Management Specialist, Natural Resources Department

General Manager's Recommendation: Authorize the General Manager to enter into a five-year partnership agreement with the National Park Service - Golden Gate National Recreation Area, to collaborate on implementation of recovery actions for the federally and state endangered San Francisco garter snake, with District monetary contributions not to exceed $175,000

9. Approval of Salary Adjustments and Amended Classification and Compensation Plan for Board Appointee Controller (R-24-129)

Staff Contact: Candice Basnight, Human Resources Manager, Human Resources Department

Board Appointee Evaluation Committee's Recommendation: As a result of the Board of Director's (Board) evaluation of the performance of the Midpeninsula Regional Open Space District's (District) Board Appointees for Fiscal Year 2023-24 (FY24), the Board Appointee Evaluation Committee recommends the following compensation adjustment for the Controller for FY25: Adjust the Controller's base salary upward to $75,271, plus a one-time merit pay bonus of $3,726.

The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments. The Board Appointee salary changes will be adopted through the Board approved Classification and Compensation Plan.

10. Approval of Salary Adjustments and Classification and Compensation Plan for Board Appointee General Counsel (R-24-130)

Staff Contact: Candice Basnight, Human Resources Manager, Human Resources Department

Board Appointee Evaluation Committee's Recommendation: As a result of the Board of Director's (Board) evaluation of the performance of the Midpeninsula Regional Open Space District's (District) Board Appointee for Fiscal Year 2023-2024 (FY24), the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Counsel for FY25: Adjust the General Counsel's base salary upward to $291,882, plus a one-time merit pay bonus of $14,594.

11. Approval of Salary Adjustments and Amended Classification and Compensation Plan for Board Appointee General Manager (R-24-131)

Staff Contact: Candice Basnight, Human Resources Manager, Human Resources Department

As a result of the Board of Director's (Board) evaluation performance of the Midpeninsula Regional Open Space District's (District) Board Appointees for Fiscal Year 2023-24 (FY24), the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Manager for FY25: Adjust the General Manager's base salary upward to $318, 602, plus a one -time merit pay bonus of $15,930

INFORMATIONAL REPORTS - Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board.

A. Committee Reports

B. Staff Reports

C. Director Reports

ADJOURNMENT

*Times are estimated and items may appear earlier or later than listed. The Agenda is subject to a 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 5050 El Camino Real, Los Altos, California 94022.

Recording