January 13, 2021 - 5:00pm

Special Meeting begins at 5 p.m.; Regular Meeting begins at 7 p.m.

Consistent with Governor Gavin Newsom's Executive Order N-29-20, the Governor has allowed local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body to avoid public gatherings, and has suspended all contrary provisions of the Brown Act.

THIS MEETING WILL BE VIA TELECONFERENCE ONLY

1. The meeting can be viewed in real-time at: https://openspace.zoom.us/j/82212293108 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 81978403665).

2. Members of the public may provide written comments by submitting a public comment form at: https://www.openspace.org/public-comment

Comments on matters not on the agenda must be submitted prior to the time the board president calls for public comments.
Comments on agenda items must be submitted prior to the time public comment on the agenda item is closed.
All comments shall be subject to the same rules as would otherwise govern speaker comments at the board of directors meeting.
Electronic comments on agenda may only be submitted via the public comment form. Comments via text or social media (Facebook, Twitter, etc.) will not be accepted.
Any comments received after the deadline, will be provided to the Board after the meeting.

AGENDA

5:00   SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8)

Property: Santa Clara County APN: 562-20-001
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Scott Mangum, ESQ. and Mary Billingsley
Under Negotiation: Purchase Terms

2. Conference with Legal Counsel- Existing Litigation Gov’t Code 54956.9(d)1)

Zellerbach v. MROSD et al.
Santa Clara County Superior Court Case No. 20-CV-365990

ADJOURNMENT

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

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 ORDER OF THE DAY
•    Swearing in of Board members
•    Introduction of Staff
o Paul Kvam, Capital Project Manager III

CONSENT CALENDAR
All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar.

1. Approve December 16, 2020 Minutes

2. Claims Report

3. Award of Contract with Tyler Technologies Inc., for an Enterprise Resource Planning System
Migration and Five-Year Software Service Agreement (R-20-02)

Staff Contact: Casey Hiatt, IST Manager
General Manager’s Recommendation:
1.   Authorize the General Manager to award a contract with Tyler Technologies Inc., for a one-
time cost of $198,124 to migrate the Enterprise Resource Planning (ERP) System from New World
Systems (planned to be discontinued) to Munis with a 10% contingency of $19,800 to address
unanticipated technical issues, for a total amount of $217,924.
2.   Authorize the General Manager to award a five-year software maintenance agreement with Tyler
Technologies Inc., for a total amount of $299,165 ($59,833 per year) that will replace the current
maintenance agreement for New World Systems (resulting in a net savings of $9,477 over the five
years for annual maintenance fees).
3.   Authorize an allowance of $44,000 to be used only as needed during the next five years for
additional online storage and user growth needs, bringing the total contract to an amount not-to-
exceed $561,089 for the Munis software platform.

4. California Environmental Quality Act (CEQA) Certification for the Alpine Road Trail Improvements Project at Coal Creek Open Space Preserve (R-21-04)
Staff Contact: Bryan Apple, Capital Projects Field Manager

General Manager’s Recommendation: Adopt a Resolution certifying the Initial Study/Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program for the Alpine Road Trail
Improvements Project in accordance with CEQA.

 

BOARD BUSINESS
Public comment on agenda items at the time each item is considered by the Board of Directors.
Written public comments will be provided to the Board prior to the meeting and posted on the
District’s website at www.openspace.org. The names of all commenters will be read into the record.

5. Election of the Calendar Year 2021 Officers for the Midpeninsula Regional Open Space
District Board of Directors (R-21-01)

Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager
General Manager’s Recommendation: Elect Officers of the Board of Directors for Calendar Year 2021.

6. Beatty Parking Area and Trail Connections Project Options (R-21-03)

Staff Contact: Tina Hugg, Senior Planner, Planning Department
General Manager’s Recommendation: Consider options for the Beatty Parking Area and Trail Connections Project, including the Planning and Natural Resources Committee recommendation of deferring the Project until completion of a newt study to incorporate its findings, and select an for the General Manager to pursue.

7. Revisions to Board Compensation Policy 6.06 (R-21-05)

Staff Contact: Hilary Stevenson, General Counsel

General Manager’s Recommendation:
1.   Adopt a Resolution making annual findings that up to six compensable Board meetings per month
are necessary for the effective operation of the Midpeninsula Regional Open Space District.
2.   Consider the recommendation of the Legislative, Funding, and Public Affairs Committee to
revise the list of compensable meetings in Board Policy 6.06--Meeting Compensation, Reimbursement
of Authorized Necessary Expenses for Performance of Official Duties, and Adoption of Ethics
Training Requirements Pursuant to Government Code Section 53232 et seq.
(AB1234).

8. Approval of Salary Adjustments and Amended Employment Agreement for Board Appointee General
Manager (R-21-06)

Staff Contact:  Candice Basnight, Human Resources 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 2019-20, the Board Appointee Evaluation Committee recommends the following compensation
adjustments for the General Manager for Fiscal Year 2020-21: Adjust the General Manager’s base
salary upward to $259,875, plus a one-time merit pay bonus of $18,191.

The Board Appointee Evaluation Committee recommends the adoption of the attached resolution
approving the salary adjustments set out in Recommendations and authorizing the Board President to
execute a revised Board Appointee Employment Agreement, incorporating the changes
described below.

9. Approval of Salary Adjustments and Amended Employment Agreement for Board Appointee General Counsel (R-21-07)

Staff Contact:  Candice Basnight, Human Resources 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 2019-20, the Board Appointee Evaluation Committee recommends the following compensation
adjustments for the General Counsel for Fiscal Year 2020-21: Adjust the General Counsel’s base
salary upward to $236,775, plus a one-time merit pay bonus of $11,839.

The Board Appointee Evaluation Committee recommends the adoption of the attached resolution
approving the salary adjustments set out in Recommendations and authorizing the Board President
to execute an amended Board Appointee Employment Agreement.

10. Approval of Salary Adjustments and Amended Employment Agreement for Board Appointee Controller (R-21-08)

Staff Contact:  Candice Basnight, Human Resources 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 2019-20, the Board Appointee Evaluation Committee recommends the following compensation
adjustments for the Controller for Fiscal Year 2020-21: Adjust the Controller’s base salary upward
to $48,283, plus a one-time merit pay bonus of $1,448.

The Board Appointee Evaluation Committee recommends the adoption of the attached resolution
approving the salary adjustments set out in Recommendations and authorizing the Board President to
execute an Amended Board Appointee Employment Agreement, incorporating the changes described below.

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

Committee Reports
Staff Reports
Director Reports

ADJOURNMENT

*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to
the meeting will enable the District to make reasonable arrangements to ensure accessibility to
this meeting.

Written materials relating to an item on this Agenda that are considered to be a public record and
are distributed to Board members less than 72 hours prior to the meeting, will be available for
public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022.

Unless otherwise noted, all meetings take place at the District Administrative Office - 330 Distel Circle, Los Altos, CA 94022.

Regular Meeting agendas are posted 72 hours prior to the meeting. Special Meeting agendas are posted at least 24 hours prior to the meeting.

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.

Minutes usually are not available until two to four weeks after a Board meeting. Please note that formal meeting minutes are not taken at Committee meetings or some Special Meetings of the Board (that is, study sessions or public workshops).