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Home My Public Portal About20100127 - Agenda Packet - Board of Directors (BOD) - 10-03 AMENDED: 01/26/2010 Midpeninsula Regional • ' Open Space District Meeting 10-03 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday,January 27, 2010 330 Distel Circle Los Altos, California AGENDA 6:00* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-CLOSED SESSION Conference with Real Property Negotiator- California Government Code ' 54956.8 1 § P rty g Real Property—Santa Clara r'ount_ San Mateo County: APN 096-230-130 APN 096-230-150 APN 063-590-040 Agency Negotiator—Stephen E. Abbors, General Manager Negotiating Party—City of East Palo Alto, Alvin James, City Manager Under Negotiation—Price and terms of real property transaction 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PUBLIC SESSION ROLL CALL, REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ** ORAL COMMUNICATIONS—PUBLIC ** ADOPTION OF AGENDA 7:10* CONSENT CALENDAR 2., 2 mber 16, 2009 1 Approve Minutes of December 4 009 and C?ece 2 Approve Revised Claims Report 3 Approve Written Communications—None 4 Appjroval of Change in Staff Participation in the State Disability Insrnance Program— S. Morrison 5 Annual Seasonal Trail Closures Informational Report—G. Baillie Meeting 10-03 Page 2 6 Approval of the Five Star/Nature Restoration Trust Restoration Program (Five Star/NRT)Grant Application for the Pond DR06 Repair Project located within the Driscoll Ranch area of LaHonda Creek Open Space Preserve—J. Andersen 7:20* BOARD BUSINESS 7 Appointment of Elizabeth Wright as Peace Officer—D. Sangilitletti 8 Proposal to Discontinue the Dog Permit System at Long Ridge Space Preserve—G. Baillie S — 9 Approval of an Amendment to the Contract with Northgate Environmental Management,_Inc.. in the A1110LInt of$150,000 to Provide Environmental Services to Support Site Cleanup Activities at the former Almaden Air Force Station and Determination that the Recommended Actions are Exempt from the California Environmental Quality Act—K. Lenington 10 Consideration of Amendments to the District's Policy for Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing of Services and Supplies—S. Schectman I I Appointment of Standing and Ad Hoc Board Committee Members for 2010—A. DL101lg 12 Appointment of District Representatives to the Governing Board of the M idpe��gjom 0,en Space District Financing Authority—A. DL101lg 13 Appointment of Stephen E. Abbors as the Executive Directive of the M idpe�ninsula Regional Open Space District Financing Authority for Calendar Year 2010—A. DLIOng 14 Appointment of Regular and Alternate Representatives to the California Joint Powers Insurance Autilority(CaUPIA) Board of Directors—A. Duong INFORMATIONAL REPORTS— Written or oral 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 inforillation', request staff to report back to the Board on matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports SPECIAL MEETING CLOSED SESSION RECONVENED(IF NECESSARY) REPORT ON RETURN FROM RECONVENED CLOSED SESSION(IF NECESSARY)('file Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE BOARD: 7'he Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. )'air may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily he limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar: 411 items on the Consent Calendar may be approved without discussion by one Inotion. Board members, the General Manager, and members of the public may request that an item be removed fi,om the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,11"YOU need assistance to participate in this meeting,please contact the District Clerk at(650) 691-1200. Notification 48 toms prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meetim., Meeting 10-03 Page 3 Public records provided to amajonty of the District',Board of Directors relating to an Agenda Item on the open session of regular Board meeting will be made available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022 during normal business hours. CERTIFICATION OF POSTING OF AGENDA 1,Anna Duong,Acting District Clerk for the Milpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the January 11, 2010 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on January 22,2010 at the Administrative Offices of MROSD,330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at vm"ensjja,(xej)jg. Signed this 22nd day of January 2010,at Los Altos,California. Acting District Clerk Date: 01/22/2010 Claims No. 10-02 Meeting 10-03 Date 1/27/10 Midpeninsula Regional Open Space District # Amount Name Description 11900 $5,659.86 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 11901 $5,485.00 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 11902 $4,768.40 The Bank Of New York Mellon Note Paying Agent Fees-Debt Service 11903 $3,943.41 *1 First National Bank Office Supplies-Corner Desk With Keyboard Tray/Headsets/ Four Conference Phones 11904 $3,803.41 *1 First National Bank Conferences&Training Expenses-Specialized Leadership Training/Emergency Traction Splint Training/Tech Conference 11905 $3,801.12 *1 First National Bank Field Supplies/Medical Bags/Box Cutter/Magnetic Sweeper/ Water Level Meter/Five Friction Plates For Trail Dozer 11906 $2,954.01 Sol's Mobile Service Vehicle Repairs&Service 11907 $2,932.61 *2 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program District 11908 $2,400.43 *1 First National Bank Holiday Luncheon Expenses 11909 $2,238.75 Concern Employee Assistance Program Quarterly Fee 11910 $2,234.74 Inside Source Office Furniture For Operations Department 11911 $1,855.81 West Payment Center Legal Research Fees/2010 California Annotated Code Updates 11912 $1,642.08 Accountemps Accounting Temp 11913 $1,480.52 Monster Mechanical HVAC Repairs-AO 11914 $1,444.52 CMK Automotive Vehicle Maintenance&Repairs 11915 $1,267.50 Normal Data Consulting Services-Contact&Volunteer Database Development 11916 $1,079.32 Wright,Elizabeth Reimbursement-Mileage&Ranger Academy Expenses 11917 $997.45 *1 First National Bank Business Related Meals-Board Meetings/Operations Meeting/ Strategic Plan Meetings/Managers Retreat/Administration Department Lunch 11918 $982.76 Direct Marketing Solutions Mail House Services 11919 $900.00 *3 Curtis Turner Restroom Repairs-Rental Residence 11920 $888.31 *1 First National Bank Advertising/Subscription/Books-Ad For Project Manager For Mt. Umunhum/Dish Network/Harvard Business Review/Survey Monkey Monthly Subscription 11921 $877.51 Del Woods Consulting Services-Land Purchase Projects 11922 $813.89 *1 First National Bank Computer Expenses- FFO Internet/PDF Converter/Battery Charger/Software For Google Earth Pro 11923 $721.23 Los Altos Garbage Company Garbage Service-Frontloader/Recycling-FFO 11924 $674.20 San Jose Water Company Water Service-RSA County Park 11925 $615.87 Neofunds By Neopost Postage 11926 $599.94 Hsieh,Benny Reimbursement- Computer Server Hard Drives 11927 $546.58 Redwood General Tire Company Two Tires And Alignment For Maintenance Truck 11928 $528.18 Life Assist First Aid Supplies 11929 $524.40 Summit Uniforms Uniform Expenses 11930 $425.19 Staples Office Supplies,Breakroom Supplies&Shredder Oil 11931 $400.00 County Of San Mateo Human Excel Training/Leadership Training Resources Department 11932 $400.00 Santa Clara County/Cities Managers' Membership Dues&Meeting Expenses Association 11933 $350.50 *1 First National Bank Nature Center Supplies-Veterinary Services For Snickers 11934 $340.00 Roessler,Cindy Reimbursement-Mileage&Conference Expense 11935 $331.00 Del Rey Building Maintenance Janitorial Supplies-AO 11936 $305.90 Neopost Postage-Rates Update 11937 $305.68 Madco Welding Torch Regulator Repair 11938 $299.15 Rich Voss Trucking Rock Delivery-FFO Stock&Permit Lot 11939 $297.92 Northern Energy Propane-FFO 11940 $288.00 Cupertino Medical Group Employee Medical Services 11941 $264.96 Safety Kleen Solvent Tank Service-SFO Page 1 of 2 Claims No. 10-02 Meeting 10-03 Date 1/27/10 Midpeninsula Regional Open Space District # Amount Name Description 11942 $249.88 Turf&Industrial Equipment Company Oil&Filters For Tractor 11943 $237.08 ADT Security Services Alarm Service-SFO 11944 $193.97 Pringle Tractor Company Tractor Supplies-Filters 11945 $178.73 Green Waste Garbage Service-SFO 11946 $166.73 Pine Cone Lumber Replacement Split Rail For Jacques Ridge Parking Lot 11947 $161.47 Allied Waste Services Garbage Service-Rental Residence 11948 $157.96 *1 First National Bank Vehicle Supplies-Battery Charger For Motorcycle 11949 $152.35 Langley Hill Quarry Base Rock For SFO Storage Shed&Drain Rock For Black Mountain Water Project 11950 14 rr nn' I$ 0.63 R. E.Bo ma s Steel Company Square Tubing For Maintenance Truck Water Tank Frame 11951 $127.46 R&B Company Supplies For SFO Water System 11952 $114.94 Foster Brothers Lock&Key Services-Combo Lock&Padlocks 11953 $109.12 Tadco Supply Janitorial Supplies 11954 $103.56 Barron Park Supply Plumbing Supplies And Parts For Water Tank 11955 $79.95 Downing,Brendan Reimbursement-Propane Tank Rental 11956 $70.00 San Francisco Chronicle Subscription Renewal 11957 $68.38 LFR Levine Fricke Construction Monitoring&Post Construction Engineering Checks-Skyline Ridge Tree Farm Restoration Project 11958 $66.71 Wright, Leslie Reimbursement-Local Business Meeting 11959 $63.91 California Water Service Company Water Service-Rental Residences 11960 $57.94 McKowan, Paul Reimbursement-Volunteer Recognition Event Supplies 11961 $54.57 Mountain View Garden Center Drain Rock-Deer Hollow Farm 11962 $48.00 American Red Cross Emergency Response&First Aid Certifications 11963 $45.82 Robert's Hardware Field Supplies 11964 $43.00 Allen's Press Clipping Bureau Clipping Service 11965 $38.30 *1 First National Bank Volunteer Expenses-Name Badges 11966 $37.50 Baillie,Gordon Reimbursement-Park Rangers'Association Of California Membership Expense 11967 $30.00 *1 First National Bank Membership Dues-Geocaching Membership 11968 $25.25 Rayne Of San Jose Water Conditioning Service-Ranger Residence 11969 $22.00 Half Moon Bay Review Three Month Subscription 11970 $17.47 Fed Ex Shipping Charges 11971 $17.23 United Parcel Service Parcel Shipping 11972 $14.07 Los Altos Hardware Field Supplies 11973 $11.93 Emergency Vehicle Solutions Patrol Truck Light Repair 11974 $4.36 CSK Auto Upholstery Cleaner Total $65,580.38 *1 Urgent Check Issued 1/7/10 The total amount for First National Bank is$17,224.78 *2 Urgent Check Issued 1/11/10 *3 Urgent Check Issued 1/15/10 Page 2 of 2 A t Claims No. 10-02 Meeting 10-03 Date 1/27110 Revised Midpeninsula Regional Open Space District # Amount Name Description j11900 $5,659.86 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 11901 $5,485.00 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 11902 $4,768.40 The Bank Of New York Mellon Note Paying Agent Fees-Debt Service 11903 $3,943.41 *1 First National Bank Office Supplies-Corner Desk With Keyboard Tray/Headsets/ Four Conference Phones 11904 $3,803.41 *1 First National Bank Conferences&Training Expenses-Specialized Leadership Training/Emergency Traction Splint Training/Tech Conference 11905 $3,801.12 *1 First National Bank Field Supplies/Medical Bags/Box Cutter/Magnetic Sweeper/ Water Level Meter/Five Friction Plates For Trail Dozer 11906 $2,954.01 Sol's Mobile Service Vehicle Repairs&Service 11907 $2,932.61 *2 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program District 11908 $2,400.43 *1 First National Bank Holiday Luncheon Expenses 11909 $2,238.75 Concern Employee Assistance Program Quarterly Fee 11910 $2,234.74 Inside Source Office Furniture For Operations Department 11911 $1,855.81 West Payment Center Legal Research Fees/2010 California Annotated Code Updates 11912 $1,642.08 Accountemps Accounting Temp 11913 $1,480.52 Monster Mechanical HVAC Repairs-AO 11914 $1,444.52 CMK Automotive Vehicle Maintenance&Repairs 11915 $1,267.50 Normal Data Consulting Services-Contact&Volunteer Database Development 11916 $1,079.32 Wright, Elizabeth Reimbursement-Mileage&Ranger Academy Expenses 11917 $997.45 *1 First National Bank Business Related Meals-Board Meetings/Operations Meeting/ Strategic Plan Meetings/Managers Retreat/Administration Department Lunch 11918 $982.76 Direct Marketing Solutions Mail House Services 11919 $900.00 *3 Curtis Turner Restroom Repairs-Rental Residence 11920 $888.31 *1 First National Bank Advertising/Subscription/Books-Ad For Project Manager For Mt. Umunhum/Dish Network/Harvard Business Review/Survey Monkey Monthly Subscription 11921 $877.51 Del Woods Consulting Services-Land Purchase Projects 11922 $813.89 *1 First National Bank Computer Expenses- FFO Internet/PDF Converter/Battery Charger/Software For Google Earth Pro 11923 $721.23 Los Altos Garbage Company Garbage Service-Frontloader/Recycling-FFO 11924 $674.20 San Jose Water Company Water Service-RSA County Park 11925 $615.87 Neofunds By Neopost Postage 11926 $599.94 Hsieh,Benny Reimbursement- Computer Server Hard Drives 11927 $546.58 Redwood General Tire Company Two Tires And Alignment For Maintenance Truck 11928 $528.18 Life Assist First Aid Supplies 11929 $524.40 Summit Uniforms Uniform Expenses 11930 $425.19 Staples Office Supplies, Breakroom Supplies&Shredder Oil 11931 $400.00 County Of San Mateo Human Excel Training/Leadership Training Resources Department 11932 $400.00 Santa Clara County/Cities Managers' Membership Dues&Meeting Expenses Association 11933 $350.50 *1 First National Bank Nature Center Supplies-Veterinary Services For Snickers 11934 $340.00 Roessler,Cindy Reimbursement-Mileage&Conference Expense 11935 $331.00 Del Rey Building Maintenance Janitorial Supplies-AO 11936 $305.90 Neopost Postage-Rates Update 11937 $305.68 Madco Welding Torch Regulator Repair 11938 $299.15 Rich Voss Trucking Rock Delivery-FFO Stock&Permit Lot 11939 $297.92 Northern Energy Propane-FFO 11940 $288.00 Cupertino Medical Group Employee Medical Services 11941 $264.96 Safety Kleen Solvent Tank Service-SFO Page t of 3 Claims No. 10-02 Meeting 10-03 Date 1/27/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 11942 $249.88 Turf&Industrial Equipment Company Oil&Filters For Tractor 11943 $237.08 ADT Security Services Alarm Service-SFO 11944 $193.97 Pringle Tractor Company Tractor Supplies-Filters 11945 $178.73 Green Waste Garbage Service-SFO 11946 $166.73 Pine Cone Lumber Replacement Split Rail For Jacques Ridge Parking Lot 11947 $161.47 Allied Waste Services Garbage Service-Rental Residence 11948 $157.96 *1 First National Bank Vehicle Supplies-Battery Charger For Motorcycle 11949 $152.35 Langley Hill Quarry Base Rock For SFO Storage Shed&Drain Rock For Black Mountain Water Project 11950 $140.63 R. E. Borrmann's Steel Company Square Tubing For Maintenance Truck Water Tank Frame 11951 $127,46 R&B Company Supplies For SFO Water System 11952 $114.94 Foster Brothers Lock&Key Services-Combo Lock&Padlocks 11953 $109.12 Tadco Supply Janitorial Supplies 11954 $103,56 Barron Park Supply Plumbing Supplies And Parts For Water Tank 11955 $79.95 Downing, Brendan Reimbursement-Propane Tank Rental 11956 $70.00 San Francisco Chronicle Subscription Renewal 11957 $68.38 LFR Levine Fricke Construction Monitoring&Post Construction Engineering Checks-Skyline Ridge Tree Farm Restoration Project 11958 $66.71 Wright, Leslie Reimbursement-Local Business Meeting 11959 $63.91 California Water Service Company Water Service-Rental Residences 11960 $57.94 McKowan, Paul Reimbursement-Volunteer Recognition Event Supplies 11961 $54.57 Mountain View Garden Center Drain Rock-Deer Hollow Farm 11962 $48.00 American Red Cross Emergency Response&First Aid Certifications 11963 $45.82 Robert's Hardware Field Supplies 11964 $43.00 Allen's Press Clipping Bureau Clipping Service 11965 $38.30 *1 First National Bank Volunteer Expenses-Name Badges 11966 $37.50 Baillie,Gordon Reimbursement-Park Rangers'Association Of California Membership Expense 11967 $30.00 *1 First National Bank Membership Dues-Geocaching Membership 11968 $25.25 Rayne Of San Jose Water Conditioning Service-Ranger Residence 11969 $22.00 Half Moon Bay Review Three Month Subscription 11970 $17.47 FedEx Shipping Charges 11971 $17.23 United Parcel Service Parcel Shipping 11972 $14.07 Los Altos Hardware Field Supplies 11973 $11.93 Emergency Vehicle Solutions Patrol Truck Light Repair 11974 $4.36 CSK Auto Upholstery Cleaner 11975 R $11,521.10 Macro Corporation Project Management Services-Implementation Of District's New Radio System 11976 R $4,500.00 Elkhorn Slough Foundation Hosting Of Rangeland Conservation Forum 11977 R $3,675.00 Sierra Consulting Preparation Of Pest Control Recommendations For Maintenance Spraying 11978 R $2,970.00 Macro Corporation Project Management Services-Research Additional Radio Frequency 11979 R $1,768.35 Macro Corporation Black Mountain Microwave Study For Districts New Radio System 11980 R $1,369.89 Hertz Equipment Rental Equipment Rental-Articulating Boom For SFO Garage Construction 11981 R $900.00 Phytosphere Research Consultation, Field Sampling&Monitoring Of Sudden Oak Death 11982 R $775.63 Metro Mobile Communications Radio Repairs&Batteries 11983 R $466.51 Summit Uniforms Uniform Expenses 11984 R $460.00 Green Waste Debris Box-SFO 11985 R $451.71 Topley, David Reimbursement-CAPPO Conference Expenses 11986 R $400A1 California Water Service Company Water Service-FFO Page 2 of 3 r Claims No. 10-02 Meeting 10-03 Date 1/27/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 11987 R $364.27 Danielson,Dennis Reimbursement-Uniform Expenses&District Auto Parts Supplies 11988 R $338.88 G&K Services Shop Towel Service 11989 R $281.88 Sol's Mobile Service Vehicle Repairs&Service 11990 R $176,97 Carlson,Kerry Reimbursement-Uniform Expense 11991 R $160.17 McKowan, Paul Reimbursement-Volunteer Supplies 11992 R $155.00 California Department Of Public Health Water Distribution Operator Certification Renewal 11993 R $103.68 State Board Of Equalization Die sel Fuel Taxes 11994 R $102.84 Tires On The Go Tires 11995 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 11996 R $57.09 Peterson Tractor Company Field Supplies 11997 R $17.46 CSK Proshop Vehicle Supplies Total $96,675.22 "1 Urgent Check Issued 1/7/10 The total amount for First National Bank is$17,224.78 "2 Urgent Check Issued 1/11/10 *3 Urgent Check Issued 1/15/10 Page 3 of 3 Midpeninsula Regional Open Space District R-10-21 Meeting 10-03 January 27, 2010 AGENDA ITEM 4 AGENDA ITEM Approval of Change in Staff Participation in the State Disability Insurance Program. GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution authorizing continued participation in the State Disability Insurance Program for represented, office and supervisory employees, and the request for participation by the defined management employees. SUMMARY In December 2009, Management Employees voted to participate in the SDI program and as a result a Board approved resolution is required for participation per the State of California Employment Development Department (EDD). DISCUSSION State Disability Insurance (SDI) is a mandatory program for private sector employees, but an optional program for public sector employees. Participation in SDI is an employee paid program. The SDI program does not allow for individuals to opt in or opt out, but does allow defined groups, such as management employees, to opt in or opt out. In 1990, District employees who were members of the represented employees requested participation in the SDI program. In 2002, the Office, Supervisory and Management employees voted (by majority) to participate in the program, and the Board passed the state required resolution authorizing participation for all District staff. In 2005, the management employees opted out of participation (see Report R-05- 112). In December 2009 the management employees voted by majority to again participate in the SDI program. The management employees desiring to participate in the program include the General Manager, General Counsel, Asst. General Counsel, Department Managers and Area Superintendents. The EDD administers SDI and requires the District to adopt a resolution requesting participation in the program for management employees. The attached resolution defines the groups who will e 2 ! R-10-21 Page be participating. The commencement date of participation of the management employees is mandated by EDD rules to be January 1, 2010. FISCAL IMPACT There is no fiscal impact. Participation in SDI is an employee paid program. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS Should the Board approve the change in management participation in the State Disability Insurance program, staff would submit the application and Board Resolution. Management employees would participate in SDI retroactive to January 1, 2010. Attachment: Resolution Prepared by: Sonya Morrison, Human Resources Technician Contact person: Sonya Morrison, Human Resources Technician Bunny Congdon, Acting Administration Manager RESOLUTION NO. 10-03 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING PARTICIPATION IN STATE DISABILITY INSURANCE FOR REPRESENTED EMPLOYEES, SUPERVISORY EMPLOYEES, OTHER OFFICE STAFF, AND MANAGEMENT EMPLOYEES WHEREAS, State Disability Insurance is a program available to public sector employees; and WHEREAS, the Represented Employees began participation in State Disability Insurance in 1990; and WHEREAS, the Office, Supervisory and Management employees voted, by majority, to participate in the State Disability Insurance Program in 2002; and WHEREAS, the management employees of the District, including the General Manager, General Counsel, Asst. General Counsel, Department Managers and Area Superintendents voted, by majority, to participate in the State Disability Insurance Program in 2010; and WHEREAS, participation in State Disability Insurance is, by law, an employee paid program. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: Authorizes continued participation in State Disability Insurance for the Represented Employees and the Office and Supervisory Employees and the request to participate by the above named management employees as of January 1, 2010. s f Midpeninsula Regional Open Space District P R-10-20 Meeting 10-03 January 27, 2010 AGENDA ITEM 5 AGENDA ITEM Annual Seasonal Trail Closures Informational Report. GENERAL MANAGER'S RECOMMENDATION Review and comment on proposed trail closures. SUMMARY To ensure protection of natural resources managed by the District, staff annually identifies those trails that need to be temporarily closed during and after inclement weather. The report that follows provides the rationale for temporary trail closure and lists the trails and uses subject to this action. DISCUSSION At the August 24, 1988 meeting of the District Board of Directors, the Board asked to be informed prior to proposed closures of any trail to bicycle and/or equestrian use. Closures are designated as seasonal and interim closures and are intended to ensure trail safety and minimize resource damage during winter conditions. Seasonal closure status is applied to selected trails during extremely wet conditions or during and just after new construction to limit potential resource damage, primarily between the months of December and April. Interim closure status is applied to temporarily to trails pending the application of Board-adopted trail use guidelines in the Use and Management review process. No trails are currently subject to "interim," closure status. However, the "interim" definition is retained in this annual report should it be needed in the future. To honor the Board's standing request, changes to the status of trails from the prior year's table are shown in strikeout format for deleted items and in underline format for added items. The precise extent of the closures will be determined by the weather on a case-by-case basis. However, to ensure that adequate notice is provided to the public, staff includes the full range of possible closures in the attached table. Additional information is also provided in that table. R-10-20 The General Manager intends to approve staff trail closure recommendations, contingent upon Board comments and any public input received at the January 27 1h regular meeting of the Board of Directors. FISCAL IMPACT There is no new or incremental fiscal impact associated with these trail closures. Staff time required to close and reopen the trails and reflect these changes on the District's website is already included in the Operations Department and Public Affairs Department budgets. PUBLIC NOTICE Public notice was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If approved, trails will be closed as needed to respond to changes in local weather. Attachment: Proposed Seasonal and Interim Trail Closures to Bicyclists and Equestrians Prepared by: Gordon Baillie, Management Analyst Michael Newburn, Area Superintendent David Sanguinetti, Operations Manager Brian Malone, Area Superintendent Contact person: David Sanguinetti, Operations Manager PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of"Seasonal" and "Interim" below) Preserve Trail Bicyclists E Uestrians Comments 1. Bear Creek Aldercroft Creek Trail Closed Seasonal Trail is very popular with equestrians from Bear Creek Stables,and Redwoods is highly susceptible to damage when wet. Final determination on access awaiting completion of master planning process. 2. Long Ridge Achistaca* Closed Seasonal Trail not open to bicyclists. Soil type cot*du,-,avt c�ftd-tw ve4o PtH* sibleprone to damap-e from equestrians if used during wet weather. Peters Creek Trail Seasonal Seasonal Very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following heavy rainfall. Ridge Trail—Chestnut Seasonal Seasonal Orchard to Peters Creek Same conditions as above. Trail 3. El Corte de Methuselah—CM08 to Fir Seasonal Seasonal Trail is highly susceptible to damage during extended periods of rain. Madera trail Seasonal Seasonal Trail is highly susceptible to damage during extended periods of rain. Leaf Trail Seflso"I Seasonal Virginia Rini Seasonal Seasonal Trail was identified in the geological survey report as being a source Giant Salamander of sedimentation. Trail will be monitored during first winter it's open following construction to see if it should be closed to bikes and horses when wet. 44-ail-" lh"V44 Sea*owm Season 4 tlow+ g *&301* for reahi;.— F! Corte de Madera Creek Tfail-'= fefl4mienment-eo '14o-settle: 4. Fremont Toyon Trail Seasonal Seasonal Very popular with equestrians from Garrod Stables and mountain Older bicyclists. Tread can get very muddy during wet conditions. *=New closures SEASONAL CLOSURE: Closed during extremely wet conditions or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily pending the application of Board-adopted trail use guidelines in the use and management review process. CLOSED: Closed permanently as a result of Board action R-10-20 Page-t Preserve Trail Bicyclists Equestrians Comments 5. Monte Bello Skid Road Trail to Canyon Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded Trail (Lower Nature Trail) canyon environment can prevent the tread from drying through the winter season. Alternate route available. White Oak Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates (Permit lot to Skid Road closures during and immediately following heavy rainfall. Trail) 6. Purisima Whittemore Gulch Seasonal Seasonal Narrow,winding,seasonally wet trail, highly susceptible to damage. Creek This trail is normally closed for the winter. Alternate route Redwoods available. Tr-f;i{-rcy3tti+s-f :to�-tus-c�nq t+=ai1 needs first year to settle. Open Open T-.-r�ci-hsi,-,acttl �rit11-E�Hsttre-+s�iH-IHH -ili1'1.'-esstlFV: 7_Saratoga Saratoga Gap Trail Seasonal Seasonal Generally wet conditions during the winter. Damage can occur if Gap oflen. Would only be closed in extreme conditions Trail will be monitored Burin« first winter it's open follow in-, 8. Thornewoo ClosedSeti d Bridle Trail* � Seasonal construction to see if it should be closed to horses when wet. Ckrsetl--te — �t11E►�fog-t}u +t +>-t}+�f!-t{r-ftllc�ih��r-�t+l-�+��ettlt: i�9.Windy Hill Razorback Ridge Trail Closed Seasonal Constructed to average three-foot width. Staff anticipates closures during and immediately following heavy rainfall. There has been ongoing tread damage to this trail,due to use. Betsy Crowder Trail Closed Seasonal Generally wet conditions during the winter. Damage can occur if open. Lost Trail Closed Seasonal Trail suffers severe impacts when wet. There is limited horse use on the trail, but the use that is present can have a significant impact. Hamm's Gulch Trail Closed Seasonal Same conditions as above. *=New closures SEASONAL CLOSURE: Closed during extremely wet conditions or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily pending the application of hoard-adopted trail use guidelines in the use and management review process. CLOSED: Closed permanently as a result of Board action � Mid peninsula Regional Open Space District R-10-19 Meeting 10-03 January 27, 2010 AGENDA ITEM 6 AGENDA ITEM Approval of the Five Star/Nature Restoration Trust Restoration Program (Five Star/NRT) Grant Application for the Pond DR06 Repair Project located within the Driscoll Ranch area of La Honda Creek Open Space Preserve. GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving a grant application for funds from the Five Star/NRT Restoration Program for implementation of the Pond DR06 Repair Project. SUMMARY Pond DR06 is located within the former Wool Ranch in the Driscoll Ranch area of La Honda Creek Open Space Preserve. In February of 2009, staff observed active piping of water flowing through the pond berm causing damage to the earthen berm and implemented an emergency interim repair in late 2009. To proceed with a long-term repair solution, District staff has retained the services of a professional engineer to prepare repair plans and is now working to secure necessary permits. The proposed repairs include: a new culvert, an inlet structure and energy dissipater, a clay liner, rebuilding the eroding earthen berm, recontouring the pond, removing non-native vegetation, and post-construction reseeding. The District is pursuing a $40,000 grant (the maximum allowable) from the Five-Star/NRT Restoration Grant Program to help offset the construction costs for the project. This is in addition to a $43,000 grant request submitted to the California State Department of Parks and Recreation Habitat Conservation Fund (HCF) in September, 2009. Of the $121,000 total project budget, $86,000 is eligible for grant funding. The two grant requests, including the one that is the subject of this memorandum, total $83,000. The District will be notified by May 2010 if the HCF grant funds will be awarded. Application to the two funding sources is not exclusive and would not affect eligibility for either grant. Both grants are qualified to provide matching funding for one another. DISCUSSION The Five Star/NRT grant program is provided by the National Association of Counties, the National Fish and Wildlife Foundation, the Wildlife Habitat Council, in cooperation with the R-10-19 Page 2 U.S. Environmental Protection Agency (EPA), and corporate partners, including Southern Company and Pacific Gas and Electric Company. The Five-Star/NRT Restoration Program provides modest financial assistance on a competitive basis to support community-based wetland, riparian and coastal habitat restoration projects that build diverse partnerships and foster local natural resource stewardship through education, outreach and training activities. The application deadline is February 11, 2010; grant awards will be announced in May 2010. District staff has prepared an application for $40,000 (the maximum amount allowed by the program) to help fund implementation of the Pond DR06 Repair Project, which is expected to cost $86,000. This represents approximately 50% of the total implementation cost. Costs incurred to date and those incurred prior to award of the grant are not eligible for grant funding. Remaining project tasks eligible for grant fiends include: contract administration, materials, construction, and monitoring. Project construction tasks include: • New outlet culvert to replace the existing earthen spillway; • An energy dissipater at the end of the new outlet culvert; • An inlet structure within the pond to direct storm water into the outlet culvert; • A concrete footing at the existing earthen spillway to direct overflow storm water during I'arge storm events; • A clay liner in the pond to increase ponding duration; • Rebuilding the eroded earthen berm to provide long-term berm stability; • Pond recontouring to provide improved breeding habitat for California red-legged frog by creating shallow-water habitat beneficial for egg and tadpole development and deep water habitat as escape areas for mature frogs; • Removal of non-native vegetation; and • Re-vegetation of disturbed areas with native species after construction. A Board resolution approving the application for grant funds from the Five Star/NRT Program is required prior to submittal of the grant application. As of the date of this Board report, staff has completed the remaining items of the grant application packet for the February 11, 2010 deadline. FISCAL IMPACT project is estimated at $121 000 of which $86,000 is eligible for grant-funding, Total cost for this g p J administration, construction restoration and monitoring. To date, including: contract admims � g $18,865.50 has been spent out of the $35,000 budgeted in FY2009-10 to pay for fees associated with geotechnical investigations, preliminary project design, interim pond repair, and project permitting. Staff expects to spend approximately $16,000 in the remainder of FY2009-10. An additional $86,000 will be needed to implement the pond repair project during FY2010-11.The two grant requests described in this memorandum total $83,000. If only the Five Star/NRT funds are secured, the remaining District share of grant eligible costs will be $46,000. If both Five Star/NRT and HCF grant funds are secured, the District's share of grant eligible costs will be reduced to $3,000. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. R-10-19 Page 3 CEQA COMPLIANCE Project Description The project consists of a grant application submittal to the Five Star/NRT Grant Program for a matching grant to help fund implementation of the Pond DR06 Repair Project at La Honda Creek Open Space Preserve. No CEQA documentation is required to apply for Five Star/NRT grant funds. The Mitigated Negative Declaration and Mitigation Monitoring Program required for Pond DR06 implementation was previously approved by the Board on September 23, 2009. NEXT STEPS Should the Board approve the Five Star/NRT grant application, staff would submit the grant application and Board Resolution by February 11, 2010. Staff anticipates returning to the Board for award of contract to implement the Pond DR06 Repair Project in May 2010. Attachments: Al. Resolution of the Board of Directors Approving the Application for Grant Funding from the Five Star/NRT Grant Program. A2. Pond DR06 Location Map Prepared by: Julie K. Andersen, Resource Planner I Contact person: Julie K. Andersen Resource Planner I Kirk Lenington, Senior Resource Planner L RESOLUTION NO. 10-04 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE FIVE STAR RESTORATION PROGRAM AND THE NATURE RESTORATION TRUST GRANT PROGRAM WHEREAS, the Five Star Restoration Program (Five Star) and the Nature Restoration Trust (NRT) seeks to develop community capacity to sustain local natural resources for future generations by providing modest financial assistance to diverse local partnerships for wetland, riparian, and coastal habitat restoration; and WHEREAS, the National Association of Counties, the National Fish and Wildlife Foundation (NFWF), the Wildlife Habitat Council (WHC), in cooperation with the U.S. Environmental Protection Agency (EPA), Southern Company, and Pacific Gas and Electric Company (PG&E) is soliciting applications for the Five Star/NRT Restoration Program; and WHEREAS, said procedures established by the Five Star/NRT Restoration Program require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the Program; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application to the Five Star/NRT Restoration Program; and 2. Certifies that said Applicant has or will have available, prior to commencement of any work on the Project included in this Application, the required match and sufficient funds to complete the Project; and 3. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 4. Delegates the authority to the General Manager to conduct all negotiations, execute and submit all documents, including, but not limited to, Applications, agreements, , payment requests, and so on, which may be necessary for the completion of the Project. 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. i �. Dieraszi f, t tr. yy r/ , a fIL -UR~ OR 08 1 D R1 ' nR a 'F - . e n Corte de forawr Wool ;I. Rarwh Area Li Hoada Creek OSP �+ Attachment 2. Pond DR06 Location Map Midpeninsula Regional Open Space District R-10-17 Meeting 10-03 January 27, 2010 AGENDA ITEM 7 AGENDA ITEM Appointment of Elizabeth Wright as Peace Officer. GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District appointing Elizabeth Wright as a Peace Officer. SUMMARY Elizabeth Wright has successfully completed the curriculum for the Santa Rosa Junior College Public Safety Training Center—Ranger Law Enforcement Academy and, in doing so, now meets all of the requirements for appointment as a District Peace Officer. Adoption of the attached resolution is required to complete the process of becoming a District Peace Officer. DISCUSSION 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) (A person 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 addition, starting with this Board Meeting, the Operations Department Manager will orally administer the written oath that all District Rangers sign as a swearing in before the Board of Directors. FISCAL IMPACT There is no new fiscal impact associated with this action. All costs associated with this action are already included in the FY2009-10 District budget. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. R-10-17 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 Once appointed, the ranger listed above will continue with her current training schedule. After her training is completed in March, 2010, she will assume the full spectrum of ranger duties. Attachment: Resolution Prepared by: Leslie Wright, Administrative Assistant Gordon Baillie, Management Analyst Contact person: David T. Sanguinetti, Operations Manager )f RESOLUTION NO. 10-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those city, county, and state regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Elizabeth Wright r Midpeninsula Regional Open Space District R-10-06 Meeting 10-03 January 27, 2010 AGENDA ITEM 8 AGENDA ITEM Proposal to Discontinue the Dog Permit System at Long Ridge Open Space Preserve. GENERAL MANAGER'S RECOMMENDATION Discontin ue the trial Dog Permit System at Long Ridge Open Space Preserve and continue to allow dog access in the designated dog access area. SUMMARY The District implemented a self-administered permit system for dog access in the Long Ridge Open Space Preserve in September, 1999. The purpose of the permit system was to educate the public about the rules regarding dog access and to determine the level of use in the dog access area. Since implementation of the Dog Permit System, staff has observed minimal benefit from the program and recommends the resources and staff time used to support the program be allocated to other projects and activities. To achieve this, staff would discontinue the permit system without changing the areas where dogs are allowed or conditions under which they are allowed in the preserve. DISCUSSION Background At the May 12, 1999 meeting of the Board of Directors, the Board approved the adoption of a Use and Management Plan Amendment for Long Ridge Open Space Preserve that allowed leashed dogs in a 13 acre area of the preserve, including a test-case permit system (see report R- 99-66). On-leash dog access to the preserve was approved in response to requests from neighbors to keep a portion of the Preserve open to dogs. However, some Board members expressed a concern that dog use might expand from the designated area and spill over into the rest of the preserve where dogs have always been prohibited. To accommodate the request from dog owners, the Board directed staff to develop a permit program that reinforced the limitations on dog use within the preserve. In the Board report on this subject, it was noted that the permit program would be reviewed by comparing dog use compliance in Long Ridge Open Space R-10-06 Page 2 Preserve after one year. In addition it was stated that consideration would be given to discontinue the permit system should it prove to be ineffective or unnecessary. Following Board approval, the permit system was implemented on September 11, 1999 and in January of 2000, a staff-level decision was made to extend the system through the calendar year to measure its effectiveness. The criteria used to measure the effectiveness of the program are: 1. The number of permits issued; 2. The response to the program by preserve visitors, based upon Ranger discussions with visitors in the field; and 3. The amount of time, and cost, required to administer the permit system. Due to other priorities, the program was not brought back to the Board for review after the initial year as originally intended and was continued for eight additional years. During that period of time staff has come to the conclusion that the permit system provides limited usefulness in educating users about District Regulations. In practice, few dog-owning visitors take the time to comply with filling out the permits. Use Statistics Since the permits were first issued in September of 2000, there have been a total of 68 dog related contacts by rangers, resulting in 37 citations and 31 written warnings. However, these figures are for the whole preserve, not just the permit area. Of the total number of violations, 47 have been for dogs prohibited, i.e. for dogs outside of the permit area. No citations or written warnings were issued for failure to obtain a permit, however verbal warnings were issued. A total of 1,081 permits were issued since the program's inception. The permits were self administered and valid for six-months. The median number of permits per year was 104. However, the accuracy of the level of use estimates is unreliable as many dog users fail to take the time to fill out the permit. Staff feels that the dog access area is adequately signed and that the desired pattern of use is now well established, making the permit system moot. Staff time and resources dedicated to this program would be better directed to additional patrol rather than the administrative tasks and costs needed to maintain the permit system. FISCAL IMPACT Minor savings in printing costs will be achieved, since the current permits are multi-part forms which are published by an outside vendor. PUBLIC NOTICE Public notice was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. This is a procedural action only and will have no effect on the level or nature of dog access at Long Ridge Open Space Preserve. R-10-06 Page 3 NEXT STEPS If the Board approves the General Manager's recommendation, the self-service permit kiosk will be removed, and a notice will be placed on the District's website announcing the cancellation of the system, effective Monday, February 1, 2010, and reassuring the public that leashed dog access is still allowed within the signed area in the same manner as it was under the permit system. Prepared by: Gordon Baillie, Management Analyst - Operations Contact person: Same i i I I I Midpeninsula Regional • ' Open Space District R-10-22 Meeting 10-03 January 27, 2010 AGENDA ITEM 9 AGENDA ITEM Approval of an Amendment to the Contract with Northgate Environmental Management, Inc., in the Amount of$150,000 to Provide Environmental Services to Support Site Cleanup Activities at the former Almaden Air Force Station and Determination that the Recommended Actions are Exempt from the California Environmental Quality Act. GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Amend the contract with Northgate Environmental Management, Inc. for an additional 150,000, for a total amount not to exceed $205,000, to provide environmental services to support site cleanupactivities at the former Almaden Air Force Station in the Mount 0 Umunhum area of Sierra Azul Open Space Preserve. SUMMARY The District has been contracting with Northgate Environmental, Inc. (Northgate) for remediation oversight services to review the US Army Corps of Engineers' (Corps) work at the former Almaden Air Force Station (Almaden AFS) since 2008. Because of the rapid timeline for the Almaden AFS remediation project and the need to carefully and efficiently utilize the available federal funding, staff is recommending an amendment to Northgate's existing contract to continue and expand the environmental services being provided. Under this contract amendment, Northgate will: (1) continue to provide technical assistance in support of District oversight of work performed by the Corps and will coordinate directly with the District's Mt. Umunhum Project Manager once that position is filled; (2) provide technical assistance to plan for a project kickoff event; and (3) provide structural, historic, and site stability studies in support of the District's site planning efforts. DISCUSSION History In 1986, the District acquired the former (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mt. Thayer (see Report 86-20) with the intent to restore the area to a natural condition and provide public access. At 3,486-feet, Mount Umunhum is the second R-10-22 Page 2 tallest peak in the Santa Cruz Mountains and offers spectacular panoramic vistas from Monterey Bay to San Francisco and beyond. As part of the purchase, the federal government agreed to clean up all containerized, surface, and above-ground toxic substances. After the District took ownership of the property, the Corps began to investigate suspected contaminants and removed a number of underground fuel tanks and electrical transformers as a part of the agreed upon cleanup process performed under the FUDS (Formerly Used Defense Sites) Program. Unfortunately, contaminated soils remain on the site due to the inherent limitations of work that can be performed under the FUDS Program. As a result, the District has been prevented from opening the area to the public. For several years, the District has worked with community, state, and congressional leaders to obtain federal funding to address those major remediation tasks that are beyond the scope of the FUDS Program. Once the remediation is completed, the District will proceed with implementing site improvements and open the area to public recreational use. In December, 2009 Congress appropriated $3.2 million for the cleanup of Mt. Umunhum. Northgate Environmental Scope of Services The District has been contracting with Northgate Environmental, Inc. (Northgate) for remediation oversight services to review the Corps' work at the former Almaden AFS since 2008 (see Report 09-50). Additionally, Northgate has provided the District with conceptual design and cost estimates for the total cleanup and proposed future use of the site as a visitor destination point. These estimates served as the basis for the District's appropriation request to the Federal Government. Because of the rapid timeline anticipated for the Almaden AFS remediation project and the need to carefully and efficiently utilize the available federal funding, staff is recommending amending Northgate's existing contract to continue and expand the environmental services being provided. In addition to ongoing technical assistance relating to the work performed by the Corps, Northgate will also provide technical assistance to plan for a project kickoff event to be held in the spring of this year. Additionally, Northgate will provide structural, historic, and site stability studies in support of the District's site planning efforts and subsequent environmental review process that will lead to a Site Specific Plan for the former Almaden AFS, which the Board will review and consider during the late summer of 2010. The Mt Umunhum Project Manager will assume management of the Northgate contract once this position is filled. Northgate will continue to provide technical assistance to the District's Project Manager to ensure successful oversight of the work performed by the Corps and to allow the District to complete the necessary planning, permitting, and CEQA/NEPA components of this project. FISCAL IMPACT The Planning Department's budget for FY201 0-11 includes $120,000 for the Mt Umunhum Site Planning and an additional $180,000 for the Mt. Umunhum Remediation and Restoration, both of which will be included as Key Projects in the FY20 10-11 Action Plan that will be presented before the Board in February. A portion of the services authorized under this contract amendment will fall within FY2009-1 0. Funds are available through the Sierra Azul/Bear Creek Redwoods Master Plan budget to cover the anticipated expenses for this contract amendment during the remainder of this fiscal year. R-10-22 Page 3 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This project consists of planning services to address remedial investigations and future potential cleanup actions at the former Almaden AFS located within the Mount Umunhum area of Sierra Azul Open Space Preserve. i The District concludes that the actions authorized under this contract will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under sections 15306 and 15330 of the CEQA Guidelines as follows: Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource. This project falls under Section 15306 because the contaminant investigations will involve only basic data collection and minimal disturbance to previously disturbed areas and will not impact an environmental resource. Section 15330 exempts certain actions to prevent, minimize, stabilize, mitigate, or eliminate the release or threat or release of hazardous waste or substances. This project falls under Section 15330 because it consists of planning and assessment work with the ultimate objective of removal and site cleanup to minimize the potential for hazardous chemicals at the site. Future remediation actions, including abatement and demolition of structures, will be subject to further Board approval as well as CEQA and National Environmental Policy Act (NEPA) review. These recommended actions will be presented to the Board of Directors at a later time as part of Site Specific Plans for the former Almaden AFS. NEXT STEPS If approved by the Board, staff will amend the original contract with Northgate Environmental Management, Inc. to continue providing technical assistance relating to the work performed by the Corps, to provide technical assistance to plan for a project kickoff event and to provide structural, historic, and site stability studies to support the District's site planning efforts and the environmental review process for future recreational use and restoration of the former Almaden AFS. Prepared by: Kirk Lenington, Senior Resource Planner Contact person: Same as Above x Midpeninsula Regional • ' Open Space District R-10-24 Meeting 10-03 January 27, 2010 AGENDA ITEM 10 AGENDA ITEM Consideration of Amendments to the District's Policy for Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing of Services and Supplies. GENERAL MANAGER'S RECOMMENDATION Adopt the attached amendments to the District's Public Contract Bidding, an p g, Vendor o d Professional Consultant Selection, and Purchasing Policy. SUMMARY The District's Purchasing Policy required revisions to comply with state law and to improve the District's efficiency in carrying out normal business functions by enabling staff to have the purchasing authority they need to effectively carry out their job duties, consistent with Board policy. Revisions to this Policy to accomplish these goals were approved by the Board at its meeting of December 16, 2009. The Board directed staff to investigate the propriety of. increasing purchasing levels for which multiple price quotes would not be mandatory due to the increase in prices of typical District purchases, since the original policy was adopted nearly twenty years ago. The proposed revisions increase purchasing levels to an appropriate level and retain fiscal controls to insure that District funds are spent in a cost-conscious manner. DISCUSSION In July, 2002, the Board adopted the District's "Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy." (See R-02-94). This Policy updated a previous administrative policy adopted in 1991 setting price levels for which three price quotes would be required. In both policies, purchases of goods and services exceeding $1,000 required a minimum of three documented verbal quotes. At its meeting of December 16, 2009, the Board adopted amendments to this Policy to enable the General Manager to more effectively delegate purchasing authority to designated District positions in order to accomplish their job duties, and to make necessary changes to conform to state law regarding professional consultant selection. R-10-24 Page 2 At that time, the Board directed staff to assess appropriate purchasing and contracting levels for which multiple price quotes would not be required due to the increase in prices since adoption of the original purchasing authority levels. (See Report R-09-118). The purpose of the Policy is to ensure that the District obtains quality services, supplies, and labor at the lowest cost consistent with law and to provide a uniform procurement method. The General Manager subsequently issued a more detailed Administrative Purchasing Policy in order for staff to implement the Board's Policy. This includes more administrative details, such as proper documentation of purchasing, proper use of purchase order forms, and the like. Purchasing Authority Levels Section I. C. of the Board Policy authorizes the General Manager to delegate purchasing authority to designated District positions in order to accomplish their job duties. Section 11 of the Policy establishes the current expenditure levels for which multiple price quotes are required. The current Policy requires three verbal quotes for expenditures in amounts from $1,000 to $10,000. Expenditures from $10,000 to $25,000 require three written quotes. By statute, expenditures exceeding $25,000 require Board approval. With the passage of time and the increase in costs for public works projects and supplies and services, the Board directed staff to assess what increased purchasing levels would be appropriate for District staff to carry out its duties more efficiently. The District's Support Services Supervisor recently requested information on expenditure limits used in other California agencies for purchases not requiring multiple price quotes. The California Association of Public Purchasing Officers provided the following examples. While the responding agencies differ in size and function, this information supports an increase in the current $1,000 expenditure level: Multiple quotes not required Number of agencies Agency Names Under$1000 1 MROSD Under$1500 1 County of Santa Cruz Under$2000 2 SF City College City of Santa Clarita Under$2500 2 City of Redding County of Fresno Under$3000 2 Orange County DA City of San Leandro Under$5000 2 City of Moreno Valley County of Stanislaus Under$10,000 2 City of Torrance South Tahoe PUD Under$25, 000 2 Metropolitan Water District Citv of Merced The General Manager met with the Department Managers to discuss what expenditure levels would best assist them in carrying out their duties based on their purchasing experience and still maintain an effective level of budgetary control. Given the survey information and Manager input, the General Manager recommends the Policy be amended as follows: R-10-24 Page 3 Expenditures not exceeding $3,000 would not require multiple quotes. Expenditures from $3,000 to $5,000 would require staff to request at least two verbal quotes. Expenditures from $5,000 to $10,000 would require staff to request at least three verbal quotes. Expenditures from $1.0,000 to $25,000 would remain unchanged and require staff to request three written quotes. In all, purchasing staff will be required to obtain services, supplies and labor at competitive prices so that public funds are spent responsibly. Verbal and written quotes will be documented in writing. Two other clarifying amendments are recommended. First, it is recommended that the Policy I clarify that General Manager delegated authority for purchasing includes the authority to sign contracts and purchase orders necessary to purchase the services or supplies in question. It is also recommended that Section III.D. regarding selection of consultants for professional services be clarified to state that, once a consultant has been determined to be qualified via the Request for Proposals selection process set out in the Policy, staff may maintain files of such qualified consultants for a two-year period. During that period, such consultants may be retained without repetition of the RFP process. This is already authorized in Section D.4. for services not exceeding $10,000. Using the same process for all consultants will result in the same efficiencies. Staff will always consider cost of service in the final decision to retain a qualified consultant. FISCAL IMPACT These revisions are not anticipated to have a fiscal impact as they are procedural changes. The General Manager has stressed the importance of maintaining effective budgetary controls regardless of changes in purchasing authorities. PUBLIC NOTICE Notice was provided as required by the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS If approved, the revised Board Policy will be implemented. The General Manager will issue an updated delegation of purchasing authority consistent with the Policy. Attachment: Revised Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy Prepared by: Sue Schectman, General Counsel Contact Person: Sue Schectman, General Counsel MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PUBLIC CONTRACT BIDDING, VENDOR AND PROFESSIONAL CONSULTANT SELECTION, AND PURCHASING POLICY Adopted July 24, 2002 Revised December 16, 2009 January 27, 2010 Purpose Statement: The purpose of this policy is to ensure that the District obtains quality services, supplies, material and labor at the lowest possible cost, and to provide a uniform method for procurement of services and supplies. In addition, through proper documentation, conformance to this Policy will enable the District's constituents to know that their public funds are being spent responsibly, and potential vendors and contractors to know that they are being treated equitably. I. PURCHASING AUTHORITY There are three levels of authority for purchases: Board Approval, General Manager Approval and General Manager Delegated Approval. The maximum purchasing authority amounts refer to the total price of an order, including tax and/or shipping, which may include more than one item and also includes change orders and contract amendments. As used in this Policy, the term "purchasing" refers collectively to contracting or procurement of services, supplies, material or labor, including Capital Improvements. A. Board Approval for Purchases In Excess of$25,000 If the cost for furnishing services, supplies, materials, labor, or other valuable consideration to the District will exceed Twenty-Five Thousand Dollars ($25,000), approval from the Board of Directors is required prior to entering into the contract. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct a building, structure, or improvement using District personnel. 1. Signature Contracts which have been approved by the Board shall be signed by the General Manager, or in the General Manager's absence, the Acting General Manager, unless the Board has directed that the President sign on behalf of the District. The District Clerk shall sign all such contracts and affix the seal of the District. B. General Manager Approval for Purchases Not Exceeding $25,000 I I I I I I C ( orflr,Ic I Pursuant to Public Resources Code 5549, the General Manager may obtain bids without advertisement or published notice inviting bids and may authorize and execute contracts for payment for services, supplies, material, labor, or other valuable consideration for any purpose, including the new construction of any building, structure, or improvement, in an amount not exceeding $25,000, Such expenditures shall be reported to the Board of Directors at its next regular meeting, and may be reported on the Board's Claims List. 1. Administrative Purchasing Policy/Procedure The General Manager shall issue an Administrative Purchasing Policy/Procedure, which provides appropriate guidance to staff to ensure that all District purchases are made in accordance with this Policy and required documentation procedures are followed. C. General Manager Delegated Approval for Purchases Not Exceeding $15,000 1. The Assistant General Manager may be authorized, in writing, by the General Manager to approve purchases not to exceed $15,000. When acting as the General Manager, in his/her absence, the Assistant General Manager and Department Managers may be delegated the General Manager's authority of$25,000. 2. The Department Managers may be authorized, in writing, by the General Manager, to approve purchases relating to his/her area of responsibility not to exceed $10,000. 3. The General Counsel, Assistant General Counsel, and Area Superintendents may be authorized, in writing, by the General Manager to approve purchases not to exceed $5,000. The General Manager shall issue written delegation of purchasing authority to those job classifications whose duties include making purchases within his or her area of responsibility. Purchasing authority limits shall be consistent with this Policy. Such written delegation of purchasing authority shall include the authority to execute contracts, purchase orders, and other documents necessary to approve a purchase within the employee's purchasing authority. D. Construction Change Orders Staff may issue change orders to a construction contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent (15%) of the original contract price, and does not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. 11. SOLICITATION OF BIDS A. Solicitation of Formal Advertised Bids for Expenditures Exceeding $25,000 When any expenditure is expected to exceed $25,000, the District shall publish a notice inviting bids a minimum of one week prior to the time of receiving bids, in a general circulation newspaper published in the District. This type of formal bidding process typically includes the Page 2 I'E)I.IC`ti`. lltihlic Contract lil'(K,1111. issuance of written plans or specifications describing the goods or services to be provided and the receipt of written bids from the vendors involved. Solicitation of formal bids from a minimum of three vendors is required. Following Board approval, the contract shall then be executed by the General Manager(or the Acting General Manager in his/her absence,), unless the Board President's signature is required. The Contract shall be awarded to the lowest responsible, responsive bidder, except as otherwise provided in this Policy. B. Solicitation of Three Written Bids for Expenditures Exceeding $10,000 but Not Exceeding$25,000 When any expenditure is expected to exceed $10,000, but not exceed $25,000, the District shall solicit written proposals from a minimum of three (3) vendors. The General Manager, Assistant General Manager, or Acting General Manager's approval of the contract or purchase order is required as applicable under this Policy. C. Solicitation of Three Verbal Quotes for Expenditures Exceeding $5,000 but Not Exceeding $10,000 n n When any expenditure ture is expected to exceed $5,000, but not exceed $10,000, the staff member responsible for the purchase is to solicit a minimum of three (3) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. D. Solicitation of Two Verbal Quotes for Expenditures Exceeding $3,000, but Not Exceeding $5,000 When any expenditure is expected to exceed $3,000, but not exceed $5,000, the staff member responsible for the purchase is to solicit a minimum of two (2) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. E. Expenditures Not Exceeding $3,000 Staff members shall obtain competitive cost information, whenever reasonably feasible, for any District purchase even though formal cost quotations are not required for goods or services costing $3,000 or less. III. EXCEPTIONS TO STANDARD PURCHASING PROCEDURES A. Emergency Conditions An emergency is defined as a breakdown in machinery or equipment resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to, threatened damage to natural resources. In the case of an emergency requiring an immediate purchase, the General Manager may authorize the Assistant General Manager or Department Manager or his/her designee to secure in the open market, at the lowest obtainable price, any services, supplies, material or labor required to respond to the emergency, regardless of Page 3 the amount of the expenditure. The General Manager shall, as soon as possible, provide a full written explanation of the circumstances to the Board. In the case of a disaster or for civil defense, nothing contained in this Policy shall limit the authority of the General Manager to make purchases and take such other emergency steps as are, or may be, authorized by the Board. B. Limited Availability/Sole Source Occasionally, necessary supplies, material, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a required and specific design or construction, or are specifically necessary for purposes of maintaining cost effective system consistency, so as to be available from only one source. After reasonable efforts to find alternative suppliers, the District may dispense with the requirement of competitive bids and recommend negotiating and making the purchase from the sole source. The basis for the sole source recommendation shall be documented in writing and approved, in advance, by the Board for purchases exceeding $25,000, and the General Manager or another authorized District employee, as designated in this Policy, for purchases not exceeding $25,000. C. Cooperative Purchasing The District shall have the authority to join in cooperative purchasing agreements with other public agencies, (e.g. the State of California, Santa Clara County or San Mateo County), to purchase goods or services at a price established by that agency through a competitive bidding process. The General Manager, or Assistant General Manager in his/her absence, may authorize and execute such cooperative purchasing agreements. 1. Purchases Exceeding $25,000 The formal competitive bidding procedures of Section II.A. for purchases exceeding $25,000 are not required when the other public agency has secured a price through a formal, advertised competitive bidding process. Board approval is required prior to purchase. 2. Purchases Not Exceeding $25,000 The bidding procedures of Section 11. B. for purchases not exceeding $25,000 are not required when the other public agency has secured a price through a competitive bidding process. Approval from the General Manager or his/her authorized designee is required prior to purchase. D. Professional Services Professional consultant services are of a technical and professional nature, and, due to the nature of the services to be provided, do not readily fall within the "low bid" competitive bidding process. In addition, State law requires that selection of professional consultants in the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consulting be made on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional Page 4 N A R'Y I)tthlic Contract kIL—..,aL7 consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable. Professional services agreements shall not be split into smaller units, nor shall contract amendments be used, for the purpose of circumvention of this Policy. As used in this Policy, "professional service agreement" shall mean and include all professional service agreements, which are part of or related to the same project or program for which the consultant is being retained, and annual service agreements to provide services on an ongoing basis in any fiscal year. This policy shall include, but not be limited to, services in the following fields: Engineering (for example, civil, acoustical, mechanical, electrical, structural, and traffic) Architecture Landscape Architecture Construction Management City and Regional Planning Economic Analysis Property Appraisals/Analysis Property Acquisition Financial Services Data Processing Services Project Management Environmental Planning and Analysis Land Surveying Legal Services Personnel Consultants/Facilitators/Coaches Recruitment Services Safety Services e Trainers 1. Selection Procedures for Professional Services in Excess of$25,000 When the cost for professional services is expected to be in excess of$25,000, the District shall prepare a Request for Qualifications (RFQ) outlining the professional's qualifications, relevant experience, staffing and support and hourly rates as a basis for negotiating a contract or a Request for Proposal (RFP) outlining the terms, conditions and specifications of the services required by the District. A minimum of three (3) qualified firms or individuals shall be invited to submit proposals. District staff will review the proposals received, will select the most qualified firms for interviews, and will rank the consultants based upon the following criteria: i. Ability of the consultants to perform the specific tasks outlined in the RFP/RFQ. ii. Qualifications of the specific individuals who will work on the project. iii. Amount and quality of time key personnel will be involved in their respective portions of the project. Page 5 II l'LchlIc t`oritrta.c.t Iiiclshi�� iv. Reasonableness of the fee requested to do the work; comparability of fee to similar services offered by other qualified consultants. V. Demonstrated record of success by the consultant on work previously performed for the District or for other public agencies or enterprises. vi. The specific method and techniques to be employed by the consultant on the project or problem. vii. Ability of the consultant to provide appropriate insurance in adequate amounts, including errors and omissions if applicable. For the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consultants, initial selection of the most qualified and competent consultants shall not include the cost criteria listed in Section III. D.1. iv of this Policy. After staff has fined the most qualified and competent consultants, this cost criteria shall be considered in determined p q 1 election of the consultant. negotiating a professional services agreement with and final s ne o g g g p 2. Selection Procedures for Professional Services in Excess of$10,000 but Not din � 000 25 Exceeding , District staff shall solicit written proposals from a minimum of three (3) qualified consultants. A formal RFP/RFQ is not required. The selection shall be based upon the criteria noted in Section III. D.1. The General Manager or his/her authorized designee may approve the selection and execute the agreement. 3. Selection Procedures for Professional Services in Excess of 52,500 but Not Exceeding $10,000 District staff shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone or letter, contact at least three (3) qualified consultants and request them to submit a proposal either orally or in writing. Oral proposals shall be memorialized in writing, pursuant to the Administrative Purchasing Policy/Procedure. The selection shall be based upon the criteria noted in Section III. D.1. The authorized Department Manager or other authorized District employee may approve the selection and execute the agreement. 4. Renewal of Contracts with Professional Consultants The District may, at its sole discretion, and after following required consultant selection procedures, enter into consultant agreements which contain provisions authorizing their extension or renewal. However, recommendations to extend or renew an existing contract with a professional consultant should include an annual written evaluation of the work performed by the consultant as well as a determination that the fees being charged are comparable to similar services offered by other consultants at the time of renewal or extension. If the total amount of the original and renewed contract in any one fiscal year does not exceed $25,000, the General Manager or his/her authorized designee may execute the agreement. If the total amount exceeds $25,000, the request must be approved by the Board. 5. Conflict of Law Page 6 r N 1_IC'Y. ('tchl+c: C oritract I3i_,,ntg7 These procedures are not applicable where superseded by local, state or federal law, where the terms of grant funding provide for the use of other consultant selection procedures, or where the District is obligated to select consultants through the use of different procedures, such as due to the requirements of an insurance or self-insurance program. 6. Special Circumstances These procedures are not applicable when three (3) qualified firms or individuals are unavailable, or if it is appropriate and in the best interest of the District under the specific circumstances of the project at issue, to limit the number of consultants solicited. The basis for such action shall be documented in writing and approved by the General Manager, the Assistant General Manager, or the Acting General Manager in his/her absence. When Board approval is required, the documented basis for such action shall be included in the report to the Board. 7. Preq ualified Consultant File When, after District staff has undertaken the selection procedures as set out in this Policy and determined that a consultant is qualified and competent in the performance of the professional services in the consultant's category, District staff may maintain a current file of such consultants in their appropriate categories. For a period of two (2) years from determination of the qualification of such consultant, District staff may select such a prequalified consultant from the current file of prequalified consultants for the performance of professional services. E. Open Purchase Orders for Routine and Repetitive Supplies and Services Open purchase orders may be entered into with vendors who are expected to supply routine services, supplies, materials or labor to the District on a regular basis throughout the fiscal year (such as gasoline, discing, road maintenance, vehicle maintenance, printing, office supplies and field hardware). Open purchase orders shall be closed at the conclusion of each fiscal year. Vendors of repetitive supplies and services shall be selected through the competitive bidding procedures set out in Section 1I, based upon the anticipated or budgeted cumulative cost of the supply or service. Where competitive bidding procedures cannot feasibly be done, a comparison of vendors' prices on representative sample items will be made and staff will provide written documentation of the price quotations used to select the vendor with the lowest cost, pursuant to the Administrative Purchasing Policy/Procedure. Multi-year contracts can be let only when appropriate and necessary to secure the best pricing or assure continuity of service. An annual review of the services and prices provided shall be documented by District staff to assure that the vendor is meeting the District's needs and expectations and remains at a competitive price. Whenever feasible, multi-year contracts for service or supplies shall provide that the option to renew or extend the contract is at the District's sole discretion. IV GENERAL PROVISIONS A. Conflict of Interest No District employee or official shall be financially interested, directly or indirectly, in any I purchase, contract, sale, or transaction to which the District is a party and which comes before said Page 7 I I official or employee for recommendation or action. Any purchase, contract, sale, or transaction in which any employee or official is or becomes financially interested shall become void at the election of the District. No employee or official shall realize any personal gain from any purchase, contract, sale, or transaction involving the District. B. Credit Cards The General Manager may approve the use of District credit cards for District purchases by authorized employees. The employee utilizing a credit card cannot exceed his/her purchasing General Manager, and must follow ' Policy and as delegated b the G g 't authorized in this Y authority, as Y g 'v Purchasing Policy/Procedure. /Prose dure. ' istrati e the credit card procedures outlined in the Administrative g Y C. Purchase of Recycled Products products are availabl e at equal cos t District staff shall purchase recycled products whenever such p q to non-recycled products and when fitness and quality are equal. When recycled products are used, the supplier shall label the products to indicate that they contain recycled materials, and specify the minimum percentage of recycled material in the prod ucts. p Y p g D. Violations of This Policy Employees are subject to disciplinary action up to and including termination for violation of this Policy. III Page 8 Mid peninsula Regional • ' Open Space District R-10-11 Meeting 10-03 January 27, 2010 AGENDA ITEM 11 AGENDA ITEM Appointment of Standing and Ad Hoc Board of Directors Committee Members for 2010. PRESIDENT'S E IDENT'S RECOMMENDATION Approve the President's recommendations for appointments to the Board Standing and Ad Hoc Committees, appointments of Board representatives to other bodies, and termination of Ad Hoc Committees whose tasks have been completed as contained in this staff report, including the determination of compensation status for attendance at Board Committee meetings. SUMMARY Every year, the newly-elected Board President appoints new members to each committee. The appointments for the committees listed in the attachment to this report are for calendar year 2010. DISCUSSION The Board of Director's Rules of Procedure Sections 1.80 through 1.83 call for the President to appoint Board members to annual Standing and Ad Hoc Committees and to represent the District on outside bodies, with consent of the Board. The four (4) current Board Standing Committees are: 1. Administration and Budget Committee (ABC) 2. Legislative, Funding and Public Affairs Committee (LFPAC) 3. Use and Management Committee (U&M) 4. Real Property Committee Following the Board's Rules of Procedure, Director Curt Riffle (Board Treasurer) will be assigned as one of the three members of the Administration and Budget Committee. The five (5) Board Ad Hoc Committees from last year consist of: 1. Board Appointee Evaluation Committee 2. La Honda Master Plan Committee R-10-11 Page 2 3. Sierra Azul/Bear Creek Redwoods Master Plan Committee 4. Facilities Maintenance Committee 5. Cooley Landing Committee Staff recommends keeping all five Ad Hoc Committees and adding a sixth, the Strategic Plan Committee, for 2010. Section 2.30 of the Board's Rules and Procedure states that all Standing Committees are compensable. Compensability for attendance at Ad Hoc Committee meetings is determined on an annual basis by the Board. It is recommended that attendance at all Board Ad Hoc Committee meetings be p g con ensable. The two outside bodies, the Bay Ridge Trail Council and California Joint Powers Insurance Authority (CaIJPIA), are proposed to remain non-compensable. The proposed committee assignments for 2010 are listed in the attached table. The President looks forward to the Board's consideration and anticipated concurrence of the proposed appointments. FISCAL IMPACT There will be no new or incremental fiscal impact associated with this action. Board compensation for committee work is included in the annual budget and remains unchanged from the previous year. PUBLIC NOTICE Public Notice was provided according to the requirements of the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS Staff will prepare a new roster of Board Committee assignments for posting internally and on the District website. Attachment: Proposed 2010 Board Officers and Committees Roster Prepared by: Anna Duong, Interim District Clerk Contact person: Mary Davey, Board President Midpeninsula Regional Open Space District DRAFT BOARD OFFICERS 2010 President—Mary Davey Vice-President—Larry Hassett Treasurer—Curt Riffle Secretary—Jed Cyr BOARD COMMITTEE ASSIGNMENTS—2010 Standing Committees [Ad Hoc Committees I Administration and Budget Board Appointee Evaluation 0 Director Curt Riffle (Treasurer) 0 President Mary Davey 0 Director Pete Siemens 9 Director Nonette Hanko * Director Jed Cyr 0 Director Curt Riffle Legislative, Funding and Public Affairs La Honda Master Plan • Director Cecily Harris 0 Director Larry Hassett • Director Nonette Hanko • Director Curt Riffle 9 Director Jed Cyr 0 Director Mary Dave Use and Management Sierra Azul & Bear Creek Redwoods Master • Director Larry Hassett Plan 0 Director Curt Riffle 0 Director Harris 0 Director Pete Siemens • Director Cyr 0 Director Siemens Real Property Facilities Maintenance 0 Director Larry Hassett 0 Director Hassett 0 Director Nonette Hanko 0 Director Riffle 0 Director Cecily Harris 0 Director Siemens Cooley Landing 0 Director Harris 0 Director Hanko 0 Director Cyr Strategic Plan 0 Nonette Hanko 0 Pete Siemens 0 Curt Riffle District iancing A=uthorit IlBoard Appointed Rep:re:s:e::nt=atives * President Mary Davey, Chairperson Bay Ridge Trail Council Representative" 0 Director Curt Riffle, Treasurer 0 Director Jed Cyr 0 Director Pete Siemens, Member e Director Larry Hassett, Member CALJPIA Representative" o Supervisor Liz Kniss, Representative from • President Mary Davey Santa Clara County Board of Supervisors 0 Steve Abbors, Executive Director 0 Mike Foster, Controller 0 Anna DuonE, Secretary *Non-compensable i AW Midpeninsula Regional ' Open Space District R-10-13 Meeting 10-03 January 27, 2010 AGENDA ITEM 12 AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. PRESIDENT'S RECOMMENDATION Approve the President's appointments of Directors Pete Siemens and Larry Hassett to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority along with the by-laws required of the Board President and Treasurer assignments. SUMMARY At its second regular meeting in January of every calendar year, the District Board of Directors appoints new members to serve as the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. This appointment is for calendar year 2010. DISCUSSION The Governing Board of the Midpeninsula Regional Open Space District Financing Authority consists of five (5) members. In accordance with its by-laws, the District's Board President shall serve as the Chairperson of the Financing Authority and the Treasurer of the District shall serve as the Treasurer of the Authority. The President appoints two additional members each year from the remaining members of the Board of Directors. The President is recommending that Directors Pete Siemens and Larry Hassett be appointed as the two additional Authority members. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the District, and who is appointed to the Financing Authority by the Board of Supervisors Chairperson. Section 2.4 of Article II of the Financing Authority's by-laws calls for four (4) officers: Chairperson, Secretary, Treasurer and Controller. As discussed above, the Board President and Treasurer shall automatically serve as the Authority Chairperson and Treasurer respectively. The Controller of the Authority shall be the District Controller Mike Foster. The Secretary shall be the Interim District Clerk Anna Duong until the District Clerk position is filled. The Authority R-10-13 Page 2 must confirm these officers at its first meeting each calendar year and will do so at its next scheduled meeting. FISCAL IMPACT There is no fiscal impact from this appointment. PUBLIC NOTICE Public notification has been provided by the Brown Act and no further additional notification is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If approved by the Board, the Board President will appoint the two members to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority at this meeting. Staff will prepare a new roster of Board Committee assignments for posting internally and on the District website. Prepared by: Anna Duong, Interim District Clerk Contact person: Mary Davey, Board President ' IMidpeninsula Regional Open Space District R-10-26 Meeting 10-03 January 27, 2010 AGENDA ITEM 13 AGENDA ITEM Appointment of Stephen E. Abbors as the Executive Directive of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2010. PRESIDENT'S RECOMMENDATION Approve the appointment of Stephen E. Abbors to the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2010. SUMMARY The Board of the Midpeninsula Regional Open Space District Financing Authority (Authority) has five members including two members of the District Board of Directors, one member of the Santa Clara County Board of Supervisors, the District Controller and the District Clerk. Subsequent to their formation, the Board appointed the General Manager of the District as Executive Director of the Authority. This memorandum memorializes that appointment. DISCUSSION Section 4(D)(5) of the Joint Powers Agreement ("Agreement") by and between the Midpeninsula Regional Open space District and the County of Santa Clara and executed on May 1, 1996, that formed the Midpeninsula Regional Open Space District Financing Authority ("Authority"), states that "The (Governing) Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants, accountants and other professionals necessary in the exercise of its powers". On June 26, 1996, the Governing Board of the Authority passed and adopted a resolution adopting the by-laws of the authority. Section 5 of the by-laws states, "Pursuant to Section 4(D) (5) of the Agreement (cited above), the General Manager of the District is hereby appointed as Executive Director of the Authority."This action, therefore, recommends approval of the appointment of the current General Manager, Stephen E. Abbors, as the Executive Director of the Authority. FISCAL IMPACT There is no fiscal impact associated with this appointment. .........._........_._ R-10-26 Page 2 PUBLIC NOTICE Public notice was provided by the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If approved by the Board, the Board President will appoint as stated at this meeting. Staff will prepare a new roster of Board Committee assignments for posting internally and on the District website. Prepared b : p Y Anna Duong, Interim District Clerk. Contact person: Mary Davey, Board President r ' IMidpeninsula Regional Open Space District R-10-14 Meeting 10-03 i January 27, 2010 AGENDA ITEM 14 AGENDA ITEM Appointment of Regular and Alternate Representatives to the California Joint Powers Insurance Authority (CaIJPIA) Board of Directors. GENERAL MANAGER'S RECOMMENDATION Approve Appointment of Regular Representative: President Mary Davey and Alternate Representatives: General Manager Steve Abbors, General Counsel Sue Schectman and Interim Administration and Human Resources Manager Bunny Congdon to the California Joint Powers Insurance Authority (CaIJPIA) Board of Directors. SUMMARY At the beginning of every calendar year, the Board appoints regular and alternate representatives to serve as members of the CaIJPIA Board of Directors. These appointments are r 1� s for calendar year pp Y 2010. DISCUSSION At its regular meeting earlier today, January 27, 2010, the Board of Directors appointed President Mary Davey (see report R-10-11) as the Districts regular representative to the CaIJPIA Board of Directors pursuant to the Joint Powers Agreement (JPA). The JPA states that in addition to one representative from the member agency's legislative body, there shall be "at least one alternate who shall be an officer or employee of the member." The alternate member(s) shall have the same authority as the regular member. In 2009, the Board of Directors approved designating the General Manager and Administration and Human Resources Manager as the first and second alternates respectively in place of the Board President. Recently, however, the Risk Management function, previously located in the Administration Department, was split between the Legal Program and the Administration Department. As a result of this reorganization, three alternates are now recommended: General Manager Steve Abbors, General Counsel Sue Schectman and Interim Administration and Human Resources Manager Bunny Congdon until the Administration and Human Resources Manager position is filled. If the Board President is unable to attend the annual CaIJPIA Board meeting in I R-10-14 Page 2 July or attend to any other matter required by the Ca1JPIA Joint Powers Agreement, an alternate would perform these functions in the President's place. According to the bylaws of the CaIJPIA, each year the Board of Directors must name the specific individual representatives. FISCAL IMPACT There is no fiscal impact to this appointment. PUBLIC NOTICE Public notice was provided by the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If approvedY b the Board, staff will advise CaIJPIA of the names of the District alternates: General Manager Steve Abbors General Counse l Sue S chectman an d Interim Administration and Human Resources Manager Bunny Congdon. Prepared by: Anna Duong, Interim District Clerk I Contact person: Stephen E. Abbors, General Manager Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors 2 2 Date: January 2 010 Re: FYIs i � r Open Space Midpeninsu iDist ict nai For Immediate Release r � Date: Jan. 14, 2010 Contact: Leigh Ann Maze, 650.691.1200 MROSD board approves firefighters' memorial bench, elects new officers Los Altos, California [Jan. 14, 20101 — The Midpeninsula Regional Open Space District's publicly elected board of directors took actions at their regular meeting last night that may interest your readers. The District is a public agency protecting land as open space for environmental preservation and ecologically-sensitive public enjoyment and education. Currently, the District manages 26 open space preserves totaling over 58,000 acres in the South Bay,Peninsula and Coastside areas. In response to a request by Santa Clara County firefighters from the Los Gatos station,the District's board approved the installation of a bench in the Saint Joseph's Hill Open Space Preserve to honor Jim McCluskey and all Santa Clara County firefighters. McCluskey was an avid bicyclist who loved to ride at Saint Joseph's Hill and worked for the Santa Clara County Fire Department for over 20 years. He was killed August 10,2008 while bicycling on Diablo Grande Parkway. "The firefighters have been a fantastic partner for us,"said Director Curt Riffle. Many of McCluskey's colleagues,who bicycle up Saint Joseph's Hill almost daily before their shift, attended the board meeting:"To think of that bench bein put in there is exciting,"Fire Captain Steve g P g, P Stockma n told the board . To know that Jim will be tied to that.He was very attached to that open space. The seven-member board also elected new officers for 2010. Director Mary Davey, who represents Cupertino, Los Altos, Los Altos Hills and Palo Alto, was elected president. Director Larry Hassett,who represents Atherton, La Honda,Loma Mar,Menlo Park,Pescadero,Portola Valley, Redwood City, San Gregorio and Woodside, was elected vice president. Director Curt Riffle, who represents Los Altos and Mountain View, was elected treasurer. Director Jed Cyr,who represents Sunnyvale, was elected secretary. Also of note,the District surpassed the 58,000 acres mark in land preserved as public open space with the purchase of two properties totaling 52 acres located within and adjacent to the District's existing Sierra Azul Open Space Preserve near Los Gatos Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected and managed more than 58,000 acres of open space.The public enjoys the District's diverse and beautiful preserves 365 days a year.The District is public agency whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment,and provide opportunities for ecologically sensitive public enjoyment and education.www.openspace.org. Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: January 27, 2010 Re: Late FYIs i Midpeninsula Regional Memorandum I Open Space District i To: MROSD Board of Directors Through: Steve Abhors, General Manager From: Kristi Britt, Public Affairs Specialist Copy: Rudy Jurgensen, Public Affairs Manager Date: January 20, 2010 Re: Coffee Table Book Project Update This memo is being provided to the Board to give an update on the progress of implementation of the District's coffee table book project. Following the Board's approval at their September 9, 2009 meeting (see report R-09-106), staff has begun the following coffee table book implementation projects. Call for Artwork& Poetry Submissions Staff created a "Call for Artwork & Poetry Submissions" flyer, including a call for children's artwork and poetry submissions, that requests compelling artwork featuring the wonders of nature on the District's open space preserves, including natural landscapes, wildlife, plant life, seasonal weather, or people interacting with nature. Staff is especially interested in work reflecting the wide range of habitats across District lands, including riparian, grassland, chaparral, and redwood environments. This flyer has been widely distributed. It has been posted in all of the District's sign boards, and mailed to the District's user group mailing list and the District's Spaces & Species program mailing list (in an effort to reach schools and children)—the combined mailing totaled approximately 600 constituents. The flyer was also provided via e-blast to approximately 70 contacts, which included local colleges, art and local clubs, and organizations (including groups with youth focus such as the Children in Nature Collaborative, Children,Nature and You, Youth Science Institute, and Environmental Volunteers); provided via e-blast to District volunteers and docents; and posted at local art studios. Staff has also posted the "Call for Artwork &Poetry Submissions" in the District's quarterly newsletter Open Space Views; the District's Web site www.openspace.org/book; the District's lobby; and also issued a press release. Digital Photo Submissions The majority of digital photos that will be considered and included in the coffee table book will be generated from the District's Annual Photo Contest (past, present, and future). The Second Annual Digital Photo Contest closed on December 6, 2009. Staff will be able to hold at least one additional Photo Contest prior to the content submission deadline for the book (dates still to be determined). Digital photos submitted through avenues other than the Annual Photo Contest will be considered if it fills a specific, unique need for the content and layout of the coffee table book. Request for Proposal for Book Publisher Staff has drafted a Request for Proposal for the Production, Distribution, and Promotion of the District's Anniversary Edition Coffee Table Book, and has researched potential publishers to participate in the Request for Proposal process. Staff will also be publishing a Public Notice in a general circulation newspaper in Santa Clara and San Mateo County inviting proposals. In spring 2010, staff expects to return to the Legislative, Funding, and Public Affairs Committee (LFPAQ with a publisher recommendation for consideration by the Committee. Establishing the publisher for the project will determine the production logistics and timeline in order to have the book in hand in late summer/early fall 2012 in time for the District's 40 th anniversary in November. Coffee Table Book Content Staff is currently coordinating the submission process with potential artists who've expressed interest in the project as a result of the initial outreach. To date, the preliminary artwork reviewed by staff(predominantly on artists' Web sites) are in line with the District's requests for a variety of artwork representing a diversity of District preserves, habitats, and seasons. Additional outreach and "Calls for Artwork & Poetry" submissions will continue as needed during 2010 and possibly into early 2011. Similar to the "Call for Artwork & Poetry Submissions," the digital photos received to date through the District's Photo Contests are also in line with the District's need for a variety of digital images representing a number of District preserves, habitats, and seasons to ensure the District's preserves are diversely represented in the coffee table book. I Midpeninsula Regional Memorandum ` I Open Space District To: MROSD Board of Directors Through: Steve Abbors, General Manager I I From: Tina Hugg Date: January 27, 2010 '�-- Re: Cooley Landing Ad Hoc Committee substituting in place of Use and Management Committee for the Cooley Landing Project On December 16, 2009, the General Manager and staff confirmed with Director Hassett(2009 Chair of Use and Management Committee)and Director Hanko(2009 Board President)that for the Cooley Landing Project, it would be most efficient to allow the Cooley Landing Ad Hoc Committee to act in the role of the Use and Management Committee, work with staff, and make recommendations to the full Board. It was felt that the Ad Hoc Committee would have the most familiarity with the project to facilitate Committee review and input during the design and planning phase to meet the current project schedule, including the upcoming milestones. II i I