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HomeMy Public PortalAbout20130828 - Agenda Packet - Board of Directors (BOD) - 13-20 j Midpeninsula Regional open Space District Meeting 13-20 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle,Los Altos,CA 94022 Wednesday,August 28, 2013 SPECIAL MEETING BEGINS AT 6:00 P.m.* REGULAR MEETING BEGINS AT 7:00 P.m.* AGENDA 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION ROLL CALL I. CONFERENCE WITH LEGAL COUNSEL—Existing Litigation(Government Code Section 54956.9(d)(1)) Midpeninsula Regional Open Space District v. County of Santa Clara, et al. (Lehigh Quarry CEQA Matter) Santa Clara County Superior Court Case No. 1-12-CV-236881 2. CONFERENCE WITH LEGAL COUNSEL—Existing Litigation(Government Code Section 54956.9(d)(1)) Midpeninsula Regional Open Space District v. Chiocchi Santa Clara County Superior Court Case No. I-12-CV-221622 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION REPORT ON RETURN FROM CLOSED SESSION(IF NECESSARY)(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 7:05 CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings— August 14, 2013 2. Approve Revised Claims Report 3. Written Communications— R.Fry 4. Resolution of the Board of Directors Commending the Loma Prieta Chapter of the Sierra Club for 80 Years of Successful Protection of Our Local Environment 5. Approval of a patrol and maintenance easement and quitclaim deeds between Marvin D.and Alma P.Burkett (Burkett)and the Midpeninsula Regional Open Space District(District)(APN 517-35-002);approval of quitclaim deeds between L.Katherine Ferrari(Ferrari)and the Midpeninsula Regional Open Space District (APN 517-35-004); and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)(R-13-76) 7:10 BOARD BUSINESS 6. Authorization to Award a Contract to Questa Engineering Corporation for Engineering.Geotechnical, Geological, Permitting,and Environmental Review Services(R-13-78)—T.Hugg 7. Authorization to Award a Contract to Confluence Restoration for Planting and Landscape Maintenance Services for the Mindeizo Gateway Stai4ing Area and Commemorative Site located at Russian Ridge Open Space Preserve(R-13-75)—G. Coony 8. Approval of Amendment Two of the Partnership Agreement with the City of East Palo Alto to Facilitate Completion of Phases 11 and III of the Cooley Landing Vision Plan(R-13-73)— T.Hugg 9. Budget Guidelines for Board Conference Attendance(R-13-79)—K Woodhouse INFORMATIONAL REPORTS—Reports on compensable meetings attended.Brief reports or announcements concerning activities of District Directors and staff,opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE noARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion.Board members,the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200.Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. 1,Jennifer Woodworth,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on August 23,2013,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 httr)://www.opensr)acc.or . Signed this 23rd day of August,at Los Altos,California. R01 vxa�IN &� tJ430"4 %i District Clerk August 23,2013 Imil I Claims No. 13-16 � � Meeting 13-20 Date 8/2013 Midpeninsula Regional Open Space District # Amount Name Description � 20722 $1*.699.00 # Knapp Architects Historic Site&Str^ctunexmsoomnunts-Hawt»nmpmnerty � 20723 $13.578.76 Ascent Environmental CEQA Consulting Services For Mindego Use&Management Plan � 2072* *917�89 x5 Knapp momrio�ioe���,vm�m�wu�osmenm-navwnpmpmpon� � � . � � 20725 *8.472.60 Public Dialogue Consortium Vision Plan Public Participation Services � 20726 $8.82*.55 John monhmunaRoberts&Associates Construction Administration For Minme0q Gateway Staging Area' ! POST Funded � zOror $6.454.72 Shute,Mihaly&Weinberger LLp Legal Services For Proposed Ridge Vineyards Land Exchange � 20728 $8.22172 Hertz Equipment Rental Equipment Rental-Dozer&Excavator Rental For Road Work Ax � ECUM&Punoimo Creek Redwoods 20729 *4.000.00 Hazard Management Services Specification Development For Hazardous Material Abatement*t | Powell Property � 20730 $3.328.74 °1 San Mateo County Planning&Building Permit Fees For B:0N Trails/Building Permit Fee For Peters oepmmnem Creek Bridge Replacement 20731 $2.625.00 Pat O'Brien Consulting Services For Capital Finance Project 20732 *2.504J8 Tires On The Gu Tires 20733 $2.000.00 California Pension Group Public Retirement Consulting Services � 20734 *1.94725 RUD Equipment Company Mowing&Diocmg Tractor Rental For Work/wPvrisimaCreek � Redwoods 20735 $1.836.00 Premier Termite Fumigation Rental Residence 20736 $1.912.44 Aocountemps Accounting Temps i 20737 *1.84322 Big Creek Lumber Lumber For prOStock 20738 $1.720.00 ~2 Windmill Feed Straw Bales For Special Events 20759 %1.626.53 Ergovam Ergonomic Evaluations&Reports | | 20740 $1.53582 Office Depot Office Supplies/Folders/Copy Paper/Break Room Supplies / Laser Index Marker/Labels/Tape Dispenser/Binders/Desktop � Copy Holder/Pens/Rails For Files/Dividers/Dry Erase Board / | Staplers 20741 $1.288.00 Santa Clara County Department[f Annual Hazardous Material Permit'SFV Environmental Health oor*z $1.282.07 Stetson Engineers wah*nnaste,Services For San Gregvnv Watershed-Annual Fee | 20/43 $1.259.00 Alexander Atkins Design pmfeoumna|DeoignSemipes-Eventpvotes � 20744 $1.158.03 Redwood General Tire Company Tires&Tire Installation � � 207*5 $1.149,28 The Sign Shop Fire Hazard Signs/Trail Signs For Puxmimm Creek Redwoods& � ECDM � 20746 $1.000,00 Pitney Bowes Postage For m]Postage Machine � 20747 $872o3 Langley Hill Quarry Rock For pu,/mimo Creek Road Culvert Replacement&Water � Truck Rental � 20748 s960.29 San Mateo County Planning&Building Permit Extension For Mmdeoo Hill Trail � Department � 20719 $925.29 Gonden|and Power Equipment Pole Pruner/Pole Pruner Repair/Power Pruner Carrier System 20750 *771.71 Arranged*Comfort Ergonomic Equipment-Chair/Wireless Mouse 20751 $666.09 Green Waste Debris Box&Garbage Service-aFo 20752 $655.00 Swcia|momvm On-Line Public Participation Tool For The Vision Plan 20753 $570.00 Air Resources Board Permit Renewal Fee For Chipper � 2075* $ou000 ^8 Gmq3umuamv Caricaturist For Volunteer Recognition Event � 20755 $502.19 Thomson Reuters'West Monthly Information Charges/Assured Print Pricing Subscription 20756 $484.81 Tex Shoemaker&Son Leather Key Fobs&Knife Holders 20757 $476.32 wwik Key Lock&Safe Company Lock&Key Services-A0 � 20758 $469.97 California Water Service Company Water Service-FFO/Rental Residences � 20759 $485.45 Summit Uniforms Uniform Expenses 20780 $450.00 ^4 Moda|ynLopez Caricaturist-Volunteer Recognition Event � 20761 $399.00 Don Wade Electric Company Replaced Ballast&Inspected Fire Doors-AO 28782 $395.00 Aaron's Septic Tank Service Pumping Services'Pu,iaimpCreek � � Page`mz � Claims No. 13'16 Meeting 13-20 Date 028/13 Midpeninsuya Regional Open Space District # Amount Name Description � 20763 *371.65 Ton|anu Tools For 8pOShop � � 20784 $360.00 Bin's Towing Service Towing Services 20765 $333.97 Jim Davis Automotive Smog Check&ACRepair � 20788 $330.00 International Institute O,Municipal Annual Memberships For Deputy District Clerk u District Clerk Clerks � 20767 $296.96 United Site Services Sanitation Services For Vision Plan Community Advisory Committee Tour � 20768 $245.84 Stevens Creek Quarry Base Rock For Russian Ridge Trail � � 20769 $2*4�09 Waste Management[nGuadalupe Disposal Cn Debris From Beatty Property � � Disposal Company ` 20770 $242.88 Del Rey Building Maintenance Janitona|Svpnnen-AO 20771 $239.50 CMK*utvmmivo Vehicle Maintenance&Repairs 20772 $216.46 Vvemvrpx Printing Services'Timecards 20773 $213.20 ARC District Maps Mounted For AO 20774 $182y7 Continuing Education 0f The Bar Legal Books&Updates | uOr/s $140.00 Brush Road Corporation Balance[n Annual Road Association Dues | 20776 121113 McKowan.puu| Reimbursement'Volunteer Supplies&Volunteer Recognition � Event Supplies 20777 *120o0 Peninsula Youth Sailing Foundation Cleaning Deposit&Booth Site Fee For Redwood City pnrtfeot 20778 $117.50 Mission Trail Waste Systems Go,bogoSumioe-*O 20779 *110.00 Sunnyvale Ford Vehicle Maintenance&Repairs 20780 $104.2* O'Reilly Auto Parts A/C Switch/Coolant/Windshield Cleaner/Windshield Wipers 20781 $78.80 Pacific Te|emanoQementServices Pay Phone-Black Mountain 20782 $61.00 Rancho Cleaners Sew Name Tags On Uniforms 207e3 *OO�OO Genqume«i.David no|muueumont-Cenpnnne zorn* $80.00 Metro Mobile Communications mo»mq,um District Radios 20785 *80.00 Hooper,Stan Reimbursement'Cell Phone � 20786 *44.70 Dmnfee Pump Company Gauge Repair Kits Fu,FFO Fuel Tank � zOror **n.om w California Water Service Company Water Service'Hawthorn Property � 20788 $36.92 Los Altos Hardware Field Supplies � 20789 $28.58 Foster Brothers Padlock&Keys � 207e0 $25.00 San Mateo County Health Department Tick Testing � � 207e1 $14.18 n.v.Cloud Company Pressure Washer Repair Parts � � 207e2 $12.95 Recognition Specialties Name Badges For Staff � � � Total $113.836-28 � � 1 Urgent check issued B/2On3 .2 Urgent check Issued 019/13 � ^u Urgent check isuued812On3 ^* Urgent check issued 8/20n3 � # Hawthorn expenses 45 Hawthorn expense and urgent � check issued m22/1a � Page zofz � � � Claims No. 1346 Meeting 13-20 Date 02013 Revised | Midpeninsula Regional Open Space District # Amount Name Description 20722 $14.699.00 # Knapp Architects Historic Site&Structure Assessments'Hawthorn Property 20723 $13.579.78 Ascent Environmental CEO*Consulting Services For Mindegv Use&Management Plan 20724 $9.174�8e o5 Knapp Architects Historic Site&Structure Assessments'Hawthorn Property 20725 *8.*72.60 Public Dialogue Consortium Vision Plan Public Participation Services 30726 *0.924,56 JnxnwnrlhmnmRoberts&Anuooio»eu Construction Administration For Mindogo Gateway Staging Area- POST Funded 2072/ $6.45*.72 Shute,Mihaly&WeiohenQw,LLP Legal Services For Proposed Ridge Vineyards Land Exchange 20728 *6.221 72 Hertz Equipment Rental Equipment Rental'Dozer&Excavator Rental For Road Work/N ECDM&Puriaima Creek Redwoods 20729 $*.00O,OO Hazard Management Services Specification Development For Hazardous Material Abatement/w Powell Property 20730 $3.338.74 ~1 Gan Mateo County Planning&Building Permit Fees For ECDM Trails/Building Permit Fee For Peters Department Creek Bridge Replacement � 2073/ $2.625.00 Pat O'Brien Consulting Services For Capital Finance Project 20732 $2.504./8 Tires On The Gv Tires � 20733 $2,000.00 California Pension Group Public Retirement Consulting Services 20734 $1.947.25 RDO Equipment Company Mowing&DiodngTmmo,Rental For Work AxPunsimaCreek neu~nvus � 20735 *1.938.00 Premier Termite Fumigunon-nenta|neeidenne � � 20736 $1.912.44 Aouounmmps Accounting Temps 20737 $1.843.22 Big Creek Lumber Lumber For rFOStock 20738 $1.720.00 ^3 Windmill Feed Straw Bales For Special Events 20739 $1.626.53 Ergoww,a Ergonomic Evaluations&Reports 20/40 $1.535a2 Office Depot Office Supplies/Folders/Copy Paper/Break Room Supplies / Laser Index Marker/Labels/Tape Dispenser/Binders/Desktop � Copy Holder/Pens/Rails For Files/Dividers/Dry Erase Board Staplers 20741 $1.288.00 Santa Clara County Department O, Annual Hazardous Muvoha|Permit'SFO Environmental Health 20742 $1.262.07 Stetson Engineers wmtennomov,Services For San Gnmgn,io Watershed'Annual Fee 20743 $1.259.00 Alexander Atkins Design Professional Design Services'Event Posters � 2074* $1.158.03 Redwood General Tire Company Tires&Tire Installation 20745 $1.149.28 The Sign Shop Fire Hazard Signs/Trail Signs For Puneima Creek Redwoods& sooe 20748 $1.000.00 Pitney Bowes Postage For*D Postage Machine 20747 $972.83 Langley Hill Quarry Rock For Puxmimo Creek Road Culvert Replacement&Water Truck Rental 20748 $980.28 San Mateo County Planning&Building punnit Extension For Mmdego Hill Trail Department � 20749 $925.29 Ganden|snu Power Equipment Pole Pruner/pv|e Pruner Repair/pnwo,Pruner Carrier Syavann 20750 $771�71 Arranged*Comfort Ergonomic Equipment'Chair/Wireless Mouse � 20751 *sss.ue Green Waste Debris Box&Garbage Service'mFo � 20752 $665.00 Gnoiu|nnenmm On-Line Public Participation Tool For The Vision Plan 20753 $570�00 Air Resources Board Permit Renewal Fee For Chipper � 20754 o525.00 ~u GogGvmuomv Caricaturist For Volunteer Recognition Event � 20755 *502.19 rnnmnnnnnutos-Wemt Monthly Information Charges/AsmumdPrint Pricing Subscription � 20756 $*8*.81 Tex Shoemaker&Son Leather Key Fobs&Knife Holders � 20757 $476.32 Kwik Key Lock&Safe Company Lock&Key Services'AD � 20758 $469.97 California Water Service Company Water Service'FFO/Rental Residences 20753 $465.*5 Summit Uniforms Uniform Expenses � 20780 $*50.00 ^u Meda|yn Lopez CahcuWnnt-Vn|unteernocogniUon Event � 20761 $398.00 Don Wade Electric Company Replaced Ballast&Inspected Fire Doors'AD 20782 *395.00 Aaron's Septic Tank Service Pumping Services'pu,iuimoCreek Page`mo _ � Claims No. 13-16 Meeting 13'20 | Date 02013 � Revised � Midpeninsula Regional Open Space District # Amount Name Description 20763 $3/1.65 Too|uno Tools For 8FOShop 20784 $360.00 Bm's Towing Service Towing Services i 20785 %333.97 Jim Davis Automotive Smog Check&*CRepair 20766 $330.00 International Institute[nMunicipal Annual Memberships For Deputy District Clerk&District C|mm Clerks 20767 $398.98 united Site Services Sanitation Services For Vision Plan Community Advisory Committee Tour 20768 $2*5.84 Stevens Creek Quarry Base Rock For Russian Ridge Trail 20768 $244.09 Waste Management OfGuadalupe Disposal OY Debris From Beatty Property Disposal Company oOrrO $242.88 Del Rey Building Maintenance Janitorial Supplies-AD 20771 $239.50 CMnAummoUve Vehicle Maintenance&Repairs 20/72 *216.48 mmmorpx Printing Services'Timecards 20773 $213.26 ARC District Maps Mounted For AO 20/74 $182.97 Continuing Education 0/The Bar Legal Books&Updates 20775 *1*0.00 Brush Road Corporation Balance Of Annual Road Association Dues 20776 $12113 Monmwan.Pou| Reimbursement-Volunteer Supplies&Volunteer Recognition Event Supplies 20777 *120.00 Peninsula Youth Sailing Foundation Cleaning Deposit&Booth Site Fee For Redwood City pomest � 20778 *117.50 Mission Trail Waste Systems Garbage Service-AO � 20779 $110.00 Sunnyvale Ford vemo|e Maintenance&Repairs 20780 $10*.24 O'Reilly Auto Parts A/C Switch/Coolant/Windshield Cleaner/Windshield Wipers 20781 $78.00 Pacific Tn|emanogemn^,Services Pay Phone'Black Mountain � 20782 *61.00 Rancho Cleaners Sew Name Tags OnUniforms � 20783 $60.00 Sanquineni. Dmvid Reimb,rsement-CeUPxune � � 20784 $60.00 Metro Mobile Communications Reprogram District Radios 20785 $80,00 Hooper,Stan Reimbursement-CeUpxono � 20786 $4*.70 mon|ae Pump Company Gauge Repair Kits For prO Fuel Tank � 20787 $40.35 # California Water Service Company materServiva-HawtovmPrnpeny 20788 *36.92 Los Altos Hardware Field Supplies 30789 %28.58 Foster Brothers Padlock&Key a 20790 $25.00 San Mateo County Health Department Tick Testing � 20791 $1*�18 R.V.Cloud Company Pressure Washer Repair Parts � 20792 $12.95 Recognition Specialties Name Badges For Staff � aoreoR $43.e58.42 Shute,Mihaly&Weinberger CEQA Challenge To Lehigh Reclamation Plan Environmental Impact Report 20794m $8.387.55 ^8 Off The Grid Catering-Volunteer Recognition Event � 20795R *6.570.90 8o|unoeHydm|ogino ECOe Staging Area Retrofit � 20796R $4.664.33 ~r pmmons Media Group Postage For Fall Newsletter � 20797R $2./00.00 Mem*ymema sindeQo Gateway Archaeological Monitoring'POST Funded � 20798R $2.220o0 National Data&Surveying Services Mt.Umunhum Road Traffic Monitoring 20789n $1.888.00 8xpEngineom Survey For Trail Legal Description&Plat Map-Ravenswood ononon $1.7OVOO Alexander AminuDesign Design Semioos'Event Pno*am/Design For Co|tmin � Advertisement � 20801 R $1.*50.00 ^8 Garden Creamery Catering'Volunteer Recognition Event � 20802n $1.300V0 Jac*Gescxeidt Professional Photography Services For Various Public Affairs Department Projects 20803R $1.200D0 # Woodside&Porto|m Private Patrol Patnp|Gorviceo-HawxhnmPmweny � 2080*R $1.069�83 Auuo"nuompo Accounting Temp � 20805R n873.20 The Mercury News Newspaper Ads For Powell Demolition Bid&MindoqoGeteway Landscaping Bid Page 2*z Claims No. 13-16 Meeting 13-20 Date 8/28/13 Revised Mid peninsula Regional Open Space District Amount Name Description 20806 R $850.00 Santa Clara County-Cities Managers' 2013 Leadership Academy Association 20807 R $715.00 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 20808 R $687,00 Bay Area Water Trucks Water Delivery For Fremont Older Rental Residences 20809 R $546.00 Government Staffing Services Temporary Staffing-Human Resources Technician 20810 R $406.23 State Water Resources Control Board Mindego Landfill Closure Oversight Fees 20811 R $387.01 Ross Recreation Equipment Plaque For Memorial Bench 20812 R $300.00 Fall Creek Engineering Design Services For Pond DR05 At La Honda Creek 20813 R $119.40 # United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 20814 R $47.59 Scotts Valley Sprinkler&Pipe Supply Water Line Repairs-Rental Residence Total $195,856.75 *1 Urgent check issued 8/20/13 *2 Urgent check Issued 8/19/13 *3 Urgent check issued 8/20/13 *4 Urgent check issued 8/20/13 *6 Urgent check issued 8/23/13 *7 Urgent check issued 8123113 *8 Urgent check issued 8/23/13 # Hawthorn expenses #5 Hawthorn expense and urgent check issued 8/22/13 Page 3 of 3 Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: August 28, 2013 Re: Written Communications i From: Sent: Punay,Puyy PM To: BOARD; Clerk; Vick Gou; General Information Subject: 07/21/2013 Contact Board First Name: Rhoda Last Name: Fry Email Address: Ward / Location: cupertino Comments: Dear MROSD Board, I continue to be concerned about the chronic lack of regulation of the quarry and cement plant adjacent to Rancho San Antonio across the agencAes that have responsibilities for land use, water quality, and air quality. As a taxpayer, I implore you to continue to exercise your fiduciary duty to protect our Rancho San Antonio Open Space Preserve. As to land use, in spite of numerous letters from the public and MROSD, the County and the State Department of Conservation, DOC (comprising of the Office of Mine Reclamation, OMR, and State Mining and Geology Board, SMGB) continue to evade enforcement. This is a great disappointment considering that the County hired a State Mining and Reclamation Act, SMARA, expert, as Planning Director in November 2011, whose impressive resume also lead to an appointment as Chairperson of the SMGB in October of 2012. Nevertheless, both the County Planning Department and the County Board of Supervisors continued to ignore public comment, rejected appeals of the Reclamation Plan in June 2012 from three organizations, MROSD, BACE, and Quarry NO, and ignored an 18-page missive from the Water Boards. Additionally, the County Board of Supervisors are doing whatever possible to keep in the mine in what I would call ..paper compliance," rather than true compliance. Specifically, on March 15 2012, we see Supervisor Kniss making inquiries as to maintaining Lehigh's eligibility for the AB-3098 list (a list of SMARA-compliant vendors to government_ projects). The tail is wagging the dog. Moreover, the November 2012 SMARA annual report contained numerous areas that pointed to SMARA violations. A new unpermitted hill visible from highway 280 was to be removed within 30 days. The Senior Inspector, who took the photograph, is no longer employed by the County. There was no notice of violation. Instead of being removed, in full view of County and State agencies, the hill, adjacent to the mine rim, continued to grow unabated through May 2013. I do not know whether BAAQMD knew about it, whether it was watered to reduce dust, or whether dust coming off of it would be harmful to adjacent hikers in our park. The hill has since been reduced - I do not know where its contents are now. (Photos to be provided at MROSD meeting) Regarding water quality, the Water Boards generated massive quantities of data without meaningful enforcement. Fortunately, the Sierra Club filed a law suit and Lehigh quickly settled with many of the items that had been requested by the Water Boards (in fact, the Water Boards had considered litigation on March 2013 in closed session, prior to the settlement). It is particularly troubling that Lehigh agreed to conditions that were previously deemed infeasible by Lehigh, the County. and an impartial consultant. Finally, you have noticed that there are spikes in air pollution at Rancho San Antonio some of which can be linked to industrial accidents that have not been reported by BAAQMD, as they have no vehicle to do so. Here are just a few air incidents: July 2, 2013, Fugitive Dust Event (photo provided at MROSD meeting) i March 29, 2013, Brown Plume (photo provided at MROSD meeting) BAAQMD: "According to the facility, one of their raw mills went down for emergency repairs at around 8:10 hours causing the smoke and odor. Their LSI unit was turned on to stop the plume emission." January 27, 2013: San Jose Mercury "Equipment fire extinguished at Lehigh Plant in Cupertino" 1 i I � � . June 7" 201I: Cement dust blankets the hills around the quarry. BAA{M0 At � approximately 1:30 pm that afternoon, cement dust was released from an "open" inspection hatch located on ducting at the finish mill. Lehigh personnel were able to close the hatch within 3 to 5 minutes of the event. They inspected the hatch and found its locking mechanism to he functioning properly and determined that the hatch may have opened because of a vibration or operator error (not locking the hatch properly). Lehigh says they have taken measures to ensure the hatch remains closed and properly locked." Please protect our park land. Respectfully, Rhoda Fry | � � � � | � | � � � � ` z I Draft Response Prepared by Staff for Board Consideration I I I August 16, 2013 Dear Ms. Fry, Thank you for your comments and continued engagement regarding past and present concerns pertaining to the Lehigh Permanente quarry and cement plant,and the protection of the District's Rancho San Antonio Open Space Preserve. As you are aware,the District shares many of your concerns about regulatory oversight, environmental impacts,and the protection of our Open Space Preserve. To that end,the District committed a significant amount of effort to engage in the EIR process. Following the dismissal of many of our concerns by the County,the District initiated a CEQA challenge to the approved EIR,which is ongoing. Additionally,we have undertaken an extensive year-long air quality monitoring study to evaluate quarry and cement plant impacts at the Preserve. We believe that these actions, as directed by our Board of Director's,demonstrate the District's resolve to protect the public who visit the preserve,the staff who work there and the beauty and integrity of the preserve itself. We appreciate your continued interest, communication, and information associated with the Lehigh Quarry,and your participation in the protection of your open space. Sincerely, III Jed Cyr, President Board of Directors, Midpeninsula Regional Open Space District i RESOLUTION NO. XXX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING THE LOMA PRIETA CHAPTER OF THE SIERRA CLUB FOR 80 YEARS OF SUCCESSFUL PROTECTION OF OUR LOCAL ENVIRONMENT WHEREAS,the Loma Prieta Chapter of the Sierra Club,which serves the Counties of San Mateo, Santa Clara,and San Benito,was formed in 1933,as the third local chapter of the Sierra Club; and WHEREAS,the Loma Prieta Chapter of the Sierra Club was founded by a dedicated group of hikers gathered at Hidden Villa at the home of Frank and Josephine Duveneck in Los Altos Hills and with sixty charter members,established what would become one of the largest Sierra Club chapters with over 16,000 members to date; and WHEREAS,the tireless efforts of those early members created the core of the local environmental movement, inducing those who supported the establishment of Peninsula Conservation Center in 1967,which currently serves as a home to many local environmental organizations; and WHEREAS,over the past eighty years,more than 3 million participants have taken part in the Loma Prieta Chapter's comprehensive Outings Program,which has organized over 200,000 hikes,nature walks,kayaking trips,peak climb,cross-country skiing, and backpacking journeys within the Chapter and elsewhere in California,as well as hundreds of trail-building projects and other service activities,and; WHEREAS,the Loma Prieta Chapter has prioritized climate action,playing a vital role in reducing solar permit fees in dozens of communities; encouraging cities to adopt robust climate action plans; supporting sustainable transportation alternatives such as Caitrain electrification;supporting the defeat of the environmentally-destructive Devil's Slide bypass; participating in hundreds of smart growth projects so residents have the choice of living a high quality of life without a car; and by supporting the design,funding and implementation of a pedestrian and bicycle trail network that brings us closer to nature while serving to protect nature as well; and WHEREAS,the Loma Prieta Chapter remains a committed and effective advocate for policies that protect our environment,and has helped hundreds of environmentally-conscious policy-makers get elected; and WHEREAS,the Loma Prieta Chapter offers leadership development opportunities and provides a community for people who want to help our environment; and NOW THEREFORE,be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District does hereby commend and congratulate the Loma Prieta Chapter of the Sierra Club for having joined together to create the outstanding achievements that have been accomplished over the past 80 years,achievements to be proud of for generations to come,and extends its most sincere wishes and encouragement for continued success. I i. l� I Midpeninsula Regional • Open Space District i R-13-76 Meeting 13-20 August 28, 2013 AGENDA ITEM 5 AGENDA ITEM Approval of a patrol and maintenance easement and quitclaim deeds between Marvin D. and Alma P. Burkett(Burkett) and the Midpeninsula Regional Open Space District(District) (APN 517-35-002); approval of quitclaim deeds between L. Katherine Ferrari (Ferrari) and the Midpeninsula Regional Open Space District(APN 517-35-004); and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)• GENERAL MANAGER'S RECOMMENDATIONS 1. Determine the recommended actions as outlined in this report are categorically exempt from the California Environmental Quality Act (CEQA). 2. Adopt the attached resolution approving a patrol and maintenance easement and quitclaim deeds between the District and Burkett and Ferrari, which are located on Redhill Road in Los Gatos, California, adjacent to El Sereno Open Space Preserve. 3. Adopt the Preliminary Use and Management Plan for the patrol and maintenance easement. SUMMARY The District has the opportunity to execute a new patrol and maintenance easement to improve access over the Burkett Property located adjacent to the El Sereno Open Space Preserve through an exchange of easement interests. In exchange for the District quitclaiming its rights to a 1915 roadway and waterline easement, the District would gain a new twenty(20) foot wide patrol and maintenance easement over the Burkett Property from Redhill Road. In addition the District has the opportunity to clean up its title through a mutual exchange of quitclaim deeds with Ferrari to eliminate a 1915 roadway and waterline easement that burdens each property. I DISCUSSION Background On March 13, 2013, the District Board approved an agreement to exchange interests in real property for patrol and open space easements with Mr. Peter Sinclair(see report R-13-19). In exchange for quitclaiming the District's rights to the 1915 roadway and waterline easement, Sinclair granted the District a new twelve(12) foot wide patrol easement and 100 foot wide open space easement along the common property line between his property and the District's El Sereno Open Space Preserve. While working through the Sinclair exchange, it was discovered I R-13-76 Page 2 that the 1915 roadway and waterline easement did not follow the current alignment of the asphalt road, which crosses over only the Burkett property to Redhill Road. Both Burkett and Ferrari have access rights to the 1915 easement. Agreement to Exchange Interests in Real Property (Easements) Since the approval of the Sinclair easement exchange, staff has worked through Mr. Sinclair to correct the access easement situation over the neighboring Burkett and Ferrari Properties. The proposed property right exchanges between the District and Burkett and Ferrari are discussed below: Burkett The exchange between Burkett and the District includes the following conveyances: 1. District quitclaims to Burkett rights to a 1915 roadway and waterline easement. 2. Burkett grants District a new 20 foot wide patrol and maintenance easement. 3. Burkett quitclaims rights to a 1915 roadway and waterline easement over District land. Ferrari The exchange of between Ferrari and the District includes the following conveyances: 1. District quitclaims to Ferrari rights to a 1915 roadway and waterline easement. 2. Ferrari quitclaims rights to a 1915 roadway and waterline easement over District land. The District has determined that the exchange of real property interests is of equal or greater value to the public, and the exchange has been determined to be in accordance with the District's enabling legislation set out in California Public Resources Code Section 5500 et seq. CEQA COMPLIANCE PROJECT DESCRIPTION The project consists of the execution of a new patrol and maintenance easement over an existing asphalt road and all parties quitclaiming any and all rights to a 1915 roadway and waterline easement. CEQA DETERMINATION The District concludes that this project will not have a significant effect on the environment. The project is categorically exempt from CEQA under Article 19 Section 15301 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, restoration, maintenance,permitting, leasing, licensing or minor alteration of existing public or private structures, facilities,mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The new patrol and maintenance easement is over an existing asphalt road and there will be no expansion of use. The project is also exempt under Section 15061(b)(3), as there is no possibility the actions can have a significant effect on the environment. This proposed project is categorically exempt from CEQA under these two sections. R-13-76 Page 3 FISCAL IMPACT There are no fiscal impacts to the District associated with this project. BOARD COMMITTEE REVIEW Board Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Also, adjoining property owners and interested parties have been mailed a copy of the agenda for this public meeting. NEXT STEPS Upon approval by the Board of Directors, staff will work to record the easement and quitclaim deeds. Attachments: 1. Resolution 2. Location Map and Easement Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Michelle Lanctot, GIS Technician j f RESOLUTION 13-xx RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL P E DISTRICT AUTHORIZING THE PRESIDENT OF THE BOARD OPENS AC , GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEED AND QUITCLAIM DEEDS WITH MARVIN D. BURKETT AND ALMA P. BURKETT AND CERTIFICATES OF ACCEPTANCE FOR THE DEEDS TO DISTRICT, AND AUTHORIZES THE PRESIDENT OF THE BOARD, GENERAL MANAGER OR OTHER OFFICER TO EXECUTE QUITCLAIM DEEDS WITH L. KATHERINE FERRARI AND CERTIFICATES OF ACCEPTANCE FOR THE DEEDS TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE- LANDS OF BURKETT AND FERRARI) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The General Manager, President of the Board or other appropriate officer is authorized to execute the patrol/maintenance easement deed to District and certificates of acceptance with Marvin D. Burkett and Alma P. Burkett. Section Two. The General Manager, President of the Board or other appropriate officer is authorized to execute the quitclaim deeds and certificates of acceptance with Marvin D. Burkett and Alma P. Burkett. Section Three. The General Manager, President of the Board or other appropriate officer is authorized to execute the quitclaim deeds and certificates of acceptance with L. Katherine Ferrari. Section Four. The General Manager and General Counsel are authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to approve minor, or technical revisions to the easement and quitclaim deeds that do not involve any substantial changes to any terms of the easement and quitclaim deeds, and which are necessary or appropriate to the closing or implementation of this transaction. Moo , do Oita "Vi I d M 1 1 r Montalvo i Ar4oreturP* �. ' ,.•. " `. yl .e• • f �. �"` � s -mot �$L� '� ► � � •. "Wjd .� .2(Y,RatroF nd, ` ': • � s' '`�.� `4�.•3 .�Mair%tenap% ''� /���j�� � .. '�" "err t' ��► _ .� ow i+'* •r ', . .�� Y ems" .�' ... 1 ' � „,� � ',�,•"� El Sereno - Open Space Presery ., .. •� w` ..� �`i ����,,;, •-, - - - - • • -, ••- N RF 4ONRl OPEN " ' SPACE Saratoga ss 4 Los �V) r -',x, ' Area of Gat s i a ' ,=_ - /` Detail ontalvo 17 El Arboretum \ f J� Sereno OSP 1 Burkett Ferrari '�, i`,�t' r 1 Stuart Ridge Property Property (Santa Clara County) J �.' � ! ---- 517-16-026 i � . ' ������: •,, •� a�' ram' /)7 k - - - ----- ------- 517-16-009 - 1 m ; Y J _ Y _ _ I y _ — .k l San Jose 517-17-079 Water Co. 510-33-002 Exhibit A: El Sereno Open Space Preserve Midpeninsuta Regional r� MROSD Preserves Other Public Agency Private Property Open Space District(MROSD) Non MROSD Easement Watershed Land Developed Land Over Public Land -- e Other Protected Open Space Highlighted Pro ert August, 2013 or Park Lands p y Parcel Boundary Miles + 0 0.125 0.25 While the District strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic Illustration of geographic features. 1 j i IIII Midpeninsula Regional �► Open Space District R-13-78 Meeting 13-20 August 28, 2013 AGENDA ITEM 6 AGENDA ITEM Authorization to Award a Contract to Questa Engineering Corporation for Engineering, Geote chnical S g, Geological, Permitting, and Environmental Review Services II GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to award a contract to Questa Engineering Corporation for an amount not-to-exceed $200,000 to provide engineering, geotechnical, geological, permitting, and environmental review services to implement District priority projects. i SUMMARY Numerous high-priority FY2013-14 Action Plan projects require the assistance of technical experts in civil engineering, engineering geology, and environmental review. To maximize efficiencies given an ambitious District Action Plan, staff combined all essential disciplines into a single Request for Qualifications and Proposals (RFQP)to solicit interest from multidisciplinary consultant teams that possess, rather than solicit an RFQP for each individual discipline. Based on the results of this RFQP process, staff recommends awarding a contract to Questa Engineering Corporation for an amount not-to-exceed $200,000 to provide the technical services needed to complete the design, permitting, and environmental review for high-priority District projects. DISCUSSION During the development of the FY2013-14 Action Plan, the Operations, Real Property and Planning departments prepared a list of capital improvement projects that require a wide range of consultant services. Typically, District staff would issue separate Requests for Qualifications and Proposals(RFQP) for each discipline,but decided to test a new,more efficient and streamlined approach of soliciting proposals by combining all of the requested disciplines into a single RFQP. This RFQP process facilitates the hiring of a consulting team that possesses a large array of skills and experience across multiple disciplines to assist the District in carrying out its high- priority projects. The priority projects associated with this contract are expected to span multiple years. They include: III R-13-78 Page 2 I) Evaluation, design, and repair of four vehicle bridges at Purisima Creek Open Space Preserve that provide critical patrol and fire access and are either damaged, in disrepair, or have been determined to be potentially insufficient to support patrol and/or fire trucks; 2) Demolition and clean up of abandoned structures in the Skyline(La Honda Creek Open Space Preserve) and Foothills(Sierra Azul Open Space Preserve) areas, and potentially other areas if time and money allow; and 3) Environmental review of land purchases, encroachment resolutions, lease and rental agreements, etc. The Planning Department released an RFQP on July 10, 2013 to twelve (12) firms and received four proposals from consultant teams. All four firms were deemed qualified to perform the work by the review team. The Board's"Public Contract Bidding, Vendor, and Professional Consultant Selection, and Purchasing Policy"provides, under section III "Exceptions to Standard Purchasing Procedures,"part D "Professional Services," subsection 7 "Prequalified Consultant File," allows qualified consultants who submitted proposals to be placed on a roster for future related work for a period of up to two years from determination of the qualification of such consultant(until August 2015). Any District staff needing services within these categories can utilize the RFQP process already performed during this timeframe and negotiate a contract directly with the consultant pool without additional public advertisement of a new RFQP. The firms who qualify for this roster are listed alphabetically below: • ESA, San Francisco • Jakaby Engineering, Campbell • Sandis, Oakland • Questa Engineering, Corporation, Point Richmond This new, streamlined public RFQP approach reduces the amount of staff time required to carry out the public bidding and contracting process, and manage multiple consultants. On average, a typical RFQP process for one discipline can require between 40-60 hours of combined staff time, depending on whether there is a pre-proposal field tour necessary. The review team selected Questa Engineering Corporation from Point Richmond as the best qualified consultant to perform the three specific priority projects described above. Questa has the most relevant experience in open space and park planning,public access,bridge design, and demolition that is applicable to these projects. FISCAL IMPACT Funds for this contract were included in the FY2013-14 budget. BOARD COMMITTEE REVIEW No committee review is necessary to award this contract. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-13-78 Page 3 CEQA COMPLIANCE Retention of professional consultants to conduct evaluations, prepare design documents, and assist with environmental review or permitting does not constitute a project under CEQA as it will not result in a direct physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. NEXT STEPS Finalize contract and initiate project work as soon as possible. Responsible Department Head: Meredith Manning,Co-Acting Planning Manager Prepared by: Same Contact person: Same II S Midpeninsula Regional Open Space District i R-13-75 Meeting 13-20 August 28, 2013 AGENDA ITEM 7 AGENDA ITEM Authorization to Award a Contract to Confluence Restoration for Planting and Landscape P Maintenance Services for the Mindego Gateway Staging Area and Commemorative Site located at Russian Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a contract with Confluence Restoration, from Santa Cruz, for a not-to-exceed amount of$98,143 for planting and landscape maintenance for the Mindego Gateway site located at Russian Ridge Open Space Preserve(Preserve). SUMMARY A Request for Bids for planting and landscape maintenance services was issued on July 12, 2013. Two(2)bid proposals were received on August 5, 2013. Evaluation revealed that the low bidder, Confluence Restoration,presented a complete and responsive bid package. Therefore, staff recommends awarding the contract for planting and landscape maintenance services for the Mindego Gateway Staging Area and Commemorative Site to Confluence Restoration for a total not-to-exceed amount of$98,143. The total contract amount includes: a) the base bid of $75,870, (comprised of$13,470 to plant District-supplied native plants, plus$62,400 for three years' landscape maintenance thereof),b) an additive alternate of$17,600 for landscape maintenance at the Commemorative Site, and c) a 5% contingency of$4,673. DISCUSSION Background The Mindego Gateway Staging Area is a key component in extending public access into the Mindego Ranch area of the Preserve. Located 1.4 miles south of Skyline Boulevard along Alpine Road, the new staging area will provide parking and amenities for visitors to the Preserve. This contract would provide for planting and maintenance of the staging area plants. This contract also includes maintenance of the adjacent Commemorative Site. Planting was removed from the Staging Area scope of work for the grading contractor because IIII� staff felt that the more efficient approach would be to bid the planting and future maintenance pp P g work together under a contractor specialized in landscape work. By doing so, the landscape contractor installing the plants would then also be responsible for maintaining them. The District w would then plant and maintain them for three would provide the plants to the contractor, ho ou d e � p pP R-13-75 Page 2 years. This work would include watering, weeding, plant replacement as needed, and monitoring of plant health. Contractor Selection The Request for Bids was issued on July 12, 2013 and was sent to nine(9) contractors and five (5)builders' exchanges. A legal notice was placed in the Half Moon Bay Review and the San Jose Mercury News. The Invitation to Bid was also posted on the District website. A mandatory pre-bid meeting was held at the Project site on July 19, 2013, and was attended by five(5)contractors. Sealed bids were due on August 5, 2013, and two(2) bids were received with the results as follows: Percent Difference Bidder Location Total Base Bid from Estimate of $65,000 1. Confluence Restoration Santa Cruz, CA TOTAL: $75,870; +16% Planting: $13,470 Not Included Maintenance: $62,400 -0.4% 2. Ecological Concerns Santa Cruz, CA TOTAL: $82,400 +26% Planting: $29,950 Not Included Maintenance: $52,450 -19% The bidders presented total base bids that were higher than the original estimate primarily because the scope of the original estimate only included the cost of maintenance, not the planting. In addition, the amount of browse protection(i.e., cages to protect plants from browsing deer and to ensure long term health and success)was greater than originally budgeted. Upon review of the bid proposals and confirmation of the contractors'qualifications, staff recommends awarding the contract to Confluence Restoration, who is the lowest responsible and responsive bidder. FISCAL IMPACT The FY2013-14 budget contains funds to cover the cost associated with planting($13,470), which Peninsula Open Space Trust(POST) is fully reimbursing as part of the Mindego Gateway Project consistent with a Memorandum of Understanding(MOU)between POST and the District. As part of the MOU, POST agreed to fund up to $15,000 a year for ten years to cover maintenance costs for a total of$150,000. Staff is currently working with POST to"front-load" the maintenance funding to provide$26,600 per year for the first three years to cover the higher initial cost of plant establishment and maintenance. The remaining $70,200 would be divided evenly across the last seven years of maintenance. The POST maintenance funding will cover the cost for Confluence Restoration to complete maintenance in FY 2013-14. If POST does not agree to increase the maintenance funding amount as proposed, the District will need to add $11,600 in the District budget in both FY 2014-15 and 2015-16 to augment POST's$15,000. In this case, the District would be reimbursed for the maintenance cost over the 10 year term. R-13-75 Page 3 BOARD COMMITTEE REVIEW The Planning and Natural Resources (PNR) Committee has previously reviewed the Staging Area project, including the planting work. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE A Mitigated Negative Declaration was adopted on June 13, 2012 (see Report R-12-3 7), which included the Mindego Gateway Staging Area and Commemorative Site projects, which includes the planting work. A Notice of Determination was filed with the San Mateo County Clerk Recorder on June 15, 2012. NEXT STEPS Upon approval by the Board of Directors, the General Manager will enter into a contract with Confluence Restoration to perform planting and landscape maintenance work for the Mindego Gateway Staging Area project and landscape maintenance work at the Commemorative Site, scheduled to begin in October 2013, once required paperwork is received. Maintenance will continue through the winter of 2016. Responsible Department Head: Meredith Manning, Co-Acting Planning Manager and Senior Planner Prepared by: Gina Coony, Planner III Alex Roa, Planner I Contact person: Alex Roa, Planner I I, i bsi jF., i Midpeninsula Regional ©pen Space District R-13-'73 Meeting 13-20 August 28, 2013 AGENDA ITEM 8 AGENDA ITEM Approval of Amendment Two of the Partnership Agreement with the City of East Palo Alto to Facilitate Completion of Phases II and III of the Cooley Landing Vision Plan I GENERAL MANAGER'S RECOMMENDATION i Adopt the attached Resolution authorizing Amendment Two of the Partnership Agreement with the City of East Palo Alto (City)to facilitate completion of Phases II and III of the Cooley Landing Vision Plan in late 2013, and late 2014, respectively. SUMMARY In February 2010, the Board authorized a Partnership Agreement with the City of East Palo Alto (City) for the Cooley Landing Area of Ravenswood Open Space Preserve(Preserve) with the goal of developing the site into a city park(see Report R-10-29). The City began construction of Phase I in 2011 and opened Cooley Landing Park in 2012. In June 2012, the City was awarded a $5 million California Proposition 84 grant to construct Phases II through Vof the Cooley Landing Vision Plan. Since then, the City has completed the design for Phase 11, which includes access road upgrades and utilities installation. Construction is expected to begin in late 2013. The City is also beginning design work on Phase III, a proposed nature education center, which is set to be completed in late 2014. City staff intends to recommend an award of contract for architectural services at the September 3, 2013 City Council meeting. The District has and will continue to provide Planning staff support to the City during the design of each Phase of work. The Amendment before the Board is a critical path item that will allow the City to construct Phase II in late 2013 and complete the design of Phase III for construction to begin in late 2014. DISCUSSION Since being awarded the $5 million Proposition 84 grant, the City has focused on implementing Phases 1I and III of the Cooley Landing Vision Plan. Toward that goal, the City hired a new project manager, Peter Geraghty, after the construction of Phase 1, which was overseen by then construction manager, Shannon Alford. The City completed construction drawings for Phase 11, which include grading and drainage improvements of the existing access road and Preserve parking lot. As part of these improvements, the road and lot will be paved and curbs installed to prevent vehicles from driving into the park. Phase II also includes installation of utilities to R-13-73 Page 2 serve the park's future nature education center and additional seeding to augment the plant material installed during Phase I. The City is in the process of hiring a consultant team to design a new education center for Phase 111. The East Palo Alto City Council had approved the removal of the existing boathouse building and directed City staff to build a new Education Center substantially equivalent in size, footprint and height to the existing boathouse and in the same location. Amendment Two of the Partnership Agreement addresses Phases 11 and III of the Vision Plan and continues to provide a framework within which the District and the City can coordinate in the future as more phases are developed and constructed. The City has coordinated and provided the District with the opportunity to review, approve, and comment on construction plans and specifications, and bid packages prepared by City staff for Phase 11 and will continue to do so for all subsequent Phases of Project construction and implementation. Amendment Two specifically addresses the implementation of Phases 11 and III of the Vision Plan and does not change the operations and maintenance requirements that were established as part of Amendment One. The District and City will continue to prepare and present amendments to the Partnership Agreement as the Project continues from one phase of construction to the next. Amendments to the Partnership Agreement, authorizing each phase, will be brought back to the Board for consideration and approval. FISCAL IMPACT Construction of Phase 11 is expected to begin in late 2013, and Phase III is expected to begin the following year. The work is being financed by City funds and City-obtained grants. No District funds will be expended other than those required for District coordination, monitoring, and review, which are included in the FY2013-14 budget. Staff estimates that Phase III will require approximately 1,500 staff hours for review and coordination. BOARD COMMITTEE REVIEW No Board Committee review was required. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE In accordance with CEQA, a Mitigated Negative Declaration for the Cooley Landing Vision Plan was certified by the City Council on February 15, 2011. No further CEQA review is required. NEXT STEPS Following Board approval of Amendment Two, Phase II implementation is anticipated to begin in late 2013 with completion estimated by mid 2014. District staff will continue coordinating with the City throughout the construction of Phase 11 and design and construction of Phase III of the Project. i R-13-73 Page 3 Attachment(s) 1. Resolution 2. Amendment Two of the Partnership Agreement Responsible Department Head: Tina Hugg, Co-Acting Planning Manager/Planner 111, Planning Department Prepared by: Tina Hugg, Co-Acting Planning Manager/Planner 111, Planning Department Contact person: i Tina Hugg, Co-Acting Planning Manager/Planner 111, Planning Department I I I I I i e ' RESOLUTION NO. 13-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMENT TWO TO THE PARTNERSHIP AGREEMENT WITH THE CITY OF EAST PALO ALTO FOR THE COOLEY LANDING AREA OF RAVENSWOOD OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District("District") does resolve as follows: Section One. The District and City of East Palo Alto are parties to the Partnership Agreement("Agreement") for the Cooley Landing Project("Project") dated February 24, 2010 and amended September 11, 2011. District and City wish to enter into a second amendment to the Agreement(Amendment Two)which, among other things, would establish a template of terms and conditions that the parties would incorporate into the Agreement to continue facilitating development of future phases of the Project. Section Two. The Board of Directors of the Midpenin ula Regional Open Space District does hereby approve Amendment Two to Partnership Agreement("Amendment")between the District and the City of East Palo Alto. The Board hereby authorizes the Board President to execute said Amendment. Section Three. The General Manager and General Counsel are further authorized to approve minor revisions to the Amendment which do not substantially change any material terms of the Agreement. The General Manager or the General Manager's designee is further authorized to execute any and all other documents necessary or appropriate to entering into the Amendment. III AMENDMENT TWO TO THE PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment Two to the Partnership Agreement("Amendment Two") is entered into by and between the City of East Palo Alto, a municipal corporation("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of California ("District"), dated ("Effective Date"). WHEREAS, the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley Landing Project("Project") dated February 24, 2010 ("Agreement"), attached hereto as Exhibit A; and WHEREAS, in contemplation of the construction of Phase I of the Vision Plan, the City and the District entered into an Amendment to the Partnership Agreement, in which the District granted the City a permit to enter the Preserve to construct Phase I of the Vision Plan, effective September 20, 2011, attached hereto as Exhibit B ("Amendment One"); and WHEREAS, the construction of Phase I of the Vision Plan, as described in Amendment One, was completed by the City in 2012 for which the City filed a Notice of Completion on November 28, 2012; and WHEREAS, following the construction of Phase 1, the applicable regulatory agencies approved, and the City implemented, a post-closure maintenance plan,the"Revised Operations and Maintenance Plan," dated July 13, 2012 ("O&M Plan"); and WHEREAS, in April 2012 the City was notified that it was awarded a grant of$5 million in California Proposition 84 funding for the purpose of completing construction of Phases 11 through IV of the Vision Plan (Phases 11 and III pertaining to access road improvements and a nature education center); and WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discuss in good faith all necessary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone; and WHEREAS, the plan review and permitting process for Phase 11 of the Project(access road improvements) is near completion, and the design for Phase III of the Project(a nature education center) is anticipated to be complete for construction in Fall 2014, and the parties have discussed certain terms and conditions that should be reflected in the Agreement going forward; and WHEREAS, District and City desire to enter into this Amendment Two to facilitate Phases 11 and III of the Project; and WHEREAS, except where specifically stated, the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement. NOW,THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein,City and District agree to this Amendment Two as follows: 1 I I II i 1. Recitals. The recitals above are incorporated by reference as though fully stated herein. 2. Grant of Permit to Enter; Conditions. District hereby grants City a permit to enter the Preserve in connection with the upcoming construction of Phase II, consisting of the installation of utilities and construction of improvements to the existing access road primarily on District property, and Phase III, consisting of the construction of a new nature education center on City property, of the Vision Plan. The permit granted by District to City pursuant to this Amendment Two to the Agreement is only applicable to Phases II and III as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into its construction agreement(s) for Phases 11 and III: a. City shall at all times comply with all applicable District regulations, and with all other applicable federal, state and local authorities, laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the areas generally described in its construction plans and specifications, and may not conduct activities on any District property outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be moved immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land,property, and people. District assumes no risk and shall have no responsibility for safeguarding Construction equipment, property, and personnel from injury,death, or damage as a result of the construction of the Project. e. All vehicles involved in Project construction shall carry properly maintained ABC fire extinguishers while on the Preserve. f. City shall cause all concrete mixing to be done in secure containments. Concrete shall not be mixed within five feet of any waterway. Cleaning of tools shall occur in secure containments; City shall not allow tools to be cleaned in drainages or water bodies. All concrete waste shall be off-hauled; water is allowed to first evaporate in containments for ease of off-haul. g. City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. It. City shall promptly notify the District upon completion of the Construction conducted hereunder. 2 3. Construction. a. Construction Plans and Specifications for Phase I1. District acknowledges that the City has provided, and the District has reviewed and commented on, in-progress plans for Phase II of Construction. For District's review, City will provide District with a final bid package for the Construction upon completion and prior to public release. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b. Construction Plans and Specifications for Phase Three. District and City agree that the City will provide the District with plans for Phase III of Construction for District review of planned work as it pertains to District property. City will provide District with a final bid package for the Construction upon completion and prior to public release. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. c. Coordination. City recognizes that the District may concurrently continue to utilize the District portions of Area B (as defined in the Agreement), which may remain open to the public except when it is necessary to close or restrict the area for safety reasons as deemed necessary by City during the course of construction of Phases I1 and III of the Project. District and City will meet and confer on a regular basis in order to coordinate all development and construction work. i d. Construction Safeguards. City shall cause all necessary safeguards for the protection of workers and the public, as required by the conditions and the 1 progress of Project work, to be erected and properly maintained at all times. i 4. Maintenance and Management of Project and Related Infrastructure. City shall retain responsibility for the patrol, operation, maintenance and management of the Project Site as described in the Agreement and its Amendment One. City further agrees and covenants that it will continue to observe and implement the requirements of the O&M Plan and ensure that Construction documents and activities incorporate all applicable requirements of the O&M Plan as it may be amended from time to time. 5. Partnership Agreement Remains in Effect. The Agreement, except as amended from time to time, shall continue in full force and effect with all other terms and conditions unchanged. If a conflict between terms in the Agreement and those in this Amendment Two arises, the provisions of this Amendment Two shall control the construction and interpretation thereof. The Parties agree that a subsequent amendment to the Agreement shall be implemented before the City initiates subsequent phases of the Project, including but not limited to Phase IV, as described in the Vision Plan. 6. Counterparts. This Amendment Two may be executed in duplicate counterparts, each of which will be deemed an original. 3 7. Authority. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS WHEREOF, the parties have executed this Amendment Two as of the Effective Date. CITY OF EAST PALO ALTO: By: Magda A. Gonzdlez,City Manager Date: APPROVED AS TO FORM By: Valerie J. Armento,Interim City Attorney Date: MIDPENfNSULA REGIONAL OPEN SPACE DISTRICT: By: President,Board of Directors Date: ATTEST: Jennifer Woodworth, District Clerk Date: APPROVED AS TO FORM: By: Sheryl Schaffner,General Counsel Date: 4 Exhibit A Partnership Agreement I i J I i PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT THIS AGREEMENT is entered into by and between the CITY OF EAST PALO ALTO, a municipal corporation, ("CITY") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public DISTRICT under the laws of California, ("DISTRICT"), dated February 24, 2010. RECITALS WHEREAS,DISTRICT's Mission is to acquire,restore,preserve and protect, in perpetuity, open space land as part of the regional greenbelt,and to provide opportunities for ecologically sensitive public enjoyment and education; and WHEREAS,District owns those certain lands more specifically identified as San Mateo County Assessor's Parcel Numbers 063-590-040, 063-590-060, 096-230-150 and 096-230-130, comprising a portion of Ravenswood Open Space Preserve ("Preserve") and which have been legislatively dedicated for purposes of public open space pursuant to the California Public Resources Code; and WHEREAS, CITY owns that certain parcel of land more specifically identified as San Mateo County Assessor's Parcel Number 063-590-030 which it has zoned for Resource Management purposes; and WHEREAS, the CITY parcel and portions of the DISTRICT parcels make up that certain promontory of land into the San Francisco Bay generally known as Cooley Landing; and WHEREAS, CITY and DISTRICT desire to further their common goal of providing accessible public open spaces to further the recreational and educational opportunities of their constituents, and WHEREAS, CITY has undertaken a planning and development process(the"Project") to enhance such public open space and the associated recreational and educational values at Cooley Landing; and WHEREAS, City intends to apply for grant funding for the Project under the Statewide Park Development and Community Revitalization Program of 2008; and WHEREAS, DISTRICT desires that the Project include the Cooley Landing Area of Ravenswood Open Space Preserve owned by DISTRICT; NOW, therefore,in consideration of the mutual promises, covenants and obligations contained herein, CITY and DISTRICT agree; i I I 1. Project Site.DISTRICT owns the real property within the City of Menlo Park, State of California, as shown on Exhibit A, attached hereto and incorporated herein("Project Site"), which consists of Area A,the upland portions of APNs 096-230-130 and 096-230-150 which are closed to the public, and Area B,within the Cities of East Palo Alto and Menlo Park, State of California, the Preserve public parking lot(portions of APN 063-590-040 and 063- 590-060)which is open to the public. 2. Term. The term of this Agreement shall commence upon execution hereof by the duly authorized representatives of the CITY and the DISTRICT and shall consist of a. Phase I-Plan development, environmental review and permitting b. Phase II-Project construction from completion of Phase I design c. Phase III—Project operation upon completion of Phase II construction I Time is of the essence to this Agreement. City shall diligently pursue completion of Phases I and II consistent with its contractual obligations for grant funding and with all otherwise applicable laws and regulations. The maximum term of this Agreement shall not exceed 30 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body. Before each subsequent phase, CITY and the DISTRICT shall amend this Agreement, as necessary to accommodate evolving conditions, including development of supplemental operations and maintenance agreements. The Parties agree to timely meet, and to negotiate in good faith,toward an extension of this Agreement, as it may be amended from time to time, at such time(s) as appropriate. 3. Site Use, Access Control and Security. a. CITY is permitted to access and use to the Project site for all purposes reasonably in furtherance of the Project plan development to be completed during such Phase I hereof. ` b. CITY shall maintain control and security of the Project Site—Area A, including but not limited to restricting public access, securing the site by fencing or other appropriate means and regular law enforcement patrols. DISTRICT shall continue to maintain and secure Area B, except as otherwise noted in this Agreement. c. CITY is responsible for opening the Preserve gate at the end of Bay Road by 9 a.m., each weekday morning(Monday through Friday), excluding CITY holidays. If CITY is unable to fulfill this obligation, City shall immediately notify DISTRICT at DISTRICT°s 24-hour Emergency Dispatch telephone number at(650) 903-6395. The District is responsible for opening and closing the gate at all other times,i.e. all evenings, all weekends, and on all CITY holidays and any time the City notifies the DISTRICT it is unable to fulfill this obligation. d. CITY, its employees, agents, contractors and consultants shall be helpful and courteous t with visitors neighbors, a officials tenants lessees and employees in all contacts w1 nei � agents,g � of the DISTRICT. DISTRICT, its employees, agents, contractors and consultants shall 2- i be helpful and courteous in all contacts with visitors, neighbors, agents, officials, tenants, lessees and employees of the CITY. CITY shall inform DISTRICT staff of all of its public meetings related to the design and use of Cooley Landing. CITY shall provide biannual updates to the DISTRICT. All signage and public documents shall recognize the DISTRICT(as appropriate) as a partner. DISTRICT shall inform CITY staff of all of its public meetings related to the design and use of Cooley Landing. DISTRICT shall provide biannual updates to the CITY. All signage and public documents shall recognize the CITY(as appropriate) as a partner. e. CITY shall promptly notify DISTRICT's 24-hour Emergency Dispatch telephone number at(650)903-6395 to report any observed or known fires,trespassing,hunting, or illegal activities on the Project Site or on adjoining District lands. DISTRICT shall promptly notify the Menlo Park Fire Department at(650) 688-8400 to report any observed or known fires and shall promptly notify the CITY's Police Department at (650)321-1112 to report any observed trespassing,hunting, or illegal activities on the Project Site. f. Except as otherwise provide herein or by express written permission granted by DISTRICT, CITY shall not during Phase I of this Agreement cause or allow any physical changes on the Project site(Area A). Such changes shall include but not be limited to grading,paving, excavating or other earthmoving activities, cutting or removing trees,native shrubs,brush or other vegetation, and damaging or demolition of improvements or structures on the Premises. g. Any use of the Project Site not specifically granted to CITY herein must be approved in writing by DISTRICT prior to such use commencing. 4. Amendment. CITY will diligently pursue development of the Project consistent with this Agreement. CITY and DISTRICT agree to meet and discuss in good faith all necessary amendments that may be needed at the completion of Phase I plan(development,review and permitting) and again at the completion of Phase 11(construction)to allow the Project to continue to the next Phase. These shall include operation and maintenance plans for Phases H and III. Should the Proposition 84 Statewide Park Program grant be awarded, and a grant contract is issued, any proposed amendments by City and District shall be submitted to the State Department of Parks and Recreation, Office of Grants and Local Services for approval. 5. Insurance. At all times during the term of this Agreement CITY shall carry general liability insurance,or a policy of self-insurance, including owned,non-owned and hired auto;property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. DISTRICT shall be named as additional insured on the policy. Said policy shall be in an amount not less than Two Million Dollars($2,000,000)for bodily injury and property damage liability in aggregate per occurrence combined single limit and One Million Dollars ($1,000,000) combined single limit for auto liability. CITY shall furnish DISTRICT with a Certificate of Insurance evidencing such insurance coverage. At all times during the tenn of 3 - this Agreement DISTRICT shall carry general liability insurance, or a policy of self- insurance, including owned, non-owned and hired auto; property damage; and death and bodily injury,covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. CITY shall be named as additional insured on the policy. Said policy shall be in an amount not less than Two Million Dollars ($2,000,000) for bodily injury and property damage liability in aggregate per occurrence combined single limit and One Million Dollars($1,000,000)combined single limit for auto liability. DISTRICT shall furnish CITY with a Certificate of Insurance evidencing such insurance coverage. 6. Indgumification. CITY hereby agree to indemnify,defend and hold harmless DISTRICT s from and against all liability for all claims, suits, damages, injuries,costs,losses and expenses, including reasonable attorneys fees and court costs, in any manner related to or arising out of the Project and/or the operation and/or the use of Cooley Landing under this Agreement to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of CITY's employees or agents or otherwise arises out of matters which,by the terms of this Agreement, are the responsibility of CITY. DISTRICT hereby agrees to indemnify, defend and hold harmless Crly from and against all liability for all claims,suits, damages, injuries, costs, losses and expenses,including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Cooley Landing under this Agreement, to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of DISTRICT's employees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in the event of claims or litigation against either CITY or DISTRICT by a third party. In the event liability arises due to the alleged concurrent negligence of CITY and DISTRICT,or any combination thereof, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 7. Termination for Default. In the event there is a breach of this Agreement by CITY or DISTRICT,the parties shall meet to resolve the matter. If the parties are unable to resolve a material matter informally, they shall attempt to resolve the matter by mediation through JAMS or other mediator agreeable to the parties. If the parties remain unable to resolve the matter, DISTRICT or CITY may terminate this Agreement sixty days following the giving of notice of such as set forth herein. 8, Applicable Laws. This Agreement shall be construed and enforced pursuant to the laws of the State of California. -4- 9. Notices: Any notice required to be given to DISTRICT shall be deemed to be duly and properly given if mailed,postage prepaid with a receipt and signature from the receiving party, and addressed to: Midpeninsula Regional Open Space District General Manager 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 or personally delivered to DISTRICT at such address or at such other address as DISTRICT may designate in writing to CITY. Any notice required to be given to CITY shall be deemed to be duly and properly given if mailed,postage prepaid with a receipt and signature from the receiving party, and addressed to: City of East Palo Alto City Manager 2415 University Avenue,2`1 Floor East Palo Alto, CA 94303 (650) 853-3100 or personally delivered to CITY at such address or such other address as CITY may designate in writing to DISTRICT,with a receipt and signature from the receiving party. 10. Waiver: The failure of any party to insist upon a strict performance of any of the terms, conditions and covenants contained herein shall not be deemed a waiver of any rights or remedies that CITY or DISTRICT may have and shall not be deemed a waiver of any subsequent breach or default of the terms, conditions and covenants contained herein. 11. Severabili1y: If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. 12. Captions: The captions in the articles of this Agreement are inserted for convenience purposes only and shall not affect the terms of this Agreement. IN WITNESS WHEREOF, CITY and DISTRICT execute this Agreement. For the CITY OF E T PALO LTO BY: Date: 3 City Manager A r ved t form f r CITY:ttes A o as o 0 City Clerk incent C. Ewing City Attorney For the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Date: I c� President Board of Directors Attest: A--' District Clerk 1 Approved as to form for DISTRICT: Susan Schectman General Counsel I Exhibit B Amendment One to Partnership Agreement I I i I II AMENDMENT TO PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment to Partnership Agreement("Amendment") is entered into by and between the City of East Palo Alto, a municipal corporation("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of California("District"),dated -7 rr, e'C' z-cil ("Effective Date"). WHEREAS,the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninstda Regional Open Space District for the Cooley Landing Project("Project")dated February 24, 2010 ("Agreement"). WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discuss in good faith all necessary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone (defined below). WHEREAS, the plan review and permitting process Milestone for Phase I of the Project, remediation and trail access is near completion and the parties have discussed certain terms and conditions that should be reflected in the Agreement going forward. WHEREAS, District and City desire to enter into this Amendment to, among other things, establish a template of terms and conditions which the parties wish to incorporate into the Agreement to continue facilitating development of future phases of the Project. WHEREAS, except where specifically stated the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement. WHEREAS, capitalized terms used but not defined in this Amendment shall have the respective meanings provided in the Agreement. NOW,THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, City and District agree to the Amendment as follows: 1. Recitals. The recitals above are incorporated by reference as though fully stated herein. 2. Project Milestones. The term"Phase"as used and described in Section 2 of the Agreement is hereby deleted and replaced with the term"Milestone." The term "Phase,"when used herein and in any subsequent amendment, shall refer to a phase or those phases of Construction as more specifically described in the Cooley Landing Vision Plan Project Plans and Specifications approved in concept by the City of East Palo Alto on July 20, 2010 ("Vision Plan") and incorporated herein by reference. 3, Term. The third sentence in Section 3 is hereby deleted in its entirety and shall be replaced with the following: "The maximum term of this Agreement shall not exceed 35 years without awritten renewal or extension entered into by the parties acting on the authority of their appropriate legislative body." 4. Fulfillment of Conditions. City agrees to cause the construction of the Project (—Construction") and fulfill all conditions imposed by the City's Planning Commission, City Council, and all applicable District regulations and other applicable laws and regulations. 5. Applicability of Mitigated Negative Declaration. City acknowledges and agrees that all activities performed or caused to be performed on the Preserve and in all Phases of the Project, now and in the future, shall be done in accordance with the Mitigated Negative Declaration and Mitigation Monitoring Program No. 10-13 certified and adopted by the East Palo Alto City Council on February 15, 2011, attached hereto as Exhibit A and made a part hereof. 6. Grant of Permit to Enter; Conditions. District hereby grants City a permit to enter the Preserve in connection with the Construction for Phase One of the Vision Plan. District and City understand and acknowledge that while the parties intend for this Amendment to serve as a template of terms and conditions to govern all phases of Project construction, the permit granted by District to City pursuant to this Section 6 is only applicable for Phase One activities as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into any Phase One Construction agreement: a. City shall at all times comply with all applicable District regulations, and with all other applicable federal, state and local authorities, laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the area specifically depicted on Exhibit B and may not conduct activities on any District property outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be moved immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land, property, and people. District assumes no risk and shall 2 have no responsibility for safeguarding Construction equipment, property, and personnel from injury, death, or damage as a result of the construction of the Project. e. All vehicles involved in Project construction shall carry properly maintained ABC fire extinguishers while on the Preserve. 1'. City shall cause all concrete mixing to be done in secure containments. Concrete shall not be mixed within five feet of any waterway. Cleaning of tools shall occur in secure containments; City shall not allow tools to be cleaned in drainages or water bodies. All concrete waste shall be off-hauled; water is allowed to first evaporate in containtrients for ease of off-haul. g. City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. h. City shall promptly notify the District upon completion of the Construction conducted hereunder. 7. Construction. a. Construction Plans and Specifications. District acknowledges that the City has provided, and the District has reviewed and commented on, in-progress plans for Phase One of Construction. For District's review, City will provide District with a final bid package for the Phase One of construction upon completion and prior to public release. City will provide District the opportunity to review and comment on construction plans and specifications and bid packages prepared by City for all subsequent Phases of Project construction prior to their implementation. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b. Commencement. Construction of the Project improvements shall commence and be performed by the City in an expedited, workmanlike manner. City shall provide District with a Construction schedule ("Construction Schedule") for each Phase of Construction within ten days following pre-Construction meetings that are held for each Phase of Construction. City shall use its best efforts to ensure that each Phase of Construction commences and proceeds in accordance with the Construction Schedule. The City shall notify the District, in writing and in a timely manner, of the tirneframes established by the City for each bid opening process for each Phase of Project construction and any modifications thereto. c. Completion. City shall take all steps necessary to cause diligent prosecution and completion of the Project construction within the times set forth in the Construction Schedule. 3 d. Coordination. City recognizes that the District may concurrently continue to utilize the District portions of Area B (as defined in the Agreement), which may remain open to the public as determined by the District in its sole discretion. District and City shall meet and confer on a regular basis in order to coordinate all development and construction work. e. Construction Safeguards. City shall cause all necessary safeguards for the protection of workers and the public, as required by the conditions and the progress of Project work, to be erected and property maintained at all times. 8. Inspection and Access to Work. All equipment, materials, and work shall be subject to inspection by the District. The District may at any time, subject to and in accordance with all applicable laws and regulations, observe the progress and quality of the work and determine, in general, if Construction is proceeding in accordance with the corresponding Construction plans and specifications. The District is not required to make comprehensive or continuous inspections to check the quality of the work, and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the District shall not relieve the City of its obligation to conduct comprehensive inspections of the work and to cause the furnishing of proper materials, labor, equipment and tools, construction of acceptable work, and providing adequate safety precautions, in conformance with the Agreement, as amended. If District discovers an issue during an inspection, the District may contact the City, and the City shall address such issue to the District's satisfaction within 30 days from the date of the District's contact with the City. 9. Default. a. Default Remedies. Failure by either party to perform any action or covenant required by this Amendment within the time periods provided herein following notice shall constitute a "Default" Linder this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Amendment, the claimant shall not institute any proceeding against the other party if(i) such party cures the Default within thirty (30) days following receipt of such notice of Default where the failure or delay is capable of being cured within 30 days, or(ii) such party immediately, with due diligence, commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence, but in any event no later than 90 days following the notice of Default, where such Default cannot be cured within 30 days. b. Institution of Legal Actions. Except as otherwise specifically provided herein, upon the occurrence of a Default, the non-defaulting party shall have the right, in addition to any other rights or remedies, to institute any action at law or in equity to cure, correct, prevent or remedy any Default, or to recover actual damages for any Default, or to obtain any other remedy consistent with the 4 purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Mateo, State of California, or in the Federal District Court for the Northern District ofthe State of California. Notwithstanding anything herein to the contrary, neither party shall have the right to recover any consequential, special or punitive damages in the event of a Default by the other party. 10. Maintenance and Management of Project and Related Infrastructure. Except as otherwise provided in Section 11 herein, City shall assume responsibility for the patrol, operation, maintenance and management ofthe Project Site. City shall be responsible for maintaining and operating all Project-related infrastructure in the manner required to serve the Project and in accordance with the use and operating covenants set forth in Section 12. II. Parking Area. City and District shall be jointly responsible for operating, maintaining and managing that area of the Project Site where the visitor parking lot is located. In the event any disagreement between the City and District arises involving the parking lot, including but not limited to issues regarding proportional use and sufficient accommodation for Preserve visitors, the parties agree to make diligent, good faith efforts to meet, discuss and develop a mutually agreeable resolution regarding any such disagreement(s). Additionally, the parties shall meet and confer prior to the commencement of each Construction Phase to assess parking lot usage and operations. 12. Construction, Use, Operating and Maintenance Covenants. City and its successors and assigns shall be required to construct, use, operate and maintain the Project in a high-quality manner and in accordance with the Vision Plan and the Project Mitigation Monitoring Program, and as more particularly provided below. a. General. City covenants and agrees on behalf of itself and its successors and assigns that City shall use and continuously operate the Project for the uses herein specified and for no other purpose. b. Governmental Requirements. City shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, labor codes, ordinances, rules and regulations, as well as the Consent Decree entered on November 16, 2005 by the United Stated District Court for the Northern District of California in the matter captioned United States of America and the State of California, by and through the California Department of Fish and Game and California State Lands Commission v. County of Santa Clara, et al. (No. CV-0373 PVT) (collectively, "Laws") which apply to the operation and use of the Project or any portion thereof, including those requiring alterations or additions to be made to, or safety appliances or devices to be maintained or installed in, on or about the Project or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Project or any portion thereof, 5 and payment of any fees, charges or assessments arising out of or in any way related to the Project or any portion thereof. All construction, use, operation and maintenance of the Project shall conform to all applicable Federal and State Occupation Safety and Health Act standards and regulations. c. General Use Prohibitions. City covenants and agrees that in connection with the use and operation of the Project, and any portion thereof, City will not: i. Permit equestrian use; or ii. Permit dogs, except guide and service dogs under physical control either participating in training program or already a specifically trained to assist the blind, deaf or disabled, and wearing an identifying vest or tag; ; or 'i'. Permit undue accumulations of garbage, trash, rubbish or any other refuse; or iv. Create, cause, maintain or permit any nuisance (as the same may be defined by applicable Law) in, on or about the Project; or v. Commit or suffer to be committed any waste in, on or about the Project; or vi. Use or allow the Project to be used for any unlawful purpose, or for any purpose which violates the terms of any recorded instrument affecting the Project; or vii. Do or permit to be done anything which in any way unreasonably disturbs the occupants of neighboring property; or viii. Cause or permit any insurance coverage on the Project to become void or voidable or make it impossible to obtain any required insurance at commercially reasonable rates; or ix. Intentionally cause or knowingly permit any material structural damage to or deterioration of the Project or to any adjacent public or private property or improvements; or x. Violate any Law, ordinance or regulation applicable to the Project. d. General Operating Standards. City covenants and agrees that it shall operate the Project in such manner and by such means as will reflect positively upon District and City. City's responsibilities with respect to operating the Project shall include, but are not limited to: 6 i. Should any unauthorized use or activity occur in Project, City may exercise its authority to correct these matters, including, where necessary, enforcing City regulations and ordinances and County ordinances. ii. City shall cause all necessary precautions to be taken to guard against and eliminate fire hazards. No smoking or open campfires are allowed on the Preserve, per District Ordinance. City shall not allow any vehicles to be parked on dry grass. iii. City shall report any encroachments or trespass by the neighboring properties upon the Project to the District. iv. The City shall set hours of Project operation to match those of the District's Preserve. v. Section 3.c. of the Agreement is hereby deleted and replaced with the following paragraph. "The parties understand and acknowledge that City intends to install an electric gate which shall open and close in accordance with the District's Preserve hours. Prior to the installation of such electric gate, City is responsible for opening the Cooley Landing and Preserve gate at the end of Bay Road by 9 a.m. and closing the gate one half hour after sunset every day. If City is unable to fulfill this obligation, City shall immediately notify District at District's 24-hour Emergency Dispatch telephone number at(650) 903-6395. The District is responsible for opening and closing the gate when the City notifies the District it is unable to fulfil this obligation." vi. Subject to District regulations, City shall issue and administer all permits for vending and special uses for the Project. District and City agree to jointly establish standards regarding the issuance of permits governing commercial solicitations on the Project Site in accordance with District Regulation section 600.1 vii. City may close portions of the Project where and when deemed necessary to avoid or correct a public health, safety or environmental hazard. viii. City shall provide for routine patrols and emergency or urgent response, to, in and around the Project, at or above the level of services existing upon the date of execution of this Agreement. c. General Standards of Maintenance. City covenants and agrees that it shall maintain, or cause to be maintained. the Project, and all improvements and landscaping within the Project (including all structures, sidewalks, pedestrian 7 lighting, landscaping, and any and all other improvements on the Project and associated open space and common areas) in high-quality condition and repair, subject only to normal wear and tear, and in compliance with the Maintenance Standards (defined below). City's compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to comparable District open space preserve. To accomplish such maintenance, City shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance work, including the provision of labor., equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Section 12.e. 'rhe following standards ("Maintenance Standards") shall be complied with by City and its maintenance staff, contractors and subcontractors: i. Maintain the Surface of all pedestrian areas level, smooth and evenly covered with the type of surfacing material originally installed thereon or such substitute therefor as shall be in all respects equal thereto or better in quality, appearance and durability; ii. Remove all papers, debris, filth and refuse, and sweep, wash down and/or clean all hard surfaces, including brick, metal, concrete, glass, wood and other permanent poles, walls or structural members as required; iii. Maintain such appropriate entrance, exit and directional signs, markers and lights as shall be reasonably required; iv. Clean lighting fixtures and relamp and/or reballast as needed; v. Maintain landscaping as necessary to maintain in high-quality condition; vi. Maintain signs, including relarnping and/or reballasting and/or repairing as required; vii. Maintain and keep in first-class condition and repair all benches, shelters, planters, trash containers, and other exterior elements; viii. Maintain and keep in a sanitary condition public restrooms and other common use I'acilities; ix. Clean, repair and maintain all common utility systems to the extent that the same are not cleaned, repaired and maintained by public utilities; x. Maintain all fountains, water Courses and associated structures, drinking fountains, pumps and associated plumbing-, 8 xi. Provide adequate security lighting in all areas during periods of unrestricted public access, and maintain all security and decorative light fixtures and associated wiring systems; xii. Maintain all surface and storm lateral drainage systems; xiii. Maintain all sanitary sewer lateral connections; xiv. Promptly remove any graffiti on or about the Project; xv. Perform landscape maintenance including watering/irrigation, fertilization,pruning, trimming, shaping, and replacement, as needed, of all trees, shrubs, grass, and other plants or plant materials, weeding of all plants,planters and other planted areas, staking for support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds, leaves and other debris; and xvi. Perform other maintenance as required by Law. 13. Indemnification. a. City agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from and against any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties,judgments, or obligations whatsoever, made in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from., arises out of, or in any way relates to the activities contemplated in this Amendment. 1). City hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims or liability were not caused by the sole negligence or willful misconduct of the District and provided such claims are related to City's activities under this Amendment or City's use of the Preserve. c. City shall be responsible for any and all personal injury and property damage on the Preserve caused by its acts or omissions as a result of any activities conducted pursuant to this Amendment, and shall indemnify the District against any and all claims, liabilities, or losses, including attorney's fees, on account thereof. d. City shall indemnify, defend, and hold harmless the District from and against any legal or administrative proceedings brought against the District, and all claims, liabilities, losses, damages, cleanup costs, remediation costs or other costs, foreseen and unforeseen, including without limitation, attorney, 9 engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on, in or under the Preserve,when the existence of such hazardous substance, in whole or in part, arises out of, is attributable to or is caused by any activities, acts or omissions by City under this Amendment, whether on-site or off-site. 14. Signage and Brochures. City shall include the following in all promotion materials about City's operations in the Project Site: "Brought to you in partnership with the Midpeninsula Regional Open Space District." 15. Partnership Agreement Remains in Effect. The Agreement, except as amended herein, shall continue in fu11 force and effect with all other terms and conditions unchanged. If a conflict between terms in the Agreement and those in the Amendment arises, the provisions of this Amendment shall control the construction and interpretation thereof. 16. Counterparts. This Amendment may be executed in duplicate counterparts, which of which will be deemed an original. 17. Authority. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS WHEREOF,the parties have executed this Amendment as of the Effective Date. CITY OF EAST PAk2O ALTO: By: 1,eOA4 ML Gordon,City Manager Date: - ?3' I Z APPROVE AS TO FO By. Date: 7v2 -Z�'1 L MIDPENI UL G O OPEN SPACE DISTRICT: By: President, Board of Directors 10 Date: \� ATTEST: District Clerk r Date: APPROVED AS TO FORM: By: A-& c_ %::oA- afr-NI-Sttr7 mmm. General Counsel SNrnVG Su+�F'Nea Date: i i 11 Exhibit A Mitigated Negative Declaration I I I MPPIGATION MONITORING AND REPORTING PROGRAM f I COOLEY LANDING PA RK PROJECT CITY OF EAST PALO ALTO JANUARY 2011 PREFACE Section 21081 of the California Environmental Quality Act(CEQA)requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. The Initial Study/Mitigated Negative Declaration concluded that the implementation of the project could result in a number of significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page I I i MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation BIOLOGICAL RESOURCES Impact BIO-1: MM BIO-1.1:A qualified biological monitor(s)will be present The project City Planning City Planning Project development during all construction work taking place adjacent to salt marsh proponents are Manager shall I Manager could result in habitats. This monitoring shall be repeated in each construction responsible for ensure all significant impacts to phase that occurs adjacent to salt marsh habitats. The monitors implementing measures are USFWS federally and state must have experience in monitoring sensitive resource issues on mitigation implemented listed endangered salt construction projects. Prior to the initiation of construction, measures MM CDFG marsh harvest mouse qualifications of the prospective biological monitor(s)will be 1110-1.1 to MM All measures shall individuals. submitted to the USFWS and CDFG for review and approval. B10-1.12 prior to, be printed on all The monitor(s)will have the authority to halt construction,if during,and after construction necessary,when noncompliance actions occur. The biological construction. documents, monitor(s)will be the contact person for any employee or contracts,and contractor who might inadvertently kill or injure a listed species project plans. or anyone who finds a dead,injured,or entrapped listed species. MM BIO-1.2: Prior to the start of any ground disturbing activities on the site,the biological monitor will provide an endangered species training program to all personnel involved in project construction. This training shall be repeated for new personnel in each of construction phase that involves ground disturbance. At a minimum,the employee education program will consist of a brief presentation by persons knowledgeable about salt marsh harvest mouse biology and legislative protection to explain concerns to contractors,their employees, and agency personnel involved with implementation of the project. The program will include the following: a description of the species and their habitat needs;any reports of occurrences Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Im lementation in the action area;an explanation of the status of the salt marsh harvest mouse and their protection under FESA and CESA;and a list of measures being taken to reduce impacts to these species during the work. Fact sheets containing this information will be distributed to all involved in the training. MM BIO-1.3:Prior to initiation of ground disturbing activities related to soil remediation or debris removal in the refugial habitat restoration area,the qualified biologist will remove pickleweed and saligrass by hand. The qualified biologist will then complete a pre-construction survey for salt marsh harvest mouse to ensure that all mice have left the work area. To prevent salt marsh harvest mice from moving through the restoration area during construction activities,temporary exclusion fencing will be placed around a defined work area prior to the start of any ground disturbing activities on the site. The fence will be made of a material that does not allow harvest mice to pass through,and the bottom will be buried to a depth of two inches so that mice cannot crawl under the fence. All support for the exclusion fencing will be placed on the inside of the project area. MM BIO-1.4: If a salt marsh harvest mouse is observed on-site at any time during construction,work will be stopped immediately by the biological monitor until the mouse leaves the vicinity of the work area on its own volition and the USFWS and CDFG are notified. If the mouse does not leave the work area, work will not be reinitiated until the USFWS and CDFG are contacted and has made a decision on how to proceed with work Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 3 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation activities. The biological monitor will direct the contractor on how to proceed accordingly. The biological monitor or any other persons at the site will not pursue,capture,handle,or harass any mouse observed. The City will contract with the United States Department of Agriculture(USDA)Wildlife Services to provide predator control services. During construction,if the biological monitor or other personnel observe ravens,crows,or other predators,they will alert USDA staff to address pre ators approprta MM BIO-1.5:All personnel and any equipment will be required to stay within the designated work sites and access corridors and will not be allowed to enter adjacent salt marsh wetlands, drainages,or habitat of listed species. Pets will not be allowed in or near the work site during or after construction. Firearms will not be allowed in or near the work sites. No intentional killing or injury of wildlife will be permitted. The work sites will be maintained in a clean condition. All trash(e.g.,food scraps,cans,bottles,containers,wrappers,cigarette butts,and other discarded items)will be placed in closed containers and properly disposed of offsite on a daily basis. No fires will be permitted at any of the work sites. MM BIO-1.6:Prior to the start of construction,a Refirgial Habitat Design Plan for the marsh restoration work at the southwestern portion of the site will be prepared by a qualified biologist for review and approval by the USFWS and CDFG. No construction associated with restoration and enhancement activities within this area will be allowed to begin until approval Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 4 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation from the USFWS and CDFG has been received. All design components incorporated into the final restoration plan will be considered in light of their benefits to the salt marsh harvest mouse. All long-term habitat restoration and enhancement items will be designed and implemented so that these areas may be utilized by the salt marsh harvest mouse for nearly 100 years given current sea level rise predictions. The restored refugial habitat in the southwestern portion of the site will remain closed to public access in perpetuity, MM BIO-1.7: Appropriate erosion control materials such as straw rolls will be installed as needed during construction activities within the project area. During construction activities, exclusion fencing(silt type)will be placed on both sides of the access road,between the MROSD gate and the east end of the access road. All vehicle speeds on unpaved roads will be limited to 15 mph. MM BIO-1.8: Hazardous materials used during the work period (e.g.,fuels, lubricants,solvents,etc.)will be controlled,cleaned up,and properly disposed of outside the tidal marsh areas. Refueling areas for any equipment will be located at upland sites outside of wetlands. MM BIO-1.9: After construction,a final clean-up will include removal of all refuse,materials,and facilities generated by the work. Vegetation will not be removed or disturbed in the clean- up process. Cooky Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 5 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation MM BIO-1.10:If requested,before,during,or upon completion of construction,the City of East Palo Alto will allow access by USFWS and CDFG personnel to the work areas to inspect effects,if any,upon the activities on the salt marsh harvest mouse. MM BIO-1.11: Subsequent to construction,the City of East Palo Alto will submit a compliance report,prepared by the biological monitor,to the USFWS and CDFG within 60 days after completion of the work. This report will detail the dates the work occurred;information concerning the success of the actions in meeting the recommended avoidance and minimization measures;any effects on the salt marsh harvest mouse; documentation of the worker environmental awareness training; and any other pertinent information. MM B10-1.12:The following describes various design measures that will further avoid impacts to salt marsh harvest mouse during project operation: • Interpretative signage will be placed along the length of the proposed shoreline trail to encourage awareness within the public of wetlands ecology,endangered species life histories,species/predator interactions,and how predation of sensitive species can be minimized. Additional signs will be placed at various points throughout the trail system to remind park users that pets are not allowed,and to indicate that trespassing is not allowed within refugial habitat restoration area. Signage in picnic areas will be provided to Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 6 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO T"imeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation indicate that feeding of wildlife is prohibited and why it is not allowed. Enforcement of the ban on dogs will be the responsibility of the City of East Palo Alto Police Department. • Educational materials and signage at the kayak/canoe launch will advise against recreational use of canoes and kayaks within or in the vicinity of the marshes of the Laurneister Tract due to danger of stranding during low tide conditions. • Trash cans,recycling containers,and the dumpster will be animal proof to reduce the amount of waste available to vermin and other predators. All loose trash(e.g.,litter,food scraps,cans,bottles,containers,wrappers,cigarette butts, and other discarded items)will be properly disposed on a daily basis. • All new lighting poles,interpretative signs,information kiosks,and fencing will be designed and established so as to discourage perching or roosting activities of avian predators (e.g.,spikes can be placed on light fixtures and other possible perches). • Native shrubs will be planted along the shoreline below the pedestrian access trail to provide visual screening between wildlife and public trail users. The shrubs will have growth characteristics that discourage perching or roosting of avian predators. Prior to implementing landscaping designs for this area,the proposed planting palette will be submitted for review and approval by the USFWS,CDFG,and predator control staff. • Use of the trail system will be limited to pedestrian and/or Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 7 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation bicycle use only. Public users will be prohibited from using all terrain vehicles(ATVs)or other motorized equipment on the parkland trail system. Battery operated wheelchairs or other similar mechanisms associated with access for disabled individuals will be allowed. • Educational pamphlets,brochures,and other materials will be provided to park users to educate the public on minimization measures that can be undertaken to prevent feral and domestic pets and rodents from diminishing habitat quality within the project area. • The City will contract with USDA Wildlife Services to provide ongoing predator control services as needed, including trapping. Impact BIO-2: MM BIO-2.1: Construction work will be initiated on or after Prior to the start A report prepared City Planning Project construction September I and completed on or before January 3 t to avoid the of construction,if by a qualified Manager could result in short- nesting season of the California clapper rail. If work in this area construction is biologist term significant is proposed after January 31 and prior to September 1,protocol initiated after documenting the CDFG impacts to federally breeding surveys for California clapper rail will be completed January 31 and results to the and state listed prior to any ground disturbing activities to determine the extent prior to survey shall be USFWS endangered California and location of nesting clapper rails. Results of protocol September 1,the submitted to the clapper rail breeding surveys will be submitted to the USFWS and CDFG for project contractor City Planning individuals. a determination of whether work proposed within 700 feet of a shall retain a Manager,CDFG, clapper rail nest(or the activity center of vocalizing clapper qualified biologist and USFWS prior rails)discovered during such surveys will be rescheduled to to complete the to construction. occur during the period from September I to January 3 1. necessary • In addition to the construction period above,the following surveys. All measures shall specific construction work may also be completed June I be printed on all through September 1: All additional construction Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 8 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation ■ Tree pruning and installation of temporary fencing measures shall be documents, around trees to remain completed contracts,and • Tree removal according to the project plans. ■ Removal of barbed wire fence,unused pedestrian bridge, specified utility poles,water tank construction • Removal of asphalt paving(16,000 sf)and gravel access timeframe by the Ioad(6,000 sf) project • Temporary construction fencing at east end of existing proponents. parking lot • Stormwater pollution prevention measures(silt fences, truck tire wash-offs,wattles,etc.) • Clearing and grubbing understory vegetation east of parcel line(avoiding wetland,shoreline,and tidal marsh areas) ■ Rough grading of upland areas • No more than 4 trucks per day importing clean soil and rough grading to distribute soil and placing only on the eastern half of the peninsula,farthest from the marsh area. • The following construction activities may only take place between September 1 and January 31: ■ Removal/relocation of concrete debris in wetland area • Rip rap augmentation along shoreline • Disassembly of steel boat launch structure between jetties ■ Revegetation efforts near the wetland or tidal marsh areas ■ Import clean fill onto the site MM BIO-2.2: Implement MM 1310-1.5 through MM 13I0-1.12. The California clapper rail and salt marsh harvest mouse are Cooley Landing Park.Project January 2011 Mitigation Monitoring&Reporting Program Page 9 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation found in similar locations in the vicinity of the project site and the measures necessary for species protection are similar for both. Thus,implementing Mitigation Measures BIO-1.5 through 1.12 relevant to the salt marsh harvest mouse would also mitigate impacts to the California clapper rail. Impact BIO-3.: MM BIO-3.1:Bank stabilization work along the shoreline will During all bank The City Planning City Planning Project construction be subject to the following measures: stabilization work Manager and/or Manager could result in • disturbance and removal of aquatic vegetation will be along shoreline by designated project significant short-term avoided; project representative impacts to federally . limit the duration and extent of in-water work to the contractors. will ensure that and state listed minimum necessary to complete the work; the contractors threatened Central . implement best management practices and use of silt fence implement the California coast or straw wattles to control sedimentation in runoff;and bank stabilization steelhead and green • complete in-water work only during low tides to minimize measures. sturgeon.g the number of fish in the vicinity,and when steelhead are less likely to be in the project vicinity(from June 1 through All measures shall November 30). be printed on all } construction MM BIO-3.2:Hazardous materials used during the construction documents, period(e.g.,fuels lubricants solvents etc. will be controlled contracts and cleaned up,and properly disposed of outside the tidal marsh project plans. areas. Refueling areas for any equipment will be located at upland sites outside of wetlands. Impact BI04:The MM BIO4.1: If possible,construction should be scheduled Prior to the start A report prepared City Planning project would result in between October and December(inclusive)to avoid the raptor of construction by a qualified Manager significant impacts to nesting season. If this is not possible,pre-construction surveys the project ornithologist nesting birds if present for nesting s to raptors will be completed by a qualified ornithologist pro n ,ents shall documentin g the CDFG Cooley Landis Park Project g J January 2011 Mitigation Monitoring&Reporting Program Pa ge I MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Imulementation on-site prior to project to identify active raptor nests that may be disturbed during retain a qualified results to the construction. project implementation. Between January and April(inclusive) ornithologist to survey and any pre-construction surveys will be completed no more than 14 days complete the designated buffer prior to the initiation of construction activities or tree relocation required surveys. zones shall be or removal. Between May and August(inclusive),pre- submitted to the construction surveys will be completed no more than thirty(30) City's Planning days prior to the initiation of these activities. The surveying Manager prior to ornithologist will inspect all trees in and immediately adjacent to construction. the construction area for raptor nests. If an active raptor nest is found in or close enough to the construction area to be disturbed All measures shall by these activities,the ornithologist will,in consultation with be printed on all CDFG,designate a construction-free buffer zone(typically 250 construction feet)around the nest. The ornithologist will submit a report to documents, the City's Planning Manager indicating the results of the survey contracts,and and any designated buffer zones to the satisfaction of the City project plans. prior to the issuance of any grading or building permit. The City will contract with the USDA Wildlife Services to address any nests found during construction in a manner they determine appropriate. CULTURAL RESOURCES Impact CUL-1: MM CUL-1.1:Should any archaeological or paleontological To be If cultural City Planning Implementation of the indicators be exposed or discovered during either site preparation implemented if resources are Manager proposed project could or subsurface construction activities,all construction work any significant encountered a adversely impact within a 50-foot radius of the find will be hafted,the City archaeological or report will be City Engineer buried cultural Planning Manager and City Engineer will be notified,and a paleontological submitted by resources. qualified archaeologist or paleontologist will be retained to resources are qualified ied examine the find and make recommendations. The City of encountered. archaeologist/ Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page I I MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Im tation Menlo Park Community Development Director will also be Contractors shall paleontologist to notified. stop work,in the the City Planning immediate area of Manager and the MM CU1,1.2:If human remains are discovered,the San Mateo the find,and City Engineer County Coroner will be notified. The Coroner will determine notify the City whether or not the remains are Native American. If the Coroner representative and All measures shall determines that the remains are not subject to his authority, Coroner as be printed on all he/she will notify the Native American Heritage Commission, appropriate, construction who will attempt to identify descendants of the deceased. documents, contracts,and MM CUL-1 3-If an archeologist or paleontologist determines project plans. that the find is not a significant resource,work will resume only after the submittal of a preliminary report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of the deceased Native American and for reburial will follow the protocol set forth in the CEQA Guidelines Section 15126.4. If the site is found to be a significant archaeological site,a mitigation program will be prepared and submitted to the City Planning Manager for consideration and approval, in conformance with the protocol set forth in the CEQA Guidelines Section 15126.4. MM CUL-1.4:A final report will be prepared when a find is determined to be a significant archaeological or paleontological site,and/or when Native American remains are found on the site. The final report will include background information on the completed work,a description and list of identified resources,the disposition and curation of these resources,testing,other I recovered information,and conclusions. Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 12 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation HYDROLOGY AND WATER QUALITY Impact HYD-1: MM HYD-1.1: Prior to the commencement of any clearing, Prior the start of The City City Planning Implementation of the grading or importing soil,the project will comply with the State grading and Engineer shall Manager proposed project could Water Resources Control Board's National Pollutant Discharge demolition by the review and result in significant Elimination System(NPDES)General Construction Activities project engineer approve the City Engineer water quality impacts Permit,to the satisfaction of the East Palo Alto Director of during construction. Public Works,as follows: finalized SWPPP. RWQCB • The City will develop, implement,and maintain a Storm All measures Water Pollution Prevention Plan(SWPPP)to control the shall be printed discharge of stormwater pollutants including sediments on all associated with construction activities;and construction • The City will file a Notice of Intent(N01)with the State documents, Water Resources Control Board(SWRCB). contracts,and project plans, MM HYD-1.2:The project will include Best Management Practices(BMPs)to control the discharge of stormwater pollutants including sediments associated with construction activities. Prior to the issuance of a grading permit by the City of East Palo Alto,the project may be required to submit an Erosion Control Plan to the City Project Engineer. The Erosion Control Plan will include applicable BMPs as specified in ABAG's Manual of Standards Erosion&Sediment Control Measures for reducing impacts on the City of East Palo Alto's storm drainage system from construction activities. MM HYD-13:The project will comply with the City of East Palo Alto's Grading Ordinance,including erosion and dust control measures during site preparation and with the Ci!y of Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 13 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO-- Timefirame and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation East Palo Alto's Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction. The following specific BMPs will be implemented to prevent stormwater pollution and minimize potential sedimentation during construction: • Restrict grading to the dry season(April 15 through October 15)or meet City of East Palo Alto requirements for grading during the rainy season; • Utilize on-site sediment control BMPs to retain sediment on the project site; • Utilize stabilized construction entrances and/or wash racks; • Implement damp street sweeping; • Provide temporary cover of disturbed surfaces to help control erosion during construction; • Provide permanent cover to stabilize the disturbed surfaces after construction has been completed; • No equipment will be operated in tidal water areas of the shorelines on or adjacent to the site; • All in-water work will only be completed during low tide to minimize the number of fish in the vicinity; • No debris,soil,silt,sand,bark,slash,sawdust,cement, concrete,washings,petroleum products,or other organic or earthen material will be allowed to enter into or be placed where it may be washed by rainfall or runoff into aquatic or wetland habitat; • Standard erosion control and slope stabilization measures will be required for work completed in any area where erosion could lead to sedimentation of a water body. For Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 14 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation example,silt-fencing will be installed just outside the limits —Implementation of grading and construction in any areas where such activities will occur upslope from,and within 50 feet of,any wetland,aquatic,or marsh habitat. This fencing will be inspected and maintained regularly throughout the duration of construction; • Machinery will be refueled at least 60 feet from any aquatic habitat,and a spill prevention and response plan will be developed and approved by the City of East Palo Alto. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill Occur. • Soil stockpiling,equipment staging,construction access,and other intensive soil-disturbing activities will not occur immediately adjacent to any wetlands. The limits of the construction area will be clearly demarcated with Environmentally Sensitive Area fencing by a qualified biologist to avoid inadvertent disturbance outside the fence during construction activities, • Dust suppression(e.g.,using watering trucks)will be implemented during all grading,construction,and soil stockpiling activities that have the potential to mobilize dust to keep dust from being transported to vegetated wetlands nearby. If soil stockpiles are to remain on the site for long periods of time prior to the start of grading,they wil I be hydro-seeded so that vegetation will suppress dust and inhibit erosion. Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 15 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility Method of Oversight of for Compliance Implementation Implementation LAND USE Impact LU-1: MMLUI.I: Prior to opening the Cooley Landing area to The project Approval from MROS D and Implementation of the fishing and boating,project proponents shall obtain MROSD proponents shall MROSD City Planning fishing and boating designation of the area as a permitted fishing and boating area. obtain necessary Manager provision of the project In the event that such designation is not obtained,facilities will designation for could result in a be designed to discourage such uses and signs prohibiting fishing fishing and conflict with MROSD and boating will be posted. boating from land use ordinances. MROSD SOURCE City of East Palo Alto,Cooley Landing Park Project Initial Study,December 2010. Cooley Landing Park Project January 2011 Mitigation Monitoring&Reporting Program Page 15 Exhibit B Construction Area � II 2 Phase Two:Bay Road Improvements 5 Phase Five:Trails and Interpretive Areas 1 Phase One:Clean up,Trail Access,Permitting Regrade and pave access road to east end of parking lot Secondary unpaved trails Multi-use trail loop through site Pave and expand parking lot - Sealing areas Demolition and site clean up for entire site Improved multiuse trail alongside access road Viewing and interpretive areas Rough gracing,import fill,fill in dreoge pit for entire site Utilities infrastructure to east end of parking lot (including historical dredge exhibit) - Restore wetland and tidal marsh (water,sewer,electrical) Reseed grasslands and meadow area for entire site Security lighting to east end of parking lot ! Viewing and int♦� n3 eryxehve Arer, Fntn•Ni ..,no—, N.Y',0.vw-y kl%Y bUb.rr�.aCw3 • , r--Boat House Swidmy SecurKfary unpaved Traa- 1 Caas,, .-lea fow.u.C.I.a•dxl. k ambr Tumaround and P:trkutg Leary Area as RC6rro a•Cyrot A,ua pa. mi Mau,Paved Tram lAoprdx t,;l rrutei hhsfoncai Drwtge Interpretive Area and windbreaa f_,nw..Prv,..:tal:Pa:er-.rlrtL,�rlprw 7.7 tic nu:, ! •- '-� r- tt���^—__ - ♦ ,/ , ... ,:: ,.:...,• :-,:o.wa, we EmOng Paring 1 MROSD Exµa,xlw ♦ r~• I r�� fr,...�.�a.,, 1 I / •i ^_r a t Owned by MROSD; uaaaram nru feu3r:1¢a ParW yynu. I ;� �,w O City of Menlo Parv.Jurisdiction A,rtaoo., 40 ._ -- - --- -- -- 000i 4F i s r__�/♦ / f Restored Twat Marsh ♦ l r_ , O -Yartlarw w Manu 7rri,r,u:hL O It ; 1♦ 1 6 + —vw+ ku xyP O ^__ /� ra N ax a vaw„ _ w Nil 00 I ,40 Acr s leis 5a�is �, •„ .'Zo O ,r,...•. DPe, r ..I,�>: �� 1 � ¢urc Typ— - �-��Padurg O o ar.:ar.�r.... ewstuxJTrm, Typ..� Expane�mt rahrrrnea � II Arnde sr.vve ,+ Owned by MROSD: - Gravel park "(xo u ft rr �' tI , ,/+ r..,..s/ 4* City of Menlo Park A.vatat«crnrrnMP, , O - �'C Jurisdiction Fisn,ng Pi it Ovaroos. / Fi,h,ng P,er -,,iurnc:ra,cn r Welland '---' vrsr:,V"'A N•,r«er.b.•nwnW.xt:a lav - ,. a!wNO o Solit-Rail Ferrcanp r,+ ®N.TS O3 Phase Three:Vehicle Access&Building Reuse 4O Phase Four:Outdoor Classroom&Picnic Area Parking,dropoff,turnaround,overflow parking,bus waiting area - Outdoor classroom area Extension of access road - Picnic area Extenson of utilities infrastructure(water,sewer,electrical; Extension of pathways Building reuse Interpretive master plan and design O Phase Six:Viewing Piers and Additional Parking Indoor exhibits Viewing piers Entry plaza Parking along south side of drop-off circle Pbuftom and(rash enclosure Midpeninsula Regional Open Space District R-13-79 Meeting 13-20 August 28, 2013 AGENDA ITEM 9 AGENDA ITEM Budget Guidelines for Board Conference Attendance GENERAL MANAGER'S RECOMMENDATION Approve revisions to Board Policy, "Budget Guidelines for Board Conference Attendance," adjusting the amount of funds budgeted annually for Board Members to attend conferences and trainings related to District business. SUMMARY On March 22, 2000, the Board adopted the policy"Budget Guidelines for Board Conference Attendance"to establish funding levels and guidelines for Board Members' attendance at professional conferences and trainings related to District business. As part of the approval of the FY2005-06 budget recommendations, the Board adopted a minor amendment to the policy on March 23, 2005. The current funding levels are low compared to the conference and training funding levels provided for elected officials in local government in the region. To increase opportunities for Board Members to attend conferences and trainings in order to keep current on best practices related to District business, staff recommends increasing the amount of funds budgeted from $1,200 per Board Member per four-year term,to $1,000 per Board Member per fiscal year. In addition, staff recommends the following: the cost of"essential trainings"be funded separately from the above funding allotment, the$3,000 per fiscal year continue to remain available for specific conferences for the Board President and/or other designated Board Member, and other clarifying language be added to the policy. DISCUSSION Funding levels and guidelines for Board Member attendance at conferences and trainings have not been reviewed since 2005. Review of this policy is the first in a series of Board policy reviews that the General Manager's Office intends to conduct and bring forth to the Board, and designated Board Committees as necessary, to update administrative policies and practices. The current policy(Attachment 1)provides $1,200 per Board Member per four-year term,plus an additional $3,000 per year for the Board President and/or other designated Board Member to attend specific conferences. However, registration for many conferences can cost at least$500. Travel and lodging, if outside the region(yet within California), can cost more than $800 for a three-day conference. This cost can be greater for out of state conferences, when out-of-state R-13-79 Page 2 travel is warranted. Therefore, one conference in four years could easily exceed a Board Member's budget for training, conference, and travel for their entire term. The current policy's funding levels for training, conference, and travel for elected officials are low for the region. A survey of cities in Santa Clara County, with responses received from six cities, reveals funding levels ranging from an average of$1,444 to $7,857 per Council member per fiscal year. This average includes additional funding often allotted to the Mayor or for collective pooled usage. The average funding level under the District's current policy is $729 per year, which is approximately half of the lowest of the surveyed cities. Under the recommended policy revisions, the annual funding level for the Board would average$1,714. Although this funding level is on the lower end of best practices from neighboring cities, it is a significant increase over the current funding levels and would appropriately enhance Board Members' ability to attend important trainings and conferences on an annual basis in order to benefit the business and public outreach of the District. The main recommended policy changes include: • Increase the"General"category of funding from $1,200 per Board Member per four-year term to $1,000 per fiscal year per Board member. • Continue the $3,000 per fiscal year"Specific"category of funding available to the President and/or other designated Board Member, but broaden the definition of"specific" conference or training beyond the Special Park District Forum or the California Special District Association; although these two events remain as important and beneficial specific events, there may be other events that would be equally or more important to attend in any given year. • Add an"Essential Training" category intended to fund trainings that are highly recommended for elected officials related to executing the official duties of an elected office. California Special District Association trainings may fall into this category, as may other statewide trainings. • To ensure transparency to the public in usage of conference funding, include a requirement that attendance at conferences or trainings will be reported to the Board at an open public meeting in advance of attendance, and continue the requirement of a summary of the conference being reported out to the Board following attendance. • Clarify that it is not the intention of the Policy to pro-rate funding levels, nor seek reimbursement, in the event of a newly elected Board Member or a new Member appointed to serve a portion of a term to fill a vacancy. For example, a newly elected Board Member seated in January would be eligible for$1,000 in ftmding for a conference or training between January and the end of March, and then another$1,000 beginning in April for the new fiscal year. • Clarify that reimbursement guidelines pursuant to this policy will be in accordance with applicable State and federal laws and the detailed guidelines found in the District's Administrative Policy, "Travel, Lodging, and Meal Reimbursement." The recommended policy revisions are shown in Attachment 2. The District's Administrative Policy on travel, lodging, and meal reimbursement is provided as Attachment 3. FISCAL IMPACT If the Board approves the recommended policy revisions, $12,000 will be recommended in the FY 2013-14 budget for Board Member training, conference, and travel. Currently, funds are not R-13-79 Page 3 specifically budgeted for Board Member training, conference, and travel. Instead, reimbursements are made out of overall budget savings. The actual fiscal impact will vary from year to year depending on Board Member utilization of their allotted funding. ALTERNATIVES The Board may wish to consider the following alternatives: 1. Approve a different(higher or lower than$1,000 per fiscal year) amount of funding for the"general"category; 2. Do not include the"essential training"category and instead have such trainings come out of the"general"or"specific"categories; 3. Refer review of the recommended policy revisions to a Board Committee; 4. Do not make any changes to the policy at this time. BOARD COMMITTEE REVIEW This policy revision recommendation was not reviewed by Board Committee. The General Manager, in consultation with the Board President, determined full Board consideration would be appropriate as a course of action, as the policy revisions affect each Board Member. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This policy revision recommendation is not a project under CEQA. NEXT STEPS If the policy recommendations are adopted by the Board, the new funding levels will become available immediately for conference and training expenses not yet incurred. In addition, each Board Member will continue to have available to them, for the remainder of this fiscal year, their balance of the existing policy's $1,200 per four-year term allotment. This provision is necessary to equitably handle the difference between Board Members who may have already utilized all or a portion of their$1,200 allotment and those who have not. For the remainder of FY2013-14, budget savings will be utilized to augment the conference and training budget as necessary. Beginning in FY2014-15, the new funding levels will be budgeted. Attachment(s) 1. Board Policy"Budget Guidelines for Board Conference Attendance" 2. Recommended revisions to Board Policy 3. Administrative Policy"Travel, Lodging, and Meal Reimbursement" Responsible Department Head: Steve Abhors, General Manager Prepared by: Kevin S. Woodhouse,Assistant General Manager Budget Guidelines for Board Conference Attendance Approved by the Board March 22, 2000 Amended March 23, 2005 Objective: It is important that Board Members are afforded the opportunity to keep current on legislation, policies,practices and other matters pertinent to District business. Therefore, a modest amount of money should be budgeted each fiscal year for Board attendance at conferences and seminars directly related to open space preservation and management practices of other parks and open space agencies. Expenditure of District funds associated with such conferences and seminars shall not be directed to a political candidate,ballot measure, nor a contribution to any non-profit entity, but shall be used solely for actual and necessary conference expenses such as travel, lodging, food and registration fees. I. Each fiscal year, a total of$5,100 will be budgeted for Board Member attendance at conferences and seminars directly related to open space preservation and/or administration of parks and open space organizations, to be allocated as follows: A. Specific: up to $3,000 total to provide for 2 conferences at an estimated amount of$1,500 each, as provided in Section 2 below. B. General: up to $1,200 per Board Member per four-year term, as provided in Section 3 below. 2. Attendance at a specific conference will be assigned as follows: one conference for the President, or other Board designee(ordinarily in descending order of the elected Board officers for the year), to attend the annual Special Park Districts Forum; and one California Special District Association training for a newly elected Board Member, or for a Board Member who has not attended that particular training and now desires to do so. In the event it is unnecessary for a newly-elected Board Member to attend board member training, such as the California Special District Association Conference, a second Board Member may be designated by the Board President to attend the Special Park Districts Forum Conference. This expense would be exclusive of that Board Member's budgeted allowance for conference attendance noted in Section 3 below. 3. Each Board Member may decide to attend appropriate general conferences or seminars related to District business up to his/her budgeted allowance of$1,200 per four-year term without further Board approval. Attendance at such a conference or seminar will be reported to the Board in advance of attendance, and a summary report of the conference itself will be reported following attendance. Each Board Member shall have the discretion to use his/her full budgeted allowance at any time during his/her term. All appointed or elected Board Members are eligible to expend the full $1,200 conference allowance at any time when serving a four-year term. When serving a partial term, due to such factors as appointment to serve a portion of a term to fill a vacancy, the Board Member will receive a pro-rated allowance. In the event a Board Member must resign from the Board prior to the end of his/her four- year term due to illness or other cause, it is not the intention of this Policy to seek reimbursement of this conference allowance. 1 Budget Guidelines for Board Conference Attendance Approved by the Board March 22, 2000 Amended March 23 2005 and Arr<Yust 28. 2013 Objective: It is important that Board Members are afforded the opportunity to keep current on legislation, policies,practices and other matters pertinent to Midpeninsula Regional Open ,pace District (District) business. Therefore, ior'e:* amowit ''moneyfunas should be budgeted each fiscal year for Board attendance at conferences and sefninaf=s-trainin<gs directly .I'll, related to ., , lees Open , ,. I aes0istrict business. Expenditure of District funds associated with such conferences and trainings shall not be directed to a political candidate-or ballot measure, nor a contribution to any non-profit entity, but shall be used solely for actual and necessary conference expenses such as travel, lodging, food and registration fees. 1. A. Each fiscal year, , total of S5, Funds will be budgeted for Board Member attendance at conferences and �trainings directly related to open spaeei. sQistrict business, to be allocated as follows: , 1. 2-- -S ecifiic Funding: LJp to v3,t?()() total per fiscal vcar to provide for conferences Attenkfanee at . speeifiefe =3! b�assigned as follows: one conference for the President,or other Board designee(ordinarily in descending order of the elected Board officers for the year),to attend a conference related to District business such as the annual Special Park Districts Forum, and one Calit4fiia i , .Nssoeiatiofi training for a newly elected Board Member,or for a Board Member who has not attended 4+a4-a particular training and now desires to do so, such as a training, bythe ('ahfornia Special District Association. In the event it is unnecessary for a newly- elected Board Member to attend board member training, such as the California Special District Association Conference, a second Board Member may be designated by the Board President to attend a conference related to District business such as the annual Special Park Districts Forum 44i;- e�i Funding provided for in this section is into ded to would be exclusive of that Board Member's budgeted allowance for conference attendance noted in Section 3 2 below. 2, 3—C;eneral Funding: Lip to S1,000 per Board Member per fiscal .year. Each Board Member may decide to attend appropriate general conferences or s .... trainings related to District business up to his/her budgeted allowance of$1,24�000 per �)ur .-eaf tefi tscal year without further Board approval. Attendance at such a conference or seminar will be reported to the Board at an open public meeting in advance of attendance, and a summary report of the conference itself will be reported following attendance. 2.3.Essential Training Funding. Up to $2,000 total per fiscal year for the entire Board to provide for essential trainings. From time to tirne 4iefe-q+i.-trainings related to executing the official duties of an elected office are offered foi- local gwy,ernment elected officials by organizations, sucti-as,the California Special District Association- that ai-e essential 4)F Ajeials to leam atid t'emai+i ew+en� -A,ith best exeeL44H�t offieial duties ofeleeted Aii-e, Such trainings that are identified by individual Board Members,of*ytl3�Gcticral Nlanager, or General Counsel, in consultation with the Board Presideill. as essential for individual or multiple Board Member(s) shall be funded independent of the Board Membei's bLifeted allowance +i*+w-das outlined in Sections I and 2 above. Attendance at such training's will be reported to the Board at an open public meeting hi advance of attendance, and a sunimatj report of the training itself will be i-el2orted following attendance. B. Each Board Member shall have the discretion to use his/her full budgeted allowance of S 1,000 at any time during his,,het-ter-mthe fiscal year. All appointed or-eleeted B Membef-s are eligible to expend �he 441 S1,200 900 eoHl;eFenee aflO-A,ftfiee 1." —.7 1-- wheo set-,'in a t;our yeaf-ten:ndur-ing the !;Sea! SALhen eEveii if serving a partial +t+myear-. due to such factors as appointment to serve a portion of a term to fill a vacancy,,_ -i-11 appointed or elected Board Members are eligible to spend the full budgeted ai-nountz-- the Board N4ember-will Fated alleovaiie-e. Hmvevei% unused futidin-(T from one Fiscal year is-not intended to be available to SUV121emetit another fiscal year's funding. In the event a Board Member must resign from the Board prior to the end of his/her four- year term due to illness or other cause, it is not the intention of this Policy to seek reimbursement of this conference allowance. 43-.C. Funding bodi4i-IoEl i ii i i-of4anee-w4hal lotted to each respective Board member under this policy may be used for conference or training, registration fees and travel expenses such as lod ging, meal expenses, transportation, and other appropriate expenses for District bUSiness, which may be calculated in a manner that is consistent with sefibed in the District's Administrative Policy concerning Travel, Lod ring, and Meal Reimbursement, and in accordance witil applicable state and federal laws. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Policy AP-05-02 Date 8/1/05 Supersedes AP-83-6 AP-78-10,AP-77-2 Amendments None ADMINISTRATIVE POLICY TRAVEL,LODGING&MEAL REIMBURSEMENT POLICY I. Purpose Statement The purpose of this policy is to identify and clarify those instances for which the District will reimburse employees for travel, lodging and meal expenses. This policy applies to all full and part-time District employees (including interns) authorized to incur expenses on official District business. 11. Policy and Procedure The policy of the District is that costs for travel in conjunction with conducting District business shall kept at a minimum. Staff will select the most economical travel arrangements,whenever possible, considering direct costs as well as staff time. Employees will be reimbursed for actual and necessary expenses incurred by the employee while conducting District business. An employee is required to request and receive prior approval from his/her department manager for all expenses that may be reasonably anticipated in the course of travel. The District will not reimburse any expenses for family members or guests. The General Manager or designee is authorized to provide interpretations and take such action as may be necessary or appropriate to implement this policy. A. Local Travel Employee attendance at one day events not requiring commercial travel or lodging shall be approved by the Department Manager. B. Non-local Travel Attendance at District events that are non-local (requiring lodging and/or commercial travel) shall be approved by the General Manager. Once the travel is approved by the General Manager, the Travel Expense Pre-approval form shall be approved by the Assistant General Manager. 111. Definitions For the purposes of this policy the following definitions shall apply: A. District Business District business consists of those authorized activities performed by an employee of the District, acting within the scope of his/her employment, on behalf of the District. This includes attendance at a meeting, or a training/conference, which enhances the professional development and knowledge of District staff. Travel,Lodging&Meal Reimbursement Policy Page 2 B. Headquarters Headquarters shall be defined as the place where the employee spends the greatest portion of regular workdays or working time, or where he/she most frequently reports for work. C. Travel Expenses Travel expenses include lodging and meal expenses, transportation, and appropriate expenses for District business. The term"travel expenses"does not include those expenses related to the employee's daily commuting expenses between their residence and work during his/her scheduled workweek. 1. Transportation expenses consist of charges for commercial carrier fares; private car mileage allowance; parking fees; fuel(unless private car mileage allowance given); bridge and road tolls; necessary bus, taxi, rental car and other charges essential to transport the employee to and from his/her residence or official headquarters to the location of the meeting, training, conference or other District business. 2. Business expenses consist of the charges related to travel such as business phone calls,unforeseeable equipment or supply purchases, and other expenses necessary for the completion of District business. 3. Expenditures for nonessential or personal items such as alcohol, newspapers, movies, or entertainment are not reimbursable. IV. Lodging The District will normally reimburse an employee for the actual lodging expenses for hotel accommodations arranged by the conference/training organizer, which should not exceed the published room rate,plus taxes and parking. In the case of lodging other than at the conference/training site, or while on other District business, the employee will be reimbursed for the lowest appropriate lodging available, taking into consideration the employee's safety, distance to the conference/training/business site and the quality of available lodging. In the event an employee would like to attend an approved but optional conference/training and the department's conference or training budget is not sufficient to cover the cost of the accommodations for such conference/training, the employee may elect to pay for a portion of the accommodations cost in order to participate. Any such cost sharing arrangement must be agreed upon in advance as part of the"prior approval" process. V. Meals The specific reimbursement guideline for breakfast, lunch and dinner shall be set annually by the General Manager. The District will reimburse employees for actual meal expenses, including tax and tip,up to the amount approved by the General Manager each year. The specific meals that will be covered during travel must be agreed upon in advance with the department manager. Alcoholic drinks are not a reimbursable expense. Travel,Lodging&Meal Reimbursement Policy Page 3 Please note the following limitations: • Where the conference/training site or hotel includes meals in the cost of the registration, such meals shall not be included in the reimbursement allowance. • When the trip has a duration of 24 hours or less, breakfast may be claimed if the travel requires the employee to leave their residence two(2)hours or more before the start of their normal shift; dinner may be claimed if the travel requires an employee to return to his/her residence 2 (2)hours or more after the end of their normal shift. • In order to claim reimbursement for a business-related meal not connected with a conference or training, the meal must be for the purpose of meeting with an outside business related contact, such as a consultant or other agency representative, and must be approved in advance by the employee's department manager. V1. Travel When employees are approved to use their own vehicle for travel, the reimbursement rate will be at the mileage rate established by the IRS. A. Vehicle Rental When approved to rent a vehicle, an employee shall use a rental agency under State contract whenever possible, and shall purchase the vehicle liability and loss waiver coverage. Vehicle rentals should result in the lowest appropriate cost to the District. B. Non-Local Travel For non-local travel, reimbursement will be made for the method of transportation that is most economical, considering both direct expense and the employee's available time. An employee may use a more expensive form of transportation but will be reimbursed at the least expensive form of transportation as determined by the District(i.e. first class air versus coach). Exceptions to this procedure may be allowed in the case where a disability accommodation has been requested and approved in advance by Human Resources. In the event that an employee elects to conduct any personal business during a District business trip, the employee will be responsible for any expense incurred for such personal business. C. Local Travel Staff is encouraged to use a District vehicle and District gas credit card for local travel. If an employee elects to take his/her personal vehicle, and has been approved to drive his/her personal vehicle under the VEHICLE AUTHORIZATION AND PROOF OF INSURANCE REQUIREMENTS POLICY, the employee will be reimbursed for mileage in accordance with that policy. When an employee travels from his/her home directly to a business related event, the reimbursement request shall include only those miles which exceed the number of miles the employee normally commutes to work. Travel,Lodging&Meal Reimbursement Policy Page 4 V11. Travel Advances A travel advance may be requested when it is not feasible to use the District's credit card or when the employee chooses not to use his/her own credit card. Travel advances must be requested a minimum of two (2) weeks prior to travel, and must be approved by the department manager. Advances for registration fees or lodging costs will be made at 100%of the published rate. Travel advances will generally not be given for anticipated meal expenses; however, when approved, advances for meal expenses will be at 75% of the allowance maximum for the approved meals. V111. Recordkeeping Employees must keep accurate and complete records of actual expenses incurred, including receipts and other proof of payment. Employees will not be reimbursed for costs that are not properly documented. Employees shall submit all records of expenses within two(2) weeks of completion of the event or travel, unless an exception is approved by the Asst. General manager, and must be submitted in time for the costs to be expensed within the fiscal year that the expenses are incurred and budgeted. IX. Variations From the Guidelines Employees requesting variations from these guidelines must have them approved in advance by the General Manager or designee. X. Exceptions This policy shall not apply to mandatory extended training (longer than one week in duration), such as the Ranger's Law Enforcement Academy. Reimbursement rates for extended training will be developed by the individual department concerned and communicated to the employee in advance of the training. In the event of any conflict between this Policy and the provisions of State or Federal law or a Memorandum of Agreement between the District and any recognized employee organization, those provisions will supercede this policy. Approved: Dated: August 1, 2005 L. Craig Britton,General Manager Jennifer Woodworth From: Ana Ruiz Sent: Wed To: Ceo|y Harris; Curt Riffle;Jed Cyr; Jennifer Woodworth; Larry Hmoaeft; NonetteHonko; Pete S Steve Abborm; YorhoKishimobo u.o: Kevin Woodhouse Subject: FVV: agenda questions Dear Board, Please see responses to questions raised by Director Kishimoto on tonight's Board Agenda: What are the hqurLy rotes for various types of services to be provided under this contract? QUESTA ENGINEERING Principal G170.00- 180.00 Senior Professional $146.00-180.00 Professional $130.00- 140.00 Associate Professional $95.00- 120.00 Technical Staff $80.00-90.00 Drafting &Technical Writing $80D0-95.00 � Administrative Staff $05.00-75.00 INDEPENDENT SUBCONSULTANTS Charles Redfield, PE, Principal Structural Engineer, NRV ...................................................... $177.00 Michael Kent, Principal Environmental Planner ..................................................................... 125.0O � Josh Abrams, Transportation Planner .................................................................................... $85.00 Sam McGinnis, Phl), Wildlife Biologist ................................................................................... 10O.0O Jane Voohum. Botanist/Wetlands Specialist ........................................................................... 1D5.00 Geoffrey H. Hornek. Air Quality and Noise Specialist............................................................. 1O0I0 ROCKRIDGEGEOTECHNICA&. INC. � Craig �h��o Phm�pe Engineer ' � �18��)O � ~ S. . . � ~ ---------------------------' � � SeniorEngineer ....................................................................................................................... 135lX] � � Project Engineer/Geologist ...................... .............................................................................. 11O.0O � Staff �d ----------------------------------- 1OOlD) � _.~'—_ - _-~ � TOM ORIGER &ASSOCIATES � Principal .................................................................................................................................... QO.0O � Project Director ......................................................................................................................... 7GI0 � Archaoo|ogimt -----------------------------------------. 50-00 � � ALsm, :m/u1d it make sense to have two ^qupLified^ vendors ovai1abLe to provide service? � All four consultant teams listed in the Board report who submitted proposals have been qualified through this RFCUz � process and are all available to the District to provide consulting services. District staff can negotiate a contract directly � with any one of the consultant teams and obtain a cost proposal for a particular project that they need the consultant � toam'a services for. Please refer mid-way on page 2nf the Board report: "Any District staff needing services within these � categories can—negotiate a contract directly with the consultant pool without additional public advertisement of a new RFOP.^ For this particular contract and associated project work, the Questa Engineering team was deemed the most qualified nf all the proposers. Item 8: cooLey Landing: * East PoLo ALto decided they are not interested in the options for ��yo� or fishing? � ~ City staff has deferred discussion about potential use changes until after Phase 2 and Phase 3 are complete and the park ioinoperation. This is to better understand what the community would like the City to pursue with the District. Because the park is not yet complete, the current use does not likely reflect the use that is anticipated after the Nature Education Center is constructed and other site amenities such as picnic areas are implemented. * 1580 staff hours for review and coordination - oLmost a fuL1 FTE - why anticipate such Large time commitment? During last fall's Action Plan development, District staff had anticipated working with City staff this fiscal year on a broad range of tasks, including several agreements with outside agencies and working with the Board to consider additional uses such aofishing and kayaking. However, these tasks were deferred until after Phase 2 is complete and Phase 3 is under way. Therefore, staff anticipates transferring this time to next fiscal year. This time reflects the total anticipated staff time coming from multiple departments: Real Property, Legal, Operations, and Planning. Ana Ruiz -----OriQinml Message----- From: Yoriho Kishimoto [mailtn:ykishimotm@earthIinh.net] Sent: Wednesday, August 28^ 2013 11:I6 AM To: Steve Abbors � [c: Ana Ruiz; Kevin Woodhouse � Subject: agenda questions � Hello - sorry I was away and catching up' Z don't expect written responses before today's meetings - just head's up. Item 6 - general engineering contract: what are the hourly rates for various types of services to be provided under this contract? * also, would it make sense to have two "qualified" vendors available to provide service? � Item O: cooIey landing � * East Palo Alto decided they are not interested in the options for kayak or fishing? � * 1500 staff hours for review and coordination - almost a full FTE - why anticipate such large time commitment? Thank you! Yoriko � �