Loading...
HomeMy Public PortalAbout20121128 - Agenda Packet - Board of Directors (BOD) - 12-37 Midpeninsula Regional Open Space District Meeting 12-37 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos,CA 94022 Wednesday, November 28, 2012 REGULAR MEETING BEGINS AT 5:00 P.m.* AGENDA 5:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLOSED SESSION ROLL CALL ORAL COMMUNICATIONS—PUBLIC I. CONFERENCE WITH LEGAL COUNSEL—(Government Code section 54956.9(b) Significant exposure to litigation—Lehigh Matter 5:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— STUDY SESSION I. Discuss the Purpose of the Vision Plan Community Advisory Group and Proposed Key Principles Related to its Formation—A. Ruiz and S. Sommer 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 I. Approve Minutes of the Special and Regular Board Meetings—November 14,2012 2. Approve Revised Claims Report 3. Approve Written Communications—None 7:05 CONSENT CALENDAR(CONTINUED) 4. Consider Approval of a new Master Communication Site Lease at the Russian Ridge Open Space Preserve (Rolfe Repeater Site); a Communication Permit Agreement at the Russian Ridge Open Space Preserve(Rolfe Repeater Site); a Communication Permit Agreement at San Francisco Public Utilities Commission Property (Pise Hill Communication Site) with San Mateo County; and Deten-nine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act—A. Ishibashi 7:20 BOARD BUSINESS 5. Appointment of Andrew Verbrugge as a District Peace Officer—D. Sanguinetti 6. Approval of Memorandum of Understanding with Midpeninsula Regional Open Space District Field Employees Association and Approval of Salary and Benefits for the Office, Supervisory,and Management Employees—K. Drayson 7. Award of Contract for Interim Assistant General Counsel Services with the Law Finn Shute, Mihaly and Weinberger, LLP,in an Amount Not-to-Exceed$248,795 through March 31,2014—S. Schaffner 8. Approve the Purpose and Formation of the Vision Plan Community Advisory Group as Presented by Staff and Refined by the Board of Directors at Tonight's Study Session on the Vision Plan Community Advisory Group A. Ruiz and S. Sommer 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 njaY appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS TIIEBOARD: 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 ql'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. CERTIFICATION OF POSTING OF AGENDA 1,Michelle Radcliffe,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 November 21,2012,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 hup: www.opem,pacc am,-,. Signed this 2 1'day of November,at Los Altos,California. rQ 'TM District Clerk November 21,2012 Midpeninsula Regional Open Space District R-12-119 Meeting 12-37 November 28, 2012 STUDY SESSION AGENDA ITEM I AGENDA ITEM Discuss the Purpose of the Vision Plan Community Advisory Group and Proposed Key Principles Related to its Formation GENERAL MANAGER'S RECOMMENDATION Discuss and provide input to staff on the purpose of the Vision Plan Community Advisory Group and the proposed key principles related to its formation, including refinements to the recommended preliminary list of participants. SUMMARY The Midpeninsula Regional Open Space District (District) Vision Plan Project would greatly benefit from the creation of a volunteer Community Advisory Group to participate in the Vision Plan as an important component of the overall strategy to meaningfully engage the public in the planning process and build support for the District. The District is currently at the beginning stages of the overall Vision Plan project that includes the formation of a Community Advisory Group. The goal is to generate a list of possible participants by mid-December to provide sufficient time to invite members and finalize the group make up by the end of January and allow meetings for the public engagement portion of the Vision Plan project to begin shortly thereafter. This Study Session agenda item offers the opportunity to discuss and obtain input from the District Board of Directors (Board) on a number of issues related to the Community Advisory Group. The approval of the Vision Plan Community Advisory Group will be considered as a separate agenda item at tonight's regular Board meeting(see Report R-12-117). DISCUSSION The District preserves a regional greenbelt of open space land, protects the natural environment, and provides opportunities for public recreation and environmental education for the San Francisco Peninsula and South Bay, as well as the broader Bay Area region. A number of challenges are facing the District and its partners today: how to scale up efforts to provide connectivity to whole natural systems and protect agricultural landscapes; how to scale up resource stewardship capacity; and how to open more preserved land for public recreational access. To address these challenges, the District's Strategic Plan calls for enhancing regional collaboration, building public support, and enhancing financial and staffing resources. R-12-1.19 Page 2 The Vision Plan process will focus the District's efforts to accomplish these goals by identifying priorities. A critical step in this Vision Plan process is to clearly understand community, partner, and stakeholder interests, values, knowledge, and perspectives related to open space. To reach these groups, staff is developing a Communication, Engagement, and Public Participation Plan (CEPP) as part of the Vision Plan process, which will be presented to the Board for review at a subsequent Study Session on December 12, 2012. The CEPP will include the formation of a I volunteer Community Advisory Group (CAG) to participate in the Vision Plan as an important component of the overall strategy to meaningfully engage the public in the planning process and build support for the District. In the long-term, the District may consider integrating this group of engaged citizens, partners, and stakeholders as part of ongoing District activities to help establish strong networks for ongoing community outreach, volunteerism, and community leadership to help fulfill the District's work. Board comments received at the October 10, 2012 Study Session on the Vision Plan process helped guide the proposed framework that has been developed for the CAG. This agenda item offers a more focused opportunity to discuss and obtain additional input from the Board on a number of issues related specifically to the CAG, including: • Purpose • Role and charter • Desired perspectives, formation process, and membership • Meeting approach Purpose The purpose of the Vision Plan CAG is to provide consistent involvement and meaningful, informed participation that allows the Board and project staff to understand community, partner, and stakeholder perspectives and needs, and to effectively engage the public so that the Vision Plan appropriately addresses their perspectives. Charter and Roles It is important at the outset to establish the charter that will outline the Board's expectations for the CAG, as well as the group's roles, responsibilities, and interface methods. The Board will retain full decision-making authority. The District Mission and a basic set of objectives, developed from the District Basic Policy and the San Mateo Coastal Service Plan, will be provided to guide and structure the CAG's work(see Attachment 1). The CAG will work in close contact with the Board as an advisory body. The CAG will have several important key roles: 1. Become familiar with the District's mission, roles, and purpose CAG members will need time and the opportunity to develop cohesion as a team, understand more about one another, and gain a solid understanding of the District and its mission, roles, and purpose. Possible Activities • Attend orientation meeting and review District policy materials, including District enabling legislation. • Land tours—orientation tours of District preserves as a way of introducing members to the District's mission and work. R-12-119 Page 3 2. Encourage community involvement The District will rely on CAG members to encourage and facilitate appropriate public, partner, and stakeholder participation in the Vision Plan effort. The CAG will play a critical role in the Vision Plan, and will need to be an enabler and conduit of community participation and input. Possible Activities • Provide a service for the public-at-large by representing its interests in discussions regarding the District's work and by relaying information from these discussions back through each member's network to the public. • Advocate on behalf of the public, including promotion of greater attention and sensitivity to the needs of disadvantaged or underrepresented stakeholders and communities. • Facilitate two-way communication between stakeholder, partner, and community groups and the District. CAG members will be asked to identify and facilitate connections with community leaders and representatives of diverse communities and perspectives. 3. Advise the Board during the Vision Plan development and deliberation process Another role of the CAG will be to advise the Board on how best to use public input and understand community needs and priorities throughout the process. As such, the CAG will need to review public input and engage in timely and meaningful dialogue with their networks and the District about major District programs and priorities. The CAG will also provide input and recommendations on a list of priority actions to be addressed by the District. Possible Activities • Participate for the duration of the District visioning process. • Identify and advise the Board on priority considerations and issues requiring community, stakeholder, and partner participation. • Monitor the implementation and effectiveness of the Board-endorsed Community Engagement and Public Participation Plan. • Provide input in the development of selection and measurement criteria for District priority actions. 4. Increase public awareness of the importance of the District's mission to community well-being Through members' networks, the CAG will disseminate information to the public to increase the community's awareness of the District and the critical role its mission plays in the overall sustainability and livability of the community and region. Possible Activities • Assist the District in identifying and establishing on-going communication with community-based organizations. Disseminate information on the District and Vision Plan through members' distribution lists. • Assist the District Vision Plan Project Team in expanding the database of contacts. • Encourage participation at District workshops. CAG meetings will need to be District staff supported and appropriately resourced to ensure that meetings and discussions are well organized, focused, and productive. CAG members will also need District support to undertake the roles listed above, including: R-12-119 Page 4 • Guidance from the Board and Vision Plan Project Team. • Access to administrative staff to assist with scheduling. • Access to consultant facilitation services to moderate meeting discussions. • Access to the District website and creation of a Vision Plan webpage to maintain and track important Project information. • Access to District communication material (collateral) and communication methods (social media, email blasts, Vision Plan newsletters, and quarterly District newsletters) to disseminate information, as needed. Desired Perspectives, Membership, and Formation Process The CAG will be comprised of a well-rounded group of representatives from District partner organizations, agencies, major landowners, stakeholders, and community leaders and organizers. For discussion purposes, please see Attachment 2, which contains a list of community perspectives and the Project Team's preliminary list of possible representative organizations or groups that may be desirable to include as part of the CAG. The CAG is ultimately expected to have 20 to 25 members representing diverse perspectives and geographical areas. However, because it is probable that some suggested organizations or groups will not be able to commit or participate in the CAG, staff recommends starting with a larger list from which to solicit membership. Qualities of the Community Advisory Group Membership on a CAG involves making a major commitment, and members must be prepared to devote considerable time and effort. As discussed above, members will be invited to participate for the duration of the Vision Plan effort to advise the process; to articulate their own open space visions, goals and objectives; and to provide referrals and introductions to other community leaders and potential participants in the public engagement process. Participants will be sought based upon several qualities: • General interest in open space, land conservation, natural resources, public recreational access, and/or sustainable communities; • Willingness to learn more about the District's mission and Vision Plan efforts; • Connections and leadership within their communities; • Willingness to objectively share information about the Vision Plan with their organization, constituency, and other interested parties; • Willingness to work cooperatively with other group members; • Experience (professional and/or civic), knowledge, and education; • Experience serving in collaborative group environments; • Geographic and demographic representation; • Commitment to attend the CAG meetings. Process to form the Community Advisory Group For the November 28, 2012 meeting, each Board member is asked to come prepared to refine the list of potential CAG members suggested by the Project Team. Once this comprehensive list of suggested participants is formed, the list will be returned to the Board at its meeting on December 12, 2012, for final review. The Board and District staff will then begin recruiting members on the list to participate as a member of the Vision Plan CAG. The Board will be asked to identify those potential CAG R-12-119 Page 5 members that they wish to contact directly. Staff will contact the remaining participants on the list. Based on the level of response and acceptance received, staff will then balance the group makeup by filling in any remaining gaps in geographic and perspective viewpoints. A final list of the members who have agreed to participate in the CAG will be assembled and returned to the Board at its meeting on January 9, 2013, at which time the Board will ratify the final membership. After that, the first orientation meeting with the CAG can occur. Meetings Staff recommends that all meetings of the CAG be conducted as public meetings, so that they may be attended by all interested parties. A listing of meeting topics will be prepared in advance and if a quorum of the Board wishes to attend one of the meetings, that meeting can be made Brown Act compliant at that time. The CAG is expected to meet approximately 10 to 11 times during the duration of the Vision Plan process. Upon finalization of a list of prospective members in mid-January, an invitation will be prepared for the first CAG meeting in January/February. The first CAG meeting will be designed to orient members to the Vision Plan process and to articulate clear roles, guidelines, expectations, ground rules, a defined set of tasks, and a timeline for the process. As the group sponsor, the entire District Board is encouraged to attend the first meeting to allow the Board to set expectations, clarify responsibilities, and emphasize goals. As part of the initial meetings, it will also be important for CAG members to spend time getting to know each other and to have an opportunity to articulate their aspirations and hopes for land conservation, the natural environment, and public recreation. FISCAL IMPACT This Study Session will not result in a direct fiscal impact. Input received will be used to refine the purpose and formation of the CAG which are being considered for Board endorsement as a separate agenda item on tonight's Board meeting (refer to report R-12-117). Expenses associated with the CAG and necessary to conduct meetings and tours, such as possible venue rentals, are expected to remain within the current FY2012-13 Budget. Staff is also currently analyzing staffing requirements needed to administer and implement the Vision Plan project given its ambitious schedule, extensive time and resource needs, taking into consideration competing project priorities. The addition of temporary staffing to address the required staffing capacity may be needed. Staff will bring temporary staffing recommendations to the Board at a later time as these are developed. BOARD COMMITTEE REVIEW No Board Committee review was needed for this item. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. Notice was also sent to the interested parties list for this project and to the list of potential CAG members shown in Attachment 1. R-12-119 Page 6 CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act (CEQA). NEXT STEPS The endorsement of the purpose and formation of Vision Plan Community Advisory Group is a separate agenda item at tonight's Board meeting. Upon Board approval and input, staff will refine the list of suggested participants and return to the Board at its meeting on December 12, 2012 for final review. Also at the December 12, 2012 meeting, staff will be presenting the Communication, Engagement, Public Participation Plan for Board review and input, as well as refined scopes of work for the Vision Plan consultant teams. Attachment(s) 1. Summary of District Mission and Objectives 2. Desired Membership Perspectives Responsible Department Head: Ana Ruiz, Acting Assistant General Manager Prepared by: Sandy Sommer, Senior Real Property Planner Tina Hugg, Acting Planning Manager Becky Bach, Ranger(Vision Plan Team Member) Contact person: Sandy Sommer, Senior Real Property Planner ATTACHMENT 1 SUMMARY OF DISTRICT MISSION AND OBJECTIVES The Midpeninsula Regional Open Space District's mission statement guides the purpose of the organization. The mission statement was reaffirmed by the District Board of Directors (Board) as part of the Strategic Plan process in 2011, and the Board clarified the desired direction for the District to move forward towards a balanced implementation of the Mission. The following objectives, developed from the Basic Policy and Coastal Service Plan, shall also provide direction for the Vision Planning process. MISSION STATEMENT The District's mission is: To acquire and preserve a regional greenbelt of open space land in perpetuity; protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education. And, in addition, on the San Mateo Coast, to acquire and preserve in perpetuity agricultural land of regional significance, preserve rural character, and encourage viable agricultural use of land resources. OBJECTIVES The District will achieve its Mission and Strategic Plan in the following ways: Open Space Land Preservation: 1. The District seeks to preserve the maximum feasible area of open space land within our boundaries, including baylands and foothills. The District seeks to link its open space lands with federal, state, county, and city parklands and watershed lands. Open Space Management: 2. The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. 3. The District protects and restores the natural diversity and integrity of its resources for their value to the environment and the public, and provides for the use of the preserves consistent with resource protection. 4. The District is a land management agency that is subject to regulatory agency pen-nits and requirements. Public Access and Improvements: 5. Where appropriate, the District provides public access and visitor-serving facilities for low- intensity recreation. Low-intensity recreation avoids concentration of use, significant alteration of the land, and significant impact on the natural resources or on the appreciation of nature. Development of traditional park and recreation facilities is the responsibility of the cities and counties. 6. Developing facilities and managing public use activities while protecting natural resources and providing for public safety may require limits on access to some open space lands. 1 R-12-119 Page 8 7. Access for hiking is typically unrestricted on District trails and lands. The District is committed to working with different trail user groups to find practical solutions to recreational use issues with the understanding that some trails or preserves may not be open to all uses. Working Lands 8. The District recognizes the importance of agriculture to the economy and heritage of the community. The District works to preserve and foster existing and potential agricultural operations in San Mateo County in order to keep the maximum amount of prime agricultural land and all other lands suitable for agriculture in agricultural production, while minimizing conflicts between agricultural and non-agricultural land uses that may occur on District owned or managed lands. Public Safety 9. The District monitors and manages its preserves to provide a safe environment for visitors and neighbors. Cultural Resources 10. Historic structures and sites will be considered for protection by the District where they are associated with lands acquired for overall open space values. ATTACHMENT 2 DESIRED PERSPECTIVES FOR THE COMMUNITY ADVISORY GROUP Perspective Potential Organizations Forest Landowner Kings Grove Preserve Neighbor South Skyline Association Partner Government Agency Santa Clara County Parks Commission Bay Trail San Mateo County Resource Conservation District City/ County Elected Sunnyvale Los Gatos Officials Redwood City Half Moon Bay East Palo Alto Saratoga Partner Nonprofits Peninsula Open Space Trust Save the Redwoods League Coastside Land Trust Bay Area Ridge Trail San Mateo Coastside community leader Coastside Farmer San Mateo County Farm Bureau Pie Ranch Cattle Rancher Environmental Advocate Sierra Club Loma Prieta Chapter Santa Clara Valley Audubon Acterra Committee for Green Foothills San Gregorio Environmental Resource Center Creek/Watershed Group San Francisquito Creek Joint Powers Authority Recreational Advocate Silicon Valley Bicycle Coalition Responsible Organized Mountain Pedalers (ROMP) Friends of Stevens Creek Trail ETRAC Cross country running group Dog owner group Youth Advocate Youth United for Community Action Health Advocate San Mateo County Community Health Agency Senior Organization Employer Groups Silicon Valley Leadership Group Environmental Education Hidden Villa Friends of Deer Hollow Farin Docents and Volunteers Diverse Populations Hispanic Chamber of Commerce—Silicon Valley Taxpayer Group Silicon Valley Taxpayers Association Native American Group Ohlone Tribe Sustainability Advocates Greenbelt Alliance Sustainable Silicon Valley Sustainable San Mateo County Peninsula Transportation Alternatives Claims No. 12-20 Meeting 12-37 Date 11/28/12 Midpeninsula Regional Open Space District # Amount Name Description 18905 $7,496.78 Shute,Mihaly&Weinberger LLP Legal Services For Proposed Ridge Vineyards Land Exchange 18906 $4,730.87 Callander Associates Landscape Landscape Architectural Services-Ravenswood Bay Trail Project Architecture 18907 $4,680.00 Ifland Survey Survey Services At Marshall Property 18908 $2,906,51 Hertz Equipment Rental Equipment Rental-Dozer Rental For Trail&Road Work At Windy Hill&Purisima Creek Redwoods 18909 $2,275.00 Nic Denko Reimbursement-Slender False Brome Treatment 18910 $2,202.92 02 Marketing+Design 600 Patches For Ranger&Maintenance Uniforms 18911 $1,397.64 Simms Plumbing&Water Equipment Quarterly Water System Maintenance&Spring Box Cleaning At Rental Residences 18912 $1,200.00 Butano Geotechnical Engineering Geotechnical Services For Ancient Oaks Trail 18913 $1,085.00 Gordon Von Richter Reimbursement-Slender False Brome Treatment 18914 $1,000.00 San Mateo County Fire Department Fuel Reduction Work On Highway 34&84 18915 $1,000.00 '1 Jilinda Heckendorn Land Acquisition-Redwood Park Parcel 18916 $968.74 Accountemps Accounting Temp 18917 $965.00 RJL Painting Repairs&Painting At Rental Residence 18918 $910.00 Scott Player Reimbursement-Slender False Brome Treatment 18919 $825.00 Systems For Public Safety Background Check For Ranger Candidate 18920 $600.00 Socialmentum On-Line Public Participation Tool For The Bay Trail Project 18921 $560.00 T-Squared HVAC Heater Repairs At Rental Residences 18922 $550.22 United Site Services Sanitation Services-Fremont Older&Sierra Azul 18923 $416.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 18924 $374.50 Dittmann Plumbing,Inc. Kitchen Repairs At The Dyer Residence 18925 $371,73 Summit Uniforms Uniform Expenses 18926 $370.85 Uline SFO Shop Tools-Safety Lock Out&Tag Out Devices To Secure Electrical Circuit Breakers 18927 $360.00 Bill's Towing Service Towing Services 18928 $350.00 Peter Kasenchak Reimbursement-Slender False Brome Treatment 18929 $350 00 Rich Seidner Reimbursement-Slender False Brome Treatment 18930 $304.03 Metal Craft ID Tags 18931 $240.00 Coastal Chimney Sweep Chimney Sweep At Rental Residence 18932 $206.47 Langley Hill Quarry Rocks For SFO&Mindego Roads&Trail 18933 $204.18 Wax Bank Fuel 18934 $198.16 Green Waste Garbage Service-SFO 18935 $147.57 West Coast Aggregates Rocks For Cordilleras Trail At Pulgas Ridge I 18936 $134.03 Cal-Line Equipment Chipper Services&Safety Inspection 18937 $125.00 Marcucci Heating&Air Conditioning Heating&Air Conditioning Services-SFO 18938 $108.38 Acterra Native Plants For ECDM Staging Area 18939 $94.73 CMK Automotive Vehicle Maintenance&Repairs 18940 $21.66 Orland!Trailer Supplies For Trailer 18941 $19.50 ID Plus Name Tags For Ranger 18942 $12.32 O'Reilly Auto Parts Fuel Cap For Truck 18943 $12.27 United Parcel Service Parcel Shipping 18944 $2.25 Kwik Key Lock&Safe Company Lock&Key Services Total $39,777.31 '1 Urgent check issued 11/16/12 Page 1 of 1 Midpeninsula Regional ' Open Space District j R-12-116 Meeting 12-37 November 28, 2012 j AGENDA ITEM 4 f AGENDA ITEM Approval of a new Master Communication Site Lease and Communication Permit Agreement at the Russian Ridge Open Space Preserve(Rolfe Repeater Site); Approval of a Communication Permit Agreement at San Francisco Public Utilities Commission Property(Pise Hill Communication Site) with San Mateo County, and; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set forth in this report. 2. Adopt the attached Resolution authorizing the following agreements with San Mateo County: Master Communication Site Lease and Communication Permit Agreement at Rolfe Repeater Site, and Communication Permit Agreement at Pise Hill Communication Site. SUMMARY The Midpeninsula Regional Open Space District(District) proposes to execute a new 25-year Master Communication Site Lease and Communication Permit Agreement with San Mateo County(County) for the Rolfe Repeater Site, and a Communication Permit Agreement at the County's Pise Hill Communication Site for the upgraded District two-way radio system. The following report provides background information for the proposed lease and permit agreements. DISCUSSION Master Communication Site Lease (Rolfe Repeater Site) In December of 1993, the District purchased the 32.34-acre Norton Property as an addition to the Russian Ridge Open Space Preserve. As part of that transaction, the District acquired the existing Rolfe Repeater Site and the lease between Norton and San Mateo County. The original lease between Norton and San Mateo County began on November 1, 1982, and terminated on October 31, 1992. Subsequently, a new ten-year lease was executed between Norton and San Mateo County for the site with a term from November 1, 1992, to October 31, 2002. The District became the landlord for the Rolfe Repeater Site under the second ten-year lease with San Mateo County. In 1994, the District was able to amend the lease to improve the terms for the District, which included but were not limited to increasing the rent, obligating the tenant for road i R-12-116 Page 2 maintenance, and adding two five-year options to extend the term. In 2002, the second amendment to the lease was executed, increasing the rental rate and extending the term another five years to October 31, 2007, with one five-year option to extend. San Mateo County exercised the last five-year option; therefore, the lease expired on November 1, 2012. The Rolfe Repeater Site is ideally located for communication transmission and provides critical communication infrastructure and service to a number of local and state agencies. San Mateo County currently subleases space within the site to the San Mateo County Transit District, the State of California(CHP), Pacific Gas & Electric, and the State of California Department of Transportation. In addition to the agencies listed above, the District is also a tenant of San Mateo County at the Rolfe Repeater Site and relies on San Mateo County's continued operation of the facility for the District's radio system. The proposed Master Communication Site Lease at the Rolfe Repeater Site would allow San Mateo County to continue operating the communication site for up to an additional 25 years. The District's enabling legislation allows the lease of District-owned property for up to 25 years. The concept between the three proposed agreements is to link them together regarding the length of the term and to provide rental offsets, The new rental rate under the lease will reflect market rental rates, which was determined using information gained from a recent communications sites rental rate assessment conducted by Hulberg and Associates. Further details of the lease are discussed in the terms and conditions section of the report. Communication Permit Agreement(Rolfe Repeater Site) As part of the District's radio system upgrade, equipment was placed at the San Mateo County controlled Rolfe Repeater Site in early 2012 per a Temporary Permit Agreement that was executed on January 9, 2012. The District needed to install radio equipment at the Rolfe Site in order to transmit a signal from Black Mountain to the Pise Hill Communication Site. The Pise Hill Site is needed to provide a reliable radio signal down to the San Mateo Coast. The Temporary Permit Agreement is set to expire on December 31, 2012, and the proposed Permit Agreement would offer the District up to a 25-year term. Communication Permit Agreement(Pise Hill Communication Site) As stated above, the Pise Hill Communication Site is vital to the District radio system for providing a reliable signal to the San Mateo Coast. The site is owned by the San Francisco Public Utilities Commission, and San Mateo County holds the master site lease. As part of the District's radio system upgrade, equipment was placed at the San Mateo County controlled Pise Hill Communication Site in early 2012 per a Temporary Permit Agreement that was executed on January 9, 2012. The Temporary Permit Agreement is set to expire on December 31, 2012, and the proposed Permit Agreement would offer the District up to a 25-year term at the Pise Hill site contingent on San Mateo County maintaining the master lease for this site. USE AND MANAGEMENT PLAN The new master lease and permit agreement at the Rolfe Repeater Site is consistent with the Use and Management Plan for the Russian Ridge Open Space Preserve. R-12-116 Page 3 CEQA COMPLIANCE Project Description The proposed project consists of executing a new 25-year Master Communication Site Lease with San Mateo County for the Rolfe Repeater Site, a Communication Permit Agreement at the Rolfe Repeater Site, and a Communication Permit Agreement at the Pise Hill Communication Site for existing public structures and the associated ongoing repair and maintenance, involving no expansion of use. 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 master lease and permit i agreements specifies the property will be operated and maintained in the current condition and there will be no expansion of use. The project is also exempt under 15061(b)(3), as there is no possibility the actions can have a significant effect on the environment. TERMS AND CONDITIONS Master Communication Lease (Rolfe Repeater Site) Staff proposes a new Master Communication Site Lease with San Mateo County for the Rolfe Repeater Site. The proposed lease terms are outlined below: 1. The lease term shall be five years from December 1, 2012, to November 30, 2017 with four five-year options to extend the term. 2. The rental rate shall be $45,000 per year with 3% annual increases (2012 rent was $32,619). The County shall be granted a rental credit for the annual communication permit fees associated with the Rolfe ($9,962.04) and Pise ($15,106.68) communication sites, therefore the rent for paid to the District the first year will be$19,931.28. 3. The County shall remain responsible for maintaining the access road, premises, and fire clearance. 4. The leased premises shall be slightly reconfigured to make the premises more usable(the leased square footage shall remain unchanged). 5. The County shall remain responsible for all utilities serving the site. R-12-116 Page 4 Communication Permit Agreement(Rolfe Repeater Site) Staff proposes a new Communication Permit Agreement with San Mateo County for the Rolfe Repeater Site. The proposed permit terms are outlined below: 1. The permit term shall be five years from December 1, 2012, to November 30, 2017. with four five-year options to extend the term. 2. The rental rate shall be $9,962.04 per year with 3% annual increases. This rental amount shall be applied as a credit against the County's rent obligation under the Master Communication Site Lease for the Rolfe Repeater Site. 3. The County shall supply both commercial power and emergency power for the operation of the District's radio equipment at no additional charge. Communication Permit Agreement (Pise Hill Communication Site) Staff proposes a new Communication Permit Agreement with San Mateo County for the Pise Hill Communication Site. The proposed permit terms are outlined below: 1. The permit term shall be five years from December 1, 2012, to November 30, 2017 with four five-year options to extend the term. 2. The rental rate shall be $15,106.68 per year with 3% annual increases. This rental amount shall be applied as a credit against the County's rent obligation under the Master Communication Site Lease for the Rolfe Repeater Site. 3. The County shall supply both commercial power and emergency power for the operation of the District's radio equipment at no additional charge. BOARD COMMITTEE REVIEW Committee review of this item is not needed. FISCAL IMPACT Under the initial five-year communication lease for the Rolfe Repeater Site with the rental offsets taken into account for the two permit agreements, the District would receive a total of $128,923.69 in rent from San Mateo County. As discussed in the terms and conditions section above, the annual lease income includes a rental credit deduction for the District's annual permit fees for District radio equipment installed at the Rolfe and Pise Hill communication sites managed by San Mateo County. This results in no out of pocket expense to the District for equipment installed at these two communication sites, which are integral to the District's radio improvement project. Under this proposal the District's radio equipment budget will save $162,154.76 over the initial five-year period. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-12-116 Page 5 NEXT STEPS Upon approval by the Board of Directors, staff will deliver the executed Master Communication Site Lease and the two Communication Permit Agreements to San Mateo County. Attachments: 1. Resolution 2. Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Jamie Hawk, GIS Intern ATTACHMENT 1 RESOLUTION NO. 12-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A MASTER COMMUNCATION SITE LEASE AT THE ROLFE REPEATER SITE,A COMMUNICATION PERMIT AGREEMENT AT THE ROLFE REPEATER SITE AND A COMMUNICATION PERMIT AGREEMENT AT THE PISE HILL COMMUNICATION SITE WITH THE COUNTY OF SAN MATEO (RUSSIAN RIDGE OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for up to twenty-five(25) years, and the Board of Directors hereby finds that the proposed lease premises located in the Russian Ridge Open Space Preserve remains presently unnecessary for open space purposes and that execution of a Master Communication Site Lease for radio communication is in the best interests of the public. jSection Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the Master Communication Site Lease at the Rolfe Repeater Site between Midpeninsula Regional Open Space District and San Mateo County and does hereby authorize the President, General Manager or other appropriate officers to execute said Lease on behalf of the District. Section Three. The Board of Directors of the Midpeninsula Regional Open Space District approves the Communication Permit Agreement at the Rolfe Repeater Site between Midpeninsula Regional Open Space District and San Mateo County and does hereby authorize the President, General Manager or other appropriate officers to execute said Lease on behalf of the District. Section Four. The Board of Directors of the P Midpeninsula Regional Open Space District p � p approves the Communication Permit Agreement at the Pise Hill Communication Site between Midpeninsula Regional Open Space District and San Mateo County and does hereby authorize the President, General Manager or other appropriate officers to execute said Lease on behalf of the District. Section Five. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of the subsequent five-year lease option as set forth in the Master Communication Site Lease Agreement. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. Section Six. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreements and documents which do not involve any material change to any term of the Agreements or documents, which are necessary or appropriate to the closing or implementation of this transaction. I i I i oroa 01 Valley) Foothills \, �� Y Park (City of Palo Alto) •PaloAl o t 84 35 8 Mountain View Ar Audubon 4 Area of Society Detail v x ed . v City of P Premises $ Lrrek t � • O e Palo A 14 jag r 1 - v odit - i a � 1S`o a Mi 11 rj f � a t intie t w } Upnor Monte i7 t V Exhibit A: Leased Premises Location Midpeninsula Regional sk - MROSD Preserves ME Other Public Agency Leased Premises Open Space District (MROSD) 04!14 Other Protected Open Space or Park Lands Land Trust Private Property MROSD Conservation September, 2012 � r Watershed Land ® e Miles or Agricultural Easement 0 0.5 1 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. Pise Hill r s � `�. •Union City/5\y B h Murray •San Mateo Ranch / Ranch State te Park •r 01"`?� � �Fremont 92 14 Re and City Huddart Park Palo'alta • (San Mateo Co.) Areaof • 00 35 Detail 8 S�nyvale . b rl, ` 84 •Cupertino• a.ier 280 • 35 Ca. Water Seaside Co. l x �" fv J:` Wunderlich Jasper Ridge ,� � _ , 1 .� Biological Preserve County ' r Park , a r v _ d w \\ll — POST r... � 35 Toto Ranch r 2 �r r Audubon t Society _ Rolfe Repeater L- 84 .�. 4 Exhibit B: Lease/Permit Locations Midpeninsula Regional MROSD Preserves Other Public Agency * Pise Hill Site Open Space District 44 Other Protected Open Space Rolfe Repeater Site (MROSD) �' or Park Lands Land Trust November, 2012 i Property Watershed Land y MROSD Conservation Private Prop Miles ---� ® or Agricultural Easement e o 1.25 2.5 ` 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. Midpeninsula Regional • ' Open Space District R-12-1 10 Meeting 12-37 November 28, 2012 AGENDA ITEM 5 AGENDA ITEM Appointment of Andrew Verbrugge as a District Peace Officer GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, appointing District Ranger Andrew Verbrugge as a District Peace Officer. SUMMARY Andrew Verbrugge comes to the District having successfully completed the curriculum of the Ranger Law Enforcement Academy at the Santa Rosa Junior College Public Safety Training Center, and the state training requirements of California Penal Code Section 832, both as of December 15, 2009. As a result, Mr. Verbrugge meets all of the requirements for appointment as a District Peace Officer. Adoption of the attached resolution is required to complete the process of becoming a Peace Officer for the position of District Ranger. DISCUSSION At its meeting of January 14, 1976, the Board of Directors determined that District Rangers are to be appointed peace officers as classified by California Penal Code Section 830.31(b). The code specifies that a person is a peace officer if he/she is designated by a local agency as a park ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the protection of park and other property of the agency and the preservation of the peace therein (see Report R-76-2). At the meeting of January 27, 2010, the Board of Directors decided that it is appropriate to have a swearing-in ceremony, which would include having the Operations Manager administer the written oath that all District Rangers sign, and to have this act performed before the Board of Directors (see Report R-10-17). i FISCAL IMPACT i There is no new fiscal impact associated with this action. All costs associated with this action are already included in the FY2012-13 District budget. 1 R-12-110 Page 2 BOARD COMMITTEE REVIEW Board Committee review of this agenda item is not needed. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXT STEPS Once appointed, the Ranger listed above will continue to participate in the District's Field Training Program. After successful completion of this training, which is anticipated to be on October 29, 2013, he will assume the full spectrum of ranger duties. Attachment: 1. Resolution Responsible Department Manager: David Sanguinetti, Operations Manager Prepared by: Gordon Baillic, Management Analyst 11 Contact person: David T. Sanguinetti, Operations Manager RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING ANDREW VERBRUGGE AS A PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.3 1(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those city, county, and state regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Andrew Verbrugge Midpeninsula Regional ' Open Space District R-12-118 Meeting 12-37 November 28, 2012 i AGENDA ITEM 6 � AGENDA ITEM Approval of Memorandum of Understanding with Midpeninsula Regional Open Space District Field Employees Association and Approval of Salary and Benefits for the Office, Supervisory, and Management Employees i i GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the accompanying resolution approving the Memorandum of Understanding(MOU) with the Midpeninsula Regional Open Space District Field Employees Association (FEA), for a term of July 1, 2012, through June 30, 2015, effective November 26, 2012. 2. Adopt the accompanying resolution approving the Salary and Benefits for the Office, Supervisory, and Management (OSM) employees, effective November 26, 2012. 3. Approve the accompanying resolution to amend the Employer Paid Member Contribution (EPMC) with the California Public Employees Retirement System (PERS) to implement the appropriate provisions of Recommendations 1 and 2 as necessary, including returning to the Board for any additional required actions. 4. Approve the attached update to the District's Fiscal Year(FY) 2012-13 Classification and Compensation Plan. 5. Direct staff to return to the Board with appropriate revisions to the District's Personnel Policies and Procedures Manual to implement Recommendation 2 for OSM employees, as needed. SUMMARY A new Memorandum of Understanding with the Field Employees Association has been reached for a three-year term expiring June 30, 2015. As has been past practice, the Board recommends extending the same salary and benefit adjustments to the Office, Supervisory, and Management employees. Approval of the attached resolutions will enable the District to implement these changes. R-12-118 Page 2 DISCUSSION Background The Field Employees Association is the exclusive labor relations bargaining representative for the District's Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic Operators, Farm Maintenance Worker, and Rangers. On August 9, 2006, the District approved a five-year contract with the FEA (Report R-06-86) for the period from April 1, 2006, through March 31, 2011. In March 2011, that agreement was extended by 15 months with a new expiration date of June 30, 2012. The District and the FEA entered into contract negotiations in February 2012. The FEA's negotiating team was comprised of Tim Cantillon, Labor Representative; Brad Pennington, Elisa Stanton, and Kerry Carlson, Rangers; and Grant Kern, Equipment Mechanic Operator. The District's negotiating team included Deborah Glasser from Deborah Glasser Labor Relations; Annetta Spiegel, Human Resources Supervisor; David Sanguinetti, Operations Manager; and Kate Drayson, Administrative Services Manager. Prior to meeting with the FEA negotiating team, the District negotiating team met with the Board to receive direction on desired outcomes of the negotiations. The Board expressed the desire to increase the employee cost-share amount of the PERS retirement benefit and medical insurance premiums, in order to ensure the future sustainability of District employee salary and benefits costs as well as provide benefits more in alignment with those of comparable agencies. The District and FEA negotiating teams successfully reached tentative agreement on the proposed three-year MOU on October 10, 2012, and the tentative MOU was ratified at the FEA meeting of Tuesday, October 30, 2012. The Board met in Closed Session on November 14, 2012, and voted to approve the three-year MOU with economic changes for the first year taking effect on November 26, 2012, and directed staff to consider applying the same changes to the OSM employees. Board Appointees are excluded as their compensation will be considered separately as part of their annual contract renewal process. Economic Changes While employees will receive a 3% salary increase in each of the next three years, it will be offset by a 2% annual reduction in the District-paid portion of the employee PERS contribution, as well as an increase in the employee cost-share for a portion of medical insurance premiums. The net impact of these adjustments is a I% or less annual salary increase per employee in each of the next three years. Below is a summary of the key economic changes that will apply to all regular District employees. Compensation—The District will conduct a compensation study in spring 2013. Additionally, the following salary increases will be effective at the beginning of the closest pay period on or after the dates below: • Year 1: 3% on November 26, 2012 • Year 2: 3% on July 1, 2013 • Year 3: 3% on July 1, 2014 R-12-118 Page 3 Retirement—The portion of the employee-paid PERS retirement contribution will increase from 2% to 8%, which is the maximum employee contribution, over the term of the three-year agreement according to the following schedule(with changes taking effect at the beginning of the closest pay period on or after the dates below): 0 Year 1: Employee contribution will increase from 2% to 4% on November 26, 2012 0 Year 2: Employee contribution will increase from 4% to 6% on July 1, 2013 0 Year 3: Employee contribution will increase from 6% to 8% on July 1, 2014 Additionally, pursuant to A13340, the California Public Employees Pension Reform Act of 2012, effective January 1, 2013, all new District employees will have a 2% @ 62 retirement formula and will pay for 50% of the total costs of pension contributions. Medical Benefits—The District will continue to pay the full cost of"Employee Only" coverage for the lowest cost P ERS HMO plan The employee cost-share for the"Employee+ I" and "Employee+ Family" will increase from 10%to 15% of the difference between the lowest cost one-party HMO plan and the lowest cost two-party or family HMO plan premiums. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100% of the additional premium cost above what is paid for by the District. Other Benefits—The District will provide Indexed 1959 Survivor Benefits, a new benefit for employees, to survivors of a member who dies prior to retirement. Both the District and the employee will pay $2.60 per month for this benefit. This benefit is optional for current employees, however, future hires will be required to participate in the plan. FEA Memorandum of Understanding Attachment D to this report provides a summary of the economic and non-economic changes to the contract with the FEA. Additional economic changes include adjustments to the night shift differential, an increase in the annual uniform allowance, new Field Training Officer and Medical Trainer Programs, an increase in the Equipment Operator Mechanic salary range to reflect revised duties, and implementation of a Longevity Pay Program for employees with 10 or more years of service with the District. BOARD COMMITTEE REVIEW This item was not reviewed by Committee, but instead by the full Board in closed session during the course of negotiations. FISCAL IMPACT The cost of these adjustments for FY2012-13 is approximately$300,000 and will be covered by vacancy savings. The cost impacts for FY2013-14 will be included in the FY2013-14 Proposed Budget scheduled to be reviewed by the Board on February 27, 2013. R-12-118 Page 4 PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental i Quality Act (CEQA). NEXT STEP If approved, staff will 1) work with PERS to make the appropriate changes, and 2) enter salary and benefit changes into the payroll system with an effective date of November 26, 2012. Attachments: 1. Resolution Approving MOU with FEA 2. Resolution Approving Adjustments to OSM Salaries and Benefits 3. Resolution Approving Adjustments to contract with PERS 4. Summary of Proposed MOU Changes 5. Revised District Classification and Compensation Plan 6. Memorandum of Agreement with Field Employees Association Responsible Manager: Kate Drayson, Administrative Services Manager Prepared by: Kate Drayson, Administrative Services Manager Candice Basnight, Human Resources Supervisor David Sanguinetti, Operations Manager Contact person: Kate Drayson, Administrative Services Manager er g ATTACHMENT 1 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FIELD EMPLOYEES ASSOCIATION WHEREAS, Midpeninsula Regional Open Space District Field Employees Association is the exclusively recognized employee organization for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic-Operators, and Farm Maintenance Worker; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District, and the Midpeninsula Regional Open Space District Field Employees Association have completed negotiations for a Memorandum of Agreement for a term of July 1, 2012 through June 31, 2015; and WHEREAS, on October 30, 2012 the bargaining unit represented by Midpeninsula Regional Open Space District Field Employees Association ratified the Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Memorandum of Understanding between Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association for a term of July 1, 2012 through June 31, 2015, a copy of which is attached hereto and by reference made a part hereof, with the economic terms having an effective date of November 26, 2012. ATTACHMENT 2 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE SALARIES, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE OFFICE, SUPERVISORY AND MANAGEMENT EMPLOYEES OF THE DISTRICT WHEREAS, the office, supervisory and management employees are employed by the District and as such receive and are subject to certain salaries and benefits and terms and conditions of employment; WHEREAS, it has been the custom and practice of the District to apply largely the same salaries, benefits, and terms and conditions of employment to the office, supervisory, and management employees as to the represented employees; WHEREAS, the three employees appointed by the Board, the General Manager, the Controller, and the General Counsel, have separate negotiated contracts that will be reviewed separately, as part of their regular annual contract review process; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the adjusted Salaries, Benefits and Terms and Conditions of employment as set out in Board Report R-12-118, with an effective date of November 26, 2012 for all economic terms, for the office, supervisory, and management employees of the District, excluding the three employees appointed directly by the Board, and direct that any necessary or appropriate implementing revisions to the District's Personnel Policies and Procedures Manual be presented to the Board for approval. 1 I ATTACHMENT 3 RESOLUTION NO. 12-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM WHEREAS, the governing body of the Midpeninsula Regional Open Space District has the authority to implement Government Code Section 2069 1; WHEREAS, the governing body of the Midpeninsula Regional Open Space District has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the Midpeninsula Regional Open Space District of a resolution to commence said Employer Paid Member Contributions (EPMC); WHEREAS, the governing body of the Midpeninsula Regional Open Space District has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Miscellaneous Employees Group, excluding the Board Appointees. • This benefit shall consist of paying 4% of the non-nal member contributions as EPMC effective November 26, 2012. • This benefit shall consist of paying 2% of the normal member contributions as EPMC effective July 8, 2013. • This benefit shall consist of paying 0% of the non-nal member contributions as EPMC effective July 7, 2014. NOW, THEREFORE, BE IT RESOLVED that the governing body of the Midpeninsula Regional Open Space District elects to pay EPMC, as set forth above. i Midpeninsula Regional j • ' I Open Space District R-12-117 Meeting 12-37 November 28, 2012 AGENDA ITEM 8 AGENDA ITEM Endorse the Purpose and Formation of the Vision Plan Community Advisory Group as Presented by Staff and Refined by the Board of Directors at Tonight's Study Session GENERAL MANAGER'S RECOMMENDATION 41-�Ow Endorse the purpose and formation of the Vision Plan Community Advisory Group as presented by staff and refined by the Board of Directors at tonight's Study Session. SUMMARY j The Midpeninsula Regional Open Space District (District) Vision Plan Project would greatly benefit from the formation of a volunteer Community Advisory Group to participate in the Vision Plan as an important component of the overall strategy to meaningfully engage the public in the planning process and build support for the District. At the Study Session held before tonight's regular Board meeting, the Board of Directors (Board) had the opportunity to discuss the purpose and key principles related to the formation of the Vision Plan Community Advisory Group (see Report R-12-119). The purpose of this agenda item is to obtain formal Board endorsement of the purpose and formation of the Community Advisory Group to allow staff to proceed with finalizing a list of participants. DISCUSSION The District preserves a regional greenbelt of open space land, protects the natural environment, and provides opportunities for public recreation and environmental education for the San Francisco Peninsula and South Bay, as well as the broader Bay Area region. A number of challenges are facing the District and its partners today: how to scale up efforts to provide connectivity to whole natural systems and protect agricultural landscapes; how to scale up resource stewardship capacity; and how to open more preserved land for public recreational access. To address these challenges, the District's Strategic Plan calls for enhancing regional collaboration, building public support, and enhancing financial and staffing resources. The Vision Plan process will focus the District's efforts to accomplish these goals by identifying priorities. A critical step is to clearly understand community, partner, and stakeholder interests, values, knowledge, and perspectives related to open space. The process includes the creation of a volunteer Community Advisory Group (CAG) to participate in the Vision Plan as an important I R-12-117 Page 2 component of the overall strategy to meaningfully engage the public in the planning process and build support for the District. In the long-term, the District may consider integrating this group of engaged citizens, partners, and stakeholders as part of ongoing District activities to help establish strong networks for ongoing community outreach, volunteerism, and community leadership to help fulfill the District's work. At the Study Session held before tonight's regular Board meeting, the Board had the opportunity to discuss and refine the purpose and key principles related to the formation of the CAG, including providing input on the CAG participant list. Upon Board endorsement of the purpose and formation of the CAG, staff will refine the list of participants and return to the Board at its meeting on December 12, 2012 for its final review and approval. FISCAL IMPACT The Planning Department budget for FY2012-13 includes a budget of$300,000, of which approximately$100,000 has been encumbered. Formation of the CAG would not result in a direct fiscal impact. Expenses necessary to conduct meetings and tours, such as possible venue rentals, are expected to remain within the current FY2012-13 Budget. Staff is also currently analyzing staffing requirements needed to administer and implement the Vision Plan project given its ambitious schedule, extensive time and resource needs, taking into consideration competing project priorities. The addition of temporary staffing to address the required staffing capacity may be needed. Staff will bring temporary staffing recommendations to the Board at a later time as these are developed. BOARD COMMITTEE REVIEW No Board Committee review was needed for this item. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. Notice was also sent to the interested parties list for this project and to the list of potential CAG members shown in Attachment 1. CEQA COMPLIANCE Formation of a CAG does not constitute a project under the California Environmental Quality Act (CEQA). NEXT STEPS Upon Board endorsement, staff will refine the list of CAG participants and return to the Board at its meeting on December 12, 2012 for its final review and approval. Also at this meeting, staff will be presenting the Communication, Engagement, Public Participation Plan for Board review and input, as well as refined scopes of work for the Vision Plan consultant teams. R-12-117 Page 3 Responsible Department Head: Ana Ruiz, Acting Assistant General Manager Prepared by: Sandy Sommer, Senior Real Property Planner Tina Hugg, Acting Planning Manager Becky Bach, Ranger(Vision Plan Team Member) Contact person: Sandy Sommer, Senior Real Property Planner • Peninsula Open Space Trust Board of Directors Brad O'Brien, Chair November 28, 2012 John Chamberlain Andy Cunningham Midpeninsula Regional Open Space District Dennis DeBroeck Board of Directors Donna Dubinsky Jan F.Garrod Diane Greene Larry Jacobs Robert C. Kirkwood Re: November 28, 2012 Study Session and Regular Board Meeting Matt Miller Agenda items regarding the Vision Plan Community Advisory Group. Paul Newhagen F Ward Paine Sandra Thompson Dear MROSD Board, Mark Wan POST is honored to be considered for participation in the Vision Plan President process as a Community Advisory Group (CAG) member, and strongly Walter T.Moore supports the General Manager's Recommendation for endorsement of the purpose and formation of the CAG. If selected to be a member of the CAG, I would be happy to attend meetings and potentially serve in additional capacities, if so requested, to contribute to this critical comprehensive planning effort that will significantly benefit regional conservation efforts for many years to come. Sincerely, Marc Landgraf Director of External Affairs 222 High Street Palo Alto,California 94301 www.openspacetrust.org Tel: (650)854-7696 t` °"q Recycled Paper s a f Fax: (650)854-7703 '�zM:"r