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HomeMy Public PortalAbout20130925 - Agenda Packet - Board of Directors (BOD) - 13-23 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos, CA 94022 Wednesday, September 25, 2013 REGULAR MEETING BEGINS AT 7:00 P.M.* A G E N D A 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – OPEN SESSION ORAL COMMUNICATIONS – PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings – September 10, 2013 September 11, 2013 2. Approve Revised Claims Report 3. Written Communications – Pescadero Municipal Advisory Council 4. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring the Santa Clara County Open Space Authority for Twenty Years of Open Space Preservation – S. Lewis 5. Authorization to Amend a Contract with Timothy C. Best, CEG, to Provide Engineering Geology Consulting Services for the Hendrys Creek Stream Restoration Plan within the Cathedral Oaks Area of Sierra Azul Open Space Preserve (R-13-74) – A. Roa 6. Authorization to Amend a Contract with John Northmore Roberts Associates, Landscape Architectural Consultant, for Additional Design Services for the Mindego Gateway Staging Area Project (R-13-84) – G. Coony 7. Authorization to Amend a Contract with Geocon Consultants, Inc., for Additional Geotechnical Services for the Mount Umunhum Staging Area at Bald Mountain as part of the Mount Umunhum Public Access Implementation Project (R-13-72) – L. Bankosh Meeting 13-23 7:10 BOARD BUSINESS 8. Authorization to Amend a Contract with TKO General Engineering and Construction for Revisions to the El Corte de Madera Creek Open Space Preserve Staging Area (R-13-87) – T. Hugg 9. Authorization to Award a Contract to Strategy Research Institute to provide Ongoing Professional Services to Support the District’s Public Outreach Program (R-13-88) – E. Cuzick 10. Proposed Changes to the Midyear Action Plan and Budget Process and Associated Budget Authorities (R-13-86) – K. Drayson 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 BOARD: 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. CERTIFICATION OF POSTING OF AGENDA I, 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 September 20, 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 http://www.openspace.org. Signed this 20th day of September, 2013, at Los Altos, California. District Clerk September 10, 2013 Board Meeting 13-21 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Elkus Ranch 1500 Purisima Creek Road Half Moon Bay, CA 94019 September 10, 2013 DRAFT MINUTES SPECIAL MEETING – STUDY SESSION I. CALL TO ORDER President Cyr called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 4:01 p.m. II. ROLL CALL Members Present: Jed Cyr, Yoriko Kishimoto, Pete Siemens, Nonette Hanko, Larry Hassett, and Cecily Harris Members Absent: Curt Riffle (Recused due to potential conflict of interest) Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Assistant General Counsel Hilary Stevenson, Natural Resources Manager Kirk Lenington, Acting Planning Co-Manager Tina Hugg, Planner III Lisa Bankosh, Real Property Manager Michael Williams, Real Property Specialist Elaina Cuzick, Public Affairs Manager Shelly Lewis, Area Superintendent Brian Malone, and District Clerk Jennifer Woodworth III. BOARD BUSINESS Real Property Manager Mike Williams provided an overview of the site’s location as well as a brief history on and past uses of the Event Center. Meeting 13-21 Page 2 Natural Resources Manager Kirk Lenington described the riparian corridor along the stretch of San Gregorio Creek that flows through the Event Center property, specifically noting the presence of Coho salmon and steelhead trout. Real Property Manager Mike Williams provided the staff presentation of the POST (Driscoll) Event Center property explaining that the District does not own or manage the property. Mr. Williams stated that the District has been studying the uses that have occurred on the Event Center property and has held Coastside meetings to gather public input. Mr. Williams described five categories of known prior uses of the Event Center and their levels of intensity with regards to their impact on the land. Mr. Williams also stated that an evaluation of what uses to allow on the property in the future must also take into consideration constraints on District staff time and the use of District resources to manage these events. Director Hassett asked how the Event Center was operated by the previous owner and requested more information on this topic from staff because he is unsure of how the District would fund the types of events being described. Director Harris inquired if the Lease and Management Agreement with POST would be an annual lease. Real Property Manager Williams explained that the agreement may be for multiple years. Director Hanko commented that it would be helpful to know the attendance expected for the proposed uses. Mr. Williams responded that staff will be observing the rodeo being held at the Event Center on September 22nd to gather more information. Director Kishimoto commented that the role of the District is changing as it acquires more land. With this project the District must decide if it is going to operate as a landowner acting as landlord, create partnerships with other agencies to operate the site, or remain a preservationist agency with a hands-off approach. Director Siemens expressed his concerns regarding the District’s potential liability and insurance requirements for the proposed uses. Public comment opened at 4:50 p.m. Paul Barulich spoke in favor of combining the Event Center and the grazing operation on the Preserve into a single Request for Proposals by the District. Maria Fonseca, a member of the San Mateo County Horseman’s Association, spoke in support of equestrian events being held at the Event Center. Lyndall Erb, a member of Bay Area Farms and Trails, spoke regarding the historical value of the Event Center. Bob Meehan spoke in support of the other events held at the Event Center, such as concerts, reunions, picnics. Mr. Meehan also spoke in favor of combining the Event Center and the grazing operation into a single Request for Proposals by the District. Meeting 13-21 Page 3 Charise McHugh, a resident of San Mateo County and chairman of the Half Moon Bay Coastside Chamber of Commerce and Visitor’s Bureau, spoke in support of tourism in the rural areas of the Coastside, and the role the Event Center plays in supporting tourism. Angelo Costanza, a member of the Woodside Mounted Patrol, spoke in favor of combining the Event Center and the grazing operation into a single Request for Proposals by the District. Rebekah Witter spoke about the historical value of rodeos to California culture and the need to preserve the horse culture. Mike Bushue, a member of Equestrian Trail Riders’ Action Committee, spoke in support of horse clinics, especially those held by 4-H clubs, because these do not require many District resources to operate. Carol Bridgeman, a member of San Mateo County Mounted Search and Rescue, said the Event Center is integral to training their horses and described the types of training used by her organization. Doniga Markegard spoke in support of keeping the Event Center and grazing operation separate. Ms. Markegard also spoke about cattle grazing and her family’s dependence on the land. Public comment closed at 5:16 p.m. Director Hassett commented that he was uncomfortable with the idea of concerts, reunions, and picnics being held at the Event Center because these types of events do not depend on the Event Center to exist. Director Hassett asserted his belief that separate Requests for Proposals for the Event Center and grazing operation are important because combining these would otherwise limit the number of people who have the ability to participate in the process. Director Hassett expressed his concerns about the District financing some of the potential uses of the Event Center and the associated environmental impact inherent in the high-intensity uses. Director Hassett voiced his concern that the potential uses of the Event Center will strain District staff capacity and resources that are already in short supply. Director Hanko expressed her desire that the District capture the rural character of the area and preserve it; however, she is open to partnerships in order to finance the project. Directors Kishimoto and Siemens voiced their opinions that partnerships with independent operators would be required for high-intensity uses. Director Cyr stated that the decisions made regarding the Event Center could lead to a major policy shift by the District to provide more activities on the land rather than straightforward preservation. Meeting 13-21 Page 4 Director Hassett commented that it is important for all aspects of the community to be working together, including hotels, agricultural interests, community events, etc., and noted the importance of tourism to the Coastside economy. IV. ADJOURNMENT President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 5:41 p.m. Jennifer Woodworth District Clerk September 11, 2013 Board Meeting 13-22 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 September 11, 2013 DRAFT MINUTES I. CALL TO ORDER President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:03 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, and Pete Siemens Members Absent: Curt Riffle Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Administrative Services Manager Kate Drayson, Natural Resources Manager Kirk Lenington, Acting Planning Co-Manager Tina Hugg, Public Affairs Manager Shelly Lewis, Real Property Manager Mike Williams, Operations Manager David Sanguinetti, Planner III Gina Coony, Real Property Specialist Allen Ishibashi, Planner II Zachary Alexander, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS There were none. IV. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Harris seconded the motion to adopt the agenda. Meeting 13-22 Page 2 VOTE: 6-0-0 (Director Riffle absent) V. CONSENT CALENDAR Motion: Director Hanko moved, and Director Kishimoto seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Riffle absent) Agenda Item #1 – Approve Minutes of the Special and Regular Board Meetings August 28, 2013 Agenda Item #2 – Approve the Revised Claims Report Agenda Item #3 – Written Communications None. Agenda Item #4 – Authorization to Amend a Lease and Management Agreement with Peninsula Open Space Trust for the Hendrys Creek Property located in the Cathedral Oaks Area of Sierra Azul Open Space Preserve, at 20610 Aldercroft Heights Road, Los Gatos, in unincorporated Santa Clara County (Santa Clara County Assessor’s Parcel Numbers 558-27-007, 558-27-008, and 558-51-005) (R-13- 77) VI. BOARD BUSINESS Agenda Item #5 – Authorization to Award a Contract to Bianchi Construction to Install Concrete Foundations for the Peters Creek Bridge Replacement Project at Long Ridge Open Space Preserve (R-13-80) Planner II Zachary Alexander presented the staff report summarizing the project. Director Hanko inquired about the difference between the estimate and the amount of the contract being awarded. Planner II Alexander explained that the variation is largely due to the constraints inherent in the project site, including its remote location and the need to retrofit the current bridge to allow for construction equipment access to the site. These site specific issues were not addressed in the rough estimate. Assistant General Manager Ana Ruiz provided information regarding the trend throughout the Bay Area of increased costs of construction due to an upturn in the economy and the related difficulty in soliciting interest from contractors at this time due to the remote location and small-scale nature of District projects. Director Siemens asked about the disposition of the existing Peters Creek Bridge. Planner II Alexander explained that Skyline field staff will be removing the old bridge once the new bridge is complete. Public hearing opened at 7:14 p.m. No speakers were present. Meeting 13-22 Page 3 Public hearing closed at 7:14 p.m. Motion: Director Hassett moved, and Director Siemens seconded the motion to authorize the General Manager to enter into a contract with Bianchi Construction from San Jose, CA, for a not-to-exceed amount of $63,600, which includes the bid amount of $52,923.46 and a 20% contingency of $10,600, to install the Peters Creek bridge foundation at Long Ridge Open Space Preserve. VOTE: 6-0-0 (Director Riffle absent) Agenda Item #6 – Authorization to Award a Contract to Randazzo Enterprises Inc., to Complete the Powell Demolition Project at Monte Bello Open Space Preserve (R- 13-82) Real Property Specialist Allen Ishibashi provided the staff report describing the demolition of six residential structures and five sheds and the remediation and removal of numerous debris piles. Mr. Ishibashi described the restoration of the property, including the re-contouring, de-compactingand installation of erosion control measures at the property. If the contract is awarded to Randazzo, remediation is planned to begin at the end of September, demolition during the middle of October and restoration in early November. Director Kishimoto inquired about the recycling and salvaging of materials from the site, and asked whether the County of Santa Clara required this as a part of the demolition permit. Planner III Gina Coony explained that to her knowledge, the County has no such requirement. Ms. Coony explained that due to landfill charges, demolition contractors recycle as much as they can to save cost. However, due to the very poor quality of materials on this site, there is very little that will have recycle value. To the extent possible, the contractor will be recycling non-treated wood (it can be ground up and used as mulch) and grinding concrete for re-use on site. Public hearing opened at 7:29 p.m. No speakers were present. Public hearing closed at 7:29 p.m. Motion: Director Hanko moved, and Director Kishimoto seconded the motion to (1) authorize the General Manager to enter into a contract with Randazzo Enterprises Inc., of Castroville, CA, for a not-to-exceed amount of $331,111, which includes the base bid amount of $211,310 for demolition, an add alternative of $89,700 for site restoration, and a 10% contingency amount of $30,101, to complete the Powell Demolition Project at Monte Bello Open Space Preserve; and (2) authorize the General Manager to reallocate a portion of the Real Property Land Conservation and Property Management funds to cover project costs. VOTE: 6-0-0 (Director Riffle absent) Meeting 13-22 Page 4 Agenda Item #7 – Authorization to Award a Contract to R&M Paving, General Engineering Contractor for Construction Services for the Rancho San Antonio Road Repair Project (Mora Trail) at Rancho San Antonio Open Space Preserve (R- 13-83) Operations Manager David Sanguinetti presented the staff report describing the location of the project and use of the road. Public hearing opened at 7:35 p.m. No speakers were present. Public hearing closed at 7:35 p.m. Motion: Director Harris moved, and Director Siemens seconded the motion to authorize the General Manager to enter into a contract with R&M Paving for a not-to-exceed amount of $115,170, which includes the bid amount of $104,700 and a 10% contingency of $10,470, to complete road repairs and paving at Rancho San Antonio Open Space Preserve. VOTE: 6-0-0 (Director Riffle absent) VII. COMMITTEE REPORTS Director Cyr reported that the Board Appointee Evaluation Committee met on Monday and Wednesday with the Board appointees. The Committee’s recommendations will be before the Board at an upcoming meeting. Director Kishimoto reported that the Action Plan & Budget Committee met regarding the Mid-Year Budget Process, and their recommendations will be before the Board on September 25. VIII. STAFF REPORTS Operations Manager David Sanguinetti reported that Ranger Brad Pennington discovered and provided treatment for a hiker he discovered in medical distress at Windy Hill Open Space Preserve. Evidence of mountain lions has been found at Skyline Open Space Preserve and warnings have been posted at Skyline Ridge. The Ranger and Contingent Project Manager recruitments are in process and should be completed soon. Public Affairs Manager Shelly Lewis provided a brief update on the Founders’ Day Event on Saturday and provided the Board with a copy of the scheduled events for the day. Ms. Lewis provided a list of upcoming community events where the District will have a booth. Acting Planning Co-Manager Tina Hugg reported that demolition efforts at Mt. Umunhum are scheduled to begin later this month. The Mindego Gateway construction is on schedule for its opening on October 20. Ms. Hugg provided an update on the El Meeting 13-22 Page 5 Corte de Madera staging area and notified the Board that an agenda item on this matter will be before them at the next Board meeting. General Manager Abbors reported he attended a meeting of the East Palo Alto Rotary Club last week and showed the new District video. Mr. Abbors provided a list of upcoming community meetings he will be attending. The League of Conservation Voters will be presenting the District with an award commemorating the District’s 40th Anniversary on October 23. IX. DIRECTOR REPORTS Director Siemens reported that he volunteered at the Nature Center and repaired the pond display. He also attended the County Special District’s meeting and met Santa Clara County Supervisor Cindy Chavez there. Director Hanko reported that she attended the recent Community Advisory Committee meeting and enjoys attending these meetings because the members are doing wonderful work. Director Kishimoto thanked staff for their work on the Lehigh Quarry issue and reported her attendance along with several staff members at a Cupertino City Council Study Session that was held on the topic. General Counsel Schaffner notified the Board that a hearing on the Lehigh Quarry litigation will be held on Friday. Director Harris reported that she attended a Parks Forward meeting on Monday and commented that there will be several meetings throughout the state in the coming weeks. Director Hassett commented on Georgia Stigall’s recent photo stating it was taken near his home. Director Cyr reported that he attended a meeting on the Vision Plan at the District office today and was impressed with District staff’s efforts. The Board submitted their compensatory forms to the District Clerk. X. ADJOURNMENT President Cyr adjourned the Regular Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:04 p.m. Jennifer Woodworth District Clerk Claims No. 13-18 Meeting 13-23 Date 9/25/13 Midpeninsula Regional Open Space District Amount Name Description 20917 20918 20919 20920 20921 20922 20923 20924 20925 20926 20927 20928 20929 20930 20931 20932 20933 20934 20935 20936 20937 $40,033.24 $25,500.00 $16,160.60 # $10,452.75 $10,142.00 $8,190.00 $5,201.46 $4,945.00 $4,844.25 $3,360.00 $3,284.32 $3,100.00 $3,004.00 $2,951.01 $2,740.00 $2,657.61 $2,564.60 $2,322.22 $2,309.50 $2,287.50 $2,219.26 *2 First National Bank Patsons Media Group New World Systems Knapp Architects Design Concepts John Northmore Roberts & Associates Santa Clara County Communications Department LFR An ARCADIS Company Bartel Associates The Creative Group Government Staffing Services Simms Plumbing & Water Equipment Garden Creamery "1 Roxie Food Truck Del Woods Fall Creek Engineering Sol's Mobile Service *2 First National Bank Ecological Concerns John Northmore Roberts & Associates Rosemary Cameron 20938 $1,890.48 *2 First National Bank 20939 20940 20941 20942 $1,835.65 $1,804.94 $1,700.00 $1,555.00 Copy Factory "2 First National Bank Butano Geotechnical Engineering Alexander Atkins Design 20943 $1,449.88 *3 Design Concepts 20944 $1,439.59 "2 First National Bank 20945 $1,385.52 *2 First National Bank Printing Services - Maps & Brochures For Various Preserves / Business Cards / Factsheets / Stationary / Envelopes / Invitations / Posters / General Brochures / Summer & Fall Newsletters Annual IAFS Software Service & Maintenance Fee Historic Site & Structure Assessments - Hawthorn Property Various Design Projects - Maps / Newsletter/ Poster / Invitations / Dog Owners Brochure / Envelopes / Outdoor Activities / Preserve Brochures Design Development - Mt. Umunhum Staging Area District Radio System Repairs At Various Towers Engineering Services - ECDM Staging Area Surveying Work Consulting Services - OPEB Actuarial Valuation Temp - Web Administrator Office Temp - Human Resources Technician Replace Water Heater - Rental Residence / Clear Sewer Line - SFO / Water Tank Repairs - Rental Residence Ice Cream Truck For Founder's Day Festival Food Truck For Founder's Day Festival Consulting Services For Bear Creek Stables Design Services For Pond DR08 At La Honda Creek Vehicle Maintenance & Repairs Conferences & Training Expenses - The National Land Conservation Conference / California Public Employee Relations Labor Association Conference / California Special District Association Conference / CalPERS Educational Forum Registration Native Revegetation Maintenance & Monitoring - Skyline Ridge Tree Farm Phase III Construction Administration For Mindego Gateway Staging Area - POST Funded Consulting Services - Capital Finance Program Computer, Website & Internet Expenses - Computer Supplies / Wi-Fi For GM & General Counsel iPads / Email Service Provider For Sending Email Blasts / Notebook Docking Station / Monitor Stands / iPad Accessories / Dropbox Cloud File Storage Fee Advertising, Subscriptions & Books - Media Communications Supervisor Job Posting / SamTrans & Caltrain Advertising Cards / Project Manager For Operations Department Job Posting / Bid Request For Road Work At RSA / Ad For Founder's Day Event Vision Plan Postcards / Founder's Day Materials / Resolution For Sierra Club's 80th Anniversary / Newspaper Clippings Event Supplies & Expenses - Supplies For Founder's Day Event / Facility Deposit For Staff Recognition Event Engineering Services - Geotech Services During Construction For The Mindego Gateway Staging Area - POST Funded Professional Design Services - Hispanic Heritage Month Flyer's & Online Publication / Founder's Day Flyer / Out And About Outreach Ad / Founder's Day Sign Fans For Founder's Day Festival Volunteer & Docent Events & Supplies - Volunteer Supplies / Supplies For Volunteer Recognition Event / Gift Cards Business Related Meals - Board Meetings / Staff Training Lunch / Snacks For Staff / Staff Dinner For Vision Plan Meeting / Lunch For Ranger & Volunteer Program Lead Interview Panels / Lunch With Peninsula Open Space Trust Page 1 of 3 Claims No. 13-18 Meeting 13-23 Date 9/25/13 Midpeninsula Regional Open Space District Amount Name Description 20946 20947 20948 20949 20950 20951 20952 20953 20954 20955 20956 20957 20958 20959 20960 20961 20962 $1,374.10 $1,345.36 $1,280.10 $1,277.50 $1,269.06 $1,224.86 $1,165.99 $1,125.00 $1,050.00 $978.75 $962.78 $937.28 $694.63 $689.60 $608.16 $578.98 $531.22 McKowan, Paul Communication Advantage Brush Road Corporation Timothy C. Best, CEG Gou, Vicky Hertz Equipment Rental *2 First National Bank Schafer Consulting Pat O'Brien ARC CMK Automotive Accountemps Tires On The Go The Mercury News Office Team Ascent Environmental Fitzsimons, Renee 20963 $520.58 *2 First National Bank 20964 20965 20966 20967 $504.70 $500.00 $500.00 $486.10 California Water Service Company Grossman Design Group Jack Gescheidt Pine Cone Lumber 20968 $473.92 Gardenland Power Equipment 20969 $449.37 Sunnyvale Ford 20970 $416.00 *4 Santa Clara County Planning Office 20971 $412.18 Green Waste 20972 $402.04 Norcal DJS 20973 $385.92 *2 First National Bank 20974 $353.44 *5 Commuter Check Services 20975 $345.00 Santa Clara County - Office Of The Sheriff 20976 $342.83 Coastside Technical Service 20977 $325.00 Bassi Publishing 20978 $300.00 *6 Petty Cash 20979 20980 20981 20982 20983 20984 20985 $275.07 $245.61 $223.74 $197.33 $183.98 $175.00 $147.28 All Star Glass Bendlin Fire Equipment Company Chung, Jean Mullen, Pamela *2 First National Bank Ernie Schneider Recology South Bay Reimbursement - Supplies For Volunteer Recognition Event & Founder's Day Event Consulting Services - On Camera Interviewing Skills Test For Media Communication Supervisor Position Annual Road Association Dues Engineering Geologist Services For Mt. Umunhum Summit Trail Reimbursement - Gift Bags For Volunteer Recognition Event Equipment Rental - Replace Tractor Parts Membership Dues - International City & County Management Association Integrated Accounting & Financial System Support Services Consulting Services For Capital Finance Program Printing Of Timeline Panels Vehicle Maintenance & Repairs Accounting Temp Tires & Tire Repairs Legal Advertisement - Invitation To Bid For Peters Creek Bridge Foundation Office Temp - Real.Property Administrative Assistant CEQA Consulting Services For Mindego Use & Management Plan Reimbursement - Supplies For Nature Day Camp Activities / Office Supplies / National Association For Interpretation Conference Registration Fee Field Supplies / Spray Gun Repair Kit & Painting Tip / Plexiglass For Pulgas Ridge Signboard / Diesel Hose / Hat Bands For Rangers / Bicycle Helmet & Gloves / Chainsaw Supplies Water Service - FFO / Rental Residences Consulting Services - Mt. Umunhum Demolition Project Construction Administration Photographer For Group Photo At Staff Picnic Lumber - Rental Residence Retaining Wall / Maintenance Storage Rack / FFO Stock Chainsaw & Blades Vehicle Maintenance & Repairs Building Permit Plan Review Fee For Powell Demolition Garbage Service - SFO Sound Mixing For "Brown Boys" Music At Founder's Day Festival Office Supplies / Mounting Tape / Printer / Break Room Supplies Commuter Check Program - Transit Passes Fingerprinting Services Dishwasher Repair - Rental Residence Ad In My Out And About Magazine & Calendar Listing Petty Cash To Give Change For Book Sales At The Founder's Day Festival Windshield Replacement For Patrol Truck Safety Vest For Rangers Reimbursement - Mileage Snacks For Employee Training & Picnic Vehicle Maintenance, Repairs & Supplies Reimbursement - Slender False Brome Treatment Garbage Service - Rental Residence Page 2 of 3 Claims No. 13-18 Meeting 13-23 Date 9/25/13 Midpeninsula Regional Open Space District Amount Name Description 20986 20987 20988 20989 20990 20991 20992 20993 20994 20995 20996 20997 20998 20999 21000 21001 21002 21003 21004 21005 21006 21007 $145.41 $130.50 *7 $130.26 $129.34 $118.00 $117.50 $102.42 *2 $100.00 $100.00 $94.60 $87.00 *8 $85.22 $82.60 $63.66 $60.00 $52.80 # $51.81 $43.36 $26.25 $21.17 $14.00 $10.25 Total $198,354.99 Gartside, Ellen PSC Environmental Services Group Priority 1 Public Safety Equipment Silverman, Joel U.S. Healthworks Medical Group Mission Trail Waste Systems First National Bank Barresi, Chris South Bay Regional Public Safety Training Consortium Montez, Amanda San Mateo County EMS Agency Koenig, Peggy Amici's East Coast Pizzeria Protection One Metro Mobile Communications California Water Service Company Schaffner, Sheryl Uline Rayne Of San Jose Fastenal O'Reilly Auto Parts ID Plus Reimbursement - Volunteer & Volunteer Recognition Event Supplies Hazardous Waste Disposal Code Three Light Repair On Patrol Truck Reimbursement - Bay Area Open Space Council Meeting Expenses / Central California Invasive Weed Symposium Registration Fee Employee Medical Services Garbage Service - AO Miscellaneous Expenses - Printing Of Historical Slides / Shipping Costs For Occupancy Sensors / Fee For Federal Communications Commission Database For District 2 -Way Radio System Reimbursement - Cell Phone Radar Training Course Reimbursement - Food & Supplies For Founder's Day Volunteers EMT Recertification Reimbursement - Founder's Day Supplies Food For Vision Plan Meeting Fire Inspection & Monitoring - AO Patrol Truck Radio Repair Water Service - Hawthorn Property Reimbursement - Mileage & Parking For Lehigh Litigation Key Tags Water Service - Fremont Older Accessory For Air Compressor Vehicle Supplies Name Tag *1 Urgent check issued 9/18/13 *2 Urgent check issued 9/5/13 The total amount for First National Bank is $13,663.28 *3 Urgent check Issued 9/18/13 *4 Urgent check issued 9/12/13 *5 Urgent check issued 9/18/13 *6 Urgent check issued 9/13/13 *7 Urgent check issued 9/18/13 *8 Urgent check issued 9/18/13. # Hawthorn expenses Page 3 of 3 To: Board of Directors From: Stephen E. Abbors Date: September 25, 2013 Re: Written Communications P.O. Box 249, Pescadero, CA 94060 PESCADERO MUNICIPAL ADVISOR COUNCIL Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Directors, The Pescadero Municipal Advisory Council formerly requests total support of the board of Midpen to continue to permit and support operation of the Driscoll Ranch Events Center in the LaHonda/San Gregorio/Pescadero communities. This facility is a major contributor to the local South Coast economy and the general welfare of San Mateo County residents . The events staged and hosted here are a major draw to tourism and visitors on an International level and should continue to operate. The Driscoll Ranch Events Center has sponsored and benefited the following worthy and wonderful causes for the past 11 years: ALS Benefit Christy Law Ranch Day for La Honda /Pescadero School (introduction to / farm animals) Ranch Day Jean Weinguard School for the Deaf (introduction to Agriculture /farm animals) La Honda Fire Dept. (proceeds from Rodeo to purchase new fire truck Engine #357) Mounted Search and Rescue (training exercise last 7yrars) L.G.B.T Annual Rode (proceeds to La Honda Fire Dept.) Annual Jugglers Race Team Picnic Mounted Patrol G.P.S. of trail system San Mateo Horsemen Association San Francisco Horsemen Association Bay Area Savvy Player Horse Clinic Coast side Team Ropers Club (Tuesday/Thursday Roping Event) Annual Audubon Bird Count (past 10 years) First Coast side Ranch for Mid Pen to introduce cattle as a resource management tool RFD TV show with Clinton Anderson for horse sensory training Local cattle shipping and receiving area P.O. Box 249, Pescadero, CA 94060 If the concern is the cost involved in the continued operation of the center it would appear that this may be addressed by passing along the respective costs to each event staged therein. Respectively submitted, Rob Skinner Corresponding Secretary, Pescadero Mutual Advisory Council CC: HMB Review, HMB Chamber of Commerce, San Mateo County Convention and Visitors Bureau, San Mateo Times, Palo Alto Times, SF Chronicle . September 20, 2013 Rob Skinner, Corresponding Secretary Pescadero Municipal Advisory Council P.O. Box 249 Pescadero, CA 94060 RE: Driscoll Ranch Event Center Dear Mr. Skinner and Councilmembers: Thank you for taking the time to submit your comments regarding the future use and management of the Driscoll Ranch Event Center (Event Center). We have added you to our notification mailing list for this item to ensure that you receive notices of upcoming meetings. To begin, we would like to clarify that the Event Center property and associated ranch equipment are not owned by Midpeninsula Regional Open Space District (District), nor do we have any management control or responsibility for this property at this time. We are, however, currently considering the possibility of entering into a Lease and Management Agreement with the current landowner, Peninsula Open Space Trust (POST), who recently acquired the property from a private landowner. Ahead of making a decision on whether to enter into a lease and management agreement for the property, the District’s Board of Directors (Board) asked staff to gather information about pre- existing uses that have occurred at the Event Center to learn more about its past uses and its role on the San Mateo Coast. Additionally, the Board requested information on what uses may be considered compatible with the District’s mission and fit given known constraints about current staff and management capacity. The data gathered was presented to the Board at a workshop on September 10 held at Elkus Ranch on the coast. Careful consideration was given to each pre-existing use that has occurred at the Event Center, and although many of the uses are of much higher intensity than what is allowed on District Preserves, staff proposed three Use Alternatives as part of the workshop. These Use Alternatives (refer to Table 1) range in level of intensity, and therefore also range in the level of required oversight and management from District administrative, patrol, and maintenance staff. Under each Use Alternative, livestock staging and processing to facilitate a conservation grazing operation on La Honda Creek Open Space Preserve would continue as well as using the site as an emergency staging area. Over thirty (30) members of the public attended the September workshop and offered comments on the benefits of the Event Center including its role in supporting local tourism, maintaining the rural character of the coast, and providing a valuable community resource. After reviewing the Use Alternatives and hearing from the public, the Board commented on the proposed Use Alternatives but made no decision at the workshop. Draft Response Prepared by Staff for Board Approval Table 1: Use Alternatives Under Evaluation Potential Uses Alternative 1: Compatible Uses Alternative 2: Compatible and Moderate Intensity Special Uses Alternative 3: Compatible and High Intensity Special Uses Comments Staging for Group and Organized Trail Rides √ √ √ The District has issued permits and accommodated trail rides on the Preserve in the past; permitted group rides are typical uses that are allowed at District Preserves and are already included in the District’s current use permit system. Agricultural and Environmental Education √ √ √ Education programs are consistent with the District’s Mission and Basic Policy. Horse Training and Clinics √ √ Unique for the District as these recreational uses are not provided elsewhere on District Preserves. Uses would be considered on a case-by-case basis and should not preclude opportunities for general public recreation. LGBT Rodeo √ A rodeo is a very high intensive use involving organized equine and livestock events, competition, and spectator attendance. This use is not consistent with the District’s Basic Policy of low intensity public recreational use. Under this alternative, rodeo use would be limited to the LGBT Rodeo and its permit would be evaluated on a year-to-year basis prior to considering reissuance. LGBT is the only known recent sponsor of a rodeo who has held one annually for several years (next one coming up on September 22). The Driscoll Ranch Rodeo has not been held for the past two years since 2011. Based on the input received at the September 10 Board workshop, staff will further refine these Use Alternatives and present a recommendation to the full Board at a future meeting later this fall when the Board would consider and decide (1) whether to enter into a Lease and Management Agreement with POST to manage the property, and if so, (2) what uses to allow at the Event Center prior to undergoing a more extensive use and management planning process. Any uses allowed on the property would be included as part of a Preliminary Use and Management Plan for the Event Center. I hope the Council will attend the upcoming Board meeting to offer further comment on this coastal resource. Thank you again for your input. If you have any further questions, please feel free to contact Assistant General Manager Ana Ruiz at (650) 691-1200 or aruiz@openspace.org. Sincerely, Jed Cyr Board President Draft Response Prepared by Staff for Board Approval RESOLUTION NO. ____ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING THE SANTA CLARA COUNTY OPEN SPACE AUTHORITY FOR TWENTY YEARS OF OPEN SPACE PRESERVATION WHEREAS, the Santa Clara County Open Space Authority (Open Space Authority), which serves the Cities of Campbell, Milpitas, Morgan Hill, Santa Clara, and San Jose, and unincorporated areas of Santa Clara County, was formed on February 1, 1993; and WHEREAS, the Open Space Authority was founded by passionate, civic-minded citizens to preserve the natural environment and formally created by the California Legislature with the purpose of protecting sensitive lands, preserving natural communities, and managing open space in ways that also promote agriculture and compatible recreation; and WHEREAS, the Open Space Authority, in partnership with community members, nonprofits, and other agencies, has conscientiously and selectively preserved over 16,000 acres of critical open space lands in Santa Clara County, including mountain tops, rolling hills, ranches, and farmland; and WHEREAS, the Open Space Authority is responsible for the plants, animals, water and soil resources, and cultural and recreational assets of its land as highlighted by its management of Sierra Vista Open Space Preserve comprised of over 1,600 acres of vital watershed lands that protect Penitencia Creek and provide habitat to red-legged frog, tiger salamander, golden eagle, mountain lion, bobcat, and grey fox; and WHEREAS, access to open space and healthy recreation is offered through multi-use trails for hikers, bicyclists, and equestrians on Rancho Canada del Oro Open Space Preserve west of Morgan Hill and Sierra Vista in the east foothills with trails open free of charge every day of the year; and WHEREAS, over the past twenty years, the Open Space Authority has invested millions of dollars in local communities through its Urban Open Space Program to fund urban trails, parks, greenbelt protection, and restoration projects, thus extending the benefits of nature to city residents, and; WHEREAS, the Open Space Authority remains a committed and effective advocate for policies that protect our environment and offers volunteer opportunities for people to take an active role as ambassadors of nature; NOW THEREFORE, be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District does hereby commend and congratulate the Santa Clara County Open Space Authority for its 20 years of contributing to the health and well-being of its community with its common sense approach to urban growth balanced with the preservation of public lands for generations to come, and extends its most sincere wishes and encouragement for continued success. * * * * * * * * * * * * * * * * * * * R-13-74 Meeting 13-23 September 25, 2013 AGENDA ITEM 5 Authorization to Amend a Contract with Timothy C. Best, CEG, to Provide Engineering Geology Services for the Hendrys Creek Stream Restoration Plan within the Cathedral Oaks Area of Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend an existing contract with Timothy C. Best, CEG, by $20,000, for a total not-to-exceed amount of $55,000, to provide engineering geology services for the Hendrys Creek Stream Restoration Plan. SUMMARY A contract for $35,000 was entered into with Timothy C. Best, CEG, (Best) in April 2012 to prepare the Hendrys Creek Stream Restoration Plan (Plan). This Plan aims to address sedimentation and water quality issues at the Peninsula Open Space Trust (POST) Hendrys Creek property, which the District is currently managing under a Lease and Management Agreement. A $20,000 contract amendment with Best is needed to generate final plans, prepare a Storm Water Pollution Prevention Plan (SWPPP), assist with permitting and the public bidding process, and provide engineering oversight during construction. The original scope of work did not include services beyond site analysis and design alternatives. The affected contract with Best is project-specific and wholly separate from the more general multi-year contract for on-call engineering geology services. DISCUSSION Best’s September 2012 Draft Site Assessment Report for the Hendrys Creek property details the conditions of existing roads and stream channels, focusing on 14 stream crossings and adjacent drainages within the project area. This assessment includes recommended treatments for each road and stream crossing to reduce sediment delivery to the aquatic environment and improve channel conditions. A variety of potential alternatives to accomplish varying degrees of stream channel restoration are provided for each crossing in addition to an environmental review and evaluation of costs and maintenance needs. Planning and Operations staff have reviewed the alternatives and have selected which treatments would be the most appropriate from both an operational and environmental perspective. The finished restoration work would allow for continued ranger patrol of the property via All Terrain Vehicles (ATV). R-13-74 Page 2 The recommended contract amendment would cover Best’s time to complete detailed design plans and assist with permitting, contracting, and construction oversight to implement the work. FISCAL IMPACT The FY2013-14 budget for the Hendrys Creek Restoration Project includes sufficient funds to cover the recommended contract amendment. BOARD COMMITTEE REVIEW No committee review is required. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Preparing plans for future implementation does not constitute a project under CEQA. NEXT STEPS Upon approval by the Board of Directors, the General Manager would execute a $20,000 contract amendment to bring the total contract agreement with Best to $55,000 to develop plans, the SWPPP, and provide permitting, bidding, and construction oversight assistance for the Hendrys Creek Restoration Project. Attachment: 1. Property Location Map Responsible Department Manager: Meredith Manning, Acting Planning Co-Manager Prepared by: Alex Roa, Planner I Contact person: Meredith Manning, Acting Planning Co-Manager H e n d r y s C r e e k RylandRes. R o a d Bridge R o a d H o o k e r S i e r r a A z u l O p e n S p a c e P r e s e r v e Rd. Weaver S prings Soda Road A i r p o r t Wea ve r Alm a L ex in g t o nReservoir San JoseWater Co. O l d S a n t a C r u z H w y Lupine Lodge Property Los G ato s C re e k A l d e r c r o f t Heights Road Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic t At t a c h m e n t 1 : P ro p er t y L o c a t i o n M a p September, 2013 Path: G:\Projects\Sierra_Azul\HendrysCreek\HendrysCreek_PropLocation_Revised.mxd Created By: mlanctot !Los Gatos 0 2,0001,000Feet I (MROSD) Area ofDetail S i e r r aAzul While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures. £¤17 £¤17 £¤35 Pr o j ect Lo c at i o n Hendrys CreekProperty(117 Acres) £¤17 H endr ys C r eek Wa t ersh ed MRO S D Op en Spac e Pr eser vesOther Pr o t ect ed O p en Sp a ceor Pa rk La nd s Water shed L an d Other Pub li c A ge ncy Private Pr o per t y Develo ped La nd H e n d r y s C re e k P r o p e r t y, S i e r r a A z u l O p e n S p a c e P r e s e r v e Di st ur be d Ro ad A re a Exist i ng Ro ad O wn ed by O t her s R-13-84 Meeting 13-23 September 25, 2013 AGENDA ITEM 6 Authorization to Amend a Contract with John Northmore Roberts Associates, Landscape Architectural Consultant, for Additional Design and Engineering Services for the Mindego Gateway Staging Area Project GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend an existing contract with John Northmore Roberts Associates by an additional $15,000, for a total not-to-exceed amount of $91,117, to provide additional design and engineering services for the Mindego Gateway Staging Area Project (Project). SUMMARY In September 2011, the Board of Directors (Board) approved a total not-to-exceed contract amount of $76,117 ($66,117 base and $10,000 contingency) with John Northmore Roberts Associates (JRNA) to design the Mindego Gateway Staging Area Project (R-11-86). Over the past two years, a number of unforeseen circumstances have arisen during the design and permitting process requiring additional time and effort on the part of JNRA. The additional services are anticipated to total no more than $25,000 (exceeding the original $10,000 contingency) and fall into three distinct categories: (1) higher than anticipated effort to address regulatory review comments; (2) a project delay to process a Williamson Act amendment; and (3) stringent design requirements and intense regulatory scrutiny of the storm run-off design and calculations. For this reason, staff recommends increasing the original contract amount with JRNA by $15,000. The total contract amount, including the recommended $15,000 contract amendment, is fully reimbursable by Peninsula Open Space Trust (POST). DISCUSSION In September 2011, the District entered into contract with JNRA for design and engineering services to produce four deliverable packages for the Mindego Gateway Staging Area Project: Concept Design, Schematic Design, 90% Construction Documents, and 100% Construction Documents. The contract also called for Bidding and Construction Administration. The cost for permit processing was built into the design and engineering budget. The original project schedule anticipated concept and design to be completed by the winter of 2011-12, permitting by spring 2012, and project completion in fall 2012. A number of factors have resulted in project delays and contributed to the need for JNRA to provide additional services beyond what was originally anticipated for the Project: R-13-84 Page 2 a) Rigorous Regulatory Review JNRA met with San Mateo County Planning and Building in September 2011 to review County permitting requirements ahead of submitting project plans. Even with this early consultation, the County permitting process involved a high level of scrutiny throughout permit review. To further complicate matters, the concurrent review by County Planning and Building resulted in duplicative and conflicting comments, requiring JNRA to spend an inordinate amount of time addressing a higher than anticipated volume of comments. b) Williamson Act resolution. In March 2012, San Mateo County indicated that an amendment to the Williamson Act would be required before the Mindego Gateway Project could proceed. The Project was postponed until the Williamson Act amendment was approved by the San Mateo County Board of Supervisors in September 2012. The resulting ten-month delay prolonged design and permitting, requiring JNRA to start and stop work, costing time, effort, and money to re-engage once the Williamson Act issue was resolved. c) National Pollution Discharge Elimination System (NPDES) requirements. In December 2011, NPDES requirements were revised to affect projects that create more than 10,000 square feet of impervious surface. The Project fell within these new requirements, triggering the need to treat 100% of the run-off on site. Although this intensity of design had not been originally anticipated, JNRA completed the drainage design and calculations, and submitted these to the County. Despite the fact that the drainage design and calculations were accurate and adequate, County Public Works issued three separate sets of iterative review comments requesting additional details, testing, calculations and modification of notes on the drawings. The drainage design had to be re-submitted to the County three times before County sign-off on the Building permit. The level of effort required to complete the design and obtain regulatory concurrence was far greater then JNRA had anticipated in their original design fees. Given the need for additional services rendered and anticipated in the last phase of work, staff recommends increasing the original contract amount with JRNA by $15,000. FISCAL IMPACT The FY2013-14 budget for the Mindego Gateway Staging Area Project has sufficient funds to cover the recommended contract amendment with JNRA. BOARD COMMITTEE REVIEW No committee review is required. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. R-13-84 Page 3 CEQA COMPLIANCE Staff completed a Mitigated Negative Declaration for the Project, which the District Board of Directors adopted on June 13, 2012 (R-12-37). 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 would be authorized to increase the total contract amount with JNRA by $15,000 fund additional design services for the Mindego Gateway Project. The staging area is planned to be complete in October, 2013. Once County “final” is issued, and once plant installation is completed by the Landscape Maintenance contractor, the new staging area will be opened to the public, which is anticipated in mid- November. Responsible Department Manager: Meredith Manning, Co-Acting Planning Manager Prepared by: Gina Coony, Planner III Contact person: Same as above R-13-72 Meeting 13-23 September 25, 2013 AGENDA ITEM 7 Authorization to Amend a Contract with Geocon Consultants, Inc., for Additional Geotechnical Services for the Mount Umunhum Staging Area at Bald Mountain as part of the Mount Umunhum Public Access Project GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend an existing contract with Geocon Consultants, Inc., by $20,000, for a total not-to-exceed amount of $44,000, to provide additional geotechnical engineering services for the Mount Umunhum Staging Area at Bald Mountain. SUMMARY The first phase of the Mount Umunhum Public Access Project includes construction of a parking lot and staging area at the Bald Mountain trailhead. Additional geotechnical investigations are required from Geocon Consultants, Inc., (Geocon) to inform the design of the parking lot’s stormwater drainage system. Specifically, the contract amendment includes additional soil test pits to confirm infiltration rates within the proposed drainage basin, geotechnical analysis of a drainage outfall slope, and construction oversight. The additional services require a $20,000 contract amendment, bringing the total contract to a total not-to-exceed amount of $44,000. Funds for this contract amendment are available from budget savings of other Planning projects. DISCUSSION In February 2012, the District entered into a $24,000 contract with Geocon (which was within the General Manager’s budget authority) to conduct a topographical survey and geotechnical investigation to inform the design of the Bald Mountain Staging Area Project (Project; see Attachment A). The consultants first developed a conceptual site plan to sketch the potential layout of the stormwater drainage system and location of drainage basins to determine where to conduct soil infiltration tests. The contract included excavation of several soil test pits to determine water infiltration rates for the basins. The testing results led to a redesign of the preliminary stormwater drainage plan for the parking area, including moving the drainage basins to a different location. This iterative approach is typical of a site design process. At this time, additional test pits and percolation tests to further characterize soil drainage are recommended for the new basin location. Although the stormwater drainage calculations for the parking lot are conservative and assume a relatively slow infiltration rate (as is required by Santa Clara County’s stormwater treatment regulations), additional excavations to better inform the drainage design would minimize the potential for unanticipated changes during grading and construction. R-13-72 Page 2 In light of recent stormwater drainage issues at the El Corte de Madera Creek staging area, this conservative approach is desirable. The new drainage design also includes use of an existing roadside drainage ditch and ditch relief culvert to carry stormwater overflows. The ditch and culvert are located outside of the original survey area. The contract amendment would include a survey of the culvert location and a reconnaissance-level investigation of slope stability at the culvert outfall. Staff anticipates the culvert will be replaced and additional slope protection installed at the outfall. The investigation may also confirm staff’s initial assessment that additional flow within and downstream of the culvert will not cause erosion or otherwise impact downstream resources. A natural topographical swale at the culvert location eventually joins the main stem of Guadalupe Creek, which flows entirely through District land until it reaches the Guadalupe Reservoir approximately two miles downstream. Lastly, the contract amendment also provides for adequate field time for Geocon engineers to provide oversight and inspection services during project construction. FISCAL IMPACT The Planning FY2013-14 Budget currently includes sufficient funds to cover the original $24,000 contract with Geocon. Savings from the Bay Trail Implementation Project would cover the additional $20,000 that is being requested as part of the recommended contract amendment. BOARD COMMITTEE REVIEW No committee review is required. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Staff completed an Environmental Impact Report for the Project, which the Board adopted on September 19, 2012 (R-12-91). A Notice of Determination was filed with the San Mateo County Clerk Recorder on September 24, 2012. NEXT STEPS Upon approval by the Board, the General Manager would execute a $20,000 amendment to the contract with Geocon for additional geotechnical services for the Mount Umunhum Staging Area Project at Bald Mountain. Responsible Department Manager: Meredith Manning, Co-Acting Planning Manager Prepared by: Lisa Bankosh, Planner III Contact person: Same as above Existing Culvert RoadsideParking PermitParking MTUMUNHU M R O A D T OMO U N TUMUNH U MSUMMIT T O B A L D M O U N T A I N Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community Midpeninsula RegionalOpen Space District 0 0.03Miles September 2013 I Path: G:\Projects\Sierra_Azul\Bald_Mountain\BaldMtn_CAD.mxd While the District strive s to use t he best availab le digit al data, this d at a d oes not repr esen t a leg al survey and is merely a graphic illust ration of geograph ic feat ures. S I E RR A A Z ULOPEN S PA C E P R E S E RV E Attachment A - Bald Mountain Staging Area: Schematic Parking Lot Design Bald MountainStaging Area Sierra AzulOSP R-13-87 Meeting 13-23 September 25, 2013 AGENDA ITEM 8 AGENDA ITEM Authorization to Amend a Contract with TKO General Engineering and Construction for Revisions to the El Corte de Madera Creek Open Space Preserve Staging Area GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend an existing contract with TKO General Engineering and Construction (TKO) by $235,000, for a total not-to-exceed amount of $854,000, to construct drainage revisions at the El Corte de Madera Creek Open Space Preserve staging area. SUMMARY On July 25, 2012 (R-12-69), TKO was awarded a contract to construct the staging area and connector trail at El Corte de Madera Creek Open Space Preserve (Preserve). The project was completed in October, 2012, but subsequent winter storms in December resulted in a storm water drainage system failure that caused flooding to a neighboring property. Emergency repair work was necessary to halt overflows from the staging area’s three bioretention basins. District staff expected ARCADIS, the then engineer of record, to evaluate the issue and submit a long-term redesign fix, and worked with them over several months toward that end. However, with time running out to get the corrective work done before the 2013 rainy season, and no acceptable solution presented by ARCADIS by the end of June, 2013, the District proceeded to work with a new engineer, Balance Hydrologics, Inc., (Balance) to design the fix (R-13-61). Design revisions were submitted to San Mateo County at the end of August and the building permit obtained two weeks later. Revisions to the drainage system total $335,000. Approximately $100,000 remains on TKO’s current contract. Therefore, staff recommends increasing the contract by $235,000 to cover the remaining construction costs. Funds for this contract amendment are available from budget savings of other Planning projects. DISCUSSION Since December, 2012, District staff had been working with ARCADIS, the then project engineer of record, to attempt to solve the ongoing drainage problems at the staging area. By the end of June, 2013, no solution was yet imminent, and the District proceeded with Balance to design a fix as quickly as possible and submit design revisions to San Mateo County for its review and approval. Balance began coordinating immediately with TKO, Caltrans, the County, and California Water Service Company to prepare a design fix that includes a fourth storm water R-13-87 Page 2 detention basin north of the driveway entrance and a pipe outflow to the west of the site that will direct water away from Skyline Boulevard and into the interior of the Preserve. These changes will reduce the amount of the water draining towards the neighboring property to less than 0.5 cubic foot per second, well below the calculated pre-project flows of 1.46 and 2.67 cubic feet per second for the 25-year, 24-hour and 100-year, 24-hour design storms. Two on-site meetings with County staff were held to clarify and gain approval of the drainage revision concept. The drainage fix includes the following: 1. Constructing a large, new basin located north of the driveway. 2. Enlarging both upper basins at the top of the site. 3. Filling in the lower basin, which adds little to the drainage capacity of the system, is very deep, and potentially hazardous. 4. Capping and abandoning the existing piping from the upper basins. 5. Installing new storm drainage infrastructure (new piping, outflow control structures, trench drain across the driveway). 6. Trenching and piping across the upper parking lot pavement to connect the two upper basins and to install a pipe outflow to the west. TKO Contract TKO’s contract was amended on January 9, 2013 (R-13-12) to allow the contractor to implement any further emergency work needed through the 2012 winter and to begin work as soon as a solution was designed. The January amendment of $125,000 was set as roughly 25% of the then construction budget ($493,000), which included the original base bid of $389,688 and a contingency amount of $104,312. The cost breakdown for the $854,000 total contract amount is as follows: 1. Base bid $389,688 2. Original contingency $104,312 (covered Change Orders 1 – 4) 3. Amendment in January, 2013 $125,000 (covered emergency work, $100,000 remains for drainage fix) 4. Current requested amendment $235,000 Cost Analysis TKO’s estimate for the current drainage system revisions is $335,000 due to the following reasons: 1. The extent of work necessary to implement the fix, including grading needed for all three existing basins and the new fourth basin, cutting of existing pavement, new piping and storm water structures, new fencing, temporary removal and reinstallation of existing structures to allow access, and landscaping. Little of the site will remain untouched by the new work. 2. The scarcity of construction workers available due to the boom in the Bay Area’s construction industry. 3. The constraint of working around and protecting the parking lot’s newly built features. 4. The need to finish as quickly as possible. Time is of the essence given the coming winter months. Staff recommends amending the existing contract amount with TKO by an additional $235,000 to complete the drainage system fixes before the rains begin in earnest. R-13-87 Page 3 FISCAL IMPACT The Planning FY2013-14 Budget contains $275,000 for costs associated with this project. Most of this budget is already encumbered; therefore, a mid-year budget adjustment would be required to cover the $235,000 contract amendment. Savings from the Administrative Office (AO) and AO2 Move, Ancient Oaks Trail, Cooley Landing, and Mindego Hill Trail projects will be reallocated towards the unbudgeted project costs. BOARD COMMITTEE REVIEW No Board Committee review is required for this portion of the Project. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Staff completed a Mitigated Negative Declaration for the Project, which the Board of Directors adopted on February 10, 2010. A Notice of Determination was filed with the San Mateo County Clerk Recorder on February 16, 2010. The Board of Directors adopted an Addendum to the Mitigated Negative Declaration on March 14, 2012. The planned work at the site is consistent with the findings of the Mitigated Negative Declaration. NEXT STEPS Upon approval by the Board of Directors, the General Manager would amend the contract with TKO to construct the fix for the staging area project. Work is scheduled to begin in September, 2013 and is expected to last approximately two months. Staff will prepare a request to extend the construction season past October 1st for the County’s review and approval. Moreover, General Counsel will bring a case evaluation to you in closed session to discuss options for pursuing recovery of the costs for these repairs, once complete. Attachments: 1. Site Plan Responsible Department Head: Tina Hugg, Co-Acting Planning Manager/Planner III Prepared by: Tina Hugg, Co-Acting Planning Manager/Planner III Contact person: Tina Hugg, Co-Acting Planning Manager/Planner III Attachment 1 R-13-88 Meeting 13-23 September 25, 2013 AGENDA ITEM 9 AGENDA ITEM Authorization to Award a Contract to Strategy Research Institute to provide Ongoing Professional Services to Support the District’s Public Outreach Program GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with Strategy Research Institute of Fullerton, CA, for a not-to-exceed amount of $45,000, to provide ongoing professional services to support the District’s Public Outreach Program at a monthly retainer of $3,000 per month. SUMMARY In early 2013, Strategy Research Institute (SRI) was contracted by Peninsula Open Space Trust (POST) to conduct a benchmark study to assess likely voter opinion regarding the District’s Vision Plan and related themes, as well as the feasibility of placing a successful funding measure on the local ballot in the near future. The collective values and expectations of the District’s constituents as represented by that survey have since been used to conduct a broad public outreach effort to raise public awareness of the District and to engage the public in the Vision Plan. As the District moves ahead with the Vision Plan, it is essential that the District’s broad- based outreach efforts are based on statistically correct analysis of constituent values and expectations. Dr. G. Gary Manross of SRI is uniquely suited to provide expertise in this area given his familiarity with the District’s mission, range of projects, goals, and constituent base while conducting POST’s benchmark study. DISCUSSION Background In early 2013, POST and SRI conducted a benchmark study to assess likely voter opinion regarding the District’s Vision Plan and related themes, as well as the feasibility of placing a successful funding measure on the local ballot in the near future. POST shared the results of the survey with the District. In April, Dr. Manross presented to the Board (R-13-42) a summary of the survey, provided valuable input related to voter values and expectations for the Vision Plan, and provided added clarity for the District’s Public Outreach Program. This outreach program was put into place to raise public awareness of the District and gather public perspectives on potential District projects and the overall vision for the next 40 years. The Board of Directors are committed to continue raising public awareness of the District so that all constituents, R-13-88 Page 2 regardless of their voting propensity, are aware of the services the District provides and understand how to engage with their open space district. The survey information gathered to date indicates that more work is needed in this area. The District’s Public Outreach Program has accelerated in the last six months and as the outreach program moves forward, it will be important to target key constituent groups based on statistically correct data and analysis. In support of this effort, SRI would provide great assistance by working with the Public Affairs department to ensure outreach materials (physical and electronic) address public values and expectations for the District, creating any specialized public outreach graphics, presenting at District/partner/public meetings as needed, and providing additional consulting services to assist the outreach program as necessary. Additionally, should the District move forward with a ballot measure, SRI is uniquely suited to provide assistance with the writing of ballot language, as well as handling the data management and statistical analysis of District public surveys. SRI would provide these services to the District at a monthly retainer of $3,000 per month through November of 2014, totaling a not-to-exceed amount of $45,000. Consultant Selection Dr. Manross is intimately familiar with the District’s mission, range of projects, goals, and constituency. Through his work with POST, Dr. Manross has developed an understanding of District needs and issues. To seek consulting services elsewhere would unnecessarily incur additional expense and delay outreach efforts to bring another consultant up to speed to become adequately familiar with the District and its unique mission and goals. FISCAL IMPACT The Public Affairs FY2013-14 outreach budget contains $21,000 to cover the costs associated with this work in this fiscal year. An additional $24,000 will be budgeted in FY2014-15. BOARD COMMITTEE REVIEW No Board Committee review is required for this portion of the Project as the Board has been regularly updated on the District’s public outreach program. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Retention of professional services to provide ongoing support as outlined in this report 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)]. R-13-88 Page 3 NEXT STEPS Upon approval by the Board of Directors, the General Manager would enter into a contract with SRI. The General Manager would continue to update the Legislative, Finance, and Public Affairs Committee on the District’s Public Outreach Program. Responsible Department Head: Ana Ruiz, Assistant General Manager Prepared by: Elaina Cuzick, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist R-13-86 Meeting 13-23 September 25, 2013 AGENDA ITEM 10 AGENDA ITEM Proposed Changes to the Midyear Action Plan and Budget Process and Associated Budget Authorities GENERAL MANAGER’S RECOMMENDATION Approve the proposed changes to the Midyear Action Plan and Budget process and associated budget authorities as contained in this report. SUMMARY In response to Board direction during the Fiscal Year (FY) 2012-13 Midyear Action Plan and Budget Review to evaluate options for streamlining the Midyear process to increase administrative efficiencies, staff is recommending approval of the proposed Midyear Action Plan and Budget procedural and reporting changes as outlined in this report, as well as associated changes to the General Manager’s budget authority. DISCUSSION Background Staff prepares the annual District Action Plan, starting in November, in accordance with the District’s mission, strategic direction, and Board priorities. Each key project is listed in the Action Plan by Department with information regarding purpose, scope, schedule, and budget. Staff builds the annual District budget by line item each fiscal year to support the Action Plan while remaining consistent with a specific percentage of the projected property tax revenues as provided by the Controller. The Action Plan and Budget are then reviewed by the General Manager, presented to the Action Plan and Budget Committee (ABC), adjusted as needed, and then presented to the full Board twice, once in detail and a second time for final adoption. The entire Action Plan and Budget development process takes approximately four to five months to complete. Any budget variances that occur during the year reflect only those items that allow the District to be responsive, efficient and/or effective in meeting District and public needs, such as unanticipated events or circumstances, or new obligations. Those variances that affect the Board-approved budget or exceed the General Manager's authority are presented to the Board for approval via individual Board reports or during the Midyear Budget amendment process. The current workload to complete the Midyear Action Plan and Budget process is very similar to the annual process: for the Action Plan, staff reviews each project and makes adjustments to scope, R-13-86 Page 2 schedule, and budget, as applicable and, for the budget, reviews and adjusts the line item budgets in response to changing circumstances or information. The entire process takes approximately three to four months to complete and involves multiple employees from all departments, diverting staff time that would otherwise be available to work on core functions and key projects. As part of the Fiscal Year (FY) 2012-13 Midyear Action Plan and Budget, the Board directed staff to review the annual budget cycle and reports, with special attention to the Midyear process, to identify appropriate adjustments to the frequency and level of detail of reporting cycles (R-12-121). This recommendation was generated by a concern over the amount of staff time spent on Action Plan and Budget analysis and preparation, as well as the recognition of the District’s history of excellent financial management, as evidenced by its consistent annual expenditure savings. Given that staff has always remained within or under budget, the Board expressed the sentiment that the level of detail currently presented to the Board for approval at Midyear may not be necessary. Current Budget Authorities Section 5549 of the Public Resources Code (PRC) 5500, the District’s governing legislation, states that the General Manager shall prepare and submit the District’s annual budget to the Board of Directors for approval. Beyond that requirement, the Board may determine the level of budget authority granted to the General Manager. The District has the following three levels of budget accounts (see Attachment 1 for a full Glossary of Terms): • Level 1: Budget Categories – The District budget is divided into five budget categories: Salaries and Benefits, Services and Supplies, Land and Associated Costs, Capital and Fixed Assets (non-land purchases), and Debt Service. • Level 2: Account Families – The District budget contains numerous line item accounts which are organized into groupings of similar expense types within a budget category. For example, Professional Services, Utilities, and Travel are Account Families in the Services and Supplies Budget Category. • Level 3: Line Item Account – Individual but related accounts, each with a designated account number within an account family. For example, Electricity, Water, and Garbage are line item accounts within the Utilities Account Family. As part of the current Budget Control Procedures Administrative Policy (Attachment 2), the General Manager may authorize net zero shifts between line item accounts but must receive Board approval for shifts between Account Families or Budget Categories, which typically occur at Midyear. Proposed Changes to the Midyear Action Plan and Budget Review In response to Board direction to review the Midyear budget to streamline the process and reduce associated staff time, staff explored various options and recommends the Board approve the following proposed changes. If approved, these changes will result in more concise Midyear Board reports and presentations that will cover similar information as they do now, but in less detail. 1. Controller’s Update – The Controller will provide an update on the District’s balance sheet as compared to the most recent audit and will include information regarding the District’s cash balance, debt service, and revenues. R-13-86 Page 3 2. State of the District – The General Manager will provide an update on the District’s Adopted Action Plan and a summary of the overall financial condition of the District. Action Plan – Only major changes to the scope, schedule, or budget of Action Plan Key Projects would be discussed, as outlined below: • Completed Projects – the names of projects that have been completed by Midyear will be listed; • New Projects – Projects added after the Action Plan was adopted will be listed with a brief description of the scope, schedule, and budget; • Schedule Changes – Only projects that are newly deferred or whose completion is delayed to a future fiscal year will be listed; • Budget Changes – Project increases of $50,000 or 10% of adopted budget, whichever is greater, will be listed; • Scope Changes – Significant changes in scope due to unforeseen circumstances that impact schedule or budget as described above. Budget – The financial overview would provide a high level summary of year-to-date expenditures as of September 30 in the following key expenditure areas: • Operating Budget • Capital Projects • Land Expenditures No budget adjustments between Budget Categories or Account Families would occur at Midyear unless expenses are projected to exceed the budget of one of the key expenditure areas listed above. Any unanticipated changes that result in a shift between or increase to the Operating, Capital, or Land budgets would be presented to the Board for approval as part of the State of the District Report. Reducing the level of detail reported to the Board at Midyear will significantly increase the amount of staff time available for other activities such as core functions and key projects and will continue to provide the Board with the financial information it needs to effectively oversee the District’s budget. Proposed Changes to the General Manager’s Budget Authority As discussed above, to prepare the Midyear Budget, staff currently conducts a detailed analysis of each department’s Line-Item Accounts. At the same time, the Administrative Services Department analyzes existing vacant positions and estimated hiring dates in order to revise the salaries and benefits budget. In some instances, savings in salaries and benefits may be needed to cover projected increases in services and supplies costs. When this occurs, staff proposes these shifts as part of the Midyear Budget for review and approval by the Board. The current Budget Controls Procedures Administrative Policy states that the General Manager may approve over-expenditure of a Line-Item Account as long as it is offset by savings in another Line- Item Account in the same Account Family. The General Manger, under current policy, may not approve over-expenditures or budget changes in Account Families or Budget Categories without Board approval. In the absence of a detailed budget analysis at Midyear, the ability to shift funds between Account Families and Budget Categories is needed to pay expenses and provide the General Manager the R-13-86 Page 4 flexibility to manage the budget in order to best implement the District’s annual Action Plan. To accomplish this, staff recommends the Board expand the General Manager’s budget authority as outlined below (see also Attachment 3). The District’s General Counsel has reviewed PRC 5500 and other applicable legislation and determined the Board has the authority to delegate the responsibilities detailed below to the General Manager. Additionally, these proposed changes are consistent with current government best practices based on staff’s research of twelve local government agencies. Typically, once a City Council or Board has adopted the annual budget, the City Manager or General Manager is charged with implementing the agency’s work plan and has the authority to shift money among departments, budget categories, projects, etc. as long as there is no increase to the overall budget. All cities require Council approval to shift monies between different funds. Attachment 4 provides more detail on the local government agency survey results. When staff presented the proposed changes to the Midyear process and policies to the ABC in May 2013, the Committee expressed the desire to more closely monitor certain expenses which it felt were more sensitive to public scrutiny, such as travel and conferences. In response, staff recommends expenditures greater than 5% in specific Account Families, as listed under number two below, be called out separately and reported to the Board for clear transparency and added oversight. Recommendation Expand the General Manager’s authority to manage District expenditures as follows: 1. Allow the General Manager to approve expenditure overages in Budget Categories, Account Families, Line-Item Accounts, or Departments as long as they are offset by savings in other areas, with the following restrictions: • The General Manager may not approve any expenditures that permanently increase the District’s budget; any permanent budget increases must be approved by the Board of Directors. • The General Manager may authorize temporary positions, as needed, as long as expenses remain within the adopted budget. The Board must approve the addition of any new permanent positions. 2. Require the General Manager to report overages greater than 5% in the following Account Families to the Board: • 5300 – Election Expenses/Annexation • 5500 – Special Agreements • 6000 – Insurance • 6300 – Travel Expenses • 6600 – Personnel Development 3. The General Manager has the discretion to present specific expenditures to the Board as appropriate. 4. The General Manager may not approve any overages that cause expenditures to exceed the adopted budget in the categories below; the Board must approve any increases to the budget. • Operating Budget • Capital Budget • Land Acquisition • Debt Service • Special Funds (e.g., Hawthorns) R-13-86 Page 5 5. The General Manager may delegate his/her expenditure approval authority through an Administrative Policy that sets out specific limits, by position, and is consistent with the parameters and financial controls outlined above. Alternative Rather than granting the General Manager the authority to approve expenditures to exceed budgeted amounts in Account Families or Budget Categories as long as there are offsetting budget savings elsewhere, the Board could grant the General Manager the authority to increase the budget in an Account Family or Budget Category as long as there is an offsetting budget reduction elsewhere. This alternative is not recommended for the following reasons: 1. It does not develop the organization’s budget discipline and accountability to manage expenditures. 2. It would require staff to manually enter adjustments into the Integrated Accounting and Finance System (IAFS) for each budget change, regardless of amount. 3. The recommended option accomplishes the same outcome without the staff workload impact. Proposed Changes to the Annual Budget Presentation Format The current format of the Midyear Budget Report compares the Adopted Budget to the Proposed Midyear Budget. The new State of the District Report will compare the Adopted Budget to year-to- date actual expenditures. To provide consistency, it is recommended that the Proposed Annual Budget provide a comparison to actual expenditures as well. This change would modify the current format, which compares the proposed budget to the current year adopted budget and midyear budget, to compare the proposed budget to the current year adopted and the prior year year-end actuals. The proposed new format would provide three years of information rather than just two, providing a better historical comparison of District budget and expenses. The current and proposed formats are shown below. Current Format: 13/14 13/14 14/15 $ Change % Change Adopted Midyear Proposed from 13/14 from 13/14 Budget Category Budget Budget Budget Adopted Adopted Proposed New Format: 12/13 13/14 14/15 $ Change % Change Actual Adopted Proposed from 13/14 from 13/14 Budget Category Expenditures Budget Budget Adopted Adopted FISCAL IMPACT Approval of these recommendations will not increase the District’s adopted budget. R-13-86 Page 6 BOARD COMMITTEE REVIEW The Action Plan and Budget Committee reviewed the proposed Midyear process and associated policy changes on May 31, 2013and September 4, 2013. The Committee recommends the Board approve the proposed changes outlined in this report. 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 and no environmental review is required. NEXT STEPS If the Board approves the recommended changes, staff will prepare the Fiscal Year 2013-14 Midyear Action Plan and Budget Review as outlined in this report. Staff recommends the revised Midyear Budget process and change in the General Manager’s budget authority be reviewed in one year and adjustments made, if needed. Attachment(s) 1. Glossary of terms 2. Budget Control Procedures Administrative Policy 3. Chart of Accounts Structure and Proposed Budget Authorities 4. Budget Authorities in Select Other Agencies Responsible Department Manager: Kate Drayson, Administrative Services Manager Prepared by: Kate Drayson, Administrative Services Manager Contact person: Same as above. ATTACHMENT 1: Glossary of Terms Account Family: The District budget contains numerous line item accounts which are organized into groupings of similar expense types within a budget category. For example, Professional Services, Utilities, and Travel are Account Families in the Services and Supplies Budget Category. Appropriation: Legal authorization by the governing body (e.g., City Council, Board of Directors) to make expenditures and to incur obligations for specific purposes. Budget: The financial plan for the operation of a program or organization that includes an estimate of proposed expenditures for a given period of time and the proposed means of financing those expenditures. Budget Categories: The District budget is divided into five budget categories: Salaries and Benefits, Services and Supplies, Land and Associated Costs, Capital and Fixed Assets (non-land purchases), and Debt Service. Capital Budget: A financial plan of proposed capital projects and equipment. District projects typically improve assets such as buildings, trails, culverts, and other infrastructure components. Capital projects often span more than one fiscal year. GLOSSARY OF TERMS Capital Projects: Significant infrastructure improvements that have a useful life of one year or more and selected expenses (e.g., CEQA, permits) related to such activities that are expected to lead to a capital project. Examples include constructing a new trail, parking lot, and building improvements. Debt Service: Annual principal and interest payments owed on money the District has borrowed. GLOSSARY Department: An organizational unit comprised of divisions or programs. The District has six departments: Administration, Natural Resources, Operations, Planning, Public Affairs, and Real Property Enterprise Funds: Funds established to account for the total costs of those governmental facilities and services that are operated in a manner similar to private enterprise (e.g., water utility services). These programs are entirely or predominately self-supporting. The District has no enterprise funds. Expenditure: The cost of goods received or services rendered for the government unit. Fiscal Year: A 12-month period of time to which an annual operating budget applies. The District fiscal year is April 1 through March 30. Fund: A self-balancing set of accounts. Governmental accounting information is organized into funds, each with separate revenues, expenditures and fund balances. The use of monies in a given fund are restricted to the fund’s specific purpose. The District currently has only two funds: the General Fund and the Hawthorns Fund. General Fund: The primary fund of the District or City used to account for all revenues and expenditures not required to be accounted for in another fund. Line Item Account: Individual but related accounts, each with a designated account number within an Account Family. For example, Electricity, Water, and Garbage are line item accounts within the District’s Utilities Account Family. Operating Budget: The financial plan for the operation of a program or organization that includes an estimate of proposed expenditures for a given period of time and the projected means of financing those expenditures. Salaries and Benefits: A budget category, which accounts for full-time and part-time employee salaries, benefits, overtime expenses, shift differential, etc. Services and Supplies: This budget category accounts for all non-personnel and non-capital expenses (e.g., building maintenance, contract services, equipment maintenance, office supplies, and utility costs). GLOSSARY Variances: An expenditure amount above or below the budgeted amount. 1 Policy AP-05-01 Date 4/1/05 Supersedes AP-83-6 AP-78-10 Amendments None Administrative Policy BUDGET CONTROL PROCEDURES Purpose: The purpose of this policy is to ensure that District expenditures adhere to the Board- approved budget. This policy outlines the roles of the General Manager, Assistant General Manager and Department Managers in responding to expected variances between expenditures and budgeted amounts. This policy also provides guidelines for Department Managers in the event that expenditures are anticipated to exceed budgeted amounts by line item and/or account category within their Department’s budget. Definitions: 1. Budget Categories – The District budget is divided into four budget categories: Salaries and Benefits, Services and Supplies, Fixed Assets and Debt Service. 2. Account Categories – The District budget contains numerous line item accounts which are organized into groupings of similar expenses within a budget category such as Contract Services, Utilities or Structures and Improvements. 3. Line Item Account – A single account with a designated account number within an account category. Examples include: Planning Consultant, Electricity and Signs. 4. Variances – Refers to an amount above or below the budgeted amount for a specific line item account, account category or budget category. Background: Each fiscal year (April 1 – March 31) staff builds a District budget by line item, based upon the Action Plan and what staff projects to be sufficient funding for the entire year. The budget is then presented to the Administration and Budget Committee (a standing committee of the Board), adjusted, reviewed by the District Controller and then presented to the full Board twice, once in detail and a second time for final adoption. Any variances that occur during the year should reflect only those items that allow the District to be responsive, efficient and/or effective in meeting the District and public needs, such as unanticipated events or circumstances, or new obligations. Those variances that affect the Board-approved budget or exceed the General Manager's authority are presented to the Board for approval via individual Board reports or during the mid-year budget amendment process. Sound accountability procedures are required to ensure that District expenditures stay within the budget and that the General Manager and Controller stay informed by Department Managers regarding the status of District expenditures throughout any given fiscal year. ATTACHMENT 2 2 Procedures: The following budget control procedures will assist the General Manager in monitoring expenditures and in ensuring that the District adheres to the Board-approved budget: 1. Department Managers have responsibility for regularly reviewing their budget to ensure that expenditures for the fiscal year do not exceed the amount budgeted for each line item in their detailed department budget. 2. When a Department Manager anticipates an over-expenditure in a line item account, h/she shall notify the Assistant General Manager. Department Managers may not incur an unfavorable variance greater than 10% of the amount budgeted for a line item account, but not more than $500, whichever amount is less, without first receiving approval from the General Manager. The Department Manager is responsible for offsetting this unfavorable variance with a favorable variance in another line item account within that account category, unless the General Manager proposes a mid-year adjustment or other means of addressing the over-expenditure with the Board. The General Manager will consider sustaining an unfavorable balance in any account category only in cases of urgent or unanticipated but required expenses. 3. Changes in the total amount to be spent for each of the budget categories or account categories are permissible only when the General Manager receives prior Board approval to change these amounts or to shift funds from one budget category to another. 4. Department Managers shall review expenditures for their department’s budget on a monthly basis at a minimum to monitor spending and progress on completing department goals. Department Managers should meet with staff responsible for specific line item accounts on at least a monthly basis to ensure spending is kept within budget and to anticipate any budget variances and possible Broad-approved amendments that may be needed at mid-year. To improve accuracy in projected expenditures and to prepare for the following year’s budget, Department Managers should propose adjustments in line item accounts at mid-year if a line item account is anticipated to be $500 over or under budget. 5. The General Manager will hold quarterly budget reviews with each Department Manager. Department Managers should seek approval for variances noted above as soon as possible and should not wait for a quarterly meeting to discuss them with the General Manager. The purpose of the quarterly meeting is to review the overall budget and discuss any anticipated over or under expenditures, as well as the progress of the department toward its budgeted goals. Approved: Date: L. Craig Britton, General Manager ATTACHMENT 3: Chart of Accounts Shift of Funds Authority 9/19/2013 12:40 PM Salaries & Benefits - 4000 Accounts Services & Supplies - 5000, 6000, 7000 Accts Land Expenditures - 8100 Accounts Structures & Improvements - 8200 Accounts Debt Service - 9100, 9200 Accts 4100 Salaries 5000 Outside Services 8101 Previous Land Commitments 8201 Structures - Exterior/Interior 9101 Interest - Notes - Individuals 4300 Retirement 5200 Professional Services 8102 New Land Purchases - Land Acquisition 8202 Structures - Exterior/Interior - AO#2 9102 Interest - Notes - Bonds 4400 Group Insurance 5300 Election Expenses 8103 Appraiser - Land Acquisition 8203 Structures & Imprv - Electrical 9201 Principal - Notes - Individuals 4500 Mandated Insurance 5400 Dues Subscriptions 8104 Site Engineering - Land Acquisition 8204 Structures & Imprv - Water 9202 Principal - Notes - Bonds 4700 Director Fees 5500 Special Agreements 8105 Legal Fees - Land Acquisition 8205 Structures & Imprv - Sewer/Septic 5600 Rents & Leases 8107 Title Insurance - Land Acquisition 8206 Structures & Imprv - Heating 5700 Utilities 8108 Negotiation Consultants - Land Acquisition 8207 Structures & Imprv - Staging Area/Parking Area 5800 Postage 8109 Misc. Site Acquisition 8209 Structures & Imprv - Trails & Roads 5900 Printing 8110 Site Condition Studies 8210 Structures & Imprv - Signs 6000 Insurance 8111 Option Fees & Land Bank Payment 8211 Structures & Imprv - Protective Barriers 6100 Advertising 8112 Resource Management 8212 Structures & Imprv - Resource Management 6200 GIS Data 8113 Demolition 8213 Structures & Imprv - Demolition 6300 Travel Expenses 8215 Structures & Imprv - Site Planning 6400 Vehicles 8299 Structures & Imprv - Unanticipated CIP/Misc 6600 Personnel Development 6700 Equipment Maint/Repairs Office Equipment & Furniture - 8300 Accounts 6800 Information Technology 8301 Furniture 6900 Office Equipment & Supplies 8302 Machines 7000 Field Supplies 8303 Computer Equipment 7200 Taxes and Fees 8304 Communications Equipment 7300 Contingency 7500 Web/Special Projects/Events Field Equipment - 8400 Accounts 7600 Volunteer Programs 8401 Field Equipment 8402 Fire Equipment 8408 Radio Equipment 8410 Machinery Vehicles - 8500 Accounts 8501 Vehicles 8504 Supplemental Vehicle Equipment Requires Board approval to shift funds between these expenditure categories General Manager may authorize fund shifts between these Level 1 budget categories General Manager may authorize fund shifts between Level 2 and 3 accounts OpEx Land & Associated Costs CapEx (Non-Land Purchases)Debt Service ATTACHMENT 4: Budget Authorities of Selected Other Agencies Agency General Fund Budget / Total Budget Full-Time Equivalent Employees Level 1 Shifts Level 2 Shifts Level 3 Shifts Notes East Bay Regional Parks District $100.8 M $171.3 M 728 Yes - up to $25,000 (within the same fund) Yes Yes The GM may, by notice in writing to the CFO/Controller, adjust operating funds, expenditure categories, and capital accounts by amounts which do not exceed $25,000 or conflict with the intentions or directives of the Board. Board action is required to make budget adjustments in the following cases: 1) a total increase in appropriations; 2) a budget transfer from one fund to another; 3) transfers of the Board contingency funds exceeding $5,000. Livermore Area Recreation and Park District $16.2 M N/A ~ 100 + PT staff Yes Yes Yes GM may make adjustements within the final Operating Budget that do not exceed the total appropriations approved by the Board of Directors. The Board must approve increases to the appropriated budget. Fulton-El Camino Recreation and Park District $1.5 M $3.1 M 14 Yes Yes Yes GM can approve shifts at Level 1 and reports to the Board but does not need advance approval. City of Saratoga $16.6 M $34.1 M 61 Yes (within the same fund) Yes Yes The City Manager is authorized to implement the City's workplan as approved in the adopted budget. Within a specific fund, the City Manager may transfer appropriations between categories, departments, programs and projects as needed to implement the adopted budget, provided no change is made to the total appropriation amount provided for any one fund. ATTACHMENT 4: Budget Authorities of Selected Other Agencies Agency General Fund Budget / Total Budget Full-Time Equivalent Employees Level 1 Shifts Level 2 Shifts Level 3 Shifts Notes City of San Carlos $29.2 M $36.3 M * *excludes enterprise funds 92 Yes (within the same fund) Yes Yes Budgetary control is maintained at the Department/Division level. The City Manager may approve transfers of appropriation from one program, activity or line-item within or across departments. However, total appropriations within a fund may only be increased with Council approval. City of Los Altos $29.8 M $40.1 M 130 Yes (within the same fund) Yes Yes Once the budget is adopted by Council, everything is under the purview of the City Manager, within the limitations of Memorandums of Agreement and contractual obligations. Town of Los Gatos $23.1M $55.3M 149 Yes (within the same fund) Yes Yes The Town Manager is authorized to implement the programs as approved in the adopted budget. Within a specific fund, the Town Manager may transfer appropriations between categories, departments, projects and programs as needed to implement the adopted budget. City of Cupertino $49.3 M $86.2 M 161 Yes (within the same fund) Yes Yes Departments can transfer within their divisions provided it is in the same fund as long as the transfer is not from salary and benefits. If they want to use salary and benefit savings, City Manager’s approval is required. City of El Cerrito $28.5 M $45.8 M 174 Yes (within the same fund) Yes Yes Once the budget is approved by Council, the City Manager has the authority to shift between all accounts within the same fund as long it does not increase the overall budget. ATTACHMENT 4: Budget Authorities of Selected Other Agencies Agency General Fund Budget / Total Budget Full-Time Equivalent Employees Level 1 Shifts Level 2 Shifts Level 3 Shifts Notes City of Mountain View $101.9 M $214.4 M 615 Yes (within the same fund) Yes Yes Department Managers can transfer money within salaries and benefits or services and supplies within the same fund. City of Redwood City $84.4 M $99.3 M * *excludes enterprise funds 515 Yes Yes Yes During the fiscal year, the City Manager may approve transfers between major object categories (Employee Costs, Supplies and Services, and Capital Outlay) within a single subprogram. The City Council approves transfers between subprograms and requests to establish new appropriations from unappropriated fund balances. City of Palo Alto $152.8 M $250.3 M* *excludes enterprise funds 657 * *excludes enterprise funds Yes (within the same fund) Yes Yes Changes greater than $5,000 must have CFO approval. Changes greater than $10,000 must have City Manager approval. City Manager can adjust budgets within departments but cannot transfer dollars between departments or funds. Council must authorize budget transfers between departments/funds.