Loading...
HomeMy Public PortalAbout20181024 - Agenda Packet - Board of Directors (BOD) - 18-36 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, October 24, 2018 Special Meeting starts at 6:00 PM* Regular Meeting starts at 7:00 PM* A G E N D A 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. 2018 State of California Legislative Session – Board of Directors Briefing on Matters of Interest to Midpeninsula Regional Open Space District (R-18-122) Staff Contact: Joshua Hugg, Governmental Affairs Specialist General Manager’s Recommendation: Receive and discuss the 2018 State of California Legislative Session update from legislative consultants, Public Policy Advocates LLC., and Environmental and Energy Consulting. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not on the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA Meeting 18-36 Rev. 1/3/18 CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve October 10, 2018 Minutes 2. Claims Report 3. Approve Amendments to the Conflict of Interest Code (R-18-121) Staff Contact: Gary Baum, Acting Assistant General Counsel General Manager’s Recommendation: Adopt a resolution amending the Conflict of Interest Code. 4. Award of Contract with Waterways Consulting, Inc., for design and engineering services, preparation of construction documents, permitting and bidding process support, and construction oversight for the Alpine Road Trail Repair at Coal Creek Open Space Preserve (R-18-124) Staff Contact: Bryan Apple, Capital Projects Field Manager General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year professional services contract with Waterways Consulting, Inc., of Santa Cruz, California to complete the design, permitting, bidding, and construction oversight for improvements to the Alpine Road Trail, for a base contract amount not-to-exceed $232,547. 2. Authorize a 15% contingency of $34,882 to be awarded if necessary to cover unforeseen conditions. 3. Authorize a separate contract allowance of $35,000 specifically for additional site investigations and/or modifications to the stream crossing design if required by the regulatory agencies in order to avoid implementation delays, for a combined not-to-exceed contract amount of $302,429. 5. Award of Contract for Environmental Review Services to Develop the Prescribed Fire Program (R-18-120) Staff Contact: Coty Sifuentes-Winter, Acting Natural Resources Department Manager General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year contract with Panorama Environmental, Inc., of San Francisco, California to provide environmental review services on fire ecology to support the development of the Prescribed Fire Program for an amount not to exceed $305,280. 2. Authorize a 12% contingency of $36,634 to be awarded if necessary to cover unforeseen conditions, for a total contract amount not-to-exceed $341,914. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 6. Election of Board Vice-President to serve for the remainder of Calendar Year 2018 (R-18- 126) Rev. 1/3/18 Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager General Manager’s Recommendation: Elect a Board Vice-President for the Midpeninsula Regional Open Space District Board of Directors to serve for the remainder of Calendar Year 2018. 7. Project Design Goals, Program Elements, Project Scope, Target Budget, and Public Outreach Plan for the New Administrative Office Project at 5050 El Camino Real, Los Altos, CA 94022 (R-18-123) Staff Contact: Felipe Nistal, Senior Capital Project Manager General Manager’s Recommendation: 1. Review and approve the Project Design Goals and Program Elements for the new Administrative Office building project located at 5050 El Camino Real. 2. Review and confirm the Public Outreach Plan for the project. 3. Review and select a preferred project design alternative and corresponding target budget. INFORMATIONAL MEMORANDUM • Highway 17 Wildlife and Regional Trail Crossings - Public Meeting INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. Committee Reports Staff Reports Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. 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 special and regular meetings of the MROSD Board of Directors was posted and available for review on October 18, 2018, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Rev. 1/3/18 Jennifer Woodworth, MMC District Clerk R-18-122 Meeting 18-36 October 24, 2018 STUDY SESSION AGENDA ITEM 1 AGENDA ITEM 2018 State of California Legislative Session – Board of Directors Briefing on Matters of Interest to Midpeninsula Regional Open Space District GENERAL MANAGER’S RECOMMENDATION Receive and discuss the 2018 State of California Legislative Session update from legislative consultants, Public Policy Advocates LLC., and Environmental and Energy Consulting. SUMMARY Representatives from Public Policy Advocates LLC., (PPA) and Environmental and Energy Consulting (EEC), will provide a legislative briefing on the concluded 2018 State of California legislative session. The briefing will include an overview of the current state legislative climate and its possible effect on the legislative session and the state budget. The Board of Directors (Board) last received a briefing on the 2018 Legislative Session on June 13, 2018. DISCUSSION The 2018 Legislative Program, which the Board approved at its January 10, 2018 meeting, reflects Board policy positions on a variety of issues affecting the Midpeninsula Regional Open Space District (District), its mission, and annual strategic goals. The 2018 Legislative Program has guided the determination of priority legislation to track this year. Staff and the District’s legislative consultants actively use the Board-approved 2018 Legislative Program to communicate District positions on bills, budget recommendations, and other legislative items to the respective authors and/or legislative committees as appropriate. Throughout the 2018 session, staff have continued to field time-sensitive requests from partners as well as monitor evolving pieces of legislation based on Board Policy 1.11 (Attachment 2). Legislation deemed a priority by the Board pursuant to Board Policy 1.11 are tracked, and when appropriate, either supported or opposed. The General Manager has kept the Board notified of each action taken via separate memos. Please refer to Attachment 1 for an overview of the final outcomes for District priority bills in the 2018 legislative session. Legislative Categories Legislation and topics to be discussed by PPA and EEC may include, but are not limited to: •Cap and Trade/Greenhouse Gas Reduction Fund/Climate Change •California budget process •Wildlife corridors •Water legislation R-18-122 Page 2 •Wildfire prevention/Forest health legislation •Pension reform •Redevelopment revival FISCAL IMPACT There is no fiscal impact associated with this briefing. BOARD COMMITTEE REVIEW Legislative updates are periodically brought to the Legislative, Funding, and Public Affairs Committee throughout each year. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS The Governmental Affairs Specialist will bring legislative updates and proposals to LFPAC and the Board throughout the 2019 state legislative session beginning in February 2019. Attachments: 1.MROSD 2018 Priority Bill Legislative Status 2.MROSD Board Policy 1.11, Positions on Ballot Measures and Legislative Advocacy Responsible Department Head: Cydney Bieber, Acting Assistant General Manager Prepared by: Joshua Hugg, Governmental Affairs Specialist Attachment 1 10/18/2018 1 of 10 Measure Author Category Topic Status Brief Summary Position AB 1945 Garcia, Eduardo D Climate California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan. 9/27/2018 - Vetoed by Governor.Would, beginning July 1, 2019, require state agencies administering competitive grant programs that allocate moneys from the Greenhouse Gas Reduction Fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality and to include a specified application timeline and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications. Watch SB 262 Wieckowski D Climate Climate change: climate adaptation: advisory council. 8/17/2018 - Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. APPR. SUSPENSE FILE on 6/27/2018) Current law requires the Office of Planning and Research to administer the Integrated Climate Adaptation and Resiliency Program. Current law requires the office, in coordination with appropriate entities, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. Current law requires the office to establish an advisory council, comprised of members for a range of disciplines, to support the office’s goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. This bill would recast the advisory council as the California Council for Adaptation and Resiliency. Support SB 881 Wieckowski D Climate Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project. 9/22/2018 - Approved by the Governor. Chaptered by Secretary of State. Chapter 685, Statutes of 2018. Would authorize the state to provide subvention funds, as prescribed, to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. Support MROSD Legislative Tracking Matrix 10/3/2018 Green indicates bill Approved Orange indicates bill Failed Deadline or Vetoed Attachment 1 10/18/2018 2 of 10 SB 964 Allen D Climate Public Employees’ Retirement Fund and Teachers’ Retirement Fund: investments: climate-related financial risk. 9/23/2018 - Approved by the Governor. Chaptered by Secretary of State. Chapter 731, Statutes of 2018. Current statutory law establishes various public employee retirement systems and provides for the administration of the State Teachers’ Retirement System by the Teachers’ Retirement Board and for the administration of the Public Employees’ Retirement System, among other public employee retirement systems, by the Board of Administration of the Public Employees’ Retirement System. This bill would, until January 31, 2035, require climate-related financial risk, as defined, to be analyzed to the extent the boards identify the risk as a material risk to the Public Employees’ Retirement Fund or the Teachers’ Retirement Fund. Support SB 1015 Allen D Climate Natural Resources Climate Resiliency Program. 8/17/2018 - Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. APPR. on 8/15/2018) Would establish the Natural Resources Climate Resiliency Program to plan and implement projects that increase the resiliency of natural systems, natural and working lands, and wildlife habitat in rural and urban areas throughout the state in the face of climate change. The bill would require that the program be developed and implemented by the Wildlife Conservation Board, in coordination with any participating state conservancies, as defined. Support SB 1401 Wieckowski D Climate Climate change: climate adaptation information: clearinghouse. 8/31/2018 - Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. NAT. RES. on 5/17/2018) Current law requires the Office of Planning and Research to coordinate with appropriate entities to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. The bill would require the office to seek feedback from entities that use the clearinghouse to maximize the efficacy and usefulness of the clearinghouse. Support AB 2534 Limón D Education Public resources: environmental education: grant program: Hollister Ranch. 9/30/2018-Vetoed by Governor.Would require the Director of Parks and Recreation to establish the Outdoor Equity Grants Program, to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. Watch Attachment 1 10/18/2018 3 of 10 AB 2614 Carrillo D Education Outdoor experiences: community access program: grant program. 9/18/2018-Vetoed by Governor.Would require the Natural Resources Agency to develop and implement a community access program focused on engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income and disadvantaged communities, to natural or cultural resources, community education programs, or recreational amenities. The bill would authorize the agency to develop a grant program for innovative transportation projects that provide disadvantaged and low-income youth with access to outdoor experiences, as specified. Support SB 1072 Leyva D Equity Regional Climate Collaborative Program: technical assistance. 9/13/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 377, Statutes of 2018. Current law creates the Transformative Climate Communities Program, which is administered by the Strategic Growth Council. This bill would, until October 1, 2029, establish a regional climate collaborative program, to be administered by the council, to assist under-resourced communities, as defined, in a region to access statewide public and other grant moneys, as specified, for climate change mitigation and adaptation projects by establishing collaboratives, as specified. The bill would authorize the council to award specified annual grants to collaboratives for specified activities Support in Concept Attachment 1 10/18/2018 4 of 10 AB 1800 Levine D Fire Fire insurance: indemnity. 9/21/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 628, Statutes of 2018. Current law defines the measure of indemnity for a loss under an open fire insurance policy and specifies time limits under which an insured must collect the full replacement cost of the loss. Current law prohibits, in the event of a total loss of the insured structure, a fire insurance policy issued or delivered in the state from limiting or denying payment of the replacement cost of property if the insured decides to rebuild or replace the property at a location other than the insured premises. Current law requires the measure of indemnity to be based upon the replacement cost of the insured property and prohibits it from being based upon the cost to repair, rebuild, or replace at a location other than the insured premises. This bill would instead prohibit, in the event of a total loss of an insured structure, a fire insurance policy issued or delivered in this state from containing a provision that limits or denies, on the basis that the insured has decided to rebuild at a new location or to purchase an already built home at a new location, payment of the building code upgrade cost or the replacement cost, including any extended replacement cost coverage, to the extent those costs are otherwise covered by the terms of the policy or any policy endorsement. Support AB 1954 Patterson R Fire Timber harvest plans: exemption: reducing flammable materials. 8/27/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 207, Statutes of 2018. The Z’berg-Nejedly Forest Practices Act of 1973 authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, including a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person’s property in compliance with existing laws relating to defensible space, as provided, and requires the board to adopt regulations to implement this exemption no later than January 1, 2016. Current law makes the above exemption inoperative 3 years after the effective date of regulations adopted by the board or no later than January 1, 2019. This bill would extend the inoperative date to January 1, 2022, and would delete the reporting requirement. Support Attachment 1 10/18/2018 5 of 10 AB 2091 Grayson D Fire Fire prevention: prescribed burns: insurance pool. 9/21/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 634, Statutes of 2018. Would express the intent of the Legislature to enact legislation to increase the pace and scale of the use of prescribed fire and to reduce barriers for conducting prescribed burns. The bill would require the Forest Management Task Force or its successor entity, on or before January 1, 2020, and in coordination with the Department of Insurance, to develop recommendations for the implementation of an insurance pool or other mechanism for prescribed burn managers that reduces the cost of conducting prescribed fire while maintaining adequate liability protection for lives and property when conducting prescribed burns. Support AB 2551 Wood D Fire Forestry and fire prevention: joint prescribed burning operations: watersheds. 9/21/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 638, Statutes of 2018. Current law authorizes the director of the Department of Forestry and Fire Protection to enter into an agreement with an eligible landowner pursuant to which the landowner will undertake forest resource improvement work in return for an agreement by the director to share the cost of carrying out that work. Current law authorizes the director to make various types of loans, including loans to cover all or part of the landowner’s cost for the work. Current law requires these loans to be made for a term not exceeding 20 years and bearing interest at the prevailing rate. This bill would instead authorize the director to enter into those agreements with small nonindustrial landowners, as defined. Support AB 2645 Patterson R Fire Greenhouse Gas Reduction Fund: forestry and fire prevention. 8/31/2018 - Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. NAT. RES. on 3/8/2018) Would, beginning in the 2019–20 fiscal year, continuously appropriate $74,805,000 from the Greenhouse Gas Reduction Fund annually to the Department of Forestry and Fire Protection for purposes of fire prevention activities that reduce greenhouse gas emissions. Support AB 2916 Grayson D Fire Property tax revenue allocations: qualified fire protection districts. 8/31/2018 - Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. L. GOV. on 3/22/2018) Would, for the 2020–21 to 2024–25 fiscal years, inclusive, require the auditor of a county in which a qualified fire protection district, as defined, is located to increase the total amount of ad valorem property tax revenue that is otherwise required to be allocated to each qualified fire protection district by the fire protection district equity amount, as defined, and to commensurately reduce the total amount of ad valorem property tax revenue otherwise required to be allocated among all other local agencies in the county that are not fire protection districts by the fire protection district equity amount. Oppose Attachment 1 10/18/2018 6 of 10 SB 835 Glazer D Fire Parks: smoking ban. 9/29/2018 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending. Would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, in a unit of the state park system, as defined, or to dispose of used cigar or cigarette waste in a unit of the state park system unless the disposal is made in an appropriate waste receptacle. The bill would establish a state-mandated local program by creating a new crime. Support SB 1002 Nielsen R Fire Safe Forests and Grasslands Act of 2018. 8/31/2018 - Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/5/2018) Current law requires the Department of Forestry and Fire Protection to implement and administer various programs designed to improve forests and grasslands and prevent and suppress fires in state responsibility areas, as defined.This bill would declare the intent of the Legislature to enact subsequent legislation to create the Safe Forests and Grasslands Act of 2018 to improve the health of the state’s forests and grasslands, reduce wildlife fuel, provide for bioenergy production, and reduce uncontrolled fires in state responsibility areas. Watch SB 1079 Monning D Fire Forest resources: fire prevention grants: advance payments. 9/21/2018 - Approved by the Governor. Chaptered by Secretary of State. Chapter 622, Statutes of 2018. Current law authorizes the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The Budget Act of 2017 appropriated moneys to the Department of Forestry and Fire Protection for purposes of providing local assistance grants, grants to fire safe councils, and grants to qualified nonprofit organizations with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project for these same purposes, as provided. This bill would, until January 1, 2024, authorize the director to authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from the grant awards specified above. Support Attachment 1 10/18/2018 7 of 10 SB 1260 Jackson D Fire Fire prevention and protection: prescribed burns. 9/21/2018 - Approved by the Governor. Chaptered by Secretary of State. Chapter 624, Statutes of 2018. Current law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the Director of Forestry and Fire Protection and exempts a local agency, as defined, from that requirement if ordinances of the local agency, adopted on or before December 31, 1992, impose standards that are equivalent to, or more restrictive than, specified state standards. Current law authorizes a local agency, at its discretion, to exclude from specified requirements governing fire risk reduction an area identified as a very high fire hazard severity zone by the director within the jurisdiction of the local agency, following a specified finding supported by substantial evidence that those requirements are not necessary for effective fire protection within the area. This bill would eliminate the above-described exemption and exclusion and would require the local agency to transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. Watch AB 1918 Garcia, Eduardo D Public Access Office of Sustainable Outdoor Recreation: California Sustainable Outdoor Recreation Account. 9/17/2018 - Vetoed by Governor.Current law establishes in the Natural Resources Agency the Blue Ribbon Committee for the Rehabilitation of Clear Lake, for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. This bill would establish in the agency the Office of Sustainable Outdoor Recreation. The bill would require the office to undertake certain activities, including supporting the outdoor recreation economy of the state by engaging in specified activities. The bill would also require the office to create an advisory committee to provide advice, expertise, support, and service to the office. Support Attachment 1 10/18/2018 8 of 10 AB 2137 Mayes R Special District Regional park and open-space districts: general manager: powers. 9/6/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 278, Statutes of 2018. Current law generally authorizes the general manager of any park or open-space district, with district board approval, to bind the district, in accordance with board policy, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose in amounts not exceeding $25,000. However, current law grants that authority to the general managers of the East Bay Regional Park District, the Midpeninsula Regional Open Space District, and the Sonoma County Agricultural Preservation and Open Space District with respect to the payment of amounts not exceeding $50,000. This bill would instead make $50,000 the limit by which the general manager of any park or open space district, with district board approval, may bind the district, in accordance with board policy that has been adopted in an open meeting, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose. Watch AB 2329 Obernolte R Special District Special districts: board of directors: compensation. 8/20/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 170, Statutes of 2018. Current law authorizes the board of trustees of a public cemetery district to approve an ordinance or resolution to compensate its members no more than $100 to attend a board meeting, for no more than 4 meetings per month, and authorizes a public cemetery district board of trustees to increase that compensation by no more than 5% annually.This bill would authorize a public cemetery district board of trustees to compensate its members for no more than 6 meetings in a calendar month. Support SB 929 McGuire D Special District Special districts: Internet Web sites. 9/14/2018 - Approved by the Governor. Chaptered by Secretary of State. Chapter 408, Statutes of 2018. The California Public Records Act requires a local agency to make public records available for inspection and allows a local agency to comply by posting the record on its Internet Web site and directing a member of the public to the Internet Web site, as specified. This bill would, beginning on January 1, 2020, require every independent special district to maintain an Internet Web site that clearly lists contact information for the special district, except as provided. Because this bill would require local agencies to provide a new service, the bill would impose a state-mandated local program. Support Attachment 1 10/18/2018 9 of 10 SCA 24 Galgiani D Special District Property taxation: change in ownership: base year value transfer. 8/31/2018 - Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 8/29/2018) Would limit the exclusion for the purchase or transfer of a principal residence from parents or grandparents to their children or grandchildren as provided, and would require that the principal residence transferred to a child or grandchild continue as a principal residence of the transferee. The measure would also delete the latter exclusion for the purchase or transfer of the first $1,000,000 of the full cash value of all other real property, thereby requiring these properties to be reassessed upon a purchase or transfer to a child or grandchild. Watch AB 2470 Grayson D Stewardship Invasive Species Council of California. 9/28/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 870, Statutes of 2018. Would establish the Invasive Species Council of California, with a prescribed membership, to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to advise state agencies how to facilitate coordinated, complementary, and cost-effective control or eradication of invasive species that have entered or are already established in the state, as specified. Support AB 2805 Bigelow R Stewardship Wild pigs: validations. 8/31/2018 - Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 8/27/2018) Current law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, current law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owner’s employee or agent, as specified. Under current law, a violation of the Fish and Game Code is a crime. This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. Support Attachment 1 10/18/2018 10 of 10 SB 919 Dodd D Stewardship Water resources: stream gages. 8/17/2018 - Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. APPR. SUSPENSE FILE on 8/8/2018) Would require the Department of Water Resources and the State Water Resources Control Board, upon appropriation by the Legislature, to develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for modernizing and reactivating existing gages and deploying new gages, as specified. The bill would require the department and the board, in consultation with the Department of Fish and Wildlife, the Department of Conservation, the Central Valley Flood Protection Board, interested stakeholders, and, to the extent they wish to consult, local agencies, to develop the plan to address significant gaps in information necessary for water management and the conservation of freshwater species. Support AB 2615 Carrillo D Transportation State highway system: parks and recreation: accessibility for bicycles and pedestrians. 9/18/2018 - Approved by the Governor. Chaptered by Secretary of State - Chapter 496, Statutes of 2018. Would, to the extent possible, and where feasible and cost effective, require the Department of Transportation to partner with appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federal department or agency, and any regional or local public entity, to develop strategies and plans to improve access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connected to the state highway system. Support/ Coalition Midpeninsula Regional Open Space District Board Policy Manual Positions on Ballot Measures and Legislative Advocacy Policy 1.11 Chapter 1 – Administration and Government Effective Date: 4/13/16 Revised Date: N/A Prior Versions: N/A Board Policy 1.11 Page 1 of 3 Purpose To establish a policy governing positions on local and state ballot measures/propositions and state and federal legislative advocacy. It is intended to cover all matters before the Legislature and the voters. Definitions For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the following terms and definitions shall be used: Measure – may be included on a municipal, county, or district ballot and includes ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or county charter amendments, or any other measure or proposition a legislative body may submit to the voters within the body’s jurisdiction. Ballot Proposition – can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. Propositions may be placed on the ballot by the California State Legislature or by a qualifying petition signed by registered voters. Initiative – power of the electors to propose legislation, and to adopt or reject them. Any proposed ordinance may be submitted to the legislative body by means of a petition. Referendum – applies to the process for repealing newly enacted legislation. Within specified time limits, the electors may file a petition protesting the adoption of that legislation. Local Legislation – typically ordinances, which are the laws of a city, charter, or district, often having the force of law, but only within the local jurisdiction. State or Federal Legislation – bills or proposed legislation under consideration by the legislature at the state or federal level. ATTACHMENT 2 Board Policy 1.11 Page 2 of 3 Policy 1.Positions on Matters Before the Voters a.From time to time the Board of Directors may be asked or may desire to take a position on local or state measures. The Board may consider taking a position on the measure/proposition if the measure/proposition: i.Would directly impact the District’s finances, responsibilities, legal authority, or operations; AND ii.Is in line with or inconsistent with the District’s mission and/or commitment to preserve open space within its boundaries and sphere of influence. The Board, by majority vote, may direct the General Manager to research the measure/proposition and return to the Board at a future meeting with information and a General Manager recommendation. At that time, the Board may vote to take a position on a measure/proposition. b.Measures/propositions determined to not impact District business may nonetheless be analyzed by the General Manager when directed by a majority vote of the Board, of which the analysis report would include possible alternatives for Board action, but no position recommendation. 2.Local, State, and Federal Legislative Advocacy a.The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic updates regarding the District’s legislative program. When LFPAC determines that proposed legislation may affect District business, it may direct the General Manager to prepare a recommendation for consideration by the full Board or where there is not adequate time to convene the full Board, may direct the General Manager to take action to support or oppose the legislation without full Board approval. In such cases, the General Manager or designee shall report to the Board any actions taken to support or oppose legislation at or before the next Board meeting. b.When time is so short that neither the full Board nor LFPAC can be convened to consider positions to support or oppose local, state or federal legislation, the General Manager is authorized to take a position on behalf of the District if the legislation: i.Is related to the District’s mission; AND ii.Would directly impact the District’s business, such as project delivery, operations, finances, legal authority, or other District responsibilities; AND iii.The position being taken is consistent/inconsistent with existing District policy, past action, or District Strategic Plan; OR iv.The legislation carries other considerations that make it contrary to the District’s interests. In such instances, the General Manager or designee shall report to the Board any actions taken to support or oppose the legislation at or before the next Board meeting. c.Full Board action is required regarding legislation that is not clearly within the criteria listed above under Section 2.b. or guided by direction previously given by LFPAC. Board Policy 1.11 Page 3 of 3 3.Full Board action is required to support or oppose any type of grassroots advocacy action, such as social, political, or economic movements, that are not legislation. 4.Board members representing the District in their official capacity on regional or other bodies may, at his or her discretion, take actions based on the principles above consistent with previously approved Board positions and policies. 5.This policy is not intended to limit the prerogative of individual Board members from expressing their individual support for or opposition to any local ballot measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state they are speaking for themselves, and not in an official capacity on behalf of the Board or the District. Individual Board Members who take a position in support or opposition to ballot measure or legislation for which the Board has not previously taken a position are encouraged as a professional courtesy to include the language for identification purposes only parenthetically following their signature referencing their position on the Board. October 10, 2018 Board Meeting 18-35 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, October 10, 2018 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Cyr called the special meeting of the Midpeninsula Regional Open Space District to order at 5:32 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Pete Siemens, and Curt Riffle Members Absent: None Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Acting Assistant General Manager Brian Malone, Acting Assistant General Manager Kirk Lenington, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, Senior Real Property Agent Allen Ishibashi Public comments opened at 5:32 p.m. No speakers present. Public comments closed at 5:32 p.m. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) Name of Case: Burkhart v. Midpeninsula Regional Open Space District; Santa Clara County Superior Court Case Number 18CV334473. 2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4): (one potential case) Meeting 18-35 Page 2 ADJOURNMENT President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:59 p.m. REGULAR MEETING President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:06 p.m. President Cyr reported the Board met in closed session, and no reportable action was taken. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Pete Siemens, and Curt Riffle Members Absent: None Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Acting Assistant General Manager Brian Malone, Acting Assistant General Manager Kirk Lenington, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Human Resources Manager Candice Basnight, Governmental Affairs Specialist Joshua Hugg, Climate Resiliency Fellow Hayley Edmonston ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 7-0-0 SPECIAL ORDERS OF THE DAY • Proclamation Honoring Director Cecily Harris CONSENT CALENDAR Director Hassett pulled Item 3 from the Consent Calendar. Director Riffle pulled Item 4 from the Consent Calendar. Public comment opened at 7:22 p.m. Meeting 18-35 Page 3 No speakers present. Public comment closed at 7:22 p.m. Motion: Director Kishimoto moved, and Director Hassett seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 1. Approve September 12, 2018 and September 26, 2018 Minutes 2. Claims Report 3. Award of Contract to Gradetech Inc., to Replace the Purisima Creek Redwoods Vault Toilet (R-18-113) Item 3 was heard after Item 4. Director Hassett commented on the bidding process suggesting staff should solicit bids from contractors that are local to the District rather than outside of the District’s boundaries, which could also reduce the District’s carbon footprint. Awarding contracts to businesses within the District will also help the District be a good neighbor by investing in District communities. Capital Project Manager III Sean Smith reported that he contacted numerous contractors within the District and on the coast, and none were interested in bidding on the project. Director Hassett suggested including that information in the staff report and to educate local vendors regarding the District’s contracting and bidding process. Director Harris suggested the District might want to research options for giving preference to local businesses when awarding contracts. Director Siemens suggested the District may want to pursue a legislative solution related to the bonding requirements for contractors. General Manager’s Recommendation: 1. Award a contract to Gradetech Inc., of San Ramon, California for a not-to-exceed base contract amount of $80,000 to replace the single vault toilet restroom with a double vault toilet restroom at lower Purisima Creek Redwoods Open Space Preserve. 2. Authorize a 15% contingency of $12,000 to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $92,000. Motion: Director Hassett moved, and Director Harris seconded the motion to approve the General Manager’s recommendation. VOTE: 7-0-0 Meeting 18-35 Page 4 4. Approve a Correction to the Classification and Compensation Plan and a Corresponding Correction in the Midpeninsula Regional Open Space District Memorandum of Understanding with the Field Employees Association (R-18-117) Item 4 was heard after approval of the Consent Calendar. Director Riffle requested clarification of the error that is being proposed for correction. Human Resources Manager Candice Basnight explained the formula calculation error for the hourly salary rates for staff members and explained no staff members were paid incorrectly. General Manager’s Recommendation: 1. Adopt a resolution approving a corrected Classification and Compensation Plan for Midpeninsula Regional Open Space District Employees. 2. Adopt a resolution approving the corrected Salary Range Chart in the Memorandum of Understanding with the Field Employees Association. Motion: Director Hassett moved, and Director Harris seconded the motion to approve the General Manager’s recommendation. VOTE: 7-0-0 5. Resolution to Oppose California State Proposition 6 (R-18-116) General Manager’s Recommendation: Adopt a resolution to oppose California State Proposition 6, which seeks to repeal the Road Repair and Accountability Act of 2017, and require voter approval for future increases or extensions of fuel taxes and vehicle fees. 6. Board Response to Written Communications from Ken Lucchesi, Maggie Tides, Stephen Wassather Director Kishimoto requested the following change to the draft response: “However, Midpen manages the county park in part because our current Currently our policy is to provide Board of Directors want to ensure that visitors have free access to open space preserves 365 days a year, as they do to at all 24 Midpen open space preserves that are open to the public.” General Manager’s Recommendation: Approve the proposed response to Ken Lucchesi, Maggie Tides, Stephen Wassather. BOARD BUSINESS 7. Climate Change Policy and Climate Action Plan (R-18-114) Meeting 18-35 Page 5 Climate Resiliency Fellow Hayley Edmonston provided the staff presentation summarizing the feedback previously received from the Board and how these recommendations were incorporated into the Climate Change Policy and Climate Action Plan. Director Harris inquired if staff has a plan for notifying the public of the District’s progress on implementation. General Manager Ana Ruiz stated Public Affairs staff will prepare press releases, make social media announcements and pursue other methods of communication to notify partners and members of the public of our progress. Additionally, Ms. Edmonston reported there are associated awards for progress on efforts addressing climate change, which the District may be interested in pursuing and will explore. Public comments opened at 7:54 p.m. No speakers present. Public comments closed at 7:54 p.m. Director Kishimoto spoke in favor of Option 2 and spoke regarding a recent report from the Intergovernmental Panel on Climate Change related to the impact of climate change and the positive effect of even small changes, and spoke in favor of future goals. Motion: Director Kishimoto moved, and Director Riffle seconded the motion to: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act. 2. Approve the Climate Change Policy as a chapter to the Resource Management Policies, including Option 2 to set greenhouse gas reduction goals. 3. Adopt the Climate Action Plan. 4. Direct the General Manager to begin implementation of the Climate Action Plan, identifying new budget and project implementation items as part of the Fiscal Year 2019-20 Capital Improvement and Action Plan and Budget development process. VOTE: 7-0-0 8. Options to Fill a Vacancy Resulting from the Resignation of Director Cecily Harris (R-18-115) District Clerk/Assistant to the General Manager Jennifer Woodworth provided the staff presentation describing the process for filling the vacancy for Ward 7 either by appointment or by calling a special election. Additionally, the Board may authorize the Board President to appoint Board members to serve on the Planning and Natural Resources, and Legislative, Funding, and Public Affairs Committees Directors Hanko and Siemens commented on the high cost of a special election and spoke in support of filling the vacancy by appointment to save funds for future District projects. Meeting 18-35 Page 6 Public comments opened at 8:11 p.m. Lennie Roberts spoke in favor of the appointment process and spoke in favor of considering a resident of the coast as a factor for selection. Public comments closed at 8:13 p.m. Director Kishimoto spoke in favor of voter outreach to encourage applicants. Motion: Director Hanko moved, and Director Hassett seconded the motion to: 1. Determine whether to fill the Ward 7 Board Director vacancy for the term ending January 4, 2021 by either appointment or special election. Motion: Director Riffle moved, and Director Siemens seconded the motion to: 1. Fill the Ward 7 vacancy by appointment and approve the following recruitment procedure for the Ward 7 vacancy: a) Approve the application form, as amended; b) Approve the general criteria for appointment to the Board of Directors, as amended; c) Approve the procedures for interviews; and d) Approve the proposed timeline for filling the vacancy. 2. Authorize the Board President to appoint Board members to fill the vacancies on the following committees: Planning and Natural Resources and Legislative, Funding and Public Affairs Committees. VOTE: 6-0-0 (Director Harris recused.) President Cyr appointed Director Kishimoto to serve on the Planning and Natural Resources Committees. President Cyr appointed Director Riffle to serve on the Legislative, Funding, and Public Affairs Committee. INFORMATIONAL MEMORANDUM • Administrative Office Remodel Project Update INFORMATIONAL REPORTS A. Committee Reports Director Harris reported the Planning and Natural Resources Committee met on October 9, 2018 to discuss the use of glyphosate as part of the District integrated pest management program. B. Staff Reports Ms. Ruiz reported she met with Santa Clara County Supervisor Dave Cortese. Meeting 18-35 Page 7 C. Director Reports The Board members submitted their compensatory reports. Director Riffle reported he will be attending the 100th Anniversary event for Save the Redwoods League. Director Kishimoto reported her attendance at a meeting of the Sierra Club and an event hosted by Menlo Spark related to climate change. Director Siemens reported he met with Santa Clara County Supervisor Dave Cortese. Director Harris reported her attendance at the POST Global Action Summit. ADJOURNMENT President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:58 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-36 MEETING DATE 10-24-18 Fiscal Year to date EFT:10.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 79074 Check 10/19/2018 11049 - CITY OF EAST PALO ALTO Cooley Landing Project Phase IV & V Reimbursement 100,023.73 79097 Check 10/19/2018 11734 - S&S WELDING, INC.Steel Girders, Lateral Braces & Angle Brackets for 50' SCNT Bridge 42,120.00 79053 Check 10/12/2018 11734 - S&S WELDING, INC.Steel Girders, Lateral Braces & Angle Brackets for 46' SCNT Bridge 28,080.00 79101 Check 10/19/2018 11751 - STILLWATER SCIENCES Weap Training, Biomonitoring for Stevens Creek Trail Bridges 19,352.48 79093 Check 10/19/2018 11854 - RECON ENVIRONMENTAL, INC.Plant Maintenance and Revegetation Sites - Mt. Umunhum, Mindego Gateway, Sears Ranch, Bald Mountain Parking Lot & Woods Trai 17,521.34 79039 Check 10/12/2018 10793 - FALL CREEK ENGINEERING La Honda Creek Loop Trail Engineering Services thru 8/31/18 14,140.26 79067 Check 10/19/2018 11772 - AHERN RENTALS, INC.Equipment Rental (SA-H's Creek) 8/23/18 - 9/20/18 14,077.35 203 EFT 10/12/2018 *10216 - VALLEY OIL COMPANY Fuel for District Vehicles 13,433.00 79047 Check 10/12/2018 11923 - PROVOST & PRITCHARD Construction Consultation Services - Waterline Replacement for McDonald Ranch 11,786.84 79099 Check 10/19/2018 11920 - SEQUOIA ECOLOGICAL CONSULTING INC.Biological Services for BCR 11,652.00 79094 Check 10/19/2018 11993 - REDWOOD CATERING, INC.Catering for 2018 Volunteer Recognition Event 09/22/18 9,299.39 201 EFT 10/12/2018 11895 - TIMMONS GROUP, INC.Asset Management Software Implementation/Consulting - thru 8/31/18 8,222.50 79109 Check 10/19/2018 11990 - ZFA STRUCTURAL ENGINEERS Mt. Umunhum Radar Tower Exterior Analysis Project 8,152.50 79068 Check 10/19/2018 11561 - AM PARTY RENTALS Volunteer Recognition Event - Tents, Table, Chairs & Linen 7,334.68 196 EFT 10/12/2018 11994 - Container Solutions, Inc.Storage Container (SA-MT UM)7,057.75 79082 Check 10/19/2018 11859 - HORIZON WATER AND ENVIRONMENT, LLC Programmatic Permitting Services August 2018 6,311.25 207 EFT 10/19/2018 10222 - HERC RENTALS, INC.Equipment Rentals - Dump Truck (Cathedral Oak's), Skidsteer Attachment (SA), Roller (RSA) & Mini Excavator with Bucket (Hendry's C 6,002.08 79048 Check 10/12/2018 10211 - PUBLIC POLICY ADVOCATES 2018 Monthly Fee - Legislative Advocacy Services for July & September 5,860.57 79108 Check 10/19/2018 *11118 - WEX BANK Fuel for District Vehicles 5,741.25 79080 Check 10/19/2018 11492 - HAWK DESIGN & CONSULTING Feasibility Study & Structural Oversight at Skyline Blvd & Reimbursement for Permit Fees for Bergman 5,483.46 79045 Check 10/12/2018 10031 - MILLS DESIGN Fall 2018 Newsletter, Outdoor Activities, and Web Files for both 5,023.75 79028 Check 10/12/2018 11772 - AHERN RENTALS, INC.Equipment Rental - Mini Excavator 04/27/18 - 09/19/18 SCNT & Forklift Rental Pickup Fee 4,546.78 79042 Check 10/12/2018 11352 - HAMMER FENCES Re-Align Boundary Fence at Event Center 4,180.00 79103 Check 10/19/2018 11055 - SYSTEMS FOR PUBLIC SAFETY Background Check - Ranger Candidates 4,156.31 79075 Check 10/19/2018 11664 - LSQ Funding Group, L.C.Temporary Administrative Assistant and Receptionist Staffing 3,838.75 200 EFT 10/12/2018 10222 - HERC RENTALS, INC.Equipment Rental - Mini-Excavator for Hendry's Creek 3,264.55 79100 Check 10/19/2018 10302 - STEVENS CREEK QUARRY INC Rock for Storage Container Pad (SA-MT UM), Parking Lot (SAO)3,226.60 79033 Check 10/12/2018 11386 - BOB MURRAY & ASSOCIATES Public Affairs Manager Recruitment - 8/30/18 Kick Off 3,000.00 79058 Check 10/12/2018 10583 - TPX COMMUNICATIONS Telephone and Internet Service 9/16 - 10/15/18 2,741.03 79085 Check 10/19/2018 11572 - MESITI-MILLER ENGINEERING INC.Webb Creek Bridge - Task 4 Construction (BCR)2,464.42 79031 Check 10/12/2018 11799 - AZTEC LEASING, INC.Sharp Copier Lease 9/1/18 - 10/1/18 2,326.06 79051 Check 10/12/2018 10093 - RENE HARDOY Landscape Upgrades for AO 2,289.00 79076 Check 10/19/2018 10032 - DEL REY BUILDING MAINTENANCE Janitorial Services & Supplies - October 2018 2,273.10 79055 Check 10/12/2018 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)2,080.46 79038 Check 10/12/2018 11940 - Dickenson, Peatman & Fogarty Water Law Counsel (Real Property)2,030.00 79035 Check 10/12/2018 10170 - CASCADE FIRE EQUIPMENT COMPANY Parts for Truck Fire Pumpers - Pump Head, Gauge, Throttle Cable 1,961.31 79069 Check 10/19/2018 10141 - BIG CREEK LUMBER CO INC Oljon Trail - Lumber for Retaining Walls 1,902.55 79030 Check 10/12/2018 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 1,894.76 208 EFT 10/19/2018 *10212 - PINNACLE TOWERS LLC Tower Rental Site ID# 871823 1,852.43 79096 Check 10/19/2018 10324 - RICH VOSS TRUCKING INC Delivery of Rock (SAO)1,518.00 198 EFT 10/12/2018 10585 - FLEETCARE INTERNATIONAL INC Vehicle Inspection & Tires Rotated Service M204, P101, M203, P107, P96 1,435.61 79105 Check 10/19/2018 10403 - UNITED SITE SERVICES INC VRE Portable Restroom & Temporary Fencing Rental (SA-Mt. Um) 9/24/18 - 10/21/18 1,389.65 79077 Check 10/19/2018 10524 - ERGO WORKS Ergo Equipment-Chair lift Replacement Part & (2) Chairs 1,387.45 79102 Check 10/19/2018 10143 - SUMMIT UNIFORMS Baseball Hats for Rangers 1,147.13 204 EFT 10/12/2018 12009 - BROWN, JEFF Food Reimbursement - Ranger Academy 1,025.00 79027 Check 10/12/2018 10001 - AARON'S SEPTIC TANK SERVICE Septic Pumping at Tenant Properties 1,025.00 79034 Check 10/12/2018 12009 - BROWN, JEFF Food Reimbursement - Ranger Academy 1,025.00 79064 Check 10/12/2018 10482 - WESTERN TRUCK FABRICATION INC M231 Maintenance & Service 1,000.00 79041 Check 10/12/2018 10187 - GARDENLAND POWER EQUIPMENT Stihl Chain Saws (2)978.79 79090 Check 10/19/2018 11662 - PITNEY BOWES INC Postager Meter Supplies - Red Ink & Tape Strips 972.74 79098 Check 10/19/2018 10136 - SAN JOSE WATER COMPANY Water Service (RSACP) & (BCR)932.77 Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors page 2 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-36 MEETING DATE 10-24-18 Fiscal Year to date EFT:10.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 79081 Check 10/19/2018 10223 - HEXAGON TRANSPORTATION CONSULTANTS, INC Parking Lot Access - BCR 3/31/18 - 9/21/18 915.00 79060 Check 10/12/2018 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP) & (SA)904.14 79095 Check 10/19/2018 10194 - REED & GRAHAM INC Road Repair Material (RSA)901.31 79040 Check 10/12/2018 11151 - FASTENAL COMPANY Protective Gear, Hardware (RSACP) & Step Drill Bits for SFO 877.66 79086 Check 10/19/2018 10190 - METROMOBILE COMMUNICATIONS Radio Installation - M229 870.60 79072 Check 10/19/2018 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)853.37 199 EFT 10/12/2018 11761 - GREIG, NATHANIEL Commercial UAV Expo (Unmanned Aerial Vehicles)813.75 79070 Check 10/19/2018 11680 - BIGGS CARDOSA ASSOCIATES INC On-Call Task Order Bridge Deck Replacement Purisima Load Rating 812.00 202 EFT 10/12/2018 11916 - TOKATLIAN, KARINE Reimburse Rabies Vaccination - (2) Preventative 699.98 79089 Check 10/19/2018 10140 - PINE CONE LUMBER CO INC Lumber (FOOSP)653.61 79029 Check 10/12/2018 10528 - ALL STAR GLASS Repair Windshield P98 602.31 79066 Check 10/19/2018 10001 - AARON'S SEPTIC TANK SERVICE Sanitation Services - PC-lower 550.00 79078 Check 10/19/2018 11545 - ERIN ASHFORD PHOTOGRAPHY LLC Video of Ana's Speech for Welcome Event 550.00 205 EFT 10/19/2018 10352 - CMK AUTOMOTIVE INC M204 Brakes and AC Service 490.15 79043 Check 10/12/2018 11041 - INTERSTATE ALL BATTERY CENTER - SILICON VALLEY Radio Batteries 452.35 79084 Check 10/19/2018 11957 - MATTOX, JANIS Reimbursement to Tenant for Light & Tile Materials 422.52 79054 Check 10/12/2018 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Service - August 2018 414.00 79063 Check 10/12/2018 11852 - WESTERN EXTERMINATOR CO.Exterminator Service (RSA-Annex)410.00 79059 Check 10/12/2018 10561 - ULINE Protective Gear - Face Respirator, Gloves 379.40 79073 Check 10/19/2018 10168 - CINTAS Shop Towel Service (FFO & SFO)364.76 79062 Check 10/12/2018 *10527 - WASTE MANAGEMENT Debris Disposal - GP 340.73 195 EFT 10/12/2018 10352 - CMK AUTOMOTIVE INC P86 Maintenance Service 338.94 79104 Check 10/19/2018 10152 - TADCO SUPPLY Janitorial Supplies (RSACP)328.55 79052 Check 10/12/2018 10935 - RICE TRUCKING-SOIL FARM Water Delivery to Toto 320.69 79071 Check 10/19/2018 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service for Rentals - 8/24/18 - 9/25/18 292.85 206 EFT 10/19/2018 10585 - FLEETCARE INTERNATIONAL INC P95 Vehicle Inspection & Tires Rotated Service 239.36 79091 Check 10/19/2018 10261 - PROTECTION ONE Alarm Service (FFO) 10/28/18 - 11/27/18 201.40 79036 Check 10/12/2018 10014 - CCOI GATE & FENCE Gate Service (SAO)200.00 79106 Check 10/19/2018 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services - HR 168.00 79107 Check 10/19/2018 10527 - WASTE MANAGEMENT Debris Disposal (SA-HC)150.50 194 EFT 10/12/2018 11749 - ASKAY , MELANIE Reimburse for Travel Expenses to Sacramento, Oakland & SF for Training 147.73 79044 Check 10/12/2018 10260 - LUND PEARSON MCLAUGHLIN Fire Sprinkler Inspection AO 140.00 79050 Check 10/12/2018 10194 - REED & GRAHAM INC Asphalt Rakes 139.84 79037 Check 10/12/2018 10032 - DEL REY BUILDING MAINTENANCE Clean AO Refrigerator & Paper Towels for Office 125.00 79079 Check 10/19/2018 10169 - FOSTER BROTHERS SECURITY SYSTEMS Door Knobs for Storage Container (SA-MT UM)107.60 79056 Check 10/12/2018 10162 - TERMINIX PROCESSING CENTER AO Pest Control 86.00 79057 Check 10/12/2018 11596 - TOSHIBA BUSINESS SOLUTIONS Printer Supplies - Toner 81.30 79032 Check 10/12/2018 10183 - BARRON PARK SUPPLY CO INC Repair AO Women's WC 69.81 79083 Check 10/19/2018 10421 - ID PLUS INC L&F Staff Uniform 51.00 197 EFT 10/12/2018 11829 - EDMONSTON, HAYLEY September Mileage Rembursement 32.70 79092 Check 10/19/2018 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)28.25 79065 Check 10/12/2018 11176 - ZORO TOOLS Air Hose for - CAO 27.24 79049 Check 10/12/2018 10195 - REDWOOD GENERAL TIRE CO INC M214 - Valve Stem Replacement 25.38 79046 Check 10/12/2018 10670 - O'REILLY AUTO PARTS P88 Vehicle Supply - Repair Kit & Backup Light 19.66 79061 Check 10/12/2018 10165 - UPS Binocular Repair/Replacement Sent Back to Vendor 17.29 79087 Check 10/19/2018 10288 - MISSION VALLEY FORD TRUCK SALES, INC Spare Equipment Key - RTV Kabota 10.59 79088 Check 10/19/2018 10253 - PETERSON TRACTOR CO M14 Equipment Part 9.91 Grand Total 427,178.66$ *Annual Claims **Hawthorn Expenses page 3 of 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 18-36 MEETING DATE 10-24-18 Fiscal Year to date EFT:10.90% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors A### = Administrative Office Vehicle GP = General Preserve PCR = Purisima Creek Redwoods SCNT = Stevens Creek Nature Trail AO2, AO3, AO4 = Administrative Office Leased SpaHR = Human Resources PIC= Picchetti Ranch SCS = Stevens Creek Shoreline Nature Area BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SFO = Skyline Field Office CAO = Coastal Area Office LR = Long Ridge RR = Russian Ridge SG = Saratoga Gap CC = Coal Creek LT = Los Trancos RR/MIN = Russian Ridge - Mindego Hill SJH = Saint Joseph's Hill DHF = Dear Hollow Farm M### = Maintenance Vehicle RSA = Rancho San Antonio SR= Skyline Ridge ECdM = El Corte de Madera MB = Monte Bello RV = Ravenswood T### = Tractor or Trailer ES = El Sereno MR = Miramontes Ridge SA = Sierra Azul TC = Tunitas Creek FFO = Foothills Field Office OSP = Open Space Preserve SAO = South Area Outpost TH = Teague Hill FOOSP = Fremont Older Open Space Preserve P### = Patrol Vehicle SAU = Mount Umunhum TW = Thornewood Abbreviations Rev. 1/3/18 R-18-121 Meeting 18-36 October 24, 2018 AGENDA ITEM 3 AGENDA ITEM Amendments to the Conflict of Interest Code GENERAL MANAGER’S RECOMMENDATION Adopt a resolution amending the Conflict of Interest Code. SUMMARY State law requires all public agencies, including the Midpeninsula Regional Open Space District (District), to adopt a Conflict of Interest Code (Code) and update it biennially. The Code designates positions required to file Form 700 - Statement of Economic Interests, which is a public document intended to identify the staff members who are involved in making final decisions that bind the District. The District’s clerk, legal department, and human resources department have identified new classifications to add and outdated classifications to remove from the list of positions in the District’s Code. DISCUSSION Pursuant to Government Code Section 87306.5, every two years the District is required to review its Conflict of Interest Code (Code) and submit a notice to the code-reviewing body, the California Fair Political Practices Commission (FPPC). The Code lists District employees who must file Form 700, in which they are required to disclose economic interests in certain entities that are engaged in business with the District. The list of designated positions contains employee classifications that are involved or participate in making decisions that may foreseeably have a material effect on personal financial interests, as set forth in Section 87302(a) of the Government Code. In other words, listed positions are those individuals who are involved in making final decisions that may bind the District. Amendments to the Code reflect an analysis of existing and new positions to identify employees who are making decisions for the District that would require them to disclose their financial interests within the meaning of FPPC regulations. Because the District has undergone recent significant organizational changes, there are numerous amendments to the List of Designated Positions (List), shown in bold in Attachment 1, which include position additions/deletions, changes to job classifications, and changes in disclosure categories. In July and August 2018, the District sought FPPC review of the District’s draft List and implemented certain changes suggested by the FPPC related to the appropriate disclosure category for each position. These suggested changes have already been incorporated into the List. R-18-121 Page 2 In accordance with FPPC regulations, the District’s Notice of Intention to amend its Conflict of Interest Code was posted on September 5, 2018 and provided to employees. It has been available for at least 45 days prior to this meeting. As of the writing of this report, the District Clerk received three suggestions from employees to add certain positions to the list. As these were inadvertently omitted, the attached List now includes the suggested additions. A copy of the proposed amended Conflict of Interest Code is attached to this report. FISCAL IMPACT There are no unbudgeted fiscal impacts with this agenda item. BOARD COMMITTEE REVIEW A Board Committee did not previously review this item. PUBLIC NOTICE Notice of the public hearing and proposed amendments has been posted for the required 45 days prior to the October 24, 2018 Board meeting. CEQA COMPLIANCE This is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If approved by the Board, staff will transmit the proposed amendments to the District’s Conflict of Interest Code, with certification of the General Manager, to the FPPC for final review and approval. Once approved by the FPPC, staff will implement the amended Code and notify all affected employees. Attachments: 1. List of Designated Positions with changes marked in bold 2. Resolution 3. Proposed Amended Conflict of Interest Code Responsible Department Head: Hilary Stevenson, General Counsel Prepared by: Gary Baum, Acting Assistant General Counsel Contact person: Gary Baum, Acting Assistant General Counsel Jennifer Woodworth, District Clerk 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: info@openspace.org • Web site: www.openspace.org CONFLICT-OF-INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX A- DESIGNATED POSITIONS* Designated Positions Assigned Disclosure Categories Accountant 2 Area Manager 1, 2 Area Superintendent 1, 2 Assistant General Counsel (All Levels) 1, 2 Assistant General Manager 1, 2 Board Members 1, 2 Bond Oversight Committee Members 1, 2 Budget & Analysis Manager 3 Chief Financial Officer/Director of Administrative Services 1, 2 Capital Field Project Manager 1, 2 Capital Project Manager (All Levels) 1, 2 District Clerk/Assistant to the General Manager 2 Docent Program Manager 3 Engineering and Construction Manager 1, 2 Executive Assistant/Deputy City Clerk 2 Finance Manager 2 Facilities Maintenance Supervisor 3 General Counsel 1, 2 General Manager 1, 2 GIS Program Administrator 1, 2 Governmental Affairs Specialist 2, 3 Grants Specialist 3 Human Resources Manager 2 Human Resources Supervisor 2 Information Systems and Technology Manager 3 Information Technology Program Administrator 3 Land and Facilities Service Manager 2 Maintenance, Construction and Resources Supervisor 2 Natural Resources Manager 3 Planner (All Levels) 1,2 Planning Manager 1,2 Procurement & Contract Agent/Specialist 3 Property Management Specialist (All Levels) 1,2 Public Affairs Manager 1,2 Public Affairs Specialist (All Levels) 2 Real Property Manager 2 ATTACHMENT 1 2 Real Property Specialist I & II 1, 2 Resource Management Specialist (All Levels) 1, 2 Risk Management Coordinator 2 Senior Administrative Assistant 2 Senior Management Analyst 1, 2 Senior Real Property Agent 1, 2 Supervising Ranger 1, 2 Training and Safety Specialist 2 Visitor Services Manager 3 Volunteer Program Manager 3 Consultants/New Positions * *Revisions to the List (new or updated position titles) are shown in bold. RESOLUTION 18- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING CONFLICT OF INTEREST CODE WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District (District) has adopted and maintained a Conflict of Interest Code pursuant to the Political Reform Act of 1974; and WHEREAS, Government Code Section 87306.5 requires a biennial review of the District’s Conflict of Interest Code; and WHEREAS, the District, in accordance with the California Fair Political Practices Commission Regulation 18750.1 (Title 2 California Code of Regulations Section 18750.1), has prepared code amendments, noticed affected staff members and the public of its intent to amend the code, and conducted a public hearing to consider the amendments. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve to repeal Resolution No. 14-34 and adopt the amended Conflict of Interest Code as contained herein, to be effective on the thirtieth (30) day following approval of the District’s amended code by the Fair Political Practices Commission. * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on October 24, 2018, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel ATTACHMENT 2 I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: info@openspace.org • Web site: www.openspace.org CONFLICT-OF-INTEREST CODE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Political Reform Act (Government Code Sections 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard conflict-of-interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of the Midpeninsula Regional Open Space District (District). Individuals holding designated positions shall file their statements with the District, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) All statements will be retained by the District. ATTACHMENT 3 2 CONFLICT-OF-INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX A- DESIGNATED POSITIONS Designated Positions Assigned Disclosure Categories Accountant 2 Area Manager 1, 2 Area Superintendent 1, 2 Assistant General Counsel (All Levels) 1, 2 Assistant General Manager 1, 2 Board Members 1, 2 Bond Oversight Committee Members 1, 2 Budget & Analysis Manager 3 Chief Financial Officer/Director of Administrative Services 1, 2 Capital Field Project Manager 1, 2 Capital Project Manager (All Levels) 1, 2 District Clerk/Assistant to the General Manager 2 Docent Program Manager 3 Engineering and Construction Manager 1, 2 Executive Assistant/Deputy City Clerk 2 Finance Manager 2 Facilities Maintenance Supervisor 3 General Counsel 1, 2 General Manager 1, 2 GIS Program Administrator 1, 2 Governmental Affairs Specialist 2, 3 Grants Specialist 3 Human Resources Manager 2 Human Resources Supervisor 2 Information Systems and Technology Manager 3 Information Technology Program Administrator 3 Land and Facilities Service Manager 2 Maintenance, Construction and Resources Supervisor 2 Natural Resources Manager 3 Planner (All Levels) 1,2 Planning Manager 1,2 Procurement & Contract Agent/Specialist 3 Property Management Specialist (All Levels) 1,2 Public Affairs Manager 1,2 Public Affairs Specialist (All Levels) 2 Real Property Manager 2 Real Property Specialist I & II 1, 2 Resource Management Specialist (All Levels) 1, 2 3 Risk Management Coordinator 2 Senior Administrative Assistant 2 Senior Management Analyst 1, 2 Senior Real Property Agent 1, 2 Supervising Ranger 1, 2 Training and Safety Specialist 2 Visitor Services Manager 3 Volunteer Program Manager 3 Consultants/New Positions * *Consultants and new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The General Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The General Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Section 81008.) The following positions are NOT covered by the conflict-of-interest code because they must file under Government Code Section 87200 and, therefore, are listed for informational purposes only: •Controller An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code Section 87200. 4 CONFLICT-OF-INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX B-DISCLOSURE CATEGORIES Category 1 – Interests in real property are reportable interests if: The real property to which the interest pertains is located in whole or in part within the District’s boundaries or sphere of influence, or within two miles of the District’s boundaries or sphere of influence, or within two miles of any land owned by the District. (A residence used solely for personal purposes is not reportable pursuant to Gov. Code Section 87206.) Category 2 A. Income (including the receipt of gifts, loans, and travel payments), investments, and business positions: 1. In any business entity engaged in business within the District and which is of the type that has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment, vehicles or insurance. 2. In any business entity that engages in the design, planning, engineering, construction, materials supply or project management of private or public construction projects with the District. 3. In any business entity that engages in the business of brokerage, acquisition, leasing, marketing or disposal of real property within the District. 4. In any business entity that engages in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as Environmental Impact Reports, real property appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluation of the physical condition of real property. Category 3 Investments and business positions in business entities, and sources of income (including receipt of loans, gifts, and travel payments) from sources of the type for which the employee’s division has purchasing authority. Rev. 1/3/18 R-18-124 Meeting 18-36 October 24, 2018 AGENDA ITEM 4 AGENDA ITEM Award of Contract with Waterways Consulting, Inc., for design and engineering services, preparation of construction documents, permitting and bidding process support, and construction oversight for the Alpine Road Trail Repair at Coal Creek Open Space Preserve. GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a multi-year professional services contract with Waterways Consulting, Inc., of Santa Cruz, California to complete the design, permitting, bidding, and construction oversight for improvements to the Alpine Road Trail, for a base contract amount not-to-exceed $232,547. 2. Authorize a 15% contingency of $34,882 to be awarded if necessary to cover unforeseen conditions. 3. Authorize a separate contract allowance of $35,000 specifically for additional site investigations and/or modifications to the stream crossing design if required by the regulatory agencies in order to avoid implementation delays, for a combined not-to-exceed contract amount of $302,429. SUMMARY A qualified design and engineering team is needed to complete the design and engineering, assist with permitting and bidding, and provide construction oversight for the repair of several stream crossings and slope failures on the Alpine Road Trail at Coal Creek Open Space Preserve. The Midpeninsula Regional Open Space District (District) released a Request for Qualifications and Proposals (RPQP) in July 2018. Based on the results of the RFQP process, the General Manager recommends awarding a professional services contract to Waterways Consulting, Inc., for a base contract amount of $232,547, with a 15% contingency of $34,882, and a separate allowance of $35,000, for a total not-to-exceed contract amount of $302,429. The Fiscal Year (FY) 2018-19 budget includes sufficient funds to cover costs through the end of June. Subsequent Budget and Action Plan cycles would include additional budget to complete the design, bidding, and construction oversight work. DISCUSSION The Alpine Road Trail is an important regional trail connection through Coal Creek Open Space Preserve for cyclists and hikers traveling from Portola Valley to upper Page Mill Road near Skyline Boulevard that avoids public roads. Alpine Road Trail is in poor condition and in need of repair and improvement. R-18-124 Page 2 At the Board Meeting on March 14, 2018 (R-18-19), the Board reviewed three (3) options for repair of the Alpine Road Trail. The Board approved Option 2: Repair Alpine Road Trail to trail width (six feet). The District would complete the repairs while sections of the trail remain in County ownership. The County owns fee title on a small section of trail, as well as a right-of- way easement through Coal Creek Preserve and private properties. The District will complete the Alpine Road Trail improvements as a partnership project with the County allowing the project to be eligible for County permit streamlining and cost-sharing opportunities. The proposed improvements include the replacement of a failed stream crossing once served by a 200-foot long, 48-inch wide culvert; repair of numerous fill slope failures; and other significant stream crossing improvements that require repair due to a lack of maintenance over the past two decades. These failures pose a continuing risk of sediment input to Corte Madera Creek, a tributary of San Francisquito Creek. The project will require permits from various regulatory agencies, including California Department of Fish and Wildlife, Regional Water Quality Control Board, US Army Corps of Engineers, and San Mateo County, as well as compliance with the California Environmental Quality Act. Additional permitting requirements related to sensitive resources may surface and extend the project schedule. The project will include an alternatives analysis to identify the appropriate prescription for the larger stream crossing failures. The focused alternatives analysis will evaluate the best method to minimize future sediment contributions to the watershed, minimize impacts on existing sensitive resources, and implement stable, long-term, and cost- effective improvements. The analysis will also provide justification of the selected preferred alternatives for submittal to the resource agencies. The contract includes an allowance for geotechnical and structural engineering in order to accommodate potential design changes stemming from the alternatives analysis and comments from the regulatory agencies. As an example, the resource agencies may require installation of a bridge at a location where a culvert is currently proposed. Consultant Selection In July 2018, a Request for Qualifications and Proposals (RFQP) was released for the Alpine Road Trail. Staff conducted a mandatory pre-proposal tour with 13 consultants and sub- consultants. Four proposals were received. The District reviewed and ranked the proposals with Waterways Consulting, Inc., deemed as the most qualified and best suited for the project based on their response to the RFQP. Staff worked to negotiate the initial fee proposal for Waterways Consulting Inc., down from $294,572 to $232,547. Consultant Proposed Fee Waterways Consulting, Inc. $232,547 BKF $293,629 Questa Engineering Corp $199,250 Sandis $176,900 The Waterways Consulting, Inc., team includes the following sub-consultants to address various technical aspects of the project: Timothy C. Best, CEG will address engineering geology and has completed substantial field and technical work to update the Preserve’s Road and Trail Inventory; Haro, Kasunich, and Associates will complete geotechnical borings, provide recommendations, and submit geotechnical reporting; and Mayone Structural Engineering, Inc., R-18-124 Page 3 will design any necessary retaining walls or bridges. The District has received high quality services on numerous projects from these sub-consultants in the past five years. The consultant contract is a multi-year contract that includes trail construction monitoring and oversight. Construction oversight will be required by San Mateo County permits and is an essential project component given the challenging site conditions. The Waterways Consulting, Inc., design team previously excelled at providing construction oversight for the Bear Creek Redwoods Phase I Road and Trail Improvements. FISCAL IMPACT The FY2018-19 budget includes $278,557 for the Alpine Road Trail Improvement Project (MAA 10-001). There are sufficient funds in the project budget to cover the recommended action and expenditures for this fiscal year. Consultant contract costs in subsequent years will be included in future budgets. FY2018-19 FY2019-20 EST. FUTURE YEARS MAA10-001 Budget $278,557 $320,000 $1,570,000 Spent–to-Date (as of 9/25/2018): $942 $0 $0 Encumbrances: $0 $0 $0 Total Waterways Consulting Contract Amount: $138,000 $115,000 $49,429 Budget Remaining (Proposed): $139,615 $205,000 $1,520,571 The following table outlines the Measure AA Portfolio #10 budget, costs-to-date, and the fiscal impact related to MAA 10-001 – Alpine Road Regional Trail Improvements project. This project supports Measure AA portfolio #10 by repairing and improving Alpine Road Trail to ensure continued public access to this regionally important trail in Coal Creek Open Space Preserve. MAA #10 Portfolio Appropriation $8,017,000 Life-to-Date Spent (as of 9/25/2018): $22,890 Encumbrances: $0 Waterways Consulting Contract: $302,429 Balance Remaining (Proposed): $7,691,681 BOARD COMMITTEE REVIEW The full Board reviewed three Alpine Road Trail repair options at their March 14, 2018 meeting (R-18-19). The Board selected Option 2, Repair Alpine Road to trail width. Option 2 repairs the road failures to a six-foot wide trail standard, which allows for a narrower trail experience and is less costly to maintain. Emergency vehicle access will be limited due to the narrow trail width. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-18-124 Page 4 CEQA COMPLIANCE Staff will perform the appropriate California Environmental Quality Act review for Board certification once the final design is complete. NEXT STEPS Upon Board authorization, the General Manager will direct staff to enter into contract with Waterways Consulting, Inc., to initiate the design and engineering work. Staff will complete CEQA review and the Board will have an opportunity to review the CEQA findings as part of the final design approval at a future date. Staff will continue to work with the County of San Mateo to streamline the County permitting process and explore cost-sharing opportunities. Attachment 1. Map of Alpine Road Trail Repair Sites Responsible Department Head: Michael Jurich, Acting Land & Facilities Department Manager Prepared by: Bryan Apple, Capital Projects Field Manager ! COAL CREEK OSP C A S tate R o u te 3 5 C r a z y Pete'sTrail C oal R oa d CloudsRestTrail Meado w Trail U p p e r A l p i n e R o a d T r a il Bypa ss Trail Lo w er Al p i n e R o a d T r a i l Alpine Road PageMillRoad´ 0 940 Feet Site of Stream Crossing or Drainage Improvements Extent of Potential Trail Tread Improvements ALPINE ROAD TRAIL IMPROVEMENTS COAL CREEK OPEN SPACE PRESERVE Attachment 1 LEGEND Rev. 1/3/18 R-18-120 Meeting 18-36 October 24, 2018 AGENDA ITEM 5 AGENDA ITEM Award of Contract for Environmental Review Services to Develop the Prescribed Fire Program GENERAL MANAGER’S RECOMMENDATIONS 1.Authorize the General Manager to enter into a multi-year contract with Panorama Environmental, Inc., of San Francisco, California to provide environmental review services on fire ecology to support the development of the Prescribed Fire Program for an amount not to exceed $305,280. 2. Authorize a 12% contingency of $36,634 to be awarded if necessary to cover unforeseen conditions, for a total contract amount not-to-exceed $341,914. SUMMARY Midpeninsula Regional Open Space District (District) seeks assistance from a qualified consultant to complete environmental analysis and documentation for the planned Prescribed Fire Program to comply with the California Environmental Quality Act (CEQA). CEQA services include preparing technical studies and analyses, developing project description alternatives, and preparing the draft and final Environmental Impact Report and Mitigation Monitoring Program. A Request for Qualifications and Proposals (RFQP) was issued on July 10, 2018. Staff conducted a pre-proposal conference on July 25, 2018. The General Manager recommends awarding a contract to Panorama Environmental, Inc., to provide CEQA services for a base amount not to exceed of $305,280, and authorizing a 12% contingency amount of $36,634. There are sufficient funds in the Fiscal Year 2018-19 project budget to cover the recommended action and anticipated scope of services for this fiscal year. BACKGROUND Periodic fires were a part of the historic natural ecological processes on District preserve lands. As a result, many species evolved with fire adaptations and now depend on periodic fire for renewal. Among the ecological benefits of periodic fire are the opening of forests to new generations of younger trees, purging grassland of invasive shrubs, and stimulating seed germination and shoot growth in chaparral. Fire-dependent and fire-adapted communities degrade without the regenerative effects that fire provides, resulting in a reduction of biodiversity within both the plant and animal communities. On June 2018, the District entered into contract to secure fire ecology services with Spatial Informatics Group, LLC, (R-18-72). The contract with Spatial Informatics Group, LLC., will develop the project description for a new Prescribed Fire Program that will reduce the potential R-18-120 Page 2 for catastrophic fires. To support this work, subject matter expertise is necessary to analyze the program, address CEQA requirements, and inform District policy changes. DISCUSSION Staff issued a RFQP on July 10, 2018 with the following project design objectives and requirements: • Public safety and education: Wildland fuels in unburned areas can build up to high levels and increase the severity of wildfires. • Natural resources response to fire: Many species of plants on District lands are fire dependent or fire adapted; fire in some natural landscapes can increase biodiversity. • Wildfire response training: Prescribed fires serves as a staff training exercise on how to respond safely to a future wildfire event. • Cultural resource enhancement: Native American tribes on the California central coast burned grasslands to increase grass and forb production, decrease pests in oak woodlands, and increase browsing for game species. • Agricultural use of land resources, including grazing lands: Grass production increases post fire, which helps support local sustainable agriculture. Staff circulated the RFQP through email and posting on the District website. Staff conducted a pre-proposal conference on July 25, 2018 in which seven (7) firms attended. Staff issued an addendum on August 7, 2018 to clarify and answer questions to the RFQP. The following five (5) firms submitted proposals by the August 17, 2018 deadline: Firm Location Proposed Fees over 3 years % of Estimate ($225,000) Mountain G. Enterprises, Inc. Felton, CA $ 198,400 88 % Panorama Environmental, Inc. San Francisco, CA $ 305,280 136 % Ascent Environmental, Inc. Sacramento, CA $ 308,200 137 % Harris and Associates, Inc. Concord, CA $ 539,185 240 % FlowWest, LLC Oakland, CA $ 544,260 242 % Evaluation criteria were determined prior to the release of the RFQP that included the quality of the proposal, project approach, and firm expertise. After careful review of all proposals, Panorama Environmental, Inc., was deemed most qualified and best suited for the project based on their response to the RFQP, proposed project approach, qualifications, interview, and fee. The Panorama Environmental, Inc., fee proposal is $83,200 above the original cost estimate. The original cost estimate of $225,000 was based off the EIR for the 2015 Integrated Pest Management Program, which had a similar project approach and timeline. However, it did not include extensive mapping and graphics production, which given current staffing capacity constraints, is now being required as part of this contract. In addition, the project budget was not escalated sufficiently to reflect the current economic climate within the San Francisco Bay Area. For these reasons, the fee proposal is determined to be fair and reasonable. R-18-120 Page 3 FISCAL IMPACT The #80003 Prescribed Fire Program Development Project (Project) is a multi-year project. The Fiscal Year (FY) 2018-19 budget includes $116,000 for this Project. Additional funds are allocated in the Capital Improvement and Action Plan (CIAP) as outlined in the table below. There are sufficient funds in the FY2018-19 budget to cover the expenditures anticipated during this fiscal year related to the recommended action. Increases to the three-year CIAP in FY2019- 20 and FY2020-21 will be necessary to cover the total anticipated project expenditures. Prescribed Fire Program Development Prior Year Actuals FY2018-19 FY2019-20 FY2020-21 TOTAL Project #80003 Budget $0 $116,000 $116,000 $0 $232,000 Spent-to-Date (as of 09/17/2018): $0 $0 $0 Encumbrances: $0 $0 Board Approved Contract with Spatial Informatics Group: ($33,750) ($34,425) ($33,075) ($101,250) Proposed Contract (including 12% contingency): ($77,325) ($239,658) ($24,931) ($341,914) Budget Remaining/ Additional Budget Required (if approved): $0 $4,925 ($158,083) ($58,006) ($211,164) The recommended action is not funded by Measure AA. BOARD COMMITTEE REVIEW A Board Committee did not previously review this item. If the Board approves the recommended action, staff will bring early milestone(s) of the Prescribed Fire Program to the Planning and Natural Resources Committee for review and input prior to presenting a more complete program to the full Board. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Public notice was also sent to 181 interested parties and tenants by US mail and/or electronic mail. CEQA COMPLIANCE This award of contract is not a project subject to the California Environmental Quality Act. Future Board consideration of a Prescribed Fire Program will be subject to CEQA. NEXT STEPS Following Board approval, the General Manager will execute a contract with Panorama Environmental, Inc., for a three-year period beginning in FY2018-19. In addition, staff will update and maintain the Fire Management interested parties list for all future outreach efforts for the Prescribed Fire Program. Staff will also work with the consultant to confirm the project workflow and schedule. R-18-120 Page 4 Responsible Department Head: Julie Andersen, Acting Natural Resources Department Manager Prepared by: Coty Sifuentes-Winter, Senior Resource Management Specialist R-18-126 Meeting 18-36 October 24, 2018 AGENDA ITEM 6 AGENDA ITEM Election of Board Vice-President to serve for the remainder of Calendar Year 2018 GENERAL MANAGER’S RECOMMENDATION Elect a Board Vice-President for the Midpeninsula Regional Open Space District Board of Directors to serve for the remainder of Calendar Year 2018. SUMMARY Pursuant to Board Policy 1.06 (Board Officers), the Board is required to elect new officers for the calendar year at its first regular meeting in January. On January 10, 2018, Director Cecily Harris was elected to serve as the 2018 Board Vice-President. Due to Directors Harris’ recent resignation, effective October 11, 2018, a new Board Vice-President is needed for the remainder of 2018. The election will be held by signed ballot and counted by the District Clerk. After the election, the ballots will be available for public inspection. DISCUSSION Public Resources Code §5500 requires the Board of Directors (Board) to elect from its members a President, Vice-President, Treasurer, and Secretary at the first regular meeting in January of each year. The duties of the Board Vice-President are outlined as follows: Vice-President: In the absence of the President, or in the event of his/her inability to act, the Vice-President shall perform all the powers and duties of the President (outline below). President: The President shall be the presiding officer of the Board and shall assume his/her place and duties as such immediately following his/her election. The presiding officer shall preserve order at all meetings of the Board, announce its decisions on all subjects, and decide all questions of order, subject to an appeal to the Board. S/he shall participate in debate, make motions, and vote on all questions as other members of the Board. The President shall sign all Board-approved ordinances, resolutions, contracts and conveyances on behalf of the District, shall sign financial instruments as appropriate, and s/he shall perform such other duties as may be imposed upon him/her by the Board. The Vice-President also serves as a member of the Midpeninsula Regional Open Space District Financing Authority and the Board Appointee Evaluation Committee (Board Policy 1.04 – Board Committees). R-18-126 Page 2 Board Policy 1.06 requires each Board Officer to be elected by a separate vote starting with a call for nominations from the Board. Following the close of nominations, election of the Board Vice-President will proceed by signed ballot and counted by the District Clerk. The Director receiving a majority of the vote of the members of the Board will be elected Board Vice- President. After the election, the ballots will be available to the public for inspection. FISCAL IMPACT There is no fiscal impact of this item. BOARD COMMITTEE REVIEW A Board Committee did not previously review this agenda item. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS Following the election of a new Board Vice-President, staff will prepare a new roster for posting and notify the Secretary of State. Responsible Department Manager: Ana Ruiz, General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager R-18-123 Meeting 18-36 October 24, 2018 AGENDA ITEM 7 AGENDA ITEM Project Design Goals, Program Elements, Project Scope, Target Budget, and Public Outreach Plan for the New Administrative Office Project at 5050 El Camino Real, Los Altos, CA 94022 GENERAL MANAGER’S RECOMMENDATIONS 1. Review and approve the Project Design Goals and Program Elements for the new Administrative Office building project located at 5050 El Camino Real. 2. Review and confirm the Public Outreach Plan for the project. 3. Review and select a preferred project design alternative and corresponding target budget. SUMMARY On December 6, 2017, the Board of Directors (Board) approved the Space Needs Assessment & Basic Program Report (R-17-128) for the new Administrative Office (AO) project at 5050 El Camino Real in Los Altos, CA. Since then, the Midpeninsula Regional Open Space District (District) has entered into contract with Noll and Tam Architects (Noll & Tam) to assess and design the AO Remodel Project (Project) based on Board-approved project design goals, program elements, and space needs (R-18-97). On September 25 and 26, 2018, the AO Ad Hoc Committee (Committee) met with staff to review and prioritize the project goals and program elements, and provide feedback on the draft public outreach plan. Other Board members also participated in prioritizing the list of project goals and program elements. Staff tabulated the Board’s input and the Committee discussed the results on October 17. The full Board will now review the results of this work and consider final approval of the prioritized project design goals and program elements, which are essential to guide the design process. In addition, the Board will review and confirm the Public Outreach Plan for the project and select a preferred project design alternative and corresponding target budget to set a project scope and budget framework that will inform the development of Schematic Designs. DISCUSSION Project Design Goals and Program Elements On December 6, 2017, the Board approved the Space Needs Assessment & Basic Program Report (Program Report) prepared by MKThink (R-17-128), which summarized the new AO program elements and space needs at 5050 El Camino Real in Los Altos, CA. Using information from the Program Report, a set of project design goals and program elements were established. R-18-123 Page 2 Since the initial approval of the Program Report, the Committee gained new and valuable project insights from site tours, conversations with other entities, and internal discussions that merited another review of the project design goals and program elements. Based on these insights, the Board identified new additions to the project design goals and program elements (R-18-100) at their August 22, 2018 meeting, with the understanding that further cost and feasibility evaluation would be required from Noll & Tam. On September 5, 2018, staff held a project kick-off meeting with Noll & Tam. At that meeting, Noll & Tam raised cost concerns, indicating that the original project budget of $6 to $10 million would be insufficient to address the District’s extensive list of project design goals and program elements. Noll & Tam recommended a prioritization exercise to identify the high priority elements as a means to keep construction costs closer to the original cost range. The Committee subsequently met on September 25 and 26, 2018 to review and prioritize the project design goals and program elements. Each program element was discussed and rated on a scale of 3 to 1, with 3 being the most critical and 1 being the least critical. Other Board members also completed the prioritization exercise, turning in their ratings on October 10. Ratings from the Board were averaged and color-coded to show level of importance, with items in green as “must haves” (average 2.5 – 3.0), yellow as “nice to have” (average 1.5 – 2.4), and red as “can live without” (average 0.0 – 1.4). See Attachment 1. On October 1 and 2, 2018, Noll & Tam conducted interviews with staff to review and confirm departmental space needs as outlined in the Program Report. In addition, Noll & Tam reviewed each department’s specialty equipment requirements, primary and secondary department adjacencies, storage needs, and space layouts to better understand District needs. Most recently on October 17, 2018, the Committee met with Noll & Tam to review the prioritized project design goals and program elements. The Committee commented on and made a few recommended adjustments to the priority elements, which are shown in Attachment 1 for full Board consideration. At this same meeting, the Committee also reviewed the findings from the department interviews, and engaged in a robust discussion on the project scope and projected cost, as detailed below. Project Design Alternatives and Costs During the Committee meeting on October 17, 2018, Noll & Tam presented three project design alternatives to help guide the discussion on the project scope and corresponding costs. Each alternative takes into account code compliance requirements, deficiencies based on initial assessments, and amenities based on the prioritized project design goals and program elements. These alternatives reflect a Baseline, Enhanced, and Aspirational design option, with each option building upon the prior option(s) to include additional upgrades, performance enhancements, and amenities. Construction costs for the three design alternatives range from $10 to $22.5 million. Total project costs range from $15.2 to $34.2 million and include a cost factor of 30% for soft costs (design fees; furniture, fixtures and equipment (FF+E); permitting costs; and a 10% contingency), and cost escalation timed to the middle of the projected construction schedule (September/October 2021). Each alternative is discussed in detail in Attachment 2 and below: R-18-123 Page 3 1. Baseline: Straight tenant improvement work that brings the building up to current code and includes basic finishes. Estimated construction cost: $10M – $12M Estimated total project cost: $15.2M – $18.7M • Code compliance: o New elevator o New building mechanical systems o New restrooms for each floor o New lighting o New ADA- compliant parking o New interior stairs in existing location o EV charging stations • Building upgrades: o New lobby with exposed structure o New electrical system o New roof membrane o Minor structural modifications (note: existing glazing remains) o Demolition of existing walls and ceilings 2. Enhanced. This alternative includes all improvements proposed in the baseline and the additional enhancements listed below. This alternative most closely reflects Noll & Tam’s RFQP basis of proposal. Estimated construction cost: $12M – $18M Estimated total project cost: $18.7M – $27.4M • Code compliance: o Street to entrance regrading • Building upgrades: o New lobby addition with plaza o New interior atrium with connecting stair o Additional exterior façade improvements o Higher level finishes limited to public areas, including boardroom o Department offices with full glass walls versus partial glass • Amenities: o New outdoor elevated meeting spaces o White noise system o Operable windows at new space additions 3. Aspirational: This alternative includes all updates proposed with the baseline and enhanced alternatives and adds the higher cost, aspirational goals and elements such as Net Zero, operable windows throughout, and higher-level finishes in multiple areas. Estimated construction cost: $18M – $22.5M Estimated total project cost: $26.3M – $34.2M • Building performance enhancements: o Net zero energy (solar/roof structure replacement) o Operable windows throughout building o Additional EV charging stations and/or conduit (beyond code requirements) o Skylights R-18-123 Page 4 • Amenities: o Roof deck (roof structure replacement/stair extensions) o Stair extensions The Committee preferred a project design that either matched the enhanced alternative, or possibly included some elements of the aspirational alternative, depending on costs. Based on the current construction market in the Bay Area, the estimated cost for the enhanced project design alternative will exceed the preliminary estimate included in the three-year Capital Improvement and Action Plan (CIAP). The project had estimated $6 million on the low end using $200 per square foot for 30,000 square feet of improvements (does not include lease space) and $10 million at the high end using $250 per square foot for 40,000 square feet. These estimates only envisioned basic tenant improvements and did not account for significant work related to: Americans with Disabilities Act (ADA); heating, ventilation and air conditioning (HVAC) systems replacement; elevator code compliance improvements; front entrance reconfiguration; pedestrian plaza connecting to the public sidewalk and bus stop; structural improvements to address spatial and storage needs; or roof waterproofing system replacement, in addition to the escalating Bay Area construction costs. Public Outreach Plan The proposed Public Outreach Plan proactively informs stakeholders, neighbors, and other District audiences of the purpose, need, benefits, and progress of the new administrative office; communicates how the new office helps fulfill the District’s mission with a continued commitment to fiscal responsibility; and seeks to receive and incorporate focused public feedback where appropriate. The Committee reviewed and confirmed the scope and content of the proposed Public Outreach Plan on September 25, 2018. The Plan is now before the full Board for review and confirmation (see Attachment 3). The District would begin implementing the Plan following the close of escrow. FISCAL IMPACT Noll & Tam will incorporate the Board-approved, prioritized project design goals and program elements into draft schematic design plans and present these to the Committee on December 5, 2018 and to the Board in February 2019. The estimated construction cost and total project budget will be refined based on Board selection of the preferred design alternative. A new property appraisal for the 330 Distel Circle (12,120 square feet) property is underway to assess whether potential proceeds generated from a sale can partially reimburse the remodel work. As a reminder, the first $7.5 million dollars from a sale are intended to call the parity bonds and pay the note that was issued for the property purchase. An appraisal quote should be ready early November 2018. R-18-123 Page 5 The FY2018-19 budget for the AO Project (#31202) includes $31,550,100 for building acquisition and $600,000 for architectural and engineering design work, which is anticipated to be complete by the end of the fiscal year. The project CIAP is shown below for context. Project #31202 Prior Year Actuals FY18-19 FY19-20 FY20-21 Estimated Future Years Total New AO Facility Budget 135,142 32,150,100 1,900,000 3,000,000 TBD 37,185,242 less approved Building Acquisition: (31,550,100) (31,550,100) less Spent to Date (as of 7/24/18): (135,142) 0 (135,142) less Encumbrances: (336,479) (336,479) Budget Remaining (Proposed): $0 $263,521 $1,900,000 $3,000,000 TBD $5,163,521 The AO and South Area Field Office (SAO) projects will be funded using the current committed infrastructure reserve, a proposed addition to the reserve (scheduled for the Board meeting on November 14), rent income, parity bond proceeds, and interest from the parity bonds. The AO currently has $49.5 million in funding needs and SAO requires $7.2 million. Depending on Board selection of a preferred project alternative, additional funding may need to be allocated to augment the available funding. If so, the General Manager and Chief Financial Officer would evaluate the funding options and bring recommendations to the full Board at a future date. A breakdown of the proposed funding balance is shown below: R-18-123 Page 6 PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. Future environmental review will be conducted on the proposed site improvements as part of the permitting process. NEXT STEPS The consultant will continue to develop the schematic design for this project using the Board- approved project design goals, program elements, and preferred project design alternative and target budget. The Committee and full Board will meet in December and February with the consultant to review and further refine the schematic design. The District will keep both the Committee and Board apprised of the projected construction costs as the schematic design phase nears completion. Project Schedule and Workplan The updated table below lists the major project milestones, including items that require participation by either the Ad Hoc Committee or the full Board. DATE PROCESS AD HOC FULL BOARD 10/22/2018 Furniture manufacturers’ showroom visits for FF+E quality and pricing assessment X 10/24/2018 Program elements prioritization, timeline, budget assessment and public outreach plan X 12/5/2018 Schematic design updates review to address Sustainability, LEED, HVAC systems X 1/2019 Begin public outreach/engagement 2/5/2019 Schematic design updates review X 2/13/2019 Full Board Study Session X 3/4 ‐ 3/8/2019 Provide input on Final Schematic Design including Cost Estimation review X 4/24/2019 Full Board Approval of Final Schematic Design X R-18-123 Page 7 Attachment 1. Project Design Goals and Programming Elements summary 2. Project Design Alternatives and Cost Estimates 3. New Administrative Office Public Outreach Plan Responsible Department Head: Jason Lin, Engineering and Construction Department Manager Prepared by: Felipe Nistal, Senior Capital Project Manager Staff Contact: Felipe Nistal, Senior Capital Project Manager * Program element from Board Engagement Session in October 2017 + Low cost element ++ Medium cost element +++ High cost element Ratings: 3 - Must have 2 - Nice to have 1 - Can live without 2.5 - 3.0 1.5 - 2.4 0.0 - 1.4 Yoriko Larry Pete Cecily Jed Curt Nonette Total Average Ad Hoc Committee Comments DESIGN APPROACH a)Utilize forward looking and imaginative approaches for the remodel i)Give the architect and design team the license to be creative 3 3 3 3 3 3 18 3.00 ii)Provide general criteria but not dictate the design 3 3 3 3 3 3 18 3.00 b)Pursue sustainable design and construction options that are cost-effective and are evaluated through a lifecycle analysis i)EV charging stations (flexibility to adapt to future demands, up to 100) ++ 2 2 2 3 2 2 13 2.17 IMPLEMENT EV CHARGING STATIONS (MAINTAIN CURRENT NUMBER USED AT CURRENT AO BUILDING, PROVIDE INFRASTRUCTURE FOR FUTURE EXPANSION). ii)Net zero energy (+/- based on cost) +++ 3 3 3 3 3 3 18 3.00 TARGET HIGH PERFORMANCE BUILDING WITH PHOTOVOLTAICS (NET ZERO NOT POSSIBLE FOR SIZE AND AGE OF BUILDING). iii)Water conservation / net zero water (+/- based on cost) + 3 2 3 3 2 3 16 2.67 EXPLORE WATER CONSERVATION SYSTEMS (GRAYWATER, WATERLESS URINALS, CISTERN FOR ROOF COLLECTION, MANUAL FLUSH FIXTURES) iv)Solar tubes/light well + 3 2 2 2 2 2 13 2.17 USE SOLAR TUBES FOR NATURALLY LIT INTERIORS (PLACE STRATEGICALLY) v)Electric bike charging stations +3 2 2 3 2 2 14 2.33 PROVIDE INFRASTRUCTURE FOR FUTURE ELECTRIC BIKE CHARGING STATIONS vi)Operable windows+++ 2 2 3 3 3 2 15 2.50 REPLACE GLAZING WITH OPERABLE WINDOWS (LIMITED LOCATIONS). vii)New HVAC (versus refurbishing)2 2 3 2 3 2 14 2.33 viii)LEED concept but not certification+++ 3 3 2 2 2 3 15 2.50 TARGET LEED GOLD EQUIVILENCY ONLY. ATTAIN LEED SILVER EQUIVALENCY CONSISTENT WITH CA BUILDING CODE. c)Deliver an up-to-date modern and flexible work environment i)Use of consistent furniture and fixtures throughout 2 1 1 1.5 1 1 7.5 1.25 ii)Lighting that is easier on the eyes, such as LED*3 3 3 3 3 3 18 3.00 The list below summarizes the project design goals and associated program elements for the AO remodel project at 5050 El Camino Real. The project design goals are grouped into four main categories with the program elements and comments provided by the Board listed under each corresponding goal. This grouping helps to understand what program element respond to which goals. AO Project Design Goals and Program Elements Yoriko Larry Pete Cecily Jed Curt Nonette Total Average Ad Hoc Committee Comments iii)Double pane windows or closeable drapes* +++ 2 2 3 2 3 2 14 2.33 REPLACE GLAZING WITH DOUBLE PANE WINDOWS (TO BE STUDIED AGAINST ADDING EXTERIOR SHADING ELEMENTS). d)Prioritize access to natural light, views, and outdoor space when possible i)Maximize outdoor space for meeting space and congregation ++ 2 3 1 2.5 2 3 13.5 2.25 PROVIDE OUTDOOR MEETING SPACES (DESIGN TEAM TO FIND CREATIVE COST-EFFECTIVE SOLUTIONS DEPENDING ON TARGET BUDGET) ii)Outdoor space that is large enough for public and staff 1 2 2 2 2 2 11 1.83 iii)Offices away from the windows to maximize natural light throughout building 3 2 3 1 3 3 15 2.50 iv)Incorporate outdoor space/environment/views of the outdoors*3 3 2 1 2 3 14 2.33 e)Invest renovation funds strategically and creatively, focusing on high-impact areas while being mindful of the bottom line 3 3 3 3 3 3 18 3.00 PUBLIC EXPERIENCE a)Design outward facing features and public facilities to provide a welcoming experience for visitors i)Public entrance off El Camino Real, including transit oriented amenities 3 2 2 2 3 2 14 2.33 ii)Americans with Disabilities Act (ADA) compliance and considerations 3 3 3 3 3 3 18 3.00 iii)Community hub for conservation partners 3 1 1 1 1 3 10 1.67 iv)Improvements/connections to and from VTA bus stop to encourage regular use*3 2 2 2 2 2 13 2.17 v)Welcome lobby with information and reception*3 3 3 3 3 3 18 3.00 vi)Entrance for public directly to reception*3 3 3 3 3 3 18 3.00 vii)Community and meeting rooms for partners and public* + 2 3 1 1 1 3 11 1.83 PROVIDE A MEETING ROOM FOR PARTNERS, COMMUNITY GROUPS, AND VOLUNTEERS IN THE PUBLIC AREA OF THE BUILDING ONLY b)Design facilitates effective service delivery to the public i)Use of excess parking stalls for other purposes 3 3 3 1.5 3 3 16.5 2.75 ii)Limit underground parking to staff*1 2 3 3 2 2 13 2.17 c)Design physical space to reflect the culture, brand, and identity of the organization as a whole i)Include secure bike parking for staff and outside public* +3 3 2 3 2 3 16 2.67 INCLUDE SECURE BIKE PARKING FOR STAFF ONLY * Program element from Board Engagement Session in October 2017 + Low cost element ++ Medium cost element +++ High cost element Ratings: 3 - Must have 2 - Nice to have 1 - Can live without 2.5 - 3.0 1.5 - 2.4 0.0 - 1.4 Yoriko Larry Pete Cecily Jed Curt Nonette Total Average Ad Hoc Committee Comments ii)Repair station for bikes, scooters, and skateboards +2 1 1 2 1 1 8 1.33 LOW PRIORITY ITEM. CAN ADD LATER. iii)Meeting space for volunteers, community groups* + 2 2 1 1 2 2 10 1.67 PROVIDE A MEETING ROOM FOR PARTNERS, COMMUNITY GROUPS, AND VOLUNTEERS IN THE PUBLIC AREA OF THE BUILDING ONLY iv)Classrooms and/or meeting rooms for talks, training, and outreach*2 2 1 3 2 2 12 2.00 v)“Open space” experience/feel*2 3 2 2 2 2 13 2.17 vi)Incorporate redwoods + nature into the space*2 2 2 2 2 2 12 2.00 HIGH FUNCTIONING WORK ENVIRONMENT (balance of cubicles (no benching) and number of private offices) a)Provide quiet places for focused work i)Appropriate acoustics 3 3 3 3 3 3 18 3.00 ii)White noise if necessary ++ 2 2 2 2 2 2 12 2.00 IMPROVE ACOUSTICS WITH WHITE NOISE SYSTEM IN OPEN OFFICE AREAS. WHITE NOISE SYSTEM IS SEPARATE FROM PUBLIC ADDRESS SYSTEM. ELIMINATE WHITE NOISE SYSTEM DEPENDING ON COST ($2-$3/sqft). PA SYSTEM MORE IMPORTANT ii)Ensure sounds from lobby are separated from Board room 2 2 3 3 3 2 15 2.50 b)Account for the unique needs of each business line and department i)Efficient open work space design – cubicles with privacy partitions 3 3 3 3 3 3 18 3.00 ii)Variables sizes of meeting rooms on each floor 3 2 3 2 3 3 16 2.67 iii)Offices for executive managers and staff working with confidential information (HR, Legal, and GMO)2 3 3 3 3 3 17 2.83 iv) Offices for department managers 2 3 2 2 2 2 13 2.17 c)Create spaces to facilitate collaboration among departments and across service lines i)Integrating field staff (hotelling stations)3 3 3 3 3 3 18 3.00 d)Incorporate technology i)Include smart use of technology 3 3 3 3 3 3 18 3.00 ii)Sound system for meeting rooms*1 2 3 3 2 2 13 2.17 iii)Up to date technology for Board room/entire lobby*2 3 3 3 3 3 17 2.83 iv)Upgrade Board room technology to include IT/AV and public speaker podium*3 3 3 3 3 3 18 3.00 v)Live-cam video stream in public area*1 2 2 2 2 2 11 1.83 vi)Remote or call in for Board and public*2 3 3 3 3 3 17 2.83 vii)Employee key cards*2 3 3 2 3 3 16 2.67 viii)Improve public’s microphone at the podium*2 3 3 2 3 3 16 2.67 * Program element from Board Engagement Session in October 2017 + Low cost element ++ Medium cost element +++ High cost element Ratings: 3 - Must have 2 - Nice to have 1 - Can live without 2.5 - 3.0 1.5 - 2.4 0.0 - 1.4 Yoriko Larry Pete Cecily Jed Curt Nonette Total Average Ad Hoc Committee Comments e)Incorporate program elements and design features that respond to the needs of diverse staff and support staff retention. i)Equipment to fit staff ergo needs 3 3 3 2 3 3 17 2.83 ii)Consider parking for other 2-wheel vehicles (like scooters)*1 1 3 2 1 1 9 1.50 iii)Mother’s room/wellness room*2 2 3 2 3 2 14 2.33 iv)Child care or other high priority in-office amenities 2 2 2 2 2 2 12 2.00 v)One main kitchen in addition to break out areas 3 3 3 2 3 3 17 2.83 vi)Multiple shower rooms ++3 2 3 2 3 3 16 2.67 MAINTAIN CURRENT NUMBER OF SHOWER ROOMS (3 TOTAL) BUT IMPROVE FUNCTIONALITY) vi)Copy rooms (one main copy room with satellite printers where required)3 2 3 2 3 3 16 2.67 vii)Server Room 3 3 3 3 3 3 18 3.00 viii)Storage comparable to current AO needs 3 3 3 3 3 3 18 3.00 ix) Gender neutral or unisex restroom + 3 3 3 3 3 3 18 3.00 ADD GENDER NEUTRAL / UNISEX RESTROOM (PRIORITY ON PROVIDING IN PUBLIC AREA, STUDY AT STAFF AREAS) f)Deliver spaces that support health, wellness, and productivity. i)Provide a good feel for users 3 2 3 3 3 3 17 2.83 ii)Efficient heating and cooling design taking windows into consideration 3 3 3 3 3 3 18 3.00 iii)Option of window shading device++2 3 2 3 2 2 14 2.33 UTILIZE EXTERIOR ARCHITECTURAL SHADING DEVICES TO CONTROL DAYLIGHT EFFECTIVE USE OF SPACE a)Seek flexible and adaptable options to meet evolving needs and respond to outside factors influencing work force and work culture i)Adjacency of closed session room to Board room 2 2 3 3 2 2 14 2.33 ii)Proper acoustics for all rooms 3 3 3 3 3 3 18 3.00 iii)Flexibility of Board room for other activities and to accommodate large attendance 3 3 3 3 3 3 18 3.00 iv)Provide sufficient number of meeting rooms of different sizes 3 3 3 3 3 3 18 3.00 v)Green room or quiet space for Board to prep before meetings*1 1 1 3 1 1 8 1.33 vi)Try to retain existing Board seating arrangement (horseshoe dais) *2 1 3 2 2 2 12 2.00 vii)Improve public seating* (comfort and flexibility)2 3 3 3 3 3 17 2.83 viii)Board room large enough for administrative staff meetings*2 2 2 2 2 2 12 2.00 ix)Make sure smaller meetings don’t feel overwhelmed/allow for room partitioning based on size of audience*3 2 3 2 3 3 16 2.67 x)More room/space for the Board*1 1 1 1 1 1 6 1.00 b)Increase the efficiency of space use through smart adjacencies i)Consolidate and secure public areas away from staff areas 3 2 3 2 3 3 16 2.67 * Program element from Board Engagement Session in October 2017 + Low cost element ++ Medium cost element +++ High cost element Ratings: 3 - Must have 2 - Nice to have 1 - Can live without 2.5 - 3.0 1.5 - 2.4 0.0 - 1.4 Yoriko Larry Pete Cecily Jed Curt Nonette Total Average Ad Hoc Committee Comments ii)Flexible lease space 3 2 3 2 2 3 15 2.50 c)Incorporate FOSM staff projections.3 2 3 1 3 3 15 2.50 d) Consider how departments and staff will work in the future.3 3 1 2 3 3 15 2.50 * Program element from Board Engagement Session in October 2017 + Low cost element ++ Medium cost element +++ High cost element Ratings: 3 - Must have 2 - Nice to have 1 - Can live without 2.5 - 3.0 1.5 - 2.4 0.0 - 1.4 * Program element from Board Engagement Session in October 2017 + Low cost element ++ Medium cost element +++ High cost element 3 - Must have 2 - Nice to have 1 - Can live without 2.5 - 3.0 1.5 - 2.4 0.0 - 1.4 Yoriko Larry Pete Cecily Jed Curt Nonette Total Average Ad Hoc Committee Comments ENHANCED DESIGN ELEMENTS a) Construct new fiscally responsible lobby addition with plaza 3 3 3 3.00 b) Create atrium with interior connecting stair 3 3 3 3.00 c) Improve exterior façade 1 1 1 1.00 f) Utilize higher level finishes at public areas (further input required from Ad Hoc Committee as project progresses 3 3 3 3.00 g) Include full glass fronts at department offices 3 3 3 3.00 10/17/2018 MIDPEN AD HOC AO COST/DESIGN CHARETTE -BASELINE BASELINE ($10 -$12 million) CONSTRUCTION COSTS New Elevator New Building Mechanical Systems New Restrooms each floor New Lighting New ADA-Compliant Parking New Interior Stairs in Existing Location New Lobby with Exposed Structure New Electrical System New Roof Membrane Minor Structural Modifications Demolition of Existing Walls/Ceilings Existing Glazing Remains New Gender Neutral Restroom Carpet & Tile floors and Acoustical Ceiling Offices/Conference Rooms with Sidelights Keycard Access for Interior/Exterior Doors Minor Exterior New and Renovated work Shower Rooms SOFT COSTS (30%)$3M –4M ESCALATION (03/21 START) $2.2M-$2.7 M PROJECT COST $15.2 TO $18.7M CODE COMPLIANCE BUILDING UPGRADES AMENITIES 10/17/2018 MIDPEN AD HOC AO COST/DESIGN CHARETTE -ENHANCED ENHANCED ($12 -$18 million) CONSTRUCTION COSTS (Includes Baseline) EV Charging Stations (due to Extent of Exterior Work) Street to entrance regrading New Lobby Addition with plaza New interior Atrium with connecting stair Additional exterior façade improvements Higher end finishes at public areas including boardroom Department Offices with full glass walls New outdoor elevated meeting spaces White noise system Operable windows at new addition SOFT COSTS (30%)$4M –$ 5.5M ESCALATION (03/21) START $2.7M-$4 M PROJECT COST $18.7 TO $27.4M CODE COMPLIANCE BUILDING UPGRADES AMENITIES 10/17/2018 MIDPEN AD HOC AO COST/DESIGN CHARETTE -ASPIRATIONAL ASPIRATIONAL ($18-$22.5 million) CONSTRUCTION COSTS (Includes Baseline/Enhanced) Net Zero Energy (Solar/Roof Structure Replacement) Operable Windows Throughout Building Additional EV Stations (Live) Skylights Roof Deck (Roof Structure Replacement / Stair Extensions) SOFT COSTS (30%)$5.4M –$6.7M ESCALATION (03/21 START)$4M-$5 M PROJECT COST $26.3 TO $34.2M BUILDING PERFORMANCE ENHANCEMENTS AMENITIES Attachment 3      New Administrative Office Public Outreach Plan        Objectives  Engage in proactive outreach to:  1. Inform District audiences of the purpose, need, benefits and progress of the new administrative office.  2. Communicate how the new office helps fulfill the District’s mission and is fiscally responsible.  3. Receive and incorporate public input and feedback where appropriate.   The following is an outline of activities that will take place after close of escrow to achieve these objectives:    Audience: Constituents/General Public/Volunteers  Tools & Resources    Description  Project messages Transmit accurate, consistent information to use in all project outreach materials.     Fact sheet Make print and digital fact sheets made on web and at meetings and events.     Web page Create project‐specific web page with a timeline, email sign‐up list and feedback  form.      Press releases Send press releases at key project milestones.    Interested parties  email list  Invite interested parties and keep them apprised of meetings and progress.      Board meeting  notifications  Notify of regular public meetings ahead of board decision points.     Print and digital  newsletters   Include articles about new administrative office inviting audiences to comment and  attend public meetings and announcing project milestones.     Communication with  volunteers  Email updates from staff to volunteers highlighting public features and amenities  related to volunteers as identified by Visitor Services Department in meetings with  Tam & Noll.    Contact information Update contact information on all print/digital materials.   Open house Invite public to learn about and visit the new administrative office with a modest  open house.         2  Updated 10/18/18  Measures of success:    Media coverage/newsletter articles and responses   Attendance and comments at public meetings   Interested parties list sign‐ups and responses      Audience: Neighbors including businesses, residents and schools in immediate vicinity  Tools & Resources    Description  Postcards Use GIS to mail postcards about work beginning, how the neighborhood might be  affected, who to contact with questions or concerns, and how to sign‐up for email  updates.    Nextdoor Use neighborhood social media outlet to communicate with immediate neighbors  about construction.    Signage Post signs at construction site in several public‐facing locations with information  about the project and who to contact with questions or concerns. (No specific  notice requirements for City of Los Altos)    Measure of success: Track neighbor comments and concerns.      Audience: Partner Organizations  Tools & Resources    Description  Correspondence &   Meetings  Confirm functionality and need for areas to host interagency meetings and events.    Measure of success: Track partner participation        Audience: Tenants  Description  Work with Real Property and Legal on communication with existing tenants about new ownership, plans and  timeline.    Measure of success: Track concerns and feedback.   DATE: October 24, 2018 MEMO TO: MROSD Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Julie Andersen, Resource Specialist III and Meredith Manning, Senior Planner SUBJECT: Highway 17 Wildlife and Regional Trail Crossings - Public Meeting _____________________________________________________________________________ SUMMARY In 2016, the Planning and Natural Resources Committee (PNR) hosted a public meeting for the Highway 17 Wildlife and Regional Trail Crossings Project. At that time, the project consisted of four project alternatives. Since then, ongoing discussions with the public, project stakeholders, and partner agencies, as well as additional field investigations have resulted in four new project alternatives, for a total of eight. On June 5, 2018 (R-18-54), the Board approved advancement of all eight alternatives to Caltrans to develop their Project Study Report as part of their Project Development Support (PSR-PDS) phase. To fulfill Caltrans’ requirements for their PSR-PDS process, Midpen will be conducting a second public meeting to receive public feedback on the additional new project alternatives. DISCUSSION A July 2016 Preliminary Alternatives Report was released for the project that consisted of four alternatives ahead of an August 2016 public workshop hosted by the PNR. The August workshop and subsequent discussions with partner and stakeholder agencies identified four additional new alternatives. Comments from partner and stakeholder agencies indicated that it was too early in the process to remove potentially feasible project alternatives from Caltrans review. At the June 5, 2018 Board meeting, the Board approved a contract amendment for the project consultant team to evaluate all eight alternatives during the Caltrans PSR-PDS phase (R-18-54). The consultant team has since been revising the alternatives, updating the Revised Alternatives Report, and preparing the PSR-PDS for Caltrans review. Project staff will be meeting with partner and stakeholder agencies on Friday, October 19 to preview the Revised Alternatives Report prior to an upcoming public meeting on November 7. This second public workshop will be held in an open house format to solicit public input. The open house will occur from 7:00 pm to 9:00pm at the Los Gatos Methodist Church (see attached flyer). This public workshop will provide information and solicit public input on all the alternatives. No formal action will be taken, and no recommendation will be considered. All Board members are encouraged to attend. The meeting will begin with introductions of the project team followed by a presentation of all eight Project Alternatives. The Revised Alternatives Report will also be available for review at the meeting and on the District project webpage at: www.openspace.org/Hwy17. At the workshop, the public will have an opportunity to: 1) learn more about the project purpose, need, and goals; 2) review the project alternatives and criteria used to evaluate the potential crossings; 3) speak with members of the project team; 4) review the project timeline; and 5) provide feedback that will be used to inform the PSR-PDS. The PSR-PDS is currently in process and scheduled for completion in July 2019. Concurrent with development of these documents, Caltrans will review the project alternatives and cost estimates. At the completion of the PSR-PDS, the Board of Directors (Board) will review Caltrans findings to determine which alternatives remain feasible and cost effective. The Board will forward to Caltrans the alternatives that should advance to the next environmental review phase (which commences upon completion of the PSR-PDS). The District will then work with Caltrans to determine which agency will be the lead agency for environmental review. Selection of the preferred project alternative(s) during environmental review will be the responsibility of the lead agency. A separate trail planning project is also underway to identify trail connections that will link up to the new crossing alternatives. This work will both inform and be informed by selection of the preferred alternative(s) for the Highway 17 Wildlife and Trails and Regional Trail Crossings project. Following completion of the PSR-PDS and its outcome, which is expected in July 2019, staff anticipates preparing a draft trails connections report to present to PNR and the Board by the end of 2019 or spring 2020. ATTACHMENTS: 1. Public meeting flyer Highway 17 Wildlife and Regional Trail Crossings Conceptual Design and Revised Alternatives Midpen is working with Caltrans to develop wildlife and regional trail crossings across State Highway 17 near the Town of Los Gatos. The Highway 17 Wildlife and Regional Trail Crossings were identified as a Top 25 Priority as part of the District’s Vision Plan. Measure AA, a $300 million bond approved by voters in 2014 will provide partial funding of $14 million for the project. Midpen is leading this locally, regionally and nationally important project and will collaborate with many partners and stakeholders to complete this work. 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. Public Meeting Los Gatos United Methodist Church 111 Church Street Los Gatos, CA 95030 Wednesday, November 7, 2018 7:00 pm Project Area Map (Ovals indicate alternative locations)The public meeting will provide an overview of the project to date and review of the revised alternatives and preliminary conceptual designs. Parking is limited. Street parking will be available, please allow adequate time for arrival. Meeting Location Questions or Comments? Please contact Julie Andersen, Project Manager Midpeninsula Regional Open Space District Natural Resources Department 330 Distel Circle -Los Altos, CA 94022 650.691.1200 -Hwy17@openspace.org For complete information about the project visit www.openspace.org/Hwy17