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HomeMy Public PortalAbout20180124 - Agenda Packet - Board of Directors (BOD) - 18-03 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the Special meeting will include teleconference participation by Director Hanko from 3172 Emerson St., Palo Alto, CA 94306. This Notice and Agenda will be posted at the teleconference location. Accessibility to and public comment from this address shall be provided as required by Government Code Section 54954(b)(3). Wednesday, January 24, 2018 Special Meeting starts at 5:30 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c): (one potential case) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Santa Clara County APN(s): 517-24-030 and 517-24-024 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: James Morris, Broker, Keller-Williams Realty Under Negotiation: Purchase Terms 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Acting General Counsel ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 18-03 Rev. 1/3/18 ROLL CALL 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 SPECIAL ORDERS OF THE DAY • Introduction of staff O Sean Smith, Capital Project Manager II 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 January 10, 2018 Minutes 2. Claims Report 3. Appointment of Board of Directors Standing Committee Members and District Representatives to Various Bodies, Including the Governing Board of the Midpeninsula Regional Open Space District Financing Authority, for Calendar Year 2018 (R-18-02) Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager Board President’s Recommendation: Approve the Board President’s appointments to the Board Standing Committees and other bodies, including the Governing Board of the Midpeninsula Regional Open Space District Financing Authority, and determine the compensation status for attendance at these meetings. 4. Consideration of Commemorative Trail and Bench for Stephen E. Abbors in the Rancho San Antonio Open Space Preserve (R-18-10) Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager Acting General Manager’s Recommendation: Confer special recognition on Stephen E. Abbors by renaming the PG&E Trail at Rancho San Antonio Open Space Preserve to the Stephen E. Abbors Trail, and to install a commemorative bench and plaque approximately 0.75 miles from the intersection of the PG&E and Upper Wildcat Canyon Trails. 5. Approval of the Corrected Classification and Compensation Plan (R-18-12) Staff Contact: Alicia Gonzales, Human Resources Supervisor Acting General Manager’s Recommendation: Adopt the attached Resolution to include the Facilities Maintenance Specialist position in the corrected Classification and Compensation Plan to reflect the Board of Directors’ approval for the new position as given on June 22, 2016. Rev. 1/3/18 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. Addition of Design-Build Provisions to Board Policy 3.03 - Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing, and Addition of a Design-Build Conflicts of Interest Policy as Board Policy 6.09 (R-18-11) Staff Contact: Ana Ruiz, Acting General Manager Acting General Manager’s Recommendation: 1. Approve the proposed changes to Board Policy 3.03 - Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing to incorporate the Board’s ability to award Design-Build contracts pursuant to Senate Bill 793 2. Approve the addition of a Design-Build Contracts - Conflicts of Interest policy as Board Policy 6.09 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 January 19, 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. Jennifer Woodworth, MMC District Clerk January 10, 2018 Board Meeting 18-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, January 10, 2018 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Hassett called the special meeting of the Midpeninsula Regional Open Space District to order at 5:02 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Yoriko Kishimoto Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko and Cecily Harris Staff Present: Acting General Manager Ana Ruiz Public comments opened at 5:02 p.m. No speakers present. Public comments closed at 5:02 p.m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: Acting General Manager ADJOURNMENT President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:58 p.m. REGULAR MEETING President Hassett called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:01 p.m. Meeting 18-01 Page 2 President Hassett reported the Board met in closed session, and no reportable action was taken. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko and Cecily Harris Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary Stevenson, Chief Financial Officer/Administrative Services Director Stefan Jaskulak, Acting Assistant General Manager Christine Butterfield, Acting Assistant General Manager Brian Malone, District Clerk/Assistant to the General Manager Jennifer Woodworth ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt the agenda. VOTE: 5-0-0 (Directors Hanko and Harris absent.) CONSENT CALENDAR Public comment opened at 7:04 p.m. No speakers present. Public comment closed at 7:04 p.m. Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent Calendar. VOTE: 5-0-0 (Directors Hanko and Harris absent.) 1. Approve December 13, 2017 Minutes 2. Claims Report BOARD BUSINESS 3. Election of the Calendar Year 2018 Officers for the Midpeninsula Regional Open Space District Board of Directors (R-18-01) President Hassett reflected on the District’s accomplishments for the 2017 calendar year 2017. Public comment opened at 7:12 p.m. Meeting 18-01 Page 3 No speakers present. Public comment closed at 7:12 p.m. President Hassett called for nominations for Board President. Director Kishimoto nominated Director Cyr for President and Director Riffle seconded the nomination. No further nominations were presented. MOTION: Director Cyr moved, and Director Riffle seconded the motion to close the nominations for Board President. VOTE: 5-0-0 (Directors Hanko and Harris absent.) By a vote of 5 to 0, the Board elected Director Cyr as Board President for Calendar Year 2018. President Cyr called for nominations for Board Vice President. Director Hassett nominated Director Harris for Vice President and Director Siemens seconded the nomination. No further nominations were presented. MOTION: Director Siemens moved, and Director Kishimoto seconded the motion to close the nominations for Board Vice-President. VOTE: 5-0-0 (Directors Hanko and Harris absent.) By a vote of 5 to 0, the Board elected Director Harris as Board Vice President for Calendar Year 2018. President Cyr called for nominations for Board Treasurer. Director Cyr nominated Director Riffle for Board Treasurer, and Director Kishimoto seconded the nomination. No further nominations were presented. MOTION: Director Hassett moved, and Director Siemens seconded the motion to close the nominations for Board Treasurer. VOTE: 5-0-0 (Directors Hanko and Harris absent.) By a vote of 5 to 0, the Board elected Director Riffle as Board Treasurer for the 2018 calendar year. President Cyr called for nominations for Board Secretary. Director Siemens nominated Director Kishimoto for Board Secretary and Director Hassett seconded the nomination. No further nominations were presented. MOTION: Director Riffle moved, and Director Cyr seconded the motion to close the nominations for Board Secretary. Meeting 18-01 Page 4 VOTE: 5-0-0 (Directors Hanko and Harris absent.) By a vote of 5 to 0, the Board elected Director Kishimoto as Board Secretary for Calendar Year 2018. 4. Review of the Fiscal Year 2016-17 Annual Financial Report (R-18-08) Chief Financial Officer Stefan Jaskulak provided the FY2016-17 Annual Financial Report, including a summary of the District’s year-end revenues, a comparison of the Board-adopted budget and District expenditures, and fund balance. Finally, Mr. Jaskulak explained the purpose of transferring $5 million from the General Fund Unassigned Fund balance to the Infrastructure Fund Balance to reimburse the $3.15 million acquisition cost for the new South Area Field Office in Campbell. Public comment opened at 7:35 p.m. No speakers present. Public comment closed at 7:35 p.m. No Board action required. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve a resolution to transfer $5 million from the General Fund Unassigned Fund balance to Committed for Infrastructure, and to reimburse the $3.15 million acquisition cost for the new South Area Field Office in Campbell to the Committed for Infrastructure Fund Balance. VOTE: 5-0-0 (Directors Hanko and Harris absent.) SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY President Cyr recessed the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:35 p.m. and called the meeting of the Midpeninsula Regional Open Space District Financing Authority to order at 7:35 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Yoriko Kishimoto, and Curt Riffle Members Absent: Santa Clara County Supervisor Joe Simitian Staff Present: Acting Executive Director Ana Ruiz, Acting General Counsel Hilary Stevenson, Financing Authority Secretary Jennifer Woodworth 1. Acceptance of the Controller’s Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority for Fiscal Year Ending June 30, 2017 (R-18-09) Meeting 18-01 Page 5 Controller Michael Foster presented the Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority for Fiscal Year Ending June 30, 2017. Motion: Director Kishimoto moved, and Director Hassett seconded the motion to accept the Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority for Fiscal Year Ending June 30, 2017. VOTE: 4-0-0 (Supervisor Simitian absent.) President Cyr reconvened the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:40 p.m. 5. 2018 Legislative Program (R-18-07) Governmental Affairs Specialist Joshua Hugg described the comprehensive interdepartmental coordination effort taken to identify current and emerging legislative issues and needs affecting the District to inform the development of the annual legislative program. Mr. Hugg also described how the proposed 2018 Legislative Program incorporates the prior feedback received from Board members and the Legislative, Funding, and Public Affairs Committee. Mr. Hugg then explained the purpose of the 2018 Legislative Program in outlining the Board’s legislative priorities and policy positions, ensuring staff efforts are well aligned with these priorities, and providing a publically-accessible and transparent summary of current issues that affect the District. Director Kishimoto inquired regarding the inclusion of addressing climate change as a legislative priority. Mr. Hugg explained language supporting Senate Bill 32 to reduce greenhouse gas emissions through a variety of means is included in the Legislative Program and is aimed at addressing climate change. Director Riffle inquired regarding potential revenue related to the legalization of recreational marijuana. Mr. Hugg reported that staff is researching funding opportunities related to Proposition 64, including eradication of illegal grow sites and remediation of these sites. Director Siemens suggested inclusion of the wording “EnhancesEnables the District’s ability to create and pursue opportunities… ” to item four the Land Acquisition and Restoration section of the program document. Director Siemens suggested inclusion of the wording “EnhancesAllows the District’s ability to purchase… ” to item five the Land Acquisition and Restoration section of the program document. Director Siemens suggested inclusion of the wording “The District supports the protection of exiting designated and the designation of national monuments within our region that are Meeting 18-01 Page 6 important to fulfilling the District’s mission.” in the National Monument Preservation section of the program document. Director Riffle suggested including an emphasis on agriculture in legislative programs for future years. Public comment opened at 8:02 p.m. No speakers present. Public comment closed at 8:02 p.m. Motion: Director Riffle moved, and Director Hassett seconded the motion to adopt the Legislative Program for 2018 with any final Board-approved adjustments. VOTE: 5-0-0 (Directors Hanko and Harris absent.) INFORMATIONAL MEMORANDUM • Western Pond Turtle Population Study INFORMATIONAL REPORTS A. Committee Reports No committee reports. B. Staff Reports Acting Assistant General Manager Christine Butterfield commented on the opportunity for the District to cohost the Special Parks District Forum with the East Bay Regional Park District in 2019. Acting Assistant General Manager Brian Malone provided an update on the Volunteer and Docent Study, including a meeting with volunteers and docents in December. A revised report is scheduled for Board consideration in the spring. Chief Financial Officer reported on upcoming meetings of the Measure AA Bond Oversight Committee. Also, the sale date has been set for the second tranche of Measure AA bonds on January 30, and Mr. Jaskulak described the marketing plan for the bond sale. Acting Public Affairs Manager Cydney Bieber provided an update on District-sponsored events. Acting General Manager Ana Ruiz reported on a recent meeting of the Santa Clara County City Manager’s Association meeting where Proposition 64, succession planning, and disaster planning/business continuity were discussed as future presentation topics of mutual interest. Staff also recently met with members of Senator Beall’s staff to discuss San Jose Water Company watershed lands. Meeting 18-01 Page 7 C. Director Reports The Board members submitted their compensatory reports. Director Kishimoto commented on her recent trip and opportunity to hike in Japan. Director Hassett commented on his recent visit to Mount Umunhum. Director Riffle reported on his recent equestrian hike at the newly opened La Honda Open Space Preserve. President Cyr commented on his recent trip to Mount Umunhum. President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:20 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 18-02 DATE 01-24-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 77082 11879 - CAL EXCAVATION & UNDERGROUND, INC.Demolition Of Unoccupied Residential House At El Sereno 01/17/2018 64,297.50 77086 *10845 - CITY OF MOUNTAIN VIEW-FINANCE Radio Dispatch Services FY17-18 01/17/2018 49,450.00 77020 11879 - CAL EXCAVATION & UNDERGROUND, INC.Demolition Of Unoccupied Residential House At El Sereno 01/10/2018 38,987.50 77079 11893 - AZTECA SYSTEMS LLC Cityworks Work Order and Asset Mgmt Software 2018 01/17/2018 35,000.00 77096 11501 - HARRIS DESIGN Alma College Parking Lot Design 01/17/2018 27,347.37 77095 11177 - HARRIS CONSTRUCTION Replace Windows/Dry Rot Repair/Wall Siding Repair - 20000 Skyline Blvd/16060 Skyline/1405 Skyline 01/17/2018 24,379.88 77078 11851 - ANDY'S ROOFING COMPANY, INC Re-roof at 2040 Purisima Creek Rd 01/17/2018 20,636.00 77042 11617 - MIG, INC.Red Barn Area Planning, Design, Bat Survey & Project Management/Sears Ranch Parking & Structure Demo 01/10/2018 19,273.50 77007 *10214 - DELTA DENTAL January 2018 Dental Premium 01/08/2018 17,963.36 77101 11617 - MIG, INC.Red Barn Project Professional Services Nov 2017 01/17/2018 13,974.33 77038 10304 - LA HONDA PESCADERO UNIFIED SCHOOL DISTRICT Tax Compensatory Fee for January 2018 01/10/2018 10,051.59 77069 10532 - US GEOLOGICAL SURVEY Technical Assistance for SFGS Population Monitoring 01/10/2018 9,402.89 77050 *10180 - PG & E Electricity & Gas Services - 27 Locations 01/10/2018 9,179.07 77048 10079 - PAGE & TURNBULL Deer Hollow Farm White Barn Professional Services 11/1-11/30/17 01/10/2018 9,010.66 77113 11552 - ROBERT HALF TECHNOLOGY Temporary Applications Engineer - 12/13-12/19/17 01/17/2018 8,640.00 77102 10031 - MILLS DESIGN Design of 2017 Winter Newsletter, Outdoor Activities, Web Files, La Honda Creek brochure 01/17/2018 6,496.00 77049 10082 - PATSONS MEDIA GROUP Printing services: Sierra Azul Trail Brochures/business cards/La Honda Creek Trail Map 01/10/2018 6,110.54 77089 11803 - ELLISON SCHNEIDER HARRIS & DONLAN LLP Legal Consulting - Burkhart/Stockpond Registration/Water Rights 01/17/2018 5,859.06 77081 11681 - BERKEY WILLIAMS LLP Mt. Umunhum Cutural Conservation Easement-AMLT 01/17/2018 4,584.54 77051 11743 - PRO-WEST & ASSOCIATES EGIS Contingency 01/10/2018 4,026.93 77124 *11118 - WEX BANK Fuel for District vehicles 01/17/2018 3,681.55 77017 11883 - BAYVIEW ENVIRONMENTAL SERVICES INC Mount Umunhum Tower - Lead Cleanup 01/10/2018 3,392.08 77059 11603 - SAN MATEO COUNTY FIRE DEPARTMENT Fire Service Fee January 2018 Payment 01/10/2018 3,375.26 77104 10076 - OFFICE TEAM Temp employee for PA 01/17/2018 3,357.80 77090 10038 - ERGO VERA Personnel Ergo Evaluations 01/17/2018 3,208.98 77060 10697 - SANDIS Mt. Um Roadway Design - Construction Administration & Closeout/Mt Um Rehab Nov 2017 01/10/2018 3,195.00 77072 11810 - VINEYARD CREEK LP Accommodations for Rangers at Academy - Jan, 2018 01/10/2018 3,108.73 77033 10287 - GRAINGER INC Fall Protection Equipment 01/10/2018 2,987.61 77030 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting: December 2017 01/10/2018 2,916.67 77110 *10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services for January 2018 01/17/2018 2,916.66 77073 11856 - WEST COAST ARBORISTS, INC.Site Visits & Report Writing for Mud Lake Drainage 01/10/2018 2,880.00 77121 10583 - TPX COMMUNICATIONS AO Telephone & SAO Internet 01/17/2018 2,580.58 77100 10062 - MARK HYLKEMA Investigation Archaeological Monitoring Bear Creek OSP 01/17/2018 2,494.00 77015 11799 - AZTEC LEASING, INC.Copier Monthly Lease - Dec 2017 01/10/2018 2,312.72 77008 *11730 - STANDARD INSURANCE COMPANY RV Basic Life/Supplmental Life 00-752598-0008 County of Santa Clara MROSD 01/08/2018 2,265.62 77040 10058 - LIEBERT CASSIDY WHITMORE Legal Services through 11/30/17 01/10/2018 2,189.00 77088 11821 - DUNKINWORKS Leadership academy session 2 01/17/2018 2,113.21 77044 10076 - OFFICE TEAM Temp employee - Public Affairs w/e 12/1 +12/8 01/10/2018 2,054.00 77111 11184 - PURCHASE POWER - PITNEY BOWES POSTAGE AO Metered Postage 01/17/2018 2,015.00 77018 11766 - BLANKINSHIP & ASSOCIATES, INC.Draft final report preparation and delivery thru 12/2/17 01/10/2018 1,965.00 77013 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 01/10/2018 1,876.00 77064 10143 - SUMMIT UNIFORMS Uniform Items purchases and alterations 01/10/2018 1,840.44 77103 10073 - NORMAL DATA Inicidents/Permits Database Work 01/17/2018 1,800.00 77097 10222 - HERC RENTALS INC Mini Excavator/Dump Truck Rentals (BCR)01/17/2018 1,796.29 77014 10294 - AMERIGAS-SAN JOSE SFO Propane Tank Rental 01/10/2018 1,776.51 77125 10069 - WILFRED JARVIS INSTITUTE Training/Facilitation Services December 2017 01/17/2018 1,725.00 77012 11561 - AM PARTY RENTALS La Honda Creek Grand Opening - Rental Equipment , Canopy, Chair 01/10/2018 1,702.20 77029 11699 - DAKOTA PRESS Printing: Pulgas Trail Brochure 01/10/2018 1,585.95 77041 10791 - LSA ASSOCIATES INC Harkins Bridge Replacement 01/10/2018 1,570.52 77094 11608 - GOVERNMENT JOBS Government Jobs Subscription 12/19/17-12/18/18 01/17/2018 1,500.00 77071 *10309 - VERIZON WIRELESS Monthly Wireless Device Services 01/10/2018 1,494.40 77045 10578 - OLD REPUBLIC TITLE CO Escrow Fees for Lobitos Creek Conservation Easement 01/10/2018 1,430.00 77039 11099 - LAW ENFORCEMENT PSYCHOLOGICAL SERVICES INC Psychological Services for 3 Ranger Applicants 01/10/2018 1,200.00 77027 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 01/10/2018 1,172.00 77036 10394 - INTERSTATE TRAFFIC CONTROL PRO Sign Supplies 01/10/2018 1,153.68 77019 11849 - CAL ENGINEERING & GEOLOGY, INC.Technical Memo Revision and Figure Preparation 01/10/2018 1,140.00 77065 10146 - TIRES ON THE GO P105/M201 - Tires 01/10/2018 1,083.11 page 2 of 3 CLAIMS REPORT MEETING 18-02 DATE 01-24-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 77120 10146 - TIRES ON THE GO P98- Tires 01/17/2018 1,035.07 77080 10183 - BARRON PARK SUPPLY CO INC Plumbing Parts (RSACP)01/17/2018 969.46 77107 10925 - PAPE` MACHINERY Mower Knives 01/17/2018 929.54 77117 10580 - SHARP BUSINESS SYSTEMS Printing Contract 62019 12/28/16-12/27/17 & Printing Contract 64820 11/10-12/31/17 01/17/2018 922.30 77122 11599 - VULCAN CONSTRUCTION MATERIALS LP Rock (SA-MT UM)01/17/2018 914.36 77024 10352 - CMK AUTOMOTIVE INC M206 Repair/P106 Service/P50 Battery 01/10/2018 877.05 77053 *10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 01/10/2018 874.98 77011 10120 - ADT SECURITY SERVICES INC SFO ALARM 01/10/2018 807.01 77034 10173 - GREEN WASTE SFO Mixed Debris Disposal + garbage 01/10/2018 698.64 77116 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)01/17/2018 689.87 77087 11699 - DAKOTA PRESS Printing services: Views Quarterly Newsletter Winter '18 REPRINT 01/17/2018 634.38 77067 11529 - TRAFX RESEARCH LTD TrafX Dock for Visitor Counter Data Collection 01/10/2018 585.00 77025 11530 - COASTSIDE.NET Internet Provider - SFO 01/10/2018 550.00 77028 10185 - COSTCO Office Supplies: Trash bags, Coffee, Tissue, Lysol, Ziplock Bags 01/10/2018 489.41 77068 10403 - UNITED SITE SERVICES INC Temporary Power to Mt. Um Trailer 01/10/2018 489.41 77119 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)01/17/2018 479.70 77074 10069 - WILFRED JARVIS INSTITUTE Training Services Balance Remaining November 2017 01/10/2018 450.00 77083 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)01/17/2018 446.38 77118 10302 - STEVENS CREEK QUARRY INC Base Rock (SJH)01/17/2018 434.38 77070 11037 - US HEALTHWORKS MEDICAL GROUP PC Pre Employment Medical Services-HR 01/10/2018 376.00 77010 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Extinguisher Inspection AO/Purchase For Vehicles 01/10/2018 373.80 77084 10014 - CCOI GATE & FENCE Gate Repair (SA-MT UM)01/17/2018 370.00 77114 11896 - ROSE CITY LABEL COMPANY Junior Ranger Stickers 01/17/2018 370.00 77105 10080 - PALO ALTO MEDICAL FOUNDATION Medical Services-HR 01/17/2018 350.00 77109 10261 - PROTECTION ONE FFO/AO ALARM SERVICES 01/17/2018 348.25 77077 10815 - AMERICAN RED CROSS Emergency Medical certifications 01/17/2018 344.00 77016 10183 - BARRON PARK SUPPLY CO INC Plumbing Supplies (RSACP)01/10/2018 325.97 77054 11518 - RANCHING BY NATURE Spread Rock Along Driveway 01/10/2018 320.00 77063 10447 - SIMMS PLUMBING & WATER EQUIPMENT Repair Leaking Booster Pump 01/10/2018 300.00 77066 10326 - TOTAL ADMINISTRATIVE SERVICES CORP. (TASC)FSA-Administrative Fees 1/1/18-12/31/18 01/10/2018 300.00 77035 11344 - HOLM BASE Water bottles with Midpen logo 01/10/2018 298.53 77075 10237 - WILLIAMS, MICHAEL Mileage Reimbursement 10/5/17-12/19/17 & Parking 01/10/2018 298.41 77021 *10172 - CALIFORNIA WATER SERVICE CO-3525 Monthly Water Service - WH/Water Service for rental residences 01/10/2018 286.18 77037 11786 - JAECKEL, DAVID MMANC Conference Expenses Reimbursement 01/10/2018 276.30 77056 *11526 - REPUBLIC SERVICES Monthly Garbage Services 01/10/2018 247.97 77057 10182 - ROYAL BRASS INC M03 Parts 01/10/2018 243.10 77023 11587 - CIFELLI, JOHN Tuition Reimbursement 01/10/2018 230.33 77092 10187 - GARDENLAND POWER EQUIPMENT Parts for Trimmers 01/17/2018 227.43 77058 10151 - SAFETY KLEEN SYSTEMS INC Solvent Tank Service (FFO)01/10/2018 216.90 77098 11326 - LEXISNEXIS Online subscription Dec 2017 01/17/2018 198.00 77093 11195 - GOODYEAR AUTO SERVICE CENTER P84 Battery 01/17/2018 178.09 77022 *10454 - CALIFORNIA WATER SERVICE CO-949 AO Water Services 01/10/2018 175.19 77043 10160 - OFFICE DEPOT CREDIT PLAN $144.91 Batteries, Notepads, Labels, Highlighters, Paper 01/10/2018 144.91 77099 10260 - LUND PEARSON MCLAUGHLIN Fire Sprinkler Inspection - AO 01/17/2018 140.00 77106 10999 - PALO ALTO PLUMBING HEATING & AIR Repair Heater - Rancho San Antonio OSP 01/17/2018 130.00 77026 10321 - COBLENTZ, PATCH, DUFFY & BASS Professional Services: Trademark, Copyright - CM 11132-002 01/10/2018 118.00 77123 10527 - WASTE MANAGEMENT Debris Disposal (SA)01/17/2018 115.48 77115 10182 - ROYAL BRASS INC Hose Assembly 01/17/2018 109.05 77085 10496 - CHUNG, JEAN Mileage Reimbursement 01/17/2018 107.00 77032 10187 - GARDENLAND POWER EQUIPMENT Equipment Oil 01/10/2018 93.85 77062 11559 - SIFUENTES-WINTER, JONATHAN Partial Reimbursement of Professional Membership Fees 01/10/2018 93.75 77076 10240 - ACE FIRE EQUIPMENT & SERVICE INC Annual Fire Extinguisher Maintenance Service 01/17/2018 90.62 77052 10261 - PROTECTION ONE AO Alarm Services 01/10/2018 82.73 77047 10481 - PACIFIC TELEMANAGEMENT SERVICE MB Campsite Pay Phone Monthly Service 01/10/2018 78.00 77061 11732 - SANTA CLARA UNIVERSITY November 2017 Cost Reimbursement 01/10/2018 69.59 77091 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks (RW)01/17/2018 56.11 77031 11151 - FASTENAL COMPANY Plumbing Hardware (RSACP)01/10/2018 51.30 page 3 of 3 CLAIMS REPORT MEETING 18-02 DATE 01-24-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 77009 *11880 - A T & T Mt Um emergency telephone monthly service 01/10/2018 38.99 77055 10176 - RE BORRMANN'S STEEL CO M22 Tailgate Supplies 01/10/2018 35.82 77046 10271 - ORLANDI TRAILER INC Trailer Parts 01/10/2018 35.20 77112 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)01/17/2018 27.25 77108 *10180 - PG & E Monthly Electricity Service - 800 Los Trancos Rd 01/17/2018 10.81 Grand Total 487,086.14$ *Annual Claims **Hawthorn Expenses CCIWS = Central California Invasive Weed Symposium MISAC = Municipal Information Systems Association of California BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle R-18-02 Meeting 18-03 January 24, 2018 AGENDA ITEM 3 AGENDA ITEM Appointment of Board of Directors Standing Committee Members and District Representatives to Various Bodies, Including the Governing Board of the Midpeninsula Regional Open Space District Financing Authority, for Calendar Year 2018 BOARD PRESIDENT’S RECOMMENDATION Approve the Board President’s appointments to the Board Standing Committees and other bodies, including the Governing Board of the Midpeninsula Regional Open Space District Financing Authority, and determine the compensation status for attendance at these meetings. SUMMARY Every year, the newly elected Board President appoints members to each of the Board’s Standing Committees, the Governing Board of the Midpeninsula Regional Open Space District Financing Authority (“Authority”) and to represent the District on outside bodies, with consent of the full Board. DISCUSSION Standing Committees The Board Policy on Committees (1.04) states that the Board President appoints Board members to annual Standing Committees and to represent the District on outside bodies, with the consent of the Board. According to Board Policy 1.04, appointments to the standing committees are made at the first regular meeting following the meeting at which officers of the Board are elected. The five Board Standing Committees are: 1. Action Plan and Budget Committee (ABC) 2. Legislative, Funding and Public Affairs Committee (LFPAC) 3. Planning and Natural Resources (PNR) 4. Real Property Committee (RPC) 5. Board Appointee Evaluation (BAE) Following the Board Policy on Committees, Director Riffle (Board Treasurer) will be assigned as one of the three members of ABC. Also, the Board Appointee Evaluation Committee shall include the Board President and Vice President as two of the three members of the Committee. Financing Authority The Governing Board of the Authority consists of five members. In accordance with the Joint Powers Agreement and its bylaws, the District’s Board President shall automatically be the R-18-02 Page 2 Chairperson of the Authority, and the Board Treasurer shall also serve on the Authority Board. Two of the other four members are appointed by the Board President, to be selected from among the District’s Board of Directors. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Midpeninsula Regional Open Space District, and who is appointed to the Board of the Financing Authority by the Chairman of the Board of Supervisors. Supervisor Simitian continues to serve on the Authority Board as appointed by the Santa Clara County Board of Supervisors. San Mateo County Consolidated Oversight Board SB 107, passed in September 2015, dissolves city-specific oversight boards for Redevelopment Agency (RDA) Successor agencies effective July 1, 2018 and replaces them with a single Countywide Oversight Board. The San Mateo County Local Agency Formation Commission (LAFCo) is organizing the formation of the Countywide Oversight Board, which has requested the Independent Special District Selection Committee (SDSC) meet to appoint members to serve on the Countywide Oversight Board. San Mateo County LAFCo has requested each special district Board of Directors or Board-appointed alternate attend a meeting of the SDSC on February 13, 2018. A letter received from San Mateo County LAFCo is attached and further outlines the responsibilities of the Countywide Oversight Board. Applicable Board Policies Board Policy 6.03 (Compensation of Directors & Payment of Expenses) of the Board Policy Manual states that all Standing Committees are compensable and compensability for attendance of Ad Hoc Committee meetings is determined on an as-needed basis by the Board. It is recommended that Board members be compensated for attendance at all Board Committee and Authority meetings. It is further recommended that Board member attendance at meetings where the Board member is the District’s appointed representative be compensated. In accordance with California Public Resources Code Section 5536 and Board Policy 6.03, each District Board member may receive compensation in an amount not to exceed one hundred dollars ($100) per day for each attendance at a Board meeting and no Board member may receive more than five hundred dollars ($500) compensation in any one calendar month. Accordingly, with seven Board members, the maximum the entire Board could receive pursuant to state law is $42,000 per year. The District’s current proposed budget for Board meeting compensation is $26,000 for fiscal year 2018-19. If it is later determined that additional funds are required, a budget adjustment may be requested. The proposed committee assignments for 2018 are as follows: Action Plan and Budget: • Yoriko Kishimoto • Curt Riffle • Pete Siemens Board Appointee Evaluation: • Jed Cyr • Larry Hassett • Cecily Harris R-18-02 Page 3 Legislative, Funding and Public Affairs: • Nonette Hanko • Cecily Harris • Yoriko Kishimoto Planning and Natural Resources: • Cecily Harris • Larry Hassett • Pete Siemens Real Property: • Nonette Hanko • Larry Hassett • Curt Riffle Governing Board of the Midpeninsula Regional Open Space District Financing Authority • Jed Cyr • Cecily Harris • Larry Hassett • Curt Riffle San Mateo County Independent Special District Selection Committee • Jed Cyr, Board President • Cecily Harris, Board-Appointed Alternate FISCAL IMPACT There will be no new or incremental fiscal impact associated with this action. Board compensation for committee work is included in the annual budget. BOARD COMMITTEE REVIEW This item was not reviewed by a Committee. PUBLIC NOTICE Public Notice was provided pursuant to the requirements of the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXT STEPS If approved, staff will prepare a new roster of Board Committee assignments for posting internally and on the District website. R-18-02 Page 4 Attachments: 1. Letter from San Mateo County Local Agency Formation Commission, dated December 21, 2017 Responsible Department Manager: Ana Ruiz, Acting General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager Contact person: Jed Cyr, Board President SAN MATEO "' LOCAL AGENCY FORMATION COMMISSION 455 COUNTY CENTER, 2ND FLOOR• REDWOOD CITY, CA 94063·1663 •PHONE (650) 363·4224 •FAX (650) 363-4849 Steve Abbors, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 December 21, 2017 Registered Mail -Certified Return Receipt Subject: Appointment of Members to the San Mateo County Consolidated Oversight Board Dear Mr. Abbors, SB 107, passed in September 2015, dissolves countywide oversight boards (OB) for redevelopment agency (RDA) successor agencies effective July 1, 2018 and replaces them with a single Countywide Oversight Board.1 The statute requires that the LAFCo Executive Officer call a meeting of eligible special districts to appoint members to the consolidated Countywide Oversight Board (Countywide OB). I have been asked by the San Mateo County Controller's Office to call a meeting of the Independent Special District Selection Committee (SDSC) for that purpose. The Controller asks that this process be completed by March 1, 2018. The Governor will appoint members for positions that are not filled by July 15, 2018. This letter is to inform the eligible special districts of this new requirement and schedule a meeting to appoint a member. You are receiving this letter because your district is eligible to receive property tax revenues pursuant to Health and Safety Code Section 34188, and your board president may vote to appoint a board member to the Countywide OB from the list of eligible districts on Attachment A. Any board member representing any of the eligible special districts is eligible to be appointed to the Countywide OB. Based on the meeting schedules of the various boards, the SDSC will meet to appoint members of the Countywide OB on the evening of February 13, 2018. A meeting notice and agenda will follow. Please note that only the board president or a board-appointed board member alternate may vote to appoint a member to the Countywide OB. Staff may not serve on the selection committee. Appointing Members and Alternates Following are some things to consider when appointing members and alternates: • The Countywide Oversight Board (OB) has a fiduciary responsibility to the holders of legally enforceable debts of the former RDAs and to the taxing entities that will benefit from distributions of property tax and other revenues of the former RDAs. 1 ABxl 26, which called for the dissolution of redevelopment agencies (RDAs), mandated the formation of successor agencies (SAs) to wind down the former RDAs' operations. The bill also required each SA to have an oversight board (OB), resulting in a total of thirteen (13) SAs and thirteen (13) OBs in San Mateo County. Subsequently, SB 107 was passed in September 201S, which dissolves the current OBs effective July 1, 2018 and replaces them with a single countywide OB. Under the law, one member of the countywide OB may be appointed by the Independent Special District Selection Committee established pursuant to CA Government Code 56332 for the types of special districts that are eligible to receive property tax revenues pursuant to Health and Safety Code Section 34188. Attachment B includes details on the full composition of Oversight Boards. COMMISSIONERS: DON HORSLEY, CHAIR, County. MIKE O'NEILL, VICE CHAIR, City. JOSHUA COSGROVE, Special District. ANN DRAPER, Public RICH GARBARINO, City • JOE SHERIDAN .• Special District • WARREN SLOCUM, County ALTERNATES: KATI MARTIN, Special District. HARVEY RARBACK, City. SEP! RICHARDSON, Public. DAVE PINE, county STAFF: MARTHA POYATOS, EXECUTIVE OFFICER• REBECCA ARCHER, LEGAL COUNSEL• JEAN BROOK, COMMISSION CLERK Attachment 1 December 20, 2017 Page 2 • Duties of the Countywide OB include performing a detailed review of the Recognized Obligation Payment Schedule (ROPS) and overseeing the disposition of the assets and properties of the former RDAs. • Members of the Countywide OB shall serve without compensation or reimbursement for expenses. • Members of the Countywide OB shall have personal immunity from suit for their actions taken within the scope of their responsibilities under ABxl 26 . • Members shall serve at the pleasure of the appointing bodies . • The Countywide OB is subject to the Ralph Brown Act, the California Public Records Act, and the Political Reform Act of 1974. Requested Actions It is recommended that you take the following actions: 1) Forward this letter to all board members and encourage board members to contact me directly if they have questions . 2) At the meeting at which your board appoints officers for 2018, the board should also appoint an alternate to attend the February 13 SDSC meeting in the event the board president is not able to attend and vote . 3) Once your board has appointed a 2018 chair or president and the alternate to attend the SDSC meeting, please send a minute order to LAFCo documenting the name of the board president or chair and the name of the alternate that would attend the SDSC meeting if the board chair or president is not able to attend. Sincerely, ~.f~~ Martha M. Poyatos Executive Officer Attachment A: Independent Special Districts Receiving Revenues from Former RDAs Attachment B: Health and Safety Code Section 34179 (j)-(q) cc: Juan Raigoza, County Controller Shirley Tourel, Assistant County Controller Paul Okada, Chief Deputy County Counsel Rebecca Archer, Lead Deputy County Counsel Bay Area Air Quality Management District Bayshore Sanitary District East Palo Alto Sanitary District Menlo Park Fire Protection District Mid-Peninsula Water District Peninsula Health Care District San Mateo County Harbor District San Mateo County Mosquito and Vector Control District Sequoia Healthcare District Attachment 1 I Attachment A I .•. · Former Redevelopment Agency Name Independent Special Districts Receiving Revenues From Total Amount FormerRDAs _· · . Received • During Fis.cal East Palp Fo~er Menlo Re_dwood San San San So San Year 2016~17 Belmont: Brisbane Daly City Alto-. dty Millbrae Park Pacifica City Bruno carros Mateo Francisco Bay Area Air Quality Management District $ 291,840 ./ ,/ ,/ ../ ,/ ,/ ../ ./ ,/ ,/ ./ ,/ ../ Bayshore Sanitary District $ 190,827 .,/ ./ Belmont County Water District $ 38,045 ,/ ./ East Palo Alto Sanitary District $ 293,952 ../ Menlo Park Fire District $ 2,691,658 ./ .,/ Mid-Peninsula Regional Open Space District $ 858,512 ../ ./ ./ ,/ North Coast County Water District $ 3,469 ../ Peninsula Hospital District $ 298,433 ../ ,/ ../ ./ San Mateo County Harbor District $ 494,064 ../ ,/ ,/ .,/ ./ ,/ ./ .,/ ,/ ,/ ,/ ,/ .,/ San Mateo County Mosquito & Vector Control District $ 151,587 ./ ../ ,/ ../ ./ ../ ,/ ../ ,/ San Mateo County Resource Conservation District $ 1,701 ../ ,/ Sequoia Hospital District $ 545,756 ,/ ,/ ./ ,/ ,/ Attachment 1 9/15/2017 ~' H_&_S_3_4_1 _7_9U~·)~~~ Codes Display Text Attachment B (j) Except as specified in subdivision (q), commencing on and after July 1, 2018, in each county where more than one oversight board was created by operation of the act adding this part, there shall be only one oversight board, which shall be staffed by the county auditor-controller, by another county entity selected by the county auditor-controller, or by a city within the county that the county auditor-controller may select after consulting with the department. Pursuant to Section 34183, the county auditor-controller may recover directly from the Redevelopment Property Tax Trust Fund, and distribute to the appropriate city or county entity, reimbursement for all costs incurred by it or by the city or county pursuant to this subdivision, which shall include any associated startup costs. However, if only one successor agency exists within the county, the county auditor-controller may designate the successor agency to staff the oversight board. The oversight board is appointed as follows: (1) One member may be appointed by the county board of supervisors. (2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county, the mayor may appoint one member. (3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. (4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed, then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public may be appointed by the county board of supervisors. (7) One member may be appointed by the recognized employee organization representing the largest number of successor agency employees in the county. (k) The Governor may appoint individuals to fill any oversight board member position described in subdivision (j) that has not been filled by July 15, 2018, or any member position that remains vacant for more than 60 days. (I) Commencing on and after July 1, 2018, in each county where only one oversight board was created by operation of the act adding this part, then there will be no change to the composition of that oversight board as a result of the operation of subdivision (j). (m) Any oversight board for a given successor agency, with the exception of countywide oversight boards, shall cease to exist when the successor agency has been formally dissolved pursuant to Section 34187. A county oversight board shall cease to exist when all successor agencies subject to its oversight have been formally dissolved pursuant to Section 34187. (n) An oversight board may direct a successor agency to provide additional legal or financial advice than what was given by agency staff. (o) An oversight board is authorized to contract with the county or other public or private agencies for administrative support. (p) On matters within the purview of the oversight board, decisions made by the oversight board supersede those made by the successor agency or the staff of the successor agency. (q) (1) Commencing on and after July 1, 2018, in each county where more than 40 oversight boards were created by operation of the act adding this part, there shall be five oversight boards, which shall each be staffed in the same manner_ as specified in subdivision (j). The membership of each oversight board shall be as specified in paragraphs (1) through (7), inclusive, of subdivision (j). http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=24.&title=&part=1.85.&chapter=4.&article= 1/2 Attachment 1 9/15/2017 Codes Display Text (2) The oversight boards shall be numbered one through five, and their respective jurisdictions shall encompass the territory located within the respective borders of the first through fifth county board of supervisors districts, as those borders existed on July 1, 2018. Except as specified in paragraph (3), each oversight board shall have jurisdiction over each successor agency located within its borders. (3) If a successor agency has territory located within more than one county board of supervisors' district, the county board of supervisors shall, no later than July 15, 2018, determine which oversight board shall have jurisdiction over that successor agency. The county board of supervisors or their designee shall report this information to the successor agency and the department by the aforementioned date. ( 4) The successor agency to the former redevelopment agency created by a county where more than 40 oversight boards were created by operation of the act adding this part, shall be under the jurisdiction of the oversight board with the fewest successor agencies under its jurisdiction. (Amended by Stats. 20.15, Ch. 325, Sec. 11. Effective September 22, 2015.) http://leginfo.legislature.ca.gov/faces/codes_ displayText.xhtml?lawCode=H SC&division=24.&title=&part=1.85.&chapter=4. &article= 2/2 Attachment 1 R-18-10 Meeting 18-03 January 16, 2018 AGENDA ITEM 4 AGENDA ITEM Consideration of Commemorative Trail and Bench for Stephen E. Abbors at Rancho San Antonio Open Space Preserve ACTING GENERAL MANAGER’S RECOMMENDATION Confer special recognition on Stephen E. Abbors by renaming the PG&E Trail at Rancho San Antonio Open Space Preserve to the Stephen E. Abbors Trail, and to install a commemorative bench and plaque approximately 0.75 miles from the intersection of the PG&E and Upper Wildcat Canyon Trails. SUMMARY Stephen “Steve” Abbors, the District’s most recent General Manager retired on December 30, 2017. The Board has expressed interest in renaming a trail in recognition of extensive contributions Steve has made to the District in his more than nine years here. If approved by the Board of Directors, the bench, plaque, and installation of new trail signage would cost approximately $3,175. The Fiscal Year (FY) 2017-18 budget includes sufficient funds to cover the associated expenditures. DISCUSSION Steve Abbors joined the District in 2008 as its third General Manager and subsequently led the District through numerous successful projects, including the opening of Mount Umunhum and La Honda Creek Open Space Preserve for public access and the passage of Measure AA. Over the course of his tenure, Steve worked with the Board and staff to add 7,608 acres of newly protected lands to maintain and grow the regional greenbelt and increased public access to and within Midpen preserves. Under Steve’s leadership, the District in 2014 successfully passed Measure AA to fund $300 million in capital projects over the following 30 years, which will help the District increase land restoration, acquisition, and public access throughout the District. To date, these funds have helped fund projects at Mount Umunhum, Bear Creek Redwoods, and La Honda. Measure AA funds will also help fund the District’s largest proposed acquisition to date of San Jose Water Company land in Santa Clara County, which streamlined acquisition was recently approved by the California State Legislature, in large part due to Steve’s steady leadership in championing the bill. Renaming the PG&E Trail is consistent with Board Policy 5.01 Site Naming and Special Recognition, which includes the following criteria: R-18-10 Page 2 III. SPECIAL RECOGNITION The Legislative, Funding and Public Affairs Committee (LFPAC) shall be the committee designated to discuss all requests that meet the criteria of the policy for special recognition, made by members of the Board of Directors or by members of the public, including bench memorials and the naming of bridges, and after deliberation shall decide which requests will be referred to the full Board for a vote. The Acting General Manager recommends approval of the proposed trail renaming and bench installation. FISCAL IMPACT The material and construction cost of the recommended actions are estimated at $3,175. This item would be paid for from existing funds in the FY2017-18 Budget and includes the following elements: − Cost of a standard bench with personalized plaque: $1,425 in materials − Cost of assembling and installing the bench: $500 − Cost of updating and adding signage: $1,250 − Cost of adding the name on the District’s maps: No extra cost will be incurred because the District will continue to use the existing maps until they run out. The new trail name and bench will be shown on maps as they are reprinted over time. BOARD COMMITTEE REVIEW The Legislative, Funding, and Public Affairs Committee reviewed this item on January 16, 2018 and recommended Board approval. 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. NEXT STEPS If approved by the Board of Directors, staff will begin ordering the signage and bench for installation in Spring 2018. Attachments 1. Site map and location photos 2. Board Policy 5.01 Site Naming, Gift and Special Recognition Responsible Department Head: Ana Ruiz, Acting General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P (WP01) (WP02) (WP03) (RS 0 9 ) (RS10) (RS 0 3 ) (RS06) (RS01) (RS04) (RS12) (RS1 1 ) (RS02) Black Mountain 2,812' Vista Point Vista Point Anza Knoll ÄÆ280 ÄÆ280 M o o d y Ro ad Cristo R e y Drive H i g h M e adow Lower Meadow Trail* P e r m a n e n te I n d i a n Cree k Tr . C h a m i s e Trail M o r a T r ail Chamise T rail Coyote Tr a i l Quarry Trail Upper Rogue Valley Trail Upper H i g h Meadow Tr a i l B l a c k M o u n t a i n T r a il P G & E Trail PG&E Trail B l a c k M ounta i n T r a il H a m m o n d - Snyd e r R h u s R id g e Mo n t e b e l l o R d . Rogue V all e y Deer Meadow Trail W i l d c a t L o o p T r . P G &E Tr. Rogue Valley Trail U p p e r W i l d cat Canyon Trail W i l d c a t Loop T r a i l 0.4 0.2 1.6 0 . 1 0.2 0.2 0.2 0.2 0.3 0. 4 0.4 0.3 0.4 0.5 0.5 0.6 0.7 0. 6 0.6 0.9 0. 7 0.7 0.81.3 1.7 1.1 0.9 0.9 0.9 1.5 1.3 3.0 1.9 H a l e C reek A d o b e C re e k 2600 2400 220 0 1800 2 4 0 0 1800 1400 2400 120 0 1600 1600 1400 1200 1000 14 0 0 12 0 0 400 400 40 0 22 0 0 1800 1 6 0 0 1600 1 2 0 0 10 0 0 1000 1000 1000 8 0 0 8 0 0 800 600 800 600 2 6 0 0 6 0 0 2600 60 0 600 H I D D E N V I L L A R A N C H O S A N A N T O N I O C O U N T Y PA R K (No Bicycles Allowed) R A N C H O S A N A N T O N I O O P E N S PA C E P R E S E R V E Private PropertyPrivate Property Private Property Private Property CUPERTINO LOS ALTOS HILLS LOS ALTOS MOUNTAIN VIEW Mary Davey Memorial T r a il Mary Davey Loop Trail L o o p 0.6 Cre e k T r . Permit Only D E E R H O L L O W FA R M F o o t h i l l E x p r e s s w a y F o o t h i l l B o u l e v a r d El Monte Rd. Fremont Avenue Gr a n t R o a d ATTENTION: Bicycles are not allowed west of Deer Hollow Farm Quarry Trail crosses private property via District easement. All users must stay on designated trail. * Service road for bicyclists and service vehicles only. Pedestrians use Lower Meadow Trail. A majority of the County Park's facilities, including paved paths, parking, and wheelchair accessible restrooms, meet those standards established by the Americans with Disabilities Act. For more information, visit www.openspace.org. Hil l T r . 0.2 0.1 ! (By Permit Only) 20 0 0 2 2 0 0 2800 2 0 0 0 2 4 0 0 260 0 1000 14 0 0 1800 1800 1 6 0 0 1200 800 800 1 0 0 0 1 0 0 0 1 0 0 0 1000 600 400 800100 0 1000 800 ! ! ! ! ! ! 1600 (Managed by Midpen) ! C a n y o n Oa k W a y (N o b icycles allo w e d) D U V E N E C K W I N D M I L L PA S T U R E A R E A Only authorized vehicles beyond this point. 0.2 (RS13) (RS13) Rancho San Antonio County Park is operated in partership with the Santa Clara County Parks and Recreation Department. © MROSD 8/5/2016 0 1 Mile 0 1 Kilometer Rancho San Antonio Open Space Preserve Map Legend Midpen Preserve Other Public Land Private or Leased Land - No Public Access No Public Entry in Midpen Water Areas Highway or Major Road Important Road Vehicle Driveway ! ! ! ! ! ! ! ! ! !Hiking Only Hiking, Bicycling ! ! ! !Hiking, Equestrian Hiking, Bicycling, Equestrian Easy Access Trail !P Trail Junction Gate (#) Parking Lot Equestrian Parking Point of Interest Water Trough Picnic Table Model Aircraft Field Tennis Court Water Tank Bench Backpack Campground (Permit Only) Drinking Water Field Office Public Phone Restroom I For More Information Visit www.openspace.org or call (650) 691-1200 Dogs not permitted in this Preserve In case of emergency, call 911 or 24-hour Ranger Dispatch at (650) 968-4411. For your safety, and the protection of the preserves: The preserve is open from dawn until one-half hour after sunset; Auto burglaries are increasing; take valuables with you and lock your vehicle. Pack it in, pack it out- Please do not litter; Please leave natural features, plants, and animals undisturbed; !P !P !P !P !P !P !P !P !P !P !P !P !P (RS10) (RS03) (RS06) (RS04) ( R S 0 2 ) ÄÆ280 Lower Meadow Trail* P e r m a n e nte M o r a Trail C o y o t e T r a i l Ham m o n d - Sny d e r Loo p Rogue Valley Trail Deer Meadow Trail P G &E T r a il 0. 3 0.3 0. 5 0.3 0 . 2 0 . 3 0.3 0.4 0.5 0.6 0.7 400 6 0 0 Cree k T r a i l Permit Only D E E R H O L L O W FA R M Hill Tra il ! ! ! ! ! ! Only authorized vehicles beyond this point. R S A B i k e Pat h S . M e a d o w T r a i l 0.1 F a r m B y pass Tr. 0.4 Private Property 400 600 80 0 600 600 4 0 0 4 0 0 C o yote T r . H . M e a do w Foothills Field Office Water Tank Water Tank Attachment 1 OProposed bench location Photos of proposed bench location Attachment 1 Midpeninsula Regional Open Space District Board Policy Manual Site Naming, Gift, and Special Recognition Policy 5.01 Chapter 5 – Historical/Cultural Effective Date: 8/25/93 Revised Date: 11/13/13 Prior Versions: 8/25/93, 9/14/94, 6/24/98, 9/12/01, 10/8/08, 1/13/10, 10/27/10 Board Policy 5.01 Page 1 of 4 I. SITE NAMING All District site names and signs should be kept as simple and functional as possible. When a property is acquired, either as an addition to an existing preserve or for the establishment of a new preserve, a name will be recommended in the Preliminary Use and Management Plan. In most cases, "open space preserve" is appropriate as part of the name; however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the next Comprehensive Use and Management Plan review. A. Open Space Preserves The name given to each open space preserve should be general enough to remain suitable if the site is enlarged, but specific enough to give its location some significance. Properties added to an open space preserve may not always be contiguous with that preserve. 1. Preserves shall be named after: a) Geographical features of broad, general significance to the preserve; b) Historical persons, cultural names, uses, or events broadly associated with the locale. 2. Preserves shall not be named after any individuals other than historical persons as noted above. B. Preserve Areas, Trails, Site Improvements, Historic Sites and Unnamed Natural Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, and areas of significance within open space preserves. Recognition of significant land gifts, including "bargain" purchases, will be negotiated at the time of the gift or bargain purchase. 1. Preserve areas, trails, site improvements including benches and bridges, historic sites and previously unnamed natural features shall ordinarily be named after: a) Geographical, botanical or zoological identification; Attachment 2 Board Policy 5.01 Page 2 of 4 b) Historical persons, uses, or events associated with the site, or persons and organizations listed in Section III: “Special Recognition”. 2. Preserve areas, trails, site improvements, historic sites and unnamed natural features may in rare instances be named after a living individual who has made an outstanding contribution to the District, subject to approval by the Board of Directors. II. GIFT RECOGNITION The purpose of the gift recognition policy is to provide an opportunity for the District to recognize and commend individuals or groups that have made significant contributions of cash, equipment, materials, goods or professional services toward the enhancement of the District, its programs, and its facilities. A. Unsolicited Cash Gifts: Up to $25 Postcard of thanks $26 to $499 Letter signed by General Manager $500 to $1,999 Letter signed by President of the Board $2,000 to $4,999 Letter signed by President of the Board and District gift item (note cards, etc.) $5,000 to $9,999 Letter signed by President of the Board and framed photograph of favorite District preserve $10,000 or more Letter signed by President of the Board and Resolution and framed photograph of District preserve and mention in a District publication* *These items will be provided only if desired by the donor. III. SPECIAL RECOGNITION The Legislative, Funding and Public Affairs Committee (LFPAC) shall be the committee designated to discuss all requests that meet the criteria of the policy for special recognition, made by members of the Board of Directors or by members of the public, including bench memorials and the naming of bridges, and after deliberation shall decide which requests will be referred to the full Board for a vote. The District places benches in its preserves for three distinct purposes: A. District Rest Benches These benches provide constituents with a place to rest. District staff places these benches without involving a District committee or the full Board. Regular benches must be either a backed or a backless standard bench as described in Section V below. B. Constituent Memorial Benches Attachment 2 Board Policy 5.01 Page 3 of 4 These are benches which have been requested by constituents in order to honor a member of the public and are funded by the requestors who must pay $5,000 for the lifetime cost of the bench. LFPAC discusses requests for these benches and decides which requests will be referred to the full Board for a vote. Requests must be in reference to a deceased significant supporter or a volunteer, as defined in the following sections. a) Constituent memorial benches shall only be placed in locations that have been pre-determined by the District and approved by the Use and Management committee and by the full Board of Directors. b) If a request for special recognition is approved by the Board of Directors, the requestor(s) shall pay for the cost of constructing, installing and maintaining a memorial bench by contributing $5,000 to a Memorial Bench Fund to cover the lifetime cost of the bench. The District will put this fund into an interest-bearing account which will be used solely for memorial bench construction, installation, repair, and maintenance. c) Bench plaques will be 2 x 6 inches in size. d) Benches must be one of the two District standard bench designs. C. District Memorial Benches These are benches which are installed by the District in response to requests by members of the Board of Directors to honor deceased "Founders," "Significant Supporters", and “Volunteers”. a) LFPAC can initiate a bench request and refer a decision to the full Board or individual Board members can initiate a bench request which will be referred to LFPAC for discussion before it is referred to the full Board for a final decision. Honorees must be deceased "Founders", "Significant Supporters", and “Volunteers” (per policy Section III D below). b) For these benches there are no design specification limits or limits on their location. The District will pay for the lifetime cost of the bench. D. Deceased Founders, Significant Supporters, and Volunteers "Founders", "Significant Supporters", and “Volunteers” are eligible for special recognition, including memorials. "Founders" shall be defined as an individual or group of individuals who participated in the formation of the District, or were significant supporters of the formation of the District. Attachment 2 Board Policy 5.01 Page 4 of 4 "Significant Supporters" shall be defined as individuals or group of individuals who have shown conspicuous or noteworthy support for the District through extraordinary contributions of time and effort to the advancement of the goals, philosophy and mission of the District. “Volunteers” shall be defined as individuals or groups of individuals who donated their time to the District by working for the District’s docent or volunteer program. IV. RECOGNITION OF HISTORIC SITES A. A recognition monument, normally in plaque form, may be considered by the Board if it is in relation to a specific existing building or other remaining structure of significant historic value. In such cases, the plaque will be affixed or in close proximity to the structure itself. If there is no structure, then recognition may he considered for inclusion on District informational materials or trail signage. Such a site, in the absence of a building or structure, will ordinarily not be physically marked except as determined by the Board on a case-by-case basis as part of the Use and Management planning process for the corresponding open space preserve. Any Board-approved memorial names shall be included in site brochures, maps, or other informational materials. V. STANDARD BENCH DESIGN SPECIFICATION A. District Rest Benches and Constituent Memorial benches, described in III(A) and (B) above, are limited to either of the two following standard bench designs: Backed bench: Dumor - Bench 88, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 6’ or 8’ lengths Backless bench: Dumor - Bench 103, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 103-60PL 6' long, 3 supports 103-80PL 8' long, 3 supports B. LFPAC can at any point bring designs to the Board that differ from the District’s standard bench designs. Attachment 2 R-18-12 Meeting 18-03 January 24, 2018 AGENDA ITEM 5 AGENDA ITEM Approval of the Corrected Classification and Compensation Plan ACTING GENERAL MANAGER’S RECOMMENDATION Adopt the attached Resolution to include the Facilities Maintenance Specialist position in the corrected Classification and Compensation Plan to reflect the Board of Directors’ approval for the new position as given on June 22, 2016. SUMMARY The recommended action corrects the Compensation and Classification Plan by adding the Facilities Maintenance Specialist position, which the Board of Directors (Board) approved as a new position on June 22, 2016. This correction is required to comply with requirements of the California Public Employees Retirement System (CalPERS). DISCUSSION On April 19, 2016, a summary of recommendations from the Financial and Operational Sustainability Model (FOSM) went before the Action Plan and Budget Committee (R-16-52). The recommendations addressed organizational capacity needs to accommodate service and project delivery growth. Several positions were part of this reorganization, including the Facilities Maintenance Specialist position. On June 22, 2016, the Board of Directors approved the proposed new positions (R-16-71). While the Facilities Maintenance Specialist was included in the report, it was not included on the Classification and Compensation Plan. As CalPERS requires the public posting of all positions and salaries, a corrected Board-approved Classification and Compensation Plan that includes the Facilities Maintenance Specialist position is required. FISCAL IMPACT There is no fiscal impact associated with the recommended action. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. R-18-12 Page 2 CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon approval of the resolution, staff will send the revised resolution to CalPERS to comply with CalPERS and state law. Attachment 1. Resolution to Amend the Classification and Compensation Plan, and its Exhibit A, Updated Classification and Compensation Plan Responsible Department Head: Candice Basnight, Human Resources Manager Prepared by: Alicia Gonzales, Human Resources Supervisor Attachment 1 Resolutions/2018/18-__AmendC&C_FacilitiesMaintenanceSpec 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CLASSIFICATION & COMPENSATION PLAN BY ADDING A NEW CLASSIFICATION SPECIFICATION AND SALARY RANGE WHEREAS, the Financial and Operational Sustainability Model (FOSM) was approved by the Board of Directors in May of 2015, and WHEREAS, on June 22, 2016, the Board approved a summary of proposed recommendations for new positions for organizational capacity and growth as prescribed by the FOSM, and WHEREAS, the Facilities Maintenance Specialist position was approved by the Board on June 22, 2016, but was not included on the Classification and Compensation Plan, and WHEREAS, the Acting General Manager has proposed an amendment to the Midpeninsula Regional Open Space District Classification and Compensation Plan to add the new job classification of Facilities Maintenance Specialist, and to add a corresponding classification specification and salary range, and WHEREAS, the Board of Directors, having considered such proposals and recommendations, wishes to amend the District’s Classification and Compensation Plan accordingly. NOW, THEREFORE, THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: 1. The Classification and Compensation Plan of the Midpeninsula Regional Open Space District shall be amended to include the new job classification title Facilities Maintenance Specialist and to include the classification specification and salary range set forth in the exhibit attached hereto and incorporated herein as Exhibit “A”. 2. Except as herein modified, the Classification and Compensation Plan, Resolution No. 17-14 as amended, shall remain in full force and effect. 3. This resolution shall be effective January 24, 2018. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2018, at a regular meeting thereof, by the following vote: * * * * * * * * * * * * * * * * * * * * AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2018/18-__AmendC&C_FacilitiesMaintenanceSpec 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: Acting General Counsel 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 Step Full/PT Range #Minimum Maximum Minimum Maximum Minimum Maximum Time Seasonal Open Space Technician 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT Seasonal Ranger Aide 6 20.1000 25.0962 3,484 4,350 41,808 52,200 PT Seasonal Ranger 16 25.6558 32.0308 4,447 5,552 53,364 66,624 PT Farm Maintenance Worker 19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT Open Space Technician*19 27.6000 34.4712 4,784 5,975 57,408 71,700 FT Administrative Assistant 20 28.2865 35.3077 4,903 6,120 58,836 73,440 FT Accounting Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Human Resources Technician 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Information Technology Technician I 22 29.6885 37.0731 5,146 6,426 61,752 77,112 FT Facility Maintenance Specialist 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT GIS Technician 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Lead Open Space Technician*23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Volunteer Program Lead 23 30.4385 38.0077 5,276 6,588 63,312 79,056 FT Risk Management Coordinator 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT Senior Administrative Assistant 24 31.1712 38.9365 5,403 6,749 64,836 80,988 FT Public Affairs Program Coordinator 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT Ranger 25 31.9558 39.9058 5,539 6,917 66,468 83,004 FT Senior Finance & Accounting Technician 26 32.7288 40.8750 5,673 7,085 68,076 85,020 FT Equipment Mechanic/Operator 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Executive Assistant 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Information Technology Technician II 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Lead Ranger 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Public Affairs Specialist I 27 33.5481 41.9019 5,815 7,263 69,780 87,156 FT Property Management Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT Real Property Specialist I 28 34.3731 42.9173 5,958 7,439 71,496 89,268 FT Executive Assistant/Deputy District Clerk 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT Planner I 29 35.2327 43.9904 6,107 7,625 73,284 91,500 FT Data Analyst I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Docent Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Resource Management Specialist I 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Volunteer Program Manager 30 36.0923 45.0692 6,256 7,812 75,072 93,744 FT Accountant 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Capital Project Manager II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Planner II 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Management Analyst I 31 36.9923 46.1885 6,412 8,006 76,944 96,072 FT Data Analyst II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT Resource Management Specialist II 34 39.7846 49.6904 6,896 8,613 82,752 103,356 FT Grants Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Maintenance, Construction & Resource Supv.35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Management Analyst II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Procurement & Contracting Agent/Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Property Management Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Real Property Specialist II 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Supervising Ranger 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Training & Safety Specialist 35 40.7769 50.9250 7,068 8,827 84,816 105,924 FT Applications Engineer 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2017/2018 - Effective 1/24/2018 (Pay Period 18-2) Last revised: 12/13/2017, 7/1/17, 5/10/17, 4/12/2017, 2/22/2017, 10/26/16, 8/29/16, 7/01/16, 4/28/2016, 4/14/16 Classification Title Hourly Range $Monthly Range $Annual Range $ Exhibit A Public Affairs Specialist II 36 41.7808 52.1712 7,242 9,043 86,904 108,516 FT Data Administrator 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Governmental Affairs Specialist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Senior Technologist 38 43.8635 54.7904 7,603 9,497 91,236 113,964 FT Facilities Maintenance Supervisor 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Capital Projects Field Manager 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Capital Project Manager III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Planner III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Public Affairs Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Resource Management Specialist III 39 44.9596 56.1404 7,793 9,731 93,516 116,772 FT Senior Property Management Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Senior Real Property Specialist 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Special Projects Manager 40 46.0615 57.5192 7,984 9,970 95,808 119,640 FT Senior Accountant 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT Senior Management Analyst 41 47.2038 58.9615 8,182 10,220 98,184 122,640 FT Area Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Area Superintendent 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT District Clerk/Assistant to General Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT GIS Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Information Technology Program Administrator 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Human Resources Supervisor 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Capital Project Manager 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Planner 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Senior Resource Management Specialist 43 49.5692 61.9096 8,592 10,731 103,104 128,772 FT Budget & Analysis Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Finance Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Human Resources Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Information Systems & Technology Manager 48 55.9846 69.9173 9,704 12,119 116,448 145,428 FT Engineering & Construction Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Land & Facilities Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Natural Resources Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Operations Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Planning Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Public Affairs Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Real Property Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Visitor Services Manager 51 60.2481 75.2481 10,443 13,043 125,316 156,516 FT Assistant General Counsel I 53 63.2596 79.0096 10,965 13,695 131,580 164,340 FT Assistant General Counsel II 55 66.4269 82.9615 11,514 14,380 138,168 172,560 FT Assistant General Manager 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT Chief Financial Officer/Director Administrative Services 59 73.2404 91.4654 12,695 15,854 152,340 190,248 FT * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Monthly Annual Effective General Manager $122.6077 $21,252 $255,024 12/13/2017 Controller - Part-time position $84.9750 $3,682 $44,187 12/13/2017 General Counsel $110.3072 $19,120 $229,439 12/13/2017 Elected Officials Compensation Board Director 1/1/2006 Monthly MaximumPer Meeting $100.00 $500.00 Last Revised 7/1/2016 11/1/2016 7/1/2016 Effective Date Exhibit A R-18-11 Meeting 18-03 January 24, 2018 AGENDA ITEM 6 AGENDA ITEM Addition of Design-Build Provisions to Board Policy 3.03 - Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing, and Addition of a Design-Build Conflicts of Interest Policy as Board Policy 6.09 ACTING GENERAL MANAGER’S RECOMMENDATIONS 1. Approve the proposed changes to Board Policy 3.03 - Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing to incorporate the Board’s ability to award Design-Build contracts pursuant to Senate Bill 793 2. Approve the addition of a Design-Build Contracts - Conflicts of Interest policy as Board Policy 6.09 SUMMARY The Midpeninsula Regional Open Space District’s (District) enabling legislation has always prescribed a conventional Design-Bid-Build (“low bid”) project delivery method for construction projects. However, Senate Bill (SB) 793, passed in late 2017, amends the District’s enabling legislation to empower the Board of Directors (Board) to award Design-Build contracts. To implement this project delivery method, the Acting General Manager proposes revisions to Board Policy 3.03 - Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing (see Attachment 2). As required by the state Design-Build law, the Board is also required to adopt a Design-Build Contracts - Conflicts of Interest Policy (Attachment 3). Adopting these revisions to the Board policies provides the District with greater flexibility in selecting a contract mechanism for constructing capital projects. BACKGROUND The District’s enabling legislation has always allowed the Board to award construction contracts to the lowest bidder after public advertisement (Cal. Pub Res Code § 5549). This is commonly referred to as the “design-bid-build” contracting process. Generally, the District first hires a design consultant, such as an architect or engineer, to provide complete drawings and specifications for a construction project. Once the design is complete, the District then advertises for construction bids through a public competitive bidding process, and ultimately awards a contract to the lowest responsible bidder, who constructs the project. The conventional design-bid-build process is expected to remain the District’s primary method of contracting for most construction projects. R-18-11 Page 2 Like the District, most public agencies have traditionally used the design-bid-build approach for construction projects. However, beginning in 2001 with the passage of AB 598, the option of design-build became available to some agencies. Using the design-build process incorporates design and construction services into a single contract. Based on information from both the private and public sector, the advantages in using the design-build process include: • A single point of accountability as the same firm is responsible for both the design and construction of a facility • Fewer change orders and claims • Reduced delivery time when design and construction overlap • Greater cost certainty • Lower overall project cost In 2015, the enactment of SB 785 overhauled the California design-build law, codified in Public Contract Code sections 22160-22169. It enables certain local public agencies (including cities, counties, special districts for wastewater and water recycling, and transit districts) to use design- build contracts subject to the following: • Only certain types of projects and facilities are eligible; • Only projects exceeding $1,000,000 may be procured using design-build; • Eligible agencies must follow certain specific steps during procurement as prescribed in the design-build law; • Eligible agencies must adopt a Conflict of Interest Policy (“Policy”) for proposers on design-build solicitations; and • The design-build law is only in effect through January 1, 2025, unless extended by the legislature. Under the current law, design-build procurement is a four-stage process: 1. A design professional creates the design and scoping criteria ("bridging documents") in consultation with the local agency. 2. The agency advertises a Request for Qualifications (“RFQ”) to qualify design-build entities. 3. The agency advertises a concurrent or subsequent Request for Proposals (“RFP”) that sets forth specific requirements and scoring criteria for the selection of a design-build entity. 4. The agency negotiates the terms of the design-build contract and awards the contract to the selected entity. This procedure can be more time-intensive than the conventional design-bid-build public bidding process, partly because it requires four sets of customized documents (the bridging documents, RFQ, RFP, and final contract), and also because negotiating the final contract terms with the selected design-build entity can be time-consuming, and even contentious. By contrast, in conventional design-bid-build, a single set of bidding and contract documents is issued for lump sum bids, with no negotiation. Depending on the complexity of the project, the transactional costs for initiating a design-build project can often be higher due to the intensive process of developing up-front criteria for the project and describing them adequately in the bridging or project scoping documents. Design- build projects also relinquish detailed design decision-making to the contractor. In theory, this R-18-11 Page 3 promotes value engineering by allowing the contractor to make design decisions on behalf of the agency based on performance criteria (versus personal aesthetic or design preferences), allowing the contractor to make design, product or material selections that meet the criteria at the lowest cost possible. While the ideal project can ultimately result in cost savings, the process may limit the District’s ability to control design decisions made during the course of implementing the project. DISCUSSION Last year, the Governor signed SB 793 into law, adding the authority to award design-build contracts into the District’s enabling legislation as Public Resources Code section 5580 (Attachment 1). Effective January 1, 2018, the statute provides that upon approval by the Board of Directors, the design-build process may be used to assign contracts for the construction of facilities or other buildings in the district. The minimum project limitation of one million dollars for design build projects set forth in the Public Contract Code for other local agencies does not apply to the District. Section 5580 is in effect only until January 1, 2023, unless an extension is granted in the future by the legislature. Beginning in 2018, the District has the ability to design and implement a broader range of projects using a design-build process as an alternative to the more traditional design-bid-build model for public contracts. However, all of the other generally applicable statutory requirements for design-build projects (codified in the California Public Contract Code) are also applicable to District projects, including the prescribed procurement procedures, which are more complex than standard public bidding procedures. Design-build is intended to allow the District to combine design and construction services early in the design process to factor in construction constraints, cost-effective material options, and value engineering strategies to reduce project delays and contain costs. In addition, design-build allows agencies to base the selection of firms not only on cost, but also on qualifications and experience. This is particularly important for the District to ensure high quality and care during project construction given that most projects are located in remote areas with difficult access and minimal utilities, and in highly sensitive and rare habitats where special-status species must be protected. Proposed Revisions to Board Purchasing Policy Existing Board Policy 3.03 only recognizes the District’s use of the traditional design-bid-build project delivery method for construction projects. The proposed revisions would permit the use of the design-build process (see Attachment 2). Adopting the proposed revisions to Board Policy 3.03 does not obligate the District to use the design-build method. The General Manager would recommend the use of design-build for projects where it appears that utilizing this process would be beneficial, including, but not limited to, reduced costs or a shortened construction period. Design-Build Conflict of Interest Policy As mentioned above, California Public Contract Code section 22162 requires the District to implement a Conflict of Interest Policy specific to consultants and contractors who propose to participate in a District design-build project. The Design Build Contracts - Conflicts of Interest Policy seeks to prevent the involvement of a proposer on a design-build project who is unable or potentially unable to render impartial assistance to the District on a project; whose objectivity in R-18-11 Page 4 performing the contract work is or might be otherwise impaired; or who has an unfair competitive advantage (see Attachment 3). BOARD COMMITTEE REVIEW No Committee reviewed this proposed changes. FISCAL IMPACT There is no fiscal impact associated with this action. The policy changes discussed in this report would align the Board’s contracting authority with that of its revised enabling legislation, which became effective January 1, 2018. This alignment along with the proposed update to the purchasing policy would result in improved operational efficiencies. 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 CEQA. NEXT STEPS Following Board approval, the revised policies will take effect immediately. The Acting General Manager will make any necessary revisions to the Administrative Procedures that direct the implementation of the revised Board policies. Attachment: 1. SB 793 - Amendment to Section 5580 of the Public Resources Code, relating to open space districts. 2. Proposed Revisions to Board Policy 3.03 - Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing 3. Draft Board Policy 6.09, Design Build Contracts - Conflicts of Interest Prepared by: Hilary Stevenson, Acting General Counsel Contact person: Ana Ruiz, Acting General Manager State of California PUBLIC RESOURCES CODE Section 5580 5580. (a)  Notwithstanding Section 5594 or any other law, upon approval by the board of directors of the Midpeninsula Regional Open Space District, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to assign contracts for the construction of facilities or other buildings in that district. (b)  The minimum project limitation of one million dollars ($1,000,000), as described in subdivision (a) of Section 22162 of the Public Contract Code, shall not apply to the Midpeninsula Regional Open Space District. (c)  For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Midpeninsula Regional Open Space District and its board of directors. (d)  This section shall remain in effect only until January 1, 2023, and as of that date is repealed. (Added by Stats. 2017, Ch. 627, Sec. 4. (SB 793) Effective January 1, 2018. Repealed as of January 1, 2023, by its own provisions.) Attachment 1 Midpeninsula Regional Open Space District Board Policy Manual Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy Policy 3.03 Chapter 3 – Fiscal Management Effective Date: 7/24/02 Revised Date: 12/16/15 Prior Versions: 12/16/09, 1/27/10, 9/23/15 Board Policy 3.03 Page 1 of 9 Purpose The purpose of this policy is to ensure that the District obtains quality services, supplies, material and labor at the lowest possible cost, and to provide a uniform method for procurement of services and supplies. In addition, through proper documentation, conformance to this Policy will enable the District's constituents to know that their public funds are being spent responsibly, and potential vendors and contractors to know that they are being treated equitably. Policy I. PURCHASING AUTHORITY There are three levels of authority for purchases: Board Approval, General Manager Approval and General Manager Delegated Approval. The maximum purchasing authority amounts refer to the total price of an order, including tax and/or shipping, which may include more than one item and also includes change orders and contract amendments. As used in this Policy, the term “purchasing” refers collectively to contracting or procurement of services, supplies, material or labor, including Capital Improvements. A. Board Approval for Purchases In Excess of $50,000 If the cost for furnishing services, supplies, materials, labor, or other valuable consideration to the District will exceed Fifty Thousand Dollars ($50,000), approval from the Board of Directors is required prior to entering into the contract. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct a building, structure, or improvement using District personnel. 1. Signature Contracts which have been approved by the Board shall be signed by the General Manager or designee, unless the Board has directed that the President sign on behalf of the District. The District Clerk shall sign all such contracts and affix the seal of the District. Attachment 2 Board Policy 3.03 Page 2 of 9 B. General Manager Approval for Purchases Not Exceeding $50,000 Pursuant to Public Resources Code 5549, the General Manager may obtain bids without advertisement or published notice inviting bids and may authorize and execute contracts for payment for services, supplies, material, labor, or other valuable consideration for any purpose, including the new construction of any building, structure, or improvement, in an amount not exceeding $50,000. Such expenditures shall be reported to the Board of Directors at its next regular meeting, and may be reported on the Board’s Claims List. 1. Administrative Purchasing Policy/Procedure The General Manager shall issue an Administrative Purchasing Policy/Procedure, which provides appropriate guidance to staff to ensure that all District purchases are made in accordance with this Policy and required documentation procedures are followed. The General Manager shall issue written delegation of purchasing authority to those job classifications whose duties include making purchases within his or her area of responsibility. Purchasing authority limits shall be consistent with this Policy. Such written delegation of purchasing authority shall include the authority to execute contracts, purchase orders, and other documents necessary to approve a purchase within the employee’s purchasing authority. C. Contract Change Orders Staff may issue change orders to a contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent (15%) of the original contract price. A larger contingency may be authorized, based on unusual circumstances. Change orders shall not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. II. SOLICITATION OF BIDS A. Solicitation of Formal Advertised Bids for Expenditures Exceeding $50,000 When any expenditure for projects, excluding Professional services, is expected to exceed $50,000, the District shall conduct a formal bidding process pursuant to Public Resources Code section 5594. This type of formal bidding process typically includes the issuance of written plans or specifications describing the goods or services to be provided and the receipt of written bids from the bidders involved. Staff shall attempt to solicit formal bids from a minimum of three bidders. Following Board approval, the contract shall then be executed by the General Manager or designee, unless the Board President’s signature is required. The Contract shall be awarded to the lowest responsible, responsive bidder, except as otherwise provided in this Policy. Attachment 2 Board Policy 3.03 Page 3 of 9 B. Solicitation of Three Written Bids for Expenditures Exceeding $25,000 but Not Exceeding $50,000 When any expenditure is expected to exceed $25,000, but not exceed $50,000, the District shall solicit written proposals from a minimum of three (3) bidders. The General Manager’s or designee’s approval of the contract or purchase order is required as applicable under this Policy. C. Solicitation of Three Quotes or Proposals for Expenditures Exceeding $5,000 but Not Exceeding $25,000 When any expenditure is expected to exceed $5,000, but not exceed $25,000, the staff member responsible for the purchase is to solicit a minimum of three (3) quotes or proposals to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. D. Expenditures Not Exceeding $5,000 Staff members shall obtain competitive cost information, whenever feasible, for any District purchase even though formal cost quotations are not required for goods or services costing $5,000 or less. III. Professional Services Professional consultant services are of a technical and professional nature, and, due to the nature of the services to be provided, do not readily fall within the “low bid” competitive bidding process. In addition, State law requires that selection of professional consultants in the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consulting be made on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable. Professional services agreements shall include the full scope of anticipated services for the project, program or annual service agreements and shall not be split into smaller units for the purpose of circumvention of this Policy and the required purchasing procedures. A. Selection Procedures for Professional Services in Excess of $50,000 When the cost for professional services is expected to be in excess of $50,000, the District shall prepare a Request for Qualifications (RFQ) outlining the professional’s qualifications, relevant experience, staffing and support and hourly rates. This information becomes the basis for negotiating a contract or a Request for Proposal (RFP) outlining the terms, conditions and specifications of the services required by the District. The District may also prepare, as an alternative, a Request for Qualifications and Proposal, combining the required elements of the RFQ and the RFP described above. A minimum of three (3) qualified firms or individuals shall be invited to submit qualifications and/or proposals. Attachment 2 Board Policy 3.03 Page 4 of 9 District staff will review the proposals received, will select the most qualified firms for interviews, and will rank the consultants based upon criteria including but not limited to the following: i. Ability of the consultants to perform the specific tasks outlined in the RFP/RFQ. ii. Qualifications of the specific individuals who will work on the project. iii. Amount and quality of time key personnel will be involved in their respective portions of the project. iv. Reasonableness of the fee requested to do the work; comparability of fee to similar services offered by other qualified consultants. v. Demonstrated record of success by the consultant on work previously performed for the District or for other public agencies or enterprises. vi. The specific method and techniques to be employed by the consultant on the project or problem. vii. Ability of the consultant to provide appropriate insurance in adequate amounts, including errors and omissions if applicable. For the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consultants, initial selection of the most qualified and competent consultants shall not include the cost criteria listed in Section III.A. of this Policy. After staff has determined the most qualified and competent consultants, this cost criteria shall be considered in negotiating a professional services agreement with the selected consultant. B. Selection Procedures for Professional Services in Excess of $10,000 but Not Exceeding $50,000 District staff shall solicit written proposals from a minimum of three (3) qualified consultants. A formal RFP/ RFQ is not required. The selection shall be based upon the criteria noted in Section III.A.. The General Manager or designee may approve the selection and execute the agreement. C. Selection Procedures for Professional Services in Not Exceeding $10,000 District staff shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone, email, or letter, contact at least three (3) qualified consultants and request them to submit a proposal either orally or in writing. Oral proposals shall be memorialized in writing, pursuant to the Administrative Purchasing Policy/Procedure. The selection shall be based upon the criteria noted in Section III.A. and per the Administrative Purchasing Procedure. The authorized Department Manager or other authorized District employee may approve the selection and execute the agreement. D. Renewal of Contracts with Professional Consultants The District may, at its sole discretion, and after following required consultant selection procedures, enter into consultant agreements which contain provisions authorizing their extension or renewal. However, recommendations to extend or renew an existing contract with Attachment 2 Board Policy 3.03 Page 5 of 9 a professional consultant should include an annual written evaluation of the work performed by the consultant as well as a determination that the fees being charged are comparable to similar services offered by other consultants at the time of renewal or extension. If the total amount of the original and renewed contract in any one fiscal year does not exceed $50,000, the General Manager or designee may execute the agreement. If the total amount exceeds $50,000, the request must be approved by the Board. E. Conflict of Law These procedures are not applicable where superseded by local, state or federal law, where the terms of grant funding provide for the use of other consultant selection procedures, or where the District is obligated to select consultants through the use of different procedures, such as due to the requirements of an insurance or self-insurance program. F. Special Circumstances These procedures are not applicable when three (3) bids or proposals are unavailable, or if it is appropriate and in the best interest of the District under the specific circumstances, to limit the number of bids or proposals solicited. The basis for such action shall be documented in writing and approved by the General Manager or designee in his/her absence. When Board approval is required, the documented basis for such action shall be included in the report to the Board. G. Prequalified Consultant File When, after District staff has undertaken the selection procedures as set out in this Policy and determined that a consultant is qualified and competent in the performance of the professional services in the consultant’s category, District staff may maintain a current file of such consultants in their appropriate categories. For a period of four (4) years from determination of the qualification of such consultant, District staff may select such a prequalified consultant from the current file of prequalified consultants for the performance of professional services. IV. EXCEPTIONS TO STANDARD PURCHASING PROCEDURES A. Emergency Conditions An emergency is defined as a breakdown in machinery or equipment or a natural disaster resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to, threatened damage to natural resources. In the case of an emergency determined by the District, or federal, state, or other local jurisdictions requiring an immediate purchase, the General Manager or designee may authorize District staff to secure in the open market, at the lowest obtainable price, any services, supplies, material or labor required to respond to the emergency, regardless of the amount of the expenditure. The General Manager shall, as soon as possible, provide a full written explanation of the circumstances to the Board. Attachment 2 Board Policy 3.03 Page 6 of 9 In the case of a disaster or for civil defense, nothing contained in this Policy shall limit the authority of the General Manager to make purchases and take such other emergency steps as are, or may be, authorized by the Board. B. Limited Availability/Sole Source Occasionally, necessary supplies, materials, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a required and specific design or construction, or are for purposes of maintaining consistency and operational efficiency, so as to be available from only one source. After reasonable efforts to find alternative suppliers, the District may dispense with the requirement of competitive bids and recommend negotiating and making the purchase from the sole source. The basis for the sole source recommendation shall be documented in writing and approved, in advance, by the Board for purchases exceeding $50,000, and the General Manager or other authorized District employee, for purchases not exceeding $50,000. C. Cooperative Purchasing The District shall have the authority to join in cooperative purchasing agreements with other public agencies, (e.g., the State of California, counties, cities, schools, or other special districts), to purchase goods or services at a price established by that agency through a competitive bidding process. The General Manager or designee may authorize and execute such cooperative purchasing agreements. 1. Purchases Exceeding $50,000 The formal competitive bidding procedures of Section II.A. for purchases exceeding $50,000 are not required when the other public agency has secured a price through a formal, advertised competitive bidding process. Board approval is required prior to purchase. 2. Purchases Not Exceeding $50,000 The bidding procedures of Section II. B. for purchases not exceeding $50,000 are not required when the other public agency has secured a price through a competitive bidding process. Approval from the General Manager or designee is required prior to purchase. H. Open Purchase Orders for Routine and Repetitive Supplies and Services Open purchase orders may be entered into with vendors who are expected to supply routine services, supplies, materials or labor to the District on a regular basis throughout the fiscal year (such as gasoline, discing, road maintenance, vehicle maintenance, printing, office supplies and field hardware). Open purchase orders shall be closed at the conclusion of each fiscal year. Vendors of repetitive supplies and services shall be selected through the competitive bidding procedures set out in Section II, based upon the anticipated or budgeted cumulative cost of the supply or service. Where competitive bidding procedures cannot feasibly be used, a comparison of vendors’ prices will be made and staff will provide written documentation of the price Attachment 2 Board Policy 3.03 Page 7 of 9 quotations used to select the vendor with the lowest cost, pursuant to the Administrative Purchasing Policy/Procedure. Multi-year contracts can be entered into only when appropriate and necessary to secure the best pricing or assure continuity of service. An annual review of the services and prices provided shall be documented by District staff to assure that the vendor is meeting the District’s needs and expectations and remains at a competitive price. Whenever feasible, multi-year contracts for service or supplies shall provide that the option to renew or extend the contract is at the District’s sole discretion. I. Design Build Contracts Pursuant to Public Resources Code section 5580, upon approval by the Board, the design-build process (Public Contract Code sections 22160-22169) may be used to assign contracts for the construction of facilities or other buildings in the district. The minimum project limitation of one million dollars for design build projects set forth in the Public Contract Code does not apply to District design-build projects. A Conflict of Interest Policy for design-build contracts required by Public Contract Code section 22162 is included in the Board Design-Build Contracts - Conflicts of Interest Code (Board Policy 6.029). V. GENERAL PROVISIONS A. Conflict of Interest No District employee or official shall be financially interested, directly or indirectly, in any purchase, contract, sale, or transaction to which the District is a party and which comes before said official or employee for recommendation or action. Any purchase, contract, sale, or transaction in which any employee or official is or becomes financially interested shall become void at the election of the District. No employee or official shall realize any personal gain from any purchase, contract, sale, or transaction involving the District. More information can be found in Board Policy 6.02 – Conflict of Interest Code. B. Credit Cards The General Manager may approve the use of District credit cards for District purchases by authorized employees. Employees utilizing a credit card shall not exceed his/her purchasing authority, as authorized in this Policy and as delegated by the General Manager, unless prior approval is given by a supervisor with the appropriate purchasing authority. All card holders must follow the credit card procedures outlined in the Administrative Purchasing Policy/Procedure. District credit cards shall not be issued to individual members of the District Board of Directors. C. Purchase of Recycled Products District staff shall purchase recycled products whenever such products are available at equal cost to non-recycled products and when fitness and quality are equal. Attachment 2 Board Policy 3.03 Page 8 of 9 D. Violations of This Policy Employees are subject to disciplinary action up to and including termination for violation of this Policy. Attachment 2 Midpeninsula Regional Open Space District Board Policy Manual Design-Build Contracts – Conflicts of Interest Policy 6.09 Chapter 6 – General Effective Date: 01/24/18 Revised Date: N/A Prior Versions: N/A Board Policy 6.09 Page 1 of 1 Purpose The purpose of this policy is to establish guidelines, as required under California Public Contract Code section 22162 for a standard organizational conflict-of-interest policy, regarding the ability of a consultant (person or entity) to submit a proposal as a design-build entity or to join a design-build team (“Proposer”) for a design-build project procured pursuant to California Public Contract Code section 22160 et seq. Policy A consultant will not be allowed to participate as a Proposer or to join a design-build team in response to a design-build Request for Proposals (RFP) if any of the following circumstances are applicable: a. The consultant is the District’s general engineering, architectural or design consultant (hereinafter collectively referred to as “general design consultant”) to the subject design-build project. b. The consultant has assisted or is assisting the District in the management or procurement of the subject design-build project, including in the drafting or preparation of the Request for Qualifications (RFQ) or RFP language or evaluation criteria. c. The consultant has conducted preliminary design services for the subject design- build project such as engineering analysis, environmental analysis, feasibility studies, preliminary designs, conceptual layouts, or preparation of bridging documents. d. The consultant performed design work related to the subject design-build project. e. The consultant has performed work on a previous contract that specifically excludes them from participating as a Proposer or joining a design-build team for the subject design-build project. f. The consultant is under contract with any other entity to perform oversight on the subject design-build project after it has been awarded. g. Any circumstances that would violate California Government Code section 1090, et seq. Attachment 3