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HomeMy Public PortalAbout20180725 - Agenda Packet - Board of Directors (BOD) - 18-30 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, July 25, 2018 Special Meeting starts at 5:00 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency designated representatives: Ana Ruiz, Acting General Manager, Brian Malone, Acting Assistant General Manager, Jack Hughes, Liebert Cassidy Whitmore Employee organization: Field Employees Association ADJOURNMENT 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Grants Program Strategic Plan Update (R-18-86) Staff Contact: Melanie Askay, Grants Specialist General Manager’s Recommendation: Review the preliminary findings from the grants program audit, including feedback received from internal and external interviews, and provide input to guide the development of the Grants Program Strategic Plan and its related recommendations. No Board action required. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 18-30 Rev. 1/3/18 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 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 July 11, 2018 Minutes 2. Claims Report 3. Fiscal Year 2018-19 Annual Claims List (R-18-76) Staff Contact: Andrew Taylor, Finance Manager General Manager’s Recommendation: 1. Approve the Fiscal Year 2018-19 Annual Claims List, including debt service payments. 2. Adopt a resolution authorizing release of claim payments over $50,000 by the Controller or designee. 4. Award of a Multi-Year Contract to GEOCON Consultants, Inc., for Environmental Services at Bear Creek Redwoods Open Space Preserve to Investigate, Characterize, and Develop Remedial Actions Related to Former Disposal Site (R-18-87) Staff Contact: Matt Baldzikowski, Senior Resource Management Specialist, Natural Resources General Manager’s Recommendation: 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a professional services contract with GEOCON Consultants, Inc., of Rancho Cordova, California to provide environmental services at Bear Creek Redwoods Open Space Preserve in Fiscal Year (FY) 2018-19 through FY2020-21 for a base contract amount of $47,725. 3. Authorize a 15% contingency of $7,158 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $54,883. 5. Contract Amendment for Legal Services (R-18-89) Staff Contact: Hilary Stevenson, General Counsel General Manager’s Recommendation: Authorize the General Manager to amend the contract with Gary Baum, Esq., for an additional $75,000 to provide extended legal services during the recruitment and onboarding of the Assistant General Counsel position, for a total amount not to exceed $225,000. 6. Consideration of District position on AB 2614 (Carrillo): Outdoor experiences: community access program (as Amended July 3, 2018) (R-18-88) Rev. 1/3/18 Staff Contact: Joshua Hugg, Governmental Affairs Specialist General Manager’s Recommendation: Support AB 2614 (Carrillo) as amended. 7. Award of Contract for State and Federal Waters Environmental Permitting Services (R-18- 90) Staff Contact: Aaron Hébert, Water Resources Specialist General Manager’s Recommendation: 1. Authorize the General Manager to enter into a contract with Horizon Water and Environment, LLC., to provide state and federal waters environmental permitting services in an amount not to exceed $93,209. 2. Authorize a 7% contingency of $6,525, to be awarded only if necessary, to cover unanticipated issues, for a total contract amount not to exceed $99,734. 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. 8. Measure AA Bond Oversight Committee Appointments (R-18-93) Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager General Manager’s Recommendation: Select and appoint the members to serve on the Measure AA Bond Oversight Committee for the three vacant positions from the candidates listed in the staff report. 9. Update to the Resource Management Policies, Water Resources Section (R-18-92) Staff Contact: Aaron Hébert, Water Resources Specialist General Manager’s Recommendation: Approve the proposed revisions to the Water Resources policy section of the Water Resources Policy, as unanimously recommended by the Planning and Natural Resources Committee. INFORMATIONAL MEMORANDUM • Administrative Office Remodel Project Design Team Selection Timeline and Process • Alma College Cultural Landscape Rehabilitation Project • State Legislative Update 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 Rev. 1/3/18 *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 July 20, 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 R-18-86 Meeting 18-30 July 25, 2018 STUDY SESSION AGENDA ITEM 1 AGENDA ITEM Grants Program Strategic Plan Update GENERAL MANAGER’S RECOMMENDATIONS Review the preliminary findings from the grants program audit, including feedback received from internal and external interviews, and provide input to guide the development of the Grants Program Strategic Plan and its related recommendations. No Board action required. SUMMARY The Grants Program is currently undergoing a strategic planning process, the outcome of which will be a comprehensive three to five year vision and action plan for the Grants Program. The goals for the plan are to increase grant funding and the ability to leverage existing funds, fully embed the Grants Program into the organizational culture, integrate grant work into program and project schedules, ensure staff are well trained and able to respond to grant cycles, and expand the District’s partnerships and collaborations to proactively create new funding opportunities. District consultants have completed a Grants Program Audit and a series of internal and external interviews to better understand how the District can improve and grow the Grants Program. The research findings and Board input will inform the development of the Grants Program Strategic Plan. DISCUSSION The Grants Program is currently undergoing a strategic planning process, the outcome of which will be a comprehensive three to five year vision for the Grants Program. The goals are to build a well-defined vision and action plan for the Program that: • Increases public and private grant funding; • Increases the ability for the District to leverage funds; • Embeds the value and importance of the Grants Program in supporting the District’s long-term financial success across all levels of the organization; • Strengthens each staff member’s skills and individual role in the Grants Program while ensuring adequate time to secure grants is built into future project plans; and • Expands the District’s funding partnerships and collaborations while honoring existing partner relationships with outside funders. R-18-86 Page 2 Strategic Planning Process To assist with strategy development, the District retained the services of Tina Stott, of Stott Planning Associates and Donna Fletcher of Mission Driven. The strategic planning process began in April 2018 with the formation of a Project Team to oversee progress and provide input. The Project Team includes Grants Specialist Melanie Askay, Acting Assistant General Managers Christine Butterfield and Brian Malone, and Chief Financial Officer Stefan Jaskulak. Early research work included a review of background information, interviews with the District General Manager, Assistant General Managers, and departmental teams, and external interviews with the Grants Program staff from other agencies and nonprofit organizations. The findings from this research and the interviews, as well an input received from the Board at the July 25 Study Session, will inform the development of the Grants Program Strategic Plan, which will include recommended policies, a program structure, procedures, and implementation tasks. Audit Summary and Preliminary Findings Below is a summary of the process and preliminary findings of the Grants Program audit, which the Board will review in more detail on July 25. Grants Program Audit Audit process: The project consultants, Tina Stott and Donna Fletcher, prepared the Grants Program audit from a review of all existing grants-related systems, procedures, and workflows, as well as from the departmental interviews. The review included historical grants information in addition to processes that the Grants Specialist instituted after arriving at the District. Audit findings: • Historically, grants make up between 0 and 5% of the District’s revenue. • The Fiscal Year 2018-19 Budget includes a projected grant income of $1,042,040 for Measure AA projects (2% of the 2018-19 total revenue). • Grants secured from 1989 to 2010 for acquisition and development, resource management, and restoration equaled $50,030,242. • Between 2012 and 2018, grant revenue fluctuated significantly from $0 to $1,949,500, averaging $1,200,000 annually. • Since the passage of Measure AA in June 2014, and prior to the formation of a dedicated Grants Program in January 2017, grant revenue dropped, averaging approximately $500,000 per year with records showing no grants received in 2014-15 and 2016-17. • In FY2017-18, since the establishment of the Grants Program, the total dollar amount of grants received has exceeded grants received in any of the prior five years. In 2017, grant income totaled $1,050,000. So far in 2018, the District has secured $899,500 in grant income. Prior to 2016 and the hiring of a new Grants Specialist, departmental program staff identified, wrote, and managed grants. They took the lead for identifying and selecting which grants to pursue, with management oversight and input. The District hired a Grants Specialist in late 2016. In the first 18 months of the job, the Grants Specialist developed numerous workflows, reports, and written procedures as resource tools for the grants program and worked closely with staff to establish communication channels and define the Grants Specialist’s support role in securing and R-18-86 Page 3 tracking grants. The Grants Specialist works collaboratively with project staff to apply for grants, and manages the District’s grant-making program and grant tracking system. Internal Interviews and Findings The stakeholder input process involved gathering information from District management and each department. Internal stakeholders were asked about the existing Grants Program – its successes and challenges, and their department’s roles and responsibilities. They also provided recommendations for the Grants Program Strategy. Attachment 1 summarizes the findings from these interviews. External Interviews External interviews focused on how similar public agencies and non-profits organize grant processes and divide roles and responsibilities. Tina Stott conducted thirteen external interviews in June 2018. Interviewees included managers of both grant-seeking and grant-making programs, representatives of agencies, nonprofits and foundations, and representatives from two of the District’s legislative consultants. The themes fell into three overarching categories – the Roles of the Grants Specialist, the Design of the Grants Program, and Implementation of the Grants Strategy. Attachment 1 discusses these themes in detail. Strategic Plan Input received from the Board on July 25, the audit, and the information obtained from the internal and external stakeholder interviews represent the foundation for developing an effective District-wide Grants Program Strategic Plan. The final strategy will also build upon the procedures already developed by the Grants Specialist, address challenges and gaps identified to date, and incorporate ideas and best practices obtained from the prior research. FISCAL IMPACT There is no fiscal impact associated with this report. A positive fiscal impact is expected once the Grants Program Strategic Plan is finalized and implemented to further the District’s success in securing outside grants and partnerships to fulfill its mission and Measure AA commitments. BOARD COMMITTEE REVIEW The full Board is reviewing this item at a Study Session to solicit Board input to inform the development of the District-wide Grants Program Strategic Plan. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. R-18-86 Page 4 NEXT STEPS Board input received on July 25, as well as the findings from the Grants Program Audit and internal and external interviews, will inform the development of the Grants Program Strategic Plan. The Board will review the final draft of the Grants Program Strategic Plan on September 26, 2018. ATTACHMENTS 1. Summary Memo Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Melanie Askay, Grants Specialist Midpeninsula Regional Open Space District GRANTS PROGRAM STRATEGY Key Findings Summary: Grants Program Audit Departmental Interviews External Grant Program Interviews 10 July 2018 CONTENTS Introduction ...................................................................................................................................................................................... 2 Purpose of this Document ......................................................................................................................................................................... 2 Grants Program Audit Findings .......................................................................................................................................................... 2 Context ....................................................................................................................................................................................................... 2 Audit Findings ............................................................................................................................................................................................ 3 Audit Finding 1: The District has been successful in obtaining grants in the past. ........................................................................... 3 Audit Finding 2: Between 2010 and 2018 grants were not well-tracked, making reporting on grant success difficult. .................. 3 Audit Finding 3: Since the passage of Measure AA through the end of FY2016-17, grant revenue dropped. ................................. 3 Audit Finding 4: District priorities for potential grant funding are articulated in the Vision Plan & the 25 Measure AA Projects. .. 3 Audit Finding 5: Establishing and integrating the Grants Program has been a complex process. .................................................... 4 Audit Finding 6: The Grants Specialist has created new processes and procedures to allow the Grants Program to function. ...... 4 Audit Finding 7: The Grant Specialist’s interface with project staff could be expanded. ................................................................. 4 Audit Finding 8: Since the establishment of the Grants Program, there has been an increase in grants applied for & received. ... 5 Audit Finding 9: As the Grants Program becomes established, the Grant Specialist will increase grant-seeking. ........................... 5 Departmental Interview Findings ...................................................................................................................................................... 5 Internal Stakeholder Input Process ............................................................................................................................................................ 5 Management Team Hopes and Concerns for the Grants Strategy ............................................................................................................ 5 Key Internal Interview Findings ................................................................................................................................................................. 6 Interview Finding 1. The addition of a Grants Specialist has improved the grants process.............................................................. 6 Interview Finding 2. Staff have concerns about the grants process based upon experience with prior grants. .............................. 6 Interview Finding 3. Larger organizational issues need to be considered in Strategy development. ............................................... 6 Interview Finding 4. A clear process for information sharing and communication is needed. ......................................................... 7 Interview Finding 5. The Grants Specialist should be engaged in the budget development process. .............................................. 7 Interview Finding 6. The Strategy needs to refine decision-making about suitable grant funded projects. .................................... 7 Interview Finding 7. The District needs to develop an approach to secure funding from Prop 68. ................................................. 8 Interview Finding 8. Grants should be the right fit for the organization in terms of size, time and type. ........................................ 8 Interview Finding 9. An effective strategy should include a variety of essential elements. ............................................................. 8 Interview Finding 10. The District needs a clearly articulated partnership strategy. ....................................................................... 8 External Grant Program Interview Findings ....................................................................................................................................... 9 Introduction ............................................................................................................................................................................................... 9 The Role of the Grants Specialist ............................................................................................................................................................... 9 The Design of the Grants Program ........................................................................................................................................................... 10 Implementation of the Grants Program .................................................................................................................................................. 10 Developing a Strategy for Seeking Prop 68 Funding ................................................................................................................................ 10 Conclusion ....................................................................................................................................................................................... 10 Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 2 INTRODUCTION Purpose of this Document This document contains a summary of the findings from three separate investigations: • The Grants Program Audit. The findings derived from reviewing current systems, policies, protocols and practices. The Audit serves as the baseline for understanding the current grants program. • Departmental Interview Findings. A summary of the key themes and findings gleaned from interviews with District staff. • External Grant Program Interview Findings. Findings from the interviews with other agency and nonprofit grant programs and lessons that can be applied to the District’s grants strategy. The findings from the above investigations will inform the recommendations contained in the Grants Program Strategy. During the coming weeks, the Project and Management Teams will review and validate the findings of this memo, discuss the implications for the upcoming Grants Program Strategy, and confirm whether the direction suggested by these findings is the desired one. Mel Askay, the District’s Grants Specialist, was the primary contact for the consultant team, providing leadership, coordination and information. This has been a significant undertaking on her part and the consultants appreciate her responsiveness in providing information and contacts in a timely and thorough manner. GRANTS PROGRAM AUDIT FINDINGS The Grants Program Audit was developed through a comprehensive review of existing systems, procedures and workflows as well as findings from the departmental interviews (see page 8). The Audit provides the baseline for understanding the current Grants Program and highlights issues to be resolved within the final grants strategy. Context The District has experienced, and continues to experience, tremendous change and growth during the last few years, beginning in March 2014 with Measure AA’s passage, and the attendant increase in the number of staff, and changes in executive leadership. During the development of this audit, the permanent General Manager was not yet selected and two Acting Assistant General Managers served on the Project Team alongside the CFO who has been in this role since he was hired. “Acting” leadership at both the General Manager and Assistant General Manager level can create some uncertainty regarding roles, levels of responsibility and authority. In addition, with Measure AA’s passage, the 25 projects that formed the rationale for the bond became grant-making priorities. However, there were and are additional projects included in the Vision Plan that are also priorities. A common theme expressed by staff is that it feels tremendous stress to deliver on all priorities while integrating almost 25 new staff into the organization that have been hired in the last three years. Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 3 Audit Findings Audit Finding 1: The District has been successful in obtaining grants in the past. Prior to 2016 and the establishment of the new GS position, departmental program staff identified, wrote and managed grants. They were responsible for setting their own priorities (with management oversight and input) for what grants were pursued. Grants secured from 1989-2010 for acquisition and development, resource management, and restoration equaled $50,030,242. Grants received during this time period were tracked in an Excel spreadsheet but tracking appears to have stopped in 2010. Audit Finding 2: Between 2010 and 2018 grants were not well-tracked, making reporting on grant success difficult. Grants received since 2010 have not been consistently tracked in an Excel spreadsheet or database but it appears that, for the period between 2012 and 2018, grants received average about $1,200,000 per year as indicated in the table below. Data was compiled based upon review of past audited financial statements, annual reports, annual Budget and Action Plan documents, Board resolutions and departmental files. Since FY2012-13, grants have accounted for between 0% and 5% of annual District revenue as illustrated below. Year Total Grant Dollars Awarded Annual Revenue Percent of Annual Revenue 2012-13 (FY ending March 31, 2013) $1,600,000 $37,039,943 4% 2013-14 (FY ending March 31, 2014) $1,788,970 $36,075,503 5% 2014-15 (FY ending March 31, 2015) $0 $37,889,177 0% 2015-16 (FY ending March 31, 2016) $1,484,650 $49,268,105 3% 2016-17 (FY ending June 30, 2017) $0 $47,237,872 0% 2017-18 (To Date) $1,949,500 (approximate) $50,576,653 (budgeted) 4% Audit Finding 3: Since the passage of Measure AA through the end of FY2016-17, grant revenue dropped but FY2017-18 shows grant revenue increasing with the establishment of the Grants Program. Since the passage of Measure AA in June 2014, and prior to the Grants Program being created in January 2017, grant revenue has dropped. Annual grant revenue for 2014 through 2017 averages approximately $500,000 per year as records indicate that no grants were received in 2014-15 and in 2016-17. This drop is presumably due to staff being focused primarily on Measure AA project delivery. In FY2017-18, since the establishment of the Grants Program, the total dollar amount of grants received has exceeded grants received in any of the prior five years. This may be due to increased grant-seeking activity and/or a combination of better tracking and/or advantageous timing of grant income. Audit Finding 4: District priorities for potential grant funding are articulated in the Vision Plan and the 25 Measure AA Projects. The District’s priorities are articulated in the Vision Plan and the 25 Measure AA projects. On an annual basis, projects identified in the aforementioned documents are broken down and detailed in the Budget and Action Plan. The budget and action plan are developed over a six-month period by staff and Board Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 4 and establish the District’s project priorities for the coming one and three years and therefore, dictate the broadest priorities for grant funding. These projects will influence the GS’s grant-seeking priorities for the coming year. The challenge is to determine which of these priority projects are most suitable for grant funding Audit Finding 5: Establishing and integrating the Grants Program has been a complex process. The GS was hired in January 2017. This is a completely new position at the District. While the GS had experience working in a grant-giving role at the S. D. Bechtel, Jr. Foundation, she has never held a grant- seeking role in a nonprofit or an agency. So both the GS and the District have experienced significant learning curves as they try to integrate this new role into the complex world of the District during a time of change and leadership flux. Audit Finding 6: The Grants Specialist has created new processes and procedures to allow the Grants Program to function. In the first 18 months of this new job, the GS has developed numerous workflows, reports, and written procedures that both document how she is doing the job and inform others so that they could better understand how to engage with this new role. In addition to developing processes and procedures, the GS has also worked collaboratively with project staff to apply for grants, and has taken on management of the District’s grant-making program. The GS has dissected the District’s internal communication systems, developed a logical system for seeking grants and created the communication vehicles to inform staff about these systems. These systems include detailed workflows and identifying existing and new ways to gather information about projects that could/would require funding. She has had to develop both the formal and informal systems for keeping and being informed. Processes and procedures developed by the GS over the past 18 months to support the grants program include: • Defining and conveying the goals and desired outcomes of the District’s grants program to the Board and staff. • Development of GS and staff roles related to grant seeking. • Development of grant selection criteria. • Development of grant program fact sheets. • Establishment of the Amplifund grants tracking database. • Development of a grant opportunity database. • Development of communication channels between project staff and GS to learn about new and ongoing projects. • Development of grants workflow diagrams illustrating roles and responsibilities related to grant identification, application, acceptance, monitoring, reimbursement and amendment. Audit Finding 7: The Grant Specialist’s interface with project staff could be expanded. As a new role within the District, the grants program is seen by some staff as another newly added priority, with a workload component that can sometimes be seen as onerous and of questionable value. With the establishment of the GS position, some program staff expressed concern that it adds another layer of complexity to developing grants as they need to coordinate their efforts with the GS, including educating her about their work and the specific projects that require funding. Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 5 What became apparent during the audit is that the GS had not participated in many of the regular, established meetings that were the District’s method of setting priorities, sharing information, and changing action plans and budgets. This is likely due to the program and the position being new to the District and the GS not having a clear understanding of which meetings were most important to attend. Not participating in these meetings meant that the GS was operating with less than complete information and her work was perceived by some as an addition to the already overflowing priorities and responsibilities of project staff. Through the interviews conducted during the planning process, management and project staff identified important existing channels of communication that would allow for seamless incorporation of the GS into the project work thereby reducing redundancy and increasing the effectiveness and integration of the grants program and the GS’s role within the District. However, what is not yet established is internal agreement and acceptance of the priority that grant seeking should assume in terms of staff time and attention. Audit Finding 8: Since the establishment of the Grants Program, there has been an increase in grants applied for and received. In the past 18-months, the GS has worked closely with project managers to submit nine grants of which five were received totaling approximately $2,200,000. The District also assisted partner agencies in developing two proposals for projects where the District will be a beneficiary. Audit Finding 9: As the Grants Program becomes established, the Grant Specialist will have more time to devote to grant-seeking. The GS prepared an overview of the percent of time she has spent and expects to spend on various grant-related duties. This time audit indicates that the GS’ areas of focus have changed over the past year and one half. Early on, the majority of her time was spent clarifying and defining the grants program; currently her time is focused on guiding the Grants Program Strategy to its completion. Future roles will likely be focused on identification of grant opportunities, coordination with project staff, and writing and administering grants. With the passage of Prop 68, effort will need to be focused on identifying and seeking grants from this pot of funding in order to secure as much funding as possible. Ideas for how to grow and deploy additional resources will be included in the Grants Program Strategy, informed by information gleaned from the case studies about how other nonprofit and public agencies have grown their grants programs. DEPARTMENTAL INTERVIEW FINDINGS Internal Stakeholder Input Process The stakeholder input process involved gathering information from District management as well as from each District department. Internal stakeholders were asked about the existing Grants Program – its successes and challenges and their department’s roles and responsibilities. They also provided their recommendations for the Grants Program Strategy Management Team Hopes and Concerns for the Grants Strategy At its meeting on April 26, 2018, the Management Team was given a briefing on the Grants Program Strategy including goals, timeline and the roles of their team. Each attendee was asked about their Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 6 hopes and concerns about the strategy. Most of the themes below came up again in the departmental interviews and are expanded upon in the next section. • Improve efficiencies and develop a clear process • Ensure realistic timelines and consider staff capacity • Understand grant funding needs • Understand grant requirements in advance to evaluate return on investment and the compliance issues inherent in each grant. Key Internal Interview Findings Ten findings emerged from the interviews that will help define and structure an effective and efficient Grants Program. Interview Finding 1. The addition of a Grants Specialist has improved the grants process. Filling the newly created GS position has resulted in improvements to the way grants are handled at the District. Some respondents felt that the GS would be more effective if the position was located differently within the organization or if there was a different reporting structure for the position. Others felt that housing the position in Administrative Services, reporting to the CFO, was the appropriate location for efficiency and ensuring that financial considerations are at the forefront. Interview Finding 2. Staff have concerns about the grants process based upon experience with prior grants. • The District has applied for and received numerous grants in the past – mostly for acquisition and capital projects. Prior to the hiring of the GS, each department was responsible for identifying, applying for and tracking its own grants and is now accustomed to these roles, despite concerns with the amount of work this takes. Staff experiences with past grants and procedures (or lack thereof) have led to a number of concerns about the Grants Program including what should be avoided. Grants should not drive projects. • The Grants Program will require more time from staff. • Grant tracking and reporting is costly and time-consuming; some grants should not be pursued because of this. The process for those that are pursued needs to be clarified and streamlined. • The Grants Program should avoid competing for funding with partner agencies, and instead collaborate on joint grant applications if possible. • We are too well-funded to be competitive. Interview Finding 3. Larger organizational issues need to be considered in Strategy development. Every interview included some discussion of the District’s work environment. Some of the most frequently mentioned challenges included staff turnover, the rapid growth of the organization due to Measure AA, staff being at or beyond capacity, and the challenge of not having permanent leadership. One person noted that The District is in a transition period. Project staff noted that project timelines are much shorter than they used to be. This not only poses a challenge for staff needing to meet deadlines but was also perceived to be a challenge for seeking grants. Interviewees noted that it is difficult to find grant funding quickly enough to meet the project Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 7 schedule and conversely, if funding is found, it may cause a delay in project completion. Some felt that if grants were considered in the budgeting process it could provide a reason for extending a project’s schedule. Interview Finding 4. A clear process for information sharing and communication is needed. Every group interviewed noted that a significant challenge in developing the Strategy is developing a clear, consistent process for sharing information. Information sharing poses a two-way challenge. Project staff noted that it is hard to know enough about potential grant opportunities and the types of projects that might fit with certain grants. Conversely, project staff also noted that is important for the GS to clearly understand each project and the work programs of each department. In order for both the GS and project staff to become more aware of grants and projects, most interviewees felt that it was very important for the GS to attend departmental and Project Management meetings on a regular basis (monthly, bi-monthly, quarterly) to discuss current projects and possible grant funding opportunities. Interview Finding 5. The Grants Specialist should be engaged in the budget development process. The annual budget development process establishes priorities for the coming year. The process includes project review and scoping, and development of a capital improvement and action plan and a supporting budget. The process includes extensive Board involvement with the final result of the six- month process being development of the upcoming fiscal year's operating budget and a three-year Capital Improvement and Action Plan. The GS has not been a part of this process, however, interviewees noted that this is the most important place for the GS to be engaged. The action plan and budget meetings are where projects are defined, budgets are developed, and funding needs become clear. Participation by the GS would allow her to build an understanding of the coming year’s project priorities and allow her to focus her grant identification on the District’s current priorities well before the beginning of the current budget year. It would also elevate the importance of the Grants Program in the eyes of the Board and staff. Some interviewees felt that embedding the GS into the budget development process could help extend project timelines by adding lead time to identify and seek grants. However, the Budget and CIAP development process sets focused priorities for the coming year. Grants are only considered in the one year budget if the funds have already been secured. Currently, the three-year projections are not as accurate as the one-year projections and therefore identification of grant funding three years in the future is speculative and serves as a placeholder for potential funding rather than an assured future funding source. Interview Finding 6. The Strategy needs to refine decision-making about suitable grant funded projects. Most interview respondents noted that the projects for which the District seeks grant funding need to be supportive of the mission – this has not always been the case with grant funded projects in the past. They noted that the priority projects for grant funding are the 54 projects in the Vision Plan, including the 25 Measure AA projects. Beyond this many respondents noted that the annual budget and the three year Action Plan provided even more detail about the District’s priorities and that these should be the grant program’s overall priorities but that the biggest challenge is narrowing the budget and action plan priorities down to a few Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 8 key grant funded projects. Several interviewees noted that the challenge the District will face related to securing grant funding when the majority of Measure AA projects are completed and there is an enormous need for operational funding. Interview Finding 7. The District needs to develop an approach to secure funding from Prop 68. Several interviewees noted the importance of positioning the District early to develop partnerships and seek Prop 68 funding. We need to develop a high level list of projects, identify potential partners and begin to work on building those partnerships. Potential projects identified include Cloverdale Ranch and San Jose Water. Interview Finding 8. Grants should be the right fit for the organization in terms of size, time and type. Interviewees had many cautions about The District getting involved in grants that had so many requirements that the grant wasn’t worth pursuing. There has been some experience with grants of this type where early research into grant requirements was lacking and the District ended up with a grant that felt like it cost more than it was worth. Several observations emerged from the interviews that could help set criteria for whether a grant is worth pursuing: • Size of the grant • Restrictions and reporting requirements and overall time commitment • Type of grant • Avoiding competition with partners and seek opportunities to collaborate on joint applications Interview Finding 9. An effective strategy should include a variety of essential elements. There were many suggestions regarding how to develop an effective strategy including articulating an annual vision and goals, developing criteria for selecting grants, establishing a pre-application review process to understand the grant requirements, ensuring that the structure of the grant program considers staff roles and responsibilities, and defining key implementation strategies and measures of success. Some of these elements have already been developed by the GS and need to be codified in the Grants Program Strategy. • Develop a Grants Program vision and annual goals and targets • Develop criteria and guidelines • Initiate a pre-application review and approval process • Build on internal opportunities and efficiencies • Define staff roles and responsibilities • Add external subject matter experts • Define the Grants Program structure • Build upon and communicate broadly the Board’s support for the Grants Program and strategy • Clarify Strategy implementation • Define measures of success Interview Finding 10. The District needs a clearly articulated partnership strategy. In the District’s 2018-19 Budget and Action Plan, the Grants Program is described as focusing on “increasing grant funding for the District and deepening its relationships with external partners”. Interviewees noted that although partnership is a value of the District, a formal process hasn’t been Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 9 developed to put it into action. The Grants Program Strategy can lay the groundwork but a partnership strategy is distinct from a Grants Program Strategy. Currently the deepest relationships are those between staff and their counterparts at other agencies and organizations in the region. These relationships are generally based upon common project/program interests. These relationships are generally longstanding and occur at the staff and management levels. Some interviewees stated that the District needs a more formalized partnership strategy, noting that there is an unspoken protocol that moves a relationship to a partnership. Staff members at all levels generally interact with their peers in partner organizations. Although there is no formal strategy, staff members know they do not have the authority to establish a formal partnership involving joint work and/or funding. If a relationship appears to be developing into a material partnership, staff members need to elevate the relationship to management staff, the GM and potentially the Board. Several interviewees made a distinction between project partners and funders, and the implications for the Grants Program Strategy. Some noted that, although it isn’t the role of the GS to maintain and steward these functional relationships, it is important that there is a process to feed any information that is relevant to the Grants Program back to the GS. The District’s grant-making program (Small Grants Program) provides up to five grants of $50,000 each annually. This program will be a key element in the District’s ability to work with non-traditional and new partners. EXTERNAL GRANT PROGRAM INTERVIEW FINDINGS Introduction Thirteen interviews were conducted in June 2018 with a variety of individuals involved in their organization’s grant programs. Interviewees included managers of both grant-seeking and grant-making programs, representatives of agencies, nonprofits and foundations, and representatives of two of the District’s contract lobbyists. Several items emerged as essential elements of a successful grants program, regardless of structure, staff and support. The themes fall into three overarching categories – The Roles of the Grants Specialist, The Design of the Grants Program, and Implementation of the Grants Strategy. These themes are closely interwoven and interdependent. The Role of the Grants Specialist Interviewees noted five key roles the grant specialist must play: • Understanding the projects • Ensuring regular internal communications • Conveying grant opportunities • Serving the project staff • Building strong internal relationships Midpeninsula Regional Open Space District | FINAL Key Findings Summary (7.10.18) Page 10 The Design of the Grants Program In response to questions regarding what works well with their Grants Programs, what they wished was a component of their Grants Program and the advice they would offer to the District as it develops its Grants Program Strategy, interviewees noted that there were five key components to designing a successful Grants Program: • Well-defined roles and responsibilities for the GS and the project staff • Right-sized administrative support for the Grants Program • A dedicated system for grants tracking • A method of identifying project priorities • A method for making go/no go decisions on specific grants that includes project attractiveness and readiness Implementation of the Grants Program In terms of implementing the Grants Program, interviewees encouraged the development of procedures for rolling out the Grants Program within the District and securing support for the program at all levels. They also noted that: • The Grants Program must evolve and change in response to evaluation. • Direction for the Grants Program needs to come from the top. • Realistic expectations need to be set for what the program can achieve. Developing a Strategy for Seeking Prop 68 Funding One of the District’s lobbyists defined the strategy that the District needs to follow to be competitive for Prop 68 funding. Steps include: • Identify two categories of projects/programs - those that are highest priority for the District and those that are less of a top priority but that can help the lobbyist be aware of them as there may be funding appropriate to these projects, even though they aren’t the top priority. • Lay out how much money we need and by when. Identify each project, its cost, our local match, any other funding, and timing. • Establish meetings with our lobbyists and the state agencies to build awareness of projects and priorities and funding needs. • Engage in the agency meetings where the Prop 68 grant guidelines are being developed. CONCLUSION The audit, and information obtained from the internal stakeholder interviews and external interviews with other grants programs represent the foundation for developing an effective grants strategy that is endorsed District-wide. The Strategy will build upon the procedures already developed by the GS, address internal stakeholder concerns and incorporate ideas and best practices obtained from the external interviews. July 11, 2018 Board Meeting 18-28 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, July 11, 2018 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Cyr called the special meeting of the Midpeninsula Regional Open Space District to order at 5:15 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Pete Siemens, and Curt Riffle Members Absent: Nonette Hanko Staff Present: General Manager Ana Ruiz, Acting General Counsel Hilary Stevenson, Real Property Manager Mike Williams Public comments opened at 5:15 p.m. No speakers present. Public comments closed at 5:15 p.m. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. (Government Code Section 54956.9(d)(1)) Name of Case: Burkhart v. Midpeninsula Regional Open Space District; Santa Clara County Superior Court Case Number 18CV329767. ADJOURNMENT President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 5:49 p.m. Meeting 18-28 Page 2 SPECIAL MEETING – STUDY SESSION President Cyr called the special meeting of the Midpeninsula Regional Open Space District to order at 6:00 p.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Pete Siemens, and Curt Riffle Members Absent: Nonette Hanko Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, District Clerk/Assistant to the General Manager Jennifer Woodworth 1. Measure AA Bond Oversight Committee Interviews No Board action required. ADJOURNMENT President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:00 p.m. REGULAR MEETING President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:02 p.m. President Cyr reported the Board met in closed session. Acting General Counsel Hilary Stevenson reported that in closed session the Board gave approval to legal counsel to defend the District in litigation. The case is Burkhart v. Midpeninsula Regional Open Space District filed in Santa Clara County Superior Court, and the substance of the litigation is a complaint for inverse condemnation, and complaint for damages for breach of easement. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Pete Siemens, and Curt Riffle Members Absent: None Staff Present: General Manager Ana Ruiz, Acting General Counsel Hilary Stevenson, Acting Assistant General Manager Brian Malone, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Real Property Manager Mike Williams, Real Property Agent II Iain Reilly, Meeting 18-28 Page 3 Acting Land & Facilities Manager Michael Jurich, Management Analyst II Deborah Bazar, Property Management Specialist II Susan Weidemann, Finance Manager Andrew Taylor, Human Resources Manager Candice Basnight, Natural Resources Manager Kirk Lenington, and Senior Resource Management Specialist Coty Sifuentes-Winter ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Hassett seconded the motion to adopt the agenda. VOTE: 7-0-0 SPECIAL ORDERS OF THE DAY • Pledge of Allegiance • Introduction of staff o Tom Reyes, Integrated Pest Management Coordinator o Sophie Christel, Planner I o Aaron Peth, Planner II o Loana Rich, Administrative Assistant o Audrey Paras, Administrative Assistant o Luke Mulhall, Administrative Assistant CONSENT CALENDAR Public comment opened at 7:15 p.m. Danny Chambers requested additional information regarding Item 5. Public comment closed at 7:17 p.m. Motion: Director Harris moved, and Director Riffle seconded the motion to approve the Consent Calendar, with the exception of Item 5. VOTE: 7-0-0 1. Approve June 27, 2018 Minutes 2. Claims Report 3. Extension to the American Tower L.P. License Agreement for Continued Use of Coyote Peak Radio Tower (R-18-78) General Manager’s Recommendation: Authorize the General Manager to approve a five-year extension of an existing license agreement with American Tower, L.P., with three additional Meeting 18-28 Page 4 renewal periods of five years each, totaling twenty years, for continued use of the Coyote Peak Radio Tower. The cost for the first year of the license agreement will be $23,187.36 (August 1, 2018 to July 31, 2019), with an annual escalator of 3% effective each August 1 during the extension term and all renewal terms. 4. October Farm Grazing Lease at Purisima Creek Redwoods Open Space Preserve (R-18-79) General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to enter into a five-year grazing lease with one five-year extension, with Doug Edwards, at October Farm in the Purisima Creek Redwoods Open Space Preserve. Director Riffle spoke in support of the General Manager’s recommendation. 5. Proposed Agreement to Exchange Interests in Real Property between Eben and Carol Haber (Haber) and the Midpeninsula Regional Open Space District to obtain access easements for properties located along Charcoal Road in unincorporated Santa Clara County (APNs: 351-15-033 & 351-15-007), at Saratoga Gap Open Space Preserve requiring a unanimous vote of the Board of Directors (R-18-60) Real Property Manager Mike Williams explained the proposed Board action formalizes patrol use of the easement through the Haber land, which has been informally used for 40 years. Mr. Chambers explained he owned property near upper Charcoal Road and reported a former neighbor illegally driving on his property. Mr. Williams described the location on the proposed easement and explained District use of the road was suspended until the easement was formalized. Mr. Chambers stated he did not want the proposed Board action to impact his access to Charcoal Road or his property. Mr. Williams stated he would speak to Mr. Chambers about his issue further following Board action. Mr. Chambers suggested Santa Clara County or other entities might be interested in developing land near Charcoal Road. Mr. Williams reported he knows of no interest in developing the land near Upper Stevens Creek Park by the District or Santa Clara County Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve the General Manager’s recommendation. VOTE: 7-0-0 General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the report. Meeting 18-28 Page 5 2. By a unanimous vote of the Board of Directors, adopt a resolution authorizing the Agreement to Exchange Interests in Real Property between the District and Haber. 3. Adopt the Preliminary Use and Management Plan for the Exchange Property. 4. Withhold dedication of the Exchange Property as public open space at this time. 6. Establishing Fiscal Year 2018-2019 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A, Series 2015B and Series 2018 (R- 18-78) General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to establish an ad valorem property tax levy of $1.80 per $100,000 (or $0.0018 per $100) in assessed value for the General Obligation Bonds – Series 2015A,Series 2015B and Series 2018 (Measure AA). BOARD BUSINESS 7. Approval of the General Counsel’s Employment Agreement (R-18-77) Public comments opened at 7: 37 p.m. No speakers present. Public comments closed at 7:37 p.m. Directors Riffle, Kishimoto, and Cyr spoke in favor of the General Manager’s recommendation commenting on the search process and the high quality of the candidates. Motion: Director Siemens moved, and Director Hassett seconded the motion to: 1. Appoint Hilary Stevenson as the General Counsel for Midpeninsula Regional Open Space District effective July 11, 2018. 2. Adopt a resolution approving the General Counsel’s Employment Agreement. VOTE: 7-0-0 General Counsel Hilary Stevenson thanked the Board for their comments and shared her enthusiasm for continuing to work at the District with its Board and staff. 8. Annual Integrated Pest Management Report for Calendar Year (R-18-81) Senior Resource Management Specialist Coty Sifuentes-Winter presented the third year of pest management activities as governed by the integrated pest management program, which was established in 2014. Mr. Sifuentes-Winter summarized pest problems, including flora and fauna, summary of pest control treatments and their effectiveness, and pesticide use. Pest problems are addressed by three departments: Natural Resources, Land & Facilities, and Visitor Services. In addition to staff time, volunteers and District contractors also participate in pest management practices, such as hand pulling, mowing, herbicide, cutting, etc. Mr. Sifuentes-Winter highlighted pest management activities at Bear Creek Redwoods and described the effectiveness Meeting 18-28 Page 6 of the District’s pest control program there. Finally, Mr. Sifuentes-Winter described pesticide use on District land and next steps for the integrated pest management program. Director Harris commented on the use of District staff to complete Measure AA projects rather than ongoing District projects, such as pest management. General Manager Ana Ruiz reported staff is working to adjust staff assignments as necessary to provide additional dedicated staff time and modify resource loading to ensure core projects and targets are met. Director Riffle inquired if the District mapped pests in District preserves. Mr. Sifuentes-Winter reported the District’s program Calflora does map pest throughout the District. Public comments opened at 8:17 p.m. No speakers present. Public comments closed at 8:17 p.m. No Board action required. 9. Glyphosate Review Report (R-18-82) Mr. Sifuentes-Winter introduced Michael Blankinship of Blankinship and Associates who reviewed scientific data, policy issues, etc. related to glyphosate and its use. Mr. Blankinship described how glyphosate works as an herbicide and its very low toxicity in mammals related to reproductive/developmental toxicity at doses relevant to human health. A variety of agencies has weighed in on whether glyphosate is a carcinogen with a majority determining it is not a carcinogen. Mr. Blankinship reviewed state and international policies regarding glyphosate and described its environmental characteristics. Mr. Blankinship explained that due to various factors, including protective equipment, poor dermal absorption, and the low toxicity of the substance leads to no unacceptable risk for staff and preserve visitors. Finally, Mr. Blankinship provided recommendations for the District’s integrated pest management program. Public comments opened at 8:43 p.m. Mike Liebhold spoke regarding past glyphosate use and thanked the District for being responsive to public concerns and the District’s comprehensive integrated pest management program. Mr. Liebhold expressed concerns regarding the potential impact of glyphosate on non-humans, including other flora and fauna species, and encouraged the District to conduct further studies and to have a chief scientist on District staff. Public comments closed at 8:49 p.m. Director Kishimoto spoke in favor of science-based work and the need to look at the long-term impact of District decisions. She also expressed concerns regarding the long-term cumulative Meeting 18-28 Page 7 impact of glyphosate use. Finally, Director Kishimoto spoke regarding the importance of proper best practices for use. No Board action required. INFORMATIONAL REPORTS A. Committee Reports No Committee reports. B. Staff Reports District Clerk/Assistant to the General Manager Jennifer Woodworth announced the nomination period for Wards 1, 2, 5, and 6 opens on Monday, July 16, 2018 and ends on Friday, August 10, 2018. C. Director Reports The Board members submitted their compensatory reports. Director Kishimoto and President Cyr reported their attendance at the presentation at Cloverdale Ranch for the Butano Creek restoration. President Cyr reported he attended the volunteer and docent graduation on June 30, 2018 and will be attending the annual meeting of the CalJPIA Board of Directors in La Palma, CA on July 18, 2018. ADJOURNMENT President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:06 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 6 CLAIMS REPORT MEETING 18-29 DATE 07-25-18 Please Note: CAO = Coastal Area Office MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount 125 EFT *10205 - CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Annual Contribution 2018-19 & Retro Adjustment 07/18/2018 655,630.00 78341 Check 10413 - DOWNTOWN FORD District Vehicle Purchases: 2018 F350 Ford Ranger (P117), 2018 Ford F350 (M226), 2018 F350 Ford Ranger (P115), 2018 F350 Ford Ranger (P116), 2018 Ford F250 (M227) & 2018 Ford F550 Aerial Lift Truck (M229)07/05/2018 371,053.03 78335 Check 10289 - CAL-LINE EQUIPMENT INC Bandit M21XP Track Chipper (T45) & Remote Control for Back Hoe Loader 07/05/2018 214,570.89 78353 Check 11398 - RIVERVIEW INTERNATIONAL TRUCKS, LLC District Vehicle Purchase: 2019 International WorkStar Dump Truck (M231)07/05/2018 153,600.93 78434 Check 11369 - BANK OF THE WEST COMMERCIAL CARD USA $1,161.52 Binders, Paper, Costco Membership Fee, Coffee, Folders 07/18/2018 94,899.85 Check $2,146.51 Tripod, Spotting Scope, Maintenance Permits, Bait Net 07/18/2018 Check $2,889.82 Permit Fees - Oijon Trail, Stevens Creek Nature Bridge 07/18/2018 Check $758.15 Refreshments for Training, Work Table & Wall Calendar 07/18/2018 Check $4,654.05 6 Foot High Chain Link Fence 12 month Rental - Twin Creeks 07/18/2018 Check $3,369.27 Food & Offsite Room Rental at Hotel for General Counsel Recruitment 07/18/2018 Check $15,143.13 District Fuel (9,235.23), Fire Gear, CAO Office Furniture 07/18/2018 Check $436.22 SFO Supplies - Air Filter Kit, Paint, First Aid, Towels 07/18/2018 Check $3,136.29 Pens, Wall Rack, Gas/Petro (2,350.74), Notebooks, Key 07/18/2018 Check $1,407.79 Web Forms, Web Hosting, Emails, Surveys, Facebook Ads 07/18/2018 Check $1,057.63 Mt. Um Trailer Rental, Paint, Notebook, Staff Polo 07/18/2018 Check $2,987.61 Demo & Building Permits - Twin Creeks & Sear Ranch Rd 07/18/2018 Check $293.27 District Vehicle Maintenance Parts (M201) & Bobcat Parts 07/18/2018 Check $8.00 Parking Fee for Public Meeting 07/18/2018 Check $1,536.40 Office Furniture, Radio Chargers, CAO Office Chairs 07/18/2018 Check $371.04 Field Supplies - Compact Concrete Planer Rental for RSA 07/18/2018 Check $196.69 Key Cabinet for CAO 07/18/2018 Check $1,876.09 Kitchen Water Filters, Safety Glasses, UV Bulbs 07/18/2018 Check $480.04 Water Bottles & Hard Hats 07/18/2018 Check $433.95 Binoculars & Trail Camera 07/18/2018 Check $366.70 Field Supplies - Gate for Twin Creeks, Lumber 07/18/2018 Check $144.30 Docent Training Refreshments & Snake Food 07/18/2018 Check $131.67 Volunteer Supplies - Bypass Lopper, Contractor Bags 07/18/2018 Check $9.99 Adobe Product Subscription 07/18/2018 Check $12.48 Admin Assistant Panel Breakfast 07/18/2018 Check $500.00 Permit Fees - Ag Workforce Housing 07/18/2018 Check $67.08 Field Supplies - Fuel for M228 & Tractor Parts JD6400 07/18/2018 Check $38.23 Field Supplies - Plywood (BCR)07/18/2018 Check $652.35 Field Supplies - Plywood 07/18/2018 Check $1,819.70 Office & Field Supplies, CEQA Filing Fee 07/18/2018 Check $497.00 GIS Help Desk, Historic Aerial Subscription 07/18/2018 Check $186.42 News Subscriptions, Legislative Conference & Parking 07/18/2018 Check $469.51 IRWA Conference Lodging Expense & Cab Fare 07/18/2018 Check $92.73 Travel/Airfare expenses 07/18/2018 Check $150.97 Field Supplies - Fire Goggles, Head Lamp, Tire Gauge 07/18/2018 Check $1,190.07 Signs for RSACP, Gate Locking Unit for Twin Creeks 07/18/2018 Check $172.04 Kitchen Supplies & Snacks for Meeting 07/18/2018 Check $301.64 PVC Parts & Uniform Apparel 07/18/2018 Check $694.02 Recruitment Meals, Docusign Renewal & Office Supplies 07/18/2018 Check $336.59 Water for Public, Uniform Items & Litter Stick 07/18/2018 Check $348.82 Concrete Sealer, Disposable Masks, Paint Roller, Pad 07/18/2018 Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors page 2 of 6 CLAIMS REPORT MEETING 18-29 DATE 07-25-18 Please Note: CAO = Coastal Area Office MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors Check $32.75 Field Supplies - Deck Screws 07/18/2018 Check $1.75 Parking Fee 07/18/2018 Check $777.76 Tool Repair & UV Bulbs 07/18/2018 Check $1,971.34 Name Badges, Public Storage Fee, Photo Contest Prizes 07/18/2018 Check $2,073.30 Volunteer Uniform Vests, File Tote & Mailer 07/18/2018 Check $470.76 Sanitation Kit & Pesticide Personal Protection Equipment 07/18/2018 Check $64.00 Field Supplies - Bollard Pin 07/18/2018 Check $151.28 Field Supplies - Lumber for Mt. Um Trail 07/18/2018 Check $3,194.75 Flashlights & Holders for Rangers 07/18/2018 Check $489.95 CPR Supplies, Ergo Equipment, EMR Meals for Training 07/18/2018 Check $287.45 Field Supplies - Plywood - Twin Creek & Fuse/Capacitor M201 07/18/2018 Check $10.62 Parking Fees for Business Meetings 07/18/2018 Check $943.16 Book and Cal-IPC Symposium Registrations 07/18/2018 Check $8,842.48 CAO Office Building Supplies - Electrical, Plumbing, Floor Tile, Drywall, Sink, Kitchen Cabinets, Water Filter Unit 07/18/2018 Check $755.00 Technical Training for Clerks Expense & Lunch Meeting Offsite 07/18/2018 Check $15,986.83 iPads, Switches, Desks, Monitors, Video Cameras 07/18/2018 Check $450.00 Leadership Academy for Women 7-20-18 07/18/2018 Check $27.48 Field Supplies - Linseed Oil for Benches @ Mt. Um 07/18/2018 Check $1,895.38 Recruitment Expenses & Webinars 07/18/2018 Check $301.32 Field Supplies - Trail Camera, Hose, Cordless Driver 07/18/2018 Check $299.40 Volunteer Snacks, Root Slayer & Boot Repair 07/18/2018 Check $371.53 Video DVD "RE Transactions Gone Wrong"07/18/2018 Check $369.25 Docent Program Supplies, Trainings & Meeting Snacks 07/18/2018 Check $265.00 IRWA Class 07/18/2018 Check $412.63 Board Meeting Meals and CSDA Webinar 07/18/2018 Check $890.37 Kitchen & Laminating Supplies for CAO 07/18/2018 Check $1,398.53 Binders, Board Drinks, ICMA Membership, ICMA Webinar 07/18/2018 Check $423.78 Office Chairs - CAO 07/18/2018 Check $367.31 Bat Acoustic Monitoring Equipment 07/18/2018 78435 Check 11539 - BELZ CONSTRUCTION Improvements to Tenant Residence at 5755 Alpine Rd, La Honda 07/18/2018 79,800.00 78458 Check 11617 - MIG, INC.Professional Services - ADA Self-Evaluation & Transition Plan May 2018, Red Barn Design Services thru June 18,2018 07/18/2018 48,839.28 78398 Check 11617 - MIG, INC.Professional Services - Red Barn Design Services April & May 2018 07/11/2018 37,072.00 78444 Check 10546 - ECOLOGICAL CONCERNS INC Invasive Species Management - Riparian Invasive Removal BCR 07/18/2018 30,766.00 78436 Check 10012 - BIOSEARCH ENVIRONMENTAL CONSULTING California Red-Legged Frog Surveys at BCR - 8/1/17 - 6/29/18, Western Pond Turtle Study - 4/1/18 - 6/29/18, Turtle Trapping & Relocation at Alpine Pond - 6/7 - 6/29, Bullfrog Control & CRLF Survey at Mindego lake - April 2018 07/18/2018 26,334.39 78453 Check 11352 - HAMMER FENCES San Gregorio Creek CE Fence 07/18/2018 24,916.00 78406 Check 11930 - R Brothers Painting Inc Exterior Paint & Repair Barn at 12049 La Honda Rd 07/11/2018 24,768.00 78390 Check 11593 - H.T. HARVEY & ASSOCIATES Twin Creeks Pre-Demo Biological Surveys thru May 31, 2018 07/11/2018 20,818.98 78350 Check 11523 - PGA DESIGN, INC.Professional Services - Alma College Rehab Implementation - May 07/05/2018 20,804.09 78369 Check 11772 - AHERN RENTALS, INC. Equipment Rentals - JD Dozer 650 for Road Improvement - BCR, Excavator w/Bucket - Oljon Trail, Dozer w/Rip, Excavator (BCR) & Kubota for Oljon Trail 07/11/2018 19,905.39 78401 Check 10253 - PETERSON TRACTOR CO SFO Utility Trailers T47, T48 07/11/2018 18,000.00 78352 Check 11854 - RECON ENVIRONMENTAL, INC.Plant Maintenance & Revegetation Services for OSP - May 2018 07/05/2018 17,521.34 78467 Check 11854 - RECON ENVIRONMENTAL, INC.Plant Maintenance & Revegetation Services for OSP - June 2018 07/18/2018 17,521.34 78461 Check 11850 - OURENERGY Consulting Services - Meyer Property Development 07/18/2018 17,442.00 78340 Check 10214 - DELTA DENTAL July 2018 Dental Premium 07/05/2018 17,050.55 page 3 of 6 CLAIMS REPORT MEETING 18-29 DATE 07-25-18 Please Note: CAO = Coastal Area Office MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 78355 Check *11216 - SANTA CLARA COUNTY-LAFCO Annual Santa Clara County LAFCO Dues FY18-19 07/05/2018 16,019.97 78468 Check 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Control of Slender False Brome - August 2017 07/18/2018 15,694.34 78462 Check 10999 - PALO ALTO PLUMBING HEATING & AIR HVAC System (RSA-DHF)07/18/2018 14,750.00 78407 Check 10932 - RDO EQUIPMENT COMPANY Deck Mower for Tractor 07/11/2018 14,074.43 78464 Check 11929 - RALPH ANDERSEN & ASSOCIATES Services Rendered for General Counsel Recruitment 07/18/2018 13,975.00 78454 Check 11177 - HARRIS CONSTRUCTION Replace Windows at 13030 Skyline Blvd, Woodside, Woodstove Relocaton at 1405 Skyline Blvd., Septic Tank Covers at 4150 Sears Ranch Road 07/18/2018 12,132.50 78404 Check 11923 - PROVOST & PRITCHARD Waterline at McDonald Ranch POD17 07/11/2018 10,346.46 78441 Check 10470 - CONDOR COUNTRY CONSULTING Biological Services for Bullfrog Control - La Honda Creek OPS 07/18/2018 10,000.00 78349 Check 10083 - PECKHAM & MCKENNEY Final Profession Fee for General Manager Recruitment 07/05/2018 9,333.34 78392 Check 10794 - JOHN NORTHMORE ROBERTS & ASSOC Bear Creek Stables Improvements Design Development - March 2018 07/11/2018 8,768.75 78334 Check 10616 - BKF ENGINEERS Professional Services May 2018 - Hawthorns Parking Lot Study 07/05/2018 8,490.35 78382 Check 10546 - ECOLOGICAL CONCERNS INC Brush Cutter 11/1/17-6/30/18 (BCR) & Hand Removal of Slender False Blome 3/1/18 - 6/30/18 07/11/2018 8,485.00 78363 Check 11895 - TIMMONS GROUP, INC.Work Order/Asset System - Vehicle Integration 07/05/2018 8,222.50 78451 Check 10005 - GRASSROOTS ECOLOGY Volunteer Stewardship Agreement 07/18/2018 8,098.82 78430 Check 11863 - ALBION ENVIRONMENTAL INC Archaelogical Services June 2018 (BCR)07/18/2018 8,010.21 78347 Check 11679 - MKTHINK Professional Services - RFP Development & Design May 2018 07/05/2018 7,247.32 78474 Check 10112 - TIMOTHY C. BEST Road Erosion Inventory of the Giusti Property 07/18/2018 6,952.50 122 EFT 11470 - AECOM TECHNICAL SERVICES, INC.Rangeland Management 3/24/18 - 5/25/18 07/18/2018 6,901.44 78479 Check *11118 - WEX BANK Fuel for District Vehicles - June 2018 07/18/2018 6,447.94 78395 Check 10058 - LIEBERT CASSIDY WHITMORE Professional Legal Services thru 5/31/18 07/11/2018 6,160.00 78452 Check 11593 - H.T. HARVEY & ASSOCIATES Ravenswood Bay Trail - Permit Processing thru May 2018, Environmental Consulting thru June 2018, Twin Creeks Pre-Demo Biological Surveys - June 2018, Alma College Bay Surveys June 2018 07/18/2018 6,015.39 78442 Check 10034 - DIANE WEST-BOURKE New Docent Training 5/19/18/ - 6/30/18 07/18/2018 6,000.00 78342 Check 11465 - JANA SOKALE ENVIRONMENTAL PLANNING Environmental Planning - Hendrys Creek Restoration Project 07/05/2018 5,328.75 78469 Check 11948 - SEAN E. MCALLISTER Marbled Murrelet Surveys in La Honda OSP 07/18/2018 5,094.00 78359 Check 11956 - StormWind, LLC Cisco Training Subscription for IT Dept.07/05/2018 4,980.00 78346 Check 10031 - MILLS DESIGN Design of Bear Creek Redwoods Postcards & Map for Website, 2018 Summer Newsletter: Outdoor Activities & Web Files 07/05/2018 4,940.00 78344 Check 11689 - MAKE A BUCK Water Tanks - Bear Creek Stables 07/05/2018 4,746.32 78388 Check 11805 - GOLDEN HOUR RESTORATION INSTITUTE Montoring Report, Site Visit & Workshop Training 07/11/2018 4,600.00 78348 Check 11864 - PATHWAYS FOR WILDLIFE Hwy 17 Cost-Benefit Analysis & Roadkill Surveys 2017-2018 07/05/2018 4,500.00 78381 Check 11420 - DOUG EDWARDS Thistle Mowing October Farm 07/11/2018 4,320.00 78471 Check 11703 - SHIFT KEY SOLUTIONS IT Classes Training Materials, Course Design and Travel Expenses 07/18/2018 4,000.00 78456 Check 11572 - MESITI-MILLER ENGINEERING INC.Webb Creek Bridge Replacement Project Design & Permit Processing - BCR 07/18/2018 3,910.92 78426 Check 11687 - WILDWAYS ILLUSTRATED Interpretive Panel Design & Fabrication (BCR)07/11/2018 3,902.20 78358 Check 10196 - SHELTERBELT BUILDERS INC Pest Control Advisor Services 2/1/18 - 5/31/18 07/05/2018 3,750.00 78449 Check 11612 - GOODWIN CONSULTING GROUP, INC.Continuing Disclosure - Annual 07/18/2018 3,708.75 78415 Check 11920 - SEQUOIA ECOLOGICAL CONSULTING INC.Oljon Trail Construction in El Corte de Madera 07/11/2018 3,651.78 78463 Check 10082 - PATSONS MEDIA GROUP Rancho San Antonio Preserve Brochures - 10K 07/18/2018 3,607.90 78373 Check 11680 - BIGGS CARDOSA ASSOCIATES INC Purisima Bridge #1 Load Rating Site Visit & Analysis 07/11/2018 3,439.00 78374 Check 11836 - BONKOWSKI AND ASSOCIATES, INC Review Bids for Meyers Property 07/11/2018 3,430.00 78391 Check 10452 - IFLAND SURVEY Lot Line Adjustment - Purisima Farms Uplands 07/11/2018 3,400.00 78443 Check 10654 - DUTRA MATERIALS Lawrence Creek Culvert Rock - Ecdm 07/18/2018 3,057.12 78475 Check 10146 - TIRES ON THE GO New Tires & Installation for P109, P110, P86 07/18/2018 2,939.31 78383 Check 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting and Lobbying: June 2018 07/11/2018 2,916.67 78405 Check *10211 - PUBLIC POLICY ADVOCATES 2018 Monthly Fee - Legislative Advocacy Services for March 2018 07/11/2018 2,916.66 page 4 of 6 CLAIMS REPORT MEETING 18-29 DATE 07-25-18 Please Note: CAO = Coastal Area Office MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 78421 Check *10583 - TPX COMMUNICATIONS Monthly AO Phone and SAO Internet 07/11/2018 2,706.70 78446 Check 10524 - ERGO WORKS Stand-up Desks for RP Planner III and RP Specialist II 07/18/2018 2,697.74 78457 Check 10190 - METROMOBILE COMMUNICATIONS Radio Installation for P118, P119 07/18/2018 2,659.45 78418 Check 11858 - STUDENT CONSERVATION ASSOCIATION Habitat Restoration, Fence Construction, Trail Work 07/11/2018 2,500.00 78476 Check 11685 - TRAILHEAD LABS, INC.GIS Trail Data Improvement and Visitor Analytics 07/18/2018 2,500.00 78372 Check 11799 - AZTEC LEASING, INC.Sharp Copier Lease June 2018 07/11/2018 2,326.06 78351 Check 11519 - PRICE, POSTEL & PARMA LLP General Representation Legal Services May 2018 07/05/2018 2,322.00 78450 Check 11236 - GRADETECH Sears Ranch Road Paving Repairs 07/18/2018 2,306.18 78380 Check 10032 - DEL REY BUILDING MAINTENANCE Janitorial Services & Supplies - July 07/11/2018 2,273.10 78480 Check 10585 - FLEETCARE INTERNATIONAL INC Maintenance & Service for - M66,M214, P87, P89, P102, P103, M216, M219, P111, T26, M16, T42, T31 07/18/2018 2,201.64 78333 Check 11148 - BALANCE HYDROLOGICS, INC.Aldercroft Stables Monitoring 07/05/2018 2,127.50 78448 Check 10187 - GARDENLAND POWER EQUIPMENT Stihl Brush Cutter Parts & Electric Pole Saw 07/18/2018 2,101.07 78433 Check *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak - July 2018 07/18/2018 1,876.00 78338 Check 10024 - CONSERVATION BY DESIGN Docent & Volunteer Structure Study 07/05/2018 1,848.70 78417 Check 10302 - STEVENS CREEK QUARRY INC Base Rock for Road Work (FOOSP)07/11/2018 1,748.22 78437 Check 11686 - CHAN, LESLIE Security Deposit Refund, 1185 Skyline Blvd 07/18/2018 1,738.00 78332 Check 10428 - ALLIANT INSURANCE SERVICES Crime Insurance Premium Final Installment FY17-19 07/05/2018 1,620.00 78385 Check 11935 - ESSENTIAL OPERATIONS Septic System Monitoring (RSACP)07/11/2018 1,612.50 78460 Check 10073 - NORMAL DATA Database Work - Incidents & Permits 6/30/18 07/18/2018 1,600.00 78470 Check 10580 - SHARP BUSINESS SYSTEMS Copier Prints 07/18/2018 1,596.69 78337 Check 10352 - CMK AUTOMOTIVE INC Maintenance Service & Repairs for - A99, M218, P109 , P95, A91 07/05/2018 1,441.67 78370 Check 10154 - ALL PREMIUM PROMOTIONAL PRODUCTS Docent Uniform Shirts 07/11/2018 1,439.24 78399 Check 10125 - MOFFETT SUPPLY COMPANY INC Restroom Supplies 07/11/2018 1,438.94 129 EFT 10222 - HERC RENTALS, INC.Equipment Rental (BCR)07/18/2018 1,414.79 78411 Check 10292 - SAN JOSE BOILER WORKS INC Boiler Annual Inspection 07/11/2018 1,266.90 78379 Check *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 07/11/2018 1,172.00 78389 Check 10005 - GRASSROOTS ECOLOGY Cooley Landing Native Planting & Interpretive Project 07/11/2018 1,125.00 78419 Check 11473 - SUNNYVALE SCHOOL DISTRICT Two Field Trips/ Transportation Assistance Program 07/11/2018 1,080.70 78472 Check 10143 - SUMMIT UNIFORMS Body Armor For Ranger Miller & Uniform Samples 07/18/2018 1,053.17 120 EFT 11870 - SMITH, OMAR CAO Materials: Clamps, Electrical & Plumbing Supplies 07/11/2018 986.54 78368 Check 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt Um Summit Construction 07/11/2018 981.00 78478 Check *10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP) & (SA)07/18/2018 867.36 78422 Check 10201 - TURF & INDUSTRIAL EQUIP CO JD Tractor & Mower Parts 07/11/2018 823.35 116 EFT 11605 - JASKULAK, STEFAN Reimburse Governmental Acctg I & II Training Course 07/11/2018 800.00 78473 Check 10107 - SUNNYVALE FORD Repair Service P108 07/18/2018 745.07 78439 Check 11784 - CITIBANK, N.A.Conference Travel, Rental Car & Agent Fees 07/18/2018 739.58 78412 Check *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)07/11/2018 715.74 78403 Check 10140 - PINE CONE LUMBER CO INC MAA07-009 Sign Posts 07/11/2018 695.81 78402 Check *10180 - PG & E Electricity & Gas - 6 Locations 07/11/2018 639.83 78445 Check 10038 - ERGO VERA Onsite Ergonomic Evaluations 6/13/18 07/18/2018 604.56 78365 Check 11599 - VULCAN CONSTRUCTION MATERIALS LP Rock (BCR)07/05/2018 588.91 78477 Check 10201 - TURF & INDUSTRIAL EQUIP CO JD Tractor Parts & belt for John Deere 390 Tractor Mower 07/18/2018 560.38 78364 Check 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services-HR 07/05/2018 552.00 78378 Check 11530 - COASTSIDE.NET Monthly SFO Internet Service 7/01-7/31/18 07/11/2018 550.00 78397 Check 11824 - Los Altos Chamber of Commerce Membership Renewal - June 2018 to June 2019 07/11/2018 550.00 page 5 of 6 CLAIMS REPORT MEETING 18-29 DATE 07-25-18 Please Note: CAO = Coastal Area Office MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 78387 Check 10187 - GARDENLAND POWER EQUIPMENT Stihl Brush Cutter Parts, Hygiene Kit (GP), Polycut Blades 07/11/2018 497.36 110 EFT 11649 - HUGG, JOSHUA CSDA Travel Expenses Reimbursement 5/21 - 5/23 07/05/2018 471.40 78362 Check 10307 - THE SIGN SHOP Custom Signs 07/05/2018 470.97 78366 Check 10001 - AARON'S SEPTIC TANK SERVICE PC Northridge Vault Restroom Pumping 07/11/2018 450.00 78455 Check 10189 - LIFE ASSIST First Aid Supplies 07/18/2018 441.05 78424 Check 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services-HR 07/11/2018 413.00 78466 Check 10176 - RE BORRMANN'S STEEL CO Water Project Materials (BCR)07/18/2018 400.50 78357 Check 11117 - SANTA CLARA COUNTY/CITIES MANAGERS' ASSOCIATION 2018 SCCCMA Membership Dues 07/05/2018 400.00 78425 Check 10527 - WASTE MANAGEMENT Pressure Treated Wood Disposal - GP 07/11/2018 398.44 78386 Check 11151 - FASTENAL COMPANY Nuts and Bolts for stock 07/11/2018 383.35 78423 Check 10561 - ULINE Coastal Area Office Storage Bins 07/11/2018 354.62 78339 Check 11965 - CONTRA COSTA COUNTY SHERIFF Field Training Officer Class 7/16 - 7/20 07/05/2018 349.00 78356 Check 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services - May 2018 07/05/2018 345.00 114 EFT 11266 - WOODWORTH, JENNIFER Food for 6/28/18 Employee Event, City of Clerks Assoc of CA Annual Conference per diem Expense & Food Reimbursement for GM & Board Meetings 07/05/2018 341.32 78371 Check 10815 - AMERICAN RED CROSS EMR & CPR - FPR Training June 2018 07/11/2018 315.00 78367 Check 10240 - ACE FIRE EQUIPMENT & SERVICE INC Extinguisher & Cabinet - CAO 07/11/2018 304.67 109 EFT 11905 - GIBBONS, PEGGY Travel Reimbursement - Special Parks District Forum 07/05/2018 289.60 78393 Check 11315 - KIM, AMANDA Mileage Reimbursement, Parking 07/11/2018 282.68 78394 Check 10119 - KWIK KEY LOCK & SAFE CO INC SFO Keys (qty 88) for Key Cabinet 07/11/2018 276.86 78440 Check 10352 - CMK AUTOMOTIVE INC Wheel Alignment P108 07/18/2018 255.00 78409 Check 11526 - REPUBLIC SERVICES Monthly Garbage Services 07/11/2018 252.56 127 EFT 10138 - FITZSIMONS, RENEE Mileage reimbursement - 2/26/18 - 06/30/18 07/18/2018 233.86 78414 Check 11732 - SANTA CLARA UNIVERSITY May 2018 Cost Reimbursement 07/11/2018 233.27 121 EFT 10237 - WILLIAMS, MICHAEL Mileage Reimburse 4/9/18 - 6/12/18 07/11/2018 232.72 113 EFT 11321 - SORIA, MARIA City Clerks Assoc of CA Annual Conference Expense Reimbursement & Technical Track for Clerks Conference per Diem Reimburse 07/05/2018 227.00 78354 Check 10151 - SAFETY KLEEN SYSTEMS INC Solvent Tank Service (FFO)07/05/2018 216.90 78361 Check 10152 - TADCO SUPPLY Janitorial Supplies 07/05/2018 216.41 119 EFT 11559 - SIFUENTES-WINTER, JONATHAN Mileage Reimbursement 5/7 /18 - 6/28/18 07/11/2018 214.73 78336 Check 10014 - CCOI GATE & FENCE Gate Service (SAO)07/05/2018 213.05 78375 Check 10014 - CCOI GATE & FENCE Gate Repair (SAO)07/11/2018 200.00 78384 Check 10524 - ERGO WORKS Ergo Items - Chairs Installation & Assembly 07/11/2018 200.00 78343 Check 11326 - LEXISNEXIS Online Subscription May 2018 07/05/2018 198.00 115 EFT 11532 - CHANEY, MATT Field Gear Reimbursement - Boots 07/11/2018 195.70 78427 Check 11176 - ZORO TOOLS Flagging Tape, Mesh Tarp & Letter Stamp Set 07/11/2018 185.17 78420 Check 11596 - TOSHIBA BUSINESS SOLUTIONS Map Printing 07/11/2018 183.35 78438 Check 10168 - CINTAS Shop Towel Service (FFO & SFO)07/18/2018 182.38 78432 Check 10815 - AMERICAN RED CROSS EMR Training April 2018 07/18/2018 180.00 78376 Check 10168 - CINTAS Shop Towel Service (FFO & SFO)07/11/2018 178.55 78400 Check 10670 - O'REILLY AUTO PARTS Battery for P86 07/11/2018 175.96 78416 Check 10447 - SIMMS PLUMBING & WATER EQUIPMENT Water Treatment at Lobitos Houses 07/11/2018 162.35 117 EFT 11934 - PERRY, CHRIS Reimburse Paint Materials for Big Dipper 07/11/2018 149.42 134 EFT 11976 - SMITH, SEAN Mileage Reimbursment for June 2018, 7/3/18 - 7/13/18 07/18/2018 144.43 78447 Check 11151 - FASTENAL COMPANY Gate Hardware (SA)07/18/2018 138.31 78360 Check 10143 - SUMMIT UNIFORMS Mesh Baseball Hats for SFO Field Staff 07/05/2018 131.10 page 6 of 6 CLAIMS REPORT MEETING 18-29 DATE 07-25-18 Please Note: CAO = Coastal Area Office MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Payment Type Notes Vendor No. and Name Invoice Description Check Date Payment Amount Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 78459 Check 10664 - MISSION TRAIL WASTE SYSTEMS AO Garbage Services - June 2018 07/18/2018 130.91 123 EFT 11338 - BIEBER, CYDNEY Special Parks District Forum Per Diem 5/20/18 - 5/23/18 07/18/2018 128.50 78345 Check 11308 - MARTIN & CHAPMAN CO.2018 Elections Handbook 07/05/2018 116.73 78377 Check 10021 - COASTAL CHIMNEY SWEEP Chimney Parts 07/11/2018 114.18 130 EFT 11813 - LEIGH ANN GESSNER Mileage Reimbursement 3/9/18 - 6/12/18 07/18/2018 110.42 126 EFT 10496 - CHUNG, JEAN Mileage Reimbursement 2/8/18 - 6/19/18 07/18/2018 101.92 78413 Check 11846 - SAN MATEO COUNTY EMERGENCY MANAGERS ASSOC Emergency Managers Assoc. Dues - C. Barresi 07/11/2018 100.00 78431 Check 11170 - ALEXANDER ATKINS DESIGN, INC.MROSD Logo Modified 07/18/2018 100.00 111 EFT 11449 - MARK, JANE Mileage Reimbursement 1/8/18 - 6/21/18 07/05/2018 87.09 78410 Check 10182 - ROYAL BRASS INC T32 Hydralic Hose 07/11/2018 74.67 128 EFT 10548 - GARTSIDE, ELLEN Mileage Reimbursement 1/17/18 - 6/13/18 07/18/2018 71.40 78396 Check 10189 - LIFE ASSIST First Aid Supplies - Blanket, Splint & Cold Pack 07/11/2018 66.98 131 EFT 11752 - LIN, JASON Mileage Reimbursment 1/25/18 - 6/12/18 07/18/2018 65.40 112 EFT 10301 - RUIZ, ANA Progress Seminar per diem Reimbursement 07/05/2018 62.00 124 EFT 11907 - BORGESI, MELISSA Human Centered Community Engagement Training Expenses 07/18/2018 51.80 132 EFT 11449 - MARK, JANE Gift Cards for Halloween Potluck 07/18/2018 50.00 118 EFT 11625 - REITER, HEATHER Mileage Reimbursement 4/3/18 - 6/11/18 07/11/2018 31.50 78465 Check 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)07/18/2018 28.25 78408 Check 10176 - RE BORRMANN'S STEEL CO Metal for Deck Mower 07/11/2018 27.25 78428 Check 0000A - BLAKE MARKES Space fee for Montara Art and Music Festival Vendor Form 07/11/2018 25.00 78429 Check 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Extinguisher Recharge 07/18/2018 18.00 133 EFT 11977 - NISTAL, FELIPE Mileage Reimbursement 4/27/18 - 5/24/18 07/18/2018 12.97 Grand Total 2,289,433.80$ *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-18-76 Meeting 18-28 July 1 1, 2018 AGENDA ITEM 3 AGENDA ITEM Fiscal Year 2018-19 Annual Claims List GENERAL MANAGER’S RECOMMENDATION 1. Approve the Fiscal Year 2018-19 Annual Claims List, including debt service payments. 2. Adopt a resolution authorizing release of claim payments over $50,000 by the Controller or designee. SUMMARY Pursuant to Board Policy 1.03, the Annual Claims list for Fiscal Year 2018-19 (FY2018-19) is hereby submitted to the Board of Directors (Board) for review and approval so that salaries and benefits, debt service, and recurring expenses may be paid in a timely and efficient manner. DISCUSSION The Annual Claims list provided as part of this report includes claims that exceed $50,000. Approval of the proposed Annual Claims would authorize the accounting office to pay salaries and benefits, debt service, and recurring services in a timely and efficient manner. This item also minimizes late fees, finance charges, and urgent check requests. On December 16, 2015, the Board authorized the General Manager or designee to approve the payment of claims up to the General Manager’s expenditure authority, subject to Board ratification at the next Regular Board meeting (R-15-163). On March 22, 2017, the Board provided policy direction for the release of claim payments over $50,000, without holding for Board approval, provided that the General Manager would continue to provide the claims report to the Board for its review after payment. The resolution attached to this report formalizes that policy change. Recusal Statements Included as part of the Annual Claims on page 2 of this report is a recusal statement that is read by the presiding Board President for Director Hanko on her economic conflict of interests in AT&T, Verizon, and PG&E claims. The purpose of this annual recusal statement is to enable Director Hanko to meet her conflict of interest recusal responsibilities at one annual meeting rather than being required to repeat the same recusal statement at each regular Board meeting when claims are presented on the Consent Calendar. If approved, recusals on AT&T, Verizon, and PG&E claims by Director Hanko will not need to be made at each regular Board meeting. R-18-76 Page 2 On September 1, 2016, Director Riffle disclosed to the Board a remote interest under Government Code 1091(a) as a salaried employee of the non-profit organization Peninsula Open Space Trust (POST). After consultation with the Fair Political Practices Commission and the District’s General Counsel, it was determined that the employment relationship with POST is categorized as a “remote interest” under Government Code section 1091, and that such remote interest would not trigger the contracting ban under Government Code section 1090. To remain consistent with that law, however, Director Riffle needs to continue recusing himself from all Board agenda items that affect financial matters relating to POST and the District. Debt Service Claims The debt service claims listed below for FY2018-19 reflect payments required of the Midpeninsula Regional Open Space District to meet the outstanding debt obligations for the current fiscal year: PRINCIPAL INTEREST NOTEHOLDER-LAND Hunt 0.00 75,000.00 Subtotal-Notes 0.00 75,000.00 BONDS PAYABLE 2011 Bonds 180,000.00 33,600.00 2012 Refunding Notes 395,000.00 68,150.00 2015 Refunding Notes 805,000.00 1,051,725.00 2015 Measure AA GO Bonds 890,000.00 1,702,037.50 2016 Green Refunding Bonds 3,410,000.00 2,361,850.00 2017 Green Refunding/Parity Bonds 639,175.00 2,001,085.00 2018 Measure AA GO Bonds 0.00 2,058,367.64 Subtotal-Bonds 6,319,175.00 9,276,815.14 TOTALS - NOTEHOLDERS & BONDS 6,319,175.00 9,351,815.14 TOTAL DEBT SERVICE 15,670,990.14 ANNUAL CLAIMS DEBT SERVICE FISCAL YEAR 2018-2019 R-18-76 Page 3 Annual Claims The annual claims listed below for FY2018-19 reflect payments in excess of the General Manager’s authority: ANNUAL CLAIMS ITEM DESCRIPTION AMOUNT Staff Salaries $16,425,516 Debt Service (includes note paying agent fees) $11,721,637 Group Insurance Premiums $3,042,145 Retirement Plans $2,036,472 State Mandated Insurance-Unemployment & Workers Comp. $512,155 Wellington Park Investors (AO Office Leases) $358,266 Utilities - Electricity/Gas/Propane/Telephone/Cellular Telephone $240,620 (PG&E***/Cal Water/Amerigas/Verizon***/AT&T***) Dispatch Services (City of Mountain View) $197,915 Property/Liability/Vehicle Insurance (CALJPIA) $171,447 Fuel - Valley Oil Company $135,000 TOTAL: $34,841,173 ***Annual Recusal Statement: Director Hanko is voluntarily recusing herself from voting on all claims for AT&T , Verizon, and PG&E. Annual and Project-Specific Recusals: Director Riffle is recusing himself, as required by law, from voting on all payments to POST that are authorized by the Board via this annual and all future recurring claims reports, and will also do so on an individual basis for project-specific Board actions involving financial transactions with POST. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee; however, the Action Plan and Budget Committee reviewed the FY2018-19 District Budget in April and May. FISCAL IMPACT The listed Annual Claims are included in the FY2018-19 District Budget, which was approved by the Board of Directors at the Regular Meeting of June 13, 2018 (R-18-63). PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Approval of the Annual Claims is not considered a project under the California Environmental Quality Act (CEQA) and no environmental review is required. R-18-76 Page 4 NEXT STEPS With Board approval, staff will proceed with preparing open purchase orders for the listed vendors and pay invoices upon receipt. Attachments: 1. Detailed List of Debt Service Obligations FY2018-19 2. Resolution authorizing Controller or designee to pay claims over $50,000 Responsible Manager: Stefan Jaskulak, Chief Financial Officer Prepared by: Andrew Taylor, Finance Manager Close of Remaining Principal Final FY 2018/2019 - Debt Service Payments Payable to Escrow Original Note Rate %Term At June 30, 2018 Payment Due Total Principal Interest Hunt 04/15/2003 1,500,000.00 5.50%10 years 1,500,000.00 04/01/2023 75,000.00 0.00 75,000.00 1,500,000.00 1,500,000.00 75,000.00 0.00 75,000.00 2011 Bonds 05/05/2011 1,080,000.00 3% to 4%30 years 930,000.00 09/01/2021 213,600.00 180,000.00 33,600.00 2012 Refunding Notes 02/02/2012 8,705,600.70 3% to 5.44%30 years 8,705,600.70 09/01/2033 463,150.00 395,000.00 68,150.00 2015 Refunding Notes 01/22/2015 23,630,000.00 2% to 5%19 years 21,815,000.00 09/01/2034 1,856,725.00 805,000.00 1,051,725.00 2015 Measure AA GOs 07/29/2015 45,000,000.00 1.5% to 5%30 years 43,350,000.00 09/01/2045 2,592,037.50 890,000.00 1,702,037.50 2016 Refunding Green Bond 09/22/2016 57,410,000.00 3% to 5%22 years 53,845,000.00 09/01/2038 5,771,850.00 3,410,000.00 2,361,850.00 2017 Refunding Green Bond 12/28/2017 25,025,000.00 3% to 5%20 years 25,025,000.00 06/30/2038 1,201,085.00 0.00 1,201,085.00 2017 Parity Green Bonds 12/28/2017 11,220,000.00 5%10 years 11,220,000.00 06/30/2028 1,439,175.00 800,000.00 639,175.00 2018 Measure AA GOs 02/14/2018 50,000,000.00 2% to 5%30 years 50,000,000.00 09/01/2048 2,058,367.64 0.00 2,058,367.64 222,070,600.70 214,890,600.70 15,595,990.14 6,480,000.00 9,115,990.14 223,570,600.70 216,390,600.70 15,670,990.14 6,480,000.00 9,190,990.14 DEBT SERVICE FISCAL YEAR 2018-2019 ATTACHMENT 1 Attachment 2 Resolutions/2018/18-__AnnualClaims 1 RESOLUTION NO. 18-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING PAYMENT OF CLAIMS PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE SECTION 5552 WHEREAS, California Public Resources Code section 5552 empowers the Board of Directors to authorize the Controller to approve the payment of claims in any amount without the prior, specific approval of the Board, that are for any purpose for which an expenditure has been previously authorized in the Midpeninsula Regional Open Space District’s (District) adopted budget and which do not exceed the amount of expenditure so authorized, so long as such demands are presented to the Board of Directors at its next regular meeting for its review and approval; and WHEREAS, the Board of Directors desires to authorize the Controller or his/her designee(s) to approve claims against the District, regardless of dollar value, without the prior specific approval of the Board, as provided in Public Resources Code section 5552 and Board Policy 3.03. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District hereby authorizes the Controller or designee(s) to approve all claims against the District that are for any purpose for which an expenditure has been previously authorized in the District’s adopted budget, and directs the General Manager or designee(s) to include these claims on the Claims Report for ratification by the Board at its next regular meeting for the Board’s review and approval. * * * * * * * * * * 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: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 2 Resolutions/2018/18-__AnnualClaims 2 APPROVED AS TO FORM: 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 R-18-87 Meeting 18-30 July 25, 2018 AGENDA ITEM 4 AGENDA ITEM Award of a Multi-Year Contract to GEOCON Consultants, Inc., for Environmental Services at Bear Creek Redwoods Open Space Preserve to Investigate, Characterize, and Develop Remedial Actions Related to Former Disposal Site GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a professional services contract with GEOCON Consultants, Inc., of Rancho Cordova, California to provide environmental services at Bear Creek Redwoods Open Space Preserve in Fiscal Year (FY) 2018-19 through FY2020-21 for a base contract amount of $47,725. 3. Authorize a 15% contingency of $7,158 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $54,883. SUMMARY A remnant disposal site associated with prior land use and ownership has been identified between the former Alma College site and Highway 17 boundary at Bear Creek Redwoods Open Space Preserve (Preserve). An environmental site assessment will determine the types of materials disposed, and inform a remediation and cleanup plan to address potential health, safety, and environmental issues. The General Manager recommends contracting with GEOCON Consultants, Inc., (GEOCON) to complete the characterization and develop remedial actions to clean the site. This work will occur in tandem with other site preparations and improvements to open the northeastern area of the Preserve to public access as part of the Preserve Master Plan Phase II implementation. The Fiscal Year 2018-19 Budget includes sufficient funds for the recommended contract. BACKGROUND On January 25, 2017, the Board of Directors certified the Bear Creek Redwoods Preserve Plan Final Environmental Impact Report (EIR) and approved the Bear Creek Redwoods Preserve Plan. During the preparation of the EIR, the presence of a former refuse disposal site was identified. The EIR discusses the potential impacts and includes a mitigation measure related to this disposal site under Impact 4.7-2 and Mitigation Measure 4.7-2a, which states: “Conduct a hazardous materials survey and limited Phase II investigation.” R-18-87 Page 2 Board authorization of the recommended professional services contract will initiate the necessary technical sampling and characterization of the site, the preparation of a remedial work plan, and provide oversight of the recommended remedial actions. Proper handling of any hazardous materials and cleanup of this former disposal site facilitates the opening of the Alma College area and other northeastern areas of the Preserve to general public use as part of the Preserve Master Plan Phase II implementation. During the course of this work, close coordination with cultural resource professionals (under separate contract) is required due the extensive history of human occupation on the property to ensure the preservation of important cultural resources (see separate FYI for the Alma College Cultural Landscape Rehabilitation Project within this Agenda Packet for additional information). DISCUSSION Consultant Selection A Request for Proposals and Qualifications (RFPQ) was released on May 18, 2018, and posted on the District’s web site. The District received interest from 17 consulting firms. A mandatory pre-bid site tour was conducted on May 31, 2018, and was attended by 15 firms. Proposals were due June 18, 2018 and nine proposals were received, reviewed, and ranked by Natural Resources staff. Proposals were evaluated for the quality of the proposal, the implementation approach, and the overall team expertise and qualifications. Following the review, GEOCON Consultants, Inc., was deemed the most qualified firm with the best proposal, at a fair and reasonable price, to provide environmental site assessment services to the District at the Bear Creek Redwoods former disposal site. Given the uncertainties associated with the undocumented former disposal site, a 15% contingency is recommended to address the potential for encountering unforeseen conditions. This RFPQ process also established a list of qualified environmental firms that are now on the District’s prequalified list from which to solicit future proposals for similar services related to potential hazardous materials evaluations, investigations, and remediation at other locations. FISCAL IMPACT The Fiscal Year (FY) 2018-19 budget includes $127,736 for the Bear Creek Redwoods Disposal Site Characterization and Remediation Project, MAA21-010. This contract award and contingency totals $54,883. There are sufficient funds in the budget to cover the recommended action and expenditures. MAA21-010 FY2018-19 FY2019-20 FY2020-21 TOTAL Bear Creek Redwoods Disposal Site Characterization and Remediation Project Budget $127,736 $100,000 $550,000 $777,736 Spent-to-Date (as of 7/3/2018): $0 $0 Encumbrances: $0 $0 Proposed Award of Contract (including 15% contingency): $29,275 $13,608 $12,000 $54,883 Budget Remaining (Proposed): $98,461 $86,392 $538,000 $722,853 R-18-87 Page 3 The following table outlines the Measure AA 21 Portfolio budget, costs-to-date, and the fiscal impact related to recommended action. MAA21 Portfolio Bear Creek Redwoods: Public Recreation and Interpretive Projects Allocation $17,478,000 Life-to-Date Spent (as of 7/3/2018): $2,679,399 Encumbrances: $0 Proposed Award of Contract (including 15% contingency): $54,883 Portfolio Balance Remaining (Proposed): $14,743,718 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board committee PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item implements an Environmental Protection Mitigation Measure identified in the Bear Creek Redwoods Preserve Plan EIR, which the Board of Directors certified on January 25, 2017. NEXT STEPS Upon Board authorization, the General Manager will enter into contract with GEOCON Consultants, Inc. to begin the environmental site assessment at Bear Creek Redwoods. The assessment phase of the project is estimated to take between nine to twelve months, depending on the nature of the disposal site. Potential remediation and/or cleanup plans will be developed in 2020, with remediation/cleanup tentatively scheduled for 2021. Responsible Department Head: Kirk Lenington, Natural Resources Prepared by: Matt Baldzikowski, Senior Resource Management Specialist, Natural Resources R-18-89 Meeting 18-30 July 25, 2018 AGENDA ITEM 5 AGENDA ITEM Contract Amendment for Legal Services GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend the contract with Gary Baum, Esq., for an additional $75,000 to provide extended legal services during the recruitment and onboarding of the Assistant General Counsel position, for a total amount not to exceed $225,000. SUMMARY Gary Baum, Esq., entered into a contract with the Midpeninsula Regional Open Space District (District) in January 2018 to assist with the workload in the General Counsel’s office following the retirement of former General Counsel Sheryl Schaffner. The Assistant General Counsel position was vacant from December 30, 2017 through July 10, 2018 while the Assistant General Counsel served as Acting General Counsel and the Board of Directors conducted its recruitment for a new General Counsel. With the recent appointment of Hilary Stevenson as General Counsel, there is now a vacancy in the Assistant General Counsel position. The purpose of this contract amendment is to continue to procure Mr. Baum’s services during the recruitment and onboarding period for a new Assistant General Counsel. DISCUSSION The District’s internal attorney staffing was temporarily reduced by one-half, from two to one attorney, following the retirement of General Counsel Sheryl Schaffner at the end of calendar year 2017. The Assistant General Counsel position has been vacant since December 30, 2017 while the Assistant General Counsel served as Acting General Counsel and the Board of Directors conducted its recruitment for a new General Counsel. Given the staffing gap, the Board authorized a contract with Gary Baum, Esq., for $150,000 to supplement staffing during a seven-month period while the Board recruited a new General Counsel (R-17-129). Since January 2018, Mr. Baum has served the District with a high degree of skill and responsiveness, and at a fair and reasonable rate. With the recent appointment of the former Assistant General Counsel into the General Counsel position, recruitment and onboarding must be now be conducted for a new Assistant. The General Counsel, in consultation with the Human Resources department, estimates that it will take three months to fill the vacancy. The General Counsel and General Manager recommend that the Board authorize an increase of $75,000 to the District’s contract with Mr. Baum, for a total not to exceed amount of $225,000. This increase will fund approximately three additional R-18-89 Page 2 months of staffing coverage, plus an additional amount to allow for overlap with the new Assistant General Counsel, affording the legal department the opportunity to provide continuity and adequate service levels for the organization. The contract can be terminated for the convenience of either party at any time. If there are further changes to this timeline, the General Counsel and General Manager will return to the Board to obtain additional contract authorization to fulfill staffing needs. It is important to recognize that the proposed contract amount, funded out of salary savings, provides approximately half of the hours of service the District is accustomed to receiving from the Assistant General Counsel position, which is fairly typical when obtaining outside counsel services. Assuring the effective operation of the General Counsel’s Office during the staffing vacancy continues to require the cooperation and patience of District staff during this transition period. FISCAL IMPACT The Fiscal Year 18-19 budget for the General Counsel’s office can adequately fund the continued use of Mr. Baum’s services for three additional months, at the rate of approximately $21,300 per month, until the Assistant General Counsel vacancy is filled. At such time as the legal department is fully staffed, it may be necessary to make a mid-year budget adjustment to reflect actual salary and benefits for the new General Counsel and Assistant General Counsel. BOARD COMMITTEE REVIEW There was no committee review for this action. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The award of contract is not a project subject to the California Environmental Quality Act. NEXT STEPS Following Board approval, the General Manager will amend the contract with Gary Baum, Esq. Responsible Department Head: Hilary Stevenson, General Counsel Prepared by: Hilary Stevenson, General Counsel R-18-88 Meeting 18-30 July 17, 2018 AGENDA ITEM 6 AGENDA ITEM Consideration of District position on AB 2614 (Carrillo): Outdoor experiences: community access program (as Amended July 3, 2018) GENERAL MANAGER’S RECOMMENDATION Support AB 2614 (Carrillo) as amended. SUMMARY Staff presented details regarding the recently amended AB 2614 (Carrillo) to the Legislative, Finance, and Public Affairs Committee (LFPAC) at their July 17, 2018 meeting. The Committee unanimously decided to refer the bill to the full Board with a recommendation of a support position. The Senate Appropriations Committee will hear the bill on Monday, August 6. Bill Summary: AB 2614 (Carrillo) would require the Natural Resources Agency to develop and implement a community access program focused on engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income and disadvantaged communities, to natural or cultural resources, community education programs, or recreational amenities. The bill would authorize the agency to develop a grant program for innovative transportation projects that provide disadvantaged and low-income youth with access to outdoor experiences, as specified. DISCUSSION Through its legislative review and tracking program, the Midpeninsula Regional Open Space District (District) has been watching AB 2614 (Carrillo): Outdoor experiences: community access program: grant program (Attachment 1). This bill is intended to, through the assistance of the California Natural Resources Agency, help lower the barrier for underserved communities in California to access outdoor education and take part in natural and cultural resource experiences. This is done through a grant program to provide both direct technical assistance and grants for innovative transportation projects. No amount has been specified yet for this grant program and would likely vary from year to year as part of the state budget process. Local agencies in support of the bill include East Bay Regional Park District, Santa Clara Valley Open Space Authority, and County of Santa Clara (Attachment 2). R-18-88 Page 2 The bill has passed out of its house of origin and most recently was reviewed and approved by the Senate Committee on Natural Resources and Water on June 26, 2018. However, amendments were recommended by the Committee and accepted by the author, which better serve the low-income communities located within the District’s jurisdiction. Originally, the bill focused its benefits on “Disadvantaged Communities” defined by California Health and Safety Code (HSC) 39711. Under this definition, which is determined through a California Environmental Protection Agency (CalEPA) analysis of demographic and environmental factors, only four Census tract parcels within the District would have been eligible for funding. However, the accepted amendments now also include eligibility for “Low-Income Communities” defined under California Health and Safety Code 39713. This code utilizes a California Housing and Community Development (HCD) definition based on median income relative to an Area Median Income (AMI). Twenty-three Census tracts are eligible under this definition. Please see Attachment 3 for maps illustrating the difference and the location of eligible areas and Attachment 4 for a comparison of the eligibility definitions. Consistency with District Legislative Program: District Priority: Every Kid in a Park Initiative: The District supports national and state efforts to mobilize children and parents to visit and enjoy America’s outdoor spaces to encourage the next generation to discover America’s public lands and waters. This bill would provide technical and funding resources to assist nonprofit partners with transportation logistics and expenses to help organize and bring members of the public, including first-time visitors, to experience their local public open space preserves. FISCAL IMPACT There is no fiscal impact associated with this briefing. BOARD COMMITTEE REVIEW LFPAC reviewed the submitted bill and referred it to the full Board with a recommended support position. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS If approved by the Board, AB 2614 (Carrillo), the District’s position will be communicated to the bill author and the Senate Appropriations Committee. ATTACHMENTS Attachment 1 – AB 2614 (Carrillo) (As amended July 3, 2018) Attachment 2 – AB 2614 Fact Sheet (As Amended July 3, 2018), including list of supporters R-18-88 Page 3 Attachment 3 – AB 2614 eligibility comparison Attachment 4 – Eligibility definition comparison Responsible Department Head: Christine Butterfield, Acting Assistant General Manager Prepared by: Joshua Hugg, Governmental Affairs Specialist AMENDED IN SENATE JULY 3, 2018 AMENDED IN ASSEMBLY APRIL 18, 2018 california legislature—2017–18 regular session ASSEMBLY BILL No. 2614 Introduced by Assembly Member Carrillo (Coauthors: Assembly Members Friedman, Eduardo Garcia, Limón, and Gonzalez Fletcher) Gonzalez Fletcher, and Limón) February 15, 2018 An act to add Chapter 3.4 (commencing with Section 5660) to Division 5 of the Public Resources Code, relating to outdoor experiences. legislative counsel’s digest AB 2614, as amended, Carrillo. Outdoor experiences: disadvantaged youth. community access program: grant program. Existing law establishes in state government the Natural Resources Agency, consisting of various departments, including the Department of Parks and Recreation, the California Coastal Commission, and the State Coastal Conservancy. Existing law, the State Urban Parks and Healthy Communities Act, requires the Director of Parks and Recreation to develop a competitive grant program to assist state parks, specified state conservancies, urbanized and heavily urbanized local agencies, and community-based organizations within those jurisdictions to provide outdoor educational opportunities to children. This bill would require the Natural Resources Agency to survey school districts, as provided, to identify school districts that offer bus transportation services from a school of the school district to a nonprofit 97 Attachment 1 organization that provides services to pupils of that school district. The bill would require the agency, based on the survey, to compile a list of schools within a school district that offer those bus transportation services, as specified. The bill would require the agency, upon request, to provide the list to a nonprofit organization or state agency that provides outdoor experiences to disadvantaged youth. develop and implement a community access program focused on engagement programs, technical assistance, or facilities that maximize safe and equitable physical admittance, especially for low-income and disadvantaged communities, to natural or cultural resources, community education programs, or recreational amenities. The bill would require authorize the agency to develop a grant program for innovative transportation projects that provide disadvantaged and low-income youth with access to outdoor experiences, as specified. The bill would require the agency, before developing guidelines for the grant program, to consult with the Department of Parks and Recreation, the California Coastal Commission, and the State Coastal Conservancy. This bill would make a finding that providing children with access to outdoor experiences increases school performance, builds civic behavior, and improves the overall well-being of California’s citizens and communities. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Chapter 3.4 (commencing with Section 5660) is line 2 added to Division 5 of the Public Resources Code, to read: line 3 line 4 Chapter 3.4. Enhancing Community Access to the line 5 Outdoors line 6 line 7 5660. (a)  The Legislature finds and declares all of the line 8 following: line 9 (b)  Providing children and underserved communities with access line 10 to outdoor experiences increases school performance, builds civic line 11 behavior, and improves the overall well-being of California’s line 12 residents and communities. line 13 (c)  Experiences in natural lands are important to the continuing line 14 stewardship of our natural resources. 97 — 2 —AB 2614 Attachment 1 line 1 (d)  The mission of the Natural Resources Agency is to restore, line 2 protect, and manage the state’s natural, historical, and cultural line 3 resources for current and future generations using creative line 4 approaches and solutions based on science, collaboration, and line 5 respect for all of the communities and interests involved. line 6 5660.1. For purposes of this chapter, the following terms have line 7 the following meanings: line 8 (a)  “Agency” means the Natural Resources Agency. line 9 (b)  “Disadvantaged communities” means communities identified line 10 pursuant to Section 39711 of the Health and Safety Code. line 11 (c)  “Low-income communities” has the same meaning as the line 12 term is defined in Section 39713 of the Health and Safety Code. line 13 5661. (a)  The agency shall develop and implement a line 14 community access program focused on engagement programs, line 15 technical assistance, or facilities that maximize safe and equitable line 16 physical admittance, especially for low-income and disadvantaged line 17 communities, to natural or cultural resources, community line 18 education programs, or recreational amenities. Community access line 19 provided under the program may include any, or any combination, line 20 including all, of the following components: line 21 (1)  Transportation. line 22 (2)  Physical activity programming. line 23 (3)  Resource interpretation services. line 24 (4)  Multilingual translation services. line 25 (5)  Natural science. line 26 (6)  Workforce development and career pathways. line 27 (7)  Education. line 28 (8)  Communication related to water, parks, climate, coastal line 29 protection, and other outdoor pursuits. line 30 (b)  In advancing approaches to improve access under the line 31 program, the agency shall work with all entities that comprise the line 32 agency under Section 12805 of the Government Code, to ensure line 33 that community access is prioritized within relevant programs that line 34 make public lands accessible to the public. line 35 5662. (a)  The agency may, in consultation with the entities line 36 that comprise the agency under Section 12805 of the Government line 37 Code, develop a grant program within a state department for line 38 innovative transportation projects that provide disadvantaged and line 39 low-income youth with access to outdoor experiences. 97 AB 2614— 3 — Attachment 1 line 1 (b)  Priority for funding under the grant program shall be line 2 provided to a nonprofit organization or state agency to cover the line 3 cost of transportation services from schools, organizations, line 4 institutions, and other locations in furtherance of providing new line 5 and expanded outdoor experiences for disadvantaged and line 6 low-income youth. line 7 SECTION 1. Chapter 3.4 (commencing with Section 5660) is line 8 added to Division 5 of the Public Resources Code, to read: line 9 line 10 Chapter 3.4. Enhancing Disadvantaged Youth Access line 11 to Outdoor Experiences line 12 line 13 5660. The Legislature finds and declares that providing children line 14 with access to outdoor experiences increases school performance, line 15 builds civic behavior, and improves the overall well-being of line 16 California’s residents and communities. These experiences are line 17 also important to the continuing stewardship of our natural line 18 resources. line 19 5660.1. For purposes of this chapter, “agency” means the line 20 Natural Resources Agency. line 21 5661. (a)  (1)  The agency shall survey school districts to line 22 identify school districts that offer bus transportation services from line 23 a school of the school district to a nonprofit organization that line 24 provides services to pupils of that school district. line 25 (2)  In conducting the survey required pursuant to paragraph (1), line 26 the agency may collaborate with the State Department of line 27 Education, including, but not limited to, the State Department of line 28 Education’s California Regional Environmental Education line 29 Community Network program, to assist in the compiling of the line 30 needed information. line 31 (b)  The agency, based on the information obtained pursuant to line 32 subdivision (a), shall compile a list of schools within a school line 33 district that offer bus transportation services described in line 34 subdivision (a). The list shall include, but not be limited to, the line 35 school district’s name, the name and location of the school within line 36 the school district that is providing the bus transportation service, line 37 contact information of the school, and a description of the nonprofit line 38 organization’s general cost for bus transportation from that school, line 39 including whether the transportation service is provided at the line 40 actual or a reduced cost. The agency, upon request, shall provide 97 — 4 —AB 2614 Attachment 1 line 1 the list to a nonprofit organization or state agency that, through a line 2 program, provides outdoor experiences to disadvantaged youth. line 3 5662. (a)  The agency shall develop a grant program for line 4 innovative transportation projects that provide disadvantaged youth line 5 with access to outdoor experiences. The program shall include, line 6 but is not limited to, both of the following: line 7 (1)  Grants that provide funding to a nonprofit organization or line 8 a state agency to cover the cost of transportation services from a line 9 school on the list created pursuant to subdivision (b) of Section line 10 5661 in furtherance of providing new and expanded outdoor line 11 experiences to disadvantaged youth. line 12 (2)  Grants to provide a rebate to a nonprofit organization or line 13 state agency to assist the nonprofit organization or state agency in line 14 purchasing a low-emission bus that is primarily used to provide line 15 transportation services from a school on the list created pursuant line 16 to subdivision (b) of Section 5661 in connection with programs line 17 that provide new and expanded outdoor experiences to line 18 disadvantaged youth. line 19 (b)  On or before July 1, 2019, the agency shall develop line 20 guidelines for the grant program described in subdivision (a). line 21 Before developing the guidelines, the agency shall consult with line 22 the department, the California Coastal Commission, and the State line 23 Coastal Conservancy. O 97 AB 2614— 5 — Attachment 1 Version: Amended 7/3/18 | Page 1 This bill would require the Natural Resources Agency to develop a community access program to help Californians, particularly low-income and disadvantaged communities make use of natural or cultural resources, education and recreation. Many underprivileged young people in California have little to no access to outdoor experiences. This is especially pervasive in urban areas among communities of color where children have limited means to travel to and from outdoor areas. While these youth often live near parks and beaches, they cannot reach them. Access to the outdoors has numerous benefits for young people. It provides them with physical activity and promotes health and mental wellness. Additionally, students with access to outdoor experiences generally perform better in school and exhibit higher levels of academic engagement. From an educational standpoint, providing access to the outdoors can encourage a greater understanding of environmental issues, including natural resources management and environmental justice. Familiarity with these issues also helps engender a sense of civic engagement and pride in one’s community. Numerous worthy non-profit organizations, as well as state agencies, lack the funding and means necessary to serve a broader range of people, particularly where community access is concerned. This is glaringly obvious with outdoor experiences for low-income and disadvantaged communities. This bill would task the Natural Resources Agency with creating a community access program to enable Californians to reach and make use of natural or cultural resources, education and recreation. This will be accomplished by codifying the community access provisions that are eligible for funding from several sources, including but not limited to, the recently-passed Proposition 68, and making the provision of community access a permanent responsibility of the agency. The bill would also create a grant program that would provide additional monetary support to foster more access to the outdoors and uplift the many young people who are denied these advantageous outdoor experiences. Bear Yuba Land Trust Big Sur Land Trust California Association of Local Conservation Corps California Outdoor Recreation Partners California Park & Recreation Society California State Parks Foundation California Tahoe Alliance County of Santa Clara East Bay Regional Park District Eastern Sierra Land Trust Environment California Latino Outdoors Los Angeles River State Park Partners Mammoth Lakes Recreation Mojave Desert Land Trust Assembly Bill 2614: Enhancing Disadvantaged Youth Access to Outdoor Experiences - Fact Sheet SUMMARY BACKGROUND AND PROBLEM SOLUTION SUPPORT Attachment 2 Version: Amended 7/3/18 | Page 2 Mountains Recreation & Conservation Authority Movement Science Sport & Leisure Studies, Westfield State University National Interscholastic Cycling Association Outdoor Afro Outdoor Industry Association Placer Land Trust Santa Clara Valley Open Space Authority Save the Redwoods League Sierra Business Council Sierra Foothill Conservancy Sierra Nevada Alliance Sonoma County Agricultural Preservation & Open Space District The Trust for Public Land Truckee Donner Land Trust Wild Places Wildlands Conservancy None on file. Brandon P. Seto Legislative Director Office of Assemblymember Wendy Carrillo State Capitol Room 2160 916-319-2051 Brandon.Seto@asm.ca.gov OPPOSITION STAFF CONTACT Attachment 2 Attachment 3 AB 2614 (Carrillo) Eligibility Defined by HSC 39711 (Pre-amendment) AB 2614 (Carrillo) Eligibility Defined by HSC 39711, plus HSC 39713 (Post-amendment) Attachment 4 Comparison of California Health and Safety Code Sections That Pertain to Disadvantaged Communities in AB 2614 (Carrillo) Across California’s governing code, there are several definitions that pertain to populations that are underserved, under-resourced, disadvantaged, at-risk, low-income, etc. Originally, AB 2614 (Carrillo) only referenced HSC 39711, which provided very little eligibility to areas within District boundaries. However, after it was amended on July 3, 2018, the bill now utilizes two definitions – Disadvantaged Communities defined under Health and Safety Code (HSC) Section 39711 and Low-Income Communities defined under HSC 39713. This combined eligibility provides significantly more opportunities to serve constituencies within the District that encounter barriers to access Midpen preserves and other outdoor experiences. Both definitions can be found here in the California Code: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=26.&title=&par t=2.&chapter=4.1.&article= Each definition is intended to focus on a particular characteristic, or set of characteristics, but ultimately they are intended to assist in the identification of areas of a community that is struggling. DISADVANTAGED COMMUNITIES: Health and Safety Code (HSC) Section 39711. (a) The California Environmental Protection Agency shall identify disadvantaged communities for investment opportunities related to this chapter. These communities shall be identified based on geographic, socioeconomic, public health, and environmental hazard criteria, and may include, but are not limited to, either of the following: (1) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. (2) Areas with concentrations of people that are of low income, high unemployment, low levels of homeownership, high rent burden, sensitive populations, or low levels of educational attainment. (b) The California Environmental Protection Agency shall hold at least one public workshop prior to the identification of disadvantaged communities pursuant to this section. (c) Chapter 3.5 (commencing with Section 11340) of the Part 1 of Division 3 of Title 2 of the Government Code does not apply to the identification of disadvantaged communities pursuant to this section. (Amended by Stats. 2014, Ch. 36, Sec. 5. (SB 862) Effective June 20, 2014.) Analysis The demographic and environmental analysis to determine Disadvantaged Communities by the California Environmental Protection Agency (CalEPA) is called “CalEnviroScreen.” Analysis and map results for CalEnviroScreen 3.0 can be found here: https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30 LOW-INCOME COMMUNITIES: Health and Safety Code (HSC) Section 39713. Attachment 4 (d) (2) “Low-income communities” are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093. Health and Safety Code (HSC) Section 50093. “Persons and families of low or moderate income” means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. However, the agency and the department jointly, or either acting with the concurrence of the Secretary of Business, Consumer Services and Housing, may permit the agency to use higher income limitations in designated geographic areas of the state, upon a determination that 120 percent of the median income in the particular geographic area is too low to qualify a substantial number of persons and families of low or moderate income who can afford rental or home purchase of housing financed pursuant to Part 3 (commencing with Section 50900) without subsidy. “Persons and families of low or moderate income” includes very low income households, as defined in Section 50105, extremely low income households, as defined in Section 50106, and lower income households as defined in Section 50079.5, and includes persons and families of extremely low income, persons and families of very low income, persons and families of low income, persons and families of moderate income, and middle-income families. As used in this division: (a) “Persons and families of low income” or “persons of low income” means persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division. (b) “Persons and families of moderate income” or “middle-income families” means persons and families of low or moderate income whose income exceeds the income limit for lower income households. (c) “Persons and families of median income” means persons and families whose income does not exceed the area median income, as adjusted by the department for family size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. As used in this section, “area median income” means the median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. In the event these federal determinations of area median income are discontinued, the department shall establish and publish as regulations income limits for persons and families of median income for all geographic areas of the state at 100 percent of area median income, and for persons and families of low or moderate income for all geographic areas of the state at 120 percent of area median income. These income limits shall be adjusted for family size and shall be revised annually. For purposes of this section, the department shall file, with the Office of Administrative Law, any changes in area median income and income limits determined by the United States Department of Housing and Urban Development, together with any consequent changes in other derivative income limits determined by the department pursuant to this section. These filings shall not be subject to Article 5 (commencing with Section 11346) or Article 6 (commencing with Section Attachment 4 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, but shall be effective upon filing with the Office of Administrative Law and shall be published as soon as possible in the California Regulatory Code Supplement and the California Code of Regulations. The department shall establish and publish a general definition of income, including inclusions, exclusions, and allowances, for qualifying persons under the income limits of this section and Sections 50079.5, 50105, and 50106 to be used where no other federal or state definitions of income apply. This definition need not be established by regulation. Nothing in this division shall prevent the agency or the department from adopting separate family size adjustment factors or programmatic definitions of income to qualify households, persons, and families for programs of the agency or department, as the case may be. (Amended by Stats. 2013, Ch. 352, Sec. 371. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) Analysis Analysis and mapping results for Low-Income Communities can be found here: https://www.arb.ca.gov/cc/capandtrade/auctionproceeds/communityinvestments.htm Rev. 1/3/18 R-18-90 Meeting 18-30 July 25th, 2018 AGENDA ITEM 7 AGENDA ITEM Award of Contract for State and Federal Waters Environmental Permitting Services GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Horizon Water and Environment, LLC., to provide state and federal waters environmental permitting services in an amount not to exceed $93,209. 2. Authorize a 7% contingency of $6,525, to be awarded only if necessary, to cover unanticipated issues, for a total contract amount not to exceed $99,734. SUMMARY Midpeninsula Regional Open Space District (District) regularly obtains many environmental permits for ongoing maintenance, operations, and new construction activities for protected waters and species. The District utilizes a mix of “programmatic” permits that cover many activities across District boundaries and “individual” permits that cover specific projects. The proposed contract of $99,734 would provide consultant services to develop and obtain programmatic federal and state permits from the US Army Corps of Engineers (Corps) and Regional Water Quality Control Board (RWQCB) to cover ‘routine maintenance’ activities and as many capital projects identified in the 5-year capital improvement program as feasible. The Fiscal Year 2018-19 Budget includes sufficient funds for the proposed contract. DISCUSSION Background Environmental permits largely fall within two categories: water and wildlife, which derive from the Clean Water Act and Endangered Species Act respectively, each having state and federal versions. Much of the District’s work that generates the need for environmental permitting is centered around avoiding or controlling water as it intersects with District infrastructure, including trails, roads, bridges, and ponds. Additionally, many of the protected species on District preserves (e.g. California red-legged frog, San Francisco garter snake, western pond turtle) are associated with these aquatic habitats and obtaining permits for potential impacts to these species becomes a component of the environmental permitting process. Therefore, most projects require species and water-related permits from both state and federal agencies (see Attachment 1 and Table 1). The District has experienced a significant increase in the number of permits that need to be secured given the recent growth of the maintenance and capital programs. R-18-90 Page 2 Although the California Department of Fish and Wildlife issued a 5-year renewal of the District’s Routine Maintenance Agreement (RMA), the RWQCB have conditioned the renewal or extension of their RMA with the District to the District obtaining a similar agreement with the Corps to cover the federal waters jurisdiction. By securing a similar agreement with the Corps, the RWQCB can fulfill its shared duty under the Clean Water Act. The RMA, covering the majority of the District’s maintenance activities that intersect State waters jurisdiction, is set to expire at the end of the 2018 construction season. The impact of losing this routine maintenance permit would mean that the District’s routine projects will have to obtain individual permits, requiring additional staff and consultant resources, and adding significant time and cost to deliver ‘routine’ projects. Therefore, renewal of the RMA is a high priority. As stated previously, renewal of the RMA is predicated on the District also securing a programmatic Federal waters permit, which is estimated to require three years. Although this is a long timeframe, staff is hopeful that the RWQCB will extend the current RMA if the District is able to demonstrate progress in obtaining the Federal permit from the Corps. Obtaining a Federal waters permit (AKA ‘Regional General Permit”) from the Corps also entails the Corps consulting with US Fish and Wildlife Service (USFWS) to ensure Federally-listed species (e.g. San Francisco garter snake, California red-legged frog) are adequately protected under the Endangered Species Act. This “Section 7” consultation will add to the suite of wildlife- related permits that the District currently has and will facilitate the delivery of routine and capital projects. Table 1. State and Federal Environmental Permits for District Projects Permit Type Agencies Current Permit Approach Potential Future Approach Federal Wildlife US Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) Mixed: programmatic “recovery” permit for some species/activities and some individual permits Comprehensive: Section 7 consultation for Corps-jurisdiction projects Federal Water US Army Corps of Engineers (Corps) Individual permits specific to different activities Comprehensive: 404 Regional General Permit covering most activities State Wildlife California Department of Fish and Wildlife (CDFW) Mixed: programmatic “routine maintenance agreement” and individual permits for new facilities (roads, trails, parking lots), or large (non-routine) projects Comprehensive: Recently obtained expanded activities covered under programmatic agreement State Water Regional Water Quality Control Board (RWQCB) Mixed: programmatic “routine maintenance agreement” and individual permits for new facilities or large (non- routine) projects Comprehensive: Programmatic “Stream Maintenance Program” covering most activities R-18-90 Page 3 The primary drivers for a change to the status quo permitting approach are: • Expiring Routine Maintenance Agreement (RMA) with RWQCB • Request from RWQCB to obtain a Regional General Permit/Clean Water Act, Section 404 Permit from the Corps to renew the RMA • A lack of programmatic Federal wildlife coverage for projects that are not species ‘recovery’ activities (i.e. public access/development projects). • Ensuring most if not all District activities are covered by programmatic permits • Reduce project delay, cost and uncertainty caused by long individual Corps permit processes • Avoid inconsistent mitigations that are in conflict and/or difficult to track • Reduce impacts to staff time from obtaining individual permits Project Approach Staff is recommending a phased approach to this project in order to accommodate scope uncertainties arising from permitting agency consultations and requests (such as requests for further review or delayed response times). This work will begin with a first phase of defining permitting needs, including the scale and types of projects requiring permit coverage. This will be determined by reviewing the capital project program, the Vision Plan, Measure AA, restoration projects, and past and future routine projects (i.e. summarize project activities). The consultant will then work with staff to determine which types of routine and capital projects will be included in the permits. The consultant will complete this first phase of work by meeting with the Corps, USFWS, and RWQCB to negotiate and determine an agreed upon permitting approach given District needs and the regulatory requirements. Once a permitting approach has been identified with regulatory agency input, staff will work with the consultants to develop a scope of work to complete the second contract phase and obtain the permit coverage. This work will be a more extensive effort than the first phase, because it will likely require extensive technical analysis to obtain the permits. This work may include developing a ‘Routine Maintenance Program Manual’, wetlands delineations, assessment of biological and environmental resources, cultural resources analysis, and the permit applications themselves, including an Initial Study/Environmental Assessment to comply with CEQA and NEPA and any other environmental review documents. Staff estimates this second phase of work to cost approximately $400,000, and will return to the Board for authorization to amend the contract for the second phase at a later time after the final required deliverables are confirmed. Consultant Selection On April 10, 2018, staff released a Request for Proposals for these services. On May 7, three (3) proposals were received and interviews were held on May 25 and 31 with Horizon Environment and Water LLC., and ICF Jones & Stokes, Inc., respectively. The third firm submitting a proposal, WRECO, was not interviewed due to a lack of experience with programmatic permitting. After reviewing all proposals and conducting interviews, the General Manager recommends entering into a contract with Horizon Water and Environment, LLC., as the most qualified with the best proposed approach to provide these services at a fair and reasonable price. Horizon is well experienced in applying for and obtaining similar permits for Santa Clara Valley Water District, San Jose Water Company, and is currently under contract with San Mateo County for similar services. R-18-90 Page 4 FISCAL IMPACT There are sufficient funds in the project budget to cover the cost of the base contract and the contract contingency. 80034-44 PRIOR YEAR ACTUAL S FY18-19 FY19-20 FY20-21 FUTURE YEARS TOTAL Endangered Species Act Programmatic Permitting Budget $13,123 $100,000 $100,000 $50,000 $75,000 $338,123 Spent-to-Date (as of 6/12/2018): $13,123 $0 $13,123 Encumbrances: $0 $0 Proposed Award of Contract (base contract) : $93,209 $93,209 Proposed Award of Contract (7% contingency) : $6,525 $6,525 Budget Remaining (Proposed): $0 $266 $100,000 $50,000 $75,000 $225,266 BOARD COMMITTEE REVIEW This item has not been previously reviewed by a Board Committee. 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, the consultants will review the Vision Plan, Measure AA, and routine maintenance projects; meet with District staff and the regulatory agencies; and develop a permitting strategy and approach to obtain the necessary permits. This first phase of work is estimated to take approximately nine months, pending agency feedback. The consultant will then prepare a scope of work and budget to obtain the permits, which will include agency negotiations, permit applications, technical studies in support of the permits, mitigation strategies, and an initial study/environmental assessment as part of the CEQA/NEPA process. This second phase of work and contract will return to the Board for consideration. Attachment 1. Jurisdictional Conceptual Diagram R-18-90 Page 5 Responsible Department Head: Kirk Lenington, Natural Resources Department Manager Prepared by: Aaron Hébert, Water Resources Specialist Julie Andersen, Resource Management Specialist III Contact person: Aaron Hébert, Water Resources Specialist Graphics prepared by: Jamie Hawk, GIS Data Analyst I Attachment 1 R-18-93 Meeting 18-30 July 25, 2018 AGENDA ITEM 8 AGENDA ITEM Measure AA Bond Oversight Committee Appointments GENERAL MANAGER’S RECOMMENDATION Select and appoint the members to serve on the Measure AA Bond Oversight Committee for the three vacant positions from the candidates listed in the staff report. SUMMARY AND DISCUSSION Measure AA requires formation of a bond oversight committee (Committee) to review bond expenditures to verify conformity with the adopted expenditure plan. During May and June 2018, staff advertised for the three openings on the Committee that had terms expiring and received five applications. The Board of Directors (Board) interviewed the five applicants at a special meeting on July 11, 2018. Based on the process approved at the January 13, 2016 Board meeting, the Board will select three applicants to fill the current Committee vacancies. The terms will be effective July 1, 2018, and the three appointees will serve through the end of June 2022. The Committee is made up of seven seats, and the other four terms will end in 2020. The names of the interviewed applicants are listed below. • Barbara Adey • Carla Dorow • Biz Eischen • Denise Gilbert • Timothy Tomlinson The process for appointing the three Committee members will be as follows: 1. The District Clerk will provide ballots listing all five applicants’ names. 2. Each Board member will rank all five applicants in order of preference, and the District Clerk will tabulate the results. 3. The three applicants receiving the highest rankings will be appointed to the Committee. In the event of a tie, another round of voting will be held with each Board member having the same number of votes as unfilled Committee seats. The District Clerk will then tabulate the results. 4. If any ties remain, the General Counsel shall choose the Committee members for the open seats by drawing lots from among those applicants receiving the tied votes. R-18-93 Page 2 In the event of an unexpected Committee vacancy prior to the recruitment of new Committee members in 2020, the Board may choose to appoint one of the remaining applicants fill the vacancy without conducting a separate recruitment. FISCAL IMPACT There is no fiscal impact associated with the appointment of the Committee members. BOARD COMMITTEE REVIEW The applications were reviewed and the applicants interviewed by the full Board of Directors. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Additional notices were sent to the Measure AA mailing list. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon appointment to the Committee, the District Clerk will notify all candidates of their appointment or non-appointment. Appointed Committee members will be invited to take the oath of office at the August 22, 2018 Board meeting. Responsible Department Head: Ana Ruiz, General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager Rev. 1/3/18 R-18-92 Meeting 18-30 July 25, 2018 AGENDA ITEM 9 AGENDA ITEM Update to the Resource Management Policies, Water Resources Section GENERAL MANAGER’S RECOMMENDATIONS Approve the proposed revisions to the Water Resources policy section of the Water Resources Policy, as unanimously recommended by the Planning and Natural Resources Committee. SUMMARY The Board of Directors (Board) adopted the Midpeninsula Regional Open Space District’s (District) Resource Management Policies in 1994 and subsequently revised these policies in 2012 (R-12-05) and 2014 (R-14-148). In 2016, Midpen hired a Water Resources Specialist to develop and implement a water resources program. As part of this work, staff has identified water policy gaps and new issues that have emerged since the revision and adoption of the Water Resources Chapter of the Resource Management Policies in 2012. Correspondingly, the General Manager is proposing additions to the water resources section of the policies pertaining to water diversions, and consumptive water use and management, as well as several revisions to improve clarity and the organization of the water resources section On April 30, 2018, the Planning and Natural Resources Committee reviewed the Water Resources Policy revisions and directed the General Manager to seek feedback from key stakeholders and incorporate feedback as appropriate into the water resources policy. The feedback did not generate additional revisions and is summarized below for Board consideration. Attachment 1 presents the proposed policy revisions (refer to highlighted sections). DISCUSSION The Resource Management Policies cover all District property, including lands located in the San Mateo County Coastal Service Plan area (R-03-12). The Resource Management Policies serve as the principal policy governing resource management issues to guide the day to day work of staff and inform the public on District policies and priorities. The Resource Management Policies also serve as a framework for evaluating the benefits and impacts of ‘outside projects’ (i.e. projects proposed by other landowners) on the integrity of the District’s natural resources. Much of the original text from 1994 remains in the current policy. The 2012 update, among other broad changes, added water resources policies to improve watershed coordination, fisheries habitat, and ponds/wetlands management. The 2014 revision included an update to policies affecting the Integrated Pest Management Program. R-18-92 Page 2 In 2016, the District hired a Water Resources Specialist to develop and implement a water resources program because of the technical knowledge required to steward the District’s water resources and complex regulatory and permitting environment associated with these resources. As part of this work, the Water Resource Specialist has identified new policy areas and issues that have emerged since the most recent 2014 review of the Resource Management Policies. Below are the proposed new substantive additions to the water resources section, which pertain to consumptive water use and management, and water diversions. Substantive Policy Changes: The current focus of the water resources policy section is on sediment delivery from District roads and trails (i.e. water quality impacts). The current policies do not sufficiently address the diversion and use of water to support various District operations (residential, grazing, agriculture, and offices). Staff propose policy additions to more clearly define a framework for encouraging ecologically- sensitive water diversion and use that achieves a balance between consumptive uses and needs with natural resource protection. Because the District diverts water to meet its operational objectives, assessing and addressing the potential ecological impacts of those diversions is important to ensure protection of the environment and the sustainability of natural water resources and water-dependent ecological functions. As part of this work, alternate water sources and new water storage infrastructure would be evaluated to determine the best approach to balance the goals and needs for consumptive operational uses and resource management. The proposed revisions are summarized below. These policy revisions reflect either State policy or law and/or are best management practices (BMPs). Table 1. Water Policy Revisions Summary Table Proposed Policy Revision Statement Similar to State Policy or Law BMPs Review outside projects for potential water resource impacts (WR-1)  Monitor water diversions and use water efficiently (WR-4)   Evaluate new water sources and balance operational and environmental needs (WR-4)   Avoid direct stream diversion when other water sources exist (WR-6)  Evaluate water storage options (WR-6 and WR-8)   Develop drought management strategies (WR-8)   R-18-92 Page 3 Stakeholder Feedback Summary Staff solicited input on the water resources policy updates from: the Santa Clara Valley Water District, San Mateo Resource Conservation District, San Mateo County Department of Agriculture, Weights and Measures, and the San Mateo County Farm Bureau. Feedback from these stakeholders is summarized below: Santa Clara Valley Water District: No Comments Received. San Francisco Bay Regional Water Quality Control Board: No Comments Received. San Mateo County Resource Conservation District: No Comments Received. San Mateo County Department of Agriculture, Weights and Measures: The Department of Agriculture Commissioner noted that habitat preservation and agriculture are not mutually exclusive, the development of additional water sources provide climate change resiliency for environmental and agricultural uses, off-stream sheetflow ponds can provide groundwater recharge, and the need for programmatic endangered species act (ESA) permitting for water storage projects. The Commissioner also posed the question of whether setting priorities among water users during a drought is necessary. These comments are covered by the updated policies. ESA permitting for storage projects would benefit species and agricultural users and is supported by the policy. The District has supported the San Mateo RCD in their efforts to implement storage projects and obtain regulatory streamlining for those projects. The policy does not set specific priorities among user types, but the policy directs staff to evaluate each project or issue on a fact-specific basis evaluating numerous factors. San Mateo County Farm Bureau: On June 26, 2018, staff met with the San Mateo County Farm Bureau Board Executive Committee and the Executive Director (collectively ‘Farm Bureau’). The Farm Bureau highlighted the importance of water to agriculture on the San Mateo Coast and in particular the role of impoundments (dams, lakes, ponds, etc.) to store water for agricultural uses. The Farm Bureau noted the importance of periodic maintenance to ensure that these water storage facilities retain their storage capacity. Bureau members had general questions about how the District worked with tenants on agricultural lands to ensure adequate supplies while being protective of the ecosystem, and whether the policy prioritized ecosystems or agriculture. Staff addressed these comments by noting the policy directs staff to look at the merits of each project individually while considering multiple factors, many of which address the concerns they identified. FISCAL IMPACT The proposed policy updates have no direct fiscal impact. Projects implemented consistent with the new policy, such as new water storage systems or resilient water supplies, will carry direct R-18-92 Page 4 implementation costs, which may either reduce or increase future operational costs as compared to the pre-existing water systems. BOARD COMMITTEE REVIEW On April 30, 2018, the Planning and Natural Resources Committee reviewed the proposed changes to the water resources policies (R-18-35). One revision to the policy was made (see Attachment, WR-1 “Review and comment on”) and is notated in the policy with underline. The Committee recommended the General Manager review the proposed revisions with key stakeholders and forward the revisions to the Board of Directors for consideration and approval. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The water resources policy updates are not a project subject to the California Environmental Quality Act. Projects subsequently developed pursuant to the policies may require CEQA review. NEXT STEPS If approved, the updated water resources policies will be referred to by staff in the course of making recommendations to the Board or through project development subject to the General Manager’s approval. Attachment: 1. Water Resource Policy with major revisions highlighted, and with the edit requested by the Planning and Natural Resources Committee shown in underline. Responsible Department Head: Kirk Lenington, Natural Resources Department Manager Prepared by: Aaron Hébert, Water Resources Specialist 1 WATER RESOURCES BACKGROUND Water is essential to life on earth and is also one of the most important forces shaping habitats and biodiversity. District open space lands contain a variety of water resources that include such diverse habitats as freshwater wetlands (including ponds and seasonal wetlands) and watercourses, salt water tidal wetlands within San Francisco Bay, and groundwater resources such as springs, seeps, and underground aquifers. These water resources have natural, scenic, recreational, scientific, and educational values. In general, this policy will discuss waters (sag ponds, artificial impoundments, lakes, and aquifers), watercourses (such as streams and creeks), and wetlands. These terms are discussed further below. “Waters” is a term that is broadly used to describe all aquatic systems. This policy defines “waters” as areas of standing water, both seasonal and permanent, such as lakes and ponds, as well as underground aquifers. “Watercourse” is a generic term used to define any land feature that conveys concentrated water flow, regardless of whether the water flow is ephemeral, intermittent, or perennial. “Wetlands” are distinguished by the presence of water, either at the surface or within the root zone. Wetlands have unique soil conditions that differ from adjacent uplands and support vegetation adapted to wet conditions. Wetlands provide critical ecological functions and habitat for a variety of fish, wildlife, and plant species Wetlands are lands that are transitional between terrestrial and aquatic systems. The water table is usually at or near the surface, or land is covered by shallow water. Some functions of wetlands include the following: provide habitat for fish and aquatic wildlife, offer foraging habitat or water for terrestrial wildlife and birds, absorb flood waters, reduce erosion, recharge aquifers, cleanse pollutants, provide aesthetic values, support unique plant associations, and provide habitat for many rare species of plants and wildlife. In California, wetlands of all types have been greatly reduced in area from their historic extent and are being rapidly lost or adversely impacted. Watersheds Within the District District Preserves are located within 22 major watersheds extending from the Pacific Ocean in San Mateo County to the baylands in San Mateo and Santa Clara Counties. Watersheds are land or “basins” within which all precipitation within a given watershed drains to a single body of water, often a creek or stream. Many of the District’s lands are located within the headwaters or uppermost sections of these watersheds. Most preserve watersheds contain steep ridges and deep canyons typical of the Santa Cruz Mountains. Rainfall occurs mostly between November and April with seasonal rainfall totals varying greatly within the District. The greatest rainfall quantities occur along the west facing slopes near the summit of the mountain range where totals can reach 40 to 50 inches per year, however, averages around 20 to 30 inches per year are more typical. In the Santa Cruz Mountains, fog accounts for approximately 10-20 inches of this precipitation, much of which is delivered in the dry summer months. Many smaller creeks and streams are intermittent, reflecting this seasonal distribution of rainfall. Winter flows are higher, especially during and immediately following storms. Attachment 1 2 The Influence of Water Movement Water flows in predictable patterns on the surface, through rocks beneath the soil, and in underground water tables. Plants and animals are adapted to specific movement patterns of water, sediment, and nutrients occurring in their area. A significant change in any of these factors may reduce or eliminate original species in favor of those better able to survive in the new conditions. Maintaining and restoring hydrologic patterns is important in maintaining healthy ecosystems. The condition of soil and vegetation influences the rate at which water moves as well as its quality and quantity. Leaf litter acts as mulch that helps absorb and conserve rainwater. Maintaining a continuous cover of live and decomposing vegetation residue is the most successful long- term approach to controlling erosion and maintaining water quality and quantity. Water Management Within the District As rain falls on District Preserves, it is captured and transported through the ecosystem. These processes create high-quality water for the environment and people. District Preserves also support groundwater recharge that helps sustain summer and fall water availability and mitigate the impact of drought. The District is also dependent on water to fulfill its mission. District field offices require water for employees, equipment maintenance, dust control, and fire suppression. The District manages residential properties that are often located in areas without municipal supplies, thus relying on locally, naturally occurring water sources. Grazing operations that manage grasslands for multiple benefits require water in remote areas. Irrigation supports farming that provides local food. The District manages ponds that support aquatic and terrestrial wildlife. In the semi-arid region of the Santa Cruz Mountains, restoration of stream and aquatic ecosystems is a priority for managing ecosystems. The District relies on a variety of water sources. Springs are captured and developed to provide water to people and livestock with the goal of allowing wildlife access to the spring water. Wells capture deeper groundwater sources and require energy to pump the water to the surface. Streamflow can be captured by small impoundments or pumps and diverted to the place it is needed. These waters are often stored to provide water during the dry seasons in tanks or ponds Water Resource Issues Wetlands and watercourses on the District’s open space lands provide valuable and increasingly scarce habitat for a variety of native plant and animal species as well as many special status species. Where aquatic habitat is not directly present on District lands, runoff from District lands supports habitats downstream, a connection that should be recognized Groundwater is water that is held underground in soil or pores and crevices in bedrock Surface water is found in streams, rivers, ponds, and lakes. Springs are a type of groundwater that surfaces at a point on the land. Consumptive use is the amount of water that is used by people, livestock, or crops that is unavailable to the environment after use. Attachment 1 3 and preserved. Issues associated with the management of water resources and water quality include erosion and sedimentation, excessive diversion of water for consumptive use, severe erosion following wildland fires, agricultural runoff, pesticides and fertilizers, septic system wastewater disposal, stormwater runoff, flooding, drought, climate change, associated sea level rise, and chemical contamination from neighboring areas or from former use of preserve lands. Attachment 1 4 WATER RESOURCES GOALS, POLICIES, AND IMPLEMENTATION MEASURES Policy WR-1 Protect surface and ground water from contamination. ♦ Inventory existing facilities and uses that affect watercourses, riparian areas, and wetlands, and prepare plans for protection or restoration, as appropriate. ♦ Research and pursue cleanup of likely sources of pollution, such as buried fuel tanks, improperly dumped or stored material, and faulty waste or drainage systems. ♦ Utilize self-contained sanitary facilities or place rest rooms where they cannot contaminate water sources. ♦ Control activities having a high potential for pollution. ♦ Properly decommission abandoned septic systems and avoid water quality impacts when constructing new septic systems. Manage active and abandoned wells to avoid groundwater contamination ♦ Regulate the type and intensity of human activity on District lands to protect water quality. ♦ Review and comment on offsite land use and water management projects and policies that affect District water resources. Recommend and support measures to maintain natural water quality, channel flow, and sedimentation rates on District lands. Policy WR-2 Restore, maintain or enhance water quality on District lands ♦ Manage vegetation to improve watershed productivity and water quality. ♦ Manage agricultural leases and easements to maximize the protection and enhancement of riparian areas and water quality. ♦ Monitor sediment delivery and transport on District preserves located within watersheds identified as impaired by sediment or supportive of special status animals requiring aquatic habitat. ♦ Coordinate with agencies and organizations to establish volunteer-based monitoring programs. Participate in regional watershed management activities. Policy WR-3 Minimize interference with natural flow of surface and ground water. ♦ Incorporate best management practices (BMPs) and develop stormwater pollution prevention plans (SWPPP) when required at staging areas. ♦ Inventory and assess roads and trails on District lands to identify significant erosion and sediment sources. Prioritize maintenance and road/trail management based on most Goal WR- Protect and restore natural water courses, wet- lands and hydrologic processes Contamination is man-made waste that has polluted the environment making it unfit or unsafe. Examples on District lands include deteriorated septic systems, underground storage tanks, leaking transformers, and trash and debris. Restoration and enhancement are terms that are sometimes used interchangeably when discussing habitat improvement projects. Restoration refers to the process of returning land that has been degraded and disturbed into functional habitat. Enhancement refers to the process of altering a habitat to provide specific ecosystem functions that may be missing; typically to provide habitat for endangered species. Attachment 1 5 severe erosion and sediment delivery sites. ♦ Manage human activities to control erosion--for example, abandon and where feasible restore to a natural condition poorly designed or sited roads to a natural condition, close certain trails to bicycle and equestrian use during the wet season, re-route existing trails to minimize erosion and sediment delivery. ♦ Restore hydrologic processes altered by past land uses by installing erosion control materials and structures, removing culverts and drainage diversions where appropriate, and using improved drainage structures that minimize alteration of hydrology. ♦ Minimize soil disturbance during all construction projects. ♦ Locate new trails to minimize potential water pollution and stream bank erosion and sediment delivery. ♦ Construct trails, roads, staging areas, and buildings so that streams are not permanently diverted nor interrupted, and runoff is not concentrated. Minimize creation of impermeable surfaces. ♦ Identify and mitigate significant impacts of altered water flow on plants and animals, including aquatic organisms. Policy WR-4 Manage Water Consumption to Balance Operational and Environmental Needs ♦ Phase in installation of water meters or other measures to monitor annual consumptive water use. ♦ Develop and regularly update BMPs for efficient water use in offices, field operations, residences, grazing, and farming. ♦ Evaluate and consider the environmental and operational benefits and tradeoffs of each water source for new projects. ♦ Evaluate and consider the construction and operational costs of each water source. ♦ Balance operational and consumptive use needs with the goal of maintaining healthy ecological functions. ♦ Provide technical assistance to lessees of District lands and owners of lands which the District has an agricultural easement on to secure water rights for the continuation or establishment of viable agriculture consistent with the protection of sensitive habitats (see Coastal Service Plan PA.2). Policy WR-5 Determine and maintain District water rights and utilization. ♦ Identify existing uses of surface water on newly acquired open space lands, as part of the purchase process. Protect appropriative and riparian water rights for appropriate and beneficial existing or possible future uses. Secure water rights for the continuation or establishment of viable agriculture and grazing on Two types of surface water use are recognized under California law: appropriative rights and riparian rights. Appropriative rights require a permit from the State Water Resources Control Board, which grants the right to use water on parcels not adjacent to the watercourse or to store water. Riparian rights are the rights of any owner of a parcel immediately adjacent to a watercourse to use water. Many of the District’s properties contain legacy logging and ranching roads that were not designed or constructed for year-round use. These road systems can greatly alter the flow of water across the land, causing erosion and sediment problems due to concentrated runoff from winter rains. Attachment 1 6 District land consistent with protection of sensitive habitats. Policy WR-6 Preserve and enhance fisheries habitats. (See WM policies) ♦ Inventory and assess stream reaches accessible to anadromous fish to identify impediments to fish passage and opportunities for habitat enhancement. ♦ Remove artificial barriers to fish passage where removal will enhance spawning and rearing habitats ♦ Enhance spawning and rearing habitats for native fisheries through restoration. Prioritize restoration and enhancement of areas providing habitat to sensitive species. ♦ Monitor sensitive fish species populations in District waters. ♦ Monitor water quality and condition of high priority aquatic habitats associated with District projects containing spawning, breeding, rearing habitat for special status fish, reptile, amphibian, or other aquatic species. ♦ Evaluate and consider the environmental benefits and construction/operational costs of off- stream storage facilities to minimize stream diversion and/or allow for the release of water into natural waterways during low flow seasons and implement accordingly. ♦ Avoid new direct stream diversion for consumptive uses where economically feasible alternative water sources exist, or the diversion captures the majority of flows, or the aquatic habitat would be substantially impaired. Explore alternate sources for existing in stream diversions. Policy WR-7 Preserve and enhance ponds and other wetland habitats. (See VM-1 and WM policies) ♦ Maintain ponds or other water bodies as wildlife watering sources as appropriate (See WM-2). • Inventory and assess ponds and wetlands to identify opportunities for habitat maintenance and enhancement. ♦ Monitor sensitive reptile, amphibian, and aquatic organism populations dependent on District wetlands. ♦ Preserve ponds through maintenance of artificial impoundment structures where ponds provide habitat for sensitive and other wildlife species. Policy WR-8 Develop seasonal and multi-year drought management strategies for District lands ♦ Evaluate and develop where appropriate wells and springs to create resilient water supplies. ♦ Identify and curtail diversions that strain naturally limited water sources, especially those that significantly impact special status species. ♦ Evaluate and implement where appropriate additional water storage infrastructure to store water when it is naturally abundant for later use during dry seasons. ♦ Evaluate and alter as appropriate water-intensive land management practices during drought conditions to reduce overall District-wide water consumption. Few of the ponds in the Santa Cruz Mountains are naturally occurring features. The majority of ponds were created as artificial impoundments that require ongoing management to maintain. Regardless of their origin, ponds provide wildlife access to a scarce resource (water) and greatly increase the diversity of species inhabiting the District’s lands. Attachment 1 DATE: July 25, 2018 MEMO TO: MROSD Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Lisa Bankosh, Planner III SUBJECT: Alma College Cultural Landscape Rehabilitation Project _____________________________________________________________________________ SUMMARY The Alma College Cultural Landscape Rehabilitation Project includes preservation of the 1909 Chapel and 1934 Library; hazardous materials abatement; demolition of select structures, and general site cleanup; rehabilitation of historic landscape forms, pathways, and planting arrangements using native plants; and installation of interpretive features and other visitor and operational amenities. Design plans are at the 60% level of completion, with an estimated construction cost of approximately $4.2 million. The Santa Clara County Historic Heritage Commission (HHC) will review a Landmark Alteration Permit for the rehabilitation project on August 16, 2018. BACKGROUND The former Alma College site is significant as a cultural landscape under Criterion 1 of the California Register for its historical parallels with the broader events of California history, including the Milling period (1850), Tevis Estate period (1906-1934), and Alma College period (1934-1969). The Alma College Cultural Landscape Rehabilitation Project (Project) seeks to implement a fiscally-sustainable cleanup and rehabilitation plan that allows the historic site’s significance to be understood and safely enjoyed by the public. In 2017, the Board approved the Project as part of the Bear Creek Redwoods Preserve Plan (R-17-15) and approved a contract with PGA Design to develop designs and construction documents (R-17-86). The Board also examined the Project in detail at two meetings in 2016 (R-16-33; R-16-50). The Rehabilitation Project (shown graphically as Attachment 1) adheres to the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Guidelines for the Treatment of Cultural Landscapes. These standards define rehabilitation as “the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values”. The compatible use for the Alma College Cultural Landscape is an open space preserve. Character-defining elements of each historic period that will be preserved or rehabilitated include: Milling Period: Upper Lake Estate Period: site spatial organization, including vehicular and pedestrian circulation patterns, grassland terracing, retaining walls, mansion ruins (re-used as bat habitat), roman plunge/lily pond landscape form, site landscaping (interpreted with native species); Alma College Period: Chapel, 1934 Library, Shrines, foundation/footprints of 1950 library, classroom, and dormitory. DISCUSSION Design Development (60%) plans and specifications for the Rehabilitation Project are now complete. The primary project elements addressed in the design include: 1. Hazardous materials abatement, site clean-up, and demolition of the garage upper level, classroom, and 1950 library (preserving the foundation “footprints” for interpretive purposes); 2. Mothballing the 1934 library and 1909 Chapel, stabilizing the Chapel porch to allow public access; 3. Rehabilitating historic terracing and landscape forms through grading; interpreting historic plantings with native species; 4. Restoring the historic circulation pattern and providing accessible routes for persons with disabilities; 5. Providing visitor and operational amenities, including interpretative signage and programming, benches and picnic tables, safety railings, patrol routes, and an emergency vehicle turnaround. Santa Clara County Landmark Alteration Permit Process The project site is listed as the “Alma College Complex” on the Santa Clara County Heritage Resource Inventory. Specifically, the classroom, 1950 library, 1934 library, chapel, and Upper Lake Picnic Area/Alcove are listed as contributing elements to the historic site. Although the Rehabilitation Project will retain two structures and numerous site elements, several buildings in poor condition are proposed to be removed or otherwise altered, requiring the County’s Historic Heritage Commission (HHC) to review the project. The review process includes the following steps: 1. District submits a Landmark Alteration Permit application to County staff, who refer the application to the HHC for review; project is agendized by HHC for consideration at a regular monthly meeting; 2. District presents the project to HHC (tentatively scheduled for August 16, 2018). HHC receives public comment, deliberates, and either makes a recommendation to County staff to approve or deny the application, OR requests additional information/analysis, with a recommendation to be made at a subsequent meeting; 3. If the Landmark Alteration Permit is approved, the District will submit materials for both demolition and building permits. If it is denied, the District may begin an appeal process. FISCAL IMPACT Project implementation costs are eligible for Measure AA reimbursement. The 60% design-level cost estimate for project construction is approximately $4.2 million. This estimate is significantly lower than the 2016 concept design-level estimate of $7.4 million, due to elimination of several high-cost items. Items eliminated include: stabilization of the site retaining walls (determined to be structurally sound), extensive interpretation of historic landscaping with native plantings (reduced scope), and extensive rehabilitation of the lily pond area (reduced scope). The following table outlines the Measure AA Portfolio #21 allocation, expenses to date, and remaining portfolio fund balance. MAA 21 Portfolio Allocation – Bear Creek Redwoods Public Recreation and Interpretive Projects: $17,478,000 Life-to-Date Spent (as of June 30, 2018): $3,157,394 Total Encumbrances (as of June 30, 2018): $937,197 FY2018-19 Portfolio Budget (Adopted June 13, 2018): $8,271,568 Balance Remaining*: $5,111,841 *May exclude contracts currently under consideration, future year project budgets, and grants. BOARD AND COMMITTEE REVIEW Rehabilitation of the former Alma College site was guided by committee and public input at three meetings of the Planning and Natural Resources Committee, including one neighborhood meeting, held in Los Gatos on April 29, 2015. In addition, the full Board received a presentation of the Rehabilitation Plan at its June 24, 2015 meeting, and reviewed the information on March 23, 2016 and May 11, 2016. The Alma College Cultural Landscape Rehabilitation Plan was approved by the Board as part of the larger Bear Creek Redwoods Preserve Plan on January 25, 2017. NEXT STEPS Staff will continue to pursue permits with the County of Santa Clara for the Rehabilitation Project. Permitting is anticipated to be complete within one year, with implementation of the Rehabilitation Project actions complete by 2021. KEY ELEMENTS • Rehabilitate and interpret the features that illustrate the layers of development and use of the property. • Reinstate or rehabilitate historic plantings using evergreen shrub plantings on the path through the middle of the site, at the shrines, and in lieu of radial paths. • Provide interpretive materials to narrate the cultural landscape components. • Stabilize the 1909 chapel, and the 1934 library roof structure. • Strengthen north retaining wall, minimally stabilize south retaining wall. • Due to their position in relation to the San Andreas fault trace, remove the classroom garage, and the 1950 library. • Provide visitor amenities. • Establish parking for approximately 60 cars. • Establish a regime of vegetation management. • Plant garden areas with unirrigated wildower and grass mixes for improved habitat. • Plant with native species to convey the layout of other historical plantings. • Seek a project partner or partners for the use of the rehabilitated building and gardens. PARTNERSHIP ELEMENTS • Rehabilitate chapel and library superstructure for reuse. • Provide water, septic, and power to the rehabilitated chapel. • Rehabilitate radial gardens near Upper Lake. • Provide enhanced visitor amenities including ush toilets UPPER LAKE Retain and stabilize Upper Lake, dating to the Milling Period, as the central organizing element of the site. ST. JOSEPH SHRINE Rehabilitate for visitor seating/picnicking. ALMA COLLEGE PARKING AREA Provide capacity for 60 vehicles between two lots, vault toilets, and signage. HISTORIC CIRCULATION PATTERNS Reinstate pathways around lake as ADA trails. NEW ENTRY FROM BEAR CREEK ROAD Clear vegetation to improve line of sight as needed. Provide a safe pedestrian crossing at Bear Creek Road. DORMITORIES AND CLASSROOMS Interpret the Jesuit period through the remaining foundations of the dormitories. Remove and interpret the classroom building, retaining its clay-tile paved porch and foundation. PEDESTRIAN PATHS Reinstate the central path of the former historic radial path system and the former central path through the site incorporating existing lengths of path where they remain. CHAPEL AND 1934 LIBRARY Stabilize the wooden Chapel for rehabilitation and use by a project partner. Close the lower oor for structural strengthening. Rehabilitate the patio on the north side for use by self-guided visitors. Retain the roof of the wooden 1934 Library, removing most or all of its walls so that it becomes a weather shelter. MARIAN SHRINE Rehabilitate Marian Shrine 1950 LIBRARY Remove the 1950 library to reopen views along length of the site, as between the late 1800s to 1950. Retain terraces created by Tevis for use as picnic areas. Rehabilitate historic stairs. SITE AND SAFETY CODE COMPLIANCE Provide ADA accessible routes throughout. Provide safety barriers or vegetated buers to prevent access near retaining walls BUFFER PLANTING Provide extensive areas of native evergreen shrub plantings along the south retaining wall as a barrier, to limit impacts in case of a seismic event. MEADOW, LILY POND, AND ROMAN PLUNGE Clear the meadow of invasive species. Rehabilitate hardscape and interpret the lily pond and Roman Plunge suitable for picnics and gatherings. Retain and strengthen the bilaterally symmetrical view to the SE between the blue cedars. GARAGE Interpret the garage site and provide an overlook to the lower oor. FORMER TEVIS MANSION FOOTPRINT This is a exible-use picnic area. Interpretive paving element marks the threshold of the NW wing of the mansion. Enhance the extant remnants of the mansion foundation, ush with the pavement grade. Stabilize remnant carport columns and walls. Reinstate and interpret the location of the exterior walls, indicating the building’s wings, some as sitting elements. NORTH AND SOUTH RETAINING WALLS Structurally stabilize the north retaining wall with tiebacks. The south retaining wall lies on the fault trace, repair the broken ends where failure has occurred. Provide modest repairs to brickwork at the parapet edge. Provide safety barriers until north wall is stabilized ATTACHMENT 1 1 DATE: July 25, 2018 MEMO TO: Board of Directors THROUGH: Ana Ruiz, General Manager FROM: Jay Lin, Engineering and Construction Department Manager Felipe Nistal, Senior Capital Project Manager SUBJECT: Administrative Office (AO) Remodel Project - Design Team Selection Timeline and Process Background The Midpeninsula Regional Open Space District (District) is currently seeking an architectural design team for the new AO Remodel Project located at 5050 El Camino Real in Los Altos, California. An AO Ad Hoc Committee (Committee) was formed in March 2018 to assist with the selection of the design team and development of the public engagement approach for the project (R-18-21). On April 23, 2018, staff released a Request of Qualifications (RFQ) on its website, Bay Area American Institute of Architects chapter websites, and several other architectural/engineering/construction industry related websites to solicit interested firms. Staff also reached out to over twenty (20) firms via email and phone calls. Twenty-four (24) architectural and engineering firms attended the pre-proposal meetings held on May 11 and May 14, 2018. Nineteen (19) firms submitted Statement of Qualifications (SOQ) on May 22, 2018. Staff reviewed the SOQ’s and scored the teams based on proposal presentation, team experience with similar projects, experience with permitting and codes compliance locally or within the City of Los Altos, feedback from references, and acceptance of the District’s agreement (conditions) and insurance. The top five (5) qualified firms were Noll + Tam Architects, RMW Architecture and Interiors, Valerio Dewalt Train Associates, Inc., IA Interior Architects, and Studio G Architects, Inc. IA Interior Architects later declined to propose on the project due to lack of staff resources and disagreements with District’s standard agreement. The Committee participated in tours of five (5) remodeled public and non-profit agency office spaces and buildings on June 11 and June 12, 2018. The facilities on the tour represented a spectrum of remodel projects to help elicit ideas about what may work well for the District’s own remodel project. On June 15, the Committee shared their experiences from the tours and provided feedback to staff. On July 12, the Committee reviewed, discussed, and refined the list of themes and key lessons learned to inform the architect/design firm interview and selection process. 2 Shortlisted Consultants Below is the list of the four (4) highest-ranking, qualified firms with summary information from the SOQs. The District received proposals from the four firms by the deadline of July 6, 2018. Noll & Tam Architects’ work reflects a dedication to the particular people and places that make their projects unique. Christopher Noll and Janet Tam founded the firm in 1992 to establish a talented studio of architects that pursued the ideal of active community involvement and environmentally responsive design. For more than 20 years, Noll & Tam Architects has focused on the design of educational, institutional, and public buildings – libraries, community/recreational centers, civic centers, public safety buildings, universities and community college facilities. STUDIO G Architects, Inc., is an architecture and interior design firm founded in 2007. This is a woman owned company based in San Jose, CA with a proven track record of design excellence. As a full service firm, STUDIO G handles every aspect of the architecture and interior design to assure that each project’s unique design, budget, and schedule expectations are met or exceeded. Studio G’s aim is to provide ‘large firm’ quality and production abilities, with small firm attention to detail. RMW Architecture and Interiors is a 70-person architecture and interior design firm that was established in San Francisco in 1970 with one overarching mission: To create inspired human environments through the power of responsible design. RMW emphasizes a rigorous pre-design process that establishes project criteria based on each client’s unique culture, workflow, and business objectives. RMW is committed to discovering design solutions that reflect the District’s image, help solve functional challenges, enhance workers’ well-being, and embody a true sense of community. Valero Dewalt Train Associates, Inc. (VDT) as a team of designers believes in collective intelligence thriving through collaboration. VDT’s studio is inclusive, bringing together designers, consultants, stakeholders, and users to build consensus and create visionary solutions. The Architecture Studio uses built environments to tell stories, and from there, their Media Objectives (M-O) Studio takes it to completion with experiential design and branding. VDT’s capabilities focus on Architecture & Interior Design, Master Planning, Experiential Media Design, Programming, and User and Data Analysis highlighting the creation of healthy buildings that sustain the planet and exceed expectations, and in designing beautiful experiences. Hardcopies of the SOQ, proposal, sample Architectural/Engineering Firm Interview Questions, and a cover sheet were hand delivered to the Committee on July 9. The SOQ provided project team background, an organizational chart, team qualifications, relevant experience, and acceptance of District’s standard agreement and insurance requirements. The proposal provided proposed fees, understanding of the District’s constraints and opportunities, proposed design approach, past project cost estimates compared to final construction costs, quality control process, and ability to deliver the project on schedule. The Committee also received a memorandum with sample Architectural/Engineering Firm Interview Questions to consider and select for use in the interviews. 3 The Committee is currently in the interview process to select a recommended design firm to then forward to the full Board for consideration. Each interview will last one hour and a half. The first 30 minutes is allocated for a firm presentation on the proposed design approach and project vision. The next 45 minutes is reserved for questions and answers, and the final 15 minutes for any follow up items. Timeline: The table below is an operational timeline showing the major milestones, highlighting those that require participation by either the Ad-Hoc Committee or the full Board. DATE PROCESS AD HOC FULL BOARD 4/25/2018 Release RFQ 5/11 and 5/14/2018 Site walk and project introduction with interested firms 5/22/2018 SOQ due from Consultants 6/11 and 6/12/2018 Office tours (SF and South Bay) X 6/13/2018 Shortlist and select top consultants to submit proposals 7/6/2018 Proposal due X 7/9/2018 Committee receives SOQ’s and proposals 7/12/2018 Review proposals X 7/24/2018 Interview 2 shortlisted firms X 7/25/2018 Board FYI Memo – project update X 7/26/2018 Interview 2 remaining shortlisted firms; selection of recommended architectural team X 8/8/2018 Board FYI Memo – project update X 8/22/2018 Board meeting to consider award of contract, and extension of Ad Hoc Committee charge to include conceptual design development X TBD – 8/2019 Packard Foundation building tour X 9/3/2018 Project kick-off meeting with design firm, review prior approved project goals and Basic Programming, review proposed timeline 9/3 – 9/7/2018 Develop public engagement plan 9/12/2018 Board FYI Memo – project update X TBD – 10/2018 Ad Hoc meeting to reconfirm goals, review timeline and Basic Programming, and provide input on the public engagement plan X 10/24/2018 Full Board Study Session to reconfirm goals and Basic Programming, and review and accept timeline, and public engagement plan X 11/2018 – early 2019 Implement public engagement X 4 9/2018 – 3/2019 Develop and review Conceptual Design schematics (includes design charrettes) X 2/27/2019 Full Board Study Session to review Draft Conceptual Design (50% schematics) X 4/2019 Confirm Final Draft Conceptual Design X 4/24/2019 Full Board Study Session to review and consider approval Final Draft Conceptual Design (100% schematics) X 5/2019 Final edits to Conceptual Design (if needed) X 6/12/2019 Board approval of Conceptual Design (if needed) X DATE: July 25, 2018 MEMO TO: MROSD Board of Directors THROUGH: Ana M. Ruíz, General Manager FROM: Joshua Hugg, Governmental Affairs Specialist SUBJECT: State Legislative Update _____________________________________________________________________________ SUMMARY Periodically, the Midpeninsula Regional Open Space District’s (District) Board of Directors (Board) will receive a State of California Legislative Session briefing regarding recent legislative developments. Staff and the District’s legislative consultants, Public Policy Advocates (PPA) and Environment and Energy Consultants (EEC), last provided a legislative update to the Board on June 13, 2018, shortly after surviving bills crossed out of their respective houses of origin. Since then, the State has signed into law the $201 billion fiscal year 2018-19 budget (www.ebudget.ca.gov) and agreed on the allocation of approximately $1.6 billion in Cap and Trade funds. Staff and the District’s legislative consultants also continue to utilize the Board-approved 2018 Legislative Program to communicate District positions on bills, budget recommendations, and other legislative items to the respective authors and/or legislative committees as appropriate. In addition, staff fields time-sensitive requests from partners, and monitors evolving pieces of legislation in accordance with Board Policy 1.11. Please refer to Attachment 2 for a snapshot on the status of priority bills as of July 20, 2018. State of California Upcoming Legislative Calendar The State Legislature is currently in the middle of its summer recess, which ends August 5. Key deadlines are as follows (see Attachment 1 for full calendar): July 7 – August 5 Summer Recess (following passage of Budget Bill) August 17 Last day for fiscal committees to meet and report bills August 24 Last day to amend bills on the floor August 31 Last day for each house to pass bills, except bills that take effect immediately or bills in Extraordinary Session. Final Recess begins upon adjournment. September 30 Last day for Governor to sign or veto bills passed by the Legislature before September 1. November 6 General Election December 3 Convening of the 2019-20 Regular Session BACKGROUND Updates from Environment and Energy Consulting: Cap-and-Trade/Greenhouse Gas Reduction Fund The Legislature passed the 2018-19 Cap-and-Trade Expenditure Plan earlier this summer, which contains $1.4 billion in investments in clean transportation and energy, short-lived climate pollutant reduction technologies, natural resources, and climate change technology solutions research. Of the natural resources investments, the Legislature allocated the following: • $160M to healthy and resilient forest projects; • $30M to prescribed fire and fuel reduction; • $5M to local fire response; • $5M to urban forestry projects; • $5M to coastal resilience; • $5M to wetlands restoration; and • $20M to urban greening. California Budget/Prop 68 The Legislature passed the 2018-19 budget in June, containing over $1 billion in Prop 68 investments, along with additional investments in natural resources and water. Most notably, the Legislature allocated $10 million from the General Fund to help purchase land with important conservation and habitat value from the San Jose Water Company. • California Wildlife Corridor Working Group (WCWG): MROSD is an active member of the WCWG. The group successfully advocated for a $10 million 2018-19 Prop 68 allocation that the Governor approved in the final budget. The group is now compiling existing and potential corridor projects that could benefit from this first tranche of Prop 68 wildlife corridor funds, as well as future allocations. This compilation of projects may provide some basic information for the Wildlife Conservation Board and other agencies to use in developing the Prop 68 program guidelines, as well as provide merits for future allocations. Water Legislation: • AB 2551 (Wood D) Forest and Wildland Health Improvement and Fire Prevention Program: joint prescribed burning operations: watersheds. District Position: Support Status: Pending in Senate Appropriations Committee • SB 881 (Wieckowski D) Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project District Position: Support Status: Pending in Assembly Appropriations Committee • SB 919 (Dodd D) Water resources: stream gages. District Position: Support Status: Pending in Assembly Appropriations Committee • SB 1301 (Beall D) State permitting: environment: processing procedures: dam safety or flood risk reduction project. District Position: Support Status: Pending in Assembly Appropriations Committee • Meral Bond (Proposition 3) o The “Meral Bond” is a citizens’ initiative bond measure containing $8.875B for water projects. o As of June 28, the Meral Bond is now known as Proposition 3 for the General Election ballot in November. Updates from Public Policy Advocates (PPA): Wildfire Prevention and Preparedness Update: The major recent development was the formation of a joint legislative Conference Committee to focus on prevention, mitigation, and preparedness policies to strengthen the response to year- round wildfire danger in California. Senate Bill 901 (Dodd) has been amended to articulate various objectives to address before the Legislature adjourns on August 31. SB 901 will receive an informational hearing on Wednesday, July 25 at 10:30 a.m., which is two weeks before the Legislature reconvenes on August 6. Please use the links below to review the Conference Committee webpage and Agenda for this hearing. The inverse condemnation law, which imposes a strict liability standard on utility companies in wildfire settings, will also be analyzed by the committee. Attached please find a joint letter sent to the conferees co-signed by the League of California Cities, CSAC and the urban and rural county organizations (Attachment 1). PPA has been active in articulating the need to synchronize any modifications to state law with the various prevention and mitigation programs that have had a substantial positive impact on the local level. • Link: SB 901 (Dodd) • Link: Conference Committee Webpage • Link: 07/25/2018 Hearing Agenda Pension Reform: PPA provided an update on the recent conference call and nothing has really changed. Significant pension reform, beyond what Governor Brown accomplished early in his second stint as Governor, is not on the current horizon and will remain an issue requiring legislative attention in 2019. Redevelopment Revival: As reported earlier, two measures were introduced this session to begin the debate over whether a new and improved Redevelopment Agency Law could be constructed to fund infrastructure and affordable housing programs. Assembly Bill 3037 (Chiu) and Assembly Bill 1778 (Holden) were the lead bills and both are dead for this session. Although Governor Brown remains adamantly opposed to reinstituting redevelopment agencies, a new group of legislators are hoping to lay the foundation for a politically feasible legislative approach to present to the next Governor next year. Other Legislative Items: • Assembly Bill 1838 (Committee on Budget) was enacted to provide for a 13 year moratorium on local governments imposing taxes on sugared beverages. The bill was passed to stave off an Initiative from being placed on the November Ballot funded by the beverage manufacturers, which would have raised the vote on all local tax ordinances to a 2/3 supermajority vote. • Assembly Bill 2329 (Obernolte) would increase the amount of compensation board members of special districts can receive per month. The bill has passed the Senate Governance and Finance Committee with a few changes. As amended, the bill will allow open space districts like the District to increase to six meetings per month for which board members can be compensated and to increase, by ordinance, the amount of compensation received for attending meetings of the board by up to 5% annually. AB 2329 passed the Senate shortly before the Summer Break and will be taken up by the Assembly for concurrence in Senate amendments when the Legislature returns in August. July 10, 2018 The Honorable Edmund G. Brown, Jr. Governor, State of California State Capitol Building, First Floor Sacramento, California 95814 Honorable Bill Dodd California State Senate Co-Chair, Conference Committee on Wildfire Preparedness and Response State Capitol, Room 5064 Sacramento, CA 95814 Honorable Chris Holden California State Assembly Co-Chair, Conference Committee on Wildfire Preparedness and Response State Capitol, Room 5132 Sacramento, CA 95814 Re: Wildfire Preparedness & Response Conference Committee Dear Governor Brown and Conference Committee Members: As we enter full force into another wildfire season, we appreciate your focus on wildfire preparedness with the establishment of a Wildfire Preparedness and Response Conference Committee. Local governments across California have long been at the forefront of this issue with the trends of increasing wildfire severity and our growing tree mortality crisis in California. Cities and counties across the state have been impacted by wildfire and are responding, adapting and becoming more resilient to these disasters through enhanced planning and emergency preparedness efforts. Our organizations strongly support the call to action to strengthen our fire prevention activities and become more resilient as a state to the increased threat of wildfire. We stand ready to work the Legislature and the Administration to address the root causes of the growing threat of catastrophic wildfire. We strongly support the Governor’s May 2018 Executive Order to combat dangerous tree mortality, increase the ability of our forests to capture carbon, and systematically improve forest management. Climate change alone is not causing these fires, and we strongly believe that we are not helpless to change the intensity of these events and become more resilient to them. We are encouraged to see this Committee focused on how utilities can also strengthen policies to protect against wildfire and other natural disasters, including updating and enhancing policies around Attachment 1 vegetation management, infrastructure maintenance and resiliency, and safety and emergency preparedness plans. However, we must express our strong concerns about potential efforts to revise constitutional protections under the “inverse condemnation” laws and long-standing liability statutes related to the causes of wildfires. For decades, local governments could rely on the law and the courts to make cities and counties, and their constituents and businesses, whole after a disaster caused by a utility. Inverse condemnation is protected by our state’s constitution as the flip side of eminent domain, the process by which a government agency can take property for public benefit as long as the property owner is adequately compensated. The inverse means that if property is damaged by a public benefit (i.e. providing electricity), damages can be sought and awarded. The power of eminent domain, along with the potential for inverse condemnation damages, has been extended by the courts and subsequently the Legislature to private utilities. Thus, a utility can’t enjoy the power of eminent domain without also bearing the risk of liability in inverse condemnation if its actions damage property. This legal standard is critically important for several reasons. First, we believe inverse condemnation works to provide a strong incentive for utilities to take action and invest in critical safety and resiliency measures to protect the ratepayers and residents of the areas we collectively serve. Second, local governments and private citizens use inverse condemnation as a legal standing to bring large, well- funded utilities to the table to settle for damages rather than languish in court under negligence suits. Utilities can be held liable under negligence claims, and often are. However, as result of the standing under inverse condemnation liability applicable to wildfires started by utility companies, utilities are more likely to settle large fire-related litigation rather than seek a judgment in court. We strongly believe our liability laws level the playing field, bringing billion-dollar companies to the table with less- powerful victims. Furthermore, the utilities describe inverse condemnation as “no-fault” liability. This is not the case. If a utility’s equipment was the cause of a fire, liability can be assigned under inverse condemnation even if the utility acted reasonably and prudently. However, that liability can be transferred to their rate payers if the California Public Utilities Commission (CPUC) determines that the utility did, in fact, act reasonably. Thus, this legal tool provides a strong incentive for utilities to invest in safety while still providing them the ability to spread the cost to rate payers. Even if changes to inverse condemnation are not retroactive, we strongly believe that any prospective changes to liability laws undertaken in response to one set of fires will have a lasting impact on current and future events and our ability to be made whole after disasters. CAL Fire officials have determined that 16 of the 2017 fires were caused by utility equipment, and 11 of those cases have been referred to prosecutors for criminal investigation. We, therefore, believe it is highly inappropriate to suggest changes to liability laws without first fully examining safety requirements and standards. We strongly urge you to resist the request to change the rules for the utilities. Local governments stand ready to partner with the Administration and this Committee to reduce the risk of wildfire and establish policies that improve the safety of our communities. We look forward to working with you on the critical issue. Attachment 1 Sincerely, Graham Knaus Paul Smith Executive Director Vice President of Government Affairs California State Association of Counties Rural County Representatives of California Carolyn Coleman Jolena Vorhis Executive Director Executive Director League of CA Cities Urban Counties of California Cc: Honorable Speaker Anthony Rendon, California State Assembly Honorable President pro Tempore, Toni Atkins, California State Senate Honorable Members, Conference Committee on Wildfire Preparedness and Response Honorable Members, California State Assembly Honorable Members, California State Senate Office of Governor Brown, Camille Wagner, Legislative Affairs Secretary Office of Governor Brown, Catalina Hayes-Bautista, Deputy Legislative Secretary Gabrielle Zeps, Chief Policy Consultant, Office of Speaker Anthony Rendon Kip Lipper, Chief Policy Advisor, Office of President pro Tempore Toni Atkins Attachment 1 Attachment 2 1 OF 6 7/20/2018 Measure Author Category Topic Status Location Brief Summary Position Priority AB 1945 Garcia, Eduardo D Climate California Global Warming Solutions Act of 2006: Greenhouse Gas Reduction Fund: investment plan. 6/25/2018-Read second time and amended. Re-referred to Com. on APPR. 6/25/2018- S. APPR. Would require the State Air Resources Board to work with state agencies administering grant programs that allocate moneys from the fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality and to include a specified application timeline for programs with competitive application processes and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications. Watch 2 SB 1015 Allen D Climate California Climate Resiliency Program. 6/26/2018-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 6.) (June 26). Re-referred to Com. on APPR. 6/26/2018- A. APPR. Would establish the California Climate Resiliency Program to increase resiliency to climate change impacts in urban and rural communities throughout the state and to fund the planning and implementation of projects that improve and enhance the climate change resiliency of natural systems, natural and working lands, and developed areas. The bill would require that the program be developed and implemented by the Wildlife Conservation Board, in coordination with any participating state conservancies, as defined. Support 2 SB 262 Wieckowski D Climate Climate change: climate adaptation: advisory council. 6/27/2018-June 27 set for first hearing. Placed on APPR. suspense file. 6/27/2018- A. APPR. SUSPENSE FILE Current law requires the Office of Planning and Research to administer the Integrated Climate Adaptation and Resiliency Program. Current law requires the office, in coordination with appropriate entities, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. Current law requires the office to establish an advisory council, comprised of members for a range of disciplines, to support the office’s goals to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. This bill would recast the advisory council as the California Council for Adaptation and Resiliency. Support 2 SB 881 Wieckowski D Climate Flood control: County of Santa Clara: South San Francisco Bay Shoreline Project. 6/28/2018-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (June 28). Re-referred to Com. on APPR. 6/28/2018- A. APPR. Would authorize the state to provide subvention funds to the Santa Clara Valley Water District for the South San Francisco Bay Shoreline Project for flood control in areas along the south San Francisco Bay in the County of Santa Clara, as described, at an estimated cost to the state of the sum that may be appropriated for state cooperation by the Legislature upon the recommendation and advice of the Department of Water Resources and upon a determination by the department that the project meets specified financial aid requirements. The bill would provide that the state assumes no liability for damages that may result from the project by authorizing the provision of subvention funds, or by the appropriation of those subvention funds, as specified. Support 2 MROSD Legislative Tracking Matrix 7/20/2018 Attachment 2 2 OF 6 7/20/2018 Measure Author Category Topic Status Location Brief Summary Position Priority MROSD Legislative Tracking Matrix 7/20/2018 AB 2534 Limón D Education Parks: environmental education: grant program. 7/3/2018-Read second time and amended. Re-referred to Com. on APPR. 6/26/2018- S. APPR. Would require the Director of Parks and Recreation, on or before May 1, 2019, to establish the Outdoor Equity Grants Program, to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve students who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. Watch 2 SB 1072 Leyva D Equity Regional Climate Collaborative Program: technical assistance. 7/2/2018-Read second time and amended. Re-referred to Com. on APPR. 6/26/2018- A. APPR. Would, until October 1, 2029, establish a regional climate collaborative program, to be administered by the Strategic Growth Council, to assist under-resourced communities, as defined, in a region to access statewide public and other grant moneys, as specified, for climate mitigation and adaptation projects by establishing collaboratives, as specified. The bill would authorize the council to award specified grants to collaboratives for specified activities. Support in Concept 2 AB 1800 Levine D Fire Fire insurance: indemnity. 7/2/2018-Ordered to inactive file at the request of Senator Glazer. 7/2/2018- S. INACTIVE FILE Current law defines the measure of indemnity for a loss under an open fire insurance policy and specifies time limits under which an insured must collect the full replacement cost of the loss. Current law prohibits, in the event of a total loss of the insured structure, a fire insurance policy issued or delivered in the state from limiting or denying payment of the replacement cost of property if the insured decides to rebuild or replace the property at a location other than the insured premises. Current law requires the measure of indemnity to be based upon the replacement cost of the insured property and prohibits it from being based upon the cost to repair, rebuild, or replace at a location other than the insured premises. This bill would instead prohibit, in the event of a total loss of an insured structure, a fire insurance policy issued or delivered in this state from containing a provision that limits or denies, on the basis that the insured has decided to rebuild at a new location or to purchase an already built home at a new location, payment of the building code upgrade cost or the replacement cost, including any extended replacement cost coverage, to the extent those costs are otherwise covered by the terms of the policy or any policy endorsement. Support 2 Attachment 2 3 OF 6 7/20/2018 Measure Author Category Topic Status Location Brief Summary Position Priority MROSD Legislative Tracking Matrix 7/20/2018 AB 1954 Patterson R Fire Timber harvest plans: exemption: reducing flammable materials. 7/3/2018-Read second time. Ordered to Consent Calendar. 7/2/2018- S. CONSENT CALENDAR The Z’berg-Nejedly Forest Practices Act of 1973 authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, including a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person’s property in compliance with existing laws relating to defensible space, as provided, and requires the board to adopt regulations to implement this exemption no later than January 1, 2016. Current law makes the above exemption inoperative 3 years after the effective date of regulations adopted by the board or no later than January 1, 2019. This bill would extend the inoperative date to January 1, 2022, and would delete the reporting requirement. Support 2 AB 2091 Grayson D Fire Fire prevention: prescribed burns: insurance pool. 7/3/2018-Read second time and amended. Re-referred to Com. on APPR. 6/26/2018- S. APPR. Current law establishes in the Department of Forestry and Fire Protection the State Board of Forestry and Fire Protection consisting of specified members who are selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, among other things, forest management practices.This bill would rename the board the State Board of Forestry and Fire Prevention and Protection. Support 2 AB 2551 Wood D Fire Forest and Wildland Health Improvement and Fire Prevention Program: joint prescribed burning operations: watersheds. 7/3/2018-Read second time and amended. Re-referred to Com. on APPR. 7/3/2018- S. APPR. Would require the Department of Forestry and Fire Prevention to establish, implement, and administer the Forest and Wildland Health Improvement and Fire Prevention Program, as prescribed. The bill would require the department to take specified actions to implement and administer programs that are intended to promote forest and wildland health, restoration, and resilience, and improve fire outcomes, prevention, and preparedness throughout the state. The bill would also require the department, to the extent feasible, to collaborate with the Department of Corrections and Rehabilitation to utilize correctional officers and conservation crews for vegetation management and fire prevention activities. Support 2 Attachment 2 4 OF 6 7/20/2018 Measure Author Category Topic Status Location Brief Summary Position Priority MROSD Legislative Tracking Matrix 7/20/2018 SB 1079 Monning D Fire Forest resources: fire prevention grants: advance payments. 7/2/2018-Read second time. Ordered to third reading. 7/2/2018- A. THIRD READING Current law authorizes the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The Budget Act of 2017 appropriated moneys to the Department of Forestry and Fire Protection for purposes of providing local assistance grants, grants to fire safe councils, and grants to qualified nonprofit organizations with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project for these same purposes, as provided. This bill would, until January 1, 2024, authorize the director to authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from the grant awards specified above. Support 2 SB 1260 Jackson D Fire Fire prevention and protection: prescribed burns. 7/2/2018-Read second time and amended. Re-referred to Com. on APPR. 6/27/2018- A. APPR. Current law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction, as provided in connection with a state program for fire prevention.This bill would require the local agency to transmit a copy of the adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. By imposing a new duty on a local agency, the bill would impose a state-mandated local program. Watch 2 AB 1918 Garcia, Eduardo D Public Access Office of Sustainable Outdoor Recreation. 7/2/2018-Read second time and amended. Re-referred to Com. on APPR. 6/26/2018- S. APPR. Current law establishes in the Natural Resources Agency the Blue Ribbon Committee for the Rehabilitation of Clear Lake, for the purposes of discussion, reviewing research, planning, and providing oversight regarding the health of Clear Lake. This bill would establish in the agency the Office of Sustainable Outdoor Recreation. The bill would require the office to undertake certain activities, including supporting the outdoor recreation economy of the state by engaging in specified activities. The bill would also require the office to create an advisory committee to provide advice, expertise, support, and service to the office. Support 2 AB 2615 Carrillo D Public Access State highway system: parks and recreation: accessibility for bicycles and pedestrians. 6/25/2018-In committee: Referred to APPR. suspense file. 6/25/2018- S. APPR. SUSPENSE FILE Would, to the extent possible, and where feasible, require the Department of Transportation to partner with appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federal department or agency, and any regional or local public entity, to develop strategies and plans to maximize safe and convenient access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connected to the state highway system. Support/C oalition 2 Attachment 2 5 OF 6 7/20/2018 Measure Author Category Topic Status Location Brief Summary Position Priority MROSD Legislative Tracking Matrix 7/20/2018 AB 2137 Mayes R Special District Regional park and open-space districts: general manager: powers. 6/19/2018-Read second time and amended. Ordered to third reading. 6/19/2018- S. THIRD READING Current law generally authorizes the general manager of any park or open- space district, with district board approval, to bind the district, in accordance with board policy, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose in amounts not exceeding $25,000. However, current law grants that authority to the general managers of the East Bay Regional Park District, the Midpeninsula Regional Open Space District, and the Sonoma County Agricultural Preservation and Open Space District with respect to the payment of amounts not exceeding $50,000. This bill would instead make $50,000 the limit by which the general manager of any park or open space district, with district board approval, may bind the district, in accordance with board policy that has been adopted in an open meeting, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose. Watch 2 AB 2329 Obernolte R Special District Special districts: board of directors: compensation. 7/5/2018-Read third time. Passed. Ordered to the Assembly. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77. 7/5/2018- A. CONCURRE NCE Current law authorizes the board of trustees of a public cemetery district to approve an ordinance or resolution to compensate its members no more than $100 to attend a board meeting, for no more than 4 meetings per month, and authorizes a public cemetery district board of trustees to increase that compensation by no more than 5% annually.This bill would authorize a public cemetery district board of trustees to compensate its members for no more than 6 meetings in a calendar month. Support 2 SB 929 McGuire D Special District Special districts: Internet Web sites. 7/2/2018-From consent calendar on motion of Assembly Member Calderon. 6/27/2018- A. THIRD READING The California Public Records Act requires a local agency to make public records available for inspection and allows a local agency to comply by posting the record on its Internet Web site and directing a member of the public to the Web site, as specified. This bill would, beginning on January 1, 2020, require every independent special district to maintain an Internet Web site that clearly lists contact information for the special district, except as provided. Because this bill would require local agencies to provide a new service, the bill would impose a state-mandated local program. Support 2 AB 2470 Grayson D Stewardship Invasive Species Council of California: California Invasive Species Advisory Committee. 6/19/2018-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 19). Re-referred to Com. on APPR. 6/19/2018- S. APPR. Would establish the Invasive Species Council of California, with a prescribed membership, to help coordinate a comprehensive effort to prevent the introduction of invasive species in the state and to provide for the control or eradication of invasive species already established in the state, as specified. This bill would establish the California Invasive Species Advisory Committee, with a prescribed membership, to advise the council on a broad array of issues related to preventing the introduction of invasive species and providing for their control or eradication, as well as minimizing the economic, ecological, and human health impacts that invasive species cause, as specified. Support 2 Attachment 2 6 OF 6 7/20/2018 Measure Author Category Topic Status Location Brief Summary Position Priority MROSD Legislative Tracking Matrix 7/20/2018 AB 2805 Bigelow R Stewardship Wild pigs: validations. 6/28/2018-Read second time and amended. Re-referred to Com. on APPR. 6/26/2018- S. APPR. Current law requires a person to procure, as specified, either a hunting license and a wild pig tag or a depredation permit in order to take a wild pig. However, current law provides that any wild pig that is encountered while in the act of inflicting injury to, or damaging or destroying, or threatening to immediately damage or destroy, land or other property may be taken immediately by the owner or the owner’s employee or agent, as specified. Under current law, a violation of the Fish and Game Code is a crime. This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal. Support 2 SB 835 Glazer D Stewardship Parks: smoking ban. 6/27/2018-June 27 set for first hearing. Placed on APPR. suspense file. 6/27/2018- A. APPR. SUSPENSE FILE Current law makes it an infraction punishable by a fine of $250 for a person to smoke a cigarette, cigar, or other tobacco-related product within 25 feet of a playground or tot lot sandbox area. This bill would make it an infraction punishable by a fine of up to $25 for a person to smoke, as defined, in a unit of the state park system or to dispose of used cigar or cigarette waste in a unit of the state park system. The bill would establish a state-mandated local program by creating a new crime. Support 2 SB 919 Dodd D Stewardship Water resources: stream gages. 6/27/2018-Read second time and amended. Re-referred to Com. on APPR. 6/27/2018- A. APPR. Would require the Department of Water Resources and the State Water Resources Control Board, upon appropriation by the Legislature, to develop a plan to deploy a network of stream gages that includes a determination of funding needs and opportunities for modernizing and reactivating existing gages and deploying new gages, as specified. The bill would require the department and the board, in consultation with the Department of Fish and Wildlife, the Department of Conservation, the Central Valley Flood Protection Board, interested stakeholders, and, to the extent they wish to consult, local agencies, to develop the plan to address significant gaps in information necessary for water management and the conservation of freshwater species. Support 2