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HomeMy Public PortalAbout20170322 - Agenda Packet - Board of Directors (BOD) - 17-08 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, March 22, 2017 Special Meeting starts at 6:15 PM* Regular Meeting starts at 7:00 PM* A G E N D A 6:15 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant exposure to litigation Government Code Section 54956.9(b)) (one potential case) ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not on the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA 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 February 23, 2017 and March 8, 2017 Minutes 2. Approve Claims Report Meeting 17-08 3. Revise Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances (R- 17-33) Staff Contact: Andrew Taylor, Sr. Accountant and Disclosure Coordinator General Manager’s Recommendation: Approve revisions to Board Policy 3.06 for disclosures relating to District bond issuances as recommended by the Action Plan and Budget Committee. 4. Proposed Enhancement to District’s Accounts Payable Claims Process (R-17-34) Staff Contact: Stefan Jaskulak, CFO/Director of Administrative Services General Manager’s Recommendation: Approve the recommendations from the Action Plan and Budget Committee: 1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000) without holding for Board approval, but continue to provide the current claims report to the board for information. 2. Approve the revised Board Policy 1.03 – Board Agenda. 5. Repeal of Resolution 14-12 (R-17-30) Staff Contact: Stefan Jaskulak, CFO/Director of Administrative Services General Manager’s Recommendation: Adopt a resolution repealing Resolution 14-12, which authorized the General Manager or designee to approve claims up to $25,000, in order to enable the District to be consistent with Public Resources Code 5549. 6. Agreement with Sharp Business Systems to enter into a 48-Month Lease and Use Agreement for eight leased printers and two owned printers. (R-17-35) Staff Contact: Stefan Jaskulak, CFO/Director of Administrative Services General Manager’s Recommendation: Authorize the General Manager to enter into a 48-month lease and use agreement with Sharp Business Systems for an amount not to exceed one hundred two thousand, four hundred thirty-two dollars ($102,432). 7. Award of Contract with Mesiti-Miller Engineering, Inc., for the preparation of construction documents, construction bid process support and construction oversight for the Webb Creek Bridge Replacement Project at Bear Creek Redwoods Open Space Preserve (R-17-37) Staff Contact: Matt Brunnings, Capital Project Manager, Engineering and Construction Department General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year professional services contract with Mesiti-Miller Engineering, Inc., to prepare construction documents, support the construction bid process, and provide technical construction oversight for the Webb Creek Bridge Replacement Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of $115,560. 2. Authorize a 15% contingency of $17,334 to cover potential unforeseen requirements, for a not- to-exceed total contract amount of $132,894. 8. Award of Contract with John Northmore Roberts and Associates to provide design, engineering, and construction administration support for the Bear Creek Stables Improvements Project at Bear Creek Redwoods Open Space Preserve (R-17-42) Staff Contact: Gretchen Laustsen, Planner III, Planning Department General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year professional services contract with John Northmore Roberts and Associates to provide design and engineering services, complete construction plans, and provide permitting and construction administration support for the Bear Creek Stables Improvements Project at Bear Creek Redwoods Open Space Preserve for a not- to-exceed amount of $770,173. 2. Authorize a 10% contingency of $77,017 to cover potential unforeseen requirements. 3. Authorize a separate contract allowance of $75,000 specifically for additional services related to geotechnical, fault rupture, and site investigations and additional public meetings that are above and beyond the current scope of work to avoid potential implementation delays, for a combined not-to-exceed total contract amount of $922,190. 9. Award Contract with Biosearch Associates for Bear Creek Redwoods Western Pond Turtle Population Assessment, Monitoring and Adaptive Management Plan (R-17-41) Staff Contact: Matthew Chaney, Resource Management Specialist I, Natural Resources Department General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Biosearch Associates to assess the population of western pond turtles, control invasive fauna, and provide monitoring to guide long-term management actions recommended for implementation at Bear Creek Redwoods Open Space Preserve in the amount not to exceed of $104,000 over thirty- six consecutive months. 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. 10. Award of Contract with HydroScience Engineers, for the preparation of construction documents, construction bid process support, and construction oversight for the Fire and Potable Water System Project at Bear Creek Redwoods Open Space Preserve (R-17-36) Staff Contact: Dale Grogan, Capital Project Manager, Engineering and Construction Department General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year professional services contract with HydroScience Engineers, to prepare construction documents, support the construction bid process, and provide technical construction oversight for the Fire and Potable Water System Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of $138,370. 2. Authorize a 15% contingency of $20,756 to cover potential unforeseen requirements, for a not- to-exceed total contract amount of $159,126. 11. Partnership Agreement with the Student Conservation Association to Provide Geographic Information System Services (R-17-19) Staff Contact: Paul McKowan, Volunteer Program Manager General Manager’s Recommendation: Authorize the General Manager to execute a partnership agreement with the Student Conservation Association for a not-to-exceed amount of $57,183 and include this funding in the FY2017-18 budget. 12. Proposed purchase of the West Valley Charter Lines Property as a potential new South Area Field Office, located at 240 Cristich Lane, Campbell, CA, Santa Clara County (Assessor’s Parcel Number 412-32-014) (R-17-38) Staff Contact: Allen Ishibashi, Senior Real Property Agent General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the purchase and sale agreement for the West Valley Charter Lines property at a cost of $3,150,000. 3. Authorize the use of the General Fund Committed Infrastructure Reserve in the amount of $2,900,000, plus a purchase deposit of $250,000 covered by the FY2016-17 Real Property General Fund Capital budget. 13. Cooley Landing Park Partnership with City of East Palo Alto (R-17-40) Staff Contact: Ana Ruiz, AICP, Assistant Manager – Planning and Project Delivery General Manager’s Recommendation: Approve the following two recommendations from the Diversity Ad Hoc Committee: 1. Allocate Measure AA funds to cover the costs for design, permitting, and construction of six Cooley Landing Vision Plan elements, including the costs for an outside project manager, if needed, to complete the work by June 30, 2019 for an amount not to exceed $1.25 Million. 2. Allocate District General Funds for consultant costs to develop a business and operating plan for Cooley Landing Park (includes the Education Center) working jointly with the City of East Palo Alto for an amount not to exceed $200,000. In addition, the General Manager recommends the following: 3. Authorize the General Manager to enter into a funding agreement with the City of East Palo Alto, providing $217,148 to fund the design of six Cooley Landing Vision Plan elements as the first step of implementation, as described under Recommendation #1 above. INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. Committee Reports Staff Reports Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on March 17, 2017, 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 Board Meeting 17-06 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mitchell Park Community Center - Adobe Room 3700 Middlefield Rd. Palo Alto, CA 94303 Thursday, February 23, 2017 9:30 AM DRAFT MINUTES CALL TO ORDER President Hassett called the special meeting of the Midpeninsula Regional Open Space District to order at 9:31 a.m. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, Assistant General Counsel Hilary Stevenson, Controller Mike Foster, District Clerk/Assistant to the General Manager Jennifer Woodworth, Planning Manager Jane Mark, Interim Public Affairs Manager Christine Butterfield, Engineering and Construction Manager Jay Lin, Human Resources Supervisor Candice Basnight, Information Systems Technology Manager Garrett Dunwoody, Skyline Area Superintendent Tom Lausten, Land and Facilities Manager Brian Malone, Natural Resources Manager Kirk Lenington, and Real Property Manager Mike Williams ORAL COMMUNICATIONS Director Hanko arrived at 9:34 a.m. Saratoga City Council member Howard Miller spoke in support of providing ADA access to the Upper Terrace of Quarry Park and the Saratoga-to-Sea Trail and asked the Board to partner with Saratoga to support these projects. Meeting 17-06 Page 2 Debbie Pedro, Planning Director for the Town of Portola Valley, spoke in favor public access to the Hawthorn Property, including realignment and widening of the Alpine Road Trail. BOARD BUSINESS General Manager Abbors provided opening comments summarizing the agenda topics for the retreat and the goal to keep the Board informed on progress related to current District projects and recommended projects for the upcoming fiscal year. Mr. Abbors reviewed the Board- directed success criteria and explained current constraints on District workload and District staff including continued implementation of Measure AA and a new business model as informed by the Financial and Operational Sustainability Model. Assistant General Manager Kevin Woodhouse provided an update on projects to be completed before the end of the current fiscal year and the seven project focus areas Fiscal Year 2017-18. Chief Financial Officer/Director of Administrative Services Stefan Jaskulak described projects associated with implementation of the new business model and projected for completion by June 2017. Mr. Jaskulak described proposed FY2017-18 projects related to staff facilities, technology, and organizational improvements, including the creation of an intranet, document management system, and project tracking and documentation system. Assistant General Manager Ana Ruiz summarized current and upcoming projects associated with staff facilities, including studying alternatives and design development for the Administrative Office, preliminary site assessments for a South Area Field Office, and evaluation of additional field office sites. Ms. Ruiz described the ongoing and proposed projects associated with opening Mount Umunhum Summit to the public, including property purchases, completion of the Mt. Umunhum Trail and Road improvements, construction of summit improvements, and a public grand opening. Ms. Ruiz provided an update regarding the opening of La Honda Open Space Preserve. Completed projects and proposed projects include repairs to ranch roads, construction of a parking area along Sears Ranch Road, visitor education materials for recreation in active grazing pastures, drafting a Red Barn Site Plan, and a public grand opening for the preserve. Ms. Ruiz summarized projects associated with opening the Bear Creek Redwoods Open Space Preserve to the public. Ms. Ruiz described projects to be completed before the end of the current fiscal year and proposed for FY2017-18, including approval of the Environmental Impact Report and Preserve Plan, building a new parking lot, and numerous water system, Bear Creek Stables, and Alma College improvements. Mr. Woodhouse summarized several projects planned for FY2017-18 related to improving and creating regional connections, including Rancho San Antonio transit connections, Bay Area Ridge Trail crossing, Saratoga-to-the-Sea regional trail connection, and Ravenswood Bay Trail design and implementation. Director Siemens left at 10:22 a.m. and returned at 10:25 a.m. Meeting 17-06 Page 3 President Hassett announced Director Riffle will be recusing himself regarding any Board discussion related to Cloverdale Ranch. Director Hanko left at 10:28 a.m. Mr. Woodhouse discussed other Measure AA projects and projects driven by the implementation of the Strategic Plan and the District’s mission, which are currently underway or recommended for FY2017-18, such as El Sereno Open Space Preserve dog access, Fremont Older public safety improvements, Vision Plan review, and outreach and partnership opportunities. Director Riffle asked how the information is being relayed to the public. Mr. Abbors spoke regarding the strategic direction of the Public Affairs department and recruitment timeline for a new Public Affairs Manager. Interim Public Affairs Manager Christine Butterfield spoke regarding the Public Affairs strategic plan currently being developed, including communications plans, departmental support, and integration of Public Affairs staff with the project teams. Director Riffle commented on the public’s desire to access the preserves. Director Kishimoto thanked staff for their efforts in completing numerous projects in the current fiscal year. Director Kishimoto commented on the need to balance the three aspects of the District’s mission. Director Cyr spoke regarding the need to set dates for opening the District’s preserves to the public. Directors Harris suggested not promoting projects as Measure AA-funded projects because it may cause confusion for the general public because there are several Measure AAs in the area, including the Measure AA for the Bay Restoration Authority. and Director Siemens commented on the need to focus on completing projects and less on the use of Measure AA as a funding source for those projects. Public comments opened at 10:52 a.m. Frank Bakonyi spoke in favor of increasing communication with the public regarding project results, especially those that directly affect public access. Additionally, Mr. Bakonyi spoke in favor of selecting a tenant for Bear Creek Stables as soon as possible. Public comments closed at 10:56 a.m. Director Riffle spoke in favor of public accountability regarding Measure AA projects and the need to focus on Coastal Area projects. Director Cyr left at 10:59 a.m. and returned at 11:01 a.m. Meeting 17-06 Page 4 Mr. Woodhouse reported there are numerous projects related to the Coastal Area included in the draft Action Plan that could be highlighted more prominently. Mr. Woodhouse and Ms. Ruiz explained the draft Action Plan before the Board includes work to be completed by six prior Board-approved positions, and three additional positions in the planning and project delivery business line would be needed. The added positions follow FOSM projections and are fiscally affordable according the District’s 30-year financial model. The Board recessed at 11:06 a.m. and reconvened at 11:15 a.m. with Directors Cyr, Hassett, Riffle, and Harris present. Ms. Ruiz described the list of potential Action Plan projects proposed for FY2017-18 explaining the list will likely be shortened based on staff capacity and other District resources. Directors Kishimoto and Siemens returned at 11:17 a.m. Director Riffle suggested the Board discuss the three proposed positions needed to complete the projects included in the draft Action Plan. By consensus, the Board agreed to the three proposed positions with the understanding that the positions would be included in the FY2017-18 Budget for additional discussion and approval by the Board as part of the annual budget process. The Board reviewed the seven areas of focus for the draft Action Plan and requested and received clarification regarding the projects included. The Board also requested edits to various project descriptions. Director Siemens requested clarification of the Mount Umunhum Radar Tower second assessment and repairs stating his concern regarding spending money on repairs when it was his understanding that outside money would help fund the repairs. Ms. Ruiz explained the project includes assessment and initial design for the repairs, and any additional repair work would require Board approval of the construction contract. District Clerk Jennifer Woodworth read a letter from Basim Jaber stating the Umunhum Conservancy’s desire to be involved in budgeting for and planning any repairs to the radar tower. President Hassett suggested including some of the specific veterans’ stories and interviews in the Mt. Umunhum audio tour. Mr. Abbors reported that information and materials would also be provided to the Veterans Affairs Council. Director Harris requested additional information regarding project support for La Honda Creek projects. Mr. Woodhouse explained these projects are related to support from the Public Affairs department related to the opening of this preserve and others. The language will be updated to reference Public Affairs staff’s communication plans. Meeting 17-06 Page 5 Director Riffle inquired if the public will be involved in developing the Red Barn Site Plan. Ms. Ruiz explained public meetings planned for this project will provide opportunities for public input. Director Riffle asked if the proposed Coastal Office at the Driscoll Event Center would be a part of the FY2017-18 Action Plan. Land and Facilities Manager Brian Malone reported staff is currently studying the feasibility of using the Event Center for a staff field office, and the item may be added to the Action Plan. Director Riffle commented on the need for progress to continue for the projects at La Honda Creek Open Space Preserve. Director Harris suggested organizing the Bear Creek Preserve projects by Alma College, Bear Creek Stables, water system, etc. Additionally, Director Harris commented on the large amount of District funding for stable improvements will have a private benefit. Land and Facilities Manager Brian Malone explained the stables improvements will be completed in a phased approach with the initial improvements being improvements necessary to allow for public access. The second phase of improvements will require tenant funding. Public comments opened at 11:42 a.m. Frank Bakonyi spoke in favor of selecting a tenant prior to stable improvements to allow the tenant to raise funds in preparation for stable improvements. Stable improvements should be undertaken with the understanding that the public will have access to the stables for education programs and other public programs. Public comments closed at 11:45 a.m. Assistant General Counsel Hilary Stevenson explained that when improvements are made on public property, state law requires a prevailing wage is paid. This requirement remains even when tenants are funding the improvements. Director Riffle spoke in favor of using the Stevens Creek Trail as a possible trail connection for Rancho San Antonio, and the District may be able to help facilitate the trail connection. Director Harris spoke in favor of the Purisima-to-the-Sea trail. Director Harris also questioned the need for the District to do work on the Alpine Road, since it is owned by San Mateo County. Mr. Abbors explained San Mateo County currently owns Alpine Road, and an engineering study is first needed to understand the problem and better inform whether the District is prepared to own the property. Director Harris suggested the project may be delayed due to the road’s unknown condition. Meeting 17-06 Page 6 Director Kishimoto spoke in favor of Alpine Road as a key cyclist connection and suggested she would be open to alternatives. Also fixing the road now may prevent the need for more expensive fixes later. Director Hanko returned at 12:05 p.m. Director Riffle announced his recusal regarding Cloverdale Ranch and left the room. Mr. Abbors provided additional information regarding the size, location, and potential regional connections for Cloverdale Ranch including a proposed Board tour of the property. There are currently no adjacent District preserves. Director Riffle reentered the room at 12:08 p.m. Director Kishimoto expressed her support for the Saratoga-to-the-Sea Trail, Ravenswood Bay Trail, and Hawthorn property public access. Director Kishimoto requested additional information and clarification regarding several regional connection projects related to protection of watershed lands. Director Siemens spoke regarding Saratoga City Council’s support of the Saratoga-to-the-Sea project and in favor of using District Measure AA funds to support Saratoga’s work on this project. Mr. Abbors spoke regarding Measure AA funds for land acquisition and wildlife conservation. Saratoga Councilman Miller has spoken in favor of using District funds towards purchasing an easement for the trail, and the District will look into the logistics of this suggestion. The Board recessed at 12:19 p.m. and reconvened at 12:29 p.m. with all Directors present. Director Kishimoto requested the language describing the Cooley Landing project be broadened to include a second recommendation to allow for flexibility in scoping the project, including a potential education center. Director Hanko requested additional information regarding wildlife corridors along Highway 17. Natural Resources Manager Kirk Lenington provided additional information related to the proposed Highway 17 wildlife corridors, including District partners for the project. Directors requested clarification regarding other proposed Action Plan projects, including restoration forestry, District obligations at the Hawthorn Historic Complex, and outreach efforts for the San Mateo County Coast. Director Harris left at 12:54 p.m. and returned at 12:57 p.m. Director Kishimoto requested additional information regarding wildfire management and protection and requested creation of a comprehensive fire response plan. Meeting 17-06 Page 7 Mr. Lenington explained CalFire typically develops comprehensive fire management plans on a regional scope. District staff is working with various agencies to inform them of biologically sensitive areas, fuel breaks already in place, etc. and provide additional information for the fire management plans. Mr. Malone reported Land and Facilities crews provide ongoing fire protection measures, including mowing, disking, and structure clearance throughout the District’s preserves. Director Siemens suggested including pursuit of a master permit with San Mateo County. Director Harris left at 1:16 p.m. Ms. Ruiz reported District staff has provided grading permit exemption language to San Mateo County, similar to language included in Santa Clara County’s grading ordinance. In addition, there are now San Mateo County staff members dedicated to the District’s type of projects, which has shortened the permit process. Director Siemens requested to add the following project “Pursue San Mateo County permit streamlining.” The Board reviewed the various suggestions made throughout the day to determine which will move forward. Director Hanko suggested having a meeting in the Coastal Area to present to the public projects completed in the area. Planning Manager Jane Mark suggested including a column on the Action Plan to call out projects that are related to the Coastal Area. The Board discussed the need for an office on the San Mateo Coast. Mr. Malone explained staff will have an interim office in the Coastal Area, but further analysis of a permanent office will need to be deferred until FY2018-19 due to limited staff capacity for the project. The Board decided against including this project in the Action Plan. Mr. Abbors provided closing comments summarizing the District’s focus for the coming fiscal year. President Hassett thanked staff and the members of the Board for their work and comments. ADJOURNMENT President Hassett adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 2:18 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk March 8, 2017 Board Meeting 17-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, March 8, 2017 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Hassett called the special meeting to order at 5:30 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Counsel Sheryl Schaffner Public comments opened at 5:30 p.m. No speakers present. Public comments closed at 5:30 p.m. 1. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employees: General Counsel 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: San Mateo County Assessor’s Parcel Numbers 085-170-020, 290 & 310 Agency Negotiator: Michael Williams, Real Property Manager Negotiating Party: Walter Moore on behalf of Frances Conley Under Negotiation: Purchase Terms and Conditions Director Riffle recused himself from the discussion regarding Item 2, real property negotiations, and left the room at 6:30 p.m. General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Real Property Manager Mike Meeting 17-07 Page 2 Williams, and Assistant General Counsel Hilary Stevenson attended the closed session for Item 2. President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:54 p.m. REGULAR MEETING President Hassett called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, District Clerk/Assistant to the General Manager Jennifer Woodworth, Planning Manager Jane Mark, Engineering and Construction Manager Jay Lin, Land and Facilities Manager Brian Malone, Senior Resource Management Specialist Matt Baldzikowski President Hassett reported the Board met in closed session, and no reportable action was taken. ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt the agenda. VOTE: 7-0-0 CONSENT CALENDAR Director Siemens requested the minutes for the February 23, 2017 special meeting be continued to the next meeting Public comment opened at 7:03 p.m. No speakers. Public comment closed at 7:03 p.m. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to approve the Consent Calendar, with the exception of the February 23, 2017 special meeting minutes. VOTE: 7-0-0 Meeting 17-07 Page 3 1. Approve February 22, 2017 and February 23, 2017 Minutes 2. Approve Claims Report INFORMATIONAL MEMORANDA • Update of Implementation Actions at Bear Creek Redwoods Open Space Preserve • Update on La Honda Creek Open Space Preserve Implementation Actions Assistant General Manager Ana Ruiz commented on the resource management work completed at La Honda Creek Open Space Preserve over the last three years, including improving grazing management practices, installation of grazing infrastructure, structure improvements, and several others. Ms. Ruiz described numerous ongoing and upcoming projects for La Honda Creek. Alternatively, work for the Bear Creek Redwoods Open Space Preserve has rapidly accelerated in the last two years, including development and adoption of a Preserve Plan, numerous design and Director Riffle requested additional information regarding the Redwood Cabin. Ms. Ruiz reported the project has been temporarily on hold due to the larger amount of repairs than previously realized. Deferral will also allow for repairs to the White Barn and Redwood Cabin to occur at the same time. Director Riffle inquired when the Driscoll Event Center equestrian parking area would be open to the public. Land and Facilities Manager Brian Malone explained the public would be able to obtain a permit through the District’s regular permitting system. It is anticipated permits will be available for the Driscoll Event Center equestrian parking lot when the Sears Ranch Road parking lot opens. Director Siemens requested additional information regarding improvements to the Bear Creek Stables access road. Ms. Ruiz explained limited road and parking improvements will be completed in Phase I of the Preserve Plan. Staff will determine whether the road should be paved at that time. Board members requested clarification regarding various projects for La Honda Creek and Bear Creek Preserves. INFORMATIONAL REPORTS A. Committee Reports Director Kishimoto reported the Diversity Ad Hoc Committee met today to discuss the volunteer and docent program study and the locations of Board and Committee meetings and made recommendations on both items. Director Cyr reported the Legislative, Funding, and Public Affairs Committee met on March 7, 2017 to receive an update on legislation and discussed potential changes to Board member compensation. Meeting 17-07 Page 4 Director Siemens inquired if Board members could receive benefits now that they are considered District employees. General Counsel Sheryl Schaffner explained this would also require a change in state law. B. Staff Reports Assistant General Manager Kevin Woodhouse provided an update on the Santa Clara Valley Water District project at Sierra Azul Open Space Preserve. Mr. Woodhouse also provided updates regarding the Public Affairs department. Finally, Mr. Woodhouse reported on the work and upcoming meetings of the Santa Cruz Mountain Stewardship Network. Ms. Ruiz reported the netting safety structure at Fremont Older is complete, and the parking lot has reopened. The San Francisco Bay Restoration Authority Advisory Committee has convened and will be reviewing and providing input on the organization’s grant guidelines. General Manager Steve Abbors reported he recently filmed a segment for Doug McConnell’s Open Roads show regarding the why of what we do. Mr. Abbors reported and other staff members attended a meeting the San Mateo County Farm Bureau Executive Staff and provided a summary of the topics discussed. Progress continues on the various Mount Umunhum projects, and staff is preparing for the public opening, including an opportunity for staff and the Board to visit the site. Finally, the San Jose City Manager has suggested exploring a mutual aid agreement between San Jose and the District. C. Director Reports The Board members submitted their compensatory reports. Director Siemens reported his attendance at the Santa Clara County Special District’s Association meeting. Director Kishimoto reported she will be attending the Natural Capital Symposium at Stanford University in March. Director Kishimoto reported his attendance at the Santa Clara County Special District’s Association. President Hassett reported he will attending the Special Parks District Forum in Cleveland, Ohio. ADJOURNMENT President Hassett adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:00 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 17-08 DATE 03-22-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 74539 11636 - SOFTCHOICE CORPORATION Microsoft Software Licenses for IT Infrastructure Project 03/08/2017 31,996.36 74591 10578 - OLD REPUBLIC TITLE CO Purchase Option Deposit for Kahn Property - SA 03/16/2017 10,000.00 74532 *10180 - PG & E Monthly Electricity/Gas Service - LHC 03/08/2017 9,059.22 74589 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 03/15/2017 6,943.45 74579 11552 - ROBERT HALF TECHNOLOGY Labor Invoice for weeks ending 02/03/17 + 02/17/17 - Penny, Herbert R 03/15/2017 6,734.00 74586 10162 - TERMINIX PROCESSING CENTER Termite Fumigations - SA 03/15/2017 5,725.00 74566 11177 - HARRIS CONSTRUCTION Miscellaneous repairs/roof + sump pump repairs - MB & RR 03/15/2017 5,502.75 74575 10086 - PHYTOSPHERE RESEARCH Sudden Oak Death Research 03/15/2017 4,907.84 74567 11501 - HARRIS DESIGN Construction Review of FOOSP Parking Protection Project 03/15/2017 4,865.99 74527 11462 - MANAGEMENT PARTNERS Midpen Public Affairs Mgmt Services (Buttefield)03/08/2017 4,573.89 74530 10082 - PATSONS MEDIA GROUP Printing of Rancho Maps 03/08/2017 4,455.00 74515 11699 - DAKOTA PRESS Postage for spring 2017 newsletter 03/08/2017 4,228.73 74546 *11118 - WEX BANK Fuel for District vehicles 03/08/2017 3,821.14 74551 11441 - BEN FRANKLIN PLUMBING COMPANY NORTH BAY Emergency Water Repair (SAO)03/15/2017 3,300.00 74542 10177 - TOWN OF WOODSIDE Permit for Thornewood OSP Entrance Sign 03/08/2017 2,920.00 74507 11681 - BERKEY WILLIAMS LLP Amah Mutsun Mt. Umunhum Cultural Conservation Easement Jan 2017 03/08/2017 2,843.50 74508 10616 - BKF ENGINEERS Survey, Plat maps & legal descriptions - Ravenswood Bay trail 03/08/2017 2,835.50 74583 10302 - STEVENS CREEK QUARRY INC Rock for Pot holes Skyline Ridge parking lot 03/15/2017 2,584.64 74519 10524 - ERGO WORKS Ergo equipment 03/08/2017 2,431.61 74533 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services for March 03/08/2017 2,342.32 74516 *10032 - DEL REY BUILDING MAINTENANCE Monthly Janitorial Services/Supplies Feb 2017 03/08/2017 2,116.44 74518 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Legislative Representation: Wildlife Corridor Working Group 03/08/2017 2,000.00 74531 11129 - PETERSON TRUCKS INC.Vehicle Inspection and Repair - M22 03/08/2017 1,876.09 74504 10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 03/08/2017 1,804.00 74541 11505 - TOWN OF PORTOLA VALLEY Permit for Windy Hill OSP Entrance Sign 03/08/2017 1,690.00 74571 10190 - METROMOBILE COMMUNICATIONS Install radio/repeater/antennas on P113/remote speakerphones + antennas 03/15/2017 1,538.54 74558 10021 - COASTAL CHIMNEY SWEEP Chimney Repair - WH 03/15/2017 1,352.00 74540 11055 - SYSTEMS FOR PUBLIC SAFETY Background Checks - Seasonal Ranger/Ranger Candidates 03/08/2017 1,255.00 74578 10295 - RHUS RIDGE ASSOCIATION Annual Road Maintenance Dues (RSA)03/15/2017 1,250.00 74543 10230 - UNITED RENTALS NORTH AMERICA INC Pickup Truck Rental for Mt Um Road Project 1/31/17 - 2/28/17 03/08/2017 1,210.40 74590 *11176 - ZORO TOOLS Flares for Public Saftey/Tools for new trucks/Fall protection equip 03/15/2017 1,205.25 74556 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire fighting gear -- new ranger 03/15/2017 1,185.48 74560 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 03/15/2017 1,172.00 74513 10352 - CMK AUTOMOTIVE INC P83/P88 Service / Repair 03/08/2017 1,139.22 74528 11463 - MARLENE EYRE Ranger Academy Housing 03/08/2017 1,075.00 74547 11176 - ZORO TOOLS Tools for new truck 03/08/2017 1,052.41 74511 11754 - CARABETTA, ALYSHA Reimbursement for Food Expenses - Ranger Academy 03/08/2017 1,037.50 74588 10146 - TIRES ON THE GO P99 New Tires 03/15/2017 1,011.10 74554 *10840 - CALIFORNIA PENSION GROUP, LLC Consulting Services - January 2016 03/15/2017 1,000.00 74568 10222 - HERC RENTALS INC Roller Rental (FOOSP)03/15/2017 933.11 74549 11322 - AMERMEX UPGRADES AO Lighting Replacement 03/15/2017 930.00 74502 10001 - AARON'S SEPTIC TANK SERVICE PC/SR RESTROOMS PUMP 03/08/2017 915.00 page 2 of 3 CLAIMS REPORT MEETING 17-08 DATE 03-22-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 74584 10143 - SUMMIT UNIFORMS Peace Officer Body Armour/Uniform Items 03/15/2017 855.87 74510 11186 - CALIFORNIA DEPT FISH AND WILDLIFE-NAPA OFFICE Permit fees for BCR Public access roads 03/08/2017 842.00 74505 11749 - ASKAY, MELANIE Grant Writing USA Workshop Registration & Travel Reimbursement 03/08/2017 724.63 74580 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)03/15/2017 669.00 74517 11642 - ELIAS KHOURY Parking Citation Hearings 03/08/2017 533.65 74537 10349 - SHELTON ROOFING COMPANY INC Roof Repair - MB 03/08/2017 528.00 74564 10187 - GARDENLAND POWER EQUIPMENT Grinding wheel/equipment parts 03/15/2017 517.09 74587 *10263 - THE BANK OF NEW YORK MELLON Escrow Agent Fees - 1996 Rev Bonds 03/15/2017 500.00 74544 10403 - UNITED SITE SERVICES INC Electrical for Construction Trailer - Mt Um 03/08/2017 487.44 74523 10040 - GREAT PRINTING Booklets for school field trip program 03/08/2017 475.25 74545 11388 - WAGNER & BONSIGNORE Water Rights Reporting 03/08/2017 441.25 74555 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)03/15/2017 424.87 74557 10352 - CMK AUTOMOTIVE INC P89 service/A94 oil change/P105 service 03/15/2017 370.50 74570 11752 - LIN, JASON Reimbursements for Prof. Memberships, Cell Phone Jul-Dec 2016 03/15/2017 340.00 74582 10447 - SIMMS PLUMBING & WATER EQUIPMENT Quarterly Chlorination System - PCR/Hot water heater service TC 03/15/2017 323.23 74509 10273 - BRUCE BARTON PUMP SERVICE INC Water System Service (SAO)03/08/2017 303.32 74506 11436 - BAY TRAILRUNNERS LLC Refund of Event Permit Deposit 03/08/2017 300.00 74535 11615 - REDWOOD ESTATES SERVICES ASSOC. LOTS Annual Road Maintenance Dues (BCR)03/08/2017 300.00 74553 10011 - BILL'S TOWING SERVICE Towing of Vehicle - P98/A104 03/15/2017 280.50 74522 11607 - GFOA Annual Dues 2017-2018 03/08/2017 280.00 74561 10185 - COSTCO Refrigerator and Microwave Oven 03/15/2017 271.23 74520 11151 - FASTENAL COMPANY Gloves/drill/storage rack & containers 03/08/2017 263.95 74529 10670 - O'REILLY AUTO PARTS 2 Truck Batteries 03/08/2017 259.14 74536 11526 - REPUBLIC SERVICES Monthly garbage services - ECM 03/08/2017 243.62 74565 *10173 - GREEN WASTE SFO garbage / recycle 03/15/2017 230.50 74514 10184 - CONTINUING EDUCATION OF THE BAR Subscription Update CA RP Sales Trans 4th UP17 RE33691 03/08/2017 223.79 74550 10275 - BECKMAN, CRAIG Verizon Reimbursement 03/15/2017 220.00 74569 10341 - HOOPER, STAN Verizon Reimbursement 03/15/2017 220.00 74512 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire Equipment Parts 03/08/2017 219.91 74563 10174 - FORESTRY SUPPLIERS INC Credit memo - returned gear/supplies for crew 03/15/2017 190.05 74562 10524 - ERGO WORKS Ergo equipment 03/15/2017 190.00 74526 11326 - LEXISNEXIS Online Subscription Service Feb 2017 03/08/2017 188.84 74521 10169 - FOSTER BROTHERS SECURITY SYSTEMS Security Locks 03/08/2017 138.79 74573 10082 - PATSONS MEDIA GROUP Printing of Business cards: Ryder, Bazar, Askay, Carabetta 03/15/2017 132.00 74538 11559 - SIFUENTES-WINTER, JONATHAN Mileage Reimbursement 03/08/2017 118.66 74585 11295 - TAYLOR, ANDREW Reimburse CSMFO membership 03/15/2017 110.00 74559 *11530 - COASTSIDE.NET SFO Internet 03/15/2017 109.00 74525 11377 - JOHNSON, KRISTIN Kitchen Faucet - RR 03/08/2017 107.42 74572 10670 - O'REILLY AUTO PARTS BATTERY/Headlights 03/15/2017 89.13 74576 *10261 - PROTECTION ONE AO ALARM SERVICES 03/15/2017 82.73 74503 10528 - ALL STAR GLASS Repair Windshield - A94 03/08/2017 79.95 74524 10421 - ID PLUS INC Name tags 03/08/2017 68.50 74581 11429 - SAN MATEO COUNTY PARKS DEPARTMENT Sign Board Maps 03/15/2017 67.35 page 3 of 3 CLAIMS REPORT MEETING 17-08 DATE 03-22-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 74534 10176 - RE BORRMANN'S STEEL CO Mini-Excavator Parts 03/08/2017 41.01 74552 11744 - BERRY, WHITNEY Cell Phone reimbursement Jan, Feb 2017 03/15/2017 40.00 74548 *10120 - ADT SECURITY SERVICES INC Alarm Service (FFO)03/15/2017 39.99 74577 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)03/15/2017 27.25 74574 *10180 - PG & E Monthly Electricity Service - WH 03/15/2017 10.50 GRAND TOTAL 164,299.39$ *Annual Claims **Hawthorn Expenses 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-17-33 Meeting 17-08 March 22, 2017 AGENDA ITEM 3 AGENDA ITEM Revise Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances GENERAL MANAGER’S RECOMMENDATION Approve revisions to Board Policy 3.06 for disclosures relating to District bond issuances as recommended by the Action Plan and Budget Committee. SUMMARY In light of the District’s increased bond issuance activity and under the advice and guidance of Bond Counsel, the Board adopted Resolution 14-32 on November 25, 2014 with the goal to enhance transparency and credibility in the marketplace. This resolution established Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances. It was foreseen at the time of adoption that the policy would evolve and be revised over time to reflect lessons learned through working with the policy, and changes in the District’s organization structure. DISCUSSION The current Board Policy is based upon a template recommended by Jones Hall Law, the District’s bond counsel in 2014. It was based on a template for a much larger and more complex organization than the District, so we anticipated that it would need revisions after working with it for a time. During calendar year 2016, the District issued a request for proposal (RFP) to form a new Bond Team to assist the District with its ongoing debt program, incorporating best practices and strategic planning. The various roles of the new Bond Team include a new Disclosure Counsel and as one of the primary tasks, the new Disclosure Counsel performed a review of the current policy in order to incorporate the most recent best practices and streamline the current procedures to reflect the operational structure of the District. The attached revised policy (in clean and redline versions) incorporates the changes suggested by the new Disclosure Counsel in consultation with the District’s General Counsel and the Chief Financial Officer. The primary changes include: • Adding the Chief Financial Officer as a member of the Disclosure Working Group and Financing Group • Granting the Chief Financial Officer the authority to appoint the Disclosure Coordinator • Eliminating overlap between the Disclosure Working Group and the Financing Group R-17-33 Page 2 • Providing the Chief Financial Officer with authority to fulfill certain functions previously restricted to the Controller as related to Article II - “Review and Approval of Official Statements” and Article III – “Public Statements Regarding Financial Information” • The elimination of prior Attachments C “Cover Sheet Documenting Approval of Disclosure Document by Disclosure Working Group”, D “Form of Cover Letter for Transmittal of Official Statement by Financing Group to the Disclosure Working Group”, F “Form of Cover Letter for Transmittal of Financial Statement to the Disclosure Working Group” and G “Annual Financial Report/Required Tables and Supplemental Financial Disclosures” which were deemed to be either overly complex or not consistent with the District’s current structure FISCAL IMPACT No new fiscal impact. The revised policies will streamline existing procedures for compliance with obligations and practices under current debt issuances. BOARD COMMITTEE REVIEW The District’s Action Plan and Budget Committee held a meeting on February 21, 2017. The Committee voted to forward this revised Board Policy to the full Board of Directors for approval. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS The revised Policy would be incorporated by the District Clerk into the Board’s Policy Manual. After the Board’s adoption of this Policy, the General Manager, Chief Financial Officer, Controller and General Counsel will take all steps necessary to ensure compliance with it. Attachments: 1. Clean and Red-lined versions of new Board Policy 3.06 Responsible Department Manager: Stefan Jaskulak, Chief Financial Officer Prepared by: Andrew Taylor, Sr. Accountant and Disclosure Coordinator Midpeninsula Regional Open Space District Board Policy Manual Initial and Continuing Disclosures Relating to Bond Issuances Policy 3.06 Chapter 3 – Fiscal Management Effective Date: Revised Date: N/A Prior Versions: 04/01/2015 Attachments: A – List of Disclosure Documents, to be Amended as Necessary B – Listed Events C – Template of Information to be included in the Staff Report Transmitting Official Statement by General Manager to Board of Directors Board Policy 3.06 Page 1 of 7 Purpose Whenever the District makes statements or releases information relating to its finances to the public that are reasonably expected to reach investors and the trading markets (including, without limitation, all Listed Event Notices, statements in the audited Financial Statements, and other financial reports and statements of the District), the District is obligated to ensure that such statements and information are complete, true, and accurate in all material respects. The disclosure policies and procedures contained herein (the “Disclosure Procedures”) of the Midpeninsula Regional Open Space District (the “District”) are intended to ensure that the District’s disclosure documents (the “Disclosure Documents”), as listed on Attachment A to these Disclosure Procedures, are complete, true, and accurate in all material respects, and in compliance with applicable federal and state securities laws. Policy Article I: Key Participants and Responsibilities Section 1.01. Disclosure Working Group. (A) Composition. By adoption of these Disclosure Procedures, the District hereby establishes a disclosure working group (the “Disclosure Working Group”). The members of the Disclosure Working Group shall be the following: i. General Manager; ii. Chief Financial Officer iii. Controller; and iv. General Counsel. (B) Responsibilities. The Disclosure Working Group shall consult with the Financing Group (as defined in Section 1.03) and other interested parties designated by the Disclosure Working Group determines is advisable related to disclosure issues and practices. The Disclosure Working Group shall Attachment 1 Board Policy 3.06 Page 2 of 7 meet as often as necessary to fulfill its obligations, but not less than once per calendar year. Members of the Disclosure Working Group may participate in meetings by telephone. The Disclosure Working Group is responsible for: i. Reviewing and approving all preliminary and final official statements, private placement memoranda and remarketing memoranda relating to the District’s securities, together with any supplements, for which a continuing disclosure undertaking is required (each, an “Official Statement”) as further described in Article II, before such documents are released to the public; ii. Reviewing and approving the District’s Financial Statements (as defined and further described in Section 3.02 below); iii. Reviewing and approving any other Disclosure Documents before such documents are released; iv. Reviewing annually the District’s status and compliance with continuing disclosure undertakings including filings of Disclosure Documents and compliance with these Disclosure Procedures and the annual financial report as described in Article III below; v. Reviewing any other items referred to the Disclosure Working Group; and vi. Evaluating the effectiveness of these Disclosure Procedures and approving changes to these Disclosure Procedures as further described in Section 5.04 of this Policy. (C) Determination of Disclosure Document Status. Whether or not a particular document or other communication is a Disclosure Document shall be determined by the Disclosure Working Group. At its initial meeting, the Disclosure Working Group shall establish a list of the District’s recurring Disclosure Documents, which list shall be added to Attachment A to these Disclosure Procedures to the extent such documents are not already contained therein. The Disclosure Working Group shall update Attachment A to these Disclosure Procedures when appropriate. (D) Review and Approval. Following receipt of a Disclosure Document from the disclosure coordinator (the “Disclosure Coordinator”), the Disclosure Working Group shall review the Disclosure Document for accuracy and compliance with federal and state securities laws, direct questions tof the Disclosure Coordinator, and approve a substantially final form of the Disclosure Document, which approval may be evidenced by an email transmitted to the Disclosure Coordinator by the General Manager or his/her designee and a copy of which email shall be printed and maintained in the Deal File described in Section 5.01, or by such other written evidence. The Disclosure Coordinator shall consult with the District’s disclosure counsel to the extent the Disclosure Coordinator considers appropriate to perform his or her responsibilities. Section 1.02. Disclosure Coordinator. (A) Appointment. The Finance Manager is appointed as the Disclosure Coordinator. If the position of Finance Manager is vacant, the Chief Financial Officer, in consultation with the other members of the Disclosure Working Group, shall select and appoint the Disclosure Coordinator. Attachment 1 Board Policy 3.06 Page 3 of 7 (B) Responsibilities. The Disclosure Coordinator shall be responsible for: i. Serving as a “point person” for personnel to communicate issues or information that should be or may need to be included in any Disclosure Document, identifying District personnel that will assist in preparing and reviewing the Disclosure Documents (the “Contributors”); ii. Reviewing annually all continuing disclosure undertakings, preparing a checklist of updated information to be provided; iii. Recommending changes to these Disclosure Procedures to the Disclosure Working Group as deemed necessary or appropriate; iv. Communicating with third parties, including coordination with outside consultants assisting the District in preparing and disseminating Disclosure Documents to make sure that assigned tasks are completed timely, and that the filings are accurate and made timely; v. Soliciting “material” information (as defined for purposes of federal securities law) from District departments to prepare Disclosure Documents; vi. Monitoring compliance by the District with these Disclosure Procedures, including timely dissemination of the Annual Report and Listed Event filings, and maintaining records documenting the District’s compliance with these Disclosure Procedures; vii. Determining when Disclosure Documents are final and ready for review by the Disclosure Working Group to the extent required by these Disclosure Procedures; and viii. Identifying District personnel that should receive disclosure training, and ensuring compliance with training procedures described in Section 1.02(C). The Disclosure Coordinator is authorized to file or cause to be filed the following documents with the Municipal Securities Rulemaking Board (the “MSRB”), without prior review and approval of the Disclosure Working Group, but only after prior review and approval from the Chief Financial Officer: those Disclosure Documents that (i) the District is contractually obligated to file with the MSRB pursuant to written undertakings as a result of the occurrence of a Listed Event (as defined in Attachment B), or (ii) as a result of the failure to timely file the required annual financial report. (C) Training. The Disclosure Coordinator shall arrange for annual disclosure training conducted by the District’s disclosure counsel with the assistance of the General Counsel, for the Board of Directors members, the Disclosure Working Group, and Contributors. Such training sessions shall include education on these Disclosure Procedures, the District’s disclosure obligations under applicable federal and state securities laws, and the disclosure responsibilities and potential liabilities of members of District staff and members of the Board of Directors. Such training sessions may be conducted using a recorded presentation. Each member of the Board of Directors, and new members of the Finance Department shall be required to participate in disclosure training as part of his or her new member orientation. Attachment 1 Board Policy 3.06 Page 4 of 7 Section 1.03. Financing Group. General. The General Manager or his/her designee shall identify a Financing Group (the “Financing Group”) for each financing (the composition of which may differ for each financing), which shall include, at a minimum, the following individuals: i. Disclosure Working Group; ii. Disclosure Coordinator; iii. The District’s bond counsel and disclosure counsel; iv. The District’s financial advisor (if any); v. The District’s underwriter, placement agent, remarketing agent (as applicable); vi. The District’s dissemination agent (if any); vii. Such other such District staff as the General Manger or his/her designee determines to be appropriate; and viii. Such other consultants retained by the District as the General Manager or his/her designee determines to be appropriate. It is the District’s policy to establish continuing working relationships with professional advisors with expertise in the area of public finance and federal securities laws applicable to the issuance of securities by the District. Article II: Review and Approval of Official Statements Section 2.01. Responsibilities of Financing Group. The Financing Group shall prepare the Official Statement and confirm that the Official Statement: (a) has been reviewed and accurately states all information relating to the District, (b) confirm that any information in the Official Statement other than the information described in the previous clause (a) will be addressed by a closing certificate or opinion by an appropriate person, (c) contains a description of any failures of the District during the last five yars to comply with its continuing disclosure undertakings; and (d) is in substantially final form and is in a form ready to be “substantially final” by the Board of Directors, as evidenced by a Certificate executed and delivered by a member of the Financing Group pursuant to Rule 15c2-12, promulgated by the Securities and Exchange Commission. The Financing Group shall have at least one all-hands meeting or conference call to review the Official Statement. Section 2.03. Responsibilities of General Counsel. The General Counsel (or a designee) shall review the Official Statement and shall draft for the Official Statement descriptions of (i) any material current, pending or threatened litigation, (ii) any material settlements or court orders and (iii) any other legal issues that are material information for purposes of the Official Statement. Section 2.04. Responsibilities of Controller and Chief Financial Officer. The Controller and Chief Financial Officer shall review the Official Statement, identify any material difference in presentation of financial information from the Financial Statements and ensure there are no misstatements or Attachment 1 Board Policy 3.06 Page 5 of 7 omissions of material information in any sections that contain descriptions of information prepared by the Controller and/or Chief Financial Officer or other Contributors or of relevance to the finances of the District. In addition, the Controller and/or Chief Financial Officer shall determine whether the District’s then-available Financial Statements are appropriate to be included in the Official Statement and whether to seek the consent of the District’s auditor to include the Financial Statements in the Official Statement. Section 2.05. Review by Disclosure Working Group. Following receipt of the Official Statement from the Financing Group, the Disclosure Working Group shall evaluate the Official Statement for accuracy and compliance with federal and state securities laws, and shall, have an opportunity to ask questions of the Financing Group and of any Contributor or other person who reviewed or drafted any section of the Official Statement. The Disclosure Working Group may direct or request revisions and/or may instruct the Financing Group to solicit contributions from additional Contributors, as they deem necessary or appropriate. Section 2.06. Approval by Disclosure Working Group. Approval of the Official Statement by the Disclosure Working Group shall be evidenced by delivery of the Official Statement to the General Manager for docketing for a meeting of the Board of Directors as provided in Section 2.07. Section 2.07. Submission of Official Statements to Board of Directors for Approval. As part of the docketing process, the General Manager shall submit all Preliminary Official Statements to the Board of Directors for approval using a staff report that includes the information in the template attached as Attachment C to these Disclosure Procedures. The approval of an Official Statement by the Board of Directors shall be docketed as a new business matter and shall not be approved as a consent item. The Board of Directors shall undertake such review as deemed necessary, following consultation with the Controller, to fulfill the responsibilities of the Board of Directors under applicable federal and state securities laws. In this regard, the Controller shall consult with the District’s disclosure counsel to the extent necessary. Article III: Continuing Disclosure Filings Section 3.01. Overview. Under the continuing disclosure undertakings the District has entered into in connection with its debt offerings, the District is required each year to file Annual Reports with the Electronic Municipal Market Access (“EMMA”) system maintained by the MSRB in accordance with such undertakings. Such Annual Reports are required to include certain updated financial and operating information, and the District’s audited financial statements. The District is also required under its continuing disclosure undertakings to file notices of certain events (as summarized in Attachment B to these Disclosure Prodcedures) with EMMA. Section 3.02. Financial Statements. The Chief Financial Officer shall submit the District’s audited financial statements (“Financial Statements”), as they are available, to the Disclosure Working Group. The Disclosure Working Group shall review the audited Financial Statements according to these Disclosure Procedures and, when reviewed and approved for disclosure, shall transmit the audited Financial Statements to the Board of Directors. Attachment 1 Board Policy 3.06 Page 6 of 7 If the District does not have audited Financial Statements available in time to file the Annual Report, the Chief Financial Officer shall submit the District’s unaudited financial statements as provided in each specific continuing disclosure undertaking. Section 3.03. Annual Reports. The Disclosure Coordinator shall ensure that the preparation of the District’s Annual Report shall commence in enough time so that they are filed no later than 210 days following the end of the fiscal year of the District, or as otherwise required under each specific continuing disclosure undertaking. Before any Annual Report is submitted to EMMA, the Disclosure Coordinator shall review outstanding continuing disclosure undertakings, prepare a checklist of information to be updated, supervise the preparation of the Annual Report, and confer with the Disclosure Working Group as needed regarding the content and accuracy of any such report. Section 3.04. Disclosure of Listed Events. Pursuant to Rule 15c2-12(b)(5)(i)(C), the District is obligated to disclose to the MSRB notice of certain specified events with respect to the District’s securities (a “Listed Event”). Each member of the Disclosure Working Group shall notify the other members of the Disclosure Working Group if he or she becomes aware of the occurrence of any of the Listed Events listed in the District’s continuing disclosure undertakings. The Disclosure Working Group may meet to discuss the event and to determine, in consultation with disclosure counsel to the extent determined by the Disclosure Coordinator, whether a filing is required or is otherwise desirable. If such a filing is deemed necessary, the Disclosure Coordinator shall cause a notice of the Listed Event (a “Listed Event Notice”) that complies with Rule 15c2-12 to be prepared, and the Disclosure Coordinator shall file or cause to be filed the Listed Event Notice as required by Rule 15c2-12. Article IV: Public Statements Regarding Financial Information Section 4.01. Financial Information. Whenever the District makes statements or releases information relating to its finances to the public that are reasonably expected to reach investors and the trading markets (including, without limitation, all Listed Event Notices, statements in the audited Financial Statements, and other financial reports and statements of the District), the District is obligated to ensure that such statements and information are complete, true, and accurate in all material respects. The Chief Financial Officer shall have primary responsibility for ensuring that such financial statements and information are accurate and not misleading in any material respect. Article V: Miscellaneous Section 5.01. Documents to be Retained. The Disclosure Coordinator, working with the District Clerk as needed, shall be responsible for retaining records demonstrating compliance with these Disclosure Procedures. The Disclosure Coordinator shall retain an electronic or paper file (“Deal File”) for each Annual Report and notice of Listed Events filed or caused to be filed by the District. Each Deal File shall include final versions of Disclosure Documents, the transcript of proceedings prepared in connection with the issuance of financial instruments. The Deal File shall be maintained in a central depository for a period equal to the later of the date of maturity or defeasance of the securities referenced in the Disclosure Document. Section 5.02. Waivers. In addition to the General Manager’s authority to adopt an Administrative Procedure to make this Board Policy more specific, any provision of this Board Policy or any related administrative procedure may be waived at any time by the General Manager, with the written confirmation to the members of the Disclosure Working Group. This authority to waive a provision of this policy is triggered only if such waiver is necessary for timely and effective compliance with Attachment 1 Board Policy 3.06 Page 7 of 7 disclosure laws. Any waivers made under this provision shall be reported to the Board of Directors, with conforming revisions recommended for the Board’s consideration at the next update of this Board Policy and no later than within three months of implementation of such waiver. Attachment 1 Board Policy 3.06(a) Board Policy 3.06 ATTACHMENT A LIST OF DISCLOSURE DOCUMENTS, TO BE AMENDED AS NECESSARY 1. Preliminary and final official statements, private placement memoranda and remarketing memoranda relating to the District’s securities, together with any supplements. 2. Financial Statements. 3. Filings made by the District with the Municipal Securities Rulemaking Board, whether made pursuant to a continuing disclosure undertaking to which the District is a party or otherwise. 4. Press releases and other information distributed by or on behalf of the District for public dissemination to the extent that such releases are reasonably expected, in the determination of the Disclosure Working Group, to reach investors and the trading markets for municipal securities. 5. Rating agency presentations. 6. Postings on the investor information section of the District’s website, if any. 7. Such portions of the District’s published adopted annual budget as the Disclosure Working Group determines to be appropriate. 8. Any other communications that are reasonably expected, in the determination of the Disclosure Working Group, to reach investors and the trading markets for municipal securities. Amendments: [Date] Attachment 1 Board Policy 3.06(b) Board Policy 3.06 ATTACHMENT B LISTED EVENTS Occurrence of any of the following events require the District to make a filing on EMMA within ten (10) business days of their occurrence: 1. principal and interest payment delinquencies 2. unscheduled draws on debt service reserves reflecting financial difficulty 3. unscheduled draws on credit enhancements reflecting financial difficulty 4. substitution of credit or liquidity providers, or their failure to perform 5. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other events affecting the tax-exempt status of the security 6. tender offers 7. defeasances 8. rating changes 9. bankruptcy, insolvency, receivership or similar event of the obligated person The occurrence if any of the following events require the District to file a notice on EMMA within ten (10 days after their occurrence, if they are determined to be material by the Disclosure Working Group: 1. non-payment related defaults 2. modifications to the rights of security holders 3. bond calls 4. release, substitution or sale of property securing repayments of the securities 5. the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms 6. appointment of a successor or additional trustee or the change of name of a trustee Attachment 1 Board Policy 3.06(c) Board Policy 3.06 ATTACHMENT C Information to be Included in the Staff Report Transmitting Official Statement by General Manager to Board of Directors Transmittal staff report shall include, but is not limited to, the following information: The attached Preliminary Official Statement has been reviewed and approved for transmittal to the Board by the District’s Disclosure Working Group. The distribution of the Preliminary Official Statement by the District is subject to federal securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws require the Preliminary Official Statement to include all facts that would be material to an investor in the Obligations. Material information is information that there is a substantial likelihood would have actual significance in the deliberations of the reasonable investor when deciding whether to buy or sell the Obligations. If the Board of Directors concludes that the Preliminary Official Statement includes all facts that would be material to an investor in the Obligations, it must adopt a resolution that authorizes staff to execute a certificate to the effect that the Preliminary Official Statement has been “deemed final.” The Securities and Exchange Commission (the “SEC”), the agency with regulatory authority over the District’s compliance with the federal securities laws, has issued guidance as to the duties of the elected body with respect to its approval of the Preliminary Official Statement. In its “Report of Investigation in the Matter of County of Orange, California as it Relates to the Conduct of the Members of the Board of Supervisors” (Release No. 36761 / January 24, 1996) (the “Release”), the SEC stated that, if a member of the elected body has knowledge of any facts or circumstances that an investor would want to know about prior to investing in the Obligations, whether relating to their repayment, tax-exempt status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such facts are adequately disclosed in the Preliminary Official Statement. In the Release, the SEC stated that the steps that a member of the elected body take include becoming familiar with the Preliminary Official Statement and questioning staff and consultants about the disclosure of such facts. Section 1. Purpose of Financing. Section 2. Documents for Approval; Security for the Obligations. Section 3. Risks Relating to Repayment and Tax-Exempt Status of the Obligations. Section 4. Requested Approvals. Attachment 1 Midpeninsula Regional Open Space District Board Policy Manual Initial and Continuing Disclosures Relating to Bond Issuances Policy 3.06 Chapter 3 – Fiscal Management Effective Date: 04/01/2015 Revised Date: N/A Prior Versions: 04/01/2015N/A Attachments: A – List of Disclosure Documents, to be Amended as Necessary B – Listed Events C – Cover Sheet Documenting Approval of Disclosure Document By Disclosure Working Group D – Form of Cover Letter for Transmittal of Official Statement by Financing Group to Disclosure Working Group E – Form Template of Information to be included in the of Staff Report Transmitting Official Statement by DistrictGeneral Manager to District Board of Directors F – Form of Cover Letter for Transmittal of Financial Statements to Disclosure Working Group G – Required Tables and Supplemental Financial Disclosures Board Policy 3.06 Page 1 of 7 Purpose Whenever the District makes statements or releases information relating to its finances to the public that are reasonably expected to reach investors and the trading markets (including, without limitation, all Listed Event Notices, statements in the audited Financial Statements, and other financial reports and statements of the District), the District is obligated to ensure that such statements and information are complete, true, and accurate in all material respects. The disclosure policies and procedures contained herein (the “Disclosure Procedures”) of the Midpeninsula Regional Open Space District (the “District”) are intended to ensure that the District’s disclosure documents (the “Disclosure Documents”), as listed on Attachment A to these Disclosure Procedures, are complete, true, and accurate in all material respects, and in compliance with applicable federal and state securities laws. Policy Article I: Key Participants and Responsibilities Section 1.01. Disclosure Working Group. (A) Composition. By adoption of these Disclosure Procedures, the District hereby establishes a disclosure working group (the “Disclosure Working Group”). The members of the Disclosure Working Group shall be the following: i. General Manager; i.ii. Chief Financial Officer ii.iii. Controller; and iii.iv. General Counsel. Attachment 1 Board Policy 3.06 Page 2 of 7 (B) Responsibilities. The Disclosure Working Group shall consult with the Financing Group (as defined in Section 1.03) orand other interested parties as the Controller or any other memberdesignated by of the Disclosure Working Group determines is advisable related to disclosure issues and practices. The Disclosure Working Group shall meet as often as necessary to fulfill its obligations, but not less than once per calendar year. Members of the Disclosure Working Group may participate in meetings by telephone. The Disclosure Working Group is responsible for: i. Reviewing and approving all preliminary and final official statements, private placement memoranda and remarketing memoranda relating to the District’s securities, together with any supplements, for which a continuing disclosure undertaking is required (each, an “Official Statement”) as further described in Article II, before such documents are released to the public; ii. Reviewing and approving the District’s Financial Statements (as defined and further described in Section 3.02 below); iii. Reviewing and approving any other Disclosure Documents before such documents are released; iv. Reviewing annually the District’s status and compliance with continuing disclosure undertakings including filings of Disclosure Documents and compliance with these Disclosure Procedures and the annual financial report as described in Article III below; v. Reviewing any other items referred to the Disclosure Working Group; and vi. Evaluating the effectiveness of these Disclosure Procedures and approving changes to these Disclosure Procedures as further described in Section 5.04 of this Policy. (C) Determination of Disclosure Document Status. Whether or not a particular document or other communication is a Disclosure Document shall be determined by the Disclosure Working Group. At its initial meeting, the Disclosure Working Group shall establish a list of the District’s recurring Disclosure Documents, which list shall be added to Attachment A to these Disclosure Procedures to the extent such documents are not already contained therein. The Disclosure Working Group shall continue to update Attachment A to these Disclosure Procedures when appropriate. (D) Review and Approval. Following receipt of a Disclosure Document from a disclosure the disclosure coordinator selected by the Finance Manager (the “Disclosure Coordinator”) or the Financing Group (as defined in Section 1.03 below), the Disclosure Working Group shall evaluatereview the Disclosure Document for accuracy and compliance with federal and state securities laws, and shall, if appropriate, askdirect questions to of the Disclosure Coordinator., and approve a substantially final form of the Disclosure Document, which approval may be evidenced by an email transmitted to the Disclosure Coordinator by the General Manager or his/her designee and a copy of which email shall be printed and maintained in the Deal File described in Section 5.01, or by such other written evidence. The Disclosure Working Group may send the Disclosure Document back to the Financing Group for revisions. Attachment 1 Board Policy 3.06 Page 3 of 7 The Disclosure Coordinator shall consult with the District’s disclosure counsel to the extent the Disclosure Coordinator considers appropriate to perform his or her responsibilities. Section 1.02. Disclosure Coordinator. (A) Appointment. The Finance Manager is appointed as the Disclosure Coordinator. If the position of Finance Manager is vacant, the ControllerChief Financial Officer, in consultation with the other members of the Disclosure Working Group, shall select and appoint the Disclosure Coordinator. (B) Responsibilities. The Disclosure Coordinator isshall be responsible for: i. Serving as a “point person” for personnel to communicate issues or information that should be or may need to be included in any Disclosure Document, identifying District personnel that will assist in preparing and reviewing the Disclosure Documents (the “Contributors”); ii. Reviewing annually all continuing disclosure undertakings, preparing a checklist of updated information to be providedMonitoring compliance by the District with these Disclosure Procedures, including timely dissemination of the annual financial report and Listed Event filings; iii. Recommending changes to these Disclosure Procedures to the Disclosure Working Group as deemed necessary or appropriate; iv. Communicating with third parties, including coordination with outside consultants assisting the District, in the preparation and dissemination ofpreparing and disseminating Disclosure Documents to make sure that assigned tasks have beenare completed on a timely, basis and making sure that the filings are accurate and made on a timely basis and are accurate; v. In anticipation of preparing Disclosure Documents, sSoliciting “material” information (as defined for purposes of federal securities law) from District departments to prepare Disclosure Documents; vi. Monitoring compliance by the District with these Disclosure Procedures, including timely dissemination of the Annual Report and Listed Event filings, and Mmaintaining records documenting the District’s compliance with these Disclosure Procedures; vii. Determining when Disclosure Documents are final and ready for review by the Disclosure Working Group to the extent required by these Disclosure Procedures; and viii. Identifying District personnel that should receive disclosure training, and Eensuring compliance with training procedures as described belowin Section 1.02(C). The Disclosure Coordinator mayis authorized to file or cause to be filed the following documents with the Municipal Securities Rulemaking Board (the “MSRB”), without prior review and approval of the Disclosure Working Group, but only after prior review and approval from the ControllerChief Financial Officer if the Controller selects someone other than himself or herself to fill the role of Disclosure Attachment 1 Board Policy 3.06 Page 4 of 7 Coordinator: those Disclosure Documents that (i) the District is contractually obligated to file with the MSRB pursuant to written undertakings as a result of the occurrence of a Listed Event (as defined in Attachment BSection 2.03), or (ii) as a result of the failure to timely file the required annual financial report and (ii) contain no discretionary content. (C) Training. Separate The Disclosure Coordinator shall arrange for annual disclosure training conducted by the District’s disclosure counselsessions shall be conducted by the District’s disclosure counsel, with the assistance of the District General Counsel, for the District Board of Directors members, the Disclosure Working Group, and Contributors. Such training sessions shall include education on these Disclosure Procedures, the District’s disclosure obligations under applicable federal and state securities laws, and the disclosure responsibilities and potential liabilities of members of District staff and members of the Board of Directors. Such training sessions may be conducted using a recorded presentation. At a minimum, eEach member of the District Board of Directors, and new members of the Finance Department member mustshall be required to participate in a disclosure training session as part of his or her new member orientation. Section 1.03. Financing Group. General. The ControllerGeneral Manager or his/her designee shall identify a Financing Group (the “Financing Group”) for each financing (the composition of which may differ for each financing), which shall include, at a minimum, the following individuals: i. General Manager ii. General Counsel; iii.i. Disclosure Working GroupController; iv.ii. Disclosure Coordinator; v.iii. The District’s outside bond counsel and disclosure counsel; vi.iv. The District’s financial advisor (if any); v. The District’s underwriter, placement agent, remarketing agent (if anyas applicable); and vii.vi. The District’s dissemination agent (if any); viii.vii. Such other such District staff as the ControllerGeneral Manger or his/her designee determines to be appropriate; and ix.viii. Such other consultants retained by the District as the General Manager or his/her designee determines to be appropriate. Attachment 1 Board Policy 3.06 Page 5 of 7 It is the District’s policy to establish continuing working relationships with professional advisors with expertise in the area of public finance and federal securities laws applicable to the issuance of securities by the District. Article II: Review and Approval of Official Statements Section 2.01. Responsibilities of Financing Group. The Financing Group shall prepare the Official Statement and transmit the Official Statement to the Disclosure Working Group. More specifically: (A) The Financing Group shall be responsible for reviewing disclosure documents solicited from the Departments by the Disclosure Coordinator, as required by Section 1.04(B) above. The Financing Group shall identify persons assigned to assist with the review or preparation of an Official Statement (“Contributors”) who (a) should prepare portions of the Official Statement, (b) may have information necessary to prepare portions of the Official Statement or (c) should review portions of the Official Statement. (B) The Controller shall contact the individuals and departments identified as Contributors as soon as possible in order to provide adequate time for them to perform their assigned tasks. At the time a Contributor is first contacted, he or she shall be informed by the Controller of the applicable requirements of federal and state securities law, including the standard established by Rule 10b-5, promulgated by the Securities and Exchange Commission. (C) The Financing Group shall transmit the Official Statement to the Disclosure Working Group, using the cover letter attached to these Disclosure Procedures as Attachment D to these Disclosure Procedures. In so doing, the Financing Group shall and confirm (a) confirm that the Official Statement: (a) has been reviewed and accurately states all material information relating to the District, and that all information relating to the District has been reviewed by an appropriate person, (b) confirm that allany information in the Official Statement other than the information described in the previous clause (a) will be addressed by a closing certificate or opinion by an appropriate person, (c) contains a description of any failures of the District during the last five yars to comply with its continuing disclosure undertakings; report any disclosure issues and concerns to the Disclosure Working Group and (d) confirm that the Official Statement is in substantially final form and is in a form ready to be “deemedsubstantially final” by the District Board of Directors, as evidenced by a Certificate executed and delivered by a member of the Financing Group pursuant to Rule 15c2-12, promulgated by the Securities and Exchange Commission. The Financing Group shall have at least one all-hands meeting or conference call to review the Official Statement. (D) The Financing Group shall have at least one all-hands meeting or conference call to review the Official Statement before transmitting it to the Disclosure Working Group. Section 2.02. Responsibilities of Contributors. A Contributor shall assist in reviewing and preparing the Official Statement using his or her knowledge of the District and, if appropriate, by discussing the Official Statement with other members of the Contributor’s department, all for the purpose of ensuring the accuracy of the relevant portions of the Official Statement. The Financing Group shall identify all Contributors that participated in preparing the Official Statement and their responsibilities in the cover letter it uses to transmit the Official Statement to the Disclosure Working Group (see Attachment D to these Disclosure Procedures). Section 2.03. Responsibilities of District General Counsel. The District General Counsel (or a designee) shall review the Official Statement and shall draft for the Official Statement descriptions of (i) any Attachment 1 Board Policy 3.06 Page 6 of 7 material current, pending or threatened litigation, (ii) any material settlements or court orders and (iii) any other legal issues that are material information for purposes of the Official Statement. Section 2.04. Responsibilities of Controller and Chief Financial Officer. The Controller and Chief Financial Officer shall review the Official Statement, identify any material difference in presentation of financial information from the Financial Statements and ensure there are no misstatements or omissions of material information in any sections that contain descriptions of information prepared by the Controller and/or Chief Financial Officer or other Contributors or of relevance to the finances of the District. In addition, the Controller and/or Chief Financial Officer shall determine whether the District’s then-available Financial Statements are appropriate to be included in the Official Statement and whether to seek the consent of the District’s auditor to include the Financial Statements in the Official Statement. Section 2.05. Review by Disclosure Working Group. Following receipt of the Official Statement from the Financing Group, the Disclosure Working Group shall evaluate the Official Statement for accuracy and compliance with federal and state securities laws, and shall, if appropriate,have an opportunity to ask questions of the Financing Group and of any Contributor or other person who reviewed or drafted any section of the Official Statement. The Disclosure Working Group may send Official Statements back to the Financing Group for may direct or request revisions and/or may instruct the Financing Group to solicit contributions from additional Contributors, as they deem necessary or appropriate. Section 2.06. Approval by Disclosure Working Group. Upon aApproval of the Official Statement by the Disclosure Working Group shall be evidenced by delivery of the Official Statement to the General Manager for docketing for a meeting of the Board of Directors as provided in Section 2.07., the Disclosure Working Group shall attach to the Official Statement a cover sheet in the form of Attachment C to these Disclosure Procedures. Each Official Statement and the attached cover sheet shall be retained in the files of the District Clerk for 5 years (or such longer period of time as may be required by state law). Section 2.07. Submission of Official Statements to District Board of Directors for Approval. As part of the docketing process, the District General Manager shall submit all Preliminary Official Statements to the District Board of Directors for approval using a staff report that is similar in form and substance toincludes the information in the template attached as Attachment EC to these Disclosure Procedures. The approval of an Official Statement by the District Board of Directors shall be docketed as a new business matter and shall not be approved as a consent item. The District Board of Directors shall undertake such review as deemed necessary by the District Board of Directors, following consultation with the Controller, to fulfill the District Board of Directors’s responsibilities of the Board of Directors under applicable federal and state securities laws. In this regard, the Controller shall consult with the District’s disclosure counsel to the extent necessary. Article III: Continuing Disclosure Filings Section 3.01. Overview. Under the continuing disclosure undertakings the District has entered into in connection with its debt offerings, the District is required each year to file aAnnual financial rReports with the MSRB’s Electronic Municipal Market Access (“EMMA”) system maintained by the MSRB in accordance with such undertakings. Such aAnnual financial rReports are required to include certain updated financial and operating information, and the District’s audited financial statements. Attachment 1 Board Policy 3.06 Page 7 of 7 The District is also required under its continuing disclosure undertakings to file notices of certain events (as summarized in Attachment B to these Disclosure Prodcedures) with EMMA. Section 3.02. Financial Statements. The ControllerChief Financial Officer shall submit the District’s audited financial statements (“Financial Statements”), as they are available, to the Disclosure Working Group with a cover sheet in the form of Attachment F to these Disclosure Procedures. The Disclosure Working Group shall review the audited Financial Statements according to these Disclosure Procedures and, when reviewed and approved for disclosure, shall transmit the audited Financial Statements to the District Board of Directors with a cover sheet in the form of Attachment C to these Disclosure Procedures. If the District does not have audited Financial Statements available in time to file the Annual Report, the ControllerChief Financial Officer shall instead submit the District’s unaudited financial statements as provided in each specific continuing disclosure undertaking. Section 3.03. Annual Financial Reports. The Disclosure Coordinator shall ensure that the preparation of the District’s aAnnual financial rReports shall commence in enough time so that they are filed no later than 210 days following the end of the fiscal year of the District, or as otherwise as required under each specific continuing disclosure undertaking. Before any aAnnual financial rReport is submitted to EMMA, the Disclosure Coordinator shall review outstanding continuing disclosure undertakings, prepare a checklist of information to be updated, supervise the preparation of the Annual Report, and confer with the Disclosure Working Group as needed regarding the content and accuracy of any such report, including all tables for all Official Statements for all outstanding District debt, including but not limited to those listed in Attachment G. Section 3.04. Disclosure of Listed Events. Pursuant to Rule 15c2-12(b)(5)(i)(C), the District is obligated to disclose to the MSRB notice of certain specified events with respect to the District’s securities (a “Listed Event”). Each member of the Disclosure Working Group shall notify the other members of the Disclosure Working Group if he or she becomes aware of the occurrence of any of the Listed Events listed in the District’s continuing disclosure undertakings. The Disclosure Working Group may meet to discuss the event and to determine, in consultation with disclosure counsel to the extent determined by the Disclosure Coordinator, whether a filing is required or is otherwise desirable. If such a filing is deemed necessary, the Disclosure Coordinator shall cause a notice of the Listed Event (a “Listed Event Notice”) that complies with Rule 15c2-12 to be prepared, and the Disclosure Coordinator shall file or cause to be filed the Listed Event Notice as required by Rule 15c2-12. For securities issued after December 1, 2010, and variable rate demand obligations issued at any time but which convert from a mode exempted from Rule 15c2-12 to a mode not so exempted on or after December 1, 2010, such related continuing disclosure undertakings should contain Listed Events as listed in Attachment B to these Disclosure Procedures. Article IV: Public Statements Regarding Financial Information Section 4.01. Financial Information. Whenever the District makes statements or releases information relating to its finances to the public that are reasonably expected to reach investors and the trading markets (including, without limitation, all Listed Event Notices, statements in the audited Financial Statements, and other financial reports and statements of the District), the District is obligated to ensure that such statements and information are complete, true, and accurate in all material respects. The ControllerChief Financial Officer shall have primary responsibility for ensuring that such financial statements and information are accurate and not misleading in any material respect. Attachment 1 Board Policy 3.06 Page 8 of 7 Article V: Miscellaneous Section 5.01. Documents to be Retained. The Disclosure Coordinator, working with the District Clerk as needed, shall be responsible for retaining records demonstrating compliance with these Disclosure Procedures. The Disclosure Coordinator shall retain an electronic or paper file (“Deal File”) for each continuing disclosure aAnnual financial rReport and notice of Listed Events filed or caused to be filed by that the District completes. Each Deal File shall include final versions of Disclosure Documents, the transcript of proceedings prepared in connection with the issuance of financial instruments. accompanied by the cover sheet attached as Attachment C to these Disclosure Procedures; written confirmations, certifications, letters and legal opinions described herein; copies of these Disclosure Procedures and a list of individuals to whom they have been distributed and the dates of such distributions; and a written record of the dates of meetings of the Disclosure Working Group. The Deal File shall be maintained in a central depository for a period equal to of five years from the later of the date of maturity or defeasancedelivery of the securities referenced in the Disclosure Document, or the date the Disclosure Document is published, posted, or otherwise made publicly available, as applicable. Section 5.02. Education and Training. The Disclosure Coordinator shall ensure that the Disclosure Working Group, all Contributors, and the District Board of Directors are properly trained to understand and perform their responsibilities. The Disclosure Coordinator shall arrange for at least annual disclosure training sessions conducted by the District’s disclosure counsel. Such training sessions shall include education on these Disclosure Procedures, the District’s disclosure obligations under applicable federal and state securities laws and the disclosure responsibilities and potential liabilities of members of District staff and members of the District Board of Directors. Such training sessions may be conducted using a recorded presentation. Section 5.03. District’s Website. The District shall maintain an investor information section of the District’s website. Disclosure Documents that are material to the District’s securities, and no other information, shall be posted to the investor information section of the District’s website following review and approval as set forth in this Section 5.03. The investor information of the District’s website shall include the following statement: “The only information on this Web site that is posted with the intention of reaching the investing public, including bondholders, rating analysts, investment advisors, or any other members of the investment community, is located on the investor information web pages. Other than the specific information presented in the investor information web pages, no other information on the District’s website is intended to be the basis of or should be relied upon in making an investment decision. Because each security issued by the District or its related entities may involve different sources of payment and security, you should refer for additional information to the official statement and continuing disclosure filings for the particular security. The information posted in the investor information web pages speaks only as of its date.” Section 5.0402. WaiversAmendments. In addition to the General’s Manager’s authority to adopt an Administrative PolicyProcedure to make this Board Policy more specific, any provision of this Board Policyese or any related administrative procedure Disclosure Procedures may be waived or amended at any time by the General Manager, with the written confirmation ofto the members of the Disclosure Working Group. This authority to waive a provision of this policy procedure is triggered only if such waiver or amendment is necessary for timely and effective compliance with disclosures laws. Any Attachment 1 Board Policy 3.06 Page 9 of 7 waivers or amendments made under this provision shall be reported to the Board of Directors, with conforming revisions recommended for the Board’s consideration at the next update of this Board Policy and no later than within three months of implementation of such waiver or amendment. Attachment 1 Board Policy 3.06(a) Board Policy 3.06 ATTACHMENT A LIST OF DISCLOSURE DOCUMENTS, TO BE AMENDED AS NECESSARY 1. Preliminary and final official statements, private placement memoranda and remarketing memoranda relating to the District’s securities, together with any supplements. 2. Financial Statements. 3. Filings made by the District with the Municipal Securities Rulemaking Board, whether made pursuant to a continuing disclosure undertaking to which the District is a party or otherwise. 4. Press releases and other information distributed by or on behalf of the District for public dissemination to the extent that such releases are reasonably expected, in the determination of the Disclosure Working Group, to reach investors and the trading markets for municipal securities. 5. Rating agency presentations. 6. Postings on the investor information section of the District’s website, if any. 7. Such portions of the District’s published adopted annual budget as the Disclosure Working Group determines to be appropriate, which shall, at a minimum, include the executive summary. 8. Any other communications that are reasonably expected, in the determination of the Disclosure Working Group, to reach investors and the trading markets for municipal securities. Amendments: [Date] Attachment 1 Board Policy 3.06(b) Board Policy 3.06 ATTACHMENT B LISTED EVENTS The Disclosure Coordinator should review this list at least once each week to determine whether any event has occurred that may require a filing with EMMA. For securities (subject to Rule 15c2-12) issued on or after December 1, 2010, or for variable rate demand bonds that are converted from a mode currently exempted from rule 15c2-12 to a mode not so exempted on or after December 1, 2010,Occurrence of any of the following events automatically triggerrequire the District a requirement to make a filingfile on EMMA within ten (10) business days of their occurrence, without regards to the materiality of the event: 1. principal and interest payment delinquencies 2. unscheduled draws on debt service reserves reflecting financial difficulty 3. unscheduled draws on credit enhancements reflecting financial difficulty 4. substitution of credit or liquidity providers, or their failure to perform 5. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other events affecting the tax-exempt status of the security 6. tender offers 7. defeasances 8. rating changes 9. bankruptcy, insolvency, receivership or similar event of the obligated person 10. failure to provide in a timely manner notice to provide required annual financial information by the date specified in any continuing disclosure undertaking The occurrence if any of the following events trigger a requirementrequire the District to file a notice of their occurrence on EMMA within a ten (10 daysreasonable period of time after their occurrence, onceif they are determined to be material by the Disclosure Working Group: 1. non-payment related defaults 2. modifications to the rights of security holders 3. bond calls 4. release, substitution or sale of property securing repayments of the securities 5. the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms Attachment 1 Board Policy 3.06(b) Board Policy 3.06 6. appointment of a successor or additional trustee or the change of name of a trustee Attachment 1 Board Policy 3.06(c) Board Policy 3.06 ATTACHMENT C Cover Sheet Documenting Approval of Disclosure Document By Disclosure Working Group Date: [Option #1] The attached Disclosure Document has been reviewed and approved by the Disclosure Working Group pursuant to the District’s Disclosure Policies and Procedures. General Manager Controller General Counsel Note: The approval of only the Disclosure Coordinator is required for Disclosure Documents that (i) the District is contractually obligated to file with the MSRB as a result of the occurrence of a Listed Event or as a result of the failure to file the required annual financial report on a timely basis or (ii) contain no discretionary content. [Option #2] The attached Disclosure Document has been reviewed and approved by the Disclosure Coordinator pursuant to the District’s Disclosure Policies and Procedures. Disclosure Coordinator Attachment 1 Board Policy 3.06(d) Board Policy 3.06 ATTACHMENT D Form of Cover Letter for Transmittal of Official Statement by Financing Group to Disclosure Working Group Disclosure Working Group: With respect to the attached Official Statement: (i) the Financing Group has performed its responsibilities set forth in subsection iii. of Section 3.01 of the Disclosure Policies and Procedures; (ii) the members of the Financing Group and the Contributors to the Official Statement are listed below; (iii) the Official Statement accurately reports all material information relating to the District, and all information relating to the District has been critically reviewed by an appropriate person; and (iv) all information in the Official Statement, other than the information described in the previous clause (iii) will be addressed by an appropriate person in a closing certificate or opinion and (iv) [Option #1: in our judgment, the Official Statement is in substantially final form and ready for review by the Disclosure Working Group] [Option #2: the following are significant disclosure issues or concerns identified by the Financing Group]. Controller Members of Financing Group: [to come] Contributors: [to come] Attachment 1 Board Policy 3.06(e) Board Policy 3.06 ATTACHMENT EC FormTemplate of Information to be Included in the of Staff Report Transmitting Official Statement by DistrictGeneral Manager to District Board of Directors To: Members of the Board of Directors From: General Manager Date: __________________ This Staff Report relates to the proposed issuance of ______ (the “Obligations”) by the District. The Board of Directors (Board) is asked to approve issuance of the Obligations and all related documents. The near- final versions of these documents are attached. Transmittal staff report shall include, but is not limited to, the following information: The attached Preliminary Official Statement has been reviewed and approved for transmittal to the Board by the District’s Disclosure Working Group. The distribution of the Preliminary Official Statement by the District is subject to federal securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws require the Preliminary Official Statement to include all facts that would be material to an investor in the Obligations. Material information is information that there is a substantial likelihood would have actual significance in the deliberations of the reasonable investor when deciding whether to buy or sell the Obligations. If the Board of DirectorsDistrict Council concludes that the Preliminary Official Statement includes all facts that would be material to an investor in the Obligations, it must adopt a resolution that authorizes staff to execute a certificate to the effect that the Preliminary Official Statement has been “deemed final.” The Securities and Exchange Commission (the “SEC”), the agency with regulatory authority over the District’s compliance with the federal securities laws, has issued guidance as to the duties of the elected body with respect to its approval of the Preliminary Official Statement. In its “Report of Investigation in the Matter of County of Orange, California as it Relates to the Conduct of the Members of the Board of Supervisors” (Release No. 36761 / January 24, 1996) (the “Release”), the SEC stated that, if a member of the elected body has knowledge of any facts or circumstances that an investor would want to know about prior to investing in the Obligations, whether relating to their repayment, tax-exempt status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such facts are adequately disclosed in the Preliminary Official Statement. In the Release, the SEC stated that the steps that a member of the elected body take include becoming familiar with the Preliminary Official Statement and questioning staff and consultants about the disclosure of such facts. Section 1. Purpose of Financing. Section 2. Documents for Approval; Security for the Obligations. Section 3. Risks Relating to Repayment and Tax-Exempt Status of the Obligations. Section 4. Requested Approvals. Attachment 1 Board Policy 3.06(f) Board Policy 3.06 ATTACHMENT F Form of Cover Letter for Transmittal of Financial Statements to Disclosure Working Group Disclosure Working Group: I attach the District’s financial statements as of March 31, ____, along with an opinion of our independent auditor. I believe the financial statements present fairly, in all material respects, the financial position of the District as of March 31, ____ in accordance with accounting principles generally accepted in the United States of America and applicable laws and regulations of the State of California. In addition, the financial statements include a Management Statement and certain supplementary schedules that I conclude are true and accurate. These Financial Statements are ready for review by the Disclosure Working Group pursuant to Section 4.02 of the Disclosure Procedures. Controller Attachment 1 Board Policy 3.06(g) Board Policy 3.06 ATTACHMENT G Annual Financial Report Required Tables and Supplemental Financial Disclosures The Annual financial report is due 210 days after end of fiscal year and will update all tables for all Official Statements for all outstanding District debt and CUSIP number, including: 1. Updated Tables from Official Statement a. District Secured and Unsecured Tax Receipts b. Projected District Revenues c. Projected Debt Coverage d. Composite District Payment Obligations e. District Debt Outstanding f. District Assessed Valuation g. Direct and Overlapping Debt 2. Supplemental Financial Disclosures a. Bonds Redeemed Prior to Maturity b. Amount of Bond Reserve Funds Attachment 1 R-17-34 Meeting 17-08 March 22, 2017 AGENDA ITEM 4 AGENDA ITEM Proposed Enhancement to District’s Accounts Payable Claims Process GENERAL MANAGER’S RECOMMENDATIONS Approve the recommendations from the Action Plan and Budget Committee: 1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000) without holding for Board approval, but continue to provide the current claims report to the board for information. 2. Approve the revised Board Policy 1.03 – Board Agenda. SUMMARY The Board of Directors (Board) has directed staff to continuously evaluate and identify enhancements to operational efficiencies and improvements that streamline processes including alignment with the opportunities identified in the Financial and Operational Sustainability Model Study conducted in 2015. The current process of holding claims checks over $50,000 is manual and prevents the District from enabling the New World System to process electronic transfers. Furthermore, the Board authorizes and commits to the expenditure at the beginning of the contracting process when a contract is approved. The General Manager recommends that the Board remove the requirement for Accounts Payable staff to hold checks or payments over $50,000 for which the Board provided prior approval through an adopted budget and authorization to enter under contract or agreement. To implement this streamlined claims procedure enhancement, the General Manager also proposes revising the Claims section of Board Policy 1.03 – Board Agenda. Additionally, a repeal of Resolution 14-12 is necessary to implement the streamlined process and is also being considered for Board approval at the March 22, 2017 Board meeting MEASURE AA This is not a Measure AA project. R-17-34 Page 2 DISCUSSION Accounts Payable staff holds all single claim payments exceeding $50,000 until review and approval from the Board at the next regular meeting. The unintended consequences of holding these payments are: (1) creates additional processing steps for Accounts Payable staff, (2) delays payments to vendors, and (3) prevents implementation of efficient, system-wide electronic payments via the New World system. Current Process to authorize Expenditures 1. Board approval of budget - The Board establishes the funding for the District’s plans and sets the components of the District’s fund balances including the constraints for specific purposes. 2. Board approval of purchases in excess of $50,000 – If the cost of service, material, or other valuable consideration exceeds $50,000, requester must present to the Board for approval, justification to bind the District under a contractual agreement. 3. Management sign-off on contract – The contract and supporting documentation routed for management approval. 4. System contract and purchase order management – Upon receipt of a fully authorized contract, generate and approve a New World system contract and purchase order. 5. Checks over $50,000 held for Board approval – Accounts Payable staff holds payments in excess of $50,000 or Board review and approval prior to mailing. Proposed Process, including additional Controls With the creation of the Procurement and Contract Specialist role, the District has the staff needed to set additional controls through auditing contractual documentation. 1. Board approval of budget – No change to process 2. Board approval of purchases in excess of $50,000 – No change to process 3. Management sign-off on contract – No change to process R-17-34 Page 3 4. Planned: Procurement audit of fully authorized system contract and purchase order – a. Verify Board approval of budget and Board authorization to proceed with contract b. Verify management sign-off on contract routing slip c. Verify fully authorized contractual documents are loaded into New World system 5. Proposed: Payments over $50,000 – With added controls, Accounts Payable releases the checks without prior review from Board. Board provided with Claims report at next Board meeting. Benefits to Enhanced Process: 1. Fewer invoice payment processing steps – By reducing the number of steps needed to process an invoice, staff can process an increased volume of invoices while also decreasing administration costs to process these invoices. Additionally, the reduced invoice approval cycle, from weeks to a few days, opens up opportunities to negotiate early payment discounts with vendors. 2. Supports electronic payment system – Eliminating payment holds for single claim payments over $50,000 allows the District to fully utilize the New World accounts payable system and implement this more efficient and more secure method of vendor payment. Enhanced Invoice processing Steps If approved, the combined proposed enhancements streamline invoice-processing activities from fifteen steps and eight reviewers to nine steps and five reviewers. R-17-34 Page 4 Current Invoice Process Enhanced Invoice Process FISCAL IMPACT There is no negative fiscal impact associated with the General Manager’s recommendations. These recommendations reduce administrative time to process and approve invoices for payment. BOARD COMMITTEE REVIEW The District’s Action Plan and Budget Committee held a meeting on February 21, 2017. The Committee voted to forward this Proposed Enhancement to District’s Accounts Payable Claims Process to the full Board of Directors for approval. PUBLIC NOTICE Public notice provided pursuant to 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, revise the District’s Board Policy 1.03 – Board Agenda and authorize Accounts Payable staff permission to release claim payments over fifty thousand dollars ($50,000) without holding for Board Approval, but continue to provide the current claims report to the Board for information. R-17-34 Page 5 Attachments 1. Proposed revision to the District’s Board Policy 1.03 2. Action Plan and Budget Committee draft minutes for February 21, 2017 Responsible Department Head: Stefan Jaskulak, CFO/Director of Administrative Services Prepared by: Janine Ward, Procurement & Contract Specialist, Administrative Services Contact person: Stefan Jaskulak, CFO/Director of Administrative Services Midpeninsula Regional Open Space District Board Policy Manual Board Agenda Policy 1.03 Chapter 1 – Administration & Government Effective Date: Revised Date: 1103/1322/1317 Prior Versions: 11/13/13 Board Policy 1.03 Page 1 of 7 Agenda All reports, ordinances, resolutions and other matters intended to be considered by the Board at its regular meeting shall be delivered to the District Clerk no later than 5:00 p.m. on the preceding Wednesday for material requiring typing or other preparation, and not later than 5:00 p.m. on the preceding Thursday for material requiring reproduction only. Any Board member or Board appointed staff member may place a matter on the agenda for Board consideration. The District Clerk shall prepare the agenda according to the order of business as determined by the General Manager. A copy of the agenda and all available supporting materials shall be mailed by 5:00 p.m. on the Friday preceding each regular Board meeting or delivered by 7:00 p.m. on the Saturday preceding each regular Board meeting. Supplementary materials may be received by the District Clerk after that time, provided the matter refers to an already agendized item. Agendas will be available with no charge upon request to public officials, newspapers in the District, and members of the public at the District office by 9:00 a.m. on the Monday preceding the regular meeting. Agendas will be posted in a location that is freely accessible to members of the public at least 72 hours before a regular meeting or at least 24 hours before a special meeting. Supporting materials (reports, memoranda, resolutions, nonconfidential written communications to the Board, and other informational materials not previously published or distributed) may be obtained upon request by public agencies, newspapers in the District and members of the public at the District office by 9:00 a.m. on the Monday preceding the regular meeting, and 24 hours before a special meeting. Written materials distributed during a public meeting by any person in connection with a matter subject to discussion or consideration shall be made available for inspection at the meeting if prepared by District staff or by a member of the Board, or immediately after the meeting if prepared by some other person. Absent extraordinary circumstances, communications to the Board from members of the public shall be deemed nonconfidential. A memorandum from the General Manager explaining the justification for this decision “not to distribute materials to members of the public” shall accompany the written communications when sent to the Board. There will be no charge for the materials if available; otherwise the cost of reproduction will be charged. Attachment 1 Board Policy 1.03 Page 2 of 7 No action or discussion shall be undertaken on any item not appearing on the posted agenda by the Board, provided that matters deemed to be of an urgent nature by a two-thirds vote of the Board, (or, if less than two-thirds of the Board members are present a unanimous vote of those members present) with an explanation stated as to the urgency, may be acted upon. (See also Government Code § 54954.2.) Board Member Requests to Place Matters on the Agenda for Reconsideration If the Board has previously voted on a matter, a Board member may place a request for reconsideration of the prior Board action on the agenda if that member voted on the prevailing side. A motion to reconsider may be made at the same meeting such action was taken, the next Regular Board meeting, or any intervening Board meeting. If the motion to reconsider is made and approved at the same meeting the action was taken, the matter may be reconsidered at that meeting, at the next Regular Meeting, or any intervening Board meeting, at the discretion of the Board of Directors. After a motion to reconsider has been made and approved by a majority of the Board, unless the matter is reconsidered at the same meeting Board action was taken, the District Clerk shall place the prior Board action on the Board agenda for reconsideration at the next Regular Meeting, an intervening Board meeting, or at the earliest feasible Board meeting if it is infeasible to agendize the matter at the next Regular Meeting, unless otherwise directed by the Board. The reconsideration rules contained in this Section shall not limit the Board’s inherent legislative authority to rescind, amend, repeal, or otherwise nullify a prior Board action at a subsequent Board meeting. The reconsideration rules in this Section are not applicable to Board-appointed employees or their designees who may agendize matters for reconsideration, amendment, rescission, or repeal if deemed necessary to efficiently conduct District business or accomplish the District’s mission. (Report R-08-130) Order of Business The order of business shall be determined by the General Manager for the purpose of preparing meeting agendas, using the following format, unless in the General Manager’s opinion, a different order would be more appropriate: 1. Roll Call 2. Pledge of Allegiance (see Section 1.42) 3. Oral Communications 4. Special Orders of the Day 5. Adoption of Agenda 6. Adoption of Consent Calendar 7. Approval of Minutes (Consent Item) 8. Written Communications (Consent Item) 9. Claims (Consent Item) 9.10. Unfinished Business 10. Public Hearings/ 11. Board Business 12. Informational Reports—Directors and Staff 13. Revised Claims (Consent Item) 14.13. Closed Session Attachment 1 Board Policy 1.03 Page 3 of 7 15.14. Adjournment The order of business as set forth in the meeting agenda shall not be departed from except by consent of the majority of the Board. Roll Call Before proceeding with the business of the Board, the District Clerk or minute taker shall call the roll of the Board of Directors, and the names of those present shall be entered into the minutes. Pledge of Allegiance The Pledge of Allegiance shall be recited at the first meeting of July, and a special presentation shall be made at that time. Oral Communications—Public Members of the public may address the Board under the category Oral Communications during meetings on any matter not on the agenda concerning the affairs of the District. The presiding member of the Board may limit presentations of speakers under this section to three minutes. If the Oral Communications category exceeds fifteen minutes, the President, with the approval of the Board, may delay additional oral communications to a designated time later in the meeting. Members of the public may address the Board on any agenda item when that item is considered by the Board. Absent extraordinary circumstances, the Board will not discuss oral communication items unless the communication relates to an item appearing on the agenda for that meeting. The Board may briefly respond, as questions for clarification, provide information resource references, request staff to report back at a future meeting, or place the item on the agenda of a future meeting. A member of the public may request under oral communications that an item be removed from the consent calendar. At beginning of each meeting, the President shall make a statement outlining the procedures for public comment. A member of the public may address the Board on an item not on the agenda under Oral Communications. Each speaker will ordinarily be limited to 3 minutes. There shall be no action or discussion on items not appearing on the agenda. However, Board members may briefly respond to public questions, ask a question for clarification, refer the matter to staff, request staff to report back at a future meeting as an informational report or place the matter on a future agenda. Special Orders of the Day Attachment 1 Board Policy 1.03 Page 4 of 7 Any Board member or Board appointed staff member may schedule special presentations, introductions or other activities deemed appropriate to this category, which shall be placed on the agenda by the District Clerk. Adoption of Agenda The Board shall determine the order of business to be considered at regular meetings, including placement of items removed from the consent calendar, and shall adopt the agenda, with additions or deletions. Only items of an urgent nature may be added to the agenda at this time, provided that any action be taken pursuant to Section 1.30. Adoption of Consent Calendar The following items shall normally be included on the consent calendar: 1) approval of minutes; 2) written communications; 3) agenda items that the General Manager deems do not require Board discussion; and 4) revised claims. All items on the consent calendar shall be approved by one motion unless a request is made by a Board member to remove an item from the consent calendar for separate discussion. A member of the public may request under oral communications that the Board remove an item from the consent calendar for separate discussion. 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. Board members may ask brief questions for clarification or make brief statements on an item without removing it from the Consent Calendar. Board members may vote "no" on Consent Calendar items without pulling them from the Consent Calendar by asking that the minutes reflect a "no" vote on a specified agenda item. Approval of Minutes (Consent Item) Unless removed from the consent calendar by a member of the Board or the public, the minutes of the previous Board meeting(s) shall be approved without reading during the adoption of the consent calendar, provided that the District Clerk has previously furnished each member of the Board with a copy. Written Communications (Consent Item) The District Clerk is authorized to receive and open all mail addressed to the Board of Directors from members of the public. Any such written communication addressed to the Board shall be reproduced and distributed in the next regular mailing to the Board members and to members of the press who have requested supporting materials (see Section 1.30). All written communications, unless they relate to an item on the agenda, must be received no later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. If, in the opinion of the General Manager, a written communication should not be distributed with the agenda and supporting materials without a draft response, which has yet to be prepared, the written communication may be distributed later, but no later Attachment 1 Board Policy 1.03 Page 5 of 7 than at the forthcoming Board meeting. Written communications not directly related to an item on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting if, in the opinion of the General Manager, time is of the essence for consideration of the written communication by the Board. Written communications directly related to an item on the agenda will be accepted for distribution up to 3:00 p.m. on the day of the meeting. Written communications directly related to an item on the agenda but received after 3:00 p.m. on the day of a meeting must be accompanied by thirty copies for distribution in order to be considered by the Board as written communication at the meeting. Draft replies to written communications which have not been considered by the Board may be submitted with the written communication, provided such draft replies are labeled as follows: “Draft Response prepared by Staff.” Any member of the Board may request that such written communication be placed on the agenda as an emergency item in accordance with Section 1.30 for consideration by the Board. The Board shall consider the recommendation of the General Manager and determine whether a written communication shall be placed on the agenda in accordance with the procedures of Section 1.30, considered in connection with an item already on the agenda, and/or referred to a committee, a Director or staff for simple acknowledgement, response or draft response or shall determine that an adequate response has been made. A written communication addressed to an individual Director may, at the discretion of the individual Director, be considered a personal letter, a written communication or may be relayed to the members of the Board as an informational item. Members of the public may read written communications into the District’s record during oral communications at a regular meeting and offer explanations of any such document. The presiding member of the Board may limit presentations of the speakers, including the reading of a written communication, to three minutes. Written communications received at a regular Board meeting shall be reproduced and distributed to absent Board members and to members of the press who have requested supporting materials no later than the next regular mailing to the Board. Written communications which are distributed to the Board at a time other than a regular mailing shall be distributed to members of the press who have requested supporting materials within two working days of when they are sent to the Board. Written communications accompanied by an extraordinary quantity of attachments may, at the discretion of the General Manager, be duplicated and distributed with some or all the attachments excluded. The General Manager shall note on the written communication or in an accompanying memorandum that the entire written communication, including attachments is available at the District office for public review. The General Manager shall determine the most appropriate method for presenting the attachments to the Board of Directors. Copies of the excluded attachments will be made available on the same basis as any other public record. If a Board member represents the District before another agency or organization, the Board member shall represent the majority position of the Board. Attachment 1 Board Policy 1.03 Page 6 of 7 When contacting another agency or organization in a personal capacity, Board members should indicate that his/her comments are given as an individual and not as an official representative of the District Board of Directors. Revised Claims (Consent Calendar) Public Resources Code § 5547, 5544.22[JW1], 5540, and 5549 as amended. Claims against the District shall be paid for which an expenditure has prior approval by a majority of the Board and adopted in the District’s budget.No claims against the District shall be paid unless the same shall be first approved by a majority of the Board at a meeting thereof. Payment of employees’ salaries and fringe benefits and other recurring claims may be authorized by the Board on an annual basis. Unfinished Business When a regular meeting is adjourned before the completion of the agenda, all unfinished items shall be listed under Unfinished Business on the next regular Board meeting agenda, at the discretion of the General Manager or unless otherwise designated by a majority of the Board. Public Hearings Any matter which, in the opinion of the Board of Directors, President, or General Manager requires notice to and response by members of the public may be placed on the agenda under this category. During consideration of agenda items the following sequence is to be adhered to, unless specific exceptions are agreed to by the Board: 1. Presentation on agenda item; 2. Board and staff members may ask questions for clarification, followed by preliminary Board comments and discussion if any; 3. Public Comment period; 4. Board discussion and deliberations; additional comment from public only when requested by Board members and directed through the presiding officer; 5. Board action on agenda item. Persons addressing the Board should be requested to state their name and address for the record. Persons who are recognized should address the Board from the podium microphone prior to speaking, not speak from their seats. The person recognized by the President should address the Board, not staff members or other audience members. There should not be a dialogue between audience members and staff, or between audience members. Public comments and questions should be directed through the President. Attachment 1 Board Policy 1.03 Page 7 of 7 Only one person at a time should address the Board; other audience members should wait to be recognized before speaking. The President should discourage out-of-turn speaking by the public. At the close of public comment, the President should indicate that the matter is now returned to the Board for deliberation and decision. Board Business These are business items being presented to the Board for consideration that do not fall under the category of Unfinished Business (see Section 1.49). Action in the form of an ordinance, resolution, motion or direction to staff may be required for items in this category. Informational Reports—Directors and Staff Informational, short reports by Directors and staff members on items of interest to the District may be given under this category. No action is expected but could occur at a regular meeting with a vote as required by Section 1.30. Informational reports should be restricted to brief announcements or reports related to District business and shall generally be no more than three minutes per person. There shall be no action or discussion concerning Informational Reports. Board members may refer a matter to staff, request staff to report back to the Board at a future meeting as an informational report or place the matter on a future agenda. Informational reports of a personal nature that are unrelated to District business should not be shared during a public meeting. Fees Charged for Special Mailings Reasonable fees may be charged by the General Manager for reproducing and mailing materials on special projects. Attachment 1 1 ACTION PLAN AND BUDGET COMMITTEE Administrative Office 330 Distel Circle Los Altos, CA 94022 February 21, 2017 DRAFT MINUTES ROLL CALL Director Kishimoto called the meeting to order at 2:32 p.m. Members Present: Curt Riffle and Yoriko Kishimoto Members Absent: Jed Cyr Staff Present: General Manager Steve Abbors, Chief Financial Officer Stefan Jaskulak, General Counsel Sheryl Schaffner, District Clerk/Assistant to the General Manager Jennifer Woodworth; Procurement Specialist Janine Ward, Senior Accountant Andrew Taylor ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the agenda. VOTE: 2-0-0 (Director Cyr absent) ORAL COMMUNICATIONS No speakers present. COMMITTEE BUSINESS 1. Selection of Committee Chair for Calendar Year 2017 Motion: Director Riffle moved, and Director Kishimoto seconded the motion to nominate Director Cyr as the Action Plan and Budget Committee Chair for calendar year 2017. VOTE: 2-0-0 (Director Cyr absent) 2. Approve the April 19, 2016 Action Plan & Budget Committee Minutes. Attachment 2 Action Plan & Budget Committee February 21, 2017 2 Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve the Action Plan and Budget Committee minutes for April 19, 2016. VOTE: 2-0-0 (Director Cyr absent) 3. Review Proposed Enhancement to District’s Accounts Payable Claims Process (R- 17-25) Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff presentation summarizing the current process for authorizing expenditures and proposed changes to the process. Mr. Jaskulak described the various benefits to streamlining the invoice process, including using more efficient and secure electronic payments and decreasing administrative costs. Director Riffle requested additional information regarding the proposed repeal of Resolution 14- 12. General Counsel Sheryl Schaffner explained repealing Resolution 14-12 is needed to align the District’s current process with Board Policy 3.03 and Public Resources Code 5549, which allow the General Manager to enter into contracts up to $50,000. Director Riffle spoke in favor of streamlining the claims process and the additional enhancements proposed for the invoice process. Director Kishimoto stated the Board would be able to ask questions regarding a contract’s specifications and the recommended vendor when contracts over $50,000 are approved by the Board of Directors. Public comment opened at 3:07 p.m. No speakers present. Public comment closed at 3:07 p.m. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend to the full Board of Directors, for review and approval the following actions: 1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000) without holding for Board approval, but continue to provide the current claims report to the board for information. 2. Recommend Board approval of the revised Board Policy 1.03 – Board Agenda. VOTE: 2-0-0 (Director Cyr absent) 4. Revised Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances (R-17-26) Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff presentation describing the history of current Board Policy 3.06 Initial and Continuing Disclosures Relating to Bond Issuances and proposed policy revisions. Attachment 2 Action Plan & Budget Committee February 21, 2017 3 Ms. Schaffner stated the proposed revisions to policy enhance the District’s ability to comply with legal requirements and removed redundant steps. Director Kishimoto requested a summary of the substantive changes to the revised policy. Mr. Jaskulak explained several redundancies and templates were removed that required communication between the finance and disclosure group because they are largely the same staff members. Public comment opened at 3:19 p.m. No speakers present. Public comment closed at 3:19 p.m. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend Board approval of revisions to Board Policy 3.06 for disclosures relating to District bond issuances. VOTE: 2-0-0 (Director Cyr absent) ADJOURNMENT Director Kishimoto adjourned the meeting of the Action Plan and Budget Committee of the Midpeninsula Regional Open Space District at 3:24 p.m. __________________________________ Jennifer Woodworth, MMC District Clerk Attachment 2 R-17-30 Meeting 17-08 March 22, 2017 AGENDA ITEM 5 AGENDA ITEM Repeal of Resolution 14-12 GENERAL MANAGER’S RECOMMENDATION Adopt a resolution repealing Resolution 14-12, which authorized the General Manager or designee to approve claims up to $25,000, in order to enable the District to be consistent with Public Resources Code 5549. SUMMARY On March 12, 2014, the Board of Directors adopted Resolution 14-12 authorizing the General Manager or designee to approve the payment of claims up to $25,000. In 2015 Public Resources Code Section 5549 and Board policy 3.03 (Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy) were amended to increase the General Manager’s expenditure authority to $50,000. Repeal of Resolution 14-12 is needed to align current practice and General Manager authority to the previously approved Board policies. DISCUSSION The General Manager recommends repealing Resolution 14-12, which authorized the General Manager or designee to approve claims up to $25,000. Repealing Resolution 14-12, allows the District to align with the change to Public Resources Code Section 5549 that increased the General Manager’s or designee’s authority to bind the District for payments up to $50,000, effective January 1, 2016. Additionally, in order to carry out the Action Plan and Budget Committee’s recommended changes to the claims process and associated revisions to Board policy 1.03 (Board Agendas), repeal of Resolution 14-12 is necessary to implement the streamlined process also to be considered for Board approval at the March 22, 2017 Board meeting. FISCAL IMPACT There is no fiscal impact associated with this action. Along with the other proposed changes to the claims process, repealing Resolution 14-12 will help reduce administrative time to process and approve invoices for payment. R-17-30 Page 2 BOARD COMMITTEE REVIEW The Action Plan and Budget Committee discussed this item at its February 21, 2017 meeting and recommended repeal of Resolution 14-12 in order to reflect current practice, General Manager authority, and streamline the administration of District business. 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 the Board adopts a resolution repealing Resolution 14-12, the General Manager will be authorized to approve claims over $50,000 for which the Board has provided prior approval through an adopted budget and authorization to enter under contract or agreement. Attachments 1. Resolution of the Board of Directors of Midpeninsula Regional Open Space District Repealing Resolution No. 14-12 in its Entirety 2. Resolution 14-12 3. Action Plan and Budget Committee draft minutes for February 21, 2017 4. Assembly Bill 495 Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Administrative Services Director Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager Contact person: Stefan Jaskulak, Chief Financial Officer/Administrative Services Director Attachment 1 RESOLUTION NO. 17-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPEALING RESOLUTION NO. 14-12 IN ITS ENTIRETY WHEREAS, the Board of Directors adopted Resolution 14-12 on March 12, 2014 authorizing the General Manager to approve the payment of claims up to $25,000; and WHEREAS, Assembly Bill 495 amended California Public Resources Code Section 5549(b)(2) allowing the Board to raise the General Manager’s expenditure authority for the payment of supplies, materials, labor, or other expenses to $50,000; and WHEREAS, pursuant to Public Resources Code section 5549(b)(2) of December 16, 2015 the Board approved revisions to Board Policy 3.03 “Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy” to increase the General Manager’s expenditure authority to $50,000; and WHEREAS, the Board of Directors desires to authorize the General Manager or his/her designees to approve claims against the District without the prior specific approval of the Board, as provided in Public Resources Code 5549 and Board Policy 3.03. NOW, THEREFORE, BE IT RESOLVED, the Board of Directors of Midpeninsula Regional Open Space District hereby repeals Resolution 14-12 in its entirety. * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________________, 2017, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 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 · RESOLUTION 14-12 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MID PENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE THE PAYMENT OF CLAIMS UP TO $25,000 WHEREAS, California Public Resources Code section 5549(b) empowers the Board to authorize the General Manager to bind the District, in accordance with Board policy, to enter into contracts under specified dollar amounts for specified purposes, provided that all such authorized expenditures are reported to the Board of Directors at its next regular meeting; and WHEREAS, pursuant to Public Resources Code section 5549(b) the Board has expressly delegated authority to the General Manager to bind the District to contracts under the specified amounts for the specified purposes in the Board Policy entitled, "Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy," Rev. January 27,2010; and WHEREAS, the Board of Directors desires to authorize the General Manager or designees to approve claims against the District within the authorized expenditure authority, without the prior specific approval of the Board, as provided in said sections of the California Public Resources Code. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby authorizes the General Manager or designee to approve all claims against the District up to $25,000, and directs the General Manager or designees to include these claims on the Claims Report for ratification by the Board at its next regular meeting. ********************************************** PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on March 12, 2014, at a Regular Meeting thereof, by the following vote: AYES: NOES: CYR, HARRIS, HASSETT, RIFFLE, SIEMENS NONE ABSTAIN: NONE ABSENT: HANKO AND KISHIMOTO ATTEST: APPROVED: d ,� secretar� Board 0 Directors Reso lutionsJ20 141 14-12 _General Manager Authorization_Claims 1 C9-�':\ President \ Board of Directors Attachment 2 APPROVED AS TO FORM: 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_ Resolutionsl20 141 14-12_ General Manager Authorization_Claims 2 Attachment 2 1 ACTION PLAN AND BUDGET COMMITTEE Administrative Office 330 Distel Circle Los Altos, CA 94022 February 21, 2017 DRAFT MINUTES ROLL CALL Director Kishimoto called the meeting to order at 2:32 p.m. Members Present: Curt Riffle and Yoriko Kishimoto Members Absent: Jed Cyr Staff Present: General Manager Steve Abbors, Chief Financial Officer Stefan Jaskulak, General Counsel Sheryl Schaffner, District Clerk/Assistant to the General Manager Jennifer Woodworth; Procurement Specialist Janine Ward, Senior Accountant Andrew Taylor ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the agenda. VOTE: 2-0-0 (Director Cyr absent) ORAL COMMUNICATIONS No speakers present. COMMITTEE BUSINESS 1. Selection of Committee Chair for Calendar Year 2017 Motion: Director Riffle moved, and Director Kishimoto seconded the motion to nominate Director Cyr as the Action Plan and Budget Committee Chair for calendar year 2017. VOTE: 2-0-0 (Director Cyr absent) 2. Approve the April 19, 2016 Action Plan & Budget Committee Minutes. Attachment 3 Action Plan & Budget Committee February 21, 2017 2 Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve the Action Plan and Budget Committee minutes for April 19, 2016. VOTE: 2-0-0 (Director Cyr absent) 3. Review Proposed Enhancement to District’s Accounts Payable Claims Process (R- 17-25) Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff presentation summarizing the current process for authorizing expenditures and proposed changes to the process. Mr. Jaskulak described the various benefits to streamlining the invoice process, including using more efficient and secure electronic payments and decreasing administrative costs. Director Riffle requested additional information regarding the proposed repeal of Resolution 14- 12. General Counsel Sheryl Schaffner explained repealing Resolution 14-12 is needed to align the District’s current process with Board Policy 3.03 and Public Resources Code 5549, which allow the General Manager to enter into contracts up to $50,000. Director Riffle spoke in favor of streamlining the claims process and the additional enhancements proposed for the invoice process. Director Kishimoto stated the Board would be able to ask questions regarding a contract’s specifications and the recommended vendor when contracts over $50,000 are approved by the Board of Directors. Public comment opened at 3:07 p.m. No speakers present. Public comment closed at 3:07 p.m. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend to the full Board of Directors, for review and approval the following actions: 1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000) without holding for Board approval, but continue to provide the current claims report to the board for information. 2. Recommend Board approval of the revised Board Policy 1.03 – Board Agenda. VOTE: 2-0-0 (Director Cyr absent) 4. Revised Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances (R-17-26) Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff presentation describing the history of current Board Policy 3.06 Initial and Continuing Disclosures Relating to Bond Issuances and proposed policy revisions. Attachment 3 Action Plan & Budget Committee February 21, 2017 3 Ms. Schaffner stated the proposed revisions to policy enhance the District’s ability to comply with legal requirements and removed redundant steps. Director Kishimoto requested a summary of the substantive changes to the revised policy. Mr. Jaskulak explained several redundancies and templates were removed that required communication between the finance and disclosure group because they are largely the same staff members. Public comment opened at 3:19 p.m. No speakers present. Public comment closed at 3:19 p.m. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend Board approval of revisions to Board Policy 3.06 for disclosures relating to District bond issuances. VOTE: 2-0-0 (Director Cyr absent) ADJOURNMENT Director Kishimoto adjourned the meeting of the Action Plan and Budget Committee of the Midpeninsula Regional Open Space District at 3:24 p.m. __________________________________ Jennifer Woodworth, MMC District Clerk Attachment 3 Attachment 4 Attachment 4 R-17-35 Meeting 17-08 March 22, 2017 AGENDA ITEM 6 AGENDA ITEM Agreement with Sharp Business Systems to enter into a 48-Month Lease and Use Agreement for eight leased printers and two owned printers. GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a 48-month lease and use agreement with Sharp Business Systems for an amount not to exceed one hundred two thousand, four hundred thirty- two dollars ($102,432). SUMMARY The District’s current printer lease and use agreement with Sharp Business Services (Sharp) expires in July 2017. Through the cooperative purchasing capability of the National Cooperative Contract with the National Joint Powers Alliance (NJPA), the District leverages the collective purchasing volume of member agencies and benefits from negotiated price advantages. Local agencies using the NJPA National Cooperative Contract with Sharp include the City of Mountain View, City of Redwood City, Menlo Park City School District, Palo Alto Unified School District, and San Jose Unified School District. Under the new lease agreement with Sharp, the District will obtain new printers with increased functionality and expanded technology for greater efficiency. Staff recommends using the National Cooperative Contract to enter into a new four-year lease and use agreement between the District and Sharp for eight leased printers and two owned printer for an amount not to exceed one hundred two thousand, four hundred thirty-two dollars ($102,432). MEASURE AA This is not a Measure AA project. DISCUSSION The District lease with Sharp expires in July 2017. Six of the current printers are over four years old and have outdated technology. With a new lease, the District has the opportunity to upgrade its multi-function printers on a national cooperative contract and keep costs down. Cooperative purchasing allows the district to use an existing, competitively awarded, contract with joint agencies to lease the equipment directly from Sharp. This provides cost savings to the District and reduces staff time required to conduct an extensive bid process. In this case, NJPA R-17-35 Page 2 issued a Request for Proposal for printer purchase, lease, and use services to thirty-six vendors and received proposals from nine vendors. NJPA evaluated the bids and determined that Sharp provides technically innovated printers with a pricing program that brings high value and lowest cost. Equipment List: Sharp Device on Current Lease Office - Department Number of Items Suggested Device on New Lease Sharp MX7040 Copy room - AO 1 Sharp MX6070 Sharp MX3140 Copy room - AO 1 Sharp MX3570 Sharp MX3140 Skyline Field Office 1 Sharp MX3570 Sharp MX3140 Foothill Field Office 1 Sharp MX3570 Sharp MX3140 AO2 1 Sharp MX3570 Sharp MX402 – owned printer AO3 1 Sharp MX3570 (upgrade to new lease) Sharp MX3070 AO4 1 no change Kyocera FS4200 AO 1 no change Sharp MX301W - owned printer Mt. Umunhum Field Office 1 no change (not on lease) Sharp MX402 – owned printer Coastal Field Office 1 Owned printer moved from AO3 adding in July 2017 (not on lease) Current Equipment Functions vs New Equipment Functions: Sharp Device on Current Equipment Functions Suggested Device on New Equipment Functions Sharp MX7040 (2012) 80 GB Memory 600 x 600 dpi (image clarity) 70 Page Per Minute 120 page scanning speed 2 x 500 sheet drawer 2000 tandem paper drawer Sharp MX6070 (2016) 500 GB Memory 1200 x 1200 dpi (image clarity) 60 Page Per Minute 200 page scanning speed 2 x 550 sheet drawer 2100 tandem paper drawer Supports Mobility & Pull Printing (Drivve Print) Supports Usage Tracking/Reporting Sharp OSA Technology (Cloud Ready) Supports Data, Fax, SharePoint Connector (Drivve Image) Stapleless Stapling R-17-35 Page 3 Sharp Device on Current Equipment Functions Suggested Device on New Equipment Functions Sharp MX3140 (2012) 320 GB Memory 600 x 400 dpi (image clarity) 31 Page Per Minute 100 page scanning speed 3 - 500 sheet drawers Sharp MX3570 (2016) 500 GB Memory 1200 x 1200 dpi (image clarity) 35 Page Per Minute 150 Page scanning speed 3 - 550 sheet drawers Supports Mobility & Pull Printing (Drivve Print) Supports Usage Tracking/Reporting Sharp OSA Technology (Cloud Ready) Supports Data, Fax, SharePoint Connector (Drivve Image) Stapleless Stapling New Technology Drivve Image – Document capture and routing solution allows users to capture paper documents and their metadata and transfer to email, fax, and output to many business applications and systems. Drivve Print – Allows user to print from virtually any mobile device to any of the District’s print device, release print job as needed, and the ability to provide usage tracking and reporting. FISCAL IMPACT The District’s FY2016-17 Budget includes $27,600 in the Administrative Services general fund operating budget for lease of office equipment, which includes the planned build out of the coastal area office. There are sufficient funds in the operating budget to cover the anticipated costs for the remainder of the FY2016-17 budget under the new contract terms, due to the deferral of the coastal area office until FY2017-18. FY2016-17 Budget $27,600 Spent YTD (as of 2/28/2017) $15,008 Estimated Expenditure (March-June) $8,277 Budget Total (Proposed): $4,315 The Administrative Services general fund operating budget for the lease of office equipment will decrease by $1,992 annually, resulting in a total aggregated cost savings of $7,968 over the 48- month lease. Fiscal Year Exercised Budgeted Printer Lease Proposed Printer Lease Year 1: 17/18 $25,608 $25,608 Year 2: 18/19 $25,608 $25,608 Year 3: 19/20 $25,608 $25,608 Year 4: 20/21 $25,608 $25,608 Total Cost $102,432 $102,432 R-17-35 Page 4 The new lease agreement will include eight lease printers for a monthly fee of $2,134.00. The District is increasing from seven printers to eight printers to accommodate office and staff growth. This new lease agreement will allow the District to upgrade to newer multi-function printers that permits users to benefit from new technology, speed, quality, and efficiency. Comparison to Xerox Lease through Cal eProcure In comparison to the NJPA National Cooperative Lease Contract with Sharp, a similar lease plan for eight Xerox multi-function printers through Cal eProcure will cost the District $30,456 annually compared to the Sharp lease of $25,608 annually. The Xerox Cal eProcure lease is an extra $4,848 annually for an increase cost of $19,392 over a four-year period. In addition to the monthly lease fee, Xerox also charges 1) $140 per hour for End User Training and 2) $165 per hour for IT Training which Sharp provides without charge as part of the initial set-up. Xerox Lease Fiscal Year Exercised Xerox Proposal Year 1: 17/18 $30,456 Year 2: 18/19 $30,456 Year 3: 19/20 $30,456 Year 4: 20/21 $30,456 Total Cost $121,824 BOARD COMMITTEE REVIEW This report was not previously reviewed by a Committee. PUBLIC NOTICE Public notice of this agenda item was provided as required by the Brown Act. CEQA COMPLIANCE This action does not constitute a project under CEQA NEXT STEPS Upon Board approval, the General Manager will direct staff to enter into this four-year lease and use agreement with Sharp Business Systems, after which, Sharp will remove the current leased printers and replace with new models. Responsible Department Head: Stefan Jaskulak, Chief Financial Officer Prepared by: Janine Ward, Procurement and Contract Specialist Contact person: Stefan Jaskulak, Chief Financial Officer R-17-37 Meeting 17-08 March 22, 2017 AGENDA ITEM 7 AGENDA ITEM Award of Contract with Mesiti-Miller Engineering, Inc., for the preparation of construction documents, construction bid process support and construction oversight for the Webb Creek Bridge Replacement Project at Bear Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a multi-year professional services contract with Mesiti-Miller Engineering, Inc., to prepare construction documents, support the construction bid process, and provide technical construction oversight for the Webb Creek Bridge Replacement Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of $115,560. 2. Authorize a 15% contingency of $17,334 to cover potential unforeseen requirements, for a not-to-exceed total contract amount of $132,894. SUMMARY The District is in need of a qualified consultant with experience in rural bridge design to complete construction documents, assist the District during the contractor bid process, and provide construction oversight for the replacement of the Webb Creek Bridge (Bridge Project) at Bear Creek Redwoods Open Space Preserve (Preserve). The Bridge Project supports the public opening of the west side of the Preserve in late 2018. Based on the results of a Request for Qualifications and Proposals (RFQP) and subsequent interviews with three consultant teams, the General Manager recommends awarding a contract to Mesiti-Miller Engineering, Inc. for a total amount not-to-exceed $132,894. Sufficient funds are included in the Fiscal Year 2016-17 (FY2017-17) Budget to carry work through June 30. Funds for subsequent budget cycles will be included as part of the three-year Capital Improvement Program, which the Board will review and consider in May 2017. MEASURE AA A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting and includes Project #21-05 Bear Creek Redwoods Public Access Phase I Implementation. This proposed contract serves the goals of Portfolio #21 by providing the necessary design, engineering, permitting, and construction administrative services to replace a bridge that is necessary to safely open the western trails to public access, as well as maintain safe access for patrol, maintenance, and emergency vehicles. DISCUSSION The Webb Creek Bridge is within the Phase 1 area of the Preserve, located on the west side of Bear Creek Road (Attachment 1). In July 2016, Waterways Consulting, Inc., updated a road and R-17-37 Page 2 trail erosion inventory for the western side of Bear Creek Redwoods Open Space Preserve (Inventory), identifying deficiencies and recommending fixes for the existing road and trail network. One of the deficiencies identified was the Webb Creek Bridge. A bridge replacement is recommended and a preliminary design (Attachment 2) has been prepared to inform the final design and development of construction documents. To proceed with the next phase of design, an RFQP was prepared in January 2017. The table below notes the results of the RFQP process: RFQP Process: Date 1/26/17 Request for qualifications and proposals emailed to consultants list and posted on District website. 2/7/17 Pre-proposal onsite job walk attended by 12 consultants 2/24/17 Proposals received from 7 consultant teams 3/6/17 Interviews held for the 3 finalists 3/22/17 Recommended Board award of contract to Mesiti-Miller Engineering. The recommended contract with Mesiti-Miller Engineering includes a phased design process that allows for periodic District review as the design proceeds into formal construction documents. The contract also includes regulatory and building permit assistance, which will occur in tandem with the design process, as well as construction monitoring and oversight to ensure that the contractor complies with the construction plans and design specifications. FISCAL IMPACT The District’s FY2016-17 Budget and Action Plan includes $596,200 for the Bear Creek Redwoods Public Access Roads and Trails projects (MAA 21-005). There are sufficient funds in the project budget to cover the recommended action and expenditures in FY2016-17. Funds for subsequent budgets for professional monitoring services will be included as part of the proposed three-year Capital Improvement Program to be considered by the Board in May 2017. FY2016-17 FY2017-18 MAA 21-005 Budget: $596,200 Spent to Date (as of 3/8/2017): $79,838 Encumbrances: $151,719 Mesiti-Miller Engineering Contract: $117,894 $15,000 Budget Remaining (Proposed): $246,749 The following table outlines the Measure AA Portfolio budget, costs to date, and the fiscal impact related to the MAA 21-005 Bear Creek Redwoods Public Access Roads and Trails projects. This table includes the impact of all three Board actions for award of contract scheduled for the March 22, 2017 meeting. MAA 21 Portfolio Allocation: $17,478,000 Life-to-Date Spent (as of 3/14/17): $593,183 Total Encumbrances: $188,601 Award of Contract to John Northmore Roberts and Associates (MAA 21-004): $922,190 Award of Contract to Mesiti-Miller (MAA21-005): $132,894 Award of Contract to HydroScience Engineers (MAA21-003): $159,126 R-17-37 Page 3 Total BCR Projects Budget Balances*: $1,116,295 Balance Remaining (Proposed): $14,365,711 *FY2017 BCR Projects Budgets less the proposed contracts, current encumbrances, and year-to- to-date expenditures, reflecting current fiscal commitments to other BCR projects this fiscal year. BOARD COMMITTEE REVIEW The Bear Creek Redwoods Preserve Plan (Preserve Plan), which identifies the Webb Creek Bridge Replacement as one of the implementation items, involved extensive Committee and Board review. The Board approved the Preserve Plan at the January 25, 2017 meeting (Report R-17-15). PUBLIC NOTICE Public notice of this Agenda Item was provided as required by the Brown Act. CEQA COMPLIANCE The Board certified the Draft and Final EIR for the Preserve Plan at the January 25, 2017 meeting (Report R-17-15). The Preserve Plan identifies the Webb Creek Bridge Replacement as one of the implementation items. NEXT STEPS Upon Board authorization, the General Manager will direct staff to enter into contract with Mesiti-Miller Engineering, Inc. to complete construction documents, provide bid assistance, and provide construction observation and oversight for the Webb Creek Bridge Replacement Project. This bridge replacement project is anticipated to be constructed in the summer/early fall of 2018. Award of construction contract will come back to the Board for review and approval at a future date. Attachments 1. Map of Construction Area from the 2016 Updated Road and Trail Erosion Inventory: West Side (Webb Creek) Bear Creek Redwoods Open Space Preserve 2. Preliminary bridge design (plan view) prepared as part of the 2016 Updated Road and Trail Erosion Inventory: West Side (Webb Creek) Bear Creek Redwoods Open Space Preserve Responsible Department Head: Jason Lin, Engineering and Construction Department Manager Prepared by: Matt Brunnings, Capital Project Manager, Engineering and Construction Department + + ú ú ú ú ú ú ú Webb Creek B E A R C R E E K R E D W O O D S O P E N S P A C E P R E S E R V E Presentation Center 12A B ear CreekRoad 7B 4 D 1 C 1 2 C4E 2A 7A 4B 1 1A 1 0 A 4 C 5 A 9B 9C 9 A Aldercroft Creek B riggs C reek D y e r C r e e k C o l l i n s C r e e k W e b b C r e e k ú BC09 BC07 BC08 BC10 BC11 BC15 BC14 BC17 M u d L a k e U p p e r L a k e L o w e r L a k e 1600 1400 1200 800 Midpeninsu la Regional Open Space District Att ac hment 1: We b b C r e e k B r i d g e L o c a t i o n March 2017 Path: G:\Projects\Bear_Creek_Redwoods\Webb Creek\Webb Creek Bridge\WebbCreekBridgeReplacement.mxd Created By: trobinson 0 0.250.125 MilesI (MROSD) MROSD Preser ves Private Proper ty While the District strives to use the best available digital data, these data do not represent a legal survey and are mere ly a graphic illu stration of ge ographic fe ature s. Webb Creek Bridge: High Priority Repair San Jose Ã9 Ã880 Ã101 Ã17 Ã1 Ã35 Cupertino Santa Cruz Area of Detail Trail Unmaintained Road Width Minor Unpave d Road Highw ay or Major Road ú Webb Creek Bridge Bear Creek R o a d S u m m i t R d !P Gate (#) 196/280 AT T A C H M E N T 2 197/280 AT T A C H M E N T 2 R-17-42 Meeting 17-08 March 22, 2017 AGENDA ITEM 8 AGENDA ITEM Award of Contract with John Northmore Roberts and Associates to provide design, engineering, and construction administration support for the Bear Creek Stables Improvements Project at Bear Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a multi-year professional services contract with John Northmore Roberts and Associates to provide design and engineering services, complete construction plans, and provide permitting and construction administration support for the Bear Creek Stables Improvements Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of $770,173. 2. Authorize a 10% contingency of $77,017 to cover potential unforeseen requirements. 3. Authorize a separate contract allowance of $75,000 specifically for additional services related to geotechnical, fault rupture, and site investigations and additional public meetings that are above and beyond the current scope of work to avoid potential implementation delays, for a combined not-to-exceed total contract amount of $922,190. SUMMARY The Midpeninsula Regional Open Space District (District) is in need of a qualified consultant with experience in public access and equestrian site design to provide design and engineering services, prepare construction plans and documents, and provide permitting and construction administration support for the Bear Creek Stables Improvements Project (Stables Project) at Bear Creek Redwoods Open Space Preserve (BCROSP). Based on the results of a Request for Qualifications and Proposals (RFQP), the General Manager recommends awarding a contract to John Northmore Roberts and Associates for a total amount not-to-exceed amount of $922,190. This includes a 10% contingency of $77,017, and a separate contract allowance of $75,000 to be reserved specifically for additional services related to geotechnical, fault rupture, and site investigations and additional public meetings that are beyond the current scope of work to avoid project delays. Sufficient funds for the current fiscal year are included in the Fiscal Year 2016- 17 Budget. Funds for subsequent budget cycles will be included as part of the three-year Capital Improvement Program, which the Board will review and consider in May 2017. MEASURE AA This project is part of Measure AA Expenditure Plan (MAA) Portfolio #21, Bear Creek Redwoods: Public Recreation and Interpretive Projects, with a total funding allocation of R-17-42 Page 2 $17.478 Million to, in part, open the Preserve for hiking and equestrian activities; provide parking areas and trails; and upgrade stables. DISCUSSION Implementation of the Stables Project will fulfill the goals of the Board-approved Bear Creek Stables Site Plan, which are to: • Emphasize the protection of the site’s natural resources; • Maximize public benefits by broadening public access and use of the facility, and; • Develop a viable plan that is financially feasible for both a tenant and the District. The Stables Project will be implemented in phases. High priority improvements focus on health, safety and environmental concerns, and include: • Removal of dilapidated structures • Stabilization of old stables building • Hillside restoration • New livery stables, public area arena, and public restroom • Safety and drainage improvements to roads, parking, hay barn, manure dump, paddocks, shelters, and boarder arena Additional, future, lower priority improvements would be implemented as funding and staff capacity are made available. These include: • Replacement of the caretaker house/office and hay barn • Additional road upgrades, including asphalt roads and parking areas • New maintenance/storage building and vehicle/horse trailer parking lot • Restoration of old stables building • Additional improvements to reconfigure boarder area; additional upgrades to the paddocks, shelters, arena and round pen; and construction of an additional restroom The professional services contract reflects the phased implementation shown above. Both high and low priority improvements will be planned for through the schematic design phases, while only high priority improvement designs will be fully developed into construction documents for bidding. This is consistent with the intention of the Bear Creek Stables Site Plan, which is to create a long-term vision for the site, while only implementing the priority improvements. A RFQP was released on January 27, 2017, sent to 13 landscape architecture and architecture firms, and posted on the District website. The following four proposals were received: FIRM LOCATION FEE PROPOSAL BFS Monterey, CA $1,138,908 TANNERHECHT San Francisco, CA $815,580 JOHN NORTHMORE ROBERTS Berkeley, CA $770,172 CALLANDER Burlingame, CA $725,339 R-17-42 Page 3 Based on a thorough evaluation of proposals, John Northmore Roberts and Associates (JNRA) was selected from a competitive group of teams with experience designing park, trails and equestrian improvements. JNRA was selected for their ecologically-based design approach and experience balancing public access improvements while maintaining the rustic character at environmentally sensitive sites. In addition to selecting a consultant for the Stables Project through the RFQP process, staff deemed all consultants as qualified for similar types of architectural design work and added these consultants to a pre-qualification list from which to select for future use for a period of up to four years, consistent with Board policy 3.03. Design and permitting of the Stables site improvements will be coordinated with the design of a new water line connection to the San Jose Water Company main on Bear Creek Road, which is the subject of a separate Agenda Item at this same meeting. FISCAL IMPACT The FY2016-17 Planning Department budget includes $139,500 for the Stables Project (MAA 21-004). There are sufficient funds in the current fiscal year project budget to cover the recommended action and expenditures through June 30, 2017. Funds for subsequent budgets for remaining task, construction and monitoring services associated with the multi-year contract will be included as part of the proposed three-year Capital Improvement Program to be considered by the Board in May 2017. FY2016-17 FY2017-18 FY2018-19 FY2019-20 MAA 21-004 Planning Budget $139,000 Spent-to-Date (as of 3/14/17): $0 Encumbrances: $0 Award of Contract for Design Services for Bear Creek Stables Improvements: $139,000 $400,000 $300,000 $83,190 Budget Remaining (Proposed): $0 The following table outlines the Measure AA Portfolio 23 budget, costs-to-date, and the fiscal impact related to the Stables Project (MAA 21-004). This proposed contract serves the portfolio goal to “upgrade the stables”. This table includes the fiscal of all three Board actions for award of contract scheduled for the March 22, 2017 meeting. MAA 21 Portfolio Allocation: $17,478,000 Life-to-Date Spent (as of 3/14/17): $593,183 Total Encumbrances: $188,601 Award of Contract to John Northmore Roberts and Associates (MAA 21-004): $922,190 Award of Contract to Mesiti-Miller (MAA21-005): $132,894 Award of Contract to HydroScience Engineers (MAA21-003): $159,126 Total BCR Projects Budget Balances*: $1,116,295 Balance Remaining (Proposed): $14,365,711 *FY2017 BCR Projects Budgets less the proposed contracts, current encumbrances, and year-to- to-date expenditures, reflecting current fiscal commitments to other BCR projects this fiscal year. R-17-42 Page 4 BOARD COMMITTEE REVIEW The Bear Creek Redwoods Preserve Plan involved extensive Committee and Board review. The Bear Creek Stables Site Plan, which is embedded in the Bear Creek Redwoods Preserve Plan, was approved by the Board at the January 25, 2017 meeting (R-17-15). PUBLIC NOTICE Public notice of this agenda item was provided as required by the Brown Act. CEQA COMPLIANCE The Bear Creek Stables Site Design improvements are identified and included in the Draft and Final EIR completed for the Preserve Plan, which was certified by the Board at the January 25, 2017 meeting (R-17-15). NEXT STEPS Upon Board authorization, the General Manager will direct staff to enter into contract with John Northmore Roberts and Associates to provide design and engineering services, prepare construction plans and documents, and provide permitting and construction administration support for the Stables Project. Board and Committee review will occur throughout the design process prior to final Board approval of the construction plans. Construction is anticipated to occur in 2019 and 2020. Attachment 1. Bear Creek Stables Site Design, Bear Creek Redwoods Preserve Plan, January 2017 Responsible Department Head: Jane Mark, AICP, Planning Department Manager Prepared by: Gretchen Laustsen, Planner III, Planning Department FIGURE 3-8A Bear Creek Stables Preferred Alternative (A2) Public Restrooms Visitor Parking (25 to 40 spaces) Visitor Facility (Welcome/Learning Center): shelter under existing tree Farm Animals Barn (in older stables structure) Horse/Pedestrian Trailhead Directional/Informational Signage Road Upgrades Livery: (10) Stalls + Runs 80x160-ft Outdoor Arena 2.1 2.2 2. Public Access Offi ce (new building) Groundskeeper House(new building) 3. Administration 3.11.1 1.2 1.3 1.4 1.5 1.11.6 1.7 1.8 Main Riding Arena Round Pen (22) Boarding Shelters + Paddocks (15x30ft) (40) Boarding Shelters + Paddocks (15x40ft) Hay Barn Manure Dump Maintenance & Storage Restrooms at Arena Trailer Parking (2 to 4 full trailer parking + 10 to 12 trailer storage spaces) 1. Horse Stables 2.3 2.4 2.5 2.6 2.7 3.2 2.8 2.9 A2 FIGURE 3-8A Bear Creek Stables Alternative A2 Public Restrooms Visitor Parking (25 to 40 spaces) Visitor Facility (Welcome/Learning Center): shelter under existing tree Farm Animals Barn (in older stables structure) Horse/Pedestrian Trailhead Directional/Informational Signage Road Upgrades Livery: 10 Stalls + Runs 80’x160’ Outdoor Arena 2.1 2.2 2. Public Access (new building) Groundskeeper House(new building) 3. Administration 3.1 1.1 1.2 1.3 1.4 1.5 1.6 1.11.7 1.8 Main Riding Arena Round Pen (22) Boarding Shelters +Paddocks (15x30ft) (40) Boarding Shelters + Paddocks (15x40ft) Hay Barn Manure Dump Maintenance & Storage Restrooms at Arena Trailer Parking (2 to 4 full trailer parking + 10 to 12 trailer storage spaces) 1. Horse Stables 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.2 1.1 2.9 1.3 1.3 1.5 1.6 1.7 1.8 1.4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3.1 3.2 1.3 1.5 2.2 2.6 2.8 potential bypass trail for boarders to connect to preserve trail system trail connection to preserve trail system 200 ftN B r i g g s C r e e k Bear Cree k Road BC02 systemsystemsystemsystemsystemsystemsystemsystem 03-44 BEAR CREEK REDWOODS OPEN SPACE PRESERVE preserve plan FINAL JANUARY 2017 200 ftN LEGEND Attachment 1 R-17-41 Meeting 17-08 March 22, 2017 AGENDA ITEM 9 AGENDA ITEM Award Contract with Biosearch Associates for Bear Creek Redwoods Western Pond Turtle Population Assessment, Monitoring and Adaptive Management Plan GENERAL MANAGER’S RECOMMENDATIONS Authorize the General Manager to enter into a contract with Biosearch Associates to assess the population of western pond turtles, control invasive fauna, and provide monitoring to guide long- term management actions recommended for implementation at Bear Creek Redwoods Open Space Preserve in the amount not to exceed of $104,000 over thirty-six consecutive months. SUMMARY A pond assessment detailing hydrological and structural assessment of the onsite pond features at Bear Creek Redwoods Open Space Preserve was completed in February of 2017. The pond assessment also included an Aquatic Species Management Plan that recommends several measures to protect and enhance Western Pond Turtle (WPT) habitat, discusses the merits of controlling invasive aquatic wildlife species (primarily red-eared slider) found within the ponds, obtain a baseline population estimate and determine habitat use and nesting locations for WPT on the site. A WPT mitigation plan (under separate contract) is currently in development specific to the new parking lot and trails proposed adjacent to Upper Lake. A Request for Proposals and Qualifications was issued on February 8, 2017. A pre-proposal site tour took place on February 16, 2017 and Proposals were submitted on February 24, 2017. The proposals were reviewed and ranked by a panel consisting of two Midpen Natural Resources staff members, The General Manager recommends awarding the contract to Biosearch Associates (Biosearch) for a not to exceed amount of $104,000 to be expended over a thirty-six consecutive month survey period for the WPT Population Assessment. Biosearch will provide monitoring results to guide long-term management recommendations for the WPT population at the Bear Creek Redwoods Open Space Preserve. MEASURE AA This is not a Measure AA project. DISCUSSION A Preserve Plan and associated Environmental Impact Report (EIR) for Bear Creek Redwoods Open Space Preserve was completed in January of 2017 detailing the future of the Preserve (R- R-17-41 Page 2 17-15). Site improvements detailed in the Preserve Plan are scheduled for implementation beginning in 2017 in order to prepare the site for public access as early as 2018. A Pond Assessment detailing hydrological and structural assessment of the onsite pond features was completed in February of 2017. The Pond Assessment also included an Aquatic Species Management Plan that recommends several measures to protect and enhance WPT habitat, and discusses the merits of controlling invasive aquatic wildlife species (primarily red-eared slider) found within the ponds. A WPT mitigation plan (under separate contract) is currently in development specific to the new parking lot and trails proposed adjacent to Upper Lake, adjacent to the former Alma College area. Services authorized under this contract will complete a western pond turtle population assessment, provide monitoring, and develop potential adaptive management scenarios and responses to mitigate impacts of Preserve use and development. Annual monitoring will be conducted at Upper and Lower Lake for a thirty-six consecutive months to acquire baseline data, determine if additional upland habitat use studies are needed, and to propose and begin implementation of a cost-effective long-term monitoring protocol that includes control of an invasive, non-native species of turtle (red-eared slider) that competes with the native western pond turtle. Consultant Selection A Request for Proposals and Qualifications was issued on February 8, 2017 and was sent to 14 firms in the discipline of biological services as well as posted on the District’s website. A pre- proposal site tour was held at the project site on February 16, 2017 and was attended by seven (7) persons from six (6) firms. Two (2) well qualified teams submitted proposals by the February 24, 2017 deadline. The proposals were reviewed and ranked by an internal panel who recommend awarding the contract to Biosearch Associates, as the most qualified and best suited for the project based on their response to the RFPQ, proposed approach, examples of past success with similar projects, and responses to follow up questions during a telephone interview. FISCAL IMPACT The contract with Biosearch Associates is a multi-year contract anticipated to not exceed $104,000 over a period of thirty-six consecutive months. The contract will extend into Fiscal Year FY2019-20 upon satisfactory execution of services during each preceding year. The proposed FY2016-17 through FY2019-20 budgets outline the funding for scope of services associated with this multi-year contract. Fiscal Year Exercised Budgeted Population Assessment for WPT Proposed Expenditures for Population Assessment for WPT Year 1: 16/17 $20,000 $20,000 Year 2: 17/18 $42,000 $42,000 Year 3: 18/19 $22,000 $22,000 Year 4: 19/20 $20,000 $20,000 Total Cost $104,000 $104,000 R-17-41 Page 3 BOARD COMMITTEE REVIEW Preserve Plan Actions incorporate extensive direction from the District’s Board of Directors and Planning and Natural Resources Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Additional notice was provided to neighbors, Bear Creek Redwoods tenants, and other interested parties on March 17, 2017. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. This project consists of biological research conducted on District lands. The research study will be conducted by qualified biological professionals under a study design approved by the California Department of Fish and Wildlife. Initiating the research does not constitute a project under the California Environmental Quality Act (CEQA), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. Any proposed future actions will be subject to environmental review to be completed at a later date, prior to any physical implementation. NEXT STEPS If approved for award of contract, Biosearch will begin the assessment of the Western pond turtle population. The first year of fieldwork and monitoring will take place from April to October of 2017. The first year’s monitoring report will be submitted in December of 2017. Fieldwork and annual reporting will be repeated on an annual basis for subsequent years. Attachment 1. Map of Project Area. Responsible Department Head: Kirk Lenington, Natural Resources Prepared by: Matthew Chaney, Resource Management Specialist I, Natural Resources Graphics: Nathan Greig, GIS Technician, Planning (GIS) !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P !P!P !P !P !P !P UpperLake MudLake LowerLake L e x i n g t o n R e s e r voir W e b b C r e e k Collins C r e e k AldercroftCreek A l d e r c r oft Creek BriggsCreek Briggs Creek Dyer Cre ek Zay a n t e C r e e k ALMA COLLEGEPARKING AREA Bear CreekStables AlmaCollege PresentationCenter Moody Gulch O l d Santa C r u z H i g h w a y Summ it Road Be a r C r e e k R o ad ÄÆ17 ÄÆ35 ! BC06 BC01BC02 BC 0 4 BC 0 5 BC03 STUDY AREA 22 0 0 2000 1 8 0 0 16 0 0 140 01200 2 2 0 0 2 0 0 0 10 0 0 80 0 16 0 0 120 0 1400 1200 1000 800 18 0 0 1600 2 2 0 0 2 0 0 0 1200 1000 800 1400 12 0 0 1000 800 200 0 1800 2 0 0 0 1 8 0 0 1800 1600 120 0 800 800 1 0 0 0 800 80 0 18 0 0 800 800 2200 22 0 0 2000 2200 2000 18 0 0 22 0 0 24 0 0 2 4 0 0 2 4 0 0 240 0 20 0 0 160 0 160 0 1 4 0 0 1400 14 0 0 1400 2200 Midpeninsula Regional Open Space District (MROSD) March 2017 Western Pond Turtle Population Study Area Pa t h : G : \ P r o j e c t s \ B e a r _ C r e e k _ R e d w o o d s \ W e s t e r n P o n d T u r t l e \ M i t i g a t i o n P l a n \ B C R _ W P T M P _ F i g 2 _ B o a r d R e p o r t _ 2 0 1 7 0 3 0 2 . m x d Cr e a t e d B y : n g r e i g 0 0.50.25 MilesI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. San Jose Ã9 Ã880 Ã101 Ã17 Ã1 Ã35 Cupertino Santa Cruz Area of Detail Patrol Use Only Private Multi-Use ROADS TRAILS* Construct New Trail Improve Existing Road for Increased UsePublic FEATURES Gate Waterbody Stream !P *As proposed within the Bear Creek Redwoods Preserve Plan, 2017 Attachment 1 R-17-36 Meeting 17-08 March 22, 2017 AGENDA ITEM 10 AGENDA ITEM Award of Contract with HydroScience Engineers, for the preparation of construction documents, construction bid process support, and construction oversight for the Fire and Potable Water System Project at Bear Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a multi-year professional services contract with HydroScience Engineers, to prepare construction documents, support the construction bid process, and provide technical construction oversight for the Fire and Potable Water System Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of $138,370. 2. Authorize a 15% contingency of $20,756 to cover potential unforeseen requirements, for a not-to-exceed total contract amount of $159,126. SUMMARY The District is in need of a qualified consultant with experience in fire and potable water system design for a new water system at Bear Creek Redwoods Open Space Preserve (Preserve) to support improvements at Bear Creek Stables. Consultant support is needed to coordinate with San Jose Water Company, secure permits and a water service connection, complete construction documents, assist the District during the contractor bid process, and provide construction oversight during implementation. Based on the results of a Request for Qualifications and Proposals (RFQP) and subsequent interviews with four (4) consultant teams, the General Manager recommends awarding a contract to HydroScience Engineers for a total amount not-to- exceed $159,126, which includes a 15% contingency in the amount of $20,756. Sufficient funds are included in the Fiscal Year 2016-17 Budget to carry work through June 30. Funds for subsequent budget cycles will be included as part of the three-year Capital Improvement Program, which the Board will review and consider in May 2017. MEASURE AA A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting and includes Project #21-003 (Bear Creek Redwoods Water Infrastructure Improvements). This proposed contract serves the goals of MAA #21-003 by completing necessary documents for permits, bidding, and construction of a new fire and potable water system by a contractor. It also includes technical oversight during construction. R-17-36 Page 2 DISCUSSION The goal of the Water System Project (Project) is to provide a new reliable water system that will serve future improvements at Bear Creek Stables. The District received a Will Serve letter from San Jose Water Company (SJWC) on May 6, 2016, granting permission for the District to connect to an existing 6-inch water service line on Bear Creek Road. To proceed with the next phase of design, an RFQP was prepared in January 2017. The table below notes the results of the RFQP process: RFQP Process: Date 1/20/17 Request for qualifications and proposals emailed to consultants list and posted on District website. 2/3/17 Pre-proposal onsite job walk attended by 12 consultants 2/24/17 Proposals received from 8 consultant teams 3/7/17 Interviews held for the 4 finalists 3/22/17 Recommended Board award of contract to HydroScience Engineers This recommended contract with HydroScience Engineers divides the work into two phases: Phase 1 – Coordinate with SJWC and submit required documents to secure all permits and approvals for the installation of a water line from the SJWC main on Bear Creek Road to the District’s water meter. Phase 2 – Develop construction documents, including plans, specifications, and cost estimates, for the water distribution system; provide bidding assistance; provide construction design oversight; and prepare as-built plans. If approved by the Board, Phase 1 of the project is anticipated to be complete by Summer 2017. Phase 2 will require coordination with the Bear Creek Redwoods Stables Improvements Project and construction is anticipated to begin in 2018. FISCAL IMPACT The District’s FY2016-17 Budget and Action Plan includes $367,500 in the Engineering and Construction Department budget for the Bear Creek Redwoods Water System project (MAA 21- 003). The allocated budget is sufficient to fund the project in FY 2016-17. Funds for subsequent budgets for construction and monitoring services will be included as part of the proposed three- year Capital Improvement Program to be considered by the Board in May 2017. FY2016-17 FY2017-18 FY2018-19 MAA 21-003 BCR Water Infrastructure Improvements (E&C Budget) $367,500 Spent to Date (as of 3/9/2017): $0 Encumbrances: $0 HydroScience Engineers Contract: $34,720 $97,610 $26,796 Budget Remaining (Proposed): $332,780 The following table outlines the Measure AA Portfolio budget, costs to date, and the fiscal R-17-36 Page 3 impact related to the MAA 21-003 Bear Creek Water Infrastructure Improvements project. This table includes the impact of all three Board actions for award of contract scheduled for the March 22, 2017 meeting. MAA 21 Portfolio Allocation: $17,478,000 Life-to-Date Spent (as of 3/14/17): $593,183 Total Encumbrances: $188,601 Award of Contract to John Northmore Roberts and Associates (MAA 21-004): $922,190 Award of Contract to Mesiti-Miller (MAA21-005): $132,894 Award of Contract to HydroScience Engineers (MAA21-003): $159,126 Total BCR Projects Budget Balances*: $1,116,295 Balance Remaining (Proposed): $14,365,711 *FY2017 BCR Projects Budgets less the proposed contracts, current encumbrances, and year-to- to-date expenditures, reflecting current fiscal commitments to other BCR projects this fiscal year. BOARD COMMITTEE REVIEW The Bear Creek Redwoods Preserve Plan (Preserve Plan), which identifies the Fire and Potable Water System as one of the implementation items, involved extensive Committee and Board review. The Board approved the Preserve Plan at the January 25, 2017 meeting (R-17-15). PUBLIC NOTICE Public notice of this Agenda Item was provided as required by the Brown Act. CEQA COMPLIANCE The Board certified the Draft and Final EIR for the Preserve Plan at the January 25, 2017 meeting (R-17-15). The Preserve Plan identifies the Fire and Potable Water System as one of the implementation items. NEXT STEPS Upon Board authorization, the General Manager will direct staff to enter into contract with HydroScience Engineers to complete construction documents, provide bid assistance, and provide construction observation and oversight for the Fire and Potable Water System Project. This water system project is anticipated to be constructed in 2017 and 2018. Award of construction contract will come back to the Board for review and approval at a future date. Attachment 1. Map showing the Construction Phasing of the Fire and Potable Water System Project Responsible Department Head: Jason Lin, Engineering and Construction Department Manager Prepared by: Dale Grogan, Capital Project Manager, Engineering and Construction Department Bear Creek Stables!@ BEAR CREEK REDWOODS OPEN SPACE PRESERVE SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (MROSD) March 2017 Attachment 1 - Construction Phasing of the Fire and Potable Water System Project at Bear Creek Redwoods OSP Pa t h : G : \ P r o j e c t s \ B e a r _ C r e e k _ R e d w o o d s \ W a t e r S y s t e m \ B C R _ W a t e r S y s P h a s i n g _ 2 0 1 7 0 3 1 0 . m x d Cr e a t e d B y : j h a w k 0 1,000500 FeetI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Watershed Land !P Gate San Jose Ã9 Ã880 Ã101 Ã17 Ã1 Ã35 Cupertino Santa Cruz Area of Detail Other Public Agency Phase 2 - 2018 !@ Water Tank (Location to be determined) Highway or Major Road Minor Unpaved Road Minor Paved Road (^!Phase 1 - 2017 Phase 1 - 2017 Connection to SJWC water line on Bear Creek Road Phase 2 - 2018 Construction of Water Infrastructure Pipeline alignment and storage locations to be determined (!^ B e a r C r e e k R o a d R-17-19 Meeting 17-08 March 22, 2017 AGENDA ITEM 11 AGENDA ITEM Partnership Agreement with the Student Conservation Association to Provide Geographic Information System Services GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a partnership agreement with the Student Conservation Association for a not-to-exceed amount of $57,183 and include this funding in the FY2017-18 budget. SUMMARY The Student Conservation Association (SCA) has proposed a partnership agreement to provide Geographic Information System (GIS) services to the District. The services would consist of field mapping of natural features and infrastructure such as invasive non-native vegetation, bridges, culverts, and similar infrastructure. This project will employ local students from under- served communities, who would be provided with technological training and job-skills development by two SCA staff members, while doing work that is of value to the District. The agreement is for a not-to-exceed amount of $57,183. Since work will not begin until July 2017, this funding will be included in the FY2017-18 budget. SCA fundraising has the potential to offset this amount by up to $10,000. DISCUSSION The SCA is a nation-wide program that provides young people with the opportunity to work in natural environments and promotes an ethos of stewardship of natural areas. Last year the program provided over 1.5 million service hours nationwide in mutually beneficial collaborations with government agencies. In the proposed partnership agreement, the SCA would employ eight to ten students from underserved communities who would be trained to use Geographic Positioning System (GPS) tools to map a variety of natural features and District infrastructure items such as non-native vegetation, bridges, culverts, and more. The students would be supervised by two SCA staff members and would be transported in SCA vehicles. The SCA would take full responsibility for managing the students. The project is anticipated to last for five weeks, with an anticipated start date of July 10, 2017. However, SCA student recruitment and planning for the project will begin spring 2017. Costs include a stipend for student participants, transportation expenses, project supplies and equipment, SCA uniform shirts, and wages for the field leaders. R-17-19 Page 2 The data collected by the students would be entered into the District’s GIS system to allow for easier and more efficient location and inventory of the items. The students would have the opportunity to work with District staff to learn more about GIS skills and technology. District staff would work with SCA staff to identify areas that need to be mapped. An additional benefit to this program would be to expose students to careers in the park and open space management field, and to encourage the students to obtain the education necessary to apply successfully for jobs in the future. FISCAL IMPACT If the Board approves the partnership agreement and approves the funding as part of the FY2017-18 budget, then a not-to-exceed amount of $57,183 will be expended to execute this agreement. The SCA may be able to offset some of this funding with their own fundraising efforts; however, it is recommended that the full amount be budgeted in the event that the SCA is unable to secure grant funding. BOARD COMMITTEE REVIEW The SCA agreement was not reviewed by Committee; however, the Legislative, Funding, and Public Affairs Committee will review the FY2017-18 proposed budget, which will include the funding for this agreement. 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 Partner Agreement with the SCA will be executed and $57,183 included in the FY 2017-18 budget. Responsible Department Head: Michael Newburn, Visitor Services Manager Prepared by: Gordon Baillie, Visitor Services Management Analyst II Paul McKowan, Volunteer Program Manager Contact person: Paul McKowan, Volunteer Program Manager R-17-38 Meeting 17-08 March 22, 2017 AGENDA ITEM 12 AGENDA ITEM Proposed purchase of the West Valley Charter Lines Property as a potential new South Area Field Office, located at 240 Cristich Lane, Campbell, CA, Santa Clara County (Assessor’s Parcel Number 412-32-014) 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 staff report. 2. Adopt a Resolution authorizing the purchase and sale agreement for the West Valley Charter Lines property at a cost of $3,150,000. 3. Authorize the use of the General Fund Committed Infrastructure Reserve in the amount of $2,900,000, plus a purchase deposit of $250,000 covered by the FY2016-17 Real Property General Fund Capital budget. SUMMARY The Midpeninsula Regional Open Space District (District) has a rare opportunity to purchase an industrial property in the City of Campbell that has the capacity to serve as a new South Area Field Office. Board authorization to utilize the General Fund Committed Infrastructure Reserve will provide necessary funding to proceed with the property purchase. Per the District Fund Balance Policy, the General Fund Committed Infrastructure Reserve may be utilized for the expansion of field and office facilities. The following report presents a description of the Property, the District’s environmental review, purchase terms, and financial considerations. MEASURE AA This is not a Measure AA project. DISCUSSION Over the last several years, the District has evaluated its two main field offices in response to increasing operational and maintenance needs and challenges. In response to the successful passage of Measure AA in June 2014 and staffing recommendations from the 2015 Financial Operational Sustainability Model (FOSM), the District has seen a considerable increase in staff to accelerate project delivery, expand service delivery, and properly manage new public access facilities and open space preserves. The staff increase and the operational needs resulting from the opening of Mount Umunhum at Sierra Azul Open Space Preserve and the near term opening R-17-38 Page 2 of the Bear Creek Redwoods Open Space Preserve have warranted a larger, more functional field office located in the southern area of the District. The property for consideration is improved with a 5,600 square foot metal “butler style” building on a 29,480 square foot lot. The Land and Facilities, Visitor Services, Planning and Real Property Departments have inspected the property and confirmed that the available space, industrial zoning, and strategic location meet District needs. Staff quickly moved on bringing this rare opportunity before the Board for purchase consideration. The property is located just outside the District boundary, as there is no industrial space within the town of Los Gatos (the southernmost city within the District) and this is the next closest industrial area where the zoning can accommodate a field office/maintenance yard. Site Advantages 1. Central location offers great access and reduced travel time to South Area Preserves: Sierra Azul, El Sereno, St Joseph’s Hill and Bear Creek Redwoods. 2. Close proximity to where many District employees live. 3. Expedites new facility compared to developing on District open space lands. 4. Does not require the development of existing open space. 5. Estimated to be less costly than new development. 6. Municipal utility services and infrastructure are already available at the site. 7. Expansion potential exists, when needed, if adjacent private properties come up for sale. 8. Location can be accessed using multiple modes of transportation. 9. Offers opportunity for satellite office space for administrative staff. Site Disadvantages 1. Conditional Use Permit is required to use the site as a field office/maintenance yard. 2. Need to adapt to existing footprint. 3. Building interior needs a to be redesigned and reconstructed to meet the District’s planned uses. 4. Lot size may not work for the District’s largest equipment. 5. Unable to hold District public meetings as the site is outside of District boundaries. Background Originally, for the South Area Field Office (SAO) Project, Planning had been investigating the feasibility of developing District land at the intersection of Hicks and Pheasant Roads in the Sierra Azul Open Space Preserve. Early investigations identified a number of complications, including: sloping topography; archaeological, drainage and cultural resource constraints; the need for new and expensive utility infrastructure (high-speed fiber internet $483,873, water, sewer, electricity); zoning limitations; potential neighbor opposition; and extended time and complexity for the environmental review, permitting, and construction. Given the multitude of issues, Planning and Real Property reevaluated the approach and identified a different viable option. As a result, on December 13, 2016, the General Manager recommended to the Facilities Ad Hoc Committee that staff explore opportunities to purchase a suitable developed property for the SAO site. Given the lack of industrial areas in Los Gatos and nearby south area communities within the District, the General Manager recommended that this search extend to the adjacent Cities of Campbell and San Jose, which lie outside the District boundary. The District is empowered under Public Resources Code section 5540 to purchase property “within or without” the District’s boundaries. After receiving Committee support, Real Property notified the real estate broker Colliers International of our property interest, provided specific parameters, and asked them to notify us R-17-38 Page 3 of any new or upcoming opportunities. To date, Colliers has identified three properties. Two of the properties where eliminated from consideration for a number of reasons (zoning, environmental contamination issues, high price, and size). The third property was brought to our attention in early February. After a quick office review, staff jumped on this opportunity before the property was exposed to the open market and was able to tour the site on February 11, 2017. At this tour, staff determined that the site could meet our needs. Staff then proceeded to bring this property back to the Facilities Ad Hoc Committee on February 16, 2017 for consideration. The Facility Ad Hoc Committee recommended forwarding the potential purchase to the full Board to consider its approval. This property presents a rare opportunity to purchase an industrial building. Only 14 industrial parcels exist within the entire City of Campbell that could meet District requirements. Industrial space in the West Valley is very limited and in Campbell there is only 72,996 square feet of existing industrial space. Industrial buildings do not come up for sale very often. Regarding the market, the current vacancy rate for industrial space in Silicon Valley is 2.8% (4th Quarter 2016) and there is very little to no new industrial product being constructed in the West Valley. Property Description and Regional Context (see attached map) The 5,600 square foot building, constructed in 1960, is split at approximately 60% office space and 40% shop space. The office space within the building is in fair to poor condition and should be redesigned and reconstructed to better meet our needs. The lot itself is 29,490 square feet with a near zero setback for the existing building, which makes the open yard area very usable. The shop space is accessed via two 14-foot grade level rolling doors and is in fair condition. Cristich Lane is a private street with nine street parking spaces in front of the property. There is a 10,000 gallon underground diesel tank on the site that was installed in 1998 (this tank replaced an old tank and the owner secured regulatory closure for the old tank). This tank would offer utility to the District for its larger trucks and tractors. The site is improved with a storm water catchment system that was installed in 1992. The property is located near the terminus of Cristich Lane. The adjacent property uses are industrial. The neighborhood is bounded to the north by Campbell Technology Parkway, to the south by E. McGlincy Lane, to the west by Highway 17, and to the east by Santa Clara Valley Water District (SCVWD) percolation ponds. Edith Morely Park is located northeast of the site and there are trails from this park that allow public access to the SCVWD percolation ponds. The site has great access to the District’s Sierra Azul, St. Joseph’s Hill, and El Sereno Open Space Preserves via surface streets. Bear Creek Redwoods Open Space Preserve is easily accessed via Highway 17. The property is located in close proximity to Highway 17 and Highway 85. Land Use and Improvements The property is located within the City of Campbell’s light industrial zoning area and zoned M1 (Light Industrial), which is the ideal zoning that the District needs for a field office/maintenance yard use. Uses such as Government offices, maintenance facilities, and equipment and material storage yards are allowable within this designation with a Conditional Use Permit (CUP). Based on preliminary discussions with the City, it appears that the District would need to secure a CUP to establish a maintenance facility with a storage yard. Office, truck terminal and warehouse uses would not require a CUP under this zoning designation. The need for a CUP would be confirmed during the due diligence period. R-17-38 Page 4 USE AND MANAGEMENT Not applicable CEQA COMPLIANCE Project Description The project consists of the purchase of a 29,490 square foot property, located at 240 Cristich Lane in the City of Campbell. The property has a City of Campbell General Plan designation of Light Industrial, with a zoning designation of M-1 (Light Industrial). The District is considering this purchase to provide the District with the opportunity to address long-term needs for a southerly field office and maintenance yard. For purposes of compliance with the California Environmental Quality Act (CEQA), the project is limited to the transfer of ownership at this time. Any activities such as remodeling or change in use of the property is subject to as-yet unprepared planning and design work. Such work will be evaluated for CEQA as the project description takes shape. This approval to pursue acquisition of the site will result in no direct or indirect changes to the environment triggering CEQA. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15061 as follows: Section 15061(b)(3) exempts projects where it can be seen with certainty that there is no possibility the activities may have a significant effect on the environment. The project is limited to the transfer of ownership. No plans for the occupancy of the property or redevelopment of this site have been developed. Any future redevelopment of the site would be subject to a separate review for compliance with CEQA and approval by the District and the City of Campbell. TERMS AND CONDITIONS The purchase price and terms are as follows: • Purchase Price: $3,150,000 • Deposit: Initial deposit of $50,000 (tied to 40-day contingency below and becomes non- refundable after first contingency is released) increased by $200,000 to a total of $250,000 after first contingency is released (tied to 140-day contingency extension for the CUP and becomes non-refundable after second contingency is released) • Contingency periods: 40 days (for general conditions, i.e. environmental, title, etc.) plus a 140-day extension for a CUP (if required) • Closing costs: As customary in Santa Clara County (seller pays but District will cover the costs of an extended ALTA title policy) • Commission: 5% of purchase price to Colliers International (seller pays) • Lease back: six months with two (3) month extensions. The purchase price is regarded as fair market value for the site. This site in particular has a large yard area, which is advantageous to the District and is rare in the market. The purchase price of R-17-38 Page 5 this property is $106 per square foot based on the land. This property falls within the comparable sales range of $82 to $112 per square foot of land for like properties in Campbell. The seller has requested a leaseback provision so that he may remove all personal property from the site. Under the leaseback option, the seller would pay the District $10,000 a month NNN (tenant pays all expenses) with $2,500 rent increases if the three-month extensions are needed. The seller would provide a $20,000 security deposit to the District for compliance with all lease terms, including the removal of all personal property to the District’s standards. FISCAL IMPACT The total property purchase amount is $3,150,000. If the purchase of the Subject Property is approved, it is requested that the Board authorize the use of the General Fund Committed Infrastructure Reserve. The fiscal impact to the General Fund Committed Infrastructure Reserve will be $2,900,000. The total deposits of $250,000 will be covered by the FY2016-17 Real Property option/deposit capital budget (Fund 40 – General Fund). West Valley Charter Line Property Purchase Amount $3,150,000 Total Land purchases approved to date for FY 2016-2017 $2,389,000 Total Land Purchases (if approved) $5,539,000 It is estimated that approximately $135,000 in funds will be needed for the due diligence and CUP application associated with this purchase. The cost estimates include the following: Architect for CUP application and basic design drawings, $50,000; Phase 1 and Phase 2 environmental study, $30,000; ALTA (American Land Title Association) and topographic survey, $25,000; extended coverage ALTA title policy, $10,000; and contingency, $20,000. There are sufficient funds in the Real Property and Planning budgets to cover these costs. If purchased, additional funds for site improvements and office redesign will need to be allocated. It is difficult to budget for these costs now but they may exceed $1,000,000. If we close escrow, the work would include planning, designing and permitting the improvements while the seller is leasing back the site. Under this scenario, work could begin as soon as March 2018 (dependent on the leaseback term), with a proposed budget included in FY2017/18 of the proposed three-year CIP to be considered by the Board in May 2017. The District Controller has reviewed the financial viability of the proposed purchase, found that it is consistent with the District’s long-term financial model and infrastructure reserves, and has approved the purchase. BOARD COMMITTEE REVIEW The Facilities Ad Hoc Committee reviewed this item on February 16, 2017. PUBLIC NOTICE All notice required by the Brown Act has been provided. R-17-38 Page 6 NEXT STEPS Upon approval by the Board of Directors, staff would proceed with due diligence investigations and begin working on site plans for a CUP application (if needed). After the close of escrow, staff would begin planning the site improvements and design plans. Attachments: 1. Resolution Authorizing Acceptance of Purchase and Sale Agreement, Authorizing use of the General Fund Committed Infrastructure Reserve, Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, Authorizing General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction. 2. Location Maps Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Senior Real Property Agent Tina Hugg, Senior Planner Contact person: Allen Ishibashi, Senior Real Property Agent Graphics prepared by: Jaime Hawk, GIS Data Analyst I Nathan Greig, GIS Technician Attachment 1 Resolutions/2017/R-1-__240CristichLanePurchase 1 RESOLUTION 17-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AND SALE AGREEMENT, AUTHORIZING USE OF THE GENERAL FUND COMITTED INFRASTRUCTURE RESERVE, AUTHORIZING GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (240 CRISTICH LANE, CAMPBELL, CA), AND AMEND THE BUDGET FOR FISCAL YEAR 2016-17. The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District (District) does hereby accept the offer contained in that certain Purchase and Sale Agreement between West Valley Charter Lines, Incorporated, a California corporation, and the Midpeninsula Regional Open Space District, a copy of which purchase and settlement agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein (“Subject Property”). SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space District authorizes the expenditure of $3,150,000.00 covering the purchase of the Subject Property, including a deposit of $250,000.00. SECTION THREE. The Board of Directors of Midpeninsula Regional Open Space District authorizes the use of the General Fund Committed Infrastructure Reserve in the amount of $2,900,000.00. SECTION FOUR. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. SECTION FIVE. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to the seller, sign all escrow documents and to extend escrow if necessary. SECTION SIX. The General Manager or the General Manager’s designee is authorized to expend up to $135,000.00 to cover the cost of title insurance, escrow fees, consultants and other miscellaneous costs related to this transaction. SECTION SEVEN. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Attachment 1 Resolutions/2017/R-1-__240CristichLanePurchase 2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2017, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel 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 !# "@ EL SERENO OPEN SPACE PRESERVE FREMONT OLDER OPEN SPACE PRESERVE PICCHETTI RANCH OPEN SPACE PRESERVE ST. JOSEPH'S HILL OP EN SPACE PRESERV E SIERRA AZUL OPEN SPACE PRESERVE BEAR CREEK REDWOODS OPEN SPACE PRESERVE FELTON STATION MON TE SE RENO SAR ATO GA CAM PBELL CUPERTINO LOS GATO S A L M A D E N Q U I C K S I L V E R C O U N T Y P A R K H E L LY E R C O U N T Y P A R K K E L L E Y PA R K S A N B O R N C O U N T Y PA R K S A N TA T E R E S A C O U N T Y P A R K S T E V E N S C R E E K C O U N T Y P A R K V I L L A M O N TA L V O C A L E R O C O U N T Y PA R K M O O D Y G U L C H S T U A R T R I D G E Picchetti Pond StevensCreekReserv o ir A lmad en Reservoir Cherry Springs Pond Guadalupe Reservoir Lexi n gton R es e r v o ir Vason a Reserv o i r Lake Ranch Reservoir H A K O N E G A R D E N S AlamitosCreek R i n c o n C r e e k N e w ellCreek H e r b e rt C r e e k Ala m ito s C re ek Bear Cre ek LosCapitancillos C re e k GuadalupeCreek Ross Creek LosG atos Creek StevensCreek S h e a r C re e k Los GatosCreek D e e r C r e e k S a r ato g a Creek McElroyCreek B o o k er C re e k LyndonCanyon Creek B a r r e t C re e k Swi ss C reek M A R T I A L C O T T L E PA R K CATH EDRAL OAK S AR EA MT. UMU NHU M AR EA KENNED Y- LI MEKILN AR EA RANCHO DE GUADALUPE AR EA B o h l m a n R d RegnartRd M t.U m u n h u m R d Bl a c k R d Soda SpringsRd ShannonRd Oak S t M o n t e v i n a R d Ste v en s C a n y o n R d W e a v e r R d Alma B rid ge R d A l a m i t o s R d S a nta Teres a Blv d M t. E d e n R d Prospect R d KennedyRd HicksRd Sou t h w e s t B l v d Lo s G a t o s B l v d Pine A v e Jo h n s o n A v e S S t e l l i n g R d CO R D G 8 Ra c e S t Norwood A v e Redmond Ave Pollard Rd Willow S t B ird R d 7t h S t SobeyRd Branham L n Carlton Ave Payne Ave S i l v e r C r e e k R d S B l a n e y A v e Li n c o l n A v e De A n z a B l v d Bollinger Rd Fr u i t v a l e A v e Cox Ave Prospect Rd McClellan Rd Chynoweth Ave Saratoga Sunnyvale Rd Williams Rd Ki n g R d Mi l l e r A v e Hillsdale A v e Sn e l l A v e Los Gatos Almaden Rd Ber n a l A v e N L e i g h A v e Sa n T o m a s A q u i n o R d M e r i d i a n A v e Stevens Creek Blvd Yerba B u e n a R d P a r k B l v d Ca mp bell Ave Colema n R d Foxworth y A v e Qu i t o R d M c L a u g h l i n A v e M o n t e r e y R d Un i o n A v e 1 0 t h S t Hamilton Ave Aborn Rd Curtne r A v e Camden Ave S e n t e r R d Blossom Hill Rd Ba s c o m A v e McKea n R d Wi n c h e s t e r B l v d Quimby Rd Sara t o g a A v e Santa Teresa Blvd C asa L o m a R d A l m a d e n E x p y La w r e n c e E x p y Ca p i t o l E x p y T ully R d ÃÆ35 ÃÆ9 ÃÆ87 ÃÆ87 ÃÆ82 ÃÆ82 ÃÆ82 ÃÆ17 ÃÆ17 ÃÆ17 ÃÆ17 ÃÆ85 ÃÆ85 ÃÆ85 ÃÆ85 ÃÆ85 ÃÆ9 ÃÆ35 ÃÆ280 ÃÆ280 ÃÆ280 ÃÆ101 ÃÆ101 ÃÆ101 Congress SpringsRd Norman Y . M i n e t a F w y G u a d a l u p e F w y W e s t V a l l e y F w y Sa n t a C r u z H w y BearCreek Rd S k y l i n e B l v d Fo o t h i l l B l v d Hi c k s R d (SCC P) Q U A R R Y PA R K L E X I N G T O N R E S . C O . P A R K L E X I N G T O N R E S . C O . P A R K Sar a t o g a A v e SaratogaLosGatosRd P ierce R d ^_240 Cristich Lane, Campbell, CA 95008 Midpeninsula Regional Open Space District (MROSD) March 2017 240 Cristich Lane, Campbell, CA 95008 Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ S A O \ P r o p e r t y P u r c h a s e \ 2 4 0 C r i s t i c h L a n e \ S A O _ P o t e n t i a l P r o p _ 2 4 0 C r i s t i c h _ R e g i o n a l _ 2 0 1 7 0 3 0 3 . m x d Cr e a t e d B y : n g r e i g 0 52.5 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Santa Clara San Jose Ã9 Ã880 Ã17 Ã84 Ã1 Ã280 Ã35 Redwood City Mountain View Palo Alto Cupertino Santa Cruz Milpitas Area of Detail Other Protected Lands Attachment 2 Midpeninsula Regional Open Space District (MROSD) March 2017 Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ S A O \ P r o p e r t y P u r c h a s e \ 2 4 0 C r i s t i c h L a n e \ S A O _ P o t e n t i a l P r o p _ 2 4 0 C r i s t i c h _ A e r i a l _ 2 0 1 7 0 3 0 3 . m x d Cr e a t e d B y : t r o b i n s o n 0 0.20.1 MilesI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. 240 Cristich Lane, Campbell, CA 95008 240 Cristich Lane ÄÆ17 ÄÆ17 SBascom Ave Crsitich Ln E M c Glinc y L n Wi n c h e s t e r B l v d U n i o n A v e C ur tner Ave San Th o m a s E x p y Attachment 2 R-17-40 Meeting 17-08 March 22, 2017 AGENDA ITEM 13 AGENDA ITEM Cooley Landing Park Partnership with City of East Palo Alto GENERAL MANAGER’S RECOMMENDATIONS Approve the following two recommendations from the Diversity Ad Hoc Committee: 1. Allocate Measure AA funds to cover the costs for design, permitting, and construction of six Cooley Landing Vision Plan elements, including the costs for an outside project manager, if needed, to complete the work by June 30, 2019 for an amount not to exceed $1.25 Million. 2. Allocate District General Funds for consultant costs to develop a business and operating plan for Cooley Landing Park (includes the Education Center) working jointly with the City of East Palo Alto for an amount not to exceed $200,000. In addition, the General Manager recommends the following: 3. Authorize the General Manager to enter into a funding agreement with the City of East Palo Alto, providing $217,148 to fund the design of six Cooley Landing Vision Plan elements as the first step of implementation, as described under Recommendation #1 above. SUMMARY The Cooley Landing Park is partially complete. The City of East Palo Alto (City) is seeking District funding support to complete additional key elements of the Cooley Landing Vision Plan, including three elements that are required to close a $5 Million grant, which funded a major portion of the existing public access improvements. The Diversity Ad Hoc Committee unanimously recommends allocating Measure AA funds to complete six additional capital improvements to increase the park’s functionality and public benefit. Work is expected to begin quickly as the City is preparing to amend a contract with their landscape design firm to proceed with design of the remaining elements for an amount of $217,148, which would be part of the recommended funding contribution. In addition, a majority of the Committee also recommends allocating General Funds to work collaboratively with the City to develop a business and operating plan for the park to guide its long-term management and safeguard its long-term success. The Fiscal Year 2016-17 Budget includes sufficient funds for the current fiscal year. Funds for subsequent budget cycles would be included as part of the annual operating budget and three-year Capital Improvement Program, which the Board will review and consider in May 2017. R-17-40 Page 2 MEASURE AA A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting and includes Project #2 Cooley Landing – Interpretive Facilities and Infrastructure. The Cooley Landing Park Project serves the goals of Measure AA Portfolio #2 by partnering to develop city- to-bay trails and supporting associated bayfront interpretive facilities. BACKGROUND The City has been working since 2004 to transform Cooley Landing Peninsula from a brownfield, as former toxic dumpsite, into a vibrant bayfront nature park for the surrounding community (Attachment 1). The 9-acre Cooley Landing Park, which is the only bayfront property within City boundaries, is increasing the City’s prior 16 acres of parkland (0.5 acres/1000 persons) by 72% (to 0.85 acres per 1000 persons), moving toward the State of California's goal of 3 acres/1000 persons. Given the high benefit of the park project in a community that is in need of additional park space, this project has received extensive funding support from numerous entities (Attachment 2). Demonstrating the District’s support for the project, the Board of Directors adopted a Comprehensive Use and Management Amendment for the Ravenswood Open Space Preserve on February 24, 2010 to designate District property on the Cooley Peninsula as part of the “Cooley Landing Area” (Report 10-29). At this same meeting, the Board authorized execution of a Partnership Agreement with the City in support of the park project. On July 14, 2010, the Board received a presentation of the City’s Cooley Landing Vision Plan (Cooley Plan), and expressed support for using the Cooley Plan as the project description to conduct the required environmental review. The Cooley Plan identifies numerous new public access facilities, including trails, picnic areas, and viewing areas, divided into six phases to allow for incremental implementation based on funding and the annual short construction window to protect special status species (Attachment 3). Consistent with the Cooley Plan, the City has fully completed Phase I and most elements of Phases II and III as follows: Phase I Site remediation, demolition and cleanup, grading, revegetation, underground utilities, and main trail loop Phase II Access road paving, expansion and paving of Preserve parking lot, additional underground utilities, and improvements to the Preserve trail along access road Phase III Education Center with indoor restroom, entry plaza, extension of access road, parking and turnaround paving at the drop-off circle, overflow parking area, and utility connections DISCUSSION The City secured a $5 Million California State Parks (State Parks) Proposition 84 grant in March of 2012. At the time of award, the grant was set to fund all elements of Phases I through V. Unfortunately, due to higher than expected design and construction costs, the City expended all funds prior to fully completing Phases II and III, or initiating Phases IV and V, thus not meeting the grant requirements. Lacking funds to complete the remaining capital improvements, the City reached out to the District for assistance (Attachment 4). In addition, the City negotiated with State Parks to eliminate elements from Phases IV and V to reduce the remaining costs to close the grant and release the $1 Million retention that State Parks is withholding for work completed R-17-40 Page 3 to date. Based on negotiations with State Parks, the City is now only required to complete the following Phase IV and V elements by June 30, 2019. Preliminary costs for these elements range between $750,000 and $1 Million. • New freestanding restroom building • Outdoor classroom area • Motion-sensor lighting along access road, drop-off circle, building, and entry plaza There are three additional outstanding elements from the Cooley Plan, which the grant no longer requires, yet very closely align with the District’s mission. These elements would enhance the low-intensity recreational and nature experience at Cooley Landing, and provide an extended bayfront experience for visitors of the surrounding open space lands, including Ravenswood Open Space Preserve. Preliminary costs for these elements range between $150,000 and $250,000. • Path around Education Center to complete a trail loop through the site • Secondary unpaved trails • New/relocated sign at entry (existing one is blocked by large transformer and bollards) District staff met with City staff to discuss the funding shortfall as well as programming needs for the Nature Education Center. Given the critical funding gap to complete Cooley Landing Park and the active Partnership Agreement between the District and City in support of the project, two goals and two objectives of the Diversity Ad Hoc Committee (Committee) focus on Cooley Landing, partnerships, and diversity. The full Board of Directors reviewed these goals and objectives at the special meeting of November 1, 2016: Goal 1: Promote the District and its interpretive programs through collaborative partnerships with diverse community organizations. Obj. 2: Explore potential partnership scenarios to support the long-term management and/or programming of the Cooley Landing Education Center; focus on scenarios that provide “next generation” bayfront community services and benefits. Goal 4: Expand existing partnerships and enter into new, non-traditional partnerships to complete projects and improve programs that serve a diverse community. Obj. 1: Define the District’s role in completing Cooley Landing Park and in ensuring the success of the Cooley Landing Education Center. Consistent with the Committee’s charge, staff worked closely with the Committee to clarify the District’s recommended role at Cooley Landing. This clarification will guide the use of District resources, including staff time and funding, as it relates to Cooley Landing Park. As part of this work, the Committee evaluated funding opportunities using Measure AA funds. Available Measure AA Funds for Cooley Landing Park Measure AA (MAA) allocates $5.052 Million under Portfolio #02, Regional: Bayfront Habitat Protection and Public Access Partnerships. Portfolio #02 seeks to “partner to complete gaps in the Bay Trail and develop city-to-bay trails. Support wetland restoration and associated interpretive facilities. Preserve additional bayfront open space”. Active projects that are eligible for MAA Portfolio #02 funding are the Ravenswood Bay Trail Connection Project (Bay Trail R-17-40 Page 4 Project) and a Native Planting Project at Cooley Landing. The total design and construction cost for both items is estimated at $2.5 million. Conceptual trail planning for the Bay Trail Project is funded in part by a grant of $40,000 from the Association of Bay Area Governments. The Bay Trail Project is also receiving a County of San Mateo Measure K grant (formerly Measure A) of $1 Million and a County of Santa Clara grant of $400,000 for design, permitting, and construction. This leaves a deficit of approximately $1.06 Million to be funded by either MAA, additional outside grants, or a combination of both. Assuming MAA funds the remaining deficit, approximately $4 Million would remain unspent under MAA Portfolio #02 that can be allocated to fund improvements at Cooley Landing Park. Of note, District records indicate that Measure AA received high voter support in East Palo Alto, passing by 72.3% of the total citywide voter count. Diversity Ad Hoc Committee Recommendations Based on a review of the current project status, funding shortfall, and available Measure AA funds, the Committee has forwarded a split recommendation to the full Board: Majority Recommendation #1 (vote 3-0): Allocate Measure AA funds to cover the costs for design, permitting, and construction of the six elements listed above, including the costs for an outside project manager, if needed, to complete the work by June 30, 2019 for an amount not-to-exceed $1.25 Million. Note: all costs listed under this recommendation are eligible for Measure AA reimbursement. Minority Recommendation #2 (vote 2-1): Allocate General Funds to cover consultant costs to develop a business and operating plan for Cooley Landing Park (including the Education Center), working jointly with the City of East Palo Alto, for an amount not-to-exceed $250,000. Note: costs to develop a business/operational plan is not eligible for Measure AA reimbursement. Recommendation #1 would fulfill the Prop 84 grant requirements and significantly expand the recreational opportunities at Cooley Landing for the benefit of park users, and Preserve visitors who will likely use the park to enhance their bayfront experience. Recommendation #2, which was raised in discussions between District staff and City staff, would provide the City with a useful roadmap on how best to manage and maintain the park in the long-term, and identify existing and potential new funding sources to keep the park operating as envisioned. The business and operating plan would also address the long-term use and management of the Education Center, which is currently on a short-term lease to Palo Alto through April. City’s Next Steps The City is working at this time to amend an existing contract with a landscape architecture firm to complete the design and construction plans, and assist with supplemental permitting, the bidding process, and construction administration during onsite implementation. This contract amendment will be for $217,148 and include the six elements listed above, as well as additional elements from Phases II through V that the City hopes to implement, pending other future funding sources. If Recommendation #1 above is approved by the Board, District funds can be allocated to fund a portion or the entirety of the design and construction services contract, if deemed necessary, to move the project forward, as these costs are also Measure AA reimbursable. R-17-40 Page 5 FISCAL IMPACT The FY2016-17 Planning Department budget includes $180,000 for the Cooley Landing Interpretive Facilities Design and Implementation (MAA 02-001). There are sufficient funds in the current fiscal year project budget to cover the Cooley Landing Vision Plan implementation. Future fiscal year budgets would include funds to complete the capital improvements and business/operational plan. FY16-17 FY17-18 FY18-19 Total MAA 02-002 Planning Budget $180,000 Spent-to-Date (as of 3/13/17): $12,806 Encumbrances: $22,194 Native Planting Project: $30,000 $25,000 $55,000 Cooley Landing Vision Plan Implementation: $38,330 $366,702 $844,968 $1,250,000 MAA Budget Remaining (Proposed): $106,670 Cooley Landing General Fund Operating Budget (Proposed): Cooley Landing Park Business/Operating Plan: $200,000 $200,000 The following table outlines the Measure AA Portfolio 02 budget, costs-to-date, and the fiscal impact related to the Cooley Landing Project (MAA 02-001). This proposed capital improvement work serves to “develop city-to-bay trails. Support…. associated interpretive facilities”. MAA #02 Portfolio Allocation: $5,052,000 Life-to-Date Spent (as of 3/13/17): $199,280 Encumbrances: $142,967 Future Cost for Native Planting Project at Cooley Landing: $55,000 Cooley Landing Vision Plan Implementation: $1,250,000 MAA #02 Balance Remaining (Proposed): $3,404,753 BOARD COMMITTEE REVIEW The Diversity Ad Hoc Committee met on December 9, 2016 meeting to discuss this item in detail and finalize their recommendations for Board consideration. PUBLIC NOTICE Public notice was provided as required by the Brown Act. The City also received notice of this item. CEQA COMPLIANCE On July 27, 2011, the Board of Directors concurred as a Responsible Agency with the findings made by the City on the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) that was prepared for the Cooley Landing Vision Plan and certified on R-17-40 Page 6 February 15, 2011. The recommended actions that are part of this Agenda Item are consistent with the MND and MMRP. NEXT STEPS If approved by the Board, the General Manager will direct staff to work closely with the City to amend the Partnership Agreement and establish the mechanism to provide funding support for the design, permitting, and implementation of the Cooley Landing Vision Plan elements as described in this report. Also, if approved, staff will work with the City to lay out the next steps for developing and funding a business and operations plan for the park. Attachment(s) 1. Location of Cooley Landing Park and adjacent Ravenswood Open Space Preserve 2. Prior Outside Funding Support Granted for the Cooley Landing Park Project 3. Cooley Landing Vision Plan - Phasing Plan 4. October 13, 2016 Letter from City Manager Carlos Martinez to General Manager Steve Abbors regarding Cooley Landing Park Responsible Department Head: Stephen E. Abbors, General Manager Prepared by: Ana Ruiz, AICP, Assistant Manager – Planning and Project Delivery Graphics prepared by: Jamie Hawk, Data Analyst I R A V E N S W O O D O P E N S P A C E P R E S E R V E S T E V E N S C R E E K S H O R E L I N E N A T U R E S T U D Y A R E A E A S T P A L O A L T O ATHER T O N M E N L O P A R K B A Y L A N D S P R E S E R V E D O N E D W A R D SN A T I O N A LW I L D L I F E R E F U G E S A N M A T E O P R O P E R T I E S D O N E D W A R D S N A T I O N A L W I L D L I F E R E F U G E B A Y F R O N T P A R K R E C R E A T I O N A R E A Ravenswood Point Palo Alto AirportPulgas Ave O reg o n Ex p y U niversity A ve Valparaiso Ave Broadway E m b a r c a d e r o R d Santa Cruz Ave Bay Rd Middlefield Rd ÃÆ114 ÃÆ84 ÃÆ82 ÃÆ84 ÃÆ101 ÃÆ101 Marsh Rd Willow Rd B a y R d B a y T r a i l Bay Trail B a y to Rid g e Trail Lucy Evans Baylands Nature Interpretive Center Cooley Landing Education Center (S F P U C ) Cargill (U S F W S ) (U S F W S ) D u m b a rt o n B ri d g e Bayshore Fwy C O O L E Y L A N D I N G P A R K Midpeninsula Regional Open Space District (MROSD) March 2017 Att a c h m en t 1 : L o c a t i o n o f C o o l e y L a n d i n g P a r k Path: G:\Projects\Ravenswood\Cooley Landing\RW_CooleyLanding_RegionalBoard_20170310.mxd Created By: jhawk 0 10.5 MilesI MROSD Pr es e r ve s Private Pro p er t y While the District strives to use the best available digital data, thes e data do not represent a l egal sur vey and are merely a graphic illu stration of geographi c f eatures. Watershed Land Ã35-92 Ã92 Ã1 Ã880 Ã84 Ã35 Ã280 Half Moon Bay Redwood City San Mateo South San Francisco Union City Mountain View Palo Alto Cupertino Area of Detail Other Protec t ed La n ds Other Public Agency Education / Interpretive Cente r Attachment 2 Prior Outside Funding Support Granted for the Cooley Landing Park Project +$2M Packard Foundation for the land, interim maintenance and security, and project management assistance $40k Nature Restoration Trust program supported by the National Fish and Wildlife Foundation and PG&E $800K Environmental Protection Agency Brownfields Grant Program $244,649 Coastal Conservancy for construction of a Bay Trail spur $5M California Department of Parks and Recreation (State Parks) Proposition 84 (Prop 84) grant through the Statewide Park Development and Community Revitalization Program, which awards grants for the creation of new parks and recreation facilities in critically underserved communities throughout California. Attachment 3 October 13, 2016 Mr. Stephen E. Abbors General Manager City of East Palo Alto Office of the City Manager Midpenisula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 SUBJECT: STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION, COOLEY LANDING PARK Dear Mr. Abbors, Thank you for your years of support and for working with the City of East Palo Alto to expand public parks and access to the Bay through expanding tail opportunities in the City. Consistent with the Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District ("District") for the Cooley Landing Project, the City would like to formally request further collaboration and partenership efforts with the District to implement the remaining phases of Cooley Landing Vision Plan and complete the improvements a contemplated in the original community vision plan of the project. As you are aware, Midpeninsula Regional Open Space District owns the Ravenswood Nature Preserve adjacent to Cooley Landing and, in addition to acting in partnership with the City on the project, provided an easement to the City to access the site from Bay Road. The City of East Palo Alto deeply appreciates the contributions of your agency, because the realiz_ation of Cooley Landing as a public park could not be achieved without your support and cooperation. The vision of Cooley Landing Park in the City of East Palo Alto was created through the development of 15 .31 acres of land and the construction of a new Environmental/History Education Center Building, outdoor classroom, picnic area, open space/informal soccer field, restroom building, multi-use trails, gathering plaza, parking lot, lighting and landscaping. 'East Palo Alto and the District has long been working towards the benefits that would be offered at Cooley Landing. As early as 1995, studies such as the City's Parks, Recreation, and Open Space Recommendations have identified projects given highest priority by East Palo Alto residents to be bicycle and pedestrian trails, playgrounds and tot lots, access to Cooley Landing, and group picnic areas. 2415 University Ave . East Palo Alto , CA 94303 Phone: (650 ) 853-3100 Fax: (650 ) 853-3115 www.cityofepa.org cmoffice@cityofepa .org Attachment 4 Page 2 After more than a decade of studies, planning, research, and community discussion, improvements at Cooley Landing Park are underway. In March of 2012 , the State of California Statewide Parks Program awarded $5 million of Proposition 84 funds to the City of East Palo Alto for des ign and construction of the project. The project was designed in subsequent six phases; to date , the first three phases of the project have been completed. · • Phase 1 included capping contaminated soil (related to the site's former use as a burn -dump) and providing for safe public access . When the park was opened to the public in 2012, Cooley Landing added nine acres to the amount of public open space in East Palo Alto. • Phase 2 of the park improvements included installation of underground utilities, improving the access road, and installing native planting. This phase started in September, 2013 and was completed in February, 2014. • Phase 3 of the project included the construction of the Education Center which will serve as a place for community meetings, and as an institution which preserves and enhances the area's cultural heritage, history, and traditions. Construction of the Education Center was completed in September, 2015. The City held a grand opening event of the Education Center on April 16, 2016. • Phases 4 through 6 are still remaining and will require design and construction of the following improvements: o Phase 4 includes design and construction of outdoor classroom and outdoor bathrooms , and outdoor lighting along the access road , as well as security decorative fence around the perimeter of the building. o Phase 5 includes design and construction of trails and interpretive area; secondary unpaved trails; and viewing and interpretive Areas. o Phase 6 includes improvements to the viewing pier. In order to fulfill the State of California Statewide Parks Program grant requirements, the City is obligated to complete the remaining phases of the project in accordance with the funding agreement between the City and the State. The State is still holding over $1 million (out of the $5 million grant) of Proposition 84 funds until the City complete the design and construction of the remaining phases of the project and complete the grant · scope as referenced above. The City is currently looking for funding opportunities to complete the remaining improvements . It is our understanding that the District indicated an interest in getting involved to assist the City complete some of the remaining improvements and potentially fund them using Measure AA Funds. The City is open to discuss the 2415 University Ave . East Palo Alto, CA 94303 Phone: (650) 853 -3100 Fax: (650) 853 -3115 www.cityofepa.org cmoffice @cityofepa.org Attachment 4 Page 3 remaining phases and find a way to continue our partnership toward completing the improvements and achieving the project goals. Sincerely, Attachment 1: Cooley Landing Park Concept Plan CC: Sean Charpentier, Assistant City Manager Kamal Fallaha, Public Works Director Cooley Landing File 2415 University Ave . East Palo Alto , CA 94303 Phone : ( 650) 853 -3 100 Fax: (650) 853-3115 www .cityofepa.org cmoffice@ cityofepa.org Attachment 4 From:Jennifer Woodworth Subject:Questions for 3/22/17 Agenda Date:Wednesday, March 22, 2017 10:06:04 AM Good morning all, Please find responses below in blue to questions submitted regarding tonight’s agenda items. Jen March 22, 2017 Board Questions from Director Kishimoto Item 6 - copiers/printers - it’s hard to judge whether we are getting good value with this although I know it’s a state procurement deal. Is it all negotiated on a per copy basis or ?   To clarify, we pay cost per print, which includes machines, maintenance, service and ink.  This is the same type of agreement  we've had with Sharp since 2013. Additionally, we compared the proposed National Joint Powers Alliance cooperative agreement to the California eProcure Xerox lease, which is approximately 20% higher.   Black & White 2013: $0.0090 2017: $0.0049 savings: $0.0041 per copy   Color 3013:$0 05445 2017:$0.04900 savings:$0.00545 per copy Item 12 - Cristich Lane property. Has there been a preliminary assessment of how many field and admin staff could work out of there? How many parking spaces would we be obligated (or want) to provide?   Staff has looked at the zoning code to determine how many parking spaces are required based on the building square footage (14 spaces at 1/400 s.f.). We have also had preliminary discussions with Visitor Services and Land and Facilities to explore the maximum 30-year build out of a south field office. This build out will be informed by what can fit on the site. Because the site is smaller than the Foothills and Skyline Field Offices, the operational model at this facility would be different as compared to the two main field offices, e.g. large equipment and some storage may need to be placed elsewhere at a Preserve or at the Foothills Field Office. Also, it is very likely that a storage yard near the current South Area Outpost would be needed given the space constraints at the proposed new property location.  As part of the conditional use permit application process, staff will work with a design team to prepare site plan and building layout alternatives that aim to maximize use of the site for the next 30 years.  This information will help determine which staff work groups and total number of staff would report at this location.  Please also note that the District can choose to place this property back on the market should another opportunity come up that better meets our needs.  At this point, given the current market, we benefit from jumping on opportunities as they come up while remaining flexible to pivot when a better opportunity emerges. Item 13 - Cooley. Remind me why it’s a big priority to build free-standing restroom? It’s not possible to open only the restroom in the education center? The need for a free-standing restroom came up as a priority, as we understand it, due to the fact that the restroom that exists at the park now is built into the Education Center.  Access to this restroom is only possible when the Education Center is open.  Since the center is not always open when the park is open, the grantor is requiring an outdoor, free-standing restroom that is accessible at all times when the park is open to the public. Jennifer Woodworth, MMC District Clerk/ Assistant to the General Manager jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act.