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HomeMy Public PortalAbout20150826 - Agenda Packet - Board of Directors (BOD) - 15-22 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, August 26, 2015 5:30 PM A G E N D A 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL 1. Presentation of Nonette G. Hanko Oral History Project ADJOURNMENT 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Santa Clara County APN: 562-22-041 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Catherine Meyers Under Negotiation: Terms of real property transaction 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 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. Meeting 15-22 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 Board Meeting Minutes: August 12, 2015 2. Approve Claims Report 3. Contract Award for Habitability/Safety Improvements and Rodent Abatement at the Tenant Residence at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve (R-15-111) Staff Contact: Elaina Cuzick, Senior Real Property Agent General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Belz Construction, Inc., of Orangevale, CA, for a not-to-exceed amount of $176,000, which includes the base bid amount of $153,000 and a 15% contingency amount of $23,000, to complete habitability/safety improvements and rodent abatement at the tenant residence located at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve. 4. Amendment to the Information Systems and Technology Strategic Plan Contract (R-15- 122) Staff Contact: Kate Drayson, Administrative Services Manager General Manager’s Recommendation: Authorize the General Manager to amend the existing agreement with ClientFirst Consulting Group to increase the agreement amount by $17,050 for a total not to exceed amount of $78,522, for network switch upgrades and migration of group calendars from Exchange 2003 to Exchange 2010. 5. Approval of Temporary Information Technology Staffing (R-15-123) Staff Contact: Kate Drayson, Administrative Services Manager General Manager’s Recommendation: Authorize temporary staffing from Robert Half Technology for a not-to-exceed amount of $70,000 to provide Information Technology support. 6. Grazing Tenant Selection for Mindego Ranch (R-15-114) Staff Contact: Clayton Koopmann, Rangeland Ecologist General Manager’s Recommendation: Authorize the General Manager to execute a long term Grazing Lease with Bar DX Livestock (Ronnie and Bartley Seever) for the Mindego Hill Grazing Unit of Russian Ridge Open Space Preserve. 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. 7. Amend the District’s Classification and Compensation Plan (R-15-124) Staff Contact: Candice Basnight, Human Resources Supervisor General Manager’s Recommendation: Adopt a resolution adding the following three new classifications to the District’s Classification and Compensation Plan: Chief Financial Officer/Administrative Services Director, Engineering and Construction Department Manager, and Information Systems and Technology Manager. 8. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Manager (R-15-128) Contact: Pete Siemens, Board Appointee Evaluation Committee Chair Board Appointee Evaluation Committee Recommendation: As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2014-15, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Manager for Fiscal Year 2015-16: Adjust the General Manager’s base salary upward to $235,792, plus a one-time bonus of $10,816. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. 9. Final Design Development Options for the Mount Umunhum Summit Project (Options Do Not Include Recommendations for the Radar Tower) (R-15-126) Staff Contact: Meredith Manning, Senior Planner, Planning Department General Manager’s Recommendation: 1. Review design options and associated estimates of probable cost for the Mount Umunhum Summit Project. 2. Confirm the Planning and Natural Resources Committee’s recommendation for a mid-level option (Preferred Option), and direct staff to make any desired adjustments to the design. 3. Direct staff to proceed with final design development and production of construction documents, which will form the basis for permit submittals and a Request for Bids package. INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT 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 August 21, 2015, 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, CMC District Clerk Board Meeting 15-21 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, August 12, 2015 DRAFT MINUTES CLOSED SESSION The Board of Directors convened into closed session at 6:42 p.m. in the Long Ridge Conference Room. 1. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employees: General Manager CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section 54957.6 Agency designated representatives: Board of Directors Unrepresented Employees: General Manager ADJOURNMENT President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:59 p.m. REGULAR MEETING CALL TO ORDER President Siemens 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: Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Senior Real Property Agent Allen Ishibashi, Natural Resources Meeting 15-21 Page 2 Manager Kirk Lenington, Controller Mike Foster, and District Clerk Jennifer Woodworth President Siemens 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 1. Approve July 22 and July 30, 2015 Board Meeting Minutes. 2. Approve Claims Report 3. Amend Contract with Balance Hydrologics, Inc. (R-15-113) General Manager’s Recommendation: Approve a contract amendment with Balance Hydrologics Inc., increasing the contract by $39,840, for a total amount not to exceed $64,840 to continue and expand the Water Resources Inventory Study underway at the Bear Creek Redwoods Open Space Preserve. 4. Acceptance of Conservation Easements over three Los Trancos County Water District Parcels, two located in unincorporated San Mateo County (Assessor Parcel Numbers 080-071-010 and 080-060-580) and one located in the Town of Portola Valley (Assessor Parcel Number 080-241-410) (R-15-117) General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the acceptance of two conservation easements over three Los Trancos County Water District parcels. 3. Adopt the Preliminary Use and Management Plan, as set out in the staff report. 4. Withhold dedication of the Los Trancos County Water District Parcels as public open space. Motion: Director Hassett moved and Director Harris seconded the motion to adopt the Consent Calendar. VOTE: 7-0-0 BOARD BUSINESS 5. Approval of Revised Statement of Investment Policy and Authorization to Purchase Securities through Stifel, Nicolaus & Company (R-15-116) Meeting 15-21 Page 3 District Controller Mike Foster explained the current investment policy not consistent with the District’s new cash position based on the general obligation bonds. Mr. Foster explained that the District’s funds are divided into four separate accounts – Hawthorns fund, retirement and medical, Board-committed reserves, remaining general fund reserve. Director Riffle requested copies of new reports in approximately six months for the Board to review and receive additional information as needed. Mr. Foster suggested possibly returning on a quarterly basis with a report starting in December. Public comments opened at 7:16 p.m. No speakers present. Public comments closed at 7:16 p.m. Motion: Director Riffle moved, and Director Kishimoto seconded the motion to Adopt resolutions approving the proposed revised Statement of Investment Policy and the trading of securities through the investment department of Stifel, Nicolaus & Company VOTE: 7-0-0 6. Establishment of the Measure AA Bond Oversight Committee and adopting Committee Bylaws (R-15-112) District Clerk Jennifer Woodworth provided the staff presentation summarizing the roles and responsibilities of the Bond Oversight Committee and the schedule of dates for recruiting potential committee members. Ms. Woodworth described the next steps in the process following the close of the application period in December including possible creation of additional selection criteria and options for interviewing and selecting committee members. Public comments opened at 7:40 p.m. No speakers present. Public comments closed at 7:40 p.m. Motion: Director Cyr moved, and Director Hanko seconded the motion to approve a resolution forming the Measure AA Bond Oversight Committee and approve the draft bylaws for the Measure AA Bond Oversight Committee, as amended. VOTE: 7-0-0 7. Approval of Salary Adjustments and Revised Employment Agreements for Board Appointees General Counsel and District Controller (R-15-118) Motion: Director Kishimoto moved, and Director Riffle seconded the motion to continue the item to the following Board meeting. Meeting 15-21 Page 4 ROLL CALL VOTE: 2-5-0 (Directors Hassett, Cyr, Hanko, Siemens, and Harris voted against.) Motion fails. Public comments opened at 7:49 p.m. No speakers present. Public comments closed at 7:49 p.m. Motion: Director Siemens moved, and Director Hassett seconded the motion to adopt resolutions approving the salary adjustments recommended by the Board Appointee Evaluation Committee and authorizing the Board President to execute revised Board Appointee Employment Agreements for the District Controller and General Counsel. VOTE: 5-1-1 (Director Kishimoto voted against, Director Riffle abstained.) Director Kishimoto requested her reason for voting no be included in the record. Director Kishimoto stated that she was voting against the motion because she feels it is important to adopt all three employment agreements at one meeting. 8. Approval of Contract with Geocon Inc. for Environmental Consulting and Hazardous Waste Disposal Services at the former Driscoll Ranch area of La Honda Creek Open Space Preserve (R-15-121) Natural Resources Kirk Lenington described the location of the hazardous waste materials located on the property at Driscoll Ranch Site 16 and the types of debris discovered. Mr. Lenington summarized the process currently being used to segregate the hazardous materials and proposed disposal plan for the hazardous materials. Public comments opened at 8:05 p.m. Mike Bushue requested further information regarding the penalty assessed against the contractor. Mr. Lenington explained that due to the size of the machinery being used it, is difficult for it to be moved; therefore, it is in the District and contractor’s best interest to act as quickly as possible to complete the work. Public comments closed at 8:07 p.m. Motion: Director Riffle moved, and Director Hanko seconded the motion to authorize the General Manager to enter into a professional services contract with Geocon Inc. for a total contract amount not to exceed $69,000, which includes the project proposal amount of $60,000 and a fifteen percent contingency amount of $9,000 to perform environmental consulting and hazardous waste disposal services at the former Driscoll Ranch area of La Honda Creek Open Space Preserve. VOTE: 7-0-0 Meeting 15-21 Page 5 INFORMATIONAL REPORTS A. Committee Reports Director Riffle reported on the August 11, 2015 Planning and Natural Resources Committee meeting. B. Staff Reports Assistant General Manager Kevin Woodhouse reported Governor Brown signed AB495, which increased the General Manager’s contract authority from $25,000 to $50,000. Staff will bring forward recommended revisions to the associated Board Policy later this year before the law takes effect January 1, 2016. General Counsel Sheryl Schaffner reported the District has received the settlement funds from Arcadis, which funds will be added to the general fund after the District reimburses Carl Warren & Company for the payment made to a neighbor of the property. District Clerk Jennifer Woodworth provided information related to the Special District Leadership Foundation’s District of Distinction certification related to upcoming training opportunities for Board members. The Board decided not to require all Board members attend the Governance Foundations training and pursue the District of Distinction certification at this time. C. Director Reports The Board members submitted their compensatory reports. Director Harris reported the City of San Carlos is bringing a bond measure to the voters to purchase the Black Mountain property. Director Harris stated she will be bringing a letter or resolution of support to the Board to consider at a future Board meeting. Director Riffle provided comments on the District’s recent Legislative Lunch. Director Riffle also reported he will be meeting with Committee for Green Foothills, Latino Outdoors, and District staff to discuss increasing diversity in decision making relating to outdoor education. Director Kishimoto reported that she and General Manager Steve Abbors presented to the Cupertino City Council regarding Measure AA. Ms. Kishimoto also attended a meeting regarding Stevens Creek related to restoring the fish flow in that creek. ADJOURNMENT President Siemens adjourned the regular meeting at 8:37 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 4 CLAIMS REPORT MEETING 15-22 DATE 08-26-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70123 11502 - HALF MOON BAY GRADING & PAVING INC.Driscoll Ranch roads sediment reduction & pond restoration project - LHC 08/21/2015 93,294.94 70106 11509 - ASHRON CONSTRUCTION Mt Um Interim Tower Repair: June 2015 - SAU 08/21/2015 51,603.05 70110 *10845 - CITY OF MOUNTAIN VIEW-FINANCE Dispatch Services April - June 2015 08/21/2015 37,848.75 70161 11369 - BANK OF THE WEST COMMERCIAL CARD USA $405.49 Supplies - SFO 08/20/2015 32,460.52 $3,679.51 Conference Registrations (3), Conf. Travel, Meeting Food $220.37 Field supplies for Natural Resource staff $384.30 Visitor Counting Project, Office Supplies, Training Materials $1,490.30 Commuter Check Program, Training, Recruiting Advertisement $1,566.60 MATERIALS, SUPPLIES & SERVICES-SFO $589.50 AO Kitchen Supplies, Board Meeting Supplies $417.30 Internet Services $888.12 Office Supplies, Printing Services, Meeting Food $170.24 Keys for Alpine House / IRWA training expenses $55.99 Water Treatment Supplies-SFO $119.26 Volunteer Supplies, Car Wash $681.65 Name Badges, office supply, newspaper, event booth, merch sample $145.19 Keys and bid solicitation advertisements (El Sereno House Repairs) $2,809.09 Plotter repair, ESRI Conference and Travel expenses $109.58 WASP INSECTICIDE $6,817.47 AO3 EQUIPMENT/NET SWITCHES/FFO CONF RM EQUIP/INTERNET $166.08 ADA Awareness Training Facility Rental, EBay Parks Meeting $6,483.82 Newpaper Classifieds, Uniform/Office Supplies, Truck Tool Box $1,219.00 Advertisements and stock images $441.00 Paid user testing of refreshed District Website $89.95 Government Reference Guide $231.27 Field Supplies $1,745.92 Building Materials, Firefighting Supplies, Waste Disposal Fee $853.05 Recruitment posting, CalPERS conference, office supplies $218.64 Field Supplies $16.80 Emergency water supply for ranger vehicle - SFO $97.41 CJPIA Annual Mtg 7-15-15 Cypress CA travel expenses $30.00 Wireless Internet for GM tablet $15.20 Two plastic bins for office supplies $134.96 Office, Nature Center, and Docent Program supplies ($30.00) Building Deposit Refund/ Reg. Fees/ Notary Class $197.46 AO3 office supplies 70111 11537 - CLIENTFIRST TECHNOLOGY CONSULTING IST Strategic Plan 08/21/2015 19,090.86 70077 10058 - LIEBERT CASSIDY WHITMORE HR Dept Legal Consulting 08/12/2015 17,816.04 70115 10540 - CRAFTSMEN PRINTING Printing of Windy Hill Brochures/Skyline maps/EcDM Brochures/postage fall nswletr 08/21/2015 16,308.76 70127 10452 - IFLAND SURVEY Mt. Umunhum record of survey & mapping- SA 08/21/2015 14,140.00 70099 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 08/12/2015 11,118.17 70125 10223 - HEXAGON TRANSPORTATION CONSULTANTS, INC Bear Creek Parking Lot Access Traffic Analysis - BCR 08/21/2015 10,041.83 page 2 of 4 CLAIMS REPORT MEETING 15-22 DATE 08-26-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70066 11354 - ENVIRONMENTAL SCIENCE ASSOCIATES Stevens Creek Bridge Replacement Project - MB / Vehicle Removal - LR 08/12/2015 9,335.43 70140 10461 - NORTHGATE ENVIRONMENTAL MGMT Environmental Consulting - Mt Um Catchment Basin - SAU 08/21/2015 8,425.22 70157 10112 - TIMOTHY C. BEST Engineering oversight for Driscoll Ranch roads 08/21/2015 7,312.50 70126 10043 - HOWARD ROME MARTIN & RIDLEY LLP Legal services for Mahronich vs Presentation Center - BCR 08/21/2015 4,657.70 MROSD vs. Arcadis Legal Consulting - ECdM 70153 10104 - STANFORD UNIVERSITY MROSD Upland Cultural and Historic Landscape Pilot Project 08/21/2015 4,500.00 70103 11396 - AGCO HAY LLC Maintenance services at the Event Center - LHC 08/21/2015 4,495.00 70093 10196 - SHELTERBELT BUILDERS INC Pest control advisor services 08/12/2015 4,426.25 70131 10058 - LIEBERT CASSIDY WHITMORE Employment Relations Consortium Membership - HR Dept 08/21/2015 4,360.50 70055 11268 - SANTA CLARA COUNTY PLANNING OFFICE Permit application for El Sereno House foundation repair - ES 08/10/2015 4,204.80 70156 10307 - THE SIGN SHOP Sign Frames 08/21/2015 3,942.19 70101 *11118 - WEX BANK Fuel for District vehicles 08/12/2015 3,555.29 70083 10925 - PAPE` MACHINERY Tractor Modification to Hydraulics 08/12/2015 3,296.47 70084 11519 - PRICE, POSTEL & PARMA LLP Mt.Umunhum Road access and trail property rights 08/12/2015 2,990.00 70162 10585 - SOL'S MOBILE AUTO & TRUCK REPAIR, INC.M02/WT02/M26/T07/M29/M207/T37/M17/M15/M22 BIT Inspection & Repairs 08/20/2015 2,965.82 70074 10123 - HOME DEPOT CREDIT SERVICES Field supplies / materials for water tank roof 08/12/2015 2,849.63 70114 11171 - COMMUNICATION ADVANTAGE Consultation Services for July 08/21/2015 2,662.50 70092 *10580 - SHARP BUSINESS SYSTEMS Photocopying/Duplicating (per copy charges per contract)08/12/2015 2,371.54 70116 10027 - CRESCO EQUIPMENT RENTALS ROADS & TRAILS RENTAL EQUIP-CM 08/21/2015 2,214.25 70109 11443 - CATERPILLAR FINANCIAL SERVICES CORPORATION Excavator Rental for Mt Umunhum Trail Construction 08/21/2015 2,006.58 70081 10076 - OFFICE TEAM GM Office Temporary Help 08/12/2015 1,912.00 70143 10076 - OFFICE TEAM GM Office Temporary Help 08/21/2015 1,912.00 70086 11282 - PROELIA DEFENSE AND ARREST TACTICS, LLC Defensive Tactics 7-2015 08/12/2015 1,749.96 70057 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease 08/12/2015 1,735.00 70152 10447 - SIMMS PLUMBING & WATER EQUIPMENT Install water meter for rental resid PCR/clear shower drain at rental resid SR 08/21/2015 1,613.59 70158 10146 - TIRES ON THE GO Replacement Tires M42/WT02/M15 08/21/2015 1,590.07 70069 10793 - FALL CREEK ENGINEERING Engineering water analysis at Driscoll Ranch - LHC 08/12/2015 1,280.00 70102 **10203 - WOODSIDE & PORTOLA PRIVATE PATROL Patrol services for Hawthorn property 08/12/2015 1,200.00 70072 10187 - GARDENLAND POWER EQUIPMENT Chainsaw Maintenance/Pole Pruner/Small Equip parts 08/12/2015 1,190.89 70094 10102 - SHUTE, MIHALY & WEINBERGER LLP Legal services for Riparian easement for POST property/Ravenswood trail SFPUC 08/12/2015 1,065.80 70067 11545 - ERIN ASHFORD PHOTOGRAPHY LLC Staff Recognition Event photography services 08/12/2015 1,000.00 70088 10195 - REDWOOD GENERAL TIRE CO INC Vehicle Maintenance & Repairs 08/12/2015 906.83 70135 10774 - MICHAEL DEMPSEY, PATRICK DEMPSEY ROADS & TRAILS-EcDM 08/21/2015 821.94 70159 10403 - UNITED SITE SERVICES INC Sanitation Services (FOOSP)08/21/2015 745.52 70128 10119 - KWIK KEY LOCK & SAFE CO INC AO2/AO3 KEY PAD ENTRY 08/21/2015 736.98 70068 11050 - F&S AUTO BODY INC Body damage repair - P75 08/12/2015 719.14 70062 10352 - CMK AUTOMOTIVE INC A91/P94 Repair 08/12/2015 684.85 70098 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services for HR Dept 08/12/2015 679.00 70160 11176 - ZORO TOOLS CIRCULATING FANS FOR SHOP-SFO 08/21/2015 638.97 70121 10187 - GARDENLAND POWER EQUIPMENT Chainsaw/Carbide Chain Sharpening (SA-MT-UM)08/21/2015 630.60 70104 10652 - ARB/PERP Permit to operate chipper T38 08/21/2015 620.00 70144 10479 - PACIFIC AG RENTALS RENTAL TRACTOR DELIVERY FREIGHT-SFO 08/21/2015 616.00 page 3 of 4 CLAIMS REPORT MEETING 15-22 DATE 08-26-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70147 *10589 - RECOLOGY SOUTH BAY Recycling Service (RSACP)08/21/2015 565.92 70118 10038 - ERGO VERA Employee Ergonomic Evaluation 08/21/2015 561.00 70149 *10136 - SAN JOSE WATER COMPANY Water service for rental residence - ES/RSACP 08/21/2015 529.59 70137 11536 - MTECH AO HVAC Repairs 08/21/2015 514.79 70079 10512 - MARK THOMAS & COMPANY INC POST (Vida Verde) Riparian Easement legal descriptions - LHC 08/12/2015 505.00 70060 10170 - CASCADE FIRE EQUIPMENT COMPANY Uniforms 08/12/2015 503.58 70075 11041 - INTERSTATE ALL BATTERY CENTER - SILICON VALLEY Radio batteries 08/12/2015 489.27 70108 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)08/21/2015 478.16 70154 10107 - SUNNYVALE FORD P94 Part/Vehicle Maintenance 08/21/2015 474.60 70155 10706 - THE MERCURY NEWS Legal advertisement for Silva structure improvements Request for Bids - RR 08/21/2015 400.90 Legal advertisement for El Sereno foundation repairs Request for Bids - ES 70078 10189 - LIFE ASSIST First Aid Supplies 08/12/2015 400.09 70105 10010 - ARRANGED4COMFORT Ergonomic Keyboard, Mouse and Supplies 08/21/2015 383.45 70150 11059 - SAN MATEO COUNTY HEALTH DEPT Tick Testing and Water Testing District-wide 08/21/2015 370.00 70130 11326 - LEXISNEXIS MATTHEW BENDER Online subscription service July 2015 08/21/2015 366.68 70124 10423 - HARRINGTON INDUSTRIAL PLASTICS WATER FILTERS 08/21/2015 344.75 70129 11392 - LENNIHAN LAW Moody Gulch discussion and document review - BCR 08/21/2015 338.14 70139 10073 - NORMAL DATA Timecard Database Work 08/21/2015 300.00 70141 11546 - O'BRIEN, LIAM Honorarium for Training class at Butterflies event on 8/29 08/21/2015 300.00 70117 10171 - CUPERTINO BIKE SHOP Patrol Bike Parts 08/21/2015 254.29 70100 11190 - VALLEY TREE CARE Tree Work (RSA)08/12/2015 250.00 70112 10352 - CMK AUTOMOTIVE INC P50/M202/A95 Service 08/21/2015 248.86 70080 11270 - MUNICIPAL MAINTENANCE EQUIPMENT, INC.Mower Part 08/12/2015 240.26 70095 10199 - TARGET SPECIALTY PRODUCTS Wasp Freeze 08/12/2015 232.84 70136 10191 - MOUNTAIN VIEW GARDEN CENTER Sand 08/21/2015 231.09 70148 10151 - SAFETY KLEEN SYSTEMS INC Parts Washer Service (FFO)08/21/2015 216.41 70132 11154 - LOS ALTOS POLICE FALSE ALARM REDUCTION PROGRAM AO FALSE ALARM FEE 08/21/2015 215.00 70089 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)08/12/2015 211.98 70097 10403 - UNITED SITE SERVICES INC Portable Restrooms for Mindego Demolition - RR 08/12/2015 206.83 70107 10274 - BAY AREA AIR QUALITY MANAGEMENT Annual permit fee 08/21/2015 194.00 70090 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT ADDRESS NUMBERS: PARKING LOT-PC & RR 08/12/2015 192.00 70133 10260 - LUND PEARSON MCLAUGHLIN AO FIRE SPRINKLER SYSTEMS 08/21/2015 180.00 70091 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Background Checks 08/12/2015 160.00 70120 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)08/21/2015 151.61 70151 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT NEW ADDRESSES ASSIGNMENTS-SR 08/21/2015 147.00 70096 10201 - TURF & INDUSTRIAL EQUIP CO Equipment Supplies 08/12/2015 144.42 70073 10267 - HALF MOON BAY REVIEW Legal advertisement for Silva bid package - RR 08/12/2015 140.00 70146 10925 - PAPE` MACHINERY VEHICLE MAINTENANCE & REPAIR-SFO RENTAL 08/21/2015 131.72 70113 *11530 - COASTSIDE.NET INTERNET SERVICES-SFO 08/21/2015 109.00 70134 10190 - METROMOBILE COMMUNICATIONS Radio supplies 08/21/2015 107.66 70138 11270 - MUNICIPAL MAINTENANCE EQUIPMENT, INC.Tractor/Mower Parts 08/21/2015 105.15 70064 10540 - CRAFTSMEN PRINTING printing of business cards: Foster/Adlao 08/12/2015 97.88 page 4 of 4 CLAIMS REPORT MEETING 15-22 DATE 08-26-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70145 10080 - PALO ALTO MEDICAL FOUNDATION Medical Services for HR Dept 08/21/2015 90.00 70058 10010 - ARRANGED4COMFORT Ergonomic Keyboard 08/12/2015 86.95 70061 10014 - CCOI GATE & FENCE Gate Repair (SAO)08/12/2015 85.00 70082 10481 - PACIFIC TELEMANAGEMENT SERVICE MONTHLY PAY PHONE-MB 08/12/2015 78.00 70087 10261 - PROTECTION ONE AO FIRE INPSECTION MONITORING 08/12/2015 70.18 70122 10317 - GEMPLER'S INC BOOT BRUSH SET 08/21/2015 68.52 70119 10174 - FORESTRY SUPPLIERS INC Safety Supplies 08/21/2015 59.49 70063 11180 - COPY FACTORY printing of signboard displays for BART cruz 08/12/2015 48.72 70085 10265 - PRIORITY 1 Repair spotlight 08/12/2015 46.79 70076 10051 - JIM DAVIS AUTOMOTIVE Smog check 08/12/2015 45.00 70065 11210 - DATA SAFE AO SHREDDING SERVICE 08/12/2015 40.00 70056 10240 - ACE FIRE EQUIPMENT & SERVICE INC O2 Tank Maintenance 08/12/2015 35.00 70071 10169 - FOSTER BROTHERS SECURITY SYSTEMS Key replacement 08/12/2015 32.63 70142 10670 - O'REILLY AUTO PARTS VEHICLE MAINTENANCE & REPAIRS-SFO 08/21/2015 18.12 70070 11151 - FASTENAL COMPANY Hardware 08/12/2015 13.09 421,155.14 BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office 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 PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill R-15-111 Meeting 15-22 August 26, 2015 AGENDA ITEM 3 AGENDA ITEM Contract Award for Habitability/Safety Improvements and Rodent Abatement at the Tenant Residence at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with Belz Construction, Inc., of Orangevale, CA, for a not-to-exceed amount of $176,000, which includes the base bid amount of $153,000 and a 15% contingency amount of $23,000, to complete habitability/safety improvements and rodent abatement at the tenant residence located at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve. SUMMARY A Request for Bids for habitability/safety improvements and rodent abatement at a tenant residence located at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve was issued on July 17, 2015. One Bid Proposal was received and opened on Tuesday, August 4, 2015. The General Manager recommends awarding the contract to Belz Construction, Inc., for a total not-to-exceed amount of $176,000. The base bid proposal received of $153,000 was closely on par with the project cost estimate of $150,000. The abatement and habitability improvements are necessary to begin renting out the tenant residence. The Fiscal Year 2015-16 Budget includes sufficient funds for this contract work. DISCUSSION Background A property located at 5755 Alpine Road, La Honda (see Exhibit A) was purchased by Midpeninsula Regional Open Space District (District) in 2011 and made as an addition to the Russian Ridge Open Space Preserve. The 3,200 square foot, two bedroom and two bath residence was built in 1976. The house has not been consistently inhabited since 2010. The following habitability improvements are required before the residence can be rented and occupied: 1. Replace flat sections of the roof. 2. Improvements to the Master Bathroom. A sunken bathtub located in the Master Bedroom is a safety hazard and removal will require the bathroom be reconfigured to include a separate shower and bathtub. 3. Demolish the loft in the kitchen, which is currently not to code. 4. Replace the unsafe deck adjacent to the living and dining rooms. R-15-111 Page 2 5. Replace the handrails on all decks and stairs for safety reasons. 6. Replace three west facing external doors and repair associated water damage to the wall. 7. Upgrade lighting and electrical systems. 8. Abate rodents and cleanup as needed. Once these improvements have been completed by the end of 2015, this residence will be available for rent by a tenant. Contractor Selection A Request for Bids was issued on July 17, 2015 and sent to contractors, subcontractors, and consultants who had requested to be notified of the Project, as well as to five builders’ exchanges. Legal notices were posted in the San Mateo County Times and Half Moon Bay Review. An Invitation to Bid was also posted on the District website. A mandatory pre-bid meeting and site walk was held at the Project site on July 24, 2015 and was attended by three general contractors. Sealed bids were due on August 4, 2015. Only one bid was received, with the results as follows: Table 1: Remodel and Rodent Abatement (Base Bid) Bidder Location Total Bid Percent Difference from Project Estimate of $150,000 1. Belz Construction Inc. Orangevale, CA $153,000 +2% Bid Analysis Upon review of the bid proposals and the contractors' relevant experience and qualifications, the General Manager recommends awarding the contract to Belz Construction Inc., which is the lowest responsible and responsive bidder. Contingency Amount A 15% contingency amount is requested for this Project due to the potential for unforeseen conditions that could be encountered during execution of the work such as dry rot, additional electrical repairs, or wall repairs. FISCAL IMPACT The FY2015-16 budget includes $160,000 to fund the Project. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. However, the full Board did review and approve the FY2015-16 Action Plan and Budget, which lists this project as Priority 1 for the Real Property Department. R-15-111 Page 3 PUBLIC NOTICE Public notice was provided as required by the Brown Act. Also, adjoining property owners have been mailed a copy of the agenda for this public meeting. No additional notice is required. CEQA COMPLIANCE The habitability improvements for this residence are categorically exempt under Section 15301 (Minor alterations to existing structures) of the California Environmental Quality Act. NEXT STEPS If approved by the Board of Directors, the General Manager will enter into a contract with Belz Construction, Inc., to perform general construction services for the Project. Activation of the contract is subject to the contractor meeting all District requirements, including required insurance and bonding. The Project is scheduled to be completed by the middle of November 2015. Attachment: 1. Site Map 2. Structure Detail Map Responsible Department Head: Michael C. Williams, Real Property Manager Prepared by: Jean Chung, Real Property Agent I Contact person: Elaina Cuzick, Senior Real Property Agent Graphics prepared by: Jessica Missaghian, GIS Intern Lambert C r e e k Trail Butano View O l d P a g e M ill T rail I p i w a Trail IndianCr e e k Bella V i s taTrail A d o b e C r eek Trail M o nte Bello Road Steve n s C r e e k N atur e Trail C anyon Trail WhiteOakTrail Old MindegoTrail M i n d e g o Trail AncientOaksTrail A lderSpri n g T r a i l H a w k T r a i l C l o u d s RestTrail Meadow Tr ail V e h icle s ) ( C l o s e dto P ageMi l l Trail Trail SunnyJim T rail Ipiwa T rail Tr e e Farm Trai l FirKnollTrail Chestn u tTrail Franciscan Loop Trail Borel Hill Vista Point Skyline Blvd. Page Mill R d . AlpineRd . B a y A r e a RidgeTrail Mindego Hill RussianRidge SkylineRidge 1 2 0 0 2200 1000 2400 1800 8 0 0 1400 2000 1600 1600 2 2 0 0 2400 2400 2200 2400 1 4 0 0 2 0 0 0 2200 1800 1800 2 2 0 0 2200 1800 2000 2 2 0 0 2400 2 4 0 0 1400 2200 1400 2000 M indegoCreek Stevens Creek La m b ert C r e e k Midpeninsula RegionalOpen Space District August, 2015 Path: G:\Projects\Russian_Ridge\SilvaProperty\SilvaSiteMap_BoardPacket_Landscape_8.5x11.mxd Created By: jhawk 0 0.50.25MilesI (MROSD)MROSD Pr eser ves Private Property While the District strive s to use t he best availab le digit al data, this d at a d oes not repr esen t a leg al survey and is merely a graphic illust ration of geograph ic feat ures. Urban Area Trail Highway or Major Road ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Palo Alto Redwood City Area ofDetail Highli g ht ed Pr o per t y 5755 Alpine Rd £¤84 £¤1 £¤35 £¤280 £¤35 House Water Tanks Water Tanks Fire Hydrant Garage Russian Ridge OSP Skyline Ridge OSP Source: Esri, DigitalGlobe, GeoEye, Ear thstar Geographics, CN ES/Airbus DS, USDA, USGS, AEX,Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Midpeninsula RegionalOpen Space District August, 2015 Path: G:\Projects\Russian_Ridge\SilvaProperty\SilvaSiteMap_BoardPacket_Landscape_8.5x11_detail.mxd Created By: jhawk 0 0.10.05MilesI (MROSD) While the District strive s to use t he best availab le digit al data, this d at a d oes not repr esen t a leg al survey and is merely a graphic illust ration of geograph ic feat ures. ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Palo Alto Redwood City Area ofDetail Highli g ht ed Pr o per t y £¤84 £¤1 £¤35 £¤280 Alpine R o a d R-15-122 Meeting 15-22 August 26, 2015 AGENDA ITEM 4 AGENDA ITEM Amendment to the Information Systems and Technology Strategic Plan Contract GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend an existing contract with ClientFirst Technology Group to increase the contract amount by $17,050 for a new total not-to-exceed amount of $78,522, to authorize the completion of switch upgrades and migration of group calendars from Exchange 2003 to Exchange 2010. SUMMARY The Board of Directors (Board) approved a contract with ClientFirst Consulting Group (Consultant) to develop an Information Systems and Technology Strategic Plan at its regular meeting on June 24, 2015 (R-15-86). The consultant has completed an assessment of the District’s information systems and technology infrastructure and recommends the District begin immediate implementation of several critical initiatives to address network performance, reliability, and security. The District lacks the technical expertise for two of the most critical initiatives and requested proposals from the consultant to assist with implementation of Network Switch Upgrades and Exchange 2003 Clean Up. These additional services total $17,050 and would be funded either through savings in other operating projects or the addition of funds at the Fiscal Year 2015-16 (FY2015-16) Midyear. DISCUSSION On June 24, 2015, the Board approved a contract with ClientFirst to develop an Information Systems and Technology Strategic Plan (ISTSP) to identify specific actions to address the District’s short and long term information systems and technology (IST) needs. The consultant was onsite July 6 and 7 to conduct an IST Infrastructure Review during which they assessed the District’s network hardware, topology, and security and the following week, they conducted departmental workshops to assess the current and future uses of technology, primarily via software applications. On July 30, the consultant presented their Technical Initiatives recommendations to District staff. In general, the consultant found that the District’s IST has been significantly underfunded for many years and recommended the District immediately begin implementing several of the most critical initiatives to address network performance, reliability, and security. A few of these are in process or have been completed by District staff, however, two of the initiatives are beyond the technical expertise of District IT staff and, at the request of the District, the consultant prepared a proposal to assist with implementation of these two initiatives. R-15-122 Page 2 The first initiative, Network Switch Upgrades, would reconfigure the District’s data network consistent with Best Practices, which would provide a solid foundation for the other technical initiatives as well as the applications initiatives. The cost of this proposal, based on a worst-case scenario would not exceed $9,875 and would likely be lower. The second initiative, Exchange 2003 Clean Up, would move District Group Calendars from Exchange 2003 to Exchange 2010 and enable significantly improved functionality throughout the organization. The cost of this proposal, also based on a worst-case scenario, would not exceed $7,175. The General Manager recommends increasing the existing contract with ClientFirst by $17,050 from $61,472 to a not-to-exceed new total amount of $78,522 to begin implementation of critical IST infrastructure initiatives. FISCAL IMPACT The revised cost of the IST Strategic Plan, including contingency, totals $78,522. The FY2015- 16 Budget includes $50,000 for the IST Strategic Plan. The remaining $28,522 will be covered by either cost savings in other projects or through a requested budget increase as part of the FY2015-16 Midyear Report. Staff will determine which approach will be needed later in the fiscal year, as projects continue to move forward to determine if budget savings are available. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. However, the recommendation to proceed with an ISTSP was reviewed by the full Board as part of the FOSM report. 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 Upon Board authorization, the General Manager will amend the contract with ClientFirst for consulting services to authorize the completion of switch upgrades and migration of group calendars from Exchange 2003 to Exchange 2010. Responsible Department Head: Ana Ruiz, Assistant General Manager Prepared by: Kate Drayson, Administrative Services Manager R-15-123 Meeting 15-22 August 26, 2015 AGENDA ITEM 5 AGENDA ITEM Approval of Temporary Information Technology Staffing GENERAL MANAGER’S RECOMMENDATION Authorize temporary staffing from Robert Half Technology for a not-to-exceed amount of $70,000 to provide Information Technology support. SUMMARY From September 1 through December 4, 2015, the District’s Information Technology (IT) Administrator will participate in a Management Talent Exchange Program (MTEP) at the City of South San Francisco and will be unavailable to support the District during this time. The District is participating in the MTEP program to provide District employees with stretch opportunities to grow their skills sets and expand their understanding of public sector best practices, which in turn benefits the District in the long-term as these employees bring their new found skills and insights to the District to improve our capacity and processes when they return from these temporary assignments. In order to continue to provide adequate IT services and continuity, the General Manager recommends that the Board authorize up to $70,000 to hire a temporary IT Systems Administrator to cover this time. Funding for this unbudgeted cost will be covered by vacancy savings in the Administrative Services Department. DISCUSSION Since 2004, the City Managers Associations of Santa Clara and San Mateo Counties have sponsored a biennial Management Talent Exchange Program for small and medium size local governments. The Program provides an opportunity for agencies to exchange employees with the goal of preparing the next generation of senior managers in public agencies. Participants spend three months, from September 1 to December 4, 2015, at another agency during which time they develop new experiences, competencies, and relationships. This highly-valued experience provides an opportunity for employees to gain essential skills for maximum career potential. The District is participating in the MTEP for the first time this year and will be receiving two participants, one from the City of San Jose and one from the City of Campbell, and, in exchange, will be sending the District’s IT Administrator to the City of South San Francisco Public Works Department. Anticipating the impact of the IT Administrator’s three-month absence, particularly during development of the Information Systems and Technology Strategic Plan, the General Manager approved an initial contract for a not-to-exceed amount of $25,000 to hire a temporary R-15-123 Page 2 Systems Administrator (SA) from Robert Half Technology in August at an hourly rate of $85.56. The SA spent the month of August training with the IT Administrator to learn the District’s network and applications and will be able to take over system administration in September, at which point, the cost will exceed the General Manager’s expenditure authority of $25,000. The General Manager recommends the Board approve additional funding for 19 weeks for the temporary SA at a total cost not-to-exceed $70,000 to provide ongoing IT services for the District through December. Simultaneously and as time allows, the temporary SA will also assist with the implementation of high-priority Information Systems and Technology Strategic Plan initiatives during this time period. FISCAL IMPACT The cost of the temporary Systems Administrator totals $70,000 and was not included in the FY2015-16 Adopted Budget. However, sufficient vacancy savings in the Administrative Services Department are available and will be used to offset this cost. BOARD COMMITTEE REVIEW This item was not previously reviewed by any Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Upon Board approval, the temporary Systems Administrator will continue to provide information systems and technology support to the District through December 2015. Responsible Department Head: Kate Drayson, Administrative Services Manager Prepared by: Kate Drayson, Administrative Services Manager R-15-114 Meeting No. 15-21 August 26, 2015 AGENDA ITEM 6 AGENDA ITEM Grazing Tenant Selection for Mindego Ranch GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a long term Grazing Lease with Bar DX Livestock (Ronnie and Bartley Seever) for the Mindego Hill Grazing Unit of Russian Ridge Open Space Preserve. SUMMARY Midpeninsula Regional Open Space District (District) released a Request for Proposal (RFP) on May 1, 2015 to solicit proposals from qualified livestock operators to graze the Mindego Hill Ranch property, located in the Russian Ridge Open Space Preserve. After completing a thorough review and evaluation of the proposals, and considering the District’s policies and goals regarding agricultural operations in the coastal area, staff determined Bar DX Livestock to be the most highly qualified applicant for the Mindego Hill Ranch grazing lease. Therefore, the General Manager is seeking Board authorization to execute a long term, 5-year grazing lease with this operator. DISCUSSION The District released a Request for Proposals (RFP) on May 1, 2015 to solicit proposals from qualified livestock operators to graze the Mindego Hill Ranch property, located in the Russian Ridge Open Space Preserve (see Attachment 1). A resource grazing plan, prepared by Sage and Associates, for the Mindego Hill Ranch property was approved by the Board of Directors as part of the Mindego Hill Ranch Property purchase in 2008 (see R-08-38). A brief description of the propert y and the District’s management objectives follows. Mindego Hill Ranch Property The Mindego Hill Ranch property was grazed continuously for several decades, most recently by the former owner, the True Family. In 2007 Peninsula Open Space Trust (POST) purchased the property from the True family and in 2008 the District purchased the property from POST. Upon the District’s acquisition in 2008, grazing ceased when the True family vacated the property, and the District began an intensive program to control expansive infestations of purple starthistle and distaff thistle, both of which are listed by the California Invasive Plant Council (Cal-IPC) as “High Risk” to native ecosystems. In addition to the invasive plant treatment, numerous natural resource studies have been implemented and the District applied for and received a Recovery Permit from the United States Fish and Wildlife Service (USFWS) and the California R-15-114 Page 2 Department of Fish and Wildlife (CDFW) for management actions to recover the population of San Francisco Garter Snake (SFGS) as well as other sensitive species, such as California red- legged frog (CRLF) located on the property. The Recovery Permit allows the District to operate and perform routine maintenance on the property while allowing for the incidental take of CRLF and SFGS, though a number of mitigating measures and best management practices are being implemented to minimize the potential risk for take. The Recovery Permit recognizes livestock grazing as an accepted method for managing upland grassland habitat for CRLF and SFGS around the multiple water bodies present on the property. In addition, the District made a commitment to the San Mateo County Farm Bureau (SMCFB) to reintroduce livestock grazing to this historically agricultural producing property prior to public opening of the Mindego Trail, tentatively scheduled for spring 2016. In order to fulfill commitments to USFWS, CDFW and SMCFB, the District plans to reintroduce livestock grazing to Mindego Hill as a resource management tool, with Bar DX Livestock as the grazing tenant and livestock operator. Reintroduction of livestock grazing is tentatively planned for November 1, 2015 and will be managed in accordance with the District’s Conservation Grazing Policy. The property will be managed according to the grazing plan prescriptions which call for year- round, rotational grazing. The property consists of 1,047 acres divided into three (3) separate pastures with a fourth pasture anticipated to be incorporated in FY2016-17. The suggested stocking rate is 480 Animal Unit Months annually (equivalent to 35-40 cow/calf pairs, on average, year round.). Selection Process There was significant interest in the property from grazing operators. A mandatory pre-bid site visit drew 9 prospective tenants. The District received 2 written proposals that were reviewed and rated by a scoring panel which included POST’s Director of Land Stewardship and District staff from the Natural Resources, Operations, and Real Property Departments. The panel recommended interviews with both applicants, consisting of both an initial interview at the District office and a second interview as part of a site visit to a property managed by the applicant. This second interview evaluated the applicant’s understanding and willingness to conduct their grazing activities in a manner that will enhance the natural resource values, promote maintenance and improvements to the property, and work with the District to achieve recreational and resource management goals. The selection process used a rigorous scoring system that assigned value to various goals and concerns outlined in the RFP, including applicants’ experience, capacity, history, and knowledge, with an emphasis on natural resource management issues. The table below presents the ranking of applicants based on their proposals, interviews and site inspections: Table 1: Ranking of Applicants Rank Applicant Location Total Score (1250 pts possible) 1 Bar DX Livestock (Ronnie & Bartley Seever) Castro Valley, CA 927 pts. 2 JK Land and Cattle (Josh Peixoto) Castro Valley, CA 499 pts. R-15-114 Page 3 The District’s Grazing Management Policy establishes the goal to: “Manage District land with livestock grazing that is protective of natural resources and that is compatible with public access; to maintain and enhance the diversity of native plant and animal communities, manage vegetation fuel for fire protection, help sustain the local agricultural economy, and preserve and foster appreciation for the region’s rural agricultural heritage.” Bar DX Livestock has demonstrated significant skills and experience managing similarly sized grazing leases. They have worked with multiple regulatory agencies on the management of mitigation lands where they have completed similar infrastructure projects, and have worked with private partners to manage a mitigation bank with sensitive species and habitats with cattle grazing. They have extensive experience managing cattle grazing in steep, remote terrain similar to conditions found at Mindego Hill. Bar DX Livestock has overseen grazing operations on a number of public lands owned by the East Bay Regional Park District including managing cattle around multiple facets of public recreation. FISCAL IMPACT The District lease rate for grazing properties is calculated by multiplying the number of Animal Unit Equivalents (AUE) grazing on the property by the total number of months grazed for the season/year to obtain the total Animal Unit Months (AUM). The AUMs utilized are then multiplied by the current AUM rate to determine the total lease fee for the year. The FY2015-16 fair market value AUM rate utilized by the District is $26.20 per AUM. The estimated initial lease rate for the Mindego Ranch is as follows: Ranch AUM AUM Rate (2015) Annual Lease Fee Mindego 480 $ 26.20 $ 12,576 BOARD COMMITTEE REVIEW The full Board of Directors approved the amendment to the Russian Ridge Open Space Preserve Use and Management Plan in January of 2014 (see Report R-14-21), which included the reintroduction of grazing to this property. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Additionally, persons on the interested parties for the District’s Coastal projects were also notified. CEQA COMPLIANCE The Mindego Use and Management Plan and associated CEQA review, which included grazing (infrastructure and operation), were approved by the Board on January 22, 2014 (see R-14-21). Regulatory agency consultation authorizing grazing as a recovery action for SFGS at Mindego Ranch was authorized by the USFWS in a Recovery Permit issued on July 22, 2014 and by the CDFW in a Memorandum of Understanding issued December 10, 2014. R-15-114 Page 4 NEXT STEPS Board adoption of this item will conclude the Request for Proposals process for the Mindego Hill grazing lease. The General Manager will proceed to negotiate and execute a long term grazing lease with Bar DX Livestock. Attachments: 1. Mindego Hill Regional Map 2. Mindego Hill Grazing Infrastructure and Pasture Map Responsible Department Head: Kirk Lenington, Natural Resources Manager Prepared by: Clayton Koopmann, Rangeland Ecologist Graphics prepared by: Michele Childs HorseshoeLake Quarry BorendaLake MindegoLake AlpinePond KnuedlerLake UpperLake BigSpring ReflectionLake 35 35 Mindego R an ch Alpine Road Russia n Ridge Open S pace Preser ve Skyline Rid ge Open Spa ce Pre serve Wind y Hill Op en Spa ce Pre serve La Ho nda CreekOpen S pace Preser ve Sa m M cDonaldCounty Park Stevens Cre ekCounty Pa rk Monte Be lloOpen Spa ce Pre serve Rancho S an A nton ioOpen Spa ce P rese rve Pa lo A ltoFoothills P ark 84 StevensCreek A d o b e C reek MindegoCreek L o s T r ancos C reek Hamms P e t e r s C r e e k H a l e C r e e k C o rte M a deraCreek A l p i n e Creek S w i s s Creek Rodger s G ulch LaHond a C reek W e e k s Creek L a n g l e y C r e e k W o o druf f C r e e k CoalCreek WestForkAdobe C r e e k Tarwater Creek Damiani Creek Perma n e n t e Creek Indian Cabin Creek Ra p l e y C re ek Mindego Creek PetersCreekAlpineCreek WoodruffCreek PetersCre e k L a H o n da C r e e k Midpenin s ul a Reg io na lOpen Space D is tr ict At t a ch m en t 2 : Pro je c t L o ca t i on April, 2015 Path: G:\Projects\Russian_Ridge\Mind egoHill\GrazingO perations\MindegoRanch_Boar dRepor t_Ar eaMap. mx d Created By: mchilds 0 21Miles (MROS D)Othe r Pr otect e d O pe n S p aceor Park La n ds MRO SD C on ser v ationor Ag ri cul tur al Ea s em e nt M RO SD Pr ese rv e s Pr ivate Pr op er ty Whi le th e Distr ic t strive s to use the b est av ailab le d igital d ata, th is d ata d oe s no t r ep r ese nt a legal sur ve y and is merel y a gra ph ic illu stratio n o f ge ograp hi c f eatu res. Water s h ed L a nd 280 Othe r P ub l ic Age nc y Land Tr ust Min de go Ra n ch Page M i l l Road La Hond a Mindeg o Creek Rodgers Gulch Midpeninsula RegionalOpen Space District April, 2015 Pa t h : G : \ P r o j e c t s \ R u s s i a n _ R i d g e \ M i n d e g o H i l l \ A t t 2 A M i n d e g o R a n c h G r a z i n g I n f r a s t r u c t u r e . m x d Cr e a t e d B y : m c h i l d s 0 0.50.25Miles (MROSD) While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features. Ru ssi an R id g e Ru ssi an R id g eOp e n S p ac e Op e n S p ac e P r e se r v e P r e se r v e Water Line Attachment 2 : Mindego Ranch Grazing Infrastructure MROSD Preserves Other or Private Land Mindego Ranch Property Corral Existing Fence MindegoLake BigSpring UpperPond KnuedlerLake Summer Pasture Winter Pasture Cuesta La Honda Point of Diversion Potential Future Grazing Expansion Area Trough Water Tank Spring M i nd e g o R a nc h MindegoHill Trail(Access Road) Corral R-15-124 Meeting 15-22 August 26, 2015 AGENDA ITEM 7 AGENDA ITEM Amend the District’s Classification and Compensation Plan GENERAL MANAGER’S RECOMMENDATION Adopt a resolution adding the following three new classifications to the District’s Classification and Compensation Plan: Chief Financial Officer/Administrative Services Director, Engineering and Construction Department Manager, and Information Systems and Technology Manager. SUMMARY The Board of the Directors (Board) approved new positions in the Fiscal Year (FY) 2015-16 budget on March 25, 2015. Most of the new positions were added to increase the delivery of key projects funded through the passage of Measure AA and are consistent with the recommendations of the Financial and Operational Sustainability Model (FOSM) Study. The FOSM study, which the Board accepted on May 27, 2015, recommended adding new priority positions to bring about important organizational structure changes as the District pursues effective and efficient implementation of Measure AA projects. The General Manager recommends approving new class specifications and compensation for the above three key positions. Although preparation for recruitment of these positions is underway, the class specifications and compensation are required to be approved by the Board before the recruitments can commence. DISCUSSION The Midpeninsula Regional Open Space District (District) annually adopts an Action Plan and Budget which details all the projects and key initiatives the District will pursue and dedicates related staff and financial resources. Recognizing an aggressive Measure AA projects-focused workload on top of continuing ongoing programs and services, and anticipating priority recommendations from the FOSM Study, the Board approved five new positions at FY2014-15 mid-year budget review and nine additional positions in the FY2015-16 budget. Several of these position recruitments have been completed (two Measure AA-focused Capital Project Managers, an Integrated Pest Management Coordinator, and an Open Space Technician), and others are underway. Based on key recommendations from the FOSM Study focused on beginning the organizational transformation to effectively and efficiently deliver Measure AA projects, The General Manager R-15-124 Page 2 recommends Board approval of classifications and compensation for the Chief Financial Officer/Administrative Services Director, Engineering and Construction Department Manager, and Information Systems and Technology Manager. The new classification of CFO/Administrative Services Manager (CFO) will strengthen the District’s administrative infrastructure and align Finance and Administrative Services under a higher level of executive oversight; the new Information Systems and Technology Manager will lead the charge to improve and centralize information systems and technology; and the new Engineering and Construction Manager will provide leadership over a new department that is critical to the overall success and completion of the multiple priority projects for the District. More details about each of these recommended classifications are provided below. Chief Financial Officer (CFO)/Director of Administrative Services The District’s finance management and systems have evolved and expanded with the implementation of the enterprise resource planning software (the Integrated Accounting and Financial System, IAFS) and other changes made in efforts to improve and steam line business processes. The District has also added more highly qualified and skilled finance staff and set up new financial systems and processes that are critical to the success of Measure AA implementation. The District has a need for higher level of expertise and management of the financial division and a full-time finance professional well-versed in public accounting best practices, technology and business operations. The (CFO)/Director of Administrative Services (CFO) is an executive level position which will be responsible for the realigned administrative services functions, with the ability to provide financial and administrative services experience and leadership. This new executive-level classification will oversee three divisions: Finance, Information Systems and Technology (IST) and Human Resources (HR). The position will report to the General Manager and will work closely with the Controller to direct and provide high level strategic financial analysis, forecasting, modeling, budget performance evaluations and improvement recommendations. The CFO will also direct strategic planning and implementation of information systems and technology, improve and streamline work processes and maximize business processes. This position will direct the coordination and tracking of human resources needs, employee development and training, work performance management and assist with labor relations and negotiations. This key position will strengthen the District’s capacity to accomplish new levels of complexity in financial activities and maintain stability during anticipated future growth and expansion of the District. Information Systems and Technology Manager This new position will provide greater leadership and strategic direction regarding information technology and systems needs, priorities and solutions, including a District-wide GIS function. The geographic information system (GIS), which is now housed in the Planning Department, will be integrated with the Information Technology Service group to create a new division, the Information Systems and Technology Division. In the past few years it has become more challenging for the existing IT Service group to provide the necessary support and deliverables to the District. The IT Service group consists of an IT Administrator, IT Technician and a part-time Intern position, which is currently vacant. Considering the anticipated growth of the District and ongoing changes in technology, the need for additional IT leadership and support staff is mission R-15-124 Page 3 critical. The Information Systems Technology Manager is a new position to directly oversee the expansion of this division and bring technology support and maintenance to an appropriate level. The position would ensure that new systems are well integrated and account for future needs, growth and expected advances in technology in a cost-effective manner. Engineering and Construction Department Manager Measure AA requires an increase in the number of projects involving engineering and construction services. The FOSM study recommended that the District increase the project management capacity with on-staff engineering capability to efficiently and effectively oversee and manage such projects. The study proposed the creation of a new Engineering and Construction Department with a new position of Engineering and Construction Manager to oversee the following project delivery functions: design, permitting and engineering, construction management and Measure AA project delivery oversight. In creating this position, the Board authorizes the Engineering and Construction Manager to review and approve proposed designs and plans for various construction projects on behalf of the District. This new department will report to the Assistant General Manager for Project Planning and Delivery. These three management positions are critical at this phase of the District’s development and essential to the successful implementation of organizational change and future growth. BOARD COMMITTEE REVIEW This report was not previously reviewed by a Committee. The Action Plan and Budget Committee reviewed the budget recommendations that included funding authorization for these classifications, and the full Board reviewed and approved the FOSM Study that recommended the organizational need for these classifications. FISCAL IMPACT The recommended range and compensation for the Chief Financial Officer (CFO)/Administrative Services Director based on recent market data is range 59, with an annual salary of $143,592 to $179,328. The range and salary for this executive level CFO, who reports directly to the General Manager and oversees three important Divisions within the organization, is the same as the District’s Assistant General Managers. The recommended range and compensation for the Information Systems and Technology (IST) Manager classification is range 48 with an annual salary of $109,764 to $137,076. This range is 7.62% below the District department managers. The recommended range and compensation for the Engineering and Construction Department Manager classification is range 51 with an annual salary of $118,128 to $147,528, which is the range for District department managers. The resulting cost of these new classifications has been budgeted as part of the annual budget starting in FY2015-16. If approved, the classification would be in effect as of August 26, 2015. R-15-124 Page 4 PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEP If approved the new classifications would take effect August 26, 2015. Job announcements for the recruitment of these positions will be released as soon as possible, with anticipated filling of the positions in late 2015 or early 2016. Attachments: 1. Resolution amending the classification & compensation plan Responsible Manager: Kevin Woodhouse, Assistant General Manager Prepared by: Candice Basnight, Human Resources Supervisor Attachment 1 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mgr 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CLASSIFICATION & COMPENSATION PLAN BY ADDING NEW CLASSIFICATIONS SPECIFICATIONS WHEREAS, the General Manager has proposed an amendment to the Midpeninsula Regional Open Space District Classification and Compensation Plan to add the new job classifications of Chief Financial Officer/Director of Administrative Services, Information Systems and Technology Manager, and Engineering and Construction Department Manager, and to add the classification specifications and salary ranges therefore; and WHEREAS, the Board of Directors having considered such proposals and recommendations; NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The Classification and Compensation Plan of the Midpeninsula Regional Open Space District shall be amended by adding the new job classification titles of Chief Financial Officer/Director of Administrative Services, Information Systems and Technology Manager, and Engineering and Construction Department Manager and by adding the classifications specifications and salary range to read as set forth in the attached exhibits hereto. 2. Except as herein modified, the Classification and Compensation Plan, Resolution No. 15-18 as amended, shall remain in full force and effect. 3. This resolution shall be effective August 26, 2015. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, 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 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mgr 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Exhibit A Midpeninsula Regional Open Space District Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_A CHIEF FINANCIAL OFFICER/DIRECTOR OF ADMINISTRATIVE SERVICES DEFINITION Under administrative and policy direction, this position provides senior leadership to program managers with overall responsibility for Finance and Budget, Information Systems and Technology, and Human Resources. Represents the District with external governmental agencies and elected officials. Serves as a key member of the District’s executive leadership team with significant involvement in overall District planning and management and financial leadership for the organization. SUPERVISION RECEIVED AND EXERCISED Receives direction from the General Manager. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines. Exercises general direction and supervision over supervisory, professional, technical, and administrative support staff through subordinate levels of management and supervision. CLASS CHARACTERISTICS This at will, executive management classification serves at the pleasure of the General Manager and oversees, directs, and participates in all administrative services activities, including short- and long-term planning, development, and administration of policies, procedures, and services. This position oversees the financial management of the District and provides assistance to the General Manager in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public finance and policy; District functions and activities, including the role of the Board of Directors; and the ability to develop, oversee, and implement projects and programs in a variety of assigned areas, including management of the District’s finance, human resources and information systems and technology. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives and for furthering the District’s mission, goals, and objectives within general policy guidelines. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Serves as an executive-level manager, directly supervising program managers who exercise specialized responsibilities for: finance, human resources, and information systems and technology.  Oversees all District financial activities, ensuring the development and administration of appropriate accounting policies, financial planning, financial forecasting and reporting systems.  Performs and assists other departments in performing project cost estimating and cost accounting.  Oversees all District human resources activities; may serve as labor negotiator for the District and may assist in resolving employee relations issues.  Oversees District-wide Information Systems, including GIS  Oversees the development, support and maintenance of the District’s information technology, multi- media and telecommunications systems.  Assumes overall responsibility for managing the District’s Operating and Capital Improvement Budgets and develops, justifies and defends proposed budget submissions. CFO/Director of Administrative Services Page 2 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_A  Oversees activities in preparation for the annual District financial audit and other specialized audits.  Undertakes Bond Management activities, including serving in the capacity of Disclosure Coordinator, pursuant to District Policy 3.06 Chapter 3 – Fiscal Management -- Initial and Continuing Disclosures Relating to Bond Issuances.  Oversees the preparation and presentation of cost accountability reports for the Bond Oversight Committee, Board of Directors, and other public  Develops and directs the implementation of goals, objectives, policies, procedures and work standards for the department and District-wide; monitors changes in laws, regulations and technology; implements policy and procedural changes as required.  Conducts a variety of departmental, organizational and operational studies and investigations; recommends strategies and options to the General Manager.  Prepares Requests for Proposals and Requests for Qualifications for a variety of projects and negotiates and administers contracts.  Assists in resolving inter-departmental problems and coordinates with other department heads on inter-departmental problems and issues.  Provides highly responsible and complex staff assistance to the General Manager and Board of Directors and works closely with the Assistant General Manager(s)  Works closely with the Public Affairs Department on the development and dissemination of public information related to the District’s use of and accountability for Bond funds.  May chair or serve on key management work groups that provide critical input to the General Manager and/or Board of Directors on long-term operational and financial plans and strategies;  Provides technical expertise on assigned functional areas and assigned special projects. QUALIFICATIONS Knowledge of:  Principles and practices of special district finance, including investment, treasury, bond management, governmental accounting, auditing and reporting functions, budget development, administration and accountability.  Administrative principles and practices, including goal setting, program development, implementation, and evaluation.  Public agency annual work plan and budget development, contract administration, District-wide administrative practices, and general principles of risk management related to the functions of the assigned area.  Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of special district administration.  Principles and practices of employee supervision, including work planning, assignment, coaching, mentoring, review and evaluation, and discipline.  Principles and practices of human resources management in a special district setting including recruitment and selection, job analysis, classification, compensation and benefit analysis, employee and labor relations and labor negotiations.  Principles, practices, and procedures related to public agency record keeping.  Applicable local, state, and federal laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.  Methods and techniques for the development of presentations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.  Modern office practices, methods, and computer equipment and applications related to the work.  English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the District in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative CFO/Director of Administrative Services Page 3 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_A organizations.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and District staff. Ability to:  Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for assigned program areas.  Provide strategic and professional leadership and direction for assigned programs.  Prepare and administer large and complex annual work plans and budgets; perform bond issuance and maintenance tasks; allocate limited resources in a cost effective manner.  Interpret, apply, explain, and ensure compliance with applicable federal, state, and local laws, rules, regulations, policies, and procedures.  Plan, organize, direct, and coordinate the work of supervisory, professional, technical, and administrative support personnel; delegate authority and responsibility.  Select, train, motivate, coach, mentor and evaluate the work of staff and train staff in work procedures.  Analyze and streamline existing procedures and research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Effectively administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of administrative services programs.  Conduct effective negotiations and effectively represent the District and assigned programs in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.  Establish and maintain a variety of filing, record keeping, and tracking systems.  Operate modern office equipment including computer equipment and specialized software applications programs.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.  Communicate effectively in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to a Bachelor’s degree from an accredited college or university with major coursework in public administration, business administration, finance, accounting, economics, information technology, human resources or a closely related field and five (5) years of experience at the department director level. A master’s degree and public sector experience are desirable. Licenses and Certifications:  Possession of a valid California Driver’s License. CFO/Director of Administrative Services Page 4 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_A PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle, and to visit various District and meeting sites. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: August 2015 REVISED: FLSA: Exempt Exhibit B Midpeninsula Regional Open Space District Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_B INFORMATION SYSTEMS AND TECHNOLOGY MANAGER DEFINITION Under general direction, plans, directs, coordinates, participates and supervises District-wide information systems and technology operations. Coordinates and addresses the information systems and technology needs of other District departments. Drives innovation, performs system analysis, and oversees the maintenance of technology tools for the District. SUPERVISION RECEIVED AND EXERCISED Receives administrative direction from the Chief Financial Officer/Director of Administrative Services. The work provides for a wide variety of independent decision-making, within legal and general policy and regulatory guidelines. Exercises direction and supervision over technical staff. CLASS CHARACTERISTICS This is a Division Manager classification that oversees, directs, and participates in all activities of the Information Systems and Technology (IST) Division, including short- and long-term IST strategic planning, project and budget management, contract negotiations and management. This class provides assistance to staff across all departments. Successful performance of the work requires significant knowledge of a broad range of technology and information systems, and the ability to develop, oversee, and implement projects and programs across all departments. Responsibilities include the oversight of day to day operations of information technology systems which include, but are not limited to, operating systems software for PC environments, network management, GIS, internet and intranet applications, multi-media and telecommunications. The incumbent will act as the District's primary professional/technical expert in the areas of assignment. The incumbent is accountable for accomplishing division planning and operational goals and objectives and for furthering the District’s mission, goals, and objectives within general policy guidelines. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Assigns, schedules, and supervises the work of the Information Systems and Technology Division including but not limited to financial management, work order and project management, network management, PC applications, programming, website, document management, human resource, payroll, and geographical information systems and multi-media communications.  Implements and updates an information systems and technology strategic plan.  Confers and builds consensus with other departmental representatives to determine system functions, procedures, desired results and problem definitions.  Manages information technology infrastructure, architecture, systems, networks, software and resources across multiple departments and platforms.  Oversees the development of standards, procedures and practices.  Performs administrative duties including budget preparation, employee selection, training and evaluation. Information Systems and Technology Manager Page 2 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_B  Develops work performance standards, analyzes workload needs and prepares preliminary budget expenditure and staff allocations.  Provides for training and development of self, Division staff and other District staff.  Maintains accurate and up-to-date database system documentation and operating procedures.  Evaluates the effectiveness of existing services and operations.  Responsible for the performance, safety and security of the organization's information systems and technology, including establishment of data standards and security procedures for both software and physical protection.  Analyzes, evaluates and selects vendor-supplied software and hardware products; recommends and coordinates acquisitions, installations and use.  Prepares and administers requests for proposals and bids and negotiates contracts.  Selects and monitors contractor and consultant performance.  Makes recommendations to management about technology solutions.  Coordinates the work of the division with that of other departments.  Implements business continuity and disaster recovery plans  Ensures employee compliance with applicable of safety rules and regulations. QUALIFICATIONS Knowledge of:  Personnel management, supervision and training.  Public agency budget preparation and contract negotiations and administration.  Systems analysis principles and techniques.  Project planning and management.  Information Technology Systems security.  District policies and procedures.  Techniques for providing a high level of customer service by effectively dealing with vendors, contractors, and District staff.  Local and wide area networking technology and design concepts.  Principles, practices and procedures for managing multiple platforms and operating system environments.  Functions, operations, and capabilities of computers and related information systems and data entry equipment.  Functions, operations and capability of multi-media and telecommunications systems. Ability to:  Design and implement new systems and procedures for information technology applications.  Research and prepare implementation plans to apply new technology.  Direct and coordinate information technology activities.  Supervise, select and train employees.  Effectively administer special projects with contractual agreements and ensure compliance with stipulations.  Effectively administer a variety of operations, programs and administrative activities.  Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.  Trouble shoot problems and identify feasible, cost effective solutions for their resolution.  Prioritize and manage a variety of projects and multiple tasks in an effective and timely manner; organize own work and meet critical time deadlines. Information Systems and Technology Manager Page 3 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_B  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from an accredited four-year college or university with major coursework in computer science, information systems, business administration, public administration, mathematics, or a related field and five (5) years of increasingly responsible information systems and technology programming, computer operations, networking, or related experience including three years’ responsibility in a supervisory capacity. Licenses and Certifications:  Possession of a valid California Driver’s License. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to operate a motor vehicle, and to visit various District and meeting sites. This is primarily a sedentary office classification although standing in and walking between work areas may be required. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: AUGUST 2015 REVISED: FLSA: Exempt Exhibit C Midpeninsula Regional Open Space District Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_C ENGINEERING AND CONSTRUCTION DEPARTMENT MANAGER DEFINITION Under administrative and policy direction, plans, organizes, manages and oversees all functions and activities of the Engineering and Construction Department, including project design, management, and contract administration for the design, construction and modification of a variety of buildings, drainage, hardscape, and various other preserve infrastructure projects; reviews and approves proposed designs and plans for various construction projects on behalf of the District; coordinates assigned activities with and fosters cooperative working relationships among other District departments, officials, outside agencies, and the public; provides highly responsible and complex professional assistance to the General Manager’s Office in areas of expertise; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives administrative direction from the Assistant General Manager, Project Planning and Delivery and provides regular project updates to the General Manager. The work provides for a wide variety of discretion and considerable independent decision-making, within legal and general policy and regulatory guidelines. Exercises general direction and supervision over technical staff and ensures quality and timeliness of contractors’ work products. CLASS CHARACTERISTICS This at-will Department Manager classification serves at the pleasure of the General Manager and oversees, directs, and participates in all activities of the Engineering and Construction Department, including short- and long-term project prioritization, project and budget management, and permitting and contract negotiations. Successful performance of the work requires significant knowledge of a broad range of building and park infrastructure projects and the ability to adapt to and effectively work in a wide variety of terrain, including mountainous, rural, open space with varying site and natural resource conditions. The incumbent must have a strong working knowledge of CEQA and have the ability to work in sensitive habitats, ensuring positive public perception and species protection. The incumbent will act as the District's primary professional/technical expert in the areas of assignment. The incumbent is accountable for accomplishing project planning and operational goals and objectives for the department, and for furthering the District’s mission, goals, and objectives within general policy guidelines. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.  Plans, organizes, assigns, manages and evaluates the activities of the Engineering and Construction Department.  Manages department personnel, consultant and contract resources.  Leads, directs, monitors and evaluates department staff and provides for their training and professional development.  Administers implementation of annual and multi-year Capital Improvement Plans; develops scope, budget, funding and schedule for each project. Engineering and Construction Department Manager Page 2 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_C  Oversees the preparation of Requests for Proposals and Requests for Qualifications for consultants and contractors; negotiates final agreements.  Manages project budgets; negotiates and prepares change orders for construction projects.  Reviews and checks road, sewer, water system, landscape, trail, irrigation and building plans and soils reports; assures compliance with conditions of approval, mitigating and monitoring, and District standards.  Clarifies roles and responsibilities of department staff in meeting goals and facilitates goal setting, scheduling and monitoring of projects.  Participates in the design, administration, construction and inspection of a wide range of significant and complex building and preserve infrastructure projects.  Reviews and approves technical reports, designs, and contract documents to assure adequacy, compliance with District standards, constructability, cost efficiency, and compatibility with the general character and site conditions of District-owned lands.  Coordinates design work with consultants and external agencies to assure an orderly design process and to obtain necessary approvals and permits from other agencies.  As needed, reviews daily inspection reports, soils and compaction reports, and other technical documents.  Prepares and administers the department's budget, including forecasting of funds needed for staffing, equipment, materials and supplies.  Prepares and/or directs preparation of analyses, reports and correspondence.  Advises the public about issues related to project design, schedule, environmental issues, cost and related issues; resolves sensitive and controversial issues.  Prepares and presents staff reports and other necessary communications.  Provides regular project updates to the General Manager. QUALIFICATIONS Knowledge of:  Engineering principles, practices and applications.  Principles and practices of project management.  Contemporary computer programs used for project design, scheduling, tracking, way-finding and geo-referencing, and other applications.  Principles and practices of program development and administration.  Principles and practices of contract administration and negotiation.  Operations, services, policies and procedures of the District.  Principles, methods and techniques of effective leadership and management.  Principles of business writing and report preparation.  Principles and practices of budget preparation and administration.  Principles of supervision, training and performance evaluation.  Pertinent federal, state and local laws, codes and regulations, including public contract and bidding requirements. Ability to:  Oversee and manage an engineering department and assigned staff.  Set priorities and exercise sound, independent judgment.  Work with internal and external customers to effectively accomplish the objectives of the department and the District.  Negotiate, prepare and administer complex agreements.  Select, supervise, train and evaluate staff.  Participate in the development and administration of department goals, objectives and procedures. Engineering and Construction Department Manager Page 3 of 4 Resolutions/2015/15-__Amend CCP_CFO, IST Mgr, Cons Dept Mg_EX_C  Effectively administer budget, personnel and administrative issues.  Prepare clear and concise administrative and financial reports.  Analyze problems, identify alternative solutions, anticipate consequences of proposed actions and implement recommendations in support of goals.  Research, analyze and evaluate new service delivery methods and techniques.  Interpret, explain and enforce District policies and procedures.  Interpret and apply federal, state and local policies, laws and regulations.  Communicate clearly and concisely, both orally and in writing.  Establish and maintain effective working relationships with those contacted in the course of work Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from an accredited four-year college or university with major coursework in civil or structural engineering, architecture, landscape architecture, construction management, business administration, or a related field and five (5) years of increasingly responsible experience, including three years’ responsibility in a managerial capacity. Licenses and Certifications:  Possession of a valid California Driver’s License.  A Professional License in Engineering, Architecture or Landscape Architecture in the State of California is desirable. PHYSICAL DEMANDS Must possess mobility to work in field and office settings and use standard office equipment, including a computer, to operate a motor vehicle, and to visit various District and meeting sites. This classification works in the office a significant amount of the time, but should also be able to stand and have mobility to walk and physically maneuver in a wide variety of terrains, including steep hills, uneven ground, narrow trails and on undeveloped land that may be covered by underbrush, trees, and other vegetation. ENVIRONMENTAL ELEMENTS Employees work in office and field environments with moderate to loud noise levels, controlled and uncontrolled temperature conditions, exposure to a variety of climate conditions and some possible direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: AUGUST 2015 REVISED: FLSA: Exempt Time Minimum Maximum Minimum Maximum Minimum Maximum Base Seasonal Open Space Technician 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Seasonal Ranger Aide 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Seasonal Ranger 24.179 30.190 4,191 5,233 50,292 62,796 Part-time Farm Maintenance Worker 26.019 32.492 4,510 5,632 54,120 67,584 Full-time Open Space Technician*26.019 32.492 4,510 5,632 54,120 67,584 Full-time Administrative Assistant 26.660 33.283 4,621 5,769 55,452 69,228 Full-time Accounting Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Human Resources Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Lead Open Space Technician*28.690 35.827 4,973 6,210 59,676 74,520 Full-time GIS Technician 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Volunteer Program Lead 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Risk Management Coordinator 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Senior Administrative Assistant 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Ranger 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Public Affairs Program Coordinator 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Information Technology Technician 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Senior Accounting Technician 30.854 38.533 5,348 6,679 64,176 80,148 Full-time Equipment Mechanic/Operator 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Lead Ranger 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Executive Assistant 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Real Property Specialist I 32.400 40.454 5,616 7,012 67,392 84,144 Full-time Resource Management Specialist I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Planner I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Docent Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Volunteer Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Planner II 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Management Analyst I 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Accountant 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Resource Management Specialist II 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Public Affairs Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Community Outreach Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Training and Safety Specialist 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Real Property Specialist II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Management Analyst II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time 31 31 33 33 33 35 35 35 31 25 25 26 27 27 27 28 29 29 30 30 25 6 19 19 20 22 22 23 23 23 24 24 6 16 Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2015/2016 - Effective 08/26/2015 Last revised: 7/22/2015, 7/01/2015, 2/12/2015, 1/19/2015, 7/01/2014 Classification Title Step Hourly Range $Monthly Range $Annual Range $ Range # Exhibit D Time Minimum Maximum Minimum Maximum Minimum Maximum BaseClassification Title Step Hourly Range $Monthly Range $Annual Range $ Range # Supervising Ranger 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Maintenance, Construction & Resource Supervisor 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Website Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Information Technology Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Planner III 42.381 52.921 7,346 9,173 88,152 110,076 Full-time GIS Administrator 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Real Property Specialist 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Accountant 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Senior Management Analyst 44.498 55.575 7,713 9,633 92,556 115,596 Full-time District Clerk 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Media Communications Supervisor 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Senior Resource Mgmt Specialist 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Area Superintendent 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Human Resources Supervisor 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Senior Planner 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Assistant General Counsel I 50.256 62.769 8,711 10,880 104,532 130,560 Full-time Assistant General Counsel II 52.771 65.902 9,147 11,423 109,764 137,076 Full-time Information Systems & Technology Manager 52.771 65.902 9,147 11,423 109,764 137,076 Full-time Administrative Services Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Engineering & Construction Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Natural Resources Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Operations Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Planning Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Public Affairs Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Real Property Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Assistant General Manager 69.035 86.215 11,966 14,944 143,592 179,328 Full-time Chief Financial Officer/Director of Administrative Services 69.035 86.215 11,966 14,944 143,592 179,328 Full-time * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Salary Monthly Salary Annual Salary Effective Date Last Revised General Manager $104.001 $18,027 $216,323 4/1/2014 2/12/2015 Controller - Part-time position $86.833 $15,051 $180,612 4/1/2015 8/12/2015 General Counsel $101.996 $17,679 $212,152 4/1/2015 8/12/2015 59 51 59 48 51 51 51 51 51 48 51 46 39 40 40 41 41 41 42 42 43 43 43 36 35 35 36 Exhibit D R-15-128 Meeting 15-20 August 26, 2015 AGENDA ITEM 8 AGENDA ITEM Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Manager BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2014-15, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Manager for Fiscal Year 2015-16: Adjust the General Manager’s base salary upward to $235,792, plus a one-time bonus of $10,816. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. DISCUSSION The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation process for its Appointees. The BAE Committee was instructed to serve as the District’s negotiator and met with the Board Appointees to discuss their performance and compensation. The Board has three appointees: the General Manager, the Controller, and the General Counsel. The Board, working through the BAE Committee, implemented this process and completed this year’s annual evaluation of the performance of the General Manager, during several meetings in June through August, 2015. The Board was very pleased with his performance during the last fiscal year and resulting success of District programs and projects carried out as part of his duties. The accomplishments for FY2014-15, upon which the evaluation was based, were described in detail in the Year-End Review of the FY2014-15 Action Plan. Further evaluation comments from the BAE Committee and the full Board were provided to and summarized in the attached resolution. Based on his performance evaluation in FY2014-15, the BAE Committee recommends providing the General Manager compensation noted above. Also working through the BAE, the Board negotiated new employment agreements with the three appointees, updating the compensation and benefit information, and making other changes to reflect the Board’s efforts to continue to strive for best practices in management of appointed employees. R-15-128 Page 2 BOARD COMMITTEE REVIEW The recommended performance review and salary adjustments were thoroughly reviewed by the Board Appointee Evaluation Committee, prior to review by the Board. FISCAL IMPACT For the General Manager: Total of the annual salary plus adjustment = $235,792 with a one-time 5% bonus of $10,816. PUBLIC NOTICE All public noticing requirements of the Brown Act have been met. No additional notice is necessary. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act (CEQA). NEXT STEPS If approved, the compensation adjustments and merit bonuses will be implemented as set out in the Resolutions attached, and the employment agreements will go into effect immediately. Attachments: 1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General Manager 2. General Manager Employee Agreement Submitted by: Board Appointee Evaluation Committee Director Kishimoto Director Harris Director Siemens, Chair Resolutions/2015/15-__GM Salary 1 RESOLUTION NO. 15-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A REVISED EMPLOYMENT AGREEMENT FOR THE DISTRICT GENERAL MANAGER WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Manager Employment Agreement (“Agreement”) with Stephen E. Abbors, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the General Manager’s leadership was critical to passage of Measure AA. His actions starting prior to and during this evaluation period are seen by the Board as leading to many of last year’s successes. His actions included strategic visioning, enhanced relationships with partner agencies, key staff hiring choices focusing on excellence and energy, excellent choices in Assistant General Manager support, innovative internal assignments and teams, and focus on gaining public support. His look-ahead changes instituted to support our new direction after the passage of Measure AA (“MAA”) include: 1. Revising the financial model; 2. Scoping and prioritizing a much larger capital program to meet GO bond requirements; 3. Restructuring the organization with well-versed consulting help, and, importantly, involving staff; 4. Preparing the District for labor negotiations. Each was accomplished while existing programs and services continued within capacity limits. This required incredible effort by him and his staff. Ten MAA projects were completed last year and 13 were started and are underway. All performance standards for the year were met, as were critical deadlines. His personal level of effort remained consistent and focused on outcomes. WHEREAS, the Board, based on its annual review of the General Manager’s performance, in recognition of his outstanding performance during Fiscal Year 2013-2014 desires to grant the General Manager a 4.0 percent adjustment to bring his base salary closer to the comparable median, and an additional 5.0 percent raise to bring his base salary to $235,792, along with a one-time meritorious bonus of 5 percent ($10,816); and WHEREAS, the Board and General Manager have agreed on a revised Employment Agreement to incorporate previous amendments, reflect currently accepted formats, and the increased compensation. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution an adjustment to his base salary up to $235,792 retroactive to April 1, 2015 for Fiscal Attachment 1 Resolutions/2015/15-__GM Salary 2 Year 2015-16, a one-time meritorious bonus of 5 percent ($10,816), and authorizes the President of the Board of Directors or other authorized Board Officer to execute a revised District General Manager Employment Agreement. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, 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 Attachment 1 DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT This Employment Agreement (“Agreement”) is made this ____ day of __________ 2015, by and between Midpeninsula Regional Open Space District, a California public entity (“District”), and Stephen E. Abbors (“Abbors” or “General Manager”). WHEREAS, the District engaged Abbors as its General Manager under a contract entered into on or about February 27, 2008, which contract continues in force as of the date of entry into this contract; and WHEREAS, in the time that has passed since entry into the existing contract, the Board of Directors (“Board”) for the District and Abbors have agreed to a series of compensation and benefits changes, which are reflected in the District’s records but not in the employment contract, rendering it out-of-date; WHEREAS, with this new contract the District wishes to replace and supersede the prior contract, updating the compensation and benefit information, and to make other changes to reflect the Board’s efforts to continue to strive for best practices in management of appointed employees. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Appointment of District General Manager The District’s Board of Directors (hereinafter Board) hereby enters into this Agreement with Abbors to continue in the position of General Manager of the District. The parties to this Agreement are the District, through its Board, and Abbors. 2. Essential Powers and Duties A) The General Manager’s powers and duties shall be: 1) As specified in Sections 5538 and 5549 of the Public Resources Code of the State of California; and 2) As provided in the District Personnel Policies and Procedures Manual (“Manual”); and 3) Such other duties as the Board of Directors may direct consistent with the District’s enabling legislation; B) The General Manager shall attend all regular and special meetings of the District Board of Directors as needed, and may, when appropriate, delegate this duty to an Assistant General Manager; and Attachment 2 District General Manager Page 2 Employment Agreement The General Manager shall perform his duties and exercise his powers consistent with due diligence, according to the highest and most professional standards, and in compliance with all federal, state and local laws, ordinances, rules and regulations which are applicable to or associated with the performance of such duties. 3. Compensation and Benefits A. Salary. As compensation for the services to be performed hereunder, the General Manager shall receive an annual salary adjustment of nine percent, bringing his annual base salary to $235,792. The effective date for this adjustment to the General Manager’s salary will be retroactive to April 1, 2015. B. Annual Salary Adjustment and Performance Review: The Board shall annually review the General Manager’s performance pursuant to the Board’s labor policy “Board Appointee Performance Evaluation Process.” The Board may review Abbors’ performance at any time as determined necessary and appropriate by the Board. During the annual performance review, or such other time as determined appropriate by the Board, either party may propose to modify, amend, or terminate this Agreement. The Board may consider an annual salary adjustment for the General Manager. Unless the parties agree otherwise, any such annual salary adjustment will retroactively apply to the beginning of the District’s fiscal year. C. Meritorious Pay: The District may grant the General Manager a meritorious pay award, ranging from 0% to 5% over and above the General Manager’s annual base salary. Such meritorious pay shall be based on the Board’s annual review of the General Manager’s performance and pursuant to the Board’s labor policy “Board Appointee Performance Evaluation Process” which sets out the conditions and eligibility for such merit pay and the criteria and objectives to be considered during the evaluation. Meritorious pay shall not be a salary adjustment, but rather recognition for performance during the previous year of service. D. Vacation, Leaves and Holidays. The General Manager shall earn vacation leave at the rate of a regular full-time employee with 15-19 years of service (equivalent to 21 days per year) in accordance with the Manual. The General Manager shall also earn personal, administrative and sick leave at the current rate of accrual for Department Managers in accordance with the Manual. The General Manager may elect to cash-out up to eighty (80) hours of accrued vacation leave in any calendar year. The General Manager will receive District-paid holidays, in accordance with the Manual. E. Retirement Plan. The District contracts with the California Public Employees’ Retirement System (CalPERS) to provide its miscellaneous employees the Local Miscellaneous 2.5% at 55 retirement plan (“the Plan”). The General Manager is eligible to participate in the Plan. Pursuant to the Board resolution No. 15-14, Attachment 2 District General Manager Page 3 Employment Agreement effective February 11, 2015, the District does not pay any portion of the General Manager’s normal member contribution. F. Benefit Plans. The District shall pay the full premium for the General Manager, spouse, and eligible dependents for enrollment in any medical insurance plan offered by the District. The District shall also provide dental, vision, life insurance, and other benefits available to management employees in accordance with the Manual and as approved by the Board of Directors from time to time, including, but not limited to, participation in the sick leave conversion program. The District will also provide the cafeteria plan in accordance with Internal Revenue Code Section 125 as provided in the Manual. G. Memberships and Conferences. The District shall pay for the General Manager’s membership and/or participation in organizations and conferences relevant for his continued professional growth and advancement and/or related to the District’s business, in addition to any membership payments offered to employees in the Manual or Administrative Policy (Professional Dues, Membership Program & Tuition Reimbursement). The District shall reimburse the General Manager for travel expenses consistent with the District’s travel, lodging, and meal reimbursement policy. 4. Term of Agreement Abbors shall begin service under this Agreement on the last date signed below and this Agreement shall remain in effect up to, and including, the last day of the 2016- 2017 fiscal year, June 31, 2017), or until terminated by either party pursuant to Section 7 of this Agreement, or modified by mutual written agreement. The District may elect not to renew this Agreement by providing written notice to the General Manager one hundred and eighty (180) days prior to the expiration of the Agreement, including any succeeding term. Beginning July 1, 2017, and every six (6) month period commencing on the first day of the succeeding month thereafter, the term of this Agreement shall be automatically extended by six (6) months, without any action taken by the Parties, unless: A) this Agreement is otherwise modified by mutual written agreement; B) the District provides written notice of non-renewal no later than 180 days before the expiration of the term; or, C) pursuant to Paragraph 7, either party terminates the Agreement. The terms and conditions of each six-month renewal period shall be the same as those within this Agreement. Notwithstanding any other provision, the General Manager shall not be entitled to, nor receive, any severance pay upon expiration, or the District’s timely notice of non- renewal, of this Agreement. Expiration by timely notice of non-renewal of the Agreement shall not constitute an action by the District to terminate the Agreement, as described in Paragraph 7 of this Agreement. Attachment 2 District General Manager Page 4 Employment Agreement 5. Termination and Severance Pay Notwithstanding any other provision, the General Manager is an at-will employee serving at the pleasure of the District Board of Directors and may be discharged at any time without cause. There is no express or implied promise made to the General Manager of continued District employment. The General Manager may terminate this Agreement upon sixty (60) days’ written notice to the District. In the event the General Manager resigns or retires, or upon death, he shall not be entitled to, nor receive, any severance pay as set forth in this section. The District may terminate this Agreement by written notice to the General Manager at any time. In the event that the District terminates this Agreement for reasons other than cause, and the Agreement does not otherwise expire, the District shall compensate the General Manager with severance pay in the amount equal to six (6) months’ base salary as of the date of termination. This section is intended to comply with Section 53260 et seq. of the California Government Code. This severance payment shall be made within five (5) days of the effective date of the termination, and is subject to applicable withholding taxes. Any severance pay that the General Manager may receive from the District shall be fully reimbursed to the District if the General Manager is convicted of a crime involving an abuse of his office or position. This Agreement shall be subject to the provisions of Government Code sections 53243-53243.4 which require reimbursement to the District under circumstances stated therein. If the District determines this Agreement should be terminated for cause, then the District shall, at any time, provide the General Manager with written notice of termination that specifies the effective date of the termination. The District shall provide the general reasons for termination in this notice. The District will not be required to provide any notice period or pay the General Manager any severance pay where the District terminates this Agreement for cause. The General Manager will be provided an opportunity to appeal by asking for a meeting with the Board, which will be held within 10 days of the General Manager’s request. Said meeting may be in closed session, unless the General Manager asks that it be in open session. The Board’s decision on the appeal will be final. As used in this section, “cause” shall include: a. Violation of administrative policies and procedures; b. Abuse of office or position; c. Theft of District property; d. Insubordination; Attachment 2 District General Manager Page 5 Employment Agreement e. Conviction of a felony, or conviction of a misdemeanor relating to General Manager’s fitness to perform assigned duties; f. Unauthorized or excessive absences from the District; g. Failure to maintain satisfactory working relationships with other employees or the public; h. Improper use of District funds; i. Unauthorized use of District property; j. Willful misconduct or malfeasance; k. Any act of moral turpitude or dishonesty; l. Other failure of good behavior either during or outside of employment such that General Manager’s conduct causes discredit to the District; m. Violation of the Political Reform Act; or n. Violation of Government Code Section 1090. Termination for cause shall also include an agreement by the District that the General Manager may resign in lieu of termination for cause. 6. Entire Agreement This Agreement contains the entire agreement and understanding between the parties. There are no oral understandings, terms or conditions, and neither party has relied upon any representation, express or implied, not contained in this Agreement. 7. Effect of Waiver No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or subsequent breach of the same or of any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 8. Supersedes Prior Agreement This Agreement supersedes any and all previous employment agreements and amendments thereto entered into by and between the District and the General Manager. 9. Amendment This Agreement cannot be changed or supplemented orally. No amendment, modification, alteration, or variation in the terms of this Agreement is valid unless made in writing and signed by both parties. 10. Notices Any notices to be given by either party to the other shall be made in writing by personal delivery, or the United States Postal Office via Service Priority Mail Attachment 2 District General Manager Page 6 Employment Agreement Express, postage prepaid, with return receipt requested. Notices delivered personally shall be deemed received as of actual receipt; mailed notices shall be deemed received as of three days after the date postmarked. Mailed notices shall be addressed to the respective parties as follows: To the District: Midpeninsula Regional Open Space District Attention: President, Board of Directors 330 Distel Circle Los Altos, CA 94022 To the General Manager: Stephen E. Abbors, General Manager At his last known home address as reflected in the District’s personnel records. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this ____ day of __________ 2015, at Los Altos, California. MIDPENINSULA REGIONAL OPEN GENERAL MANAGER: SPACE DISTRICT: By: ____________________________ ________________________ Board President Stephen E. Abbors Date: ____________________________ Date: __________________ ATTEST: __________________________________ Jennifer Woodworth, District Clerk Attachment 2 R-15-126 Meeting 15-22 August 26, 2015 AGENDA ITEM 9 AGENDA ITEM Final Design Development Options for the Mount Umunhum Summit Project (Options Do Not Include Recommendations for the Radar Tower) GENERAL MANAGER’S RECOMMENDATIONS 1. Review design options and associated estimates of probable cost for the Mount Umunhum Summit Project. 2. Confirm the Planning and Natural Resources Committee’s recommendation for a mid-level option (Preferred Option), and direct staff to make any desired adjustments to the design. 3. Direct staff to proceed with final design development and production of construction documents, which will form the basis for permit submittals and a Request for Bids package. SUMMARY A range of alternative design options was prepared for public access facilities at the Mount Umunhum Summit, costing from $2.5M to $5.08M. The recommended mid-level option with two additions was selected by the Planning and Natural Resources Committee (Committee) to finalize the Schematic Design. Given the high cost and public anticipation of this project, the Committee desired to have the full Board review and confirm their selection prior to moving forward with final designs. Following Board confirmation, staff will prepare the final Construction Documents, which will be used as part of permit application submittals and as the basis for a Request for Bids to solicit bid proposals for construction. MEASURE AA The Mount Umunhum Summit Project (Summit Project) is included in the FY2015-16 Action Plan as Measure AA Project #23-4. This project is part of the “Mt. Umunhum Public Access and Interpretation Projects” portfolio to complete the summit area restoration, and install new parking areas and visitor amenities to allow public access. BACKGROUND The Summit Project at Sierra Azul Open Space Preserve will provide a unique destination to some of the best views in the Bay Area with a target timeline to open the site to the public during the fall of 2016. Preliminary public access improvements were presented to the Committee at the April 21, 2015 meeting (R-15-67) (see Attachment 1 for minutes); refined designs were presented at the June 30, 2015 meeting (R-15-100) (see Attachment 2 for minutes); three R-15-126 Page 2 schematic design options were presented at the August 11, 2015 meeting (R-15-120) at which the Committee selected their preferred option (see Attachment 3 for minutes). Consulting landscape architects Restoration Design Group (RDG) has incorporated final Committee feedback received on August 11 into the Preferred Option for presentation to the Board at this meeting. At this time, RDG requires final Board concurrence on restoration and public access features and facilities in order to advance the design development and begin production of construction documents to meet the anticipated public access opening of fall 2016. Staff and consultants will be presenting a total of four options for public access amenities: the three original Options A, B, and C, plus the Committee’s recommendation to implement Option B with the addition of a stairway and more substantial trailhead shelter taken from Option A. This new hybrid of Options A and B will now be referred to as the Preferred Option. DISCUSSION The three options for public access facilities at Mount Umunhum were formulated from a full range of access improvements that were identified as part of the early schematic design phase, and represent a range of total costs from over $5M (Option A) to approximately $2.5M (Option C). All options include restoration of natural landforms, planting of native vegetation, an ADA- accessible drop-off area, accessible trails at the summit, and interpretive elements. The cost estimates provided in this report do not include any of the radar tower long-term options nor provision of potable water. Graphic representations of the Committee’s Preferred Option, plus Options A, B, and C, are included as Attachment 4. Detailed cost estimates for the Committee’s Preferred Option, plus Options A, B, and C are provided as Attachment 5. Committee’s Preferred Option is a hybrid of Options A and B, which is comprised of Option B plus inclusion of a summit stairway and trailhead shelter from Option A, as described below, for a total cost of approximately $4.2 million. The design assumes phased implementation pending a final decision on the radar tower. For example, interpretive panels and benches near the tower, which may be affected by a future radar tower decision, could be installed at a later date as a future phase and after a final Board decision is made on the radar tower. Option A is considered the most refined and developed option and includes the greatest scope of public access improvements, including a substantial trailhead type picnic shelter with stone walls and solid roof, landform and vegetative restoration of the upper graded terrace (formerly “Upper Parking”), and a stairway from this area to the West Summit. Option A represents a construction project costing approximately $5.1 million and delivers a heightened level of detailing and materials beyond typical District design standards. Option B, which costs approximately $3.7 million, is similar in most respects to Option A, yet achieves cost savings by replacing the trailhead picnic shelter with a smaller and less expensive one, eliminates the landform and vegetative restoration of the upper graded terrace in favor of leaving the terrace as-is with minimal improvements for use as special event parking, and eliminates the stairway to the West Summit. Option C is the lowest cost and represents the most modest approach to site development at an estimated total cost of $2.5M. Option C reduces the ADA-accessible parking capacity, size, and detailing of the summit turnaround; simplifies the custom rock viewing coves with benches; reduces the parking capacity of the main lot; removes the picnic structure from the trailhead; and R-15-126 Page 3 removes the equestrian area. Option C incorporates typical rustic District design standards for visitor amenities, using for example, less durable split-rail fence instead of more substantial cor- ten metal railing. A summary cost comparison of the three options is presented in Table 1 below. Table 1. Summary of Cost Estimates for Three Summit Project Options Item/Description Preferred Option Option A Option B Option C General Site Work $400,000 $400,000 $400,000 $400,000 General Restoration Work $480,000 $480,000 $480,000 $480,000 West Summit $140,800 $140,800 $140,800 $85,800 Turn-around and Tower Area $524,900 $724,900 $724,900 $391,650 East Summit $84,000 $84,000 $84,000 $44,000 Terrace (Special Use Parking) $27,000 $467,500 $27,000 $27,000 Summit Stair $380,000 $380,000 $0 $0 Lower Parking $463,500 $488,500 $463,500 $293,700 Trailhead $347,000 $347,000 $172,000 $30,000 Equestrian Terrace $205,000 $205,000 $205,000 $0 Interpretive and Other Signage $130,000 $130,000 $130,000 $130,000 General Conditions (i.e. mobilization: 15% of total) $477,330 $577,155 $424,080 $282,323 SUBTOTAL with General Conditions $3,659,530 $4,424,855 $3,251,280 $2,164,473 TOTAL with 15% Design Contingency $4,208,460 $5,088,583 $3,738,972 $2,489,143 Terrace Parking Alternate Full Buildout $513,800 Committee Review and Recommendations The Committee recommends Option B, plus the addition of the stairway and more substantial trailhead shelter taken from Option A, as the Preferred Option. Option B was formulated to strike a balance between the extensive scope of built improvements in Option A, and the minimal facilities and typical materials used in Option C. Option B retains the heightened level of detail and materials of Option A as is appropriate for a key destination location such as Mount Umunhum, while still remaining in general alignment with the scale of amenities offered at other District Preserves. Option B also reflects the desires of the Committee to provide a suitable destination location with appropriate amenities not found at other Preserves, such as wind and shade shelters. If potable water is found to be available, it would be incorporated into any of the three Options at the same cost, but this cost is not included in the Summary of Cost Estimates (Table 1). FISCAL IMPACT The Planning Department’s FY2015-16 Budget includes $611,000 for schematic design, permitting, construction documents and initial construction of the new parking areas, restrooms, landing zone, other public access improvements and site amenities. Additional funds will be requested in the FY2016-17 Budget to complete the construction of the Summit Project improvements. Cost for any of the options, including the most expensive Option A, is included in R-15-126 Page 4 the Measure AA allocation for this Project. In addition, generous funding from the State Coastal Conservancy in the amount of $500,000 for the Summit Project will be used to fund the native plant restoration, which is considered to be a non-capital project and therefore does not qualify for Measure AA funding. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Construction of the Mount Umunhum Summit Area was included in the Mount Umunhum Environmental Restoration and Public Access Plan EIR, which was certified by the Board on October 17, 2012 (R-12-91). BOARD COMMITTEE REVIEW Please refer to the Discussion section of this report for a full description of the Committee review process and recommendation. NEXT STEPS Board confirmation of the Preferred Option (i.e., acceptance of a Final Schematic Design) will mark the end of the conceptual design phase. Remaining work will focus on the production of bid documents for contracting, and initiating permitting. No major changes would occur after the Final Schematic Design without a formal change of scope. Construction is scheduled for Spring/Summer 2016. The timeline to meet the goal of providing public access to the summit of Mount Umunhum by October 2016 appears in the table below. Mount Umunhum Summit Project Implementation Milestones Refined Conceptual Design April 21, 2015 (completed) Draft Schematic Design for Committee Review* June 30, 2015 (completed) Final Schematic Design for Committee Review August 11, 2015 (completed) Board Consideration of Committee Preferred Option August 26 (this meeting) Permitting/Construction Documents Fall 2015 Approve Restoration Grading Contract** Winter 2015/16 Approve Visitor Amenities Construction Contract** Winter 2015/16 Construction Phase Spring/Summer 2016 Restoration Planting Fall 2016 – Fall 2017 Finally, investigations on providing water to the public (potable or non-potable) are underway. Staff is soliciting quotes from three separate companies to investigate the possibility of a new well location at or near the summit. Attachments 1. Minutes from April 21, 2015 PNR Committee meeting R-15-126 Page 5 2. Minutes from June 30, 2015 PNR Committee meeting 3. Draft Minutes from August 11, 2015 PNR Committee meeting 4. Graphics of schematic plans for Preferred Option and Options A, B, and C 5. Cost estimates for Preferred Option and Options A, B, and C Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Meredith Manning, Senior Planner Lisa Bankosh, Planner III Contact: Meredith Manning, Senior Planner *Approved by the Planning and Natural Resources Committee on July 14, 2015 PLANNING AND NATURAL RESOURCES COMMITTEE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office – Board Room 330 Distel Circle Los Altos, CA 94022 April 21, 2015 APPROVED MINUTES* ROLL CALL Director Riffle called the Regular Meeting of the Planning and Natural Resources Committee to order at 4:06 p.m. Members Present: Jed Cyr, Larry Hassett, and Curt Riffle Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Planning Manager Jane Mark, Senior Planner Meredith Manning, Senior Planner Tina Hugg, Public Affairs Manager Shelly Lewis and Interim District Clerk Kim Marie Smith ORAL COMMUNICATIONS None. ADOPTION OF AGENDA Motion: Director Cyr moved and Director Hassett seconded the motion to adopt the agenda. VOTE: 3-0-0 COMMITTEE BUSINESS 1. Concept design plans for the Mount Umunhum Summit Project (R-15-67) Meredith Manning Senior Planner introduced Bob Birkeland Senior Principal Landscape Architect with Restoration Design Group (RDG) to give the Committee a presentation of the draft conceptual design for the Mt. Umunhum summit. Mr. Birkeland along with his associate Rich Walkling presented to the Committee a PowerPoint presentation with an overview of the Attachment 1 Planning & Natural Resources Committee Page 2 April 21, 2015 Mt. Umunhum summit concept plan. They discussed the District goals and objectives which are to establish a fiscally and environmentally sustainable visitor destination that aligns with the District’s mission by balancing public access, enjoyment, and education with environmental restoration. Creating a destination that is accessible to and accommodates a broad range of user groups, remove or permanently cap physical hazards and restore the native landscape and habitat for wildlife as much as possible, provide ample, rich, and diverse trail experiences for hikers, bicyclists, and equestrians and highlight the rich natural and cultural history of the site through interpretive and educational opportunities. Discussion ensued. Director Cyr asked if potable water was going to be on site. Ms. Manning stated that currently planned at the trail head there will be a horse trough and shelter and staff will be exploring the potential for potable water at the trail head site. Director Riffle asked roughly when the Board of Directors will be making a design decision on the tower. Ms. Manning commented that the decision will not be made until October 2017. Director Riffle also shared his concerns with Director Cyr and stated that he recommends that potable water should be available for the public and horses. Director Riffle stated that in 2012 the hang gliding communities concerns are not on the conceptual plan an asked if their concerns were going to be addressed. Ms. Manning reported the hang gliding community would be invited to see the conceptual design and obtain their comments at the next phase of the design. Director Riffle asked Directors Cyr and Hassett if they had and concerns with not addressing the hang gliding communities concerns. Director Hassett commented that his vision is not to have them jumping off over the trail and then heading down to Bald Mountain but would like to obtain the information of any commitments that have been made to the community. Ms. Manning commented that hang gliding was addressed in the Environmental Impact Report and was evaluated as an environmental impact and was included as a concept and permits would be issued by the District. Currently there is a conceptual agreement with them that there would be no more than two to three people at a time and they would have to police themselves. Director Cyr also echoed Director Hassett and asked if any commitments have been made to the hang gliding community. He also stated that is not high on his priority list but does not want to exclude it as an option. His vision is that he would want a world class space to invite the public and have them understand the multiple uses that are on the ground. General Manager Abbors confirmed that the Committee would like to consider hang gliding in some form but not have it dominate the experience and will take that direction. Director Riffle stated that a decision will need to be made either there will or will not have hang gliding and if it is decided to accommodate it in one form or another we should be put into the design. He also stated that in the year 2012 a vocal organized hang gliding community attended the meetings and shared their concerns. Mr. Birkeland stated that in the 2012 plans there was a place for hang gliders at either the upper or lower parking lot but apparently that is not where they want to launch. If they want to launch from the upper parking lot the District may consider allowing hang glider events on certain days or on a weekend by obtaining a permit. Director Riffle commented that he was glad that the District is working with the Amah Mutsen and accommodating their cultural needs but stated that there is also a large community of military veterans and they need to be honored independently from what may happen to the tower. Attachment 1 Planning & Natural Resources Committee Page 3 April 21, 2015 Ms. Manning responded that the interpretive specialist will be contacting some of the prominent veterans to work in the interpretation and will have a very robust interpretative program independent from the tower. Director Riffle commented on the harshness of the summits environment and how wind could reach up to 100 mph and could potentially have double-digit rainfall. He asked if there was a way to control access or would there be seasonal closures. Ms. Manning answered that as part of the concept plan the gate currently at Bald Mountain will stay and there will be several control points on the way up to the mountain. Director Riffle stated that if there are any road closures that this information be posted onto the District website so that the public is aware of any closures and also recommending having a web- cam onsite. He also recommends having wi-fi access at the summit which in turn could be an opportunity to expand on the interpretive program. Ms. Manning stated that that these recommendations will be discussed in phase two. Director Riffle expressed his concern about the cost and even though this is a very high quality well thought out and through project it is on top of a very unforgiving mountain. He questioned whether the constituents would question the cost of the project since historically the District usually has gravel parking lots and a toilet and mentioned that the constituents would not expect the District to build a world class facility. Director Riffle asked Director’s Cyr and Hassett if they were concerned with the cost. Director Cyr stated that this project is unique to the District, he felt more comfortable with an elaborate design. He also stated that most of the design is moving material and bringing it closer to its original shape and form and will allow for an intimate and emotional connection to the site. Director Hassett agreed with Director Cyr and mentioned that there is higher interest from the public to access the site. General Manager Abbors stated that the summit would be more a world class experience than a world class project and commented that the materials that are going to be used are going to withstand the elements. He also reminded the Committee that this past June the public approved this project and budget. Director Riffle reminded staff that we need to accommodate any future potential partner such as the Mt. Um Conservancy as we go forward as terms of transparency and our willingness to work with a partner. Ms. Manning stated that the next step is to take all of today’s input and then present the committee with a 50% schematic designs in June and at which time will have a better understanding of the cost of the project. ADJOURNMENT Director Riffle adjourned the Regular Meeting of the Planning and Natural Resources Committee of the Midpeninsula Regional Open Space District at 5:45 p.m. _________________________ Maria Soria Deputy District Clerk Attachment 1 *Approved by the Planning and Natural Resources Committee on July 14, 2015 PLANNING AND NATURAL RESOURCES COMMITTEE Administrative Office 330 Distel Circle Los Altos, CA 94022 June 30, 2015 APPROVED MINUTES* ROLL CALL Director Cyr called the Special Meeting of the Planning and Natural Resources Committee to order at 3:34 p.m. Members Present: Jed Cyr and Larry Hassett Members Absent: Curt Riffle Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Counsel Hilary Stevenson, Planning Manager Jane Mark, Senior Planner Meredith Manning, and District Clerk Jennifer Woodworth The committee selected Director Cyr to act as the Chair Pro-Tempore. ORAL COMMUNICATIONS There were none. ADOPTION OF AGENDA Motion: Director Hassett moved, and Director Cyr seconded the motion to adopt the agenda. VOTE: 2-0-0 COMMITTEE BUSINESS 1. Approve the Planning and Natural Resources Committee Minutes: April 14, 2015 April 21, 2015 April 29, 2015 June 2, 2015 Attachment 2 Planning & Natural Resources Committee Page 2 June 30, 2015 Director Cyr stated that the minutes for April 21, 2015 are continued to the next Planning and Natural Resources Committee meeting to allow the District Clerk to listen to the audio recordings to clarify comments made at the meeting. Motion: Director Hassett moved, and Director Cyr seconded the motion to approve the minutes for the April 14, 2015, April 29, 2015, and June 2, 2015 Planning and Natural Resources Committee meetings. VOTE: 2-0-0 (Director Riffle absent) 2. Draft Schematic Design and Alternatives for the Mount Umunhum Summit Project (R-15-100) Senior Planner Meredith Manning described the current status of the project and summarized direction received from the Planning and Natural Resources Committee at the previous meeting on the topic. Bob Birkeland, representing landscape architecture firm Restoration Design Group, provided a brief overview of the project’s timeline and described various design challenges at the site, including exposed nature of the summit, limited parking, and ADA access. Mr. Birkeland outlined options for mitigating the challenges presented. Ms. Manning described various alternatives being explored for equestrian parking and access to the trails. Mr. Birkeland showed draft schematic designs for the summit displaying where potential shelters and parking areas would be located. Ms. Manning also described an open air option for the Mt. Umunhum tower to provide for interpretive elements and a gathering area for visitors. Finally, Mr. Birkeland provided project cost estimates and proposed project phasing. Director Hassett inquired if the cost estimates provided includes the three options for the radar towers. Ms. Manning explained that the options for the radar tower are not currently included in this project. The provided cost estimates also do not include costs for a potential well on the site. A well is currently the only option for providing potable water at the site because at this time the Regional Water Quality Control Board is not issuing permits for water to be brought to the site. Director Hassett inquired further regarding the proposed gate allowing access to ADA parking. Ms. Manning explained the gate would be unmanned and would have signs directing visitors to ADA parking and a drop-off area near the summit. Extensive discussion ensured regarding the potential need and use for a shuttle to the summit. Ms. Manning reported that the option of a shuttle was discussed in 2012, and at that time it was determined staff would wait to determine visitor usage before exploring shuttle options. Operations Manager Michael Newburn provided additional information regarding access needs for equestrians on the trail and at the summit, including trail width and shaded areas. Ms. Manning described two installations currently on the site by partner agencies – Santa Clara Valley Water District and United States Geological Service. Ms. Manning reported the District Attachment 2 Planning & Natural Resources Committee Page 3 June 30, 2015 has received a request from the Santa Clara Valley Water District to temporarily mount an antenna on the radar tower, which would report on climate conditions. The Committee agreed the Water District could place antenna on the tower. Assistant General Counsel Hilary Stevenson reported staff can proceed with this direction through execution of a revocable license agreement to be negotiated with the Water District. Public hearing opened at 5:16 p.m. No speakers present. Public hearing closed at 5:16 p.m. Director Hassett inquired if guidelines would be developed in order to determine when the preserve would be closed for access. Ms. Manning reported several access gates could be closed to prevent visitors from entering the site when it is closed. Mr. Abbors stated the Operations department would draft guidelines for determining when the site should be closed to ensure visitor safety. The Committee provided feedback regarding the proposed shade structures, including their preference for a concrete structure for the trailhead area and minimalist structures for the summit area. ADJOURNMENT Director Cyr adjourned the meeting of the Planning and Natural Resources Committee of Midpeninsula Regional Open Space District at 5:30 p.m. ___________________________________ Jennifer Woodworth, CMC District Clerk Attachment 2 PLANNING AND NATURAL RESOURCES COMMITTEE Administrative Office 330 Distel Circle Los Altos, CA 94022 August 11, 2015 DRAFT MINUTES ROLL CALL Director Riffle called the Special Meeting of the Planning and Natural Resources Committee to order at 2:30 p.m. Members Present: Jed Cyr, Larry Hassett, and Curt Riffle Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Project Manager Aaron Hébert, Planning Manager Jane Mark, Senior Planner Meredith Manning, and District Clerk Jennifer Woodworth ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Hassett seconded the motion to adopt the agenda. VOTE: 3-0-0 COMMITTEE BUSINESS 1. Approve the Planning and Natural Resources Committee Minutes: July 14, 2015 Motion: Director Hassett moved, and Director Cyr seconded the motion to approve the minutes for the July 14, 2015 Planning and Natural Resources Committee meeting. VOTE: 3-0-0 2. Redwood Cabin Structural Stabilization Analysis (R-15-119) Attachment 3 Planning & Natural Resources Committee Page 2 August 11, 2015 Project Manager Aaron Hébert described the location of the Redwood Cabin and access to the site. Mr. Hébert provided photos and described the current condition of the Redwood Cabin, including roof and deck deterioration and structural integrity of the floor and walls. Mr. Hébert explained his concerns related to the Redwood Cabin’s substructure and nearby bridge, which will both require structural evaluation to determine long term stability. Finally, Mr. Hébert provided further information related to registering the Redwood Cabin with the San Mateo County Historic Resource Advisory Board. Director Hassett inquired as to the process to repair the rotting substructure. Mr. Hébert explained staff would work with Environmental Science Associates to develop plans to repair the substructure and meet with San Mateo County staff to ensure the design is consistent with the County’s permit requirements. Director Hassett inquired if registering the Redwood Cabin as a historic resource would allow the District to seek grant funds to restore the cabin. Mr. Hébert explained that registering the Redwood Cabin would be the first step in pursuing grant funds; however, he did not want to overstate the potential for grant funds because more historic buildings exist than funds available. If the Board directed staff to seek grant funds for restoration, staff would then register the cabin with the state as a historic resource. Director Riffle inquired as to the Committee’s interest in preserving the Redwood Cabin for use as a residence or hiker’s hut. Directors Hassett and Cyr expressed interest in completing maintenance and structural stabilization to arrest further building decay, but absent finding a partner or grant funding did not support committing large amounts of District funds to restoring the cabin due to its condition and remote location. Director Riffle expressed his concerns related to the cost and feasibility associated with ongoing maintenance of the site due to its remote location. Public comment opened at 3:19 p.m. No speakers present. Public comment closed at 3:19 p.m. Motion: Director Hassett moved, and Director Cyr seconded the motion to forward the following recommendations for the full Board of Directors’ consideration: 1. Amend a contract with Environmental Science Associates to develop cost estimates for stabilization repairs to the Redwood Cabin and to complete a structural evaluation of an access bridge leading to the Redwood Cabin. 2. Register the Redwood Cabin with the San Mateo County Historic Resource Advisory Board in order to qualify the structure for the California Historical Building Code regulations. VOTE: 3-0-0 Attachment 3 Planning & Natural Resources Committee Page 3 August 11, 2015 3. Final Design Development Options for the Mount Umunhum Summit Project (R-15- 120) Senior Planner Meredith Manning described the current status of the project, summarized direction received from the Planning and Natural Resources Committee at previous meetings and outlined the decisions before the Committee related to the three options for the final design elements. Ms. Manning outlined the project schedule for implementing the Board’s decision for the summit restoration and design. Bob Birkeland, representing landscape architecture firm Restoration Design Group, described the three schematic design options including various elements of each and associated costs for each of the three options. Acting Planner II Bryan Apple provided an update on efforts to locate a well or other water source for the project. Mr. Apple described the potential costs associated with the feasibility of providing potable water at the summit, including assessing the site for potential well sites and potential ongoing costs for well water treatment and monitoring. Mr. Apple explained that the State Water Resources Control Board is currently not permitting the hauling of potable water, so this is not an option at this time. Director Cyr left at 4:07 p.m. and returned at 4:09 p.m. Director Cyr inquired regarding whether the full Board of Directors would be weighing in on the three schematic options before the project moved forward. Ms. Manning explained that currently the project would move forward based on the Committee’s recommendations, and once designs were developed, the decision would be forwarded to the Board of Directors to authorize the construction. Director Hassett explained that he is hesitant to bring the Committee’s recommendations to the full Board at this time if it will create a lengthy delay to the project and would prefer to see this project continue to move forward. Public comment opened at 4:20 p.m. No speakers present. Public comment closed at 4:20 p.m. Director Hassett suggested the following modifications to Option B: • Inclusion of the summit stair described in Option A. • Direct the creation of additional renderings to show how the breezeway structure would look based on the “Open Air” option with the removal of the upper four floors of the Radar Tower. • Inclusion of the trailhead shelters described in option A. Motion: Director Cyr moved, and Director Hassett seconded the motion to confirm the recommendation for a mid-level option, and direct staff to make the following adjustments to the design: inclusion of the summit stair and the trailhead shelter described in option A. The Attachment 3 Planning & Natural Resources Committee Page 4 August 11, 2015 Committee further directed staff to create additional renderings of the breezeway structure illustrating how this structure would look if the top four stories of the Radar Tower were removed to create the “Open Air” option. VOTE: 3-0-0 Motion: Director Hassett moved, and Director Cyr seconded the motion to direct staff to report to the full board on the recommendations of the Planning and Natural Resources before moving proceeding with final design development and production of construction documents, which will form the basis for permit submittals and a Request for Bids package. VOTE: 3-0-0 ADJOURNMENT Director Riffle adjourned the meeting of the Planning and Natural Resources Committee of Midpeninsula Regional Open Space District at 4:45 p.m. ___________________________________ Jennifer Woodworth, CMC District Clerk Attachment 3 Attachment 4 Attachment 4 Attachment 4 Attachment 4 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC Planning and Natural Resources Committee's Preferred Option ITEM / DESCRIPTION QTY.UNIT COST TOTAL GENERAL SITE WORK Demolition (Misc.Site Work, Prep Base of Tower For Public Access)1 LS $50,000 $50,000 Rough Grade Summit, Tower, Parking Areas and Trailhead 1 LS $350,000 $350,000 Subtotal $400,000 GENERAL RESTORATION WORK Native Seeding 1 LS $30,000 $30,000 Rock Outcrops for Renaturalized Revegetation Areas (From Site Areas or Imported)1 LS $50,000 $50,000 Soil Preparation 1 LS $100,000 $100,000 Revegetation of Restoration Areas 1 LS $200,000 $200,000 Irrigation Allowance 1 LS $100,000 $100,000 Subtotal $480,000 WEST SUMMIT Summit Area ADA Pathways (6 ft. width)3,400 SF $12 $40,800 Summit Viewing Coves Stone or Concrete Walls (West Summit)4 EA $20,000 $80,000 Ceremonial Space (West Summit)1 LS $20,000 $20,000 Subtotal $140,800 TURN-AROUND AND TOWER AREA Turn-Around and Adjacent Road (AC Paving - Summit Approach Road Excluded)8,000 SF $12 $96,000 Bollards/Barriers at Turn-Around 1 LS $30,000 $30,000 Truncated Domes at Turn-Around 1 LS $15,000 $15,000 Concrete Paving at Turn-Around, Path To 1st Viewing Cove, Ramp to Tower Court 6,000 SF $12 $72,000 Aggregate Paved ADA Court Around Tower 5,300 SF $8 $42,400 Guardrail along Northside of Tower/Court 175 LF $150 $26,250 Stone curb (9") around Turn-Around and Ramp to Tower Court 300 LF $150 $45,000 Galvanized Metal Railing Along Road at Turn-Around 200 LF $100 $20,000 Benches 11 EA $5,000 $55,000 Stone Wall West of Tower (34")85 LF $250 $21,250 Customized Pre-manufactured Single Vault Toilet 1 LS $50,000 $50,000 Call Box at Turnaround (does not include cable runs from source)1 LS $10,000 $10,000 Water Tank (temporary, non-potable for irrigation)1 LS $12,000 $12,000 Drainage and Bioretention Areas Allowance (C.3 Areas)1 LS $30,000 $30,000 Subtotal $524,900 EAST SUMMIT Summit Area ADA Pathways (6 ft. width)2,000 SF $12 $24,000 Bay Tree Viewing Cove (East Summit)1 LS $20,000 $20,000 Viewpoint (Stone Circular Seatwall)1 LS $40,000 $40,000 Subtotal $84,000 TERRACE (Minimal Improvements) Vehicular Gate for Restricted Access to Terrace 1 LS $7,500 $7,500 AC Paving Removal at Terrace Entry and Regrade to gravel surface 1 LS $10,000 $10,000 Minimal regrading to naturalize topography 1 LS $7,500 $7,500 Native Seeding 1 LS $2,000 $2,000 Subtotal $27,000 Preliminary Estimate of Probable Construction Costs Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC Planning and Natural Resources Committee's Preferred Option ITEM / DESCRIPTION QTY.UNIT COST TOTAL Preliminary Estimate of Probable Construction Costs SUMMIT STAIR In Grade Concrete Stairway and Railing (From Upper Parking Entry to West Summit)1 LS $300,000 $300,000 Retaining Walls at Stair Landings 1 LS $50,000 $50,000 Improvements at Base of Stair (Vehicle Pull-out / Pedestrian Landing)1 LS $30,000 $30,000 Subtotal $380,000 LOWER PARKING Lower Parking and Entry Road Section (AC Paving)25,000 SF $10 $250,000 Landing Zone (AC Paving)6,400 SF $10 $64,000 Concrete Pathways to Toilet and Crosswalk to Trailhead 1,000 SF $12 $12,000 Pre-manufactured Double Vault Toilet 1 LS $50,000 $50,000 Sign Board 1 LS $5,000 $5,000 Vehicular Gate for Restricted Access to Summit 1 LS $7,500 $7,500 Drainage and Bioretention Areas Allowance (C.3 Areas)1 LS $75,000 $75,000 Subtotal $463,500 TRAILHEAD Trailhead Area Aggregate Paving 2,500 SF $8 $20,000 Concrete Stairs and ADA Ramp 1 LS $25,000 $25,000 Split-Rail Fence 400 LF $40 $16,000 Benches 2 EA $3,000 $6,000 Sign Board 1 LS $5,000 $5,000 Picnic Shelter (Solid Roof w/ Stone Walls)1 LS $275,000 $275,000 Subtotal $347,000 EQUESTRIAN TERRACE (BELOW TRAILHEAD) Housing Trail (4 ft. width)9,000 SF $12 $108,000 Equestrian Staging Area 1 LS $20,000 $20,000 Parking Area (AC Paving)1 LS $45,000 $45,000 Picnic Area 1 LS $20,000 $20,000 Water Tank (non-potable for fire)1 LS $12,000 $12,000 Subtotal $205,000 INTERPRETIVE AND SIGNAGE Interpretive Allowance (Summit and Tower Areas)1 LS $100,000 $100,000 Site, Trail, and Regulatory Signage 1 LS $30,000 $30,000 Subtotal $130,000 OPTION B SUBTOTAL $3,182,200 General Conditions (Mobilization, O+P - 15% of total)$477,330 SUBTOTAL with General Conditions $3,659,530 Design Fee Contingency (15%)$548,930 PNR Committee's Preferred Option TOTAL $4,208,460 ADDITIONAL / EXCLUDED ITEMS MROSD Soft Costs, Survey, Permits, Coordination and Project Management Excluded Summit Approach Road (Estimate is for Summit Court, Turn-around, Parking Areas Only)Excluded Site Geotechnical Slope Stability Studies and Implementation Excluded Water and Electrical Service for Temporary Irrigation System Excluded 40-Year Maintenance Cost (Basic Maintenance Assumed to be Provided by MROSD)Excluded Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION A ITEM / DESCRIPTION QTY.UNIT COST TOTAL GENERAL SITE WORK Demolition (Misc.Site Work, Prep Base of Tower For Public Access)1 LS $50,000 $50,000 Rough Grade Summit, Tower, Parking Areas and Trailhead 1 LS $350,000 $350,000 Subtotal $400,000 GENERAL RESTORATION WORK Native Seeding 1 LS $30,000 $30,000 Rock Outcrops for Renaturalized Revegetation Areas (From Site or Imported)1 LS $50,000 $50,000 Soil Preparation 1 LS $100,000 $100,000 Revegetation of Restoration Areas 1 LS $200,000 $200,000 Irrigation Allowance 1 LS $100,000 $100,000 Subtotal $480,000 WEST SUMMIT Summit Area ADA Pathways (6 ft. width)3,400 SF $12 $40,800 Summit Viewing Coves Stone or Concrete Walls (West Summit)4 EA $20,000 $80,000 Ceremonial Space (West Summit)1 LS $20,000 $20,000 Subtotal $140,800 TURN-AROUND AND TOWER AREA Turn-Around and Adjacent Road (AC Paving - Summit Approach Road Excluded)8,000 SF $12 $96,000 Bollards/Barriers at Turn-Around 1 LS $30,000 $30,000 Truncated Domes at Turn-Around 1 LS $15,000 $15,000 Concrete Paving at Turn-Around, Path To 1st Viewing Cove, Ramp to Tower Court 6,000 SF $12 $72,000 Aggregate Paved ADA Court Around Tower 5,300 SF $8 $42,400 Breezeway Shelter at Tower (Steel)1 LS $200,000 $200,000 Guardrail along Northside of Tower/Court 175 LF $150 $26,250 Stone curb (9") around Turn-Around and Ramp to Tower Court 300 LF $150 $45,000 Galvanized Metal Railing Along Road at Turn-Around 200 LF $100 $20,000 Benches 11 EA $5,000 $55,000 Stone Wall West of Tower (34")85 LF $250 $21,250 Customized Pre-manufactured Single Vault Toilet 1 LS $50,000 $50,000 Call Box at Turnaround (does not include cable runs from source)1 LS $10,000 $10,000 Water Tank (temporary, non-potable for irrigation)1 LS $12,000 $12,000 Drainage and Bioretention Areas Allowance (C.3 Areas)1 LS $30,000 $30,000 Subtotal $724,900 EAST SUMMIT Summit Area ADA Pathways (6 ft. width)2,000 SF $12 $24,000 Bay Tree Viewing Cove (East Summit)1 LS $20,000 $20,000 Viewpoint (Circular Stone Seatwall)1 LS $40,000 $40,000 Subtotal $84,000 TERRACE - RENATURALIZED Rough Grading and Rock Slope Naturalization 1 LS $300,000 $300,000 Native Seeding 1 LS $12,500 $12,500 Rock Outcrops for Renaturalized Revegetation Areas (From Site Areas or Imported)1 LS $50,000 $50,000 Soil Preparation 1 LS $25,000 $25,000 Revegetation of Restoration Areas 1 LS $50,000 $50,000 Irrigation Allowance 1 LS $30,000 $30,000 Subtotal $467,500 Preliminary Estimate of Probable Construction Costs Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION A ITEM / DESCRIPTION QTY.UNIT COST TOTAL Preliminary Estimate of Probable Construction Costs SUMMIT STAIR In Grade Concrete Stairway and Railing (From Upper Parking Entry to West Summit)1 LS $300,000 $300,000 Retaining Walls at Stair Landings 1 LS $50,000 $50,000 Improvements at Base of Stair (Vehicle Pull-out / Pedestrian Landing)1 LS $30,000 $30,000 Subtotal $380,000 LOWER PARKING Lower Parking and Entry Road Section (AC Paving)25,000 SF $10 $250,000 Landing Zone (AC Paving)6,400 SF $10 $64,000 Concrete Pathways to Toilet and Crosswalk to Trailhead 1,000 SF $12 $12,000 Custom Pre-manufactured Double Vault Toilet 1 LS $75,000 $75,000 Sign Board 1 LS $5,000 $5,000 Vehicular Gate for Restricted Access to Summit 1 LS $7,500 $7,500 Drainage and Bioretention Areas Allowance (C.3 Areas)1 LS $75,000 $75,000 Subtotal $488,500 TRAILHEAD Trailhead Area Aggregate Paving 2,500 SF $8 $20,000 Concrete Stairs and ADA Ramp 1 LS $25,000 $25,000 Split-Rail Fence 400 LF $40 $16,000 Benches 2 EA $3,000 $6,000 Sign Board 1 LS $5,000 $5,000 Picnic Shelter (Solid Roof w/ Stone Walls)1 LS $275,000 $275,000 Subtotal $347,000 EQUESTRIAN TERRACE (BELOW TRAILHEAD) Housing Trail (4 ft. width)9,000 SF $12 $108,000 Equestrian Staging Area 1 LS $20,000 $20,000 Parking Area (AC Paving)1 LS $45,000 $45,000 Picnic Area 1 LS $20,000 $20,000 Water Tank (non-potable for fire)1 LS $12,000 $12,000 Subtotal $205,000 INTERPRETIVE AND SIGNAGE Interpretive Allowance (Summit and Tower Areas)1 LS $100,000 $100,000 Site, Trail, and Regulatory Signage 1 LS $30,000 $30,000 Subtotal $130,000 OPTION A SUBTOTAL $3,847,700 General Conditions (Mobilization, O+P - 15% of total)$577,155 SUBTOTAL with General Conditions $4,424,855 Design Fee Contingency (15%)$663,728 OPTION A TOTAL $5,088,583 Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION A ITEM / DESCRIPTION QTY.UNIT COST TOTAL Preliminary Estimate of Probable Construction Costs ADDITIONAL / EXCLUDED ITEMS MROSD Soft Costs, Survey, Permits, Coordination and Project Management Excluded Summit Approach Road (Estimate is for Summit Court, Turn-around, Parking Areas Only)Excluded Site Geotechnical Slope Stability Studies and Implementation Excluded Water and Electrical Service for Temporary Irrigation System Excluded 40-Year Maintenance Cost (Basic Maintenance Assumed to be Provided by MROSD)Excluded TERRACE ALTERNATE - Full Build-out QTY.UNIT COST SUBTOTAL Upper Parking at Terrace (AC Paving)12,500 SF $10 $125,000 Improvements to Upper Parking Entry (Regrading, Widen Road, Retaining Walls)1 LS $150,000 $150,000 Concrete Pathways to Shelter, Toilet and Stair 1,400 SF $12 $16,800 Picnic Shelter (Post and Beam w/ Seatwall)1 LS $100,000 $100,000 Custom Pre-manufactured Double Vault Toilet 1 LS $75,000 $75,000 Benches 4 EA $3,000 $12,000 Sign Board 1 LS $5,000 $5,000 Drainage and Bioretention Areas Allowance (C.3 Planters)1 LS $30,000 $30,000 SUBTOTAL $513,800 $513,800 replaces the Upper Parking Restoration cost of $467,000 for an add of $46,300 Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION B ITEM / DESCRIPTION QTY.UNIT COST TOTAL GENERAL SITE WORK Demolition (Misc.Site Work, Prep Base of Tower For Public Access)1 LS $50,000 $50,000 Rough Grade Summit, Tower, Parking Areas and Trailhead 1 LS $350,000 $350,000 Subtotal $400,000 GENERAL RESTORATION WORK Native Seeding 1 LS $30,000 $30,000 Rock Outcrops for Renaturalized Revegetation Areas (From Site Areas or Imported)1 LS $50,000 $50,000 Soil Preparation 1 LS $100,000 $100,000 Revegetation of Restoration Areas 1 LS $200,000 $200,000 Irrigation Allowance 1 LS $100,000 $100,000 Subtotal $480,000 WEST SUMMIT Summit Area ADA Pathways (6 ft. width)3,400 SF $12 $40,800 Summit Viewing Coves Stone or Concrete Walls (West Summit)4 EA $20,000 $80,000 Ceremonial Space (West Summit)1 LS $20,000 $20,000 Subtotal $140,800 TURN-AROUND AND TOWER AREA Turn-Around and Adjacent Road (AC Paving - Summit Approach Road Excluded)8,000 SF $12 $96,000 Bollards/Barriers at Turn-Around 1 LS $30,000 $30,000 Truncated Domes at Turn-Around 1 LS $15,000 $15,000 Concrete Paving at Turn-Around, Path To 1st Viewing Cove, Ramp to Tower Court 6,000 SF $12 $72,000 Aggregate Paved ADA Court Around Tower 5,300 SF $8 $42,400 Breezeway Shelter at Tower (Steel)1 LS $200,000 $200,000 Guardrail along Northside of Tower/Court 175 LF $150 $26,250 Stone curb (9") around Turn-Around and Ramp to Tower Court 300 LF $150 $45,000 Galvanized Metal Railing Along Road at Turn-Around 200 LF $100 $20,000 Benches 11 EA $5,000 $55,000 Stone Wall West of Tower (34")85 LF $250 $21,250 Customized Pre-manufactured Single Vault Toilet 1 LS $50,000 $50,000 Call Box at Turnaround (does not include cable runs from source)1 LS $10,000 $10,000 Water Tank (temporary, non-potable for irrigation)1 LS $12,000 $12,000 Drainage and Bioretention Areas Allowance (C.3 Areas)1 LS $30,000 $30,000 Subtotal $724,900 EAST SUMMIT Summit Area ADA Pathways (6 ft. width)2,000 SF $12 $24,000 Bay Tree Viewing Cove (East Summit)1 LS $20,000 $20,000 Viewpoint (Stone Circular Seatwall)1 LS $40,000 $40,000 Subtotal $84,000 TERRACE (Minimal Improvements) Vehicular Gate for Restricted Access to Terrace 1 LS $7,500 $7,500 AC Paving Removal at Parking Entry and Regrade to gravel surface 1 LS $10,000 $10,000 Minimal regrading to naturalize topography 1 LS $7,500 $7,500 Native Seeding 1 LS $2,000 $2,000 Subtotal $27,000 SUMMIT STAIR Not included Preliminary Estimate of Probable Construction Costs Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION B ITEM / DESCRIPTION QTY.UNIT COST TOTAL Preliminary Estimate of Probable Construction Costs LOWER PARKING Lower Parking and Entry Road Section (AC Paving)25,000 SF $10 $250,000 Landing Zone (AC Paving)6,400 SF $10 $64,000 Concrete Pathways to Toilet and Crosswalk to Trailhead 1,000 SF $12 $12,000 Pre-manufactured Double Vault Toilet 1 LS $50,000 $50,000 Sign Board 1 LS $5,000 $5,000 Vehicular Gate for Restricted Access to Summit 1 LS $7,500 $7,500 Drainage and Bioretention Areas Allowance (C.3 Areas)1 LS $75,000 $75,000 Subtotal $463,500 TRAILHEAD Trailhead Area Aggregate Paving 2,500 SF $8 $20,000 Concrete Stairs and ADA Ramp 1 LS $25,000 $25,000 Split-Rail Fence 400 LF $40 $16,000 Benches 2 EA $3,000 $6,000 Sign Board 1 LS $5,000 $5,000 Picnic Shelter (Post and Beam w/ Seatwall)1 LS $100,000 $100,000 Subtotal $172,000 EQUESTRIAN TERRACE (BELOW TRAILHEAD) Housing Trail (4 ft. width)9,000 SF $12 $108,000 Equestrian Staging Area 1 LS $20,000 $20,000 Parking Area (AC Paving)1 LS $45,000 $45,000 Picnic Area 1 LS $20,000 $20,000 Water Tank (non-potable for fire)1 LS $12,000 $12,000 Subtotal $205,000 INTERPRETIVE AND SIGNAGE Interpretive Allowance (Summit and Tower Areas)1 LS $100,000 $100,000 Site, Trail, and Regulatory Signage 1 LS $30,000 $30,000 Subtotal $130,000 OPTION B SUBTOTAL $2,827,200 General Conditions (Mobilization, O+P - 15% of total)$424,080 SUBTOTAL with General Conditions $3,251,280 Design Fee Contingency (15%)$487,692 OPTION B TOTAL $3,738,972 ADDITIONAL / EXCLUDED ITEMS MROSD Soft Costs, Survey, Permits, Coordination and Project Management Excluded Summit Approach Road (Estimate is for Summit Court, Turn-around, Parking Areas Only)Excluded Site Geotechnical Slope Stability Studies and Implementation Excluded Water and Electrical Service for Temporary Irrigation System Excluded 40-Year Maintenance Cost (Basic Maintenance Assumed to be Provided by MROSD)Excluded Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION C ITEM / DESCRIPTION QTY.UNIT COST TOTAL GENERAL SITE WORK Demolition (Misc.Site Work, Prep Base of Tower For Public Access)1 LS $50,000 $50,000 Rough Grade Summit, Tower, Parking Areas and Trailhead 1 LS $350,000 $350,000 Subtotal $400,000 GENERAL RESTORATION WORK Native Seeding 1 LS $30,000 $30,000 Rock Outcrops for Renaturalized Revegetation Areas (From Site Areas or Imported)1 LS $50,000 $50,000 Soil Preparation 1 LS $100,000 $100,000 Revegetation of Restoration Areas 1 LS $200,000 $200,000 Irrigation Allowance 1 LS $100,000 $100,000 Subtotal $480,000 WEST SUMMIT Summit Area ADA Pathways (6 ft. width)3,400 SF $12 $40,800 Summit Viewing Coves Log Benches (West Summit)4 EA $7,500 $30,000 Ceremonial Space (West Summit)1 LS $15,000 $15,000 Subtotal $85,800 TURN-AROUND AND TOWER AREA (Reduced Turn-Around w/ 2 ADA Stalls) Turn-Around & Adjacent Road (AC Paving - Summit Approach Road Excluded)6,500 SF $12 $78,000 Bollards/Barriers at Turn-Around 1 LS $15,000 $15,000 Truncated Domes at Turn-Around 1 LS $15,000 $15,000 Concrete Paving at Turn-Around, Path To 1st Viewing Cove, Ramp to Tower Court 5,000 SF $12 $60,000 Aggregate Paved ADA Court Around Tower 5,300 SF $8 $42,400 Guardrail along Northside of Tower/Court 175 LF $150 $26,250 Split-Rail Fence Along Road at Turn-Around 200 LF $40 $8,000 Benches 9 EA $5,000 $45,000 Customized Pre-manufactured Single Vault Toilet 1 LS $50,000 $50,000 Call Box at Turnaround (does not include cable runs from source)1 LS $10,000 $10,000 Water Tank (temporary, non-potable for irrigation)1 LS $12,000 $12,000 Drainage and Bioretention Areas Allowance (C.3 Planters)1 LS $30,000 $30,000 Subtotal $391,650 EAST SUMMIT Summit Area ADA Pathways (6 ft. width)2,000 SF $12 $24,000 Viewpoint (Aggregate Paving w/ Log Benches)1 LS $20,000 $20,000 Subtotal $44,000 TERRACE (Minimal Improvements) Vehicular Gate for Restricted Access to Terrace 1 LS $7,500 $7,500 AC Paving Removal at Terrace Entry and Regrade to gravel surface 1 LS $10,000 $10,000 Minimal regrading to naturalize topography 1 LS $7,500 $7,500 Native Seeding 1 LS $2,000 $2,000 Subtotal $27,000 SUMMIT STAIR Not included Preliminary Estimate of Probable Construction Costs Attachment 5 Mount Umunhum Summit Project - Schematic Plan 8/26/2015 Midpeninsula Regional Open Space District / Restoration Design Group, LLC OPTION C ITEM / DESCRIPTION QTY.UNIT COST TOTAL Preliminary Estimate of Probable Construction Costs LOWER PARKING (Reduced Size) Partial Lower Parking and Entry Road Section (AC Paving)15,000 SF $10 $150,000 Landing Zone (Compacted Earth Surfacing)6,400 SF $3 $19,200 Concrete Pathways to Toilet and Crosswalk to Trailhead 1,000 SF $12 $12,000 Pre-manufactured Double Vault Toilet 1 LS $50,000 $50,000 Sign Board 1 LS $5,000 $5,000 Vehicular Gate for Restricted Access to Summit 1 LS $7,500 $7,500 Drainage and Bioretention Areas Allowance (C.3 Planters)1 LS $50,000 $50,000 Subtotal $293,700 TRAILHEAD (Reduced Amenities) Trailhead Area Aggregate Paving 1,000 SF $8 $8,000 Timber Stairs 1 LS $5,000 $5,000 Split-Rail Fence 150 LF $40 $6,000 Benches 2 EA $3,000 $6,000 Sign Board 1 LS $5,000 $5,000 Subtotal $30,000 EQUESTRIAN TERRACE (BELOW TRAILHEAD) No improvements in this area INTERPRETIVE AND SIGNAGE Interpretive Allowance (Summit and Tower Areas)1 LS $100,000 $100,000 Site, Trail, and Regulatory Signage 1 LS $30,000 $30,000 Subtotal $130,000 OPTION C SUBTOTAL $1,882,150 General Conditions (Mobilization, O+P - 15% of total)$282,323 SUBTOTAL with General Conditions $2,164,473 Design Fee Contingency (15%)$324,671 OPTION C TOTAL $2,489,143 ADDITIONAL / EXCLUDED ITEMS MROSD Soft Costs, Survey, Permits, Coordination and Project Management Excluded Summit Approach Road (Estimate is for Summit Court, Turn-around, Parking Areas Only)Excluded Site Geotechnical Slope Stability Studies and Implementation Excluded Water and Electrical Service for Temporary Irrigation System Excluded 40-Year Maintenance Cost (Basic Maintenance Assumed to be Provided by MROSD)Excluded Attachment 5 From:Jennifer Woodworth Subject:Board Questions for 8/26/15 Agenda Date:Wednesday, August 26, 2015 12:01:32 PM Attachments:BILL ANALYSIS AB665.docx 2014.03.12_REPORT_Resource Grants_r-14-55.pdf FOSM Org Chart.pdf Good afternoon all, Please see the responses below in blue to Board questions received for tonight’s agenda. Also attached is the bill analysis for AB665, which Steve previously emailed you regarding the District’s opposition to this bill. From Director Cyr: Why is IT manager salary lower than the other managers? Under the FOSM-recommended organizational structure, IST, Finance, and HR are Divisions in the Finance and Administrative Services Department. In addition to the IST Manager being classified as a Division Manager and not a Department Manager, the market comparison survey showed the median top-range salary of comparators to be 8.35% below the District's Department Manager classification. Therefore, the General Manager's recommendation is to place this position at the salary range closest to the market median, which is range 48 at 7.62% below the Department Manager range. From Director Kishimoto: Claims - what’s this item for Stanford to do Upland cultural and historic landscape pilot project? The Upland Cultural and Historic Landscape Pilot Project is one of the grantees of the District’s Resource Grants Program. This project was awarded funding in 2014 and the Board Report is attached. Item 5 - management exchange. This is a great staff development program, but will the two in- bound employees be contributing to our organization and possibly (partially) off-setting the loss of our IT administrator elsewhere in the organization? The Management Talent Exchange Program is designed to not only to be a benefit for the participating employees as a professional development and growth opportunity, but equally to the participating agencies in both expanding the skills set and leadership potential of its own participating staff for succession planning and capacity growth, and also by bringing in new, high- level resources to accomplish discreet, complex, and important assignments and projects for the agency. This year, the District is sending its IT Administrator and are fortunate to in exchange receive two upper level public sector employees: Fred Ho, a Senior Civil Engineer from City of Campbell, who will be working for the District's General Manager's Office and David DeLong, a Program Manager from the City of San Jose, who will be working for the District's Planning and Natural Resources Departments. Fred will be working on the following projects for the District: 1. Developing financial and budgeting processes and forms to enhance the District's preparation for the first full year of Measure AA project delivery. 2. Working out of the General Manager's Office and in close collaboration with the Finance Department, the participant will more specifically: - Review and refine departmental budget preparation template worksheets and work-flow processes; - Research and develop options for an Annual Report template document for reporting to the public on Measure AA progress and finances; 3. Assist with other special projects in the General Manager's Office during this exciting and busy time of District growth and change in fulfilling Measure AA promises. David will be working on the following: 1. Development of a Historic Structures Policy (an important Board policy item for which we have not had enough capacity to pursue). Includes research, outreach to agencies, identify key issues and processes associated with addressing historic structures. Develop a plan and policy framework for addressing historic structures within District preserves and report on the findings to Management Team. Review local County and City ordinances addressing historic preservation; National and State guidelines for cultural and historic resource preservation. Familiarize with State Office of Historic Preservation's role and document the public participation process with regards to local planning review and permitting discretion. As needed, attend meetings and build relationships with local planning staff and understand the role and functions of Historical Heritage Commissions and Historic Resource Advisory Boards. 2. Carbon Sequestration Climate Change Analysis (an important Action Plan project that may have positive financial implications and needs additional capacity to pursue). Includes project scoping, selection of expert consultants and management of work, conducting research on viable models, impacts assessment on District operations, and preparation of a findings report Item 6 - grazing tenant. I couldn’t find Bar DX Livestock listed anywhere. Is it a new name? Bar DX is a business that is owned and managed by Ronnie and Bartley Seever out of Castro Valley. Both Ronnie and Bartley grew up in long time ranching families helping their families cattle ranching business as well as their own and friends ranching projects. It is a new business created for the proposal to graze Mindego Ranch. Item 7 - new positions. * CFO position - no mention of how controller fits in picture? * Could we see an org chart - possibly the one from FOSM. How are the responsibilities divided among CFO and 2 AGMs? The CFO will work closely with the Controller on all financial matters in which the Controller is involved as the Board's appointee. As shown on the enclosed FOSM organizational chart, the CFO will report directly to the General Manager, but there is a "dotted-line" working relationship with the Controller. The CFO will provide high level strategic financial analysis, forecasting, modeling, and budgeting for the District. In addition to being responsible for the Finance Division, the CFO will also be responsible for the Human Resources Division and the Information Systems and Technology Division. The organizational chart is attached. Jennifer Woodworth, CMC District Clerk jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 665| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 665 Author: Frazier (D) Amended: 8/18/15 in Senate Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 6/23/15 AYES: Pavley, Stone, Hertzberg, Hueso, Monning, Vidak, Wolk NO VOTE RECORDED: Allen, Jackson SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote SUBJECT: Hunting or fishing: local regulation SOURCE: California Waterfowl Association DIGEST: This bill provides that (1) the state fully occupies the field of the taking and possession of fish and game, and (2) unless authorized by the Fish and Game Code or other state or federal law, that the Department of Fish and Wildlife (DFW) and the California Fish and Game Commission (FGC) are the only entities that may regulate hunting and fishing on the lands and waters of California. The bill expressly preempts any local ordinance or regulation relating to the taking or possession of fish and game. The bill also makes other related changes to the Fish and Game Code. ANALYSIS: AB 665 Page 2 Existing law: 1)Authorizes the Legislature, in the California Constitution, to delegate to the FGC powers relating to the protection and propagation of fish and game. 2)Provides that the Legislature, by statute, has delegated to the FGC the power to regulate the taking or possession of fish and game, in accordance with state fish and game laws. 3)Guarantees in the California Constitution the right to fish on the public lands and waters of the state and prohibits laws that impede access to these lands and waters for the purpose of fishing. 4)Gives local governments authority, under the California Constitution, to make and enforce within their limits all local, police, sanitary and other ordinances and regulations not in conflict with general law. Courts have held that a city or county may adopt an ordinance that only incidentally affects fishing and hunting if the primary purpose of the ordinance is for the protection of public health and safety. This bill: 1)Contains findings and declarations relating the legal history of local government authority to regulate hunting and fishing that concludes, as noted above, that local governments' current authority is limited to ordinances that only incidentally affect fishing and hunting through ordinances that have the primary purpose of public health and safety protection. 2)Provides that the state fully occupies the field of the taking and possession of fish and game pursuant to the Fish and Game Code, regulations adopted by the FGC pursuant to the Fish and Game Code, and Section 20 of Article IV of the California Constitution, and that all local ordinances and regulations are subject to this section. 3)Prohibits a city or county from adopting an ordinance or regulation within its jurisdiction regarding the taking or possession of fish and game unless expressly authorized by the Fish and Game Code, other state law, or federal law. AB 665 Page 3 4)Requires the FGC and DFW, or any other governmental entity legally authorized to affect hunting and fishing on navigable waters held in public trust to ensure that the fishing and hunting rights of the public guaranteed under the Constitution are protected. 5)Provides that nothing in this bill prohibits a public or private landowner or their designee from controlling access or use, including hunting and fishing, on property that the landowner owns in fee, leases, holds an easement upon, or is otherwise expressly authorized to control for those purposes in a manner consistent with state law. 6)Contains a savings clause stating both that employees or agents of the department performing their official duties are covered by the bill and that these provisions do not affect other existing legal protections for fish and game-related management, recreation, or other activities not mentioned in the bill. 7)States legislative intent that local governments with an interest in restricting hunting or fishing within their jurisdiction should do so through regulations of the FGC. 8)Provides that the FGC regulation of the take or possession of specified wildlife shall include public health and safety. 9)Deletes the requirement in section 3004 of the Fish and Game Code for a showing of "recklessness" as a condition for a misdemeanor conviction of a person for the unlawful discharge of a weapon, but retains the provision that such unlawful discharge must be intentional. Comments 1)Local Ordinances. The Senate Natural Resources Committee attempted to identify local ordinances to determine if there are examples of ordinances that unreasonably interfere with hunting and fishing. Nine were identified, but this may not be an exhaustive list. a) The first example was a proposed ordinance from Hermosa AB 665 Page 4 Beach. There, following a 2014 incident at the pier at which a juvenile white shark was hooked and bit a fisherman, the city considered further restrictions on fishing that were more restrictive than state law. However, the amendments to the ordinance were never adopted. b) The second involves proposed amendments to an ordinance from East Bay Regional Park District which would prohibit discharge of a firearm within 150 feet of a trail, level, road, or developed recreation area. In opposing this regulation, the sponsor of AB 665 suggested that the district instead pursue violators through violations enumerated in the Penal Code and the Fish and Game Code. One such Penal Code provision (section 246.3 (a)) provides that "[any] person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense?" Violations may be charged either as a misdemeanor or a felony, according to the sponsor. This provision requires a showing of "gross negligence" which requires the actor to have a specific criminal intent that would not be necessary to prove if the district could show, pursuant to its ordinance, a discharge within 150 feet of a trail or the other features mentioned in its ordinance. It may be that an ordinance is more enforceable from the perspective of the district than the Penal Code provision. A second provision, Section 3004 (b) of the Fish and Game Code, prohibits the intentional discharge of a firearm across any public road or other established way that is open to the public in an unsafe and reckless manner. This provision can be charged as a misdemeanor. As noted, this bill would delete the requirement of a showing of recklessness. For its part, the East Bay Park District acknowledges that hunting is regulated by the Fish and Game Code. However, it believes its ordinance fits within the "incidentally affects" description that is authorized by existing law but that would be prohibited by this bill. Its argument is summarized below in opposition statements. c) The third example is from Redwood City which specifically adopts the regulations of the Fish and Game AB 665 Page 5 Commission for hunting, but creates additional zones within its city limits where hunting along the San Francisco Bay is prohibited. The sponsors consider this an example of exactly what should not be allowed in local ordinances. d) Sacramento County has an ordinance authorizing the sheriff to issue county hunting licenses. e) The City of Hercules had an ordinance prohibiting the discharge of weapons within city limits. Its city limits extended two miles into the Bay, with an obvious effect on waterfowl hunting. It agreed not to enforce that aspect of its ordinance. f) The County of Los Angeles has an ordinance prohibiting the discharge of any weapon, including shotguns, within mile of a structure. The sponsors consider this a de facto ban on hunting in the county. The county considers it a reasonable measure for public safety protection. g) The County of Santa Cruz has an ordinance prohibiting the discharge of weapons within significant blocks of the county that are described in lengthy legal descriptions of the specified properties. h) Riverside County. Its ordinance has several closed or restricted areas to the use of firearms, including shotguns and air rifles, including expanded distance requirements from buildings and other structures that are greater than the distance in state law (150 yards). i) San Bernardino County. Its ordinance specifies where hunting is allowed, including in areas with restrictions where only shotguns may be used. It also prohibits the discharge of firearms in several areas except for depredation. 2)Pre-emption. Local ordinances are invalid if they attempt to impose requirements in a field that is preempted by state law. Local ordinances may be preempted where the Legislature adopts a general scheme for regulation that indicates intent, expressly or implied, by the state to occupy a particular field to the exclusion of local laws. (See In re Lane, 58 Cal.2d. 99, Pipoly v. Benson (1942) 20 Cal.2d. 366, and AB 665 Page 6 Sherwin-Williams Co. v. City of Los Angeles (1993) 4. Cal.4th 893.) The California Constitution, Article XI, Section 7, gives local governments broad police powers. The California Constitution, as amended in 1902, also provides that the Legislature may provide for the division of the state into fish and game districts and may enact such laws for the protection of fish and game as it deems appropriate. The California Supreme Court in In re Makings (1927) 200 Cal. 174 held that the purpose of this amendment was to take from local authorities the right to regulate fish and game and to invest such power exclusively in the state. In a 1986 opinion, the Attorney General analyzed both of these constitutional provisions and opined that a county may by ordinance adopt laws regulating certain methods of hunting within its jurisdiction where such action is necessary to protect public health and safety, and where the local ordinance only incidentally affects the field of hunting. The particular ordinance in question banned steel-jawed leg hold traps. Attorney General opinions are persuasive authority but not binding on courts. The 1986 Attorney General opinion relied in part on the reasoning of the Court of Appeal in People v. Mueller (1970) 8 Cal.App.3d 949. The court in that case found a local ordinance regulating fishing to be valid, and held that if the primary purpose of the ordinance is the protection of public health and safety, and the ordinance affects hunting and fishing only incidentally, the ordinance is a valid exercise of the local police power. 3)The lingering tension in state law. Some who acknowledge that hunting and fishing regulations are exclusively the domain of the state and that local hunting and fishing ordinances are justifiably pre-empted may have a lingering question regarding the effect of such preemption on local ordinances that prohibit the illegal discharge of firearms in a context unrelated to hunting. An Assembly amendment attempted to address this question by clarifying that local ordinances would not be prohibited when expressly authorized by the Fish and Game Code, federal law, or "other state laws" including the constitutional provision granting local governments various police powers to protect AB 665 Page 7 public health and safety. It remains to be seen if this amendment persuades the opposition (or future courts) that local public health and safety ordinances would not be pre-empted since these are authorized by "other state laws." It seems clear that the intent of this amendment is that legitimate police power regulations of local governments derived from such other express provision of state law would remain in effect and would not be pre-empted. A primary example would seem to be a local ordinance that prohibits discharges of weapon which may be based on public safety grounds completely unmotivated and unrelated to a hunting regulation. That said, in this context, the word "expressly" in the Assembly amendment may be subject to some interpretation. Prior Legislation Previous bills on this topic were unsuccessful but were not completely identical to this bill. The previous bills were closer to "partial pre-emption" bills. AB 815 (Berryhill) of 2008 was substantially similar to this bill, except that AB 815 included language providing that local ordinances that regulate trapping were not subject to the state preemption provisions. (The trapping exclusion is now in AB 665 because of Assembly amendments.) AB 665 also includes additional language that was not in AB 815, specifically the provision that prohibits a city or county from adopting an ordinance or regulation within its jurisdiction "regarding" the taking or possession of fish and game. AB 815 was vetoed by the Governor. AB 2146 (Canciamilla) of 2006 was also substantially similar to this bill, except that it would have applied only to local ordinances adopted after the effective date of the bill and would have grandfathered in existing local ordinances. AB 2146 was held in the Senate. AB 979 (Berryhill) of 2010 was also substantially similar to this bill, except that it included language providing that a city or county may not adopt an ordinance or regulation that affects hunting or fishing unless the ordinance or regulation is AB 665 Page 8 both necessary to protect public health and safety and has only an incidental impact on the fields of hunting and fishing preempted by state law. It also included language limiting the bill's application to activities for which a hunting or fishing license is required by the state. AB 979 was vetoed by the Governor. This bill, on the other hand, is intended to fully pre-empt local ordinances without regard to the exceptions mentioned above. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified8/16/15) California Waterfowl Association (source) California Bowmen Hunters Association California Chapter Wild Sheep Foundation California Fish and Game Wardens' Association California Hawking Club California-Oregon Wetlands and Waterfowl Council California Rice Commission California Rifle and Pistol Association, Inc. California Sportfishing League California Sportsman's Lobby Delta Waterfowl Ducks Unlimited Firearms Policy Coalition Gaines & Associates Grassland Water District Mule Deer Foundation National Rifle Association National Shooting Sports Foundation, Inc. National Wild Turkey Federation Outdoor Sportsmen's Coalition of California Rocky Mountain Elk Foundation Safari Club International San Diego County Wildlife Federation Suisun Resource Conservation District AB 665 Page 9 The Black Brant Group The California Sportsmen's Lobby, Inc. The Sportfishing Conservancy Tulare Basin Wetlands Association OPPOSITION: (Verified8/16/15) City and County of San Francisco East Bay Regional Park District Hayward Area Recreation and Park District Marin Humane Society Project Coyote Public Interest Coalition Sierra Club California State Park Partners Coalition The Humane Society of the United States ARGUMENTS IN SUPPORT: The author indicates the purpose of this bill is to reaffirm the state's sole regulatory authority over the taking and possession of fish and game by prohibiting cities and counties from passing local ordinances that relate to the taking or possession of fish and game. This bill would also provide that unless otherwise stated by the Fish and Game Code or federal law, the FGC and the DFW are the only entities that may adopt or promulgate regulations regarding the taking or possession of fish and game on any lands or waters within the state. The author and sponsors state that local regulation by non-fish and game entities not only interferes with the comprehensive, centralized control of fish and game, but diminishes the role of science and wildlife professionals in wildlife regulatory decisions. The author asserts that it also creates significant enforcement issues for hunters and fishermen. While acknowledging that previous legal opinions have suggested that local governments could indirectly impact the taking of fish and game on non-state and non-federal lands if necessary to protect public safety, the author and sponsor assert that the Fish and Game Code and FGC would take public health and safety into account, pursuant to this bill, in crafting rules for fishing AB 665 Page 10 and hunting, and so additional local regulation for these purposes is not necessary. Finally, this bill also includes a provision stating that nothing in this bill prohibits a public or private landowner from controlling public access or public use, including hunting or fishing, on land the entity owns or manages. ARGUMENTS IN OPPOSITION: Opponents assert this bill is not needed since the constitution and the courts have already delineated the areas of state and local authority. They assert that this bill, in giving the FGC and DFW exclusive authority over fish and game matters, takes away the rights of cities and counties to safeguard their own citizens from potential dangers involved when fish and game are taken within their boundaries. They also assert this bill creates unintended consequences by invalidating numerous public safety and welfare ordinances already in place, including limits on the use of dangerous traps and firearms in certain areas populated by children and companion animals. As examples, the Humane Society points to the City of San Rafael's ban on the use of traps and poisons in city open space areas, a ban on snares and other body-gripping traps in the City of Los Angeles, and a ban on feeding of wildlife in city parks and other public spaces in the City of Berkeley. In summary, opponents argue cities and counties should continue to be allowed to adopt ordinances on matters that affect public health and safety, and the local regulatory process should be safeguarded from such a sweeping change. East Bay Regional Park District is very concerned that the bill could jeopardize public safety along its parks which include hundreds of acres of Bay waters and regional shorelines. In a photo submitted by the district, it is apparent that at high tide, hunters could have access to both sides of a slightly elevated trail. It requests an amendment authorizing a 150 yard safety buffer along its trails, roads, and near its developed areas. The State Parks Partners Coalition comprised of 15 local entities including Los Angeles County Parks and Recreation, East Bay Regional Parks, and Santa Clara County Open Space District is also opposed. While not anti-hunting, the coalition is concerned about the loss of local control in protecting public safety, and it questions the need for preemption of local AB 665 Page 11 ordinances particularly in situations where local recreational lands are partially or wholly inconsistent with hunting activities. The City and County of San Francisco adopted an oppose position on August 19th, 2015. Its opposition is based on its view that the discharge of firearms adjacent to or near public parks or general recreation lands presents an imminent public danger that cannot be adequately monitored or reconciled with existing state resources (given the chronic under-budgeting of DFW wardens). It also objects to the creation of this public danger through the preemption of local ordinances that presently govern its parklands. It fears that those parklands, could, through this bill, become adjacent to lands or waters that would be used for hunting. ASSEMBLY FLOOR: 77-0, 4/30/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Campos, Chávez, Gomez Prepared by:William Craven / N.R. & W. / (916) 651-4116 8/19/15 20:53:07 **** END **** AB 665 Page 12 R-14-55 Meeting 14-08 March 12, 2014 AGENDA ITEM 8 AGENDA ITEM Status Report on the Resource Management Grant Program GENERAL MANAGER’S RECOMMENDATION Receive a Status Report on the Resource Management Grant Program, including New Grant Recipients, as Approved by the General Manager. SUMMARY The Resource Management Grant Program (RMGP) has previously funded seven (7) research projects which have contributed to achieving the Midpeninsula Regional Open Space District’s (District) mission of resource stewardship through relevant scientific research. Since the current set of grants were nearing completion, a new Request for Proposals was released in November2013 in order to award the remaining available funds for the current fiscal year ($10,000) and award grants for the next five years, as specified under the Board-approved grant policy guidelines (adopted in 2007 and amended in 2010; see Attachment 1). DISCUSSION The District encourages and supports applied academic research that is relevant to its Preserves and its mission. In 2007 the Board approved the RMGP to foster and strengthen partnerships with researchers from academic institutions and advance the scientific understanding of natural processes. When applied, such knowledge furthers the District’s mission to provide low-intensity public recreation, environmental education, and sound resource stewardship. Grant awards provide up to $5,000 per year for any single project and provide up to $25,000 annually in total RMGP funding for all projects. Multi-year projects are considered, provided that the total amount of funding does not exceed $25,000 over five (5) consecutive years. The Grant team, composed of staff from several departments, has applied the grant policy criteria to select the most valuable research projects and the team’s recommended projects have subsequently been approved by the General Manager who is awarding funds as described below and under his authority as delegated by the Board. Past Grantees Past Grant recipients have contributed to our scientific understanding in a number of ways and forged successful partnerships which further the District’s mission. For example, UCSC mountain lion research, partially funded by the Districts RMGP, identified critical bottlenecks caused by major highways in the region as well as provided information on animal behavior in relation to human disturbance levels. In addition to writing peer-review publications on the subject, they provided education and outreach opportunities for students and the public to learn more about the species. R-14-55 Page 2 Other grants have provided useful information on seeding with natives in conjunction with weed control, identification of critical wildlife corridors in the region, pathways and limitations of non- native insect invasion into natural areas, and the level of genetic divergence among populations of an amphibian species. Projects such as the UCSC mountain lion studies and the Bay Area Critical Linkages study are being used in regional planning to develop wildlife corridors and target important habitat for conservation. Although science is sometimes not conclusive, such as in the case of a grantee who studied genetically distinct populations of California giant salamander, these studies push the topics forward and define the future work needed. Attachment 2 describes the past grant awards and the amounts awarded by the RMGP. Newly Selected Grantees On November 14 2013, a Request for Proposals was announced on the District website and through an email memo which was sent to 80 regional groups and individuals involved in relevant research. The Grant Team held an optional information session on November 20, 2013 for those interested in applying. Twenty (20) applications were received by the closing date of January 15, 2014 and scored according to the criteria established in the RMGP Policy. The top ranking 10 proposals were further considered by staff to ensure they met the grant requirements and to select award amounts based on the amount requested and funds available in order to maximize the number of projects that could be funded. Seven (7) research projects were selected for funding based on the available funds. Below are brief descriptions of these grant proposals (Attachment 3 provides more detail): 1. Fish Habitat in San Gregorio (San Francisco State University). This study will collect stream channel measurements and analyze them along with an existing large woody debris (LWD) inventory to help land managers identify priority sites for salmonid habitat enhancement projects along San Gregorio Creek. 2. Hicks Road Cultural Resource Assessment (Santa Clara University). This archeological site survey will benefit both the District by providing information on any Native American use as well as use associated with the historic Guadalupe Mines in the area; this project will also provide an educational opportunity to undergraduate students studying archeology. 3. Using Ecology to Recover Traditional Ecological Knowledge and Protect Cultural Resources (University of California, Berkeley). This project is designed to identify sites of ethnobotanical value, experiment with various traditional management practices on a small scale, and collect culturally significant plant materials for traditional use by the Amah Mutsun Tribal Band. 4. Quantifying the Impacts of Habitat Loss, Woody Plant Encroachment and Land Management Strategy on Coastal Montane Grassland Bird Communities (San Francisco Bay Bird Observatory). This research will quantify grassland encroachment, historical land use data, and compile existing regional bird surveys to determine effects on montane bird communities within the region. 5. Camera Trap Study of Wildlife Use of Conservation-grazed Coast Rangelands (California Academy of Sciences). This study will track the presence and habits of wildlife in several of the District’s coast preserves where verified observations of wildlife are sparse. 6. San Francisco Bay Area Cultural and Historic Landscape Pilot Project (Stanford University). This archeological study will use archival research, remote sensing, and field methods to predict and survey locations of potential former Native American land use in upland and foothill zones of District Preserves. 7. Monitoring Fire Weather and Fuels Conditions in a Changing Climate (San Jose State University). This research will improve the ability to predict sudden changes in fire danger level which are expected to become more common as fire seasons extend throughout the State. A combination of fuel sampling, weather data collection in the Mt. Umunhum area, R-14-55 Page 3 and analysis will be utilized to make better fire weather predictions available to fire agencies and the public. CEQA COMPLIANCE The project is categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15306 as follows: Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource. The District’s RMGP will fund research projects consistent with this exemption. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Notices were also sent to persons requesting notice of resource management activities. FISCAL IMPACT The Board previously authorized a maximum of $25,000 annually to fund the RMGP, although this maximum has not been reached every year in the past. Additionally, the grant policy specifies that each grant project may be awarded up to $5,000 per year and up to $25,000 per project in total over five years. The Natural Resources Department Budget for FY 2013-14 includes $25,000 in funds for the RMGP, as does FY 2014-15 budget. The total fiscal impact of the RMGP over fiscal years 2013- 14 through 2018-19 is $97,073. Attachment 3 specifies the amounts to be distributed in Fiscal Years 2013-14 through 2018-19. NEXT STEPS A staff member from the most appropriate Department (typically Natural Resources, Planning, or Public Affairs) will be assigned to act as project manager and establish a short form agreement with their grantee. Short form agreements are in keeping with similar small grants programs and will help keep overhead low for grantees as the Grant has a 10% overhead cap. The project manager will finalize the milestones, deliverables, and permit to enter District lands, making fund dispersals contingent upon satisfactory milestones and deliverables. A progress update will be provided to the Board within 2 years. Attachments: Attachment 1: Board Policy Resource Management Grant Program Attachment 2: Summary of Previous Research Grant Awards Attachment 3: Summary of New Research Grant Awards Responsible Department Manager: Kirk Lenington, Natural Resources Manager Prepared by: Joel Silverman, Resource Management Specialist I Board Policy RESOURCE MANAGEMENT GRANT PROGRAM Adopted by the Board of Directors November 14, 2007 Amended: November 17, 2010 Purpose: The District encourages and supports applied academic research on District preserves. Partnerships with researchers from academic institutions can provide the District and the larger scientific community with information that furthers the District’s mission, enhance public education, and advances scientific understanding of natural processes. The goal for the Resource Management Grant Program is to develop and strengthen local partnerships with researchers in support of the District’s mission. This policy establishes the guidelines by which District staff will solicit, review, award, and administer grant funds to meritorious projects. Background: Numerous academic research institutions are located within the San Francisco Bay Area, providing opportunities for the District to partner with researchers to make better informed decisions about land management and public outreach.. Numerous research projects have been conducted on District lands, however, given the diversity of natural habitats found on District lands and the volume of research questions of direct interest to District staff, fostering research opportunities will provide the District with applied research that is targeted specifically to the District’s needs. Partnerships with local academic institutions are a vital component to achieving the District’s mission to “protect and restore the natural environment”. Procedures: The following procedures will assist the General Manager in soliciting, reviewing, and awarding grant funds to research projects consistent with the District’s mission: 1. The Resource Management Grant Program (Program) will be an interdepartmental program jointly administered by the Planning, Operations, and Public Affairs Departments. Staff from these departments will collaboratively administer all aspects of the Program. 2. Grant awards will not exceed $5,000 for any one project annually and total annual Program funding will not exceed $25,000. Multi-year projects will be considered provided that the total amount of funding does not exceed $25,000 over five consecutive years, subject to approval in the District’s annual budget and an annual review by District staff to ensure satisfactory progress. 3. Eligible projects must, at a minimum, be sponsored by a faculty member of an accredited academic research institution. 4. Eligible projects must contribute information that aids in resource management, operational and maintenance actions, public outreach, or public use decisions by the District or provide a larger educational purpose that furthers the District mission. 5. Eligible projects must not result in permanent damage and/or impairment to habitats or natural resources on District lands and will be in compliance with the District’s Permit to Enter procedures (required for each research project). 6. The General Manager will establish a detailed evaluation and selection process to be used in reviewing eligible proposals in the form of Administrative Guidelines. Evaluation criteria will include but not be limited to the proposal promoting and accomplishing the District’s mission, advancing the District’s management of natural resources, enhancing the District’s interface with the public, establishing collaborative partnerships with research institutions, and advancing the general understanding of the natural environment. 7. A Request for Proposals will be released annually to solicit proposals for consideration for funding provided funding is available. Proposals will also be accepted throughout the year and considered for funding as received and as funding is available. 8. The General Manager will prepare an annual report to the Board of Directors on the Resource Management Grant Program that details the proposals received as well as those selected for funding, and the results of research received. 9. This Policy will be reviewed every five years from the date of approval. Attachment 2: Summary of Previous Resource Management Grant Awards Title Organization Academic Sponsor FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 FY 2013-14 Total Cost Per Grantee Development of an Invasive Argentine Ant Management Plan (2007-2011) Stanford University Stanford University $ 3,500.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 500.00 $ 25,000.00 Wildlife Corridor Stewardship Team Partnership (2008-2012) Foothill-De Anza College Foothill-De Anza College $ 4,500.00 $ 5,000.00 $ 500.00 $ 10,000.00 Genetic Distinction and Population Structure of the California Giant Salamander (2008) Sonoma State University Sonoma State University $ 4,500.00 $ 500.00 $ 5,000.00 Using Native Tarweeds to Manage Yellow Starthistle in California Grasslands (2008) UC Santa Cruz UC Santa Cruz $ 1,305.00 $ 1,305.00 Santa Cruz Mountains Puma Project (2009-2013) UC Santa Cruz UC Santa Cruz $ 4,500.00 $ 5,500.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 Rancher, Manager, and Scientist Forum on Rangeland Conservation, Central Rangeland Coalition (2009-2013)* Central Coast Rangeland Coalition (administered by Elkhorn Slough Foundation) UC Santa Cruz $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 20,000.00 Bay Area Critical Linkages (2009 - 2012) SC Wildlands UC Davis $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 Total Cost Per Year --3,500.00$ 16,305.00$ 20,000.00$ 16,000.00$ 20,000.00$ 10,500.00$ 15,000.00$ $ 101,305.00 Attachment 3: Summary of New Resource Management Grant Awards Title Organization Principal Investigator Academic Sponsor FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 Total $ Per Grant See Attachment 2 Pre-existing Grant Awards multiple multiple $ 10,000.00 $ 5,000.00 $ 15,000.00 San Francisco Bay Area Cultual and Historic Landscape Pilot Project Stanford University Wilcox Stanford University $ 5,000.00 $ 5,000.00 Hicks Road Cultural Resource Assessment Santa Clara University Panich Santa Clara University $ 1,650.00 $ 1,650.00 Using Ecology to Recover Traditional Ecological Knowledge and Protect Cultural Resources Amah Mutsun Tribal Band Reid UC Berkeley $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 Quantifying the Impacts of Habitat Loss, Woody Plant Encroachment and Land Management Strategy on Coastal Montane Grassland Bird Communities SFBBO Burns UC Santa Cruz $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 Camera Trap Study of Wildlife Use of Conservation-grazed Coast Rangelands Individual Hickman Cal Academy of Sciences $ 3,350.00 $ 2,994.00 $ 6,344.00 Fish Habitat in San Gregorio. SFSU Issel SFSU $ 5,000.00 $ 5,000.00 Monitoring Fire Weather and Fuels Conditions in a Changing Climate SJSU Vaccaro SJSU $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 4,079.00 $ 24,079.00 Total $ Per Year $ 25,000.00 $ 25,000.00 $ 17,994.00 $ 15,000.00 $ 10,000.00 $ 4,079.00 $ 82,073.00* *Grand Total Box Does Not Include Pre-existing Grant Award Amount ($15,000) From:Jennifer Woodworth Subject:Board Questions for 8/26/15 Date:Wednesday, August 26, 2015 3:47:47 PM Hi all, Please find the answers below in blue to Director Kishimoto’s questions regarding Item 9 on tonight’s agenda. * is there hang glider facility included in recommended version? Yes. The hang gliding would be considered a Special Use subject to permit. Hang gliders would launch from the area labeled "Terrace" that would be gated and used for special uses and special event parking. At the Planning & Natural Resources Committee meeting, the Committee recommended the hang gliding uses be discussed at a future time. * camping was not included in EIR, so not included A backpack camp was evaluated under CEQA for this project; however, the Board decided to remove camping from consideration for this phase of the summit area amenities. * wifi is postponed to future? Correct. The scope of interpretive services for this phase of the project is for signage and other interpretive materials that do not rely on technology. * when do we talk about the interpretive signs? (history, natural) Staff is actively working on the interpretive materials with the consultant and expect to return to the Committee in January or February 2016 with the designs. * I assume bike racks are included? Bike racks are included in the project but are not called out specifically on the Preferred Schematic Design, since this is a conceptual-level design drawing. * shuttle decision is postponed to future depending on demand? If we do one, enough turn around and waiting area? Correct. The turnaround at the summit is designed for large emergency vehicles and would also be suitable for shuttles. There is sufficient waiting area designed at the summit. * how many parking spaces in spillover area? There are no designated parking spaces in the Terrace because it will be also used for staff events where more vehicles can fit into the space without designated parking stalls. The Preferred Schematic Design plans for minimal site improvements for the initial phasing of the project development. * are we planning trash/recycling here or our normal “take it away with you”? The District's normal policy of "pack it in pack it out" applies to this project. Jennifer Woodworth, CMC District Clerk jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485