Loading...
HomeMy Public PortalAbout20150923 - Agenda Packet - Board of Directors (BOD) - 15-24 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 23, 2015 5:00 PM A G E N D A 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (GOVERNMENT CODE SECTION 54956.9(b)) One potential case 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Portions of the following properties identified as Santa Clara County Assessor Parcel Numbers 562-04-014, 562-08-012, and 562-22-017 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Scott McQueen and Michael Rossetta Under Negotiation: Terms of real property transactions 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. ADOPTION OF AGENDA CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, Meeting 15-24 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: September 9, 2015 2. Approve Claims Report 3. Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy (R-15-138) Staff Contact: Jennifer Woodworth, District Clerk General Manager’s Recommendation: Approve the Board Code of Conduct and revisions to the Board-Staff Working Relationships and Written Communications Policies. 4. Update to the 1978 Board Policy “Policies on Concessions on District Lands,” and New Fee Structure (R-15-139) Staff Contact: Michael Newburn, Operations Manager General Manager’s Recommendation: Review and approve the Legislative, Funding, and Public Affairs Committee’s recommended updates to the 1978 Board Policy “Policies on Concessions on District Lands,” and adopt a resolution approving the recommended new fee structure. 5. Revisions to Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy (R-15-127) Staff Contact: Ana Ruiz, Assistant General Manager General Manager’s Recommendation: Approve an amendment to Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy, to extend the period of prequalification for professional services from 2 years to 4 years. 6. Contract Amendments for Hazardous Materials Consulting Services (R-15-140) Staff Contact: Aaron Hébert, Project Manager General Manager’s Recommendation: 1. Approve a contract amendment and term extension with Hazardous Management Services, Inc., extending the contract two years through August 2018 and increasing the contract by $50,100, for a total amount not-to-exceed $75,000 to provide hazardous materials consulting services. 2. Approve a contract amendment and term extension with SCA Environmental, Inc., extending the contract two years through August 2018 and increasing the contract by $50,100, for a total amount not to exceed $75,000 to provide hazardous materials consulting services. 7. Funding of the United States Geologic Survey Streamgaging Station on San Gregorio Creek (R-15-137) Staff Contact: Kirk Lenington, Natural Resources Manager General Manager’s Recommendation: Authorize the General Manager to enter into a contract with the San Mateo County Resource Conservation District, for an amount not-to-exceed $27,950, to provide funding for the United States Geological Survey’s Streamgaging Station on San Gregorio Creek. 8. Contract for Completion of the Paulin and Houghton Remediation and Demolition Project at La Honda Creek Open Space Preserve and Debris Removal at El Corte de Madera Creek Open Space Preserve (R-15-143) Staff Contact: Aaron Hébert, Project Manager General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Randazzo Enterprises, Inc. of Castroville, CA, for a not-to-exceed amount of $91,437 to complete the Paulin and Houghton Remediation and Demolition Project at the La Honda Open Creek Space Preserve and debris removal at El Corte de Madera Creek Open Space Preserve (Project). The not-to-exceed amount includes a base bid of $74,520 and an additive alternate of $4,990 for demolition, remediation, and clean-up, and a 15% contingency amount of $11,927. 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. 9. City of San Carlos Ballot Measure V for Purpose of the Acquisition and Improvement of the Black Mountain Properties as a Public Park (R-15-141) Staff Contact: Kevin Woodhouse, Assistant General Manager General Manager’s Recommendation: 1. Discuss and potentially take action on alternatives for response to a request from the San Carlos Measure V Campaign to endorse Measure V; 2. Refer to the Legislative, Funding and Public Affairs Committee a work item for later in the fiscal year to develop a policy concerning Endorsements of Ballot Measures and Legislative Advocacy. 10. Santa Cruz Mountains Stewardship Network Memorandum of Agreement (R-15-142) Staff Contact: Kevin Woodhouse, Assistant General Manager General Manager’s Recommendation: Authorize the General Manager or his designee to sign on to the Memorandum of Agreement for the Santa Cruz Mountains Stewardship Network. INFORMATIONAL MEMORANDA • Construction and Demolition Waste Diversion Policy Implementation as part of the Mindego Ranch Demolition Project 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 September 18, 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 15-23 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, September 9, 2015 DRAFT MINUTES STUDY SESSION CALL TO ORDER President Siemens called the meeting to order at 6:02 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, and Pete Siemens Members Absent: Curt Riffle Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, and District Clerk Jennifer Woodworth 1. Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy (R-15-129) District Clerk Jennifer Woodworth provided the staff report summarizing the key aspects of the Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy. The members of the Board made several suggestions to each of the proposed policies to be included before the revised policies are brought back to the Board of Directors for approval. The Board recessed at 7:01 p.m. and reconvened at 7:06 p.m. with all Directors present. REGULAR MEETING CALL TO ORDER President Siemens called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:06 p.m. Meeting 15-22 Page 2 ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, and Pete Siemens Members Absent: Curt Riffle Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Natural Resources Manager Kirk Lenington, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, Human Resources Supervisor Candice Basnight, and District Clerk Jennifer Woodworth ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Riffle absent.) CONSENT CALENDAR 1. Approve August 26, 2015 Board Meeting Minutes. 2. Approve Claims Report 3. Naming of Commemorative Site for Herb Grench at Windy Hill Open Space Preserve (R-15-130) General Manager’s Recommendation: Approve the General Manager’s recommendation to name an overlook, install a standard bench and plaque, and dedicate an unnamed trail segment at Windy Hill Open Space Preserve in honor of Herb Grench, the Midpeninsula Regional Open Space District’s first General Manager who served from 1973-1993. 4. Award of Bid Contract for the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve (R-15-131) General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Cal West Construction General Building, Inc., for an amount not-to-exceed $86,595, which includes the base bid amount of $75,300 plus a 15% contingency of $11,295, to construct the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve. Motion: Director Cyr moved and Director Hanko seconded the motion to adopt the Consent Calendar. Meeting 15-22 Page 3 VOTE: 6-0-0 (Director Riffle absent.) BOARD BUSINESS 5. Addition of Two New Classifications and the Reclassification of Three District Positions in the Natural Resources Department and One District Position in the Administrative Services Department (R-15-134) Assistant General Manager Kevin Woodhouse provided introductory comments explaining that these reclassifications are largely the result of the FOSM and primarily within the Natural Resources Department. Human Resources Supervisor Candice Basnight summarized process used to develop and establish the new classifications and explained no new positions were being created. Ms. Basnight described the current and recommended classifications and described the changes to the current positions as proposed by the reclassifications. Ms. Basnight summarized the fiscal impact of the proposed reclassifications. Public comments opened at 7:33 p.m. No speakers present. Public comments closed at 7:33 p.m. Motion: Director Cyr moved, and Director Harris seconded the motion to: 1. Adopt a resolution amending the District’s Classification and Compensation Plan as follows: a. Addition of Resource Management Specialist III classification; b. Addition of Senior Finance and Accounting Technician classification; c. Removal of Senior Accounting Technician classification, to be replaced by Senior Finance and Accounting Technician classification. 2. Approve the following reclassifications of positions: a. Reclassification of a Planner III to a Senior Resource Management Specialist in the Natural Resources Department; b. Reclassification of a Planner II to a Resource Management Specialist III in the Natural Resources Department; c. Reclassification of Senior Administrative Assistant to a Senior Finance and Accounting Technician in the Natural Resources Department. d. Reclassification of Senior Accounting Technician to a Senior Finance and Accounting Technician in the Administrative Services Department VOTE: 6-0-0 (Director Riffle absent.) 6. Proposed Purchase of the Meyer/Connolly Property as an addition to Sierra Azul Open Space Preserve located off of Mt. Umunhum Road in unincorporated Santa Clara County (Assessor’s Parcel Number 562-22-041) (R-15-132) Senior Real Property Agent Allen Ishibashi provided the staff report describing the location of the property, current structures on the property, and the reasons for District purchase of the Meeting 15-22 Page 4 property. Mr. Ishibashi explained management considerations for the property including evaluation of existing structures for possible employee residence and a current Williamson Act contract. Finally, Mr. Ishibashi outlined the terms and conditions of the proposed purchase and recommendations for approval. Director Harris inquired regarding the level of remaining funds the land acquisition budget. Real Property Manager Mike Williams explained he anticipates bringing a midyear budget adjustment to the Board of Directors for approval. Director Hassett provided comments regarding the location of the property and its strategic use related to the Mt. Umunhum site. Public comments opened at 7:47 p.m. No speakers present. Public comments closed at 7:47 p.m. Motion: Director Hanko moved, and Director Hassett seconded the motion to: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Meyer/Connolly property. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Indicate the intention to withhold dedication of the Meyer/Connolly property as public open space. VOTE: 6-0-0 (Director Riffle absent.) INFORMATIONAL REPORTS A. Committee Reports Director Hanko reported the Legislative, Funding, and Public Affairs Committee met on September 8, 2015 and received a legislative update and discussed proposed revision to the Concessions policy. Director Harris reported on the meeting of the Board Retreat ad hoc committee in preparation for the Board retreats scheduled in October and November. B. Staff Reports District Clerk Jennifer Woodworth reported the Measure AA Implementation ad hoc committee sunsetted at the end of August. Assistant General Manager Ana Ruiz reported she, members of District staff, and Director Hassett attended the San Mateo County Board of Supervisors meeting last Tuesday to receive a grant of Measure A funds for the Ravenswood Bay Trail. Ms. Ruiz also reported on the creation of an internal Diversity Committee. Meeting 15-22 Page 5 General Counsel Sheryl Schaffner provided a report on recent events at the Gullicksen property which neighbors the Sierra Azul Open Space Preserve. C. Director Reports The Board members submitted their compensatory reports. Director Hassett commended staff for their quick work in handling a tree along Castaneda Ridge Road that was of concern to several of the District’s constituents. CLOSED SESSION The Board of Directors adjourned the regular meeting into closed session at 8:12 p.m. in the Long Ridge Conference Room. 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 President Siemens reported the Board met in closed session, and no reportable action was taken. ADJOURNMENT President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:58 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 15-24 DATE 09-23-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70330 11502 - HALF MOON BAY GRADING & PAVING INC.Driscoll Ranch roads sediment reduction & pond restoration project - LHC 09/16/2015 104,505.53 70336 10665 - PAVEMENT ENGINEERING INC Mt Um Road Repair Design Work - SAU 09/16/2015 83,087.25 70350 11470 - URS CORPORATION On call - bio monitoring for Mindego SFGS - RR 09/16/2015 32,325.61 70341 11500 - POPULOUS, INC.Bear Creek Redwoods Preserve Plan Consulting - BCR 09/16/2015 26,806.35 70300 11500 - POPULOUS, INC.Bear Creek Redwoods Preserve Plan Consulting - BCR 09/09/2015 14,649.00 70301 11519 - PRICE, POSTEL & PARMA LLP Mt.Um Road access - SA 09/09/2015 13,320.17 70316 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 09/09/2015 11,864.07 70264 10578 - OLD REPUBLIC TITLE CO Escrow fees for the Meyers property purchase - SA 09/03/2015 10,000.00 70352 11558 - VIDA VERDE NATURE EDUCATION Sponsorship for outdoor education program 09/16/2015 10,000.00 70334 11536 - MTECH AO HVAC Cooling Unit Repairs 09/16/2015 9,578.00 70283 10222 - HERTZ EQUIPMENT RENTAL INC Rental Excavator John Deere 12-14 - ECdM 09/09/2015 9,314.05 70302 *10261 - PROTECTION ONE AO Fire Alarm Safety Improvements / Fire Inspection Monitoring 09/09/2015 9,215.24 70297 10925 - PAPE` MACHINERY Dozer rental for road and trail work 09/09/2015 6,590.75 70325 10587 - ELKHORN SLOUGH FOUNDATION Rangeland conservation and land management forum (NR Dept Grant Program)09/16/2015 5,000.00 70307 11552 - ROBERT HALF TECHNOLOGY Temporary IT Staffing 09/09/2015 3,422.40 70318 *11118 - WEX BANK Fuel for District vehicles 09/09/2015 3,403.02 70321 10010 - ARRANGED4COMFORT Ergonomic Chair - AO / AO remodel Desk Components 09/16/2015 3,362.55 70344 11552 - ROBERT HALF TECHNOLOGY Temporary IT Staffing 09/16/2015 3,080.16 70332 10123 - HOME DEPOT CREDIT SERVICES Field supplies/supplies for AO3/FFO shop supplies 09/16/2015 2,697.75 70271 10723 - CALLANDER ASSOCIATES Bay Trail link concept study plan - RW 09/09/2015 2,281.39 70288 10313 - JOHN SHELTON INC Roads and Trails - ECDM 09/09/2015 2,072.61 70326 10793 - FALL CREEK ENGINEERING Water analysis at Driscoll Ranch Pond D - LHC 09/16/2015 1,950.00 70339 10086 - PHYTOSPHERE RESEARCH Sudden oak death research and treatment 09/16/2015 1,950.00 70328 10187 - GARDENLAND POWER EQUIPMENT Supplies, Chainsaw Service, Pole Pruner, Equipment Repair and Parts 09/16/2015 1,898.34 70265 *10128 - AMERICAN TOWER CORPORATION Repeater site lease-Coyote Peak 09/09/2015 1,735.00 70308 11075 - SANTA CLARA COUNTY - DEPT OF ENVIRONMENTAL HEALTH Haz Mat Permit - SFO 09/09/2015 1,660.00 70284 10642 - HMS INC Hazmat removal at former INE Ranch related to habitability improvements - MB 09/09/2015 1,640.00 70268 11556 - BAY AREA MONITOR Sponsorship of Bay Area Monitor, Publication of the League of Women Voters 09/09/2015 1,500.00 70310 10102 - SHUTE, MIHALY & WEINBERGER LLP Legal services - Riparian easement for POST property 09/09/2015 1,420.00 70296 10076 - OFFICE TEAM Front Desk Coverage 09/09/2015 1,212.27 70319 10203 - WOODSIDE & PORTOLA PRIVATE PATROL Patrol services for Hawthorn property - WH 09/09/2015 1,200.00 70349 10199 - TARGET SPECIALTY PRODUCTS Herbicide 09/16/2015 1,024.31 70281 11195 - GOODYEAR AUTO SERVICE CENTER Vehicle Maintenance and Repairs -SFO 09/09/2015 988.55 70293 11063 - O'BRIEN, PAT Exec Svcs for June & July 2015: Legislative discussions 09/09/2015 900.00 70266 11048 - ARC Printing of MAA Priority Projects Maps 09/09/2015 810.40 70337 10505 - PENNINGTON, BRAD Tuition Reimbursement 9-2015 09/16/2015 800.00 70280 11212 - GIRL SCOUTS OF NORTHERN CALIFORNIA Partnership page package/ad 09/09/2015 765.00 70315 10403 - UNITED SITE SERVICES INC Sanitation Services (FOOSP) (SA)09/09/2015 745.52 70347 10302 - STEVENS CREEK QUARRY INC Roads and Trails - ECDM 09/16/2015 713.75 70314 11317 - TN RANCH SERVICES LLC Freight charge for 2 Steel gates - RR 09/09/2015 675.00 70351 11190 - VALLEY TREE CARE Tree Pruning (BCR)09/16/2015 675.00 70313 10143 - SUMMIT UNIFORMS Uniform Items 09/09/2015 655.74 page 2 of 3 CLAIMS REPORT MEETING 15-24 DATE 09-23-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70306 10324 - RICH VOSS TRUCKING INC Roads and Trails - ECdM 09/09/2015 591.00 70295 10160 - OFFICE DEPOT CREDIT PLAN Office Supplies 09/09/2015 546.42 70329 10345 - GLOBAL STEEL FABRICATORS INC Roads and Trails - ECdM 09/16/2015 545.00 70274 10185 - COSTCO Office Supplies 09/09/2015 542.39 70303 10091 - R & B COMPANY Water System Repair -LHC, Materials and Repairs - MB LHC 09/09/2015 518.60 70320 11048 - ARC Printing Presentation Materials for Meeting 09/16/2015 511.88 70273 10352 - CMK AUTOMOTIVE INC Vehicle Maintenance and Repairs -SFO 09/09/2015 490.13 70342 10265 - PRIORITY 1 Replace Lights and Siren on Patrol vehicle with refurbished unit 09/16/2015 457.38 70282 10040 - GREAT PRINTING Spaces & Species Passports for Fall 2015 Field trips 09/09/2015 437.50 70331 11495 - HANNA, NATALIE Fire Training Cost Reimbursement 09/16/2015 433.12 70340 10140 - PINE CONE LUMBER CO INC Roads and Trails -SR 09/16/2015 420.22 70299 10087 - PIP PRINTING & DOCUMENT SERVICE Written Warning Books 09/09/2015 416.23 70286 10455 - HUGG, IANTHINA APA Conference Registration - Hugg 09/09/2015 400.00 70309 11083 - SANTA CLARA COUNTY ASSESSOR Address Database for Santa Clara County - GIS Dept 09/09/2015 375.00 70343 *10261 - PROTECTION ONE AO Quarterly alarm service 09/16/2015 359.44 70335 10925 - PAPE` MACHINERY Excavator Parts 09/16/2015 352.43 70304 *10093 - RENE HARDOY 08/15 Gardening services 09/09/2015 325.00 70267 10427 - BALDZIKOWSKI, MATT Mileage 09/09/2015 322.58 70323 10352 - CMK AUTOMOTIVE INC Vehicle Repairs 09/16/2015 305.76 70278 10187 - GARDENLAND POWER EQUIPMENT Equipment Repairs -SFO GENERAL 09/09/2015 286.78 70345 10724 - SANTA CLARA VALLEY AUDUBON SOCIETY Reimbursement for Crafts & Supplies, birdhouse kits 09/16/2015 264.60 70292 *10664 - MISSION TRAIL WASTE SYSTEMS AO- Garbage 09/09/2015 247.18 70269 11264 - BENDLIN FIRE EQUIPMENT CO., INC.Uniform vests 09/09/2015 217.30 70289 11553 - KNEIER, MICHELLE NWS Conference expense - airfare 09/09/2015 208.20 70312 10302 - STEVENS CREEK QUARRY INC Boulders 09/09/2015 203.07 70322 10170 - CASCADE FIRE EQUIPMENT COMPANY 1 pr. fire nomex pants 09/16/2015 191.11 70290 10135 - MADCO Welding Supplies 09/09/2015 181.23 70298 10140 - PINE CONE LUMBER CO INC Lumber 09/09/2015 160.07 70338 11129 - PETERSON TRUCKS INC.WT02 Repair 09/16/2015 157.79 70277 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)09/09/2015 151.61 70327 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)09/16/2015 151.61 70353 American Portables Restroom rental for Bluebrush bathroom remodel 09/16/2015 130.10 70291 11449 - MARK, JANE Local Business Meetings - ABAG, Bay Trail, MTEP 09/09/2015 129.21 70317 10796 - WEMORPH INC MROSD Timecards 09/09/2015 124.62 70305 11526 - REPUBLIC SERVICES Garbage services for rental residences - ECM 09/09/2015 121.41 70324 *11530 - COASTSIDE.NET Internet Services -SFO 09/16/2015 109.00 70272 10131 - CITY OF PALO ALTO Level II Parking Citation Hearing Services 09/09/2015 100.00 70285 10043 - HOWARD ROME MARTIN & RIDLEY LLP Legal services - Gullicksen Encroachment 09/09/2015 98.85 70348 10143 - SUMMIT UNIFORMS Uniform Items -SFO 09/16/2015 95.70 70279 10548 - GARTSIDE, ELLEN Mileage: July/August 2015 09/09/2015 93.73 70346 11559 - SIFUENTES-WINTER, COTY Mileage Reimbursement for District Employee 09/16/2015 68.43 70287 10394 - INTERSTATE TRAFFIC CONTROL PRO Sign (SA)09/09/2015 56.51 page 3 of 3 CLAIMS REPORT MEETING 15-24 DATE 09-23-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70294 10670 - O'REILLY AUTO PARTS Auto Parts 09/09/2015 54.38 70275 10540 - CRAFTSMEN PRINTING Printing of Business cards: Halpern 09/09/2015 48.94 70270 10273 - BRUCE BARTON PUMP SERVICE INC Equipment Repair -SFO GENERAL 09/09/2015 48.00 70276 10779 - FIRST CALL AUTO PARTS P86 Auto Parts 09/09/2015 13.31 70311 10157 - STAPLES CREDIT PLAN Office Supplies 09/09/2015 8.69 70333 11449 - MARK, JANE Office Supplies 09/16/2015 8.18 Total Amount:403,574.47 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 * Annual Claims ** Hawthorne-related R-15-138 Meeting 15-24 September 23, 2015 AGENDA ITEM 3 AGENDA ITEM Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy GENERAL MANAGER’S RECOMMENDATION Approve the Board Code of Conduct and revisions to the Board-Staff Working Relationships and Written Communications Policies. SUMMARY AND DISCUSSION At a study session on September 9, 2015, the Board reviewed the draft policies and suggested several additional revisions. Those revisions have been completed, and the completed policies are returning to the Board for approval. The pubic holds its elected officials to high standards of professional conduct. The Midpeninsula Regional Open Space District Board of Directors has always believed in and been committed to the tenets of high ethical standards and high standards of professional conduct. As part of its application for the Special District Leadership Foundation’s Transparency Certificate of Excellence, the Board is required to adopt a Code of Ethics or Code of Conduct. Staff is also bringing forward edits to the Board policy on Board-Staff Working Relationships to reflect the current practices of the District and to conform to the provisions of the draft Code of Conduct. As elected representatives for those residing in the District’s boundaries, it is essential that each Board member’s behavior be consistent with the level of responsibilities and duties of governance entrusted to them by the District’s residents. The Board Code of Conduct is designed to describe the manner in which Board members should treat one another, the District staff, their appointees, members of the public, and others they come into contact with while representing the District. As part of the District’s ongoing efforts to streamline procedures and increase efficiency, staff is also bringing forward edits to the Board Correspondence policy. These revisions seek to clarify when correspondence received from the public will be forwarded to the Board for review and response. FISCAL IMPACT There is no fiscal impact associated with adoption of the Board Code of Conduct or revisions to the Board-Staff Working Relationships and Board Correspondence policies. R-15-138 Page 2 BOARD COMMITTEE REVIEW At its retreat on January 26, 2015, the Board discussed numerous standards and best practices that it would like to adopt to continue to increase its efficiency as a Board and in its relationship with staff. The Board directed staff to return with a Code of Conduct and policy revisions summarizing and incorporating these standards. 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 After approval of the proposed policies, the District Clerk will include the policies in the Board Policy Manual. Attachments 1. Draft Board Policy 6.07: Board Code of Conduct 2. Revised Board Policy 2.01: Board-Staff Working Relationships 3. Revised Board Policy 1.05: Board Correspondence Responsible Department Head: Stephen E. Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Midpeninsula Regional Open Space District Board Policy Manual Board of Directors Code of Conduct Policy 6.07 Chapter 6 – General Administration Effective Date: Revised Date: Prior Versions: N/A Board Policy 6.07 Page 1 of 3 Purpose The proper operation of Midpeninsula Regional Open Space District (District) requires that Board members remain objective and responsive to the needs of the public they serve, make decisions within the proper channels of governmental structure, and not use public office for personal gain. To further these objectives, certain ethical principles govern the conduct of each member of the District’s Board of Directors. This policy promotes awareness of ethics, integrity and fidelity as critical elements in Board members’ conduct and in achievement of the District’s mission. All elected and appointed officials, District employees, volunteers and others who participate in the District’s government are required to subscribe to this policy, understand how it applies to their specific responsibilities and practices its core values in their work. Because we seek public confidence in the District’s services and public trust of its decision makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest level of achievement in following this policy. Responsibilities of Board Members Board members are dedicated to the concepts of effective and democratic government by responsible elected officials. They shall: • Uphold the Constitution of the United States and the Constitution of the State of California, and carry out the laws of the nation, the state and local governmental agencies; • Comply with applicable laws regulating their conduct, including open government, conflict of interest, and financial disclosure laws; • Fulfill all applicable training requirements, including attending two (2) hours of ethics (AB 1234) training every two (2) years; and, • Inform themselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. • Make decisions based upon the merits and substance of the matter before them. • Publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Board members and the public prior to taking action on the matter. Attachment 1 Board Policy 6.07 Page 2 of 3 Public Meetings Board members promote fair and open public processes. Board members, and persons elected but who have not yet assumed office as members of the Board, fully comply with California’s open meeting law for public agencies (the Brown Act). Confidential Information Board members will not disclose information that legally qualifies as confidential to unauthorized persons without approval of the Board of Directors. This includes information that (1) has been received for, or during, a closed session Board meeting, (2) is protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not disclosable under the California Public Records Act. Conflicts of Interest Board members will avoid both actual conflicts of interest and the appearance of conflicts of interest with the District. • A Board member will not have a financial interest in a contract with the District, or be purchaser at a sale by the District or a vendor at a purchase made by the District, unless his or her participation is legally authorized. • A Board member will not participate in the discussion, deliberation or vote on a matter before the Board, or in any way attempt to use his or her official position to influence a decision of the Board, if he or she has a disqualifying conflict of interest with respect to the matter under California law. • A Board member will not accept gifts that exceed the limitations specified in California law. Board members will report all gifts, campaign contributions, income and financial information as required under the District’s Conflict of Interest Code and the provisions of the Fair Political Practices Act and Regulations. • A Board member will not recommend the employment of a relative to the District or to any person known by the Board member to be bidding for or negotiating a contract with the District. Board Member-General Manager Relationship On behalf of the public, Tthe Board of Directors provides legislative direction, sets District policy, adopts the annual budget and action plan, and provides instruction to the General Manager on matters within the authority of the Board by majority vote of the Board during properly noticed and convened Board and Board Committee meetings. The General Manager serves as the District’s chief executive officer and is responsible for directing the day-to-day operations of the District. Neither Tthe Board nor its members shall not give orders to any subordinate of the General Manager, either publicly or privately and shall not interfere with the General Manager’s execution of his or her powers or duties. Board Member-General Counsel Relationship The General Counsel serves as the chief counsel for the District for elected officials and staff. The Board of Directors and General Counsel shall communicate concerns related to District business as those concerns arise. As chief counsel, the General Counsel represents the District as a whole and not individual Directors ofor members of staff. Attachment 1 Board Policy 6.07 Page 3 of 3 Board Member-Controller Relationship The mission of the Controller, as steward of the public's financial resources, is to promote the District’s financial viability by managing its assets with integrity. The Controller is the custodian of the funds of the dDistrict. The Board authorizes the Controller to investment District funds including debt financing, and the Controller provides regular updates to the Board of Directors as part of the annual budget process. General Conduct Members shall: • Treat each other, members of District staff, members of the public, etc. with courtesy and refrain from inappropriate behavior and derogatory comments; • Be fair, impartial, and unbiased when voting on Board actions; • Preserve order and decorum during public meetings; • Not delay or interrupt the proceedings of the Board of Directors and respect other members’ opportunity to speak; • Support the policies and procedures established by the Board of Directors; • Value the time of other Board members, District staff, and members of the public; • Attempt to build consensus on an item before the Board of Directors through an opportunity for dialogue, but when this is not possible, the majority vote shall prevail and all Board members shall show respect to members who hold differing opinionsthe majority shall show respect for the opinion of the minority; • Have the right to dissent from, protest, or comment upon any action of the Board of Directors; • Avoid offensive negative comments and shall practice civility and decorum during discussion and debate; and • Assist the Board President’s exercise of his/her affirmative duty to maintain order. Compliance and Enforcement Review of this Code of Conduct and the standards contained herein shall be included in the regular orientation for Board of Director candidates. Board members entering office and upon reelection to that office, shall are expected to sign an Personal Code of Conduct acknowledgmenting of their receipt of this Code of Conduct and commit to comply with its provisions. A perceived violation of the Board of Directors’ Code of Conduct by a Board member should be referred to the Board President for investigation and consideration of any appropriate action warranted. In the case of a perceived violation by the Board President, the matter should be referred to the Board Vice President. A violation of this policy may be addressed by remedies available by law, including but not limited to: • Adopting a resolution expressing disapproval of the conduct of the Board member who has violated this policy; • Injunctive relief; or • Referral of the violation to the District Attorney and/or the Grand Jury. Attachment 1 Midpeninsula Regional Open Space District Board Policy Manual Guidelines for Board-Staff Working Relationships Policy 2.01 Chapter 2 – District Personnel & Board Support Effective Date: 11/20/91 Revised Date: Approved by Board Action: Prior Versions: 11/20/91, 4/9/92, 1/11/93, 8/26/93, 2/14/96, 4/9/97, 1/28/98, 10/25/04, 1/28/09, 11/13/13 Purpose To set forth the guidelines and procedures for working relationships between District staff and the District’s Board of Directors. The Board of Directors is the policy-making body of the District, while the General Manager is the administrative head of the agency under direction of the Board of Directors. Policy Neither the Board President nor Board of Directors is authorized to give direct orders or instructions to any subordinates of the General Manager. The Board members are to interact with the District’s administrative departments through the General Manager or designee. Any information requested by any Board member shall be sent to all Board members, as appropriate. Board member Inquiries and Requests for Information A. General Board communications with District staff should be limited to normal District business hours unless the circumstances warrant otherwise. Responses to Board member questions posed outside of normal business hours should be expected no earlier than the next business day. A request for information, records, written work or analysis by District staff with support work of up to one (1) hour will be provided. Requests over one hour must be approved by the Board at a future Board meeting. If an individual Board member suggests that staff time be spent on a project not previously approved by the Board, he/she will contact the General Manager. The General Manager will then make an initial assessment of the project, evaluating its consistency with established goals and policies, effects on other projects, and availability of staff and financial resources. The General Manager will then communicate the information to the Board and obtain Board approval prior to proceeding with more in-depth assessment or proceeding with the project. Attachment 2 The General Manager can authorize a deviation from this policy if he/she determines that the request needs to be filled before the Board next meets. Board members and management will endeavor not to surprise each other with important information. 9. Any Board member will advise the General Manager when he/she feels staff is attempting to direct or set Board policy. 1. Board members may go to any staff member for information. If information request requires more than minimal staff time, the request should be made to the General Manager or Department Manager who shall confer with the General Manager. 2. Board members are encouraged to give staff sufficient lead time to fulfill Board requests and to put important requests in writing. B. Routine Requests for Information and Inquiries. Board members may contact staff directly for information made readily available to the general public on a regular basis by District staff (e.g., “What is a specific preserve’s hours of operation?”) or “How does one request a permit for camping at Black Mountain?”.). Under these circumstances staff shall treat the Board member no differently than they would the general public, and the Board member shall not use their elected status to secure preferential treatment. The General Manager generally does not need to be advised of such contacts. C. Non-Routine Requests for Readily Available Information. Board members may also contact staff directly for easily retrievable information not routinely requested by the general public so long as it does not require staff to discuss the issue or express an opinion (e.g., “How many permits were issued for Black Mountain this year?” or “Under what circumstances does the District lower its flags to half mast?”). The General Manager generally does not need to be advised of such contacts. D. Non-routine Requests Requiring Special Effort. If an individual Board member suggests that staff time be spent on a project not previously approved by the Board, he/she will contact the General Manager. The General Manager will then make an initial assessment of the project, evaluating its consistency with established goals and policies, effects on other projects, and availability of staff and financial resources including the . approximate amount of staff time required to complete the assignment. The General Manager will then communicate the information to the Board and obtain Board majority approval prior Attachment 2 to proceeding with more in-depth assessment taking more than one hour of staff time, or proceeding with the project. Responses to such requests shall be copied to all Board members, the General Manager, the General Counsel as appropriate, and affected Department Managers. E. Questions Regarding Board Reports. Where possible, Board members should forward any questions regarding staff Board reports to the General Manager and District Clerk at least 36 hours in advance of the Board meeting for which that item is agendized. Questions should be limited to those needed for the Board member to make a decision on the recommendation(s) in the Board report. All responses shall be provided to all Board members, General Counsel, and members of the public. Questions received less than 36 hours prior to a Board meeting may be responded to at the Board meeting. During Board meetings, any questions from Board members having to do with non-agenda items shall be directed to the General Manager for follow-up. F. Meeting Requests. Any Board member request for a meeting with staff must be directed to the Board’s appointees. When in doubt about the appropriateness of a communication with staff, Board members shall ask the General Manager for advice. 3. Information (except trail conditions) provided from a Board member to staff should be routed through individual Department Managers or the General Manager. 4. If an individual Board member suggests that staff time be spent on a project not previously approved by the Board, he/she will contact the General Manager. The General Manager will then make an initial assessment of the project, evaluating its consistency with established goals and policies, effects on other projects, and availability of staff and financial resources. The General Manager will then communicate the information to the Board and obtain Board approval prior to proceeding with more in-depth assessment or proceeding with the project. 5. Management reports and recommendations to the Board should present areas of potential controversy and concern. 6. Board members and management will endeavor not to surprise each other with important information; if a Board member wants additional information or documentation on an agenda item, the Board member is encouraged to contact the General Manager before the Board meeting. 7. Staff will actively support and implement Board decisions. 8. The administration of the District is the responsibility of the General Manager. The General Manager will advise Board members when he/she feels that any Board member is attempting to direct the administration of the District. Attachment 2 9. Any Board member will advise the General Manager when he/she feels staff is attempting to direct or set Board policy. 10. Management team and the Board will set a positive example of Board-staff relations for public and staff. 11. Board members and staff will respect each other’s personal time. 12. Volunteer Related Interactions Board members may serve in District volunteer programs under the same terms and conditions as any member of the volunteering public. When volunteering, they agree to conduct themselves as would any other member of the volunteering public. They will accept all direction from staff members organizing the volunteer activity. Staff conducting volunteer activities will treat Board members as they would any other volunteer, and will bring any difficulties to the Department Manager or General Manager for resolution. B. Public Related Interactions 1. Board members shall treat staff professionally and will refrain from publicly reproving staff members. Any concerns about employee performance should be discussed privately with the General Manager. Staff members shall treat members of the Board professionally. 2. The Board shall not prohibit public criticism of its policies, procedures, programs or services, but shall request members of the public to refrain from personal attacks upon individual staff members. 3. District staff shall acknowledge the Board as having the final authority to make policy decisions. The Board of Directors shall acknowledge staff as implementing and administering the Board’s policies through the General Manager. 7. StaffBoard appointees will actively support and implement Board decisions through their stafff members. Attachment 2 Midpeninsula Regional Open Space District Board Policy Manual Board Correspondence Policy 1.05 Chapter 1 – Administration & Government Effective Date: Revised Date: Prior Versions: 11/13/13 Purpose So that the public may perceive that any correspondence or forms of recognition from the Board President or Board of Directors hasve the support of a majority of the Board of Directors, it is necessary to establish guidelines for the issuance of correspondence and forms of recognition. Policy Written Communications (Consent Item) The District Clerk is authorized to receive and open all mail (including E-Mail) addressed to the Board of Directors from members of the public. Any such Wwritten Ccommunication addressed to the Board shall be reproduced and distributed in the next regular mailing to the provided to all Board members and to members of the press and public who have requested supporting materials as soon as possible. The Board shall consider the recommendation of tThe General Manager and shall determine whether a written communication shall will be placed on the agenda in accordance with the procedures of Section 1.30this policy, considered in connection with an item already on the agenda, and/or referred to a committee for action, a Director or staff for simple acknowledgement, response or draft response, or shall determine that an adequate response has been made. A written communication addressed to an individual Director may, at the discretion of the individual Director, be considered a personal letter, a written communication or may be relayed to the members of the Board as an informational item. Procedures for Handling Board Correspondence a. Board President Signing on Behalf of the Board The Board President will sign all letters sent on behalf of the Board of Directors. Routine letters from the Board President, or designee in his/her absence, do not need to be listed as consent items on the Board agenda. Such letters shall include: 1. Thank you letters to individuals or organizations for involvement in events or activities that benefit the District Attachment 3 2. Letters of recognition or appreciation in honor of distinctive service to the District, such as those sent to District volunteers or staff b. Written Correspondence Regarding Established Policy or Request for New Policy The General Manager shall make the determination if a written correspondence received from a member of the public is related to Board policy or general administration of the District. 1. When a written communication is regardinginvolves the enforcement of previously set Board policy or established procedures of the District, the communication is directed to the appropriate department for response by staff. A copy of the response will be distributed to the Board. 1.2. CorrespondenceWhen a written communication that involves a request to change Board policy, a new policy direction or future Board action, it shall be referred to the appropriate department for review and response. The correspondence and draft response shall be included on the Board Agenda under “Written Communications” for review and approval by the Board. Upon initial receipt of the written communication, staff shall send a acknowledgment of the communication to the author and notification that the Board will be considering a response at a future Board meeting.Draft replies to Written Communications which have not been considered by the Board may be submitted and labeled as follows: “Draft Response prepared by Staff.” Any member of the Board may request that such written communication be placed on the agenda as an emergency item in accordance with Section 1.30 for consideration by the Board. c. Written Correspondence Related to Agenda Items Written communications directly related to an item on the agenda will be accepted for distribution up to 3:00 p.m. on the day of the meeting. Written communications directly related to an item on the agenda but received after 3:00 p.m. on the day of a meeting must be accompanied by thirty copies for distribution in order to be considered by the Board as written communication at the meeting.Correspondence related to an item on the agenda may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. Correspondence received after distribution of the agenda packet shall be provided to Board members and members of the public at the Board meeting. Acknowledgement or response is optional. d. Written Correspondence at Board Meetings Members of the public may read Written Communications into the District’s record during Oral Communications at a regular meeting and offer explanations of any such document. The presiding member of the Board may limit presentations of the speakers, including the reading of a written communication, to three minutes. Acknowledgement or response is optional. Written communications received at a regular Board meeting shall be reproduced and distributed to absent Board members and to members of the press who have requested supporting materials no later than the next regular mailing to the Boardmaintained with the official records of the District for that Board meeting. e. Distribution of Written Correspondence Attachment 3 Written communications which are distributed to the Board at a time other than a regular mailing shall be distributed to members of the press who have requested supporting materials. within two working days of when they are sent to the Board. f. Written Correspondence with Large Attachments Written communications accompanied by an extraordinary quantity of attachments may, at the discretion of the General Manager, be duplicated and distributed with some or all the attachments excluded. The General Manager shall note on the written communication or in an accompanying memorandum that the entire written communication, including attachments is available at the District office for public review. The General Manager shall determine the most appropriate method for presenting the attachments to the Board of Directors. Copies of the excluded attachments will be made available on the same basis as any other public record. a. All written communications, unless they relate to an item on the agenda, must be received no later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. If, in the opinion of the General Manager, a written communication should not be distributed with the agenda and supporting materials without a draft response, which has yet to be prepared, the written communication may be distributed later, but no later than at the forthcoming Board meeting. Written communications not directly related to an item on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting if, in the opinion of the General Manager, time is of the essence for consideration of the written communication by the Board. Communications to the Public from Individual Directors Any written or oral communication from a Director to the public or Board, or other agencies or organizations in any way related to the Director’s capacity as an elected District official shall be distributed to the Board as a public informational item by the Director unless it is made clear in the communication that the communication is the opinion of the individual Director and not a Board position the opinion of the District or Board of Directors as a whole, unless the Board has approved the communication in advance. Attachment 3 R-15-139 Meeting 15-24 September 23, 2015 AGENDA ITEM 4 AGENDA ITEM Update to the 1978 Board Policy “Policies on Concessions on District Lands,” and New Fee Structure GENERAL MANAGER’S RECOMMENDATIONS Review and approve the Legislative, Funding, and Public Affairs Committee’s recommended updates to the 1978 Board Policy “Policies on Concessions on District Lands,” and adopt a resolution approving the recommended new fee structure. SUMMARY In response to recent requests for concessions on Midpeninsula Regional Open Space District (District) lands, staff has reviewed the existing Board Policy called “Policies on Concessions on District Lands,” dated May 10, 1978 (see Attachment 3), and recommends changes to ensure activities conducted by concessionaires are carried out in such a manner as to be consistent with the District’s mission, and to protect District lands, resources, and the experience of other visitors. The proposed update includes related conditions and criteria to ensure the appropriate use of public resources and to issue permits in a fair and consistent manner. In addition, a related fee structure is also proposed. The Legislative Funding and Public Affairs Committee reviewed the proposed Concessions policy at its meeting on September 8, 2015. LFPAC suggested language be included in the draft policy to clarify that the proposed fees are charged per individual event, which has been added. DISCUSSION Over the last several years, there has been a significant increase in the number of requests for use permits. Among those requests are questions about permits for concessionaire activities on District lands, most commonly, businesses and organizations who wish to impose a charge for participation at an event. The objective of updating the original policy, which was written in 1978, is to ensure clarity for the general public that permitted activities on District lands must be consistent with the District’s mission, and protect District land, resources, visitors, and sensitive wildlife. Examples of activities that may be granted permits under this Board policy, dependent on the site controls and the pre- and post-event measures include: running events, filming permits, festivals, and food events such as farm-to-table type dining events that have grown in popularity in recent years. R-15-139 Page 2 Activities which would not be part of the District’s permit system because they are authorized through separate agreements include grazing leases, long-term leases such as the Picchetti Winery, activities at the Driscoll Event Center, and rental of District properties. Proposed Criteria for Permit Approval: Clear, fair, and consistent criteria are needed to decide whether or not a permit can be issued to a concessionaire for revenue-generating activities. The General Manager recommends that permits be granted only for activities on District lands that are consistent with the District’s mission and which can occur in such a manner as to protect District lands, resources, and the visitor experience. The following factors are recommended to be considered in making this determination: 1. Impact on the Land and Resources Permits may not be issued for activities that would impact sensitive wildlife, flora, fauna or historical/cultural sites. 2. Impact on the Experience of other Visitors Permits may not be issued for activities that would unduly impact the experience of other preserve visitors including the ability to enjoy low impact, quiet, enjoyment of the preserves. Impacts on the availability of parking for all visitors shall also be taken into account. 3. Impact on the Availability of Staff and Emergency Services Permits may not be issued for activities for which District staff cannot provide sufficient coverage necessary for the event and to provide essential emergency services. When necessary, other emergency response agencies should be consulted prior to the issuance of a permit to assess the impact on emergency services. Fee Structure Options and Analysis There are several types of fees imposed by agencies when making property available for permitted uses. Below for reference is a summary of fees imposed by nearby agencies. The three main categories are: 1) cost recovery/reimbursement; 2) flat fee; and 3) a proportion of the revenue. In the table below the agencies use a flat fee for permit applications and a proportion of the revenue for the concessionaire fee. The cost recovery fee is typically calculated based on the costs incurred in providing services for the event, e.g., staff time and direct operational costs. The flat fee is typically charged to defray overhead associated with an agency’s routine permit application process. The proportion of revenue fee is set by an agency based on what the market will bear for renting out a venue for a commercial purpose. Staff recommends a flat fee for concessionaires for the reasons outlined below. R-15-139 Page 3 Table 1: Sample of Permit Fees Issued by Nearby Agencies Agency Permit Application Fee/Permit Fee Concession/ For Profit Fee East Bay Regional Park District $250 $75 per vendor per event, or 10% gross sales, whichever is greater Santa Clara County Parks None $460 + 10% of gross income San Mateo County Parks $10 $5.00 per participant with a minimum of $100.00 After a review of fees charged by other agencies for commercial uses and considering the District’s operating needs, the following fee structure is proposed. Proposed fees are set forth in the attached Board resolution. Proposed District Fee Structure Permit Application Fee: $200 per event Refundable Deposit: $300 per event Staff time fee: $55/hour The proposed District fee structure would require organizations wishing to conduct revenue generating activities on District lands to 1) pay a flat application fee, 2) pay a refundable deposit, and 3) pay the District for hourly staff costs incurred by the District in facilitating the event. During the review by the Legislative, Finance, and Public Affairs Committee a clarification was requested to ensure that the permit application fee and the deposit are charged separately for each event, even if the applicant files one application for multiple events. The proposed refundable deposit is $300 per event. Any costs for repair of damage done, or additional staff time required to support the event beyond the amount initially estimated and charged, would be deducted from the deposit. If costs incurred by the District exceed the $300 deposit then the concessionaire would be billed for the excess amount. Further criteria on when the deposit shall be wholly or partially withheld shall be developed in an Administrative Policy under the General Manager’s authority. Fees for staff time would help to defray the District’s costs of hosting concessions on District property by addressing the costs of monitoring the protection of District resources and providing regular and emergency services related to the permitted event. The staff time per hour fee is based upon the overtime rate for a District ranger. Although some agencies charge fees based on revenues generated by the event, this practice can become administratively burdensome and difficult to enforce, so it is not currently recommended. In particular, private payments received for use of District property and/or facilities that are funded by General Obligation bond proceeds must be carefully tracked to ensure they do not exceed a set dollar threshold prescribed by federal tax law. Proposed Permit Application Fee Exemptions An exemption to the application fee would be available for organizations which have 501(c)(3) non-profit status, government agencies, accredited educational organizations, and for small R-15-139 Page 4 group low impact activities where five or fewer paying participants are involved. However, the refundable deposit(s) and staff time fees would still be required. The permit application fee(s) and staff time fee may also be wholly or partially waived at the discretion of the General Manager or his/her designee for permits where the District decides to co-sponsor the event due to the nature of the activity, specifically an event that the General Manager identifies as being particularly beneficial to the District and/or furthering its mission. This fee structure would be periodically reviewed and any recommended changes would be brought to the full Board for approval. FISCAL IMPACT There is no practical way to estimate the annual cost/benefit of the proposed fee structure, however, the proposed permit fees are anticipated to be a partial offset for the administrative and staff costs associated with hosting concessionaire events and activities on District land. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item does not constitute a project under CEQA and is therefore not subject to CEQA compliance. NEXT STEPS If approved, the Board policy would go into effect immediately. The General Manager would implement associated Administrative Guidelines as authorized by the Board policy. Attachments: 1. Resolution: Fees for Concessionaires Operating on District Lands 2. Draft Board Policy: Concessions Operating on District Lands 3. 1978 Board Policy: Policies on Concessions on District Lands Responsible Department Head: Michael Newburn, Operations Manager Prepared by: Gordon Baillie, Operations Analyst Contact person: Michael Newburn, Operations Manager Resolutions/2015/15-___Concessions Fees 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING FEES FOR CONCESSIONS OPERATING ON DISTRICT LANDS WHEREAS, Public Resources Code section 5562 empowers the District Board of Director to adopt fees for use of facilities, services, and equipment; and WHEREAS, the fees are intended to defray the cost of permitting certain activities on District lands held by entities that impose a charge on participants or raise money from donations; and WHEREAS, the Legislative, Funding, and Public Affairs Committee has studied the fees and recommends them for Board adoption. Now, therefore, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. Fees for Concessions Operating on District Lands, effective as of the date of adoption of this Resolution, are as follows: Permit Application Fee $200 per event Reduced to $100 per event for organizations which have 501(c)(3) non-profit status, government agencies, accredited educational organizations, and for small group low impact activities where five or fewer paying participants are involved. Refundable Deposit $300 per event Staff time fee $55 per hour SECTION TWO. The General Manager or his/her designee is authorized to completely or partially waive the permit application fee(s) and staff time fee for permits where the District decides to co-sponsor the event consistent with the Board Policy on Concessions Operating on District Lands. SECTION THREE. The General Manager is authorized to implement policies and procedures which are necessary or appropriate to the implementation of these fees. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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: Attachment 1 Resolutions/2015/15-___Concessions Fees 2 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 Midpeninsula Regional Open Space District Board Policy Manual Concessions Operating on District Lands Policy # Chapter # - Chapter Name Effective Date: 9/24/15 Revised Date: N/A Prior Versions: Policies on Concessions on District Lands - 5/10/78 Purpose The following policy is created and approved by the Board of Directors in order to [1] protect District lands, resources, and the visitor experience when considering requests for concessions to be operated on District lands, [2] provide staff with guidance about under what circumstances it is appropriate to grant a permit to a concessionaire, [3] ensure that requests by those seeking to provide a concession are treated in a fair and consistent manner by use of standard criteria and conditions, and [4] establish certain fees related to concessionaire permits. Definition: Concessions are activities conducted by entities that impose a charge on participants or raise money from donations. The activity need not be a profit-making operation in order to be considered a concession. Long term facility rentals, grazing leases, events at the Driscoll Event Center, and other facility leases that are negotiated separately are not considered concessions for the purposes of this policy. Policy Concession permits shall only be issued for activities that meet the criteria and conditions listed below: Concession Criteria and Conditions: [1] Concession permits shall only be issued for activities that are consistent with the District’s mission. [2] Concession permits shall only be issued when the General Manager or his/her designee has determined that the activity will not unreasonably impact access to, and the quiet enjoyment of, District lands by other visitors. [3] Concession permits shall only be issued when the General Manager or his/her designee has determined that there will not be excessive or irreparable damage to District lands or resources, and that wildlife will not be unduly impacted. [4] Concessions that occur on District lands are subject to fees as established by the Board, including a per-event administrative fee, an hourly staffing fee related to the costs incurred by the District to properly prepare for and staff the activity. Organizations that have IRS 501(c)(3) status, government agencies, and accredited educational institutions, will receive an exemption from the permit application fee. A refundable per event deposit will be required for all concessions permits. Attachment 2 [5] The General Manager is authorized, at his/her discretion, to co-sponsor an event that is particularly beneficial to the District or in furtherance of its mission. Such events shall have all fees waived, but a refundable deposit shall still be required. [6] Implementation of this Board Policy shall be in accordance with criteria and guidelines set forth in greater detail in an Administrative Policy developed by the General Manager. Attachment 2 Attachment 3 R-15-127 Meeting 15-24 September 23, 2015 AGENDA ITEM 5 AGENDA ITEM Revisions to Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy GENERAL MANAGER’S RECOMMENDATIONS Approve an amendment to Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy, to extend the period of prequalification for professional services from 2 years to 4 years. SUMMARY The proposed extension of prequalification for professional services would streamline project development and delivery through savings in staff time and shortened project schedules. No additional direct costs would be incurred as a result of this change. DISCUSSION On average, the Request for Qualifications and Proposals/Professional Rates (RFQP/PR) process takes between 40-60 hours of staff time, depending on whether a pre-proposal field tour or presentation and interview process is required. Per current Board Policy, the Midpeninsula Regional Open Space District (District) qualifies professional consulting firms for up to two (2) years at the completion of the process. Informal surveys of consultants indicate that the process for them to prepare a responsive proposal takes an equivalent 20-150 hours. The opportunity cost of this work (hours worked but not billed) is then recouped through or built into the contract price. Several firms have indicated that they will not propose on a project if the costs of proposing exceed 5-7% of the contract. The District’s thorough RFQP/PR process places strong emphasis on the quality of the proposal and often requires interviews and/or field tours to select the best qualified consulting firm. Given the time and required attention to detail, the RFQP/PR process can have the effect of either limiting the pool for proposers or increasing costs for the District. One tool that mitigates the cost impacts of the RFQP/PR process is the provision for a Prequalified Consultant File, which is authorized as part of Board Policy 3.03, Section III.D.7. As part of the RFQP/PR process, the General Manager and District staff are allowed to place qualified firms who submitted proposals to the District into a Prequalified Consultant File for consideration on future projects, which raises the value proposition for consultants since the likelihood for future work is high, as is the ability to recoup the costs incurred for submitting their original proposal. R-15-127 Page 2 District staff saves time as well. Qualified firms can remain as a resource to the District for a period of two years. Moreover, by having a list of eligible, qualified consultants, the District is also able to leverage the availability of multiple qualified firms. This would ideally expand the number of firms with experience working for the District and working with the types of site constraints and environmental issues that are commonly encountered on District projects. The General Manager recommends expanding the multiple benefits gained through the Prequalified Consultant File by extending the period of prequalification from 2 years to 4 years. Although the 2 years has proven to be beneficial, it is also too short a timeframe. With the recent ramping up of project delivery to demonstrate the District’s commitments under Measure AA, the General Manager is seeking opportunities to streamline the District’s existing processes to create added efficiencies. The following recommended change to the Board Policy to extend the period of prequalification is one example (deletion shown in strikethrough and addition shown in underline): 7. Prequalified Consultant File When, after District staff has undertaken the selection procedures as set out in this Policy and determined that a consultant is qualified and competent in the performance of the professional services in the consultant’s category, District staff may maintain a current file of such consultants in their appropriate categories. For a period of two four (2) (4) years from determination of the qualification of such consultant, District staff may select such a prequalified consultant from the current file of prequalified consultants for the performance of professional services. Consultants that are added to the Prequalified Consultant File would be eligible for future relevant work. The Prequalified Consultant File, which would categorize consultants based on expertise and experience, would be retained for four years. Consultants seeking future RFQP opportunities would be added to a notification list for future releases. Of those consultants that are added to the list, the most qualified firm for the scope of work would be selected. District staff would negotiate directly with the firm to arrive at a mutually agreeable cost given the desired scope of work for a project. If no agreement is reached, District staff would proceed to negotiate with the next eligible, qualified firm. If no agreement is reached with the list of eligible and qualified firms, or no firm on the existing Prequalified Consultant Files is able to provide the specific services, District staff would release a new RFPQ/PR to reinitiate the selection process. To obtain the best value for the public and ensure that project opportunities are rotated among firms on the list of Prequalified Consultants, Administrative Policy AP-4-04 regarding Public Contract Bidding, Vendor, Professional Consultant Selection and Purchasing, which sets the procedures for implementing the Board policy, would be amended to describe the process for selecting and rotating consultants from the Prequalified Consultant File. FISCAL IMPACT The recommended action would not result in added costs and is anticipated to reduce administrative time to enter into contracts, which will lead to reduced project schedules. PUBLIC NOTICE Public notice was provided as required by the Brown Act R-15-127 Page 3 CEQA COMPLIANCE The recommended action is not a project under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA Compliance. BOARD COMMITTEE REVIEW This item was reviewed by the Legislative, Funding, and Public Affairs Committee on July 1, 2015, who unanimously supported forwarding the item and recommendation to the full Board of Directors for consideration and approval. NEXT STEPS If approved by the Board, changes to Board Policy 3.03, Section III.D.7, and Administrative Policy AP-4-04 will be made consistent with this report. These changes would affect both the current and future lists of consultants that are added to the Prequalified Consultant File. Moreover, related to Board Policy 3.03, staff will be drafting a separate set of proposed additional revisions that pertain to the General Manager’s purchasing authority given the recent approval of AB495, which takes effect January 1, 2016. AB495 increased the allowable purchasing amount that the Board can authorize for the General Manager from $25,000 to $50,000. Staff will be bringing the proposed policy update reflecting this change to the Board for consideration by December of this year. Attachment: 1. Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy – recommended edits shown on page 7. Responsible Manager: Steve Abbors, General Manager Prepared by: Ana Ruiz, Assistant General Manager Midpeninsula Regional Open Space District Board Policy Manual Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy Policy 3.03 Chapter 3 – Fiscal Management Effective Date: 7/24/02 Revised Date: 11/13/13 Prior Versions: 12/16/09, 1/27/10 Board Policy 3.03 Page 1 of 9 Purpose The purpose of this policy is to ensure that the District obtains quality services, supplies, material and labor at the lowest possible cost, and to provide a uniform method for procurement of services and supplies. In addition, through proper documentation, conformance to this Policy will enable the District's constituents to know that their public funds are being spent responsibly, and potential vendors and contractors to know that they are being treated equitably. I. PURCHASING AUTHORITY There are three levels of authority for purchases: Board Approval, General Manager Approval and General Manager Delegated Approval. The maximum purchasing authority amounts refer to the total price of an order, including tax and/or shipping, which may include more than one item and also includes change orders and contract amendments. As used in this Policy, the term “purchasing” refers collectively to contracting or procurement of services, supplies, material or labor, including Capital Improvements. A. Board Approval for Purchases In Excess of $25,000 If the cost for furnishing services, supplies, materials, labor, or other valuable consideration to the District will exceed Twenty-Five Thousand Dollars ($25,000), approval from the Board of Directors is required prior to entering into the contract. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct a building, structure, or improvement using District personnel. 1. Signature Contracts which have been approved by the Board shall be signed by the General Manager, or in the General Manager’s absence, the Acting General Manager, unless the Board has directed that the President sign on behalf of the District. The District Clerk shall sign all such contracts and affix the seal of the District. Attachment 1 Board Policy 3.03 Page 2 of 9 B. General Manager Approval for Purchases Not Exceeding $25,000 Pursuant to Public Resources Code 5549, the General Manager may obtain bids without advertisement or published notice inviting bids and may authorize and execute contracts for payment for services, supplies, material, labor, or other valuable consideration for any purpose, including the new construction of any building, structure, or improvement, in an amount not exceeding $25,000. Such expenditures shall be reported to the Board of Directors at its next regular meeting, and may be reported on the Board’s Claims List. 1. Administrative Purchasing Policy/Procedure The General Manager shall issue an Administrative Purchasing Policy/Procedure, which provides appropriate guidance to staff to ensure that all District purchases are made in accordance with this Policy and required documentation procedures are followed. C. General Manager Delegated Approval for Purchases Not Exceeding $15,000 1. The Assistant General Manager may be authorized, in writing, by the General Manager to approve purchases not to exceed $15,000. When acting as the General Manager, in his/her absence, the Assistant General Manager and Department Managers may be delegated the General Manager’s authority of $25,000. 2. The Department Managers may be authorized, in writing, by the General Manager, to approve purchases relating to his/her area of responsibility not to exceed $10,000. 3. The General Counsel, Assistant General Counsel, and Area Superintendents may be authorized, in writing, by the General Manager to approve purchases not to exceed $5,000. The General Manager shall issue written delegation of purchasing authority to those job classifications whose duties include making purchases within his or her area of responsibility. Purchasing authority limits shall be consistent with this Policy. Such written delegation of purchasing authority shall include the authority to execute contracts, purchase orders, and other documents necessary to approve a purchase within the employee’s purchasing authority. D. Construction Change Orders Staff may issue change orders to a construction contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent (15%) of the original contract price, and does not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. Attachment 1 Board Policy 3.03 Page 3 of 9 II. SOLICITATION OF BIDS A. Solicitation of Formal Advertised Bids for Expenditures Exceeding $25,000 When any expenditure is expected to exceed $25,000, the District shall publish a notice inviting bids a minimum of one week prior to the time of receiving bids, in a general circulation newspaper published in the District. This type of formal bidding process typically includes the issuance of written plans or specifications describing the goods or services to be provided and the receipt of written bids from the vendors involved. Solicitation of formal bids from a minimum of three vendors is required. Following Board approval, the contract shall then be executed by the General Manager (or the Acting General Manager in his/her absence,), unless the Board President’s signature is required. The Contract shall be awarded to the lowest responsible, responsive bidder, except as otherwise provided in this Policy. B. Solicitation of Three Written Bids for Expenditures Exceeding $10,000 but Not Exceeding $25,000 When any expenditure is expected to exceed $10,000, but not exceed $25,000, the District shall solicit written proposals from a minimum of three (3) vendors. The General Manager, Assistant General Manager, or Acting General Manager’s approval of the contract or purchase order is required as applicable under this Policy. C. Solicitation of Three Verbal Quotes for Expenditures Exceeding $5,000 but Not Exceeding $10,000 When any expenditure is expected to exceed $5,000, but not exceed $10,000, the staff member responsible for the purchase is to solicit a minimum of three (3) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. D. Solicitation of Two Verbal Quotes for Expenditures Exceeding $3,000, but Not Exceeding $5,000 When any expenditure is expected to exceed $3,000, but not exceed $5,000, the staff member responsible for the purchase is to solicit a minimum of two (2) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. E. Expenditures Not Exceeding $3,000 Staff members shall obtain competitive cost information, whenever reasonably feasible, for any District purchase even though formal cost quotations are not required for goods or services costing $3,000 or less. Attachment 1 Board Policy 3.03 Page 4 of 9 III. EXCEPTIONS TO STANDARD PURCHASING PROCEDURES A. Emergency Conditions An emergency is defined as a breakdown in machinery or equipment resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to, threatened damage to natural resources. In the case of an emergency requiring an immediate purchase, the General Manager may authorize the Assistant General Manager or Department Manager or his/her designee to secure in the open market, at the lowest obtainable price, any services, supplies, material or labor required to respond to the emergency, regardless of the amount of the expenditure. The General Manager shall, as soon as possible, provide a full written explanation of the circumstances to the Board. In the case of a disaster or for civil defense, nothing contained in this Policy shall limit the authority of the General Manager to make purchases and take such other emergency steps as are, or may be, authorized by the Board. B. Limited Availability/Sole Source Occasionally, necessary supplies, material, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a required and specific design or construction, or are specifically necessary for purposes of maintaining cost effective system consistency, so as to be available from only one source. After reasonable efforts to find alternative suppliers, the District may dispense with the requirement of competitive bids and recommend negotiating and making the purchase from the sole source. The basis for the sole source recommendation shall be documented in writing and approved, in advance, by the Board for purchases exceeding $25,000, and the General Manager or another authorized District employee, as designated in this Policy, for purchases not exceeding $25,000. C. Cooperative Purchasing The District shall have the authority to join in cooperative purchasing agreements with other public agencies, (e.g. the State of California, Santa Clara County or San Mateo County), to purchase goods or services at a price established by that agency through a competitive bidding process. The General Manager, or Assistant General Manager in his/her absence, may authorize and execute such cooperative purchasing agreements. 1. Purchases Exceeding $25,000 The formal competitive bidding procedures of Section II.A. for purchases exceeding $25,000 are not required when the other public agency has secured a price through a formal, advertised competitive bidding process. Board approval is required prior to purchase. Attachment 1 Board Policy 3.03 Page 5 of 9 2. Purchases Not Exceeding $25,000 The bidding procedures of Section II. B. for purchases not exceeding $25,000 are not required when the other public agency has secured a price through a competitive bidding process. Approval from the General Manager or his/her authorized designee is required prior to purchase. D. Professional Services Professional consultant services are of a technical and professional nature, and, due to the nature of the services to be provided, do not readily fall within the “low bid” competitive bidding process. In addition, State law requires that selection of professional consultants in the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consulting be made on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable. Professional services agreements shall not be split into smaller units, nor shall contract amendments be used, for the purpose of circumvention of this Policy. As used in this Policy, “professional service agreement” shall mean and include all professional service agreements, which are part of or related to the same project or program for which the consultant is being retained, and annual service agreements to provide services on an ongoing basis in any fiscal year. This policy shall include, but not be limited to, services in the following fields: Engineering (for example, civil, acoustical, mechanical, electrical, structural, and traffic) Architecture Landscape Architecture Construction Management City and Regional Planning Economic Analysis Property Appraisals/Analysis Property Acquisition Financial Services Data Processing Services Project Management Environmental Planning and Analysis Land Surveying Legal Services Personnel Consultants/Facilitators/Coaches Recruitment Services Safety Services Trainers Attachment 1 Board Policy 3.03 Page 6 of 9 1. Selection Procedures for Professional Services in Excess of $25,000 When the cost for professional services is expected to be in excess of $25,000, the District shall prepare a Request for Qualifications (RFQ) outlining the professional’s qualifications, relevant experience, staffing and support and hourly rates as a basis for negotiating a contract or a Request for Proposal (RFP) outlining the terms, conditions and specifications of the services required by the District. A minimum of three (3) qualified firms or individuals shall be invited to submit proposals. District staff will review the proposals received, will select the most qualified firms for interviews, and will rank the consultants based upon the following criteria: i. Ability of the consultants to perform the specific tasks outlined in the RFP/RFQ. ii. Qualifications of the specific individuals who will work on the project. iii. Amount and quality of time key personnel will be involved in their respective portions of the project. iv. Reasonableness of the fee requested to do the work; comparability of fee to similar services offered by other qualified consultants. v. Demonstrated record of success by the consultant on work previously performed for the District or for other public agencies or enterprises. vi. The specific method and techniques to be employed by the consultant on the project or problem. vii. Ability of the consultant to provide appropriate insurance in adequate amounts, including errors and omissions if applicable. For the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consultants, initial selection of the most qualified and competent consultants shall not include the cost criteria listed in Section III. D.1. iv of this Policy. After staff has determined the most qualified and competent consultants, this cost criteria shall be considered in negotiating a professional services agreement with and final selection of the consultant. 2. Selection Procedures for Professional Services in Excess of $10,000 but Not Exceeding $25,000 District staff shall solicit written proposals from a minimum of three (3) qualified consultants. A formal RFP/ RFQ is not required. The selection shall be based upon the criteria noted in Section III. D.1. The General Manager or his/her authorized designee may approve the selection and execute the agreement. 3. Selection Procedures for Professional Services in Excess of $3,000 but Not Exceeding $10,000 District staff shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone or letter, contact at least three (3) qualified consultants and Attachment 1 Board Policy 3.03 Page 7 of 9 request them to submit a proposal either orally or in writing. Oral proposals shall be memorialized in writing, pursuant to the Administrative Purchasing Policy/Procedure. The selection shall be based upon the criteria noted in Section III. D.1. The authorized Department Manager or other authorized District employee may approve the selection and execute the agreement. 4. Renewal of Contracts with Professional Consultants The District may, at its sole discretion, and after following required consultant selection procedures, enter into consultant agreements which contain provisions authorizing their extension or renewal. However, recommendations to extend or renew an existing contract with a professional consultant should include an annual written evaluation of the work performed by the consultant as well as a determination that the fees being charged are comparable to similar services offered by other consultants at the time of renewal or extension. If the total amount of the original and renewed contract in any one fiscal year does not exceed $25,000, the General Manager or his/her authorized designee may execute the agreement. If the total amount exceeds $25,000, the request must be approved by the Board. 5. Conflict of Law These procedures are not applicable where superseded by local, state or federal law, where the terms of grant funding provide for the use of other consultant selection procedures, or where the District is obligated to select consultants through the use of different procedures, such as due to the requirements of an insurance or self-insurance program. 6. Special Circumstances These procedures are not applicable when three (3) qualified firms or individuals are unavailable, or if it is appropriate and in the best interest of the District under the specific circumstances of the project at issue, to limit the number of consultants solicited. The basis for such action shall be documented in writing and approved by the General Manager, the Assistant General Manager, or the Acting General Manager in his/her absence. When Board approval is required, the documented basis for such action shall be included in the report to the Board. 7. Prequalified Consultant File When, after District staff has undertaken the selection procedures as set out in this Policy and determined that a consultant is qualified and competent in the performance of the professional services in the consultant’s category, District staff may maintain a current file of such consultants in their appropriate categories. For a period of two four (42) years from determination of the qualification of such consultant, District staff may select such a prequalified consultant from the current file of prequalified consultants for the performance of professional services. Attachment 1 Board Policy 3.03 Page 8 of 9 E. Open Purchase Orders for Routine and Repetitive Supplies and Services Open purchase orders may be entered into with vendors who are expected to supply routine services, supplies, materials or labor to the District on a regular basis throughout the fiscal year (such as gasoline, discing, road maintenance, vehicle maintenance, printing, office supplies and field hardware). Open purchase orders shall be closed at the conclusion of each fiscal year. Vendors of repetitive supplies and services shall be selected through the competitive bidding procedures set out in Section II, based upon the anticipated or budgeted cumulative cost of the supply or service. Where competitive bidding procedures cannot feasibly be done, a comparison of vendors’ prices on representative sample items will be made and staff will provide written documentation of the price quotations used to select the vendor with the lowest cost, pursuant to the Administrative Purchasing Policy/Procedure. Multi-year contracts can be let only when appropriate and necessary to secure the best pricing or assure continuity of service. An annual review of the services and prices provided shall be documented by District staff to assure that the vendor is meeting the District’s needs and expectations and remains at a competitive price. Whenever feasible, multi-year contracts for service or supplies shall provide that the option to renew or extend the contract is at the District’s sole discretion. IV GENERAL PROVISIONS A. Conflict of Interest No District employee or official shall be financially interested, directly or indirectly, in any purchase, contract, sale, or transaction to which the District is a party and which comes before said official or employee for recommendation or action. Any purchase, contract, sale, or transaction in which any employee or official is or becomes financially interested shall become void at the election of the District. No employee or official shall realize any personal gain from any purchase, contract, sale, or transaction involving the District. B. Credit Cards The General Manager may approve the use of District credit cards for District purchases by authorized employees. The employee utilizing a credit card cannot exceed his/her purchasing authority, as authorized in this Policy and as delegated by the General Manager, and must follow the credit card procedures outlined in the Administrative Purchasing Policy/Procedure. District credit cards shall not be issued to individual members of the District Board of Directors. C. Purchase of Recycled Products District staff shall purchase recycled products whenever such products are available at equal cost to non-recycled products and when fitness and quality are equal. When recycled products are used, the supplier shall label the products to indicate that they contain recycled materials, and specify the minimum percentage of recycled material in the products. Attachment 1 Board Policy 3.03 Page 9 of 9 D. Violations of This Policy Employees are subject to disciplinary action up to and including termination for violation of this Policy. Attachment 1 R-15-140 Meeting 15-24 September 23, 2015 AGENDA ITEM 6 AGENDA ITEM Contract Amendments for Hazardous Materials Consulting Services GENERAL MANAGER’S RECOMMENDATION 1. Approve a contract amendment and term extension with Hazardous Management Services, Inc., extending the contract two years through August 2018 and increasing the contract by $50,100, for a total amount not-to-exceed $75,000 to provide hazardous materials consulting services. 2. Approve a contract amendment and term extension with SCA Environmental, Inc., extending the contract two years through August 2018 and increasing the contract by $50,100, for a total amount not to exceed $75,000 to provide hazardous materials consulting services. SUMMARY In May 2014, staff released a Request for Qualifications and Professional Rates (RFQPR) for hazardous materials surveys and monitoring in support of capital and operational construction projects on an on-call basis as the need arose. Staff evaluated eight (8) proposals and identified four (4) most qualified firms and entered into contract with these firms for an amount not-to- exceed $24,900 to perform on-call hazardous materials services. Hazardous Management Services, Inc., (HMS) and SCA Environmental, Inc., (SCA) have been the most responsive firms and their existing contracts are nearly complete. Staff is recommending the contracts with HMS and SCA be amended up to $75,000 and the contract term be extended two years through August 2018. The two-year extension is consistent with the General Manager’s recommendation that is also before the Board of Directors for this same meeting of September 23, 2015, to extend the period of prequalification for professional services from 2 years to 4 years. Funds for the on-call contract work are already included as part of individual project budgets, which are approved annually as part of the fiscal year budget. DISCUSSION Prior to initiating the RFQPR process to establish multiple on-call contracts for the District, staff from several departments were soliciting multiple bids for each individual project as needed. HMS was frequently selected as a qualified firm and was often deemed the lowest bidder through the competitive bid process and has a proven track record with the District for being highly responsive and performing quality work within short time frames. In order to increase efficiency in the professional services contracting process and reduce the District’s reliance on any one consultant, staff developed the RFQPR to enter into on-call contracts. Almost all construction projects involving a structure at the District require hazardous materials consulting R-15-140 Page 2 services before and during construction, and in many cases, these discoveries become known as the work unfolds, making on-call contracts highly effective. Through the RFPQR process, the District selected and contracted with the four (4) most qualified firms: HMS, Vista Environmental Consultant, Terracon/IHI Environmental, and SCA for an amount not-to-exceed $24,900. Requests for work (“task orders”) have been rotated among these four qualified firms with the goal of diversifying our use of consultants and allowing consultants to gain more experience performing this work on District projects. IHI and Vista have provided small amounts of work, but have been slow to respond and slow to create high quality work products due to a very busy construction and abatement construction market. The construction industry is booming in the Bay Area and professional services in support of construction are in high-demand. Rates for this type of work do not vary much among the four most qualified firms, but responsiveness and interest in providing work for the District has varied substantially. District hazardous materials projects tend to be small and require a higher degree of coordination relative to the project budget. HMS and SCA, by contrast, have provided timely responses and high quality work products. For these reasons, the General Manager is recommending Board approval to increase the on-call services contracts with HMS and SCA for an amount not-to- exceed $75,000 and to extend the contract terms for an additional two years through August 2018. Staff will continue to rotate work opportunities and draw down remaining funds from the other three contracts as needed (Vista: $20,662, IHI: $16,642). Depending on the continued work performance of the other two firms, staff would consider returning to the Board at a later date for authorization to amend those contracts as needed, for an amount not-to-exceed $50,000 and extend the term through August 2018. FISCAL IMPACT The funds for the two contracts amendment, which total $100,200, are budgeted in individual projects, which are part of the annual approved budget. BOARD COMMITTEE REVIEW There was no committee review for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS If approved by the Board, staff will proceed to amend the contracts with HMS and SCA. Staff will continue to rotate work through the four qualified firms. R-15-140 Page 3 Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Aaron Hébert, Project Manager R-15-137 Meeting 15-24 September 23, 2015 AGENDA ITEM 7 AGENDA ITEM Funding of the United States Geologic Survey Streamgaging Station on San Gregorio Creek GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with the San Mateo County Resource Conservation District, for an amount not-to-exceed $27,950, to provide funding for the United States Geological Survey’s Streamgaging Station on San Gregorio Creek. SUMMARY The United States Geological Survey (USGS) streamgaging station on San Gregorio Creek was established by the USGS in 1969 and has operated continuously, with several periods of interruption, since its establishment. Funding the streamgaging station has been an ongoing challenge since the USGS began reducing their funding contributions to gaging stations nationwide. Since 2009, the District has contributed funding towards the operation of this streamgaging station to ensure the uninterrupted operation and collection of streamflow data for San Gregorio Creek, an important creek for both steelhead and Coho salmon. In 2014, the San Mateo County Resource Conservation District (RCD) began a process to expand partner funding and seek longer-term funding commitments for the streamgaging station, however these efforts have not yet been successful in establishing long-term funding commitments. The USGS and RCD have requested the District provide funding to support operation of the streamgaging station through Water Year 2016 (ending in October 2016). Upon approval by the Board of Directors, the General Manager will enter into a contract with the San Mateo County RCD for $27,950 to fund a portion of the costs for the operation of the San Gregorio Streamgage through a Joint Funding Agreement with the USGS. A portion of this funding for may be reimbursed to the District if the RCD receives reimbursement for the streamgaging station costs through a grant from the State Water Resources Control Board. DISCUSSION The United States Geological Survey (USGS) streamgaging station #11162570, located on the Stage Road bridge crossing near the mouth of San Gregorio Creek, was established by the USGS in 1969 and operated continuously until September 1994. The Station was re-established in May 2001 and operated until September 2005. After an interruption for two years, the Station has operated continuously from July 2007 until April 30, 2015. In April of this year, the R-15-137 Page 2 streamgaging station was again suspended due to a lack of funding, however USGS left the equipment in place and continued to collect data but did not publish the data. The equipment was left in place with the hope that funding could be secured to continue to operate the gaging station. Funding the streamgaging station has been an ongoing challenge since the USGS began reducing their funding contributions to gaging stations nationwide. Today, the majority of the stations rely on a state/local match to pay for the operational costs. USGS pays the full cost to operate and maintain only 10% of the stations throughout the country. Midpen has historically voluntarily provided significant funding to support the operation of the Station on San Gregorio Creek. The table below summarizes the past funding provided by the District: Water Year USGS Share MidPen Share Other Partner Share Total Station Cost Notes 2009 $ 0 $13,800 $ 7,800 $ 21,600 State grant funding was frozen, therefore Midpen stepped in to provide funding 2010 $ NA $0 $ NA $ NA Funding breakdown unknown for this year. Midpen did not contribute funds. 2011 $ 8,950 $13,450 $ 0 $ 22,400 JFA with USGS 2012 $ 9,050 $ 6,775 $ 6,575 $ 22,400 JFA with USGS 2013 $ 6,850 $ 9,050 $ 4,500 $ 20,400 JFA with USGS 2014 $ 6,850 $10,000 $ 5,550 $ 22,400 JFA with San Mateo County RCD and USGS The other funding partners in past years have been the San Mateo County Resource Conservation District (RCD), Peninsula Open Space Trust, American Rivers, Trout Unlimited, and San Gregorio Environmental Resource Center. In 2014, the RCD took over the lead role in coordinating the partner funding for the streamgage, which is similar to a role the RCD provides in funding the streamgage in Pilarcitos Creek. In the last water year (2015, which ends on September 30), the RCD was not able to raise the necessary partner share to fund the streamgage (despite a continued $10,000 funding pledge by Midpen). USGS continued to operate the station in the hopes that the funds would be raised to cover the costs for the station. The gaging equipment was left in place, again in the hopes that the funds would be raised to cover the costs for the 2015 water year. In October 2015, USGS will remove the equipment from the gaging station if partner cost share funding is not provided. At that time, the Federal match funding for the station would also be withdrawn and would not be available for future years. This Federal withdrawal will raise the partner cost to operate the station by $7,000 to $8,000 per year. The funding required to reopen R-15-137 Page 3 and continue operating the station through water year 2016 is detailed in the table below. The funding required is indicated in the column titled ‘Partner Match’: Water Year USGS Share Partner Match Total Station Cost Notes 2015 $ 6,900 $ 13,700 $ 20,600 Partners unable to fund station costs. 2016 $ 7,200 $ 14,250 $ 21,450 Payment due by Sept. 30, 2015 USGS has informed the partners that a total of $27,950 is due by September 30, 2015 in order to continue to operate the station. In order to continue the operation of this station, the General Manager recommends Midpen provide the funding to cover the funding gap. This will allow streamflow data to be collected through what is projected to be a strong El Nino winter. Additionally, USGS will be able to release the data collected since May 2015 when the station was taken offline. The San Mateo RCD has received funding through an Integrated Regional Watershed Management Plan (IRWMP) grant for funding the streamgage. This grant funding could be applied to the 2016 streamgage costs, contingent upon agreement with the granting agency. However, this funding is not expected to be received by the RCD until after payment to the USGS is due. Therefore, the District will provide the funds for the 2016 water year costs, with the RCD working to reimburse the District contingent upon IRWMP grant funding approval of costs. Midpen will continue to work with the San Mateo RCD to obtain a long-term funding agreement and funding commitments for the San Gregorio Creek streamgage. FISCAL IMPACT Sufficient funds are available in the FY2015-16 Natural Resources Department budget to cover the $27,950 contract amount. BOARD COMMITTEE REVIEW No Board Committee review was conducted for this item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Funding to continue the operation of the stream gaging station on San Gregorio Creek is categorically exempt under section 15306 (basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource) of the California Environmental Quality Act. R-15-137 Page 4 NEXT STEPS Upon approval by the Board of Directors, the General Manager will enter into a contract with the San Mateo County RCD to fund a portion of the costs for the operation of the San Gregorio Streamgage through a Joint Funding Agreement with the USGS. Responsible Department Head: Kirk Lenington, Natural Resources Department Manager Prepared by: Kirk Lenington, Natural Resources Department Manager R-15-143 Meeting 15-24 September 23, 2015 AGENDA ITEM 8 AGENDA ITEM Contract for Completion of the Paulin and Houghton Remediation and Demolition Project at La Honda Creek Open Space Preserve and Debris Removal at El Corte de Madera Creek Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with Randazzo Enterprises, Inc. of Castroville, CA, for a not-to-exceed amount of $91,437 to complete the Paulin and Houghton Remediation and Demolition Project at the La Honda Open Creek Space Preserve and debris removal at El Corte de Madera Creek Open Space Preserve (Project). The not-to-exceed amount includes a base bid of $74,520 and an additive alternate of $4,990 for demolition, remediation, and clean-up, and a 15% contingency amount of $11,927. SUMMARY The demolition of the former Paulin residence and associated outbuildings, and the Houghton residence, was approved by the Board of Directors (Board) as part of the La Honda Creek Open Space Preserve (La Honda OSP) Master Plan in 2012. A Request for Bids for the work was issued on August 28, 2015 that also included debris removal at El Corte de Madera Creek Open Space Preserve (OSP). Three bid proposals were received and opened on September 18, 2015. The General Manager recommends awarding a contract for the Project to the lowest responsive and responsible bidder, Randazzo Enterprises, Inc. for a total not-to-exceed amount of $91,437. This amount includes a contingency of 15% to cover unforeseen conditions, including hazardous materials, which could be encountered during completion of the contract work. Funds for this work are provided through the District’s General Fund, and included in the Fiscal Year (FY) 2015-16 Budget for the Operations Department. DISCUSSION Background At the August 22, 2012 Board meeting (R-12-83), the Board approved the La Honda Creek OSP Master Plan and adopted the Mitigated Negative Declaration and Mitigated Monitoring Program. The Master Plan analyzed all of the structures in the Preserve. The plan recommended preservation of the Red Barn, White Barn, and Redwood Cabin, and the utilization of a number of structures as District residences or farm and grazing infrastructure. The plan also recommended the demolition of a number of buildings determined to be unusable given their condition and location, including those on the Houghton and Paulin properties. The contract encompasses remediation, demolition, recycling, and minor site grading at the Paulin and Houghton sites in La Honda OSP. R-15-143 Page 2 On July 14, 2015, staff presented the District’s vacant structures to the Planning and Natural Resources Committee to receive Committee input to guide the District’s development of a capital improvement plan for vacant structures. Through this work, staff has identified approximately 55 vacant and unused structures in the District, including a collapsed shed in El Corte de Madera OSP in close proximity to the Houghton demolition site. Recognizing that the removal of this debris under this contract would save the District money and staff time, staff bid this additional work out as additive alternate item and has incorporated this work, at a cost of $4,990, into the proposed contract. Waste Stream Diversion At the January 14, 2015 Board of Directors meeting (R-15-01), the Board approved the Construction and Demolition Waste Diversion Policy (Policy number 4.08). This policy directs the District project manager to review on a project-by-project basis the potential construction and demolition debris for recycle and salvage with the goal of diverting 100% of recyclable materials. Unfortunately, the materials found at the Paulin and Houghton sites are too degraded to be salvaged. The glass, drywall, and untreated wood can be recycled at the waste management facility. Contactor Selection A Request for Bids was issued on August 28, 2015, and was sent to all interested parties and five (5) builders’ exchanges. Legal notices were posted in the San Jose Mercury News and the San Mateo County Times. An Invitation to Bid was also posted on the District website. A mandatory pre-bid meeting and site walk was held onsite on September 4, 2015 and was attended by four (4) demolition and remediation contractors. Sealed bids were due on September 18, 2015, and three bids were received and opened with the results as follows: Table 1: Remediation and Demolition (Base Bid) Bidder Location Total Base Bid Difference from Cost Estimate of $120,000 Randazzo Enterprises, Incorporated Castroville, CA $74,520 -38% Western Abatement, Incorporated Pleasanton, CA $143,830.00 +20% Asbestos Management Group of CA, Inc Oakland, CA $95,725.00 -20% Bid Analysis After reviewing the contractors' relevant experience and qualifications, staff recommends awarding the contract to Randazzo, which is the lowest responsible and responsive bidder. The average of the three bids, $104,692, was 13% less than cost estimate of $120,000. The wide variation is largely explained by different approaches to demolishing the Paulin property, which has several access constraints. Contingency A 15% contingency amount is recommended for this demolition project due to the high potential for unforeseen conditions that could be encountered, including but not limited to discoveries during subsurface excavation. Although representative hazardous material sampling was R-15-143 Page 3 completed, the potential exists for additional hazardous materials beyond those already known to be encountered during demolition and ground disturbance activities, which would require appropriate abatement. FISCAL IMPACT The proposed award of contract is for a not-to-exceed amount of $91,437. The District’s FY2015-16 Operations Department Budget includes $390,000 to complete the remediation and demolition of the Paulin and Houghton Demolition. Remaining funds will cover additional costs, not included in this contract, including biological surveys, historic structures evaluation, and permits. BOARD COMMITTEE REVIEW On July 14, 2015, the Planning and Natural Resource Committee received an FYI memorandum on the “Upper La Honda Demolitions”. The FYI was also forwarded to the Board of Directors as part of the August 12, 2015 Board meeting packet. PUBLIC NOTICE Public notice of this agenda item was provided per the Brown Act. Adjoining property owners have also been mailed a copy of the agenda for this public meeting. No additional notice is required. CEQA COMPLIANCE Awarding the bid and issuing a contract for the Paulin and Houghton Remediation and Demolition is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program for the La Honda OSP Master Plan. NEXT STEPS If approved by the Board of Directors, the General Manager will enter into a contract with Randazzo, to complete remediation and demolition of all structures and perform site restoration work. Execution of the contract is subject to the contractor meeting all District requirements, including required insurance and bonding. The permit process will begin immediately after the execution of the contract. Demolition is anticipated to begin in early October and be substantially complete by November. Attachments: 1. Maps and Pictures Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Aaron Hébert, Project Manager Graphics prepared by: Jamie Hawk, GIS Technician É !!! !!! !!! !!! !!! !!! !!! LH04 LH02 LH01 LH05 LH03 CM05 CM06 LHLot01 L a H o n d a C r e e k H a r ri n g t o n C r e e k Midpeninsula RegionalOpen Space District September, 2015 Pa t h : G : \ P r o j e c t s \ L a _ H o n d a _ C r e e k \ P a u l i n a n d H o u g h t o n D e m o l i t i o n \ L H C _ P a u l i n H o u g h t o n D e m o l i t i o n _ B o a r d M e e t i n g 2 0 1 5 0 7 1 4 . m x d Cr e a t e d B y : j m i s s a g h i a n 0 0.250.125 MilesI (MROSD) Other Protected Open Spaceor Park Lands MROSD Preserves Private Property 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. Area of Detail La Honda CreekOpen Space Preserve El Cortede MaderaOpen SpacePreserve £¤1 £¤84 £¤280 £¤35 WunderlichCounty Park "White" barn andHoughton house Redwood cabin andPaulin house £¤35 £¤84 ""Structure Bear G u lc h R o a d Allen Road (p ri v a t e ) B e a r G u l c h Road S t a r w o o d D r i v e Half Moon Bay La Honda Redwood City S kylineBlvd K e b e t R i d g e Road !!!MROSD Gate Parking Lot Demolition areaUrban Area Other Public Agency Shed/Debris Attachment 1 !!! !!! !!! !!! ú ¾¾× ú ú £¤35 1. Paulin House/ Chain Link/ Septic 2. Outbuilding / Garage 3. Treehouse "Redwood Cabin" M o r s e L n Sk y l i n e B l v d . ( C A 3 5 ) LH04 18 0 0 16 0 0 1600 1600 L a H o n d a C r e e k Midpeninsula Regional Open Space District August, 2015 Pa t h : G : \ P r o j e c t s \ L a _ H o n d a _ C r e e k \ P a u l i n a n d H o u g h t o n D e m o l i t i o n \ P a u l i n S I t e M a p _ J M _ E d i t s . m x d Cr e a t e d B y : j m i s s a g h i a n 0 200100FeetI (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. StructuresFormer Rental Bridge ¾¾× ú !( 1. Paulin House / Chain Link / Septic 2. Outbuilding / Garage 3. Treehouse and Fence Attachment 1 2. WaterTank3. ConcretePad 4. Redwood & Kreosote Fence 8. Chicken Coop White Pump(NIC) 6. 16' x 40' Concrete Pad 5. Metal Drum &Fence Gate PG&E Meter Pole Wood Pile PG&E Powerpole 7. & 9.Wood Pile OverheadLine White Barn(NIC) 1. HoughtonHouse CinderblockGarage(NIC) District Residence(leased to public)(NIC) A l l e n R o a d Midpeninsula RegionalOpen Space District August, 2015 Pa t h : G : \ P r o j e c t s \ L a _ H o n d a _ C r e e k \ P a u l i n a n d H o u g h t o n D e m o l i t i o n \ H o u g h t o n S i t e M a p . m x d Cr e a t e d B y : j m i s s a g h i a n 0 200100FeetI (MROSD)Powerpole1. Houghton House 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. 3. Concrete Pad 2. Water tank 4. Redwood & Kreosote Fence 6. 16' x 40' Concrete Pad 5. Metal Drum & Fence Gate 7. Wood Pile 9. Woodpile 8. Chicken Coop Fence Line Attachment 1 Attachment : MAP AND PICTURES OF PAULIN AND HOUGHTON DEMOLITIONS Paulin House Paulin Outbuilding Attachment 1 Houghton House Collapsed Shed at ECDM Attachment 1 R-15-141 Meeting 15-24 September 23, 2015 AGENDA ITEM 9 AGENDA ITEM City of San Carlos Ballot Measure V for Purpose of the Acquisition and Improvement of the Black Mountain Properties as a Public Park GENERAL MANAGER’S RECOMMENDATION 1. Discuss and potentially take action on alternatives for response to a request from the San Carlos Measure V Campaign to endorse Measure V; 2. Refer to the Legislative, Funding and Public Affairs Committee a work item for later in the fiscal year to develop a policy concerning Endorsements of Ballot Measures and Legislative Advocacy. SUMMARY In July 2015 the City of San Carlos City Council voted to place a $45 million bond measure on the November 3, 2015, ballot, for purchase of the 25 acre Black Mountain property for purposes of creating a public park with walking trails, recreation, and restrooms/facilities. If the measure, called Measure V, were successful, the park would be master-planned through a public process following purchase of the property. On August 30, 2015, the District’s Board of Directors received an endorsement request from the Measure V campaign. Although the District does not have a Board policy providing guidance on if or when a ballot measure endorsement request should be considered by the Board, Measure V relates to the District’s core mission regarding preservation of open space. However, instead of a specific recommended action regarding this endorsement request, the General Manager is presenting a brief summary of Measure V and alternatives the Board may wish to discuss and consider. Board consideration of this action is time sensitive. It is being brought before the Board at this time because the election is vote by mail, which will commence on October 5, 2015. Also, in order to provide future guidance regarding other ballot measure endorsement requests, the General Manager is recommending a referral to the Legislative, Funding and Public Affairs Committee to develop a Board policy concerning Endorsements of Ballot Measures and Legislative Advocacy. BACKGROUND The Black Mountain Properties (BMP) is comprised of 12 parcels, totaling approximately 25 acres. Named after the spring that is still actively flowing today, the properties are located within the City of San Carlos (City), roughly bounded by Alameda De Alas Pulgas, Madera Ave. and Melendy Dr (Attachment 1). Several private residences remain on site. Other existing structures include a green house and sheds. R-15-141 Page 2 Some of the properties became available for purchase in 2014. In addition to the City’s interest, the San Carlos School District had once expressed interest. However, it appears that the school district is no longer actively pursuing the purchase. To gauge community interest in the City purchasing the property, the City conducted an outreach process in early 2015. The outreach process included community preview events, booths at various public events, presentations to community groups, online information, and a voter survey. Based on the results of the outreach process, the City Council adopted Ordinance No. 1493, “Ordering the Submission of a Proposition of Incurring Bonded Debt to the Qualified Voters of the City of San Carlos at the General Municipal Election to be Held on November 3, 2015, for the Purpose of the Acquisition and Improvement of the Black Mountain Properties as a Public Park” during its regular meeting on July 25, 2015. The ordinance calls for the following: • A bond election to be held on November 3, 2015 and specifies the form of the 75-word measure that will appear on the ballot. The Election Ordinance expressly states that the bond proceeds may only be spent to acquire, create and enhance Black Mountain Park. • A maximum bond amount of $45 million to be paid out in 30 years from the levy of additional ad valorem property taxes. • The appointment of a citizen’s oversight committee to review and report on the expenditure of the bond proceeds. • Public input regarding the scope and design of the improvements for Black Mountain Park. The ballot language states: “To permanently protect and preserve rare San Carlos open space from development, protect a local water source, prevent increased traffic congestion, and improve access to tranquil natural areas and parks, including walking trails, recreation, and restrooms/facilities, shall City of San Carlos issue $45 million in bonds to acquire, create and enhance Black Mountain Park, located along Alameda de las Pulgas between Madera Avenue and Melendy Drive, with citizen oversight and funds restricted to these specific purposes only?” The ordinance also authorized the City to execute a tax rate statement that will be printed on the ballot measure. This statement estimates the total principal and interest to be paid over the life of the bonds to be $86.7 million. This estimate translates to an average of approximately $20 per $100,000 of assessed value per year per resident in San Carlos for the 30 year life of the bonds. The City anticipates purchasing the land at a fair price based on assessed value and not necessarily the listed asking price. To further comply with the ordinance, the City will determine the procedure for appointing the oversight committee at a later date. In order to meet all required timelines, development of a master plan for the property is deferred until after the November election. DISCUSSION At the August 12, 2015, Board meeting, Director Harris requested the Board consider endorsing Measure V. On August 30, 2015, an endorsement request letter was submitted to the Board from R-15-141 Page 3 Measure V Campaign Coordinator Mike Aydelott (Attachment 2). The District does not currently have an established policy or process for evaluating ballot measure endorsement requests. In this case, because Measure V relates to the District’s core mission in that it would result in the preservation of some amount of open space, the General Manager directed staff to prepare a brief review of the measure and alternative actions the Board could consider. As stated above, if Measure V is approved by the voters, the City plans to then develop a master plan for the property. The Election Ordinance requires “the City Council seek public input regarding the scope and design of the improvements for Black Mountain Park.” Measure V campaign information states “a volunteer citizens’ committee will participate in an open, public process to design the new Black Mountain Park.” However, at this time, it is not known how much of the property will be passive open space and trails, other recreational facilities, or other facilities or infrastructure. Nor is it clear at this point what the final disposition of existing buildings would be, or the amount of restoration or remediation that may be required. Nonetheless, it is clear that Measure V would allow the City to purchase and protect the property as a public park with some mix of City park/open space uses. By placing Measure V on the ballot, the City is suggesting that it cannot otherwise currently afford to purchase the property, and thus the property would remain available for sale and some other purchaser’s private development plan, which could be residential development. Measure V aligns with the District’s mission in that it would result in some amount of protected passive open space and public access. However, it differs from the District’s mission in that the property is likely to also include some amount of active recreation facilities, which are a popular service provided by cities. The request for the District to endorse Measure V raises the policy question of whether or not, or when, the District should take an advocacy position on potentially controversial development and tax/financial issues affecting cities within the District. Absent policy guidance on whether or not, or when, the District should consider ballot measure endorsements, the General Manager is not making a recommendation on the Measure V endorsement request, but instead has developed several alternatives the Board may wish to consider: 1. Support Measure V by Board majority vote, finding that a public park with a mixture of open space and recreation is more aligned with the District’s mission than is the possibility of the property being privately developed. Send a letter stating the District’s endorsement, and encouraging a significant percentage of passive open space and trails in the final plan for the park; 2. Take a neutral position on Measure V by Board majority vote, and send a letter stating the District’s neutral position, but encouraging a significant percentage of passive open space and trails in the final plan for the park; 3. Take no action on Measure V; 4. Suggest that individual Board members may support or oppose Measure V. (This individual Board member action could be taken in addition to Alternatives 1, 2, or 3 above). The General Manager does recommend that the Board make a referral to LFPAC for consideration of developing a Board Policy regarding ballot measure endorsements and R-15-141 Page 4 legislative advocacy. Such a policy would provide criteria that could be consistently applied to the General Manager’s evaluation of whether or not it would be appropriate for the Board to consider a position on local ballot measures, when requested, or even state propositions or state or federal legislation. FISCAL IMPACT There is no fiscal impact to the District associated with a Board decision in response to the Measure V endorsement request. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Public notice of this Agenda Item was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If the Board decides to submit a letter stating the Board’s position on Measure V, the letter will be finalized following Board action and signed and sent by the Board President on behalf of the full Board of Directors. Attachments: 1. Map & Aerial Photo of Black Mountain Properties 2. Measure V Campaign Endorsement Request Letter Responsible Manager: Steve Abbors, General Manager Prepared by: Kevin Woodhouse, Assistant General Manager Attachment 1 August 30, 2015 Board of Directors Midpeninsula Regional Open Space District Dear MidPen Directors, On behalf of the campaign committee for San Carlos Measure V, I’m writing to ask for your support and endorsement of a $45 million bond issue for the acquisition and upgrade of the Black Mountain properties - 25 acres of undeveloped land in the heart of San Carlos, along Alameda just north of Melendy. We see this as a chance to preserve and protect it forever as a park and open space for the entire community to enjoy. The Black Mountain Park Ballot Measure will: • Permanently protect some of the last remaining undeveloped residential areas and open space in San Carlos – otherwise a developer could build up to 100 new homes there. • Protect San Carlos taxpayers – all funds will stay in San Carlos and can only be spent on Black Mountain; none of the money can be used for City administrator salaries. • Provide tranquil walking paths, trails and recreation in a public park. • Protect a local water source. • Ensure local control of Black Mountain forever – an important legacy we can leave for future generations. • Establish a volunteer citizens committee that will be appointed to hold an open, public process to finalize plans for the new Black Mountain Park. There will also be independent citizens oversight of spending to ensure funds are spent as promised. • Protect a beautiful old home – with spectacular views and gardens – that could be repurposed as a community center. If measure V is not approved, there is a good chance that this hidden gem will be turned into another housing development of perhaps as many as 100 homes. The resulting congestion and traffic will made a difficult situation even worse. Our polling suggests that community support for Measure V is strong. However, with a 2/3 majority required for approval, the bar is very high and the campaign will be intense and costly. Your support will strengthen our case and enhance our effectiveness. We respectfully request your endorsement for this important and significant opportunity and thank you for your consideration. We have enclosed a copy of our latest Frequently Asked Questions document for your reference and invite you to visit our website for more information. Sincerely, Mike Aydelott Campaign Coordinator Attachment 2 Save%Black%Mountain% Measure%V%FAQ% % What%is%Black%Mountain?%! Located!along!Alameda!de!las!Pulgas!between!Madera!Avenue!and!Melendy!Drive,!Black! Mountain!is!one!of!the!last!remaining!undeveloped!residential!areas!in!San!Carlos.!The!nearly! 25Eacre!site!is!centrally!located!in!San!Carlos!and!is!home!to!an!array!of!wildlife,!trees!and! beautiful!views!of!our!area.!It!also!offers!the!potential!for!tranquil!walking!paths,!trails,!and! recreation!in!a!park,!all!easily!accessible!to!residents.!! % What%is%the%history%of%Black%Mountain?%! Black!Mountain!Spring!Water!Company!was!named!after!the!underground!spring!still!actively! flowing!on!San!Carlos’!own!Black!Mountain.!George!Washington!Faulstich!founded!the!Black! Mountain!Spring!Water!Company!in!1937!and,!until!it!was!purchased!in!1999,!it!was!the!largest! independently!owned!bottled!water!company!in!the!United!States.!! ! The!San!Carlos!that!Faulstich!lived!in!was!very!different!from!what!it!is!today—a!sparsely! populated,!hardscrabble!place!of!small!farms!owned!by!recent!German!and!Irish!immigrants.! One!Faulstich!neighbor!remembers!being!able!to!see!from!his!house!to!San!Francisco,!with!only! farms!and!orchards!stretching!to!the!city.!! ! Today,!with!so!much!development!and!traffic!congestion!on!the!Peninsula,!it!is!vital!to!preserve! this!beautiful!open!space!and!maintain!a!balance!we!could!lose.!! % Why%do%we%need%Measure%V?%! On!July!27,!the!San!Carlos!City!Council!voted!unanimously!to!place!Measure!V,!the!Black! Mountain!Park!Ballot!Measure,!on!the!ballot!in!the!November!3,!2015!election.!! ! If!Measure!V!passes,!it!will!enable!the!City!of!San!Carlos!to!acquire!Black!Mountain!and!create!a! park!there.!This!will!prevent!it!from!being!developed,!make!it!accessible!to!the!public!and! preserve!the!open!space!permanently.!With!so!much!development!and!traffic!congestion!on! the!Peninsula,!we!need!to!create!a!balance!by!preserving!open!space.!If!Measure!V!doesn’t! pass,!a!developer!could!build!up!to!100!homes!on!this!currently!unprotected!land.! % Is%Measure%V%the%only%way%to%save%Black%Mountain?%! Without!Measure!V,!the!City!has!no!other!way!to!acquire!Black!Mountain,!and!up!to!100!homes! could!be!built!there!by!a!private!developer.!Funding!from!Measure!V!will!allow!our!community! to!seize!this!rare!opportunity!to!permanently!protect!a!natural!setting!in!the!center!of!our!city! as!an!important!legacy!for!future!generations.!The!longer!we!wait,!the!more!expensive!the!land! will!get,!and!the!likelier!it!is!that!some!or!all!of!the!open!properties!will!be!developed!with!! new!homes.!! % %% Attachment 2 What%will%Measure%V%do?% Measure!V!will:!! • Permanently!protect!some!of!the!last!remaining!undeveloped!land!and!open!space!in! San!Carlos!–!a!park,!not!100!homes! • Provide!tranquil!walking!paths,!trails!and!recreation!for!all!ages!to!enjoy! • Protect!a!local!water!source! • Ensure!local!control!of!Black!Mountain!forever!–!an!important!legacy!for!future! generations! % What%will%go%in%the%park%on%Black%Mountain?% No!plans!have!been!made!yet.!After!Measure!V!is!approved,!a!volunteer!citizens’!committee! will!participate!in!an!open,!public!process!to!create!plans!for!the!new!Black!Mountain!Park.! % How%much%will%Measure%V%cost?%%% Measure!V!will!cost!approximately!$20!per!$100,000!in!assessed,!not!market,!property!value.! Since!the!passage!of!Prop.!13,!the!assessed!value!is!nearly!always!much!closer!to!the!original! purchase!price!of!the!property!than!to!the!current!market!price,!which!substantially!helps! seniors!or!those!on!fixed!incomes!who!have!lived!in!their!homes!a!long!time.!! % Will%Measure%V%protect%San%Carlos%taxpayers?% Yes,!Measure!V!protects!San!Carlos!taxpayers:! • All!funds!must!be!spent!in!San!Carlos!and!only!to!create!a!park!on!Black!Mountain!–!no! funds!can!be!spent!for!any!other!purpose! • None!of!the!money!will!be!used!for!City!administrator!salaries! • A!volunteer!citizens’!committee!will!participate!in!an!open,!public!process!to!design!the! new!Black!Mountain!park! • An!independent!citizens’!oversight!committee!will!ensure!funds!are!spent!as!promised! % Could%100%homes%really%be%built%on%Black%Mountain?% According!to!San!Carlos!Municipal!Code,!the!land!included!within!Measure!V!is!zoned!as!a! singleEfamily!residential!area!with!up!to!six!units!per!acre.!Even!with!challenging!topography,!up! to!100!homes!could!absolutely!be!built!there—especially!as!the!economy!in!our!area!continues! to!heat!up.!Ultimately,!the!heart!of!the!question!this!November!is!whether!Black!Mountain! stays!private!and!is!eventually!developed,!or!becomes!a!park!and!remains!green!and!open.! % Will%Measure%V%provide%for%both%acquiring%the%site%and%preparing%it%for%use%as%a%park?% Yes,!it!will.!In!addition!to!acquiring!Black!Mountain,!there!are!some!considerations!to!take!into! account!in!preparing!it!for!use!as!a!park,!such!as!cleanEup,!parking,!trails!and!other!needed! facilities.!Measure!V!will!make!all!of!this!possible.!! % Attachment 2 Why%a%$45%million%bond%measure?% Black!Mountain!is!currently!on!the!market,!and!if!Measure!V!is!not!approved!this!November,! there!are!no!future!guarantees!regarding!the!use!of!the!land.!The!City!is!negotiating!with!the! property!owners!to!determine!a!fair!price!for!the!land!that!would!protect!San!Carlos!taxpayers.!! ! In!addition!to!the!cost!of!purchasing!the!land!there!would!be!additional!costs!related!to! parking,!restrooms,!paths!and!trails,!and!other!considerations!that!must!be!included!in!any!plan! for!making!Black!Mountain!publicly!accessible!to!all!residents,!including!those!with!disabilities.! Measure!V!would!raise!$45!million!to!acquire!the!area!and!get!it!ready!for!the!public!to!enjoy!as! a!park.! % How%can%I%vote%for%Measure%V?% Measure!V!will!appear!on!the!November!3,!2015!allEmail!ballot.!All!registered!voters!in!San! Carlos!will!receive!a!ballot!by!mail!in!early!October.!To!be!sure!your!vote!counts,!please!mail! your!ballot!as!soon!as!possible!after!you!receive!it.!In!order!to!pass,!Measure!V!must!be! supported!by!66.7%!of!those!who!vote!on!it.!! ! For!more!information!about!voting,!contact!the!San!Mateo!County!Registrar!of!Voters!at!(650)! 312E5222!or!visit!www.shapethefuture.org.! How%can%I%help%pass%Measure%V?% For!more!information,!please!email!Laura!Teutschel!(Campaign!Chair)!and!Mike!Aydelott! (Campaign!Coordinator)!at!blkmtnvols@gmail.com.!! ! ! Attachment 2 R-15-142 Meeting 15-24 September 23, 2015 AGENDA ITEM 10 AGENDA ITEM Santa Cruz Mountains Stewardship Network Memorandum of Agreement GENERAL MANAGER’S RECOMMENDATIONS Authorize the General Manager or his designee to sign on to the Memorandum of Agreement for the Santa Cruz Mountains Stewardship Network. SUMMARY The Santa Cruz Mountains Stewardship Network (Network) is a region-wide and cross sector collaboration of organizations committed to practicing effective stewardship on lands they manage and coordinating their efforts with other land stewards to enhance stewardship effectiveness on a regional level. Initially convened in late 2014 by the Sempervirens Fund, the Network began with 23 members, and worked collaboratively to select a foundation-funded facilitating consultant team. With the help of the consultant team, Converge, the Network has held two multi-day meetings in March and June, 2015, focused on understanding each partners’ goals and opportunities for stewardship collaboration, developing a Memorandum of Agreement, developing a governance structure for the Network, and identifying initial potential collaborative stewardship projects. A goal of the Network is to have each partner sign on to the Memorandum of Agreement (Attachment 1) at the next Network meeting on September 29-30. The General Manager’s recommendation is for the District to formally participate in the Network by signing on to the Memorandum of Agreement. The Network is an opportunity to formalize and enhance collaborative efforts the District is already pursuing in order to follow its strategic plan and fulfill its Vision Plan and Measure AA projects. The Memorandum of Agreement does not obligate the District to provide any funding for the Network at this time, nor does it commit the District to provide funding or staff resources for projects that are not already part of the District’s current Budget and Action Plan or Vision Plan. Any future funding requests related to the Network would be reviewed at that time and authorization requested from the Board as appropriate. DISCUSSION Formation of the Network In 2015 the Sempervirens Fund completed a Conceptual Area Protection Plan for the Santa Cruz Mountains area. Fifteen partner public agency and nonprofit landowners and land managers, including the District, worked for more than two years researching conservation values of the area and, in the process, learned that the Santa Cruz Mountains is managed by more than 25 different agencies and non-profit organizations through a wide array of land management strategies focused on individual units of land but lacking larger landscape level coordination. R-15-142 Page 2 Building on this planning effort, the Sempervirens Fund secured funding through the S.D. Bechtel Jr. Foundation and the Bay Area Conservation Initiative of the Resources Legacy Fund to plan and create a more coordinated network of land management partners. To begin this process, Sempervirens released a Request for Proposals in mid-2014 for consultant services to facilitate the formation and establishment of a stewardship network. Sempervirens also invited dozens of organizations to participate in the network. Representatives from these agencies held group interviews of consultant teams in September 2014. Converge, a team of consultants specializing in systems and design thinking and organizational and network strategy, was selected and began designing a network formation process. At the time of consultant selection, Sempervirens also confirmed the list of Network participants initially willing to commit time to the formation effort. Original Network participants are listed in Attachment 2. It is important to note that the Network will not be limited to this original list; the Network will be developing a governance structure/processes to guide the evolution of the Network, such as Network management, funding, membership criteria and coordination of collaborative stewardship projects. Network Activities Converge began by individually interviewing the designated representatives from the participating organizations in order to understand the organizations and the individuals representing them. The General Manager designated Kevin Woodhouse, Assistant General Manager over Visitor & Field Services and Natural Resources, as the District’s representative. In Converge’s experience across the country and internationally, they have learned that effective networks depend on individual, as well as organizational relationships. They advocate the Network should be a combined commitment of the organization and the individual representing each organization, that trust between organizations grows from the personal commitments, and consistent participation, between the representatives. If an individual representative changes jobs within or between organizations and can no longer participate in the Network, then his/her Network representation role should be handed off to a new participant. Following the individual interviews and information gathering, Converge facilitated two multi- day meetings. The first occurred in March 2015 and over the course of two days focused on building relationships between Network members and identifying shared values and the need for and benefits of collaboration. The second multi-day meeting occurred in June and over the course of three days focused on specifying and organizing the work of the Network. Major outcomes of the second session included: • A draft Memorandum of Agreement; • The formation of three “Impact Teams” focused on leverage points where collaboration is anticipated to achieve more than any organization could achieve on its own: - Building public awareness about the importance of stewardship; - Identifying sources of funding for stewardship projects and the Network; - Identifying and coordinating potential collaborative stewardship projects; • Selection of the Network’s Core Team to head up its governance, including leading an effort to hire a Network Coordinator; • Identification of 14 initial stewardship projects with potential for collaboration among network members; More detail about each of these outcomes is provided in Attachment 3, the “Convening 2 Report.” R-15-142 Page 3 The final multi-day meeting of the formation phase of the Network is scheduled for the end of September, with the following objectives: • Sign the MOA; • Clarify and evolve the work of the Core and Impact Teams; • Refine and agree on network organization and governance issues; • Develop a two-year timeline for the Network’s development; • Clarify funding requirements to sustain the Network. Memorandum of Agreement The Network MOA (Attachment 1) is consistent with the District’s mission, strategic plan, Vision Plan, and focus on delivery of Measure AA projects. Restoration and ongoing stewardship of public lands is a critical District mission focus. In addition, the priority focus areas identified in the Preamble to the MOA are also priority areas explicit in the District’s Vision Plan: • Enhancing Water Quality and Watershed Health • Managing Invasive Plant and Animal Species • Maintaining Biodiversity and Endangered Species • Climate Change Adaptation • Monitoring, Research, and Education • Access to Public Lands • Strong Human Communities and Citizen Engagement Furthermore, collaboration with partner agencies and development of landscape level conservation values is the focus of Goal #1, Objectives 1 and 2, of the District’s FY 2015-16 Strategic Plan, which states, “Promote, establish, and implement a common conservation vision with partners – build and strengthen collaboration with partners, and implement an integrated approach to conservation on the Peninsula, South Bay, and San Mateo Coast.” Although signing of the MOA and participation in the Network does not obligate the District to provide funding for the Network at this time, it should be noted that there is the possibility in the future that the Network may request financial contributions in the future to fund Network coordination, depending on the outcome of grant/foundation funding searches. However, any future funding requests related to the Network would be reviewed at that time and authorization requested from the Board as appropriate. District Benefits from the Network As listed in Appendix B to Attachment 3, the District has two major Action Plan projects that could immediately benefit from, or add value to, collaboration with partners through the Network. First, the District’s project to plan a demonstration forestry project can benefit from the expertise of many of the partner agencies that have experience with this type of work. Second, the District’s collaborative work to restore and open Mt.Umunhum to public access can serve as an example of collaborative stewardship, and as a focal point to increase awareness about the importance of stewardship. Mt. Umunhum is a prominent vista point for the entire Santa Cruz Mountains Region, and could be featured as a stopping point for stewardship focused educational tours that are being planned by the Network’s “Awareness” Impact Team. R-15-142 Page 4 Numerous other projects in Appendix B are issues with which the District is already involved with partner agencies or even has internal expertise to lend value to other agencies’ efforts. Network & Other Collaborations The District is currently involved in other collaborations and specific partnerships on specific projects. One example is a collaboration, called the “Peninsula Working Group,” with the Peninsula Open Space Trust, the Golden Gate National Recreation Area, California State Parks, San Mateo County Parks, the California State Coastal Conservancy, and the San Francisco Public Utilities Commission. There is overlap between this collaboration and the Network, and both sides have begun discussions about how to reduce overlap, either by merging efforts, or specifying focus points of each group to not be redundant. One of the objectives of the Network’s MOA is to “leverage existing activities and resources and avoid duplication of stewardship efforts.” Although a solution to this overlap has not been identified at this point, the topic will be actively discussed by both groups. All of the agencies that overlap between the Network and the Peninsula Working Group are aware of this discussion, and agree that the Network’s momentum at this formative stage should not be slowed by trying to resolve the overlap prior to Network participants signing the MOA. BOARD COMMITTEE REVIEW This item has not been previously reviewed by a Committee. PUBLIC NOTICE Public notice of this Agenda Item was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If authorized by the Board, the District will sign the Memorandum of Agreement with the Santa Cruz Mountains Stewardship Network at the upcoming September 29-30 Network meeting. Attachments: 1. Memorandum of Agreement – Santa Cruz Mountains Stewardship Network 2. List of Initial Network Participants 3. Network Convening 2 Report Responsible Manager: Steve Abbors, General Manager Prepared by: Kevin Woodhouse, Assistant General Manager Santa Cruz Mountains Stewardship Network Preamble The mission of the Santa Cruz Mountains Stewardship Network is to help cultivate a resilient, vibrant region where human and natural systems thrive for generations to come. The Santa Cruz Mountains region has a long history as a place of significant cultural, biological, and environmental diversity which supports many native plant and animal species found nowhere else on Earth. Those who love and value this important region share a rare opportunity and responsibility to protect this unique ecological and cultural heritage and the ways of life it sustains. The Santa Cruz Mountains region, as we define it, extends from the San Francisco Bay area, south to the Pajaro River and is bounded to the east by the Santa Clara Valley and the Pacific Ocean to the west. The region is comprised of a diverse array of ecosystems which include diverse natural features ranging from ridge tops to alluvial fans, old growth forests, saltwater lagoons, marshes, mudflats, and intertidal zones. Ownership and land use varies from park and open space preserves to privately held timber and agricultural lands interspersed with both rural and urban communities. Good land stewardship occurs on both public and private lands, “preserved” and “working” lands. The act of stewardship toward land is based on the concept that landowners and land managers take good care of the land for its own sake and for the future, and not only for short-term personal gain. Effective stewardship of a large landscape or region requires an approach that promotes a wide range of beneficial uses or values, including but not limited to ecological, recreational, aesthetic, spiritual, cultural, and economic. The Network will help coordinate stewardship efforts at the landscape and local scales. Some of the specific priority areas we agree are critical include: • Enhancing Water Quality and Watershed Health • Managing Invasive Plant and Animal Species • Maintaining Biodiversity and Endangered Species • Climate Change Adaptation • Monitoring, Research and Education • Access to Public Lands • Strong Human Communities and Citizen Engagement Attachment 1 Santa Cruz Mountains Stewardship Network Memorandum of Agreement This Memorandum of Agreement establishes the Santa Cruz Mountains Stewardship Network, a region- wide and cross-sector collaboration of individuals and organizations who are committed to practicing effective stewardship on their own lands and coordinating their efforts with other land stewards to enhance stewardship on a regional level. Stewardship Network participants agree that effective land stewardship on a regional level is characterized by: • Emulating or enhancing natural ecosystem functions • An active, varied, “mosaic” approach that identifies and promotes a wide range of benefits or conservation values • Experimenting with a range of stewardship practices as appropriate • Consistent monitoring and evaluation, adjusting land practices to improve results • Co-operative efforts and the sharing of critical information • Identifying and communicating the acceptable and unacceptable thresholds of threat or hazard, and the consequences of action versus inaction • Responsible and responsive regulation that does not unduly hamper stewardship efforts • The availability of sufficient resources to achieve long-term goals Accordingly, participants agree that their primary objectives for forming and joining the Stewardship Network are to: • Build trust and strengthen relationships within and across sectors and jurisdictional boundaries • Value diverse perspectives and approaches to stewardship, exploring together what constitutes best current and future stewardship practices • Sense and respond to emergent challenges • Identify critical obstacles that hamper stewardship efforts and develop strategies for improving effectiveness • Collaborate where individual and regional stewardship goals converge • Leverage existing activities and resources and avoid duplication of stewardship efforts • Share information in order to enhance knowledge and promote best practices that support long term sustainability • Inform other landowners, the public at large, potential project funders, regulators, and legislators about the importance and value of effective stewardship for enhancing the health of the Santa Cruz Mountain region • Recognize and support landowners and private businesses who are advancing stewardship goals and are using best practices • Ensure adequate resourcing for long term stewardship efforts • Educate and recruit future stewards of the land Attachment 1 The Undersigned, while not legally bound, share the intention to support the primary objectives of the Santa Cruz Mountains Stewardship Network as outlined above. Participating members of the Stewardship Network sign on behalf of their organization as an authorized representative. Organization_________________________________________________________________________ Name______________________________________________Title_____________________________ Signed___________________________________________________________Date_______________     Organization_________________________________________________________________________ Name______________________________________________Title_____________________________ Signed___________________________________________________________Date_______________       Organization_________________________________________________________________________ Name______________________________________________Title_____________________________ Signed___________________________________________________________Date_______________     Organization_________________________________________________________________________ Name______________________________________________Title_____________________________ Signed___________________________________________________________Date_______________       Organization_________________________________________________________________________ Name______________________________________________Title_____________________________ Signed___________________________________________________________Date_______________ Attachment 1 9 As of June 2015, the Santa Cruz Mountains Stewardship Network is comprised of one or more representatives from each of the following organizations: Amah Mutsun Tribal Band of Ohlone/Costanoan Indians Big Creek Lumber CAL FIRE San Mateo – Santa Cruz Unit Cal Poly Swanton Pacific Ranch California Department of Parks and Recreation Girl Scouts of Northern California Land Trust of Santa Cruz County Midpeninsula Regional Open Space District Monterey Bay National Marine Sanctuary Peninsula Open Space Trust San Lorenzo Valley Water District San Mateo County Parks Department San Mateo County Resource Conservation District Santa Cruz County Board of Supervisors Office Santa Cruz County Parks Department Santa Cruz County Resource Conservation District Save the Redwoods League Sempervirens Fund Stanford University Jasper Ridge Biological Preserve Terrestrial Biodiversity and Climate Change Collaborative (TBC3) UC Berkeley Department of Anthropology UC Santa Cruz Natural Reserves US Bureau of Land Management Attachment 2 Santa Cruz Mountains Stewardship Network Report on Convening 2 June 3 – 5, 2015 Prepared by Converge For Impact www.ConvergeForImpact.com New York – Seattle – Portland July 2015 Attachment 3 1 Santa Cruz Mountains Stewardship Network Convening 2 Report June 3 – 5, 2015 I. Overview of Network Progress Through Convening 2 The second convening of the Santa Cruz Mountains Stewardship Network (formerly known as Stewardship 5.0) took place on June 3 – 5 at the Sequoia Retreat Center in Ben Lomond, California. The meeting brought together 24 leaders from local, state, and federal agencies, nonprofits, academia, business, community, and tribal groups. The mission of the Santa Cruz Mountains Stewardship Network is to ensure the resilience of natural and human systems throughout the Santa Cruz Mountains region for the next 100 years by coordinating collaborative stewardship efforts at the landscape and local levels. The first network convening in March 2015 focused on building relationships between network members that would sustain the network over time, on exploring areas of shared understanding and values, and on identifying the need for and the benefits of collaboration. Participants left the March convening with agreements to craft a shared definition of stewardship and explore questions about network structure and funding before the second network convening in June. Whereas the first convening was primarily devoted to building relationships, the second convening focused on identifying and organizing the work of the network. In several facilitated sessions, participants also raised and discussed issues that are critical to the network’s health and evolution, thereby deepening trust among network participants. Principal outcomes of the second convening include: 1. Broad agreement on a draft Memorandum of Agreement (MOA), with detailed suggestions to be incorporated into a final version. The final version will be distributed to the network a month before the third convening, where it will be signed by participants. 2. Formation of three Impact Teams that are focused on critical leverage points, or areas where the network as a whole can accomplish more than any organization could accomplish on its own. The teams are focused on building public awareness of the need for stewardship, on identifying sources of funding for stewardship and for the network, and on identifying and coordinating collaborative stewardship projects. 3. Selection of the network’s Core Team, which will guide the evolution of the network, as well as make and communicate key governance decisions about network management, funding, membership criteria, and collaborative opportunities and projects. 4. Identification of 14 initial stewardship projects with potential for collaboration among network members. 5. Inauguration of two technology platforms as tools for centralized online communication and collaboration. Attachment 3 2 6. Agreement on various critical aspects of network structure and governance, such as the need for a Network Coordinator, decision making processes, budgetary requirements and funding, membership criteria, and meeting frequency, among others. The remainder of this report summarizes principal outcomes from the second convening and next steps, in the following sections: II. Looking Ahead: Convening 3, September 29 – 30 III. Convening 2 – A Detailed Summary Appendix A – Santa Cruz Mountains Stewardship Network – Participating Organizations Appendix B – Collaborative Stewardship Projects Appendix C – Convening 2 Feedback Survey Results and Comments About the Network Appendix D – Network Evolution Attachment 3 3 II. Looking Ahead: Convening 3, September 29 – 30 The third Santa Cruz Mountains Stewardship Network convening will take place at the Hidden Villa Retreat Center in Los Altos Hills, California from September 29 at 9 AM through September 30 at 5 PM. The aspiration is that the third convening will be the beginning of a sustained, collaborative effort in coordinated stewardship of the Santa Cruz Mountain region, and not merely the last convening in this initial cycle of grant funding. The principal work of the third network convening will be to: • Finalize and sign the network’s Memorandum of Agreement, which will include the network’s purpose, vision, guiding principles, and a shared definition of stewardship. • Continue to clarify and evolve the work of the Core and Impact Teams, while also continuing to advance collaborative stewardship projects across the network. • Refine and agree on critical issues of network organization and governance that will be key to the network’s success, including organizing principles and structures needed to sustain the network, as well as required roles and responsibilities. • Develop a 2-year timeline for the network’s development, with a schedule of convenings. • Clarify funding requirements for sustaining the network, together with a plan for identifying and accessing sources of funding. The third convening will also continue to develop relationships and build trust between stakeholders, which is at the foundation of everything the network aspires to achieve in the near and long-term future. Attachment 3 4 III. Convening 2 – A Detailed Summary About the Network The Santa Cruz Mountains Stewardship Network was convened based on the understanding that impact networks have proven to be a powerful organizing mechanism for effectively engaging with systems-level challenges that are too complex to be effectively addressed by any single stakeholder. The primary purposes of the network are to: • Catalyze a diverse group of leaders to build relationships within and across sectors and jurisdictional boundaries • Share information and best practices • Identify critical needs and agree on strategies and actions to address them • Develop funding sources to meet those needs • Leverage efforts and resources • Collaborate around common stewardship goals • Avoid duplication of efforts The Santa Cruz Mountains Stewardship Network will function as a connected community of organizations and practitioners who share information and coordinate stewardship activities across the region, thereby cultivating the ability to: • Use a landscape-level understanding as the basis for stewardship and collaboration • Sense and respond to emergent challenges • Self-organize around issues and opportunities as they emerge • Generate systemic approaches to stewardship needs and issues Convening 2 Outcomes Following is a detailed summary of the principal discussions and outcomes of the second convening of the Santa Cruz Mountains Stewardship Network. 1. Memorandum of Agreement Participants reviewed a draft version of a Memorandum of Agreement (MOA), which included sections covering mission, vision, guiding principles, and a shared understanding of stewardship that had been developed by a group of participants from the first convening. The network agreed that the content of the MOA was strong, but some of the language needed revising. One participant offered to incorporate participants’ comments into a revised version that will be distributed to the network a month in advance of the September 29 – 30 convening. Participants will present the revised MOA to their organizations in preparation for signing the document in September. Attachment 3 5 2. Impact Teams During small and whole group conversations on Days 1 and 2, participants identified critical leverage points in the region – areas where the network could have greater impact on stewardship of the Santa Cruz Mountain region than any individual organization could have on its own. The network identified the following principal leverage points: • Awareness / Celebrating Stewardship, including communication, education, outreach, and engagement to increase public awareness of the importance of good stewardship, influence political leaders, shape public policy, and attract funders. • Stewardship Projects, including multi-stakeholder “boots on the ground” projects that demonstrate the benefits of collaborative stewardship, together with the development of techniques for identifying opportunities for collaboration and measuring success. • Resources, including funding to sustain the network beyond the September convening, when the objectives of the initial grant will have been fulfilled and the grant funds nearly expended, as well as funding and human resources needed to implement stewardship projects throughout the region. Participants used this analysis of critical leverage points to form three Impact Teams, for which individuals self-selected based on interest, expertise, and intersection with organizational priorities. Each Impact Team analyzed the potentials of their focus area, including a review of such issues as the team’s purpose and mission, existing efforts, possible strategies and project ideas, potential partners, challenges and bottlenecks, funding and resources for the team’s activities, team leadership, and definitions of success by the next convening, by the end of 2016, as well as long-term success. Each Impact Team developed a project timeline through the end of 2016, assigning next steps to team members. Teams also nominated an Impact Team Lead, each of whom made an initial commitment to serve through the September 29 – 30 convening, and possibly longer. The results of each Impact Team’s planning effort is described below. • Awareness Campaign / Celebrating Stewardship Team The team identified greater public awareness about the importance of stewardship as critical to the network’s success. The team determined that the first step toward addressing this need is to educate policy makers and opinion leaders about what good stewardship looks like and the funding that effective stewardship requires. To this end, the team proposes to design and conduct a series of tours for leaders in the public, private, and nonprofit sectors that showcase examples of successful stewardship and promote the need for a collaborative approach to addressing stewardship needs Attachment 3 6 throughout the region. The tours will draw attention to the Santa Cruz Mountains Stewardship Network as a means to promote collaboration and increase community participation in stewardship projects. • Stewardship Projects Team The Stewardship Projects Team focused on developing ways to facilitate the formation of collaborative stewardship projects. To this end, the team is researching various means to share project information across organizations to disseminate learning and best practices, overcome barriers to implementation, as well as connect researchers with stewardship projects that need monitoring and evaluation skills. In the near-term, the network’s Basecamp project management system will be used as a low-cost prototype for a project information exchange. The team will also monitor and facilitate developments in the collaborative stewardship projects identified during the convening. • Resources Team The Resources Team will develop both short-term and long-term strategies for sustaining the Stewardship Network. The team will use examples of successful collaborative stewardship to promote the network’s mission to potential supporters and funders, as well as increase awareness of stewardship and the advantages of collaboration throughout the region. Initially, the Resources Team will focus on donors who can be approached for potential funding before the September convening, using existing network projects to promote the advantages of the network’s collaborative approach to stewardship. To achieve the long-term goal of sustaining stewardship practices throughout the region, the team’s first objective is to obtain funding for a Network Coordinator, essential network tools, and an awareness campaign. 3. The Network’s Core Team Participants selected a five-member Core Team to guide the network, on the assumption that the collaborative work will continue beyond the third convening in September. The Core Team has been tasked with making and communicating key governance decisions about network management, funding, membership criteria, and collaborative opportunities and projects. In addition, the Core Team will lead the effort to hire a Network Coordinator, advise and support Impact Team leads, cultivate network vitality, and ensure healthy network evolution. 4. Collaborative Stewardship Projects On Day 3, network participants were invited to share stewardship projects for which they needed support or that have potential for collaboration. A list of projects that were presented is included in Appendix B. Attachment 3 7 This identification of collaborative stewardship projects that the group can undertake together was a particularly significant outcome of the convening, since collaboration was the fundamental purpose for which the network was originally formed. 5. Network Technology Infrastructure On the final day of the convening, the network was trained on the Basecamp project management system (www.basecamp.com), as well as the Google Drive file sharing and collaborative document system (drive.google.com). The network continues to test both systems as tools for online communication and collaboration, and will revisit the effectiveness of each platform in September. 6. Network Governance – Discussion and Decisions In a 2.5-hour facilitated decision-making session during the afternoon of Day 2, the network collectively considered the following issues that will be essential to the functioning and evolution of the network. The network developed consensus decisions for each issue, which will be revisited during the third convening in September 2015. Issues considered include: Network roles 1. Selection and responsibilities of the Network’s Core Team a. The Core Team will be 3-5 people, serving 2-year, staggered terms. The initial Core Team consists of Shelley Ratay, Chris Coburn, Jeff Gaffney, Marlene Finley, and Nicole Heller. 2. Selection and responsibilities of Impact Team leads a. Leads will serve 1 year, rolling terms. Current Leads, at least through September 30, are: i. Awareness/ Celebrating Stewardship: Terry Corwin ii. Projects: Marlene Finley iii. Resources: Jeff Gaffney 3. Hiring and responsibilities of a Network Coordinator a. Working on the assumption that the collaborative work will continue beyond the third convening in September, the Network plans to hire a full-time Coordinator in 2016 on a 3-year contract. The Coordinator will report to the Core Team specifically and to the Network generally. Network meetings and governance 4. Network meeting frequency 5. How the network makes decisions Network membership 6. Network membership criteria, including procedures for inviting and onboarding new members 7. Organizations and individuals in the region who should be invited to participate in the network 8. How the network’s continuity will be maintained when a member leaves their organization Attachment 3 8 9. Whether the same individual should always represent their organization in the network 10. Whether an alternate can represent an organization at network meetings 11. Whether participants can bring a guest or alternate to a network meeting 12. Whether the network is a “network of organizations”, or a “network of individuals” Funding 13. Potential sources for funding the network Communication 14. How members will communicate to their organizations about the network and its purposes 15. How the network’s objectives will be integrated into the plans of members’ organizations Principal outcomes from this session were agreements to: • Draft a job description for a Network Coordinator and design a hiring process • Schedule three network convenings during 2016 • Develop a budget for anticipated network activities, including a Network Coordinator • Form a task force to recommend policies for inviting and onboarding new members Next Steps – Before Convening 3, September 29 – 30 Participants agreed to sustain the work of the network by completing the following tasks before the September convening: The Memorandum of Agreement will be revised and distributed to network participants a month before the September 29 – 30 convening, so participants and their organizations can evaluate the document before signing it in September. Impact Team leads will: • Organize at least one meeting before September 29 • Post a project brief on Basecamp • Add to-do’s and next steps on Basecamp The Core Team will meet at least once before September. The Core Team is developing a budget proposal for the network through 2016 and beyond. The Converge team is drafting a job description and hiring process for the Network Coordinator role. A special committee is developing a proposal about how new members are inducted into the network. Attachment 3 9 Appendix A: Santa Cruz Mountains Stewardship Network – Participating Organizations As of June 2015, the Santa Cruz Mountains Stewardship Network is comprised of one or more representatives from each of the following organizations: Amah Mutsun Tribal Band of Ohlone/Costanoan Indians Big Creek Lumber CAL FIRE San Mateo – Santa Cruz Unit Cal Poly Swanton Pacific Ranch California Department of Parks and Recreation Girl Scouts of Northern California Land Trust of Santa Cruz County Midpeninsula Regional Open Space District Monterey Bay National Marine Sanctuary Peninsula Open Space Trust San Lorenzo Valley Water District San Mateo County Parks Department San Mateo County Resource Conservation District Santa Cruz County Board of Supervisors Office Santa Cruz County Parks Department Santa Cruz County Resource Conservation District Save the Redwoods League Sempervirens Fund Stanford University Jasper Ridge Biological Preserve Terrestrial Biodiversity and Climate Change Collaborative (TBC3) UC Berkeley Department of Anthropology UC Santa Cruz Natural Reserves US Bureau of Land Management Attachment 3 10 Appendix B: Collaborative Stewardship Projects June 2015 During a facilitated session of Convening 2 of the Santa Cruz Mountains Stewardship Network, participants presented projects that would benefit from the experience and expertise of other organizations in the network. Following is a list of projects presented and the resources or assistance that was requested in each case. A detailed list can be found on Basecamp here. 1. Native Stewardship Corridor – Access to land and expertise needed to demonstrate traditional Native American stewardship practices 2. Prescribed burn in San Vicente Redwoods – Research capacity needed for pre- and post-burn botanical surveys and other landscape evaluations to enable others to learn about prescribed burns 3. San Vincente Creek – Partners sought for flood plain restoration and off-stream storage 4. Coast Dairies and the proposed National Monument – Expertise needed for public access planning 5. San Vicente Redwoods – Public access planning needed, particularly for security and recreational safety, plus archaeological evaluation of sites 6. Swanton Ranch – Partners sought to develop a comprehensive system for research and monitoring of forest inventory and carbon metrics 7. Mid-Peninsula Regional Open Space District Demonstration Forest – Input requested for project design, location selection, research and monitoring of results, and political support, including attendance at public meetings testifying to the public importance of the project. 8. Mt. Umunhum Opening – Partners sought for incorporating the network’s vision of stewardship and collaboration into interpretive components and opening ceremonies 9. Coho spawning in Pescadero Creek – Partners requested for planning and hosting a coho salmon welcoming ceremony to increase public awareness 10. Carbon farming effort – Expertise and sites requested for converting eucalyptus trees to soil for carbon sequestration, using Marin County compost standards 11. Monitoring the effectiveness of stewardship projects – Expertise sought to develop strategies for monitoring the effect of stewardship and demonstration projects 12. San Francisco garter snake – Experience and expertise requested for permit coordination 13. Summer camp development at Pinto Lake near Gilroy – Partners, capacity, and funding sought to provide nature programs for low-income children in the surrounding area, and to demonstrate the effectiveness of a watershed project in the vicinity of farmed lands 14. Multi-agency landing-pad and volunteer hub on the North Coast – Partners sought for equipment storage and sharing to support north coast stewardship efforts such as trail development, removal of invasives, etc. Attachment 3 11 Appendix C: Convening 2 Feedback Survey Results and Comments Following are the results of a feedback survey distributed after the second convening, to which 19 of the 24 participants responded. 1. The convening was relevant to my personal and professional priorities. • Strongly Agree 11 57.9% • Agree 8 42.1% • Somewhat • Disagree • Strongly Disagree 2. I formed meaningful, new relationships or strengthened existing relationships as a result of the convening. • Strongly Agree 11 57.9% • Agree 8 42.1% • Somewhat • Disagree • Strongly Disagree 3. The convening was well designed and facilitated. • Strongly Agree 16 84.2% • Agree 3 15.8% • Somewhat • Disagree • Strongly Disagree 4. I believe the Santa Cruz Mountains Stewardship Network is an important and valuable collaborative effort that will help ensure the resilience of natural and human systems throughout the region. • Strongly Agree 8 42.1% • Agree 9 47.4% • Somewhat 1 • Disagree • Strongly Disagree • Comments o Increasing... o Has good potential if enough common ground is found among between all parties, including private landowners. It will require active broad based support from all to encourage legislators and regulators to take the political risks associated with initiating change. o We'll see. I'm certainly going to do what is in my power to ensure that the statement is true. Attachment 3 12 Comments about the Santa Cruz Mountains Stewardship Network • I'm inspired by the energy, ideas, skills and dedication of everyone in this group. There's tremendous potential here to harness our collective resources and amplify our impact. For the future of our region I hope we can keep this group of people and organizations connected and engaged. It's clear that our efforts need to be intentional and coordinated. Kudos to Converge for helping us see how we might make this happen. • I feel like I have a much deeper understanding of each participant's areas of expertise and interests, which I plan to utilize more when planning future projects. The 2nd retreat really helped me to think big and think outside just what I do in my own organization. I'm inspired to do more and am pleased that the whole group has some clear goals and next steps to work on together. • This collaboration has tremendous potential to create resource synergies and raise political awareness which could lead to future stewardship funding that will benefit people and our landscape. • This integrative stewardship program represents the first time that indigenous people in the Santa Cruz Mountains area have had the opportunity to incorporate their perspectives on land stewardship with those of agencies and organizations capable of building more sustainable and inclusive approaches to land management. • The ease and rapidity with which we were able to identify potential projects for collaboration was startling and encouraging. • With limited resources and overlapping work amongst the network, this collaborative effort is invaluable to leveraging the good work we all are doing to steward our lands. What else? Thoughts, ideas, advice, questions or feedback. • Without the continuity and accountability managed by Converge it is unlikely this Network will advance beyond the concept stage. • Your facilitation has been absolutely top-notch! Thanks for bringing us so far together in such a short amount of time. • A "marketable" name would be good. • I've been sharing a lot of information about the network with others and there is certainly interest. Attachment 3 13 Appendix D: Santa Cruz Mountains Stewardship Network Evolution Following are the results of social network analysis surveys taken by network participants at Convening 1 in March ’15 (baseline) and three months later at Convening 2 in June ’15. The increasing number and strength of connections across the network between Convening 1 and Convening 2 shows the process is having a positive effect improving the number and strength of relationships between leaders across the Santa Cruz Mountains region. Each circle represents a network participant, colored by organization-type. The connecting lines represent mid and strong connections between participants. Average path length (the average degrees of separation between any two people in the network) is a statistic representing the density of the network – the lower the average path length, the more dense the network. SCMSN Orgs, baseline (mid & strong) Tribal Research Organizations Parks Land Trust Regulatory RCD Working Lands Marine & Water Government Open Space District Recreation Average path length (average degrees of separation between any two people) = 2.0 SCMSN Orgs, at convening 2 (mid & strong) Tribal Research Organizations Parks Land Trust Regulatory RCD Working Lands Marine & Water Government Open Space District Recreation Average path length (average degrees of separation between any two people) = 1.6 Attachment 3 DATE: September 23, 2015 MEMO TO: Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Aaron Hébert, Project Manager SUBJECT: Construction and Demolition Waste Diversion Policy Implementation as part of the Mindego Ranch Demolition Project _____________________________________________________________________________ SUMMARY This memorandum serves to explain how the C&DWD strategies were integrated in the Board- approved Mindego Ranch Remediation and Demolition Project (Project). DISCUSSION In January 2015, the Board adopted the Construction and Demolition Waste Diversion (C&DWD) policy (4.08) with the goal of diverting 100% of recyclable materials from landfills. This policy applies to public works contracts and directs staff to identify materials for salvage and recycling to meet that goal. The recycling and sorting of construction and demolition materials is largely taken care of at waste collection sites, whereas salvage takes place during the course of construction and demolition activities and is transported to a retail facility. Every demolition project is evaluated by District project managers to determine the salvage potential. The recently-completed Mindego Ranch Remediation and Demolition Project included the demolition of ‘The ‘Old True House’, which was built in 1954 and constructed with large redwood beams. Hand deconstruction to salvage the beams was deemed too expensive and posed additional risk and potential harm to the San Francisco Garter Snake, an endangered species, by extending the total duration of the project. Instead, the District selected a more expedient yet careful demolition approach that involved an excavator and expert operator to carefully bring down the structure, as well as the assistance of two laborers to hand salvage 16 redwood beams from the downed material (see pictures below). The cost for the careful demolition, additional labor, and trucking totaled $1,150. However, the District was credited $485 for the amount the beams will retail at the contractor’s salvage retail facility, resulting in an actual net cost to the District of $665 to salvage the redwoods beams. This additional expense was offset by savings from other parts of the demolition and by the total carbon emissions that have been saved from the salvaged material. As reference, a 2011 study from the Environmental Protection Agency titled Reducing Greenhouse Gas Emissions through Recycling and Composting noted that the recycling of one ton of dimensional lumber results in the reduction of approximately 2.46 tons of carbon dioxide equivalent. The beams are estimated to weigh half a ton. Redwood Beams Salvaged from “Old True House” From:Jennifer Woodworth Subject:Agenda Questions for 9/23/15 Date:Wednesday, September 23, 2015 8:48:57 AM Attachments:Santa Cruz Mountains Region.docx Good morning, Please find responses below in blue to questions received for tonight’s meeting. Also, please remember you can still submit questions related to tonight’s agenda items prior to the meeting to allow staff to adequately research the item before the meeting. Thanks! Jen I am especially curious whether there is a map showing the territory covered by this initiative. I have a belief of what is included in the Santa Cruz Mountains but I find the description in the report to be vague. And a mention of a project in Gilroy? I'm not sure how that is considered part of the SC Mountains. The Network has not developed a map establishing boundaries to the territory. As you observed, the definition in the Preamble to the MOA is not precise, but mentions the Pajaro River as the southern boundary. The project that refers to “Pinto Lake near Gilroy” is north of the Pajaro River (and north of Hwy 152). The enclosed Google Earth aerial may be helpful in understanding what is often generally considered to be the Santa Cruz Mountains region. 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 E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. AGENDA QUESTIONS FOR 9/23/15 BOARD MEETING Hwy 152 Pajaro River area