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HomeMy Public PortalAbout20151014 - Agenda Packet - Board of Directors (BOD) - 15-25 SPECIAL MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, October 14, 2015 6:00 PM A G E N D A 6:00 SPECIAL 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 SPECIAL ORDER OF THE DAY • Introduction of new staff members Heather Reiter, Training and Safety Specialist Mindy Vargas, Human Resources Analyst Alicia Halpern, Planner I CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve Board Meeting Minutes: September 23, 2015 2. Approve Claims Report Meeting 15-25 3. Resolution Implementing New Fee Structure for Board Policy 4.04 – Concessions Operating on District Lands (R-15-148) Staff Contact: Michael Newburn, Operations Manager General Manager’s Recommendation: Adopt a resolution amending the fee structure for Board Policy 4.04 – Concessions Operating on District Lands . 4. Agreement to Expand Volunteer Opportunities on District Preserves (R-15-145) Staff Contact: Michael Newburn, Operations Manager General Manager’s Recommendation: Authorize the General Manager to approve a partnership agreement with Acterra for $34,788, plus a 15% contingency, for a total amount not to exceed $36,800 in Fiscal Year 2015-16 to manage volunteer outdoor service projects at two District preserves. 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. 5. Update on Actions of Mutual Interest taken by the District and by Lehigh Southwest Cement Company during the Past Year (R-15-147) Staff Contact: Kirk Lenington, Natural Resources Manager General Manager’s Recommendation: Receive a presentation on actions taken over the past year by the District and Lehigh Southwest Cement Company related to Lehigh Quarry operations. 6. Approval of Assignment and Amendment of the Bear Creek Stables Rental Agreement (R- 15-146) Staff Contact: Elaina Cuzick, Senior Real Property Agent General Manager’s Recommendation: Authorize the General Manager to Approve the Assignment and Amendment of the Bear Creek Stables Rental Agreement from Glenda Smith to Pamela Ashford. INFORMATIONAL MEMORANDA • Update re: Santa Cruz Mountains Stewardship Network • District Workplan Concerning Climate Change 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 meeting of the MROSD Board of Directors was posted and available for review on October 9, 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 15-24 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, September 23, 2015 DRAFT MINUTES CLOSED SESSION CALL TO ORDER Secretary Cyr called the meeting to order at 5:00 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, and Curt Riffle Members Absent: Yoriko Kishimoto and Pete Siemens Staff Present: Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Assistant General Counsel Hilary Stevenson and Real Property Agent Allen Ishibashi The Board selected Secretary Cyr to act as President Pro Tem for the meeting. The Board convened into closed session at 5:00 p.m. 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 Meeting 15-24 Page 2 REGULAR MEETING CALL TO ORDER President Pro Tem Cyr called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, and Curt Riffle Members Absent: Yoriko Kishimoto and Pete Siemens Staff Present: Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, and District Clerk Jennifer Woodworth President Pro Tem Cyr reported the Board met in closed session, and no reportable action was taken. ORAL COMMUNICATIONS No speakers present. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 5-0-0 (Directors Kishimoto and Siemens absent.) CONSENT CALENDAR 1. Approve September 9, 2015 Board Meeting Minutes. 2. Approve Claims Report 3. Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy (R-15-138) 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) 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. Meeting 15-24 Page 3 5. Revisions to Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy (R-15-127) 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) 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) 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) 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. 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. Motion: Director Riffle moved and Director Hanko seconded the motion to adopt the Consent Calendar. VOTE: 5-0-0 (Directors Kishimoto and Siemens absent.) BOARD BUSINESS 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) Meeting 15-24 Page 4 Assistant General Manager Kevin Woodhouse provided the staff report describing San Carlos Ballot Measure V, the Black Mountain property, and the proposed planning process for Black Mountain use if Measure V is approved. Mr. Woodhouse outlined several alternatives for responding to a request from the “Save Black Mountain - Yes on V” campaign for the Board of Directors to endorse Measure V. Director Riffle inquired regarding lack of a plan for the Black Mountain property. City of San Carlos Special Projects Director Elaine Costello stated the property is currently for sale and explained that due to the terrain of the property, intense recreational uses will most likely not be feasible. The ballot language states that the property will be preserved for tranquil trails. Director Hanko provided comments regarding the rarity of receiving endorsement requests for city ballot measures and inquired if any trail connections are foreseen for the property. Ms. Costello explained the Black Mountain property would help allow for the creation of a trail network to link passive open space. Director Hassett inquired if the City of San Carlos has done research regarding the number of residences that would be possible on the property. Ms. Costello explained San Carlos planning staff has determined the property would allow for up to 100 homes. Director Hassett asked how long the property has been on the market. Ms. Costello stated that a portion of the property has been on the market for approximately ten years but another portion was sold in recent years. Director Harris provided comments regarding the value of the Black Mountain property as a “central spoke” for trail connections within San Carlos. Director Harris also provided comments regarding the Black Mountain Springs as an asset for providing water to the property. Finally, Director Harris described the history of San Carlos and its parks. Public comments opened at 7:30 p.m. Laura Teutschel resident of San Carlos spoke in support of preserving the Black Mountain properties as open space. Ms. Teutschel also spoke regarding the planned public process for determining the uses for the property. Mike Adeylott spoke regarding the community’s involvement related the proposed purchase of Black Mountain and San Carlos Ballot Measure V. Mr. Adeylott also discussed the planned public process for determining the uses for the property and the bond oversight committee. Catherine Wormington, speaking on behalf of the San Carlos Education Foundation, stated the organization’s support for Measure V. Ms. Wormington provided additional comments regarding the potential strain on schools and park land that could be caused by additional homes being built on Black Mountain. Meeting 15-24 Page 5 Andrew Taylor, resident of San Carlos and treasurer of the “No on Measure V” campaign, spoke regarding the current ownership of the land by developers and proposed number of homes for the property. Mr. Taylor also spoke regarding the lack of a plan for the property by San Carlos and the high cost per acre for the proposed property purchase. Public comments closed at 7:43 p.m. Director Harris spoke regarding San Carlos historic park planning process. Director Harris also provided comments regarding the proposed cost of the property as compared to the purchase prices of many of the District’s purchases. Director Hassett expressed his concerns regarding the cost of the bond measure and described the concerns that have been relayed to him by his constituents. Director Hanko expressed her support for Measure V. Director Harris provided comments regarding the number of endorsements for Measure V and previous District actions related to decisions made by other cities within the District’s sphere of influence. Director Cyr stated his support for open space but expressed his concerns regarding the District endorsing city ballot measures. Director Riffle provided comments on the lack of open space in cities and expressed his support for preserving open space. Motion: Director Harris moved, and Director Hanko seconded the motion to 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. VOTE: 5-0-0 (Directors Kishimoto and Siemens absent.) Motion: Director Harris moved, and Director Hanko seconded the motion to support Measure V, 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. The Board directs staff to 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. VOTE: 4-1-0 (Director Hassett opposed; Directors Kishimoto and Siemens absent.) Director Hassett requested that his reason for opposing the motion be included in the record. Director Hassett stated his support of open space and stated his preference for alternative 2 that the District take a neutral position on Measure V and encourage passive open space for Black Mountain if the property is purchased. Director Riffle announced he will be recusing himself from voting on Item 10. Board recessed at 8:26 p.m. and the Board reconvened at 8:33 p.m. with Directors Cyr, Hanko, Harris, and Hassett present. Meeting 15-24 Page 6 10. Santa Cruz Mountains Stewardship Network Memorandum of Agreement (R-15- 142) Assistant General Manager Kevin Woodhouse provided the staff report describing the Santa Cruz Mountains Stewardship Network including the areas included and the current network participants. Mr. Woodhouse summarized the meetings already held and the work currently completed by the Stewardship Network. Finally, Mr. Woodhouse described the next steps including signing the Memorandum of Agreement, development of the project list, and further engagement of partner agencies and organizations. Director Hanko expressed her desire to attend a future meeting of the Stewardship Network and expressed her belief that more agencies should be sending elected officials to the meetings to allow those representatives to report back to their colleagues on the elected body. Director Harris inquired regarding the level of funding for the project. Mr. Woodhouse explained that many of the foundations currently providing funding for the Network have expressed interests in continuing their funding; however, no written commitments have currently been made. Public comments opened at 9:03 p.m. No speakers present. Public comments closed at 9:03 p.m. Motion: Director Hassett moved, and Director Harris seconded the motion to authorize the General Manager or his designee to sign on to the Memorandum of Agreement for the Santa Cruz Mountains Stewardship Network. VOTE: 4-0-0 (Directors Riffle, Kishimoto and Siemens absent.) INFORMATIONAL REPORTS A. Committee Reports No Committee reports. B. Staff Reports No staff reports. C. Director Reports The Board members submitted their compensatory reports. Director Harris reported she attended the Bay Area Open Space Council event last week. Meeting 15-24 Page 7 Directors Harris, Riffle, Hassett, and Cyr, reported their attendance at the District’s Volunteer Recognition Event on Saturday and thanked staff for their efforts in organizing and putting together the event. ADJOURNMENT President Pro Tem Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:10 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 6 CLAIMS REPORT MEETING 15-25 DATE 10-14-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70516 11502 - HALF MOON BAY GRADING & PAVING INC.Driscoll Ranch Roads Sediment Reduction & Pond Restoration project - LHC 10/07/2015 209,867.34$ 70490 *10215 - CALPERS-FISCAL SERVICES DIVISION Employee Health Insurance 10/02/2015 140,744.19$ 70410 11293 - RANDAZZO ENTERPRISES, INC Mindego Ranch Demolition and Remediation Project - RR 09/23/2015 135,144.00$ 70501 10289 - CAL-LINE EQUIPMENT INC 2015 Bandit Chipper (Field Equipment)10/07/2015 71,255.59$ 70356 11369 - BANK OF THE WEST COMMERCIAL CARD USA $385.62 - Materials and Supplies -SFO General 09/18/2015 43,891.30$ $1,186.72 - short term 4x4 vehicle rental for onsite construction Driscoll Road Project $2,919.00 - Nature Center supplies, Training & Offsite meeting rental $410.20 - Field Supplies $88.00 - Patrol Supplies $720.85 - Training, Staff Recognition Event Supplies, HR Society Membership $7,841.59 - Flag Pole, Hand Tools, Trailer Parts, Water Tank Hardware, Supplies -SFO $773.31 AO - Office Supplies $406.47 - Website Services Expenses $4,847.58 - AO3 Furniture (new lease space), Meetings/Office Supplies, CEQA Books $27.46 - Plumbing materials -SFO $193.70 - Office Supplies, OEL Training Refreshments $175.69 - Volunteer Supplies $460.46 - Office supplies, Booth rental at fairs, newspaper subscription, name badges $675.08 - Keys for new INE Ranch resid., office supplies, APA conference registration $82.59 - Field Supplies ($100.31) - Lodging Credit for ESRI Conference in July $250.00 - CA Rural Water Assn Conference -SFO $11,999.18 - IT Computer Equipment,Network Equipment (District-wide) $1,092.66 - Furniture for AO3 (new lease space) $1,376.15 - Office furniture & supplies, Uniform items, Tools for radios $50.60 - Media briefing meal, digital image purchase $1,474.90 - Promotional Materials, Rentals for Events, Supplies $813.60 - CSDA conference, Green Foothills dinner, Coffee for Legislative luncheon $45.00 - Welding Supplies $35.84 - Vehicle Maintenance and repairs -SFO $282.55- Events - Portable ADA Parking Signs $166.76 - Field Supplies $264.94 - Food for training and interview panels $99.00 - Pesticide product evaluator subscription $303.02 - Annual Muni. Clerks membership, GM iPad wifi, 8/26/15 Closed Session Food $2,554.23 - IT Hardware page 2 of 6 CLAIMS REPORT MEETING 15-25 DATE 10-14-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount $54.66 - Docent Web training mtg; Online scheduling software $1,934.20 - CSDA Conf. Reg., CSDA Membership Renewal, Facility Rental 70436 *10258 - HUNT LIVING TRUST Semi annual interest payment on Hunt Note - Oct 2015 09/23/2015 37,500.00$ 70398 10775 - NEW WORLD SYSTEMS Software license 9/01/15-8/31/16, HR Module Consulting, 2015 Conference 09/23/2015 32,478.46$ 70504 10170 - CASCADE FIRE EQUIPMENT COMPANY Firefighting Pumper and supplies 10/07/2015 19,792.05$ 70480 11351 - TIGER CORP - DIV OF ALAMO SALES CORP.Flail mower 10/01/2015 17,737.13$ 70500 11148 - BALANCE HYDROLOGICS, INC.BCR Water Resources Consulting 10/07/2015 17,022.60$ 70532 11293 - RANDAZZO ENTERPRISES, INC Retainage Release - Mindego Demolition Project - RR 10/07/2015 15,016.00$ 70437 *11152 - WELLINGTON PARK INVESTORS AO2 and AO3 Rent - October 09/25/2015 14,089.00$ 70377 10546 - ECOLOGICAL CONCERNS INC Invasive Plant Control contract work - ECdM 09/23/2015 13,000.00$ 70475 *11230 - SANTA CLARA COUNTY-C/O UNITED ADMINISTRATIVE SERVI Dental Insurance - Group #1766-0006 10/01/2015 12,331.44$ 70372 10540 - CRAFTSMEN PRINTING Printing & Mailing of Fall Newsletters 09/23/2015 11,771.86$ 70474 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender false brome treatment - District wide 10/01/2015 11,718.61$ 70359 10005 - ACTERRA Mt Um Summit Area Vegetation Restoration - SAU 09/23/2015 10,092.77$ 70380 10396 - GO NATIVE NURSERY LLC Slender false brome treatment - Thornewood 09/23/2015 9,490.50$ 70518 10222 - HERTZ EQUIPMENT RENTAL INC Equipment Rental - Blue Blossom Trail conversion -- ECdM, misc. SFO 10/07/2015 9,314.05$ 70543 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 10/07/2015 9,138.97$ 70405 *10180 - PG & E Electricity/gas 09/15 09/23/2015 8,961.08$ 70374 10463 - DELL BUSINESS CREDIT 10 Laptops for District Staff 09/23/2015 8,118.38$ 70406 11523 - PGA DESIGN, INC.Alma College Site Rehabilitation Planning - BCR 09/23/2015 7,886.45$ 70506 11537 - CLIENTFIRST TECHNOLOGY CONSULTING IST Strategic Plan Consulting 10/07/2015 6,848.24$ 70525 10190 - METROMOBILE COMMUNICATIONS Radios for 3 new vehicles 10/07/2015 6,573.23$ 70366 10017 - CATERING BY DANA Balance Due: catering for Volunteer Recognition Event 09/23/2015 6,251.83$ 70461 10031 - MILLS DESIGN Graphic designs for brochures, fact sheets, maps, newsletters, banners 10/01/2015 6,240.00$ 70473 *10124 - ROBERT J. DALOIA Quarterly Payment - Principal and Interest - Daloia Property 10/01/2015 6,192.77$ 70545 *11118 - WEX BANK Fuel for District vehicles 10/07/2015 5,734.78$ 70493 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Employee Accident and Disability Insurance 10/02/2015 5,708.09$ 70397 10190 - METROMOBILE COMMUNICATIONS 2 radios for non-patrol trucks, Radio supplies 09/23/2015 4,357.27$ 70361 10012 - BIOSEARCH ASSOCIATES Bullfrog control at Mindego Lake - RR 09/23/2015 4,225.00$ 70472 11552 - ROBERT HALF TECHNOLOGY Temporary IT Staffing 2 weeks 10/01/2015 4,106.88$ 70394 10058 - LIEBERT CASSIDY WHITMORE HR Consulting Services 09/23/2015 4,103.90$ 70368 11537 - CLIENTFIRST TECHNOLOGY CONSULTING IST Strategic Plan Consulting 09/23/2015 3,939.64$ 70355 11561 - AM PARTY RENTALS Rental balance for Volunteer Recognition Event 09/18/2015 3,784.10$ 70440 10010 - ARRANGED4COMFORT Furnishings for AO3 10/01/2015 3,682.75$ 70404 10253 - PETERSON TRACTOR CO Repairs to Excavator 09/23/2015 3,676.47$ 70378 11354 - ENVIRONMENTAL SCIENCE ASSOCIATES Stevens Creek Trail Bridges Engineering Services - MB 09/23/2015 3,550.00$ 70444 11537 - CLIENTFIRST TECHNOLOGY CONSULTING Microsoft Exchange 2003 Clean-up (software maintenance)10/01/2015 3,450.00$ 70375 11557 - Denise Bradley Cultural Landscapes BCR Water Systems Consulting 09/23/2015 3,362.75$ 70384 10344 - GREG'S TRUCKING SERVICE INC Trucking Service (BCR), Roads and Trails - CM 09/23/2015 3,055.00$ 70522 11567 - JOAN OLSSON Diversity Training for MROSD Staff 10/07/2015 2,988.93$ 70390 10313 - JOHN SHELTON INC Culvert Replacement (BCR)09/23/2015 2,918.85$ 70429 10112 - TIMOTHY C. BEST Driscoll Ranch Roads - LHC Watershed Protection Program 09/23/2015 2,825.00$ 70528 10479 - PACIFIC AG RENTALS Roads and Trails -SFO 10/07/2015 2,786.00$ page 3 of 6 CLAIMS REPORT MEETING 15-25 DATE 10-14-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70446 10540 - CRAFTSMEN PRINTING Printing of Purisima maps - PCR 10/01/2015 2,742.68$ 70413 10094 - RESTORATION DESIGN GROUP Mt Um Summit Area Planning Consultant - SAU 09/23/2015 2,730.85$ 70442 11431 - CALIFORNIA ENVIRONMENTAL SERVICES Preconstruction woodrat surveys at Apple Orchard for culvert repair - LHC 10/01/2015 2,700.80$ 70470 11519 - PRICE, POSTEL & PARMA LLP Mt Umunhum road access and trail property rights - SA 10/01/2015 2,535.00$ 70441 10826 - BARTEL ASSOCIATES, LLC Gasb 45 OPEB Valuation Consulting 10/01/2015 2,530.00$ 70401 10076 - OFFICE TEAM Temporary Planning Admin. Assistant, AO Front Desk Coverage 09/23/2015 2,439.60$ 70492 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 10/02/2015 2,375.84$ 70453 10642 - HMS INC Lab sampling for hazardous materials at Hawthorn residence - WH 10/01/2015 2,340.00$ 70417 11191 - SANTA CLARA COUNTY, TAX COLLECTOR'S OFFICE Delinquent Property taxes for 3 parcels acquired by District 09/23/2015 2,282.80$ 70447 10027 - CRESCO EQUIPMENT RENTALS Roads and Trails -ECdM 10/01/2015 2,187.00$ 70536 11132 - SMITH BROS. ELECTRIC CO., INC.Install water purification system at rental residence - RR 10/07/2015 2,058.94$ 70535 11552 - ROBERT HALF TECHNOLOGY Temporary IT Staffing 10/07/2015 2,053.44$ 70479 *10583 - TELEPACIFIC COMMUNICATIONS AO Phone and internet bill 10/01/2015 1,948.45$ 70466 11129 - PETERSON TRUCKS INC.M22 Inspection / Repair 10/01/2015 1,892.40$ 70371 11318 - CONFLUENCE RESTORATION Vegetation Maintenance at Bald Mtn Staging - SAU 09/23/2015 1,875.00$ 70484 *10032 - DEL REY BUILDING MAINTENANCE September AO Building Maintenance Services 10/01/2015 1,815.00$ 70385 10889 - GROSSMANN DESIGN GROUP Mt Um Interim Tower Repair Project Management - SAU 09/23/2015 1,804.00$ 70478 10447 - SIMMS PLUMBING & WATER EQUIPMENT Plumbing repairs at TOTO Ranch - PCR 10/01/2015 1,783.75$ 70419 11555 - SMITH, MALCOLM Public Access Communications Consulting 09/23/2015 1,760.00$ 70499 *10128 - AMERICAN TOWER CORPORATION Repeater site lease-Coyote Peak 10/07/2015 1,735.00$ 70494 *11003 - UNITED ADMINISTRATIVE SERVICES Employee Life Insurance 10/02/2015 1,688.51$ 70363 11371 - CALFLORA DATABASE Weed Manager database- Creation of observation entry form 09/23/2015 1,632.00$ 70462 10775 - NEW WORLD SYSTEMS NWS Conference Registration - Sterzl 10/01/2015 1,620.00$ 70402 10271 - ORLANDI TRAILER INC Utility Trailer, Brake Light Kits 09/23/2015 1,608.27$ 70491 *10212 - PINNACLE TOWERS INC Tower rental - Crown site id 871823 10/02/2015 1,600.20$ 70357 10001 - AARON'S SEPTIC TANK SERVICE Sewer/Septic Vault Toilets -MB, PC, Septic Service (RSA & DHF)09/23/2015 1,490.00$ 70445 11318 - CONFLUENCE RESTORATION Mindego Gateway planting & landscape maintenance - RR 10/01/2015 1,434.50$ 70463 10076 - OFFICE TEAM Temporary Office Assistant (Planning)10/01/2015 1,426.00$ 70539 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)10/07/2015 1,409.31$ 70481 10803 - VALMONT COMPOSITE STRUCTURES Carsonite markers -LH 10/01/2015 1,295.59$ 70425 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)09/23/2015 1,237.60$ 70509 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 10/07/2015 1,172.00$ 70469 *10180 - PG & E Electricity/gas 09/15 10/01/2015 1,160.36$ 70418 *10580 - SHARP BUSINESS SYSTEMS Sharp Copier Usage 09/23/2015 1,147.95$ 70422 10489 - STETSON ENGINEERS INC San Gregorio Watershed usage Annual Fee -2014-2015 LHC 09/23/2015 1,141.70$ 70527 10076 - OFFICE TEAM Temporary Office Assistant (Planning)10/07/2015 1,140.80$ 70495 *10213 - VISION SERVICE PLAN-CA Employee Vision Care Insurance 10/02/2015 1,129.74$ 70542 10403 - UNITED SITE SERVICES INC Restroom rental services - FO, SA, Volunteer Recognition Event 10/07/2015 1,125.18$ 70370 11171 - COMMUNICATION ADVANTAGE Communications consultation svcs for August 2015: draft articles, review/research 09/23/2015 1,012.50$ 70526 10160 - OFFICE DEPOT CREDIT PLAN Office Supplies 10/07/2015 1,000.02$ 70354 11560 - MAHLON ALDRIDGE Entertainment for Volunteer Recognition Event 09/18/2015 1,000.00$ 70409 11184 - PURCHASE POWER - PITNEY BOWES POSTAGE AO Postage 09/23/2015 1,000.00$ page 4 of 6 CLAIMS REPORT MEETING 15-25 DATE 10-14-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70457 11313 - JJ KELLER & ASSOCIATES INC Annual subscription to online Safety Resources 10/01/2015 945.00$ 70392 11376 - LAND TRUST OF SANTA CRUZ COUNTY Wildlife connectivity improvements Hwy 17 - South Bay Foothills 09/23/2015 935.00$ 70497 *10120 - ADT SECURITY SERVICES INC Alarm Systems -SFO 10/07/2015 841.68$ 70435 11176 - ZORO TOOLS Band Clamp tools and consumables -- SFO 09/23/2015 805.79$ 70517 11492 - HAWK DESIGN & CONSULTING Construction oversight for Hawthorn -Alpine House Repairs - WH, Silva - RR 10/07/2015 760.00$ 70448 10038 - ERGO VERA Ergonomic Evaluations - HR Dept 10/01/2015 752.40$ 70376 10654 - DUTRA MATERIALS Gravel/Rock (BCR)09/23/2015 737.85$ 70498 10528 - ALL STAR GLASS Repair cracked windshield, Replace damaged windshield 10/07/2015 723.46$ 70460 10774 - MICHAEL DEMPSEY, PATRICK DEMPSEY Water delivery at rental residences 10/01/2015 720.00$ 70369 10352 - CMK AUTOMOTIVE INC P86 Service / Repair, M29 Service 09/23/2015 705.63$ 70423 10302 - STEVENS CREEK QUARRY INC Gravel and Rock for Deer Hollow Farm - DHF 09/23/2015 698.16$ 70529 11144 - PENINSULA MOTOR SPORTS Vehicle maintenance and repairs -SFO 10/07/2015 695.47$ 70467 10209 - PETTY CASH-MROSD AO Petty cash reimbursement 10/01/2015 694.78$ 70395 11562 - LUCAS, JESSICA Wildland Fire Training Reimbursement 09/23/2015 674.30$ 70427 11295 - TAYLOR, ANDREW NWS Conference travel/hotel/mileage 09/23/2015 619.40$ 70416 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)09/23/2015 618.57$ 70434 10234 - WJ SORICH ENTERPRISES 2015 Road Dues-LR 09/23/2015 600.00$ 70382 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (FFO)09/23/2015 597.54$ 70415 11479 - ROOTID Website Maintenance 09/23/2015 587.25$ 70439 10617 - ALEXANDER, ZACHARY Refreshments for Mt Um Road Repairs meeting, 5 months cell phone and Mileage 10/01/2015 583.28$ 70367 11563 - CHAN, WARREN New World Conference Travel Expenses 09/23/2015 548.76$ 70515 10187 - GARDENLAND POWER EQUIPMENT New Chainsaw 10/07/2015 540.60$ 70386 11177 - HARRIS CONSTRUCTION Repair leaking kitchen sink at rental residence - ES 09/23/2015 537.63$ 70393 11392 - LENNIHAN LAW Legal services for Moody Gulch water issues - BCR 09/23/2015 508.80$ 70428 10706 - THE MERCURY NEWS Advertisements for Paulin/Houghton Demolition LHC 09/23/2015 503.88$ 70513 10030 - D & J Uncover two septic tanks at Driscoll Ranch property LHC 10/07/2015 500.00$ 70519 10642 - HMS INC Hazmat removal at INE - MB 10/07/2015 500.00$ 70430 *11038 - TYCO INTEGRATED SECURITY LLC Alarm Services (FFO)09/23/2015 492.44$ 70511 10185 - COSTCO Office Supplies 10/07/2015 468.24$ 70407 11335 - PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC Postage Machine Lease 09/23/2015 465.69$ 70383 *10173 - GREEN WASTE Garbage Debris Box Exchange -SFO 09/23/2015 460.00$ 70364 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)09/23/2015 449.28$ 70379 11494 - FURNISS, CHRIS Wildland Fire Training Reimbursement 09/23/2015 425.75$ 70387 10043 - HOWARD ROME MARTIN & RIDLEY LLP MROSD vs. Arcadis Legal Consulting - EdCM 09/23/2015 412.14$ 70496 10209 - PETTY CASH-MROSD SFO petty cash reimbursement 10/07/2015 407.75$ 70485 *10050 - JED CYR September Director meetings 10/01/2015 400.00$ 70468 10209 - PETTY CASH-MROSD FFO Petty cash reimbursement 10/01/2015 339.29$ 70533 *10093 - RENE HARDOY 09/15 AO Gardening services 10/07/2015 325.00$ 70465 10253 - PETERSON TRACTOR CO Repairs to Excavator 10/01/2015 316.76$ 70399 10073 - NORMAL DATA Incidents Database consulting work 09/23/2015 300.00$ 70482 *10018 - CECILY HARRIS September Director meetings 10/01/2015 300.00$ 70486 *10057 - LARRY HASSETT September Director meetings 10/01/2015 300.00$ page 5 of 6 CLAIMS REPORT MEETING 15-25 DATE 10-14-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70487 *10072 - NONETTE HANKO September Director meetings 10/01/2015 300.00$ 70449 11151 - FASTENAL COMPANY Hardware 10/01/2015 288.09$ 70507 10352 - CMK AUTOMOTIVE INC P78 Service / Repair 10/07/2015 267.91$ 70503 *10454 - CALIFORNIA WATER SERVICE CO-949 AO Monthly Water Service 10/07/2015 237.03$ 70432 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services for HR Dept 09/23/2015 233.00$ 70412 10195 - REDWOOD GENERAL TIRE CO INC Vehicle Maintenance and Repairs -SFO 09/23/2015 229.39$ 70450 *10173 - GREEN WASTE Weekly Garbage/Recycle -SFO 10/01/2015 223.40$ 70454 10043 - HOWARD ROME MARTIN & RIDLEY LLP Legal Services: Mahronich vs Presentation Center - BCR 10/01/2015 222.70$ 70443 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service for rental residences 10/01/2015 203.33$ 70483 *10029 - CURT RIFFLE September Director meetings 10/01/2015 200.00$ 70510 10850 - COMPLETE PEST CONTROL Hawthorne Pest Control Service 8/10/15 and 8/31/15 10/07/2015 200.00$ 70420 10157 - STAPLES CREDIT PLAN Office Supplies 09/23/2015 184.13$ 70408 10265 - PRIORITY 1 Repair emergency equipment on vehicle 09/23/2015 184.00$ 70523 11326 - LEXISNEXIS MATTHEW BENDER Legal Subscription-Online Service for Sept 2015 10/07/2015 183.34$ 70424 10107 - SUNNYVALE FORD M205 Service 09/23/2015 170.00$ 70426 10199 - TARGET SPECIALTY PRODUCTS Resource Management -SFO GENERAL 09/23/2015 164.78$ 70471 11241 - QUESTA ENGINEERING CORPORATION Harkins Bridge Engineering - PCR 10/01/2015 163.69$ 70458 10369 - MANNING, MEREDITH Mileage and 3 months cell phone reimbursement 10/01/2015 160.05$ 70452 11571 - HALPERN, ALICIA Mileage Reimbursement, Parking and Tolls 10/01/2015 154.45$ 70514 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)10/07/2015 151.61$ 70360 *10294 - AMERIGAS-SAN JOSE Propane Tank Rental (FFO)09/23/2015 145.72$ 70414 10130 - ROESSLER, CINDY Cell phone Apr - Aug 2015, Mileage Reimbursement 09/23/2015 132.73$ 70544 *10309 - VERIZON WIRELESS Cell Phone Service 10/07/2015 126.40$ 70391 11553 - KNEIER, MICHELLE New World 2015 conference travel expenses 09/23/2015 121.00$ 70365 10323 - CARPENTER RIGGING OF SAN JOSE Part for Culvert (BCR)09/23/2015 119.64$ 70508 *11530 - COASTSIDE.NET Internet Services -SFO 10/07/2015 109.00$ 70546 11176 - ZORO TOOLS Materials -SFO 10/07/2015 102.59$ 70488 *10084 - PETE SIEMENS September Director meetings 10/01/2015 100.00$ 70489 *10118 - YORIKO KISHIMOTO September Director meetings 10/01/2015 100.00$ 70477 10993 - SCHAFFNER, SHERYL CSDA Conference Sept 20-23, 2015 Mileage 10/01/2015 98.90$ 70403 10080 - PALO ALTO MEDICAL FOUNDATION Medical Services for HR Dept 09/23/2015 90.00$ 70456 10051 - JIM DAVIS AUTOMOTIVE 2 Smog Inspections 10/01/2015 90.00$ 70505 10014 - CCOI GATE & FENCE Gate Repair (SA)10/07/2015 85.00$ 70537 11569 - STEVEN JOHNSON Reimbursement for Livescan Background Check - HR Dept 10/07/2015 81.00$ 70464 10481 - PACIFIC TELEMANAGEMENT SERVICE Utility - telephone -MB 10/01/2015 78.00$ 70540 10162 - TERMINIX PROCESSING CENTER AO Pest Control 10/07/2015 77.00$ 70530 10265 - PRIORITY 1 Replace siren on Patrol vehicle 10/07/2015 75.00$ 70459 10190 - METROMOBILE COMMUNICATIONS Repair radio in vehicle 10/01/2015 74.38$ 70541 11568 - TYLER BARSHOW Reimbursement for Livescan Background Check - HR Dept 10/07/2015 71.00$ 70531 *10261 - PROTECTION ONE AO Security/Fire Inspection/Monitoring 10/07/2015 70.18$ 70433 10527 - WASTE MANAGEMENT AO Remodel Waste Disposal 09/23/2015 68.52$ 70455 10421 - ID PLUS INC Uniform Name Tags 10/01/2015 65.00$ 70388 10455 - HUGG, IANTHINA Cell Phone Reimbursement for Jul, Aug, Sep 2015 09/23/2015 60.00$ page 6 of 6 CLAIMS REPORT MEETING 15-25 DATE 10-14-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70451 11570 - GROGAN, DALE Cell Phone Reimbursement - 3 months 10/01/2015 60.00$ 70476 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Background checks for HR Dept 10/01/2015 60.00$ 70524 11449 - MARK, JANE Cell Phone Reimbursement Jul, Aug, Sep 2015 10/07/2015 60.00$ 70502 *10172 - CALIFORNIA WATER SERVICE CO-3525 Utility - water: WH 10/07/2015 55.13$ 70421 10960 - STATE WATER RESOURCES CONTROL Water Certification - Hooper 09/23/2015 55.00$ 70534 *11426 - RIDGE WIRELESS INC.FFO Internet service 10/07/2015 50.00$ 70362 10404 - BJ TRADING LLC Vehicle Parts 09/23/2015 49.10$ 70396 11449 - MARK, JANE ABAG Meeting, Staff Recognition Meeting 09/23/2015 48.99$ 70512 10540 - CRAFTSMEN PRINTING Printing of Business cards: Reiter 10/07/2015 48.94$ 70389 10051 - JIM DAVIS AUTOMOTIVE Vehicle maintenance and repairs -SFO 09/23/2015 45.00$ 70521 10051 - JIM DAVIS AUTOMOTIVE Vehicle maintenance and repairs -SFO 10/07/2015 45.00$ 70358 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Extinguisher -SFO 09/23/2015 42.22$ 70431 10165 - UPS Shipping charges 09/23/2015 40.82$ 70373 11210 - DATA SAFE Shredding services 09/23/2015 40.00$ 70538 10302 - STEVENS CREEK QUARRY INC Base Rock (SA)10/07/2015 29.46$ 70411 10134 - RAYNE OF SAN JOSE Water Service (FO)09/23/2015 26.25$ 70400 10670 - O'REILLY AUTO PARTS Auto Parts for vehicles 09/23/2015 26.03$ 70381 11195 - GOODYEAR AUTO SERVICE CENTER P97 Tire Repair 09/23/2015 25.00$ 70520 10421 - ID PLUS INC Uniform name tag 10/07/2015 10.25$ $1,069,662.75 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-15-148 Meeting 15-25 October 14, 2015 AGENDA ITEM 3 AGENDA ITEM Resolution Implementing New Fee Structure for Board Policy 4.04 – Concessions Operating on District Lands GENERAL MANAGER’S RECOMMENDATION Adopt a resolution amending the fee structure for Board Policy 4.04 – Concessions Operating on District Lands SUMMARY AND DISCUSSION Board Policy 4.04 (Concession Operating on District Lands) was approved by the Board at its last meeting on September 23, 2015, but an error was found in the resolution shortly after approval. The wording of the resolution did not match the content of the Board report and Board policy. The wording of the resolution has been corrected in this version and is being brought back to the Board for approval. As approved at the September 23, 2015 Board meeting, the following fee structure would be implemented for concessionaire applications: 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. 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 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. R-15-148 Page 2 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 Upon approval by the Board of Directors, District staff will implement associated Administrative Guidelines as authorized by the Board policy. Attachments: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending Resolution 15-54 and Adopting Fees for Concessions Operating on District Lands 2. Board Report 15-139 from September 23, 2015 meeting Responsible Department Head: Michael Newburn, Operations Manager Prepared by: Gordon Baillie, Operations Analyst Contact person: Michael Newburn, Operations Manager Resolutions/2015/15-___Concessions Fees_Amended 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING RESOLUTION 15-54 AND 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, on September 23, 2015, the Board of Directors of the Midpeninsula Regional Open Space District adopted Resolution 15-54, adopting fees for Concessions Operating on District Lands; and WHEREAS, Resolution 15-54 incorrectly reduced the Permit Application Fee 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; and WHEREAS, there shall be an exemption available for the Permit Application Fee 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; 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 An exemption to the application fee would be availableReduced 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 Attachment 1 Resolutions/2015/15-___Concessions Fees_Amended 2 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: 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 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. Attachment 2 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. Attachment 2 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 Attachment 2 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 Attachment 2 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 Attachment 2 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 Attachment 2 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 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 2 Attachment 3 Attachment 2 R-15-145 Meeting 15-25 October 14, 2015 AGENDA ITEM 4 AGENDA ITEM Agreement to Expand Volunteer Opportunities on District Preserves GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to approve a partnership agreement with Acterra for $34,788, plus a 15% contingency, for a total amount not to exceed $36,800 in Fiscal Year 2015-16 to manage volunteer outdoor service projects at two District preserves. SUMMARY The Midpeninsula Regional Open Space District’s (District) Volunteer Program recruits, coordinates, and leads hundreds of volunteers each year in assisting with the management of habitat restoration, trail, fence and other restoration projects. This partnership agreement would transfer the coordination and management of additional volunteer stewards participating in outdoor service projects from District staff to Acterra for a one-year trial period. The current District volunteer program would remain at its present size and level of support for the next year. DISCUSSION This District Operations Department continues to research options for increasing the amount of stewardship volunteer opportunities the agency provides. As the number of District maintenance projects and land purchases increase, so does the need for increased volunteer participation. The Volunteer Partnership Development Plan is listed in the adopted Fiscal Year (FY)2015-16 Action Plan. The scope of this plan includes expansion of current programs and participant diversity by partnering with volunteer agencies like Acterra. The District’s Volunteer Program Manager will oversee and manage this contract and the assigned habitat restoration work. When needed, Natural Resources staff will be consulted to ensure consistency with the District’s recently adopted Integrated Pest Management Program. Acterra Project Leads have experience in managing habitat restoration volunteer programs. In addition, their relationship with local schools will enable more youth to participate in stewardship of District lands. District staff has completed the initial stages of this program by working with Acterra to develop potential project lists, conduct site visits, and finalize the costs of a pilot partnership program to manage habitat restoration projects at two District preserves. R-15-145 Page 2 This one-year agreement would fund Acterra in the recruitment, coordination and leadership of local volunteers to control invasive, non-native vegetation at Russian Ridge and the Hawthorns Area of Windy Hill Open Space Preserve. FISCAL IMPACT The Natural Resources Department FY2015-16 budget includes sufficient funds for the anticipated $36,800 cost of this project. BOARD COMMITTEE REVIEW No committee review required. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The treatment of invasive, non-native vegetation is covered by the District’s Integrated Pest Management Program and Environmental Impact Report adopted by the Board on November 19, 2014. Acterra will follow all conditions set out by Integrated Pest Management Program. NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to enter into an agreement with Acterra to manage volunteer outdoor service projects to remove invasive, non-native vegetation at both Russian Ridge and Hawthorns. If this program is successful, staff will seek additional partnership opportunities for future programs and projects. Responsible Department Head: Michael Newburn, Operations Manager Prepared by: Paul McKowan, Volunteer Program Manager R-15-147 Meeting 15-25 October 14, 2015 AGENDA ITEM 5 AGENDA ITEM Update on Actions of Mutual Interest taken by the District and by Lehigh Southwest Cement Company during the Past Year GENERAL MANAGER’S RECOMMENDATION Receive a presentation on actions taken over the past year by the District and Lehigh Southwest Cement Company related to Lehigh Quarry operations. SUMMARY In August 2014, the Midpeninsula Regional Open Space District (District) agreed to dismiss its judicial appeal challenging Lehigh Southwest Cement Company’s (Lehigh) Environmental Impact Report (EIR), in exchange for various public benefits described herein, and based on progress noted in work necessary to protect air and water quality, and extensive work performed on the restoration of the scenic viewshed (R-14-98). One of the important conditions of the settlement was an agreement for the District and Lehigh to participate going forward in conducting regular, open public meetings regarding opportunities and issues of mutual concern. The first meeting was held on May 27 of this year (R-15-84). This is the second meeting, and presentations will be provided by the District’s General Manager and Mr. Kari Saragusa, President of Lehigh Southwest. DISCUSSION The Board received a presentation from Kari Saragusa, President of Lehigh Southwest, on May 27, 2015 (R-15-84). Mr. Saragusa will again present actions taken by Lehigh over the past year that may be of interest to the District and the Community. The Board approved dismissal of the District’s judicial appeal challenging the Lehigh Southwest Cement Company’s (Lehigh) Permanente Quarry Reclamation Plan Environmental Impact Report (EIR) in August 2014 (R-14-98). This settlement agreement included Lehigh’s agreement to the following actions: 1) Lehigh conveyed a widened public trail easement to the existing Quarry Trail across their land. This easement was recorded in January 2015; 2) Leigh conveyed a new public trail easement, connecting Rancho San Antonio and Monte Bello Open Space Preserves. This easement was recorded in January 2015; R-15-147 Page 2 3) Grant to the District Rights of First Offer and Rights of First Refusal on two properties, totaling 265 acres, in which the District has a long-term protection interest. These documents were recorded in January 2015; 4) Grant to the District a Conditional Grant Deed to a 55 acre Lehigh property buffering the PG&E trail at Rancho San Antonio Open Space Preserve. The District can record if Leigh resumes using and raises the height of the East Material Storage Area (EMSA); 5) Waive the right to recover the $9,404 which is the District’s half of the $18,808 total costs awarded by the lower court; and 6) Participate with the District going forward in conducting regular, open, public meetings in which Lehigh and the District can discuss opportunities and issues of mutual concern. Additionally, the District received the final results from the air quality monitoring study completed for Rancho San Antonio OSP in October 2014 (R-14-126). The data collected during the study period showed that the air quality at Rancho reflected a low-impact environment, with some effect from the nearby industrial (Lehigh Southwest Cement Plant and Quarry) and urban areas. FISCAL IMPACT There is no fiscal impact associated with this presentation. BOARD COMMITTEE REVIEW There was no committee review of this item. Regular public meetings with the District and Lehigh are a commitment made as part of the settlement agreement PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This presentation is not a project under CEQA. NEXT STEPS The General Manager anticipates a third public meeting to be held in 2016. The Planning Department has tentatively scheduled the initial reconnaissance work for the new trail alignment within Monte Bello OSP beginning in the third quarter of FY 2016-17, and anticipates hiring a consultant to assist in this work in order to leverage staff resources assigned to other high priority projects. Upon completion of the construction of the new trail easement, which is anticipated to be completed in 2021, the District will survey the actual trail alignment and record an amended trail easement. The reroute of the existing Quarry Trail in Rancho San Antonio OSP is anticipated to be completed in 2023. Responsible Department Manager: Kirk Lenington, Natural Resources Manager R-15-146 Meeting 15-25 October 14, 2015 AGENDA ITEM 6 AGENDA ITEM Approval of Assignment and Amendment of the Bear Creek Stables Rental Agreement GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to Approve the Assignment and Amendment of the Bear Creek Stables Rental Agreement from Glenda Smith to Pamela Ashford. SUMMARY For the last 16 years, Glenda Smith has managed Bear Creek Stables. Recently she relocated from the Bay Area to Washington State. Glenda had hoped that the timing of her full departure from the Bay Area coincided with the District’s award of a long term lease of the stables to a new tenant as part of a Request for Proposals process. Because the development of the Site Plan is still in process, Glenda requested that the District consider assigning the Bear Creek Stables Rental Agreement (Agreement) for the stables to an interim manager, Pamela Ashford. Staff met with the boarders of the stables on Monday, September 21, 2015 to discuss the transition and to answer any questions the boarders may have regarding this new arrangement. If approved, the Assignment would be effective on November 1, 2015. MEASURE AA The Assignment of the Agreement for Bear Creek Stables is not a Measure AA project. DISCUSSION The District entered into an Agreement with Paul and Glenda Smith on December 13, 1999. Since then, Mr. Paul Smith passed away and Glenda has been managing the stables under this month-to-month agreement for the last 16 years, along with a caretaker, Erfert Fenton, and co- manager, Jenny Whitman. Recently, Glenda relocated to Washington and was hoping that the timing of her full departure from the Bay Area would coincide with the District’s award of a long-term lease of the stables to a new tenant as part of a Request for Proposals process. However, the approved schedule for completing the site planning process has pushed the date for the District to award the lease to a new tenant to the summer of 2016. Glenda indicated that this schedule would not work with her plans, and on July 17, 2015, Glenda requested the District assign the Agreement to an interim stable manager. In early September, Glenda proposed Pamela Ashford for consideration. Both the current caretaker, Erfert Fenton, and co-manager, Jenny Whitman, agreed that Ms. Ashford R-15-146 Page 2 would be a good choice for interim stable manager. On September 21, 2015, District staff met with the boarders, current management staff, and Ms. Ashford to present the arrangement for interim management of the stables and to answer any questions of the boarders. As part of the assignment, all boarders will be resubmitting their boarding agreements to Ms. Ashford and the District to provide an updated list of boarders going forward. If approved, the assignment would go into effect on November 1, 2015. The Agreement will continue as a month-to-month arrangement, as before. FISCAL IMPACT Current rent for Bear Creek Stables is $2,150 per month or $25,800 annually. The rent is proposed to remain unchanged during the period of assignment. BOARD COMMITTEE REVIEW This interim Assignment and Amendment was not presented to the Real Property Committee as this action is time sensitive and available staff time was directed to working with the Bear Creek Stable boarders to ensure a successful interim arrangement for presentation to the full Board. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Also, Bear Creek Stable boarders, Bear Creek Redwoods equestrian interested parties and adjoining property owners have been mailed a copy of the agenda for this public meeting. No additional notice is required. CEQA COMPLIANCE The proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXT STEPS If approved by the Board of Directors, the General Manager will enter into an Assignment of the Bear Creek Stables Agreement assigning Pamela Ashford as of November 1, 2015 as the new interim manager of the stables. District staff will work with Ms. Ashford to create a current roster of stable boarders. Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Elaina Cuzick, Senior Real Property Agent DATE: October 9, 2015 MEMO TO: MROSD Board of Directors FROM: Kevin Woodhouse, Assistant General Manager THROUGH: Stephen E. Abbors, General Manager SUBJECT: Update re: Santa Cruz Mountains Stewardship Network _____________________________________________________________________________ At the September 23, 2015 Board meeting the Board authorized the General Manager or his designee to sign on to the Santa Cruz Mountains Stewardship Network Memorandum of Agreement. At the Network’s September 29-30, 2015, meeting several minor revisions to the document were suggested by Network participants. The revisions, shown in the attached document, remain consistent with the District’s mission and objectives related to stewardship and the Network. The document was changed to a Memorandum of Understanding, specifies the autonomy of the participant organizations and the ability to withdraw from the MOU, acknowledges that “the generation of responsibly produced resources and livelihoods from working lands” is included in the “variety of conservation benefits,” and mentions “fire” as a type of threat/hazard for which the identification and communication of acceptable thresholds of threats/hazards is important. Due to the minor nature of these revisions and their consistency with the District’s mission and objectives, I moved forward with signing the document on behalf of the District. More than half of the Network participants also signed, with the remaining organizations still needing to (and expecting to without further delay) receive their authorization to sign through their organization’s appropriate channels. If a majority of the Board members have concerns with the final MOU revisions, the MOU can be re-agendized for further Board deliberation at a future meeting. 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 Santa Cruz Mountains Stewardship Network Memorandum of AgreementUnderstanding This Memorandum of Agreement Understanding establishes the Santa Cruz Mountains Stewardship Network, a region-wide and cross-sector collaboration of independent 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 valuesvariety of conservation benefits, including the generation of responsibly produced resources and livelihoods from working lands. • 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 from activities or events such as fire, 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 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, while also affirming and retaining the independence and autonomy of their organization, its mission, its authority, and its goals. Any participant may withdraw from this MOU at any time by providing written notice to the other participants within 30 days prior to their intended withdrawal. Organization_________________________________________________________________________ Name______________________________________________Title_____________________________ Signed___________________________________________________________Date_______________ DATE: October 9, 2015 MEMO TO: MROSD Board of Directors FROM: Kevin Woodhouse, Assistant General Manager Kirk Lenington, Natural Resources Manager David DeLong, Management Talent Exchange Program THROUGH: Stephen E. Abbors, General Manager SUBJECT: District Workplan Concerning Climate Change _____________________________________________________________________________ One of the Key Projects on the Action Plan for FY2015-16 is work to evaluate opportunities for carbon sequestration on District Preserves and calculate potential carbon credits, including evaluation of future climate change models. This memorandum describes the scope of work the District will be undertaking for this project this fiscal year and, depending on future staff capacity and project priorities, projected tasks in future years. In 2006, the California State Legislature passed the California Global Warming Solutions Act of 2006 (Assembly Bill 32). AB 32 created a comprehensive, multi-year program to reduce Greenhouse Gas (GHG) emissions in California to 1990 levels by 2020. Recently, Governor Jerry Brown directed a new goal to further reduce greenhouse gas emissions 40 percent below 1990 levels by 2030, as directed in Executive Order B-30-15. These ambitious programs have placed California at the forefront of GHG reductions and have spurred new innovations and programs, such as California’s Cap and Trade carbon credit/allowance market. The Natural Resources Department is leading the carbon sequestration and climate change work items for the District (with added staff resource through a three-month exchange employee from the Management Talent Exchange Program). This Action Plan item was scheduled to begin in Quarter 3 (October-December), and has begun on schedule. A summary of the work plan is presented below. 1. Carbon Sequestration Research – Research the organization’s compliance requirements with respect to California’s Global Warming Solutions Act (AB 32) and determine how voluntary activities might qualify for sequestration investment opportunities funded by California’s growing Cap-and-Trade market revenues. This research will consider the costs/benefits of several existing and potential opportunities, including: 1) participating in the state’s very stringent Cap-and-Trade carbon offset credit market; 2) parlaying MROSD sequestration activities into investment revenues that may require less stringent performance tracking and long-term commitments (such as grant application opportunities); and, 3) partnering with other public and private landowners in the future 2 to aggregate carbon offset projects into “offset banks” that can be used to secure Cap- and-Trade credit revenues under a centrally administered collective. Additionally, California’s Cap-and-Trade Fund now contains over $2 Billion in revenues from state sales of carbon credits. By statute, Cap-and-Trade Fund expenditures must be used to fund programs that directly result in a reduction in GHG. Several proposals have recently been introduced that would establish competitive grant programs for the use of these funds. 2. MROSD Carbon Footprint Assessment – Research MROSD’s compliance requirements regarding the Sustainable Communities and Environmental Protection Act of 2008 (SB 375) and draft an RFP to secure consultant services to 1) conduct a Greenhouse Gas (GHG) emissions inventory for MROSD operations; and, 2) facilitate the development of an MROSD Climate Action Plan (CAP) to reduce future organizational emissions and address any current or future compliance requirements. In addition to these efforts, a third aspect of the District’s work in addressing its impacts on climate change is the analysis of how climate change will result in changes to the distribution and health of habitats within the Santa Cruz Mountains region. Many universities have research programs modeling how climate change scenarios could affect natural communities, species distributions, and other important abiotic factors such as rainfall, fog distribution, and average temperature. These models often produce maps at a larger regional scale (statewide, western United States), and have many different predicted outcomes. Generally, most scientists agree that the most likely outcome for the San Francisco Bay Area is a warmer, drier climate. During the Vision Plan process, the District prepared a map of Areas of Climate Resiliency to better inform habitats where conservation efforts may wish to focus to address climate change. Further work can be done to address this and other climate change impacts and future science should provide better tools with which to make these types of decisions. Finally, on an international scale, France will be hosting and presiding over the 21st Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21), from November 30 to December 11, 2015. COP21 will be a crucial conference, as it has a goal to achieve a new international agreement on the climate, applicable to all countries, with the aim of keeping global warming below 2°C. If successful, this international agreement may result in national initiatives that may require District participation.