Loading...
HomeMy Public PortalAbout20150128 - Agenda Packet - Board of Directors (BOD) - 15-03 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, January 28, 2015 SPECIAL MEETING BEGINS AT 5:00 REGULAR MEETING BEGINS AT 7:00 A G E N D A 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Financial and Operational Sustainability Model Study Update (R-15-23) Staff Contact: Kevin Woodhouse, Assistant General Manager General Manager’s Recommendation: Receive an update on the Financial and Operational Sustainability Model Study that is being conducted for the District by Management Partners. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS – PUBLIC ADOPTION OF AGENDA CONSENT CALENDAR 1. Approve Minutes of the January 14, 2015 Board Meeting 2. Approve Claims Report 3. Appointment of Board of Directors Standing Committee Members for Calendar Year 2015 (R-15-15) Staff Contact: Jennifer Woodworth, District Clerk Board President’s Recommendation: Approve the President’s appointments to the Board Meeting 15-03 Standing Committees, as well as approve the appointments of Board representatives to other bodies, and determine the compensation status for attendance at Board Committee meetings. 4. Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2015 (R-15-16) Staff Contact: Jennifer Woodworth, District Clerk Board President’s Recommendation: Approve appointment of Directors Pete Siemens, Curt Riffle, Jed Cyr, and Larry Hassett to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2015. 5. Renewal of Investment Authority and Adoption of Annual Statement of Investment Policy (R-15-17) Staff Contact: Mike Foster, Controller General Manager’s Recommendation: Adopt a resolution to renew the District Controller’s investment authority until January 7, 2016 and approve the District’s Revised Statement of Investment Policy. 6. Ombudsperson Annual Report (R-15-21) Staff Contact: Shelly Lewis, Public Affairs Manager General Manager’s Recommendations: 1. Receive an annual report from Rosemary Field, the District’s Ombudsperson. 2. Approve an extension to the appointment of Rosemary Field as the District’s ombudsperson through December 31, 2015. BOARD BUSINESS 7. Contract for the Mount Umunhum Radar Tower Interim Repair Project located at Sierra Azul Open Space Preserve (R-15-09) Staff Contact: Gina Coony, Open Space Planner III General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Ashron Construction and Restoration, Inc., of Milpitas, CA, for a contract amount of $222,980. In addition, authorize a 10% contingency of $22,298 to cover any unforeseen conditions, for a not-to-exceed contract total of $245,278, to complete the Mount Umunhum Radar Tower Interim Repair Project located at Sierra Azul Open Space Preserve. 8. Award of Contract for Design and Engineering Services for the Mount Umunhum Summit Project (R-15-18) Staff Contact: Lisa Bankosh, Planner III General Manager’s Recommendation: Authorize the General Manager to execute a contract with Restoration Design Group for an amount of $325,735 to design and engineer ecological restoration and visitor amenities on the summit of Mount Umunhum at Sierra Azul Open Space Preserve. In addition, authorize a 15% contingency of $48,860 to cover unforeseen requirements, for a not-to-exceed total contract amount of $374,595. 9. Proposed Funding and Acquisition Agreement to purchase a Conservation Easement for Alpine Ranch Property owned by Peninsula Open Space Trust located at 8700 Alpine Road, La Honda, in unincorporated San Mateo (Assessor’s Parcel Numbers 083-340-140) (R-15-14) Staff Contact: Michael Williams, Real Property Manager General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Quality Act as set out in the staff report. 2. Adopt a Resolution authorizing the execution of the Funding and Acquisition Agreement with Peninsula Open Space Trust (POST) and accept a conveyance of a conservation easement over POST’s Alpine Ranch property. 3. Adopt the Preliminary Use and Management Plan recommendations as set out in this report. 4. Withhold dedication of the Alpine Ranch property as public open space. 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 ADJOURN MEETING TO CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: End of Lucy Lane, Half Moon Bay, CA, San Mateo County APN 066-320-120 Agency Negotiator: Michael Williams, Real Property Manager Negotiating Party: Henry Riggs, Property Owner Under Negotiation: Price and terms of payment 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 15900 Soda Springs Road, Los Gatos, CA, Santa Clara County APN 558-31- 008 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Linda Kinney, Santa Clara County Tax Collector’s Office Under Negotiation: Price and terms of payment 1. CLOSED SESSION: PUBLIC ADJOURNMENT TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 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. 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 January 23, 2015, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. Agenda materials are also available on the District’s website at http://www.openspace.org. Signed January 23, 2015 at Los Altos, California. R-15-23 Meeting 15-03 January 28, 2015 STUDY SESSION AGENDA ITEM 1 AGENDA ITEM Financial and Operational Sustainability Model Study Update GENERAL MANAGER’S RECOMMENDATION Receive an update on the Financial and Operational Sustainability Model Study that is being conducted for the District by Management Partners. SUMMARY The Board of Directors authorized a contract with Management Partners on August 28, 2014, to conduct the Financial and Operational Sustainability Model (FOSM) Study, which is identified as a major project in the Fiscal Year 2014-15 Action Plan and Budget. The purpose of the FOSM study is to evaluate existing District workflow processes, staff capacity, and organizational structure and identify options to accelerate completion of high priority projects while continuing to carry out the daily on-going business of the District in a financially prudent and sustainable manner. Management Partners completed the organizational scan/research phase of the study in November and, at a study session on November 12, 2014, updated the Board on several themes that emerged from the research phase of the study. Since that time, Management Partners has been engaged in the analysis and model development phase of the study. The purpose of the January 28, 2014, study session is for Management Partners to update the Board on their analysis and model development work, including discussion of guiding principles to frame organization structure options and progress to date on the development of organizational structure options. Management Partners will also present preliminary information on an approach to phasing organizational changes, as well as receive Board member comments, respond to Board member questions, and inform the Board about the next steps for the study. DISCUSSION A FOSM update memorandum from Management Partners is provided as Attachment 1. The study session presentation will cover Management Partners’ research and analysis to date, organized according to the following outline: I. Project Update Review the work completed to date and the areas of emphasis and focus. II. FOSM Guiding Principles that Frame Organization Structure Options R-15-23 Page 2 Review of a set of guiding principles and strategic objectives that are intended to guide the development of recommendations and decision-making regarding alternative organization structures. III. Observations of the Current Organization Present study observations about the current organization, with a focus on the macro-organizational structure and systems. The organization review assessed current structure in light of the demands of implementing Measure AA with specific attention to scalability, alignment of functions and supporting systems, and accountability of project delivery. IV. Design and Evaluation of Organization Structure Options Review of pros and cons related to different macro-organization structures analyzed by Management Partners, with a focus on a preliminarily recommended option. V. Review Organization Phasing Approach Review recommended implementation approach intended to effectively phase in organizational changes and communicate priorities. VI. Next Steps Review of next steps for completing the FOSM study, as well as priority implementation actions. As the General Manager stated in an update to the Board and all employees on December 12, 2014, the schedule for the FOSM study has been extended in order to allow time to carefully consider development of an implementation plan to effectively phase in organizational changes. Originally, this update was scheduled for mid-December, 2014. The additional time has allowed more review and input from District management, as well as additional briefings from Management Partners to the Department Managers team, and two meetings for all employees that are scheduled during the day on January 28 before this evening study session with the Board of Directors. FISCAL IMPACT The cost to complete the FOSM study is a not-to-exceed amount of $118,690, which includes the project proposal amount of $107,900 and a ten percent contingency amount of $10,790. Due to the extended project scope and timeline beyond the initially anticipated January 31, 2015, completion date, as well as the possibility of Management Partners assisting the District with specific implementation actions that were not part of the FOSM study scope of work, the General Manager anticipates returning to the Board in February for consideration of extending the term and increasing the amount of Management Partners’ contract. Staff and Management Partners will be discussing the specifics of the contract extension following this study session. BOARD COMMITTEE REVIEW This study was included in the Fiscal Year 2014-15 Action Plan and Budget, which was reviewed by the Action Plan and Budget Committee and recommended to the full Board in late February, 2014. Due to the magnitude and importance of this study, the scope of work anticipates full Board input during the study. R-15-23 Page 3 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 Management Partners will continue the model development phase of the project, including the financial analysis related to more detailed organizational structure build-out and District process improvement. It is anticipated that the Draft FOSM Study report will be presented to the Board in late February, followed by the final report in March. Attachments 1. January, 2015, FOSM Update from Management Partners Responsible Department Head: Steve Abbors, General Manager Prepared by: Kevin S. Woodhouse, Assistant General Manager To: Steve Abbors, General Manager, Midpeninsula Regional Open Space District From: Management Partners Subject: Board of Directors Study Session 1/28/15 –Financial and Operational Sustainability Model (FOSM) Update Date: January 23, 2015 Project Status and Overview of Current Organization The District engaged Management Partners to develop two to three organization models that will position the agency to successfully implement Measure AA projects and organize itself for long-term sustainability. Since our last presentation to the Board of Directors on November 12, 2014, the team completed the environmental scan and benchmarking activities and developed alternative organization models for consideration. In conjunction with the Executive Team, Management Partners developed guiding principles and strategic objectives to serve as decision-making criteria to construct and analyze different organization structure alternatives. These guiding principles reflect the learning and the goals of this engagement. Management Partners worked closely with members of the Executive Team to develop several organization models that a) enhance business and corporate systems; b) spotlight the project delivery function and responsibility within the organization; and, c) clearly define business lines and group similar functions together to enhance information flow, decision making and accountability. The focus of work to date has been on macro organization structure. Departmental-specific organization work, staff build out and other process improvement recommendations will occur during the next phase of work. In the construction of organization models, special attention was given to scalability. This concept provides for a sustainable organization structure that can grow, shift and adapt over time. Additionally, the organization has a culture which values collaboration and teamwork and the models build on these attributes as underpinnings of future success. We developed a recommended strategy to phase the organization changes and system improvements and ensure time and opportunities for further employee engagement. FOSM Guiding Principles that Frame Organization Structure Options High performing organizations share certain structure characteristics. They are designed around outcomes, not individual specialties and reflect how the team is expected to work together. Such organizations are structured with a clear chain of command but have an Page 2 expectation of horizontal teamwork to achieve desired outcomes. Finally, they create boundary- crossing partnerships that encourage collaboration. Through the lens of these effective organization concepts, our team developed a set of guiding principles unique to Midpen that provide a framework for organization alternatives. Guiding Principles 1. The goals outlined in the Vision Plan will drive the work of the organization and it will be structured to be transparent and accountable to the taxpayer. 2. Functions will be structurally aligned in a manner that ensures successful program and project management that clearly delineates roles and responsibilities to build accountability and promotes efficiency and effective operations. 3. The organization will utilize integrated and effective business, administrative and information systems to enable a sustainable and fiscally viable organization. 4. The District’s project delivery objectives will be achieved through a team-based, matrix delivery system that relies upon clear hand-offs and resource allocations from across the organization. 5. Leadership, decision making authority and information flow will encourage organizational effectiveness, performance and accountability. 6. The organization will facilitate employee development and growth including through career-paths that provide opportunities for advancement. 7. The organization will be scalable to ensure sustainable alignment of core functions and meet changing demands for service over time. Each alternative organization model was evaluated against these principles as well as observations of current organizational opportunities and gaps identified during the learning phase of this engagement. Observations of Current Organization Structure: The District’s mission, to preserve and protect the region’s natural resources and provide greater access for public enjoyment of these resource s, serves to help attract and retain high quality employees. However, the current structure does not fully leverage the team’s capacity to meet the new work of Measure AA projects nor is it easily scalable . Through the environmental scan and benchmarking work completed by Management Partners a number of areas were identified as opportunities for improvement. These observations informed the design and analysis of organization models presented in this transmittal. These observations include the following: • Administrative Services functions are split under two AGMs which can limit strategic focus • There are not functionally aligned core businesses for which the AGMs are responsible Page 3 • Part-time Controller fills financial management gaps that should be provided by a Chief Financial Officer level position given the size and complexity of financial management that is required of the organization • Project Delivery is not an established, accountable function on the organization chart and is necessary to deliver on Measure AA as well as other capital projects • Project management is inconsistent and not always coordinated, leading to inefficient project delivery • The scale and complexity of the District’s project and program delivery warrants an in- house engineering component • Procurement is decentralized and uncoordinated which is inefficient and may inhibit potential economies of scale. • Information Technology is not providing the basic tools for a modern organization or performing a strategic role • Natural Resources informs both policy/planning and operational work and requires defined working relationships • The maintenance function requires systems and professional development opportunities to meet the organization’s future • Trail and small construction projects performed by maintenance teams results in less staff time for routine field maintenance • Demand for visitor services will increase as the organization grows and greater public access is available • GIS should be positioned to meet the opportunities and strategic initiatives across the entire organization • Special projects and program management capacity is key to implementing recommended improvements and meeting ongoing reporting requirements • Human Resources requires additional capacity to meet internal service demands (i.e., recruitments) • Public Affairs should provide the voice of the entire organization as well as MAA • Internal communication is critical to organizational success in the short and long term Design and Evaluation of Organization Structure Options: Since late November, Management Partners has developed a variety of organization models. As noted earlier, Management Partners worked closely with the Executive Team to develop and analyze the alternatives. The alternatives fall into three categories: parallel organization, matrix organization, and integrated or core business organization. An evaluation of each is listed below using the guiding principles as the “yard stick” or measurement of effectiveness. The models will be reviewed with the Board of Directors at the Study Session. 1. Parallel Option – creates a parallel organization around MAA project delivery intentionally doubling functions to support increased project delivery and clear accountability. Strengths a) Clear MAA responsibilities b) Transparency and accountability for MAA Page 4 c) Integrated business and information systems Challenges a) Duplicative and inefficient b) May undermine teamwork culture of District c) Non MAA project delivery roles and responsibilities unclear 2. Matrix Option – establishes a leadership position related to MAA projects that draws all resources from within current organization structure. Strengths a) Clear MAA responsibilities b) Integrated business and information systems c) Staff development and succession opportunities Challenges a) Lacks functional alignment b) Lacks transparency and accountability for all other project delivery c) Staff may become challenged to focus on priorities b) Less scalable 3. Integrated Core Business Option (i.e., project planning and delivery; visitor and field services; administrative support) – clusters like functions to capture synergies, maximizes information flow and enhances capacity to deliver three times the output as well as integrates MAA projects implementation into a core business model. Strengths a) Clear MAA responsibilities b) Transparency and accountability for MAA c) Aligns functions by three core business lines of the District d) Scalable and provides for long term sustainability e) Staff development and succession opportunities f) Integrate business and information systems Challenges a) Absent effective leadership, commitment to new roles, and implementation of improved systems, organization can fall into old patterns of inadequate accountability Management Partners observed that Midpen delivers three primary lines of service: planning and project delivery; operations and field services; and the administrative internal support provided for the first two. Based on all these considerations and in consultation with the District Executive Team, we recommend that the District implement the Integrated Core Business Option as the preferred organization structure. Review Organization Phasing Approach: Finally, we recommend that the organization change occur in three phases. Phase I aligns the administrative functions and project planning and delivery functions. This includes filling a variety of key positions related to these functions, including: Chief Financial Officer, Page 5 Engineering and Construction Manager, Information Technology Manager, as well as Special Projects support in both the General Manager and Finance and Administrative Services areas. Other action items include development of a detailed reorganization plan, issuance of a request for proposal for an information technology strategic plan, project management system development and the design of a recruitment plan. Phase II focuses on implementing the remaining alignment of the functions along business lines and filling the remaining positions to complete assembling the teams. Phase III implements the practices defined in Phases I and II and continues hiring as needed (operationalizing the changes). Full implementation is anticipated in 2016. Next Steps: All of the phases will be incorporated in to an Implementation Action Plan (IAP) that will be developed over the next several months. Along with the Final FOSM Study Report, which will include model build-out, financial analysis, and other process improvement recommendations, the FOSM IAP will be presented to the Board of Directors in late March outlining future policy issues and budgetary decisions. ATTACHMENTS: Guiding principles Macro-level recommended organization chart ATTACHMENT Midpeninsula Regional Open Space District Guiding Principles for Organizational Design Effective organization structures should: 1. Be designed around desired outcomes, not specialties. 2. Be based on clear outcomes of the organization and how the team is expected to work together to achieve them. 3. Be clear about the chain of command, but expect horizontal teamwork to achieve desired outcomes. 4. Create boundary-crossing partnerships that encourage collaboration. Guiding Principles A set of principles to guide decision-making regarding alternative organization structures. 1. The goals outlined in the Vision Plan will drive the work of the organization and it will be structured to be transparent and accountable to the taxpayer. 2. Functions will be structurally aligned in a manner that ensures successful program and project management that clearly delineates roles and responsibilities to build accountability and promotes efficiency and effective operations. 3. The organization will utilize integrated and effective business, administrative and information systems to enable a sustainable and fiscally viable organization. 4. The District’s project delivery objectives will be achieved through a team-based, matrix delivery system that relies upon resource allocations from across the organization. 5. Leadership, decision making authority and information flow will encourage organizational effectiveness, performance and accountability. 6. The organization will facilitate employee development and growth including through career-paths that provide opportunities for advancement. 7. The organization will be scalable to ensure sustainable alignment of core functions and meet changing demands for service over time. Organizational Design Strategic Objectives The following are intended as strategic objectives related to the District’s need for organizational change and increased capacity to meet a demanding work program. 1. Administrative Systems: Develop administrative and information systems required for efficient and effective management, accountability and strong customer service. Page 2 2. Program and Project Delivery: Position the organization to deliver programs and projects efficiently through effective and accountable systems, defined responsibilities and a capable and collaborative workforce. 3. MAA Program: Integrate MAA program and project delivery within a defined Capital Improvement Program (CIP) with oversight that ensures accountability and facilitates the delivery of projects within a team-based framework. 4. Further Develop the Organization’s Capacity to Change and Adapt: Expand capacity and develop the District staff’s ability to adapt and scale up over time. Midpeninsula  Regional  Open  Space  District   Alternative  Functional  Organization  Chart DRAFT General Manager Visitor and Field Services Assistant General Manager Finance and Administrative Services CFO / Director of Administrative Services Finance Human Resources Information Technology Board of Directors Project Planning and Delivery Assistant General Manager Planning Real Property General Counsel Controller Executive Assistant Intergovernmental Internal communication Media Outreach Engineering and Construction Ranger program Docent/volunteer program Public safety District stewardship Grazing Pest management Vegetation management Wildlife management Field maintenance Facilities maintenance Property and land management Trails and construction Natural Resources Visitor Services Land and Facilities Services Land acquisition Property acquisition CEQA Current planning Long-range planning Regional trails coordination Signage Special Projects and Program Management Design and engineering Construction MAA project delivery Permits Public Affairs Accounting Procurement Budget Recruitment Benefits Classification and compensation Employee recognition Organizational development Performance management Training :RUNHUV¶FRPSHQVDWLRQ Safety ADA compliance Systems GIS Web maintenance Support Records management District Clerk Special Projects Attachment January 14, 2015 Board Meeting 15-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 January 14, 2015 DRAFT MINUTES SPECIAL MEETING – STUDY SESSION I. CALL TO ORDER President Harris called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 5:02 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Kevin Woodhouse, District Clerk Jennifer Woodworth III. STUDY SESSION 1. Development of Employee Compensation Guiding Principles (R-15-13) Assistant General Manager Kevin Woodhouse provided the staff presentation summarizing the draft Employee Compensation Guiding Principles Board policy and the various discussions and development of the policy by the Action Plan and Budget Committee (ABC). Mr. Woodhouse presented information regarding a recruitment and retention analysis completed by staff at the direction of the ABC. Mr. Woodhouse reviewed the various sections of the draft policy and described the purpose of each section. Mr. Woodhouse described the three options presented for Section 6 Competitiveness of the draft policy and the preliminary cost estimate assumptions and associated limitations associated with implementing Options A, B, or C. Meeting 15-01 Page 2 Director Hanko commented on the high quality of District staff and the members of the ABC. Director Hanko inquired if staff recommends delaying a decision on the draft policy based on the implications of the FOSM. Director Riffle stated that as a member of the ABC he wants all members of the Board of Directors to read through and feel comfortable with the entire policy before moving forward. Director Hassett expressed his concern regarding the process for choosing comparative agencies and inquired if the ABC discussed this process and the implications of choosing different comparative agencies for different positions in order to best match job descriptions. General Manager Steve Abbors urged the Board to continue to use the comparative agencies used in the 2013 Compensation Study in order to avoid uncertainty inherent in choosing different comparative agencies for each compensation study. Director Kishimoto provided comments regarding public safety retirement and whether a provision should be included in the policy to state that the District does not pay public safety retirement. Public hearing opened at 6:17 p.m. Alexander Hapke, Field Employees Association Treasurer, provided comments regarding the retirement plan for the members of the Field Employee Association and labor negotiations, cost of implementing Kerry Carlson, Vice-President of the Field Employees Association, provided comments regarding Santa Clara Open Space Authority’s recent successful funding measure, its adoption of a 75% of median compensation standard prior to the passage of the measure, and the District’s history of paying its employees above the median. Donald MacKessy, Lead Open Space Technician at Foothills, expressed his support for Option A and thanked the Board for their commitment to pay staff at or above the median. Mr. MacKessy provided comments regarding payment of District staff below average for comparative agencies and its negative impact on staff’s morale and District culture. Grant Kern, President of the Field Employees Association and Lead Open Space Technician, provided comments regarding the retention and recruitment analysis provided by staff stating that it cannot accurately represent individual employees’ reasoning for working at the District. Finally, Mr. Kern provided comments regarding the high cost of living in the Bay Area. Ken Bolle, Skyline Equipment Mechanic Operator, provided comments regarding the impact of previous Y-rating on maintenance staff. Mr. Bolle shared information regarding San Mateo County’s policy on Y-rating and encouraged the Board to adopt a similar policy. Brennon McKibbin, Skyline Open Space Technician, provided comments regarding the comparative positions used for the compensation study and differences in responsibilities and duties of District field employees and those of other agencies. Mr. McKibbon also provided comments on the economic value of District labor as compared to labor completed for the District by outside contractors. Meeting 15-01 Page 3 Public hearing closed at 6:42 p.m. Director Hassett provided comments regarding separating comparison of salaries and benefits. Director Cyr provided comments in support of comparing salaries and benefits separately and his desire that total compensation be studied. Director Hanko provided comments regarding Y-rating of employees and supported delaying a decision on the draft policy until additional reports are received. Director Siemens directed staff to provide additional information regarding San Mateo County’s policy on Y-rating. Mr. Woodhouse explained that although the Santa Clara Open Space Authority has established a policy of paying in the 75th percentile of comparator agencies used by that agency, but the actually salaries are equivalent to the 50th percentile of comparator agencies used by the District in its recent compensation study. General Manager Steve Abbors provided comments related to Measure AA stating that it was largely in response to comments from members field staff that they were lacking in staff, equipment, and other resources to manage the District’s preserves. As a result of the passage of Measure AA, the District must continue to be responsive to the public’s expressed desire to be conservative in managing the District’s finances and preserves as Measure AA projects are implemented. Mr. Abbors also committed to continue to work with District staff regarding staff salaries and benefits. IV. ADJOURNMENT President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:03 p.m. REGULAR MEETING I. CALL TO ORDER President Harris called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:15 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Administrative Services Manager Kate Drayson, Operations Meeting 15-01 Page 4 Manager Michael Newburn, Planner III Aaron Hébert, Real Property Manager Mike Williams, Real Property Specialist Allen Ishibashi, Planning Manager Jane Mark, Senior Planner Tina Hugg, GIS Coordinator Casey Hiatt, Planner III Gina Coony, Planner II Gretchen Laustsen, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS No speakers present. IV. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda. VOTE: 7-0-0 V. CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings of December 10, 2014 and December 17, 2014. Director Harris requested the minutes of December 10, 2014 meeting to be amended to read “prohibition against residential or non-agricultural development” and the minutes of December 17, 2014 minutes to read “railings must be replaced.” Motion: Director Cyr moved, and Director Kishimoto seconded the motion to approve the minutes of the December 10, 2014 and December 17, 2014 Board meetings, as amended. VOTE: 7-0-0 VI. SPECIAL ORDER OF THE DAY 1. Certification of November 4, 2014 Election Results, Board of Directors Wards 1, 2, 5, and 6 (R-15-06) Motion: Director Kishimoto moved, and Director Cyr seconded the motion to: 1. Adopt the Resolution Declaring Canvass of Returns and Results of the Biennial General District Election held on November 4, 2014 2. Adopt the Resolution Appointing Director – Ward 2 of the Board of Directors of the Midpeninsula Regional Open Space District 3. Adopt the Resolution Appointing Director – Ward 5 of the Board of Directors of the Midpeninsula Regional Open Space District Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 Meeting 15-01 Page 5 2. Oath of Office for Director Siemens – Ward 1, Director Kishimoto – Ward 2, Director Hanko – Ward 5, and Director Hassett – Ward 6 District Clerk Jennifer Woodworth administered the Oath of Office to Directors Siemens, Kishimoto, Hanko, and Hassett. V. CONSENT CALENDAR (CONTINUED) 2. Approve the Claims Report Director Hanko recused herself regarding all items related to Pacific Gas and Electric and AT&T. Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the Claims Report. VOTE: 7-0-0 3. Award a Contract for the Prospect Road Parking Lot Canopy Structure at Fremont Older Open Space Preserve (R-15-11) General Manager’s Recommendation: Authorize the General Manager to enter into a professional services contract with Harris Design for $39,800 with a 15% contingency of $6,200, for a total amount not to exceed $46,000, to provide design and construction administration services for the Prospect Road Parking Lot Canopy Structure at Fremont Older Open Space Preserve. 4. Approval of First Amendment to Grant Deed of Fee Estate Subject to a Power of Termination, a Declaration of Covenants, Conditions and Restrictions, Reservation of a Right of First Refusal, an Easement for Conservation, Open Space and Public Trails at Long Ridge Open Space Preserve (San Mateo County Assessor’s Parcel Number 080-410- 270), and a Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act. (R-15-03) General Manager’s Recommendation: 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 approving First Amendment to Grant Deed of Fee Estate Subject to a Power of Termination, a Declaration of Covenants, Conditions and Restrictions, Reservation of a Right of First Refusal, an Easement for Conservation, Open Space and Public Trails between Thomas L. Anderson/Sharon L. Niswander and Midpeninsula Regional Open Space District. 5. Amend Legal Services Contract with Howard, Rome, Martin & Ridley for a Total Authorized Amount of $45,000 (R-15-05) General Manager’s Recommendation: Amend the existing contract for legal services to increase the contract amount by $20,000 for a total not to exceed amount of $45,000, for legal and Meeting 15-01 Page 6 subject-matter expert support of litigation settlement efforts, coordination with the County, and related legal issues. 6. Lease for Office Space at 4984 El Camino Real, Suite 100, Los Altos (R-15-04) General Manager’s Recommendation: 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 General Manager to enter into an Office Lease with Wellington Park Investors. 7. Contract to Provide Fence Installation Work at the La Honda Creek Open Space Preserve (R-15-10) General Manager’s Recommendation: 1. Authorize the General Manager to enter into an agreement with Southwest Fence and Supply Company of Patterson, CA, for a total contract amount not to exceed $149,905 to provide fence installation work at the La Honda Creek Open Space Preserve. 2. Determine that the recommended action is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Plan for Implementation of the La Honda Creek Master Plan, approved by the Board on August 22, 2012. 3. Authorize the General Manager to move $30,000 from the Land budget to the Capital budget to cover the additional costs for the contract. Motion: Director Cyr moved, and Director Siemens seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 VII. BOARD BUSINESS 8. Election of the Board of Directors Officers for Calendar Year 2015 (R-15-07) President Harris reflected on the past year and shared some of the District’s accomplishments during her term as Board President. District Clerk Jennifer Woodworth reviewed the voting procedures for the election of officers for the Board of Directors for Calendar Year 2015 and called for nominations for Board President. Director Hanko nominated Director Siemens for President and Director Cyr seconded the nomination. No further nominations were presented. Motion: Upon motion by Director Cyr, seconded by Director Hassett, the nominations for Board President were closed. VOTE: 7-0-0 By a vote of 7 to 0, the Board elected Director Siemens as Board President for Calendar Year 2015. Meeting 15-01 Page 7 President Siemens called for nominations for Board Vice President. Director Hanko nominated Director Kishimoto for Vice President and Director Hassett seconded the nomination. No further nominations were presented. Motion: Upon motion by Director Cyr, seconded by Director Hassett, the nominations for Board Vice President were closed. VOTE: 7-0-0 By a vote of 7 to 0, the Board elected Director Kishimoto as Board Vice President for Calendar Year 2015. President Siemens called for nominations for Board Treasurer. Director Hanko nominated Director Riffle for Board Treasurer and Director Harris seconded the nomination. No further nominations were presented. Motion: Director Kishimoto moved, and Director Cyr seconded the motion to close the nominations for Board Treasurer. VOTE: 7-0-0 By a vote of 7 to 0, the Board elected Director Riffle as Board Treasurer for Calendar Year 2015. President Siemens called for nominations for Board Secretary. Director Hassett nominated Director Cyr for Board Secretary and Director Hanko seconded the nomination. No further nominations were presented. Motion: Upon motion by Director Harris, seconded by Director Riffle, the nominations for Board Secretary were closed. VOTE: 7-0-0 By a vote of 7 to 0, the Board elected Director Cyr as Board Secretary for Calendar Year 2015. Public hearing opened at 7:42 p.m. No speakers were present. Public hearing closed at 7:42 p.m. VOTE: 7-0-0 9. Appointment of Action Plan and Budget Committee Members for Calendar Year 2015 (R-15-08) President Siemens reported that he has appointed Directors Siemens, Riffle, and Kishimoto to the Action Plan and Budget Committee for Calendar Year 2015. Public hearing opened at 7:43 p.m. Meeting 15-01 Page 8 No speakers were present. Public hearing closed at 7:43 p.m. Motion: Director Cyr moved, and Director Harris seconded the motion to approve the Board President’s appointments to the Action Plan and Budget Committee for Calendar Year 2015 VOTE: 7-0-0 Director Hanko left at 7:44 p.m. 10. Reclassification of Four District Positions and the Addition of One Classification (R- 15-12) Human Resources Supervisor Candice Basnight provided the staff report summarizing the classification study completed by Koff and Associates and described the need for the reclassifications. Director Riffle inquired as to the impetus for the reclassification studies. Ms. Basnight explained that they are often at the request of the department manager and several were based on incumbents working out of class for some time. Public hearing opened at 7:59 p.m. No speakers were present. Public hearing closed at 7:59 p.m. Motion: Director Cyr moved, and Director Hassett seconded the motion to adopt a resolution approving the following position changes: 1. Reclassification of an Accountant to a Senior Accountant in the Administrative Services Department. 2. Reclassification of an Administrative Assistant to a Risk Management Coordinator in the Legal Department. 3. Reclassification of two Real Property Specialists to Senior Real Property Specialists in the Real Property Department. 4. Reclassification of a Real Property Assistant to Real Property Specialist I in the Real Property Department. 5. Addition of a Real Property Specialist II classification to the District’s Classification and Compensation Plan. VOTE: 6-0-0 (Director Hanko absent.) 11. Priority Conservation Areas in San Mateo and Santa Clara Counties (R-15-02) Senior Planner Tina Hugg described the purpose and intention of Priority Conservation Areas (PCA) as adopted by the Association of Bay Area Governments. PCAs are intended to consist of regionally significant open spaces about which there is broad consensus for long-term protection; Meeting 15-01 Page 9 be areas that contain important agricultural, natural resource, watershed, historic, scenic, cultural, recreational, and/or ecological values and ecosystem functions deserving of conservation funding; and be diverse (including recreation areas, watersheds, farmlands, etc.). Planning Manager Jane Mark described revisions to the PCA program and described the requirements for applying to for the PCA designation. GIS Coordinator Casey Hiatt described the use of scientific information gathered through the Vision Plan process as supporting evidence for the PCA applications. Ms. Hiatt presented a sample of the potential areas for the proposed PCAs. Ms. Mark outlined the next steps in the process including the application process and timeline for approval. Ms. Mark also explained how the designation of land as PCAs will hopefully support future funding opportunities. President Siemens thanked staff for their presentation. 12. Construction and Demolition Waste Diversion Policy (R-15-01) Project Manager Aaron Hébert described the policy as reviewed by the Planning and Natural Resources Committee and the change to the policy requested by the committee. Project Manager Gina Coony described the effect of the policy to allow the District to regulate its own waste stream for its construction and demotion projects. Director Siemens expressed his concern that the policy may further limit the contractors that bid on District projects. Ms. Coony explained that the policy is largely internal and does not add further demands on contractors because the District already requires contractors to recycle recyclable material. Public hearing opened at 8:36 p.m. No speakers were present. Public hearing closed at 8:36 p.m. Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the new Construction and Demolition Waste Diversion Policy, as reviewed and revised by the Planning and Natural Resources Committee. VOTE: 6-0-0 (Director Hanko absent.) VIII. COMMITTEE REPORTS Director Hassett reported that the Real Property Committee met yesterday to visit the Riggs property, which will be going to the Board in Closed Session on January 28, 2015. Meeting 15-01 Page 10 IX. STAFF REPORTS Assistant General Manager Kevin Woodhouse reported that a volunteer with the Los Altos Hill Open Space Committee contacted the District regarding its Sudden Oak Death efforts, and Cindy Roessler was able to provide helpful information. Real Property Manager Mike Williams provided an update on staff’s work with Supervisor Don Horsley’s office regarding farm labor housing. X. DIRECTOR REPORTS The Board submitted their compensatory forms to the District Clerk. Director Hassett reported that the topic of the next general meeting of the South Skyline Association is Global Warming in the Bay Area if any are interested in attending. Director Riffle reported that as a member of the District’s Volunteer Trail Patrol, he was able to spend 71 miles and 361 hours on the District’s trails. Director Riffle will be meeting with Laura Macias to seek opportunities for community engagement in Ward 4. Director Harris reported that Pulgas Ridge has been very busy recently. XII. ADJOURNMENT President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:00 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 4 CLAIMS REPORT MEETING 15-02 DATE 01-28-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 68451 10606 - ASCENT ENVIRONMENTAL INC Consulting Services for Integrated Pest Management Prgm & EIR 01/14/2015 $31,466.90 68493 11369 - BANK OF THE WEST COMMERCIAL CARD USA $431.25 - Supplies & Materials (SFO)01/16/2015 $26,634.27 $384.89 - Supplies & Materials (SFO) $253.39 - Shop Supplies (SFO) $250.00 - Seminar - Water Supply Security (SFO) $30.10 - Pressure Balance Unit (LHC) $105.00 - Dues/Training Fees - Pesticide Regulations/Safety (SFO) $285.62 - Maps and Airfare for CAPIO Conference $631.28 - Materials & Supplies (SFO) $328.00 - Certified Prof in Erosion & Sediment Control Conf $308.85 - Supplies for Hick's Creek Stables Demo $965.67 - Field Supplies & Moto Maintenance $1249.35 - Commuter Check Q1 and SRE Group Photo $421.92 - Website Expenses $50.00 - County Fee for IPM $7192.50 - Water Trucking & Pest Clean Up for Skyline House (SFO) $328.77 - Society of Rangeland Mgmt registration & business lunch $1423.97 - Business Lunch, Linens Cleaned,Docent Snacks $29.00 - Subscription to SurveyMonkey & Office Supplies $460.10 - Office Supply, Cleaners, Event/Meeting Food/Bev $399.00 - Google Earth Pro GIS Software License - AO $1184.23 - IT Computer Purchases $277.79 - Office Supplies & Recognition Activities $1800.71 - Uniform Items, Portable Radio Supplies $62.07 - Office Supplies $1722.32 - Materials & Supplies (SFO) $585.25 - 2 Videocams, book, meeting expense $7.00 - Bridge Toll $1465.27 - NRPA Membership; All staff event catering $1652.48 - CA Trails & Greenways Conf Sponsorship $842.23 - Field Supplies & Water Testing $475.16 - Recruitment & Training Expenses $19.81 - Field Supplies (GP) $400.00 - Registration Fee for Society for Range Mgmt $162.48 - Board Meeting Meals $92.43 - Office Supplies $369.38 Docent Meeting & Enrichment Trainings Supplies/Food/Bev $50.00 - Clerk Certification Fee 68471 11462 - MANAGEMENT PARTNERS Financial and Organizational Sustainability Model study 01/14/2015 $18,752.00 68513 10230 - UNITED RENTALS NORTH AMERICA INC Wacker Compactor (SFO)01/21/2015 $13,321.88 68491 *11152 - WELLINGTON PARK INVESTORS AO3 - first month rent + security deposit 01/14/2015 $11,000.00 68498 11430 - BIOMAAS Mindego water infrastructure - Mindego bio-monitoring 01/21/2015 $9,502.00 68485 10487 - TKO GENERAL ENGINEERING & CONSTRUCTION Pond DR05 Restoration Project 01/14/2015 $9,395.50 page 2 of 4 CLAIMS REPORT MEETING 15-02 DATE 01-28-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 68467 10452 - IFLAND SURVEY Mt.Umunhum Road Survey & Mapping Work (SA)01/14/2015 $9,040.00 68530 11477 - SCA ENVIRONMENTAL INC.On-Call Hazmat abatement oversight at Lobner demolition 01/21/2015 $6,535.00 68521 10662 - DAVID J POWERS & ASSOCIATES INC Ridge Vineyard Exchange Environmental Review Services 01/21/2015 $6,436.01 68468 11091 - JODI MCGRAW CONSULTING Vision Plan document preparation 01/14/2015 $6,405.00 68481 10590 - STALLINGS PAINTING CO Habitability improvement - 21150 Skyline Blvd ( Ranch House)01/14/2015 $6,395.00 68533 *10969 - THE BANK OF NEW YORK MELLON TRUST CO NA Note paying agent fees - 2007 Refunding (1996)01/21/2015 $6,325.00 Note paying agent fees - 2007 Refunding (1996) Note paying agent fees - 2007 Refunding (1999 2nd) Note paying agent fees 2007 Refunding Note paying agent fees - 2007 Series A 68489 *10216 - VALLEY OIL COMPANY Fuel for District Vehicles & Equipment 01/14/2015 $6,225.61 68524 11177 - HARRIS CONSTRUCTION Miscellaneous Repairs - Skyline Ranch House 01/21/2015 $5,612.35 68486 *10786 - U.S. BANK EQUIPMENT FINANCE District Copier Leases 01/14/2015 $4,910.07 68531 10585 - SOL'S MOBILE SERVICE M29/M22/T07/WT02/M15/M16 Service 01/21/2015 $3,808.69 68456 11171 - COMMUNICATION ADVANTAGE Meeting Facilitation Services for Dec Retreat 01/14/2015 $2,824.31 68520 10540 - CRAFTSMEN PRINTING Printing of ECDM Brochures/Business Cards/Fact Sheets 01/21/2015 $2,813.37 68506 11326 - LEXISNEXIS MATTHEW BENDER CA Deerings Code Tax and CA Real Estate Law Books 01/21/2015 $2,186.15 68514 11190 - VALLEY TREE CARE Tree Pruning (PR)01/21/2015 $1,950.00 68500 11318 - CONFLUENCE RESTORATION Bald Mountain Staging Area - landscaping maintenance (SAU)01/21/2015 $1,875.00 68458 10540 - CRAFTSMEN PRINTING Printing of Brochures for Picchetti Ranch 01/14/2015 $1,785.64 68492 *11118 - WEX BANK Fuel for District vehicles 01/14/2015 $1,775.19 68464 10123 - HOME DEPOT CREDIT SERVICES Field Supplies (SFO/FFO)01/14/2015 $1,769.68 68507 10058 - LIEBERT CASSIDY WHITMORE Employee Relations Legal Consulting - HR Dept 01/21/2015 $1,722.50 68509 10073 - NORMAL DATA Permits Database Work 01/21/2015 $1,703.75 68465 10043 - HOWARD ROME MARTIN & RIDLEY LLP MROSD vs. Arcadis ECDM Legal Fees - ECM 01/14/2015 $1,664.40 68512 10107 - SUNNYVALE FORD Vehicle Maintenance & Repairs - P95 01/21/2015 $1,547.28 68523 11195 - GOODYEAR AUTO SERVICE CENTER Tires & Installation of Tires - P99/M72 01/21/2015 $1,526.42 68447 11459 - A.C. & H. CIVIL ENGINEERS INC Deposit for Structural Analysis of 16075 Overlook Drive 01/14/2015 $1,500.00 68499 11419 - CHARLES H. ADAMS MUNICIPAL DISCLOSURE Remediation Services 01/21/2015 $1,500.00 68504 11327 - JOINT VENTURE SILICON VALLEY Sponsorship of 2015 State of the Valley Conference 01/21/2015 $1,500.00 68503 10642 - HMS INC Lead/asbestos testing Skyline Ranch House (SFO)01/21/2015 $1,420.00 68497 11349 - BAY NATURE INSTITUTE Magazine Ad 01/21/2015 $1,125.00 68461 10187 - GARDENLAND POWER EQUIPMENT Helmet System/Chainsaw Parts (SFO)01/14/2015 $1,096.54 68522 10187 - GARDENLAND POWER EQUIPMENT Helmet Replacement/Chainsaw Parts & Oil (SFO)01/21/2015 $1,048.57 68488 11470 - URS CORPORATION Bat Surveys at McDonald Ranch House 01/14/2015 $1,004.77 68527 *11063 - O'BRIEN, PAT Executive Services for December 2014 01/21/2015 $975.00 68483 10468 - TANNERHECHT ARCHITECTURE, INC.Structural Consultant Services for HVAC at SFO 01/14/2015 $925.50 68472 10190 - METROMOBILE COMMUNICATIONS Installation of Radio in New Patrol Truck 01/14/2015 $873.98 68462 11475 - HEBERT, AARON,FY14-15 Tuition Reimbursement 01/14/2015 $800.00 68460 *10032 - DEL REY BUILDING MAINTENANCE Janitorial Services for new tenant rental (SFO)01/14/2015 $735.00 Carpet Cleaning (AO/AO2) 68510 10140 - PINE CONE LUMBER CO INC Lumber (FOOSP)01/21/2015 $702.55 68519 10352 - CMK AUTOMOTIVE INC Vechicle Maintenance & Repair - M201/P98 01/21/2015 $673.55 page 3 of 4 CLAIMS REPORT MEETING 15-02 DATE 01-28-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 68482 10152 - TADCO SUPPLY Janitorial Supplies (RSA/CP)01/14/2015 $655.48 68450 11457 - ANDREINI BROTHERS INC Water Delivery at Sears Ranch House 01/14/2015 $599.59 68529 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)01/21/2015 $545.23 68477 10589 - RECOLOGY SOUTH BAY Garbage Service (RSA)01/14/2015 $393.93 68518 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)01/21/2015 $390.05 68469 11099 - LAW ENFORCEMENT PSYCHOLOGICAL SERVICES INC Ranger Assessment Testing - HR Dept 01/14/2015 $375.00 68484 10307 - THE SIGN SHOP Reflective Address Signs for Rental Residences 01/14/2015 $369.48 Autogate Signs (PCR) New address Sign for former Rogers Property 68454 10352 - CMK AUTOMOTIVE INC Vehicle Maintenance & Repairs - P52/P74/M24 01/14/2015 $356.12 68526 10369 - MANNING, MEREDITH Quarterly Cell Phone/Mileage Reimbursement Oct-Dec 2014 01/21/2015 $321.51 Field Gear - Rain Boots 68463 10642 - HMS INC Building Renovation Tests 01/14/2015 $300.00 68448 10528 - ALL STAR GLASS Glass Replacement - P84 01/14/2015 $269.04 68470 11326 - LEXISNEXIS MATTHEW BENDER Auto Updates-CA Penal & Veh HBK 15ED w/E Books 01/14/2015 $223.64 68532 10302 - STEVENS CREEK QUARRY INC Base Rock (GP)01/21/2015 214.79 68452 10183 - BARRON PARK SUPPLY CO INC Plumbing Part (RSA/CP)01/14/2015 $210.98 68487 10403 - UNITED SITE SERVICES INC Port-a-Potty for Mindego Area SFGS Research Work - RR 01/14/2015 $206.83 68478 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Annual Report & Inspection Fee (RR)01/14/2015 $200.00 ECdM Parking Lot Inspection Fee (ECdM) 68457 10184 - CONTINUING EDUCATION OF THE BAR Legal Books - CA Construction Contracts/Defects 01/14/2015 $190.58 68495 10533 - ANDERSEN, JULIE Cell Phone reimbursement Apr-Dec 2014 01/21/2015 $180.00 68505 10490 - KOOPMANN, CLAYTON Cell Phone reimbursement - Apr-Dec 2014 01/21/2015 $180.00 68525 11326 - LEXISNEXIS MATTHEW BENDER Legal Subscription Online Service Dec 2014 01/21/2015 $178.00 68496 10828 - BAY CITIES AUTOMATIC GATES Windy Hill Gate Repair (WH)01/21/2015 $165.00 68515 11165 - WOODHAMS ELECTRICAL Electrical repairs at 20300 Skyline Blvd 01/21/2015 $159.00 68475 10080 - PALO ALTO MEDICAL FOUNDATION Employee D.O.T. Testing - H.R. Dept.01/14/2015 $153.00 68502 10168 - G & K SERVICES INC Shop Towel Service (FFO/SFO)01/21/2015 $137.84 68490 *10309 - VERIZON WIRELESS Cell Phone Dec 2014 01/14/2015 $125.14 68449 *10380 - ALLIED WASTE SERVICES #925 Garbage Services - Rental Residence 01/14/2015 $120.72 68474 10670 - O'REILLY AUTO PARTS Battery for District Vehicle - P97 01/14/2015 $116.41 68455 *10385 - COASTAL SIERRA INC Internet Services (SFO)01/14/2015 $109.00 68473 10191 - MOUNTAIN VIEW GARDEN CENTER Concrete for Exterior Storage Shed 01/14/2015 $100.59 68511 11142 - SANTA CLARA COUNTY SPECIAL DISTRICTS ASSOCIATION Annual Membership Dues 01/21/2015 $100.00 68453 11476 - CAREERTRACK Seminar HR training 01/14/2015 $99.00 68516 11176 - ZORO TOOLS Tool Parts SFO Water Gauge - MB 01/21/2015 $97.46 68508 10805 - NCCCA Registration for Clerk Training 01/21/2015 $80.00 68480 11471 - SCANLON, MARIA ELENA Translation into Spanish: Walk with a Doc Flyer 01/14/2015 $75.00 68494 *10294 - AMERIGAS-SAN JOSE Propane - Rental 01/21/2015 $72.86 68466 10421 - ID PLUS INC Employee Name Tags 01/14/2015 $67.50 68476 10261 - PROTECTION ONE Alarm Monitoring (AO)01/14/2015 $66.85 68501 10174 - FORESTRY SUPPLIERS INC Gloves and Litter Picker (SFO)01/21/2015 $45.42 68459 11210 - DATA SAFE Document Shredding Service (AO)01/14/2015 $40.00 page 4 of 4 CLAIMS REPORT MEETING 15-02 DATE 01-28-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 68479 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Fingerprinting of New Employees - H.R. Dept 01/14/2015 $40.00 68446 *10811 - A T & T Daniel Nature Center - Phone 01/14/2015 $32.47 68528 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)01/21/2015 $26.25 Grand Total $231,179.19 *Annual Claims **Hawthorn Expenses BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office FO = Fremont Older PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill R-15-15 Meeting 15-03 January 28, 2015 AGENDA ITEM 3 AGENDA ITEM Appointment of Board of Directors Standing Committee Members for Calendar Year 2015 BOARD PRESIDENT’S RECOMMENDATION Approve the President’s appointments to the Board Standing Committees, as well as approve the appointments of Board representatives to other bodies, and determine the compensation status for attendance at Board Committee meetings. SUMMARY Every year, the newly elected Board President appoints members to each of the Board’s Committees and to represent the District on outside bodies with consent of the full Board. DISCUSSION The Board Policy on Committees (1.04) states that the Board President appoints Board members to annual Standing Committees and to represent the District on outside bodies, with the consent of the Board. The five (5) Board Standing Committees are: 1. Action Plan and Budget Committee (ABC) 2. Legislative, Funding and Public Affairs Committee (LFPAC) 3. Planning and Natural Resources (PNR) 4. Real Property Committee 5. Board Appointee Evaluation (BAE) Following the Board Policy on Committees, Director Riffle (Board Treasurer) will be assigned as one of the three members of ABC. At the January 8, 2015 Board meeting, the Board President appointed Directors Pete Siemens, Curt Riffle and Yoriko Kishimoto to ABC. Board Policy 6.03 (Compensation of Directors & Payment of Expenses) of the Board Policy Manual states that all Standing Committees are compensable and compensability for attendance of Ad Hoc Committee meetings is determined on an as-needed basis by the Board. It is recommended that Board members be compensated for attendance at all Board Committee meetings. It is further recommended that Board member attendance at meetings of the two outside bodies, the Bay Ridge Trail Council and California Joint Powers Insurance Authority (CalJPIA), remain non-compensable. In accordance with California Public Resources Code Section 5536 and Board Policy 6.03, each District Board member may receive compensation in an amount not to exceed one hundred dollars R-15-15 Page 2 ($100) per day for each attendance at a Board meeting and no Board member may receive more than five hundred dollars ($500) compensation in any one calendar month. Accordingly, with seven Board members, the maximum the entire Board could receive pursuant to state law is $42,000 per year. The District’s current budget for Board meeting compensation is $26,000 for fiscal year 2015- 16. If it is determined that additional funds are required, a budget adjustment will be requested during the FY2015-16 midyear budget review. The proposed committee assignments for 2015 are as follows: Action Plan and Budget: • Pete Siemens • Curt Riffle • Yoriko Kishimoto Planning and Natural Resources: • Jed Cyr • Larry Hassett • Curt Riffle Legislative, Funding and Public Affairs: • Jed Cyr • Nonette Hanko • Cecily Harris Real Property: • Jed Cyr • Nonette Hanko • Larry Hassett Board Appointee Evaluation: • Cecily Harris • Pete Siemens • Yoriko Kishimoto FISCAL IMPACT There will be no new or incremental fiscal impact associated with this action. Board compensation for committee work is included in the annual budget PUBLIC NOTICE Public Notice was provided pursuant to the requirements of the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. R-15-15 Page 3 NEXT STEPS If approved, staff will prepare a new roster of Board Committee assignments for posting internally and on the District website. Responsible Department Manager: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Contact person: Pete Siemens, Board President R-15-16 Meeting 15-03 January 28, 2015 AGENDA ITEM 4 AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2015 BOARD PRESIDENT’S RECOMMENDATION Approve appointment of Directors Pete Siemens, Curt Riffle, Jed Cyr, and Larry Hassett to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority (“Authority”) for Calendar Year 2015. DISCUSSION The Governing Board of the Authority consists of five members. In accordance with the Joint Powers Agreement and its bylaws, the District’s Board President shall automatically be the Chairperson of the Authority. Three of the other four members are appointed by the Board President, to be selected from among the District’s Board of Directors. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Midpeninsula Regional Open Space District, and who is appointed to the Boardof the Financing Authority by the Chairman of the Board of Supervisors. Supervisor Joseph Simitian was appointed to the Authority Board by the Santa Clara County Board of Supervisors on January 14, 2014, and will remain as the fifth member through the remainder of his term which expires at the end of 2016. BOARD COMMITTEE REVIEW Board Committee Review of this item is not required. FISCAL IMPACT There are no unbudgeted fiscal impacts associated with the recommended action. PUBLIC NOTICE Public notice 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). R-15-16 Page 2 NEXT STEPS Once the Board has approved the appointments, the District staff will prepare a new roster of Financing Authority Board Members for internal posting. Responsible Department Manager: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Contact person: Pete Siemens, Board President R-15-17 Meeting 15-03 January 28, 2015 AGENDA ITEM 5 AGENDA ITEM Renewal of Investment Authority and Adoption of Annual Statement of Investment Policy GENERAL MANAGER’S RECOMMENDATION Adopt a resolution to renew the District Controller’s investment authority until January 7, 2016 and approve the District’s Revised Statement of Investment Policy. SUMMARY Approval of the attached resolution will renew the District Controller’s authority to invest District funds in accordance with the District’s Investment Policy. DISCUSSION The District Controller’s authority to invest temporarily idle funds expires on January 8, 2015, according to the provisions of Resolution 14-01 (R-14-03). The attached Resolution renews the Controller’s authority to invest District funds in accordance with the District’s Investment Policy. When short-term interest rates rise, as they did in 2006 and 2007, the District is able to earn an enhanced return on temporarily idle funds by investing directly as permitted by the California Government Code. The attached policy permits the Controller to invest surplus District funds directly in such specific investments. The only recommended change to the Statement of Investment Policy is to update Guideline number two (2) in accordance with the new Fund Balance Policy, adopted by the Board on November 25, 2014. At that Board meeting, the minimum balance of the general fund was established at $10 million. Accordingly, the Controller and General Manager recommend changing the Statement of Investment Policy to require that a contingency reserve of at least $10 million be maintained, at all times, with the Santa Clara County Pooled Investment Fund. BOARD COMMITTEE REVIEW This item was not reviewed by any Committee. FISCAL IMPACT R-15-17 Page 2 Approval of this policy will not result in an increase to the Budget. However, implementation of this policy is crucial for the fiscal health of the District. PUBLIC NOTICE Public notice was provided pursuant to the Brown Act. No additional notice is required. CEQA COMPLIANCE The recommended action is not a project for purposes of the California Environmental Quality Act. NEXT STEPS None Attachments 1. Resolution Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by the California Government Code 2. Statement of Investment Policy Prepared by: Mike Foster, Controller Attachment 1 Resolutions/2015/15-_Renew Investment Authority 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE CONTROLLER TO INVEST SURPLUS FUNDS ALLOWED BY THE CALIFORNIA GOVERNMENT CODE WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in order to help meet Capital Program objectives, including land acquisition; and WHEREAS, Chapter 4, Division 2 of Title 5 of the Government Code authorizes the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher than achievable through the Santa Clara County Pooled Fund, or the California Pooled Investment Authority; and WHEREAS, the District can often improve its yield on surplus funds without sacrificing financial safety and flexibility. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the Investment Policy attached hereto as Exhibit “A” and by reference made a part hereof. SECTION TWO. This authorization is retroactive to January 8, 2015. SECTION THREE. Before any particular investments, the Controller shall consult with the General Manager, or a District employee authorized to act in his behalf, to determine anticipated cash flow needs of the District. SECTION FOUR. This resolution supersedes the prior Resolution No. 14-01 adopted January 22, 2014. This resolution shall no longer be in effect as of January 7, 2016, unless extended, and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund, with the California Pooled Investment Authority, or invested through the District’s commercial bank. * * * * * * * * * * 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: Attachment 1 Resolutions/2015/15-_Renew Investment Authority 2 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 2 STATEMENT OF INVESTMENT POLICY GOALS Goal 1. Capital Preservation The primary goal shall be to safeguard the principal of invested funds. The secondary objective shall be to meet the liquidity needs of the District. The third objective shall be to achieve a return on funds consistent with this Policy. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. Goal 2. Liquidity Temporarily idle funds shall be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments shall be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly (within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the California Government Code. GUIDELINES 1. Determination of Idle Funds The Controller shall prepare a cash flow projection prior to all investment decisions involving securities with a term to maturity exceeding 180 days. This cash flow projection shall be reviewed and evaluated by the General Manager. The General Manager is responsible for approving the Controller’s designation of the amount of funds available for investment for longer than 180 days. 2. Contingency Reserve A contingency reserve of at least $10,000,000 shall be maintained, at all times, with the Santa Clara County Pooled Investment Fund. 3. Non-Invested Funds Idle District funds not otherwise invested as permitted by this Policy, or maintained with trustee paying agents and pledged to the payment of District indebtedness, shall be deposited with the Santa Clara County Pooled Investment Fund, the San Mateo County Treasurer’s Pooled Investment Fund or the State of California’s Local Agency Investment Fund. 4. Selection of Investments The Controller is responsible for selecting investments that fit within the amounts and maturities recommended by the Controller and by the General Manager. The Controller is also responsible for directing security transactions. 5. Investments Instruments and Deposit of Funds Investments and deposits of funds shall be limited to those allowed by and subject to the procedures of Government Code Section 53600 et seq. and 53635 et seq. In the event of any Attachment 2 conflict between the terms of this Policy, and the Government Code, the provisions of the Government Code shall prevail. Investments shall not be leveraged. Investments, and “derivatives,” that offer opportunities for significant capital gains and losses are excluded. All investments, other than investment of bond proceeds and funds held by trustees and pledged to the repayment of bonds or other District indebtedness, shall mature within 180 days, except for [1] U.S. Treasury and U.S. Government Agency bills and notes and [2] Corporate notes carrying a minimum rating of AA from a nationally recognized rating service, which shall mature within two years. Funds held by such trustees and other bond proceeds may be invested in accordance with the indenture or agreement providing for the issuance of such debt. 6. Diversification Investments s shall meet the diversification test of Government Code Section 53601.7(c), stating that no more than 5% of the total investment portfolio may be invested in the securities of any one issuer, except for the obligations of the U.S. Treasury or U.S. Government Agencies. Investments maturing in 181 days or longer shall represent no more than 20% of the total market value of the investment portfolio. 7. Marketability For investments other than deposits and investment of funds held by trustees as set out in Section 5, the breadth of ownership and number of securities outstanding shall be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. 8. Acceptable Banks Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from the District’s commercial bank or banks and savings and loan associations with over $1,000,000,000 of deposits and reporting profitable operations and which meet all applicable criteria of the Government Code. Certificates of Deposit may be purchased from other banks within Santa Clara and San Mateo Counties which meet all applicable criteria of the Government Code if the principal is fully insured by the Federal Deposit Insurance Corporation. 9. Acceptable Collateral Securities collateralizing bank or savings and loan deposits must be rated “A” or higher. 10. Investments in Name of District All investments purchased shall stand in the name of the District. 11. Reporting The Controller shall report all security transactions to the board no later than the next Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall submit a report of the District’s investments and security transactions to the Board of Directors by the fourth Wednesday of each month in accordance with Government Code Section 53607. The Controller will render a quarterly investment report to the Board of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the General Manager and to the District’s auditor. 12. Purchase of Securities The Controller is authorized to purchase securities through the investment department of the District’s commercial bank and as otherwise permitted by the Government Code. The bank or Attachment 2 other investment institution from which authorized securities are purchased shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District’s commercial bank account. The bank shall also be instructed to send receipts for transactions to the General Manager. R-15-21 Meeting 15-03 January 28, 2015 AGENDA ITEM 6 AGENDA ITEM 2014 Ombudsperson Annual Report and Extension of the Ombudsperson’s Appointment through December 31, 2015 GENERAL MANAGER’S RECOMMENDATIONS 1. Receive an annual report from Rosemary Field, the District’s Ombudsperson. 2. Approve an extension to the appointment of Rosemary Field as the District’s ombudsperson through December 31, 2015. SUMMARY Local Agency Formation Commission’s (LAFCo) conditions of the District’s expansion to the San Mateo Coast in 2004 included appointment of a District ombudsperson to listen to resident concerns; opens avenues of communication between residents and neighbors and the District; gather information and educates residents on District policies or procedures and their purpose or effect; facilitate conflict resolution; find other resources to meet resident needs, if applicable; and provide a written summary of citizen concerns as requested by the Board of Directors. The Board of Directors appointed Rosemary Field as its volunteer Ombudsperson in October 2013. Ms. Field provided excellent service and response during the year and she would like to continue in this role for another year. Each year, the Ombudsperson provides an annual report for the Board of Directors. The attached report is for the time period of November 2013 through December 2014. DISCUSSION At the October 9, 2013 Board Meeting, the Board appointed Rosemary Field as the District’s volunteer Ombudsperson. When the Ombudsperson program was adopted, the Board established a one-year term of appointment and in the past has extended that appointment on a yearly basis. Ms. Field has continued to provide very responsive and effective service to the District and would like to continue in this role for 2015. Consequently, staff recommends a renewal of Ms. Field’s appointment until December 31, 2015. The ombudsperson workload has been fairly light with all requests in 2014 received through the District Ombudsperson email. Most of those requests were inquiries that were quickly answered by appropriate District staff as outlined in Ms. Field’s annual report, which is attached. R-15-21 Page 2 BOARD COMMITTEE REVIEW This item was not reviewed by any Committee. FISCAL IMPACT This is a volunteer agreement and will not result in any impact to the budget. PUBLIC NOTICE Public Notice was provided by the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the Board approves the General Manager’s recommendations, Rosemary Field will serve as the District Ombudsperson through December 31, 2015. Attachments 1. Ombudsperson 2014 Annual Report Prepared by: Shelly Lewis, Public Affairs Manager Attachment 1 To: Midpeninsula Regional Park District Board of Directors CC: Steve Abbors, Shelly Lewis From: Rosemary Field, Ombudsperson Date: December 31, 2014 Re: 2014 Annual Report I was appointed by the Board in October 2013 as the Midpeninsula Regional Open Space District Ombudsperson to serve a one-year term. This report reflects the time period of November 2013- December 2014. I received 15 email requests and 5 of those warranted minimal ombudsperson assistance. All of the requests were received through the email link on the District’s website. Of the 15 emails, most were of a general information nature. I did not notice any particular theme but did become aware of some confusion on the part of the public in what questions to ask an ombudsperson and when to involve the ombudsperson. Edits were made to the website to give the public better direction. I am willing to serve as volunteer ombudsperson for another year. If the Board approves an extension of our agreement, I suggest a meeting with the Legislative, Funding and Public Affairs subcommittee to ensure that the position of ombudsperson continues to meet the needs of users and staff. Summary of Inquires received from November 2013 through December 2014 Name Concern Action Status Kary Cochrane Diseased Monterey Pine at Fremont Older next to her property. Asking District to remove. This happened in 2007 and she removed the trees and was reimbursed by District but then had to pay taxes on the reimbursement. She’d like to avoid this by having District remove tree. Coordinated with Michael Newburn and Allen Ishibashi who left numerous messages to reach inquirer. Property sold to new owner who met with staff and was not concerned about tree. Resolved Sally Rayn Lives in District residence, wanted approval for her guests to use path that is closed to public to walk from parking lot to her home to attend an event; Superintendent Brian Malone did not grant special permission for this private event; tenant disagreed and wanted approval in the future. Referred to Operations Manager who agreed with Mr. Malone’s decision. Resolved Eric Oliver Received telephone call from Strategy Research Institute (SRI) doing exit poll on June Measure AA election. Was disturbed that Referred to Public Affairs; President of SRI called Mr. Oliver and explained that research entities are not under same guidelines as Resolved Attachment 1 he received a call when he is on a Do Not Call List. sales organizations. SRI did put Mr. Oliver on their own do not call list and will not call him in the future for any polling they do for any organization. Kerry Mitchell Used to walk her dog on San Antonio County Park to get to Cristo Rey Drive; recently was confronted by a District ranger; believes that MROSD has changed rules to include no dogs allowed; hardship for residents who use that path to get to the road. Referred to Operations Manager who advised that MROSD did not change rule and that dogs were never permitted and it would require a board- approved policy to change rule; Status: Ms. Mitchell stated she did not want to change rules but was still not happy. She was also concerned about equestrians who ride the streets and horses leaving behind waste. No further dialogue occurred. Oscar Braun Mr. Braun was asked by MROSD tenant Dan Paul to talk to MROSD staff about possible eviction due to late rent payments. Mr. Braun had discussions on behalf of tenant with General Manager and then asked to speak to Ombudsperson. Ombudsperson talked on phone with Mr. Braun. The Ombudsperson met with General Manager to share Mr. Braun’s concern. General Manager is taking further action with no additional assistance required from Ombudsperson Pending Resolution Additional emails not requiring ombudsperson assistance but forwarded to appropriate staff for follow-up: 6) Saw General Manager’s presentation at Midcoast Community Council and wanted to send him an email; asking for email address; Public Affairs send email address 7) Looking for opportunities for Daisy Troop to do volunteer work; connected with Public Affairs Staff; 8, 9, 10) Three comments disagreeing with San Carlos Land Swap; responded not District Property; 11) Request to be added to mail list for information about La Honda; Public Affairs added to list; 12) Request for information on how to receive presentations from District for service club; Public Affairs replies; 13) Botanist wanted to do survey work near La Honda and wanted name of District botanist; referred to AGM; 14) Person interested in volunteer positions; referred to Public Affairs Respectfully submitted, Rosemary Field Ombudsperson Midpeninsula Regional Open Space District R-15-09 Meeting 15-02 January 28, 2015 AGENDA ITEM 7 AGENDA ITEM Contract Award for the Mount Umunhum Radar Tower Interim Repair Project located at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with Ashron Construction and Restoration, Inc. (Ashron), of Milpitas, CA, for a contract amount of $222,980. In addition, authorize a 10% contingency of $22,298 to cover any unforeseen conditions, for a not-to-exceed contract total of $245,278, to complete the Mount Umunhum Radar Tower Interim Repair Project located at Sierra Azul Open Space Preserve. SUMMARY The purpose of the Mount Umunhum Radar Tower Interim Repair Project (Project) is to complete structural and safety repairs and improvements to facilitate public access around the exterior base of the structure. The Project consists of code-required repairs to bring the structure up to “collapse prevention” as well as the implementation of code and safety requirements to close and seal off all access to the interior of the structure. The structure shall not be accessible to anyone at any time, except in the event of an emergency response requirement to access the structure. Funds to cover this repair contract through March 31, 2015 are available as part of the Fiscal Year (FY) 2014-15 Budget. Additional funds to complete the work will be included as part of the FY2015-16 Budget. DISCUSSION Background In 1986, the Midpeninsula Regional Open Space District (District) acquired the former Almaden Air Force Station located at the summit of Mount Umunhum as an addition to Sierra Azul Open Space Preserve (R-86-20). The Mount Umunhum Environmental Restoration and Public Access Project (Public Access Project), which was approved by the Board in 2012, included an evaluation for the long-term use and management of the Radar Tower (R-12-59, R-12-91). Following a robust public outreach process, the Board approved implementation of Interim Action A: Near-term repairs and securing of the structure while considering external partnerships (R-12-104). In May 2013, the Board awarded a contract to Grossmann Design Group to prepare the contract documents for the Project (R-13-52). The Project was originally bid in summer 2014, and the bids received were substantially higher than the engineer’s estimate; as a result, the Board approved the rejection of all bids on September 24, 2014 (R-14-115). The Project was re- bid in fall 2015 and staff returned to the Board on December 17, 2014 for approval of a “not-to exceed” contract award for completion of the interim repairs (R-14-159). Since the re-bid R-15-09 Page 2 amount still substantially exceeded the Project budget, the Board tabled the approval of award of contract, and requested that staff evaluate the potential to reduce scope and cost by completely sealing off the structure and allowing no access, and return to the Board in January, 2015 with the revised scope and cost. Evaluation of Scope and Cost Reduction Opportunities Staff evaluated opportunities for modifying the Project scope while still meeting the project goals to implement the interim structural and safety repairs required for safe public access around the exterior of the structure. The structural repairs required to satisfy the “collapse prevention” upgrades include: • Spall repair at exposed rebar – 1st floor, east elevation; 2nd floor door sill west elevation • Crack Epoxy Injection – 1st floor, east elevation • Cementitious Crack Injection – 1st floor, east elevation • Door/Window Infill with Concrete – 1st floor, east elevation • Rebar Replacement – 1st floor, east elevation The original Project scope never anticipated public access, but would have allowed for maintenance personnel and escorted visitor access once the safety and structural upgrades were completed. In response to the Board’s request to evaluate scope reductions, staff contacted the County of Santa Clara Building Inspection Office (County) to ascertain whether the structure could be completely sealed off with no access. The County confirmed that if a building is completely sealed off with no access allowed, the code requirements for interior and roof access could be eliminated. For the interim repair project, this would allow the elimination of the following scope: • Interior stair railing upgrades to meet maintenance access requirement • Replacement of Ships ladder to meet code requirement for roof access for maintenance • Replacement of roof access hatch to meet code requirement for roof access for maintenance • Installation of new roof guardrail to meet code requirement for roof access for maintenance • Sealing of interior shaft openings • Sealing of interior floor openings Absolutely no access can be allowed in the sealed and closed radar building. Access to the structure may only occur in the case of an emergency, should someone break into the structure or should there be a suspicion that a missing person might have entered the structure. In the event of an emergency response, the interior will be completely obscure (e.g. no lighting), and the number of openings in the floor could pose a substantial hazard to emergency responders. Therefore, the General Manager recommends that the sealing of interior floor openings be included in the Project scope. An additional safety consideration is the deteriorated condition of the existing roof guardrail. While access to the roof will not be allowed once this Project is complete, there still is the potential that emergency responders may have to access the roof, and may assume that the railing can be relied upon to prevent falls, which the railing cannot provide. In addition, there is the potential that visitors to the site (or trespassers after hours) may attempt to use the guardrail as an anchor for climbing up the sides of the structure. Therefore, the General Manager also recommends the full removal of the existing deteriorated railing. To preclude the potential R-15-09 Page 3 that a guardrail be used for climbing the building, the recommendation is that no new guardrail be installed as a part of the interim repair project. The emergency response protocols for this structure will warn that there is no guardrail protection on the roof. District Operations staff confirms that there should be no requirement for maintenance of the structure over the next five years. The repair Project will seal all openings to mitigate rodent and water intrusion, and the existing roof drains will be cleaned out to ensure they are operational over the next five years. Once the structure is sealed up, there is a very low risk of water intrusion or other potential for deterioration over the five year interim repair period. The original base bid from Ashron was $469,733. Staff has worked with Ashron to implement alternates and to incorporate the reduced scope for the Project. The revised construction cost for the repairs is $222,980, and includes the following scope of work: • All the required structural repairs as described above • Sealing of all exterior wall openings with galvanized sheet metal in galvanized metal frames. • Sealing all interior floor openings with wood • Cleaning of roof drains • Sealing openings on the roof • Removal of the roof guardrail The net savings by exercising alternates and eliminating all access (except for emergency access) is $246,753. In addition, this reduction in scope will result in an approximate $8,000 of additional savings for the remediation work that is part of a separate contract (R-14-158). FISCAL IMPACT The District’s FY2014-15 Action Plan and Budget includes $390,000, for completion of the Mount Umunhum Radar Tower Interim Repair Project. The total Project budget was set by the Board (R-12-104) at $414,885. The first round of bidding resulted in a bid of $763,425, which was $416,450 over the Board-approved total Project budget. As a result of the modifications made in the revised bid package, where scope was reduced and separate bid packages released for the remediation and cleanup work, the construction cost was reduced by $245,442. Further scope modifications to preclude any and all access reduced the the total repair cost to $222,980, resulting in a total Project cost of $383,348 ($31,447 below the original Project budget) Refer to Table 1. The FY2014-15 contains sufficient funds to begin the repairs and the next fiscal year budget will include approximately $115,000 to complete the Project. Table 1. Cost Comparison Original Budget 1st Round of Bids 2nd Round of Bids Revised Scope No Access Professional Consultants $114,885 $67,910 $82,910 $82,910 Inspections $15,000 Construction - Total Scope $300,000 $763,425 Interim Repairs $469,733 $222,980 Construction Contingency on Interim Repairs 22,298 Remediation $40,000 $32,000 R-15-09 Page 4 Cleanup $8,250 $8,250 TOTAL PROJECT COST $414,885 $831,335 $600,893 $383,438 Cost above/below original budget $416,450 $186,008 -$31,447 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. As noted above, the full Board approved the completion of the interim repairs for the radar tower in 2012. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. Additional notification was sent to the Mount Umunhum Interested Parties list. No additional notice is required. CEQA COMPLIANCE On June 12, 2012 (R-12-59), the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and Public Access Project, which included an environmental analysis of the radar tower interim repairs. NEXT STEPS Upon approval by the Board of Directors, the General Manager will enter into contract with Ashron Construction and Restoration for $222,980. The General Manager will be able to approve change orders to the contract, up to 10% of the contract amount ($22,298). Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Gina Coony, Open Space Planner III R-15-18 Meeting 15-03 January 28, 2015 AGENDA ITEM 8 AGENDA ITEM Contract Award for Design and Engineering Services for the Mount Umunhum Summit Project GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a contract with Restoration Design Group (RDG) for an amount of $325,735 to design and engineer ecological restoration and visitor amenities on the summit of Mount Umunhum at Sierra Azul Open Space Preserve. In addition, authorize a 15% contingency of $48,860 to cover unforeseen requirements, for a not-to-exceed total contract amount of $374,595. SUMMARY The Mount Umunhum Summit Restoration and Visitor Amenities Project (Summit Project), approved in 2012 (R-12-104), will create a world-class visitor destination and restore the summit’s unique natural habitat. The design phase for the Summit Project will begin this winter, with restoration and construction of a parking lot, summit court, accessible trails, restrooms, and interpretive signage tentatively scheduled for summer 2016. The Landscape Architecture firm Restoration Design Group has created a team of experts with unparalleled knowledge of Mount Umunhum, superior experience and qualifications, and an inspired project approach that will ensure the successful design and engineering of this highly anticipated project. The Fiscal Year (FY) 2014-15 Budget includes sufficient funds for work completed through March 31, 2014. Additional funds will be budgeted next fiscal year to continue the contract work. BACKGROUND In October 2012, the Board approved the Mount Umunhum Environmental Restoration and Public Access Project (R-12-104). The Project includes cleanup and demolition of the former Almaden Air Force Station (complete), construction of the Bald Mountain Parking Area (complete), the Mount Umunhum Trail (50% complete), and ecological restoration and development of visitor amenities at the summit. In October 2014, Measure AA Project 23-4, the Summit Project, was approved as part of the initial 5-year Measure AA Implementation Plan, and added to the proposed FY15-16 Action Plan. Expediting public access to the summit is a key goal of the initial phase of Measure AA Implementation. DISCUSSION The Summit Project will restore natural drainage patterns and native vegetation at the former Almaden Air Force Station property on the peak of Mount Umunhum, construct visitor R-15-18 Page 2 amenities, including restrooms, a parking area, accessible trails, picnic tables, and shade structures (see Attachment A, Conceptual Design), and interpret the site’s natural and cultural history using signage and other self-guided materials. The Summit Project also includes site safety and security improvements, including a paved helicopter emergency landing zone, dedicated 911 call box, water storage tanks, and, potentially, potable water. Total Summit Project costs are estimated at $3.2M. The Summit Project conceptual design was developed and approved through a thorough planning process involving substantial Board, staff, and public input (see Reports 10-152, 12-59). Restoration Design Group provided exemplary service to the District throughout this process. Their design approach is based on the same principles of ecological protection and restoration that are central to the District’s mission. For these reasons, and to expedite this high-priority public access project, staff previously considered the option of a sole-source contract. However, to ensure a fair and transparent selection process, a request for qualifications and proposal (RFQP) was forwarded to two additional landscape architecture firms with successful prior District project experience, consistent with Board Policy 3.03, Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy. One architecture firm declined to submit a proposal and two proposals were received and evaluated as follows: Firm Location Proposal Amount Restoration Design Group (RDG) Berkeley $325,735 John Northmore Roberts and Associates (JNRA) Berkeley $209,140 In this RFQP selection process, Restoration Design Group was identified as the stronger team based on their qualifications, demonstrated deep knowledge of the Project, their prior experience with creating world-class public spaces from disturbed landscapes, their project approach, and their team structure, which inspire truly exciting and captivating ideas for the future of Mount Umunhum. As required by public contracting code, fee proposals are submitted separately, and are considered only after the initial evaluation of the firm’s qualifications. In response to the fee difference between the two submittals, staff analyzed the detailed cost estimates and determined that the greater fee proposed by RDG is reasonable and due to the following factors: Full-Service Design Team. The RDG proposal includes geotechnical engineering, engineering geology, soil remediation, and ecological restoration sub-consultants, as well as potable water system design, for a total of $116,560. This consultant expertise is required for the Project. RDG contracting and management of the entire design team will result in significant time and costs savings to the District, thereby expediting the project management and implementation (as compared to requiring the District to enter into separate contracts with the required technical experts). Having RDG serve as the prime consultant responsible for managing all the technical experts will expedite the design process to meet the aggressive schedule. Greater Principal Involvement. RDG Principal Bob Birkeland will contribute 70% more time to the Summit Project as compared to the JNRA Principal, and provide this service at a much lower rate ($130/ hour versus $225/hour). The approach proposed by RDG also assigns the Principal to conduct the majority of the design work and project management tasks. The high-caliber oversight and design contribution of the RDG Principal is R-15-18 Page 3 warranted given the importance of the Summit Project, and given the low billing rate, is at an excellent value. Restoration Scope of Work. RDG’s scope focuses on ecological restoration of natural drainage patterns and native plants, in addition to public access facilities, while JNRA does not include this expertise and cost in their project approach or fee proposal. Finally, the total RDG contract amount of $374,595, which includes a standard contingency of 15%, represents only 11% of the total Summit Project cost estimate of $3.2M. By way of comparison, the recently completed Bald Mountain Parking Area had a total project cost of $640,345, of which $142,000, or 22%, was spent on design and engineering fees (included construction administration). Although the current RDG contract does not include the construction administration phase, as this will be contracted later to allow more accurate scoping, the relative cost for this design and engineering contract represents an excellent value. FISCAL IMPACT Of the $3.2M total cost for the Summit Project, approximately $500,000 will be reimbursed by the State Coastal Conservancy Mount Umunhum grant. All remaining expenses are eligible to be funded by Measure AA (Measure AA Project No. 21-4). The FY14-15 budget includes $75,000 for the Summit Project, and the proposed FY15-16 budget will includes $600,000 to fund the remainder of the proposed RDG contract. BOARD COMMITTEE REVIEW No committee review occurred for the design and engineering contract. See Next Steps, below, for anticipated committee involvement in the design development process. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Awarding a design and engineering contract is not considered a Project under the California Environmental Quality Act. Implementation of the Summit Project was included in the Mount Umunhum Environmental Restoration and Public Access Project Environmental Impact Report, certified in October 2012. NEXT STEPS The design development process for the Summit Project will include review and input from the Planning and Natural Resource Committee, as shown in the tentative project timeline provided below. Future construction and restoration contracts will be brought to the Board at a later date, once permits are in place and bids secured for this future work. Mt. Umunhum Summit Restoration and Visitor Amenities Implementation Timeline Refined Conceptual Design * Spring 2015 Schematic Design* Summer 2015 Permitting/Construction Documents Fall 2015 R-15-18 Page 4 Approve Restoration Grading Contract** Winter 2015/16 Approve Visitor Amenities Construction Contract** Winter 2015/16 Construction Phase Spring/Summer 2016 Restoration Planting Fall 2016 *Planning and Natural Resource Committee review **Board Approval Attachment 1. Summit Project Conceptual Design Responsible Department Head: Jane Mark, AICP, Planning Department Manager Prepared by: Lisa Bankosh, Planner III Meredith Manning, Senior Planner Contact person: Lisa Bankosh Attachment 1. Mount Umunhum Summit Project Conceptual Design R-15-14 Meeting 15-03 January 28, 2015 AGENDA ITEM 9 AGENDA ITEM Proposed Funding and Acquisition Agreement to Purchase a Conservation Easement for the Alpine Ranch Property owned by Peninsula Open Space Trust located at 8700 Alpine Road, La Honda, in unincorporated San Mateo County (Assessor’s Parcel Numbers 083-340-140) GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Quality Act (CEQA) as set out in the staff report. 2. Adopt a resolution authorizing the execution of the Funding and Acquisition Agreement with Peninsula Open Space Trust (POST) and accept a conveyance of a conservation easement over POST’s Alpine Ranch property. 3. Adopt the Preliminary Use and Management Plan recommendations as set out in the staff report. 4. Withhold dedication of the Alpine Ranch property as public open space. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to enter into a Funding and Acquisition Agreement with POST to purchase a conservation easement over the 353-acre Alpine Ranch property for $2,500,000 to protect its redwood forest, watershed, and habitat values and provide for future public trail and hiker’s hut use, while retaining compatible residential and agricultural uses on the property. POST will continue to own the property in fee with the intention of a potential future transfer of the property to the County as an addition to the Pescadero Creek Park Complex. The following report presents a description of the Alpine Ranch property, a Preliminary Use and Management Plan, the District’s environmental review, the purchase terms and conditions, and the financial impact of the proposed transaction. The proposed conservation easement purchase is identified as part of Measure AA Project # 14 and 15. MEASURE AA The 5-year Measure AA Project List was approved by the Board at the October 29, 2014 meeting which includes project #15 as part of the “Redwood Protection and Salmon Fishery R-15-14 Page 2 Conservation in the Upper Pescadero Creek watershed. This project also meets the criteria of Project # 14, “Future Regional Trail Connections and Campgrounds”. DISCUSSION In 2012, POST purchased the 353-acre Alpine Ranch property for $5,000,000. This property is located along Alpine Road and adjacent to the 7,026-acre Pescadero Creek Park Complex, which includes Memorial, Sam McDonald, and Pescadero Creek County Parks, making it a natural addition to the park complex. The District’s Russian Ridge Open Space Preserve is located approximately ¾-mile to the northeast, and Portola Redwoods State Park is located approximately ½-mile to the southeast. The Town of La Honda is located 2 miles to the southeast and Skyline Boulevard (State Highway 35) is located 4 miles to the east. The benefits to the District of purchasing a conservation easement include: 1. Redwood protection and salmon fishery conservation in the upper Pescadero Creek watershed (Measure AA Project # 15); 2. Facilitation of future regional trail connections and campgrounds (Measure AA Project # 14); and 3. Engagement in a partnership with POST, San Mateo County Parks, and the Sierra Club. Property Description and Regional Context (see Attachment 1) The Alpine Ranch property is rectangular in shape and is adjacent to Pescadero Creek County Park along the western and southern boundaries and Sam McDonald County Park along the northwestern boundary. A ridgeline running east and west along the northern half of the property reaches an elevation of approximately 1,300 feet and separates the Pescadero watershed to the south and the San Gregorio watershed to the north. A ranch road along the ridgeline connects to the public trail systems on the two County parks to the west and Alpine Road to the east. The ridgeline provides expansive views of the upper Pescadero watershed, including views of Portola Redwoods State Park, Butano Ridge, and the Pacific Ocean. Mindego Hill is visible to the north. The property is a natural and desirable future addition to the Pescadero Creek Park Complex because it protects watershed resources, wildlife habitat, and scenic views, and provides opportunities for future trail connections and hikers hut camping. The property is characterized by steep redwood and Douglas fir forested drainages and ravines of the upper Pescadero Creek watershed, as well as mixed evergreen forest of Monterey pine and madrone, coast live oak woodlands. Along the ridgeline, chaparral, grassland openings and bunch grasses are found. Two seasonal creeks and one perennial creek known as Tarwater Creek flow through the property and into Pescadero Creek. Below the property, Pescadero Creek provides spawning habitat for steelhead and Coho Salmon. A seasonal pond is located near the southern boundary. In addition, the headwaters of a seasonal creek at the northwest corner of the property drains into Alpine Creek in the San Gregorio watershed. Common wildlife found on the property include: deer, brush rabbits, coyote, mountain lion, and bobcat. Special status wildlife species include: California red-legged frog, dusky-footed wood rat, and pallid bat. Special status plant species include: Anderson’s manzanita, Dudley’s lousewart, Western leatherwood and white-flowered rein orchid. R-15-14 Page 3 Improvements and Land Use The property is improved with an 1860s era residence, located in the lower meadow. The 2,100 square foot residence is in good condition, with three bedrooms and two bathrooms. Covered porches line the front and east side of the dwelling. The residence is accessible by a 0.8-mile dirt and gravel ranch road from Alpine Road. A large 3,375 square foot wood barn is located in the meadow just west of the house. The barn is over 50 years old and in average to good condition. The barn area includes livestock fencing. The residence and barn both appear to be of redwood construction. The residence, barn and several small sheds are identified in a 4 acre building envelope within the proposed conservation easement. A well drilled in 1997 serves the residence, barn and a separate cabin located at a higher elevation on the northern ridge. Grassland areas were grazed briefly with 20 head of cattle for a year in 2006/2007. Otherwise, the property has not had ongoing agricultural use over the last 30 years. Along the grassy ridgeline, there is a 1,100 square foot cabin with a loft built in 1977 and remodeled in 2011. The ridgeline ranch road accessing the cabin also connects to the existing public trail system on the County Park. POST plans on improving and converting the cabin to a hiker’s hut, which would be used in conjunction with the nearby hiker’s hut managed by the Sierra Club on the adjacent Sam McDonald County Park. The cabin is identified in a 0.3 acre building envelope and the ridgeline road is identified as a 100 foot wide trail corridor in the proposed conservation easement. The Sierra Club has agreed to manage the new hiker’s hut once permits, renovations, and future trail improvements are made by POST. Conservation Easement (See Attachment 2) The conservation easement will protect in perpetuity the property’s conservation values, including significant scenic, habitat, natural, agricultural, cultural resource, and recreational values. The easement will provide for the following uses on the property: • A 100-foot Trail Corridor running along the ranch road on the upper and northerly ridgeline of the property for use as a future public trail, a hikers hut access, and future connections to the public trail system at the Pescadero Creek Park Complex. • A 3-acre Staging/Parking Area envelope along the access road near Alpine Road. • A 0.3-acre hiker’s hut area along the ridgeline road, limiting the structure to 2,500 square feet with a 20-foot height limit. • A 4-acre Residential and Agricultural Building Area in the location of the residence, barn, and accessory structures. The main residence is limited to 3,500 square feet. • Agricultural uses in the 4-acre Residential and Agricultural Building Area, which provides for 35,000 square feet of agricultural improvements, including new farm labor housing not-to-exceed 2,500 square feet. • Conservation grazing on the grassland areas outside of the 4-acre envelope. District review and approval of these uses is provided for in the conservation easement. However, POST reserves the right to improve the hiker’s hut without District approval, subject to the size and height restrictions identified above. The conservation easement also includes aquatic protection zones from future public trail and/or agricultural use impacts: 100 feet from riparian vegetation along Tarwater Creek, 50 feet from vegetation of seasonal creeks, and 50 feet from the vegetation around the pond. R-15-14 Page 4 COASTSIDE PROTECTION PROGRAM PROCESS The Alpine Ranch property is within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area (Service Plan). The Service Plan and subsequent conditions approved by San Mateo Local Agency Formation Commission (LAFCo) both established a number of policies and procedures for conducting the Coastside Protection Program (Program). The Program now guides the District’s purchase, as well as the use and management of open space land within the Coastside Protection Area. The Coastside Protection Program requires consultation with interested public agencies, officials, and interested organizations to solicit input into the planning process prior to the Board’s consideration of a conservation easement purchase. On November 3, 2014, District staff presented the proposed funding agreement and conservation easement at the San Mateo County Farm Bureau meeting, and discussion ensued regarding the limited grazing use of the property over the last 30 years, historical uses, and ranch infrastructure. The Farm Bureau expressed concern about whether or not agricultural use would be allowed if San Mateo County Parks becomes the owner of the Alpine Ranch property in the future. District staff assured the Farm Bureau that agricultural uses are allowed under the conservation easement, including future farm labor housing, and that the Farm Bureau’s concerns would be shared with County Parks staff. Staff also pointed out that there had been very little agricultural use of the property over the last 30 years with the exception of a small seasonal grazing operation approximately 10 years ago. USE AND MANAGEMENT Planning Considerations The property is located within unincorporated San Mateo County and is zoned RM (Resource Management District). It consists of one legal parcel, which includes nine density units per the San Mateo County Planning Department. The conservation easement reserves two density units for the residential and agricultural area, and the hiker’s hut area. Access to the property is via Alpine Road. The property is designated in the San Mateo County General Plan as “Open Space – Rural.” Purchase of a conservation easement to protect the identified conservation values is consistent with the County’s General Plan land use and zoning designations. The proposed purchase of the Alpine Ranch conservation easement and the accompanying Preliminary Use and Management Plan are consistent with the policies and procedures contained in the District’s Coastside Protection Program (Program) and Service Plan. Preliminary Use and Management Plan The Preliminary Use and Management Plan for the conservation easement represent a status quo approach to management. The property subject to the conservation easement will be owned, operated and managed by POST. The Preliminary Use and Management Plan include the following elements: Public Access: POST will consult with the District on future opportunities to develop public access, trails, trail parking and staging, and a hikers’ hut to connect to adjacent public trails/facilities in the San Mateo County Pescadero Creek Park Complex. POST will consult with the District on R-15-14 Page 5 opportunities to provide periodic docent-led tours. Signs and Site Security: Structures and Improvements: Natural Resource Management: Agricultural Resources: Patrol: Roads and Trails: Erect and maintain a sign visible from a public road bearing information indicating that the conservation property is protected by the District and POST. This also allows the District to install signage recognizing the use of voter-approved Measure AA funds to protect the property. Monitor the conservation easement to ensure that maintenance activities and operation of all structures and improvements are compatible with the conservation easement. Monitor the conservation easement to ensure that natural resource management activities are compatible with the conservation easement. Monitor the conservation easement to ensure that agricultural practices are compatible with the conservation easement. Limit access for patrol and easement monitoring purposes to the existing entrance on Alpine Road. Monitor the conservation easement to ensure that the maintenance of existing roads and access points is compatible with the conservation easement. Document Baseline Conditions: Perform an initial inspection of the conservation easement to photo document existing conditions within the easement area at the time the easement is conveyed to the District. Easement Monitoring: Conduct regular inspection of the conservation easement area to ensure compliance with provisions of the easement. Site Safety Inspection: A preliminary site safety inspection has been conducted and there are no known safety hazards within the conservation easement area. Dedication: Indicate the Board’s intention to withhold the conservation easement for resource conservation and public open space and park purposes. California Environmental Quality Act (CEQA) Compliance Project Description The project consists of the conveyance of a conservation easement in perpetuity over the 353- acre subject property to the District to preserve and maintain the property for the conservation values identified in the Conservation Easement. CEQA Determination The District is the lead agency for this project under CEQA. The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15317 and 15061 of the CEQA Guidelines as follows: R-15-14 Page 6 Section 15317 Open Space Contracts or Easements - the acceptance of fee or easement interests in order to maintain the open space character of an area. The District will acquire a conservation easement interest to maintain the open space character of the property. Section 15061(b)(3) - The actions recommended in the Preliminary Use and Management Plan are exempt as there is no possibility the recommended actions will have a significant effect on the environment. Terms and Conditions The proposed transaction is a partnership between the District and POST to protect the 353-acre Alpine Ranch property in perpetuity. POST purchased the property in December of 2012 for $5,000,000. The property initially had been listed for sale at $11,950,000 in 2005 and eventually lowered to $6,500,000 in October 2012. The District and POST jointly commissioned an independent appraiser to determine the current fair market value. The fee value of the property was evaluated at $5,500,000. The property subject to a conservation easement was valued at $2,800,000. The conservation easement was valued at $2,700,000. However, the agreed upon purchase price of the conservation easement is $2,500,000 or half the value of POST’s original purchase amount. POST will own the property in fee with the intention of a potential future transfer of the property to the County as an addition to the Pescadero Creek Park Complex. In the event POST transfers the property in the future to the County as an addition to the Pescadero Creek Park Complex, the District and POST would jointly hold and monitor the conservation easement. The easement permits the future development of public trails, hiker’s hut, and public parking near Alpine Road, and use of the residence and compatible agricultural on the property. The development of future public trails and hiker’s hut uses will be planned in consultation with the District and County Parks. POST or a future owner will be responsible for the construction and maintenance for future trail and public use on the property. BOARD COMMITTEE RECOMMENDATION The District’s Real Property Committee held a public meeting on the property (within the Coastside Protection Area) to familiarize themselves with the property and to receive public input on the proposed easement purchase. The meeting was held on October 14, 2014, after notice was distributed to property owners of land located adjacent to or surrounding the property, the Farm Bureau, Coastside public officials, community-interest groups, non-profit land trusts, conservation-oriented organizations, elected officials, government agencies and government- sponsored organizations within the Coastside Protection Area. Approximately 15 members of the public attended the meeting, including neighbors, POST representatives, San Mateo County Parks Director, and the manager of the Jack Brook Horse Camp located at Sam McDonald County Park. At the meeting, staff led a property tour and described the conservation easement, the proposed preliminary use and management plan, future trail and hiker’s hut uses, and the proposed purchase terms. The Real Property Committee approved recommending the purchase of the conservation easement to the full Board of Directors. R-15-14 Page 7 FISCAL IMPACT Fiscal Year 2014–15 Budget for New Land Purchases: New Land $8,500,000.00 Land purchased this year ($ 1,480,000.00) Alpine Ranch Conservation Easement ($ 2,500,000.00) New Land Purchase Budget Remaining $ 4,520,000.00 The District Controller was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property, the Coastside Protection Area mailing list, and attendees of the October 14, 2014 Real Property Committee meeting have been mailed a copy of the agenda. Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the Board of Directors, the Board President will execute the Funding and Acquisition Agreement with POST. After the close of escrow, District and POST staff will prepare a baseline document of the existing condition of the property for conducting annual easement monitoring of the property. Attachments: 1. Location Map 2. Property Map 3. Resolution Authorizing Approval of the Funding and Acquisition Agreement with Peninsula Open Space Trust and Acceptance of the Conservation Easement, and Authorizing the General Manager to Execute any and all other documents Necessary or Appropriate to the Closing of the Transaction (Lands of Peninsula Open Space Trust – Alpine Ranch) Prepared by: Michael Williams, Real Property Manager Elish Ryan, Real Property Planner III Contact person: Michael Williams, Real Property Manager Graphics prepared by: Jon Montgomery, GIS Intern "# A l p ine Creek Peter s C r e ek TarwaterCreek EvansCreek R odgers G ulch Pescadero C r ee k Mindego Creek A l p i n e C r e e k Mi d p en in su la Re g io na lOpen S p ac e Di st r ic t At t a c h m e n t 1 - P O S T A l p i n e R a n c h P r o p e r t y Januar y, 2015 Path: G:\Projects\a_Districtwide\POST\POST_Alpine_Ranch\POST_Alpine_Ranch_regional.mxd Created By: jmontgomery 0 21MilesI (M RO S D ) Ot her Pr o t ect ed O p en S p ac eor Pa rk La nds MR O SD Pr ese rves Pr i va te Pr op er t y Deve lo ped L a nd While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es. Fremont Sunnyvale Cupertino Palo Alto San Mateo Union City Redwood City Area ofDetail £¤280 £¤84 £¤84 £¤35 PescaderoCreek Ot her P ub li c A gen cy PO ST Alpin e R anchProperty 353 acres PO S T A lpi n e R anc h Pr o per t y £¤35 £¤84 £¤1 Russian Ridge Open Space Preserve Skyline Ridge Open Space Preserve Portola Redw oods State Park Sam McDonaldCounty Park Pe scadero Cr eekCounty Park LongRidgeOpenSpacePreserve La Honda CreekOpen Space Preserve La Honda PescaderoCreekRd AlpineRd AlpineRd P or t o la S t at e Pa r k Rd Pa rk B ou nda ry "# TarwaterCreek EvansCreek Pescadero C r ee k Mindego Creek A l p i n e C r e e k Bro o k L o op To w n e F i r e R o a d Bravo F i r e Road T a r w a t e r Trail Canyon Trail J o n e s G ulc h T rail B e a r R i d g e Trai l Brook Trail Old Haul ShawFlatUpper T r a il T o wne Fire Ro a d Bear R i dge Trail Towne Fire Road AlpineRdHeritageGroveTrail Mi d p en in su la Re g io na lOpen S p ac e Di st r ic t At t a c h m e n t 2 - P O S T A l p i n e R a n c h P r o p e r t y Januar y, 2015 Path: G:\Projects\a_Districtwide\POST\POST_Alpine_Ranch\POST_Alpine_Ranch1.mxd Created By: jmontgomery 0 0.50.25MilesI (M RO S D ) Ot her Pr o t ect ed O p en S p ac eor Pa rk La nds MR O SD Pr ese rves Pr i va te Pr op er t y Deve lo ped L a nd While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es. ! ! ! ! ! ! ! ! ! ! ! Redwood City L a H o n d aCreekOSP Area ofDetail £¤280 Ot her P ub li c A gen cy PO ST Alpin e R anchProperty 353 acres PO S T A lpi n e R anc h Pr o per t y £¤35 £¤84 £¤1Sam McDonaldCounty Park Pescadero CreekCounty Park Hiker's Hut Bu il di ng E nv elo pe s Pa rk i ng E nve lo pe Future HikersHut Residentia l & Ag.Building A rea Pa rking Area TrailCorr idor ÆQ Jack BrookHorse Camp PortolaRedwoodsState Park Pa rk B ou nda ry Bro o k T r a i l Loop To wn e Fire R oad Attachment 3 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF THE FUNDING AND ACQUISITION AGREEMENT WITH PENINSULA OPEN SPACE TRUST AND ACCEPTANCE OF THE CONSERVATION EASEMENT, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION (LANDS OF PENINSULA OPEN SPACE TRUST – ALPINE RANCH) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Funding and Acquisition Agreement with the Peninsula Open Space Trust (POST) and the Midpeninsula Regional Open Space District (“Agreement”) to purchase a Conservation Easement for the POST Property, in substantial form as attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors or other appropriate officer to execute the Agreement on behalf of the District. SECTION TWO. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant of Conservation Easement on behalf of the District. SECTION THREE. The General Manager or the General Manager’s designee is authorized to expend up to $5,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. SECTION FOUR. The General Manager or the General Manager’s designee shall cause to be given appropriate notice of acceptance to POST. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. SECTION FIVE. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement, Conservation Easement, and other documents in escrow which do not involve any material change to any term of the Agreement or Conservation Easement, which are necessary or appropriate to the closing or implementation of this transaction. SECTION SIX. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax- exempt financing is not cost-justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District’s practice to buy property with its general funds and, when a tax-exempt financing is cost-justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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