Loading...
HomeMy Public PortalAbout20150211 - Agenda Packet - Board of Directors (BOD) - 15-04 REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, February 11, 2015 7:00 P.M. A G E N D A 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on any item not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve Minutes of the January 28, 2015 Board Meeting 2. Approve Claims Report 3. Resolution Commending and Honoring the San Mateo County Resource Conservation District on its 75th Anniversary Staff Contact: Julie Amato, Community Outreach Specialist General Manager’s Recommendation: Approve the resolution Commending and Honoring the San Mateo County Resource Conservation District on its 75th Anniversary. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. Meeting 15-04 4. Contract Award for Design and Planning Services for Bear Creek Stables Site Plan and Planning and Environmental Review Services for the Expedited Bear Creek Redwoods Open Space Preserve Plan (R-15-25) Staff Contact: Gretchen Laustsen, Planner II General Manager’s Recommendation: Authorize the General Manager to enter into a professional services contract with Populous, Inc., for an amount of $48,650 to develop site design alternatives for Bear Creek Stables, plus an additional $150,000 to complete the Bear Creek Redwoods Open Space Preserve Plan and environmental review. In addition, authorize a 15% contingency of $30,000 to cover unforeseen requirements, for a not-to-exceed total contract amount of $228,650. 5. Informational Report on the Outreach and Communication Plan for Fiscal Year 2015-16 (R-15-28) Staff Contact: Shelly Lewis, Public Affairs Manager General Manager’s Recommendation: Receive an informational report by Shelly Lewis, Public Affairs Manager. 6. Proposed Purchase of the Riggs Property as an addition to Purisima Creek Redwoods Open Space Preserve located at the end of Lucy Lane in unincorporated San Mateo County (Assessor’s Parcel Number 066-320-120) (R-15-19) Staff Contact: Mike Williams, Real Property Manager General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Riggs’ property. 3. Adopt a Preliminary Use and Management Plan for the property as contained in the staff report. 4. Indicate the intention to withhold the Riggs property as public open space. 7. General Manager’s Purchasing Authority in Public Resources Code Section 5549 (R-15-24) Staff Contact: Shelly Lewis, Public Affairs Manager General Manager’s Recommendation: Approve the concept of increasing the General Manager’s purchasing authority in Public Resources Code Section 5549 from $25,000 to $100,000 in order to achieve administrative efficiencies while maintaining competitive public contracting procedures, and direct the General Manager to work with the District’s state legislators to introduce legislation to make this change. 8. Approval of Salary Adjustments and Amendments to Employment Agreements for the Board Appointees: General Manager, General Counsel and District Controller (R-15-26) Staff Contact: Candice Basnight, Human Resources Supervisor Board Appointee Evaluation Committee’s Recommendations: 1. As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2013-14, the Board Appointee Evaluation Ad Hoc Committee recommends the following compensation adjustments for its Board Appointees for Fiscal Year 2014-15: Adjust the General Manager’s base salary upward to $216,323; adjust the General Counsel’s base salary upward to $203,992; and adjust the Controller’s base salary upward to $45,153. 2. Adopt the attached resolutions approving the salary adjustments set out in Recommendation and authorizing the Board President to execute the commensurate related amendments to the Board Appointee Employment Agreements. 3. Adopt the attached resolution approving adjustments to the Employer Paid Member Contributions to the California Public Employees Retirement System INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on February 6, 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 February 6, 2015 at Los Altos, California. January 28, 2015 Board Meeting 15-03 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 January 28, 2015 DRAFT MINUTES SPECIAL MEETING – STUDY SESSION I. CALL TO ORDER President Siemens 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, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Kevin Woodhouse, District Clerk Jennifer Woodworth III. STUDY SESSION 1. Financial and Operational Sustainability Model Study Update (R-15-23) Nancy Hetrick, Andy Belknap, and Christine Butterfield of Management Partners provided the presentation outlining the work already completed as part of the Financial and Operational Sustainability Model Study (FOSM), general principles of organizational design, proposed guiding principles for the District, and potential models for the organizational structure. They provided a summary of comments received from members of District staff in response to the presentation. Finally, the three phases of implementation were described including priorities for recruitment and creation of various organizational systems. Director Riffle inquired regarding possible methods of measuring an organization’s effectiveness. Meeting 15-03 Page 2 Ms. Hetrick responded that effectiveness may be measured according to various metrics including employee morale or project delivery. Director Harris inquired regarding the creation of performance measures to determine the success of and accountability in the organization. Mr. Belknap explained that performance measures will be created in conjunction with District staff as part of Phase I. Director Kishimoto expressed her concerns regarding the sustainability of the model including the additional staff members proposed. Mr. Belknap explained his staff tested the District’s current financial model, and it anticipates growth and continues to be sustainable into the future. Director Hassett inquired as to the Board involvement in Phase II of implementation. General Manager Steve Abbors explained that the Board has made and will continue to make the policy decisions that are necessary for implementation. Director Siemens stated his view is that the Board will be primarily involved in Phase I of implementation. Mr. Belknap explained that his organization often holds workshops for the legislative body during implementation to update them on progress. Public hearing opened at 6:45 p.m. No speakers present. Public hearing closed at 6:45 p.m. IV. ADJOURNMENT President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:48 p.m. REGULAR MEETING I. CALL TO ORDER President Siemens called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:02 p.m. II. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Meeting 15-03 Page 3 Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Public Affairs Shelly Lewis, Real Property Manager Mike Williams, Real Property Specialist Allen Ishibashi, Planning Manager Jane Mark, Planner III Gina Coony, Planner III Lisa Bankosh, Senior Planner Meredith Manning, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS Sam Drake, President of the Umunhum Conservancy, spoke in support of the District approving signage at the site for donor recognition and requested the Board agendize that item for a future Legislative, Funding and Public Affairs Committee meeting. IV. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Harris seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hanko absent.) V. CONSENT CALENDAR 1. Approve Minutes of the Regular Board Meeting of January 14, 2015. 2. Approve the Claims Report 3. Appointment of Board of Directors Standing Committee Members for Calendar Year 2015 (R-15-15) 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. 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) 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) 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. Meeting 15-03 Page 4 6. 2014 Ombudsperson Annual Report and Extension of the Ombudsperson’s Appointment through December 31, 2015 (R-15-21) 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. Motion: Director Kishimoto moved, and Director Hassett seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Hanko absent.) VI. BOARD BUSINESS 7. Contract for the Mount Umunhum Radar Tower Interim Repair Project located at Sierra Azul Open Space Preserve (R-15-09) Planner III Gina Coony provided the staff report stating that access to the building can be completely sealed with the exception of access for emergency reasons. By sealing access to the building, Occupational Safety and Health Administration (OSHA) safety regulations will be met. Ms. Coony reported that the new contract would meet all District goals of completing all necessary safety and structural repairs. Public hearing opened at 7:17 p.m. Sam Drake, President of the Umunhum Conservancy, spoke regarding the proposed repairs that are no longer included in the proposed contract. Mr. Drake also expressed his concern that the District is passing the costs for repairs on to the Conservancy thereby increasing their costs. Public hearing closed at 7:20 p.m. Motion: Director Harris moved, and Director Hassett seconded the motion to 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. VOTE: 6-0-0 (Director Hanko absent.) 8. Award of Contract for Design and Engineering Services for the Mount Umunhum Summit Project (R-15-18) Planner III Lisa Bankosh presented the staff report outlining the services included in the contract and described the work previously completed on the site and planned work based on contracts previously approved by the Board of Directors. Ms. Bankosh described the planned elements of the project including visitor access points, trails, landform restoration, ADA accessible facilitates Meeting 15-03 Page 5 and trails, and proposed structures to provide shelter and shade. Finally, Ms. Bankosh described the planned project schedule including when the project will be reviewed by the Planning and Natural Resources Committee. Director Hassett inquired about the process for choosing the recommended consultant. Ms. Bankosh explained the process used for seeking and choosing the recommended consultant, including the need for an additional consultant if another consultant was chosen and the additional work being completed by the recommended consultant. Several Board members inquired regarding specific elements of the site plans, including helicopter landing areas and access to potable water. Senior Planner Meredith Manning explained the item will be going to the Planning and Natural Resources Committee to review those elements. Director Harris requested the Board remained informed as to the progress of the project through the biweekly reports. Public hearing opened at 7:55 p.m. No speakers were present. Public hearing closed at 7:55 p.m. Motion: Director Kishimoto moved, and Director Cyr seconded the motion to 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. VOTE: 6-0-0 (Director Hanko absent.) 9. 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) (R-15-14) Real Property Manager Mike Williams presented the staff report describing the location of the property, geographic features of the property and structures on the property. Mr. Williams described the habitat and resources value of the property. Finally, Mr. Williams explained the project’s relation to Measure AA and the terms of purchase and conservation easement. Director Harris inquired as to the process for the annual monitoring of the conservation easement. Mr. Williams explained the annual monitoring is largely completed by photomonitoring the area each year to study any developments or threats to natural resources on the land. Meeting 15-03 Page 6 Public hearing opened at 8:21 p.m. Tricia Suvari, Vice President of land transactions at Peninsula Open Space Trust spoke in support of the District’s purchase of the conservation easement and stated that the additional hikers’ hut will address the limited capacity associated with the current hikers’ hut. Marlene Finley, Director of San Mateo County Parks, spoke in support of the District’s purchase of the conservation easement. Public hearing closed at 8:27 p.m. Motion: Director Hassett moved, and Director Harris seconded the motion to: 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 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. VOTE: 6-0-0 (Director Hanko absent.) VII. COMMITTEE REPORTS No Committee reports provided. VIII. STAFF REPORTS Assistant General Manager Kevin Woodhouse reported that staff has begun working with Assemblymember Rich Gordon’s staff to pursue a potential legislative change regarding the General Manager’s contract authority. Staff will be bringing a staff report to the Board at a future Board meeting to determine Board support. Assistant General Manager Ana Ruiz provided an update on the District’s current 9/80 schedule and other non-compensatory benefits. Mr. Abbors reported that he recently met with Kerry Siragusa from Lehigh Quarry and reported that Lehigh is currently meeting their obligations. IX. DIRECTOR REPORTS The Board submitted their compensatory forms to the District Clerk. Director Kishimoto requested the proposal for recognizing Mt. Umunhum donors be agendized for the next Board meeting. Director Kishimoto reported that she spoke at the Bay Area Open Space Council’s Rainy Day Event. Meeting 15-03 Page 7 Directors Riffle and Cyr thanked staff for their efforts in preparing the biweekly reports. X. ADJOURNMENT TO CLOSED SESSION The Board adjourned to Closed Session at 8:49 p.m. 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 XI. ADJOURNMENT President Siemens adjourned the Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:40 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 15-03 DATE 02-05-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount WIRE OLD REPUBLIC TITLE COMPANY Purchase of conservation easement - Alpine Ranch Property TBD $2,500,000.00 68577 *10215 - CALPERS-FISCAL SERVICES DIVISION Customer ID 2857159579 Health Insurance 02/04/2015 $125,302.73 68588 *10845 - CITY OF MOUNTAIN VIEW-FINANCE Dispatch Services - City of Mountain View 02/04/2015 $37,848.75 68610 11129 - PETERSON TRUCKS INC.Filter System Retrofit for WT01 02/04/2015 $20,777.99 68534 *11230 - SANTA CLARA COUNTY-C/O UNITED ADMINISTRATIVE SVC Dental Insurance - Group #1766-0006 01/27/2015 $11,707.92 68557 10102 - SHUTE, MIHALY & WEINBERGER LLP Ridge Vineyards Land Exchange - Legal Services 01/28/2015 $10,181.08 68601 11091 - JODI MCGRAW CONSULTING Vision Plan document preparation 02/04/2015 $8,921.25 68535 *11152 - WELLINGTON PARK INVESTORS AO2 Rent - February 01/27/2015 $8,339.00 68598 10889 - GROSSMANN DESIGN GROUP Mt Um Radar Tower Interim Repair Design & Const. Admin - SAU 02/04/2015 $7,860.00 68604 10530 - MAYNE TREE EXPERT COMPANY INC Sudden Oak Death Treatment 2014-15 02/04/2015 $5,700.00 68554 *10180 - PG & E Electricty/Gas - January 01/28/2015 $5,229.05 68553 11129 - PETERSON TRUCKS INC.Regeneration Panel for Diesel Particulate Filter WT01 01/28/2015 $5,189.38 68617 11479 - ROOTID District Website Migration - 10% progress pmt 02/04/2015 $4,941.00 68580 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY MPOSD-BL-490450 AD&D/Life/LTD Premiums 02/04/2015 $4,931.51 68543 10662 - DAVID J POWERS & ASSOCIATES INC Ridge Vineyard Land Exchange - Environmental Review Services 01/28/2015 $4,879.25 68597 10405 - GP SPORTS Yamaha TW200 Patrol Motorcycle 02/04/2015 $4,679.75 68618 11006 - SAN MATEO COUNTY MOSQUITO & VECTOR CONTROL DIST Annual Mosquito Abatement Assessment ( 7/14 - 6/15)02/04/2015 $3,236.49 68591 10540 - CRAFTSMEN PRINTING Printing of Brochures "Explore Your Backyard"02/04/2015 $2,403.38 68587 11371 - CALFLORA DATABASE Development of Weed Manager Database 02/04/2015 $2,378.00 68579 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 02/04/2015 $2,334.84 68627 *10583 - TELEPACIFIC COMMUNICATIONS District Telephone Service + SAO Internet 02/04/2015 $2,041.19 68570 *10032 - DEL REY BUILDING MAINTENANCE Building Maintenance Services - January 02/03/2015 $1,815.00 68562 10146 - TIRES ON THE GO Replacement tires 01/28/2015 $1,807.54 68561 11473 - SUNNYVALE SCHOOL DISTRICT (4) Spaces & Species field trips transportation reimbursement 01/28/2015 $1,800.00 68558 10585 - SOL'S MOBILE SERVICE WT02/M29/M17/M26 Service 01/28/2015 $1,794.92 68614 11282 - PROELIA DEFENSE AND ARREST TACTICS, LLC Defensive Tactics Training - January 2015 02/04/2015 $1,749.96 68559 10952 - SONIC.NET, INC.AO Internet Service for - February 2015 01/28/2015 $1,698.21 68537 10128 - AMERICAN TOWER CORPORATION Repeater communications site lease - Coyote Peak 01/28/2015 $1,668.00 68578 10212 - PINNACLE TOWERS INC Crown communications site ID 871823 02/04/2015 $1,600.20 68625 10113 - T-SQUARED HVAC Electrical repairs at rental residence 02/04/2015 $1,563.87 68542 10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 01/28/2015 $1,172.00 68596 10351 - GOLDEN WEST COLLISION CENTER Repair damaged bumper 02/04/2015 $1,086.18 68631 11388 - WAGNER & BONSIGNORE Professional Services Water Rights Consulting - District Wide 02/04/2015 $1,081.65 68620 11008 - SANTA CLARA COUNTY VECTOR CONTROL DISTRICT Vector Control Services - FY2014-15 02/04/2015 $1,067.20 68581 *10213 - VISION SERVICE PLAN-CA 00 106067 0010 Vision Premium 02/04/2015 $1,051.44 68612 *10180 - PG & E Electricity/Gas - January 2015 02/04/2015 $977.72 68564 10403 - UNITED SITE SERVICES INC Restroom rental for Mindego projects/Sanitation Services FFO/SA 01/28/2015 $952.35 68619 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit fee for deck repairs - former Bergman property 02/04/2015 $854.42 68589 10352 - CMK AUTOMOTIVE INC Repair/service - A40/A95 02/04/2015 $829.05 68583 10001 - AARON'S SEPTIC TANK SERVICE Facility Maintenance - WH & PCR 02/04/2015 $795.00 68555 10195 - REDWOOD GENERAL TIRE CO INC Vehicle maintenance and repairs (SFO)01/28/2015 $743.61 68621 11482 - SILVERMAN, JULIA Rewriting of District-wide Contact Database 02/04/2015 $675.00 68550 10666 - LOWE'S Table saw and supplies 01/28/2015 $665.23 page 2 of 3 CLAIMS REPORT MEETING 15-03 DATE 02-05-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 68622 10447 - SIMMS PLUMBING & WATER EQUIPMENT Plumbing/water/heater service - rental residences 02/04/2015 $559.54 68545 10038 - ERGO VERA Ergo eval for 2 employees - E. Ryan and C. Yunker 01/28/2015 $528.00 68538 10828 - BAY CITIES AUTOMATIC GATES Gate Repair: WH05 (WH)01/28/2015 $475.53 68566 11129 - PETERSON TRUCKS INC.Vehicle maintenance and repairs (SFO)01/29/2015 $467.21 68594 10187 - GARDENLAND POWER EQUIPMENT Chainsaw Parts/Field Supplies 02/04/2015 $466.74 68544 11311 - EAST PALO ALTO CENTER FOR COMMUNITY MEDIA Underwriting 3 Talking w/ Henrietta Shows on health/openspace 01/28/2015 $465.00 68549 11376 - LAND TRUST OF SANTA CRUZ COUNTY Highway 17 Wildlife connectivity study 01/28/2015 $450.00 68569 *10029 - CURT RIFFLE January Director meetings 02/03/2015 $400.00 68572 *10057 - LARRY HASSETT January Director meetings 02/03/2015 $400.00 68574 *10084 - PETE SIEMENS January Director meetings 02/03/2015 $400.00 68576 *10118 - YORIKO KISHIMOTO January Director meetings 02/03/2015 $400.00 68611 10209 - PETTY CASH-MROSD SFO petty cash reimbursement 02/04/2015 $395.98 68602 11099 - LAW ENFORCEMENT PSYCHOLOGICAL SERVICES INC Park Ranger Assessment - HR Dept 02/04/2015 $375.00 68575 *10093 - RENE HARDOY Gardening services - January 2015 02/03/2015 $325.00 68585 11148 - BALANCE HYDROLOGICS, INC.Litigation Support for MROSD vs. Arcadis - ECDM 02/04/2015 $316.25 68556 10151 - SAFETY KLEEN SYSTEMS INC Solvent Tank Service - SFO 01/28/2015 $309.39 68599 10423 - HARRINGTON INDUSTRIAL PLASTICS Facility Maintenance 02/04/2015 $309.08 68541 10014 - CCOI GATE & FENCE Gate Repair (SAO)01/28/2015 $302.15 68563 *10326 - TOTAL ADMINISTRATIVE SERVICES CORP.Flex Spending Accounts - Admin Fees 1/1/15-12/31/15 01/28/2015 $300.00 68568 *10018 - CECILY HARRIS January Director meetings 02/03/2015 $300.00 68571 *10050 - JED CYR January Director meetings 02/03/2015 $300.00 68567 10995 - LEANNE TERUYA Honorarium for Docent Training on Geology 01/29/2015 $275.00 68592 10038 - ERGO VERA Ergo Eval for 1 employee - O. Sterzl 02/04/2015 $250.80 68623 10302 - STEVENS CREEK QUARRY INC Baserock 02/04/2015 $243.82 68551 10578 - OLD REPUBLIC TITLE CO Lehigh Transaction Easement & Rights of First Refusal 01/28/2015 $232.50 68615 10195 - REDWOOD GENERAL TIRE CO INC Replacement tire 02/04/2015 $225.55 68548 *10173 - GREEN WASTE-11089 Monthly Utility: Garbage (SR)01/28/2015 $217.59 68573 *10072 - NONETTE HANKO January Director meetings 02/03/2015 $200.00 68540 *10454 - CALIFORNIA WATER SERVICE CO-949 AO Water Service through 1/15/15 01/28/2015 $168.71 68606 11200 - MOUNTAIN VIEW OPTOMETRY & CONTACT LENS CLINIC Prescription Safety Glasses 02/04/2015 $155.00 68608 10081 - PALO ALTO UPHOLSTERY Vehicle Repairs (SFO)02/04/2015 $153.06 68613 10265 - PRIORITY 1 Remove radio - M53 02/04/2015 $150.00 68560 10143 - SUMMIT UNIFORMS Supplies for Santa Rosa Academy 01/28/2015 $144.64 68565 11037 - US HEALTHWORKS MEDICAL GROUP PC DOT Screening - HR Dept 01/28/2015 $139.00 68595 10548 - GARTSIDE, ELLEN Volunteer/Field Supplies 02/04/2015 $138.00 68630 *10309 - VERIZON WIRELESS Cell Phone charges 02/04/2015 $125.71 68605 *10664 - MISSION TRAIL WASTE SYSTEMS AO Garbage 02/04/2015 $120.16 68600 10455 - HUGG, IANTHINA Mileage reimbursement 02/04/2015 $111.44 68547 10169 - FOSTER BROTHERS SECURITY SYSTEMS Keys for New Truck Utility Boxes 01/28/2015 $108.75 68539 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service for rental residences 01/28/2015 $105.69 68590 10598 - COONY, GINA SC County Radar Tower Plan Check Extension - SAU 02/04/2015 $80.43 68607 *10481 - PACIFIC TELEMANAGEMENT SERVICE Telephone Service (MB CAMP)02/04/2015 $78.00 68628 10162 - TERMINIX PROCESSING CENTER AO Pest Control 02/04/2015 $74.00 page 3 of 3 CLAIMS REPORT MEETING 15-03 DATE 02-05-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 68629 10338 - THE ED JONES CO INC Recondition ranger badge 02/04/2015 $65.83 68586 10181 - BANKOSH, MICHAEL Cell phone reimbursement 02/04/2015 $60.00 68546 10186 - FEDERAL EXPRESS Shipping charges 01/28/2015 $54.37 1205 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service for Hawthorn property 01/28/2015 $50.89 68536 *10810 - A T & T Daniels Nature Center 01/28/2015 $50.86 68616 *11426 - RIDGE WIRELESS INC.FFO Internet service 02/04/2015 $50.00 68584 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Equipment (SFO)02/04/2015 $48.77 68609 10249 - PATERSON, LORO Professional Dues Reimbursement - PRAC 2015 02/04/2015 $37.50 68603 11154 - LOS ALTOS POLICE FALSE ALARM REDUCTION PROGRAM AO False Alarm 02/04/2015 $37.00 68582 *10811 - A T & T Monthly Telephone (SR)02/04/2015 $32.67 68624 10143 - SUMMIT UNIFORMS Uniform Item (SFO)02/04/2015 $31.54 68593 10779 - FIRST CALL AUTO PARTS Auto Parts 02/04/2015 $16.26 68626 10152 - TADCO SUPPLY Janitorial Supplies (FFO)02/04/2015 $2.30 Grand Total $2,818,611.82 *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 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING AND HONORING THE SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT ON ITS 75TH ANNIVERSARY ______________________________________________________________________________ WHEREAS, the San Mateo County Resource Conservation District was formed in 1939 as the first resource conservation district in the State of California, and now partners with land owners and managers, technical advisors, area jurisdictions, government agencies, and others, acting as an agent of the United States to protect, conserve, and restore natural resources on over 157,000 acres of land in San Mateo County; and WHEREAS, the San Mateo County Resource Conservation District was founded by a group of concerned farmers to provide technical assistance to the farming community in San Mateo County as a local counterpart to the federal government’s Soil Conservation Service, now the Natural Resources Conservation Service, as a visionary program to ameliorate the “Dust Bowl” crisis of the 1930s, when millions of acres of cropland were destroyed by drought and soil loss; and WHEREAS, the dedicated efforts of those founders helped to pioneer the resource conservation movement in the State of California, encouraging others such as the Midpeninsula Regional Open Space District to follow in their footsteps and mirror their leadership to protect, in perpetuity, a regional greenbelt, and the rich natural resources found therein; and WHEREAS, the San Mateo County Resource Conservation District has played an invaluable role in watershed assessment and planning, and served as a tireless advocate and coordinating body for regional conservation efforts, thus enabling agencies like the Midpeninsula Regional Open Space District to implement vital conservation projects, resulting in the restoration of habitat for threatened and endangered species and greatly advancing our stewardship of the land for many years to come; and WHEREAS, the San Mateo County Resource Conservation District serves as a model to other conservation agencies of best practices in watershed planning, wildlife habitat improvement, water conservation, and other resource management activities, and has been a leader in providing education and technical assistance in natural resources management and stewardship; and WHEREAS, on February 19, 2015, community leaders, partners, the board of directors, staff, and the public will celebrate 75 years of exceptional service to San Mateo County, which has created a world-class system of parks and preserves that conserves, protects, and restores natural resources. NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby commend and congratulate the San Mateo County Resource Conservation District for having joined together to create the outstanding achievements that have been accomplished over the past 75 years, achievements to be proud of for generations to come, and extends its most sincere wishes and encouragement for continued success. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 R-15-25 Meeting 15-04 February 11, 2015 AGENDA ITEM 4 AGENDA ITEM Contract Award for Design and Planning Services for Bear Creek Stables Site Plan and Planning and Environmental Review Services for the Expedited Bear Creek Redwoods Open Space Preserve Plan GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a professional services contract with Populous, Inc., for an amount of $48,650 to develop site design alternatives for Bear Creek Stables, plus an additional $150,000 to complete the Bear Creek Redwoods Open Space Preserve Plan and environmental review. In addition, authorize a 15% contingency of $30,000 to cover unforeseen requirements, for a not-to-exceed total contract amount of $228,650. SUMMARY Measure AA Project (#21-4) includes completion of the Bear Creek Stables (Stables) Site Plan to guide implementation of capital improvement projects, site management and improvement standards, public access programs, and maintenance and operations projects for the Stables area of Bear Creek Redwoods Open Space Preserve (Preserve). A Request for Qualifications and Proposals (RFQP) to develop site design alternatives was released on January 8, 2015. Based on the results of the RFQP process, the General Manager recommends awarding a contract to Populous for $48,650. In addition, to expedite the opening of the Preserve for public access, the General Manager further recommends that sufficient funds be added to the contract to finalize the Preserve Plan and CEQA document by Fall 2015. The total not-to-exceed contract amount with these additional funds and standard contingency is $228,650. The Fiscal Year (FY) 2014- 15 budget includes funds sufficient to cover costs through the end of this fiscal year, with additional funds to be requested as part of the FY2015-16 Budget to complete the project. MEASURE AA Development of the Bear Creek Stables Site Plan and initial stable improvements were included in the Board-adopted five-year Measure AA Project List (#21-4). The Preserve Plan is not a Measure AA project, since it is a comprehensive planning document. However, implementation of capital improvements that will be identified in the Preserve Plan will be eligible. These improvements fall under Bear Creek Redwoods Public Access Improvements (#21-5) and would follow Preserve Plan adoption. The first set of capital improvements are included as part of the proposed FY2014-15 Action Plan. R-15-25 Page 2 BACKGROUND In 2000, the District acquired a 260-acre property as an addition to Bear Creek Redwoods Open Space Preserve (Preserve) that included an equestrian stable. The Preliminary Use and Management Plan for the property called for the continued operation of the Stables, which has been operating on a month-to-month basis since 2000. The District is interested in entering into a long-term lease to facilitate tenant investment in long-term site improvements to better protect the surrounding natural resources and extend the life of the existing lease structures. Prior to executing a long-term lease, a Site Plan is needed that specifies the District’s resource management and public access goals. In December 2014, staff presented a proposed Stables Site Plan concept to the Planning and Natural Resources (PNR) Committee (R-14-151). The Committee agreed in concept that the Site Plan should include a list of improvement standards, management standards, and capital improvement projects. The Committee also requested that the Site Plan include site design alternatives, public programs and access facilities, and scenarios for the shared financial investment of improvements between the Stables long-term tenant and the District. Finally, the Committee confirmed staff’s recommendation to proceed with a Request for Proposals (RFP) to select a long-term tenant for the Stables and requested that staff prepare tenant selection criteria for Committee review and consensus prior to releasing the tenant RFP. The Preserve Plan was added to the Planning Department’s FY 2014-15 Action Plan at Midyear (See Report 14-154). In addition, the Board also approved a new Capital Project Manager position at Midyear to focus on implementation of public access projects at La Honda Creek and Bear Creek Redwoods Open Space Preserves, where these new public access projects are proposed for the Planning Department’s FY2015-16 Action Plan and Budget for Board approval in March. In order to complete an expedited yet comprehensive planning and CEQA process for the Preserve, and ensure that the additional public access associated with both the Stables Site Plan and Preserve Plan is adequately considered, additional planning support is needed. DISCUSSION Design assistance is needed from a qualified architect and/or landscape architect team, specifically with equestrian stables design and site planning experience, to develop site design alternatives that will meet the following goals for Bear Creek Stables: 1) Emphasize the protection of the site's natural resources; 2) Maximize public benefits by broadening public access and use of the facility; and 3) Develop a viable plan that is financially feasible for both parties (tenant and District). A RFQP was released on January 8, 2015 via direct email and posting to the District website. Four proposals were received as shown below. Based on the initial proposal evaluation, three of the firms were selected for interviews on January 29. Firm Location Proposal Amount BFS Landscape Architect Monterey, CA $39,840 Equine Facility Design Portland, OR $87,067* Farm+Barn Design Hillsboro, OR $33,080 R-15-25 Page 3 Populous San Francisco, CA $56,320 * Equine Facility Design’s proposal includes $22,250 for supplemental CEQA services not included in other firms’ proposals. In this RFQP selection process, Populous was identified as the most qualified team based on their extensive experience with both municipal and equestrian facility planning and design projects. In particular, their design approach will emphasize facility management planning with the goal of developing a financially viable stables facility. The Stables Site Plan project’s budget was estimated to be approximately $40,000. Fee proposals were submitted separately, and were considered after the initial evaluation of the firm’s qualifications. The initial fee proposal submitted by Populous was $56,320. Staff worked with Populous to modify the scope of services and reduce the anticipated fee proposal by 13.6% to $48,650, which is an excellent value for their level of expertise and related project experience. The General Manager therefore recommends entering into a contract with Populous to provide consultant services in support of the Stables Site Plan. Following the review of the proposals, and prior to the release of this Board Report, the Action and Budget Committee (ABC), as part of the FY2015-16 Action Plan and Budget review process, asked the General Manager to identify options for expediting the completion of the Preserve Plan with the goal of opening a portion of the Preserve to public access by 2016. The ABC subsequently confirmed a preferred option that will be brought to the full Board for review and consideration as part of the Action Plan and Budget review in February. This option includes an increase in the total project budget to contract for outside planning resources to expedite the project. According to the District’s Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy (Revised January 27, 2010), the General Manager may select a consultant from a current list of pre-qualified consultants to perform additional similar professional services. Consistent with this policy and to expedite the consultant hiring process for the Preserve Plan project, staff also evaluated the qualifications each of the four proposers listed above to determine if any could be deemed qualified to assist with the Preserve Plan and CEQA analysis. The Populous team demonstrated clear qualifications for this additional scope of work based on their proven expertise in leading successful parks planning efforts, including the Tuolumne River Regional Park Precise Plan and the Ocean Beach Master Plan, as well as extensive CEQA experience. Furthermore, having the same consultant team leading both the Stables Site Plan and Master Plan efforts will provide a holistic approach to introducing public access at the Preserve, and will create efficiencies that save both time and money. Therefore, the General Manager recommends that the Populous contract be expanded to include the Preserve Plan. FISCAL IMPACT The FY2014-15 Long Range Planning Budget includes sufficient funds to cover the work that will be completed on the Stables Site Plan and Preserve Plan through the end of this fiscal year. The necessary additional funds to complete the work will be requested as part of the proposed FY2015-16 Action Plan and Budget. R-15-25 Page 4 BOARD COMMITTEE REVIEW The planning process for developing a long-term Site Plan and lease for Bear Creek Stables was presented to the PNR Committee on August 27, 2013 and December 02, 2014. The accelerated schedule for the Bear Creek Redwoods Preserve Plan and CEQA review was presented to the ABC Committee on February 5, 2015, where the Committed provided direction to the General Manager to proceed with the development of two separate Plans and two separate CEQA documents (one for a Public Access Plan and one for Alma College Site Rehabilitation Plan). Previously the Sierra Azul/Bear Creek Redwoods Preserve Master Plan Ad Hoc Committee reviewed the Draft Sierra Azul/Bear Creek Redwoods Master Plan Alternatives before the project was deferred by the Board in 2009. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Contracting professional services to plan and design facilities and other public access elements is not considered a project under CEQA. CEQA analysis of these projects is a component of the proposed contract and will be implemented according to the schedule below. NEXT STEPS Development of the two separate projects, the Site Plan and Preserve Plan will include periodic review and input from the PNR Committee, as shown below: Task Date Continue the development of the Stables Site Plan, including site design alternatives, and update/finalize Preserve-wide public access plan Winter 2014-15 PNR Committee reviews the draft Stables Site Plan. Neighborhood Meeting for the Preserve Plan. April 2015 Board considers approval of the Stables Site Plan and Preserve Plan as the CEQA Project Description for purposes of completing environmental review May 2015 Conduct CEQA Review Spring/Summer 2015 PNR Committee reviews the draft Stables tenant selection criteria prior to releasing the Request for Proposals (RFP) Early Summer 2015 Release RFP for Tenant Selection (concurrent with CEQA) Summer 2015 Board of Directors considers approval of the Stables Site Plan and Preserve Plan, adoption of the CEQA Findings and Stables Lease Agreement Fall 2015 Initiate Design of Phase I Public Access Improvements Fall 2015 Open a portion of the Preserve to Public Use Fall 2016 R-15-25 Page 5 Responsible Department Head: Jane Mark, AICP, Planning Department Manager Prepared by: Gretchen Laustsen, Planner II Lisa Bankosh, Planner III Contact person: Gretchen Laustsen, Planner II R-15-28 Meeting 15-04 February 11, 2015 AGENDA ITEM 5 AGENDA ITEM Informational Report on the Outreach and Communication Plan for Fiscal Year 2015-16 GENERAL MANAGER’S RECOMMENDATION Receive an informational report by Shelly Lewis, Public Affairs Manager. DISCUSSION Shelly Lewis, the District’s Public Affairs Manager, will present the Public Affair’s Outreach and Communication Plan for 2015, highlighting partnership and program development and outreach opportunities for Board Members and staff. FISCAL IMPACT None BOARD COMMITTEE REVIEW This item was not previously reviewed by a Committee. The full Board confirmed the importance of having the District continue its strong outreach and communication to the public, partners, and other stakeholders as part of the Strategic Plan discussion at a Board Retreat that was held on October 28, 2014. 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 The Public Affairs Department will incorporate Board feedback into the Outreach and Communication Plan and begin executing the Plan in FY2015-16. R-15-28 Page 2 Responsible Department Head: Ana Ruiz, Assistant General Manager Prepared by: Shelly Lewis, Public Affairs Manager R-15-19 Meeting 15-03 February 11, 2015 AGENDA ITEM 6 AGENDA ITEM Proposed Purchase of the Riggs Property as an addition to Purisima Creek Redwoods Open Space Preserve located at the end of Lucy Lane in unincorporated San Mateo County (Assessor’s Parcel Number 066-320-120). GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Riggs’ property. 3. Adopt a Preliminary Use and Management Plan for the property as contained in the staff report. 4. Indicate the intention to withhold the Riggs property as public open space. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 40.2-acre Riggs property at a 50% bargain sale purchase price of $362,500 as an addition to the Purisima Creek Redwoods Open Space Preserve (Preserve). The following report presents a description of the Riggs property, a Preliminary Use and Management Plan, the District’s environmental review, the purchase terms and conditions, and financial considerations. The proposed purchase is identified as part of Measure AA Project # 3.1. The Fiscal Year 2014-15 Budget contains sufficient funds to cover the cost of this purchase. MEASURE AA The purchase of the Riggs property would further the District’s Vision Plan Priority Action Items and Measure AA Projects. A 5-year Measure AA Project List was approved by the Board at the October 29, 2014 meeting, which includes Project #3.1 (Complete the Purisima-to-the-Sea Trail to connect the Bay Area Ridge Trail to the California Coastal Trail. Protect and Restore Lobitos Creek). This project meets the criteria to further the goals of Project #3.1 as it conserves open space, protects beautiful scenery and panoramic views, protects the Lobitos Creek watershed resources and its wildlife habitats, and a desirable addition to the Preserve. R-15-19 Page 2 DISCUSSION The Riggs property is adjacent to the 4,712-acre Purisima Creek Redwoods Open Space Preserve and drains into the Lobitos Creek watershed. The property is highly visible from Bald Knob and Lobitos Ridge within Purisima Creek Redwoods Open Space Preserve. Rising approximately 707 feet in elevation, the unimproved property has panoramic views of the Pacific Ocean, Lobitos Creek watershed, Lobitos Ridge, Bald Knob, and the western Santa Cruz Mountains. Property Description and Regional Context (see attached map) The 40.2-acre Riggs property is located at the eastern terminus of Lucy Lane, a private unimproved road off of Verde Road, in an unincorporated area of San Mateo County. The property is approximately seven miles south of the City of Half Moon Bay. The rectangular shaped parcel is bounded by the October Farm addition to the Preserve to the north (see report 3- 12-30), by private parcels to the east and south, and is in proximity to the Purisima to-the-Sea Trail Corridor. California Highway 1 is approximately one half mile to the west. The property’s parcel was created in the 1970s as part of the subdivision of a 184-acre property historically known as the Bell Ranch, which included a small dairy operation near Verde Road. The subdivision created Lucy Lane and a small graded pad area in the northern portion of the property. The property has been held under the current recorded title since the late 1970s. Two parcels with residences set at lower elevations along Lucy Lane adjoin the property to the south, and west. A residential parcel to the east is accessible from Lobitos Cut-Off Road. The property is characterized by rolling upland grasslands, coastal scrub, and steep brushy canyons within the Lobitos Creek watershed. Twinberry, coyote brush, and other species in the coastal shrubland plant association grow on the property’s slopes, with grassy meadows on the flatter plateaus. The property mostly drains to Rogers Gulch to the north east, a seasonal tributary to Lobitos Creek. Lobitos Creek provides spawning and rearing habitat for steelhead trout and resident rainbow trout. The riparian corridor includes dense groves of alders and willows and other riparian plants. The property provides varied habitat, forage, and unimpeded movement for local species. A wide variety of birds frequent the property to hunt, including Black Shouldered Kite, and Cooper’s and Sharp-Shinned Hawks. Improvements and Land Use The property is vacant, undeveloped, and contains no residential or agricultural structures. There is an unused well near the southerly boundary of the property with a reported flow of less than 2 gallons per minute. A historic spring box is located uphill of the well. The spring provides good flow. The adjacent residential property owner to the southwest uses the spring for irrigating a portion of their property and filling wildlife water troughs. An existing fence line lies along the south and western boundary of the property. There are no municipal utilities and no septic system is present. An active spring is located on the hillside near the southeastern boundary. Access to the property is via a deeded 50-foot-wide dirt and gravel access road easement known as Lucy Lane, off of Verde Road that is in good condition. Electrical service to adjacent parcels is underground and available to the property within the Lucy Lane access easement. COASTSIDE PROTECTION PROGRAM PROCESS The Riggs property is within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area (Service Plan), adopted June 2003. The Service Plan and R-15-19 Page 3 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 solicitation of public input into the planning process prior to the Board’s consideration of an acquisition. On January 8, 2015, the District notified contiguous property owners and interested parties in writing of the intent to acquire the property and on opportunities to provide comment. On January 13, 2015, the District’s Real Property Committee held their publically-noticed meeting on the site (please refer to section on Board Committee Review for more information). The District’s coastside land purchases are subject to a Memorandum of Understanding between the San Mateo County Farm Bureau and the Midpeninsula Regional Open Space District. In accordance with this memorandum, District staff presented information and solicited comments on the proposed purchase of the Riggs property at a Farm Bureau meeting on February 2, 2015. The Farm Bureau was generally supportive of the purchase and provided additional historical information about past agricultural use of the property. There has been no agricultural use on the property over the last 35 years. USE AND MANAGEMENT Planning Considerations The property is comprised of one legal parcel, located in unincorporated San Mateo County, within the sphere of influence of the City of Half Moon Bay. The 40.2-acre parcel has a General Plan designation of Agriculture-Grazing, with a zoning designation of PAD-CD (Planned Agriculture District - Coastal District). Per the zoning designation, only one dwelling unit or non-agricultural use is permitted per parcel. No applications are on file. According to the California Farmland Mapping and Monitoring Program, the property is suitable for grazing. However, no grazing or other agricultural use has occurred on the property in over 35 years and the property is not under voluntary restrictions of the Land Conservation Agreement under the California Land Conservation Act of 1965 (Williamson Act). Per the San Mateo County General Plan, recreation, open space, and natural preserves are allowable uses in rural land use areas with a PAD-CD designation. Per Zoning Regulations Section 6353, any development related to recreational use in a PAD is subject to the issuance of a Planned Agricultural Permit. When purchased, the property will be incorporated into Purisima Creek Redwoods Open Space Preserve and the proposed Preliminary Use and Management Plan will be implemented. When undertaken, a subsequent planning process will analyze opportunities for natural resource management and public use compatible with surrounding rural land use. Further environmental review will be prepared as needed. Subsequent planning will also be done in accordance with the District’s Coastside Protection Program Service Plan, including consultation with appropriate agencies and organizations. Preliminary Use and Management Plan The Preliminary Use and Management Plan (PUMP) establishes a status quo land management approach in the interim between the purchase and the completion of a subsequent long-term plan. R-15-19 Page 4 The PUMP will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan or Preserve Plan is approved for Purisima Creek Redwoods Open Space Preserve. The PUMP includes site security, new signage, and maintenance of the property in its natural condition, as described more fully below. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Designate the property as closed to public use at this time. Issue neighbor permits on a case-by-case basis allowing hiking use consistent with historical use patterns. Signs and Site Security: Fences and Gates: Roads and Trails: Patrol: Install Preserve boundary and closed area signs, where appropriate. Install gates/fencing as necessary to prevent unauthorized vehicular entry. Maintain access route through site in a serviceable condition. Implement maintenance and minor erosion and sediment control measures for access roads in accordance with District and Service Plan standards. Routinely patrol property using existing access. Structures and Improvements: Monitor the spring located on the property. Consider issuing a revocable license under the General Manager’s authority with the adjacent private property owner for continued use and maintenance of the spring water system on the property. Assess whether to secure or decommission the well located on the property. Resource Management: Conduct invasive plant and animal management activities consistent with the District’s standard policies and procedures. Wildfire Fuel Management: Implement standard District-wide fuel management and defensible space practices. Site Safety Inspection: No evidence of hazardous materials detected. Coordinate with adjacent landowner to remove wood debris pile and tractor implement before close of escrow that was stored on property. Name: Name the property as an addition to Purisima Creek Redwoods Open Space Preserve. Dedication: Indicate your intention to withold the subject property as open space. CEQA COMPLIANCE Project Description The project consists of the purchase of the 40.2-acre Riggs property as an addition to the District’s open space preserve system, concurrent adoption of a Preliminary Use and R-15-19 Page 5 Management Plan, and minor work to establish and maintain District boundary identification. Minor erosion control and sediment control measures in accordance with District and Service Plan standards may be conducted along the existing access route to prevent erosion and water quality degradation. Minor resource management activities may be conducted to control invasive plants. The land would be permanently preserved as open space and maintained in a natural condition. The property is within the boundaries of the District’s Service Plan for the San Mateo County Coastal Annexation Area. The Service Plan and Final Environmental Impact Report (FEIR) incorporated policies, guidelines, and mitigations to ensure compatibility with the County General Plan and Local Coastal Plan. Actions proposed to purchase the property and implement the Preliminary Use and Management Plan are in compliance with the Service Plan and FEIR. Uses proposed are in compliance with the San Mateo County’s General Plan. CEQA Determination 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 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest in order to maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure that the open space will be preserved. The Preliminary Use and Management Plan ensures that the property is preserved as open space by incorporating it into the Purisima Creek Redwoods Open Space Preserve. Section 15061(b)(3) exempts actions recommended in the Preliminary Use and Management Plan as it has been determined that there is no possibility the recommended actions will have a significant effect on the environment. TERMS AND CONDITIONS The 40.2-acre Riggs property is proposed for purchase on a 50% bargain sale basis at a price of $362,500 or approximately $9,017 per acre. The property has fair market value determined to be $725,000 based upon an independent appraisal commissioned by the District, The property would be purchased on an all cash and “As-Is” basis at the close of escrow. R-15-19 Page 6 BUDGET CONSIDERATIONS FY2014–2015 Budget for New Land Purchases: New Land Purchases Budget (Mid-Year FY 2014-2015Adjusted Amount) $8,500,000.00 Land approved for purchase this year ($3,980,000.00) Riggs Property ($ 362,500.00) New Land Purchase Budget Remaining $4,157,500.00 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. Current Coastside Protection Area Fiscal Considerations The property is not located within the service area of San Mateo County Fire or the La Honda- Pescadero Unified School District. Therefore, the District is not required to pay any County Fire or La Honda-Pescadero School fees. Installation of boundary demarcation and gates/fencing as necessary to prevent unauthorized vehicular entry is estimated at $10,000 and are included in the Real Property budget for FY2014- 15. No other capital costs are required as part of the purchase. BOARD COMMITTEE REVIEW The District’s Real Property Committee held a meeting on the property January 13, 2015 with neighbors and interested members of the public to familiarize themselves with the property and receive public input on the proposed purchase. Notice of the meeting was distributed on January 8, 2015 to property owners of land located adjacent to or surrounding the property and interested parties. Two of the three members of the Real Property Committee were in attendance. Four members of the public attended the meeting, including three neighbors who reside on Lucy Lane. Staff provided a tour of the property, described how it would be managed as an extension of the adjacent Preserve, and reviewed the proposed preliminary use and management plan and the purchase terms. The neighbors offered their support for the purchase. The Real Property Committee approved recommending this purchase to the full Board of Directors in a vote of 2-0. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property, the Coastside Protection Area mailing list, and attendees of the January 8, 2015 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, staff would proceed with the close of escrow for the purchase of the property and take the next steps identified in the Preliminary Use and Management Plan as contained in this report. The District’s Skyline Field Office would manage the property as an addition to Purisima Creek Redwoods Open Space Preserve. R-15-19 Page 7 Attachments: 1. Resolution – Authorizing Acceptance of Purchase Agreement, Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Purisima Creek Redwoods Open Space Preserve - Lands of Riggs) 2. Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Michael Williams, Real Property Manager Elish Ryan, Real Property Planner III Graphics prepared by: Jon Montgomery, GIS Intern RESOLUTION 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE - LANDS OF RIGGS) The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Bargain Sale Purchase and Sale Agreement between Henry E. Riggs and Gayle C. Riggs, as Trustees, or their Successor(s) Trustee(s) under the Revocable Trust Agreement dated December 8, 1982 as amended and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein (“the Riggs Property”). SECTION TWO. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. SECTION THREE. The General Manager or the General Manager’s designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. SECTION FOUR. The General Manager or the General Manager’s designee is authorized to expend up to $15,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. SECTION FIVE. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. 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 Attachment 1 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 Attachment 1 V e r d e R d TunitasCreekRd Lobitos Cree k R d Lobit o s C r e e k C u t - o f f PurisimaCreekPuri s i m a C reek T u n i t a sCreek L u cyLn0 80 0 6 0 0 200 400 800 6 0 0 800 800 800 600 20 0 Midpeninsula RegionalOpen Space District Proposed Riggs Property Addition to Purisima Creek Redwoods Open Space Preserve December, 2014 Pa t h : G : \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ R i g g s \ b o a r d _ p a c k e t \ R i g g s _ P r o p e r t y . m x d Cr e a t e d B y : j m o n t g o m e r y 0 0.50.25MilesI (MROSD) Other Protected Open Spaceor Park Lands Non MROSD Conservation or Agricultural Easement MROSD Preserves Private Property Developed Land While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features. ! ! ! ! Area ofDetail £¤92 £¤1 PacificOcean £¤35 £¤84 £¤1 Riggs Property Purisima Creek Redwoods Open Space Preserve Tunitas CreekOpen Space Preserve Riggs PropertyAPN: 066-320-120 Half Moon Bay RogersGulch C o w e ll -P u ri s i m a T r a il PacificOcean LobitosCreek TunitasCreek Attachment 2 R-15-24 Meeting 15-04 February 12, 2015 AGENDA ITEM 7 AGENDA ITEM General Manager’s Purchasing Authority in Public Resources Code Section 5549. GENERAL MANAGER’S RECOMMENDATION Approve the concept of increasing the General Manager’s purchasing authority in Public Resources Code Section 5549 from $25,000 to $100,000 in order to achieve administrative efficiencies while maintaining competitive public contracting procedures, and direct the General Manager to work with the District’s state legislators to introduce legislation to make this change. SUMMARY Public Resources Code Section 5549 currently limits the General Manager’s purchasing authority to $25,000. Board of Directors’ approval is required to authorize contracts and other purchases above this threshold. This threshold has remained unchanged in statute since 2002 when it was increased from $10,000 to $25,000 for the District, East Bay Regional Park District, and Sonoma County Agricultural Preservation and Open Space District. As part of the District’s Financial and Operational Sustainability Model Study, Management Partners identified early in the study that increasing this threshold could create process and administrative efficiencies. By District policy, informal and formal public bidding procedures would continue to apply based on the new threshold. Staff estimates that up to 600 hours of staff time per year in the preparation of Board reports could be saved. Therefore, the General Manager recommends direction from the Board to work with the District’s state legislators to introduce legislation to increase this threshold in PRC Section 5549. DISCUSSION Typically, General/City/County Manager spending authority is delineated through a combination of enabling legislation (State law or Charter law) that sets the maximum threshold and the agency’s contracting policy, by which the legislative body grants authority to the General/City/County Manager up to, but not exceeding the maximum authority. In the District’s case, the $25,000 limit is set in Public Resource Code 5500 (Section 5549(b)), and the Board grants this authority to the General Manager in Board Policy 3.03 “Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy.” PRC Section 5549(b) is provided below and Policy 3.03 is provided as Attachment 1. (b) With the approval of the board, the general manager may bind the district, in accordance with board policy, and without advertising, for the payment for supplies, materials, labor, or other valuable consideration for any purpose, other R-15-24 Page 2 than new construction of a building, structure, or improvement, in amounts not exceeding twenty-five thousand dollars ($25,000), and for the payment for supplies, materials, labor, or other valuable consideration for new construction of a building, structure, or improvement, in amounts not exceeding twenty-five thousand dollars ($25,000). All expenditures shall be reported to the board of directors at its next regular meeting. Through the research completed by Management Partners as part of the Financial and Operational Sustainability Model Study, a number of areas were identified as opportunities for improvement. One area was the purchasing authority of the General Manager should be increased to reduce the amount of staff time required to prepare final contract authorization board reports and to save staff time associated with the difference between formal and informal public bidding procedures per District policy. A brief staff analysis estimates that a final contract award report to the board for authorization requires an estimated 8-16 hours of staff time to prepare and present. Based on the number of contracts between $25,000 and $100,000 in recent years, and projecting a two- to three-fold increase in future years related to the District’s anticipated growth and Measure AA implementation, increasing the General Manager’s purchasing authorization amount to a $100,000 threshold could save up to 720 hours of staff time, or, in other words, up to 90 days of work. This calculation does not include the more significant time savings that might be realized for implementing an informal bid process compared to a formal bid process at an increased threshold as prescribed by District policy and in compliance with contracts law. Historically, smaller PRC 5500 parks and open space agencies other than the District, East Bay Parks, and Sonoma County Agricultural Preservation and Open Space District had a purchase authorization threshold of $10,000. In 2013-14, Assembly Bill 745 (Levine) raised the threshold for all of these 5500 agencies to $25,000. However, the size of East Bay Park’s and the District’s budgets and number of projects continues to be significantly larger than most of the other 5500 agencies, suggesting an increased threshold may once again be warranted. It is also worth noting that the purchasing authority granted in neighboring cities, as well as County- dependent parks agencies, is much higher than $25,000. Research performed by the City of Mountain View in 2010 showed that the average contracting authority threshold for public works projects in the 14 cities in Santa Clara County was $86,500, with eight of the 14 at $100,000 or higher. Based on this research, Mountain View raised their threshold from approximately $40,000 to $100,000 at that time. Section II of the attached Board policy discusses Solicitation of Bids. The proposed legislation is not intended to change these processes. The District would still be required by Board policy to utilize competitive bidding processes. If state legislation was successful at raising the threshold, the General Manager would anticipate returning to the Board at a future date to revise the District’s bidding policy to incorporate the new threshold. At the time of this review, the Board could evaluate whether to utilize different thresholds for different types of contracts, such as services and supplies, construction, or professional service contracts. East Bay Regional Park District has also expressed interest in increasing the PRC Section 5549 purchasing authority threshold. R-15-24 Page 3 FISCAL IMPACT There is no fiscal impact associated with the General Manager’s recommendation. If state legislation is successfully introduced and passed raising the PRC Section 5549 purchasing threshold, and the District policy subsequently revised to reflect the new threshold, there would be a positive fiscal impact to the District through increased staff time efficiency. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS If the Board approves the General Manager’s recommendation, staff will work with the District’s state legislators to introduce legislation. If state legislation was successfully passed raising the PRC Section 5549 purchasing threshold, the General Manager would return to the Board at a future time to revise District Policy to implement the new authority threshold. Responsible Department Head: Steve Abbors, General Manager Prepared by: Kevin S. Woodhouse, Assistant General Manager Shelly Lewis, Public Affairs Manager Midpeninsula Regional Open Space District Board Policy Manual Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy Policy 3.03 Chapter 3 – Fiscal Management Effective Date: 7/24/02 Revised Date: 11/13/13 Prior Versions: 12/16/09, 1/27/10 Board Policy 3.03 Page 1 of 9 Purpose The purpose of this policy is to ensure that the District obtains quality services, supplies, material and labor at the lowest possible cost, and to provide a uniform method for procurement of services and supplies. In addition, through proper documentation, conformance to this Policy will enable the District's constituents to know that their public funds are being spent responsibly, and potential vendors and contractors to know that they are being treated equitably. I. PURCHASING AUTHORITY There are three levels of authority for purchases: Board Approval, General Manager Approval and General Manager Delegated Approval. The maximum purchasing authority amounts refer to the total price of an order, including tax and/or shipping, which may include more than one item and also includes change orders and contract amendments. As used in this Policy, the term “purchasing” refers collectively to contracting or procurement of services, supplies, material or labor, including Capital Improvements. A. Board Approval for Purchases In Excess of $25,000 If the cost for furnishing services, supplies, materials, labor, or other valuable consideration to the District will exceed Twenty-Five Thousand Dollars ($25,000), approval from the Board of Directors is required prior to entering into the contract. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct a building, structure, or improvement using District personnel. 1. Signature Contracts which have been approved by the Board shall be signed by the General Manager, or in the General Manager’s absence, the Acting General Manager, unless the Board has directed that the President sign on behalf of the District. The District Clerk shall sign all such contracts and affix the seal of the District. Attachment 1 Board Policy 3.03 Page 2 of 9 B. General Manager Approval for Purchases Not Exceeding $25,000 Pursuant to Public Resources Code 5549, the General Manager may obtain bids without advertisement or published notice inviting bids and may authorize and execute contracts for payment for services, supplies, material, labor, or other valuable consideration for any purpose, including the new construction of any building, structure, or improvement, in an amount not exceeding $25,000. Such expenditures shall be reported to the Board of Directors at its next regular meeting, and may be reported on the Board’s Claims List. 1. Administrative Purchasing Policy/Procedure The General Manager shall issue an Administrative Purchasing Policy/Procedure, which provides appropriate guidance to staff to ensure that all District purchases are made in accordance with this Policy and required documentation procedures are followed. C. General Manager Delegated Approval for Purchases Not Exceeding $15,000 1. The Assistant General Manager may be authorized, in writing, by the General Manager to approve purchases not to exceed $15,000. When acting as the General Manager, in his/her absence, the Assistant General Manager and Department Managers may be delegated the General Manager’s authority of $25,000. 2. The Department Managers may be authorized, in writing, by the General Manager, to approve purchases relating to his/her area of responsibility not to exceed $10,000. 3. The General Counsel, Assistant General Counsel, and Area Superintendents may be authorized, in writing, by the General Manager to approve purchases not to exceed $5,000. The General Manager shall issue written delegation of purchasing authority to those job classifications whose duties include making purchases within his or her area of responsibility. Purchasing authority limits shall be consistent with this Policy. Such written delegation of purchasing authority shall include the authority to execute contracts, purchase orders, and other documents necessary to approve a purchase within the employee’s purchasing authority. D. Construction Change Orders Staff may issue change orders to a construction contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent (15%) of the original contract price, and does not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. Attachment 1 Board Policy 3.03 Page 3 of 9 II. SOLICITATION OF BIDS A. Solicitation of Formal Advertised Bids for Expenditures Exceeding $25,000 When any expenditure is expected to exceed $25,000, the District shall publish a notice inviting bids a minimum of one week prior to the time of receiving bids, in a general circulation newspaper published in the District. This type of formal bidding process typically includes the issuance of written plans or specifications describing the goods or services to be provided and the receipt of written bids from the vendors involved. Solicitation of formal bids from a minimum of three vendors is required. Following Board approval, the contract shall then be executed by the General Manager (or the Acting General Manager in his/her absence,), unless the Board President’s signature is required. The Contract shall be awarded to the lowest responsible, responsive bidder, except as otherwise provided in this Policy. B. Solicitation of Three Written Bids for Expenditures Exceeding $10,000 but Not Exceeding $25,000 When any expenditure is expected to exceed $10,000, but not exceed $25,000, the District shall solicit written proposals from a minimum of three (3) vendors. The General Manager, Assistant General Manager, or Acting General Manager’s approval of the contract or purchase order is required as applicable under this Policy. C. Solicitation of Three Verbal Quotes for Expenditures Exceeding $5,000 but Not Exceeding $10,000 When any expenditure is expected to exceed $5,000, but not exceed $10,000, the staff member responsible for the purchase is to solicit a minimum of three (3) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. D. Solicitation of Two Verbal Quotes for Expenditures Exceeding $3,000, but Not Exceeding $5,000 When any expenditure is expected to exceed $3,000, but not exceed $5,000, the staff member responsible for the purchase is to solicit a minimum of two (2) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. E. Expenditures Not Exceeding $3,000 Staff members shall obtain competitive cost information, whenever reasonably feasible, for any District purchase even though formal cost quotations are not required for goods or services costing $3,000 or less. Attachment 1 Board Policy 3.03 Page 4 of 9 III. EXCEPTIONS TO STANDARD PURCHASING PROCEDURES A. Emergency Conditions An emergency is defined as a breakdown in machinery or equipment resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to, threatened damage to natural resources. In the case of an emergency requiring an immediate purchase, the General Manager may authorize the Assistant General Manager or Department Manager or his/her designee to secure in the open market, at the lowest obtainable price, any services, supplies, material or labor required to respond to the emergency, regardless of the amount of the expenditure. The General Manager shall, as soon as possible, provide a full written explanation of the circumstances to the Board. In the case of a disaster or for civil defense, nothing contained in this Policy shall limit the authority of the General Manager to make purchases and take such other emergency steps as are, or may be, authorized by the Board. B. Limited Availability/Sole Source Occasionally, necessary supplies, material, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a required and specific design or construction, or are specifically necessary for purposes of maintaining cost effective system consistency, so as to be available from only one source. After reasonable efforts to find alternative suppliers, the District may dispense with the requirement of competitive bids and recommend negotiating and making the purchase from the sole source. The basis for the sole source recommendation shall be documented in writing and approved, in advance, by the Board for purchases exceeding $25,000, and the General Manager or another authorized District employee, as designated in this Policy, for purchases not exceeding $25,000. C. Cooperative Purchasing The District shall have the authority to join in cooperative purchasing agreements with other public agencies, (e.g. the State of California, Santa Clara County or San Mateo County), to purchase goods or services at a price established by that agency through a competitive bidding process. The General Manager, or Assistant General Manager in his/her absence, may authorize and execute such cooperative purchasing agreements. 1. Purchases Exceeding $25,000 The formal competitive bidding procedures of Section II.A. for purchases exceeding $25,000 are not required when the other public agency has secured a price through a formal, advertised competitive bidding process. Board approval is required prior to purchase. Attachment 1 Board Policy 3.03 Page 5 of 9 2. Purchases Not Exceeding $25,000 The bidding procedures of Section II. B. for purchases not exceeding $25,000 are not required when the other public agency has secured a price through a competitive bidding process. Approval from the General Manager or his/her authorized designee is required prior to purchase. D. Professional Services Professional consultant services are of a technical and professional nature, and, due to the nature of the services to be provided, do not readily fall within the “low bid” competitive bidding process. In addition, State law requires that selection of professional consultants in the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consulting be made on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable. Professional services agreements shall not be split into smaller units, nor shall contract amendments be used, for the purpose of circumvention of this Policy. As used in this Policy, “professional service agreement” shall mean and include all professional service agreements, which are part of or related to the same project or program for which the consultant is being retained, and annual service agreements to provide services on an ongoing basis in any fiscal year. This policy shall include, but not be limited to, services in the following fields: Engineering (for example, civil, acoustical, mechanical, electrical, structural, and traffic) Architecture Landscape Architecture Construction Management City and Regional Planning Economic Analysis Property Appraisals/Analysis Property Acquisition Financial Services Data Processing Services Project Management Environmental Planning and Analysis Land Surveying Legal Services Personnel Consultants/Facilitators/Coaches Recruitment Services Safety Services Trainers Attachment 1 Board Policy 3.03 Page 6 of 9 1. Selection Procedures for Professional Services in Excess of $25,000 When the cost for professional services is expected to be in excess of $25,000, the District shall prepare a Request for Qualifications (RFQ) outlining the professional’s qualifications, relevant experience, staffing and support and hourly rates as a basis for negotiating a contract or a Request for Proposal (RFP) outlining the terms, conditions and specifications of the services required by the District. A minimum of three (3) qualified firms or individuals shall be invited to submit proposals. District staff will review the proposals received, will select the most qualified firms for interviews, and will rank the consultants based upon the following criteria: i. Ability of the consultants to perform the specific tasks outlined in the RFP/RFQ. ii. Qualifications of the specific individuals who will work on the project. iii. Amount and quality of time key personnel will be involved in their respective portions of the project. iv. Reasonableness of the fee requested to do the work; comparability of fee to similar services offered by other qualified consultants. v. Demonstrated record of success by the consultant on work previously performed for the District or for other public agencies or enterprises. vi. The specific method and techniques to be employed by the consultant on the project or problem. vii. Ability of the consultant to provide appropriate insurance in adequate amounts, including errors and omissions if applicable. For the categories of architects, landscape architects, engineers, surveyors, construction managers, and environmental consultants, initial selection of the most qualified and competent consultants shall not include the cost criteria listed in Section III. D.1. iv of this Policy. After staff has determined the most qualified and competent consultants, this cost criteria shall be considered in negotiating a professional services agreement with and final selection of the consultant. 2. Selection Procedures for Professional Services in Excess of $10,000 but Not Exceeding $25,000 District staff shall solicit written proposals from a minimum of three (3) qualified consultants. A formal RFP/ RFQ is not required. The selection shall be based upon the criteria noted in Section III. D.1. The General Manager or his/her authorized designee may approve the selection and execute the agreement. 3. Selection Procedures for Professional Services in Excess of $3,000 but Not Exceeding $10,000 District staff shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone or letter, contact at least three (3) qualified Attachment 1 Board Policy 3.03 Page 7 of 9 consultants and request them to submit a proposal either orally or in writing. Oral proposals shall be memorialized in writing, pursuant to the Administrative Purchasing Policy/Procedure. The selection shall be based upon the criteria noted in Section III. D.1. The authorized Department Manager or other authorized District employee may approve the selection and execute the agreement. 4. Renewal of Contracts with Professional Consultants The District may, at its sole discretion, and after following required consultant selection procedures, enter into consultant agreements which contain provisions authorizing their extension or renewal. However, recommendations to extend or renew an existing contract with a professional consultant should include an annual written evaluation of the work performed by the consultant as well as a determination that the fees being charged are comparable to similar services offered by other consultants at the time of renewal or extension. If the total amount of the original and renewed contract in any one fiscal year does not exceed $25,000, the General Manager or his/her authorized designee may execute the agreement. If the total amount exceeds $25,000, the request must be approved by the Board. 5. Conflict of Law These procedures are not applicable where superseded by local, state or federal law, where the terms of grant funding provide for the use of other consultant selection procedures, or where the District is obligated to select consultants through the use of different procedures, such as due to the requirements of an insurance or self-insurance program. 6. Special Circumstances These procedures are not applicable when three (3) qualified firms or individuals are unavailable, or if it is appropriate and in the best interest of the District under the specific circumstances of the project at issue, to limit the number of consultants solicited. The basis for such action shall be documented in writing and approved by the General Manager, the Assistant General Manager, or the Acting General Manager in his/her absence. When Board approval is required, the documented basis for such action shall be included in the report to the Board. 7. Prequalified Consultant File When, after District staff has undertaken the selection procedures as set out in this Policy and determined that a consultant is qualified and competent in the performance of the professional services in the consultant’s category, District staff may maintain a current file of such consultants in their appropriate categories. For a period of two (2) years from determination of the qualification of such consultant, District staff may select such a prequalified consultant from the current file of prequalified consultants for the performance of professional services. Attachment 1 Board Policy 3.03 Page 8 of 9 E. Open Purchase Orders for Routine and Repetitive Supplies and Services Open purchase orders may be entered into with vendors who are expected to supply routine services, supplies, materials or labor to the District on a regular basis throughout the fiscal year (such as gasoline, discing, road maintenance, vehicle maintenance, printing, office supplies and field hardware). Open purchase orders shall be closed at the conclusion of each fiscal year. Vendors of repetitive supplies and services shall be selected through the competitive bidding procedures set out in Section II, based upon the anticipated or budgeted cumulative cost of the supply or service. Where competitive bidding procedures cannot feasibly be done, a comparison of vendors’ prices on representative sample items will be made and staff will provide written documentation of the price quotations used to select the vendor with the lowest cost, pursuant to the Administrative Purchasing Policy/Procedure. Multi-year contracts can be let only when appropriate and necessary to secure the best pricing or assure continuity of service. An annual review of the services and prices provided shall be documented by District staff to assure that the vendor is meeting the District’s needs and expectations and remains at a competitive price. Whenever feasible, multi-year contracts for service or supplies shall provide that the option to renew or extend the contract is at the District’s sole discretion. IV GENERAL PROVISIONS A. Conflict of Interest No District employee or official shall be financially interested, directly or indirectly, in any purchase, contract, sale, or transaction to which the District is a party and which comes before said official or employee for recommendation or action. Any purchase, contract, sale, or transaction in which any employee or official is or becomes financially interested shall become void at the election of the District. No employee or official shall realize any personal gain from any purchase, contract, sale, or transaction involving the District. B. Credit Cards The General Manager may approve the use of District credit cards for District purchases by authorized employees. The employee utilizing a credit card cannot exceed his/her purchasing authority, as authorized in this Policy and as delegated by the General Manager, and must follow the credit card procedures outlined in the Administrative Purchasing Policy/Procedure. District credit cards shall not be issued to individual members of the District Board of Directors. C. Purchase of Recycled Products District staff shall purchase recycled products whenever such products are available at equal cost to non-recycled products and when fitness and quality are equal. When recycled products are used, the supplier shall label the products to indicate that they contain recycled materials, and specify the minimum percentage of recycled material in the products. Attachment 1 Board Policy 3.03 Page 9 of 9 D. Violations of This Policy Employees are subject to disciplinary action up to and including termination for violation of this Policy. Attachment 1 R-15-26 Meeting 15-04 February 11, 2015 AGENDA ITEM 8 AGENDA ITEM Approval of Salary Adjustments and Amendments to Employment Agreements for the Board Appointees: General Manager, General Counsel and District Controller BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS 1. As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2013-14, the Board Appointee Evaluation Committee recommends the following compensation adjustments for its Board Appointees for Fiscal Year 2014-15: Adjust the General Manager’s base salary upward to $216,323; adjust the General Counsel’s base salary upward to $203,992; and adjust the Controller’s base salary upward to $45,153. 2. Adopt the attached resolutions approving the salary adjustments set out in Recommendation and authorizing the Board President to execute the commensurate related amendments to the Board Appointee Employment Agreements. 3. Adopt the attached resolution approving adjustments to the Employer Paid Member Contributions to the California Public Employees Retirement System DISCUSSION The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation process for its Appointees. The BAE Committee was instructed to serve as the District’s negotiator and met with the Board Appointees to discuss their performance and compensation. The Board has three appointees: the General Manager, the Controller, and the General Counsel. The Board, working through the BAE Committee, implemented this process and completed this year’s annual evaluation of the performance of its three Board Appointees, the General Manager, General Counsel and the Controller, during several meetings from July 29, 2014, to December 17, 2014. The Board was very pleased with the performance of its Appointees during the last fiscal year and resulting success of District programs and projects carried out as part of their duties. The accomplishments for FY2013-14, upon which the Appointees’ evaluations were based, were described in detail in the Year-End Review of the FY2013-14 Action Plan presented at the June 25, 2014 Board meeting. Further evaluation comments from the BAE Committee and the full Board were provided to each appointee during their performance evaluations. Based on these performance evaluations in FY2013-14, the BAE Committee recommends providing the General R-15-26 Page 2 Manager, General Counsel and Controller with base salary adjustments calculated to bring them closer to the median of the market resulting in a base salary of $216,323 per year for the General Manager; $203,992 per year for General Counsel; $45,153 per year for the Controller. As part of this agreement, the Board also requires the General Manager and General Counsel to increase their CalPERS retirement contributions from 6% to 8%. The BAE Committee recommends the General Manager receive a 2% cost of living adjustment, COLA, as of April 1, 2014, the beginning of the fiscal year, in keeping with past practice. The BAE Committee also recommends the General Manager PERS retirement contribution increase from 6% to 8% at the beginning of the first pay period following approval and as allowed by CalPERS. In addition, the BAE Committee also recommends a 2% adjustment to the General Manager’s base salary to bring his compensation closer to the median of like positions in comparator agencies. The result is new annual base salary of $216,323. In addition the Board is offering the General Manager a 5% one-time bonus of $10,816. The BAE Committee recommends that General Counsel received a 2% COLA increase as of April 1, 2013, the beginning of the fiscal year. The BAE Committee also recommends that General Counsel increase her PERS retirement contribution from 6% to 8% at the beginning of the first pay period following approval and as allowed by CalPERS. In addition, the BAE Committee recommends a 7% adjustment to the General Counsel’s base salary to bring her compensation closer to the median for like positions in comparator agencies. The result is a new annual base salary of $203,992. The BAE Committee recommends an increase salary to the District Controller in light of the increased time and effort the Controller has contributed to the District. The BAE Committee recommends a $12,000 salary increase resulting in a new annual salary of $45,153. In addition the BAE recommends a one-time bonus of $2,300. COMMITTEE REVIEW The recommended performance review and salary adjustments were thoroughly reviewed by the Board Appointee Evaluation Committee. FISCAL IMPACT For the General Manager: Total of the annual salary plus adjustment = $216,323 with a one-time 5% bonus of $10,816. For the General Counsel: Total of the annual salary plus adjustments = $203,992. For the Controller: Total of the salary plus adjustments =$45,453 with a one-time bonus of $2,300. PUBLIC NOTICE All public noticing requirements of the Brown Act have been met. No additional notice is necessary. R-15-26 Page 3 CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act (CEQA). NEXT STEPS If approved, the employment agreements will go into effect immediately, as of the beginning of the next pay period upon approval and as allowed by CalPERS. Attachments: 1. Resolution Approving Salary Adjustment and Amended Employment Agreement for the General Manager 2. Resolution Approving Salary Adjustment and Amended Employment Agreement for General Counsel 3. Resolution Approving Salary Adjustment and Amended Employment Agreement for the District Controller 4. Resolution Approving Adjustments to the Employer Paid Member Contributions to the California Public Employees Retirement System Submitted by: Board Appointee Evaluation Committee Director Cyr, Chair Director Harris Director Siemens Resolutions/2015/15-__GM Salary 1 RESOLUTION NO. 15-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT FOR THE DISTRICT GENERAL MANAGER WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Manager Employment Agreement (“Agreement”) with Stephen E. Abbors, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the General Manager’s performance, in recognition of his performance during Fiscal Year 2013-2014 and to bring his compensation closer to the comparable median, desires to grant the General Manager a 2.0 percent cost of living increase and an additional 2.0 percent adjustment to bring his base salary up to $216,323, along with a one-time bonus of 5 percent, $10,816. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution an adjustment to his base salary up to $216,323 retroactive to April 1, 2014 for Fiscal Year 2014-15, and authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District General Manager Employment Agreement reflecting that increase. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 Resolutions/2015/15-__GM Salary 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 Resolutions/2015/15-_ GC Salary 1 RESOLUTION NO. 15-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT FOR THE DISTRICT GENERAL COUNSEL WHEREAS, effective March 19, 2012, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Counsel Employment Agreement (“Agreement”) with Sheryl Schaffner, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of the General Counsel’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the General Counsel’s performance, in recognition of her performance during Fiscal Year 2013-2014 and to bring her compensation closer to the comparable median, desires to grant the General Counsel a 2.0 percent cost of living increase and an additional 7.0 percent adjustment to bring her base salary up to $203,992; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this resolution an adjustment to her base salary up to $203,992 retroactive to April 1, 2014 for Fiscal Year 2014-15, and authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District General Counsel Employment Agreement reflecting that increase. * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 2 Resolutions/2015/15-_ GC Salary 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 2 Resolutions/2015/15-_ DC Salary 1 RESOLUTION NO. 15-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT FOR THE DISTRICT CONTROLLER WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District Controller Employment Agreement (“Agreement”) with Michael L. Foster , employing him as the District's District Controller; and WHEREAS, the Agreement provides for an annual review of the District Controller’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the Controller’s performance, desires to grant him an upward adjustment to his base salary, bringing it up to $45,153 per year, along with a $2,300 one-time bonus in recognition of his performance during Fiscal Year 2013- 2014; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the Controller by adoption of this resolution an adjustment to bring his total base salary up to $45,153 per year, retroactive to April 1, 2014 for Fiscal Year 2014-15, and authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District Controller Employment Agreement reflecting that adjustment. * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 3 Resolutions/2015/15-_ DC Salary 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 3 Resolutions/2015/15-_ BAE-EPMC 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM WHEREAS, the governing body of the Midpeninsula Regional Open Space District has the authority to implement Government Code Section 20691; WHEREAS, the governing body of the Midpeninsula Regional Open Space District has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the Midpeninsula Regional Open Space District of a Resolution to commence said Employer Paid Member Contributions ((EPMC); WHEREAS, the governing body of the Midpeninsula Regional Open Space District has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Board of Appointees Class. • This benefit shall consist of paying 0% of the normal member contribution as EPMC. • The effective date of this Resolution shall be February 11, 2015. NOW, THEREFORE, BE IT RESOLVED that the governing body of the Midpeninsula Regional Open Space District elects to pay EPMC as set forth above. * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 4 Resolutions/2015/15-_ BAE-EPMC 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 4