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HomeMy Public PortalAbout20170809 - Agenda Packet - Board of Directors (BOD) - 17-18SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, August 9, 2017 Special Meeting starts at 5:30 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1.PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: General Counsel ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not on the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY •Introduction of staff o Trisha Marshall – Open Space Technician o Hayley Edmonston – Climate Resiliency Fellow O Omar Smith – Facilities Maintenance Supervisor Meeting 17-18 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 July 26, 2017 Minutes 2.Claims Report 3.Authorization to Award Contract to Ecological Concerns, Inc. for Invasive Weed Removal in FY2017-18, and FY2018-19 (R-17-103) Staff Contact: Coty Sifuentes, Integrated Pest Management Coordinator, Natural Resources General Manager’s Recommendation: 1.Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2.Authorize the General Manager to enter into a multi-year contract with Ecological Concerns, Inc. of Santa Cruz, California to provide invasive species management services in Purisima Creek Redwoods Open Space Preserve in FY2017-18 and FY2018-19 for a base contract amount of $46,000. 3. Authorize a 15% contingency of $6,900 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $52,900. 4.Revise and Renew Investment Authority (R-17-105) Staff Contact: Mike Foster, Controller General Manager’s Recommendation: 1.Revise the Statement of Investment Board Policy to classify investments in the non-renewable energy sector as not permitted 2. Adopt a resolution to renew the District Controller’s investment authority until August 8, 2018. 5.Contract Amendment with Lettis Consultants International, Inc. (LCI) for Geological Services for the Alma College Cultural Landscape Rehabilitation Project at Bear Creek Redwoods Open Space Preserve (R-17-102) Staff Contact: Lisa Bankosh, Planner III General Manager’s Recommendation: Authorize the General Manager to execute a contract amendment with LCI to complete geotechnical analysis at the former Alma College site at Bear Creek Redwoods, in an amount of $25,000 (which includes an allowance of $10,000 for unanticipated services), for a total not-to-exceed contract amount of $74,990. 6.Implementation of the Stipulation for Judgement and Final Order of Possession with Mount Umunhum Limited Partnership regarding Midpeninsula Regional Open Space District vs The Mount Umunhum Limited Partnership in Superior Court of the State of California for the County of Santa Clara (Case No. 15CV289553) (R-17-104) Staff Contact: Allen Ishibashi, Senior Real Property Agent General Manager’s Recommendation: Adopt a Resolution implementing the grant of an access easement over Mt Umunhum Road to the Mount Umunhum Limited Partnership, with corresponding authorization for a Fiscal Year 2017-18 budget increase of $441,000. 7.Establishing Fiscal Year 2017-2018 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B (R-17-100) Staff Contact: Andrew Taylor, Finance Manager General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to establish an ad valorem property tax levy of $0.90 per $100,000 (or $0.0009 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). 8.Update Board Policy 6.04 – Board Conference Attendance Policy and Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. (R-17-97) Staff Contact: Stefan Jaskulak, Chief Financial Officer General Manager’s Recommendation: Approve updates to Board Policy 6.04 – Board Conference Attendance Policy and Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 9.Amendment Three of the Partnership Agreement with the City of East Palo Alto (R-17-98) Staff Contact: Tina Hugg, Senior Planner and Dave Jaeckel, Management Analyst II General Manager’s Recommendation: Adopt a Resolution authorizing Amendment Three of a Partnership Agreement with the City of East Palo Alto to facilitate completion of Phases IV and V comprised of six specific park elements of the Cooley Landing Vision Plan, and interagency collaboration to develop a business and operating plan for Cooley Landing Park and Education Center. 10.Award of Contract with MIG, Inc., to provide professional consultant services for a District- wide Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update (R- 17-99) Staff Contact: Whitney Berry, Planner II and Gretchen Lausten, Planner III General Manager’s Recommendation: 1.Authorize the General Manager to enter into a multi-year contract with MIG, Inc., to provide professional services for the District-wide ADA Self-Evaluation and Transition Plan Update for a base contract amount of $179,333. 2. Authorize a 15% contingency of $25,667, to be expended only if necessary to cover unforeseen conditions, for a total not-to-exceed contract amount of $205,000. 11.Agreement with RECON Environmental Inc. to Maintain Plants at Nine Revegetation Sites for Three Years (R-17-101) Staff Contact: Cindy Roessler, Senior Resource Management Specialist General Manager’s Recommendation: 1.Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to approve an agreement with RECON Environmental Inc. for an amount not-to-exceed $615,780 to maintain plants at nine revegetation sites for three years. 3. Authorize a 10% contingency of $61,578 to be expended only if necessary to cover unforeseen conditions for a not-to-exceed total contract amount of $677,358. 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 information; request staff to report 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. Committee Reports Staff Reports Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on August 4, 2017, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC District Clerk July 26, 2017 Board Meeting 17-17 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, July 26, 2017 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Hassett called the special meeting to order at 5:00 p.m. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Counsel Hilary Stevenson, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, Planning Manager Jane Mark, Senior Planner Tina Hugg Public comments opened at 5:00 p.m. No speakers present. Public comments closed at 5:00 p.m. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1) Title of Employee: General Counsel 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Meeting 17-17 Page 2 Property: Santa Clara County APN: 170-04-054 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Pearlman Properties Under Negotiation: Purchase Terms 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. (Government Code Section 54956.9(d)(1)) Name of Case: In the Matter of the Staples Family Trust; San Mateo County Superior Court Case Number 17PR000671 President Hassett continued the special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:43 p.m. and announced the Board would reconvene in closed session after the regular meeting adjourned. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY SPECIAL MEETING Chairperson Hassett called the special meeting of the Midpeninsula Regional Open Space District Financing Authority to order at 6:45 p.m. ROLL CALL Members Present: Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Jed Cyr Members Absent: Joseph Simitian Staff Present: Executive Director Steve Abbors, General Counsel Sheryl Schaffner, Controller Mike Foster, and Secretary Jennifer Woodworth AUTHORITY BUSINESS 1. Acceptance of the Controller’s Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority for Fiscal Year Ending June 30, 2016 (R-17-96) Controller Mike Foster presented the Annual Financial Report for the year ending June 30, 2016 of the Midpeninsula Regional Open Space District Financing Authority. Mr. Foster reported on the status of the bonds issued by the Financing Authority and planned refinancing of the bonds in future years. Director Kishimoto commented on the CalPERS investment earnings rate and the need to keep these numbers in mind for retirees and the District’s unfunded liability. Mr. Foster commented on the information provided annually by CalPERS. Director Riffle inquired regarding the continued need for the Financing Authority. Mr. Foster reported there is still an outstanding $1 million in bonds from 2011, which will be fully refunded in 2020. Meeting 17-17 Page 3 Public hearing opened at 6:50 p.m. No speakers. Public hearing closed at 6:50 p.m. Motion: Director Kishimoto moved, and Director Riffle seconded the motion to accept the Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority for Fiscal Year Ending June 30, 2016. VOTE: 4-0-0 (Supervisor Simitian absent) Chairperson Hassett adjourned the meeting of the Board of Directors of the Midpeninsula Regional Open Space District Financing Authority at 6:53 p.m. REGULAR MEETING President Hassett called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. President Hassett reported the Board met in closed session, and no reportable action was taken. The Board will reconvene into closed session after the adjournment of the regular meeting. General Counsel Sheryl Schaffner reported that as a result of the closed session of February 8, 2017, the District has entered into a Stipulated Judgement and Order for Mount Umunhum Road rights as a result of the District’s eminent domain case. Staff will return with additional information regarding implementation of the judgment at the August 9, 2017 regular Board meeting. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Kevin Woodhouse, Chief Financial Officer Stefan Jaskulak, District Controller Mike Foster, District Clerk/Assistant to the General Manager Jennifer Woodworth, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, Land & Facilities Manager Brian Malone, Planning Manager Jane Mark, Accountant Andrew Taylor, Engineering & Construction Manager Jay Lin, Natural Resources Manager Kirk Lenington, Water Resources Specialist Aaron Hebert, ORAL COMMUNICATIONS No speakers present. Meeting 17-17 Page 4 ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt the agenda. VOTE: 7-0-0 SPECIAL ORDERS OF THE DAY • Introduction of staff o Joe MacKessy – Open Space Technician o Megan Scott-Sofia – Open Space Technician o Marion Shaw – Management Analyst II o Elissa Martinez – Management Analyst I o Debbie Ledger – Senior Accounting Technician O Amudha Sankar – Senior Accounting Technician CONSENT CALENDAR Public comment opened at 7:15 p.m. No speakers present. Public comment closed at 7:15 p.m. Motion: Director Siemens moved, and Director Cyr seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 1. Approve July 12, 2017 Minutes 2. Claims Report 3. Grant funding agreement from the County of Santa Clara for San Francisco Bay Trail Connection Project at Ravenswood Open Space Preserve (R-17-94) General Manager’s Recommendation: Authorize the General Manager to enter into a $400,000 grant agreement with the County of Santa Clara to receive funds for the Bay Trail connection at Ravenswood Open Space Preserve. BOARD BUSINESS 4. Award of Contract for Sediment Survey at El Corte de Madera Open Space Preserve (R-17-93) Water Resources Specialist Aaron Hébert summarized the history of the project, including identification and assessment of sediment sources from the El Corte de Madera Open Space Preserve (ECdM); implementation of the Watershed Protection Program; and monitoring and reassessment of sites. The goals of the sediment reassessment include fulfilling a regulatory requirement; repeat the previous study’s methodologies using new technologies; and creation of Meeting 17-17 Page 5 reports that can be shared with the public, and management, and scientific communities. Finally, Mr. Hébert described the procurement process used by staff to encourage qualified consultants to submit proposals and summarized the next steps of the project. Director Riffle spoke in favor of informing the public of the work being done by the District on this project. Additionally, Director Riffle inquired if similar work is being done at other District preserves. Mr. Hébert commented on the work done by staff and consultants to inventory District roads and trails for future work, as needed. Director Kishimoto inquired regarding the District’s understanding the effect of geology on the District’s trails and roads. Mr. Hébert reported staff does monitor the effects of geology on its roads and trails and takes this information into account when designing and building trails. Director Siemens commented on the District’s current practice of waiting to open preserves to the public until the District has evaluated and corrected any problems with existing roads and trails, which previously led to sedimentation. By doing the restoration work ahead of opening, the District has helped keep sediment out of the creeks. Public comment opened at 7:42 p.m. No speakers present. Public comment closed at 7:42 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to: 1. Authorize the General Manager to enter into a multi-year professional services contract with Balance Hydrologics, Inc. to conduct a sediment study at El Corte de Madera Open Space Preserve for a base contract amount of $146,907.50. 2. Authorize a 10% contingency of $14,691.50 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $161,598. VOTE: 7-0-0 INFORMATIONAL MEMORANDUM • July 2017 Santa Cruz Mountains Stewardship Network Update • Minor Revision to Wording on the Save the Redwoods League Partner Signboard to be placed at Purisima Creek Redwoods Open Space Preserve • Approval of District and Mount Umunhum Logo Trademarks • Housing Construction Options INFORMATIONAL REPORTS A. Committee Reports Meeting 17-17 Page 6 No Committee reports. B. Staff Reports Chief Financial Officer/Administrative Services Manager Stefan Jaskulak announced Candice Basnight has accepted the position of Human Resources Manager and additional job offers have been made for three open administrative assistant positions. Assistant General Manager Kevin Woodhouse provided an update on a recent fire at Skyline Ridge and District rangers’ work to contain the fire. District staff recently met with representatives of Portola Valley to discuss trail usage and monitoring of parking areas. Director Harris spoke regarding a recent trip to Windy Hill where the parking lot was full in the early morning. Public Affairs Manager Christine Butterfield provided an update on legislation being sponsored by the District. Mr. Abbors reported his recent meeting with Jay Thorwaldson and the District’s efforts to work with SamTrans, which has proposed removing bicycle access on the Dumbarton Rail Corridor. C. Director Reports The Board members submitted their compensatory reports. Director Kishimoto reported on a recent meeting of the Santa Clara Valley Water District’s Water Commission and a meeting with Assemblymember Marc Berman. Director Hanko commented on her recent meeting with Jay Thorwaldson and his offer to compile information regarding the history of Mount Umunhum. Director Riffle reported his planned attendance at the La Honda Creek groundbreaking ceremony and Ohlone/Portola Trail reception being held by San Mateo County Parks. Director Harris reported her planned attendance at the City Park Alliance Conference. Director Hassett reported on recent police activity near Skyline Ridge. ADJOURNMENT President Hassett adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District into closed session at 8:11 p.m. President Hassett adjourned the meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:15 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 17-18 DATE 08-09-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 75633 11369 - BANK OF THE WEST COMMERCIAL CARD USA $80.00 Symposium Event 07/21/2017 87,649.84$ $131.02 Fuel 07/21/2017 $1,131.65 Training and Office Supplies 07/21/2017 $2,454.00 Paint Sprayer Rental & Fire road clearing service (BCR)07/21/2017 $582.86 Water coolers for trucks 07/21/2017 $109.00 HR Related Training and Membership Dues 07/21/2017 $176.10 FasTrak, Office Supplies & Equipment 07/21/2017 $1,808.69 Desk, Office and Field supplies 07/21/2017 $2,418.62 Desk, Staff recognition snacks, and Field Supplies 07/21/2017 $1,508.83 Web expenses 07/21/2017 $359.52 Luncheon, Parking, Office and Field Supplies 07/21/2017 $521.99 Field Supplies - Jack Stand, Windshield for Utility Vehicle 07/21/2017 $970.23 Pest Control and Gas 07/21/2017 $985.96 Field Supplies - Stencil for Stripping, Fountain Faucet, Paint Supplies, 07/21/2017 $1,997.00 Supplies and Desk 07/21/2017 $464.25 Field & Office Supplies - 3 Liter Hydraulics Reservoir, Valve Cover, Refrigerator Door Bin & Cov07/21/2017 $16.91 Field Supplies - Paint for Water Tank (SA)07/21/2017 $354.51 Field Supplies - Tree Strap, Tools (SAO)07/21/2017 $1,616.16 Wingding Food Trucks, Photographer & Supplies 07/21/2017 $893.38 Volunteer Supplies/Equipment 07/21/2017 $25 Parking Fees 07/21/2017 $2,133.72 Field Supplies - Screwdriver, Rivet Tools, Pliers, Lopper, Metal Box 07/21/2017 $7,761.09 Highway Products Pick-Up Tool Box for District Vehicle (M222)07/21/2017 $470.08 Field Supplies - Electrical Materials, Cable Plate, Brackets, Flashlight 07/21/2017 $576.82 Field Supplies - Safety Helmets, Paint Sprayer Repairs 07/21/2017 $63.63 Exemption Filing Fee, Bottled Water for Pre-Bid Tours 07/21/2017 $2,468.37 Software: Help Desk, Netro Online & Imaging 07/21/2017 $5,259.70 IT Purchases for June 2017 07/21/2017 $20 - Sacramento Parking Fee 07/21/2017 $8662.14 - Membership/Exec Leadership Course/Recruitment expense 07/21/2017 $8,498.97 Radar Speed Limit Signs for Mt Umunhum Road 07/21/2017 $6,155.00 Flat straps (50) and Bent Brackets (50) for Harrington Bridge (LH)07/21/2017 $3,369.89 Commuter Check, DocuSign, Conference Regisatration 07/21/2017 $732.03 Volunteer Supplies 07/21/2017 $1,462.60 Internal Affairs training & Radar guns 07/21/2017 $221.27 Field Supplies - PVC Elbow, Coupling, Ballast, Paint, Brush, Dove Cover 07/21/2017 $1,588.65 Coffee, Light Bulbs, Training, Office Supplies 07/21/2017 $1584.06 - Office/event supplies, storage, branded items 07/21/2017 $285.73 Volunteer Supplies for Volunteer Recognition and VTP 07/21/2017 $1131.88 Wildland Fire Training & Office Supplies 07/21/2017 $1,746.00 Job Listings 07/21/2017 $998.73 Field Supplies - Sockets for Vehicle M221, Straps, Magnet 07/21/2017 $271.70 Tire Repair 07/21/2017 $25.25 Small hand tools 07/21/2017 $2,016.35 Ergo items, Refreshments for training, Red Cross Cert 07/21/2017 $211.65 Field Supplies - Valve Respirator, Brush, Hose 07/21/2017 $75.00 Summer 2017 Conservation Law Forum-Schaffner 07/21/2017 page 2 of 3 CLAIMS REPORT MEETING 17-18 DATE 08-09-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount $96.44 Subscriptions 07/21/2017 $2,464.27 Laptop bag & Rescue Litter 07/21/2017 $5,310.29 Credit card; Internet, email licences, ipads, cables.07/21/2017 $434.00 Webinars: City Attorney; NBI for Hstevenson 07/21/2017 $126.33 Dinner for the June 14th Closed Session 07/21/2017 $25.72 Field Supplies - Fire Hose Box 07/21/2017 $469.83 Field Supplies - Push Button Drain, Rope, Knife, Plumber Tape, P-Strap 07/21/2017 $1,047.00 AM Party Rentals for Legislative Lunch 2017 07/21/2017 $150 PARMA Membership Renewal 7/1/17 - 6/30/18 07/21/2017 $233.17 Office supplies; docent meeting supplies 07/21/2017 $78.42 Meeting meal & Office supplies 07/21/2017 $948.65 Recruitment costs 07/21/2017 75740 11665 - WATERWAYS CONSULTING BCR construction documents west side roads 07/26/2017 80,500.00$ 75674 10546 - ECOLOGICAL CONCERNS INC Invasive species management - District wide/Thistle & Grass Control Treatment (LHC)/Vegetation Management for Fire Protection (BCR)07/26/2017 58,702.50$ 75636 11396 - AGCO HAY LLC Road Repair And Fence Install (LHC)07/26/2017 43,567.50$ 75647 11539 - BELZ CONSTRUCTION Re-roof Garage, House, And Install Gutters - SG/WH/PCR 07/26/2017 41,931.77$ 75688 11501 - HARRIS DESIGN BCR Public Access Phase 1 07/26/2017 35,075.19$ 75658 11739 - CDW LLC Nutanix 128GB Memory Upgrade 3x Nodes 07/26/2017 32,559.74$ 75752 11711 - BAY AREA METAL FABRICATION LLC Signboard Fabrications for District Trailheads 08/02/2017 29,491.68$ 75748 *11152 - WELLINGTON PARK INVESTORS August 2017 Rent (AO2, AO3, AO4)08/01/2017 29,483.00$ 75724 10447 - SIMMS PLUMBING & WATER EQUIPMENT Repair Leaking Sink and Water System at Rental Residence, Quarterly Chlorination, Water Tank Installation (SR) & (PCR), Spring Rehabilitation (RR)07/26/2017 27,864.97$ 75695 11778 - LCI - LETTIS CONSULTANTS INTERNATIONAL, INC.Alma College Fault Rupture Hazard Study 07/26/2017 26,042.52$ 75771 11536 - MTECH Coil Replacement AO HVAC 08/02/2017 25,516.00$ 75685 10005 - GRASSROOTS ECOLOGY Volunteer Stewardship Partnership/Hendrys Creek Restoration Project FY 16-17 07/26/2017 23,853.05$ 75650 10012 - BIOSEARCH ASSOCIATES Western Pond Turtle Population Study & Bull Frog Control /CRLF Monitoring - SFGS Habitat Implementation 07/26/2017 20,956.15$ 75711 10253 - PETERSON TRACTOR CO 10 ton Trailer (SFO)07/26/2017 19,542.49$ 75731 10307 - THE SIGN SHOP Sandblasted Signs (Mt. Um, RSA, LHC)07/26/2017 18,660.80$ 75708 10687 - PACIFIC LEGACY INC BCR Cultural Evaluation 'laundry site'07/26/2017 17,904.29$ 75768 11572 - MESITI-MILLER ENGINEERING INC.Webb Creek Bridge - Task 1 & 2 & Webb Creek Bridge Environmental Permitting 08/02/2017 16,997.00$ 75703 11617 - MIG, INC.Quality Assurance & Control for Red Barn Project thru 05/31/17 07/26/2017 16,861.33$ 75652 10684 - BUTANO GEOTECHNICAL ENGINEERING Mt Um Road Rehabilitation Geotechnical 2017 07/26/2017 13,177.85$ 75784 10112 - TIMOTHY C. BEST Feasibility - Coal Creek/Alpine Rd Crossing 08/02/2017 12,657.50$ 75701 11572 - MESITI-MILLER ENGINEERING INC.Geotechnical Engineering for Mt. Um Stairs 07/26/2017 12,629.38$ 75778 *10180 - PG & E Electricity/Gas 07/17 - 21 Locations 08/02/2017 11,344.19$ 75700 10064 - MCB REMODELING Sliding Glass Door and Window Replacement (RSA) & Miscellaneous Repairs (SR)07/26/2017 9,360.00$ 75730 11780 - TERRY J MARTIN ASSOCIATES Architectual Services for 240 Cristich Lane 07/26/2017 8,458.50$ 75722 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender False Brome Control Contract Services 07/26/2017 7,553.34$ 75637 11772 - AHERN RENTALS, INC.Excavator & Roller Rentals - PC/LH/WH 07/26/2017 7,425.39$ 75704 10031 - MILLS DESIGN Wingding Signboard, Postcard, Web, Signs, Welcome Poster, Budget & Action Plan Report 2017-2018 & Mt. Umunhum Brochure 07/26/2017 7,139.50$ 75723 11794 - SHILOH EVENT MANAGEMENT, INC Mount Umunhum Event Management & Strategy Month of June 2017 07/26/2017 7,130.00$ 75684 11609 - GOVERNMENT TECHNOLOGY SOLUTIONS, INC.WatchGuard Application Control & IT Training 07/26/2017 7,000.00$ 75697 *10419 - LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE, AD & D & LTD Monthly Premium 07/26/2017 6,608.22$ 75713 10086 - PHYTOSPHERE RESEARCH Sudden Oak Death Research 07/26/2017 5,713.09$ page 3 of 3 CLAIMS REPORT MEETING 17-18 DATE 08-09-2017 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 75689 10043 - HOWARD ROME MARTIN & RIDLEY LLP Mahronich vs Presentation Center (BCR)07/26/2017 5,628.88$ 75638 11367 - AMAH MUTSUN LAND TRUST RM Grants - Culturally Significant Plant Species Research 07/26/2017 5,000.00$ 75641 11804 - ANA LUCIA GONZALEZ Cultural Resource Artifact & Curation Procedures- District-wide 07/26/2017 5,000.00$ 75789 11388 - WAGNER & BONSIGNORE Water Rights Reporting for Bear Creek / San Gregorio / Repair & Maintenance 08/02/2017 4,971.25$ 75750 11772 - AHERN RENTALS, INC.LH, PC, WH, CM Dozer w/RIP 08/02/2017 4,901.91$ 75732 10112 - TIMOTHY C. BEST ECDM Oljon Trail Geotech/Structural Eng 07/26/2017 4,817.50$ 75779 11552 - ROBERT HALF TECHNOLOGY SharePoint Development 08/02/2017 4,800.00$ 75669 11707 - CUMMING CONSTRUCTION MANAGEMENT, INC.Mt. Um Hiking Trail Consulting Services thru June 2017 07/26/2017 4,480.00$ 75726 10590 - STALLINGS PAINTING CO Exterior Painting (FO)07/26/2017 4,345.00$ 75733 10146 - TIRES ON THE GO Repair & Replacement of Tires on District Vehicles - P114, A104, M222, P113 & P88 07/26/2017 4,147.17$ 75666 11628 - CONFLUENCE Editing, Writing, Review of Summary Views & Mt Um Communications 07/26/2017 4,110.00$ 75786 10775 - TYLER TECHNOLOGIES INC NWS - Server Migration 08/02/2017 4,000.00$ 75698 11664 -CLOUT STAFFING dba LSQ FUNDING GROUP LC Temporary Staffing HR Week Ending 5/7/17, 5/14/17, 5/21/17 & 5/28/17 07/26/2017 3,971.55$ 75772 10461 - NORTHGATE ENVIRONMENTAL MGMT Site Condition Studies - New AO Facility 08/02/2017 3,900.00$ 75682 11612 - GOODWIN CONSULTING GROUP, INC.Continuing Disclosure 2016-17 07/26/2017 3,457.50$ 75651 11787 - BOBCAT OF FREMONT 48" Hydraulic Pallet Forks for Bobcat 07/26/2017 3,400.00$ 75707 10076 - OFFICE TEAM Temporary Front Desk Admin for Week Ending 06/30/17, 07/07/17 & 07/14/17 07/26/2017 3,120.00$ 75673 11420 - DOUG EDWARDS Cross Fence Replacement (Portion) - TC 07/26/2017 3,080.00$ 75764 10222 - HERC RENTALS INC Mini Excavator Rental for Mt.Umunhum Work (SA)08/02/2017 2,977.06$ 75775 11806 - PACIFIC HIGHWAY RENTALS, LLC Radar Trailer Rental 5/11 - 7/5 08/02/2017 2,822.00$ 75678 11151 - FASTENAL COMPANY Shop Hardware & Rebar Cutter (SFO)07/26/2017 2,573.95$ 75785 *10583 - TPX COMMUNICATIONS District Telephone + SAO Internet 08/02/2017 2,394.79$ 75649 11430 - BIOMAAS Scope for White-Throated Swift Monitoring at Mt.Um Radar Tower 07/26/2017 2,391.26$ 75661 11792 - CMAG ENGINEERING, INC.Webb Creek Bridge 07/26/2017 2,362.50$ 75644 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Subscription Renewal, Ads for Harkins Bridge Replacement & Legal Bid for Plant Maintenance 07/26/2017 2,272.98$ 75728 11528 - STANDARD REGISTER COMPANY Parking Citation Printing 07/26/2017 2,244.49$ 75727 *11730 - STANDARD INSURANCE COMPANY RV Basic & Supplemental Life Monthly Insurance Premium 07/26/2017 2,241.18$ 75788 *10309 - VERIZON WIRELESS Verizon Usage for Board iPads, Ranger Laptop and Phones 08/02/2017 2,148.21$ 75755 *10032 - DEL REY BUILDING MAINTENANCE Monthly Janitorial Services & Supplies July 2017 (AO)08/02/2017 2,096.94$ 75681 11789 - GLADWELL GOVERNMENTAL SERVICES, INC.Records Management & Retention Schedule 07/26/2017 2,067.62$ 75662 10352 - CMK AUTOMOTIVE INC Service & Maintenance for A101, M201, P110, P84, P43, A68 07/26/2017 2,007.65$ 75653 10840 - CALIFORNIA PENSION GROUP, LLC Consulting for May & June 2017 07/26/2017 2,000.00$ 75639 10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 07/26/2017 1,804.00$ 75782 10447 - SIMMS PLUMBING & WATER EQUIPMENT Water Tank Installation (SR)08/02/2017 1,800.00$ 75751 10969 - BANK OF NEW YORK MELLON TRUST CO NA Annual Trustee Admin Fee - 2011 Revenue Bonds 08/02/2017 1,750.00$ 75783 10143 - SUMMIT UNIFORMS District Provided Uniform & Body Armor 08/02/2017 1,721.78$ 75744 11165 - WOODHAMS ELECTRICAL Electrical for Water Pump (PCR)07/26/2017 1,650.00$ 75780 10936 - ROSS RECREATION EQUIPMENT Benches for Mt. Um Trailhead 08/02/2017 1,493.30$ 75737 10230 - UNITED RENTALS NORTH AMERICA INC Pickup Truck Rental for Mt. Um Road Project 8/22 - 6/26/16 07/26/2017 1,435.15$ 75765 11770 - HYDROSCIENCE ENGINEERS Fire & Potable Water System Design Consulting thru 6/30/17 08/02/2017 1,350.00$ 75706 10073 - NORMAL DATA Contacts & Permits Database Work 07/26/2017 1,317.50$ R-17-103 Meeting 17-18 August 9, 2017 AGENDA ITEM 3 AGENDA ITEM Authorization to Award Contract to Ecological Concerns, Inc. for Invasive Weed Removal in FY2017-18, and FY2018-19 GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to enter into a multi-year contract with Ecological Concerns, Inc. of Santa Cruz, California to provide invasive species management services in Purisima Creek Redwoods Open Space Preserve in FY2017-18 and FY2018-19 for a base contract amount of $46,000. 3. Authorize a 15% contingency of $6,900 to be expended only if necessary to cover unforeseen conditions, for a not-to-exceed total contract amount of $52,900. SUMMARY The work, considered an early detection / rapid response activity (EDRR), consists of manual removal of invasive species within Purisima Creek Redwoods Open Space District in FY2017-18 and FY2018-19 in a manner consistent with the District’s Integrated Pest Management (IPM) Program to control non-native plants and weeds. EDRR of small populations of invasive species allows for eradication in most cases and reduces the likelihood of an expensive control program. A Request for Bids was sent to eleven (11) selected vegetation management firms; and four (4) proposals were received. After thorough review of the proposals, staff recommends awarding the contract to Ecological Concerns, Inc. of Santa Cruz, CA which is the lowest responsible and responsive bidder. The cost for these services will not exceed $52,900 over two years. DISCUSSION Background The District manages invasive plants on Preserves to protect and restore the natural environment and to support conservation grazing. District field staff, contractors, the California Conservation Corps, and volunteers all assist in management of vegetation on Preserves. Contractors are most frequently used for large infestations and for invasive species that have very specific treatment timing. District staff oversees the work of contractors, which includes monitoring by District biologists when contractors are working near sensitive areas such as ponds with rare aquatic species. The District uses IPM practices when managing invasive plants and weeds, and the R-17-103 Page 2 contractor is required to follow thirty-one best management practices to protect the environment and human health. This fiscal year, District staff are developing a robust EDRR program per the IPM Program five- year implementation plan. Even the best prevention efforts cannot stop all invasive species. Early detection, rapid assessment and rapid response is a critical second defense against the establishment of invasive populations. EDRR enhances the likelihood that localized invasive populations will be found, contained, and eradicated before they become widely established. EDRR can decrease range expansion, and avoid the need for long-term control efforts, saving the District money. Hanging Sedge (Carex pendula) is an early detection / rapid response species of concern for the District. This sedge is only found in one location on District property, the riparian area surrounding Purisima Creek. Two additional species of concern have also been identified for within Purisima Creek Redwoods OSP, panic veldt grass (Ehrharta erecta) and cape ivy (Delairea odorata). Total eradication is not expected of Hanging Sedge due to a population on private property adjacent to the District; District staff will reach out to the private property owner. Total eradication of both panic veldt grass and cape ivy is expected within two years due to an early detection/rapid response. Once this contract has been completed, all project sites will be converted to staff maintenance sites. Contractor Selection The Request for Bids (RFB) was issued on July 5, 2017 and advertised in local newspapers and on the District website. Eleven firms known to have experience managing vegetation in park environments were directly notified by staff of the RFB. Seven firms attended a mandatory pre- bid tour on July 20, 2017. Addendums were issued on July 24, 2017 and July 26, 2017 clarifying questions on the Request for Bids during and after the pre-bid tour. Bids were due on August 2, 2017. The results are as follows: Bidder Location Total Bid for two years Percent of Cost Estimate of $56,000 1 Go Native, Inc. Montara, CA $58,750 4.9% 2 Ecological Concerns, Inc. Santa Cruz, CA $46,000 -17.9% 3 Shelterbelt Builders San Francisco, CA $88,800 58.6% 4 Handford ARC Sonoma, CA $67,370 20.3% Ecological Concerns, Inc. is the lowest responsible and responsive bidder for all four projects. The duration of the contract will be a two-year term, for a total of $52,900. FISCAL IMPACT The Natural Resources Department FY2017-18 Budget includes $428,500 for Facility Maintenance – Resource Management and Landscaping of which $30,000 is budgeted for this R-17-103 Page 3 fiscal year’s work for this project. There are sufficient funds in the Natural Resources budget to cover the cost of this recommendation. The recommended action is not funded by Measure AA. A similar amount is projected for FY2018-19 Budget request for Facility Maintenance – Resource Management and Landscaping of which $30,000 will be budgeted for the remaining contract term. BOARD COMMITTEE REVIEW No Board Committee review is required. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. CEQA COMPLIANCE The vegetation management activities covered by this contract have been previously reviewed in the Final Environmental Impact Report for the Midpeninsula Regional Open Space District Integrated Pest Management Program approved by the Board on December 10, 2014 under the California Environmental Quality Act, and the associated mitigation measures have been incorporated into the project. NEXT STEPS Upon approval by the Board of Directors, the General Manager will enter into a two year contract with Ecological Concerns, Inc. of Santa Cruz, CA. Responsible Department Head: Kirk Lenington, Natural Resources Prepared by: Coty Sifuentes, Integrated Pest Management Coordinator, Natural Resources FY 2018 FY 2019 FY 2020 Natural Resources Budget $428,500 Spent-to-Date (as of 07/11/17) $0 Encumbrances $0 Award of Proposed Contract – Hanging Sedge Removal $52,900 $30,000 $0 Award of Proposed Contract - Plant Establishment at Multiple Sites $245,163 $150,628 $76,476 Budget Remaining (Proposed): $130,437 R-17-105 Meeting 17-18 August 9, 2017 AGENDA ITEM 4 AGENDA ITEM Revise and Renew Investment Authority GENERAL MANAGER’S RECOMMENDATION 1.Revise the Statement of Investment Board Policy to classify investments in the non- renewable energy sector as not permitted 2.Adopt a resolution to renew the District Controller’s investment authority until August 8, 2018. SUMMARY Revision of the Statement of Investment Board Policy to prohibit investments in companies in the non-renewable energy sector (e.g. coal, oil, natural gas, etc). Approval of the attached resolution will renew the District Controller’s authority to invest District funds in accordance with District’s revised Investment Policy. DISCUSSION At its meeting on August 10, 2016, the Board extended the Controller’s investment authority for one year. At its meeting on May 10, 2017, the Board approved the most recent change to the Statement of Investment Policy. To further align the Investment Policy with the vision and mission of the District, an addition to the Guidelines in the Investment Policy is proposed to classify investments in companies in the non-renewable energy sector (e.g. coal, oil, natural gas, etc) as not permitted. BOARD COMMITTEE REVIEW This item was not reviewed by any Committee. FISCAL IMPACT Approval will allow the District to continue to earn the highest return on its temporarily idle funds consistent with the statement of Investment Policy. R-17-105 Page 2 PUBLIC NOTICE Public notice was provided pursuant to the Brown Act. No additional notice is required. CEQA COMPLIANCE The recommended action is not a project for purposes of the California Environmental Quality Act. NEXT STEPS None. Attachments 1. Resolution Extending Controller’s Investment Authority Prepared by: Mike Foster, Controller Resolutions/2017/17-__Renew Investment Authority 1 RESOLUTION NO. 17-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE CONTROLLER TO INVEST SURPLUS FUNDS AS ALLOWED BY THE CALIFORNIA GOVERNMENT CODE WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in order to help meet capital program objectives, including Measure AA projects; and WHEREAS, Chapter 4, Division 2 of Title 5 of the Government Code authorizes the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher than achievable through the Santa Clara County Pooled Fund, or the California Pooled Investment Authority; and WHEREAS, the District can often improve its yield on surplus funds without sacrificing financial safety and flexibility. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the Investment Policy attached hereto as Exhibit “A” and by reference made a part hereof. SECTION TWO. Before any investments with maturities exceeding one year, the Controller shall consult with the General Manager or Chief Financial Officer, or a District employee authorized to act in his behalf, to determine anticipated cash flow needs of the District. SECTION THREE. This resolution supersedes the prior Resolution No. 16-77 adopted August 10, 2016. This resolution shall no longer be in effect as of August 9, 2018, unless extended, and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund, with the California Pooled Investment Authority, or invested through the District’s commercial bank. * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on August 9, 2017, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2017/17-__Renew Investment Authority 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Exhibit A: Statement of Investment Policy Attachment 1 Exhibit A STATEMENT OF INVESTMENT POLICY GOALS Goal 1. Capital Preservation The primary goal shall be to safeguard the principal of invested funds. The secondary objective shall be to meet the liquidity needs of the District. The third objective shall be to achieve a return on funds consistent with this Policy. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. Goal 2. Liquidity Temporarily idle funds shall be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments shall be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly (within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the California Government Code. GUIDELINES 1. Determination of Idle Funds The Controller shall prepare a cash flow projection prior to all investment decisions involving securities with a term to maturity exceeding one year. This cash flow projection shall be reviewed and evaluated by the General Manager or Chief Financial Officer (CFO). The General Manager or CFO are responsible for approving the Controller’s designation of the amount of funds available for investment for longer than one year. 2. Restricted Reserves [a] MROSD Retiree Healthcare Plan: All funds are to be held by CalPERS and managed by CalPERS. [b] Hawthorn Endowment Fund: All funds will be held in a separate account and invested in accordance with this policy. [c] Debt Service Reserve Funds Held by Bond Trustees: Funds held by such trustees shall be invested in accordance with the bond indenture or other agreement providing for the issuance and management of such debt. 3. General Fund Committed Reserves At least one-half of the total general fund committed reserve requirement shall be maintained, at all times, with the Santa Clara County Pooled Investment Fund (SCCPIF). 4. General Fund Un-Assigned Contingency Reserve In addition to any committed fund reserve requirement, a general fund contingency reserve of at least $10 million shall be maintained, at all times, with the SCCPIF. Exhibit A 5. General Obligation Bond Proceeds Held by Fiscal Agent Bond Proceeds held by the District’s Fiscal Agent, either in the Debt Service Fund or Bond Proceeds Fund, shall be invested through the investment department of the Fiscal Agent and in accordance with the Fiscal Agent Agreement. 6. Non-Invested Funds Idle District funds not otherwise invested as permitted by this Policy shall be deposited with the Santa Clara County Pooled Investment Fund, the San Mateo County Treasurer’s Pooled Investment Fund, the State of California’s Local Agency Investment Fund, or CalTRUST. 7. Selection of Investments The Controller is responsible for selecting investments that fit within the amounts and maturities recommended by the Controller and by the General Manager or CFO. The Controller is also responsible for directing security transactions. 8. Prohibited Investments Investments in securities of companies in the non-renewable energy sector (e.g. coal, oil, natural gas, etc.) shall not be permitted. 9. Investments Instruments and Deposit of Funds Investments and deposits of funds shall be limited to those allowed by and subject to the procedures of Government Code Section 53600 et seq. and 53635 et seq. In the event of any conflict between the terms of this Policy, and the Government Code, the provisions of the Government Code shall prevail. Investments shall not be leveraged. Investments, and “derivatives,” that offer opportunities for significant capital gains and losses are excluded. If after purchase, securities are downgraded below the minimum required rating level, the securities shall be reviewed for possible sale with a reasonable amount of time after downgrade. Significant downgrades and the action taken or to be taken will be disclosed in the next monthly report. 10. Maximum Maturity The average maturity of the total District investment portfolio shall not exceed eighteen months and no investment, except for debt service reserve funds held by bond trustees, shall have a maturity of more than three years from the date of purchase. The maturity of investments in trustee-held debt service reserve funds shall not exceed the final debt service payment date of the bonds. 11. Diversification Investments shall meet the diversification test of Government Code Section 53601.7(c), stating that no more than 5% of the total investment portfolio may be invested in the securities of any one issuer, except for the obligations of the U.S. Treasury or U.S. Government Agencies. 12. Marketability For investments other than bank certificates of deposits the breadth of ownership and number of securities outstanding shall be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. Exhibit A 13. Acceptable Banks Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from the District’s commercial bank or banks and savings and loan associations with over $1,000,000,000 of deposits and reporting profitable operations and which meet all applicable criteria of the Government Code. Certificates of Deposit may be purchased from other banks within Santa Clara and San Mateo Counties which meet all applicable criteria of the Government Code if the principal is fully insured by the Federal Deposit Insurance Corporation. 14. Acceptable Collateral Securities collateralizing bank or savings and loan deposits must be rated “A” or higher. 15. Investments in Name of District All investments purchased shall stand in the name of the District. 16. Reporting The Controller shall submit a report of the District’s investment portfolio and security transactions to the Board of Directors by the second Friday of each calendar month in accordance with Government Code Sections 53607 and 53646. Such reports shall also be submitted to the General Manager, CFO and to the District’s auditor. 17. Purchase of Securities The Controller is authorized to purchase securities through the investment department of the District’s bond trustees and fiscal agents and as otherwise permitted by the Government Code. Any account resolutions required by bank investment departments will be submitted to the Board of Directors for approval prior to any trading through that bank. The bank or other investment institution from which authorized securities are purchased shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District’s commercial bank account. The bank shall also be instructed to send receipts for all transactions to the CFO and the District accounting department. R-17-102 Meeting 17-18 August 9, 2017 AGENDA ITEM 5 AGENDA ITEM Contract Amendment with Lettis Consultants International, Inc. (LCI) for Geological Services for the Alma College Cultural Landscape Rehabilitation Project at Bear Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a contract amendment with LCI to complete geotechnical analysis at the former Alma College site at Bear Creek Redwoods, in an amount of $25,000 (which includes an allowance of $10,000 for unanticipated services), for a total not-to- exceed contract amount of $74,990. SUMMARY The General Manager entered into a contract under his purchasing authority with LCI in April 2017 to perform an earthquake fault rupture hazard study at the former Alma College site. Subsurface geological testing located a fault trace which likely extends through the footprint of the 1909 Chapel, indicating that re-use of the building is infeasible. Given the proximity of the fault trace to the site’s large northern retaining wall, additional geotechnical review is necessary to determine the feasibility and costs of stabilizing the wall. DISCUSSION Potential partner re-use of the 1909 Chapel at the former Alma College site is under consideration as part of the Board-approved Alma College Cultural Landscape Rehabilitation Project (Rehabilitation Project). Because the site is located within close proximity of the main trace of the San Andreas Fault, future site development is regulated by state law and county ordinance, including California’s Alquist-Priolo Earthquake Fault Zoning Act (AP Act). The AP Act precludes the placement of new structures for human occupancy within 50 feet of an active fault. Although the Chapel predates passage of the AP Act, the extensive renovations necessary to facilitate re-use of the building by a partner organization would likely trigger the regulation. To determine whether an active fault trace occurs within 50 feet of the Chapel, an earthquake fault rupture hazard study was required. A Request for Proposals to perform the study was direct mailed to five geological consulting firms in March 2017, and posted on the District website. Six proposals were received. Lettis Consultants International (LCI) was determined to be the most qualified firm, and was contracted under the General Manager’s purchasing authority for an amount not to exceed $49,990. The study consisted of a review of existing geological data for the site, and excavation of a trench that shadowed the Chapel footprint. The trench excavation resulted in conclusive evidence of a subsidiary fault trace trending in a southwesterly direction R-17-102 Page 2 through the Chapel, which was confirmed in the field by the Santa Clara County geologist. The presence of a fault trace in this location has several important implications for future use of the site, described below. First and most importantly, the study findings indicate that renovations to the Chapel to allow it to be re-used regularly, if the renovations total greater than 50% of its current value, must include seismic retrofit. Although the Chapel is subject to the historic building code, which is somewhat less stringent than modern code requirements, this retrofit would likely be very costly, if it is possible at all. Stabilization/mothballing of the Chapel would not require seismic retrofit since there would not be any occupancy. In this case, the building could be used occasionally (less than 2,000 person-hours per year), or maintained as habitat for bats. Second, the study indicated that the northern site retaining wall, which is planned to be extensively repaired as part of the Rehabilitation Project, is much closer to an active fault than was previously thought. A thorough risk analysis is therefore necessary to determine how and where to stabilize the wall to maximize public safety. Other alternatives, including removal of the wall and slope restoration, and excluding public access within the failure zone of the wall, must also be considered. The current cost estimate for stabilizing the northern retaining wall with tiebacks is $1 million. At this time, a cost-benefit analysis is necessary to ensure that treatment of the wall maximizes public safety while minimizing cost to the District, with the goal of reducing this cost. At this time, the General Manager recommends amending the contract with LCI to include geotechnical consulting services under a phased approach. In Phase 1, sections of the site retaining walls will be grouped and prioritized based on factors such as height, type, architectural significance, level of hazard and ease/difficulty of mitigation. A range of risk reduction scenarios including avoidance (such as setbacks or warnings) as well as hazard mitigation projects (such as wall removal, reinforcement, or buttressing) will then be evaluated, with a consideration of relative costs. Phase 2, if authorized, would include providing geotechnical input for the preparation of bid package documents for a future risk mitigation project. The total Phase 1 and 2 cost is $15,000. A separate, supplemental services fee in the amount of $10,000 is also recommended at this time to cover unforeseen geotechnical needs for the Rehabilitation Project, including, potentially, geotechnical testing during the construction phase. The additional services will be performed by A3Geo, a geotechnical consulting firm included on the LCI team. A3GEO’s primary area of expertise involves geotechnical and earthquake engineering for a variety of Bay Area public-sector clients including the East Bay Regional Park District, the Santa Clara Valley Water District, the SLAC National Accelerator Laboratory, the Lawrence Berkeley National Laboratory and the University of California. FISCAL IMPACT The recommended total contract amendment amount is $25,000 ($15,000 base fee and a $10,000 supplemental services budget, and the original contract in the amount of $49,990) for a total not- to-exceed new contract amount of $74,990. The FY2017-18 budget includes $575,600 for the Alma College Cultural Landscape Rehabilitation Project (Project #MAA21-006), and includes sufficient funding for the recommended contract amendment. R-17-102 Page 3 FY2017-18 MAA 21-006 Budget: $575,600 Spent to Date (as of 06/30/2017): 182,627 Encumbrances: $8,804 LCI Contract Amendment Proposed Amount: 25,000 Budget Remaining (Proposed): $359,169 The following table outlines the Measure AA Portfolio budget, costs to date, and the fiscal impact related to the MAA 21-006 Alma College Cultural Landscape Rehabilitation project. MAA 21 Portfolio Allocation: $17,478,000 Life-to-Date Spent (as of 06/30/201): $1,001,925 Total Encumbrances: $473,192 Proposed LCI Contract Amendment (MAA 21-006) $25,000 Balance Remaining (Proposed): $16,877,883 BOARD COMMITTEE REVIEW The Alma College Cultural Landscape Rehabilitation Plan was reviewed by the Planning and Natural Resources Committee and Board on numerous occasions. As part of the Board’s approval of the Bear Creek Redwoods Preserve Plan and associated Environmental Impact Report, the Board also approved the Rehabilitation Plan on January 25, 2017 (R-17-15). PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The additional geotechnical analysis is not a project under the California Environmental Quality Act. The Alma College Cultural Landscape Rehabilitation Project was included in the Bear Creek Redwoods Preserve Plan Environmental Impact Report, certified by the Board in January 2017. NEXT STEPS Following Board approval, the General Manager will direct staff to continue working with LCI to develop recommendations for the Alma College site retaining walls, which will be incorporated into construction documents for the Rehabilitation Project. Responsible Department Head: Jane Mark, AICP, Planning Department Prepared by: Lisa Bankosh, Planner III R-17-104 Meeting 17-18 August 9, 2017 AGENDA ITEM 6 AGENDA ITEM Implementation of the Stipulation for Judgement and Final Order of Possession (Settlement) with Mount Umunhum Limited Partnership regarding Midpeninsula Regional Open Space District (District) vs The Mount Umunhum Limited Partnership in Superior Court of the State of California for the County of Santa Clara (Case No. 15CV289553) GENERAL MANAGER’S RECOMMENDATION Adopt a Resolution implementing the grant of an access easement over Mt Umunhum Road to the Mount Umunhum Limited Partnership, with corresponding authorization for a Fiscal Year 2017-18 budget increase of $441,000. SUMMARY The Midpeninsula Regional Open Space District (District) settled the outstanding eminent domain litigation with the Mount Umunhum Limited Partnership (Partnership) on July 26, 2017. As part of the settlement, the District agreed to grant an easement to the Partnership over the portions of Mt Umunhum Road owned by the District. As part of the approval, a line item budget increase of $441,000 to the Fiscal Year 2017-18 budget is required to implement the settlement. The following report presents the background and a description of the Settlement. DISCUSSION On July 26, 2017, the District reached a settlement with the Partnership regarding the eminent domain litigation the District implemented in order to secure the needed rights to allow the general public to access the summit of Mount Umunhum. In addition, to the compensation agreed to in the settlement, the District also agreed to grant the Partnership an access easement over the District owned portions of Mt Umunhum Road. Background After four years of unsuccessful negotiations to address public access to the summit area of Mt Umunhum, the District Board of Directors, as a last resort adopted a Resolution of Necessity (RON) on December 9, 2015 (see report R-15-167). The RON set out to secure through eminent domain a 60-foot wide general public access and drainage easement over Mt. Umunhum Road, a 40-foot wide fee strip of property over Mt. Umunhum Road, and a 60-foot wide patrol and maintenance easement over the road to Mt Thayer. On May 26, 2016, the District was successful in securing an order for possession for all of the property rights sought through a Stipulation and Order for Possession. The outstanding item after the District secured the property rights was the amount of compensation for the property rights secured. Negotiations have occurred since May of 2016 regarding the amount of compensation and other related terms. Agreement on the final R-17-104 Page 2 compensation in the amount of $421,000 plus $20,000 for relocation of surveillance equipment for a total of $441,000, and deal terms including the grant of an access easement to Mount Umunhum Road to the Partnership was reached on July 24, 2017 and the Settlement was executed filed with the court on July 26, 2017. As part of the settlement, a line item budget adjustment/increase of $441,000 to Fiscal Year 2017-18 budget is required to implement the settlement and property rights acquisition. TERMS AND CONDITIONS The final deal terms reached in the Settlement Agreement are identified below: 1. Total cash compensation is $421,000 (District’s original offer was $380,000) 2. District granting of an access easement over Mt Umunhum Road to Partnership (valued at $22,500). 3. Per the Stipulation and Order for Possession approved on May 26, 2016 the District also agreed to increase the reimbursable amount to relocate the Partnership surveillance equipment to $20,000 from $10,000 (This is in addition to the $421,000). FISCAL IMPACT A budget adjustment/increase of $441,000 to the General Fund Land Purchase Fiscal Year 2017- 18 budget is required. FY 2017-2017 New Land Purchases: Mount Umunhum Limited Partnership Amount $441,000* Total Land purchases approved to date for FY 2017-2018** $0 Total Land Purchases $441,000 *The District deposited $380,000 into the State condemnation escrow account (recorded as a deposit receivable in the District’s accounting records, not an expense), which will be refunded to the District. BOARD COMMITTEE REVIEW This item was not reviewed by a Board Committee. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property have been mailed a copy of the agenda for this meeting. All other notice required by the Brown Act has been provided as well. CEQA COMPLIANCE The District Board of Directors certified the Final Environmental Impact Report for the Project at its public meeting on October 17, 2012 (R-12-91). Three Addenda to the Final Environmental Impact Report were approved by the Board, on October 17, 2012 (R-12-91), December 9, 2015 (R-15- 165), and on August 10, 2016, (R-16-96). The implementation of the Settlement Agreement (payment of funds, granting of access deed perfecting a property right for a use that was evaluated in the EIR) will R-17-104 Page 3 result in no additional impacts to the environment beyond those identified and evaluated in the EIR and its Addenda. NEXT STEPS Staff will proceed with implementing the terms of the Settlement. Attachments: 1. Resolution implementing the stipulation and judgement and final order of possession, authorizing the General Manager to execute the grant of access easement to Mount Umunhum Limited Partnership and a certificate of acceptance and any other documents necessary or appropriate to implementing the settlement, and authorizing a budget adjustment related thereto. 2. Two Location Maps Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Senior Real Property Agent Attachment 1 Resolutions/2017/R-17-__McQueenAcessEasement 1 RESOLUTION 17-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT IMPLEMENTING STIPULATION AND JUDGMENT AND FINAL ORDER OF POSSESSION, AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE GRANT OF ACCESS EASEMENT TO MOUNT UMUNHUM LIMITED PARTNERSHIP AND A CERTIFICATE OF ACCEPTANCE AND ANY OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO IMPLEMENTING THE SETTLEMENT (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MOUNT UMUNHUM LIMITED PARTNERSHIP), AND AUTHORIZING A BUDGET ADJUSTMENT RELATED THERETO, 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 (District) does hereby implement the Settlement reached with the Mount Umunhum Limited Partnership and authorizes the General Manager to execute the grant of an access easement to Mount Umunhum Limited Partnership, a certificate of acceptance of the easements acquired by the District from the Mount Umunhum Limited Partnership, and any other document necessary or appropriate to implementing the Settlement. SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space District authorizes the budget adjustment/increase of $441,000.00 to the Real Property FY 17-18 Budget (Fund 40). Except as herein modified, the FY 2017-18 Budget and Action Plan, Resolution No. 17-14 as amended, shall remain in full force and effect. SECTION THREE. The General Manager and General Counsel are further authorized to approve any technical revisions to the documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the implementation of this Settlement. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2017, 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/2017/R-17-__McQueenAcessEasement 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 ) ) É MCQUEEN MCQUEEN MCQUEEN* 60' wideGeneral PublicAccess Easement(Mt. Umunhum Rd) 60' widePatrol &MaintenanceEasement(Road to Mt. Thayer) 40' wideFee Strip 3400 3000 2800 2000 240 0 2 2 0 0 2600 2400 2200 2000 1800 1600 3000 2800 2 0 0 0 18 0 0 1 6 0 0 220 0 140 0 2800 26 0 0 1400 1200 1000 180 0 1600 2400 2200 2 2 0 0 2 0 0 0 1400 1200 32 0 0 2600 1600 32 0 0 260 0 1800 34 0 0 28 0 0 2800 2400 2400 2 2 0 0 2000 14 0 0 He r b e r t C r e e k RinconCreek Guadalu p e C reek H ooke r G u l c h A ustrian G u l c h L o m a P r ieta R o a d M t .U m u n h u m R o a d Mt.Umunhum Mt.Thayer RadarDish Midpeninsula RegionalOpen Space District December, 2015 Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ M t _ U m u n h u m _ A F S \ M t U m R d E a s e m e n t s \ B o a r d R e p o r t \ S A _ M t U m R d E a s e m e n t s _ O v e r v i e w _ B o a r d R e p o r t _ 2 0 1 5 1 2 0 8 . m x d Cr e a t e d B y : j h a w k 0 0.50.25MilesI (MROSD)MROSD Preserves Private Property While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features. Watershed Land Highlighted Property Santa Clara San Jose UV9 UV101 UV17 UV1 UV280 UV35 Cupertino Santa Cruz Area ofDetail Other Protected Lands Fee Strip (40' wide) *Santa Clara County parcel GIS data does not reflect recent survey Patrol/Maintenance Easement (60' wide) Sierra AzulOpen Space Preserve Sierra AzulOpen Space Preserve Attachment 2 Mount Umunhum Limited Partnership M t.U m u n h u m R o a d Hicks Rd Mt . U munh u m R oad SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District (MROSD) August 2017 Mt. Umunhum Road Easement Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ M t _ U m u n h u m _ A F S \ M t U m R d E a s e m e n t s \ B o a r d R e p o r t \ 2 0 1 7 0 8 0 9 \ S A _ M t U m R d E a s e m e n t s _ O v e r v i e w _ B o a r d R e p o r t _ 2 0 1 7 0 7 3 1 . m x d Cr e a t e d B y : j h a w k 0 0.50.25 MilesI MROSD Preserves Private Property While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Watershed Land Area of Detail ÄÆ84 ÄÆ9 ÄÆ17 ÄÆ280 ÄÆ35 ÄÆ1 ÄÆ35 Saratoga Cupertino MilpitasPalo Alto Los Gatos Mountain View Sunnyvale San Jose Other Protected Lands Easement to Mount Umunhum Limited Partnership Attachment 2 R-17-100 Meeting 17-18 August 9, 2017 AGENDA ITEM 7 AGENDA ITEM Establishing Fiscal Year 2017-2018 Tax Levy for the Midpeninsula Regional Open Space District’s General Obligation Bonds - Series 2015A and Series 2015B GENERAL MANAGER’S RECOMMENDATION Adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and Santa Cruz Counties to establish an ad valorem property tax levy of $0.90 per $100,000 (or $0.0009 per $100) in assessed value for the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA). SUMMARY On June 3, 2014, voters of the District approved the passage of Measure AA under which the District is authorized to issue up to $300 million of general obligation bonds (Bonds) over thirty years to finance Measure AA capital projects. By Resolution 2015-19 adopted on May 13, 2015, the Board of Directors authorized the issuance of up to $45,000,000 as the first tranche of the Bonds. The District subsequently issued $40,000,000 of tax-exempt bonds (Series A) and $5,000,000 of taxable bonds (Series B). DISCUSSION Debt service payments on the Bonds are paid through ad valorem taxes on all taxable property within the District. Each year, the levy is calculated based on the assessed value and the debt service amount the District needs to collect. The evolution of the tax levy is as follows: 2015-16 $.0008 per $100 of assessed valuation 2016-17 $.0006 per $100 of assessed valuation 2017-18 $.0009 per $100 of assessed valuation (proposed) Based on the debt service schedule for the Bonds, and tax revenue projections provided by the District’s Tax Administration Consultant (Goodwin Consulting Group), the Board is asked to approve resolutions for each of the three Counties authorizing the placement of an ad valorem property tax levy of $0.0009 per $100, or $0.90 per $100,000 in assessed value. FISCAL IMPACT The establishment of the ad valorem property tax levy will provide the District with sufficient revenues to pay the scheduled debt service payments on related debt service March 1, 2018 and September 1, 2018. R-17-100 Page 2 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS If approved by the Board, staff will forward the resolutions to the relevant departments and Board of Supervisors of each County for inclusion in the 2017-2018 property tax bills. Attachments: 1. Resolution of the Midpeninsula Regional Open Space District Setting the Tax Rate on Voter Approved General Obligation Bonds – County of San Mateo 2. Resolution of the Midpeninsula Regional Open Space District Setting the Tax Rate on Voter Approved General Obligation Bonds – County of Santa Clara 3. Resolution of the Midpeninsula Regional Open Space District Setting the Tax Rate on Voter Approved General Obligation Bonds – County of Santa Cruz Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Andrew Taylor, Finance Manager Resolutions/2017/17-___SMC Measure AA Levy 1 RESOLUTION NO. 17-____ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SETTING THE 2017-18 TAX RATE FOR SAN MATEO COUNTY ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, the Midpeninsula Regional Open Space District (the “District”) is a regional open space district that includes territory in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District is empowered to issue general obligation bonds that are authorized by two-thirds of the qualified electors of the District pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (collectively, the “Act”); and WHEREAS, a special bond election was duly and regularly held in the District on June 3, 2014, for the purpose of submitting a ballot measure to the qualified electors of the District (the "2014 Authorization"), and more than two-thirds of the votes cast at the election approved the issuance of up to $300 million of general obligation bonds to finance certain projects specified in the 2014 Authorization; and WHEREAS, pursuant to its Resolution No. 15-19, the District issued its General Obligation Bonds 2015, Series A and Series B in the aggregate principal amount of $45,000,000 pursuant to the Act; and WHEREAS, Section 5569 of the Public Resources Code provides that, for the purpose of paying all sums coming due for principal and interest on all bonds of the District, there shall be levied and collected each year a tax sufficient to pay the annual interest on such bonds and, also, that part of the principal which will become due before the time for setting the next general tax levy; and WHEREAS, Section 5571 of the Public Resources Code provides that the Board of Supervisors of the County of San Mateo, at the time of making the general tax levy in each year, levy a tax upon all the real and personal property within the District and within its respective County at a rate sufficient to meet the proportion of taxes necessary to be raised in the County for the purpose of paying the principal and interest of the bonds and other indebtedness of the District; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby determines that the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2018 and September 1, 2018 is $0.0009 per $100 of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. Attachment 1 Resolutions/2016/16-___SMC Measure AA Levy 2 SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of San Mateo, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2017-2018 property tax bill and collected by each of the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2017, 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 Resolutions/2016/16-___SCC Measure AA Levy 1 RESOLUTION NO. 17-___ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPENSPACE DISTRICT SETTING THE 2017-18 TAX RATE FOR SANTA CLARA COUNTY ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, the Midpeninsula Regional Open Space District (the “District”) is a regional open space district that includes territory in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District is empowered to issue general obligation bonds that are authorized by two-thirds of the qualified electors of the District pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (collectively, the “Act”); and WHEREAS, a special bond election was duly and regularly held in the District on June 3, 2014, for the purpose of submitting a ballot measure to the qualified electors of the District (the "2014 Authorization"), and more than two-thirds of the votes cast at the election approved the issuance of up to $300 million of general obligation bonds to finance certain projects specified in the 2014 Authorization; and WHEREAS, for the purpose of financing the projects authorized by the 2014 Authorization (the “Projects”), by its Resolution No. 15-19, the District issued General Obligation Bonds, Series 2015, Series A and Series B for the aggregate amount of $45,000,000 pursuant to the Act; and WHEREAS, Section 5569 of the Public Resources Code provides that, for the purpose of paying all sums coming due for principal and interest on all bonds of the District, there shall be levied and collected each year a tax sufficient to pay the annual interest on such bonds and, also, that part of the principal which will become due before the time for setting the next general tax levy; and WHEREAS, Section 5571 of the Public Resources Code provides that the Board of Supervisors of the County of Santa Clara, at the time of making the general tax levy in each year, levy a tax upon all the real and personal property within the District and within its respective County at a rate sufficient to meet the proportion of taxes necessary to be raised in the County for the purpose of paying the principal and interest of the bonds and other indebtedness of the District; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby determines that the tax rate necessary to pay the principal and interest on the Bonds coming due and payable Attachment 2 Resolutions/2016/16-___SCC Measure AA Levy 2 on March 1, 2018 and September 1, 2018 is $0.0009 per $100 of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Controller-Treasurer of the County of Santa Clara, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2017-2018 property tax bill and collected by each of the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2017, 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 2 Resolutions/2017/17-___SCrC Measure AA Levy 1 RESOLUTION NO. 17-____ A RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SETTING THE 2017-18 TAX RATE FOR SANTA CRUZ COUNTY ON VOTER APPROVED GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, the Midpeninsula Regional Open Space District (the “District”) is a regional open space district that includes territory in each of the County of San Mateo, the County of Santa Clara and the County of Santa Cruz (each, a “County”; collectively, the “Counties”); and WHEREAS, the District is empowered to issue general obligation bonds that are authorized by two-thirds of the qualified electors of the District pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of the Public Resources Code and Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (collectively, the “Act”); and WHEREAS, a special bond election was duly and regularly held in the District on June 3, 2014, for the purpose of submitting a ballot measure to the qualified electors of the District (the "2014 Authorization"), and more than two-thirds of the votes cast at the election approved the issuance of up to $300 million of general obligation bonds to finance certain projects specified in the 2014 Authorization; and WHEREAS, pursuant to its Resolution No. 15-19, the District issued its General Obligation Bonds 2015, Series A and Series B in the aggregate principal amount of $45,000,000 pursuant to the Act; and WHEREAS, Section 5569 of the Public Resources Code provides that, for the purpose of paying all sums coming due for principal and interest on all bonds of the District, there shall be levied and collected each year a tax sufficient to pay the annual interest on such bonds and, also, that part of the principal which will become due before the time for setting the next general tax levy; and WHEREAS, Section 5571 of the Public Resources Code provides that the Board of Supervisors of the County of San Mateo, at the time of making the general tax levy in each year, levy a tax upon all the real and personal property within the District and within its respective County at a rate sufficient to meet the proportion of taxes necessary to be raised in the County for the purpose of paying the principal and interest of the bonds and other indebtedness of the District; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: SECTION 1. Levy of Tax. The Board of Directors of the District hereby determines that the tax rate necessary to pay the principal and interest on the Bonds coming due and payable on March 1, 2018 and September 1, 2018 is $0.0009 per $100 of assessed valuation, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law. Attachment 3 Resolutions/2017/17-___SCrC Measure AA Levy 2 SECTION 2. Collection of Tax. The Controller is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of Santa Cruz, and to the Board of Supervisors of the County, and to take such actions and execute such documents as may be required to cause the tax rate set forth in Section 1 to be placed on the 2017-2018 property tax bill and collected by the County. SECTION 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2017, 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 3 R-17-97 Meeting 17-18 August 9, 2017 AGENDA ITEM 8 AGENDA ITEM Update Board Policy 6.04 – Board Conference Attendance Policy and Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. GENERAL MANAGER’S RECOMMENDATION Approve updates to Board Policy 6.04 – Board Conference Attendance Policy and Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. SUMMARY Effective the Fiscal Year (FY) 2017-18 budget, the conference attendance budget has increased to $3,000 per fiscal year for each Board Member, as well as $5,000 budgeted for training for the entire board. The update to Board Policy 6.04 – Board Conference Attendance aligns the expense reimbursement process and reimbursement eligibility to the Administrative Policy 4.06 – Travel, Lodging, and Meal Reimbursements, and updates Board Policy 6.06 – Meeting Compensation, Reimbursement, etc. to reflect this alignment. Additionally, the update to Board Policy 6.06 includes reimbursement of $32.50 per month for cell phone usage. DISCUSSION Effective the Fiscal Year (FY) 2017-18 budget, the conference attendance budget has increased from $1,200 for each Board Member to $3,000 per fiscal year to support Board Members to attend additional conferences and trainings to enhance their knowledge base and networking opportunities in the special district and open space environments. Additionally, effective the FY2017-18 budget, the budget for training for the entire board has increased from $2,000 to $5,000 for trainings related to executing the official duties of an elected office. The proposed update to Board Policy 6.04 – Board Conference Attendance reflects the budgeted amounts for FY2017-18. The expense reimbursement and eligibility of expenses, as proposed changes to both Board Policies (6.04 and 6.06), is aligned with the Administrative Policy 4.06 – Travel, Lodging, and Meal Reimbursements. Section III of this policy ‘Meals’ specifies that meal reimbursements are based on the federal government GSA Per Diem chart, which therefore dispenses with the need to submit itemized receipts for meal reimbursements. Board Members frequently use their cell phones to conduct Board business, take calls from constituents, and communicate with District management. The monthly reimbursement for cell phone usage is in alignment with Administrative Policy 1.08 – Cell Phone Purchase & Reimbursement. R-17-97 Page 2 FISCAL IMPACT The fiscal impact associated with the recommended action is included in the FY2017-18 Budget. There is no additional fiscal impact. BOARD COMMITTEE REVIEW This item was not reviewed by a Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS Implementation of the policy. Attachments: 1. Board Conference Attendance Policy 6.04 2. Board Meeting Compensation, Reimbursement, etc. 6.06 a. Travel Reimbursement Request Form b. Cellular Phone Reimbursement Form 3. Travel, Lodging, and Meal Reimbursements Administrative Policy 4.06 Responsible Department Manager: Stefan Jaskulak, Chief Financial Officer Prepared by: Stefan Jaskulak, Chief Financial Officer Midpeninsula Regional Open Space District Board Policy Manual Budget Guidelines for Board Conference Attendance Policy 6.04 Chapter 6 – General Effective Date: 3/22/00 Revised Date: 11/13/135/2/17 Prior Versions: 3/22/00, 3/23/05, 8/28/13, 11/13/13 Board Policy 6.04 Page 1 of 2 Purpose It is important that Board Members are afforded the opportunity to keep current on legislation, policies, practices and other matters pertinent to Midpeninsula Regional Open Space District (District) business. Therefore, funds should be budgeted each fiscal year for Board attendance at conferences and trainings directly related to District business. Expenditure of District funds associated with such conferences and trainings shall not be directed to a political candidate or ballot measure, nor a contribution to any non-profit entity, but shall be used solely for actual and necessary conference expenses such as travel, lodging, food, and registration fees. A. Each fiscal year, funds will be budgeted for Board Member attendance at conferences and trainings directly related to District business, to be allocated as follows: 1. Specific Funding: Up to $3,000 total per fiscal year to provide for conferences assigned as follows: one conference for the President, or other Board designee (ordinarily in descending order of the elected Board officers for the year), to attend a conference related to District business, such as the annual Special Park Districts Forum; and one training for a newly elected Board Member, or for a Board Member who has not attended a particular training and now desires to do so, such as a training by the California Special District Association. In the event it is unnecessary for a newly-elected Board Member to attend board member training, such as the California Special District Association Conference, a second Board Member may be designated by the Board President to attend a conference related to District business, such as the annual Special Park Districts Forum. Funding provided for in this section is intended to be exclusive of that Board Member’s budgeted allowance for conference attendance noted in Section 2 below. 2.1. General Funding: Up to $1,2003,000 per Board Member per fiscal year. Each Board Member may decide to attend appropriate general conferences or trainings related to District business up to his/her budgeted allowance of $1,2003,000 per fiscal year without further Board approval. Attendance at such a conference or seminar will be reported to the Board at an open public meeting in advance of attendance, and a summary report of the conference itself will be reported following attendance. Attachment 1 Board Policy 6.04 Page 2 of 2 3.2. Essential Training Funding: Up to $52,000 total per fiscal year for the entire Board to provide for essential trainings. From time to time trainings related to executing the official duties of an elected office are offered for local government elected officials by organizations, such as the California Special District Association. Such trainings that are identified by individual Board Members, General Manager, or General Counsel, in consultation with the Board President, as essential for individual or multiple Board Member(s) shall be funded independent of the Board Member’s budgeted allowance as outlined in Sections 1 and 2 above. Attendance at such trainings will be reported to the Board at an open public meeting in advance of attendance, and a summary report of the training itself will be reported following attendance. B. Each Board Member shall have the discretion to use his/her full budgeted allowance of $1,2003,000 at any time during the fiscal year. Even if serving a partial year due to such factors as appointment to serve a portion of a term to fill a vacancy, all appointed or elected Board Members are eligible to spend the full budgeted amount. However, unused funding from one fiscal year is not intended to be available to supplement another fiscal year’s funding. In the event a Board Member must resign from the Board prior to the end of his/her four- year term due to illness or other cause, it is not the intention of this Policy to seek reimbursement of this conference allowance. C. Funding allotted to each respective Board member under this policy may be used for conference or training registration fees and travel expenses such as lodging, meal expenses, transportation, and other appropriate expenses for District business, which may be calculated in a manner that is consistent with the District’s Administrative Policy concerning Travel, Lodging, and Meal Reimbursement4.06_Travel, Lodging, and Meal Reimbursements, and in accordance with applicable state and federal laws. Attachment 1 Midpeninsula Regional Open Space District Board Policy Manual Meeting Compensation, Reimbursement of Authorized Necessary Expenses for Performance of Official Duties, and Adoption of Ethics Training Requirements Pursuant to Government Code Section 53232 et seq. (AB 1234) Policy 6.06 Chapter 6 – General Effective Date: 1/30/08 Revised Date: 11/13/13 Prior Versions: Board Policy 6.06 Page 1 of 4 A. COMPENSATION OF BOARD MEMBERS 1. Pursuant to Public Resources Code Sections 5536 and 5536.5, members of the Board shall receive one hundred dollars ($100.00) for each attendance at a Board meeting. A Board meeting includes a special meeting, a continued meeting, a closed session, a public hearing, or a meeting of a standing committee of the Board. Attendance at an ad hoc or other committee meeting shall be compensable only when determined to be so by the Board. Only Board members, who are members of the committee, or authorized substitutes appointed by the presiding officer, may be compensated for attendance at the meeting. A committee of the Board includes a committee of one and Board- appointed representatives on a committee established by other organizations. The maximum total compensation per Board member allowable under this section shall be one hundred dollars ($100.00) per day and five hundred dollars ($500.00) per calendar month. B. TRAVEL AND INCIDENTAL EXPENSES INCURRED WHILE PERFORMING AUTHORIZED DISTRICT BUSINESS 1. Types of Occurrences and Meetings that Qualify for Expense Reimbursement. Board Members are eligible for reimbursement for actual and necessary expenses incurred in the performance of their authorized official duties as provided in Public Resources Code Sections 5536 and 5536.5 and AB 1234 as follows: a. Attendance at conferences in accordance with the Board’s “Budget Guidelines for Conference Attendance”, or if the Board, on a case-by-case basis, approves other conference attendance in advance, due to specific business needs of the District. b. Board authorized or General Manager requested, attendance at meetings with nonprofit organizations, joint powers agencies, other government agencies such as grant-funding agencies, District legislators or their staff, local, state or federal representatives, and similar meetings, when such attendance is necessary in order to effectively represent the District’s position on a matter of District concern. Attachment 2 Board Policy 6.06 Page 2 of 4 2. Government and Group Rates. Airlines, hotels, rental car companies, and other businesses often make special rates available to government agencies or groups. These rates are presumed to be the most economical and reasonable rates for the purposes of this Policy and shall be obtained whenever available. 3. Transportation. Generally, travel to Board-authorized conferences or other authorized travel between points within 150 miles of the District’s Administrative Office by the Board Member’s private vehicle shall be at the current rate established by the Internal Revenue Service. Travel exceeding 150 miles shall be at rates not exceeding the most economical rates of a public carrier. Specific types of transportation expenses shall be reimbursed as follows: a. Air Travel. Board Members may be reimbursed for the cost of a roundtrip economy-class ticket, provided the amount of reimbursement does not exceed the least expensive airfare that is consistent with the Board Member’s reasonable scheduling constraints. b. Personal Vehicle Travel. Board Members may be reimbursed for expenses incurred in traveling by personal vehicle at the current Internal Revenue Service mileage rate. c. Car Rental Reimbursement. Where necessary when attending a conference or other authorized travel, Board Members may be reimbursed for the expense of a rental car, provided the amount of reimbursement does not exceed the most economical and reasonable rates available. When more than one Board Member attends the event, Board Members shall share the rental car where feasible. 4. Conference and Travel Meals. Board Members may be reimbursed for meal expenses on a per diem basis for meals consumed in conjunction with conference attendance or authorized travel. The per diem rate for breakfast, lunch, and dinner shall be the daily per diem rate established by the Federal Government General Services Administration (GSA) (www.gsa.gov/perdiem) for the region where the conference/training is located. Where the conference/training site or hotel includes meals in the cost of the registration, such meals shall not be included in the per diem allowance unless dietary restrictions require obtaining meals from other sources. A breakdown of allowable rates for breakfast, lunch, and dinner may be found on the GSA web page (www.gsa.gov/mie). [SS1][SJ2]in the following amounts, which include tax and gratuity up to the per diem rate, or actual expense, whichever is less: Breakfast: $12.00 Lunch: $17.00 Dinner: $30.00[SS3][SJ4] The above limitations do not apply to meals at conferences or authorized travel at which a fixed price meal is served as part of or during the event. In such a case, the actual cost of the meal will be reimbursed. The meal reimbursement amounts set forth above will be adjusted annually effective January to reflect any changes in the most currently available Internal Revenue Service meal reimbursement rates for the Palo Alto area. Attachment 2 Board Policy 6.06 Page 3 of 4 If a meal is provided by a conference or included in the payment of the registration fee, Board Members may not be reimbursed for meals purchased in lieu of or in addition to the provided meal, unless it is infeasible for the Board Member to attend the meal due to the need to conduct other District business. For conference or authorized travel meals attended by a group of persons including a District Board Member or Members, Board Members will be deemed to have incurred a pro rata share of the meal based on the number of paid participants in the meal. Board Members shall be reimbursed for their pro rata share of the meal in an amount not to exceed the per diem meal rate limit set out in this Policy. 5.4. Conference and Travel Lodging. The District will reimburse lodging expenses when conference or other authorized travel reasonably requires an overnight stay, provided the amount of the reimbursement does not exceed economical and reasonable rates for lodging that meets the Board Member’s reasonable scheduling and official business needs. For lodging in connection with a conference, such lodging costs shall not exceed the maximum group rate available through the conference or event sponsor, provided that the lodging at the group rate is available to the Board Member at the time of booking. If the conference rate is not available, the Board Member shall use comparable lodging and may be reimbursed at a nightly rate not to exceed the maximum group rate available through the conference. 6.5. Incidental Expense Reimbursement. Board Members may be reimbursed for actual and necessary incidental expenses incurred in connection with authorized conferences or travel. Such expenses may include reasonable and customary gratuities, parking fees, taxi fares, public transportation costs, tolls, telephone calls, internet, postage, facsimile charges, and similar incidental expense. 7.6. Conference Registration Fee Reimbursement. Board Members may be reimbursed for the expense of an authorized conference registration fee as set out in the Board’s “Budget Guidelines for Board Conference Attendance” or as authorized by the Board on a case by case basis. 8.7. Other Expenses. All other actual and necessary expenses incurred in the performance of official duties that are not listed in this Policy shall not be reimbursed unless reimbursement is approved by the Board in advance of incurring the expense. 9.8. Prohibited Expense Reimbursements. Board Members shall not be reimbursed for expenses such as alcoholic beverages; spouse, domestic partner, or family member expenses; entertainment expenses such as movie, theatre, or sporting event fees; nor for fines for vehicle citations or damage to personal vehicles used in the course of District business. Exceptions can be approved by the Board when necessary to comply with the Americans with Disabilities Act or other applicable law, such as the payment for a necessary caregiver or companion to accompany a Board Member due to a qualifying disability. Attachment 2 Board Policy 6.06 Page 4 of 4 C. CELL PHONE REIMBURSEMENT The District shall reimburse Board Members for the use of their personal cellular phone to conduct Board business, receive or make calls with constituents and communicate with District management. The reimbursement shall be $32.50 per month. To be eligible for this reimbursement, the Board Member shall need to submit a completed Cell Phone Reimbursement Form to the District Clerk for processing. CD. DOCUMENTATION FOR COMPENSATION AND REIMBURSEMENT 1. Documentation Requirements. The District shall provide Board Members with expense report forms to be filed by the Member for reimbursement of actual and necessary expenses which are authorized to be reimbursed under this Policy. The form shall be used to document the expenses for which reimbursement is sought is proper under this Policy. The District shall also provide a separate form to document compensable meetings. a. Time for Filing Forms. Board Members must file expense report forms within thirty (30) calendar days of incurring the expense in order to receive reimbursement. The expense report forms shall be accompanied by itemized receipts for items documenting each expense. Compensation forms shall also be filed within thirty (30) calendar days of the meeting for which compensation is sought. In the event a Board Member is unable to file such forms within thirty (30) days due to extenuating circumstances, such as his or her absence from home or illness, the Board Member shall file such forms as soon as feasible. In no event shall such forms be filed later than ninety (90) days from the compensable meeting or incurring of the expense. If a Board Members fails to file a timely reimbursement or compensation form, the Board Members shall be ineligible to receive the requested payment. b. Offset of Amounts Due the District. If a Board Member has reimbursable expenses or compensation due from the District, and that Member owes any amounts to the District, such amounts due shall be deducted from the reimbursement or compensation otherwise due to the Board Member. c. Public Records. All documents related to reimbursable expenses are considered public records subject to disclosure under the California Public Records Act. 2. Report to Board Regarding Compensable Activities. Board Members shall provide brief reports on meetings attended for which compensation is provided by this Policy at the next regular Board meeting attended by the Board Member. The report may be made orally during Board Informational Reports, or in writing. If provided in writing, the Board Member shall state at the meeting that he or she is submitting to the District Clerk a written report of compensable meetings attended. DE. ETHICS TRAINING PURSUANT TO AB 1234 Each Board Member shall receive at least two hours of training in general ethics principles and laws relevant to his or her public service every two years. The District shall annually provide information on training alternatives available to Board Members to meet the requirements of AB 1234. The District shall maintain documentation of the dates that Board Members received this training and the entity that provided the training. Attachment 2 Date: Date: Fund Account Date TOTAL Breakfast -$ Lunch -$ Dinner -$ IE -$ Total -$ -$ -$ -$ -$ -$ -$ -$ -$ CATEGORIES Registration Air Fare Hotel Per Diem (daily per diem less provided meals) See Detail Below Mileage ($0.535 per mile as of 1/01/2017) Ground Transportation / Car Rental Other Expenses (specify) Reimbursement Amount -$ Midpeninsula Regional Open Space District TRAVEL EXPENSE REIMBURSEMENT REQUEST District Clerk Signature: Department Reimbursement AmountSub-Dept $ - Total Reimbursement Board Member Signature: Conference/Training Name: Location/Destination: Board of DirectorsName (Print) Trip Start Date:Trip End Date: Per Diem - Detail (www.gsa.gov/portal/content/101518) Board Policy 6.06(a) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OF DIRECTORS CELLULAR PHONE REIMBURSEMENT FORM Name: _______________________________________________________________________ Plan Provider: ______________________________________________________ Cell Phone #: ______________________________________________________ ___________________________________________________________________ Signature Route in order to: Inital/Date ____________________________________________ District Clerk Signature Refer to Board Policy - Chapter 6 Board - Policy 6.06 Admin Services Receptionist Human Resources Request Administrative ServicesReceived Board Policy 6.06(b) Administrative Procedure Manual Travel, Lodging, and Meal Reimbursements Chapter 4 -Fiscal and Budget Procedure 4.06 Responsible Department: Administration Effective Date: 03/01/16 Attachments: None Prior Versions: 09/12/14, AP-77-2, AP-78-10, AP-83-6, 08/01/05 Purpose The purpose of this policy is to identify and clarify those instances for which the District will reimburse employees for travel, lodging, and meal expenses. This policy applies to all full and part-time District employees (including interns) authorized to incur expenses on official District business. Definitions District Business -District business consists of those authorized activities performed by an employee of the District, acting within the scope of his/her employment, on behalf of the District. This includes attendance at meetings, trainings, and conferences that enhances the professional development and knowledge of District staff. Headquarters -Headquarters is defined as the location where the employee most frequently reports for work or spends the greatest portion of regular workdays or working time. Local Travel-One day events not requiring commercial travel or lodging. In-State Travel-Events within the state of California that require lodging and/or commercial travel. Out-oj-State Travel-Events located outside the state of California that require lodging and/or commercial travel. Travel Expenses -Travel expenses include lodging and meal expenses, transportation, and other appropriate expenses for District business. The term "travel expenses" does not include those expenses related to the employee's daily commuting expenses between his/her residence and work during the scheduled work week. • Transportation expenses consist of charges for commercial carrier fares; private car mileage allowance; parking fees; fuel (unless private car mileage allowance is authorized); bridge and road tolls; necessary bus, taxi, rental car, and other charges essential to transport the employee to and from his/her residence or official headquarters to the location of the meeting, training, conference, or other District business . Administ rat ive Proce dure 4.06 Page 1 of 6 Attachment 3 • Business expenses consist of the charges related to travel such as business phone calls, unforeseeable equipment or supply purchases, and other expenses necessary for the completion of District business. Policy and Procedure I. General Provisions A. The policy of the District is that costs for travel in conjunction with conducting District business shall be kept at a minimum. Staff will select the most economical travel arrangements, whenever possible, considering direct costs as well as staff time. Employees will be reimbursed for actual and necessary expenses incurred by the employee while conducting District business. B. The District will not reimburse any expenses for family members or guests. C. Expenditures for nonessential or personal items such as alcohol, newspapers, movies, or entertainment are not considered business expenses and therefore are not reimbursable. D. An employee is required to request and receive prior approval for all expenses that may be reasonably anticipated in the course of travel. If the travel is for a conference or training, the employee must complete the Professional Conference & Training Expense Form and submit it to the approving official prior to making travel arrangements. E. Approval authority for travel is as follows. 1. Local Travel shall be approved by the Department Manager. 2. In-State Travel shall be approved by the Assistant General Manager . . 3. Out-of-State Travel shall be approved by the General Manager. F. Travel reservations for airline tickets, lodging, and rental cars shall be made using the District's online Concur Travelstore (go to http://www.caltravelstore.com/and click on Concur login) with exceptions within this policy as outlined below. Employees may use an alternate means to reserve travel if greater cost savings can be achieved or a related training/conference provides ~ discounted rate for these types of travel reservations. G. The General Manager or designee is authorized to provide interpretations and take such action as may be necessary or appropriate to implement this policy. II. Lodging A. The District will normally reimburse an employee for the actual lodging expenses for hotel accommodations arranged by the conference/training organizer, which should not exceed the published room rate, plus taxes and parking. Administrative Procedure 4 .06 Page 2 of 6 Attachment 3 B. In the case of lodging other than at the conference/training site, or while on other District business, the employee will be reimbursed for the lowest appropriate lodging available, taking into consideration the employee's safety, distance to the conference/training/business site, and the quality of available lodging. C. In the event an employee would like to attend an approved but optional conference/training and the department's budget is not sufficient to cover the cost of the accommodations, the employee may elect to pay for a portion of the accommodation cost in order to participate. Any such cost sharing arrangement must be agreed upon in advance as part of the "prior approval" process. III. Meals A. The per diem rate for breakfast, lunch, and dinner shall be the daily per diem rate established by the Federal Government General Services Administration (GSA) (www.gsa.gov/perdiem ) for the region where the conference/training is located. The District will provide to employees an amount not to exceed GSA per diem for meal expenses, including tax and tip. The per diem will be generally be paid in advance of travel, or where not practicable as determined by the employee's supervisor, after travel. B. The specific meals that will be covered during travel must be agreed upon in advance with the department manager, with the following limitations: 1. Where the conference/training site or hotel includes meals in the cost of the registration, such meals shall not be included in the per diem allowance unless the employee has dietary restrictions that require obtaining meals from other sources in accordance with VII, Variations from the Guidelines, below. A breakdown of the allowable rates for partial travel days may be found on the GSA web page (http://www.gsa.gov/portal/content/l01518). 2. When the trip has a duration of 24 hours or less, breakfast may be claimed if the travel requires the employee to leave his/her residence two (2) hours or more before the start of their normal shift; dinner may be claimed if the travel requires an employee to return to his/her residence two (2) hours or more after the end of their normal shift. 3. In order to claim reimbursement for a business-related meal not connected with a conference or training, the meal must be for the purpose of meeting with an outside business related contact, such as a consultant or other agency representative, and must be approved in advance by the employee's department manager. 4. Alcoholic beverages are not a reimbursable expense. IV. Travel A. Mileage Reimbursement -When an employee is approved to use his/her own vehicle for travel, the reimbursement rate will be at the mileage rate established by the Internal Revenue Service. Admin istrative Procedure 4.06 Page 3 of 6 Attachment 3 B. Vehicle Rental 1. When approved to rent a vehicle, an employee shall use the District's Concur Travelstore whenever possible. Vehicles rented through Concur include loss damage waiver and $250,000 Third Party Liability Insurance coverage. 2. If unable to rent a vehicle through the Travelstore, the vehicle rental should be paid withthe District's Bank of the West credit card which covers vehide loss damage waiver. 3. If using a form of payment other than the Concur Travelstore or a District credit card, the employee shall purchase the vehicle liability and loss waiver coverage offered by the rental company. 4. Vehicle rentals should result in the lowest appropriate cost to the District. c. Non-Local Travel 1. For non-local travel, reimbursement will be made for the method of transportation that is most economical, considering both direct expense and the employee's available time. 2. An employee may use a more expensive form of transportation but will be reimbursed at the least expensive form of transportation as determined by the District (i.e. first class air versus coach). 3. Exceptions to this procedure may be allowed in the case where a disability accommodation has been requested and approved in advance by Human Resources. D. Local Travel 1. Staff is encouraged to use a District vehicle and gas credit card for local travel. 2. If an employee elects to take his/her personal vehicle, and has been approved to drive his/her personal vehicle under the Vehicle Use Authorization and Proof of Insurance Requirements Administrative Policy, the employee will be reimbursed for mileage in accordance with that policy. 3. When an employee travels from his/her home directly to a business related event, the reimbursement request shall include only those miles which exceed the number of miles the employee normally commutes to work on that particular day of the week. E. Employee Personal Business In the event that an employee elects to conduct any personal business during a District business trip, the employee will be responsible for any expense incurred for such personal business. V. Travel Advances A. A travel advance may be requested when it is not feasible to use the District's credit card or when the employee chooses not to use his/her own credit card. Travel advances Administrat ive Procedure 4.06 Pag e 4 of 6 Attachment 3 must be requested a minimum of two (2) weeks prior to travel, and must be approved by the department manager. B. Advances for registration fees or lodging costs will be made at 100% of the published rate. C. Travel advances for anticipated meal expenses will be given for the per diem rate established by the GSA for the region where the conference/training is located. Staff shall provide a copy of the appropriate per diem rate to the Professional Conference & Training Expense Form when submitting to their department manager for approval (www.gsa.gov/perdiem ). VI. Recordkeeping A. Employees must keep accurate and complete records of actual expenses incurred, including receipts and other proof of payment. Employees will not be reimbursed for costs that are not properly documented. B. Employees shall submit all records of expenses within two (2) weeks of completion of the event or travel, unless an exception is approved by the Assistant General Manager, and must be submitted in time for the costs to be expensed within the fiscal year that the expenses are incurred and budgeted. C. If the travel was for a conference or training, the employee must complete the Professional Conference & Training Expense Form and submit it to the department manager for approval and then forwarded to Human Resources and Finance staff. VII. Variations From the Guidelines Employees requesting variations from these guidelines must have them approved in advance by the General Manager or designee. VIII. Exceptions A. This policy shall not apply to mandatory extended training (longer than one week in duration), such as the Ranger's Law Enforcement Academy. Reimbursement rates for extended training will be developed by the individual department concerned and communicated to the employee in advance of the training. B. In the event of any conflict between this Policy and the provisions of State or Federal law or a Memorandum of Agreement between the District and any recognized employee organization, those provisions will supersede this policy. Administrative Procedure 4.06 Page 5 of 6 Attachment 3 General Manager's Signature: Dated: Related Policies and Procedures: Board Policy 6.04 Budget Guidelines for Board Conference Attendance; Administrative Procedure 4.02 District-Issued Credit Card Policy and Procedure; Administrative Procedure 4.08 District-paid Food Purchases Adm inis trative Procedure 4 .06 Page 6 of 6 Attachment 3 R-17-98 Meeting 17-18 August 9, 2017 AGENDA ITEM 9 AGENDA ITEM Amendment Three of the Partnership Agreement with the City of East Palo Alto GENERAL MANAGER’S RECOMMENDATION Adopt a Resolution authorizing Amendment Three of a Partnership Agreement with the City of East Palo Alto to facilitate completion of Phases IV and V comprised of six specific park elements of the Cooley Landing Vision Plan, and interagency collaboration to develop a business and operating plan for Cooley Landing Park and Education Center. SUMMARY In February 2010, the Board authorized a Partnership Agreement with the City of East Palo Alto (City) for the Cooley Landing Area of Ravenswood Open Space Preserve (Preserve) with the goal of developing the site into a bayfront city park (R-10-29). Since then, the City completed the majority of Phases I through III of Cooley Landing Park, including the new Education Center that opened in 2016. Design for Phases IV and V, which focus on site improvements, is currently under way and construction of the next phase of work is expected to begin as early as September 2017. On March 22, 2017, the Board approved $1.25 Million in Measure AA funding to design and implement six remaining Cooley Landing Park elements and an additional $200,000 in General Funds to develop a business/operating plan for the park and education center (R-17-40). The General Manager recommends amending the Partnership Agreement (Agreement) with the City to formalize the District’s funding contribution and interagency collaboration to complete this work. The Amendment before the Board is a critical path item that will provide the necessary funding and partner engagement for the City to begin construction. DISCUSSION Phases IV and V of the Cooley Landing Vision Plan are the last phases of the park that the City currently plans to implement. These phases focus on site improvements such as secondary paths, a picnic area, new paving, and an outdoor classroom. The Board approved $1.25M in Measure AA funding for six specific elements, including two outstanding items from earlier phases. The six elements are listed below: 1. Street lighting along access road (Phase IV – remaining item from Phase II) 2. New freestanding restroom building (Phase IV – remaining item from Phase III) 3. Outdoor classroom area (Phase V) 4. Path around education center (Phase V) 5. Secondary unpaved trails (Phase V) 6. New/relocated sign at entry (Phase V) R-17-98 Page 2 Site improvements beyond the six elements would be funded by the City. The six District-funded Cooley Landing Park elements will vastly expand the available park amenities for the public. They are the final park improvements that must be completed no later than June 30, 2019 in order for the City to successfully close out a grant agreement with California State Parks and receive their final $1 million grant disbursement. In addition, the Board has also allocated $200,000 in General Fund monies to develop a business and operating plan for the park to assist the City with its long-term management and maintenance of the site. An amendment to the existing Partnership Agreement between the District and City is needed at this time to formalize the District’s funding contribution and the interagency coordination to complete the remaining work items. As such, Amendment Three addresses the additional improvements to Cooley Landing Park and does not substantially change the operations and maintenance requirements that are already established in the Agreement. The City continues to coordinate with the District in the review of designs, construction plans and specifications, and bid packages prepared by City staff and the District will continue to remain involved through construction and project close out. Amendment Three also addresses the close coordination that will occur between the District and City during development of the business plan, which will include active participation in the hiring and selection process for expert consultant services, providing relevant data, reviewing draft documents, and engaging key City representatives and stakeholders. Included in Amendment Three is the mechanism to provide Measure AA funding for the design, permitting, and implementation of the six park elements approved by the Board (R-17-40). The District will reimburse the City upon receipt of proof of payment of costs and expenses for these Measure AA-funded items. The City’s next steps are to continue working with Callander Associates to complete design and construction drawings for the remaining park elements. To date, District staff has received and provided input on the project schedule and concept design. Amendment Three also provides a framework within which the District and the City can coordinate in the event that the City secures additional funding and chooses to move forward with Phase VI of the Cooley Landing that includes a viewing pier east of the education center. If the City chooses to pursue implementation of Phase VI at some future date, the details of such plans would be brought back to the Board, and the Agreement further amended to address implementation of this later phase. However, there are no imminent plans to initiate Phase VI. FISCAL IMPACT The FY2017-18 budget includes $139,389 for the Cooley Landing Vision Plan Implementation (MAA 02-001) project and $200,000 for the Cooley Landing Park Business/Operating Plan. The three-year Capital Improvement Plan also includes $1,162,350 in FY2018-19 to complete the construction of the capital improvements. R-17-98 Page 3 FY16-17 FY17-18 FY18-19 Total MAA 02-001 Planning Budget $139,389 $1,162,350 $1,301,739 Spent-to-Date (as of 7/1/17): $34,501 $0 N/A $34,501 Encumbrances: $0 N/A N/A Native Planting Project (projected): $30,000 $25,000 $55,000 Cooley Landing Vision Plan Implementation (projected): $109,389 $1,137,350 $1,246,739 MAA 02-001 Budget Remaining (Proposed): $0 $0 $0 $0 Cooley Landing General Fund Operating Budget (Proposed): Cooley Landing Park Business/Operating Plan: $0 $200,000 $0 $200,000 The following table outlines the Measure AA Portfolio 02 Regional: Bayfront Habitat Protection and Public Access Partnership budget, costs-to-date, and the fiscal impact related to the Cooley Landing Project (MAA 02-001). This proposed capital improvement work serves to “develop city-to-bay trails. Support…. associated interpretive facilities”. MAA #02 Portfolio Allocation: $5,052,000 Life-to-Date Spent (as of 6/30/17): $296,730 Grant income received to date (as of 6/30/2017): ($104,338) Encumbrances: $60,098 Future Cost for Native Planting Project at Cooley Landing: $55,000 Future Cost for Cooley Landing Vision Plan Implementation: $1,246,739 MAA #02 Balance Remaining (Proposed): $3,497,771 BOARD COMMITTEE REVIEW The Diversity Ad Hoc Committee met on December 9, 2016 meeting to discuss the Measure AA funding for this project. The Board met on March 22, 2017 to approve Measure AA funding for six specific elements of the Cooley Landing Vision Plan as well as a General Fund allocation to develop a business and operations plan for the park. PUBLIC NOTICE Public notice was provided as required by the Brown Act. The City also received notice of this item. CEQA COMPLIANCE On July 27, 2011, the Board of Directors concurred as a Responsible Agency with the findings made by the City on the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) that was prepared for the Cooley Landing Vision Plan and certified on February 15, 2011. The recommended actions that are part of this Agenda Item are consistent with the MND and MMRP. R-17-98 Page 4 NEXT STEPS The City will continue progress on design and bid drawings. Construction of some elements could begin as early as late 2017 with completion of the remaining work estimated by mid-2019. District staff will continue coordinating with the City throughout design and construction. Also, a Request for Qualifications and Proposals (RFQP) for consultant services to develop the business plan is underway. A draft of the RFQP will be reviewed by the Diversity Ad Hoc Committee and City staff for input, and subsequently brought to the City Council and full Board for final review prior to its release for consultant solicitation. Attachments: 1. Resolution 2. Partnership Agreement with Amendments One and Two 3. Amendment Three of the Partnership Agreement Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Tina Hugg, Senior Planner Contact person: Tina Hugg, Senior Planner Dave Jaeckel, Management Analyst II (for Cooley Landing business plan) Resolutions/2017/R-17-__CooleyPartnershipAgmt3rdAmendment 1 RESOLUTION NO. 17-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMENT THREE TO THE PARTNERSHIP AGREEMENT WITH THE CITY OF EAST PALO ALTO FOR THE COOLEY LANDING AREA OF RAVENSWOOD OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District (“District”) does resolve as follows: SECTION ONE. The District and City of East Palo Alto are parties to the Partnership Agreement (“Agreement”) for the Cooley Landing Project (“Project”) dated February 24, 2010 and amended September 11, 2011 and September 3, 2013. District and City wish to enter into a third amendment to the Agreement (Amendment Three) which, among other things, would facilitate funding and development of the next phases of the Project. SECTION TWO. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve Amendment Three to the Partnership Agreement (“Amendment”) between the District and the City of East Palo Alto. The Board hereby authorizes the Board President to execute said Amendment. SECTION THREE. The General Manager and General Counsel are further authorized to approve minor revisions to the Amendment which do not substantially change any material terms of the Agreement. The General Manager or the General Manager’s designee is further authorized to execute any and all other documents necessary or appropriate to entering into the Amendment. * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2017, 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/2017/R-17-__CooleyPartnershipAgmt3rdAmendment 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 PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT THIS AGREEMENT is entered into by and between the CITY OF EAST PALO ALTO, a municipal corporation, ("CITY") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public DISTRICT under the laws of California, ("DISTRICT"), dated February 24, 2010 . RECITALS WHEREAS, DISTRICT's Mi ss ion is to acquire, re store , preserve and protect, in perpetuity, open s pace land as part of the regiona l greenbelt , and to provide opportunities for eco logicall y sensitive publi c enjoyment and education; and WHEREAS , District owns tho se certain lands more specifi cally identified as San Mateo Co unty Assessor's Parcel Numbers 063-590-040 , 063-590-060, 096-230-150 and 096-2 3 0-130, comprising a portion of Ravenswood Open Space Preserve ("Preserve") and which have been legi slatively dedicated for purposes of public open space pursuant to the California Public R eso urces Code; and WHEREAS, C ITY owns that certain parcel of land more specifically identifie d as San Mateo Co unty Assessor's Parcel Number 063 -590-030 which it has zoned for Reso urc e Management purposes; and WHEREAS, the CITY parcel a nd portions of the DISTRICT parcel s make up that certain promontory of land into the San Francisco Bay generall y known as Cooley Landing; and WHEREAS, CITY and DISTRICT desire to further th eir common goa l of pro v iding access ible public open spaces to further the recreational and educational opportunities of th eir constituents, and WHEREAS , CITY has undertaken a p lanning and development process (the "Project") to enhance such publi c open space and the associated recreational and educational values at Cooley Landing; and WHEREAS , City intends to app ly for grant funding for the Project under the Statewide Park Development and Community Revita li zation Program of2008; and WHEREAS, DISTRICT de sires that the Project include the Cooley Landing Area of Ravenswood Open Space Pre serve owned by DISTRICT; NOW, therefore , in consideration of the mutual promises, covenants and obligatio ns contained herein, CITY and DISTRICT agree: -1 - Attachment 2 1. Project Site. DISTRICT owns the real property within the City of Menlo Park, State of California, as shown on Exhibit A, attached hereto and incorporated herein ("Project Site"), which consists of Area A, the upland portions of APNs 096-230-130 and 096-230-150 which are closed to the public, and Area B, within the Cities of East Palo Alto and Menlo Park, State of California, the Preserve public parking lot (portions of APN 063-590-040 and 063- 590-060) which is open to the public. 2. Term. The term of this Agreement shall commence upon execution hereof by the duly authorized representatives ofthe CITY and the DISTRICT and shall consist of: a. Phase I -Plan development, environmental review and permitting b. Phase II-Project construction from completion of Phase I design c. Phase III-Project operation upon completion of Phase II construction Time is of the essence to this Agreement. City shall diligently pursue completion of Phases I and II consistent with its contractual obligations for grant funding and with all otherwise applicable laws and regulations. The maximum term of this Agreement shall not exceed 30 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body. Before each subsequent phase, CITY and the DISTRICT shall amend this Agreement, as necessary to accommodate evolving conditions, including development of supplemental operations and maintenance agreements. The Parties agree to timely meet, and to ne go tiate in good faith, toward an extension of this Agreement, as it may be amended from time to time, at such time(s) as appropriate. 3. Site Use, Access, Control and Security. a. CITY is permitted to access and use to the Project site for all purposes reasonably in furtherance of the Project plan deve lopment to be completed during such Phase I hereof. b. CITY shall maintain control and security of the Project Site -Area A, including but not limited to restricting public access, securing the site by f encing or other appropriate means and regul ar law enforcement p atrol s . DISTRICT shall continue to maintain and secure Area B, except as otherwise noted in thi s Agreement. c. CITY is r esponsible for opening the Prese rve gate at th e end of Bay Road by 9 a.m., each weekday morning (Monday through Friday), excluding CITY holidays . If CITY is unable to fulfill this obligation, City shall immediatel y notify DISTRICT at DISTRICT's 24-hour Emergency Dispatch telephone number at (650) 903-6395. The District is respons ible for opening and clo sing the gate at all other times , i.e. all evenings, all weekends, and on all CITY holidays and any time the City notifies the DISTRICT it is unable to fulfill this obligation. d. CITY, its employees, agents, contractors and consultants shall be helpful and courteous in all contacts with visitors, neighbors, agents , officials, tenants, lessees and employees of the DISTRICT. DISTRICT, its employees, age nts, contractors and consultants shall -2 - Attachment 2 be helpful and courteous in all contacts with vis itors, neighbor s, agents, officials, tenants, lessees a nd employees of the CITY. CITY shall inform DIS T RICT staff of all of its public meetings rel ated to the design and use of Cooley Landing. CITY sha ll provide biannual updates to the DISTRICT. All si gnage and public documents sha ll recognize the DISTRICT (as appropriate) as a partner. DISTRICT shall inform CITY staff of a ll of its public meetings related to the design and use of Cooley Landi ng. DISTRICT shall provide biannual upd ates to the CITY. All sig nage and public documents shall recognize the CITY (a s approp riate) as a partner. e. CITY sha ll promptly notify DISTRICT's 24-hour Emergency Disp atch telepho ne numb er at (650) 903-6395 to report any observed or known fire s, tr es pass ing , huntin g, or ill egal activ iti es on the Proj ect Site o r o n adjoi n ing Di strict land s. DISTRICT s ha ll promptly notify the Menlo Park Fire Department at (650) 688-8400 to report a ny observed o r kno wn fires and sha ll promptly notify the CITY's Police Department at (650) 32 1-1112 to report any observed trespassing, huntin g, or ill egal activ itie s o n the Project Site. f. Except as otherwise pro vid e here in o r by express written permission granted by DISTRICT, CITY shall not during Phase I of this Agreement cause or a ll ow any phys i cal changes o n the Project s ite (Area A). Such changes shall include but not be limited to grading , paving, excavating or other earthmoving activities , cutting or removing trees, native shrub s , bru sh or other vegetation , and da maging or demolition of improvements or structures on the Premi ses . g. Any use of the Project Site not specificall y grante d to CITY h erein mus t be approved in w riting by DI STRI CT prior to such use commencing. 4 . Amendm ent. CITY w ill dili gently pursue deve lopment of the Proj ect consistent wi th thi s Agreement. CITY and DISTRICT ag ree to m eet a nd d iscuss in goo d faith all necessary a mendm ents that may be needed at the completion of Phase I p lan (deve lopm ent, review and permittin g) and again at the completion ofPhase II (cons truc tion) to all ow the Project to co ntinue to the next Phase. These shall include operation and maintena nce plan s for Phases II and III. Should the Proposition 84 Statewide Park Program grant be award ed , and a grant contract i s i ss ued, a ny proposed amendm ents by C ity and District shall be submitted t o the State Department of Parks a nd Recre ation, Office of Grants and Local Services for approval. 5. In s ura nce. At all times during the term of thi s Agreement CITY sha ll carry ge neral li a bility insurance , or a policy of sel f-ins uran ce, includin g owned, non-owned and hire d auto; prope rty damage; a nd death and bodily inju ry, coverin g its ris ks ari sing out of the performance of any acts pursuant to this Agreement or relating to its operation of the Proj ect. DISTRI CT sha ll be named as addi tional insured on the po l icy. Said pol i cy s hall be in an amount not l ess than Two Million Dollars ($2,000,000) fo r bodily injury and property damage li a bili ty in aggregate p er occurrence combined sing le limit and One Million Dollars ($1 ,000,000) combined single limit for auto li abi li ty. CITY shall furni s h DISTRI CT with a Certifi cate of In s urance e vid encing such in surance coverage. A t all times during th e term of -3 - Attachment 2 this Agreement DISTRICT shall carry general liability insurance, or a policy of self- insurance, including owned, non-owned and hired auto; property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. CITY shall be named as additional insured on the policy. Said policy shall be in an amount not less than Two Million Dollars ($2 ,000,000) for bodily injury and property damage liability in aggregate per occurrence combined single limit and One M illion Dollars ($1 ,000 ,000) combined single limit for auto li ability. DISTRICT shall furnish CITY with a Certificate oflnsurance evidencing such msurance coverage. 6. Indemnification. CITY hereby agrees to indemnify, defend and hold harmless DISTRICT from and agai nst all liability for a ll c laims, suits, damages , injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Coo ley Landing under this Agreement to the extent that the matter g iv ing rise to the liability is directly attributable to the negligent or wrongful acts or omissions of CITY's employees or agents or otherwise arises out of m atters whic h , by the terms of this Agreement, are the responsibility of CITY. DISTRICT h ereby agrees to indemnify, defend and hold harmless CITY from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Cooley La nding under this Agreement, to the extent that the matter giving rise to the liability is directly attributab le to the ne gligent or wrongfu l acts or omissions of DISTRICT's emp loyees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in th e event of claims or litigation aga inst either CITY or DISTRICT by a third party. In the event li ability arises due to the alleged concurrent negligence of CITY and DISTRICT, or any combinatio n thereof, each party shall contribute costs of any such suits, defense, damages, costs and liability in prop ortion to its fau lt as determined under the princip l es of comparative n egligence. 7. Termination for Default. In the event there is a breach of this Agreement by CITY or DISTRICT, the parties shall meet to re so lve the matter. If the parties are uriable to resolve a material matter informally, they shall attempt to resolve t he matter b y mediation through JAMS or other m ediator agreeable to the parties. If the parties remain unable to re so l ve the matter, DISTRICT or CITY may terminate this Agreement sixty days following the giving of notice of such as set forth herein. 8. Applicable Laws. This Agreement shall be construed and enforced pursuant to the laws of the State of California . -4 - Attachment 2 ' ' 9 . Notices: Any notice required to be given to DISTRICT shall be deemed to be duly and properly given if mailed, postage prepaid with a receipt and signature from the receiving party, and addressed to: Midpeninsula Regional Open Space Disttict General Manager 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 or personally delivered to DISTRICT at such address or at such other address as DISTRICT may designate in writing to CITY. Any notice required to be given to CITY shall be deemed to be duly and properly given if mailed, postage prepaid with a receipt and signature from the receiving party, and addressed to: City of East Palo Alto City Manager 2415 University Avenue, 211d Floor East Palo Alto, CA 94303 (650) 853 -3100 or personally delivered to CITY at such address or such other address as CITY may designate in writing to DISTRICT, with a receipt and signature from the receiving party. 10. Waiver: The failure of any party to insist upon a strict perfmmance of any of the tenus, conditions and covenants contained herein shall not be deemed a waiver of any tights or remedies that CITY or DISTRICT may have and shall not be deemed a waiv er of any subsequent breach or default of the terms, conditions and covenants contained herein. 11. Severability: If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be voi d, voidable or unenforceable, such covenant or covenants, such agreement or agreements or such potiions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or pmiions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. 12. Captions: The captions in the atiicles of this Agreement are inserted for convenience purposes only and shall not affect the tenns of this Agreement. -5- Attachment 2 IN WITNESS WHEREOF, CITY and DISTRICT execute this Agreement. By: Date: '3 4 /; c5 r; ~~~~~~;...::-'f-···""~¥AW.J~roved as to fonn for CITY: ~ ::2 // Vmcent C. Ewing City Attorney For the MID PENINSULA REGIONAL OPEN SPACE DISTRICT By:~~~ Pres1dent Date: i:.k . ). tJ:; 2 o 1 o Board ofDirectors Attest~~ D~-u>ur District Clerk J Approved as to form for DISTRICT: _ _,~"----=---"-'--u __ Ofl/t---'-~---­ Susan Schechnan General Counsel -6 - Attachment 2 Ravenswood Open Space Preserve Ci t y o f M e n l o P a r k Ci t y o f M e n l o P a r k City of E a s t P a l o A l t o City of M e n l o P a r k City of M e n l o P a r k Ci t y o f E a s t P a l o A l t o Ci t y o f E a s t P a l o A l t o Area A S a n F r a n c i s c o B a y Area AArea B City of E a s t P a l o A l t o Ravenswood Open Space Preserve City of M e n l o P a r k City of E a s t P a l o A l t o Palo Alto Baylands 063-590-060063-590-060 096-230-130096-230-130 096-230-150096-230-150 063-580-090063-580-090 096-230-140096-230-140 063-590-030063-590-030 063-590-040063-590-040 063-122-030063-122-030 063-121-400063-121-400 096-230-140096-230-140 0 125 25062.5 Feet Exhibit A: Cooley Landing Area, Ravenswood Open Space Preserve Produced by Midpeninsula Regional Open Space District, December 2009 Fi l e : G : \ P r o j e c t s \ R a v e n s w o o d \ C o o l e y L a n d i n g \ A r e a A _ A r e a B . m x d MROSD Property Parcel Boundary Area A Area B City Boundary B a y R o a d C o o l e y L a n d i n g Attachment 2 AMENDMENT TO PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST P ALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment to Partnership Agreement ("Amendment") is entered into by and between the City of East Palo Alto, a municipal corporation ("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of Califomia ("District"), dated C,6P1. lA U/I ("Effective Date"). WHEREAS , the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley ,Landing Project ("Project") dated February 24, 2010 ("Agreement"). WHEREAS, Section 4 of th e Agreement provides that City and District shall meet and discuss in goo d faith all neces sary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone (defined below). WHEREAS , the plan review and permitting process Milestone for Phase 1 of the Project, remediation and trail access is near completion and the parties have di scussed certain term s and conditions that should be reflected in the Agreement going forward. WHEREAS, District and City des ire to enter into this Amendment to , among other things, establish a template ofterms and conditions which the parties wish to incorporate into the Agreement to continue facilitating development of future phases of the Project. WHEREAS, except where spec ifically stated the terms and conditions set forth herein shall supplement those term s and conditions set forth in the Agreement. WHEREAS, capitalized terms used but not defined in this Amendment shall have the re spective meanings pro vided in the Agreement. NOW, THEREFORE, in eonsideration of the mutual promises, cov enants and obligations contained herein, City and Di strict agree to the Amendment as follows: 1. Recitals. The recitals above are incorporated by referenc e as though fully stated herein. 2. Project Milestones. The term "Phase" as used and described in Section 2 of the Agreement is hereby deleted and replaced with the term "Milestone." The term "Phase," when used herein and in any subsequent amendment, shall refer to a phase or those phases of Construction as more specifically described in the Cooley Landing Vision Plan Project Plans and Specifications approved in concept by the City of East Palo Alto on July 20, 20 10 ("Vision Plan") and incorporated herein by reference. 1 Attachment 2 3. Term. The third sentence in Section 3 is hereby deleted in its entirety and shall be replaced with the following: "The maximum term of this Agreement shall not exceed 35 years without a written renewal or extension entered into by the pmiies acting on the authority of their appropriate legislative body." 4. Fulfillment of Conditions. City agrees to cause the construction of the Project ("Construction") and fulfill all conditions imposed by the City 's Plmming Commission, City Council , and all applicable District regulations and other applicable laws and regulations. 5. Applicability of Mitigated Negative Declaration. City acknowledges and agrees that all activities performed or caused to be performed on the Preserve and in all Phases of the Project, now and in the future , shall be done in accordance with the Mitigated Negative Declaration and Mitigation Monitoring Program No .1 0-13 certified and adopted by the East Palo Alto City Council on February 15 ,2011 , attached hereto as Exhibit A and made a part hereof. 6. Grant of Permit to Enter; Conditions. District hereby grants City a permit to enter the Preserve in connection with the Construction for Phase One ofthe Vision Plan. District and City understand and acknowledge that while the pmiies intend for this Amendment to serve as a template of terms and conditions to govern all phases of Project construction, the permit granted by District to City pursuant to this Section 6 is only applicable for Phase One activities as described in the Vision Plan. The parties fuliher understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into any Phase One Construction agreement: a. City shall at all times comply with all applicable District regulations , and with all other applicable federal , state and local authorities , laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the area specifically depicted on Exhibit B and may not conduct activities on any District propeliy outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be moved ilID11ediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land , property, and p eople. Di strict assumes no risk and shall 2 Attachment 2 have no responsibility for safeguarding Construction equipment, propeliy, and persOlmel from injUlY , death, or damage as a result of the construction of the Project. e. All vehicles involved in Project construction shall carry properly maintained ABC fire extinguishers while on the Preserve. f. City shall cause all concrete mix ing to be done in secure containments. Concrete shall not be mi xe d within five feet of any waterway. Cleaning of tools shall occur in secure containments; City shall not allow tools to be cleaned in drainages or water bodies . All concrete waste shall be off-hauled ; water is allowed to first evaporate in containments for ease of off-haul. g. City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. h . City shall promptly notify the District upon completion of the Construction conducted hereunder. 7. C onstruction. a. Construction Plans and Specifications. District acknowledges that the City has provided , and the District has reviewed and commented on, in-progress plans for Phase One of Construction. For District's review, City will provide District with a final bid package for the Phase One of construction upon completion and prior to public release. City will provide District the oppOliunity to review and comment on construction plans and specifications and bid packages prepared by City for all subsequent Phases of Project construction prior to their implementation. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b. Commencement. Construction of the Project improvements shall commence and be performed by the City in an expedited , workmanlike manner. City shall provide District with a Construction schedule ("Construction Schedule") for each Phase of Construction within ten days following pre-Construction meetings that are held for each Phase of Construction. City shall use its best effOlis to ensure that each Phase of Construction commences and proceeds in accordance with the Construction Schedule. The City shall notify the District, in writing and in a timely mam1er , of the timeframes established b y the City for each bid opening process for each Phase of Proj ect construction and any modifications thereto. c. Completion. City shall take all steps necessary to cause diligent prosecution and completion ofthc Project construction within the times set forth in the Construction Schedule. 3 Attachment 2 d. Coordination. City recognizes that the District may concurrently continue to utilize the District pOliions of Area B (as defined in the Agreement), which may remain open to the public as determined by the District in its sole discretion. District and City shall meet and confer on a regular basis in order to coordinate all development and construction work. e. Construction Safeguards . City shall cause all necessary safeguards for the protection of workers and the public , as required by the conditions and the progress of Project work , to be erected and properly maintained at all times. 8. I nspection and A ccess to Work. All equipment, materials , and work shall be subject to inspection by the District. The District may at any time , subject to and in accordance with all applicable laws and regulations , observe the progress and quality of the work and determine , in general, if Construction is proceeding in accordance with the corresponding Construction plans and specifications . The District is not required to make comprehensive or continuous inspections to check the quality of the work, and shall not be responsible for construction means , methods , techniques, sequences , or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the District shall not relieve the City of its obligation to conduct comprehensive inspections of the work and to cause the furnishing of proper materials , labor, equipment and tools , construction of acceptable work, and providing adequate safety precautions, in conformance with the Agreement, as amended. If District discovers an issue during an inspection , the District may contact the City , and the City shall address such issue to the District's satisfaction within 30 days from the date of the District 's contact with the City . 9. Default. a. Default Remedies. Failure by either p31iy to perform any action or covenant required by this Amendment within the time periods provided herein following notice shall constitute a "Default" under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Amendment, the claimant shall not institute any proceeding against the other p31iy if (i) such party cures the Default within thiliy (30) days following receipt of such notice of Default where the failure or delay is capable of being cured within 30 days , or (ii) such p31iy inIDlediately , with due diligence , commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence, but in any event no later than 90 days following the notice of Default, where such Default C31IDOt be cured within 30 days. b. Institution of Legal Actions. Except as otherwise specifically provided herein , upon the occurrence of a Default, the non-defaulting pmiy shall have the right , in addition to any other rights or remedies , to institute any action at law or in equity to cure , correct, prevent or remedy any Default, or to recover actual damages for any Default, or to obtain any other remedy consistent with the 4 Attachment 2 purpose ofthis Agreement. Such legal actions must be instituted in the Superior COUli of the County of San Mateo, State of California, or in the Federal District COUli for the Northern District of the State of California. Notwithstanding anything herein to the contrary , neither party shall have the right to recover any consequential , special or punitive damages in the event of a Default by the other pmiy. 10. Maintenance and Management of Project and Related Infrastructure. Except as otherwise provided in Section 11 herein, City shall assume responsibility for the patrol , operation, maintenance and management of the Project Site. City shall be responsible for maintaining and operating all Project-related infrastructure in the manner required to serve the Project and in accordance with the use and operating covenants set forth in Section 12. 11. Parking Area . City and District shall be jointly responsible for operating, maintaining and managing that area of the Project Site where the visitor parking lot is located. In the event any disagreement between the City and District arises involving the parking lot, including but not limited to issues regarding proportional use and sufficient accommodation for Preserve visitors , the pmiies agree to make diligent, good faith efforts to meet, discuss and develop a mutually agreeable resolution regarding any such disagreement(s). Additionally, the pmiies shall meet and confer prior to the commencement of each Construction Phase to assess parking lot usage and operations. 12. Construction, Use, Operating and Maintenance Covenants. City and its successors and assigns shall be required to construct, use , operate and maintain the Project in a high-quality manner and in accordance with the Vision Plan and the Project Mitigation Monitoring Program, and as more pmiicularly provided below. a. General. City covenants and agrees on behalf of itself and its successors and assigns that City shall use and continuously operate the Project for the uses herein specified and for no other purpose. b. Govenunental Requirements. City shall at all times comply with, and shall pay all costs and expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes , labor codes , ordinances , rules and regulations , as well as the Consent Decree entered on November 16 , 2005 by the United Stated District Court for the NOlihern District of California in the matter captioned United States of America and the State of California, by and through the California Department of Fish and Game and California State Lands Commission v. County of Santa Clara, et al. (No. CV -0373 PVT) (collectively, "Laws") which apply to the operation and use of the Project or any pOliion thereof, including those requiring alterations or additions to be made to , or safety appliances or devices to be maintained or installed in , on or about the Project or any portion thereof under any Laws now or hereafter adopted , enacted or made and applicable to the Project or any portion thereof, 5 Attachment 2 and payment of any fees , charges or assessments arising out of or in any way related to the Project or any pOliion thereof. All construction, use , operation and maintenance of the Project shall conform to all applicable Federal and State Occupation Safety and Health Act standards and regulations . c. General Use Prohibitions. City covenants and agrees that in connection with the use and operation of the Project, and any pOliion thereof, City will not: 1. Permit equestrian use ; or 11. Permit dogs , except guide and service dogs under physical control either participating in training program or already a specifically trained to assist the blind, deaf or disabled , and wearing an identifying vest or tag; ; or 111. Permit undue accumulations of garbage, trash , rubbish or any other refuse; or IV . Create, cause, maintain or permit any nuisance (as the same may be defined by applicable Law) in, on or about the Project; or v. Commit or suffer to be committed any waste in , on or about the Project; or VI. Use or allow the Project to be used for any unlawful purpose, or for any purpose which violates the terms of any recorded instrument affecting the Project; or VII. Do or permit to be done anything which in any way umeasonably disturbs the occupants of neighboring property; or Vlll. Cause or permit any insurance coverage on the Project to become void or voidable or make it impossible to obtain any required insurance at commercially reasonable rates ; or IX . Intentionally cause or knowingly permit any material structural damage to or deterioration of the Project or to any adjacent public or private propeliy or improvements ; or x. Violate any Law, ordinance or regulation applicable to the Proj ect. d. General Operating Standards. City covenants and agrees that it shall operate the Project in such manner and by such means as will reflect positively upon District and City. City'S responsibilities with respect to operating the Project shall include , but are not limited to: 6 Attachment 2 1. Should any unauthorized use or activity occur in Project, City may exercise its authority to correct these matters , including, where necessary, enforcing City regulations and ordinances and County ordinances. 11. City shall cause all necessary precautions to be taken to guard against and eliminate fire ha z ards. No smoking or open campfires are allowed on the Preserve , per District Ordinance. City shall not allow any vehicles to be parked on dry grass. 111. City shall repOli any encroaclunents or trespass by the neighboring properties upon the Project to the District. IV. The City shall set hours of Project operation to match those of the District's Preserve. v. Section 3.c. of the Agreement is hereby deleted and replaced with the following paragraph. "The pmiies understand and acknowledge that City intends to install an electric gate which shall open and close in accordance with the District's Preserve hours. Prior to the installation of such electric gate , City is responsible for opening the Cooley Landing and Preserve gate at the end of Bay Road by 9 a .m. and closing the gate one half hour after sunset every day. If City is unable to fulfill this obligation, City shall immediately notify District at District's 24-hour Emergency Dispatch telephone number at (650) 903-6395. The District is responsible for opening and closing the gate when the City notifies the District it is unable to fulfill this obligation." VI. Subject to District regulations, City shall issue and administer all permits for vending and special uses for the Project. District and City agree to jointly establish standards regarding the issuance of permits governing commercial solicitations on the Project Site in accordance with District Regulation section 600.1 VII. City may close portions of the Project where and when deemed necessary to avoid or correct a public health, safety or environmental ha z ard. Vlll. City shall provide for routine patrols and emergency or urgent response , to , in and around the Project, at or above the level of services existing upon the date of execution of this Agreement. e. General Standards of Maintenance. City covenants and a grees that it shall maintain, or cause to be maintained , the Project, and all improvements and landscaping within the Project (including all structures , sidewalks , pedestrian 7 Attachment 2 lighting, landscaping , and any and all other improvements on the Project and associated open space and common areas) in high-quality condition and repair , subject only to normal wear and tear , and in compliance with the Maintenance Standards (defined below). City's compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to comparable District open space preserve. To accomplish such maintenance , City shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance work, including the provision of labor , equipment , materials , suppOli facilities , and any and all other items necessary to comply with the requirements of this Section 12.e. The following standards ("Maintenance Standards") shall be complied with by City and its maintenance staff, contractors and subcontractors: 1. Maintain the surface of all pedestrian areas level , smooth and evenly covered with the type of surfacing material originally installed thereon or such substitute therefor as shall be in all respects equal thereto or better in quality, appearance and durability; 11. Remove all papers, debris, filth and refuse , and sweep, wash down and /or clean all hard surfaces , including brick, metal , concrete, glass , wood and other permanent poles, walls or structural members as required ; 111. Maintain such appropriate entrance , exit and directional signs, markers and lights as shall be reasonably required; IV. Clean lighting fixtures and relamp and /or reballast as needed; v . Maintain landscaping as necessary to maintain in high-quality condition; VI. Maintain signs, including relamping and /or reballasting and /or repairing as required; VII. Maintain and keep in first-class condition and repair all benches , shelters, planters , trash containers , and other exterior elements; Vll1. Maintain and keep in a sanitary condition public restrooms and other common use facilities; IX. Clean, repair and maintain all common utility systems to the extent that the same are not cleaned , repaired and maintained by public utilities ; x . Maintain all fountains , water courses and associated structures , drinking fountains , pumps and associated plumbing ; 8 Attachment 2 Xl. Provide adequate security lighting in all areas during periods of umestricted public access , and maintain all security and decorative light fixtures and associated wiring systems; XII. Maintain all surface and storm lateral drainage systems ; XUL Maintain all sanitary sewer lateral connections ; XIV. Promptly remove any graffiti on or about the Project; XV. Perform landscape maintenance including wateringlirrigation , fertilization , pruning, trinm1ing , shaping , and replacement, as needed, of all trees, shrubs , grass, and other plants or plant materials , weeding of all plants , planters and other planted areas , staking for support of plants as necessary , and clearance, cleaning and proper disposal of all cuttings , weeds , leaves and other debris; and XVI. Perform other maintenance as required by Law. 13. Indemnification. a. City agrees to indemnify, hold harmless , defend , and protect the District, its officers, directors, agents, and employees from and against any and all claims, losses, damages, demands , liabilities , suits , costs , expenses (including all reasonable attorney 's fees), penalties, judgments, or obligations whatsoever, made in connection with any injury , death, or damage to any person or property or pecuniary or monetary loss that results from , arises out of, or in any way relates to the activities contemplated in this Amendment. b. City hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims or liability were not caused by the sole negligence or willful misconduct of the District and provided such claims are related to City's activities under this Amendment or City 's use of the Preserve. c. City shall be responsible for any and all personal injury and propeliy damage on the Preserve caused by its acts or omissions as a result of any activities conducted pursuant to this Amendment, and shall indemnify the District against any and all claims , liabilities , or losses, including attorney's fees, on account thereof. d. City shall indemnify , defend , and hold harmless the District from and against an y legal or administrative proceedings brought against the District, and all claims , liabilities , losses , damages , cleanup costs , remediation costs or other costs , forese en and unforeseen , including without limitation, attorney , 9 Attachment 2 engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on, in or under the Preserve, when the existence of such hazardous substance, in whole or in pmi, arises out of, is attributable to or is caused by any activities, acts or omissions by City under this Amendment, whether on-site or off-site. 14. Signage and Brochures. City shall include the following in all promotion materials about City's operations in the Project Site: "Brought to you in pminership with the Midpeninsula Regional Open Space District. " 15. Partnership Agreement Remains in Effect. The Agreement, except as amended herein, shall continue in full force and effect with all other terms and conditions unchanged. If a conflict between terms in the Agreement and those in the Amendment arises, the provisions of this Amendment shall control the construction and interpretation thereof. 16. Counterparts. This Amendment may be executed in duplicate counterparts, which of which will be deemed an original. 17. Authority. Each of the pmiies represent and warrant that they have the right, power, le gal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS WHEREOF, the pmiies have executed this Amendment as of the Effective Date. CITY ~ALTO: By:~~~ ______ ~ ______ __ ML Gordon, City Manager Date: r -:2 3 -{ Z ::~4~ Valetle J. AtlllelIto , ffiterirlJ Ci~r 4tterfte,'- Date: '7/oZ '3 120 I Z. MIDPEN ~~G~ OPEN SPACE DISTRICT: 10 Attachment 2 Date: __ B-I-)~~ J,---\~ __ _ ( I ATTEST: V&~.~ District Clerk Date: g t to [ L~ APPROVED AS TO FORM: By: e.~ kG c ~olL stC ~Ha ll , General Counsel SHf# fl.'! L. $C/fhPF NE fl. Date: .PI ( I tJ- 11 Attachment 2 Exhibit A Mitigated Negative Declaration Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO JANUARY 2011 Attachment 2 PREFACE Section 21081 ofthe California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. The Initial StudylMitigated Negative Declaration concluded that the implementation of the project could result in a number of significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition ofproject approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. Cooley Landing Park Project Mitigation Monitoring & Reporting Program January 20 II Page 1 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility I for I Implementation BIOLOGICAL RESOURCES Impact BIO-1: MM BIO-1.1: A qualified biological monitor(s) will be present The project Project development during alI construction work taking place adjacent to salt marsh proponents are could result in habitats . This monitoring shall be repeated in each construction responsible for significant impacts to phase that occurs adjacent to salt marsh habitats. The monitors implementing federally and state must have experience in monitoring sensitive resource issues on mitigation listed endangered salt construction projects. Prior to the initiation of construction, measures MM marsh harvest mouse qualifications of the prospective biological monitor(s) will be BlO-l.l to MM individuals. submitted to the USFWS and CDFG for review and approval. BlO-1.12 prior to, The monitor(s) will have the authority to halt construction, if during, and after necessary, when noncompliance actions occur. The biological construction . monitor(s) will be the contact person for any employee or contractor who might inadvertently kill or injure a li sted species or anyone who finds a dead, injured, or entrapped listed species . MM BIO-1.2: Prior to the start of any ground disturbing activities on the site, the biological monitor will provide an endangered species training program to all personnel involved in project construCtion. This training shall be repeated for new personnel in each of construction phase that involves ground disturbance. At a minimum, the employee education program will consist of a brief presentation by persons knowledgeable about salt marsh harvest mouse biology and legislative protection to explain concerns to contractors, their employees, and agency personnel involved with implementation of the project. The program will include the following: a description of the species and their habitat needs; any reports of occurrences Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance City Planning Manager shall ensure all measures are implemented All measures shall be printed on all construction documents, contracts, and project plans. Oversight of Implementation City Planning Manager USFWS CDFG January 2011 Page 2 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation in the action area; an explanation of the status of the salt marsh harvest mouse and their protection under FESA and CESA; and a list of measures being taken to reduce impacts to these species during the work. Fact sheets containing this information will be distributed to all involved in the training. MM BIO-1.3: Prior to initiation of ground disturbing activities related to soil remediation or debris removal in the refugial habitat restoration area, the qualified biologist will remove pickleweed and saltgrass by hand. The qualified biologist will then complete a pre -construction survey for salt marsh harvest mouse to ensure that all mice have left the work area. To prevent salt marsh harvest mice from moving through the restoration area during construction activities, temporary exclusion fencing will be placed around a defined work area prior to the start of any ground disturbing activities on the site. The fence will be made of a material that does not allow harvest mice to pass through, and the bottom will be buried to a depth of two inches so that mice cannot crawl under the fence. All support for the exclusion fencing will be placed on the inside of the project area . MM BIO-l.4: If a salt marsh harvest mouse is observed on -site at any time during construction, work will be stopped immediately by the biological monitor until the mouse leaves the vicinity of the work area on its own volition and the USFWS and CDFG are notified . If the mouse does not leave the work area, work will not be reinitiated until the USFWS and CDFG are contacted and has made a decision on how to proceed with work Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation January 2011 Page 3 ! Attachment 2 I mpact MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Mitigation and Standard Measures activIties. The biological monitor will direct the contractor on how to proceed accordingly . The biological monitor or any other persons at the site will not pursue, capture, handle, or harass any mouse observed. The City will contract with the United States Department of Agriculture (USDA) Wildlife Services to provide predator control services. During construction, if the biological monitor or other personnel observe ravens, crows, or other predators, they will alert USDA staff to address pre(Jators appropnatmy MM BIO-1.5: All personnel and any equipment will be required to stay within the designated work sites and access corridors and will not be allowed to enter adjacent salt marsh wetlands, drainages, or habitat of listed species. Pets will not be allowed in or near the work site during or after construction. Firearms will not be allowed in or near the work sites . No intentional killing or injury of wildlife will be permitted. The work sites will be maintained in a clean condition . All trash (e.g., food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) will be placed in closed containers and properly disposed of offsite on a daily basis. No fires will be permitted at any of the work sites. MM BIO-1.6: Prior to the start of construction, a Refugial Habitat Design Plan for the marsh restoration work at the southwestern portion of the site will be prepared by a qualified biologist for review and approval by the USFWS and CDFG . No construction associated with restoration and enhancement activities within this area will be allowed to begin until approval Timeframe and Responsibility for I~lementation Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of 1m plementation January 20 II Page 4 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation from the USFWS and CDFG has been received. All des ign components incorporated into the final restoration plan will be considered in light of their benefits to the salt marsh harve st mouse . Alllong-tenn habitat re storation and enhancement items will be designed and implemented so that these areas may be utilized by the salt marsh harvest mou se for nearly 100 years given current sea level rise predictions . The restored refugial habitat in the southwestern portion of the site will remain closed to public access in perpetuity . MM BIO-1.7: Appropriate erosion control mate rials such as straw rolls will be installed as needed during construction activities within the project area. During construction activities, exclusion fencing (silt type) will be placed on both sides of the access road, between the MROSD gate and the east end of the access road. All vehicle speeds on unpaved roads will be limited to 15 mph . MM BIO-1.8: Hazardous materials used during the work period (e .g., fuels, lubricants, solvents, etc.) will be controlled, cleaned up, and properly disposed of outside the tidal marsh areas. Refueling areas for any equipment will be located at upland sites outside of wetlands . MM BIO-1.9: After construction, a final clean -up will include removal of all refuse, materials, and facilities generated by the work. Vegetation will not be removed or disturbed in the clean - up process . ----- Cooley Landing Park Project Mitigation Monitoring & Reporting Progrdm Method of Compliance Oversight of Implementation I January 20 II Page 5 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation MM BIO-I.IO: If requested, before, during, or upon completion of construction, the City of East Palo Alto will allow access by USFWS and CDFG personnel to the work areas to inspect effe cts, if any, upon the activities on the salt marsh harvest mouse . MM BIO-l.l1: Subsequent to construction, the City of East Palo Alto will submit a compliance report, prepared by the biological monitor, to the USFWS and CDFG within 60 days after completion of the work. This report will detail the dates the work occurred; information concerning the success of the actions in meeting the recommended avoidance and minimization measures; any effects on the salt marsh harvest mouse; documentation ofthe worker environmental awareness training; and any other pertinent information. MM BIO-1.12: The following describes various design measures that will further avoid impacts to salt marsh harvest mouse during project operation: • Interp retative signage will be placed along the length of the proposed shoreline trail to encourage awarene ss within the public ofwetIands ecology, endangered species life hi stories, species/predator interactions, and how predation of sensitive species can be minimized. Additional signs will be placed at various points throughout the trait system to remind park users that pets are not allowed, and to indicate that trespassing is not allowed within refugial habitat restoration area. Signage in picnic areas will be provided to Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of 1m picmentation January 2011 Page 6 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for 1m plementation indicate that feeding of wildlife is prohibited and why it is not allowed. Enforcement of the ban on dogs will be the responsibility of the City of East Palo Alto Police Department. • Educational materials and signage at the kayak/canoe launch will advise against recreational use of canoes and kayaks within or in the vicinity of the marshes of the Laumeister Tract due to danger of stranding during low tide conditions . • Trash cans, recycling containers, and the dumpster will be animal proof to reduce the amount of waste available to vermin and other predators. All loose trash (e.g., litter, food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) will be properly disposed on a daily basis. • All new lighting poles, interpretative signs, information kiosks, and fencing will be designed and established so as to discourage perching or roosting activities of avian predators (e.g., spikes can be placed on light fixtures and other possible perches). • Native shrubs will be planted along the shoreline below the pedestrian access trail to provide visual screening between wildlife and public trail users. The shrubs will have growth characteristics that discourage perching or roosting of avian predators. Prior to implementing landscaping designs for this area, the proposed planting palette will be submitted for review and approval by the USFWS, CDFG, and predator control staff. • Use of the trail system will be limited to pedestrian and/or Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation i , January 2011 Page 7 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measnres Responsibility for Implementation bicycle use only. Public users will be prohibited from using all terrain vehicles (A TV s) or other motorized equipment on the parkland trail system. Battery operated wheelchairs or other similar mechanisms associated with access for disabled individuals will be allowed. • Educational pamphlets, brochures, and other materials will be provided to park users to educate the public on minimization measures that can be undertaken to prevent feral and domestic pets and rodents from diminishing habitat quality within the project area. • The City will contract with USDA Wildlife Services to provide ongoing predator control services as needed, including trapping. Impact BIO-2: MM BIO-2.1: Construction work will be initiated on or after Prior to the start Project construction September 1 and completed on or before January 31 to avoid the of construction, if could result in short-nesting season of the California clapper rail. If work in this area construction is term significant is proposed after January 31 and prior to September I, protocol initiated after impacts to federally breeding surveys for California clapper rail will be completed January 31 and and state listed prior to any ground disturbing activities to detemline the extent prior to endangered California and location of nesting clapper rails. Results of protocol September I, the clapper rail breeding surveys will be submitted to the USFWS and CDFG for project contractor individuals. a detennination of whether work proposed within 700 feet of a shall retain a c lapper rail nest (or the activity center of vocalizing clapper qualified biologist rails) discovered during such surveys will be rescheduled to to complete the occur during the period from September 1 to January 3 I . necessary • In addition to the construction period above, the following surveys . specific construction work may also be completed June I through September 1 : All additional -----~-.-~- Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance A report prepared by a qualified biologist documenting the results to the survey shall be submitted to the City Planning Manager, CDFG, and USFWS prior to construction. All measures shall be printed on all construction Oversight of 1m plementation I I City Planning Manager CDFG USFWS January 2011 Page 8 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation • Tree pruning and installation of temporary fencing measures shall be around trees to remain completed • Tree removal according to the • Removal of barbed wire fence, unused pedestrian bridge, specified utility poles, water tank construction • Removal of asphalt paving (16,000 sf) and gravel access timeframe by the road (6,000 sf) project • Temporary construction fencing at east end of existing proponents . parking lot • Storm water pollution prevention measures (silt fences, truck tire wash-offs, wattles, etc.) • Clearing and grubbing understory vegetation east of parcel line (avoiding wetland, shoreline, and tidal marsh areas) • Rough grading of upland areas • No more than 4 trucks per day importing clean soi l and rough grading to distribute soil and placing only on the eastern half of the peninsula, farthest from the marsh area. • The following construction activities may only take place between September 1 and January 31: • RemovaUrelocation of concrete debris in wetland area • Rip rap augmentation along shoreline • Disassembly of steei boat launch structure between jetties • Revegetation efforts near the wetland or tidal marsh areas • Import clean fill onto the site MM BIO-2.2: Implement MM BIO-l.S through MM BIO-1.12. The California clapper rail and salt marsh harvest mouse are Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance documents, contracts, and project plans. Oversight of Implementation I January 2011 Page 9 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for -Implementation found in similar locations in the vicinity of the project site and the measures necessary for species protection are similar for both. Thus, implementing Mitigation Measures mO-I.S through 1.12 relevant to the salt marsh harvest mouse would also mitigate impacts to the California clapper raiL Impact BI0-3.: MM BIO-3.1: Bank stabilization work along the shoreline will During all bank Project construction be subject to the following measures: stabilization work could result in • disturbance and removal of aquatic vegetation will be along shoreline by significant short-term avoided; project impacts to federally • limit the duration and extent of in-water work to the contractors. and state listed minimum necessary to complete the work; threatened Central • implement best management practices and use of silt fence California coast or straw wattles to control sedimentation in runoff; and steelhead and green • complete in -water work only during low tides to minimize sturgeon. the number offish in the vicinity, and when steelhead are less likely to be in the project vicinity (from June 1 through November 30). MM BIO-3.2: Hazardous materials used during the construction period (e .g., fuels, lubricants, solvents, etc.) will be controlled, cleaned up, and properly disposed of outside the tidal marsh areas. Refueling areas for any equipment will be located at upland sites outside of wetlands. Impact BIO-4: The MM BID-4.1: If possible, construction should be scheduled Prior to the start project would result in between October and December (inclusive) to avoid the raptor of construction significant impacts to nesting season. Ifthis is not possible, pre-construction surveys the project nesting birds, if present for nesting raptors will be completed by a qualified ornithologist proponents shall Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance The City Planning Manager and/or designated project representative will ensure that the contractors implement the bank stabilization measures. All measures shall be printed on all construction documents, contracts, and project plans. A report prepared by a qualified ornithologist documenting the Oversight of Implementation City Planning Manager City Planning Manager CDFG January 2011 Page 10 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation on-site prior to project to identify active raptor nests that may be disturbed during retain a qualified construction. project implementation. Between January and April (inclusive) ornithologist to pre-construction surveys will be completed no more than 14 days complete the prior to the initiation of construction activities or tree relocation required surveys. or removal. Between May and August (inclusive), pre - construction surveys will be completed no more than thirty (30) days prior to the initiation of these activities. The surveying ornithologist will inspect all trees in and immediately adjacent to the construction area for raptor nests. If an active raptor nest is found in or close enough to the construction area to be disturbed by these activities, the ornithologist will, in consultation with CDFG, designate a construction-free buffer zone (typically 250 feet) around the nest. The ornithologist will submit a report to the City's Planning Manager indicating the results of the survey and any designated buffer zones to the satisfaction of the City prior to the issuance of any grading or building penn it. The City will contract with the USDA Wildlife Services to address any nests found during construction in a manner they determine appropriate. CULTURAL RESOURCES Impact CUL-l: MM CUL-1.1: Should any archaeological or paleontological To be Implementation of the indicators be exposed or discovered during either site preparation implemented jf proposed project could or subsurface construction activities, all construction work any significant adversely impact within a 50-foot radius of the find will be halted, the City archaeological or buried cultural Planning Manager and City Engineer will be notified, and a paleontological resources . qualified archaeologist or paleontologist will be retained to resources are examine the find and make recommendations. The City of encountered. Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance results to the survey and any designated buffer zones shall be submitted to the City's Planning Manager prior to construction. All measures shall . be printed on all construction documents, contracts, and project plans . If cultural resources are encountered a report will be submitted by qualified archaeologist! Oversight of Implementation City Planning Manager City Engineer January 2011 Page 11 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation Menlo Park Community Development Director will also be Contractors shall notified. stop work, in the immediate area of MM CUL-1.2:Ifhuman remains are discovered, the San Mateo the find, and County Coroner will be notified. The Coroner will determine notify the City whether or not the remains are Native American. lfthe Coroner representative and determines that the remains are not subject to his authority, Coroner as he/she will notify the Native American Heritage Commission, appropriate. who will attempt to identify descendants of the deceased. MM CUL-1.3:Ifan archeologist or paleontologist determines that the find is not a signi ficant resource, work will resume only after the submittal of a preliminary report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of the deceased Native American and for reburial will follow the protocol set forth in the CEQA Guidelines Section 15126.4 . If the site is found to be a significant archaeological site, a mitigation prog ram will be prepared and submitted to the City Planning Manager for consideration and approval, in conformance with the protocol set forth in the CEQA Guidelines Section 15126.4. MM CUL-1.4:A final report will be prepared when a find is determined to be a significant archaeological or paleontological site, andlor when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, testing, other recovered information, and conclusions. Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance paleontologist to the City Planning Manager and the City Engineer All measures shall be printed on all construction documents, contracts, and project plans. Oversight of 1m plementation I I I January 2011 Page 12 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation HYDROLOGY AND WATER QUALITY Impact HYD -l: MM HYD-l.l: Prior to the commencement of any clearing, Prior the start of Implementation of the grading or importing soil, the project will comply with the State grading and proposed project could Water Resources Control Board's National Pollutant Discharge demolition by the result in significant Elimination System (NPDES) General Construction Activities project engineer water quality impacts Permit, to the satisfaction of the East Palo Alto Director of during construction. Public Works, as follows: • The City will develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) to control the discharge of stonnwater pollutants including sediments associated with construction activities; and • The City will file a Notice ofIntent (NOI) with the State Water Resources Control Board (SWRCB). MM HYD-1.2: The project will include Best Management Practices (BMPs) to control the discharge of stormwater pollutants including sediments associated with construction activities. Prior to the issuance of a grading permit by the City of East Palo Alto, the project may be required to subm it an Erosion Control Plan to the City Project Engineer. The Erosion Control Plan will include applicable BMPs as specified in ABAG's Manual of Standards Erosion & Sediment Control Measures for reducing impacts on the City of East Palo Alto's storm drainage system fTom construction activities. MM HYD-1.3: The project will comply with the City of East Palo Alto's Grading Ordinance, including erosion and dust control measures during site preparation and with the City of Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance The City Engineer shall review and approve the finalized SWPPP. All measures shall be printed on all construction documents, contracts, and project plans. Oversight of Implementation City Planning Manager City Engineer RWQCB January 2011 Page 13 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation East Palo Alto's Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction. The following specific BMPs will be implemented to prevent stormwater pollution and minimize potential sedimentation during construction: • Restrict grading to the dry season (April 15 through October 15) or meet City of East Palo Alto requirements for grading during the rainy season; • Utilize on-site sediment control BMPs to retain sediment on the project site; • Utilize stabilized construction entrances and/or wash racks; • Implement damp street sweeping; • Provide temporary cover of disturbed surfaces to help control erosion during construction; • Provide permanent cover to stabilize the disturbed surfaces after construction has been completed; • No equipment will be operated in tidal water areas of the shorelines on or adjacent to the site; • All in-water work will only be completed during low tide to minimize the number offish in the vicinity; • No debris, soil, silt, sand, bark, slash, sawdust, cement, concrete, washings, petroleum products, or other organic or earthen material will be allowed to enter into or be placed where it may be washed by rainfall or runoff into aquatic or wetland habitat; • Standard erosion control and slope stabilization measures will be required for work completed in any area where erosion could lead to sedimentation ofa water body . For Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation January 2011 Page 14 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation example, silt-fencing will be installed just outside the limits of grading and construction in any areas where such activities will occur upslope from, and within 50 feet of, any wetland, aquatic, or marsh habitat. This fencing will be inspected and maintained regularly through out the duration of construction; • Machinery will be refueled at least 60 feet from any aquatic habitat, and a spill prevention and response plan will be developed and approved by the City of East Palo Alto. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. • Soil stockpiling, equipment staging, construction access, and other intensive soil-disturbing activities will not occur immediately adjacent to any wetlands. The limits of the construction area will be clearly demarcated with Environmentally Sensitive Area fencing by a qualified biologist to avoid inadvertent disturbance outside the fence during construction activities. • Dust suppression (e.g., using watering trucks) will be implemented during all grading, construction, and soil stockpiling activities that have the potential to mobilize dust to keep dust from being transported to vegetated wetlands nearby. If soil stockpiles are to remain on the site for long periods of time prior to the start of grading, they will be hydro-seeded so that vegetation will suppress dust and inhibit erosion. Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation I I I I January 2011 Page 15 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation LAND USE Impact LV-I: MMLU 1.1: Prior to opening the Cooley Landing area to The project Implementation ofthe fishing and boating, project proponents shall obtain MROSD proponents shall fishing and boating designation of the area as a permitted fishing and boating area. obtain necessary provision of the project In the event that such designation is not obtained, facilities will designation for could result in a be designed to discourage such uses and signs prohibiting fishing fishing and conflict with MROSD and boating will be posted. boating from land use ordinances . MROSD ---_._--------- SOURCE City of East Palo Alto, Cooley Landing Park Project Initial Study, December 20 I o. Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Approval from MROSD ---- Oversight of Implementation MROSDand City Planning Manager January 201 1 Page 16 Attachment 2 Exhibit B Construction Area Attachment 2 ilon 2 ) Phase Two: Bay Road Improvements Regrade and pave access road to east end of parking lot Pave and expa nd parking lot Improved multi-use trail alongside access road Utilities infrastructure to east end of parking lot (water, sewer. electrical ) Security lighting to east end of parking lot SeconcJ3ry Unpaved Trall - CL)m~fm S('.~UI,d"",; :;f! P.lv:mc (){O Main P.:wed Tr~ul (Aoprox 1/3 mIle, - C.lm/Oo Pnnc:po1l P;l\I'1nc.ntmjo {rtpro~-it .. ; (1,· mll!.),1 I EX1shng Pa rking l)I'j to RT"NI',M).'/1 C}JJ(:r'< ~p.J.:(f rn:-~fVl' ~"'Id UJ~' T/;I-I Vitl;r.ro;\ E!.t.1CIOIJ:lm!( 11/0 E//sll.'ntcs ",'t·dh:."J·,., I. I t ... ""'.....,. ... IOt"Wl:, .... ".,.p"" .. ,.,.,.)·L'"I)' ;"',[, MROSD Expallded 1 P arkmQ 7 .tn!I'.I E~.lCtOtJo1mlont" I Ampflado ------------ ;) Jun'.dlction I I 0Phase Three: Vehicle Access & Building Reuse ---- -Pa rking. dropoff. turnaround, overflow parking, bus waiting area Extension of access road Extension of utilities infrastructure (water. sewer, electrical) Building reuse Interpretive master plan and des ign In door exhibits Entry plaza Restroom and trash enclosure ~.." -----,- 5 ) Phase Five: Trails and Interpretive Areas Secondary unpaved trails rf1'\ Phase One: Clean up, Trail Access, Permitting I \...:../ -Multi -use trail loop through site :: Seating areas Viewing and interpretive areas (including historicat dredge exhibit) CD Split-Rail FcncinQ -' o Phase Four: Outdoor Classroom & Picnic Area -Outdoor classroom area Picnic area Extension of pathways Demolition and site clean up fo r entire site Rough grading. import fill , fill in dredge pit for entire site Restore wetland and tidal marsh Reseed grasslands and meadow area for entire site Mc..:; .. l!.lic PicIII: Owned by MROSD; Access Area City of Menlo Park ~~(~;~ :.~~~~~~:~.~;/")~ L--Ca nt devered Ov erloo kl Fisll!ng Pi cr V,5!u VO/i1dIZO Mucflc de PCSC,' ~N.T.S ® Phase Six: Viewing Piers and Additional Parking -----' -Viewing piers Parking along south side of drop-off circle Attachment 2 AMENDMENT TWO TO THE PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment Two to the Partnership Agreement ("Amendment Two") is entered into by and between the City of East Palo Alto, a municipal corporation ("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of California ("District"), dated ..5~-ft_:nr. Jx-y 3 . <c:> 1 ~ ("Effective Date"). WHEREAS, the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley Landing Project ("Project") dated February 24, 20 l 0 ("Agreement"), attached hereto as Exhibit A ; and WHEREAS, in contemplation of the construction of Phase I of the Vision Plan, the City and the District entered into an Amendment to the Partnership Agreement, in which the District granted the City a permit to enter the Preserve to construct Phase I of the Vision Plan, effective September 20 , 2011, attached hereto as Exhibit B ("Amendment One"); and WHEREAS, the construction of Phase I of the Vision Plan, as described in Amendment One, was completed by the City in 2012 for which the City filed a Notice of Completion on November 2 8, 2012; and WHEREAS , following the construction of Phase I, the applicable regulatory agencies approved, and the City implemented, a post-closure maintenance plan, the "Revised Operatio ns and Maintenance Plan," dated July 13,2012 ("O&M Plan"); and WHEREAS, in Apri12012 the City was notified that it was awarded a grant of$5 million in California Proposition 84 funding for the purpose of completing construction of Phases II through IV of the Vision Plan (Phases II and III pertaining to access road improvements and a nature education center); and WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discuss in good faith all necessary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone; and WHEREAS, the plan review and permitting process for Phase II of the Project (access road improvements) is near completion, and the design for Phase III of the Project (a nature education center) is anticipated to be complete for construction in Fall2014, and the parties have discussed certain terms and conditions that should be reflected in the Agreement going forward ; and WHEREAS, District and City desire to enter into this Amendment Two to facilitate Phases II and III of the Project; and WHEREAS, except where specifically stated, the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, City and District agree to this Amendment Two as follows: Attachment 2 I . Recitals . The recitals above are incorporated by reference as though fully stated herein. 2 . Grant of Permit to Enter; Conditions. District hereb y grants City a permit to enter the Preserve in connection with the upcoming construction of Phase II, c o nsisting of the installation of utilities and constructi o n of improvements to the existing access road primaril y on District property, and Phas e III , consisting of the construction of a new nature education center on City property, of the Vision Plan . The permit granted b y District to City pursuant to this Amendment Two to the Agreement is only applicable to Phases II and III as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activ ities in connection w ith thi s permit to enter are subject to the following conditions, which City shall incorporate into its construction agreement(s) for Phases II and III: a. City shall at all times comply with all applicable District regulations, and with all other applicable federal , state and local authorities, laws, ordinances and regulations. b. City shall limit the Constructi o n activities on the Preserve to the areas generally described in its construction plans and specifications, and may not conduct acti vities on any Di s trict property outside of this area without prior written approval of the District. c . If fueling must occur o n-s ite, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be mo v ed immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land , property, and people. District assumes no risk and shall have no responsibility for safeguarding Construction equipment, property, and personnel from injury, death, or damage as a result of the construction of the Project. e. All vehicles involved in Project construction shall carry properly maintained ABC fire extinguishers while on the Preserve. f. City shall cause all concrete mixing to be done in secure containments. Concrete shall not be mixed within five feet of any waterway. Cleaning of tools shall occur in secure containments; City shall not allow tools to be cleaned in drainages or water bodies. All concrete waste shall be off-hauled; water is allowed to first evaporate in containments for ease of off-haul. g . City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. h. City shall promptly notify the District upon completion of the Construction conducted hereunder. 2 Attachment 2 3 . Construction. a. Construction Plans and Specifications for Phase II. District acknowledges that the City has provided, and the District has reviewed and commented on, in-progress plans for Phase IT of Construction. For District's review, City will provide District with a final bid package for the Construction upon completion and prior to public release. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b. Construction Plans and Specifications for Phase III. District and City agree that the City will provide the District with plans for Phase III of Construction for District review of planned work as it pertains to District property. City will provide District with a final bid package for the Construction upon completion and prior to public release. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. c. Coordination. City recognizes that the District may concurrently continue to utilize the District portions of Area B (as defined in the Agreement), which may remain open to the public except when it is necessary to close or restrict the area for safety reasons as deemed necessary by City during the course of construction of Phases II and III of the Project. District and City will meet and confer on a regular basis in order to coordinate all development and construction work. d. Construction Safeguards. City shall cause all necessary safeguards for the protection of workers and the public, as required by the conditions and the progress of Project work, to be erected and properly maintained at all times. 4 . Maintenance and Management of Project and Related Infrastructure. City shall retain responsibility for the patrol, operation, maintenance and management of the Project Site as described in the Agreement and its Amendment One. City further agrees and covenants that it will continue to observe and implement the requirements of the O&M Plan and ensure that Construction documents and activities incorporate all applicable requirements of the O&M Plan as it may be amended from time to time. 5. Partnership Agreement Remains in Effect. The Agreement, except as amended from time to time, shall continue in full force and effect with all other terms and conditions unchanged. If a conflict between terms in the Agreement and those in this Amendment Two arises, the provisions of this Amendment Two shall control the construction and interpretation thereof. The Parties agree that a subsequent amendment to the Agreement shall be implemented before the City initiates subsequent phases of the Project, including but not limited to Phase IV, as described in the Vision Plan . 6. Counterparts. This Amendment Two may be executed in duplicate counterparts, each of which will be deemed an original. 7. Authority. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. 3 Attachment 2 IN WITNESS WHEREOF, the parties have executed this Amendment Two as of the Effective Date. Date: r-J-(3 Date: 0 ( t i /t 3 :YIDPEW~IONAL OPEN SPACE DISTRICT : t9~ard o f Directors Date: ~J;~~--t(??,/'---/_3 __ Date : q-\ \-l ~ 4 Attachment 2 Exhibit A Partnership Agreement Attachment 2 PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT THIS AGREEMENT is entered into by and between the CITY OF EAST PALO ALTO, a municipal corporation, ("CITY") and the MID PENINSULA REGIONAL OPEN SPACE DISTRICT, a public DISTRICT under the laws of California, ("DISTRICT"), dated February 24, 2010. RECITALS WHEREAS, DISTRICT's Mission is to acquire, restore, preserve and protect, in perpetuity, open space land as part of the regional greenbelt, and to provide opportunities for ecologically sensitive public enjoyment and education; and WHEREAS , District owns those certain lands more specifically identified as San Mateo County Assessor's Parcel Numbers 063-590-040, 063-590-060, 096-230-150 and 096-230-130, comprising a portion of Ravenswood Open Space Preserve ("Preserve") and which have been legislatively dedicated for purposes of public open space pursuant to the California Public Resources Code; and WHEREAS , CITY owns that certain parcel of land more specifically identified as San Mateo County Assessor's Parcel Number 063-590-030 which it has zoned for Resource Management purposes; and WHEREAS, the CITY parcel and portions of the DISTRICT parcels make up that certain promontory of land into the San Francisco Bay generally known as Cooley Landing; and WHEREAS, CITY and DISTRICT desire to further their common goal of providing accessible public open spaces to further the recreational and educational opportunities of their constituents, and WHEREAS, CITY has undertaken a planning and development process (the "Project") to enhance such public open space and the associated recreational and educational values at Cooley Landing; and WHEREAS, City intends to apply for grant funding for the Project under the Statewide Park Development and Community Revitalization Program of2008; and WHEREAS, DISTRICT desires that the Project include the Cooley Landing Area of Ravenswood Open Space Preserve owned by DISTRICT; NOW, therefore, in consideration of the mutual promises, covenants and obligations contained herein, CITY and DISTRICT agree: - l - Attachment 2 1. Project Site. DISTRICT owns the real property within the City of Menlo Park, State of California, as shown on Exhibit A , attached hereto and incorporated herein ("Project Site"). which consists of Area A, the upland portions of APNs 096-230-130 and 096-230-150 which are closed to the public, and Area B, within the Cities of East Palo Alto and Menlo Park, State of California, the Preserve public parking lot (portions of APN 063 -590-040 and 063- 590-060) which is open to the public. 2. Term. The term of this Agreement shall commence upon execution hereof by the duly authorized representatives of the CITY and the DISTRICT and shall consist of: a . Phase I -Plan development, environmental review and permitting b. Phase II -Project construction from completion of Phase I design c. Phase III -Project operation upon completion of Phase II construction Time is of the essence to thi s Agreement. City shall diligently pursue completion of Phases I and II consistent with its contractual obligations for grant funding and with all otherwise applicable laws and regulations. The maximum term of this Agreement shall not exceed 30 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body. Before each subsequent phase, CITY and the DISTRICT shall amend this Agreement. as necessary to accommodate evolving conditions, including development of supplemental operations and maintenance agreements. The Parties agree to timely meet, and to negotiate in good faith , toward an extension of this Agreement, as it may be amended from time to time, at such time(s) as appropriate. 3 . Site Use. Access. Control and Security. a. CITY is permitted to access and use to the Project site for all purposes reasonably in furtherance of the Project plan development to be completed during such Phase I hereof. b. CITY shall maintain control and security of the Project Site-Area A, including but not limited to restricting public access, securing the site by fencing or other appropriate means and regular law enforcement patrols. DISTRICT shall continue to maintain and secure Area B , except a s otherwise noted in this Agreement. c . CITY is responsible for opening th e Prese rve gate at the end of Bay Road by 9 a.m ., each weekday morning (Monday through Friday), excluding CITY holidays . lf CITY is unable to fulfill this obligation, City shall immediately notify DISTRICT at DISTRICT's 24-hour Emergency Dispatch telephone number at (650) 903-6395. The Di s trict is responsible for opening and closing the gate at all other times , i.e . all evenings, all weekends , and on all CITY holidays and any time the City notifies the DISTRICT it is unable to fulfill this obligation . d. CITY, its employees , agents , contractors and consultants shall be helpful and courteous in all contacts with visitors, neighbors, agents, officials, tenants, lessees and employees of the DISTRICT. DISTRICT, its employees, a gents, contractors and consultants shall -2 - Attachment 2 be helpful and courteous in all contacts with visitors, neighbors, agents, officials, tenants, lessees and employees of the CITY. CITY shall inform DISTRICT staff of all of its public meetings related to the design and use of Cooley Landing. CITY shall provide biannual updates to the DISTRICT. All signage and public documents shall recognize the DISTRICT (as appropriate) as a partner. DISTRICT shall inform CITY staff of all of its public meetings related to the design and use of Cooley Landing. DISTRICT shall provide b iannual updates to the CITY. All signage and public documents shall recognize the CITY (as appropriate) as a partner. e. CITY shall promptly notify DISTRICT's 24-hour Emergency Dispatch telephone number at (650) 903-6395 to report any observed or known fires, trespassing, hunting, or illegal activities on the Project Site or on adjoining District lands. DISTRICT shall promptly notify the Menlo Park Fire Department at (650) 688-8400 to report any observed or known fires and shall promptly notify the CITY's Police Department at (650) 321 -1112 to report any observed trespassing, hunting, or illegal activities on the Project Site. f. Except as otherwise provide herein or by express written permission granted by DISTRICT, CITY shall not during Phase I of this Agreement cause or allow any physical changes on the Project site (Area A). Such changes shall include but not be limited to grading, paving, excavating or other earthmoving activities, cutting or removing trees, native shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Premises. g. Any use of the Project Site not specifically granted to CITY herein must be approved in writing by DISTRICT prior to such use commencing. 4. Amendment. CITY will diligently pursue development of the Project consistent with this Agreement. CITY and DISTRICT agree to meet and discuss in good faith all necessary amendments that may be needed at the completion of Phase I plan (development, review and permitting) and again at the completion of Phase II (construction) to allow the Project to continue to the next Phase. These shall include operation and maintenance plans for Phases II and III. Should the Proposition 84 Statewide Park Program grant be awarded, and a grant contract is issued, any proposed amendments by City and District shall be submitted to the State Department of Parks and Recreation, Office of Grants and Local Services for approval. 5. Insurance. At all times during the term of this Agreement CITY shall carry general liability insurance, or a policy of self-insurance, including owned, non-owned and hired auto; property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. DISTRICT shall be named as additional insured on the po l icy. Said policy shall be in an amount not less than Two Million Dollars ($2,000,000) for bodily injury and property damage liability in aggregate per occurrence combined single limit and One Million Dollars ($1 ,000,000) combined single limit for auto liability. CITY shall furnish DISTRICT with a Certificate of Insurance evidencing such insurance coverage. At all times during the term of -3 - Attachment 2 this Agreement DISTR1CT shall carry general liability insurance, or a policy of self- insurance, including owned , non-owned and hired auto; property damage; and death and bodily injury, covering its risks arising out of the performance of any acts pursuant to this Agreement or relating to its operation of the Project. CITY shall be named as additional insured on the policy. Said policy shall be in an amount not less than Two Million Dollars ($2,000,000) for bodily injury and property damage liability in aggregate per occurrence combined single limit and One Million Dollars ($1 ,000,000) combined single limit for auto liability. DISTRICT shall furnish CITY with a Certificate of Insurance evidencing such insurance coverage. 6. Indemnification. CITY hereby agrees to indenmify, defend and hold harmless DISTRICT from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Cooley Landing under this Agreement to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of CITY's employees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of CITY. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY from and against all liability for all claims, suits, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use of Cooley Landing under this Agreement, to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of DISTRICT's employees or agents or otherwise arises out of matters which, by the terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in the event of claims or litigation against either CITY or DISTRICT by a third party . In the event liability arises due to the alleged concurrent negligence of CITY and DISTRICT, or any combination thereof, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 7. Termination for Default. In the event there is a breach of this Agreement by CITY or DISTRICT, the parties shall meet to resolve the matter. If the parties are unable to resolve a material matter informally. they shall attempt to resolve the matter by mediation through JAMS or other mediator agreeable to the parties. If the parties remain unable to resolve the matter, DISTRICT or CITY may tetminate this Agreement sixty days following the giving of notice of such as set forth herein. 8 . Applicable Laws. Thi s Agreement shall be construed and enforced pursuant to the laws of the State of California. - 4 - Attachment 2 9. Notices: Any notice required to be given to DISTRICf shall be deemed to be duly and properly given if mailed, postage prepaid with a receipt and signature from the receiving party, and addressed to: Mid peninsula Regional Open Space Dishict General Manager 330 Distel Circle Los AI tos, CA 94022 (650) 691-1200 or personally delivered to DISTRICT at such address or at such other address as DISTRICf may designate in writing to CITY. Any notice required to be given to CITY shall be deemed to be duly and properly given if mailed, postage prepaid with a receipt and signature from the receiving party, and addressed to: City of East Palo Alto City Manager 2415 University Avenue, 2"d Floor East Palo Alto, CA 94303 (650) 853-3100 or personally delivered to CITY at such address or such other address as CITY may designate in writing to DISTRICT, with a receipt and signature from the receiving party. 10. Waiver: The failure of any party to insist upon a strict performance of any of the terms, conditions and covenants contained herein shall not be deemed a waiver of any rights or remedies that CITY or DISTRICT may have and shall not be deemed a waiver of any subsequent breach or default ofthe terms, conditions and covenants contained herein. 11. Severability: If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a fmal judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. 12. Captions: The captions in the articles of this Agreement are inserted for convenience purposes only and shall not affect the terms of this Agreement. -5 - Attachment 2 IN WITNESS WHEREOF, CITY and DISTRICT execute this Agreement. TO Date: '3 4 /; () I I For the WDPENINSULA REGIONAL OPEN SPACE DISTRICT ByPr~~ Date: 4-vk -).'}:, zo 1 o Board ofDirectors Attest: hl.I'A.-f) t.u> Uf District Clerk J Approved as to form for DISTRICT: _ _,~4--'-"-.!-:-~--"'----'----=----­ Susan Schectman General Counsel -6 - Attachment 2 Exhibit A: Cooley Landing Area , Ravenswood Open Space Preserve MROSD Property -62.5 125 250 Produce d by Midpeninsula Regional Open Space District. December 2009 0 Parcel Boundary ..1 L------Feel Attachment 2 Exhibit B Amendment One to Partnership Agreement Attachment 2 AMENDMENT TO P ARTNERSIDP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment to Partnership Agreement ("Amendment") is entered into by and between the City of East Palo Alto, a municipal corporation ("City"), and the Midpeninsula Regional Open Space District, a public district under the laws of California ("District"), dated -;6rr. t-0, 2-CI I ("Effective Date"). WHEREAS, the City and District are parties to that certain Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley Landing Project ("Project") dated February 24, 2010 ("Agreement"). WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discus s in good faith all necessary amendments that may be needed at the completion of each plan review and permitting process to allow the Project to continue to the next Milestone (defined below). WHEREAS, the plan review and permitting process Milestone for Phase 1 of the Project, remediation and trail access is near completion and the parties have discussed certain terms and conditions that should be reflected in the Agreement going forward. WHEREAS, District and City desire to enter into this Amendment to, among other things, establish a template of terms and conditions which the parties wish to incorporate into the Agreement to continue facilitating development of future phases of the Project. WHEREAS , except where specifically stated the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement. WHEREAS, capitalized terms used but not defined in this Amendment shall have the respective meanings provided in the Agreement. NOW, THEREFORE, in ~onsideration of the mutual promises, covenants and obligations contained herein, City and District agree to the Amendment as follows: 1. Recitals. The recitals above are incorporated by reference as though fully stated herein. 2. Project Milestones. The term "Phase" as used and described in Section 2 of the Agreement is hereby deleted and replaced with the term "Milestone." The term "Phase," when used herein and in any subsequent amendment, shall refer to a phase or those phases of Construction as more specifically described in the Cooley Landing Vision Plan Project Plans and Specifications approved in concept by the City of East Palo Alto on July 20, 2010 ("Vision Plan") and incorporated herein by reference. 1 Attachment 2 3. Term. The third sentence in Section 3 is hereby deleted in its entirety and shall be replaced with th e following: "The maxirmun term of this Agreement shall not exceed 35 years without a written renewal or extension entered into by the parties acting on the authority of their appropriate legislative body." 4. Fulfillment of Conditions. City agrees to cause the construction of the Project ("Construction'') and fulfill all conditions imposed by the City's Platming Conunission, City Counci l, and all applicable District regulations ru1d other applicable la ws and regulations. 5. Applicability of Mitigated Negative Declaration. City acknowledges and agrees that all activi ties performed or caused to be performed on the Preserve and in all Phases of the Project, no w and in the future, shall be done in accordance vvith the Mitigated Negative Declaration and Mitigation Monitoring Program No. 10-13 certified and adopted by the East Palo Alto City Council on Fcbruru·y 15. 20 I 1, attached hereto as Exhibit A and made a part hereof. 6. Grant of Permit to Enter; Conditions. District hereby grants City a permit to enter the Preserve in connection with the Construction for Phase One of the Vision Plan. District at1d C ity understand and acknowledge that while the patties intend for this Amendment to serve as a template oftem1s and conditions to govern all phases of Project construction, the permit granted by District to City pursuant to this Section 6 is only applicable for Phase One activities as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into any Phase One Construction agreement: a. City shall at all times comply with all applicable District regulations, and with all other applicable federaL state and local authorities, laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the ru·ea specifically depicted on Exhibit B and may not cond uct activities on any District property outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best effot1 s to ensure that vehicles do not block roadways tmlcss the vehicle is attended and can be moved immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land, property, and people. District assumes no risk and shall 2 Attachment 2 have no responsibility for safeguarding Construction equipment, property, and pers01mel from inju1y, deaU1, or damage as a result of the construction of the Project. e. All vehicles involved in Project construction shall catTy properly maintained ABC fire extinguishers while on the Preserve. f. City shall cause all concrete mixing to be done in secure containments. Concrete shall not be mixed within five feet of any waterway. Cleaning of tools shall occur in secure containments; City shall not allow tools to be cleaned in drainages or water bodies. All concrete waste shall be off-hauled; water is allowed to first evaporate in containments for ease of off-haul. g. City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. h. City shall promptly notify the District upon completion of the Construction conducted hereunder. 7 . Construction. a. Construction Plans and Specifications. District acknowledges that the City has provided, and the District has reviewed and commented on, in-progress plans for Phase One of Construction. For District's review, City will provide District with a final bid package for the Phase One of construction upon completion and prior to public release. City will provide District the opportunity to review and comment on construction plans and specifications and bid packages prepared by City for all subsequent Phases of Project construction prior to their implementation. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b . Commencement. Construction of the Project improvements shall commence and be performed by the City in an expedited, workmanlike mrumcr. City shall provide District with a Construction schedule ("Construction Schedule") for each Phase of Construction within ten days following pre-Construction meetings that are held for each Phase of Construction. City shall use its best efforts to ensure U1at each Phase of Construction commences and proceeds in accordance with the Construction Schedule. The City shall notify the District, in writing and in a timely manner, of U1e timeframes established by the City for each bid opening process for each Phase of Project construction and any modifications thereto. c. Completion. City shall take all steps necessary to cause diligent prosecution and completion of the Project construction within the times set f01ih in the Construction Schedule. 3 Attachment 2 d. Coordination. City recognizes that the District may concurrently continue to utilize the District portions of Area 8 (as defined in the Agreement), which may remain open to the public as detem1ined by the District in its sole discretion. District and City shall meet and confer on a regular basis in order to coordinate all development and construction work. e. Construction Safeguards. City shall cause all necessary safeguards for the protection of workers and the public, as required by the conditions and the progress of Project work, to be erected and properly maintained at all times. 8. Inspection and Access to Work. All equipment, materials, and work shall be subject to inspection by the District. The District may at any time, subject to and in accordance with all applicable laws and regulations, observe the progress and quality of the work and determine, in general, if Construction is proceeding in accordance with the concsponding Construction plans and specifications. The District is not required to make comprehensive or continuous inspections to check the quality of the work, and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the District shall not relieve the City of its obligation to conduct comprehensive inspections of the work and to cause the furnishing of proper materials, labor, equipment and tools, construction of acceptable work, and providing adequate safety precautions, in conformance with the Agreement, as amended. If District discovers an issue during an inspection, the District may contact the City, and the City shall address such issue to the District's satisfaction wi thin 30 days from the date of the District's contact with the City. 9. Default. a. Del~mlt Remedies. Failure by either party to perform any action or co,·enant required by this Amendment within the time periods provided herein following notice shall constitute a "Default" under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Amendment, the claimant shall not institute any proceeding against the other party if (i) such party cures the Default within thirty (30) days following receipt of such notice of Default where the failure or delay is capable of being cured within 30 days, or (ii) such patty immediately, with due diligence, commences to cure, correct or remedy such failure or delay and completes such cure, correction or remedy with diligence, but in any event no later than 90 days following the notice of Default, where such Default cannot be cured within 30 days. b. Institution of Legal Actions. Except as otherwise specifically provided herein, upon the occurrence of a Default, the non-defaulting patty shall have the right, in addition to any mher rights or remedies, to institute any action at Ia\\' or in equity to cure, cotTcct, prevent or remedy any Default, or to recover actual damages for any Default, or to obtain any other remedy consistent v..ith the 4 Attachment 2 purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of San Mateo, State of California, or in the Federal District Court for the Northern District of the State of California. Notwithstanding anything herein to the contrary, neither party shall have the right to recover any consequential, special or punitive damages in the event of a Default by the other pru1y. 10. Maintenance and Management of Project and Related Infrastructure. Except as otherwise provided in Section 11 herein, City shall asswne responsibility for the patrol, operation, maintenru1ce and management of the Project Site. City shall be responsible for maintaining and operating all Project-related infrastructure in the manner required to serve the Project ru1d in accordance with the use and operating covenants set forth in Section 12 . 11. Parking Area. City and District shall be jointly responsible for operating, maintaining and mru1aging that area of the Project Site where the visitor parking lot is located. In the event any disagreement between the City and District arises involving the parking lot, including but not limited to issues regarding proportional use and sufficient accommodation for Preserve visitors, the parties agree to make diligent, good faith efforts to meet, discuss and develop a mutually agreeable resolution regarding any such disagreement(s). Additionally, the parties shall meet ru1d confer prior to the commencement of each Construction Phase to assess pru·king lot usage and operations. 12. Construction, Use, Operating and Maintenance Covenants. City and its successors and assigns shall be required to construct, use, operate and maintain the Project in a high-quality manner and in accordance with the Vision Plan and the Project Mitigation Monitoring Progrrun, and as more pruticularly provided below. a. General. City covenants and agrees on behalf of itself and its s uccessors and assigns that City shall use and continuously operate the Project for the uses herein specified and for no other purpose. b . Governmental Requirements. City shall at all times comply with, and shall pay all costs ru1d expenses which may be incurred or required to be paid in order to comply with, any and all laws, statutes, labor codes, ordinances, rules and regulations, as well as the Consent Decree entered on November 16, 2005 by the United Stated District Court for the Northern District of California in the matter captioned United States of America ru1d the State of California, by and through the California Deprutment of Fish and Game and California State Lands Commission v. County of Santa Clara, et al. (No. CV -0373 PVT) (collectively, "Laws") which apply to the operation and use of the Project or any portion thereof, including those requiring alterations or additions to be made to, or safety appliru1ces or devices to be maintained or installed in, on or about the Project or any portion thereof under any Laws now or hereafter adopted, enacted or made and applicable to the Project or any portion thereof, 5 Attachment 2 and payment of any fees, charges or assessments arising out of or in any way related to the Project or any portion thereof. All construction, use , operation and maintenance of the Project shall confom1 to all applicable Federal and State Occupation Safety and Health Act standards and regulations. c. General Use Prohibitions. City covenants and agrees that in connection with the use and operation of the Project, and any pottion thereof, City will not: i. Permit equestrian use; or 11. Permit dogs, except guide and service dogs under physical control either paL1icipating in training program or already a specifically trained to assist the blind. deaf or disabled, and wearing an identifying Yest or tag;; or 111. Permit undue accumulations of garbage, trash. rubbish or any other refu se: or iv . Create, cause, maintain or permit any nuisance (as the same may be defined by applicable Law) in, on or about the Project; or v. Commit or suffer to be committed any waste in, on or about the Project or vi. Usc or allow the Project to be used for any unlawful purpose, or for any purpose which violates the terms of any recorded instrument affecting the Project ; or Vtl. Do or permit to be done anything which in any way unreasonably disturbs the occupants of neighboring propet1y; or viii. Cause or petmit any insurance coverage on the Project to become void or voidable or mnke it imposs ible to obtain any required insurance at commercially reasonable rates; or ix . Intentionally cause or kno'<vingly permit any material structural damage to or deteriomtion of the Project or to any adjacent public or private propetty or improvements; or x. Violate any Law, ordinance or regulation applicable to the Project. d. General Operating Standards. City covenants and agrees that it shall operate the Project in such manner and by such means as will reflect positively upon District and City. City's respon s ibilities with respect to operating the Project shall include, but are not limited to: 6 Attachment 2 1. Should any unauthorized use or activity occur in Project, City may exercise its authority to correct these matters, including, where necessary, enforcing City regulations and ordinances and County ordinances. 11. City shall cause all necessary precautions to be taken to guard against and eliminate fire hazards. No smoking or open campfires arc allowed on the Preserve, per District Ordinance. City shall not allow any vehicles to be parked on dry grass. 111. City shall report any encroaclunents or trespass by the neighboring propetties upon the Project to the District. iv. The City shall set hours of Project operation to match those of the District's Preserve. v. Section 3 .c. of the Agreement is hereby deleted and repl aced with the following paragraph. "The pruties understand and acknowledge that City intends to install an electric gate which shall open and close in accordance with the District's Preserve hours. Prior to the installation of s uch electric gate, City is responsible for opening the Cooley Landing and Preserve gate at the end of Bay Road by 9 a.m. and closing the gate one hal f hour after stmset every day. If City is unable to fulfill this obligation, City shall immediately notify Di s trict at District's 24-hour Emergency Dispatch telephone number at (650) 903-6395. The District is responsible for opening and closing the gate when the City notifies the District it is unable to fullill this obligation." v1. Subject to District regulations, City shall issue and administer all permits for vending and special uses for the Project. District and City agree to jointly establish standards regarding the issuance of p erm its governing commercial solicitations on the Project Site in accordance with District Regulation section 600.1 vii. City may close p01tions of the Project where and when deemed necessary to avoid or correct a public health, safety or en vironmental hazard. vu1. City shall provide for routine patrols and emergency or urgent response, to , in and around the Project, at or above the level of services existing upon the date of execution of thi s Agreement. e. General Standards of Maintenance. City covenants and agrees that it shall maintain , or cause to be maintained, the Project, and all improvements and landscaping within the Project (including all structures, sidewalks, pedestrian 7 Attachment 2 lighting, landscaping, and any and all other improvements on the Project and associated open space and common areas) in high-quality condition and repair, subject only to normal wear and tear, and in compliance with the Maintenance Standards (defined below). City's compliance with the Maintenance Standards shall be judged by a comparative standard with the custom and practice generally applicable to comparable District open space preserve. To accomplish such maintenance, City shall either staff or contract with and hire licensed and qualified personnel to perform such maintenance wo rk, including the provision of labor, equipment, materials, s upp mt faci lities, and any and all other items necessary to comply with the requirement s ofthis Section 12.e. The following standards ("Maintenance Standards") shall be complied with by City and its maintenance staff, contractors and subcontractors: 1. Maintain the surface of all pedestrian areas level, smooth and evenly covered with the type of surfacing material originally installed thereon or suc h substitute therefor as shall be in a ll respects equal thereto or better in quality, appearance and durability; IL Remove all papers, debris, filth and refuse , and sweep, wash down and /or clean all hard surfaces, including brick, metal, concrete, glass, wood and other permanent poles, walls or structural members as required ; 111. Maintain such appropriate entrance, exit and directional signs, markers and lights as shall be reasonably required; iv. Clean lighting fixtures and relamp and/or reballast as needed ; v. Ma intain landscaping as necessary to maintain in high-quality condition; v1. Maintain signs, including relamping and/or reballasting and/or repairing as required; vu. Maintain and keep in first-class condition and repair all benches. shelters, planters, trash containers, and other exterior elements; vu1. Maintain and keep in a sanitary condition pub li c restrooms and other common use facilities; tx. Clean, repair and maintain all common ut ility systems to the extent that the same are not cleaned. repaired and maintained by publi c utilities; x . Maintain all fountains, water courses and associated structu res, drinking fountains, pumps and associated plumbing; 8 Attachment 2 XL Provide adequate security lighting in all areas during periods of umestricted public access, and maintain all security and decorative 1 ight fixtures and associated wiring systems; xu. Maintain all surface and storm lateral drainage systems; xm. Maintain all sanitary sewer lateral connections; x1v. Promptly remove any graffiti on or about the Project; xv. Perform landscape maintenance including watering/irrigation, fertilization, pruning, trimming, shaping, and replacement, as needed, of all trees, slu·ubs, grass, and other plants or plant materials, weeding of all plants, planters and other planted areas, staking for support of plants as necessary, and clearance, cleaning and proper disposal of all cuttings, weeds, leaves and other debris; and xv1. Perform other maintenance as required by Law. 13. Indemnification. a. City agrees to indemnify, hold harmless , defend , and protect the District, its officers, directors, agents, and employees from and against any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgments, or obligations whatsoever, made in colU1ection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities contemplated in this Amendment. b. City hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to propetty, and releases the District from liability to the extent such claims or liability were not caused by the sole negligence or willful misconduct of the District and provided such claims are related to City's activities under this Amendment or City's use of the Preserve. c. City shall be responsible for any and all personal injury and property damage on the Preserve caused by its acts or omissions as a result of any activities conducted pmsuant to this Amendment, and shall indemnify the District against any and all claims, liabilities, or losses, including attorney's fees, on account thereof. d . City shall indemnify, defend, and hold harmless the District from and against any legal or administrative proceedings brought against the District, and all claims, liabilities, losses, damages, cleanup costs, remediation costs or other costs, foreseen and w1foreseen, including without limitation, attorney, 9 Attachment 2 engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on, in or under the Preserve, when the existence of such hazardous substance, in whole or in part, arises out of, is attributable to or is caused by any activities, acts or omissions by City under this Amendment, whether on-site or off-site. 14. Signage and Brochures. City shall include the following in all promotion materials about C ity 's op erations in the Project Site: "Brought to you in partnership with the Midpeninsula Regional Open Space District." 15. Partnership Agreement Remains in Effect. The Agreement, except as amended herein, shall continue in full force and effect with all other terms and conditions unchanged. If a conflict between terms in the Agreement and those in the Amendment arises, the provisions of this Amendment shall control the construction and interpretation thereof. 16. Counterparts. This Amendment may be executed in duplicate counterparts, which of whic h will be deemed an original. 17. Authority. Each of the parties represent and warrant that they have the right, power, legal capacity and auth ority to enter into and perform their respective obligations under thi s Amendment. IN WITNESS \<VHEREOF , the parties have executed this Amendment as of the Effective Date. CITY~FEASTP ALTO: By:~~ ~~--~~-------­ML Gordon, City Manager Date: /: -:< 3 -( C. AP~;:_ By~r:rt-;~ Valei le J. Atmenttr, lHlerinJ Cit¥ A Harney- Date: 7/oZ 2> J;;_o J L MIDPENI OPEN SPACE DISTRICT: President, Board of Directors 10 Attachment 2 Date: __ 3-+-)---'---1~ ),_____\~--­ { I ATTEST: ~f'~tk District Clerk Date: g l to( ~ APPROVED AS TO FORM: By: e.~ A-& c._ 1= oA.. SL ~uan, General Counsel ~I'll# fl.t( L SCHA-pp ~CJE 1Z Date: R / ( / f).. 11 Attachment 2 Exhibit A Mitigated Negative Declaration Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO JANUARY 2011 Attachment 2 PREFACE Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. The Initial Study/Mitigated Negative Declaration concluded that the implementation of the project could result in a number of significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. Cooley Landing Park Project Mitigation Monitoring & Reporting Program January 20 II Page 1 Attachment 2 MJTIGA TION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO • Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation BIOLOGICAL RESOURCES Impact BI0-1: MM BI0-1.1: A qualified biological monitor(s) will be present The project Project development during all construction work taking place adjacent to salt marsh proponents are could result in habitats. This monitoring shall be repeated in each construction responsible for significant impacts to phase that occurs adjacent to salt marsh habitats. The monitors implementing federally and state must have experience in monitoring sensitive resource issues on mitigation listed endangered salt construction projects. Prior to the initiation of construction, measures MM marsh harvest mouse qualifications of the prospective biological monitor(s) will be BI0-1 .1 to MM individuals . submitted to the USFWS and CDFG for review and approval. BI0-1.12 prior to, The monitor(s) will have the authority to halt construction, if during, and after necessary, when noncompliance actions occur. The biological construction . monitor(s) will be the contact person for any employee or contractor who might inadvertently kill or injure a listed species or anyone who finds a dead , injured, or entrapped listed species. MM BI0-1.2: Prior to the start of any ground disturbing activities on the site, the biological monitor will provide an endangered species training program to all personnel involved in project construction. This training shall be repeated for new personnel in each of construction phase that involves ground disturbance. At a minimum, the employee education program will consist of a brief presentation by persons knowledgeable about salt marsh harvest mouse biology and legislative protection to explain concerns to contractors, their employees, and agency personnel involved with implementation of the project. The program will include the following: a description of the species and their habitat needs; any reports of occurrences Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance City Planning Manager shall ensure all measures are implemented All measures shall be printed on all construction documents, contrdcts, and project plans. Oversight of Implementation City Planning Manager USFWS CDFG January 201 1 Page2 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timcframe and Impact Mitigation and Standard Measures Responsibility for Implementation in the action area; an explanation of the status of th e salt marsh harvest mouse and their protection under FESA and CESA; and a list of measures being taken to reduce impacts to these species during the work. Fact sheets containing this information will be di stributed to all involved in the training. MM BI0-1.3: Prior to initiation of ground disturbing activities related to soil remediation or debris removal in the refugial habitat restoration area, th e qualified biologist will remove pickleweed and saltgrass by hand. The qualified biologist will then complete a pre-construction survey for salt marsh harves t mou se to ensure that all mice have left the work area . To prevent salt marsh harvest mice from moving through the restoration area during construction activities, temporary exclusion fencing will be placed around a defined work area prior to the start of any ground disturbing activities on the site. The fence wil I be made of a material that does not allow harvest mice to pass through, and the bottom will be buried to a depth o f two inches so that mice cannot crawl under the fence . All support for the exclusion fencing will be placed o n the inside of the project area. MM BI0-1.4: If a salt marsh harvest mouse is observed on-site at any time during construction, work will be stopped immediately by the biological monitor until the mouse leaves the vicinity of the work area on its own volition and the USFWS and CDFG are notified. If the mouse does not leave the work area, work will not be reinitiated until the USFWS and CDFG are contacted and has made a decision on how to proceed with work Cooley Landing Park Project Mitigation Monitoring & Reponing Program Method of Compliance Oversight of Implementation January 20 II Page 3 Attachment 2 Impact MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Mitigation and Standard Measures activities. The biological monitor will direct the contractor on how to proceed accordingly. The biological monitor or any other persons at the site will not pursue, capture, handle, or harass any mouse observed. The City will contract with the United States Department of Agriculture (USDA) Wildlife Services to provide predator control services. During construction, if the biological monitor or other personnel observe ravens, crows, or other predators, they will alert USDA staff to address predators appropnanrty: MM BI0-1.5: All personnel and any equipment will be required to stay within the designated work sites and access corridors and will not be allowed to enter adjacent salt marsh wetlands, drainages, or habitat of listed species. Pets will not be allowed in or near the work site during or after construction. Firearms will not be allowed in or near the work sites. No intentional killing or injury of wildlife will be permitted. The work sites will be maintained in a clean condition. All trash (e.g., food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) will be placed in closed containers and properly disposed of offsite on a daily basis. No fires will be permitted at any of the work sites. MM BI0-1.6: Prior to the start of construction, a Refugial Habitat Design Plan for the marsh restoration work at the southwestern portion of the site will be prepared by a qualified biologist for review and approval by the USFWS and CDFG. No construction associated with restoration and enhancement activities within this area will be allowed to begin until_ ~oval Timeframe and Responsibility for Implementation Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation January 20 ll Page4 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation from the USFWS and CDFG has been received. All design components incorporated into the final restoration plan will be considered in light of their benefits to the salt marsh ha!Vest mouse. All long-term habitat restoration and enhancement items will be designed and implemented so that these areas may be utilized by the salt marsh harvest mouse for nearly 100 years given current sea level rise predictions. The restored refugial habitat in the southwestern portion of the site will remain closed to public access in perpetuity. MM BI0-1.7: Appropriate erosion control materials such as straw rolls will be installed as needed during construction activities within the project area. During construction activities, exclusion fencing (silt type) will be placed on both sides of the access road , between the MROSD gate and the east end of the access road. All vehicle speeds on unpaved roads will be limited to 15 mph. MM BI0-1.8: Hazardous materials used during the work period (e.g., fuels, lubricants, solvents, etc.) will be controlled, cleaned up, and properly disposed of outside the tidal marsh areas. Refueling areas for any equipment will be located at upland sites outside of wetlands. MM BI0-1.9: After construction , a final clean-up will include removal of a ll refuse, materials, and facilities generated by the work. Vegetation wi ll not be removed or disturbed in the clean- up process . Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation I January 20 II PageS Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timefrnme and Impact Mitigation and Standard Measures Responsibility for Implementation MM BI0-1.10: If requested , before, during, or upon completion of construction, the City of East Palo Alto will allow access by USFWS and CDFG personnel to the work areas to inspect effects, if any, upon the activities on the salt marsh harvest mouse. MM BI0-1.11: Subsequent to construction, the City of East Palo Alto will submit a compliance report, prepared by the biological monitor, to the USFWS and CDFG within 60 days after completion of the work . This report will detail the dates the work occurred; information concerning the success of the actions in meeting the recommended avoidance and minimization measures; any effects on the salt marsh harvest mouse; documentation of the worker environmental awareness training; and any other pertinent information. MM BI0-1.12: The following describes various design measures that will further avoid impacts to salt marsh harvest mouse during project operation: • Interpretative signage will be placed along the length of the proposed shoreline trail to encourage awareness within the public of wetlands ecology, endangered species life histories, species/predator interactions, and how predation of sensitive species can be minimized. Additional signs will be placed at various points throughout the trail system to remind park users that pets arc not allowed, and to indicate that trespassing is not allowed within refugial habitat restoration area. Signage in picnic areas will be provided to Cooley Land ing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Oversight of Implementation January 201 I Page 6 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation indicate that feeding of wildlife is prohibited and why it is not allowed. Enforcement of the ban on dogs will be the responsibility of the City of East Palo Alto Police Department. • Educational materials and signage at the kayak/canoe launch will advise against recreational use of canoes and kayaks within or in the vicinity of the marshes of the Laumeister Tract due to danger of stranding during low tide conditions. • Trash cans, recycling containers, and the dumpster will be animal proof to reduce the amount of waste available to vermin and other predators. All loose trash (e.g., litter, food scraps, cans, bottles, containers, wrappers, cigarette butts, and other discarded items) will be properly disposed on a daily basis . • All new lighting poles, interpretative signs, information kiosks, and fencing will be designed and established so as to discourage perching or roosting activities of avian predators (e.g., spikes can be placed on light fixtures· and other possible perches). • Native shrubs will be planted along the shoreline below the pedestrian access trail to provide visual screening between wildlife and public trail users. TI1e shrubs will have growth characteristics that discourage perching or roosting of avian predators. Prior to implementing land scaping designs for this area, the proposed planting palette wiU be submitted for review and approval by the USFWS, CDFG, and predator control staff. • Use of the trail system will be limited to oedestrian and/or Cooley Landing Park Project Mitigation Monitoring & Reporting Prognsm Method of Compliance I Oversight of Implementation January 2011 Page? Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation bicycle usc only. Public users will be prohibited from using all terrain vehicles (A TVs) or other motorized equipment on the parkland trail system. Battery operated wheelchairs or other similar mechanisms associated with access for disabled individuals wilt be allowed. • Educational pamphlets, brochures, and other materials will be provided to park users to educate the public on minimization measures that can be undertaken to prevent feral and domestic pets and rodents from diminishing habitat quality within the project area. • The City will contract with USDA Wildlife Services to provide ongoing predator control services as needed, including trapping. Impact BI0-2: MM BI0-2.1: Construction work will be initiated on or after Prior to the start Project construction September 1 and completed on or before January 31 to avoid the of construction, if could result in short-nesting season of the California clapper rail. If work in this area construction is term significant is proposed after January 31 and prior to September 1, protocol initiated after impacts to federally breeding surveys for California clapper rail will be completed January 31 and and state listed prior to any ground disturbing activities to determine the extent prior to endangered California and location of nesting clapper rails . Results of protocol September 1, the clapper rail breeding surveys will be submitted to the USFWS and CDFG for project contractor individuals . a detennination of whether work proposed within 700 feet of a shall retain a clapper rail nest (or the activity center of vocalizing clapper qualified biologist rails) discovered during such surveys will be rescheduled to to complete the occur during the period from September 1 to January 31. necessary • In addition to the construction period above, the following surveys . specific construction work may also be completed June I through September I : All additional Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance A report prepared by a qualified biologist documenting the results to the survey shall be submitted to the City Planning Manager, CDFG, and USFWS prior to construction. All measures shall be printed on all construction Oversight of Implementation City Planning Manager CDFG USFWS January 2011 PageS Attachment 2 MJTIGA TION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation • Tree pruning and installation of temporary fencing measures shall be around trees to remain completed • Tree removal according to the • Removal of barbed wire fence, unused pedestrian bridge, specified utility poles, water tank construction • Removal of asphalt paving (16,000 sf) and gravel access timeframe by the road (6,000 sf) project • Temporary construction fencing at east end of existing proponents . parking lot • Stonnwater pollution prevention measures (s ilt fences, truck tire wash-offs, wattles, etc.) • Clearing and grubbing understory vegetation cast of parcel line (avoiding wetland, shoreline, and tidal marsh areas) • Rough grading of upland areas • No more than 4 trucks per day importing clean soil and rough grading to distribute soil and placing only on the eastern half of the peninsula, farthe st from the marsh area. • The following construction activities may only take place between September 1 and January 31 : • RemovaVrelocation of concrete debris in wetland area • Rip rap augmentation along shoreline • Disassembly of steel boat launch structure between jetties • Revegetation efforts near the wetland or tidal marsh areas • Import clean fill onto the site MM BI0-2.2: Implement MM BI0-1.5 through MM BIO-I .12 . The California clapper rail and salt marsh harvest mouse are Cooley Landing Park Project Mitigation Monitoring & Reportin g Program Method of Compliance documents, contracts, and project plans. Oversight of Implementation January 20 I I Page 9 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Time frame and Impact Mitigation and Standard Measures Responsibility for -Implementation found in similar locations in the vicinity of the project site and the measures necessary for species protection are similar for both . Thus, implementing Mitigation Measures BI0-1.5 through 1.12 relevant to the salt marsh harvest mouse would also mitigate impacts to the California clapper rail. Impact BI0-3.: MM BI0-3.1: Bank stabilization work along the shoreline will During all bank Project construction be subject to the following measures: stabilization work could result in • disturbance and removal of aquatic vegetation will be along shoreline by significant short-tenn avoided; project impacts to federally • limit the duration and extent of in-water work to the con tractors. and state listed minimum necessary to complete the work; threatened Central • implement best management practices and use of silt fence California coast or straw wattles to control sedimentation in runoff; and steelhead and green • complete in-water work only during low tides to minimize sturgeon. the number offish in the vicinity, and when steelhead are less likely to be in the project vicinity (from June 1 through November 30). MM BI0-3.2: Hazardous materials used during the construction period (e.g., fuels, lubricants, solvents, etc.) will be controlled, cleaned up, and properly disposed of outside the tidal marsh areas. Refueling areas for any equipment will be located at upland sites outside of wetlands. Impact BI0-4: The MM BI0-4.1: If possible, construction should be scheduled Prior to the start project would result in between October and December (inclusive) to avoid the raptor of construction significant impacts to nesting season. If this is not possible, pre-construction surveys the project nesting birds, if present for nesting raptors will be completed by a Qualified ornithologist proponents shall Cooley Landing Park Project Mitigation Monitoring & Reporting Progrc1m Method of Compliance The City Planning Manager and/or designated project representative will ensure that the contractors implement the bank stabilization measures. All measures shall be printed on all construction documents, contracts, and project plans. A report prepared by a qualified ornithologist documentin g the Oversight of Implementation City Planning Manager i City Planning Manager CDFG January 2011 Page 10 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation on-site prior to project to identify active raptor nests that may be disturbed during retain a qualified construction. project implementation. Between January and April (inclusive) ornithologist to pre-co nstruction surveys will be completed no more than t 4 days complete the prior to the initiation of construction activities or tree relocation required surveys. or removal. Between May and August (inclusive), pre- construction surveys will be completed no more than thirty (30) days prior to the initiati on of these activities. The surveying ornithologist will inspect all trees in and immediately adjacent to the construction area for raptor nests. If an active raptor nest is found in or close enough to the construction area to be disturbed by these activities, the ornithologist will, in consultation with CDFG, designate a construction-free buffer zone (typically 250 feet) around the nest. The ornithologist will submit a report to the City's Planning Manager indicating the results of the survey and any designated buffer zones to the satisfaction of the City prior to the issuance of any grading or building permit. The City will contract with the USDA Wildlife Services to address any nests found during construction in a manner they determine appropriate . CULTURAL RESOURCES Impact CUL-l: MM CUL-1.1: Should any archaeological or paleontological T o be Implementation of the indicators be exposed or discovered during either site preparation implemented if proposed project could or subsurface construction activities, all construction work any significant adversely impact within a 50-foot radius of the find will be halted, the City archaeological or buried cultural Planning Manager and City Engineer will be notified, and a paleonto logical resources. qualified archaeologist or paleontologist will be retained to resources arc examine the find and make recommendations. The City_()_f __ encountered. Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance results to the survey and any designated buffer zones shall be submitted to the City's Planning Manager prior to construction . All measures shall be printed on all construction documents, contracts, and project plans. If cultural resources are encountered a report will be submitted by qualified archaeologist/ Oversight of Implementation City Planning Manager C ity Engineer January 2011 Page I I Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation ' Menlo Park Community Development Director will also be Contractors shall notified. stop work, in the immediate area of MM CU~l.2:1fhuman remains are discovered, the San Mateo the find, and County Coroner will be notified. The Coroner will determine notify the City whether or not the remains are Native American. If the Coroner representative and determines that the remains are not subject to his authority, Coroner as he/s he will notify the Native American Heritage Commission, appropriate. who will attempt to identify descendants of the deceased . MM CU~l.3: If an archeologist or paleontologist determines that the fmd is not a significant resource, work will resume only after the submittal of a preliminruy report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of the deceased Native American and for reburial will follow the protocol set forth in the CEQA Guidelines Section I 5 126.4. If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the City Planning Manager for consideration and approval, in conformance with the protocol set forth in the CEQA Guidelines Section 15126.4. MM CU~ 1.4: A final report will be prepared when a find is determined to be a significant archaeological or paleontological site, and/or when Native American remains are found on the site. The final report will include background infonuation on the completed work, a description and list of identified resources, the disposition and curation of these resources, testing, other recovered information, and conc;lusions . - Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance paleontologist to the City Planning Manager and the City Engineer All measures shall be printed on all construction documents, contracts, and project plans. Oversight of Implementation I ! January 2011 Page 12 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframc and Impact Mitigation and Standard Measures Responsibility for Implementation HYDROLOGY AND WATER Q UALITY • Impact HYD-1: MM HYD-1.1: Prior to the commencement of any clearing, Prior lhe start of Implementation of the grading or importing soil, the project will comply with the State grading and proposed project could Water Resources Control Board's National Pollutant Discharge demolition by the result in significant Elimination System (NPDES) General Construction Activities project engineer water quality impacts Permit, to the satisfaction of the East Palo Alto Director of during construction. Public Works, as follows: • The City will develop, implement, and maintain a Storm Water Pollution Prevention Plan (SWPPP) to control the discharge of storm water pollutants including sediments associated with construction activities; and • The City will file a Notice of Intent (NO I) with the State Water Resources Control Board (SWRCB). MM HYD-1.2: The project will include Best Management Practices (BMPs) to control the discharge of storrnwater pollutants including sediments associated with construction activities. Prior to the issuance of a gmding permit by the City of East Palo Alto, the project may be required to submit an Erosion Control Plan to the C ity Project Engineer. The Erosion Control Plan will include applicable BMPs as specified in ABAG 's Manual of Standards Erosion & Sediment Control Measures for reducing impacts on the City of East Palo Alto's slorm drainage system from construction activities. MM HYD-1.3: The project wiH comply with the City of East Palo AJto's Grading Ordinance, including erosion and dust control measures during site preparation and with the City of Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance The City Engineer shall review and approve the finalized SWPPP. All measures shall be printed on all construction documents, contracts, and project plans . Oversight of Implementation City Planning Manager City Engineer i RWQCB January 20 II Page 13 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measures Responsibility for Implementation East Palo Alto's Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction. T he following specific BMPs will be implemented to prevent stormwater pollution and minimize potential sedimentation during construction: • Restrict grading to the dry season (April 15 through October 15) or meet City of East Palo Alto requirements for grading du ring the rainy season; • Utilize on-site sediment control BMPs to retain sediment on the project site; • Utilize stabilized construction entrances and/or wash racks; • Implement damp street sweeping; • Provide temporary cover o f disturbed s urfaces to help control erosion during construction; • Provide permanent cover to stabilize the disturbed surfaces after construction has been completed; • No equipment will be operated in tidal wate r areas of the s horelines on or adjacent to the site; • All in-water work will only be completed during low tide to minimize the number of fish in the vicinity; • No debris, soil, s ilt, sand, bark, slash, sawdust, cement, concrete, washings, petroleum products, or other organic or earthen material will be allowed to enter into or be placed where it may be washed by rainfall or runoff into aquatic or wetland habitat; • Standard erosion control and slope stabilization meas ures will be re quired for work c ompleted in any area w here erosion could lead to sedimentation of a water boAJ. £or Coo ley Lan ding Park Project Miti gation Monitoring & Rep ortin g Program Method of Compliance Oversight of Implementation January 101 I Page 14 Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timcframe and Impact Mitigation and Standard Measures Responsibility for Implementation example, silt-fencing will be installed just outside the limits of grading and construction in any areas where such activities will occur upslope from , and within 50 feet of, any wetland, aquatic, or marsh habitat This fencing will be inspected and maintained regularly throughout the duration of construction; • Machinery will be refueled at least 60 feet from any aquatic habitat, and a spill prevention and response plan will be developed and approved by the City of East Palo Alto. All workers will be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. • Soil stockpiling, equipment staging, construction access, and other intensive soil-disturbing activities will not occur immediately adjacent to any wetlands. The limits of the construction area will be clearly demarcated with Environmentally Sensitive Area fencing by a qualified biologist to avoid inadvertent disturbance outside the fence during construction activities . • Dust suppression (e.g., using watering trucks) wiU be implemented during all grading, construction, and soil stockpiling activities that have the potential to mobilize dust to keep dust from being transported to vegetated wetlands nearby. If soil stockpiles arc to remain on the site for long periods of time prior to the start of grading, they will be hydro-seeded so that vegetation will suppress dust and inhibit erosion. --- Cooley Landing Park Project Mitigation Monitoring & Reponing Progrnm Method of Compliance Oversight of Implementation I I January 2011 Page IS Attachment 2 MITIGATION MONITORING AND REPORTING PROGRAM COOLEY LANDING PARK PROJECT CITY OF EAST PALO ALTO Timeframe and Impact Mitigation and Standard Measure~ Responsibility for lml!_lementation LAND USE Impact LU-l: MMLUI.l: Prior to opening the Cooley Landing area to The project Implementation of the fishing and boating, project proponents shall obtain MROSD proponents shall fishing and boating designation of the area as a permitted fishing and boating area. obtain necessary provision of the project In the event that such designation is not obtained, facilities will designation for could result in a be designed to discourage such uses and signs prohibiting fishing fishing and conflict with MROSD and boating will be posted. boating from land use ordinances. MROSD SOURCE City of East Palo Alto, Cooley Landing Park Project Initial Study, December 20 I 0. Cooley Landing Park Project Mitigation Monitoring & Reporting Program Method of Compliance Approval from MROSD --- Oversight of Implementation MROSDand City Planning Manager - January 2011 Page 16 Attachment 2 Exhibit B Construction Area Attachment 2 ~JO ~·:k.....-.. ...... " 2 ) Phase Two: Bay Road Improvements Regrade and pave access road to easl end of parking lot Pava and expand parking lot -lmpro\/Qd mulli-use lrail alongside access road -Uiilities infrastructure to east end of parking lot (walcr. sewer, olcctrical) Security hghting to east end of parking lot Seconrt.\n, tJnl)."tvPd Tril t,;,lm;4d fwt111~.l,.-. ~fl P-~~ k1.1:n P.ivtlli Tmi~ lA;:>pcox 1<3 ·Tl~) _, f'~lf'nr.r.t»JPawr .. r.1.lUitnoM• •:J.rem.tl.• t 5 I Phase Five : Trails and Interpretive Areas Secondary unpa\/Qd trails Scabng areas Viewing and Interpretive areas (includ ing historical dredge exhibit) L 1 Phase One: Clean up, Trail Access , Permitting • Multi -use trail loop through site -Dcmohbon and site clean up for entire silo • Rough grading, import fill. fill in dredge pit lor entire site -Restore W'llland and tidal marsh -Reseed grasslands and meadow area for entire site Vlt. ... -nnn ·~lid lr.torprt•hvt: Alea___, r,~,ry PI.I Z.'i nnd-1 r --Bc..1t Hou::..: BtJiidlflg NeJ uo-V.stH r i?t'ltub.s """'"prc..:.c:.~ ~ Q..'\:hur: g Area E<uca, « ,::m.;. dtJ t:OCC T~.m,1f'O~d ctHd nz·-ittgl J.~., Ill!~ o.:: ("~ " f--· 11 4 ~tS:onc.» Dt~~ ln.crprcti.Jes ArrUJ and \Vir.CbuUf'l. ,. ·~· ...__ ~ .. .,~:.., rit ,., ~,......._._ (" •• ·-, PI; (.x.;J.t,ng Parl\•lll) ,., ....... .n.tw~:·.:a~~. f'U3aloT.::trn'lltfiil Er.:JJ:r.t~_., ,.............., [4W' ....-.• ,.,._ , .... u... 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Mc.~n ~A::n ~"· OJJ erlCflO---, @ Phase Three : Vehicle Access & B uilding Reuse -----' -Parking. dropoff, turnaround , overflow parking , bus wailing area -Extension of access road -Extension of ubtities mfrastructure (water. sewer. electrical) Buading rouse -lnlerprel!ve master plan and design -Indoor exhibits En try plaza Restroom and trash endosure 0 Phase Four: O utdoor Classroom & Picnic Area -Ouldoor dassroom area -Poa~ic area -Extension or pathways @ Phase Six: Viewing Piers and Additional Parking ___ __. -VteWing piers -Parking along south side or d~ff circle ~R"IaA ·~·set . . .... ·w~_,. ,, •• ,. · _ ~ ... :Jl:,~.&; ... ~ .. :-........ ,-,,..t'':-~ _.,.;.,·"'....:·....-<t . .,.-~·"".' ... ·•·-· .. ·~ •. •·'''--~ ~?.: .. _l' -~··~.-;··... ....... ~i-i~ ... /(,_,.-.·., ···t ..... .;_ .~ • _,..·.""- ~N .T.S Attachment 2 1 AMENDMENT THREE TO THE PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT This Amendment Three to the Partnership Agreement (“Amendment Three”) is entered into by and between the City of East Palo Alto, a municipal corporation (“City”), and the Midpeninsula Regional Open Space District, a public district under the laws of California (“District”), dated __________________ (“Effective Date”). WHEREAS, the City and District are parties to a Partnership Agreement between the City of East Palo Alto and the Midpeninsula Regional Open Space District for the Cooley Landing Project (“Project”) dated February 24, 2010 (“Agreement”), attached hereto as Exhibit A; and WHEREAS, in contemplation of the construction of Phase I of the Vision Plan, the City and the District entered into Amendment One to the Partnership Agreement, in which the District granted the City a permit to enter the Preserve (as defined in the Agreement) to construct Phase I of the Vision Plan, effective September 20, 2011, attached hereto as Exhibit B; and WHEREAS, in 2012, the City completed the construction of Phase I of the Vision Plan, as described in Amendment One, for which the City filed a Notice of Completion on November 28, 2012; and WHEREAS, following the construction of Phase I, the applicable regulatory agencies approved, and the City implemented, a post-closure maintenance plan, the “Revised Operations and Maintenance Plan,” dated July 13, 2012 (“O&M Plan”); and WHEREAS, in April 2012 the City was notified that it was awarded a grant of $5 million in California Proposition 84 funding for the purpose of completing construction of Phases II through IV of the Vision Plan (Phases II and III pertaining to access road improvements and an education center); and WHEREAS, the construction of Phases II and III of the Vision Plan, was described in Amendment Two, attached hereto as Exhibit C, and was partially completed by the City in September 2015; and WHEREAS, elements related to Phases II and III are yet to be completed (roadway lights of Phase II and standalone restroom of Phase III); however, construction of these elements is anticipated to be completed no later than June 2019; and WHEREAS, Section 4 of the Agreement provides that City and District shall meet and discuss in good faith all amendments that may be necessary to effectuate the completion of the project; and WHEREAS, the design process for Phases IV and V of the Project has begun and the construction is anticipated to be completed no later than June 2019 ; and WHEREAS, District and City desire to enter into this Amendment Three to facilitate Phases IV and V of the Project; and Attachment 3 2 WHEREAS, District has agreed to fund consultant costs to develop a business and operating plan for Cooley Landing Park; and WHEREAS, except where specifically stated, the terms and conditions set forth herein shall supplement those terms and conditions set forth in the Agreement and its previous amendments. NOW, THEREFORE, in consideration of the mutual promises, covenants and obligations contained herein, City and District agree to this Amendment Three as follows: 1. Recitals. The recitals above are incorporated by reference as though fully stated herein. 2. Grant of Permit to Enter; Conditions. District hereby grants City a permit to enter the Preserve in connection with the upcoming construction of Phases IV and V, consisting of the remaining site improvements depicted on the Phasing Plan for the Vision Plan (attached hereto as Exhibit D (“Phasing Plan”). The permit granted by District to City pursuant to this Amendment Three to the Agreement is only applicable to Phases IV and V as described in the Vision Plan. The parties further understand and acknowledge that City must receive a permit to enter from District prior to commencing any subsequent Project Construction Phase on the Preserve. Activities in connection with this permit to enter are subject to the following conditions, which City shall incorporate into its construction agreement(s) for Phases IV and V: a. City shall at all times comply with all applicable District regulations, and with all other applicable federal, state and local authorities, laws, ordinances and regulations. b. City shall limit the Construction activities on the Preserve to the areas generally described in its construction plans and specifications, and may not conduct activities on any District property outside of this area without prior written approval of the District. c. If fueling must occur on-site, City shall cause designated areas located away from drainages and a drip pan to catch spills to be used. City shall use its best efforts to ensure that vehicles do not block roadways unless the vehicle is attended and can be moved immediately. d. City shall cause all equipment and tools on the Preserve to be used with reasonable care and diligence, and take such precautions as are necessary to avoid damage to land, property, and people. District assumes no risk and shall have no responsibility for safeguarding Construction equipment, property, and personnel from injury, death, or damage as a result of the construction of the Project. e. All vehicles utilized for purposes of Project construction shall carry properly maintained ABC fire extinguishers while on the Preserve. f. City shall cause all concrete mixing to be done in secure containments. Concrete shall not be mixed within five feet of any waterway. Cleaning of Attachment 3 3 tools shall occur in secure containments; City shall prohibit tools from being cleaned in drainages or water bodies. All concrete waste shall be off-hauled; water is allowed to first evaporate in containments for ease of off-haul. g. City shall leave the Preserve in a condition equal to or better than the condition at commencement of Construction. h. City shall promptly notify the District upon completion of the Construction conducted hereunder. 3. Design and Construction. a. Design Development and Construction Plans and Specifications for Phases IV and V. District and City agree that the City will include the District as part of the project team during design development and construction and will also provide the District with plans for Phases IV and V for District review of planned work as it pertains to District property. City will provide District with a final bid package for the Construction upon completion and prior to public release. All improvements shall be installed in accordance with all such corresponding construction plans and specifications. b. Coordination. City recognizes that the District may concurrently continue to utilize the District portions of Area B (as defined in the Agreement), which may remain open to the public except when it is necessary to close or restrict the area for safety reasons as deemed necessary by City during the course of construction of Phases IV and V of the Project. District and City will meet and confer on a regular basis in order to coordinate all development and construction work. c. Construction Safeguards. City shall cause all reasonably necessary safeguards for the protection of workers and the public, as required by the conditions and the progress of Project work, to be erected and properly maintained at all times. Closure of Areas A and B (as defined in the Agreement) to the public will be coordinated with the District and communicated to the public prior to Construction. 4. Funding for Construction. District will contribute an amount not to exceed one million two hundred fifty thousand dollars ($1,250,000.00) in Measure AA funds toward the funding for construction of Phases IV and V and for the two remaining elements of Phases II and III of the Project. District will reimburse City upon receipt of proof of payment of costs and expenses for Project work. Elements of the Project that are eligible for this funding are as listed below: a. Motion-sensor street lighting along access road, drop-off circle, building, and entry plaza (Phase II) b. New freestanding restroom building (Phase III) c. Outdoor classroom area (Phase IV) d. Path around education center (Phase V) Attachment 3 4 e. Secondary unpaved trails (Phase V) f. New/relocated sign at entry 5. Funding for Business and Operating Plan. District will contribute an amount not to exceed two hundred thousand dollars ($200,000.00) in general funds toward the funding of consultant costs to develop a business and operating plan for Cooley Landing Park (including the Education Center) working jointly with the City. District will reimburse City upon receipt of proof of payment of costs and expenses for Project work. 6. Maintenance and Management of Project and Related Infrastructure. City shall retain responsibility for the patrol, operation, maintenance and management of the Project Site as described in the Agreement and previous amendments. City further agrees and covenants that it will continue to observe and implement the requirements of the O&M Plan and ensure that Construction documents and activities incorporate all applicable requirements of the O&M Plan as it may be amended from time to time. 7. Partnership Agreement Remains in Effect. The Agreement, except as amended from time to time, shall continue in full force and effect with all other terms and conditions unchanged. If a conflict arises between terms in the Agreement or its previous amendments and those in this Amendment Three, the provisions of this Amendment Three shall control the construction and interpretation thereof. 8. Counterparts. This Amendment Three may be executed in duplicate counterparts, each of which will be deemed an original. 9. Authority. Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. Attachment 3 5 IN WITNESS WHEREOF, the parties have executed this Amendment Three on the day and year shown below the name of each of the parties. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: By:_____________________________ Larry Hassett President, Board of Directors DATE: __________________________ ATTEST: By:_____________________________ Jennifer Woodworth District Clerk Date: ___________________________ APPROVED AS TO FORM: By:_____________________________ Sheryl Schaffner General Counsel Date: ___________________________ CITY OF EAST PALO ALTO, a municipal corporation: By:_____________________________ Carlos Martínez City Manager DATE: __________________________ ATTEST: By:_____________________________ Terrie Gillen Deputy City Clerk APPROVED AS TO CONTENT: By:_____________________________ Kamal Fallaha Public Works Director APPROVED AS TO FORM: By:_____________________________ Rafael E. Alvarado Jr. City Attorney Attachment 3 Exhibit A Partnership Agreement Attachment 3 Exhibit B Amendment One to Partnership Agreement Attachment 3 Exhibit C Amendment Two to Partnership Agreement Attachment 3 Exhibit D Phasing Plan of the 2010 Cooley Landing Vision Plan Attachment 3 R-17-99 Meeting 17-18 August 9, 2017 AGENDA ITEM 10 AGENDA ITEM Award of Contract with MIG, Inc., to provide professional consultant services for a District-wide Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update GENERAL MANAGER’S RECOMMENDATIONS 1.Authorize the General Manager to enter into a multi-year contract with MIG, Inc., to provide professional services for the District-wide ADA Self-Evaluation and Transition Plan Update for a base contract amount of $179,333. 2. Authorize a 15% contingency of $25,667, to be expended only if necessary to cover unforeseen conditions, for a total not-to-exceed contract amount of $205,000. SUMMARY The District is currently updating its 1993 Accessibility Plan with a District-wide ADA Self- Evaluation and Transition Plan, which requires the services of a qualified consultant. Updating the District’s Accessibility Plan is a high priority action item in the Fiscal Year (FY) 2017-18 Budget and Action Plan. The project will evaluate policies, programs, facilities and physical barriers to accessibility at the District, and will identify barrier removal solutions that will facilitate the opportunity of access to all individuals. Based on the results of the Request for Qualifications and Proposals (RFQP) issued for the project, the General Manager recommends awarding a contract to MIG, Inc. for a total amount not-to-exceed $205,000 covering two fiscal years. The Planning Department’s FY2017-18 budget includes funds sufficient to cover the project’s anticipated FY2017-18 expenditures of $182,000. Any contract amount remaining at the end of FY2017-18 will be proposed in the Budget for FY2018-19. DISCUSSION The District is committed to meeting its legal ADA mandates and to ensuring access to open space, recreation facilities, and programs by people with disabilities. The ADA, enacted in 1990, is a civil rights law that prohibits discrimination of people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA states that: “No qualified individual with a disability shall, by reason of that disability, be excluded from participation in or denied the benefits of services, programs, or activities of a public entity or subject to discrimination by such entity.” R-17-99 Page 2 The District is subject to the provisions of Title II of the ADA, which prohibits discrimination in the provision of programs, activities and services offered to the public by a state or local government. Title II requires that public agencies prepare a self-evaluation of compliance, develop a grievance procedure, designate an individual to oversee compliance, and develop a transition plan if structural changes are necessary for achieving program accessibility. The Board adopted the Access Plan for Persons with Disabilities (“1993 Accessibility Plan”) (Attachment 1) on January 13, 1993 (R-93-08, Attachment 2). The 1993 Accessibility Plan included an assessment of the District’s developed Preserve features and programs, a prioritized list for implementing access improvements, and the designation of the Planning Manager as the ADA Coordinator. The District completed the access improvements and fulfilled the public communication measures to the volunteer and docent programs by the January 26, 1995 deadline. Since the adoption of the 1993 Accessibility Plan, ADA regulations and accessibility guidelines have changed and the District has expanded many of its facilities, programs, activities and services. First, amendments to the ADA broaden its applicability and expand accessibility requirements to recreational facilities. Second, newly adopted state and federal guidelines further define and clarify compliance requirements for agencies that provide outdoor recreation opportunities. These changes necessitate a timely review and update of the 1993 Accessibility Plan with a District-wide ADA Self-Evaluation and Transition Plan. The District has expanded the preserve system significantly over the last 24 years, since the Board adopted the 1993 Accessibility Plan. The agency’s facilities, operations and programs have grown from 35,000 acres, as the District has added over 25,000 acres to the regional greenbelt. The number of employees at the District has also increased, more than doubling in size to its present 140 employees. The volunteer and docent programs have also expanded and accommodate a growing number of people and activities each year. As discussed above, the District needs to conduct a self-evaluation and develop a transition plan as part of this update process. The resulting ADA Self-Evaluation and Transition Plan (Plan) will guide, prioritize and monitor implementation of barrier removal throughout District lands. The consultant scope of work includes: • Evaluating District preserves and facilities according to current federal and state standards for accessibility; • Evaluating District programs and policies to identify barriers to services, programs and activities provided by the District; • Preparing a barrier analysis tool and project database that integrates with the District’s Enterprise GIS; • Assisting with the development of a public information portal on the District website; • Developing the District’s Self-Evaluation and Transition Plan; • Presenting draft ADA Self-Evaluation and Transition Plan to the Board and other groups; and • Conducting trainings for District staff to assist with implementation of the ADA Self- Evaluation and Transition Plan. Public outreach for this project includes presentations, trainings, and the development of a public information portal. MIG will present the draft ADA Self-Evaluation and Transition Plan and solicit comments from the Board, the San Mateo County Commission on Disabilities, and the R-17-99 Page 3 Santa Clara County Commission for Persons with Disabilities. Trainings about accessible facilities and customer service will be provided by MIG for District staff, docents and volunteers. MIG will support the development of a webpage dedicated to the ADA Self-Evaluation and Transition Plan Update. The webpage will serve as a public portal with information about the update process, meeting summaries, project schedule, and opportunities for public comment on the draft ADA Self-Evaluation and Transition Plan. Consultant Selection A Request for Qualifications and Proposals (RFQP) was released on May 22, 2017 via direct e- mail and posting on the District website to solicit interest from qualified professionals to help develop the ADA Self-Evaluation and Transition Plan. Five firms attended a mandatory pre- proposal meeting held on May 30, 2017. Two firms submitted proposals, and the proposal amounts were comparable. Staff evaluated the proposals to assess the qualifications of each proposer, the quality of the proposal, the implementation approach, and the overall team expertise. Staff interviewed both consultant teams during the week of June 19, 2017. The two firms interviewed are listed below: Firm Location Proposal Amount MIG, Inc Berkeley, CA $174,373 DAC Oroville, CA $143,570 MIG, Inc. was deemed most qualified and best suited for the project based on their response to the RFQP, proposed project approach, and responses during the interview. A key reason for the selection of MIG, Inc. was their team’s extensive experience assisting parks and open space agencies with self-evaluations, transition plans, and accessibility. They provided a unique strategic approach and understanding to the development of an ADA Self-Evaluation and Transition Plan that balances the District’s mission to provide passive recreation in natural environments with sensitive resources. The MIG team is led by landscape architects and Certified Access Specialists (CASp), and includes an ecologist. In addition, MIG offers substantial experience in GIS and database development that complements the District’s data infrastructure and will support effective, long-term implementation of the updated Accessibility Plan. The subject contract with MIG reflects an updated proposal amount that includes additional scope items. FISCAL IMPACT The Planning Department’s FY2017-18 budget includes funds sufficient to cover the project’s anticipated FY2017-18 expenditures of $182,000. The ADA project budget includes $60,000 and will be adjusted administratively by $122,000 to cover additional unanticipated scope elements via projected cost savings from existing projects as the fiscal year progresses. MIG Contract FY 2018 FY 2019 Total Planning Budget $60,000 $23,000 Spent-to-Date (as of 07/11/17) $0 Encumbrances $0 Project Budget Adjustment $122,000 Award of Proposed Contract $182,000 $23,000 $205,000 Budget Remaining (Proposed): $0 $0 R-17-99 Page 4 Any contract amount remaining will be included when the project budget for next fiscal year (FY2018-19) is developed during the next Budget and Action Plan cycle. The recommended action is not funded by Measure AA. BOARD COMMITTEE REVIEW Board Committee review is not required at this time. The full Board received an informational report about the Accessibility Plan Update from staff on March 11, 2015 (Attachment 3). Following Board approval and execution of contract, an overview of ADA and the self- evaluation process will be presented to the full Board. 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 Following Board approval, the General Manager will direct staff to enter into a contract with MIG, Inc., to provide professional consultant services for the District-wide ADA Self-Evaluation and Transition Plan and commence work on the project. Additional funds will be proposed in the Three-Year Capital Improvement Program for FY2019-FY2021 to implement the recommended barrier removals over time. Attachments: 1. District 1993 Accessibility Plan 2. Board Report R-93-08 regarding Plan for Compliance with the 1990 Americans with Disabilities Act 3. Board Informational Report on the Accessibility Plan Update, March 11, 2015 Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Whitney Berry, Planner II Contact person: Whitney Berry, Planner II Gretchen Lausten, Planner III Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 Attachment 1 R-93-08 Meeting 93-2 January 13, 1993 AGENDA ITEM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Plan for Compliance with the 1990 Americans with Disabilities Act GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached ADA plan as District policy. 2. Amend the existing Site Emphasis Policy, Addendum number 1, Section,E, Accessibility to the Public, to add the criterion: "Does the .site offer opportunities to provide access for persons with disabilities?" / The ADA Plan is available to the public on request from the Planning Manager. Discussion: Over the past six months planning and public outreach h~s taken place to formulate and review a plan for compliance with the new federal· law, the 1990 Americans with Disabilities Act (ADA). The law is intended to protect the rights of people with disabilities for access to public facilities. The law requires the District to have completed a self evaluation of the accessibility of its facilities and programs by January 26, 1993. The plan is to include measures for correcting any identified barriers or deficiencies, if physically and financially feasible, by January 26, 1995. · The Planning Process An informational report was made to the Board !it your regular meeting of July 22, 1992 including presentation of a Transition Plan outlining the requirements, objectives and process for the ADA plan. · On September 15 a public workshop on access needs for persons with disabilities was held at District offices. A Steering Committee was formed to guide the planning process. A mailing list of approximately 70 organizations serving people with disabilities in Santa Clara and San Mateo counties was assembled to provide notification of the meeting, and a number of known interested parties were personally contacted. Open Space ... for room to breathe 20th Anniversary • 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 @ General Manager: Herbert Grench Board of Directors: Katherine Duffy, Robert McKibbin, Teena Henshaw, Ginny Babbitt, Nanette Hanko, Betsy Crowder, Richard Bishop Attahemnt 2 R-93-08 Page 2 The Steering Committee held its first meeting on September 30 to focus on specific issues. On October 20 a combined public workshop and Steering Committee meeting was held to review the initial draft plan. The plan was then circulated for staff comments and revised to its current form. Members of the Steering Committee and other persons who commented on the plan have been sent copies of the draft, and notice of this hearing has been sent to the ADA mailing list. Highlights of the Plan The Trail Classifications, beginning on page 9, provide a system that is intended to provide information to help people decide for themselves which trails are accessible. It will also help the District to inventory the accessibility of its trails, and helps to clarify trail construction standards. The inventory of trails for accessibility must be coordinated with the inventory for application of the new Trail Use Guidelines. The Access Objectives and Policies, starting on page 14, are the heart of the Plan. The primary focus of the plan is on information and coordination. Only item 5 involves an amendment of existing District policy, by adding a criterion to the adopted Site Emphasis Policy. The charts starting on page 19 illustrate the scheduled and budget projects that would include special access provisions; however, this does not reflect the impact of the pending budget cuts, which are now being analyzed and are likely to significantly extend the schedule. The existing barriers to be corrected are listed starting on page 26. These are generally in-house projects which are not expected to have a significant budget impact. Current Access Measures As an implementation measure for the plan, a pamphlet describing the condition and features of the District's existing accessible trails and sites, entitled "Access Opportunities" has been prepared and publicized. Also, copies of the "Hikes and Walks" and "Volunteer Voice" newsletters have been mailed to the ADA contact list to encourage their participation. Prepared by: Randy Anderson, Planning Manager Contact person: Same as above Attahemnt 2 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRIG January 4, 1993 DRAFT ACCESS PLAN FOR-PERSONS WITH DISABILITIES. lVIIDPENINSULA REGIONAL OPEN SPACE DISTRICT Open Space ... for room to breathe • · 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 @ General Manager: Herbert Grench Board of Directors: Katherine Duffy, Robert McKibbin, Teena Henshaw, Ginny Babbitt, Nonette Hanko, Betsy Crowder, Richard Bishop Attahemnt 2 I. II. III. IV. v. VI. VII. VIII. IX. ACCESS PLAN FOR PERSONS WITH DISABILITIES MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TABLE OF CONTENTS SECTION Introduction Description of the District's Basic Program Existing Access Improvements Trail Access Classifications Access Objective and Policies Planning and Prioritizing Access Improvements Volunteer and Docent Programs Physical Barriers to be Corrected Implementation of the Access Plan Under Separate Cover: Appendix A ADA Assessment Notes -Skyline Area Preserves Appendix B ADA Assessment Notes -Foothills Area Preserves LIST OF FIGURES FIGURE Figure 1, District Preserves Map Figure 2, Welcome to Open Space Map Table 1, Existing Access Improvements Figure 3, Trail Classification Criteria Chart A, Capital Improvements Plan, Trail Projects Chart B, Use and Management Plan Review Schedule PAGE 1 2 3 9 14 16 23 26 28 PAGE 4 5 6 13 19 22 Attahemnt 2 DRAFT ACCESS PLAN FOR PERSONS WITH DISABILITIES MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I. Introduction The Americans with Disabilities Act of 1990 (ADA or "The Act") established that: No qualified individual with a disability shall, by reason of that disability, be excluded from participation in or denied the benefits of services, programs, or activities of a public entity or subject to discrimination by such entity. The Act became effective January 26, 1992 for park and recreation agencies. The lmv require~ each agency to prepare a self-evaluation, to be completed by January 26, 1993. The self- evaluation is to cover all aspects of the District's facilities, programs and services, and identifies corrective measures where necessary. The self-evaluation must: Include evaluation of services, policies and practices (i.e. employment, programs, communications) . Provide opportunity for public comment Be maintained and available to the public for 3 years Include a list of persons consulted, issues and problems examined/identified, and description of modifications made. This Access Plan records the results of the District's self-evaluation for compliance with ADA, and presents the policies, process, and schedule whereby identified access improvement measures are to be implemented. 1 Attahemnt 2 IT. Description of the District's Basic Program The District's basic policies and objectives focus on acquiring and preserving open space in its natural state. Provision of facilities is a secondary objective, and is by policy to be at a minimum level to support public access and use. Alteration of the natural landscape is to be minimized; The District owns and manages 23 preserves totaling 35,000 acres in the Santa Cruz Mountain Range and on the San Francisco bayfront. The District's lands, facilities, and programs are described in more detail in the Visitor's Guide. The District provides facilities that support the following public programs and activities: Trail use for general exercise, nature appreciation and relaxation. This includes walking, hiking, running, bicycling, and horseback ridingo Picnicking (limited formal facilities) Camping (pack-in camp only) Historic buildings and sites to visit, and related activities Specific nature study and interpretation through docent-led walks and presentations Volunteer participation in improvement and maintenance projects Academic and scientific research Special uses including hang gliding, special events and workshops The District also operates Docent and Volunteer programs to facilitate public use and enjoyment of the open space, as detailed in Section VI of this document. 2 Attahemnt 2 ill. Existin~ Access Improvements In addition to its administrative offices, facilities developed and maintained by the Midpeninsula Regional Open Space District to support public access are· summarized on the District maps and table of the preserves shown in Figures 1 and 2. The Midpeninsula Regional Open Space District has actively pursued the provision of access to facilities for persons with physical limitations. The District has completed a number of trail and site improvement projects specifically intended to provide such access, and ensures that any new buildings or facilities meet access standards. The District has implemented, or is implementing, the projects listed in Table 1 to provide or improve access to its facilities and programs. 3 Attahemnt 2 '·: ·: ,t::.. loij ~· c:: @ ,__.. tl ....... !:1> s. (') ..... ~ Dl ~ (ll ~ .§ To San f-rancisco Santa Cruz Mountains • N 3 District llounclary ·1 . 0 ·1 2 3 4 '-Scale in Miles .) ©1-1990MROSD Reprinted G-1991 San Francisco B.1y Cupertino 4 To San Jose 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRia Group A Preserves Fully Developed Sites ·1. Fremonl Older Open Sp<1cc l>rescrve 2. Los Trancos Open Space Preserve 3. Monte Bello Open Sp<1ce [>reserve (PZige Mill RoJd Area) 4. Monte Bello Open Sp<1ce Preserve (Picchetti Ranch Area) 5. Purisima Creek Open Sp<1ce Preserve G. R<1ncho San Antonio Open Space Preserve 7. Rancho San Antonio Open Space Preserve (Duveneck Windmill Pasture Area) B. Saratoga Gap Open Space Preserve 9. Windy Hill Open Sp::1ce Preserve Group B Preserves Partially Developed Sites ·1 0. Coal Creek Open Space Preserve ·1-1. El Corte De Madera Open Space Preserve '12. El Sereno Open Space Preserve '13. Foothills Open Space Preserve '14. La Honda Creek Open Space Preserve ·15_ Long Ridge Open Sptice Preserve ·1 C>. J>ulgas Ridge Open Space Preserve '17. Ri:lvenswood Open Space Preserve 'Ill. Russian Ridge Open Space Preserve '19. Sierra Azul Open Space Preserve (Kennedy-Limekiln Area) 20. Sierril Azul Open Space Preserve (Mt. Umunhum Area) 2·1. Skyline Ridge Open Space Preserve 22. Stevens Creek Shoreline NZiture Study Areil 23. St. Joseph's Hill Open Space !>reserve 24. Teague Hill Open Space Preserve 25. Thornewood Open Space Preserve _... f'lmse use key iibove to locilte preserves on map at/eft. Attahemnt 2 We;~ume to Open ~\:r 1ce I ·~ 0 2 3 Scale in Miles 4 5 Palo Alto Mountain View ~~~~~~ Midpeninsula Regional Open Space District J £~{\t\~;~~t~~;~J Federal, State, County and City Parklands Open Space Preserves You May Wish To Visit. Trails ,o~' fl FJ ~ m ~ rJ .. ~ .. ;/~«-"'~0 Special Features Preserves Acres 1. Fremont Older 739 ~ Q) 0 * Historic Home 2. Los Trancos 274 $ Earthquake Trail 3. Monte Bello 2634 $ G * Backpack Camp 4. Picchetti Ranch Area 308 Historic Winery 5. Purisima Creek Redwoods 2596 6. Rancho San Antonio 972 Deer Hollow Farm 7. Ravenswood 471 e e eo Bay Trail 8. Russian Ridge 1547 • • • • 0 9. Saratoga Gap 614 •••• 1 0. Sky I ine Ridge 1258 ••• 0 0 • e Alpine Pond 11. Windy Hill 1132 ••••••• * Model Soaring * Permits Required San jose To obtain a Visitor's Guide for information on all preserves call the District office (415) 949-5500. Attahemnt 2 Preserve {Area) 1. SKYLINE· RIDGE Alpine Pond (~. Table 1. Existing Access Improvements Ol c :Q .... ro 0... Ql :e Ill Ill Ql Ill l) Ql l) l) <( ~ %(f) Ill E 0 0 .... .... Ill Ql: ccj Ql .0 "iii Ill Ql l) l) <( % Trailside Amenities Special Features Comments 0 0 0 0 1.0 Benches @ Nature Accessible mi. Alpine Pond Center from Russian Ridge ~------------1 .... I :~~-, .~".:~: ........ _______ -·-··---··········· J.fl:.f.t;:".:.. .:~:~~_:_.::.· ___ _ Horseshoe Lake Area : : 671:.· 12 2 !:.: 2 ~;25 ~:;:::~0~ ~=,:~:~;, equestrian 1-----------1·· .. ····· .. ~ ................................ i ....................................................................................................... ~.~~~~~-~ ................ . 2. MONTE BELLO 45 ~ 0 2 ~ Bench @ Interpretive 1 restroom @ I I vista point ~~~~hp~~ek ~~:~~~~n. camp (not 1------------J ........... l ................................ ! ..................................................................... :?..~.~ ...................... ~.?.C:.~~~~~-~-~.l .......... . 3. RANCHO SAN 10 ~ 0 ~ 0.5 Deer restroom@ ANTONIO I I mi. ~l;1 0 ~f:~~~~· 4. PURISIMA CREEK REDWOODS Whittemore Gulch Trailhead Redwood Trailhead Higgins-Purisima Trailhead 20 1 0 Part of Ridge Trail 8 · 3 1 0.25 Bench {1), i . i mi. ~~~~cs {2) ···~·; ... r ........ ~ ............. ; .... r .. ; .. ·· ............................................................................................ ~::~~=~-~-;~· .. .. . , accessible L------------' .................................................................................................................................................................................. . 6 Attahemnt 2 (!) (!) .0 U) .0 U) E ·c;; U) U) Ol (!) U) 0 (!) c (_) (!) 0 (_) ~ (_) (_) 1... (_) Preserve (Area) +-' 1... <t: co U) <t: co 0. (!) 0.. ~en 0::: ~ 5. WINDY HILL 10 0 0 0 .!!2~ ·ro o ~ ~ I- -(/J 0, (/) ll.. Q) Cl) ID > 0 Q) Q) 0 U) _,<(_ Trailside Amenities Benches Special Features Accessible picnic table 2 regular tables Part of. Ridge Trail Comments 6. ST. JOSEPH'S 0 1 ........ ~ ............. ~ .... r .. ~ ................................................................................................ ~~ .. ~~~·~·;:~:~ .... .. HILL . .. . parking 1------------I••••••••••• .. Oooouoooouooooooooo oo4ooooooo .loooouooooo oooooooooooooooooooo• oooooooooouoo•••ooooooooooooooooo ooooooooooooounooooooo~oouo .. co ''"'''"''""''"'"~uooouoooooon 7. RAVENSWOOD 12 0 0 1.5 mi. 2 Accessible observation decks w/ . benches ............................... :·····-····· ........................................................................................................................... . 8. EL CORTE DE 0 !, 0 0 l, 0 No developed MADERA CREEK parking 1-----------1···--······.i ....................................................................................................................................................................... . 9. PICCHETTI 35 ~ 0 2 ~ 2 Winetasting RANCH AREA ~ ~ w/ picnic 1-1-0_._S_A_R_A_T_O_G_A---1·····~--1······-~··-··· ··-~···~····~··-·-·····--·· ....................... ·-···· ··-~t:~'.'-·-· -~;~;~:;;;;~· .. GAP ; ; parking l----------1••ooooooooo:oouoooooouooooooooo ""'"''"!HO•ooooooo ooooooooooooooooooooo ooooooooooouooooooooooooooooooooo ''''""''"'' .. """'""'""'' ooooooooo~oooooooooo.,ooo.,ooooooo 11. LOS TRANCOS 25 =,_1 0 0 ~:. 0 Interpretive Brochure 1------------l•••oooooooo~ooooooooooooooooooooo ''"'''""'!'""'"'"" o•ooooooooooooooooo•o ''"'""''''''"'""'''"""'"' '"'""'""'"''""'""''''"'' '"'''''''''""'''''"""""''' 12. LONG RIDGE 0 ~ 0 0 ~ 0 Part of No developed ; ; Ridge Trail parking l----------1•••oooooooo~ooooooooooooooooooooo ooooooooooo;ooooooooooo ""''""'""'''"" oooooooouoooooooooooooooooooooooo ooooooOoo .. Oooooooooo .. ooooooooooo oooooooooooooooooooooooooooooooooo 13. PULGAS RIDGE. 0 1 0 0 1 0 0.4 . No developed ; ; mi. parking 1------------J ................................................................................................................................................................................. .. 1-:-:-:-~-:-~-:-IA-N-:-:-I D-G-E---l···;:.! ....... : ......... ; .. -!---; .... ··----······-···--·······-···---·~:~~~~~!~~-.:;~t~~~~;;·· CREEK l,, l,, for 10 vehicles, no ; ; designated HC l l space '----------.....J ........... ~ ........................................................... u ......................................................................................................... .. 7 Attahemnt 2 Preserve (Area) 16. TEAGUE HILL OJ! c: :.;;::! ,_ : ro: o_l 0 <!) .0 IJl IJl <!) IJl (.) <!) (.) (.) <( ~ ~(f) 0 IJ)! E! o! o: ,_ ' ..... : IJli <!): a::: 0 0 Trailside Amenities Special Features Comments Undeveloped 1------------l•••••ouooo~ooooooooooooooooooooo uooooooooo~ooooooouoo oouoooouooouoooooo oooooooooo•••••••uuooooooooooooo ooouoooouooouuoooooouoooooooo ooooouououooooooooooooooooooooo 17. FREMONT 10 ~,:. 0 1 i:. 0 Annual OLDER house tour 1-~-~--~-~-E--N-~-I ~-~-~-A_R_O_A_D--I::::~::::r::::::~:::::: ::::~::::r::~-.:: ::::~:::::::::: :::::::::::::~::::::::~~: :::::::::~:::::::::::::::::: :::~:':~~:~~~~~-­ r-:-:-S-:-~-~:-~-:-:-1:-~-A----l····~-·l--··:····-···~···l····:···· --~·:;~-.. ·---···················· ·--··············-··········· . ::~:;;;:;:. CREEK SHORELINE l ! mi. NATURE STUDY l j uneven surface AREA 1 ~ 1-----------J•••••••••oo~oooooooooooooooouooo •••••••••••;•ouooooooo ouo•u•noouoooooooo ooooooooooooouooo .. ooooooooonooo •••uouoouoooouoo .. uooooouooo oooo .. oooooooououooooooooooooooo 21 . COAL CREEK 0 i 0 0 i 0 No developed 1----------J···········~····················· ........... ! ................................ ·································· ..................................... P..~.~~!!:'.~ ................ . 22. EL SERENO 0 l 0 0 l 0 No developed 1------------1···········~····················· ........... j ........... ····················· .................................. ·································· ... P..~.~~!~.~ ................ . 23. FOOTHILLS 0 ~ 0 0 ~ 0 Undeveloped 24. THORNEWOOD ···~·;··r··················· ·····~····r···~···· ····················· ·································· ·--~~-~-~-~;··············· ·································· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . house tours, permit picnic area ~~·~~\Y~~~H UM ···~··l·--~······ ··~·l-~-· ·····-··········· ··············-·········--· ·············-····· ... -~::~~~;~;;~·· r-2-6-. _C_A_T_H_E_D_R_A_L_--l·· .. -~ .... 1 .......... ~ .............. ~ .... !" ... ~ ........................................ : .................................................... ···~~~~~~;·~-~~~ ...... . ·: : OAKS-SIERRA i 1 AZUL l l 8 Attahemnt 2 IV. Trail Access Classifications Trails are improvements that are most directly related to accessibility of the open space lands. These trail classes are intended to guide the District's evaluation of its existing trails, provide planning and construction information for new and improved trails, and provide information for potential trail users. These classifications and criteria are preliminary and may be subject to amendment as the District gains experience in their use and additional public input. The criteria presented in this section are the minimum requirements for trails to be classified according to these levels. Only Level 1 trails are intended to meet whole access standards. Level 2 and 3 trails have a steeper grade, a rougher surface and fewer benches, pullouts, etc. than Levell, but may still be accessible for persons with physical limitations, depending on their abilities and inclinations. Level 3 trails, with a 10% maximum grade, are the steepest trails that the District will construct based on its current overall trail construction standards. However, based on past construction practices and roads and trails inherited through land purchase, many existing trails do not meet this standard. Visitors who are in doubt about what level of trail they want to attempt, or need help in interpreting these classifications, are encouraged to start with the levell trails, and/or to contact District staff for more information and clarification. Level 1 Trails General · description: User Guidelines: Minimum width: Maximum grade: Maximum cross-slope: Surface: These trails are intended to be relatively smooth, gently sloped, generously wide, with a firm surface for traction and low rolling resistance. Pullouts, rest areas and edge treatments are intended to make the trails as safe and comfortable to use as possible in a natural open space setting. , Level 1 trails are intended to accommodate the greatest variety of physical abilities, including wheelchairs. Levell trails will not be open to use by horses or bicycles, due to impact on the trail surface and possible conflict with other users. 4 feet 5% 2% Smooth, stable, all-weather material, texture indicating the edge of the 9 Attahemnt 2 . Rest areas: Edge treatment: Level 2 Trails General description: User Guidelines: Minimum width: Maximum grade: Maximum cross-slope: Surface: Rest areas: Edge treatment: path. Typical surface of compacted decomposed granite fines. Some trail surface materials may incorporate a cement mixture for improved stability. Minimum 4' by 6', outside of the pathway, provided at intervals of 200 to 300 feet, some of which shall include benches. Railings will be provided across bridges, around decks, floating platforms and other structures and at potentially hazardous natural drop-offs. Otherwise, curbs or railings will not typically be provided, in keeping with the District's objective of maintaining the site in as natural condition as possible. Curbs or borders will be provided at the edge of the trail where topography or vegetation does not indicate the edge. Level 2 trails vary from Level 1 trails in two significant ways. The maximum grade, may be slightly steeper; and the surface is typically be composed of native soil, which tends to be rougher and less even. Level 2 trail users may be persons who seek, or are willing to accept, more exertion and interaction with the terrain as part of their trail experience. Bicycles and horses may be allowed on trails designated as Level 2 access. Level 2 trails may include fire and maintenance access roads that the District has inherited with the purchase of property. 4 feet 8% 2% Compacted base rock, granite fines or earth. The trail surface may include irregularities that offer a bumpy ride for wheeled conveyances, but no obstacles. Rest stops or pullouts will be provided at irregular intervals, and benches may or may not be provided. Informal resting and sitting spots are often afforded by banks, rocks, and logs, and turnout space is afforded at switchbacks and clearings. Curbs or borders will not typically be provided at the trail edge. Railings will be provided at potentially hazardous locations. 10 Attahemnt 2 Level 3 Trails General description: User guidelines: Minimum width: Maximum grade: Maximum cross-slope: Surface: Rest areas: Edge treatment: These trails may be steeper and narrower than Level2 trails, in response to the constraints of rough terrain. (Any new trails constructed by the District are at least 4 feet wide and no more than 10% grade, however encroaching bank slough-off and vegetation may reduce the available width to 3 feet). These trails are more challenging than Level 2 appropriate for persons who seek or are willing to accept some strenuous physical activity. Like Level 2, they may be open to multiple use, based on a case by case determination. 3 feet 10% 2% The trail surface is typically compacted earth, which may be uneven due to roots, rocks and trail use. Formal rest stops or pull-outs with benches are not typically provided, although informal resting and sitting spots are often afforded by banks, rocks, and logs, and turnout space is afforded at switchbacks and clearings. Edges are not formally marked or bordered. Non-Classified Trails General description: Initially, all trails that have not been inventoried and classified according to these standards will be identified non-classified. As the inventory is completed, trails that will remain non-classified will typically be fire protection and access roads and trails the District has inherited through land purchase. They may not meet the minimum access standards due to steep grades, cross-slope, width or exposure to hazards. 11 Attahemnt 2 User guidelines: Trail Inventory May be open to multiple use, or may be limited to certain uses on a case by case basis. Users must judge for themselves whether to use these trails based on their own research, interests and abilities. In order to classify trails and provide information for potential trail users on the conditions they will encounter when attempting specific trails, the District will inventory and record data regarding its existing trails. This information will be published in a form that is easily interpreted by the public. The data will be collected by taking measurements at regular intervals along the trails, while continually observing and noting any significant changes in condition. The classification information to be collected is illustrated in Figure 2. The following trail conditions will be inventoried: Grade: Width: Cross-slope: Side Slope: Line of Sight: Surface: Rest Areas: Multiple use: Special Interest: 0-5%, 5%-8%, 8%-10%, 10%-15%, 15%+ < 4', 4' -6', 6' + (usually roads) 0-2%, 2%+ 0 -10%' 10% -30%' 30% + <50', 50' -75', 75'-100', 100'+ Indicate material, compacted, rocky, loose, wet, smooth, rough Indicate turnout, bench Indicate permitted trail use, including running, bicycles, horses, dogs; note areas particularly popular with certain user groups where applicable. Views, natural and historical interest Completion of the trail inventory will be the responsibility of District staff, based on training and review to be provided by management and supervisors. The maximum time frame for inventory of any specific site will follow the Site Emphasis Plan Schedule for preparation and update of preserve use and management plans. Opportunities to inventory trails earlier than the scheduled Site Emphasis Plan update will include instances of trail construction projects in the area, and the general availability of District staff to work on the inventory in lieu of other duties. 12 Attahemnt 2 The trail condition and use classification will be incorporated into the site information for the individual preserves. The information may be presented by including symbols or notes on the preserve maps, through written descriptions in the preserve brochures, or through tables of conditions corresponding to topographic profiles. Site maps and brochures are reviewed in draft form by the public, allowing the opportunity for:refinements prior 'to publication. The diagram presented below illustrates some of the terms used in the classification. WIDTH (CLEAR PATH) TRAIL INVENTORY CRITERIA Scale: Schematic CALCULATION OF SLOPE PERCENT EXAMPLE: 5% = 5 FEET VERTICAL IN 100 FEET HORIZONTAL 13 Attahemnt 2 V. Access Objective and Policies The following policies represent the District's position and plan for providing access to persons with disabilities. Objective It is the District's objective to provide access to its activities and programs, including employment, and to its open space preserves, facilities, and trails, to.all persons, regardless of physical limitations. Policies 1) Steering Committee. The District will form an Access Steering Committee, composed of interested constituents. The committee will participate in the preparation and implementation of plans to improve access for persons with disabilities. The committee will also facilitate communication with people who are interested in this issue. 2) Access Plan. Once adopted by the Board of Directors, this document shall comprise the official District policy and procedure with respect to provision of access to persons with disabilities, and shall be implemented as established herein, or as subsequently amended. 3) Access Level Classifications. The District will use the three levels of access outlined in Section N of this document as guidelines in evaluating, designing, constructing, improving and providing information about its sites and trails.. These access classifications may be amended based on further knowledge or public comment. 4) Access Improvement Process and Priorities. The planning and prioritizing of access improvements to accommodate persons with disabilities shall follow the established Relative Site Emphasis and Preserve Use and Management Plan procedures, as outlined in Section VI of this document. Commitment to access improvements shall be on the basis of specific measures or projects rather than a standard percentage of budget or proportion of construction. 5) Amendment of Site Emphasis Criteria. Section E, Accessibility to the Public, contained in addendum number 1 of the District's adopted Site Emphasis Policy, shall be amended to add the following criterion: "Does the site offer opportunities to provide access for persons with disabilities?" 6) Accessible Buildings and Sites. All District-owned buildings and other structures which are used by the public shall be constructed or renovated to meet current state and federal standards for access to persons with disabilities. Designated accessible parking areas will be provided at all sites and trailheads where formal parking is provided. Accessible public toilets will be provided at all locations where public toilets are provided. 14 Attahemnt 2 7) Removal of Physical Barriers. The District will remove or correct the physical barriers identified in Section VII of this plan before January 26, 1995. 8) Public Communication Measures. The District will undertake the following specific measures, and other general outreach and information measures to make the public aware of the access opportunities presented by the District's lands: a. The District will implement the measures outlined in Section VI, Docent and Volunteer Programs. b. The District will publish and regularly update information on currently accessible trails and sites. c. The District will inventory, classify and publish information about the accessibility of its trails in updating its general maps and brochures, as outlined in Section VII of this Plan. d. The District will provide the means to comment on access conditions at specific District sites by posting the communication contact name, number and address at major staging areas. Typically the Planning Manager will be the primary contact on this subject. e. The District will endeavor to inform and educate the public about access opportunities on its trails and sites, and in its programs, through the media and in general public affairs activities. 15 Attahemnt 2 VI. Plannin~: and Prioritizin~: Access hnprovements The prioritizing and scheduling of access improvements will be based on the District's adopted process for scheduling the inventory, planning and improvement of sites. Many of the District's existing trails are barrier free and may be categorized as type 2 or 3, or even type 1, as the inventory progresses. The District is a land acquisition and preservation-oriented organization. The planning and improvement of sites may follow well behind the acquisition of sites. Planning efforts are carefully organized and scheduled to see that limited budget resources are expended in the most efficient and beneficial way, and to respond to diverse public and individual requests for use and improvement of the land. Site Review and Planning Process A process has been designed and adopted by the District to ensure that site planning considers all the issues and conditions at each specific site, as well as overall District and public objectives. Numerous projects to provide access to trails and sites to persons with disabilities have been incorporated into this process, and any future plans and projects are to be considered in the same context. The Preserve Use and Management Plan is the basis for any· sort of physical change or improvement of any District land, and for decisions on any proposed use of the land. This plan will include information about the resources and physical conditions on the site, public input regarding desired uses and improvements, and development and review at staff, public, and District Board levels of these opportunities and constraints and the planning proposals. Until a site has gone through this process, no parking, trails or other significant public improvement or use will be considered. Change is usually gradual even after formulation and adoption of the use and management plan. Existing uses and conditions are typically maintained. Proposed uses or improvements that were not originally identified in an adopted Use and Management Plan will only be considered in the context of review or amendment of the Use and Management Plan. The schedule for preparation and review of Use and Management Plans is updated annually through review of the Relative Site Emphasis Plan, which includes a five-year Capital Improvement Plan. This review generally takes place in December and January in preparation for the District's budget year, which begins April first. The Relative Site Emphasis Plan is a way of prioritizing both short term and long term planning and development projects for all District sites. The Capital Improvement Plan (CIP) corresponds to the schedule for preparation of Use and Management Plans and is part of the District's overall budgeting process. The CIP identifies significant planning and construction projects within the next five years, including trails. The capital improvement program is the best indication of what the District is planning to do to make its trails and sites accessible to people with disabilities. · Chart A, presented in the following pages, presents the trail projects currently in the Capital 16 Attahemnt 2 Improvement Plan, and highlighting those that are Level 1, or Whole Access. Chart B, presents the schedule for preparation and update of preserve use and management plans, which comprises the general schedule for inventory of existing trails on a site basis and for consideration of new projects. Budget and Schedule for Access Improvements Chart A indicates that the projects budgeted by the District for new or improved Levell/ Whole Access trails in the FY 92/93 version of the plan comprise from 26% to 84% of the annual trail construction budget over the next five years, and comprise 40% of the total trail budget for the five year period. Due to the current state budget deficit, there is a likelihood that the District's revenues will be significantly reduced. The timing and impact of such cuts is unknown at this time. The District Board has taken a conservative approach to spending in anticipation of the cuts. In any case the effect will be extension of the schedule for acquisition and site development compared to the 92/93 plans presented here. Public participation is encouraged during the review and adoption process for the 93/94 budget, which will take place in January '93, and in any subsequent amendments in response to new budget information. Site Emphasis Criteria The adopted criteria for making general site emphasis and site plan decisions, contained in Addendum number 1 of the District Site Emphasis Policy, are reproduced below. With the adoption of this Access Plan, the specific criterion of providing access for persons with disabilities will be added to Section E, Accessibility to the Public, as highlighted in bold type: A. Public Interest Does the public express a desire, either directly or indirectly, to utilize the site? This may be evident by existing use which occurs regardless of land status· and/or by interest communicated to staff or Board. B. Geographical Location Does or will the site receive high levels of use and pressure for recreational development due to its close proximity to the urban area? C. Regional Significance How significant is the site in relationship to other existing public lands, and does it serve 17 Attahemnt 2 as an important link (providing trail connections) between or leading to other facilities? D. Attractiveness of Natural or Developed Features Are there features on the site (such as a unique landscape, historical building, parking areas, trails, etc.) which are of particular interest and attractiveness or usefulness to the public? E. Accessibility to Public Can the District's general public (not only site neighbors) gain access to the property from public roads or adjacent public lands or if not, is there the potential for improving this access (parking) on District or adjacent public lands? Does the site offer opportunities to provide access for persons with disabilities? F. Lack of Existing Open Space/Parklands for Public Use Are there no other nearby open space recreational experiences (including existing developed preserves) accessible to the public on a regional basis? Such facilities if accessible and minimally developed would possibly alleviate the need for development of the site in the near future. G. Geographical Distribution How well does the site serve as a regional facility, and will its development better distribute open space opportunities throughout the District? H. Manageability of Site Can the site be readily managed presently and in the future if further development were to occur? This could be related to the number of access points and the adequacy of patrol routes, presence of an agricultural tenant, a renter, a Ranger residence, or other lease arrangement. I. Costs Measured Against Benefits To what extent do the benefits to the public exceed the costs associated with development and management of the site? Some sites will tend to yield great benefits ·at little costs. J. Physical and Psychological Carrying Capacity Is the site capable of providing open space experiences for large numbers of visitors without degrading the resource or psychologically reducing the quality of the experience? Is there the potential for expanding facilities such as trails without exceeding the carrying capacity? 18 Attahemnt 2 ~­ \0 CHART A-5 YEAR CAPITAL IMPROVEMENT PLAN. TRAIL CONSTRUCTION & IMPROVEMENT PROJECTS (Revised 10/1 0/92) Preserves Trail Projects 1. Skyline Ridge Trail to LROSP (LWCF) Bullis Bypass Trail Lambert Creek Trail 2. Monte Bello U&M Access FY Adopted Level 1992/93 Yes 3 I 65000 Yes ?, Int. No ?, Int. Gold Mine Trail Yes ·?,Int. FY 1993/94 FY 1994/95 15000 25000 L -Level1, Trail Projects Access Levels -1 -Fully Accessibl-e · FY 19-ftS"/96' 350.00.. FY 1'J96/97 't-tTril<nown Until inventory & D.esig_n .. tot.:.rR.terrreHcroifferexTstihgtrails which may . requlrec upgrad&to provld& acces'~ 2 -Level· 2 Access - 3 -Level 3 Acc·ess · . Outsida Funding. Explan:a!iotr'an:a: 1\fotes 26000 ., Extended 1 year; permit came too late Possible Possible· Anticipatedhigh prioriiy.l:;vt.l&M-pta:n·· Extended 1 year; limited LM resources Disc Line Trail · Yes ?, Int. 15000 Stevens Creek Bridge Yes ? , Int. 110000 ~w@:i'itA.WW~H9)A~f~::m::=:=:::m::::m:::::x~~:::rmm:m::::=:m:rtr::m:m:mt~==~:::mmm::=:m::m:=::::m:::::::::::m:m:m::~::w:~::m:m:mm:99§!ttt''ttm~mm::::=:::::t:::::'::::::::rmm:::wm:::tr:=:::n:t::m=rl:m:::rtti:r;,~mlt:::tlJtttln:::::rrmmr::::m:r::mrmm:m::::: 3 . Ram!J$wii¢.i~~~stf.M::m::::r=:r::=:::::::::rr:x~~}:~:m:r=}:::::::=:::r::l:=:::rr:}:m:m:=:::::m:m:::m:m::=r:~~:rm:=:::m:::::r:n::=::::rmu:::r=::}tmm::::}:m::m:u;tmn;;.mrtxr§9'¥Vrt~I::::~Imt=mw::mmnttl~#®t~llw.t1ftlY.JW~~~ir.~R®.m$.?l.trr::::::::r 4. Purisima Creek ::w.MW:Al?:9:~~~::w~m::::m:rr::=::::==:rrrx~~=:r:::::m::rnms::~l:'t:n:rm:=::n:mm::::::=m:n:::::m:::r::::::=:m:r=:::::n::tt:?.§®.9Ir=m::::::::::::=:::,::::::n:::::n=m::::::mm::~::::m::::m::::=::':::::m:r=:=:::::::~m:lm::tr:n=:r:trnlwm::~tr:::::::r::r::~::: 5. Windy Hill _ .__ _ Corte Madera Trails Yes ? 10000 _ -· · Extended 1 year; limi~e9 lM.r,es0.t!!':cest:'' -· ::$.~@~!Wi~ll:¥M::ls?.@?m:im::m::m:=:w:@:::m::::::::::=:::m:mi:t:: ::=rm:::m:m::=:~:::::::m~:::::=::::::=~=:=:@®.P.=m:r=:m:m:==:=:mt=::m=::m::=:::::=::::::r:,::mn=:m:::tifJ.ittt'li.®~m:s.&&rg~&.~iM~;H@W.iif.~t~;m:;;~r@!!f@Wti¥f:w~w.~~:m::::::m:ttrt1 Meadow Trail ~ Yes ?, Int. 10000 Possible. Extended 1 year; corrisine:With Bozzo Bozzo/Midlevel Trail Yes ?, Int. 40000 Possible· 6. · St. Joseph's Hill Trail to Hilltop Yes ? . 10000 7. Rallii.f.~1n~'l§.;lt:AH?.':=:=::m::::::::::tm:::::=:ttt::::xM=::mtt:::m::::::::==a:ml::::=:m::m:::::m::=::::m:::::::m:::::m:::::::::mm:m:m::::m::::::::::m=mm:::::::::=::m=::m:m:m=:w::::::m=:::m&~9.9.IIe~E;tz$.9.®.i::wm=l::::l,::m:eM~1§l~wl·:~;aM:arlfmv( 8. El Corte Madera 9. Picchetti Ranch Area Trail above Pond Yes ?, Int. I 15000 Trail to Cosigny Yes ?, Int. 10000 1 0. Saratoga Gap 11. LosTrancos :1 l\ h ~I tl ~! ~~' ,') Attahemnt 2 N 0 Preserves Trail Projects 12. Long Ridge Trail to Skyline Jikoji Bypass Trail U&M Access FY Adopted Level 1992/93 Yes 3 / 1DDDD ?, Int. FY 1993/94 1DDDD FY 1994/95 -FY _ 1995/96 FY 1996/97 Outside Funding EXplanatiOn and I"''O"t6S" Anticipated reintroduced project 13. Pulgas Ridge _ . :~:¢.'i:?'f.~mw¥itrMi:l@W.¢.s::m:nmmmm:xw:=rr::::==:r=:::=ri=m :m::t@.j/i'9:m:mj:i$.%@Jm:~tMH?f@UG'm;.::~R:I'¥?B~;.~unrm:m:·n South Canyon Trail Yes ? 2DDOO · Possible Expenditure notpre.viously schedule,d-- Edmonds Trailhead Yes ? 1 DODO Possible 14. Russian Ridge Vista Trail (Prop 70) Level Loop Trails (LWCF) Nature Trail (LWCF) 15. La Honda Creek Dyer Trail to PGE Hwy 84 to Dyer Trail 16. Teague Hill 17. Fremont Older Seven Springs Road 18. Kennedy Road Area 19. Windmill Pasture Area Upper Black Mtn Trail 20. Stevens Creek Shoreline 21. Coal Creek Vista Point Trail Melville Trail 22. El Sereno 23. Foothills Foothills Park Trail 24. Thornewood Upper Bypass Trail Yes 3 Yes ?, Int. -Yes ?, Int. Yes Yes ? ? Yes ?, Int. No ?,Int. Yes ?, Int. Yes 3 No Yes ? 10000 48000 15000 26DOD 5000 PS 15000 15000 1-0000 1DDDO 1DDDD 24DDD' ·rAc'Celerated·tO<complete ~ranis '*"- 12DoD Accelerated to complete grants Possible [Deferred; combine with parking lot .. Possible _ D.eferre.d; comb_ine with parking lot -'~- Possible I Expenditure not previously scheduled Possible I Expenditure not previously scheduled Extended 3 years; grants accelerated Extended 3 years; grants accelerated Possible I Joint project, scheduled but·orrhold Attahemnt 2 t--) 1-' Preserves U&M Access FY FY FY Trail Projects Adopted Level 1992/93 1993/94 1994/95 25. Mt. Umunhum Area 26. Cathedral Oaks Area ------- TOTAL TRAIL DOLLARS 177000 156000 161000 LEVEL 1 TRAIL DOLLARS (57000) (58000) (35000) % LEVEL 1 TRAIL SPENDING (32%) (44%) (26%) Level 1, Trail Projects Access Levels - 1 Fully Accessibl~ ? Unknown Until Inventory & Design Int. Internal to other existing trails which may require upgrade to provide access 2 Level 2 Access 3 Level 3 Access FY FY 1995/96 1996/97 Explanation and Notes 57500 160000 177000 (7500) (90000} (247500) (33%) (84%} (40%) ~·' Attahemnt 2 CHART B • RELATlVE ORDER OF SrTES /TP fT USE AND MANAGMENT REVlEV/ SCHEDULE ·fMTE: 12/11/91 Relatlve Order or Sites Last 1. Skyline Ridge 2. Monte Bello ~ Rancho San Antonio 4. Purlslma Creek 5. \'Iindy Hill 6. St Joseph's Hill 7. Ravenswood ll. El Corte de Madera 9. Plcchelll Ranch Area 10. Saratoga Gap 11. Los Trancos 12. Long Ridge . 13. Pulgas Ridge 14. Russim Ridge· 15. ~a Honda Creek 16. Teague Hill . .--- 17. Eremont Older -1ll. Kenn~o:i'd Area S~!TdAzul . 19. 'tlindmill Pasture Area Rancho San Antonio 20. Stevens Creek Shoreline Zl. Coal Creek . 22. El Sereno 23. Foothills 2-'1. Thomewood 25. Mt Umunhum Area Sierra Azul .•. 26. Cathedral Oaks Sierra Azul Review 07/87 12/89 04/90 02/89 11/SS 08/87 04/90 08/89 01/SS o:J/89 07/87 07/90 02/87 o:J/88 11/90 07/89 04/S'J 05./90 10/87 .11/87 02/90 11/87 07/89 RE-v. lt>·1.o·'3Z- Fiva Year Use and Management Plan Target Review Sched~le 1'99'2 1 9S3 1994 1995 1 996 1st 2nd :>rd 4th Qtr Qtr Otr Otr =~·:::::::::::::::::::::::::::: :::::::::;:;:::::::::::::::::::::: ::::::::::::::::::::::::::::::::::. ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::· ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: 1st 2nd :>rd 4th Otr Otr Otr Otr :::::::::::::::::::::::~:~:::::::: :::::::::::::::::::::::::::::::::: ::::::::::::::~::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: 1st 2nd :>rd 4th .1st 2nd :>rd 4th Qtr Otr Otr Otr Qtr Otr Otr Q tr :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::;:;:;:;:;:;:;:;:;:; =~::::;:::::::;::::::::::::::: :;:::;:::::;:;::::::::::::::::::::. ::::::::::.~.:;:;::::::::::::::: :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::.:::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::.~.: :::::::::::::::::::::::::::;:::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: 1st 2nd :>rd 4th Otr Otr Otr . Qtr :::::::::::::::::::::::::::::::::: :::::::::::;:::::::::::::;:::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: . ::::::::::::::::::::::::::::::::::: ::.::.::.::.::.::.::.::_:_·_.::.::.::.::_: .. ·:_:::.::_ ·.·:.::_::.::.::_::.::· .. :.::_::_::_::.=:.::.::.::· .. : :.::_::.::_::.::.::.::_::_::.::_::· .. :.:= .. :·.·:.:· . .-.·.: .·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.· :::::::::::::::::::::::::::::::::: ···-1··············· ::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :=:::::::::::::::::1:1::::::::::: .·.·.·.·.·.·.·.·.·.· .. ·.·.·.·.· .. · ::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::: ~:: :::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: ~::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::;::::::::::::::::::::::: ;:::::::::::::::::;:::;:;:::·Jit: ................... :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ::::::::::::;::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::: ::::::::::o::::::::::::::::::: ................. :::::::::::::::::::::::::::::::::: :·_.::.:· .. :.::· •. :· •. :·_.::.:· .. :· .. :· •. :· •. :· .. :·_.::.:· .. :· .. : .:.:_:::.::.::_;_:::.::.::_::.::_::.::.::_::.::_: .• ·: :· .. :· .. :· .. :· .. :· •. :· •. ::.::.:· .. :· .• :· •. :· •. :.::·.·•.·.·.: · .. :.::.::_::_:;_::.::_::· •. :.::_::_::.:·.·.::.::· . .-.·.:· •. :-:·:-:-:·:·:·:·:·:-:-:-:-:-:·:·:-. : .. ~-:.:.:.:.:.:.:.:.:.:.:.:.:.:.: 0 Interim Us2 and Management Plan Review Jl Comprehensive Usa and Managemanc Plan Re•tiew 22 ---·-·---·------.·--:-----·----. -. ----~--. -.--::.·.-.--=-=-=-:-:-· -:···- Attahemnt 2 Vll. Volunteer and Docent Pro~rams Background The District has operated a Docent Program, supported by a staff Docent Coordinator, since soon after the District's formation in 1972. The District has operated a Volunteer Program, supported by a half-time staff Volunteer Coordinator, since 1986. In addition to the paid staff, the District provides a modest budget for materials and expenses of the programs. All other participation is on an unpaid volunteer basis. · Program Objectives The basic objectives of the Docent Program are to help educate the public about the natural history and resources of the District's lands; to generate public understanding and support for the District's open space preservation mission; to involve the public in the District's activities; and to enhance the visitor experience. The basic objectives of the Volunteer Program are similar to those of the Docent Program; to generate public understanding and support for the District's open space preservation mission; to involve the public in the District's activities; and to conserve the District's financial resources by using volunteers to assist paid staff in completing maintenance and improvement projects. Docent Program Description The Docent Program typically includes from 50 to 80 volunteer docents. Twice per year, in the Spring and the Fall, the District provides docent training in natural history. New docents may start in either Spring or the Fall, and are expected to attend both training sessions. There are several optional training sessions offered each year in a variety of subjects. Informal docent activity planning meetings and social events are held throughout the year. Docent activities are focused on organizing and leading walks and hikes in the open space preserves, with interpretation of natural resources and human history provided by the docents. Most of the ideas for the walks, hikes, and talks come from the docents themselves. They vary widely in subject, location, length and difficulty. Any group of 10 or more persons may request a special docent-led hike or talk, which may be custom-tailored to their needs and interests. Public awareness of the Docent Program is provided through general District publications such as the quarterly general newsletter, the annual report, the Visitor Guide and site-specific maps and brochures. Direct access and participation is provided by a monthly "Walks. and Hikes" newsletter that is distributed to a large general mailing list and sent to local newspapers for publication. The District has a small Nature Center building at Alpine Pond in the Skyline Preserve which is used for research and interpretive activities. 23 Attahemnt 2 Volunteer Program Description The Volunteer Program operates on a "drop in" basis. There is no required training or membership. The Volunteer Coordinator organizes at least one event or project per month, consisting of a basic resource restoration, maintenance or construction project in the District preserves. Interested members of the public can work alongside District staff to improve or protect natural resources or public access facilities. The District provides tools, equipment, basic supervision, and usually refreshments, for these one-day projects. A Volunteer Newsletter, published quarterly, informs the public of upcoming projects, and reports on the participation and progress on past projects. Like the Docent Program, public awareness of the Volunteer program is promoted by general District publications. In addition to specific projects, the Volunteer Coordinator arranges for the use of public volunteers and community service assignees in administrative office tasks such as filing and mailing. The District also makes use of adult and juvenile justice system work release programs and the California Conservation Corps to complete maintenance and construction projects. This assistance may or may not be combined with public volunteer efforts. Measures to Improve Program Access for Persons with Disabilities The accessibility of the Docent and Volunteer programs is facilitated because they are flexible in format and content, and easily adapted to the specific needs of the participants, including the Docents themselves. Also, because they are based on public participation, any group with special interests is free to design and carry out their own program with the help of District staff and resources, or to ask the District to design a program for them. Expansion of access for persons with disabilities to these programs will be based on wider outreach and communication of the opportunities, and on input from, and participation of, persons with special needs and interests. The following specific measures will be implemented by the District in order to expand access to its Docent and Volunteer Programs: 1. Expand the mailing list for the Docent "Hikes and Walks" and the "Volunteer Voice" newsletters to include organizations and groups that are concerned with serving people with disabilities. (By January, 1992). 2. Encourage and act on specific information or suggestions for participation by persons with disabilities in the programs, either through the efforts of persons already in the programs or by encouraging other individuals or groups to participate in a way that directly or indirectly benefits access for persons with disabilities. 3. Ensure that the Docent and Volunteer Coordinators, and the docents and volunteers themselves, are aware of the interests and needs of persons with disabilities, and help them to 24 Attahemnt 2 provide the accommodations that may be necessary. (Publish article in upcoming newsletter, cover issue generally in upcoming training or meetings, and cover specific measures as they are requested or identified). 4. Encourage and recruit people with disabilities· to participate in the volunteer and docent programs and to make use of open space resources in general. 25 Attahemnt 2 Vill. Physical Barriers to be Corrected An inventory of all District sites has been completed to identify physical barriers to program accessibility. The inventory forms are attached as Appendix A. The inventory identified the following physical barriers to general program accessibility, existing as of August, 1992, which are to be corrected by January 16, 1995: Parking Areas, Various Preserves The following parking areas lack designated accessible parking spaces, which will be added as noted below: Skyline Area Preserves 1. Los Trancos 2. Monte Bello 3. Purisima Creek Redwoods (Higgins-Purisima) 6. Windy Hill Foothills Area Preserves 1. Fremont Older 2. Monte Bello, (Picchetti Ranch) 3. Rancho San Antonio Permit Lot Number of Spaces 25 45 10 10 10 35 12 Total number of signs required Number of Required Accessible Spaces 1 2 1 1 1 2 1 2 Monte Bello Open Space Preserve, Black Mountain Pack-in Camping Area 1. Replace restroom facility with wheelchair accessible unit. 2. Publish permit procedures for backpack camp to allow drive-in access to visitors with disabilities. Fremont Older Open Space Preserve 1. Replace temporary restroom with a wheelchair accessible temporary restroom. 26 Attahemnt 2 Rancho San Antonio Open Space Preserve 1. Install two self-contained accessible restrooms near Deer Hollow Farm (Project in FY 92/93 budget, currently pending use permit approval). Trailhead Gates and Stiles Most District trailheads feature open access or "block type" stiles which accommodate wheelchairs. Where physically feasible, the District will add accessible (block type) stiles at trailheads that have only step-over stiles. 27 Attahemnt 2 VID. Administration of the Access Plan The District's planning manager, Randy Anderson, is the person responsible for administration of the Access Plan and response to access issues. Comments or questions may be directed to Mr. Anderson at the District administrative offices. The District has formed a steering committee of persons who are interested in reviewing and making recommendations on the implementation of Access Plan. Please contact Randy Anderson at the District for more information, or if you are interested in participating on the committee. The District publishes, and regularly updates, information on access conditions, entitled "Access Opportunities", which may be obtained by calling, writing or visiting the District offices. 28 Attahemnt 2 DATE: March 11, 2015 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors FROM: Gretchen Laustsen, Planner II SUBJECT: Informational Report on the Accessibility Plan Update _____________________________________________________________________________ SUMMARY The Fiscal Year (FY) 2015-16 Action Plan includes updating the District’s Accessibility Plan. The American with Disabilities Act (ADA), which was enacted in 1990, is a civil rights law that prohibits discrimination of people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. ADA protection also applies to the provision of programs, activities and services offered to the public by a state or local government. To comply with the 1990 ADA, the Board adopted the “Access Plan for Persons with Disabilities (‘Accessibility Plan’)” in January 1993 (refer to Attachment). This informational memo provides an overview of the ADA requirements and the necessity for an update to the District’s Accessibility Plan. DISCUSSION Since the adoption of the Accessibility Plan, ADA regulations and accessibility guidelines have changed. Amendments have been made to the ADA that broadens the scope of who is considered disabled under the law and expand accessibility requirements for recreational facilities. Also, the Federal 2010 ADA Guidelines for Accessible Design and Accessibility Guidelines for Outdoor Developed Areas (effective 2012) and the U.S. Access Board’s updated accessibility guidelines for the design of accessible facilities and programs have been issued to define and clarify compliance requirements for agencies that provide outdoor recreation opportunities. Since 1993, the District has also expanded many of its programs, activities and services that are subject to ADA regulations. In addition to adding nearly 25,000 acres to the regional greenbelt, the District’s operations and programs have grown significantly. For example, the organization has increased from less than 50 employees in the 1990s to 120 in 2015, with additional staffing anticipated as part of the Financial Operational Sustainability Model (FOSM). In addition, the volunteer program has grown from less than 100 volunteers in the 1990s to over 600. Attachment 3 2 To ensure that the District is complying with the updated federal regulations and meeting the access objectives and policies of the Accessibility Plan, an update to the Accessibility Plan is needed that includes the following:  Implementation of ADA awareness training for staff and volunteers.  Review, update and implementation of ADA policies and procedures.  Updated assessment of facilities, programs and services.  Transition plan to address necessary structural modifications, program accessibility guidelines, standards and resources. The District will need to contract with accessibility experts to assist with the Accessibility Plan Update and ADA training of staff and volunteers. The General Manager has directed staff to proceed with developing a Request for Proposal for accessibility consulting services to assist with the Accessibility Plan Update. This contract is expected to be over $25,000 and will be brought to the Board for approval next fiscal year. On a related note and in the interim, the General Manager will be bringing to the Board a new policy on Other Power-Driven Mobility Devices for Board consideration. Attachment: Agenda Report R-93-08 regarding Plan for Compliance with the 1990 Americans with Disabilities Act Attachment 3 R-17-101 Meeting 17-18 August 9, 2017 AGENDA ITEM 11 AGENDA ITEM Agreement with RECON Environmental Inc. to Maintain Plants at Nine Revegetation Sites for Three Years GENERAL MANAGER’S RECOMMENDATIONS 1.Determine that the recommended action has been evaluated previously under the California Environmental Quality Act. 2. Authorize the General Manager to approve an agreement with RECON Environmental Inc. for an amount not-to-exceed $615,780 to maintain plants at nine revegetation sites for three years. 3. Authorize a 10% contingency of $61,578 to be expended only if necessary to cover unforeseen conditions for a not-to-exceed total contract amount of $677,358. SUMMARY The work to be accomplished under this contract will initiate large-scale habitat restoration at nine sites spread across the District including Mt. Umunhum. This is a critical step in reestablishing normal ecological function at areas previously disturbed by destructive land use practices. In previous years, the District typically has installed plants on relatively few restoration sites, and the work anticipated under this contract is a dramatic increase. As Measure AA construction projects are now getting under way, and subsequent plant installation and associated tasks follow, this year represents habitat restoration at a level three times higher than in the past. This agreement will authorize RECON Environmental Inc. to maintain and monitor approximately 3,500 plants at nine revegetation sites on District preserves, primarily in association with the development of the Mount Umunhum Summit, Road and Trail in Sierra Azul Open Space Preserve, but also at other construction project sites in Monte Bello, Russian Ridge, La Honda Creek, and Purisima Creek Redwoods Open Space Preserves. The scope of work includes watering installed plants, weeding, and maintenance of plant protection devices in compliance with project permits, mitigation measures per the environmental review, and project design criteria. Additionally, the contractor will report annually and monitor the survival of installed plants and reduction in weeds. As necessary, replanting will occur. This work is anticipated to be completed from 2017 through 2019 for a total not-to-exceed amount of $677,358. The first year of work, during Fiscal Year 2017-2018, will cost $245,163. Sufficient funds are included in the Fiscal Year 2017-2018 Budget for the first year of work.[KL1] R-17-101 Page 2 DISCUSSION With construction of numerous Measure AA projects now underway, many projects require installation of native plants to mitigate for projects impacts, as a permit condition, or per District policies and practices to restore construction sites or degraded areas to natural and aesthetic conditions. Various projects at Mt. Umunhum Summit, Road, and Trail will require new planting starting September 9, 2017. Likewise, new plantings required at trail, parking lot, and bridge construction sites in other preserves will be installed primarily by volunteers almost every weekend through the remainder of the planting season (mid-November). Most installed plants require three to five years of watering and weeding before they are established well enough to survive on their own. In total, in fall 2017, six new project sites will be planted in addition to three existing planting projects, all of which require additional years of maintenance during the establishment period. The nine projects under this agreement are: Site 1. Mount Umunhum Summit Restoration, Sierra Azul OSP - restore constructed summit to natural and aesthetic conditions. Some planting occurred in 2016, most of the planting will occur in 2017. Site 2. Mount Umunhum Road Mitigation, Sierra Azul OSP - new site to replace rare plants removed by road construction. Site 3. Mount Umunhum Trail Mitigation, Sierra Azul OSP – initial planting at this site occurred in 2016 for partial fulfillment of permit conditions. New planting will occur in 2017 to complete fulfillment of permit conditions. Site 4. Bald Mountain Parking Lot, Sierra Azul OSP – originally planted in 2014 during drought, requires additional years of planting and plant establishment. Site 5. Woods Trail Mitigation, Sierra Azul OSP - new site to be planted in 2017 per permit requirements for Mt Umunhum Trail. Site 6. Stevens Creek Nature Trail Mitigation, Monte Bello OSP – new site to be planted for permit conditions per bridge and trail improvements. Site 7. Mindego Gateway, Russian Ridge OSP – originally planted in 2013 during drought, requires additional years of planting and plant establishment. Site 8. Sears Ranch Bioswale and Vegetated Depressions, La Honda Creek OSP – new site to be planted in 2017 around newly constructed parking lot. Site 9. Harkins Bridge Mitigation, Purisima Creek Redwoods OSP – new site to be planted in 2017 around newly relocated bridge. The tasks included under this three-year agreement to maintain restoration sites through the plant establishment period are the watering of 3,537 plants 57 times, weeding plant basins and the surrounding area 23 times, maintaining cages and plastic tubes around some plants to discourage browsing by wildlife, replacing plants if survival rate is less than 80 percent, monitoring the survival of plants, and reporting on an annual basis. R-17-101 Page 3 Staff evaluated several options to determine if this work could be accomplished by volunteers or field staff in the Land and Facilities Department. Volunteers have been integrated into the habitat restoration program where possible. For example, of the eight new sites being planted this year, six will be planted by volunteers. However, the amount of work and expertise required for establishing the plants over three years is not a good match for volunteers. Likewise, field staff is fully committed to other projects at this time. Hiring a contractor to meet this increase in plant establishment responsibilities is considered an interim measure. Staff will evaluate the level of future projects and evaluate the roles of staff, volunteers, the Conservation Corps, and grants to determine the most effective combination going forward. A Request for Bids was sent to fourteen contracting firms, local builders’ exchanges, and posted on the District website on June 8, 2017. Six firms attended a mandatory pre-bid tour on June 19, 2017. Two addenda were issued. Four proposals were received with results shown below indicating this was a competitive process. Bidder Location Total Bid Percent Difference from Cost Estimate of $680,000 Ecological Concerns Inc. Santa Cruz, CA $673,140.00 -1.0% Hanford ARC Sonoma, CA $694,480.00 +2.1% Habitat Restoration Sciences, Inc. Vista, CA $774,339.00 +13.9% RECON San Diego, CA $615,779.96 -9.4% After thorough review of the proposals, RECON Environmental Inc. of San Diego, CA was determined to be the lowest responsible and responsive bidder. RECON has recent experience installing and maintaining revegetation sites in remote natural areas throughout California. The base cost for these services will not exceed $615,780 over the three-year period. In addition, if necessary to cover unforeseen conditions, a ten percent contingency ($61,578) is recommended, raising the not-to-exceed amount of this contract to $677,358. FISCAL IMPACT The Natural Resources Department FY2017-18 Budget includes $428,500 for plant maintenance. There are sufficient funds in the Department budget to cover the recommended action. However, several of the projects included in this contract were not anticipated during the Action Plan development process and therefore funds were not specifically allocated for those projects in the Natural Resources Department FY2017-18 Budget. Staff anticipates the need to amend the Natural Resources budget to cover the costs for these unanticipated project costs, and will look for cost savings from existing projects for this purpose. Additional funds will be requested in Fiscal Years 2018-19, and 2019-20 for these restoration site maintenance costs. R-17-101 Page 4 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Each of these planting sites were included in the evaluation under the California Environmental Quality Act (CEQA) for the original public access project and found to have no significant unavoidable impacts. See the table below for the citation of the CEQA document relevant to each planting site. The CEQA review for the work authorized under this contract was completed at the time the construction for each project was authorized by the Board. Mount Umunhum Summit Restoration Mount Umunhum Road Mitigation Mount Umunhum Trail Mitigation Woods Trail Mitigation Bald Mountain Parking Lot Mount Umunhum Environmental Restoration and Public Access Project Environmental Impact Report, Ascent Environmental, Inc. May 2012. Stevens Creek Nature Trail Mitigation Initial Study/Mitigated Negative Declaration, Monte Bello Open Space Preserve Bridge Projects, Environmental Science Associates, January 2016. Mindego Gateway Mindego Gateway Project Initial Study/Mitigated Negative Declaration, LSA Associates, Inc., February 2012. Sears Ranch Bioswale La Honda Master Plan Initial Study/Mitigated Negative Declaration, Midpeninsula Regional Open Space District, August 2012. Harkins Bridge Mitigation Initial Study/Mitigated Negative Declaration, Harkins Bridge Replacement Project, FY 2018 FY 2019 FY 2020 Natural Resources Budget $428,500 Spent-to-Date (as of 07/11/17) $0 Encumbrances $0 Award of Proposed Contract – Hanging Sedge Removal $52,900 $30,000 $0 Award of Proposed Contract - Plant Establishment at Multiple Sites $245,163 $150,628 $76,476 Budget Remaining (Proposed): $130,437 R-17-101 Page 5 Midpeninsula Regional Open Space District, October 17, 2014. NEXT STEPS Upon approval by the Board of Directors, the General Manager will execute an agreement with RECON to maintain the nine revegetation sites through the plant establishment period over the next three years. Attachment: 1. Location Map Responsible Department Head: Kirk Lenington, Natural Resources Department Prepared by: Cindy Roessler, Senior Resource Management Specialist Graphics prepared by: Jamie Hawk, GIS Technician ÄÆ9 ÄÆ87 ÄÆ84 ÄÆ237 ÄÆ9 ÄÆ17 ÄÆ680 ÄÆ880 ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ85 ÄÆ84 ÄÆ1 ÄÆ280 ÄÆ280 ÄÆ82 ÄÆ35 T u nita sCreek Rd Page Mill Rd !7 !6 !1 !5 !8 !9 !4!3!2 BEAR CREEK REDWOODS COAL CREEK EL CORTE DE MADERA CREEK EL SERENO FELTON STATION FOOTHILLS FREMONT OLDER LA HONDA CREEK LONG RIDGE LOS TRANCOS MONTE BELLO PICCHETTI RANCH PURISIMA CREEK REDWOODS RANCHO SAN ANTONIO RUSSIAN RIDGE SARATOGA GAP SIERRA AZUL SKYLINE RIDGE ST. JOSEPH'S HILL STEVENS CREEK SHORELINE NATURE STUDY AREA TEAGUE HILL THORNEWOOD TUNITAS CREEK WINDY HILL Midpeninsula Regional Open Space District (MROSD) May 2017 Location Map Pa t h : G : \ P r o j e c t s \ a _ D i s t r i c t w i d e \ N a t u r a l _ R e s o u r c e s \ P l a n t s \ R e v e g e t a t i o n S i t e s \ V E G _ R e v e g e t a t i o n S i t e s _ B o a r d M e e t i n g _ D o c _ 2 0 1 7 0 5 3 0 . m x d Cr e a t e d B y : j h a w k 0 52.5 MilesI MROSD Preserves While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. !#Revegetation Site Project Location Site 1. Mount Umunhum Summit ResotrationText Site 2. Mount Umunhum Road Mitigation Site 3. Mount Umunhum Trail Mitigation Site 4. Bald Mountain Parking Lot Site 5. Woods Trail Mitigation Site 6. Stevens Creek Nature Trail Mitigation Site 7. Mindego Gateway Site 8. Sears Ranch Bioswale Site 9. Harkins Bridge Mitigation Attachment 1 From:Jennifer Woodworth Bcc:BOARD; Kevin Woodhouse; Stefan Jaskulak; Ana Ruiz Subject:Board Questions Re: 8/9/17 Agenda Date:Wednesday, August 9, 2017 10:46:36 AM Good morning all, Please see the responses below in blue for the questions submitted for tonight’s agenda items. Thank you. Jen Director Riffle I have three questions about the claims, and I will be asking for more explanation for Agenda Item 4, recommendation 1. My claims questions are: Check 75647 (Belz Construction) - which house is this? The OSP designations SG/WH/PCR did not help (Saratoga Gap/Windy Hill/Purisima Creek Redwoods) Re-roof garage at 10691 Stevens Canyon Road, Cupertino; Re-roof house at 4411 Alpine Road, Portola Valley; Install gutters & downspouts at 13030 Skyline Blvd., Woodside Check 75658 (CDW LLC) - more explanation of the item purchased - Memory Expansion for Servers as we were running out of memory for server applications and services. We could not safely expand datacenter operations without this upgrade. - Computer Server Expansion to District Datacenter allowing more resilient operation of future applications such as our ERP Software (New World) and Work Order Systems. - In a nutshell, the purchases allows the District to proactively plan for our future technology roadmap allowing us to roll out new services and software in a more efficient fashion Check 75649 (Biomass) - more explanation of the project BioMaAS is providing weekly monitoring of White-throated swift activity around the Mt. Um tower and the nearby rocky cliffs. This work is in compliance with our monitoring plan for the tower exclusion project and California Department of Fish and Wildlife recommendations. The tower exclusion project goal is to keep White-throated swifts and other wildlife from continuing to become entrapped, and dying inside, the tower. Director Siemens Claim 75752 for $29,491.68 for signs This claim is for our trailhead signboards and related accessories. 12 total signs at approximately $2,300 each, which is a lower price from a new vendor than was spent in the recent past. The new signs are primarily new installations at Mt. Umunhum and La Honda. Jennifer Woodworth, MMC District Clerk/ Assistant to the General Manager jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act.