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HomeMy Public PortalAbout20150909 - Agenda Packet - Board of Directors (BOD) - 15-23 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 9, 2015 6:00 PM REVISED A G E N D A 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy (R-15-129) Staff Contact: Jennifer Woodworth, District Clerk General Manager’s Recommendation: Review and consider the Board Code of Conduct and revisions to the Board-Staff Working Relationships and Written Communications Policies. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, 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. Meeting 15-23 1. Approve Board Meeting Minutes: August 26, 2015 2. Approve Claims Report 3. Naming of Commemorative Site for Herb Grench at Windy Hill Open Space Preserve (R- 15-130) Staff Contact: Shelly Lewis, Public Affairs Manager General Manager’s Recommendation: Approve the General Manager’s recommendation to name an overlook, install a standard bench and plaque, and dedicate an unnamed trail segment at Windy Hill Open Space Preserve in honor of Herb Grench, the Midpeninsula Regional Open Space District’s first General Manager who served from 1973-1993. 4. Award of Bid Contract for the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve (R-15-131) Staff Contact: Bryan Apple, Planner II General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Cal West Construction General Building, Inc., for an amount not-to-exceed $86,595, which includes the base bid amount of $75,300 plus a 15% contingency of $11,295, to construct the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 5. Addition of Two New Classifications and the Reclassification of Three District Positions in the Natural Resources Department and One District Position in the Administrative Services Department (R-15-134) Staff Contact: Candice Basnight, Human Resources Supervisor General Manager’s Recommendation: 1. Adopt a resolution amending the District’s Classification and Compensation Plan as follows: a. Addition of Resource Management Specialist III classification; b. Addition of Senior Finance and Accounting Technician classification; c. Removal of Senior Accounting Technician classification, to be replaced by Senior Finance and Accounting Technician classification. 2. Approve the following reclassifications of positions: a. Reclassification of a Planner III to a Senior Resource Management Specialist in the Natural Resources Department; b. Reclassification of a Planner II to a Resource Management Specialist III in the Natural Resources Department; c. Reclassification of Senior Administrative Assistant to a Senior Finance and Accounting Technician in the Natural Resources Department. d. Reclassification of Senior Accounting Technician to a Senior Finance and Accounting Technician in the Administrative Services Department. 6. Proposed Purchase of the Meyer/Connolly Property as an addition to Sierra Azul Open Space Preserve located off of Mt. Umunhum Road in unincorporated Santa Clara County (Assessor’s Parcel Number 562-22-041) (R-15-132) Staff Contact: Allen Ishibashi, Senior Real Property Agent General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Meyer/Connolly property. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Indicate the intention to withhold dedication of the Meyer/Connolly property as public open space. INFORMATIONAL MEMORANDA • Request for Subordination Relating to Proposed Refunding Bond Issue for the Las Pulgas Redevelopment Project Area (Menlo Park) INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 19100 Bear Creek Road, Los Gatos, CA (Portion of Santa Clara County APN 544-32-001) Agency Negotiator: Mike Williams, Real Property Manager Negotiating Party: Glenda Smith Under Negotiation: Terms of real property transaction ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on September 4, 2015, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, CMC District Clerk SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, September 9, 2015 6:00 PM A G E N D A 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy (R-15-129) Staff Contact: Jennifer Woodworth, District Clerk General Manager’s Recommendation: Review and consider the Board Code of Conduct and revisions to the Board-Staff Working Relationships and Written Communications Policies. ADJOURNMENT 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS The Board President will invite public comment on items not the agenda. Each speaker will ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. If you wish to address the Board, please complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance during this section. ADOPTION OF AGENDA CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, 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. Meeting 15-23 1. Approve Board Meeting Minutes: August 26, 2015 2. Approve Claims Report 3. Naming of Commemorative Site for Herb Grench at Windy Hill Open Space Preserve (R- 15-130) Staff Contact: Shelly Lewis, Public Affairs Manager General Manager’s Recommendation: Approve the General Manager’s recommendation to name an overlook, install a standard bench and plaque, and dedicate an unnamed trail segment at Windy Hill Open Space Preserve in honor of Herb Grench, the Midpeninsula Regional Open Space District’s first General Manager who served from 1973-1993. 4. Award of Bid Contract for the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve (R-15-131) Staff Contact: Bryan Apple, Planner II General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Cal West Construction General Building, Inc., for an amount not-to-exceed $86,595, which includes the base bid amount of $75,300 plus a 15% contingency of $11,295, to construct the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve. BOARD BUSINESS The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 5. Addition of Two New Classifications and the Reclassification of Three District Positions in the Natural Resources Department and One District Position in the Administrative Services Department (R-15-134) Staff Contact: Candice Basnight, Human Resources Supervisor General Manager’s Recommendation: 1. Adopt a resolution amending the District’s Classification and Compensation Plan as follows: a. Addition of Resource Management Specialist III classification; b. Addition of Senior Finance and Accounting Technician classification; c. Removal of Senior Accounting Technician classification, to be replaced by Senior Finance and Accounting Technician classification. 2. Approve the following reclassifications of positions: a. Reclassification of a Planner III to a Senior Resource Management Specialist in the Natural Resources Department; b. Reclassification of a Planner II to a Resource Management Specialist III in the Natural Resources Department; c. Reclassification of Senior Administrative Assistant to a Senior Finance and Accounting Technician in the Natural Resources Department. d. Reclassification of Senior Accounting Technician to a Senior Finance and Accounting Technician in the Administrative Services Department. 6. Proposed Purchase of the Meyer/Connolly Property as an addition to Sierra Azul Open Space Preserve located off of Mt. Umunhum Road in unincorporated Santa Clara County (Assessor’s Parcel Number 562-22-041) (R-15-132) Staff Contact: Allen Ishibashi, Senior Real Property Agent General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Meyer/Connolly property. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Indicate the intention to withhold dedication of the Meyer/Connolly property as public open space. INFORMATIONAL MEMORANDA • Request for Subordination Relating to Proposed Refunding Bond Issue for the Las Pulgas Redevelopment Project Area (Menlo Park) INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on September 4, 2015, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, CMC District Clerk R-15-129 Meeting 15-23 September 9, 2015 STUDY SESSION 1 AGENDA ITEM Board Code of Conduct, Board/Staff Relationship Policy, and Written Communications Policy GENERAL MANAGER’S RECOMMENDATION Review and consider the Board Code of Conduct and revisions to the Board-Staff Working Relationships and Written Communications Policies. SUMMARY AND DISCUSSION The pubic holds its elected officials to high standards of professional conduct. The Midpeninsula Regional Open Space District Board of Directors has always believed in and been committed to the tenets of high ethical standards and high standards of professional conduct. As part of its application for the Special District Association’s Transparency Certificate of Excellence, the Board is required to adopt a Code of Ethics or Code of Conduct. Staff is also bringing forward edits to the Board policy on Board-Staff Working Relationships to reflect the current practices of the District and to conform to the provisions of the draft Code of Conduct. As elected representatives for those residing in the District’s boundaries, it is essential that each Board member’s behavior be consistent with the level of responsibilities and duties of governance entrusted to them by the District’s residents. The Board Code of Conduct is designed to describe the manner in which Board members should treat one another, the District staff, their appointees, members of the public, and others they come into contact with while representing the District. As part of the District’s ongoing efforts to streamline procedures and increase efficiency, staff is also bringing forward edits to the Board Correspondence policy. These revisions seek to clarify when correspondence received from the public will be forwarded to the Board for review and response. FISCAL IMPACT There is no fiscal impact associated with adoption of the Board Code of Conduct or revisions to the Board-Staff Working Relationships and Board Correspondence policies. BOARD COMMITTEE REVIEW At its retreat on January 26, 2015, the Board discussed numerous standards and best practices that it would like to adopt to continue to increase its efficiency as a Board and in its relationship R-15-129 Page 2 with staff. The Board directed staff to return with a Code of Conduct and policy revisions summarizing and incorporating these standards. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS After review and discussion of the policies, the Board may approve the policies at the Study Session. Otherwise, the District Clerk will make any requested revisions and return the policies to the Board for adoption on September 23, 2015. Attachments 1. Draft Board Policy 6.07: Board Code of Conduct 2. Revised Board Policy 2.01: Board-Staff Working Relationships 3. Revised Board Policy 1.05: Board Correspondence Responsible Department Head: Stephen E. Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Midpeninsula Regional Open Space District Board Policy Manual Board of Directors Code of Conduct Policy 6.07 Chapter 6 – General Administration Effective Date: Revised Date: Prior Versions: N/A Board Policy 6.07 Page 1 of 3 Purpose The proper operation of Midpeninsula Regional Open Space District (District) requires that Board members remain objective and responsive to the needs of the public they serve, make decisions within the proper channels of governmental structure, and not use public office for personal gain. To further these objectives, certain ethical principles govern the conduct of each member of the District’s Board of Directors. This policy promotes awareness of ethics, integrity and fidelity as critical elements in Board members’ conduct and in achievement of the District’s mission. All elected and appointed officials, District employees, volunteers and others who participate in the District’s government are required to subscribe to this policy, understand how it applies to their specific responsibilities and practices its core values in their work. Because we seek public confidence in the District’s services and public trust of its decision makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest level of achievement in following this policy. Responsibilities of Board Members Board members are dedicated to the concepts of effective and democratic government by responsible elected officials. They shall: • Uphold the Constitution of the United States and the Constitution of the State of California, and carry out the laws of the nation, the state and local governmental agencies; • Comply with applicable laws regulating their conduct, including open government, conflict of interest, and financial disclosure laws; • Fulfill all applicable training requirements, including attending two (2) hours of ethics (AB 1234) training every two (2) years; and, • Inform themselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. • Make decisions based upon the merits and substance of the matter before them. • Publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Board members and the public prior to taking action on the matter. Board Policy 6.07 Page 2 of 3 Public Meetings Board members promote fair and open public processes. Board members, and persons elected but who have not yet assumed office as members of the Board, fully comply with California’s open meeting law for public agencies (the Brown Act). Confidential Information Board members will not disclose information that legally qualifies as confidential to unauthorized persons without approval of the Board of Directors. This includes information that (1) has been received for, or during, a closed session Board meeting, (2) is protected from disclosure under the attorney/client or other evidentiary privilege, or (3) is not disclosable under the California Public Records Act. Conflicts of Interest Board members will avoid both actual conflicts of interest and the appearance of conflicts of interest with the District. • A Board member will not have a financial interest in a contract with the District, or be purchaser at a sale by the District or a vendor at a purchase made by the District, unless his or her participation is legally authorized. • A Board member will not participate in the discussion, deliberation or vote on a matter before the Board, or in any way attempt to use his or her official position to influence a decision of the Board, if he or she has a disqualifying conflict of interest with respect to the matter under California law. • A Board member will not accept gifts that exceed the limitations specified in California law. Board members will report all gifts, campaign contributions, income and financial information as required under the District’s Conflict of Interest Code and the provisions of the Fair Political Practices Act and Regulations. • A Board member will not recommend the employment of a relative to the District or to any person known by the Board member to be bidding for or negotiating a contract with the District. Board Member-General Manager Relationship The Board of Directors provides legislative direction, sets District policy, and provides instruction to the General Manager on matters within the authority of the Board by majority vote of the Board during properly noticed and convened Board and Board Committee meetings. The General Manager serves as the District’s chief executive officer and is responsible for directing the day-to-day operations of the District. The Board nor its members shall not give orders to any subordinate of the General Manager, either publicly or privately and shall not interfere with the General Manager’s execution of his or her powers or duties. General Conduct Members shall: • Treat each other, members of District staff, members of the public, etc. with courtesy and refrain from inappropriate behavior and derogatory comments; • Be fair, impartial, and unbiased when voting on Board actions; • Preserve order and decorum during public meetings; Board Policy 6.07 Page 3 of 3 • Not delay or interrupt the proceedings of the Board of Directors and respect other members’ opportunity to speak; • Support the policies and procedures established by the Board of Directors; • Value the time of other Board members, District staff, and members of the public; • Attempt to build consensus on an item before the Board of Directors through an opportunity for dialogue, but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority; • Have the right to dissent from, protest, or comment upon any action of the Board of Directors; • Avoid offensive negative comments and shall practice civility and decorum during discussion and debate; and • Assist the Board President’s exercise of his/her affirmative duty to maintain order. Compliance and Enforcement Review of this Code of Conduct and the standards contained herein shall be included in the regular orientation for Board of Director candidates. Board members entering office and upon reelection to that office, shall sign a Personal Code of Conduct acknowledging their receipt of this Code of Conduct and commit to comply with its provisions. A perceived violation of the Board of Directors’ Code of Conduct by a Board member should be referred to the Board President for investigation and consideration of any appropriate action warranted. In the case of a perceived violation by the Board President, the matter should be referred to the Board Vice President. A violation of this policy may be addressed by remedies available by law, including but not limited to: • Adopting a resolution expressing disapproval of the conduct of the Board member who has violated this policy; • Injunctive relief; or • Referral of the violation to the District Attorney and/or the Grand Jury. Midpeninsula Regional Open Space District Board Policy Manual Guidelines for Board-Staff Working Relationships Policy 2.01 Chapter 2 – District Personnel & Board Support Effective Date: 11/20/91 Revised Date: Approved by Board Action: Prior Versions: 11/20/91, 4/9/92, 1/11/93, 8/26/93, 2/14/96, 4/9/97, 1/28/98, 10/25/04, 1/28/09, 11/13/13 Purpose To set forth the guidelines and procedures for working relationships between District staff and the District’s Board of Directors. The Board of Directors is the policy-making body of the District, while the General Manager is the administrative head of the agency under direction of the Board of Directors. Policy Neither the Board President nor Board of Directors is authorized to give direct orders or instructions to any subordinates of the General Manager. The Board members are to interact with the District’s administrative departments through the General Manager. Any information requested by any Board member shall be sent to all Board members, as appropriate. Board member Inquiries and Requests for Information A. General Board communications with District staff should be limited to normal District business hours unless the circumstances warrant otherwise. Responses to Board member questions posed outside of normal business hours should be expected no earlier than the next business day. A request for information, records, written work or analysis by District staff with support work of up to one (1) hour will be provided. Requests over one hour must be approved by the Board at a future Board meeting. If an individual Board member suggests that staff time be spent on a project not previously approved by the Board, he/she will contact the General Manager. The General Manager will then make an initial assessment of the project, evaluating its consistency with established goals and policies, effects on other projects, and availability of staff and financial resources, including the approximate amount of staff time required to complete the assignment. The General Manager will then communicate the information to the Board and obtain Board majority approval prior to proceeding with more in-depth assessment or proceeding with the project. The General Manager can authorize a deviation from this policy if he/she determines that the request needs to be filled before the Board next meets. 1. Board members may go to any staff member for information. If information request requires more than minimal staff time, the request should be made to the General Manager or Department Manager who shall confer with the General Manager. 2. Board members are encouraged to give staff sufficient lead time to fulfill Board requests and to put important requests in writing. B. Routine Requests for Information and Inquiries. Board members may contact staff directly for information made readily available to the general public on a regular basis by District staff (e.g., “What is a specific preserve’s hours of operation?”) or “How does one request a permit for camping at Black Mountain?”. Under these circumstances staff shall treat the Board member no differently than they would the general public, and the Board member shall not use their elected status to secure preferential treatment. The General Manager generally does not need to be advised of such contacts. C. Non-Routine Requests for Readily Available Information. Board members may also contact staff directly for easily retrievable information not routinely requested by the general public so long as it does not require staff to discuss the issue or express an opinion (e.g., “How many permits were issued for Black Mountain this year?” or “Under what circumstances does the District lower its flags to half mast?”). The General Manager generally does not need to be advised of such contacts. D. Non-routine Requests Requiring Special Effort. If an individual Board member suggests that staff time be spent on a project not previously approved by the Board, he/she will contact the General Manager. The General Manager will then make an initial assessment of the project, evaluating its consistency with established goals and policies, effects on other projects, and availability of staff and financial resources including the . approximate amount of staff time required to complete the assignment. The General Manager will then communicate the information to the Board and obtain Board majority approval prior to proceeding with more in-depth assessment taking more than one hour of staff time, or proceeding with the project. Responses to such requests shall be copied to all Board members, the General Manager, the General Counsel as appropriate, and affected Department Managers. E. Questions Regarding Board Reports. Where possible, Board members should forward any questions regarding staff Board reports to the General Manager and District Clerk at least 36 hours in advance of the Board meeting for which that item is agendized. Questions should be limited to those needed for the Board member to make a decision on the recommendation(s) in the Board report. All responses shall be provided to all Board members, General Counsel, and members of the public. Questions received less than 36 hours prior to a Board meeting may be responded to at the Board meeting. During Board meetings, any questions from Board members having to do with non-agenda items shall be directed to the General Manager for follow-up. F. Meeting Requests. Any Board member request for a meeting with staff must be directed to the Board’s appointees. When in doubt about the appropriateness of a communication with staff, Board members shall ask the General Manager for advice. 3. Information (except trail conditions) provided from a Board member to staff should be routed through individual Department Managers or the General Manager. 4. If an individual Board member suggests that staff time be spent on a project not previously approved by the Board, he/she will contact the General Manager. The General Manager will then make an initial assessment of the project, evaluating its consistency with established goals and policies, effects on other projects, and availability of staff and financial resources. The General Manager will then communicate the information to the Board and obtain Board approval prior to proceeding with more in-depth assessment or proceeding with the project. 5. Management reports and recommendations to the Board should present areas of potential controversy and concern. 6. Board members and management will endeavor not to surprise each other with important information; if a Board member wants additional information or documentation on an agenda item, the Board member is encouraged to contact the General Manager before the Board meeting. 7. Staff will actively support and implement Board decisions. 8. The administration of the District is the responsibility of the General Manager. The General Manager will advise Board members when he/she feels that any Board member is attempting to direct the administration of the District. 9. Any Board member will advise the General Manager when he/she feels staff is attempting to direct or set Board policy. 10. Management team and the Board will set a positive example of Board-staff relations for public and staff. 11. Board members and staff will respect each other’s personal time. 12. Volunteer Related Interactions Board members may serve in District volunteer programs under the same terms and conditions as any member of the volunteering public. When volunteering, they agree to conduct themselves as would any other member of the volunteering public. They will accept all direction from staff members organizing the volunteer activity. Staff conducting volunteer activities will treat Board members as they would any other volunteer, and will bring any difficulties to the Department Manager or General Manager for resolution. B. Public Related Interactions 1. Board members shall treat staff professionally and will refrain from publicly reproving staff members. Any concerns about employee performance should be discussed privately with the General Manager. 2. The Board shall not prohibit public criticism of its policies, procedures, programs or services, but shall request members of the public to refrain from personal attacks upon individual staff members. 3. District staff shall acknowledge the Board as having the final authority to make policy decisions. The Board of Directors shall acknowledge staff as implementing and administering the Board’s policies through the General Manager. Midpeninsula Regional Open Space District Board Policy Manual Board Correspondence Policy 1.05 Chapter 1 – Administration & Government Effective Date: Revised Date: Prior Versions: 11/13/13 Purpose So that the public may perceive that any correspondence or forms of recognition from the Board President or Board of Directors have the support of a majority of the Board of Directors, it is necessary to establish guidelines for the issuance of correspondence and forms of recognition. Policy Written Communications (Consent Item) The District Clerk is authorized to receive and open all mail (including E-Mail) addressed to the Board of Directors from members of the public. Any such Wwritten Ccommunication addressed to the Board shall be reproduced and distributed in the next regular mailing to the provided to all Board members and to members of the press and public who have requested supporting materials as soon as possible. The Board shall consider the recommendation of tThe General Manager and shall determine whether a written communication shall will be placed on the agenda in accordance with the procedures of Section 1.30this policy, considered in connection with an item already on the agenda, and/or referred to a committee for action, a Director or staff for simple acknowledgement, response or draft response, or shall determine that an adequate response has been made. A written communication addressed to an individual Director may, at the discretion of the individual Director, be considered a personal letter, a written communication or may be relayed to the members of the Board as an informational item. Procedures for Handling Board Correspondence a. Board President Signing on Behalf of the Board The Board President will sign all letters sent on behalf of the Board of Directors. Routine letters from the Board President, or designee in his/her absence, do not need to be listed as consent items on the Board agenda. Such letters shall include: 1. Thank you letters to individuals or organizations for involvement in events or activities that benefit the District 2. Letters of recognition or appreciation in honor of distinctive service to the District, such as those sent to District volunteers or staff b. Written Correspondence Regarding Established Policy or Request for New Policy The General Manager shall make the determination if a written correspondence received from a member of the public is related to Board policy or general administration of the District. 1. When a written communication is regardinginvolves the enforcement of previously set Board policy or established procedures of the District, the communication is directed to the appropriate department for response by staff. A copy of the response will be distributed to the Board. 1.2. CorrespondenceWhen a written communication that involves a request to change Board policy, a new policy direction or future Board action, it shall be referred to the appropriate department for review and response. The correspondence and draft response shall be included on the Board Agenda under “Written Communications” for review and approval by the Board. Draft replies to Written Communications which have not been considered by the Board may be submitted and labeled as follows: “Draft Response prepared by Staff.” Any member of the Board may request that such written communication be placed on the agenda as an emergency item in accordance with Section 1.30 for consideration by the Board. c. Written Correspondence Related to Agenda Items Written communications directly related to an item on the agenda will be accepted for distribution up to 3:00 p.m. on the day of the meeting. Written communications directly related to an item on the agenda but received after 3:00 p.m. on the day of a meeting must be accompanied by thirty copies for distribution in order to be considered by the Board as written communication at the meeting.Correspondence related to an item on the agenda may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. Correspondence received after distribution of the agenda packet shall be provided to Board members and members of the public at the Board meeting. Acknowledgement or response is optional. d. Written Correspondence at Board Meetings Members of the public may read Written Communications into the District’s record during Oral Communications at a regular meeting and offer explanations of any such document. The presiding member of the Board may limit presentations of the speakers, including the reading of a written communication, to three minutes. Acknowledgement or response is optional. Written communications received at a regular Board meeting shall be reproduced and distributed to absent Board members and to members of the press who have requested supporting materials no later than the next regular mailing to the Boardmaintained with the official records of the District for that Board meeting. e. Distribution of Written Correspondence Written communications which are distributed to the Board at a time other than a regular mailing shall be distributed to members of the press who have requested supporting materials. within two working days of when they are sent to the Board. f. Written Correspondence with Large Attachments Written communications accompanied by an extraordinary quantity of attachments may, at the discretion of the General Manager, be duplicated and distributed with some or all the attachments excluded. The General Manager shall note on the written communication or in an accompanying memorandum that the entire written communication, including attachments is available at the District office for public review. The General Manager shall determine the most appropriate method for presenting the attachments to the Board of Directors. Copies of the excluded attachments will be made available on the same basis as any other public record. a. All written communications, unless they relate to an item on the agenda, must be received no later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. If, in the opinion of the General Manager, a written communication should not be distributed with the agenda and supporting materials without a draft response, which has yet to be prepared, the written communication may be distributed later, but no later than at the forthcoming Board meeting. Written communications not directly related to an item on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting if, in the opinion of the General Manager, time is of the essence for consideration of the written communication by the Board. Communications to the Public from Individual Directors Any written or oral communication from a Director to the public or Board, or other agencies or organizations in any way related to the Director’s capacity as an elected District official shall be distributed to the Board as a public informational item by the Director unless it is made clear in the communication that the communication is the opinion of the individual Director and not a Board position the opinion of the District or Board of Directors as a whole, unless the Board has approved the communication in advance. Board Meeting 15-22 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Wednesday, August 26, 2015 DRAFT MINUTES STUDY SESSION ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Yoriko Kishimoto, and Curt Riffle Members Absent: Cecily Harris and Pete Siemens Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Public Affairs Manager Shelly Lewis, and District Clerk Jennifer Woodworth Vice President Kishimoto called the meeting to order at 5:31 p.m. Director Siemens arrived at 5:35 p.m. General Manager Steve Abbors provided comments commending Director Hanko for her leadership and commitment to the District. Oral Historian Laura McCreery spoke regarding the oral history project and presented the oral history volume to Director Hanko. Director Hanko shared memories regarding the founding of the District and other open space districts formed during the same time period. Director Hanko thanked her fellow Board members and District staff past and present for their dedication to preserving open space. Director Harris arrived at 5:50 p.m. The Board recessed at 5:49 p.m. and reconvened at 6:03 p.m. with all Directors present. CLOSED SESSION The Board of Directors convened into closed session at 6:05 p.m. in the Long Ridge Conference Room. Meeting 15-22 Page 2 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Santa Clara County APN: 562-22-041 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Catherine Meyers Under Negotiation: Terms of real property transaction ADJOURNMENT President Siemens adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:54 p.m. REGULAR MEETING CALL TO ORDER President Siemens called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:01 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, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Planning Manager Jane Mark, Senior Planner Meredith Manning, Natural Resources Manager Kirk Lenington, Real Property Manager Mike Williams, Senior Real Property Agent Elaina Cuzick, Human Resources Supervisor Candice Basnight, and District Clerk Jennifer Woodworth President Siemens reported the Board met in closed session, and no reportable action was taken. Senior Real Property Agent Allen Ishibashi introduced Capital Project Manager Damon Adlao. ORAL COMMUNICATIONS Lester Earnest, resident of Los Altos, spoke against preservation of the Mt. Umunhum Radar Tower. Bob Wallace spoke in favor of creation of a kiosk at Mt. Umunhum to provide information on the historic nature of the Mt. Umunhum site. Mr. Wallace also spoke in favor of creating a historic document to document the real history site. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda. Meeting 15-22 Page 3 VOTE: 7-0-0 CONSENT CALENDAR Director Hanko pulled item 3 from the Consent Calendar. 1. Approve August 12, 2015 Board Meeting Minutes. 2. Approve Claims Report 3. Contract Award for Habitability/Safety Improvements and Rodent Abatement at the Tenant Residence at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve (R-15-111) General Manager’s Recommendation: Authorize the General Manager to enter into a contract with Belz Construction, Inc., of Orangevale, CA, for a not-to-exceed amount of $176,000, which includes the base bid amount of $153,000 and a 15% contingency amount of $23,000, to complete habitability/safety improvements and rodent abatement at the tenant residence located at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve. Item 3 was heard after Item 8. Director Riffle inquired if rodenticide would be used at the residence. Senior Real Property Agent Elaina Cuzick explained that no rodenticide will be used. Abatement will be accomplished by sealing holes in the residence and utilizing traps. Director Harris expressed her concerns regarding the costs of repairing and long-term maintenance as compared to demolition of the structure. Director Hassett expressed his concerns regarding the timeline for repairing the structure and the cost of the contract. Real Property Manager Mike Williams provided comments regarding the delays to this project including the property being “red-tagged” by the county requiring completion of a staging area and water and road improvements. Public comments opened at 7:54 p.m. No speakers present. Public comments closed at 7:54 p.m. Motion: Director Riffle moved and Director Hassett seconded the motion to approve Item 3. VOTE: 6-1-0 (Director Harris opposed.) 4. Amend Contract with Balance Hydrologics, Inc. (R-15-113) Meeting 15-22 Page 4 General Manager’s Recommendation: Approve a contract amendment with Balance Hydrologics Inc., increasing the contract by $39,840, for a total amount not to exceed $64,840 to continue and expand the Water Resources Inventory Study underway at the Bear Creek Redwoods Open Space Preserve. 5. Amendment to the Information Systems and Technology Strategic Plan Contract (R-15-122) General Manager’s Recommendation: Authorize the General Manager to amend the existing agreement with ClientFirst Consulting Group to increase the agreement amount by $17,050 for a total not to exceed amount of $78,522, for network switch upgrades and migration of group calendars from Exchange 2003 to Exchange 2010. 6. Approval of Temporary Information Technology Staffing (R-15-123) General Manager’s Recommendation: Authorize temporary staffing from Robert Half Technology for a not-to-exceed amount of $70,000 to provide Information Technology support. 7. Grazing Tenant Selection for Mindego Ranch (R-15-114) General Manager’s Recommendation: Authorize the General Manager to execute a long term Grazing Lease with Bar DX Livestock (Ronnie and Bartley Seever) for the Mindego Hill Grazing Unit of Russian Ridge Open Space Preserve. Motion: Director Cyr moved and Director Harris seconded the motion to adopt the Consent Calendar, with the exception of Item 3. VOTE: 7-0-0 BOARD BUSINESS 8. Amend the District’s Classification and Compensation Plan (R-15-124) Human Resources Supervisor Candice Basnight summarized the classifications for each of the three proposed positions. Ms. Basnight explained the positions were included in the Financial and Operational Sustainability Model Study and approved as part of the FY2015-16 budget. Finally, Ms. Basnight explained that upon approval by the Board of Directors, staff will begin recruitment with the plan to have the positions filled by the end of 2015 or early 2016. Members of the Board inquired regarding the reporting structure of the Chief Financial Officer/Administrative Services Director and Engineering and Construction Department Manager positions. Ms. Basnight provided additional information regarding the organizational structure. Public comments opened at 7:28 p.m. No speakers present. Meeting 15-22 Page 5 Public comments closed at 7:28 p.m. Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt a resolution adding the following three new classifications to the District’s Classification and Compensation Plan: Chief Financial Officer/Administrative Services Director, Engineering and Construction Department Manager, and Information Systems and Technology Manager. The classification for the Chief Financial Officer/Administrative Services Director shall be amended to state that the position will receive direction from the General Manager but will work with the District Controller. VOTE: 7-0-0 8. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Manager (R-15-128) Public comments opened at 7:56 p.m. No speakers present. Public comments closed at 7:56 p.m. Motion: Director Hassett moved, and Director Hanko seconded the motion to approve a resolution approving the following compensation adjustments for the General Manager for Fiscal Year 2015-16: Adjust the General Manager’s base salary upward to $235,792, plus a one-time bonus of $10,816 and authorizing the Board President to execute a revised Board Appointee Employment Agreement. VOTE: 6-0-1 (Director Riffle abstained.) 9. Final Design Development Options for the Mount Umunhum Summit Project (Options Do Not Include Recommendations for the Radar Tower) (R-15-126) Senior Planner Meredith Manning summarized the project to date and proposed next steps. Mr. Manning introduced Rich Walkling of Restoration Design Group. Mr. Walkling provided an overview of the three options presented to the Planning and Natural Resources Committee. Mr. Walkling described the preferred option schematic design and provided additional explanations and descriptions of the individual structures and proposed elements of this design, including ADA parking, trailhead shade structures, summit stair, etc. Director Kishimoto inquired regarding restoration of native plants and other species to the site. Ms. Manning explained the restoration plans will largely depend on the chosen design development. Director Harris inquired regarding the terrace area and future uses for this area of the summit, included permitted star gazing groups. Ms. Manning stated this type of use was analyzed during the environmental review process and could be allowed at a future time. Meeting 15-22 Page 6 Director Harris expressed her concerns regarding the lack of trash cans at the site. Directors Hanko and Riffle provided comments regarding holding large public events at the site. Mr. Abbors stated that the approved environmental documents would need to be reviewed to determine if these types of events are allowed. Public comments opened at 9:13 p.m. Bob Wallace inquired when members of the public would be able to access the site and when water would be available at the site. David Leeson resident on Mt. Umunhum spoke regarding the fire hazard of the site and water access on the mountain. Mr. Leeson also provided comments regarding sound and lights at the site during large events and the need for sun and wind protection at the summit. Basim Jaber provided comments regarding the need for shade at the site. Jack Nateau provided comments requesting the railing design for the summit stair be developed to provide additional safety measures. Barbara Leeson spoke in support of the proposed summit stair. Kevin Mankin spoke in support of a loop trail around the summit area to take advantage of the views. Public comments closed at 9:24 p.m. Director Hassett spoke regarding the need for trash cans at the site stating that other District Preserves do not have trash cans without problem. Motion: Director Hassett moved, and Director Hanko seconded the motion to confirm the Planning and Natural Resources Committee’s recommendation for a mid-level option (Preferred Option), and direct staff to proceed with final design development and production of construction documents, which will form the basis for permit submittals and a Request for Bids package. The Board further directed staff to look for areas for additional shade structures at the summit. VOTE: 7-0-0 INFORMATIONAL REPORTS A. Committee Reports No committee reports. B. Staff Reports Meeting 15-22 Page 7 Assistant General Manager Ana Ruiz reported she, District staff, and members of the Board will be going to the San Mateo County Board of Supervisors meeting on Tuesday to receive a grant of Measure A funds for the Ravenswood Bay Trail. Assistant General Manager Kevin Woodhouse reported on the implementation of the Financial and Operational Sustainability Plan and reported Don Weden will be presenting to the Board at its Study Session on December 9, 2015. Real Property Manager Mike Williams reported he will be meeting with Sean Sears from Vida Verde on September 17, 2015 to discuss possible usage of the home on the Driscoll property. General Manager Steve Abbors reported he spoke with the Santa Cruz County Board of Supervisors regarding the District’s organization as that county is considering creation of an open space district. Mr. Abbors reported he also gave several media interviews regarding Mt. Umunhum. C. Director Reports The Board members submitted their compensatory reports. Director Riffle reported he attended a meeting with District staff and Jose Gonzalez of Latino Outdoors to discuss ways to better connect with Latino population in the region. ADJOURNMENT President Siemens adjourned the regular meeting at 9:49 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk page 1 of 3 CLAIMS REPORT MEETING 15-23 DATE 09-09-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount WIRE MAA bond funds OLD REPUBLIC TITLE Purchase of Myers Property (pending Board approval)09/02/2015 1,190,000.00 70234 11502 - HALF MOON BAY GRADING & PAVING INC.Driscoll Ranch roads sediment reduction & pond restoration project - LHC 09/02/2015 145,181.20 70202 *10215 - CALPERS-FISCAL SERVICES DIVISION Health Insurance Customer ID 2857159579 09/01/2015 136,350.03 70213 10205 - CALIFORNIA JPIA All Risk Property Insurance Program FY 15-16 09/02/2015 64,923.00 Sanders settlement reimburs to CalJPIA/Carl Warr - Arcadis claim at ECdM 70247 11523 - PGA DESIGN, INC.Alma College Site Planning Project - BCR 09/02/2015 29,043.00 70251 10094 - RESTORATION DESIGN GROUP Mt Um Summit Area Design Work - SAU 09/02/2015 26,786.70 70249 11518 - RANCHING BY NATURE Harrington and La Honda Creek cattle exclusion fences 09/02/2015 16,857.50 70245 10665 - PAVEMENT ENGINEERING INC Mt Um Road Project - July 2015 Design and Engineering Work - SAU 09/02/2015 16,586.00 70226 11354 - ENVIRONMENTAL SCIENCE ASSOCIATES Stevens Creek Trail Bridges Project - MB 09/02/2015 15,350.00 70236 10494 - HEDGEROW FARMS Resource Management -Seed SFO General/ECdM/Driscoll Ranch 09/02/2015 14,279.43 70189 10350 - VALBRIDGE PROPERTY ADVISORS Appraisal to determine fair rental values for rental residences 08/26/2015 14,200.00 Conservation easement appraisal (Vida Verde) Apple Orchard -LHC 70200 *11152 - WELLINGTON PARK INVESTORS AO2/AO3 Rent - September 08/31/2015 14,089.00 70205 11230 - SANTA CLARA COUNTY-C/O UNITED ADMINISTRATIVE SERVI Dental Insurance - Group #1766-0006 09/01/2015 12,103.08 70217 11537 - CLIENTFIRST TECHNOLOGY CONSULTING Information Systems and Technology Strategic Plan project 09/02/2015 10,505.00 70246 *10180 - PG & E Electricity/gas 08/15 09/02/2015 9,729.70 70192 *10702 - BARBARA S BERGMAN TRUST Interest payment qtr ended 8/31/2015 - Bergman Property 08/28/2015 8,500.00 70182 10578 - OLD REPUBLIC TITLE CO Escrow fees for Apple Orchard & Event Center properties - LHC 08/26/2015 7,995.00 70238 10452 - IFLAND SURVEY Mt.Umunhum Road record of survey - SA 09/02/2015 7,507.00 70255 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender false brome treatment 09/02/2015 6,277.92 70211 10826 - BARTEL ASSOCIATES, LLC 2015 GASB 45 OPEB Valuation 09/02/2015 5,446.50 70206 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY MPOSD-BL-490450 AD&D/LIFE/LTD 09/01/2015 5,019.70 70241 10775 - NEW WORLD SYSTEMS New World System (IAFS) Conference fees - Chan/Drayson/Kneier/09/02/2015 4,769.83 70163 10218 - EDD Unemployment Insurance L1859949248/L0825640640 08/22/2015 4,272.17 70253 11552 - ROBERT HALF TECHNOLOGY Temporary IT Staffing 09/02/2015 3,422.40 70220 11318 - CONFLUENCE RESTORATION Bald Mtn Staging (SAU)/Mindego Gateway (RR) Vegetation Maintenance 09/02/2015 3,309.50 70228 10729 - FIRST AMERICAN TITLE COMPANY Litigation guarantee - Rosetta property 09/02/2015 3,283.00 70224 10654 - DUTRA MATERIALS Roads and Trails -EcDM 09/02/2015 2,583.34 70204 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 09/01/2015 2,377.94 70172 10463 - DELL BUSINESS CREDIT Purchase 3x Notebook Computers (Latitude E7450) 08/26/2015 2,371.56 70235 11489 - HARO KASUNICH & ASSOCIATES INC.Geotechnical services at Driscoll Ranch roads - LHC 09/02/2015 2,355.00 70222 10027 - CRESCO EQUIPMENT RENTALS Road and Trails -Tractor Rental -CM 09/02/2015 2,187.00 70165 11525 - ARCHITECTURE+HISTORY, LLC Historic structures report for Apple Orchard - LHC 08/26/2015 2,074.00 70179 10455 - HUGG, IANTHINA Reimbursement - Office Furniture/Storage Cabinets for Public Affairs 08/26/2015 2,017.59 70186 11413 - SIERRA CLUB LOMA PRIETA CHAPTER Event Sponsorship: Coast Redwood Guardian - Sierra Club Event 08/26/2015 2,000.00 70188 *10583 - TELEPACIFIC COMMUNICATIONS District Telephone & SAO Internet (08/2015)08/26/2015 1,935.64 70195 *10032 - DEL REY BUILDING MAINTENANCE Admin Office janitorial services - August 08/31/2015 1,815.00 70169 10352 - CMK AUTOMOTIVE INC P81/P105/M42/M76 Service / Repair 08/26/2015 1,671.38 70203 *10212 - PINNACLE TOWERS INC Tower rental - Crown site id 871823 09/01/2015 1,600.20 70261 10046 - TERRACON CONSULTANTS, INC.Mindego Ranch Demolition Project - RR 09/02/2015 1,510.75 70207 *11003 - UNITED ADMINISTRATIVE SERVICES GLUG-45Y5 Basic/Supplemental Life Insurance 09/01/2015 1,491.09 page 2 of 3 CLAIMS REPORT MEETING 15-23 DATE 09-09-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70187 10143 - SUMMIT UNIFORMS New employee uniform items/Midpen ball caps 08/26/2015 1,380.02 70232 *11551 - GREEN TEAM OF SAN JOSE Garbage Service SAO/ES/RSA 09/02/2015 1,378.16 70178 10642 - HMS INC Air sampling of hazardous materials - WH 08/26/2015 1,250.00 70219 10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 09/02/2015 1,172.00 70181 10125 - MOFFETT SUPPLY COMPANY INC Preserve Restroom Supplies -SFO 08/26/2015 1,141.24 70208 10213 - VISION SERVICE PLAN-CA Vision Premium 00 106067 0010 - Insurance 09/01/2015 1,109.92 70191 11176 - ZORO TOOLS TOOLS/FIRE EXTINGUISHER CABINET -SFO 08/26/2015 1,073.73 70259 10585 - SOL'S MOBILE AUTO & TRUCK REPAIR, INC.Vehicle Maintenance and Repairs -SFO 09/02/2015 905.46 70177 11195 - GOODYEAR AUTO SERVICE CENTER Vehicle Maintenance and Repairs -SFO 08/26/2015 898.60 70184 11479 - ROOTID Website Maintenance 08/26/2015 823.50 70173 11151 - FASTENAL COMPANY Field Supplies 08/26/2015 740.79 70230 10187 - GARDENLAND POWER EQUIPMENT P86 Pumper Repair 09/02/2015 616.49 70225 11549 - EMSL ANALYTICAL, INC Air Sample Testing (for Silica & respirable dust) - SA 09/02/2015 516.00 70164 10001 - AARON'S SEPTIC TANK SERVICE Pump Septic Tank for Mindego Demolition- RR 08/26/2015 475.00 70210 11538 - APPLIED MATERIALS AND ENGINEERING Mt Um Interim Tower Repairs - Welding Inspections - SAU 09/02/2015 426.00 70212 10122 - BECK'S SHOES Uniform boots 09/02/2015 403.93 70209 11322 - AMERMEX UPGRADES AO Light Repair Ballast Replacement 09/02/2015 385.00 70190 11209 - ZICH, JANET Copy & edit/proof for Spring & Fall newsletters 08/26/2015 350.00 70183 10261 - PROTECTION ONE AO Additional Alarm Equipment 08/26/2015 331.56 70258 10948 - SERVICEWEAR APPAREL, INC.Uniform Items 09/02/2015 317.04 70229 10169 - FOSTER BROTHERS SECURITY SYSTEMS Sesame Locks -SFO 09/02/2015 306.10 70167 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water service for Rental Residences 08/26/2015 305.81 70194 *10029 - CURT RIFFLE August Director meetings 08/31/2015 300.00 70196 *10050 - JED CYR August Director meetings 08/31/2015 300.00 70197 *10057 - LARRY HASSETT August Director meetings 08/31/2015 300.00 70262 10201 - TURF & INDUSTRIAL EQUIP CO Vehicle Maintenance and Repairs -SFO 09/02/2015 275.14 70223 10032 - DEL REY BUILDING MAINTENANCE Janitorial Supplies 09/02/2015 229.38 70170 10336 - CORREIA, ANTHONY Tuition Reimbursement 08/26/2015 228.00 70240 10058 - LIEBERT CASSIDY WHITMORE 2015 Negotiations - HR Consulting 09/02/2015 227.50 70233 10173 - GREEN WASTE Weekly Garbage and Recycling -SFO 09/02/2015 223.40 70218 10352 - CMK AUTOMOTIVE INC P97/M210 Service 09/02/2015 219.42 70215 *10454 - CALIFORNIA WATER SERVICE CO-949 AO Water 09/02/2015 215.87 70256 11075 - SANTA CLARA COUNTY - DEPT OF ENVIRONMENTAL HEALTH Haz Mat Permit - FFO 09/02/2015 215.00 70221 10184 - CONTINUING EDUCATION OF THE BAR Subscription CA Real Property Remedies/Damages UP 15 RE33445 09/02/2015 204.72 70193 *10018 - CECILY HARRIS August Director meetings 08/31/2015 200.00 70198 *10072 - NONETTE HANKO August Director meetings 08/31/2015 200.00 70199 *10084 - PETE SIEMENS August Director meetings 08/31/2015 200.00 70201 *10118 - YORIKO KISHIMOTO August Director meetings 08/31/2015 200.00 70231 10655 - GRANDVIEW/ESPINOSA ROAD FUND Grandview/Espinosa Road Maitenance Agreement Dues-TW 09/02/2015 200.00 70239 11326 - LEXISNEXIS MATTHEW BENDER Subscription-Online Service August 2015 09/02/2015 183.34 70263 *10309 - VERIZON WIRELESS Cell Phone Service 09/02/2015 126.34 70174 10174 - FORESTRY SUPPLIERS INC Uniform Items - Hard hats 08/26/2015 111.46 page 3 of 3 CLAIMS REPORT MEETING 15-23 DATE 09-09-2015 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 70237 10421 - ID PLUS INC Name tags 09/02/2015 100.50 70176 10187 - GARDENLAND POWER EQUIPMENT Bar Oil for Chainsaws -SFO 08/26/2015 97.94 70166 10273 - BRUCE BARTON PUMP SERVICE INC Well Control Box 08/26/2015 81.78 70168 10170 - CASCADE FIRE EQUIPMENT COMPANY Equipment Repair Parts -SFO 08/26/2015 80.17 70243 10481 - PACIFIC TELEMANAGEMENT SERVICE Monthly Utility, PAY PHONE-MB 09/02/2015 78.00 70185 11108 - SAN MATEO COUNTY Hazardous Waste Disposal -SFO 08/26/2015 65.80 70227 10186 - FEDERAL EXPRESS Shipping charges 09/02/2015 64.17 70244 10925 - PAPE` MACHINERY Tractor Parts 09/02/2015 55.99 70214 *10172 - CALIFORNIA WATER SERVICE CO-3525 Monthly water - WH 09/02/2015 53.10 70252 11426 - RIDGE WIRELESS INC.FFO Internet Access 09/02/2015 50.00 70254 11054 - SAN MATEO COUNTY HUMAN RESOURCES DEPARTMENT MS Office 2010 Upgrade 09/02/2015 50.00 70171 10540 - CRAFTSMEN PRINTING Printing of business cards: Cifelli 08/26/2015 48.94 70260 10302 - STEVENS CREEK QUARRY INC Base Rock (SA)09/02/2015 35.44 70175 10169 - FOSTER BROTHERS SECURITY SYSTEMS Duplication of Keys 08/26/2015 32.63 70250 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)09/02/2015 26.25 70216 *10192 - CITY OF PALO ALTO UTILITIES Water Meter -MB 09/02/2015 20.00 70257 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan background checks for HR Dept 09/02/2015 20.00 70180 10051 - JIM DAVIS AUTOMOTIVE P105 Tire Repair 08/26/2015 17.50 70242 10670 - O'REILLY AUTO PARTS Vehicle Maintenance and Repairs -SFO 09/02/2015 13.31 70248 11204 - PORTOLA VALLEY HARDWARE Field Supplies 09/02/2015 3.87 1,825,438.46 BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office FO = Fremont Older PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill R-15-130 Meeting 15-23 September 9, 2015 AGENDA ITEM 3 AGENDA ITEM Naming of Commemorative Site for Herb Grench at Windy Hill Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS Approve the General Manager’s recommendation to name an overlook, install a standard bench and plaque, and dedicate an unnamed trail segment at Windy Hill Open Space Preserve in honor of Herb Grench, the Midpeninsula Regional Open Space District’s (District) first General Manager who served from 1973-1993. SUMMARY At their July 1, 2015 meeting, the Legislative, Funding, and Public Affairs Committee (LFPAC) recommended forwarding to the full Board of Directors a special recognition for Herb Grench, the District’s first General Manager, in the form of a named overlook area, trail segment, bench, and honorary plaque atop one of the knolls at Windy Hill Open Space Preserve. The cost of approximately $11,500 for the commemorative items would be shared with Peninsula Open Space Trust (POST). The FY2015-16 Budget includes sufficient savings to cover the associated expenditures. DISCUSSION In 1973, not long after the formation of the District, Herb Grench became its first General Manager. Mr. Grench was a former Lockheed manager, Palo Alto Planning Commission member, and a leader in the local Audubon Society and Committee for Green Foothills prior to serving as the District’s first General Manager. Mr. Grench established the District’s headquarters, developed the Basic Policy and Master Plan, collected a modest property tax, hired staff, and began buying land for open space within just a few years. Under his tenure as the District’s General Manager, he preserved 30,000 acres of open space on 25 regional preserves. In a former newsletter article, Mr. Grench stated that aside from preserving open space land, his greatest accomplishment while at the District was conceiving the Peninsula Open Space Trust (POST) in 1977, which, since that time, has been instrumental in not only saving over 70,000 acres of land, but also in building important public, political, and landowner support for open space protection far beyond District boundaries. Because of Mr. Grench’s involvement in the creation of POST, Windy Hill Open Space Preserve was chosen as the location for a dedication. This preserve was the first joint project between the R-15-130 Page 2 District and POST, and its popularity is a testament to the work and vision of this former General Manager. From the Board Policy 5.01 Site Naming and Special Recognition, the LFPAC agreed that this special recognition is in accordance with District policy. Prior to moving the recommendation to the full Board of Directors, the LFPAC asked General Manager Steve Abbors to contact Mr. Grench and ask him how he felt about a possible recognition. Mr. Grench indicated that he was flattered and agreed with the location. FISCAL IMPACT The material and construction cost of the recommended actions will be approximately $11,500. POST has agreed to contribute approximately 50% of the cost. This item would be paid for from existing savings in the FY2015-16 Budget. BOARD COMMITTEE REVIEW This item was reviewed by the Legislative, Funding and Public Affairs Committee on July 1, 2015. PUBLIC NOTICE Public notice was provided as required by the Brown Act CEQA COMPLIANCE Section 15301 of the California Environmental Quality Act exempts the minor alteration of existing public structures or facilities, involving negligible or no expansion of existing use. The bench installation would be a minor alteration to an existing trail. The trail and knoll naming are not projects subject to the California Environmental Quality Act. NEXT STEPS Upon approval by the Board of Directors, staff will begin the fabrication of a plaque and signage and install a standard District bench. Public Affairs staff will hold a dedication event during the month of October. Attachments: 1. Board Policy 5.01 Site Naming, Gift and Special Recognition 2. Site map and photos Responsible Department Head: Ana Ruiz, Assistant General Manager Prepared by: Shelly Lewis, Public Affairs Manager Midpeninsula Regional Open Space District Board Policy Manual Site Naming, Gift, and Special Recognition Policy 5.01 Chapter 5 – Historical/Cultural Effective Date: 8/25/93 Revised Date: 11/13/13 Prior Versions: 8/25/93, 9/14/94, 6/24/98, 9/12/01, 10/8/08, 1/13/10, 10/27/10 Board Policy 5.01 Page 1 of 4 I. SITE NAMING All District site names and signs should be kept as simple and functional as possible. When a property is acquired, either as an addition to an existing preserve or for the establishment of a new preserve, a name will be recommended in the Preliminary Use and Management Plan. In most cases, "open space preserve" is appropriate as part of the name; however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the next Comprehensive Use and Management Plan review. A. Open Space Preserves The name given to each open space preserve should be general enough to remain suitable if the site is enlarged, but specific enough to give its location some significance. Properties added to an open space preserve may not always be contiguous with that preserve. 1. Preserves shall be named after: a) Geographical features of broad, general significance to the preserve; b) Historical persons, cultural names, uses, or events broadly associated with the locale. 2. Preserves shall not be named after any individuals other than historical persons as noted above. B. Preserve Areas, Trails, Site Improvements, Historic Sites and Unnamed Natural Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, and areas of significance within open space preserves. Recognition of significant land gifts, including "bargain" purchases, will be negotiated at the time of the gift or bargain purchase. 1. Preserve areas, trails, site improvements including benches and bridges, historic sites and previously unnamed natural features shall ordinarily be named after: a) Geographical, botanical or zoological identification; Attachment 1 Board Policy 5.01 Page 2 of 4 b) Historical persons, uses, or events associated with the site, or persons and organizations listed in Section III: “Special Recognition”. 2. Preserve areas, trails, site improvements, historic sites and unnamed natural features may in rare instances be named after a living individual who has made an outstanding contribution to the District, subject to approval by the Board of Directors. II. GIFT RECOGNITION The purpose of the gift recognition policy is to provide an opportunity for the District to recognize and commend individuals or groups that have made significant contributions of cash, equipment, materials, goods or professional services toward the enhancement of the District, its programs, and its facilities. A. Unsolicited Cash Gifts: Up to $25 Postcard of thanks $26 to $499 Letter signed by General Manager $500 to $1,999 Letter signed by President of the Board $2,000 to $4,999 Letter signed by President of the Board and District gift item (note cards, etc.) $5,000 to $9,999 Letter signed by President of the Board and framed photograph of favorite District preserve $10,000 or more Letter signed by President of the Board and Resolution and framed photograph of District preserve and mention in a District publication* *These items will be provided only if desired by the donor. III. SPECIAL RECOGNITION The Legislative, Funding and Public Affairs Committee (LFPAC) shall be the committee designated to discuss all requests that meet the criteria of the policy for special recognition, made by members of the Board of Directors or by members of the public, including bench memorials and the naming of bridges, and after deliberation shall decide which requests will be referred to the full Board for a vote. The District places benches in its preserves for three distinct purposes: A. District Rest Benches These benches provide constituents with a place to rest. District staff places these benches without involving a District committee or the full Board. Regular benches must be either a backed or a backless standard bench as described in Section V below. B. Constituent Memorial Benches Attachment 1 Board Policy 5.01 Page 3 of 4 These are benches which have been requested by constituents in order to honor a member of the public and are funded by the requestors who must pay $5,000 for the lifetime cost of the bench. LFPAC discusses requests for these benches and decides which requests will be referred to the full Board for a vote. Requests must be in reference to a deceased significant supporter or a volunteer, as defined in the following sections. a) Constituent memorial benches shall only be placed in locations that have been pre-determined by the District and approved by the Use and Management committee and by the full Board of Directors. b) If a request for special recognition is approved by the Board of Directors, the requestor(s) shall pay for the cost of constructing, installing and maintaining a memorial bench by contributing $5,000 to a Memorial Bench Fund to cover the lifetime cost of the bench. The District will put this fund into an interest-bearing account which will be used solely for memorial bench construction, installation, repair, and maintenance. c) Bench plaques will be 2 x 6 inches in size. d) Benches must be one of the two District standard bench designs. C. District Memorial Benches These are benches which are installed by the District in response to requests by members of the Board of Directors to honor deceased "Founders," "Significant Supporters", and “Volunteers”. a) LFPAC can initiate a bench request and refer a decision to the full Board or individual Board members can initiate a bench request which will be referred to LFPAC for discussion before it is referred to the full Board for a final decision. Honorees must be deceased "Founders", "Significant Supporters", and “Volunteers” (per policy Section III D below). b) For these benches there are no design specification limits or limits on their location. The District will pay for the lifetime cost of the bench. D. Deceased Founders, Significant Supporters, and Volunteers "Founders", "Significant Supporters", and “Volunteers” are eligible for special recognition, including memorials. "Founders" shall be defined as an individual or group of individuals who participated in the formation of the District, or were significant supporters of the formation of the District. Attachment 1 Board Policy 5.01 Page 4 of 4 "Significant Supporters" shall be defined as individuals or group of individuals who have shown conspicuous or noteworthy support for the District through extraordinary contributions of time and effort to the advancement of the goals, philosophy and mission of the District. “Volunteers” shall be defined as individuals or groups of individuals who donated their time to the District by working for the District’s docent or volunteer program. IV. RECOGNITION OF HISTORIC SITES A. A recognition monument, normally in plaque form, may be considered by the Board if it is in relation to a specific existing building or other remaining structure of significant historic value. In such cases, the plaque will be affixed or in close proximity to the structure itself. If there is no structure, then recognition may he considered for inclusion on District informational materials or trail signage. Such a site, in the absence of a building or structure, will ordinarily not be physically marked except as determined by the Board on a case-by-case basis as part of the Use and Management planning process for the corresponding open space preserve. Any Board-approved memorial names shall be included in site brochures, maps, or other informational materials. V. STANDARD BENCH DESIGN SPECIFICATION A. District Rest Benches and Constituent Memorial benches, described in III(A) and (B) above, are limited to either of the two following standard bench designs: Backed bench: Dumor - Bench 88, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 6’ or 8’ lengths Backless bench: Dumor - Bench 103, recycled plastic slates (color: CEDAR), steel leg supports (color: BLACK, IMBEDDED) 103-60PL 6' long, 3 supports 103-80PL 8' long, 3 supports B. LFPAC can at any point bring designs to the Board that differ from the District’s standard bench designs. Attachment 1 Proposed Herb Grench Overlook – Windy Hill Upper Parking Lot Area Herb Grench Overlook Site Ribbon-cutting Site Map of the proposed overlook and ribbon-cutting sites. View from the proposed Herb Grench Overlook looking north (toward Palo Alto/Menlo Park) Attachment 2 View from the proposed Herb Grench Overlook looking south View from the proposed Herb Grench Overlook looking east Attachment 2 Standard District Bench – bench type for the proposed Herb Grench bench Attachment 2 R-15-131 Meeting 15-23 September 9, 2015 AGENDA ITEM 4 AGENDA ITEM Award of Bid Contract for the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with Cal West Construction General Building, Inc., for an amount not-to-exceed $86,595, which includes the base bid amount of $75,300 plus a 15% contingency of $11,295, to construct the Guadalupe Creek Overlook at Sierra Azul Open Space Preserve (Preserve). SUMMARY A Request for Bids for construction services to install a safety railing and rustic seating at the Guadalupe Creek Overlook, a spectacular vista point located along the new Mount Umunhum Trail, was issued on June 30, 2015. Two bid proposals were received and opened on Wednesday, August 5, 2015. The General Manager recommends awarding a contract for construction services for the Guadalupe Creek Overlook Project (Project) to Cal West Construction General Building, Inc., for a total amount not-to-exceed $86,595, which includes the bid amount of $75,300 plus a 15% contingency amount of $11,295. Onstruction is anticipated to commence and conclude this fall 2015. The Fiscal Year (FY) 2015-16 budget includes sufficient funds for completion of this work. MEASURE AA The Guadalupe Creek Overlook project is included in the FY2015-16 Action Plan as Measure AA Project #23-5. This project is part of the Mt. Umunhum Public Access and Interpretation Project portfolio and will provide a significant visitor amenity that will enhance the visitor experience along the Mount Umunhum Trail. DISCUSSION The Guadalupe Creek Overlook Project (Project) will provide a vista point that will highlight the views and natural features, as well as provide for appropriate and safe access in a way that allows the public to enjoy this stunning natural resource without degrading it. Located along the newly constructed Mount Umunhum Trail, the Project includes the following elements: • Fabrication and installation of a weathering steel safety guardrail • Excavation/coring into rock at railing post locations • Concrete work for post footings R-15-131 Page 2 • Construction of a stone seat-wall Once constructed, the overlook will provide a safe area for the public to rest and enjoy the beautiful views along the Mount Umunhum Trail. The Mount Umunhum Trail and the overlook are anticipated to be opened to the public in the fall of 2016. Consultant Selection A Request for Bids was issued on June 30, 2015 and sent to 36 contractors and five builders’ exchanges. Legal notices were posted in the San Jose Mercury News and the San Francisco Chronicle. The Invitation to Bid was also posted on the Midpeninsula Regional Open Space District (District) website. Mandatory pre-bid meetings were held at the Project site on July 15, 2015, and July 23, 2015, and were attended by four contractors. Sealed bids were due on August 5, 2015, and two bids were received and opened with the results as follows: Firm Location Proposal Amount Percent Difference from Engineer’s Estimate of $64,000 1. Cal West Construction General Building Inc Gilroy $75,300 + 18% 2. George Bianchi Construction San Jose $90,672 + 42% Upon review of the bid proposals, and confirmation of the contractors' qualifications, the General Manager recommends awarding the contract to Cal West Construction General Building, Inc., as the lowest responsible bidder who submitted a responsive bid. Both bids exceeded the engineer’s estimate of $64,000. A contingency for the unique site conditions and access constraints was not accounted for in the estimate of $64,000. Variation in the bid amounts from the engineer’s estimate was largely due to these physical complexities. Based on these factors, the 18% difference is considered acceptable. A 15% contingency amount is requested for this Project given that the Project requires that the footings of the safety guardrail be installed in rock that meets the geotechnical engineer’s requirements based on onsite observations and confirmation. Adjustments to the post hole locations may be required if the contractor encounters inferior rock during the coring process. Contingency funds would be used in this case or for other unknown conditions should they arise during coring and construction. FISCAL IMPACT The $86,595 contract amount is included in the FY2015-16 Budget and is eligible for Measure AA reimbursement. R-15-131 Page 3 BOARD COMMITTEE REVIEW A general concept plan and design guidelines for the overlook were reviewed and confirmed by the Planning and Natural Resources Committee on February 24, 2015 (R-15-31). PUBLIC NOTICE Public notice of this Agenda Item was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Construction of the Mount Umunhum Trail, of which Guadalupe Creek Overlook is a part, was analyzed under the California Environmental Quality Act as part of the Mount Umunhum Environmental Restoration and Public Access Project Environmental Impact Report (EIR) (R- 12-104), which the Board certified on October 17, 2012. Mitigation and avoidance measures as identified in the EIR and the Mitigation Monitoring Plan will be incorporated as part of the overlook construction contract. No new or previously unexamined significant effects on the environment will occur as a result of construction of the overlook. NEXT STEPS Upon approval by the Board of Directors, the General Manager would enter into a contract with Cal West Construction General Building, Inc. to construct the Project. Execution of the contract is subject to the contractor meeting all District requirements, including required insurance and bonding. Once paperwork and contract signatures are in place, the Project is scheduled to begin in October and be completed by mid-November 2015. Responsible Department Head: Jane Mark, AICP, Planning Manager Prepared by: Bryan Apple, Acting Planner II R-15-134 Meeting 15-23 September 9, 2015 AGENDA ITEM 5 AGENDA ITEM Addition of Two New Classifications and the Reclassification of Three District Positions in the Natural Resources Department and One District Position in the Administrative Services Department. GENERAL MANAGER’S RECOMMENDATION 1. Adopt a resolution amending the District’s Classification and Compensation Plan as follows: a. Addition of Resource Management Specialist III classification; b. Addition of Senior Finance and Accounting Technician classification; c. Removal of Senior Accounting Technician classification, to be replaced by Senior Finance and Accounting Technician classification. 2. Approve the following reclassifications of positions: a. Reclassification of a Planner III to a Senior Resource Management Specialist in the Natural Resources Department; b. Reclassification of a Planner II to a Resource Management Specialist III in the Natural Resources Department; c. Reclassification of Senior Administrative Assistant to a Senior Finance and Accounting Technician in the Natural Resources Department. d. Reclassification of Senior Accounting Technician to a Senior Finance and Accounting Technician in the Administrative Services Department. SUMMARY The Midpeninsula Regional Open Space District’s (District) Natural Resources Department was created in 2012 by moving positions from the Operations Department and the Planning Department into this new department. With the Board of Director’s adoption of a new Strategic Plan in September 2011, and a heightened emphasis on restoration of open space as a major focus of the District’s mission, creation of the Natural Resources Department with responsibility to develop and implement resource management policies was critical. With the successful completion of the Vision Plan and the passage of Measure AA in 2014, followed by the R-15-134 Page 2 completion of the Financial and Operational Sustainability Model (FOSM) Study in early 2015 to guide organizational change to be able to efficiently and effectively deliver Measure AA capital projects, it was an opportune time to evaluate the classifications in the Natural Resources Department to ensure the department and classifications are appropriately structured and defined for their complex and varied workloads. Therefore, at the beginning of FOSM implementation, the General Manager directed a reclassification study of the Natural Resources Department, to be conducted by Management Partners as part of their FOSM Implementation agreement with the District, approved by the Board on February 25, 2015. The results of Management Partners’ reclassification study, and review and modifications by the Human Resources Division and the General Manager’s Office, indentified the need to create two new classifications and reclassify three existing positions to support the work of this department. In addition, there is the need to change the position title only, with no job duty changes, of one classification in the Administrative Services Department. These reclassification recommendations are not approvals for new staff, but rather changes for existing staff. Should these changes be approved by the Board of Directors, the effective date of these changes will be September 14, 2015. DISCUSSION Study Process The General Manager has the delegated authority to direct classification studies as needed. At the General Manager’s request, Management Partners conducted a compensation and classification study of the Natural Resources Department to evaluate whether changes in the department were necessary. The Consultant’s process included:  Meeting with the Assistant General Manager, Human Resources Supervisor and Natural Resources Manager to review positions to be studied; discuss study parameters; identify background and other resources used to complete the review.  Development, distribution and subsequent review of the Position Description Questionnaires (PDQ) that were completed by the employees in the selected classifications and reviewed by the employees’ Department Manager.  Review of additional background information, including materials from the District Compensation Study of 2014 conducted by Koff & Associates and job descriptions from the District’s 14 comparator agencies.  Analysis of the classification information gathered.  Development of draft findings and recommendations for management review.  Additional contacts and interviews with incumbents and management as necessary to obtain details and gain clarification on classification duties.  Preparation of a report to management with conclusions and recommendations on classifications and compensation. R-15-134 Page 3 Following review of the Consultant’s recommendations, Human Resources and the General Manager’s Office conducted additional evaluation and employee interviews to develop the General Manager’s final recommendations. Natural Resources Department Evolution The Natural Resources Department was formally established as a department as of April 1, 2012. At that time the District’s land acreage was continuing to increase and several large restoration projects were underway, including Mount Umunhum Remediation and Demolition, Mindego Gateway, and El Corte de Madera Creek Staging area and trail. The District established the new Natural Resources Department with the following core functions: A. Plan, implement and design projects to protect and restore the natural resources; B. Comply with the California Environmental Quality Act (CEQA) and resource agency regulation requirements; C. Work with other entities to obtain funding, plan for and protect District and regional natural resources; D. Steward District working landscapes to protect natural resources values and provide sustainable agriculture uses. The department was formed with eight positions: three Planner positions transferred from the Planning Department and five Resource Management Specialists from the Operations Department. The Natural Resources Department’s workload and complexity of projects and responsibilities has continued to evolve since the Department’s inception in 2012, particularly with Measure AA projects implementation. Additionally, recommendations of the FOSM Study, which the Board accepted on May 27, 2015, include important organizational structure changes as the District pursues effective and efficient implementation of Measure AA projects. Based on these drivers, the General Manager recommends the following reclassification recommendations for Natural Resources positions. Reclassification Study Recommendations 1. Creation of Resource Management Specialist III Classification: The Natural Resources department was originally formed with staff from the Planning and Operations departments and as a result the position titles and class specifications of Natural Resources do not accurately reflect the level of knowledge, skills, ability and experience associated with each position. Therefore the General Manager’s recommendation is to create a Resource Management Specialist III classification, and remove the Planner II and III classifications from Natural Resources, to complete the Natural Resources series as follows: • Natural Resources Manager • Senior Resource Management Specialist • Resource Management Specialist III • Resource Management Specialist I-II The addition of the Resource Management Specialist III classification creates a clearly defined career ladder and adds stability in the staffing structure of the Natural Resources R-15-134 Page 4 Department. This is important for future growth and staffing of this department and the District. Creation of Senior Finance and Accounting Technician Classification and removal of Senior Accounting Technician Classification: The Natural Resources Department staff includes a Senior Administrative Assistant. This position also supports the Real Property Department. The primary role of this position is now required to be more budget and finance focused to support budgeting, accounting, and related data management needs of the Natural Resources and Real Property Departments. These job duties are similar to those of the current Senior Accounting Technician in the Administrative Services Department. One has a budgeting emphasis, while the other has an accounting emphasis, but they each are required to do some of both. Therefore, the General Manager’s recommendation is to create one senior technician classification, called the Senior Finance and Accounting Technician, that captures the general finance and budgeting, as well as accounting, knowledge, skills, and abilities required in these roles. The recommendation to reclassify the Senior Administrative Assistant to a Senior Finance and Accounting Technician comes as the result of a thorough review and analysis of the current work and skill level needed to accomplish the responsibilities of this position (see #5 below). The current Senior Accounting Technician’s title will be changed to Senior Finance and Accounting Technician. 2. Reclassification of Planner III to Senior Resource Management Specialist The incumbent was transferred into the Planner III position in the Natural Resources Department in April 2012. This individual provides high level resource planning expertise for all aspects of complex natural resource management projects, restoration projects, and external projects such as the Lehigh Quarry; supports and coordinates with other departments by providing natural resources expertise; and coordinates with resource agencies and educational institutions regarding complex outside projects such as the Permanente Quarry EIR, lawsuit technical support, and timber harvest reviews, as well as cultural resources, fisheries, and sensitive aquatic species. The incumbent provides technical natural resources expertise related to new purchases and to assist planning projects, and advises as the technical expert on natural resource issues. In addition to the technical aspect of the job, the incumbent is also involved in budget development and in tracking and payment for complex restoration and remediation projects including the air quality study at Rancho San Antonio and consultant studies for geology, geotechnical, biotic and cultural resources. The position requires an educational background in natural/cultural resources and experience with natural resource issues and projects. The incumbent has supervised the current Planner II position in Natural Resources for several years. Although the duties of this position overlap to some degree with those described in the Planner series job descriptions, the specialized knowledge and expertise in natural resources management is the paramount function of the position. The duties and responsibilities as well as the educational background and experience needed for the position align much more closely with the Resource Management Specialist series classification than with the Planner series classification. If approved by the Board, the new Resource Management Specialist series will consist of a flexibly staffed Resource Management Specialist I/II, a Resource Management Specialist III, and a Senior Resource Management Specialist. The scope and responsibilities of the incumbent exceed those of the Resource Management Specialist III position in that the R-15-134 Page 5 incumbent is responsible for highly technical and complex programs and projects requiring specialized education, while also responsible for supervising other staff. After a thorough review of the Senior Resource Management Specialist job specification and an analysis of the workload for the incumbent, it is clear that the skills, abilities and knowledge required for this position exceed that of a Planner III/Resource Management Specialist III. The incumbent in this position currently performs all the essential job functions of the Senior Resource Management Specialist. Therefore, it is appropriate to add a Senior Resource Management Specialist to the Department as the demands of the position have evolved to require a higher skill level and wider range and scope of responsibilities, oversee highly technical and high profile programs and projects as well as providing supervision and guidance to staff. 3. Reclassification of Planner II to Resource Management Specialist III The incumbent was transferred into the Planner II position in Natural Resources in April 2012. Although this individual is a Planner II, she was confirmed to be functioning at the Planner III level and has been receiving out-of-class pay as a Planner III as of March 2015. The incumbent provides Natural Resources expertise, permitting, planning, and coordination for both District-wide and site specific programs, policies, planning documents, studies, and projects with special emphasis on regulatory compliance regarding special status species including oversight and coordination of all surveying, monitoring, reporting, mapping, project design and implementation. The incumbent also oversees biological monitoring and protection during planning, design and implementation of District projects and provides training, technical expertise and hands on opportunities for staff, volunteers, docents and the public regarding Natural Resources issues. The educational background required for the position is an undergraduate degree in biological, botanical, cultural, geologic or other sciences related fields. Documented hours or certification working with protected species under multiple biological experts at multiple sites is required to obtain regulatory permits to oversee the District's work with protected species. Although the duties of this position overlap to some degree with those described in the Planner series job descriptions, the specialized knowledge and expertise in natural resources management is the paramount function of the position. The duties and responsibilities as well as the educational background and experience needed for the position clearly align much more closely with the Resource Management Specialist series classification than with the Planner series classification. If approved by the Board, the new Resource Management Specialist series will consist of a flexibly staffed Resource Management Specialist I/II, a Resource Management Specialist III, and a Senior Resource Management Specialist. The scope and responsibilities of the incumbent exceed those of the Resource Management Specialist II position in that the incumbent is responsible for more technical programs and projects requiring specialized education and is required to possess certification to oversee the District's work with protected species. However, the Resource Management Specialist III does not reach the level of Senior Resource Management Specialist as the latter requires a higher level of experience, independence, and oversees more complex projects, while also responsible for full supervision of professional, technical, and administrative support staff. In that this position exceeds the scope of the II level but does not reach the scope of the senior level, it is appropriate to reclassify the incumbent to a Resource Management Specialist III, with R-15-134 Page 6 responsibility for highly technical programs and projects and for providing technical oversight and guidance to staff. 4. Reclassification of Senior Administrative Assistant to Senior Finance and Accounting Technician and Renaming Senior Accounting Technician to Senior Finance and Accounting Technician Over the last five years, the District has experienced an evolution of its accounting, finance and budgeting functions. Additionally, the passage of Measure AA creates a clear need for a higher level of expertise and oversight to support the accounting, finance and budgeting functions. The incumbent in the Senior Administrative Assistant position was hired in the Natural Resources Department in July 2013. The findings of the classification study affirmed that the incumbent performs the full range of professional accounting duties as described in the current class description as well as duties that reflect a greater role in tracking, analyzing and reporting on capital expenses and other data for the annual budget process. For example, the incumbent is responsible for supporting department managers by tracking their budget in the financial system and reporting variances, assisting with budget preparation, and tracking budget for the year and reconciling it with the budget performance report. The incumbent is responsible for the day-to-day finance and budget tracking of the Natural Resources and Real Property departments, prepares budget reports detailing project budgets and balances using various analysis tools such as business analytics to track and report expenditures for capital projects that will be funded through the passage of Measure AA (General Obligation Bond) and other Non-Measure AA projects. The incumbent spends approximately 45% of her time on budget related duties and the remaining 55% split between accounting and administrative support duties. The budgetary duties exceed the scope of the Senior Administrative Assistant classification, but are not at the level of the Management Analyst I-II classification. The current position more closely aligns with the level of the Senior Accounting Technician classification in the Finance Department. However, while the Senior Accounting Technician classification focuses primarily on accounting functions, it is appropriate to create a new classification that captures both skill sets of accounting and budgeting duties. It is recommended that a Senior Finance and Accounting Technician classification be created which defines the full range of knowledge, skills and responsibilities of the incumbent in Natural Resources and the current Senior Accounting Technician and allows for flexibility to meet staffing needs in the future. Salary Range Recommendations Management Partners conducted a compensation study of the current Natural Resources Department classifications with a look at the 14 comparator agencies established in the compensation study conducted by Koff & Associates in 2014. In keeping with past practices and the Employee Compensation Guiding Principles Policy approved by the Board in March of 2015, the study focused on the top step median salaries of each classification. The new recommended salary ranges, shown in the table below, reflect slight to moderate increases to the Natural Resources positions salaries overall. The increases are 2.5-5% to the classifications with the exception of the change from Planner II to Resource Management Specialist III which represents R-15-134 Page 7 a 21.5% range change. However, the Planner II position is currently working out-of-class as a Planner III at range 39, therefore this reclassification is not a range change for the incumbent. Current classification range salary Recommended Classification range salary % of range change Senior Resource Management Specialist 42 $94,812- 118,404 Senior Resource Management Specialist 43 $97,188- $121,380 2.5% increase Planner III 39 $88,152- $110,076 Senior Resource Management Specialist 43 $97,188- $121,380 5% increase Planner II 31 $72,528- $90,564 Resource Management Specialist III 39 $88,152- $110,076 21.5% increase Resource Management Specialist II 33 $76,140- $95,100 Resource Management Specialist II 34 $78,000- $97,416 2.4% increase Resource Management Specialist I 29 $69,072- $86,244 Resource Management Specialist I 30 $70,764- $88,356 2.45% increase Senior Administrative Assistant 24 $61,116- $76,332 Senior Finance and Accounting Technician 26 $64,176- $80,148 5% increase Senior Accounting Technician 26 $64,176- $80,148 Senior Finance and Accounting Technician 26 $64,176- $80,148 No Change BOARD COMMITTEE REVIEW This report was not previously reviewed by a Committee. FISCAL IMPACT If approved, the reclassifications would take effect September 14, 2015 and result in an additional $17,000 in salaries and benefits costs this fiscal year. Vacancy savings in the Natural Resources Department are available to cover this cost increase and future full year salary costs will be incorporated into the FY2016-17 budget. 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 the California Environmental Quality Act (CEQA). NEXT STEP R-15-134 Page 8 If approved the reclassifications would take effect September 14, 2015, which is the first day of the pay period following the September 9, 2015 Board meeting. Attachments: 1. Resolution amending the classification & compensation plan, including new classifications specifications and revised Classification and Compensation Plan 2. Natural Resources Department Organizational Chart Responsible Manager: Kevin Woodhouse, Assistant General Manager Prepared by: Candice Basnight, Human Resources Supervisor Attachment 1 Resolutions/2015/15-__Amend NRD Positions 1 RESOLUTION NO. 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE CLASSIFICATION & COMPENSATION PLAN BY ADDING NEW CLASSIFICATIONS SPECIFICATIONS WHEREAS, the General Manager has proposed an amendment to the Midpeninsula Regional Open Space District Classification and Compensation Plan to add the new job classifications of Resource Management Specialist III and Senior Finance and Accounting Technician, remove the existing job classification Senior Accounting Technician, and to add the classification specifications and salary ranges therefore; and WHEREAS, the Board of Directors having considered such proposals and recommendations; NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The Classification and Compensation Plan of the Midpeninsula Regional Open Space District shall be amended by adding the new job classification title of Resource Management Specialist III, classification specifications and salary range to read as set forth in the attached exhibits hereto. 2. The Classification and Compensation Plan of the Midpeninsula Regional Open Space District shall be amended by adding the new job classification title Senior Finance and Accounting Technician, replacing the existing job classification title Senior Accounting Technician, classification specifications and salary range to read as set forth in the attached exhibits hereto. 3. Except as herein modified, the Classification and Compensation Plan, Resolution No. 15-18 as amended, shall remain in full force and effect. 4. This resolution shall be effective September 14, 2015. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on _____, 2015, at a regular meeting thereof, by the following vote: * * * * * * * * * * * * * * * * * * * * AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2015/15-__Amend NRD Positions 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 Midpeninsula Regional Open Space District RESOURCE MANAGEMENT SPECIALIST III DEFINITION Under general direction, performs complex professional level duties, including designing and implementing capital improvement and natural resource preservation and protection projects, and preparing land use and management plans for new and existing open space preserves; assists in the development and review of land use policies; coordinates natural resources efforts among other District staff and outside consultants, contractors and regulatory agencies; provides professional advice and assistance to other District staff, organizations, governmental and regulatory agencies, and the public on site planning, development, environmental review, and resource management; performs a variety of studies and prepares and presents staff reports; and performs related work as required. SUPERVISION RECEIVED AND EXERCISED Receives general direction from assigned management and/or supervisory staff. Exercises direct supervision over assigned staff, interns, and/or volunteers. CLASS CHARACTERISTICS This is the fully experienced-level class in the professional resource management specialist series. Incumbents are expected to perform the full range of professional and technical natural resources management work in all of the following areas: capital improvement, open space, land use, and natural resource protection activities, and daily departmental operations, in addition to providing project management and administration. Positions at this level are distinguished from the Resource Management II level by conducting more complex projects, working independently and exercising greater judgment and initiative, and providing direct supervision to lower-level staff. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. This class is distinguished from the Senior Management Resource Specialist in that the latter is the highest-level class in the professional resource management specialist series and is responsible for organizing, assigning, and reviewing the work of departmental and/or contract staff involved in a major area of the Natural Resources Department, in addition to performing the more complex natural resources and project management activities. EXAMPLES OF ESSENTIAL JOB FUNCTIONS (Illustrative Only) Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. For all assignments:  Manages, directs, and participates in highly complex and specialized planning projects and activities in the areas of watershed protection, project specific plan updates and amendments, and other projects as assigned; designs and conducts studies to develop policies, plans, and codes; conducts field inspections of assigned natural resources and development projects to ensure compliance with Federal, State, and local laws, rules, and regulations, including the California Environmental Quality Act (CEQA), design specifications, and local guidelines and procedures. Exhibit A Resource Management Specialist III Page 2 of 5  Develops and standardizes procedures and methods to improve the efficiency and effectiveness of assigned services, projects, and activities; identifies opportunities for improvement and recommends to District management staff.  Coordinates the work of an assigned functional area, including capital improvement and long-range planning, land acquisition, use, and management studies, historical and natural resource preservation, and other specialized studies as assigned.  Participates in the preparation of project implementation budgets, and monitors project expense budgets and approves/processes project expenditures.  Researches and compiles information for the preparation of resource management plans for District preserves; conducts or directs field or background research; meets with field staff, District personnel, members of the public, and neighbors to solicit input and identify problems and opportunities; plans and conducts public workshops and resolves issues.  Evaluates initial studies, mitigated negative declarations, environmental impact reports, and other CEQA documents; uses the evaluation to formulate a recommendation on projects; monitors project compliance with environmental document mitigation measures and conditions of approval.  Conducts and supervises natural resource studies in the community; gathers data for implementing or evaluating natural resource projects; makes recommendations.  Provides input to operations and other District staff regarding policy documents that affect District wide programs and projects.  Serves as source of information for developers, engineers, property owners, and contractors regarding resource impacts of land use applications and general municipal planning programs, projects, and functions; represents the department and District to outside agencies, public and private groups, and the general public; facilitates community participation through a continual dialogue with residents and project partners on major projects.  Develops consultant requests for proposal, advertising, and bid processes for professional and/or construction services; evaluates proposals and recommends project award; administers contracts after award.  Negotiates, administers, and manages contracts for services; reviews documents, reports, and other work products prepared by consultants and provides feedback and corrections; reviews and oversees consultant invoices and progress payments.  Oversees and administers various grants related to the area of assignment; prepares grant applications; prepares and submits invoices for grant reimbursement.  Develops land acquisition strategies and terms for complex acquisition projects; negotiates resource issues with property owners.  Prepares and presents staff reports for resource management projects, contract solicitation and authorization, permits and licenses and grant proposals.  Provides highly complex staff assistance to assigned management and supervisory staff; develops and reviews staff reports related to assigned activities, projects, and services; under direction, presents reports to and advises the Natural Resources Manager, General Manager, Board of Directors, and other commissions, committees, and boards related to a wide variety of natural resources management matters.  Represents the District to outside agencies; conducts presentations regarding District resource management issues.  Prepares and coordinates the preparation of written materials and graphics required for assigned projects; assumes responsibility for drafting and assembling plans for projects.  Attends and participates in professional group meetings; stays abreast of new trends and innovations in natural resources; researches emerging products and techniques and their applicability to District needs.  Monitors changes in regulations and technology that may affect operations; implements policy and procedural changes after approval.  Receives, investigates, and responds to problems and complaints in a professional manner; identifies and reports findings and takes necessary corrective action. Exhibit A Resource Management Specialist III Page 3 of 5  Performs work, including research and the gathering of scientific information, focused on the protection and restoration of natural , historical, and cultural resources on District properties, as well as the containment and elimination of hazardous waste.  Develops and maintains resource inventories of District lands; oversee the collection of field-based data by staff and consultants, including the GIS data related to the distribution, abundance and habitat conditions for natural resources.  Assists in the analysis of environmental impacts of projects and recreational use on District lands and assists in the development and implementation of resource management restoration plans for specific areas and preserves. Performs other duties as assigned. QUALIFICATIONS Knowledge of:  Project and program management principles and practices, including goal setting, work plan development, implementation, and evaluation.  Applicable Federal, State, and local laws, codes, and regulations concerning the operation of the assigned function.  Modern principles and practices, technical and legal issues of cultural and historical planning, environmental planning and program management, biology, geology, earth sciences, ecology, wildlife, and vegetation management.   Basic principles and practices of budget development and administration.  Basic principles and practices of employee supervision, including work planning, assignment, and the training of staff in work procedures.  Principles and practices of contract negotiation and administration.  Practices of researching resource management issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports.  Recent developments, current literature, and sources of information related to natural resource management and environmental review.  Modern office methods, practices, procedures, and equipment, including computer hardware and software necessary for graphic presentation, mapping, and database management.  Principles of advanced mathematics and their application to resource management work.  Methods and techniques of effective technical report preparation and presentation.  English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the District in contacts with governmental agencies, community groups, various business, professional, educational and regulatory organizations, and with property owners, developers, contractors, and the public.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and District staff. Ability to:  Administer complex, technical, and sensitive resource management and related programs in an independent and cooperative manner.  Recommend and implement goals, objectives, and practices for providing effective and efficient services.  Evaluate and develop improvements in operations, procedures, policies, or methods.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Interpret and explain natural resource projects and programs to the general public; identify and respond to issues and concerns of the public, District staff, Board of Directors, and other boards and commissions. Exhibit A Resource Management Specialist III Page 4 of 5  Assess, monitor, and report environmental impact on and of various District programs and services.  Conduct complex research projects, evaluate alternatives, and make sound recommendations.  Read, interpret, apply, and explain technical written material and complex Federal, State, and local policies, procedures, laws, regulations, ordinances, and District resource management policies and procedures.  Effectively represent the department and the District in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations and individuals.  Coordinate assigned activities with other District departments and agencies as required.  Direct the work of contract consultants.  Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.  Establish and maintain a variety of filing, record-keeping, and tracking systems.  Read and understand technical drawings and specifications.  Perform mathematical and statistical computations with precision.  Make sound, independent decisions within established policy and procedural guidelines.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.  Operate modern office equipment including computer equipment and specialized software applications programs.  Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to graduation from an accredited four-year college or university with major coursework in environmental design, natural resource management, ecology, biology, geology or a related field, and three (3) years of increasingly responsible experience in natural resource management preferably in parks, open space, or related field, including at least one (1) year of supervisory and administrative responsibility. A Master’s Degree is desirable. Licenses and Certifications:  Possession of a valid California Driver’s License. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect District development sites, including traversing uneven terrain, climbing ladders, stairs, and other temporary or construction access points; to operate a motor vehicle, and to visit various District and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is partially a sedentary office and partially a field classification and standing in and walking between work areas and development sites is required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push and pull materials and objects weighing up to 25 pounds. Exhibit A Resource Management Specialist III Page 5 of 5 ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may work in the field and occasionally be exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, or road hazards. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: September 2015 REVISED: FLSA: Exempt Exhibit A Midpeninsula Regional Open Space District SENIOR FINANCE AND ACCOUNTING TECHNICIAN DEFINITION Under general supervision, performs a variety of financial, accounting and budgeting work, as well as difficult and complex technical duties in preparation , maintenance and processing of accounting and budgeting records and transactions, including reconciling general ledger accounts, setting up and maintaining chart of accounts, accounts payable, accounts receivable , and payroll; maintains District financial accounts and records and assists in audits and the preparation of financial statements, reports and analyses; provides responsible technical accounting and budgeting support to professional staff in assigned department; assists in preparation of the department budget; provides office administrative and clerical support of assigned management, professional, and supervisory staff, including planning, organizing, and overseeing the operations and functions of the assigned function; coordinates assigned programs, projects, and services with other District departments, divisions, and outside and performs related work as required SUPERVISION RECEIVED AND EXERCISED Receives general direction from assigned supervisory and managerial staff. Exercises no direct supervision over staff. May provide technical and functional direction to assigned administrative support staff or temporary staff. CLASS CHARACTERISTICS This is the advanced journey-level in the technical accounting class series. Incumbents are cross-trained to perform the full range of technical work in all of the following areas: general accounting and auditing, accounts payable, accounts receivable, payroll, and related areas, in addition to performing a variety of record keeping, reconciliation, and accounting support activities. Incumbents perform the most difficult and complex types of duties assigned to the class series, exercising a high level of independent judgment and initiative. . Incumbents perform a wide variety of specialized technical and administrative support work for management, professional, and supervisory staff. Incumbents are required to be fully trained in all procedures related to the assigned functional area. Responsibilities require the frequent use of tact, discretion, and independent judgment as well as knowledge of departmental and District activities. The work requires the interpretation and application of policies, procedures, and regulations, as well as performing various research and budgetary support functions. This class is distinguished from the Accountant in that the latter is a professional level requiring completion of a four-year degree and is responsible for organizing and overseeing day-to-day activities and operations of the accounting and payroll operations and programs. May focus on accounting or budgeting duties or a combination of duties in both functions. Exhibit B Senior Finance and Accounting Technician Page 2 of 4 EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) Management reserves the right to add, modifies, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Examples of Accounting function:  Assists in the preparation of journal entries and reconciles general ledger and subsidiary accounts related to postings from payroll, accounts payable, and accounts receivable; assists in preparing monthly financial statements, including distributing monthly revenue and expenditure reports to departments; assists in gathering data and preparing monthly financial and statistical reports.  Reconciles expenditure and revenue accounts, including land acquisition worksheets, capital assets, and long-term debt funds; verifies availability of funds and classification of expenditures; researches transactions to resolve problems; processes appropriation transfer requests between accounts; reconciles bank statements to the general ledger; prepares graphs and schedules as needed.  Sets up and maintains chart of accounts.  Provides technical assistance to the Accountant in preparation of the year -end audit; ensures availability and accuracy of required reports and documentation; sends out notifications to appropriate parties.  Assists in preparing a wide variety of financial reports and statements.  Assists in processing debt service obligations, including creating payment schedule, paying annual obligations, posting interest on bonds and notes from statements, updating liability balance, and posting journal entries. Examples of Budgeting function:  Responsible for the day-to-day finance and budget tracking for assigned departments.  Prepares budget reports detailing project budgets and balances. Prepares journal entries and maintains the general ledger and subsidiary ledger.  Assists in the performance of year-end review of accounts.  Assists in the preparation of adjusting and closing entries and preparation of year-end financial statements.  Assists in the preparation of the assigned department's mid-year and year end budget review.  Collects and compiles material for review and analysis; provides recommendations for changes in programs, policies, or procedures to improve efficiency and cost effectiveness of operations.  Coordinates and participates in the preparation of department budget; monitors budget expenditures and revenues; initiates department purchases for office supplies and other items as assigned.  Performs other financial and accounting related duties, including receiving payments and reconciling them with purchasing orders, tracking vendor and invoice information, assisting with bid requests, price quotes, purchase and expenditure requests, and purchase orders. Additional Essential Functions may include:  Relieves district staff of a variety of administrative details by assisting with duties of an advanced, complex, and sensitive nature; plans, organizes, and carries out administrative assignments and special projects, including assisting with budget preparation, planning, and implementation; recommending organizational or procedural changes affecting support activities; recommending improvements in work flow, procedures, and use of equipment and forms.  Assists in a variety of department and program operations; coordinates, oversees, monitors, and participates in special projects, assignments, staff and/or community events, and activities as assigned; maintains control files on matters in progress and expedites their completion; serves on committees as assigned.  Organizes and carries out administrative assignments; researches, compiles, and organizes information and data from various sources on a variety of specialized topics related to programs in Exhibit B Senior Finance and Accounting Technician Page 3 of 4 assigned area; checks and tabulates standard mathematical or statistical data; prepares and assembles reports, manuals, articles, announcements, and other informational materials.  Develops, composes, types, edits, and proofreads a variety of complex documents, including forms, memos, administrative, statistical, financial, and staff reports, and correspondence for department Manager and staff from rough draft, dictation equipment, handwritten copy, verbal instructions, or from other material; inputs and retrieves data and text using a computer terminal; checks draft documents for punctuation, spelling, and grammar; makes or suggests corrections to drafts.  Verifies and reviews forms and reports for completeness and conformance with established regulations and procedures; applies departmental and program policies and procedures in determining completeness of applications, records, and files.  Designs and implements file, index, tracking, and record-keeping systems.  Prepares and processes reports, forms, and records, such as District Board agenda items, requests for proposals, bid packages, contracts and agreements, reimbursement requests, and organizational charts.  Coordinates and integrates department services and activities with other agencies and District departments.  May serve as administrative support to a board, commission, or special task force; provides a variety of support to District boards, committees, and task forces, including coordinating and scheduling meetings, appointments, and speaking engagements; reserving meeting rooms; maintaining reports; compiling and distributing agenda packets; attending meetings; formatting and distributing minutes; and following-up on decisions as required.  May train assigned subordinates to ensure office work flow is maintained and office goals are met; assigns work according to changes in workload priorities; evaluates office and administrative functions to recommend changes in office procedures; may evaluate the work of staff.  Performs other duties as assigned. QUALIFICATIONS Knowledge of:  Basic principles, practices, and methods of public and governmental accounting and financing, including general accounting, payroll, auditing, and reporting functions and their application to District operations.  Terminology and practices of financial and account document processing and record keeping, including accounts receivable, accounts payable, and payroll.  Principles and procedures of record keeping, and bookkeeping, reporting and basic governmental accounting principles and practices  Business arithmetic and financial and statistical techniques.  Computerized accounting and finance systems and computer software and systems related to accounting and payroll processes.  Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility, including the District’s Memoranda of Agreement and related contracts and documents.  Modern office practices, methods, computer equipment, and computer applications related to work, including word processing and spreadsheet applications.  Practices and methods of office management and administration, including the use of standard office equipment.  Basic policies and practices relate to governmental budgeting.  Principles and practices of data collection and report preparation. Exhibit B Senior Finance and Accounting Technician Page 4 of 4  Organization and function of public agencies, including the role of an elected District Board and appointed boards and commission.  Business letter writing and the standard format for reports and correspondence.  English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors and District staff. Ability to:  Perform detailed and technical account, financial, and payroll support work accurately and in a timely manner.  Assist in preparing clear, complete and concise financial statements and reports.  Audit review, post, balance, reconcile, and maintain accurate and confidential accounting and payroll records.  Maintain confidentiality and be discreet in handling and processing confidential information and data.  Prepare, maintain and reconcile various complex financial, accounting and budgeting records.  Participate in the preparation of department budget, including gathering and analyzing data related to expenditures and projected charges and monitoring budget expenditures and revenues  Interpret, apply, explain and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.  Make accurate arithmetic, financial, and statistical computations.  Establish and maintain a variety of filing, record keeping, and tracking systems  Compose correspondence and reports independently or from brief instructions.  Understand and carry out complex oral and written directions  Research, analyze, and summarize data and prepare accurate and logical written reports.  Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned work  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities and meet critical time deadlines  Perform responsible administrative support work with accuracy, speed, and general supervision.  Train, plan, organize, schedule, assign, review, and evaluate the work of assigned staff.  Understand the organization and operation of the District and of outside agencies as necessary to assume assigned responsibilities.  Operate modern office equipment, including computer equipment and specialized software applications programs.  Use English effectively to communicate in person, over the telephone, and in writing.  Provide varied and responsible office administrative work requiring the use of tact and discretion.  Use tact, initiative, prudence, and independent judgment within general policy and legal guidelines in politically sensitive situations.  Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work. Education and Experience: Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be: Equivalent to the completion of the twelfth (12th) grade supplemented by college-level coursework in accounting or finance and five (5) years of experience in the maintenance of financial and accounting records, bookkeeping, budgeting , or financial support experience. Exhibit B Senior Finance and Accounting Technician Page 5 of 4 Licenses and Certifications: None. PHYSICAL DEMANDS Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle, and to visit various District an meeting sites: vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds. ENVIRONMENTAL ELEMENTS Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. EFFECTIVE: September 2015 REVISED: N/A FLSA: Non-Exempt Exhibit B Time Minimum Maximum Minimum Maximum Minimum Maximum Base Seasonal Open Space Technician 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Seasonal Ranger Aide 18.946 23.654 3,284 4,100 39,408 49,200 Part-time Seasonal Ranger 24.179 30.190 4,191 5,233 50,292 62,796 Part-time Farm Maintenance Worker 26.019 32.492 4,510 5,632 54,120 67,584 Full-time Open Space Technician*26.019 32.492 4,510 5,632 54,120 67,584 Full-time Administrative Assistant 26.660 33.283 4,621 5,769 55,452 69,228 Full-time Accounting Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Human Resources Technician 27.981 34.944 4,850 6,057 58,200 72,684 Full-time Lead Open Space Technician*28.690 35.827 4,973 6,210 59,676 74,520 Full-time GIS Technician 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Volunteer Program Lead 28.690 35.827 4,973 6,210 59,676 74,520 Full-time Risk Management Coordinator 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Senior Administrative Assistant 29.383 36.698 5,093 6,361 61,116 76,332 Full-time Ranger 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Public Affairs Program Coordinator 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Information Technology Technician 30.121 37.615 5,221 6,520 62,652 78,240 Full-time Senior Accounting Technician 30.854 38.533 5,348 6,679 64,176 80,148 Full-time Senior Finance & Accounting Technician 30.854 38.533 5,348 6,679 64,176 80,148 Full-time Equipment Mechanic/Operator 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Lead Ranger 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Executive Assistant 31.627 39.496 5,482 6,846 65,784 82,152 Full-time Real Property Specialist I 32.400 40.454 5,616 7,012 67,392 84,144 Full-time Planner I 33.208 41.463 5,756 7,187 69,072 86,244 Full-time Resource Management Specialist I 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Docent Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Volunteer Program Manager 34.021 42.479 5,897 7,363 70,764 88,356 Full-time Planner II 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Management Analyst I 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Accountant 34.869 43.540 6,044 7,547 72,528 90,564 Full-time Public Affairs Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Community Outreach Specialist 36.606 45.721 6,345 7,925 76,140 95,100 Full-time Resource Management Specialist II 37.500 46.835 6,500 8,118 78,000 97,416 Full-time Training and Safety Specialist 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Real Property Specialist II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Management Analyst II 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Midpeninsula Regional Open Space District - CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2015/2016 - Effective 09/14/2015 Last revised: 8/26/15, 7/22/2015, 7/01/2015, 2/12/2015, 1/19/2015, 7/01/2014 Classification Title Step Hourly Range $Monthly Range $Annual Range $ Range # 25 6 19 19 20 22 22 23 23 23 24 24 6 16 31 25 25 26 27 27 27 28 30 29 30 30 26 31 31 34 33 33 35 35 35 Exhibit C Time Minimum Maximum Minimum Maximum Minimum Maximum BaseClassification Title Step Hourly Range $Monthly Range $Annual Range $ Range # Supervising Ranger 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Maintenance, Construction & Resource Supervisor 38.435 48.000 6,662 8,320 79,944 99,840 Full-time Website Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Information Technology Administrator 39.381 49.177 6,826 8,524 81,912 102,288 Full-time Planner III 42.381 52.921 7,346 9,173 88,152 110,076 Full-time Resource Management Specialist III 42.381 52.921 7,346 9,173 88,152 110,076 Full-time GIS Administrator 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Real Property Specialist 43.413 54.219 7,525 9,398 90,300 112,776 Full-time Senior Accountant 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Senior Management Analyst 44.498 55.575 7,713 9,633 92,556 115,596 Full-time District Clerk 44.498 55.575 7,713 9,633 92,556 115,596 Full-time Media Communications Supervisor 45.583 56.925 7,901 9,867 94,812 118,404 Full-time Senior Resource Mgmt Specialist 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Area Superintendent 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Human Resources Supervisor 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Senior Planner 46.725 58.356 8,099 10,115 97,188 121,380 Full-time Assistant General Counsel I 50.256 62.769 8,711 10,880 104,532 130,560 Full-time Assistant General Counsel II 52.771 65.902 9,147 11,423 109,764 137,076 Full-time Information Systems & Technology Manager 52.771 65.902 9,147 11,423 109,764 137,076 Full-time Administrative Services Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Engineering & Construction Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Natural Resources Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Operations Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Planning Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Public Affairs Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Real Property Manager 56.792 70.927 9,844 12,294 118,128 147,528 Full-time Assistant General Manager 69.035 86.215 11,966 14,944 143,592 179,328 Full-time Chief Financial Officer/Director of Administrative Services 69.035 86.215 11,966 14,944 143,592 179,328 Full-time * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Board Appointee Group Compensation Hourly Salary Monthly Salary Annual Salary Effective Date Last Revised General Manager $113.361 $19,649 $235,792 4/1/2015 8/26/2015 Controller - Part-time position $86.833 $15,051 $180,612 4/1/2015 8/12/2015 General Counsel $101.996 $17,679 $212,152 4/1/2015 8/12/2015 36 35 35 36 46 39 40 40 41 41 41 42 43 43 43 43 39 59 51 59 48 51 51 51 51 51 48 51 Exhibit C NATURAL RESOURCES DEPARTMENT *Shared position with Real Property. Natural Resources Manager Sr. Resource Management Specialist (Vegetation Management) Resource Management Specialist I/II Resource Management Specialist I/II Resource Management Specialist I/II Natural Resources Intern (1/2 Time) IPM Coordinator Sr. Resource Management Specialist (Wildlife Management & Physical Sciences) Resource Management Specialist III Natural Resources Intern (1/2 Time) Sr. Finance & Accounting Technician* Attachment 2 R-15-132 Meeting 15-23 September 9, 2015 AGENDA ITEM 6 AGENDA ITEM Proposed Purchase of the Meyer/Connolly Property as an addition to Sierra Azul Open Space Preserve located off of Mt. Umunhum Road in unincorporated Santa Clara County (Assessor’s Parcel Number 562-22-041). GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in the staff report. 2. Adopt a Resolution authorizing the purchase of the Meyer/Connolly property. 3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report. 4. Indicate the intention to withhold dedication of the Meyer/Connolly property as public open space. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 38.97- acre Meyer/Connolly property (Property) at a purchase price of $1,200,000.00 as an addition to Sierra Azul Open Space Preserve (Preserve). The following report presents a description of the Property, a Preliminary Use and Management Plan, the District’s environmental review, the purchase terms and conditions, and financial considerations. The proposed purchase is identified as part of Measure AA Project # 23-1. The Fiscal Year (FY) 2015-16 Budget contains sufficient funds to cover the cost of this purchase. MEASURE AA The proposed purchase of the Property supports the goals of Measure AA Project #23-1 (Sierra Azul: Mt. Umunhum Road and Trail Property Rights) to secure additional property rights over Mt. Umunhum Road and as a desirable addition to the Preserve. DISCUSSION The Property is an in-holding in the 18,871-acre Sierra Azul Open Space Preserve and drains into the Guadalupe River watershed. The property is visible from Mt. Umunhum within the Preserve. The reasons for this purchase include advancement of the Measure AA Priority Project #23-1, strategic location for a possible employee residence, and the elimination of an in-holding within the Preserve. R-15-132 Page 2 Background On September 20, 1993 the District and Meyer/Connolly entered into a settlement agreement regarding a potential property overlap between District property and the Meyer/Connolly property (see Board Reports R-94-44 and R-90-02). As part of the settlement, the District purchased the overlapping property, a portion of the fee title property under Mt. Umunhum Road, and secured a Right of First Refusal over the remaining 38.97-acre property owned by Meyer/Connolly. Property Description and Regional Context (see attached map) The rectangular 38.97-acre Property consists of one legal parcel, situated in unincorporated Santa Clara County. Access to the property is from Mt. Umunhum Road. The property is approximately 0.6 miles west of the intersection of Mt. Umunhum Road and Hicks Road, and a quarter mile north of Bald Mountain and the Bald Mountain parking lot. Rising to approximately 2,040 feet in elevation, the property offers panoramic views of the Preserve, Santa Clara Valley, the Diablo Range, and the Santa Cruz Mountains. Situated within the Guadalupe River Watershed, the property drains into Jacques Gulch and then flows into the Almaden Reservoir. The landscape of the property consists of oak woodland and mixed chaparral, on a ridgeline above a steep canyon. Stands of oak woodland, including tanbark oak and canyon live oak, are dispersed over the property along with shrub lands of manzanita, chamise, and other plants associated with mixed chaparral. The property provides varied habitat for animals associated with the middle elevations of the Preserve, including large mammals such as deer, coyotes, bobcats, and mountain lions. A wide variety of bird species occupy and migrate through the general area. Land Use and Improvements The property has been used as a private residence going back to 1938. The Property is improved with a two-story main house that contains approximately 1,260 square feet. The original structure of the main house was constructed around 1938 before building permits were required, and several additions have occurred since without permits. The main house is in fair condition and it relies on a spring for water, solar power for electricity, propane for gas, and septic for sewer. There is also a garage/studio apartment structure on the property that was constructed in the 1990’s without permits. The studio apartment contains approximately 730 square feet and the garage contains 581 square feet. The garage/studio apartment structure is in good to fair condition and it also relies on the spring for water, solar power for electricity, propane for gas, and septic for sewer. Staff will further assess the structures to determine if there are any habitability or building code improvements needed as part of the mid-year budget process. USE AND MANAGEMENT Planning Considerations The Property is comprised of one legal parcel, located in unincorporated Santa Clara County, and outside the urban service area or sphere of influence of any incorporated municipality. The 38.97-acre parcel has a General Plan designation of Hillside, with a zoning designation of Hillside District (HS District). Per the Santa Clara County General Plan and zoning regulations, recreation, open space, and natural preserves are allowable uses in HS Districts. A finding of compliance with the General Plan for all open space acquisitions by the District in Santa Clara County was made by the Santa Clara County Planning Department in 1999. R-15-132 Page 3 If purchased, the Property would be incorporated into the Sierra Azul Open Space Preserve. Subsequent planning for the property would be coordinated with the District’s planning efforts for the Preserve and include consultation with appropriate agencies and organizations. The planning process would include public workshops to gather input on draft and final plans and further environmental review would be prepared as needed. Williamson Act Considerations The Meyer/Connolly property is subject to a Land Conservation Agreement between the County of Santa Clara and James F. Peckham under the California Land Conservation Act of 1965 (also known as the Williamson Act), recorded in 1975 (Contract #75.013). The Williamson Act Contract (Contract) is a voluntary agreement between a landowner and the County to encourage ongoing commercial agricultural use in exchange for a property tax reduction. The Contract also provides for the compatible uses of open space and recreation. Per the County of Santa Clara Planning Office’s database of Williamson Act Contracts, a Contract non-renewal was filed by the property owner with the County in July 16, 2007 (Recorded Document #19513083). The Contact will terminate on January 1, 2017. If the purchase is approved, the District will continue to comply with the Contract provisions during the non-renewal period until the Contract termination date. Preliminary Use and Management Plan The Preliminary Use and Management Plan (PUMP) establishes a status quo land management approach in the interim between the purchase and the completion of a subsequent long-term plan. The PUMP will take effect at the close of escrow and remain effective until the PUMP is amended or a Comprehensive Use and Management Plan or Preserve Plan is approved for Sierra Azul Open Space Preserve. The PUMP includes minor restoration and maintenance of the Property in its natural condition, as described more fully below. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Designate the Property as closed to public use at this time. Signs and Site Security: Fences and Gates: Roads and Trails: Patrol: Install preserve boundary and closed area signs, where appropriate. Install gates as necessary on the access road to prevent unauthorized vehicular entry. Remove internal fences and gates that impede patrol or wildlife movement. Maintain the access route through the site in a serviceable condition. Implement maintenance and minor erosion and sediment control measures in accordance with District standards. Routinely patrol property using existing access. Structures and Improvements: Evaluate the use of the existing structures as staff housing and use of the garage/shed structures for District equipment storage. If the existing improvements cannot be utilized, evaluate the replacement of the existing structures with a new District staff residence. R-15-132 Page 4 Resource Management: Conduct invasive plant and animal management activities consistent with the District’s Resource Management Policies. Wildfire Fuel Management: Implement standard District-wide fuel management and defensible space practices consistent with the District’s Resource Management Policies. Williamson Act Contract: Comply with the existing Williamson Act contract during the nonrenewal period. Name: Name the property as an addition to Sierra Azul Open Space Preserve. Dedication: Indicate the District’s intention to withhold dedication of the subject property as open space. CEQA COMPLIANCE Project Description The project consists of the purchase of the 38.97-acre Meyer/Connolly Property as an addition to the District’s Sierra Azul Open Space Preserve and concurrent adoption of a Preliminary Use and Management Plan, including minor maintenance and repair of the existing structures and infrastructure for rental occupancy. Minor erosion control and sediment control measures may be conducted at the developed sites and along existing driveways and roads to prevent erosion and water quality degradation. Minor resource management activities may be conducted to control invasive plants. The land would be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15301, 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows: Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The PUMP specifies no alteration or expansion of use at this time beyond activities associated with the repair and maintenance of the existing structures and infrastructure. Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural condition and the management plan proposes to keep the area in a natural condition. The PUMP specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest in the property in order to maintain the open space character of the site. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure that the open space will be preserved. The PUMP ensures that the property is preserved as open space by incorporating it into the Sierra Azul Open Space Preserve. R-15-132 Page 5 Section 15061(b)(3) exempts actions recommended in the PUMP as it has been determined that there is no possibility the recommended actions will have a significant effect on the environment. TERMS AND CONDITIONS The 38.97-acre Meyer/Connolly Property is proposed for purchase at a price of $1,200,000.00. The District holds a Right of First Refusal over the Property and this opportunity to purchase stems from that agreement. The price is considered fair and reasonable for a larger, useable property that is improved with a house, garage and studio apartment. The purchase price is also supported by the appraisal commissioned by the District. The Property would be purchased as-is on an all-cash basis. FISCAL IMPACT FY2015–2016 Budget for New Land Purchases: New Land Purchases Budget $11,000,000.00 Land approved for purchase this year ($7,640,000.00) Meyer/Connolly Property ($1,200,000.00) New Land Purchase Budget Remaining $2,160,000.00 The District Controller was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. BOARD COMMITTEE REVIEW This item was not presented to the Real property Committee because of the quick turn around schedule in the District’s Right of First Refusal. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property and interested parties have been mailed a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act has been provided. NEXT STEPS Upon approval by the Board of Directors, staff would proceed with the close of escrow for the purchase of the property by September 25, 2015, and take the next steps identified in the PUMP as contained in this report. The District’s South Area Outpost Field Office would manage the property as an addition to Sierra Azul Open Space Preserve. Attachments: 1. Resolution Authorizing Acceptance of Purchase Agreement, Authorizing General Manager or Other Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Meyer/Connolly) 2. Location Map R-15-132 Page 6 Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Senior Real Property Agent Graphics prepared by: Jaime Hawk, GIS Technician Attachment 1 RESOLUTION 15-__ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AND SALE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MEYER/CONNOLLY) 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 accept the offer contained in that certain Purchase and Sale Agreement between Catherine Meyer, a single Woman, and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President of the Board of Directors, General Manager, or other appropriate officer to execute the Agreement and all related transactional documents on behalf of the District to acquire the real property described therein (“the Meyer/Connolly Property”). SECTION TWO. The General Manager, President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. SECTION THREE. The General Manager or the General Manager’s designee is authorized to provide notice of acceptance to the seller and to extend escrow if necessary. SECTION FOUR. The General Manager or the General Manager’s designee is authorized to expend up to $10,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. SECTION FIVE. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents, which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ________, 2015, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attachment 1 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 2 !# !# !# !# !# Mt. Umunhum Area Santa ClaraOpen SpaceAuthority Rinc o n C r e e k H e r b e r t C r e e k Ala mitos C reek JacquesGulch Gua d a l u peCreek B a r r e t C r e ek Los Capitancillos C reek B a y A r e a R i d ge Trail Bald Mo u n t a i n T r a i l B a r l o w R o a d W o o d s T r a il Mt.Um u n hu m R o a d AlamitosRoad H ic k s R o ad BaldMountain Mt.Umunhum MineHill Midpeninsula RegionalOpen Space District August, 2015 Pa t h : G : \ P r o j e c t s \ S i e r r a _ A z u l \ M e y e r \ S A _ M e y e r _ B o a r d P a c k e t _ R e g i o n a l . 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 Meyer Property MountainView Cupertino San Jose UV9 UV680 UV880 UV17UV35 UV280 UV101 Area ofDetail Other Protected Open Spaceor Park Lands Meyer PropertyAPN 562-22-04138.97 Acres MR O S D B o u n d a r y Sp h e r e O f I n f l u e n c e Sierra AzulOpen Space Preserve Non MROSD Conservationor Agricultural Easement MROSD Conservationor Agriculture Easement Attachment 2 DATE: September 9, 2015 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Kevin S. Woodhouse, Assistant General Manager SUBJECT: Request for Subordination Relating to Proposed Refunding Bond Issue for the Las Pulgas Redevelopment Project Area (Menlo Park) _____________________________________________________________________________ On August 4, 2015, the District received a formal request (attached) from the City of Menlo Park to approve the City’s intent, acting as the Successor Agency to the Community Development Agency of the City of Menlo Park, to issue bonds to refund prior bond obligations and achieve debt-service savings. The District is a taxing entity for the above subject redevelopment project area, and under redevelopment law the redevelopment agency’s Successor Agency must seek authorization from each taxing entity in order to move forward with such actions. In this case, the redevelopment agency’s pass-through payments to the District had ended in 2004. However, by achieving debt- service savings, the Successor Agency expects to save approximately $145,000 annually or approximately $2 million over the remaining term of the bonds by 2031. This savings is expected to result in residual revenue available to taxing entities. Therefore, the District would commence receiving pass-through payments again, estimated at approximately $46,500 from 2016 to 2031, or an average of $2,700 annually. According to redevelopment law, in order to disapprove the subordination request, a taxing entity must find, based on substantial evidence, that the Successor Agency will not be able to make its debt-service payments and the required pass-through payments (currently $0 for the District). The Successor Agency has indicated it can make its debt-service payments and have residual dollars to disperse to taxing entities. Due to the net positive fiscal impact to the District from this refunding and that there does not appear to be substantial evidence that the Successor Agency wouldn’t be able to make its new bond payments plus its pass-through payment obligations, the General Manager plans to sign under his authority the Certificate of Approval requested by the Successor Agency. The District Controller and General Counsel have reviewed and support this course of action. If the Board has any concern with this course of action, please let the General Manager know immediately. City Manager's Office CITY OE MENLO PA August 4, 2015 Steve Abbors K General Manager Mid -Peninsula Regional Open Space 330 Distel Circle Los Altos, CA 94022 RE: Request for Subordination Relating to Proposed Refunding Bond Issue for the Las Pulgas Redevelopment Project Area Pursuant to Section 34177.5(c) of the California Health and Safety Code Dear Mr. Abbors: I am writing to you on behalf of the Successor Agency to the Community Development Agency of the City and of Menlo Park (the "Agency") pursuant to Section 34177.5(c) of the California Health and Safety Code (the "Code"). Under Section 34177.5(c) of the Code, the Agency may, with a taxing entity's approval (which must be granted except as provided below), subordinate amounts payable from property tax revenue (formerly tax increment revenue) of a redevelopment project area that the Agency is required to pay such taxing entity pursuant to Section 34183(a)(1) of the Code (the "Pass -through Payments") to bonds or other indebtedness issued or incurred by the Agency pursuant to Section 34177.5(a) of the Code for the same project area. At this time, the Agency is expecting to issue one or more series of bonds by December 31, 2015 (the "2015 Bonds") the debt service on which will be payable from property tax revenue derived from the Las Pulgas Community Development Project Area (the "Project Area"). The reason for issuing bonds is to refund prior obligations of the Agency in order to achieve debt service savings, as allowed by Section 34177.5(a)(1) of the Code. The savings analysis indicates that refunding of the bonds may save approximately $145,000 annually, or over $2 million over the remaining term of the bonds in 2031. Such savings may fluctuate with market conditions. On a net present value basis the savings could run between $820,000 and $1.6 million. By this letter, the Agency requests that the Mid -Peninsula Regional Open Space (the "Taxing Entity") agree to the subordination of Pass -through Payments that the Agency is required to pay the Taxing Entity in connection with the Project Area to the payment of debt service on the 2015 Bonds. The obligation of the Agency to make the Pass - Through Payment is set forth in the Agreement dated November 12, 1991, between the Taxing Entity and the Community Development Agency of the City of Menlo Park, as succeeded by the Agency. Since the Taxing Entity's pass through payments are already subordinate to the 2006 Bonds that will be refunded, the savings to be experienced by issuing the 2015 Bonds strengthens the ability of the Agency to meet its pass through payments. In addition, the additional savings will benefit your Taxing City of Menlo Park 701 Laurel St., Menlo Park. CA 94025 tel 650-330-6600 www.menlopark.org Entity by increasing the amount of residual revenue that is available. Subordination of your pass through payments also allows the Agency to get a better bond rating and lowers the interest rate on the transaction. Enclosed for your review, pursuant to Section 34177.5(c)(2) of the Code, is a tax increment revenue projection summary for the Project Area, which includes a debt service coverage analysis showing the maximum debt service for the 2015 Bonds prepared by the Agency's fiscal consultant for the 2015 Bonds, Fraser & Associates (the "Fiscal Consultant"), and its financial advisor for the 2015 Bonds, Public Financial Management, Inc. (the "Financial Advisor"). The Fiscal Consultant's and Financial Advisor's analysis shows that the Agency can reasonably expect to have sufficient funds available to pay both the payments that are expected to be due for the Bonds and all of the Agency's Pass -through Payments owed to the various affected taxing entities for the Project Area (shown under the column Negotiated Tax Sharing). As shown on the table, the Agency is expected have almost $3 million remaining after paying both debt service on the 2015 Bonds and meeting all of its pass through obligations. In the event that the Agency does not have sufficient funds to make the required Pass -through Payments in a given year, the Agency's obligation to make such payments shall continue and shall be paid for from the first available property tax revenues of the Agency not pledged to the payment of debt service on the 2015 Bonds. For the benefit of the Agency's records, please complete the enclosed Certificate of Approval and return it in the self-addressed envelope no later than September 18, 2015, as the Authority is planning on selling the 2015 Bonds soon thereafter. Please note that, in accordance with Section 34177.5(c)(e)(3) of the Code, if the Taxing Entity does not respond to the requested subordination within forty-five (45) days of this letter, the subordination will be automatically deemed approved by the Taxing Entity and such approval shall be final and conclusive. Furthermore, to disapprove this subordination, the Taxing Entity must find, based upon substantial evidence, that the Agency will not be able to pay the payments due on the 2015 Bonds and the Pass -through Payments that it is required to pay the Taxing Entity. Thank you in advance for your cooperation in this matter. If you have any questions regarding this matter, please do not hesitate to call the undersigned at 650-330-6615. Sincerely, Ark - Clay Curtin Assistant to the City Manager Enclosures cc: Stephen Melikian Donald Fraser Robert Gamble City of Menlo Park 701 Laurel Street Menlo Park, CA 94025 tol 650-330-6600 www.menlopark.org CERTIFICATE OF APPROVAL OF THE MID -PENINSULA REGIONAL OPEN SPACE The undersigned, of the Mid -Peninsula Regional Open Space (the "District") hereby certifies as follows: 1. That the undersigned is the duly appointed of the District and has the full power and authority to execute and deliver this Certificate. 2. That the undersigned has read and is familiar with that certain Fiscal Agreement between the District and the Community Development Agency of the City of Menlo Park, dated as of November 12, 1991 (the "Agreement"). 3. That, as provided in Section 2.4 of the Agreement, the Successor Agency to the Community Development Agency of the City of Menlo Park (the "Agency") has requested that the District acknowledge the subordination of its right to receive payments under the Agreement to the pledge of certain Tax Increment Revenues (as defined in the Agreement) to the payment of the Agency's 2015 Series A Tax Allocation Refunding Bonds (Las Pulgas Community Development Project Area) and 2015 Series B Taxable Tax Allocation Refunding Bonds (Las Pulgas Community Development Project Area) to be issued in the aggregate principal amount of not to exceed $75,000,000, including payments with respect to any related agreements such as credit enhancement instruments and similar arrangements (the "Bonds"), and has demonstrated to the reasonable satisfaction of the District its ability to make payments due to the District under the terms of the Agreement after the issuance of the Bonds. 4. That, pursuant to the Agreement, the Agency has provided timely notice of the issuance of the Bonds. Dated: MID -PENINSULA REGIONAL OPEN SPACE By: Name: Title: Tabl e Menlo Park S ucce ssor Ag ency Las Pulga s Project Ar ea PROJECTION OF INCREM ENT AL TAX RE VENUE (000's Omitted) Value T otal Pr operty E stimated AB 1290 Negoti ated Fiscal Real (1) N ew (2) Other (3) Total Over B ase Of Tax (4) Unitary (5) Tax T ax Admin. Tax Bond Ta x (7) Tax (8) N et Tax Ye ar Pro perty Devel opm ent Prop erty Val ue 597,394 Incr ement Reven ue I ncr ement F ees ) R even ue Debt Serv . Sh ari ng Sharing Incr ement 2014 - 2015 51,110,572 N/A 5119,643 $1,230,214 $1,132,821 611 ,328 588 511,416 $ 2015 - 2016 1,132,761 0 119 .643 1,252 ,404 1,155,010 11 ,550 88 11,638 2016 - 2017 1,155,416 0 119,643 1,275 ,059 1,177,665 11 ,777 88 11,865 2017 - 2018 1,178,524 0 119,643 1,298,167 1,200,774 12,008 88 12,096 2018 - 2019 1,202,095 0 119,643 1,321 738 1,224,344 12,243 88 12,331 2019 - 2020 1,226,137 0 119,643 1,345,780 1,248,386 12,484 88 12,572 2020 - 2021 1,250,659 0 119,643 1,370,302 1,272,909 12,729 88 12,817 2021 - 2022 1,275,673 0 119,643 1,395,316 1,297,922 12,979 88 13,067 2022 - 2023 1,301,186 0 119,643 1,420,829 1,323,435 13,234 88 13,322 2023 - 2024 1,327,210 0 119,643 1,446,853 1,349,459 13,495 88 13,583 2024 - 2025 1,353,754 0 119,643 1,473,397 1,376,003 13,760 88 13,848 2025 - 2026 1, 380,829 0 119,643 1,500,472 1 ,403,078 14,031 88 14 ,119 2026 - 2027 1, 408,446 0 119,643 1,528,089 1,430,695 14,307 88 14,395 2027 - 2028 1,436,615 0 119,643 1,556,257 1,458,864 14,589 88 14 ,677 2028 - 2029 1, 465,347 0 119,643 1,584, 990 1,487,596 14,876 88 14 ,964 2029 - 2030 1, 494,654 0 119,643 1,614,297 1,516,903 15,169 86 15 ,257 2030 - 2031 1, 524,547 0 119,643 1,644,190 1,546 ,796 15,468 88 15,556 2031 - 2032 1,555,038 0 119,643 1,674,681 1,577,287 15,773 88 15,861 20 $11,297 $5,566 $45 $2,735 2,951 22 11,516 5,429 53 2,795 3,239 24 11,740 5,754 61 2,858 3,067 27 11,969 5,701 70 2,922 3,276 29 12,202 5 ,641 78 2,988 3 ,495 32 12,440 5,601 87 3,055 3 ,697 34 12,683 5,530 96 3,174 3,883 37 12,930 5,464 105 3,246 4,115 39 13,183 5,367 115 4,211 3 ,490 42 13,440 5,297 124 4,304 3 ,715 45 13,703 5,215 134 4,400 3,954 48 13,971 5,148 144 4,499 4,180 51 14,244 5,055 154 4,600 4,436 54 14,523 4,971 165 4,704 4,684 57 14,807 4,890 175 4,810 4 ,932 60 15,097 4,793 186 4,920 5,198 63 15,393 197 5,054 10,142 66 15,695 208 5,160 10.327 Cumu lativ e Ta x Inc re men t 241,799 1,584 243,384 2,548 240,836 85,421 2,198 70,435 82,782 (1) Prior Y ear Real Pro perty inc reased by 1. 998 percen t in 2015.16 a nd then by 2 perce nt per year . (2) No Ne w De velopme nt included in a nalysis. (3) Includes the value of secure d and unsecured pe rsonal prope rty, and state -as sessed railroa d and non -unitary property. (4) Base d on the applicatio n of 1% tax rates to incrementa l taxable va lue. (5) County estimate fo r 2014-15. (6) Per SB 2557, reflects Project A rea share of Coun ty's property ta x administra tive costs. (7) AB 1290 pa yme nts to those taxing entities that do n't have agree ments. (8) Payments per ta x sharing agreements with certain taxing entities, inc luding County. County pa yment estimated to incre ase to full share in 2021-22 per pro visio ns of the agreement. Frase r Asso ciates tisum Debt S ervice Co verage Table for S ubordinati on 7/30/201 5 From:Jennifer Woodworth Subject:Agenda Questions for 9/8/15 Meeting Date:Wednesday, September 09, 2015 9:02:36 AM Attachments:2010.10.27.Bergman_Purchase_r_10-115.pdf 2010.10.27.a.BergmanAreaMap.pdf Good morning all, Please find the answers below for questions submitted regarding tonight’s meeting. Please remember that you can still submit questions before tonight’s meeting to provide a head’s up to staff in case additional research needs to be completed. Thank you! Jen Claims - item 10702 - can you remind where/what is Bergman Property? The 14 + acre Bergman property improved with several residences was purchased in 2010 at a price of $1,700,000. The property was financed with a five (5) year promissory note in the amount of $850,000 covering half of the overall purchase price. The Terms and Conditions section on page 6 discusses the purchase financing. The final principal payment of $850,000 is scheduled for November 30, 2015. The Board report and map from the 2010 purchase are attached. Item 3 - Herb Grench bench. $11,500 is proposed for the bench. How much more would it cost for a more distinctive bench? The cost for a custom bench can vary substantially depending on the type of bench and materials used, and may range from an additional $7,000 to $15,000. The cost would further increase if the services of an outside contractor to custom-build the bench onsite are needed. In order to accommodate a custom bench, the District would need to select a custom bench style and evaluate the amount of additional grading that would be needed prior to either ordering materials or entering into a contract for construction. Note that this additional work would very likely require us to move the dedication event out to the spring/summer of next year to provide sufficient time for construction and to steer clear of inclement weather, thus missing the scheduled October 27 event date. The current proposal is for a pre-manufactured bench with a back rest and plaque that would be delivered to the District ready for installation and require minimal digging and small concrete footings to secure the bench to the ground. Staff also did consider a potential pre-manufactured circular bench for the site to take advantage of the 360 degree views, but determined that the style was too modern for the location, out of character for the site, and could not accommodate a back rest or a suitable location for a plaque, and therefore returned to a standard bench as the recommended bench type. The additional cost for this type of bench would have been approximately $7,500. Item 4 - creek overlook construction. Who does the geo-technical evaluation for safety in installations like this - is it a consultant (who)? The geotechnical evaluation for safety will be completed by a consultant. We have contracted with Cornerstone Earth Group, a geotechnical engineering firm that has been part of the project team. Scott Fittinghoff from Cornerstone will be out on site during the post hole drilling activities to assess the competency of the bedrock for the safety railing. Jennifer Woodworth, CMC District Clerk jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. R-10-115 Meeting 10-29 October 27, 2010 AGENDA ITEM 6 AGENDA ITEM Approve the purchase of the Bergman Trust property as an addition to the Russian Ridge Open Space Preserve, located at 20000 Skyline Boulevard, Woodside, California (San Mateo County Assessor’s Parcel Number 080-330-080); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Bergman Trust (Bergman) property. 3. Adopt the attached Resolution authorizing issuance of the Promissory Note for the Bergman property acquisition. 4. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Russian Ridge Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 14.25- acre Bergman property at a price of $1,700,000 plus an additional $170,000 in interest payments on a five (5) year promissory note, for a total purchase cost of $1,870,000. The following report presents a description of the Bergman property, Coastside Protection Plan process, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions, and financial considerations. DISCUSSION The 14.25-acre Bergman property is located four (4) miles east of the Town of La Honda in unincorporated San Mateo County, high on the west-facing slopes of Russian Ridge. The property is a remnant inholding located within Russian Ridge Open Space Preserve R-10-115 Page 2 approximately ½ mile west of Skyline Boulevard (see attached map). The property is accessed via an unpaved private drive off of Skyline Boulevard (Highway 35) that serves a handful of private properties and also provides patrol access (but not public access) into the northern area of the Preserve. The property is located within the District’s Coastal Protection Area, an area that was annexed into the District boundaries in 2004. Prior to the purchase, the District requested confirmation from the County of San Mateo that the purchase was in conformity with the County’s General Plan. At its December 10, 2008 meeting, the San Mateo County Planning Commission had determined that the purchase was in conformity. The District’s Real Property Committee held a meeting on the property (within the District’s Coastside Protection Area) in order to acquaint the Committee, neighbors, and interested parties with the property, and to receive public input into the proposed purchase. This meeting was held on October 5, 2010 after notice was distributed to property owners of land located adjacent to or near the subject property, coastside public officials, community interest groups, and government agencies within the Coastside Protection Area. At the Real Property Committee meeting, staff described the property and explained how the property would be a natural extension of the adjacent Preserve. After Committee discussion, a brief tour of the property improvements followed. The Committee voted to forward their recommendation of purchasing the property to the full Board of Directors for consideration at a future Board meeting. The purchase of the Bergman property would improve the District’s ability to patrol and manage Russian Ridge Open Space Preserve, protect the Preserve from further development impacts, and create the opportunity for the future extension of the Alder Springs Trail toward the currently closed northwestern portion of the Preserve. Property Description (see attached map) The Bergman property slopes from east to west and consists of rolling grasslands, steep forested slopes, and lush creek corridors. Situated close to the ridgeline, the property possesses impressive scenic watershed views. Several small tributaries to Mindego Creek occur on the property. A year-round spring supports a lush riparian corridor lined with large alder trees. With a varied mosaic of grasslands, chaparral, oak and riparian woodlands, the property provides a rich resource for many wild animals, including wildlife such as coyotes, bobcats and dusky- footed woodrats, a wide variety of raptors and passerines, and potentially amphibians attracted by the year-round spring. Originally inhabited by Native Americans, the property eventually became the manager’s complex for the historic summer home and ranch owned by Mayor (and Governor) James "Sunny Jim" Rolph, Jr., of San Francisco (portions of which are now part of Russian Ridge and Skyline Ridge Open Space Preserves). R-10-115 Page 3 Existing Structures and Improvements The Bergman family purchased the property in 1946 and three generations of the family have lived there, occupying the compound with four houses and numerous ranch outbuildings. Most of the structures and improvements likely preceded current zoning and building controls, although some of the structures have been more recently altered/enlarged without County permits. These improvements consist of the following: Name Size Age Main House Two story, 1,600 sq. ft, 2 bedrooms, 1 bath 1970s Guest House One story, 600 sq. ft., 1 bedroom, 1 bath (no kitchen) 1920s Carriage House / Apartment One story, 400 sq. ft.,1 bedroom, 1 bath 1920s Old House One story, 1,000 sq. ft., 2 bedrooms, 1 bath 1920s Granny’s House One story, 900 sq. ft., 2 bedrooms, 1 bath 1954 Stable / Tack Room / Storage 1920s Garage / Storage 1920s The Main House, Guest House, Apartment, and Old House are organized around a common garden courtyard. The Seller occupies the Main House and Guest House. The Apartment is leased to the Seller’s property caretaker. The Old House and Granny’s House are leased to two separate tenants. All buildings are surrounded by lush gardens and fruit trees, which provide an amenity as well as an irrigated fuel break. The property has a year-round reliable spring. The property’s water systems currently collect water from the spring and pipe it to a tank system for use in the homes and gardens. No water treatment infrastructure is present. All residences have adequate septic and leach field systems. Electricity and propane gas is also available. USE AND MANAGEMENT Planning Considerations The Bergman property is located in an unincorporated rural area of San Mateo County within the District’s Coastal Protection Area, and is zoned Resource Management (RM). The property consists of one legal parcel and has a potential density of one residential site. The parcel is adjacent to one developed private residential inholding, but is otherwise surrounded by District lands. Replacement of the existing residences with a larger modern structure(s) would be feasible if the property was not purchased by the District. Staff carefully considered the factors contained in the District’s Policies Regarding Improvements on District Lands, and concluded that the best use of the Bergman property’s existing improvements continues to be as residences for the existing tenants. On-going residential use is complementary to the management objectives of the Preserve, compatible with R-10-115 Page 4 the open space character of the site, and is the quickest, most cost-effective way to manage the property since the current occupants are most familiar with its maintenance needs. The 1993 San Gregorio Creek Adjudication Decree No 355792 does not allot any adjudicated water rights to the Bergman property. The property has one diversion point indicated on the State Water Resources Control Board map. Preliminary Use and Management Plan (Next Steps) The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for Russian Ridge Open Space Preserve. The Preliminary Use and Management Plan represent a status quo approach to management. The property will be maintained in its current condition with no changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use. Signs and Site Security: Review and install closed area, preserve boundary and private residence signs where appropriate. Structures and Improvements: Continue to lease all residences. Evaluate use or disposition of the remaining outbuildings consistent with District policy. Conduct a historic resources assessment prior to removing any structures. Install appropriate water treatment infrastructure. Maintain the water and sewer systems in working order. Resource Management: Conduct invasive plant and animal management activities consistent with the District’s standard policies and procedures. Patrol: Routinely patrol the property. Wildfire Fuel Management: Further assess vegetative communities on the property to determine wildfire management needs. Maintain appropriate defensible space clearances around residential improvements. Roads and Trails: Maintain existing roads and driveways in immediate vicinity of the improvements in a serviceable condition according to District standards. Coastside Service Plan: Operate and manage the property in conformity with the provisions of the Service Plan for the Coastside Protection Area. Site Safety Inspection: There are no known safety hazards on the site. R-10-115 Page 5 Name: Name the property as an addition to Russian Ridge Open Space Preserve. Dedication: Withhold dedication of the property as public open space. Review dedication status as part of the subsequent planning process. Subsequent Planning: Analyze opportunities for public access, the potential extension of Alder Springs Trail, as well as natural and cultural resource management. Subsequent planning should be done in accordance with the Coastside Protection Program Service Plan, including consultation with appropriate agencies and organizations. The planning process should include public workshops to gather input, and public hearings to review draft and final plans. Prepare further environmental review as needed. CEQA COMPLIANCE Project Description The project consists of the purchase of a 14.25-acre property as an addition to Russian Ridge Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and will be maintained in its current condition. The existing residences will continue to be leased. In accordance with the Coastside Service Plan, the project incorporates all of the Coastside Environmental Impact Report (EIR) mitigation measures that apply to land purchases within the Coastside Protection Area and is subject to the EIR mitigation monitoring program. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act(CEQA) under Article 19, Sections 15301, 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The property will be closed to the public; minor management activities will occur; existing roads will be maintained according to District standards and the existing residences will be leased and maintained in a habitable condition. Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specified that the land will not be developed further and will remain in its current natural condition. R-10-115 Page 6 Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space by incorporating it into Russian Ridge Open Space Preserve. The acquisition qualifies under all four sections and is also exempt under section 15061(b)(3), as there is no possibility the recommended actions may have a significant effect on the environment. TERMS AND CONDITIONS The 14.25 acre Bergman property is being purchased at price of $1,700,000 as a residentially improved property. The purchase price is considered fair and reasonable in this market area and is supported by independent fair market appraisals commissioned by the District and seller. The purchase price is to be paid as $850,000 in cash at the close of escrow and $850,000 as an unsecured promissory note paid in quarterly interest payments over five years at a tax free interest rate of 4% per annum. Interest payments for this note will total $170,000 over five years. This tax free interest rate was established in consultation with the District’s bond underwriter and bond counsel, and is considered market rate for this type of note. At the end of the five year note term, the final principal payment of $850,000 will be paid to the seller. The property is being purchased on an “As-Is” basis and staff has conducted thorough due diligence investigations and an inspection of the property. Staff has inspected the property and reviewed the San Mateo County’s property records and files and is satisfied that no underground storage tanks or hazardous waste exists on the property. As a condition of the purchase agreement, the seller has been very cooperative in removing vehicles, equipment, furniture, miscellaneous items and debris including hazardous waste such as tires, fuel and paint containers located at the garage. The District has the right to withhold $5,000 in escrow to ensure that the removal of these items is completed prior to the close of escrow. Staff will inspect the site clean up work and verify this work is completed to the District’s satisfaction prior to releasing this amount. At the close of escrow, the District will enter into three residential month-to-month rental agreements with the existing tenants and the seller. One rental agreement will include the Main House, Guest House and Carriage Apartment as a rental complex to be shared by the seller, the apartment tenant, and the occasional occupant of the guest house. The tenant of the carriage house apartment has been a caretaker for the Bergman property for over three years performing maintenance of the spring fed water system, minor structure repairs, brush and fire break clearance, clearing of culverts and ditches along the access road and other such maintenance duties. As part of this rental agreement, the caretaker will continue to be responsible for such maintenance services in lieu of rent. More significant repairs of the structures or infrastructure R-10-115 Page 7 will require prior approval of the District. The other two rental agreements will cover the current tenants occupying the Old House and Granny’s house, respectively. Income from these three rental agreements will total $4,000 a month or $48,000 in annual rental income to the District’s Property Management program. The month-to-month residential agreements will be entered into under the General Manager’s authority. BUDGET CONSIDERATIONS 2010–2011 Budget for New Land Purchases: New Land $15,000,000 Land purchased this year ($ 3,825,000) Bergman Property ($ 1,700,000) New Land Purchase Budget Remaining $ 9,475,000.00 Current Coastside Protection Area Fiscal Considerations Though surrounded by the Russian Ridge Open Space Preserve, the 14.25-acre Bergman property is located in the Coastside Protection Area and is subject to the Agreement between San Mateo County and the Midpeninsula Regional Open Space District (Regarding Fire Services) and the Agreement between the La Honda-Pescadero School District and the Midpeninsula Regional Open Space District. As part of the County Fire Agreement, the District would normally pay annual fees to San Mateo County Fire Department for fire services that are not currently provided with the State Responsibility Area of CalFire. However, since the property’s improvements will be rented for private residential purposes under the District’s Property Management program and therefore would be subject to County possessory interest tax payable by the tenants, the agreement waives the Fire Services Fee. As part of the School District Agreement, the District will pay the School District an annual fee of $364.25. The School District services fee will increase 2% annually. Under the School District agreement, possessory interest tax payments by the District’s private tenants reduce the School Service fees due accordingly. The Coastside Protection Program included a Fiscal Analysis conducted by Economics Research Associates confirming the feasibility of implementing that Program. To ascertain whether the conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched the specific site conditions and expected costs associated with the proposed purchase and subsequent management of the property. This site assessment indicated that acquisition and management costs for the Bergman property are expected to be consistent with the Fiscal Analysis projections. Furthermore, staff assessed the costs associated with this project and compared them to the Controller’s most recent 15-year projections of cash flow, property tax revenue, and operating expenses. Staff therefore concludes that purchasing and managing this property will not result in any significant impact to the District’s existing services, and that the District has the resources to sustain this project. R-10-115 Page 8 PUBLIC NOTICE Property owners, District tenants, residents of land located adjacent to or along the same access road as the subject property, and attendees at the October 5, 2010 Real Property Committee meeting, were sent a copy of the agenda for this public meeting at which the Board of Directors will consider this purchase. Agenda subscribers, Coastside public officials, community-interest groups, media, conservation-oriented organizations, government agencies and government- sponsored organizations within the Coastside Protection Area have also been mailed a copy of the agenda. The agenda and this report have been made available on the District’s website. Accordingly, all notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District’s Skyline Field Office will manage the property as an addition to the Russian Ridge Open Space Preserve in accordance with the adopted Preliminary Use and Management Plan and the Coastside Service Plan. At the close of escrow, month-to month residential Rental Agreements with the existing tenants will be executed under the General Manager’s authority. Attachments: Resolutions (2) Map Prepared by: Michael Williams, Real Property Manager Sandy Sommer, AICP, Senior Real Property Planner Contact person: Michael Williams, Real Property Manager Graphics prepared by: Casey Cleve, GIS Coordinator RESOLUTION 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE PRESERVE - LANDS OF BERGMAN) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Barbara S. Bergman Trust U/D October 3, 1995 and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein (“the Bergman Property”). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed(s) on behalf of the District. Section Three. The General Manager or the General Manager’s designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost-justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District’s practice to buy property with its general funds and, when a tax-exempt financing is cost-justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of $1,700,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Bergman Property that are paid before the date of issuance of the obligation. ***************************************************************************** RESOLUTION NO. 10 -XX RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the District wishes to finance acquisition of real property to be used for open space (the “Property”) from Barbara S. Bergman Trust U/D October 3, 1995 (the “Seller”); and WHEREAS, the Seller has agreed, as consideration for the sale of the Property to the District, to accept a promissory note (the “Note”) from the District; and WHEREAS, pursuant to Public Resources Code Section 5544.2, the Note must be authorized by a resolution adopted by the affirmative votes of at least two-thirds of the members of the Board of Directors of the Maker; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Note, as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California. NOW, THEREFORE, BE IT RESOLVED by the Midpeninsula Regional Open Space District, as follows: Section 1. Recitals True and Correct. The District hereby finds and declares that the above recitals are true and correct. Section 2. Approval of the Note. The President is hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver the Note, and the Secretary is hereby authorized and directed, for and in the name and on behalf of the District, to attest the President’s signature to the Note. The Note shall be executed in the form on file with the Secretary, together with such additions thereto or changes therein as are recommended or approved by the President, upon consultation with counsel to the District; provided that no additions or changes shall authorize an aggregate principal amount in excess of $850,000.00, an interest rate in excess of 4% per annum or a maturity date later than December 10, 2015. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of the Note by the President and its attestation by the Secretary. Section 3. Official Action. All actions taken by the officers and agents of the District with respect to the purchase of the Property and the issuance of the Note are hereby approved, confirmed and ratified, and the proper officers of the District, including the President and the Secretary, are hereby authorized and directed, for and in the name and on behalf of the District, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Note in accordance with this Resolution. Section 4. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. 0 0 N f0 c0 0 0 E 0 0 0 0 E 0 0 m 0 0 0 SF YOUTH AUTHORITY AUDUBON SOCIETY Bergman Property 14.25 acres COAL CREEK OPEN SPACE PRESERVE SKYLINE RIDGE OPEN SPACE PRESERVE Proposed Addition of Bergman Property, Russian Ridge Open Space Preserve MROSD Other Protected Open Space or Park Lands Other Public Agency —_'I Coastside Protection Area Boundary Non -Profit Land MI Bergman Property e Midpeninsula Regional Open Space District October 2010 0 0.25 0.5 Miles