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HomeMy Public PortalAbout20161026 - Agenda Packet - Board of Directors (BOD) - 16-26 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 Wednesday, October 26, 2016 Special Meeting starts at 5:30 PM* Regular Meeting starts at 7:00 PM* A G E N D A 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – STUDY SESSION ROLL CALL 1. Project Delivery Process Overview (R-16-135) Staff Contact: Ana Ruiz, Assistant General Manager General Manager’s Recommendation: No action required. 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. 1. Approve October 12, 2016 Minutes Meeting 16-26 2. Approve Claims Report 3. Award of Contract to Randazzo Enterprises, Inc. to Complete the Driscoll Ranch Remediation and Demolition Project (Project) at La Honda Creek Open Space Preserve for a Base Amount Not-to-Exceed $231,742 and a Separate 10% Contingency (R-16-136) Staff Contact: Aaron Hébert, Water Resources Specialist and Matt Brunnings, Capital Project Manager General Manager’s Recommendation: 1. Authorize the General Manager to enter into a contract with Randazzo Enterprises, Inc. of Castroville, CA, for a not-to-exceed base amount of $231,742 to complete the Project. 2. Authorize a 10% construction contract contingency in the amount of $23,174 to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $254,916. 4. Contract Authorization for Integrated Pest Management Implementation along the Roads and Trails at Bear Creek Redwoods OSP (R-16-121) Staff Contact: Coty Sifuentes-Winter, IPM Coordinator General Manager’s Recommendation: 1. Authorize the General Manager to enter into a contract with Ecological Concerns, Inc. of Santa Cruz, California in the amount not to exceed $37,000 to provide services to implement the Integrated Pest Management Plan for vegetation restoration along the Roads and Trails at Bear Creek Redwoods Open Space Preserve in Fiscal Year 2016-17. 2. Authorize the General Manager to extend the above contract in the amount not to exceed $37,000 per year in Fiscal Years 2017-18 through 2019-20 to provide services to implement the Integrated Pest Management Plan for vegetation restoration along the Roads and Trails at Bear Creek Redwoods Open Space Preserve if the Board approves this funding in the future budgets. 3. Adopt a Resolution approving a budget adjustment/increase in the amount $37,000 to the Fiscal Year 2016-17 District budget to fund the project. 5. Contract Amendment for Water Engineering and Consulting Services (R-16-131) Staff Contact: Aaron Hébert, Water Resources Specialist General Manager’s Recommendation: 1. Authorize the General Manager to execute a contract amendment with Wagner & Bonsignore Engineers for additional services related to water systems and water rights in the amount of $45,000 in Fiscal Year 2016-17. 2. Authorize the General Manager to extend the above contract in the amount not to exceed $40,000 in Fiscal Year 2017-18 to provide additional services related to water systems and water rights if the Board approves this funding in the FY2017-18 budget. 6. Award of Contract to Butano Geotechnical Engineers, Inc., for Geotechnical Engineering Quality Control Observation and Testing Services in support of the Mount Umunhum Road Rehabilitation Project (R-16-137) Staff Contact: Zachary Alexander, Capital Project Manager II General Manager’s Recommendation: 1. Authorize the General Manager to enter into a professional services contract with Butano Geotechnical Engineers, Inc., in the amount of $79,890 to perform third party quality control geotechnical observation and testing in support of the Mount Umunhum Road Rehabilitation Project at Sierra Azul Open Space Preserve. 2. Authorize a 10% contract contingency in the amount of $7,989 to be reserved for additional investigation, observation, and testing due to changes in construction scope or unforeseen conditions, for a not-to-exceed total contract amount of $87,879. 7. Update to the Annual Review of Restricted, Committed, Assigned, and Unassigned Reserves and Reserve Amounts (R-16-138) Staff Contact: Stefan Jaskulak, Chief Financial Officer General Manager’s Recommendation: Adopt a resolution amending the Fund Balance Policy to authorize (1) a $5 million increase in the Infrastructure Fund for the Administrative and Field Offices, and (2) adjust the minimum Unassigned Fund Balance to 30% of Budgeted General Fund Tax Revenue, instead of a fixed dollar amount and (3) provide flexibility to repay unassigned reserve fund spending to a cap of 5% of Budgeted General Fund Tax Revenue. 8. Revise a Resolution to Accurately Reflect Board Appointee Compensation in Response to California Public Employees’ Retirement System Public Agency Review (R-16-139) Staff Contact: Candice Basnight, Human Resources Supervisor General Manager’s Recommendation: Adopt a resolution to supersede resolutions which did not include language required by CalPERS to accurately reflect Employer Paid Member Contributions as special compensation for Board Appointees. 9. Contract to Provide Fence Installation Work at the Skyline Ridge Open Space Preserve (R- 16-133) Staff Contact: Elaina Cuzick, Senior Property Management Specialist General Manager’s Recommendation: 1. Authorize the General Manager to enter into an agreement with Hammer Fence, for a total contract amount not to exceed $73,122.75 to provide fence installation work at the Skyline Ridge Open Space Preserve for riparian resource protection from the cattle grazing operation. 2. Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA). 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. 10. Consideration of San Mateo County Farm Bureau Request for Indemnification of Grazing Tenants and Request for Meeting with Board Members (R-16-140) Staff Contact: Brian Malone, Land and Facilities Services Department Manager General Manager’s Recommendation: 1. Affirm continued use of standard grazing lease language that requires District grazing tenants to indemnify the District. 2. Review a draft Board response letter to the Farm Bureau and direct the General Manager to revise if necessary and send. 11. Fiscal Year 2016-17 Quarter 1 District Budget Amendments (R-16-134) Staff Contact: Nicole Gonzales, Finance & Budget Analyst II General Manager’s Recommendation: 1. Adopt a resolution approving the proposed FY2016-17 Quarter 1 District Budget amendments. 2. Adopt a resolution approving the administrative budget cleanup for the previously approved Petersen property purchase. 12. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee Controller (R-16-141) Board Contact: Director Siemens, Board Appointee Evaluation Committee Chair Board Appointee Committee’s Recommendation: As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the Controller for Fiscal Year 2016-17: Adjust the Controller’s annual salary to $42,900 plus a one-time merit pay bonus of $2,300. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. 13. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Counsel (R-16-142) Board Contact: Director Siemens, Board Appointee Evaluation Committee Chair Board Appointee Committee’s Recommendation: As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Counsel for Fiscal Year 2016-17: Adjust the General Counsel’s base salary upward to $222,760 plus a one-time merit pay bonus of $10,600. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. 14. Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Manager (R-16-143) Board Contact: Director Siemens, Board Appointee Evaluation Committee Chair Board Appointee Committee’s Recommendation: As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Manager for Fiscal Year 2016-17: Adjust the General Manager’s base salary upward to $247,600, plus a one-time merit pay bonus of $12,000. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. 15. Appointment of Unopposed Candidates in Wards 3, 4, and 7 (R-16-144) Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager General Manager’s Recommendation: Adopt resolutions appointing the following unopposed candidates: J. Edmond (Jed) Cyr, Jr. as Ward 3 Director to a four-year term; Curtis R. Riffle as Ward 4 Director to a four-year term, and Cecily Harris as Ward 7 Director to a four-year term. INFORMATIONAL MEMORANDUM • Proposed Changes to the Process for Appointing District Peace Officers and Redesign of the District Rangers’ Badge 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 *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and available for review on October 21, 2016, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC District Clerk R-16-135 Meeting 16-26 October 26, 2016 STUDY SESSION AGENDA ITEM 1 AGENDA ITEM Project Delivery Process Overview GENERAL MANAGER’S RECOMMENDATION No required action. SUMMARY An informational presentation will provide the Board of Directors with an overview of the Midpeninsula Regional Open Space District’s (District) Project Delivery Process (PDP) that was developed in 2015 and internally adopted on January 2016. DISCUSSION In August, 2014, the Board of Directors (Board) approved a contract with Management Partners to kick-off the Financial and Operational Sustainability Model (FOSM) Study, in part, to evaluate District workflow processes and identify options to accelerate the completion of high priority projects. A careful review of the District’s project delivery process was particularly important given the following: 1. The 2012 Board-approved Strategic Plan, which recalibrated the District by balancing implementation of the three-part mission (to preserve open space, restore natural resources, and provide for ecologically-sensitive public access), generated a sense of urgency and greater pressure to deliver more resource management and public access projects. 2. The 2014 Board-approved Vision Plan significantly increased the District’s visibility and generated a high level of public participation and vested interest in District projects. 3. Voter approval of Measure AA, the $300 Million General Obligation Bond Measure, resulted in an executed “contract” between the public and District whereby the District is now committed to carrying out the 25 Top Tier Vision Plan Portfolios within 30 years. The FOSM noted that the old project delivery model, which the District had been implementing for over 40 years, was until recently appropriate given that the agency had been functioning as a small-scale organization whose primary focus was land acquisition. However, this model could no longer serve the District well moving forward. In particular, the FOSM identified the following concerns that raised serious doubt about the District’s ability to successfully ramp up and manage the added Measure-AA funded project workload: R-16-135 Page 2 1. Lack of an established, uniform, and shared project delivery approach that is common among all District project managers that allows for a well-articulated and standardized path for project delivery from inception to completion. 2. Project delivery teams that were organized on an ad-hoc basis. 3. Projects managed using a “cradle to grave” approach where the same project manager developed the preliminary project scope and design, and also followed through with construction management. To address the issue, the FOSM recommended that a new, District-wide and standardized project delivery approach be developed that increases staff efficiencies and leverages staff abilities by assembling project teams and dividing the workload in accordance to staff skill and expertise: FOSM Recommendation 3 Convene internal stakeholders to develop a refined, comprehensive project delivery approach that ensures proper oversight, clarity of roles, prioritization, predictability, and follow-through. Such an approach should move away from a generalist model with a single project manager carrying the project through to completion to a team-based, specialist model that enables multiple technical experts to move the project forward. In response, the District embarked on a six-month effort starting in June of 2015 to develop a new Project Delivery Process (PDP). This work included three full day workshops with over 15 key staff from seven departments who lead and/or support District projects. Together, the group developed the PDP, and transcribed the process into a detailed PDP Flow Chart (Attachment 1) and accompanying Team Ownership and Roles Table (Attachment 2). Project Team, Department Manager, and Executive Team Roles and Commitments were defined to clarify roles, responsibilities, expectations, and accountabilities. Moreover, basic project management tools, including templates for Project Team Meeting Agendas and Minutes, Project Planning, and Project Closeouts were also created. The process and support tools were adopted in January, 2016 and two trainings were held later that same year for other District project managers who were not formally involved in the development of the PDP. A New, Comprehensive Project Delivery Process (PDP) The District’s new PDP requires staff to delineate project scope, cost, schedule, staffing, staff capacity, risk factors, goals and objectives, third party agreements, regulatory issues, public input, and project leads through the life of the project, along with the appropriate project lead hand-off points. Critical to this approach is the fact that the project lead changes over the life of the project, depending on what skills and expertise are most needed at each project phase. As a result, the PDP ensures that the necessary resources to move projects forward are assessed and set aside, that risks are anticipated early and addressed, and that schedules and budgets reflect careful project planning. The PDP requires that a project team be formed at the start of each new project, with designated leads to carry specific phases of the project through to completion. Each project lead transfers responsibility for project management at the completion of their phase of implementation (i.e., from a lead in project planning to a lead in engineering and construction). Each project team member remains involved through to the end. This approach ensures that all key departments remain actively involved in project execution while one department holds “ownership” during a R-16-135 Page 3 specific period of time, thereby ensuring that institutional and technical subject matter knowledge is retained and accessible throughout the life of each project. In this way, the entire team has a stake in the success of the project. The new PDP approach provides multiple benefits, as it: 1. Retains a high degree of organizational collaboration. The comprehensive review of projects from start to finish requires that representatives from all departments that need to be involved are at the table in the initial planning phase. Project leads and project team members are clearly identified along with their respective roles and responsibilities early in the project’s life cycle. 2. Promotes clear and continuous communications throughout the project’s life cycle. The comprehensive approach allows for proper “hand-off” of a project from one lead to another lead, with clear communication of roles and responsibilities to facilitate effective and efficient decision-making. Communications horizontally as well as vertically within the organization are needed to ensure successful delivery of each project. 3. Improves quality and quantity of information exchanged. The PDP improves the quality and quantity of information exchanged throughout the organization on any given project. This allows team members to anticipate and incorporate their project responsibilities in individual work plans. More importantly, establishing a shared understanding of the project, team members, timing, and roles and responsibilities reduces reprioritization of work, improves the focus on project management, and ensures alignment amongst all project team members. 4. Mobilizes problem-solving and trouble-shooting resources. The comprehensive approach to project delivery assembles a cadre of problem-solving and trouble-shooting resources led by a technical expert that has the greatest experience and knowledge during each phase of work to facilitate problem-solving. Delivering projects comes with anticipated and unanticipated issues. This approach provides adaptive and responsive resources to problem solving related to scope, budget, and scheduling, and quickly puts projects back on course. Designing project solutions also has the benefit of potentially leveraging lessons learned from concurrent and past work. 5. Ensures priority setting is held by the Board, key project implementation decisions are held at the Executive level, and day-to-day project management decisions are held with the Project Team. The Board of Directors at their annual January Strategic Plan retreat set the overarching District-wide goals and objectives for the upcoming fiscal year. A month later in February, at the Priority Setting retreat, the Board of Directors confirm the specific project priorities that will further the updated Strategic Plan goals for inclusion into the upcoming annual Action Plan. The Executive Team (General Manager, Assistant General Managers, and Chief Financial Officer) then work with the Department Manager to confirm the project scope, schedule, budget, and staffing allocations. Once these are reviewed and approved, and the project is initiated, the Project Team takes ownership of the day-to-day project management decisions, thereby empowering the team to move the project forward. Throughout the life the of the project, the Project Team keeps the various Department Managers and Executive Team informed of project progress, status, and potential risks to allow for quick response of potential issues. This model ensures that the priorities are set by the policy makers, the project framework is set by the Executive Team, and day-to-day problem solving is handled by the Project Teams. Any issues affecting the approved project framework go back to the Executive Team for clarity or additional R-16-135 Page 4 direction. Likewise, any issues that affect the established priorities go back to the full Board for potential reconsideration. The purpose of the October 26, 2016 Study Session is to provide the full Board of Directors with an overview of the District’s new PDP. As part of the overview, several current projects will be discussed to illustrate how the PDP is working, and to reveal early lessons learned during this first year of adoption. FISCAL IMPACT None. BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. PUBLIC NOTICE Notices were posted as required by the Brown Act. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Staff will continue to implement the Project Delivery Process and will periodically evaluate and consider potential adjustments to further improve and streamline the process. Attachments 1. Project Delivery Process Flow Chart 2. Team Ownership and Roles Responsible Department Manager: Steve Abbors, General Manager Prepared by: Ana M. Ruiz, AICP, Assistant General Manager Attachment 1. Project Delivery Process Flow Chart Real Property Planning Engineering and Construction Natural Resources Operations External Agencies Property owners Conception Planning Delivery Close / Implement Public Affairs Pre-acquisition assessment (including property and water rights) Acquisition Preliminary Use and Management Plan (PUMP) Regional Plans1 Feasibility study Conceptual design Project scoping Preliminary design Final design Building Permits2 Permits Biological Cultural Hydrological Environmental Inspections BID awards Construction Close out Construction Opening/ ribbon cutting Monitor / inspect (on-going ) Local and County State and Federal Agencies (Army Corps of Engineers) County or City Community engagement Environmental mitigation Site plan LAFCO Regional Partners Building Inspection Provides support throughout - General public information - Website posting and updates - Workshop support as needed - Media relations / talking points 1 Vision Plan / Regional plans are used to inform acquisition strategy and may include master plans and preserve plans 2 Initiation of Grading Permit may be sooner in the planning phase, depending on the project *Blue boxes indicate primary role and white boxes indicate supporting role ** Reflects team roles only . Board decision points not shown. Provide input on regional plans Provide input on regional plans Provide input on final design Provide input on environmental mitigation Provide input on project scoping Provide input on PUMP Provide input on PUMP Provide consultation through life of project Provide input on operational impacts throughout CEQA Ground breaking Community Engagement Provide input on project scoping Provide input on project scoping Consult with external agencies Provide input for CEQA Pre-conception activities: Team formation, inter-departmental scoping, GIS input and analysis Post-closeout activities: Team debrief discussion, complete lessons learned template, celebrate success, information on completed facilities provided to GIS NPDS Provide input on draft designs/ engineering documents Land-use permits Attachment 2 Team Ownership and Roles Project Delivery Process Real Property, Planning, Engineering and Construction, Land and Facilities, Natural Resources, Public Affairs Departments Primary Roles Secondary Roles Real Property 1.Land and Easement Purchase 2.Develop Preliminary Use and Management Plans (PUMPs) 1.Provide input on regional plans 2.Consult as needed through life of project Planning 1.Regional Planning 2.Community Engagement 3.Site Plan Feasibility Study 4.Project Scoping 5.Preliminary Design 6.CEQA 7.Land Use Permits 1.Provide input on PUMPs 2.Provide input on final design Engineering and Construction 1.Final Design 2.CEQA Mitigation implementation 3.Building Permits 4.BID Award 5.Construction 6.Building Inspection 7.Close Out 1.Provide input on regional plans 1.Provide input on PUMPs 2.Provide input on constructability during project scoping and preliminary design Natural Resources 1.Environmental Permits (including biological, cultural and hydrological) 2.Environmental Surveys/Inspections 3.Environmental Monitoring on an on-going Basis 1.Provide input on regional plans 2.Provide input on PUMPs 3.Provide input on CEQA 4.Consult with departments on land disturbance Land and Facilities Services 1.In-house Crew Construction 2.Programming related to District facilities, including tenant structures and facilities 1.Provide input on regional plans 2.Provide input on operational impacts 3.Provide input on PUMPs 4.Opening/Ribbon cutting Public Affairs 1.Public information support (website, workshops, media relations, talking points, outreach) 2.Ribbon cutting events October 12, 2016 Board Meeting 16-25 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 October 12, 2016 DRAFT MINUTES SPECIAL MEETING – CLOSED SESSION President Kishimoto called the special meeting to order at 6:30 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 Counsel Hilary Stevenson, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: Fee Title Santa Clara County Assessor’s Parcel Number 575-11-021 & Access Easement over Black Berry Hill Road, Portion of Santa Clara County Assessor’s Parcel Number 532-25-051 Agency Negotiator: Allen Ishibashi, Senior Real Property Agent Negotiating Party: Bagher Navid, Property Owner Under Negotiation: Exchange Agreement Public comments opened at 6:30 p.m. No speakers. Public comments closed at 6:30 p.m. The Board convened into closed session. President Kishimoto adjourned the special meeting at 6:55 p.m. Meeting 16-25 Page 2 REGULAR MEETING President Kishimoto called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. Assistant General Counsel Hilary Stevenson reported that in closed session, and the Board directed staff to bring the agenda item forward in open session. 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, Chief Financial Officer/ Administrative Services Director Stefan Jaskulak, Assistant General Counsel Hilary Stevenson, District Clerk/Assistant to the General Manager Jennifer Woodworth, Real Property Manager Mike Williams, Senior Real Property Agent Allen Ishibashi, Public Affairs Manager Shelly Lewis ORAL COMMUNICATIONS No speakers. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda. VOTE: 7-0-0 CONSENT CALENDAR Public comment opened at 7:02 p.m. No speakers. Public comment closed at 7:02 p.m. Motion: Director Harris moved, and Director Riffle seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 1. Approve September 28, 2016 Minutes 2. Approve Claims Report Meeting 16-25 Page 3 3. Award of Contract with Pro-West and Associates, Inc. for the Enterprise GIS Planning and Implementation Project (R-16-124) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a multi-year professional services contract with Pro-West and Associates, Inc. to plan and implement an enterprise geographic information system for a not-to-exceed base contract amount of $152,000. 2. Authorize an 8% contingency of $13,000 to cover unforeseen requirements, for a not-to- exceed total contract amount of $165,000. 3. Authorize an allowance of $68,000 to cover custom application development in FY2017- 18 IF the District is satisfied with consultant performance in the current fiscal year. 4. Contract Amendment for Highway 17 Wildlife Passage Structures and Bay Area Ridge Trail Crossing to Prepare a Project Initiation Document (R-16-126) General Manager’s Recommendation: Authorize the General Manager to amend a contract with TrailPeople, located in Benicia, California, adding $138,200, plus a 30% contingency in the amount of $41,460 to be reserved to meet additional analyses if requested by Caltrans, for a total not-to-exceed amount of $299,660, to prepare the Caltrans Project Initiation Document required to advance the Highway 17 Wildlife Passage Structures and Bay Area Ridge Trail Crossing Project (Project) through the next phase. 5. Update of the District’s Classification and Compensation Plan in Response to California Public Employees’ Retirement System Public Agency Review (R-16-125) General Manager’s Recommendation: Adopt a resolution establishing the structure of the Classification and Compensation Plan for Midpeninsula Regional Open Space District Employees and supersede resolutions which are inconsistent. BOARD BUSINESS 6. Proposed Agreement to Exchange Interests in Real Property between the Bagher and Kefayat Navid Trust (Navid) and the Midpeninsula Regional Open Space District (District) for property located along Hicks Road in unincorporated Santa Clara County (APN: 575-11-021) in exchange for an access easement over Blackberry Hill Road located in Sierra Azul Open Space Preserve (APN: 532-25-051). (R-16-127) Senior Real Property Agent Allen Ishibashi presented the staff report describing the location of the Navid property and the owner’s need for an access easement over Blackberry Road. Mr. Navid has proposed a property located along Hicks Road in exchange for an access easement over Blackberry Hill Road. Mr. Ishibashi described the proposed terms and conditions of the exchange and the General Manager’s recommendation. President Kishimoto inquired regarding potential District costs to maintain Blackberry Hill Road. Mr. Ishibashi explained that the costs for increasing the size of current vehicle turnouts on Blackberry Hill Road would not be paid by the District. Public comment opened at 7:18 p.m. Meeting 16-25 Page 4 No speakers. Public comment closed at 7:18 p.m. Motion: Director Harris moved, and Director Siemens seconded the motion to: 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 Agreement to Exchange Interests in Real Property between the District and Navid at a cost of $39,000 with a corresponding authorization for a budget adjustment/increase of the same amount. 3. Adopt the Preliminary Use and Management Plan for the exchange property. 4. Withhold dedication of the Navid exchange property as public open space at this time. VOTE: 7-0-0 7. Resolution in Support of Measure K by the San Mateo County Board of Supervisors (R-16-128) Public Affairs Manager Shelly Lewis described San Mateo County Measure K and summarized applicable Board policy related to Board support or endorsement of measures or propositions. Ms. Lewis introduced San Mateo County Supervisor Don Horsley to describe Measure K and its possible benefits to the District. San Mateo County Supervisor Don Horsley explained Measure K is an extension of Measure A approved by voters in 2012, which continues to fund enhancements to open space throughout San Mateo County. Passage of Measure K would create a reliable funding source for future San Mateo County affordable housing projects. Supervisor Horsley explained lower income residents are being displaced, so the county is also looking at other methods to preserve affordable housing in addition to the proposed funds from Measure K. Director Hassett spoke in favor of Measure K and the need for affordable housing in San Mateo County. President Kishimoto asked if farm worker housing could be funded by Measure K. Supervisor Horsley stated Measure A does help fund farm worker housing. Public comment opened at 7:38 p.m. No speakers. Public comment closed at 7:38 p.m. Motion: Director Hassett moved, and Director Harris seconded the motion to adopt a resolution in support of a 20-year, ½-cent sales tax extension, put forth by the San Mateo County Board of Supervisors on the ballot for the November 8, 2016 statewide general election. VOTE: 7-0-0 Meeting 16-25 Page 5 8. Resolution in Support of Measure A by the Santa Clara County Board of Supervisors (R-16-129) Public Affairs Manager Shelly Lewis described Santa Clara County Measure A and summarized applicable Board policy related to Board support or endorsement of measures or propositions. Ms. Lewis introduced the Yes on A Volunteer Outreach and Communications Manager Alex Lin to describe Measure A and its possible benefits to the District. Mr. Lin described Santa Clara Measure A explaining that if approved the funds will be used to build housing for homeless residents, low-income seniors and working families, and first time homebuyer assistance programs. Mr. Lin spoke regarding the high cost of housing in Santa Clara County and the difficulty for middle and low income families to find affordable housing. Public comment opened at 7:52 p.m. No speakers. Public comment closed at 7:52 p.m. Director Hanko spoke in favor of endorsing Measure A. Director Siemens stated he was interested in additional information related to specific projects to be funded by Measure A and asked if it would be spent on capital improvements. Director Harris inquired how the items came to attention of the District. General Manager Steve Abbors explained he directed staff to bring the items before the Board because he felt it was important for the Board to be aware of the items and determine whether it would like to support the measures. Motion: Director Riffle moved, and Director Hanko seconded the motion to adopt a resolution in support of the bond measure put forth by the Santa Clara County Board of Supervisors on the ballot for the November 8, 2016 statewide general election. VOTE: 7-0-0 9. Resolution in Support of National Monument Status Designation for Cotoni-Coast Dairies. (R-16-130) Public Affairs Manager Shelly Lewis provided the staff presentation describing the Califonira Coastal National Monument Expansion Act, which seeks to add six land-based “gateways” to the California Coastal National Monument. The Sempervirens Fund is helping lead the campaign to include the Cotoni-Coast Dairies lands as part of an expansion of the existing California Coastal National Monument. Ms. Lewis described the biodiversity and the local habitats and historical and cultural resources of the Cotoni-Coast Dairies lands. Jaqueline Wender Board President for the Sempervirens Fund spoke in favor of establishing a Cotoni-Coast Dairies National Monument. Meeting 16-25 Page 6 Public comment opened at 8:12 p.m. No speakers. Public comment closed at 8:12 p.m. Motion: Director Hanko moved, and Director Riffle seconded the motion to adopt a resolution in support of the establishment of a Cotoni-Coast Dairies National Monument as part of an expansion of the existing California Coastal National Monument. VOTE: 7-0-0 INFORMATIONAL REPORTS A. Committee Reports Director Harris reported the Planning and Natural Resources Committee met on October 6th related to dog access at El Sereno Open Space Preserve. President Kishimoto reported on meetings of the Diversity and Board Retreat ad hoc committees. District Clerk/Assistant to the General Manager Jennifer Woodworth reported the Board Appointee Evaluation Committee met on October 4th. B. Staff Reports Assistant General Manager Kevin Woodhouse reported he will be attending a meeting of the Santa Cruz Mountain Stewardship Network tomorrow to discuss permit coordination and streamlining, stewardship awareness tours, the role of science in the organization’s work, responsible practices related to cannabis cultivation, etc. Assistant General Manager Ana Ruiz reported on a meeting with members of San Mateo County staff regarding ongoing projects. Ms. Ruiz also provided updates on several projects, including the La Honda Driscoll Ranch demolitions and work at the Mount Umunhum summit, including drainage work along Mount Umunhum Road and approval of the trail bridges by the California Department of Fish and Wildlife. Chief Financial Officer/Administrative Services Director Stefan Jaskulak provided an update on the Measure AA Bond Oversight Committee reporting they toured several current and future District projects. Staff was able to provide insight into various aspects and phases of the District’s projects. Additionally, Mr. Jaskulak provided a preview of upcoming fiscal items that will be before the Board at the next Board meeting. General Manager Steve Abbors reported District staff attended a field trip with Peninsula Open Space Trust staff to Cloverdale Ranch and suggested Board members consider a Board field trip to the area. Meeting 16-25 Page 7 C. Director Reports The Board members submitted their compensatory reports. Director Harris reported her attendance at a Committee for Green Foothills event and will be attending the Good Morning Redwood City event held by the Redwood City Chamber of Commerce. Director Riffle reported his attendance at the Sierra Club’s awards dinner for Lennie Roberts. Directors Siemens, Cyr, and Hassett reported their attendance at a Committee for Green Foothills event. President Kishimoto reported her attendance at a Committee for Green Foothills event and reported she toured Teague Hill Open Space Preserve. ADJOURNMENT President Kishimoto adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:37 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk page 1 of 5 CLAIMS REPORT MEETING 16-26 DATE 10-26-2016 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 73520 11709 - D-LINE CONSTRUCTORS, INC.Mt Um Summit Public Access Improvements Construction through 9/30/16 10/19/2016 499,747.50 73481 *10161 - CalPERS FISCAL SERVICES DIVISION - DB Pension Unfunded Accrued Liability Jul, Aug, Sep 2016 10/12/2016 144,655.33 73517 11583 - CLARK EQUIPMENT COMPANY DBA BOBCAT COMPANY Bobcat Tractor with additional Implements 10/19/2016 124,011.58 73487 10094 - RESTORATION DESIGN GROUP, INC.Mount Umunhum Summit Area Design Consultant 10/12/2016 88,518.57 73508 11369 - BANK OF THE WEST COMMERCIAL CARD USA $41.19 Lunch Meeting -Abbors & Val Lopez 10/19/2016 52,482.89 $164.62 Books, Office Supplies, and Field Supplies $245.98 Background Investigations Training & Vehicle Exp. $983.04 Weed Symposium, Pesticide training, Field Supplies $4,360.41 Planer ($3,673.29), Tools, Radios $1,907.81 Generator Service ($1,119.94), SFO Field Supplies $392.72 Website and Internet Expenditures $1,241.77 Permit Fee, Flea Control, $1026.74 Smoke Alarms $77.21 Uniform items $1,061.68 Vol. Recog Event supplies; Snake food; Docent mtg $5,224.41 WC Medical, Legal Ads, Office Supplies, meeting food $978.21 Volunteer Supplies/Equipment/VRE $1,503.59 Event Catering, office supply, newspapers, name badges $508.26 3 Restroom door locks $561.96 Book, Refund, County Fees, Weed Symposium, Legal Ad $121.67 Screen Door Repair, hardware $547.45 Software Purchases $3,416.92 - 2 Months AO internet ($2,916.54), misc. IT hardware $15.43 Book on Transfer of Developmentt rights $1,307.24 County Permit ($1,232.24), Dropbox subscription $-719.80 NWS unused Conf. ($-1,495.00), GFOA Training, Conf. Air Fare $4,497.31 Gates ($1,788), Toolbox for truck ($2,649), Field supp. $801.58 Patrol Bikes parts/maintenance, supplies $1,509.60 Commuter Check employee benefit provider $1,595.00 Digital Marketing Training $4,476.56 - 250 MROSD Mugs ($3,132), VRE supplies, VRE photographer $695.00 Adobe Illustrator Training $27.56 Office supply & parking for event $449.79 FFO office repair $209.1 Trail Protector Membership, Interview Panel Lunch $1,091.88 Office Supplies, Kitchen Supplies, Meeting Beverages $995.37 VRE supplies, General Supplies, Trail Patrol Vests $1555.25 CA Invasive Plant Council Conf.($950), Repairs, Supplies $130.12 Recruiting interview panel expenses $203.40 Interview panel/Investigations Training meals $12.46 SFO water tank service parts $1,960.99 Uniform items/WC prescription ($1,788) $98.68 Uniform items page 2 of 5 CLAIMS REPORT MEETING 16-26 DATE 10-26-2016 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount $1,500.38 Ergonomic, training, safety supplies $213.30 Field Supplies, Native Plants for Mt. Umunhum $702.62 Muni Clerks membership, training reimbursement $2,810.18 Monitors, video conf system(1,058), hardware $251.06 Books, Board Meeting Food $1,332.72 SRE & Recruiting expenditures $571.13 Public Agency Risk Mgmt Conference 2017 $397.98 VRE, Docent, Training, Meeting Supplies $47.08 Local Business Meeting Lunch $92.87 ICMA Conference travel expenditures $195.00 Int'l Institute of Municipal Clerks Membership $117.13 Office supplies 73516 *10161 - CalPERS FISCAL SERVICES DIVISION - DB Pension Unfunded Accrued Liability Oct 2016 10/19/2016 45,626.91 73489 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender False Brome Control Contract Services July, August 2016 10/12/2016 29,288.26 73507 11148 - BALANCE HYDROLOGICS, INC.Bear Creek Pond Management Plan 10/19/2016 28,850.34 73528 11712 - HeartSmart.com Purchase of 19 Portable AEDs 10/19/2016 20,669.00 73562 10112 - TIMOTHY C. BEST Hendry's Creek Restoration - Design/Implementation 10/19/2016 9,927.50 73480 10082 - PATSONS MEDIA GROUP Printing and Mailing of 14,156 Mt. Um Postcards 10/12/2016 7,505.93 73565 10216 - VALLEY OIL COMPANY Fuel for District vehicles 10/19/2016 7,390.54 73561 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Employee AD&D, LTD, Life Insurance 10/19/2016 6,579.18 73523 10546 - ECOLOGICAL CONCERNS INC Invasive species management - District wide 10/19/2016 6,336.00 73557 11477 - SCA ENVIRONMENTAL INC.Hazmat Surveys of 20 Structures in LHC OSP 10/19/2016 6,049.00 73539 10073 - NORMAL DATA Contract Work: Contact, Incidents, Permits, Training Databases 10/19/2016 5,580.00 73563 10146 - TIRES ON THE GO Tire Replacement - 6 Vehicles 10/19/2016 5,344.21 73466 10524 - ERGO WORKS 6 Ergonomic Chairs 10/12/2016 4,187.56 73495 11651 - STRATEGIC PRODUCTS & SERVICES, LLC TIme and Materials Sharepoint Build 10/12/2016 4,125.00 73500 *11118 - WEX BANK Fuel for District vehicles 10/12/2016 4,015.55 73538 11536 - MTECH HVAC Repair, HVAC Quarterly Maintenance - AO 10/19/2016 3,923.75 73471 10222 - HERC RENTALS INC Bull Dozer rental 7/31/16 - 8/30/16 10/12/2016 3,539.81 73545 *10212 - PINNACLE TOWERS INC Tower rental - Skeggs Point October, November 2016 10/19/2016 3,360.42 73559 10447 - SIMMS PLUMBING & WATER EQUIPMENT Hot Water Heater - WH, Water Tank Gauge Installation - LHC, Spring Box Maint. - TC 10/19/2016 3,054.69 73547 *11184 - PURCHASE POWER - PITNEY BOWES POSTAGE AO POSTAGE 10/19/2016 3,025.00 73506 11538 - APPLIED MATERIALS AND ENGINEERING Mt Um Trail Bridges Concrete Placements 10/19/2016 2,950.00 73490 10697 - SANDIS Mt Um Topo Survey and Staircase Layout 10/12/2016 2,800.00 73492 11403 - SANTA ROSA JUNIOR COLLEGE/ACCOUNTING Santa Rosa Ranger Academy Registration 10/12/2016 2,573.00 73519 11520 - COMMUNITY INITIATIVES Latino Outdoors Project Partnership 10/19/2016 2,500.00 73530 10123 - HOME DEPOT CREDIT SERVICES Building Materials, Hardware 10/19/2016 2,246.49 73479 10190 - METROMOBILE COMMUNICATIONS 3 Portable Radios 10/12/2016 2,238.25 73526 11612 - GOODWIN CONSULTING GROUP, INC.GO bond tax rate/disclosure services 10/19/2016 2,083.75 73535 10189 - LIFE ASSIST 30 CPR masks 10/19/2016 2,033.69 73514 10840 - CALIFORNIA PENSION GROUP, LLC Consulting - August, September 2016 10/19/2016 2,000.00 73498 *10786 - U.S. BANK EQUIPMENT FINANCE Copier lease payment for all offices 10/12/2016 1,877.04 73454 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease Oct 2016 10/12/2016 1,804.00 page 3 of 5 CLAIMS REPORT MEETING 16-26 DATE 10-26-2016 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 73529 10222 - HERC RENTALS INC PCR Equipment rental ride on roller 10/19/2016 1,793.05 73493 10585 - SOL'S MOBILE AUTO & TRUCK REPAIR, INC.Vehicle 5000 Mile Service: 7 Vehicles 10/12/2016 1,756.32 73510 11539 - BELZ CONSTRUCTION Electrical Work - WH 10/19/2016 1,600.00 73537 11572 - MESITI-MILLER ENGINEERING INC.Structural Evaluation - Bear Creek Stables 10/19/2016 1,500.00 73461 11318 - CONFLUENCE RESTORATION Mindego Gateway Planting & Landscape Maintenance 2016-17 10/12/2016 1,434.50 73496 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)10/12/2016 1,358.35 73524 10524 - ERGO WORKS Ergonomic desk and installation 10/19/2016 1,233.31 73463 11699 - DAKOTA PRESS Printing of Windy Hill maps 10/12/2016 1,203.36 73501 **10203 - WOODSIDE & PORTOLA PRIVATE PATROL Patrol services for Hawthorn property - WH 10/12/2016 1,200.00 73465 10038 - ERGO VERA Ergonomic Evaluations 10/12/2016 1,191.30 73560 10107 - SUNNYVALE FORD P82 Battery and misfire repair 10/19/2016 1,177.68 73518 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 10/19/2016 1,172.00 73542 10082 - PATSONS MEDIA GROUP MROSD Regulations (150 copies), 3,000 Dog Owners brochures 10/19/2016 1,161.45 73464 11725 - ENTERPRISE RENT-A-CAR COMPANY Vehicle Rental 8/25/16 - 9/24/16 10/12/2016 1,131.30 73478 11463 - MARLENE EYRE Accommodations at Ranger Academy 10/12/2016 1,075.00 73521 11699 - DAKOTA PRESS Printing of 2,000 Thornewood maps 10/19/2016 1,057.30 73502 10001 - AARON'S SEPTIC TANK SERVICE Septic Tank Services - PCR 10/19/2016 995.00 73566 11388 - WAGNER & BONSIGNORE Water Rights Reporting for San Gregorio & BCR 10/19/2016 906.75 73460 11171 - COMMUNICATION ADVANTAGE Public Affairs Strategic plan assistance 10/12/2016 787.50 73494 10302 - STEVENS CREEK QUARRY INC Rock to surface trail to Turtle Rock -- LR 10/12/2016 782.31 73499 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP) 9/17/16 - 10/14/16, (SA) 9/17/16 - 10/14/16 10/12/2016 781.64 73457 11264 - BENDLIN FIRE EQUIPMENT CO., INC.36 Safety Vests 10/12/2016 756.00 73513 10289 - CAL-LINE EQUIPMENT INC SFO Chipper Service M18 10/19/2016 740.94 73527 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSA), SAO 10/19/2016 738.47 73567 11586 - WH DEMPSEY ENGINEERING Septic Tank Excavation - LHC 10/19/2016 700.00 73453 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt Um Summit Construction 10/12/2016 660.00 73458 10011 - BILL'S TOWING SERVICE Vehicle Towing - 3 incidents 10/12/2016 630.00 73551 10589 - RECOLOGY SOUTH BAY Recycling 10/19/2016 565.92 73504 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt Um Summit Construction 10/19/2016 554.63 73543 11129 - PETERSON TRUCKS INC.M15 Trailer Repair 10/19/2016 551.19 73462 10185 - COSTCO Keyboards, Mice, Office Supplies 10/12/2016 534.58 73568 11656 - WILLIAMS SCOTSMAN, INC.Construction Trailer Rental - Mt Um Summit 10/19/2016 497.64 73533 11041 - INTERSTATE ALL BATTERY CENTER - SILICON VALLEY 10 Radio Rechargeable Batteries 10/19/2016 489.27 73554 11479 - ROOTID District Website Maintenance 10/19/2016 472.50 73473 10394 - INTERSTATE TRAFFIC CONTROL PRO Vehicle Safety (SA)10/12/2016 443.70 73485 10176 - RE BORRMANN'S STEEL CO Sign and Gate Parts 10/12/2016 425.23 73484 11727 - RAVENSWOOD CITY SCHOOL DISTRICT Facility Rental for 11/16/16 Board Meeting 10/12/2016 420.00 73515 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)10/19/2016 419.02 73550 10176 - RE BORRMANN'S STEEL CO Metal Vehicle Equipment 10/19/2016 403.77 73470 11608 - GOVERNMENT JOBS Job advertisement - CPM III, Planner II 10/12/2016 350.00 73531 10043 - HOWARD ROME MARTIN & RIDLEY LLP Legal services for Mahronich vs Presentation Center - BCR 10/19/2016 342.20 73482 *10180 - PG & E Monthly Electricity Service - LHC 10/12/2016 327.74 73553 *10093 - RENE HARDOY 09/16 Gardening Services 10/19/2016 325.00 page 4 of 5 CLAIMS REPORT MEETING 16-26 DATE 10-26-2016 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 73555 10151 - SAFETY KLEEN SYSTEMS INC SFO parts clearner quarterly service 10/19/2016 311.24 73455 11048 - ARC Sears Ranch Road Project Large Format Printing 10/12/2016 304.95 73475 10189 - LIFE ASSIST First Aid Supplies 10/12/2016 291.44 73459 11563 - CHAN, WARREN New World ERP Conference Travel Expenditures 10/12/2016 285.73 73512 10328 - BRUSH ROAD CORPORATION Annual Dues Road Maintenance (BCR)10/19/2016 280.00 73558 11559 - SIFUENTES-WINTER, JONATHAN Reimbursement for Safety Boots and Rat Traps 10/19/2016 262.51 73488 10151 - SAFETY KLEEN SYSTEMS INC Parts Washer Service (FFO)10/12/2016 216.40 73468 10174 - FORESTRY SUPPLIERS INC Uniform Supplies 10/12/2016 211.53 73511 11338 - BIEBER, CYDNEY Mileage and Parking Reimbursement 10/19/2016 208.50 73509 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Legal Ad - BCR Ponds 10/19/2016 208.38 73452 11575 - ADLAO, DAMON Private Vehicle Expenses for District Business 10/12/2016 188.87 73474 11326 - LEXISNEXIS Online Legal Subscription September 2016 10/12/2016 188.84 73477 10260 - LUND PEARSON MCLAUGHLIN Fire Sprinkler Inspection - AO 10/12/2016 180.00 73469 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)10/12/2016 173.63 73525 11151 - FASTENAL COMPANY Hardware (SA-MT UM), Tools for FFO 10/19/2016 166.24 73546 *10261 - PROTECTION ONE AO2, AO3, AO4 MONTHLY ALARM SERVICES 10/19/2016 164.85 73467 11151 - FASTENAL COMPANY SFO Nuts & Bolts 10/12/2016 135.46 73486 *11526 - REPUBLIC SERVICES Monthly garbage services - ECM 10/12/2016 118.73 73548 10299 - RANCHO COBBLER & CLEANER Uniform Supplies 10/19/2016 112.00 73540 10670 - O'REILLY AUTO PARTS Vehicle Supplies 10/19/2016 111.05 73505 *10294 - AMERIGAS-SAN JOSE Propane Tank Service - ECM 10/19/2016 86.11 73556 *10136 - SAN JOSE WATER COMPANY Water service for rental - ES 10/19/2016 83.19 73476 10911 - LLOYD, JOHN Cell Phone Reimbursement May-Aug 2016 10/12/2016 80.00 73497 10162 - TERMINIX PROCESSING CENTER AO PEST CONTROL 10/12/2016 80.00 73483 *10261 - PROTECTION ONE AO ALARM SERVICES 10/12/2016 79.55 73569 00000 - Ryder, Ashley Reimbursement for Live Scan Background Check 10/19/2016 71.00 73491 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services August 2016 10/12/2016 69.00 73552 11625 - Reiter, Heather Mileage Reimbursement 10/19/2016 67.50 73534 11729 - KHARE, RUTUJA New World Conference Expense 10/19/2016 64.00 73472 10455 - HUGG, IANTHINA Cell Phone Reimbursement Jul-Sep 2016 10/12/2016 60.00 73541 10080 - PALO ALTO MEDICAL FOUNDATION Medical Services - HR Dept.10/19/2016 54.00 73536 10440 - LOS ALTOS HARDWARE Hardware Supplies (FFO)10/19/2016 51.69 73532 10421 - ID PLUS INC Uniform Name Tags 10/19/2016 50.00 73456 10183 - BARRON PARK SUPPLY CO INC SFO wood shop wiring hardware 10/12/2016 41.33 73522 11210 - DATA SAFE AO Shredding Services 10/19/2016 40.00 73503 10240 - ACE FIRE EQUIPMENT & SERVICE INC First Aid Equip Service 10/19/2016 35.00 73549 *10134 - RAYNE OF SAN JOSE Water Service (FOOSP)10/19/2016 27.25 73564 10165 - UPS Shipping charges 10/19/2016 16.60 73544 *10180 - PG & E Monthly Electricity Service - WH 10/19/2016 10.50 GRAND TOTAL 1,184,733.73$ page 5 of 5 CLAIMS REPORT MEETING 16-26 DATE 10-26-2016 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount *Annual Claims **Hawthorn Expenses BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space 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 PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle R-16-136 Meeting 16-26 October 26, 2016 AGENDA ITEM 3 AGENDA ITEM Award of Contract to Randazzo Enterprises, Inc. to Complete the Driscoll Ranch Remediation and Demolition Project (Project) at La Honda Creek Open Space Preserve (Preserve) for a Base Amount Not-to-Exceed $231,742 and a Separate 10% Contingency. GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Randazzo Enterprises, Inc. of Castroville, CA, for a not-to-exceed base amount of $231,742 to complete the Project. 2. Authorize a 10% construction contract contingency in the amount of $23,174 to be reserved for unanticipated issues, thus allowing the total contract amount not-to-exceed $254,916. SUMMARY A Request for Bids for the Project was issued on September 26, 2016. One bid proposal was received and opened on October 17, 2016 at 11:00AM. The Project scope of work was approved by the Board of Directors in two phases, first as part of the La Honda Creek Master Plan in 2012, and most recently at the September 14, 2016 regular Board meeting (R-16-112). The General Manager recommends awarding a contract to the lowest responsive and responsible bidder, Randazzo Enterprises, Inc., for a total not-to-exceed amount of $254,916. This amount includes a contingency of 10% to cover unforeseen conditions, including hazardous materials, which could be encountered during completion of the contract work. Funds for this work are provided through Measure AA, and included in the Fiscal Year (FY) 2016-17 Budget. MEASURE AA A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting and includes Portfolio #7, La Honda Creek: Driscoll Ranch Public Access, Endangered Wildlife Protection and Conservation Grazing”, with a total allocation of $14.825 Million. This project (#7-7, La Honda Creek Demolitions and Restorations) supports the removal of hazardous structures and debris to prepare the Preserve for public access. As such, these costs are eligible for Measure AA reimbursement. DISCUSSION Background At the August 22, 2012 Board meeting (R-12-83), the Board approved the La Honda Creek Master Plan and adopted the Mitigated Negative Declaration and Mitigated Monitoring Program. The Master Plan analyzed all of the structures in the Preserve and recommended the demolition R-16-136 Page 2 of select structures in major disrepair. Subsequently in 2015, an updated structures evaluation identified additional structures for demolition that are also in poor condition and not desired by either the District or the grazing tenant. These additional structures were approved by the Board of Directors for removal on September 14, 2016. None of the structures were deemed historic by a qualified consultant and the demolitions were approved by the San Mateo Historic Resource Advisory Board. Demolition Waste Stream Diversion At the January 14, 2015 regular meeting (R-15-01), the Board approved the Construction and Demolition Waste Diversion Policy (Policy number 4.08), which sets as a goal the 100% diversion of recyclable and salvageable construction and demolition material. Much of the construction material for two of the structures is old growth redwood. While there is significant dry rot and termite damage in some of the wood, the contract documents require the contractor to segregate old growth redwood on site for potential reuse by the District. If reuse of all or some of the materials by the District is not possible, the remainder will be auctioned off to salvage companies. Contactor Selection A Request for Bids was issued on September 26, 2016, and was sent to all interested parties and six builders’ exchanges. Legal notices were posted in the San Jose Mercury News. An Invitation to Bid was also posted on the District website. A mandatory pre-bid meeting and site walk was held onsite on October 4, 2016 and was attended by eight demolition and remediation contractors. Sealed bids were due on October 17, 2016, and one bid was received and opened with the results as follows: Table 1: Remediation and Demolition (Base Bid) Bidder Location Total Base Bid Difference from Cost Estimate of $280,000 Randazzo Enterprises, Incorporated Castroville, CA $231,742 -17% Bid Analysis After reviewing the contractors' relevant experience and qualifications, staff recommends awarding the contract to Randazzo Enterprises, which is the lowest responsible and responsive bidder. An additional late bid was received ~2 hours after bid deadline. This invalid bid listed a price of $229,620.32. Another contractor who did not submit a bid provided an informal price of $235,365. The small variation in the price of all three cost submittals (3%) suggests the District will receive good value for the project. The lowest responsive and responsible bidder’s base bid is below staff’s estimate. Contingency A 10% contingency amount is recommended for this demolition project due to the high potential for unforeseen conditions that could be encountered, including but not limited to discoveries during subsurface excavation. Although representative hazardous material sampling was R-16-136 Page 3 completed, the potential exists for additional hazardous materials beyond those already known to be encountered during demolition and ground disturbance activities, which would require appropriate abatement. FISCAL IMPACT The proposed award of contract is for a not-to-exceed amount of $254,916. The District’s FY2016-17 Budget includes $348,150 to complete the remediation and demolition of the Driscoll Ranch Remediation and Demolitions Project. There is $327,750 allocated for demolition costs, with the remaining funds allocated for biological surveys, historic structures evaluation, and permits. MAA 07-007 Budget $348,150 Spent to Date (as of 10/10/16): $4,875 Encumbrances: $14,370 Randazzo Contract: $254,916 Budget Remaining (Proposed): $274,16173,989 The following table is provided to outline the Measure AA Portfolio allocation plan, costs to date, current fiscal year approved project budgets in Portfolio 07, and the fiscal implications related to the Driscoll Ranch Remediation and Demolitions Project: MAA 007 Portfolio Allocation $14,825,000 Spent to Date (as of 10/10/16): $9,911,950 Encumbrances: $458,289 Fisheries Restoration Apple Orchard (07-003) Remaining Budget: $16,100 La Honda Creek Grazing Infrastructure (07-005) Remaining Budget: $69,878 Driscoll Ranch Remediation and Demolitions (07-007) Remaining Budget: $274,16173,989 Sears Ranch Parking and Trail Connections (07-009) Remaining Budget $165,636 Sears Ranch Road Drainage Upgrade (07-010) Remaining Budget: $40,139 Balance Remaining (Proposed): $3,888,8474,089,019 BOARD COMMITTEE REVIEW On September 14, 2016, the full Board of Directors reviewed and approved the proposed scope of work for the Project (R-16-112). Due to the full Board’s review, a separate Board Committee review was not necessary. PUBLIC NOTICE Public notice of this agenda item was provided per the Brown Act. Adjoining property owners have also been mailed a copy of the agenda for this public meeting. No additional notice is required. CEQA COMPLIANCE Awarding the bid and issuing a contract for the Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program for the La Honda OSP Master Plan. R-16-136 Page 4 NEXT STEPS If approved by the Board of Directors, the General Manager will enter into a contract with Randazzo Enterprises, Inc., to complete the Project and perform site restoration work. Execution of the contract is subject to the contractor meeting all District requirements, including required insurance and bonding. The permit process will begin immediately after the execution of the contract. Demolition is anticipated to begin in early November and be substantially complete by December. Attachments: 1. Maps and Pictures Responsible Department Head: Jay Lin, Engineering and Construction Manager Prepared by: Aaron Hébert, Water Resources Specialist Matt Brunnings, Capital Project Manager Graphics prepared by: Nathan Greig, GIS Technician Attachment 1 List of structures in the former Driscoll Ranch area to be demolished. Refer to Attachment 2 for pictures of each structure and Attachment 3 for Preserve and structure location map. Ranch Complex ID* Type of Structure Ray’s Ranch – AKA Sears Ranch / Lake Ranch (note: RR-3 and 4 are corrals) RR-2 Partially Collapsed RR-6 Lake Ranch House RR-7 Shed RR-8 Bunkhouse RR-9 Partially Collapsed GZR-1 Small Barn GZR-5 Shed or Workshop Guerra Zanoni Ranch (note: GZ-2 and 3 are corrals) GZR-6 Cabin/Shed GZR-8 Foundation GZR-9 Dog Kennels WR-1 Lower Collapsed Barn WR-2 Wool Ranch House WR-3 In-Law Cottage Wool Ranch WR-4 Upper Barn UFR-2 Bunk House UFR-3 Large Collapsed Barn LFR-2 Small Barn Lower Folger Ranch LFR-4 Collapsed Barn Attachment 2 Driscoll Ranch Demolition Ray’s Ranch AKA Sear’s Ranch, Lake Ranch Figure 2. RR-2, Partially collapsed storage shed, north and east elevations Attachment 2 Figure 4. RR-6, ranch house, west elevation Figure 5. RR-7, shed, north and west elevations Attachment 2 Figure 6. RR-8, Bunkhouse, east and north elevations Figure 7: RR-9, partially collapsed barn, west elevation Attachment 2 Guerra Zanoni Ranch AKA Upper Ranch Figure 8. GZR-1, small barn, east elevation Attachment 2 Figure 10. GZR-5, shed, east and north elevations Figure 11. GZR-6, small shed, south and east elevations Attachment 2 Figure 13. GZR 8 and GZR 9 (left and right respectively) Dog Kennel and Foundation Attachment 2 Wool Ranch Figure 14 WR-1, lower collapsed barn, view to southeast Attachment 2 Figure 15. WR-2, ranch house and pool, rear elevation Figure 16. WR-3, cottage, northwest and southwest elevations Attachment 2 Figure 17. WR-4, large barn, northeast elevation Attachment 2 Folger Ranch Figure 19. UFR-2, bunkhouse, north and east elevations Figure 20. UFR-3, collapsed barn, north elevation Attachment 2 Figure 22. LFR-2, barn, west and south elevations Figure 24. LFR-4, collapsed hay barn ns\FY1516\LHC DriscollDemoFY1 51 6 Overview.mxd G:\Prof ects\La_Honda_C reek\Driscoll\De a V Half Moon Bay Folger Ranch Attachment 3: Ranch Complexes, La Honda Creek Openspace Preserve RUSSIAN RID OPEN SPAC - PRESERVE MROSD Preserves Other Protected Lands Private Property S'< Watershed Land Land Trust Other Public Agency Phase I Trail Mo Structure See Attachment 1 for a list of structures by ID, type, and recommended action. Miles. 0 Midpeninsula Regional Open Space District (MROSD) June 2016 0.5 1 MIDPENINSULA REGIONAL OPEN SPACE 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. ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd G:\Projects\La_Honda_C reek\Driscoll\De Ray's Ranch, La Honda Creek Open Space Preserve LA HONDA CREEK OPEN SPACE PRESERVE Wool Ranch Guerra-Zanoni Ranch Structure Corral Minor Unpaved Road* *Not all features are displayed Phase I Trail Demolition See Attachment 1 for a list of structures by ID, type, and recommended action. Midpeninsula Regional Open Space District (MROSD) 0 June 2016 Feet 0 250 500 MIDPENINSULA REGIONAL OPEN SPACE 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. ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd G:\Prof ects\La_Honda_C reek\Driscoll\De -o -o a V LA HONDA CREEK OPEN SPACE PRESERVE , Wool Ranch Guerra-Zanoni Ranch • • • ♦ • ♦♦♦ ♦♦ OO GZR=1 GZR-5 GZR-4 GZR-6 N GZR-7 GZR-8 GZR-9 GZR-3 Guerra-Zanoni Ranch, La Honda Creek Open Space Preserve Structure Corral Minor Unpaved Road* *Not all features are displayed Phase I Trail Demolition See Attachment 1 for a list of structures by ID, type, and recommended action. Midpeninsula Regional Open Space District (MROSD) 0 June 2016 Feet 0 250 500 MIDPENINSULA REGIONAL OPEN SPACE 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. ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd G:\Projects\La_Honda_C reek\Driscoll\De LA HONDA CREEK OPEN SPACE PRESERVE , Wool Ranch Guerra-Zanoni Ranch Folger Ranch +r. Ili Ray's Ranch 84 i WR-2 WR-3 ill ON* i f' • • • I ♦ • • .WR-1 Wool Ranch, La Honda Creek Open Space Preserve Structure Corral Minor Unpaved Road* *Not all features are displayed Phase I Trail Demolition See Attachment 1 for a list of structures by ID, type, and recommended action. Feetu 0 Midpeninsula Regional Open Space District (MROSD) 0 June 2016 250 500 nr3 MIDPENINSULA REGIONAL OPEN SPACE 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. ns\FY1516\LHC DriscollDemoFY1 51 6 DDPseries.mxd Gi\ Projects \La_Honda_C reek\Driscoll\De LA HONDA CREEK OPEN SPACE PRESERVE , Wool Ranch Guerra-Zanoni Ranch i i Folger 1 hianchAni • 41g- Ray's Ranch i UFR-5 OoUFR-1 UFR-2 UFR-3 LFR-4 LH12 OLH10 CA State Route 84 Folger Ranch, La Honda Creek Open Space Preserve Structure Corral Minor Unpaved Road* *Not all features are displayed Phase I Trail Demolition See Attachment 1 for a list of structures by ID, type, and recommended action. Midpeninsula Regional Open Space District (MROSD) 0 June 2016 Feet I 0 250 500 MIDPENINSULA REGIONAL OPEN SPACE 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. R-16-121 Meeting 16-27 October 26, 2016 AGENDA ITEM 4 AGENDA ITEM Contract Authorization for Integrated Pest Management Implementation along the Roads and Trails at Bear Creek Redwoods OSP GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a contract with Ecological Concerns, Inc. of Santa Cruz, California in the amount not to exceed $37,000 to provide services to implement the Integrated Pest Management (IPM) Plan for vegetation restoration along the Roads and Trails at Bear Creek Redwoods Open Space Preserve in Fiscal Year 2016- 17. 2. Authorize the General Manager to extend the above contract in the amount not to exceed $37,000 per year in Fiscal Years 2017-18 through 2019-20 to provide services to implement the Integrated Pest Management Plan for vegetation restoration along the Roads and Trails at Bear Creek Redwoods Open Space Preserve if the Board approves this funding in the future budgets. 3. Adopt a Resolution approving a budget adjustment/increase in the amount $37,000 to the Fiscal Year (FY) 2016-17 District budget to fund the project. SUMMARY A Request for Bids was sent to eleven (11) selected contracting firms, local builders’ exchanges, and posted on the District website; one (1) proposal was received. After thorough review of the proposals, Ecological Concerns, Inc. of Santa Cruz, CA was determined to be the lowest responsible and responsive bidder. The cost for these services will not exceed $148,000 over the four-year period. The Board-approved FY2016-17 budget for IPM Plan vegetation restoration work in Bear Creek Redwoods is sufficient to cover the first year of this contract. Funding for years two through four of this contract will be requested annually during annual budget preparation and, if approved by the Board, the contract will be extended year by year to complete the work. MEASURE AA A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting and includes Portfolio #21, Bear Creek Redwoods: Public Recreation Project, with a total allocation of $17.478 Million. This project (#21-7, BCR Invasive Weed Treatment) supports the restoration of vegetation along roads and trails to prepare the Preserve for public access. As such, these costs are eligible for Measure AA reimbursement. R-16-121 Page 2 DISCUSSION As part of the work efforts to prepare Bear Creek Redwoods Open Space Preserve for greater public visitation and to improve safety for our tenant, visitors, and neighboring landowners, the District is implementing several Integrated Pest Management (IPM) projects. The first phase of project work is to restore vegetation communities along roads and trails and surrounding structures to provide wildland fire protection. A Request for Bids (RFB) was released in May of 2016, which generated significant interest from contractors (5 attended the initial mandatory pre- bid meeting), however no contractors submitted bids for the original scope of work. As a result, staff separated the roads and trails vegetation restoration and the fire protection projects. An RFB was released for the fire protection projects on July 12, 2016, and was awarded to Ecological Concerns, Inc. on September 14, 2016 (R-16-108). Subsequently, an RFB was released on September 19, 2016, for this roads and trails vegetation restoration project. . The scope of work for this contract is to clear roads and trails of vegetation using manual, mechanical and chemical treatment options. In addition, 3 stands of blackwood acacia will be removed. Contractor Selection The RFB was issued on September 19, 2016 and posted on the District website and sent to local builder’s exchanges. Eleven (11) firms, known to have experience working in park environments using mechanical means, were directly notified by staff of the RFB. Eight (8) firms attended a mandatory pre-bid tour on September 28, 2016 at Bear Creek Redwoods. An addendum was issued on October 3, 2016 clarifying questions on the RFB during and after the pre-bid tour. Bids were due on October 6, 2016. The results are as follows: Bidder Location Total Bid Percent of Cost Estimate $120,000 1 Ecological Concerns, Inc. Santa Cruz, CA $148,000 123% Ecological Concerns, Inc. is the lowest responsible and responsive bidder. Although the District only received one (1) bidder, $148,000 is a responsible cost considering the uncertainty expected with the project. Ecological Concerns, Inc. is currently under contract for invasive species management District-wide and has performed all work to District standards. The duration of the contract will be a four-year term, for a total not-to-exceed amount of $148,000, with each year’s work subject to Board approval of the budget for that year. FISCAL IMPACT The Natural Resources Department FY2016-17 Budget included $91,880 for IPM Implementation at Bear Creek Redwoods OSP. Award of this contract will require additional funds of $37,000. The recommended contract amount is greater than the $91,880 amount budgeted for the IPM Implementation at Bear Creek Redwoods OSP. To fully fund the project, a budget adjustment/increase of $37,000 is required. R-16-121 Page 3 The following table is provided to outline the Measure AA 21 Portfolio appropriation, budgets, costs to date, and the fiscal implications related to the Integrated Pest Management (IPM) Implementation on Roads and Trails at Bear Creek Redwoods OSP project: MAA 21 Portfolio Appropriation $17,478,000 Life-to-Date Spent: $428,070 Vegetation Management for Fire Protection Contract Balance (AA21-007): $47,000 Invasive Species Management Contract Balance (AA21-007): $17,880 Integrated Pest Management (IPM) Implementation on Roads and Trails at Bear Creek Redwoods OSP (AA21-007) : $148,000 Balance Remaining (Proposed): $16,837,050 BOARD COMMITTEE REVIEW No Committee review has occurred for the above project. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Integrated Pest Management (IPM) activities covered by this contract have been previously reviewed in the following environmental document under the California Environmental Quality Act, and the associated mitigation measures have been incorporated into the project: • Final Environmental Impact Report for the Midpeninsula Regional Open Space District Integrated Pest Management Program approved by the Board on December 10, 2014. NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to enter into a one-year contract, extendable up to three additional years, with Ecological Concerns, Inc. of Santa Cruz, CA, with the second through fourth year’s work subject to Board approval of the budget for that year. Attachments: 1. Figure-1: Bear Creek Redwoods Primary and ATV Patrol Access Roads and Trails 2. Resolution Amending the Budget for Fiscal Year 2016-17 FY 2017 FY 2018 MAA 21-007 Natural Resources Budget $91,880 Invasive Species Management $44,880 $70,644 Vegetation Management for Fire Protection $47,000 $28,000 Integrated Pest Management (IPM) Implementation on Roads and Trails at Bear Creek Redwoods OSP : $37,000 $37,000 Budget Remaining (Proposed): ($37,000) R-16-121 Page 4 Responsible Department Head: Kirk Lenington, Natural Resources Department Manager Prepared by: Coty Sifuentes-Winter, IPM Coordinator Graphics prepared by: Jamie Hawk, GIS Technician Howell Reservoirs Lexington Reservoir Lower Lake 2 2 0 0 2 0 0 0 1 0 0 0 8 0 0 1 6 0 0 1 4 0 0 22 0 0 16 0 0 22 0 0 2000 2 2 0 0 2 0 0 0 2 0 0 0 1 8 0 0 1400 1200 1800 1 2 0 0 2200 22 0 0 2200 20 0 0 1400 1400 1000 2200 A l d e r croft Creek Z a y a n t e C r e e k Dye r C r e e k C o l l i n s C r e e k Br ig g s Cr e ek W e b b C r e e k BALLFIELD XROADS BC05 BC09 BC01 BC02 BC04 BC06 BC12 BC07BC08 BC03 BC10 BC11 BC13 BC15 BC14 BC17 BC18BC19 BC20 Midpeninsula Regional Open Space District (MROSD) September 2016 Bear Creek Redwoods Open Space Preserve Pa t h : G : \ P r o j e c t s \ B e a r _ C r e e k _ R e d w o o d s \ I P M \ C o n t r a c t _ M a p s \ P u b l i c C o n t r a c t _ 2 0 1 6 0 9 1 9 . m x d Cr e a t e d B y : n g r e i g 0 0.50.25 MilesI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Sunnyvale San Jose Ã9 Ã880 Ã1 Ã84 Ã17 Ã101Ã280Ã35 Mountain View Palo Alto Cupertino Milpitas Area of Detail ?Landing Zone Parking Area (Permit Only) ATV Patrol Access Primary Patrol Access Bear Creek Redwoods Open Space Preserve is a closed preserve. Public access is by permit only. Please visit the District website for more information. www.openspace.org Attachment 1 Attachment 2 Resolutions/2016/R-16-__FY2016-17BudgetAdjust_IPM Implementation-BCR 1 RESOLUTION NO. 16-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE BUDGET FOR FISCAL YEAR 2016-17 WHEREAS, on June 22, 2016 the Board of Directors of the Midpeninsula Regional Open Space District adopted the Fiscal Year 2016-17 Budget and Action Plan; and WHEREAS, unanticipated expenses associated with the Integrated Pest Management (IPM) Implementation of Roads and Trails in Bear Creek Redwoods OSP have arisen and additional funds are required to complete the project; and NOW, THEREFORE, The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. Amend the Budget and Action Plan for the Midpeninsula Regional Open Space District for the Fiscal Year 2016-17 as follows: Project Name Current Budget Revised Budget Integrated Pest Management (IPM) Implementation at Bear Creek Redwoods OSP $91,880 $128,880 SECTION TWO. Monies are hereby appropriated in accordance with said budget. SECTION THREE. Except as herein modified, the FY 2016-17 Budget and Action Plan, Resolution No. 16-25 as amended, shall remain in full force and effect. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on September 14, 2016, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 2 Resolutions/2016/R-16-__FY2016-17BudgetAdjust_IPM Implementation-BCR 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk R-16-131 Meeting 16-26 October 26, 2016 AGENDA ITEM 5 AGENDA ITEM Contract Amendment for Water Engineering and Consulting Services GENERAL MANAGER’S RECOMMENDATION 1. Authorize the General Manager to execute a contract amendment with Wagner & Bonsignore Engineers for additional services related to water systems and water rights in the amount of $45,000 in Fiscal Year 2016-17. 2. Authorize the General Manager to extend the above contract in the amount not to exceed $40,000 in Fiscal Year 2017-18 to provide additional services related to water systems and water rights if the Board approves this funding in the FY2017-18 budget. SUMMARY In 2014, the District entered into a contract with Wagner & Bonsignore Engineers (WBE) for a not-to-exceed amount of $75,000 to assess District water uses and rights and develop a list of priority work areas. This prior contract work with WBE identified a number of areas that require additional work. Water rights in the State of California is a highly technical and heavily regulated subject area and failure to adequately address the District’s interests could result in administrative penalty liabilities, and/or restriction or loss of those rights. The General Manager recommends amending the contract to Wagner & Bonsignore Engineers (WBE) for an amount of $85,000 to a total amount not-to-exceed amount of $160,000 to provide the professional services needed to identify, maintain, and monitor District water rights. DISCUSSION The District holds various rights to use the water from creeks, springs, and ponds that are associated with District property. Certain water uses are required to be reported to the State Water Resources Control Board (SWRCB) in order to preserve these rights. Additionally, District staff is required to report water use and/or respond to inquiries from a state-appointed Watermaster in adjudicated watersheds (i.e., San Gregorio, Purisima, and Soquel Creeks). The focus of this amendment work is on Bear Creek Redwoods Open Space Preserve, San Gregorio Creek Watershed Open Space Preserves (including La Honda Open Space Preserve), and annual monitoring and reporting across all District lands. In May and June of 2014, a request for proposals and qualifications (RFPQ) was circulated for water rights services. Proposals from WBE (Sacramento), Stetson Engineers (Marin), and BSK Associates (Fresno) were received. WBE was selected as the most qualified consultant to serve R-16-131 Page 2 the District’s water resource consulting needs as described above, at a fair and reasonable price. WBE’s work to date has been critical to maintaining the District’s water rights and has identified a number of areas that require additional work. The term for the existing contract with WBE is through March, 2017. While other firms could perform the proposed scope of work, it would require significant duplication of WBE’s work to date, resulting in inefficiencies, costing the District more in both time and money. Given the importance of water to District operations, the General Manager recommends continuing this work with WBE specifically for the San Gregorio watershed, Bear Creek Redwoods OSP, other ‘in process’ water rights, and the associated annual monitoring and reporting process. New water issues that are outside of the scope of work described above and that require more than a cursory amount of outside consultant services shall be awarded through a competitive proposal process. The pre-qualification for professional water resources services will expire in June, 2018. Any work awarded after that date will require a new RFPQ. FISCAL IMPACT The Natural Resources Department FY2016-17 Budget and Action Plan includes $150,000 for work related to water rights tasks (including 50,000 for the San Gregorio Adjudication, $50,000 for annual monitoring and reporting, and $50,000 for Bear Creek OSP Water Rights). This contract amendment is estimated to cost $45,000 in FY2016-17 and $40,000 in FY17-18. The contract with Wagner and Bonsignore Engineers is a multi-year contract, and will extend into FY2017-18. The proposed FY2017-18 budget will include additional funds for the remaining scope of services associated with this multi-year contract. This contract is not associated with an MAA Project. Though some of the water bodies and water rights being evaluated may occur in preserves that have been identified as MAA Portfolio Projects, this work is more related to ongoing work with the District’s water rights management and not capital project work. BOARD COMMITTEE REVIEW This contract amendment does not require Committee review. The current contract was awarded by the Board of Directors on October 22nd, 2014. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Retention of professional services to conduct evaluations, prepare documents, and assist with long-range planning and compliance with state water resources laws and regulations does not constitute a project under CEQA as it will not result in a direct physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. R-16-131 Page 3 NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to amend the contract with WBE for services in FY2016-17 and will extend the contract for the second year’s work subject to Board approval of the budget for that year. Annual filing and reporting to the SWRCB will occur in April through June of 2017. Responsible Department Head: Kirk Lenington, Natural Resource Manager Prepared by: Aaron Hébert, Water Resources Specialist R-16-137 Meeting 16-26 October 26, 2016 AGENDA ITEM 6 AGENDA ITEM Award of Contract to Butano Geotechnical Engineers, Inc., for Geotechnical Engineering Quality Control Observation and Testing Services in support of the Mount Umunhum Road Rehabilitation Project (Project). GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into a professional services contract with Butano Geotechnical Engineers, Inc., in the amount of $79,890 to perform third party quality control geotechnical observation and testing in support of the Mount Umunhum Road Rehabilitation Project at Sierra Azul Open Space Preserve. 2. Authorize a 10% contract contingency in the amount of $7,989 to be reserved for additional investigation, observation, and testing due to changes in construction scope or unforeseen conditions, for a not-to-exceed total contract amount of $87,879. SUMMARY A third-party geotechnical engineer is required to provide quality control services for work associated with the Mount Umunhum Road Rehabilitation Project. On August 10, 2016, the Board awarded a contract to O.C. Jones & Sons (O.C. Jones) to construct the Mount Umunhum Road Rehabilitation Project (R-16-101). Specialized third-party personnel and equipment are necessary to provide onsite construction observation and compaction testing. The Project is currently underway and anticipated to finish in the Summer of 2017. The amount of testing and observation required for the Project requires the services of a readily available local firm. Butano Geotechnical Engineers, Inc., (Butano) is currently under a separate, smaller contract ($14,770) with the District providing geotechnical sampling, testing, and reporting services for two design elements at six specific sites on Mt Umunhum Road. Butano has the availability and experience to provide the additional required construction observation and inspection services for the Project. Therefore, the General Manager recommends awarding the contract to Butano for a total not-to-exceed amount of $87,879, which includes a 10% contingency in the amount of $7,989. Sufficient funds are included in the Fiscal Year 2016-17 Budget. MEASURE AA The 5-year Measure AA (MAA) Project List approved by the Board at the October 29, 2014 meeting includes the voter-approved Priority Action 23 (Portfolio 23) that encompasses all of the Mt. Umunhum Public Access and Interpretation Projects, in the amount of $27.972 Million. This contract furthers the goals of Portfolio 23 and Project #23-6 by providing third-party geotechnical quality control observation and testing of the construction work to ensure roadway R-16-137 Page 2 upgrades and safety improvements are installed as required by the Project plans and specifications. BACKGROUND In October, 2012, the Board approved the Mount Umunhum Environmental Restoration and Public Access Project (R-12-104), which includes new visitor amenities at the summit and roadway upgrades and safety improvements to Mount Umunhum Road to accommodate public vehicular use to allow all visitors, regardless of physical ability, to reach the summit. Access to the Mount Umunhum summit was identified as a priority action during the District’s Vision Plan process, and Measure AA funding was included for roadway improvements under Portfolio #23. On July 8, 2015, the District hired the civil engineering firm Pavement Engineering Inc., (PEI) to develop the construction design for the recommended upgrades to Mount Umunhum Road (R- 15-103). On May 25, 2016, the Board approved the Project’s Design and Bid Plan Set (R-16- 62), which was developed by PEI and peer-reviewed by a second civil firm, Sandis. The plan set was released for bid on June 10, 2016, and on August 10, 2016, the Board awarded a contract to O.C. Jones (R-16-101) to complete the roadway upgrades and safety improvements. DISCUSSION The Project scope of work includes a number of technical items with detailed fabrication and installation procedures and requirements. A third-party geotechnical engineering firm is required to perform quality control on these technical aspects, including compaction testing for subsurface and paving work, moisture testing and temperature confirmation of roadway rehabilitation and hot-mix asphalt overlay work, and observation and testing of all asphalt pulverizations and mixes. Additional quality control work includes general observation and documentation of grading, fabrication, installation, and demolition. The Board’s “Public Contract Bidding, Vendor, and Professional Consultant Selection, and Purchasing Policy,” and its corresponding Administrative policy provides: “Occasionally, … supplies, material, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a specific design… or are specifically necessary for purposes of maintaining cost effective system consistency, so as to be available from only one source.” As mentioned above, Butano is currently under a separate contract with the District providing geotechnical sampling, testing, and reporting services at six specific locations on Mt Umunhum Road. In accordance with District policy, given Butano’s familiarity with the Project, and the upcoming urgency for the services now that the Project is underway, the General Manager recommends entering into this contract with Butano. Butano’s familiarity with the Project, including the site conditions and detailed plans and specifications, as well as their existing working relationship with PEI allows them to complete these services in a cost-effective and efficient manner. Butano is also able to commit to meeting the project requirements and conduct the site visits necessary for the duration of the Project. R-16-137 Page 3 The proposed contract scope of work includes: • Civil engineering consultation services: • Review of construction documents and submittals. • Attend construction meetings as needed. • Respond to requests for information (RFI’s). • Geotechnical observation and testing: • Observation and testing of asphalt pulverization and mixing, full depth rehabilitation via emulsion, compaction and compressive strength. • Mobilization of an onsite laboratory to facilitate timely testing (testing to be done per Caltrans methods) • Compaction testing of baserock and trench material. • Laboratory compaction curves. • Asphalt testing. • General construction observation: • Observation and documentation of demolition process. • General grading observation and documentation. • Observation and documentation of drainage improvements. • Observation and documentation of valley gutters and curb installation, including concrete pours. • Observation and documentation of new retaining walls. The quality control monitoring during construction will protect the District by ensuring that the Project is properly implemented and constructed in conformance with the plans and specifications. This in turn will increase the lifespan of the roadway infrastructure, while reducing future maintenance and repair costs. FISCAL IMPACT The District’s Fiscal Year 2016-17 Action Plan and Budget includes $6,331,072 to complete the Mount Umunhum Road Rehabilitation Project. The budget includes construction costs for the Project, allowances for contingencies and unforeseen conditions, consultant fees for general conditions, and construction administration, and other soft costs. MAA 23-006 Budget $6,331,072 Spent to Date (as of 10/10/16): $22,893 Encumbrances: $5,017,658 Butano Geotechnical Engineers, Inc. Contract: $87,879 Budget Remaining (Proposed): $1,202,642 Sufficient funds to cover the third-party geotechnical project oversight contract are included in the Fiscal Year 2016-17 Action Plan and Budget for the Project. The following table provides an overview of budgets and costs to date for Measure AA Portfolio 23: R-16-137 Page 4 MAA 23 Portfolio Allocation $27,972,000 Spent to Date (as of 10/10/2016): $2,027,096 Encumbrances: $13,065,179 Mt. Um Summit Restoration (23-004) Remaining Project Budget: $773,655 Mt. Um Road Rehabilitation (23-006) Remaining Project Budget: $1,202,642 Balance Remaining (Proposed): $10,903,428 BOARD COMMITTEE REVIEW The full Board approved Road Project Design and Bid Plan Set on May 25, 2016 (R-16-62). Due to the full Board’s review, a separate Board Committee review was not necessary. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The Project was evaluated as part of the Environmental Impact Report (EIR) and Mitigated Monitoring Plan (MMP) approved by the Board on October 17, 2012, for the Mount Umunhum Environmental Restoration and Public Access Project (R-12-104). NEXT STEPS Pending Board approval, the General Manager will enter into contract with Butano Geotechnical Engineers, Inc., for third-party geotechnical construction monitoring, and quality control testing of construction of work by O.C. Jones & Sons, Inc., for the duration of the project. Construction is anticipated to be completed in Summer 2017. Responsible Department Head: Jason Lin, PE, Engineering & Construction Department Manager Prepared by: Zachary Alexander, Capital Project Manager II R-16-138 Meeting 16-26 October 26, 2016 AGENDA ITEM 7 AGENDA ITEM Update to the Annual Review of Restricted, Committed, Assigned, and Unassigned Reserves and Reserve Amounts GENERAL MANAGER’S RECOMMENDATION Adopt a resolution amending the Fund Balance Policy to authorize (1) a $5 million increase in the Infrastructure Fund for the Administrative and Field Offices, and (2) adjust the minimum Unassigned Fund Balance to 30% of Budgeted General Fund Tax Revenue, instead of a fixed dollar amount and (3) provide flexibility to repay unassigned reserve fund spending to a cap of 5% of Budgeted General Fund Tax Revenue. SUMMARY The District Fund Balance Policy, adopted on November 25, 2014, requires that the Board annually review the necessity for each reserve fund and the reserve amount. The District Controller recommends three changes from the designations made in November 2014 as described under the General Manager’s recommendations and explained in more detail below. DISCUSSION In November 2014, the Board adopted the Fund Balance Policy to provide adequate funding to meet the District’s short-term and long-term plans, provide funds for unforeseen expenditures related to emergencies such as natural disasters, strengthen the financial stability of the District against present and future uncertainties such as economic downturns and revenue shortfalls, and maintain an investment-grade bond rating. At that time, the Board approved the establishment of three restricted funds, three committed funds, and adopted a minimum unassigned fund balance for the general fund. Restricted Funds No changes Committed Funds [1] Infrastructure Fund; initial amount of $15.0 million, which was increased by $10 million to $25 million per Board decision on June 22, 2016. As the planning for the expanded administrative and field facilities continues to progress, it is recommended that the reserve requirement be further increased by $5 million to $30 million. R-16-138 Page 2 [2] Equipment Replacement Fund; initial amount of $2.4 million. No change is recommended. [3] Natural Disaster Fund; initial amount of $3.0 million. No change is recommended. Assigned Funds None. Unassigned Funds Minimum Balance of General Fund; initial amount of $10 million. The minimum balance needs to adjust to the changing scale of the District’s financial activity. The original $10 million amount represented 28% of budgeted general fund tax revenue was updated to $11.9 million per Board decision on June 22, 2016. It is recommended that the minimum balance be adjusted to a calculation of 30% of the Budgeted General Fund Tax Revenue (30% x $42.55 million = $12.765 million). The existing policy requires any spending from this minimum general fund reserve to be reimbursed within two years. It is recommended to add some flexibility to the reimbursement by providing the Board the option to limit the reimbursement at 5% of Budgeted General Fund Tax Revenue and extend the reimbursement period beyond two years, as needed in the event of a severely catastrophic event. The minimum reserve amount calculation will be reviewed annually as part of the annual budget process. BOARD COMMITTEE REVIEW This item was not specifically reviewed by Committee. Per Board policy, adjustments to fund balances must be approved by the Board as part of the annual budget process. Elements of the recommended fund balance adjustments were discussed with the Action Plan and Budget Committee during development of the budget and were further vetted in the recent annual Controller’s Report. FISCAL IMPACT If approved, the revised reserve amounts will be shown in the District’s Annual Financial Audit Report for the fifteen months ending June 30, 2016. PUBLIC NOTICE Public notice was provided pursuant to the Brown Act. No additional notice is required. R-16-138 Page 3 CEQA COMPLIANCE The recommended action is not a project for purposes of the California Environmental Quality Act. NEXT STEPS None. Attachments: 1. Resolution Amending the Fund Balance Policy Responsible Department Manager: Steve Abbors, General Manger Prepared by: Stefan Jaskulak, Chief Financial Officer Attachment 1 Resolutions/2016/16-__Amend Fund Balance Policy 1 RESOLUTION NO. 16-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE FUND BALANCE POLICY WHEREAS, the Government Accounting Standards Board ("GASB") has adopted Statement No. 54, a standard for governmental fund balance reporting and governmental fund balance classifications with varying constraints: Non-Spendable, Restricted, Committed, Assigned, and Unassigned, and WHEREAS, the Midpeninsula Regional Open Space District (District) adopted a Fund Balance Policy on November 25, 2014 to provide adequate funding to meet the District’s short- term and long-term plans, provide funds for unforeseen expenditures related to emergencies such as natural disasters, strengthen the financial stability of the District against present and future uncertainties such as economic downturns and revenue shortfalls, and maintain an investment- grade bond rating; and WHEREAS, the Fund Balance Policy may be amended from time to time to reflect the District’s current fiscal needs and as part of the District’s annual budget process; and WHEREAS, the Fund Balance Policy was last amended on June 22, 2016; and WHEREAS, the planning for the expanded administrative and field facilities continues to progress making it prudent to increase the Infrastructure Fund; and WHEREAS, the minimum balance needs to adjust to the changing scale of the District’s financial activity and reimbursement of any spending of the general fund reserve be flexible, as needed in the event of a severely catastrophic event; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District does hereby amend the Fund Balance Policy as follows: [1] Infrastructure Fund: It is recommended that the reserve requirement be increased by $5 million from $25 million to $30 million. Minimum Balance of General Fund: It is recommended that the minimum balance be adjusted to a calculation of 30% of the Budgeted General Fund Tax Revenue. The minimum reserve amount calculation will be reviewed annually as part of the annual budget process. Any spending from this minimum general fund reserve will be reimbursed within two years. If such reimbursement exceeds 5% of the Budgeted General Fund Tax Revenue, the Board may decide to limit the reimbursement at 5% and extend the reimbursement period beyond two years, as needed. Attachment 1 Resolutions/2016/16-__Amend Fund Balance Policy 2 SECTION THREE. This resolution supersedes the Fund Balance Policy approved on June 22, 2016. * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ___, 2016, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Exhibit A: Board Policy 3.07 Fund Balance Policy Midpeninsula Regional Open Space District Board Policy Manual Fund Balance Policy in Accordance with GASB Statement No. 54 Policy 3.07 Chapter 3 – Fiscal Management Effective Date: 11/25/1410/26/16 Revised Date: N/A10/26/16 Prior Versions: N/A11/25/14 Board Policy 3.07 Page 1 of 3 Purpose The following policy is created and approved by the Board of Directors in order to [1] provide adequate funding to meet the District’s short-term and long-term plans, [2] provide funds for unforeseen expenditures related to emergencies such as natural disasters, [3] strengthen the financial stability of the District against present and future uncertainties such as economic downturns and revenue shortfalls, and [4] maintain an investment-grade bond rating. This policy has been developed, with the counsel of the District auditors, to meet the requirements of GASB 54. This policy identifies the required components of fund balance, the level of management authorized to approve or change target balances in each fund, the amounts that the District will strive to maintain in each fund, and the conditions under which fund balances may be spent, reimbursed and reviewed. Policy The components of District fund balance are as follows: Non-Spendable fund balance includes amounts that cannot be spent either because they are not in spendable form, e.g. prepaid insurance, or because of legal or contractual constraints. At all times, the District shall hold fund balance equal to the sum of its non-spendable assets. Restricted fund balance includes amounts that are constrained for specific purposes which are externally imposed by constitutional provisions, enabling legislation, creditors, or contracts. Individual funds will be identified by the General Manager and Controller and the amounts set based on legal or contractual requirements. Funds may only be spent as specified by contract or as externally directed. The continuing need for each fund and the amount reserved will be reviewed annually. Committed fund balance includes amounts that are constrained for specific purposes that are internally imposed by the District Board of Directors. Individual funds and target amounts will be established by the Board. Projects to be funded by committed funds require the approval of the Board. Funds spent from committed funds shall be reimbursed from the general fund within two years. The continuing need for each fund and the amount reserved will be reviewed annually. Any changes require the approval of two-thirds of the Board. Board Policy 3.07 Page 2 of 3 Assigned fund balance includes amounts that are intended to be used for specific purposes that are neither restricted nor committed. Such amounts may be assigned by the General Manager if authorized by the Board of Directors to make such designations. Projects to be funded by assigned funds require the approval of the General Manager. Funds spent from assigned funds shall be reimbursed from the general fund within two years. The continuing need for each fund and the amount reserved will be reviewed annually. Unassigned fund balance includes amounts within the general fund which have not been classified within the above categories. The Board shall designate the minimum amount of unassigned fund balance is calculated as 30% of the Budgeted General Fund Tax Revenue. This minimum unassigned fund balancewhich is to be held in reserve in consideration of unanticipated events that could adversely affect the financial condition of the District and jeopardize the continuation of necessary public services. Any spending from this minimum general fund reserve requires the approval of the Board. Any such spending will be reimbursed within two years. If such reimbursement exceeds 5% of the Budgeted General Fund Tax Revenue, the Board may decide to limit the reimbursement at 5% and extend the reimbursement period beyond two years, as needed. The minimum reserve amount calculation will be reviewed annually as part of the annual budget process. The specific reserve funds and amounts are as follows: Restricted Funds [1] 2004 Bond Reserve Fund: required by the terms of the 2004 Revenue Bonds; held by Bond Trustee; minimum amount $1,393,435. [21] Retiree Healthcare Plan Fund: established in 2008 with a $1.9 million contribution to the California Employers’ Retiree Benefit Trust; all withdrawals per Board-approved plan; amount of annual contribution authorized by the Board as part of the annual budget. [32] Hawthorns Fund: established in 2011 with a $2.0 million endowment from the Woods Family Trust, to provide stewardship funding for the Hawthorns property in Portola Valley; amount to be withdrawn each year authorized by the Board as part of the annual budget. Committed Funds [1] Infrastructure Fund: Implementation of the 2011 Strategic Plan, 2014 Vision Plan, and Measure AA projects will require expansion of field and office facilities beginning in fiscal 2016. Funding for such capital expenditures is not available from general obligation bonds under Measure AA. The Board shall commit an initial reserve amount and amend the amount as needed. The amount to be withdrawn each year for the Infrastructure Fund will be authorized by the Board as part of the annual budget. [2] Equipment Replacement Fund: Implementation of the 2011 Strategic Plan, 2014 Vision Plan, and Measure AA projects will, over time, require replacement of field and office equipment and vehicles. Funding for such capital expenditures is not available from general obligation bonds Board Policy 3.07 Page 3 of 3 under Measure AA. The Board shall commit an initial reserve amount and amend the amount as needed. The amount to be withdrawn each year for the Equipment Replacement Fund will be authorized by the Board as part of the annual budget. [3] Natural Disaster Fund: The District must be prepared to undertake emergency expenditures required to respond quickly to a major fire, earthquake or flood. Funding for such expenditures is not available from general obligation bonds under Measure AA. The Board shall commit an initial reserve amount and amend the amount as needed. All withdrawals from the Natural Disaster Fund require the approval of the General Manager. Assigned Funds None R-16-139 Meeting 16-26 October 26, 2016 AGENDA ITEM 8 AGENDA ITEM Revise a Resolution to Accurately Reflect Board Appointee Compensation in Response to California Public Employees’ Retirement System Public Agency Review GENERAL MANAGER’S RECOMMENDATION Adopt a resolution to supersede resolutions which did not include language required by CalPERS to accurately reflect Employer Paid Member Contributions as special compensation for Board Appointees. SUMMARY The recommended action implements cost neutral changes to the District as required by the California Public Employees’ Retirement System (CalPERS) audit conducted in May 2016. The proposed revision corrects the resolution language to accurately reflect the District’s practice to pay Employer Paid Member Contributions (EMPC) as special compensation for Board Appointees. The new resolution brings the District into compliance with CalPERS requirements. DISCUSSION CalPERS periodically reviews member agencies to ensure compliance with applicable sections of the California Government Code and provision of the CalPERS contract. In May 2016, the District received a report from the CalPERS Office of Audit Services requiring that the District revise and resubmit a resolution to report the Employer Paid Member Contributions (EPMC) for the Board Appointees as special compensation for the pay period that ended in July of 2013. Although in practice the District did correctly report the EPMC as special compensation to CalPERS, the resolution did not include the correct language required by CalPERS to accurately reflect this practice. The attached resolution includes the changes and will supersede the previous inaccurate resolutions with the approval by the Board of Directors. FISCAL IMPACT There is no fiscal impact associated with the recommended action. BOARD COMMITTEE REVIEW This item was not reviewed by a Committee. R-16-139 Page 2 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 Upon approval of the resolution, staff will send the revised resolution to CalPERS to be in compliance with CalPERS and state law. Attachment 1. Resolution with language that correctly reports Employer Paid Member Contribution as special compensation for the Board Appointees for pay period ending July 21, 2013. Responsible Department Head: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Candice Basnight, Human Resources Supervisor Attachment 1 Resolutions/2016/16-__CalPERS-EPMC 1 RESOLUTION NO. 16-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District has the authority to implement Government Code Section 20636(c) (4) pursuant to Section 20691 WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District has written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of Midpeninsula Regional Open Space District of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District has identified the following conditions for the purpose of its election to pay EPMC; • This benefit shall apply to all employees of the Board Appointee Group • This benefit shall consist of paying six (6) percent of the normal contributions as EPMC, and reporting the same percent (value) of compensation earnable**{excluding Government Code Section 20636 (c) (4)} as additional compensation. • The effective date of this Resolution shall be November 26, 2012. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Midpeninsula Regional Open Space District elects to pay and report the value of EPMC as set forth above. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a regular meeting thereof, by the following vote: * * * * * * * * * * * * * * * * * * * * AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2016/16-__CalPERS-EPMC 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 *Note: Payment of EPMC as reporting the value of EPMC on compensation earnable is on pay rate and special compensation except special compensation delineated in Government Code Section 20636 (c)(4) which is the monetary value of EPMC on compensation earnable. R-16-133 Meeting 16-26 October 26, 2016 AGENDA ITEM 9 AGENDA ITEM Contract to Provide Fence Installation Work at the Skyline Ridge Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Authorize the General Manager to enter into an agreement with Hammer Fence, for a total contract amount not to exceed $73,122.75 to provide fence installation work at the Skyline Ridge Open Space Preserve for riparian resource protection from the cattle grazing operation. 2. Determine that the recommended action is exempt from the California Environmental Quality Act (CEQA). SUMMARY The Request for Bids for the Big Dipper Ranch – Pasture 1 - Fence Installation Project at Skyline Ridge Open Space Preserve was issued on September 28, 2016. After completing the Request for Bids process, one bid was received on October 20, 2016, with Hammer Fence the apparent low bidder. Completion of this fence installation will protect riparian resources along Peter’s Creek and complete a significant section of perimeter fence in Pasture1at Big Dipper Ranch within the Skyline Ridge Open Space Preserve. Vegetative and slope barriers were originally thought to be sufficient to prevent livestock passage but cattle have left District property when placed in this pasture. MEASURE AA This is not a Measure AA project. DISCUSSION Background The Big Dipper Ranch – Pasture 1 – Fence Installation Project (Project) is located at Skyline Ridge Open Space Preserve (Preserve), southeast of the Town of La Honda (See Attachment 1, Project Map). The project objective is to install approximately 4,750 linear feet of a new five strand barbed wire livestock fence and installation of one livestock gate. Installation of the fence and gate will restrict livestock access to the Peter’s Creek watershed from Pasture 1 at Big Dipper Ranch. Additionally, the perimeter fence will prevent livestock from leaving District property and entering the Portola Heights neighborhood. This project was not anticipated for FY2016-17 and is not included in the current Action Plan and Budget. However, completing this project at this time is critical because cattle, reacting to mountain lion activity, have left District R-16-133 Page 2 property and ended up on neighboring private property in the Portola Heights neighborhood. The fence will also protect sensitive riparian habitat. Bidding Process The Request for Bids was issued on September 28, 2016 and was sent to nine contractors as well as released to five builders’ exchanges. Legal notices were posted in the Half Moon Bay Review, and an Invitation to Bid was posted on the District website. A mandatory pre-bid site tour was made available to contractors by appointment and three contractors attended. Sealed bids were due on Thursday, October 20, 2016, and one bid was received and opened with the results as follows: Bidder Location Total Bid Price per Linear Foot (LF) Bid Percent Difference from Base Bid Estimate of $76,000 1. Hammer Fence Tracy, CA $63,585 $13.39 -16% Upon review of the Bid Proposals, Hammer Fence was announced as the apparent low bidder. Bid Analysis Historically, fence installation on District lands has ranged between $12.00 and $16.00 per linear foot depending on steepness of terrain, soil type, and economy of scale. The Project transverses some steep drop offs with areas of rocky outcroppings so staff estimated the Project budget at $76,000 based on $16.00 per linear foot for 4,750 linear feet of fencing. Based on the bids received, initial project cost estimates were high. FISCAL IMPACT Award of contract will result in a not-to-exceed contract amount of $73,122.75 being awarded to Hammer Fence for the Project. This includes a 15% contingency in addition to the base bid amount. To fund this unanticipated Project, capital budget funds will be reassigned within the Land and Facilities budget from the Farm Labor Housing project. Construction start of a new farm labor residence at La Honda OSP, if approved by the Board, will not commence until FY 2017-18, allowing construction funds to be reassigned. The reassignment in Land and Facilities Services capital project budget is detailed in the table below: Project Project Budget Notes Farm Labor Housing, La Honda OSP $394,900 Construction funds (40-61-621- 8205) Big Dipper Fence Installation $73,122.75 Funds Remaining in Farm Labor Housing Project Budget $321,777 BOARD COMMITTEE REVIEW There was no Committee review for this agenda item. R-16-133 Page 3 PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The Project is consistent with Section 15304 of the CEQA Guidelines - Minor Alterations to Land - Minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. The project site is not a sensitive environment, hazardous waste site or present unusual circumstances that would result in environmental impacts. Although California red-legged frogs are known to occur at the Monotii Pond, a biological monitor will preview the site and provide any required avoidance measures. The project will not cause cumulative impact of successive projects of the same type in the same place over time which is cumulatively significant. This project will not affect scenic resources such as trees, historic buildings, rock outcroppings, or similar resources, nor is it visible from an officially designated state scenic highway (Hwy 280, 35, and 9). No take of endangered, rare, or threatened plant and animal species will occur. NEXT STEPS If approved by the Board, the General Manager will be authorized to enter into a contract with Hammer Fence to perform construction services for the Project. Final contract signature is subject to meeting all District requirements, such as having all required insurance and bonding in place. The project is scheduled to begin and be completed in November 2016, pending winter weather conditions. Attachments 1. Project Map Responsible Department Manager: Brian Malone, Land and Facilities Services Manager Prepared by: Elaina Cuzick, Senior Property Management Specialist ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! ! ! !!! ! ! ! ! ! !!!! ! ! ! !! ! !!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! !! ! ! ! !!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!!!! ! ! ! ! ! ! ! !P!P!P!P!P !P !P !P!P !P kj Location of Proposed Gate Menotti Pond La m bert C r e e k P e t e rs Creek d r i v eway O l d P a g e M i l l R o a d Dia b l o W a y Barn - Animal Pasture 3 Pasture 2 Pasture 3 Pasture 1 Pa s t u r e 2 Pa s t u r e 1 Pa s t u r e 1 Midpeninsula Regional Open Space District Big Dipper Ranch - Pasture 1 - Fence Installation - Amended October 2016 Pa t h : G : \ P r o j e c t s \ S k y l i n e _ R i d g e \ B i g _ D i p p e r _ R a n c h \ F e n c i n g \ S R _ B i g D i p p e r _ F e n c i n g _ 2 0 1 6 1 0 1 2 . m x d Cr e a t e d B y : j h a w k 0 0.10.05 MilesI (MROSD) 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. Alpine Road Ã35 Area of Detail BIG DIPPER RANCH SKYLINE RIDGE Minor Paved Road Minor Unpaved Road Unmaintained Road Width Trail Pasture Building kj Rock Formation !P Gate ! !Existing Fence ! !Phase 1 Proposed Fence ! !Phase 2 Proposed Fence Attachment 1 R-16-140 Meeting 16-26 October 26, 2016 AGENDA ITEM 10 AGENDA ITEM Consideration of San Mateo County Farm Bureau Request for Indemnification of Grazing Tenants and Request for Meeting with Board Members GENERAL MANAGER’S RECOMMENDATIONS 1. Affirm continued use of standard grazing lease language that requires District grazing tenants to indemnify the District. 2. Review a draft Board response letter to the Farm Bureau and direct the General Manager to revise if necessary and send. SUMMARY Current District grazing leases require the grazing tenant to indemnify the District and require the tenant to carry insurance naming the District as an additional insured party. In communications with District staff, as well as communications directly with the Board, the Farm Bureau has expressed concern about grazing tenants’ potential increased liability associated with public access on grazed properties. Their request is to change existing leases to require that the District indemnify the grazing tenant instead of the tenant indemnifying the District. The Farm Bureau has also requested to meet with the full Board, or at least three members of the District’s Board, to discuss this issue. The General Manager recommends the Board send the attached letter to the Farm Bureau (Attachment 1) affirming continued use of standard grazing lease language requiring District grazing tenants to indemnify the District, and clarifying that the Board has delegated handling of Farm Bureau issues to the General Manager and that members of the Farm Bureau’s Board are welcome to attend and provide input at District Board meetings. MEASURE AA This is not a Measure AA project. DISCUSSION The San Mateo Farm Bureau has expressed its apprehension about public access on District grazing properties, especially since the opening of Mindego Hill area of Russian Ridge Preserve and plans to open La Honda Creek Preserve. District staff have taken the following actions to understand and respond to their concerns: R-16-140 Page 2 • The District has committed to consulting with the Farm Bureau over management plans in the Coastside Protection Area as part of the Memorandum of Understanding between the District and the Farm Bureau (MOU). • On February 1, 2016 the Farm Bureau raised the issue of indemnification at the monthly meeting. Mike Williams, Real Property Manager, responded to the Farm Bureau on March 2, 2016 explaining why the District requires grazing tenants to indemnify the District. • Staff have done extensive outreach with the Farm Bureau about the introduction of public use onto grazed areas, including holding field meetings with their executive board before opening Mindego, and most recently regarding the plans to open La Honda in 2017. • Staff attend monthly Farm Bureau meetings to present on new projects and answer questions. • Staff also set up a tour to show the Farm Bureau and District grazing tenants several grazing properties in the East Bay on public lands that have high visitation and successful grazing operations, showing that public use and grazing can be compatible. • The San Mateo County Farm Bureau requested, through staff, to meet with the District’s Board of Directors to discuss the indemnification clause in District grazing leases. AGM Kevin Woodhouse responded in a letter of September 9, 2016 that reiterated the reasons for the indemnification clause and offered to meet with staff rather than the Board. • Jess Brown the Farm Bureau Executive Director spoke at the Board Meeting on September 14th requesting a meeting with the Board and made the same request via email to the Board. The letter of September 9th and an FYI were included in the Board packet for that meeting. • District staff and President Kishimoto attended the next Farm Bureau meeting on October 3rd, 2016 and listened to their concerns regarding grazing and public access. The Farm Bureau’s request is to change the terms of District grazing leases to indemnify the tenant rather than the tenant indemnifying the District. Staff has carefully considered the issue of public safety and liability concerns on District grazing properties. District grazing leases take into account these concerns and represent an allocation of risk that is consistent with other District contracts, and the District’s overall approach to risk allocation. In general, the manner in which any tenant’s activities are managed, including grazing operations, affects the level of risk. The District’s grazing tenants are in the best position to control their operations and therefore control their exposure to risk. Therefore, the terms of District grazing leases require the grazing tenant to indemnify the District. In addition: • The indemnification clause is standard for other public agencies for contractual agreements where the private party is gaining a benefit from the agency. • All Bay Area agencies surveyed have similar indemnification terms, and insurance requirements, in their grazing leases. • District General Counsel has reviewed the grazing leases and concurs that a clause indemnifying the District is reasonable and affords the District the best liability protection. • Indemnification clauses protecting the District are a best management practice according to the California Joint Powers Authority (our insurance pool). At the Farm Bureau meeting on October 3rd, 2016, several discussion points were raised by the Farm Bureau that the Board could consider in response to their request. These points are summarized below, with additional staff input noted: R-16-140 Page 3 1. Some Farm Bureau members felt that, because of the MOU between the District and the Farm Bureau, the grazing tenants should be treated differently than tenants of comparable agencies. Staff comments: The Farm Bureau-District MOU requires the District to consult with the Farm Bureau and has specific mitigation measures. There are no requirements to follow the Farm Bureau’s recommendations and none of the mitigation measures addresses grazing lease provisions. 2. Add a dual indemnification clause where the grazing tenant would indemnify the District over liability due to their operation and the District would indemnify the tenant for any interactions with visitors. Staff comments: This option is inconsistent with standard lease practices and with comparable Bay Area agencies. 3. Implement a discounted grazing lease rate that factors in the unique situation on the San Mateo Coast and the potential for an increase in insurance premiums with the public access. Staff comments: There already is a discounted rate compared to other agencies due to remoteness from livestock services such as infrastructure suppliers and certified meat processing plants and due to the smaller size of most District grazing properties. The comparable agency rates include many lands with public access, and grazing tenants on public lands are able to secure insurance for their operations and still run profitable operations. 4. Fence all public access trails out of grazing areas. Staff comments: The MOU mitigation measure AGR-3a calls for locating trails away from prime agricultural lands. If trails must traverse cultivated lands “adequate buffers, signs and other measures” are called for. Trails that bisect grazing lands are specifically called out as an exception to this mitigation measure. Excluding livestock from trails to prevent interaction between livestock and visitors would be impractical, aesthetically displeasing to visitors, and create unnecessary barriers to livestock grazing operations. For all of the reasons noted and based on staff comments to the discussion points raised by the Farm Bureau, the General Manager and General Counsel recommend that the District continue use of standard grazing lease language requiring District grazing tenants to indemnify the District. Concerning the Farm Bureau’s request to meet directly with the District Board, the draft response letter clarifies that Farm Bureau Board members currently have the ability to address the District Board through the District’s public meeting processes and that the Board has delegated handling of Farm Bureau issues to the General Manager. As policy questions arise, as in this case, the General Manager may raise the issues to the District Board for consideration in a public meeting. Members of both Boards are able to regularly attend the other Board’s meetings, just as representatives from the District Board have attended Farm Bureau Board meetings in the past. R-16-140 Page 4 FISCAL IMPACT No fiscal impact. BOARD COMMITTEE REVIEW No committee review. PUBLIC NOTICE Public notice was provided as required by the Brown Act. The San Mateo Farm Bureau was notified as well. CEQA COMPLIANCE This item is not a project subject to the California Environmental Quality Act. NEXT STEPS Send response letter to Farm Bureau, as approved by Board, advising of decision. Attachments 1. Draft Response Letter from the District Board to the Farm Bureau 2. Farm Bureau Email to the Board 9/14/16 3. District Letter to the Farm Bureau 2/1/16 4. District Letter to the Farm Bureau 9/9/16 5. Board FYI 9/14/16 6. MOU Between Farm Bureau and District Responsible Department Head: Kevin Woodhouse, Assistant General Manager Prepared by: Brian Malone, Land and Facilities Services Department Manager   Attachment 1    DRAFT RESPONSE FOR BOARD CONSIDERATION  Dear Mr. Brown: The Midpeninsula Regional Open Space District (District) Board of Directors appreciates your attendance and oral communications at our meeting on September 14, 2016. Additionally, the Board of Directors has received your follow-up e-mail communication of that same evening. This letter is in response to your e- mail. The District understands the important role of the San Mateo County Farm Bureau and values the cooperative relationship we have built together since the 2004 Coastal Annexation Service Plan and the consultative obligations provided for in the Memorandum of Understanding with the Farm Bureau. The District looks forward to continuing this relationship. We re-affirm our mission for the San Mateo coastal annexation area, which is: “To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education.” Regarding cattle grazing on District public lands currently open to public access, and planned for opening in the future, District staff has consulted with the Farm Bureau, including arranging a special demonstration tour of cattle grazing operations run by other local public agencies. The Farm Bureau has requested that the District reverse its grazing lease indemnification provision. After careful discussion and review, tThe Board of Directors agrees with the recommendation of the District’s General Manager and General Counsel to leave the indemnification clause unchanged, the reasons for which have been explained in staff communications to the Farm Bureau. Your e-mail also requests an opportunity for your Board to meet directly with the District Board of Directors. District Board of Directors’ meetings, including 3-person regular committee meetings of the Board, are open public meetings, publicly noticed and conducted according to the Ralph M. Brown Act of California (1953). As such, Farm Bureau Board members are welcome to attend and provide comment to the District Board. Similarly, as you are aware, members of the District’s Board of Directors (recently Board President Kishimoto) occasionally attend your Board meetings; District staff also regularly attend your Board meetings. The District Board of Directors has delegated day to day handling of Farm Bureau issues to the General Manager. If issues rise to the level of needing policy consideration by the Board of Directors, as in this case of the Farm Bureau’s request regarding indemnification in grazing leases, the General Manager may bring the issue will bring the issues before the Board for a decision. The District Board of Directors looks forward to continuing to fulfill our Coastal mission, with its emphasis on preserving agricultural, and working with the Farm Bureau in doing so. Sincerely, Yoriko Kishimoto President, Board of Directors 1 Brian Malone Subject:FW: Full Board of Directors and District Clerk - Board Contact Form   From: jessbrown@sbcglobal.net [mailto:no‐reply@wufoo.com]   Sent: Wednesday, September 14, 2016 7:55 PM  To: web <web@openspace.org>; Clerk <clerk@openspace.org>  Subject: Full Board of Directors and District Clerk ‐ Board Contact Form  Name * Jess Brown Select a Choice * Full Board of Directors and District Clerk Email * jessbrown@sbcglobal.net Location: (i.e. City, Address or District Ward) 765 Main St., Half Moon Bay Daytime Phone Number (if you wish to be contacted by phone) (831) 818-1193 Comments: * To MROSD Board of Directors, It was nice to meet you during your meeting's oral communications tonight. Below is the email request we made to your staff on 7/14/16 to have our officers meet with your officers. We were disappointed that it took two month to receive Attachment 2 2 (received via email 9/14/16) a written response regarding the issue, but it was apparent our request for a meeting was never sent to you by your staff. We would still like to have the meeting, and it now appears we need to to add as an agenda item to that meeting - how can our boards better interact with one another on areas of concern since there is an MOU with both parties. Thank you for listening to my comments tonight. Jess Brown, Executive Director San Mateo County Farm Bureau -----Original Message----- From: Jess Brown [mailto:jessbrown@sbcglobal.net] Sent: Thursday, July 14, 2016 5:56 PM To: Mike Williams <mwilliams@openspace.org> Subject: Re: Meeting Hi Mike, The Farm Bureau executive committee met this week and discussed the request to meet with MROSD regarding Farm Bureau's concerns with increased liability for ranch tenants on property with public trails. The executive committee appreciates MROSD staff's time in discussing the issue on previous occasions and arranging tours of existing grazing land with public trails. The Farm Bureau executive committee requests that the next meeting with MROSD regarding this issue be with the MROSD executive committee to finalize a resolution on this matter. Thanks, Jess Attachment 2 Attachment 3 Attachment 3 Attachment 3 Attachment 3 Attachment 4 Attachment 4 DATE: September 9, 2016 MEMO TO: Board of Directors MEMO THROUGH: Steve Abbors, General Manager FROM: Kevin Woodhouse, Assistant General Manager-Visitor & Field Services Brian Malone, Land & Facilities Services Manager SUBJECT: Letter to San Mateo County Farm Bureau re: Grazing Tenant Indemnification Requirements _____________________________________________________________________________ The San Mateo County Farm Bureau requested, through staff, to meet with the District’s Board of Directors to discuss the indemnification clause in District grazing leases. The Farm Bureau continues to express its apprehension about public access on District grazing properties, especially since the opening of Mindego Hill and plans to open La Honda Creek Preserve. In response to concerns raised about public access and grazing, District staff have taken the following actions. • The District has committed to consulting with the Farm Bureau over management plans in the Coastside Protection Area as part of the MOU between the District and the Bureau. • Staff have done extensive outreach with the Bureau about the introduction of public use onto grazed areas, including holding field meetings with their executive board before opening Mindego, and most recently regarding the plans to open La Honda in 2017. • Staff attend monthly Farm Bureau meetings to present on new projects and answer questions. • Staff also set up a tour to show the Farm Bureau several grazing properties in the East Bay on public lands that have high visitation and successful grazing operations, showing that public use and grazing can be compatible. • The District’s formal communication with the Farm Bureau on March 2, 2016 is attached. • Staff has offered to meet and discuss this issue with the Farm Bureau. The Farm Bureau’s request is to change the terms of District grazing leases to indemnify the tenant rather than the tenant indemnifying the District. Staff has carefully considered the issue of public safety and liability concerns on District grazing properties. District grazing leases take into account these concerns and represent an allocation of risk that is consistent with other District contracts, and the District’s overall approach to risk allocation. In general, the manner in Attachment 5 which any tenant’s activities are managed, including grazing operations, affects the level of risk. Our grazing tenants are in the best position to control their operations and therefore control their exposure to risk. Therefore, the terms of District grazing leases require the grazing tenant to indemnify the District. • The indemnification clause is standard for other public agencies for contractual agreements where the private party is gaining a benefit from the agency. • All Bay Area agencies surveyed have similar terms in their grazing leases. • District General Counsel has reviewed the grazing leases and concurs that a clause indemnifying the District is reasonable and affords the District the best liability protection. • Indemnification clauses protecting the District are a best management practice according to the California Joint Powers Authority (our insurance pool). After a review of the Farm Bureau’s request, the General Manager and General Counsel recommend to continue to use the District’s existing lease language. The response to the Farm Bureau is attached, and includes an offer for the Farm Bureau to meet with Land and Facilities Manager Brian Malone and Assistant General Manager Kevin Woodhouse. Attachment 5 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 Attachment 6 R-16-134 Meeting 16-26 October 26, 2016 AGENDA ITEM 11 AGENDA ITEM Fiscal Year 2016-17 Quarter 1 District Budget Amendments GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a resolution approving the proposed FY2016-17 Quarter 1 District Budget amendments. 2. Adopt a resolution approving the administrative budget cleanup for the previously approved Petersen property purchase. SUMMARY In June 2016, the Board of Directors (Board) adopted the Fiscal Year (FY) 2016-17 Budget and Action Plan. As of September 30, 2016, the adopted FY 2016-17 Budget of $58.1 million increased to $66.2 million due to Board approved budget amendments for new land acquisitions, and capital improvement projects. The Quarter 1 budget amendments is proposed to increase by $876,942 for a total FY 2016-17 District Budget of $67.1 million. This report presents the proposed budget amendments to reflect necessary increases for personnel services, unanticipated services and supplies expenses, as well as project expenses as a result of unanticipated project scope changes, and project delays. DISCUSSION The Board of Directors (Board) adopted the FY2016-17 Budget and Action Plan at the June 22, 2016 regular meeting (Reports R-16-71). The FY 2016-17 adopted budget was $58.1 million. As of September 30, 2016, the Board has authorized budget adjustments increasing the adopted budget by $8,148,272, to cover unanticipated capital improvement project costs, and new land purchases. Table 1A lists the Board authorized budget amendments. Table 1A: Year-to-Date Board Approved Budget Amendments Project Adopted Budget Budget Amendment Amended Budget Mt. Umunhum Summit Restoration (MAA 23-004) $5,423,250 $3,466,450 $8,889,700 Mt. Umunhum Road Rehabilitation (MAA 23-006) $3,566,400 $2,764,672 $6,331,072 Red Barn Public Access Area (MAA 05-005) $165,000 $60,000 $225,000 Sears Ranch Road Drainage Upgrade (MAA 07-010) $265,000 $207,150 $472,150 Rosetta Property Purchase $0 $1,650,000 $1,650,000 R-16-134 Page 2 Under the General Manager’s authority, net-zero transfers/budget amendments have been administratively processed to cover unanticipated capital improvement project costs. Table 1B lists the administratively approved budget amendments. Table 1B: Year-to-Date Administratively Approved Budget Amendments Project Board Approved Amendment Budget Amendment Amended Budget Mt. Umunhum Road Rehabilitation (MAA 23-006) $6,331,072 ($79,000) $6,252,072 Mt. Umunhum Summit Restoration (MAA 23-004) $8,889,700 $60,000 $8,949,700 Mt. Umunhum Trail & Bridge (MAA 23-002) $0 $19,000 $19,000 Proposed Amendments to the FY2016-17 Budget The proposed Quarter 1 budget amendments result in a net total budget increase of $876,942, for a total FY2016-17 District Budget of $67.1 million. On August 28, 2016, the Board authorized the purchase of the Petersen property for $700,000 (R- 16-106). The adopted resolution for the land acquisition did not include a corresponding budget amendment. This report and resolution includes the necessary budget amendment, an allow for an administrative budget cleanup to the Land and Associated Cost budget for the Petersen property. When the previously approved Petersen property purchase is excluded from the Quarter 1 budget amendment, the net total budget increase for Quarter 1 is $176,942. Where possible, requested budget increases are offset by savings elsewhere. Operating Budget Salaries and Benefits Through September 30, 2016, realized savings in seasonal staffing levels, and unanticipated personnel costs, result in a proposed net increase of $159,621 to the personnel services budget. • 16% savings for Seasonal Rangers. • Increase of $142,996 for un-budgeted shift differential pay and holiday pay in Visitor Services. • Increase of $23,311 for unanticipated compensation time payout. • Increase in Worker’s Compensation by $21,223. Due newly revised cost allocations for Worker’s Compensation insurance, insufficient funds were budgeted for Visitor Services resulting in a budget increase. Services and Supplies The services and supplies budget is proposed to increase by $28,213. Savings from deferred projects allow for an offset in the proposed net increase to the District’s services and supplies budget. • Unanticipated costs for Land and Facilities projects carried over from previous fiscal year, including Skyline Office Driveway project, and Event Center driveway and parking area improvements, and new preserve signs will result in an increase of $178,590. • Net savings of $144,064 in Natural Resources is due to the transfer of $40,000 from General Fund Capital budget to Operating budget, and project delays in BCR Pond R-16-134 Page 3 Restoration, Marbled Murrelet Recovery Planning, and Prescribed Fire Burn Program. Project delays are a result of reallocation of staff resources shifting to Mt. Umunhum projects. • Savings of $6,313 in Visitor Services for decrease in projected office furniture expenditures. Capital Budget General Fund Capital Budget The general fund capital budget is proposed to decrease by $40,000 due to change in project scope for Bear Creek Redwoods (BCR): Public Recreation and Interpretive project. The project is proposed to split into two separate projects: BCR Cultural Resource Assessment, and water usage monitoring. BCR Water Usage Monitoring has shifted to the Operating Budget. Measure AA Capital Budget The Measure AA capital budget is proposed to increase by $29,108. Project delays in Natural Resources will offset other project budget increases. The delay in the Bear Creek Redwoods Ponds Restoration, and Invasive Weeds projects in the Natural Resources department results in a savings of $78,892. Change in the Sears Ranch Road Parking Area project scope will result in an increase of $108,000 in the Planning Department, which is offset by the $78,892 savings in Natural Resources, resulting in a net increase of $29,108 to the Measure AA Capital Budget. When the project budget was prepared, the project scope was to install an interim gravel parking area. The revised project scope includes the installation of a permanent, paved parking area, which includes drainage and storm water detention system requirements. The increase budget will account for design services, and environmental planning services. Table 2A below summarizes the proposed budget adjustments by budget category, and Table 2B provides the breakdown by funding source. Both tables exclude the budget cleanup for the Petersen property purchase. Table 2A: Proposed Changes to FY 2016-17 Budget by Category FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) Quarter 1 Proposed Budget Amendments FY2016-17 Proposed Amended Budget Salaries and Benefits $20,212,015 $20,212,015 $159,621 $20,371,636 ($1,037,683)($1,037,683)$0 ($1,037,683) Net Salaries and Benefits $19,174,332 $19,174,332 $159,621 $19,333,953 Services and Supplies $8,168,018 $8,168,018 $28,213 $8,196,231 Total Operating Expenditures $27,342,350 $0 $27,342,350 $187,834 $27,530,184 $3,616,300 $3,616,300 ($40,000)$3,576,300 $15,066,450 $6,498,272 $21,564,722 $29,108 $21,593,830 Total Capital Expenditures $18,682,750 $6,498,272 $25,181,022 ($10,892)$25,170,130 $399,750 $1,650,000 $2,049,750 $2,049,750 $608,350 $608,350 $608,350 Total Land and Associated Costs $1,008,100 $1,650,000 $2,658,100 $2,658,100 $11,084,840 $11,084,840 $11,084,840 Total Debt Service $11,084,840 $0 $11,084,840 $11,084,840 $58,118,040 $8,148,272 $66,266,312 $176,942 $66,443,254 General Fund Land and Associated Costs DISTRICT BUDGET BY CATEGORY Less: MAA Reimbursable Staff Costs General Fund Capital Measure AA Capital Measure AA Land and Associated Costs Debt Service TOTAL DISTRICT BUDGET R-16-134 Page 4 Table 2B: Proposed Changes to FY 2016-17 Budget by Funding Source Land and Associated Costs On August 28, 2016, the Board authorized the purchase of the Petersen property (R-16-106). At the time of the property purchase authorization, a resolution authorizing a corresponding budget amendment was not included. This report and resolution will authorize an administrative budget cleanup to retro-actively ratify the authorized budget amendment for the Petersen property in the amount of $700,000. There was no delay in finalizing the Petersen property purchase. Table 3A and Table 3B reflects the administrative budget cleanup for the previously Board approved Petersen purchase. Table 3A: Petersen Property Purchase Budget Amendment by Category Table 3B: Petersen Property Purchase Budget Amendment by Fund FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) Quarter 1 Proposed Budget Amendments FY2016-17 Proposed Amended Budget $38,427,190 $38,427,190 $187,834 $38,615,024 $3,916,050 $1,650,000 $5,566,050 ($40,000)$5,526,050 $14,933,200 $6,498,272 $21,431,472 $29,108 $21,460,580 $841,600 $841,600 $841,600 TOTAL DISTRICT BUDGET $58,118,040 $8,148,272 $66,266,312 $176,942 $66,443,254 General Fund Operating General Fund Land/Capital Measure AA Land/Capital Grants DISTRICT BUDGET BY FUNDING SOURCE FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) FY2016-17 Proposed Amended Budget Salaries and Benefits $20,212,015 $20,212,015 $20,212,015 ($1,037,683)($1,037,683)($1,037,683) Net Salaries and Benefits $19,174,332 $19,174,332 $19,174,332 Services and Supplies $8,168,018 $8,168,018 $8,168,018 Total Operating Expenditures $27,342,350 $0 $27,342,350 $27,342,350 $3,616,300 $3,616,300 $3,616,300 $15,066,450 $6,498,272 $21,564,722 $21,564,722 Total Capital Expenditures $18,682,750 $6,498,272 $25,181,022 $25,181,022 $399,750 $1,650,000 $2,049,750 $2,049,750 $608,350 $608,350 $700,000 *$1,308,350 Total Land and Associated Costs $1,008,100 $1,650,000 $2,658,100 $700,000 $3,358,100 $11,084,840 $11,084,840 $11,084,840 Total Debt Service $11,084,840 $0 $11,084,840 $11,084,840 $58,118,040 $8,148,272 $66,266,312 $700,000 $66,966,312 General Fund Land and Associated Costs DISTRICT BUDGET BY CATEGORY Quarter 1 Proposed Budget Less: MAA Reimbursable Staff Costs General Fund Capital Measure AA Capital Measure AA Land and Associated Costs Debt Service TOTAL DISTRICT BUDGET *On August 28, 2016, the Board of Directors approved the Petersen Property Purchase (R-16-106). A corresponding budget amendment was not included in the adopted resolution at the time the Board authorized the purchase. FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) FY2016-17 Proposed Amended Budget $38,427,190 $38,427,190 $0 $38,427,190 $3,916,050 $1,650,000 $5,566,050 $0 $5,566,050 $14,933,200 $6,498,272 $21,431,472 $700,000 *$22,131,472 $841,600 $841,600 $841,600 TOTAL DISTRICT BUDGET $58,118,040 $8,148,272 $66,266,312 $700,000 $66,966,312 General Fund Operating General Fund Land/Capital Measure AA Land/Capital Grants DISTRICT BUDGET BY FUNDING SOURCE Quarter 1 Proposed Budget R-16-134 Page 5 FISCAL IMPACT Board approval of the FY2016-17 proposed budget amendments would increase the District’s FY2016-17 Budget by $876,942, for a total of $67,143,254 to cover personnel services, unanticipated services and supplies expenses, as well as project expenses as a result of unanticipated project scope changes. 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 Upon Board approval, staff will make the necessary Budget amendments. Attachments: 1. Resolution Amending the budget for Fiscal Year 2016-17 2. FY2016-17 Quarter 1 Budget Changes by Department Responsible Department Head: Stefan Jaskulak, Chief Financial Officer Prepared by: Nicole Gonzales, Finance & Budget Analyst II Resolutions/2016/16-__FY16-17 Q1 Budget Adjustments 1 RESOLUTION NO. 16-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING THE BUDGET FOR FISCAL YEAR 2016-17 WHEREAS, on June 22, 2016 the Board of Directors of the Midpeninsula Regional Open Space District adopted the Fiscal Year 2016-17 Budget and Action Plan; and WHEREAS, additional funding is required for personnel services, unanticipated services and supplies, and project expenses; and WHEREAS, the General Manager recommends amending the FY 2016-17 Budget; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. Amend the Budget for the Midpeninsula Regional Open Space District for the Fiscal Year 2016-17 as follows: DISTRICT BUDGET BY CATEGORY FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) Quarter 1 Proposed Budget Amendments FY2016-17 Proposed Amended Budget Operating Expenditures $27,342,350 $0 $27,342,350 $187,834 $27,530,184 Capital Expenditures $18,682,750 $6,498,272 $25,181,022 ($10,892) 25,170,130 Land & Associated Costs $1,008,100 $1,650,000 $2,658,100 $700,000 $3,358,100 Debt Service $11,084,840 $0 $11,084,840 $0 $11,084,840 Total District Budget $58,118,040 $8,148,272 $66,266,312 $876,942 $67,143,254 SECTION TWO. Monies are hereby appropriated in accordance with said budget. SECTION THREE. Except as herein modified, the FY 2016-17 Budget and Action Plan, Resolution No. 16-25 as amended, shall remain in full force and effect. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, 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 10/14/201611:06 AM FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) Quarter 1 Proposed Budget Amendments FY2016-17 Proposed Amended Budget Administrative Services Salaries and Benefits $3,564,339 $3,564,339 $3,564,339 Services and Supplies $1,099,367 $1,099,367 $1,099,367 Total Operating Expenditures $4,663,706 $4,663,706 $4,663,706 General Fund Capital $526,700 $526,700 $526,700 Debt Service $11,084,840 $11,084,840 $11,084,840 $16,275,246 $16,275,246 $16,275,246 Engineering & Construction Salaries and Benefits $661,344 $661,344 $661,344 Less: MAA Reimbursable Staff Costs ($152,917)($152,917)($152,917) Net Salaries and Benefits $508,427 $508,427 $508,427 Services and Supplies $59,550 $59,550 $59,550 Total Operating Expenditures $567,977 $567,977 $567,977 General Fund Capital $532,750 $532,750 $532,750 Measure AA Capital $11,615,042 $6,438,272 $18,053,314 $18,053,314 Total Capital Expenditures $12,147,792 $6,438,272 $18,586,064 $18,586,064 $12,715,769 $6,438,272 $19,154,041 $19,154,041 General Counsel Salaries and Benefits $511,956 $511,956 $511,956 Services and Supplies $61,115 $61,115 $61,115 Total Operating Expenditures $573,071 $573,071 $573,071 $573,071 $573,071 $573,071 General Manager Salaries and Benefits $1,500,452 $1,500,452 $1,500,452 Services and Supplies $401,790 $401,790 $401,790 Total Operating Expenditures $1,902,242 $1,902,242 $1,902,242 $1,902,242 $1,902,242 $1,902,242 Land & Facilities Salaries and Benefits $5,099,687 $5,099,687 $5,099,687 Less: MAA Reimbursable Staff Costs ($657,176)($657,176)($657,176) Net Salaries and Benefits $4,442,511 $4,442,511 $4,442,511 Services and Supplies $3,244,861 $3,244,861 $178,590 $3,423,451 Total Operating Expenditures $7,687,372 $7,687,372 $178,590 $7,865,962 General Fund Capital $2,196,650 $2,196,650 $2,196,650 Measure AA Capital $1,049,139 $1,049,139 $1,049,139 Total Capital Expenditures $3,245,789 $3,245,789 $3,245,789 $10,933,161 $10,933,161 $178,590 $11,111,751 Natural Resources Salaries and Benefits $1,336,729 $1,336,729 $1,336,729 Less: MAA Reimbursable Staff Costs ($193,837)($193,837)($193,837) Net Salaries and Benefits $1,142,892 $1,142,892 $1,142,892 Services and Supplies $1,148,720 $1,148,720 ($144,064)$1,004,656 Total Operating Expenditures $2,291,612 $2,291,612 ($144,064)$2,147,548 General Fund Capital $120,000 $120,000 ($40,000)$80,000 Measure AA Capital $1,053,417 $1,053,417 ($78,892)$974,525 Total Capital Expenditures $1,173,417 $1,173,417 ($118,892)$1,054,525 $3,465,029 $3,465,029 ($262,956)$3,202,073 FY 2016-17 Quarter 1 Budget Amendments (Attachment 2) DISTRICT BUDGET BY EXPENDITURE CATEGORY Total Administrative Services Expenditures Total General Manager Expenditures Total Natural Resources Expenditures Total General Counsel Expenditures Total Engineering & Construction Expenditures Total Land & Facilities Expenditures 10/14/201611:06 AM FY 2016-17 Quarter 1 Budget Amendments (Attachment 2) FY2016-17 Adopted Budget YTD Approved Budget Amendments Amended Budget (as of 09/30/2016) Quarter 1 Proposed Budget Amendments FY2016-17 Proposed Amended Budget Planning Salaries and Benefits $1,352,252 $1,352,252 $1,352,252 Less: MAA Reimbursable Staff Costs ($33,752)($33,752)($33,752) Net Salaries and Benefits $1,318,500 $1,318,500 $1,318,500 Services and Supplies $700,620 $700,620 $700,620 Total Operating Expenditures $2,019,120 $2,019,120 $2,019,120 General Fund Capital $240,200 $240,200 $240,200 Measure AA Capital $1,348,852 $60,000 $1,408,852 $108,000 $1,516,852 Total Capital Expenditures $1,589,052 $60,000 $1,649,052 $108,000 $1,757,052 $3,608,172 $60,000 $3,668,172 $108,000 $3,776,172 Public Affairs Salaries and Benefits $969,616 $969,616 $969,616 Services and Supplies $793,650 $793,650 $793,650 Total Operating Expenditures $1,763,266 $1,763,266 $1,763,266 $1,763,266 $1,763,266 $1,763,266 Real Property Salaries and Benefits $626,896 $626,896 $626,896 Less: MAA Reimbursable Staff Costs $0 $0 $0 Net Salaries and Benefits $626,896 $626,896 $626,896 Services and Supplies $155,870 $155,870 $155,870 Total Operating Expenditures $782,766 $782,766 $782,766 General Fund Land and Associated Costs $399,750 $1,650,000 $2,049,750 $2,049,750 Measure AA Land and Associated Costs $608,350 $608,350 $700,000 $1,308,350 Total Land and Associated Costs $1,008,100 $1,650,000 $2,658,100 $700,000 $3,358,100 $1,790,866 $1,650,000 $3,440,866 $700,000 $4,140,866 Visitor Services Salaries and Benefits $4,588,744 $4,588,744 $159,621 $4,748,365 Services and Supplies $502,475 $502,475 ($6,313)$496,162 Total Operating Expenditures $5,091,219 $5,091,219 $153,308 $5,244,527 $5,091,219 $5,091,219 $153,308 $5,244,527 Total Planning Expenditures Total Public Affairs Expenditures Total Real Property Expenditures DISTRICT BUDGET BY EXPENDITURE CATEGORY Total Visitor Services Expenditures R-16-141 Meeting 16-26 October 26, 2016 AGENDA ITEM 12 AGENDA ITEM Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee Controller BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the Controller for Fiscal Year 2016-17: Adjust the Controller’s annual salary to $42,900 plus a one-time merit pay bonus of $2,300. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. DISCUSSION The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation process for its Appointees. The BAE Committee was instructed to serve as the District’s negotiator and met with the Board Appointees to discuss their performance and compensation. The Board has three appointees: the General Manager, the Controller, and the General Counsel. The Board, working through the BAE Committee, implemented this process and completed this year’s annual evaluation of the performance of the Controller, during several meetings in June through October, 2016. The Board is extremely pleased with the Controller’s help and commitment to the District. His help was critical to implementation of Measure AA, including the restructuring of the organization. His forecasting models will help ensure our future staffing is consistent with revenue. All key objectives were met, along with additional ones that developed over time. Largely through the Controller’s financial guidance the District continues to secure excellent bond rates. His significant accomplishments of the year were: 1. Strategic planning and documents for refinancing of 2007 and 2011 bonds. 2. Oversaw sales of General Obligation (GO) bonds at less than 4%. 3. Continues to support a successful FOSM process. 4. Making good progress on transferring his responsibilities to new Chief Financial Officer/Administrative Services Director (CFO) and teams. R-16-141 Page 2 The Board is particularly pleased with the Controller’s extra efforts last year (and a quarter) in his dedication on behalf of the District; his exceptional performance, strategy development, and extra time spent was well above expectations particularly in overseeing financial activities during the CFO’s absence and in re-issuing bonds for very significant cost savings to the District. The Board is decreasing the Controller’s compensation this year as he is decreasing his hours and transferring work responsibilities to the new CFO. BOARD COMMITTEE REVIEW The recommended performance review and salary adjustments were thoroughly reviewed by the Board Appointee Evaluation Committee, prior to review by the Board. FISCAL IMPACT For the Controller: Total of the annual salary = $42,900 with a one-time merit pay bonus of $2300. PUBLIC NOTICE All public noticing requirements of the Brown Act have been met. No additional notice is necessary. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act (CEQA). NEXT STEPS If approved, the compensation adjustments and merit bonuses will be implemented as set out in the Resolutions attached, and the employment agreements will go into effect immediately. Attachments: 1. Resolution Approving Salary Adjustment and Revised Employment Agreement for the Controller Submitted by: Board Appointee Evaluation Committee Director Kishimoto Director Hassett Director Siemens, Chair Resolutions/2016/16-__ControllerSalaryAdjustment 1 RESOLUTION NO. 16-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT PAY BONUS FOR THE DISTRICT CONTROLLER WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District Controller Employment Agreement (“Agreement”) with Michael L. Foster, employing him as the District's District Controller; and WHEREAS, the Agreement provides for an annual review of the District Controller’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the Controller’s performance, desires to grant him an adjustment to his base salary, to $42,900 per year, with a one-time merit pay bonus of $2,300 in recognition of his performance during Fiscal Year 2015-2016; The Board is particularly pleased with the Controller’s extra efforts last year (and a quarter) in his dedication on behalf of the District; his exceptional performance, strategy development, and extra time spent was well above expectations particularly in overseeing financial activities during the CFO’s absence and in re-issuing bonds for very significant cost savings to the District; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the Controller by adoption of this resolution to adjust his annual salary to $42,900 per year, effective November 1, 2016 for Fiscal Year 2016-17, authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District Controller Employment Agreement reflecting that adjustment, and further grants a one-time merit pay bonus of $2,300. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2016/16-__ControllerSalaryAdjustment 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 R-16-142 Meeting 16-26 October 26, 2016 AGENDA ITEM 13 AGENDA ITEM Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Counsel BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Counsel for Fiscal Year 2016-17: Adjust the General Counsel’s base salary upward to $222,760 plus a one-time merit pay bonus of $10,600. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. DISCUSSION The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation process for its Appointees. The BAE Committee was instructed to serve as the District’s negotiator and met with the Board Appointees to discuss their performance and compensation. The Board has three appointees: the General Manager, the Controller, and the General Counsel. The Board, working through the BAE Committee, implemented this process and completed this year’s annual evaluation of the performance of the General Counsel, during several meetings in June through October, 2016. The Board continues to appreciate General Counsel’s creativity, hard work and dedication to the District. We feel that her objectives were met, except where circumstances were beyond her control. The District is well served by her proactivity in structuring approaches to legal issues that could arise when complex tasks are contemplated. General Counsel’s working relationship with the General Manager and the Board continues to be very good. She has been very proactive in anticipating issues, and ways to respond to them. Her use of networking contacts has been excellent. She has been diligent in mentoring our Assistant General Counsel, and continually educates District staff members to raise their awareness of legal issues. General Counsel has been very judicious in selecting and retaining outstanding consultants. As a particular project she helped conduct an RFP and selection process for the new consulting portion of the bond team: Bond Counsel, Disclosure Counsel, Financial Advisor, and Underwriter, and an excellent team was selected. R-16-142 Page 2 The Board is particularly pleased with General Counsel’s extra efforts last year (and a quarter) in her dedication on behalf of the District: her exceptional performance, strategy development, and extra time spent was well above expectations in resolving a large number of issues (both legal and other) that arose during that time. BOARD COMMITTEE REVIEW The recommended performance review and salary adjustments were thoroughly reviewed by the Board Appointee Evaluation Committee, prior to review by the Board. FISCAL IMPACT For the General Counsel: Total of the annual salary plus adjustment = $222,760 with a one-time merit pay bonus of $10,600. PUBLIC NOTICE All public noticing requirements of the Brown Act have been met. No additional notice is necessary. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act (CEQA). NEXT STEPS If approved, the compensation adjustments and merit bonuses will be implemented as set out in the Resolutions attached, and the employment agreements will go into effect immediately. Attachments: 1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General Counsel Submitted by: Board Appointee Evaluation Committee Director Kishimoto Director Hassett Director Siemens, Chair Resolutions/2016/16-__GeneralCounselSalaryAdjustment 1 RESOLUTION NO. 16-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT PAY BONUS FOR THE DISTRICT GENERAL COUNSEL WHEREAS, effective March 19, 2012, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Counsel Employment Agreement (“Agreement”) with Sheryl Schaffner, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of the General Counsel’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the General Counsel’s performance, in recognition of her performance during Fiscal Year 2015-2016 and to bring her compensation closer to the comparable median, desires to grant an adjustment to the General Counsel’s base salary upward to $222,760 plus a one-time merit pay bonus of $10,600. The Board is particularly pleased with General Counsel’s extra efforts last year (and a quarter) in her dedication on behalf of the District: her exceptional performance, strategy development, and extra time spent was well above expectations in resolving a large number of issues (both legal and other) that arose during that time. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this resolution an adjustment to her base salary up to $222,760, retroactive to July 1, 2016 for Fiscal Year 2016-17, authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District General Counsel Employment Agreement reflecting that increase, and further grants a one-time merit pay bonus of $10,600,. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attachment 2 Resolutions/2016/16-__GeneralCounselSalaryAdjustment 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 2 R-16-143 Meeting 16-26 October 26, 2016 AGENDA ITEM 14 AGENDA ITEM Approval of Salary Adjustments and Revised Employment Agreement for Board Appointee General Manager BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS As a result of the Board’s evaluation of the performance of the District’s Board Appointees for Fiscal Year 2015-16, the Board Appointee Evaluation Committee recommends the following compensation adjustments for the General Manager for Fiscal Year 2016-17: Adjust the General Manager’s base salary upward to $247,600, plus a one-time merit pay bonus of $12,000. The Board Appointee Evaluation Committee recommends the adoption of a resolution approving the salary adjustments set out in Recommendations and authorizing the Board President to execute a revised Board Appointee Employment Agreement. DISCUSSION The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation process for its Appointees. The BAE Committee was instructed to serve as the District’s negotiator and met with the Board Appointees to discuss their performance and compensation. The Board has three appointees: the General Manager, the Controller, and the General Counsel. The Board, working through the BAE Committee, implemented this process and completed this year’s annual evaluation of the performance of the General Manager, during several meetings in June through October, 2016. The Board was very pleased with the General Manager’s performance during the last fiscal year and resulting success of District programs and projects carried out as part of his duties. His actions included an unprecedented organizational ramp-up, hiring many new key leadership positions, continuing to strengthen relationships with partner agencies, and focusing on excellence. Key results: 1. Decision to reissue old bonds for cost savings. 2. Ensured that the changes brought about by Measure AA are being effectively woven into the fabric of our organization. As there are no examples of other public agency restructuring on this scale that we could follow, this past year required disciplined change management to ensure the success in implementing sweeping organizational changes. The Board expects a continuing emphasis on organizational changes to convert the District focus from planning and thinking, to a sophisticated but action-oriented organization with excellence in strategic planning, and quality engineering and construction. R-16-143 Page 2 3. Managed a greatly expanded capital program, with a significant number of projects completed and substantial progress made on the others. 4. Attended more than 30-agency, partner and Non-Governmental Organization (NGO) events and spoke at most of them, including three statewide conferences. 5. Substantial progress made in opening Mt. Umunhum, including a creative plan to include the veterans and the Amah Mutsun tribe in agreements to protect the mountain. 6. Created new departments for Engineering and Construction management and for Information Services and Technology, and restructured the Operations department into two new departments for Visitor Services and Land and Facilities. 7. Opened Mindego Hill. 8. Protection of 638 additional acres of open space. All performance standards for the year were met, as were critical deadlines. His personal level of effort remained consistent and focused on outcomes. It is significant to note that this performance year is based on five quarters, from April 2015 through June 2016, because of the District’s extended fiscal year. The Board is particularly pleased with Steve’s extra efforts last year (and a quarter) in his dedication on behalf of the District; his exceptional performance, strategy development, and extra time spent was well above expectations particularly in resolving staffing issues and in outreach to partners. Based on his performance evaluation in FY2015-16, the BAE Committee recommends providing the General Manager compensation noted above. BOARD COMMITTEE REVIEW The recommended performance review and salary adjustments were thoroughly reviewed by the Board Appointee Evaluation Committee, prior to review by the Board. FISCAL IMPACT For the General Manager: Total of the annual salary plus adjustment = $247,600 with a one-time merit pay bonus of $12,000. PUBLIC NOTICE All public noticing requirements of the Brown Act have been met. No additional notice is necessary. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act (CEQA). NEXT STEPS If approved, the compensation adjustments and merit bonuses will be implemented as set out in the Resolutions attached, and the employment agreements will go into effect immediately. R-16-143 Page 3 Attachment: 1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General Manager Submitted by: Board Appointee Evaluation Committee Director Kishimoto Director Hassett Director Siemens, Chair Resolutions/2016/16-__GenlMgrSalaryAdjustment 1 RESOLUTION NO. 16-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT AND ONE-TIME MERIT PAY BONUS FOR THE DISTRICT GENERAL MANAGER WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Manager Employment Agreement (“Agreement”) with Stephen E. Abbors, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager’s performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the General Manager’s performance, in recognition of his performance during Fiscal Year 2015-2016 and to bring his compensation closer to the comparable median, desires to grant the General Manager an adjust to the General Manager’s base salary upward to $247,600, plus a one-time merit pay bonus of $12,000. The Board is particularly pleased with Steve’s extra efforts last year (and a quarter) in his dedication on behalf of the District; his exceptional performance, strategy development, and extra time spent was well above expectations particularly in resolving staffing issues and in outreach to partners. Based on his performance evaluation in FY2015-16, the BAE Committee recommends providing the General Manager compensation noted above. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution an adjustment to his base salary up to $247,600 retroactive to July 1, 2016 for Fiscal Year 2016-17, authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District General Manager Employment Agreement reflecting that increase, and further grants a one-time merit pay bonus of $12,000. * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attachment 1 Resolutions/2016/16-__GenlMgrSalaryAdjustment 2 ATTEST: APPROVED: Secretary Board of Directors President Board of Directors APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 R-16-144 Meeting 16-26 October 26, 2016 AGENDA ITEM 15 AGENDA ITEM Appointment of Unopposed Candidates in Wards 3, 4, and 7 GENERAL MANAGER’S RECOMMENDATION Adopt resolutions appointing the following unopposed candidates: J. Edmond (Jed) Cyr, Jr. as Ward 3 Director to a four-year term; Curtis R. Riffle as Ward 4 Director to a four-year term, and Cecily Harris as Ward 7 Director to a four-year term. SUMMARY AND DISCUSSION Public Resources Code Section 5532(e) states, in part, that the Board of Directors shall appoint unopposed candidates who have been nominated. Section 5532(e) specifies that the Board of Directors shall make the appointment(s) and that the person(s) appointed shall qualify and take office, and serve exactly as if elected for office. The Board of Directors adopted Resolution No. 16-22 on June 8, 2016 authorizing the Registrars of Voters to not list any unopposed candidates for the November 8, 2016 election. J. Edmond (Jed) Cyr, Jr. of Sunnyvale is the unopposed candidate nominated for the position of Director in Ward 3. Curtis R. Riffle of Los Altos is the unopposed candidate nominated for the position of Director in Ward 4. Cecily Harris of San Carlos is the unopposed candidate nominated for the position of Director in Ward 7 In accordance with the provisions of Public Resources Code Sections 5532(f) and (g), certificates of election shall be issued, and the Oath of Office shall be administered within 30 days of the appointment, and at least 15 days before the start of the term. The Directors’ terms will begin on January 1, 2017. FISCAL IMPACTS There are no fiscal impacts associated with this agenda item. This is not a Measure AA project. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. R-16-144 Page 2 CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the Board approves appointment of the unopposed candidates to Wards 3, 4, and 7, the District Clerk will administer the Oath of Office, issue certificates of appointment, and each appointed Director will take office on January 1, 2017, and serve as if elected at the November 8, 2016 general district election. Attachments: 1. Resolution Appointing Director in Ward 3 2. Resolution Appointing Director in Ward 4 3. Resolution Appointing Director in Ward 7 Responsible Department Manager: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk/Assistant to the General Manager Resolutions/2016/16-__Appoint Ward 3 1 RESOLUTION NO. 16-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR – WARD 3 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director – Ward 3 of the Midpeninsula Regional Open Space District was scheduled to be held on November 8, 2016; and WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, J. Edmond Cyr was unopposed as a candidate for Director – Ward 3. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, J. EDMOND CYR Is appointed Director – Ward 3 of said District, is duly qualified for the office of Director – Ward 3 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 8, 2016 general district election for said office. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a special meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 1 Resolutions/2016/16-__Appoint Ward 3 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 1 Resolutions/2016/16-__Appoint Ward 4 1 RESOLUTION NO. 16-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR – WARD 4 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director – Ward 4 of the Midpeninsula Regional Open Space District was scheduled to be held on November 8, 2016; and WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Curtis R. Riffle was unopposed as a candidate for Director – Ward 4. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, CURTIS R. RIFFLE Is appointed Director – Ward 4 of said District, is duly qualified for the office of Director – Ward 4 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 8, 2016 general district election for said office. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a special meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 2 Resolutions/2016/16-__Appoint Ward 4 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 2 Resolutions/2016/16-__Appoint Ward 7 1 RESOLUTION NO. 16-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING DIRECTOR – WARD 7 OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, an election for the office of Director – Ward 7 of the Midpeninsula Regional Open Space District was scheduled to be held on November 8, 2016; and WHEREAS, at 5:00 p.m. on the 83rd day prior to the date of said election only one person had been nominated for the position to be filled at that election; and WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board of Directors, at a regular or special meeting shall appoint to the office the person who has been nominated, and WHEREAS, Cecily Harris was unopposed as a candidate for Director – Ward 7. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the Public Resources Code, CECILY HARRIS Is appointed Director – Ward 7 of said District, is duly qualified for the office of Director – Ward 7 of the Midpeninsula Regional Open Space District and shall take office and serve exactly as if elected at the November 8, 2016 general district election for said office. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2016, at a special meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary Board of Directors President Board of Directors Attachment 3 Resolutions/2016/16-__Appoint Ward 7 2 APPROVED AS TO FORM: General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk Attachment 3 DATE: October 26, 2016 MEMO TO: Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Kevin Woodhouse, Assistant General Manager Michael Newburn, Visitor Services Manager SUBJECT: Proposed Changes to the Process for Appointing District Peace Officers and Redesign of the District Rangers’ Badge _____________________________________________________________________________ The purpose of this memorandum is to inform the Board of Directors about changes to the method by which District rangers are appointed as Peace Officers and the associated badging ceremony, and a proposed redesign of the District rangers’ badge. If there are no concerns raised by the Board, the General Manager’s proposed changes will be implemented. Alternatively, if Boardmembers raise concerns, the Board could refer this item for committee review by majority vote. PEACE OFFICER APPOINTMENT PROCESS Background At its meeting of January 14, 1976, the Board of Directors determined that District rangers were to be appointed peace officers as classified by California Penal Code Section 830.31(b). The code specifies that a person is a peace officer if he/she is designated by a local agency as a park ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the protection of park and other property of the agency and the preservation of the peace therein (see Report R-76-2). In January, 2010 the District initiated the practice of having a swearing-in ceremony, which would include the manager in charge of the ranger staff orally administering the written oath that all District Rangers sign, and to have this act performed before the Board of Directors (R-10-03). Proposed Changes The proposed change is to have the Visitor Services Manager make the appointment of District Peace officers, and have the District Clerk administer the Oath of Office at a badging ceremony to occur during work hours and to which friends and family would be invited to attend. Board members who would like to attend would also be most welcome. This process and ceremony would replace the current practice of having a Board report and resolution for each peace officer who is appointed. Page 2 of 3 Reasons for Proposed Changes With the growth of the agency, and the creation of a seasonal ranger program, the number of peace officer appointments has grown. The practice of waiting for the next available Board meeting to appoint peace officer delays (up to two weeks) the appointment, which in turn delays their required Field Training. In addition, a daytime ceremony will allow more flexibility than at a Board meeting for staff or Boardmembers who attend to meet and greet with the newly appointed peace officer. Discussions were held with District legal staff who confirmed that there is not a legal requirement for a Board resolution or a ceremony during a Board meeting. Other local agencies were also contacted and the common practice is for a staff-level ceremony, including administering the oath of office. Next Steps Once finalized, the new procedure would be implemented with the next ranger who is appointed as a peace officer. Staff who are hired as full time District rangers would be introduced to the Board in the same manner as other District staff. CHANGES TO THE DESIGN OF DISTRICT RANGER BADGE Background District rangers wear a seven-point star badge which identifies their authority as peace officers. There have been two changes to the ranger badge since its inception. The first change came when the District changed its name from Midpeninsula Regional Park District to Midpeninsula Regional Open Space District. The second change occurred in the early 1990’s when the old District logo was removed from center of the badge and replaced with the seal of the State of California. One major deficiency in the current badge design is the lack of space to display the badge number, which is often asked for by members of the public. Currently, staff are provided with three badges -- one wallet badge and two curved badges which are worn on garments. Proposed Changes To accommodate room for a badge number on the front of the badge the current rocker (the position label) will need to move to the top of the badge. Additionally, the new rocker will have room to inscribe the appropriate ranger classification, which is industry standard practice and helpful during public interactions and emergency situations. The proposed changes include the following: • Assigned badge number to be outward facing so staff can be readily identified by their badge number. • A rocker which indicates the rank of the staff member (Ranger, Lead Ranger, Supervising Ranger, Superintendent, Chief). • Increased size of the badge from 2 ½ inches to 3 inches to allow for the additional information to be legible and to use industry standard size badge templates. • Issue one badge instead of three, replacing outer wear badges with cloth badges: Badges which are worn by staff on outer wear often suffer from wear and tear by their exposure to the elements and tough working environment. When badges become worn they are refurbished, a process can weaken the clasp which holds the badge in place and increases the likelihood of the badge falling off the garment. To address these issues, staff would be Page 3 of 3 issued one badge, to be worn on regular uniform shirts, and cloth badges would be provided for use on outer wear. Staff who wish may purchase a flat (wallet) badge at their own cost. The figure below shows an approximation of the differences between the old and new badges. Costs One-time costs for the proposed changes are estimated to be $6,000. This would cover the 33 sworn positions. Staff who wish may buy one of the replaced badges at a cost of $60/badge, which would help to offset the cost of the new badges. Next Steps Once finalized, the newly designed badges would be ordered and a procedure for replacement of the badges would be implemented. Implementation is anticipated to take place in January, 2017. Current Badge Design Proposed Badge Design Note: Picture of proposed badge does not have final gold finish and will appear the same as the current badge. Badge number From:Jennifer Woodworth Subject:Board Questions Re: 10/26/16 Agenda Date:Wednesday, October 26, 2016 8:50:38 AM Good morning all, Please find the responses below in blue to questions submitted regarding items on tonight's agenda. Please let me know if you have any additional questions. Thank you. Jen Director Cyr Claims - AED's at over $1,000each? Research on the feasibility of purchasing Automated External Defibrillators was one of the projects listed in our Action Plan for last fiscal year, with purchase being listed in our Action Plan for the current fiscal year. A Request for Proposals (RFP) was sent out on April 28th, 2016. Five bids were received in response to the RFP. The lowest bidder (HeartSmart) was chosen. Total cost from HeartSmart was $1,088 per unit ($20,669 for 19 Units). We also worked with a private non-profit (RacingHearts.org) which had received a grant from the Santa Clara County Board of Supervisors to assist in the purchase of AEDs to be used in Santa Clara County. Cost per unit from this purchase was $800/unit ($16,000 for 20 units). Because of this partnership with Racing Hearts the District saved $5,757. Besides patrol trucks, there are now AEDs at the AO4, Annex and Daniels Nature Center. Director Kishimoto Claims - more details on the bobcat tractor $124,000? Seems very high for one bobcat tractor. There are many different models of Bobcat and attachments, that can be purchased. This model is on the larger end of the range and has a higher reach than most Bobcats. It is also very versatile. As with all our capital equipment purchases we used the state bid which provides a below retail market price. The Bobcat Track Loader T870 (http://www.bobcat.com/loaders/compact-track- loaders/models/t870/features) is different than the bobcat at the Foothills field office so it can fill a different role and be traded between the offices as needed. This one is large enough to load our large dump truck, so the skip loader tractor can be working at spreading rock or other jobs. Because of the versatility of the Bobcat attachments, we set this up to be a mower, mini-dozer, loader, vibratory compactor and forklift. These are all items we use on a regular basis for road maintenance work and have had difficulties coordinating loading the truck with spreading rock on some jobs. In the future, there are possibilities to buy trench diggers, chippers, brush bucket grapple, stump grinders, and a wide variety of equipment as the job requires. Agenda item 10 - grazing how many bidders were there/are there for our grazing contracts? (for most recent one or two) It depends on the size and accessibility of the parcel. The last two opportunities are perfect examples. There were only two bids for Mindego area of Russian Ridge Preserve but there were 45 people who attended the pre-bid tour and 9 people who submitted bids for the former Driscoll and McDonald properties in La Honda Creek Preserve. Are we requiring certain dollar indemnification of grazing contractors? The indemnification does not carry a limit but we require insurance naming the District as an additional insured of Commercial General Liability Insurance and Business Auto Coverage insurance, each in an amount of not less than $1,000,000.00 aggregate and per occurrence or accident for all covered losses.. Do we know how much more the insurance costs for areas which allow public access? We called several insurers that handle grazing properties. Unfortunately none of them were able to make a blanket statement about how public access would affect insurance rates, if at all. They will only offer a quote for a specific property and conditions. There are many insurance companies that will insure grazing properties with public access and some that do not. The one tenant the District has that is grazing on property open to the public at Mindego Hill was able to obtain insurance. All our current tenants have leases that allow for public access. are there many cases of the recreational use statute protecting grazers when/if there have been incidents or lawsuits? In discussions with other agencies we could not find examples of civil lawsuits that resulted in significant liability or cases that were not brought forward due to the recreational use statue. Jennifer Woodworth, MMC District Clerk/ Assistant to the General Manager jwoodworth@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if any) may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act.