HomeMy Public PortalAbout20160413 - Agenda Packet - Board of Directors (BOD) - 16-08
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, April 13, 2016
6:00 PM
A G E N D A
6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to 54956.9(d)(1): (one potential case)
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
SPECIAL ORDERS OF THE DAY
• Staff Introductions
o Jay Lin, Engineering and Construction Manager
o Melissa Garcia, Administrative Assistant
CONSENT CALENDAR
All items on the Consent Calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
Meeting 16-08
1. Approve Board Meeting Minutes:
March 23, 2016
2. Approve Claims Report
3. Award of Contract for Bear Creek Redwoods Ponds Assessment and Management Plan (R-
16-45)
Staff Contact: Julie Andersen, Resource Management Specialist III, Natural Resources
General Manager’s Recommendation
: Authorize the General Manager to enter into a contract with
Balance Hydrologics, Inc. for a not to exceed amount of $90,000, to assess three ponds and
develop a management plan to guide restoration and maintenance actions at Bear Creek Redwoods
Open Space Preserve.
4. Amend the Contract with Tyler Technologies (formerly New World Systems) (R-16-37)
Staff Contact: Kate Drayson, Special Projects Manager, Administrative Services Department
General Manager’s Recommendation
: Authorize the General Manager to amend the contract with
Tyler Technologies to increase the compensation by $48,000 from $317,400 to a total not to exceed
amount of $365,400, to complete the Integrated Accounting and Financial System Payroll Module
implementation.
5. Approval of Right-of-Way Contract with California Department of Transportation
(Caltrans) for fee and easement rights for safety improvements along Highway 9 west of the
City of Saratoga at the Saratoga Gap Open Space Preserve (Portion of Santa Clara County
Assessor’s Parcel Numbers 503-42-028 and 503-37-009) and along Highway 84 west of the
unincorporated community of La Honda at the La Honda Creek Open Space Preserve
(Portion of San Mateo County Assessor’s Parcel Number 082-170-040), in exchange for a
quitclaim deed for the existing 8 foot by 8 foot concrete tunnel that runs under Highway 84
that connects two District properties within the La Honda Creek Open Space Preserve
(APNs: 082-130-130 and 082-170-040). (R-16-38)
Staff Contact: Allen L. Ishibashi, Senior Real Property Agent
General Manager’s Recommendation
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) for the reasons set out in the staff report.
:
2. Adopt a resolution authorizing the execution of the Right-of-Way Contract for the exchange of
property rights between the District and Caltrans at no cost to the District.
3. Adopt the Preliminary Use and Management Plan for the Highway 84 tunnel undercrossing as
set out in the staff report.
6. Proposed Purchase of the Freudenberg property as an addition to Sierra Azul Open Space
Preserve located off of Weaver Road in unincorporated Santa Clara County (Assessor’s
Parcel Number 558-46-001). (R-16-39)
Staff Contact: Allen L. Ishibashi, Senior Real Property Agent
General Manager’s Recommendation
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
:
2. Adopt a Resolution authorizing the purchase of the Freudenberg property at a cost of $540,000.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report.
4. Indicate the intention to withhold dedication of the Freudenberg property as public open space.
7. Authorization to Award Contract to Ecological Concerns, Inc. for Invasive Species
Management on Four Projects in FY2015-16, FY2016-17, and FY2017-18. (R-16-36)
Staff Contact: Coty Sifuentes, Integrated Pest Management Coordinator, Natural Resources
General Manager’s Recommendation
: Authorize the General Manager to enter into a contract with
Ecological Concerns, Inc. of Santa Cruz, California in the amount not to exceed $373,483 to
provide invasive species management services including safe application of herbicides on District
Open Space Preserves in FY2015-16, FY2016-17, and FY2017-18.
8. Revisions to Management Partners’ Professional Services Contract for Financial and
Operational Sustainability Model Study Implementation Support (R-16-40)
Staff Contact: Kevin S. Woodhouse, Assistant General Manager
General Manager’s Recommendation
: Authorize the General Manager to increase Management
Partners’ Professional Services Contract for Financial and Operational Sustainability Model Study
implementation support by $20,606 to a not-to-exceed amount of $145,606.
9. Amendment of Classification and Compensation Plan for the Assistant General Counsel I &
II Classifications (R-16-41)
Staff Contact: Candice Basnight, Human Resources Supervisor
General Manager’s Recommendation
: Adopt a resolution amending the District’s Classification
and Compensation Plan for the Assistant General Counsel I & II Classifications.
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. Measure AA Bond Oversight Committee Appointments (R-16-42)
Staff Contact: Jennifer Woodworth, District Clerk
General Manager’s Recommendation
1. Select and appoint the members to serve on the Measure AA Bond Oversight Committee from
the candidates listed in the staff report.
:
2. Confirm distribution of terms of office by either random assignment or Board preference.
11. Board Policy Titled “Positions on Ballot Measures and Legislative Advocacy” (R-16-43)
Staff Contact: Steve Abbors, General Manager and Jennifer Woodworth, District Clerk
General Manager’s Recommendation
: Approve the “Positions on Ballot Measures and Legislative
Advocacy” policy as recommended by the legislative, Funding and Public Affairs Committee.
12. Resolution in Support of Measure A, Santa Clara County Park Charter Fund Extension (R-
16-44)
Staff Contact: Jennifer Woodworth, District Clerk
General Manager’s Recommendation
: Adopt a resolution in support of Measure A, Santa Clara
County Park Charter Fund Extension on the ballot for the June 7, 2016 statewide direct primary
election.
INFORMATIONAL MEMORANDA
• Contracting and Bidding Procedures
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for factual information; request staff to report back to the Board on a matter at a future
meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and
direction to staff only. No final policy action will be taken by the Board.
A. Committee Reports
B. Staff Reports
C. Director Reports
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the regular meeting of the MROSD Board of Directors was posted and available for
review on April 8, 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
March 23, 2016
Board Meeting 16-07
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
March 23, 2016
DRAFT MINUTES
SPECIAL MEETING
CALL TO ORDER
Vice-President Hassett called the special meeting of the Midpeninsula Regional Open Space
District to order at 6:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Curt Riffle, and
Pete Siemens
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Planning Manager Jane Mark, Planner III Lisa Bankosh, and
District Clerk Jennifer Woodworth
1. Alma College Cultural Landscape Rehabilitation Plan Informational Presentation
and Tentative Approval (R-16-33)
Director Siemens inquired if a decision regarding the rehabilitation of Alma College could delay
the opening of the Bear Creek Redwoods Open Space Preserve.
Planner III Lisa Bankosh explained that the Rehabilitation Plan is part of the Preserve Plan and
will be going to the Board in summer 2016, and the parking lot is planned for completion in
2018. The proposed Rehabilitation Plan is in response to the Board direction from June 2015 to
apply a minimal approach to Alma College.
Meeting 16-07 Page 2
Ms. Bankosh provided the staff presentation and explained that while Alma College is not a
historic listing, it is registered for preservation as a cultural landscape, which includes
requirements related to the buildings in their current arrangement. As a result, the Rehabilitation
Plan must meet specific guidelines, including assessing features as they relate to the property as a
whole. Ms. Bankosh described the various structures on the site and displayed photographs of
their original condition and their current state. Finally, Ms. Bankosh outlined the proposed
Rehabilitation Plan vision and goals, which reflect the guidelines for historic culture landscape
and the language included in Measure AA related to the rehabilitation of Alma College. Ms.
Bankosh described the three phases of the Rehabilitation Plan including proposed funding for the
rehabilitation.
Capital Project Manager Aaron Hebert outlined the potential phasing for implementation and
estimated costs associated with the Rehabilitation Plan. Mr. Hebert described possible funding
sources for implementation, including Measure AA, District general funds, and potential funds
from grants or partners, explaining which aspects of the projects were eligible for Measure AA
funds according to the approved Expenditure Plan. Finally, Mr. Hebert described a cost reduction
strategy to help lower costs to the District, such as grant funds, packaging construction actions
under fewer contracts, and phasing the rehabilitation of the cultural landscape.
Ms. Bankosh outlined the next steps and tentative schedule for implementation of the proposed
Rehabilitation Plan and site opening.
Director Riffle inquired where the proposed fencing would be placed before the preserve opens.
Ms. Bankosh explained that when the parking lots open in 2018, the new fencing would largely
be placed where the current fencing already is. This will allow for preserve visitors to be able to
park and access the western portion of the Bear Creek Redwoods Preserve.
Director Hanko expressed her concerns regarding the expenses associated with implementation
of the Rehabilitation Plan and requested a tour of the site.
Director Harris expressed her support of the project and thanked staff for their efforts.
Director Siemens expressed his concerns regarding the level of funding being required of the
District. He also expressed his concern that the project would not delay the opening of the rest of
the Bear Creek Redwoods preserve.
Public comments opened at 7:01 p.m.
No speakers present.
Public comments closed at 7:01 p.m.
Director Riffle inquired regarding the maintenance costs for the site once it is opened to the
public and requested an estimate of the maintenance costs at a future meeting.
Ms. Bankosh explained the landscaping being proposed are native species and requires little
maintenance.
Director Siemens inquired regarding the costs for the minimal stabilizations.
Meeting 16-07 Page 3
Ms. Bankosh explained that the minimal stabilizations are needed to bring the structures up to
minimum safety standards.
Mr. Hebert explained that the minimal stabilizations include structural work, safety work, and
site preparation to be funded by Measure AA and partially by the District’s general fund.
Motion: Director Hanko moved, and Director Harris seconded a motion to continue the item
until a later Board meeting date after she and any other interested Board members may tour the
site.
VOTE: 6-0-0 (Director Kishimoto absent.)
Vice-President Hassett adjourned the special meeting at 7:16 p.m.
REGULAR MEETING – BOARD MEETING
Vice-President Hassett called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:16 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Curt Riffle, and
Pete Siemens
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, Chief Financial
Officer/Administrative Services Director Stefan Jaskulak, General
Counsel Sheryl Schaffner, Operations Manager Michael Newburn,
Foothills Area Superintendent Tom Lausten, Ranger Tyler Barshow,
Management Analyst II Gordon Baillie, and District Clerk Jennifer
Woodworth
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Harris moved, and Director Cyr seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Kishimoto absent.)
SPECIAL ORDERS OF THE DAY
• Informational Presentation regarding the Farmland Futures Initiative by Walter Moore,
President of the Peninsula Open Space Trust
Meeting 16-07 Page 4
Peninsula Open Space Trust (POST) President Walter Moore described the Farmland Futures
Initiative which seeks to protect farmland acreage by tripling the amount of protected farmland
acreage and triple the number of protected farms on the San Mateo Coast.
Noelle Thurlow, Director of Land Transactions for POST, described agricultural conservation
easements, which protect the land and can require the landowner to keep the land as agricultural
in perpetuity. Additionally, Ms Thurlow reported POST seeks to invest in infrastructure, increase
partnerships, and help farmers build equity in and eventually own the farms. Ms. Thurlow
described several farmland properties acquired by POST or properties for which POST has
purchased an agricultural easement. Both methods seek to preserve the farmland as agricultural
property in perpetuity.
Director Hanko inquired if houses would also be allowed on the property.
Mr. Moore explained that a housing center is allowed on each property to allow for a home, barn,
etc., which helps address San Mateo County’s concerns regarding a lack of farm labor housing.
The Board meeting recessed at 7:38 p.m. reconvened at 7:44 with Directors Cyr, Hanko, Harris,
Hassett, Riffle and Siemens present.
CONSENT CALENDAR
Director Harris pulled Item 3 from the Consent Calendar.
1. Approve Board Meeting Minutes:
March 9, 2016
2. Approve Claims Report
3. Revisions to Board Policy 4.02 Titled “Improvements on District Lands” (R-16-34)
Item 3 was heard after Item 7.
General Manager’s Recommendation
: Adopt a Resolution Amending Board Policy 4.02,
“Improvements on District Lands”.
Director Harris requested clarification for several of the changes to Board Policy 4.02.
Motion: Director Cyr moved, and Director Siemens seconded the motion to strike “youth
hostels” from paragraph C(2) of Board Policy 4.02.
VOTE: 6-0-0 (Director Kishimoto absent.)
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt a Resolution
Amending Board Policy 4.02, “Improvements on District Lands”, as amended.
VOTE: 6-0-0 (Director Kishimoto absent.)
4. Board Policy Titled “Equality, Diversity, and Inclusion” (R-16-35)
Meeting 16-07 Page 5
General Manager’s Recommendation
: Approve the “Equality, Diversity, and Inclusion” policy
for inclusion in the Board Policy Manual.
Motion: Director Riffle moved, and Director Hanko seconded the motion to approve the
Consent Calendar, as amended, with the exception of Item 3.
Public comment opened at 7:48 p.m.
No speakers present.
Public comment closed at 7:48 p.m.
VOTE: 6-0-0 (Director Kishimoto absent.)
BOARD BUSINESS
5. Appointment of Tyler Barshow as a Peace Officer (R-16-28)
Operations Manager Michael Newburn presented the staff report and introduced new ranger
Tyler Barshow.
Public comment opened at 7:50 p.m.
No speakers present.
Public comment closed at 7:50 p.m.
Motion: Director Siemens moved, and Director Hanko seconded the motion to adopt a
Resolution of the Board of Directors of the Midpeninsula Regional Open Space District
appointing Tyler Barshow as a Peace Officer.
VOTE: 6-0-0 (Director Kishimoto absent.)
Ranger Tyler Barshow was sworn in as a peace officer and received his badge.
6. Calendar Year 2015 Field Enforcement Activity Report and Ten-Year Field Activity
Summary (R-16-23)
Management Analyst II Gordon C. Baillie presented the staff report describing the trends for
various violations of the District’s Ordinance seen in the previous ten years and highlighted areas
of drastic changes, including off leash dog and after hours violations. Mr. Baillie reported on the
number of times District rangers responded to emergency situations, including fires, vehicle
accidents, and medical incidents.
No Board action required.
7. Information Services and Technology - Philosophies, Strategies and Tactics for
Delivering Value (R-16-32)
Meeting 16-07 Page 6
Information Services and Technology Department Manager Garrett Dunwoody presented the
staff report described the focus for the new Information Services and Technology Division for
the rest of the current fiscal year and FY2016-17. Mr. Dunwoody described upcoming projects,
including moving to cloud computing, software and hardware upgrades, GIS upgrades, and
Microsoft upgrade. Finally, Mr. Dunwoody described the value to the District that each of these
projects will provide.
Directors Hassett and Siemens expressed a desire to better understand how to use technology to
support the District and continue to add value.
No Board action required.
INFORMATIONAL REPORTS
A. Committee Reports
Director Cyr reported on the March 15, 2016 Legislative, Funding, and Public Affairs
Committee meeting
Director Hassett reported on the March 22, 2016 Real Property Committee meeting.
B. Staff Reports
Assistant General Manager Ana Ruiz reported the Engineering and Construction Manager will
start on March 28, 2016. Ms. Ruiz reported on several upcoming staff training sessions related to
the project delivery process and contracts. Finally, Ms. Ruiz provided an update on the Mt.
Umunhum road design and Santa Clara Valley Water District’s improvements to the Bay Trail,
which was led by Google.
Assistant General Manager Kevin Woodhouse reported he has been working on the Operations
department transition into the Visitor Services and Land and Facilities departments. Mr.
Woodhouse provided an update on the Highway 17 wildlife crossing feasibility study.
Chief Financial Officer Stefan Jaskulak described upcoming training courses related to the
rolling out new computer software and implementation of the change to the fiscal year and
bringing the payroll system in house. Mr. Jaskulak reported that four RFPs related to the
District’s bond program were recently issued, and staff plans to bring forward contracts to the
Board for approval early this summer.
General Manager Steve Abbors reported on his recent presentation at the California Land Trust
conference. Mr. Abbors has recently met with Santa Clara County Supervisor Joe Simitian and
Monterey County Supervisor Mark Stone to discuss Mt. Umunhum. Finally, Mr. Abbors also
reported the District has received a request for endorsement for Santa Clara County Parks
Measure A Park Charter Fund Amendment.
The Board directed staff by consensus to analyze Measure A and return to the Board of Directors
with an analysis of the measure.
Director Hanko spoke regarding the proposed charter amendment.
Meeting 16-07 Page 7
C. Director Reports
The Board members submitted their compensatory reports.
Directors Harris reported she attended the Bay Nature Event on Sunday
Directors Riffle and Siemens reported their attendance at the Santa Clara Open Space Authority
Coyote Valley opening on Saturday.
ADJOURNMENT
Vice President Hassett adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:38 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 4
CLAIMS REPORT
MEETING 16-08
DATE 04-13-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
71885 *10215 - CALPERS-FISCAL SERVICES DIVISION Health Insurance ID:2857159579 04/05/2016 153,058.05
71947 10094 - Restoration Design Group Mt Um Summit Area Final Design Consulting - SAU 04/07/2016 53,698.00
71943 **11539 - BELZ CONSTRUCTION Alpine House Renovation 04/07/2016 41,951.81
71794 10258 - HUNT LIVING TRUST Semi-annual note interest due 3/31/16 03/23/2016 37,500.00
71927 11432 - SAN MATEO COUNTY RESOURCE CONSERVATION DISTRICT Slender False Brome Treatment February 2016, San Gregorio Creek Guaging Station 04/06/2016 33,157.53
71891 *11152 - WELLINGTON PARK INVESTORS AO2, AO3, AO4 Rent - April 04/05/2016 25,012.00
71801 11617 - MIG -TRA BCR Invasive Plant Mapping & IPM Plan 03/23/2016 25,000.00
71828 10532 - US GEOLOGICAL SURVEY SF Garter Snake Monitoring 10/01/15-1/14/16 - RR 03/23/2016 17,245.30
71876 10751 - T-MOBILE (formerly Metro PCS)Deposit Refunded to Metro PCS for terminated Lease 03/30/2016 17,000.00
71912 11177 - HARRIS CONSTRUCTION 5711 La Honda Rd Improvements, Rental House Repairs 04/06/2016 13,550.45
71863 11600 - MNS ENGINEERS INC.BCR Water Systems Project Consulting 03/30/2016 13,474.98
71776 10325 - GILROY MOTORCYCLE CENTER UTV 03/17/2016 12,313.83
71833 11509 - ASHRON CONSTRUCTION Interim Tower Repairs Retainage Release - SAU 03/30/2016 11,072.45
71805 10578 - OLD REPUBLIC TITLE CO Cunha Property purchase agreement - LHC 03/23/2016 10,000.00
71858 11185 - LIBERTY LIQUIDATORS 8 Office Cubicles - AO4 03/30/2016 10,000.00
71867 10665 - PAVEMENT ENGINEERING INC Mt Um Road Design and Engineering Feb 2016 - SAU 03/30/2016 9,170.00
71909 11624 - Directions Training Center, Inc.Microsoft Project Training 04/06/2016 6,750.00
71888 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Monthly Employee Life and Disability Insurance 04/05/2016 6,557.49
71806 *10180 - PG & E Electricity/gas 03/16 03/23/2016 6,552.53
71924 10124 - ROBERT J. DALOIA Interest/principal - April 10 2016 04/06/2016 6,192.77
71862 10031 - MILLS DESIGN Graphic Design: 4 Maps, Inserts, Invitations 03/30/2016 5,907.00
71859 11366 - MADE BY TESS EMBROIDERY Web Store Products for sale: Vests, Totes, Hats 03/30/2016 5,870.87
71883 10578 - OLD REPUBLIC TITLE CO Cunha Trust Title and Escrow 03/31/2016 5,146.50
71793 10222 - HERTZ EQUIPMENT RENTAL INC Summit Excavator Rental 12/14/15-01/13/16 - SAU 03/23/2016 5,105.81
71881 10387 - WEST-MARK Install pumper & front discharge on P107 03/30/2016 4,610.16
71797 10058 - LIEBERT CASSIDY WHITMORE HR Legal Consulting 03/23/2016 4,514.87
71921 11574 - R.E. PATTERSON AND ASSOCIATES Emergency Operations Plan Consulting 04/06/2016 4,488.33
71906 10185 - COSTCO Two Conference room displays ($4,033), Break room supplies ($87)04/06/2016 4,120.60
71870 11519 - PRICE, POSTEL & PARMA LLP Mt.Um Road and Trail Legal Consulting - SAU 03/30/2016 4,021.63
71848 10524 - ERGO WORKS 3 Sit and Stand Desk Conversions 03/30/2016 3,629.93
71825 10069 - THE WILFRED JARVIS INSTITUTE Leadership Consulting Feb 2016 03/23/2016 3,337.50
71846 11354 - ENVIRONMENTAL SCIENCE ASSOCIATES Stevens Creek Trail Bridges Engineering - MB 03/30/2016 3,167.50
71792 11177 - HARRIS CONSTRUCTION Replace windows at rental residence - LHC 03/23/2016 2,984.25
71812 10324 - RICH VOSS TRUCKING INC ROCK FOR FLAG POLE RESIDENCE 03/23/2016 2,957.35
71866 10079 - PAGE & TURNBULL Mt Umunhum Historic Resources Consulting 03/30/2016 2,847.50
71936 10969 - THE BANK OF NEW YORK MELLON TRUST CO NA 2015 Refunding Notes Trustee Fee, Escrow Agent Fee (1996 Bonds)04/06/2016 2,775.00
71824 10143 - SUMMIT UNIFORMS Uniforms, Replacement Body Armor 03/23/2016 2,675.25
71864 10160 - OFFICE DEPOT CREDIT PLAN Office supplies - All Offices / Ergonomic supplies and equipment 03/30/2016 2,639.37
71938 11599 - VULCAN CONSTRUCTION MATERIALS LP Base Rock (BCR)04/06/2016 2,489.46
71903 *10445 - COMMUNICATION & CONTROL INC Radio Repeater Site Lease (Feb 2016), (Mar 2016)04/06/2016 2,344.00
71887 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 04/05/2016 2,333.34
71791 10889 - GROSSMANN DESIGN GROUP Radar Tower Interim Repair Construction Mgmt - SAU 03/23/2016 2,300.00
71878 *10583 - TELEPACIFIC COMMUNICATIONS District Telephone Service + SAO Internet (03/2016)03/30/2016 2,242.00
71795 10331 - LE'S ALTERATIONS Volunteer Vest alterations 03/23/2016 2,160.00
71861 11463 - MARLENE EYRE Payment for Academy Housing per lease 03/30/2016 2,000.00
71916 10064 - MCB REMODELING Repairs at rental residence - SR 04/06/2016 1,912.41
71894 11630 - Advantage Office Solutions, Inc.Furniture for AO4 04/06/2016 1,886.81
71889 *11003 - UNITED ADMINISTRATIVE SERVICES Monthly Employee Life Insurance 04/05/2016 1,859.07
page 2 of 4
CLAIMS REPORT
MEETING 16-08
DATE 04-13-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
71884 *10032 - DEL REY BUILDING MAINTENANCE March Services 03/31/2016 1,815.00
71787 11151 - FASTENAL COMPANY JANITORIAL SUPPLIES, TOOLS & STRUCTURES,03/23/2016 1,802.51
71908 10540 - CRAFTSMEN PRINTING Printing of Postcards: Cooley Landing Event, Business Cards 04/06/2016 1,778.02
71911 11050 - F&S AUTO BODY INC Vehicle Body repairs - P104 04/06/2016 1,760.21
71945 11500 - POPULOUS, INC.Madonna Creek Ranch Stables Plan 04/07/2016 1,750.00
71823 11569 - JOHNSON, STEVEN Reimbursement of Santa Rosa Academy Expenses 03/23/2016 1,736.00
71896 *10128 - AMERICAN TOWER CORPORATION Radio repeater site lease 04/06/2016 1,735.00
71800 10774 - MICHAEL DEMPSEY, PATRICK DEMPSEY SFO YARD-STORAGE AREA SURFACING 03/23/2016 1,690.73
71886 *10212 - PINNACLE TOWERS INC Tower rental - Crown site id 871823 04/05/2016 1,680.21
71929 11075 - SANTA CLARA COUNTY - DEPT OF ENVIRONMENTAL HEALTH Environmental Health Permit 04/06/2016 1,660.00
71838 11064 - CAMERON, ROSEMARY Mt. Um Dedication Event Planning 03/30/2016 1,650.00
71905 11318 - CONFLUENCE RESTORATION Mindego Gateway Planting & Landscape Maintenance 04/06/2016 1,434.50
71918 10076 - OFFICE TEAM AO Temporary Clerical Support 3/07-3/11/16 04/06/2016 1,400.00
71857 11376 - LAND TRUST OF SANTA CRUZ COUNTY Hwy 17 data collection and report writing - South Bay Foothills 03/30/2016 1,380.00
71869 *10180 - PG & E Electricity/gas 03/16 03/30/2016 1,342.64
71813 11479 - ROOTID Website Maintenance 03/23/2016 1,329.75
71804 10076 - OFFICE TEAM AO Temporary Receptionist 2/22-2/26/16 03/23/2016 1,283.45
71923 10295 - RHUS RIDGE ASSOCIATION Annual Road Assn Dues (RSA)04/06/2016 1,250.00
71834 10826 - BARTEL ASSOCIATES, LLC GASB 45 OPEB Valuation 03/30/2016 1,203.00
71890 10213 - VISION SERVICE PLAN-CA Monthly Employee Vision Insurance 04/05/2016 1,169.38
71865 10076 - OFFICE TEAM AO Temporary Clerical Support 2/29-3/01/16, 3/02-3/04/16 03/30/2016 1,151.80
71892 10001 - AARON'S SEPTIC TANK SERVICE Septic Service (RSACP)04/06/2016 975.00
71868 11129 - PETERSON TRUCKS INC.M207 Service / Repair 03/30/2016 949.31
71913 11344 - HOLM BASE Magnets for Mindego Hill Grand Opening 04/06/2016 876.50
71893 *10120 - ADT SECURITY SERVICES INC Alarm Monitoring 04/06/2016 841.68
71898 10183 - BARRON PARK SUPPLY CO INC WATER LINE MATERIALS - INE 04/06/2016 834.95
71843 10540 - CRAFTSMEN PRINTING printing of coloring books 03/30/2016 804.75
71777 10001 - AARON'S SEPTIC TANK SERVICE 2 VAULTS PORTOLA VALLEY & PURISIMA NORTHRIDGE 03/23/2016 800.00
71928 10697 - SANDIS Peer review of PG&E road work proposal - Saratoga Gap OSP 04/06/2016 800.00
71785 10352 - CMK AUTOMOTIVE INC Service/Repair 4 Vehicles 03/23/2016 799.54
71819 11555 - SMITH, MALCOLM Malcolm Smith: Public Access Communications 03/23/2016 797.50
71796 11392 - LENNIHAN LAW Water Rights Consulting - BCR, San Gregorio, Water Systems 03/23/2016 795.00
71879 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP), (SA)03/30/2016 781.64
71817 *10580 - SHARP BUSINESS SYSTEMS SHARP COPIER USAGE 03/23/2016 772.78
71779 11048 - ARC Printing for Mt Um Meetings - SAU 03/23/2016 766.04
71853 11593 - H.T. HARVEY & ASSOCIATES Alma College Biological Survey Report Preparation - BCR 03/30/2016 735.50
71799 10190 - METROMOBILE COMMUNICATIONS Replacement portable radio 03/23/2016 709.25
71832 10010 - ARRANGED4COMFORT Ergonomic Chair Purchase 03/30/2016 706.61
71904 11628 - CONFLUENCE Public Affairs Consulting Services 04/06/2016 700.00
71847 10038 - ERGO VERA Ergonomic Evaluations 03/30/2016 689.70
71829 11176 - ZORO TOOLS HAMMERS, TISSUE DISPENSER 03/23/2016 686.89
71803 10073 - NORMAL DATA Incidents Database Enhancements 03/23/2016 675.00
71798 11572 - MESITI-MILLER ENGINEERING INC.Engineering consulting for El Sereno ranger residence - ES 03/23/2016 646.00
71789 11626 - Fred Pryor Seminars OSHA seminar 03/23/2016 620.00
71790 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSACP)03/23/2016 597.54
71809 *10589 - RECOLOGY SOUTH BAY Recycling Debris 03/23/2016 565.92
71840 10352 - CMK AUTOMOTIVE INC P81, P84 Service 03/30/2016 513.30
71815 11059 - SAN MATEO COUNTY HEALTH DEPT Tick Testing, Filter testing 03/23/2016 510.00
page 3 of 4
CLAIMS REPORT
MEETING 16-08
DATE 04-13-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
71925 10301 - RUIZ, ANA Cell Phone & Mileage Reimbursement 2015-2016 04/06/2016 470.49
71830 *11335 - PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC Rents & Leases 03/23/2016 459.33
71851 10187 - GARDENLAND POWER EQUIPMENT New Brushcutter & Accessories 03/30/2016 458.28
71835 10122 - BECK'S SHOES Boots for new employee 03/30/2016 422.42
71935 10143 - SUMMIT UNIFORMS Uniform ball caps 04/06/2016 417.60
71780 10122 - BECK'S SHOES Boots for new employee 03/23/2016 413.17
71814 10710 - SAFE DEPOSIT BOX OPERATIONS Safety deposit boxes annual fee 03/23/2016 375.00
71782 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)03/23/2016 362.26
71816 11054 - SAN MATEO COUNTY HUMAN RESOURCES DEPARTMENT Professional Development and Training 03/23/2016 360.00
71934 10302 - STEVENS CREEK QUARRY INC Drain Rock / Rock Stock 04/06/2016 354.40
71942 11176 - ZORO TOOLS Steps and hydrant fittings for vehicles, Truck Tie-Downs 04/06/2016 354.34
71922 10093 - RENE HARDOY Weekly AO Landscape Maintenance (paid monthly)04/06/2016 325.00
71910 11596 - ELECTRO IMAGING SYSTEMS INC.Plotter Printing Supplies 2/15-3/14/16 04/06/2016 324.43
71860 10369 - MANNING, MEREDITH Cell Phone and Mileage Reimbursement Jan-Mar 2016 03/30/2016 311.10
71926 10151 - SAFETY KLEEN SYSTEMS INC Quarterly parts washer service 04/06/2016 310.52
71946 10350 - VALBRIDGE PROPERTY ADVISORS Appraisal declaration of Mt.Um Road 04/07/2016 304.50
71873 10349 - SHELTON ROOFING COMPANY INC Roof Repair over HR Department - AO 03/30/2016 303.00
71831 11436 - BAY TRAILRUNNERS LLC Refund of Deposit 03/28/2016 300.00
71882 10237 - WILLIAMS, MICHAEL Cell Phone and Mileage Reimbursement Jan-Feb Mar 2016 03/30/2016 295.44
71931 10349 - SHELTON ROOFING COMPANY INC Repair Roof Leak at 2200 Lobitos Creek Rd 04/06/2016 290.00
71854 11177 - HARRIS CONSTRUCTION Repair broken water line at 1150 Sears Ranch Road - LHC 03/30/2016 287.50
71874 10143 - SUMMIT UNIFORMS District Uniform Supply 03/30/2016 287.10
71786 10463 - DELL BUSINESS CREDIT Microsoft Project 2016 Software 03/23/2016 273.50
71845 10463 - DELL BUSINESS CREDIT Microsoft Project Software 03/30/2016 273.50
71937 *10309 - VERIZON WIRELESS Cell Phone Service 04/06/2016 273.16
71895 11170 - ALEXANDER ATKINS DESIGN, INC.Design of Postcards: Cooley landing event 04/06/2016 270.00
71902 10496 - CHUNG, JEAN Mileage Reimbursement 04/06/2016 252.43
71932 11629 - SIENA YOUTH CENTER Sponsorship og Bulldog mountain biking program 04/06/2016 250.00
71920 10209 - PETTY CASH-MROSD FFO Petty cash reimbursement 04/06/2016 248.53
71842 10184 - CONTINUING EDUCATION OF THE BAR Subscription Update-Practice Under CEQA 2D ED UPP16 RE33788 03/30/2016 248.49
71839 10014 - CCOI GATE & FENCE Gate Service (RSACP)03/30/2016 244.18
71871 10176 - RE BORRMANN'S STEEL CO Steel Welding Room Supplies (FFO)03/30/2016 234.52
71844 10032 - DEL REY BUILDING MAINTENANCE Janitorial service for Daniels Nature Center 03/30/2016 225.00
71852 *10173 - GREEN WASTE SFO Monthly Garbage 03/30/2016 223.40
71907 10348 - COSTCO MEMBERSHIP Annual membership renewal 04/06/2016 220.00
71941 10118 - YORIKO KISHIMOTO Salmonid Restoration Federation Conference Registration 04/06/2016 205.00
71811 10232 - RENEAU, FRANCES Back support for P107 03/23/2016 204.92
71899 10141 - BIG CREEK LUMBER CO INC Windy Hill gate accident damage repair 04/06/2016 201.47
71841 **10850 - COMPLETE PEST CONTROL Qty 2: Hawthorn Semi-Monthly Pest Control - WH 03/30/2016 200.00
71808 10176 - RE BORRMANN'S STEEL CO SIGN POST INSTALLATION 03/23/2016 191.43
71933 10431 - STANTON, ERIC Professional Trail Builders Association Conference expsnses 04/06/2016 190.36
71917 10190 - METROMOBILE COMMUNICATIONS Remove radio from P75 04/06/2016 187.50
71837 *10454 - CALIFORNIA WATER SERVICE CO-949 AO WATER 03/30/2016 181.97
71778 *10294 - AMERIGAS-SAN JOSE Propane gas for rental residence 03/23/2016 170.39
71940 11266 - WOODWORTH, JENNIFER Air Fare for Clerk's Conference Dec 2015, Mileage Reimbursement 04/06/2016 169.30
71836 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water service for rental residence 03/30/2016 166.87
71850 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)03/30/2016 151.61
71856 11313 - JJ KELLER & ASSOCIATES INC Substance Abuse Awareness Training for Managers 03/30/2016 150.00
page 4 of 4
CLAIMS REPORT
MEETING 16-08
DATE 04-13-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
71944 11177 - HARRIS CONSTRUCTION Install Exterior Lighting 04/07/2016 148.00
71818 10447 - SIMMS PLUMBING & WATER EQUIPMENT Water Heater Annual Service - TOTO Ranch 03/23/2016 147.17
71901 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire Tools 04/06/2016 129.71
71802 10917 - MILLS, AMANDA Business Meeting - Hendrys Creek Restoration - SAC 03/23/2016 121.79
71810 11625 - Reiter, Heather mileage, toll 03/23/2016 111.38
71849 10186 - FEDERAL EXPRESS Shipping charges 03/30/2016 110.01
71821 10954 - SOUTH BAY REGIONAL PUBLIC SAFETY RADAR/LIDAR training 03/23/2016 105.00
71930 11142 - SANTA CLARA COUNTY SPECIAL DISTRICTS ASSOCIATION SCC Special District's Association Membership-Siemens 04/06/2016 100.00
71877 10152 - TADCO SUPPLY Janitorial Supplies (RSA)03/30/2016 95.99
71827 10200 - TOOLAND INC Cutting Oil and Tools - FFO 03/23/2016 86.07
71820 10262 - SMITH, JEFF PRAC Conference Costs Reimbursement 03/23/2016 81.21
71781 10275 - BECKMAN, CRAIG Cell phone reimbursement 03/23/2016 80.00
71783 10241 - CARLSON, KERRY PRAC Conference Reimbursement 03/23/2016 78.70
71939 11632 - WILLIAMSON, MARK Reimbursement - UPS to HR live scan for Seasonal Ranger 04/06/2016 69.00
71788 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks and Keys 03/23/2016 67.71
71897 10340 - BARRESI, CHRIS Cell phone reimbursement 04/06/2016 60.00
71914 10455 - HUGG, IANTHINA Cell Phone Reimbursement Jan-Feb-Mar 2016 04/06/2016 60.00
71915 11449 - MARK, JANE Cell Phone Reimbursement Jan-Feb-Mar 2016 04/06/2016 60.00
71855 10421 - ID PLUS INC Name Tags for Field Staff 03/30/2016 56.50
71822 10960 - STATE WATER RESOURCES CONTROL Water Treatment Operator Certificate Renewal 03/23/2016 55.00
71900 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water / Windy Hill 04/06/2016 53.46
71872 11073 - SAN MATEO COUNTY CLERK RECORDER Notice of Exemption Filing Fee - SR 03/30/2016 50.00
71875 10107 - SUNNYVALE FORD Vehicle Service - A99 03/30/2016 48.31
71784 11532 - CHANEY, MATT Mileage Reimbursement for Feb 2016 03/23/2016 39.96
71880 11037 - US HEALTHWORKS MEDICAL GROUP PC Audiologist Services - HR Dept 03/30/2016 39.00
71919 10271 - ORLANDI TRAILER INC Shop Welding Supply (FFO)04/06/2016 37.74
71826 10146 - TIRES ON THE GO Flat tire repair 03/23/2016 35.00
71807 *10134 - RAYNE OF SAN JOSE Water Service (FOOSP)03/23/2016 26.25
GRAND TOTAL 669,082.67$
*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-16-45
Meeting 16-08
April 13, 2016
AGENDA ITEM 3
AGENDA ITEM
Award of Contract for Bear Creek Redwoods Ponds Assessment and Management Plan
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into a contract with Balance Hydrologics, Inc. for a not
to exceed amount of $90,000, to assess three ponds and develop a management plan to guide
restoration and maintenance actions at Bear Creek Redwoods Open Space Preserve.
SUMMARY
A Request for Proposals and Qualifications was issued on February 26, 2016. Two well
qualified teams submitted proposals on March 18, 2016. The proposals were reviewed and
ranked by a panel consisting of three Midpen staff members, who recommend awarding the
contract to the team led by Balance Hydrologics, Inc. to complete a Ponds Assessment and
Management Plan to provide long term management recommendations for three ponds at the
Bear Creek Redwoods Open Space Preserve for a not to exceed amount of $90,000.
MEASURE AA
A 5-year Measure AA (MAA) Project List was approved by the Board at their October 29, 2014
meeting and includes Portfolio #21: Bear Creek Redwoods Public Recreation and Interpretive
Projects. In support of the larger Portfolio, the Board authorized MAA Project 21-8 Bear Creek
Redwoods: Ponds Restoration at the FY2015-16 Midyear Budget Amendment. The proposed
agreement with Balance Hydrologics Inc. will serve the goals of Project #21-8 by informing the
District of the hydrological function, structural stability, and the biological opportunities and
constraints of the three onsite ponds to develop recommendations that will guide future Preserve
management.
DISCUSSION
Background
The ponds at Bear Creek Redwoods Open Space Preserve (OSP) are positioned and formed in
the San Andreas Fault zone and have been subject to human management and modification for
over 100 years. The complications of the fault zone setting and uncertain history of human
management and modification has resulted in the need for the District to: 1) understand the
hydrologic function of the three onsite ponds to inform management decisions, 2) determine the
structural stability of the three ponds to identify management actions needed to provide for long
R-16-45 Page 2
term pond viability, and 3) prepare a habitat management plan for native species use of the
ponds.
In May of 2015, a Water Resources Inventory (Inventory) was initiated at Bear Creek Redwoods
OSP to assess historic and existing water sources and infrastructure within the Preserve for the
process of determining feasible water supply sources for future Preserve development. Balance
Hydrologics, Inc. was the consultant for the previous Inventory and will build upon their work to
date to assess pond stability. Balance will work with subcontractors to determine the occurrence
of both special status species and invasive non-native aquatic species to understand habitat
quality and identify biological issues that would constrain the use of the ponds.
All of the information produced by the project studies will inform the Pond Assessment and
Management Plan for the three ponds at Bear Creek Redwoods OSP. This Plan will address
hydrology, seismic stability, geology, hydrology and provide recommendations for long-term
pond management supported by bathymetry base maps, storage curves, and updated
infrastructure maps.
Consultant Selection
A Request for Proposals and Qualifications was issued on February 26, 2016 and was sent to
eleven firms in the disciplines of biological services, hydrology, and engineering as well as
posted on the District’s website. A pre-proposal site tour was held at the project site on March 4,
2016 and was attended by 12 persons from 11 firms. Two well qualified teams submitted
proposals by the March 18, 2016 deadline. The proposals were reviewed and ranked by an
internal panel who recommend awarding the contract to Balance Hydrologics, Inc., as the most
qualified and best suited for the project based on their response to the RFPQ, proposed approach,
and responses to follow up questions.
FISCAL IMPACT
The base price for the contract with Balance Hydrologics, Inc. is $75,000. The FY2015-16
Natural Resources Department Budget included $50,000 for project MAA 21-8 through June 30,
2016. The remaining balance of funds will be allocated in the FY2016-17 Natural Resources
Department Budget to carry the project through its anticipated completion in November of 2016.
An allowance up to an additional $15,000 is also recommended for additional geotechnical
borings at one or more ponds if warranted by initial fieldwork and authorized in advance by the
District project manager (estimated at $5,000 per pond), or additional tasks required by the
District that will be billed on a time and materials basis.
The contract award authorizes the General Manager to enter into a contract for an amount not to
exceed $90,000, of which $15,000 will be held in reserve as described above.
BOARD COMMITTEE REVIEW
The Bear Creek Redwoods Preserve Plan process has had substantial Board, Committee, and
public review. These reviews have most recently been summarized during the CEQA Scoping
Session for the Proposed Bear Creek Redwoods Preserve Plan at the Board meeting of June 24,
2015 (R-15-92).
R-16-45 Page 3
PUBLIC NOTICE
Public notice was provided as required by the Brown Act and additional notification, including
this report, will also be sent to important stakeholders and project partners who have been
supporting or involved in the development of the Preserve Plan. A notification mailing was sent
on April 8, 2016.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act. The ponds
assessment and management plan will not result in a direct or reasonably foreseeable indirect
physical change in the environment [CEQA Guidelines Section 15060(c)(2)].
NEXT STEPS
If approved for award of contract, Balance Hydrologics, Inc. will begin field analysis and
assessment of the ponds. Over the next six months, Balance will complete needed site visits,
assessments, and analyses to develop the Pond Management Plan to guide future use and
management of the ponds at Bear Creek Redwoods OSP.
Attachment
1. Map of Project Area.
Responsible Department Head:
Kirk Lenington, Natural Resources
Prepared by:
Julie Andersen, Resource Management Specialist III, Natural Resources
Contact person:
Julie Andersen, Resource Management Specialist III, Natural Resources
Graphics:
Jamie Hawk, GIS Technician, Planning (GIS)
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Attachment 1
R-16-37
Meeting 16-08
April 13, 2016
AGENDA ITEM 4
AGENDA ITEM
Amend the Contract with Tyler Technologies (formerly New World Systems)
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to amend the contract with Tyler Technologies 1
to increase the
compensation by $48,000 from $317,400 to a total not to exceed amount of $365,400, to
complete the Integrated Accounting and Financial System Payroll Module implementation.
SUMMARY
In 2011, the District began implementation of an Integrated Accounting and Financial System
(IAFS) and went live with the financial modules in 2012 but the Human Resources and Payroll
modules implementation was put on hold and resumed in 2015. In order to cover the costs
associated with the implementation, a contract amendment increasing the contract from $317,400
to $365,400 is required.
DISCUSSION
On August 10, 2011, the Board of Directors (Board) approved a contract with New World
Systems (R-11-79) for the purchase and implementation of Integrated Accounting and Financial
System software, which included financial, human resources, and purchasing modules. The
financial and purchasing modules were implemented first and went live in July 2012. From
August through November 2012, Human Resources and Accounting staff began system
configuration and implementation of the Human Resources and Payroll modules with a target
go-live date of January 2013. However, due to concerns about potential staffing and workload
impacts, the implementation was put on hold in December 2012 so that a more thorough analysis
could be conducted.
As a result of staff turnover in Human Resources and Accounting, combined with increased
workloads in both groups, the HR/Payroll modules implementation was not revisited until late in
2014 when it was decided there was adequate staff capacity to begin implementation in Spring
2015. In order to evaluate the workload impact of using the Payroll module, which would entail
bringing payroll processing in-house rather than using a third party provider, the HR modules
went live in November 2015 and payroll parallels were run in the IAFS Test environment for two
months. After several successful payroll parallels with minimal workload impact, staff
1 In November 2015, New World Systems was acquired by Tyler Technologies.
R-16-37 Page 2
recommended the District use IAFS for payroll processing to maximize the integration and
functionality of the entire system.
Initially, the payroll go-live date was scheduled for February 2016 but the change in the fiscal
year end date from March 31 to June 30 requires system reconfiguration and would require
significant duplicate data entry. Consequently, as recommended by Tyler staff, the go-live date
was moved to July, after the close of the current 15-month fiscal year.
The contract with Tyler included software, implementation services, training, and travel and
expenses for onsite visits for full system implementation. Although the HR and Payroll modules
were partially implemented in 2012, implementation had to be started over in 2015 due to
software changes since the initial configuration, as well as District staff turnover. Because the
budget for HR/Payroll implementation was partially expended in 2012, additional funds totaling
$48,000 are now required to complete the implementation. As part of the contract amendment,
District staff was able to negotiate remote web-based trainings for the HR modules at no cost to
the District, a savings of approximately $8,400.
FISCAL IMPACT
A total of $38,000 was included in the FY2015-16 Adopted Budget for IAFS implementation
and has already been expended. The additional $48,000 for the contract amendment will be
covered by savings resulting from the deferral of the Capital Project and Construction
Management Software project in the Administrative Services Department . In addition, by
bringing payroll in-house, the District will save $25,000 annually in external payroll provider
costs.
BOARD COMMITTEE REVIEW
This item was not reviewed by any committee.
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, the general Manager will execute the contract amendment with Tyler
Technologies.
Responsible Department Head:
Stefan Jaskulak, Administrative Services Department
Prepared by:
Kate Drayson, Special Projects Manager, Administrative Services Department
R-16-38
Meeting 16-08
April 13, 2016
AGENDA ITEM 5
AGENDA ITEM
Approval of Right-of-Way Contract with California Department of Transportation (Caltrans) for
fee and easement rights for safety improvements along Highway 9 west of the City of Saratoga at
the Saratoga Gap Open Space Preserve (Portion of Santa Clara County Assessor’s Parcel
Numbers 503-42-028 and 503-37-009) and along Highway 84 west of the unincorporated
community of La Honda at the La Honda Creek Open Space Preserve (Portion of San Mateo
County Assessor’s Parcel Number 082-170-040), in exchange for a quitclaim deed for the
existing 8 foot by 8 foot concrete tunnel that runs under Highway 84 that connects two District
properties within the La Honda Creek Open Space Preserve (APNs: 082-130-130 and 082-170-
040).
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) for the reasons set out in the staff report.
2. Adopt a resolution authorizing the execution of the Right-of-Way Contract for the exchange
of property rights between the District and Caltrans at no cost to the District.
3. Adopt the Preliminary Use and Management Plan for the Highway 84 tunnel undercrossing
as set out in the staff report.
SUMMARY
The California Department of Transportation (Caltrans) performed slope stabilization and safety
work on District Property at three sites along Highway 9 and Highway 84 to protect motorists in
2012 and 2015 through Right of Entry Agreements executed with the District in 2011 and 2013,
respectively (R-11-30, R-11-65 and R-13-16). At the time the Right of Entry Agreements were
executed, it was anticipated that Caltrans would return to the District following completion of the
projects to seek permanent slope easements and fee property for these improvements. In both
Right of Entry Agreements, the District proposed that Caltrans grant the District property rights
such as public use of the tunnel crossing under Highway 84 at La Honda Creek Open Space
Preserve as the property along Highway 9 was dedicated open space. The following report
presents a description of the District property, the environmental review, and the specific
proposed terms and conditions which, to be executed, require unanimous Board approval.
This
transaction is an exchange of rights at no cost to the District or Caltrans.
R-16-38 Page 2
DISCUSSION
The first Caltrans project site is located just west of the community of La Honda at the westerly
corner of the La Honda Creek Open Space Preserve along Highway 84 (see Attachment 2). The
road embankment where a majority of the work was performed is located within the Caltrans
right -of-way. The top of the embankment is within District ownership, and it is along the top of
the embankment that Caltrans construct a concrete-lined drainage ditch as part of the slope
stability project. The area subject to the grant of fee property is a 15-18 foot wide strip of land
running along the District’s boundary with the Caltrans right-of-way for approximately 644 feet
containing 11,314 square feet. A pasture fence runs along the top edge of the embankment at this
location, and this portion of the District’s Preserve is utilized by the District’s grazing tenant. The
Caltrans work was completed in February of 2012.
Highway 84, La Honda Creek Open Space Preserve
The second Caltrans project site is located approximately four miles west of the City of Saratoga
at mile marker 2.7 at the Saratoga Gap Open Space Preserve, along the south side of Highway 9
(see Attachment 3). The District parcel of interest is dedicated as public open space as part of
the 184-acre former Foster property addition in 1999 (see report R-99-35). The work that was
performed under the Right of Entry was the construction of an anchored wire mesh bank
stabilization system to prevent the steep hillside from failing, upgrading the existing lane and
shoulders, installing a soil-nail retaining wall and metal guardrail, and placing curve warning
signs. The area subject to the grant of fee property contains 11,203 square feet and the slope
easement contains 23,916 square feet. The Caltrans work was completed in October of 2015.
Highway 9 (Mile Marker 2.7) Saratoga Gap Open Space Preserve
The third Caltrans project site is located approximately five miles west of the City of Saratoga at
the Saratoga Gap Open Space Preserve, along the south side of Highway 9 (see Attachment 2).
The affected District parcel is dedicated as public open space as part of the 17.4-acre former
POST Zabel property addition in 1999 (see report R-99-35). The slope stabilization work was
performed at two locations along the highway both within the Caltrans right-of-way and on
District land, on the steep side slopes of Highway 9. Under the Right of Entry, Caltrans
constructed bank stabilization improvements on District property consisting of an anchored wire
mesh bank stabilization system to prevent the steep hillside from failing. The area subject to the
grant of slope easements contains a total of 13,057 square feet (9,667+3,390). The Caltrans work
was completed in November of 2012.
Highway 9 (Mile Marker 1.6)
Highway 84 Undercrossing Tunnel, La Honda Creek Open Space Preserve
In the 2011 and 2013 Right of Entry Agreements, in lieu of monetary compensation to the
District for the property rights, District staff proposed that Caltrans grant the District access
rights for public ingress and egress through an existing underpass that crosses Highway 84. In
August 2015, the District purchased the 11.83 acre Event Center as part of a larger land purchase
as an addition to the La Honda Creek Open Space Preserve (see report R-15-101). The tunnel
undercrossing connects the Event Center to the Preserve on the north side of Highway 84.
Securing public access rights through this underpass would provide for future potential trail
connections on the south side of Highway 84 and formalize the existing agricultural uses
associated with the District’s grazing tenant.
:
R-16-38 Page 3
The District is prohibited by its enabling legislation from transferring or selling dedicated open
space property. Under Public Resources Code section 5540.5, however, the District may
exchange real property, or an interest in real property, dedicated and used for open space
purposes for real property, or an interest in real property that is determined to be of equal or
greater value. This option requires a unanimous vote of the full Board
.
Caltrans is agreeable to executing a quitclaim deed to the District transferring any rights they
have in the 8 foot by 8 foot tunnel that runs under Highway 84 and connects the District’s
property on the south side of Highway 84 to the larger La Honda Creek OSP located north of
Highway 84 (see Attachment 2 map and Attachment 4 photo). The quitclaim deed will secure the
same rights as a potential access easement in that the District will have the ability to fully utilize
the tunnel for its conservation grazing program, patrol, maintenance, land management, and
public access if desired.
The District has determined that the exchange of interest in real property is of equal or greater
value to the public and, the exchange has been determined to be in accordance with the District’s
enabling legislation set out in Section 5500 et seq. of the Public Resources code of the State of
California.
USE AND MANAGEMENT
Planning Considerations
The proposed quitclaim deed of the Highway 84 tunnel undercrossing connects the Event Center
area to the larger La Honda Creek Open Space Preserve on the north side of the highway for
patrol and maintenance access, land management activities, livestock transfer between holding
area and the Preserve and potential future public access. Subsequent planning for the Highway
84 tunnel undercrossing would be done in conjunction with future planning for the Event Center
and Apple Orchard properties.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan for the public trail easement includes the following
elements:
Public Access: The Highway 84 tunnel will be closed to public use at this time.
Signs and Site
Security:
No additional District boundary signs are needed at this time.
Patrol: Continue to use the tunnel for patrol and access purposes between the
Event Center and the Preserve.
Site Safety
Inspection:
Preliminary site safety inspection has been conducted and there are no
known safety hazards within the trail easement area.
Dedication: Indicate the Board’s intention to withhold dedication of the Highway 84
tunnel at this time.
R-16-38 Page 4
California Environmental Quality Act (CEQA) COMPLIANCE
1. In 2011, the District Board, acting as a Responsible Agency under CEQA, considered and
agreed with the lead agency’s determination that the project was Categorically Exempt from
CEQA along Highway 84.
Highway 84
1. In 2011, the District Board acting as a Responsible Agency under CEQA, considered and
agreed with the lead agency’s determination that the project was Categorically Exempt from
CEQA along Highway 9 at mile marker 1.6
Highway 9
2. In 2013, the District, acting as a Responsible Agency, independently considered the
Environmental Impact Report (EIR) certified by the California Department of
Transportation for the safety improvements. The District, as to those parts of the Highway 9
Safety Improvement Project that it considered, independently concluded that the direct and
indirect environmental effects of the Highway 9 Safety Improvement Project at mile marker
2.7 and of the Right of Entry were adequately addressed by the EIR and mitigated by actions
to be undertaken by Caltrans.
Lead Agency CEQA Determination – Acceptance of Tunnel Quitclaim Deed
The District concludes that the acceptance of the quitclaim deed will not have a significant effect
on the environment. It is categorically exempt from CEQA under Article 19, Section 15325 of
the CEQA Guidelines as follows:
Section 15325 exempts transfers of ownership of interest in land in order to preserve open space
or lands for park purposes. The acquisition of the tunnel quitclaim deed will preserve a
connection to the Preserve on the north and south side of Highway 84 for continued agricultural
operation and future public access purposes.
The actions recommended in the Preliminary Use and Management Plan are also exempt under
Section 15061(b)(3), as there is no possibility the recommended actions will have a significant
effect on the environment.
TERMS AND CONDITIONS
The proposed Right-of-Way Contract includes the following key terms and conditions:
The District will grant permanent rights along Highway 9 (Saratoga Gap OSP) and along
Highway 84 (La Honda Creek OSP) for previously installed safety improvements constructed by
Caltrans in exchange for Caltrans quitclaiming all property rights to the 8 foot by 8 foot tunnel
under Highway 84 that connects the former Driscoll Event Center with the larger La Honda
Creek OSP. Please see the chart below for more details:
Entity Area Rights Square Feet Purpose
Caltrans Highway 84 Fee 11,314 SF Safety Improvements
Caltrans Highway 9 (2.7) Fee 11,203 SF Safety Improvements
R-16-38 Page 5
Caltrans Highway 9 (2.7) Easement 23,916 SF Safety Improvements
Caltrans Highway 9 (1.6) Easement 13,057 Safety Improvements
District Highway 84 (tunnel) Quitclaim - Access Rights
FISCAL IMPACT
The Right-of-Way Contract with Caltrans will have no fiscal impact to the District’s budget.
BOARD COMMITTEE REVIEW
The Real Property Committee held a meeting at the Event Center on June 23, 2015
recommending to the full Board the purchase of the Event Center and Apple Orchard properties.
This meeting included a discussion about securing rights to the Highway 84 tunnel undercrossing
for continued use of transporting cattle between livestock infrastructure at the Event Center and
the Preserve and that the Event Center and tunnel may provide for future public staging and
access for the Preserve.
PUBLIC NOTICE
District land surrounds the proposed safety improvements. Therefore, no special notice to
affected neighbors was triggered by this proposed action. Regular notice of this item has been
sent in accordance with the Brown Act and no additional notice is necessary.
NEXT STEPS
Pending Board approval, the Right-of-Way Contract will be executed by the General Manager
and transmitted to Caltrans for its execution.
Attachments:
1. Resolution Authorizing Acceptance of Right of Way Contract, Authorizing
General Manager or Other Officer to Execute Fee and Easement Deeds, and
Authorizing General Manager to Execute any and all Other Documents Necessary
or Appropriate to Closing of the Transaction (La Honda And Saratoga Gap Open
Space Preserve - California Department of Transportation)
2. Project Location Map Highway 84
3. Project Location Map Highway 9
4. Tunnel Photo
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Allen L. Ishibashi, Senior Real Property Agent
Attachment 1
Resolutions/2016/R-16-10_CalTransExchangeAgmt 1
RESOLUTION 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF RIGHT OF WAY CONTRACT, AUTHORIZING GENERAL
MANAGER OR OTHER OFFICER TO EXECUTE FEE AND EASEMENT
DEEDS, AND AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA
AND SARATOGA GAP OPEN SPACE PRESERVE - CALIFORNIA
DEPARTMENT OF TRANSPORTATION)
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE . The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Right of Way Contract
(Agreement) between California Department of Transportation (State) and the Midpeninsula
Regional Open Space District, a copy of which Agreement is attached hereto and by reference
made a part hereof, and authorizes the President of the Board of Directors, General Manager, or
other appropriate officer to execute the Agreement and all related transactional documents on
behalf of the District to complete the real property transaction described therein.
SECTION TWO. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute fee and easement deeds to the State.
SECTION THREE. The General Manager or the General Manager’s designee is
authorized to provide notice of acceptance to the State and to extend escrow if necessary.
SECTION FOUR . The General Manager and General Counsel are further authorized to
approve any technical revisions to the attached Agreement and documents, which do not involve
any material change to any term of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ________, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary President
Attachment 1
Resolutions/2016/R-16-10_CalTransExchangeAgmt 2
Board of Directors 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
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Attachment 4
Highway 84 Tunnel
R-16-39
Meeting 16-08
April 13, 2016
AGENDA ITEM 6
AGENDA ITEM
Proposed Purchase of the Freudenberg property as an addition to Sierra Azul Open Space
Preserve located off of Weaver Road in unincorporated Santa Clara County (Assessor’s Parcel
Number 558-46-001).
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Freudenberg property at a cost of
$540,000.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report.
4. Indicate the intention to withhold dedication of the Freudenberg property as public open
space.
SUMMARY
The Midpeninsula Regional Open Space District (District) is proposing to purchase the 24.41-
acre Freudenberg property (Property) at a purchase price of $540,000.00 as an addition to Sierra
Azul Open Space Preserve (Preserve). The following report presents a description of the
Property, a Preliminary Use and Management Plan, the District’s environmental review, the
purchase terms and conditions, and financial considerations. The proposed purchase is identified
as part of Measure AA Project # 22. The Fiscal Year (FY) 2015-16 Budget contains sufficient
funds to cover the cost of this purchase.
MEASURE AA
The proposed property purchase supports the goals of Measure AA Portfolio #22, Sierra Azul:
Cathedral Oaks Public Access and Conservation Projects, as a desirable addition to the Preserve
for the purpose of preserving additional open space and expanding the wildlife corridor in the
upper Los Gatos Creek watershed.
DISCUSSION
The Property is bounded on two sides by the 18,910-acre Sierra Azul Open Space Preserve and
drains into the Los Gatos Creek watershed. The property is visible from within the Preserve and
from the District’s Bear Creek Redwoods and El Sereno Open Space Preserves. The reasons for
R-16-39 Page 2
this purchase include advancement of the Measure AA Portfolio #22, ridgeline and view shed
protection, protection of the Los Gatos Creek Watershed, and control of a known access point to
an illegal single-track trail that runs from Weaver Road to Alma Bridge Road.
Background
On June 9, 2015, the Freudenberg’s and County of Santa Clara (County) entered into a
settlement agreement regarding drainage issues from the County-maintained Weaver Road and
illegally-constructed structures on the Freudenberg Property. The Freudenbergs own the 24.41-
acre parcel that the District is interested in purchasing. They also own an adjacent 6.3-acre parcel
that is improved with a single-family residence, which the District is not proposing to purchase.
As part of the settlement, the County was required to complete significant drainage
improvements below Weaver Road and the Freudenberg’s were required to remove unpermitted
structures from both the 6.3-acre parcel and the 24.41-acre parcel. A portion of a pool and pool
house had extended from the 6.3-acre parcel onto the adjacent 24.41-acre parcel. Those
improvements have been removed and the area has been restored.
Property Description and Regional Context (see attached map)
The rectangular 24.41-acre Property consists of one legal parcel, situated in unincorporated Santa
Clara County. Access to the property is from Weaver Road (via Soda Springs Road). The
property is situated just beyond the intersection of Soda Springs Road and Weaver Road. Rising
to approximately 2,300 feet in elevation, the property offers panoramic views of the Preserve,
Santa Clara Valley up towards the peninsula, Lexington Reservoir, and the Santa Cruz
Mountains. Situated within the Los Gatos Creek Watershed, the property drains into both
Hendry’s Creek and Soda Spring Creek.
The landscape of the property consists of oak woodland and mixed chaparral, on a ridgeline
above a steep canyon. Stands of oak woodland, including tanbark oak and canyon live oak, are
dispersed over the property along with shrub lands of manzanita, chamise, and other plants
associated with mixed chaparral. The property provides varied habitat for animals associated
with the middle elevations of the Preserve, including mountain lions.
Land Use and Improvements
The property is not currently improved with any structures. As mentioned previously, the
property was improved with a pool house and a portion of a pool, but those improvements have
been removed, the site re-graded to match the natural contours, and the work has been signed off
by the County. Associated with the County’s repair project below Weaver Road, two drainage
pipelines and an outlet were installed on the property by the County and the Freudenberg’s
contractor to direct water runoff from the area below Weaver Road to a natural drainage on the
property. If this purchase is approved, future maintenance obligations of these drainage features
would be retained by the Freudenbergs (or subsequent property owners of the adjacent 6.3-acre
parcel. These obligations would be memorialized via a separate drainage easement that would be
concurrently granted back to the Freudenberg’s (refer to terms and conditions section). In
addition to the permanent drainage improvement, a temporary v-ditch and 12-inch pipeline have
been installed on the 24.41-acre parcel to resolve runoff issues until vegetation is re-established
on the regarded area of the property. The property also has a short access road that extends to
the southeast portion of the property, which also serves as the starting point for an illegal single-
track trail.
R-16-39 Page 3
USE AND MANAGEMENT
Planning Considerations
The Property is comprised of one legal parcel, located in unincorporated Santa Clara County and
outside the urban service area or sphere of influence of any incorporated municipality. The
24.41-acre parcel has a General Plan designation of Hillside (73% of the property,) and Other
Public Open Lands (27% of the property), with a zoning designation of Hillside District (HS
District) over the entire property. Per the Santa Clara County General Plan and zoning
regulations, recreation, open space, and natural preserves are allowable uses in HS Districts. A
finding of compliance with the General Plan for all open space acquisitions by the District in
Santa Clara County was made by the Santa Clara County Planning Department in 1999.
If purchased, the Property would be incorporated into the Sierra Azul Open Space Preserve.
Subsequent planning for the property would be coordinated with the District’s planning efforts
for the Preserve and include consultation with appropriate agencies and organizations.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan (PUMP) establishes a status quo land management
approach in the interim between the purchase and the completion of a subsequent long-term plan.
The PUMP would take effect at the close of escrow and remain effective until the PUMP is
amended or a Comprehensive Use and Management Plan or Preserve Plan is approved for Sierra
Azul Open Space Preserve. The PUMP includes minor restoration and maintenance of the
Property in its natural condition, as described more fully below. If changes to land use or the
physical environment are proposed in the future, the plan would be subject to further
environmental review and public input.
Public Access: Designate the Property as closed to public use at this time.
Signs and Site
Security:
Fences and
Gates:
Roads and
Trails:
Patrol:
Install preserve boundary and closed area signs, where appropriate.
Install gates and fencing as necessary on the access road and illegal trail to
prevent unauthorized entry and use.
Maintain the access route on the site in a serviceable condition. Implement
maintenance and minor erosion and sediment control measures in accordance
with District standards. Remove the existing illegal single track trail that
begins on the property.
Routinely patrol property using existing access.
Structures and
Improvements:
Periodically inspect the newly installed drainage features for issues.
Resource
Management:
Conduct invasive plant and animal management activities consistent with the
District’s Resource Management Policies.
Wildfire Fuel Implement standard District-wide fuel management and defensible space
R-16-39 Page 4
Management: practices consistent with the District’s Resource Management Policies.
Name:
Name the property as an addition to Sierra Azul Open Space Preserve.
Dedication: Indicate the District’s intention to withhold dedication of the subject
property as open space.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of the 24.41-acre Freudenberg Property as an addition to the
District’s Sierra Azul Open Space Preserve and concurrent adoption of a Preliminary Use and
Management Plan, including minor erosion control and sediment control measures that may be
conducted along existing driveways and roads to prevent erosion and water quality degradation.
Minor resource management activities may be conducted to control invasive plants. The land
would be permanently preserved as open space and maintained in a natural condition.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act (CEQA) under Article 19,
Sections 15301, 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private
structures, facilities, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency’s determination. The PUMP specifies no
alteration or expansion of use at this time beyond activities associated with the repair and
maintenance of the existing roads and minor improvements.
Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural
condition and the management plan proposes to keep the area in a natural condition. The PUMP
specifies that the land will not be developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interest in the property in order to maintain the
open space character of the site.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer fee ownership of the property to the District and ensure that
the open space will be preserved. The PUMP ensures that the property is preserved as open
space by incorporating it into the Sierra Azul Open Space Preserve.
Section 15061(b)(3) exempts actions recommended in the PUMP as it has been determined that
there is no possibility the recommended actions will have a significant effect on the environment.
TERMS AND CONDITIONS
The 24.41-acre Freudenberg Property is proposed for purchase at a price of $540,000.00. The
purchase price is considered fair and reasonable for a larger, buildable property. The purchase
R-16-39 Page 5
price is also supported by a fair market value appraisal commissioned by the District in February
of 2015 and is supported by current market activity in the rural residential market area.
As stated earlier, this proposed purchase would require the District to concurrently grant a
drainage easement back to the Freudenberg’s to address the new permanent drainage
improvements that run across the 24.41-acre property. The drainage improvements were installed
by both the County and the Freudenberg’s contractor, signed off by County inspectors, reviewed
by the District’s Engineering and Construction staff, and will be maintained by the
Freudenberg’s (or subsequent owners of the adjacent 6.3-acre residential parcel). The Property
would be purchased as-is on an all-cash basis.
FISCAL IMPACT
FY2015–2016 Budget for New Land Purchases:
New Land Purchases Budget (Adjusted Mid-Year) $17,800,000.00
Land approved for purchase this year ($12,762,225.00)
Freudenberg Property ($540,000.00)
New Land Purchase Budget Remaining $4,497,775.00
The Chief Financial Officer was consulted on this proposed purchase and has indicated that,
considering cash flow and account balances, funds are available for this property purchase.
BOARD COMMITTEE REVIEW
The District’s Real Property Committee held a meeting at the District Administrative Office on
June 18, 2015 to discuss the proposed property purchase. Notice of the meeting was distributed
to property owners of land located adjacent to and surrounding the property. No neighbors or
members of the public attended the meeting. Three members of the Real Property Committee
were in attendance. Staff provided a presentation of the property, described how it would be
managed as an extension of the adjacent Preserve, and reviewed the proposed Preliminary Use
and Management Plan and the purchase terms. The Real Property Committee approved
recommending this purchase to the full Board of Directors by a 3-0 vote.
PUBLIC NOTICE
Property owners of land located adjacent to or surrounding the subject property have been mailed
a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act has
been provided.
NEXT STEPS
Upon approval by the Board of Directors, staff would proceed with the close of escrow for the
purchase of the property by June 30, 2016, and take the next steps identified in the PUMP as
contained in this report. The District’s South Area Outpost Field Office would manage the
property as an addition to Sierra Azul Open Space Preserve.
R-16-39 Page 6
Attachments:
1. Resolution Authorizing Acceptance of Purchase and Sale Agreement, Authorizing
General Manager or Other Officer to Execute Certificate of Acceptance of Grant
to District, Authorizing the President of the Board of Directors or General
Manager to Execute the Easement Deed, and Authorizing General Manager To
Execute any and all Other Documents Necessary or Appropriate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of Freudenberg)
2. Location Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent
Attachment 1
Resolutions/2016/R-16-11_Freudenberg Purchase 1
RESOLUTION 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF PURCHASE AND SALE AGREEMENT, AUTHORIZING GENERAL
MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING THE
PRESIDENT OF THE BOARD OF DIRECTORS OR GENERAL
MANAGER TO EXECUTE THE EASEMENT DEED, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE -
LANDS OF FREUDENBERG)
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE . The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
between Lowell Freudenberg and Pamela Freudenberg, husband and wife as joint tenants
(Seller), and the Midpeninsula Regional Open Space District, a copy of which purchase
agreement is attached hereto and by reference made a part hereof, and authorizes the President of
the Board of Directors, General Manager, or other appropriate officer to execute the Agreement
and all related transactional documents on behalf of the District to acquire the real property
described therein (“the Freudenberg Property”).
SECTION TWO. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on
behalf of the District.
SECTION THREE. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute the Drainage Easement Deed to the Seller.
SECTION FOUR . The General Manager or the General Manager’s designee is
authorized to provide notice of acceptance to the seller and to extend escrow if necessary.
SECTION FIVE . The General Manager or the General Manager’s designee is
authorized to expend up to $10,000.00 to cover the cost of title insurance, escrow fees, and other
miscellaneous costs related to this transaction.
SECTION SIX. The General Manager and General Counsel are further authorized to
approve any technical revisions to the attached Agreement and documents, which do not involve
any material change to any term of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ________, 2016, at a regular meeting thereof, by the following vote:
Attachment 1
Resolutions/2016/R-16-11_Freudenberg Purchase 2
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
APN: 558-46-00124.41 Acres
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R-16-36
Meeting 16-08
April 13, 2016
AGENDA ITEM 7
AGENDA ITEM
Authorization to Award Contract to Ecological Concerns, Inc. for Invasive Species Management
on Four Projects in FY2015-16, FY2016-17, and FY2017-18.
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into a contract with Ecological Concerns, Inc. of Santa
Cruz, California in the amount not to exceed $373,483 to provide invasive species management
services including safe application of herbicides on District Open Space Preserves in FY2015-
16, FY2016-17, and FY2017-18.
SUMMARY
The work consists of manual, mechanical, and the safe application of several herbicides
consistent with the District’s Integrated Pest Management (IPM) Program to control non-native
plants and weeds for four projects on multiple District Open Space Preserves in FY2015-16,
FY2016-17, and FY2017-18. A Request for Bids was sent to ten selected vegetation
management firms; and two (2) proposals were received. After thorough review of the
proposals, staff recommends awarding the contract to Ecological Concerns, Inc of Santa Cruz,
CA who is the lowest responsible and responsive bidder. The cost for these services will not
exceed $373,483 over two years.
MEASURE AA
Of the projects being awarded through this action, only the Bear Creek Redwoods Open Space
Preserve (OSP) restoration project is a component of the 5-year Measure AA Project List
approved by the Board at their October 29, 2014 meeting. The Bear Creek Redwoods OSP
project is identified as Project #21 Bear Creek Redwoods: Public Recreation and Interpretive
Projects, and more specifically Project #21-7, Invasive Species Management.
DISCUSSION
Background
The District manages invasive plants on Preserves to protect and restore the natural environment
and to support conservation grazing. District field staff, contractors, the California Conservation
Corps, and volunteers all assist in management of vegetation on Preserves. Contractors are most
frequently used for large infestations and for invasive species that have very specific treatment
timing. District staff oversees the work of contractors, which includes monitoring by District
biologists when contractors are working near sensitive areas such as ponds with rare aquatic
R-16-36 Page 2
species. The District uses IPM practices when managing invasive plants and weeds, and the
contractor is required to follow thirty best management practices to protect the environment and
human health.
Four (4) priority projects were selected during the Integrated Pest Management Coordination
Team meeting in December and included in the District’s 2016 Annual IPM Plan. The four (4)
priority projects include: (1) continuation and expansion of the Slender False Brome Program
(see R-16-21), (2) implementation of the Bear Creek Redwoods Integrated Pest Management
Plan (discussed in more detail below), (3) continuation, and expansion of contracted invasive
vegetation control in rangelands at La Honda Creek Redwoods (see R-12-25), and (4)
continuation and expansion of thistle and invasive grass control at four Preserves (Long Ridge,
Los Trancos Russian Ridge, and Skyline Ridge OSPs).
In October of 2015, the District contracted with MIG/TRA to inventory, map, and create an
Integrated Pest Management Plan (IPMP) for fourteen (14) priority invasive species at Bear
Creek Redwoods OSP. This IPMP will be the basis for the scope of work contracted for the
Bear Creek Redwoods OSP in anticipation of this Preserve opening to the public.
Contractor Selection
The four (4) priority projects were combined into one Request for Bids (RFB) to reduce
expenses associated with advertising and the administration costs and time commitment from
District staff. District staff also believes that by combining the projects into one bid with a four
year time frame, more qualifying bidders would be attracted due to the relatively larger scale and
scope of the RFB, more competitive rates, and increased contractor knowledge of treatment
methods and locations for consistent invasive species management for ecological restoration
activities.
The RFB was issued on March 2, 2016 and advertised in local newspapers and on the District
website. Ten firms, known to have experience managing vegetation in park environments, were
directly notified by staff of the RFB. Two separate Bid-Walks were set up to ensure all Projects
had representative sites visited. Six firms attended a mandatory pre-bid tour on March 14, 2016
at two (2) of the proposed treatment sites in the Skyline Area Preserves. Two firms attended a
mandatory pre-bid tour on March 16, 2016 at Bear Creek Redwoods Open Space Preserve.
Addendums were issued on March 19 and March 24, 2016 clarifying questions on the Request
for Bids during and after the pre-bid tour.
Bids were due on March 29, 2016. The results are as follows:
Project #1: Slender False Brome
Bidder Location Total Bid for
four years
Percent of Cost
Estimate of
$100,000
Two Year
Authorization
Request
1 Confluence
Restoration
Santa Cruz,
CA $141,000 141%
2 Ecological
Concerns, Inc.
Santa Cruz,
CA $88,240 88% $44,120
R-16-36 Page 3
Project #2: Bear Creek Redwoods
Bidder Location
Total Bid
for three
years
Percent of Cost
Estimate of
$200,000
Two Year
Authorization
Request
2 Ecological
Concerns, Inc.
Santa Cruz,
CA $189,634.50 95% $126,423
Project #3: La Honda Area
Bidder Location
Total Bid
for four
years
Percent of Cost
Estimate of
$140,000
Two Year
Authorization
Request
2 Ecological
Concerns, Inc.
Santa Cruz,
CA $130,920 94% $65,460
Project #4: Thistle and Grass Control
Bidder Location
Total Bid
for four
years
Percent of Cost
Estimate of
$292,000
Two Year
Authorization
Request
2 Ecological
Concerns, Inc.
Santa Cruz,
CA $274,960 94% $137,480
Ecological Concerns, Inc is the lowest responsible and responsive bidder for all four projects.
The duration of the initial contract will be a two-year term, for a total of $373,483. Additionally,
an option to extend the contract’s individual projects an additional two (2) years is included in
the contract.
FISCAL IMPACT
The Natural Resources Department FY2015-16 Budget includes $442,820 for Facility
Maintenance – Resource Management and Landscaping of which approximately $115,200 is
budgeted for the remaining fiscal year for work with vegetation management contractors.
The Natural Resources Department FY2016-17 Budget request includes$441,300 for Facility
Maintenance – Resource Management and Landscaping of which approximately $186,741.50
was budgeted for one year of work with a vegetation management contractor.
A similar amount is projected for FY2017-18 Budget request for Facility Maintenance –
Resource Management and Landscaping of which $71,812 will be budgeted for the remaining
two year contract term.
If District staff elects to extend the contract, staff will return to the Board of Directors to obtain
authorization to extend the contract for the additional two (2) years, raising the total project cost
to $683,754.
BOARD COMMITTEE REVIEW
As noted below, the Board of Directors has previously made findings on each of the vegetation
management activities covered under this contract.
R-16-36 Page 4
• On December 10, 2014, the Board approved the Draft Environmental Impact Report for
the Midpeninsula Regional Open Space District Integrated Pest Management Program.
• On June 24, 2015, the Board was updated on the Bear Creek Redwoods Preserve Plan,
including actions necessary to restore native vegetation in anticipation of opening the
preserve for public recreation in 2018 (see R-15-92).
• On March 9, 2016, the Board was updated on the Slender False Brome Program (see R-
16-021).
No additional Board Committee review is required.
PUBLIC NOTICE
Public notice of this Agenda Item was provided per the Brown Act. No additional notice is
required.
CEQA COMPLIANCE
The vegetation management 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:
• Draft 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
contract with Ecological Concerns, Inc of Santa Cruz.
Responsible Department Head:
Kirk Lenington, Natural Resources
Prepared by:
Coty Sifuentes, Integrated Pest Management Coordinator, Natural Resources
R-16-40
Meeting 16-08
April 13, 2016
AGENDA ITEM 8
AGENDA ITEM
Revisions to Management Partners’ Professional Services Contract for Financial and Operational
Sustainability Model Study Implementation Support
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to increase Management Partners’ Professional Services
Contract for Financial and Operational Sustainability Model Study implementation support by
$20,606 to a not-to-exceed amount of $145,606.
SUMMARY
On February 25, 2015, the Board authorized the General Manager to enter into a professional
services contract with Management Partners of San Jose, CA, for Financial and Operational
Sustainability Model (FOSM) Study implementation support. Under the scope of this
agreement, Management Partners has assisted the District in developing and releasing a Request
for Proposals for an Information Technology strategic plan, development and facilitation of a
project delivery process, assistance with key recruitments and Human Resources support during
FOSM implementation, and work on design of the Operations Department transition into the
Visitor Services Department and the Land and Facilities Services Department. The cost for these
tasks totals $115,856 to date, leaving a remaining balance of $9,144 in this contract. The
General Manager’s Office (GMO) has identified two additional priority FOSM Implementation
tasks, a functional review of the Human Resources (HR) Division and a work flow review of the
General Manager’s Office. The General Manager’s Office has reviewed draft scopes of work for
these studies with Management Partners, and estimates them to cost $29,750, $14,000 for the HR
review and $15,750 for the GMO review. Based on Management Partners’ understanding of the
District’s needs and their expertise in completing organizational reviews, the General Manager
recommends utilizing the sole-sourcing exception provided in Board Policy 3.03 “Public
Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy” to
utilize Management Partners to complete this Human Resources Division functional review and
General Manager’s Office workflow review. Therefore, the General Manager recommends a
$20,606 amendment to Management Partners’ agreement, which will allow $29,750 to complete
these tasks – $14,000 for the HR review and $15,750 for the GMO review.
DISCUSSION
The District has made considerable progress in implementing FOSM Study
recommendations. All of the projects have been completed that were identified in the
Implementation Support Agreement with Management Partners, authorized by the Board
R-16-40 Page 2
of Directors on February 25, 2015, with an agreement that was executed on March 19,
2015. These included:
• Manage RFP Process and Oversee Consultant Engagement for Information Technology
Strategic Plan
• Facilitate Project Delivery Process Improvement (includes process mapping and
facilitated workshops)
• Manage Executive Recruitment for key positions (2 or 3)
• Support Human Resources through FOSM implementation (i.e., preparation of job
descriptions, class and compensation support, recruitment strategy, change management)
The Information Systems and Technology (IST) strategic plan has been completed and
implementation is underway. The Project Delivery Process has been designed and is
being utilized for delivery of priority Measure AA projects. Three executive recruitments
have been successfully completed – Chief Financial Officer/Administrative Services
Director, IST Division Manager, and Engineering and Construction Department
Manager. Management Partners has assisted Human Resources (HR) with a
reclassification study of the Natural Resources Department and support regarding job
descriptions for the Executive Recruitments, and assisted the GMO with preparing for the
Operations Department transition to Land and Facilities Services and Visitor Services
Departments. The original scope of work for FOSM Implementation support is provided
as Attachment 1.
Several aspects of these FOSM implementation tasks took more of Management
Partners’ time than originally anticipated. One executive recruitment took two rounds to
complete, the Project Delivery Process took three employee workshops instead of the
originally anticipated one and a half, and work on the Operations transition has been
more complex than anticipated. Therefore, the $35,000 allocated for “Other”
implementation tasks was utilized more than anticipated for these other tasks, leaving
only $9,144 in the contract.
With the heavy recruitment load HR is carrying, combined with other HR functions
necessary to support a growing and maturing organization, the GMO has identified the
need to assess the HR Division. Similarly, with the FOSM restructuring and changes of
processes throughout departments and the addition of Public Affairs, the
CFO/Administrative Services Director, and a Senior Management Analyst to the General
Manager’s Office as additional direct reports, the GMO has identified the need to assess
workflow processes in the GMO in order not bottle-neck process efficiencies that are
improving throughout the organization.
Management Partners is uniquely qualified for FOSM implementation tasks such as the two
mentioned above due to the knowledge and insight they have gained during the course of the
FOSM study. They are experienced in conducting organizational/functional reviews and process
efficiency reviews. Their level of familiarity with the District’s current structure, functions, and
processes, as well as staff roles, will enable their FOSM implementation work to be cost
effective. In addition, the General Manager is confident in the quality of Management Partners’
work, as shown by their work on the FOSM study.
The GMO has negotiated scopes of work with Management Partners, and the proposed cost for
the two projects is anticipated to cost $29,750. Therefore, the General Manager recommends
R-16-40 Page 3
amending their contract for $20,606 to be able to complete these tasks in combination with the
$9,144 currently remaining in their contract. The proposed scopes of work for these two projects
are provided as Attachments 2 and 3.
FISCAL IMPACT
Approval of the General Manager’s recommendation will cost the District a not-to-exceed
amount of $20,606 more than the originally approved $125,000 for Management Partners’
FOSM Study implementation support.
BOARD COMMITTEE REVIEW
Board Committee review is not required for this item.
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 authorization, the General Manager will revise the contract with Management
Partners to complete these two tasks related to FOSM Implementation support.
Attachments
1. FOSM Implementation Support Scope of Work, February 2015
2. Scope for Human Resources Assessment
3. Scope for General Manager’s Office Workflow Assessment
Responsible Department Manager:
Steve Abbors, General Manager
Prepared by:
Kevin S. Woodhouse, Assistant General Manager
Midpeninsula Open Space District
FOSM
Implementation Support – Partnership Agreement Overview
February 16, 2015
Project: Support FOSM implementation by managing and assisting with the activities listed below as
well as other FOSM activities as authorized by the General Manager. The Partnership Agreement is a
contracting tool that establishes a master agreement against which specific project plans will be
scoped and approved prior to beginning work. A detailed plan of work and project cost will be
prepared at the request of the General Manager.
Projects
Manage RFP Process and Oversee Consultant Engagement for Information Technology
Strategic Plan
Facilitate Project Delivery Process Improvement (includes process mapping and facilitated
workshops)
Manage Executive Recruitment for key positions (2)
Support Human Resources through FOSM implementation (i.e., preparation of job
descriptions, class and compensation support, recruitment strategy, change management)
Other FOSM Implementation Support
Hours Summary
Activity Estimated Cost*
IT Strategic Plan Process 20,000
Project Delivery Process Improvement 20,000
Manage Executive Recruitments 35,000
Support Human Resources through FOSM 15,000
Other FOSM Implementation Support (TBD) 35,000
Total 125,000
*Estimate only. Actual project costs may vary based on level and type of support desired by the District and will
be determined when the scope is developed and approved by the District.
Project Director: Andy Belknap
Project Managers: Nancy Hetrick, Christine Butterworth
ATTACHMENT 1
Midpeninsula Regional Open Space District
FOSM Implementation Support
PROJECT PLAN
Human Resources Functional Review
February 1, 2016
Project: Review the staffing, workload and functional alignment of the human resource department and
develop recommendations for staffing and organizational structure.
Project Team: Nancy Hetrick or Christine Butterfield (Project Manager), Tim Sullivan (Special
Advisor for HR), Harrison Pugh (Analyst)
Activities
Getting Started
o Meet with the AGM and CFO to review the project scope and schedule
o Obtain and review background information
Obtain Information
o Interview CFO
o Prepare staff position description questionnaire (PDQ)
o Support CFO interviews with department managers
o Obtain workload data
o Identify peers for targeted benchmarking/learning
o Conduct targeted peer interviews
Conduct Analysis
o Analyze completed PDQs as compared to job specifications
o Evaluate functional and workload demands
o Identify gaps
o Evaluate staffing practices used by peers for best practices
o Evaluate staffing options and develop alternatives
Prepare recommendations
o Review alternatives with Executive Team
o Prepare memo of recommendations
o Present to Executive Team
o Incorporate feedback and finalize memo
ATTACHMENT 2
Key Milestones
The following are the key steps in the process.
• Hold kick off and interview CFO/AGM March 14
Week of
• PDQs completed by staff March 21 & 28
• Conduct peer interviews March 28 & April 4
• Review alternatives with Exec Team April 25
• Finalize memo May 9
Activity Estimated Hours*
Project Start 5
Obtain Information 28
Conduct Analysis 48
Prepare Recommendations 31
Total 112
Total Project Cost: $14,000
Approved by Date
__________________________ ______________________
ATTACHMENT 2
Midpeninsula Regional Open Space District
FOSM Implementation Support
PROJECT PLAN
General Manager’s Office – Reporting Structure Review
March 23, 2016
Project: Review the current reporting structure and working relationship of the General Manager’s Office
and develop recommendations to improve the percentage of time the General Manager is available to
spend on matters related to the Board and strategic issues.
Project Team: Nancy Hetrick and Christine Butterfield
Activities
Getting Started
o Meet with the General Manager to review the project scope and schedule
o Review status of FOSM implementation
o Prepare for interviews
Obtain Information
o Interview the General Manager
o Interviews General Manager direct reports
o Identify systems that contribute to or distract from leadership effectiveness
Conduct Analysis
o Identify bottlenecks with information flow
o Determine communication channels and expectations for decision making
o Assess systems that impact GMO effectiveness
o Evaluate decision making requirements and workload demands
o Identify explicit and implicit roles as informs the GMO’s effectiveness at
providing strategic leadership
o Develop organization structure options
o Review options with General Manager
Prepare recommendations
o Prepare recommendations
o Review with General Manager
ATTACHMENT 3
Activity Estimated Hours*
Project Start 5
Obtain Information 25
Conduct Analysis 40
Prepare Recommendations 20
Total 90
Total Project Cost: $15,750
Approved by Date
__________________________ ______________________
ATTACHMENT 3
R-16-41
Meeting 16-08
April 13, 2016
AGENDA ITEM 9
AGENDA ITEM
Amendment of Classification and Compensation Plan for the Assistant General Counsel I & II
Classifications
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution amending the District’s Classification and Compensation Plan for the
Assistant General Counsel I & II Classifications.
SUMMARY
The compensation range for the Assistant General Counsel II classification was identified as
significantly out of alignment with comparators in the District’s 2013-14 Compensation Study
Report. That report concluded that this classification was 16.7% percent below the median
adjusted top monthly salary for approved comparator agencies and classifications at that time.
No action has been taken to date to address this gap, and updated data shows that the
classification continues to be 16.4% below market. The Assistant General Counsel II is in a
series with the Assistant General Counsel I classification. The General Manager therefore
recommends bringing the salary range for these two classifications into alignment with the
current comparator median data.
DISCUSSION
The General Manager is proposing to increase the salary range for the Assistant General Counsel
II & I classifications in order to align the salaries with the current comparator median data for
this series. This would help the District remain competitive for similar positions in comparator
agencies.
On March 26, 2014, the Board of Directors accepted the District’s 2013-14 Compensation Study
Report prepared by Koff & Associates. Many of the classification and compensation issues
highlighted by that report have been addressed through subsequent classification and
compensation adjustments. Two outstanding classifications not addressed are the Assistant
General Counsel II and I. In the 2014 study Koff benchmarked the senior position of Assistant
General Counsel II to be 16.7 % percent below the median of Board approved comparator
agencies. Human Resources staff researched the market in February of 2016 and found the
Assistant General Counsel II is now 16.4% percent below market.
R-16-41 Page 2
In March of 2015 the Board adopted the Employee Compensation Guiding Principles and
established a philosophy to maintain “competitive compensation” as a tool to attract and retain
high-quality employees. The Board stated that “when comparing to benchmark agencies using
‘top-range salary’, a competitive salary is defined as median to 55th percentile of the comparator
agencies, plus or minus five percent, with no employee’s top-range salary below median or
above 60th percentile.” In keeping with these Guiding Principles the Assistant General Counsel
II and I classifications should be adjusted to the market.
In the District’s Classification and Compensation Plan the current Assistant General Counsel II
compensation is at range 48 with the top step salary of $137,076. The market median at top step
for this position in comparator agencies is $159,624. The recommendation is to bring Assistant
General Counsel II to salary to range 55 with the top step salary of $162,648, which is 1.9%
percent above the median of the current market rate and in line with District salary ranges and
compensation philosophy.
The Assistant General Counsel I classification is the set at 5% percent below the senior position,
Assistant General Counsel II in the current class and comp plan. These two classifications are
tied together in a series and for consistency it is recommended to bring both of these positions
into market alignment. The new proposed salary range for the Assistant General Counsel I is
range 53 and top step salary of $154,908. The senior Assistant General Counsel II classification
is filled and the Assistant General Counsel I is not filled at this time. The proposed
compensation adjustments will address obvious retention issues and help the District continue to
attract high caliber employees to classifications in this series in future recruitments.
FISCAL IMPACT
The additional cost for this fiscal year totals $7,400 and will be covered by vacancy savings in
other departments. For FY2016-17, the additional cost will be incorporated as part of the
adopted budget.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
Current Salary Range
Classification Range Salary Range
Assistant General Counsel
II 48 $109,764-$137,076
Assistant General Counsel I 46 $104,352-$134,560
Proposed Salary Range
Assistant General Counsel
II 55 $130,236-$162,648
Assistant General Counsel I 53 $124,032-$154,908
R-16-41 Page 3
CEQA COMPLIANCE
No compliance is required as this action is not a project under the California Environmental
Quality Act (CEQA).
NEXT STEP
Upon Board approval, the District’s Classification and Compensation Plan will be amended
accordingly.
Attachment
1. Resolution Amending Classification and Compensation Plan for the Position of
Assistant General Counsel I/II
Responsible Department Head:
Steve Abbors, General Manager
Prepared by:
Candice Basnight, Human Resources Supervisor
Attachment 1
Resolutions/2016/16-__Amend C&C AGC I/II 1
RESOLUTION NO. 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
THE CLASSIFICATION & COMPENSATION PLAN FOR THE
POSITION OF ASSISTANT GENERAL COUNSEL I/II
WHEREAS, the General Manager has proposed an amendment to the Midpeninsula
Regional Open Space District Classification and Compensation Plan to reflect current
comparative data; and
WHEREAS, the Board of Directors having considered such proposal and
recommendation;
NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space
District does hereby resolve as follows:
1. The Classification and Compensation Plan of the Midpeninsula Regional Open Space
District shall be amended for the position of Assistant General Counsel as reflected
below:
Classification
Title
Step
Range
#
Hourly
Range $
Minimum
Monthly
Range $
Maximum
Annual
Range $
Minimum
Time
Maximum
Annual
Minimum
Annual
Maximum
Time
Base
Assistant
General
Counsel I
53 59.631 74.475 10,336 12,909 124,032 154,908 Full-time
Assistant
General
Counsel II
55 62.613 78.196 10,853 13,554 130,236 162,648 Full-time
2. Except as herein modified, the Classification and Compensation Plan, Resolution No.
15-18 as amended, shall remain in full force and effect.
3. This resolution shall be effective April 14, 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:
Attachment 1
Resolutions/2016/16-__Amend C&C AGC I/II 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
R-16-42
Meeting 16-08
April 13, 2016
AGENDA ITEM 10
AGENDA ITEM
Measure AA Bond Oversight Committee Appointments
GENERAL MANAGER’S RECOMMENDATIONS
1. Select and appoint the members to serve on the Measure AA Bond Oversight Committee
from the candidates listed in the staff report.
2. Confirm distribution of terms of office by either random assignment or Board preference.
SUMMARY
Measure AA requires formation of a bond oversight committee (Committee) to review bond
expenditures to verify conformity with the adopted expenditure plan. The recruitment began in
October 2015 and closed on December 11, 2015. Twenty-nine applications were received, and
the Board interviewed the ten applicants with the highest composite rankings at a special meeting
on March 2, 2016. Based on the process approved at the January 13, 2016 Board meeting, the
Board will select seven applicants to serve on the Committee. The terms will be effective July 1,
2016. Three appointees will serve through December 2018, and four appointees will serve a four
year term ending in December 2020. All subsequent terms will be for four years. For the
formation of the Committee, the appointed committee members will be randomly assigned to the
two- or four-year terms.
DISCUSSION
At the January 13, 2016 Board meeting the Board determined the Committee members would be
selected after all applications had been reviewed by the full Board of Directors. The applicants
with the highest combined rankings were interviewed at a special meeting on March 2, 2016.
The names of the interviewed applicants are listed below.
• Paul Betlem
• Carla Dorow
• Susan Dunn
• Elizabeth Eischen
• Denise Gilbert
• Brian Kinion
• John Melton
• Tom Scannell
• Bruce Tolley
R-16-42 Page 2
• Jo Zientek
The process for appointing the seven Committee members will be as follows:
- The District Clerk will provide ballots listing all ten applicants’ names.
- Each Board member may vote for seven applicants, and the District Clerk will tabulate
the results.
- The seven applicants receiving the most votes, will be appointed to the Committee. In the
event of a tie, another round of voting will be held with each Board member having the
same number of votes as unfilled Committee seats. The District Clerk will then tabulate
the results.
- If any ties remain, the General Counsel shall choose the Committee members for the
open seats by drawing lots from among those applicants receiving the tied votes.
The Committee is made up of seven seats, with four seats being initially appointed for a four-
year term, and three seats being initially appointed to a two-year term. All subsequent terms will
be for four years. For these initial appointments to the Committee, it is recommended that the
committee members be randomly assigned to the four- or two-year terms. Alternatively, the
Board may choose to assign terms.
FISCAL IMPACT
There is no fiscal impact associated with the appointment of the Committee members.
BOARD COMMITTEE REVIEW
The applications were reviewed and the applicants interviewed by the full Board of Directors.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Additional notices were sent to the
applicants being considered.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Upon appointment to the Committee, the District Clerk will notify all candidates of their
appointment or non appointment. Appointed Committee members will be invited to take the oath
of office at the April 27, 2016 Board meeting.
Responsible Department Head:
Steve Abbors, General Manager
Prepared by:
Jennifer Woodworth, District Clerk
R-16-43
Meeting 16-08
April 13, 2016
AGENDA ITEM 11
AGENDA ITEM
Board Policy Titled “Positions on Ballot Measures and Legislative Advocacy”
GENERAL MANAGER’S RECOMMENDATION
Approve the “Positions on Ballot Measures and Legislative Advocacy” policy as recommended
by the Legislative, Funding and Public Affairs Committee.
SUMMARY
The District occasionally receives requests to endorse ballot measures and regularly responds to
proposed legislation which may affect the District and its operations where timeliness may be
critical to the outcome. In addition, Board members have opportunities to represent District
positions in public or as private citizens. The attached policy, “Positions on Ballot Measures and
Legislative Advocacy”, was developed to ensure consistency in the District’s approach to these
important matters and includes definitions for additional clarity.
MEASURE AA
This is not a Measure AA project.
DISCUSSION
At the September 23, 2015 meeting of the Board of Directors, the Board referred development of
a policy concerning Endorsements of Ballot Measures and Legislative Advocacy to the
Legislative, Funding, and Public Affairs Committee (LFPAC) to ensure consistency and
timeliness in the District’s response to such matters. The attached policy “Positions on Ballot
Measures and Legislative Advocacy”, provides guidance for considering positions the Board
may wish to take on both matters before the voters and on local, state and federal legislation, and
when representing the District as a member of the Board or as a private citizen.
Occasionally, the Board of Directors or individual Board members may receive requests to
endorse a specific position regarding local or state ballot measures. The attached policy provides
guidance on how the Board may consider taking a position if the measure or proposition would
directly impact District business interests AND is in line or inconsistent the District’s mission
and related commitments. The policy further describes how the Board, by majority vote, may
direct the General Manager to perform appropriate research and return with a recommendation
after which the Board may vote on that recommendation or how the Board, again by majority
vote, may direct the General Manager to analyze measures or propositions that do not impact
Positions on Matters Before the Voters
R-16-12 Page 2
District business. In that case, the General Manager would return with alternatives for Board
action without a position recommendation.
While LFPAC receives regular updates from staff and consultants regarding legislation that may
impact the District or its operations, many legislative items are time sensitive and must be acted
on quickly. Because the District’s response to legislation can be very time sensitive, the attached
policy describes the general circumstances when LFPAC would bring legislation back to the full
Board; when LFPAC would direct the General Manager to take a position or when the General
Manager would advocate on behalf of the District when there is not time to convene either
LFPAC or the full Board, as long as specific criteria are met.
Local, State and Federal Legislative Advocacy
In addition to action on positions before the voters and local, state and federal legislative
advocacy, the attached policy provides guidance for those instances when Board members take
an official position on behalf of the full Board and when they take a position on behalf of
themselves as a private citizen.
Official and Private Advocacy by Board Members
FISCAL IMPACT
Although there is no fiscal impact directly associated with approval of the proposed draft policy
“Positions on Ballot Measures and Legislative Advocacy” the recommended policy could
increase staff time required to research ballot measures or legislation, and therefore impact
workload priorities.
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.
BOARD COMMITTEE REVIEW
The Legislative, Funding, and Public Affairs Committee reviewed and discussed the “Positions
on Ballot Measures and Legislative Advocacy” policy at its meeting on March 15, 2016 and
suggested several edits for inclusion in the final draft. The revised policy is recommended for
approval by the Board of Directors.
NEXT STEPS
If approved by the Board of Directors, the “Positions on Ballot Measures and Legislative
Advocacy” policy would be included in the Board Policy Manual and used by staff in guide the
process for reviewing and analyzing local, state, and federal legislation.
Attachment
1. Draft Board Policy “Positions on Ballot Measures and Legislative Advocacy”
R-16-12 Page 3
Responsible Department Head:
Steve Abbors, General Manager
Contact person:
Shelly Lewis, Public Affairs Manager
Prepared by:
Jennifer Woodworth, District Clerk
Midpeninsula Regional Open Space District
Board Policy Manual
Positions on Ballot Measures
and Legislative Advocacy
Policy 1.__
Chapter 1 – Administration and Government
Effective Date: Revised Date:
Prior Versions: N/A
Board Policy __ Page 1 of 3
Purpose
To establish a policy governing positions on local and state ballot measures/propositions and
state and federal legislative advocacy. It is intended to cover all matters before the Legislature
and the voters.
Definitions
For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the
following terms and definitions shall be used:
Measure – may be included on a municipal, county, or district ballot and includes
ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or
county charter amendments, or any other measure or proposition a legislative body may
submit to the voters within the body’s jurisdiction.
Ballot Proposition – can be a referendum or an initiative measure that is submitted to the
electorate for a direct decision or direct vote. Propositions may be placed on the ballot by
the California State Legislature or by a qualifying petition signed by registered voters.
Initiative – power of the electors to propose legislation, and to adopt or reject them. Any
proposed ordinance may be submitted to the legislative body by means of a petition.
Referendum – applies to the process for repealing newly enacted legislation. Within
specified time limits, the electors may file a petition protesting the adoption of that
legislation.
Local Legislation – typically ordinances, which are the laws of a city, charter, or district,
often having the force of law, but only within the local jurisdiction.
State or Federal Legislation – bills or proposed legislation under consideration by the
legislature at the state or federal level.
Policy
Attachment 1
Board Policy __ Page 2 of 3
1. Positions on Matters Before the Voters
a. From time to time the Board of Directors may be asked or may desire to take a
position on local or state measures. The Board may consider taking a position on the
measure/proposition if the measure/proposition:
i. Would directly impact the District’s finances, responsibilities, legal authority,
or operations; AND
ii. Is in line with or inconsistent with the District’s mission and/or commitment
to preserve open space within its boundaries and sphere of influence.
The Board, by majority vote, may direct the General Manager to research the
measure/proposition and return to the Board at a future meeting with information
and a General Manager recommendation. At that time, the Board may vote to take
a position on a measure/proposition.
b. Measures/propositions determined to not impact District business may nonetheless
be analyzed by the General Manager when directed by a majority vote of the Board,
of which the analysis report would include possible alternatives for Board action, but
no position recommendation.
2. Local, State, and Federal Legislative Advocacy
a. The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic
updates regarding the District’s legislative program. When LFPAC determines that
proposed legislation may affect District business, it may direct the General Manager
to prepare a recommendation for consideration by the full Board or where there is
not adequate time to convene the full Board, may direct the General Manager to
take action to support or oppose the legislation without full Board approval. In such
cases, the General Manager or designee shall report to the Board any actions taken
to support or oppose legislation at or before the next Board meeting.
b. When time is so short that neither the full Board nor LFPAC can be convened to
consider positions to support or oppose local, state or federal legislation, the
General Manager is authorized to take a position on behalf of the District if the
legislation:
i. Is related to the District’s mission; AND
ii. Would directly impact the District’s business, such as project delivery,
operations, finances, legal authority, or other District responsibilities; AND
iii. The position being taken is consistent/inconsistent with existing District
policy, past action, or District Strategic Plan; OR
iv. The legislation carries other considerations that make it contrary to the
District’s interests.
In such instances, the General Manager or designee shall report to the Board any
actions taken to support or oppose the legislation at or before the next Board
meeting.
c. Full Board action is required regarding legislation that is not clearly within the
criteria listed above under Section 2.b. or guided by direction previously given by
LFPAC.
Attachment 1
Board Policy __ Page 3 of 3
3. Full Board action is required to support or oppose any type of grassroots advocacy action,
such as social, political, or economic movements, that are not legislation.
4. Board members representing the District in their official capacity on regional or other
bodies may, at his or her discretion, take actions based on the principles above consistent
with previously approved Board positions and policies.
5. This policy is not intended to limit the prerogative of individual Board members from
expressing their individual support for or opposition to any local ballot measure, State
proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing
so, the member should clearly state they are speaking for themselves, and not in an official
capacity on behalf of the Board or the District. Individual Board Members who take a
position in support or opposition to ballot measure or legislation for which the Board has
not previously taken a position are encouraged as a professional courtesy to include the
language for identification purposes only parenthetically following their signature
referencing their position on the Board.
Attachment 1
R-16-44
Meeting 16-08
April 13, 2016
AGENDA ITEM 12
AGENDA ITEM
Resolution in Support of Measure A, Santa Clara County Park Charter Fund Extension
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution in support of Measure A, Santa Clara County Park Charter Fund Extension on
the ballot for the June 7, 2016 statewide direct primary election.
SUMMARY
The Santa Clara County Park Charter Fund (Charter Fund) was first approved by the voters in
1972 and has been renewed six times since, where the current Park Charter provision was last
approved by voters in 2006 and sunsets in 2021. Currently, the Charter Fund is allocated 15%
for land acquisition, 5% for capital improvements, and 80% for maintenance and operations. If
approved by the voters, the allocation formula would change to 10% for land acquisition, 10%
for capital improvements, and 80% for maintenance and operations. The Charter Fund currently
receives 1.425 cents per one hundred dollars ($100) of assessed valuation, and Measure A would
increase that set aside to 1.5 cents per $100 of assessed valuation, projected effective July 1,
2017. The increase in funding is not an increase in taxes but is a set aside of existing property
tax revenue
. Measure A states that if approved, the funds will be used to “continue protecting
and preserving local parks; improving access to natural areas, open space, trails and recreational
opportunities; keeping restrooms and facilities clean and safe; and maintaining, operating,
acquiring and improving local parks.”
MEASURE AA
While Measure A is not an identified project under Measure AA, it could help facilitate
completion of several Measure AA partnership projects related to regional trail connections, such
as the Wildlife Corridor and Bay Area Ridge Trail crossing of Hwy 17 (MAA #20), completion
of the Middle Stevens Creek Trail (MAA #12) and Upper Stevens Creek Trail (MAA #17),
where the Stevens Creek Trail is a regional trail identified in the Santa Clara County Countywide
Trails Master Plan Update, administered by the County Parks Department.
BACKGROUND
On February 9, 2016 the Santa Clara County Board of Supervisors unanimously voted to place a
measure on the June 7, 2016 ballot proposing amendment to the Charter of the County of Santa
Clara Section 604 and extension of the Charter Fund. The Charter Fund was established in 1972
as a fixed set-aside of the existing property tax revenue from the General Fund that is deposited
in the County Park Fund for land acquisition, development, capital improvements, and
maintenance and operations of the County’s park system.
R-16-44 Page 2
On March 21, 2016, the campaign committee for Yes on Parks submitted a letter requesting the
District’s endorsement of Measure A. While the Board has not yet adopted a policy regarding
legislative advocacy, a majority of the Board directed staff to research the matter at the March
23, 2016 Board meeting. Measure A is consistent with the District’s mission in that it would
enable the County to continue protection of a regional greenbelt of open space and trails, protect
natural waterways, and provide opportunities for public enjoyment and recreation. With the Park
Charter Fund extension, the Santa Clara County Department of Parks and Recreation (Santa
Clara County Parks) will continue to offer residents a diversity of recreational facilities that
include multi-use trails, nature centers, picnicking and interpretive programs, as well as golf
courses, archery range, softball complex, velodrome, motorcycle park, fishing, waterskiing and
sailing, and other recreational facilities and uses that are not provided at District open space
preserves. Measure A would also be consistent with Objective 3 of the Board-adopted Basic
Policy, which states, “[t]he District works with and encourages private and other public agencies
to preserve, maintain and enhance open space.”
DISCUSSION
If approved by the voters, Measure A would extend the term of the County’s Park Charter
Section 604, which sets aside a portion of the property tax collected by the County and deposits
that amount in the County park fund for another 15 years, starting July 1, 2017 until June 30,
2032. The proposed amendment to the Park Charter would raise the amount of that set aside
from 1.425 cents to 1.5 cents per $100 of assessed value of all real and personal property tax
revenue in the County. Approval of Measure A would not result in an increase in property taxes
for Santa Clara County residents because it only increases the amount of the set-aside of property
taxes already collected by the County.
Additionally, the amended charter would require the County to use at least 10% of the set aside
funds for the acquisition of real property and at least 10% of the funds for park development for
County park purposes. The remaining amount would be used for County park operations and
maintenance. County Parks has identified more than $185 million in outstanding capital
investments needed in the next decade. County Parks has stated funds from the measure will
help:
• Maintain water quality by protecting land around rivers, lakes and streams
• Keep restrooms and park facilities clean and safe
• Protect and preserve local parks
• Update aging roads, parking lots, restrooms and trailheads
• Improve access to hiking and biking trails
• Improve access to natural areas and open space
Measure A would require approval by a simple majority of Santa Clara County voters. The
following individuals signed the official argument in favor of Measure A:
• Dave Cortese
• Blanca Alvarado
• Rod Diridon, Sr.
• Carl Guardino
• Yoriko Kishimoto
R-16-44 Page 3
Additionally, Measure A has been endorsed by the League of Conservation Voters, Committee
for Green Foothills, Bay Area Ridge Trail Council, Silicon Valley Bicycle Coalition, and more
than 50 other elected and community leaders.
Additional information about Measure A is available on the Santa Clara County Parks website at
https://www.sccgov.org/sites/parks/Whats-Happening/Pages/investing-Parks.aspx and
http://www.yesonparks.com.
FISCAL IMPACT
There is no fiscal impact associated with adopting a resolution in support of Measure A, the
Santa Clara County Park Charter Fund Extension. However, the County of Santa Clara has paid
50% of the District’s acquisition costs for joint projects and could choose to do that again in the
future.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If approved by the Board of Directors, a copy of the resolution in support of Measure A, Santa
Clara County Park Charter Fund Extension, will be transmitted to the Yes on Parks campaign
committee.
Attachment
1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District
Supporting Measure A, Santa Clara County Parks Charter Fund Extension
Responsible Department Head:
Steve Abbors, General Manager
Prepared by:
Jennifer Woodworth, District Clerk
Resolutions/2016/16-12_Endorse Measure A 1
RESOLUTION 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING
MEASURE A, SANTA CLARA COUNTY PARKS CHARTER FUND
EXTENSION
WHEREAS, the Santa Clara County Board of Supervisors voted to place a charter
amendment on the June 7, 2016 ballot; and
WHEREAS, approval of the charter amendment by the voters in Santa Clara County
would amend section 604 of the Charter of the County of Santa Clara to add provisions to and
extend the term of section 604. The charter amendment is intended to take effect on July 1, 2017;
and
WHEREAS, the Santa Clara County Park Charter Fund authorized by section 604 would
fund continued protection and preservation of local parks; improved access to natural areas, open
space, trails, and recreational opportunities; keep restrooms and facilities clean and safe; and
maintenance, operation, acquisition, and improvements of local parks; and
WHEREAS, the measure would improve access to natural areas and open space for
Midpeninsula Open Space District residents by increasing access to hiking and biking trails,
maintaining water quality by protecting land around rivers, lakes and streams, and protecting and
preserving local parks; and
NOW THEREFORE BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does hereby declare its enthusiastic support for
Measure A, Santa Clara County Parks Charter Fund Extension on the June 7, 2016 ballot.
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
Attachment 1
Resolutions/2016/16-12_Endorse Measure A 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
DATE: April 13, 2016
MEMO TO: Board of Directors
THROUGH: Stephen E. Abbors, General Manager
FROM: Ana Ruiz, AICP, Assistant General Manager
SUBJECT: Contracting and Bidding Procedures
_____________________________________________________________________________
This FYI memorandum has been prepared in response to the Board of Directors’ (Board) request
issued on December 16, 2015 for an informational report related to the administrative
implementation of Board Policy 3.03, Public Contract Bidding, Vendor and Professional
Consultant Selection, and Purchasing (R-15-172).
DISCUSSION
Following Board approval of the revisions to Board Policy 3.03, the General Manager reviewed
and approved the corresponding revisions to Administrative Procedures 4.03, which provides
specific instructions to staff on how to implement Board Policy and Board intent to ensure that
services, supplies, materials, and labor are efficiently, legally, and transparently obtained at the
lowest possible cost.
The following highlights the new staff requirements for solicitation of goods and services.
Following the hiring of the District’s new Procurement and Contracting Agent (scheduled for
Summer, 2016), the District will develop and maintain a Contractors List of interested
contractors wishing to receive Requests for Bids for future work. These contractors would
receive future notices via email for the types of projects and work for which they have expressed
an interest. An invitation to be added to the Contractors List will be placed on the District’s
website to encourage interested contractors to be added to the list once the Procurement and
Contracting Agent position is filled.
Requests for Bids and Quotes (Contractor and Vendor Services)
Contract Amounts Noticing and Solicitation Requirements
>$50,000 Notices will be published at least 5 days before a mandatory bid tour, and
if no tour is scheduled, then at least 10 days before bids are due in (1) a
general circulation newspaper and (2) on the District’s website. Once a
Contractors List is developed, notices will also be sent to pertinent
contractors on this list. Whenever feasible, notices will also be sent to
local Builders’ Exchanges.
>$25,000 - $50,000 Once a Contractors List is developed, notices will be sent to pertinent
contractors from the list, and if no contractors are listed for the required
type of work, notices will be posted on the District’s website at least 5
days before a mandatory bid tour, and if no tour is scheduled, then at
least 10 days before bids are due.
>$5,000 - $25,000 A minimum of three quotes will be solicited and quotes may be obtained
using the Contractors List.
<$5,000 Competitive quotes will be obtained whenever reasonably feasible and
economically prudent; quotes may be obtained using the Contractors List.
The District maintains a Prequalified Consultant File of consultants deemed qualified in their
appropriate professional services categories following a Request for Qualifications process.
Qualified consultants are kept on the Prequalified Consultant file for up to a period of four (4)
years from determination of the qualification. Consultants shall be solicited on a rotational basis
so long as the consultants are able to perform the scope of work as required within a reasonable
timeframe. However, a specific consultant may be selected from the list if unique qualifications
and/or experience are required. A consultant may be removed from the Prequalified Consultant
File if the consultant is no longer meeting the needs of the District and the basis for removal shall
be documented in writing and approved by the General Manager or designee.
Requests for Qualifications and/or Proposals (Professional Services)
Contract Amounts Noticing and Solicitation Requirements
>$50,000 Requests will be posted on the District’s website a minimum of 5 days
prior to a mandatory pre-proposal meeting, and if no mandatory pre-
proposal meeting is scheduled, then a minimum of 10 days prior to the
due date of submittals.
>$25,000 - $50,000 A minimum of 3 consultants will be solicited; solicitations may be
obtained using the Prequalified Consultant list. If no Prequalified
Consultant File exists or fewer than 3 qualified consultants are listed,
notices will be posted on the District’s website at least 5 days prior to a
mandatory pre-proposal meeting, and if no mandatory meeting is
scheduled, then a minimum of 10 days prior to the due date of submittals.
>$10,000 - $25,000 A minimum of 3 submittals will be solicited; solicitations may be
obtained using the Prequalified Consultant list. If no Prequalified
Consultant File exists or fewer than 3 qualified consultants are listed,
additional qualified consultants will be solicited via other means.
<$10,000 Informal oral or written proposals will be solicited from a minimum of 3
qualified consultants; solicitations may be obtained using the Prequalified
Consultant List.
NEXT STEPS
A Contracts Training workshop was provided to staff on March 16 and a second training will be
provided on April 6 to review all of the recent changes to Board Policy 3.03.
From:Jennifer Woodworth
Bcc:BOARD; Ana Ruiz; Kevin Woodhouse; Stefan Jaskulak
Subject:Answers to Board Questions for 4/13/16 Agenda
Date:Wednesday, April 13, 2016 10:08:45 AM
Good morning all,
Please find the responses to questions submitted regarding items on tonight’s Board meeting
agenda. The answers are below in blue.
Director Cyr
Claim #71795
$2,000 for vests?
This involves resizing almost 200 vests. Volunteer Uniform Vests were purchased several years ago
as part of the logo change. A large number was purchased to protect against the style being
discontinued, which has happened, and because Public Affairs budgeted a large amount of money
for the logo change. For some reason, the vests run on the large size (i.e., a 'Small' is more like a
'Large', 'Med' more like an 'XL', etc). As a result, we eventually ran out of Smalls, Medium, and
Larges and were left with an abundance of XL, XXL, etc. that would never be used. The small
business that assists with our Logo patches, was able to take the existing larger-size vests and reduce
them by two sizes, vs. wasting this large inventory. We now have a new inventory of
'Small/Med/Large' vests that are being distributed to the new Trail Patrol (45) and Outdoor Activity
Docent (24) volunteers this month. We will also have enough vests to distribute to 'current'
volunteers/docents that have been waiting for a smaller-size vest.
Claim #s 71786 & 71845
Two different items?
Yes, these are two separate purchases that cost the exactly same amount.
Agenda Item 8 (R-16-40)
How can this be completed by May 9 if the Board hasn't said yes to the contract funds increase yet?
The preliminary schedule provided in the scope of work for Management Partners for the HR Review
has not been updated yet to reflect the later kick-off date for this project. The project will not be
completed by May 9th. Prior to executing the agreement amendment, staff will confirm with
Management Partners the revised schedule.
Director Kishimoto
Claims - #71876 - $17,000 to MetroPCS.
Just curious the story behind this? We found a better deal?
Metro PCS used to lease a location from us for a cell tower. T-Mobile then acquired Metro PCS, and
as part of the consolidation of the acquisition decided that they did no longer needed to lease that
particular site from us. The $17,000 is the return of their security deposit related to the terminated
lease.
Jennifer Woodworth, MMC
District Clerk
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485
E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if
any) may be subject to the California Public Records Act, and as such may therefore be subject to
public disclosure unless otherwise exempt under the Act.