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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) AlmaCollege Bear CreekStables &; !R !R W e b b Creek BriggsCreek A l d e r c r o f t C r e e k Mud Lake UpperLake LexingtonReservoir LowerLake Bear CreekRedwoods 14 0 0 12 0 0 10 0 0 12 0 0 1000 800 1000 PermitOnly PermitOnly Ã17 Rundell W ay 12 A O l d S a n t a C ru z H igh w ay AlmaCollege R d C h aseRoad Bea r Cr e e k R o a d BC05 BC02 BC04 BC06 BC12 Midpeninsula RegionalOpen Space District Pond Locations and Hydrology Map, Bear Creek Redwoods March, 2016 Pa t h : G : \ P r o j e c t s \ B e a r _ C r e e k _ R e d w o o d s \ P r e s e r v e P l a n \ H y d r o l o g y A n a l y s i s \ B C R _ H y d r o l o g y S t u d y _ R F P Q _ v 2 . m x d Cr e a t e d B y : j a n d e r s e n 0 600300Feet I (MROSD)MROSD Preserves While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features. San Jose Ä880 Ä101 Ä9 Ä17Ä35 Ä280 Cupertino Area ofDetail Additional input/outlet 600' Culvert FormerWaterTank Freeway or Major HighwayHighway or Major RoadMinor Paved RoadMinor Unpaved Road Building/Structure !(Gate Lake !R Culvert Streams (LiDAR-derived): Tier 2 Tier 3Tier 4Tier 5 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 2 !P !P !P !P !P Ã84 C A S t a t e R oute 84 P e e k A B o o L n LH13 LH12 LH10 Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct Ca l t ra n s H ig w a y 8 4 Mar ch, 2016 Path: G:\Projects\La_Honda_Creek\CaltransEmergencyPermit\CaltransPermitToEnterUpdate_20160328.mxd Created By: rhaines 0 500250FeetI (MR O SD )MR OS D Pres erves Pr i vat e Pr o per ty While the District strives to use the b est available d igital d at a, this d at a does not rep resent a legal survey and is merely a graphic illust ration of geogr aph ic features. Ã1 Ã35 Ã84 Area ofDetail ! La Honda ú Tunn el DriscollEvent Center La Honda CreekOpen Space Preserve ú Tunn el Fee Pr o per tyto Ca lt ra ns !P Ga te Fee Pr o per tyto Ca lt ra ns S a n G r e g o r i o C r e e k S t e v e n s C r e e k Sa r a t o g a Creek Ã35 Ã9 SkylineTr a i l Stevens C a n y o n R d. C A StateRoute3 5 CA StateRoute9 Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct Ca l t ra n s, H i gh w a y 9 Mar ch, 2016 Path: G:\Projects\a_Districtwide\CaltransHwy9\CaltransHwy9Update_20160328.mxd Created By: rhaines 0 1,400700FeetI (MR O SD ) MR OS D Pres erves Pr ivat e Pr o per ty While the District strives to use the b est available d igital d at a, this d at a does not rep resent a legal survey and is merely a graphic illust ration of geogr aph ic features. Hi g hli g hted Pr o per ty Santa ClaraSunnyvale Ã9 Ã880 Ã101 Ã17 Ã280 Ã35 MountainView Cupertino Ot her Pro t ect ed O pen S pac eor Par k L and s Saratoga GapOpen Space Preserve Sanborn - Skyline Park Mile Ma r ker 1 .6 - Ea sement t o C a lt ran s Mile Ma rker 2 .7 - Fee a nd Ea sement to Ca lt ra ns Area ofDetail 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 F r e u d e n b e r g P r o p e r t y 1600 1 8 0 0 2 0 0 0 2400 1200 2600 1 0 0 0 3000 8 0 0 3200 2800 1400 2200 34 00 2800 2800 2 8 0 0 2800 1400 2200 H e n d r ys C r e e k S o d a S pring Creek Soda Spring s Creek Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic t At t a c h m e n t A: F r e u d e n b er g P r o p e r t y June, 2015 Path: G:\Projects\Sierra_Azul\Freudenberg\Freudenberg_BoardPacket_Landscape_8.5x11.mxd Created By: jmissaghian 0 0.450.225MilesI (MROSD)Highlig ht ed Pr o pe rt yManagement A g ree ment Non MR O S D C on ser vat i o n or A g ri c ult ur al E as ement MR O S D Prese rve s Private Pr o per t y Develo ped La nd While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures. Wat er shed L an d ! ! ! ! ! ! Saratoga Campbell Los Gatos S i e r r a A z u lOSP Area ofDetail £¤17 SodaSprings R o a d SodaSprings R o a d £¤35 £¤85San Jose Water Co.Sierra Azul Open Space Preserve Cathedral Oaks Area La nd Tru st Part i a l M R O S D Ow ners hi p W e a v e r R o a d 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.