Approval of the Minutes of January 19, 2018 (Page 3)

Transcription

1 SAN DIEGUITO RIVER PARK JOINT POWERS AUTHORITY 11:00 a.m. 12:30 p.m. Friday, April 20, 2018 County Administration Center 1600 Pacific Highway, Room 302/303 San Diego Speaker slips will be available. Please fill out a slip and give it to the Chair prior to the meeting if you wish to speak to an item on the agenda. The Board may take action on any item listed on the Consent or Action Agenda. Introductions and Announcements Pledge of Allegiance Approval of the Minutes of January 19, 2018 (Page 3) Executive Director s Report Presentation on Santa Ysabel Nature Center by County of San Diego Department of Parks & Recreation Public Comment This portion of the agenda provides an opportunity for members of the public to address the Board on items of interest within the jurisdiction of the Board and not appearing on today s agenda. Comments relating to items on today s agenda are to be taken at the time the item is heard. Pursuant to the Brown Act, no action shall be taken by the Board on public comment items. DISCUSSION/ACTION 1. Approval of Proposed FY Budget(Page 8) 2. Review Policy P18-03 San Dieguito River Park JPA Procurement Policy(Page 20) 3. Citizens Advisory Committee Membership Requests (Page 28) 1

2 INFORMATION 4. Project Status Updates a. Founders Tribute b. Pamo Valley Trail c. Coastal Ranger Station d. Surf Cup and Fairbanks Ranch Trail Segment 5. Coordination Reports (oral) a. San Dieguito River Valley Conservancy b. Friends of the San Dieguito River Valley c. Volcan Mountain Preserve Foundation d. San Dieguito Lagoon Committee e. Friends of Sikes Adobe 6. Jurisdictional Status Reports An opportunity for the Board members to report on actions taken within their jurisdictions to further the park planning process. 7. Communications 8. Closed session pursuant to California Government Code Section 54957(b)(1) to evaluate the performance of Executive Director DISCUSSION/ACTION 9. Approval of Amended Executive Director Contract (Page 31) THE NEXT REGULAR JPA MEETING WILL BE May 18, 2018 If you have any questions, please call Kevin McKernan at (858) Ext. 15 ****Due to the high cost of printing and mailing the JPA and CAC agendas, the JPA has converted to an distribution of both agendas. Please advise the office at if you do not have an address and want other arrangements to be made. The agenda and minutes are available at no cost on the San Dieguito River Park web site at 2

3 SAN DIEGUITO RIVER PARK JOINT POWERS AUTHORITY Minutes of January 19, 2018 MEMBERS PRESENT Dave Grosch Chair Dwight Worden Olga Diaz Mark Kersey Dianne Jacob Judy Hegenauer Jeff Barnouw Dustin Fuller MEMBERS ABSENT Kristin Gaspar Vice-Chair Barbara Bry REPRESENTING City of Poway City of Del Mar City of Escondido City of San Diego County of San Diego City of Solana Beach Citizens Advisory Committee 22 nd District Agricultural Association REPRESENTING County of San Diego City of San Diego VISITORS/STAFF PRESENT Kevin McKernan Wayne Brechtel Shawna Anderson Brenda Miller Justin Carver David Vidal John Barone Bill Michalsky Jacqueline Winterer Dallas Pugh Adam Wilson Steve Hadley Alice Brown Trish Boaz San Dieguito River Park JPA JPA Counsel San Dieguito River Park JPA San Dieguito River Park JPA Councilman Kersey s staff San Dieguito River Park JPA City of San Diego Sierra Club Friends of the San Dieguito River Valley County of San Diego, Parks Dept. Supervisor Jacob s staff Councilmember By s staff San Dieguito Lagoon Committee San Dieguito River Valley Conservancy Introduction and Announcements Chair Grosch convened the meeting at 11:00 AM in the County Administration Building, 1600 Pacific Highway, Room 302/303, San Diego, CA Pledge of Allegiance Chair Grosch invited all to stand and recite the Pledge of Allegiance. 3

4 Minutes of January 19, 2018 Page 2 Approval of Minutes of September 15, 2017 Boardmember Barnouw made a motion to approve the minutes of September 15, Boardmember Worden seconded the motion. Two minor corrections were reported and will be corrected in the record. Yes votes: Grosch, Worden, Jacob, Barnouw, Hegenauer, Kersey Absent: Gaspar, Diaz, Bry Executive Directors Report Executive Director McKernan reported on a PowerPoint presentation that the JPA had no workers compensation claims in fiscal year Photos were shown of the Barnouw Bridge dedication and the property recently added to the Sycamore Preserve. Director McKernan reported the Operating and Coast Budget snapshots; cash balance amounts, list of current projects, endowment balances for 12/31/2017, and the quarterly recap by jurisdiction. Executive Director McKernan also showed the steps involved in creating the San Dieguito River Park JPA annual budget. There was a discussion of the return rates on the endowment accounts. The actual rates of return can be provided at a future board meeting. Public Comment- no public comment ACTION AGENDA 1. Discussion Regarding JPA Board Alternates Chair Grosch brought up the discussion of board alternates and asked for Board Members or alternates to attend all Board meetings. It was suggested that a survey be done of the members and alternates to determine a better meeting time convenient for the majority of members. The meeting time discussion will be placed on a future agenda. 2. Budget/Administration/Policy Committee Discussion (Chair Grosch Boardmember Worden) Chair Grosch recalled the July evaluation of Executive Director McKernan. Chair Grosch, Boardmember Worden and Director McKernan have met since then. Agenda items 4 and 5 were the result of the meetings. The JPA Board wants processes in place for the good of the JPA. The Budget/Administration/Policy Committee would like to review and compare salaries of JPA staff, be available to meet with Director McKernan in off months, and will reach out to the Conservancy. The Committee will also consider if the JPA should have a reserve policy. Boardmember Worden thanked Director McKernan for preparing the budget diagram stating that it was helpful in understanding the process. Director McKernan shared that the personnel budget is made in March and performance reviews are done later in the year with increases beginning July 1. 4

5 3. Election of JPA Board Officers, 2018 Minutes of January 19, 2018 Page 3 Chair Grosch reported that he had talked to Vice-Chair Gaspar about serving another year. Boardmember Worden said that having the chair and vice-chair serve for two years may help with continuity between the JPA Board and JPA staff. The topic of changing chair and vice-chair positions to two years will be added to the next agenda. Boardmember Worden made the motion to appoint Dave Grosch for chair of the JPA and Kristin Gaspar as vice-chair for the next year. Boardmember Jacob seconded the motion. Yes votes: Grosch, Worden, Jacob, Barnouw, Diaz, Hegenauer, Kersey Absent: Gaspar, Bry Boardmember Jacob made the motion that the Budget/Administration/Policy Committee members will be Chair Grosch, Boardmembers Diaz, Gaspar, and Worden. Boardmember Diaz seconded the motion. Yes votes: Grosch, Worden, Jacob, Barnouw, Diaz, Hegenauer, Kersey Absent: Gaspar, Bry 4. Review Draft Policy No. P18-01 Annual Personnel Budget Process Executive Director McKernan introduced the item and asked the Board Members to review this original draft. Boardmember Diaz asked if there was a formal process in place for employee wage comparison. Director McKernan asked to see the process that the City of Escondido uses for wage comparisons. 5. Review Draft Policy No. P18-02 Evaluation of the Executive Director Boardmember Jacob moved to adopt P18-01 and P Boardmember Worden seconded the motion. Yes votes: Grosch, Worden, Jacob, Barnouw, Diaz, Hegenauer, Kersey Absent: Gaspar, Bry 6. Resolution Approving the Application for Land and Water Conservation Fund Project Principal Planner Shawna Anderson introduced the request to apply for a Land and Water Conservation Fund grant for Park Maintenance Facility project at the Coast. The application is due February 5 and approval of CEQA Compliance Memo is necessary to file. The grant would pay 50% of the building cost and staff is asking for a $640,000 grant. The total project cost estimate is $1.1 - $1.2 million. The grant decision will be made in the Fall of this year and the grant will be approved retroactively. The JPA will be bidding phase one of the project soon with a cost estimate to build the infrastructure, garage, and work yard. Boardmember Worden made the motion to approve the resolution for Application for Land and Water Conservation Fund Project. Boardmember Barnouw seconded the motion. Yes votes: Grosch, Worden, Jacob, Barnouw, Diaz, Hegenauer, Kersey Absent: Gaspar, Bry 5

6 Minutes of January 19, 2018 Page 4 7. Board Approval to Endorse SB5 The California Drought, Water, Parks, Climate, Coastal Protection,and Outdoor Access For All Act of 2018 Director McKernan introduced the agenda item for board approval of SB5 that will be voted on June 18. It is the first Parks bond since 2002 and requests the board to endorse the bond. The Board Members discussed the issue and would like to speak with their departments. Principal Planner Anderson reported that the JPA has benefited from this bond in the past, as it is being used to build the Pamo Valley Trail. The topic will be continued to the next meeting. INFORMATION 7. Project Status Updates a. Founders Tribute Principal Planner Anderson said that good progress is being made. An extension of the grant was received from the County. All filming has been completed and the artwork is in fabrication. b. Pamo Valley Trail Principal Planner Shawna Anderson reported that trail building of the Pamo Valley Trail is going well. c. Coastal Ranger Station Principal Planner Anderson stated that the status of the Coastal Ranger Station was discussed under agenda item 6. d. Surf Cup and Fairbanks Ranch Trail Segment Director McKernan reported that Surf Cup has surveyed the trail and brought on a consultant to help them secure permits and construct the trail. JPA staff is staying in contact with the Surf Cup representative. Director McKernan continued to report on the Fairbanks Ranch Country Club segment on the other side of the San Dieguito River. An easement on private property was received last year, however there is a gap on the City property. The Coast to Crest trail could be precluded at this location. The County property is at Morgan Run Golf Course and JPA staff is pursuing an option here as well. JPA staff has been working with the City of San Diego staff, John Barone and Steve Hadley both in attendance today, to eventually connect this section of the trail. 6

7 Minutes of January 19, 2018 Page 5 8. Coordination Reports a. San Dieguito River Valley Conservancy no report b. Friends of the San Dieguito River Valley - Jacqueline Winterer asked for clarification on agenda item #6. Director McKernan stated that the JPA has enough money at this time to build phase one of the Coastal Ranger Station and the grant request for $640,000 would pay for phase two. The total project cost estimate is $1.2 million. c. Volcan Mountain Preserve Foundation- no report d. San Dieguito Lagoon Committee- Alice Brown reported that the committee met and discussed continuing the trail to the beach for all users and she announced that the annual Lagoon Day will be held April 21. e. Friends of Sikes Adobe- Director McKernan announced that reservations are being accepted for the annual Valentine s Tea and that a volunteer training event will be held March 31. Director McKernan also reported that as of Dec. 31, almost 3000 hours volunteer time had been recorded for Jurisdictional Status Reports Boardmember Fuller reported that phase 2 of the restoration project is being done with amending the soil and planting. Boardmember Barnouw reported that the CAC discussed the San Diego Mountain Biking gravity loop proposal on Forest service land in Pamo Valley and stated the biggest concern is parking. Boardmember Worden reported that the City of Del Mar has pioneered the study of sea level rise and will study the impact on habitat in the San Dieguito Lagoon and trails. 10. Communications Chair Grosch announced the next meeting will be held in March. Boardmember Jacob requested that a presentation from County Parks re: Santa Ysabel Nature Center be added to a future agenda. Chair Grosch adjourned the meeting at 12:13 pm These minutes approved by Board Action Date Executive Director 7

8 Agenda Item 1 April 20, 2018 DATE: April 20, 2018 TO: FROM: SUBJECT: JPA Board of Directors Staff Proposed FY18/19 Budget BACKGROUND: The Budget Subcommittee of the Board met in February with staff to formulate the FY18/19 budget, review staff wages and conduct a preliminary annual evaluation of the Executive Director. The Subcommittee reviewed and endorses the attached proposed budget for FY18/19. Notable changes from the previous year s budget include an increased pool of funds for merit based wage increases averaging 3%, an increased level of retirement contribution per the County s rates and a decrease in some sources of non-member agency revenue. Also, due to the increases in retirement contribution rates, merit increases for staff and limits on the JPA to request year-to-year increases above 5%, there will be one less ranger position filled in FY18/19 unless other funding sources are identified throughout the year. The result is a proposed budget with an overall increase of 2.88% and a member agency contribution increase of 4.3%. The member agency increase is slightly higher than the overall budget increase due to the decrease in some non-member agency revenue sources. The proposed budget is expected to keep the JPA operating at current capacity in FY18/19 and complies with the terms of JEPA. RECOMMENDATION: Board approval of the FY18/19 budget Respectfully submitted, Kevin McKernan Executive Director Attachments: 1) FY18/19 Proposed Budget Page 1 of 1 8

9 Agenda Item 1 April 20, 2018 FISCAL YEAR BUDGET PROPOSED PRESENTED TO THE BOARD OF DIRECTORS APRIL 20, 2018 ATTACHMENT 1 9

10 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Budget Summary All Funds Operating Budget Revenues FY17/18 FY18/19 Coast/SCE (2018) $ 268,368 $ 288,752 General Operating Income (Proposed) $ 1,165,006 $ 1,198,527 Total $ 1,433,374 $ 1,487,279 Expenditures Coast/SCE (2018) $ 268,368 $ 288,752 General Operating Fund (Proposed) $ 1,165,006 $ 1,198,527 Total $ 1,433,374 $ 1,487,279 Revenues/Expenditures $ - $ - Capital Projects Project Estimated Cost Committed Funding (In-hand or Reimbursable) Pamo Valley Trail Segment of CTCT $350,000 $350,000 Coast Ranger Station $500,000 Phase I $600,000 Phase II (Reimbursable) $400,000 (Phase I In-hand) Pending Funding None SCE $600,000 (Pending Grant Phase II) Notes State Grant and Conservancy Match Private Sources In-Hand (Phase I) Pending Grant(s) (Phase II) Operating and Capital Reserves Fund Amount Source Anticipated Need Notes Operating $256,739 RSF Foundation Non- None Reserve Endowment Fund Capital Reserve $41,630 SDRP Capital Reserve Account Vehicles/Equipment/Fac. 1 vehicle or equipment replacement TBD Page 1 of 16 10

11 General Operating Budget SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED REVENUES Habitat Management Plan Income Approved as Amended Approved Proposed FY16/17 FY FY 18/19 CalTrans Bernardo Mountain Endowment (RSFF) 10,527 10, HOA Fees- Golem Property (Paid monthly by HOA) 26,000 26, Esco Endowment 2,681 2,681 Santa Maria Ck/Fenton Ranch Endow 16,587 16,587 Maderas Westridge (Navy Mit.) 2,648 2,648 Ramona Grasslands 2,161 2,161 Other HMP Interest Earned 9,634 11,482 General Habitat Mgt. Fund (RSFF) SDRVC Bernardo Mtn Endowment (RSFF) 18,695 18, Subtotal HMP Income 88,933 90,039 90,500 Sandag W19 Reimbursement 30,000 30, Sikes Adobe Historic Farmhouse Events 5,440 5, nd Ag. Offtrack Betting Revenue 10,000 10, nd Ag. Consent Decree Revenue 20,000 20,000 Donations Transferred from SDRVC 3,000 3, SDRP San Diego Foundation Endowment 20, Trail Events 6000 Donations Taxable Sales (T shirts, videos, books) Subtotal- Non Member Agency Contribution Revenues 157, , ,000 Page 2 of 16 11

12 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED FY15/16 carryover 39,997 Approved as Amended Approved Proposed FY16/17 FY FY 18/19 Member Agency Contributions 959, ,027 1,028,527 Total General Operating Fund Revenues 1,157,779 1,165,006 1,198,527 EXPENDITURES Salaries and Benefits Permanent Wages 545, , Retirement- CERS Tier C (26.91% Pre 17'rate) Retirement- CERS Tier A and B (33.05% Pre 17' rate) Combined - CERS Tiers Pre-17' rates 180, ,518 Combined - CERS Tiers +OPEB (41%/35% 17'-19' rates) Other Post Retirement Benefits (OPEB 1.78%)incl in CERS 10,192 10,192 Pension Obligation Bond Repayment (6.8%) 38,168 38, OASDI and Medicare ( %= 7.65%) 42,146 42, Employee Group Life Ins., Disab Insur. 1,017 1, Worker's Compensation Insurance 23,500 23, Flex Credit (Café Health Plan)*** 85, , Unemployment Insurance Benefit sub-total 381, , ,574 Coast Budget Benefit offset*** (32,749) (27,345) Coast Budget Wages/Benefits/Admin. Offset (177,460) Wages and Benefits Sub-Total Page 3 of 16 12

13 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Approved as Amended Approved Proposed FY16/17 FY FY 18/19 Habitat Management Plan Services, Supplies and Materials Materials 6,500 6, Consultants 9,250 9, Lagoon Mitigation Sites- planting, watering, monitoring 5,000 5, Subtotal- Habitat Land Management 20,750 20,750 20,750 Trails and Land Management (TLM) Open Space/Trails Management Materials 10,000 10,000 Open Space/Trails Management Work Crews 6,800 6,800 Open Space/Trails Management Operations 3,675 3,675 Open Space/Trails Mgt Fire Breaks 5,200 5, Property Acquisition Payment ($21, $5,000 donation) Tractor/Trailer Repair and Maintenance 3,700 3, Trailhead Portapotties (2 regular, 2 ADA) 12,000 12, Subtotal- TLM 41,375 41,375 60,576 Small Projects Solar Automatic Gates Repair 3,500 3, Subtotal- Small Projects 3,500 3,500 4,000 Office and Administration Services, Supplies, and Materials Telephone/Cell/Fax/Satellite Service 8,600 10, Insurance- General and Property Liability, Auto 17,000 18, Insurance- Medical/Liability for Volunteers Vehicles- Fuel 10,500 10,500 11,500 Page 4 of 16 13

14 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Approved as Amended Approved Proposed FY16/17 FY FY 18/19 Vehicles- Maintenance, Tires, Repair 8,500 8, Office Operation and Maintenance 9,100 8, fire sprinkler monitoring $ Headquarters repair/maintenance 10,000 0 Coast water quality treatment pond maintenance 7,000 Storm damage repairs 10,000 Uniform Allowance 1,440 1, Mileage reimbursement 5000 Lake Hodges Bike/Ped Bridge Lease (to SD) 3,415 3, Dept of Health Permit/ Lake Hodges Bridge Sikes Adobe 26,425 18, (Grounds/House Upkeep, termite Operations/Utilities, Programming) Equipment Service Contract- phone system Memberships Miscellaneous- Petty Cash Expenditures Office Supplies 3,500 3, Postage Printing- Stationary/Maps 1,000 1, Professional Services 51,377 40,500 40,500 Attorney- $20,000 Auditor- $11,500 (previously $8,553 in 16/17) County- Treasury Services- $4,500 Page 5 of 16 14

15 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Computer- Website Services- $1,500 Graphic Consultant $3,000 Approved as Amended Approved Proposed FY16/17 FY FY 18/19 Maps, Photos Legal Notices Education/Volunteer Programming 15,800 12, Interpretive Panel Replacement Water/Ice/Refreshments Annual Volunteer Recognition Event Scout Plaques/Volunteer Awards Other Events- EarthDay Docent Training/Volunteer Patrol Training Intern Stipends/Outreach/Scholarships Educational Programming- Inland Kiosk Displays Background Scans Book, Publications, Subscriptions Replacement Computer Equipment 1,500 1, Training (Seminars, Trails Conf., Herbicide App. Lic.) 3,000 3, Utilities (at undercrossing) Computer Software (Quickbooks, Distribution Service Subtotal- Office Services, Supplies, and Materials 177, , ,945 Other Charges Lease/purchase copier equipment 4,500 5, Amortization Reserve (for truck/equipment replacement) 16, Subtotal- Other Charges 20,500 13,700 13,700 Page 6 of 16 15

16 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Approved as Amended Approved Proposed FY16/17 FY FY 18/19 Total General Operating Fund Expenditures 1,157,779 1,165,006 1,198,527 Amount increase/decrease from previous year 7,227 33,521 Member Agency Contributions Updated Approved Approved Proposed Proposed Formula FY15-16 FY16-17 FY17/18 FY18/19 Difference 2015 JEPA Total Member Contributions $921,810 $959,909 $986,027 $1,028,527 Del Mar 0.06 $55,309 $57,595 $59,162 $61,712 $2,550 Solana Beach 0.07 $64,527 $67,194 $69,022 $71,997 $2,975 Poway 0.10 $92,181 $95,991 $98,603 $102,853 $4,250 Escondido 0.13 $119,835 $124,788 $128,184 $133,709 $5,525 County of San Diego 0.32 $294,979 $307,171 $315,529 $329,129 $13,600 San Diego 0.32 $294,979 $307,171 $315,529 $329,129 $13,600 Total 1.00 $921,810 $959,909 $986,027 $1,028,527 $42,500 $42, % Page 7 of 16 16

17 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Member Agency Contribution Formula JEPA Exhibit D Public Agency Contribution Formula for Fiscal Year The FY Public Agency Contribution Formula is based upon the following calculations, using the most recent U.S. Census data as of 2010, and current jurisdictional acreage within the JPA jurisdiction: Public Agency Population Population Weighted Percentage 1 Jurisdictional Acreage Jurisdictional Acreage Weighted Percentage 2 Total (Population% + Acreage%) Public Agency Contribution 3 Del Mar 4,660 5% % 7% 6% Solana Beach 12,867 8% 0 0% 8% 7% Poway 47,811 8% % 12% 10% Escondido 147,514 11% % 15% 13% Unincorporated County 503,320 32% 55, % 36% 32% San Diego 1,376,173 32% 16, % 36% 32% 1 Population Weighted Percentage 114% 100% 0-10,000 = 5% 10,001-50,000 = 8% 50, ,000 = 11% 250, ,000 = 22% 500,001 and above = 32% 2 Jurisdictional Acreage Weighted Percentage 0 = 0% = 2% Above 500 = 4% 3 Rounded and Normalized Except when required by the Public Agency Contribution Formula, beginning in the Fiscal Year 2017 Budget, Public Agency Contribution increases will not exceed 5% of the prior year s required contribution. This does not preclude any Public Agency from contributing funds in addition to the required contribution. Page 8 of 16 17

18 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Staffing Schedule TITLE AND POSITIONS FY 15/16 FY 16/17 FY 17/18 FY 18/19 Staff Positions Years Positions FTE Positions FTE Positions FTE Executive Director Management Analyst Principal Planner Trails and Resources Manager Manager of Interp and Outreach Senior Ranger Interpretive Ranger Ranger II Ranger I * 3 3 Museum Mgr/Interp Spec Secretary/Office Manager Total * * Previous year reported in error Page 9 of 16 18

19 SAN DIEGUITO RIVER PARK FISCAL YEAR BUDGET PROPOSED Approved Coast/SCE Budget CY 2018 Wages and Benefits $ 151,210 Operations $ 111,292 Administration $ 26,250 Total $ 288,752 Page 10 of 16 19

20 Agenda Item 2 April 20, 2018 DATE: April 20, 2018 TO: FROM: SUBJECT: JPA Board of Directors Staff Policy P18-03 Procurement BACKGROUND: The JPA has historically followed the County s rules pertaining to procurement of goods and services. However, these rules are broad and do not necessarily give specific guidance at the Department level and more specifically to outside special districts or JPAs. A more specific policy regarding procurement has not been established for the JPA to date. During the last independent audit, auditors recommended that the JPA develop its own, more specific, procurement policy in-house for staff and Board to follow. This is common among other special districts and JPAs as well. JPA Counsel researched similar policies from other special districts and consulted with County Counsel in the development of the attached policy. The attached policy is compliant with County and State regulations governing public agency procurement of goods and services. RECOMMENDATION: Board approval Policy P18-03 Procurement Alternative; Board to make recommendations for changes to policy and request consideration at the next meeting Respectfully submitted, Kevin McKernan Executive Director Attachments: 1) Policy P18-03 Procurement Page 1 of 1 20

21 Agenda Item 2 April 20, 2018 SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY 1. Purpose PROCUREMENT POLICY The purpose of this Policy is to establish the requirements and procedures for the procurement of all goods and services required by the San Dieguito River Valley Regional Open Space Park Joint Powers Authority (JPA). To the extent not covered by this Policy, state laws governing procurement and contracting by the County of San Diego shall apply to the JPA. 2. Policy It is the Policy of the JPA that: 2.1. JPA shall procure required goods and services commensurate with acceptable quality at the lowest possible cost Appropriate internal financial controls shall be exercised over all procurements No procurement shall be authorized unless sufficient funds have been appropriated pursuant to JPA s budgetary processes The Executive Director shall implement this Policy and to ensure that the procurement of all goods and services are properly documented and conform to this Policy The Executive Director may, at his/her discretion, delegate duties under this Policy The Board of Directors may, at its sole discretion, waive all or any part of this Policy, unless such waiver is prohibited by State or Federal Law. 3. Duties and Definitions 3.1 Purchasing Agent: For purposes of the California Public Contract Code (Public Contract Code), the Executive Director is the designated Purchasing Agent for the JPA. 3.2 Managers: For the purposes of this Policy, the following JPA Staff have a high level of accountability for purchasing oversight and project level or line item budget tracking): Office Manager Principal Planner Resources and Trails Manager Senior Ranger/Trails Manager Manager of Interpretation and Outreach 1 21 ATTACHMENT 1

22 3.3 Professional Services: For purposes of this Policy, Professional Services are services that are specialized in nature and do not include the physical construction or maintenance of JPA buildings and structures or the physical installation and maintenance of JPA equipment. Services in this category include engineering, design, architectural services, biological and environmental consultants, public information services, financial services, strategic planning services and legal services. Other similar services would also be part of this category. 3.4 Staff: All employees and contract labor supervised by Managers or the Executive Director are accountable for purchases within their authority level and for adhering to proper approvals as outlined in this Policy. 4. Open Market Procurement of Materials, Supplies, Equipment ($5,000 or less) and Professional Services ($25,000 or less). The Executive Director is authorized to purchase materials, supplies and equipment up to an amount for each purchase that does not exceed $5, and contract for Professional Services up to an amount that does not exceed $25,000.00, without a competitive bid process. Such purchases shall comply with the terms of this Policy, and the Executive Director shall make reasonable efforts to secure goods of suitable quality or, in the case of services, the best qualified consultant, at the lowest possible cost and shall document such procurements as appropriate. 5. Informal Procurement of Materials, Supplies and Equipment ($5,001 to $50,000) Materials, supplies and equipment up to an amount for each purchase that that is greater than $5, and less than $50, shall be procured through an informal, competitive bid process which shall include, as a minimum: 5.1 Specifications: An appropriately detailed request for quote with specification of the items to be procured, considering the value, availability and technical complexity of the items to be procured ( Request for Quote ). 5.2 Request for Quote Distribution and Evaluation: Unless impracticable, JPA shall distribute the Request for Quote to at least three (3) suppliers and evaluate the responses received to determine the lowest responsive and responsible quote that meets or exceeds the Request for Quote specifications. 5.3 Quote Documentation: The JPA shall document the quotes received and the results of the evaluation. If less than three (3) quotes were received and evaluated, a brief explanatory statement will be provided. 5.4 Award: The Executive Director shall award the procurement to the lowest responsive and responsible bidder if the total dollar cost of the procurement is $25,000 or less. If the total dollar cost of the procurement is $25, or more, the purchase must be approved by the Board of Directors. 5.5 Delegation of Authority to Award: The Executive Director may delegate his or her authority to award procurements by administrative procedure specifically identifying such delegates and the dollar limit of each delegate s authority. 2 22

23 5.6 Documentation of Award. The Executive Director shall establish a contract file that contains the Request for Quote documentation per Sections 5.1 through 5.5 of this Policy, signed contract and any additional documents prescribed by administrative procedure. Nothing in this Policy shall prohibit staff from utilizing a formal bid process if deemed to be in the best interest of the JPA. 6. Informal Procurement of Professional Services ($25, to $50,000): Professional Services at a cost for each contract that is greater than $25, and less than $50, may be procured through an informal, competitive bid process which shall include, as a minimum: 6.1 Request for Proposal (RFP). The RFP shall include an appropriately detailed Scope of Work considering the value availability and technical complexity of the services to be procured, 6.2 RFP Distribution and Evaluation. Whenever possible, dependent on the services required, JPA shall distribute the RFP to three or more candidates and obtain and evaluate at least three (3) proposals. If less than three (3) proposals were evaluated, a brief explanatory statement shall be included in the file for the matter. The Executive Director will determine the best qualified proposer based on professional competency and their ability to satisfy the Scope of Work. 6.3 Negotiations. The Executive Director shall negotiate with the best qualified proposer. If the Executive Director is unable to successfully complete such negotiations, the Executive Director shall negotiate with the remaining proposers, in the order that their proposals are most beneficial to JPA, until negotiations are successfully completed. 6.4 Coordination, Review and Approval. The Executive Director will assign staff and, if necessary, JPA Counsel to generate a contract or related documents. All informal procurements for services will require a written contract. 6.5 Award. The Executive Director shall recommend that the Board of Directors award the contract to the best qualified firm with whom JPA successfully completed negotiations. The Board shall award procurements of services with a total dollar cost from $25, to $50, Documentation of Award. The Executive Director shall establish a contract file that contains the RFP documentation per Sections 6.1 through 6.5 of this Policy, signed contract and any additional documents prescribed by administrative procedure. Nothing in this Policy shall prohibit staff from utilizing a formal bid process if deemed to be in the best interest of the JPA. 7. Formal Procurement of Materials, Supplies and Equipment ($50, and over) 3 23

24 Formal Procurement of Materials, Supplies and Equipment shall comply with the Informal Procurement requirements of this Policy, and in addition, include a formal bid process that meets the following standards: 7.1. Formal Bid Process and Request for Sealed Bids (RFB). In addition to the requirements for Informal Procurements, the formal procurement process shall include a formal bid process and request for Sealed Bids Public Notice. Public Notice Inviting Bids for a RFB must be published in a newspaper of general circulation at least ten (10) days prior to the bid opening date Bid Opening. All sealed bids are opened in public and apparent low bidder is identified at the bid opening Bid Evaluation. After the bid opening, all bids will be evaluated to ensure compliance with the bid specifications and for acceptable quality to determine the lowest responsive and responsible bidder. All bids and bid information shall be public unless otherwise specified in the bid specifications Award. All sealed bid procurements shall be awarded to the lowest responsive and responsible bidder who meets or exceeds the specifications of the RFB All formal procurements must be approved by the Board of Directors. 8. Formal Procurement of Professional Services ($50, and over) Formal Procurement of Professional Services shall comply with the Informal Procurement requirements of this Policy, and in addition, include a formal bid process that meets the following standards: 8.1. Formal Request for Proposals (RFP) and Request for Qualifications (RFQ). The Executive Director shall prepare an RFP and/or RFQ for the required services RFP. An RFP may be used alone or in conjunction with an RFQ and shall include: A detailed Scope of Work itemizing the services required, Proposed schedule, Preliminarily criteria upon which proposals shall be evaluated, 8.3. RFQ. RFQs may be used alone or in conjunction with an RFP. RFQs shall request submission of a Statement of Qualification (SOQ) to establish the professional competency and capability of each firm to perform and satisfy the project s Scope of Work. Once Statements of Qualifications (SOQ) are received from interested firms, the Executive Director, or a panel of evaluators selected by the Executive Director, will determine which firms, in his or her opinion, are best qualified to meet the Scope of Work identified in the RFQ. The Executive Director shall identify at least three (3) qualified firms, when feasible, and if applicable, evaluate their RFPs. If the RFQ did not include a request for RFPs, the Executive Director may request that the qualified firms submit proposals for evaluation Public Notice. Public notice of the RFP/RFQ must be published in a newspaper of general circulation at least ten (10) days prior to the proposal / Statement of Qualification (SOQ) due date. 4 24

25 8.5. Proposal Evaluation. Pursuant to the criteria established for that RFP and any additional criteria necessary and appropriate to advance the best interests of the JPA, the Executive Director, or a panel of evaluators selected by the Executive Director, shall review each proposal and may interview each firm to determine an ordinal ranking of the proposing firms. The ranking will be primarily based on the professional competency of the firms Negotiation. The Executive Director shall enter into negotiations with the top ranked firm to establish the contract price and fees. If a fair price cannot be reached with the top ranked firm, then that firm shall be eliminated from consideration and negotiations shall be initiated with the next highest ranked firm Award. All formal procurements for services must be approved by the Board of Directors. 9. Alteration and Repair Work on JPA Owned Buildings and Improvements. 9.1 The Executive Director is authorized to enter into contracts for the alteration or repair of JPA owned buildings and improvements up to an amount for each contract that does not exceed a combined total of $25, for materials and labor, without a competitive bid process. 9.2 The Board of Directors may approve Contracts for the alteration or repair of JPA owned buildings and improvements that have a combined amount that is greater than $25, and does not exceed $50, The JPA shall make reasonable efforts to secure goods of suitable quality or, in the case of services, the best qualified contractor, at the lowest possible cost and shall document such procurements as appropriate. 9.4 Contracts for alteration or repair of JPA owned buildings and improvements that exceed $50, shall comply with the bidding and contract requirements set forth in California Public Contract Code and be approved by the Board of Directors. 10. New Public Works 10.1 The Executive Director is authorized to enter into contracts for new public works, as defined by the California Public Contract Code, up to an amount for each project that does not exceed $3, for materials and $6, for labor without a competitive bid process. The Executive Director shall make reasonable efforts to secure materials and services from the best qualified contractors, at the lowest possible cost and shall document such procurements as appropriate Contracts for new public works that exceed $3, for materials or $6, for labor shall comply with the bidding and contract requirements set forth in California Public Contract Code. Subject to compliance with the Public Contract Code, the Executive Director may approve contracts for new public works in an amount that does not exceed $25, All other new public works contracts must be approved by the Board of Directors. 5 25

26 11. Emergencies and Exceptions The following exceptions shall apply to the foregoing bidding procedures. When an exception applies, supplies, equipment and/or services may be purchased following whatever procedures are determined necessary under the circumstances as determined by the Executive Director, at his or her discretion Sole Source Procurement A. In certain instances, goods and services may be obtained from only one vendor due to unique circumstances. These circumstances include: The good or service is of such a unique, proprietary or technical nature that it is only manufactured or provided by a single vendor. The good or service must match or be compatible with other goods or service, currently in use by JPA, obtained from a certain vendor. In this instance, it must be demonstrated that the matching or compatible good or service can only be supplied by this same vendor. When the procurement is for services from a provider with unique knowledge, skill, or ability not available from other sources. B. All sole source purchases for goods over $5,000 and sole source procurements for services over $25,000 require a written explanation justifying the sole source procurement under this Policy. C. Sole source procurements shall comply with all award threshold requirements set forth in this Policy No Competitive Advantage Competitive bidding can be waived if the Executive Director, for work within his or her authority, or Board of Directors, for all other work, make written findings that bidding would not be in the public interest and that no competitive advantage would be gained by soliciting bids. Examples of work that could qualify, include, but are not limited to, work performed by non-profit organizations, such as the California Conservation Corps, potential loss of funding due to delays resulting from the bidding process or legal or contractual requirements that limit use of specified funds. Findings must describe the benefits of the proposed contract and why no competitive advantage would be gained by soliciting bids Emergency If an emergency arises and there is insufficient time to comply with the otherwise applicable procurement procedures, an exception shall apply. An emergency may be determined by the Executive Director if there is no time for a Board meeting; otherwise a finding of emergency shall be made by the Board. If the Executive Director determines an emergency existed and the procurement exceeded his or her approval authority as established in this Policy, the actions taken shall be reported to the Board of Directors at its next regular meeting. 6 26

27 12. Additional Options and Limitations 12.1 Rejection of Bids/Proposals. The Executive Director or Board of Directors, at their discretion, may reject any and all bids or proposals / SOQs and proceed pursuant to this Policy Continuing Services. Where a vendor or firm has satisfactorily completed one phase in the development of a project and the Executive Director, or as may be required by this Policy, the Board of Directors, determines that it is in the best interest to retain this vendor or firm for a subsequent phase of work, the Executive Director, or his designee, shall be authorized to proceed directly with the negotiations for compensation with this entity. If required by this Policy, the Board of Directors shall approve the resulting contract or amendment. In the event that a fair price cannot be reached, then the appropriate procurement requirements set forth in this Policy shall apply Governing Law. Nothing in this Policy is intended nor shall be deemed to supersede any applicable State or Federal laws. 7 27

28 Agenda Item 3 April 20, 2018 DATE: April 20, 2018 TO: FROM: SUBJECT: JPA Board of Directors Staff Citizens Advisory Committee membership requests BACKGROUND: The San Diego Mountain Biking Association and Walkabout International have requested to reinstate their membership status on the Citizens Advisory Committee (CAC). Both organizations, at one time, were members of the CAC, however their membership lapsed due to lack of participation per the CAC bylaws. At the CAC meeting on April 6, 2018, members voted unanimously to recommend both groups rejoin the Advisory Committee. Per the CAC bylaws, new or reinstated member organizations are required to have JPA Board of Directors approval for membership. RECOMMENDATION: Board approval of San Diego Mountain Biking Association and Walkabout International becoming members of the Citizens Advisory Committee Respectfully submitted, Kevin McKernan Executive Director Attachments: 1) Request letter from San Diego Mountain Biking Association 2) Request letter from Walkabout International Page 1 of 1 28

29 Agenda Item 3 April 20, 2018 ATTACHMENT 1 29

30 Agenda Item 3 April 20, 2018 ATTACHMENT 2 30

31 DATE: April 20, 2018 Agenda Item 9 April 20, 2018 TO: FROM: SUBJECT: JPA Board of Directors Staff Executive Director employment contract amendment BACKGROUND: The Budget Subcommittee of the Board met in February with the Executive Director to conduct a preliminary annual evaluation. The Subcommittee reviewed and endorses the attached amended employment contract for the Executive Director. Notable changes from the previous contract are a salary increase. The Executive Director s salary has not changed since being hired three years ago. Also, there is clarification in the expense reimbursement section with a specific flat rate for mileage, a correction from the original contract reflecting the retirement tier since the ED had reciprocal retirement benefits from previous state employment and an increase in severance period from three months to 120 days. Attached is a redline version of the proposed changes from the original contract and a proposed clean version of the new contract. JPA counsel drafted the proposed new contract in consultation with the Budget subcommittee and the Executive Director. RECOMMENDATION: Board approval of the amended Executive Director employment contract Respectfully submitted, Kevin McKernan Executive Director Attachments: 1) Redline version of original Executive Director employment contract with changes 2) Clean version of proposed amended Executive Director employment contract Page 1 of 1 31

32 Agenda Item 9 April 20, 2018 SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY FIRST AMENDED EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT THISTHIS FIRST AMENDED EXECUTIVE DIRECTOR EMPLOYMENT AGREEMENT (herein Agreement ) is made this day of June, 2015July, 2018, (the Effective Date ) by and between the SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY ( JPA ), a governmental entity as employer, and Kevin McKernan (herein McKernan ), an individual as employee. This Agreement supersedes the previous contract between the JPA and McKernan dated June 29, 2015 ( Original Employment Agreement ). I RECITALS A. JPA is a governmental entity existing pursuant to California law and the Joint Exercise of Powers Agreement, as amended ( JEPA Agreement ), executed by the member agencies, having the powers and duties therein specified and generally responsible for planning and promoting a regional open space park in the San Dieguito valley; and B. The McKernan was hired as the JPA s Executive Director in June 2015 and continues in that position is currently vacant; and C. The JPA desiresand McKernan mutually desire to hire Kevin McKernan as itscontinue McKernan s tenure as Executive Director and to manage the operations of the JPAmake certain clarifications and modifications to his Original Employment Agreement, NOW, THEREFORE, the parties agree as follows: A. Employment. II EMPLOYMENT AS EXECUTIVE DIRECTOR Effective June 29, 2015, McKernan is hired to beshall continue as the JPA s Executive Director pursuant to the terms and conditions of this Agreement. Page 1 of 9 First Amended Executive Director Employment Agreement 32 ATTACHMENT 1

33 B. Term and Hours. McKernan shall work on a full-time salaried basis as an exempt executive level employee and accept full responsibility for management of the JPA as its Executive Director. C. Salary. McKernan s salary shall be Ten Thousand Dollars ($10,000.00) per month. McKernan s current salary is Ten Thousand Dollars ($10,000.00) per month. Effective July 1, 2018, McKernan s salary will be adjusted to $125,000/year. Compensation in the future shall be determined by the JPA Board based upon individual merit, funding availability, JPA rules and policies, and any other factors deemed appropriate by the San Dieguito River Valley Regional Open Space Park Joint Powers Authority Board of Directors (JPA Board). D. Expense Reimbursement. JPA shall reimburse McKernan for reasonable and documented expenses for attendance at meetings, for official business related travel, and for other work related activities where expenses are incurred incident to the performance of McKernan s job and in conformance with JPA policies on budget and for expense reimbursement. Beginning July 1, 2018, McKernan will receive a lump-sum mileage reimbursement of $5,000/year, generally based upon work-related miles per year and the IRS reimbursement rate. The JPA Board may, but is not required to, adjust the level of mileage reimbursement for the Executive Director annually. E. Benefits. McKernan s payroll shall include standard deductions and payment of employer taxes (federal, state, FICA). In addition to said deductions, McKernan shall be entitled to benefits as follows: i. Health/life/dental benefit levels as provided to other management level employees; ii. Participation in the San Diego County Employee Retirement System Tier C (with the same benefits and employer and employee contribution rates as other newly hired general employees in Tier C);B; iii. Access to participation (at the employee s expense and discretion) in the County s Section 457 and Section 401(a) Deferred Compensation Program subject to the provisions and limits of the program; iv. Twenty (20) paid leave days per year accrued on a pro rata basis; v. Eleven (11) paid holidays year as recognized by the JPA and provided to employees accrued on a pro rata basis; and vi. Ten (10) paid sick leave days per year in accordance with the rules applicable to all other JPA employees. Page 2 of 9 First Amended Executive Director Employment Agreement 33

34 F. Duties. McKernan s duties and responsibilitiesthe Executive Director shall include, but not be limited to,administer the following: ii. i. Providing overall direction and oversight to the day to day operations affairs of the JPA; Supervision and management of all department heads, departments and employees 1, including sole authority, except as McKernan may delegate to staff, to hire and terminate JPA employees in accordance with applicable law and JPA policies, rules and regulations; the description of duties attached to this Agreement as Exhibit A. iii. iv. Assisting the JPA Board in community and public relations matters; Preparing, monitoring, managing, and overseeing the JPA budget and the JPA s revenues and expenses; v. Overseeing timely development and presentation to the JPA Board of a proposed budget for each fiscal year; vi. vii. viii. ix. Assuring that JPA s financial affairs are properly managed, accounted for, and audited, and that appropriate reports thereon are made to the JPA Board and to others as required by law; Attending all regular and special meetings of the JPA Board and of JPA Board subcommittees as requested, assuming overall responsibility for preparation and presentation of all agendas and staff reports; Representing the JPA Board and staff in contacts and communications with the public, member agencies, and other outside agencies and organizations; Such other and further activities as the JPA Board may from time to time direct; and x. Such other and further activities as McKernan determines necessary to competently and professionally carry out his job within the scope of Board adopted goals and policies. 1 Except for general counsel who reports directly to the JPA Board. Page 3 of 9 First Amended Executive Director Employment Agreement 34