HomeMy Public PortalAbout20050706 - Agenda Packet - Board of Directors (BOD) - 05-15 (2) Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-15
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:00 p.m.
Wednesday,July 6, 2005
330 Distel Circle, Los Altos, California
AGENDA*
6:00 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT—CLOSED SESSION
ADOPTION OF AGENDA—L. Hassett
BOARD BUSINESS
I Public Employment—Government Code Section 54957(b)(1)
Public Employee Performance Evaluation—Controller
2. Public Employment—Government Code Section 54957(b)(I
Public Employee Performance Evaluation—General Counsel
3. Public Employment—Government Code Section 54957(b)(1)
Public Employee Performance Evaluation—General Manager
8:00* ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED ASSISTANCE TO
PARTICIPATE IN THIS MATTERING, 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.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CONFIDENTIAL MEMORANDUM
To: President Hassett and Directors
From: Sue Schectman, General Counsel
Date: July 5, 2005
Re: Annual Evaluation—Wednesday, July 6, 2005
On Wednesday, the Board will be conducting its annual evaluation of its Board appointees. The
purpose of this memo is to give the Board information on last year's major projects for the Legal
subprogram and my compensation proposal for your review.
MAJOR PROJECTS j
LITIGATION AND REGULATORY PROCEEDINGS
• HALF MOON BAY COASTSIDE FOUNDATION V. MROSD
' x
This lawsuit challenged LAFCo's approval of the District's application for of p
its boundaries to the Coast. This lawsuit sought to overturn LAFCo's approval on the
following grounds: 1) LAFCo's failure to agree to reconsider its April 2004 approval
after reconsideration requests were filed and heard by LAFCo in June, 2004;
2) LAFCo's failure to provide public notice of the June 2004 annexation protest hearing
and process as required by statute; 3) failure to comply with the CEQA process; and,
4) failure to conduct the protest process and count and validate protests in the manner
required by law.
this litigation to suc
cessfully
n all haws of s
with outside counsel o a
I worked closely g Y
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defend this suit. The suit involved two requests for temporary restraining orders to halt
the protest process, evidentiary hearings, and extensive briefing. The District prevailed
in August 2004 and the plaintiffs were unable to obtain an injunction stopping the
annexation process. The litigation was dismissed.
• CITIZENS FOR RESPONSIBLE OPEN SPACE V. MROSD
Current litigation seeking to void LAFCo's approval was filed in November 2004 and is
pending. The current lawsuit is more narrowly focused on the sufficiency of the protest
hearing notice and the legality of the protest process.
I am working closely with outside counsel on the case. A motion to compel discovery is
pending. The administrative record is being prepared. Briefing will likely occur from
August to October with a hearing date in October.
i '
CONFIDENTIAL Page 2
Memorandum to President Hassett& Board of Directors
• MROSD V. PORTOLA INVESTMENT COMPANY
This quiet title action was filed to obtain fee title to Dennis Martin Road in Thornewood
OSP. The case was successfully concluded and a default judgment obtained in May
2005. The judgment has been entered and the case is concluded.
Duncan and I worked with outside counsel on the litigation; Duncan provided critical
historic title research.
• MROSD V. LANDI
This lawsuit sought damages for the restoration costs of an encroachment in Aldercroft
Creek at Bear Creek Redwoods OSP. The case was successfully settled, the site restored,
and the District recovered its costs.
• VANDEWEGHE V. MROSD
This lawsuit challenged the validity of a District access easement over property adjacent
to the Bishop-Krone area of El Sereno OSP. The title company accepted our tender of
defense and worked closely with staff and District counsel to prepare for and litigate the
case. The court ruled in the District's favor. An appeal is pending.
• FOGARTY V. MROSD
In this lawsuit Dr. Fogarty asserts a right to an access easement over Coal Creek OSP and
a right to upgrade the status of a pre-existing road on a conservation easement the District
holds over a portion of his property. The parties agreed to mediate the matter and
mediation briefs were prepared. Discovery has also been underway. The first mediation
session before Judge Stone was not successful and mediation in the matter has been
continued to July 12`" The District's title company is providing the defense to Dr.
Fogarty's complaint; the District is bearing the costs of the cross-complaint.
• SARATOGA COUNTRY CLUB V. MROSD
This lawsuit seeks to abate the District's Fremont Older OSP staging area as a nuisance
and as operating in violation of Santa Clara County's Zoning Ordinance. The District's
demurrer was granted in part and overruled in part. As a result, the plaintiffs have filed
an Amended Complaint and the District will need to demur again, as well as file a cross-
complaint due to the mandatory cross-complaint rule. Settlement discussions are
underway, as is discovery. Plaintiffs recently agreed to a sixty-day standstill while
settlement discussions proceed. Last week the parties met on site with a proposed
consultant to study the cost and feasibility of building a new lot on Club property. The
Club and District will share the cost of the consultant study. CJPIA is paying the major
portion of the litigation costs.
CONFIDENTIAL Page 3
Memorandum to President Hassett& Board of Directors
• NRDA PROCEEDINGS
The District's art in this matter was I hoe concluded when the Board approved the
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NRDA consent decree in December. All parties have not yet signed off, but there is no
indication the consent decree will not become final. TMDL proceedings are in our
future, but not active at the moment.
NOTE:
In addition to my principal duty as in-house counsel, I assist the Board and General
Manager in determining whether their legal issue or project is such that it requires the
expertise or resources of outside specialized counsel. If outside counsel is retained, I
approve the selection of counsel (except where insurance coverage gives the insurer the
sole right to select counsel), advise regarding the appropriate cost and service factors to
be anticipated, collaborate with outside counsel so that in-house resources can reduce
legal costs, monitor the nature and quality of services provided, and control costs of
outside counsel. I also work with the Departments to establish yearly budgets for these
services.
This year, outside legal costs have come in at or under budget and I have been successful
in obtaining insurance coverage to pay for legal costs in many cases. As a result, the
District's legal costs have been kept well controlled, given the amount of ongoing
litigation. I have also obtained pro Bono services for two complex Real Property projects,
so the District is obtaining a significant level of outside services while keeping
expenditures under control.
COASTSIDE PROTECTION PROGRAM
This task was successfully completed and was my major task for Fiscal Year 2004-2005.
This task included: drafting documents for the LAFCo administrative process and public
hearings held in connection with LAFCo's reconsideration hearing in June 2004; drafting
documents and assisting staff and others in every aspect of the protest hearing and protest
validation process throughout the summer of 2004; assisting in obtaining the Certificate
of Completion in September 2004; and assisting in all implementation steps that
followed. These steps included the District ward redistricting process, Ombudsperson
process, and advising Real Property and Planning on preparing for acquisition and
management projects on the Coast. I worked in collaboration with Planning and Real
Property to develop an Implementation Plan for coastal acquisitions to serve as guidance
and a template for acquisitions on the Coast to insure compliance with the Service Plan
and LAFCo requirements. This was part of the process used in preparing for the
District's first coast acquisition, the Forde property, which occurred in April 2005. This
Implementation Plan and the collaborative approach to the acquisition process and staff
report will serve as a valuable template for future acquisitions and management
agreements on the Coast, as it has done already for the Rapley Ranch and Miramontes
Ridge projects.
CONFIDENTIAL Page 4
Memorandum to President Hassett&Board of Directors
I also worked closely with Real Property in the summer and fall of 2004 to help secure
the Coastal Conservancy's $2 million grant for the Miramontes project, as this grant was
challenged by opponents of the Coastside expansion. This involved responding to
numerous Public Records Act requests and working closely with Real Property and
Conservancy staff to enable the Board to approve the Grant Agreement and secure these
funds so Miramontes Ridge could be purchased.
REAL PROPERTY
• Provided legal advice to the Real Property Department on major land acquisitions and
management agreements as reported in the Evaluation of the Action Plan for Fiscal Year
2004 -2005 received by the Board on June 1, 2005. This involved about 1,000 acres.
The key projects were the purchase of the Guadalupe Land Company, the exchange
agreement with the Sequoias at Windy Hill OSP, and continuing work on a potential fee
and easement exchange with Hanson Quarry adjacent to Rancho San Antonio OSP.
(Duncan has been the lead attorney on this project).
• 1 worked closely with Real Property this year on some coastal grant applications, in view
of the litigation and legal issues involved, including the Forde/Peery grant (Arroyo Leon)
and Connor(Rapley Ranch).
• I've also advised Real Property on various encroachment issues.
• Duncan was key in developing new communication leases at Pulgas Ridge OSP for
Metro PCS, and settling an encroachment and negotiation a new lease at Pulgas with
Cingular Wireless.
PLANNING
I
• My key project with Planning continued to be the Coastside Protection Program. In
addition, I worked with Planning on the Pulgas OSP staging area and trail project,
particularly the bidding and bid protest issues and petroleum issues.
• Duncan is working closely with Planning on the Navy's public process to develop a
remediation plan for Site 25 at Stevens Creek Nature Study Area.
OPERATIONS
• I assisted in the review and update of the Field Operations Manual.
• 1 assisted in development of a Mutual Aid Agreement between Operations and San Mateo
County Fire Department as a condition of implementing the Coastside Protection
Program.
ADMINISTRATION
• I provided legal advice concerning personnel and disciplinary matters and assisted in the
recent SEIU decertification process.
CONFIDENTIAL Page 5
Memorandum to President Hassett& Board of Directors
COMPENSATION PROPOSAL
My last performance review was in August 2004. 1 received the same 3 point salary adjustment
as other District employees. I also received a 5% meritorious pay award. My current salary is
$110,181.76 (4/5 time, based upon a full-time annual salary of$137,727.20).
COLA:
I would request the same 2.5% COLA the Board approved for District employees in April 2005.
I would also request this on a retroactive basis.
Market Salary Increase:
Johnson & Associates recently completed a compensation study for District job classifications,
excluding Board appointees. The Board approved market salary adjustments for certain
positions in April. For managers, although a 4% adjustment was recommended, in view of this
year's budget, the Board determined it was appropriate to award half the recommended
adjustment at this time.
The Administration and Budget Committee approved a similar review by Johnson& Associates
of the General Manager and General Counsel positions, a copy of which is attached. The results
show my position at 7.3% below median.
In view of the budget situation this year, I would request half the Johnson recommended
adjustment at this time, or approximately 3.53%. With a 2.5 point COLA increase, this would be
approximately a 6%total adjustment. This would increase my annual salary from $110,181.87
to $116,792.66 (4/5 time, based upon a full-time annual salary of$145,990.84).
Craig asked the Administration Department to prepare a chart showing Market Manager
Comparisons before and after the Board's April 1, 2005 salary adjustments. A copy of this chart
is also attached. This provides a variety of options to assess the market position of your Board
appointee's salary and what adjustments would mean in terms of market median.
Merit Pay:
My employment agreement provides for a merit pay award of up to 5% of salary based upon
performance. I would appreciate the Board considering a 5% merit award this year. The
projects listed in this Memorandum were complex, successfully completed, and often done under
budget. In addition to my regular key projects, the Board is aware that I devoted an unusual
amount of time outside of my regular working hours on the various aspects of the Coastside
Protection Program administrative, protest, and legal proceedings, which continued at a heavy
pace after LAFCo approval in April 2004, up to and including the beginning of actual
acquisitions this fiscal year.
This is a one-time lump sum award and will not increase my salary. Based on my current salary,
this award would be $5,509.09.
CONFIDENTIAL Page 6
Memorandum to President Hassett& Board of Directors
Severance Pay:
My employment agreement has never included a severance provision, as does the General
Manager's contract. I would request the same severance provision of six months. Severance
compensation is not required if a Board appointee is dismissed for cause.
Full Time Status:
In the past, I have discussed with the Board the issue of increasing my 4/5 position to full time at
some point. With my boys starting high school in the fall, and given the level of District
workload, I would appreciate discussing this option with the Board during my evaluation. I am
not proposing that the Board decide this issue or pick a start date at this time, but would
appreciate getting your feedback and discussing your feelings about this issue with you during
my evaluation. This may be some you prefer to address during your next budget process, or
it could be discussed sooner if this is your preference.
Attachments:
1. Johnson & Associates Salary Survey
2. Market Median Comparison Chart
J014NSOfN &\ASSOC I AJ LS
June 7, 2005
To: Jim Cimino, Human Resources Analyst
Midpeninsula Regional Opens Space District
From: Doug Johnson,President
Johnson&Associates
Subject: Results of General Manager and General Counsel Survey
As you know, Johnson & Associates recently completed a compensation study for District
classifications, excluding the General Manager and General Counsel. In a follow-up request,we
were asked to conduct a market survey for General Manager and General Counsel using the
same methodology used for the agency-wide compensation study. This memo presents the
results of that survey.
Recognizing the uniqueness of the District, and the difficulty in finding comparable jobs for
executive positions, Johnson & Associates used a labor market comprised of local cities,
counties, park districts,and other special districts. Careful consideration was given to the size of
the survey agencies and the resulting scope of duties assumed by comparable General Manager
and General Counsel positions. The results of the survey are documented in the attached survey
datasheets.
Consistent with the methodology used for the District-wide compensation study,we recommend
that the salary levels for the General Manager and General Counsel be established using the
labor market median as a reference point. This would place the General Manager at a base
salary Of $13,346 per month and the General Counsel at $$12,319 per month. This results in a
7.9%adjustment for the General Manager and a 7.3%adjustment for the General Counsel.
Should you have any question, or need any additional information, please let me know.
5"0 STANFORD RANCH ROAD, SUITE 421), ROCKLIN,CALIFORNIA 95765
vox(gif))630-1990 FAX (916)63o-i995 WWW,JUHNSON-A5SOC1A1'hS.001M
MIDPENNINSULA OSD
LABOR MARKET SALARY SURVEY
Statistics computed using control point/maximum
General Counsel
Agency Comparable Class Title Minimum C.P./Max
Santa Clara Valley WD District Counsel $ 16,105
City of Palo Alto City Attorney $ 14,917
City of Cupertino City Attorney $ 14,534
City of Redwood City City Attorney $ 13,519
City of San Mateo City Attorney $ 12,834
East Bay Regional Park District District Counsel $ 9,247 $ 11,804
Town of Los Gatos Town Attorney PERS Ad'. $ 11,764
Mid enninsu/a OSD General Counsel $ 11,477
City of Mountain View City Attorney $ 11,434
Marin County WD Legal Counsel $ 11,352
City of Menlo Park City Attorney $ 8,386
Santa Clara County Scope too large
City of San Jose Scope too large
San Mateo County Scope too large
Marin County Scope too large
City of Sunnyvale Scope too large
City of Santa Clara Scope too large
City of Los Altos Contracted Position
City of Saratoga Contracted Position
Contra Costa WD No Comparable Position
%Above/
Number of Observations 10 Market Below
Variability High Value Market
Labor Market Median 12319 -7.33%
40th Percentile 11788 -2.71%
60th Percentile 13108 -14,21%
75th Percentile 14280 -24.42%
Labor Market Mean 12665 1 -10.35%
Midpenninsula OSD Salary Percentile 24th Percentile
Footnotes
City of Santa Clara-Salary includes 7%PERS
East Bay Regional Park District-Merit Top Step$13,012
Santa Clara County-Scope too large;$17,812
City of Sunnyvale-Scope too large;$14,833
City of San Jose-Scope too large;$16,295
San Mateo County-Scope too large,$16264
Mann County-Scope too large;$14924
City of Santa Clara;Scope too large;$14,811
MIDPENNINSULA OSD
LABOR MARKET SALARY SURVEY
Statistics computed using control point/maximum
General Manager
Agency Comparable Class Title Minimum C.P./Max
Contra Costa WD General Manager $ 17,768
Santa Clara Valley WD CEO $ 17,328
City of Palo Alto City Manager $ 16,682
City of San Jose Director of Parks, Rec. & Neigh. Srvcs; $ 10,169 $ 15,449
City of Mountain View City Manager(PERS Adj.) $ 15,363
East Bay Regional Park District General Manager $ 10,348 $ 13,943
Town of Los Gatos Town Manager(PERS Adj.) $ 13,463
City of Los Altos City Manager $ 13,228
City of Menlo Park City Manager $ 12,639
Marin County WD General Manager $ 12,437
Midpenninsula OSD General Manager $ 12,372
San Mateo County Director of Parks and Recreation $ 9,591 $ 11,989
City of Saratoga General Manager $ 11,894
Marin County Director of Parks and Open Space $ 10,305 $ 11,449
Santa Clara County Director of Parks and Recreation $ 10,693
City of Santa Clara No Comparable Class
City of San Mateo No Comparable Class
City of Redwood City No Comparable Class
City of Sunnyvale No Comparable Class
City of Cupertino I No Comparable Class
%Above/
Number of Observations 14 Market Below
Variability High Value— Market
Labor Market Median 13346 -7.87%
40th Percentile 12757 -3.11%
60th Percentile 13847 -11.92%
75th Percentile 15428 -24.70%
Labor Market Mean 13880 -12.19%
Midperminsula OSD Salary Percentile 30th Percentile
Footnotes
City of Cupertino-City Manager-15854
City of Redwood City-CM-15079
City of San Mateo-CM 14513
City of Santa Clara-Salary includes 7%PERS.CM 13368
City of Sunnyvale-CM 12193
Marin County-County Administrator 17070
East Bay Regional Park District-$15,754 Merit Max
Manager Market Comparisons
Before and After April 1, 2005
Range Adjustments
Department Managers:
BEFORE Salary AFTER Salary Rng April 1, 2005 April 1, 2005
Rng Adjustments Adjustments Adjustments Adjustments
Percentile +/-Median Percentile +I-Median (Points) (Percent)
Admin/HR Mgr 36 -4.840 50 -0.08% 4.50 4.77%
Asst. GM 25 -13.430 27 -10,43% 2.50 2,70%
Ops Mgr 50 -0.330 56 +4.23% 4.50 4.77%
Planning Mgr 38 -6.440 48 -1.60% 4.50 (+4%Stipend) 4.77%
Pub Aff Mgr 49 -0.730 92 +12.98% 9.50 10.13%
Real Prop Mgr 32 -2.100 69 +2.54% 4.50 4.77%
General Mgr& General Counsel Options:
BEFORE Salary AFTER Salary Rng April 1, 2005 April 1, 2005
Rng Adjustments Adjustments Adjustments Adjustments
Percentile +/-Median Percentile +/-Median (Points) (Percent)
Option 1: Bring both positions to the market Median
General Mgr 30 -7.87% 50 0.00% 7.50 7.75%
General Counsel 24 -7.33% 50 0.00% 7.00 7.20%
Option la: Brinq both positions to market Median and provide 2.5pt COLA
General Mgr 30 -7.87% -57 +2.40% 10.00 10.47%
General Counsel 24 -7.33% -54 +2.40% 9.50 9.91%
Option 2: Provide both positions with 1/2 the amount needed to move to market Median
General Mgr 30 -7,87% -42 -3.77% 3.75 3.80%
General Counsel 24 -7.33% -42 -3.53% 3.50 3.54%
Option 2a: Provide positions with 1/2 the amount needed to move to market Median and provide 2.5pt COLA
General Mgr 30 -7.87% -46 -1.35% 6.25 6.42%
General Counsel 24 -7.33% -48 -110% 6.00 6.15%
REGIONAL OPEN SPACE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
MEMORANDUM
TO: Board of Directors
FROM: L. Craig Britton, General Manager
DATE: July 7, 2005
RE: Accomplishments for the 2004/2005 Evaluation Year
MAJOR PERSONAL AND DISTRICT ACCOMPLISHMENTS
PERSONAL ACCOMPLISHMENTS:
• 1 have worked with Ralph Heim (the District's Legislative Advocate -- Lobbyist)to preserve �
the District's share of the property tax revenue since the passage of Proposition 13 in 1978
and the enactment of AB 8 in 1979. The District's "multi-county" exemption has saved us
over $74 million in property tax revenue since that time. Last year, and as part of the State
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budget, the District, as a non-enterprise special district, was legislated to lose 10/o of its
property tax revenue over two years for a total loss of approximately $3.4 million in property
taxes. Thereafter, the voters approved Proposition 1 A on November 2, 2004, making the
future loss of property tax revenue to the State much less likely. This has been the Number
One Priority for my legislative efforts over the last 27 years.
• I meet with Audrey Rust at least monthly on joint projects,joint efforts, acquisition ideas,
grants and general long-term planning, strategies, and goal setting. As a direct result of these
meetings, POST acquired the Connor(Rapley Ranch) 151-acre property next to Russian
Ridge (for which the District has now applied for a $500,000 grant from the Habitat
Conservation Fund of the State for assistance with the purchase of this property) and 50-acre
Comas property next to Long Ridge, both prior to completion of Coastside Protection
Program, when the District could not act. POST also acquired the former Beffa property and
the former Forde property, as both properties are a key part of the future trail connection
from
Purisima Creek Redwoods o t the Pacific Coast Trail. Of course the District has now
entered into a Management (and Purchase) Agreement for the former Forde property, and a
Purchase Contract for the 676-acre Miramontes property, (the latter of which includes a
$2,050,000 grant, which I negotiated with the Coastal Conservancy). Other projects with
POST included purchase of the Guadalupe Land Company (and its 286 acres), which I got
POST started on in 1986 with a gift of shares in the Corporation as part of the District
purchase of the former North property in Sierra Azul. I also worked with the attorneys for
POST and Frederick Woods 11 (Frederick Woods III is in jail for the Chowchilla kidnapping
debacle), which resulted in a gift of a conservation easement over this magnificent 79-acre
property in Portola Valley (POST had been working on this gift for over 10 years). This
J Board f Directors Page f Mcmorandwn to oa d e 2 o �
July 6,2005
property, worth a conservative $25 million, is being left to the District in Mr. Woods' will,
and an agreement will be coming before the Board before the end of the calendar year. He
could change his will, but the property is protected.
• One of the most outstanding projects involving POST was the purchase of the former Jones-
Becker (Stevens Canyon Ranch) property. The desirability of this property for open space
purposes goes back to before I started with the District. I think the actual agreement to
purchase the property took the next generation of participants (Claire Becker—Beez Jones'
daughter) and Mike Williams (our relatively Real Property Manager). While they were
negotiating for the purchase of the property, instead of having the ranch be subdivided for
"high-end" homes, I found out that the Moore Foundation had a"tax" problem and needed to
find a substantial grant project in a hurry. I contacted Audrey (private foundations rarely
give grants to public agencies) and told her about the Stevens Canyon Ranch property and
she agreed the it was an ideal project (especially since she had an ongoing relationship with
the Moore Foundation and she had a reputation with them for quick delivery of projects—she
also felt that this would be an ideal project for POST since the property was located in Santa
Clara County and all of the previous funds they had received from the Foundation were in the
San Mateo County for the `Saving the Endangered Coast" program). I agreed that we would
Y� do all of the work for the g Y Williams rant, mainly b Del and Mike including
the
negotiations, preparation of all agreements, due diligence, biological inventories, w r>teu p
and anything else that was requested by either POST or the Foundation. Audrey asked for
the full $6.6 million purchase price and was awarded a $5 million grant. Since then the
District has entered into a Lease and Management Agreement for theproperty, which put the
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District over 50,000 acres of protected land. I have now asked Audrey for a $1 million
discount on the purchase price and that the remaining $4 million be applied to a discount of
the District's proposed purchase of the former Driscoll Ranch of 3,700 acres on the coast,
adjacent to La Honda Creek. We have now applied to the Coastal Conservancy, San
Francisco Bay Area Conservancy Program, for a $1 million grant to assist with the purchase
of this property from POST.
• Met with the County Park Directors of San Mateo (before Mary Burns terminated her
position to take a job as Director of Sonoma County Regional Parks) and Santa Clara on a
regular basis as a part of on-going communications. In Mary Burns absence, I have been
working directly with Julia Bott(Executive Director of the San Mateo County Parks
Foundation) to assure a District share of the potential 1/8% Sales Tax funding measure for
parks and open space in the County.
i
• Additionally, Lisa Killough has agreed to provide a 50% matching grant for two properties
we're looking at on the north side of Stevens Canyon to help complete the trail connection
between Lower Stevens Creek County Park (and Picchetti) and Upper Stevens Creek County
Park (and Saratoga Gap). For the first project, the Keyani purchase, Santa Clara County
contributed $275,000 toward the $550,000 purchase price. The County still owes us
$200,000 on the former Lobner property purchase in Stevens Canyon, which will be paid
upon completion of the lot-line adjustment process.
• I worked directly with Senator Joe Simitian's office to extend the District's $325,000 Habitat
Conservation Fund Grant for the Peery Property addition to Purisima Creek Redwoods
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Memorandum to Board of Directors Page 3
July 6,2005
beyond the 5-year deadline (for a second year), because we could not complete the project
since the property is in the Coastal Annexation area and the owner, Richard Peery, was not
ready to sell (although he says the District should one day own the property). Joe's office
also worked with Assembly member Sally Leiber's office on the Assembly side of the
Legislature to help assure success.
• I worked directly with Ralph Heim and Assembly Member Rebecca Cohn's office on AB
1195 (Eminent Domain), including testifying in both the Assembly and Senate Local
Government Committee meetings. This bill included "urgency" language requiring a 213
vote of the Legislature so that upon the Governor's signature the Bill would become law
(rather than on January 1, 2005). The Bill became law on April 1, 2004 and San Mateo
County LAFCo initially approved the Annexation on April 7, 2004 with their final
affirmative action on September 7, 2004.
• I successfully worked with Lisa Killough of Santa Clara County Parks and Nadine Hitchcock ,
of the Coastal Conservancy, who were each ready to commit $1 million toward the purchase
of the POST (former Bressler) property as an addition to Palo Alto's Arastradero Preserve.
The purpose of my negotiations was to assure that the regional trail connection went through
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(previously closed to non-City
not only the Preserve, but also through Foothill Park (p y y
residents). This tail is one of the few areas in the MidP eninsula where there could be a future
connection between the Bay Trail and Bay Area Ridge Trail. This trail requirement became
a condition of the $2 million in grants to Palo Alto and as a result, the City Council agreed to
this long sought after regional trail connection. I have personally been working on this
project form entire career with the District, nearly 2$ ears.
p J Y Y Y
• I conceived of and promoted the idea of sponsoring the tenth "Not-So-Annual" Conference
of 5500 Parks and Open Space Districts in California (mostly located in the Bay Area). I met
with Joe Donofrio, General Manager of the Monterey Regional Park District to co-host this
event. It had an attendance of 55 participants (the greatest number of agencies ever
represented), and by all evaluations was an excellent and informative conference. MROSD
did most of the work (headed by Julie Norton in Public Affairs) and I put together the
schedule, topics and found sponsors as well as featured speakers (Tom Lockard of Stone &
Youngberg, the District's bond underwriters, and Jon Shull of CJPIA, the District's insurance
authority). In addition, the conference made a"soft" profit of$647.98. That is assuming that
all of the District participants would have normally had to pay the $95.00 registration fee.
See attached accounting for details.
• Another celebration that was very important to me was achieving the 50,000 acres preserved
mark. This is an event that Public Affairs budgeted for and it was so very appropriate that
the "party" be celebrated at Stevens Canyon Ranch, as mentioned above. Approximately 200
people attended, it was a splendid day for a party. The Santa Clara County Parks Department
worked with us on shuttle parking and by all accounts it was a memorable event. The
celebration was made even better by having the "Bordi" family attend and make a
presentation about the property where their ancestors settled in California in the late 1800s.
• As promised, I have begun inviting other agencies involved in regional programs
complementary to the District's goals to provide a regional perspective. So far the Board has
I
II
Memorandum to Board of Directors Page 4
July 6,2005
heard from the Bay Area Open Space Council, Greenbelt Alliance, Bay Area Ridge Trail
Council, and the Coastal Conservancy (specifically about the California Coastal Trail). Still
to come are presentations by the Association of Bay Area Governments (ABAG) about the
Bay Trail, Sempervirens Fund, Peninsula Open Space Trust (POST), Stevens Creek Trail
Committee, the Coastal Conservancy (specifically about the San Francisco Bay Conservancy
Program) and Santa Clara County Parks Department. I have also asked Cindy and Kirk to
provide similar presentations as a part of the Resource Management Policy development
workshops of the Board.
• Continued as a member of the Executive Committee of the Bay Area Open Space Council.
MAJOR DISTRICT ACCOMPLISHMENTS:
Administration Department:
• The District hired for 31 positions (including 8 promotions, 12 seasonals, I intern, I
temporary and 8 permanent staff) over the last 15 months. This year's turnover rate was
10.12%. (The previous year's turnover rate was 11.5%).
• The Workplace Enhancement Plan (WEP) implementation is ongoing, with regular
department meetings, as well as individual meetings and an ongoing WEP evaluation system
incorporating a review at each Management Team Meeting. There are also departmental
meetings and interdepartmental meetings that follow to increase communication
opportunities. Additionally, "one-on-one" meetings are scheduled within each department
(including my one-on-one meetings with all Department Managers). I attended field staff
meetings on several occasions, with the topics including: Coastal Annexation, State budget,
and Ranger authority relative to proposed legislation and a possible Attorney General's
opinion. General staff meetings at the administrative office were held on a bi-weekly basis.
There were several employee-wide surveys conducted, including: 1) New locations for the
Staff Recognition evening event, which was implemented by going to Foothill Park in Palo
Alto; 2) Determining that there was staff interest in a District-sponsored Safety Fair, which
will be incorporated into the Staff Recognition day event in September; 3) Staff s input on
the venue and presentation process for the "State of the District" program, which was
implemented with a new venue; and, 4) One upcoming survey on the status (and possible
vote) on State Disability Insurance (SDI) for non-represented employees. There were also
two staff presentation sessions from the health benefit consultant, plus written answers to the
many questions those presentations generated. There was also a follow-up meeting after all
questions were answered. As a result, we are forming a staff committee (including the
represented group) to receive additional input on the health benefit and health retirement
issues to provide further information and get additional feedback as Management prepares to
make recommendations to the Board on this matter(I assume that this will be a
comprehensive topic for Board discussion as we consider the salary and benefit proposals for
next Fiscal Year). I put out several comprehensive e-mails to all staff on Board Meeting
Summaries, Status of the State Budget, and Status of the Coastside Protection Program.
There was one Management Team retreat focusing on the Action Plan and priorities for
Fiscal Year 2005/06 (and long range goals). Several proposed administrative policies were
presented to the staff Policy Review Committee and completed, including: travel
Memorandum to Board of Directors Page 5
July 6,2005
reimbursement policy, professional dues policy, contract insurance and bond requirements
and completion of the District cell phone policy. I also initiated a formal on-going review
process for departmental budgets (between myself and each Department Manager). We had
training for supervisors on substance abuse awareness. All staff received training on
Customer Service (for the first time). There were also designated staff who went to training
on Public Records Act and Public Meeting Law, Worker's Compensation Law update,
Dealing with Confidential Medical Records, and Public Sector Employment Law update.
New supervisors, Rudy Jurgensen, Stan Hooper and Michael Bankosh, went to a Leadership
training course. All field staff went to a defensive driving course. The District also
performed 15 individual ergonomic/workstation evaluations.*
• The Coastside Protection Program (annexation) was approved by the San Mateo County
Local Agency Formation Commission (LAFCo) on September 7, 2004 (at 11:08 AM).*
• Continued the relationship with California Joint Powers Insurance Authority (CJPIA),
including adding the Pollution (hazardous spills) Program. Completed 95% of the
recommended risk-reduction steps based upon the CJPIA on-site assessment of the District's
facilities and equipment.
• Completed redesign of the District's Web Site.
• Facilitated mid-year budget adjustments for the 2004/2005 fiscal year, including a budget
reduction of$978,228 in response to the State Budget ERAF III property tax shift.*
• Updated the District's Safety Manual and the Injury and Illness Prevention Program,
developed new administrative policy on Job Share (which is now subject to "meet and
confer"), rewrote the Membership/Dues Policy and the Travel/Meals Reimbursement
policy.*
• New Accounting Software was installed and training completed.
• Hired a consultant and completed a comprehensive Salary and Benefit study of all regular
District positions.
• Successfully completed the Audit of the District's 2003/04 income and expenditures. One of
the most difficult audits in my experience.*
Real Property Department:
• The District's preserved lands now total 50,847.71 acres.*
• Acquired 2,034 acres including to the 100-acre Keyani property (in Stevens Canyon) as an
addition to Monte Bello, and a management agreement with Peninsula Open Space Trust
(POST) for the 238-acre Stevens Canyon Ranch property as an addition to Saratoga Gap.
Added approximately 689 acres to Sierra Azul, rounding out and acquiring in-holdings,
including the 24-Neville property, the 155-acre Costich property (95% interest), the 160-acre
Memorandum to Board of Directors Page 6
July 6,2005
Curto property, the 287-acre POST (Guadalupe Land Company) property and the 63-acre
Davidson property."
• Included in the District's acquired acreage for 2004/05 Fiscal Year are the Management
Agreements with POST for the 183-acre former Forde property adjacent to Purisima Creek,
the 141-acre former Rapley Ranch adjacent to Russian Ridge and purchase of the 676-acre
POST Miramontes property adjacent to Mills Creek.*
• Received the payment of the $1,682,500 (50% of the purchase price) grant from the Coastal
Conservancy, San Francisco Bay Area Conservancy Program for the Presentation Center
addition to Bear Creek Redwoods."
• Obtained cooperative project funding from the County of Santa Clara to provide $275,000
(50% of the purchase price) toward the purchase of the former Keyani property in Stevens
Canyon."
• Approved the purchase of the POST (Miramontes) Property as an addition to Mills Creek
(temporary name), which includes a $2,050,000 grant from the San Francisco Bay Program
of the Coastal Conservancy. The matching amount of$2,050,00 will be provided as a gift of
the remaining value of the property from POST. The current appraised value of this property
is $4,648,000.*
• Received a $35,000 grant from the Ridge Trail Council through the Coastal Conservancy for
purchase of the former Neville property, which completed the Bay Area Ridge Trail segment
from Lexington Reservoir to Hicks Road (approximately I I miles).*
• Submitted grant proposals under the Habitat Conservation Fund for the POST Rapley Ranch
property and an additional grant for the Ferenz Property adjacent to Purisima Creek."
• Completed negotiations with Metro PCS for cell phone antenna at the PG&E tower at Pulgas
Ridge, bringing the annual income to over $100,000 for that tower (my personal goal for this
site).
• Completed the Sheldon Road controversy and public prescriptive rights claim to provide
public trail access to El Sereno (ending 15 years of disputed rights).*
Operations Department:
• Continued to implement the (5-year) Resource Management Strategic Plan jointly with
Planning, including preparing for the upcoming Resource Management Board Workshops to
develop more detailed Board Policies on a wide range of subjects including water resources,
grasslands, etc.
• The first draft of the Operations Manual (over 150 sections) has been completed and
reviewed by outside counsel, after internal legal review--it will go to "meet and confer."
Memorandum to Board ol'Directors Page 7
July 6,2005
0 Skyline staff worked with planning to implement Phase I of the El Corte de Madera Creek
Watershed Protection Plan.
* The Cross-Over Trail and the El Corte de Madera Creek and Giant Salamander Trails have
been constructed.
* The two newly created positions of Maintenance/Resource Supervisors have been filled (both
were promotions), and the new crews are up and operating."
0 The District contracted for the purchase of a new water truck (to be delivered in January) as a
part of our agreement with the County of San Mateo Fire Agency included in the approval
process of the Coastside Protection Program."
* Operations has continued to work on improved relationships with Santa Clara County Fire
(already an excellent relationship based partly on the controlled burns at Rancho de
Guadalupe) and CDF (especially in light of the agreement with San Mateo County Fire as a
part of the approval of the Coastside Protection Program). However, agreements with Santa
Clara County Parks and State Parks are on hold because of questions regarding the authority
of District rangers to patrol off District lands and outside the District's Official Boundary.
0 The exotic False Slender Brome that was identified at Thornewood and has been removed
from District land and we are now doing a second year follow-up. The District was
unsuccessful in obtaining a $25,000 grant to assist with removing this invasive plant from
adjacent private lands.
0 The total number of Feral Pigs trapped and removed from District land is 302 (including 21
at Bear Creek Redwoods—where the weren't any!) since the inception of the program. As a
result there has been a significant reduction in pig sightings and a noticeable reduction of
damage to land both on and off District land.
Public Affairs Department:
• Conducted the joint Not-So-Annual Conference with Monterey Peninsula Regional Park
District.*
• Planned, organized and completed the 50,000,h Acre event at Stevens Canyon Ranch,
including production of the new"50,000 Acres in the Green" t-shirts.*
• Supported the Coastside Protection Program by providing outreach, press releases, proposed
letters of support, and contacts of constituents, as well as adding a Coastside Protection page
to the District's Web Site.**
0 Started work on the necessary revisions to the District's Good Neighbor Policy, by meeting
with organized constituency groups, including: South Skyline Association, The Kings
Mountain Association, the Pescadero Municipal Advisory Council and the Midcoast
Community Advisory Council. Also began drafting (and almost ready for Board
Memorandum to Board of Directors Page 8
July 6,2005
consideration, based upon LFPAC's recommendations) the Board's E-Communication
Policy, which must necessarily come first.*
• Redrew the District's Ward Boundaries (to include the new coastal territory) in accordance
with legal guidelines and based upon public input at 3 workshops and one public hearing.
• The Board appointed an Ombudsperson (a new volunteer position which was created out of
the approval process for the Coastside Protection Program). **
• The department's media management activities led to positive articles in the Chronicle, .San ,
.Jose Mercury News, San Mateo Daily.Iournal, San Mateo County Times, Palo Alto Daily
News, Palo Alto Weekly, Almanac, Los Altos Town Crier, Half Moon Bay Review and The
Independent.*
• The District's Book: Peninsula Tales and Trails was printed in early December(with a kick-
off reception). The entire First Addition of 6,500 books is now 75% sold out.* ��
• The Board approved a new legislative program and firmly established a relationship with
new Assemblyperson, Ira Ruskin. Newly elected Senator Joe Simitian also helped the
District to extend a Habitat Conservation Fund Grant that had run out of time because of the
protracted annexation process on the San Mateo Coast.*
• AssemblyBill 1195 authored for the District b Rebecca Cohn was "gutted" and amended
Y � g
to be used to take away the District's power of Eminent Domain in fulfillment of one of the
conditions of the Farm Bureau Agreement with the District.
• Continued to support SB 658 (Keuhl) which provides for a$6.00 vehicle fee in all coastal
counties where the Supervisors "buy-in," including the Bay Area Counties. This would fund
the San Francisco Bay Conservation Program of the Coastal Conservancy in the amount of
nearly $32 million per year (if all Bay Area counties "buy in"—our future work is cut out for
us!).*
• The District recruited the following additional volunteers: 12 Trail Patrol members, 11
Outdoor Activity Docents, 5 Nature Center Hosts, 4 Community Outreach Volunteers, and 2
Outdoor Education Leaders.
• The total of approximately 14,000 volunteer (including docents) hours will be celebrated at
the upcoming Volunteer Recognition Event currently scheduled for September 24, 2005,
most likely at Rancho de Guadalupe (Sierra Azul).
*Projects that included my direct involvement.
**Projects that included my indirect involvement.
Memorandum to Board of Directors Page 9
July 6,2005
Planning Department:
i
• The Coastside Protection Program was approved on September 7, 2004 and the Certificate of
Completion of Annexation was recorded by LAFCo, extending the District's Official
Boundary to Pacific Ocean from the southerly limits of the City of Pacficia to the Santa Cruz
County Line.
• Consultants were hired to assist with development of the master plans for La Honda Creek
and Sierra Azul/Bear Creek. The Board Ad Hoc Committees were formed and the process
got underway for both plans, including initial public workshops.
• The Board determined the order and groupings for development of Resource Management
Policies at a public workshop in October and the first group of polices were tentatively
adopted for Water Resources. The consulting firm of Balance Hydrologics (Jonathan
Owens) gave an initial presentation on the siltation and sedimentation at El Corte de Madera.
As the remaining three groupings of topics are discussed at future workshops, it is anticipated
that staff will introduce expert consultant as part of these
Board's deliberations.
• Completed Phase I of the El Corte de Madera Watershed Protection Program, including
construction of the Virginia Mill bridge replacement.
• Completed the construction of the Grabtown Bridge and Trail at Purisima Creek
Redwoods.
• Constructed the staging area and trailhead at Pulgas Ridge.
• construction of the Foothills shop building and had an "inaugural" celebration b
Completed p g g Y
staging the staff winter holiday potluck party there, which included tours of the building.
Also, please refer to the Program Evaluation for the 2004-2005 Action Plan as presented at
your meeting of June 1, 2005, (see Report R-05-61). Or, if you would like another copy
please let me know.
REGIONAL OPEN SPACE
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
To: Board of Directors
From: L. Craig Britton, General Manager
Date: July 7, 2005
RE: 2004/2005 Evaluation Year Salary Proposal
SALARY PROPOSAL
My current annual salary is $148,466.78. This year, the Administration and Budget (Standing)
Committee of the Board (ABC) authorized the completion of a salary survey by Johnson &
Associates (J&A) for the General Manager and General Counsel positions. J&A had already
prepared a comprehensive salary survey for the balance of the staff positions, which resulted in
some individual salary adjustments, as well as an "across-the-board" Cost of Living Adjustment
(COLA) of 2.5 "Points"" for the non-represented employees. The "Labor Market Salary
is attached. The conclusion b J&A was that m current salary
Survey for the General Managery Y Y
is 7.87% (7.5 Points)behind the "Labor Market Mean" for my position. As a part of the general
salary increases at the beginning of the current Fiscal Year (April 1, 2005), the Department
Managers were awarded one-half(50%) of the 4 Points (or 2 Points) based upon the amount
recommended by J&A for"Labor Market Mean" for those positions. This meant that in addition
to the COLA of 2.5 Points, the Managers each received an additional 2 Points for a total of 4.5
Points or 4.77% for the year.
It is my proposal that I be granted an annual cost of living salary increase (COLA) of 2.5 Points
( P
this is the same amount that all non-represented District employees received as of April 1,
_
2005), plus one-half(50%) of the 7.5 Points (or 3.75 Points) based upon the amount determined
by J&A to bring my position into parity with the Labor Market. This would total 6.25 Points or
6.42%, for a total annual salary of$157,998.35. (1 have also attached an analysis of the
individual salary adjustments awarded to the Managers, as well as an array of information on
The General Manager and General Counsel positions based upon the potential COLA awards as
well as a possible Labor Market adjustment). As in the past, I would request that any salary
increase be approved retroactively to my hiring anniversary date of March 9, 2005.
**The difference between a Point award and a percentage award is that the point increase is internally
compounded.
I
Memorandum to Board of Directors Page 2
July 6,2005
MERIT INCREASE PROPOSAL
I would very much appreciate consideration of a 5% merit award. This year we have secured
$2,050,00 in new grants. This does not include any per capita or Roberti/z'Berg/Harris grant
funds the District received from Proposition 40 (for which the District had to settle population
calculations with all three counties within its jurisdiction). The District also closed out
$1,682,500 in the previous acquisition grant for the Sisters of Presentation. The District will also
most likely be getting a sizable grant ($800,000 or more) from the Coastal Conservancy for the
purchase of Stevens Canyon for POST (in addition to the $1,000,000 price discount I am
expecting from POST). Several notable acquisition projects were completed, including the 100-
acre Keyani property purchase and the 36-acre Stevens Canyon property (including a$275,000
grant for the County of Santa Clara); the 183-acre POST (former Forde) property adjacent to
Purisima Creek Redwoods; the POST Miramontes property adjacent to Mills Creek (a temporary
name) and approximately 689 acres in Sierra Azul, including the Neville property which was the
final 24-acre piece of the Ridge Trail alignment from Lexington Reservoir to Hicks Road, the
155-acre Costich property, 160-acre Curto property and the 63-acre Davidson property. Of
course the most significant project was completion of the process to gain LAFCo approval of the
District's San Mateo Coastside Protection Program in September 2004. The District book,
Peninsula Tales and Trails, was published in December 2004. We also celebrated preserving
50,000 acres of open space and successfully sponsored the tenth "Not-So-Annual" Open Space
and Park District Conference.
I believe the Workplace Enhancement Plan (WEP) is working well, is ongoing and integrated
into our daily thinking and management of the District. The District filled 31 positions (a turn-
over rate of 10.12%) over the last 15 months (including 8 promotions and 12 seasonal positions),
and provided additional supervisor training as well as in-house training on the performance
evaluation process. There was additional training in Customer Service Training—for the first
time; and individual training for new supervisors. There was individualized training in Public
Records Act and Public Meeting laws, Worker's Compensation law update, Dealing with
Confidential Medical Records, and Public Sector Employment law. We also provided all field
staff with Defensive Driving Training and performed 15 individual ergonomic/workstation
evaluations. We are continually striving to achieve consistency, fairness, and follow-though.
There are several additional accomplishments that merit special mention, especially the new
State Law(AB 1195) that was passed on an urgency basis in time for final LAFCo hearing,
which paved the way for final approval of the Coastside Protection Program on September 7,
2004. There was also the final settlement on the State Budget take-away of 10% of the District's
property tax revenue over a 2 year period (the culmination of 27 years of legislative work for the
District), which was backed by the voters on November 2, 2004 by passing Proposition I A,
changing the California Constitution to curb the Legislature's ability to take local jurisdiction's
property taxes in the future.
City of Palo Alto
Depart. of Community Services
May 4, 2005 MAY 0 9 2005
Craig Britton, General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Open Space Division Dear Craig:
Foothills Park
I regret I won't be able to attend the District's milestone celebration on June 4th
Enid Pearson—Arastradero I'll be in Texas helping to celebrate the 60th wedding anniversary of Glen's
Preserve
parents.
Baylands Nature
Preserve Congratulations on the incredible accomplishment of 50,000 acres of open space
Esther Clark Park permanently preserved and protected for all to enjoy and appreciate. The District
has achieved an incredible amount in a relatively short period of time. The
momentum for acquiring and protecting more and more precious open space
seems to really be accelerating under the leadership of the District.
The residents of San Mateo, Santa Cruz and Santa Clara Counties are indeed
fortunate to have such tremendous resources available,right in their back yards,
for hiking, relaxing, nature study and simply for protection from over-
development. The hundreds of miles of trails that provide easy public access to
this incredible assortment of plant communities is one of our community's
greatest assets.
r outstanding leadership and
A personal note of thanks to you, Craig, for you o g p
dedication to the preservation of open space on the Peninsula. Your thoughtfal
planning and careful guidance over the years has really brought to fruition what
some might have thought to be an impossible dream thirty-three years ago.
.Congratulations and very best wishes!
Greg Betts
Open Space Division Manager
1305 Middlefield Road
Palo Alto,CA 94301-3349
650.463.4906
i
WILLIAM RELLER s .
CENED
664 GILMAN ST.
PALO ALTO,CA 9430 1-25 28
NOV 16 Zoos
SPACE DISTRICT
Mr. Crag Britton,general manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,California.94022
Dear Craig.
Only the other day did I read your"Matter of Opinion"of Sept. 29`'in the
Half Moon Bay Review. It was so well written I thought to pass on my
personal compliments.
I think of you and Audrey Rust as a tandem and how different our little
world would be without your very effective working relationship. You are
both very effective administrators with clear long term vision,always out
there to lead the way. You must have a singular satisfaction in knowing the
role you have played in shaping the present and the future of the vast
landscape we all will forever more enjoy and appreciate.
Your very positive and,really,uplifting message to those on the coast
provides a basis for mending fences including many of the fanning interests.
Some times your damned if you do and damned if you don't,but damn it you
did id
Sincerely,
' TSIp) E AND
tkt
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