HomeMy Public PortalAboutResolution - 01-01- 20010110 - Annual Investment Authori RESOLUTIONS: January - December, 2001
No. Mtg, Date Description
01-01 01-10-01 Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District Adopting a Statement of Investment Policy and Authorizing the Controller
to Invest Surplus Funds Allowed by Government Code.
01-02 01-31-01 ... Appointing Peace Officer(Christopher Barresi)
01-03 01-31-01 ... Amending Rules of Procedure—Safe DMsit Boxes
01-04 02-14-01 ... Authorizing Officer to Execute the Access Easement and Maintenance
Agreement, and Authorizing General Manager to Execute any and all Other
Documents Necessary or Appropriate to Closing of the Transaction(Russian Ridge
Open Space Preserve-Lands of Connor)
01-05 2/28/01 ... Accepting a Donation of$12,000 from Peninsula Open Space Trust(POST),
Allocating Those Funds Exclusively for Materials and Equipment for the David C.
Daniels Nature Center, and Expressing the Board's Gratitude and Appreciation of
POST and its Donors
01-06 3/14/01 ... Authorizing Acceptance of the Purchase Agreement-Bargain Sale, Authorizing
Officer to Execute Certificates of Acceptance of Grants to District and Execute
Grant of Right of First Offer, and Authorizing General Manager to Execute any and
all other Documents Necessary or Appropriate to Closing of the Transaction
(Monte Bello Open Space Preserve—Lands of Lobner)
01-07 3/14/01 ... Terminating the Joint Exercise of Powers Agreement Creating the California
Pooled Investment Authority
01-08 3/28/01 ... Adopting Budget for Fiscal Year 2001-2002
01-09 4/25/01 ... Approving and Authorizing Execution of Agreement to Purchase Tax-Defaulted
Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to
District (Purisima Creek Redwoods Open Space Preserve—Tax-Defaulted
Property, San Mateo County)
01-10 4/25/01 ...Accepting Gift of Real Property and Authorizing Execution of Certificate of
Acceptance with Respect thereto(Purisima Creek Redwoods Open Space Preserve
Lands of Peninsula Open Space Trust)
01-11 4/25/01 ... Accepting Gift of Real Property and Authorizing Execution of Certificate of
Acceptance with Respect Thereto(Purisima Creek Redwoods Open Space Preserve
Lands of Gorham, Et Al.)
01-12 4/25/01 ... Accepting Gift of Real Property((Purisima Creek Redwoods Open Space
Preserve—Lands of Tabel and DaMotta)
01-13 4/25/01 ... Approving the Application for Land and Water Conservation Funds for the
Pulgas Ridge Open Space Preserve Public Access Improvement Project
01-14 5/9/01 ... Commending and Honoring Roger Myers for his Exemplary Volunteerism as a
District Docent
01-15 5/9/01 ... Approving and Authorizing Execution of Agreement to Purchase Tax-Defaulted
Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to
District (Monte Bello, Sierra Azul, and El Sereno Open Space Preserves—Tax-
Defaulted Properties, Santa Clara County)
MAesolutions/Resolutions 2001 bog.doc
RESOLUTIONS: January - December, 2001
01-16 5/30/01 ... Commending Mr. Tony Look and Renaming a Portion of the Stevens Creek
Trail Within Fremont Older Open Space Preserve in His Honor
01-17 6/27/01 ... Authorizing Execution of the Property Acquisition Agreement, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District and Execute
Memorandum of Unrecorded Grant Agreement, and Authorizing General Manager
to Execute any and all Other Documents Necessary or Appropriate to Closing of
the Transaction(Bear Creek Redwoods Open Space Preserve—Lands of Peninsula
Open Space Trust)
01-18 6/27/01 ... Approving a Salary Adjustment and Meritorious Pay Award for District General
Counsel and Approving an Amendment to District General Counsel's Employment
Aareement
01-19 7/25/01 ... Commending Michael L. Foster
01-20 7/25/01 ... Approving 2001-2002 Salary Adjustment and Meritorious Pay Award for the
General Manager and Approving Amendment to General Manager Employment
Ajareement
01-21 8/22/01 ... Approving the Applicant to Apply for Grant Funds from the Per Capita Grant
Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000 (Proposition 12)
01-22 8/22/01 ... Approving the Applicant to Apply for Grant Funds from the Roberti-Z'Berg-
Harris Urban Open Space and Recreation Program Under the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bind Act of 2000
01-23 9/12/01 ... Establishing Financial Instrument Signatories of the District for County of Santa
Clara Accounts
01-24 9/26/01 ... Approving the Application for Grant Funds for the Local Agency Grant
Program—Fiscal Year 2001-2002 Under the Habitat Conservation Fund Program
of the California Wildlife Protection Act of 1990 for the Following Project: POST
Tunitas Creek Property Acquisition
01-25 9/26/01 ... Authorizing Approval of an Agreement with AIG Claims Services, Inc.
Releasing and Settling District Claims for Damages in Exchange for the Payment
of$130,000 and Authorizing the Execution of Any and All Documents Necessary
or,Appropriate to Closing of the Transaction
01-26 10/24/01 ... Authorizing Acceptance of Purchase Agreement-Bargain Sale. Authorizing
Officer to Execute Certificate of Acceptance of Grant tc District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve—
Lands of McKannay)
01-27 10/24/01 ... Authorizing Execution of Certificates of Acceptance for Quitclaims to District;
to Execute Grant and Easement Deeds to Reconfigure the Water Tank and
Easement Site, and Authorizing the President or Other Appropriate Board Officer
and General Manager to Execute any and all Other Documents Necessary or
Appropriate to Closing of the Transaction(El Sereno Open Space Preserve— San
Jose Water Company)
2 W/Resolutions/Resolutions 2001 Log.doc
RESOLUTIONS: January - December, 2001
01-28 10/24/01 ... Urging Stanford University to Offer, and Santa Clara County to Require,
Dedication of Two Trail Alignments in Accordance with the Countywide Trails
Master Plan as Stanford AEeed to During the General Use Plan Process
01-29 11/28/01 ... Adopting Guidelines Pursuant to the California Environmental Quality Act
01-30 12/12/01 ... Dedicating Interests in Certain District Lands for Public 91?2n Space Purposes
01-31 12/12/01 ... Authorizing Acceptance of Financing Amendment to Purchase Agreement—
Bargain Sale, and Authorizing General Manager to Execute any and all Other
Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul
Open Space Preserve—Lands of McKannay)
01-32 12/12/01 ... Adopting Amendments to the Budget for Fiscal Year 2001-2002
01-33 12/12/01 ... Appointing Peace Officer(Anthopy Correia)
01-34 12/12/01 ... Appointing Peace Officer(Elisa Wickham)
W/Resolutions/Resolutions 2001 La&doc
3
RESOLUTION NO. 01-01
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADOPTING A STATEMENT OF INVESTMENT POLICY
AND AUTHORIZING THE CONTROLLER TO INVEST
SURPLUS FUNDS ALLOWED BY GOVERNMENT CODE
WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds
in order to help meet land acquisition objectives; and
WHEREAS, the Chapter 4, Division 2 of Title 5 of the Government Code authorizes
the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher
than achievable through the Santa Clara County Pooled Fund, or the California Pooled Investment
Authority; and
WHEREAS, the District can often improve its yield on surplus funds without
sacrificing financial safety flexibility;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the
Investment Goals and Guidelines attached hereto as Exhibit "A" and by reference made a part hereof.
Section Two. Before any particular investments the Controller shall consult with the
General Manager, or a District employee authorized to act in his/her behalf, to determine anticipated
cash flow needs of the District.
Section Three. This Resolution supersedes Resolution No. 00-03 adopted January 12,
2000. This Resolution shall no longer be in effect as of January 15, 2002, unless extended in time, and
inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund, or the
California Pooled Investment Authority.
RESOLUTION NO. 01-01
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on January 10, 2001, at a regular meeting thereof, by the following vote:
AYES: K. Nitz, P. Siemens, L. Hassett, J. Cyr, M. Davey, D. Little
NOES: none
ABSTAIN: none
ABSENT: N. Hanko
ATTEST: APPROVED:
4i���
ecretary President
Board of Directors /Board of Directors
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
EXIBIT"A"
INVESTMENT GOALS AND GUIDELINES
GOALS
Goal 1. Capital Preservation
The primary goal shall be to safeguard the principal of invested funds. Temporarily idle funds shall be
invested in a conservative manner, such that funds can always be withdrawn at,or just above or below,
full invested value. Investments that offer opportunities for significant capital gains and losses are
excluded.
Goal 2. Liquidity
Temporarily idle funds will be managed so that normal operating cash needs and scheduled extraordinary
cash needs can be met on a same day basis. Investments will be sufficiently liquid to provide a steady
and reliable flow of cash to the District to insure that all land purchases can be made promptly(within
two weeks).
Goal 3. Income
Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and
liquidity goals and the Government Code.
GUIDELINES
1. Determination of Idle Funds
The Controller will prepare a complete cash flow projection prior to all investment decisions. This cash
flow projection will be reviewed and evaluated by the General Manager. The General Manager is
responsible for approving the Controller's designation of the amount of funds not required for the
immediate necessity of the District and available for investment.
2. Contingency&serve
A contingency reserve of between$500,000 and$2,000,000 shall be maintained with the Santa Clara
County Pooled investment fund. The General Manager is responsible for approving the Controller's
designation of the size of this contingency reserve. At all times this contingency reserve will be sufficient
to satisfy the requirements for all Note Funds.
3. Non-Invested Funds
Idle District funds not otherwise invested or maintained with paying agents will be deposited with the
California Pooled Investment Authority or in the Santa Clara County Pooled investment fund.
4. Selection of Investments
The controller is responsible for selecting investments that fit within the amounts and maturities
recommended by the Controller and by the General Manager. The Controller is also responsible for
directing security transactions.
5. Investments InstMMents
Investments shall be limited to those allowed by Government Code Section 53601 et seq. and 53635 et
seq. Investments shall not be leveraged. Investments, and"derivatives", that offer opportunities for
significant capital gains and losses are excluded. All investments,other than funds held in trust for note
holders and trust funds released after posting surety bonds,shall mature within 180 days.
6. Diversification
Investments other than insured or collateralized deposits at banks and savings and loan associations shall
be delivered.
7. Marketability
For investments other than deposits, the breadth of ownership and number of securities outstanding will
be sufficient to establish a secondary market in which investments can be readily converted to cash
without causing a material change in their market value.
8. Acceptable Banks
Bankers'Acceptances and Negotiable Certificates of Deposit may be purchased only from banks and
savings and loan associations with over$1,000,000,000 of deposits and reporting profitable operations.
9. Acceptable Collateral
Securities collateralizing bank or savings and loan deposits must be rated"A"or higher.
10. Investments in Name of District
All investments purchased shall stand in the name of the District.
11. Reporting
The Controller shall report all security transactions to the Administration and Budget Committee no later
than the next Regular Meeting of the Board of Directors after any transaction has been made. The
Controller shall submit a report of the District's investments and security transactions to the
Administration and Budget Committee by the fourth Wednesday of each month in accordance with
Government Code Section 53607. The Controller will render a quarterly investment report to the Board
of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the
General Manager and to the District's' auditor. The Administration and Budget Committee shall act on
behalf of the Board of Directors in receiving reports from the Controller required by Government Code
Section 53607.
12. Purchase of Securities Through Bank
The Controller is authorized to purchase securities through the investment department of the District's
bank. The Bank shall be instructed in writing only to purchase securities in the name of the District and
that all matured funds shall be returned to the District's bank account. The Bank shall also be instructed
to send receipts for transactions to the General Manager. II