HomeMy Public PortalAbout20201209 - Agenda Packet - Board of Directors (BOD) - 20-29
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT FINANCING
AUTHORITY
Wednesday, December 9, 2020
Special Meeting starts at 5:00 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
Consistent with Governor Gavin Newsom's Executive Order N-29-20, the Governor has allowed local
legislative bodies to hold public meetings via teleconference and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeking to observe and to address the
local legislative body or state body to avoid public gatherings, and has suspended all contrary provisions of the
Brown Act.
THIS MEETING WILL BE VIA TELECONFERENCE ONLY
1. The meeting can be viewed in real-time at: https://openspace.zoom.us/j/81978403665 or listen to the meeting
by dialing (669) 900-6833 or (346) 248-7799 (Webinar ID 81978403665).
2. Members of the public may provide written comments by submitting a public comment form
at: https://www.openspace.org/public-comment
• Comments on matters not on the agenda must be submitted prior to the time the board president calls
for public comments.
• Comments on agenda items must be submitted prior to the time public comment on the agenda item is
closed.
• All comments shall be subject to the same rules as would otherwise govern speaker comments at the
board of directors meeting.
• Electronic comments on agenda may only be submitted via the public comment form. Comments via text
or social media (Facebook, Twitter, etc.) will not be accepted.
Any comments received after the deadline, will be provided to the Board after the meeting.
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ROLL CALL
SPECIAL ORDERS OF THE DAY
Meeting 20-29
Rev. 1/3/20
• Presentation from San Mateo County Re: Unincorporated Area San Mateo County Active
Transportation Plan
1. Comprehensive Annual Financial Report Training
Staff Contact: Andrew Taylor, Finance Manager
General Manager’s Recommendation: Receive educational training from staff on the District’s
Comprehensive Annual Financial Report. No Board action required.
2. Annual Bond Disclosure Training for the Board of Directors, Members of the Disclosure
Working Group, and Contributors (R-20-141)
Staff Contact: Andrew Taylor, Finance Manager
General Manager’s Recommendation: Receive the annual training on Bond Disclosure obligations,
responsibilities, and potential liabilities. No Board action required.
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
This portion of the agenda is for members of the public to comment on items not on the agenda;
however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items
not on the agenda. Individuals are limited to one comment during this section.
ADOPTION OF AGENDA
SPECIAL ORDER OF THE DAY
• Proclamation for California State Senator Jim Beall
CONSENT CALENDAR
All items on the Consent Calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
1. Approve November 18, 2020 Minutes
2. Claims Report
3. Increase of an Existing Half Time Position to a Full Time Position in the Legal Department
(R-20-153)
Staff Contact: Hilary Stevenson, General Counsel
General Manager’s Recommendation: Adopt a resolution amending the Budget and Action Plan for
Fiscal Year 2020-21 to increase the existing half-time position of Risk Management Analyst to a
full-time position in the Legal Department
4. Designation of the Oljon Trail in El Corte de Madera Open Space Preserve as part of the
regional Bay Area Ridge Trail (R-20-142)
Staff Contact: Arianna Nuri, Planner I, Planning
Rev. 1/3/20
General Manager’s Recommendation: Designate the existing Oljon Trail in El Corte de Madera
Creek Open Space Preserve as a new segment of the regional Bay Area Ridge Trail in accordance
with the intentions of the California State Coastal Conservancy-Bay Area Ridge Trail Partner
Grants
5. Application for Grant Funding from the Wildlife Conservation Board (R-20-144)
Staff Contact: Jordan McDaniel, Senior Grants and Procurement Technician, Administrative
Services
General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to
submit an application for grant funding from the Wildlife Conservation Board and to negotiate a
grant funding agreement for $5,000,000 to support the planning and design of the Highway 17
Wildlife and Regional Trails Crossing Project.
6. Second Reading and Adoption of the Board Compensation Ordinance 20-02 (R-20-147)
Staff Contact: Hilary Stevenson, General Counsel
General Manager’s Recommendation:
1. Waive reading and adopt an Ordinance 20-02 increasing Board compensation from $100.00 to
$105.00 per meeting pursuant to Public Resources Code section 5536.
2. Amend Board Policy 6.06 to reflect the increase in compensation resulting from the Board
compensation ordinance.
BOARD BUSINESS
Public comment on agenda items at the time each item is considered by the Board of Directors. Written
public comments will be provided to the Board prior to the meeting and posted on the District’s website
at www.openspace.org. The names of all commenters will be read into the record.
7. Fiscal Year 2020 Annual Financial Report (R-20-145)
Staff Contact: Andrew Taylor, Finance Manager
General Manager’s Recommendation:
1. Review and accept the Fiscal Year 2019-20 (FY20) Annual Financial Report.
2. Adopt a resolution approving the transfer of a total of $3 million from the General Fund
Unassigned Fund balance to the Committed Fund for Future Acquisitions and Capital Projects.
3. Approve an updated Board Policy 3.08, Statement of Investment, to reflect a prior Board
proviso that was omitted from the prior update.
8. 50th Anniversary Celebration Preparations (R-20-148)
Staff Contact: Mike Kahn, Public Affairs Specialist II
General Manager’s Recommendation:
1. Review and provide input on the proposed scope of the 50th Anniversary Celebration plans.
2. Consider formation of an ad-hoc committee to provide continued involvement and timely
decisions as planning progresses.
INFORMATIONAL MEMORANDUM
• Cloverdale Coastal Ranch Land Conservation Opportunity: Annual Update
• Progress Report on Science Advisory Panel Work
• Update on the Electric Bicycle Pilot Implementation at Rancho San Antonio and Ravenswood Preserves
Rev. 1/3/20
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for information; request staff to report to the Board on a matter at a future meeting; or
direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to
staff only. No final policy action will be taken by the Board.
Committee Reports
Staff Reports
Director Reports
ADJOURNMENT
Time Certain – To Be Heard No Earlier Than 8:30 P.M.
8:30 SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FINANCING AUTHORITY
ROLL CALL
1. Acceptance of the Annual Financial Report of the Midpeninsula Regional Open Space District
Financing Authority for Fiscal Year Ending June 30, 2020 (R-20-146)
Staff Contact: Andrew Taylor, Finance Manager
Controller’s Recommendation: Accept the Annual Financial Report.
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on December 4, 2020, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
R-20-141
Meeting 20-29
December 9, 2010
SPECIAL MEETING AGENDA ITEM 3
AGENDA ITEM
Annual Bond Disclosure Training for the Board of Directors, Members of the Disclosure
Working Group, and Contributors
GENERAL MANAGER’S RECOMMENDATION
Receive the annual training on Bond Disclosure obligations, responsibilities, and potential
liabilities. No Board action required.
SUMMARY
Board Policy 3.06 “Initial and Continuing Disclosures for Bond Issuances” requires annual
training on Bond Disclosure obligations, responsibilities, and potential liabilities of
Midpeninsula Regional Open Space District (District) staff and the Board of Directors (Board).
This item meets the Bond Disclosure training requirement under Board Policy 3.06.
DISCUSSION
The Board adopted Policy 3.06 “Initial and Continuing Disclosures Relating to Bond Issuances”
on April 1, 2015 and subsequently updated the language on March 22, 2017. This Board Policy
states that:
“Whenever the District makes statements or releases information relating to its finances
to the public that are reasonably expected to reach investors and the trading markets
(including, without limitation, all Listed Event Notices, statements in the audited
Financial Statements, and other financial reports and statements of the District), the
District is obligated to ensure that such statements and information are complete, true,
and accurate in all material respects.”
To ensure that the Board and key staff are fully aware and periodically reminded of the bond
disclosure requirements, including the obligation noted above, Article I, section 1.01 (C)
Training states:
The Disclosure Coordinator shall arrange for annual disclosure training conducted by
the District’s disclosure counsel with the assistance of the General Counsel, for the
Board of Directors members, the Disclosure Working Group, and Contributors. Such
training sessions shall include education on these Disclosure Procedures, the District’s
disclosure obligations under applicable federal and state securities laws, and the
disclosure responsibilities and potential liabilities of members of District staff and
members of the Board of Directors.
R-20-141 Page 2
On December 9, 2020, the District’s Disclosure Counsel, Jacquelynne Jennings from Schiff
Hardin, will provide the annual training to the Board, the Disclosure Working Group (General
Manager, Chief Financial Officer, Controller, and General Counsel), the Disclosure Coordinator
(Finance Manager), and Contributors.
FISCAL IMPACT
None.
BOARD COMMITTEE REVIEW
This agenda item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
The Bond Disclosure training is held annually, with the next training planned for the fall of 2021.
Attachments:
1. Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances
Responsible Manager:
Stefan Jaskulak, Chief Financial Officer
Prepared by:
Andrew Taylor, Finance Manager
Midpeninsula Regional Open Space District
Board Policy Manual
Initial and Continuing
Disclosures Relating to Bond
Issuances
Policy 3.06
Chapter 3 – Fiscal Management
Effective Date: 04/01/2015 Revised Date: 03/22/2017
Prior Versions: 04/01/2015
Attachments:
A – List of Disclosure Documents, to be Amended as Necessary
B – Listed Events
C –Template of Information to be included in the Staff Report Transmitting Official Statement by
General Manager to Board of Directors
Board Policy 3.06 Page 1 of 7
Purpose
Whenever the District makes statements or releases information relating to its finances to the public
that are reasonably expected to reach investors and the trading markets (including, without limitation,
all Listed Event Notices, statements in the audited Financial Statements, and other financial reports and
statements of the District), the District is obligated to ensure that such statements and information are
complete, true, and accurate in all material respects.
The disclosure policies and procedures contained herein (the “Disclosure Procedures”) of the
Midpeninsula Regional Open Space District (the “District”) are intended to ensure that the District’s
disclosure documents (the “Disclosure Documents”), as listed on Attachment A to these Disclosure
Procedures, are complete, true, and accurate in all material respects, and in compliance with applicable
federal and state securities laws.
Policy
Article I: Key Participants and Responsibilities
Section 1.01. Disclosure Working Group.
(A) Composition. By adoption of these Disclosure Procedures, the District hereby
establishes a disclosure working group (the “Disclosure Working Group”). The members of the
Disclosure Working Group shall be the following:
i. General Manager;
ii. Chief Financial Officer
iii. Controller; and
iv. General Counsel.
(B) Responsibilities. The Disclosure Working Group shall consult with the Financing Group
(as defined in Section 1.03) and other interested parties as necessary or helpful. The Disclosure Working
Group shall meet as often as necessary to fulfill its obligations, but not less than once per calendar year.
Members of the Disclosure Working Group may participate in meetings by telephone.
Attachment 1
Board Policy 3.06 Page 2 of 7
The Disclosure Working Group is responsible for:
i. Reviewing and approving all preliminary and final official statements, private
placement memoranda and remarketing memoranda relating to the District’s
securities, together with any supplements, for which a continuing disclosure
undertaking is required (each, an “Official Statement”) as further described in
Article II, before such documents are released to the public;
ii. Reviewing and approving the District’s Financial Statements (as defined and further
described in Section 3.02 below);
iii. Reviewing and approving any other Disclosure Documents before such documents
are released;
iv. Reviewing annually the District’s status and compliance with continuing disclosure
undertakings including filings of Disclosure Documents and compliance with these
Disclosure Procedures and the annual financial report as described in Article III
below;
v. Reviewing any other items referred to the Disclosure Working Group; and
vi. Evaluating the effectiveness of these Disclosure Procedures and approving changes
to these Disclosure Procedures as further described in Section 5.04 of this Policy.
(C) Determination of Disclosure Document Status. Whether or not a particular document or
other communication is a Disclosure Document shall be determined by the Disclosure Working Group.
At its initial meeting, the Disclosure Working Group shall establish a list of the District’s recurring
Disclosure Documents, which list shall be added to Attachment A to these Disclosure Procedures to the
extent such documents are not already contained therein. The Disclosure Working Group shall update
Attachment A to these Disclosure Procedures when appropriate.
(D) Review and Approval. Following receipt of a Disclosure Document from the disclosure
coordinator (the “Disclosure Coordinator”), the Disclosure Working Group shall review the Disclosure
Document for accuracy and compliance with federal and state securities laws, direct questions tof the
Disclosure Coordinator, and approve a substantially final form of the Disclosure Document, which
approval may be evidenced by an email transmitted to the Disclosure Coordinator by the General
Manager or his/her designee and a copy of which email shall be printed and maintained in the Deal File
described in Section 5.01, or by such other written evidence.
The Disclosure Coordinator shall consult with the District’s disclosure counsel to the extent the
Disclosure Coordinator considers appropriate to perform his or her responsibilities.
Section 1.02. Disclosure Coordinator.
(A) Appointment. The Finance Manager is appointed as the Disclosure Coordinator. If the
position of Finance Manager is vacant, the Chief Financial Officer, in consultation with the other
members of the Disclosure Working Group, shall select and appoint the Disclosure Coordinator.
(B) Responsibilities. The Disclosure Coordinator shall be responsible for:
Attachment 1
Board Policy 3.06 Page 3 of 7
i. Serving as a “point person” for personnel to communicate issues or information that
should be or may need to be included in any Disclosure Document, identifying
District personnel that will assist in preparing and reviewing the Disclosure
Documents (the “Contributors”);
ii. Reviewing annually all continuing disclosure undertakings, preparing a checklist of
updated information to be provided;
iii. Recommending changes to these Disclosure Procedures to the Disclosure Working
Group as deemed necessary or appropriate;
iv. Communicating with third parties, including coordination with outside consultants
assisting the District in preparing and disseminating Disclosure Documents to make
sure that assigned tasks are completed timely, and that the filings are accurate and
made timely;
v. Soliciting “material” information (as defined for purposes of federal securities law)
from District departments to prepare Disclosure Documents;
vi. Monitoring compliance by the District with these Disclosure Procedures, including
timely dissemination of the Annual Report and Listed Event filings, and maintaining
records documenting the District’s compliance with these Disclosure Procedures;
vii. Determining when Disclosure Documents are final and ready for review by the
Disclosure Working Group to the extent required by these Disclosure Procedures;
and
viii. Identifying District personnel that should receive disclosure training, and ensuring
compliance with training procedures described in Section 1.02(C).
The Disclosure Coordinator is authorized to file or cause to be filed the following documents
with the Municipal Securities Rulemaking Board (the “MSRB”), without prior review and approval of the
Disclosure Working Group, but only after prior review and approval from the Chief Financial Officer:
those Disclosure Documents that (i) the District is contractually obligated to file with the MSRB pursuant
to written undertakings as a result of the occurrence of a Listed Event (as defined in Attachment B), or
(ii) as a result of the failure to timely file the required annual financial report.
(C) Training. The Disclosure Coordinator shall arrange for annual disclosure training conducted
by the District’s disclosure counsel with the assistance of the General Counsel, for the Board of Directors
members, the Disclosure Working Group, and Contributors. Such training sessions shall include
education on these Disclosure Procedures, the District’s disclosure obligations under applicable federal
and state securities laws, and the disclosure responsibilities and potential liabilities of members of
District staff and members of the Board of Directors. Such training sessions may be conducted using a
recorded presentation.
Each member of the Board of Directors, and new members of the Finance Department shall be
required to participate in disclosure training as part of his or her new member orientation.
Section 1.03. Financing Group.
Attachment 1
Board Policy 3.06 Page 4 of 7
General. The General Manager or his/her designee shall identify a Financing Group (the
“Financing Group”) for each financing (the composition of which may differ for each financing), which
shall include, at a minimum, the following individuals:
i. Disclosure Working Group;
ii. Disclosure Coordinator;
iii. The District’s bond counsel and disclosure counsel;
iv. The District’s financial advisor (if any);
v. The District’s underwriter, placement agent, remarketing agent (as applicable);
vi. The District’s dissemination agent (if any);
vii. Such other such District staff as the General Manger or his/her designee determines
to be appropriate; and
viii. Such other consultants retained by the District as the General Manager or his/her
designee determines to be appropriate.
It is the District’s policy to establish continuing working relationships with professional advisors
with expertise in the area of public finance and federal securities laws applicable to the issuance of
securities by the District.
Article II: Review and Approval of Official Statements
Section 2.01. Responsibilities of Financing Group. The Financing Group shall prepare the Official
Statement
and confirm that the Official Statement: (a) has been reviewed and accurately states all
information relating to the District, (b) confirm that any information in the Official Statement other than
the information described in the previous clause (a) will be addressed by a closing certificate or opinion
by an appropriate person, (c) contains a description of any failures of the District during the last five yars
to comply with its continuing disclosure undertakings; and (d) is in substantially final form and is in a
form ready to be “substantially final” by the Board of Directors, as evidenced by a Certificate executed
and delivered by a member of the Financing Group pursuant to Rule 15c2-12, promulgated by the
Securities and Exchange Commission. The Financing Group shall have at least one all-hands meeting or
conference call to review the Official Statement.
Section 2.02. Responsibilities of General Counsel. The General Counsel (or a designee) shall review
the Official Statement and shall draft for the Official Statement descriptions of (i) any material current,
pending or threatened litigation, (ii) any material settlements or court orders and (iii) any other legal
issues that are material information for purposes of the Official Statement.
Section 2.03. Responsibilities of Controller and Chief Financial Officer. The Controller and Chief
Financial Officer shall review the Official Statement, identify any material difference in presentation of
financial information from the Financial Statements and ensure there are no misstatements or
Attachment 1
Board Policy 3.06 Page 5 of 7
omissions of material information in any sections that contain descriptions of information prepared by
the Controller and/or Chief Financial Officer or other Contributors or of relevance to the finances of the
District.
In addition, the Controller and/or Chief Financial Officer shall determine whether the District’s
then-available Financial Statements are appropriate to be included in the Official Statement and
whether to seek the consent of the District’s auditor to include the Financial Statements in the Official
Statement.
Section 2.04. Review by Disclosure Working Group. Following receipt of the Official Statement from
the Financing Group, the Disclosure Working Group shall evaluate the Official Statement for accuracy
and compliance with federal and state securities laws, and shall, have an opportunity to ask questions of
the Financing Group and of any Contributor or other person who reviewed or drafted any section of the
Official Statement. The Disclosure Working Group may direct or request revisions and/or may instruct
the Financing Group to solicit contributions from additional Contributors, as they deem necessary or
appropriate.
Section 2.05. Approval by Disclosure Working Group. Approval of the Official Statement by the
Disclosure Working Group shall be evidenced by delivery of the Official Statement to the General
Manager for docketing for a meeting of the Board of Directors as provided in Section 2.07.
Section 2.06. Submission of Official Statements to Board of Directors for Approval. As part of the
docketing process, the General Manager shall submit all Preliminary Official Statements to the Board of
Directors for approval using a staff report that includes the information in the template attached as
Attachment C to these Disclosure Procedures. The approval of an Official Statement by the Board of
Directors shall be docketed as a new business matter and shall not be approved as a consent item. The
Board of Directors shall undertake such review as deemed necessary, following consultation with the
Controller, to fulfill the responsibilities of the Board of Directors under applicable federal and state
securities laws. In this regard, the Controller shall consult with the District’s disclosure counsel to the
extent necessary.
Article III: Continuing Disclosure Filings
Section 3.01. Overview. Under the continuing disclosure undertakings the District has entered into in
connection with its debt offerings, the District is required each year to file Annual Reports with the
Electronic Municipal Market Access (“EMMA”) system maintained by the MSRB in accordance with such
undertakings. Such Annual Reports are required to include certain updated financial and operating
information, and the District’s audited financial statements.
The District is also required under its continuing disclosure undertakings to file notices of certain
events (as summarized in Attachment B to these Disclosure Prodcedures) with EMMA.
Section 3.02. Financial Statements. The Chief Financial Officer shall submit the District’s audited
financial statements (“Financial Statements”), as they are available, to the Disclosure Working Group.
The Disclosure Working Group shall review the audited Financial Statements according to these
Disclosure Procedures and, when reviewed and approved for disclosure, shall transmit the audited
Financial Statements to the Board of Directors.
Attachment 1
Board Policy 3.06 Page 6 of 7
If the District does not have audited Financial Statements available in time to file the Annual
Report, the Chief Financial Officer shall submit the District’s unaudited financial statements as provided
in each specific continuing disclosure undertaking.
Section 3.03. Annual Reports. The Disclosure Coordinator shall ensure that the preparation of the
District’s Annual Report shall commence in enough time so that they are filed no later than 210 days
following the end of the fiscal year of the District, or as otherwise required under each specific
continuing disclosure undertaking. Before any Annual Report is submitted to EMMA, the Disclosure
Coordinator shall review outstanding continuing disclosure undertakings, prepare a checklist of
information to be updated, supervise the preparation of the Annual Report, and confer with the
Disclosure Working Group as needed regarding the content and accuracy of any such report.
Section 3.04. Disclosure of Listed Events. Pursuant to Rule 15c2-12(b)(5)(i)(C), the District is obligated
to disclose to the MSRB notice of certain specified events with respect to the District’s securities (a
“Listed Event”). Each member of the Disclosure Working Group shall notify the other members of the
Disclosure Working Group if he or she becomes aware of the occurrence of any of the Listed Events
listed in the District’s continuing disclosure undertakings. The Disclosure Working Group may meet to
discuss the event and to determine, in consultation with disclosure counsel to the extent determined by
the Disclosure Coordinator, whether a filing is required or is otherwise desirable. If such a filing is
deemed necessary, the Disclosure Coordinator shall cause a notice of the Listed Event (a “Listed Event
Notice”) that complies with Rule 15c2-12 to be prepared, and the Disclosure Coordinator shall file or
cause to be filed the Listed Event Notice as required by Rule 15c2-12.
Article IV: Public Statements Regarding Financial Information
Section 4.01. Financial Information. Whenever the District makes statements or releases information
relating to its finances to the public that are reasonably expected to reach investors and the trading
markets (including, without limitation, all Listed Event Notices, statements in the audited Financial
Statements, and other financial reports and statements of the District), the District is obligated to
ensure that such statements and information are complete, true, and accurate in all material respects.
The Chief Financial Officer shall have primary responsibility for ensuring that such financial statements
and information are accurate and not misleading in any material respect.
Article V: Miscellaneous
Section 5.01. Documents to be Retained. The Disclosure Coordinator, working with the District Clerk
as needed, shall be responsible for retaining records demonstrating compliance with these Disclosure
Procedures. The Disclosure Coordinator shall retain an electronic or paper file (“Deal File”) for each
Annual Report and notice of Listed Events filed or caused to be filed by the District. Each Deal File shall
include final versions of Disclosure Documents, the transcript of proceedings prepared in connection
with the issuance of financial instruments. The Deal File shall be maintained in a central depository for a
period equal to the later of the date of maturity or defeasance of the securities referenced in the
Disclosure Document.
Section 5.02. Waivers. In addition to the General Manager’s authority to adopt an Administrative
Procedure to make this Board Policy more specific, any provision of this Board Policy or any related
administrative procedure may be waived at any time by the General Manager, with the written
confirmation to the members of the Disclosure Working Group. This authority to waive a provision of
this policy is triggered only if such waiver is necessary for timely and effective compliance with
disclosure laws. Any waivers made under this provision shall be reported to the Board of Directors, with
Attachment 1
Board Policy 3.06 Page 7 of 7
conforming revisions recommended for the Board’s consideration at the next update of this Board Policy
and no later than within three months of implementation of such waiver.
Attachment 1
Board Policy 3.06(a)
Board Policy 3.06
ATTACHMENT A
LIST OF DISCLOSURE DOCUMENTS, TO BE AMENDED AS NECESSARY
1. Preliminary and final official statements, private placement memoranda and remarketing
memoranda relating to the District’s securities, together with any supplements.
2. Financial Statements.
3. Filings made by the District with the Municipal Securities Rulemaking Board, whether made
pursuant to a continuing disclosure undertaking to which the District is a party or otherwise.
4. Press releases and other information distributed by or on behalf of the District for public
dissemination to the extent that such releases are reasonably expected, in the determination
of the Disclosure Working Group, to reach investors and the trading markets for municipal
securities.
5. Rating agency presentations.
6. Postings on the investor information section of the District’s website, if any.
7. Such portions of the District’s published adopted annual budget as the Disclosure Working
Group determines to be appropriate.
8. Any other communications that are reasonably expected, in the determination of the
Disclosure Working Group, to reach investors and the trading markets for municipal
securities.
Amendments:
[Date]
Attachment 1
Board Policy 3.06(b)
Board Policy 3.06
ATTACHMENT B
LISTED EVENTS
Occurrence of any of the following events require the District to make a filing on EMMA within ten
(10) business days of their occurrence:
1. principal and interest payment delinquencies
2. unscheduled draws on debt service reserves reflecting financial difficulty
3. unscheduled draws on credit enhancements reflecting financial difficulty
4. substitution of credit or liquidity providers, or their failure to perform
5. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final
determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other events affecting
the tax-exempt status of the security
6. tender offers
7. defeasances
8. rating changes
9. bankruptcy, insolvency, receivership or similar event of the obligated person
The occurrence if any of the following events require the District to file a notice on EMMA within ten
(10 days after their occurrence, if they are determined to be material by the Disclosure Working Group:
1. non-payment related defaults
2. modifications to the rights of security holders
3. bond calls
4. release, substitution or sale of property securing repayments of the securities
5. the consummation of a merger, consolidation, or acquisition involving an obligated person or the
sale of all or substantially all of the assets of the obligated person, other than in the ordinary course
of business, the entry into a definitive agreement to undertake such an action or the termination of a
definitive agreement relating to any such actions, other than pursuant to its terms
6. appointment of a successor or additional trustee or the change of name of a trustee
Attachment 1
Board Policy 3.06(d)
Board Policy 3.06
ATTACHMENT C
Information to be Included in the Staff Report Transmitting
Official Statement by General Manager to Board of Directors
Transmittal staff report shall include, but is not limited to, the following information:
The attached Preliminary Official Statement has been reviewed and approved for transmittal to
the Board by the District’s Disclosure Working Group. The distribution of the Preliminary Official
Statement by the District is subject to federal securities laws, including the Securities Act of 1933 and the
Securities Exchange Act of 1934. These laws require the Preliminary Official Statement to include all facts
that would be material to an investor in the Obligations. Material information is information that there is
a substantial likelihood would have actual significance in the deliberations of the reasonable investor
when deciding whether to buy or sell the Obligations. If the Board of Directors concludes that the
Preliminary Official Statement includes all facts that would be material to an investor in the Obligations,
it must adopt a resolution that authorizes staff to execute a certificate to the effect that the Preliminary
Official Statement has been “deemed final.”
The Securities and Exchange Commission (the “SEC”), the agency with regulatory authority over
the District’s compliance with the federal securities laws, has issued guidance as to the duties of the
elected body with respect to its approval of the Preliminary Official Statement. In its “Report of
Investigation in the Matter of County of Orange, California as it Relates to the Conduct of the Members
of the Board of Supervisors” (Release No. 36761 / January 24, 1996) (the “Release”), the SEC stated that,
if a member of the elected body has knowledge of any facts or circumstances that an investor would want
to know about prior to investing in the Obligations, whether relating to their repayment, tax-exempt
status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor
to discover whether such facts are adequately disclosed in the Preliminary Official Statement. In the
Release, the SEC stated that the steps that a member of the elected body take include becoming familiar
with the Preliminary Official Statement and questioning staff and consultants about the disclosure of such
facts.
Section 1. Purpose of Financing.
Section 2. Documents for Approval; Security for the Obligations.
Section 3. Risks Relating to Repayment and Tax-Exempt Status of the Obligations.
Section 4. Requested Approvals.
Attachment 1
November 18, 2020
Board Meeting 20-27
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, November 4, 2020
The Board of Directors conducted this meeting in accordance with California Governor
Newsom’s Executive Order N-29-20. All Board members and staff participated via
teleconference.
DRAFT MINUTES
SPECIAL MEETING
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 5:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Chief Financial Officer Stefan Jaskulak, Public Affairs Manager
Kori Skinner, Public Affairs Specialist II Cydney Bieber
President Holman announced this meeting is being held in accordance with Governor Newsom’s
Executive Order allowing Board members to participate remotely. The District has done its best
to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide
comment. The public has the opportunity to comment on the agenda, and the opportunity to
listen to this meeting through the internet or via telephone. This information can be found on the
meeting agenda, which was physically posted at the District’s Administrative Office, and on the
District website. President Holman described the process and protocols for the meeting.
1. Website Structural Upgrade and Design Refresh Project Update (R-20-132)
General Manager Ana Ruiz commented on the website upgrades possible using a new platform
that will allow for more functionality and graphics.
Public Affairs Manager Kori Skinner provided additional information on the ability of the new
website to improve functionality for mobile users and to follow best management practices.
Meeting 20-27 Page 2
Public Affairs Specialist II Cydney Bieber provided the staff presentation describing the
technological needs for the updated website to continue to allow for security updates. The
website was last updated in 2015, and the upgrades will allow for new interactive features and
graphics. Due to the high number of mobile users, the new website structure will be better
viewed on mobile devices. Ms. Bieber described the design process to represent potential site
users and interview website stakeholders. The website layout will be designed to meet the needs
of community members, create pathways to encourage exploration, and have an increased ability
to incorporate photos, graphics, and video. Ms. Bieber displayed various pages from the current
District website and explained how these will be updated in the upgraded website.
Director Kishimoto requested clarification regarding the search function for the District’s
website and whether the public will be able to search for Board meeting documents, meeting
minutes, etc.
District Clerk Jennifer Woodworth reported as a part of the records management program and
selection of an electronic document management system, past District records will be digitized
and accessible from the District’s website. The vendor for the electronic document management
system will be selected in early 2021, and following implementation of the document
management system staff will work to integrate the District’s records and ability to search the
records within the website.
Director Kishimoto inquired regarding including links to outside sites, such as trail reviews, from
the District’s website.
Public Affairs Manager Kori Skinner commented the District does not have a way to monitor
outside website to ensure the information is accurate, so the types of links that would be
provided are limited.
Director Riffle suggested linking to other partner organizations which may help users locate
open space areas to visit even when not a part of the District’s preserves.
Ms. Skinner reported the District created a page on the site related to regional open space options
to help guide visitors to various options for visiting open space.
President Holman suggested making this regional page more prominent on the District’s website.
President Holman inquired regarding the possibility of members of the public to opt into alerts
from the District, such if a preserve were closed due to an emergency.
Ms. Skinner stated this functionality is being included in the website to allow visitors to opt into
notifications, such as for public meetings, but currently it is not planned for public safety alerts.
Public comment opened at 5:57 p.m.
District Clerk Jennifer Woodworth reported no public comments were submitted for this item.
Public comment closed at 5:57 p.m.
No Board action required.
Meeting 20-27 Page 3
ADJOURNMENT
President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 5:58 p.m.
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
President Holman announced the Board would convene into closed session at 6:01 p.m.
District Clerk Jennifer Woodworth reported no public comments were submitted for the closed
session items.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: Human Resources Manager Candice Basnight and Outside Counsel Gary
Baum
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: General Counsel
General Manager
CONFERENCE WITH LABOR NEGOTIATORS. Government Code Section
54957.6
Agency designated representatives: Board Appointee Evaluation Committee (Directors Holman,
Riffle, and Siemens)
Unrepresented Employees: General Counsel
General Manager
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code
Section 54957(b)(1)
Title of Employee: General Manager
ADJOURNMENT
President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:02 p.m.
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
President Holman called the special meeting of the Midpeninsula Regional Open Space District
to order at 7:14 p.m.
Meeting 20-27 Page 4
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko
Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Assistant General Manager Susanna
Chan, Chief Financial Officer Stefan Jaskulak, Budget & Analysis
Manager Mike Bower, Public Affairs Manager Kori Skinner, Public
Affairs Specialist II Leigh Ann Gessner, Natural Resources Manager Kirk
Lenington, Senior Resource Management Specialist Coty Sifuentes-
Winter, IPM Coordinator Tom Reyes, Grants Program Manager Deborah
Hirst, Land & Facilities Manager Brandon Stewart, Senior Property
Management Specialist Omar Smith, Engineering & Construction
Manager Jason Lin, Senior Capital Project Manager Tanisha Werner,
Chief Ranger Matt Anderson, Management Analyst II Deborah Bazar,
District Clerk Jennifer Woodworth announced this meeting is being held in accordance with
Governor Newsom’s Executive Order allowing Board members to participate remotely. The
District has done its best to conduct a meeting where everyone has an opportunity to listen to the
meeting and to provide comment. The public has the opportunity to comment on the agenda, and
the opportunity to listen to this meeting through the internet or via telephone. This information
can be found on the meeting agenda, which was physically posted at the District’s
Administrative Office, and on the District website. Ms. Woodworth described the process and
protocols for the meeting.
REPORT OUT OF CLOSED SESSION
President Holman stated there was no reportable action taken in closed session.
ORAL COMMUNICATIONS
Ms. Woodworth read the submitted public comments into the record.
John Kunz shared comments in support of allowing Class 1 e-bikes on District trails, at least for
senior citizens.
Keith Kelsen commented on a recent protest he organized in support of allowing e-bikes on
District trails and shared information gathered from those participating in the protest. Mr. Kelsen
stated the impact of e-bikes is similar to those of standard mountain bikes and encouraged the
District to open trails to e-bikes.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Cyr seconded the motion to adopt the agenda.
ROLL CALL VOTE: 7-0-0
Meeting 20-27 Page 5
SPECIAL ORDER OF THE DAY
• Introduction of Staff
o Cindy Chu, Risk Management Analyst
CONSENT CALENDAR
Public comment opened at 7:22 p.m.
District Clerk Jennifer Woodworth read the submitted public comments into the record.
Tom Calderwood shared comments in support of Item 5 regarding invasive species treatment. He
also stated more focus should be placed on removing non-native eucalyptus trees; replacing
removed invasive species with trees suitable to the locations; and involving District Advanced
Resource Management Stewards (ARMs) volunteers with habitat restoration.
Public comment closed at 7:23 p.m.
Director Siemens pulled Item 6 from the Consent Calendar.
Director Hassett requested clarification regarding Item 8 asking why the District is covering the
cost of the demolition and not the tenant.
General Counsel Hilary Stevenson stated the District’s property insurance applies and covers the
damage and then seeks reimbursement from the tenant’s insurance provider.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve the
Consent Calendar, except for Item 6.
ROLL CALL VOTE:7-0-0
1. Approve October 21, 2020 and November 4, 2020 Minutes
2. Approve Claims List
3. Quarter 1 Proposed Budget Amendments to the Fiscal Year ending June 30, 2021
(R-20-140)
General Manager’s Recommendation: Adopt a resolution approving the proposed Quarter 1
budget amendments for the fiscal year ending June 30, 2021.
4. Award of Contract to EDX Exhibits for the Administrative Office Interpretive
Elements Project (R-20-133)
General Manager’s Recommendation: Authorize the General Manager to enter into a contract with
EDX Exhibits for $78,000 for interpretive planning and design of new public interpretive elements
for the future Administrative Office at 5050 El Camino Real in Los Altos.
Meeting 20-27 Page 6
5. Award of Contract for District-Wide Habitat Enhancement through Invasive
Species Treatment (R-20-135)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Hanford ARC of Petaluma,
California in the amount of $275,000 for one year of invasive species management services.
2. Authorize the General Manager to extend the contract for three additional consecutive years,
if the program achieves specific success criteria, at an annual cost of up to $275,000 for a
total not-to-exceed contract amount of $1,100,000 over the four-year term.
6. Award of Contract with Applied Technology & Science for Planning Services,
Feasibility Assessment, and Preparation of Habitat Restoration Plans within the Irish
Ridge Area of Purisima Creek Redwoods Open Space Preserve (R-20-134)
General Manager’s Recommendation:
1. Authorize the General Manager to contract with Applied Technology & Science (ATS), to
provide Phase I environmental planning and biological consulting services to determine the
feasibility and maximum net natural resource benefits of restoring a section of Purisima
Creek Redwoods Open Space Preserve for a base contract amount of $42,037.
2. If the completion of the Phase I items in the base contract demonstrates high long-term net
natural resources benefits at a reasonable price for the planned restoration work, authorize the
General Manager to amend the contract to complete Phase II habitat restoration plans, for an
additional not-to-exceed amount of $57,230.
3. Authorize a 10% contingency for each Phase of work for a total amount of $9,927 ($4,204
for Phase I and $5,723 for Phase II) to cover unforeseen complexities or additional biological
survey needs, for a grand total contract amount not-to-exceed $109,194.
Item 6 was heard after the Consent Calendar.
Director Siemens inquired regarding the potential cost of providing work at the site to be
determined by the feasibility study.
Senior Resources Management Specialist Coty Sifuentes-Winter explained the feasibility study
will help ensure District funds are spent wisely to provide the best return on investment in
restoring the area.
Director Siemens expressed concern regarding the recommended approach to the project and the
recommendation of a 10% contingency for the contract.
Motion: Director Kishimoto moved, and Director Riffle seconded the motion to approve the
General Manager’s recommendation.
ROLL CALL VOTE:7-0-0
7. Application for Grant Funding from the California Department of Parks and
Recreation’s Proposition 68 Per Capita Grant Program (R-20-136)
General Manager’s Recommendation: Adopt a Resolution authorizing the General Manager to
submit an application for Proposition 68 Per Capita Program grant funding from the California
Meeting 20-27 Page 7
Department of Parks and Recreation and to negotiate a grant funding agreement(s) for
$1,214,590 in Per Capita funding.
8. Award of Contract to TKO General Engineering & Construction for Demolition of
Two Unoccupied, Fire Damaged Accessory Structures and Repair of a Retaining Wall at
895 La Honda Road, Woodside, CA 94026 in Thornewood Open Space Preserve (R-20-137)
General Manager’s Recommendation:
1. Approve the demolition of two fire damaged accessory structures and the replacement of a
retaining wall that sustained extensive fire damage at Thornewood Open Space Preserve and
determine that these actions are categorically exempt under CEQA.
2. Authorize the General Manager to enter into a contract with TKO General Engineering &
Construction, of Woodside, California to complete the structures demolition and retaining
wall repair for a base amount of $49,680.
3. Authorize a 15% contingency of $7,452 to be reserved for unanticipated issues, for a total
not-to-exceed contract amount of $57,132.
9. Award of Contract to Evaluate and Prepare Structural and Engineering Repairs
Options to Repurpose an Existing Structure as Ranger Housing at Sierra Azul Open Space
Preserve (R-20-126)
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with Wiss, Janney, Elstner
Associates, Inc., of Emeryville, California for a base contract amount of $67,500.
2. Authorize a 10% contingency of $6,750 to cover unforeseen conditions for a total contract
amount not-to-exceed $74,250.
BOARD BUSINESS / PUBLIC HEARING
10. Award of Contract with SWCA Environmental Consultants to provide
Environmental Planning, Design, and Technical Analysis for the Feasibility Studies and
Conceptual Designs of the Purisima-to-the-Sea Trail and Parking Area Project (R-20-129)
Senior Planner Gretchen Laustsen provided the staff presentation describing the conceptual trail
connection, described the proposed feasibility study and contract scope, and grant funding
available for the project.
Director Hassett praised the selection of SWCA for this contract due to their knowledge of the
area and reduction of greenhouse gas emissions because they are local.
Director Kishimoto suggested additional trail work could be completed by District staff.
Ms. Laustsen reported District staff will lay out the trail alignment from the parking lot, but due
to the compressed timeline, additional assistance will be needed from consultants to avoid
impacting District workloads.
Ms. Ruiz stated this portion of the work is also being funded by an external grant.
Director Riffle inquired regarding potential impact on agriculture in the area by introducing
public access.
Meeting 20-27 Page 8
Ms. Laustsen reported the study will directly address the effects of public access on agriculture.
Director Cyr stated introducing public access to the area may help visitors better understand the
importance of agriculture.
Director Siemens inquired regarding the conceptual trail alignment and its proximity to the
California Coastal Trail and parking area.
Ms. Laustsen stated that topography of the area and current uses prevent a direct connection to
the Coastal Trail and parking area, so connector trails and crossings will be needed.
Public comment opened at 8:10 p.m.
District Clerk Jennifer Woodworth read the submitted comments into the record.
Jim Sullivan commented in support of allowing bicycle riders to ride from Highway 35 to the
coast on dirt trails and asked the Board to allow bicycles on Irish Ridge Trail.
Ron Sturgeon opposed the project stating the California Coastal Conservancy’s trail alignment
did not cross South Cowell Ranch and instead crosses District property. Mr. Sturgeon opposed
the trail crossing the South Cowell Ranch due to its negative impact on the ranch.
Public comment closed at 8:12 p.m.
Ms. Ruiz stated the District’s policy allows for making regional trails multi-use trails, which the
Board may decide to consider now that the Irish Ridge Trail will be a regional trail.
Real Property Manager Mike Williams commented the trail alignment has not been determined,
and when the Coastal Conservancy considered the grant funding, the District and Peninsula Open
Space Trust had not yet purchased South Cowell Ranch.
Director Kersteen-Tucker spoke in support of considering making the connector trail a multi-use
trail. Director Kersteen-Tucker inquired how the stakeholders will be identified for the public
outreach process.
Ms. Laustsen stated staff will first identify public concerns, including trail use, traffic and safety
concerns, etc., and will then seek public input on these and other topics that may arise.
Director Riffle spoke in support of working with various user groups and also soliciting input
from residents on the coastside and bayside areas of the District.
President Holman suggested separate trails for hiking and cycling use.
Assistant General Manager Brian Malone stated trails can be designed for multi-use, and the
current site has existing constraints that may prevent building two trails.
President Holman commented on the need to balance the public’s interest in visiting the preserve
and the impact on the environment and inquired how this may be weighed at this site.
Meeting 20-27 Page 9
Planning Manager Jane Mark stated the Science Advisory Panel plans to study this topic to better
understand recreational uses and the effects on natural resources, which can inform the District’s
design of parking capacity.
Motion: Director Kersteen-Tucker moved, and Director Siemens seconded the motion to:
1. Authorize the General Manager to enter into a contract with SWCA Environmental
Consultants of Half Moon Bay, CA to complete the Feasibility Studies and Conceptual Designs
of the Purisima-to-the-Sea Trail and Parking Area Project for a base amount of $261,000.
2. Authorize an approximate 10% contingency of $26,000 to cover unforeseen tasks beyond
the current scope for a total not-to-exceed contract amount of $287,000.
ROLL CALL VOTE: 7-0-0
11. Radio System Assessment Report and Recommendations (R-20-110)
Mr. Malone commented on District staff’s recent work on the CZU fire and the importance of
the radio system to allow staff to properly perform their jobs, often in remote locations.
Management Analyst II Deborah Bazar described the District’s radio system, including radio
tower locations, and the radio system assessment report and finding. The District’s radio system
requires upgrading due to equipment reaching end of life, equipment that is outdated, and
coverage issues on District lands.
Greg Forrest with Forrest Telecom Engineering, Inc., further outlined the findings of the radio
system assessment report and provided recommendations needed to maintain a reliable and
operational radio system. Additional recommended actions will improve coverage and further
enhance performance and reliability.
Ms. Bazar described the costs for the required and recommended items.
The Board members requested and received clarification regarding various aspects of the
District’s radio system.
Director Siemens commented the analog administrative radio system is also outdated and should
be converted to a digital system when the patrol system is upgraded to a digital system.
Mr. Forrest stated he does not see a downside to upgrading the District’s administrative radio
system to a digital system.
Director Riffle inquired regarding the life of the proposed upgraded system.
Mr. Forrest reported the typical useful life of a system is approximately ten to fifteen years.
Members of the Board spoke in support of upgrading the administrative radio system to a digital
system.
President Holman inquired regarding the cost of software upgrades to the system and whether
they would be included in the purchase.
Meeting 20-27 Page 10
Mr. Forrest stated most manufacturers will include two to three years of firmware upgrades in
the purchase with options to purchase additional years of support.
President Holman asked staff to include the costs of technical support and firmware upgrades
when the contract returns for Board approval.
President Holman suggested the District’s old equipment be provided to another organization or
agency that would be able to use it rather than it being sold as surplus electrical equipment.
Public comment opened at 9:44 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted to be read
into the record.
Public comment closed at 9:44 p.m.
Motion: Director Siemens moved, and Director Cyr seconded the motion to direct the General
Manager to plan for the implementation of the Radio System upgrade and improvement
recommendations, as presented in the staff report and also include upgrade of the administrative
radio system to a digital system as part of the radio system upgrade, to improve coverage,
reliability, functionality, and compatibility with local emergency response agencies, as well as
address end-of-life concerns that affect the ongoing maintenance and use of the current system at
a total implementation cost over the next two fiscal years estimated at $2.51M.
Friendly Amendment: Director Kishimoto suggested modifying the motion to direct the
General Manager to plan for the implementation of the radio system upgrade because the project
budget will still need to be approved by the Board.
Directors Siemens and Cyr accepted the friendly amendment.
Friendly Amendment: President Holman suggested including direction to staff to provide
information, to the extent feasible, regarding anticipated maintenance costs following
implementation of the radio system upgrades and improvements.
Director Siemens declined to accept the friendly amendment.
Friendly Amendment: President Holman suggested including direction to staff to consider what
other options exist for the District’s current equipment, such as use by other agencies or
organizations, and present those options to the Board when the item returns for Board
consideration.
Directors Siemens and Cyr accepted the friendly amendment.
ROLL CALL VOTE: 7-0-0
12. First Reading of the Board Compensation Ordinance (R-20-139)
General Counsel Hilary Stevenson provided the staff presentation describing the history of Board
compensation and similar actions taken by other agencies. Ms. Stevenson outlined the
Meeting 20-27 Page 11
regulations and procedures required for this item, including publishing notice of the item twice in
a newspaper, holding a public hearing, and the ordinance going into effect sixty days after
adoption.
Director Siemens requested clarification regarding the classification of the Board members by
the IRS as employees and the impacts of that classification.
Ms. Stevenson stated this topic may be better discussed at the Board’s January meeting as part of
the annual discussion of the number of monthly meetings to be compensated.
Director Riffle stated the Board’s raise should be consistent with raises provided to staff, which
is 3%.
Director Hassett stated the Board’s compensation should be allowed to catch up to a reasonable
rate, after which the increase can be 3%.
Director Kersteen-Tucker stated the Board’s compensation may be an important incentive to help
support diversity of those serving on the Board and future Board members may rely on that
compensation to serve on the Board.
President Holman commented that compensation may make the option to serve a more viable
option for potential Board members to serve on the Board.
Director Kishimoto stated her support for increasing Board compensation by 5%, and at a later
date the Board may want to consider which meetings and events are compensable.
Public hearing opened at 10:11 p.m.
District Clerk Jennifer Woodworth announced no public comments were submitted to be read
into the record.
Public comment closed at 10:11 p.m.
Motion: Director Siemens moved, and Director Siemens seconded the motion to:
1. Waive reading and introduce an ordinance increasing Board compensation from $100.00 to
$105.00 per meeting pursuant to Public Resources Code section 5536.
2. Hold a public hearing on the proposed ordinance.
3. Direct the General Manager and General Counsel to prepare the ordinance for second reading
at the December 9, 2020 Board meeting.
ROLL CALL VOTE: 7-0-0
Director Hassett commented that the District could look at comparable agencies with similar
numbers of meetings per year to help determine the “market rate” of Board compensation.
INFORMATIONAL MEMORANDUM
• Administrative Office Project – Contractor Pre-Qualification Process
Meeting 20-27 Page 12
Director Hassett spoke in favor of using a local contractor for the project.
INFORMATIONAL REPORTS
A. Committee Reports
Director Kersteen-Tucker reported the Legislative, Funding, and Public Affairs Committee
(LFPAC) met yesterday to discuss the scope of the 50th Anniversary celebration and events and
the proposed funding agreements with the Umunhum Conservancy and Stephen C. Schott for
funding repairs of the Mt. Umunhum Radar Tower.
B. Staff Reports
District Clerk Jennifer Woodworth announced staff will be sending the Board members
information regarding required harassment prevention training and asked the Board members to
complete the training by January 31, 2021.
Mr. Malone provided an update on the LFPAC discussion regarding a donation by the Umunhum
Conservancy. Mr. Malone announced the Kennedy Trail at Sierra Azul will be closed on
Thanksgiving to discourage gathering by visitors for an annual bike ride that occurs, which is
inconsistent with current COVID-19 protocols.
Assistant General Manager Susanna Chan provided an update on the Rancho San Antonio
stakeholder meetings regarding the Rancho San Antonio multimodal study project.
Ms. Ruiz reported the Saratoga to the Skyline Trail grand opening video has been posted to the
City of Saratoga’s website and invited the Board to view the video.
C. Director Reports
Director Kishimoto announced she plans to pursue the special district delegate position on the
Santa Clara LAFCO Board of Directors and requested the Board’s support.
ADJOURNMENT
President Holman adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 10:37 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 20-29
MEETING DATE: December 09, 2020 Fiscal Year 19-20 EFT:57.86%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment Amount
2635 EFT 12/04/2020 12111 - Agbayani Construction Corporation South Area Field Office Renovation Project - October 2020 571,730.58
2617 EFT 11/27/2020 11998 - Hanford Applied Restoration & Conservation Mindego Ranch Ponds Enhancement Project - October 2020 258,087.24
2628 EFT 11/27/2020 11303 - Santa Clara County FireSafe Council Los Trancos Page Mill Road Eucalyptus Removal Project - 5/1/20 - 9/30/20 198,050.80
2588 EFT 11/20/2020 12086 - Coastwide Environmental Technologies, Inc.Alma Demolition and Abatement Project - September 2020 136,325.00
2638 EFT 12/04/2020 11457 - Andreini Brothers Inc ADA Barrier Removal Project thru 10/31/20 115,055.11
2623 EFT 11/27/2020 12146 - Paine Construction Inc.Repainting of Red Barn 47,000.00
2613 EFT 11/27/2020 11238 - CXT Incorporated ADA Barrier Removal Project CXT Vault Restrooms 41,437.00
2608 EFT 11/27/2020 *12052 - 4984 EL Camino LLC A02/A03/A04 Rent - December 2020 36,678.00
2599 EFT 11/20/2020 12013 - Rincon Consultants, Inc.Madonna Creek Ranch Remediation - 8/1/20 - 9/30/20 31,069.17
2627 EFT 11/27/2020 11432 - San Mateo County Resource Conserv. Dist.Santa Cruz Mountain Stewardship Network Payment 20-21 30,000.00
2652 EFT 12/04/2020 12020 - Panorama Environmental, Inc.CEQA: Prescribed Fire Program Development - October 2020 29,016.25
2654 EFT 12/04/2020 11523 - PGA Design, Inc.Alma Cultural Landscape Rehab Plan / Hawthorns Public Acess - thru October 2020 26,614.76
2598 EFT 11/20/2020 11241 - Questa Engineering Corp.Design and Permitting Work for BCR Phase II Trails - September 2020 23,787.50
2611 EFT 11/27/2020 11898 - Bay Area Tree Specialists Eucalyptus Removal near Sequoias (5)20,900.00
2642 EFT 12/04/2020 10546 - Ecological Concerns, Inc.Habitat Enhancements at Fremont Older & Picchetti Ranch - October 2020 18,751.90
81491 Check 11/13/2020 11772 - Ahern Rentals, Inc.Equipment Rentals - JD650 Dozer/Roller/Excavator - 9/21/20 - 10/27/20 18,179.30
81514 Check 11/27/2020 10463 - Dell Business Credit 6 monitors, 2 rugged laptops & 6 normal laptops 17,920.67
2616 EFT 11/27/2020 11593 - H.T. Harvey & Associates Alma College Bat Surveys - thru September 30, 2020 17,771.25
2610 EFT 11/27/2020 11470 - AECOM Technical Services Inc Hwy 17 Wildlife & Regional Trail Crossings & Trail Connections - 8/29/20 - 9/25/20 17,396.25
2620 EFT 11/27/2020 10064 - MCB Remodeling LLC Upgrades between Tenants at Mora B 17,250.00
2612 EFT 11/27/2020 10012 - Biosearch Environmental Consulting Bio On-Call, Task 3, Mindego Ponds Project - 8/1/20 - 10/31/20 14,455.10
2587 EFT 11/13/2020 *10216 - Valley Oil Company Fuel for District Vehicles 13,283.81
2629 EFT 11/27/2020 12142 - Shellco General Contractor Inc DHF White Barn Structural Stabilization Project - October 2020 11,875.00
2615 EFT 11/27/2020 10005 - Grassroots Ecology Cooley Landing Native Planting Additional Work - 7/1/20 - 10/30/20 10,412.44
2646 EFT 12/04/2020 11906 - Law Offices of Gary M. Baum Legal Counsel Services / Legal Services South Cowell - October 2020 10,118.50
2647 EFT 12/04/2020 10791 - LSA Associates, Inc.CEQA & Regulatory Permit/Alternatives Analysis RWQCB Permit/Architectural Monitoring 9,506.50
2582 EFT 11/13/2020 12107 - San Francisco Estuary Institute Science Advisory Panel - September 2020 8,928.18
2568 EFT 11/13/2020 11898 - Bay Area Tree Specialists Tree Service - Prune and Remove Tan Oaks (3) / IPM Eucalyptus Tree Removal (7)8,600.00
81529 Check 12/04/2020 11588 - RONALD SEEVER Construction - Livestock Fence - Mindego Lake Habitat Protection 8,350.00
2573 EFT 11/13/2020 11748 - Environmental & Energy Consulting State Legislative Consulting & Lobbying - October 2020 7,860.41
2619 EFT 11/27/2020 10452 - Ifland Survey Right-of -Way Survey Services for Alpine Road 7,510.00
81530 Check 12/04/2020 10102 - Shute, Mihaly & Weinberger LLP Wildland Fire Environmental Impact Report - August 2020 6,995.00
81492 Check 11/13/2020 11386 - Bob Murray & Associates L&F Manager Recruitment 6,651.35
2657 EFT 12/04/2020 12107 - San Francisco Estuary Institute Stevens Creek Shoreline Nature Study Area Feasibility Study - 8/1/20 - 9/30/20 6,535.89
2653 EFT 12/04/2020 11823 - Periscope Intermediate Corporation BidSync source hosted eProcurement solution - 11/28/20 - 11/27/21 6,489.00
2607 EFT 11/20/2020 12050 - Wiss, Janney, Elstner Associates, Inc.DHF White Barn Structural Stabilization - thru 9/27/30 6,338.75
2656 EFT 12/04/2020 10099 - San Francisco Bay Bird Observatory American Badger & Burrowing Owl Habitat Suitability Study - 9/1/20 - 10/31/20 6,253.30
2645 EFT 12/04/2020 11593 - H.T. Harvey & Associates Alma College Bat Relocation & Habitat Replacement thru 10/31/20 6,252.33
2584 EFT 11/13/2020 12117 - Signet Testing Laboratories, Inc.SAO Special Inspection Services - 8/31/20 - 9/11/20 6,161.58
2578 EFT 11/13/2020 10031 - Mills Design Updates to Measure AA poster/Covid-19 Safety Signs/Summer Newsletter/Preserve Signs 5,333.75
81525 Check 12/04/2020 10466 - BAY AREA RIDGE TRAIL COUNCIL 2020-2021 Bay Area Ridge Trail Council Membership 5,000.00
81503 Check 11/20/2020 12010 - Garcia and Associates DH Manure Structure - Archaeological Monitor - 2/26/20 - 7/24/20 4,926.50
2659 EFT 12/04/2020 12082 - Sicular Environmental Consulting La Honda Forest Management Plan - October 2020 4,904.21
2655 EFT 12/04/2020 10295 - Rhus Ridge Association Road Maintenance Agreement (RSA)4,852.48
2593 EFT 11/20/2020 11748 - Environmental & Energy Consulting Consulting & Lobbying - August 2020 4,110.41
2603 EFT 11/20/2020 11055 - Systems for Public Safety Backgrounds for Ranger Candidates 4,000.00
81517 Check 11/27/2020 11141 - Jarvis Fay & Gibson LLP Legal Services Rendered - October 2020 3,682.50
2648 EFT 12/04/2020 11617 - MIG, Inc.ADA Plan Update - 8/1/20 - 9/30/20 3,272.50
81515 Check 11/27/2020 11701 - Eric Gouldsberry Art Direction Design and Production of 2019-20 BOC Guide / PAFR/CAFR 3,262.50
2597 EFT 11/20/2020 *10211 - Public Policy Advocates 2020 Monthly Fee - Legislative Advocacy Services for October 2020 3,230.00
81532 Check 12/04/2020 *10309 - Verizon Wireless Wireless - 10/13/20 - 11/12/20 3,115.68
2572 EFT 11/13/2020 10032 - Del Rey Building Maintenance Janitorial Services for AO, SAO, SFO, FFO, CAO 3,020.00
2651 EFT 12/04/2020 12146 - Paine Construction Inc.Patch the roof on the Red Barn 2,999.00
81502 Check 11/20/2020 10027 - CRESCO EQUIPMENT RENTALS SA - Excavator rental for dumpsite clean-up - 10/7/20 - 10/15/20 2,902.68
2660 EFT 12/04/2020 10307 - The Sign Shop Custom & Standard Operation Signs - "No E Bike ", "Fire Lane" - SFO 2,894.00
Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment
security, and ensure quicker receipt by vendors
page 1 of 9
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 20-29
MEETING DATE: December 09, 2020 Fiscal Year 19-20 EFT:57.86%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment Amount
Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment
security, and ensure quicker receipt by vendors
2649 EFT 12/04/2020 10031 - Mills Design Ads for HMB Farmers Market/RW Brochure/E-bike fact sheet 2,775.00
2570 EFT 11/13/2020 10022 - Concern Flat Quarterly Rate 10/01/20 - 12/31/20 2,541.50
81499 Check 11/20/2020 12131 - Bay Area Older Adults, Inc.Ravenswood Open Space Preserve Lunch & Learn - 10/8/20 2,500.00
81521 Check 11/27/2020 10472 - Sandra Sommer CA Riding & Hiking Trail Research & Summary Report Agreement #2 - October 2020 2,479.21
81526 Check 12/04/2020 12153 - California Sport Design LLC Storm Tech Face Masks & carbon filters 2,403.50
2618 EFT 11/27/2020 10222 - Herc Rentals, Inc.Rental of Road Rock Roller/Compactor (BCR) - 10/16/20 - 10/30/20 2,399.51
81512 Check 11/27/2020 11772 - Ahern Rentals, Inc.JD 210 Rental (BCR) - 10/15/20 - 11/12/20 2,392.29
2643 EFT 12/04/2020 10187 - Gardenland Power Equipment New Stihl Pole Pruner, chainsaws for CAO, fuel cans, bar oil & litter pick-up sticks 2,382.73
2606 EFT 11/20/2020 10146 - Tires On The Go Tire Replacement for M227, M33 2,327.00
2639 EFT 12/04/2020 *11799 - Aztec Leasing, Inc.Printer/copier leases - 6 machines - November 2020 2,326.07
2661 EFT 12/04/2020 11914 - W-TRANS BCR Multi-Use Trail Crossings Traffic Studies - October 2020 2,300.00
2636 EFT 12/04/2020 *10128 - American Tower Corporation Repeater Lease - November 2020 2,049.96
2624 EFT 11/27/2020 *10212 - Pinnacle Towers LLC Tower Rental Skeggs Point – November 2020 2,042.30
2622 EFT 11/27/2020 10641 - Overlook Road Maintenance Assn Overlook Road Maintenance Annual Dues (ES)1,949.00
2632 EFT 11/27/2020 10152 - Tadco Supply Janitorial Supplies (RSA&CP)1,793.32
2633 EFT 11/27/2020 11780 - Terry J Martin Associates New South Area Field Office Facility, Campbell - October 2020 1,640.00
2630 EFT 11/27/2020 10302 - Stevens Creek Quarry, Inc.Base Rock for Phase II Trails (BCR)1,639.80
81507 Check 11/20/2020 12138 - San Mateo County Public Works Tabachnik Lot - split 1,500.00
81513 Check 11/27/2020 10843 - City of Los Altos Sewer Service Charge - 1st/2nd Installment 1,458.44
2658 EFT 12/04/2020 10793 - Sherwood Design Engineers Plan Revisions to Address SMC BLDG Permit Comments - thru October 31, 2020 1,402.50
2590 EFT 11/20/2020 11989 - Conifer Creative, Inc.Professional Services - 2021 Wall Calendar - initial design templates, layout, images 1,325.00
2586 EFT 11/13/2020 10307 - The Sign Shop Custom Signs - OSP (20)1,324.79
2585 EFT 11/13/2020 10302 - Stevens Creek Quarry, Inc.Drain & Base Rock (RSA & BCR)1,241.82
2641 EFT 12/04/2020 11318 - Confluence Restoration BCR Plant Installation & Maintenance - October 2020 1,200.00
2631 EFT 11/27/2020 11055 - Systems for Public Safety Backgrounds for Ranger Candidates 1,150.00
81495 Check 11/13/2020 10935 - Rice Trucking - Soil Farm Water Delivery at Toto - (3)1,113.03
2571 EFT 11/13/2020 11318 - Confluence Restoration Alma /Webb Creek Plant Maintenance - September 2020 1,110.00
2626 EFT 11/27/2020 11479 - Rootid, LLC Website maintenance - retainer hours 8 1,080.00
81524 Check 12/04/2020 11772 - Ahern Rentals, Inc.Mini excavator Rental (SFO) 10/27/20 - 10/30/20 1,065.88
81498 Check 11/20/2020 11772 - Ahern Rentals, Inc.JD 210 Rental (BCR) - 10/8/20 - 10/15/20 1,030.08
2640 EFT 12/04/2020 11898 - Bay Area Tree Specialists Contingency - Eucalyptus tree stump removal near Sequoias (1)1,000.00
2634 EFT 12/04/2020 10001 - Aaron's Septic Tank Service Vault Pumpout - Northridge & Purisima Creek 990.00
2583 EFT 11/13/2020 10136 - San Jose Water Company Water Service (RSACP) - 2 accounts 926.46
2650 EFT 12/04/2020 11270 - Municipal Maintenance Equipment Inc.T27 Vehicle Parts 853.82
81516 Check 11/27/2020 11551 - Green Team of San Jose Garbage Service (RSA) 842.13
2601 EFT 11/20/2020 12117 - Signet Testing Laboratories, Inc.SAO Special Inspection Services 777.92
81528 Check 12/04/2020 10935 - Rice Trucking - Soil Farm Water Delivery at Toto - (2)742.02
2604 EFT 11/20/2020 10152 - Tadco Supply GP/RSACP Restroom Supplies 738.77
81500 Check 11/20/2020 *10454 - California Water Service-949 Water Service (FFO)712.78
2589 EFT 11/20/2020 11013 - Confidence UST Services, Inc.New Diesel Tank Nozzle (FFO)700.95
2579 EFT 11/13/2020 10271 - Orlandi Trailer Inc M236 Tow hitch & accessories / T07 Repairs 662.95
2621 EFT 11/27/2020 10073 - Normal Data Permit/Contact Databases - October 2020 640.00
2605 EFT 11/20/2020 11895 - Timmons Group Inc Work Order and Asset Management - thru 7/31/2020 630.00
2592 EFT 11/20/2020 11699 - Dakota Press Proof samples of newsletters & trail brochures (Qty 24) / Postcards 4 versions (Qty 2000)553.90
81522 Check 11/27/2020 10959 - State Water Resources Control Board Ravenswood Bay Trail (2 41C387949) Index No: 418477 509.00
2609 EFT 11/27/2020 10001 - Aaron's Septic Tank Service Sanitation Service (PuR)495.00
81493 Check 11/13/2020 10135 - Praxair Distribution Inc Welding Supplies (FFO)478.82
2600 EFT 11/20/2020 *10136 - San Jose Water Company Water Service (SAO-Cristich) 473.53
2602 EFT 11/20/2020 10302 - Stevens Creek Quarry, Inc.Base Rock (BCR)430.76
81523 Check 11/27/2020 11852 - Western Exterminator Co.Annex/Garage rodent control 426.50
81497 Check 11/20/2020 12090 - Action Towing Towing Service for M210 412.50
2580 EFT 11/13/2020 10253 - Peterson Tractor Co.T-21 Repairs 375.02
81505 Check 11/20/2020 10935 - Rice Trucking - Soil Farm Water Delivery at Toto - 10/2/20 371.01
81504 Check 11/20/2020 11957 - MATTOX, JANIS Reimburse Tenant for water filters at Bechtel 370.98
81511 Check 11/27/2020 *12041 - A T & T Mobility (FirstNet)EOC Emergency phones- November 2020 355.47
page 2 of 9
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 20-29
MEETING DATE: December 09, 2020 Fiscal Year 19-20 EFT:57.86%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment Amount
Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment
security, and ensure quicker receipt by vendors
81496 Check 11/13/2020 10324 - Rich Voss Trucking Inc Rock delivery trucking costs - SFO 350.00
2577 EFT 11/13/2020 12040 - JW Heating and Air Conditioning Repair Gas Heaters at Bergman Main 340.00
81501 Check 11/20/2020 10168 - Cintas Shop Towel Service (FFO & SFO)337.90
81519 Check 11/27/2020 10093 - Rene Hardoy AO Gardening Service 325.00
2574 EFT 11/13/2020 11151 - Fastenal Company Nuts & Bolts 312.59
81527 Check 12/04/2020 *11526 - Republic Services Monthly Garbage Service 16060 Skyline 299.04
2581 EFT 11/13/2020 12121 - Safety Management Consultation Services, Inc.Fall Protection Needs Assessment, Instruction, and Training 291.50
2569 EFT 11/13/2020 10328 - Brush Road Corporation Annual Road Maintenance Dues (BCR)280.00
2591 EFT 11/20/2020 11042 - County of Santa Clara Office of the Sheriff Live Scan - September 2020 276.00
81531 Check 12/04/2020 10338 - The Ed Jones Company, Inc Flat wallet badge - Lucas 270.06
81520 Check 11/27/2020 10182 - Royal Brass Inc T28 Hydraulic Parts / Parts for shop air compressor (FFO)264.07
2576 EFT 11/13/2020 10394 - Interstate Traffic Control Pro RSA/Rhus Ridge - sign parts & parking lot ground markers 260.02
2575 EFT 11/13/2020 10187 - Gardenland Power Equipment Stihl pole saw parts / chainsaw tools 211.94
81508 Check 11/20/2020 11671 - State Water Resources Control Board Renewal Fees for L031287 and L031288 200.00
81509 Check 11/20/2020 10201 - Turf & Industrial Equip. Co.P07 Repairs 192.53
2594 EFT 11/20/2020 12088 - GSL Fine Lithographers Business Card - 250 each of 5 Lots 189.87
2644 EFT 12/04/2020 12088 - GSL Fine Lithographers Business Card - 250 each of 5 Lots 189.87
81494 Check 11/13/2020 10176 - RE Borrmann's Steel Co Materials for Project (RSA)180.43
81518 Check 11/27/2020 11924 - Nomad Ecology Rare Plant Surveys for the Wildland Fire Resiliency Program 165.00
2625 EFT 11/27/2020 12060 - Preferred Alliance, Inc.11-20 Off-Site Participants Testing (13)134.68
2637 EFT 12/04/2020 10294 - AmeriGas - 0130 Propane at 16060 Skyline Blvd 99.42
2596 EFT 11/20/2020 10190 - MetroMobile Communications Radio Repair for M215 75.00
2595 EFT 11/20/2020 10119 - Kwik Key Lock & Safe Co Inc Mini Ex-Bobcat Door Keys 57.49
81510 Check 11/27/2020 11880 - A T & T (CALNET3)Mt. Um Safety Phone - 10/07/20 - 11/6/20 47.97
2614 EFT 11/27/2020 10169 - Foster Brothers Security Systems FFO - Keys 26.16
81506 Check 11/20/2020 11073 - SAN MATEO COUNTY CLERK RECORDER Conformed copy fees - PCR related 20.00
1,971,913.69
*Annual Claims
**Hawthorn Expenses
A### = Administrative Office Vehicle HC = Hendry's Creek P### = Patrol Vehicle SCNT = Stevens Creek Nature Trail
AO2, AO3, AO4 = Leased Office Space HR = Human Resources PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline Nature Area
BCR = Bear Creek Redwoods IPM = Invasive Plant Maintenance PIC= Picchetti Ranch SFO = Skyline Field Office
CAO = Coastal Area Office ISM = Invasive Species Management PR = Pulgas Ridge SG = Saratoga Gap
CC = Coal Creek LH = La Honda Creek RR = Russian Ridge SJH = Saint Joseph's Hill
DHF = Dear Hollow Farm LR = Long Ridge RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge
ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio T### = Tractor or Trailer
ES = El Sereno M### = Maintenance Vehicle RV = Ravenswood TC = Tunitas Creek
FFO = Foothills Field Office MB = Monte Bello SA = Sierra Azul TH = Teague Hill
FOOSP = Fremont Older Open Space Pres.MR = Miramontes Ridge SAO = South Area Outpost TW = Thornewood
GP = General Preserve MSRB = Municipal Securities Rulemakin SAU = Mount Umunhum WH = Windy Hill
Abbreviations
page 3 of 9
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT Wells Fargo Credit Card - October 2020
MEETING # 20-29
MEETING DATE 12-09-20
GL Date Amount Description
11/9/2020 6,514.40 Rental of Climber Mower - 8/25/20 - 9/21/20
11/9/2020 4,275.00 Native plant for Russian Ridge
11/9/2020 3,610.44 Dell monitors x 12
11/9/2020 3,594.00 AB1825 Harassment Prevention Training Online - HR
11/9/2020 3,352.72 AutoDesk / AutoCAD Annual Subscription 10/2020 - 9/2021
11/9/2020 3,134.98 District phone service and SAO T1 internet - 9/16/20 - 10/15/20
11/9/2020 2,975.61 Vehicle Repair P101
11/9/2020 2,958.61 Debris Disposal from Clearing of Vegetation on the fire lines
11/9/2020 2,904.43 SFO equipment shed hopper pump wash
11/9/2020 2,546.22 2021 Midpen Calendar, 500 quantity
11/9/2020 2,526.30 Printing of Ordinance 20-01
11/9/2020 1,752.89 BCR Phase I encroachment permit fees + transaction fee
11/9/2020 1,655.00 Society for Human Resource Mgmt. DEI Classes - Basnight
11/9/2020 1,388.83 Construction screws, reflective tape, disposable gloves
11/9/2020 1,292.80 Redwood post for one way trail signs
11/9/2020 1,272.49 P116 Tire replacement
11/9/2020 1,250.00 Endnote software for NR department 1 yr 10/20 - 09/21
11/9/2020 1,209.40 Replacement of Fire shelters for fire crews - protective equip
11/9/2020 1,175.02 UPS battery supplies for FFO office and shop x 2
11/9/2020 939.72 AO Alarm Services - Protection One
11/9/2020 879.92 Side winder mower parts
11/9/2020 841.68 SFO Alarm Service - October 2020
11/9/2020 775.00 RWC Chamber of Commerce Progress Sem Reg - Kersteen-Tucker
11/9/2020 725.00 Nat'l Assoc Interpertation Conference / Cert Course - Smith
11/9/2020 700.00 SRE Years of Service $100 Amazon Gift Card - 7 employees
11/9/2020 666.15 SFO Equipment Shed
11/9/2020 659.59 Vehicle Repair M221
11/9/2020 650.00 Certified Interpretive Trainer Course - Tjosvold
11/9/2020 639.11 Uniform - OST Kandahar
11/9/2020 577.28 FOOSP - Sanitation Services - United Site Services
11/9/2020 557.82 SA/Kennedy Rd - Sanitation Services - United Site Services
11/9/2020 527.47 RSA/Rhus Ridge - Bike Rack for Parking Lot
11/9/2020 525.00 Internal Affairs Investigation Training - Perry
11/9/2020 477.41 Property research services - September 2020
11/9/2020 463.31 Restroom supplies
11/9/2020 459.90 Monthly Zoom Subscription for Board Meetings
11/9/2020 450.00 Web hosting - October 2020
11/9/2020 448.57 Sidewinder Mower parts
11/9/2020 448.36 ZERO repair
11/9/2020 434.18 SFO Tool cleaning
11/9/2020 425.00 SA-Mt Um - Rental of Pedestrian Canopy at Summit
11/9/2020 397.87 Sidewinder mower parts
11/9/2020 395.00 Nat'l Recreation & Park Assoc Virtual Annual Conference for GM
11/9/2020 388.29 Bear Creek Stable ADA Restroom Rental - September 2020
11/9/2020 388.29 Bear Creek Stable ADA Restroom Rental - October 2020
11/9/2020 388.29 Bear Creek Stable ADA restroom Rental - August 2020
11/9/2020 385.00 EMT Refresher Training - Perry
11/9/2020 385.00 EMT Refresher Training - Ingram
11/9/2020 381.49 T38 Winch Line for Chipper
11/9/2020 369.36 T38 Knives for Chipper
11/9/2020 363.17 SFO Recycle and garbage
11/9/2020 361.72 Lights for shop for LED upgrades
11/9/2020 361.00 Monthly rental for storage unit - October 2020
11/9/2020 350.00 Recruit Ad for Planner II - American Soc of Landscape Architects
11/9/2020 348.50 Trough near pen
11/9/2020 343.33 Programmer services-counter project using Visual Basic Language
11/9/2020 340.99 Restock of T-Posts
11/9/2020 336.00 Survey Monkey Subscription - 10/26/20 - 10/25/21
11/9/2020 320.50 Windy Hill eucalyptus removal CDFW project fee
11/9/2020 318.09 Herbicide
11/9/2020 310.57 Keyboard and mouse combos x 7
11/9/2020 306.30 Shop Supplies - tire inflation gun, cable ties, rachet strap
11/9/2020 300.00 Frames for preserve photos in AO lobby
11/9/2020 299.00 Job posting - Facilities Maintenance Spec. - Your member Careers
11/9/2020 295.00 Recruitment Ad for Planner II - American Planning Assoc.
11/9/2020 285.00 Annual Int'l Institute of Municipal Clks Membership - Woodworth
11/9/2020 283.76 DHF - Supplies for Chicken Room Extension
11/9/2020 276.98 SA-Mt Um - Fencing Rental at Summit - United Site Services
11/9/2020 273.13 ZERO Cargo racks
11/9/2020 270.00 IRWA 2020 membership fees - Leong
11/9/2020 267.49 AO Water Service - CA Water
11/9/2020 264.48 M236/F550 - Supplies for New Vehicle
11/9/2020 259.72 M202 New Batteries
11/9/2020 254.89 Backflow preventer repair
11/9/2020 250.00 SRE Raffle Prizes - $25 gift cards - 10 employees
11/9/2020 249.26 DHF - More Supplies for Chicken Room
11/9/2020 249.14 UTV battery charger
11/9/2020 244.07 BCR Stables - Flexible Drainage Pipe
11/9/2020 240.28 BCR Phase I encroachment permit fees + transaction fee
11/9/2020 219.00 Annual Membership to Society Human Resource Mgmt - Basnight
11/9/2020 218.00 LexisNexis Online Subscription - October 2020
11/9/2020 211.93 M236 - Supplies
11/9/2020 211.65 Email Marketing - October 2020
11/9/2020 208.00 APWA Professional Membership Dues 2020-21 S.Reeves
11/9/2020 208.00 APWA Professional Membership Dues 2020-21 T.Werner
11/9/2020 207.46 Shipping fees - Midpen web store - October 2020
11/9/2020 202.63 DHF - Supplies for Chicken Room Extension
11/9/2020 200.00 Monthly subscriptions for remote admin tool - Logmein
11/9/2020 199.42 M214 Battery
11/9/2020 195.49 M31 Flat repair
11/9/2020 191.73 Hand sanitizer for restrooms
11/9/2020 191.50 Paint, Concrete and Supplies
11/9/2020 175.83 M213 - Supplies
11/9/2020 168.92 Sharp Copies - Printer Costs - 8-29-20 - 9-28-20
11/9/2020 164.87 Safety Helmet Order Cancelled - Credit Next Statement
11/9/2020 162.81 Supplies for M222
11/9/2020 158.03 Battery charger for AO vehicles
11/9/2020 157.64 Heavy duty grease gun, buckets, slim jim & universal file handle
11/9/2020 155.71 Water Service for Rentals - CA Water
11/9/2020 154.78 Thornewood secondary structure demolition legal classified ad
11/9/2020 151.15 Clinometer for Trail Layout
11/9/2020 151.10 Surge protectors and mouse pads
11/9/2020 150.00 Leave No Trace Education Membership - 10/6/20 - 10/5/21 - Storey
11/9/2020 148.60 Hand sanitizer dispensers
11/9/2020 147.60 Gloves for volunteers - 10 pairs
11/9/2020 145.00 Drivers License Medical Recertification Fee - employee
11/9/2020 145.00 Driver License medical recertification - employee
11/9/2020 141.93 Door lock replacement re-key style
11/9/2020 141.58 HIghway 17 stickers Q200
11/9/2020 140.14 Pens, write in the rain memo pads
11/9/2020 139.80 M207 - Side Lumber for Dump Bed
11/9/2020 139.12 Pin flags and wood plant stakes for Mt Um planting
11/9/2020 130.50 Materials for Welding and Shop
11/9/2020 128.90 Filing cabinet
11/9/2020 124.84 Hand sanitizer foam - SFO
11/9/2020 122.00 Hotel reservation for lead supervisor training - Mackessy
11/9/2020 120.71 Rain boots for NR Newt Survey and other field visits
11/9/2020 120.64 Poison oak soap
11/9/2020 113.42 Battery for Honda 500
11/9/2020 108.89 Parts for broken clay sewer pipe
11/9/2020 108.50 ADA sign brackets
11/9/2020 103.90 M207 Tool and Supplies
11/9/2020 100.00 SRE Years of Service $100 Amazon Gift Card - 1 employee
11/9/2020 100.00 SRE Years of Service $100 Amazon Gift Card - 1 employee
11/9/2020 99.42 Propane at 16060 Skyline Blvd
11/9/2020 99.00 CEQA Training - Management Analyst II - Shaw
11/9/2020 99.00 Cultural Resources Evaluation in CEQA Webinar - Leong
11/9/2020 99.00 CEQA Resources Evaluation Training for J.Mark
11/9/2020 99.00 CEQA Resources Evaluation Training for A. Peth
11/9/2020 99.00 AO Pest Control Service - 10/8
11/9/2020 97.92 Paper towels
11/9/2020 96.51 Water Service for Rentals - CA Water
11/9/2020 95.00 QSP License Renewal - Alexander
11/9/2020 94.48 Chain saw sharpening tool
11/9/2020 93.76 2020-2021 Property taxes for APN 510-48-001
11/9/2020 89.99 Hard Drive cloning software 3 licenses
11/9/2020 87.85 Oil change for A101
11/9/2020 87.30 Windshield Wipers
11/9/2020 84.32 RSA/Rhus Ridge - Parking Markers for Parking Lot
11/9/2020 84.05 DHF - Supplies for Fence Repair
11/9/2020 83.63 Trailer Hitch Parts
11/9/2020 83.56 Tire sealant and trailer hitch
11/9/2020 83.45 Clip nuts
11/9/2020 80.24 Sidewinder mower parts
11/9/2020 78.90 Concrete mix for Betsy Crowder Bench
11/9/2020 77.26 Water Service for Rentals - CA Water
11/9/2020 75.27 Chainsaw Bags and Arborist Throw Line
11/9/2020 75.00 LCW Webinar - changes to CA Family Rights Act - Wolfe
11/9/2020 75.00 MB Campsite pay phone
11/9/2020 74.29 Duty Belt - Miller
11/9/2020 72.74 Office Supplies - legal pads, white out, tape, binder clips
11/9/2020 65.68 Misc office supplies for onboarding new employees
11/9/2020 63.65 Monthly Shredding Services - September 2020
11/9/2020 63.33 Fabric/plastic boot covers used for contaminated Covid areas 1dz
11/9/2020 61.27 Supplies
11/9/2020 60.00 State of CA Dept of Pesticide Reg - Qualified Applicator Renewal
11/9/2020 59.01 Portable Filing System
11/9/2020 58.85 Wall mount for UPS battery for FFO shop
11/9/2020 54.85 RSA/Rhus Ridge - Rebar Spikes for Parking Bumpers
11/9/2020 54.60 M236 and M237 Vehicle Supplies
11/9/2020 54.52 Keys for HR office for Mindy
11/9/2020 54.11 Equipment for wildlife camera study
11/9/2020 54.04 Lower WH Parking Lot water
11/9/2020 53.64 Consultant services - programming for counter project
11/9/2020 53.52 Post hole digger
11/9/2020 53.45 M213 - Vehicle Supplies
11/9/2020 53.15 Size C batteries
11/9/2020 53.00 CEQA Notice of Exemption for Newt Mortality Study 9/24/20
11/9/2020 53.00 CEQA Notice of Exemption for New AO Design Review App 9/24/20
11/9/2020 52.32 Kick-off meeting with consultant - Coal Creek Fuel Break work
11/9/2020 52.28 Parts for Folger well
11/9/2020 51.65 MB Black Mountain Campground Utilities - City of Palo Alto
11/9/2020 51.43 Mailing of Tribal Outreach letters for CalFire VTP
11/9/2020 50.00 International Institute Municipal Clerks Webinar - Soria
11/9/2020 50.00 FFO backup internet service
11/9/2020 50.00 Public Notification System - Hubspot
11/9/2020 49.50 CEQA Cultural Resource Training - Hugg
11/9/2020 49.50 CEQA Cultural Resource Training - Casbara
11/9/2020 49.50 Online course CEQA Cultural Resources Evaluation - A.Nuri
11/9/2020 49.50 Cultural Resources Evaluation in CEQA for G. Laustsen
11/9/2020 49.50 Cultural Resources Evaluation in CEQA for - Borgesi
11/9/2020 49.50 Web Forms - October 2020
11/9/2020 49.50 Archaeology and CEQA training - Hebert
11/9/2020 49.49 Website site map creator + cross border fee
11/9/2020 49.00 Cultural Resources Evaluation in CEQA Webinar - Elish
11/9/2020 49.00 Social Media Posting - October 2020
11/9/2020 47.93 Motor-oil and Supplies
11/9/2020 46.92 Sign screws, spray paint
11/9/2020 46.16 Trailer tailgate pins
11/9/2020 43.46 BCR - Lumber/Materials
11/9/2020 42.30 Shipping Fees - Midpen web store items October 2020
11/9/2020 41.09 Angle grindercut off wheel
11/9/2020 40.31 Hand saw, hand broom, sign screw drivers
11/9/2020 39.00 Web PDF Viewer - October 2020
11/9/2020 37.00 Parts for folger well
11/9/2020 36.00 Gas Can
11/9/2020 35.89 Floor Mat for Computer Work Area Use - T.Hugg
11/9/2020 35.50 Caulk gun/adhesive for restroom repairs
11/9/2020 35.34 Drinking water
11/9/2020 34.25 Embroidered Midpen logo mens polo shirt for new Planner
11/9/2020 33.52 Trailer tailgate pins
11/9/2020 33.13 Waterproof case for iPad for Lead OST
11/9/2020 32.91 Shipping envelopes for webstore Q100
11/9/2020 32.67 DEF, fuel
11/9/2020 32.50 Mistaken personal charge - reimbursement sent to finance
11/9/2020 32.19 Programmer services-counter project using Visual Basic Language
11/9/2020 32.00 Mistaken personal charge to be reimbursed
11/9/2020 30.70 AO and FFO fiber
11/9/2020 30.36 ADA sign posts caps
11/9/2020 30.24 FOOSP - Water Conditioning Service - Rayne
11/9/2020 29.29 Web analytics software - October 2020
11/9/2020 29.20 Pizza for San Jose Conservation Corps. Crew
11/9/2020 29.00 Midpen Webstore - October 2020
11/9/2020 28.38 Trailer tailgate pins
11/9/2020 27.85 Emergency 12 volt light for AO1
11/9/2020 27.45 General office supplies for Planning Staff
11/9/2020 27.44 General office supplies for EC Staff
11/9/2020 27.24 SD card for camera
11/9/2020 25.00 Streaming software for virtual events
11/9/2020 24.99 Zapier - list signup management - October 2020 - Bieber
11/9/2020 22.88 Batteries for hand sanitizer
11/9/2020 21.80 Filing cabinet dividers
11/9/2020 20.62 M215 Windshield Wipers
11/9/2020 20.00 CAPIO Webinar - Storytelling: Telling Your Agencys Story - Lau
11/9/2020 20.00 Donuts for Crew on Staff Appreciation Day
11/9/2020 20.00 Training: UCD Managing Weeds in Grasslands etc.. - Winters
11/9/2020 19.65 Size AA batteries
11/9/2020 19.50 Black markers
11/9/2020 17.47 Water nozzle for M204
11/9/2020 17.45 Paper towels
11/9/2020 17.27 Office Door Sign for Brandon Stewart
11/9/2020 17.15 Keys for AO3 for Leslie Wright
11/9/2020 16.34 Office Supplies - colored post-its
11/9/2020 15.99 Forwarding of Midpen.org - 2020
11/9/2020 15.96 Ongoing monthly subscription - LA Times
11/9/2020 13.57 BCR Stables - Supplies for Flexible Drainage Pipe
11/9/2020 12.95 Design software - October 2020
11/9/2020 12.88 Clip nuts
11/9/2020 11.99 Monthly cost for BOD Dropbox account for Board Documents
11/9/2020 11.90 RSA/Rhus Ridge - Concrete Form Tube for Bike Rack
11/9/2020 11.50 AO3 Key Copies
11/9/2020 11.47 Brake fluid for M210
11/9/2020 11.00 Clip nuts
11/9/2020 9.29 Mistaken personal charge to be reimbursed
11/9/2020 8.72 Test purchase web store
11/9/2020 7.00 GIS Request Desk monthly subscription
11/9/2020 6.09 Drinking water for field Crew during heat advisory
11/9/2020 5.44 Gate pipe repairs - SFO
11/9/2020 5.44 Battery for Monte Bello Room remote control
11/9/2020 4.86 Water for equipment lower PC project
11/9/2020 4.49 Water supply for OSP visitors
11/9/2020 1.99 WFB anticipated credit for disputed fraud charge
11/9/2020 1.20 Facebook ad for virtual event promotion
11/9/2020 (8.72) Refund of test purchase web store
11/9/2020 (32.77) Partial refund for damage to cite filing cabinet
11/9/2020 (48.50) Credit - Cultural Resources Evaluation in CEQA Webinar - Leong
11/9/2020 (775.00) RWC Chamber of Commerce Progress Sem Reg Ref - Kersteen-Tucker
11/9/2020 (1,634.85) Reimbursed classes for D. Cowan due to broken arm
11/9/2020 (1,825.00) Refund-cancelled Diverse, Equitable, Inclusive Workplace Classes
11/9/2020 83,353.80 Wells Fargo Bank Credit Card October 2020
Rev. 1/3/18
R-20-20-153
Meeting 20-29
December 9, 2020
AGENDA ITEM 3
AGENDA ITEM
Increase of an Existing Half Time Position to a Full Time Position in the Legal Department
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution amending the Budget and Action Plan for Fiscal Year 2020-21 to increase the
existing half-time position of Risk Management Analyst to a full-time position in the Legal
Department
SUMMARY
The General Manager and General Counsel recommend increasing the Risk Management
Analyst position from a half-time position to a full-time position. This position will maintain the
risk management administration function in the Legal Department and reflect the growth in
workload since the initiation of the 2015 organizational restructuring to maintain a highly
efficient and effective risk management program for Midpeninsula Regional Open Space District
(District). If approved, staff would initiate recruitment as soon as possible. The budgeted cost
for this position in Fiscal Year 2020-21 (FY21) is $58,528 and the additional cost of increasing
the position to full-time is $59,225. While Board approval to permanently increase the position
from half-time to full-time is required, no budget adjustment is needed for FY21 because the
additional cost will be offset by savings in other areas of the current budget.
DISCUSSION
The District’s Budget and Action Plan for FY21 reflects the existing Legal Department staffing
level, which consists of three and one-half full time employees: General Counsel, Assistant
General Counsel, Executive Assistant/Legal Secretary, and a half-time Risk Management
Analyst. While District staffing levels have increased approximately 40% since 2013, the
staffing for the risk management coordination role has remained the same. There has been a
concurrent increase in the complexity and volume of work related to risk management.
Growth in the Legal Department and volume of risk management duties was not fully addressed
in the District’s 2015 Financial and Operational Sustainability Model (FOSM). With regard to
the staffing levels in the Legal Department, the relevant FOSM recommendation stated:
Recommendation 53: Maintain existing staffing levels within the General Counsel’s
Office; as workload expands with Measure AA implementation and the growth of
complex land acquisitions, evaluate opportunities for supplemental contracted and/or in-
house legal and risk management support over time.
R-20-153 Page 2
In recognition of the expanding need for attention to the risk management program, the
incumbent was reclassified from Risk Management Coordinator to Risk Management Analyst in
2019. The incumbent served half time in this role since 2008 and recently retired in October.
A variety of changes to the organization have increased the volume of work as well as the
required level of skill and diligence necessary to perform the risk management function. For
instance, there has been an increase in the number and complexity of contracts and associated
insurance coverages, the variety of District facilities requiring risk management coordination
(such as new commercial facilities, the corporation yard, and a greater variety of tenants in the
property management program). For the past several years, the incumbent also had the diligent
and consistent assistance of a very dedicated volunteer, who proved indispensable in helping to
catalog and file certificates of insurance and update the insurance database under the supervision
of the Risk Management Analyst.
Overall, the scope and volume of work under the responsibility of the half time Risk
Management Analyst (as currently assisted and augmented by volunteer work) has now reached
a level at which the position should be converted to a full-time position. Now is the appropriate
time to do so as the agency prepares to fill the recent vacancy.
The Risk Management Analyst’s role consists of: providing project management and
recordkeeping of first-party and third-party claims administration and reporting; serving as
liaison between the District and its risk pool (California Joint Powers Insurance Authority) and
associated insurance administrators; evaluating and maintaining evidence of insurance coverage
provided to the District and provided by the District to other entities; evaluating appropriate
coverages for contracts, leases, and permits; preparing underwriting reports; maintaining property
and asset catalogs; and compiling a variety of other reports to support the overall coordination
and administration of the risk management program District-wide.
Board Policy 3.04, Budget and Expenditure Authority, states the following with respect to the
budget: “The General Manager may not approve any expenditure that permanently increases the
District’s budget; any permanent budget increase must be approved by the Board… .” The same
policy states the following with respect to adding positions: “The General Manager may
authorize temporary positions, as needed, as long as expenses remain within the adopted budget.
The Board must approve the addition of any new permanent positions.”
The General Manager and General Counsel recommend that the Board approve the increase of
the Risk Management Analyst position to a full-time position, to ensure the continued quality
and appropriate administration of the District-wide risk management program.
FISCAL IMPACT
The annual cost for salary and benefits for increase from half-time to full-time position in FY21
is $59,225. Assuming that the position is filled during early 2021, it appears that there is
sufficient salary savings in the current fiscal year budget to cover early costs.
BOARD COMMITTEE REVIEW
There was no prior committee review of this item.
R-20-153 Page 3
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Upon Board approval, staff will initiate the hiring process as soon as possible.
Attachment
1. Resolution Approving the Changes to the District Budget to reflect an increase from a
half-time to full-time Risk Management Analyst in the Legal Department
Responsible Department Head:
Hilary Stevenson, General Counsel
Stefan Jaskulak, Chief Financial Officer/Administrative Services Director
Prepared by:
Hilary Stevenson, General Counsel
Attachment 1
Resolutions/2020/20-__AmendFY21_RiskMgmtAnalyst 1
RESOLUTION NO. 20-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
THE FISCAL YEAR 2020-21 BUDGET TO INCREASE AN EXISTING
HALF TIME MANAGEMENT ANALYST POSITION IN THE LEGAL
DEPARTMENT TO A FULL TIME POSITION
WHEREAS, the Board of Directors (“Board”) adopted the Midpeninsula Regional Open
Space District Budget and Action Plan for Fiscal Year 2020-21 (“Budget”) via Resolution No.
20-18; and
WHEREAS, changes within the District, including an increase in staffing of
approximately 40% since 2013, and increasing demands related to the volume of risk
management coordination and heightened level of skill and diligence necessary to perform the
risk management function, warrant an increase of the existing half-time Management Analyst
position in the Legal Department to a full time position; and
WHEREAS, the General Manager and General Counsel recommend amending the
Budget to increase the existing half-time Management Analyst position in the Legal Department
to a full-time position to ensure the continued quality and appropriate administration of the
District-wide risk management program; and
WHEREAS, Board Policy 3.04, Budget and Expenditure Authority, requires that any
permanent increase to the District’s budget must be approved by the Board.
NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space
District does hereby resolve as follows:
1. The Budget and Action Plan for Fiscal Year 2020-21 shall be amended to increase the
half-time Management Analyst position in the Legal Department to a full-time
position.
2. Except as herein modified, the FY 2020-21 Budget and Action Plan, Resolution No.
20-18 as amended, shall remain in full force and effect.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2020, at a regular meeting thereof, by the following vote:
* * * * * * * * * * * * * * * * * * * *
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1
Resolutions/2020/20-__AmendFY21_RiskMgmtAnalyst 2
ATTEST: APPROVED:
Jed Cyr, Secretary
Board of Directors
Karen Holman, President
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
Jennifer Woodworth, District Clerk
Rev. 1/3/18
R-20-142
Meeting 20-29
December 9, 2020
AGENDA ITEM 4
AGENDA ITEM
Designation of the Oljon Trail in El Corte de Madera Open Space Preserve as part of the regional
Bay Area Ridge Trail
GENERAL MANAGER’S RECOMMENDATION
Designate the existing Oljon Trail in El Corte de Madera Creek Open Space Preserve as a new
segment of the regional Bay Area Ridge Trail in accordance with the intentions of the California
State Coastal Conservancy-Bay Area Ridge Trail Partner Grants
SUMMARY
The Midpeninsula Regional Open Space District (District) received grants in 2004 and 2011
from the California State Coastal Conservancy-Bay Area Ridge Trail Grant Program to
implement trail projects at El Corte de Madera Creek Open Space Preserve (Preserve)
(Resolution 04-39, Resolution 11-38). These funds were granted for the purpose of extending the
Bay Area Ridge Trail (Ridge Trail) in the Skyline region, a vision the District has shared since
1999. With the Oljon Trail at the Preserve completed and open to the public, the General
Manager recommends that the Board of Directors (Board) fulfill the original intent of the grants
by designating the 1.7-mile Oljon Trail as part of the regional Ridge Trail.
DISCUSSION
Located on the eastern side of the Preserve, the Oljon Trail spans 1.7 miles of multiuse
trail. It originates at the intersection of the Gordon Mill and Sierra Morena Trails, just south of
Skyline Boulevard near Bear Gulch Road. The trail descends for 0.4 miles before crossing the
Steam Donkey Trail and ultimately culminates at the Spring Board Trail intersection 1.3
miles further south (Attachment 1). At its northern extent, the Oljon Trail provides a critical
link to the broader Ridge Trail network in the Skyline region. Connecting to the Skyline Trail via
the Molder Trail, the Oljon Trail provides access to Huddart County Park and Purisima Creek
Redwoods Open Space Preserve to the north and Wunderlich County Park to the south
(Attachment 1).
The designation of the Oljon Trail as part of the regional Ridge Trail has been a goal of
the District for over twenty years. From its inception, the intent for this trail segment — referred
to as the “perimeter trail,” “Bear Gulch Trail,” “future/proposed Bay Area Ridge Trail,” and the
“Oljon Trail” throughout District records — has been in part to fill a critical gap in the Ridge
Trail (R-99-34, R-04-37, R-05-31, R-08-56, R-13-51). Board approval of the 2014 Open Space
Vision Plan Priority Action 4 and Measure AA (MAA) Portfolio 4 support the Ridge Trail vision
with El Corte de Madera Creek: Bike Trail and Water Quality Projects. This Vision Plan and
R-20-142 Page 2
MAA priority specifically calls out completing sections of the Ridge Trail: “Develop and carry
out plans for single-use biking/hiking trails, complete Ridge Trail gaps, and develop trail system
leading to parking area. Restore damaged trails for better water quality.”
In 2004, the District received a $31,000 grant from the California State Coastal Conservancy-
Bay Area Ridge Trail Grant Program in support of the El Corte de Madera Creek Open Space
Preserve Watershed Protection Program (R-04-37, R-05-31). The grant application states that the
grant’s purpose is to build a segment of Ridge Trail at the Preserve and depicts the trail segment
on an attached map. Furthermore, the grant resolution includes the following stipulation:
“WHEREAS, the project is compatible with the intention of the grant program to encourage
government agencies to plan new segments of the Bay Area Ridge Trail” (Attachment 2,
Resolution 04-39).
In 2009, the District prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for
the El Corte de Madera Parking/Staging Area and Trail Project. The IS/MND includes the
completion of the “perimeter trail” and states the vision for this trail as a future segment of the
Ridge Trail. In 2010, the Board adopted the IS/MND alongside an amendment to the Preserve’s
Use and Management Plan (R-10-35). Both documents explicitly identify the trail
segment described in the Initial Study and previously referred to as the “perimeter trail” as
“future Bay Area Ridge Trail” both in text and on a map.
In 2011, the District received a $282,000 grant from the California State Coastal Conservancy-
Bay Area Ridge Trail to complete the trail construction and habitat restoration projects in the
Preserve (Attachment 3, Resolution 11-38, Agreement Number 11-096). The California State
Coastal Conservancy-Bay Area Ridge Trail Grant Program sought to encourage government
agencies and nonprofit organizations to plan, acquire, and construct new segments of the Ridge
Trail (R-11-116).
The Board approved the renaming of this trail segment as the Oljon Trail to honor the Ohlone
people in 2013 (R-13-51). The Skyline Field Crew finalized construction of the Oljon Trail
during the 2019-2020 fiscal year, and the trail was opened to the public in September of
2019. Designating the Oljon Trail as part of the regional Bay Area Ridge Trail will fulfill the
original vision for this trail, Vision Plan priority action, and Measure AA, and the intentions of
the Board-approved 2004 and 2011 California State Coastal Conservancy-Bay Area Ridge
Trail grants.
Project Support
The Bay Area Ridge Trail Council (Ridge Trail Council) continues to provide support for this
designation.
FISCAL IMPACT
The General Manager’s recommendation has no immediate fiscal impact. Ridge Trail
medallions, which have been provided free of charge from the Ridge Trail Council, will be
installed by Land and Facilities department staff.
R-20-142 Page 3
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board committee. It is being brought directly to the
Board to fulfill a long-standing grant fund commitment.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Members of the public on the El Corte
de Madera Creek Preserve interested parties list were also notified.
CEQA COMPLIANCE
While the designation of the Oljon Trail as a segment of the Ridge Trail is not a project subject
to the California Environmental Quality Act (CEQA), the construction of the Oljon Trail and its
designation as part of the Ridge Trail were previously identified and analyzed under the El Corte
de Madera Parking/Staging Area and Trail Project IS/MND (2010).
NEXT STEPS
Following Board approval of this designation, staff will implement the designation of the Oljon
Trail as a segment of the Bay Area Ridge Trail, including:
• Updating District maps and website;
• Installing Ridge Trail medallions on trail signposts; and
• Preparing an update for the Quarterly Newsletter.
Concurrently, the Ridge Trail Council will work to formally designate the Oljon Trail according
to their internal processes. Ridge Trail Council staff will draft a memo stating the trail’s
designation and multi-use status, as well as the District’s commitment to its long-term
stewardship. The Ridge Trail Council’s Executive Committee approved the Oljon Trail’s
designation at their November 12, 2020 meeting.
Attachment)
1. Map of the Oljon Trail and Regional Bay Area Ridge Trail
2. Resolution 04-39
3. Resolution 11-38
Responsible Department Head:
Jane Mark, AICP, Planning
Prepared by:
Arianna Nuri, Planner I, Planning
Graphics prepared by:
Fran Lopez Tapia, GIS Technician, IST
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Attachment 1
RESOLUTION NO. 04 - 39
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE APPLICATION FOR A GRANT FROM
THE BAY AREA RIDGE TRAIL – COASTAL CONSERVANCY
PROPOSITION 40 GRANTS PROGRAM FOR
PLANNING AND DESIGN OF PUBLIC ACCESS IMPROVEMENTS AT
EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE
_____________________________________________________________________________
WHEREAS, the voters of California passed Proposition 40, the 2.6 billion "California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002", providing
matching funds to the State of California and its appointees for acquiring lands and developing
facilities for public outdoor recreation purposes; and
WHEREAS, the State Coastal Conservancy and the Bay Area Ridge Trail Council is
responsible for administration of the program within the State, setting up necessary rules and
procedures governing application by local agencies under the program; and
WHEREAS, said adopted procedures established by the State Coastal Conservancy and the
Bay Area Ridge Trail Council require the applicant to certify by resolution the approval of
applications, the acceptance of the grant if awarded, and execution of the grant contract and related
documents; and
WHEREAS, the project is compatible with the intention of the grant program to encourage
government agencies to plan new segments of the Bay Area Ridge Trail.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula
Regional Open Space District hereby:
Approves the filing of an application for Bay Area Ridge Trail Council – Coastal Conservancy
assistance; and
Certifies that said agency has matching funds from Midpeninsula Regional Open Space District’s
General Fund and can finance 100 percent of the project, half of which will be reimbursed; and
Certifies that the project is compatible with the land use plans of those jurisdictions immediately
surrounding the project; and
Appoints the General Manager as agent of the Midpeninsula Regional Open Space District to
conduct all negotiations and execute and submit all documents including, but not limited to,
applications, agreements, amendments, billing statements, and so on, which may be necessary for the
completion of the aforementioned project.
** * * * * * * * * * * * *
Attachment 2
Attachment 3
Attachment 3
Attachment 3
Rev. 1/3/18
R-20-144
Meeting 20-29
December 9, 2020
AGENDA ITEM 5
AGENDA ITEM
Application for Grant Funding from the Wildlife Conservation Board
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution authorizing the General Manager to submit an application for grant
funding from the Wildlife Conservation Board and to negotiate a grant funding agreement for
$5,000,000 to support the planning and design of the Highway 17 Wildlife and Regional Trails
Crossing Project.
SUMMARY
The General Manager recommends that the Midpeninsula Regional Open Space District
(District) adopt a resolution authorizing the General Manager to submit an application to the
Wildlife Conservation Board (WCB). This report provides a description of the state funds
available through the WCB and the approval process for use of the funds.
DISCUSSION
The Fiscal Year 2020-21 State Budget passed by the state legislature and signed by the Governor
on June 29, 2020 reappropriated $10,000,000 in funding to the WCB. The original $10 million
appropriation requested by Senator Beall was to support San Jose Water Company (SJWC) land
acquisitions. The Senator secured an expanded use of the funds at the time of reappropriation to
include a broader array of public benefits that align with the District’s mission. The September
30, 2020 Legislative Report to the Board (Attachment 1) noted, “This reappropriation did two
important things: first, it extended the encumbrance or expenditure deadline for the funds to June
30, 2025; and second, it expanded the eligibility of projects to include the acquisition, planning,
design, development, public access, rehabilitation, restoration, protection, and expansion of
wildlife corridors and open space, including projects to improve connectivity and reduce barriers
between habitat areas in the Upper Guadalupe, Los Gatos Creek, Saratoga Creek and adjacent
areas from the San Jose Water Company and other land owners.”
In late 2020, the District met with the WCB Executive Director to discuss priorities for use of the
funding, which will be administered by WCB through a non-competitive grant process. The
proposed use of $5 million of the funding will be for planning and design components of the
Highway 17 Wildlife and Regional Trails Crossing Project. The District must complete grant-
funded work by March 31, 2025 in order to submit for reimbursement prior to June 30, 2025.
R-20-144 Page 2
WCB requires a resolution from the District’s Board of Directors prior to reviewing the project
and potentially awarding funds at the February 2021 WCB Board meeting. The resolution
(Attachment 2) authorizes the General Manager or her designee to sign the application for WCB
funds and to execute a grant agreement for the funding.
FISCAL IMPACT
Upon review and approval by WCB, this funding opportunity would have a positive impact of up
to $5,000,000.
BOARD COMMITTEE REVIEW
This report was not previously reviewed by a committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Submitting grant applications to secure funding is not subject to the California Environmental
Quality Act (CEQA). The WCB requires that grantees comply with CEQA and certify that the
CEQA analysis for any project encompasses all aspects of the work to be completed with grant
funds.
NEXT STEPS
If approved by the Board, District staff would complete a WCB grant application for the
Highway 17 Crossing Planning and Design Project and the General Manager would submit the
application to the WCB for consideration of a funding award at the February 2021 WCB Board
meeting. Upon review and approval by WCB, District staff would work with WCB staff to
develop a grant agreement for grant funding and the General Manager would execute the
agreement.
Attachments
1. Legislative Report to the Board – September 30, 2020.
2. Resolution authorizing the General Manager to submit an application for Wildlife
Conservation Board grant funding and to negotiate a grant funding agreement for
$5,000,000.
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer, Administrative Services
Prepared by:
Deborah Hirst, Grants Program Manager, Administrative Services
Contact person:
Jordan McDaniel, Senior Grants and Procurement Technician, Administrative Services
From: Environmental & Energy Consulting
To: Midpeninsula Regional Open Space District
Date: September 30, 2020
Re: EEC 2020 Post-Session Update
As the 2020 legislative session draws to a close, below is a summary of the current status of
Midpeninsula Regional Open Space District’s (Midpen) legislative and Budget priorities. As
a reminder, the California Budget deadline previously passed and all Fiscal Year 2020-2021
Budget conversations and decisions have concluded. The deadline for the Governor to sign
or veto bills was September 30th; therefore, the fate of all bills introduced in the 2020-2021
legislative session have been determined. All chaptered bills will go into effect on January
1st, 2021 unless they included an urgency clause.
California Budget: Conservation Priorities
Governor Newsom signed the FY 20-21 State Budget on June 29th. The final 2020 Budget
Act was a $202.1 billion spending plan to strengthen emergency response, protect public
health and safety, and promote economic recovery while closing a $54.3 billion budget
shortfall caused by the COVID-19 recession. Key takeaways of the final budget include:
o Retention of baseline funding for the Department of Fish and Wildlife and the
Department of Parks and Recreation;
o Retention of funding for the Habitat Conservation Funding;
o Inclusion of $4M for the Cutting the Green Tape Initiative at the California Natural
Resources Agency; and
o Reappropriation and expansion of the original $10M to the Wildlife Conservation
Board (WCB) to support San Jose Water Company (SJWC) land acquisitions.
Senator Beall secured a reappropriation and expansion of the $10M to the Wildlife
Conservation Board in the FY20-21 Budget. This reappropriation did two important things:
first, it extended the encumbrance or expenditure deadline for the funds to June 30, 2025;
and second, it expanded the eligibility of projects to include the acquisition, planning,
design, development, public access, rehabilitation, restoration, protection, and expansion of
wildlife corridors and open space, including projects to improve connectivity and reduce
barriers between habitat areas in the Upper Guadalupe, Los Gatos Creek, Saratoga Creek
and adjacent areas from the San Jose Water Company and other land owners. Midpen has
been working closely with WCB to coordinate the distribution of these funds, and most
immediately plans to use a portion of these funds to support the acquisition of the 182 El
Sereno acquisition from SJWC along with several components of the Highway 17 project.
Cap-and-Trade/Greenhouse Gas Reduction Fund
ATTACHMENT 1
Governor Newsom’s Greenhouse Gas Reduction Fund (GGRF) final proposal for the FY20-
21 Budget was significantly altered from previous proposals in response to COVID-19
impacts and the anticipated recession. Due to the anticipation of significantly reduced and
unstable Cap-and-Trade auction revenues, the Governor introduced a “pay-as-you-go” Cap-
and-Trade funding calculation that would establish quarterly appropriations from the
Greenhouse Gas Reduction Fund. His proposal also prioritized the following three
investments, which would need to be made whole prior to appropriating funds to any
additional priorities:
1) Forest Health and Fire
2) Air Quality
3) Safe Drinking Water
With this proposal, CalFire would receive funding for the Forest Health and Fire Prevention
programs. The Governor has expressed interest fuel load management as one of his
wildfire priorities to be addressed within this.
Ultimately, because Cap-and-Trade auction revenues were reported at very low numbers, it
resulted in the assumption that no new funds would be available for new appropriations.
The FY20-21 GGRF appropriations, including the three investments cited above, were
completely deferred until next year. We can assume the Governor's office will work off the
their proposal from May, but they have not said anything publicly.
Policy Measures
After an unconventional and chaotic legislative year, during which public officials and
stakeholders were faced with reacting to the unprecedented impacts of COVID-19 in real-
time, the outcomes of Midpen’s high priority bills that moved forward include:
•SB 1372 (Monning) Wildlife corridors and connectivity: Wildlife and Biodiversity
Protection and Movement Act of 2020
o Midpen Position: Support, Priority 1
o Outcome: Held in Committee
•AB 1788 (Bloom) Pesticides: use of second-generation anticoagulant rodenticides
o Midpen Position: Support, Priority 1
o Outcome: Signed
•AB 1190 (Irwin) Unmanned aircraft: state and local regulation: limitations
o Midpen Position: Opposed, Priority 1
o Outcome: Dead
•AB 3005 (R. Rivas) Leroy Anderson Dam and Reservoir: permitting, environmental
review, and public contracting
o Midpen Position: Support, Priority 2
o Outcome: Vetoed
•SB 940 (Beall) Housing Crisis Act of 2019: City of San Jose.
o Midpen Position: Support, Priority 2
o Outcome: Signed
ATTACHMENT 1
" S B 7 9 5 ( B e a l l ) E c o n o m i c d e v e l o p m e n t : h o u s i n g : w o r k f o r c e d e v e l o p m e n t : c l i m a t e
c h a n g e i n f r a s t r u c t u r e
o M i d p e n P o s i t i o n : S u p p o r t , P r i o r i t y 2
o O u t c o m e : D e a d
" A B 2 9 5 4 ( R i v a s ) C a l i f o r n i a G l o b a l W a r m i n g S o l u t i o n s A c t o f 2 0 0 6 : c l i m a t e g o a l :
n a t u r a l a n d w o r k i n g l a n d s
o M i d p e n P o s i t i o n : S u p p o r t , P r i o r i t y 2
o O u t c o m e : D e a d
" S B 1 4 4 8 ( B r a d f o r d ) F i r e p r e v e n t i o n : e l e c t r i c a l c o r p o r a t i o n s : w i l d f i r e m i t i g a t i o n
p l a n s : w o r k f o r c e d i v e r s i t y
o M i d p e n P o s i t i o n s : S u p p o r t , P r i o r i t y 2
o O u t c o m e : D e a d
S B 1 3 7 2 , a u t h o r e d b y S e n a t o r M o n n i n g , w a s i n t r o d u c e d b y i n p a r t n e r s h i p w i t h t h e W i l d l i f e
C o r r i d o r W o r k i n g G r o u p ( W C W G ) , w h o s e m e m b e r s h i p i n c l u d e s M i d p e n . T h e o v e r a l l g o a l o f
S B 1 3 7 2 w a s t o f a c i l i t a t e t h e m i g r a t i o n o f c r i t i c a l w i l d l i f e p o p u l a t i o n s b y i m p r o v i n g
c o o r d i n a t i o n b e t w e e n r e l e v a n t a g e n c i e s a n d e n s u r i n g w i l d l i f e c o r r i d o r s a r e i n t e g r a t e d i n t o
C a l T r a n s p r o j e c t s . C u r r e n t l y , C a l t r a n s r e c o g n i z e s p r o j e c t s w i t h i n a R e g i o n a l C o n s e r v a t i o n
I n v e s t m e n t S t r a t e g i e s ( R C I S ) , b u t b e c a u s e R C I S s a r e n o t s t a t e w i d e , m a n y p r o j e c t s a r e l e f t
o u t . S B 1 3 7 2 l o o k e d t o s o l v e t h i s b y d e v e l o p i n g a n a l t e r n a t i v e s t r a t e g y . U n f o r t u n a t e l y , d u e
t o t h e n a t u r e o f t h e 2 0 2 0 l e g i s l a t i v e e n v i r o n m e n t , a n d t h e r e s t r i c t i o n s p l a c e d o n t h e
l e g i s l a t u r e t o l i m i t t h e i r b i l l p a c k a g e s t o u r g e n t o r n o - c o s t b i l l s , S B 1 3 7 2 w a s h e l d i n
c o m m i t t e e . T h e W C W G i s c o m m i t t e d t o r e - i n t r o d u c i n g t h i s b i l l i n 2 0 2 1 a n d c o n t i n u i n g
c o n v e r s a t i o n s w i t h t h e r e l a t e d A g e n c i e s .
A B 1 7 8 8 , a u t h o r e d b y A s s e m b l y m e m b e r B l o o m , i s a t w o - y e a r b i l l t h a t w a s i n t r o d u c e d i n
2 0 1 9 . A B 1 7 8 8 w o u l d p l a c e r e s t r i c t i o n s o n t h e u s e o f s e c o n d g e n e r a t i o n a n t i - c o a g u l a n t
r o d e n t i c i d e s , w h i c h h a v e b e e n s h o w n t o b e f a t a l t o w i l d l i f e . T h i s b i l l w a s s u p p o r t e d b y t h e
A B 1 7 8 8 C o a l i t i o n w h o s e m e m b e r s h i p i n c l u d e s M i d p e n . A f t e r p a s s i n g o u t o f t h e l e g i s l a t u r e ,
A B 1 7 8 8 w a s p r e s e n t e d t o t h e G o v e r n o r o n O c t o b e r 4 t h . G o v e r n o r N e w s o m s i g n e d t h e b i l l
o n S e p t e m b e r 2 9 t h , a n d i t w i l l g o i n t o e f f e c t o n J a n u a r y 1 , 2 0 2 0 .
A B 1 1 9 0 , a u t h o r e d b y A s s e m b l y m e m b e r I r w i n , w a s i n t r o d u c e d i n 2 0 1 9 a n d w o u l d p r o v i d e
a f r a m e w o r k f o r l o c a l a g e n c i e s t o r e g u l a t e t h e u s e o f u n m a n n e d a i r c r a f t s y s t e m s a n d
p r o v i d e q u a l i f i e d i m m u n i t y t o l o c a l a g e n c i e s o p e r a t i n g d r o n e r e c r e a t i o n a r e a s . M i d p e n
t o o k a n o p p o s e p o s i t i o n t o t h i s b i l l b e c a u s e i t w o u l d r e s t r i c t M i d p e n s r i g h t s t o r e g u l a t e t h e
u s e o f p o t e n t i a l l y d e s t r u c t i v e d r o n e s o n M i d p e n p r o p e r t y . A f t e r m a n y c o n v e r s a t i o n s w e
w e r e a b l e t o s u c c e s s f u l l y b l o c k A B 1 1 9 0 f r o m m o v i n g d u r i n g t h e 2 0 1 9 - 2 0 2 0 l e g i s l a t i v e
s e s s i o n .
F u n d i n g M e a s u r e s
S e v e r a l l a r g e - s c a l e c o n s e r v a t i o n f u n d i n g m e a s u r e s w e r e a t t e m p t e d d u r i n g t h i s p a s t
l e g i s l a t i v e s e s s i o n a s a n o p p o r t u n i t y t o r e v i t a l i z e a n d s t i m u l a t e c o m m u n i t i e s s u f f e r i n g f r o m
t h e e c o n o m i c , h e a l t h a n d s a f e t y , a n d i n j u s t i c e s r e s u l t i n g f r o m C O V I D - 1 9 , w i l d f i r e s , a n d
c l i m a t e c h a n g e . U n f o r t u n a t e l y , b e c a u s e l e g i s l a t o r s w e r e f o r c e d t o r e s p o n d t o t h e e x t r e m e
A T T A C H M E N T 1
and unprecedented district impacts of these emergencies, coupled with the precarious
nature of the legislative process due to COVID-19, all of them ultimately failed to pass
during the 2019-2020 session.
Several 2020 state bond measures were introduced by legislative members, including SB
45 (Allen), AB 352 (E.Garcia), AB 1298 (Mullin), and AB 3256 (E.Garcia). Although strong
and sustained efforts were made by legislative leadership and stakeholders to place a bond
on the 2020 ballot as a critical economic stimulus tool, ultimately none of the bond
measures made it to the Governor’s desk, largely due to the compressed and volatile
legislative timeline.
When it became clear that it was unlikely that the legislature would approve a bond for the
November ballot the Assembly and Senate introduced a joint $100B Economic Stimulus
Plan. This plan would offer economic recovery without raising taxes through mechanisms
including Senator Hertzberg’s novel tax-incentive proposal. Unfortunately, the legislature
was also unable to fully entertain this proposal due to the impacts of the pandemic.
Immediately thereafter, as the legislative session was winding down, wildfires began
erupting throughout the state. Attention on an economic stimulus plan shifted to a wildfire
funding package and interested stakeholders across the state came together to develop
policy language. The package was eventually introduced as AB 1659 (Bloom). The bill was
introduced a few days before the last day of session, but its last-minute introduction led to
its failure to be heard on the Senate Floor.
ATTACHMENT 1
Resolutions/2020/20-XX_FundingWCB_Hwy17 1
RESOLUTION NO. 20-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION
FOR A WILDLIFE CONSERVATION BOARD GRANT FOR THE
HIGHWAY 17 CROSSINGS PLANNING AND DESIGN PROJECT
WHEREAS, funds were made available to the Wildlife Conservation Board (“WCB”)
for the enhancement or restoration of fish and wildlife habitat and for the development of public
access facilities for hunting, fishing or other wildlife-oriented recreational uses; and
WHEREAS, Midpeninsula Regional Open Space District (“District”) intends that the
Highway 17 Crossings Planning and Design Project will complete construction designs and
permits for a state highway regional trail overcrossing, wildlife corridor undercrossing, and up to
5.4 miles of related directional fencing; and
WHEREAS, the project will reduce vehicle-wildlife collisions and increase driver and
passenger safety on a key commuter route between Santa Cruz and Silicon Valley; and
WHEREAS, construction of the undercrossing will ensure habitat connectivity and safe
passage for wildlife, linking over 30,000 acres of habitat including four District open space
preserves, three Santa Clara County parks, and private watershed lands of San Jose Water
Company.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District hereby:
1. Approves the filing of an application for funding from the WCB.
2.Certifies the District will comply with all federal, state and local environmental, public
health, and other appropriate laws and regulations applicable to the project and will
obtain or will ensure that the other project partners obtain all appropriate permits
applicable to the project.
3. Further commits to the terms and conditions specified in the grant agreement.
4. Authorizes the General Manager or designee as a representative of the District to conduct
negotiations, execute, submit and sign all documents including but not limited to
applications, agreements, amendments, payment requests, and other documents which
may be necessary to administer grant funding for the proposed project.
* * * * * * * * * * * * * * * * * * *
ATTACHMENT 2
Resolutions/2020/20-XX_FundingWCB_Hwy17 2
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _______, 2020, at a regular meeting thereof, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Jed Cyr, Secretary
Board of Directors
Karen Holman, President
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
Jennifer Woodworth, District Clerk
R-20-147
Meeting No. 20-29
December 9, 2020
AGENDA ITEM 6
AGENDA ITEM
Second Reading and Adoption of the Board Compensation Ordinance 20-02
GENERAL MANAGER’S RECOMMENDATION
1. Waive reading and adopt an Ordinance 20-02 increasing Board compensation from $100.00
to $105.00 per meeting pursuant to Public Resources Code section 5536.
2. Amend Board Policy 6.06 to reflect the increase in compensation resulting from the Board
compensation ordinance.
SUMMARY
A recent change to the Midpeninsula Regional Open Space District’s (District) enabling
legislation allows the Board of Directors (Board) to increase the per meeting compensation for
Board members by an amount not to exceed 5% annually, by ordinance. This item consists of
the second reading and adoption of an ordinance increasing the per meeting compensation from
$100.00 to $105.00. The ordinance was reviewed by the Board of Directors (“Board”) during
first reading on November 18, 2020 (see report R-20-139) with no changes requested by the
Board or the public. Attachment 1 contains the final language of the ordinance proposed for
adoption. The proposed increases are expected to fall within the Board-approved Fiscal Year
2021 (FY21) budget.
DISCUSSION
Prior to January 1, 2019, California Public Resources Code section 5536 set the compensation
for Board members at $100 per meeting with a maximum of $500 or five meetings per month.
This level of Board compensation had not changed since 1984. Based on US inflation
calculators, the cumulative rate of inflation during this timeframe has been approximately 150%.
Although compensation has not changed in 34 years, the scope of Board member responsibilities
and the complexity of policy oversight has substantially grown:
•Since 1984, the District’s budget has grown from $13.9 million to $81 million.
•The District secured a substantial second funding source for capital projects in the form
of a $300 million general obligation bond passed by voters in 2014.
•Acres of land preserved by the District have grown from 18,300 acres to over 64,500 acres.
•The District now operates in three counties, including the San Mateo County coast, while
it previously had operated in only two counties and was limited in San Mateo County to
the southern bayside area.
R-20-147 Page 2
• The District’s constituent population grew from 570,000 to 770,000.
In June 2018, the District supported AB 2329 (Obernolte), the purpose of which was to provide
Board members with enhanced latitude in increasing the number of compensable meetings and
per meeting compensation amount. Assemblymember Obernolte expressed the intent of the
legislation as follows:
"This bill puts special districts on the same playing field. Many special districts are operated
with small boards of directors that work diligently to make their special district as useful to
the community as possible. This important work takes board members' time. Allowing
special districts to be allowed the same amount of meetings a month will help level the
playing field for those districts that currently have lower limits. Additionally, allowing
districts the authority to slightly adjust their compensation annually will help districts assess
for themselves what is fair and what their district can handle, rather than raising the
compensation statewide."
The new law, which took effect January 1, 2019, enables Board members to increase the number
of compensable meetings from five to six per month, and to increase the per meeting
compensation amount not to exceed 5% annually.
Increase in number of compensable meetings per month
In November 2017, the Board amended Board Policy 6.06 to expand the definition of
compensable meetings to include Board field trips to District project locations, trainings required
by State law, and celebratory ribbon cuttings for projects on District lands. The Board also
determined that briefings with staff on District projects, and Board member attendance at
meetings of outside agencies where the Board member is an appointed representative, would be
considered compensable. Due to the increase in projects requiring Board committee
consideration, the number of meetings requiring Board member attendance increased
approximately 40% from 2017 to 2018. During 2019, Board members typically attended
between five and nine compensable meetings per month with numerous months at six or more
meetings for individual Board members.
Due to the change in the law effective January 1, 2019, the Board adopted amendments to Board
Policy 6.06 Meeting Compensation, Reimbursement of Authorized Necessary Expenses for
Performance of Official Duties, and Adoption of Ethics Training Requirements Pursuant to
Government Code Section 53232 et seq. (AB1234) to allow Board members to be compensated
for up to six meetings per month, supported by written findings that more than five meetings per
month are necessary for the effective operation of the District. These findings are required to be
made annually. The findings were made again in January 2020 to allow Board members to be
compensated for up to six meetings per month.
Ordinance increasing the per meeting compensation from $100 to $105
In addition to increasing the number of compensable meetings, the amendments to Public
Resources Code section 5536 allow the District to adopt an ordinance increasing the per meeting
compensation by up to 5% annually. The ordinance must be adopted pursuant to the procedure
used by water districts (Water Code section 20200 et seq) that includes multiple opportunities for
the public to provide input through a public hearing and a petition process. The procedure for
adopting a compensation increase is:
R-20-147 Page 3
• Publish a notice of the public hearing in the local newspaper once per week for two
consecutive weeks.
• Hold a public hearing (first reading), and adopt the ordinance at a subsequent meeting
(second reading)
• Within 60 days after adoption, the public may petition for reconsideration of the
ordinance. In this case, the Board must reconsider the ordinance before enacting it.
In January 2019, the Board deferred its decision on the issue of the 5% increase to determine
whether other special districts were updating compensation in response to the recent legislation.
In July 2019, East Bay Regional Park District (another agency organized under PRC section
5500) adopted an ordinance increasing its per meeting Board compensation amount by 5%.
In January 2020, the Board directed the General Manager and General Counsel to prepare this
ordinance to increase the per meeting compensation from $100.00 to $105.00 in accordance with
state law. The new law specifies that the Board may increase its compensation not more than 5%
for each calendar year following the operative date of the last adjustment. General Counsel
recommends that the Board enact an increase as a “baseline” in response to the 2019 changes to
the law. The Board may consider enacting subsequent compensation increases provided that the
increase does not exceed 5% per calendar year.
On April 19, 2020, the Legislative, Funding and Public Affairs Committee considered other
changes to the Board policy to further define compensable meetings. These proposed
amendments to Board Policy 6.06 will be brought to the full Board for consideration in January
2021.
FISCAL IMPACT
The FY21 budget provides up to $42,000 for Board meeting compensation, and as of September
30, 2020 has $33,000 remaining for the current fiscal year. This amount should be sufficient to
compensate Board members for the remainder of the fiscal year and is contingent upon the
number of compensable meetings held per month. If it is later determined that additional funds
are required, a budget adjustment may be requested.
BOARD COMMITTEE REVIEW
The Board of Directors directed the General Manager and General Counsel to prepare this
compensation ordinance in January 2020. Additionally, at its April 19, 2020 meeting, the
Legislative, Funding, and Public Affairs Committee (LFPAC) discussed the topic of Board
compensation, including refining the definition of compensable meetings in Board Policy 6.06.
LFPAC approved forwarding a recommendation to the Board of Directors to refine language in
the Policy, which the Board will consider in January 2021.
PUBLIC NOTICE
Public notice of the Ordinance was published in the newspaper once a week for two weeks
leading up to the November 18, 2020 first reading of the ordinance, in accordance with Public
Resources Code section 5536 and Water Code section 20203. If adopted, the ordinance will be
published within 30 days of adoption in accordance with Public Resources Code section 5547.
R-20-147 Page 4
Public notice was also provided pursuant to the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If adopted, the ordinance will go into effect 60 days after adoption.
ATTACHMENTS:
1. Ordinance
2. Board Policy 6.06
Responsible Department Head:
Ana Ruiz, General Manager
Prepared by:
Hilary Stevenson, General Counsel
Ordinances/2020/20-02_BoardCompensation 1
ORDINANCE NO. 20-02
ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INCREASING
THE COMPENSATION AMOUNT FOR BOARD MEMBER MEETING
ATTENDANCE TO $105 PER MEETING
WHEREAS, the Midpeninsula Regional Open Space District (“District”) is a special
district duly organized and existing under and pursuant to California Public Resources Code
section 5500 et seq.; and
WHEREAS, California Public Resources Code section 5536 sets forth the authority for
establishing compensation for members of the District’s Board of Directors (Board); and
WHEREAS, the current Board member compensation is one hundred dollars ($100) per
day for attendance at a meeting of the Board, up to a maximum of six (6) days per calendar
month; and
WHEREAS, the one hundred dollars ($100) per day amount has not been increased since
1984; and
WHEREAS, the size and complexity of the District has increased significantly since
1984, which in turn means that the responsibilities and time commitment for Board service is
greater than ever; and
WHEREAS, section 5536 was amended in 2018 to allow the Board of Directors, by
ordinance pursuant to the procedures set forth in California Water Code section 20200 et seq., to
increase the amount of compensation received for attending meetings of the Board; and
WHEREAS, California Water Code section 20202 provides that an increase in
compensation may not exceed an amount equal to five percent (5%) for each calendar year; and
WHEREAS, the Board desires to establish the amount of compensation by way of this
Ordinance in accordance with the provisions of state law; and
WHEREAS, in accordance with California Water Code section 20203 and California
Government Code section 6066, a public hearing was held on November 18, 2020, at 7:00 pm,
and a notice of said hearing was duly published in the newspaper once a week for two weeks
prior to the public hearing.
NOW THEREFORE, The Board of Directors of the Midpeninsula Regional Open
Space District does ordain as follows:
SECTION 1.
A. The Midpeninsula Regional Open Space District desires to compensate members of the
Board of Directors for attendance at its meetings, in accordance with California law and
Board policy.
Attachment 1
Ordinances/2020/20-02_BoardCompensation 2
B. The amount of compensation to be received by the Board of Directors for each day’s
attendance at a meeting of the Board shall be increased five percent (5%) from one
hundred dollars ($100) to one hundred and five dollars ($105) per day.
SECTION 2. Upon adoption of this Ordinance, Board Policy 6.06 (Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for Performance of Official Duties, and
Adoption of Ethics Training Requirements Pursuant to Government Code Section 53232 et seq.
(AB 1234)) shall be amended to reflect this increase.
SECTION 3. This Ordinance shall be published once within thirty (30) days after adoption in a
newspaper of general circulation printed, published, and circulated in the Midpeninsula Regional
Open Space District.
SECTION 4. Pursuant to Water Code section 20204, this Ordinance shall become effective 60
days from the date of its adoption.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Adopted by the Midpeninsula Regional Open Space District Board of Directors on
_____, 2020, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Jed Cyr, Secretary
Board of Directors
Karen Holman, President
Board of Directors
APPROVED AS TO FORM:
Hilary Stevenson, General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of an ordinance 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.
Jennifer Woodworth, District Clerk
Attachment 1
Midpeninsula Regional Open Space District
Board Policy Manual
Meeting Compensation,
Reimbursement of Authorized
Necessary Expenses for Performance
of Official Duties, and Adoption of
Ethics Training Requirements
Pursuant to Government Code Section
53232 et seq. (AB 1234)
Policy 6.06
Chapter 6 – General
Effective Date: 1/30/08 Revised Date: 1/9/19
Prior Versions: 11/13/13, 8/9/17
Board Policy 6.06 Page 1 of 5
A. COMPENSATION OF BOARD MEMBERS
1. Pursuant to Public Resources Code Sections 5536 and 5536.5, members of the
Board shall receive one hundred and five dollars ($100105.00) for each
attendance at a Board meeting. This amount shall be the maximum
compensation allowable to a board member on any given day. A Board meeting
includes a closed session of the board, regular and special meetings of the board,
field trips to district project locations, district public hearings, meetings of
standing and ad hoc committees, trainings required by State law, and ribbon
cuttings for projects on district lands. Regarding compensation for committee
meetings, only Board members who are members of the committee, or other
authorized substitutes appointed by the presiding officer, may be compensated
for attendance at the meeting.
2. Board members may be compensated for up to six meetings in a calendar
month.
3. Pursuant to Public Resources Code section 5536, the Board may adopt an
ordinance to increase the amount of compensation received for attendance at a
Board meeting. The increase may not exceed an amount equal to five percent for
each calendar year following the operative date of the last adjustment of the
compensation which is received when the ordinance is adopted. Adoption of such
an ordinance must comply with the procedure set forth in California Water Code
section 20200 et seq.
B. TRAVEL AND INCIDENTAL EXPENSES INCURRED WHILE PERFORMING AUTHORIZED
DISTRICT BUSINESS
1. Types of Occurrences and Meetings that Qualify for Expense Reimbursement. Board
Members are eligible for reimbursement for actual and necessary expenses incurred
in the performance of their authorized official duties as provided in Public Resources
Code Sections 5536 and 5536.5 and AB 1234 as follows:
Attachment 2
Board Policy 6.06 Page 2 of 5
a. Attendance at conferences in accordance with the Board’s “Budget
Guidelines for Conference Attendance”, or if the Board, on a case-by-case
basis, approves other conference attendance in advance, due to specific
business needs of the District.
b. Board authorized or General Manager requested, attendance at meetings
with nonprofit organizations, joint powers agencies, other government
agencies such as grant-funding agencies, District legislators or their staff,
local, state or federal representatives, and similar meetings, when such
attendance is necessary in order to effectively represent the District’s
position on a matter of District concern.
2. Government and Group Rates. Airlines, hotels, rental car companies, and other
businesses often make special rates available to government agencies or groups.
These rates are presumed to be the most economical and reasonable rates for
the purposes of this Policy and shall be obtained whenever available.
3. Transportation. Generally, travel to Board-authorized conferences or other
authorized travel between points within 150 miles of the District’s
Administrative Office by the Board Member’s private vehicle shall be at the
current rate established by the Internal Revenue Service. Travel exceeding 150
miles shall be at rates not exceeding the most economical rates of a public
carrier. Specific types of transportation expenses shall be reimbursed as follows:
a. Air Travel. Board Members may be reimbursed for the cost of a
roundtrip economy-class ticket, provided the amount of
reimbursement does not exceed the least expensive airfare that is
consistent with the Board Member’s reasonable scheduling constraints.
b. Personal Vehicle Travel. Board Members may be reimbursed for
expenses incurred in traveling by personal vehicle at the current
Internal Revenue Service mileage rate.
c. Car Rental Reimbursement. Where necessary when attending a
conference or other authorized travel, Board Members may be
reimbursed for the expense of a rental car, provided the amount of
reimbursement does not exceed the most economical and reasonable
rates available. When more than one Board Member attends the event,
Board Members shall share the rental car where feasible.
Conference and Travel Meals. Board Members may be reimbursed for meal expenses on a per
diem basis for meals consumed in conjunction with conference attendance or authorized travel.
The per diem rate for breakfast, lunch, and dinner shall be the daily per diem rate established
by the Federal Government General Services Administration (GSA) (www.gsa.gov/perdiem) for
the region where the conference/training is located. Where the conference/training site or
hotel includes meals in the cost of the registration, such meals shall not be included in the per
diem allowance unless dietary restrictions require obtaining meals from other sources. A
breakdown of allowable rates for breakfast, lunch, and dinner may be found on the GSA web
page (www.gsa.gov/mie).
Attachment 2
Board Policy 6.06 Page 3 of 5
The above limitations do not apply to meals at conferences or authorized travel at which a fixed
price meal is served as part of or during the event. In such a case, the actual cost of the meal
will be reimbursed.
If a meal is provided by a conference or included in the payment of the registration fee, Board
Members may not be reimbursed for meals purchased in lieu of or in addition to the provided
meal, unless it is infeasible for the Board Member to attend the meal due to the need to
conduct other District business.
1. Conference and Travel Lodging. The District will reimburse lodging expenses
when conference or other authorized travel reasonably requires an overnight
stay, provided the amount of the reimbursement does not exceed economical
and reasonable rates for lodging that meets the Board Member’s reasonable
scheduling and official business needs. For lodging in connection with a
conference, such lodging costs shall not exceed the maximum group rate
available through the conference or event sponsor, provided that the lodging at
the group rate is available to the Board Member at the time of booking. If the
conference rate is not available, the Board Member shall use comparable lodging
and may be reimbursed at a nightly rate not to exceed the maximum group rate
available through the conference.
2. Incidental Expense Reimbursement. Board Members may be reimbursed for
actual and necessary incidental expenses incurred in connection with authorized
conferences or travel. Such expenses may include reasonable and customary
gratuities, parking fees, taxi fares, public transportation costs, tolls, telephone
calls, internet, postage, facsimile charges, and similar incidental expense.
3. Conference Registration Fee Reimbursement. Board Members may be
reimbursed for the expense of an authorized conference registration fee as set
out in the Board’s “Budget Guidelines for Board Conference Attendance” or as
authorized by the Board on a case by case basis.
4. Other Expenses. All other actual and necessary expenses incurred in the
performance of official duties that are not listed in this Policy shall not be
reimbursed unless reimbursement is approved by the Board in advance of
incurring the expense.
5. Prohibited Expense Reimbursements. Board Members shall not be reimbursed
for expenses such as alcoholic beverages; spouse, domestic partner, or family
member expenses; entertainment expenses such as movie, theatre, or sporting
event fees; nor for fines for vehicle citations or damage to personal vehicles used
in the course of District business. Exceptions can be approved by the Board
when necessary to comply with the Americans with Disabilities Act or other
applicable law, such as the payment for a necessary caregiver or companion to
accompany a Board Member due to a qualifying disability.
Attachment 2
Board Policy 6.06 Page 4 of 5
C. CELL PHONE REIMBURSEMENT
The District shall reimburse Board Members for the use of their personal cellular phone to
conduct Board business, receive or make calls with constituents and communicate with District
management. The reimbursement shall be $32.50 per month. To be eligible for this
reimbursement, the Board Member shall need to submit a completed Cell Phone
Reimbursement Form to the District Clerk for processing.
Whether or not an employee’s cell phone charges are reimbursed by the District, any records of
District business conducted on a personal cell phone or other device (including photos,
voicemail, text, and electronic mail) must be made available to the District upon request,
including but not limited to when needed to comply with a Public Records Act request.
D. DOCUMENTATION FOR COMPENSATION AND REIMBURSEMENT
1. Documentation Requirements. The District shall provide Board Members with
expense report forms to be filed by the Member for reimbursement of actual and necessary
expenses which are authorized to be reimbursed under this Policy. The form shall be used to
document the expenses for which reimbursement is sought is proper under this Policy. The
District shall also provide a separate form to document compensable meetings.
a. Time for Filing Forms. Board Members must file expense report forms by the
end of the calendar month following the calendar month when the expense
was incurred in order to receive reimbursement. The expense report forms
shall be accompanied by itemized receipts for items documenting each
expense. Compensation forms shall also be filed by the end of the following
calendar month of the meeting for which compensation is sought. In the
event a Board Member is unable to file such forms by the end of the
following calendar month due to extenuating circumstances, such as his or
her absence from home or illness, the Board Member shall file such forms as
soon as feasible. In no event shall such forms be filed later than ninety (90)
days from the compensable meeting or incurring of the expense. If a Board
Members fails to file a timely reimbursement or compensation form, the
Board Members shall be ineligible to receive the requested payment.
b. Offset of Amounts Due the District. If a Board Member has reimbursable
expenses or compensation due from the District, and that Member owes any
amounts to the District, such amounts due shall be deducted from the
reimbursement or compensation otherwise due to the Board Member.
c. Public Records. All documents related to reimbursable expenses are
considered public records subject to disclosure under the California Public
Records Act.
2. Report to Board Regarding Compensable Activities. Board Members shall
provide brief reports on meetings attended for which compensation is provided by this Policy at
Attachment 2
Board Policy 6.06 Page 5 of 5
the next regular Board meeting attended by the Board Member. The report may be made
orally during Board Informational Reports, or in writing. If provided in writing, the Board
Member shall state at the meeting that he or she is submitting to the District Clerk a written
report of compensable meetings attended.
E. ETHICS TRAINING PURSUANT TO AB 1234
Each Board Member shall receive at least two hours of training in general ethics principles and
laws relevant to his or her public service every two years. The District shall annually provide
information on training alternatives available to Board Members to meet the requirements of
AB 1234. The District shall maintain documentation of the dates that Board Members received
this training and the entity that provided the training.
Attachment 2
R-20-145
Meeting 20-29
December 9, 2020
AGENDA ITEM 7
AGENDA ITEM
Fiscal Year 2020 Annual Financial Report
GENERAL MANAGER’S RECOMMENDATIONS
1. Review and accept the Fiscal Year 2019-20 (FY20) Annual Financial Report
2. Adopt a resolution approving the transfer of a total of $3 million from the General Fund
Unassigned Fund balance to the Committed for Future Acquisitions and Capital Projects
3. Approve an updated Board Policy 3.08, Statement of Investment, to reflect a prior Board
proviso that was omitted from the prior update.
SUMMARY
Fiscal Year ending June 30, 2020 (FY20) expenditures totaled $69.2 million, which is 10.3%
below the final adjusted budget of $77.2 million. The Board of Directors (Board) adopted the final
adjusted budget on May 13, 2020 (R-20-14). Revenue for FY20 totaled $65.8 million, or 0.9%
below the final projected revenue.
The Unassigned Fund balance is approximately $3.9 million more than the minimum fund balance
requirement of 30% of budgeted tax revenue. To ensure adequate funding for future acquisitions
and other capital projects, the General Manager and Controller recommend a total of $3 million
be transferred to the Committed Fund for Future Acquisitions and Capital Projects.
DISCUSSION
Revenues
The estimated General Fund revenue for FY20 was $55.9 million, and the actual amount received
as of June 30, 2020 was the same amount. In addition, Measure AA bond funds provided $8.0
million for capital improvement projects within the 25 portfolios.
R-20-145 Page 2
Table 1A – District Revenues by Fund
Expenditures
The District ended the year with total expenditures of $69.2 million, which is approximately $7.9
million or 10.3% below the final adjusted budget. Excluding capital expenditures and debt service,
total expenditures were $31.1 million, which is $4.6 million, or approximately 12.8% below the
final adjusted budget. The District’s FY20 total expenditures remained within the approved
budget. Expenditures by category are listed in Table 1B and by fund in Table 1C.
Table 1B– District Budget & Expenditures by Category
Table 1C – District Budget & Expenditures by Fund
Fund Balance
Before budget adjustments, the General Fund Unassigned Fund Balance increased by $3.6 million
from $16.5 million to $20.1 million. The District’s Fund Balance policy, as adopted by the Board
of Directors on October 26, 2016, states that the District is required to maintain a minimum
unassigned fund of 30% of budgeted tax revenues. The budgeted tax revenue for FY21 is
$53,487,274, requiring the District to maintain a minimum General Fund Unassigned Fund
Balance of $16,046,182.
DISTRICT REVENUES
(By Fund)
FY20 Adopted
Budget
FY20 Final
Adjusted
Budget
FY20 Year-End
Actuals
$ Change from
FY20 Final
Adjusted Budget
% Revenues of
FY20 Final
Adjusted
Budget
Fund 10 - General Fund Operating 55,969,335$ 55,889,335$ 55,920,439$ 31,104$ 100%
Fund 20 - Hawthorn Fund 39,000$ 39,000$ 66,905$ 27,905$ 172%
Fund 30 - Measure AA Capital 2,108,421$ 2,108,421$ 2,505,547$ 397,126$ 119%
Fund 40 - General Fund Capital -$ 1,960,000$ 1,980,364$ 20,364$ 101%
Fund 50 - Debt Service 6,309,350$ 6,385,350$ 5,314,639$ (1,070,711)$ 83%
TOTAL DISTRICT EXPENDITURES 64,426,106$ 66,382,106$ 65,787,894$ (594,212)$ 99%
DISTRICT EXPENDITURES
(All Fund)
FY20 Adopted
Budget
FY20 Final
Adjusted Budget
FY20
Year-End
Actuals
$ Change from
FY20 Final
Adjusted Budget
% Spent of FY20
Final Adjusted
Budget
Salaries and Benefits 25,821,535$ 25,867,535$ 23,615,953$ (2,251,582)$ 91%
Services and Supplies 11,746,210$ 10,160,745$ 7,828,976$ (2,331,769)$ 77%
Total Operating Expenditures 37,567,745$ 36,028,280$ 31,444,929$ (4,583,351)$ 87%
Capital/Fixed Asset Expenditures 19,570,545$ 23,469,452$ 20,101,473$ (3,367,979)$ 86%
Debt Service 17,669,563$ 17,669,563$ 17,669,563$ -$ 100%
Total Non-Operating Expenditures 37,240,108$ 41,139,015$ 37,771,036$ (3,367,979)$ 92%
TOTAL DISTRICT EXPENDITURES 74,807,853$ 77,167,295$ 69,215,965$ (7,951,330)$ 90%
DISTRICT EXPENDITURES
(By Fund)
FY20 Adopted
Budget
FY20 Final
Adjusted
Budget
FY20 Year-End
Actuals
$ Change from
FY20 Final
Adjusted Budget
% Spent of
FY20 Final
Adjusted
Budget
Fund 10 - General Fund Operating 37,003,848$ 35,529,522$ 31,056,198$ (4,473,324)$ 87%
Fund 20 - Hawthorn Fund 140,200$ 92,200$ 12,838$ (79,362)$ 14%
Fund 30 - Measure AA Capital 9,447,647$ 10,355,791$ 8,017,412$ (2,338,379)$ 77%
Fund 40 - General Fund Capital 10,546,595$ 13,520,219$ 12,459,954$ (1,060,265)$ 92%
Fund 50 - Debt Service 17,669,563$ 17,669,563$ 17,669,563$ -$ 100%
TOTAL DISTRICT EXPENDITURES 74,807,853$ 77,167,295$ 69,215,965$ (7,951,330)$ 90%
R-20-145 Page 3
The General Manager and Controller recommend a transfer of $3 million from the Unassigned
Fund Balance to the Committed for Future Acquisitions and Capital Projects. This transfer will
set aside additional reserve funds as the District continues to move forward with its intensive
program of non-MAA land acquisition and build out of facility and other infrastructure projects.
After the proposed transfers, the General Fund Unassigned Fund Balance will be $17.1 million,
which is $1.0 million above the required $16,046,182 (30% of FY21 projected property tax
revenues). A summary of the balances for all District funds (inclusive of the transfer) as of June
30, 2020 is shown in Table 2:
Table 2 – District Fund Balances (All Governmental Funds)
Operating Expenditures
Salaries and benefits ended the year at $23.2 million, or 8.7% below the final adjusted budget.
However, this does not include a $1.5 million contribution to the Section 115 Trust established as
an investment vehicle to make prepayments towards the District’s unfunded pension liability. For
accounting purposes this is transfer of cash and the expenditure is not recorded until the Section
115 funds are forwarded to CalPers. Salary savings were due to several vacancies during the
course of the fiscal year, particularly as hiring slowed due to the impact of the COVID-19
pandemic. Expenditures for Services and Supplies were $7.8 million or 22.2% below budget
primarily due to lower than budgeted spending in contract and outside services in most
departments, as well as maintenance expenses. In many instances, the decrease in spending was a
direct result of the impacts of COVID-19.
Fixed Assets and Capital Projects
Capital projects ended the year at $10.3 million, or approximately 24% below the final adjusted
budget. Capital project delays were associated with the following factors:
• Project stand-downs due to COVID-19 restrictions
• Staff vacancies
• Additional scope/tasks that extended the project schedule
• Difficulties securing quality contractors due to competitive construction market
Fund
Balance as of
6/30/2020 Transfer Balance -
proposed
Minimum
Required GF
Unassigned
Fund Balance
Balance Above
Minimum
Required
Nonspendable for prepaid expenditures 205,929$ 205,929$ N/A N/A
Restricted for debt service 4,813,811$ 4,813,811$ N/A N/A
Restricted for Measure AA Projects 32,301,379$ 32,301,379$ N/A N/A
Restricted for Hawthorn maintenance 1,464,150$ 1,464,150$ N/A N/A
Restricted for General Fund Capital Projects 6,843,580$ 6,843,580$ N/A N/A
Restricted for Pension 4,063,202$ 4,063,202$ N/A N/A
Committed for Equipment Replacement 3,000,000$ 3,000,000$ N/A N/A
Committed for Capital Maintenance & Repairs 5,000,000$ 5,000,000$ N/A N/A
Committed for Future Acquisitions & Capital Projects 3,000,000$ 3,000,000$ 6,000,000$ N/A N/A
Committed for Promissory Note 900,000$ 900,000$ N/A N/A
General Fund Infrastructure Reserve Fund 18,618,465$ 18,618,465$ N/A N/A
Assigned for ongoing capital projects 710,000$ 710,000$ N/A N/A
General Fund Unassigned Fund 19,978,717$ (3,000,000)$ 16,978,717$ 16,046,182$ 932,535$
100,899,233$ -$ 100,899,233$ 16,046,182$ 932,535$
R-20-145 Page 4
Land and Associated Costs
During the FY20, the District purchased and preserved approximately 542 acres of open space
land at a total cost of $9.2 million (net cost of $7.3 million after $2.0 million of grant funding) .
Highlights of land additions include:
• 540 acre Gordon Ridge Property (non-MAA), Tunitas Creek Preserve
• 1.7 acre Gallaway Property, El Corte de Madera Creek Preserve
Long-Term Debt and Debt Service
Debt service expenses in FY20 totaled $17.7 million, consisting of $9.1 million in principal, $8.6
million in interest. The total also includes $7.3 million for debt service on Measure AA General
Obligation bonds.
Past Budget Performance
Table 3 below presents a comparison of FY20 budget performance to the prior four fiscal years.
Overall budgeted expenditures have historically ranged between 86% and 99% of the actual
amounts.
Beginning in FY17, land acquisitions are funded through budget amendments at the time the
Board considers the purchase. The adopted approach reflects the opportunistic nature of land
purchases, which are not guaranteed until an offer is accepted, the purchase approved, and
escrow closed. This combined with improved focus on project delivery should lead to a more
predictable overall budget utilization rate over the longer term.
Table 3 – Past Performance
Hawthorn Fund
The FY20 expenditures from the Hawthorn Fund totaled $12,838, which is 86% below the final
adjusted budget of $92,200 (Table 4). Basic repairs and ongoing maintenance were completed in
FY20.
Table 4 – Hawthorn Fund Budget and Expenditures
DISTRICT EXPENDITURES FY16 FY17 FY18 FY19 FY20
Operating Expenses 98%94%90%90%87%
Strategic Plan/Vision Plan N/A N/A N/A N/A N/A
Capital (CAPEX)66%99%79%79%76%
Land & Assoc. Costs 71%101%92%92%96%
Property Management 74%N/A N/A N/A N/A
Debt Service 98%112%102%100%100%
Budget Category
FY20
Adopted
Budget
FY20
Final Adjusted
Budget
FY20 Year-
End Actuals
$ Change from
FY20 Final
Adjusted
Budget
% Spent of
FY20 Final
Adjusted
Budget
Operating Expenses 92,200$ 92,200$ 12,838$ (79,362)$ 14%
Capital Expenses 48,000$ -$ -$ -$ N/A
HAWTHORN TOTAL 140,200$ 92,200$ 12,838$ (79,362)$ 14%
R-20-145 Page 5
The Hawthorn Endowment Fund balance as of June 30, 2020 is $1.67 million.
FISCAL IMPACT
Approval of the proposed Fund Balance transfer results in a net-zero change to the General Fund,
decreasing the General Fund Unassigned Fund by $3 million and increasing the Committed for
Future Acquisitions & Capital Projects by the same by the same total of $3 million.
Table 5 – Proposed Fiscal Impact
BOARD COMMITTEE REVIEW
There was no prior Board Committee review for this agenda item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
With the Board’s acceptance of the audited financial statements, staff will proceed with final
submission of the Comprehensive Annual Financial Report (CAFR) to the Government Finance
Officers Association award program.
Attachments:
1. Annual Financial Report for the Fiscal Year Ending June 30, 2020
2. Resolution approving the transfer of funds into the Committed for Future Acquisitions &
Capital Projects
3. Revised Board Policy 3.08, Statement of Investment
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services
Prepared by: Andrew Taylor, Finance Manager
Fund
Balance as of
6/30/2020 Transfer Balance -
proposed
Minimum
Required GF
Unassigned
Fund Balance
Balance Above
Minimum
Required
General Fund Unassigned Fund 19,978,717$ (3,000,000)$ 16,978,717$ 16,046,182$ 932,535$
Committed for Future Acquistions & Capital Projects 3,000,000$ 3,000,000$ 6,000,000$ N/A N/A
Comprehensive Annual Financial Report
—————————————————————————————————————————————————————————
FISCAL YEAR ENDED JUNE 30, 2020
Headquarters in Los Altos, California
Attachment 1
Page Intentionally Left Blank
Comprehensive Annual Financial Report
Fiscal Year Ended June 30, 2020
Midpeninsula Regional Open Space District
Prepared by:
Finance and Administrative Services
Page Intentionally Left Blank
Introductory Section
Page Intentionally Left Blank
TABLE OF CONTENTS
TITLE PAGE
INTRODUCTORY SECTION
Table of Contents ........................................................................................................................ 1
Transmittal Letter ........................................................................................................................ 3
Board of Directors & Management ............................................................................................. 9
Organizational Chart ................................................................................................................... 10
Regional Map .............................................................................................................................. 11
Achievement Award .................................................................................................................... 12
FINANCIAL SECTION
Independent Auditor’s Report ..................................................................................................... 14
Management’s Discussion and Analysis ..................................................................................... 18
Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Position .............................................................................................. 28
Statement of Activities .................................................................................................. 29
Fund Financial Statements:
Balance Sheet – Governmental Funds ........................................................................... 32
Reconciliation of the Governmental Funds Balance Sheet to the
Statement of Net Position ....................................................................................... 33
Statement of Revenues, Expenditures, and Changes
in Fund Balance – Governmental Funds ................................................................. 34
Reconciliation of Governmental Funds Statement of Revenues, Expenditures,
and Changes in Fund Balance to the Statement of Activities ................................. 35
Notes to the Basic Financial Statements .............................................................................. 38
REQUIRED SUPPLEMENTARY INFORMATION
Schedule of Revenue, Expenditures and Changes in Fund Balance -
Budget and Actual (GAAP) - General Fund ......................................................................... 74
Schedule of Pension Plan Contributions ..................................................................................... 75
Schedule of Net Pension Liability Proportionate Shares ............................................................. 76
Schedule of Contributions for Postemployment Benefits ........................................................... 77
Schedule of Changes in Net OPEB Liability ............................................................................... 78
SUPPLEMENTARY INFORMATION
Schedule of Revenue, Expenditures and Changes in Fund Balance –
Budget and Actual (GAAP) - Measure AA Capital Projects Fund ...................................... 82
Schedule of Revenue, Expenditures and Changes in Fund Balance –
Budget and Actual (GAAP) - GF Capital Projects Fund ...................................................... 83
Schedule of Revenue, Expenditures and Changes in Fund Balance –
Budget and Actual (GAAP) - Debt Service Fund................................................................. 84
Measure AA Bond Program – Schedule of Program Expenditures ............................................. 85
Notes to Supplementary Information .......................................................................................... 86
STATISTICAL SECTION
Net Position ................................................................................................................................. 90
Changes in Net Position .............................................................................................................. 91
Fund Balances of Governmental Funds ...................................................................................... 92
Changes in Fund Balances of Governmental Funds .................................................................... 93
Assessed and Actual Value of Taxable Property ......................................................................... 94
Direct and Overlapping Property Tax Rates ................................................................................ 95
Principal Property Tax Payers ..................................................................................................... 96
Property Tax Levies and Collections .......................................................................................... 97
Ratios of General Bonded Debt Outstanding .............................................................................. 98
Ratios of Outstanding Debt ......................................................................................................... 99
Legal Debt Margin Information .................................................................................................. 100
Demographic and Economic Statistics ........................................................................................ 101
Principal Employers .................................................................................................................... 102
Full-time Equivalent District Government Employees by Function ........................................... 103
Capital Asset Statistics by Function ............................................................................................ 104
Operating Indicators by Function ................................................................................................ 105
OTHER INDEPENDENT AUDITOR’S REPORTS:
Independent Auditor’s Report on Internal Control over Financial Reporting and on
Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards ......................................... 108
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, California 94022
December 2, 2020
Members of the Board of Directors and Midpen Constituents:
The Comprehensive Annual Financial Report (CAFR) of the Midpeninsula Regional Open Space District
(District) for the year ended June 30, 2020, is hereby submitted.
The CAFR has been prepared by the Finance Department in compliance with the principles and standards
for financial reporting promulgated by the Governmental Accounting Standards Board (GASB). The
CAFR consists of District management’s representations concerning the finances of the District and District
management assumes full responsibility for completeness, accuracy of data, and fairness of presentation,
including all footnotes and disclosures. Management believes the data presented are accurate in all material
respects and that they are presented in a manner designed to fairly set forth the financial position and results
of operations of the District.
The District’s accounting records for governmental operations are maintained on a modified accrual basis,
with the revenues being recorded when both measurable and available, and expenditures being recorded
when the services or goods are received, and the liabilities are incurred.
District management has established a comprehensive framework of internal controls designed both to
protect the District’s assets from loss, theft, or misuse; and to compile sufficiently reliable information for
the preparation of the District’s financial statements in conformity with generally accepted accounting
principles. Because the cost of internal controls should not outweigh their benefits, the District’s designed
its controls to provide reasonable, but not absolute, assurance that the financial statements will be free from
material misstatement. The CAFR has been audited by the independent certified public accounting firm of
Chavan & Associates, LLP. The independent certified public accounting firm has issued an unmodified
opinion on the District’s financial statements for the year ended June 30, 2020.
Management’s Discussion and Analysis (MD&A) immediately follows the independent auditor’s report
and provides a narrative introduction, overview, and analysis of the financial statements. This letter of
transmittal serves as a complement to the MD&A and should be read in conjunction with it.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROFILE
The Midpeninsula Regional Open Space District (the “District”) was formed in 1972 to acquire and
preserve public open space land in northern and western portions of the County of Santa Clara. In June
1976, the southern and eastern portions of the County of San Mateo were annexed to the District. The
District annexed three parcels located in the northern tip of Santa Cruz County in 1992, but the 1% ad
valorem property tax is not levied on this land for the benefit of the District. In September 2004, the District
completed the Coastside Protection Program, which extended the District boundaries to the Pacific Ocean
in the County of San Mateo County, from the southern borders of the City of Pacifica to the San
Mateo/Santa Cruz County line.
The District encompasses over 550 square miles of land located in the County of Santa Clara
(approximately 200 square miles), the County of San Mateo (approximately 350 square miles) and the
County of Santa Cruz County (approximately 2.6 square miles). The Counties of Santa Clara and San Mateo
are referred to together as the “Counties.”, and approximately 770,000 people live within the boundaries of
the District.
The District has preserved nearly 65,000 acres of public land and manages 26 open space preserves within
its mission to acquire and preserve a regional greenbelt of open space land in perpetuity, protect and
restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and
education.
A seven-member Board of Directors (Board), elected by individual ward, establishes policies for the
District. Specifically, the Board sets general operating objectives for the District, authorized debt issuance,
monitors financial and long-range planning, establishes policies governing conditions of employment, and
sets policies to protect and enhance the natural and cultural resources of the District. Members of the Board
of Directors are elected for staggered four-year terms. The Board appoints a General Manager to serve as
the District’s chief executive officer. The General Manager provides direction and leadership to all District
departments; and ensures that all District policies are implemented.
The District is a legally separate and fiscally independent entity from other government agencies which
may also provide governmental services within the same geographic area. The CAFR includes all funds of
the District. There are no separate or legal entities or component units include in the financial statements
of the District. The District has a blended component unit included in the financial statements of the
District. In 1996, the District and Santa Clara County established the Midpeninsula Regional Open Space
District Financing Authority (Authority) to help the District finance improvements by buying land and
building facilities in cooperation with the District. The President of the District’s Board of Directors is also
the Chairperson of the Authority. Three District directors and a Supervisor from Santa Clara County are
also on the Authority Board. In effect, the Authority operates in tandem with the District.
FACTORS AFFECTING FINANCIAL CONDITION
The information presented in the financial statements is, perhaps best understood when considered from
the broader perspective of the environment in which the District operates.
State and Regional Economy
At the end of 2019, Beacon Economics projected further solid growth in the California economy for 2020
with the northern California region continuing to outpace other parts of the nation with gains in the
technology sector. This forecast was tempered by the region’s continuing issue with housing affordability
and full employment.
However, this forecast changed with the onset of the COVID-19 pandemic when Governor Newsom
declared a state of emergency on March 4, 2020, followed by an executive order directing all Californians
to stay home except for essential employment or shopping for essential needs. The County health officers
of both San Mateo and Santa Clara ordered residents to shelter-in-place as of March 16, 2020.
The updated UCLA Anderson Forecast released in June 2020 showed the expectation for a severe downturn
in economic activity by the fourth quarter of 2020, with U.S. GDP slowing by 8.6% as compared to the
fourth quarter of 2019. The national unemployment rate is expected to be 10%, with full recovery not
expected until 2023. Given California’s large proportion of tourism and trans-Pacific transportation, the
forecast showed the state’s unemployment rate rising to 14.6% by the end of the second quarter as it sheds
2.2 million payroll jobs.
In its most recent report for Fall 2019, Beacon Economics report shows that job growth in the South Bay
area continues to expand a rate much higher than the state average, with the flagship technology sector
recording 3.7% job growth from August 2018 to August 2019 as compared to 1.8% for the state as a whole.
The two main challenges to the Bay area economy remain housing affordability and the lack of investment
in aging infrastructure that is being further strained by population and job growth.
The District’s boundaries encompass a large swath of the Silicon Valley, which continues to be to world’s
premier location for the technology industry with a long culture of entrepreneurship and innovation. The
District typically derives nearly 90 percent of its total revenues from property taxes, with two-thirds of its
general fund property tax revenue from Santa Clara County and one-third from San Mateo County.
The real estate market in the both San Mateo and Santa Clara counties continue to demonstrate strong
demand in both the residential and commercial sectors. For fiscal year 2020-21, the Santa Clara County
Assessor’s Office showed that the assessment roll increased by 6.87 percent, to a total of $551.5 billion.
Similarly, San Mateo County reported that the total value of assessed properties increased by 7.02 percent
for FY 2020-21 to a record $255.1 billion. Total assessments within the District’s boundaries increased by
9.3 percent for FY 2019-20. Over the past 10 years, the District’s general fund property tax revenues have
increased by an annual average of over 9 percent.
In a report released for September 2020 by the California Association of Realtors, residential prices showed
a year-on-year increase of 20.6 percent in San Mateo County and 14.5 percent in Santa Clara County.
While the assessed value continues to grow in both counties, each of the assessor offices remains concerned
about the well-publicized affordability issues in the Bay Area. The impact of the recent voter-approved
Proposition 19 allowing to keep their existing tax base under certain circumstances, remains to be seen.
While the COVID-19 pandemic does not appear to have a negative impact on residential property,
commercial development activity and valuations may face headwinds in the coming years as work from
home practices become the norm.
According to the Federal Reserve Bank of St. Louis, personal income levels as of 2017 (the most recent
year for which county data is available) show per capita income of $98,032 for Santa Clara and $113,410
for San Mateo, which are significantly above $60,156 for the State and $51,869 for the nation.
In face of the continuing COVID-19 pandemic, the District is continuing to develop prudent spending plans,
providing it with the financial resources to deal with a potential recession. The aforementioned housing
affordability crisis and tight labor market continue to present challenges for hiring and retention of
employees. Construction costs for capital projects are still increasing at more rapid pace than general
inflation and the construction labor market remains very tight. The District is continuing its to increase its
profile with the contractor community with greater outreach.
Major Initiatives
In the 2019-20 Fiscal year the District’s achieved the completion of major projects and actions including
the following:
Continued major progress of Phase 2 public access projects at Bear Creek Redwoods Preserve
including:
•Completion of a new restroom facility, adjustments to the new ADA-accessible loop trail, and
feasibility analysis/preliminary design work for further trails.
•Completed improvements to Mud Lake by replacing the spillway and outlet, installation of
storm water swale improvements and replacement of storm water culverts which will protect
Bear Creek Road from flooding and pond habitats.
Completed Phase 3 and 4 of the new Oljon Trail connecting Steam Donkey to the Springboard Trail,
at El Corte de Madera Preserve.
Substantially completed the new 0.6-mile segment of the San Francisco Bay Trail with construction of
a new boardwalk and bridge across sensitive bayland wetlands. This closes a critical regional trail gap
at Ravenswood Preserve, creating 80 miles of continuous Bay Trail access.
Completed the third and final year of a stream gauge and sediment study at El Corte de Madera Creek
Preserve to assess the effectiveness or erosion reduction projects with the aim of improving fishery
streams.
Constructed a bridge and completed revegetation work along the Stevens Creek Nature Trail in Monte
Bello Preserve.
Continued work to prevent and prepare for wildland fires in response to the increasing fire threat in
California. Released a notice of EIR preparation on the developing Wildland Fire Resiliency Program
and received approval for the removal of fire-prone eucalyptus trees at Los Trancos Preserve.
Made significant progress to bring new Midpen office facilities online for improved administrative
functions and delivery of projects and services. This included both the new South Area Field Office
and the District’s new Administrative Headquarters.
Purchased 542.6 acres of open space lands valued at $12.668 million, including:
•The 540-acre Gordon Ridge property as an addition to Tunitas Creek Preserve to support
watershed preservation and conservation grazing.
•The 1.7-acre Gallaway property as an addition to El Corte de Madera Creek Preserve.
•The District also received a gift of 240 acres from the Giusti Family Trust as an addition to
•Purisima Creek Redwood Preserve.
Relevant Financial Policies
Budget Policy
The District follow best practices in budgeting, including: assessment of constituent needs, development
of long range plans, adherence to budget preparation and adoption procedures, monitoring of performance,
and adjustment of budget as required. The District budget is divided into four categories: Operating
Budget, Capital Budget, Land and Associated Costs, and Debt Service. The budget is prepared and adopted
on a cash-basis, whereas the annual financial statements are prepared on a modified accrual basis. The
budget can be amended during the year, in accordance with the Board Budget and Expenditure Policy which
states that increases to any of the four budget categories must be approved by the Board.
Investment Policy
The District’s Investment Policy is adopted annually, in accordance with State law. The policy provides
guidance and direction for the prudent investment of District funds to safeguard the principal of invested
funds and achieve a return on funds while ensuring the liquidity needs of the District. The ultimate goal is
to maximize the efficiency of the District’s cash management system, and to enhance the economic status
of the District, while protecting its pooled cash.
The investment of funds is governed by the California Government Code Section 53601 et seq., and by
California Government Code Section 53630 et seq. Funds on deposit in banks must be federally insured
or collateralized in accordance with the provisions of California Government Code Section 53630 et seq.
Fund Balance Policy
The Board of Directors adopted the Fund Balance Policy in 2014, and updated the Policy in 2016 to achieve
the following goals: provide adequate funding to meet the District’s short-term and long-term plans;
provide funds for unforeseen expenditures related to emergencies such as natural disasters; strengthen the
District’s financial stability against present and future uncertainties such as economic downturns and
revenue shortfalls; and maintain an investment-grade bond rating. This policy has been developed with the
counsel of the District’s independent auditors, to meet the requirements of GASB 54.
The components of the District fund balances are as follows:
•Non-Spendable fund balance includes amounts that cannot be spent either because they are not in
spendable form, e.g. prepaid insurance, or because of legal or contractual constraints. At all times,
the District shall hold fund balance equal to the sum of its non-spendable assets.
•Restricted fund balance includes amounts that are constrained for specific purposes which are
externally imposed by constitutional provisions, enabling legislation, creditors, or contracts.
•Committed fund balance includes amounts that are constrained for specific purposes that are
internally imposed by the District Board of Directors. Funds spent from committed funds shall be
reimbursed from the general fund within two years.
•Assigned fund balance includes amounts that are intended to be used for specific purposes that are
neither restricted nor committed. Such amounts may be assigned by the General Manager if
authorized by the Board of Directors to make such designations. Projects to be funded by assigned
funds require the approval of the General Manager. Funds spent from assigned funds shall be
reimbursed from the general fund within two years.
•Unassigned fund balance includes amounts within the general fund which have not been classified
within the above categories. The Board shall designate the minimum amount of unassigned fund
balance which is to be held in reserve in consideration of unanticipated events that could adversely
affect the financial condition of the District and potentially jeopardize the continuation of necessary
public services. The current minimum unassigned fund balance is 30% of the Budgeted General
Fund Tax Revenue.
Debt Management Policy
The Board of Directors adopted a debt management policy on July 12, 2017. The stated purpose of the
Debt Management Policy is to establish the overall parameters for issuing, structuring and administering
the debt of the District in compliance with applicable federal and State securities laws. The Debt
Management Policy was developed in conjunction with the procedures for Initial and Continuing
Disclosure Relating to Bond Issuances, with the latter ensuring that statements or releases of information
to the public and investors relating to the finances of the District are complete, true and accurate in all
material respects.
AWARDS
The Government Finance Officers Association of the United States and Canada (GFOA) awarded a
Certificate of Achievement to the District for its Comprehensive Annual Financial Report for the Fiscal
Year Ended June 30, 2019. This was the third year that the District received this prestigious national award.
The Certificate of Achievement is the highest form of recognition in governmental accounting and financial
reporting. To receive the award, the District must publish a Comprehensive Annual Financial Report that
is easily readable and efficiently organized, and the contents of the report must conform to program
standards and satisfy generally accepted accounting principles and applicable legal requirements.
A Certificate of Achievement for Excellence in Financial Reporting is valid for one year. We believe that
our current report continues to conform to the Certificate requirements, and we are submitting it to the
GFOA for another award of the certificate.
ACKNOWLEDGEMENTS
The preparation of this Comprehensive Annual Financial Report could not have been completed without
the efforts and contributions of its staff, as well as other departments across the District. Management also
wishes to acknowledge the invaluable assistance of Chavan & Associates, the District’s independent
auditors who contributed to the preparation of this Comprehensive Annual Financial Report.
Lastly, we wish to acknowledge the District’s Board of Directors for their continued interest in support of
the District’s effort to improve and strengthen its financial operations and reporting.
Respectfully submitted,
/s/Stefan Jaskulak /s/ Ana Maria Ruiz
Stefan Jaskulak Ana Maria Ruiz
Chief Financial Officer/ General Manager
Director of Administrative Services
Board of Directors & Management
EXECUTIVE MANAGEMENT
Ana María Ruiz–General Manager
Hilary Stevenson–General Counsel
Mike Foster–Controller
Susanna Chan–Assistant General Manager/Project Planning and Delivery
Brian Malone–Assistant General Manager/Visitor and Field Services
Stefan Jaskulak–Chief Financial Officer/Director of Administrative Services
Mission Statement——————————————————————————––––––––––––——————————————————————————————
The mission of the Midpeninsula Regional Open Space District is to acquire and preserve a
regional greenbelt of open space land in perpetuity, protect and restore the natural environment,
and provide opportunities for ecologically sensitive public enjoyment and education.
District Wards Left to right: Zoe Kersteen-Tucker, Curt Riffle, Yoriko Kishimoto, Jed Cyr, Karen
Holman, Larry Hassett, Pete Siemens.
——————————————————————————––––––––––––————————————————————————————————
Pete Siemens Ward 1: Cupertino, Los Gatos, Monte Sereno, Saratoga——————————————————————————––––––––––––————————————————————————————————
Yoriko Kishimoto–Board Treasurer Ward 2: Cupertino, Los Altos, Los Altos Hills, Palo Alto, Stanford, Sunnyvale ——————————————————————————––––––––––––————————————————————————————————
Jed Cyr–Board Secretary Ward 3: Sunnyvale ——————————————————————————––––––––––––————————————————————————————————
Curt Riffle–Board Vice President Ward 4: Los Altos, Mountain View ——————————————————————————––––––––––––————————————————————————————————
Karen Holman–Board President Ward 5: East Palo Alto, Menlo Park, Palo Alto, Stanford——————————————————————————––––––––––––————————————————————————————————
Larry Hassett Ward 6: Atherton, La Honda, Loma Mar, Menlo Park, Pescadero,
Portola Valley, Redwood City, San Gregorio, Woodside——————————————————————————––––––––––––————————————————————————————————
Zoe Kersteen-Tucker Ward 7: El Granada, Half Moon Bay, Montara, Moss Beach, Princeton,
Redwood City, San Carlos, Woodside——————————————————————————––––––––––––————————————————————————————————
Organizational Chart
Midpen At-A-Glance
Public
Board of
Directors ControllerGeneral
Counsel
General
Manager
Public Affairs
Department
Executive Assistant/
Deputy District Clerk
District Clerk/Assistant
to the General Manager
Visitor and Field Services
Assistant General Manager
Finance and Administrative
Services
CFO-Director of
Administrative Services
Project Planning and Delivery
Assistant General Manager
Visitor
Services
Department
Land and
Facilities
Department
Natural
Resources
Department
Planning
Department
Real
Property
Department
Engineering
and
Construction
Department
Budget and
Analysis
Department
Information
Systems and
Technology
Department
Finance
Department
Human
Resources
Department
Founded in 1972 Nearly 65,000
Acres Preserved
245 Miles of Trails 26 Preserves
182 Full-Time
Employees
Over 2 Million
Visitors Per Year
$81.2 Million
Budget
770,000
Residents
Regional Map
Achievement Award
Financial Section
INDEPENDENT AUDITOR’S REPORT
To the Board of Directors
of the Midpeninsula Regional Open Space District
Los Altos, California
Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities and each
major fund for Midpeninsula Regional Open Space District (the District), as of and for the year ended
June 30, 2020, and the related notes to the financial statements, which collectively comprise the
District’s basic financial statements as listed in the table of contents.
Management’s Responsibility for the Financial Statements
The District’s management is responsible for the preparation and fair presentation of these financial
statements in accordance with accounting principles generally accepted in the United States of
America; this includes the design, implementation, and maintenance of internal control relevant to the
preparation and fair presentation of financial statements that are free from material misstatement,
whether due to fraud or error.
Auditor’s Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We
conducted our audit in accordance with auditing standards generally accepted in the United States of
America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Those standards require that we
plan and perform the audit to obtain reasonable assurance about whether the financial statements are
free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures
in the financial statements. The procedures selected depend on the auditor’s judgment, including the
assessment of the risks of material misstatement of the financial statements, whether due to fraud or
error. In making those risk assessments, the auditor considers internal control relevant to the District’s
preparation and fair presentation of the financial statements in order to design audit procedures that
are appropriate in the circumstances, but not for the purpose of expressing an opinion on the
effectiveness of the District’s internal control. Accordingly, we express no such opinion. An audit
also includes evaluating the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluating the overall presentation
of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis
for our audit opinions.
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities and each major fund of the District, as of
June 30, 2020, and the respective changes in financial position and for the year then ended in
accordance with accounting principles generally accepted in the United States of America.
Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the
management’s discussion and analysis, budgetary comparison information for the general fund,
schedule of pension plan contributions, schedule of net pension liability proportionate share, schedule
of contributions for postemployment benefits, and schedule of changes in net OPEB liability, as listed
in the table of contents, be presented to supplement the basic financial statements. Such information,
although not a part of the basic financial statements, is required by the Governmental Accounting
Standards Board who considers it to be an essential part of financial reporting for placing the basic
financial statements in an appropriate operational, economic, or historical context. We have applied
certain limited procedures to the required supplementary information in accordance with auditing
standards generally accepted in the United States of America, which consisted of inquiries of
management about the methods of preparing the information and comparing the information for
consistency with management’s responses to our inquiries, the basic financial statements, and other
knowledge we obtained during our audit of the basic financial statements. We do not express an
opinion or provide any assurance on the information because the limited procedures do not provide us
with sufficient evidence to express an opinion or provide any assurance.
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that
collectively comprise the District’s basic financial statements. The introductory section, budgetary
comparison information for the capital projects funds and the debt service fund, the schedule of
program expenditures for the Measure AA Bond Program, and the statistical sections are presented
for purposes of additional analysis and are not a required part of the basic financial statements.
The schedule of program expenditures for the Measure AA Bond Program is the responsibility of
management and was derived from and relates directly to the underlying accounting and other records
used to prepare the basic financial statements. Such information has been subjected to the auditing
procedures applied in the audit of the basic financial statements and certain additional procedures,
including comparing and reconciling such information directly to the underlying accounting and other
records used to prepare the basic financial statements or to the basic financial statements themselves,
and other additional procedures in accordance with auditing standards generally accepted in the
United States of America. In our opinion, the schedule of program expenditures for the Measure AA
Bond Program is fairly stated, in all material respects, in relation to the basic financial statements as a
whole.
The introductory section, budgetary comparison information for the capital projects funds and the
debt service fund, and statistical sections included have not been subjected to the auditing procedures
applied in the audit of the basic financial statements and, accordingly, we do not express an opinion
or provide any assurance on them.
Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated December
1, 2020 on our consideration of the District’s internal control over financial reporting and on our tests
of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and
other matters. The purpose of that report is to describe the scope of our testing of internal control over
financial reporting and compliance and the results of that testing, and not to provide an opinion on
internal control over financial reporting or on compliance. That report is an integral part of an audit
performed in accordance with Government Auditing Standards in considering the District’s internal
control over financial reporting and compliance.
December 1, 2020
San Jose, California
Management’s Discussion and Analysis
INTRODUCTION
The purpose of the Management’s Discussion and Analysis (MD&A) is to present a discussion and analysis of the
District’s financial performance during the year ended on June 30, 2020. This report will (1) focus on significant
financial issues, (2) provide an overview of the District’s financial activity, (3) identify changes in the District’s
financial position, (4) identify any individual fund issues or concerns, and (5) provide descriptions of significant asset
and debt activity. This information, presented in conjunction with the annual Basic Financial Statements, is intended to
provide a comprehensive understanding of the District’s operations and financial standing.
Required Components of the Annual Financial Report
OVERVIEW AND USE OF THE FINANCIAL STATEMENTS
This annual report consists of a series of basic financial statements and notes. The statements are organized so the
reader can understand the District as an entire operating entity by providing an increasingly detailed look at specific
financial activities.
The Statement of Net Position and Statement of Activities is comprised of the government-wide financial statements
and provides information about the activities of the District as a whole, presenting both an aggregate view of the
District’s finances as well as a longer-term view of those finances. Fund Financial Statements provide the next level of
detail. For governmental funds, these statements reflect how services were financed in the short-term as well as what
remains for future spending. The Basic Financial Statements also include notes that explain some of the information in
the financial statements and provide more detailed data.
The full annual financial report is a product of three separate parts: the basic financial statements, supplementary
information, and this section, the Management’s Discussion and Analysis. The three sections together provide a
comprehensive financial overview of the District. The basic financials are comprised of two kinds of statements that
present financial information from different perspectives, government-wide and fund statements.
Government-wide financial statements, which comprise the first two statements, provide both short-term and long-
term information about the District’s overall financial position.
Individual parts of the District, which are reported as fund financial statements, focus on reporting the District’s
operations in more detail. These fund financial statements comprise the remaining statements.
Management’s
Discussion & Analysis
Government-Wide
Financial Statements
Fund
Financial Statements
Notes to the
Financial Statements
Basic
Financial Statements
�� N o t e s t o t h e f i n a n c i a l s t a t e m e n t s , p r o v i d e m o r e d e t a i l e d d a t a a n d p r o v i d e e x p l a n a t i o n s t o s o m e o f t h e i n f o r m a t i o n
i n t h e s t a t e m e n t s . T h e r e q u i r e d s u p p l e m e n t a r y i n f o r m a t i o n s e c t i o n p r o v i d e s f u r t h e r e x p l a n a t i o n s a n d a d d i t i o n a l
s u p p o r t f o r t h e f i n a n c i a l s t a t e m e n t s .
G O V E R N M E N T - W I D E F I N A N C I A L S T A T E M E N T S - S T A T E M E N T O F N E T P O S I T I O N A N D T H E S T A T E M E N T O F
A C T I V I T I E S
T h e v i e w o f t h e D i s t r i c t a s a w h o l e l o o k s a t a l l f i n a n c i a l t r a n s a c t i o n s a n d a s k s t h e q u e s t i o n , H o w d i d w e d o f i n a n c i a l l y
d u r i n g t h e f i s c a l y e a r 1 8 9 9 - 2 0 2 0 . T h e S t a t e m e n t o f N e t P o s i t i o n a n d t h e S t a t e m e n t o f A c t i v i t i e s a n s w e r s t h i s q u e s t i o n .
T h e s e s t a t e m e n t s i n c l u d e a l l a s s e t s a n d l i a b i l i t i e s u s i n g t h e a c c r u a l b a s i s o f a c c o u n t i n g s i m i l a r t o t h e a c c o u n t i n g
p r a c t i c e s u s e d b y m o s t p r i v a t e - s e c t o r c o m p a n i e s . T h i s b a s i s o f a c c o u n t i n g t a k e s i n t o a c c o u n t a l l o f t h e c u r r e n t y e a r
r e v e n u e s a n d e x p e n s e s r e g a r d l e s s o f w h e n c a s h i s r e c e i v e d o r p a i d .
T h e s e t w o s t a t e m e n t s r e p o r t t h e D i s t r i c t s n e t p o s i t i o n a n d c h a n g e s i n n e t p o s i t i o n . T h i s c h a n g e i n n e t p o s i t i o n i s
i m p o r t a n t b e c a u s e i t t e l l s t h e r e a d e r t h a t , f o r t h e D i s t r i c t a s a w h o l e , w h e t h e r t h e f i n a n c i a l p o s i t i o n o f t h e D i s t r i c t h a s
i m p r o v e d o r d i m i n i s h e d . T h e c a u s e s o f t h i s c h a n g e m a y b e t h e r e s u l t o f m a n y f a c t o r s , s o m e f i n a n c i a l , a n d s o m e n o t .
N o n - f i n a n c i a l f a c t o r s i n c l u d e t h e D i s t r i c t s p r o p e r t y t a x b a s e , c u r r e n t p r o p e r t y t a x l a w s i n C a l i f o r n i a r e s t r i c t i n g r e v e n u e
g r o w t h , f a c i l i t y c o n d i t i o n s a n d o t h e r f a c t o r s .
I n t h e S t a t e m e n t o f N e t P o s i t i o n a n d t h e S t a t e m e n t o f A c t i v i t i e s , t h e D i s t r i c t r e p o r t s g o v e r n m e n t a l a c t i v i t i e s w h i c h
r e f l e c t t h e D i s t r i c t s p r o g r a m s a n d s e r v i c e s . T h e D i s t r i c t d o e s n o t h a v e a n y b u s i n e s s t y p e a c t i v i t i e s .
F I N A N C I A L H I G H L I G H T S
A s t h e o v e r a l l e c o n o m y c o n t i n u e d t o g r o w t h r o u g h o u t t h e S i l i c o n V a l l e y , t h e D i s t r i c t w i t n e s s e d f u r t h e r s t r o n g g r o w t h
i n t h e a s s e s s e d v a l u a t i o n o f b o t h s e c u r e d a n d u n s e c u r e d p r o p e r t y w i t h i n i t s b o u n d a r i e s . T h e 2 0 1 9 - 2 0 a s s e s s e d
v a l u a t i o n r e p o r t s r e l e a s e d i n A u g u s t 2 0 1 9 s h o w e d D i s t r i c t - w i d e a s s e s s e d v a l u e s i n c r e a s i n g b y 9 . 3 % ( 6 . 3 % i n S a n t a
C l a r a a n d 1 6 . 7 % i n S a n M a t e o ) . T h e D i s t r i c t r e c e i v e d 6 7 % o f i t s t a x r e v e n u e f r o m S a n t a C l a r a C o u n t y a n d 3 3 % f r o m
S a n M a t e o C o u n t y .
O t h e r f i n a n c i a l h i g h l i g h t s i n c l u d e d :
" T a x r e v e n u e r e l a t e d t o t h e G O b o n d s a m o u n t e d t o $ 5 . 2 m i l l i o n .
" P u r c h a s e d $ 2 3 . 2 m i l l i o n i n l a n d a n d a s s o c i a t e d s t r u c t u r e s f u n d e d t h r o u g h c a s h p a y m e n t s a n d g r a n t s .
" T h e D i s t r i c t r e c o r d e d d e f e r r e d o u t f l o w s o f r e s o u r c e s o f $ 1 3 , 2 7 2 , 7 5 9 a n d d e f e r r e d i n f l o w s o f r e s o u r c e s o f
$ 1 , 7 8 6 , 4 4 7 a s r e q u i r e d b y G A S B 6 8 a n d G A S B 7 5 f o r p e n s i o n a n d o t h e r p o s t e m p l o y m e n t b e n e f i t a c c o u n t i n g
a n d r e p o r t i n g . D e f e r r e d o u t f l o w s o f r e s o u r c e s a r e t e c h n i c a l l y n o t a s s e t s b u t i n c r e a s e t h e S t a t e m e n t o f N e t
P o s i t i o n s i m i l a r t o a n a s s e t a n d d e f e r r e d i n f l o w s o f r e s o u r c e s a r e t e c h n i c a l l y n o t l i a b i l i t i e s b u t d e c r e a s e t h e
S t a t e m e n t o f N e t P o s i t i o n s i m i l a r t o l i a b i l i t i e s . S e e N o t e 1 i n t h e n o t e s t o f i n a n c i a l s t a t e m e n t s f o r a d e f i n i t i o n .
" T h e D i s t r i c t s S e c t i o n 1 1 5 i r r e v o c a b l e t r u s t f o r p e n s i o n l i a b i l i t i e s h e l d w i t h t h e P u b l i c A g e n c y R e t i r e m e n t
S e r v i c e s ( P A R S ) h a s a v a l u e o f $ 4 , 0 6 3 , 2 0 2 a t y e a r e n d .
" F u l l y f u n d e d t h e D i s t r i c t s o t h e r p o s t e m p l o y m e n t b e n e f i t s p l a n a c c o r d i n g t o t h e a c t u a r i a l l y d e t e r m i n e d
c o n t r i b u t i o n f o r c u r r e n t y e a r , a s n o t e d i n t h e s c h e d u l e o f c o n t r i b u t i o n f o r p o s t e m p l o y m e n t b e n e f i t s .
T h e a s s e t s o f t h e D i s t r i c t e x c e e d e d l i a b i l i t i e s a t t h e c l o s e o f t h e 2 0 2 0 f i s c a l y e a r b y $ 3 9 2 m i l l i o n . O f t h i s t o t a l n e t
p o s i t i o n , $ 3 7 1 m i l l i o n , o r 9 5 % , w a s t h e D i s t r i c t s n e t i n v e s t m e n t i n c a p i t a l a s s e t s ( c a p i t a l a s s e t s n e t o f r e l a t e d d e b t ) .
REPORTING THE DISTRICT’S MOST SIGNIFICANT FUNDS
Fund Financial Statements
Fund financial reports provide detailed information about the District’s major funds. The District uses one operating
fund, the General Fund, to account for a multitude of financial transactions, two capital project funds to account for
capital projects, and one debt service fund to account for debt service payments.
Governmental Funds
The General Fund is a governmental fund type and is reported using an accounting method called modified accrual
accounting, which measures cash and all other financial assets that can readily be converted to cash. The governmental
fund statements provide a detailed short-term view of the District’s general government operations and the basic
services it provides. Governmental fund information helps determine whether there are more or fewer financial
resources that can be spent in the future to finance educational programs. The relationship (or differences) between
governmental activities (reported in the Statement of Net position and the Statement of Activities) and governmental
funds is reconciled in the financial statements.
THE DISTRICT AS A WHOLE
Recall that the Statement of Net Position provides the perspective of the District as a whole. Table 1 provides a
summary of the District’s net position as compared to last period:
Percentage
2020 2019 Change Change
Assets
Current Assets 105,437,703$ 108,643,304$ (3,205,601)$ -2.95%
Other Noncurrent Assets 488,551 562,532 (73,981) -13.15%
Capital Assets 526,101,317 504,559,409 21,541,908 4.27%
Total Assets 632,027,571$ 613,765,245$ 18,262,326$ 2.98%
Total Deferred Outflows of Resources 13,272,759$ 14,826,493$ (1,553,734)$ -10.48%
Liabilities
Current Liabilities 16,110,600$ 16,695,948$ (585,348)$ -3.51%
Noncurrent Liabilities 235,321,577 243,049,767 (7,728,190) -3.18%
Total Liabilities 251,432,177$ 259,745,715$ (8,313,538)$ -3.20%
Total Deferred Inflows of Resources 1,786,447$ 1,471,865$ 314,582$ 21.37%
Net Position
Net Investment in Capital Assets 371,186,303$ 351,151,768$ 20,034,535$ 5.71%
Restricted 6,277,961 8,207,641 (1,929,680) -23.51%
Unrestricted 14,617,442 8,014,749 6,602,693 82.38%
Total Net Position 392,081,706$ 367,374,158$ 24,707,548$ 6.73%
Table 1 - Summary of Statement of Net Position
Total net position increased by $24.7 million, as revenues exceeded expenses. Current assets decreased mainly due to
the use of cash and investments to pay for capital outlay and retirement of long-term debt. Capital assets increased by
$21.5 million mostly from the purchase of land and related infrastructure. Principal payments on outstanding bonds and
promissory notes were the main reason for the $7.7 million decrease in noncurrent liabilities.
Table 2 shows the changes in net position for 2020 as compared to period 1899.
Percentage
2020 2019 Change Change
Revenues
Program revenues 5,948,662$ 3,442,075$ 2,506,587$ 72.82%
General revenues:
Property taxes 57,250,664 54,395,054 2,855,610 5.25%
Investment earnings 2,307,193 3,627,639 (1,320,446) -36.40%
Miscellaneous 1,556,894 1,874,272 (317,378) -16.93%
Total Revenues 67,063,413 63,339,040 3,724,373 5.88%
Program Expenses
Land preservation 32,482,326 34,304,215 (1,821,889) -5.31%
Interest 9,873,539 10,448,784 (575,245) -5.51%
Total Expenses 42,355,865 44,752,999 (2,397,134) -5.36%
Change in Net Position 24,707,548 18,586,041 6,121,507 32.94%
Beginning Net Position 367,374,158 348,788,117 18,586,041 5.33%
Ending Net Position 392,081,706$ 367,374,158$ 24,707,548$ 6.73%
Table 2 - Summary of Changes in Net Position
There was an increase in change in net position by $24.7 million, as revenues exceeded expenses.
THE DISTRICT’S FUND BALANCE
Table 3 provides an analysis of the District’s fund balances and the total change in fund balances from the prior year.
Measure AA Debt
General Capital GF Capital Service Percentage
Fund Projects Fund Projects Fund Fund Total 2019 Change
Nonspendable for prepaid expenditure 205,929$ -$ -$ -$ 205,929$ 185,984$ 11%
Restricted for debt service - - - 4,813,811 4,813,811 6,775,924 -29%
Restricted for Measure AA Projects - 32,301,379 - - 32,301,379 37,944,253 -15%
Restricted for Hawthorn maintenance 1,464,150 - - - 1,464,150 1,431,717 2%
Restricted for capital projects - - 6,843,580 - 6,843,580 8,254,539 -17%
Restricted for pension 4,063,202 - - - 4,063,202 2,531,030 61%
Committed for infrastructure 18,618,465 - - - 18,618,465 17,688,465 5%
Committed for equipment replacement 3,000,000 - - - 3,000,000 3,000,000 0%
Committed for capital maintenance 5,000,000 - - - 5,000,000 5,000,000 0%
Committed for future acquisitions
and capital projects 6,000,000 - - - 6,000,000 3,000,000 100%
Committed for promissory note 900,000 - - - 900,000 600,000 50%
Assigned for ongoing projects 710,000 - - - 710,000 1,400,000 -49%
Unassigned 16,978,717 - - - 16,978,717 16,515,392 3%
Total Fund Balance 56,940,463$ 32,301,379$ 6,843,580$ 4,813,811$ 100,899,233$ 104,327,304$ -3%
Table 3 - Summary of Fund Balance (All Governmental Funds)
2020
In accordance with the District’s thirty-year strategic plan, the Board of Directors committed an additional $3 million in
2020 for future acquisitions and capital projects. This was an increase to its existing reserves for infrastructure,
equipment replacement, and capital maintenance. See Note 1 in the notes to the basic financial statements of the audit
report for a description of each commitment.
The fund balances restricted for debt service, measure AA projects, and capital projects decreased by 29%, 15%, and
17%, respectively due to District expended more out of these funds during the year ended June 30, 2020. The fund
balance restricted for pension increased by 61% as District reserved more for future pension payments. The fund
balance committed for promissory notes increased by 50% as District reserved more for future promissory note
payments. The fund balance assigned for ongoing projects decreased by 49% since District expended more out of this
fund for ongoing projects during the year ended June 30, 2020.
GENERAL FUND BUDGETING HIGHLIGHTS
The District’s budget is prepared according to California law and in the modified accrual basis of accounting.
During the course of 2020, the District revised its General Fund budget, which resulted in an decrease in budgeted
expenditures of $1.5 million from the original to final budget. The revenue was revised from $56.0 million to $55.9
million due to decrease in grant revenue. A summary of the original and final budget is presented below:
Percent
Original Budget Final Budget Change Change
Revenues
Property taxes 51,863,000$ 51,883,000$ 20,000$ 0.04%
Grant revenues 488,300 388,300 (100,000) -20.48%
Property management 1,078,000 1,078,000 - 0.00%
Investment earnings 2,099,878 2,099,878 - 0.00%
Other revenues 479,157 479,157 - 0.00%
Total Revenues 56,008,335 55,928,335 (80,000) -0.14%
Expenditures
Salaries and employee benefits 25,349,838 25,460,977 111,139 0.44%
Services and supplies 11,746,210 10,160,745 (1,585,465) -15.60%
Capital outlay 48,000 - (48,000) -100.00%
Total Expenses 37,144,048 35,621,722 (1,522,326) -4.27%
Net Change in Fund Balance 18,864,287$ 20,306,613$ 1,442,326$ 7.65%
Table 4 - Summary of Original to Final Budgets
CAPITAL ASSETS
Table 5 shows 2020 capital asset balances as compared to 1899.
Percentage
2020 2019 Change Change
Land 450,098,759$ 437,763,645$ 12,335,114$ 2.82%
Construction-in-Progress 17,313,507 16,193,374 1,120,133 6.92%
Structure and Improvements 19,118,187 18,059,730 1,058,457 5.86%
Infrastructure 37,093,321 29,542,214 7,551,107 25.56%
Equipment 1,092,107 1,113,614 (21,507) -1.93%
Vehicles 1,385,436 1,886,832 (501,396) -26.57%
Total Capital Assets - Net 526,101,317$ 504,559,409$ 21,541,908$ 4.27%
Table 5 - Summary of Capital Assets Net of Depreciation
Additional detail and information on capital asset activity is described in the notes to the financial statements, note 5.
LONG TERM LIABILITIES
Table 6 summarizes the changes in long-term liabilities from 2020 to 1899.
Percentage
2020 2019 Change Change
Promissory Notes 37,938,606$ 38,899,934$ (961,328)$ -2.47%
Bonds 190,555,234 199,505,576 (8,950,342) -4.49%
Net Pension Liability 11,828,627 10,412,478 1,416,149 13.60%
Net OPEB Liability 1,500,844 1,862,277 (361,433) -19.41%
Compensated Absences 2,777,151 2,368,387 408,764 17.26%
Total Long-term Liabilities 244,600,462$ 253,048,652$ (8,448,190)$ -3.34%
Table 6 - Summary of Long-term Liabilities
Additional detail and information on long-term liabilities activity is described in the notes to the financial statements,
note 6.
ECONOMIC FACTORS AND NEXT YEAR’S BUDGET
The Board of Directors adopted the District’s budget for fiscal year 2020-21 on June 24, 2020. This budget assumes
$65.2 million in revenues and a growth in general fund property tax income of 3.8% over the prior year’s adopted
budget. This budget funds $27.7 million of capital spending, of which $10.2 million is expected to qualify for
reimbursement from Measure AA GO bond funds. General Fund operating expenditures are budgeted at $35.0 million,
a 7.0% decrease over the prior year’s adopted budget. Debt service is budgeted at $16.6 million, with $6.0 million
related to the Measure AA general obligation bonds. If all revenues, expenditures (including debt service) occur as
budgeted, the District’s overall cash balances would increase by approximately $0.8 million.
CONTACTING THE DISTRICT’S FINANCIAL MANAGEMENT
This financial report is designed to provide our citizens, taxpayers, parents, participants, investors and creditors with a
general overview of the District’s finances and to demonstrate the District’s accountability for the money it receives.
Questions concerning any of the information provided in this report or requests for additional financial information
should be addressed to the Administrative Office, Midpeninsula Regional Open Space District, 330 Distel Circle, Los
Altos, California 94022.
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Basic Financial Statements
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GOVERNMENT-WIDE STATEMENTS
Statement of Net Position and Statement of Activities
The Statement of Net Position and the Statement of Activities summarize the entire District’s financial activities
and financial position.They are prepared on the same basis as is used by most businesses,which means they
include all the District’s assets and all its liabilities,as well as all its revenues and expenses.This is known as the
full accrual basis.The effect of all of the District’s transactions is taken into account,regardless of whether or
when cash changes hands, but all material internal transactions between District funds have been eliminated.
The Statement of Net Position reports the difference between the District’s total assets and the District’s total
liabilities,including all the District’s capital assets and all its long-term debt.The Statement of Net Position
presents information in a way that focuses the reader on the composition of the District’s net position,by
subtracting total liabilities from total assets.
The Statement of Net Position summarizes the financial position of all of the District’s Governmental Activities
in a single column.The District’s Governmental Activities include the activities of its General Fund,along with
all its Special Revenue Funds, Capital Projects Funds, and Debt Service Funds.
The Statement of Activities reports increases and decreases in the District’s net position.It is also prepared on
the full accrual basis,which means it includes all the District’s revenues and all its expenses,regardless of when
cash changes hands.This differs from the “modified accrual”basis used in the Fund financial statements,which
reflect only current assets, current liabilities, available revenues and measurable expenditures.
The Statement of Activities presents the District’s expenses first,listed by program.Program revenues –that is,
revenues which are generated directly by these programs -are then deducted from program expenses to arrive at
the net expense of each governmental program.The District’s general revenues are then listed in the
Governmental Activities and the Change in Net Position is computed and reconciled with the Statement of Net
Position.
Both these Statements include the financial activities of the District and the Midpeninsula Regional Open Space
District Financing Authority.This entity is legally separate but is a component unit of the District because it is
controlled by the District, which is financially accountable for the Authority’s activities.
Assets
Current assets:
Cash and investments 104,639,305$
Accounts receivable:
Interest 214,097
Other 362,854
Taxes receivable 221
Other current assets 221,226
Total current assets 105,437,703
Noncurrent assets:
Notes receivable 74,509
Unamortized issuance costs 414,042
Non-depreciable capital assets 467,412,266
Capital assets, net of depreciation 58,689,051
Total noncurrent assets 526,589,868
Total Assets 632,027,571$
Deferred Outflows of Resources
OPEB adjustments 638,539$
Pension adjustments 4,083,643
Deferred loss on early retirement of long-term debt 8,550,577
Total Deferred Outflows of Resources 13,272,759$
Liabilities
Current liabilities:
Accounts payable 2,616,408$
Deposits payable 177,135
Payroll and other liabilities 1,744,926
Accrued interest 2,293,246
Current portion of long-term liabilities 9,278,885
Total current liabilities 16,110,600
Noncurrent liabilities:
Long-term liabilities - net of current portion 235,321,577
Total Liabilities 251,432,177$
Deferred Inflows of Resources
OPEB adjustments 215,779$
Pension adjustments 1,570,668
Total Deferred Inflows of Resources 1,786,447$
Net Position
Net investment in capital assets 371,186,303$
Restricted for:
Debt service 4,813,811
Hawthorne maintenance 1,464,150
Total restricted 6,277,961
Unrestricted 14,617,442
Total Net Position 392,081,706$
Midpeninsula Regional Open Space District
Statement of Net Position
June 30, 2020
The notes to the financial statements are an integral part of this statement.
Net (Expense)
Capital Revenue and
Charges for Grants and Changes in
Expenses Services Contributions Net Position
Governmental activities:
Land preservation 32,482,326$ 2,655,179$ 3,293,483$ (26,533,664)$
Interest and fiscal charges 9,873,539 - - (9,873,539)
Total governmental activities 42,355,865$ 2,655,179$ 3,293,483$ (36,407,203)
General revenues and special item:
Property taxes 57,250,664
Investment earnings 2,307,193
Other revenues 1,565,738
Special item - loss on disposal of capital assets (8,844)
Total general revenues and special item 61,114,751
Change in net position 24,707,548
Net position beginning 367,374,158
Net position ending 392,081,706$
Midpeninsula Regional Open Space District
Statement of Activities
For the Fiscal Year Ended June 30, 2020
Program Revenues
The notes to the financial statements are an integral part of this statement.
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Fund Title Fund Description
General Fund The fund is the general operating fund of the District. It is used to
account for all financial resources. The major revenue sources for
this fund are property taxes, grant revenues and interest income.
Expenditures are made for land preservation and other operating
expenditures.
Measure AA Capital Projects Fund This fund is used to account for resources from bond proceeds and
expenditures for capital projects related to the Measure AA GO
Bond.
GF Capital Projects Fund This fund is used to account for expenditures for capital projects not
related to any other capital projects funds.
Debt Service Fund This fund is used to account for accumulation of resources for, and
the payment of long-term debt principal, interest and related costs.
Resources are provided by General Fund transfers and interest
income on unspent funds.
FUND FINANCIAL STATEMENTS
MAJOR GOVERNMENTAL FUNDS
The funds described below were determined to be Major Funds by the District in fiscal year 2020.
Measure AA GF Capital Debt Total
General Capital Projects Service Governmental
Fund Projects Fund Fund Fund Funds
Assets
Cash and investments 59,060,612$ 33,044,310$ 7,720,572$ 4,813,811$ 104,639,305$
Receivables:
Interest 214,097 - - - 214,097
Other 362,854 - - - 362,854
Taxes receivable 221 - - - 221
Other current assets 221,226 - - - 221,226
Due from other funds 9,308,458 9,702,604 - - 19,011,062
Notes receivable 74,509 - - - 74,509
Total Assets 69,241,977$ 42,746,914$ 7,720,572$ 4,813,811$ 124,523,274$
Liabilities
Liabilities:
Accounts payable 913,498$ 1,137,077$ 565,833$ -$ 2,616,408$
Deposits payable 177,135 - - - 177,135
Due to other funds 9,391,445 9,308,458 311,159 - 19,011,062
Payroll and other liabilities 1,744,926 - - - 1,744,926
Total Liabilities 12,227,004 10,445,535 876,992 - 23,549,531
Deferred Inflows of Resources
Unavailable revenues 74,510 - - - 74,510
Fund Balance
Nonspendable:
Prepaid expenditures 205,929 - - - 205,929
Restricted for:
Debt service - - - 4,813,811 4,813,811
Measure AA capital projects - 32,301,379 - - 32,301,379
Hawthorn maintenance 1,464,150 - - - 1,464,150
Capital projects - - 6,843,580 - 6,843,580
Pension 4,063,202 - - - 4,063,202
Committed for:
Infrastructure 18,618,465 - - - 18,618,465
Equipment replacement 3,000,000 - - - 3,000,000
Capital maintenance 5,000,000 - - - 5,000,000
Future acquisitions and capital
projects 6,000,000 - - - 6,000,000
Promissory note 900,000 - - - 900,000
Assigned for:
Ongoing Projects 710,000 - - - 710,000
Unassigned 16,978,717 - - - 16,978,717
Total Fund Balance 56,940,463 32,301,379 6,843,580 4,813,811 100,899,233
Total Liabilities, Deferred Inflows
of Resources, and Fund Balance 69,241,977$ 42,746,914$ 7,720,572$ 4,813,811$ 124,523,274$
Balance Sheet
Midpeninsula Regional Open Space District
June 30, 2020
Governmental Funds
The notes to the financial statements are an integral part of this statement.
Total fund balance - governmental funds 100,899,233$
Amounts reported in the Statement of Net Position are different because:
Capital assets used in governmental activities are not financial resources and therefore are not
reported as assets in governmental funds.
Capital assets at cost 549,421,628$
Accumulated depreciation (23,320,311) 526,101,317
Principal on notes receivables are recorded as unearned revenue in the funds, which upon
collection is a current financial resource. In the government-wide financial statements,
repayment of the principal amount does not generate revenue in the statement of activities;
therefore, unearned revenue is not recorded.74,510
The difference between OPEB plan assumptions and estimates versus actuals are not included in the
plan's actuarial study until the next fiscal year and are reported as deferred outflows or
inflows of resources in the statement of net position.422,760
The difference between pension plan assumptions and estimates versus actuals are not included in the
plan's actuarial study until the next fiscal year and are reported as deferred outflows or
inflows of resources in the statement of net position.2,512,975
Interest payable on long-term debt does not require the use of current financial resources and,
therefore, is not reported in the governmental funds.(2,293,246)
Discounts and premiums related to bond issues are recorded as other financing
sources and uses in the fund financial statements but are recorded as assets or liabilities
and amortized over the life of the bond in the statement of net position:
Premium 24,263,367$
Issuance cost (414,042) (23,849,325)
Deferred loss on early retirement of long-term debt is recorded in the Statement of Net Position as a deferred
outflow of resources and amortized on a straight line basis over the original life of the defeased bond.8,550,577
Long-term liabilities are not due and payable in the current year and therefore are not reported
as liabilities in the funds. Long-term liabilities at year-end consists of:
Bonds 171,260,000$
Net pension liability 11,828,627
Promissory notes 32,970,473
Compensated absences 2,777,151
Net OPEB liability 1,500,844 (220,337,095)
Total net position - governmental activities 392,081,706$
Midpeninsula Regional Open Space District
Balance Sheet to the Statement of Net Position
June 30, 2020
Reconciliation of the Governmental Funds
The notes to the financial statements are an integral part of this statement.
Measure AA GF Capital Debt Total
General Capital Projects Service Governmental
Fund Projects Fund Fund Fund Funds
Revenues:
Property taxes 52,024,342$ -$ -$ 5,226,322$ 57,250,664$
Grant income 31,396 1,498,087 1,764,000 - 3,293,483
Property management 2,655,179 - - - 2,655,179
Investment earnings 1,014,726 1,007,460 216,363 88,317 2,326,866
Other revenues 261,702 - - - 261,702
Total revenues 55,987,345 2,505,547 1,980,363 5,314,639 65,787,894
Expenditures:
Current:
Land preservation:
Salaries and employee benefits 23,240,060 375,893 - - 23,615,953
Services and supplies 7,828,976 - - - 7,828,976
Capital outlay - 7,641,519 12,459,954 - 20,101,473
Debt service:
Principal - - - 9,115,000 9,115,000
Interest - - - 8,554,563 8,554,563
Total expenditures 31,069,036 8,017,412 12,459,954 17,669,563 69,215,965
Excess (deficiency) of revenues
over (under) expenditures 24,918,309 (5,511,865) (10,479,591) (12,354,924) (3,428,071)
Other financing sources (uses):
Transfers in 889,920 - 9,827,543 10,392,811 21,110,274
Transfers out (20,220,354) - (889,920) - (21,110,274)
Total other financing sources (uses) (19,330,434) - 8,937,623 10,392,811 -
Net changes in fund balance 5,587,875 (5,511,865) (1,541,968) (1,962,113) (3,428,071)
Fund balance beginning 51,352,588 37,944,253 8,254,539 6,775,924 104,327,304
Prior period adjustment - (131,009) 131,009 - -
Fund balance beginning - as adjusted 51,352,588 37,813,244 8,385,548 6,775,924 104,327,304
Fund balance ending 56,940,463$ 32,301,379$ 6,843,580$ 4,813,811$ 100,899,233$
Midpeninsula Regional Open Space District
Statement of Revenues, Expenditures and Changes in Fund Balance
Governmental Funds
For the Fiscal Year Ended June 30, 2020
The notes to the financial statements are an integral part of this statement.
Total net change in fund balance - governmental funds (3,428,071)$
Capital outlays are reported in governmental funds as expenditures. However, in the Statement of Activities, the
cost of those assets is allocated over their estimated useful lives as depreciation expense.
Expenditures capitalized as capital assets 24,674,628$
Depreciation expense (3,123,880)
Loss on disposal of capital asset (8,844) 21,541,904
Repayment of notes receivable is reported as revenue in the governmental funds because financial resources
were received and available during the fiscal year. In the statement of net position, the payment reduces
the principal balance of notes receivable and does not generate revenue in the statement of activities.(19,673)
Accreted interest on capital appreciation bonds is not recorded in the governmental funds but is required
to be recorded under the accrual basis of accounting in the government wide financial statements.(507,362)
The governmental funds report debt proceeds as an other financing source, while repayment of debt principal is
reported as an expenditure. Interest is recognized as an expenditure in the governmental funds when it is due.
The net effect of these differences in the treatment of long-term debt and related items is as follows:
Repayment of bond principal 7,830,000
Repayment of promissory notes principal 1,285,000 9,115,000
Deferred loss on early retirement of long-term debt is amortized over the life of the debt in the statement of
activities. Amortization expense is not reported in the governmental funds.(845,123)
Prepaid issuance costs, discounts and premiums related to bond issues are recorded as other financing
sources and uses in the fund financial statements but are recorded as assets or liabilities
and amortized over the life of the bond in the statement of net position:
Amortization of issuance costs and premiums - net 1,249,724
In the Statement of Activities, compensated absences are measured by the amount earned during the year. In
governmental funds, however, expenditures for those items are measured by the amount of financial
resources used (essentially the amounts paid). This year, vacation earned exceeded the amounts used.(408,764)
In governmental funds, actual contributions to pension and OPEB plans are reported as expenditures in the
year incurred. However, in the government-wide statement of activities, only the current year pension
and OPEB expense as noted in the plans' valuation reports is reported as an expense, as adjusted for
deferred inflows and outflows of resources.(2,077,906)
Interest on long-term debt in the Statement of Activities differs from the amount reported in the governmental funds
because interest is recognized as an expenditure in the funds when it is due and thus requires the use of
current financial resources. In the Statement of Activities, however, interest expense is recognized as the interest
accrues, regardless of when it is due.87,819
Change in net position of governmental activities 24,707,548$
Midpeninsula Regional Open Space District
Statement of Revenues, Expenditures and Changes in Fund Balance
For the Fiscal Year Ended June 30, 2020
Reconciliation of the Governmental Funds
to the Statement of Activities
The notes to the financial statements are an integral part of this statement.
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Notes to Financial Statements
NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES
A. General
The Midpeninsula Regional Open Space District (the District) was formed in 1972 to acquire and
preserve public open space land in northern and western portions of Santa Clara County. In June
1976, the southern and eastern portions of San Mateo County were annexed to the District. The
District annexed a small portion of the northern tip of Santa Cruz County in 1992. In September 2004,
the District completed the Coastside Protection Program, which extended the District boundaries to
the Pacific Ocean in San Mateo County, from the southern borders of Pacifica to the San Mateo/Santa
Cruz County line.
B. Accounting Principles
The accounting policies of the District conform to generally accepted accounting principles as
prescribed by the Governmental Accounting Standards Board (GASB) and the American Institute of
Certified Public Accountants (AICPA).
C. Reporting Entity
As required by generally accepted accounting principles, these basic financial statements present the
Midpeninsula Regional Open Space District and its component unit. The component unit discussed in
the following paragraph is included in the District's reporting entity because of the significance of
their operational or financial relationships with the District.
Blended Component Unit. The District and the County of Santa Clara entered into a joint exercise
of powers agreement dated May 1, 1996, creating the Midpeninsula Regional Open Space District
Financing Authority (the Authority), pursuant to the California Government Code. The District is
financially accountable for the Authority, as it appoints a voting majority of the governing board; is
able to impose its will in the Authority; and the Authority provides specific financial benefits to, and
imposes specific financial burdens on, the District. The Authority was formed for the sole purpose of
providing financing assistance to the District to fund the acquisition of land to preserve and use as
open space. As such, the Authority is an integral part of the District, and accordingly, all of the
Authority's activity is blended within the accompanying debt service fund.
D. Basis of Presentation
Government-wide Financial Statements:
The government-wide financial statements (i.e., the Statement of Net Position and the Statement of
Activities) report information on all of the activities of the District. The Statement of Net Position
reports all assets, deferred outflows of resources, liabilities, deferred inflows of resources, and net
position.
The government-wide statements are prepared using the economic resources measurement focus. This
approach differs from the manner in which governmental fund financial statements are prepared.
Governmental fund financial statements, therefore, include the reconciliation with brief explanations
to better identify the relationship between the government wide statements and the statements for the
governmental funds.
The government-wide statement of activities presents a comparison between direct expenses and
program revenues for each function or program of the District’s governmental activities. Direct
expenses are those that are specifically associated with a service, program, or department and are
therefore clearly identifiable to a particular function. The District does not allocate indirect expenses
to functions in the statement of activities. Program revenues include charges paid by the recipients of
goods or services offered by a program, as well as grants and contributions that are restricted to
meeting the operational or capital requirements of a particular program. Revenues that are not
classified as program revenues are presented as general revenues of the District, with certain
exceptions. The comparison of direct expenses with program revenues identifies the extent to which
each governmental function is self-financing or draws from the general revenues of the District.
Fund Financial Statements:
Fund financial statements report detailed information about the District. The accounting and financial
treatment applied to a fund is determined by its measurement focus. All governmental funds are
accounted for using a flow of current financial resources measurement focus. With this measurement
focus, only current assets, deferred outflows, current liabilities and deferred inflows are generally
included on the balance sheet. The Statement of Revenues, Expenditures, and Changes in Fund
Balance for these funds present increases (i.e., revenues and other financing sources) and decreases
(i.e., expenditures and other financing uses) in net current assets.
E. Basis of Accounting
Basis of accounting refers to when revenues and expenditures are recognized in the accounts and
reported in the financial statements. Government-wide financial statements are prepared using the
accrual basis of accounting. Governmental funds use the modified accrual basis of accounting.
Revenues - Exchange and Non-exchange Transactions:
Revenue resulting from exchange transactions, in which each party gives and receives essentially
equal value, is recorded under the accrual basis when the exchange takes place. On a modified accrual
basis, revenue is recorded in the fiscal period in which the resources are measurable and become
available. “Available” means the resources will be collected within the current fiscal period or are
expected to be collected soon enough thereafter to be used to pay liabilities of the current fiscal
period. For the District, “available” means collectible within the current period or within 90 days after
period-end.
Non-exchange transactions, in which the District receives value without directly giving equal value in
return, include property taxes, grants, and entitlements. Under the accrual basis, revenue from
property taxes is recognized in the fiscal period for which the taxes are levied. Revenue from grants
and entitlements is recognized in the fiscal period in which all eligibility requirements have been
satisfied. Eligibility requirements include timing requirements, which specify the period when the
resources are to be used or the fiscal period when use is first permitted; matching requirements, in
which the District must provide local resources to be used for a specific purpose; and expenditure
requirements, in which the resources are provided to the District on a reimbursement basis. Under the
modified accrual basis, revenue from non-exchange transactions must also be available before it can
be recognized.
Deferred Outflows/Deferred Inflows:
A deferred outflow of resources is defined as a consumption of net position that applies to a future
period(s) and so will not be recognized as an outflow of resources (expenses/expenditure) until then.
A deferred inflow of resources is defined as an acquisition of net position that applies to a future
period(s) and so will not be recognized as an inflow of resources (revenues) until that time.
When applicable, unamortized portions of the gain and loss on refunding debt are reported as deferred
inflows and deferred outflows of resources, respectively. Deferred outflows and inflows of resources
are reported for the changes related to benefit plans. In addition, when an asset is recorded in
governmental fund financial statements but the revenue is not available, a deferred inflow of
resources is reported until such time as the revenue becomes available.
Unearned Revenue:
Unearned revenue arises when assets (such as cash) are received before revenue recognition criteria
have been satisfied. Grants and entitlements received before eligibility requirements (such as
qualified expenditures) are met are recorded as liabilities from unearned revenue.
Unavailable Revenue:
In the governmental fund financial statements, receivables associated with non-exchange transactions
that will not be collected within the availability period have been recorded as deferred inflows of
resources as unavailable revenue.
Expenses/Expenditures:
On the accrual basis of accounting, expenses are recognized at the time a liability is incurred. On the
modified accrual basis of accounting, expenditures are generally recognized in the accounting period
in which the related fund liability is incurred, as under the accrual basis of accounting. However,
under the modified accrual basis of accounting, debt service expenditures, as well as expenditures
related to compensated absences and claims and judgments, are recorded only when payment is due.
Allocations of cost, such as depreciation and amortization, are not recognized in the governmental
funds. When both restricted and unrestricted resources are available for use, it is the District’s policy
to use restricted resources first, then unrestricted resources as they are needed.
F. Fund Accounting
The accounts of the District are organized into four funds with a separate set of self-balancing
accounts that comprise of the District’s assets, deferred outflows, liabilities, deferred inflows, fund
balance, revenues, and expenditures. The District resources are allocated to and accounted for in
individual funds based upon the purpose for which they are to be spent and the means by which
spending activities are controlled.
Major funds are defined as funds that have either assets, liabilities, revenues or expenditures/expenses
equal to ten percent of their fund-type total and five percent of the grand total. The General Fund is
always a major fund. The District may also select other funds it believes should be presented as major
funds.
The District reported all of its funds as major governmental funds in the accompanying financial
statements:
General Fund. The General Fund is the general operating fund of the District. It is used to account
for all financial resources. The major revenue sources for this fund are property taxes, grant revenues
and interest income. Expenditures are made for land preservation and other operating expenditures.
Measure AA Capital Projects Fund. The Measure AA Capital Projects Fund is used to account for
resources from bond proceeds and expenditures for capital projects related to the Measure AA GO
Bond.
GF Capital Projects Fund. GF Capital Projects Fund is used to account for expenditures for capital
projects not related to any other capital projects funds.
Debt Service Fund. The Debt Service Fund is used to account for accumulation of resources for, and
the payment of long-term debt principal, interest and related costs. Resources are provided by tax
revenue, General Fund transfers, and interest income on unspent funds.
G. Budgets and Budgetary Accounting
The District's Board of Directors adopts an annual operating budget for the District by major fund, on
or before June 30, for the ensuing fiscal period. The Board of Directors may amend the budget by
resolution during the fiscal period. The legal level of control, the level at which expenditures may not
legally exceed the budget, is at the category level.
H. Assets, Liabilities, and Equity
1. Cash and Cash Equivalents
The District’s cash deposits are considered to be cash on hand and cash in banks. Cash and Cash
Equivalents are generally considered short-term, highly liquid investments with a maturity of
three months or less from the purchase date.
2. Investments
Investments are recorded at fair value in accordance with GASB Statement No. 72, Fair Value
Measurement and Application. Accordingly, the change in fair value of investments is recognized
as an increase or decrease to investment assets and investment income. Fair value is defined as
the price that would be received to sell an asset or paid to transfer a liability in an orderly
transaction. In determining this amount, three valuation techniques are available:
• Market approach - This approach uses prices generated for identical or similar assets or
liabilities. The most common example is an investment in a public security traded in an
active exchange such as the NYSE.
• Cost approach - This technique determines the amount required to replace the current
asset. This approach may be ideal for valuing donations of capital assets or historical
treasures.
" I n c o m e a p p r o a c h - T h i s a p p r o a c h c o n v e r t s f u t u r e a m o u n t s ( s u c h a s c a s h f l o w s ) i n t o a
c u r r e n t d i s c o u n t e d a m o u n t .
E a c h o f t h e s e v a l u a t i o n t e c h n i q u e s r e q u i r e s i n p u t s t o c a l c u l a t e a f a i r v a l u e . O b s e r v a b l e i n p u t s
h a v e b e e n m a x i m i z e d i n f a i r v a l u e m e a s u r e s , a n d u n o b s e r v a b l e i n p u t s h a v e b e e n m i n i m i z e d .
3 . P r e p a i d E x p e n d i t u r e s
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e i t h e r w h e n p u r c h a s e d o r d u r i n g t h e b e n e f i t i n g p e r i o d . T h e D i s t r i c t h a s c h o s e n t o r e p o r t t h e
e x p e n d i t u r e d u r i n g t h e b e n e f i t i n g p e r i o d .
4 . C a p i t a l A s s e t s
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c o n s t r u c t i o n i n p r o g r e s s , a r e r e p o r t e d i n t h e g o v e r n m e n t - w i d e f i n a n c i a l s t a t e m e n t s . C a p i t a l a s s e t s
a r e v a l u e d a t c o s t w h e n h i s t o r i c a l r e c o r d s a r e a v a i l a b l e a n d a t a n e s t i m a t e d h i s t o r i c a l c o s t w h e n
n o h i s t o r i c a l r e c o r d s e x i s t . D o n a t e d c a p i t a l a s s e t s a r e v a l u e d a t t h e i r a c q u i s i t i o n v a l u e a t t h e t i m e
o f a c q u i s i t i o n p l u s a n c i l l a r y c h a r g e s , i f a n y . D o n a t e d w o r k s o f a r t a n d s i m i l a r i t e m s a n d c a p i t a l
a s s e t s r e c e i v e d i n s e r v i c e c o n c e s s i o n a r r a n g e m e n t s a r e r e p o r t e d a t a c q u i s i t i o n v a l u e . T h e D i s t r i c t
u t i l i z e s a c a p i t a l i z a t i o n t h r e s h o l d o f $ 1 f o r l a n d , $ 2 5 , 0 0 0 f o r e q u i p m e n t , f i x t u r e s a n d v e h i c l e s ,
$ 5 0 , 0 0 0 f o r i n f r a s t r u c t u r e , i m p r o v e m e n t s , b u i l d i n g s a n d s t r u c t u r e s .
P r o j e c t s u n d e r c o n s t r u c t i o n a r e r e c o r d e d a t c o s t a s c o n s t r u c t i o n i n p r o g r e s s a n d t r a n s f e r r e d t o t h e
a p p r o p r i a t e a s s e t a c c o u n t w h e n s u b s t a n t i a l l y c o m p l e t e . C o s t s o f m a j o r i m p r o v e m e n t s a n d
r e h a b i l i t a t i o n o f b u i l d i n g s a r e c a p i t a l i z e d . R e p a i r a n d m a i n t e n a n c e c o s t s a r e c h a r g e d t o e x p e n s e
w h e n i n c u r r e d . E q u i p m e n t d i s p o s e d o f , o r n o l o n g e r r e q u i r e d f o r i t s e x i s t i n g u s e , i s r e m o v e d f r o m
t h e r e c o r d s a t a c t u a l o r e s t i m a t e d h i s t o r i c a l c o s t , n e t o f a c c u m u l a t e d d e p r e c i a t i o n .
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m e t h o d o v e r t h e f o l l o w i n g e s t i m a t e d u s e f u l l i v e s :
A s s e t s Y e a r s
S t r u c t u r e s / I m p r o v e m e n t s 5 0
P u b l i c A c c e s s I n f r a s t r u c t u r e 2 0 - 5 0
E q u i p m e n t / F i x t u r e s 5 - 2 0
V e h i c l e s 5
S o f t w a r e 5 - 1 0
5 . C o m p e n s a t e d A b s e n c e s
I n a c c o r d a n c e w i t h t h e D i s t r i c t '