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Home My Public Portal About20131023 - Agenda Packet - Board of Directors (BOD) - 13-29 Midpeninsula Regional Open Space District Meeting 13-29 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos, CA 94022 Wednesday, October 23,2013 SPECIAL MEETING BEGINS AT 5:00 P.m.* REGULAR MEETING BEGINS AT 7:00 P.m.* AGENDA 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS(Government Code Section 54956.8) Property: Santa Clara County APNs 351-38-006,009,011 and 012, 18800 Monte Bello Road, Cupertino,California Agency Negotiator: Michael Williams,Real Property Manager Negotiating Party: Mark Vernon,Chief Executive Officer,Ridge Vineyards Under Negotiation:Terms of real property transaction 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) One matter: Regarding public access on Mount Umunhum. 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION. Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4) One matter: Regarding the El Corte de Madera staging area. 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION. (Government Code Section 54956.9(d)(1)) Name of Case:MROSD v. Chiocchi(Santa Clara County Superior Court,Case No. 1-12-CV-221622) 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—OPEN SESSION REPORT OUT OF CLOSED SESSION ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA SPECIAL ORDER OF THE DAY Introduction of New District Staff: Amanda Kim,Communications Media Supervisor 7:05 CONSENT CALENDAR 1. Approve Revised Claims Report 2. Renewal of a Lease and Management Agreement with Peninsula Open Space Trust(POST)for one-half interest in the Behroozi Property at Sierra Azul Open Space Preserve(Santa Clara County Assessor Parcel Numbers: 537-09-007 and 537-09-008)(R-13-91)—A.Ishibashi 3. Renewal of a Lease and Management Agreement with Peninsula Open Space Trust(POST)for the Former Gottsleben/Sonntag Property at Long Ridge Open Space Preserve(San Mateo County Assessor Parcel Number: 085-120-210)(R-13-90)—A Ishibashi 7:10 BOARD BUSINESS 4. Mindego Landfill Removal Agreement Amendment Update(R-13-100)—K Lenington 5. Approval of Salary Adjustments and Amendments to Employment Agreements for the Board Appointees: General Manager,General Counsel and District Controller(R-13-101)—C.Basnight INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff;opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication,which the Board appreciates. 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. 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. I,Jennifer Woodworth,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on October 18,2013,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http:llwww.opensr)ace.org. Signed this 18`h day of October,2013,at Los Altos,California. R Claims No. 13-20 Meeting 13-28 Date 10/23/13 Midpeninsula Regional Open Space District # Amount Name Deserlptlon 21154 $98,800.00 R+M Paving Paving Mora Road Trail At RSA 21155 $24.640.00 Redwood Engineering Construction Earthwork/Grading/Drainage Installation For Pond DR08 Project 21156 $12,286.30 Government Staffing Services Office Temp-Human Resources Technician 21157 $5,353.20 Public Dialogue Consortium Vision Plan Public Participation Services 21158 $5,006.25 The Creative Group Temp-Web Administrator 21159 $4,600.00 Asphalt Surfacing Road Repairs&Sealing-RSA 21160 $4,159.63 Hertz Equipment Rental Equipment Rental-Roller Rental For Road Work At Fremont Older/Dozer Rental For Trail&Road Work At Blue Blossom Watershed&Alpine Road 21161 $2,917.55 Stevens Creek Quarry Base Rock&Drain'Rock For Road Work At Fremont Older 21162 $2,128.70 Hertz Equipment Rental Equipment Rental-Excavator Rental For Trail&Road Work At ECDM Bear Gulch/Coal Creek Alpine Road 21163 $1,960.00 Ifland Survey Consultant&Surveyor Services For Chestnut Orchard At Castanea Ridge 21164 $1,715.00 Normal Data Consulting Services-Incidents Database 21165 $1,421.96 CMK Automotive Vehicle Maintenance&Repairs 21166 $1,267.43 John Shelton Pipe Materials For Pond DR08 Project 21167 $1,212.00 Inteili-tech Fire Suppression System Annual Maintenance 2013/2014-AO IT Server Room 21168 $1,102.29 Copy Factory Flyers&Signs For Vision Plan Meetings 21169 $1,094.90 Schools In Defensive Tactive Training Supplies 21170 $1,003.56 Accountemps Accounting Temp 21171 $887.41 Goodyear Auto Service Center Tires&Installation Of Tires 21172 $825.00 Systems For Public Safety Background Check For Ranger Candidate 21173 $697.63 Uline Work Gloves-SFO 21174 $665.00 Socialmentum On-Line Public Participation Tool For The Vision Plan 21175 $600.00 WJ Sorich Enterprises Road Dues 21176 $567.48 Office Team Office Temp-Real Property Administrative Assistant 21177 $486.44 Grainger Fuel Transfer Pump 21178 $410.58 The Sign Shop Replacement Signs For SFO/Trail Sign For Los Trancos 21179 $406.26 California Water Service Company Water Service-FFO 21180 $360.00 Shelterbelt Builders Consulting Services-Pest Control Recommendations 21181 $353.65 Pine Cone Lumber Lumber-RSA Retaining Wall Project 21182 $334.59 Williams,Mike Reimbursement-Mileage&Cell Phone 21183 $333.00 Recology South Bay Dumpster Service-FFO 21184 $217.35 Malone,Brian Reimbursement-California Association Of Regional Park Open Space Administrators Conference Expenses 21185 $165.00 Lund,Pearson,McLaughlin Fire Sprinkler Quarterly inspection-AO Protection Systems 21186 $156.56 The Motor Cafb Helmet For Patrol Motorcycle 21187 $153.00 Palo Alto Medical Foundation Employee Medical Services 21188 $139.38 Ace Fire Equipment&Service Fire Extinguishers For New Vehicles-AO Company 21189 $125.33 Tooland Tools For SFO 21190 $97.26 San Jose Water Company Water Service-Rental Residence 21191 $95.88 Thomson Reuters-West Monthly Legal Information Charges 21192 $93.25 Royal Brass Parts For Gas Pump 21193 $90.00 Jim Davis Automotive Smog Checks 21194 $72.77 Koenig,Peggy Reimbursement-Mileage 21195 $71.48 West Valley Collection Garbage Service-SAO 21196 $60.00 Jurich,Michael Reimbursement-Cell Phone 21197 $40.00 Santa Clara County Public Health Lab Water Testing-SAO Page 7 of 2 I Claims No. 13-20 Meeting 13-28 Date 10/23/13 Midpeninsula Regional Open Space District # Amount Name Description 21198 $40.00 Data Safe Shredding Services-AO 21199 $26.25 Rayne Of San Jose Water Service-Fremont Older 21200 $12.28 Orland[Trailer Brake light For Maintenance Truck 21201 $10.96 O'Reilly Auto Parts Vehicle Supplies-Mini Bulbs/Fuse Total $179,152.55 I I i i Pape 2 or 2 f I Midpeninsula Regional Open Space District R-13-91 Meeting 13-29 October 23, 2013 AGENDA ITEM 2 AGENDA ITEM Renewal of a Lease and Management Agreement with Peninsula Open Space Trust(POST) for one-half interest in the Behroozi Property at Sierra Azul Open Space Preserve(Santa Clara County Assessor Parcel Numbers: 537-09-007 and 537-09-008). GENERAL MANAGER'S RECOMMENDATIONS Authorize the General Manager to renew a Lease and Management Agreement(Agreement)with POST and make minor revisions, which do not substantially change any material terms of the Agreement. SUMMARY The District has the opportunity to continue utilizing and managing POST's one-half interest in the 83.08-acre Behroozi property, which is located adjacent to the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve, for an additional 5 years through a renewed Lease and Management Agreement. DISCUSSION At its March 26,2008 regular meeting, the Board approved a Lease and Management Agreement with POST whereby POST agreed to lease its one-half interest in the Behroozi property to the District for a five-year lease term,with the District agreeing to manage and patrol the property for open space purposes(R-08-26). The Agreement stipulated that POST's one-half interest would be under the control of the District for purposes of Public Resources Code section 5558 and would be deemed to be"District Lands"as defined in District Ordinance No. 93-1 (subject to the other property owners). The original agreement expired on April 1, 2013 and POST now desires to renew the Agreement for an additional five-year period under essentially the same terms. CEQA COMPLIANCE On March 26, 2008, the Board determined that the Lease and Management Agreement was categorically exempt from the California Environmental Quality Act(CEQA). The proposed renewal of the Lease and Management Agreement is a continuation of the same project with no substantive changes; therefore no further CEQA review is needed. R-13-91 Page 2 TERMS AND CONDITIONS Location: The 83.08-acre property is located in the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve. Term: The initial term is 5 years with one 5 year extension. Rent: The annual rent payment will be POST's half of the property taxes, which were$734.88 for 2012-2013. Use: The District shall use the property for ecological, recreational, and scenic resources or for any other related legal uses that are consistent with the purposes for which the District was formed(subject to the other property owners). FISCAL IMPACT Annual rent payments will be paid from the Real Property Budget. BOARD COMMITTEE REVIEW Board Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Also,the one-half interest private owner has been mailed a copy of the agenda for this public meeting. NEXT STEPS Upon approval by the Board of Directors, staff will work to renew the Lease and Management Agreement. Attachments: 1. Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Michelle Lanctot, GIS Technician d `� to Alto 0 Milpitas 17 Sunnyvale }h Cupertino San Jose I%• Ken oaf edy Roams / sin°n R t�� .r\ � -� Area of °+a Detail Sierra AzuI elk POST Behroozi "l APN: 537-09-007 F — Ir Ft 537 09 008 ,R. Alm ader`-.- Nab �F, .-QuiksilveLI a �AM • • • - E 6 o � Road m r 8 <0 t A� d a R° 40 dd N POST Behroozi Midpeninsula Regional MROSD Preserves Management Agreement „f Highlighted Property Open Space District a (MROSD) a Other Protected Open Space Non MROSD Conservation Private Property or Park Lands or Agricultural Easement October,2013 orROSD Agriicultu Agriation cultural Easement Developed Land a Miles 0.5 i Watershed Land ® p POSt Behroo:i 6oardPacketEt mxd U Vfille the District staves to use the best available digital data,this data does not represent a legal survey and is meaty a graphic illustration of geographic features. Midpeninsula Regional • Open Space District R-13-90 Meeting 13-29 October 23, 2013 AGENDA ITEM 3 AGENDA ITEM Renewal of a Lease and Management Agreement with Peninsula Open Space Trust(POST) for the Fortner Gottsleben/Sonntag Property at Long Ridge Open Space Preserve(San Mateo County Assessor Parcel Number: 085-120-2 10). GENERAL MANAGER'S RECOMMENDATIONS Authorize the General Manager to renew a Lease and Management Agreement(Agreement)with POST and make minor revisions, which do not substantially change any material terms of the Agreement. SUMMARY The District has the opportunity to continue utilizing and managing a 39.33-acre property,which is located near Long Ridge Open Space Preserve, for an additional 5 years through a renewed Lease and Management Agreement with POST. DISCUSSION At its June 26, 2002 regular meeting,the Board approved a Lease and Management Agreement with POST whereby POST agreed to lease the former Gottsleben/Sonntag property to the District for a five-year lease term, with the District agreeing to manage and patrol the property for open space purposes(R-02-83). The Agreement stipulated the property would be under the control of the District for purposes of Public Resources Code section 5558 and would be deemed to be"District Lands" as defined in District Ordinance No. 93-1. The original Agreement expired on September 11, 2007, and a five year renewal was executed and approved by the Board on October 10, 2007(R-07-102). The 2007 renewal expired on October 9, 2012 and POST now desires to renew the Agreement for an additional five-year period under essentially the same terms. CEQA COMPLIANCE On June 26, 2002 the Board determined that the Lease and Management Agreement was categorically exempt from the California Environmental Quality Act(CEQA). The proposed renewal of the Lease and Management Agreement is a continuation of the same project with no substantive changes; therefore,no further CEQA review is needed. R-13-90 Page 2 TERMS AND CONDITIONS Location: The 39.33-acre property is located in the Portola Heights Neighborhood near Long Ridge Open Space Preserve. Term: The initial term is 5 years with one 5 year extension. Rent: The District would be responsible for paying the annual road maintenance assessment bill from the Portola Heights Property Owners Association on behalf of POST. The current annual assessment is$500.00 per year. Use: The District shall use the property for ecological,recreational, and scenic resources or any other related legal uses that are consistent with the purposes for which the District was formed. FISCAL IMPACT The Operations Department would continue to budget for and pay the annual road maintenance assessment bills from the Portola Heights Property Owners Association on behalf of POST. BOARD COMMITTEE REVIEW Board Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Also, adjoining property owners have been mailed a copy of the agenda for this public meeting. NEXT STEPS Upon approval by the Board of Directors, staff would renew the Lease and Management Agreement. Attachments: 1. Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Michelle Lanctot, GIS Technician ` a r(ry/� •\•PalaAlto � • • V \ 8 untain View Sunnyvale st f �_• d Skyline �03 •Cupertino lb Ri ge' Area f n 9 Detai l at Creed ) u \u ...... 8 _ Crossi4 w'g • " ar _ - -•- ohlone Rd a , POST v Gottsleben/ Sonntag APN: 085-120-210 �vo ° a i m '°o �y Road A Rd � N ° r e( 9� a 0 si r 0 a I won III`a"I' . 4 c • Portola Redwoods m State Park 10at°" POST Gottsleben/ Sonntag Midpeninsula Regional Open Space District u Highlighted Property a Non MROSD Conservation Private Property (MROSD) MROSD Preserves or Agricultural Easement e ® MROSD Conservation Other Protected Open Space or Agricultural Easement Developed Land October, 20i3 d or Park Lands a Miles . . 0 0.2 o.a P OST_Goltsleben_Somtag BoardPacket8".mad- V While the Distract strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic illustration of geographic features. Midpeninsula Regional Open Space District R-13-100 Meeting No. 13-29 October 23, 2013 AGENDA ITEM 4 AGENDA ITEM Mindego Landfill Removal Agreement Amendment Update GENERAL MANAGER'S RECOMMENDATION Receive an update on the status of the Mindego Landfill Removal SUMMARY The Mindego Ranch property was added to the Russian Ridge Open Space Preserve in 2008 when the District purchased the property from Peninsula Open Space Trust(POST). As a condition of sale of the property, the previous owners and POST entered into a Landfill Removal Agreement(LRA)requiring that an unpermitted landfill be removed. The District retained an environmental firm to conduct a further assessment of the geotechnical and environmental conditions of the landfill and to conduct a landfill remediation evaluation, which resulted in a recommendation to close the landfill in place. The Board directed staff to negotiate a settlement with the previous property owners to allow closure in place for the landfill. DISCUSSION The Mindego Ranch property was added to the Russian Ridge Open Space Preserve in 2008. As a condition of selling the ranch to Peninsula Open Space Trust(POST) in 2007,the previous owners and POST entered into a Landfill Removal Agreement(LRA) requiring that an unpermitted landfill be removed as a condition of the sale of the property. Upon acquiring the property from POST in 2008, the LRA and responsibility for removing the landfill was assigned to the District. In 2009, the District retained Geocon Consultants, Inc., an environmental firm specializing in engineering, geology and hazardous materials remediation, to conduct a further assessment of the geotechnical and environmental conditions of the landfill and to conduct a landfill remediation evaluation. Geocon completed these evaluations and presented the results in a Landfill Removal Constraints Evaluation that concluded that the landfill be closed in place instead of removed. R-13-100 Page 2 The closure in place recommendation was based upon several factors: 0 The removal of the landfill would constitute a significant construction effort requiring an estimated 38 days of truck and heavy equipment operation resulting in air quality, traffic, noise, and biological impacts. 0 The contaminants of concern in the landfill and in groundwater beneath the landfill do not exceed regulatory screening criteria and do not pose a threat to human health and the environment. 0 The geotechnical investigation and slope stability analysis indicate that the landfill is stable for the intended future use as open space. Based on the analysis and recommendation for closure in place, staff discussed in closed session with the Board the potential for negotiating an amendment to the Landfill Removal Agreement with the previous owners. The Board directed staff to effectuate a settlement of this issue, and to conform the Landfill Removal Agreement and Escrow Agreement to accurately reflect the obligations of the District to perform cleanup actions required by the regulatory agencies. The Landfill Removal Constraints Evaluation was submitted to the San Francisco Bay Regional Water Quality Control Board(Water Board) and on September 12, 2012,the Water Board approved closure-in-place for the Mindego Ranch landfill. Although the landfill was found to be stable in its current configuration,the Water Board has imposed site management measures to protect the long-term integrity of the landfill. The required site management measures for the landfill closure in place include the following: • implementation of a site-specific Stormwater Runoff Control Plan to divert surface runoff away from the landfill area; • designation of the landfill area as a"closed area"with signs posted; • enforcement of the access restrictions with the areas identified on District preserve maps; and • inspection of site slopes associated with the landfill area following significant rain events to ensure slope erosion is not occurring. Since receiving regulatory approval for closure in place, District staff and the District's General Counsel have been in the process of negotiating with the seller to conform the Landfill Removal Agreement and Escrow Agreement to reflect the District's cleanup obligations. These agreements now reflect that the District will not remove the landfill but will leave the fill in place with proper site controls pursuant to the closure letter from the Water Board. Revisions to these agreements have now been finalized and executed by the sellers and the District, effective September 27, 2013. Funds remaining in escrow have been disbursed accordingly. FISCAL IMPACT Upon purchase of the Mindego Ranch property in 2008, $1,045,000 in District funds were placed in an interest bearing escrow account until the landfill was properly removed or remediated to the standards of regulatory agencies. Under the terms of the Landfill Removal Agreement Amendment and Amended Escrow Agreement, funds have been dispersed as detailed in Table 1, below: R-13-100 Page 3 Table 1: Mindego Ranch Landfill Escrow Funds Disbursement Mindego Ranch Landfill Closing Escrow Account Balance: $ 1,076,720 $ Interest Income under POST ownership $ (20,629) To R.True $ (350,000) To C.True $ (350,000) Escrow Fees $ (2,545) Ending Balance with Interest—Returned to District $ 353,546 Estimated costs for completing the required site management measures are$22,000. Implementing these actions will occur during FY 2014/15 and will be budgeted within the Natural Resources Department budget. BOARD COMMITTEE REVIEW None required. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE An Initial Study/Mitigated Negative Declaration(IS/MND) for an amended Mindego Ranch Use and Management Plan is currently being developed and will soon be circulated for Board and public review. The required site management measures for the landfill closure in place are included as a component of the project in this environmental review. The closure in place of the landfill presents no environmental impacts and requires no mitigation measures to reduce the level of impact. NEXT STEPS The IS/MND will soon be circulated for Board and public review. After public review, staff will return to the Board to present public comment and provide a final recommendation on CEQA certification of the Mindego Ranch Use and Management Plan amendment. The Use and Management Plan includes all aspects of the landfill closure in place, including the implementation of the required site management measures. Responsible Department Head: Kirk Lenington,Natural Resources Manager Prepared by: Kirk Lenington,Natural Resources Manager Midpeninsula Regional Open Space District ri R-13-101 Meeting 13-29 October 23, 2013 AGENDA ITEM 5 AGENDA ITEM Approval of Salary Adjustments and Amendments to Employment Agreements for the Board Appointees: General Manager, General Counsel and District Controller BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS 1. As a result of the Board's evaluation of the performance of the District's Board Appointees for Fiscal Year 2012-13, the Board Appointee Evaluation Ad Hoc Committee recommends the following compensation adjustments for its Board Appointees for Fiscal Year 2013-14: Adjust the General Manager's base salary upward to $207,924; adjust the General Counsel's base salary upward to $186,909; and adjust the Controller's base salary upward to$33,153. 2. Adopt the attached resolutions approving the salary adjustments set out in Recommendation and authorizing the Board President to execute the commensurate related amendments to the Board Appointee Employment Agreements. 3. Adopt the attached resolution approving djustments to the Employer Paid Member Contributions to the California Public Employees Retirement System DISCUSSION The Board Appointee Evaluation(BAE)Ad Hoc Committee was established to conduct the evaluation process for its Appointees. The BAE Ad Hoc Committee was instructed to serve as the District's negotiator and met with the Board Appointees to discuss their performance and compensation. The Board has three appointees: the General Manager, the Controller, and the General Counsel. The Board,working through the BAE Ad Hoc Committee, implemented this process and completed this year's annual evaluation of the erfon-nance of its three Board Appointees, the P General Manager, General Counsel and the Controller,during several meetings from May 28, 2013, to September 11, 2013. The Board was very pleased with the performance of its Appointees during the last fiscal year and resulting success of District programs and projects carried out as part of their duties. The accomplishments for FY2012-13,upon which the Appointees' evaluations were based,were described in detail in the Year-End Review of the FY2012-13 Action Plan presented at the June 26, 2013 Board meeting. Further evaluation comments from the BAE Committee and the full Board were provided to each appointee during their performance evaluations. Based on these performance evaluations in FY2012-13,the BAE Committee recommends providing the General R-13-101 Page 2 Manager, General Counsel and Controller with base salary adjustments calculated to bring them closer to the median of the market resulting in a base salary of$207,924 per year for the General Manager; $186,909 per year for General Counsel; $33,153 per year for the Controller. In keeping with previous Board decisions to provide cost of living adjustments(COLAs) and salary increases, the Board resolved and granted a 3% increase to the District's other employees in November of 2012. As part of this agreement, the Board also required the employees to increase their PERS retirement contribution from 2%to 4%. Effective July 1,2013 the Board authorized a COLA of another 3% to its employees and required the employees to contribute an additional 2%to their PERS retirement account. The net effect of these two actions was a 2% increase for the employees. The BAE Committee therefore recommends the General Manager receive a 6%COLA increase, as of April 1, 2013, the beginning of the fiscal year, in keeping with past practice. The BAE Committee also recommends the General Manager PERS retirement contribution increase from 2%to 6% at the beginning of the first pay period following approval and as allowed by CalPERS. In addition, the BAE Committee also recommends a I% adjustment to the General Manager's base salary to bring his compensation closer to the median of the market as described in a study on executive compensation conducted by Koff&Associates in July 2013. The net salary increase for the General Manager is 3%. The BAE Committee recommends that General Counsel received a 6%COLA increase as of April 1, 2013, the beginning of the fiscal year. The BAE Committee also recommends that General Counsel increase her PERS retirement contribution from 2%to 6%at the beginning of the first pay period following approval and as allowed by CalPERS. In addition,the BAE Committee recommends a 2% adjustment to the General Counsel's base salary to bring her compensation closer to the median of the market as described in the Koff compensation study. The net salary increase for General Counsel is 4%. The BAE Committee recommends an increase of 24%to the base salary of the Controller, as of April 1,2013. While this increase does not bring the Controller near the median of the market for this type of position in the organization, this increase in compensation is warranted as the work required of this position has increased significantly. Although the Board is extremely pleased with the accomplishments of its appointees, no bonuses are being offered this fiscal year. COMMITTEE REVIEW The recommended performance review and salary adjustments were thoroughly reviewed by the Board Appointee Evaluation Committee. FISCAL IMPACT For the General Manager: Total of the new base salary plus adjustments=$207,924. For the General Counsel: Total of the new base salary plus adjustments= $186,909. For the Controller: Total of the new base salary plus adjustments=$33,153. R-13-101 Page 3 PUBLIC NOTICE All public noticing requirements of the Brown Act have been met. No additional notice is necessary. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act(CEQA). NEXT STEPS If approved, the employment agreements will go into effect immediately, as of the beginning of the next pay period upon approval and as allowed by CalPERS. Attachments: 1. Resolution Approving Salary Adjustment and Amended Employment Agreement for the General Manager 2. Resolution Approving Salary Adjustment and Amended Employment Agreement for General Counsel 3. Resolution Approving Salary Adjustment and Amended Employment Agreement for the District Controller 4. Resolution Approving Adjustments to the Employer Paid Member Contributions to the California Public Employees Retirement System Submitted by: Board Appointee Evaluation Ad Hoc Committee Director Riffle,Chair Director Cyr Director Harris RESOLUTION NO.XX-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT FOR THE DISTRICT GENERAL MANAGER WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Manager Employment Agreement ("Agreement")with Stephen E. Abhors, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board,based on its annual review of the General Manager's performance, in recognition of his performance during Fiscal Year 2012-2013 and to bring his compensation closer to the comparable median,desires to grant the General Manager a 6.0 percent cost of living increase and an additional 1.0 percent adjustment to bring his base salary up to$207,924; NOW,THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution an adjustment to his base salary up to $207,924,retroactive to April 1,2013 for Fiscal Year 2013-14, and authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District General Manager Employment Agreement reflecting that increase. RESOLUTION NO.XX-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT FOR THE DISTRICT GENERAL COUNSEL WHEREAS, effective March 19,2012, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Counsel Employment Agreement ("Agreement")with Sheryl Schaffner, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of the General Counsel's performance and determination of meritorious pay, which the Board has completed; and WHEREAS, the Board, based on its annual review of the General Counsel's performance, in recognition of her performance during Fiscal Year 2012-2013 and to bring her compensation closer to the comparable median, desires to grant the General Counsel a 6.0 percent cost of living increase and an additional 2.0 percent adjustment to bring her base salary up to $186,909; NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this resolution an adjustment to her base salary up to $186,909,retroactive to April 1, 2013 for Fiscal Year 2013-14, and authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District General Counsel Employment Agreement reflecting that increase. RESOLUTION NO.XX-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN AMENDED EMPLOYMENT AGREEMENT FOR THE DISTRICT CONTROLLER WHEREAS, effective July 8, 2009,the Board of Directors of the Midpeninsula Regional Open Space District entered into a District Controller Employment Agreement("Agreement") with Michael L. Foster, employing him as the District's District Controller; and WHEREAS,the Agreement provides for an annual review of the District Controller's performance and determination of meritorious pay,which the Board has completed; and WHEREAS, the Board, based on its annual review of the Controller's performance, desires to grant him an upward adjustment to his base salary,bringing it up to$33,153 per year, in recognition of his performance during Fiscal Year 2012-2013; NOW,THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the Controller by adoption of this resolution an adjustment to bring his total base salary up to $33,153 per year,retroactive to April 1, 2013 for Fiscal Year 2013-14, and authorizes the President of the Board of Directors or other authorized Board Officer to execute an Amendment to the District Controller Employment Agreement reflecting that adjustment. RESOLUTION NO. XX-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM WHEREAS,the governing body of the Midpeninsula Regional Open Space District has the authority to implement Government Code Section 20691; WHEREAS,the governing body of the Midpeninsula Regional Open Space District has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the governing body of the Midpeninsula Regional Open Space District of a Resolution to commence said Employer Paid Member Contributions((EPMC); WHEREAS, the governing body of the Midpeninsula Regional Open Space District has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Board of Appointees Class. • This benefit shall consist of paying 2%of the normal member contribution as EPMC. • The effective date of this Resolution shall be October 28, 2013. NOW,THEREFORE, BE IT RESOLVED that the governing body of the Midpeninsula Regional Open Space District elects to pay EPMC as set forth above