HomeMy Public PortalAbout20170322 - Agenda Packet - Board of Directors (BOD) - 17-08
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, March 22, 2017
Special Meeting starts at 6:15 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
6:15 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Significant
exposure to litigation Government Code Section 54956.9(b)) (one potential case)
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not on the agenda. Each speaker will
ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow
action by the Board of Directors on items not on the agenda. If you wish to address the Board, please
complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance
during this section.
ADOPTION OF AGENDA
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 February 23, 2017 and March 8, 2017 Minutes
2. Approve Claims Report
Meeting 17-08
3. Revise Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances (R-
17-33)
Staff Contact: Andrew Taylor, Sr. Accountant and Disclosure Coordinator
General Manager’s Recommendation: Approve revisions to Board Policy 3.06 for disclosures
relating to District bond issuances as recommended by the Action Plan and Budget Committee.
4. Proposed Enhancement to District’s Accounts Payable Claims Process (R-17-34)
Staff Contact: Stefan Jaskulak, CFO/Director of Administrative Services
General Manager’s Recommendation:
Approve the recommendations from the Action Plan and Budget Committee:
1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000)
without holding for Board approval, but continue to provide the current claims report to the
board for information.
2. Approve the revised Board Policy 1.03 – Board Agenda.
5. Repeal of Resolution 14-12 (R-17-30)
Staff Contact: Stefan Jaskulak, CFO/Director of Administrative Services
General Manager’s Recommendation: Adopt a resolution repealing Resolution 14-12, which
authorized the General Manager or designee to approve claims up to $25,000, in order to enable the
District to be consistent with Public Resources Code 5549.
6. Agreement with Sharp Business Systems to enter into a 48-Month Lease and Use Agreement
for eight leased printers and two owned printers. (R-17-35)
Staff Contact: Stefan Jaskulak, CFO/Director of Administrative Services
General Manager’s Recommendation: Authorize the General Manager to enter into a 48-month
lease and use agreement with Sharp Business Systems for an amount not to exceed one hundred
two thousand, four hundred thirty-two dollars ($102,432).
7. Award of Contract with Mesiti-Miller Engineering, Inc., for the preparation of construction
documents, construction bid process support and construction oversight for the Webb Creek
Bridge Replacement Project at Bear Creek Redwoods Open Space Preserve (R-17-37)
Staff Contact: Matt Brunnings, Capital Project Manager, Engineering and Construction Department
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year professional services contract with
Mesiti-Miller Engineering, Inc., to prepare construction documents, support the construction
bid process, and provide technical construction oversight for the Webb Creek Bridge
Replacement Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount
of $115,560.
2. Authorize a 15% contingency of $17,334 to cover potential unforeseen requirements, for a not-
to-exceed total contract amount of $132,894.
8. Award of Contract with John Northmore Roberts and Associates to provide design,
engineering, and construction administration support for the Bear Creek Stables
Improvements Project at Bear Creek Redwoods Open Space Preserve (R-17-42)
Staff Contact: Gretchen Laustsen, Planner III, Planning Department
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year professional services contract with
John Northmore Roberts and Associates to provide design and engineering services, complete
construction plans, and provide permitting and construction administration support for the Bear
Creek Stables Improvements Project at Bear Creek Redwoods Open Space Preserve for a not-
to-exceed amount of $770,173.
2. Authorize a 10% contingency of $77,017 to cover potential unforeseen requirements.
3. Authorize a separate contract allowance of $75,000 specifically for additional services related
to geotechnical, fault rupture, and site investigations and additional public meetings that are
above and beyond the current scope of work to avoid potential implementation delays, for a
combined not-to-exceed total contract amount of $922,190.
9. Award Contract with Biosearch Associates for Bear Creek Redwoods Western Pond Turtle
Population Assessment, Monitoring and Adaptive Management Plan (R-17-41)
Staff Contact: Matthew Chaney, Resource Management Specialist I, Natural Resources
Department
General Manager’s Recommendation: Authorize the General Manager to enter into a contract with
Biosearch Associates to assess the population of western pond turtles, control invasive fauna, and
provide monitoring to guide long-term management actions recommended for implementation at
Bear Creek Redwoods Open Space Preserve in the amount not to exceed of $104,000 over thirty-
six consecutive months.
BOARD BUSINESS
The President will invite public comment on agenda items at the time each item is considered by the
Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
10. Award of Contract with HydroScience Engineers, for the preparation of construction
documents, construction bid process support, and construction oversight for the Fire and
Potable Water System Project at Bear Creek Redwoods Open Space Preserve (R-17-36)
Staff Contact: Dale Grogan, Capital Project Manager, Engineering and Construction Department
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a multi-year professional services contract with
HydroScience Engineers, to prepare construction documents, support the construction bid
process, and provide technical construction oversight for the Fire and Potable Water System
Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of $138,370.
2. Authorize a 15% contingency of $20,756 to cover potential unforeseen requirements, for a not-
to-exceed total contract amount of $159,126.
11. Partnership Agreement with the Student Conservation Association to Provide Geographic
Information System Services (R-17-19)
Staff Contact: Paul McKowan, Volunteer Program Manager
General Manager’s Recommendation: Authorize the General Manager to execute a partnership
agreement with the Student Conservation Association for a not-to-exceed amount of $57,183 and
include this funding in the FY2017-18 budget.
12. Proposed purchase of the West Valley Charter Lines Property as a potential new South Area
Field Office, located at 240 Cristich Lane, Campbell, CA, Santa Clara County (Assessor’s
Parcel Number 412-32-014) (R-17-38)
Staff Contact: Allen Ishibashi, Senior Real Property Agent
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the purchase and sale agreement for the West Valley Charter
Lines property at a cost of $3,150,000.
3. Authorize the use of the General Fund Committed Infrastructure Reserve in the amount of
$2,900,000, plus a purchase deposit of $250,000 covered by the FY2016-17 Real Property
General Fund Capital budget.
13. Cooley Landing Park Partnership with City of East Palo Alto (R-17-40)
Staff Contact: Ana Ruiz, AICP, Assistant Manager – Planning and Project Delivery
General Manager’s Recommendation:
Approve the following two recommendations from the Diversity Ad Hoc Committee:
1. Allocate Measure AA funds to cover the costs for design, permitting, and construction of six
Cooley Landing Vision Plan elements, including the costs for an outside project manager, if
needed, to complete the work by June 30, 2019 for an amount not to exceed $1.25 Million.
2. Allocate District General Funds for consultant costs to develop a business and operating plan
for Cooley Landing Park (includes the Education Center) working jointly with the City of East
Palo Alto for an amount not to exceed $200,000.
In addition, the General Manager recommends the following:
3. Authorize the General Manager to enter into a funding agreement with the City of East Palo
Alto, providing $217,148 to fund the design of six Cooley Landing Vision Plan elements as the
first step of implementation, as described under Recommendation #1 above.
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
*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 March 17, 2017, 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
Board Meeting 17-06
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mitchell Park Community Center - Adobe Room
3700 Middlefield Rd.
Palo Alto, CA 94303
Thursday, February 23, 2017
9:30 AM
DRAFT MINUTES
CALL TO ORDER
President Hassett called the special meeting of the Midpeninsula Regional Open Space District
to order at 9:31 a.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle and
Pete Siemens
Members Absent: Nonette Hanko
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, Chief Financial
Officer/Director of Administrative Services Stefan Jaskulak, Assistant
General Counsel Hilary Stevenson, Controller Mike Foster, District
Clerk/Assistant to the General Manager Jennifer Woodworth, Planning
Manager Jane Mark, Interim Public Affairs Manager Christine Butterfield,
Engineering and Construction Manager Jay Lin, Human Resources
Supervisor Candice Basnight, Information Systems Technology Manager
Garrett Dunwoody, Skyline Area Superintendent Tom Lausten, Land and
Facilities Manager Brian Malone, Natural Resources Manager Kirk
Lenington, and Real Property Manager Mike Williams
ORAL COMMUNICATIONS
Director Hanko arrived at 9:34 a.m.
Saratoga City Council member Howard Miller spoke in support of providing ADA access to the
Upper Terrace of Quarry Park and the Saratoga-to-Sea Trail and asked the Board to partner with
Saratoga to support these projects.
Meeting 17-06 Page 2
Debbie Pedro, Planning Director for the Town of Portola Valley, spoke in favor public access to
the Hawthorn Property, including realignment and widening of the Alpine Road Trail.
BOARD BUSINESS
General Manager Abbors provided opening comments summarizing the agenda topics for the
retreat and the goal to keep the Board informed on progress related to current District projects
and recommended projects for the upcoming fiscal year. Mr. Abbors reviewed the Board-
directed success criteria and explained current constraints on District workload and District staff
including continued implementation of Measure AA and a new business model as informed by
the Financial and Operational Sustainability Model.
Assistant General Manager Kevin Woodhouse provided an update on projects to be completed
before the end of the current fiscal year and the seven project focus areas Fiscal Year 2017-18.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak described projects
associated with implementation of the new business model and projected for completion by June
2017. Mr. Jaskulak described proposed FY2017-18 projects related to staff facilities, technology,
and organizational improvements, including the creation of an intranet, document management
system, and project tracking and documentation system.
Assistant General Manager Ana Ruiz summarized current and upcoming projects associated with
staff facilities, including studying alternatives and design development for the Administrative
Office, preliminary site assessments for a South Area Field Office, and evaluation of additional
field office sites.
Ms. Ruiz described the ongoing and proposed projects associated with opening Mount
Umunhum Summit to the public, including property purchases, completion of the Mt. Umunhum
Trail and Road improvements, construction of summit improvements, and a public grand
opening.
Ms. Ruiz provided an update regarding the opening of La Honda Open Space Preserve.
Completed projects and proposed projects include repairs to ranch roads, construction of a
parking area along Sears Ranch Road, visitor education materials for recreation in active grazing
pastures, drafting a Red Barn Site Plan, and a public grand opening for the preserve.
Ms. Ruiz summarized projects associated with opening the Bear Creek Redwoods Open Space
Preserve to the public. Ms. Ruiz described projects to be completed before the end of the current
fiscal year and proposed for FY2017-18, including approval of the Environmental Impact Report
and Preserve Plan, building a new parking lot, and numerous water system, Bear Creek Stables,
and Alma College improvements.
Mr. Woodhouse summarized several projects planned for FY2017-18 related to improving and
creating regional connections, including Rancho San Antonio transit connections, Bay Area
Ridge Trail crossing, Saratoga-to-the-Sea regional trail connection, and Ravenswood Bay Trail
design and implementation.
Director Siemens left at 10:22 a.m. and returned at 10:25 a.m.
Meeting 17-06 Page 3
President Hassett announced Director Riffle will be recusing himself regarding any Board
discussion related to Cloverdale Ranch.
Director Hanko left at 10:28 a.m.
Mr. Woodhouse discussed other Measure AA projects and projects driven by the implementation
of the Strategic Plan and the District’s mission, which are currently underway or recommended
for FY2017-18, such as El Sereno Open Space Preserve dog access, Fremont Older public safety
improvements, Vision Plan review, and outreach and partnership opportunities.
Director Riffle asked how the information is being relayed to the public.
Mr. Abbors spoke regarding the strategic direction of the Public Affairs department and
recruitment timeline for a new Public Affairs Manager.
Interim Public Affairs Manager Christine Butterfield spoke regarding the Public Affairs strategic
plan currently being developed, including communications plans, departmental support, and
integration of Public Affairs staff with the project teams.
Director Riffle commented on the public’s desire to access the preserves.
Director Kishimoto thanked staff for their efforts in completing numerous projects in the current
fiscal year.
Director Kishimoto commented on the need to balance the three aspects of the District’s mission.
Director Cyr spoke regarding the need to set dates for opening the District’s preserves to the
public.
Directors Harris suggested not promoting projects as Measure AA-funded projects because it
may cause confusion for the general public because there are several Measure AAs in the area,
including the Measure AA for the Bay Restoration Authority. and
Director Siemens commented on the need to focus on completing projects and less on the use of
Measure AA as a funding source for those projects.
Public comments opened at 10:52 a.m.
Frank Bakonyi spoke in favor of increasing communication with the public regarding project
results, especially those that directly affect public access. Additionally, Mr. Bakonyi spoke in
favor of selecting a tenant for Bear Creek Stables as soon as possible.
Public comments closed at 10:56 a.m.
Director Riffle spoke in favor of public accountability regarding Measure AA projects and the
need to focus on Coastal Area projects.
Director Cyr left at 10:59 a.m. and returned at 11:01 a.m.
Meeting 17-06 Page 4
Mr. Woodhouse reported there are numerous projects related to the Coastal Area included in the
draft Action Plan that could be highlighted more prominently.
Mr. Woodhouse and Ms. Ruiz explained the draft Action Plan before the Board includes work to
be completed by six prior Board-approved positions, and three additional positions in the
planning and project delivery business line would be needed. The added positions follow FOSM
projections and are fiscally affordable according the District’s 30-year financial model.
The Board recessed at 11:06 a.m. and reconvened at 11:15 a.m. with Directors Cyr, Hassett,
Riffle, and Harris present.
Ms. Ruiz described the list of potential Action Plan projects proposed for FY2017-18 explaining
the list will likely be shortened based on staff capacity and other District resources.
Directors Kishimoto and Siemens returned at 11:17 a.m.
Director Riffle suggested the Board discuss the three proposed positions needed to complete the
projects included in the draft Action Plan.
By consensus, the Board agreed to the three proposed positions with the understanding that the
positions would be included in the FY2017-18 Budget for additional discussion and approval by
the Board as part of the annual budget process.
The Board reviewed the seven areas of focus for the draft Action Plan and requested and
received clarification regarding the projects included. The Board also requested edits to various
project descriptions.
Director Siemens requested clarification of the Mount Umunhum Radar Tower second
assessment and repairs stating his concern regarding spending money on repairs when it was his
understanding that outside money would help fund the repairs.
Ms. Ruiz explained the project includes assessment and initial design for the repairs, and any
additional repair work would require Board approval of the construction contract.
District Clerk Jennifer Woodworth read a letter from Basim Jaber stating the Umunhum
Conservancy’s desire to be involved in budgeting for and planning any repairs to the radar tower.
President Hassett suggested including some of the specific veterans’ stories and interviews in the
Mt. Umunhum audio tour.
Mr. Abbors reported that information and materials would also be provided to the Veterans
Affairs Council.
Director Harris requested additional information regarding project support for La Honda Creek
projects.
Mr. Woodhouse explained these projects are related to support from the Public Affairs
department related to the opening of this preserve and others. The language will be updated to
reference Public Affairs staff’s communication plans.
Meeting 17-06 Page 5
Director Riffle inquired if the public will be involved in developing the Red Barn Site Plan.
Ms. Ruiz explained public meetings planned for this project will provide opportunities for public
input.
Director Riffle asked if the proposed Coastal Office at the Driscoll Event Center would be a part
of the FY2017-18 Action Plan.
Land and Facilities Manager Brian Malone reported staff is currently studying the feasibility of
using the Event Center for a staff field office, and the item may be added to the Action Plan.
Director Riffle commented on the need for progress to continue for the projects at La Honda
Creek Open Space Preserve.
Director Harris suggested organizing the Bear Creek Preserve projects by Alma College, Bear
Creek Stables, water system, etc. Additionally, Director Harris commented on the large amount
of District funding for stable improvements will have a private benefit.
Land and Facilities Manager Brian Malone explained the stables improvements will be
completed in a phased approach with the initial improvements being improvements necessary to
allow for public access. The second phase of improvements will require tenant funding.
Public comments opened at 11:42 a.m.
Frank Bakonyi spoke in favor of selecting a tenant prior to stable improvements to allow the
tenant to raise funds in preparation for stable improvements. Stable improvements should be
undertaken with the understanding that the public will have access to the stables for education
programs and other public programs.
Public comments closed at 11:45 a.m.
Assistant General Counsel Hilary Stevenson explained that when improvements are made on
public property, state law requires a prevailing wage is paid. This requirement remains even
when tenants are funding the improvements.
Director Riffle spoke in favor of using the Stevens Creek Trail as a possible trail connection for
Rancho San Antonio, and the District may be able to help facilitate the trail connection.
Director Harris spoke in favor of the Purisima-to-the-Sea trail. Director Harris also questioned
the need for the District to do work on the Alpine Road, since it is owned by San Mateo County.
Mr. Abbors explained San Mateo County currently owns Alpine Road, and an engineering study
is first needed to understand the problem and better inform whether the District is prepared to
own the property.
Director Harris suggested the project may be delayed due to the road’s unknown condition.
Meeting 17-06 Page 6
Director Kishimoto spoke in favor of Alpine Road as a key cyclist connection and suggested she
would be open to alternatives. Also fixing the road now may prevent the need for more
expensive fixes later.
Director Hanko returned at 12:05 p.m.
Director Riffle announced his recusal regarding Cloverdale Ranch and left the room.
Mr. Abbors provided additional information regarding the size, location, and potential regional
connections for Cloverdale Ranch including a proposed Board tour of the property. There are
currently no adjacent District preserves.
Director Riffle reentered the room at 12:08 p.m.
Director Kishimoto expressed her support for the Saratoga-to-the-Sea Trail, Ravenswood Bay
Trail, and Hawthorn property public access.
Director Kishimoto requested additional information and clarification regarding several regional
connection projects related to protection of watershed lands.
Director Siemens spoke regarding Saratoga City Council’s support of the Saratoga-to-the-Sea
project and in favor of using District Measure AA funds to support Saratoga’s work on this
project.
Mr. Abbors spoke regarding Measure AA funds for land acquisition and wildlife conservation.
Saratoga Councilman Miller has spoken in favor of using District funds towards purchasing an
easement for the trail, and the District will look into the logistics of this suggestion.
The Board recessed at 12:19 p.m. and reconvened at 12:29 p.m. with all Directors present.
Director Kishimoto requested the language describing the Cooley Landing project be broadened
to include a second recommendation to allow for flexibility in scoping the project, including a
potential education center.
Director Hanko requested additional information regarding wildlife corridors along Highway 17.
Natural Resources Manager Kirk Lenington provided additional information related to the
proposed Highway 17 wildlife corridors, including District partners for the project.
Directors requested clarification regarding other proposed Action Plan projects, including
restoration forestry, District obligations at the Hawthorn Historic Complex, and outreach efforts
for the San Mateo County Coast.
Director Harris left at 12:54 p.m. and returned at 12:57 p.m.
Director Kishimoto requested additional information regarding wildfire management and
protection and requested creation of a comprehensive fire response plan.
Meeting 17-06 Page 7
Mr. Lenington explained CalFire typically develops comprehensive fire management plans on a
regional scope. District staff is working with various agencies to inform them of biologically
sensitive areas, fuel breaks already in place, etc. and provide additional information for the fire
management plans.
Mr. Malone reported Land and Facilities crews provide ongoing fire protection measures,
including mowing, disking, and structure clearance throughout the District’s preserves.
Director Siemens suggested including pursuit of a master permit with San Mateo County.
Director Harris left at 1:16 p.m.
Ms. Ruiz reported District staff has provided grading permit exemption language to San Mateo
County, similar to language included in Santa Clara County’s grading ordinance. In addition,
there are now San Mateo County staff members dedicated to the District’s type of projects,
which has shortened the permit process.
Director Siemens requested to add the following project “Pursue San Mateo County permit
streamlining.”
The Board reviewed the various suggestions made throughout the day to determine which will
move forward.
Director Hanko suggested having a meeting in the Coastal Area to present to the public projects
completed in the area.
Planning Manager Jane Mark suggested including a column on the Action Plan to call out
projects that are related to the Coastal Area.
The Board discussed the need for an office on the San Mateo Coast.
Mr. Malone explained staff will have an interim office in the Coastal Area, but further analysis
of a permanent office will need to be deferred until FY2018-19 due to limited staff capacity for
the project.
The Board decided against including this project in the Action Plan.
Mr. Abbors provided closing comments summarizing the District’s focus for the coming fiscal
year.
President Hassett thanked staff and the members of the Board for their work and comments.
ADJOURNMENT
President Hassett adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 2:18 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
March 8, 2017
Board Meeting 17-07
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, March 8, 2017
DRAFT MINUTES
SPECIAL MEETING – CLOSED SESSION
President Hassett called the special meeting to order at 5:30 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Counsel Sheryl Schaffner
Public comments opened at 5:30 p.m.
No speakers present.
Public comments closed at 5:30 p.m.
1. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION.
Government Code Section 54957(b)(1)
Title of Employees: General Counsel
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: San Mateo County Assessor’s Parcel Numbers 085-170-020, 290 & 310
Agency Negotiator: Michael Williams, Real Property Manager
Negotiating Party: Walter Moore on behalf of Frances Conley
Under Negotiation: Purchase Terms and Conditions
Director Riffle recused himself from the discussion regarding Item 2, real property negotiations,
and left the room at 6:30 p.m.
General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager
Ana Ruiz, Assistant General Manager Kevin Woodhouse, Real Property Manager Mike
Meeting 17-07 Page 2
Williams, and Assistant General Counsel Hilary Stevenson attended the closed session for Item
2.
President Hassett adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:54 p.m.
REGULAR MEETING
President Hassett called the regular meeting of the Midpeninsula Regional Open Space District
to order at 7:00 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner,
Assistant General Manager Ana Ruiz, Assistant General Manager Kevin
Woodhouse, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Planning Manager Jane Mark, Engineering and Construction
Manager Jay Lin, Land and Facilities Manager Brian Malone, Senior
Resource Management Specialist Matt Baldzikowski
President Hassett reported the Board met in closed session, and no reportable action was taken.
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to adopt the agenda.
VOTE: 7-0-0
CONSENT CALENDAR
Director Siemens requested the minutes for the February 23, 2017 special meeting be continued
to the next meeting
Public comment opened at 7:03 p.m.
No speakers.
Public comment closed at 7:03 p.m.
Motion: Director Kishimoto moved, and Director Siemens seconded the motion to approve the
Consent Calendar, with the exception of the February 23, 2017 special meeting minutes.
VOTE: 7-0-0
Meeting 17-07 Page 3
1. Approve February 22, 2017 and February 23, 2017 Minutes
2. Approve Claims Report
INFORMATIONAL MEMORANDA
• Update of Implementation Actions at Bear Creek Redwoods Open Space Preserve
• Update on La Honda Creek Open Space Preserve Implementation Actions
Assistant General Manager Ana Ruiz commented on the resource management work completed
at La Honda Creek Open Space Preserve over the last three years, including improving grazing
management practices, installation of grazing infrastructure, structure improvements, and several
others. Ms. Ruiz described numerous ongoing and upcoming projects for La Honda Creek.
Alternatively, work for the Bear Creek Redwoods Open Space Preserve has rapidly accelerated
in the last two years, including development and adoption of a Preserve Plan, numerous design
and
Director Riffle requested additional information regarding the Redwood Cabin.
Ms. Ruiz reported the project has been temporarily on hold due to the larger amount of repairs
than previously realized. Deferral will also allow for repairs to the White Barn and Redwood
Cabin to occur at the same time.
Director Riffle inquired when the Driscoll Event Center equestrian parking area would be open
to the public.
Land and Facilities Manager Brian Malone explained the public would be able to obtain a permit
through the District’s regular permitting system. It is anticipated permits will be available for the
Driscoll Event Center equestrian parking lot when the Sears Ranch Road parking lot opens.
Director Siemens requested additional information regarding improvements to the Bear Creek
Stables access road.
Ms. Ruiz explained limited road and parking improvements will be completed in Phase I of the
Preserve Plan. Staff will determine whether the road should be paved at that time.
Board members requested clarification regarding various projects for La Honda Creek and Bear
Creek Preserves.
INFORMATIONAL REPORTS
A. Committee Reports
Director Kishimoto reported the Diversity Ad Hoc Committee met today to discuss the volunteer
and docent program study and the locations of Board and Committee meetings and made
recommendations on both items.
Director Cyr reported the Legislative, Funding, and Public Affairs Committee met on March 7,
2017 to receive an update on legislation and discussed potential changes to Board member
compensation.
Meeting 17-07 Page 4
Director Siemens inquired if Board members could receive benefits now that they are considered
District employees.
General Counsel Sheryl Schaffner explained this would also require a change in state law.
B. Staff Reports
Assistant General Manager Kevin Woodhouse provided an update on the Santa Clara Valley
Water District project at Sierra Azul Open Space Preserve. Mr. Woodhouse also provided
updates regarding the Public Affairs department. Finally, Mr. Woodhouse reported on the work
and upcoming meetings of the Santa Cruz Mountain Stewardship Network.
Ms. Ruiz reported the netting safety structure at Fremont Older is complete, and the parking lot
has reopened. The San Francisco Bay Restoration Authority Advisory Committee has convened
and will be reviewing and providing input on the organization’s grant guidelines.
General Manager Steve Abbors reported he recently filmed a segment for Doug McConnell’s
Open Roads show regarding the why of what we do. Mr. Abbors reported and other staff
members attended a meeting the San Mateo County Farm Bureau Executive Staff and provided a
summary of the topics discussed. Progress continues on the various Mount Umunhum projects,
and staff is preparing for the public opening, including an opportunity for staff and the Board to
visit the site. Finally, the San Jose City Manager has suggested exploring a mutual aid agreement
between San Jose and the District.
C. Director Reports
The Board members submitted their compensatory reports.
Director Siemens reported his attendance at the Santa Clara County Special District’s
Association meeting.
Director Kishimoto reported she will be attending the Natural Capital Symposium at Stanford
University in March. Director Kishimoto reported his attendance at the Santa Clara County
Special District’s Association.
President Hassett reported he will attending the Special Parks District Forum in Cleveland, Ohio.
ADJOURNMENT
President Hassett adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:00 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 3
CLAIMS REPORT
MEETING 17-08
DATE 03-22-2017
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
74539 11636 - SOFTCHOICE CORPORATION Microsoft Software Licenses for IT Infrastructure Project 03/08/2017 31,996.36
74591 10578 - OLD REPUBLIC TITLE CO Purchase Option Deposit for Kahn Property - SA 03/16/2017 10,000.00
74532 *10180 - PG & E Monthly Electricity/Gas Service - LHC 03/08/2017 9,059.22
74589 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 03/15/2017 6,943.45
74579 11552 - ROBERT HALF TECHNOLOGY Labor Invoice for weeks ending 02/03/17 + 02/17/17 - Penny, Herbert R 03/15/2017 6,734.00
74586 10162 - TERMINIX PROCESSING CENTER Termite Fumigations - SA 03/15/2017 5,725.00
74566 11177 - HARRIS CONSTRUCTION Miscellaneous repairs/roof + sump pump repairs - MB & RR 03/15/2017 5,502.75
74575 10086 - PHYTOSPHERE RESEARCH Sudden Oak Death Research 03/15/2017 4,907.84
74567 11501 - HARRIS DESIGN Construction Review of FOOSP Parking Protection Project 03/15/2017 4,865.99
74527 11462 - MANAGEMENT PARTNERS Midpen Public Affairs Mgmt Services (Buttefield)03/08/2017 4,573.89
74530 10082 - PATSONS MEDIA GROUP Printing of Rancho Maps 03/08/2017 4,455.00
74515 11699 - DAKOTA PRESS Postage for spring 2017 newsletter 03/08/2017 4,228.73
74546 *11118 - WEX BANK Fuel for District vehicles 03/08/2017 3,821.14
74551 11441 - BEN FRANKLIN PLUMBING COMPANY NORTH BAY Emergency Water Repair (SAO)03/15/2017 3,300.00
74542 10177 - TOWN OF WOODSIDE Permit for Thornewood OSP Entrance Sign 03/08/2017 2,920.00
74507 11681 - BERKEY WILLIAMS LLP Amah Mutsun Mt. Umunhum Cultural Conservation Easement Jan 2017 03/08/2017 2,843.50
74508 10616 - BKF ENGINEERS Survey, Plat maps & legal descriptions - Ravenswood Bay trail 03/08/2017 2,835.50
74583 10302 - STEVENS CREEK QUARRY INC Rock for Pot holes Skyline Ridge parking lot 03/15/2017 2,584.64
74519 10524 - ERGO WORKS Ergo equipment 03/08/2017 2,431.61
74533 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services for March 03/08/2017 2,342.32
74516 *10032 - DEL REY BUILDING MAINTENANCE Monthly Janitorial Services/Supplies Feb 2017 03/08/2017 2,116.44
74518 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Legislative Representation: Wildlife Corridor Working Group 03/08/2017 2,000.00
74531 11129 - PETERSON TRUCKS INC.Vehicle Inspection and Repair - M22 03/08/2017 1,876.09
74504 10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 03/08/2017 1,804.00
74541 11505 - TOWN OF PORTOLA VALLEY Permit for Windy Hill OSP Entrance Sign 03/08/2017 1,690.00
74571 10190 - METROMOBILE COMMUNICATIONS Install radio/repeater/antennas on P113/remote speakerphones + antennas 03/15/2017 1,538.54
74558 10021 - COASTAL CHIMNEY SWEEP Chimney Repair - WH 03/15/2017 1,352.00
74540 11055 - SYSTEMS FOR PUBLIC SAFETY Background Checks - Seasonal Ranger/Ranger Candidates 03/08/2017 1,255.00
74578 10295 - RHUS RIDGE ASSOCIATION Annual Road Maintenance Dues (RSA)03/15/2017 1,250.00
74543 10230 - UNITED RENTALS NORTH AMERICA INC Pickup Truck Rental for Mt Um Road Project 1/31/17 - 2/28/17 03/08/2017 1,210.40
74590 *11176 - ZORO TOOLS Flares for Public Saftey/Tools for new trucks/Fall protection equip 03/15/2017 1,205.25
74556 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire fighting gear -- new ranger 03/15/2017 1,185.48
74560 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 03/15/2017 1,172.00
74513 10352 - CMK AUTOMOTIVE INC P83/P88 Service / Repair 03/08/2017 1,139.22
74528 11463 - MARLENE EYRE Ranger Academy Housing 03/08/2017 1,075.00
74547 11176 - ZORO TOOLS Tools for new truck 03/08/2017 1,052.41
74511 11754 - CARABETTA, ALYSHA Reimbursement for Food Expenses - Ranger Academy 03/08/2017 1,037.50
74588 10146 - TIRES ON THE GO P99 New Tires 03/15/2017 1,011.10
74554 *10840 - CALIFORNIA PENSION GROUP, LLC Consulting Services - January 2016 03/15/2017 1,000.00
74568 10222 - HERC RENTALS INC Roller Rental (FOOSP)03/15/2017 933.11
74549 11322 - AMERMEX UPGRADES AO Lighting Replacement 03/15/2017 930.00
74502 10001 - AARON'S SEPTIC TANK SERVICE PC/SR RESTROOMS PUMP 03/08/2017 915.00
page 2 of 3
CLAIMS REPORT
MEETING 17-08
DATE 03-22-2017
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
74584 10143 - SUMMIT UNIFORMS Peace Officer Body Armour/Uniform Items 03/15/2017 855.87
74510 11186 - CALIFORNIA DEPT FISH AND WILDLIFE-NAPA OFFICE Permit fees for BCR Public access roads 03/08/2017 842.00
74505 11749 - ASKAY, MELANIE Grant Writing USA Workshop Registration & Travel Reimbursement 03/08/2017 724.63
74580 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)03/15/2017 669.00
74517 11642 - ELIAS KHOURY Parking Citation Hearings 03/08/2017 533.65
74537 10349 - SHELTON ROOFING COMPANY INC Roof Repair - MB 03/08/2017 528.00
74564 10187 - GARDENLAND POWER EQUIPMENT Grinding wheel/equipment parts 03/15/2017 517.09
74587 *10263 - THE BANK OF NEW YORK MELLON Escrow Agent Fees - 1996 Rev Bonds 03/15/2017 500.00
74544 10403 - UNITED SITE SERVICES INC Electrical for Construction Trailer - Mt Um 03/08/2017 487.44
74523 10040 - GREAT PRINTING Booklets for school field trip program 03/08/2017 475.25
74545 11388 - WAGNER & BONSIGNORE Water Rights Reporting 03/08/2017 441.25
74555 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)03/15/2017 424.87
74557 10352 - CMK AUTOMOTIVE INC P89 service/A94 oil change/P105 service 03/15/2017 370.50
74570 11752 - LIN, JASON Reimbursements for Prof. Memberships, Cell Phone Jul-Dec 2016 03/15/2017 340.00
74582 10447 - SIMMS PLUMBING & WATER EQUIPMENT Quarterly Chlorination System - PCR/Hot water heater service TC 03/15/2017 323.23
74509 10273 - BRUCE BARTON PUMP SERVICE INC Water System Service (SAO)03/08/2017 303.32
74506 11436 - BAY TRAILRUNNERS LLC Refund of Event Permit Deposit 03/08/2017 300.00
74535 11615 - REDWOOD ESTATES SERVICES ASSOC. LOTS Annual Road Maintenance Dues (BCR)03/08/2017 300.00
74553 10011 - BILL'S TOWING SERVICE Towing of Vehicle - P98/A104 03/15/2017 280.50
74522 11607 - GFOA Annual Dues 2017-2018 03/08/2017 280.00
74561 10185 - COSTCO Refrigerator and Microwave Oven 03/15/2017 271.23
74520 11151 - FASTENAL COMPANY Gloves/drill/storage rack & containers 03/08/2017 263.95
74529 10670 - O'REILLY AUTO PARTS 2 Truck Batteries 03/08/2017 259.14
74536 11526 - REPUBLIC SERVICES Monthly garbage services - ECM 03/08/2017 243.62
74565 *10173 - GREEN WASTE SFO garbage / recycle 03/15/2017 230.50
74514 10184 - CONTINUING EDUCATION OF THE BAR Subscription Update CA RP Sales Trans 4th UP17 RE33691 03/08/2017 223.79
74550 10275 - BECKMAN, CRAIG Verizon Reimbursement 03/15/2017 220.00
74569 10341 - HOOPER, STAN Verizon Reimbursement 03/15/2017 220.00
74512 10170 - CASCADE FIRE EQUIPMENT COMPANY Fire Equipment Parts 03/08/2017 219.91
74563 10174 - FORESTRY SUPPLIERS INC Credit memo - returned gear/supplies for crew 03/15/2017 190.05
74562 10524 - ERGO WORKS Ergo equipment 03/15/2017 190.00
74526 11326 - LEXISNEXIS Online Subscription Service Feb 2017 03/08/2017 188.84
74521 10169 - FOSTER BROTHERS SECURITY SYSTEMS Security Locks 03/08/2017 138.79
74573 10082 - PATSONS MEDIA GROUP Printing of Business cards: Ryder, Bazar, Askay, Carabetta 03/15/2017 132.00
74538 11559 - SIFUENTES-WINTER, JONATHAN Mileage Reimbursement 03/08/2017 118.66
74585 11295 - TAYLOR, ANDREW Reimburse CSMFO membership 03/15/2017 110.00
74559 *11530 - COASTSIDE.NET SFO Internet 03/15/2017 109.00
74525 11377 - JOHNSON, KRISTIN Kitchen Faucet - RR 03/08/2017 107.42
74572 10670 - O'REILLY AUTO PARTS BATTERY/Headlights 03/15/2017 89.13
74576 *10261 - PROTECTION ONE AO ALARM SERVICES 03/15/2017 82.73
74503 10528 - ALL STAR GLASS Repair Windshield - A94 03/08/2017 79.95
74524 10421 - ID PLUS INC Name tags 03/08/2017 68.50
74581 11429 - SAN MATEO COUNTY PARKS DEPARTMENT Sign Board Maps 03/15/2017 67.35
page 3 of 3
CLAIMS REPORT
MEETING 17-08
DATE 03-22-2017
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
74534 10176 - RE BORRMANN'S STEEL CO Mini-Excavator Parts 03/08/2017 41.01
74552 11744 - BERRY, WHITNEY Cell Phone reimbursement Jan, Feb 2017 03/15/2017 40.00
74548 *10120 - ADT SECURITY SERVICES INC Alarm Service (FFO)03/15/2017 39.99
74577 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)03/15/2017 27.25
74574 *10180 - PG & E Monthly Electricity Service - WH 03/15/2017 10.50
GRAND TOTAL 164,299.39$
*Annual Claims
**Hawthorn Expenses
BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill
ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space
ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office
FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office
FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle
R-17-33
Meeting 17-08
March 22, 2017
AGENDA ITEM 3
AGENDA ITEM
Revise Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances
GENERAL MANAGER’S RECOMMENDATION
Approve revisions to Board Policy 3.06 for disclosures relating to District bond issuances as
recommended by the Action Plan and Budget Committee.
SUMMARY
In light of the District’s increased bond issuance activity and under the advice and guidance of
Bond Counsel, the Board adopted Resolution 14-32 on November 25, 2014 with the goal to
enhance transparency and credibility in the marketplace. This resolution established Board
Policy 3.06 – Initial and Continuing Disclosures Relating to Bond Issuances. It was foreseen at
the time of adoption that the policy would evolve and be revised over time to reflect lessons
learned through working with the policy, and changes in the District’s organization structure.
DISCUSSION
The current Board Policy is based upon a template recommended by Jones Hall Law, the
District’s bond counsel in 2014. It was based on a template for a much larger and more complex
organization than the District, so we anticipated that it would need revisions after working with it
for a time.
During calendar year 2016, the District issued a request for proposal (RFP) to form a new Bond
Team to assist the District with its ongoing debt program, incorporating best practices and
strategic planning. The various roles of the new Bond Team include a new Disclosure Counsel
and as one of the primary tasks, the new Disclosure Counsel performed a review of the current
policy in order to incorporate the most recent best practices and streamline the current
procedures to reflect the operational structure of the District. The attached revised policy (in
clean and redline versions) incorporates the changes suggested by the new Disclosure Counsel in
consultation with the District’s General Counsel and the Chief Financial Officer. The primary
changes include:
• Adding the Chief Financial Officer as a member of the Disclosure Working Group and
Financing Group
• Granting the Chief Financial Officer the authority to appoint the Disclosure Coordinator
• Eliminating overlap between the Disclosure Working Group and the Financing Group
R-17-33 Page 2
• Providing the Chief Financial Officer with authority to fulfill certain functions previously
restricted to the Controller as related to Article II - “Review and Approval of Official
Statements” and Article III – “Public Statements Regarding Financial Information”
• The elimination of prior Attachments C “Cover Sheet Documenting Approval of
Disclosure Document by Disclosure Working Group”, D “Form of Cover Letter for
Transmittal of Official Statement by Financing Group to the Disclosure Working Group”,
F “Form of Cover Letter for Transmittal of Financial Statement to the Disclosure
Working Group” and G “Annual Financial Report/Required Tables and Supplemental
Financial Disclosures” which were deemed to be either overly complex or not consistent
with the District’s current structure
FISCAL IMPACT
No new fiscal impact. The revised policies will streamline existing procedures for compliance
with obligations and practices under current debt issuances.
BOARD COMMITTEE REVIEW
The District’s Action Plan and Budget Committee held a meeting on February 21, 2017. The
Committee voted to forward this revised Board Policy to the full Board of Directors for approval.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act and no
environmental review is required.
NEXT STEPS
The revised Policy would be incorporated by the District Clerk into the Board’s Policy Manual.
After the Board’s adoption of this Policy, the General Manager, Chief Financial Officer,
Controller and General Counsel will take all steps necessary to ensure compliance with it.
Attachments:
1. Clean and Red-lined versions of new Board Policy 3.06
Responsible Department Manager:
Stefan Jaskulak, Chief Financial Officer
Prepared by:
Andrew Taylor, Sr. Accountant and Disclosure Coordinator
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: Revised Date: N/A
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 designated by the Disclosure Working Group
determines is advisable related to disclosure issues and practices. The Disclosure Working Group shall
Attachment 1
Board Policy 3.06 Page 2 of 7
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.
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.
Attachment 1
Board Policy 3.06 Page 3 of 7
(B) Responsibilities. The Disclosure Coordinator shall be responsible for:
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.
Attachment 1
Board Policy 3.06 Page 4 of 7
Section 1.03. Financing Group.
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 2.03. 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 2.04. 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 2.05. 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 2.06. 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 2.07. 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
Attachment 1
Board Policy 3.06 Page 7 of 7
disclosure laws. Any waivers made under this provision shall be reported to the Board of Directors, with
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(c)
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
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: N/A
Prior Versions: 04/01/2015N/A
Attachments:
A – List of Disclosure Documents, to be Amended as Necessary
B – Listed Events
C – Cover Sheet Documenting Approval of Disclosure Document By Disclosure Working Group
D – Form of Cover Letter for Transmittal of Official Statement by Financing Group to Disclosure Working
Group
E – Form Template of Information to be included in the of Staff Report Transmitting Official Statement
by DistrictGeneral Manager to District Board of Directors
F – Form of Cover Letter for Transmittal of Financial Statements to Disclosure Working Group
G – Required Tables and Supplemental Financial Disclosures
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;
i.ii. Chief Financial Officer
ii.iii. Controller; and
iii.iv. General Counsel.
Attachment 1
Board Policy 3.06 Page 2 of 7
(B) Responsibilities. The Disclosure Working Group shall consult with the Financing Group
(as defined in Section 1.03) orand other interested parties as the Controller or any other
memberdesignated by of the Disclosure Working Group determines is advisable related to disclosure
issues and practices. 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.
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 continue
to update Attachment A to these Disclosure Procedures when appropriate.
(D) Review and Approval. Following receipt of a Disclosure Document from a disclosure the
disclosure coordinator selected by the Finance Manager (the “Disclosure Coordinator”) or the Financing
Group (as defined in Section 1.03 below), the Disclosure Working Group shall evaluatereview the
Disclosure Document for accuracy and compliance with federal and state securities laws, and shall, if
appropriate, askdirect questions to of 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 Working Group may send the Disclosure Document back to the Financing Group for
revisions.
Attachment 1
Board Policy 3.06 Page 3 of 7
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 ControllerChief 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 isshall be responsible for:
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 providedMonitoring compliance by the District with
these Disclosure Procedures, including timely dissemination of the annual financial
report and Listed Event filings;
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 the preparation and dissemination ofpreparing and
disseminating Disclosure Documents to make sure that assigned tasks have beenare
completed on a timely, basis and making sure that the filings are accurate and made
on a timely basis and are accurate;
v. In anticipation of preparing Disclosure Documents, sSoliciting “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
Mmaintaining 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 Eensuring
compliance with training procedures as described belowin Section 1.02(C).
The Disclosure Coordinator mayis 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 ControllerChief Financial
Officer if the Controller selects someone other than himself or herself to fill the role of Disclosure
Attachment 1
Board Policy 3.06 Page 4 of 7
Coordinator: 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 BSection 2.03), or (ii) as a result of the failure to timely file the required annual financial
report and (ii) contain no discretionary content.
(C) Training. Separate The Disclosure Coordinator shall arrange for annual disclosure training
conducted by the District’s disclosure counselsessions shall be conducted by the District’s disclosure
counsel, with the assistance of the District General Counsel, for the District 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.
At a minimum, eEach member of the District Board of Directors, and new members of the
Finance Department member mustshall be required to participate in a disclosure training session as part
of his or her new member orientation.
Section 1.03. Financing Group.
General. The ControllerGeneral 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. General Manager
ii. General Counsel;
iii.i. Disclosure Working GroupController;
iv.ii. Disclosure Coordinator;
v.iii. The District’s outside bond counsel and disclosure counsel;
vi.iv. The District’s financial advisor (if any);
v. The District’s underwriter, placement agent, remarketing agent (if anyas applicable);
and
vii.vi. The District’s dissemination agent (if any);
viii.vii. Such other such District staff as the ControllerGeneral Manger or his/her designee
determines to be appropriate; and
ix.viii. Such other consultants retained by the District as the General Manager or his/her
designee determines to be appropriate.
Attachment 1
Board Policy 3.06 Page 5 of 7
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 transmit the Official Statement to the Disclosure Working Group. More specifically:
(A) The Financing Group shall be responsible for reviewing disclosure documents solicited
from the Departments by the Disclosure Coordinator, as required by Section 1.04(B) above. The
Financing Group shall identify persons assigned to assist with the review or preparation of an Official
Statement (“Contributors”) who (a) should prepare portions of the Official Statement, (b) may have
information necessary to prepare portions of the Official Statement or (c) should review portions of the
Official Statement.
(B) The Controller shall contact the individuals and departments identified as Contributors
as soon as possible in order to provide adequate time for them to perform their assigned tasks. At the
time a Contributor is first contacted, he or she shall be informed by the Controller of the applicable
requirements of federal and state securities law, including the standard established by Rule 10b-5,
promulgated by the Securities and Exchange Commission.
(C) The Financing Group shall transmit the Official Statement to the Disclosure Working
Group, using the cover letter attached to these Disclosure Procedures as Attachment D to these
Disclosure Procedures. In so doing, the Financing Group shall and confirm (a) confirm that the Official
Statement: (a) has been reviewed and accurately states all material information relating to the District,
and that all information relating to the District has been reviewed by an appropriate person, (b) confirm
that allany 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; report any disclosure issues and concerns to the Disclosure Working Group and (d)
confirm that the Official Statement is in substantially final form and is in a form ready to be
“deemedsubstantially final” by the District 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.
(D) The Financing Group shall have at least one all-hands meeting or conference call to
review the Official Statement before transmitting it to the Disclosure Working Group.
Section 2.02. Responsibilities of Contributors. A Contributor shall assist in reviewing and preparing
the Official Statement using his or her knowledge of the District and, if appropriate, by discussing the
Official Statement with other members of the Contributor’s department, all for the purpose of ensuring
the accuracy of the relevant portions of the Official Statement. The Financing Group shall identify all
Contributors that participated in preparing the Official Statement and their responsibilities in the cover
letter it uses to transmit the Official Statement to the Disclosure Working Group (see Attachment D to
these Disclosure Procedures).
Section 2.03. Responsibilities of District General Counsel. The District General Counsel (or a designee)
shall review the Official Statement and shall draft for the Official Statement descriptions of (i) any
Attachment 1
Board Policy 3.06 Page 6 of 7
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 2.04. 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
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 2.05. 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, if appropriate,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 send Official Statements back
to the Financing Group for 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 2.06. Approval by Disclosure Working Group. Upon aApproval 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., the
Disclosure Working Group shall attach to the Official Statement a cover sheet in the form of Attachment
C to these Disclosure Procedures. Each Official Statement and the attached cover sheet shall be
retained in the files of the District Clerk for 5 years (or such longer period of time as may be required by
state law).
Section 2.07. Submission of Official Statements to District Board of Directors for Approval. As part of
the docketing process, the District General Manager shall submit all Preliminary Official Statements to
the District Board of Directors for approval using a staff report that is similar in form and substance
toincludes the information in the template attached as Attachment EC to these Disclosure Procedures.
The approval of an Official Statement by the District Board of Directors shall be docketed as a new
business matter and shall not be approved as a consent item. The District Board of Directors shall
undertake such review as deemed necessary by the District Board of Directors, following consultation
with the Controller, to fulfill the District Board of Directors’s 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 aAnnual financial rReports
with the MSRB’s Electronic Municipal Market Access (“EMMA”) system maintained by the MSRB in
accordance with such undertakings. Such aAnnual financial rReports are required to include certain
updated financial and operating information, and the District’s audited financial statements.
Attachment 1
Board Policy 3.06 Page 7 of 7
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 ControllerChief Financial Officer shall submit the District’s
audited financial statements (“Financial Statements”), as they are available, to the Disclosure Working
Group with a cover sheet in the form of Attachment F to these Disclosure Procedures. 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
District Board of Directors with a cover sheet in the form of Attachment C to these Disclosure
Procedures.
If the District does not have audited Financial Statements available in time to file the Annual
Report, the ControllerChief Financial Officer shall instead submit the District’s unaudited financial
statements as provided in each specific continuing disclosure undertaking.
Section 3.03. Annual Financial Reports. The Disclosure Coordinator shall ensure that the preparation
of the District’s aAnnual financial rReports 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 as required under each
specific continuing disclosure undertaking. Before any aAnnual financial rReport 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,
including all tables for all Official Statements for all outstanding District debt, including but not limited to
those listed in Attachment G.
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. For securities issued after
December 1, 2010, and variable rate demand obligations issued at any time but which convert from a
mode exempted from Rule 15c2-12 to a mode not so exempted on or after December 1, 2010, such
related continuing disclosure undertakings should contain Listed Events as listed in Attachment B to
these Disclosure Procedures.
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 ControllerChief Financial Officer shall have primary responsibility for ensuring that such financial
statements and information are accurate and not misleading in any material respect.
Attachment 1
Board Policy 3.06 Page 8 of 7
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
continuing disclosure aAnnual financial rReport and notice of Listed Events filed or caused to be filed by
that the District completes. Each Deal File shall include final versions of Disclosure Documents, the
transcript of proceedings prepared in connection with the issuance of financial instruments.
accompanied by the cover sheet attached as Attachment C to these Disclosure Procedures; written
confirmations, certifications, letters and legal opinions described herein; copies of these Disclosure
Procedures and a list of individuals to whom they have been distributed and the dates of such
distributions; and a written record of the dates of meetings of the Disclosure Working Group. The Deal
File shall be maintained in a central depository for a period equal to of five years from the later of the
date of maturity or defeasancedelivery of the securities referenced in the Disclosure Document, or the
date the Disclosure Document is published, posted, or otherwise made publicly available, as applicable.
Section 5.02. Education and Training. The Disclosure Coordinator shall ensure that the Disclosure
Working Group, all Contributors, and the District Board of Directors are properly trained to understand
and perform their responsibilities.
The Disclosure Coordinator shall arrange for at least annual disclosure training sessions
conducted by the District’s disclosure counsel. 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 District Board of Directors. Such training sessions may be conducted using a recorded
presentation.
Section 5.03. District’s Website. The District shall maintain an investor information section of the
District’s website. Disclosure Documents that are material to the District’s securities, and no other
information, shall be posted to the investor information section of the District’s website following
review and approval as set forth in this Section 5.03. The investor information of the District’s website
shall include the following statement:
“The only information on this Web site that is posted with the intention of reaching the
investing public, including bondholders, rating analysts, investment advisors, or any
other members of the investment community, is located on the investor information
web pages. Other than the specific information presented in the investor information
web pages, no other information on the District’s website is intended to be the basis of
or should be relied upon in making an investment decision. Because each security
issued by the District or its related entities may involve different sources of payment
and security, you should refer for additional information to the official statement and
continuing disclosure filings for the particular security. The information posted in the
investor information web pages speaks only as of its date.”
Section 5.0402. WaiversAmendments. In addition to the General’s Manager’s authority to adopt an
Administrative PolicyProcedure to make this Board Policy more specific, any provision of this Board
Policyese or any related administrative procedure Disclosure Procedures may be waived or amended at
any time by the General Manager, with the written confirmation ofto the members of the Disclosure
Working Group. This authority to waive a provision of this policy procedure is triggered only if such
waiver or amendment is necessary for timely and effective compliance with disclosures laws. Any
Attachment 1
Board Policy 3.06 Page 9 of 7
waivers or amendments made under this provision shall be reported to the Board of Directors, with
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 or amendment.
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, which shall, at a minimum, include the executive
summary.
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
The Disclosure Coordinator should review this list at least once each week to determine whether any
event has occurred that may require a filing with EMMA.
For securities (subject to Rule 15c2-12) issued on or after December 1, 2010, or for variable rate
demand bonds that are converted from a mode currently exempted from rule 15c2-12 to a mode not so
exempted on or after December 1, 2010,Occurrence of any of the following events automatically
triggerrequire the District a requirement to make a filingfile on EMMA within ten (10) business days of their
occurrence, without regards to the materiality of the event:
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
10. failure to provide in a timely manner notice to provide required annual financial information by
the date specified in any continuing disclosure undertaking
The occurrence if any of the following events trigger a requirementrequire the District to file a notice
of their occurrence on EMMA within a ten (10 daysreasonable period of time after their occurrence, onceif
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
Attachment 1
Board Policy 3.06(b)
Board Policy 3.06
6. appointment of a successor or additional trustee or the change of name of a trustee
Attachment 1
Board Policy 3.06(c)
Board Policy 3.06
ATTACHMENT C
Cover Sheet Documenting Approval of Disclosure Document
By Disclosure Working Group
Date:
[Option #1] The attached Disclosure Document has been reviewed and approved by the
Disclosure Working Group pursuant to the District’s Disclosure Policies and Procedures.
General Manager
Controller
General Counsel
Note: The approval of only the Disclosure Coordinator is required for Disclosure Documents that
(i) the District is contractually obligated to file with the MSRB as a result of the occurrence of a Listed
Event or as a result of the failure to file the required annual financial report on a timely basis or (ii)
contain no discretionary content.
[Option #2] The attached Disclosure Document has been reviewed and approved by the
Disclosure Coordinator pursuant to the District’s Disclosure Policies and Procedures.
Disclosure Coordinator
Attachment 1
Board Policy 3.06(d)
Board Policy 3.06
ATTACHMENT D
Form of Cover Letter for
Transmittal of Official
Statement by Financing Group
to Disclosure Working Group
Disclosure Working Group:
With respect to the attached Official Statement:
(i) the Financing Group has performed its responsibilities set forth in subsection iii. of Section 3.01
of the Disclosure Policies and Procedures;
(ii) the members of the Financing Group and the Contributors to the Official Statement are listed
below;
(iii) the Official Statement accurately reports all material information relating to the District, and
all information relating to the District has been critically reviewed by an appropriate person; and
(iv) all information in the Official Statement, other than the information described in the previous
clause (iii) will be addressed by an appropriate person in a closing certificate or opinion and (iv) [Option
#1: in our judgment, the Official Statement is in substantially final form and ready for review by the
Disclosure Working Group] [Option #2: the following are significant disclosure issues or concerns
identified by the Financing Group].
Controller
Members of Financing Group:
[to come]
Contributors:
[to come]
Attachment 1
Board Policy 3.06(e)
Board Policy 3.06
ATTACHMENT EC
FormTemplate of Information to be Included in the of Staff Report Transmitting
Official Statement by DistrictGeneral Manager to District Board of Directors
To: Members of the Board of Directors
From: General Manager
Date: __________________
This Staff Report relates to the proposed issuance of ______ (the “Obligations”) by the District. The Board
of Directors (Board) is asked to approve issuance of the Obligations and all related documents. The near-
final versions of these documents are attached.
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 DirectorsDistrict Council 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
Board Policy 3.06(f)
Board Policy 3.06
ATTACHMENT F
Form of Cover Letter for
Transmittal of Financial Statements
to Disclosure Working Group
Disclosure Working Group:
I attach the District’s financial statements as of March 31, ____, along with an opinion of our
independent auditor. I believe the financial statements present fairly, in all material respects, the financial
position of the District as of March 31, ____ in accordance with accounting principles generally accepted
in the United States of America and applicable laws and regulations of the State of California. In addition,
the financial statements include a Management Statement and certain supplementary schedules that I
conclude are true and accurate. These Financial Statements are ready for review by the Disclosure
Working Group pursuant to Section 4.02 of the Disclosure Procedures.
Controller
Attachment 1
Board Policy 3.06(g)
Board Policy 3.06
ATTACHMENT G
Annual Financial Report
Required Tables and Supplemental Financial Disclosures
The Annual financial report is due 210 days after end of fiscal year and will update all tables for all
Official Statements for all outstanding District debt and CUSIP number, including:
1. Updated Tables from Official Statement
a. District Secured and Unsecured Tax Receipts
b. Projected District Revenues
c. Projected Debt Coverage
d. Composite District Payment Obligations
e. District Debt Outstanding
f. District Assessed Valuation
g. Direct and Overlapping Debt
2. Supplemental Financial Disclosures
a. Bonds Redeemed Prior to Maturity
b. Amount of Bond Reserve Funds
Attachment 1
R-17-34
Meeting 17-08
March 22, 2017
AGENDA ITEM 4
AGENDA ITEM
Proposed Enhancement to District’s Accounts Payable Claims Process
GENERAL MANAGER’S RECOMMENDATIONS
Approve the recommendations from the Action Plan and Budget Committee:
1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000)
without holding for Board approval, but continue to provide the current claims report to the
board for information.
2. Approve the revised Board Policy 1.03 – Board Agenda.
SUMMARY
The Board of Directors (Board) has directed staff to continuously evaluate and identify
enhancements to operational efficiencies and improvements that streamline processes including
alignment with the opportunities identified in the Financial and Operational Sustainability Model
Study conducted in 2015. The current process of holding claims checks over $50,000 is manual
and prevents the District from enabling the New World System to process electronic transfers.
Furthermore, the Board authorizes and commits to the expenditure at the beginning of the
contracting process when a contract is approved.
The General Manager recommends that the Board remove the requirement for Accounts Payable
staff to hold checks or payments over $50,000 for which the Board provided prior approval
through an adopted budget and authorization to enter under contract or agreement. To
implement this streamlined claims procedure enhancement, the General Manager also proposes
revising the Claims section of Board Policy 1.03 – Board Agenda. Additionally, a repeal of
Resolution 14-12 is necessary to implement the streamlined process and is also being considered
for Board approval at the March 22, 2017 Board meeting
MEASURE AA
This is not a Measure AA project.
R-17-34 Page 2
DISCUSSION
Accounts Payable staff holds all single claim payments exceeding $50,000 until review and
approval from the Board at the next regular meeting. The unintended consequences of holding
these payments are: (1) creates additional processing steps for Accounts Payable staff,
(2) delays payments to vendors, and (3) prevents implementation of efficient, system-wide
electronic payments via the New World system.
Current Process to authorize Expenditures
1. Board approval of budget - The Board establishes the funding for the District’s plans and
sets the components of the District’s fund balances including the constraints for specific
purposes.
2. Board approval of purchases in excess of $50,000 – If the cost of service, material, or
other valuable consideration exceeds $50,000, requester must present to the Board for
approval, justification to bind the District under a contractual agreement.
3. Management sign-off on contract – The contract and supporting documentation routed
for management approval.
4. System contract and purchase order management – Upon receipt of a fully authorized
contract, generate and approve a New World system contract and purchase order.
5. Checks over $50,000 held for Board approval – Accounts Payable staff holds payments
in excess of $50,000 or Board review and approval prior to mailing.
Proposed Process, including additional Controls
With the creation of the Procurement and Contract Specialist role, the District has the staff
needed to set additional controls through auditing contractual documentation.
1. Board approval of budget – No change to process
2. Board approval of purchases in excess of $50,000 – No change to process
3. Management sign-off on contract – No change to process
R-17-34 Page 3
4. Planned: Procurement audit of fully authorized system contract and purchase order –
a. Verify Board approval of budget and Board authorization to proceed with contract
b. Verify management sign-off on contract routing slip
c. Verify fully authorized contractual documents are loaded into New World system
5. Proposed: Payments over $50,000 – With added controls, Accounts Payable releases the
checks without prior review from Board. Board provided with Claims report at next
Board meeting.
Benefits to Enhanced Process:
1. Fewer invoice payment processing steps – By reducing the number of steps needed to
process an invoice, staff can process an increased volume of invoices while also decreasing
administration costs to process these invoices. Additionally, the reduced invoice approval
cycle, from weeks to a few days, opens up opportunities to negotiate early payment discounts
with vendors.
2. Supports electronic payment system – Eliminating payment holds for single claim payments
over $50,000 allows the District to fully utilize the New World accounts payable system and
implement this more efficient and more secure method of vendor payment.
Enhanced Invoice processing Steps
If approved, the combined proposed enhancements streamline invoice-processing activities from
fifteen steps and eight reviewers to nine steps and five reviewers.
R-17-34 Page 4
Current Invoice Process Enhanced Invoice Process
FISCAL IMPACT
There is no negative fiscal impact associated with the General Manager’s recommendations.
These recommendations reduce administrative time to process and approve invoices for
payment.
BOARD COMMITTEE REVIEW
The District’s Action Plan and Budget Committee held a meeting on February 21, 2017. The
Committee voted to forward this Proposed Enhancement to District’s Accounts Payable Claims
Process to the full Board of Directors for approval.
PUBLIC NOTICE
Public notice provided pursuant to 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
If approved by the Board, revise the District’s Board Policy 1.03 – Board Agenda and authorize
Accounts Payable staff permission to release claim payments over fifty thousand dollars
($50,000) without holding for Board Approval, but continue to provide the current claims report
to the Board for information.
R-17-34 Page 5
Attachments
1. Proposed revision to the District’s Board Policy 1.03
2. Action Plan and Budget Committee draft minutes for February 21, 2017
Responsible Department Head:
Stefan Jaskulak, CFO/Director of Administrative Services
Prepared by:
Janine Ward, Procurement & Contract Specialist, Administrative Services
Contact person:
Stefan Jaskulak, CFO/Director of Administrative Services
Midpeninsula Regional Open Space District
Board Policy Manual
Board Agenda Policy 1.03
Chapter 1 – Administration & Government
Effective Date: Revised Date: 1103/1322/1317
Prior Versions: 11/13/13
Board Policy 1.03 Page 1 of 7
Agenda
All reports, ordinances, resolutions and other matters intended to be considered by the Board
at its regular meeting shall be delivered to the District Clerk no later than 5:00 p.m. on the
preceding Wednesday for material requiring typing or other preparation, and not later than
5:00 p.m. on the preceding Thursday for material requiring reproduction only.
Any Board member or Board appointed staff member may place a matter on the agenda for
Board consideration. The District Clerk shall prepare the agenda according to the order of
business as determined by the General Manager. A copy of the agenda and all available
supporting materials shall be mailed by 5:00 p.m. on the Friday preceding each regular Board
meeting or delivered by 7:00 p.m. on the Saturday preceding each regular Board meeting.
Supplementary materials may be received by the District Clerk after that time, provided the
matter refers to an already agendized item.
Agendas will be available with no charge upon request to public officials, newspapers in the
District, and members of the public at the District office by 9:00 a.m. on the Monday preceding
the regular meeting. Agendas will be posted in a location that is freely accessible to members of
the public at least 72 hours before a regular meeting or at least 24 hours before a special
meeting.
Supporting materials (reports, memoranda, resolutions, nonconfidential written
communications to the Board, and other informational materials not previously published or
distributed) may be obtained upon request by public agencies, newspapers in the District and
members of the public at the District office by 9:00 a.m. on the Monday preceding the regular
meeting, and 24 hours before a special meeting.
Written materials distributed during a public meeting by any person in connection with a
matter subject to discussion or consideration shall be made available for inspection at the
meeting if prepared by District staff or by a member of the Board, or immediately after the
meeting if prepared by some other person.
Absent extraordinary circumstances, communications to the Board from members of the public
shall be deemed nonconfidential. A memorandum from the General Manager explaining the
justification for this decision “not to distribute materials to members of the public” shall
accompany the written communications when sent to the Board. There will be no charge for
the materials if available; otherwise the cost of reproduction will be charged.
Attachment 1
Board Policy 1.03 Page 2 of 7
No action or discussion shall be undertaken on any item not appearing on the posted agenda by
the Board, provided that matters deemed to be of an urgent nature by a two-thirds vote of the
Board, (or, if less than two-thirds of the Board members are present a unanimous vote of those
members present) with an explanation stated as to the urgency, may be acted upon. (See also
Government Code § 54954.2.)
Board Member Requests to Place Matters on the Agenda for Reconsideration
If the Board has previously voted on a matter, a Board member may place a request for
reconsideration of the prior Board action on the agenda if that member voted on the prevailing
side. A motion to reconsider may be made at the same meeting such action was taken, the
next Regular Board meeting, or any intervening Board meeting. If the motion to reconsider is
made and approved at the same meeting the action was taken, the matter may be
reconsidered at that meeting, at the next Regular Meeting, or any intervening Board meeting,
at the discretion of the Board of Directors. After a motion to reconsider has been made and
approved by a majority of the Board, unless the matter is reconsidered at the same meeting
Board action was taken, the District Clerk shall place the prior Board action on the Board
agenda for reconsideration at the next Regular Meeting, an intervening Board meeting, or at
the earliest feasible Board meeting if it is infeasible to agendize the matter at the next Regular
Meeting, unless otherwise directed by the Board. The reconsideration rules contained in this
Section shall not limit the Board’s inherent legislative authority to rescind, amend, repeal, or
otherwise nullify a prior Board action at a subsequent Board meeting. The reconsideration
rules in this Section are not applicable to Board-appointed employees or their designees who
may agendize matters for reconsideration, amendment, rescission, or repeal if deemed
necessary to efficiently conduct District business or accomplish the District’s mission.
(Report R-08-130)
Order of Business
The order of business shall be determined by the General Manager for the purpose of preparing
meeting agendas, using the following format, unless in the General Manager’s opinion, a
different order would be more appropriate:
1. Roll Call
2. Pledge of Allegiance (see Section 1.42)
3. Oral Communications
4. Special Orders of the Day
5. Adoption of Agenda
6. Adoption of Consent Calendar
7. Approval of Minutes (Consent Item)
8. Written Communications (Consent Item)
9. Claims (Consent Item)
9.10. Unfinished Business
10. Public Hearings/
11. Board Business
12. Informational Reports—Directors and Staff
13. Revised Claims (Consent Item)
14.13. Closed Session
Attachment 1
Board Policy 1.03 Page 3 of 7
15.14. Adjournment
The order of business as set forth in the meeting agenda shall not be departed from except by
consent of the majority of the Board.
Roll Call
Before proceeding with the business of the Board, the District Clerk or minute taker shall call
the roll of the Board of Directors, and the names of those present shall be entered into the
minutes.
Pledge of Allegiance
The Pledge of Allegiance shall be recited at the first meeting of July, and a special presentation
shall be made at that time.
Oral Communications—Public
Members of the public may address the Board under the category Oral Communications during
meetings on any matter not on the agenda concerning the affairs of the District. The presiding
member of the Board may limit presentations of speakers under this section to three minutes.
If the Oral Communications category exceeds fifteen minutes, the President, with the approval
of the Board, may delay additional oral communications to a designated time later in the
meeting. Members of the public may address the Board on any agenda item when that item is
considered by the Board.
Absent extraordinary circumstances, the Board will not discuss oral communication items
unless the communication relates to an item appearing on the agenda for that meeting. The
Board may briefly respond, as questions for clarification, provide information resource
references, request staff to report back at a future meeting, or place the item on the agenda of
a future meeting.
A member of the public may request under oral communications that an item be removed from
the consent calendar.
At beginning of each meeting, the President shall make a statement outlining the procedures
for public comment.
A member of the public may address the Board on an item not on the agenda under Oral
Communications. Each speaker will ordinarily be limited to 3 minutes. There shall be no action
or discussion on items not appearing on the agenda. However, Board members may briefly
respond to public questions, ask a question for clarification, refer the matter to staff, request
staff to report back at a future meeting as an informational report or place the matter on a
future agenda.
Special Orders of the Day
Attachment 1
Board Policy 1.03 Page 4 of 7
Any Board member or Board appointed staff member may schedule special presentations,
introductions or other activities deemed appropriate to this category, which shall be placed on
the agenda by the District Clerk.
Adoption of Agenda
The Board shall determine the order of business to be considered at regular meetings, including
placement of items removed from the consent calendar, and shall adopt the agenda, with
additions or deletions. Only items of an urgent nature may be added to the agenda at this time,
provided that any action be taken pursuant to Section 1.30.
Adoption of Consent Calendar
The following items shall normally be included on the consent calendar: 1) approval of
minutes; 2) written communications; 3) agenda items that the General Manager deems do not
require Board discussion; and 4) revised claims. All items on the consent calendar shall be
approved by one motion unless a request is made by a Board member to remove an item from
the consent calendar for separate discussion. A member of the public may request under oral
communications that the Board remove an item from the consent calendar for separate
discussion.
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.
Board members may ask brief questions for clarification or make brief statements on an item
without removing it from the Consent Calendar.
Board members may vote "no" on Consent Calendar items without pulling them from the
Consent Calendar by asking that the minutes reflect a "no" vote on a specified agenda item.
Approval of Minutes (Consent Item)
Unless removed from the consent calendar by a member of the Board or the public, the
minutes of the previous Board meeting(s) shall be approved without reading during the
adoption of the consent calendar, provided that the District Clerk has previously furnished each
member of the Board with a copy.
Written Communications (Consent Item)
The District Clerk is authorized to receive and open all mail addressed to the Board of Directors
from members of the public. Any such written communication addressed to the Board shall be
reproduced and distributed in the next regular mailing to the Board members and to members
of the press who have requested supporting materials (see Section 1.30).
All written communications, unless they relate to an item on the agenda, must be received no
later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be
distributed with the agenda and supporting materials and considered by the Board at the
forthcoming meeting. If, in the opinion of the General Manager, a written communication
should not be distributed with the agenda and supporting materials without a draft response,
which has yet to be prepared, the written communication may be distributed later, but no later
Attachment 1
Board Policy 1.03 Page 5 of 7
than at the forthcoming Board meeting. Written communications not directly related to an item
on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the
agenda and supporting materials and considered by the Board at the forthcoming meeting if, in
the opinion of the General Manager, time is of the essence for consideration of the written
communication by the Board. Written communications directly related to an item on the
agenda will be accepted for distribution up to 3:00 p.m. on the day of the meeting. Written
communications directly related to an item on the agenda but received after 3:00 p.m. on the
day of a meeting must be accompanied by thirty copies for distribution in order to be
considered by the Board as written communication at the meeting.
Draft replies to written communications which have not been considered by the Board may be
submitted with the written communication, provided such draft replies are labeled as follows:
“Draft Response prepared by Staff.” Any member of the Board may request that such written
communication be placed on the agenda as an emergency item in accordance with Section 1.30
for consideration by the Board.
The Board shall consider the recommendation of the General Manager and determine whether
a written communication shall be placed on the agenda in accordance with the procedures of
Section 1.30, considered in connection with an item already on the agenda, and/or referred to
a committee, a Director or staff for simple acknowledgement, response or draft response or
shall determine that an adequate response has been made.
A written communication addressed to an individual Director may, at the discretion of the
individual Director, be considered a personal letter, a written communication or may be relayed
to the members of the Board as an informational item.
Members of the public may read written communications into the District’s record during oral
communications at a regular meeting and offer explanations of any such document. The
presiding member of the Board may limit presentations of the speakers, including the reading
of a written communication, to three minutes. Written communications received at a regular
Board meeting shall be reproduced and distributed to absent Board members and to members
of the press who have requested supporting materials no later than the next regular mailing to
the Board. Written communications which are distributed to the Board at a time other than a
regular mailing shall be distributed to members of the press who have requested supporting
materials within two working days of when they are sent to the Board. Written communications
accompanied by an extraordinary quantity of attachments may, at the discretion of the General
Manager, be duplicated and distributed with some or all the attachments excluded. The
General Manager shall note on the written communication or in an accompanying
memorandum that the entire written communication, including attachments is available at the
District office for public review. The General Manager shall determine the most appropriate
method for presenting the attachments to the Board of Directors. Copies of the excluded
attachments will be made available on the same basis as any other public record.
If a Board member represents the District before another agency or organization, the Board
member shall represent the majority position of the Board.
Attachment 1
Board Policy 1.03 Page 6 of 7
When contacting another agency or organization in a personal capacity, Board members should
indicate that his/her comments are given as an individual and not as an official representative
of the District Board of Directors.
Revised Claims (Consent Calendar)
Public Resources Code § 5547, 5544.22[JW1], 5540, and 5549 as amended.
Claims against the District shall be paid for which an expenditure has prior approval by a
majority of the Board and adopted in the District’s budget.No claims against the District shall be
paid unless the same shall be first approved by a majority of the Board at a meeting thereof.
Payment of employees’ salaries and fringe benefits and other recurring claims may be
authorized by the Board on an annual basis.
Unfinished Business
When a regular meeting is adjourned before the completion of the agenda, all unfinished items
shall be listed under Unfinished Business on the next regular Board meeting agenda, at the
discretion of the General Manager or unless otherwise designated by a majority of the Board.
Public Hearings
Any matter which, in the opinion of the Board of Directors, President, or General Manager
requires notice to and response by members of the public may be placed on the agenda under
this category.
During consideration of agenda items the following sequence is to be adhered to, unless
specific exceptions are agreed to by the Board:
1. Presentation on agenda item;
2. Board and staff members may ask questions for clarification, followed by preliminary
Board comments and discussion if any;
3. Public Comment period;
4. Board discussion and deliberations; additional comment from public only when
requested by Board members and directed through the presiding officer;
5. Board action on agenda item.
Persons addressing the Board should be requested to state their name and address for the
record.
Persons who are recognized should address the Board from the podium microphone prior to
speaking, not speak from their seats.
The person recognized by the President should address the Board, not staff members or other
audience members. There should not be a dialogue between audience members and staff, or
between audience members. Public comments and questions should be directed through the
President.
Attachment 1
Board Policy 1.03 Page 7 of 7
Only one person at a time should address the Board; other audience members should wait to
be recognized before speaking. The President should discourage out-of-turn speaking by the
public.
At the close of public comment, the President should indicate that the matter is now returned
to the Board for deliberation and decision.
Board Business
These are business items being presented to the Board for consideration that do not fall under
the category of Unfinished Business (see Section 1.49). Action in the form of an ordinance,
resolution, motion or direction to staff may be required for items in this category.
Informational Reports—Directors and Staff
Informational, short reports by Directors and staff members on items of interest to the District
may be given under this category. No action is expected but could occur at a regular meeting
with a vote as required by Section 1.30.
Informational reports should be restricted to brief announcements or reports related to District
business and shall generally be no more than three minutes per person. There shall be no
action or discussion concerning Informational Reports.
Board members may refer a matter to staff, request staff to report back to the Board at a
future meeting as an informational report or place the matter on a future agenda.
Informational reports of a personal nature that are unrelated to District business should not be
shared during a public meeting.
Fees Charged for Special Mailings
Reasonable fees may be charged by the General Manager for reproducing and mailing materials
on special projects.
Attachment 1
1
ACTION PLAN AND BUDGET COMMITTEE
Administrative Office
330 Distel Circle
Los Altos, CA 94022
February 21, 2017
DRAFT MINUTES
ROLL CALL
Director Kishimoto called the meeting to order at 2:32 p.m.
Members Present: Curt Riffle and Yoriko Kishimoto
Members Absent: Jed Cyr
Staff Present: General Manager Steve Abbors, Chief Financial Officer Stefan Jaskulak,
General Counsel Sheryl Schaffner, District Clerk/Assistant to the General
Manager Jennifer Woodworth; Procurement Specialist Janine Ward,
Senior Accountant Andrew Taylor
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the
agenda.
VOTE: 2-0-0 (Director Cyr absent)
ORAL COMMUNICATIONS
No speakers present.
COMMITTEE BUSINESS
1. Selection of Committee Chair for Calendar Year 2017
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to nominate
Director Cyr as the Action Plan and Budget Committee Chair for calendar year 2017.
VOTE: 2-0-0 (Director Cyr absent)
2. Approve the April 19, 2016 Action Plan & Budget Committee Minutes.
Attachment 2
Action Plan & Budget Committee February 21, 2017
2
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve the
Action Plan and Budget Committee minutes for April 19, 2016.
VOTE: 2-0-0 (Director Cyr absent)
3. Review Proposed Enhancement to District’s Accounts Payable Claims Process (R-
17-25)
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff
presentation summarizing the current process for authorizing expenditures and proposed changes
to the process. Mr. Jaskulak described the various benefits to streamlining the invoice process,
including using more efficient and secure electronic payments and decreasing administrative
costs.
Director Riffle requested additional information regarding the proposed repeal of Resolution 14-
12.
General Counsel Sheryl Schaffner explained repealing Resolution 14-12 is needed to align the
District’s current process with Board Policy 3.03 and Public Resources Code 5549, which allow
the General Manager to enter into contracts up to $50,000.
Director Riffle spoke in favor of streamlining the claims process and the additional
enhancements proposed for the invoice process.
Director Kishimoto stated the Board would be able to ask questions regarding a contract’s
specifications and the recommended vendor when contracts over $50,000 are approved by the
Board of Directors.
Public comment opened at 3:07 p.m.
No speakers present.
Public comment closed at 3:07 p.m.
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend to
the full Board of Directors, for review and approval the following actions:
1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000)
without holding for Board approval, but continue to provide the current claims report to the
board for information.
2. Recommend Board approval of the revised Board Policy 1.03 – Board Agenda.
VOTE: 2-0-0 (Director Cyr absent)
4. Revised Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond
Issuances (R-17-26)
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff
presentation describing the history of current Board Policy 3.06 Initial and Continuing
Disclosures Relating to Bond Issuances and proposed policy revisions.
Attachment 2
Action Plan & Budget Committee February 21, 2017
3
Ms. Schaffner stated the proposed revisions to policy enhance the District’s ability to comply
with legal requirements and removed redundant steps.
Director Kishimoto requested a summary of the substantive changes to the revised policy.
Mr. Jaskulak explained several redundancies and templates were removed that required
communication between the finance and disclosure group because they are largely the same staff
members.
Public comment opened at 3:19 p.m.
No speakers present.
Public comment closed at 3:19 p.m.
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend
Board approval of revisions to Board Policy 3.06 for disclosures relating to District bond
issuances.
VOTE: 2-0-0 (Director Cyr absent)
ADJOURNMENT
Director Kishimoto adjourned the meeting of the Action Plan and Budget Committee of the
Midpeninsula Regional Open Space District at 3:24 p.m.
__________________________________
Jennifer Woodworth, MMC
District Clerk
Attachment 2
R-17-30
Meeting 17-08
March 22, 2017
AGENDA ITEM 5
AGENDA ITEM
Repeal of Resolution 14-12
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution repealing Resolution 14-12, which authorized the General Manager or
designee to approve claims up to $25,000, in order to enable the District to be consistent with
Public Resources Code 5549.
SUMMARY
On March 12, 2014, the Board of Directors adopted Resolution 14-12 authorizing the General
Manager or designee to approve the payment of claims up to $25,000. In 2015 Public Resources
Code Section 5549 and Board policy 3.03 (Public Contract Bidding, Vendor and Professional
Consultant Selection, and Purchasing Policy) were amended to increase the General Manager’s
expenditure authority to $50,000. Repeal of Resolution 14-12 is needed to align current practice
and General Manager authority to the previously approved Board policies.
DISCUSSION
The General Manager recommends repealing Resolution 14-12, which authorized the General
Manager or designee to approve claims up to $25,000. Repealing Resolution 14-12, allows the
District to align with the change to Public Resources Code Section 5549 that increased the
General Manager’s or designee’s authority to bind the District for payments up to $50,000,
effective January 1, 2016. Additionally, in order to carry out the Action Plan and Budget
Committee’s recommended changes to the claims process and associated revisions to Board
policy 1.03 (Board Agendas), repeal of Resolution 14-12 is necessary to implement the
streamlined process also to be considered for Board approval at the March 22, 2017 Board
meeting.
FISCAL IMPACT
There is no fiscal impact associated with this action. Along with the other proposed changes to
the claims process, repealing Resolution 14-12 will help reduce administrative time to process
and approve invoices for payment.
R-17-30 Page 2
BOARD COMMITTEE REVIEW
The Action Plan and Budget Committee discussed this item at its February 21, 2017 meeting and
recommended repeal of Resolution 14-12 in order to reflect current practice, General Manager
authority, and streamline the administration of District business.
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
If the Board adopts a resolution repealing Resolution 14-12, the General Manager will be
authorized to approve claims over $50,000 for which the Board has provided prior approval
through an adopted budget and authorization to enter under contract or agreement.
Attachments
1. Resolution of the Board of Directors of Midpeninsula Regional Open Space District
Repealing Resolution No. 14-12 in its Entirety
2. Resolution 14-12
3. Action Plan and Budget Committee draft minutes for February 21, 2017
4. Assembly Bill 495
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer/Administrative Services Director
Prepared by:
Jennifer Woodworth, District Clerk/Assistant to the General Manager
Contact person:
Stefan Jaskulak, Chief Financial Officer/Administrative Services Director
Attachment 1
RESOLUTION NO. 17-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT REPEALING RESOLUTION NO.
14-12 IN ITS ENTIRETY
WHEREAS, the Board of Directors adopted Resolution 14-12 on March 12, 2014
authorizing the General Manager to approve the payment of claims up to $25,000; and
WHEREAS, Assembly Bill 495 amended California Public Resources Code Section
5549(b)(2) allowing the Board to raise the General Manager’s expenditure authority for the
payment of supplies, materials, labor, or other expenses to $50,000; and
WHEREAS, pursuant to Public Resources Code section 5549(b)(2) of December 16,
2015 the Board approved revisions to Board Policy 3.03 “Public Contract Bidding, Vendor and
Professional Consultant Selection, and Purchasing Policy” to increase the General Manager’s
expenditure authority to $50,000; and
WHEREAS, the Board of Directors desires to authorize the General Manager or his/her
designees to approve claims against the District without the prior specific approval of the Board,
as provided in Public Resources Code 5549 and Board Policy 3.03.
NOW, THEREFORE, BE IT RESOLVED, the Board of Directors of Midpeninsula
Regional Open Space District hereby repeals Resolution 14-12 in its entirety.
* * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ________________, 2017, at a regular meeting thereof, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
Attachment 1
APPROVED AS TO FORM:
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.
District Clerk
· RESOLUTION 14-12
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MID PENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
THE GENERAL MANAGER TO APPROVE THE PAYMENT OF
CLAIMS UP TO $25,000
WHEREAS, California Public Resources Code section 5549(b) empowers the Board to
authorize the General Manager to bind the District, in accordance with Board policy, to enter
into contracts under specified dollar amounts for specified purposes, provided that all such
authorized expenditures are reported to the Board of Directors at its next regular meeting; and
WHEREAS, pursuant to Public Resources Code section 5549(b) the Board has expressly
delegated authority to the General Manager to bind the District to contracts under the specified
amounts for the specified purposes in the Board Policy entitled, "Public Contract Bidding,
Vendor and Professional Consultant Selection, and Purchasing Policy," Rev. January 27,2010;
and
WHEREAS, the Board of Directors desires to authorize the General Manager or
designees to approve claims against the District within the authorized expenditure authority,
without the prior specific approval of the Board, as provided in said sections of the California
Public Resources Code.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District hereby authorizes the General Manager or designee
to approve all claims against the District up to $25,000, and directs the General Manager or
designees to include these claims on the Claims Report for ratification by the Board at its next
regular meeting.
**********************************************
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on March 12, 2014, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
CYR, HARRIS, HASSETT, RIFFLE, SIEMENS
NONE
ABSTAIN: NONE
ABSENT: HANKO AND KISHIMOTO
ATTEST: APPROVED:
d ,�
secretar�
Board 0 Directors
Reso lutionsJ20 141 14-12 _General Manager Authorization_Claims 1
C9-�':\
President \
Board of Directors
Attachment 2
APPROVED AS TO FORM:
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_
Resolutionsl20 141 14-12_ General Manager Authorization_Claims 2
Attachment 2
1
ACTION PLAN AND BUDGET COMMITTEE
Administrative Office
330 Distel Circle
Los Altos, CA 94022
February 21, 2017
DRAFT MINUTES
ROLL CALL
Director Kishimoto called the meeting to order at 2:32 p.m.
Members Present: Curt Riffle and Yoriko Kishimoto
Members Absent: Jed Cyr
Staff Present: General Manager Steve Abbors, Chief Financial Officer Stefan Jaskulak,
General Counsel Sheryl Schaffner, District Clerk/Assistant to the General
Manager Jennifer Woodworth; Procurement Specialist Janine Ward,
Senior Accountant Andrew Taylor
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the
agenda.
VOTE: 2-0-0 (Director Cyr absent)
ORAL COMMUNICATIONS
No speakers present.
COMMITTEE BUSINESS
1. Selection of Committee Chair for Calendar Year 2017
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to nominate
Director Cyr as the Action Plan and Budget Committee Chair for calendar year 2017.
VOTE: 2-0-0 (Director Cyr absent)
2. Approve the April 19, 2016 Action Plan & Budget Committee Minutes.
Attachment 3
Action Plan & Budget Committee February 21, 2017
2
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to approve the
Action Plan and Budget Committee minutes for April 19, 2016.
VOTE: 2-0-0 (Director Cyr absent)
3. Review Proposed Enhancement to District’s Accounts Payable Claims Process (R-
17-25)
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff
presentation summarizing the current process for authorizing expenditures and proposed changes
to the process. Mr. Jaskulak described the various benefits to streamlining the invoice process,
including using more efficient and secure electronic payments and decreasing administrative
costs.
Director Riffle requested additional information regarding the proposed repeal of Resolution 14-
12.
General Counsel Sheryl Schaffner explained repealing Resolution 14-12 is needed to align the
District’s current process with Board Policy 3.03 and Public Resources Code 5549, which allow
the General Manager to enter into contracts up to $50,000.
Director Riffle spoke in favor of streamlining the claims process and the additional
enhancements proposed for the invoice process.
Director Kishimoto stated the Board would be able to ask questions regarding a contract’s
specifications and the recommended vendor when contracts over $50,000 are approved by the
Board of Directors.
Public comment opened at 3:07 p.m.
No speakers present.
Public comment closed at 3:07 p.m.
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend to
the full Board of Directors, for review and approval the following actions:
1. Authorize Accounts Payable staff to release payments over fifty thousand dollars ($50,000)
without holding for Board approval, but continue to provide the current claims report to the
board for information.
2. Recommend Board approval of the revised Board Policy 1.03 – Board Agenda.
VOTE: 2-0-0 (Director Cyr absent)
4. Revised Board Policy 3.06 – Initial and Continuing Disclosures Relating to Bond
Issuances (R-17-26)
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided the staff
presentation describing the history of current Board Policy 3.06 Initial and Continuing
Disclosures Relating to Bond Issuances and proposed policy revisions.
Attachment 3
Action Plan & Budget Committee February 21, 2017
3
Ms. Schaffner stated the proposed revisions to policy enhance the District’s ability to comply
with legal requirements and removed redundant steps.
Director Kishimoto requested a summary of the substantive changes to the revised policy.
Mr. Jaskulak explained several redundancies and templates were removed that required
communication between the finance and disclosure group because they are largely the same staff
members.
Public comment opened at 3:19 p.m.
No speakers present.
Public comment closed at 3:19 p.m.
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to recommend
Board approval of revisions to Board Policy 3.06 for disclosures relating to District bond
issuances.
VOTE: 2-0-0 (Director Cyr absent)
ADJOURNMENT
Director Kishimoto adjourned the meeting of the Action Plan and Budget Committee of the
Midpeninsula Regional Open Space District at 3:24 p.m.
__________________________________
Jennifer Woodworth, MMC
District Clerk
Attachment 3
Attachment 4
Attachment 4
R-17-35
Meeting 17-08
March 22, 2017
AGENDA ITEM 6
AGENDA ITEM
Agreement with Sharp Business Systems to enter into a 48-Month Lease and Use Agreement for
eight leased printers and two owned printers.
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into a 48-month lease and use agreement with Sharp
Business Systems for an amount not to exceed one hundred two thousand, four hundred thirty-
two dollars ($102,432).
SUMMARY
The District’s current printer lease and use agreement with Sharp Business Services (Sharp)
expires in July 2017. Through the cooperative purchasing capability of the National Cooperative
Contract with the National Joint Powers Alliance (NJPA), the District leverages the collective
purchasing volume of member agencies and benefits from negotiated price advantages.
Local agencies using the NJPA National Cooperative Contract with Sharp include the City of
Mountain View, City of Redwood City, Menlo Park City School District, Palo Alto Unified
School District, and San Jose Unified School District.
Under the new lease agreement with Sharp, the District will obtain new printers with increased
functionality and expanded technology for greater efficiency. Staff recommends using the
National Cooperative Contract to enter into a new four-year lease and use agreement between the
District and Sharp for eight leased printers and two owned printer for an amount not to exceed
one hundred two thousand, four hundred thirty-two dollars ($102,432).
MEASURE AA
This is not a Measure AA project.
DISCUSSION
The District lease with Sharp expires in July 2017. Six of the current printers are over four years
old and have outdated technology. With a new lease, the District has the opportunity to upgrade
its multi-function printers on a national cooperative contract and keep costs down.
Cooperative purchasing allows the district to use an existing, competitively awarded, contract
with joint agencies to lease the equipment directly from Sharp. This provides cost savings to the
District and reduces staff time required to conduct an extensive bid process. In this case, NJPA
R-17-35 Page 2
issued a Request for Proposal for printer purchase, lease, and use services to thirty-six vendors
and received proposals from nine vendors. NJPA evaluated the bids and determined that Sharp
provides technically innovated printers with a pricing program that brings high value and lowest
cost.
Equipment List:
Sharp Device on
Current Lease Office - Department Number
of Items
Suggested Device on
New Lease
Sharp MX7040 Copy room - AO 1 Sharp MX6070
Sharp MX3140 Copy room - AO 1 Sharp MX3570
Sharp MX3140 Skyline Field Office 1 Sharp MX3570
Sharp MX3140 Foothill Field Office 1 Sharp MX3570
Sharp MX3140 AO2 1 Sharp MX3570
Sharp MX402 – owned printer AO3 1 Sharp MX3570 (upgrade to new lease)
Sharp MX3070 AO4 1 no change
Kyocera FS4200 AO 1 no change
Sharp MX301W - owned printer
Mt. Umunhum Field
Office 1 no change (not on lease)
Sharp MX402 – owned printer Coastal Field Office 1
Owned printer moved from AO3
adding in July 2017 (not on lease)
Current Equipment Functions vs New Equipment Functions:
Sharp Device on
Current Equipment Functions Suggested Device
on New Equipment Functions
Sharp MX7040
(2012)
80 GB Memory
600 x 600 dpi (image clarity)
70 Page Per Minute
120 page scanning speed
2 x 500 sheet drawer
2000 tandem paper drawer
Sharp MX6070
(2016)
500 GB Memory
1200 x 1200 dpi (image clarity)
60 Page Per Minute
200 page scanning speed
2 x 550 sheet drawer
2100 tandem paper drawer
Supports Mobility & Pull Printing
(Drivve Print)
Supports Usage
Tracking/Reporting
Sharp OSA Technology (Cloud
Ready)
Supports Data, Fax, SharePoint
Connector (Drivve Image)
Stapleless Stapling
R-17-35 Page 3
Sharp Device on
Current Equipment Functions Suggested Device
on New Equipment Functions
Sharp MX3140
(2012)
320 GB Memory
600 x 400 dpi (image clarity)
31 Page Per Minute
100 page scanning speed
3 - 500 sheet drawers
Sharp MX3570
(2016)
500 GB Memory
1200 x 1200 dpi (image clarity)
35 Page Per Minute
150 Page scanning speed
3 - 550 sheet drawers
Supports Mobility & Pull Printing
(Drivve Print)
Supports Usage
Tracking/Reporting
Sharp OSA Technology (Cloud
Ready)
Supports Data, Fax, SharePoint
Connector (Drivve Image)
Stapleless Stapling
New Technology
Drivve Image – Document capture and routing solution allows users to capture paper documents
and their metadata and transfer to email, fax, and output to many business applications and
systems.
Drivve Print – Allows user to print from virtually any mobile device to any of the District’s print
device, release print job as needed, and the ability to provide usage tracking and reporting.
FISCAL IMPACT
The District’s FY2016-17 Budget includes $27,600 in the Administrative Services general fund
operating budget for lease of office equipment, which includes the planned build out of the
coastal area office. There are sufficient funds in the operating budget to cover the anticipated
costs for the remainder of the FY2016-17 budget under the new contract terms, due to the
deferral of the coastal area office until FY2017-18.
FY2016-17 Budget $27,600
Spent YTD (as of 2/28/2017) $15,008
Estimated Expenditure (March-June) $8,277
Budget Total (Proposed): $4,315
The Administrative Services general fund operating budget for the lease of office equipment will
decrease by $1,992 annually, resulting in a total aggregated cost savings of $7,968 over the 48-
month lease.
Fiscal Year
Exercised
Budgeted Printer Lease Proposed Printer Lease
Year 1: 17/18 $25,608 $25,608
Year 2: 18/19 $25,608 $25,608
Year 3: 19/20 $25,608 $25,608
Year 4: 20/21 $25,608 $25,608
Total Cost $102,432 $102,432
R-17-35 Page 4
The new lease agreement will include eight lease printers for a monthly fee of $2,134.00. The
District is increasing from seven printers to eight printers to accommodate office and staff
growth. This new lease agreement will allow the District to upgrade to newer multi-function
printers that permits users to benefit from new technology, speed, quality, and efficiency.
Comparison to Xerox Lease through Cal eProcure
In comparison to the NJPA National Cooperative Lease Contract with Sharp, a similar lease plan
for eight Xerox multi-function printers through Cal eProcure will cost the District $30,456
annually compared to the Sharp lease of $25,608 annually. The Xerox Cal eProcure lease is an
extra $4,848 annually for an increase cost of $19,392 over a four-year period. In addition to the
monthly lease fee, Xerox also charges 1) $140 per hour for End User Training and 2) $165 per
hour for IT Training which Sharp provides without charge as part of the initial set-up.
Xerox Lease
Fiscal Year
Exercised
Xerox Proposal
Year 1: 17/18 $30,456
Year 2: 18/19 $30,456
Year 3: 19/20 $30,456
Year 4: 20/21 $30,456
Total Cost $121,824
BOARD COMMITTEE REVIEW
This report was not previously reviewed by a Committee.
PUBLIC NOTICE
Public notice of this agenda item was provided as required by the Brown Act.
CEQA COMPLIANCE
This action does not constitute a project under CEQA
NEXT STEPS
Upon Board approval, the General Manager will direct staff to enter into this four-year lease and
use agreement with Sharp Business Systems, after which, Sharp will remove the current leased
printers and replace with new models.
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer
Prepared by:
Janine Ward, Procurement and Contract Specialist
Contact person:
Stefan Jaskulak, Chief Financial Officer
R-17-37
Meeting 17-08
March 22, 2017
AGENDA ITEM 7
AGENDA ITEM
Award of Contract with Mesiti-Miller Engineering, Inc., for the preparation of construction
documents, construction bid process support and construction oversight for the Webb Creek
Bridge Replacement Project at Bear Creek Redwoods Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a multi-year professional services contract with
Mesiti-Miller Engineering, Inc., to prepare construction documents, support the construction
bid process, and provide technical construction oversight for the Webb Creek Bridge
Replacement Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed
amount of $115,560.
2. Authorize a 15% contingency of $17,334 to cover potential unforeseen requirements, for a
not-to-exceed total contract amount of $132,894.
SUMMARY
The District is in need of a qualified consultant with experience in rural bridge design to
complete construction documents, assist the District during the contractor bid process, and
provide construction oversight for the replacement of the Webb Creek Bridge (Bridge Project) at
Bear Creek Redwoods Open Space Preserve (Preserve). The Bridge Project supports the public
opening of the west side of the Preserve in late 2018. Based on the results of a Request for
Qualifications and Proposals (RFQP) and subsequent interviews with three consultant teams, the
General Manager recommends awarding a contract to Mesiti-Miller Engineering, Inc. for a total
amount not-to-exceed $132,894. Sufficient funds are included in the Fiscal Year 2016-17
(FY2017-17) Budget to carry work through June 30. Funds for subsequent budget cycles will be
included as part of the three-year Capital Improvement Program, which the Board will review
and consider in May 2017.
MEASURE AA
A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting
and includes Project #21-05 Bear Creek Redwoods Public Access Phase I Implementation. This
proposed contract serves the goals of Portfolio #21 by providing the necessary design,
engineering, permitting, and construction administrative services to replace a bridge that is
necessary to safely open the western trails to public access, as well as maintain safe access for
patrol, maintenance, and emergency vehicles.
DISCUSSION
The Webb Creek Bridge is within the Phase 1 area of the Preserve, located on the west side of
Bear Creek Road (Attachment 1). In July 2016, Waterways Consulting, Inc., updated a road and
R-17-37 Page 2
trail erosion inventory for the western side of Bear Creek Redwoods Open Space Preserve
(Inventory), identifying deficiencies and recommending fixes for the existing road and trail
network. One of the deficiencies identified was the Webb Creek Bridge. A bridge replacement is
recommended and a preliminary design (Attachment 2) has been prepared to inform the final
design and development of construction documents. To proceed with the next phase of design,
an RFQP was prepared in January 2017. The table below notes the results of the RFQP process:
RFQP Process:
Date
1/26/17 Request for qualifications and proposals emailed to consultants list and
posted on District website.
2/7/17 Pre-proposal onsite job walk attended by 12 consultants
2/24/17 Proposals received from 7 consultant teams
3/6/17 Interviews held for the 3 finalists
3/22/17 Recommended Board award of contract to Mesiti-Miller Engineering.
The recommended contract with Mesiti-Miller Engineering includes a phased design process that
allows for periodic District review as the design proceeds into formal construction documents.
The contract also includes regulatory and building permit assistance, which will occur in tandem
with the design process, as well as construction monitoring and oversight to ensure that the
contractor complies with the construction plans and design specifications.
FISCAL IMPACT
The District’s FY2016-17 Budget and Action Plan includes $596,200 for the Bear Creek
Redwoods Public Access Roads and Trails projects (MAA 21-005). There are sufficient funds in
the project budget to cover the recommended action and expenditures in FY2016-17.
Funds for subsequent budgets for professional monitoring services will be included as part of the
proposed three-year Capital Improvement Program to be considered by the Board in May 2017.
FY2016-17 FY2017-18
MAA 21-005 Budget: $596,200
Spent to Date (as of 3/8/2017): $79,838
Encumbrances: $151,719
Mesiti-Miller Engineering Contract: $117,894 $15,000
Budget Remaining (Proposed): $246,749
The following table outlines the Measure AA Portfolio budget, costs to date, and the fiscal
impact related to the MAA 21-005 Bear Creek Redwoods Public Access Roads and Trails
projects. This table includes the impact of all three Board actions for award of contract scheduled
for the March 22, 2017 meeting.
MAA 21 Portfolio Allocation: $17,478,000
Life-to-Date Spent (as of 3/14/17): $593,183
Total Encumbrances: $188,601
Award of Contract to John Northmore Roberts and Associates (MAA 21-004): $922,190
Award of Contract to Mesiti-Miller (MAA21-005): $132,894
Award of Contract to HydroScience Engineers (MAA21-003): $159,126
R-17-37 Page 3
Total BCR Projects Budget Balances*: $1,116,295
Balance Remaining (Proposed): $14,365,711
*FY2017 BCR Projects Budgets less the proposed contracts, current encumbrances, and year-to-
to-date expenditures, reflecting current fiscal commitments to other BCR projects this fiscal year.
BOARD COMMITTEE REVIEW
The Bear Creek Redwoods Preserve Plan (Preserve Plan), which identifies the Webb Creek
Bridge Replacement as one of the implementation items, involved extensive Committee and
Board review. The Board approved the Preserve Plan at the January 25, 2017 meeting (Report
R-17-15).
PUBLIC NOTICE
Public notice of this Agenda Item was provided as required by the Brown Act.
CEQA COMPLIANCE
The Board certified the Draft and Final EIR for the Preserve Plan at the January 25, 2017
meeting (Report R-17-15). The Preserve Plan identifies the Webb Creek Bridge Replacement as
one of the implementation items.
NEXT STEPS
Upon Board authorization, the General Manager will direct staff to enter into contract with
Mesiti-Miller Engineering, Inc. to complete construction documents, provide bid assistance, and
provide construction observation and oversight for the Webb Creek Bridge Replacement Project.
This bridge replacement project is anticipated to be constructed in the summer/early fall of 2018.
Award of construction contract will come back to the Board for review and approval at a future
date.
Attachments
1. Map of Construction Area from the 2016 Updated Road and Trail Erosion Inventory:
West Side (Webb Creek) Bear Creek Redwoods Open Space Preserve
2. Preliminary bridge design (plan view) prepared as part of the 2016 Updated Road and
Trail Erosion Inventory: West Side (Webb Creek) Bear Creek Redwoods Open Space
Preserve
Responsible Department Head:
Jason Lin, Engineering and Construction Department Manager
Prepared by:
Matt Brunnings, Capital Project Manager, Engineering and Construction Department
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March 2017
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R-17-42
Meeting 17-08
March 22, 2017
AGENDA ITEM 8
AGENDA ITEM
Award of Contract with John Northmore Roberts and Associates to provide design, engineering,
and construction administration support for the Bear Creek Stables Improvements Project at Bear
Creek Redwoods Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a multi-year professional services contract with
John Northmore Roberts and Associates to provide design and engineering services,
complete construction plans, and provide permitting and construction administration support
for the Bear Creek Stables Improvements Project at Bear Creek Redwoods Open Space
Preserve for a not-to-exceed amount of $770,173.
2. Authorize a 10% contingency of $77,017 to cover potential unforeseen requirements.
3. Authorize a separate contract allowance of $75,000 specifically for additional services
related to geotechnical, fault rupture, and site investigations and additional public meetings
that are above and beyond the current scope of work to avoid potential implementation
delays, for a combined not-to-exceed total contract amount of $922,190.
SUMMARY
The Midpeninsula Regional Open Space District (District) is in need of a qualified consultant
with experience in public access and equestrian site design to provide design and engineering
services, prepare construction plans and documents, and provide permitting and construction
administration support for the Bear Creek Stables Improvements Project (Stables Project) at Bear
Creek Redwoods Open Space Preserve (BCROSP). Based on the results of a Request for
Qualifications and Proposals (RFQP), the General Manager recommends awarding a contract to
John Northmore Roberts and Associates for a total amount not-to-exceed amount of $922,190.
This includes a 10% contingency of $77,017, and a separate contract allowance of $75,000 to be
reserved specifically for additional services related to geotechnical, fault rupture, and site
investigations and additional public meetings that are beyond the current scope of work to avoid
project delays. Sufficient funds for the current fiscal year are included in the Fiscal Year 2016-
17 Budget. Funds for subsequent budget cycles will be included as part of the three-year Capital
Improvement Program, which the Board will review and consider in May 2017.
MEASURE AA
This project is part of Measure AA Expenditure Plan (MAA) Portfolio #21, Bear Creek
Redwoods: Public Recreation and Interpretive Projects, with a total funding allocation of
R-17-42 Page 2
$17.478 Million to, in part, open the Preserve for hiking and equestrian activities; provide
parking areas and trails; and upgrade stables.
DISCUSSION
Implementation of the Stables Project will fulfill the goals of the Board-approved Bear Creek
Stables Site Plan, which are to:
• Emphasize the protection of the site’s natural resources;
• Maximize public benefits by broadening public access and use of the facility, and;
• Develop a viable plan that is financially feasible for both a tenant and the District.
The Stables Project will be implemented in phases. High priority improvements focus on health,
safety and environmental concerns, and include:
• Removal of dilapidated structures
• Stabilization of old stables building
• Hillside restoration
• New livery stables, public area arena, and public restroom
• Safety and drainage improvements to roads, parking, hay barn, manure dump, paddocks,
shelters, and boarder arena
Additional, future, lower priority improvements would be implemented as funding and staff
capacity are made available. These include:
• Replacement of the caretaker house/office and hay barn
• Additional road upgrades, including asphalt roads and parking areas
• New maintenance/storage building and vehicle/horse trailer parking lot
• Restoration of old stables building
• Additional improvements to reconfigure boarder area; additional upgrades to the
paddocks, shelters, arena and round pen; and construction of an additional restroom
The professional services contract reflects the phased implementation shown above. Both high
and low priority improvements will be planned for through the schematic design phases, while
only high priority improvement designs will be fully developed into construction documents for
bidding. This is consistent with the intention of the Bear Creek Stables Site Plan, which is to
create a long-term vision for the site, while only implementing the priority improvements.
A RFQP was released on January 27, 2017, sent to 13 landscape architecture and architecture
firms, and posted on the District website. The following four proposals were received:
FIRM LOCATION FEE PROPOSAL
BFS Monterey, CA $1,138,908
TANNERHECHT San Francisco, CA $815,580
JOHN NORTHMORE ROBERTS Berkeley, CA $770,172
CALLANDER Burlingame, CA $725,339
R-17-42 Page 3
Based on a thorough evaluation of proposals, John Northmore Roberts and Associates (JNRA)
was selected from a competitive group of teams with experience designing park, trails and
equestrian improvements. JNRA was selected for their ecologically-based design approach and
experience balancing public access improvements while maintaining the rustic character at
environmentally sensitive sites.
In addition to selecting a consultant for the Stables Project through the RFQP process, staff
deemed all consultants as qualified for similar types of architectural design work and added
these consultants to a pre-qualification list from which to select for future use for a period of up
to four years, consistent with Board policy 3.03.
Design and permitting of the Stables site improvements will be coordinated with the design of a
new water line connection to the San Jose Water Company main on Bear Creek Road, which is
the subject of a separate Agenda Item at this same meeting.
FISCAL IMPACT
The FY2016-17 Planning Department budget includes $139,500 for the Stables Project (MAA
21-004). There are sufficient funds in the current fiscal year project budget to cover the
recommended action and expenditures through June 30, 2017. Funds for subsequent budgets for
remaining task, construction and monitoring services associated with the multi-year contract will
be included as part of the proposed three-year Capital Improvement Program to be considered by
the Board in May 2017.
FY2016-17 FY2017-18 FY2018-19 FY2019-20
MAA 21-004 Planning Budget $139,000
Spent-to-Date (as of 3/14/17): $0
Encumbrances: $0
Award of Contract for Design Services
for Bear Creek Stables Improvements:
$139,000 $400,000 $300,000 $83,190
Budget Remaining (Proposed): $0
The following table outlines the Measure AA Portfolio 23 budget, costs-to-date, and the fiscal
impact related to the Stables Project (MAA 21-004). This proposed contract serves the portfolio
goal to “upgrade the stables”. This table includes the fiscal of all three Board actions for award
of contract scheduled for the March 22, 2017 meeting.
MAA 21 Portfolio Allocation: $17,478,000
Life-to-Date Spent (as of 3/14/17): $593,183
Total Encumbrances: $188,601
Award of Contract to John Northmore Roberts and Associates (MAA 21-004): $922,190
Award of Contract to Mesiti-Miller (MAA21-005): $132,894
Award of Contract to HydroScience Engineers (MAA21-003): $159,126
Total BCR Projects Budget Balances*: $1,116,295
Balance Remaining (Proposed): $14,365,711
*FY2017 BCR Projects Budgets less the proposed contracts, current encumbrances, and year-to-
to-date expenditures, reflecting current fiscal commitments to other BCR projects this fiscal year.
R-17-42 Page 4
BOARD COMMITTEE REVIEW
The Bear Creek Redwoods Preserve Plan involved extensive Committee and Board review. The
Bear Creek Stables Site Plan, which is embedded in the Bear Creek Redwoods Preserve Plan,
was approved by the Board at the January 25, 2017 meeting (R-17-15).
PUBLIC NOTICE
Public notice of this agenda item was provided as required by the Brown Act.
CEQA COMPLIANCE
The Bear Creek Stables Site Design improvements are identified and included in the Draft and
Final EIR completed for the Preserve Plan, which was certified by the Board at the January 25,
2017 meeting (R-17-15).
NEXT STEPS
Upon Board authorization, the General Manager will direct staff to enter into contract with John
Northmore Roberts and Associates to provide design and engineering services, prepare
construction plans and documents, and provide permitting and construction administration
support for the Stables Project. Board and Committee review will occur throughout the design
process prior to final Board approval of the construction plans. Construction is anticipated to
occur in 2019 and 2020.
Attachment
1. Bear Creek Stables Site Design, Bear Creek Redwoods Preserve Plan, January 2017
Responsible Department Head:
Jane Mark, AICP, Planning Department Manager
Prepared by:
Gretchen Laustsen, Planner III, Planning Department
FIGURE 3-8A Bear Creek Stables Preferred Alternative (A2)
Public Restrooms
Visitor Parking (25 to 40 spaces)
Visitor Facility (Welcome/Learning Center): shelter under existing tree
Farm Animals Barn (in older stables structure)
Horse/Pedestrian Trailhead
Directional/Informational Signage
Road Upgrades
Livery: (10) Stalls + Runs
80x160-ft Outdoor Arena
2.1
2.2
2. Public Access
Offi ce (new building)
Groundskeeper House(new building)
3. Administration
3.11.1
1.2
1.3
1.4
1.5
1.11.6
1.7
1.8
Main Riding Arena
Round Pen
(22) Boarding Shelters + Paddocks (15x30ft)
(40) Boarding Shelters + Paddocks (15x40ft)
Hay Barn
Manure Dump
Maintenance & Storage
Restrooms at Arena
Trailer Parking (2 to 4 full trailer parking + 10 to 12 trailer storage spaces)
1. Horse Stables
2.3
2.4
2.5
2.6
2.7
3.2
2.8
2.9
A2
FIGURE 3-8A Bear Creek Stables Alternative A2
Public Restrooms
Visitor Parking (25 to 40 spaces)
Visitor Facility (Welcome/Learning Center): shelter under existing tree
Farm Animals Barn (in older stables structure)
Horse/Pedestrian Trailhead
Directional/Informational Signage
Road Upgrades
Livery: 10 Stalls + Runs
80’x160’ Outdoor Arena
2.1
2.2
2. Public Access
(new building)
Groundskeeper House(new building)
3. Administration
3.1
1.1
1.2
1.3
1.4
1.5
1.6
1.11.7
1.8
Main Riding Arena
Round Pen
(22) Boarding Shelters +Paddocks (15x30ft)
(40) Boarding Shelters +
Paddocks (15x40ft)
Hay Barn
Manure Dump
Maintenance & Storage
Restrooms at Arena
Trailer Parking (2 to 4 full
trailer parking + 10 to 12
trailer storage spaces)
1. Horse Stables
2.3
2.4
2.5
2.6
2.7
2.8
2.9 3.2
1.1
2.9
1.3
1.3
1.5
1.6
1.7
1.8
1.4
2.1
2.2
2.3
2.4
2.5
2.6
2.7
3.1
3.2
1.3
1.5
2.2
2.6
2.8
potential bypass trail
for boarders to connect
to preserve trail system
trail connection to
preserve trail
system
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03-44 BEAR CREEK REDWOODS OPEN SPACE PRESERVE
preserve plan FINAL JANUARY 2017
200 ftN
LEGEND
Attachment 1
R-17-41
Meeting 17-08
March 22, 2017
AGENDA ITEM 9
AGENDA ITEM
Award Contract with Biosearch Associates for Bear Creek Redwoods Western Pond Turtle
Population Assessment, Monitoring and Adaptive Management Plan
GENERAL MANAGER’S RECOMMENDATIONS
Authorize the General Manager to enter into a contract with Biosearch Associates to assess the
population of western pond turtles, control invasive fauna, and provide monitoring to guide long-
term management actions recommended for implementation at Bear Creek Redwoods Open
Space Preserve in the amount not to exceed of $104,000 over thirty-six consecutive months.
SUMMARY
A pond assessment detailing hydrological and structural assessment of the onsite pond features at
Bear Creek Redwoods Open Space Preserve was completed in February of 2017. The pond
assessment also included an Aquatic Species Management Plan that recommends several
measures to protect and enhance Western Pond Turtle (WPT) habitat, discusses the merits of
controlling invasive aquatic wildlife species (primarily red-eared slider) found within the ponds,
obtain a baseline population estimate and determine habitat use and nesting locations for WPT
on the site. A WPT mitigation plan (under separate contract) is currently in development specific
to the new parking lot and trails proposed adjacent to Upper Lake.
A Request for Proposals and Qualifications was issued on February 8, 2017. A pre-proposal site
tour took place on February 16, 2017 and Proposals were submitted on February 24, 2017. The
proposals were reviewed and ranked by a panel consisting of two Midpen Natural Resources
staff members, The General Manager recommends awarding the contract to Biosearch
Associates (Biosearch) for a not to exceed amount of $104,000 to be expended over a thirty-six
consecutive month survey period for the WPT Population Assessment. Biosearch will provide
monitoring results to guide long-term management recommendations for the WPT population at
the Bear Creek Redwoods Open Space Preserve.
MEASURE AA
This is not a Measure AA project.
DISCUSSION
A Preserve Plan and associated Environmental Impact Report (EIR) for Bear Creek Redwoods
Open Space Preserve was completed in January of 2017 detailing the future of the Preserve (R-
R-17-41 Page 2
17-15). Site improvements detailed in the Preserve Plan are scheduled for implementation
beginning in 2017 in order to prepare the site for public access as early as 2018.
A Pond Assessment detailing hydrological and structural assessment of the onsite pond features
was completed in February of 2017. The Pond Assessment also included an Aquatic Species
Management Plan that recommends several measures to protect and enhance WPT habitat, and
discusses the merits of controlling invasive aquatic wildlife species (primarily red-eared slider)
found within the ponds. A WPT mitigation plan (under separate contract) is currently in
development specific to the new parking lot and trails proposed adjacent to Upper Lake, adjacent
to the former Alma College area.
Services authorized under this contract will complete a western pond turtle population
assessment, provide monitoring, and develop potential adaptive management scenarios and
responses to mitigate impacts of Preserve use and development. Annual monitoring will be
conducted at Upper and Lower Lake for a thirty-six consecutive months to acquire baseline data,
determine if additional upland habitat use studies are needed, and to propose and begin
implementation of a cost-effective long-term monitoring protocol that includes control of an
invasive, non-native species of turtle (red-eared slider) that competes with the native western
pond turtle.
Consultant Selection
A Request for Proposals and Qualifications was issued on February 8, 2017 and was sent to 14
firms in the discipline of biological services as well as posted on the District’s website. A pre-
proposal site tour was held at the project site on February 16, 2017 and was attended by seven
(7) persons from six (6) firms. Two (2) well qualified teams submitted proposals by the February
24, 2017 deadline. The proposals were reviewed and ranked by an internal panel who
recommend awarding the contract to Biosearch Associates, as the most qualified and best suited
for the project based on their response to the RFPQ, proposed approach, examples of past
success with similar projects, and responses to follow up questions during a telephone interview.
FISCAL IMPACT
The contract with Biosearch Associates is a multi-year contract anticipated to not exceed
$104,000 over a period of thirty-six consecutive months. The contract will extend into Fiscal
Year FY2019-20 upon satisfactory execution of services during each preceding year. The
proposed FY2016-17 through FY2019-20 budgets outline the funding for scope of services
associated with this multi-year contract.
Fiscal Year
Exercised
Budgeted
Population Assessment
for WPT
Proposed Expenditures for
Population Assessment
for WPT
Year 1: 16/17 $20,000 $20,000
Year 2: 17/18 $42,000 $42,000
Year 3: 18/19 $22,000 $22,000
Year 4: 19/20 $20,000 $20,000
Total Cost $104,000 $104,000
R-17-41 Page 3
BOARD COMMITTEE REVIEW
Preserve Plan Actions incorporate extensive direction from the District’s Board of Directors and
Planning and Natural Resources Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Additional notice was provided to
neighbors, Bear Creek Redwoods tenants, and other interested parties on March 17, 2017.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act. This project
consists of biological research conducted on District lands. The research study will be conducted
by qualified biological professionals under a study design approved by the California
Department of Fish and Wildlife.
Initiating the research does not constitute a project under the California Environmental Quality
Act (CEQA), as it will not result in a direct or reasonably foreseeable indirect physical change in
the environment [CEQA Guidelines Section 15060(c)(2)]. Any proposed future actions will be
subject to environmental review to be completed at a later date, prior to any physical
implementation.
NEXT STEPS
If approved for award of contract, Biosearch will begin the assessment of the Western pond turtle
population. The first year of fieldwork and monitoring will take place from April to October of
2017. The first year’s monitoring report will be submitted in December of 2017. Fieldwork and
annual reporting will be repeated on an annual basis for subsequent years.
Attachment
1. Map of Project Area.
Responsible Department Head:
Kirk Lenington, Natural Resources
Prepared by:
Matthew Chaney, Resource Management Specialist I, Natural Resources
Graphics:
Nathan Greig, GIS Technician, Planning (GIS)
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Midpeninsula Regional
Open Space District
(MROSD)
March 2017
Western Pond Turtle Population Study Area
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Area of
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Patrol Use Only
Private
Multi-Use
ROADS TRAILS*
Construct New Trail
Improve Existing Road for Increased UsePublic
FEATURES
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!P
*As proposed within the
Bear Creek Redwoods
Preserve Plan, 2017
Attachment 1
R-17-36
Meeting 17-08
March 22, 2017
AGENDA ITEM 10
AGENDA ITEM
Award of Contract with HydroScience Engineers, for the preparation of construction documents,
construction bid process support, and construction oversight for the Fire and Potable Water
System Project at Bear Creek Redwoods Open Space Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a multi-year professional services contract with
HydroScience Engineers, to prepare construction documents, support the construction bid
process, and provide technical construction oversight for the Fire and Potable Water System
Project at Bear Creek Redwoods Open Space Preserve for a not-to-exceed amount of
$138,370.
2. Authorize a 15% contingency of $20,756 to cover potential unforeseen requirements, for a
not-to-exceed total contract amount of $159,126.
SUMMARY
The District is in need of a qualified consultant with experience in fire and potable water system
design for a new water system at Bear Creek Redwoods Open Space Preserve (Preserve) to
support improvements at Bear Creek Stables. Consultant support is needed to coordinate with
San Jose Water Company, secure permits and a water service connection, complete construction
documents, assist the District during the contractor bid process, and provide construction
oversight during implementation. Based on the results of a Request for Qualifications and
Proposals (RFQP) and subsequent interviews with four (4) consultant teams, the General
Manager recommends awarding a contract to HydroScience Engineers for a total amount not-to-
exceed $159,126, which includes a 15% contingency in the amount of $20,756. Sufficient funds
are included in the Fiscal Year 2016-17 Budget to carry work through June 30. Funds for
subsequent budget cycles will be included as part of the three-year Capital Improvement
Program, which the Board will review and consider in May 2017.
MEASURE AA
A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting
and includes Project #21-003 (Bear Creek Redwoods Water Infrastructure Improvements). This
proposed contract serves the goals of MAA #21-003 by completing necessary documents for
permits, bidding, and construction of a new fire and potable water system by a contractor. It also
includes technical oversight during construction.
R-17-36 Page 2
DISCUSSION
The goal of the Water System Project (Project) is to provide a new reliable water system that will
serve future improvements at Bear Creek Stables. The District received a Will Serve letter from
San Jose Water Company (SJWC) on May 6, 2016, granting permission for the District to
connect to an existing 6-inch water service line on Bear Creek Road. To proceed with the next
phase of design, an RFQP was prepared in January 2017. The table below notes the results of
the RFQP process:
RFQP Process:
Date
1/20/17 Request for qualifications and proposals emailed to consultants list and
posted on District website.
2/3/17 Pre-proposal onsite job walk attended by 12 consultants
2/24/17 Proposals received from 8 consultant teams
3/7/17 Interviews held for the 4 finalists
3/22/17 Recommended Board award of contract to HydroScience Engineers
This recommended contract with HydroScience Engineers divides the work into two phases:
Phase 1 – Coordinate with SJWC and submit required documents to secure all permits and
approvals for the installation of a water line from the SJWC main on Bear Creek Road to the
District’s water meter.
Phase 2 – Develop construction documents, including plans, specifications, and cost estimates,
for the water distribution system; provide bidding assistance; provide construction design
oversight; and prepare as-built plans.
If approved by the Board, Phase 1 of the project is anticipated to be complete by Summer 2017.
Phase 2 will require coordination with the Bear Creek Redwoods Stables Improvements Project
and construction is anticipated to begin in 2018.
FISCAL IMPACT
The District’s FY2016-17 Budget and Action Plan includes $367,500 in the Engineering and
Construction Department budget for the Bear Creek Redwoods Water System project (MAA 21-
003). The allocated budget is sufficient to fund the project in FY 2016-17. Funds for subsequent
budgets for construction and monitoring services will be included as part of the proposed three-
year Capital Improvement Program to be considered by the Board in May 2017.
FY2016-17 FY2017-18 FY2018-19
MAA 21-003 BCR Water Infrastructure
Improvements (E&C Budget)
$367,500
Spent to Date (as of 3/9/2017): $0
Encumbrances: $0
HydroScience Engineers Contract: $34,720 $97,610 $26,796
Budget Remaining (Proposed): $332,780
The following table outlines the Measure AA Portfolio budget, costs to date, and the fiscal
R-17-36 Page 3
impact related to the MAA 21-003 Bear Creek Water Infrastructure Improvements project. This
table includes the impact of all three Board actions for award of contract scheduled for the March
22, 2017 meeting.
MAA 21 Portfolio Allocation: $17,478,000
Life-to-Date Spent (as of 3/14/17): $593,183
Total Encumbrances: $188,601
Award of Contract to John Northmore Roberts and Associates (MAA 21-004): $922,190
Award of Contract to Mesiti-Miller (MAA21-005): $132,894
Award of Contract to HydroScience Engineers (MAA21-003): $159,126
Total BCR Projects Budget Balances*: $1,116,295
Balance Remaining (Proposed): $14,365,711
*FY2017 BCR Projects Budgets less the proposed contracts, current encumbrances, and year-to-
to-date expenditures, reflecting current fiscal commitments to other BCR projects this fiscal year.
BOARD COMMITTEE REVIEW
The Bear Creek Redwoods Preserve Plan (Preserve Plan), which identifies the Fire and Potable
Water System as one of the implementation items, involved extensive Committee and Board
review. The Board approved the Preserve Plan at the January 25, 2017 meeting (R-17-15).
PUBLIC NOTICE
Public notice of this Agenda Item was provided as required by the Brown Act.
CEQA COMPLIANCE
The Board certified the Draft and Final EIR for the Preserve Plan at the January 25, 2017
meeting (R-17-15). The Preserve Plan identifies the Fire and Potable Water System as one of the
implementation items.
NEXT STEPS
Upon Board authorization, the General Manager will direct staff to enter into contract with
HydroScience Engineers to complete construction documents, provide bid assistance, and
provide construction observation and oversight for the Fire and Potable Water System Project.
This water system project is anticipated to be constructed in 2017 and 2018.
Award of construction contract will come back to the Board for review and approval at a future
date.
Attachment
1. Map showing the Construction Phasing of the Fire and Potable Water System Project
Responsible Department Head:
Jason Lin, Engineering and Construction Department Manager
Prepared by:
Dale Grogan, Capital Project Manager, Engineering and Construction Department
Bear
Creek
Stables!@
BEAR CREEK
REDWOODS
OPEN SPACE
PRESERVE
SIERRA AZUL
OPEN SPACE
PRESERVE
Midpeninsula Regional
Open Space District
(MROSD)
March 2017
Attachment 1 - Construction Phasing of the Fire and Potable Water System Project at Bear Creek Redwoods OSP
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
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R-17-19
Meeting 17-08
March 22, 2017
AGENDA ITEM 11
AGENDA ITEM
Partnership Agreement with the Student Conservation Association to Provide Geographic
Information System Services
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to execute a partnership agreement with the Student
Conservation Association for a not-to-exceed amount of $57,183 and include this funding in the
FY2017-18 budget.
SUMMARY
The Student Conservation Association (SCA) has proposed a partnership agreement to provide
Geographic Information System (GIS) services to the District. The services would consist of
field mapping of natural features and infrastructure such as invasive non-native vegetation,
bridges, culverts, and similar infrastructure. This project will employ local students from under-
served communities, who would be provided with technological training and job-skills
development by two SCA staff members, while doing work that is of value to the District. The
agreement is for a not-to-exceed amount of $57,183. Since work will not begin until July 2017,
this funding will be included in the FY2017-18 budget. SCA fundraising has the potential to
offset this amount by up to $10,000.
DISCUSSION
The SCA is a nation-wide program that provides young people with the opportunity to work in
natural environments and promotes an ethos of stewardship of natural areas. Last year the
program provided over 1.5 million service hours nationwide in mutually beneficial
collaborations with government agencies.
In the proposed partnership agreement, the SCA would employ eight to ten students from
underserved communities who would be trained to use Geographic Positioning System (GPS)
tools to map a variety of natural features and District infrastructure items such as non-native
vegetation, bridges, culverts, and more. The students would be supervised by two SCA staff
members and would be transported in SCA vehicles. The SCA would take full responsibility for
managing the students. The project is anticipated to last for five weeks, with an anticipated start
date of July 10, 2017. However, SCA student recruitment and planning for the project will begin
spring 2017. Costs include a stipend for student participants, transportation expenses, project
supplies and equipment, SCA uniform shirts, and wages for the field leaders.
R-17-19 Page 2
The data collected by the students would be entered into the District’s GIS system to allow for
easier and more efficient location and inventory of the items. The students would have the
opportunity to work with District staff to learn more about GIS skills and technology. District
staff would work with SCA staff to identify areas that need to be mapped.
An additional benefit to this program would be to expose students to careers in the park and open
space management field, and to encourage the students to obtain the education necessary to
apply successfully for jobs in the future.
FISCAL IMPACT
If the Board approves the partnership agreement and approves the funding as part of the
FY2017-18 budget, then a not-to-exceed amount of $57,183 will be expended to execute this
agreement. The SCA may be able to offset some of this funding with their own fundraising
efforts; however, it is recommended that the full amount be budgeted in the event that the SCA is
unable to secure grant funding.
BOARD COMMITTEE REVIEW
The SCA agreement was not reviewed by Committee; however, the Legislative, Funding, and
Public Affairs Committee will review the FY2017-18 proposed budget, which will include the
funding for this agreement.
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
If approved, the Partner Agreement with the SCA will be executed and $57,183 included in the
FY 2017-18 budget.
Responsible Department Head:
Michael Newburn, Visitor Services Manager
Prepared by:
Gordon Baillie, Visitor Services Management Analyst II
Paul McKowan, Volunteer Program Manager
Contact person:
Paul McKowan, Volunteer Program Manager
R-17-38
Meeting 17-08
March 22, 2017
AGENDA ITEM 12
AGENDA ITEM
Proposed purchase of the West Valley Charter Lines Property as a potential new South Area
Field Office, located at 240 Cristich Lane, Campbell, CA, Santa Clara County (Assessor’s Parcel
Number 412-32-014)
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the purchase and sale agreement for the West Valley Charter
Lines property at a cost of $3,150,000.
3. Authorize the use of the General Fund Committed Infrastructure Reserve in the amount of
$2,900,000, plus a purchase deposit of $250,000 covered by the FY2016-17 Real Property
General Fund Capital budget.
SUMMARY
The Midpeninsula Regional Open Space District (District) has a rare opportunity to purchase an
industrial property in the City of Campbell that has the capacity to serve as a new South Area
Field Office. Board authorization to utilize the General Fund Committed Infrastructure Reserve
will provide necessary funding to proceed with the property purchase. Per the District Fund
Balance Policy, the General Fund Committed Infrastructure Reserve may be utilized for the
expansion of field and office facilities. The following report presents a description of the
Property, the District’s environmental review, purchase terms, and financial considerations.
MEASURE AA
This is not a Measure AA project.
DISCUSSION
Over the last several years, the District has evaluated its two main field offices in response to
increasing operational and maintenance needs and challenges. In response to the successful
passage of Measure AA in June 2014 and staffing recommendations from the 2015 Financial
Operational Sustainability Model (FOSM), the District has seen a considerable increase in staff
to accelerate project delivery, expand service delivery, and properly manage new public access
facilities and open space preserves. The staff increase and the operational needs resulting from
the opening of Mount Umunhum at Sierra Azul Open Space Preserve and the near term opening
R-17-38 Page 2
of the Bear Creek Redwoods Open Space Preserve have warranted a larger, more functional field
office located in the southern area of the District. The property for consideration is improved
with a 5,600 square foot metal “butler style” building on a 29,480 square foot lot. The Land and
Facilities, Visitor Services, Planning and Real Property Departments have inspected the property
and confirmed that the available space, industrial zoning, and strategic location meet District
needs. Staff quickly moved on bringing this rare opportunity before the Board for purchase
consideration. The property is located just outside the District boundary, as there is no industrial
space within the town of Los Gatos (the southernmost city within the District) and this is the next
closest industrial area where the zoning can accommodate a field office/maintenance yard.
Site Advantages
1. Central location offers great access and reduced travel time to South Area Preserves:
Sierra Azul, El Sereno, St Joseph’s Hill and Bear Creek Redwoods.
2. Close proximity to where many District employees live.
3. Expedites new facility compared to developing on District open space lands.
4. Does not require the development of existing open space.
5. Estimated to be less costly than new development.
6. Municipal utility services and infrastructure are already available at the site.
7. Expansion potential exists, when needed, if adjacent private properties come up for sale.
8. Location can be accessed using multiple modes of transportation.
9. Offers opportunity for satellite office space for administrative staff.
Site Disadvantages
1. Conditional Use Permit is required to use the site as a field office/maintenance yard.
2. Need to adapt to existing footprint.
3. Building interior needs a to be redesigned and reconstructed to meet the District’s
planned uses.
4. Lot size may not work for the District’s largest equipment.
5. Unable to hold District public meetings as the site is outside of District boundaries.
Background
Originally, for the South Area Field Office (SAO) Project, Planning had been investigating the
feasibility of developing District land at the intersection of Hicks and Pheasant Roads in the
Sierra Azul Open Space Preserve. Early investigations identified a number of complications,
including: sloping topography; archaeological, drainage and cultural resource constraints; the
need for new and expensive utility infrastructure (high-speed fiber internet $483,873, water,
sewer, electricity); zoning limitations; potential neighbor opposition; and extended time and
complexity for the environmental review, permitting, and construction. Given the multitude of
issues, Planning and Real Property reevaluated the approach and identified a different viable
option. As a result, on December 13, 2016, the General Manager recommended to the Facilities
Ad Hoc Committee that staff explore opportunities to purchase a suitable developed property for
the SAO site. Given the lack of industrial areas in Los Gatos and nearby south area communities
within the District, the General Manager recommended that this search extend to the adjacent
Cities of Campbell and San Jose, which lie outside the District boundary. The District is
empowered under Public Resources Code section 5540 to purchase property “within or without”
the District’s boundaries.
After receiving Committee support, Real Property notified the real estate broker Colliers
International of our property interest, provided specific parameters, and asked them to notify us
R-17-38 Page 3
of any new or upcoming opportunities. To date, Colliers has identified three properties. Two of
the properties where eliminated from consideration for a number of reasons (zoning,
environmental contamination issues, high price, and size). The third property was brought to our
attention in early February. After a quick office review, staff jumped on this opportunity before
the property was exposed to the open market and was able to tour the site on February 11, 2017.
At this tour, staff determined that the site could meet our needs. Staff then proceeded to bring
this property back to the Facilities Ad Hoc Committee on February 16, 2017 for consideration.
The Facility Ad Hoc Committee recommended forwarding the potential purchase to the full
Board to consider its approval.
This property presents a rare opportunity to purchase an industrial building. Only 14 industrial
parcels exist within the entire City of Campbell that could meet District requirements. Industrial
space in the West Valley is very limited and in Campbell there is only 72,996 square feet of
existing industrial space. Industrial buildings do not come up for sale very often. Regarding the
market, the current vacancy rate for industrial space in Silicon Valley is 2.8% (4th Quarter 2016)
and there is very little to no new industrial product being constructed in the West Valley.
Property Description and Regional Context (see attached map)
The 5,600 square foot building, constructed in 1960, is split at approximately 60% office space
and 40% shop space. The office space within the building is in fair to poor condition and should
be redesigned and reconstructed to better meet our needs. The lot itself is 29,490 square feet with
a near zero setback for the existing building, which makes the open yard area very usable. The
shop space is accessed via two 14-foot grade level rolling doors and is in fair condition. Cristich
Lane is a private street with nine street parking spaces in front of the property. There is a 10,000
gallon underground diesel tank on the site that was installed in 1998 (this tank replaced an old
tank and the owner secured regulatory closure for the old tank). This tank would offer utility to
the District for its larger trucks and tractors. The site is improved with a storm water catchment
system that was installed in 1992.
The property is located near the terminus of Cristich Lane. The adjacent property uses are
industrial. The neighborhood is bounded to the north by Campbell Technology Parkway, to the
south by E. McGlincy Lane, to the west by Highway 17, and to the east by Santa Clara Valley
Water District (SCVWD) percolation ponds. Edith Morely Park is located northeast of the site
and there are trails from this park that allow public access to the SCVWD percolation ponds.
The site has great access to the District’s Sierra Azul, St. Joseph’s Hill, and El Sereno Open
Space Preserves via surface streets. Bear Creek Redwoods Open Space Preserve is easily
accessed via Highway 17. The property is located in close proximity to Highway 17 and
Highway 85.
Land Use and Improvements
The property is located within the City of Campbell’s light industrial zoning area and zoned M1
(Light Industrial), which is the ideal zoning that the District needs for a field office/maintenance
yard use. Uses such as Government offices, maintenance facilities, and equipment and material
storage yards are allowable within this designation with a Conditional Use Permit (CUP).
Based on preliminary discussions with the City, it appears that the District would need to secure
a CUP to establish a maintenance facility with a storage yard. Office, truck terminal and
warehouse uses would not require a CUP under this zoning designation. The need for a CUP
would be confirmed during the due diligence period.
R-17-38 Page 4
USE AND MANAGEMENT
Not applicable
CEQA COMPLIANCE
Project Description
The project consists of the purchase of a 29,490 square foot property, located at 240 Cristich
Lane in the City of Campbell. The property has a City of Campbell General Plan designation of
Light Industrial, with a zoning designation of M-1 (Light Industrial).
The District is considering this purchase to provide the District with the opportunity to address
long-term needs for a southerly field office and maintenance yard. For purposes of compliance
with the California Environmental Quality Act (CEQA), the project is limited to the transfer of
ownership at this time. Any activities such as remodeling or change in use of the property is
subject to as-yet unprepared planning and design work. Such work will be evaluated for CEQA
as the project description takes shape. This approval to pursue acquisition of the site will result in
no direct or indirect changes to the environment triggering CEQA.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections
15061 as follows:
Section 15061(b)(3) exempts projects where it can be seen with certainty that there is no
possibility the activities may have a significant effect on the environment. The project is limited
to the transfer of ownership. No plans for the occupancy of the property or redevelopment of
this site have been developed. Any future redevelopment of the site would be subject to a
separate review for compliance with CEQA and approval by the District and the City of
Campbell.
TERMS AND CONDITIONS
The purchase price and terms are as follows:
• Purchase Price: $3,150,000
• Deposit: Initial deposit of $50,000 (tied to 40-day contingency below and becomes non-
refundable after first contingency is released) increased by $200,000 to a total of
$250,000 after first contingency is released (tied to 140-day contingency extension for
the CUP and becomes non-refundable after second contingency is released)
• Contingency periods: 40 days (for general conditions, i.e. environmental, title, etc.) plus a
140-day extension for a CUP (if required)
• Closing costs: As customary in Santa Clara County (seller pays but District will cover the
costs of an extended ALTA title policy)
• Commission: 5% of purchase price to Colliers International (seller pays)
• Lease back: six months with two (3) month extensions.
The purchase price is regarded as fair market value for the site. This site in particular has a large
yard area, which is advantageous to the District and is rare in the market. The purchase price of
R-17-38 Page 5
this property is $106 per square foot based on the land. This property falls within the comparable
sales range of $82 to $112 per square foot of land for like properties in Campbell.
The seller has requested a leaseback provision so that he may remove all personal property from
the site. Under the leaseback option, the seller would pay the District $10,000 a month NNN
(tenant pays all expenses) with $2,500 rent increases if the three-month extensions are needed.
The seller would provide a $20,000 security deposit to the District for compliance with all lease
terms, including the removal of all personal property to the District’s standards.
FISCAL IMPACT
The total property purchase amount is $3,150,000. If the purchase of the Subject Property is
approved, it is requested that the Board authorize the use of the General Fund Committed
Infrastructure Reserve. The fiscal impact to the General Fund Committed Infrastructure Reserve
will be $2,900,000. The total deposits of $250,000 will be covered by the FY2016-17 Real
Property option/deposit capital budget (Fund 40 – General Fund).
West Valley Charter Line Property Purchase Amount $3,150,000
Total Land purchases approved to date for FY 2016-2017 $2,389,000
Total Land Purchases (if approved) $5,539,000
It is estimated that approximately $135,000 in funds will be needed for the due diligence and
CUP application associated with this purchase. The cost estimates include the following:
Architect for CUP application and basic design drawings, $50,000; Phase 1 and Phase 2
environmental study, $30,000; ALTA (American Land Title Association) and topographic
survey, $25,000; extended coverage ALTA title policy, $10,000; and contingency, $20,000.
There are sufficient funds in the Real Property and Planning budgets to cover these costs.
If purchased, additional funds for site improvements and office redesign will need to be
allocated. It is difficult to budget for these costs now but they may exceed $1,000,000. If we
close escrow, the work would include planning, designing and permitting the improvements
while the seller is leasing back the site. Under this scenario, work could begin as soon as March
2018 (dependent on the leaseback term), with a proposed budget included in FY2017/18 of the
proposed three-year CIP to be considered by the Board in May 2017.
The District Controller has reviewed the financial viability of the proposed purchase, found that
it is consistent with the District’s long-term financial model and infrastructure reserves, and has
approved the purchase.
BOARD COMMITTEE REVIEW
The Facilities Ad Hoc Committee reviewed this item on February 16, 2017.
PUBLIC NOTICE
All notice required by the Brown Act has been provided.
R-17-38 Page 6
NEXT STEPS
Upon approval by the Board of Directors, staff would proceed with due diligence investigations
and begin working on site plans for a CUP application (if needed). After the close of escrow,
staff would begin planning the site improvements and design plans.
Attachments:
1. Resolution Authorizing Acceptance of Purchase and Sale Agreement, Authorizing
use of the General Fund Committed Infrastructure Reserve, Authorizing General
Manager or Other Officer to Execute Certificate of Acceptance of Grant to District,
Authorizing General Manager to Execute any and all Other Documents Necessary
or Appropriate to Closing of the Transaction.
2. Location Maps
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent
Tina Hugg, Senior Planner
Contact person:
Allen Ishibashi, Senior Real Property Agent
Graphics prepared by:
Jaime Hawk, GIS Data Analyst I
Nathan Greig, GIS Technician
Attachment 1
Resolutions/2017/R-1-__240CristichLanePurchase 1
RESOLUTION 17-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF PURCHASE AND SALE AGREEMENT, AUTHORIZING USE OF THE
GENERAL FUND COMITTED INFRASTRUCTURE RESERVE, AUTHORIZING GENERAL MANAGER OR OTHER APPROPRIATE OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT
TO DISTRICT, AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE
TO CLOSING OF THE TRANSACTION (240 CRISTICH LANE,
CAMPBELL, CA), AND AMEND THE BUDGET FOR FISCAL YEAR 2016-17.
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
between West Valley Charter Lines, Incorporated, a California corporation, and the
Midpeninsula Regional Open Space District, a copy of which purchase and settlement agreement
is attached hereto and by reference made a part hereof, and authorizes the President of the Board
of Directors, General Manager, or other appropriate officer to execute the Agreement and all
related transactional documents on behalf of the District to acquire the real property described
therein (“Subject Property”).
SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space
District authorizes the expenditure of $3,150,000.00 covering the purchase of the Subject
Property, including a deposit of $250,000.00.
SECTION THREE. The Board of Directors of Midpeninsula Regional Open Space
District authorizes the use of the General Fund Committed Infrastructure Reserve in the amount
of $2,900,000.00.
SECTION FOUR. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on
behalf of the District.
SECTION FIVE. The General Manager or the General Manager’s designee is
authorized to provide notice of acceptance to the seller, sign all escrow documents and to extend
escrow if necessary.
SECTION SIX. The General Manager or the General Manager’s designee is authorized
to expend up to $135,000.00 to cover the cost of title insurance, escrow fees, consultants and
other miscellaneous costs related to this transaction.
SECTION SEVEN. The General Manager and General Counsel are further authorized
to approve any technical revisions to the attached Agreement and documents, which do not
involve any material change to any term of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
Attachment 1
Resolutions/2017/R-1-__240CristichLanePurchase 2
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ________, 2017, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
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.
District Clerk
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R-17-40
Meeting 17-08
March 22, 2017
AGENDA ITEM 13
AGENDA ITEM
Cooley Landing Park Partnership with City of East Palo Alto
GENERAL MANAGER’S RECOMMENDATIONS
Approve the following two recommendations from the Diversity Ad Hoc Committee:
1. Allocate Measure AA funds to cover the costs for design, permitting, and construction of six
Cooley Landing Vision Plan elements, including the costs for an outside project manager, if
needed, to complete the work by June 30, 2019 for an amount not to exceed $1.25 Million.
2. Allocate District General Funds for consultant costs to develop a business and operating plan
for Cooley Landing Park (includes the Education Center) working jointly with the City of
East Palo Alto for an amount not to exceed $200,000.
In addition, the General Manager recommends the following:
3. Authorize the General Manager to enter into a funding agreement with the City of East Palo
Alto, providing $217,148 to fund the design of six Cooley Landing Vision Plan elements as
the first step of implementation, as described under Recommendation #1 above.
SUMMARY
The Cooley Landing Park is partially complete. The City of East Palo Alto (City) is seeking
District funding support to complete additional key elements of the Cooley Landing Vision Plan,
including three elements that are required to close a $5 Million grant, which funded a major
portion of the existing public access improvements. The Diversity Ad Hoc Committee
unanimously recommends allocating Measure AA funds to complete six additional capital
improvements to increase the park’s functionality and public benefit. Work is expected to begin
quickly as the City is preparing to amend a contract with their landscape design firm to proceed
with design of the remaining elements for an amount of $217,148, which would be part of the
recommended funding contribution. In addition, a majority of the Committee also recommends
allocating General Funds to work collaboratively with the City to develop a business and
operating plan for the park to guide its long-term management and safeguard its long-term
success. The Fiscal Year 2016-17 Budget includes sufficient funds for the current fiscal year.
Funds for subsequent budget cycles would be included as part of the annual operating budget and
three-year Capital Improvement Program, which the Board will review and consider in May
2017.
R-17-40 Page 2
MEASURE AA
A 5-year Measure AA Project List was approved by the Board at their October 29, 2014 meeting
and includes Project #2 Cooley Landing – Interpretive Facilities and Infrastructure. The Cooley
Landing Park Project serves the goals of Measure AA Portfolio #2 by partnering to develop city-
to-bay trails and supporting associated bayfront interpretive facilities.
BACKGROUND
The City has been working since 2004 to transform Cooley Landing Peninsula from a
brownfield, as former toxic dumpsite, into a vibrant bayfront nature park for the surrounding
community (Attachment 1). The 9-acre Cooley Landing Park, which is the only bayfront
property within City boundaries, is increasing the City’s prior 16 acres of parkland (0.5
acres/1000 persons) by 72% (to 0.85 acres per 1000 persons), moving toward the State of
California's goal of 3 acres/1000 persons. Given the high benefit of the park project in a
community that is in need of additional park space, this project has received extensive funding
support from numerous entities (Attachment 2).
Demonstrating the District’s support for the project, the Board of Directors adopted a
Comprehensive Use and Management Amendment for the Ravenswood Open Space Preserve on
February 24, 2010 to designate District property on the Cooley Peninsula as part of the “Cooley
Landing Area” (Report 10-29). At this same meeting, the Board authorized execution of a
Partnership Agreement with the City in support of the park project. On July 14, 2010, the Board
received a presentation of the City’s Cooley Landing Vision Plan (Cooley Plan), and expressed
support for using the Cooley Plan as the project description to conduct the required
environmental review. The Cooley Plan identifies numerous new public access facilities,
including trails, picnic areas, and viewing areas, divided into six phases to allow for incremental
implementation based on funding and the annual short construction window to protect special
status species (Attachment 3). Consistent with the Cooley Plan, the City has fully completed
Phase I and most elements of Phases II and III as follows:
Phase I Site remediation, demolition and cleanup, grading, revegetation, underground
utilities, and main trail loop
Phase II Access road paving, expansion and paving of Preserve parking lot, additional
underground utilities, and improvements to the Preserve trail along access road
Phase III Education Center with indoor restroom, entry plaza, extension of access road,
parking and turnaround paving at the drop-off circle, overflow parking area, and
utility connections
DISCUSSION
The City secured a $5 Million California State Parks (State Parks) Proposition 84 grant in March
of 2012. At the time of award, the grant was set to fund all elements of Phases I through V.
Unfortunately, due to higher than expected design and construction costs, the City expended all
funds prior to fully completing Phases II and III, or initiating Phases IV and V, thus not meeting
the grant requirements. Lacking funds to complete the remaining capital improvements, the City
reached out to the District for assistance (Attachment 4). In addition, the City negotiated with
State Parks to eliminate elements from Phases IV and V to reduce the remaining costs to close
the grant and release the $1 Million retention that State Parks is withholding for work completed
R-17-40 Page 3
to date. Based on negotiations with State Parks, the City is now only required to complete the
following Phase IV and V elements by June 30, 2019. Preliminary costs for these elements
range between $750,000 and $1 Million.
• New freestanding restroom building
• Outdoor classroom area
• Motion-sensor lighting along access road, drop-off circle, building, and entry plaza
There are three additional outstanding elements from the Cooley Plan, which the grant no longer
requires, yet very closely align with the District’s mission. These elements would enhance the
low-intensity recreational and nature experience at Cooley Landing, and provide an extended
bayfront experience for visitors of the surrounding open space lands, including Ravenswood
Open Space Preserve. Preliminary costs for these elements range between $150,000 and
$250,000.
• Path around Education Center to complete a trail loop through the site
• Secondary unpaved trails
• New/relocated sign at entry (existing one is blocked by large transformer and bollards)
District staff met with City staff to discuss the funding shortfall as well as programming needs
for the Nature Education Center. Given the critical funding gap to complete Cooley Landing
Park and the active Partnership Agreement between the District and City in support of the
project, two goals and two objectives of the Diversity Ad Hoc Committee (Committee) focus on
Cooley Landing, partnerships, and diversity. The full Board of Directors reviewed these goals
and objectives at the special meeting of November 1, 2016:
Goal 1: Promote the District and its interpretive programs through collaborative partnerships
with diverse community organizations.
Obj. 2: Explore potential partnership scenarios to support the long-term
management and/or programming of the Cooley Landing Education Center;
focus on scenarios that provide “next generation” bayfront community
services and benefits.
Goal 4: Expand existing partnerships and enter into new, non-traditional partnerships to
complete projects and improve programs that serve a diverse community.
Obj. 1: Define the District’s role in completing Cooley Landing Park and in
ensuring the success of the Cooley Landing Education Center.
Consistent with the Committee’s charge, staff worked closely with the Committee to clarify the
District’s recommended role at Cooley Landing. This clarification will guide the use of District
resources, including staff time and funding, as it relates to Cooley Landing Park. As part of this
work, the Committee evaluated funding opportunities using Measure AA funds.
Available Measure AA Funds for Cooley Landing Park
Measure AA (MAA) allocates $5.052 Million under Portfolio #02, Regional: Bayfront Habitat
Protection and Public Access Partnerships. Portfolio #02 seeks to “partner to complete gaps in
the Bay Trail and develop city-to-bay trails. Support wetland restoration and associated
interpretive facilities. Preserve additional bayfront open space”. Active projects that are eligible
for MAA Portfolio #02 funding are the Ravenswood Bay Trail Connection Project (Bay Trail
R-17-40 Page 4
Project) and a Native Planting Project at Cooley Landing. The total design and construction cost
for both items is estimated at $2.5 million.
Conceptual trail planning for the Bay Trail Project is funded in part by a grant of $40,000 from
the Association of Bay Area Governments. The Bay Trail Project is also receiving a County of
San Mateo Measure K grant (formerly Measure A) of $1 Million and a County of Santa Clara
grant of $400,000 for design, permitting, and construction. This leaves a deficit of
approximately $1.06 Million to be funded by either MAA, additional outside grants, or a
combination of both. Assuming MAA funds the remaining deficit, approximately $4 Million
would remain unspent under MAA Portfolio #02 that can be allocated to fund improvements at
Cooley Landing Park. Of note, District records indicate that Measure AA received high voter
support in East Palo Alto, passing by 72.3% of the total citywide voter count.
Diversity Ad Hoc Committee Recommendations
Based on a review of the current project status, funding shortfall, and available Measure AA
funds, the Committee has forwarded a split recommendation to the full Board:
Majority Recommendation #1 (vote 3-0):
Allocate Measure AA funds to cover the costs for design, permitting, and construction of the six
elements listed above, including the costs for an outside project manager, if needed, to complete
the work by June 30, 2019 for an amount not-to-exceed $1.25 Million. Note: all costs listed
under this recommendation are eligible for Measure AA reimbursement.
Minority Recommendation #2 (vote 2-1):
Allocate General Funds to cover consultant costs to develop a business and operating plan for
Cooley Landing Park (including the Education Center), working jointly with the City of East
Palo Alto, for an amount not-to-exceed $250,000. Note: costs to develop a business/operational
plan is not eligible for Measure AA reimbursement.
Recommendation #1 would fulfill the Prop 84 grant requirements and significantly expand the
recreational opportunities at Cooley Landing for the benefit of park users, and Preserve visitors
who will likely use the park to enhance their bayfront experience. Recommendation #2, which
was raised in discussions between District staff and City staff, would provide the City with a
useful roadmap on how best to manage and maintain the park in the long-term, and identify
existing and potential new funding sources to keep the park operating as envisioned. The
business and operating plan would also address the long-term use and management of the
Education Center, which is currently on a short-term lease to Palo Alto through April.
City’s Next Steps
The City is working at this time to amend an existing contract with a landscape architecture firm
to complete the design and construction plans, and assist with supplemental permitting, the
bidding process, and construction administration during onsite implementation. This contract
amendment will be for $217,148 and include the six elements listed above, as well as additional
elements from Phases II through V that the City hopes to implement, pending other future
funding sources. If Recommendation #1 above is approved by the Board, District funds can be
allocated to fund a portion or the entirety of the design and construction services contract, if
deemed necessary, to move the project forward, as these costs are also Measure AA
reimbursable.
R-17-40 Page 5
FISCAL IMPACT
The FY2016-17 Planning Department budget includes $180,000 for the Cooley Landing
Interpretive Facilities Design and Implementation (MAA 02-001). There are sufficient funds in
the current fiscal year project budget to cover the Cooley Landing Vision Plan implementation.
Future fiscal year budgets would include funds to complete the capital improvements and
business/operational plan.
FY16-17 FY17-18 FY18-19 Total
MAA 02-002 Planning Budget $180,000
Spent-to-Date (as of 3/13/17): $12,806
Encumbrances: $22,194
Native Planting Project: $30,000 $25,000 $55,000
Cooley Landing Vision Plan Implementation: $38,330 $366,702 $844,968 $1,250,000
MAA Budget Remaining (Proposed): $106,670
Cooley Landing General Fund Operating
Budget (Proposed):
Cooley Landing Park Business/Operating Plan: $200,000 $200,000
The following table outlines the Measure AA Portfolio 02 budget, costs-to-date, and the fiscal
impact related to the Cooley Landing Project (MAA 02-001). This proposed capital
improvement work serves to “develop city-to-bay trails. Support…. associated interpretive
facilities”.
MAA #02 Portfolio Allocation: $5,052,000
Life-to-Date Spent (as of 3/13/17): $199,280
Encumbrances: $142,967
Future Cost for Native Planting Project at Cooley Landing: $55,000
Cooley Landing Vision Plan Implementation: $1,250,000
MAA #02 Balance Remaining (Proposed): $3,404,753
BOARD COMMITTEE REVIEW
The Diversity Ad Hoc Committee met on December 9, 2016 meeting to discuss this item in
detail and finalize their recommendations for Board consideration.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. The City also received notice of this
item.
CEQA COMPLIANCE
On July 27, 2011, the Board of Directors concurred as a Responsible Agency with the findings
made by the City on the Mitigated Negative Declaration (MND) and Mitigation Monitoring and
Reporting Plan (MMRP) that was prepared for the Cooley Landing Vision Plan and certified on
R-17-40 Page 6
February 15, 2011. The recommended actions that are part of this Agenda Item are consistent
with the MND and MMRP.
NEXT STEPS
If approved by the Board, the General Manager will direct staff to work closely with the City to
amend the Partnership Agreement and establish the mechanism to provide funding support for
the design, permitting, and implementation of the Cooley Landing Vision Plan elements as
described in this report. Also, if approved, staff will work with the City to lay out the next steps
for developing and funding a business and operations plan for the park.
Attachment(s)
1. Location of Cooley Landing Park and adjacent Ravenswood Open Space Preserve
2. Prior Outside Funding Support Granted for the Cooley Landing Park Project
3. Cooley Landing Vision Plan - Phasing Plan
4. October 13, 2016 Letter from City Manager Carlos Martinez to General Manager Steve
Abbors regarding Cooley Landing Park
Responsible Department Head:
Stephen E. Abbors, General Manager
Prepared by:
Ana Ruiz, AICP, Assistant Manager – Planning and Project Delivery
Graphics prepared by:
Jamie Hawk, Data Analyst I
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Attachment 2
Prior Outside Funding Support Granted for the Cooley Landing Park Project
+$2M Packard Foundation for the land, interim maintenance and security, and project
management assistance
$40k Nature Restoration Trust program supported by the National Fish and Wildlife
Foundation and PG&E
$800K Environmental Protection Agency Brownfields Grant Program
$244,649 Coastal Conservancy for construction of a Bay Trail spur
$5M California Department of Parks and Recreation (State Parks) Proposition 84
(Prop 84) grant through the Statewide Park Development and Community
Revitalization Program, which awards grants for the creation of new parks and
recreation facilities in critically underserved communities throughout California.
Attachment 3
October 13, 2016
Mr. Stephen E. Abbors
General Manager
City of East Palo Alto
Office of the City Manager
Midpenisula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
SUBJECT: STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION, COOLEY LANDING PARK
Dear Mr. Abbors,
Thank you for your years of support and for working with the City of East Palo Alto to
expand public parks and access to the Bay through expanding tail opportunities in the
City. Consistent with the Partnership Agreement between the City of East Palo Alto and
the Midpeninsula Regional Open Space District ("District") for the Cooley Landing
Project, the City would like to formally request further collaboration and partenership
efforts with the District to implement the remaining phases of Cooley Landing Vision
Plan and complete the improvements a contemplated in the original community vision
plan of the project.
As you are aware, Midpeninsula Regional Open Space District owns the Ravenswood
Nature Preserve adjacent to Cooley Landing and, in addition to acting in partnership
with the City on the project, provided an easement to the City to access the site from
Bay Road. The City of East Palo Alto deeply appreciates the contributions of your
agency, because the realiz_ation of Cooley Landing as a public park could not be
achieved without your support and cooperation.
The vision of Cooley Landing Park in the City of East Palo Alto was created through the
development of 15 .31 acres of land and the construction of a new
Environmental/History Education Center Building, outdoor classroom, picnic area, open
space/informal soccer field, restroom building, multi-use trails, gathering plaza, parking
lot, lighting and landscaping.
'East Palo Alto and the District has long been working towards the benefits that would be
offered at Cooley Landing. As early as 1995, studies such as the City's Parks,
Recreation, and Open Space Recommendations have identified projects given highest
priority by East Palo Alto residents to be bicycle and pedestrian trails, playgrounds and
tot lots, access to Cooley Landing, and group picnic areas.
2415 University Ave .
East Palo Alto , CA 94303
Phone: (650 ) 853-3100
Fax: (650 ) 853-3115
www.cityofepa.org
cmoffice@cityofepa .org
Attachment 4
Page 2
After more than a decade of studies, planning, research, and community discussion,
improvements at Cooley Landing Park are underway. In March of 2012 , the State of
California Statewide Parks Program awarded $5 million of Proposition 84 funds to the
City of East Palo Alto for des ign and construction of the project.
The project was designed in subsequent six phases; to date , the first three phases of
the project have been completed. ·
• Phase 1 included capping contaminated soil (related to the site's former use as a
burn -dump) and providing for safe public access . When the park was opened to
the public in 2012, Cooley Landing added nine acres to the amount of public
open space in East Palo Alto.
• Phase 2 of the park improvements included installation of underground utilities,
improving the access road, and installing native planting. This phase started in
September, 2013 and was completed in February, 2014.
• Phase 3 of the project included the construction of the Education Center which
will serve as a place for community meetings, and as an institution which
preserves and enhances the area's cultural heritage, history, and traditions.
Construction of the Education Center was completed in September, 2015. The
City held a grand opening event of the Education Center on April 16, 2016.
• Phases 4 through 6 are still remaining and will require design and construction of
the following improvements:
o Phase 4 includes design and construction of outdoor classroom and
outdoor bathrooms , and outdoor lighting along the access road , as well as
security decorative fence around the perimeter of the building.
o Phase 5 includes design and construction of trails and interpretive area;
secondary unpaved trails; and viewing and interpretive Areas.
o Phase 6 includes improvements to the viewing pier.
In order to fulfill the State of California Statewide Parks Program grant requirements, the
City is obligated to complete the remaining phases of the project in accordance with the
funding agreement between the City and the State. The State is still holding over $1
million (out of the $5 million grant) of Proposition 84 funds until the City complete the
design and construction of the remaining phases of the project and complete the grant ·
scope as referenced above.
The City is currently looking for funding opportunities to complete the remaining
improvements . It is our understanding that the District indicated an interest in getting
involved to assist the City complete some of the remaining improvements and
potentially fund them using Measure AA Funds. The City is open to discuss the
2415 University Ave .
East Palo Alto, CA 94303
Phone: (650) 853 -3100
Fax: (650) 853 -3115
www.cityofepa.org
cmoffice @cityofepa.org
Attachment 4
Page 3
remaining phases and find a way to continue our partnership toward completing the
improvements and achieving the project goals.
Sincerely,
Attachment 1: Cooley Landing Park Concept Plan
CC: Sean Charpentier, Assistant City Manager
Kamal Fallaha, Public Works Director
Cooley Landing File
2415 University Ave .
East Palo Alto , CA 94303
Phone : ( 650) 853 -3 100
Fax: (650) 853-3115
www .cityofepa.org
cmoffice@ cityofepa.org
Attachment 4
From:Jennifer Woodworth
Subject:Questions for 3/22/17 Agenda
Date:Wednesday, March 22, 2017 10:06:04 AM
Good morning all,
Please find responses below in blue to questions submitted regarding tonight’s agenda items.
Jen
March 22, 2017 Board Questions from Director Kishimoto
Item 6 - copiers/printers - it’s hard to judge whether we are getting good value with this although I
know it’s a state procurement deal. Is it all negotiated on a per copy basis or ?
To clarify, we pay cost per print, which includes machines, maintenance, service and ink. This is the
same type of agreement we've had with Sharp since 2013. Additionally, we compared the proposed
National Joint Powers Alliance cooperative agreement to the California eProcure Xerox lease, which is
approximately 20% higher.
Black & White
2013: $0.0090
2017: $0.0049
savings: $0.0041 per copy
Color
3013:$0 05445
2017:$0.04900
savings:$0.00545 per copy
Item 12 - Cristich Lane property. Has there been a preliminary assessment of how many field and
admin staff could work out of there? How many parking spaces would we be obligated (or want) to
provide?
Staff has looked at the zoning code to determine how many parking spaces are required based on the
building square footage (14 spaces at 1/400 s.f.). We have also had preliminary discussions with
Visitor Services and Land and Facilities to explore the maximum 30-year build out of a south field
office. This build out will be informed by what can fit on the site. Because the site is smaller than the
Foothills and Skyline Field Offices, the operational model at this facility would be different as
compared to the two main field offices, e.g. large equipment and some storage may need to be
placed elsewhere at a Preserve or at the Foothills Field Office. Also, it is very likely that a storage yard
near the current South Area Outpost would be needed given the space constraints at the proposed
new property location. As part of the conditional use permit application process, staff will work with
a design team to prepare site plan and building layout alternatives that aim to maximize use of the
site for the next 30 years. This information will help determine which staff work groups and total
number of staff would report at this location. Please also note that the District can choose to place
this property back on the market should another opportunity come up that better meets our needs.
At this point, given the current market, we benefit from jumping on opportunities as they come up
while remaining flexible to pivot when a better opportunity emerges.
Item 13 - Cooley. Remind me why it’s a big priority to build free-standing restroom? It’s not
possible to open only the restroom in the education center?
The need for a free-standing restroom came up as a priority, as we understand it, due to the fact that
the restroom that exists at the park now is built into the Education Center. Access to this restroom is
only possible when the Education Center is open. Since the center is not always open when the park
is open, the grantor is requiring an outdoor, free-standing restroom that is accessible at all times
when the park is open to the public.
Jennifer Woodworth, MMC
District Clerk/ Assistant to the General Manager
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485
E-mail correspondence with the Midpeninsula Regional Open Space District (and attachments, if
any) may be subject to the California Public Records Act, and as such may therefore be subject to
public disclosure unless otherwise exempt under the Act.