HomeMy Public PortalAbout20150812 - Agenda Packet - Board of Directors (BOD) - 15-21
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, August 12, 2015
7:00 PM
A G E N D A
6:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title of Employees: General Manager
CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency designated representatives: Board of Directors
Unrepresented Employees: General Manager
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 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
Meeting 15-21
Calendar during consideration of the Consent Calendar.
1. Approve Board Meeting Minutes:
July 22, 2015
July 30, 2015
2. Approve Claims Report
3. Amend Contract with Balance Hydrologics, Inc. (R-15-113)
Staff Contact: Matt Baldzikowski, Planner III, Natural Resources Department
General Manager’s Recommendation: Approve a contract amendment with Balance Hydrologics
Inc., increasing the contract by $39,840, for a total amount not to exceed $64,840 to continue and
expand the Water Resources Inventory Study underway at the Bear Creek Redwoods Open Space
Preserve.
4. Acceptance of Conservation Easements over three Los Trancos County Water District
Parcels, two located in unincorporated San Mateo County (Assessor Parcel Numbers 080-
071-010 and 080-060-580) and one located in the Town of Portola Valley (Assessor Parcel
Number 080-241-410) (R-15-117)
Staff Contact: Allen Ishibashi, Senior Real Property Agent
General Manager’s Recommendations:
1. Determine that the recommended actions are categorically exempt from the California
Quality Act, as set out in the staff report.
2. Adopt a Resolution authorizing the acceptance of two conservation easements over three Los
Trancos County Water District parcels.
3. Adopt the Preliminary Use and Management Plan, as set out in the staff report.
4. Withhold dedication of the Los Trancos County Water District Parcels as public open space.
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.
5.
Approval of Revised Statement of Investment Policy and Authorization to Purchase
Securities through Stifel, Nicolaus & Company (R-15-116)
Staff Contact: Mike Foster, Controller
General Manager’s Recommendation: Adopt resolutions approving the proposed revised
Statement of Investment Policy and the trading of securities through the investment department
of Stifel, Nicolaus & Company.
6. Establishment of the Measure AA Bond Oversight Committee and adopting Committee
Bylaws (R-15-112)
Staff Contact: Jennifer Woodworth, District Clerk
General Manager’s Recommendations:
1. Approve a resolution forming the Measure AA Bond Oversight Committee.
2. Approve the draft bylaws for the Measure AA Bond Oversight Committee.
7. Approval of Salary Adjustments and Revised Employment Agreements for Board
Appointees General Counsel and District Controller (R-15-118)
Board Evaluation Committee Members: Director Kishimoto, Director Harris, and Director
Siemens, Chair
Board Appointee Evaluation Committee’s Recommendations:
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2014-15, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for its Board Appointees for Fiscal Year 2015-16: Adjust the General
Counsel’s base salary upward to $212,152, plus a one-time bonus of $10,200 and retain the
Controller’s base salary of $45,153 in anticipation of a reduction in hours, plus a one-time bonus
of $2,300.
The Board Appointee Evaluation Committee recommends the adoption of resolutions approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute revised Board Appointee Employment Agreements.
8. Approval of Contract with Geocon Inc. for Environmental Consulting and Hazardous
Waste Disposal Services at the former Driscoll Ranch area of La Honda Creek Open Space
Preserve (Report will be posted by Monday, August 10 by 5:00 pm)
Staff Contact: Kirk Lenington, Natural Resources Manager
General Manager’s Recommendation:
Authorize the General Manager to enter into a professional services contract with Geocon Inc. for
a total contract amount not to exceed $69,000, which includes the project proposal amount of
$60,000 and a fifteen percent contingency amount of $9,000 to perform environmental consulting
and hazardous waste disposal services at the former Driscoll Ranch area of La Honda Creek
Open Space Preserve.
INFORMATIONAL MEMORANDA
Upper La Honda Demolitions
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for factual information; request staff to report back to the Board on a matter at a future
meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and
direction to staff only. No final policy action will be taken by the Board.
A. Committee Reports
August 11, 2015 Planning and Natural Resources Committee
B. Staff Reports
C. Director Reports
ADJOURNMENT
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 August 7, 2015, 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, CMC
District Clerk
Board Meeting 15-19
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
Wednesday, July 22, 2015
DRAFT MINUTES
REGULAR MEETING
CALL TO ORDER
President Siemens 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,
and Pete Siemens
Members Absent: Curt Riffle
Staff Present: General Manager Steve Abbors, Assistant General Manager Kevin
Woodhouse, General Counsel Sheryl Schaffner, Real Property Manager
Mike Williams, Real Property Specialist Elish Ryan, Human Resources
Supervisor Candice Basnight, Operations Manager Michael Newburn, and
District Clerk Jennifer Woodworth
ORAL COMMUNICATIONS
No speakers present
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Riffle absent.)
SPECIAL ORDERS OF THE DAY
Meeting 15-19 Page 2
Planning Manager Jane Mark introduced the new Capital Project Manager Dale Grogan.
Sean Sears of the Vida Verde organization provided information and showed a video about his
organization, which provides outdoor educational opportunities for students to experience
environmental outdoor education.
CONSENT CALENDAR
1. Approve July 8, 2015 Board Meeting Minutes.
2. Approve Claims Report
3. Grant Funding Agreement with the County of San Mateo to Complete the San Francisco Bay Trail Connection Project at Ravenswood Open Space Preserve (R-15-105)
General Manager’s Recommendation: Adopt a resolution authorizing the General
Manager to execute a funding agreement with the County of San Mateo to implement the
San Francisco Bay Trail connection project at Ravenswood Open Space Preserve.
4. Grant Funding Agreement with the Santa Clara Valley Water District for Hendrys
Creek Stream Channel Restoration Project at Sierra Azul Open Space Preserve (R-
15-108)
General Manager’s Recommendation: Adopt a resolution authorizing the General
Manager to execute a funding agreement with the Santa Clara Valley Water District to
implement the Hendrys Creek Stream Channel Restoration Project at Sierra Azul Open
Space Preserve.
5. Change to the District’s Fiscal Year (R-15-104)
General Manager’s Recommendation:
1. Adopt a resolution to reset the District’s annual fiscal year to begin July 1 and end
June 30.
2. Move appointment of the Action Plan and Budget Committee members to the
second regular Board meeting in January, consistent with other Committee appointments.
3. Extend Fiscal Year 2015-16 by three months to end on June 30, 2016
6. Establishing Fiscal Year 2015-2016 Tax Levy for the Midpeninsula Regional Open
Space District’s General Obligation Bonds - Series 2015A and Series 2015B (R-15-
109)
General Manager’s Recommendation: Adopt Resolutions of the Board of Directors of the
Midpeninsula Regional Open Space District for each of San Mateo, Santa Clara and
Santa Cruz Counties to establish an ad valorem property tax levy of $1.10 per $100,000
(or $0.0011 per $100) in assessed value for the District’s General Obligation Bonds –
Series 2015A and Series 2015B (Measure AA)
Motion: Director Kishimoto moved and Director Hassett seconded the motion to adopt the
Consent Calendar.
Meeting 15-19 Page 3
VOTE: 6-0-0 (Director Riffle absent.)
BOARD BUSINESS
7. Proposed Purchase of Peninsula Open Space Trust Apple Orchard and Event
Center properties located at 6635 La Honda Road, 5711 La Honda Road, and 5460
La Honda Road in the Town of La Honda, in unincorporated San Mateo County
(San Mateo County Assessor’s Parcel Numbers 082-130-130, 082-140-010, 082-150-
030, 082-150-040, 083-361-040, 083-361-100), and a Conservation Easement over
San Gregorio Creek across portions of San Mateo County Assessor’s Parcel
Numbers 82-130-110 and 82-130-120 as additions to La Honda Creek Open Space
Preserve. (R-15-101)
Senior Planner Elish Ryan provided the staff presentation describing the property’s location and
existing site structures, the site’s history, and its resource values including spawning habits for
coho salmon and steelhead trout.
Real Property Manager Mike Williams explained that the District would be purchasing several
parcels and a riparian conservation easement along the San Gregorio Creek. Under its
management agreement with Peninsula Open Space Trust (POST), several infrastructure
improvements have already been completed, including construction of a fence to protect the
riparian corridor, improved water infrastructure, and road improvements. Mr. Williams described
the Facilities Use Agreement for the Event Center and potential uses for the site, including a
potential District office site and grazing. Finally, Mr. Williams outlined the purchase terms of the
properties and the next steps of the purchase process.
Director Hassett inquired regarding the ongoing maintenance costs of using the Event Center
facility, including District staff seeking partners to help cover these costs.
Mr. Williams described the various maintenance costs associated with Event Center use.
Director Hanko provided comments in support of partnerships, including a potential partnership
with Vida Verde.
Directors Harris and Kishimoto provided comments supporting potential uses of the cabin on the
Event Center property as a hikers hut or potentially for ongoing habitation.
Senior Real Property Agent Elaina Cuzick described various access issues hindering habitation
of the cabin, including its remote location requiring a stream crossing, fire protection dangers,
etc. associated with the building.
Director Cyr commented that the high cost of maintaining buildings in remote locations should
be balanced against other District needs.
Mr. Williams stated that if directed by the Board, staff can further evaluate the building for
potential future uses.
Director Kishimoto suggested water rights be addressed in future Use and Management Plans.
Public comments opened at 8:27 p.m.
Meeting 15-19 Page 4
Mike Bushue member of Equestrian Trail Riders’ Action Committee provided comments
regarding the proposed fee schedule including requesting two clarifications for small events of
six horses or less related to the refundable of cleaning and damage deposit and facility use fee to
be listed as zero in the fee schedule.
Tricia Suvari, Vice President of Land Transactions at POST, provided comments regarding the
stewardship projects completed during the time POST owned the property. POST is also grateful
for its strong partnership in these projects. Finally, Ms. Suvari spoke in favor of the legacy the
Driscoll family left for grazing this property.
Public comments closed at 8:32 p.m.
Director Hassett provided comments regarding the cost both financially and the cost to the
environment of potentially restoring and providing access to the remote cabin.
Directors Kishimoto and Hanko requested staff meet with potential partner Vida Verde to
evaluate if the organization would have any need for the cabin.
Motion: Director Hassett moved, and Director Hanko seconded the motion to.
1. Determine that the recommended actions as set out in the staff report are categorically
exempt from the California Environmental Quality Act.
2. Adopt a resolution authorizing the purchase of the Apple Orchard and Event Center
properties and the San Gregorio Creek Conservation Easement from Peninsula Open Space
Trust.
3. Accept the continued use of the Event Center Facilities Use Agreement and associated fee
schedule until such time as preferred long term uses of the Event Center are identified and either
a Site Plan is adopted and/or the La Honda Creek Open Space Preserve Master Plan is amended
to fully integrate the subject properties into the Preserve. The fee schedule will be modified as
suggested by Mike Bushue.
4. Adopt the Amended Preliminary Use and Management Plan for the Apple Orchard and
Event Center properties, and the Conservation Easement.
5. Authorize the General Manager to execute a Grazing Lease with Wilson Cattle Company
for the Apple Orchard Grazing Unit of La Honda Creek Open Space Preserve.
6. Indicate the intention to withhold dedication of the Apple Orchard and Event Center
Properties as public open space at this time.
VOTE: 6-0-0 (Director Riffle absent.)
8. Approval of Memorandum of Understanding with Midpeninsula Regional Open
Space District Field Employees Association and Approval of Salary and Benefits for
the Office, Supervisory, and Management Employees (R-15-110)
Assistant General Manager Kevin provided comments regarding the cooperative, amicable, and
productive negotiation process engaged in by the Field Employees Association and District
negotiators.
Field Employees Association President Grant Kern provided comments regarding the positive
atmosphere and collaborative approach of the negotiation process.
Meeting 15-19 Page 5
Human Resources Supervisor Candice Basnight summarized various sections of the
Memorandum of Understanding (MOU) with the Field Employees Association and the salary
and benefits for the Office, Supervisory, and Management Employees. Ms. Basnight described
the negotiated salary increases for the duration of the negotiated MOU as tied to the San
Francisco Area Consumer Price Index. Ms. Basnight explained additional salary changes
including the Equipment Maintenance Operators and creation of the Lead Ranger position.
Operations Manager Michael Newburn provided additional clarification and information
regarding the duties of the proposed Lead Ranger position.
Public comments opened at 9:07 p.m.
No speakers present.
Public comments closed at 9:07 p.m.
Motion: Director Cyr moved, and Director Hanko seconded the motion to:
1. Adopt a resolution approving the Memorandum of Understanding with the Midpeninsula
Regional Open Space District Field Employees Association, for a term of July 1, 2015,
through June 30, 2018.
2. Adopt a resolution approving the Salary and Benefits for the Office, Supervisory, and
Management employees, effective July 1, 2015.
3. Approve an update to the District’s Fiscal Year 2015-16 Classification and Compensation
Plan.
4. Approve the new “Lead Ranger” classification and modification to the Open Space
Technician classification.
VOTE: 6-0-0 (Director Riffle absent.)
9. Overview of the Seasonal Ranger Program and Approval of the Ranger Aide and
Seasonal Ranger Job Classifications (R-15-106)
Operations Manager Michael Newburn described the proposed Seasonal Ranger Program and its
purpose in helping potential rangers gain understanding and experience at the District. The
program will also help increase the presence of uniformed staff throughout District preserves
enhancing public outreach and provide backfill for vacant positions. Finally, Mr. Newburn
described the next steps in implementing the proposed Seasonal Ranger Program.
Public comments opened at 9:21 p.m.
No speakers present.
Public comments closed at 9:21 p.m.
Motion: Director Kishimoto moved, and Director Harris seconded the motion to:
1. Approve the new job classifications for Ranger Aide and Seasonal Ranger
Meeting 15-19 Page 6
2. Adopt a resolution amending the Classification and Compensation Plan to add the two new
job classifications.
VOTE: 6-0-0 (Director Riffle absent.)
INFORMATIONAL REPORTS
A. Committee Reports
No Committee reports.
B. Staff Reports
Assistant General Manager Kevin Woodhouse reported that District staff has moved over to the
new AO3 facility. As part of the move and continued implementation of the Financial and
Operational Sustainability Model, the Volunteer and Docent programs have been moved to the
Operations department and Project Manager Aaron Hebert is temporarily assigned to the
Planning department. Mr. Woodhouse also reported on the creation of an Innovation Team to
work on designing and implementing innovative ideas in the district the first of which is fog
harvesting.
General Manager Steve Abbors reported on the credit ratings awarded by Standard and Poors
and Fitch for the District’s general obligation bonds and promissory notes rating to AAA and the
lease notes to AA+. Mr. Abbors reported he and other staff members visited Mt. Umunhum with
members of the Santa Clara County Historic Heritage Commission.
General Counsel Sheryl Schaffner reported her attendance at the CalJPIA Annual Board of
Directors meetings to represent the District.
C. Director Reports
The Board members submitted their compensatory reports.
Director Kishimoto reported she attended a meeting of the Santa Clara Valley Water District
Water Commission and discussed stream restoration, especially in times of drought.
ADJOURNMENT
President Siemens adjourned the regular meeting at 9:39 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
Board Meeting 15-20
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
Thursday, July 30, 2015
DRAFT MINUTES
SPECIAL MEETING
CALL TO ORDER
Vice-President Kishimoto called the special meeting of the Midpeninsula Regional Open Space
District to order at 12:35 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, and Yoriko Kishimoto
Members Absent: Larry Hassett, Curt Riffle, and Pete Siemens
Staff Present: General Manager Steve Abbors, Assistant General Counsel Hilary
Stevenson, Controller Mike Foster, Senior Accountant Andrew Taylor,
and District Clerk Jennifer Woodworth
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Hanko seconded the motion to adopt the agenda.
ROLL CALL VOTE: 4-0-0 (Directors Hassett, Riffle, and Siemens absent.)
BOARD BUSINESS
1. Revising Fiscal Year 2015-2016 Tax Levy for the Midpeninsula Regional Open
Space District’s General Obligation Bonds - Series 2015A and Series 2015B (R-15-
115)
Meeting 15-20 Page 2
Senior Accountant Andrew Taylor explained that based on the original estimated bond pricing,
the property tax rate was set at $1.10 per $100,000 of assessed valuation. The final sale of the
bonds under very favorable market conditions generated a larger than expected bond premium
and, as a result, the property tax rate can be lowered from $1.10 to $.80 per $100,000 of assessed
valuation.
Controller Mike Foster explained that the $2.2 million of bond premium will enable the District
to smooth the tax rate over the first three years.
Public comments opened at 12:42 p.m.
No speakers present.
Public comments closed at 12:42 p.m.
Motion: Director Hanko moved, and Director Cyr seconded the motion to adopt Resolutions of
the Board of Directors of the Midpeninsula Regional Open Space District for each of San Mateo,
Santa Clara and Santa Cruz Counties to amend the ad valorem property tax levy from $1.10 per
$100,000 (or $0.0011 per $100) to $.80 per $100,000 (or $0.0008 per $100) in assessed value for
the District’s General Obligation Bonds – Series 2015A and Series 2015B (Measure AA).
ROLL CALL VOTE: 4-0-0 (Directors Hassett, Riffle, and Siemens absent.)
ADJOURNMENT
Vice-President Kishimoto adjourned the special meeting at 12:44 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
CLAIMS REPORT
MEETING 15‐21
DATE 08‐12‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69996 *10215 ‐ CALPERS‐FISCAL SERVICES DIVISION Health Insurance (Customer id 2857159579)08/04/2015 129,350.66
69901 11369 ‐ BANK OF THE WEST COMMERCIAL CARD USA $821.96 MATERIALS & SUPPLIES‐SFO 07/16/2015 40,132.05
$891.94 Local Meetings, Conference Hotel, Fedex Shipping 07/16/2015
$391.48 Flagging supplies for field sites, snake guards & burrowing owl workshop 07/16/2015
$195.00 Driver Training 07/16/2015
$363.19 M201 Vehicle Electrical Wire 07/16/2015
$194.12 Enforcement Supplies 07/16/2015
$1,627.11 CALPERLA Conf Fees., Staff Recog. Event, FEA Meeting 07/16/2015
$2,695.60 MATERIALS, SUPPLIES & SERVICES‐SFO 07/16/2015
$419.40 Supplies, Business Meeting meals 07/16/2015
$1,526.67 Internet & web charges 07/16/2015
$1,39.34 Office Supplies, Meeting Expenses, Advertisement 07/16/2015
$821.96 Rodent control and proofing / Parking fees at San Mateo County 07/16/2015
$146.08 Docent Quarterly mtg snacks; Course fee Cert Interp Trainer 07/16/2015
$1,001.00 HR, Red Cross, Wildland Fire Training 07/16/2015
$61.71 Volunteer Supplies: Snacks 07/16/2015
$195.43 Name Badges, Newspapers, Shuttle Service 07/16/2015
$3,521.30 M201 & T28 Equipment / Supplies 07/16/2015
$779.00 AO3 Office Equipment 07/16/2015
$193.36 Appliance Parts (FFO)07/16/2015
$1,343.70 Materials, dues, training ‐SFO 07/16/2015
$4,948.73 Computer monitors/AO3 hardware/IT supplies & equip.07/16/2015
$1,630.97 Radio, First Aid, Uniform, Vehicle, & Misc. Supplies 07/16/2015
$345.42 Field Supplies 07/16/2015
$113.35 Parking fees & Meals for Legislative visits 07/16/2015
$40.08 Name Badges & Volunteer Supplies 07/16/2015
$556.43 Field Supplies 07/16/2015
$1,925.60 Recruitment expenses: panel lunch & snacks, advertising 07/16/2015
$105.62 Lunch for OST interview panel 07/16/2015
$6.30 Battery 07/16/2015
$650.00 CA Special Districts Assoc 2015 Annual Conference Fees 07/16/2015
$30.00 Wireless internet for Mobile Equipment 07/16/2015
$148.80 Vehicle maintenance and repair ‐SFO 07/16/2015
$1,082.60 Intel Developer Forum Conf fee/IT supplies/cables/hardware 07/16/2015
$‐75.19 Credit for return to Home Depot 07/16/2015
$‐52.56 Board Mtg meals/Refund of deposit for facility rental 07/16/2015
$77.58 Sign laminating & lunch for OST panel 07/16/2015
$10,329.93 Furniture for new AO3 Offices 07/16/2015
70043 10094 ‐ RESTORATION DESIGN GROUP Landscape Architectural work for Mt Um Summit Access Project ‐ SAU 08/05/2015 33,852.50
70007 11148 ‐ BALANCE HYDROLOGICS, INC. Bear Creek Redwoods Water Resources Inventory 2015 08/05/2015 24,926.60
69925 11098 ‐ M‐T METAL FABRICATION INC Signboards and Map Boxes 07/24/2015 21,045.30
70012 11391 ‐ CHAVAN & ASSOCIATES, LLP Audit Fees for FY 2014‐2015 08/05/2015 16,500.00
69987 *11152 ‐ WELLINGTON PARK INVESTORS AO2/AO3 Rent ‐ August 07/30/2015 14,089.00
page 1 of 5
CLAIMS REPORT
MEETING 15‐21
DATE 08‐12‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69902 11230 ‐ SANTA CLARA COUNTY‐C/O UNITED ADMINISTRATIVE SERVDental Insurance ‐ Group #1766‐0006 07/16/2015 11,874.72
69919 10546 ‐ ECOLOGICAL CONCERNS INC Vegetation Management at Los Trancos, Mindego & Driscoll Ranch 07/24/2015 11,760.00
70013 11537 ‐ CLIENTFIRST TECHNOLOGY CONSULTING IST Strategic Plan Consulting 08/05/2015 10,455.76
70052 10978 ‐ VOLLMAR NATURAL LANDS CONSULTING, LLC Pre‐construction bat surveys for Paulin and Houghton sites ‐ LHC 08/05/2015 9,796.63
69970 10222 ‐ HERTZ EQUIPMENT RENTAL INC Excavator rental for ECdM 07/30/2015 9,314.05
69930 *10180 ‐ PG & E 4691 Electricity/gas 07/15 07/24/2015 8,257.02
70044 11398 ‐ RIVERVIEW INTERNATIONAL TRUCKS, LLC Retrofit Air tanks on M207 Dump Truck 08/05/2015 7,549.46
69973 10512 ‐ MARK THOMAS & COMPANY INC POST(Vida Verde) Riparian easement survey ‐ LHC 07/30/2015 7,010.00
69958 10017 ‐ CATERING BY DANA Catering ‐ volunteer recognition event/legislative luncheon 07/30/2015 6,161.46
69932 11519 ‐ PRICE, POSTEL & PARMA LLP Legal services for Mt.Umunhum Road Property Rights ‐ SA 07/24/2015 5,931.63
69937 *10580 ‐ SHARP BUSINESS SYSTEMS AO3 Printer Model MXC402SC 07/24/2015 5,564.44
70027 11489 ‐ HARO KASUNICH & ASSOCIATES INC. Geotechnical services for Driscoll Ranch Roads ‐ LHC 08/05/2015 5,412.50
69948 11388 ‐ WAGNER & BONSIGNORE Bear Creek Redwoods Water Rights Consulting ‐ BCR 07/24/2015 5,027.15
69981 11303 ‐ SANTA CLARA COUNTY FIRESAFE COUNCIL Chipping Projects Lexington Hills / Sierra Azul ‐ SAU 07/30/2015 5,000.00
69954 10141 ‐ BIG CREEK LUMBER CO INC Road and trail materials ‐ EcDM 07/30/2015 4,972.75
69984 10786 ‐ U.S. BANK EQUIPMENT FINANCE Copier Rental 07/30/2015 4,910.07
69969 10889 ‐ GROSSMANN DESIGN GROUP Professional Services through June 30th ‐ Mt Um Radar Towen Interim Repairs ‐ SAU 07/30/2015 4,900.00
69999 10419 ‐ THE LINCOLN NATIONAL LIFE INSURANCE COMPANY MPOSD‐BL‐490450 AD&D/LIFE/LTD 08/04/2015 4,863.00
69929 10479 ‐ PACIFIC AG RENTALS Transmission Repair John Deere Tractor 07/24/2015 4,523.87
69955 10363 ‐ BOARD OF EQUALIZATION CA Sales & Use Taxes FY 2014‐2015 due for out of state purchases 07/30/2015 4,480.00
70021 10027 ‐ CRESCO EQUIPMENT RENTALS El Corte de Madera Watershed Protection Project ‐ Equipment Rental 08/05/2015 4,374.00
70039 11241 ‐ QUESTA ENGINEERING CORPORATION Harkins Bridge Engineering ‐ PCR 08/05/2015 4,182.98
70037 10276 ‐ PORTOLA PARK HEIGHTS PROPERTY OWNERS ASSOC Road Work 5/21/15‐5/24/15 + Road Assoc. Dues 2015 08/05/2015 3,800.00
69978 11518 ‐ RANCHING BY NATURE Spring Work at McDonald Ranch Pasture 3 ‐ LHC 07/30/2015 3,788.48
69908 11525 ‐ ARCHITECTURE+HISTORY, LLC Apple Orchard Historic Structures Report 07/24/2015 3,480.00
69976 10479 ‐ PACIFIC AG RENTALS Tractor rental for mowing and discing 07/30/2015 3,010.00
69947 11317 ‐ TN RANCH SERVICES LLC 2 Self‐closing steel gates Mindego ‐ RR 07/24/2015 2,950.00
69928 10578 ‐ OLD REPUBLIC TITLE CO Escrow fees for Toepfer property ‐ LHC 07/24/2015 2,845.00
69939 10585 ‐ SOL'S MOBILE AUTO & TRUCK REPAIR, INC. Vehicle maintenance and repairs ‐SFO 07/24/2015 2,772.06
69935 11479 ‐ ROOTID Website Maintenance 07/24/2015 2,477.25
70017 10022 ‐ CONCERN Employee Assistance Program 7/01‐9/30/15 08/05/2015 2,467.50
70025 10187 ‐ GARDENLAND POWER EQUIPMENT Field Equipment/Tools/Tool Repair ‐ SFO 08/05/2015 2,433.05
69998 10211 ‐ PUBLIC POLICY ADVOCATES Legislative Advocacy Services 08/04/2015 2,388.99
70006 11538 ‐ APPLIED MATERIALS AND ENGINEERING Mt Um Radar Tower Interim Repairs Testing ‐ SAU 08/05/2015 2,330.00
70031 10366 ‐ MONTGOMERY HIGHLANDS ASSOCIATION Annual Dues / Special Assessment (ES)08/05/2015 2,238.00
69915 11537 ‐ CLIENTFIRST TECHNOLOGY CONSULTING IST Strategic Plan Consulting 07/24/2015 1,995.00
69983 *10583 ‐ TELEPACIFIC COMMUNICATIONS District Telephone Service + SAO Internet 07/30/2015 1,931.53
70034 10076 ‐ OFFICE TEAM GM Office Temporary Help 08/05/2015 1,912.00
69927 10076 ‐ OFFICE TEAM GM Temporary Office Help 07/24/2015 1,880.00
69963 11318 ‐ CONFLUENCE RESTORATION Bald Mtn Staging Vegetation Maintenance June 2015 ‐ SAU 07/30/2015 1,875.00
69904 11459 ‐ A.C. & H. CIVIL ENGINEERS INC Structural analysis of 16075 Overlook Drive tenant residence 07/24/2015 1,825.00
69990 *10032 ‐ DEL REY BUILDING MAINTENANCE July Janitorial Services 07/31/2015 1,815.00
70053 11388 ‐ WAGNER & BONSIGNORE Bear Creek Water Rights Consulting ‐ BCR 08/05/2015 1,759.00
page 2 of 5
CLAIMS REPORT
MEETING 15‐21
DATE 08‐12‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69997 *10212 ‐ PINNACLE TOWERS INC Tower rental ‐ Crown communication site id 871823 08/04/2015 1,600.20
70050 11540 ‐ TOM'S WELL SERVICE Well testing at Bear Creek Redwoods ‐ BCR 08/05/2015 1,560.00
69905 11396 ‐ AGCO HAY LLC Predation at Driscoll Ranch (one heifer calf) ‐ LHC 07/24/2015 1,552.50
69975 10076 ‐ OFFICE TEAM GM Office Temporary Help 07/30/2015 1,504.00
70054 11176 ‐ ZORO TOOLS Tools/parts for pumper repairs ‐SFO + Timer for water system (MB)08/05/2015 1,446.27
70000 *11003 ‐ UNITED ADMINISTRATIVE SERVICES GLUG‐45Y5 Basic Life/Supplemental Life Ins 08/04/2015 1,436.71
69917 11318 ‐ CONFLUENCE RESTORATION Mindego Gateway planting & landscape maintenance May 2015 ‐ RR 07/24/2015 1,434.50
70018 11318 ‐ CONFLUENCE RESTORATION Mindego Gateway planting & landscape maintenance June 2015‐ RR 08/05/2015 1,434.50
69903 *11003 ‐ UNITED ADMINISTRATIVE SERVICES GLUG‐45Y5 Basic Life/Supplemental Life Insurance Premium 07/16/2015 1,427.07
70032 11536 ‐ MTECH AO HVAC Quarterly Maintenance/Repair 08/05/2015 1,252.75
70015 10445 ‐ COMMUNICATION & CONTROL INC Repeater Site Lease 08/05/2015 1,172.00
69911 11349 ‐ BAY NATURE INSTITUTE July 2015 Magazine ad 07/24/2015 1,125.00
70003 10001 ‐ AARON'S SEPTIC TANK SERVICE Restroom pumping: SR, RR, WH 08/05/2015 1,125.00
70001 10213 ‐ VISION SERVICE PLAN‐CA Vision Ins Premium 00 106067 0010 08/04/2015 1,080.19
70038 *11184 ‐ PURCHASE POWER ‐ PITNEY BOWES POSTAGE AO postage 08/05/2015 1,034.99
70036 *10180 ‐ PG & E Electricity/gas 07/15 08/05/2015 1,018.77
69920 10038 ‐ ERGO VERA Employee Ergonomic evaluations 07/24/2015 1,003.20
69912 10840 ‐ CALIFORNIA PENSION GROUP, LLC Consulting Services ‐ July 2015 07/24/2015 1,000.00
69933 10195 ‐ REDWOOD GENERAL TIRE CO INC Vehicle maintenance and repairs ‐SFO 07/24/2015 996.78
69946 10146 ‐ TIRES ON THE GO Tires ‐ P78 07/24/2015 988.91
70048 10152 ‐ TADCO SUPPLY Janitorial Supplies (RSA(CP)08/05/2015 952.97
69944 10307 ‐ THE SIGN SHOP Preserve signs 07/24/2015 885.52
69959 10014 ‐ CCOI GATE & FENCE Gate Maintenance (RSACP/SA)07/30/2015 822.11
69982 10302 ‐ STEVENS CREEK QUARRY INC Base Rock (SA‐MT UM)07/30/2015 784.34
69913 10723 ‐ CALLANDER ASSOCIATES Bay Trail link concept study plan ‐ RW 07/24/2015 713.20
70014 10352 ‐ CMK AUTOMOTIVE INC Brake Repair/Service 08/05/2015 676.03
69943 10338 ‐ THE ED JONES CO INC Ranger badge sets 07/24/2015 674.29
69986 11388 ‐ WAGNER & BONSIGNORE Water Rights Consulting 07/30/2015 659.20
70035 10209 ‐ PETTY CASH‐MROSD AO Petty cash reimbursement 08/05/2015 622.62
69961 10352 ‐ CMK AUTOMOTIVE INC P79 Repair 07/30/2015 620.45
69957 *10454 ‐ CALIFORNIA WATER SERVICE CO‐949 Water Service (AO/FFO)07/30/2015 608.05
69923 11376 ‐ LAND TRUST OF SANTA CRUZ COUNTY Pathways for Wildlife Hwy 17 crossing corridor study 07/24/2015 580.00
70002 11108 ‐ SAN MATEO COUNTY Hazardous Waste Disposal ‐SFO 08/05/2015 560.33
69938 10447 ‐ SIMMS PLUMBING & WATER EQUIPMENT Water chlorination at rental residence ‐ PCR/water line repair RR 07/24/2015 536.17
69907 10294 ‐ AMERIGAS‐SAN JOSE Propane tank rental ‐ ECM 07/24/2015 517.03
69916 10352 ‐ CMK AUTOMOTIVE INC P94/P99 Service 07/24/2015 514.65
70028 10473 ‐ HIATT, CASEY ESRI User Conference San Diego, CA 08/05/2015 513.86
69909 10327 ‐ ASSOCIATION OF BAY AREA GOVERNMENT Annual Membership Dues: FY 15‐16 07/24/2015 500.00
69945 10069 ‐ THE WILFRED JARVIS INSTITUTE Leadership and organizational consulting 07/24/2015 500.00
69951 11404 ‐ AARON BLYTH Musician for Legislative Luncheon 07/30/2015 500.00
69988 *10018 ‐ CECILY HARRIS July Director meetings 07/31/2015 500.00
69991 *10050 ‐ JED CYR July Director meetings 07/31/2015 500.00
69995 *10118 ‐ YORIKO KISHIMOTO July Director meetings 07/31/2015 500.00
page 3 of 5
CLAIMS REPORT
MEETING 15‐21
DATE 08‐12‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
70011 10017 ‐ CATERING BY DANA Balance Due: Catering for Legislative Lunch 08/05/2015 483.94
70046 10157 ‐ STAPLES CREDIT PLAN Office Supplies 08/05/2015 480.55
70033 10160 ‐ OFFICE DEPOT CREDIT PLAN Office Supplies 08/05/2015 478.88
69942 10107 ‐ SUNNYVALE FORD A97/P88 Service 07/24/2015 451.48
70010 10170 ‐ CASCADE FIRE EQUIPMENT COMPANY Fire gear 08/05/2015 427.28
70004 10471 ‐ ABBORS, STEPHEN Special Districts Park Forum ‐ Air Travel Reimbursement OAK‐DTW 08/05/2015 417.20
70005 11170 ‐ ALEXANDER ATKINS DESIGN, INC. Design Ridge Trail Cruz Signs 08/05/2015 405.00
69993 *10072 ‐ NONETTE HANKO July Director meetings 07/31/2015 400.00
70029 11449 ‐ MARK, JANE APA Conference Registration (Oakland 10/15)08/05/2015 400.00
70019 10184 ‐ CONTINUING EDUCATION OF THE BAR Subscription‐CA Municipal Law HB 2015 08/05/2015 381.44
69926 10774 ‐ MICHAEL DEMPSEY, PATRICK DEMPSEY Water delivery to 291 Alpine Road ‐ SR 07/24/2015 360.00
69914 10170 ‐ CASCADE FIRE EQUIPMENT COMPANY Fire Tools 07/24/2015 354.80
70008 11349 ‐ BAY NATURE INSTITUTE Advertising: On the Trail Article 08/05/2015 350.00
69924 11392 ‐ LENNIHAN LAW Water Rights Legal Consulting 07/24/2015 349.80
69941 10143 ‐ SUMMIT UNIFORMS Uniforms 07/24/2015 346.91
70041 *10093 ‐ RENE HARDOY 07/15 Gardening services 08/05/2015 325.00
69989 *10029 ‐ CURT RIFFLE July Director meetings 07/31/2015 300.00
69992 *10057 ‐ LARRY HASSETT July Director meetings 07/31/2015 300.00
69994 *10084 ‐ PETE SIEMENS July Director meetings 07/31/2015 300.00
69966 10032 ‐ DEL REY BUILDING MAINTENANCE AO Janitorial Supplies 07/30/2015 252.64
70026 *10173 ‐ GREEN WASTE Monthly garbage/recycle‐SFO 08/05/2015 223.40
69936 11054 ‐ SAN MATEO COUNTY HUMAN RESOURCES DEPARTMENT Training Course ‐ Advanced People Skills 07/24/2015 220.00
69956 *10172 ‐ CALIFORNIA WATER SERVICE CO‐3525 Monthly water service ‐WH/rental residences 07/30/2015 219.80
70022 10171 ‐ CUPERTINO BIKE SHOP Patrol Bike Service/Supplies 08/05/2015 206.88
69971 10455 ‐ HUGG, IANTHINA ASLA Professional Membership 07/30/2015 200.00
69953 10274 ‐ BAY AREA AIR QUALITY MANAGEMENT Fuel tank permit fees ‐ SFO 07/30/2015 185.00
69950 11176 ‐ ZORO TOOLS SHRINK WRAP & DISPENSER‐SFO GENERAL 07/24/2015 180.28
70040 10176 ‐ RE BORRMANN'S STEEL CO Welding Materials 08/05/2015 157.20
69918 10867 ‐ CUZICK, ELAINA Mileage/cell phone reimbursement 07/24/2015 153.38
69921 10168 ‐ G & K SERVICES INC Shop Towel Service (FFO & SFO)07/24/2015 151.61
70024 10168 ‐ G & K SERVICES INC Shop Towel Service (FFO & SFO)08/05/2015 151.61
70020 10540 ‐ CRAFTSMEN PRINTING Letterhead paper 08/05/2015 135.94
69960 10496 ‐ CHUNG, JEAN Mileage 07/30/2015 135.60
69964 10540 ‐ CRAFTSMEN PRINTING Printing of Invites to Picchetti Legislative Luncheon 07/30/2015 129.41
69985 *10309 ‐ VERIZON WIRELESS Cell Phone Service 07/30/2015 125.95
70042 11526 ‐ REPUBLIC SERVICES Garbage services ‐ ECM 08/05/2015 121.85
69974 *10664 ‐ MISSION TRAIL WASTE SYSTEMS AO‐GARBAGE 07/30/2015 120.16
70030 10190 ‐ METROMOBILE COMMUNICATIONS Antenna cable for AO 08/05/2015 118.73
69972 10421 ‐ ID PLUS INC Name tags 07/30/2015 100.50
69962 **10850 ‐ COMPLETE PEST CONTROL Hawthorne Rodent Control Service July 9th‐ WH 07/30/2015 100.00
70016 **10850 ‐ COMPLETE PEST CONTROL Hawthorne Rodent Control Service July 22nd‐ WH 08/05/2015 100.00
70049 10162 ‐ TERMINIX PROCESSING CENTER AO Pest Control 08/05/2015 74.00
69931 11335 ‐ PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC Supplies 07/24/2015 71.17
page 4 of 5
CLAIMS REPORT
MEETING 15‐21
DATE 08‐12‐2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
69977 10261 ‐ PROTECTION ONE AO‐FIRE INSPECTION MONITORING 07/30/2015 70.18
69952 10294 ‐ AMERIGAS‐SAN JOSE Propane Tank Rental ‐SFO 1000 gallon tank 07/30/2015 67.00
70023 10169 ‐ FOSTER BROTHERS SECURITY SYSTEMS Keys 08/05/2015 65.25
70045 10993 ‐ SCHAFFNER, SHERYL State Bar Admin & Public Env Law Conference 6‐12‐15 08/05/2015 63.30
69910 10340 ‐ BARRESI, CHRIS Cell phone reimbursement 07/24/2015 60.00
69949 *10527 ‐ WASTE MANAGEMENT Garbage Service (SA‐MT UM)07/24/2015 59.22
69940 10960 ‐ STATE WATER RESOURCES CONTROL Water Distribution Operator Renewal‐SFO 07/24/2015 55.00
70009 10835 ‐ BRIDGE WIRELESS Earphone Kit 08/05/2015 51.59
69979 *11426 ‐ RIDGE WIRELESS INC. FFO Internet service 07/30/2015 50.00
69967 10186 ‐ FEDERAL EXPRESS Shipping charges 07/30/2015 48.00
69965 11210 ‐ DATA SAFE AO‐Shredding SVC 07/30/2015 40.00
69922 11109 ‐ HAWK, JAMIE Mileage Reimbursement 07/24/2015 36.80
70047 10143 ‐ SUMMIT UNIFORMS Public Safety ‐SFO 08/05/2015 34.80
70051 10561 ‐ ULINE Reflective tape for signs ‐SFO 08/05/2015 34.36
69968 11195 ‐ GOODYEAR AUTO SERVICE CENTER P94 Tire Repair 07/30/2015 25.00
69980 11059 ‐ SAN MATEO COUNTY HEALTH DEPT Tick Testing 07/30/2015 25.00
69906 10815 ‐ AMERICAN RED CROSS EMR Challenge Course ‐ 1 Student 07/24/2015 19.00
69934 10256 ‐ ROBERT'S HARDWARE Rental residence expense 07/24/2015 11.97
* Annual Claims
** Hawthorn Expenses
BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill
ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office
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 PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge ‐ Mindego Hill
page 5 of 5
R-15-113
Meeting 15-20
August 12, 2015
AGENDA ITEM 3
AGENDA ITEM
Amend Contract with Balance Hydrologics, Inc.
GENERAL MANAGER’S RECOMMENDATION
Approve a contract amendment with Balance Hydrologics Inc., increasing the contract by
$39,840, for a total amount not to exceed $64,840 to continue and expand the Water Resources
Inventory Study underway at the Bear Creek Redwoods Open Space Preserve.
SUMMARY
The Natural Resources Department initiated a Water Resources Inventory within the Bear Creek
Redwoods Open Space Preserve to support and inform the ongoing Preserve planning efforts
underway. The General Manager recommends continued monitoring and assessment of the
various water resources within the Preserve to better understand the creek flows and water
supply potential of several sources in order to best plan for future use of the Preserve. This
additional monitoring assessment work requires a contract amendment with Balance
Hydrologics, Inc. for an additional $39,840, for a total project cost not to exceed $64,840.
MEASURE AA
This Water Resources Inventory is being conducted to inform/support a number of the Measure
AA Bear Creek Redwoods: Public Recreation and Interpretive Projects (Portfolio # 21, Projects
21-3, 21-4, 21-5, 21-6). These projects are included in the Adopted Measure AA 5-year projects
approved by the Board.
DISCUSSION
In late May of 2015, a Water Resources Inventory (Inventory) study was initiated at Bear Creek
Redwoods OSP. The purpose of this Inventory is to assess historic and existing water sources,
use, and infrastructure within the Preserve and to support and inform the ongoing Planning
efforts associated with the various Bear Creek Redwoods Public Recreation and Interpretive
Projects adopted by the Board in the 5-year Measure AA Project List. To meet these Measure
AA projects’ established schedules, the Inventory was quickly planned and implemented. Staff
researched various District files and documents and referenced water resources to determine an
appropriate scope for the study.
Given the time sensitivity and complexities associated with the Inventory, a sole source contract
was awarded to Balance Hydrologics, Inc. (Balance) to begin the Inventory based on Balance’s
R-15-113 Page 2
familiarity with the Preserve site and nearby environs. Additionally, Balance has successfully
completed projects for the District at a fair and reasonable competitive price, and was
immediately available to work on the project. Based on Administrative Policy 04-04
“Administrative Policy: Public Contract Bidding, Vendor, Professional Consultant Selection and
Purchasing,” and the Board’s “Public Contract Bidding, Vendor, and Professional Consultant
Selection, and Purchasing Policy,” staff is proposing to continue this sole source contract with
Balance due to the reasons discussed above. These Board and Administrative policies provide:
“Occasionally, … supplies, material, equipment, or services are of a
unique type, are of a proprietary nature, or are otherwise of such a
specific design… or are specifically necessary for purposes of
maintaining cost effective system consistency, so as to be available
from only one source.”
In accordance with District policy, and given that Balance has performed significant work on this
project to date and has a unique familiarity with the Preserve, District staff recommends
amending the contract with Balance to allow the project to continue forward in a cost-effective
and efficient manner, at a fair and reasonable price.
A number of field assessment days were completed with MROSD staff and Balance staff to
locate and identify the numerous water resources within the Preserve. Stream flow and pond
water level measurements, limited water quality testing, and an evaluation of existing water
infrastructure were conducted by Balance. The recently acquired Holmes property well was also
evaluated, including limited pump testing and water quality sampling. An Interim Water
Resources Inventory was completed by Balance on June 30, 2015.
District staff and Balance discussed the Interim Inventory findings, data gaps, and next steps.
While the Interim Inventory was comprehensive and well done, it was apparent that additional
information would be needed to more thoroughly understand the numerous water resources on
site. In particular, it is desirable to install additional monitoring equipment, and to continue all
monitoring throughout this dry season to better understand the Preserve hydrology and reliability
during this year of prolonged drought.
The continued monitoring and incorporation of data collected into a more comprehensive and
robust Final Water Resources Inventory requires Board authorization due to exceeding the
General Manager’s contracting authority threshold of $25,000. To date, $24,934 has been spent
for research, field study/monitoring, and to prepare the Interim Inventory Report. The continued
monitoring through the end of the dry season, additional work associated with the former
Holmes well, and the update/preparation of a Final Water Resources Inventory will require an
additional expenditure of $39,840, for a total project cost not to exceed $64,840.
FISCAL IMPACT
The fiscal impact of approving this contract amendment is an additional $39,840 for a not-to-
exceed $64,840 project cost. The funding for all project costs associated with the preparation of
the Water Resources Inventory is allocated in the existing Bear Creek Redwoods Preserve Plan
budget (GL Account 30-330-8215), authorized for the Planning Department in the FY2015-16
Budget.
R-15-113 Page 3
BOARD COMMITTEE REVIEW
The Bear Creek Redwoods Preserve Plan process has had substantial Board, Committee, and
public review. These reviews have most recently been detailed for the CEQA Scoping Session
for the Proposed Bear Creek Redwoods Preserve Plan, at the Board meeting of June 24, 2015 (R-
15-92). The subject Water Resources Inventory is one of the further focused studies identified in
R-15-92.
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 General Manager’s recommendation is approved by the Board, a Final Water Resources
Inventory for the Bear Creek Redwoods Open Space Preserve will be completed and used to
inform water resources options to further refine the Preserve Plan/EIR currently underway.
Responsible Department Head:
Kirk Lenington, Natural Resources Department
Prepared by:
Matt Baldzikowski, Planner III, Natural Resources Department
R-15-117
Meeting 15-20
August 12, 2015
AGENDA ITEM 4
AGENDA ITEM
Acceptance of Conservation Easements over three Los Trancos County Water District Parcels,
two located in unincorporated San Mateo County (Assessor Parcel Numbers 080-071-010 and
080-060-580) and one located in the Town of Portola Valley (Assessor Parcel Number 080-241-
410).
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the acceptance of two conservation easements over three Los
Trancos County Water District parcels.
3. Adopt the Preliminary Use and Management Plan, as set out in the staff report.
4. Withhold dedication of the Los Trancos County Water District Parcels as public open space.
SUMMARY
The Midpeninsula Regional Open Space District (District) has an opportunity to protect three
parcels totaling 5.19-acres owned by the Los Trancos County Water District (LTCWD) in the
community of Los Trancos Woods through the acceptance of two conservation easements.
These properties are owned by the LTCWD, which is undergoing dissolution and is preparing to
transfer fee title of the Lake Property (1.91-acres comprised of two parcels) to San Mateo County
(County) and fee title of the Red Shed Property (3.28-acres) to the Woodside Fire Protection
District (Fire District). The acceptance of these conservation easements is in response to a
request by the LTCWD to assist it in fulfilling its obligations for the dissolution of that agency.
As a regional organization, District is in a unique position to assist partner agencies in the
dissolution of LTCWD by accepting the conservation easements.
DISCUSSION
On May 13, 2015, the Board of Directors authorized the General Manager to negotiate with the
County and Fire District (future successors in interest to the LTCWD property) regarding the
terms of two conservation easements and to return for acceptance once the dissolution of the
LTCWD was complete (R-15-77). Subsequent to the May Board meeting, it was determined that
acceptance of the easements from LTCWD prior to the dissolution was required pursuant to
actions taken by the Local Agency Formation Commission of San Mateo County (LAFCo). Over
the past two months, the District has coordinated and negotiated with LTCWD, County, and the
Fire District regarding the terms of the easements.
R-15-117 Page 2
Background
The LTCWD is an independent special district that was originally formed to provide water to the
Los Trancos Woods community. In 2005, the LTCWD sold its water system to California Water
Service Company and continued to exist as a special district, collecting property taxes although it
no longer performed its original core function. The LTCWD’s remaining assets include three
parcels within the Los Trancos Woods community: a 3.28-acre parcel that is largely
undeveloped with the exception of a small Red Shed, and two parcels totaling 1.91 acres (1.78
and 0.13) that together are mostly comprised of an impounded reservoir (refer to additional
property details below and attached map). This situation became the subject of an investigation
by the San Mateo County Civil Grand Jury in 2008-09, which recommended the dissolution of
the LTCWD. Many discussions with multiple potential take-out partners have been facilitated by
LAFCo since 2009, including discussions with the District to consider fee title ownership of the
Lake Property. This proposal was reviewed and considered multiple times by the District with
consistent findings that the property does not meet District criteria for ownership (small parcel,
not contiguous to District land, largely surrounded by development, no direct connection to
District trails, not of regional significance).
Residents of the Los Trancos Woods community have a strong desire to ensure the protection of
the conservation values of these two properties so that they remain in an undeveloped, natural
open space condition in perpetuity. As such, they have worked closely with LAFCo and San
Mateo County Supervisor Don Horsley to facilitate discussions with the District on the
acceptance of conservation easements based on the District’s unique position in the region.
Improvements and Land Use
The Red Shed Property is located at 126 Lake Road in unincorporated San Mateo County, within
the Sphere of Influence of the Town of Portola Valley. This parcel is largely in a natural
condition with the exception of a small storage structure commonly referred to as The Red Shed.
Although this parcel is small and largely bordered by Lake Road to the north and east, and
neighboring private residences to the south and west, it does provide habitat for local wildlife,
particularly birds and small mammals. During years of very heavy rainfall, this parcel can retain
standing water as there is a seasonal pond.
The Lake Property is located just west of Lake Road, opposite the Old Spanish Trail that extends
through property owned by the Town of Portola Valley. This property is comprised of two
parcels, one located in unincorporated San Mateo County, within the Sphere of Influence of the
Town of Portola Valley, and the other located within the Town’s boundary. The Lake Property
largely consists of a dammed reservoir that retains year-round water with minimal upland habitat
and a small viewing area with two benches. The reservoir serves as a flyover resting place for
local waterfowl. The Lake Property is bordered by a Town of Portola Valley parcel to the north
and west that includes the Lake Trail, which passes through the common area of the Blue Lakes
Subdivision, and by the one-lane Lake Road and Old Spanish Trail (road) and private residences
to the south and west.
Neither of these properties is contiguous to District land nor directly accessible via District trails.
However, both properties do lie within the District’s larger jurisdiction. These properties can be
indirectly assessed from the Windy Hill and Coal Creek Open Space Preserves via either Town
of Portola Valley trails or paved roads through the Los Trancos Woods community.
R-15-117 Page 3
Terms and Conditions
The conservation easements will protect in perpetuity the property’s conservation and open space
values, including scenic, habitat, natural, and recreational values. The easement terms include:
• Conservation easements to be executed by LTCWD and recorded, but will not become
effective until the properties are transferred to the County and Fire District.
• County and Fire District, as fee owners, will be responsible for enforcing their own
ordinances (e.g., trespassing, illegal dumping).
• County and Fire District, as fee owners, will be responsible for all maintenance and
repairs of the properties ( e.g. mowing, fences).
• County and Fire District to retain all liability and maintenance responsibility for water
bodies, dams, etc.
• District to perform annual monitoring of the Conservation Easements.
• County and Fire District to reimburse the District for monitoring costs.
• District, at its sole discretion. may assign the Conservation Easements should a more
appropriate easement holder emerge in the future.
• No third party beneficiaries to the Conservation Easement.
• Limited public recreation as an allowed use.
• Explicitly state that the District will never take fee ownership of these properties.
The proposed Conservation Easements would be held solely by the District, which would be
responsible for monitoring the easement and notifying the County and Fire District of any
violations to the easement. The easement would require that both properties be maintained in
their current condition, with no changes in land use. The County and Fire District, as fee title
owners, would remain responsible for the ongoing maintenance, repairs, and management,
including actions to correct any noted violations, and would be responsible for any liability
arising from non-District activity on or uses of the easement areas. The conservation easement
would remain on the properties in the event of property ownership transfer.
USE AND MANAGEMENT
Planning Considerations
The Red Shed Property is located in unincorporated San Mateo County, within the Sphere of
Influence of the Town of Portola Valley. The property is zoned R-1/S-108 - One Family
Residential District. The Lake Property is comprised of two parcels, one located in
unincorporated San Mateo County, within the Sphere of Influence of the Town of Portola Valley,
and the other located within the Town’s jurisdiction. The parcels are zoned R-1/S-108 - One
Family Residential District and M-R/7.5A/SD-3/DR - Mountainous Residential District, 7.5
acres.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan for the conservation easements represent a status
quo approach to management. The property subject to the conservation easements will be owned,
operated and managed by the County and Fire District. The Preliminary Use and Management
Plan include the following elements:
Public Access: A public viewing area is located on the Lake Property. The construction
of any new trails or public viewing areas on the Lake Property or Red
R-15-117 Page 4
Shed Property are subject to District approval.
Signs and Site
Security:
Structures and
Improvements:
Natural Resource
Management:
Roads and Trails:
Flood Control:
County and Fire District may install safety improvements such as
fencing, gates and signage.
Monitor the conservation easements to ensure that maintenance
activities and operation of all structures and improvements are
compatible with the conservation easement.
Monitor the conservation easements to ensure that natural resource
management activities are compatible with the conservation easements
The construction of new trails and roads on the property are subject to
District approval.
Construction and maintenance of flood control measures are permitted
with District approval.
Document Baseline
Conditions:
Perform an initial inspection of the conservation easements to photo
document existing conditions within the easement areas at the time the
easements become effective.
Easement
Monitoring:
Conduct regular inspection of the conservation easement areas to ensure
compliance with provisions of the easements.
Site Safety
Inspection:
A preliminary site safety inspection has been conducted and there are no
known safety hazards within the conservation easement areas.
Dedication: Indicate the Board’s intention to withhold the conservation easement for
resource conservation and public open space and park purposes.
FISCAL IMPACT
The proposed easement interests would be granted to the District at no cost. Ongoing monitoring
of the conservation easement would result in a nominal fiscal impact, primarily associated with
staff time to conduct an annual site inspection and prepare a report to be shared with the County
and Fire District. Under the conservation easements, the County and Fire District would be
responsible for reimbursing the District for these monitoring costs.
BOARD COMMITTEE REVIEW
Given the time sensitivity of the easement, this item was brought initially to the full Board on
May 13, 2015 to receive Board authorization to proceed with negotiating the terms of the
conservation easements.
R-15-117 Page 5
PUBLIC NOTICE
Notice has been provided as required by the Brown Act. Additional notice was also provided to
all residents that lie within the Los Trancos County Water District.
CEQA COMPLIANCE
Project Description
The project consists of the conveyance of two conservation easements in perpetuity over the
1.91-acre Lake Property and the 3.28-acre Red Shed Property to the District to preserve and
maintain the property for the conservation values identified in the Conservation Easement.
CEQA Determination
The District is the lead agency for this project under CEQA. The District concludes that this
project will not have a significant effect on the environment. It is categorically exempt from the
California Environmental Quality Act (CEQA) under Article 19, Sections 15317 and 15061 of
the CEQA Guidelines as follows:
Section 15317 Open Space Contracts or Easements - the acceptance of fee or easement
interests in order to maintain the open space character of an area. The District will acquire a
conservation easement interest to maintain the open space character of the property.
Section 15061(b)(3) - The actions recommended in the Preliminary Use and Management
Plan are exempt as there is no possibility the recommended actions will have a significant
effect on the environment.
NEXT STEP
If approved by the Board, the conservations easements will be executed and recorded in San
Mateo County. Once the County and Fire District take fee ownership to the properties, the
conservation easements will become effective.
Attachment:
1. Map showing Los Trancos County Water District Parcels
2. Resolution Authorizing the Acceptance of the Two Conservation Easements, and
Authorizing the General Manager to Execute any and all Other Documents Necessary
or Appropriate to the Closing of the Transaction (Windy Hill Open Space Preserve -
Lands of Los Trancos County Water District)
Responsible Manager:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent
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Red Shed PropertyAPN 080-060-5803.2 Acres
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Attachment 2
RESOLUTION NO. 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE ACCEPTANCE OF
THE TWO CONSERVATION EASEMENTS, AND AUTHORIZING THE
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION
(WINDY HILL OPEN SPACE PRESERVE - LANDS OF LOS TRANCOS
COUNTY WATER DISTRICT)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space
District (Open Space District) does hereby accept the two Grant Deed of Conservation
Easements from the Los Trancos County Water District, in substantial form as attached hereto
and by reference made a part hereof, and authorizes the General Manager or other appropriate
officer to execute the Conservation Easements on behalf of the Open Space District.
SECTION TWO. The General Manager, President of the Board of Directors or other
appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed of
Conservation Easements on behalf of the Open Space District.
SECTION THREE. The General Manager or the General Manager’s designee shall
cause to be given appropriate notice of acceptance to Los Trancos County Water District. The
General Manager is further authorized to execute any and all other documents in escrow
necessary or appropriate to the closing of the transaction.
SECTION FOUR. The General Manager and General Counsel are further authorized to
approve any technical revisions to the Conservation Easements, and other documents in escrow
which do not involve any material change to any terms of Conservation Easements, which are
necessary or appropriate to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2015, 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
R-15-116
Meeting 15-21
August 12, 2015
AGENDA ITEM 5
AGENDA ITEM
Approval of Revised Statement of Investment Policy and Authorization to Purchase Securities
through Stifel, Nicolaus & Company
CONTROLLER’S RECOMMENDATION
Adopt resolutions approving the proposed revised Statement of Investment Policy and the
trading of securities through the investment department of Stifel, Nicolaus & Company.
SUMMARY
Approval of the attached resolutions will permit the District Controller to invest District funds in
accordance with revised investment policies which reflect the District’s enhanced financial
position following the initial sale of $45 million of general obligation (GO) bonds and voter
approval to sell up to $255 million of additional GO bonds over thirty years.
DISCUSSION
On January 28, 2015, the Board extended the District Controller’s authority to invest temporarily
idle funds for one year, and approved one change to the Statement of Investment Policy, per the
provisions of Resolution 15-07 (R-15-03). The attached Resolutions [1] permit the Controller to
invest District funds in accordance with a revised Investment Policy and [2] permit trading in
securities through the investment department of one of the District’s investment banks, Stifel,
Nicolaus & Company.
Authorization and successful sale of GO bonds has improved the District’s financial position in
two important ways, both calling for a revision to District investment policies. First, the
District’s investible cash balances will almost double during August. The current investment
policy only indirectly addresses the investment of GO bond proceeds. Plus, only a fraction of this
cash will be spent over the next twelve months, providing the opportunity to invest in longer
maturities and earn higher interest income. Second, most capital expenditures will now be
covered by GO bond proceeds, no longer requiring the District to hold most of its general fund
cash in a highly liquid state in order to be able to respond immediately to land acquisition
opportunities. This enhanced financial flexibility allows the District to profit from an investment
portfolio with a much longer average maturity.
The proposed revised investment policy specifically addresses the investment of four types of
cash balances: [1] Restricted Reserves, [2] General Fund Committed Reserves, [3] General Fund
Un-Assigned Reserves, and [4] GO Bond Proceeds. Restricted reserves will continue to be
R-15-116 Page 2
invested in accordance with the documents creating the funds. A minimum of 50% of the sum of
Board-approved committed reserves will be invested in the Santa Clara County Pooled
Investment Fund (SCCIF), which provides daily liquidity. As required by the current policy, a
minimum of an additional $10 million will be held in the SCCIF, satisfying the Board-adopted
requirement for a minimum $10 million un-assigned balance in the general fund. Any remaining
general fund cash may be invested in authorized and tradable securities with maturities of up to
three years. GO bond proceeds will be held by the Fiscal Agent, Zions Bank, and invested in
accordance with the Fiscal Agent Agreement, in a series of securities with maturities not to
exceed three years and an average maturity of approximately eighteen months. The overall
average maturity of the entire District investment portfolio also shall not exceed eighteen
months.
It is anticipated that the great majority of investments with maturities exceeding one year will be
Federal agency securities, which are very actively traded and can be sold quickly at any time,
should an unusually large unforeseen cash need arise. The policy continues to require the
General Manager’s approval to invest in longer-term securities, although this limit has been
increased from 180 days to one year. The policy continues to require a complete monthly
investment report from the District Controller, listing the entire (much larger) portfolio and
noting recent transactions.
The attached bank resolution is required by Stifel’s investment department. The District
successfully utilized Stifel’s (FKA Stone & Youngberg) investment department prior to 2009
and it is highly qualified to handle the District’s general fund cash investments. The investment
of GO bond proceeds will be done through the investment department of Zions Bank, as
authorized in the Fiscal Agent Agreement to the initial GO bond sale.
BOARD COMMITTEE REVIEW
This item was not reviewed by any Committee.
FISCAL IMPACT
Approval of the revised policies will result in higher interest income than is reflected in the
current annual District budget. The budget for interest income will be increased appropriately
during the mid-year budget process.
PUBLIC NOTICE
Public notice was provided pursuant to the Brown Act. No additional notice is required.
CEQA COMPLIANCE
The recommended action is not a project for purposes of the California Environmental Quality
Act.
NEXT STEPS
None
R-15-116 Page 3
Attachments
1. Resolution Adopting a Statement of Investment Policy and Authorizing the Controller to
Invest Surplus Funds Allowed by the California Government Code
2. Resolution authorizing trading in securities through Stifel, Nicolaus & Company
3. Statement of Investment Policy
Prepared by:
Mike Foster, Controller
Attachment 1
Resolutions/2015/15-_Renew Investment Authority 1
RESOLUTION NO. 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A
STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE
CONTROLLER TO INVEST SURPLUS FUNDS AS ALLOWED BY THE
CALIFORNIA GOVERNMENT CODE
WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in
order to help meet capital program objectives, including Measure AA projects; and
WHEREAS, Chapter 4, Division 2 of Title 5 of the Government Code authorizes the
District to deposit and invest surplus funds in investments which, at times, yield interest rates
higher than achievable through the Santa Clara County Pooled Fund, or the California Pooled
Investment Authority; and
WHEREAS, the District can often improve its yield on surplus funds without sacrificing
financial safety and flexibility.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby authorize the Controller to invest surplus or temporarily idle funds
according to the Investment Policy attached hereto as Exhibit “A” and by reference made a part
hereof.
SECTION TWO. Before any investments with maturities exceeding one year, the
Controller shall consult with the General Manager, or a District employee authorized to act in his
behalf, to determine anticipated cash flow needs of the District.
SECTION THREE. This resolution supersedes the prior Resolution No. 15-07 adopted
January 28, 2015. This resolution shall no longer be in effect as of August 12, 2016, unless
extended, and inactive funds shall then be deposited in the Santa Clara County Pooled
Investment Fund, with the California Pooled Investment Authority, or invested through the
District’s commercial bank.
* * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2015, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1
Resolutions/2015/15-_Renew Investment Authority 2
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
Attachment 2
Resolutions/2015/15-_Maintenance of Security Accounts 1
RESOLUTION NO. 15-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CERTIFYING
THE ESTABLISHMENT AND MAINTENANCE OF SECURITY
ACCOUNTS
WHEREAS, the Establishment and Maintenance of Security Accounts have been
Authorized;
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
FIRST: That the President, Treasurer, or Vice President of this District, or
Stephen Abbors General Manager
(Name) (Signature) (Title)
Michael Foster
Controller
(Name) (Signature) (Title)
(the “Officers”), whether acting individually or collectively, are hereby authorized and
empowered, for and on behalf of this District (the “District ”), to establish and maintain one or
more accounts with Stifel, Nicolaus & Company, Incorporated (“Stifel”) for the purpose of
purchasing, investing in, or otherwise acquiring, selling (including short sales), possessing,
transferring, exchanging, pledging, or otherwise disposing of, or turning to account of, or realizing
upon, and generally dealing in and with any and all forms of securities, including, without
limitation, bonds, asset-backed securities, debentures, notes, scrip, participation certificates, rights
to subscribe, certificates of deposit, mortgages, choses in action, evidences of indebtedness,
commercial paper, certificates of indebtedness and certificates of interest of any and every kind and
nature, whatsoever, secured or unsecured, whether represented by trust, participating and/or other
certificates or otherwise, and any and all commodities and/or contracts for the future delivery
thereof, whether represented by trust, participating and/or other certificates or otherwise.
The fullest authority at all times with respect to any such commitment or with respect to any
transaction deemed by any of the Officers and/or agents of the District to be proper in connection
therewith is hereby conferred, including authority (without limiting the generality of the foregoing)
to give written or oral instructions to Stifel with respect to said transactions; to bind and obligate
the District to and for the carrying out of any contract, arrangement, or transaction, which shall be
entered into by any of the Officers and/or agents of the District with or through Stifel; to order the
transfer or delivery thereof to any other person, whatsoever, and/or to order the transfer of record
of any securities to any name selected by any of the Officers or agents of the District ; to affix the
District seal to any documents or agreements, or otherwise; to endorse any securities in order to
pass title thereto; to direct the sale or exercise of any rights with respect to any securities; to sign
for the District all agreements, authorizations, certifications, releases, indemnities, powers of
attorney, and/or any other documents in connection with any such account, and to agree to any
Attachment 2
Resolutions/2015/15-_Maintenance of Security Accounts 2
terms or conditions to control any such account; to direct Stifel to surrender any securities to the
proper agent or party for the purpose of effecting any exchange or conversion, or for the purpose of
deposit with any protective or similar committee, or otherwise; to accept delivery of any securities;
to appoint any other person or persons to do any and all things that any of the Officers and/or
agents of the District are hereby empowered to do, and take all action necessary in connection with
the account, or considered desirable by the Officers and/or agents of the District with respect
thereto.
SECOND: That Stifel may deal with any and all of the Officers and/or agents of the District
directly or indirectly empowered, by the foregoing resolution, as though they were dealing with the
District directly.
THIRD: That the Secretary of the District is hereby authorized, empowered, and directed to certify
to Stifel:
a) a true copy of these resolutions;
b) specimen signatures of each and every person by these resolutions empowered; and
c) a certificate (which, if required by Stifel, shall be supported by an opinion of the general
counsel of the District, or other counsel satisfactory to Stifel) that the District is duly organized and
existing, that its charter empowers it to transact the business by these resolutions defined, and that
no limitation has been imposed upon such powers by the By-Laws or otherwise.
FOURTH: That Stifel may rely upon any certification given in accordance with these resolutions
to be continuing as fully effective unless and until Stifel shall receive due written notice of a
change in or the rescission of the authority so evidenced and the dispatch or receipt of any other
form of notice shall not constitute a waiver of this provision, nor shall the fact that any person
hereby empowered ceases to be an officer of the District or becomes an officer under some other
title in any way affects the powers hereby conferred. The failure to supply any specimen signature
shall not invalidate any transaction if the transaction is in accordance with authority actually
granted.
FIFTH: That in the event of any change in the office or powers or person hereby empowered, the
Secretary shall certify such changes to Stifel in writing in the manner hereinabove provided, which
notification, when received, shall be adequate both to terminate the powers of the persons
theretofore authorized, and to empower the persons thereby substituted.
SIXTH: That the foregone resolutions and the certificates actually furnished to Stifel by the
Secretary of the District pursuant thereto are hereby made irrevocable until written notice of the
revocation thereof shall have been received by Stifel.
* * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on _____, 2015, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 2
Resolutions/2015/15-_Maintenance of Security Accounts 3
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
Attachment 3
STATEMENT OF INVESTMENT POLICY
GOALS
Goal 1. Capital Preservation
The primary goal shall be to safeguard the principal of invested funds. The secondary objective
shall be to meet the liquidity needs of the District. The third objective shall be to achieve a
return on funds consistent with this Policy. Temporarily idle funds shall be invested in a
conservative manner, such that funds can always be withdrawn at, or just above or below, full
invested value. Investments that offer opportunities for significant capital gains and losses are
excluded.
Goal 2. Liquidity
Temporarily idle funds shall be managed so that normal operating cash needs and scheduled
extraordinary cash needs can be met on a same day basis. Investments shall be sufficiently
liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases
can be made promptly (within two weeks).
Goal 3. Income
Temporarily idle funds shall earn the highest rate of return that is consistent with capital
preservation and liquidity goals and the California Government Code.
GUIDELINES
1. Determination of Idle Funds
The Controller shall prepare a cash flow projection prior to all investment decisions involving
securities with a term to maturity exceeding one year180 days. This cash flow projection shall
be reviewed and evaluated by the General Manager. The General Manager is responsible for
approving the Controller’s designation of the amount of funds available for investment for longer
than one year180 days.
2. Restricted Reserves
[a] MROSD Retiree Healthcare Plan: All funds are to be held by CalPERS and managed by
CalPERS.
[b] Hawthorn Endowment Fund: All funds will be held in a separate bank account and invested
in accordance with this policy.
[c] Debt Service Reserve Funds Held by Bond Trustees: Funds held by such trustees shall be
invested in accordance with the bond indenture or other agreement providing for the issuance
and management of such debt.
2.3. General Fund Committed ReservesContingency Reserve
A contingency reserve of at least $10,000,000 shall be maintained, at all times, with the Santa
Clara County Pooled Investment Fund.At least one-half of the total general fund committed
reserve requirement shall be maintained, at all times, with the Santa Clara County Pooled
Investment Fund (SCCPIF).
4. General Fund Un-Assigned Contingency Reserve
In addition to any committed fund reserve requirement, a general fund contingency reserve of at
least $10 million shall be maintained, at all times, with the SCCPIF.
Attachment 3
5. General Obligation Bond Proceeds Held by Fiscal Agent
Bond Proceeds held by the District’s Fiscal Agent, either in the Debt Service Fund or Bond
Proceeds Fund, shall be invested through the investment department of the Fiscal Agent and in
accordance with the Fiscal Agent Agreement.
3.6. Non-Invested Funds
Idle District funds not otherwise invested as permitted by this Policy, or maintained with trustee
paying agents and pledged to the payment of District indebtedness, shall be deposited with the
Santa Clara County Pooled Investment Fund, the San Mateo County Treasurer’s Pooled
Investment Fund or the State of California’s Local Agency Investment Fund.
4.7. Selection of Investments
The Controller is responsible for selecting investments that fit within the amounts and maturities
recommended by the Controller and by the General Manager. The Controller is also responsible
for directing security transactions.
5.8. Investments Instruments and Deposit of Funds
Investments and deposits of funds shall be limited to those allowed by and subject to the
procedures of Government Code Section 53600 et seq. and 53635 et seq. In the event of any
conflict between the terms of this Policy, and the Government Code, the provisions of the
Government Code shall prevail. Investments shall not be leveraged. Investments, and
“derivatives,” that offer opportunities for significant capital gains and losses are excluded. If
after purchase, securities are downgraded below the minimum required rating level, the securities
shall be reviewed for possible sale with a reasonable amount of time after downgrade.
Significant downgrades and the action taken or to be taken will be disclosed in the next monthly
report.All investments, other than investment of bond proceeds and funds held by trustees and
pledged to the repayment of bonds or other District indebtedness, shall mature within 180 days,
except for [1] U.S. Treasury and U.S. Government Agency bills and notes and [2] Corporate
notes carrying a minimum rating of AA from a nationally recognized rating service, which shall
mature within two years. Funds held by such trustees and other bond proceeds may be invested
in accordance with the indenture or agreement providing for the issuance of such debt.
9. Maximum Maturity
The average maturity of the total District investment portfolio shall not exceed eighteen months
and no investment, except for debt service reserve funds held by bond trustees, shall have a
maturity of more than three years from the date of purchase. The maturity of investments in
trustee-held debt service reserve funds shall not exceed the final debt service payment date of the
bonds.
6.10. Diversification
Investments shall meet the diversification test of Government Code Section 53601.7(c), stating
that no more than 5% of the total investment portfolio may be invested in the securities of any
one issuer, except for the obligations of the U.S. Treasury or U.S. Government Agencies.
Investments maturing in 181 days or longer shall represent no more than 20% of the total market
value of the investment portfolio.
7.11. Marketability
Attachment 3
For investments other than bank certificates of deposits and investment of funds held by trustees
as set out in Section 5, the breadth of ownership and number of securities outstanding shall be
sufficient to establish a secondary market in which investments can be readily converted to cash
without causing a material change in their market value.
8.12. Acceptable Banks
Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from the
District’s commercial bank or banks and savings and loan associations with over $1,000,000,000
of deposits and reporting profitable operations and which meet all applicable criteria of the
Government Code. Certificates of Deposit may be purchased from other banks within Santa
Clara and San Mateo Counties which meet all applicable criteria of the Government Code if the
principal is fully insured by the Federal Deposit Insurance Corporation.
9.13. Acceptable Collateral
Securities collateralizing bank or savings and loan deposits must be rated “A” or higher.
10.14. Investments in Name of District
All investments purchased shall stand in the name of the District.
11.15. Reporting
The Controller shall report all security transactions to the board no later than the next Regular
Meeting of the Board of Directors after any transaction has been made. The Controller shall
submit a report of the District’s investment portfolios and security transactions to the Board of
Directors by the fourth second Wednesday Friday of each calendar month in accordance with
Government Code Sections 53607 and 53646. The Controller will render a quarterly investment
report to the Board of Directors as required by Government Code Section 53646. Such reports
shall also be submitted to the General Manager and to the District’s auditor.
12.16. Purchase of Securities
The Controller is authorized to purchase securities through the investment department of the
District’s commercial bankbond trustees and fiscal agents and as otherwise permitted by the
Government Code. Any account resolutions required by bank investment departments will be
submitted to the Board of Directors for approval prior to any trading through that bank. The
bank or other investment institution from which authorized securities are purchased shall be
instructed in writing only to purchase securities in the name of the District and that all matured
funds shall be returned to the District’s commercial bank account. The bank shall also be
instructed to send receipts for all transactions to the General Manager and the District accounting
department..
R-15-112
Meeting 15-20
August 12, 2015
AGENDA ITEM 6
AGENDA ITEM
Establishment of the Measure AA Bond Oversight Committee and adopting Committee Bylaws
GENERAL MANAGER’S RECOMMENDATION
1. Approve a resolution forming the Measure AA Bond Oversight Committee.
2. Approve the draft bylaws for the Measure AA Bond Oversight Committee.
SUMMARY
On June 3, 2014, the voters in the Midpeninsula Regional Open Space District (District) passed
Measure AA, authorizing the issuance of up to $300 million in general obligation bonds over a
thirty year period to be repaid with new property tax levies. The authorizing ordinance, as
approved by the voters, includes a requirement for a bond oversight committee charged with
reviewing bond expenditures to verify conformity with the adopted expenditure plan. At a study
session on September 24, 2014, the Board of Directors provided input regarding the Measure AA
Bond Oversight Committee’s (Committee) role, as well as its recruitment and meeting schedule.
Staff is returning with a draft of the Committee’s bylaws and a resolution to formally establish
the Committee.
DISCUSSION
Background
On June 3, 2014, the voters of the Midpeninsula Regional Open Space District passed Measure
AA authorizing the issuance of up to $300 million in general obligation bonds (Ordinance 14-
02). Section 3 of the Expenditure Plan attached to Measure AA includes the following language:
An Independent Citizen Oversight Committee [Measure AA Bond Oversight
Committee] will be formed to verify expenditures of bond proceeds. The
Independent Citizen Oversight Committee will consist of seven at-large members,
all of whom shall be District residents. The Citizen Oversight Committee will be
selected by the Board and interviewed and approved in open session, and will be
subject to the conflict of interest constraints of the California Political Reform
Act.
The responsibilities of the Committee include:
• Review Plan expenditures on an annual basis to verify conformity with the
Expenditure Plan.
R-15-112 Page 2
• Review District’s Annual General Obligation Bond Audit and Annual
Accountability Report and present the Committee’s findings to the Board
at a public meeting.
• Review any proposed amendments to the Expenditure Plan.
At a study session on September 24, 2014, the Board determined that the role of the Committee
should include only those charges as outlined in Ordinance 14-02 and directed staff to return
with draft bylaws governing the Committee. The Board also determined that the Committee
members’ term would start on July 1, 2016, approximately four months prior to the completion
of the audit of the first year’s expenditures.
Discussion
The Measure AA Bond Oversight Committee bylaws are based on the duties and requirements
outlined in Ordinance 14-02 and are intended to fulfill these requirements. The bylaws define
and set forth the following for the Committee:
• Purpose and Responsibilities
• Basic Operations
• Committee Lifespan
• Organizational Structure & Applicability of Existing District Policies and Practices
• Meeting Schedule
• Staff Support
• Member Appointment
At its September 24, 2014 study session, the Board determined that the selection process for
Committee members would be determined following the close of the application period for the
initial recruitment (December 2015).
FISCAL IMPACT
Once the Committee is established, staff time to support the Committee and necessary supplies
and materials will incur additional costs. These costs will be identified and incorporated into the
annual District Budget for approval by the Board.
BOARD COMMITTEE REVIEW
At its September 24, 2014 study session, the Board requested this item be brought directly to the
full Board of Directors.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Staff has also created an interested
party list of individuals who have expressed interest in the Committee. Direct notice of this
agenda item was mailed to all on the interested party list in addition to those who are on the
interested party list regarding the Measure AA Implementation process.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
R-15-112 Page 3
NEXT STEPS
Following adoption of the resolution forming the Measure AA Bond Oversight Committee, staff
will begin the recruitment process as outlined in Attachment 4. Staff will return at the close of
the application period to seek direction regarding the selection and appointment process.
Attachments
1. Resolution forming the Measure AA Bond Oversight Committee
2. Draft bylaws for the Measure AA Bond Oversight Committee
3. Draft application for Measure AA Bond Oversight Committee
4. Recruitment schedule for Measure AA Bond Oversight Committee
Responsible Department Head:
Steve Abbors, General Manager
Prepared by:
Jennifer Woodworth, District Clerk
Resolutions/2015/15-__MAA Oversight Committee 1
RESOLUTION NO. 15-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE MEASURE AA BOND OVERSIGHT COMMITTEE BYLAWS
WHEREAS, Section 3 of the Measure AA Expenditure Plan (Plan) states that “An
Independent Citizen Oversight Committee will be formed to verify expenditures of bond
proceeds”;
WHEREAS, the Plan requires that the Measure AA Bond Oversight Committee
(Committee) consist of seven at-large members;
WHEREAS, the Plan requires that members of the Committee be appointed by the
Board and shall be residents within the Midpeninsula Regional Open Space District’s
jurisdiction;
WHEREAS, the Plan describes the responsibilities of this Committee to include:
• Review Plan expenditures on an annual basis to verify conformity with the
Expenditure Plan.
• Review District’s Annual Audit and Annual Accountability report and present the
Committee’s findings to the Board at a public meeting.
• Review any proposed amendments to the Expenditure Plan.;
WHEREAS, the Committee will be referred to as the Measure AA Bond Oversight
Committee;
NOW, THEREFORE, BE IT RESOLVED, the Board of Directors of the Midpeninsula
Regional Open Space District approves the Measure AA Bond Oversight Committee Bylaws.
BE IT FURTHER RESOLVED, that the Board of Directors of the Midpeninsula
Regional Open Space District (District) further directs that the General Manager is hereby
authorized and directed, on behalf of the District and in its name, to execute and deliver such
other documents and to do such acts as may be deemed necessary or appropriate to accomplish
the intentions of the above resolution.
* * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2015, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1
Resolutions/2015/15-__MAA Oversight Committee 2
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
Attachment 1
Midpeninsula Regional Open Space District
Board Policy Manual
Measure AA Oversight
Committee Bylaws
Policy 1.___
Chapter 1 – Administration & Government
Effective Date: Revised Date:
Prior Versions:
Board Policy 1.__ Page 1 of 3
Purpose: The Measure AA Bond Oversight Committee (Committee) is appointed by the Board
of Directors (Board) for the Midpeninsula Regional Open Space District (District) in order to
promote transparency, and ensure oversight and accountability for all funds collected and
allocated under Measure AA.
Committee Responsibilities: The Committee has the following three responsibilities for each of
the years the Measure AA general obligation tax is collected or revenues expended:
• Review Plan expenditures on an annual basis to verify conformity with the Expenditure
Plan.
• Review the District’s Annual Audit and Annual Accountability report and present
the Committee’s findings to the Board at a public meeting.
• Review any proposed amendments to the Expenditure Plan.
The Committee Chair shall report the Committee’s findings at a public meeting of the Board of
Directors.
The Committee shall not have authority to recommend, advise, or direct any such matters that
may fall under its responsibility to review. The Committee is not advisory to the Board of
Directors and has no power to determine how General Fund monies are spent. The Board of
Directors retains its authority to make such decisions and determinations.
Committee Composition: The Committee shall consist of seven members, who are residents of
the District.
• All members must be at least 18 years of age and reside within the Midpeninsula
Regional Open Space District.
• Committee members may not be current District employees, District Board members, or
any vendor, contractor, or consultant with active contracts or agreements with the
Midpeninsula Regional Open Space District.
• If at any time during their term, a Committee member becomes aware of a potential
conflict of interest by a potential contract for services or other possible financial interest
in or with the District, the Committee member must notify both the staff contact and
the District Counsel immediately for legal review of the issue.
• If at any time during their term, a Committee member ceases to maintain their principal
place of residence within the District’s boundaries, then such person shall become
Attachment 2
Board Policy 1.__ Page 2 of 3
ineligible to continue to serve as a member of the Committee and said position shall be
declared vacant by the Board of Directors.
Committee Operations:
Quorum and voting: A majority of the Committee constitutes a quorum for the transaction of
business. The Committee shall make decisions only by an affirmative vote of at least a majority
of all members of the Committee.
Attendance: Members will actively support Committee activities and regularly attend
meetings. Accordingly, more than three absences during an 18-month period may be cause for
removal from the Committee by the Board of Directors.
Record: The Committee shall maintain a record of its meetings. Minutes of all meetings
consisting of actions taken and the time and place of each meeting shall be kept on file at the
District’s administrative office. District staff will prepare the minutes for each Committee
meeting with the assistance of the Committee Chair. A member roster and record of
Committee member attendance shall be maintained by the District Clerk.
Location of meetings: The Committee shall meet in the Board Room, 330 Distel Circle, Los
Altos, CA, at a time convenient to Committee members and the public or at some other
location designated by the Committee within the boundaries of the Midpeninsula Regional
Open Space District, which is available to members of the public and complies with state and
federal laws regarding accessibility.
Termination: A member’s term shall terminate on the occurrence of any of the following:
• The member voluntarily resigns by written notice to the Committee Chair or District
staff.
• The member fails to continue to meet the qualifications for membership, including
attendance and residency requirements.
Committee Lifespan: The Committee shall sunset (cease to exist) once it has reviewed and
reported on all audit reports covering the 30 years of Measure AA revenue collection. No
Board action is required to terminate the Committee.
Committee Member Terms of Office: The seven seats on the Committee will have the
following staggered terms of office:
Member Seats First Term Second Term
Appointment Expiration Appointment Expiration
1, 3, 5, 7 July 2016 December 2020 January 2020 December 2024
2, 4, 6 July 2016 December 2018 January 2018 December 2022
Each of the seats will be for four year terms, with the exception of seats 2, 4 and 6 during the
first term only. The first term for seats 1, 3, 5, and 7 will serve from July 2016 to December
Attachment 2
Board Policy 1.__ Page 3 of 3
2020, and seats 2, 4, and 6 will serve from July 2016 to December 2018. All subsequent terms
will be for four years running from January through December.
Committee Meeting Schedule: The Committee shall meet at least once annually. The District’s
fiscal year currently ends on June 30 of each year with the Annual Financial Audit Report
typically being provided in October each year. Consequently, the Committee shall meet each
fall to review the Annual Financial Audit Report to verify that District expenditures conform to
the Expenditure Plan. The exact meeting schedule will be dependent on the budget
preparation schedule and available meeting dates for Committee members, which may vary
from year to year.
When necessary the Committee shall meet to discuss any proposed amendments to the
Expenditure Plan. These meetings may occur without regard to the budget cycle. All meetings
of the Committee will be public and noticed in accordance with the Ralph M. Brown Act.
Committee Organization and use of Existing District Practices: The Committee shall follow all
relevant existing District practices in terms of organization and conduct. Specifically, that the
Committee:
• Shall choose a Chair and Vice-Chair at the first regular meeting of each year
• Shall operate in accordance with the Ralph M. Brown Act
• Shall comply with all state and local mandated conflict of interest/economic interest
disclosure requirements
• Shall receive no compensation for their service on the Committee
• Shall comply with all applicable District policies and procedures
In the event of any conflict between these bylaws and the Expenditure Plan or other provisions
of law, the Expenditure Plan or law shall prevail.
Recruitment: The General Manager’s Office shall make efforts to fill Committee vacancies as
soon as practical. Upon notification of a vacancy, whether planned or unplanned, staff shall
inform the Board of the status of recruitment efforts to fill the vacancy.
Appointments: Appointments of Committee members shall be placed on the agenda at a
Board of Directors meeting.
Attachment 2
APPLICATIONS DUE BY 12/11/2015
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPLICATION FOR MEASURE AA BOND OVERSIGHT COMMITTEE
Please print or type
Name:
Home Address:
Home Phone: Work Phone:
Email Address: Cell Phone:
Why do you want to serve on the Measure AA Bond Oversight Committee?
Do you have any training, expertise or experience that you would like the Board to consider as they
review your application for the Bond Oversight Committee?
If you have served on other oversight committees or advisory boards/commissions please list and
briefly describe your role:
Please provide two references including name, address, phone number, and relationship:
Please submit your application by email or mail to: Bond Oversight Committee
c/o Jennifer Woodworth, District Clerk
330 Distel Circle
Los Altos, CA 94022
jwoodworth@openspace.org
Attachment 3
APPLICATIONS DUE BY 12/11/2015
Applicant Requirements:
I am 18 years of age or older.
I am a resident of the Midpeninsula Regional Open Space District.
I am not an elected official or a public employee of any agency that oversees or benefits from the
proceeds o the Measure AA parcel tax or have any economic interest in any Measure AA-funded
projects or programs.
I have no economic interest (no contracts, no payments, etc) in the District.
MORE ABOUT THE MEASURE AA BOND OVERSIGHT COMMITTEE
The Committee is appointed by the Midpeninsula Regional Open Space District’s Board of Directors
pursuant to Measure AA to ensure accountability, transparency, and public oversight of all funds collected
and allocated under Measure AA.
The Expenditure Plan approved as part of Measure AA defines the Committee’s roles and responsibilities
as follows:
• Review Plan expenditures on an annual basis to verify conformity with the Expenditure Plan.
• Review District’s Annual Audit and Annual Accountability report and present the Committee’s
findings to the Board at a public meeting.
• Review any proposed amendments to the Expenditure Plan.
The Committee does not oversee any other District financial information nor do they set policy or provide
input or direction on projects, budgets, work plans, or financial matters pertaining to other District funds.
All actions, including decision about selecting projects for funding, will be made by the Board in public
meetings.
Attachment 3
Committee Recruitment Process
Prepare ads, announcements, application material 10/1/2015 10/10/2015
Place ad in Plug Into Nature Newsletter 10/5/2015 10/5/2015
Announce openings at Board Meeting (1) 10/14/2015 10/14/2015
Place ads in local newspapers 10/19/2015 10/19/2015
Place ads in Open Space Views 11/20/2015 11/20/2015
Place second ad in local newsletters 10/26/2015 10/26/2015
Place ad on website and at each office 10/1/2015 10/1/2015
Announce openings at Board meeting (2) 10/28/2015 10/28/2015
Place ad in Plug Into Nature Newsletter 11/5/2015 11/5/2015
Announce openings at Board meeting (3) 11/4/2015 11/4/2015
Announce openings at Board meeting (4) 11/18/2015 11/18/2015
Announce openings at Board meeting (4) 12/9/2015 12/9/2015
Application Submission Deadline 12/11/2015 12/11/2015
Review submitted applications to determine if selection criteria needs to be
adopted
12/11/2015 12/16/2015
Report to Board on number of qualified applicants 12/16/2015 12/16/2015
Board adopts policy on selection criteria, if needed 1/13/2016 1/13/2016
Schedule interviews 1/14/2016 1/14/2016
Prepare Board binders with applications 1/13/2016 1/20/2016
Distribute Board binders 1/27/2016 1/27/2016
Board interviews applicants at Special Board mtg (round 1) 2/11/2016 2/11/2016
Board interviews applicants at Special Board mtg (round 2) 2/17/2016 2/17/2016
Board votes to appoint BOC members 3/23/2016 3/23/2016
Ceremonial Oath of Office 4/13/2016 4/13/2016
Bond Oversight Committee (BOC) Work
BOC binder prepared and distributed 6/1/2016 6/30/2016
BOC term starts 7/1/2016 7/1/2016
Mtg 1 - Orientation of BOC members to the District 8/18/2016 8/18/2016
GO Bond Audit received from auditor 10/31/2016 10/31/2016
Prepare BOC packet of information and distribute 10/31/2016 11/9/2016
Mtg 2 - BOC Review GO Bond Audit & Staff Report 11/15/2016 11/15/2016
If needed - prep added reporting/support documents
If needed - hold BOC follow-up meeting 12/8/2016 12/8/2016
Attachment 4
R-15-118
Meeting 15-20
August 12, 2015
AGENDA ITEM 7
AGENDA ITEM
Approval of Salary Adjustments and Revised Employment Agreements for Board Appointees
General Counsel and District Controller
BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS
As a result of the Board’s evaluation of the performance of the District’s Board Appointees for
Fiscal Year 2014-15, the Board Appointee Evaluation Committee recommends the following
compensation adjustments for its Board Appointees for Fiscal Year 2015-16: Adjust the General
Counsel’s base salary upward to $212,152, plus a one-time bonus of $10,200 and retain the
Controller’s base salary of $45,153 in anticipation of a reduction in hours, plus a one-time bonus
of $2,300.
The Board Appointee Evaluation Committee recommends the adoption of resolutions approving
the salary adjustments set out in Recommendations and authorizing the Board President to
execute revised Board Appointee Employment Agreements.
DISCUSSION
The Board Appointee Evaluation (BAE) Committee was established to conduct the evaluation
process for its Appointees. The BAE Committee was instructed to serve as the District’s
negotiator and met with the Board Appointees to discuss their performance and compensation.
The Board has three appointees: the General Manager, the Controller, and the General Counsel.
The Board, working through the BAE Committee, implemented this process and completed this
year’s annual evaluation of the performance of its three Board Appointees, the General Manager,
General Counsel and the Controller, during several meetings in June through August, 2015.
The Board was very pleased with the performance of its Appointees during the last fiscal year
and resulting success of District programs and projects carried out as part of their duties. The
accomplishments for FY2014-15, upon which the Appointees’ evaluations were based, were
described in detail in the Year-End Review of the FY2014-15 Action Plan. Further evaluation
comments from the BAE Committee and the full Board were provided to each appointee during
their performance evaluations, summarized in the attached resolutions. Based on these
performance evaluations in FY2014-15, the BAE Committee recommends providing the General
Counsel and Controller compensation noted above. Approval of the General Manager’s salary
adjustment and revised Employee Agreement will be brought to the Board at a later meeting.
R-15-118 Page 2
Also working through the BAE, the Board negotiated new employment agreements with the
three appointees, updating the compensation and benefit information, and making other changes
to reflect the Board’s efforts to continue to strive for best practices in management of appointed
employees
COMMITTEE REVIEW
The recommended performance review and salary adjustments were thoroughly reviewed by the
Board Appointee Evaluation Committee, prior to review by the Board.
FISCAL IMPACT
For the General Counsel: Total annual salary plus adjustments = $212,152, with a one-time 5%
bonus of $10,200.
For the Controller: Total salary = $45,153 with a one-time 5% bonus of $2,300.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act (CEQA).
NEXT STEPS
If approved, the compensation adjustments and merit bonuses will be implemented as set out in
the Resolutions attached, and the employment agreements will go into effect immediately.
Attachments:
1. Resolution Approving Salary Adjustment and Revised Employment Agreement for General
Counsel
2. Resolution Approving Salary and Revised Employment Agreement for the District Controller
3. General Counsel Employee Agreement
4. District Controller Employee Agreement
Submitted by: Board Appointee Evaluation Committee
Director Kishimoto
Director Harris
Director Siemens, Chair
Resolutions/2015/15-_ GC Salary 1
RESOLUTION NO. 15-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A
REVISED EMPLOYMENT AGREEMENT FOR THE DISTRICT
GENERAL COUNSEL
WHEREAS, effective March 19, 2012, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Counsel Employment Agreement
(“Agreement”) with Sheryl Schaffner, employing her as the District's General Counsel; and
WHEREAS, the Agreement provides for an annual review of the General Counsel’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, General Counsel’s help with activities leading up to and following the
MAA election contributed significantly to facilitating the passage of the measure. Her objectives
were met, except where circumstances were beyond her control. Outside counsel selection has
been outstanding. General Counsel’s working relationship with the General Manager has been
very good. She has been very proactive in anticipating issues, and in ways to respond. General
Counsel has used in-house legal expertise where possible, rather than using 100% outside
consultants, and making good use of networking contacts.
WHEREAS, the Board, based on its annual review of the General Counsel’s
performance, in recognition of her outstanding performance during Fiscal Year 2014-2015
desires to grant the General Counsel a 4.0% increase to bring her base salary up to $212,152,
along with a 5 percent meritorious bonus ($10,200); and
WHEREAS, the Board and General Counsel have agreed on a revised Employment
Agreement to incorporate previous amendments, reflect currently accepted formats, and the
increased compensation.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this
resolution an increase of her base salary $212,152 retroactive to April 1, 2015 for Fiscal Year
2015-16, a 5 percent ($10,200) one-time merit bonus in recognition of her performance during
Fiscal Year 2014-2015, and authorizes the President of the Board of Directors or other
authorized Board Officer to execute a revised District General Counsel Employment Agreement.
* * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2015, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Resolutions/2015/15-_ GC Salary 2
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
Resolutions/2015/15-_ DC Salary 1
RESOLUTION NO. 15-__
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A
REVISED EMPLOYMENT AGREEMENT FOR THE DISTRICT
CONTROLLER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula Regional
Open Space District entered into a District Controller Employment Agreement (“Agreement”)
with Michael L. Foster , employing him as the District's Controller; and
WHEREAS, the Agreement provides for an annual review of the Controller’s
performance and determination of meritorious pay, which the Board has completed; and
WHEREAS, the Controller’s help was critical to passage of Measure AA, as well as in
the planning for the future structuring and growth of the District. His long view of the business
model for the District has contributed significantly to its current holdings, and now with passage
of measure AA, his models will help ensure our future success. All key objectives were met,
along with additional ones that developed over time. Largely through Mike’s financial guidance
the District has secured excellent bond rates.
WHEREAS, the Controller’s significant accomplishments of the year were [1] Strategic
planning for our first tranche of general obligation bonds, [2] completing a very profitable sale of
2015 Refunding Notes, [3] establishing our first comprehensive policies for financial reserves
and continuing disclosure, [4] supporting a successful Financial and Operational Sustainability
Model Study process, and [5] making initial progress on transferring his responsibilities and
knowledge to regular employees and teams. Responding to the Security and Exchange
Commission’s Municipalities Continuing Disclosure Cooperation Initiative, including extensive
audits of our past continuing disclosures, analyzing and evaluating the discrepancies, and
crafting the Districts final response was difficult but led to a positive result.
WHEREAS, the Board, based on its annual review of the Controller’s performance, and
in anticipation of a reduction of up to 10 percent in his work hours, desires to retain his base
salary of $45,153 per year, along with a $2,300 one-time bonus in recognition of his performance
during Fiscal Year 2014-2015; and
WHEREAS, the Board and Controller have agreed on a revised Employment Agreement
to incorporate previous amendments, reflect currently accepted formats, and his compensation.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the Controller by adoption of this
resolution an adjustment to retain his base salary of $45,153 per year for Fiscal Year 2015-16, a
$2,300 one-time bonus in recognition of his performance during Fiscal Year 2014-2015, and
authorizes the President of the Board of Directors or other authorized Board Officer to execute a
revised District Controller Employment Agreement.
Resolutions/2015/15-_ DC Salary 2
* * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2015, 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
DISTRICT GENERAL COUNSEL EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made this ____ day of _______ 2015, by and
between Midpeninsula Regional Open Space District, a California public entity (“District”), and
Sheryl L. Schaffner (“Schaffner” or “General Counsel”).
WHEREAS, the District engaged Schaffner as its General Counsel under a contract entered into
on February 29, 2012, which contract continues in force as of the date of entry into this contract;
and
WHEREAS, in the time that has passed since entry into the existing contract, the Board of
Directors (“Board”) for the District and Schaffner have agreed to a series of compensation and
benefits changes, which are reflected in the District’s records but not in the employment contract,
rendering it out-of-date;
WHEREAS, with this new contract the District wishes to replace and supersede the prior
contract, updating the compensation and benefit information, and to make other changes to
reflect the Board’s efforts to continue to strive for best practices in management of appointed
employees.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Appointment of District General Counsel
The District’s Board of Directors (hereinafter Board) hereby enters into this Agreement
with Schaffner to continue in the position of General Counsel of the District. The parties
to this Agreement are the District, through its Board, and Schaffner.
2. Essential Duties
The General Counsel shall perform her duties consistent with due diligence, according to
the highest and most professional standards, and in compliance with all federal, state and
local laws, ordinances, rules and regulations which are applicable to or associated with
the performance of such duties.
A. Administrative Duties
1) The General Counsel shall attend all regular and special meetings of the
District Board of Directors as needed, and may, when appropriate,
delegate this duty to an Assistant General Counsel. The General
Counsel’s duties in this connection shall be to render advice and
opinions with respect to legal matters which may arise during such
meetings, except legal matters which may pertain to proceedings
wherein specialized legal services are to be provided by special counsel
or which do not fall within the General Counsel’s scope of duties.
ATTACHMENT 3
District General Counsel Page 2
Employment Agreement
2) The General Counsel shall also attend meetings of committees and staff
of the District when requested to do so by the District Board of Directors
or the District General Manager and when necessary to render legal
advice to committees and project teams.
3) When requested to do so by the District Board of Directors, District
General Manager, or Department Managers, the General Counsel shall
prepare and review resolutions, notices, contracts, leases, ordinances and
other legal documents and papers in matters pertaining to the District,
and shall also examine for legal sufficiency all documents submitted to
her by the District.
4) The General Counsel shall perform legal research as required to attend
to the legal needs of the District and shall review legislation and court
decisions to determine their effect upon District affairs.
5) The General Counsel shall cooperate with and assist the District, its
officers, directors, agents and employees on all general legal matters
pertaining to the District, including the enforcement of District laws,
ordinances and codes.
6) The General Counsel shall also perform such other related and
appropriate legal services for the District as may be requested by the
District Board of Directors or the District General Manager.
7) The General Counsel shall properly supervise, evaluate and manage
those District employees that report to her.
8) The General Counsel shall be responsible for the District’s risk
management program in coordination with the California Joint Powers
Insurance Authority for all matters except the Worker’s Compensation
Program.
B. Litigation Duties
When requested to do so by the District Board of Directors, the General Counsel
shall represent the District in legal and administrative proceedings to which the
District may be a party.
3. Acting General Counsel
The General Counsel shall assign an Assistant General Counsel to serve as Acting
General Counsel to the District in cases where the General Counsel is unable to act
due to illness, vacation or other reason. The selection of Acting General Counsel
shall be subject to the approval of the District Board of Directors where the
appointment exceeds three weeks.
District General Counsel Page 3
Employment Agreement
4. Other Duties and Responsibilities
It is recognized that the District normally contracts with special counsel in certain matters
pertaining to the District, such as labor relations, worker’s compensation, general liability
and bond issues. In the event legal services are provided by special counsel, the General
Counsel will be responsible for general oversight in such cases to ensure the District is
effectively represented in a cost-effective manner and for providing general legal
assistance and support to the special counsel as needed.
5. Compensation and Benefits
A. Salary. As compensation for the services to be performed hereunder, the General
Counsel shall receive an annual salary adjustment of $________, bringing her
annual base salary to $212,152. The effective date for this adjustment to the
General Counsel’s salary will be retroactive to April 1, 2015.
B. Annual Salary Adjustment and Performance Review: The Board shall annually
review the General Counsel’s performance pursuant to the Board’s labor policy
“Board Appointee Performance Evaluation Process.” The Board may review
Schaffner’s performance at any time as determined necessary and appropriate by
the Board. During the annual performance review, or such other time as
determined appropriate by the Board, either party may propose to modify, amend,
or terminate this Agreement. The Board may consider an annual salary
adjustment for the General Counsel. Unless the parties agree otherwise, any such
annual salary adjustment will retroactively apply to the beginning of the District’s
fiscal year..
C. Meritorious Pay: The District may grant the General Counsel a meritorious pay
award, ranging from 0% to 5% over and above the General Counsel’s annual base
salary. Such meritorious pay shall be based on the Board’s annual review of the
General Counsel’s performance and pursuant to the Board’s labor policy “Board
Appointee Performance Evaluation Process” which sets out the conditions and
eligibility for such merit pay and the criteria and objectives to be considered
during the evaluation. Meritorious pay shall not be a salary adjustment, but rather
recognition for performance during the previous year of service.
D. Benefits: The General Counsel shall receive the benefits available to regular full
time employees of the District including those set out in the District Personnel
Policies and Procedures Manual (“Manual”) on the same terms available to these
employees. The General Counsel may participate in any District optional benefit
plan at her own cost.
E. Retirement Plan: The District contracts with the California Public Employees’
Retirement System (“PERS”) to provide its miscellaneous employees the Local
Miscellaneous 2.5% at 55 retirement plan (“the Plan”). Schaffner is eligible to
participate in the Plan. Pursuant to the Board resolution No. 15-14, effective
District General Counsel Page 4
Employment Agreement
February 11, 2015, the District does not pay any portion of the employee’s
normal member contribution.
F. Leaves and Holidays: The General Counsel shall earn vacation, administrative
and sick leave at the current rate of accrual for Department Managers and will
receive District-paid holidays, in accordance with the Manual.
G. Mileage Allowance: The General Counsel will be eligible to receive mileage
reimbursement at the applicable District rate for use of her personal vehicle on
District business.
H. Membership and Conferences. The District shall pay for the General Counsel’s
membership and/or participation in organizations and conferences relevant for her
continued professional growth and advancement and/or related to the District’s
business, in addition to any membership payments offered to employees in the
Manual or Administrative Policy (Professional Dues, Membership Program &
Tuition Reimbursement). The District shall reimburse the General Counsel for
travel expenses consistent with the District’s travel, lodging, and meal
reimbursement policy.
6. Term of Agreement
Schaffner shall begin service under this Agreement on the last date signed below and this
Agreement shall remain in effect up to, and including, the last day of the 2016-2017
fiscal year, June 31, 2017), or until terminated by either party pursuant to Section 7 of
this Agreement, or modified by mutual written agreement.
The District may elect not to renew this Agreement by providing written notice to the
General Counsel one hundred and eighty (180) days prior to the expiration of the
Agreement, including any succeeding term.
Beginning July 1, 2017, and every six (6) month period commencing on the first day of
the succeeding month thereafter, the term of this Agreement shall be automatically
extended by six (6) months, without any action taken by the Parties, unless: A) this
Agreement is otherwise modified by mutual written agreement; B) the District provides
written notice of non-renewal no later than 180 days before the expiration of the term; or,
C) pursuant to Paragraph 7, either party terminates the Agreement. The terms and
conditions of each six-month renewal period shall be the same as those within this
Agreement.
Notwithstanding any other provision, the General Counsel shall not be entitled to, nor
receive, any severance pay upon expiration, or the District’s timely notice of non-
renewal, of this Agreement. Expiration by timely notice of non-renewal of the
Agreement shall not constitute an action by the District to terminate the Agreement, as
described in Paragraph 7 of this Agreement.
District General Counsel Page 5
Employment Agreement
7. Termination and Severance Pay
Notwithstanding any other provision, the General Counsel is an at-will employee
serving at the pleasure of the District Board of Directors and may be discharged at
any time without cause. There is no express or implied promise made to the General
Counsel of continued District employment.
The General Counsel may terminate this Agreement upon forty-five (45) days’
written notice to the District. In the event the General Counsel resigns or retires, or
upon death, she shall not be entitled to, nor receive, any severance pay as set forth in
this section.
The District may terminate this Agreement by written notice to the General Counsel
at any time.
In the event that the District terminates this Agreement for reasons other than cause,
and the Agreement does not otherwise expire, the District shall compensate the
General Counsel with severance pay in the amount equal to six (6) months’ base
salary as of the date of termination. This section is intended to comply with Section
53260 et seq. of the California Government Code. This severance payment shall be
made within five (5) days of the effective date of the termination, and is subject to
applicable withholding taxes.
Any severance pay that the General Counsel may receive from the District shall be
fully reimbursed to the District if the General Counsel is convicted of a crime
involving an abuse of her office or position. This Agreement shall be subject to the
provisions of Government Code sections 53243-53243.4 which require
reimbursement to the District under circumstances stated therein.
If the District determines this Agreement should be terminated for cause, then the
District shall, at any time, provide the General Counsel with written notice of
termination that specifies the effective date of the termination. The District shall
provide the general reasons for termination in this notice. The District will not be
required to provide any notice period or pay the General Counsel any severance pay
where the District terminates this Agreement for cause. The General Counsel will be
provided an opportunity to appeal by asking for a meeting with the Board, which will
be held within 10 days of the General Counsel’s request. Said meeting may be in
closed session, unless the General Counsel asks that it be in open session. The
Board’s decision on the appeal will be final.
As used in this section, “cause” shall include:
a. Violation of administrative policies and procedures;
b. Abuse of office or position;
c. Theft of District property;
d. Insubordination;
District General Counsel Page 6
Employment Agreement
e. Conviction of a felony, or conviction of a misdemeanor relating to General
Counsel’s fitness to perform assigned duties;
f. Unauthorized or excessive absences from the District;
g. Failure to maintain satisfactory working relationships with other employees or
the public;
h. Improper use of District funds;
i. Unauthorized use of District property;
j. Willful misconduct or malfeasance;
k. Any act of moral turpitude or dishonesty;
l. Other failure of good behavior either during or outside of employment such
that General Counsel’s conduct causes discredit to the District;
m. Violation of the Political Reform Act;
n. Loss or disbarment or suspension of California State Bar license, and/or
o. Violation of Government Code Section 1090.
Termination for cause shall also include an agreement by the District that the General
Counsel may resign in lieu of termination for cause.
8. Entire Agreement
This Agreement contains the entire agreement and understanding between the parties.
There are no oral understandings, terms or conditions, and neither party has relied upon
any representation, express or implied, not contained in this Agreement.
9. Effect of Waiver
No waiver by a party of any provision of this Agreement shall be considered a waiver of
any other provision or subsequent breach of the same or of any other provision, including
the time for performance of any such provision. The exercise by a party of any remedy
provided in this Agreement or at law shall not prevent the exercise by that party of any
other remedy provided in this Agreement or at law.
10. Supersedes Prior Agreement
This Agreement supersedes any and all previous employment agreements and
amendments thereto entered into by and between the District and the General Counsel.
11. Amendment
This Agreement cannot be changed or supplemented orally. No amendment,
modification, alteration, or variation in the terms of this Agreement is valid unless made
in writing and signed by both parties.
District General Counsel Page 7
Employment Agreement
12. Notices
Any notices to be given by either party to the other shall be made in writing by
personal delivery, or the United States Postal Office via Service Priority Mail
Express, postage prepaid, with return receipt requested. Notices delivered personally
shall be deemed received as of actual receipt; mailed notices shall be deemed
received as of three days after the date postmarked. Mailed notices shall be addressed
to the respective parties as follows:
To the District: Midpeninsula Regional Open Space District
Attention: President, Board of Directors
330 Distel Circle
Los Altos, CA 94022
To the General Counsel: Sheryl L. Schaffner, General Counsel
At her last known home address as reflected in the
District’s personnel records.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this ____
day of __________ 2015, at Los Altos, California.
MIDPENINSULA REGIONAL OPEN GENERAL COUNSEL:
SPACE DISTRICT:
By: ____________________________ ________________________
Board President Sheryl L. Schaffner
Date: ____________________________ Date: __________________
ATTEST: __________________________________
Jennifer Woodworth, District Clerk
1
DISTRICT CONTROLLER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made and entered into this __th day of _____,
2015, by and between Midpeninsula Regional Open Space District, a California public entity
(“District”), and Michael L. Foster (“Foster” or “Controller”).
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Appointment of District Controller
The District’s Board of Directors (hereinafter Board) hereby enters into this Agreement
with Foster to continue in the position of Controller of the District. The parties to this
Agreement are the District, through its Board, and Foster.
2. Essential Powers and Duties
A) The Controller’s powers and duties shall be as specified in Sections 5538, 5552
and 5553 of the Public Resources Code of the State of California; and
B) Such other duties as the Board may direct consistent with the District’s enabling
legislation; and
C) The Controller shall perform his duties and exercise his powers consistent with
due diligence, according to the highest and most professional standards, and in
compliance with all federal, state and local laws, ordinances, rules and regulations
which are applicable to or associated with the performance of such duties.
3. Hours, Compensation and Benefits
Hours, compensation and benefits shall be as set forth herein.
A) Hours. The Controller’s position shall be part time, and his regular work hours
shall be generally 10 hours of service per week, with anticipated reduction of up
to 10% as new financial personnel are hired.
B) Salary. As compensation for the services to be performed hereunder, the
Controller shall receive an annual base salary of $45,153, and the effective date of
this is April 1, 2015.
C) Annual Salary Adjustment and Performance Review. The Board shall annually
review the Controller’s performance pursuant to the Board’s labor policy “Board
Appointee Performance Evaluation Process.” The Board may review Foster’s
performance at any time as determined necessary and appropriate by the Board.
During the annual performance review, or such other time as determined
appropriate by the Board, either party may propose to modify, amend, or
terminate this Agreement. The Board may consider an annual salary adjustment
for the Controller. Unless the parties agree otherwise, any such annual salary
ATTACHMENT 4
2
adjustment will retroactively apply to the beginning of the District's fiscal year
(e.g., April 1st).
D) Meritorious Pay. The Board may grant the Controller a meritorious pay award,
ranging from 0% to 5% over and above the Controller’s annual salary and in
addition to consideration of a possible annual salary increase. Such meritorious
pay award shall be based on the Board's annual review of the Controller’s
performance and pursuant to the Board’s labor policy “Board Appointee
Performance Evaluation Process” which sets out the conditions and eligibility for
such merit pay and the criteria and objectives to be considered during the
evaluation. Meritorious Pay shall not be a salary adjustment, but rather
recognition for exceptional performance during the previous year of service which
exceeds regular and expected duties, such as complex or time-consuming special
projects.
E) Benefits. Unless required by law (e.g., AB 1522 Paid Sick Leave Law), and other
than as set forth in Section 4 of this Agreement, the Controller shall not receive
any District Benefits, including but not limited to paid leave or health benefits.
4. Retirement Plan.
The District contracts with the California Public Employees’ Retirement System
(CalPERS) to provide its miscellaneous employees a retirement plan (“the Plan”). The
Controller will be eligible to become a member of the Plan upon working the specified
number of hours set out in Government Code Section 20305. The Controller’s
membership in the Plan shall be effective not later than the first day of the first pay
period of the month following the month in which the required number of hours has been
worked by the Controller. The applicable retirement formula under the Plan is dependent
upon whether CalPERS considers the Controller to be a new or classic member. Pursuant
to the Board resolution No. 15-14, effective February 11, 2015, the District does not pay
any portion of the Controller’s normal member contribution.
5. Termination
Notwithstanding any other provision, the Controller is an at-will employee serving at the
pleasure of the District Board of Directors and may be discharged at any time, without
cause and without right of appeal of any kind. The Controller may terminate this
Agreement upon sixty (60) days’ written notice to the District. The Controller is not
entitled to receive any severance pay upon either party’s termination of this Agreement.
This Agreement shall be subject to the provisions of Government Code sections 53243-
53243.4 which require reimbursement to the District under the circumstances stated
therein.
3
6. Entire Agreement
This Agreement contains the entire agreement and understanding between the parties.
There are no oral understandings, terms or conditions, and neither party has relied upon
any representation, express or implied, not contained in this Agreement.
7. Effect of Waiver
No waiver by a party of any provision of this Agreement shall be considered a waiver of
any other provision or subsequent breach of the same or of any other provision, including
the time for performance of any such provision. The exercise by a party of any remedy
provided in this Agreement or at law shall not prevent the exercise by that party of any
other remedy provided in this Agreement or at law.
8. Supersedes Prior Agreement
This Agreement supersedes any and all previous employment agreements and
amendments thereto entered into by and between the District and the Controller.
9. Amendment
This Agreement cannot be changed or supplemented orally. No amendment,
modification, alteration, or variation in the terms of this Agreement is valid unless made
in writing and signed by both parties.
10. Notices
Any notices to be given by either party to the other shall be made in writing, by personal
delivery, United States Postal Service, or by Federal Express/overnight mail, with
postage prepaid. Notices delivered personally shall be deemed received as of actual
receipt; mailed notices shall be deemed received as of one business day following the
date of mailing of the notice. Mailed notices shall be addressed to the respective parties
as follows:
To the District: Midpeninsula Regional Open Space District
Attention: President, Board of Directors
330 Distel Circle
Los Altos, California 94022
To the Controller: Michael L. Foster, District Controller
[at his last known home address as reflected in the
District’s personnel records]
Any party may change his/its address for the purpose of this section by giving written
notice of such change to the other party in the manner herein provided.
4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective this __ day
of _____ 2015, at Los Altos, California.
MIDPENINSULA REGIONAL OPEN DISTRICT CONTROLLER:
SPACE DISTRICT:
By: _________________________ By: _________________________
Board President Michael L. Foster
Date: _________________________ Date: _________________________
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Jennifer Woodworth, District Clerk Sheryl Schaffner, General Counsel
R-15-121
Meeting 15-21
August 12, 2015
AGENDA ITEM 8
AGENDA ITEM
Approval of Contract with Geocon Consultants, Inc. for Environmental Consulting and
Hazardous Waste Disposal Services at the former Driscoll Ranch Area of La Honda Creek Open
Space Preserve
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into a professional services contract with Geocon
Consultants, Inc. for a total contract amount not to exceed $69,000, which includes the project
proposal amount of $60,000 and a fifteen percent contingency amount of $9,000 to perform
environmental consulting and hazardous waste disposal services at the former Driscoll Ranch
Area of La Honda Creek Open Space Preserve.
SUMMARY
During excavation of one of the largest sites of the Measure AA Project 7-2: Fisheries
Restoration project at the former Driscoll Ranch area, a previously unknown ranch dump site
was encountered at the bottom of the drainage. Strong petroleum and solvent odors, stained
soils, and waste debris were encountered and required work was suspended while initial site
investigation work was completed. Based on the initial investigation, the assistance of an
environmental consultant is required to complete the removal, characterization, and disposal of
the contaminated debris. Staff recommends entering into a contract with Geocon Consultants,
Inc. to complete these services.
MEASURE AA
The environmental consulting services being authorized under this contract are a component of
Measure AA Project 7-2: Fisheries Restoration, which is part of the larger La Honda Creek
MAA Portfolio Number 7, Driscoll Ranch Public Access, Endangered Wildlife Protection and
Conservation Grazing. The 5-year Measure AA Project List was approved by the Board of
Directors on October 29, 2014.
DISCUSSION
The District entered into a construction contract with Half Moon Bay Grading and Paving in
June 2015 to implement the Driscoll Ranch Roads Sediment Reduction and Pond Restoration
Project at the La Honda Creek Open Space Preserve (OSP) (see R-15-89). This project is being
implemented to reduce sediment input from the rural road sources within the Harrington, Bogess
and La Honda Creek drainages, which are all tributaries to San Gregorio Creek. San Gregorio
R-15-121 Page 2
Creek is a sediment impaired watershed that is habitat for two federal and state endangered fish
species: Coho salmon and steelhead. Sediment is a known limiting factor for these species as it
impacts their ability to breed and thrive within a stream.
Construction began on July 7, 2015, with Half Moon Bay Grading and Paving quickly
mobilizing and beginning work on priority sites. During excavation of one of the largest sites on
July 30, 2015, a previously unknown ranch dump site was encountered at the bottom of the
drainage. In the course of removing several vehicles from the fill soils at this site, strong
petroleum and solvent odors, stained soils, and waste debris were encountered. Upon discovery
of these unanticipated conditions, site work was suspended and staff contacted Geocon
Consultants, Inc. (Geocon) to assist in an initial investigation and recommendations for
completing the removal, characterization, and disposal of contaminated debris.
Geocon has previously provided environmental consulting services to the District for ranch
waste debris and had recently completed assisting the District in hazardous waste issues at the
Mindego Ranch area of Russian Ridge Open Space Preserve. Geocon was able to mobilize and
investigate the encountered contaminated materials at La Honda Creek OSP under an existing
contract, while staff prepared a contract for services for the La Honda Creek OSP Site.
Construction delays due to unanticipated conditions have the potential to add considerable costs
to the project because of the idled equipment and personnel, therefore rapid resolution to the
hazardous conditions is not only in the best interests of protecting worker safety and the
environment, but also protects the District’s financial interests. Currently, the contractor’s
equipment and personnel costs at the La Honda site are approximately $5,000 per day.
Given the time sensitivity and complexities associated with the environmental services required
at La Honda Creek OSP, a sole source contract is recommended for Geocon to complete the
remediation services for the dump site based on Geocon’s familiarity with the Preserve site and
nearby environs. Additionally, Geocon has successfully completed projects for the District at a
fair and reasonable competitive price, and was immediately available to work on the project. In
accordance with Administrative Policy 04-04 “Administrative Policy: Public Contract Bidding,
Vendor, Professional Consultant Selection and Purchasing,” and the Board’s “Public Contract
Bidding, Vendor, and Professional Consultant Selection, and Purchasing Policy,” the General
Manager is proposing to enter into a sole source contract with Geocon, due to the reasons
discussed above. These Board and Administrative policies provide:
“Occasionally, … supplies, material, equipment, or services are of a
unique type, are of a proprietary nature, or are otherwise of such a
specific design… or are specifically necessary for purposes of
maintaining cost effective system consistency, so as to be available
from only one source.”
Given that Geocon has performed significant work on this project to date and has a unique
familiarity with the Preserve, the General Manager recommends entering into a contract with
Geocon to allow the project to continue forward in a cost-effective and efficient manner, at a fair
and reasonable price.
R-15-121 Page 3
FISCAL IMPACT
The fiscal impact of approving this contract is a not-to-exceed $69,000 project cost. The funding
for the contract for services with Geocon Consultants, Inc. will come from the MAA 5-2: Upper
La Honda Creek Grazing Infrastructure Project. The Natural Resources Department FY2015-16
budget for this project will require additional funds to be reallocated from other capital projects
in order to fund this contract. Sufficient funds are available to be reallocated from the Upper La
Honda Creek – Grazing Infrastructure project, which is not being completed this year due to the
ongoing drought.
The not-to-exceed $69,000 project cost estimate includes Geocon’s services to observe, sample,
and prepare regulatory reports of the contaminated soils removal, as well as estimated costs for
transportation and disposal of contaminated materials, which accounts for nearly half of the
projected costs.
BOARD COMMITTEE REVIEW
The full Board authorized the District to enter into a grant agreement with the California
Department of Fish and Wildlife (CDFW), Fisheries Restoration Grant Program in 2012. Due to
the full Board’s review, separate Board Committee review was not necessary for this contract
award.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Awarding the bid and issuing a contract agreement for construction services for implementation
of the Driscoll Ranch Roads Sediment Reduction and Pond Restoration Project is consistent with
the Mitigated Negative Declaration and Mitigation Monitoring Plan for Implementation of the La
Honda Creek Master Plan, approved by the Board on August 22, 2012 (see Report R-12-83). No
negative environmental impacts are anticipated from this project beyond what was analyzed in
the MND/MMP.
NEXT STEPS
If the General Manager’s recommendation is approved by the Board, a contract with Geocon
Consultants, Inc will be executed to complete the scope of services described above.
Responsible Department Head:
Kirk Lenington, Natural Resources Department
Prepared by:
Kirk Lenington, Natural Resources Manager
DATE: August 12, 2015
MEMO TO: MROSD Board of Directors
THROUGH: Stephen E. Abbors, General Manager
FROM: Aaron Hébert, Project Manager
SUBJECT: Upper La Honda Demolitions
_____________________________________________________________________________
SUMMARY
The FY2015-16 Action Plan includes the demolition of structures in La Honda Creek Open Space
Preserve as a Key Project, which first originated as one of the management recommendations under
the Preserve Master Plan, which the Board of Directors approved in August 2012. The former
“Paulin” property contains a small house built in the 1970s, as well as an outbuilding, and both are
located adjacent to the “Redwood Cabin.” The demolition will only include the house and the
outbuilding. The former “Houghton” property contains a rented residence and garage, a separate
second garage, the “White Barn,” and a small, vacant house. The demolition will only include the
small, vacant house. The total demolition cost for both properties is estimated at $200,000.
DISCUSSION
The La Honda Creek OSP Master Plan analyzed all of the structures in the Preserve. The plan
recommended preservation of the Red Barn, White Barn, and Redwood Cabin, and the utilization of
a number of structures as District residences or farm and grazing infrastructure. The plan also
included the demolition of a number of buildings determined to be unusable given their condition
and location, including the three buildings discussed above located on the Houghton and Paulin
properties. These structures contain lead and asbestos. The Houghton structure, though more than
50 years old, has been determined by an architectural historian and the San Mateo County Historic
Resource Advisory Board to not be historically significant. No bats are present in the Houghton
house. Salvage and recycling potential is limited by the deteriorated condition of the house. The
Paulin structures are less than 50 years old. Bat surveys have confirmed the presence of a single day
roosting Townsend’s big-eared bat and three day-and-night roosting Myotis in the Paulin
outbuilding. Pre-construction bat surveys and exclusions measures will be required immediately
prior to demolition. The project is scheduled to begin after the maternity roosting season ends in
August. The degraded condition of the structures limits the salvage potential.
NEXT STEPS
Staff will develop the bid package and take the projects out to bid. An award of contract for the
demolition work is expected to be brought to the full Board for consideration in September.
Attachments: Maps and Pictures
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L a H o n da C r e e k
Harrington
Cr
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Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic t
Pa u l i n a n d H o u g ht o n D e m o l i t i o n M a p
July, 2015
Path: G:\Projects\La_Honda_Creek\Paulin and Houghton Demolition\LHC_PaulinHoughtonDemolition_BoardMeeting20150714.mxd
Created By: jhawk
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(MROSD)
Ot her Pr o t ect ed O p en Sp a ceor Pa rk La nd s
MR O S D Prese rve s
Pr i va te Pr o per t y
While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures.
Area ofDetail
La Honda CreekOpen Space Preserve
El Cortede MaderaOpen SpacePreserve
£¤1
£¤84
£¤280
£¤35
WunderlichCounty Park
"White" barn andHoughton house
Redwood cabin andPaulin house
£¤35
£¤84
""Struct u re
Bear G ulch R o a d
Allen Road(priv
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B e a r G u l c h Road
S t a r w o o d D r i v e
HalfMoonBay
La Honda
RedwoodCity
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Demo l i ti o n ar eaUrban Ar ea
Other Pub li c A ge ncy
EXHIBIT A: MAP AND PICTURES OF PAULIN AND HOUGHTON DEMOLITIONS
Paulin House
Paulin Outbuilding
Houghton House
DATE: August 12, 2015
MEMO TO: MROSD Board of Directors
THROUGH: Stephen E. Abbors, General Manager
FROM: Andrew Taylor, Senior Accountant
SUBJECT: Completion of 2015A and 2015B Bond Sale
_____________________________________________________________________________
SUMMARY
As noted in Section 6 of Board Resolution 15-19, Section 53507.9 of the Government Code, the
Board is required to present actual cost information for the sale of the General Obligation Bonds,
Series 2015 at its first public meeting following the sale of the Bonds. At the time of the adoption
of the Resolution, the issuance costs were estimated to be $200,000.
DISCUSSION
The District successfully completed the sale of $40,000,000 of Series A tax-exempt bonds, and
$5,000,000 of Series B taxable bonds. The final expected costs of issuance for the financing is as
follows:
Bond Counsel Fee (including out of pocket
expenses)
Jones Hall $ 57,500
Disclosure Counsel Fee (including out of pocket
expenses)
Jones Hall $ 20,000
Rating Agency Fee Standard & Poor’s $ 25,000
Rating Agency Fee Fitch $ 25,000
Financial Advisor Fee (including out of pocket
expenses)
BPF Capital $ 16,500
Tax Roll Consultant Fee Goodwin Consulting $ 6,500
Fiscal Agent Fee Zions Bank $ 4,400
Printing Avia $ 1,500
Miscellaneous/Contingency N/A $ 13,600
TOTAL $170,000
Due to the favorable market conditions, the sale of the Bonds generated a premium of $2.6 million,
part of which will be used to pay the costs of issuance. After the deduction of other costs associated
with the sale, the remaining $2.2 million balance of bond premium will be enable the District to
smooth the debt service resulting in a lower tax rate for the taxpayers over the next three years.
NEXT STEPS
Final documentation for the sale will be signed on August 13, 2015.
From:Jennifer Woodworth
Subject:Board Questions for 8/12/15
Date:Tuesday, August 11, 2015 4:14:42 PM
Attachments:image001.png
Good afternoon all,
Please find the responses (below in blue ) to questions regarding the 8/12/15 Agenda Packet. I will
also have hard copies at the meeting for Board members and members of the public. Thank you.
Director Cyr:
Check no. 70044 air tanks replaced on M207 dump truck. I thought the dump trucks were fairly
new, and am curious about the replacement.
The work done to M207 Dump Truck was actually a retrofit of the air tanks on the vehicle not a
replacement, after using the truck we discovered a problem when taking the truck on some of our
preserve roads. When going over some water bars the bottom of the air tanks would hit the ground
and we were concerned about potential damage to the air tanks that could disable the truck. We
had the International dealer relocate the air tanks to a different location on the truck and change
them to a lower profile tank.
Director Kishimoto:
Item 3 - Water Resources
what were the preliminary results of testing the Holmes well?
· The well produced 20 gallons per minute (gpm) during the 4-hour pump test. This is
consistent with the 20 gpm pump rate reported by the well driller in 1976. The well
appears to be a sound producer.
· Water quality samples met all primary drinking water standards. Manganese exceeds a
secondary water quality standard, and would therefore require treatment for a drinking
water system. This is a commonly treated metal in water supplies.
· There appears to be 16 feet of sediment in the bottom of the well. The video log
investigation, included in the amendment proposal from Balance Hydrologics, will
investigate if there is any damage to the well casing that could have caused this
sediment accumulation.
Item 4 - Los Trancos. Dedication as open space (preliminary use and management):
Why withhold conservation easement?
The reason why we are not recommending the dedication of the easement is to provide maximum
flexibility in the future. The easements allow us to transfer them to another qualified organization if
one becomes available and is willing. The dedication would complicate a future transfer.
Item 5 - investment policy.
Why didn’t this go to ABC committee? (No other items?)
From Mike Foster – I was originally planning to try to live within the existing guidelines until
the normal January annual renewal date. However, once we learned two weeks ago that
Stifel would require board approval of a new bank resolution, it made sense to go ahead
and revise the guidelines at the same time. This was prepared last week. The question of an
ABC meeting never arose.
Also, curious on fee arrangement with Stifel for managing investments
There is no Stifel management fee; they are only a broker. They will not be making any
investment decisions.
Board FYI - there was no maps or photos
The attachments were inadvertently left off of the FYI on the Paulin/Houghton demolitions. The
District Clerk corrected the version online and in Dropbox on Monday morning. The Clerk will also
bring hard copies to the meeting on Wednesday.
Please let me know if you have any additional questions. Thank you.
Jen
Jennifer Woodworth, CMC
District Clerk
jwoodworth@openspace.org
Midpeninsula Regional Open Space District
330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485