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HomeMy Public PortalAbout20220810 - Agenda Packet - Board of Directors (BOD) - 22-19 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, August 10, 2022 Special meeting starts at 5:00 PM Regular meeting starts at 7:00 PM* A G E N D A Consistent with Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33, and in light of the declared state of emergency, the meeting will not be physically open to the public and all members will be teleconferencing into the meeting via a virtual platform. To maximize public safety while still maintaining transparency and public access, members of the public can listen to the meeting and participate using the following methods. THIS MEETING WILL BE VIA TELECONFERENCE ONLY 1. The meeting can be viewed in real-time at: https://openspace.zoom.us/j/82270365821 or listen to the meeting by dialing (669) 900-6833 or (346) 248-7799 (Meeting ID 822 7036 5821). 2. Members of the public may provide written or oral comments by submitting a public comment form at: https://www.openspace.org/public-comment • Comments on matters not on the agenda must be submitted prior to the time the board president calls for public comments. • Comments on agenda items must be submitted prior to the time public comment on the agenda item is closed. • All comments shall be subject to the same rules as would otherwise govern speaker comments at the board of directors meeting. • All written comments or requests to speak must be submitted via the public comment form. Requests to provide oral comments may be made by leaving a message at 650-772-3614. Comments via text or social media (Facebook, Twitter, etc.) will not be accepted. Any comments received after the deadline, will be provided to the Board after the meeting. 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION. Government Code Section 54957(b)(1)  Title of Employee:    Controller   General Counsel ADJOURNMENT Meeting 22-19 Rev. 1/3/20 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS This portion of the agenda is for members of the public to comment on items not on the agenda; however, the Brown Act (Open Meeting Law) does not allow action by the Board of Directors on items not on the agenda. Individuals are limited to one comment during this section. SPECIAL ORDERS OF THE DAY • Introduction of staff o Alvaro Andaluz, Open Space Technician o Marie Lanka, Administrative Assistant ADOPTION OF AGENDA CONSENT CALENDAR All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 1. Approve the July 13, 2022 Board meeting minutes 2. Claims Report 3. Teleconferenced Board Meetings Pursuant to the Brown Act and Assembly Bill 361 (R- 22-88) Staff Contact: Ana Ruiz, General Manager and Hilary Stevenson, General Counsel General Manager’s Recommendation: Adopt a resolution affirming findings on the continued need for remote teleconferenced public meetings pursuant to AB 361. 4. Federal Legislative Positions for Consideration by the Midpeninsula Regional Open Space District (R-22-92) Staff Contact: Joshua Hugg, Governmental Affairs Specialist General Manager’s Recommendation: Approve the recommended list of federal legislative positions for the 2021-22 federal legislative session as unanimously supported by the Legislative, Funding, and Public Affairs Committee. 5. Two-year extensions and/or two-year leases of four conservation grazing units in properties located in Purisima Creek Redwoods and La Honda Creek Open Space Preserves (R-22-93) Staff Contact: Susan Weidemann, Property Management Specialist II, Property Management, Land & Facilities Services Department General Manager’s Recommendation: 1. Adopt a Resolution authorizing the General Manager to extend the current conservation grazing lease for two years, with an option for a one-year extension, with the current tenant, Tom Pacheco, for the Bluebrush Ranch in Purisima Creek Redwoods Open Space Preserve. Rev. 1/3/20 2. Adopt a Resolution authorizing the General Manager to extend the current conservation grazing lease for two years, with an option for a one-year extension, with the current tenants, Doniga and Erik Markegard, for the Lone Madrone Ranch in La Honda Creek Open Space Preserve. 3. Adopt a Resolution authorizing the General Manager to enter into a new two-year conservation grazing lease with an option for a one-year extension with current tenant, Vince Fontana, for the Lobitos Ridge Elkus Uplands and South Cowell conservation grazing areas located in Purisima Creek Redwoods Open Space Preserve and combine these two properties into a single lease. 4. Adopt a Resolution authorizing the General Manager to extend the current conservation grazing lease for two years, with an option for a one-year extension, with the current tenant, AGCO Hay, LLC, for the Driscoll Ranch in La Honda Creek Open Space Preserve. 6. Contract Amendment for Purisima-to-the-Sea Trail and Parking Area Feasibility Study at Purisima Creek Redwoods Open Space Preserve (R-22-94) Staff Contact: Gretchen Laustsen, Senior Planner, Planning Department General Manager’s Recommendation: 1. Authorize the General Manager to amend a contract with SWCA Environmental Consultants of Half Moon Bay, California in the amount of $41,537 to conduct additional technical studies and support additional public engagement, bringing the total contract to a not-to-exceed amount of $328,537. 2. Authorize a 15% contingency of $6,231 to cover unforeseen tasks beyond the current scope for a total not-to-exceed contract amount of $334,768. BOARD BUSINESS Public comment on agenda items at the time each item is considered by the Board of Directors. 7. Approval of Terms of Employment, including Salary and Health Benefit Enhancements, for the Midpeninsula Rangers Peace Officers Association (R-22-96) Staff Contact: Candice Basnight, Human Resources Manager General Manager’s Recommendation: Adopt a resolution approving the Terms of Employment, including Salary and Health Benefit Enhancements, for the Midpeninsula Rangers Peace Officers Association for a term ending June 30, 2023. 8. Informational Presentation on Social Media Program (R-22-95) Staff Contact: Eleanor Raab, Public Affairs Specialist I, Public Affairs General Manager’s Recommendation: Receive a staff report on the Midpeninsula Regional Open Space District’s social media program. No Board action required. INFORMATIONAL MEMORANDA • Stevens Creek Trail Overview INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for information; request staff to report to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Board. Rev. 1/3/20 A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. 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 5050 El Camino Real, 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 5, 2022, at the Administrative Offices of MROSD, 5050 El Camino Real, Los Altos California, 94022. The agenda and any additional written materials are also available on the District’s web site at http://www.openspace.org. Jennifer Woodworth, MMC, CPMC District Clerk/Assistant to the General Manager July 13, 2022 Board Meeting 22-18 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, July 13, 2022 The Board of Directors conducted this meeting in accordance with California Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33. All Board members and staff participated via teleconference. DRAFT MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT President Kersteen-Tucker called the regular meeting of the Midpeninsula Regional Open Space District to order at 7:00 p.m. ROLL CALL Members Present: Jed Cyr, Larry Hassett, Karen Holman, Zoe Kersteen-Tucker, Yoriko Kishimoto, and Curt Riffle Members Absent: Pete Siemens Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant General Manager Brian Malone, Assistant General Manager Susanna Chan, Chief Financial Officer/Director of Administrative Services Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Real Property Manager Mike Williams, Public Affairs Manager Kori Skinner, Public Affairs Specialist II Leigh Ann Gessner, Planner III Alex Casbara, Senior Resource Management Specialist Aaron Hebert President Kersteen-Tucker announced this meeting is being held in accordance with Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33, allowing Board members to participate remotely. The District has done its best to conduct a meeting where everyone has an opportunity to listen to the meeting and to provide comment. The public has the opportunity to comment on the agenda, and the opportunity to listen to this meeting through the internet or via telephone. This information can be found on the meeting agenda, which was physically posted at the District’s Administrative Office, and on the District website. President Kersteen-Tucker described the process and protocols for the meeting. Meeting 22-18 Page 2 ORAL COMMUNICATIONS Alex Hapke, President of the Midpeninsula Rangers Peace Officers Association, provided comments describing the labor negotiations process between the union and the District’s negotiators and requested the District return to the negotiating table to discuss the public safety option requested by the union. Ryan Jordan, member of the Midpeninsula Rangers Peace Officers Association and voter in Ward 6, commented on the work environment of the rangers as compared to administrative staff. Rangers respond to various situations, such as fighting wildfires, providing emergency medical services, crimes in progress, etc. Mr. Jordan requested the District return to the negotiating table to discuss the public safety option requested by the union. Ryan Augustine, Midpeninsula Rangers Peace Officers Association and voter in Ward 6, described the role of the District’s rangers to fulfill duties that put their safety at risk, including firefighting, interacting with armed individuals, responding to crime scenes, etc. Mr. Augustine requested the District return to the negotiating table to discuss the public safety option requested by the union. Nancy Cole commented in support of a separate bike-only trail at Bead Creek Redwoods near Bear Creek Road. Elizabeth Twaddell provided comments in support of building additional ADA access trails at the District’s preserves to allow visitors who are disabled, those with children in strollers, and older individuals to be able to use easy-access trails to enjoy open space. Christopher Kao commented in support of allowing e-bikes at Ravenswood Open Space Preserve and stated cyclists should slow down near pedestrians. Sarah Wang expressed concern regarding the removal of various plants and chemical treatment of invasive species at Bear Creek Redwoods. Director Siemens joined the meeting at 7:07 p.m. ADOPTION OF AGENDA Motion: Director Kishimoto moved, and Director Siemens seconded the motion to adopt the agenda. ROLL CALL VOTE: 7-0-0 CONSENT CALENDAR Director Holman pulled item 5 from the Consent Calendar. Public comment opened at 7:26 p.m. Ms. Woodworth reported no public comments were submitted for the Consent Calendar items. Meeting 22-18 Page 3 Public comment closed at 7:26 p.m. Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent Calendar, except for Item 5. ROLL CALL VOTE: 7-0-0 1. Approve the June 22, 2022 and June 29, 2022 Board meeting minutes 2. Claims Report 3. Teleconferenced Board Meetings Pursuant to the Brown Act and Assembly Bill 361 (R-22-65) General Manager’s Recommendation: Adopt a resolution affirming findings on the continued need for remote teleconferenced public meetings pursuant to AB 361. President Kersteen-Tucker requested additional information regarding the proposed transition to hybrid meetings. General Manager Ana Ruiz provided an update on the process to install and test the audio/visual system at the new administrative office. 4. Contract Amendment for Historic Debris Data Recovery at Bear Creek Redwoods Open Space Preserve (R-22-85) General Manager’s Recommendation: 1. Authorize the General Manager to amend a contract with Albion Environmental, Inc., of Santa Cruz, California in the amount of $49,836 to conduct additional historic debris data recovery, bringing the contract to $190,073. 2. Authorize a 15% contingency of $7,475 to cover unforeseen tasks beyond the current scope of work as needed for a total not-to-exceed contract amount of $197,548. Director Holman requested additional information regarding the process to curate the items found at the debris site. Senior Resource Management Specialist Aaron Hebert described the type of items found at the site, which the District’s consultant is currently analyzing to determine which items are most representative of the site and most interesting for viewing. 5. Award of Contract with Parisi Transportation Consulting to provide Transportation Planning Services for the Hawthorns Area Plan (R-22-81) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a contract with Parisi Transportation Consulting of Mill Valley, CA to complete the Hawthorns Area Transportation Study for a base amount of $131,245. 2. Authorize a 10% contingency of $13,125 to cover unforeseen tasks beyond the current scope of work for a total not-to-exceed contract amount of $144,370. Meeting 22-18 Page 4 3. Authorize a Supplemental Work Allowance in the amount of $75,555 for additional transportation studies beyond those in the base contract scope of work, if deemed necessary for the development of the Hawthorns Area Plan. Director Holman expressed concern regarding the amount of single-bid contract, suggested the District should explore a permit-only parking lot, and inquired regarding the number of public meetings planned for the project. Planner III Alex Casbara described the outreach by staff to potential bidders on the contract and the specialized nature of the scope of work. Mr. Casbara stated he would request the consultant to explore permit parking lots and provide additional information on the line-of-sight options for the driveway locations. Finally, eight public meetings are currently included in the contract and include meetings with the Board and with a potential public access working group. Director Siemens commented if there was a public bus service along Alpine Road, it may be useful to the public to access the preserve and park elsewhere. Director Holman commented on the potential parking issues that will likely be caused by high demand for the area and the need for the District to address these through creative solutions. Motion: Director Hassett moved, and Director Holman seconded the motion to approve the General Manager’s recommendation and direct staff to incorporate the suggestions made by the Board. ROLL CALL VOTE: 7-0-0 6. Awards of Contract to Five Firms for On-Call Graphic Design Services (R-22-82) General Manager’s Recommendation: Authorize the General Manager to enter into five contracts for on-call graphic design services with Amy Made, Cartwright Design Studio, Eric Gouldsberry Art Direction, Lower Case Productions and Modiv Design, each for up to $100,000 over a four- year term. 7. Award of Contract with Mead & Hunt to provide Transportation Planning Services to Develop a Shuttle Program at Rancho San Antonio Open Space Preserve (identified as a Priority 1 Action under the Rancho San Antonio Multimodal Access Project) (R-22-83) General Manager’s Recommendation: 1. Authorize the General Manager to enter into a contract with Mead & Hunt of Denver, Colorado to develop a Shuttle Program at Rancho San Antonio Preserve for a base amount of $76,730.  2. Authorize a 10% contingency of $7,673 to cover unforeseen tasks beyond the current scope for a total not-to-exceed contract amount of $84,403. Director Riffle expressed concerns regarding the ability to run a successful shuttle program at Rancho San Antonio and mentioned unsuccessful and successful shuttle programs for other locations. Director Riffle requested various metrics be created to determine the success of a potential shuttle program. Meeting 22-18 Page 5 Assistant General Manager Susanna Chan stated staff reached out to other agencies with experience running a shuttle program and shared the information learned from those agencies with the District’s consultant. 8. Resolution for Proposition 1 Grant Funding from the California State Coastal Conservancy (R-22-84) General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to enter into a funding agreement with the State Coastal Conservancy for $500,000 in Proposition 1 grant funding for the Johnston Ranch Acquisition Project. BOARD BUSINESS 9. Oral Update on Cloverdale Communications Real Property Manager Mike Williams described the District’s interest in Cloverdale Ranch as part of Measure AA and would potentially create a new preserve. Mr. Williams reviewed the proposed purchase price for Cloverdale Ranch and funding sources and highlighted the District’s various community outreach and engagement since 2019. Public Affairs Specialist II Leigh Ann Gessner provided the staff presentation reviewing the District’s focus on projects in the San Mateo Coastside area and on the District’s Coastide Area mission. Staff seeks to be present and engaged in community events in the area to build relationships with stakeholders, such as the agricultural community, coastal communities, taxpayers and preserve users, elected officials, etc. Ms. Gessner reviewed the goals and key messages for the Cloverdale Ranch project, including the property’s resources values, agricultural conservation, public access, and continued partnership with Peninsula Open Space Trust. Mr. Williams described the feedback received at the stakeholder site visits and community meetings, such as providing opportunities for middle and high school interpretive hikes, continued maintenance of the La Honda School District property taxes, concerns related to impacts to downtown Pescadero on the weekends, safe walking and bicycle access to Pescadero Marsh and beaches, etc. Presentations to community organizations and public meetings will continue throughout the proposed acquisition process. Ms. Gessner described the next steps for the process and associated community engagement for the potential acquisition of Cloverdale Ranch, such as celebration of the new preserve, interim public access outreach, and engagement for the future long-term planning process. President Kersteen-Tucker asked about public outreach to coastal communities and organizations to address potential traffic concerns and suggested outreach to Ayudando Latinos A Soñar (ALAS) and the farmworker community. Mr. Williams reported staff offered to present to the Half Moon Bay City Council and reported the community has expressed concerns related to traffic and parking, especially on the weekend. President Kersteen-Tucker suggested having a group of docents that specialize in the Coastside area, especially if those docents can also lead hikes in Spanish. Meeting 22-18 Page 6 Director Riffle commented a key message promoting how the District will be a good neighbor to the community is important. Director Hassett commented on the length of the planning process for La Honda Creek and stated he hopes the Cloverdale planning process is shorter to allow the public to access Cloverdale sooner. Directors Kishimoto and Holman spoke in support of training community members to become docents to be able to highlight the area. Director Siemens spoke in support of opening Cloverdale Ranch to public access soon and suggested acting quickly on the planning process. Ms. Ruiz commented on current public access projects throughout the District’s preserves, including Bear Creek Redwoods, La Honda Creek, Johnston Ranch, etc. In order to expedite opening Cloverdale Ranch to public access, new staff will be needed, or current projects will need to be reprioritized. Additionally, the public has raised concerns about the impacts of opening areas too quickly without addressing parking and traffic impacts. Assistant General Manager Brian Malone provided additional information regarding staff’s plans for partial public access through permit access, docent-led hikes, etc. to Cloverdale before the public access planning process is completed. Public comments opened at 9:10 p.m. No public comments were submitted for this item. Public comments closed at 9:10 p.m. No Board action required. INFORMATIONAL REPORTS A. Committee Reports Director Holman reported the Legislative, Funding, and Public Affairs Committee met on July 12, 2022 to discuss federal legislation proposed for District support. B. Staff Reports Public Affairs Manager Kori Skinner provided an update of the District’s 50th anniversary events, including the Coastside event planned for September 10, 2022 and the planned documentary with Doug McConnell. District Clerk Jennifer Woodworth announced the nomination period for the November 8, 2022 election opens on Monday, July 18, 2022 and runs through August 12, 2022. Those who are interested in running for a seat on the Board of Directors should contact the District Clerk to set Meeting 22-18 Page 7 an appointment to be issued nomination papers. The July 27, 2022 regular Board meeting is cancelled due to a lack of agenda items. C. Director Reports Director Riffle reported he attended the Portola Valley community meeting on June 28, 2022, regarding the Hawthorns Area planning process and attended the July 12, 2022 virtual open house regarding the Purisima Creek planning process. Director Holman reported she attended the Portola Valley community meeting on June 28, 2022, regarding the Hawthorns Area planning process and praised the active participation by the community members and facilitation by staff. Director Holman reported she invited the general manager to present at the Palo Alto Historical Association in the December for the District’s 50th anniversary. President Kersteen-Tucker reported she attended the recent docent graduation and commended the graduates. On July 4, 2022 President Kersteen-Tucker and Public Affairs Manager marched in the Half Moon Bay Fourth of July parade, and a District ranger truck also participated. ADJOURNMENT President Kersteen-Tucker adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:19 p.m. ________________________________ Jennifer Woodworth, MMC District Clerk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-19 MEETING DATE: August 10, 2022 Fiscal Year 21-22 EFT:66.38% Fiscal Year 22-23 EFT:61.50% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount 4719 EFT 07/15/2022 10205 - Calif Joint Powers Insurance Authority FY 2022-23 Property, Liability & Workers Comp Annual Contribution 749,085.00 4716 EFT 07/15/2022 12166 - BHM Construction, Inc.Administrative Office Renovation Project - May 2022 147,146.45 4693 EFT 07/08/2022 11470 - Aecom Technical Services Inc Hwy17 Wildlife Regional Trail Cross & Connect 2/26/22-4/29/22 82,739.76 82611 Check 07/15/2022 12220 - California Department of Technology Microsoft Enterprise Cloud Software May 2022-2023 81,740.96 82659 Check 07/29/2022 12246 - Jones Lang LaSalle Brokerage Inc 5050 El Camino Real Suite 1 Lease Commission 78,269.00 82635 Check 07/22/2022 12147 - Nova Partners, Inc.Admin Office Project Construction Mgmt Feb-May 2022 77,032.50 82656 Check 07/29/2022 10509 - Geocon Consultants Inc New Domestic Water Well Toto Ranch 68,947.00 4782 EFT 07/29/2022 11998 - Hanford Applied Restoration & Conservation District-Wide Invasive Species for FY22, Ravenswood Reveg. Jun 22 46,120.00 4772 EFT 07/29/2022 11470 - Aecom Technical Services Inc Hwy17 Wildlife&Region Trail Cross&Trail Connect 2/1 -2/25/22 45,051.92 4780 EFT 07/29/2022 10005 - Grassroots Ecology Native Plants 2020-2024, Service Learning Apr-Jun 2022 42,239.82 4804 EFT 07/29/2022 10978 - Vollmar Natural Lands Consulting, Inc Cloverdale Botanical Surveys Jun 2021-Jun 2022 39,500.00 4770 EFT 07/22/2022 11990 - ZFA Structural Engineers La Honda Creek White Barn 2/20/22-5/21/22 39,327.91 4698 EFT 07/08/2022 10005 - Grassroots Ecology Service Learning on District Preserves Jan-Mar 2022 37,883.16 4795 EFT 07/29/2022 11868 - San Jose Conservation Corps & Charter School Combustable Fuels Reduction labor 36,633.46 82665 Check 07/29/2022 12185 - Pitcher Services, LLC Groundwater Well Decommissioning 6/24/22-6/29/22 34,065.00 82661 Check 07/29/2022 11740 - Metaltech-Omega Long-term security fencing - Beatty House Fencing Project 30,796.09 4790 EFT 07/29/2022 12243 - Managed Facilities Solutions, LLC Midpen Administrative Office Moving Services 6/21/22 27,374.60 4713 EFT 07/08/2022 10978 - Vollmar Natural Lands Consulting, Inc LHC Studies, Vegetation mapping May 2022 25,030.00 82633 Check 07/22/2022 12226 - HBI Inspections 4 Inpections of District housing units 23,833.99 4701 EFT 07/08/2022 12243 - Managed Facilities Solutions, LLC AO Moving Services 5/11/22, 5/12/22, 5/19/22 20,070.60 82630 Check 07/22/2022 11194 - Creekside Center for Earth Observation Grantmaking Program: Applied Science Proj 3/16/22-6/10/22 20,000.00 4773 EFT 07/29/2022 11148 - Balance Hydrologics, Inc Spillway Design 5/5-6/28/22, Madonna Creek Hydro. Jun 2022 18,735.50 4776 EFT 07/29/2022 *10214 - Delta Dental Dental Insurance Aug 2022 17,623.50 4740 EFT 07/15/2022 12013 - Rincon Consultants, Inc.Hawthorns Historic Site Assessment May 2022 16,752.74 4791 EFT 07/29/2022 12184 - Matter Unlimited, LLC 50th Anniversary support 16,320.00 82617 Check 07/15/2022 11924 - Nomad Ecology IPM Surveys Ravenswood, LT, Miramontes May 2022 15,828.35 4774 EFT 07/29/2022 11349 - Bay Nature Institute Eight-page editorial supplement in Bay Nature's Fall 2022 issue 15,000.00 82663 Check 07/29/2022 12147 - Nova Partners, Inc.Contingency AO Renovations Proj Construct Mgmt&Peer Rev Jun 2022 14,935.00 4696 EFT 07/08/2022 12231 - Conservation International Foundation Wildlife Insight Software As A Service Agreement 14,500.00 82600 Check 07/08/2022 11863 - Albion Environmental Inc Historic Debris Recovery BCR, Peregrine Falcon Monitoring May 2022 14,391.75 82615 Check 07/15/2022 10304 - La Honda Pescadero Unified School District Tax Compensatory Annual Fee 13,508.90 4738 EFT 07/15/2022 10253 - Peterson Tractor Co.L&F Staff Equipment Training 12,440.00 82662 Check 07/29/2022 11924 - Nomad Ecology IPM Surveys Ravenswood, LT, Miramontes Jun 2022 11,991.14 82632 Check 07/22/2022 10034 - Diane West-Bourke Instructor Services - 2022 Docent Naturalist Training (first half)10,000.00 82653 Check 07/29/2022 10034 - Diane West-Bourke Instructor Services - 2022 Docent Naturalist Training (second half)10,000.00 4711 EFT 07/08/2022 10302 - Stevens Creek Quarry, Inc.Construction, trail and road materials 9,658.25 82605 Check 07/08/2022 12188 - Parisi Transportation Consulting, Inc.Purisima Multimodal Access Study May 2022 9,463.14 4777 EFT 07/29/2022 12181 - ECS Imaging, Inc.Electronic Document Management - GM Office 8,955.82 4726 EFT 07/15/2022 10005 - Grassroots Ecology Henrdys Creek Restoration Project 5/1/22-6/30/22 8,940.00 4733 EFT 07/15/2022 11962 - Live Oak Associates, Inc.Burkhart Spring&Water Line, Saratoga Gap May 2022 8,781.95 82606 Check 07/08/2022 12237 - Performance Abatement Services, Inc.LHC Flagpole House Moisture Cleanup 8,483.00 82644 Check 07/22/2022 12238 - Saved By Nature Grantmaking Program: Access, Interp and Edu Proj 3/15/22-6/30/22 8,384.08 4714 EFT 07/08/2022 12050 - Wiss, Janney, Elstner Associates, Inc.Hawthorns Area Structural Assessment 5/13/22-5/29/22 8,303.90 4788 EFT 07/29/2022 *10419 - Lincoln National Life Insurance Co.AD&D, LTD and Life Insurance Aug 2022 8,270.30 82631 Check 07/22/2022 10027 - Cresco Equipment Rentals Dozer & Excavator Rentals (SA-RDG)7,998.66 4768 EFT 07/22/2022 *11118 - Wex Bank Fuel for District vehicles 7,799.35 4741 EFT 07/15/2022 12194 - Royston Hanamoto Alley & Abey La Honda Creek Feasibility Study May 2022 7,576.38 Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors page 1 of 12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-19 MEETING DATE: August 10, 2022 Fiscal Year 21-22 EFT:66.38% Fiscal Year 22-23 EFT:61.50% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 4730 EFT 07/15/2022 12105 - IBI Group RSA Multimodal Access Consulting May 2022 7,417.50 4765 EFT 07/22/2022 *10216 - Valley Oil Company Fuel for District vehicles 7,379.03 82651 Check 07/29/2022 10470 - Condor Country Consulting Spotted Owl Surveys, SFO Bat Exclusions May-June 2022 7,290.48 4728 EFT 07/15/2022 11998 - Hanford Applied Restoration & Conservation Ravenswood Revegetation and Plant Maintenance Apr 2022 7,250.00 4745 EFT 07/15/2022 12157 - SWCA Environmental Consultants Purisima-to-the-Sea Trail and Parking Area Project May 2022 6,907.25 4766 EFT 07/22/2022 10978 - Vollmar Natural Lands Consulting, Inc Alpine Road Permitting & Botanical Consulting May 2022 6,877.48 4739 EFT 07/15/2022 11523 - PGA Design, Inc.Alma Cultural Landscape Rehabilitation Plan May 2022 6,817.50 4723 EFT 07/15/2022 11748 - Environmental & Energy Consulting Consulting & lobbying services from May 16, 2022 - June 15, 2022 6,460.00 82669 Check 07/29/2022 11408 - Thrive Alliance Grantmaking Program: Thrive Alliance 8/12/21-6/30/22 6,315.00 4746 EFT 07/15/2022 12241 - The Watershed Company Alma Cultural Landscape Interpretive Panels Design 6,178.25 4749 EFT 07/22/2022 10813 - Almaden Postage for Midpeninsula Regional - Summer 8 page Newsletter 6,123.10 4722 EFT 07/15/2022 10546 - Ecological Concerns, Inc.Plant Install. & Maint. of Multiple Mitigation Sites May 2022 6,083.50 4718 EFT 07/15/2022 10616 - BKF Engineers Land Surveying - Trail Exhibits, Hawthorns 5,873.25 4759 EFT 07/22/2022 11617 - Mig, Inc.Bot. Resources Coastside, Bat Surveys May to May 2022 5,808.63 82634 Check 07/22/2022 11201 - Interstate Fence Company Security Fencing (SAO)5,650.00 4729 EFT 07/15/2022 10222 - Herc Rentals, Inc.Skip Loader and Mini Excavator Rental (BCR)5,624.56 4783 EFT 07/29/2022 10222 - Herc Rentals, Inc.Repair for Damaged Excavator Door 5,455.75 82645 Check 07/22/2022 10102 - Shute, Mihaly & Weinberger LLP Legal Services - Cloverdale, Coastal Commission 5/2/22-5/31/22 5,296.53 4786 EFT 07/29/2022 11887 - Koopmann Rangeland Consulting Cloverdale Ranch Rangeland Management Plan May-Jun 2022 5,072.75 4721 EFT 07/15/2022 11318 - Confluence Restoration Plant Site Maintenance for BCR/Alma/Webb Creek May 2022 5,070.00 4712 EFT 07/08/2022 10435 - The Ferguson Group LLC Grant Writing Services: TFG Grants Training 5,000.00 4747 EFT 07/15/2022 10487 - TKO General Engineering & Construction Emergency Driveway Repairs 4150 Sears Ranch Road (Cunha property 5,000.00 4802 EFT 07/29/2022 10487 - TKO General Engineering & Construction Emergency Driveway Repair at 4411 Alpine Rd (Hawthorns)5,000.00 82652 Check 07/29/2022 10027 - Cresco Equipment Rentals Dozer Rental (BCR)4,889.82 82639 Check 07/22/2022 10936 - Ross Recreation Equipment Qty 3 DuMor Benches/One with Memorial Plaque 4,769.85 4762 EFT 07/22/2022 11918 - SF North Bay Law Management Coaching 4/1/2022-6/30/2022 4,485.00 82650 Check 07/29/2022 11368 - City of Cupertino 2020-2021 Santa Clara Leadership Acad. 4 participants 4,400.00 4699 EFT 07/08/2022 12179 - Law Office of Peter J. Kiel Cloverdale Ranch Legal Consulting Apr-May 2022 4,366.00 4748 EFT 07/15/2022 11586 - W H Dempsey Engineering Camera Line and Repair Tight Line at Cloverdale 4,366.00 82614 Check 07/15/2022 12221 - IMCS Group, Inc.Temporary IT Support June 2022 4,352.00 4806 EFT 07/29/2022 11990 - ZFA Structural Engineers La Honda Creek White Barn 5/22/22-6/18/22 4,331.17 4702 EFT 07/08/2022 12184 - Matter Unlimited, LLC Support services for 50th: creative, strategy, PR, media, etc.4,200.00 82670 Check 07/29/2022 11841 - TJKM HWY 35 Traffic Study June 2022 4,180.00 82628 Check 07/22/2022 11520 - Community Initiatives 6/5/2022 Birding Walk, Burritos & Binoculars at Skyline Ridge 4,000.00 4778 EFT 07/29/2022 11748 - Environmental & Energy Consulting State Legislative Consulting and Lobbying Services Jun 2022 3,750.00 82616 Check 07/15/2022 12072 - NetFile, Inc.Annual Subscription Charges for Form 700 system 3,750.00 82641 Check 07/22/2022 11006 - San Mateo County Mosquito & Vector Control Dist Mosquito & Vector Control 7/1/2021 - 6/30/2022 3,718.86 4727 EFT 07/15/2022 11593 - H.T. Harvey & Associates Pulgas Ridge Botanical Resource Surveys February 2022 3,707.95 4757 EFT 07/22/2022 10576 - Kaiser Foundation Health Plan Inc Flu shot clinic 9/28/21, 9/30/21,10/12/21 3,500.00 82623 Check 07/15/2022 10697 - Sandis Alma SWPPP Jan 2022 3,500.00 82601 Check 07/08/2022 10509 - Geocon Consultants Inc RSA Roads Repaving Project 5/15/2022 3,346.25 4800 EFT 07/29/2022 10435 - The Ferguson Group LLC Retainer for the month of July 2022 3,333.33 4695 EFT 07/08/2022 11430 - BioMaAS, Inc.Native Plant Propagule Sites Surveys May 2022 3,330.53 4744 EFT 07/15/2022 11751 - Stillwater Sciences Bio Services, Bear Creek Stables Project 5/2/22-5/2922 3,328.15 82621 Check 07/15/2022 11603 - San Mateo County Fire Department Fire Services Annual Fee 3,316.84 82620 Check 07/15/2022 10936 - Ross Recreation Equipment Benches for LHC Parking & Trailhead Access Feasibility Study 3,159.63 page 2 of 12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-19 MEETING DATE: August 10, 2022 Fiscal Year 21-22 EFT:66.38% Fiscal Year 22-23 EFT:61.50% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 4734 EFT 07/15/2022 11617 - Mig, Inc.Coastside Open Space Botanical Resource Surveys May 2022 3,150.46 4784 EFT 07/29/2022 10313 - John Shelton Company, Inc Culverts (SA)3,010.90 4753 EFT 07/22/2022 10761 - Crown Castle USA Inc Structural Determination and Application Fee - Redwood Tower.3,000.00 4708 EFT 07/08/2022 12031 - Ray & Jan's Mobile Truck Service 5K Inspections - 15 vehicles, Brake and Electrical repairs 2 vehicles 2,906.43 82668 Check 07/29/2022 12229 - Theia Marketing Customer Relationship Mgmt (CRM) Implementation June 2022 2,835.00 82613 Check 07/15/2022 10344 - Greg's Trucking Service, Inc.Trucking costs for rock delivery 2,821.00 4755 EFT 07/22/2022 10187 - Gardenland Power Equipment Ethanol free fuel, Grinding Wheel for Chains 2,737.52 82638 Check 07/22/2022 11225 - Regents of the University of California California Naturalist Certs for 24 District Docents 2,640.00 4694 EFT 07/08/2022 12131 - Bay Area Older Adults, Inc.Senior Healthy Hiking Program June 8, 2022 Mt Umunhum 2,500.00 4751 EFT 07/22/2022 10616 - BKF Engineers NE Trailhead Crossing Project 3/28/22-4/24/22 2,331.00 4796 EFT 07/29/2022 *11730 - Standard Insurance Company RV Life and Supplemental Life Insurance Aug 2022 2,329.12 4761 EFT 07/22/2022 10099 - San Francisco Bay Bird Observatory Grantmaking Prog-Applied Science Bird Nest Research Apr-Jun 21 2,198.38 82654 Check 07/29/2022 11701 - Eric Gouldsberry Art Direction Mipden 2022-23 Budget Action Plan, Budget in Brief design work 2,160.00 4767 EFT 07/22/2022 11665 - Waterways Consulting Alpine Road Trail Improvements- Design & Eng Apr-May 2022 2,145.00 82626 Check 07/15/2022 12229 - Theia Marketing Customer Relationship Mgmt (CRM) Implementation March 2022 2,135.88 4750 EFT 07/22/2022 10128 - American Tower Corporation Tower Lease for Coyote Peak 2,111.46 4732 EFT 07/15/2022 10058 - Liebert Cassidy Whitmore Legal services for negotiations & related matters 5/2/22-5/25/22 2,106.00 82619 Check 07/15/2022 10194 - Reed & Graham Inc Erosion Control Materials (BCR)2,102.19 4736 EFT 07/15/2022 12020 - Panorama Environmental, Inc.Wildfire Resiliency Program CEQA Consulting May 2022 2,015.00 4735 EFT 07/15/2022 12151 - Navia Benefit Solutions Flexible Benefits Accounts Disbursements 2,004.81 4789 EFT 07/29/2022 11962 - Live Oak Associates, Inc.Burkhart Spring&Water Line, Saratoga Gap June 2022 1,968.75 82636 Check 07/22/2022 12188 - Parisi Transportation Consulting, Inc.Purisima Multimodal Consultant Fees May 2022 1,882.66 82627 Check 07/22/2022 10428 - Alliant Insurance Services-NPB Main Criminal Risks Insurance 2022-2023 1,875.00 4787 EFT 07/29/2022 10058 - Liebert Cassidy Whitmore Legal services for negotiations & related matters Jun 2022 1,872.00 4771 EFT 07/29/2022 10001 - Aaron's Septic Tank Service Septic Tank Service (SA-MtUm) (BCR)1,795.00 4703 EFT 07/08/2022 10190 - MetroMobile Communications Install Radio at 5050 El Camino Real 1,699.02 82610 Check 07/15/2022 10606 - Ascent Environmental Inc CEQA Services for LHC Red Cabin Demo May 2022 1,682.50 82637 Check 07/22/2022 *10589 - Recology South Bay Debris & Recycling Service (RSACP)1,678.64 82655 Check 07/29/2022 11927 - Forrest Telecom Engineering, Inc.Radio engineer consulting srvcs May-June 2022 1,632.00 4700 EFT 07/08/2022 10791 - LSA Associates, Inc.LHC Loop Trail CEQA & Permitting, Consulting May 2022 1,549.10 4709 EFT 07/08/2022 12013 - Rincon Consultants, Inc.BCR Vegetation Treatment Cultural Resources May 2022 1,477.50 4803 EFT 07/29/2022 *10213 - Vision Service Plan-CA Vision Insurance 1,465.28 4717 EFT 07/15/2022 11430 - BioMaAS, Inc.Native Plant Propagule Sites Surveys June 2022 1,452.00 4801 EFT 07/29/2022 10146 - Tires On The Go M15 Tires & Repair 1,412.10 4763 EFT 07/22/2022 10152 - Tadco Supply Janitorial Supplies (RSACP)1,361.54 4775 EFT 07/29/2022 11699 - Dakota Press La Honda Creek Preserve Map 1,308.41 4742 EFT 07/15/2022 *10136 - San Jose Water Company Water Service (RSACP) (SAO)1,284.44 82643 Check 07/22/2022 11008 - Santa Clara County Vector Control District Vector Control 7/1/2021 - 6/30/2022 1,280.18 82667 Check 07/29/2022 11005 - San Mateo County Planning & Building Dept Annual Building Permit Fees 1,273.90 4758 EFT 07/22/2022 10555 - Knapp Architects Alma Construction Administration Services Apr-Jun 2022 1,075.03 82603 Check 07/08/2022 11141 - Jarvis Fay LLP Legal Services Rendered May 2022 1,040.00 4697 EFT 07/08/2022 10187 - Gardenland Power Equipment Trail Brushing Parts, 48 Gallons of fuel 1,039.98 82642 Check 07/22/2022 10697 - Sandis Alma SWPPP Feb 2022 1,000.00 4724 EFT 07/15/2022 11935 - Essential Operations, Inc Septic System Monitoring (RSACP-EQ)973.00 4692 EFT 07/08/2022 10001 - Aaron's Septic Tank Service Pump Septic Tank at Cloverdale 950.00 82658 Check 07/29/2022 12190 - Interface Engineering, Inc.Administrative Office Commissioning Services 5/14/22-6/10/22 950.00 page 3 of 12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-19 MEETING DATE: August 10, 2022 Fiscal Year 21-22 EFT:66.38% Fiscal Year 22-23 EFT:61.50% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 4792 EFT 07/29/2022 12151 - Navia Benefit Solutions Flexible Benefits, Commuter disbursements and fees 909.47 4710 EFT 07/08/2022 10447 - Simms Plumbing & Water Equip., Inc.Plumbing repairs at 3 District Housing units 886.59 4754 EFT 07/22/2022 11699 - Dakota Press Purisima to the Sea Open House Postcards 873.40 82657 Check 07/29/2022 *11551 - Green Team of San Jose Garbage Service (RSA)867.21 4781 EFT 07/29/2022 11593 - H.T. Harvey & Associates Permitting&CEQA Srvcs RW Bay Trail Hab Restore Grant May 2022 807.00 4715 EFT 07/15/2022 10001 - Aaron's Septic Tank Service Septic Tank Service (RSA), (DHF)800.00 82604 Check 07/08/2022 10999 - Palo Alto Plumbing Heating & Air Repairs at DHF and District housing rental 793.43 4760 EFT 07/22/2022 12151 - Navia Benefit Solutions Flexible Benefits Accounts Disbursements 766.88 4797 EFT 07/29/2022 10302 - Stevens Creek Quarry, Inc.Skyline Ranch Road Rock 753.04 4704 EFT 07/08/2022 12151 - Navia Benefit Solutions Employee FSA,commuter & 125 plan fees and disbursements 738.33 4779 EFT 07/29/2022 10187 - Gardenland Power Equipment Equipment maintenance items 687.07 82660 Check 07/29/2022 12244 - Law Office of Clare M. Gibson Legal Services Rendered June 1st thru June 30th 2022 682.50 4785 EFT 07/29/2022 10626 - Koff & Associates, Inc.Compensation and Classification Services 6/17/22-6/27/22 680.00 82664 Check 07/29/2022 12204 - On Point Language Solutions, LLC Translation for Ag PolSurvey Producers and Midpen Bayside event 666.50 4764 EFT 07/22/2022 10146 - Tires On The Go M201 New TIres 544.94 4706 EFT 07/08/2022 10140 - Pine Cone Lumber Co Inc Lumber for Sign Posts (RSACP)519.07 82599 Check 07/08/2022 *11880 - A T & T (Calnet3)Mt. Um Safety Phone-Account #9391063500 5/07-6/06/22 490.70 82608 Check 07/08/2022 11852 - Western Exterminator Co.Extermination Services (RSA-Annex/Garage)474.95 4705 EFT 07/08/2022 10925 - Papé Machinery M08 Tractor Parts JD6400 466.95 82622 Check 07/15/2022 11005 - San Mateo County Planning & Building Dept Address assignment to parking areas MB, PCR, PR 441.00 4805 EFT 07/29/2022 11388 - Wagner & Bonsignore Water Rights Consulting 438.75 4799 EFT 07/29/2022 10152 - Tadco Supply Janitorial Supplies (RSACP)413.91 82609 Check 07/15/2022 12090 - Action Towing Towing Services for M233 407.00 82649 Check 07/29/2022 12090 - Action Towing Towing Services for M26 407.00 82624 Check 07/15/2022 10102 - Shute, Mihaly & Weinberger LLP Coastal Commission Litigation Retainer 4/4/22-4/14/22 405.40 82666 Check 07/29/2022 10182 - Royal Brass Inc Hose for Vrismo Mower 399.92 82618 Check 07/15/2022 12204 - On Point Language Solutions, LLC Interpretation services for La Honda Creek Open Space 373.95 82648 Check 07/29/2022 *12041 - A T & T Mobility (FirstNet)EOC Emergency phones- 7/3/22-8/2/22 Acct#287287740631 356.45 4769 EFT 07/22/2022 12050 - Wiss, Janney, Elstner Associates, Inc.Mt Um Radar Tower Evaluation 340.00 4725 EFT 07/15/2022 10187 - Gardenland Power Equipment Chainsaw/Brushcutter Parts 332.70 4794 EFT 07/29/2022 10093 - Rene Hardoy Gardening services for AO 325.00 82602 Check 07/08/2022 10421 - ID Plus, Inc.Name Tags for field staff 317.00 4720 EFT 07/15/2022 10170 - Cascade Fire Equipment Company Hose Adapters for Fire Hose 243.75 82647 Check 07/29/2022 *11880 - A T & T (Calnet3)Mt. Um Safety Phone-Account #9391063500 6/7/22-7/6/22 236.31 82640 Check 07/22/2022 10175 - RV Cloud Company Plumbing Parts for RR (RSACP)231.88 82612 Check 07/15/2022 10014 - CCOI Gate & Fence Gate Repair (BCR)230.00 82629 Check 07/22/2022 11054 - County of San Mateo Human Resources Dept.Trainings (2)230.00 4743 EFT 07/15/2022 10302 - Stevens Creek Quarry, Inc.Rock for Road Work (RSACP)222.88 4752 EFT 07/22/2022 10273 - Bruce Barton Pump Service Inc Repair Pressure Pump at Slaght Residence 210.00 82625 Check 07/15/2022 10338 - The Ed Jones Company, Inc Badge refurbishing 1032, 1048, 1046 204.88 4798 EFT 07/29/2022 10143 - Summit Uniforms Ranger uniform items -Verbrugge 187.03 4737 EFT 07/15/2022 10925 - Papé Machinery M08 Replacement Lights for JD6400 157.01 4793 EFT 07/29/2022 12060 - Preferred Alliance, Inc.Employee testing Jun 2022 150.08 4707 EFT 07/08/2022 12060 - Preferred Alliance, Inc.Employee testing May 2022 139.36 4756 EFT 07/22/2022 11593 - H.T. Harvey & Associates Ravenswood Bay Trail Biomonitoring May 2022 123.00 4731 EFT 07/15/2022 *11991 - Kunz Valley Trash, LLC Garbage Service at 20000 Skyline Blvd - June 2022 93.73 page 4 of 12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT MEETING # 22-19 MEETING DATE: August 10, 2022 Fiscal Year 21-22 EFT:66.38% Fiscal Year 22-23 EFT:61.50% Payment Number Payment Type Payment Date Notes Vendor No. and Name Invoice Description Payment Amount Electronic funds transfer (EFT) for accounts payable disbursements to reduce check printing and mailing, increase payment security, and ensure quicker receipt by vendors 82646 Check 07/22/2022 *10685 - West Valley Collection Garbage Service (SAO)56.35 82607 Check 07/08/2022 10177 - Town of Woodside Thornewood Escape Route Tree Permit 50.00 Total of Payments:2,394,911.42 *Annual Claims **Hawthorn Expenses A### = Administrative Office Vehicle HC = Hendry's Creek P### = Patrol Vehicle SCNT = Stevens Creek Nature Trail AO2, AO3, AO4 = Leased Office Spac HR = Human Resources PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline BCR = Bear Creek Redwoods IPM = Invasive Plant Maintenance PIC= Picchetti Ranch SFO = Skyline Field Office CAO = Coastal Area Office ISM = Invasive Species Management PR = Pulgas Ridge SG = Saratoga Gap CC = Coal Creek LH = La Honda Creek RR = Russian Ridge SJH = Saint Joseph's Hill DHF = Dear Hollow Farm LR = Long Ridge RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio T### = Tractor or Trailer ES = El Sereno M### = Maintenance Vehicle RV = Ravenswood TC = Tunitas Creek FFO = Foothills Field Office MB = Monte Bello SA = Sierra Azul TH = Teague Hill FOOSP = Fremont Older Open Space PMR = Miramontes Ridge SAO = South Area Office TW = Thornewood GP = General Preserve OSP = Open Space Preserve SAU = Mount Umunhum WH = Windy Hill Abbreviations page 5 of 12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLAIMS REPORT Wells Fargo Credit Card - May 2022 MEETING # 22-19 MEETING DATE: August 10, 2022 Date Amount Description 5/27/2022 10,250.00 Tuition for Harvard Kennedy Leadership Program AGM B Malone 5/09/2022 7,777.50 Electronic Signature Software 5/20/2022 4,017.00 Web Accessibility and Compliance Monitoring - 2022 5/02/2022 3,664.61 Vehicle annual service, replaced boots on front tie rods 5/04/2022 3,318.65 District wide phone server 5/04/2022 2,800.00 Termite Treatment Big Dipper Skyline OSP 5/16/2022 2,505.79 Maintenance for P108 5/04/2022 2,500.00 Termite Treatment at A-Frame 5/12/2022 2,500.00 Sponsoring Natures inspiration for Green Foothills 5/12/2022 2,451.38 Printer copier lease May 2022 5/04/2022 2,335.30 SFO Picnic table frame and hardware 5/09/2022 2,323.73 Surge protectors and webcams for new desk setup 5/13/2022 2,318.27 PV Palooza booth - Midpens 50th anniversary 5/13/2022 2,144.28 Excavator Rental for trail repairs various preserves #3 5/02/2022 2,083.25 Customer Relationship Management System April 2022 5/31/2022 2,083.25 Customer Relationship Management System May 2022 5/19/2022 1,909.13 Rental #1-INV_96549307Kubota mini excavator May 2022 5/19/2022 1,909.13 Rental #2-INV_96549308 Kubota mini excavator May 2022 5/25/2022 1,890.00 RSACP - Traffic Control Striping 5/02/2022 1,826.59 Vehicle Annual Service 5/26/2022 1,765.86 COVID tests 5/12/2022 1,763.84 COVID tests 5/25/2022 1,751.71 Maintenance on P97 5/20/2022 1,746.03 P107 replacement tires 5/16/2022 1,618.10 Microsoft licenses true-up 5/17/2022 1,500.00 Greenbelt Alliance Hidden Heroes Sponsorship 2022 5/02/2022 1,179.28 Maintenance work on M201 5/19/2022 1,125.00 Calpelra membership and conference fees 5/02/2022 1,073.58 Parking and event signage for Bayside Family Festival-50th 5/19/2022 1,035.83 Gravel for pot hole repair Toto Ranch Tunitas OSP 5/06/2022 1,027.60 Batteries for ongoing wildlife camera projects 5/06/2022 1,024.50 Maintenance on P112 5/23/2022 1,002.08 Mousepads 5/19/2022 991.00 County permit fee - CAO Event Center 5/20/2022 980.05 Staff clothing samples for staff 5/09/2022 864.80 Microsoft Teams Headset x 20 units 5/09/2022 853.21 Tie down straps 5/23/2022 828.96 Maintenance for P94 5/16/2022 817.07 Rock needed to repair potholes on Toto driveway 5/06/2022 785.48 Video display cables 5/16/2022 754.80 Building Permit Fees - Red Barn Roof Repair 5/05/2022 751.94 Ethernet cables for new building 5/18/2022 750.00 Membership for Sunnyvale Chamber of Commerce. 5/19/2022 745.00 CALPELRA Negotiation Conference 5/02/2022 741.07 Hotel Room for Trails Conference 5/16/2022 729.97 Combination ratchet wrenches 5/26/2022 726.78 Maintenance on A94 5/05/2022 721.95 Maintenance on M88 5/25/2022 719.35 FOOSP - Sanitation Services 5/25/2022 671.19 SAK - Sanitation Services 5/16/2022 642.58 FOOSP - Refill of Dog Waste Bags 5/16/2022 642.58 PuR - Refill of Dog Waste Bags 5/04/2022 635.00 TRAFx dock for collecting data from counters 5/19/2022 625.00 Construction Safety Course 5/11/2022 599.21 RSACP - Materials for Fencing at New Gate 5/06/2022 599.00 Tyler Connect Conf fee Tuesday - Taylor 5/13/2022 592.00 ECDM Bridge repairs 5/04/2022 584.00 DHF septic inspection Rancho San Antonio OSP 5/02/2022 570.92 Sharp Copies, printer costs - 2/28/22 - 3/31/22 5/06/2022 549.56 5050 El Camino supplemental property tax bill 5/30/2022 523.59 Propane at Hosking Barn 5/11/2022 520.00 Pre-employment medical services 5/09/2022 511.29 Portable restroom for on-site South Cowell stakeholder tour 5/17/2022 511.29 Portable restroom for on-site South Cowell stakeholder tour 5/02/2022 502.25 Trails Conference Hotel 5/06/2022 499.00 Tyler Connect Conf Fee for Monday -Taylor 5/11/2022 491.73 Property research services - April 2022 5/23/2022 488.49 Replacement Batteries for M213 5/12/2022 478.85 April 2022 ADA restroom BCS Bear Creek Redwoods OSP 5/12/2022 478.85 March/April 2022 ADA restroom BCS Bear Creek Redwoods OSP 5/12/2022 478.85 May 2022 ADA restroom BCS Bear Creek Redwoods OSP 5/02/2022 474.33 Hotel room for California Trails and Greenways 2022 5/02/2022 474.33 Hotel Room for Trails Conference 5/02/2022 474.33 Hotel Room at Doubletree for Trails Conference 5/09/2022 468.00 Winter Views 21-22 insert in Half Moon Bay Review 5/19/2022 463.89 Ethernet cables for server room setup 5/13/2022 460.00 SFO debris box 5/30/2022 450.00 Website Hosting - may 22 5/03/2022 448.12 Maintenance work on M226 5/02/2022 447.58 Bayside Event - Foodtruck vouchers for volunteers/staff #2 5/04/2022 444.88 SFO monthly trash and recycle 5/27/2022 444.01 First Aid bag for truck 5/03/2022 435.00 Public storage for PA store and giveaway items. 5/03/2022 402.00 Boiler maint - 330 Distel 5/02/2022 395.00 Property and Evidence Training 5/19/2022 380.00 CALPELRA Membership 5/13/2022 370.11 Refreshments for move prep 5/19/2022 369.94 Hinges for LH self closing gates 5/27/2022 368.76 Galvanized Metal Sheets for Purple Martins Project 5/12/2022 360.54 2 Cases - Roundup ProMax 5/06/2022 360.10 Coffee Machine 5/11/2022 359.34 Portable restroom rental for upper WH ADA repairs 5/06/2022 353.16 Surge protectors for new desk setup 5/02/2022 350.81 Maintenance on A105 5/11/2022 350.00 Poison Oak Wash 5/13/2022 314.74 Web link tracking QR code - upgrade to yearly 2022 5/10/2022 311.00 Coffee Machine 5/03/2022 305.00 Alarm installation services for 5050 5/05/2022 299.00 Ranger Recruitment Advertisement 5/26/2022 299.00 Vol.Program Lead Recruitment Advertisement 5/02/2022 294.98 Bayside Event - Foodtruck vouchers for volunteers/staff #1 5/11/2022 290.00 Annual membership dues-Cattle Marketing 5/19/2022 281.05 Ethernet cables for server room setup 5/03/2022 276.75 Maintenance work on A83 5/30/2022 275.01 Food for Rec Event EVs Last Day at FFO 5/05/2022 270.00 Lead Inspector/Assessor State recertification 5/18/2022 267.75 Email Marketing - May 22 5/13/2022 264.44 Monthly Shredding Services - 2 bins, weekly - April 5/12/2022 260.85 March 2022 Charge ADA Restroom Event Center LaHonda OSP 5/05/2022 259.15 Water service for 330 Distel 5/04/2022 259.00 Nature Center camera stream one month service 5/18/2022 259.00 Video display cables for new desk setup 5/06/2022 255.81 Maintenance on M224 5/10/2022 252.42 Label printer. 5/10/2022 247.04 SESAMEE COMBO LOCKS 5/09/2022 233.98 Paint Supplies 5/20/2022 228.80 AO-supplies for mounting cabinets 5/04/2022 227.97 Flight for Esri Conf. San Diego July 2022 GIS Program Admin 5/03/2022 225.00 SFO Backup Internet 1 month. 5/13/2022 222.00 American Public Works Assn Annual Membership Dues S Chan 5/12/2022 218.96 Personal Protective Equipment for Chainsaw 5/05/2022 218.67 Concrete Restock 5/03/2022 218.00 LexisNexis Online Subscription from April 2022. 5/11/2022 207.48 Duplicate charge for subscription- refunded next month. 5/11/2022 207.48 LA Times - Annual subscription 5/23/2022 204.07 Furniture moving blankets, 5/02/2022 204.00 Cleaning of table cloths for Bayside Family Festival- 50th 5/17/2022 200.00 Remote admin tool one month service 5/27/2022 199.00 Facilities maint training membership 5/12/2022 196.54 AO-batteries - bathroom dispensers. 5/04/2022 195.00 Ranger ID card printing and set up 5/30/2022 192.50 SFO sealant for bat exclusion 5/02/2022 191.41 M233 CB Radio 5/02/2022 191.41 M236 CB Radio 5/02/2022 191.41 M237 CB Radio 5/02/2022 184.98 Hand sanitizer dispenser and ADA restroom signs 5/09/2022 183.74 ATV #4 Battery replacement 5/02/2022 180.00 Costco Membership Renewal for June 2022-June 2023 5/19/2022 179.00 Together Bay Area conference 5/23/2022 178.32 AO- supplies desk set up/cabinet mount 5/02/2022 177.97 supplies Bayside Event 5/12/2022 175.44 Staff appreciation lunch - GMO 5/05/2022 175.07 Maintenance for P101 5/02/2022 174.08 Debris Disposal - PT Wood 5/13/2022 166.75 Storage totes and supplies for IT equipment 5/05/2022 165.35 Garbage service for 330 Distel 5/02/2022 163.65 AO-furniture dollies for 5050 move. 5/02/2022 158.61 Meals for staff and volunteers at the Bayside Family Festival 5/05/2022 158.49 Water service for 5050 El Camino #2 5/30/2022 158.23 OC for FTO program 5/17/2022 157.10 M221 EMO Truck - Tools 5/02/2022 155.88 web hosting MAA Story Map 5/16/2022 154.61 Mill files 5/02/2022 152.87 Propane Tank Rental Fee for Bergman 5/16/2022 152.75 Lunch for office move day 5/30/2022 152.49 Invoice 343659 New Fire Extinguisher for equipment mounting 5/02/2022 152.23 Debris Disposal 5/06/2022 150.00 Outreach booth fee for La Honda Fair June 4-5 5/10/2022 150.00 Tick testing 5/05/2022 147.39 Maintenance work on M215 5/13/2022 147.32 Lunch for office move day 5/19/2022 146.54 Cleaning Supplies 5/16/2022 146.53 M21 Repairs 5/06/2022 143.40 SD cards for ongoing wildlife camera projects 5/09/2022 141.02 Water proof flashing for bridge / puncheon repairs 5/23/2022 133.98 FFO - Kitchen Supplies 5/24/2022 132.45 17 name badges for staff - LF and EC 5/24/2022 129.65 Water at 897 La Honda Rd. To be reimbursed 5/13/2022 128.43 Earpieces for ranger radios 5/30/2022 125.00 Inv 343678 First Aid oxygen tank hydrotest 5/30/2022 125.00 Invoice 343810, First Aid oxygen tank hydrotest 5/09/2022 119.66 Coastside Fire District permit fee Johnston Ranch 5/26/2022 119.22 License Plate Holder M228 5/05/2022 114.93 Restroom ADA signs 5/25/2022 112.43 Mounting materials Boardroom District Map new AO 5/20/2022 111.75 GFOAs Fundamentals Training 5/02/2022 110.96 RSACP - Signs for New Electric Gate 5/11/2022 110.30 Refreshments for move prep 5/24/2022 110.30 Refreshments for move in days 5/06/2022 109.00 Locksmith to get into public storage unit 5/17/2022 106.15 Water at 897 La Honda Rd. To be reimbursed 5/10/2022 106.00 Maintenance for P110 5/02/2022 105.99 Cap for Water Tank 5/13/2022 105.00 Pest control at 330 Distel 5/31/2022 102.98 Under the Vest MAXX Dry vest 5/12/2022 101.67 SAO - Kitchen Supplies 5/18/2022 95.00 Qualified SWPPP Developer Certification Renewal 5/17/2022 93.80 AO - Disposal of Excess Cardboard from Move 5/19/2022 93.48 Coffee and toilet paper for office 5/02/2022 93.23 RW - Supplies for Event Prep 5/02/2022 92.68 Toilet paper dispensers 5/23/2022 90.23 EMS Oxygen Supply Bag 5/16/2022 89.43 Note pads and charging cables for tablets nd 5/03/2022 87.60 Water Feb 25 to Mar 24 2022 at Hosking Barn 5/16/2022 86.60 Gasoline for A-95 / Toyota 5/11/2022 85.67 Staff Lunch for Board Lexington Tour 5/11/2022 84.64 AO-craftsman 2.5 gallon wet an dry vacuum 5/25/2022 83.87 Door Stop and Bolts for Signs 5/03/2022 81.98 Volunteer Tools 5/05/2022 81.01 NR Field Supplies - Strion flashlight 5/30/2022 80.73 Ford Truck interior grab handle 5/18/2022 80.72 Label print cartridges for IT inventory and switch labeling 5/17/2022 78.35 Tree Diameter Measuring Tape 5/03/2022 76.64 Water service for SFO 5/03/2022 75.00 MB Pay phone INV_2086414 5/04/2022 75.00 Ranger Recruitment Advertisement 5/12/2022 75.00 Governmental Accounting Course for Accounting Technician 5/26/2022 75.00 VPL Recruitment Advertisement 5/27/2022 75.00 CA Council of Land Trusts Forum registration for Egan Hill 5/17/2022 74.19 Water Mar 25 to Apr 26 2022 at Thornewood 5/06/2022 74.00 Calibration and recertification for radar guns 5/16/2022 73.92 Storage Buckets 5/16/2022 73.66 Custom Tabs for Public Hearing Binders 5/12/2022 71.31 AO-storage totes for LF storage 5/19/2022 69.30 Postage for Public Hearing Binders for Board Members 5/25/2022 69.02 Half face mask and snake gaiters for biological surveys 5/09/2022 65.00 5050-Alarm services for 5050 5/25/2022 63.85 Refreshments for move in days 5/02/2022 61.25 List Managment - Apr 22 5/30/2022 61.25 List Management - may 22 5/13/2022 60.29 ADA restroom signs 5/02/2022 60.00 2022 CA Trail and Greenways Conference Workshop 5/06/2022 59.91 Server mounting hardware 5/19/2022 59.56 Water service for 5050 El Camino #1 5/24/2022 59.03 Diesel Exhaust Fluid for SFO stock 5/18/2022 57.46 Batteries for marbled murrelet acoustic recording units 5/18/2022 53.41 USB flash drives. 5/30/2022 53.19 Shop Materials 5/20/2022 52.36 BINAX Antigen tests 2 count 5/06/2022 51.27 Kleenex 5/27/2022 51.22 Shop Supplies 5/30/2022 50.73 FFO - Farewell Breakfast for Erik V 5/20/2022 50.04 Volunteer Supplies 5/23/2022 50.00 New CMS-integration w/MailChimp - May 22 5/30/2022 50.00 FFO backup internet service. 5/30/2022 49.50 Web Forms - May 22 5/26/2022 48.30 Publish budget public hearing notice 5/23/2022 47.08 Hardware and Filters 5/27/2022 46.42 Refreshments for move in days 5/09/2022 45.92 Antenna for M207 5/13/2022 45.80 Welding Materials 5/13/2022 45.46 4984 El Camino AO#3 wall patch materials 5/31/2022 44.15 Sanding Wheel Discs 5/19/2022 43.56 Keys for Dog Waste Bins 5/16/2022 42.65 Food for community engagement hike 5/03/2022 42.10 Hand sanitizer dispensers 5/13/2022 40.95 Refreshments for move prep 5/02/2022 40.47 Dog Bin Hardware 5/12/2022 40.34 Batteries 5/06/2022 39.00 Web Analytics - May 22 5/06/2022 38.19 Shelf organizer for the shop 5/26/2022 38.00 AO- alarm permit fee 5/26/2022 38.00 Alarm permit fee for 5050 5/11/2022 37.41 Nails and Pliers 5/13/2022 36.39 Velcro cable ties and electronics cleaning wipe packets 5/03/2022 35.00 Web link tracking QR code - May 22 5/09/2022 34.03 Oil, Coolant for P111 5/19/2022 33.81 Batteries 5/19/2022 33.24 FOOSP - Water Conditioning Service - MAY 5/16/2022 32.72 Electronics cleaning wipes and cloths 5/13/2022 31.84 Refreshments for move day 5/13/2022 31.71 Brass tags for keys 5/05/2022 31.54 Batteries- office supplies 5/02/2022 30.24 Antenna for M233 5/02/2022 30.24 Antenna for M236 5/02/2022 30.24 Antenna for M237 5/19/2022 29.73 Credit card use fee - County permit 5/13/2022 29.00 Midpen Webstore - May 22 5/20/2022 28.74 Ride from train to Together Bay Area field trip 5/20/2022 27.96 Volunteer Supplies 5/24/2022 27.95 Bottled water 5/20/2022 27.26 Pinesol cleaner 5/23/2022 26.25 Parking for Together Bay Area Cal Academy field trip 5/02/2022 24.00 FFO - Office Supplies 5/25/2022 24.00 Refreshments for move in days 5/19/2022 23.99 Wood stain brushes FFO. 5/16/2022 22.78 Key rings 5/16/2022 22.64 Building Permit Credit Card Fee - Red Barn Roof Repair 5/25/2022 21.82 Water pressure test gauge/plumbing fittings 5/06/2022 21.79 New lock for public storage unit 5/09/2022 21.51 MB 1470 Montebello Road Electricity 5/09/2022 20.72 New lock for public storage unit. 5/24/2022 20.03 filters for half face mask for use during biological surveys 5/20/2022 19.75 Ride to train after Together Bay Area field trip 5/26/2022 19.63 Water Spigot for Main Shop 5/02/2022 18.00 Parking for 2022 CA Trail and Greenways Conf. Workshop 5/05/2022 17.99 Web translation - May 22 5/13/2022 17.04 RSACP - Anchors for Bike Repair Station 5/12/2022 16.97 Food for District Staff Recognition Related to 5050 Move 5/11/2022 16.89 paint supplies for sign cache FFO 5/11/2022 16.50 Parking in Sacramento for in-person meetings with CNRA staff. 5/20/2022 15.93 5050 additional keys new AO 5/02/2022 14.47 FFO - Office Supplies 5/04/2022 14.00 Monthly subscription for San Jose Mercury News. 5/16/2022 13.98 Food for community engagement hike 5/16/2022 12.86 Refreshments for move day 5/12/2022 12.45 SFO office / kitchen supplies 5/06/2022 12.37 Credit card service fee 5/30/2022 12.24 Volunteer Supplies 5/05/2022 12.02 Steno pads 5/09/2022 11.99 Compostable trash bags for nature center 5/27/2022 11.99 Cloud storage for BoD files one month 5/13/2022 11.47 Store shipping 5/09/2022 11.42 Volunteer Supplies 5/30/2022 11.33 postage to send tick for testing 5/23/2022 10.90 frozen mice for gopher snake 5/16/2022 10.28 Spiral note pads 5/09/2022 9.98 Recognition snacks 5/05/2022 9.65 Postal fee for mailing back flashlights for warranty repair 5/02/2022 9.59 supplies Bayside Event - lost receipt 5/10/2022 7.00 GIS Request Desk subscription 5/04/2022 6.35 Cross border fee for TRAFx dock 5/09/2022 4.36 Wood filler for Alma College railing BCR. 5/30/2022 4.36 Wire brush 5/06/2022 0.39 Hotjar web analytics 5/30/2022 (20.72) Return of lock that didnt fit storage unit 5/25/2022 (44.00) Reimbursement for Battery Recycling M213 5/18/2022 (252.42) Label printer refund item out of stock 137,255.85 Total Wells Fargo Credit Card May 2022 R-22-88 Meeting No. 22-19 August 10, 2022 AGENDA ITEM 3 AGENDA ITEM Teleconferenced Board Meetings Pursuant to the Brown Act and Assembly Bill 361 GENERAL MANAGER’S RECOMMENDATION Adopt a resolution affirming findings on the continued need for remote teleconferenced public meetings pursuant to AB 361. SUMMARY On October 13, 2021, the Board of Directors (Board) adopted Resolution 21-33 recognizing the continuing state of emergency in California and authorizing remote teleconferenced public meetings of the Midpeninsula Regional Open Space District (District). This action was taken pursuant to new legislation modifying the Brown Act to empower local public agencies to conduct meetings by teleconference, including video conference, without complying with traditional Brown Act teleconference regulations during a period of emergency (“AB 361”). The legislation requires the Board to reconsider the need for remote public meetings every 30 days. DISCUSSION On October 13, 2021, the Board of Directors (Board) adopted Resolution 21-33 recognizing the continuing state of emergency in California and authorizing remote teleconferenced public meetings of the District. This action was taken pursuant to AB 361, which empowers local public agencies to conduct meetings by teleconference, including video conference, without complying with traditional Brown Act regulations during a period of emergency. The legislation requires the Board to reconsider the need for remote public meetings every 30 days. Pursuant to California Government Code section 54953(e), the General Manager recommends continuing the option of holding and attending remote/teleconferenced meetings in the near term in order to protect the health and safety of attendees and District Board and staff due to the characteristics of the COVID-19 pandemic. The Resolution (Attachment 1) makes findings allowing the District to continue holding teleconferenced meetings for the next 30 days. Despite the removal of state requirements for social distancing, the California Department of Public Health (CDPH) still recommends that persons who are at a higher risk for severe illness from COVID-19—such as those older than 65, those who have high blood pressure or heart disease, or those with weakened immune systems—continue to protect themselves and their loved ones by staying at least six feet apart from people outside their households (refer to the CDPH website). On May 13, 2022, the Santa Clara County Emergency Operations Center issued R-22-88 Page 2 a press release regarding the importance of taking safety precautions, including masking indoors, as the region continues to experience COVID cases and hospitalizations. In February 2022, Governor Newsom issued Executive Orders sunsetting certain emergency measures that were no longer necessary to address the COVID pandemic. Nevertheless, to date, the state of California continues to operate under a proclaimed emergency. Additionally, the Santa Clara County Public Health Department issued a memo dated September 21, 2021 that remains in effect recommending that public bodies continue to meet remotely, if possible, due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. Under AB 361, once the Board adopts a resolution to hold teleconferenced meetings, all of the following requirements apply under the Brown Act: 1. Notice and agenda posting requirements generally remain the same. 2. No physical location is required for public attendance or public comment at public meetings. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda. 3. Teleconferenced meetings must protect the statutory and constitutional rights of the parties and the public. 4. If there is any disruption of the call-in or internet-based service, the agency must suspend the meeting until the problem is fixed. 5. Legislative bodies may allow public comments to be submitted prior to a meeting and must also allow the public to participate in real time through call-in or internet-based service. 6. If an internet-based service requires registration through a third-party, individuals can be required to register with the third-party to participate in the meeting. 7. When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment and must also include reasonable time for members to register with a third- party host, if applicable. The District’s current remote meeting operations meet these requirements. Taking the recommended action and adopting the proposed resolution would allow the Board to continue to meet remotely, without adhering to the regular teleconference rules, for an additional 30 days. Under the resolution, the Board could elect to meet entirely remotely or in a hybrid format with some Board members attending in-person and some attending virtually. With a hybrid meeting, the public would be able to provide public comment either in-person or virtually. FISCAL IMPACT The cost of continuing teleconferenced meetings is approximately $500 per month for the Zoom webinar subscription. There are sufficient funds in the FY23 budget for this expense. R-22-88 Page 3 BOARD AND COMMITTEE REVIEW None. 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 The resolution is effective for 30 days. It is yet unclear when the Santa Clara County Health Department will revise or rescind its recommendation to continue remote public meetings. Therefore, the District is preparing to begin hybrid public meetings recognizing that some participants may want to continue attending remotely. Board members who wish to continue attending public meetings remotely after the state and local guidelines change would work with the District Clerk to ensure that their meeting location is included in public notices as required by the Brown Act. Attachments: 1. Resolution affirming findings on the continued need for remote teleconferenced public meetings of the Board of Directors and Board Committees Responsible Department Head: Ana Ruiz, General Manager Prepared by: Hilary Stevenson, General Counsel Staff contact: Ana Ruiz, General Manager Hilary Stevenson, General Counsel Resolutions/2022/22-xx_AffirmTeleconferenceMeetings 1 ATTACHMENT 1 RESOLUTION NO. 22-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AFFIRMING FINDINGS ON THE CONTINUED NEED FOR REMOTE TELECONFERENCED PUBLIC MEETINGS OF THE BOARD OF DIRECTORS AND BOARD COMMITTEES WHEREAS, the Midpeninsula Regional Open Space District (“District”) is committed to preserving and nurturing public access and participation in meetings of the Board of Directors; and WHEREAS, California Government Code section 54953(e) empowers local legislative bodies to conduct meetings via teleconferencing under specified conditions, including that the Board of Directors make specified findings every 30 days; and WHEREAS, the Governor of the State of California’s March 4, 2020 Proclamation of a State of Emergency remains in effect as of the date of this Resolution; and WHEREAS, on September 21, 2021, the Santa Clara County Health Officer issued a Recommendation Regarding Continued Remote Public Meetings of Governmental Entities, basing the recommendation on: 1) the continued threat of COVID-19 to the community, 2) the unique characteristics of public governmental meetings (such as the increased mixing associated with bringing together people from across the community, the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to fully participate in public governmental meetings, and the challenges with fully ascertaining and ensuring compliance with vaccination and other safety recommendations at such meetings), and 3) the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission; and WHEREAS, COVID-19 cases and hospitalizations began increasing in May and new COVID-19 variants continue to emerge, including a recent variant with increased transmissibility that can affect the County’s hospital capacity. Holding in-person meetings with all members of the legislative body, staff, and the public in attendance in a shared indoor meeting space could particularly impact persons who are at higher risk of severe illness; and WHEREAS, for the reasons set forth above, the District is concerned about the health and safety of all individuals who attend open and public meetings of the District; and WHEREAS, the conditions under which Board of Directors initially determined that there is a need to conduct meetings via teleconferencing as set forth in Resolution 21-33 are therefore still in existence. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AS FOLLOWS: 1. The Board of Directors has reviewed the need for continuing teleconferenced meetings. Resolutions/2022/22-xx_AffirmTeleconferenceMeetings 2 ATTACHMENT 1 2. In compliance with California Government Code section 54953(e), the Board makes the following findings: a. The state of emergency continues to impact the ability of the District’s legislative bodies, as well as staff and members of the public, to meet safely in person. b. State or local officials continue to impose or recommend measures to promote social distancing. 3. The Board of Directors authorizes and directs the General Manager and legislative bodies of the District, including all standing and ad hoc committees of the Board of Directors, and all advisory bodies created or appointed by the Board of Directors, including the Bond Oversight Committee, to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act. 4. This Resolution is effective upon adoption. * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ____, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk R-22-92 Meeting 22-19 August 10, 2022 AGENDA ITEM 4 AGENDA ITEM Federal Legislative Positions for Consideration by the Midpeninsula Regional Open Space District GENERAL MANAGER’S RECOMMENDATION: Approve the recommended list of federal legislative positions for the 2021-22 federal legislative session as unanimously supported by the Legislative, Funding, and Public Affairs Committee. SUMMARY Each year, the U.S. Congress introduces thousands of new bills for consideration. Legislative consultants and Midpeninsula Regional Open Space District (District) staff have reviewed these bills and identified specific legislation (Attachment 1) that merit action. This is the first review of federal legislative positions for the 117th Congress (2021-2022). The Legislative, Funding, and Public Affairs Committee (LFPAC) reviewed and provided input on the draft recommended list of federal legislative positions on July 12, 2022 and unanimously moved to forward the item to the full Board of Directors (Board) for approval with no recommended changes. DISCUSSION The 2022 Legislative Program (Attachment 2), which the Board approved at its January 26, 2022, meeting, reflects Board policy positions on issues affecting the District, its mission, and annual strategic goals (R-22-10) The 2022 Legislative Matrix identifies priority legislation to track this year. Staff and the District’s legislative consultants actively use the Board-approved Legislative Program to communicate District positions on bills, budget recommendations, and other legislative items to the respective authors and/or legislative committees, as appropriate. Throughout the session, staff fields time-sensitive requests from partners and monitors evolving pieces of legislation based on Board Policy 1.11 (Attachment 3). Legislation deemed a priority by the Board, pursuant to Board Policy 1.11, are tracked and, when appropriate, either supported or opposed. The General Manager keeps the Board notified of actions taken via separate memo. Please refer to Attachment 1 for an overview of the initial list of federal bills for proposed District priority action in the 2021-22 legislative session. The District’s federal legislative consultants, The Ferguson Group, have reviewed every bill submitted to the 117th Congress (2021-2022) to determine whether it had the potential to affect District interests and has recommended a position and priority. Appropriate department managers have assisted with a review of all potential bills of interest and provided a recommended position and priority for each bill. Approximately 50 federal bills are currently tracked, though only bills that would initiate action by the District at this time – R-22-92 Page 2 priorities 1 and 2 – are presented (see Attachment 4 for District Legislation Position and Priorities Definitions). At this time, no federal bills are deemed priority 1 and eight are priority 2. Since this is the first active consideration of federal legislation, the District may pursue more proactive federal policy advocacy in the future as staff become more familiar with both the benefits of federal funding and policy and how to best use advocacy to influence a bill’s course. At that point, bills may be deemed priority 1 and pursued accordingly. As the federal legislative session progresses, each bill may change (sometimes substantially), warranting further consideration and disposition concurrent with Board Policy 1.11. FISCAL IMPACT There is no fiscal impact associated with this briefing. BOARD AND COMMITTEE REVIEW On January 26, 2022, the full Board adopted the 2022 Legislative Program (R-22-10, minutes), accepting recommendations from the LFPAC. On July 12, 2022, LFPAC reviewed and provided input on the draft recommended list of federal legislative positions and took action to forward the item to the full Board of Directors for approval. There were no recommended changes requested (R-22-80, draft minutes attached). 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 Based on the Board-adopted 2022 Legislative Program and the bills identified as “priority 2”, staff will communicate District interests to its federal delegation, along with a request for them to co-sponsor the individual bills. ATTACHMENTS 1. Legislative Position Recommendations 2. 2022 Legislative Session Program – Adopted 3. Board Policy 1.11 - Positions on Ballot Measures and Legislative Advocacy 4. District Legislation Position and Priorities Definitions 5. Draft July 12, 2022 Legislative, Funding, and Public Affairs Committee Meeting Minutes Responsible Department Head: Korrine Skinner, Public Affairs Manager Prepared by: Joshua Hugg, Governmental Affairs Specialist Attachment 1 Recommended Federal Legislative Positions 1. HR 159 (Sires): Community Parks Revitalization Act. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: This bill provides assistance for local park and recreation facilities, programs, and infrastructure. Specifically, the bill requires the Department of Housing and Urban Development (HUD) to carry out a community revitalization program to award grants to local governments for various park and recreation purposes. Additionally, HUD may make secured loans for parks and infrastructure projects to entities such as governmental entities, special purpose districts, and corporations. Consistency with Legislative Program: Goal 3: Connect people to open space and a regional environmental protection vision: Position #5: Keeps preserves safe, clean, accessible and inviting for ecologically sensitive public enjoyment and education. 2. HR 1864 (Welch): RTP Full Funding Act of 2021. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: This bill amends title 23, United States Code, with respect to funding the recreational trails program (RTP), to require a study to determine the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury, and for other purposes. Consistency with Legislative Program: Federal Public Access Priority: Identify and pursue congressional action and/or administrative regulation to increase multi-modal access to District lands. Support legislation to promote urban connections to open space and recreation opportunities. Engage with congressional staff to place importance on open space access and the need for accessibility in the Bay Area. 3. HR 2682 (Crow): Outdoor Restoration Partnership Act of 2021. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: This bill provides direct support to local, collaborative efforts to restore habitat, expand outdoor access, and mitigate wildfire. It will also spur federal investment in areas at high-risk of wildfire, with high priority wildlife habitat, or in the wildland-urban interface - where homes and businesses meet wildland vegetation - to build climate resilience in the West. It also appropriates $60 Million to this end. Consistency with Legislative Program: Goal 2: Protect the positive environmental values of open space and agricultural lands. Goal 4: Strengthen organizational capacity and long- term financial sustainability to fulfill the mission: Position#10c: Provides funding and funding flexibility to achieve mission-related goals including, but not limited to: Wildfire prevention and fuel reduction. Federal Conservation and Species Protection Policy Priority: Support legislation to conserve endangered, threatened, or at-risk critical species in the Bay Area and the State of California. This includes identifying funding opportunities to support habitat and wildlife on the peninsula. 4. HR 2924 (Gomez): Transit to Trails Act of 2021. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: This bill establishes a program to award grants to entities that provide transportation connectors from critically underserved urban communities and rural communities to green spaces. The legislation takes an equitable approach to help communities nationwide with the highest need for better sustainable public transportation options, making access to these public lands more affordable and accessible for all. Consistency with Legislative Program: Federal Public Access Priority: Identify and pursue congressional action and/or administrative regulation to increase multi-modal access to District lands. Support legislation to promote urban connections to open space and recreation opportunities. Engage with congressional staff to place importance on open space access and the need for accessibility in the Bay Area. Federal Public Access Priority: Identify and pursue congressional action and/or administrative regulation to clearly define eligibility terms, including underserved, under-resourced, and disadvantaged. This also includes opportunities to establish definitions that recognize fundamental regional differences across the U.S. 5. HR 4079 (Blumenauer): Saving America’s Pollinators Act of 2021. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: The bill establishes a pollinator protection board to monitor the status of native pollinator populations and suspends the use of neonicotinoids and other pesticides harmful to pollinators until experts determine that they are safe to use. Consistency with Legislative Program: Federal Conservation and Species Protection Policy Priority: Support legislation to conserve endangered, threatened, or at-risk critical species in the Bay Area and the State of California. This includes identifying funding opportunities to support habitat and wildlife on the peninsula. 6. HR 4092 (Huffman): Coastal Habitat Conservation Act of 2021. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: This bill authorizes the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal areas that provide fish and wildlife habitat on which Federal trust species depend, and for other purposes. It also appropriates $120 Million to this end. Consistency with Legislative Program: Goal 2: Protect the positive environmental values of open space and agricultural lands: Position #13: Helps efforts to protect, conserve, restore and enhance the natural resources of the District, its coast, and connecting waters for environmentally sustainable and prudent use by current and future generations. 7. HR 4577 (Quigly): Park District Community Support Grant Program Act. - SUPPORT Recommendation: Priority 2. Submit a letter of support to the author and ask its delegation to co-author. Summary: This bill would establish the Park District Community Support Grant Program, which would allow the Department of the Interior to provide up to $100 Million to park districts for a variety of projects to support community engagement and preserve and protect historic structures. The legislation would make park districts, and special purpose districts, eligible to receive grant funds for the maintenance of land and water for parks, the operation of new or renovation of outdoor recreation facilities, and for the building operation, maintenance, or refurbishment of indoor or outdoor park district facilities. Consistency with Legislative Program: Goal 3: Connect people to open space and a regional environmental protection vision: Position #5: Keeps preserves safe, clean, accessible and inviting for ecologically sensitive public enjoyment and education. ### 1 Midpeninsula Regional Open Space District Legislative Program 2022 Adopted: January 26, 2022 Attachment 2 2 Contents Introduction ................................................................................................................................................ 4 Advocacy of the District’s Interests ..................................................................................................... 4 State Legislative Priorities ......................................................................................................................... 6 Goal 1: Promote, establish, and implement a regional environmental protection vision with partners .................................................................................................................................................... 6 Goal 2: Protect the positive environmental values of open space and agricultural lands .......... 6 Goal 3: Connect people to open space and a regional environmental protection vision............ 6 Goal 4: Strengthen organizational capacity and long-term financial sustainability to fulfill the mission ..................................................................................................................................................... 6 Legislative Policy Positions ...................................................................................................................... 7 Goal 1: Promote, establish, and implement a regional environmental protection vision with partners: ................................................................................................................................................... 7 Goal 2: Protect the positive environmental values of open space and agricultural lands: .......... 8 Goal 3: Connect people to open space and a regional environmental protection vision............. 9 Goal 4: Strengthen organizational capacity and long-term financial sustainability to fulfill the mission ................................................................................................................................................... 10 2022 Regional Priorities ........................................................................................................................... 12 Plan Bay Area 2050 .............................................................................................................................. 12 Regional Housing Needs Allocation ................................................................................................. 12 Regional Collaboration ........................................................................................................................ 12 Active Transportation Programs ....................................................................................................... 12 Public Transit Connections to Public Open Space Lands (aka “Transit to Trails”) .................... 12 2022 Federal Policy and Funding Priorities ......................................................................................... 13 Topic ...................................................................................................................................................... 13 Highway 17 Project .......................................................................................................................... 13 Protection of Wildlife Corridors .................................................................................................... 13 Regional trail connections ............................................................................................................... 13 Topic ...................................................................................................................................................... 14 Fire Prevention and Resilience ....................................................................................................... 14 Ecologically Sensitive Vegetation Management .......................................................................... 14 Conservation & Species Protection ................................................................................................. 14 Attachment 2 3 Topic ...................................................................................................................................................... 14 Conservation Grazing ..................................................................................................................... 14 Habitat Enhancements .................................................................................................................... 14 Protection of Scenic Landscapes and Maintaining Healthy Working Lands .......................... 15 Cutting the Green Tape Initiative & Streamlining Permitting Processes ................................. 15 Topic ...................................................................................................................................................... 15 Greenhouse Gas Emission Reductions .......................................................................................... 15 Carbon Sequestration and Forest Management .......................................................................... 15 Climate Adaptation and Resiliency for Natural and Working Landscapes ............................ 15 Topic ...................................................................................................................................................... 16 Equitable Access ............................................................................................................................... 16 Multi-modal Access Improvements to Parks and Open Spaces ................................................ 16 Natural Surface Recreation Trails .................................................................................................. 16 Appendix A: .............................................................................................................................................. 17 Midpeninsula Regional Open Space Strategic Plan for FY2022-23 ............................................... 17 Goal 1 – Promote, establish, and implement a regional environmental protection vision with partners ..................................................................................................................................... 17 Goal 2 – Protect the positive environmental values of open space and agricultural lands ... 17 Goal 3 – Connect people to open space and a regional environmental protection vision ..... 17 Goal 4 – Strengthen organizational capacity and long-term financial sustainability to fulfill the mission ........................................................................................................................................ 18 Attachment 2 4 Introduction Midpeninsula Regional Open Space District’s Mission: To acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. As part of the Coastside Protection Area Service Plan, a Coastside mission was adopted: To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. To further these missions, the Midpeninsula Regional Open Space District (District) annually reviews opportunities and challenges and establishes legislative priorities and policy statements to guide its advocacy activities at the regional, state and federal levels. Advocacy of the District’s Interests While this document attempts to cover a wide variety of legislative issues that may impact the District, it is not comprehensive, complete or final. Throughout the state and federal legislative sessions, the District will review and act on various proposed policies and state or federal budget items. In instances where time is so short that neither the full Board, nor LFPAC, can be convened to consider a particular legislative position, the General Manager will take action through Board Policy 1.11 utilizing appropriate due diligence and consideration of public sensitivity, which may include consultation with the Board President. Per Section 2.0 of Board Policy 1.11, legislative advocacy is considered in the following manner: Section 2.0: Local, State, and Federal Legislative Advocacy a. The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic updates throughout the year regarding the District’s legislative program. When LFPAC determines that proposed legislation may affect District business, it may direct the General Manager to prepare a recommendation for consideration by the full Board or may direct the General Manager to take action to support or oppose the legislation without full Board approval when there is not adequate time to convene the full Board. In such cases, the General Manager or designee shall report to the Board any actions taken to support or oppose legislation at or before the next Board meeting. b. When time is so short that neither the full Board nor LFPAC can be convened to consider positions to support or oppose local, state or federal legislation, the General Manager is authorized to take a position on behalf of the District if the legislation: i. Is related to the District’s mission; AND Attachment 2 5 ii. Would directly impact the District’s business, such as project delivery, operations, finances, legal authority, or other District responsibilities; AND iii. The position being taken is consistent/inconsistent with existing District policy, past action, or the District’s annual Strategic Plan https://www.openspace.org/sites/default/files/FY23_Strategic-Plan- Goals_Objectives.pdf; OR iv. The legislation carries other considerations that make it contrary to the District’s interests. In such instances, the General Manager or designee shall report to the Board any actions taken to support or oppose the legislation at or before the next Board meeting. c. Full Board action is required regarding legislation that is not clearly within the criteria listed above under Section 2.b. or guided by direction previously given by LFPAC. All legislation on which the District takes a position will be closely tracked by the General Manager’s Office (GMO) and reported to the Board of Directors. Public Affairs staff will be responsible for reporting similar information to key departments. Contracted state legislative consultants will represent District interests based upon the policies contained in this Legislative Program. In addition to District position letters, Board members and District staff may be asked to testify before or meet with relevant legislators or members of the executive branch to discuss issues requiring heightened advocacy. If this is the case, District staff must first notify and/or confirm approval from the GMO to ensure that positions taken are consistent with the Board- approved Legislative Program. Attachment 2 6 State Legislative Priorities The following are the legislative priorities for the Midpeninsula Regional Open Space District during the 2022 State Legislative Session. Annual priority-setting considers a combination of issues that relate directly to important District-led projects or initiatives, opportunities to support or oppose state legislative initiatives sponsored by others that affect the District’s mission, and any issues that are identified by the Board as particularly significant. Funding measures are the most common of these priorities and are generally tied to the creation of new funding sources or the processes that prescribe the allocation of existing funding sources. The 2022 legislative priorities are listed and grouped below consistent with the Board’s annual Strategic Plan Goals and Objectives (See Appendix A) to provide a clear connection to agency priorities: Goal 1: Promote, establish, and implement a regional environmental protection vision with partners • Wildlife Corridors: Enable greater funding opportunities and permit streamlining to preserve and enhance wildlife corridors; promote wildlife permeability in the built environment. • Climate Adaptation Strategy: Support and influence the state's climate adaptation strategy to incorporate District priorities into its Safeguarding California Plan Goal 2: Protect the positive environmental values of open space and agricultural lands • Ecologically Sensitive Vegetation Management: Promote effective guidelines and funding for wildland fire fuel reduction efforts that minimize potential impacts to rare and endangered species and the risk of exacerbating the spread of invasive species. • Wildfire Prevention Funding: Promote wildfire-related funding sources that the District can utilize to implement its Wildland Fire Resiliency Program and comply with new Board of Forestry Minimum Fire Safe Standards. Goal 3: Connect people to open space and a regional environmental protection vision • Equitable Access: Expand access to and enhance funding eligibility for greenspace opportunities for under-resourced communities. Goal 4: Strengthen organizational capacity and long-term financial sustainability to fulfill the mission • State Funding: Pursue funding that benefits a wide range of open space priorities and promotes landscape-level climate resilience and equitable access to nature, particularly in the Bay Area. Attachment 2 7 • Cutting the Green Tape: Support efforts by the California Natural Resources Agency (CNRA) to streamline permitting processes for environmental restoration and stewardship projects. • Design Build Authority: Make permanent the District’s ability to utilize design build authority on construction projects to help lower costs, reduce implementation time and hire the best qualified contractors appropriate to the project. • Relationship Building: Continue to build strong relationships with legislators representing the District, prioritizing legislative districts that have changed substantially due to the 2021 redistricting. Legislative Policy Positions The ability of the District to deliver its mission and remain a sustainable organization can be impacted by legislation proposed on the local, state or federal level. To this end, proactive Board-approved policy positions taken by the District on a variety of relevant issue areas help to ensure consistency in advocacy. District policy positions are grouped by strategic plan goals. Goal 1: Promote, establish, and implement a regional environmental protection vision with partners: 1. Promotes and enhances the ability to acquire open space and agricultural lands consistent with District policies and goals. 2. Protects public open space as well as associated property rights, interests and easements. 3. Enhances and funds regional collaboration and coordination of conservation efforts. 4. Promotes the use of urban infill and urban growth boundaries to avoid sprawl; prevents pressure to develop open spaces and further encroach upon the wildland-urban interface and open space buffer areas. 5. Expands and restores protected open space lands to enhance biodiversity, climate change resilience, and scenic, rural character. 6. Ensures that the zoning of permanently protected lands supports activities that further the District’s mission (preservation, natural resource protection, public access and education, agriculture). 7. Protects natural and working lands from future development threats. 8. Supports land protection and biodiversity goals set forth by Governor Newsom’s Executive Order N-82-20 to establish the California Biodiversity Collaborative issued on October 7, 2020. This collaborative brings together governmental partners, California Native American tribes, experts, business and community leaders and other stakeholders from across California to protect and restore the State’s biodiversity. Attachment 2 8 9. Promotes the use of green infrastructure and natural solutions in combating the effects of climate change. Goal 2: Protect the positive environmental values of open space and agricultural lands: 1. Ensures reasonable setback requirements that allow minimum defensible space clearances to be met by private property owners to prevent catastrophic fires that damage habitats and pose a high public safety hazard. 2. Furthers implementation of Senate Bill 32 (2016), the Global Warming Solutions Act that establishes a greenhouse gas (GHG) reduction target for the state of 40 percent below 1990 levels by 2030. 3. Recognizes and incentivizes the use of natural and working lands for the purpose of carbon sequestration. 4. Supports effective and comprehensive Districtwide, regional and statewide measures that respond to sea level rise and other effects of climate change and enhance ecological and community resilience. 5. Enhances or streamlines the integration of wildlife corridors into transportation infrastructure planning and construction projects; promotes the protection, installation, and maintenance of wildlife corridors and support infrastructure. 6. Promotes advance mitigation programs to enhance wildlife corridor networks. 7. Connects habitats that support a diverse array of native plants and animals. 8. Encourages public road management agencies to control invasive plant populations and incorporate safe pedestrian and wildlife crossings across roadways and highways. 9. Eliminates the use of second-generation anticoagulant rodenticides. 10. Supports increased knowledge, management and ultimately the eradication of Sudden Oak Death disease. 11. Provides permit exemptions and streamlining for natural resources protection and restoration projects. 12. Supports maintaining state and federal lists of endangered species justified through conclusive biological evidence. 13. Helps efforts to protect, conserve, restore and enhance the natural resources of the District, its coast, and connecting waters for environmentally sustainable and prudent use by current and future generations. Attachment 2 9 14. Engages Native American communities in cultural and land management practices to restore and protect natural and cultural resources and enhance landscape resilience. 15. Protects and restores watersheds, water quality, natural water courses, wetlands and hydrologic processes consistent with the District’s Resource Management Plan. 16. Promotes expedited removal of select trees and brush by public agencies for fire protection, public safety and enhanced climate resilience, while protecting rare and endangered species and avoiding the spread of invasive species. 17. Supports prescribed fires as a natural component of a healthy ecosystem. 18. Supports working farms and ranches on public open space land that further conservation and climate resilience goals. 19. Supports the creation of and repairs to farm labor housing to foster farm operation sustainability that ultimately furthers conservation and climate resilience goals. 20. Incentivizes agricultural operations to invest in energy-efficient and water-efficient irrigation technologies that reduce greenhouse gas emissions and water use. 21. Protects natural lands from the destruction caused by illegal marijuana grows, prohibits marijuana grows on public lands, and restores damaged habitats. 22. Supports efforts to create and make available more complete sets of data for managing natural and working lands. 23. Provides economic support for agricultural infrastructure maintenance and improvements. Goal 3: Connect people to open space and a regional environmental protection vision 1. Helps expand educational opportunities for under-resourced and non-English speaking communities about the natural resources and benefits of open space and increases public appreciation for the environment. 2. Promotes volunteer involvement and engagement of diverse communities in ongoing conservation, restoration, enhancement and interpretation of the District’s natural resources. 3. Engages children and parents in the enjoyment and appreciation of outdoor open spaces to inspire the next generation of conservation champions. 4. Funds and enables programs that hire youth to work in parks and open space and encourages them to consider careers in conservation. Attachment 2 10 5. Keeps preserves safe, clean, accessible and inviting for ecologically sensitive public enjoyment and education. 6. Promotes awareness and access to open space programs and activities. 7. Protects cultural resources located on natural open space and working lands. 8. Helps fund and streamline emergency repairs to District infrastructure, including trails and public access amenities. 9. Supports federal, state and regional programs that provide local mobility/multi-modal alternatives for all residents. 10. Facilitates linkages between preserve trails and regional trails and ultimately to the places where people live and work. 11. Improves local transportation to enable better connectivity between communities and open space preserves. 12. Limits public use of drones (unmanned aerial vehicles) consistent with Board policies, ordinances or District permitting to preserve the tranquility of outdoor experiences, prevent disruptions and impacts to the natural resources and minimize wildfire risk. 13. Supports advances in broadband and telecommunications technology that provide internet access in open space. Goal 4: Strengthen organizational capacity and long-term financial sustainability to fulfill the mission 1. Preserves existing tax revenues and tax authority. 2. Lowers the vote threshold for locally imposed special taxes from two-thirds to 55%. 3. Preserves tax-exempt status for municipal bonds on a state and federal level. 4. Expands state and federal incentives that promote the issuance of green bonds. 5. Preserves and promotes managerial discretion in effective and productive recruiting, hiring, firing and day-to-day oversight of staff at all levels. 6. Preserves and promotes open, transparent, accountable government administrative practices that promote the efficient and timely delivery of public services, facilitate public involvement, and support effective and timely decision-making. 7. Maintains prevailing wage and workers compensation exemptions for volunteers. 8. Preserves and promotes streamlined, cost-effective, fair, and efficient contracting practices that give taxpayers the best value for their dollar and attracts greater contractor and vendor competition, particularly among local providers. Attachment 2 11 9. Enables contracting methods that aid greenhouse gas emission reductions and support the implementation of the Board-adopted Climate Action Plan. 10. Provides funding and funding flexibility to achieve mission-related goals including, but not limited to: a. District operations and infrastructure. b. Integrated Pest Management and ecologically sensitive vegetation management, including approaches like conservation grazing. c. Wildfire prevention and fuel reduction. d. Programs that hire youth to work in parks and open space and encourages them to consider careers in conservation. e. Environmental education partnerships and public outreach efforts at local and state levels. f. Improvements that meet the Americans with Disability Act (ADA) and other accessibility standards in District preserves. g. The protection of prime and sustainable agricultural lands, including investments in agricultural-support infrastructure. h. Funding for local partners to receive technical support for agriculture and natural resources enhancements. i. Wildlife corridors and crossing infrastructure. j. Low-intensity, ecologically sensitive public access opportunities. k. Public interpretation of natural, cultural and historic resources. 11. Promotes closer collaboration and coordination between regulatory agencies to enhance permit processing efficiency and reduce overall project costs. 12. Improves and streamlines permitting, CEQA review and compliance processes for emergency repairs, routine maintenance, habitat restoration, and public access projects. 13. Provides open space districts the authority to utilize a variety of contracting methods to construct projects, including design-build methodologies. 14. Promotes implementation of and education about sustainable design and construction, including but not limited to LEED buildings, stormwater treatment and runoff reduction, local (within 50-mile radius of a project) contractor/consultant hiring, construction material reuse/recycling, and use of green/energy efficient materials and equipment. 15. Supports the District’s diversity, equity and inclusion goals. Attachment 2 12 2022 Regional Priorities Though there is a growing recognition of the importance of regional planning and coordination, local land use authority dominates California planning processes in both the built and natural environments. In 2022, the District will focus on the following regional topics: Plan Bay Area 2050 Monitor to ensure that the implementation of Plan Bay Area 2050’s environmental strategy – Expand Access to Parks and Open Space – continues to pursue urban growth boundaries, protect and manage high-value conservation lands, and expand parks, trails and recreation facilities. In addition, actively participate in the re-scoping of the Priority Conservation Area (PCA) program to ensure District priorities are supported. Regional Housing Needs Allocation Ensure regional housing allocations and zoned housing locations do not impact sensitive habitats, wildlife corridors, and areas at high risk for wildfire. Regional Collaboration Participate in regional collaboration and coordination efforts that focus on land conservation, resource protection, and ecologically sensitive public access. Active Transportation Programs Promote funding for the construction of bicycle/pedestrian paths, installation of bike racks and other projects and programs that make multi-modal access, including walking and biking easier, safer and more convenient. Promote funding and support for natural surface recreation trails as a means for the public to access and enjoy natural landscapes. Public Transit Connections to Public Open Space Lands (aka “Transit to Trails”) Support the expansion of funding for public transit options to access public open space and parks. Attachment 2 13 2022 Federal Policy and Funding Priorities With the recent change in leadership at the federal level, the District is optimistic about the opportunities that may lie ahead to pursue specific policy and funding priorities with our congressional and senate delegation. While the priorities below may be specific to federal initiatives, the policy positions contained within the broader 2022 Legislative Program apply to all levels of government. In general, federal priorities compliment the state priorities identified above. Also, participation in federal focus areas is considered on a case-by-case basis and subject to staff capacity. In 2022, the District will focus on the following: Wildlife Crossings/ Trail Connections Topic Action Item: Highway 17 Project Policy: Support legislation that enables the completion of the Highway 17 Crossings project. Funding: Identify and obtain federal funding for the Highway 17 Crossings Project in coordination with Caltrans and VTA programming. Pursue requests for the federal FY 2023 (federal FY 2023: Oct. 1, 2022 – Sept. 30, 2023) appropriations process for pre- construction funding through a Community Project Funding or Congressionally Directed Spending request. Protection of Wildlife Corridors Policy: Support legislation to increase funding opportunities for wildlife crossings and corridors. Engage in congressional hearings on the importance of wildlife crossings for both wildlife and driver safety. Engage with administration officials on the processes for future wildfire crossings and corridors programs through the U.S. Department of Transportation and the U.S. Fish and Wildlife Service. Funding: Research and evaluate funding opportunities to facilitate the protection of wildlife corridors and habitat connectivity opportunities. Regional trail connections Policy: Support legislation to increase funding opportunities for trails and trail connectors. Funding: Identify and research funding sources for trail development, connection, and upgrades. Research and evaluate a Community Project Funding or Congressionally Directed Spending request for multi-modal access projects in a future federal fiscal year appropriations process. Attachment 2 14 Wildfire Mitigation Topic Action Item: Fire Prevention and Resilience Policy: Support legislation to increase western wildland fire resiliency and prevention. Engage with congressional and administration staff on the continued need for, and importance of, wildfire prevention and resiliency programs and funding across the Western U.S. Funding: Research and evaluate a Community Project Funding or Congressionally Directed Spending request for wildfire mitigation and prevention in a future federal fiscal year appropriations process. Ecologically Sensitive Vegetation Management Policy: Support legislation that promotes the principles of ecologically sensitive vegetation management. Funding: Research and evaluate federal funding opportunities to support vegetation and land management, including fuel reduction to promote wildfire resiliency and prevention. Conservation & Species Protection Topic Action Item: Conservation Grazing Policy: Support legislation that includes conservation grazing as a measure of wildfire mitigation and natural resource management. Engage with congressional staff on the importance of conservation grazing and its necessity as a tool for biodiversity conservation. Funding: Research and evaluate funding opportunities and federal actions to support conservation grazing and grazing for the purpose of fuel reduction and invasive species control. Habitat Enhancements Policy: Support legislation to conserve endangered, threatened, or at-risk critical species in the Bay Area and the State of California. This includes identifying funding opportunities to support habitat and wildlife on the peninsula. Funding: Research and evaluate federal funding to support natural and working lands, including native species and habitat. Attachment 2 15 Protection of Scenic Landscapes and Maintaining Healthy Working Lands Policy: Identify and support measures the District can participate in regarding the Biden Administration’s 30x30 Initiative, America the Beautiful. Funding: Research and evaluate opportunities to acquire land for conservation. Identify funding opportunities to support current District land management and conservation efforts. Cutting the Green Tape Initiative & Streamlining Permitting Processes Policy: Identify and pursue congressional action and/or administrative regulation to streamline permitting processes for environmental restoration and natural resource projects and increase regulatory staff capacity to process applications. Climate Change Topic Action Item: Greenhouse Gas Emission Reductions Policy: Support legislation and engage in congressional action to reduce greenhouse gas emissions and promote climate resilience. Engage with the Biden Administration’s 30x30 initiative and support provisions to reduce greenhouse emissions. Funding: Research and evaluate federal funding for activities to reduce greenhouse gas emissions and climate impacts. Pursue federal funding for electric vehicle charging infrastructure. Carbon Sequestration and Forest Management Policy: Engage with federal legislation and regulation that encourages carbon sequestration activities. Funding: Research and evaluate federal funding to support District- related carbon sequestration activities. Climate Adaptation and Resiliency for Natural and Working Landscapes Policy: Support policies to gather information about climate change, impacts, and management strategies. Support legislation and regulation to increase public land resiliency to climate change. Engage in congressional hearings on the impacts of climate change on public lands. Identify and participate in legislative processes regarding partnerships on reducing invasive species and negative climate impacts. Upon more information, pursue the Biden Administration’s 30x30 initiative to provide incentives for voluntary conservation practices on working lands. Attachment 2 16 Public Access Topic Action Item: Equitable Access Policy: Identify and pursue congressional action and/or administrative regulation to clearly define eligibility terms, including underserved, under-resourced, and disadvantaged. This also includes opportunities to establish definitions that recognize fundamental regional differences across the U.S. Funding: Research and evaluate federal funding opportunities to increase and expand parks access to underserved, under resourced, and disadvantaged communities. Multi-modal Access Improvements to Parks and Open Spaces Policy: Identify and pursue congressional action and/or administrative regulation to increase multi-modal access to District lands. Support legislation to promote urban connections to open space and recreation opportunities. Engage with congressional staff to place importance on open space access and the need for accessibility in the Bay Area. Funding: Research and evaluate funding opportunities to increase access and connections to bring visitors to the District, including expansion of multi-modal transportation options. Natural Surface Recreation Trails Policy: Support federal legislation and regulation to promote natural surface recreation trails. Engage with congressional and administrative staff to emphasize the importance of natural surface recreation trails. Funding: Research and evaluate funding opportunities to develop and expand recreational trails. Attachment 2 17 Appendix A: Midpeninsula Regional Open Space Strategic Plan for FY2022-23 Online at: https://www.openspace.org/sites/default/files/FY23_Strategic-Plan-Goals_Objectives.pdf Goal 1 – Promote, establish, and implement a regional environmental protection vision with partners Objective 1 – Continue implementation of the District’s Vision Plan and communicate progress on projects through reporting results and building partner relationships Objective 2 – Build and strengthen diverse partnerships to implement a collaborative and science-based approach to regional environmental protection Objective 3 – Build and strengthen relationships with legislators and other elected officials to advocate environmental protection goals Objective 4 – Preserve and connect open space and agricultural lands of local and regional significance Goal 2 – Protect the positive environmental values of open space and agricultural lands Objective 1 – Take a regional leadership role in promoting the benefits of open space Objective 2 – Protect and restore the natural environment to preserve healthy natural systems Objective 3 – Implement the Climate Action Plan, expand regional resiliency, and implement climate change adaptation strategies. Objective 4 – Work with fire agencies and surrounding communities to strengthen the prevention of, preparation for and response to wildland fires for enhanced ecosystem resiliency and public safety Objective 5 – Support the viability of sustainable agriculture and character of rural communities Goal 3 – Connect people to open space and a regional environmental protection vision Objective 1 – Engage the public in realizing the benefits and responsibilities of a regional environmental protection vision to further the District’s achievements in protecting open space and agricultural lands Attachment 2 18 Objective 2 – Implement diversity, equity, and inclusion (DEI) strategies to build and strengthen partnerships, increase broad and inclusive public outreach and engagement, and instill DEI values across all levels of the organization Objective 3 –Expand opportunities, including multimodal options, to equitably connect people to their public open space preserves in balance with while balancing the protection of natural resources Objective 4 – Reflect the diverse communities we serve in the District’s visitors, staff, volunteers, and partners Goal 4 – Strengthen organizational capacity and long-term financial sustainability to fulfill the mission Objective 1 – Provide the necessary resources, tools, training, and infrastructure, including technology upgrades and capacity building Objective 2 – Update the financial and operational sustainability model to guide operational growth and areas of focus to effectively and efficiently deliver Vision Plan projects and priority initiatives Objective 3 – Maintain a state of readiness for potential disruptions and leverage new resiliency practices and procedures to improve business operations, public participation, and communications Objective 4 – Remain financially sustainable by preparing for, pursuing, and ensuring discretionary funding opportunities and partnerships Objective 5 – Ensure large capital expenses and land acquisitions, including associated public access and land management costs, are evaluated within the long- term financial model and remain financially sustainable Objective 6 – Continue to recruit, develop and retain talented staff to implement the District's mission and strengthen our organizational capacity Attachment 2 Midpeninsula Regional Open Space District Board Policy Manual Positions on Ballot Measures and Legislative Advocacy Policy 1.11 Chapter 1 – Administration and Government Effective Date: 4/13/16 Revised Date: N/A Prior Versions: N/A Board Policy 1.11 Page 1 of 3 Purpose To establish a policy governing positions on local and state ballot measures/propositions and state and federal legislative advocacy. It is intended to cover all matters before the Legislature and the voters. Definitions For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the following terms and definitions shall be used: Measure – may be included on a municipal, county, or district ballot and includes ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or county charter amendments, or any other measure or proposition a legislative body may submit to the voters within the body’s jurisdiction. Ballot Proposition – can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. Propositions may be placed on the ballot by the California State Legislature or by a qualifying petition signed by registered voters. Initiative – power of the electors to propose legislation, and to adopt or reject them. Any proposed ordinance may be submitted to the legislative body by means of a petition. Referendum – applies to the process for repealing newly enacted legislation. Within specified time limits, the electors may file a petition protesting the adoption of that legislation. Local Legislation – typically ordinances, which are the laws of a city, charter, or district, often having the force of law, but only within the local jurisdiction. State or Federal Legislation – bills or proposed legislation under consideration by the legislature at the state or federal level. Attachment 3 Board Policy 1.11 Page 2 of 3 Policy 1.Positions on Matters Before the Voters a.From time to time the Board of Directors may be asked or may desire to take a position on local or state measures. The Board may consider taking a position on the measure/proposition if the measure/proposition: i.Would directly impact the District’s finances, responsibilities, legal authority, or operations; AND ii.Is in line with or inconsistent with the District’s mission and/or commitment to preserve open space within its boundaries and sphere of influence. The Board, by majority vote, may direct the General Manager to research the measure/proposition and return to the Board at a future meeting with information and a General Manager recommendation. At that time, the Board may vote to take a position on a measure/proposition. b.Measures/propositions determined to not impact District business may nonetheless be analyzed by the General Manager when directed by a majority vote of the Board, of which the analysis report would include possible alternatives for Board action, but no position recommendation. 2.Local, State, and Federal Legislative Advocacy a.The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic updates regarding the District’s legislative program. When LFPAC determines that proposed legislation may affect District business, it may direct the General Manager to prepare a recommendation for consideration by the full Board or where there is not adequate time to convene the full Board, may direct the General Manager to take action to support or oppose the legislation without full Board approval. In such cases, the General Manager or designee shall report to the Board any actions taken to support or oppose legislation at or before the next Board meeting. b.When time is so short that neither the full Board nor LFPAC can be convened to consider positions to support or oppose local, state or federal legislation, the General Manager is authorized to take a position on behalf of the District if the legislation: i.Is related to the District’s mission; AND ii.Would directly impact the District’s business, such as project delivery, operations, finances, legal authority, or other District responsibilities; AND iii.The position being taken is consistent/inconsistent with existing District policy, past action, or District Strategic Plan; OR iv.The legislation carries other considerations that make it contrary to the District’s interests. In such instances, the General Manager or designee shall report to the Board any actions taken to support or oppose the legislation at or before the next Board meeting. c.Full Board action is required regarding legislation that is not clearly within the criteria listed above under Section 2.b. or guided by direction previously given by LFPAC. Attachment 3 Board Policy 1.11 Page 3 of 3 3.Full Board action is required to support or oppose any type of grassroots advocacy action, such as social, political, or economic movements, that are not legislation. 4.Board members representing the District in their official capacity on regional or other bodies may, at his or her discretion, take actions based on the principles above consistent with previously approved Board positions and policies. 5.This policy is not intended to limit the prerogative of individual Board members from expressing their individual support for or opposition to any local ballot measure, State proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing so, the member should clearly state they are speaking for themselves, and not in an official capacity on behalf of the Board or the District. Individual Board Members who take a position in support or opposition to ballot measure or legislation for which the Board has not previously taken a position are encouraged as a professional courtesy to include the language for identification purposes only parenthetically following their signature referencing their position on the Board. Attachment 3 Attachment 4 Definitions for Bill Positions and Priority Levels Support: • Support – A position given to bills and propositions that would be a benefit to Midpen’s ability to serve its communities. • Support if Amended – A position given to bills that may be a benefit to the Districts’ ability to serve its communities, so long as specific amendments are taken to the bill. If the requested amendments are taken by the author, public affairs department staff may recommend changing Midpen’s position to support. • Recommend Support– Position recommended by legislative consultant and/or, along with a potential priority number, prior to GM or Board review. Oppose: • Oppose – A position given to bills and propositions that would be a detriment to Midpen’s ability to serve its communities. • Oppose unless Amended – A position given to bills that may impede the District’s ability to serve its communities, so long as specific amendments are taken to the bill. If the requested amendments are taken by the author, public affairs department staff may recommend changing Midpen’s position to support. • Concerns – A position given to bills that could be a detriment to the District, but political, policy or other reasons do not warrant or lend themselves to a full oppose position. • Recommend Oppose – Position recommended by legislative consultant and/or, along with a potential priority number, prior to GM or Board review. Often staff and consultants will engage with the author’s office prior to assigning this designation. Watch: • Watch – A position given to bills that may directly affect Midpen but does not provide a significant benefit or impose a significant detriment to the District. Also includes bills that are in spot bill form on a subject area that concerns special districts and bills that are of notable interest to special districts, but do not warrant an active position or expenditure of Midpen resources. No position is taken; however, the progress and outcome of the bill is tracked. A position may be considered later. • Recommend Watch – Position recommended by legislative consultant. Attachment 4 Priority: Priority 1: Bills given a “1” priority have a major importance and directly affects the District, and/or may set a critical precedent. These bills will receive active attention by staff in public affairs and other impacted department(s). This may include extensive testimony in committee, meetings with the legislature, bill sponsorship, discussions with partner organizations, and public/media education, as appropriate. Priority 2: Bills given a “2” priority have a significant impact on the District and/or set a critical, relevant precedent. The General Manager/Board sends a position letter or signs on to a coalition letter, and staff may discuss the item with the legislature and/or provide testimony in committee, as time permits. Priority 3: Bills given a “3” priority may have a notable effect on the District, and/or set a meaningful precedent, but are determined to be a lower priority for staff resources. Public affairs staff, in collaboration with the impacted department(s), may sign on to a coalition letter with General Manager/Board approval. Committee testimony or discussions with the legislature may be conducted. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LEGISLATIVE, FUNDING, AND PUBLIC AFFAIRS COMMITTEE The Board of Directors conducted this meeting in accordance with California Government Code section 54953(e) and Midpeninsula Regional Open Space District Resolution 21-33. All Board members and staff participated via teleconference. Tuesday, July 12, 2022 DRAFT MINUTES CALL TO ORDER Director Holman called the meeting of the Legislative, Funding, and Public Affairs Committee to order at 1:05 p.m. ROLL CALL Members present: Larry Hassett, Karen Holman, and Pete Siemens Members absent: None Staff present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant General Manager Brian Malone, Assistant General Manager Susanna Chan, Chief Financial Officer Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer Woodworth, Public Affairs Manager Kori Skinner, Governmental Affairs Specialist Josh Hugg ORAL COMMUNICATIONS No public comments submitted. COMMITTEE BUSINESS 1. Approve the April 12, 2022 Legislative, Funding, & Public Affairs Committee meeting minutes. Motion: Director Siemens moved, and Director Hassett seconded the motion to approve the April 12, 2022 Legislative, Funding, and Public Affairs committee meeting minutes. Public comment opened at 1:07 p.m. Ms. Woodworth reported no public comments had been submitted. LFPAC Page 2 July 12, 2022 Public comment closed at 1:07 p.m. ROLL CALL VOTE: 3-0-0 2. Federal Legislative Positions for Consideration by the Midpeninsula Regional Open Space District (R-22-80) Governmental Affairs Specialist Josh Hugg reviewed the process for tracking, analyzing, and making recommendations for federal legislation. Mr. Hugg described the seven pieces of legislation District staff is recommending a support position on, including legislation to support funding for recreational trails, outdoor restoration, transit to trails, coastal habitat conservation, etc. The Committee members requested and received clarification regarding the federal legislation process and the bills proposed for District support. Chair Holman suggested seeking additional support for the various pieces of legislation from other local agencies and organizations, such as support from the City of East Palo Alto for the Transit to Trails Act of 2021. Chair Holman suggested including information regarding the status of the legislation that staff have been tracking. Mr. Hugg stated staff can include status updates in the biweekly report for the federal legislation in addition to the state legislation updates currently included in the biweekly report. Public comment opened at 1:52 p.m. Ms. Woodworth reported no public comments had been submitted for this item. Public comment closed at 1:52 p.m. ADJOURNMENT Chair Holman adjourned the meeting of the Legislative, Funding, and Public Affairs Committee at 1:52 p.m. ____________________________ Jennifer Woodworth, MMC District Clerk Rev. 3/15/21 R-22-93 Meeting 22-19 August 10, 2022 AGENDA ITEM 5 AGENDA ITEM Two-year extensions and/or two-year leases of four conservation grazing units in properties located in Purisima Creek Redwoods and La Honda Creek Open Space Preserves GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt a Resolution authorizing the General Manager to extend the current conservation grazing lease for two years, with an option for a one-year extension, with the current tenant, Tom Pacheco, for the Bluebrush Ranch in Purisima Creek Redwoods Open Space Preserve. 2. Adopt a Resolution authorizing the General Manager to extend the current conservation grazing lease for two years, with an option for a one-year extension, with the current tenants, Doniga and Erik Markegard, for the Lone Madrone Ranch in La Honda Creek Open Space Preserve. 3. Adopt a Resolution authorizing the General Manager to enter into a new two-year conservation grazing lease with an option for a one-year extension with current tenant, Vince Fontana, for the Lobitos Ridge Elkus Uplands and South Cowell conservation grazing areas located in Purisima Creek Redwoods Open Space Preserve and combine these two properties into a single lease. 4. Adopt a Resolution authorizing the General Manager to extend the current conservation grazing lease for two years, with an option for a one-year extension, with the current tenant, AGCO Hay, LLC, for the Driscoll Ranch in La Honda Creek Open Space Preserve. SUMMARY In support of Midpeninsula Regional Open Space District’s (District) Coastside mission of protecting and restoring the natural environment, preserving rural character, and encouraging viable agricultural use of land resources, the District manages several conservation grazing leases with ranchers. Four of these conservation grazing leases are expiring in calendar year 2022 or 2023. The General Manager recommends extending these leases for two years, with an option for a one-year extension, with the current tenant of each property upon expiration of each respective lease. The extensions will allow time to conclude the updates to and final adoption of the District’s Agricultural Policy, which may set new policies for the length of leases and the frequency for soliciting new requests for proposals for the conservation grazing units. R-22-93 Page 2 DISCUSSION In the late 1990s, as development was beginning to threaten the rural character and agricultural heritage of the San Mateo County Coast, residents expressed their support of extending District boundaries to the coast side area. In 2004, the expansion of District boundaries to include the San Mateo County coast was completed. The District made a commitment to the coast side community to preserve agricultural land and its rural character and to encourage viable agricultural land use as reflected in the District’s Coastside Protection mission statement. To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect, and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. Conservation grazing serves as an important natural resource management tool for maintaining sensitive grassland habitats while supporting viable agricultural uses of land resources. Conservation grazing differs from livestock production grazing in that conservation grazing is carefully managed and prescribed to specifically protect and enhance grassland habitat biodiversity, improve overall ecological health, and reduce fuels for wildland fire safety. Concurrently, conservation grazing supports sustainable livestock production as an agricultural land use. Each District property utilizing conservation grazing has a customized Rangeland Management Plan defining management parameters such as stocking rates, class of livestock, seasonality, and duration of grazing to ensure that the conservation goals and natural resource management objectives for the property are achieved. Conservation grazing is a critical tool utilized to manage the District’s 8,000 plus acres of coastal grasslands and is a mutually beneficial partnership with ranchers on the San Mateo County Coast. Separate to yet pertinent to the management of agricultural leases, the District is in the midst of updating its Agricultural Policy. During early Board review of current and potential future policy direction, Board members robustly discussed the Request for Proposal process for soliciting prospective grazing tenants and the selection criteria for identifying the top recommended tenant candidate. In the end, the Board directed the General Manager to reevaluate the grazing tenant selection process as part of the updates to the Agricultural Policy to identify procedural improvements that align with District goals and priorities. Based on extensive outreach to agricultural stakeholders on the San Mateo Coast as part of the Agricultural Policy work, stakeholder interest in agricultural leases largely centers on the lease length, frequency of open competition for leases, and selection criteria. The District anticipates completing the Agricultural Policy update late this year, bringing forth recommendations for Board consideration and final adoption in late 2022/early 2023. The upcoming Board adoption of the District’s updated Agricultural Policy is expected to provide new and improved direction for the management of agricultural leases. Given the expected implications of future policy changes to grazing leases and tenants, it behooves the District to enter into short-term lease extensions for those leases that will soon or have recently expired to bridge the gap for the upcoming adoption of the Agricultural Policy. Four existing conservation grazing leases are proposed to be extended for a two-year term. This timeframe will allow the District to complete its Agricultural Policy work, obtain final Board adoption of the new policy language, and provide sufficient lead time for existing tenants to adjust their operations as needed to best compete for future grazing leases under the new policy R-22-93 Page 3 requirements. Two-year leases will also give grazing tenants more economic certainty over the near term as opposed to going into a month-to-month holdover. The four grazing leases reaching the end of their terms in 2022 and 2023 are: PROPERTY EXPIRATION DATE TENANT LOCATION NEW EXPIRATION DATE Bluebrush Ranch August 31, 2022 Tom Pacheco Purisima Creek Redwoods OSP October 31, 2024 Lone Madrone October 31, 2022 Markegard Family La Honda Creek OSP October 31, 2024 Elkus\Lobitos October 31, 2023 Vince Fontana Purisima Creek Redwoods OSP October 31, 2025 Driscoll October 31, 2023 AGCO Hay, LLC La Honda Creek OSP October 31, 2025 The new two-year leases would be under the same terms as the existing leases with one exception. The Elkus\Lobitos property does not have corrals or a staging area for loading\unloading of cattle. Peninsula Open Space Trust constructed a new corral with an accessible loading area just prior to the District’s acquisition of the South Cowell property. The District’s purchase of South Cowell resolved corral loading\unloading issues on Elkus\Lobitos as the properties are adjacent to one another and are leased to the same tenant, Vince Fontana. Mr. Fontana operates the three properties as a single ranch. Merging the properties together under the one proposed two-year lease increases management efficiency and opportunity for improved cattle rotation. FISCAL IMPACT The District lease rate for grazing properties is calculated by multiplying the number of Animal Unit Equivalents (AUE) grazing on the property by the total number of months grazed for the season/year to obtain the total Animal Unit Months (AUM). The AUMs utilized are then multiplied by the current AUM market rate to determine the total lease fee for the year. The FY2022-23 AUM rate utilized by the District is $14.25 per AUM. The estimated initial annual lease rates for each of the properties discussed in this report are as follows: Ranch AUM (Annual) AUM Rate (2022) Annual Lease Fee Bluebrush 300 $ 14.25 $ 4,275.00 Lone Madrone 960 $ 14.25 $13,680.00 Driscoll 2,020 $ 14.25 $23,785.00 Elkus/Lobitos/South Cowell 336 $ 14.25 $ 4,788.00 BOARD AND COMMITTEE REVIEW • October 27, 2010: Board reviewed and approved the initial Elkus/Lobitos grazing lease with Vince Fontana (R-10-99, minutes) • August 22, 2012: Board reviewed and approved the Bluebrush Canyon grazing lease with Tom Pacheco (R-12-80) R-22-93 Page 4 • November 13, 2013: Board reviewed and approved the Driscoll lease with AGCO Hay, LLC, and the initial Lone Madrone (formerly MacDonald) lease with the Markegard Family ( R-13-103, minutes) • March 28, 2018: Board reviewed and approved the Tunitas Creek lease with Doug Edwards (R-18-27, minutes) • July 11, 2018: Board reviewed and approved the October Farms lease with Doug Edwards (R-18-79, minutes) • October 23, 2019: Board reviewed and approved the second Lone Madrone lease with the Markegard Family (R-19-137, minutes) • August 26, 2020: Board reviewed and approved the second Elkus/Lobitos lease with Vince Fontana (R-20-95, minutes) March 9, 2022: Board reviewed and declined new tenant selected for the Big Dipper lease (R-22-35, minutes) PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE In accordance with the California Environmental Quality Act (CEQA), Rangeland Management Plans for Lone Madrone, Elkus Lobitos, and Driscoll Ranches were previously evaluated through a Negative Declaration (Elkus Lobitos, adopted 2010) and Mitigated Negative Declaration (Lone Madrone and Driscoll, adopted 2012). The proposed conservation grazing lease extensions in Lone Madrone, Elkus/Lobitos/South Cowell, and Driscoll ranches are consistent with the Rangeland Management Plans and associated CEQA documents. The grazing lease at Bluebrush Ranch was determined to be categorically exempt from CEQA under Section 15301 in 2012. The proposed lease extension is consistent with the existing CEQA evaluation performed in 2012. NEXT STEPS Upon approval from the Board, General Manager will execute two-year lease extension agreements with each of the respective tenants prior to the expiration of each current lease term. Attachments: 1. Resolution authorizing the General Manager to extend the current conservation grazing lease with Tom Pacheco for two years, with a one-year option for extension, for the Bluebrush Ranch in Purisima Creek Redwoods Open Space Preserve. 2. Resolution authorizing the General Manager to extend the current conservation grazing lease with AGCO Hay, LLC for two years, with a one-year option for extension, for the Driscoll Ranch in the La Honda Creek Open Space Preserve. 3. Resolution authorizing the General Manager to enter into a two-year conservation grazing lease with an option for a one-year extension, with Vince Fontana for the Lobitos Ridge Elkus Uplands and South Cowell conservation grazing areas located in the Purisima Creek Redwoods Open Space Preserve. R-22-93 Page 5 4. Resolution authorizing the General Manager to extend the current conservation grazing lease with the Doniga and Erik Markegard for two years, with a one-year option for extension, for the Lone Madrone Ranch in the La Honda Creek Open Space Preserve. 5. Map Bluebrush Property 6. Map Driscoll Ranch Property 7. Map Lobitos/Elkus/South Cowell properties 8. Map Lone Madrone Property Responsible Department Head: Brandon Stewart, Land & Facilities Services Department Manager Prepared by / Contact person: Susan Weidemann, Property Management Specialist II, Property Management, Land & Facilities Services Department Resolutions/2022/22-__RenewBluebrushLease 1 RESOLUTION 22-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A TWO-YEAR GRAZING LEASE WITH TOM PACHECO (BLUEBRUSH RANCH, PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE) WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the provisions of California Public Resources Code section 5540, lease property owned by the District; and WHEREAS, the lease of the Bluebrush Ranch for grazing and range management purposes is compatible with park and open space purposes, and the lease of such premises is in the public interest; and WHEREAS, the District wishes to extend its current lease of the Bluebrush Ranch with Tom Pacheco for two years. NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The two-year extension, with an option for an additional one-year extension, to the current Bluebrush Ranch Grazing Lease between the Midpeninsula Regional Open Space District and Tom Pacheco is approved. 2. The General Manager is authorized to execute the Grazing Lease extension on behalf of the District. The General Manager, with the concurrence of the General Counsel, is authorized to make minor changes to the Grazing Lease that do not materially amend the terms and conditions thereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors Resolutions/2022/22-__RenewBluebrushLease 2 APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk Resolutions/2022/22-__RenewDriscollLease 1 RESOLUTION 22-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A TWO-YEAR GRAZING LEASE WITH AGCO HAY, LLC (DRISCOLL RANCH, LA HONDA CREEK OPEN SPACE PRESERVE) WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the provisions of California Public Resources Code section 5540, lease property owned by the District; and WHEREAS, the lease of the Driscoll Ranch for grazing and range management purposes is compatible with park and open space purposes, and the lease of such premises is in the public interest; and WHEREAS, the District wishes to extend its lease of the Driscoll Ranch to AGCO Hay, LLC for two years. NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. A two-year extension with an option for an additional one-year extension, to the current Driscoll Ranch Grazing Lease between the Midpeninsula Regional Open Space District and AGCO Hay, LLC is approved. 2. The General Manager is authorized to execute the Grazing Lease on behalf of the District. The General Manager, with the concurrence of the General Counsel, is authorized to make minor changes to the Grazing Lease that do not materially amend the terms and conditions thereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors Resolutions/2022/22-__RenewDriscollLease 2 APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk Resolutions/2022/22-__RenewLobitos-CowellLease 1 RESOLUTION 22-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A TWO-YEAR GRAZING LEASE WITH VINCE FONTANA (LOBITOS RIDGE ELKUS UPLANDS AND SOUTH COWELL, PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE) WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the provisions of California Public Resources Code section 5540, lease property owned by the District; and WHEREAS, the lease of the Lobitos Ridge Elkus Uplands and South Cowell for grazing and range management purposes is compatible with park and open space purposes, and the lease of such premises is in the public interest; and WHEREAS, the District wishes to lease the Lobitos Ridge Elkus Uplands and South Cowell to Vince Fontana for two years. NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The two-year Grazing Lease with an option for an additional one-year extension, between the Midpeninsula Regional Open Space District and Vince Fontana, a copy of which is attached hereto and incorporated herein by this reference, is approved. 2. The General Manager is authorized to execute the Grazing Lease on behalf of the District. The General Manager, with the concurrence of the General Counsel, is authorized to make minor changes to the Grazing Lease that do not materially amend the terms and conditions thereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors Resolutions/2022/22-__RenewLobitos-CowellLease 2 APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk Resolutions/2022/22-__RenewLoneMadroneLease 1 RESOLUTION 22-___ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A TWO-YEAR GRAZING LEASE WITH DONIGA AND ERIK MARKEGARD (LONE MADRONE RANCH, LA HONDA CREEK OPEN SPACE PRESERVE) WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the provisions of California Public Resources Code section 5540, lease property owned by the District; and WHEREAS, the lease of the Lone Madrone Ranch for grazing and range management purposes is compatible with park and open space purposes, and the lease of such premises is in the public interest; and WHEREAS, the District wishes to extend its current lease of the Lone Madrone Ranch to Doniga and Erik Markegard for two years. NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as follows: 1. The two-year extension, with an option for an additional one-year extension, to the current Lone Madrone Ranch Grazing Lease between the Midpeninsula Regional Open Space District and Doniga and Erik Markegard is approved. 2. The General Manager is authorized to execute the Grazing Lease on behalf of the District. The General Manager, with the concurrence of the General Counsel, is authorized to make minor changes to the Grazing Lease that do not materially amend the terms and conditions thereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2022, at a regular meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors Resolutions/2022/22-__RenewLoneMadroneLease 2 APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk Bluebrush Canyon Grazing Midpeninsula Regional Open Space District (MROSD) 7/21/2022 0 0.850.425 miI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Bluebrush Grazing PropertyTrail (classes) Paved RoadRoad Centerline (major) Arterial Highway Road Centerline (minor) RoadLease Area Grazing Preserve Boundary (fill) Da t a S o u r c e ( s ) : S o u r c e s : E s r i , A i r b u s D S , U S G S , N G A , N A S A , C G I A R , N R o b i n s o n , N C E A S , N L S , O S , N M A , G e o d a t a s t y r e l s e n , R i j k s w a t e r s t a a t , G S A , G e o l a n d , F E M A , I n t e r m a p a n d t h e G I S u s e r c o m m u n i t y Susan ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ236 ÄÆ9 ÄÆ84 ÄÆ1 ÄÆ35 ÄÆ280 ÄÆ85 Campbell Redwood City East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa ClaraSunnyvale San Jose Attachment 5 Driscoll Ranch Grazing Midpeninsula Regional Open Space District (MROSD) 7/21/2022 0 0.850.425 miI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Driscoll Ranch GrazingRoad Centerline (major) HighwayLease Area Grazing Preserve Boundary (fill) Da t a S o u r c e ( s ) : S o u r c e s : E s r i , A i r b u s D S , U S G S , N G A , N A S A , C G I A R , N R o b i n s o n , N C E A S , N L S , O S , N M A , G e o d a t a s t y r e l s e n , R i j k s w a t e r s t a a t , G S A , G e o l a n d , F E M A , I n t e r m a p a n d t h e G I S u s e r c o m m u n i t y Susan ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ236 ÄÆ9 ÄÆ84 ÄÆ1 ÄÆ35 ÄÆ280 ÄÆ85 Campbell Redwood City East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa ClaraSunnyvale San Jose LA HONDA CREEK OSP Attachment 6 South Cowell Grazing Lobitos/Elkus Uplands Grazing Midpeninsula Regional Open Space District (MROSD) 7/21/2022 0 0.850.425 miI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Lobitos/Elkus/South CowellTrail (classes) Paved RoadRoad Centerline (major) Arterial Highway Road Centerline (minor) RoadLease Area Grazing Preserve Boundary (fill) Da t a S o u r c e ( s ) : S o u r c e s : E s r i , A i r b u s D S , U S G S , N G A , N A S A , C G I A R , N R o b i n s o n , N C E A S , N L S , O S , N M A , G e o d a t a s t y r e l s e n , R i j k s w a t e r s t a a t , G S A , G e o l a n d , F E M A , I n t e r m a p a n d t h e G I S u s e r c o m m u n i t y Susan ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ236 ÄÆ9 ÄÆ84 ÄÆ1 ÄÆ35 ÄÆ280 ÄÆ85 Campbell Redwood City East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa ClaraSunnyvale San Jose Attachment 7 Pearson's Pond La H o n d a R o a d L a H o n d a R o a d L a H o n d a R o a d Lone Madrone Grazing Midpeninsula Regional Open Space District (MROSD) 7/21/2022 0 0.40.2 miI While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Lone Madrone Grazing PropertyRoad Centerline (major) HighwayRoad Centerline (minor) Road Lease Area Grazing Preserve Boundary (fill) Da t a S o u r c e ( s ) : S o u r c e s : E s r i , A i r b u s D S , U S G S , N G A , N A S A , C G I A R , N R o b i n s o n , N C E A S , N L S , O S , N M A , G e o d a t a s t y r e l s e n , R i j k s w a t e r s t a a t , G S A , G e o l a n d , F E M A , I n t e r m a p a n d t h e G I S u s e r c o m m u n i t y Susan ÄÆ17 ÄÆ82 ÄÆ101 ÄÆ236 ÄÆ9 ÄÆ84 ÄÆ1 ÄÆ35 ÄÆ280 ÄÆ85 Campbell Redwood City East Palo Alto Los Altos Mountain View Palo Alto Menlo Park Cupertino Saratoga Los Gatos Milpitas Santa ClaraSunnyvale San Jose Attachment 8 Rev. 3/15/21 R-22-94 Meeting 22-19 August 10, 2022 AGENDA ITEM 6 AGENDA ITEM Contract Amendment for Purisima-to-the-Sea Trail and Parking Area Feasibility Study at Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1.Authorize the General Manager to amend a contract with SWCA Environmental Consultants of Half Moon Bay, California in the amount of $41,537 to conduct additional technical studies and support additional public engagement, bringing the total contract to a not-to- exceed amount of $328,537. 2.Authorize a 15% contingency of $6,231 to cover unforeseen tasks beyond the current scope for a total not-to-exceed contract amount of $334,768. SUMMARY SWCA Environmental Consultants (SWCA) are supporting the Purisima-to-the-Sea Trail and Parking Area Feasibility Study project. Through the identification of feasible trail alignments and parking area locations, additional technical studies have been identified to evaluate the connector trail alignments and parking locations. Also, staff seek consultant support with additional public engagement meetings. The General Manager recommends a contract amendment in the amount of $41,537 for a not-to-exceed contract amount of $328,537 to conduct these additional technical studies and public engagement support. The General Manager also recommends a 15% contingency of $6,231 for unforeseen tasks beyond the current scope, bringing the total not-to-exceed contract amount to $334,768. This additional work and the recommended contract amendment is supported by an existing grant with the associated fees equally shared with the State Coastal Conservancy. The Fiscal Year 2022-23 (FY23) budget includes sufficient funds to cover the contract amendment through the end of the fiscal year. DISCUSSION The Purisima-to-the-Sea Trail, a regional trail envisioned to link the Bay Area Ridge Trail with the California Coastal Trail, is a priority project for the Midpeninsula Regional Open Space District (District) as identified in the Board-approved 2014 Vision Plan and FY21 Capital Improvement and Action Plan. The new trail will also facilitate the vision of another regional trail led by the Peninsula Open Space Trust (POST) known as the Bay to Sea Trail, which will encompass approximately 40-miles of continuous east-west regional trails connecting the San Francisco Bay to the San Mateo County coast. R-22-94 Page 2 In November 2020, the District executed a contract with SWCA to provide environmental planning, design, and technical analysis for the feasibility studies and conceptual designs of the Purisima-to-the-Sea Trail and Parking Area Project (R-20-138). The Board of Directors (Board) approved a base amount of $261,000 and authorized an approximate 10% contingency of $26,000, for a total not-to-exceed contract amount of $287,000. The District received $301,000 in funding from the State Coastal Conservancy to complete this work. SWCA’s original scope of work includes planning and technical studies (e.g. traffic, biological and cultural assessments, geotechnical studies), field investigations, and design services to analyze opportunities for the multi-use trail alignment, connector trails, parking area, trailhead, and pedestrian roadway crossings. The existing contract contingency funds were fully utilized to conduct additional site visits to evaluate trail alignment alternatives, investigate vernally wet areas along critical trail connections and identify a special status plants species present along a potential trail alignment segment. Through the work to date and the identification of feasible trail alignments, additional scope has been identified to support the development and refinement of a preferred connector trail alignment and parking area design. The proposed expanded scope under the recommended contract amendment includes the following additional technical studies and public engagement tasks: • Boundary/topographic surveys, biological assessment and cultural resource assessment for a potential connector trail location beyond the scope of the original contract. Based on the initial findings of the feasibility study to date, including the identification of feasible trail alignment and connector trail alternatives, an evaluation of the existing POST trail easement across Purisima Farms would be beneficial in developing an overall preferred trail alignment. These additional technical assessments would be conducted for the POST trail easement area between Verde Road and Highway 1 on the Purisima Farms property for a trail connection to the Cowell-Purisima Parking lot. (Attachment 1: Purisima-to-the-Sea Feasibility Study Area) • Riparian analysis to characterize the drainage adjacent to potential parking area locations. This analysis will determine the appropriate riparian setback requirements to comply with San Mateo County’s Local Coastal Program and Coastal Development Permit, which the District would need to obtain from the County. • Additional public and stakeholder engagement and meeting facilitation support for seeking feedback on conceptual design options. State Coastal Conservancy Grant A State Coastal Conservancy grant of $301,000 supports the District in developing a preferred trail alignment, preparing conceptual designs plans for a new Verde Road/Highway 1 parking area, and evaluating options for pedestrian roadway crossings and connections to the Cowell- Purisima Coastal Trail. The State Coastal Conservancy supports the additional work and will allocate additional grant funds for the new tasks with a 50/50 match from the District. FISCAL IMPACT The FY23 adopted budget includes $176,000 for the Purisima-to-the-Sea Trail and Parking Area - Phase I Feasibility Study project MAA03-005. There are sufficient funds in the project budget to cover the recommended action and expenditures through the end of the fiscal year. R-22-94 Page 3 Purisima-to-the-Sea Trail and Parking Area - Phase I Feasibility Study MAA03-005 Prior Year Actuals FY23 Adopted FY24 Projected Estimated Future Years TOTAL District Funded (Fund 30): $318,845 $115,237 $0 $0 $434,082 Grant Amount: $111,508 $60,763 $0 $0 $172,271 Total Budget: $430,353 $176,000 $0 $0 $606,353 Spent-to-Date (as of 07/26/22): ($430,353) $0 $0 $0 ($430,353) Encumbrances: $0 $0 $0 $0 $0 SWCA Environmental Consultants Contract Amendment: $0 ($41,537) $0 $0 ($41,537) 15% Contingency: $0 ($6,231) $0 $0 ($6,231) Budget Remaining (Proposed): $0 $128,232 $0 $0 $128,232 The following table outlines the Measure AA Portfolio 03 Purisima Creek Redwoods — Purisima-to-the-Sea Trail, Watershed Protection and Conservation Grazing allocation, costs-to- date, projected future project expenditures and projected portfolio balance remaining. MAA03 Purisima Creek Redwoods — Purisima-to-the-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Grant Income (through FY26): $378,480 Fund 40 Allocation: $305,000 Total Portfolio Allocation: $8,291,480 Life-to-Date Spent (as of 07/26/22): (6,763,059) Encumbrances: $0 Remaining FY23 Project Budgets: ($541,786) Future MAA03 project costs (projected through FY26): ($7,556,714) Total Portfolio Expenditures: ($14,861,559) Portfolio Balance Remaining (Proposed): ($6,570,079) The following table outlines the Measure AA Portfolio 03 allocation, projected life of project expenditures and projected portfolio balance remaining. MAA03 Purisima Creek Redwoods — Purisima-to-the-Sea Trail, Watershed Protection and Conservation Grazing Portfolio Allocation: $7,608,000 Grant Income (through FY26): $378,480 Fund 40 Allocation: $305,000 Total Portfolio Allocation: $8,291,480 Projected Project Expenditures (life of project):   03-001 Purisima Uplands Lot Line Adjustment and Property Transfer ($425,113) 03-002 Purisima Upland Site Clean up and Soil Remediation ($1,004,058) 03-003 Purisima Creek Fence Construction ($169,190) 03-004 Harkins Bridge Replacement ($516,916) 03-005 Purisima-to-the-Sea Trail and Parking Area - Phase I Feasibility Study ($638,830) 03-006 South Cowell Upland Land Conservation ($4,872,967) 03-007 Purisima-to-the-Sea Habitat Enhancement & Water Supply Improvement Plan ($568,674) 03-008 Rieser-Nelson Land Purchase ($16,715) 03-009 Purisima-to-the-Sea Parking ($3,991,687) 03-010 Purisima-to-the-Sea Trail ($2,120,000) 03-011 Lobitos Creek Fisheries Restoration ($397,410) 03-012 Purisima-to-the-Sea Comprehensive Use and Management Plan ($140,000) Total Portfolio Expenditures: ($14,861,559) Portfolio Balance Remaining (Proposed): ($6,570,079) R-22-94 Page 4 BOARD AND COMMITTEE REVIEW The original award of contract for this Project was authorized by the Board of Directors at the following public meeting: November 18, 2020: Board award of contract to SWCA to provide environmental planning, design, and technical analysis for the feasibility studies and conceptual designs for the Project. (R-20-138, meeting minutes) PUBLIC NOTICE Public notice for this contract amendment was provided as required by the Brown Act. CEQA COMPLIANCE The feasibility study and conceptual designs will identify and evaluate possible future actions, which the District has not yet approved, within the meaning of CEQA Section 15262.  The feasibility study and conceptual designs will inform future actions that will be subject to CEQA, and subsequent environmental review will be conducted at that time. Amendment of an existing professional services contract with consultants will not result in a direct physical change to the environment [CEQA Guidelines Section 15060(c)(2)] and does not constitute Board approval of the proposed project or related proposed project elements. NEXT STEPS If approved, the General Manager will amend the contract with SWCA to conduct additional technical studies and additional public engagement tasks. Staff anticipate bringing the Project to the Planning and Natural Resources Committee on August 30, 2022 and to the Board of Directors in spring of FY23. Attachment: Attachment 1: Purisima-to-the-Sea Feasibility Study Area Responsible Department Head: Jane Mark, Planning Manager, Planning Department Prepared by: Gretchen Laustsen, Senior Planner, Planning Department SAN MATEO CO. COMM. COLL. PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE Parking study area COAST S I D E P R O T E C T I O N A R E A Trail alignment study area POST trail easment Exisiting Cowell-Purisima parking lot L o b i t o sCr e e k Trail Tunitas C r e ekRd N a t i v e S on s Rd. Tu nita s C r e e k R d ÄÆ1 V e r d e R d Lobi t o s C r e e k R d P u r isi m a C r e e k Tunitas Cre e k L o b it o s C re e k P u r i s i m a C r e e k Rd 14 0 0 1000 1 2 0 0 1 0 0 0 800 60 0 1000 60 0 40 0 20 0 6 0 0 40 0 2 0 0 0 60 0 40 0 1 6 0 0 120 0 1200 80 0 8 0 0 40 0 1 8 0 0 120 0 1 0 0 0 800 80 0 80 0 80 0 800 600 Midpeninsula Regional Open Space District (Midpen) 7/29/2022 Purisima-to-the-Sea Trail and Parking Area Feasibility Study Area Pa t h : \ \ f i l e s e r v \ G I S _ D r i v e \ P r o j e c t s \ P u r i s i m a _ C r e e k _ R e d w o o d s \ P u r i s i m a _ t o _ t h e _ S e a \ P u r i s i m a T o T h e S e a _ F e a s i b i l i t y _ 2 0 2 2 0 7 2 9 4 . m x d Cr e a t e d B y : a c o s t a n z a 0 0.50.25 Miles I While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features. Midpen easement Area of Detail ÄÆ82 ÄÆ84 ÄÆ35 ÄÆ84 ÄÆ35 ÄÆ35 ÄÆ1 ÄÆ84ÄÆ92 ÄÆ280 ÄÆ1 ÄÆ101 ÄÆ92 ÄÆ280 Half Moon Bay Redwood City San Carlos Foster City San Mateo Menlo Park POST easement $$Trail alignment study area Cowell-Purisima Trail & Coastal Trail Existing Purisima-to-the-Sea Trail Midpen preserves Pedestrian crossing and connector trail study area Existing public trail South Cowell property Parking study area Study Areas Connector trail options Attachment 1 R-22-96 Meeting 22-19 August 10, 2022 AGENDA ITEM 7 AGENDA ITEM Approval of Terms of Employment, including Salary and Health Benefit Enhancements, for the Midpeninsula Rangers Peace Officers Association GENERAL MANAGER’S RECOMMENDATION Adopt a resolution approving the Terms of Employment, including Salary and Health Benefit Enhancements, for the Midpeninsula Rangers Peace Officers Association for a term ending June 30, 2023. SUMMARY Midpeninsula Regional Open Space District (District) began negotiations with the Midpeninsula Rangers Peace Officers Association (MRPOA) in July of 2021. Throughout the following year and into the spring of 2022, both parties negotiated and reached tentative agreements on major employment terms with the notable exception of a MRPOA proposal to change the retirement plan. The District did not agree to MRPOA’s proposal for enhanced safety retirement benefits (safety retirement) and MRPOA would not agree to any proposal without safety retirement. The District’s Chief Negotiator subsequently attempted to discuss options for more financially sustainable retirement enhancements, which did not culminate in any agreement. Therefore, the District and MRPOA mutually declared an impasse on May 10, 2022. The District then prepared a last best offer Terms document with salary and health benefit enhancements and improved Ranger workplace provisions and provided it to the MRPOA through its Chief Negotiator on July 15, 2022. The District received a response on August 4, 2022 reiterating MRPOA’s proposal for safety retirement and objecting to the replacement of binding arbitration with an administrative law judge process. The MRPOA response to the draft Terms document also requested minor edits to remove all references to “agreement” and “memorandum of understanding” which are replaced with “Terms” or “Terms document” throughout. Given the impasse and in adherence with labor and employment laws and the District Employer- Employee Relations Resolution, the General Manager recommends imposing a one-year Terms of Employment as permitted by applicable State law by adopting the attached resolution and updating the Classification and Compensation Plan to reflect the proposed salary increases. The proposed Terms of Employment is comprised primarily of provisions that the District and MRPOA tentatively agreed upon in negotiations. The provisions achieve a foundation of cooperative interests between the District and the newly formed MRPOA. The proposed Terms document contains clear and concise language to ensure clarity of interpretation and understanding of the terms of employment among both parties. The language is also current with R-22-96 Page 2 applicable state and federal law and contains an enhanced economic package for the MRPOA that is competitive with the labor market. Understanding that both Parties were unable to reach mutual agreement on changes to the retirement benefits, this proposed one-year Terms of Employment will codify the adjustments and enhancements that have been to date tentatively agreed upon and ensure clarity of employment terms for MRPOA employees over the next year. The proposed one-year Terms of Employment will also prevent Ranger workforce salaries from lagging too far behind the market to stay competitive with the Board of Directors (Board) approved list of comparable agencies while preventing major economic impacts to the workforce as inflation continues to increase and as we seek a final Memorandum of Understanding with the MRPOA. DISCUSSION Background MRPOA is the exclusive labor relations bargaining unit for District Rangers, Lead Rangers, and Supervising Rangers representing 33 positions. This group was formally recognized by the Board in June 2021. The District and the MRPOA entered into their first contract negotiations on July 21, 2021. MRPOA’s negotiating team was comprised of Tim Cantillon, Labor Representative from Goyette and Associates; Alex Hapke, MRPOA Board President and Lead Ranger; Jeff Smith, MRPOA Board Vice President and Ranger; Ryan Augustine, MRPOA Secretary and Ranger; Jeff Brown, MRPOA Treasurer and Ranger; and Chris Schenck, MRPOA Member-at Large and Ranger. The District’s negotiating team included Jack Hughes, Labor Attorney from Liebert, Cassidy and Whitmore; Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services; Brian Malone, Assistant General Manager; Candice Basnight, Human Resources Manager and Rebecca Wolfe, Human Resources Supervisor. There were numerous meetings throughout the following year and into the spring of 2022 with tentative agreements achieved on many items with the notable exception of a MRPOA proposal for enhanced public safety retirement benefits that has resulted in the current impasse. A longstanding District policy and practice has been to provide all employees throughout the agency with the same miscellaneous public agency member retirement benefits as provided under the California Public Employees’ Retirement System (CalPERS). Beginning in 2013, the California Public Employees’ Pension Reform Act (PEPRA) amended the retirement benefits for all California public employees across the entire state. PEPRA was created to address structural concerns related to California public employee pensions and has been recognized as a positive step to help public agencies better manage future pension costs in light of ever-increasing pension liabilities, and mitigate the level of underfunding that was also growing substantially. In fact, as of 2015, California public agencies were facing unfunded public pension liabilities estimated to be as high as $583 Billion, with no reasonable means of funding the debt while avoiding major curtailments of public service and job losses. Moreover, public pension debt had contributed to the bankruptcies of numerous cities. Also of note, when CalPERS first established its original Classic formulas with retirement ages of 50 or 55, the average life expectancy was 66. Since then, the average life expectancy has dramatically increased to age 78 – significantly expanding the retirement years and pension payments of retired public employees. The District was not immune to these pension liabilities and financial impacts and was also facing increasing pension liabilities that are now under control with PEPRA in place. R-22-96 Page 3 Given these realities, PEPRA established by law a two-tier system based on the year of hire in a CalPERS. Under PEPRA, District employees hired before January 1, 2013 are eligible for retirement at age 55 at a 2.5% retirement formula (resulting in an annual pension for life equal to 2.5% of highest average annual salary during any consecutive 12 month period for every year of service). District employees hired on or after January 1, 2013 are eligible for retirement at age 62 at a 2% retirement formula (2.0% of highest average annual salary during any consecutive 36 month period for every year of service). As noted before, these requirements apply to all miscellaneous (non-safety) public agency California employees enrolled under CalPERS. No District Ranger classification is currently eligible for safety retirement per a CalPERS determination based on the job description and job requirements, given that no ranger position is required to have peace officer status at the time of hire. Also, based on discussions with CalPERS, determination of eligibility does not guarantee the provision of safety retirement; public agencies retain the discretionary authority to decide whether or not to enroll eligible employees into safety retirement. Once enrolled, a public agency is prohibited from changing its decision and any similar additional future positions would be automatically categorized under safety retirement. Of importance to the District, Ranger positions by policy have a significantly reduced level of risk as compared to police officers, county sheriffs, and firefighters. The primary roles of the Ranger are as open space ambassadors and stewards of the District’s public open space lands. District Rangers ensure visitors are educated about and comply with ordinances that protect and preserve the natural resources while promoting visitor enjoyment of District lands. Rangers are specifically restricted from taking law enforcement actions that put them in unnecessary jeopardy; Rangers instead must refer such incidents to the appropriate law enforcement agency. Rangers are also prohibited from: engaging in physical force solely to stop or detain suspects; making contact for incidents involving firearms or other weapons; and in pursuing vehicles on public roadways. Given the open space and low-intensity recreational nature of District activities, the need for policing services by the surrounding jurisdictional law enforcement agencies is minimal. Fire response responsibilities are also limited, with Rangers providing initial fire response - if and when safe to do so - handing the incident response to the appropriate fire suppression agency on their arrival. Rangers assist with fire suppression if the activities are within the scope of their training and equipment – which are below that of a full-time wildland firefighter. By District policy, the scope of Ranger job duties and responsibilities is deliberately limited to reduce the level of risk to Rangers to protect the workforce from potential workplace injuries. The District’s workplace safety measures and its policies and restrictions that limit Ranger duties and responsibilities have proven to be successful in reducing risk of injury and harm to Rangers since the position was first created in the 1970s. The District’s Worker’s Compensation track record provides a quantifiable measure of this ongoing success. In fact, the District was honored in 2021 by the California Joint Powers Insurance Authority (CalJPIA) with the "Best Overall Performance" award in the Workers’ Compensation Program in recognition of the District’s risk management success and best overall performance in the Workers’ Compensation programs. To be considered for this award, CalJPIA evaluated quantitative and qualitative risk management factors, including claims and claims severity over a five-year period. The District’s most recent receipt of the 2022 Risk Management Award from CalJPIA for Best Overall Performance in the Liability Program for the non-municipal agencies category demonstrates that the District continues to excel in its risk reduction measures. These recognitions are due to the carefully prescribed precautions and restrictions the District has in place for its employees. R-22-96 Page 4 The MRPOA proposal for safety retirement is neither fiscally prudent nor sustainable over the long term and incorrectly presumes that the risk level of Rangers is commensurate to that of police officers, county sheriffs, and/or firefighters. The long term estimated costs of safety retirement are substantial, increasing District personnel costs by at least $320,000 and as much as $1.5M over the next three years alone (with the higher cost accounting for potential additional costs related to worker’s compensation and liability insurance). These costs would continue to significantly increase year over year, raising projected retirement costs to sustain the Ranger workforce by as much as 330% by the year 2045. These costs would fundamentally be borne by the public taxpayers through property taxes, which make up nearly 91% of all District revenues. Locking the District into a discretionary benefit that poses significant initial and long-term costs raises major financial sustainability concerns and the risk of requiring the District to reduce its public programs and level of public services and/or face lay-offs and job losses during a future economic recession. Given persisting global economic disruptions, and most recently the ever- increasing inflation rate, concerns of a future recession and/or reductions in assessed property values (and therefore revenues) is of real concern. Throughout negotiation discussions with the MRPOA, the District clearly communicated its intention to replace a binding arbitration clause that existed in a prior Memorandum of Understanding (MOU) that applied to Rangers when they were part of the Field Employees Association (FEA). The binding arbitration clause would be replaced with a state Administrative Law Judge (ALJ) when resolving future grievances to expedite final resolutions and minimize scheduling and coverage impacts to the Ranger workforce. This change would also be consistent with the most recent MOU entered into with the FEA, which remains in effect through June 2024. The proposed Terms document with the MRPOA would memorialize this change. In accordance with the rules of impasse under the Meyers-Milias Brown Act (MMBA), which governs labor relations in public employment, an employer may impose terms of employment based on their last best offer to the represented group. The proposed Terms document applies to the fiscal years during which the Parties were unable to reach agreement upon a successor MOU. If approved by the Board, the proposed Terms document would apply to MRPOA employees until such time as the District and MRPOA begin new negotiations to reach a different agreement. Therefore, the General Manager recommends that the Board approve the proposed Terms document to provide fair and reasonable work rules that make sense for the new unit and to maintain District business operations for the Ranger classifications. Furthermore, the proposed Terms document calls for salary and benefit increases for all Ranger classifications to keep the positions competitive in the labor market consistent with the Board Policy 2.03 Employee Compensation Guiding Principles. Salary & Benefit Terms for Employees Represented by Midpeninsula Rangers Peace Officers Association Salary Adjustments The following salary increases would become effective the first full pay period after Board adoption of this Terms document: • The Ranger classification moves up one range (approximately 2.5%). • The Lead Ranger classification moves up two ranges (approximately 5%). • After the classes move the number of ranges cited above, all ranges would increase by 3%. R-22-96 Page 5 Medical Benefits Cafeteria Plan The District would continue to provide a Section 125 Cafeteria Plan from which employees may use to pay for the cost of medical, dental, and vision insurance, as well as Dependent Care and Medical Reimbursements on a pretax basis. The District would provide a contribution into the Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount toward medical insurance. The Cafeteria Plan contribution would be adjusted as described below. District contributions for health benefits to MRPOA employees would become effective the first full pay period after Board adoption of the Terms document, and shall be equal to the 2022 Kaiser monthly premiums as follows: Employee Only: $857.06 per month Employee Plus One: $1,714.12 per month Employee Plus Two or More: $2,228.36 per month The following existing benefits, applicable to all District employees, are incorporated into the Terms of Employment: 1. Payroll Deductions: If an employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. 2. Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums than the District contribution, an employee selecting such a plan will have contributions remaining in the Cafeteria Plan and may apply the remaining contribution to other qualified benefit costs or receive the difference in cash. 3. Waiver: If an employee provides evidence (e.g., insurance ID card) that the employee is covered under a non-District medical plan, the employee may elect to waive such coverage through the District. Employees waiving medical coverage will receive contributions under the Cafeteria Plan equivalent to one-half of the District Employee- Only contribution and may elect to apply such contribution toward other qualified benefit costs or receive the difference in cash. 4. Internal Revenue Code: If the District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfy any requirements of the Internal Revenue Code for such plan year, the District shall take such action as the District deems appropriate and necessary to ensure that the Cafeteria Plan satisfies the requirements of the IRS Code. Other Provisions - The Terms document includes the following additional changes: • Shift Change Differential: Increase from thirty dollars ($30) per occurrence to forty dollars ($40) per occurrence. • Grievance Procedure: Replaces a third-party arbitrator with public administrative law procedures and judges to conduct hearings on grievable contract disputes. R-22-96 Page 6 BOARD COMMITTEE REVIEW This item was not previously reviewed by a Board Committee. Negotiating authority was provided by the full Board to the General Manager in closed sessions during the course of negotiations and during impasse. FISCAL IMPACT Approval of the Terms with the MRPOA, and implementation of compensation, is estimated to cost the District $192,758 for Fiscal Year 2022-2023. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE This action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS Pending Board approval, the General Manager will direct staff to enter salary changes into the payroll system and benefits changes effective the first full pay period after Board adoption of the Terms document for the MRPOA. Attachments: 1. Resolution Approving the Terms for Employees Represented by the Midpeninsula Rangers Peace Officers Association and Midpeninsula Regional Open Space District 2. Terms for Employees Represented by Midpeninsula Rangers Peace Officers Association document 3. Updated Classification & Compensation Plan Responsible Manager: Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services Prepared by: Candice Basnight, Human Resources Manager Rebecca Wolfe, Human Resources Supervisor Contact person: Candice Basnight, Human Resources Manager Resolutions/2022/-22-__Approve Terms for MRPOA 1 RESOLUTION NO. 22-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE TERMS OF EMPLOYMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND THE MIDPENINSULA RANGERS PEACE OFFICERS ASSOCIATION WHEREAS, Midpeninsula Rangers Peace Officers Association (MRPOA) is the exclusively recognized employee organization for the Midpeninsula Regional Open Space District’s (District) Rangers, Lead Rangers, and Supervising Rangers; and WHEREAS, pursuant to California Government Code Section 3500.5 et seq., in accordance with the Meyers-Milias-Brown Act (MMBA) representatives of the District and the MPROA have declared impasse; and WHEREAS, the District seeks to impose Terms of Employment for a one-year term of July 1, 2022 through June 30, 2023. NOW, THEREFORE, BE IT RESOLVED as follows: 1.The Board hereby approves the Terms of Employment between Midpeninsula Regional Open Space District and Midpeninsula Rangers Peace Officers Association for a term of July 1, 2022 through June 30, 2023, a copy of which is attached hereto and by reference made a part hereof. 2. The Board hereby approves corresponding changes to the Classification and Compensation Plan of the Midpeninsula Regional Open Space District to amend salary ranges as set forth in the attachment. Except as herein modified, the Classification and Compensation Plan shall remain in full force and effect. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on August 10, 2022, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Karen Holman, Secretary Board of Directors Zoe Kersteen-Tucker, President Board of Directors ATTACHMENT 1 Resolutions/2022/-22-__Approve Terms for MRPOA 2 APPROVED AS TO FORM: Hilary Stevenson, General Counsel I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. Jennifer Woodworth, District Clerk ATTACHMENT 1 Terms for Employees Represented by Midpeninsula Rangers Peace Officers Association i COVER PAGE ATTACHMENT 2 ii TABLE OF CONTENTS ARTICLE 1- HOLD FOR FUTURE USE................................................................................................................ 1 ARTICLE 2 – MIDPENINSULA RANGERS PEACE OFFICERS ASSOCIATION RECOGNITION/SECURITY ................................................................................................................................... 1 SECTION 2.1 – RECOGNITION ...................................................................................................................................................... 1 SECTION 2.2 – POA SECURITY ................................................................................................................................................... 1 A.New Hires ................................................................................................................................................. 1 SECTION 2.3 - NOTICE OF CHANGES ........................................................................................................................................... 1 SECTION 2.4 - POA REPRESENTATIVE/RELEASE TIME................................................................................................................ 1 SECTION 2.5 – POA NOTICES AND ACTIVITIES .......................................................................................................................... 1 A.Bulletin Boards.......................................................................................................................................... 1 B.Communication ......................................................................................................................................... 2 C.Visit by Field Representative .................................................................................................................... 2 D.Board Meeting Agendas ............................................................................................................................ 2 E.Flex Schedule to Attend Board Meetings .................................................................................................. 2 SECTION 2.6 - HOLD HARMLESS ................................................................................................................................................. 2 SECTION 2.7 - SAFETY COMMITTEE ............................................................................................................................................ 2 ARTICLE 3 - NO DISCRIMINATION .................................................................................................................... 2 ARTICLE 4 - DISTRICT RIGHTS .......................................................................................................................... 2 ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME ............................................................... 3 SECTION 5.1 - OVERTIME ............................................................................................................................................................ 3 A.Work Period .............................................................................................................................................. 3 B.Overtime.................................................................................................................................................... 3 C.Compensatory Time Off............................................................................................................................ 3 SECTION 5.2 - CALL-BACK TIME ................................................................................................................................................ 4 A.Rest Breaks ............................................................................................................................................... 4 B.Meal Period ............................................................................................................................................... 4 C.Minimum Call-Back .................................................................................................................................. 4 SECTION 5.3 - ALTERNATE WORK SCHEDULES ........................................................................................................................... 4 A.9/80 Ranger/Lead Ranger Schedule – Weekend Day Off ......................................................................... 4 B.Additional Ranger/Lead Ranger 9/80 Schedules....................................................................................... 5 C.4/10 Ranger/Lead Ranger Schedule/ Supervising Ranger ........................................................................ 5 D.9/80 Supervising Ranger Schedule............................................................................................................ 6 SECTION 5.4 - PAID MEAL PERIODS ............................................................................................................................................ 6 SECTION 5.5 - COURT APPEARANCES AND COURT STANDBY STATUS ........................................................................................ 6 A.Court Appearances .................................................................................................................................... 6 B.Court Standby ........................................................................................................................................... 6 SECTION 5.6 – HOLIDAY SCHEDULING ....................................................................................................................................... 6 ARTICLE 6 - WORKERS’ COMPENSATION/ DISABILITY COVERAGE/MODIFIED DUTY .................. 7 SECTION 6.1 - INDUSTRIAL INJURY/WORKERS’ COMPENSATION BENEFITS ................................................................................ 7 SECTION 6.2 – MODIFIED DUTY .................................................................................................................................................. 7 ARTICLE 7 - COMPENSATION AND BENEFITS .............................................................................................. 7 SECTION 7.1 – COMPENSATION ................................................................................................................................................... 7 SECTION 7.2 - BENEFITS ............................................................................................................................................................. 8 A.Medical Insurance ..................................................................................................................................... 8 B.Cafeteria Plan ............................................................................................................................................ 8 C.Dental Insurance........................................................................................................................................ 8 D.Vision Care ............................................................................................................................................... 9 E.Basic Life Insurance and Accidental Death and Dismemberment (AD&D) ............................................. 9 F.Optional Supplemental Life Insurance Benefits ........................................................................................ 9 G.Part-Time Employees ................................................................................................................................ 9 H.State Disability Insurance (SDI) ............................................................................................................... 9 I.Employee Assistance Program (EAP) ....................................................................................................... 9 J.Long-Term Disability Plan (LTD) ............................................................................................................ 9 K.Retirement ............................................................................................................................................... 10 L.Dependent Care and Medical Expense Reimbursement .......................................................................... 10 M.Retiree Medical Coverage ....................................................................................................................... 10 ATTACHMENT 2 iii SECTION 7.3 - PROMOTIONAL COMPENSATION ......................................................................................................................... 10 SECTION 7.4 - ACTING APPOINTMENTS ..................................................................................................................................... 10 SECTION 7.5 - NIGHT-SHIFT DIFFERENTIAL .............................................................................................................................. 11 SECTION 7.6 - SPLIT-SHIFT DIFFERENTIAL ............................................................................................................................... 11 SECTION 7.7 - SHIFT CHANGE DIFFERENTIAL ........................................................................................................................... 11 SECTION 7.8 – PAYCHECKS AND DIRECT DEPOSITS .................................................................................................................. 11 SECTION 7.9 – HOLD FOR FUTURE USE ..................................................................................................................................... 11 SECTION 7.10 - FIELD TRAINING OFFICER (FTO) ..................................................................................................................... 11 SECTION 7.11 - TRAINER........................................................................................................................................................... 11 SECTION 7.12 - LONGEVITY PAY PROGRAM ............................................................................................................................. 12 SECTION 7.13 – BIOLOGICAL MONITOR .............................................................................. ERROR! BOOKMARK NOT DEFINED. ARTICLE 8 - EVALUATIONS AND MERIT PAY ............................................................................................. 12 SECTION 8.1 - GENERAL EVALUATION PROCEDURES ................................................................................................................ 12 SECTION 8.2 - SCHEDULE OF EVALUATIONS ............................................................................................................................. 12 A. Probationary Employees ......................................................................................................................... 12 B. Regular Employees SEE PROPOSAL ON Interim Evals ....................................................................... 13 SECTION 8.3 – ANNUAL PERFORMANCE EVALUATIONS FOR REGULAR EMPLOYEES: ............................................................... 13 OVERALL RATINGS/MERIT INCREASES ..................................................................................................................................... 13 A. Meets Standard ........................................................................................................................................ 13 B. Below Standard ....................................................................................................................................... 14 SECTION 8.4 - APPEAL PROCEDURE .......................................................................................................................................... 14 SECTION 8.5 - REMEDIATION PROCESS ..................................................................................................................................... 14 ARTICLE 9 - UNIFORMS ...................................................................................................................................... 15 SECTION 9.1 - NEW HIRES ........................................................................................................................................................ 15 SECTION 9.2 - ALLOWANCE AMOUNT AND USE ..................................................................................................................... 15 SECTION 9.3 - ELIGIBILITY/PRORATING .................................................................................................................................... 15 SECTION 9.4 - PROVIDED ITEMS (NO COST) .............................................................................................................................. 15 SECTION 9.5 - BOOTS, COVERALLS, RAINCOATS, RAINPANTS .................................................................................................. 16 SECTION 9.6 - BOOT REPLACEMENT ......................................................................................................................................... 16 SECTION 9.7- UNIFORM COMMITTEE ........................................................................................................................................ 16 SECTION 9.8 - INITIAL REGULAR UNIFORM ITEMS PROVIDED NEW EMPLOYEES ...................................................................... 16 ARTICLE 10 - VACATION .................................................................................................................................... 17 SECTION 10.1 - ACCRUAL RATES .............................................................................................................................................. 17 SECTION 10.2 - ACCRUAL LIMITS ............................................................................................................................................. 17 SECTION 10.3 - USAGE .............................................................................................................................................................. 17 A. Increments ............................................................................................................................................... 17 B. Scheduling ............................................................................................................................................... 17 SECTION 10.4 – ANNUAL VACATION CASH-OUT ...................................................................................................................... 18 SECTION 10.5 - CASH-OUT UPON TERMINATION ...................................................................................................................... 18 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE ..................................................................................... 18 SECTION 11.1 - HOLIDAYS ........................................................................................................................................................ 18 A. Calendar .................................................................................................................................................. 18 B. Eligibility ................................................................................................................................................ 18 C. Observance .............................................................................................................................................. 19 D. Pro-rating ................................................................................................................................................ 19 E. Holidays During Vacation ....................................................................................................................... 19 F. Holiday Falls on Day Off ........................................................................................................................ 19 G. Work On Holiday - Compensation .......................................................................................................... 19 H. Holiday Bank .......................................................................................................................................... 20 SECTION 11.2 - PERSONAL LEAVE ............................................................................................................................................ 20 A. Amount.................................................................................................................................................... 20 B. Maximum Accruals ................................................................................................................................. 20 C. Pro-rating ................................................................................................................................................ 20 D. Notification and Scheduling .................................................................................................................... 20 E. Increments ............................................................................................................................................... 21 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY .......................................................................................... 21 SECTION 12.1 - SICK LEAVE ..................................................................................................................................................... 21 A. Accrual .................................................................................................................................................... 21 ATTACHMENT 2 iv B. Usage ....................................................................................................................................................... 21 C. Reporting ................................................................................................................................................. 22 D. Ill on Holiday .......................................................................................................................................... 22 E. Ill on Vacation ......................................................................................................................................... 22 F. Integration ............................................................................................................................................... 22 G. Physician Statement ................................................................................................................................ 22 H. Exhaustion of Sick Leave ........................................................................................................................ 23 I. Sick Leave Conversion Program ............................................................................................................. 23 J. Abuse of Sick Leave ............................................................................................................................... 23 K. Performance Evaluation Standard ........................................................................................................... 23 SECTION 12.2 - BEREAVEMENT LEAVE ..................................................................................................................................... 23 SECTION 12.3 - WITNESS OR JURY DUTY LEAVE ...................................................................................................................... 23 SECTION 12.4 - MILITARY LEAVE ............................................................................................................................................. 24 SECTION 12.5 - CATASTROPHIC LEAVE..................................................................................................................................... 24 SECTION 12.6 - ADMINISTRATIVE LEAVE ................................................................................................................................. 24 ARTICLE 13 - FAMILY MEDICAL LEAVES AND LEAVES WITHOUT PAY ............................................ 24 SECTION 13.1 - GENERAL LEAVE .............................................................................................................................................. 24 A. Duration .................................................................................................................................................. 24 B. Request .................................................................................................................................................... 24 C. Benefit Premiums .................................................................................................................................... 24 E. Adjustment of Anniversary Date/Vacation Accrual/Seniority ................................................................ 24 ARTICLE 14 - TUITION REIMBURSEMENT ................................................................................................... 25 SECTION 14.1 - PREAMBLE ....................................................................................................................................................... 25 SECTION 14.2 - APPROVAL ....................................................................................................................................................... 25 SECTION 14.3 - REIMBURSEMENT ............................................................................................................................................. 25 ARTICLE 15 - GRIEVANCE PROCEDURE ....................................................................................................... 25 SECTION 15.1 - DEFINITIONS .................................................................................................................................................... 25 SECTION 15.2 – GENERAL PROCEDURES ................................................................................................................................... 26 SECTION 15.3 - STEP I ............................................................................................................................................................... 26 SECTION 15.4 - STEP II ............................................................................................................................................................. 27 SECTION 15.5 - STEP III ............................................................................................................................................................ 27 SECTION 15.6 - STEP IV ............................................................................................................................................................ 27 SECTION 15.7 - STEP V ............................................................................................................................................................. 28 ARTICLE 16 - LAYOFFS ....................................................................................................................................... 28 SECTION 16.1 - SENIORITY DEFINED ......................................................................................................................................... 28 SECTION 16.2 - CONSIDERATION OF LAYOFF - NOTICE TO POA ............................................................................................... 29 SECTION 16.3 - ORDER OF LAYOFF ........................................................................................................................................... 29 SECTION 16.4 - NOTICE TO EMPLOYEES.................................................................................................................................... 29 SECTION 16.5 - ALTERNATIVES TO LAYOFF .............................................................................................................................. 29 A. Claim Vacancies...................................................................................................................................... 29 B. Displacement ........................................................................................................................................... 29 C. Rate of Pay .............................................................................................................................................. 29 SECTION 16.6 - RE-EMPLOYMENT LISTS ................................................................................................................................... 29 SECTION 16.7 - RIGHTS RESTORED ........................................................................................................................................... 30 ARTICLE 17 - DISCIPLINARY PROCEDURE .................................................................................................. 30 SECTION 17.1 - PREAMBLE ....................................................................................................................................................... 30 SECTION 17.2 - PRINCIPLES AND PROCEDURES ......................................................................................................................... 30 SECTION 17.3 - GROUNDS FOR DISCIPLINE ............................................................................................................................... 30 SECTION 17.4 - WARNING TYPES OF DISCIPLINE ...................................................................................................................... 31 A. Oral Warning ........................................................................................................................................... 31 B. Written Warning...................................................................................................................................... 31 C. Reprimand ............................................................................................................................................... 31 SECTION 17.5 - PROPERTY LOSS DISCIPLINE ............................................................................................................................ 32 A. Suspension .............................................................................................................................................. 32 B. Demotion ................................................................................................................................................. 32 C. Discharge ................................................................................................................................................ 32 SECTION 17.6 - APPEAL ............................................................................................................................................................ 32 SECTION 17.7 - NOTICE OF INVESTIGATION .............................................................................................................................. 32 ATTACHMENT 2 v SECTION 17.8 - NOTICE OF INTENT TO IMPOSE DISCIPLINE ...................................................................................................... 33 SECTION 17.9 - ELECTRONIC RECORDING ................................................................................................................................. 33 ARTICLE 18 - PROBATIONARY PERIOD......................................................................................................... 33 SECTION 18.1 - LENGTH OF PROBATION ................................................................................................................................... 33 A. Initial Hires ............................................................................................................................................. 33 B. Promotional Appointments ..................................................................................................................... 33 SECTION 18.2 - EXTENSION OF PROBATION .............................................................................................................................. 34 SECTION 18.3 - REJECTION FROM ORIGINAL PROBATION ......................................................................................................... 34 SECTION 18.4 - REJECTION FROM PROMOTIONAL PROBATION ................................................................................................. 34 ARTICLE 19 - CONTRACTING OUT .................................................................................................................. 34 ATTACHMENT 2 1 ARTICLE 1- HOLD FOR FUTURE USE ARTICLE 2 – MIDPENINSULA RANGERS PEACE OFFICERS ASSOCIATION RECOGNITION/SECURITY SECTION 2.1 – RECOGNITION The Midpeninsula Regional Open Space District (hereinafter, “District”) recognizes the Midpeninsula Rangers Peace Officers Association (hereinafter, “POA”) as the exclusive bargaining representative for all employees in the classifications of Ranger, Lead Ranger, Supervising Ranger, and any other classification that the District adds to the bargaining unit. Existing job classifications may be retitled but are nonetheless represented by the bargaining unit unless expressly removed by the District. SECTION 2.2 – POA SECURITY A. New Hires When a person is hired in any of the covered job classifications, the District shall notify that person that the POA is the recognized bargaining representative for the employee's representation unit and give the employee a current copy of these Terms. Once the POA notifies the District of the biweekly dues amount, that amount will remain the same and may only be changed once annually thereafter. SECTION 2.3 - NOTICE OF CHANGES The POA shall be informed reasonably in advance in writing by the District before any proposed changes not covered by these Terms are made in benefits, working conditions or other terms and conditions of employment which require negotiations under applicable labor relations law. SECTION 2.4 - POA REPRESENTATIVE/RELEASE TIME The POA shall notify the District of the names of POA Board Officers within ten (10) working days of the final election results. The bargaining unit will receive reasonable amounts of release time, with forty-eight (48) hours’ prior notification to and approval from the Department Manager and notification to their Supervisor and Human Resources Manager, from their duties, with no loss of pay or benefits. The POA and District will make every effort to schedule meetings at times, dates, and locations that would minimize any adverse impact on District operations. Up to four (4) POA Representatives may be released for purposes of collective bargaining for a new labor agreement. Up to three (3) POA Representatives may be released for purposes of negotiating over any other matter within the scope of representation that requires negotiation. Only one (1) POA Representative, if requested by the affected employee(s), shall be released at any time for handling grievances or disciplines. SECTION 2.5 – POA NOTICES AND ACTIVITIES A. Bulletin Boards The District agrees to provide bulletin board space for POA notices at all field offices. If the POA posts any material which the District deems inappropriate, the POA agrees to meet to discuss the challenged material within 48 hours (excluding holidays and weekends) of notice from the District. All material posted shall conform to District policies and procedure regarding obscenity and the District’s Prohibition Against Discrimination, Harassment and Retaliation Policy, as well as ATTACHMENT 2 2 applicable Federal and California laws. The Human Resources Manager or their designee reserves the right to remove any material posted in violation of this section if the POA refuses to remove the material on its own. B. Communication The POA may distribute information and material to and receive information and material from employees through normal channels. For purposes of this Section, normal channels shall refer to the District's inter office mail e-mail, facsimile machine and telephone. C. Visit by Field Representative The POA Labor Representative may have access to unit employees at any field office. The Labor Representative shall be allowed reasonable contact with employees, provided such contact does not interfere with employees' work. Pre-arrangement for contact with unit members shall be made with the Department Manager. D. Board Meeting Agendas The District shall provide the POA with agendas and packet materials for Regular and Special Meetings of the Board of Directors and packet materials at no charge. The District shall also provide the POA with agendas for the Board of Directors Legislative, Finance, and Public Affairs committee meetings. Agendas shall be e-mailed to the POA’s designated representative prior to the respective Board meetings. E. Flex Schedule to Attend Board Meetings The District agrees, with at least 48 hours prior notice, to allow flex scheduling for one member of the unit, without impact to work duties and responsibilities, to attend public Board meetings of the Midpeninsula Regional Open Space District, (including public standing committee meetings), which are scheduled during an interested employee’s regularly scheduled work hours, as long as minimum staffing requirements are met. The POA agrees that the District will not pay any split shift differentials that result from flex scheduling under this provision. SECTION 2.6 - HOLD FOR FUTURE USE SECTION 2.7 - SAFETY COMMITTEE The POA shall choose two (2) representatives for the District safety committee. The representatives shall come from the bargaining unit at large, except at least one (1) shall come from each geographical area and at least one (1) shall be a supervisory position. ARTICLE 3 - NO DISCRIMINATION All employees must comply with the District’s Prohibition Against Discrimination, Harassment and Retaliation Policy and applicable Federal and California laws. ARTICLE 4 - DISTRICT RIGHTS Except as expressly limited by these Terms, and as thereafter amended or modified, it is understood and agreed by the POA that the District retains all of its powers to direct, manage and control the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish District policies, goals and ATTACHMENT 2 3 objectives; maintain the efficiency of District operations; acquire District property; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME SECTION 5.1 - OVERTIME A. Work Period The work period for employees shall be regular and recurring, commencing at 12:00 a.m. on Monday and ending at 11:59 p.m. on Sunday, unless an alternative work schedule necessitates a different work period to prevent schedules from creating overtime. Except for emergency or other situations declared by an Area Superintendent, Chief Ranger, General Manager of their designee, the following shall apply: Rangers/Lead Rangers/Supervising Rangers shall be assigned to a work schedule of either a) five (5) days per week, eight (8) continuous hours per day with two (2) consecutive days off or b) an alternate work schedule as defined below in Section 5.3. B. Overtime Overtime shall be defined as that time authorized and worked by an employee in excess of the scheduled workday or in excess of forty (40) hours within the work period, exclusive of a non-paid meal period. Overtime work may be ordered or authorized by a District Manager, Area Superintendent, or the employee’s immediate supervisor. Supervising Rangers are preauthorized for overtime needed to handle ongoing incidents. An Area Superintendent should be contacted for incidents of extended duration. An Area Superintendent should be contacted for incidents of extended duration. Any hours in paid District status will count as "hours worked" for purposes of determining overtime. Employees shall be compensated at the rate of one-and-one-half (1½) times the employee's regular hourly rate of pay for hours worked in excess of the scheduled workday or forty (40) hours in the work period. Overtime above forty (40) hours shall be recorded on the employee’s timecard on the day the overtime hours are worked. This Section shall not apply to part- time employees unless the workday exceeds eight (8) hours, or the scheduled workday, whichever is greater. When additional shift/s are worked on normal days off in a week in which an employee also works on a holiday, overtime shall be paid for the hours worked on the employee's normal days off that are also over forty (40) hours for the work week. The overtime will be recorded on day/s that the additional shifts were worked unless that day is a holiday, in which case they will be recorded on the next day worked that is not a holiday. If the next day is not in the same pay period, it will be recorded on the day before the holiday. See Section 11.1(G)(3) regarding overtime pay on a holiday. C. Compensatory Time Off Employees may request compensatory time off (CTO) in lieu of overtime pay. Use of CTO shall be approved in advance by the supervisor. CTO shall be computed at a rate of one and one-half (1½) times the overtime hours worked. The request for CTO shall be made when employees submit their timecards. ATTACHMENT 2 4 Employees may accumulate up to thirty-three and one-third (33 1/3) hours of extra hours (50 hours of CTO). Once the cap is reached, employees shall be paid for all overtime worked. Employees may cash out all or a portion of their accumulated CTO at any time. The request must be made in writing and submitted with the employee timecard. The District may elect to pay probationary employees overtime pay in lieu of CTO accrual for overtime work as a result of training. SECTION 5.2 - CALL-BACK TIME Employees on call-back time away from their residences are entitled to rest breaks and meal periods as follows: A. Rest Breaks After two (2) consecutive hours the employee is entitled to a ten (10) minute paid rest break. B. Meal Period After four (4) consecutive hours, the employee is entitled to a thirty (30) minute meal period. The meal period may be paid or unpaid on the same basis as meal periods during the regular shift. C. Minimum Call-Back Employees not residing in District housing, who are called back to work from their residence outside of their regular work hours, will receive a minimum of three (3) hours of call-back time paid at time and one-half (1½) commencing upon arrival at the employee’s work station. A total of one (1) hour of commute time, to and from the employees work station, shall be provided for and included in the (3) hour minimum call-back time. Any employee residing in District housing, called back to work from their residence outside of their regular work hours, will receive a minimum of one (1) hour of call-back time paid at time and one- half (1½) commencing upon logging-on to dispatch. SECTION 5.3 - ALTERNATE WORK SCHEDULES The District will generally make available alternate work schedules in each geographical area subject to the guidelines below. The District reserves the right to revert to a 5/8 schedule, and to make work period and work schedule adjustments any time up to the start of each workweek to address the business needs of the District, including, but not limited to, unplanned staff shortages, volunteer projects, special events, training, special work assignments, and other project staffing needs. A. 9/80 Ranger/Lead Ranger Schedule – Weekend Day Off 1. The Weekend 9/80 schedule opportunity will be available to Rangers/Lead Rangers and will be rotated between Rangers/Lead Rangers who are qualified to participate in the program based on seniority within the same geographic area and the groups sharing common days-off. By December 1, each group of Rangers/Lead Rangers sharing common days off shall meet and alternately select, based on seniority, a four (4) week scheduling period. In the event there are four-week schedules remaining after the initial selection process, the remaining schedules will be made available to other qualified members of the group based upon seniority, rotating until all available pay periods have been filled. Requests may be canceled up to three (3) weeks prior to the last Friday of the preceding schedule. Canceled or otherwise available Weekend 9/80 schedules will be assigned on a ATTACHMENT 2 5 rotating basis to qualified Rangers/Lead Rangers who have expressed interest three weeks prior to the last Friday of the preceding schedule. 2. The 9/80 schedule for Rangers/Lead Rangers will be rotated on a scheduling cycle per each change of staff. A 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one day of eight (8) hours and four days of nine (9) hours, followed by three (3) consecutive days off and a week of four (4) consecutive work days of nine (9) hours each, followed by two (2) consecutive days off or vice versa. The Fair Labor Standards Act work week for the 9/80 schedule begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternate schedule. 3. A maximum of two Rangers/Lead Rangers from each geographical team sharing a common day off can be scheduled on a Weekend 9/80-schedule program if the team has at least four (4) full-time-equivalent (FTE) rangers working independently. If the team has only three FTE rangers, then only one (1) staff member for that team can have the Weekend 9/80 schedule. If the Ranger/Lead Ranger team has less than three (3) FTE team members available to work an alternate schedule as a ranger, then the Weekend 9/80 schedule will be discontinued. Staffing requirements will continue to be a priority over alternate scheduling. 4. The Weekend 9/80 schedules will not be altered to accommodate vacation requests, other than guaranteed vacations. The eight-hour day will be a weekend day. B. Additional Ranger/Lead Ranger 9/80 Schedules 1. The District will assign Rangers/Lead Rangers who have expressed interest three (3) weeks prior to the last Friday of the preceding schedule to additional 9/80 work schedules as staffing needs allow. By December 1, each group of Rangers/Lead Rangers in a geographical area shall meting an alternately select, based on seniority, four (4) week scheduling periods. The slots available for each four-week period will be equal to the number of Rangers eligible for potential additional 9-80s. The first slot will be given highest priority and the last slot lowest priority. Assignments will typically be for a four (4) week block. 2. An employee assigned to a 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one day of eight (8) hours and four days of nine (9) hours, followed by three (3) consecutive days off and a week of four (4) consecutive work days of nine (9) hours each, followed by two (2) consecutive days off or vice versa. The Fair Labor Standards Act work week for the 9/80 scheduled begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternative schedule. 3. Staffing requirements will continue to be a priority over alternate scheduling. 4. Additional 9/80 schedules will typically have as their eight (8) hour day a Wednesday. C. 4/10 Ranger/Lead Ranger Schedule/ Supervising Ranger 1. The District may assign Rangers/Lead Rangers/Supervising Rangers to a 4/10 work schedule. The District will normally assign Rangers/Lead Rangers/Supervising Rangers with the highest seniority to this schedule. ATTACHMENT 2 6 2. An employee assigned to a 4/10 schedule will normally work four consecutive days followed by three (3) consecutive days-off. No employee on a 4/10 alternative work schedule is entitled to daily overtime as a result of working the hours associated with that schedule. 3. The 4/10 schedule will not be altered to accommodate vacation requests, other than guaranteed vacations. Staffing requirements will continue to be a priority over alternate scheduling. D. 9/80 Supervising Ranger Schedule An alternate 9/80 schedule will normally alternate between a week of five (5) consecutive work days, consisting of one eight (8) hour workday and four nine (9) hour days, followed by three (3) consecutive days off and a week of four (4) consecutive nine (9) hour workdays each, followed by two (2) consecutive days off or vice versa. The Fair Labor Standards Act work week for the 9/80 schedule begins at the midway point on the day of the week that is opposite the day off. No employee on a 9/80 alternative work schedule is entitled to daily overtime as a result of working the scheduled hours in his or her alternate schedule. SECTION 5.4 - PAID MEAL PERIODS Rangers/Lead Rangers/Supervising Rangers shall receive a thirty (30) minute paid meal period if: 1) assigned to a patrol shift; 2) assigned to a volunteer project; or 3) responsible for monitoring the radio to respond to emergencies during full day trainings or events. SECTION 5.5 - COURT APPEARANCES AND COURT STANDBY STATUS A. Court Appearances An employee who is required to appear in court, outside of their regular work hours, as a witness in a matter involving the employee which occurred in the course of their District duties, will receive a minimum of two (2) hours of callback time paid at time and one-half (1½), as long as the court appearance does not overlap with their scheduled shift. B. Court Standby An employee who is placed by the court on standby outside of their regular work hours as a witness in a matter involving the employee which occurred in the course of their District duties, if not in conflict with the instructions of the court, may choose to report to work or remain available to the court away from work. Employees who choose to report to work will receive a minimum of two (2) hours standby time, paid at time and one-half (1½), provided the court appearance does not overlap with their scheduled shift. An employee who chooses to remain available to the court away from work will receive compensation of one-half (½) of their hourly rate of pay for a minimum of two (2) hours, provided the court standby does not overlap with their scheduled shift or any other on-duty work time. SECTION 5.6 – HOLIDAY SCHEDULING Rangers, Lead Rangers, and Supervising Rangers will generally be scheduled to work only one of either Thanksgiving or Christmas if feasible. The Thanksgiving or Christmas holiday Rangers, Lead Rangers, and Supervising Rangers are assigned to work will be alternated annually when feasible. This holiday scheduling will take precedence over regular days off and alternate schedules. Guaranteed vacation and staffing levels will take precedence over assigning either holiday off and over alternating the holiday. If necessary, for staffing levels ATTACHMENT 2 7 Rangers, Lead Rangers, and Supervising Rangers may be assigned to work both holidays. ARTICLE 6 - WORKERS’ COMPENSATION/ DISABILITY COVERAGE/MODIFIED DUTY SECTION 6.1 - INDUSTRIAL INJURY/WORKERS’ COMPENSATION BENEFITS If, during the performance of assigned duties, an on-duty employee sustains an on-the-job injury covered by Workers’ Compensation, the District shall augment Workers’ Compensation, long-term disability, and other benefits in order to provide for full pay for the disabled employee up to a maximum of ninety (90) days in a twelve month period without use of the employee's accrued leave time, except that the employee must use accrued leave time to cover the three (3) day waiting period for Workers’ Compensation temporary disability payments, unless the employee is hospitalized as an inpatient or unable to work more than fourteen (14) days. Employee disability coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial illness or injury covered by Workers’ Compensation. The employee must notify the supervisor of all such medical appointments that occur during work time in the same manner as Section 12.1.C. Sick Leave Reporting. Employee disability coverage will not be provided if the District offers the employee a modified duty assignment within the employee's medical limitations and the employee declines the modified duty assignment. SECTION 6.2 – MODIFIED DUTY In cases of injury or illness, including pregnancy, an employee may return to work for modified duty upon approval of District administration and in consultation with the employee's treating physician. The employee shall receive their regular rate of pay during the modified duty. Approval for modified duty shall be based upon the District's ability to provide work consistent with the employee's qualifications, medical limitations, and the length of time of the limitations. The District may consult a physician in determining the employee’s work limitations. If there is disagreement between the employee's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. Modified duty requests shall be made to the employee's immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The supervisor shall review the request and the documentation for completeness and immediately forward them to the Area Superintendent. The Area Superintendent shall then consult with the Human Resources Department and shall determine if appropriate work is available at the employee’s workstation before assigning the employee to another workstation. However, employees on modified duty must be willing to accept any modified duty assignment, schedule and/or work location within the District. The decision of the District with respect to modified duty assignments, schedule or work location is final. The duration of the modified duty assignment is subject to the needs of the District. The provisions of this section are not intended to create any permanent modified duty assignment. If there are more employees who could accept modified duty than there are assignments, and the employees are comparably qualified, preference will go to those injured on the job. The District will make every reasonable effort to accommodate injured employees and offer a modified duty assignment. ARTICLE 7 - COMPENSATION AND BENEFITS SECTION 7.1 – COMPENSATION The salary adjustments described in this section shall be effective the first full pay period after Board adoption of this Terms document. ATTACHMENT 2 8 • The Ranger classification moves up one range (approximately 2.5%) and the Lead Ranger classification moves up two ranges (approximately 5.0%). After the classes move the number of ranges cited above, all ranges will be increased by 3.0%. SECTION 7.2 - BENEFITS A. Medical Insurance The District participates in the CalPERS Health Insurance Program, which offers a choice of several medical plans available to District employees. The District will continue to contribute $380.00* per month toward the cost of medical insurance for regular, full time employees. (*See Section B. below.) B. Cafeteria Plan The District will continue to provide a Section 125 Cafeteria Plan that employees may use to pay for the cost of medical, dental, and vision insurance as well as Dependent Care and Medical Reimbursements on a pretax basis. The District will provide a contribution into the Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount toward medical insurance as described below. The Cafeteria Plan contribution will be adjusted as described below. 1. District contributions for health benefits, effective the first full pay period after Board adoption of this Terms document, shall be equal to the 2022 Kaiser monthly premiums as follows:: Employee Only: $857.06 per month Employee Plus One: $1,714.12 per month Employee Plus Two or More: $2,228.36 per month 2. Payroll Deductions: If an employee selects a plan with a greater premium cost than the District contribution, the employee will pay the additional premium cost. 3. Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums than the District contribution, an employee selecting such a plan will have contributions remaining in the Cafeteria Plan and may apply the remaining contribution to other qualified benefit costs, or receive the difference in cash. 4. Waiver: If an employee provides evidence (e.g. insurance ID card) that the employee is covered under a non-District medical plan, the employee may elect to waive such coverage through the District. Employees waiving medical coverage will receive contributions under the Cafeteria Plan equivalent to one-half of the District Employee Only contribution, and may elect to apply such contribution toward other qualified benefit costs or receive the difference in cash. 5. Internal Revenue Code: If the District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfy any requirements of the Internal Revenue Code for such plan year, the District shall take such action as the District deems appropriate and necessary to ensure that the Cafeteria Plan satisfies the requirements of the IRS Code. C. Dental Insurance The District will continue to make available the Delta Dental Plan that is provided to the District. The District will provide a similar plan if the Delta Dental Plan becomes unavailable, and will meet and confer with the bargaining unit if such replacement plan is needed. The District will pay the full premium cost of the dental plan coverage for employees and dependents as a contribution to the Cafeteria Plan. If an employee is currently covered under a non-District provided dental plan, basically equivalent to that provided by the District, the employee may elect to waive such coverage through the District. ATTACHMENT 2 9 An employee who elects to waive dental coverage will receive the cash equivalent of one-half (½) of the dental premium, and may elect to use it for other benefit costs or receive it in cash. The District will provide same-sex domestic partner coverage in the plan listed above, if the plan allows for the domestic partner’s enrollment. D. Vision Care The District will continue to make available the Vision Service Plan that is provided to the District. The District will provide a similar plan if the Vision Service Plan becomes unavailable, and will meet and confer with the bargaining unit if such replacement plan is needed. The District will pay the full premium cost of the vision plan coverage for employees and dependents as a contribution to the Cafeteria Plan. An employee may elect to waive vision plan coverage through the District. An employee who elects to waive vision coverage may elect to apply the full amount of the vision plan premium toward other benefit costs or receive it in cash. The District will provide same-sex domestic partner coverage in the plan listed above, if the plan allows for the domestic partner’s enrollment. E. Basic Life Insurance and Accidental Death and Dismemberment (AD&D) The District will continue to provide basic group term life and AD&D insurance coverage equivalent to two times (2X) the employee’s annual salary up to a maximum benefit of $350,000. Employee life insurance amounts over $50,000 are subject to annual tax withholding. Note: the two times (2x) the employee’s annual salary may be subject to benefit reductions required by the carrier for employees age 70 and older. The District will continue to provide a separate group term life insurance benefit in a flat amount of $25,000. F. Optional Supplemental Life Insurance Benefits The District will continue to provide employees the option of electing Supplemental Life Insurance at the employee’s cost. G. Part-Time Employees Medical, dental, vision and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be provided on a pro-rata basis unless greater employer contributions are required by law. H. State Disability Insurance (SDI) The District will continue payroll deduction of State Disability Insurance premiums for all employees. I. Employee Assistance Program (EAP) The District shall enroll all bargaining unit employees in an Employee Assistance Program and shall pay for the full cost of such enrollment. J. Long-Term Disability Plan (LTD) The District will continue the current level of benefits of the Long-Term Disability Plan. Employees will pay the premium for this coverage. ATTACHMENT 2 10 K. Retirement The District contracts with the California Public Employees' Retirement System (CalPERS) to provide pension benefits for full-time employees. The pension formula for “classic” employees is the local Miscellaneous 2.5% at age 55 Retirement Plan. Classic employees pay 8% of pensionable salary to pay the employee CalPERS contribution. The Public Employee Pension Reform Act of 2013 (PEPRA) established the pension formula for employees hired on or after January 1, 2013, who meet criteria established by the legislation. The pension formula for “PEPRA” employees is the local Miscellaneous 2.0% at age 62 Retirement Plan. PEPRA employees pay one-half of the normal cost of their pension plan to pay the employee CalPERS contribution. L. Dependent Care and Medical Expense Reimbursement The District will provide a Dependent Care Plan and Medical Expense Reimbursement Plan in accordance with Internal Revenue Code Section 125. Such plans enable employees to pay for dependent care and unreimbursed medical, dental, or other health care expenses on a pre-tax basis. M. Retiree Medical Coverage An employee who retires from the District and who begins receiving CalPERS retirement benefits within one hundred twenty (120) days of separation from District employment will be eligible to continue their CalPERS medical plan coverage during retirement. The District will contribute Three Hundred Eighty Dollars ($380.00) per month toward the cost of such employee’s retiree medical plan premium. SECTION 7.3 - PROMOTIONAL COMPENSATION An employee promoted to a class having a higher salary range shall be appointed at the beginning of the salary range of the new class or receive an adjustment closest to five (5) percent above the employee's present salary (limited to the top of the new salary range), whichever is greater. In addition, the employee will receive an adjusted merit pay increase (limited to the top of the new salary range) based on the number of months worked since the last annual evaluation in accordance with the following schedule: Months* Worked Since Merit Pay Last Annual Evaluation Increase 1 through 6 months 1 step – 2.5 percent 7 through 12 months 2 steps - 5.0 percent *Month is equivalent to a calendar month irrespective of how many days are in each month. SECTION 7.4 - ACTING APPOINTMENTS An employee appointed by the General Manager to act in the capacity of and to perform the work of a higher classification, normally due to a position vacancy or a temporary absence of an employee due to vacation, illness, or short-term leave, shall be paid at least five (5) percent more than their current salary or the minimum salary range assigned to the higher classification, whichever is greater, for a specific period of time designated by the General Manager, as long as the acting appointment exceeds forty (40) consecutive working hours. After the 40-hour threshold, acting pay shall be retroactive to the first day an employee is assigned the higher classification responsibilities. An employee appointed to a supervisory position outside the bargaining unit shall agree to withdraw from any POA representation function, e.g., steward, while in the acting position. For purposes of overtime compensation, when an hourly employee is appointed to an acting exempt position, the employee will continue to receive hourly compensation that is equivalent to either: at least five (5) percent more than their current hourly rate of pay or the minimum salary range assigned to the higher classification, whichever is greater, for a specific period of time designated by the General Manager, as long as the acting appointment exceeds forty (40) consecutive working hours. ATTACHMENT 2 11 SECTION 7.5 - NIGHT-SHIFT DIFFERENTIAL Employees shall receive a night-shift differential of Three Dollars ($3.00) per hour, paid to employees for each hour worked after 2:00 p.m. when at least four (4) hours of an assigned work schedule or additional work approved by a supervisor occurs after 5:00 p.m. and before 6:00 a.m. SECTION 7.6 - SPLIT-SHIFT DIFFERENTIAL Employees shall receive a differential of Forty Dollars ($40.00) per workday for each split shift actually worked. Differential pay shall be reserved to split shifts required to be worked by the District, not those requested by the employee. SECTION 7.7 - SHIFT CHANGE DIFFERENTIAL Non-emergency – if an employee’s scheduled shift is cancelled or changed by a supervisor without seventy-two (72) hours notice, the affected employee shall be paid Forty Dollars ($40.00). The shift change differential will be paid on a one-time per continuous days of occurrence. Overtime at the beginning or end of a regularly scheduled shift does not qualify for this shift change differential pay unless the employee was required to attend a training on less than 72 hours’ notice. Emergency – In the event of a “Declaration of an Emergency” by the General Manager, Assistant General Manager Area Superintendent, Area Manager or any District Manager requiring a shift change without twenty-four (24) hours prior notice, the affected employee shall be paid Forty Dollars ($40.00). The shift change differential will be paid on a one-time per emergency basis. Notification – the supervisor or manager making the change (non-emergency or emergency) will make every attempt to verbally contact the affected employee in person or by telephone prior to making the shift change. In the event the employee cannot be verbally reached, the supervisor will leave a voice mail message, text message, and e-mail to the extent possible, of the need for a shift change. SECTION 7.8 – PAYCHECKS AND DIRECT DEPOSITS Paychecks and paycheck direct deposits will be available to employees no later than 4:00 p.m. on Friday following the end of the pay period. In the event there is a holiday on Friday in which the District and/or banks are closed, the paychecks and paycheck direct deposits will be available no later than 4:00 p.m. on Thursday. Payments and direct deposits to external parties other than employee paychecks, will be submitted not later than 4:00 p.m. the business day following payday. The District will make an attempt to notify employees of any changes to an employee’s timecard that affect wages or accrued leave. SECTION 7.9 – HOLD FOR FUTURE USE SECTION 7.10 - FIELD TRAINING OFFICER (FTO) A Ranger serving as a “Field Training Officer” shall be paid five (5) percent more than their current salary for the time they are in this assignment actively training staff or when specifically assigned to be in the FTO role. Approval for the FTO assignment time shall be made by the Department Manager. SECTION 7.11 - TRAINER A qualified employee serving as a “Medical Trainer” (primarily teaching First Aid, CPR/AED, Blood Borne Pathogens, etc.), “Peace Officer Standards and Training (POST) certified Bicycle Patrol Trainer” “POST certified Defensive Tactics Instructor,” “POST certified Radar Trainer,” “Motorcycle Trainer,” or “National Association for Interpretation Certified Interpretive Guide Trainer” will be paid (5) percent more than their current salary for the time required to prepare and teach the class. Approval for the assignment time shall be made by the Department Manager. The Department Manager may recommend additional trainings for eligibility for approval by the General ATTACHMENT 2 12 Manager. SECTION 7.12 - LONGEVITY PAY PROGRAM An employee, who has worked for the District for a minimum of ten (10) consecutive years and who has no below standard rating in the employee’s performance evaluation for the last year, will be eligible to receive a one percent (1%) lump sum payment of annual salary each year after completion of the annual performance evaluation. This benefit applies to both full-time and part-time District employees. The lump sum payment will not adjust the salary range, will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or long-term disability (LTD) wages, and is not pensionable. ARTICLE 8 - EVALUATIONS AND MERIT PAY SECTION 8.1 - GENERAL EVALUATION PROCEDURES A. Evaluations will normally be done one-on-one, between the employee and their immediate supervisor. If the District wants a second supervisor or administrator to take part in a particular evaluation, the employee will have the right to POA representation during the evaluation. B. Employees who have concerns about their evaluation shall have the right to schedule a follow-up meeting with the immediate supervisor to discuss those concerns. A POA representative from the bargaining unit may accompany the employee. This meeting is informal and does not constitute an appeal. C. The parties agree that any individual rating on an area other than “Meets Standard” requires an entry in the “Comments” section. D. Any “Below Standard” rating in any area must be based upon a violation of an established performance evaluation standard or incidents about which the employee was given notice within 10 working days after the supervisor became aware that they occurred. The supervisor will make clear to the employee when a notice pursuant to this section is taking place. An Interim Progress Report and Probationary Performance Evaluation may be utilized as a notice pursuant to this section. SECTION 8.2 - SCHEDULE OF EVALUATIONS A. Probationary Employees 1. 12-Month New Hire Probation, Ranger Academy and Field Training After the completion of ranger academy training and the District’s Field Training Program (FTP), newly hired employees shall serve twelve (12) months’ probation and shall receive a Probationary Performance Evaluation from their supervisor at three (3) months of employment after completion of the FTP, at six (6) months of employment after completion of the FTP, and at eleven (11) months of employment after completion of the FTP. An overall “Meets Standard” evaluation at completion of probation will result in an automatic five-percent increase in pay unless the employee has reached the top of his/her salary range. 2. 12-Month Promotional Probation, Ranger Academy and Field Training Program Promoted employees shall serve, a twelve (12) month probation after the completion of the academy and the District’s Field Training Program (FTP) and shall receive a Probationary ATTACHMENT 2 13 Performance Evaluation from their supervisor at six (6) months of employment after completion of the FTP and at eleven (11) months after completion of the FTP. An overall “Meets Standard” evaluation at completion of probation will result in an automatic five-percent increase in pay unless the employee has reached the top of his/her salary range. An overall “Meets Standard” evaluation at completion of probation will result in an automatic five-percent increase in pay unless the employee has reached the top of their salary range. B. Regular Employees 1. Interim Progress Report Regular employees will receive Interim Progress Reports concerning their job performance six (6) months after they have completed initial hire probation and every twelve (12) months thereafter. Interim Progress Reports do not result in merit pay increases. An overall rating of “Below Standard” on an Interim Progress Report will not result in loss of a merit pay increase. After a promotion, the Interim Progress Report for employees on six (6) month promotional probation will be twelve (12) months after they have completed probation and every twelve (12) months thereafter. After a promotion, the Interim Progress Report for employees on twelve (12) month promotional probation will be six (6) months after they have completed probation and every twelve (12) months thereafter. 2. Annual Performance Evaluation Each year, employees will receive an annual performance evaluation. The evaluative period for annual performance evaluations will start after the completion of initial hire probation and end one year later and every twelve (12) months thereafter. After a promotion, the annual performance evaluation for employees on six (6) month promotional probation will be six (6) months after they have completed probation and every twelve (12) months thereafter. After a promotion, the annual performance evaluation for employees on twelve (12) month promotional probation will be twelve (12) months after they have competed probation and every twelve (12) months thereafter. Employees should receive their evaluation within two (2) weeks after the end of the evaluation period. Evaluations may not be presented prior to the end of the evaluation period unless the employee will be on leave or on days-off through the end of that evaluation period. SECTION 8.3 – ANNUAL PERFORMANCE EVALUATIONS FOR REGULAR EMPLOYEES: OVERALL RATINGS/MERIT INCREASES A. Meets Standard 1. Ranger/Lead Ranger No more than three (3) areas of performance are rated “Below Standard”. A “Meets Standard” rating will result in an automatic five-percent merit increase, until such time as the employee has reached the top of their salary range. 2. Supervising Ranger No more than two (2) areas of performance are rated “Below Standard” and no one area is rated below standard that is egregious, chronic, or impairs the employee’s ability to perform the essential functions of the position. “Below Standard” on the Managers and Supervisors ATTACHMENT 2 14 evaluation form is defined as a 1 or 2 rating in a category as rated by the Supervising Ranger’s supervisor. A “Meets Standard” rating will result in an automatic five-percent merit increase, until such time as the employee has reached the top of their salary range. B. Below Standard 1. Ranger/Lead Ranger More than three (3) areas of performance are rated “Below Standard”. A “Below Standard” rating will result in no merit pay increase but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). “Below Standard” ratings in the same area of performance that are consecutive in two (2) Annual Performance Evaluations will result in an Overall Rating of “Below Standard”. Such a “Below Standard” rating will result in no merit pay increase but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). 2. Supervising Ranger The definition for an “Overall Below Standard Evaluation” is more than two (2) areas rated below standard or one area is rated below standard that is egregious, chronic, or impairs the employee’s ability to perform the essential functions of the position. “Below Standard” on the Managers and Supervisors evaluation form is defined as a 1 or 2 rating in a category as rated by the Supervising Ranger’s supervisor. SECTION 8.4 - APPEAL PROCEDURE In the event of an overall “Below Standard” Annual Performance Evaluation for Ranger and Lead Ranger (regular employees only), affected employees may appeal the rating using the following procedure. Supervising Ranger Performance Evaluations are Not Subject to the Appeal or Grievance Processes. A. Appeals shall be in writing and shall be filed with the Department Manager no later than ten (10) business days after receipt of the evaluation. B. Appeals must be based on the charge that the supervisor abused their discretion. "Abuse of discretion" means basing the evaluation on information that is not factual and/or exercising disparate treatment in the evaluation of different employees. C. Within thirty (30) days of receipt, a panel shall convene to consider the appeal. The panel shall consist of (1) the Human Resources Manager; (2) the employee's representative; and (3) the General Manager or their designee. D. The decision of a majority of the panel is final. In the event the decision involves changing the overall rating to “Meets Standard”, the automatic five-percent increase shall be effective (retroactive to) the employee's original evaluation date. SECTION 8.5 - REMEDIATION PROCESS In the event of an overall rating of “Below Standard” that is not changed on appeal (see Section 8.4 above), the employee shall be in Remediation. The purposes of Remediation are: 1) to give the employee and the supervisor an opportunity to work together on correcting deficiencies identified in the evaluation; and 2) to give the employee an opportunity to achieve a “Meets Standard” rating. Remediation will include a Plan for Individual Improvement, which will specify areas where performance improvement is needed. Remediation can include a temporary or permanent change of duty station. Remediation may include more frequent performance reviews to assist the employee in improving performance. The term of the Plan for Individual Improvement shall be concurrent with the period of Remediation. ATTACHMENT 2 15 A. The period of Remediation shall be no longer than six (6) months from the original evaluation date. B. Employees on Remediation will be reevaluated at three (3) months and six (6) months (if necessary) following the original “Below Standard” evaluation date. C. If any of the evaluations in "B" above result in a “Meets Standard” overall rating, the employee shall receive a five-percent merit increase, if the employee has not yet reached the top of their salary range, effective the date of that evaluation. D. Failure to attain a “Meets Standard” overall rating within the Remediation period may result in disciplinary action pursuant to Article 17. No merit pay increase shall result until the employee attains a “Meets Standard” overall rating. If the employee fails to attain a “Meets Standard” overall rating during Remediation, the employee will not be eligible for a merit pay increase until the employee’s next Annual Performance Evaluation. E. Attaining an Overall Rating of Meets Standard In order to attain an overall rating of “Meets Standard” during Remediation, the following standards will apply: • For the classifications of Ranger/Lead Ranger no more than three (3) areas of performance are rated “Below Standard”. • If the employee has an overall rating of “Below Standard” as the result of consecutive “Below Standard” ratings in the same area or areas of performance on two (2) Annual Performance Evaluations, that area or areas of performance must be rated “Meets Standard”. • For the classification of Supervising Ranger no areas of performance may be rated “Below Standard.” ARTICLE 9 - UNIFORMS SECTION 9.1 - NEW HIRES Newly hired employees in the bargaining unit shall receive their initial regular uniform items from the District at no cost to the employees. For the list of regular uniform items, see Section 9.8. SECTION 9.2 - ALLOWANCE AMOUNT AND USE The annual uniform allowance shall be Seven Hundred and Eighty Dollars ($780) which will be evenly distributed throughout each of the 26 pay periods. Uniform allowance shall be used to maintain regular and optional uniform items, as described on the Uniform List, in good condition except for personal health and safety items. To comply with the California Code of Regulations Section 571 and CalPERS reporting requirements for uniform allowance for Classic employees, uniform allowance for Classic employees is not to be used for the purchase, rental and/or maintenance of items that are solely for personal health and safety such as coveralls, raingear, and safety shoes. SECTION 9.3 - ELIGIBILITY/PRORATING Employees will become eligible to use the uniform allowance at the completion of their probationary period. SECTION 9.4 - PROVIDED ITEMS (NO COST) In addition to the uniform allowance in Section 9.2 above, the District shall continue to provide items it has provided in the past at no cost to the employee. All items covered by this section remain the property of the District and shall be returned to the District upon separation from District employment. ATTACHMENT 2 16 SECTION 9.5 - BOOTS, COVERALLS, RAINCOATS, RAINPANTS In addition to Section 9.4 above, the shall provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the employees. These items shall be replaced at the request of the employee on approval of their Supervisor. The District shall provide toe-protected work boots at employee's request. All items covered by this section remain the property of the District. SECTION 9.6 - BOOT REPLACEMENT There shall be an option to rebuild rather than replace boots under the following conditions: In the event the Supervisor agrees a pair of boots needs to be replaced, but the boot is not significantly damaged, the Supervisor may opt to have the boots rebuilt instead of replaced; except that this option shall not apply to the first pair of boots any employee seeks to replace under this Article; and a single pair of boots may be rebuilt at the Supervisor's option only once. SECTION 9.7- UNIFORM COMMITTEE The parties agree to establish a joint Patrol Uniform Committee, which shall be advisory to the District during the course of these Terms. Bargaining unit representation on the Committee shall be one (1) Ranger/Lead Ranger and one (1) Supervising Ranger of the POA’s choice. District representation shall be no more than two (2) members of the Department Manager's choice. The Patrol Uniform Committee shall meet quarterly or upon special request to the Department Manager to discuss topics including but not limited to: (a) finding replacements for uniform items no longer available; (b) discussing and evaluating the need for new or modified items; (c) discussing and evaluating modifications in the District's uniform policy; and (d) examining and making recommendations on prototypes of new uniform items. The quarterly meetings may be canceled in the event there is no agenda pertaining to uniform issues. With prior approval from the Department Manager, the District will obtain sample uniform items being considered by the Committee. The role of the Committee is to make recommendations to the Department Manager regarding uniform issues. The Committee's recommendation(s) to the Department Manager and the Department Manager's response to the recommendation(s) shall be in writing. The POA shall receive copies of any such recommendations and, upon request, will be given the opportunity to meet and confer before the District acts upon them. The Department Manager's response to the recommendation shall be provided within thirty (30) days of receipt of the written recommendation of the Uniform Committee. SECTION 9.8 - INITIAL REGULAR UNIFORM ITEMS PROVIDED NEW EMPLOYEES Rangers/Lead Rangers/Supervising Ranger 1 tan long sleeve shirts 5 any combination of tan long/short sleeve shirts 1 green patrol jacket 1 green fleece jacket or internal jacket liner of the patrol jacket that can be patched and worn externally3 pairs green pants 1 pair green hiking shorts 1 Black basket-weave belt2 pair socks 1 uniform cap 1 straw Stratton hat 1 felt Stratton hat 1 hat band, wind strap, and rain cover) Refer to Uniform List for specifications ATTACHMENT 2 17 SECTION 9.9 – CLASS A UNIFORMS The District shall provide the following items to Lead Rangers and Supervising Rangers 1 Green Ike jacket with Sinatra zipper front District patches and gold Eurekas 1 pair green poly/wool pant (Fecheimer #32218) 1 green clip-on tie 1 gold tie clip 1 pair black dress shoes/boots 1 black dress belt (basketweave) Refer to Uniform List for specifications ARTICLE 10 - VACATION SECTION 10.1 - ACCRUAL RATES A. Bargaining unit members shall accrue fully paid vacation according to the following schedule: Years of Service Accrual per Hour Paid Days/Year (Full-Time)* Hours/Year (Full-Time)* 1 - 9 0.05769 hr 15 120 10 - 14 0.07692 hr 20 160 15 - 19 0.08077 hr 21 168 20 - 24 0.08846 hr 23 184 25+ 0.09615 hr 25 200 * Hours/year for part-time bargaining unit members of one-half time (50%) or greater will be automatically pro-rated to the same percentage as their hours per week bear to 40. Part- time employees of less than half-time (50%) do not accrue paid vacation. B. Temporary (seasonal) employees who provide service to the District in consecutive fiscal years prior to being hired to fill a regular position shall be credited with the service time for vacation accrual purposes only SECTION 10.2 - ACCRUAL LIMITS POA unit members may accrue up to two times (2X) the amount of their annual vacation time. Members who reach this accrual limit will not accrue any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. SECTION 10.3 - USAGE A. Increments Vacation shall be tracked in increments of one-tenth (1/10) of an hour. B. Scheduling For vacations of one (1) regularly scheduled workday or longer, employees shall submit a vacation request before December 1 of the preceding year. No more than one (1) Ranger/Lead Ranger per calendar day, per Geographical Area, and no more than one Supervising Ranger per calendar day shall be entitled to a guaranteed vacation. During each annual vacation calendar request period, each employee will be limited to two (2) vacation request periods based upon seniority for the first go- ATTACHMENT 2 18 around, not to exceed their annual accrual. Then the calendar will be re-circulated a second time for an additional two (2) vacation requests, and then re-circulated a third time for an additional two (2) vacation requests to be scheduled if scheduling opportunities exist (tied to minimum staffing level requirements). If a vacation request or total amount of time requested is going to exceed an employee’s annual accrual amount, the Area Superintendent must approve such a request. Employees may submit vacation requests on or after December 1, at least ninety (90) days before the requested vacation time. These requests shall be reviewed on a first come-first served basis. If there are no "conflicting vacation requests," the request shall be guaranteed. If unanticipated vacation needs arise during the course of the year, requests shall be submitted no later than the three (3) weeks prior to the last Friday of the current work schedule. Such requests shall be approved based upon operational requirements of the work location and on a first come, first serve basis. The schedule will typically be posted two weeks prior to the last Friday of the current schedule. Vacation requests not submitted within the timelines outlined above, will be considered on a case- by-case basis by the employee’s supervisor. Staffing levels and operational need will be the primary consideration in approving vacation requests. SECTION 10.4 – ANNUAL VACATION CASH-OUT Annual vacation cash-out shall be administered in accordance with the District’s Personnel Manual. SECTION 10.5 - CASH-OUT UPON TERMINATION Upon termination, regular bargaining unit members shall be compensated at their current hourly rate of pay for any vacation accrued but not used. Terminating members will receive their vacation cash-out with their final paycheck. ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE SECTION 11.1 - HOLIDAYS A. Calendar The twelve and one-half (12.5) paid holidays to be observed each year by the bargaining unit members shall consist of: New Year's Day Martin Luther King Jr. Day President's Day Cesar Chavez Day Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day after Thanksgiving Last four hours of workday preceding Christmas Day Christmas Day B. Eligibility A unit member who is in paid status during the scheduled shifts before and after the holiday shall be eligible for paid holiday benefits as described in this Article. ATTACHMENT 2 19 C. Observance 1. When workers on a 5/40 schedule who work Monday through Friday have a holiday that falls on Saturday, it shall be observed on the preceding Friday and a holiday that falls on Sunday shall be observed on the following Monday. 2. For workers on a 5/40 schedule who work Saturday and Sunday, holidays will be observed on the actual day they occur. 3. Workers on a 9/80 schedule observing a scheduled holiday shall receive eight (8) hours of paid holiday time off. The workers shall make up the difference when working a nine (9) hour day from their Holiday Bank, Compensatory Time Off, Personal Leave and/or accrued vacation time off. 4. Workers on a 4/10 schedule observing a scheduled holiday shall receive eight (8) hours of paid holiday time off. The workers shall make up the (2) two-hour deficit from a ten (10) hour day from their Holiday Bank, Compensatory Time Off, Personal Leave, and/or accrued vacation time off. D. Pro-rating Regular part-time employees of at least one-half (½) time are eligible for the same paid holidays on a pro-rata basis according to the average number of hours they work. E. Holidays During Vacation Holidays which occur during a unit member's vacation shall not be charged against vacation time. F. Holiday Falls on Day Off When a holiday falls on a unit member's day off, the employee shall receive the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H)] G. Work On Holiday - Compensation 1. An employee on a 5/40 schedule who works on a scheduled holiday has two (2) choices for compensation for their normal eight (8) hour workday or four (4) hours in the case of Christmas Eve. a. One and one-half (1½) times their normal pay plus the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H).] b. Two and one-half (2 ½) times their normal pay. 2. An employee on a 9/80 or 4/10 schedule who works a scheduled holiday has two (2) choices for compensation for their normal workday or four (4) hours in the case of Christmas Eve: a. One and one half (1½) times their normal pay for hours worked on the day of the holiday, plus eight (8) hours, or four (4) hours in the case of Christmas Eve, will be credited to the Holiday Bank. b. Two and one-half (2½) times their normal pay for eight (8) hours, or four (4) hours in the case of Christmas Eve, and one and one-half (1½) times their normal pay for hours beyond eight, except for Christmas Eve. 3. All hours worked on a holiday during the normal workday shall be recorded as holiday pay except Christmas Eve, which is four (4) hours. Hours worked in excess of the normal workday shall be recorded as overtime and paid at one and one half (1 ½) times the regular rate of pay. No additional compensation shall be made. ATTACHMENT 2 20 H. Holiday Bank In the event of a holiday falling on a day off, or a unit member exercising the option described above in Section 11.1 (G)(1)(a) after working a holiday, eight (8) hours (or a prorated amount for part-time employees) will be added to the employee's "holiday bank" for use or cash out at a later date. For full-time employees, the appropriate number of hours for the day before Christmas is four (4). The "holiday bank" will be administered according to the following provisions. 1. Time from the holiday bank may be used in one (1) hour increments. 2. Employees may use accumulated holiday time to cover portions of scheduled vacations. 3. Unit members who wish to schedule time off covered by the holiday bank during the course of the year shall submit requests to their supervisor for approval. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. 4. Any time remaining in the "holiday bank" at the end of the calendar year shall be paid in cash at the current rate of pay on December 31 of such calendar year, subject to subsection (7) below. 5. Unit members who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. Unit members assigned to work the last four (4) hours of the workday preceding Christmas Day and/or Christmas Day may use in advance (for time off scheduled after December 1) all or part of the hours from these holidays that the unit member elects to add to his or her "holiday bank." Unit members assigned to work the last four (4) hours of the workday preceding Christmas Day and/or Christmas Day or whose regular days off occur on these holidays may convert up to twelve (12) unused holiday hours to vacation. SECTION 11.2 - PERSONAL LEAVE A. Amount Unit employees shall receive thirty-two (32) hours of annual Paid Personal Leave time that will accrue and be allocated at the end of each two-week pay period. B. Maximum Accruals Employees may accrue a maximum of thirty-two (32) hours of Paid Personal Leave each calendar year. Employees who reach this limit will not accrue any additional Paid Personal Leave unless and until the amount of their accrued Paid Personal Leave falls below this accrual limit. In that event employees shall accrue only the amount of Paid Personal Leave for which they are eligible, sufficient to reach their maximum accrual limit. C. Pro-rating Regular part-time employees of at least one-half (50%) time shall be eligible for a pro-rated number of hours of Paid Personal Leave according to the average number of hours they work. D. Notification and Scheduling With supervisor approval, an employee may use Paid Personal Leave at their discretion. ATTACHMENT 2 21 Except in emergency situations, employees do not need to give any reasons for use of Paid Personal Leave. E. Increments Paid Personal Leave must be taken in one (1.0) hour minimum increments. ARTICLE 12 - LEAVES OF ABSENCE WITH PAY SECTION 12.1 - SICK LEAVE A. Accrual All employees shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of ninety-six (96) hours per year for full time employees. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. The employee's sick leave balance shall be recorded on their paycheck stub. B. Usage 1. Employees are eligible to use sick leave for the following reasons: (a) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee. (b) Personal illness or physical disability. (c) Quarantine by a physician. (d) Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s immediate family member or domestic partner requiring the employee to be unavailable for work, subject to Section 4 below. (e) Workers’ Compensation. (f) Health care appointments, including medical, dental, vision, and Employee Assistance Program appointments. (g) As a victim of domestic violence, sexual assault, and/or stalking, as described in the California Labor Code. (h) For any other reason the law permits. 2. Sick leave for any of the reasons above shall be recorded on the employee's timecard and must be used in increments of one (1) hour except for health care appointments. 3. No less than one-half (½) hour of sick leave may be charged for a health care appointment, and sick leave usage over one (1) hour will be computed in tenths of an hour. 4. An employee may use up to eighty (80) hours of accrued sick leave per calendar year to care for a member of their immediate family or their domestic partner requiring the employee to be unavailable for work. This eighty (80)-hour limit may be extended by the General Manager on a case-by-case basis for good cause. Immediate family is defined as an employee’s spouse, son, daughter, father, mother, brother, sister, grandmother, grandfather, father-in-law, mother-in-law, and any relative of the employee living in the employee's household. The definitions of these family relations may evolve over time under California law. For purposes of Article 12, the domestic partner of an employee is as defined by California law. ATTACHMENT 2 22 C. Reporting 1. Non-Urgent Health Care Appointments: Employees will schedule non-urgent health care appointments in advance and shall notify their immediate supervisor of such appointments as early as possible. If notice to the supervisor occurs seventy-two (72) hours or more in advance of the appointment, any disapproval of sick leave time off shall be accompanied by a written statement from the supervisor explaining the reasons. 2. Any employee who is unable to report to work because of any of the reasons in Section 12.1 (B) shall report the reason for absence to their immediate supervisor, or any other supervisor on duty if the immediate supervisor is unavailable. The absence shall be reported by the employee by the designated starting time each day the employee is unable to report to work, unless physically unable to do so. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. D. Ill on Holiday 1. 5/40 Schedule If an employee is ill on a designated holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. 2. 9/80 Schedule A worker on an alternate work schedule who is sick on a scheduled holiday shall receive holiday pay for eight (8) hours and may use accumulated sick leave for the remaining hours. E. Ill on Vacation An employee who is injured or who becomes ill while on vacation may petition the Human Resources Manager to be paid for sick leave in lieu of vacation provided that the employee: 1. Was hospitalized during the period for which sick leave is claimed, or 2. Received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed. Requests for sick leave in lieu of vacation shall be approved if the provision(s) noted above are satisfied. F. Integration Employees eligible for State Disability Insurance or Workers’ Compensation benefits may integrate accrued sick leave and vacation with those benefits in amounts necessary to equal (but not exceed) a full paycheck. During the period of integration, an employee shall remain in paid status, with full benefits, and shall continue to accrue paid vacation and sick leave for the number of paid District hours used for integration. G. Physician Statement An employee absent on paid sick leave five (5) consecutive days or more will be required to submit to their immediate supervisor verification from a physician or licensed practitioner of their illness or injury and ability to return to work. An employee absent on paid sick leave five (5) consecutive days or more in order to care for an immediate family member or domestic partner under Section 12.1B(4) must submit to their immediate supervisor verification from a physician or licensed practitioner of the family member's or domestic partner's illness or injury. ATTACHMENT 2 23 H. Exhaustion of Sick Leave If an employee exhausts his/ her entire bank of accrued sick leave and remains unable to return to work for any of the reasons listed in Section 12.1(B), the employee may request a disability leave of absence without pay subject to Article 13. In the absence of such leave being granted, the absence shall be charged to other accrued leave. I. Sick Leave Conversion Program Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten (10) or more years of District employment shall receive a cash payment of the equivalent cash value of accrued sick leave as follows: Years of employment Percentage of equivalent cash value of accrued sick leave 10-15 20% 16-20 25% 21 or more 30% Retiree Health Savings Account (RHS): Employees eligible for Sick Leave Conversion who were hired on or before June 30, 2006 and retire from the District will receive a cash payment. The cash payment shall be the percentage of the equivalent cash value of accrued sick leave based on years of employment as described above. The remainder of the equivalent cash value of the sick leave will be deposited to the employee’s RHS Account. In all cases, the equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of separation from District employment. Employees hired on or after July 1, 2006 are not eligible for the RHS Account related to the Sick Leave Conversion Program as described above. Employees who were hired on or after July 1, 2006 may be eligible for the Sick Leave Conversion Program as outlined above, and upon retirement from the District may apply the balance of sick leave hours toward CalPERS service credit as governed by CalPERS. J. Abuse of Sick Leave Abuse of the sick leave privileges shall be cause for disciplinary action in accordance with Articles 15 and 17 of these Terms. K. Performance Evaluation Standard When determining whether an employee meets the performance evaluation standard for punctuality and attendance, use of sick leave for an illness or injury covered by Workers' Compensation or other legally regulated use of leave will not be considered. SECTION 12.2 - BEREAVEMENT LEAVE The District’s Personnel Policies and Procedures Manual provides a bereavement leave benefit for all employees. SECTION 12.3 - WITNESS OR JURY DUTY LEAVE A leave of absence with pay will be granted an employee who is called for jury duty, on a scheduled workday, as long as any compensation the employee receives for such duty, except for meal and mileage reimbursements, is signed over to the District. Regularly scheduled work time lost because of such duty shall not affect the employee's accrual of vacation, sick, or personal leave time. If not in conflict with instructions of the court, an employee shall report to work if placed on jury duty telephone standby. In the event the employee is released early from witness or jury duty, employee shall report back to work as long as they can arrive to provide one or more hours of work. ATTACHMENT 2 24 In the event the employee is placed on a jury, and the trial is scheduled to go more than one week from the first reporting day for the jury, the District will then adjust the employee’s schedule to coincide with the courts schedule of Monday through Friday from 8 a.m. to 5 p.m. Therefore, the District and the POA recognize and accept such a shift change may require the change of other represented employees’ schedules in order to meet established staffing needs. SECTION 12.4 - MILITARY LEAVE The District’s Personnel Policies and Procedures Manual provides that military leave is available to all employees. SECTION 12.5 - CATASTROPHIC LEAVE Catastrophic leave shall be administered in accordance with the District's Personnel Policies and Procedures Manual. SECTION 12.6 - ADMINISTRATIVE LEAVE The District may place an employee on paid administrative leave at any time for any lawful reason. During the period the employee is on administrative leave with pay, the employee shall remain in paid status and shall continue to accrue vacation, sick leave, personal leave, and holiday benefits, and other applicable benefits as provided by Article 7 herein. ARTICLE 13 - FAMILY MEDICAL LEAVES AND LEAVES WITHOUT PAY The District’s Personnel Policies and Procedures Manual provides family and medical leave and pregnancy disability leave for all employees. SECTION 13.1 - GENERAL LEAVE A. Duration A regular employee with at least one (1) year of service may request a leave of absence without pay or fringe benefits for up to six (6) months. B. Request Requests for such leave of five (5) days or fewer shall be directed in writing to the Department Manager for approval and shall contain justification for the leave. Request for such leave of longer than five (5) days shall be directed in writing to the General Manager for approval and shall contain justification for the leave. C. Benefit Premiums The employee may elect to continue any or all insurance coverage during a general leave which extends beyond a leave provided under Federal or California family, medical and pregnancy disability leave law by paying the full costs of the premiums for any benefits. E. Adjustment of Anniversary Date/Vacation Accrual/Seniority If an employee is on leave of absence without pay (except leave for industrial injury or illness; and/or a family medical leave) in excess of two (2) complete pay periods, the employee’s anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. The employee's seniority shall also be adjusted to reflect the number of days on leave without pay. ATTACHMENT 2 25 ARTICLE 14 - TUITION REIMBURSEMENT SECTION 14.1 - PREAMBLE All bargaining unit members are encouraged to pursue educational opportunities which directly relate to their work, as well as other opportunities which will add to general education and/or skill level, and those which will help prepare the employee for promotion and/or future job assignments within the District. Bargaining unit members must attend classes on their own time. SECTION 14.2 - APPROVAL Employees will receive reimbursement, subject to Section 14.3 below, for courses which are of benefit to both the District and the employee. Application shall be made only on forms provided by the District and submitted to the immediate supervisor for review and processing. Application for reimbursement must be approved in advance of taking the course. Approval of courses for which an employee may receive reimbursement shall be made by the appropriate administrative officer. To the extent an otherwise approved course conflicts with the employee's work schedule, the employee's immediate supervisor may consider adjustments to the employee's work schedule and/or use of paid leave time to resolve the conflict. SECTION 14.3 - REIMBURSEMENT Employees will receive reimbursement for books and tuition for approved courses, passed with at least a grade of "B" or an equivalent passing rating. The maximum reimbursement per fiscal year per employee is Seven Hundred Dollars ($700.00). Any expenses besides books and tuition shall be evaluated and reimbursement approved on an individual basis by the appropriate administrative officer. ARTICLE 15 - GRIEVANCE PROCEDURE SECTION 15.1 - DEFINITIONS A. A "grievance" is a formal allegation by a member of the bargaining unit who has been adversely affected by an alleged violation of the specific provisions of these Terms or the District's Personnel Policies and Procedures Manual. B. A "disciplinary grievance" is a formal objection or challenge to any punitive disciplinary action including reprimand, suspension, demotion and discharge. Specifically excluded from the definition of disciplinary grievance are the following Warning Types of Discipline: "oral warning" and "written warning" as defined in the Disciplinary Procedure Section of these Terms (Article 17). Notwithstanding the above, Peace Officers may file a grievance in the case of any action that entitles a Peace Officer to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act by using the procedures set out in Section 15.2(B). C. A "grievant" is any unit member, group of members, or the POA adversely affected by an alleged violation of the specific provisions of these Terms or the District's Personnel Policies and Procedures Manual. D. For purposes of this Section, a working day is any day that District administrative offices are open for business. ATTACHMENT 2 26 E. For purposes of this Section, a Steward is an official bargaining unit representative who is a District employee as designated in Section 2.4. A POA Staff Member is a paid employee of the POA. The term “POA Representative” shall mean either a Steward or an POA Staff Member. SECTION 15.2 – GENERAL PROCEDURES A. Any disciplinary action excluded from the definition of “disciplinary grievance” set out in Section 15.1(B) herein is not subject to the Grievance Procedure of this Article. B. Steps I through IV of this Grievance Procedure shall constitute the administrative appeal required by Section 3304(b) of the Public Safety Officers Procedural Bill of Rights Act for any appeal of punitive action involving a peace officer enumerated in Section 3303 of the Act except that suspension, demotion, or discharge may be appealed through Step V. See Section 17.5. C. The grievant and District may mutually agree in writing to waive any step of the Grievance Procedure. However, in order to settle any grievances which arise at the lowest practicable level, and as fairly and promptly as possible, it is the intent of the parties that all steps of the Grievance Procedure be complete. D. In the case of a disciplinary grievance, the affected employee or District may proceed directly to Step III or IV of the Grievance Procedure after imposition of the challenged disciplinary action. If the employee or District wish to proceed directly to Step III or Step IV concerning a disciplinary matter, the employee or District will inform the other Party in writing within the timeframe described in Section 15.2(E) below. E. With respect to Steps II through V of the Grievance Procedure, the time for filing, responding to and appealing grievances to subsequent steps shall be fifteen (15) working days from the date on the grievance, response, or appeal document unless another provision of these Terms provides a different timeframe within which to file a written document to the other Party. All timelines in this Article (including Step I) may be waived by mutual agreement in writing. If the grievant/POA fails to file a grievance or move a grievance to the next step within the proper time limits, absent written agreement to waive an applicable time limit, the grievance shall be considered settled on the basis of the District's response at the prior step. If the District fails to respond to a grievance within the proper time limits, the grievant/POA may move the grievance to the next step. F. A POA representative may be granted time off from duty to process grievances provided that forty- eight (48) hours’ advance notice is provided to the Department Manager. No more than one (1) Steward shall be allowed release time to process a grievance. The number of District employees at grievance proceedings shall be limited to the grievant(s) and one (1) POA Representative. The POA Representative shall not be a person subject to or involved in the matter which is the subject of the grievance. A POA Staff Member may also attend a grievance proceeding where permitted by these Terms. SECTION 15.3 - STEP I A. A grievant shall present the grievance orally to the grievant's immediate supervisor within fifteen (15) working days after the grievant knew, or reasonably should have known, of the event or events on which the grievance is based. To assist in resolving any grievance at the lowest possible level, the supervisor may request that the grounds for the grievance be stated in writing. The immediate supervisor shall conduct whatever investigation is necessary to obtain the facts pertaining to the grievance. Within fifteen (15) working days after receiving notice of the grievance, the immediate supervisor shall meet with grievant in an attempt to settle the grievance and shall give the grievant a reply. The Steward may attend the meeting. ATTACHMENT 2 27 B. If the grievant is not satisfied with the reply of their immediate supervisor, the grievant may appeal the grievance to Step II. SECTION 15.4 - STEP II A. If the grievant desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the grievant's Area Superintendent or department manager if they are the next level of supervision within fifteen (15) working days following receipt of the immediate supervisor's reply. B. The written grievance shall contain a complete statement of the grievance, specific facts upon which the grievance is based, the specific provisions of these Terms and/or Personnel Policies and Procedures Manual claimed to have been violated, and the remedy requested. The grievance shall be signed and dated by the grievant and/or the Steward and/or the POA Staff Member. C. At the request of either side a meeting will be held between the grievant’s Area Superintendent, or department manager if they are the next level of supervision, the grievant and the appropriate POA Representative to attempt to resolve the grievance informally. In any event, the Area Superintendent or department manager if they are the next level of supervision shall give a written decision to the grievant within fifteen (15) working days following receipt of the written appeal to Step II, with a copy to the POA. D. If the grievant is not satisfied with the decision, the grievant may appeal the grievance to Step III. SECTION 15.5 - STEP III A. If the grievant desires to appeal the grievance to Step III, the grievant shall present the written grievance to the Department Manager and a copy to the Human Resources Manager within fifteen (15) working days following receipt of the written decision at Step II. B. In evaluating the appeal at Step III, at the request of either side, a conference shall be held between the Department Manager, in consultation with the Assistant General Manager, and the grievant and their POA Representative in an attempt to resolve the matter informally. With forty-eight (48) hours’ notice to the District, the POA Staff Member may join the grievant and the Steward in the Step III conference. In any event, the Department Manager shall issue a written decision on the grievance within fifteen (15) working days of receipt of the appeal, with a copy to the POA. C. If the grievant is not satisfied with the decision at Step III, the grievant may appeal to Step IV. SECTION 15.6 - STEP IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step II and Step III responses, to the General Manager with a copy to the Human Resources Manager, within fifteen (15) working days of receipt of the Step III response. Within fifteen (15) working days of receipt of the appeal, the General Manager shall convene a meeting with the grievant for the purpose of reviewing the grievance facts and issues pertinent to the grievance and to attempt to resolve the grievance. The POA Staff Member and Steward may attend the Step IV meeting. The General Manager shall issue a final written decision to the grievant within fifteen (15) working days of the meeting. A copy of the decision will be sent to the POA except as provided below for disciplinary grievances. In the case of any disciplinary grievance that is appealable through Step IV, any or all appeal procedures and the review and/or determination of the Step IV grievance, may be conducted by the General Manager or their designee, in accordance with the requirements of the Public Safety Officers ATTACHMENT 2 28 Procedural Bill of Rights Act. Furthermore, the District will only provide documents concerning an employee’s disciplinary action to the POA upon written request of the employee. No disciplinary grievance of a written reprimand may proceed to Step V because the decision of the General Manager at Step IV shall be final. SECTION 15.7 - STEP V A. If the grievance is not resolved at Step IV, the grievant may elect to submit the grievance to a hearing before a State of California Administrative Law Judge (“ALJ”). The grievant shall submit written notice of said election within fifteen (15) working days of receipt of the Step IV response. Thereafter, the parties shall jointly request the California Office of Administrative Hearing assign an ALJ to the hearing. B. The ALJ shall hold a hearing on the issue submitted, or as determined by the ALJ if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the hearing shall be governed by the California Administrative Procedures Act. C. Decisions of ALJs on matters properly before them shall be advisory to the General Manager. No ALJ shall entertain, hear, decide, or make recommendations on any dispute unless the grievant is an employee in a unit represented by the POA and unless such dispute falls within the definition of a grievance as set forth in Section 15.1. D. Proposals to add to or change these Terms or written agreements or addenda supplementary hereto may not be heard under this Step V procedure. No proposal to modify, amend or terminate these Terms nor any matter or subject arising out of or in connection with such proposal, may be referred to a hearing under this Section. No ALJ shall have the power to amend or modify these Terms or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. E. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the General Manager at Step IV. Only compensation complaints which allege that employees are not being compensated in accordance with the provisions of these Terms shall be considered as grievances. F. When either party claims a matter is not subject to this step V hearing procedure, that issue of subject matter jurisdiction shall first be decided by the ALJ without regard to the merits of the grievance. If the issue is held to be subject to hearing under this procedure, the ALJ may, at the request of either party, be recessed for up to for up to five (5) working days to determine if the grievance can be resolved. If it cannot, the hearing proceedings shall be resumed and the ALJ shall hear and issue an advisory written decision proposing a resolution of the grievance on the merits. G. The parties agree that any and all costs associated with a hearing procedure, including but not limited to such items as court reporters, transcripts and the ALJ's fee shall be divided equally between the District and the POA. Each party shall bear their own cost of representation. ARTICLE 16 - LAYOFFS SECTION 16.1 - SENIORITY DEFINED For purposes of this Article, "seniority" shall be by classification and shall be defined as time served in that classification and any higher classification. ATTACHMENT 2 29 SECTION 16.2 - CONSIDERATION OF LAYOFF - NOTICE TO POA When the District determines that a layoff is necessary within the bargaining unit, it shall give the POA at least thirty (30) days’ notice. Such notice shall describe the classifications affected and the circumstances requiring the layoff. Upon request, the POA shall be afforded the opportunity to meet with the District to discuss the impact of layoffs on bargaining unit members. SECTION 16.3 - ORDER OF LAYOFF When one (1) or more employees performing in the same classification are to be laid off, the order of layoff shall be as follows: 1. Seasonal employees. 2. Probationary employees in inverse order of seniority. 3. Regular employees in inverse order of seniority. SECTION 16.4 - NOTICE TO EMPLOYEES Employees subject to the provisions of this Article shall be given at least twenty (20) working days written notice prior to the effective date of layoff. The POA shall receive concurrent notice. The procedures of Section 16.5 shall be applied prior to the effective date of the layoff. SECTION 16.5 - ALTERNATIVES TO LAYOFF A. Claim Vacancies Any affected unit member may claim a vacancy within the unit in a classification formerly held. If such classification is below the one currently held, the employee will have re-employment rights (Section 16.6) to the original classification. B. Displacement An affected unit member may bump the least senior employee in a lower classification within the POA previously held provided the affected employee is otherwise qualified to fill the lower classification. Seniority in the lower classification will be time spent in that classification plus any higher classification. Employees who bump into a lower classification will have reemployment rights (Section 16.6) in their original classification. C. Rate of Pay In the event of claiming a vacancy or bumping into a lower classification, the unit member's rate of pay in the lower classification shall be determined as follows: 1. If the step held in the higher classification occurs in the lower classification, the rate of pay will remain the same. 2. If the step held in the higher classification does not occur in the lower classification, the rate of pay shall be the highest step of the lower classification. SECTION 16.6 - RE-EMPLOYMENT LISTS Unit members who are laid off shall be placed on a re-employment list for their current classification and for each lower classification previously held. Employees reassigned as an alternative to layoff pursuant to Section 16.5 shall be placed on a re-employment list for their original classification. As vacancies become available, employees will be recalled from the appropriate re-employment list(s) in seniority order. ATTACHMENT 2 30 SECTION 16.7 - RIGHTS RESTORED Upon re-employment of a unit member from a re-employment list, all rights acquired prior to their placement on such list shall be restored. ARTICLE 17 - DISCIPLINARY PROCEDURE With respect to disciplinary action, the following applies to members of the bargaining unit: SECTION 17.1 - PREAMBLE The degree of discipline is discretionary with the District. In exercising its discretion the District will consider factors including, but not limited to, the severity of the offense, the number and frequency of previous acts of misconduct, and past work performance. Disciplined employees shall have rights of appeal as set forth in this Article. SECTION 17.2 - PRINCIPLES AND PROCEDURES No employee shall be disciplined except for violation of established policies and procedures, and such disciplinary action shall be in accordance with procedures established herein. The District agrees to follow the principles of progressive discipline and just cause. However, the level or degree of any disciplinary action is within the discretion of the District as set forth above. Property Loss Discipline may be used initially when appropriate due to the severity of the offense. SECTION 17.3 - GROUNDS FOR DISCIPLINE Grounds for disciplinary action shall include, but not be limited to: 1. Abandonment of position and absence from duty without approval; 2. Abuse or misuse of leave privileges; 3. Below-standard work performance, including poor judgment, or incompetence in the performance of required duties; 4. Disruptive behavior or discourteous or abusive treatment of the public or other employees, including threats or acts of violence in the workplace, battery or assault; discrimination against the public or employees in violation of District policies; unlawful retaliation against any person who reports facts or information to authorities or District personnel about misconduct (actual or suspected) of any District employee; or conduct unbecoming a District employee which discredits the District; 5. Failure to abide by established District rules, regulations or policies including violation of the substance abuse policy; 6. Fraud or misrepresentation in securing appointment or promotion; 7. Insubordination; 8. Misuse of District property, work time, or funds, including use for personal purposes; 9. Neglect of duty; 10. Dishonesty, including but not limited to theft or falsification of District records or documents; 11. Failure to adhere to or comply with approved operational or safety guidelines; or negligent or reckless use or operation of vehicles, property, or equipment; 12. Failure to keep required work hours, including chronic absenteeism and chronic tardiness; 13. Any conviction by a court which would be incompatible with the work performed for the District by the affected employee, including a conviction for an offense committed during the course of District employment or a conviction for an offense committed on or off duty with a nexus to the employee's District employment or duties; 14. Failure to report the suspension or revocation of the employee's driver’s license; License suspension or revocation does not constitute automatic grounds for discipline; 15. Unauthorized access to or use of District records; ATTACHMENT 2 31 16. Failure to maintain professional appearance, in accord with the District’s uniform policies. SECTION 17.4 - WARNING TYPES OF DISCIPLINE Whenever possible, counseling or an oral warning should be used prior to taking a more formal disciplinary action. Counseling and oral warnings shall be defined as a non-punitive process that is not considered discipline. A. Oral Warning An oral warning is a verbal notice advising an employee that the employee's behavior or performance must be improved. It defines areas where improvement is needed, sets goals, and informs the employee that failure to improve may result in more serious action. The employee's supervisor will document the oral warning by recording the date and content of the warning and maintain a copy of the documentation. The employee shall receive a copy of the warning at the time the note is prepared. The documentation of the oral warning shall not be placed in the employee's personnel file. However, the incident may be addressed in the employee's performance evaluations and Interim Progress Reports for the evaluation year in which the incident occurred. When appropriate, the District will use the following types of discipline before imposing suspension, demotion or dismissal. B. Written Warning A written warning is notice to an employee that the employee's performance or behavior must be improved. It contains the same elements as the oral warning. When appropriate, the written warning may be used in conjunction with a Plan for Individual Improvement proposed by the employee's supervisor and approved by the Area Superintendent or department manager as appropriate. Prior to a copy of the written warning and Plan for Individual Improvement being placed in the employee's personnel record, a copy shall be given to the employee and a copy shall be sent to the POA. The employee will have the opportunity to read and sign the warning and Plan prior to its being placed in the employee’s personnel record. Should the employee refuse to sign, that fact should be noted on the document, signed or initialed by the employee unless refused, and then entered in the employee’s personnel file. The employee shall have thirty (30) days to prepare a written response which will be attached to the written warning in the personnel file. At the employee’s written request, the written warning and Plan for Improvement will be removed from the personnel record after two (2) years from the date of issuance, provided the employee has received no further discipline nor been notified in writing of pending discipline. C. Reprimand A reprimand will be given by the Area Superintendent or department manager as appropriate upon recommendation of the employee's immediate supervisor. The reprimand will serve as official notice to the employee that the employee's performance or behavior is seriously below standard and that continuation of such performance or behavior will subject the employee to more serious disciplinary action, including possible discharge. When appropriate, the written reprimand may be used in conjunction with a Plan for Individual Improvement in the same manner as set forth in Subsection B above. The employee shall receive a copy of the reprimand at the time it is prepared and a copy shall be sent to the POA. The employee will have the opportunity to read and sign the reprimand and Plan prior to its being placed in the employee’s personnel file. Should the employee refuse to sign, that fact should be noted on the document, initialed or signed by the employee unless refused, and then entered into the employee’s personnel file. The employee shall have thirty (30) calendar days within which to submit a written response to the reprimand. ATTACHMENT 2 32 If one is submitted, the employee's written response shall be attached to the reprimand and filed in the employee's personnel file. The employee's response shall be directed to the Area Superintendent or department manager as appropriate. 1. Employees will have the right to POA representation when responding to reprimands. 2. At the employee’s written request, a reprimand and Plan will be removed from the personnel record after two (2) years from the date of issuance, provided the employee has received no further discipline nor been notified in writing of pending discipline. SECTION 17.5 - PROPERTY LOSS DISCIPLINE The District may take more formal disciplinary action for cause in the form of suspension, demotion or discharge. A. Suspension A suspension is the temporary removal of an employee from the employee's duties without pay. Suspension without pay should generally be used when all other positive means have been tried without success and the Department Manager has reason to believe that the suspension will bring about the improvement needed in the employee's performance or behavior. Suspensions can only be imposed by the Assistant General Manager, upon recommendation from the Department Manager. Suspensions shall not exceed thirty (30) calendar days. B. Demotion A demotion is the transfer of an employee from a position in one class to a position in another class which results in a reduction in compensation rate. Demotions can only be imposed by the General Manager, upon recommendation by the Assistant General Manager. C. Discharge A discharge is the termination of the employee from the employment of the District. A discharge can only be imposed by the General Manager, upon recommendation by the Assistant General Manager. SECTION 17.6 - APPEAL The decision to reprimand, suspend, demote or discharge may be appealed by the affected employee only through the established Grievance Procedure set forth in Article 15. Lesser forms of discipline are not subject to appeal, except when a Peace Officer is entitled to an administrative appeal under the Public Safety Officers Procedural Bill of Rights Act as provided by Section 15.1(B). Where an administrative appeal is required by the Public Safety Officer’s Procedural Bill of Rights the procedures set out in Section 15.2(B) shall apply. SECTION 17.7 - NOTICE OF INVESTIGATION When any employee is under investigation for an incident that could result in disciplinary action, the affected employee shall be notified in writing within sixty (60) working days of a supervisor’s knowledge of the incident (or the most recent in a series of incidents). Specifically excluded from the requirement to provide a Notice of Investigation are customary contacts in the normal course of duty, verbal counseling, instruction, informal verbal admonishment, oral warnings, or other routine or unplanned contact with an employee. Final determination on the imposition of disciplinary action shall be made within a reasonable time. During the investigation, the District shall keep the employee apprised of its progress and likely completion date. ATTACHMENT 2 33 SECTION 17.8 - NOTICE OF INTENT TO IMPOSE DISCIPLINE Written notice of suspension, demotion or discharge must be served on the employee in person or by certified mail prior to the disciplinary action becoming effective. A copy of the notice shall be sent to the POA upon written request of the employee. The notice shall include: 1. Statement of the nature of the disciplinary action. 2. Effective date of the action. 3. Statement of the grounds thereof. 4. Statement in ordinary and concise language of the acts or omissions upon which the grounds are based. 5. A statement of the employee's right to respond, either orally at a meeting requested by the employee, or in writing. The employee shall have the opportunity to respond and be served with notice of final action in person or by certified mail prior to the action becoming effective. The opportunity to respond shall normally take place within seven (7) working days following the initial notice of intended action. 6. A statement advising the employee of the right to appeal through the grievance procedure and the right to POA representation. SECTION 17.9 - ELECTRONIC RECORDING Electronic recording of the pre-discipline conference shall require the mutual consent of the District and the employee subject to discipline. The District reserves the right to electronically record all investigatory interviews provided advance written notice is given to the employee subject to investigation. If an electronic recording is made of the investigatory interview, the employee shall be provided a copy of the tape if any further disciplinary proceedings are contemplated or prior to any further investigatory interviews at a subsequent time. In addition, if the District transcribes the electronic recording of an investigatory interview, it shall provide the employee with a copy of the transcript. ARTICLE 18 - PROBATIONARY PERIOD SECTION 18.1 - LENGTH OF PROBATION A. Initial Hires All persons appointed to the regular position of Ranger/Lead Ranger/Supervising Ranger, required to attend an assigned ranger academy shall be “at will” until they complete an assigned ranger academy and the District’s Field Training Program (FTP). All persons who are not required to complete a ranger academy shall be “at will” until they complete the District’s Field Training Program. Upon successful completion of the FTP, they shall serve a standard probationary period of at least twelve (12) consecutive months. B. Promotional Appointments 1. Ranger All persons promoted to the regular position of Ranger who have satisfactorily passed the probationary period of their current position shall complete an assigned ranger academy, if required, and the District’s Field training Program (FTP). Upon successful completion of the FTP, they shall serve a standard probationary period of at least twelve (12) consecutive months. 2. Lead Ranger/Supervising Ranger All persons promoted to the regular position of Lead Ranger/Supervising Ranger who have satisfactorily passed the probationary period of their current position and have served as a ATTACHMENT 2 34 Ranger/Lead Ranger for the District shall complete a standard promotional probationary period of at least twelve (12) consecutive months. SECTION 18.2 - EXTENSION OF PROBATION In the event a probationary employee misses more than four (4) weeks, from their normal duties, the District may extend the probationary period by an amount not to exceed the period of time missed. In the event the probationary employee's absence exceeds the equivalent of the employee's standard probationary period, the District may require the employee to serve a new probationary period as a condition of returning to work with the District. In the event the employee has not successfully completed any required training prior to the end of probation, the probationary period may be extended up to a maximum of three (3) months. SECTION 18.3 - REJECTION FROM ORIGINAL PROBATION A probationary employee can be rejected from probation at any time during his or her probationary period. The decision to reject an employee from probation is not subject to the Grievance Procedure or discipline appeal procedure of these Terms. As an alternative to rejecting the employee from probation, the District may extend the employee's probationary period. The employee must receive written notice of the extension prior to the expiration of the employee’s initial probationary period, and the extension shall not exceed three (3) months. SECTION 18.4 - REJECTION FROM PROMOTIONAL PROBATION In the case of promotional appointment, a promoted employee may, at any time during the probationary period, be rejected from probation and reinstated in the class designation from which they were promoted. If the reinstatement necessitates the layoff of another District employee currently filling the position, the choice of which employee will be laid off will be based on Article 16, "Layoffs." ARTICLE 19 - CONTRACTING OUT Except in cases of emergency, the District will give thirty (30) days’ prior written notice to the bargaining unit of its intent to contract-out for services in any manner that triggers a negotiation obligation under the Meyers-Milias Brown Act (“MMBA”). Mutual aid and cooperation agreements between the District and other government agencies are excluded. The bargaining unit shall have the opportunity to meet and confer with the District prior to such District action. In cases of emergency, the POA shall have the opportunity to meet and confer at the earliest practicable time following such District action. ATTACHMENT 2 Step Full/Part Range #Minimum Maximum Minimum Maximum Minimum Maximum  Time Intern 6 23.3014 29.0933 4,039 5,043 48,467 60,514 PT Seasonal Open Space Technician 6 23.3014 29.0933 4,039 5,043 48,467 60,514 PT Seasonal Ranger Aide 6 23.3014 29.0933 4,039 5,043 48,467 60,514 PT Seasonal Ranger 16 29.7420 37.1324 5,155 6,436 61,863 77,235 PT Administrative Assistant 20 32.7919 40.9312 5,684 7,095 68,207 85,137 FT Farm Maintenance Worker 20 32.7919 40.9312 5,684 7,095 68,207 85,137 FT Open Space Technician*20 32.7919 40.9312 5,684 7,095 68,207 85,137 FT Accounting Technician 22 34.4170 42.9779 5,966 7,450 71,587 89,394 FT Human Resources Technician 22 34.4170 42.9779 5,966 7,450 71,587 89,394FT Information Technology Technician I 22 34.4170 42.9779 5,966 7,450 71,587 89,394 FT GIS Technician 23 35.2865 44.0613 6,116 7,637 73,396 91,648 FT Risk Management Coordinator 24 36.1359 45.1380 6,264 7,824 75,163 93,887 FT Senior Administrative Assistant 24 36.1359 45.1380 6,264 7,824 75,163 93,887 FT Visitor Services Program Coordinator 25 37.0456 46.2617 6,421 8,019 77,055 96,224 FT Volunteer Program Lead 25 37.0456 46.2617 6,421 8,019 77,055 96,224 FT Facilities Maintenance Specialist 26 37.9417 47.3854 6,577 8,213 78,919 98,562 FT Lead Open Space Technician*26 37.9417 47.3854 6,577 8,213 78,919 98,562 FT Senior Finance & Accounting Technician 26 37.9417 47.3854 6,577 8,213 78,919 98,562 FT Executive Assistant 27 38.8914 48.5758 6,741 8,420 80,894 101,038 FT Information Technology Technician II 27 38.8914 48.5758 6,741 8,420 80,894 101,038 FT Public Affairs Specialist I 27 38.8914 48.5758 6,741 8,420 80,894 101,038 FT Ranger 27 37.7586 47.1610 6,545 8,175 78,538 98,095 FT Equipment Mechanic/Operator 28 39.8478 49.7528 6,907 8,624 82,883 103,486 FT Property Management Specialist I 28 39.8478 49.7528 6,907 8,624 82,883 103,486 FT Real Property Specialist I 28 39.8478 49.7528 6,907 8,624 82,883 103,486 FT Executive Assistant/Deputy District Clerk 29 40.8444 50.9969 7,080 8,839 84,956 106,074 FT Executive Assistant/Legal Secretary 29 40.8444 50.9969 7,080 8,839 84,956 106,074 FT Planner I 29 40.8444 50.9969 7,080 8,839 84,956 106,074 FT Data Analyst I 30 41.8410 52.2475 7,252 9,056 87,029 108,675 FT Lead Ranger 30 40.6223 50.7257 7,041 8,792 84,494 105,509 FT Resource Management Specialist I 30 41.8410 52.2475 7,252 9,056 87,029 108,675 FT Accountant 31 42.8844 53.5450 7,433 9,281 89,200 111,374 FT Capital Project Manager II 31 42.8844 53.5450 7,433 9,281 89,200 111,374 FT Environmental Education Specialist 31 42.8844 53.5450 7,433 9,281 89,200 111,374 FT Interpretive Specialist 31 42.8844 53.5450 7,433 9,281 89,200 111,374 FT Management Analyst I 31 42.8844 53.5450 7,433 9,281 89,200 111,374 FT Planner II 31 42.8844 53.5450 7,433 9,281 89,200 111,374 FT Data Analyst II 34 46.1212 57.6047 7,994 9,985 95,932 119,818 FT Resource Management Specialist II 34 46.1212 57.6047 7,994 9,985 95,932 119,818 FT Grants Program Manager 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Interpretation & Education Program Manager 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Maintenance, Construction & Resource Supv.35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Management Analyst II 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Procurement & Contracting Agent/Specialist 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Property Management Specialist II 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Real Property Specialist II 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Supervising Ranger 35 45.8947 57.3166 7,955 9,935 95,461 119,219 FT Training & Safety Specialist 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Volunteer Program Manager 35 47.2715 59.0361 8,194 10,233 98,325 122,795 FT Applications Engineer 36 48.4354 60.4808 8,395 10,483 100,746 125,800 FT Public Affairs Specialist II 36 48.4354 60.4808 8,395 10,483 100,746 125,800 FT Data Administrator 38 50.8498 63.5170 8,814 11,010 105,768 132,115 FT Midpeninsula Regional Open Space District ‐ CLASSIFICATION & COMPENSATION PLAN Fiscal Year 2022/2023 ‐ Effective August 22, 2022 (Pay Period 22‐18) Last revised: 08/10/2022, 06/08/2022, 10/13/2021, 8/25/2021, 8/11/2021, 06/09/2021, 05/12/2021, 04/28/2021, 01/13/2021, 6/24/2020 Classification Title Hourly Range $ Monthly Range $ Annual Range $ ATTACHMENT 3 Step Full/Part Range #Minimum Maximum Minimum Maximum Minimum Maximum  Time Classification Title Hourly Range $ Monthly Range $ Annual Range $ Field Resource Specialist 38 50.8498 63.5170 8,814 11,010 105,768 132,115 FT Governmental Affairs Specialist 38 50.8498 63.5170 8,814 11,010 105,768 132,115 FT Senior Technologist 38 50.8498 63.5170 8,814 11,010 105,768 132,115 FT Capital Project Manager III 39 52.1206 65.0821 9,034 11,281 108,411 135,371 FT Facilities Maintenance Supervisor 39 52.1206 65.0821 9,034 11,281 108,411 135,371 FT Planner III 39 52.1206 65.0821 9,034 11,281 108,411 135,371 FT Public Affairs Specialist III 39 52.1206 65.0821 9,034 11,281 108,411 135,371 FT Resource Management Specialist III 39 52.1206 65.0821 9,034 11,281 108,411 135,371 FT Special Projects Manager 40 53.3980 66.6806 9,256 11,558 111,068 138,696 FT Senior Accountant 41 54.7223 68.3527 9,485 11,848 113,822 142,174 FT Senior Management Analyst 41 54.7223 68.3527 9,485 11,848 113,822 142,174 FT Capital Projects Field Manager 42 56.0599 70.0113 9,717 12,135 116,605 145,624 FT District Clerk/Assistant to General Manager 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT GIS Program Administrator 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Human Resources Supervisor 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Information Technology Program Administrator 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Senior Capital Project Manager 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Senior Planner 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Senior Property Management Specialist 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Senior Real Property Specialist 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Senior Resource Management Specialist 43 57.4643 71.7702 9,960 12,440 119,526 149,282 FT Area Superintendent 44 58.8688 73.5157 10,204 12,743 122,447 152,913 FT Area Manager 45 60.3402 75.3483 10,459 13,060 125,508 156,724 FT Budget & Analysis Manager 48 64.9015 81.0533 11,250 14,049 134,995 168,591 FT Finance Manager 48 64.9015 81.0533 11,250 14,049 134,995 168,591 FT Human Resources Manager 48 64.9015 81.0533 11,250 14,049 134,995 168,591 FT Information Systems & Technology Manager 48 64.9015 81.0533 11,250 14,049 134,995 168,591 FT Engineering & Construction Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Land & Facilities Services Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Natural Resources Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Operations Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Planning Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Public Affairs Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445FT Real Property Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Visitor Services Manager 51 69.8440 87.2332 12,106 15,120 145,276 181,445 FT Assistant General Counsel I 53 73.3353 91.5938 12,711 15,876 152,537 190,515 FT Assistant General Counsel II 55 77.0070 96.1751 13,348 16,670 160,175 200,044 FT Assistant General Manager 59 84.9057 106.0335 14,717 18,379 176,604 220,550 FT Chief Financial Officer/Director Administrative  Services 59 84.9057 106.0335 14,717 18,379 176,604 220,550 FT * OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. Midpeninsula Rangers Peace Officers Association Board Appointee Group Compensation Hourly Monthly Annual Effective General Manager $128.6866 $22,306 $267,668 7/1/2021 Controller ‐ Part‐time position $95.6346 $4,144 $49,730 7/1/2021 General Counsel $120.6627 $20,915 $250,978 7/1/2021 Elected Officials Compensation Board Director Midpeninsula Regional Open Space District Field Employees Association Last Revised 10/13/2021 10/13/2021 10/13/2021 Per Meeting Monthly Maximum Effective Date $105.00 $630.00 1/13/2021 The District’s Personnel Policies and Procedures provide that the compensation for an employee’s temporary out‐of‐class / Acting Assignment shall be at least  5% but not more than 10% more than her/his current salary. Pursuant to Government Code 20480, out of class appointments shall not exceed a total of 960  hours in each fiscal year. ATTACHMENT 3 Materials provided at the August 10, 2022 Regular Board Meeting CAPITOL OFFICE STATE CAPITOL ROOM 3070 SACRAMENTO. CA 95814 TEL 191 61 65 1 -401 5 FAX (9161651-4915 DISTRICT OFFICES 2105 S. BASCOM AVE. SUITE 154 CAMPBELL, CA 95008 TEL (4081558-1295 FAX (4081558-1296 100 PASEO DE SAN ANTONIO SUITE 209 SAN JOSE. CA 95113 TEL (408) 286-8318 FAX (408) 286-2338 August 8, 2022 California State $ttnth SENATOR DAVE CORTESE FIFTEENTH SENATE DISTRICT Zoe Kersteen-Tucker, President Midpeninsula Regional Open Space District Board of Directors 5050 El Camino Real Los Altos, CA 94022-1404 Dear President Kersteen-Tucker, COMMITTEES LABOR. PUBLIC EMPLOYMENT & RETIREMENT CHAIR BUDGET & FISCAL REVIEW EDUCTION HOUSING HUMAN SERVICES TRANSPORTATION BUDGET SUBCOMMITTEE #5 ON CORRECTIONS. PUBLIC SAFETY. JUDICIARY. LABOR & TRANSPORTATION I am writing in support of continuing good faith contract negotiations between the Midpeninsula Rangers POA and the Midpeninsula Regional Open Space District. The Midpeninsula Regional Open Space District provides an excellent public service by preserving valuable open space. The daily work that the Rangers do is critical for the community's enjoyment of these open spaces. Serving as peace officers, the Rangers face numerous hazards by acting as law enforcement, assisting in wildland firefighting, and responding to medical emergencies. These duties are crucial for public safety and their service is deserving of adequate protections and benefits. I respectfully ask that you continue good faith negotiations with the Midpeninsula Rangers POA instead of imposing work rules on the Rangers. In particular, I ask that their request for a public safety benefits pension plan be moved forward by the Midpeninsula Regional Open Space District Board of Directors. Sincerely, Sei'lator Dave Cortese California State Senate, 15th District CC: Members of the Midpeninsula Regional Open Space District Board of Directors Alexander Hopke, President, Midpeninsula Rangers Peace Officers Association From: To:BOARD Subject:Safety retirement documentation for District Board Date:Wednesday, August 10, 2022 11:29:53 AM Some people who received this message don't often get email from ajhapke@gmail.com. Learnwhy this is important EXTERNAL Good morning Jennifer. Please attach this to tonight’s Board meeting packet associated with item # 7 - Approval of Terms of Employment. Please include the two attached photos referenced below. Alex Hapke MRPOA President This email was sent to Alexander Hapke, Midpeninsula Rangers POA President pertaining to the CalPERS Local Safety Retirement Benefit. Two photos are attached: a letter from Jeff Gaffney to Governor Davis on 8/27/2000 and a letter from Donald Gage to Chairperson Ortiz on 6/20/2000. Dear Alexander, It was great to talk with you today and I hope that my recollections provide you context and intent to the legislation we discussed. I was the president of the Santa Clara County Park Rangers Association when we assisted in the passage of legislation that allowed all Park Rangers to negotiate for Safety Retirement benefits. We started in 1999 and worked with PERS representatives, the Governor’s office as well as the legislative analyst’s office. The intent of the legislation was to include all Park Rangers that were Peace Officers as defined in 830.31(b) of the Penal Code. All parties were in agreement with that intent when the governor signed Senate Bill 439 but the law at that time only included Santa Clara County Park Rangers and the County of Sacramento in a separate section of the code (since they are a 1937 Retirement Act County). During the next legislative session (pretty sure it was the very next session) Assembly Bill 1082 was passed cleaning up any additional questions and adding all Park Rangers as defined by 830.31(b) PC to the Government Code and authorizing them to negotiate with their agency for Safety Retirement. I was also brought in on this legislation to assist with its development and I can confirm the intentions. It should be noted that throughout the legislative process it was emphasized that the justification for Park Rangers needing to have safety retirement was the totality of all of their public safety duties. The understanding of those duties centered on the Park Ranger role as a first responder to medical emergencies, fires and law enforcement incidents. Safety Retirement is about older employees retiring so they do not carry higher liability for the employer. This is especially important as it pertains to working long late hours, possibly “packaging up” injured individuals on to backboards on remote trails and then carrying them out some times for miles; and having to do public safety tasks that are physically demanding, like responding to fires and law enforcement incidents. Having physically fit employees of a generally younger age has proven to reduce employee injuries as well as the potential for injuries to others. Safety Retirement encourages employees to retire earlier in their career by capping their retirement at 90% of total compensation earlier in their career with a slightly more advantageous formula to compensate for the cap. In contrast, there is no cap for miscellaneous Retirement members and no incentive to retire since they can continue to accrue benefits. The need for a younger workforce was considered paramount for employees working night shifts, high stress jobs as first responders and as mentioned to get workers to retire at an earlier age so they did not become a liability to the agency. I hope this is helpful and please don’t hesitate to call or write anytime at all. Best regards, Jeff Gaffney President of the Santa Clara County Park Rangers Association 1997-2003 BOARD OF SUPERVISORS COUNTY OF SANTA CLARA COvrty •OV1•r Hlrt ClrTl• C*$ Mlri ro log ft .. 00+1011.IKI- woo A & C O *1K1l•r1011 N N1•) AM SW 1*s uwl N111a al►0No June 20, 2000 The Honorable Deborah Ortiz Chair, Senate Public Employment and Retirement Committee State Capitol, Room 4032 Sacramento. CA 95814 RE: AB 439 (Pescettp As Amended Julie 19.2000 — COSPONSOR DONALD F. GAGE CN.*. Prow. tur1•vAO• •11yr MIT MCt Dear Chairperson Omar The Santa Clara County Board of Supervisors respectfully requests your support of AB 439 (Pescesti). This measure would make park rangers in the Counties of Santa Clara and Sacramento eligible for safety member status. • 110 As the result of recent negotiations between our Board and the Santa Clara County Park Rangers Association. Santa Clara County agreed to sock public safety status for our park rangers. We believe that this change is highly appropnate to more accurately reflect the park rangers' daily responsibilities Park rangers are the first tine of defense for County residents that visit our parks. Because our County parks arc of txxh a rural and urban nature. the rangers* activities are extremely vaned. Park rangers arc sworn peace officers in Santa Clara County and their daily duties inetude law enforcement. fire and medical first -responder services. Providing the rangers with public safety status acknowledges and helps compensate the rangers for hazards of their daily obligations. AB 439 is scheduled to be heard in your Scnate Public Employment and Retirement Committee on Monday. June 26i'. We urge your support of this important measure. • Sirxcrely, Donald F. Gage, Chairperson Board of Supervisors Members, Seam Public P.yaast and Retircmcnt Con:nume Asacaa llyiiiernber Mossy Pawn Sala Clan Camay LegiaiatFte Dutrytsn, Board of Supervisors Michael Rattip& Legislative Representative SANTA C[ARA COUNTY PARK RANGERS ASSOCIATION PO. Box 102 • Mean Hill. CA 95038-0102 The Honors)* Gray Derr Governor, State of Cakfoteia 5rate C3F404. t. I" Floor Sacramento. CA 95$14 RE: At4341k•cettil- SirPPORT Dear Governor Dave. 1110 Santa Clara County Park Rangers' Association urges ►our support of AB 439IPescmtl AB 439 is now in your hauls and we ask that you sew K into law We feel chat bill will improve tbe wort mg oondrtross for park rangers es Sacramento aid Santa Clara counties August 27.2000 AB 439 would make part rangers in Santa Clam County. as well as Sacramento Comity. eligible for safety mamba status Park rangers ellen wort in remote areas and are the only peace officerArefightereparamodre available for cart so service Long before pubic Witty dtpfoteats were created part rangers were de facto pubic safety office We an Anon always tie lint oe the scare of tragedies that occur a our planet, imposing us to may uaknows bawds then the obvious -man with a gut- to the not so obvious„ 'patient with Hepatitis A, B. er C. The meant of safety mummers* is to maintain a relatively young work force dam cat handle 11te physical aad mental stress that part rangers are sub3ected to daily It becomes harder as gin gig eider so bake alto a remote area more than a auk) and package someone up for estricatioe by a behavior. Mae are many other exaynpks of duties that regime. us to be physically ft and camp a pest moist of arew rescuer of all sorts, fie supp r:m n, law enforcement, and first relposse to f9taifioo aid accidents to name a few Please contact lice if rout nerd mote examples or further aspiration about our request We urge your support of taus measure that et of grotto importance to the Santa Clara Court,. Park Rangers Associates and a benefit to the people of the State of Caltfonta This allows us to better recruit and malt public safety office that can deliver the type of umtpse service that park rumors require Sincerely. etf J . Crania" President. SCCPRA (Santa Gala Casty Park Rangers' Assocsatwe) C Awes by umber Asthma Paton Sawa ams Owl* of Sepeniraate�isriw Dritptso. Bawd WW1 It le ssv Ltnidshe RRaarailltlive A s (40S) $.46-1602 .04161111 Rev. 3/15/21 R-22-95 Meeting 22-19 August 10, 2022 AGENDA ITEM 8 AGENDA ITEM Informational Presentation on Social Media Program GENERAL MANAGER’S RECOMMENDATION Receive a staff report on the Midpeninsula Regional Open Space District’s social media program. No Board action required. SUMMARY During the Board Self-Evaluation Retreat on February 8, 2021, the Board of Directors expressed interest in receiving regular reports regarding the Midpeninsula Regional Open Space District’s (District) usage of social media and the results of that usage, both quantitative and qualitative. The Board of Directors first received a report on District social media on June 9, 2021. The 50th Anniversary celebrations to date have given staff the opportunity to experiment with new techniques and strategies for expanding the District’s social media reach. The social media program in fiscal year 2022 surpassed the goals for reach and shares, garnering nearly 2.9 million organic impressions (with an additional 1.7 million advertising impressions) and 5,253 shares. Follower growth fell just short of the goal with 2,624 new (26,075 total) followers across the District’s social media accounts. This report provides an update on social media and its results in fiscal year 2022. BACKGROUND The District has utilized social media platforms for more than a decade as one of several communication channels to keep the public informed of District activities and events. Until recently, social media channel use was sporadic and fairly limited due to staffing constraints, with an isolated increase in activity in 2013 as part of the Vision Plan process outreach. In 2019, as part of the current strategic communications plan, staff began to refocus on social media activities in support of a strategy to leverage additional opportunities to increase the reach and frequency of District communications. This strategy was further supported by the January 2020 Benchmark Survey results showing a significant gap in awareness about the agency among adults under age 40, a demographic largely attuned to social channels. Efforts to grow the District’s social media reach were boosted in 2020 as COVID-19 public health orders shut down traditional outreach activities, allowing the District to divert staff capacity to creating a wide variety of social media posts. Notably, rapidly changing health orders, especially early in the pandemic, also fit well within social media’s real-time functionality, giving staff a fast and flexible way to disseminate up-to-date information. R-22-95 Page 2 This success, reported to the Board on June 9, 2021, led staff to resource load about 20% of a full-time equivalent position to maintain priority social media channels as a core public affairs function for fiscal year 2022, covering the time with additional capacity from a limited-term staff person retained to assist with 50th anniversary celebration activities. This allocation of time has allowed for a basic level of posting across the five main platforms on which the District publishes (Facebook, Instagram, Twitter, LinkedIn, and YouTube) and monthly analysis of basic metrics and trends. Top-performing social media posts are collected and reported in the biweekly update. The core goal of the District’s use of social media is to increase awareness of the District’s mission, work, programs and preserves. The overall strategy to achieve this awareness balances the following types of content: 1. Posts (information, photos, and videos) about the District 2. Preserve updates, including about wildlife and plants 3. Public meeting notifications and other event invitations 4. Project and program updates and accomplishments 5. Information from partners with a nexus with the District’s mission. To encourage others to share District information, links to select posts are shared via email with District staff (such as links to job postings) and with community partners, (such as links to event invitations). Additionally, partners were provided a social media toolkit to promote events and activities for the District’s 50th Anniversary. This toolkit included graphics and prewritten text so that our partners could easily share information about the District’s 50th Anniversary and events. DISCUSSION During the June 9, 2021 report to the Board, staff set goals for the social media program in fiscal year 2022 regarding reach (number of impressions) and engagement as measured by follower count and number of shares. The prior fiscal year (2021), the District’s posts and videos were viewed nearly 2.6 million times, the District had 23,451 followers across all platforms, and the District’s posts were shared 3,811 times. For fiscal year 2022 (FY22), staff set baseline goals to garner 2 million impressions, increase sharing of the District’s posts and videos by 10% to 4,250 shares and grow total followers by 15% to 26,500 (note that goals were set prior to the end of FY21 and impressions were expected to decrease 15% due to fewer COVID-related postings). Rather than the 15% decrease in reach predicted, the District’s posts and videos garnered nearly 2.9 million impressions, an 11% increase over FY21. Additionally, paid advertising in support of the 50th anniversary celebration boosted the number of impressions by 1.7 million, for a total of more than 4.6 million impressions in FY22 (78% increase over FY21). Follower growth was slower than expected, increasing just 11% to 26,075 and the District’s posts and videos were shared 5,253 times, a 38% increase over FY21 and 24% over goal. To achieve these results, staff focused on solidifying social media as a mainstream communication channel, ensuring efficient use of resources and creating novel and interesting content across all platforms. Additionally, the District’s 50th anniversary celebrations gave staff the opportunity to experiment with new techniques and strategies for expanding the District’s social media reach, including paid promotion, partner social media outreach and toolkits, a social media photo contest and several social media series. The 50th anniversary paid media budget ($30,000) and additional staff resources (the limited-term Public Affairs Specialist position R-22-95 Page 3 added to support 50th anniversary activities) allowed for this enhancement of the social media program. Social Media Management Tools Since 2019, Public Affairs staff had used Fanbooster by Traject (formerly Social Report) to manage social media, specifically to make posts on and collect metrics from Facebook, Instagram, Twitter, LinkedIn and YouTube. In 2021, that service was discontinued, so staff researched and compared options, choosing Sendible as a service with similar features and pricing (which parent company ASG/Traject acquired in March of 2021) for three primary reasons: 1. An export tool was developed to transfer previous content from Fanbooster, allowing for continuity of metrics and history 2. A special price (40% discount) was available to those who migrated before November 1, 2021 3. High customer satisfaction ratings and reviews Staff migrated social media posting, monitoring and metric-collecting activities to Sendible in October 2021. As the District’s communications database technologies evolve with the implementation of Hubspot as our new customer relationship management (CRM) platform, social media tools will likely transition again as efficiencies can be improved with integrated technology. Staff Resources Though Public Affairs staff manages the District’s social media as part of an overall communications plan, other staff, primarily rangers and natural resource specialists, sometimes contribute photos or share ideas for content. Staff generally limits platform activity to publishing content rather than interacting with followers because of the implications regarding government speech and public forums. In addition, Section G of Board Policy 6.01 - Electronic Communications and Social Media (Attachment 1), states that “the District will generally not answer questions or respond to comments made in Internet forums.” Video Content Following the success of TikTok and other video sharing apps, many platforms have reportedly geared their algorithms to favor video content over image or text content. Video content continues to perform well on Facebook (Facebook videos) and Instagram (Instagram Reels). Because novel video content takes significant time to create (a well-produced educational video can take about four hours to script, film, edit and post, even if the final video product is only a minute long), staff is generally using short clips of existing video to maximize efficiency and conserve resources for higher priority work. For FY22, staff experimented with some lower effort video content on Instagram Reels, including vista shots of the preserves with music in the background, reposts of shorter clips that were previously posted on YouTube and short live videos on-site with staff. Overall, these video clips had significantly higher reach (5,063 impressions on average per Instagram video post, versus the average 2,520 impressions on average per Instagram post). R-22-95 Page 4 Filming is the most time-consuming part of generating video content, so this lower-effort video content is only lower-effort if there are previously created video resources available to staff. Public Affairs staff is currently coordinating with Visitor Services staff to obtain raw video footage, as well as short, social-media ready videos as a part of ranger staff’s interpretive content requirements. In April 2022, staff created a TikTok account for the purpose of running paid media in support of the 50th Anniversary. Staff reposted two Instagram Reels to the District’s TikTok account, but neither performed particularly well, as the TikTok algorithm tends to favor content that is either relevant to current trends, or novel and highly engaging (e.g., well-crafted educational content, beautifully filmed wilderness content or exciting news content). Creating consistent novel and engaging video content for the TikTok platform is not sustainable for Public Affairs staff given current staffing resources. Advertising As noted, the District’s 50th Anniversary Celebration created the opportunity and budget to expand paid promotion on social media. With assistance from our professional consultants, the District employed social media advertising on Facebook, Instagram, YouTube and TikTok. Advertising was displayed in three languages: English, Spanish and Chinese (Mandarin) to reach new audiences and meet community inclusion goals for the 50th anniversary outreach and events. The paid media campaign has delivered 1.7 million post and video views across all District social media platforms between April and June 2022. In April, the District used a form of paid social media advertising called “boosted” posts to promote the Bayside Family Festival, which did increase monthly followers gained by nearly 50% for the month of April over the average of similar months (243 vs. 162). Similarly, analytics on YouTube show that 99% of all impressions and video views were from paid advertising in April throughJune. While paid media is a proven way to increase reach, followers and engagement, staff recommends setting goals that remain attainable through organic growth as the best use of public resources. Metrics Because the overall goal of the District’s use of social media remains increased awareness, success is best measured by an increasing trend in overall reach, which is most easily compared to other communications channels. Each channel (e.g., social, web, email, direct mail, outreach, media and advertising) carries strengths that combine to create a robust communications strategy designed to touch a wide spectrum of the District’s constituency. Overall growth in followers is another success metric tracked, because as the District’s social network grows, so too does the reach of its online communications. Summary of FY22 Metrics Target metrics Total Facebook Instagra m Twitter LinkedIn YouTube TikTok 1 FY21 total organic post reach N/A 2,598,103 730,995 851,488 744,526 131,368 130,726 N/A FY22 total organic post reach 2,000,000 2,882,804 1,140,004 1,262,24 0 368,800 95,144 88,484 N/A Percent change FY22 -15% 11.3% 35.8% 32.5% -101.9% -38.1% -47.7% N/A R-22-95 Page 5 Avg. organic reach per post N/A 1,422 2,294 2,004 583 366 N/A2 N/A Additional reach from paid social media advertising N/A 1,721,492 1,279,210 143,782 N/A N/A 298,500 368,963 Total followers as of June 30, 2022 26,500 26,075 12,696 6,223 4,619 2,023 505 5 New followers FY22 3,049 2,624 1,099 896 259 286 111 5 Percent follower growth FY22 15% 11.2% 9.5% 16.2% 5.9% 15.2% 22.0% N/A 1 TikTok video views are not yet counted in the total reach numbers, as staff has not yet posted consistently on the platform, or created any TikTok-specific content. TikTok views are not counted in FY21 reach because the District did not yet have a TikTok account. 2 YouTube analytics count impressions across all videos rather than just new posts, which makes reach per post less useful as a metric. In summary, the social program in fiscal year 2022 surpassed the goals for reach and shares, garnering nearly 2.9 million organic impressions (with an additional 1.7 million advertising impressions) and 5,253 shares. Follower growth fell just short of goal with 2,624 new (26,075 total) followers across the District’s social media accounts. For FY23, staff aims to continue this success by focusing available resources on creating engaging content, experimenting with ways to gain followers (including limited paid media) and experimenting with video content to the extent that it is feasible given available resources. For FY23, staff expects overall impressions to dip following the close of the 50th Anniversary Celebration, to 2.3 million. Total followers are expected to increase by 10% to 28,683 and total post shares are expected to increase by 15% to 6,040. FISCAL IMPACT There is no fiscal impact associated with the recommendation. BOARD AND COMMITTEE REVIEW There was no committee review of this informational presentation. The previous annual update was provided to the full Board on June 9, 2021. 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. R-22-95 Page 6 NEXT STEPS Public affairs staff will report on social media program results annually as part of a total communications update, following the close of each fiscal year and as part of the annual budget planning process. Responsible Department Head: Korrine Skinner, Public Affairs Prepared by: Eleanor Raab, Public Affairs Specialist I, Public Affairs Midpeninsula Regional Open Space District Board Policy Manual Electronic Communications & Social Media Policy 6.01 Chapter 6 – General Effective Date: 8/24/05 Revised Date: 11/13/13 Prior Versions: 8/24/05 Board Policy 6.01 Page 1 of 5 I. Purpose: Use of electronic media is necessary and useful for District Board members and staff in order to improve communication and efficiently perform their District duties. The purpose of this policy is to ensure the proper use of District electronic media and to set out the policy the District and Board members will follow when using electronic media and the District’s electronic communication system. This policy will also ensure that use of District Electronic media complies with applicable law, including the California Public Records Act and the Ralph M. Brown Act. This policy shall be observed and administered by District staff in compliance with the District Electronic Communications Systems Use and Access Policy. This policy is applicable to all users of the District’s electronic communication system. II. Definitions A.District’s Electronic Communication System Devices– District-owned devices or products designed to electronically process, transmit, or store information such as computers, tablets (for example, iPads, Kindles, etc.), printers, modems, USB flash drives, and compact discs. B.User – a Board member, employee, contractor, consultant, volunteer or any other person who uses the District’s electronic communication system. C.E-mail – electronic text or visual communication, including its attachments. D.Electronic Media – a method for processing or transmitting information in electronic form, including e-mail, software programs, and the Internet. E.Electronic Communication (or E-Communication)– electronic text or visual communication and attachments distributed via e-mail, websites, instant messaging, text messaging, social media (for example, Facebook, Twitter, etc.), online forums, listservs or similar services. III.General Procedures A.Protocol for Electronic Communications. E-mail sent via the District’s Electronic Communication System represents and reflects upon the District’s public image and Attachment 1 Board Policy 6.01 Page 2 of 5 integrity. All Electronic Communications must be respectful, professional, and consistent with District policies. E-mail must be written in the same professional and respectful manner as communications sent or received in writing. B. No Use of Personal E-Mail. District Board members and employees should refrain from using their home or business E-mail accounts or addresses for any communication pertaining to District business unless absolutely necessary. District Board members and employees should communicate with the public and staff solely via their designated District e-mail addresses. District Board members and employees shall not commingle e- mail pertaining to District business with their home or business e-mail. C. Electronic Communications between Board Members Concerning District Business. Communications from a Board member to another Board member or members concerning District business should be “one way” and marked “For Information Only— Do Not Reply.” D. Electronic Communication by a Quorum of the Board or a Board Standing Committee. A majority of the members of the Board (or, in the case of a Board Standing Committee regarding matters within the Committee’s jurisdiction) shall not engage in discussions regarding District issues via any Electronic Communication. E. District Staff Response to Electronic Communications from the Public. The District will answer all questions received at its designated e-mail address (info@openspace.org). Correspondence received at info@openspace.org will be checked each business day and questions routed by a designated Public Affairs Department staff member to the appropriate department for an answer. Questions will be answered in a timely manner. If the District’s answers to a constituent’s question(s) are relevant to and impact a larger group of constituents, the District may post the question(s) (without naming the author) and answer on the District’s Web site in the Q&A section at www.openspace.org/about_us/faqs.asp. E-mail addressed to individual staff members or to a department should be treated as written business correspondence. F. Board Electronic Communications with the Public. The public may communicate with the Board electronically through the District’s Web site at: www.openspace.org/about_us/board_of_directors.asp. E-mail from the public addressed to the District in general or to the Board of Directors will be treated as a written communication pursuant to Section 1.48 of the District’s Rules of Procedure. E- mails addressed to the Board of Directors will be forwarded to the District Clerk and a draft response will be prepared for Board consideration. E-mails addressed to one Board member may, at the recipient Board member’s discretion: 1) consider it an individual communication to which he or she may respond; 2) submit it to be treated as a “written communication” to be presented to the full board during a public meeting; 3) inform the Board of it during the Informational Reports portion of the Board public meeting; 4) request that it be forwarded to the full Board as part of its information packet at the next available Board meeting; or 5) forward such E-mail to staff for response as set out in Attachment 1 Board Policy 6.01 Page 3 of 5 Section G. When a Board member responds to individual E-mail from the public, and desires to forward his or her response to such E-mail to the Board, he or she may forward the response and the initial E-mail to the District Clerk for inclusion in the Board’s informational packet at the next available Board meeting. G. District Electronic Communications with the Public. District staff will post official information on upcoming and prior District meetings, workshops and events on the District Website, including agendas, minutes and staff reports. Prior agendas, minutes and staff reports will be posted for the current and prior calendar year. The District will generally not answer questions or respond to comments made in Internet forums. The District may post answers to such questions on its Website as determined by a Board member or by District staff. If a Board member desires staff to prepare a response to a question or comment received by E- mail or made in an Internet forum, the Board member may forward the question to the General Manager and request that staff prepare an appropriate response in a reasonable period of time. If preparation of a response will require significant staff time to research or draft the response, an interim response to the questioner or commenter will be sent as soon as possible acknowledging receipt of the inquiry and informing the sender that a response is being prepared. IV. Web Site A. District Web Site. The District uses the Web site to disseminate information to the public about the District, official business of the District’s Board of Directors, and District preserves. This information shall be published and maintained by District staff in the appropriate department relevant to the information presented. Files made available through the District Web site shall be consistent with the District Web publishing templates, and the Privacy and Terms of Use Policy. The Public Affairs Department is the primary point of contact for inquiries regarding District information disseminated through the Web site, in addition to being the point of contact for any media inquiries through the Web site. The Web site should be maintained in conformity with the District’s “Web Strategy and Maintenance Plan.” B. Web Site and Internet Services—For District Business Purposes Only. The District’s Web site and Internet connection exists solely for the purpose of conducting District business and is not intended for personal use. C. Prohibited Uses. Electronic communications systems of the District are not to be used in any way that violates any District policy, including this Electronic Communications Policy. V. Specific Procedures Attachment 1 Board Policy 6.01 Page 4 of 5 A. Distribution of Agenda Packets. The distribution of agenda packets to the Board of Directors, Committee members, and staff may be in hardcopy or through electronic media. Board of Directors, Committee members, and staff may also access agendas and agenda packets via the District’s Electronic Communication System Devices to view during public hearings and public meetings. B. Retention of E-Mail. E-mail is intended to be a temporary medium of transmission of communication and should not be used for permanent storage of records. Because E- mail should not be used for permanent storage, E-mail is deemed to constitute preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained by the District in the ordinary course of business. If a District Board member or employee desires to retain information received by E-mail, the information should either be printed as a hard copy and then deleted from E-mail, or transferred to an electronic file specifically designated and used solely for District business purposes. The District Clerk and General Counsel are available to assist users in determining how to address questions concerning the application of these procedures. C. Public Records Act. District records, whether paper or electronic, are governed by the public disclosure requirements of the California Public Records Act. Disclosure may be required regardless of who sends or receives a communication or document. In the event that the District receives a request for disclosure of District records that includes E-mail, the person responsible for the requested records must then use his or her best efforts to preserve all retained District E-mail covered by the request until it is determined whether the E-mail is subject to any exemptions under the California Public Records Act. The District Clerk and/or General Counsel must be contacted concerning any request for disclosure of any District records applicable to E-mail or other electronic records of any user subject to this policy. D. Confidentiality. 1) California law requires that certain information be treated as confidential and not be distributed to others inside or outside the District who do not have authorization to view such information. District Board members and employees may occasionally receive confidential electronic information. Some examples of confidential information are: personnel records, internal investigations, information relating to litigation or potential litigation, attorney-client communication, information relating to labor negotiations, or information relating to confidential real estate negotiations. When District Board members or employees receive confidential information, it should be marked “Confidential Information” so that Board members and employees are alerted to the nature of the information. For example, the subject line of an E-mail to Board members that contains confidential information should state: “CONFIDENTIAL.” 2) Confidential information should not be sent or forwarded to individuals or entities not authorized to receive such information and should not be sent or forwarded to District employees not authorized to view such information. Attachment 1 Board Policy 6.01 Page 5 of 5 3) District Board members and employees shall exercise caution in sending confidential information by E-mail and are encouraged to transmit such information via written memoranda, letters or phone calls, because of the ease with which such information transmitted via e-mail can lose confidentiality by inadvertent or intentional diversion or re-transmission by others. Any email containing confidential information should be read and deleted in a timely manner. 4) The District’s General Counsel should be contacted concerning any questions regarding whether a communication is confidential. VI. Compliance with this Policy It is the responsibility of every user to ensure that he or she is in compliance with this Electronic Communications Policy. Attachment 1 DATE: August 10, 2022 MEMO TO: Board of Directors THROUGH: Ana M. Ruiz, General Manager FROM: Jane Mark, AICP, Planning Manager Melissa Borgesi, Planner II SUBJECT: Stevens Creek Trail Overview _____________________________________________________________________________ On March 24, 2022, Midpeninsula Regional Open Space District (District) Board Member Curt Riffle and staff attended the Friends of Stevens Creek Trail (FoSCT) Board of Directors meeting to present an overview and status of the District’s work on the regional Stevens Creek Trail. At the request of Director Riffle, staff is sharing a copy of the presentation slides and brief summary of the Stevens Creek Trail activities with the District Board of Directors via this memorandum. The Stevens Creek Trail is an approximately 27-mile regional trail that is intended to follow Stevens Creek, connecting the San Francisco Bay Trail to the Bay Area Ridge Trail. The trail starts at its connection with the San Francisco Bay Trail at Shoreline Park in Mountain View and extends south through the cities of Sunnyvale and Cupertino. The trail will ultimately connect Stevens Creek County Park and Monte Bello Open Space Preserve (Monte Bello Preserve), ending at the Bay Area Ridge Trail on Highway 35. The Stevens Creek Trail is identified as a regional trail priority in two of the 2014 Board- approved Vision Plan Priorities Portfolios, including Priority Action/Portfolio #12, Peninsula/ South Bay Cities: Partner to Complete Middle Stevens Creek Trail, and Priority Action/Portfolio #17, Regional: Complete Upper Stevens Creek Trail. Implementation of the middle and upper Stevens Creek Trail connections highlights the collaborative work between the District and other public agencies through which the regional trail runs (cities of Mountain View, Sunnyvale, Cupertino, and Los Altos; Santa Clara County Parks) and other regional trail partners (Bay Area Ridge Trail and San Francisco Bay Trail). The District anticipates working closely with Santa Clara County Parks to close the largest gap within this regional trail, between Monte Bello Preserve and Stevens Creek County Park. The two agencies have acquired key properties that facilitate the future construction of a trail connection with Santa Clara County Parks providing funding contributions towards the purchases. The District’s work and progress on the two priority actions/portfolios related to the Stevens Creek Trail is described in detail below. Priority Action/Portfolio #12, Peninsula/ South Bay Cities: Partner to Complete Middle Stevens Creek Trail. • The District is supporting the FoSCT restoration work with Valley Water on a fish passage barrier removal project. The District provided local matching funds for a Valley Water grant and is providing technical review of consultant deliverables. The District also met with FoSCT to discuss a possible additional funding contribution if the bids for construction come in over the estimated cost of approximately $90,000. • The District partnered with FoSCT to designate trails and implement a pilot signage program for the regional Stevens Creek Trail in Monte Bello Preserve. o The District Board approved the designation of the Stevens Creek Nature Trail, White Oak Trail, and Skid Road Trail in Monte Bello Preserve as part of the regional Stevens Creek Trail at their October 27, 2021 Board meeting. o District staff actively participated in the FoSCT-led signage working group. The working group consisted of staff and representatives from: the cities of Cupertino, Sunnyvale, and Mountain View; Santa Clara County Parks; Bay Area Ridge Trail and the San Francisco Bay Trail. The group finalized the design and ultimately approved the new medallion signage that will unify the Stevens Creek Trail by being installed throughout the regional trail. o In June 2022, once the medallion design was approved by the signage working group, District staff installed the Stevens Creek Trail medallions on the designated trails in Monte Bello Preserve. o The District is the first agency to install the new Stevens Creek Trail medallions. Staff provided technical guidance and shared the groundwork of the signage pilot project with Santa Clara County Parks and the other Cities in the signage working group. • Related to the District’s support of partner cities, staff stays informed and provides technical assistance as appropriate to the FoSCT and the City of Cupertino’s evaluation of a trail undercrossing at Highway 280 and Highway 85, which is a recommendation in the 2015 Four Cities Stevens Creek Trail Feasibility Study. District staff will engage as appropriate and consistent with Board policy and Priority Action/Portfolio #12. Priority Action/Portfolio #17, Regional: Complete Upper Stevens Creek Trail. • The District’s vision for completing Upper Stevens Creek Trail is to collaborate with Santa Clara County Parks in planning and implementing a regional trail on District preserves and County parkland that ultimately connects the San Francisco Bay Trail and Bay Area Ridge Trail. • The remaining gaps of the Upper Stevens Creek Trail are a high priority for the cities, County of Santa Clara and the District to complete, with the largest gap located between Monte Bello Preserve, Picchetti Ranch Preserve, and Stevens Creek and Upper Stevens Creek County Parks. • The proposed extension of the Middle Stevens Creek Trail from the cities to Upper Stevens Canyon is also identified in the Santa Clara Countywide Trails Master Plan and the District’s Vision Plan. • Since 2005, the District and Santa Clara County Parks partnered to jointly purchase and preserve four properties along the north side of Stevens Canyon, with the last property needed for the trail corridor purchased in October 2014. In total, the partnership has resulted in approximately 290 acres acquired for the Upper Stevens Creek Trail corridor.   • The land between lower Stevens Creek County Park and Monte Bello Preserve has steep terrain, and the site is very challenging with many drainages and crossings to evaluate for the trail connection. Both agencies will need to spend significant time scouting various trail alignment options and conducting technical and environmental studies to better understand the existing conditions and avoid sensitive wildlife, plants and landslide areas before feasible trail route options can be identified. • Santa Clara County Parks and the District have mutually agreed to prioritize this project as part of the Fiscal Year 2024-25 (FY25) Capital Improvement and Action Plan (CIAP). Work includes identifying trail alignments; completing a trails plan; and completing environmental review, design, permitting and construction of the trail. In the meantime, both agencies continue coordination on pre-planning activities that may include field visits to gain familiarity with the trail corridor, preliminary trails scouting, and development of a partnership agreement between the District and Santa Clara County Parks for planning, construction and maintenance of the future trail. The project will be added to the FY25 CIAP as part of a future year budgeting process. Both agencies target Summer/Fall 2024 (FY25) to start trails assessment and planning work. Attachment 1. Stevens Creek Trail Overview PowerPoint MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Stevens Creek Trail Corridor Midpeninsula Regional Open Space District Photo Credit: Monte Bello Hiker by Deane Little Attachment 1: Stevens Creek Trail Overview PowerPoint Overview 2 Overview of Midpen (Director Curt Riffle, Midpen Board of Directors) Midpen Vision Plan / Measure AA Priorities •Regional Trails Vision •Priority #12 Peninsula & South Bay Cities •Priority #17 Regional –Complete Upper Stevens Creek Trail Four Cities Stevens Creek Trail Feasibility Study •Trail connections to Rancho San Antonio County Park/ Open Space Preserve Midpen Mission 3 “To acquire a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education.” 44 About Midpen Public agency, created in 1972 by a grassroots voter initiative 770,000 constituents (2018) Elected board: seven directors Funded primarily through property tax 26 Preserves in Santa Clara, San Mateo and Santa Cruz counties Preserved over 65,000 acres, 240+ miles of trails Preserves are free and open to the public Main office in Los Altos + field offices 180 employees and 1,000 volunteers $300 million voter-approved General Obligation Bond passed in 2014 to support public priorities 55 Midpen Jurisdiction and 26 Open Space Preserves 6 240 miles of open space hiking trails 16 preserves with mountain bike trails 11 preserves are dog-friendly (1 off-leash area) Black Mountain Backpack Camp Dozens of free docent-led hikes Volunteer opportunities Equestrian trails 6 Free Open Space Activities 7 Midpen 50th Anniversary From 50 to Forever: Caring for the land that cares for us Fifty years ago, our community prioritized clean air and water, healthy habitats for diverse native plants and animals, ecosystems that are resilient to the effects of our changing climate and places for people to connect with nature –that's what Midpen provides in perpetuity. 8 Midpen 50th Anniversary 8 Throughout 2022, there will be ample opportunities to commemorate past accomplishments, get excited about future projects and acknowledge many of the people who help bring Midpen’s mission to fruition. Special in- person events and virtual activities all year long, include: •Bayside family festival on April 30th at Ravenswood Preserve •Coastside community celebration on September 10th at Johnston Ranch •Guided walks, pop-ups and a #SpottedAtMidpen challenge that kicks off in March Celebrate with us all year long at openspace.org/50-years 9 Midpen Open Space Vision Plan 9 1 0 Midpen 50th Anniversary 1 0 1 1 1 1 To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beauty of our region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk; shall Midpen be authorized to issue up to $300 million in bonds, at a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned, with expenditures verified by an independent citizen oversight committee. Measure AA Ballot Language Monte Bello Open Space Preserve 1 2 Measure AA 2/3 (67.96%) voter approval in June 2014 Capital projects only –Top 25 Vision Plan Priorities Authorization to issue bonds for up to 30 years Independent Bond Oversight Committee verification Double Column Format 1 3 Midpen Vision Plan – Regional Trails Single Column + Heading + Image 1 4 Stevens Creek Corridor –Stream Restoration 1 5 Fish Passage Barrier Removal •Midpen supporting the Friends’ work below the Stevens Creek dam for improved fish passage Stevens Creek Trail Designation at Monte Bello Open Space Preserve 1 6 1 7 Middle Stevens Creek Trail Source: Friends of Stevens Creek Trail 1 8 Middle and Upper Stevens Creek Trail Gaps Source: Santa Clara County Parks 1 9 Vision Plan Priority Action / MAA #17 Complete Upper Stevens Creek Trail Create a New Table 2 0 Upper Stevens Creek Trail: Future Planning 2 1 Trail Connections to Rancho San Antonio County Park/Open Space Preserve 2 22 2 Rancho San Antonio Open Space Preserve Thank You! Questions? www.openspace.org info@openspace.org Sign up for eNews at: openspace.org/enewsletter Jane Mark, Planning Manager jmark@openspace.org (650) 625-6563