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Home My Public Portal About19910410 - Agendas Packet - Board of Directors (BOD) - 91-09 Open Space . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-09 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 April 10, 1991 Mountain View, Calif . (7 : 30) * ROLL CALL CLOSED SESSION (Labor Negotiation Matters) (7 : 50) APPROVAL OF MINUTES (March 27 , 1991) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (8 : 05) 1 . Approval of Memorandum of Agreement With Local 715 - H. Grench Resolution Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715, Services Employees International Union, AFL-CIO/CLC (8 : 20) 2. Initial Legislative Program for 1991-1992 - H. Grench (8 : 35) 3. Transportation Committee Recommendations - G. Babbitt (8 : 50) *** 4 . Final Adoption of the Preliminary Use and Management Plan for the Goldsmith Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve - N. Hanko *** 5. Final Adoption of the Preliminary Use and Management Plan for the Nature Conservancy Property Addition to La Honda Creek Open Space Preserve - N. Hanko (8 : 55) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS I 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 CLOSED SESSION (Litigation, Land Negotiations , Labor Negotiations , and Personnel Matters) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication, which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fill out the form provided so that your name and address can be accurately included in the minutes. *** Denotes Express Item NOTICE OF PUBLIC MEETINGS There will be a closed session Budget Committee Meeting Tuesday, April 9, 1991, beginning at 5:45 p.m. in the District Office. The purpose of the meeting is to discuss Board appointees' compensation. The Comprehensive Use and Management Plan Review for Russian Ridge Open Space Preserve is tentatively scheduled for consideration at the meeting of April 24, 1991. Please send your written comments, ideas, and concerns to David Hansen, Land Manager, by April 12, 1991 so that they can be considered in drafting the staff report. You may call the District office within 48 hours prior to the above-mentioned Board meeting to confirm that the item is on the agenda. Open Space - ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-08 REGULAR MEETING BOARD OF DIRECTORS MARCH 27 , 1991 MINUTES I. ROLL CALL Vice President Robert McKibbin called the meeting to order at 7 :36 P.M. Members Present: Robert McKibbin, Richard Bishop, Ginny Babbitt, and Teena Henshaw. Members Absent: Nonette Hanko and Katherine Duffy. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, John Escobar, and Joan Combs. II. APPROVAL OF MINUTES March 13, 1991 Motion: R. Bishop moved that the Board approve the minutes of March 13, 1991. G. Babbitt seconded the motion. The motion passed 4 to 0. B. Crowder was not present for the vote. March 20, 1991 Motion: R. Bishop moved that the Board approve the minutes of March 20, 1991. G. Babbitt seconded the motion. The motion passed 5 to 0. III. WRITTEN COMMUNICATIONS There were no written communications. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA R. McKibbin stated that the agenda was adopted by Board consensus. Meeting 91-08 Page two VI. BOARD BUSINESS A. Adoption of the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1991-1992 Fiscal Year (Report R-91- 38 dated March 19 , 1991) Motion: T. Henshaw moved that the Board adopt the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1991-1992 Fiscal Year. R. Bishop seconded the motion. The motion passed 5 to 0. B. Adoption of New Salary Ranges for Designated General Manager Appointees for 1991-1992 (Report R-91-36 dated March 22 , 1991) H. Grench reviewed the recommended actions , noting that the key elements were approval of a five point (5.1%) across-the-board increase for all General Manager appointees in unrepresented District classifications , and the addition of a Vision Care Plan, with monthly premiums paid by the District. He said that the recommendations had been reviewed with non-represented staff . He noted that the 5. 1% increase essentially represented the cost of living increase , and said that no data had been available from the private sector. He said that staff was also recommending a 3% adjustment increase in the Receptionist-Typist salary range and eliminating the bottom five points and automatic Step B increase of the salary ranges . R. Bishop said that he favored the recommended actions . In response to a question from B. Crowder, J. Fiddes said that some agencies were still in the process of negotiation and therefore, figures for salary range increases were not available. In response to a question from R. McKibbin, H. Grench said that a mid- year review of comparables was anticipated. J. Fiddes stated that she will be meeting with District planners and supervising rangers to review salary survey data. She noted that if any salary adjustments are necessary, staff will return to the Board with recommendations . Motion: R. Bishop moved that the Board approve a five point (5. 1%) across-the-board increase for all General Manager appointees in unrepresented District classifications effective April 1, 1991; approve a three- point (3%) special adjustment increase in the Receptionist-Typist salary range; approve modifying the thirty point salary ranges for all unrepresented classifications by dropping 16 eeting 91-08 Page three the bottom five points of the ranges and eliminating the five-point Step B growth increase; convert the five point Step A growth increase to an automatic five point increase at six months upon successful completion of probation for employees hired at the beginning step of the salary range; direct the General Manager to make necessary special adjustments, effective April 1 , 1991 , for current employees with less than 18 months of service in their current position impacted by the elimination of the five-the Step B growth increase; direct staff to modify the District' s Salary Pay Plan to reflect the approved range adjustments ; and approve the addition of a Vision Care Plan, with monthly premiums fully paid by the District, as soon as necessary enrollment procedures can be completed. B . Crowder seconded the motion. The motion passed 5 to 0. C. Acceptance of Insurance Bid Premiums for 1991-1992 (R- 91-40 dated March 211 1991 and R-91-43 dated March 27 , 1991) J. Fiddes stated that the basic property and automobile package represented a 6 . 2% increase over the 1990-1991 premium. She reviewed the other premiums for the District' s insurance coverage. Motion: T. Henshaw moved that the Board accept the package (liability and property) , auto, umbrella liability, public entity difference- in-conditions, and fidelity bond insurance coverage bid totalling $152 , 836 from Flinn, Gray & Herterich based on quotations from CIGNA, American Surplus , and Chubb for the period of April 1, 1991 through March 31, 1992 . G. Babbitt seconded the motion. The motion passed 5 to 0 . D. Adoption of Budget for Fiscal Year 1991-1992 (Report R- 91-36 dated March 22, 1991) H. Grench noted that an updated report had been distributed, stating that tax collection fees were now being shown as a reduction of revenues rather than an expenditure, and that the revised report contained the Five Year Capital Equipment Schedule. Discussion centered on the feasibility of providing District vehicles rather than requiring staff members to use their private vehicles . Meeting 91-08 Page fou R. McKibbin presented the Budget Committee ' s report, stating that it contained a recommended expanded charge to the Budget Committee and a revision of the open Space Management budget policy. R. McKibbin said that the 1991-1992 budget does not reflect changes in staffing or programs that might occur as a result of discussion of the Strategic Plan for the nineties , and that there would probably be mid- year changes to the budget as a result of that discussion. He noted that funding will be tighter this fiscal year due to projected acquisitions . R. McKibbin said that the committee felt that the new format for the Open Space Management budget process gives a clearer picture of anticipated growth in salaries and benefits , services and supplies , fixed assets , and capital improvement projects . He said that the committee was recommending that any unspent funds in the first three categories could be used in one of the other categories without requiring Board approval . He said that the committee recommended revisiting the Open Space Management Guidelines after adoption of the Strategic Plan for the nineties , if the Board felt that was necessary. R. McKibbin said that the committee recommended asking next year' s Budget Committee to initiate a two-year budget process . Discussion centered on the advisability of adopting a two-year budget process . H. Grench said that this process would require some adjustments , but was probably worth trying. T. Henshaw and R. Bishop stated their support of testing the concept of a two year budget. T. Henshaw suggested that the full Board consider the issue of the Open Space Management Budget Guidelines at an appropriate time, prior to work on next year ' s budget. Motion: T. Henshaw moved that the Board adopt Resolution 91-13, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1991-1992 . B. Crowder seconded the motion. The motion passed 5 to 0 . Motion: G. Babbitt moved that the Board adopt the duties and responsibilities portion of the committee report. T. Henshaw seconded the motion. The motion passed 5 to 0 . Motion: G. Babbitt moved that the Board adopt the revised Open Space Management Budget eeting 91-08 Page five Policies . T. Henshaw seconded the motion. The motion passed 5 to 0 . Motion: T. Henshaw moved that the Board review the Open Space Management Budget Guidelines prior to formulation of next year ' s budget. G. Babbitt seconded the motion. The motion passed 5 to 0 . E. Annual Claims List for 1991-1992 (Re art R-91.-37 dated March 21 , 1991 ) Motion: B. Crowder moved that the Board approve the annual claims list, including debt service payments , for the 1991-1992 fiscal year. T. Henshaw seconded the motion. The motion passed 5 to 0 . F. Authorization for Reimbursement of Director Expenses for California Park and Recreation Society Legislative Conference {Report R-91-35 dated March 14 , 1991) Motion: R. Bishop moved that the Board authorize reimbursement of expenses for Director Henshaw (and another Director if requested) to attend the California Park and Recreation Society Legislative Conference. G. Babbitt seconded the motion. The motion passed 5 to 0. VII. INFORMATIONAL REPORTS H. Grench stated that the directors had been invited to a reception April 5 given for the Board of Directors of Open Space America at Lake Merritt in Oakland. All directors present expressed interest in attending. H. Grench said that he was a member of the Advisory Committee for the Planning and Conservation League ' s 21st Century Study, and said that copies of the report were available for Board review. H. Grench said that he was a member of Supervisor Dianne McKenna ' s Local Government Finance Task Force, and that special districts in the county will be the focus of an upcoming meeting. H. Grench reported that he had attended an Association of Bay Area Governments (ABAG) meeting on solving local fiscal crises . H. Grench distributed copies of the summary of the meeting of the Public Open Space Council, composed of members of the 1990 International Open Space Conference Advisory Committee. Meeting 91-08 Page six C. Britton reported that Peninsula Open Space Trust had issued a personal invitation to the directors for a tour of the Phleger property. After discussion, the Board named April 27 and June 1 or June 2 as possible dates for the tour. D. Hansen reported that Chris Sanger, caretaker at Mt. Umunhum, would not be moving as previously reported. D. Hansen said no significant problems had occurred on the preserves because of the recent storms. D. Hansen reported on the bobcat issue at Deer Hollow Farm, and said that trapping would be used only as a last resort. D. Hansen reported that the Master Plan would be printed in three to six months. J. Escobar reported an equestrian accident at Sierra Azul Open Space Preserve, Kennedy Road Area. VIII. CLAIMS Motion: T. Henshaw moved that the Board approve the Revised Claims 91-06. G. Babbitt seconded the motion. The motion passed 5 to 0 . IX. CLOSED SESSION The Board recessed to Closed Session to discuss labor negotiation matters at 8 : 47 P.M. X. ADJOURNMENT The Board reconvened to adjourn the meeting at 9 : 30 P.M. Joan Combs Secretary Claims No. 91-06 Meetina 91-08 Date: Mar. 27, 1991 Rc"VIS� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Descrintion ----------------------------------------------------------------------------- 367 6,420.00 A-1 Sanitation Comna1y Utility Trailers 368 398.21 Albright Seed Company Seeds 369 1,083.75 Artistic Woodworks Signs 370 192.32 Ginny Babbitt Reimbursement--Training Expenses 371 645.86 Baileys Western Division Fire Fighting Tools 372 7,704.00 Baron Welding & Iron Works, Inc. Gates 373 36.84 Craig Beckman Reimbursement--Field Supplies 374 90.34 Ruth Blanchard Private Vehicle Exnense 375 247.33 Books, Inc. Resource Documents 376 175.00 Borland Computer Software 377 3,659.48 Bride Radio Service Radios and Installation 378 91.22 Dick Bruhn, Inc. Uniform Expense 379 375.46 Cabela's Inc. Uniform Exnense 380 71.00 State of California, Endangered Scecies Search Department of Fish & Game 381 154.47 California Water Service Company Water Service 382 0 255. 0 Cannis Consulting Engineers Mapping Services 383 4,315.64 Carneghi-Bautovich & Partners Appraisal Services 384 475.00 Carpeteria Ranger Residence Carpeting 385 79.45 * China Shuttle Local Meeting Expense 386 78.25 Clark's Auto Parts/Machine Shop Vehicle Parts 387 300.20 Sheryl Marioni-Cochran Reimbursement--Conference Expenses 388 163.68 Annette Coleman Reimbursement--Conference Exnenses 389 38.52 Color Plus Laboratory Prints 390 87.88 Communications Research Company Radio Recairs 391 225.00 Patrick Congdon Reimbursement--Car_cet De_oosit 392 339.12 Conservatree Photocopier Paner 393 48.12 Dennis Danielson Reimbursement--Field Sumli.es 394 97.35 East Palo Alto Water District Water Service 395 86.70 V.W.Elmicke Associates, Inc. Resource Documents 396 2,969.35 Emergency Vehicle Systems Radio Installation 397 160.79 John Escobar Reimbursement--Conference and Training Excenses 398 13,350.00 FERMA Corporation Tank Removal and Cleanup 399 257.50 Mary Gundert Reimbursement--Permit Fees, Conference Expense and Private Vehicle Expense 400 156.00 Herbert Grench Reimbursement--Conference Registration 401 33.33 Goodco Press, Inc. Printing 402 698.69 Mary Hale Reimbursement--Photography Supplies, Conference and Private Vehicle Expense 403 3,375.00 Hawley Peterson & Snyder Consulting Services 404 519.00 Philip Hearin Reimbursement--Training Expense 405 591.67 The H<xne Depot, Inc. Field Supplies 406 75.00 JCP Geologists-Engineers Geotechnical Services 407 1,347.13 _ Jeda Publications Brochures 408 48.42 Thomas Karnofel Reimbursement--Uniform Expense 409 256.22 Matthew Ken Reimbursement--Residence Re_nairs 410 1,809.50 Meyers, Nave, Riback & West Legal Services 411 4,192.08 Micro Accounting Solutions Computer Equipment and Consulting 412 93.81 Monogram Sanitation Sanitation Services *FhtPrrtPnr-v rharlr ;cc„cYi f-,n Mir.-,k nn loci i Claims No. 91-06 ' Meetina 91-08 Date: Mar. 27, 1991 REVISED MID PENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Descrintion -------------------- 413 5,000.00 Moodv's Investors Service Annual Maintenance Fee 414 244.30 Muller Construction Supply, Inc. Field Supplies 415 63.66 National Safety Council Resource Documents 416 335.00 The New Leaf Catering--Special Districts Forum 417 30.73 Noble Ford Tractor, Inc. Equipment Parts 418 31.33 1 3 Northern Energy Pro ne Fuel 419 414.09 The Office Outfitters Office Furnishings 420 934.51 Orchard Supply Hardware Field Supplies 421 1,127.30 Pacific Gas and Electric Company Utilities _ 422 2,014.43 Page and Turnbull, Inc. Architectural Services 423 49.?2Loro Pate rson Reimbursement--Uniform Expense 424 1,066.29 Peninsula Qpen S ce Trust_ pa 1990 Oren Space Conference Expenses 425 150.94 Pitney Bowes Credit Corporation Postage Meter 426 195.00 Pitney Bowes Inc. Maintenance Agreement 427 1,000.00 Town of Portola Valley Town Planner Services 428 4,041.25 Portola Park Heights Property Road Repairs Owners Association 429 483.99 Perkins Welding Works Welding Supplies 430 29.67 Precision Engravers, Inc. Namebadges 431 460.09 Price Club Field Eauirment 432 630.00 Michael Quane Consulting Services 433 293.48 G.N. Renn, Inc. Fuel 434 372.54 Roberts & Brune Plumbing Supplies 435 52.50 Rokon International, Inc. Vehicle Parts 436 1,249.05 Roy's Repair Service Vehicle Repairs 437 765.16 Jane Saltman Consulting Services 438 600.00 Santa Clara County Health Hazardous Materials Permits Department 439 2,861.18 Service Manufacturing Company Service Body 440 1,600.00 E. R. Sheehan Equipment Rental and Consulting 441 114.07 John Shelton, Inc. Drainage Pine 442 330.89 Spencer & Associates Consulting Services 443 112.83 Standard Brands Paints Company Paint and Supplies 444 6,284.26 The Steinberg Group Architectural Services 445 4,400.00 Mike Tobar Excavation Demolition and Debris Removal 446 635.95 Trygg and Trygg Production and Printing 447 4,253.25 Valley Tool & Manufacturing Fire Pumper Company, Inc. 448 28.50 WAC Corporation Aerial Photographs 449 65.74 West Coast Rebar Company Steel Reinforcements 450 185.00 Western-Allied Service Company Maintenance Agreements 451 10,082.28 Whitmore, Kay & Stevens Legal Services 452 270.55 WI Services: Port-O-Let Sanition Services 453 31.96 Word Products Office Supplies 454 408.14 Del Foods Reimbursement--Canputer Supplies and Conference Expense--C.Britton I 455 332.70 The Workingman's Emporium Uniform Expense 456 450.00 Zanker Road Resource Management Dempster Rental 457 252.62 ** Computer Care Printer Repair 458 399.46 Petty Cash Local and Out-of-Town Meeting Expense, Field and Office Supplies, Film, Conference Expense and Private Vehicle Expense **Emergency check issued on March 26, 1991. It RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond MAR 2 9 1991 Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Board of Directors, MROSD Response for Board Consideration per 201 San Antonio Circle, C-135 Board Directive(s) Mountain View, CA 94040 No Response Necessary 20 Mar 1991 Members of the Board, You may recall that I wrote ie,) you about Alpine road before. Once again this road is being eroded during the current rains and without some recent volunteer shovel work it would be much worse. Culverts were clogged and drainage ditches were blocked diverting water to the center of the road in a number of places. The reason I am writing is that substantial work seems to be going on in other areas of the district, both by MROSD and by Sheriffs honor farm inmates. The work required to keep Alpine road in good all weather conCition is not much, and occasional attention by a work crew could handle the job easily. It seems there was much effort in putILLing up barriers and signs to keep bicyclists off their traditional trails that have been in use for many years without any substantial erosion. Meanwhile the road runs down the drain. I think a redirection of effort might be appropriate to better serve "hose who enjoy this preserve. Besides maintenance, there is a stile at the junction of Crazy Pete ' s and Alpine roads that serves only as a hurdle to users. There are no motorcyclists who would enter here and, if they chose, could easily enter AIIAA�:, road at the top and bottom. This makes the stile an unwej--.-anted nuisance. I urge you to remove this barrier and to toward reducing Alpine road to a size similar to Purissima CrE�ol- road in order to reduce runoff. If a road as steep as Ward road'% can be maintained as well as it is, then the gentle slopes of Alpine should be only a trifle. Sincerely, Jobst Brandt 351 Middlefield Rd. bus 857 6680 Palo Alto, CA 94301 res 323 1549 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-46 (Meeting 91-09 April 10 , 1991) REPORT April 4 , 1991 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes, Employee Relations Officer SUBJECT: Approval of Memorandum of Agreement With Local 715 Recommended Action: Adopt the accompanying Resolution of the Board of Directors Approving the Memorandum of Agreement with Local 715, Service Employees International Union, AFL-CIO/CLC. Discussion: The District entered into contract negotiations in February with Local 715, Service Employees International Union, AFL-CIO/CLC , the exclusive bargaining representative for the purpose of labor relations for the District ' s rangers, open space technicians , and equipment mechanic-operator. The District ' s initial Memorandum of Agreement with Local 715 expired on March 31 , 1991 . Local 715 ' s negotiating committee included B . W. (Rusty) Smith, Senior Field Representative for Local 715, open space technician W. Phillips , and rangers P. Congdon and T. Karnofel . The District ' s negotiating committee included Richard Bolanos of Whitmore , Kay & Stevens of Palo Alto, operations supervisor J. Escobar, land acquisition manager C . Britton, and employee relations officer J. Fiddes . Tentative agreement on the proposed Memorandum of Agreement that is being presented to you for approval was reached on March 28 , 1991 . The rangers and open space technicians subsequently ratified the proposed Memorandum of Agreement on April 1 , 1991 . The proposed Memorandum of Agreement (MOA) includes twenty-two articles and three appendixes , the latter of which includes one sideletter of agreement concerning establishment of a catastrophic leave program. The following sections highlight salient points of the proposed Memorandum of Agreement and sideletter, particularly items that differ from the initial contract or existing District policies and procedures . Article 2 - Union Recognition/Security District agrees to add "Lead Open Space Technician" to the bargaining unit if and when the classification is created by the District. Safety Committee language included. The bargaining unit shall choose the field staff representatives (one ranger from each field office and one open space technician) to the District Safety Committee. Article 5 - Overtime Bargaining unit members to be compensated at the rate of one-and-one-half the R-91-46 Page 2 member ' s regular hourly rate of pay for hours worked in excess of forty hours in the work period. Compensatory time off (CTO) can be requested in lieu of overtime pay. Up to 24 hours of extra hours (36 hours of CTO) can be accumulated. Once the cap is reached, bargaining unit members shall be paid for all overtime worked. Defines rest breaks and meal periods for rangers on call-out time away from their residences . Article 6 - Modified Duty Establishes a modified duty policy in cases of industrial or non-industrial injury or illness , including pregnancy. Final approval for limited or modified duty shall rest with the Employee Relations Officer and is based on the District ' s ability to provide work consistent with employee ' s medical limitations and length of time of the limitations . Duration of an assignment is subject to the needs of the District as determined by the Operations Supervisor and the Employee Relations Officer. Article 7 - Compensation and Benefits Compensation: Effective April 1 , 1991 , a 5-point increase for all classifications . Effective April 1 , 1992, a six-point increase for all classifications . Effective April 1 , 1991 , a $1 . 25 per hour night shift differential to be paid for each hour (regular or overtime) actually worked after 7 : 00 P.M. Benefits District agrees to add a Vision Care Plan for employees and dependents with monthly premiums to be fully paid by the District . Medical , dental , and life insurance benefits to be provided as in initial contract . Consistent with District previous practice, District to pay any medical rate increase amount above employee ' s current contribution level from July 1 , 1991 and 1992 through the 1991 and 1992 open enrollment period. Existing sections on promotional compensation, acting appointments , and full ranger disability coverage in the Personnel Policies and Procedures Manual incorporated into contract. Timing for acting appointment pay modified to more than five consecutive working days . After five-day threshold, acting pay retroactive to first day of assignment. Article 8 - Evaluations and Merit Pay Merit performance evaluation system modified to provide a five-point Merit increase if an employee has a meets standard evaluation. For rangers, no more than 4 areas of performance can be rated below standard. For open space technicians and equipment mechanic-operator, no more than 3 areas of performance can be rated below standard. Below standard ratings in the same areas of performance that are consecutive may result in an employee being placed on a more frequent evaluation schedule to address and improve the employee ' s below standard performance in the rating area (s) . R-91-46 Page 3 Article 9 - Uniform Allowance Effective April 1 , 1991. , the annual allowance for replacing worn-out uniform items shall be $175 for rangers and $160 for open space technicians and equipment mechanic-operator. Effective April 1 , 1992, the annual allowance for replacing worn-out uniform items shall be $200 for rangers and $185 for open space technicians and equipment mechanic-operator. A joint Uniform Committee to be established. The role of the committee is to make uniform-related recommendations to the Operations Supervisor. Article 10 - Vacation Vacation accrual rates will change for new employees in April 1992 . Employees hired on or after April 1. , 1992 in the covered classifications shall accrue vacation as follows : Years of Service Days 1 - 2 10 3 - 4 12 5 - 9 15 10+ 20 Procedure for requesting and receiving approval for vacations defined in MOA. Article 11 - Holidays and Personal Leave Effective April 1 , 1992, full time bargaining unit members shall receive an additional four hours of personal leave for use before January 31 , 1993 . On January 1 , 1993 and each January 1 thereafter, unit members will receive 16 hours of personal leave for use before January 31 of the following year. Bargaining unit members have until January 31 of the year following the year in which personal leave hours become available to use them. An employee working on a scheduled holiday can elect to receive 1) one and one-half times the regular rate of pay plus a replacement holiday within the following two weeks , provided the supervisor and the worker can reach mutual agreement on the replacement day; 2) one and one-half times his or her normal pay plus the corresponding number of hours added to the holiday bank; or 3) two and one-half times his or her normal pay. When a holiday falls on a unit member' s day off , he/she shall receive the corresponding number of hours added to the holiday bank. Provisions for how holiday bank to be administered included in article. Any time remaining in the holiday bank on December 31 of any year shall be paid to the employee in cash at the current rate of pay. R-91-46 Page 4 Article 12 - Leaves With Pay Up to six days of sick leave may be used per year to care for anyone living in the employee ' s house who is related to the employee by birth or marriage. Tf an employee is ill on vacation, procedure outlined to petition Personnel Officer to be paid for sick leave in lieu of vacation. Accrued sick leave can be integrated with State Disability Tnsurance (SDT) or Worker ' s Compensation benefits in amounts necessary to equal (but not exceed) a full paycheck. A leave of absence with pay not to exceed three consecutive working days will be granted a bargaining unit member in the event of the death of a member of his or her immediate family. For purposes of bereavement leave, "immediate family" shall mean the mother, father, grandmother, son or daughter of the bargaining unit member or the spouse of the bargaining unit member, and the spouse, son-in-law, daughter-in-law, brother, sister, grandchild, brother-in- law or sister-in-law of the bargaining unit member, or any relative living in the immediate household of the bargaining unit member. Article 13 - Leaves Without Pay General Manager approving authority for leaves without pay (disability, maternity disability, and general leave) . Disability and maternity disability leaves of absence without pay may be granted for up to six months . District shall continue to provide and pay premiums for health, dental , life insurance, and other insurance benefits to the same extent provided other regular employees up to three months after commencement of leave without pay. Employees requesting general leave responsible for paying full cost of premiums . An employee of either gender may request parental leave for purpose of caring for his/her children (either natural or adoptive) . Article 14 - Tuition Reimbursement District agrees to establish a yearly fund of $1000 for tuition reimbursement for the bargaining unit. The maximum reimbursement per year per unit member is $300 . Application for reimbursement must be approved in advance of taking a course . Administrative Services Manager shall approve courses for which an employee may receive a reimbursement. Tuition reimbursement application form revised. Article 15 - Grievance Procedure Timelines extended for processing a grievance from 10 to 15 days and clarifies what will happen if timelines are not met . General Manager shall convene a hearing for the purpose of reviewing evidence surrounding the issue of a grievance if employee elects to submit an appeal. directly to General Manager in latter step of grievance procedure. Article 16 - Layoffs Tf District determines a layoff is necessary within the bargaining unit , it shall give the Union at least 30 days notice. Seniority and order of layoff defined, as well as alternatives to layoff . An affected bargaining unit member may bump the least senior employee in a lower classification previously held provided the affected employee is otherwise qualified to fill the lower classification. R-91-46 Page 5 Article 17 - Disciplinary Procedure Failure to meet District ' s fitness standards removed from list of items that could be grounds for disciplinary action. Fitness standards remain an appropriate element of an employee ' s performance evaluation. Provides for notice of investigation and states that within 15 working days of a supervisor ' s knowledge of an incident involving an employee (or the most recent in a series of incidents) that may result in disciplinary action, the employee (s) shall be notified in writing that the matter is under investigation. Article 20 - Effect of Agreement Wording added stating that if there is a conflict, the specific provisions in the MOA shall prevail over District rules, regulations , policies , and procedures . In the absence of specific provisions in the MOA, District rules , regulations, policies , and procedures shall remain in full force and effect . Article 22 - Term of Agreement: April 1 , 1991 through March 31 , 1993. Catastrophic Leave Program Sideletter of Agreement: District agrees to implement a catastrophic leave program, tailored after the County of San Mateo' s program, by July 1 , 1991 . The District ' s program may provide for a 3 to I ratio for contribution of paid leave time to sick leave time . The following articles are the same as in the initial Memorandum of Agreement : Article 1 Preamble Article 3 No Discrimination Article 4 District Rights Article 18 Probationary Period Article 19 No Strikes/Lockouts Article 21 Savings Clause RESOLUTION OF THE BOARD OF DIRECTORS OF THE MTDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT AND LOCAL 715, SERVICES EMPLOYEES INTERNATIONAL UNION, AFL-CTO/CLC WHEREAS, Local 715, Services Employees International Union, AFL-CIO/CLC is the exclusively recognized employee organization for the District ' s Open Space Technicians , Rangers , and Equipment Mechanic-Operator; and WHEREAS, pursuant to California Government Code 3500 et seq. , representatives of the District and Local 715 have completed negotiations for a Memorandum of Agreement for a term of April 1 , 1991 through March 31 , 1993; and WHEREAS , the District employees represented by Local 715 unanimously ratified the tentative Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsul-a Regional Open Space District does approve the Memorandum of Agreement between Local 715, Service Employees International Union AFL-CTO/CLC and the Midpeninsula Regional Open Space District , a copy of which is attached hereto and by reference made a part hereof . r TABLE OF CONTENTS ARTICLE 1 - PREAMB LE ARTICLE 2 - UNION RECOGNITION/SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 2.1 - Recognition 1 Section 2.2 - Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 2.3 - Notice Of Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2,4 - Official Representatives/Release Time 2 Section 2.5 - Union Notices And Activities . . . . . . . . . . . . . . . . . . 2 A. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . 2 B. Communication 2 C. Visit by Field Representative . . . . . . . . . . . . . . . . . . . . 3 Section 2.6 - Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2,7 - Safety Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 - NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 4 - DISTRICT RIGHTS 3 ARTICLE 5 - OVERTIME AND CALL-OUT TIME . . . . . . . . . . . . . . . . 4 Section 5.1 - Overtime 4 A. Work Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Overtime 4 C. Compensatory Time Off . . . . . . . . . . . . . . . . 4 Section 5.2 - Call-Out Time Meals and Breaks . . . . . . . . . . . . . 5 A. Rest Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Meal Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 6 - MODIFIED DUTY 5 ARTICLE 7: COMPENSATION AND BENEFITS 6 Section 7.1 - Compensation 6 Section 7.2 - Benefits . . 6 A. Medical Insurance 6 B. Dental Insurance 7 C. Vision Care 7 D. Basic Life Insurance 7 E. Optional Benefits 7 F. Part-Time Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 G. State Disability Insurance (SDI) . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.3 - Promotional Compensation . . . . . . . . . . . . . . . . . . 8 Section 7.4 - Acting Appointments 8 Section 7.5 - Added Ranger Disability Coverage 8 Section 7.6 - Night Shift Differential . . . . . . . . . , g i s ARTICLE 8 - EVALUATIONS AND MERIT PAY . . . . . . . . . . . . . . . . . . . . . . . 9 Section 8.1 - General Evaluation Procedures . . . . . . . . . . . . . . . . . . . . . . . 9 Section 8.2 - Schedule Of Evaluations . . . . . . . . . . . . . . . . . . . 9 A. Probationary Workers . . . . . . . . . . . . 9 B. Regular Workers . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.3 - Overall Ratings/Merit Increases . . . . . . . . . . . . 10 A. Meets Standard 10 B. Below Standard . . . . . . . . . . . . . . 10 Section 8.4 - Appeal Procedure 11 Section 8.5 - Remediation Process 11 ARTICLE 9 - UNIFORM ALLOWANCE . . . . . . . . . . . . . 12 Section 9.1 - New Hires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 9.2 - Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 9.3 - Eligibility/Prorating • . . . . ' ' . . 12 Section 9.4 - Full Allowance . . . . . . . . . . . . . . . . . . . . . . . . . ' 12 Section 9.5 - Direct Use and Responsibility . . . . . . . . . 12 Section 9.6 - Provided Items (No Cost) . . . . . . , , . , , 12 Section 9.7 - Boots, Coveralls, Raincoats, Rainpants 12 Section 9.8 - Boot Replacement 13 Section 9.9 - Uniform Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .• . . . . ' . . ' . ' . ' ' ' . . ARTICLE 10 - VACATION . . . . . . . . . . . . . 14 Section 10.1 - Accrual Rates . . . . . . . . . . ' . . . . . . ' ' Section 10.2 - Accrual Limits and Carry-Over ar ' ' . • • ' • . . • • 14 . . . . . . . . 14 Section 10.3 - Usage . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 14 A. Increments . . . . . . . . . . . . . . . 14 B. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 10.4 - Restrictions - Probation . . . . . . . . . 15 Section 10.5 - Cash-Out Upon Termination . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . 16 Section 11.1 - Holidays . . . . . . . . . . . . . . . . 16 A. Calendar 16 B. Eligibility 16 C. Observance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 D. Pro-rating 17 E. Holidays During Vacation 17 F. Holiday Falls On Day Off . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 G. Work On Holiday - Compensation 17 H. Holiday Bank 17 Section 11.2 - Personal Leave . . . . . . . . . . . . 18 A. Amount 18 B. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ii C. Notification and Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . 18 D. Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 E. No Carry-Over or Payoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 12.1 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 A. Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 B. Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 C. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 D. III on Holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 E. III on Vacation 20 F. Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 G. Physician Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 H. Exhaustion of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 I. No Payoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 J. Advance Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 K. Abuse of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 12.2 - Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 A. Length of Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 12.3 - Witness or Jury Duty Leave . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 12.4 - Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 13 - LEAVES WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 13.1 - Disability Leave . A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 B. Request/Verification 22 C. Use of Accrued Sick Leave - Vacation 22 D. Benefit Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 E. Physical Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Section 13.2 - Maternity Disability Leave 23 Section 13.3 - General Leave for Other Than Disability Leave or Maternity Disability Leave . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C. Benefit Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 D. Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 13.4 - Adjustment of Anniversary Date/Vacation Accrual/Seniority . . 24 ARTICLE 14 - TUITION REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.1 - Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.2 - Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 14.3 - Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 iii ARTICLE 15 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 15.1 - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 15.2 - Step I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 15.3 - Step 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 15.4 - Step III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 15.5 - Step IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 15.6 - General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 16 - LAYOFFS . . . 28 Section 16.1 - Seniori ty Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 16.2 - Consideration of Layoff - Notice to Union . . . . . . . . . . . . . . 28 Section 16.3 - Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 16.4 - Notice to Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 16.5 - Alternatives to Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 A. Claim - Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 B. Displacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C. Rate of Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 16.6 - Re-employment Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 16.7 - Rights Restored . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 17 - DISCIPLINARY PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 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 . . . . . . . . . . . . . . . . . . . . . . . . 30 A. Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 B. Oral Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 C. Written Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 D. Reprimand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 17.5 - Property Loss Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 A. Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 B. Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 C. Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 17.6 - Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 17.7 - Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 17.8 -'Notice of Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 17.9 - Notice Of Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 18 - PROBATIONARY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 18.1 - Length Of Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 A. Open Space Technicians and Equipment Mechanic-Operator. . . . . . . • • . • . . . . . . . . . . . . . . 33 B. Rangers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 18.2 - Leaves Of Absence/Extension Of Probation . . . . . . . . . . . . . 33 iv Section 18.3 - Rights On Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 18.4 - Vacation Time On Probation . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 18.5 - Rejection From Original Probation . . . . . . . . . . . . . . . . . . . . 34 Section 18.6 - Rejection From Promotional Probation . . . . . . . . . . . . . . . . . 34 Section 18.7 - Seniority And Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 18.8 - Evaluation Of Probationary Workers . . . . . . . . . . . . . . . . . . 34 ARTICLE 19 - NO STRIKES/LOCKOUTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 20 - EFFECT OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 21 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE 22 - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 APPENDIX A - DISTRICT SALARY RANGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 APPENDIX B - PROVIDED UNIFORM ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 APPENDIX C - CATASTROPHIC LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 v Agreement between SEIU Local 715 and Midpeninsula Regional Open Space District ARTICLE 1 - PREAMBLE This Memorandum of Agreement (hereinafter, "Agreement") is entered into by the Midpeninsula Regional Open Space District, a public agency, (hereinafter, "District") and Local 715, Service Employees International Union, AFL-CIO/CLC (herinafter, "Union"). This Memorandum of Agreement incorporates by this reference all appendices attached. ARTICLE 2 - UNION RECOGNITION/SECURITY Section 2.1 - Recognition Pursuant to Resolution #89-52, passed November 8, 1989, Midpeninsula Regional Open Space District recognizes Local 715 SEIU as exclusive bargaining representative for all employees in the classifications of Ranger, Open Space Technician and Equipment Mechanic-Operator. Section 2.2 - Union Security A. When a person is hired in any of the covered job classifications, the District shall notify that person that the Union is the recognized bargaining representative for the worker's representation unit and give the worker a current copy of the Agreement. B. Bargaining unit members employed by the District as of the ratification date of this Agreement shall be free to become a member of the Union or to refrain from becoming a member of the Union. Workers who voluntarily become Union members shall maintain their membership in the Union for the duration of this Agreement, provided, however,that workers may resign Union membership during the two-week period immediately following ratification of a successor agreement. Workers desiring to resign Union membership must notify the Union and the District by registered mail. C. The District shall deduct Union membership dues and any other mutually agreed upon payroll deductions from the biweekly pay of member workers. 1 The dues deduction must be authorized in writing by the worker on an authorization card acceptable to the District and the Union. The District shall remit the deducted dues and other fees to the Union as soon as possible after deduction. D. Upon request from the Union, but not more than once every six (6) months, the District shall supply the Union with a list of names, addresses, and classifications of all unit workers except those who file written notice with the District objecting to release of addresses, in which case information will be transmitted without address. Once a month, the District shall supply the Union with a list of representation unit new hires, terminations and retirements which occurred during the previous month. Section 2.3 - Notice Of Changes The Union shall be informed reasonably in advance in writing by the District before any proposed changes not covered by this Agreement are made in benefits, working conditions or other terms and conditions of employment which require the meet and confer or meet and consult process. Section 2.4 - Official Representatives/Release Time Up to three (3) Union representatives from the bargaining unit will receive reasonable amounts of release time from their duties, with no loss of pay or benefits, for purposes of collective bargaining, meeting and conferring or meeting and consulting. The Union shall notify the District of the three (3) official representatives from the unit. The parties agree, however, that specific alternates may be designated for particular functions or meetings. Section 2.5 - Union Notices And Activities A. Bulletin Boards The District agrees to provide bulletin board space for Union notices at both field offices (Skyline and Foothills). If the Union posts any material which the District deems inappropriate, the Union agrees to meet to discuss the challenged material within 48 hours (excluding holidays and weekends) of notice from the District. B. Communication The Union may distribute information and material to and receive information and material from workers through normal channels. For purposes of this Section, normal channels shall refer to the District's Pony system, facsimile machine and telephone. The Union agrees that it will utilize the Pony system as its primary communication method and will limit its use of the facsimile machine to the distribution of time- 2 sensitive material. C. Visit by Field Representative The Union Field Representative (paid staff) may have access to unit workers at either field office (Skyline and Foothills). The Field Representative shall be allowed reasonable contact with workers, provided such contact does not interfere with workers' work. Prearrangement for contact with unit members shall be made with the Operations Supervisor. Section 2.6 - Hold Harmless The Union agrees that it shall assume the defense of, indemnify and hold harmless the District and its officers, agents and employees from all suits, actions, damages or claims of every name and description, to which the District may be subjected or put by reason of application or enforcement of the provisions of this Section, excepting any liability arising out of the negligence or other fault of the District. Section 2.7 - Safety Committee The bargaining unit shall choose the field staff representatives to the District safety committee. The representatives shall be one Ranger from each field office and one Open Space Technician. The charge of the Safety Committee shall be to monitor safe work practices and review accidents, safety inspections, and safety training. The Safety Committee serves as an advisory committee to the District. ARTICLE 3 - NO DISCRIMINATION No District employee shall be discriminated against because of race, religion, creed, political affiliation, union activity, color, national origin, ancestry, sex, sexual preference, age or handicap. ARTICLE 4 - DISTRICT RIGHTS Except as expressly limited by this Agreement, and as thereafter amended or modified, it is understood and agreed by the Union 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 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. 3 0 40 ARTICLE 5 - OVERTIME AND CALL-OUT TIME Section 5.1 - Overtime A. Work Period Bargaining unit members shall be assigned to a shift of five (5) days per week, eight hours per day, on days and at such times as designated by the Operations Supervisor. The work period for bargaining unit members shall be regular and recurring, commencing at 12:00 a.m. on Monday and ending at 11:59 p.m. on Sunday. B. Overtime Overtime shall be defined as that time authorized and actually worked by an employee in excess of forty hours within the work period. Overtime work may be ordered or authorized by the Operations Supervisor or the bargaining unit member's immediate supervisor. Any hours in paid District status will count as "hours worked" for purposes of determining overtime. Bargaining unit members shall be compensated at the rate of one-and-one-half times the unit member's regular hourly rate of pay for hours worked in excess of forty hours in the work period. C. Compensatory Time Off Bargaining unit members 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 and used as follows: (1) If the unit member wants to take the CTO in the same 40-hour week in which the extra hours were worked, s/he will request the time off from his/her supervisor. Such CTO will be computed at a straight time rate. (2) If the unit member does not request and use the CTO in the same 40-hour week in which the extra hours are worked, the CTO will be accumulated for use or cashout at a later time. Such CTO shall be computed at a rate of one and one-half times the overtime hours worked. The request for CTO shall be made when the bargaining unit member submits his/her time card. Bargaining unit members may accumulate up to twenty-four hours of extra hours (36 hours of CTO). Once the cap is reached, bargaining unit members shall be paid for all overtime worked. Bargaining unit members 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 unit member's time card. 4 Section 5.2 - Call-Out Time Meals and Breaks Rangers on call-out time away from their residences are entitled to rest breaks and meal periods as follows: A. Rest Breaks After two consecutive hours the Ranger is entitled to a 1 0-minute paid rest break. B. Meal Period After four consecutive hours, the Ranger is entitled to a 30-minute meal period. The meal period may be paid or unpaid on the same basis as meal periods during the regular shift. ARTICLE 6 - MODIFIED DUTY In cases of industrial or non-industrial injury or illness, including pregnancy, a bargaining unit member, upon approval of the Employee Relations Officer and the bargaining unit member's treating physician, may elect to return to duty or continue duty with District- approved limited or modified duty assignments at the bargaining unit member's regular rate of pay. The bargaining unit member will remain at the bargaining unit member's regular rate of pay (Y-rating) during modified duty assignment for a period of six months at which time the rate of pay for the assignment will be subject to reevaluation. The six month period shall refer to time served in the assignment. Final approval for such limited or modified duty shall rest with the Employee Relations Officer and will be based on the District's ability to provide work consistent with the bargaining unit member's medical limitations and the length of time of the limitations. District bargaining unit members interested in modified duty must be willing to accept any limited duty schedule and/or work location within the District and will be subject to the availability of limited or modified duty assignments and bargaining unit member's qualifications. The District's physician may be consulted by the Employee Relations Officer in determining the bargaining unit member's work limitations. If there is disagreement between the bargaining unit member's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. The duration of the limited/modified duty assignment is subject to the needs of the District as determined by the Operations Supervisor and the Employee Relations Officer. The provisions of this section are not intended to create any permanent light/modified duty assignment. If there are more bargaining unit members who could accept modified duty than there are assignments, and the bargaining unit members are comparably qualified, preference will go to those injured on the job. 5 ARTICLE 7: COMPENSATION AND BENEFITS Section 7.1 - Compensation A. Effective April 1, 1991: The salary range for Rangers shall be from step number 211 to step number 236 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 198 to step number 223 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 221 to step number 246 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a five-point cost-of-living adjustment above current step effective April 1, 1991. B. Effective April 1, 1992: The salary range for Rangers shall be from step number 217 to step number 242 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 204 to step number 229 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 227 to step number 252 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a six-point cost-of-living adjustment above then-current step effective April 1, 1992. Section 7.2 - Benefits A. Medical Insurance The following medical plans are available to District employees: 1) Kaiser - "'S" coverage, 2) Takecare, and 3) Santa Clara County Employee Preferred 100 Plan as provided to the District as a sub-group of Santa Clara County. For the life of the contract, the District agrees to continue the policy of paying the full premium for the second-least expensive individual coverage of the three listed above and the full premium for the least expensive family coverage of the three listed above. 6 t If the premiums for the medical plan selected by the employee exceed the premiums for the provided medical insurance coverage listed above,the employee shall be responsible for paying the difference in the cost of the premiums through biweekly payroll deductions. The District shall pay any increased amount above current employee contribution levels from July 1, 1991 through the open enrollment period for 1991; and from July 1, 1992 through the open enrollment period for 1992. If an employee can prove that he or she is currently covered under a private or a spouse's medical plan, basically equivalent to that provided by the District, the employee is eligible to apply one-half of the base single medical insurance premium coverage amount to 1) optional benefit costs and premiums and/or 2) the District's deferred compensation program in his or her name. B. Dental Insurance The following dental plan is available to District employees: Delta Dental Plan as provided to the District as a sub-group of Santa Clara County. For the life of the Agreement, the District agrees to continue the policy of paying the full premium cost of the dental plan for employees and dependents. If an employee can prove that he or she is currently covered under a private or a spouse's dental plan, basically equivalent to that provided by the District, the employee is eligible to apply one-half of the base dental insurance premium coverage amount to 1) optional benefit costs and premiums and 2) the District's deferred compensation program in his or her name. C. Vision Care For the term of the Agreement, the District agrees to implement and maintain a Vision Care Plan for bargaining unit members and dependents as a sub-group of Santa Clara County. The District will pay the full premiums of the vision coverage. D. Basic Life Insurance For the life of the Agreement, the District agrees to continue the policy of paying the full premium cost for basic group life insurance coverage of ten thousand dollars ($10,000) as provided to the District as a sub-group of Santa Clara County. E. Optional Benefits The District shall offer the following optional benefits to employees: 1) Supplemental Group Life Insurance; 2) Accidental Death and Dismemberment Insurance; and 3) Long Term Disability Plan as provided to the District as a sub- group of Santa Clara County. 7 F. Part-Time Employees Medical, dental and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be administered on a pro-rata basis. G. State Disability Insurance (SDI) For the term of this Agreement, the District agrees to continue payroll deduction of State Disability Insurance premiums for all bargaining unit members. 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 equivalent to five points above the employee's present salary (limited to the top of the new salary range), whichever is greater. Section 7.4 - Acting Appointments A bargaining unit member assigned by the General Manager 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 points more than his or her 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 five consecutive working days. After the five working-day threshold, acting pay shall be retroactive to the first day a unit member is assigned the higher classification responsibilities. Section 7.5 - Added Ranger Disability Coverage If, during the performance of assigned duties, an on-duty District Ranger sustains an on- the-job injury either 1) due to the actions of human(s) or animal(s) while the Ranger is enforcing an ordinance, or 2) while actively participating in effecting a rescue, the District shall augment worker's compensation, long term disability, and other benefits in order to provide for full pay for the disabled Ranger up to a maximum of three months without use of the Ranger's accrued sick leave or vacation time. Where applicability of this policy necessitates administrative interpretation, the General Manager shall be the final deciding authority in accordance with administrative policies. Section 7.6 - Night Shift Differential Bargaining unit members shall receive a differential of $1.25 per hour for each hour actually worked past 7:00 p.m. on any shift. The $1.25 differential shall apply to overtime hours the same as straight time hours. 8 ARTICLE 8 - EVALUATIONS AND MERIT PAY Section 8.1 - General Evaluation Procedures A. For the term of this Agreement, the District agrees to use the evaluation form modified during 1991 negotiations when evaluating Rangers, Open Space Technicians and Equipment Mechanic-Operators, B, Evaluations will normally be done one-on-one, between the worker and his/her immediate supervisor. If the District wants a second supervisor or administrator to take part in a particular evaluation, the worker will have the right to Union representation during the evaluation. C. Workers who have concerns about their evaluation shall have the right to schedule a follow-up meeting, with Union representation, with the immediate supervisor to discuss those concerns. This meeting is informal and does not constitute an appeal. D. The parties agree that any individual rating an an area other than "Meets Standard" requires an entry under "Remarks." E. The parties agree that any individual rating of"Below Standard" on any area must be based on incidents about which the worker was warned at the time they occurred. The supervisor will make clear to the worker that a warning pursuant to this section is taking place. An interim evaluation may be utilized as a warning pursuant to this section. Section 8.2 - Schedule Of Evaluations A. Probationary Workers 1. 6-Month Probation Workers serving a six-month probation shall receive an interim evaluation from their supervisor after three months of employment and after five months of employment. Successful completion of probation will result in an automatic five-point increase in pay. 2. 9-Month Probation -Workers serving a nine-month probation shall receive an interim evaluation from their supervisor after three months of employment, after six months of employment and after eight months of employment, 9 An overall "Meets Standard" evaluation at six months will result in an automatic five-point increase in pay. If the overall rating at six months is "Below Standard," the five-point increase will occur upon successful completion of probation. B. Regular Workers 1. Regular workers will receive Interim Evaluations after twelve (12) months of service and every twelve (12) months thereafter. Interim evaluations are progress reports and do not result in merit pay increases. 2. Regular workers will receive Merit Evaluations after eighteen (18) months of service and every twelve (12) months thereafter (unless the evaluation date is adjusted pursuant to Section 8.5 herein) until they reach the top of their salary range. Merit evaluations result in merit pay increases as provided below. Section 8.3 - Overall Ratings/Merit Increases A. Meets Standard 1. Ranger No more than 4 areas of performance are rated Below Standard. A Meets Standard rating will result in an automatic five-point merit increase. 2. Open Space Technician;Equipment Mechanic-Operator No more than 3 areas of performance are rated Below Standard. A Meets Standard rating will result in an automatic five-point merit increase. B. Below Standard 1. Ranger More than 4 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). 2. Open Space Technician;Equipment Mechanic-Operator More than 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). C. Below Standard ratings in the same area(s) of performance that are consecutive (two in a row, both interim and merit considered) may result in a worker being placed on a more frequent evaluation schedule to address and improve the 10 worker's below standard performance in the rating area(s). Special evaluations under this subsection shall not exceed one per month and will be limited to the performance area(s) rated below standard. Section 8.4 - Appeal Procedure In the event of an overall Below Standard evaluation (regular workers only), affected workers may appeal the rating using the following procedure. A. Appeals shall be in writing and shall be filed with the General Manager no later than ten (10) days after receipt of the evaluation. B. Appeals must be based on the charge that the supervisor abused his/her discretion. "Abuse of discretion" shall mean basing the evaluation on information that is not factual and/or exercising disparate treatment in the evaluation of different workers. C. Within thirty (30) days of receipt, a panel shall convene to consider the appeal. The panel shall consist of (1) a District representative; (2) the worker's representative; and (3) the General Manager or his/her designee. D. The decision of the panel is final. In the event the decision involves changing the overall rating to Meets Standard, the automatic f i v e-.Po i n t increase shall be effective (retroactive to) the worker'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 worker shall be in remediation. The purposes of remediation are: 1) to give the worker and the supervisor an opportunity to work together on correcting deficiencies identified in the evaluation; 2) to give the worker an opportunity to achieve a Meets Standard rating. A. The period of remediation shall be no longer than nine (9) months from the original evaluation date. B. Workers on remediation will be reevaluated three (3) months, six (6) months and nine (9) months (if necessary) following the original evaluation date. C. If any of the evaluations in "B" above result in a Meets Standard overall rating, the worker shall receive a'f ive-point merit increase effective the date of that evaluatio The worker's evaluation anniversary date (defined in Section 8.2 (B)(2) above) shall also be adjusted to the date of that evaluation. D. Failure to attain a Meets Standard overall rating within the nine-month (9) period may result in disciplinary action pursuant to Article 17. However, denial of the 11 merit pay adjustment under this article shall not extend beyond the nine-month (9) remediation period. ARTICLE 9 - UNIFORM ALLOWANCE Section 9.1 - New Hires Newly-hired workers in the bargaining unit shall receive their initial uniform items from the District at no cost to the workers. For the list of provided items, see Appendix B. Section 9.2 - Amount Effective April 1, 1991, the annual allowance for replacing worn-out uniform items shall be $175 for Rangers and $160 for Open Space Technicians and Equipment Mechanic- Operators. Effective April 1, 1992, the annual allowance for replacing worn-out uniform items shall be $200 for Rangers and $185 for Open Space Technicians and Equipment Mechanic- Operators. Section 9.3 - Eligibility/Prorating Workers will become eligible to use the uniform allowance on their first anniversary date. With respect to the time between the first anniversary date and the next April 1, the allowance shall be prorated based on a full year's allowance. Section 9.4 - Full Allowance Workers shall have access to a full year's uniform allowance on April 1 following their first anniversary date and every April 1 thereafter. Section 9.5 - Direct Use and Responsibility Workers shall use the uniform allowance directly with vendors,without prior approval from supervisors. It shall be the workers' responsibility to monitor the use of their own allowance; any expenditures which exceed the allowance must be reimbursed to the District. Section 9.6 - 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 worker. Section 9.7 - Boots, Coveralls, Raincoats, Rainpants In addition to Section 9.6 above, the District agrees to provide boots, coveralls, and adequate rainpants and adequate raincoats to the workers. These items shall be replaced at the request of the worker on approval of the Supervising Ranger. 12 Section 9.8 - Boot Replacement As to replacement of boots, there shall be an option to rebuild rather than replace under the following conditions: A. 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 worker seeks to replace under this Article; and A single pair of boots may be rebuilt at the Supervisor's option only once. B. Workers may opt to rebuild the same pair of boots, without limitation, and pay for the repairs from the uniform allowance. This worker option shall be completely separate and independent from the District's obligation to replace the boots with a new pair. C. Rebuilding shall be done only by Wesco; minor repair, such as reattaching a heel may be done locally. Section 9.9 - Uniform Committee The parties agree to establish a joint Uniform Committee which shall be advisory to the District during the course of the Agreement.. Bargaining unit representation on the Committee shall be one Ranger and one Open Space Technician/Equipment Mechanic- Operator of the unit's choice. District representation shall be no more than two members of the Operations Supervisor's choice. The Uniform Committee shall meet quarterly or upon special request to the Operations Supervisor 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; ( ) discussing and evaluating modifications in the District's uniform policy. The role of the Committee is to make recommendations to the Operations Supervisor. The Union will receive copies of any such recommendations and, upon request, will be given the opportunity to meet and confer before the District acts upon them. 13 ARTICLE 10 - VACATION Section 10.1 - Accrual Rates A. Bargaining unit members employed before March 31, 1992 shall accrue full-paid vacation according to the following schedule: Years of Service Accrual per Hour Paid Days/Year (Full-Time)* 1 - 9 0.05769 hr. 15 10 + 0.07692 hr. 20 Bargaining unit members hired on or after April 1, 1992 shall accrue fully-paid vacation according to the following schedule: Years of Service Accrual per Hour Paid Days/Year (Full-Time)* 1 -2 0.03846 hr 10 3-4 0.04615 hr 12 5-9 0.05769 hr 15 10 + 0.07692 hr 20 *Days/year for part-time bargaining unit members'wi 11 be automatically pro-'rated to the same percentage time for as their ;hours per week bear to 40. B. Temporary (seasonal) workers 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 and Carry-Over Bargaining unit members may accrue up to two times 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 not be taken in increments of less than four hours, excluding integration of vacation hours with Worker's Compensation and/or State Disability Insurance, for full-time bargaining unit members or one-half time the length of a 14 r regular workday for part-time members. Bargaining unit members may request other exceptions to the four-hour increment on a case by case basis (e.g., to attend classes). B. Scheduling For vacations of a week or longer, members shall submit a vacation request during the month of January. To the extent there are conflicting vacation requests, approval of vacation will be made on the basis of seniority. For purposes of this rule, "conflicting vacation requests" shall pertain to conflicts within the same job classification and work station. For vacation requests submitted during the month of January, with which there are no conflicting requests, the vacation request shall be approved. Bargaining unit members may submit requests for vacations of a week or more after January 31, provided the request is submitted with 90 days advance notice. Said requests shall be reviewed on a first come-first served basis. If there are no "conflicting vacation requests", the request shall be approved. If unanticipated vacation needs arise during the course of the year, requests shall be submitted no later than the first Friday of the current work schedule. Such requests shall be approved with due consideration for the desires of the staff and for the work requirements of the work location. Emergency vacation requests, meaning requests that cannot be submitted within the timelines outlined above, will be considered on a case by case basis by the members supervisor. Section 10.4 - Restrictions - Probation Probationary bargaining unit members may not use accrued vacation time during their probationary period unless special permission is granted by the Operations Supervisor. 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. 15 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE Section 11.1 - Holidays 0 A. Calendar The calendar for the 11.5 paid holidays each year during the term of this agreement will be: 1991 1992 1993 New Year's Day - January 1 (W) January 1 (F) Martin Luther King _ a J nua Jr. Da Y January 2 a (M) January 18 (M) President's ent s Da _ v February. Y 17 (M ) February 15 (M) Memorial Day May 27 (M) May 25 (M) _ Independence Day July 4 (TH) July 3 (F)* _ Labor Day September 2 (M) September 7 (M) _ Columbus Day October 14 (M) October 12 (M) _ Veteran's n s Day November 11 (M) November 11 (W) _ Thanksgiving November 28 (TH) November 26 (TH) _ Day after November 29 (F) November 27 (F) Thanksgiving _ Last four hours of December 24, (TU) December 24 (TH) workday preceding - Christmas Day Christmas Day December 25 (W) December 25 (F) _ *see Section 11.1(c) below. 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. C. Observance For Monday through Friday workers, a holiday that falls on Saturday shall be observed on the preceding Friday and a holiday that falls on Sunday shall be observed on the following Monday. For unit members scheduled to work 16 Saturday and Sunday, holidays will be observed on the actual day they occur. D. Pro-rating Regular part-time employees are eligible for the same paid holidays on a pro-'rota 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 worker shall receive the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H)] G. Work On Holiday - Compensation A unit member who works on a scheduled holiday has three choices for compensation: 1) One and one-half times the regular rate of pay plus a replacement holiday within the following two weeks, provided the supervisor and the worker can reach mutual agreement on the replacement day. 2) One and one-half times his or her normal pay plus the corresponding number of hours added to the "Holiday Bank." [See Section 11.1(H).] 3) Two and one-half times his or her normal pay. H. Holiday Bank In the event of a holiday falling on a day off, or a unit member exercising option (2) after working a holiday, eight hours (or a pro-rated amount for part-time workers) will be added to the worker's "holiday bank" for use or cashout at a later date. (For full-time employees, the appropriate number of hours for the day before Christmas is four.) The "holiday bank" will be administered according to the following provisions. 1) Time from the holiday bank must be used in eight hour (i.e., full-day) increments; however, if the total balance remaining in the bank is less than eight hours, the employee shall be allowed to use the balance subject to #3 below. 2) Workers may use accumulated holiday time to cover portions of scheduled vacations. 17 3) Unit members who wish to schedule time off covered by the holiday bank during the course of the year shall submit requests no later than the first Friday of the current work schedule. 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" on December 31 of any year shall be paid to the employee in cash at the current rate of pay. 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. Section 11.2 - Personal Leave A. Amount Bargaining unit members shall have until January 31, 1992 to use the twelve hours of personal leave received on January 1, 1991. Effective January 1, 1992, full-time unit members shall receive twelve hours of personal leave for use before January 31, 1993. Effective April 1, 1992, full-time bargaining unit members shall receive an additional four hours of personal leave, also for use before January 31, 1993. On January 1, 1993 and each January I thereafter, unit members shall receive 16 hours of personal leave for use before January 31 of the following year. B. Pro-rating Regular part-time workers shall be eligible for a pro-rated number of hours of personal leave according to the average number of hours they work. A unit member hired during the course of the year will receive a pro-rated number of personal leave hours for the remainder of that year. If a worker terminates during the course of the year, having used more personal leave hours than the portion of the year worked, the worker will reimburse the District, for the difference. C. Notification and Scheduling With forty-eight hours advance notice and supervisor approval, a bargaining unit member may use personal leave at his/her discretion. In emergency situations, supervisors may approve use of Personal Leave with less than forty-eight hours' notice. 18 Except in emergency situations, workers do not need to give any reasons for use of personal leave. D. Increments Personal leave must be taken in one-hour minimum increments. E. No Carry-Over or Payoff Unit members have until January 31 of the year following the year in which hours become available (i.e., a total of 13 months) to use personal leave time. No hours from the previous year will be carried over beyond January 31 of the current year. The District will continue to encourage unit members to use their personal leave balance before the hours are lost. Unit members will not receive reimbursement for unused personal leave time upon termination. ARTICLE 12 - LEAVES OF ABSENCE WITH PAY Section 12.1 - Sick Leave A. Accrual All bargaining unit members shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of 12 days per year for full time bargaining unit members. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. The bargaining unit member's sick leave balance shall be recorded on his/her paycheck stub. B. Usage 1. Bargaining unit members are eligible to use sick leave for the following reasons: a) Personal illness or physical disability. b) Quarantine by a physician. c) Illness or disability of anyone living in the bargaining unit member's house who is related to the bargaining unit member by birth or marriage requiring the bargaining unit member to be unavailable for work, subject to Section 4 below. d) Worker's Compensation. e) Medical and dental appointments. 2. Sick leave for any of the reasons above shall be recorded on the bargaining unit member's time card and must be used in increments of one 19 hour except for medical and dental appointments. 3. For medical or dental appointments, no less than one hour of sick leave may be charged for a medical or dental appointment, and sick leave usage over one hour will be computed in tenths of an hour. 4. A bargaining unit member may use up to six days per year to care for anyone living in the bargaining unit member's house who is related to the bargaining unit member by birth or marriage requiring the bargaining unit member to be unavailable for work. C. Reporting Any bargaining unit member 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 his or her supervisor. In the event the bargaining unit member's supervisor is unavailable, the bargaining unit member will make every effort to contact responsible District personnel and advise of his or her absence. The absence shall be reported by the bargaining unit member by the designated starting time each day he/she 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. III on Holiday If a bargaining unit member is ill on a designated paid holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. E. Ill on Vacation A bargaining unit member who is injured or who becomes ill while on vacation may petition the Personnel Officer to be paid for sick leave in lieu of vacation provided that the bargaining unit member: 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 Bargaining unit members eligible for State Disability Insurance or Worker's 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, a bargaining unit member shall remain in paid status,with full benefits, and shall continue to accrue paid vacation and sick leave for the 20 number of paid District hours used for integration. G. Physician Statement A bargaining unit member absent on paid sick leave five days or more will be required to submit verification from a physician or licensed practitioner of his/her illness or injury and ability to return to work. H. Exhaustion of Sick Leave If a bargaining unit member exhausts his or 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 bargaining unit member has the option of using his/her accrued vacation leave during the remainder of the disability. Otherwise, the absence shall be unpaid and, if unpaid leave exceeds five working days, will be considered leave of absence without pay subject to Article 13. I. No Payoff Unused sick leave shall not be compensated for in any way in the event of resignation or dismissal from District employment. J. Advance Sick Leave Up to 10 days of sick leave may be advanced to a bargaining unit member by the General manager on a case-by-case basis. Upon termination, the bargaining unit member must reimburse the District for any advanced sick leave not covered by subsequent accrual. K. Abuse of Sick Leave Abuse of the sick leave privileges shall be cause for disciplinary action in accordance with Articles 15 and 17 of the Memorandum of Agreement. Section 12.2 - Bereavement Leave A. Length of Leave A leave of absence with pay not to exceed three consecutive working days will be granted a bargaining unit member in the event of the death of a member of his or her immediate family. The bargaining unit member may also use accrued sick leave for up to two days to supplement the three days of bereavement leave when travel to distant locations or other circumstances require the bargaining unit member's absence in excess of three days. B. Definition For purposes of bereavement leave, "Immediate family" shall mean the mother, father, grandmother, grandfather, son`;or daughter of the bargaining unit member or the spouse of the bargaining unit member, and the spouse, son-in- law, daughter-in-law, brother, sister, grandchild, brother-in-law, or .sister in-law of the bargaining unit member or any relative living in the immediate household of the bargaining unit member. 21 Section 12.3 - Witness or Jury Duty Leave A leave of absence will be granted a bargaining unit member subpoenaed as a witness or called for jury duty as long as any compensation the worker receives for such duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly scheduled worktime lost because of such duty shall not affect the bargaining unit member's accrual of vacation, sick, or personal holiday time. Section 12.4 - Military Leave A bargaining unit member who is a member of the National Guard or a reserve component of the Armed Forces of the United States shall be granted a temporary, short- term military leave with pay, up to one month in one fiscal year, when he or she receives bona fide orders to temporary active or training duty. Such leave, which shall be requested in writing from the Personnel Officer, shall be granted without loss of time, pay, or other leave and without impairment to merit ratings or other rights or benefits to which the bargaining unit member is entitled unless the bargaining unit member fails to return to his or her position at the District immediately following the expiration of the period for which he or she is ordered to duty or fails to reimburse the District for any compensation received from the United States Government for services rendered while on military leave from the District. ARTICLE 13 - LEAVES WITHOUT PAY Section 13.1 - Disability Leave A. Duration A regular bargaining unit member who has (a) exhausted sick leave and vacation balances or (b) has chosen not to use sick leave and vacation balances, and who is unable to return to work due to illness or injury, may be granted a leave of absence without pay for up to six months. Upon written request, such leave may be extended by the General Manager, on a month to month basis, up to an additional six months. B. Request/Verification A bargaining unit member requesting such a leave shall make the request in writing to the General Manager for approval and attach supporting statements from attending physician(s) regarding the physical disability. Such statements must indicate that the duration of the leave requested is necessary for recovery from the disability. C. Use of Accrued Sick Leave - Vacation 22 A bargaining unit member on disability leave may use accrued vacation and sick leave. During the period the disabled bargaining unit member uses accrued vacation and sick leave, vacation and sick leave benefits shall continue to accrue at the regular rate. D. Benefit Premiums The District shall continue to provide and pay the premiums for health, dental, life insurance, and other insurance benefits to the same extent provided other regular bargaining unit members up to three months after commencement of leave without pay. If the leave extends beyond three months, the bargaining unit member may elect to continue such benefit for the duration of the leave, and premiums for such extended coverage shall be paid by the bargaining unit member. Such extension(s) of coverage shall be subject to any restrictions in the applicable benefit policy or plan. E. Physical Exam A bargaining unit member on disability leave as described above may be subject to a complete medical examination by a District selected physician, paid for by the District, in order to ascertain whether or when the bargaining unit member is able to resume his or her work assignments. If there is disagreement between the bargaining unit member's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. Section 13.2 - Maternity Disability Leave In the event a regular District female bargaining unit member is unable to perform her assigned work duties for reasons attributable to pregnancy or because of her infant child's physical health, a leave of absence without pay may be granted for a period not to exceed six months. An extension on a month to month basis of up to an additional six months may be granted by the General Manager, upon written request, on a case by case basis. Disability leave sections (A), (13). (C) and (D) above shall also apply to a maternity disability leave. A bargaining unit member may continue to work during pregnancy as long as it is the judgment of her supervisor that she is able to perform the normal duties of her position in a satisfactory manner. The bargaining unit member's physician may be required to certify that performance- 'of her job duties is not endangering the health of the bargaining unit member or the fetus. In the case of a pregnant bargaining unit member, the District will investigate the possiblity of whether modified duty assignments can be made in order to allow the bargaining unit member to continue to work for a longer period of time during her pregnancy. 23 Section 13.3 - Gen eral Leave for Other Than Disability Leave or Maternity Disability Leave A. Duration A regular bargaining unit member with at least one year's service may request a leave of absence without pay or fringe benefits for up to six months. B. Request Request for such leave shall be directed in writing to the General Manager for approval and shall contain justification for the leave. C. Benefit Premiums The bargaining unit member may elect to continue any or all insurance coverage during a general leave by paying the full costs of the premiums. D. Parental Leave A bargaining unit member of either gender may request general leave for purposes of caring for his/her children (either natural or adoptive). Section 13.4 - Adjustment of Anniversary DateNacation Accrual/Seniority If a bargaining unit member is on leave of absence without pay in excess of two complete pay periods, his/her anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the numer of Jays included in the period of leave without pay. The bargaining unit member's seniority shall also be adjusted to reflect the number of days on leave without pay. 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 worker for promotion and/or future job assignments within the District. Bargaining unit members must attend classes on their own time. Section 14.2 - Approval Bargaining unit members 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 Administrative Services Manager. Application for reimbursement must be approved in advance of taking the course. Approval of courses for which a bargaining unit member may receive reimbursement shall be made by the Administrative Services Manager. 24 To the extent an otherwise approved course conflicts with the bargaining unit member's work schedule, the bargaining unit member's immediate supervisor may consider adjustments to the bargaining unit member's work schedule and/or use of paid leave time to resolve the conflict. Section 14.3 - Reimbursement Bargaining unit members will receive reimbursement for books and tuition for approved courses, passed with a grade of "C" or "credit". The maximum reimbursement per year per bargaining unit member is $300. Any expenses besides books and tuition shall be evaluated and reimbursement approved on an individual basis by the Administrative Services Manager. The District agrees to establish a yearly fund of $1000 for the bargaining unit. 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 this Memorandum of Agreement (MOA) or the District's Personnel Rules. 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 is "employee counseling", "oral warning" and "written warning" as defined in the Discipline Section of the MOA (Article 17). C. A "grievance" is any unit member, group of members, or the Union adversely affected by an alleged violation of the specific provisions of the MOA or the District's Personnel Rules. D. For purposes of this Section, a working day is any .day that District offices are open for business. Section 15.2 - Step I A. A grievant shall present the grievance orally to the grievant's immediate supervisor within fifteen (115) working days after the grievant knew, or reasonably should have known, of the event or events on which the grievance is based. The immediate supervisor shall conduct whatever investigation is necessary to obtain the facts pertaining to the grievance. Within fifteen (115) working days after receiving notice of the grievance, the immediate supervisor shall give the grievant a reply. 25 B. If the grievant is not satisfied with the reply of his/her immediate supervisor, the grievant may appeal the grievance to Step II. C. In the case of a disciplinary grievance,the affected employee may proceed directly to Step IV after imposition of the challenged disciplinary action. Section 15.3 - Step 11 A. If the grievant desires to appeal the grievance to Step 11, the grievance shall be reduced to writing and presented to the Operations Supervisor 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 the MOA and/or Personnel Rules 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 Union staff representative. C. At the request of either side a meeting will be held between the Operations Supervisor, the grievant and the appropriate Union representative to attempt to resolve the grievance informally. In any event,the Operations Supervisor shall give a written decision to the grievant within fifteen (15) working days following receipt of the written appeal to Step 11, with a copy to the Union office. D. If the grievant is not satisfied with the decision, the grievant may appeal the grievance to Step 111. i Section 15.4 - Step iII I A. If the grievant desires to appeal the grievance to Step III, the grievant/Union shall notice the appeal on the original grievance form and present the grievance to the Land Manager and a copy to the Personnel Officer within fifteen (15) working days following receipt of the written decision at Step I1, B. in evaluating the appeal at Step 111, at the request of either side, a conference shall be held between the Land Manger, in consultation with the Personnel Officer, and the grievant and his/her representative in an attempt to resolve the matter informally. With forty-eight (48) hours notice to the District,the Field Represenative may join the grievant and the steward in the Step III conference. In any event, the Land Manager shall issue a written decision on the grievance within fifteen (15) working days of receipt of the appeal with a copy to the Union office. C. If the grievant is not satisfied with the decision at Step III, the grievant may appeal to Step IV. 26 Section 15.5 - Step IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step If and Step III responses, to the General Manager with a copy to the Personnel Officer, within fifteen (15) working days of receipt of the Step III response. In lieu of submitting the appeal directly to the General Manager, the grievant may submit the appeal to advisory arbitration pursuant to "B", "C" and "Q" below. In the event the grievant elects to have his/her appeal heard initially by the General Manager without resort to advisory arbitration, the appeal shall be submitted in writing to the General Manager, with copies of the Step II and Step III responses. Within fifteen (15) working days of receipt of the appeal, the General Manager shall convene a hearing for the purpose of reviewing the evidence surrounding the issue of the grievance. The General Manager shall issue a final written decision within fifteen (15) working days of the hearing. A copy of the decision will be sent to the Union office. B. In the event the grievant elects to submit an appeal to advisory arbitration, he/she shall submit written notice of said election within fifteen (15) working days of receipt of the Step III response. Thereafter, the parties shall jointly request the State of California Mediation and Conciliation Service to provide a list of seven (7) persons qualified to act as arbitrators. Absent the parties reaching a stipulation as to an arbitrator, the parties shall meet as soon as practical to select the arbitrator, The right to strike the first name shall be determined by lot and the parties shall alternatively strike one name from the list until only one name remains, and that person shall serve as the arbitrator. C. The arbitrator shall hold a hearing on the issue submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the arbitration proceedings shall be governed by California Code of Civil Procedure Section 1280 et seq. The arbitrator's decision ,j shall be advisory to the General Manager, who may accept, reject or modify the arbitrator's decision based upon a review of the record as a whole. The decision i of the General Manager shall be final and binding. The parties understand that judicial review of the General Manager's decision is available under California Code I of Civil Procedure Section 1094.5. 0. The parties-agree that any and all costs associated with advisory arbitration, including but not limited to such items as court reporters, transcripts and the arbitrator's fee shall be divided equally between the parties. Each party shall bear their own cost of representation. Section 15.6 - General Provisions i A. With respect to Steps 11 through IV of the grievance procedure, the time for filing, 27 responding to and appealing grievances to subsequent steps shall be fifteen (15) working days from the date on the grievance, response, or appeal document. All timelines in this article (including Step 1) may be waived by mutual agreement in writing. If the grievant/Union fails to file a grievance or move a grievance to the next step within the proper time limits (absent agreement to waive), 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/Union may move the grievance to the next step. B. Union representatives may be granted time off from duty to process grievances provided that forty-eight (48) hours advance notice is provided to the Operations Supervisor. No more than one Union representative shall be allowed release time to process a grievance. The number of District employees at grievance hearings shall be limited to the grievant and one Union representative. 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. Section 16.2 - Consideration of Layoff - Notice to Union When the District determines that a layoff is necessary within the bargaining unit, it shall give the Union at least thirty (30) days notice. Such notice shall describe the classifications affected and the circumstances requiring the layoff. Upon request, the Union shall be afforded the opportunity to meet with the District to discuss the impact of layoffs on bargaining unit members. Section M3 - Order of Layoff When one (1) or more workers performing in the same classification are to be laid off, the order of layoff shall be as follows: a) Seasonal workers b) Probationary workers in inverse order of seniority. c) Regular workers 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 Union shall receive concurrent notice. The procedures of Section 16.5 shall be applied prior to the effective date of the layoff. 28 ► Section 16.5 - Alternatives to Layoff A. Claim vacancies Any affected unit member may claim a vacancy in a classification formerly held. If such classification is below the one currently held, the worker will have re- employment rights (Section 16.6) to the original classification. B. Displacement An affected unit member may bump the least senior worker in a lower classification previously held provided the affected worker is otherwise qualified to fill the lower classification. Seniority in the lower classification will be time spent in that classification plus any higher classification. Workers 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. (Example: A Ranger at step 215 bumps back into the Open Space Technician classification. Since step 215 is within the range for OST, the rate of pay will remain at 215). 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. (Example: A Ranger at step 225 bumps back into the Open Space Technician classification. Since step 225 is beyond the range for OST, the rate of pay will be step 218, the top of the OST range.) 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. Workers 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, workers will be recalled from the appropriate re-employment list(s) in seniority order. Section 16.7 - Rights Restored Upon re-employment of a unit member from a re-employment list, all rights acquired prior to his/her 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: 29 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 workers 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. Section 17.3 - Grounds For Discipline Grounds for disciplinary action shall include, but not be limited to: A Abandonment of position; B. Absence from duty without approval; C. Abuse of leave privileges; D. Below-standard work performance; E. Discourteous or abusive treatment of the public or other employees; F. Drunkenness or use of narcotics or habit-forming drugs or being under their influence during working hours; G. Fraud or misrepresentation in securing appointment or promotion; H. Insubordination; I. Misuse of District property, funds, or records; J. Neglect of duty; K. Willful deceit; L. Failure to adhere to or comply with approved operational or safety guidelines. M. Failure to keep required work hours; and N. Any conviction by a court which would be incompatible with the work performed for the District by the affected employee. Section 17.4 - Warning Types Of Discipline Where appropriate, the District will use the following types of discipline before imposing suspension, demotion or dismissal. A. Counseling Disciplinary Counseling is any discussion with an employee designed to help the employee remedy identified problem(s) in skills, abilities, or work performance. Whenever possible, counseling should be used prior to taking a more formal action. B. 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 30 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. The employee shall receive a copy of the warning at the time the note is prepared. The note 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 evaluation for the year in which the incident occurred. C. 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 should be used in conjunction with a Plan for Individual Improvement proposed by the employee's supervisor and approved by the Section and Program Leader, as appropriate. A copy of the written warning and Plan for Individual Improvement will be placed in the worker's personnel record and a copy given to the worker. The worker may prepare a written rebuttal which will be attached to the written warning in the personnel file. A written warning will be removed from the personnel record after twelve (12) months or after the next regular evaluation, whichever comes first. D. Reprimand A reprimand will be given by the Operations Supervisor 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. The employee shall receive a copy of the reprimand at the time it is prepared. The affected employee shall have thirty (30) calendar days within which to submit an oral or written response to the reprimand. If one is submitted, the employee's written response shall be attached to the reprimand before the reprimand is placed into the employee's personnel file. The employee's oral response shall be directed to the Operations Supervisor. 1 Employees will have the right to Union representation when responding to reprimands. 2. A reprimand will be removed from the personnel record after twelve (12) months or after the next annual evaluation, whichever comes first. Section 17.5 - Property Loss Discipline The District may take more formal disciplinary action for cause in the form of suspension, 31 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 be used when all other positive means have been tried without success and the Section and/or Program Leader, where appropriate, 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 General Manager, subject to recommendation from the Operations Supervisor and/or the Program Leader. Suspensions shall not exceed thirty (30) calendar days. B. Demotion A demotion may be issued for a period not to exceed six (6) months. At the end of the demotion period, the employee will be reinstated to his or her original level or discharged, subject to Section 17.7 below. C. Discharge A discharge is the termination of the employee from the employment of the District. Section 17.6 - Authority The final decision to suspend, demote or discharge shall be made by the Land Manager, subject to approval of the General Manager. It is understood that the decision to suspend, demote or discharge is subject to the appeal procedure set forth in Article 15. Section 17.7 - Appeal The decision to reprimand, suspend, demote or discharge may be appealed by the affected employee only through the established grievance procedure. Lesser forms of discipline are not subject to appeal. Section 17.8 - Notice of Investigation Within fifteen (15) working days of a supervisor's knowledge of an incident involving a bargaining unit member (or the most recent in a series of incidents) that may result in disciplinary action, the affected bargaining unit member(s) shall be notified in writing that the matter is under investigation. Final determination on the imposition of disciplinary action shall be made within a reasonable period of time. Section 17.9 - Notice Of Discipline Written notice of suspension, demotion or discharge must be served on the worker in person or by certified mail prior to the disciplinary action becoming effective. A copy of the notice shall be sent to the Union. The notice shall include: 32 A. Statement of the nature of the disciplinary action. B. Effective date of the action. C. Statement of the cause thereof. D. Statement in ordinary and concise language of the acts or omissions upon which the causes are based. E. A statement of the worker's right to respond, either orally at a meeting requested by the worker, or in writing. The worker 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. F. A statement advising the worker of the right to appeal through the grievance procedure and the right to Union representation. ARTICLE 18 - PROBATIONARY PERIOD Section 18.1 - Length Of Probation A. Open Space Technicians and Equipment Mechanic-Operator All appointees to the regular position of Open Space Technician and Equipment Mechanic-Operator hired after the effective date of this Agreement shall complete a standard probationary period of at least six (6) consecutive months. B. Rangers Appointees to the regular position of Ranger hired after the effective date of this Agreement shall complete a standard probationary period of at least nine (9) consecutive months. District employees promoted from the classification of Open Space Technician to Ranger who have satisfactorily passed the probationary period for the position of Open Space Technician shall be required to complete a six (6) month promotional probationary period for the position of Ranger. Section 18.2 - Leaves Of Absence/Extension Of Probation In the event a probationary employee misses more than four (4) consecutive weeks due to injury or illness, the District may extend the probationary period by an amount not to exceed the period of time missed due to the injury or illness. In the event the probationary employee's absence due to injury or illness 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. Section 18.3 - Rights On Probation Except as restricted by this section, probationary employees enjoy all the rights and privileges of this Agreement. 33 Section 18.4 - Vacation Time On Probation During the probationary period, a new employee shall accrue vacation time but shall not be entitled to use accrued vacation time unless the employee's program leader grants special permission. A promoted employee can use accrued vacation time during his or her probationary period. Section 18.5 - 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 or discipline appeal procedure of this Agreement. The probationary employee shall be given a written review of all issues and reasons which have led to the employee's rejection before such rejection has been finalized. Upon request, a probationary employee will be entitled to a meeting with the General Manager before the rejection becomes effective. Employees shall have the right to Union representation at such meetings. 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 his/her initial probationary period, and the extension shall not exceed three (3) months. Section 18.6 - 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 he or she was 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 seniority accrued in that and any higher classification(s). Section 18.7 - Seniority And Probation A newly hired probationary employee will have no class seniority status prior to completion of his or her probationary period. Section 18.8 - Evaluation Of Probationary Workers Employees serving a six (6) month probationary period shall receive an interim performance evaluation after three (3) months of service. Employees serving a nine (9) month probationary period shall receive interim performance evaluations after three (3) and six (6) months of service. ARTICLE 19 - NO STRIKES/LOCKOUTS During the term of this Agreement, the District agrees that it will not lock out workers and 34 the Union agrees that its representatives and members shall not engage in or cause, instigate, encourage, sanction or condone a strike, withholding of services, work slowdown or work stoppage of any kind. The District recognizes workers' rights to honor picket lines in the event of a strike sanctioned by the Central Labor Council of either Santa Clara or San Mateo Counties. This right will not pertain to park areas within the District covered by Mutual Assistance Agreements with other agencies. ARTICLE 20 - EFFECT OF AGREEMENT To the extent, there is a conflict, it is understood and agreed that the specific provisions contained in this Agreement shall prevail over District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this Agreement, such rules, regulations, policies and procedures shall remain in full force and effect. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, the parties agree that neither the Union nor the District shall be obligated to reopen or renegotiate any of the provisions of this Agreement. ARTICLE 21 - SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall remain in effect and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision. ARTICLE 22 - TERM OF AGREEMENT This Agreement shall be effective the first (1st) day of April 1991, and shall remain in effect until the thirty-first (31 st) day of March, 1993. The Agreement shall be automatically renewed from year to year thereafter, unless either party serves the other party written notice of intention to terminate or modify said Agreement no more than one hundred and twenty (120) but no less than ninety (90) days prior to the expiration of the term or any extended term of the Agreement. 35 SIGNATURE PAGE For Midpeninsula Regional For Local 715, SEW Open Space Distict Richard C. Bolanos B.W. (Rusty) Smith Chief Negotiator Chief Negotiator Ratified by District: Ratified by Unit: April 10, 1991 April 1 , 1991 Date: 36 186.0 - 241.0 APPENDIX A - DISTRICT SALARY RANGES SALARY HOURLY BIWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 186.0 10.361 828.880 1,795.970 21,551.640 186.5 10.413 833.040 1,804.967 21,659.614 187.0 10.465 837.200 1,813.929 21,767.156 187.5 10.517 841-360 1,823.017 21,876.210 188.0 10.570 845.600 1,832.069 21,984.828 188.5 10.623 849.840 1,841.247 22,094.973 189.0 10.675 854.000 1,850.389 22,204.676 189.5 10.729 858.320 1,859.660 22,315.922 190.0 10.782 862.560 1,868.893 22,426.723 190.5 10.836 866.880 1,878.256 22,539.082 191.0 10.890 871.200 1,887.582 22,650.990 191.5 10.944 875.520 1,897.039 22,764.472 192.0 10.999 879.920 1,906.458 22,877.500 192.5 11.054 884.320 1,916.009 22,992.116 193.0 11.109 888.720 1,925.522 23,106.275 193.5 11.164 893.120 1,935.169 23,222.038 194.0 11.220 897.600 1,944.778 23,337.338 194.5 11.276 902.080 1,954.521 23,454.258 195.0 11.332 906.560 1,964.225 23,570.711 195.5 11.389 911.120 1,974.066 23,688.800 196.0 11.445 915.600 1,983.868 23,806.418 196.5 11.503 920.240 1,993.807 23,925.688 197.0 11.560 924-800 2,003.706 24,044.482 197.5 11.618 929.440 2,013.745 24,164.946 198.0 11.675 934.000 2,023.743 24,284.927 198.5 11.734 938.720 2,033.882 24,406.595 199.0 11.792 943.360 2,043.981 24,527.776 199.5 11.851 948.080 2,054.221 24,650.660 200.0 11.910 952.800 2,064.421 24,773.054 200.5 11.970 957.600 2,074.763 24,897.167 201.0 12.029 962.320 2,085.065 25,020.785 201.5 12.089 967.120 2,095.511 25,146.140 202.0 12.150 972.000 2,105.916 25,270.993 202.5 12.210 976.800 2,116.466 25,397.601 203.0 12.271 981.680 2,126.975 25,523.703 203.5 12.332 986.560 2,137.631 25,651.577 37 Appendix A continued SALARY HOURLY BIWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 204.0 12.394 991.520 2,148.245 25,778.940 204.5 12.456 996.480 2,159.007 25,908.093 205.0 12-518 1,001.440 2,169.727 26,036.729 205.5 12.580 1,006.400 2,180.597 26,167.174 206.0 12.643 1,011.440 2,191.424 26,297.096 206.5 12.706 1,016.480 2,202.403 26,428.844 207.0 12.769 1,021.520 2,213.338 26,560.067 207.5 12.833 1,026.640 2,224.427 26,693.133 208.0 12-897 1,031.760 2,235.472 26,825-668 208.5 12.962 1,036.960 2,246.672 26,960.064 209.0 13.026 1,042.080 2,257.827 27,093.925 209.5 13.091 1,047.280 2,269.138 27,229.665 210.0 13.156 1,052.480 2,280.405 27,364.864 210.5 13.222 1,057.760 2,291.830 27,501.962 211.0 13.288 1,063.040 2,303.209 27,638.513 211.5 13,354 1,068.320 2,314.748 27,776.983 212.0 13.421 1,073.680 2,326.241 27,914.898 212.5 13.488 1,079.040 2,337.896 28,054.753 213.0 13.555 1,084.400 2,349.503 28,194.047 213.5 13.623 1,089.840 2,361.274 28,335.299 214.0 13.690 1,095.200 2,372.998 28,475.987 214.5 13.759 1,100.720 2,384.887 28,618.652 215.0 13.827 1,106.160 2,396.728 28,760.747 215.5 13.897 1,111.760 2,408.736 28,904.839 216.0 13.966 1,117.280 2,420.969 29,048.354 216.5 14.036 1,122.880 2,432.823 29,193.886 217.0 14.105 1,128.400 2,444.903 29,338.838 217.5 14.176 1,134.080 2,457.152 29,485.826 218.0 14.246 1,139.680 2,469.352 29,632.226 218.5 14.318 1,145.440 2,481.723 29,780.684 219.0 14-389 1,151.120 2,494.045 29,928.548 219.5 14.461 1,156.880 2,506-540 30,078.489 220.0 14.533 1,162.640 2,518.986 30,227.833 220.5 14.605 1,168.400 2,531.606 30,379.275 221.0 14.678 1,174.240 2,544.175 30,530.111 221.5 14.751 1,180.080 2,556.922 30,683.067 222.0 14.825 1,186.000 2,569.617 30,835.412 22-2.5 14.899 1,191.920 2,582.491 30,989.897 38 Appendix A continued SALARY HOURLY BIWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 223.0 14.973 1,197.840 2,595.313 31,143.766 223.5 15.048 1,203.840 2,608.316 31,299.797 224.0 15.123 1,209.840 2,621.267 31,455.204 224.5 15.198 1,215.840 2,634.399 31,612.795 225.0 15.274 1,221.920 2,647.479 31,769.756 225.5 15.350 1,228.000 2,660.743 31,928.923 226.0 15.427 1,234.160 2,673.954 32,087.454 226.5 15.504 1,240.320 2,687.351 32,248.232 227.0 15.581 1,246.480 2,700.694 32,408.329 227.5 15.659 1,252.720 2,714.224 32,570.695 228.0 15.737 1,258.960 2,727.701 32,732.412 228.5 15.816 1,265.280 2,741.366 32,896.402 229.0 15.894 1,271.520 2,754.978 33,059.736 229.5 15.974 1,277.920 2,768.780 33,225.366 230.0 16.053 1,284.240 2,782.527 33,390.333 230.5 16.133 1,290.640 2,796.468 33,557.619 231.0 16.214 1,297.120 2,810.353 33,724.236 231.5 16.295 1,303.600 2,824.432 33,893.195 232.0 16.376 1,310-080 2,838.456 34,061.478 232.5 16.458 1,316-640 2,852.677 34,232.127 233.0 16-539 1,323.120 2,866.841 34,402.093 233.5 16.622 1,329.760 2,881.203 34,574.447 234.0 16.705 1,336.400 2,895.509 34,746.114 234.5 16.789 1,343.120 2,910.016 34,920.192 235.0 16.872 1,349.760 2,924.464 35,093.575 235.5 16.956 1,356.480 2,939.116 35,269.395 236.0 17.041 1,363.280 2,953.709 35,444.511 236.5 17.126 1,370.080 2,968.507 35,622.089 237.0 17.211 1,376.880 2,983.246 35,798.956 237.5 17.297 1,383.760 2,998.192 35,978.309 238.0 17.383 1,390.640 3,013.078 36,156.946 238.5 17.470 1,397.600 3,028.174 36,338.093 239.0 17.557 1,404-560 3,043.209 36,518.515 239.5 17.645 1,411.600 3,058.456 36,701.474 240.0 17.733 1,418.640 3,073.641 36,883.700 240.5 17.821 1,425.680 3,089.040 37,068.488 241.0 17.910 1,432.800 3,104.378 37,252.537 39 APPENDIX B - PROVIDED UNIFORM ITEMS 1. OST and Equipment Mechanic-Operator a 3long sleeve shirts b) 3 short sleeve shirts c) 1 cordovan basketweave belt d) 3 pairs brown 50/50 twill pants e) 1 pair hiking shorts f} 2 pair socks g) 1 insulated vest h) 1 brown twill jacket 2. Rangers a) 1 straw Stratton hat (includes hat band, chin strap, and rain cover) b) 1 felt Stratton hat c) 3 long sleeve shirts d) 3 short sleeve shirts e) 1 parka f) 1 insulated vest g) 1 cordovan basketweave belt h) 3 pairs brown 50/50 twill pants i) 1 pair hiking shorts j) 2 pair socks 40 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 2, 1991 Mr. B . W. Smith Senior Field Representative Local 715 - S.E. I .U. 180 E. Gish Road, Suite B San Jose, CA 95112 Re: Midpeninsula Regional Open Space District; Sideletter of Agreement Regarding Catastrophic Leave Program Dear Rusty: This will serve to confirm the understanding reached between the parties concerning the establishment of a Catastrophic Leave Program, tailored after the County of San Mateo model . The parties agree that the District ' s program may provide for a 3 to 1 ratio for contribution of paid leave time to sick leave time. In addition, the parties agree that "paid leave" shall refer to vacation, holiday bank, and personal leave and compensatory time off. The District is committed to implement the Catastrophic Leave Program by July 1 , 1991 . Very truly yours , Jea n H. Fiddes Personnel Officer Midpeninsula Regional Open Space District THE FOREGOING IS ACCEPTABLE B.W. Smith 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 5, 1991 The Memorandum of Agreement will be mailed under separate cover . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-30 (Meeting 91-09 April 10, 1991) REPORT March 28 , 1991 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Initial Legislative Program for 1991-1992 Recommended Action: Adopt the attached Initial Legislative Program for 1991-1992. Discussion: Your Legislative Committee, consisting of Directors Bishop, Crowder, and Henshaw, met in a noticed meeting open to the public on February 27 to review my recommendations for the Districts ' legislative program for the new two year session of the California State Legislature. The committee, chaired by Director Crowder, concurred in the attached recommendations. The priorities (please see Policies for Handling Legislative Matters adopted July 25, 1979) shown in the attachment are my recommendations; we did not review priorities at the meeting. Due to bill introduction deadlines, legislation has been submitted pending your approval . 1 INITIAL LEGISLATIVE PROGRAM FOR 1991-1992 I . State Budget Augmentation Projects A. Saratoga Gap Acquisition Project: The project consists of the purchase of a 116 acre parcel of land owned by Sempervirens Fund at the intersection of Skyline Boulevard (Highway 35) and Big Basin Way (Highway 9) in Santa Cruz County. The price would be $600, 000 , of which 50% would be paid out of District funds and the other $300,000 out of state funds . The land would provide a major visitor information site for Castle Rock, Big Basin, Portola and other state parks , county parks , and District Skyline preserves. The project, in Senator Mello' s and Assembly Member Vasconcello' s districts, is a project with statewide significance. It is supported in principle by State Parks, based upon preliminary discussions , but budget woes may affect their position. A likely source of funds would be the tobacco tax resources allocation. A project description is attached. Priority: A B. Pulgas Ridge Open Space Preserve Public Access Improvements : Last year we requested $90, 000 toward a $115, 000 project and would again this year. The project is in Senator Morgan' s and Assembly Member Lempert ' s districts. A project description is attached. Priority: B C. Cathedral Oaks Acquisition Project: This project , which was submitted last year, should be dropped as a budget augmentation project in order to focus priority on the other two projects . The acquisition from Peninsula Open Space Trust would be fully funded by the District instead. State Measures A. 1992 Parks Bond Act: Assuming the language of this proposed legislation is adequate, the District should strongly support it. Senate Bill 387 (McCorquodale) and AB 72 (Cortese) have been introduced for a bond act. Priority: A B. Bear Creek Redwoods State Park: Every effort should be made to have this multi-million-dollar project listed in the bond act. Assembly Member Cortese, the author of one current bond act bill , obtained approval for study funds last year, and Senator Alquist was an early strong supporter of the project , making it possible that the project could be listed. Priority: A Initial Legislative Program for 1991-1992 Page 2 C. State Constitutional Amendment on Local General Obligation Bond Measures: The District would benefit if the State Constitution were amended to authorize local general obligation bond measures for parks and open space to be approved by a simple majority vote of the electorate. Senator Morgan has introduced State Constitutional Amendment 11 which would accomplish this, if passed. The Planning and Conservation League ' s legislative efforts, described in an attachment, to put a State Constitutional Amendment on the ballot should be supported financially, up to a maximum of $5, 000. The District ' s lobbyist, Ralph Heim, supports the approach of having a coordinator for this effort. Priority: A D. 1992 State Ballot Initiative: The Planning and Conservation League is making legislative and initiative efforts to place a major Proposition 70 type of measure on the 1992 state ballot for protection of native forests. An initiative would name the District as recipient of funds for various projects. Priority: A E. Coastal Conservancy: Legislation is under consideration to allow the Coastal Conservancy to operate somewhat inland of the coastal zone. There is significant open space and potential trail corridor land between District lands in San Mateo County and the coast. Follow-up funding will be needed, but the enabling legislation is a first step. Priority: B III . District Powers A. Expansion of Funding Mechanisms for General Purposes : Significant additional sources of revenue to complete the midpeninsula greenbelt and provide public access to it are needed. Necessary funds could be obtained if the District were empowered to levy a general tax, such as a parcel excise tax (in addition to the District ' s share of the property tax) , by action of the Board of Directors or by a simple majority vote of the electorate. Priority: A B. Trade of Rights in Dedicated Land: A Joint Resolution would be introduced pursuant to Public Resources Code Section 5540 provided agreement is reached to exchange a parcel of dedicated land, while retaining an open space easement , for an open space easement over a piece of nearby private land. Priority: A Initial Legislative Program for 1991-1992 Page 3 C . Density Credits: The District needs assurance that when land is acquired for open space the District does not lose any development density credits . Assembly Member Cortese has reintroduced last year ' s bill which passed the Assembly and the Senate Local Government Committee but did not get voted upon in the Senate. This year ' s bill, AB 1836, is like last year ' s AB 2301 . A description is attached. Priority: B D. Check Signatories : Public Resources Code Section 5552 requires two signatures on each district check and warrant. Legislative staff is comparing this requirement to those of other districts and will determine whether this matter can be handled in a clean- up bill . A description is attached. Priority: B IV. Miscellaneous li A. Property Tax Assessment and Collection Fees: The District supports repeal of last year ' s legislation that approved passing on Santa Clara and San Mateo Counties ' costs of collecting and administering property tax assessments to the District. Priority: A B. South Santa Clara County Open Space Authority: Passage of SB 164 (Mello) would create South Santa Clara County Open Space Authority and allow an election on funding to be held in 1992. As proposed, a simple majority vote would have been required to levy a parcel excise tax, but the Senate Local Government Committee increased the majority to 60%. Priority: B C. Elimination of Property Tax Exchange Resolution: The District should sponsor legislation that would do away with a property tax exchange resolution for District annexations where the District waives tax income for the new area (see attachment) . Priority: B D. Waiver of Prepayment Penalties: The District supports an amendment to the Code of Civil Procedure to specify that prepayment penalties ordinarily paid to lienholders are waived when property is acquired by an agency simply having the power of eminent domain, as opposed to using it. A description is attached. A "housekeeping" bill would be the vehicle. Priority: B Initial Legislative Program for 1991-1992 Page 4 E. Lease of Land from Caltrans: The District supports an amendment to the Streets and Highways Code to include districts among agencies that are eligible for $1 a year leases (see attachment) . A "housekeeping" bill would be the vehicle. Priority: B F. Redevelopment Reform: It is most desirable that the larger issue local government finance be addressed in such a way that districts can share the benefits of redevelopment projects. Priority: B --------------------------------------------------------------------------- Note: Attachments referred to in this report are available upon request. SARATOGA SUMMIT GATEWAY ACQUISITION PROJECT (Addition to Long Ridge Open Space Preserve) Summary The Midpeninsula Regional Open Space District proposes to acquire 116 acres of highly desirable open space and recreation land at Saratoga Gap. The property adjoins a major highway and regional trail intersection centrally located on the crest of the Santa Cruz Mountains. It would be an ideal site for a "Saratoga Summit Gateway" visitor center to provide visitors with information about 40,000 acres of surrounding park and open space lands. The parcel is currently owned by the Sempervirens Fund, an organization working to preserve natural lands in the Santa Cruz mountains. Sempervirens has offered to sell the land to the Midpeninsula Regional Open Space District for$300,000, representing half of its appraised fair market value. In addition, Sempervirens has agreed to form a nonprofit organization to seek funds to build and operate the proposed center. Five public agencies and three non-profit organizations including the Trail Center, could sponsor the new nonprofit organization and provide initial monetary and political support. By providing a centralized, accessible site for a visitor center, the Saratoga Summit acquisition will enable the public to better enjoy the unique natural and cultural resources of the Santa Cruz mountain area. The project also offers an outstanding opportunity for interagency cooperation and helps round out public land holdings in this important gateway area. The Midpeninsula Regional Open Space District is willing to be the landholder and the coordinator of the project. Statewide Significance The Saratoga Summit Gateway property can be developed into a major visitor information and access point to State Parks in the Santa Cruz mountain area, including Castle Rock, Big Basin and Portola State Parks. Its central location at a gap in the crest of the range, at the intersection of two highways and two regional trails makes it the ideal site for this purpose. Although State Parks personnel have been very supportive of having a visitor information center at this location, the site is not within the planning boundaries of any of the three nearby State Parks. Property Description (see attached map and photographs) The 116-acre parcel is roughly triangular, with its eastern apex at Saratoga Gap. It fronts on Skyline Boulevard and Saratoga Gap Open Space Preserve to the north and State Highway 9 and Castle Rock State Park to the south. Part of the western boundary adjoins a 205-acre parcel being acquired by the Midpeninsula Regional Open Space District as an addition to Long Ridge Open Space Preserve. The land is undeveloped except for a timber haul road dating from the 1870's, winding through the center of the property and connecting Skyline Boulevard with Highway 9. With a minimum of clearing it would make an excellent trail. A grassy meadow overlooks Saratoga Gap, offering spectacular views of the Santa Clara Valley and Diablo Range from its 2760 foot summit. A grove of Douglas fir in a flat area below the meadow adjacent to the highway offers an easily accessible site for the proposed visitor center. The remainder of the property is hilly, covered by a mix of live oaks, madrone and Douglas fir. The California Nutmeg and the Black Oak both grow on the site, although they are uncommon in the area. The western side slopes steeply towards Oil Creek and Portola State Park. Access The two major roads through the Santa Cruz mountains, State Highway 35 (Skyline Boulevard) and State Highway 9, adjoin two sides of the property and intersect at Satatoga Gap. Extensive parking is available at Saratoga Gap Vista Point Parking Area. Two additional parking pullouts, one on Skyline Boulevard and one on Highway 9, provide access to both ends of the trail through the property. Surrounding Open Space The property lies in Santa Cruz County at the entrance to approximately 40,675 interconnected acres of public parks and open space managed by four separate agencies. These lands include: California State Parks: 21403 acres Midpeninsula Regional Open Space District : 5853 acres San Mateo County Parks: 8999 acres Santa Clara County Parks: 4420 acres Saratoga Gap forms a saddle in the crest of the Santa Cruz mountains, with the San Lorenzo and Pescadero watersheds to the west and the Stevens Creek watershed to the east. The boundaries of Santa Cruz, Santa Clara and San Mateo Counties all meet in this general area. Trail Connections (see attached map) The property is truely a gateway to the trails of the Santa Cruz mountains. Several major trails intersect here, including two trails of regional importance. The Bay Area Ridge Trail, a 350-mile route for hikers, bicyclists, equestrians, backpackers and persons with disabilities,will encircle the Bay Area's ridgetops. In this area it parallels Skyline Boulevard. The Skyline-to-the-Sea Trail is a 30-mile hiking, and part equestrian, trail descending through the property from Saratoga Gap to the Pacific Ocean at Big Basin State Park. Other adjacent trails include the District's trail to Saratoga Gap, Long Ridge and Montebello Open Space Preserves, Santa Clara County Skyline Park, and Portola State Park; the Saratoga Toll Road Trail to Waterman Gap; the Saratoga Gap Trail to Castle Rock State Park headquarters; and the Skyline Trail to Sanborn-Skyline County Park. Three overnight trail camps are accessible from these trails, offering the potential for multi-day trips. 11 l '. /i��jjLL� SARATOGA SUMMIT GATEWAY—_l ( yU �9T 1lEN -- 1w . IEi M.R.O.S.D Midpeninsula Regional �� Open Space District �3. =fit u ----- �, Old Road Alignment North --- Regional Trails Scale 1 Inch = 2,000 Feet ---?4boIN IV I ol GE I VwV LAr AN a� OCA E i. 1.- ! f 1 oo a Z �111 1 ; f n J . �, '�'_�� - � ( ( i - ii ��. J�t: ��`� � , ;\l� J�, , 1 i �1y' L8h1`.732 '�, �✓rya / .�':,` `` -c,, M. ll % `� ✓-=��- -.�;v_• � 1 C � \� �� ' � ia> 6� � �'�11i � i n /, i�-%i Wd�MI� jh� MAT . oI shy ! , T GA P / I /HASIN To SNatop�t' AP - PEND!NG'f� Xr or .�, �AChUIS� N o lO ��-;,�� . �et`r�J,1t k ��< <<.� ��•2�.� s, ,,' 1,, 4 7 I!� . . , 7..�-- ' '.car', °° PRIVATE LANDSA: _••.,;j4i_ , r Q,M- ;z7ft 1 � > Gap �, \—� may. •->c-` ) �( ,.,.:J//c 'lid ;,��,�•� ^I , l�N, 240o i, � ,�� (�,, � � r— + ( � � goo , f,:f�::1J t ��f��,.i1\� •; i I ;i; zb_00 SANT.,A!CLARA' - .� �=-- ��//��- � e>io�.� -�� -=f`� -'-�s ��I� `�(��I�, ,; r`�, 1„; �%% ; �vs• 1'' �UNTY�; � � �� _,�04`�l` --- `m ,,` _ �� -'1__,. �,�-•--�5�:�s1�,�ltllr% '-� -�� v � 2°" � 'o -f, \�%1< �c s4;r„�t CASTLE=ROCK STATE'PARK'.' Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE PUBLIC ACCESS IMPROVEMENTS March 1991 Project Description: The proposed public access improvements at the Pulgas Ridge Open Space Preserve are designed to increase the public ' s awareness and accessibility to this 293-acre preserve. The preserve is comprised of a relatively undisturbed natural landscape contiguous to one of the largest metropolitan areas in California. When developed, the improvements will offer Peninsula residents an opportunity to explore beautiful tree- shaded canyons and open meadows located close to their own back door. Currently, public access is limited due to the lack of key trails, signs, and parking sites . The proposed public access improvements include site preparation, design, and construction of a new 15 car parking facility, construction of a new trail , and the installation of signs and fences . The trail construction consists of the Edmonds Trail connecting the preserve ' s upper ridge to Edmonds Road. Entry signs will be installed at the Edmonds Road parking area and numerous directional and informational signs will be placed along the trail . New fencing will be installed to minimize public trespass on adjacent lands . The parking lot will be built on the site of an abandoned sewer plant which served buildings formerly on the property. Preliminary planning has been carried out for the project. The planning and permit process is expected to be lengthy, and the actual construction is planned to begin in late spring or summer 1993. The total estimated cost of the project is $115, 000. Local funding sources totaling approximately $25, 000 will be budgeted for this project, leaving $90, 000 in funds requested of the state. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE PUBLIC ACCESS IMPROVEMENTS BUDGET March 1991 Elements of Proposal Edmonds Trail $22 , 000 Demolition of Buildings 25, 000 Boundary Survey 10 , 000 Topographical Survey 3, 000 Geotechnical Survey 3, 000 Construction of Parking Lot 38 , 000 Design & Supervision 9, 500 Signage 3, 000 Fencing 1 , 500 $ 115, 000 Construction permits would be required both from San Francisco Water Department and San Mateo County. Construction is planned to begin in the summer of 1993 . MIDPENINSU' " REGIONAL OPEN SPACE DISTRICT �.�--c Pulgas ► -Age Open Space Pre_ Jrve � '•1 Cartos' �� 1• Y1� f \ • \ l r ► I f � i y % S f PROJECT LOCATION•PAP �' I ,�., 1� `.. a.ti `'.�.�, �� i�.�--t :-��,` •'.'I•' ';,---�~— ��~ sPROPOSED TRAIL, SIGN, AND FENCE IMPROVEMENTS - -�' REDWOOD CENTER. CRESTV:=r. • i� � k1/� / • ` i 1 : :ROADSIDE •`�'f PROPOSED PARKING LO " 'WOOD RDA N � �.�� 63€)x ��, • --•� ,-ma's J 39� , r. l \ FEB,21—'91 THU 16:43 ID: PCL SACRAMENTO TEL NO:916 444 6726 9107 P01 r GGAAfl PATTON THE PLANNING M CH•AEL REMY AND Sonar VO President CONSERVATI ON LEAGUE DwIGNT STEEIE PCL . Savor Vice Prewom T' T:.wrer 909 12TH ST.,•SUITE 203•SACRAMENTO,CA 95814 AEG"ALMEP"RSrOENTS (916)444-8726- FAX(916) 448-1789 KEVIN JOHNSON San 'UeOd W$.UAM WILCOXEN 000orHYGA N February 7, 1991 tot ArVelea JANE HAGEDCQN Sacramento BAFlBAaAEABTMAN Bay wee Joe Edmiston QAkFRpST Herb Grench arca,irarva Pots Dangermond 110AA0OFDRECTOAS pat O'Brien. ANISWAX AnaA `9"► ' °" Bob Houston, Jane AdamsARC � COP44AYAWY '.. Auouaw SOCW" CAL Dear Friends: Of IWCTCLwa Cm*"IXATX)#d CAUPORMA NATNS VOM CA�AASSr Attached is an idea about how to gain the support PMM RANGERS As". of the Legislature and the Governor for a i CALNOOV"OMXn v� AGAINST WAI'M Constitutional Amendment which would allow local fmit I TRAST PSR CO. agencies and OONWAV districts to place General Obligation Bond M*04 P001%0e Of TW aAATM Acts on !� FIIrfMOS OF THE AYYI'A the ballot and let them go into effect if PACIFIC approved, by a majority of the voters. LAOLKA ORtS1M0.T WC. V.A"TO SAYS LA"TAMS �oo►+savATaXL�Aouc in WAM OO" $ ce this« ,z is entHOWNIONYMM irely tirely a legislative effort, there AUOUSON SOCIM is no reason why public agencies could not pay or it. rnoT.cT Aaor.cAw P Y AYYtA CNYTOW I believe it could be coord inated b one arson working ozkin SAY!SAX R1AX(Y�l+O SAY ASSN. P SOCOM FOR full g e.AurcAreA 1 time. I can assure ou that PCL would d provide AAOHA(QIQQT P TtA HUH. major support for this effort at no expense to the WtSTMNMGUMC8AS6N. agencies. wKtewXtssaocneTT COVS&cOwwww It is hard v - r °POWSW�'L^-r^�« to evaluate the chances of success f o.w 4 this effort, but I think they are significant. Senator �F.bw.w.r1o" Roberti has 1 aced this item n e o M A�f+Y.Vena ! his list �t priorities. It is very likely such' a measure would pass the Senate. •,�,,,,,� ,w,,, „ It is harder to gauge the Assembly, since several influential Republicans might p g oppose it. Nevertheless, if we can gain the Governor's support, I think we could win in the Assembly. A ".wA qoft. School and jail bonds have they Governor' s support O"P.&&eA, for majority vote approval., and he has a good record on Ow.r Ace.TAK"r parks and open space. I believe if an appropriate w " effort is made, his support can be obtained for parks J«ei*.wyp..Airww. and open space as well. C+wn wraY,TAwer, ' w«"b«« Whether the voters would approve such a measure is unknown, since there has been no polling to date. Such AAWHor a poll could be conducted later this year or early next «ro year. There is no point in doing it now, due the war and the economic circumstances. Nevertheless, I A3*=ATzWLw1[As believe there would be a good chance of winning, CANT EE FOA especially if this measure appears on the June ballot. 0R"hFCQT-,4L$ CALOOMLA►_004 EXS The attached budget is very modest. z have found a possible candidate for this position (understanding the need to advertise, use RFD's, etc) . He is John McCaull, who produced a very o r Y good sport on public land acquisition for Joe last year, and who has done excellent e t work for us on a variety of projects. This Project is of great interest to him, and he is willing to spend a year working on it. He is an attorney who recently passed the bar, and is willing to work for low wages while gain Jing in experience and for the ability to work on a i su project which he fully Supports. John is a very hard worker, is very bright, and would be a real asset to this effort. I will follow up with a call to determine your interest in this project. It would be possible tb try other possible funders, but since the amount is relatively small, I am hoping your agencies can cover it so the project can start quickly. Joe has volunteered to help coordinate the agencies regarding how the Project would actually be funded. PCL stands ready to provide significant assistance in this important effort, which has tremendous potential to provide new funding if it succeeds, best personal regards, Gerald H. Meral Executive Director I 1hU IbZ4 lul----Fll..L--t-,Hv--KR'ItN]TJ--'- -;4 LJ( II FUNDING PROPOSAL- LOCAL VOTES TO PRESERVE THE ENVIRONMENT OF CALIFORNIA- AMENDING THE CALIFORNIA CONSTITUTION FOR GENERAL OBLIGATION BOND VOTINO REQUIREMENTS SUMMARY: Over the past five years, the California electorate has supported a variety of local general obligation bonds (G.O. Bonds) to preserve and protect parks and open space throughout California. In 30 local elections, ranging from large urban counties to tiny cities and park districts, the vast majority of voters have favored the sale of general obligation bonds to create and preserve open space and parks. Even with the defeat of most of the statewide bond measures in the November, 1990 elections, voters still approved several local G.O. Bond's by a 50%+ margin. However, the discouraging fact is that only a few local general obligation bond acts have gone into effect since 1986, 'even though almost all of the eceived 50*—Voter approval. Despite the overwhelming need for expansion and protection of park and open space districts throughout California, the California Constitution requires a 2/3 vote to pass bond acts at the local level. Statewide bond acts require only a majority vote to go into effect, and this proposal is designed to address the funding crisis that California faces due to outdated 'Constitutional Voting requirements. PROPOSAL Public park and open space agencies should initiate an effort to amend the California Constitution to allow local agencies, cities and park and recreation districts to sell local general obligation bonds with the approval of a majority of the vote. The campaign framework would consist of: 1 ) Building and coordinating a coalition to encourage the California Legislature to pass the necessary Constitutional Amendment. If passage is achieved in the Legislature, the Constitutional Amendment would be submitted to the California electorate for approval in June 1992. .1 1 2) Study and identify the economic and political framework which would justify amending the Constitution for local general obligation bond acts. In particular, develop an agenda and report designed to elicit broad-based Legislative and public support for changing the voting requir6ment for local G.O. Bonds. The effort will include coalition building with groups interested in the sale of local G.O. Bonds for purposes other than park and open space acquisition and improvement. I t1t_r lam•t+1 11): t-Vr_ �r-r�..r:ryr'rGY r u r CL rY�.:yo •+-r- v c.c., ni� z.-r I WORK PROGRAM This effort will have the primary purpose of passing a Constitutional Amendment through the Legislature. It will include the following elements: 1 ) Work with local park and open space districts, California Park and Recreation Society, cities counti es, League of California Cities, County Supervisors Association of California, environmental groups and local land trusts to develop a long list of supporters for this proposal . Special attention would be given to local chambers of commerce, soliciting their support. Others whose support could be gained include the League of Women Voters, Common Cause and civic improvement groups. Farm groups would have to be fully informed about the proposal, especially with respect to the benefits which could be gained for farmland preservation bond acts. 2) Coordinate a series of editorial board visits with conservation, park and business representatives to gain editorial support. 3 ) Work with education and prison advocates to gain support for including park and open space funding in the Governor's proposed change in the Constitution regarding this subject. 4) Prepare through Legislative Counsel a Constitutional Amendment to achieve the goals of this project. 5) Solicit an author (and appropriate coauthors) with good bipartisan representation. 6) Send a "near Colleague" letter to all legislators Soliciting Caauthorship. 7 Follow u) pin each legislator' s office to see who is supportive. Prepare the list of supporters. 8) For those who are undecided, and for those where opposition might be turned into support, Coordinate a series of meetings with legislators. The meetings would be in their home districts with park and open space advocates, from agencies, conservation groups and businesses. These meetings would be followed up in the Capitol by meetings with the lobbyists. 9) Gain Administration support by arranging meetings with Alan 2aremberg (Governor's coordinator on this project) , Resources Agency and Office of Planning and Research. The new Parks Director should also be solicited for support. 10) Prepare a poll on this issue late in 1991 or early in 1992. FEB-21-191 THU 16:46 ID: PCL SACRAMEHTU TEL NO:916 444 6?26 9107 F05 . �II BUDGET ( 12 months, March 1, 1991 to February 29, 1992) I Personnel Services- $25, 000 Includes lobbying, campaign concept development, research and legal services if required, Benefits (Health Insurance, etc ) 3,000 Rent ($200/mo) 2, 400 Phone/FAX ($300/mo) 3, 600 Copying ($200/mo) 2, 400 Printing ($100/mo) 1, 200 Computer and printer rental (S200/mo) 2,400 Travel. ($200/mo) 2, 400 Equipment and supplies ($100/mo) 1, 200 Postage ($200/mo) 2, 400 Total .46, 000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 February 23 , 1987 Mr. Ralph Heim Jackson/Barish & Associates 770 L Street, Suite 9�O Sacramento, CA 95814 Dear Ralph: We have previously discussed the situation which I described in the attachment dated December 12 , 1986. After reading and re-reading revenue and taxation code section 99 (b) and related sections, the District'_s Legal Counsel concludes there is no clear answer as to whether a "tax exchange resolution" is required in the circumstances . He advises that, .applying a pragma- tic interpretation, since upon annexation of these publicly owned lands the taxes would be cancelled, there would be no tax revenues to exchange and therefore, a tax exchange resolution would be an idle act. Initially , we would like you to try to obtain a written opinion of Legislative Counsel as to whether a tax exchange resolution is re- quired by 99 (b) (or other pertinent sections) under this limited situation, namely : where lands owned by the District are annexed to the District, taxes are to be cancelled and there are no tax revenues to exchange. If Legislative Counsel concludes that under the present language of 99 (b) such a resolution is required, then we would. like to see an amendment to the section to eliminate this seemingly unnecessary step. Suggested language is enclosed. Very truly yours , Herbert Grench General Manager HG:ej Enc. Hertert A.Grench,General Manager Hoard of Directors:K31herine Out v N,onette G Hcn T.a unnc±,�,.-_cz..1 ate:r., c.e.."., --__-- 12/12/86 ANNEXATION OF PUBLIC LAND AND THE TAX EXCHANGE RESOLUTION The Situation : The Midpeninsula Regional Open Space District has on occasion acquired land' outside but contiguous to District boundaries for public open space purposes. After acquisition the District has . : usually initiated annexation proceedings to annex those same lands to the District. No jurisdictional changes by other agencies have been . Part of these annexations . The District has also sought cancellation of properly taxes after acquisition. The Question: (1) In this -situation where property taxes would be can celled and there would be no property tax to exchange, is a tax exchange resolution adopted by- the board of supervisors pursuant to Section 99b of the Revenue and Taxation Code (or other law) required before - the Local Agency . Formation Commission (LAFCO) can act upon the annexation applica- tion? (2) If the answer to Question (1) - .is "yes"., would a resolution adopted .by the. District's Board of Directors waiving any share of property taxes negate the requirement for the tax exchange resolution? (3) If private property were annexed and such a waiver were offered, would the tax exchange resolution be required? . (4) Is there any requirement that the tax exchange resolution be adopted within a specified length of time by the board of supervisors.'or, if it is not, that the tax exchange be determined by LAFCO? 98.9 REVENUE AND TAXATION CODE REVENUE AM (1) Each tax rate area shall be allocated an amount not to exceed 2 percent of the amount allocatcr' t pursuant to subdivision(a). executive of5ccr with be terminateL (2) The amount in excess of the amount distributed pursuant to paragraph (1), if any: shall be (8) No later than the distributed among an tax rate areas in the county by formula.The amount allocated to each tar rate area with the county rccc shaIl be the same percentage of the amount of the excess value of the unitary and operating nonurutary property tax revenue property in the county as the percentage of the total locally assessed value and the value of nonunitary subdivision(a). property in the tax rate area is of the total value of locally assessed value and the value of nonunitary (e) Whenever a juris property it in the county. - 'formation commissio ( The assessed value of the unitary and operating nonunitary property shall be kept separate for each by the proposed char throughout ghout the allocation process. of eacl county withi (d) If a tax rate area is divided, the value of the unitary and operating nonunitary property shall be specify each local ag_ divided among the resulting tax rate areas in the same proportion that the value of locally assessed and request the audit property and nonunita y property is divided among the resulting tax rate areas. (2) of subdivision (b,' Ad..ad Sues 19s6 ch 1457 14- respect to,property t. (4).(5).and(6)of sc f rm Adjustment tr property tax rereaue in the case of a jurisdictional change,a city incorporation,or a between and among - formation of a district _ tional change shall b• (a) For the purposes of the computations required by this chapter- resolution,to accept -, (1) In the ease of a jurisdictional changc, nets than a city incorpo anon or a formation of a district as an exchange of pro;- dened in Section 2215 of the Rcvcriue and Taxation Codc, the audito shall adjust the allocation of jurisdictional change property tax revenue determined pursuant to Section 96 or 97, or'ihc annual tar iacrerment'dct�rminai awill nn altered by the puat to Section 9$,for local agencies whose service area or service msponsibility_would be altered by annual tax increment rsta such jurisdictional change,as determined pursuant to subdivision(b)or(e). pursuant to this sccti (2) In the ease of a city incorporation or a formation of a district as defined in Section 2215 of the adjustments as t to a Revenue and Taxation Code, the auditor shall assign the allocation of property tax revenues determined an With respect or z ac purstant to Section 54790.3 of the Government Code to the ncn•ly formed city or district and shall make any local agency gr the adjustment as determined by Section 54790.3 in the allocation of property tax revenue'determined agreement.Such agr%k Pursuant to Sa:tion 96 or 97 for each local agency whose service area or service responsibilities would be (e) Except as other altered by such incorporation or formation. property tax to be all (b) Upon the filing oEan application or a resolution pursuant to the Municipal Organization Act afcctel by a jurisdic: 1 but on r(comztcmang with Section 350001 orDivision 2 of Title 4 of the Government Code) or the Di trict property tax revebnn n Reorganization Act of 1965 (part 1 (commencing with Section 56000) of Division I of Title 6 of the of such determination Government Code), but prior to the issuance of a certificate of filing, the executive officer shalt give notice of such filing io the zssessot and auditor of each county within which?he'Teriito sub'-ct to the (� For the purpose c ti- -- f= and thereafter, for a - Jtrnui:cuoaal change is located. Such notice'shall specify each'Local agency whose servtee area`•or 1 responsibility will be altcrcdliy the jurisdictional change. January 1, 1978, but have been(1) (A) The county assessor shall provide to the county auditor,within 30 days of the notice of filing, a amounts of property bi report which identifies the assessed valuations for the territory subject to the jurisdictional than c ad p y the tar rate area or areas in which the territory exists. $ pertaining to such ir revenue received by (B)�The auditor shall estimate the amount of property tax revenue generated within the territory which amount of property t is t..e subject of the jurisdictional change during the current fiscal year. year. Except, howcvc: (2) The auditor shall estimate what proportion of the property tax revenue determined pursuant to property tax revenue ' paragraph ( ) is attributable to each local agency Section 98,pursuant to Section 96 or 97, and 5ion Pursuant to Section S- notwithstanding th ions orti e provisf 5on 98.6.- ' city. (3) Within 45 days of notice of the filing of an application or resolution, the auditor shall notify the The provisions of this . $rnening body of each local agency whose service arca'or service responsibility win-be altered by the ; fiscal Y�and thcreaft amount of,aria allocation fs tors'witlt"r'esp �to�'prorty tsx•ievenuc estimated urs puant to paragraph (8) For the purpose of (2)which is subject to a negotiated exchange- which was filed pursu. (4) Upon receipt of the estimates pursuant to paragraph 3 the 1978, but before Janu $ ? ( ) Jowl,-agrnci _shall.comn.�= 1979-80 fiscal year an X-S-W atiotr_s to determine the amount of property tax revenues to be exchanged between and among such 1oc,.!agcva'cs.Such negotition period shall not exceed 30 days. Government Code. Such exchange say be limited to an exchange of property tax revenues from Lh (h) For the purposes c generated in the area subject to the jurisdictional change and attr c annual tax increment ibutable to the local agencies whose other than a change rc service area or Service responsibilities will be altered by the proposed jurisdictional change. The final adjust the allocation o, each-m-gc cars• resolution shall specify how the annual tax increment shalt be allocated in future -`~ increment determined Y ! or county superintend:(5) In the event that a jurisdictional change would affect the service area or service-responsibility or one jurisdictional oltange, or MO-e�sPccW districts, the board of supcnisors of the county or counties in which the districts arc ;sr all,des bchal£of the distn (I) The;ovc.ning I.�ci or districts,'negotiate any exchange of property tax revenues. arcs or service respor.(6) ltiotwithstanding any other provision of law•, the executive 0 dicer shall not issue a ccrtifi etc of filing tart s or s r c be spec'purraitit to Sections 35152,54791, or 5619E of the Go�cntment Code until such local agencies included adopted by each affcc in the property tax revenue exchange negotiation.. within the 30-day negotiation period, present shall furnish the partic rc=!utions adopted by each Vc co my and city whereby each such county and city agrees to accept subject to negotiation- s exchange of property tar revctu (2) In the event that s� (� In the event that the commission mc>,3ifies the proposal or its resolution of determiraticin, any Jo a1 of the jurisdictional ell agency whose service uses or servtee responsibility would be altered by the proposed jurisdictional cl.inge education shall, by tc may request, and the executive oMccr shall grant, 15 days for the affected agencies, pursuant to jurisdictions are in tic parag aph(4)to rcriesodate an exchange of property tax tevcnucs. Notwithstanding the time period days after the effective spe<tfi p grail ( ), if the resolutions required pursuant to paragraph (6)arc not presented to the i exchanged. 64 p 1 /L. r it Rev E Tray t.cdul i It Roy b Tax coda: G�4Gtt L t- ISLr47'"l y'E OP y o�= G- �y ran -W)Ne�y' -VV NCI noN -is pVPTS try LP fzlz�ll? lr�N 1�,4 &,e off= P121>� zr� " �`I4 r -727lk'Y 7v mot=, • ; a "TAXATION CODE REVENUE AND TAXATION CODE §99 ;eat of the amount allocated executive officer within the 15-day period,all proceedings of the jurisdictional change shall automatically ' be terminated' . tgrapb (11 if any, shall be (8) No later than the date on which the•catificate of completion of the jurisdictional change is recorded ce aloted to each tax rate area with the county recorder, the executive%Meese sr 11—e tify the auditor-or'auditors'oril ii exchange of. iry and operating nonunitary property tax revenues and the auditor or auditors shall make the appropriate adjustments as provided in and the value of nonunitary subdivision(a). _.-• ._ and the value of nonunitary (c) a'hencvcs a jurisdictional change is not required to be reviewed and approved by h local agency formation armmnssion, the ltxai agencies wSose service arcs or'servicr icsporisi�ttTffi e3 svou7d lie a7tcrtxi "by�bi pmposc'd c a�'ngc,shad give noti«to the State Bond of ualization and the assessor and auditor tall be kept separate for each Eq - . of each county within which the territory subject to the jurisdictional change is located.Such notice shall specify esch local agency whose service area or raporuibility will be altered by the jurisdictional change . nonunitary property shall be and request the auditor and assessor to make Lhe determinations required pursuant to paragraphs(1)and the value of locally ass-sled (2) of subdivision (b). Upon notification by the auditor of the amount of, and allocation factors with %- respect to,property tax subject to exchange,such local agencies,pursuant to the provisions of paragraphs (4),(5),and(6)of subdivision(b),shall determine the amount of property tax revenues to be exchanged sge,a city tncorporation,or a bctwem and among such local agencies Notwithstanding any other provision of law, no such jurisdic- tionalchange shall become effective until each county and city included in such negotiations agrees,by resolution, to accept the negotiated exchange of property tax revenues.Such exchange may be limited to an exchange of property tax revenue from the annual tax increment generated in the area subject to the—-- ir a formation of a district as jurisdictional change and attributable to the local agencies whose service area or service responsibilities shall adjust the allocation of will be altered by the proposed jurisdictional change.The final exchange resolution shall specify how the s ital tax increment determined annual tax increment shall be allocated in future years. Upon the adoption of the resolutions required g ansibility would be altered by pursuant to this section, the adopting agencies shall notify the auditor who shall make the appropriate : adjustments as provided in subdivision(a). ' :fined in Section 2215 of the (d) With raped to adjustments in the allocation of property taxes pursuant to this section, a county and T ,:rty tax revenues determined / any local agency or agencies within the county may develop and adopt a master property tax transfer aty or district and shall make tl. agreement-Such agreement may be revised from time to time by the parties subject to such agreement a ((( rty tax revenue determined (e) Except as otherwise provided in subdivision (f), for the purpose of determining the amount of -vice responsibilities would be property tax to be allocated in the 1979-80 fiscal year and thereafter for those local agencies which were affected by a jurisdictional change which was filed with the State Board of Equalization after January 1, ;,W Organization Act(Part 2 1978 but on or before January i, 1979. The local agencies shall determine by resolution the amount of st Code) or the District property tax revenues to be exchanged between and among such affected agencies and notify the auditor :sion I of Title 6 of the of such determination. .xutive oi-.iccr shall give (f) For the purpose of.determining the amount of property tax to be allocated in the 1979-80 fiscal year .at territor}' subject to the and thereafter, for a city incorporation which was filed pursuant to Sections 54900 to 5490: after ,cncy whose service area or January 1, 1978, but on or before January 1, 1979, the amount of property tax revenue considered to r. have been received by such jurisdiction for the 1978-79 fiscal year shall be equal to two-thirds of the days of the notice of filing,a amount of property.tax revenue projected in the final local agency formation commission stagr repot the jurisdictional change and pertaining to such incorporation multiplied by the proportion that the total amount of property tax revenue received by all jurisdictions within the county for the 1978-79 focal year bears to the total s, amount bf property tax revenue received all jurisdictions within the count for.the 1977-78 fiscal eel within the territory which P ply by J y year. Except, however, in the event that the final commission report did not specify the amount of property tax revenue projected for such incorporation, the commission shall by October 10, determine arue determined pursuant to pursuant to Section 54790.3 of the Government Code the amount of property tax to be transra•red to the 96 or 97, and Section 99. cif, The provisions of this subdivision shall also apply to the allocation of property taxes for the 198041 the auditor shall notify the fiscal yew and thereafter for incorporations approved by the voters in June 1979. ` sbility will be altered by the invited purse ant to paragraph (g) For the purpose of the computation's made pursuant to this section,in the case of a district formation which was fried pursuant to Sections 54900 to 54904, inclusive, of the Government Code after January 1978, but before January 1. 1979, the amount of property tax to be allocated to such district for the =1 agencies shall commence 1979-80 fiscal year and each fiscal year thereafter shall be determined pursuant to Section 547903 of the tged between and among such Government Code- (b)(b) For the purposes of the computations required by this chapter,in the case of a jurisdictional change. t om the annual tax increment other than a change requiring an adjustment by the auditor pursuant to subdivision(a), the auditor shall e to the local agencies whose adjust the allocation of property tax revenue determined pursuant to Section 96 or 97, or the annual tax risdictiorial change. The final increment determined pursuant to Section 98, for each local scht•oI distric%,commtnity college district, =red in future years. or county superintendent of schools whose service area or acrvrcerespon•sibihty would be altered by such r n service responsibility of one jurisdictional change,as determined as follov.•s: ties in which the districts are (1) The governing body of each such district,county superintendent of schools, or county whose service r property tax revenues. areas or service responsibilities would be altered by such change shall determine the amount of property not issue a certificate of filing tax revenues to be exchanged between and among such affected jurisdictions.Such determination shall be it such local 22cncics included adopted by each affected jurisdiction by resolution. For the purpose of negotiation, the county auditor ncgotiation period, present shall furnish the parties and the county board of education pith an estimate of the property tax revenue inty and city agrees to accept subject to negotiation. (2) In the event that such affected jurisdictions are unable to agree,within 60 days after the effective date :in of determination• any local of the jurisdictional change,and if all the jurisdictions are wholly pithin one county,the county board of proposed juris3ictional change education shall, by resolution, determine the amount of property tax revenue to be exchanged. If the ffccted agencies, pursuant to jurisdictions are in more than one county, the State Board of Education shall,by resolution, within 60 :withstanding the time period days after the effective date or the jurisdictional change, determine the amount of property tax to be =h (6)are not presented to the exchanged. It Rov a Tax Coral It Rav a Tax Codel 65 • a §99 REVENUE AND TAXATION-CODE REVENUE AND (3) Upon adoption of any resolution pursuant to this subdivision, the adopting jurisdictions or State (2) The uchangc of Pr Board of Education shall notify the county auditor who shall make the appropriate adjustments as from the annual tax inc provided in subdivision(4 to such local agencies. (i) For purposes of subdivision (h), the annexation by a community college district of territory within a (3) Notwithstanding the county not previously served by a community co'B:Se`district"is an alteratioo'of service arcs- The affected by the jurisdicti, community college district and the county shall negotiate the amount,if any,of property tax revenues to be exchanged. In such negotiations, there shall be taken into consideration the amount of revenue (4) ifa special district received from the timber yield tax and forest reserve receipts by the community college district in the more services to the a area not previously serve$ In no event shall the property tax revenue to be exchanged aced the resolution providing for amount of property tax revenue collected prior to such annexation for the purposes of paying tuition the area subject to the expenses of residents carolled in such community college district, adjusted each year by the percentage revenue for such specie' change in population and the percentage change in cost or living, or per capita personal income, (b) The provisions of s whichever is lower,less the amount of revenue received by the community college district in the annexed shall apply. The jurisd area from the timber yield tax and forest reserve receipts shall not be affected by (�l At any time after a jurisdictional change is effective,any of the local agencies party to the agreement Added Sus State 1933 cb 1305¢730 1 ch ,cf t to exchange property tax revenue may renegotiate the agreement with-respect to the current fiscal year of Amendments subsequent fiscal years,subject to a ror'h7 al17ocal agencies affected by the rcne3otia epee lase Amendment Substit,_ Added Stats 1979 ch 292§S,effective July 24, 1979;Amcrt~ded Stats I979 ch 116I §b"6 c'f-cDve September 29, 1979 1993 Amendment Substit: Scats 19S0 ch 801 111.effective July 23, 1980;Stats 1931 ch 714§397(ch 713 prevmh),ch 713§8;Stats 1992 ch 271 §1,dective June lb,1982,Suu 1983 ch 828 11,e:b 1305§6,effxtivc September 30,1983. 991•Negotiation of r Amendments In the event that s jar 1979 Amendment (1) Deleted "meet to" after -change. shall' in the first sentence of subd (b); (2) substituted -subdivision(c)"for"subdivision(e)"in the third paragraph or subd(b);and(3)amended subd(e)by(a)substituting- the Government Cod: 'b e,ecame cScetiv or which was approved by the voters"for"occurred-;and(b)adding the second sentence applicable provisions c 19SO Amendment(1)Amended subd(a)by W substituting"allocation"for"amount"before"of property'wherever it 1980,and the jurisdict. appears;(b)substituting "or the annual tax increment determined pursuant to Section 98 for local agencies-for"for to an area where theca each local agency";and(c)adding"or(c)"at the end of subd(axl);(2)substituted subds(b)and(c)for former subds shall apply: jurisdictional than other than a city incorporation or a PP Y: date of an e, ty rPo'a the effective Prior to8 and c which read:" ) Y 7�•� • @) () Cba The s dstn: formation o[a district a, defined in Section 2215 of the Revenue and Taxation Coda the governing bodies of all ( ) special agencies whose service areas or service respoaubilitics would be altered by such minc the amount o[ change shall dcttr the area subject to t property tax revenues to be cxchangd between and among such affected agencies.Notwithstanding any other provision circumstances shall a ` at'law,no such jurisdictitrnal change shall become e!fective tmtl each county and city included in such negotiation (b) Toe provisions of agrees,by resolution,to accept the negotiated exchange of property tax revenues "In the event that such a jurisdictional change would affect the service area or service responsibility re one ed more shall apply'to that jar, special districts.,the board of supervison of the county or counties in which such district or districts are located shall (c) Any resolution pr: on behalf of the district or districts,negotiate any exchange of property tax revenue&. shall specify the fis:.al "During any negotiation period all revenue from the annual tax increment attributable to"the tax-rate area or arcs provisions o within the territory subject to the jurisdictional change for the affected agencies and which has not yet been dstnbutd (d) The p to such affected agencies for the fiscal year or years in which negotiations take place shall be impounded.The auditor provisions of this sec.': shall determine the amount of revenue to be impound-d hased on the statement rcccived from the executive oEtcc (e) Nothing in this s pursuant to subdivision (c). The auditor shall not allocate any such revenue until be or she receives notice that an 1 agreement bas been reached pursuant to this subdivision. 99. Added Stars 1932 ch 10 "Upon adoption of any resolution pursuant to this paragraph,the adopting agencies shall notify the county auditor who shall makc the appropriate adjustments as provided in subdivision(a). §99.3•Fire protection "(c)In addition to the filings required pursuant to Chapter 8(commencing with Section 54900)of Pan 1 of Division 2 Notwithstanding any of Title 5 of the Government Code,a copy of the statement as provided by Section 54901 of the Government Code shall g be forwarded to the auditor of each county within which any affected agency is located.;(4)redesignated former subds transfers the respons (d)and(c)to be subds(c)and(f);(5)amended subd(e)by substituting(a)"subdivision(f)"for"subdivision(c)";and Ivfarin,the auditor sl (b)-filed with the State Board of Equalintion aftr hinuary 1, 1979 but on or before January 1, 1979"for"effective a The auditor shall during fiscal year 197E-79"; (6) amended subd (f) by (a) substituting -the purpose of determining the amount of () property tax to be allocated in 1979-80 and thereafter,for a dry incorporation which was filed pursuant to Sections derived by the fire d 54900 to 54904 afti January i, 1979. but on or bcforc January 1, 1979" for"purposes of the computations made derived from the tax pursuant to this section,in the cast of a city incorporation,which became c1rective,or which was approved by the voters (b) The auditor sha! during the 1978-i9 ffseal ycaf nett the beginning of the subdivision;and @1 adding the stand parap and(n jnmemtnt.computed ' added subds(;}-{i)• 1981 Amendment(1)Dctetcd the former third paragraph of subd(bx4)which read:"During any negotiation period,all (c) The auditor sha'_' revenue from such annual tax increment which has not yet been distributed b such local agencies for the fiscal year or subdivision (b). The years in which negotiations take place shall be impoundd. The auditor shall determine the amount of revenue, which receive prop— attributable to the annual tax increment,to be impounded based on the estimate made pursuant to paragraph(2).";(2) allocation t4 those amended subd (c) by substituting (a) •the 1979-1980 Li al ycu'• for "in 1979-1980%and (b) '%The local agcaocs shall"for the auditor shall impound all revenue from the annual tax increment attributable to the tax rate area or i received. areas within the territory subject to the jurisdictional change for such)oral affected agencies until such Local agencies.; Added Star 1934 ch 1_ and(3)substituted"the 1979-1980 fiscal year"for"19794990•'after"allocated in"in subd(f). 99,4.Aut$orizatio` 1982 Amendment Substituted-Sections 35152 54791,or 56198"for"Section 54741"in subd @X6). § 1993 Amendment Added subd la (As amended by Sots 1983,cb 1305,compared to the section as it read prior to (a) For the purpos: 1983.This section was also amended by an earlier chapter,ch 828"See Gov C 19605.) years thereafter, in Now--Stars 19S2 ch 271 provides: adopted and appro•. SEC 2 The Legislature finds'and declares that the addition of the phras "33152, 54791 or 56198"in Section 99 of of property tax re the Revenue and Taxation Code,as amended by this act,is declaratory of existing law. pursuant to Section. Review of Sclectod 1979 California Legislation. 11 Pacific L1 489,625. " (b) Commencing sv §99J.Jurisdictional change resulting In special district providing services not preciously provided its governing body (a) For the purposes of Section 99, in the case of a jurisdictional change which will result in a special which is allocable t district providing one or more services to an area where such services have not been previously provide agencies having tl, by any local agency,the following sh_11 apply: resolution, the lot (1) The special district referred to in this subdivision and each local agency which receives an city within which t' apportionment of property tax revenue from the area shall be considered Local agencies whose servtet (c) If the board.o' area or service responsibility will be altered by the jurisdictional change. } revenue,the board 66 (t Rev d lax Coda) (i Row 6 Tax C r SENATE LOCAL GOVE"MENT COMMITTEE VERSION: 03/10/89 A Senator Marian Bergeson, Chairman BST: First B - HEARING: 03/07/90 FISCAL: Approp. 2 Assembly 30 - cortese CONSULTANT: Detwiler 3 0 1 Subjegt: Regional Park Districts' Property Rights Background and Existing Lax: Nearly three dozen California cities and counties have trans- fer of development rights (TDR) programs. Owners of "send- ing" properties sell their development credits to buyers who own "receiving" properties. In California, TDR usually in- volves shifting construction potential away from open space and moving it into existing developed. areas. Local agencies in San Mateo and Santa Clara counties are exploring and ex- panding their TDR programs. State law defines regional park and open space districts ' property management powers. They can acquire and dispose of any property, including property rights. If a district wants to convey an interest in real property that is "actually dedicated and used for park or open-space, " it must get local voter approval. The Mid-Peninsula Open Space District acquires property in San Mateo and Santa Clara counties. If local TDR programs become effective, the District might want to sell off the development credits from its open space properties and use the revenues to buy more open space. But the District is concerned that current law does not give it broad enough property management powers. Provosed Laxs Under Assembly Bill 2301 a regional park and open space dis- trict's acquisition or dedication of land to open space pur- poses does not cause the loss of any development density credits. AB 2301 allows a district to held, use, or transfer its development density credits like a private landowner. comments: 1. Transferring development. In TDR programs, development is neither restricted nor created. Willing landowners vol- untarily buy and sell development credits to shift develop- ment from one area to another. AB 2301 allows regional park I AB 2301 - 03/10/89 Page 2 districts to act just like private landowners when they sell development credits. 2. Prospective nature. The Mid-Peninsula Open Space Dis- trict continues to acquire more property every year. AB 2301 is prospective and will allow the District to sell the devel- opment credits on property it acquires after January 1, 1991. But the District already owns a substantial amount of open space. If the District wants to sell off the development credits from 'its existing holdings, the bill does not allow it. The Committee may wish to consider an amendment: which lets districts sell development rights on the properties that they currently own. 3 . who's affected? currently there are four regional park and open space districts: East Bay Regional Park District, Marin County Open space District, Monterey Peninsula Regional park District, and the Mid-Peninsula Regional Open Space Dis- trict. Local officials in Riverside, San Bernardino, and Orange counties are also exploring the possibility of forming their own districts. In the Mid-Peninsula District, TDR pro- grams exist in the cities of Cupertino and Palo Alto and in the County of San Mateo. support and gggositiog: (03/01/90) Support: Mid-Peninsula Regional Open Space District, City of San Diego. oPpog-_ ..4a: Unknown. January 23 , 1991 Amendment to Public Resources Code Section 5552 Regarding Check Signatories Requested Action: Eliminate requirement for two signatures on District checks and warrants by amending Public Resources Code Section 5552 to read as follows : The controller is the custodian of the funds of the district and shall make payments by check or by warrant drawn upon the district's depositories for obligations that have been first approved by a majority of the board of directors at a meeting of the board of directors. The board of directors also may, by resolution and under any terms and conditions which it may prescribe in the resolution, authorize the controller to pay demands against the district, without the prior, specific approval of the board, that are for any purpose for which an expenditure has been previously authorized in the district's adopted budget and which do not exceed the amount of expenditure so authorized. Demands so paid shall be presented to the board of directors at the next regular meeting for its review and approval. If the funds of the district are maintained solely in the county treasury, the county auditor shall exercise the powers otherwise conferred by this section on the controller. The board of directors shall by ordinance or resolution authorize signatories for checks or warrants drawn in payment of obligations and demands against the district. Authorized signatories shall be selected from members of the board of directors of the district, the general manager of the district, the administrative secretary, or any other officers and employees which may be designated by the board. �4-tnirtitnt�m-a€-twe-sigr�atxres-s3zall-be-required-en-all checks-and-warrants- The controller shall keep an account of all receipts and disbursements, and shall deposit all money received by him or her in a depository or depositories selected by the board of directors. Reason: Although the District has four authorized signatories for checks, three of these persons have been out of the office at times checks .have needed signing. This can be crucial, for example, for payroll checks or loan payments. Furthermore, there is no real financial control gained from the second signature. The District ' s Administrative Services Manager is the primary signatory and responsible for checking validity of checks issued. Not having primary responsibility, the second signatory is inclined to do a rote signing of a stack of checks. January 23, 1991 Amendment to Code of Civil Procedure Section 1265. 240 Regarding Waiver of Prepayment Penalties Requested Action: Amend Code of Civil Procedure Section 1265 . 240 to read (amendment underscored) : Where the property acquired for public use by an agency possessing the power of eminent domain is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for Prepayment. Reason: The Midpeninsula Regional Open Space District recently had a problem when the lienholder of a property the District was trying to acquire would not waive the prepayment penalty of $3, 800 . Although Code of Civil Procedure Section 1265. 240 doesn' t specifically require it, the beneficiary under the deed of trust took the position that the District had not actually filed a lawsuit in eminent domain. (This section is part of a chapter on Eminent Domain Law. ) Although the power is available, the District wants, of course, to avoid eminent domain because of the adverse financial and public relations consequences . The amendment would obviate the apparent necessity of getting into the condemnation process . In this particular instance, a competing offer was higher than the District ' s, but the seller would have netted more money with the District ' s offer if the penalty were waived. January 23, 1991 Amendment to Streets and Highways Codes Section 104.7 Regarding Lease of Land From Caltrans Requested Action: Amend Streets and Highways Code Section 104.7 to read (addition underscored) : § 104.7 Property held for future highway purposes; lease to city,- or county or special district; conditions; exceptions (a) Unless otherwise provided by statute, when requested by a city, or county or special district, the department shall provide information regarding, and shall lease, unoccupied, unimproved property which is held for future highway purposes to the city, or county or special district within which the property is located. The city, or county or special district may use the leased property first for agricultural and community garden purposes, and second for recreational purposes, on terms and conditions not unreasonably inhibiting the use of the property, including, but not limited to, assumption of liability and installation and removal of improvements. The lease shall be for one dollar ($1) per year for not less than one year and shall be renewable. The city, or county or special district may sublease the property for agricultural or recreational purposes upon prior written notification to the department, and may proceed with the sublease unless disapproved by the department within 10 working days after the notice is sent to the department. The first priority for a sublease shall be given to the owner of property contiguous to the leased land. In a sublease of the property, the city, or county or special district may charge rental fees at least sufficient to pay its administrative costs. All money received by the city, or county or special district under a sublease, less administrative costs, shall be transmitted to the department for deposit in the State Highway Account. (b) Unoccupied, unimproved property which has commercial, industrial, or residential use as its most feasible or best use, as determined by the department, are not subject to this section. (c) The Legislature finds and declares that the lease of unoccupied, unimproved property pursuant to this section serves a public purpose. Reason: Section 104.7 of the Streets and Highways Code provides that unoccupied, unimproved property which is held for future highway purposes may be leased to a city or county for one dollar per year. In leasing a portion of State Highway 84 right of way as a part of La Honda Creek Open Space Preserve, the State refused to lease the property for $1, instead charging more because the District is not a "city or county." Although this particular case represents a minor expenditure, a future lease could be much more expensive. The District's legal research into legislative intent (see, for example Government Code Section 6103) led us to the conclusion that, "city or county" actually was meant to include special districts. However, we did not prevail. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-42 (Meeting 91-09 April 10 , 1990) REPORT March 25, 1991 TO: Board of Directors FROM: Transportation Committee; G. Babbitt, T. Henshaw, and B. Crowder. SUBJECT: Transportation Committee Recommendations Recommended Actions: Accept this report and implement the following: 1 . Amend the Visitor ' s Guide to encourage carpooling and provide public transit information. 2. Expand the Public Outreach Program to include: • encouraging group visits by offering the docents for special interpretation tours; • establishing a referral program by contacting local organizations that have vans or buses and would provide transportation at little or no cost to private groups; and • promoting ride-sharing among the docents and volunteers. 3. Submit a letter from the Board to Santa Clara County Transit District asking that they look into a weekend route to Skyline Boulevard, via Highway 9 , perhaps twice a day. 4 . Disband this committee. Discussion: The Committee met on Tuesday, March 12 to review possible means of reducing the traffic impacts created by increased preserve usage and to consider alternative transportation for the public who have limited means of accessing District preserves. Since most MROSD properties are in remote areas, public buses are not recommended as an option to reduce Skyline Boulevard traffic. We do, however, strongly encourage all users of our preserves to utilize alternative transportation methods such as van pools , ride-sharing, and bicycles. Committee members agreed that these concerns would be best served through existing public relations programs and recommend disbandment of the Transportation Committee. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-45 (Meeting 91-09 April 10 , 1991) REPORT March 28 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY & PREPARATION: D. Hansen, Land Manager; S . Marioni Cochran, Associate Open Space Planner; C . Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Goldsmith Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve Recommended Action: 1 . Adopt the Preliminary Use and Management Plan for the Goldsmith property addition to the Mt . Umunhum Area of Sierra Azul Open Space Preserve , including the naming, as contained in report R-90-119 . 2 . Indicate your intention to withhold the property from dedication as public open space at this time . Discussion: At your October 24 , 1990 meeting, you approved the acquisition of the 163-acre Goldsmith property addition to the Mt . Umunhuin Area of Sierra Azul Open Space Preserve (see report R-90-119 dated October 15 , 1990) . You also tentatively adopted the Preliminary Use and Management Plan for the addition , including naming the property as an addition to the Sierra Azul Open Space Preserve , and indicated your intention to withhold the land as public open space at this time . The former property owner is responsible for removing all debris and items of personal property from the site by June 20 , 1991 . Twenty thousand dollars has been withheld in escrow to ensure that the clean-up is done in a timely and satisfactory manner. Staff will perform a final inspection when the clean-up is completed and before the funds are released. In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment . Escrow on the property closed on March 22 , 1991 . Staff has received no further public comment. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-44 (Meeting 91-09 April 10 , 1991) REPORT March 27 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert , Open Space Planner; C . Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Nature Conservancy Property Addition to La Honda Creek Open Space Preserve Recommended Actions : 1 . Adopt the Preliminary Use and Management Plan for the Nature Conservancy property addition to La Honda Creek Open Space Preserve , including the naming, as contained in report R-91-19 . 2 . Indicate your intention to dedicate the property as public open space. Discussion: At your February 27 , 1991 meeting, you approved the purchase of two parcels of land totalling 47 . 3 acres as an addition to La Honda Creek Open Space Preserve (see report R-91-19 dated February 12 , 1991) . You also tentatively adopted the Preliminary Use and Management Plan for the addition, including naming the property as an addition to La Honda creek Open Space Preserve , and indicated your intention to dedicate the land as public open space. In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment . Escrow on the property closed on March 26 , 1991 . Staff has received no further public comment . TO: Board of Director.-, FROM: H. Grench, General Manager DATE: April 1-0 , 1991 SUBJECT: FYI MAuu TOWN OF PORTOLA VALLEY NOTICE OF A PUBLIC HEARING ON CONDITIONAL USE PERMIT FOR THE WINDY HILL OPEN SPACE PRESERVE SUBMITTED BY THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND NOTICE OF PUBLIC REVIEW PERIOD OF PROPOSED NEGATIVE DECLARATION FOR SAID CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that the Planning Commission of the Town of Portola Valley will hold a public hearing on a proposed Conditional Use Permit, X7D-133, for the Windy Hill Open Space Preserve as Submitted by the Midpeninsula Regional Open Space District on April 17, 1991, 8:00 p.m. in Room 6, 765 Portola Road, Portola Valley, California. The Conditional Use Permit will establish the overall plan for development and operation of the approximately 1,132 acre preserve. The Planning Commission will consider all evidence, written: and oral pertaining to the proposed amendments. All interested persons are invited to appear before the Planning Commission to be heard at the time and place herein above mentioned. NOTICE IS HEREBY GIVEN that a proposed negative declaration regarding the above mentioned Conditional Use Permit has been prepared and is available for review. The Planning Commission of the Town of Portola Valley will consider the proposed negative declaration at its meeting of April 17, 1991 at 8:00 p.rn., in Room 6, 765 Portola Road, Portola Valley, California. The review period for the negative declaration will extend to said meeting. Comments may be submitted in writing prior to the meeting or presented at the meeting. All interested persons are invited to appear before the Planning Commission to be heard at the time and place herein above mentioned. Copies of the proposed negative declaration are available at Portola Valley Town Hall, 765 Portola Road, Portola Valley, California. Dated: /v Signed: Ellen Schillig,Planning Coordinator Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: April 10, 1991 SUBJECT: F. Y. I . THE LAW OFFICES OF ROBE RT LOOAN 0 119 1 152 NORTH THIRD STREET 91 SUITE 201-SAN JOSE,CA 95112 TELEPHONE 408.287.2156 FACSIMILE 408,280.1749 March 26, 1991 Mr. Herb Grench, Executive Director Robert J. Logan Mid-Peninsula open Space District 201 San Antonio Circle, Bldg C, Ste 135 Cecilia M. Quick Mountain View, CA 94040 Dick A.Schouten RE: Mt. Umunhum Road easement Dear Mr. Grench: For over half a year, we have patiently awaited a response from your legal counsel about the District's intentions regarding the private easement on Mt. Umunhum Road. We are frustrated by the District's inattention to this matter. Just recently your District attempted to get an exaction through the County for your trail system without even discussing it with me or my client. Please update us as to the status of these issues. In addition, it has come to our attention that, due to the Loma Prieta earthquake, at least two damaged transformers filled with PCB's are leaking into the soil at the old Air Force site. We understand that the Board of Directors is aware of this situation, but to date has failed to undertake remedial measures. It is imperative that the District address this immediately. Kindly inform us of the District's intentions with respect to the access road and the removal of hazardous materials. We look forward to your timely response. Ve"ruly yours, RJL:jjb Robert J. Logan cc: Board of Directors ,- Mid-Peninsula Open Space District Mr. Bob Holston - Santa Clara County Environmental Office of Toxic Enforcement Mr. John J. Kearns - California State Toxic Substance Control Program Loren R. McQueen Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description j --------------------------------__-- 459 53.63 Ace Fire Equipment & Service Fire Extinguisher Service Cody i 460 2,592.68 Alves Petroleum, Inc. Fuel 461 1,240.67 Baron Welding & Iron Works, Inc. Signs and Gates 462 264.24 Judith Bechtel Utilities 463 2,486.64 Big Creek Lumber Bridge Materials 464 6,189.95 Birnie Lumber and Fence Company Fence Pets and Rails 465 9,500.00 R. E. Brooker Company, Inc. Painting 466 120.00 Dr. Irene Brown Honorarium--Docent Training 467 123.05 Bruce Barton Pump Service, Inc. Pump for Water System 468 59.00 Business Radio Licensing Resource Document 469 59.93 California Water Service Company Water Service 470 96.25 Campbell's Towing Towing 471 50.00 County Park and Recreation Membership Meeting Directors Association 472 16.10 Crest Copies, Inc. Bluelines 473 344.99 Dennis Danielson Reimbursement--Field Supplies f 474 765.59 DeHart's Printing Service Printing 475 698.71 Design Concepts Consulting Services 476 19.08 Dittamer's Gourmet Meats Local. Meeting Expense 477 211.37 Emergency Vehicle Systems Radio Installation 478 810.00 Employment Development Department Unemployment Insurance 479 22,746.71 Envirosafe Gas Tanks and Installation 480 52.87 Jean Fiddes R,eimbursernent--Local Meeting Expense 481 152,836.00 Flinn, Gray & Herterich Insurance 482 25.00 Gems Galore Pipe Locator Rental 483 21.45 Gold Coast Couriers Delivery Services 484 120.27 Goodco Press Printing 485 147.66 The Good Guys Office Equipment 486 341.94 Herbert drench Out-of-Town Meeting Expense 487 11.01 Grossman's Field Supplies 488 910.11 The Home Depot Fence Materials and Electrical &IW[pment 489 1,100.00 Karen Iida Woodburning Stove 490 709.00 J & J Water Trucks Water Delivery 491 431.65 J. Thomas Jakaby Engineering Services 492 5,500.00 Jenecke & Associates Tree Removal and Trimming 493 60.00 Cary Jones Annual Service for Heater 494 61.12 Joey-Bass Inc. Publishers Resource Document 495 224.14 Michael Jurich Reimbursement--Training and Uniform Expense 496 117.40 Matthew Kerr Reimbursement--Electrical Supplies 497 488.74 Konica Business Machines Maintenance Agreement 498 192.16 John Kowaleski Reimbursement--Training and Conference Expense 499 680.31 Langley Hill Quarry Base Rock j 500 84.92 Thomas Lausten Reimbursement--Uniform Expense 501 200.00 Lopez Gardening Gardening Service--Distel Circle 502 14.00 * Las Gate Weekly Advertisement 503 776.92 Los Altos Garbage Company Dumpster Rental 504 200.00 Maigana's Building Maintenance Janitorial Services--Distel Circle *Emergencycheck issued on April 1, 1991. � Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 505 39.79 Marin Supply Company Sanitation Supplies 506 291.31 McCauley Tool and Supply Field Supplies 507 2,520.00 S.P. McClenahan Company Tree Removal 508 26.70 Micro Accounting Solutions Office Equipment 509 172.78 Minton's Lumber and Supply Field Supplies 510 4.60 Mountain View Garden Center Field Supplies 511 10,245.56 Hal Murphree and Associates, Inc. Water Tanks 512 70.62 Michael Newburn Reimbursment-Uniform Expense 513 84.63 Nonvey's of Mountain View Office Supplies 514 193.95 Orchard Supply Hardware Electrical Supplies 515 1,157.14 Pacific Bell Telephone Service 516 1,624.80 Pacific Gas & Electric Company Utilities 517 200.00 Park Rangers Association Fire Training of California 518 305.67 Loro, Paterson Reimbursement--Conference Expenses 519 5.62 Peninsula Blueprint Maps 520 270.55 Port-0-Let Sanitation Service 521 2,000.00 Postage by Phone Postage 522 7,812.50 Prudential Bache Securities Remarketing Agreement 523 4.27 Rancho Hardware Paint 524 92.46 Redwood Trading Post First Aid Supplies 525 2,373.43 Reed & Graham, Inc. Asrbalt Supplies III526 296.00 Rescue Rooter Plumbing Repairs 527 567.97 J. L. Rice Trucking Base Rock 528 154.33 Rich's Tire Service Tires 529 1,294.87 Roberts & Brune Company Plumbing Materials 530 8,900.00 Ramtec, Inc. Underground Vault 531 490.19 Ray's Repair Service Vehicle Repairs 532 49,645.25 County of San Mateo Property Tax Administrative Costs 533 1,570.56 Santa Clara County Sheriff's Patrol Services Department 534 9,612.02 Seafirst Bank Note Paying Fees 535 641.88 Sears Field Equipment 536 1,120.00 E. R. Sheehan Consulting and Machine Rental 537 151.91 Shell Oil Company Fuel 538 2,732.17 John Shelton, Inc. Culverts 539 51.73 Skyline County Water District Water Service 540 256.02 Summit Uniforms Uniform Expense 541 45.00 Sunnyvale Towing Towing 542 31.30 Super Cal Express Sanitation Chemicals 543 46.35 Suzanne's Muffins District Tour Refreshments 544 46.01 Tooland Equipment Parts 545 46.00 David Topley Reimbursement--Training Fees 546 97.78 Unocal Fuel 547 19.21 Value Business Products Office Supplies 548 6.88 Wear Guard Uniform Expense 549 575.00 West Valley College Training Classes 550 150.00 Whole Access Consulting Services **Emergency check issued on April 4, 1991. Claims No. 91-07 Meetina 91-09 Date: Aur. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------- ----------------------------------------------------------- 505 39.79 Marin Supply Company Sanitation Supplies 506 291.31 McCauley Tool and Supply Field Supplies 507 2,520.00 S.P. McClenahan Company Tree Removal 508 26.70 Micro Accounting Solutions Office Eauipment 509 172.78 Minton's Lumber and Supply Field Sunulies 510 4.60 Mountain View Garden Center Field Supplies 511 10,245.56 Hal Murphree and Associates, Inc. Water Tanks 512 70.62 Michael Newburn Reeimbursment--Uniform Exoense 513 84.63 Norney's of Mountain View Office Supplies 514 193.95 Orchard Supply Hardware Electrical Supplies 515 1,157.14 Pacific Bell Telephone Service 516 1,624.80 Pacific Gas & Electric Company Utilities j 517 200.00 Park Rangers Association Fire Training 1 of California 518 305.67 Loro Paterson Reimbursement--Conference Expenses 519 5.62 Peninsula Blueprint Mans 520 270.55 Port-O-Let Sanitation Service 521 2,000.00 Postaae by Phone Postaae 522 7,812.50 Prudential Bache Securities Remarketing Agreement 523 4.27 Rancho Hardware Paint 524 92.46 Redwood Trading Post First Aid Supplies 525 2,373.43 Reed & Graham, Inc. Asphalt Supplies 526 296.00 Rescue Rooter Plumbing Repairs 527 567.97 J. L. Rice Trucking Base Rock 528 154.33 Rich's Tire Service Tires 529 1,294.87 Roberts & Brune Company Plumbing Materials 530 8,900.00 Rantec, Inc. Underground Vault 531 490.19 Roy's Repair Service Vehicle Repairs 532 49,645.25 County of San Mateo Property Tax Administrative Costs 533 1,570.56 Santa Clara County Sheriff's Patrol Services Department 534 9,612.02 Seafirst Bank Note Paving Fees 535 641.88 Sears Field Eaaipment 536 1,120.00 E. R. Sheehan Consulting and Machine Rental 537 151.91 Shell Oil Ccmpany Fuel 538 2,732.17 John Shelton, Inc. Culverts I 539 51.73 Skyline County Water District Water Service 540 256.02 Summit Uniforms Uniform Expense 541 45.00 Sunnyvale Towing Towing _ 542 31.30 Super Cal Emress Sanitation Chemicals 543 46.35 ** Suzanne's Muffins District Tour Refreshments 544 46.01 Tooland Equiprent Parts _ -imbur-semen-T-raining Fees - 546 97.78 Unocal Fuel 547 19.21 Value Business Products Office Sumlies 548 6.88 Wear Guard Uniform Expense 549 575.00 West Valley College Training Classes 550 150.00 Whole Access Consulting Services 551 330.38 Petty Cash Office and Field Supplies, Maps, Tour Expenses, Uniform Expense, Private Vehicle Expense, Seminar and Trainina Exoenses **Emergency check issued on April 4, 1991. Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 459 53.63 Ace Fire Equipment & Service Fire Extinguisher Service Company 460 2,592.68 Alves Petroleum, Inc. Fuel 461 1,240.67 Baron Welding & Iron Works, Inc. Signs and Gates 462 264.24 Judith Bechtel Utilities 463 2,486.64 Big Creek Lumber Bridge Materials 464 6,189.95 Birnie Lumber and Fence Company Fence Posts and Rails 465 9,500.00 R. E. Brooker Company, Inc. Painting 466 120.00 Dr. Irene Brown Honorarium--Docent Training 467 123.05 Bruce Barton Pump Service, Inc. Pump for Water System 468 59.00 Business Radio Licensing Resource Document { 469 59.93 California Water Service Company Water Service 470 96.25 Campbell's Towing Towing 471 50.00 County Park and Recreation Membershio Meetina Directors Association 472 16.10 Crest Copies, Inc. Bluelines 473 344.99 Dennis Danielson Reimbursement--Field Supplies 474 765.59 DeHart's Printing Service Printing 475 698.71 Design Concepts Consulting Services 476 19.08 Dittmer's Gourmet Fats Local Meeting Expense 477 211.37 Emergency Vehicle Systems Radio Installation 478 810.00 Employment Development Department Unemployment Insurance 479 22,746.71 Envirosafe Gas Tanks and Installation 480 52.87 Jean Fiddes Reimbursement--Local Meeting Expense 481 152,836.00 Flinn, Gray & Herterich Insurance 482 25.00 Gems Galore Pipe Locator Rental 483 21.45 Gold Coast Couriers Delivery Services 484 120.27 Goodco Press Printing 485 147.66 The Good Guys Office Equipment 486 341.94 Herbert Grench Out-of-Town Meeting Expense 487 11.01 Grossman's Field Supplies 488 910.11 The Hone Depot Fence Materials and Electrical Equipment 489 1,100.00 Karen Iida Woodburn.ing Stove 490 709.00 J & J Water Trucks Water Delivery 491 431.65 J. Thomas Jakaby Engineering Services 492 5,500.00 Jenecke & Associates Tree Removal and Trimming 493 60.00 Cary Jones Annual Service for Heater 494 61.12 Jossey Bass Inc. Publishers Resource Document 495 224.14 Michael Jurich Reimbursement--Training and Uniform Expense 496 117.40 Matthew Ken Reimbursement--Electrical Supplies 497 488.74 Konica Business Machines Maintenance Agreement ! 498 192.16 John Kowaleski Reimbursement--Training and Conference Expense 499 680.31 Langley Hill Quarry Base Rock 500 84.92 Thomas Lausten Reimbursement--Uniform Expense 501 200.00 Lopez Gardening Gardening Service--Distel Circle 502 14.00 * Los Gatos Weekly Advertisement 503 776.92 Los Altos Garbage Company Dumpster Rental 504 200.00 Magana's Building Maintenance Janitorial Services--Distel Circle *Emergency check issued on April 1, 1991. Claims No. 91-07 M,eetina 91-09 Date: Apr. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------------------N--------------------------------------------------------- 505 39.79 Marin Supply Company Sanitation Sur_splies 506 291.31 McCauley Tool and Supply Field Supplies 507 2,520.00 S.P. McClenahan Company Tree Removal 508 26.70 Micro Accounting Solutions Office Eauipment 509 172.78 Minton's Lumber and Supply Field Supplies 510 4.60 Mountain View Garden Center Field Supplies 511 10,245.56 Hal Murphree and Associates, Inc. Water Tanks 512 70.62 Michael Newborn Reimbursment--Uniform Expense 513 84.63 Norney's of Mountain View Office Supplies 514 193.95 Orchard Supply Hardware Electrical Supplies 515 1,157.14 Pacific Bell Telephone Service 516 1,624.80 Pacific Gas & Electric Canpany Utilities 517 200.00 Park Rangers Association Fire Training of California 518 305.67 Loro Paterson Reimbursement--Conference Expenses 519 5.62 Peninsula Blueorint Maps 520 270.55 Port-O-Let F Sanitation Service 521 2,000.00 Postage by Phone Postage 522 7,812.50 Prudential Bache Securities Remarketing Agreement 523 4.27 Rancho Hardware Paint 524 92.46 Redwood Trading Post First Aid Supplies 525 2,373.43 Reed & Graham, Inc. Asphalt Supplies 526 296.00 Rescue Rooter Plumbing Repairs 527 567.97 J. L. Rice Trucking Base Rock 528 154.33 Rich's Tire Service Tires 529 1,294.87 Roberts & Brune Company Plumbing Materials 530 81900.00 Rantec, Inc. Underground Vault 531 490.19 Roy's Repair Service Vehicle Repairs 532 49,645.25 Countv of San Mateo Property Tax Administrative Costs 533 1,570.56 Santa Clara County Sheriff's Patrol Services Department 534 9,612.02 Seafirst Bank Note Paving Fees 535 641.88 Sears Field Equipment 536 1,120.00 E. R. Sheehan Consulting and Machine Rental 537 151.91 Shell Oil Canpany Fuel y 538 2,732.17 John Shelton, Inc. Culverts 539 51.73 Skyline County Water District Water Service 540 256.02 Summit Uniforms Uniform Expense 541 45.00 Sunnyvale Towing Towing 542 31.30 Suoer Cal Express Sanitation Chemicals 543 46.35 ** Suzanne's Muffins District Tour Refreshments 544 46.01 Tooland Equipment Parts M im ursement-Train ng-Fees- - 546 97.78 Unocal Fuel 547 19.21 Value Business Products Office Supplies 548 6.88 Wear Guard Uniform Expense 549 575.00 West Valley College Training Classes 550 150.00 Whole Access Consulting Services 551 330.38 Petty Cash Office and Field Supplies, Maps, Tour Expenses, Uniform Expense, Private Vehicle Expense, Seminar and Training Expenses **Emergency check issued on April 4, 1991. Claims No. 91-07 Meeting 91-09 Date: Apr. 10, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 552 40.98*** Florentine Pasta Shop Meeting Expense 553 770.39** San Mateo County Tax Collector Property Taxes 554 1 ,459.67*** San Mateo County Tax Collector Property Taxes 555 2,000.53*** Santa Cruz County Tax Collector Property Taxes ***Emergency checks issued on April 10, 1991 I I