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Home My Public Portal About19931027 - Agendas Packet - Board of Directors (BOD) - 93-21 Open .Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Meeting 93-21 REGULAR MEETING BOARD OF DIRECTORS AGENDA 5:45 P.M. 330 Distel Circle Wednesday Los Altos, California October 27, 1993 (5:45) * ROLL CALL CLOSED SESSION (Personnel Matters) (7:30) ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ***' ADOPTION OF CONSENT CALENDAR -- B. Crowder *** APPROVAL OF MINUTES October 13, 1993 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Introduction of Trail Patrol Volunteers -- J. Young *** 2. Approval of Memorandum of Agreement with Local 715 -- J. Fiddes Resolution Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715, Service Employees International Union, AFL-CIO/CLC (7:55) 3. Finance Committee Recommendation on Alternative Funding Mechanisms -- R. McKibbin (8:10) 4. Committee Consolidation -- C. Britton *** 5. Notice of Contract Completion for the Blacksmith Shop Restoration Project at the Picchetti Ranch Area of Monte Bello Open Space Preserve -- R. Anderson *** 6. Authorization to Apply for a Santa Clara County Historical Project Grant for the Grant House at Rancho San Antonio Open Space Preserve -- R. Anderson Resolution Approving the Application for Grant Funds Under the Santa Clara County Historical Project Funding Program for the Following Project: Grant House Historic Restoration Completion *** 7. November Meeting Schedule -- C. Britton Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit (8:20) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and Personnel Matters) ADJOURNMENT i *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. Please fill out the speaker's form so your name and address can be accurately included in the minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion unless a Board member removes an item from the consent calendar for separate discussion. A member of the public may request under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEL+'I'INGS The Resource Management Committee will meet on Thursday, November 4, 1993 beginning at 7:30 P.M. at the District office. The purpose of the meeting will be to discuss the draft outline of the policy document. The 20th Anniversary Committee will meet on Thursday, December 2, 1993 beginning at 5:30 P.M. at the District office. The purpose of the meeting will be to close out 20th Anniversary events. Meeting93-20 Page 2 Deer Hollow Farm; and approval of revised claims 93-17. P. Siemens seconded the motion. The motion passed 5 to 0. Director Crowder was not present for the vote. VI. BOARD BUSINESS A. Mid-Year Proeram Evaluation for 1993-1994 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District (Report R-93-107) J. Fiddes highlighted the progress of the acquisition program since April 1 which included the critical importance of the purchase of the Norton property and an update on the proposed auction of the surplus "Teague Hill" property. P. Siemens requested that staff report at the next meeting whether the effective interest on the purchase of the District's administrative building at 330 Distel Circle was being covered by the rent of excess office space. R. Anderson, reporting on the planning program, stated that the planning staff had emphasized balancing efforts on short-term and long-term planning and implementation objectives. He reported that, in addition to the completed projects and progress contained in the report, the planning group had attended 83 outside meetings on 34 various inter urisdictional meetings, and 22 meetings on 17 various use and management issues. At the request of Directors McKibbin and Crowder, R. Anderson gave a brief update on negotiations with National Aeronautics and Space Administration (NASA) for the portion the Bay Trail at Moffett Field, an explanation of the District's participation in the Santa Cruz Mountains Biodiversity Task Force, and a description of the planning program's proposed comprehensive policy document. J. Escobar reported on the operations program. He stated that accomplishments in the operations program continue to be made with the work of 31 regular employees, a number of seasonal employees, and hundreds of volunteers. He reported that the critical past winter storm problems were corrected without delay this year, and that public concerns about repairs were at a record low. He said that the work was done efficiently, due in large part to the good regular operations staff and the experienced seasonal staff who were hired this year. J. Escobar said that union negotiations were almost completed, that the ranger residence policies would be revised for Board adoption, and that the bicycle patrol pilot program draft would be delivered to the union before the end of November. He reported that the increase in accidents on District preserves seemed to be proportionate with increased use. P. Siemens commented that the Board should consider changing its helmet regulation at Rancho San Antonio Open Space Preserve by December to be consistent with the state law which becomes effective January 1 1994. i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-20 REGULAR MEETING BOARD OF DIRECTORS October 13, 1993 MINUTES I. ROLL CALL Vice-President Ginny Babbitt called the meeting to order at 7:30 P.M. Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Teena Henshaw, Robert McKibbin, and Pete Siemens. Members Absent: Nonette Hanko. Personnel Present: Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith, and Deborah Zucker. II. ORAL COMMUNICATIONS There were no oral communications. III. SPECIAL ORDER OF THE DAY M. Smith stated that the resolution and a photograph of Purisima Creek Redwoods Open Space Preserve would be presented to a team at Apple who participated in a volunteer project at the preserve and donated field maintenance equipment including two power pruners and an Alaskan mill. Motion: R. McKibbin moved that the Board adopt Resolution 93-33, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring Apple MBA Class 5 Destination Unknown. P. Siemens seconded the motion. The motion passed 5 to 0. Director Crowder was not present for the vote. IV. ADOPTION OF AGENDA G. Babbitt stated that the agenda was adopted by Board consensus. V. ADOPTION OF CONSENT CALENDAR Motion: R. McKibbin moved that the Board adopt the consent calendar, including approval of minutes of September 22, 1993 regular meeting; approval of responses to written communications from Judith Fawcett, 2476 Porterfield Court, Mountain View, regarding dogs on open apace preserves, and from Dena K. Bonnell, Mayor, City of Mountain View, regarding participation in discussions about the future operations of n . . for room breathe 20th Anniversary 1972-1 92 Open Space . o 0o to y 9 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager.Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Croyvder,Wim de Wit i e • + Meeting 93-20 Page 4 J. Escobar reported on twd bicycle accidents on District preserves, a break-in at the Daniels Nature Center, the recovery of a missing person briefly after his separation from a group at Rancho San Antonio Open Space Preserve, a wildfire at Fremont Older Open Space Preserve, and District employees participation at an upcoming South Skyline Association chili cook-off on October 24. R. Anderson said that two interns from Stanford were selected to work on District planning projects. He also reported that the Bay Area Ride Trail Council had ad r�ue sted that the Dis trict ct adopt a resolution asking the San Francisco Water District to include commu nity advis ors sors on its existing technical committees for the district's water management plan. G. Babbitt reported on the Do g Commit tee workshopmeeting held in Lo g s Altos, saying that although the meeting was attended almost exclusively by people in favor of canine ac cess cces s on the preserves, the committee also receives comm ents from others opposing expanding access to dogs. She announced that the Board's staff recognition event would be held on Thursday, December 2. VIII. CLOSED SESSION J. Fiddes announced that labor negotiations would be discussed in Closed Session. The Board recessed to Closed Session on labor negotiations at 9:15 P.M. IX. ADJOURNMENT The meeting was adjourned at 10:15 P.M. i Deborah Zucker Recording Secretary I Meeting 93-20 Page 3 Discussion followed with Board recommendations to expand the docent program to offer more interpretive training and docent volunteer recruitment focusing on children's programs to be taken to the schools. M. Smith reported on the public affairs program. He said that the District was in g more public con tact wit h various new groups on a re gular ul g ar b . P g basis as art of its general P r or . am emphasis.program Discussion followed about giving in-school presentations priori over other educational activities �'and the Board recommended several potential schools contacts. � M. Smith briefed the Board on the Finance Committee's activities, noting the committee would report to the Board at the October 27 meeting. J. Fiddes reported on general management and program support, emphasizing efforts focused to protect the District's tax revenue, and on the management team approach that was undertaken to coordinate and direct District activities. M tion: B. Crowder moved that the Board accept the 1993-1994 mid-year program evaluation as contained in report - - y P gram . p R 93 107 and resented P b staff. R. McKibbin seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS R. McKibbin stated that there would be a Special Districts Forum breakfast meeting on October 22 as part of the National Recreation and Parks Association National Conference in San Jose. J. Fiddes stated that, with the Board's concurrence, the November regular meetings would be rescheduled because of the Veterans Day and Thanksgiving Day holidays and that a single meeting would be held on Wednesday, November 17, 1993. Board members concurred that the item to reschedule the meeting would be on the October 27 agenda for Board approval. B. Crowder stated that the Board would meet in closed session at 5:45 p.m. before the regular Board meeting on October 27, 1993, to review the organizational improvement follow-up survey. I She said that the study session would be conducted by George Sipel. I M. Smith reported that media training sessions were scheduled for Board members on October 19 and November 3. P. Siemens reported on a presentation to the Los Gatos Photographic Guild. He said that the Saratoga City Council discussed sphere of influence expansion at its most recent meeting and that the city was going to alternatively pursue an agreement with the County of Santa Clara for planning and development approval. He said he had talked with David KnappLos Gat os city j manager, regarding the Jones Trail; Mr. Knapp would be forwarding information to C. Britton. i Claims No. 93 17 Da )ct. 13, 1993 REViz�ED R4IDPENINSULA REGIONAL OPENSPACE DISTP.ICT # :�n i escr p�i Cia Nam 4872 5,194.76 Merwin Place Consulting Services 4873 600.00 Magana's Building Maintenance _ Janitorial Services 4874 11000.00 Dr. Samuel PSI. McGinnis Stream. Study--Devil Is Canyon 4875 269.54 Meyer Appliance Appliance--Ranger Residence 4876 75,000.00 Catherine Meyer/Law Offices of Settlement Robert Logan A077 191.48 Minton's Lumber & Supply Field supplies 4878 25.00 Motorola Antenna Site Rental 4879 175.00 National Recreation and Park Registration--Craig Britton Association Congress Registration 4880 968.07 Nobel Ford Tractor, Inc. Tractor ReQirs and Parts 4881 41.29 northern Energy Propane Fuel 4882 211.71 National Mailing Services rail Newsletter Mailing j 4883 415.84 Pacific Bell Telephone Service 4884 74.34 Peninsula Blueprint, Inc. Bluecrints 4835 539.62 PIP Printing--Hires & Walks 4886 153.05 Pitney Bowes Credit Corporation. PAailing Machine Rental 4887 11000.00 Postage by Phone Postage 4888 10.62 Precision Engravers, Inc. Namebad-ge 4880 4.00 Rancho Cleaners Uniform E;mense 4890 32.50 Rayne of San Jose Water Service 4891 136.83 Reed & Graham Asphalt 892 1,Q78.24 Regal Dodge Vehicle Repairs 4893 11302.86 Eric Remington Wildlife Survey--Devil's Canyon 4894 788.59 Rich's Tire Service Tires 4895 11881.96 Roy's Renair Service Vehicle Repairs and Maintenance 4896 274.79 S & W Garden Equipment Equipment Rental and Repairs 4897 1,506.73 1-M-ndis Humber Jones Grading Plan--Rancho Field Office 4898 203.14 David Sanguinetti Reimbursement--Field Supplies 4809 29.07 San Jose MercuryNecvs Rl criotion 4900 500.00 Count• ,7 of Santa Clara Record �.1.,.f Surv ey vey Filing 4901 350.00 Santa Clara County Environmental Permit Health Services 4902 18.00 Select Newspaper Group Subscription 4003 20,070.00 Sevan Construction, Inc. Construction--Rancho Field Office 4904 134.33 Shell Oil C an'r' E`uel 4905 1.353. 13 Shoreline Printing &: Graphics Printi'�nrc--Poster 4906 220.00 Signet Testing La Jj Testing Services--Rancho Field Office 4907 551.07 Signs of the Times Signs 4908 2,175.00 George Sipe-1 Personnel Consulting Services 4909 47.47 Smith Equipment Equipment Part 4910 225.14 Malcolm Smith Reimbursement--Equipment and Private Vehicle Fxpense 4911 2,608.30 Jana Sokale Consulting Services--Nature Center 4912 728.00 Sterling Underground Construction Septic Tank Pumping and Repairs 4013 270.63 Teater & Etc. ArtworA:-Signs 4914 11.37 Unocal Fuel 4915 1,900.45 Valley Oil Ccmparry Fuel 4916 112.7A Vermeer Equipment Equipment Part 4917 70.00 Volu nteer Exchan e - i g Recr strati - an C.Bruins and D.Dolan IA4918 171. Y L7dZ �2rvices_Pcr._ o-Let Sanitation Services 4919 l. a 291.56 The 6brkingman Emporium Uniform E:.-pense 4920 46.50 Joan Young Reimbursement--Volunteer Training Patrc Refreshments , Cla ,o. 93-17 Mee 93-20 Date: Oct. 13, 1993 REVISED MIDPENItTSULA REGIONAL OP T SPACE DISTRICT # Name Description ------------------------------------------------------------------------------- 4821 87.99 Ace Fire E�,aipment Service Exting'aisher Service -_ 4822 291.71 Acme & Sons ..imc c itation services 4823 1,024.25 Albrig ht gh Seed Cc;rt ue F��' ed.- 4824 300.00 Alert Door Service, Inc. Door Repairs 4825 282.95 America:, Telephone & Telegraph Telephone Maintenance 4826 35.10 Artech Laminating Equipment 4827 81.08 Barron Park Supply Co. Plumbing Supplies 4828 116.00 Bruce Barton PLm, Service Water Tank. Repair 4829 155.00 Bay Area Water Tr.a.ccl.;� Water Delivery 4830 125.00 Craig Beckman Boot Repair 4831 192.25 Big Creek Lumber Building Supplies 4832 25.38 Bimark, Inc. Anniversary P4r 4833 11168.50 Binkle Associates Y Coiutzlt.:,ng - .C.+k' ii,e Wetter te+Tt 4832 910.00 Brian Kangas Faulk Engineering Services 4835 750.01 L. Craig Britton Professional Conference 4836 163.50 Cabela's Inc. Uniform Supplies 4837 110.00 Cambell's Towing Towing Service A 838 100.00 Coastside Prof lame Fuel -T J V 4839 207.75 Barrie D. Coate Arborist - Weeks Road 4840 34.61 Annette ColEman Reimbursement--Supplies 4841 140.30 CQT Il1i Cat1Qn & Con trol.,Oii T.nc. Utilities es 4842 79.02 Patrick Congdon Reimburse, --Building Supplies 4843 219.61 Ed Corekin Enterprise Repairs 4824 1,894.85 Design Concepts Design and Prcdaction -Regulatio,,s Book. ' and Newsletter 4845 7,325.80 Earth Systems Consultants Geotechnical Engineering Services 4846 80.00 East Bay Regional Park District Docent Training 4847 1,912.17 Emergency Vehicle Systems District Vehicle Equuiprent 4848 981.34 David Fisher Legal Services 4849 46.44 Foster Brothers iiez-s 4850 410.27 Fry's Electronics Office Equipment 4851 129.85 Garcia tNbll & Pump Ccmpany Enterprise Repair 4852 291.52 Gardenland Powerr ui,tent M Equipment Parts & Repairs 4853 46,477.60 Geotechnical Management, Inc. Services--Skiline Ridge Eater S.stEn 4854 191.63 Herbert Gr ench Consu.14-i ng EApenses 4855 95.7E Mary Gundert Reimbursement--Private Vehicle Exoense 485E 112.47 Sharon Hall Photography Slides and Prints I 4857 111.23 Hengehold Motor Company Equipment Rental 4858 1,334.12 Hertz Eqaipment Rental Corp. Backhoe Rental 4859 80.00 Hone•�11 Protection Services Alarm Service 4860 281.45 Fester Sales C-npaxri Equipment Rental 4861 429.63 Image Technology, Inc. Artwork-Maps 0 A 4 v62 7z.19 Kaiser Cement Corp. Base P..ock 4863 75.00 FLTcrm Kidder Honarariam--Docent Training 4864 158.05 Keeble & Shuchat Photography Frame, Prints and Photo Processing 4865 638.36 Dennis Kobza & Associates, Inc. Architectural Services--Rancho Field Office 4866 455.27 Konica Business Machines Copier Maintenance AgreEnent 4867 63.95 Lab Safety Supply, Inc. Safety Supplies 4868 75.20 Judy Law Private Vehicle E-mense 4869 805.74 Life Assist, Inc. Medical Supplies 4870 200.00 Lopez. Gardening Service Gardening Service 4871 637. 81 Los Altos Garbage Company Dempster Rental Cla' `10. 93-17 4 Mee 93-20 Date: Oct. 13, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ------------------------------------------ 4921 2,858.20 National Mailing Services Brochure Mailing Y922 72.00 Dimas Labels 4923 362.76 Peat, Cash Local Meeting Expenses, Field and Offic. Supplies, Film and Developing, Train.-: Registration Fee, Docent and Voluntec E,' penses a:d3. Private Vehicle &Tense Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-110 Meeting 93-21 October 27, 1993 AGENDA ITEM Introduction of Trail Patrol Volunteers ACTING GENERAL MANAGER'S RECOMMENDATION t i Welcome the new volunteer trail patrol members. DISCUSSION The District's inaugural group of trail patrol volunteers completed its training on October 2. After an extensive recruitment, staff interviewed and selected 28 enthusiastic equestrians, hikers, and bicyclists to be trail patrol volunteers. The initial response was so great that there is now a waiting list of people interested in joining the program. The training, which consisted of two evening classes and one field session, included sections on safety, District land use regulations, trail conditions, trail courtesy, radio communications, reporting procedures, and District history and philosophy. A role-playing exercise on making positive public contacts was a highlight of the training. We welcome the following people to our volunteer program: Ray Alley, San Jose Barrie Freeman, Los Altos Hills Mark Prusinowski, San Jose Lisa Bartschat, Mountain View Bob Kain, San Jose Michal-Anne Quackenbush, Steffen Bartschat, Mountain View Linda Keeble, San Carlos Cupertino Clara Buellesbach, Campbell Ken Knaus, Sunnyvale Brian Reeves, San Jose Jerry Cooley, Cupertino Steve Mayzels, Cupertino Betty Salveter, Los Altos Diana Cooley, Cupertino Mike Monegan, Los Altos Steve Salveter, Los Altos Carmina Dayaw, Mountain View Jill Kilty Newburn, Los Altos Barry Shafer, Belmont Geoffrey Dowd, Santa Clara Kathleen Okamoto, Mountain View Peta Terwilliger, Palo Alto Peter Fournier, San Jose Bryan Osborne, La Honda Valorie Weizer, Cupertino _ Nancy Passal, Woodside Mike Weston, San Jose Prepared by: Carleen Bruins, Visitor Services Supervisor Contact person: Joan Young, Volunteer Coordinator Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 19 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit MEMORANDUM October 22, 1993 TO: Board of Directors FROM: Jean Fiddes We're still in the process of incorporating all the tentative agreements into the 40+-page contract document. We'll be delivering the final document to you on Monday or Tuesday. i 1 f Open Space ------------------------ R-93-114 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-21 October 27, 1993 AGENDA ITEM Approval of Memorandum of Agreement with Local 715 ACTING GENERAL MANAGER'S RECOMMENDATIO Adopt the accompanying resolution approving the Memorandum of Agreement with Local 715, Service Employees International Union, AFL-CIO/CLC, for a term of April 1, 1993 through March 31, 1995. DISCUSSION The District entered into contract negotiations in January, 1993 with Local 715, Service Employees International Union, AFL-CIO/CLC, the exclusive bargaining representative for the purpose of labor relations for the District's open space technicians, lead open space technicians, rangers, and equipment mechanic-operator. In March, 1993 the bargaining unit ratified a tentative agreement reached between the Union and the District in February to defer negotiations for a successor agreement until after the passage of the 1993-1994 state budget when its impact on District funding would be known. The current two-year contract with S.E.I.U. Local 715 would have expired on March 31, 1993. Contract negotiations began again in August, 1993. Local 715's negotiating committee included B. W. (Rusty) Smith, Senior Field Representative for Local 715, lead open space technician Michael Jurich and rangers Matt Ken and Phil Hearin. The District's negotiating committee included Richard Bolanos of Whitmore, Johnson & Bolanos of Mountain View, operations manager John Escobar, and employee relations officer Jean Fiddes. The open space technicians, lead open space technicians, rangers, and equipment mechanic-operator ratified the proposed two-year Memorandum of Agreement, which is being presented to you for approval, on October 19, 1993. The proposed Memorandum of Agreement includes twenty-two articles and four appendixes, including guidelines for a 4/10-schedule pilot project for District rangers. A 4/10 schedule is defined as four consecutive ten-hour work days preceded by or followed by three consecutive days off. OpenP OP Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 ED General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit t —� Report R-83-114 Page two The following summary of the 1993 contract negotiations highlights salient points of the proposed Memorandum of Agreement, particularly items that differ from the current contract. The entire agreement is available at the District office for public inspection. g P P� Prepared by: Jean Fiddes, Employee Relations Officer John Escobar, Operations Manager Contact Person: Jean Fiddes, Employee Relations Officer SUMMARY OF 1993 CONTRACT NEGOTIATIONS Article 1 - Preamble •No changes Article 2 - Union Recognition/Security •Agency Fees with stipulated rights to end by vote (includes conscientious objector provision) Safety Committee • Removes classifications specific requirements for representatives P� � *No more than two representatives from any geographical area Article 3 - No Discrimination *Language revision Article 4 - District Rights •No changes Article 5 - Schedules, Overtime and Call-Back Time j Work Period •OST, Lead OST, EMO - work period specified as eight continuous hours Compensatory Time *Raise accrual limit from 36 to 40 hours Court Appearance *Rangers who must appear in court outside of regular work hours will be paid for a minimum of three hours at time and one-half i Ranger 4-day Work Week - Pilot Project •When staffing levels permit, the District will offer two 4/10 schedule opportunities Article 6 - Modified Duty •Minor wording changes Article 7 - Compensation and Benefits Compensation •Effective April 1, 1993 - 2.5 point increase •Effective April 1, 1994 - 2.5 point increase Benefits •Add Long Term Disability Insurance Coverage (fully paid by District) *Add Employee Assistance Program (fully paid by District) •Add retired employee eligible to participate in group health plan at employee's expense Promotiom,. ompensation *Prorates anniversary date for promotional compensation purposes •Clarifies promotional pay Night Shift Differential •Defines period of eligibility of 7:00 p.m. to 6:00 a.m. Night shift differential remains at $1.25 per hour Split-Shift Differential *Worker will receive a $20 per workday for each split-shift actually worked Article 8 - Evaluations and Merit Pay Evaluation Form •Minor changes to incorporate new Lead Open Space Technician position and organizational changes Article 9 - Uniforms Uniform Allowance •Year 1 increase: ranger $10, others $25 •Year 2 increase: ranger $20, others $20 *Workers may use uniform allowance to purchase optional uniform items •Pro-rated uniform allowance available at end of probationary period Uniform Committee 0Recommendations to the Operations Manager and responses to the committee must now be in writing Article 10 - Vacation Scheduling •Minor change in requests due dates Article 11 - Holidays and Personal Leave Calendar •Incorporates holiday dates for contract's term •Various changes to incorporate 4/10 scheduling detailed in scheduling article *Permits use of Christmas holiday hours anytime after December 1 if employee scheduled to work the holiday Article 12 - Leaves of Absence With Pay Usage *May use up to 6 days per year for immediate family members and domestic partners Reporting *Use of sick leave for non-urgent health care appointments requires 72 hours advance written notice to supervisor •Worker must attempt to speak to a supervisor when calling in sick Article 13 - Leaves With-, Pay Family Care and Disability Leave •Grants leave to employees meeting the criteria of the Family Care Leave Act •A maximum of six months in a twelve month period for employee disability. Employee may be required to use vacation and sick leave accruals for last two months •A maximum of four months in a twelve month period for family care uses •May be extended to one year by the General Manager Adjustment of Anniversary Date *Language clarified Article 14 - Tuition reimbursement •Minor changes to approval process Article 15 - Grievance Procedure •Minor language changes to reflect reorganization I I Article 16 - Layoffs •No changes Article 17 - Disciplinary Procedure Language changes to reflect reorganization Grounds for Discipline *Adds failure to report suspension or revocation of driver's license Notice of Investigation *Adds District requirement to keep worker apprised of progress and probable completion date Electronic Recording *District can record investigatory interviews provided worker receives advance written notice. All other recording requires mutual agreement i Article 18 - Probationary Period *Extends 9-month probation period to all ranger appointees including promoted employees Article 19 - No Strikes/Lockouts •No changes Article 20 - Effect of Agreement •No changes Article 21 - Savings Clause •No changes Article 22 - Term of Agi.._.nent •April 1, 1993 - March 31, 1995 Appendix A - District Salary Ranges Appendix B - Provided Uniform Items O Designates color of uniform parts Appendix C - Catastrophic Leave Program *Previously adopted by Board Appendix D - 4/10 Pilot Project Guidelines •Details guidelines for 4/10 work schedule for rangers I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND LOCAL 715, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO/CLC WHEREAS, Local 715, Service Employees International Union, AFL-CIO/CLC is the exclusively recognized employee organization for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, and Equipment Mechanic-Operator; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District and Local 715 have completed negotiations for a Memorandum of Agreement for a term of April 1, 1993 through March 31, 1995; and WHEREAS, the District employees represented by Local 715 ratified the tentative Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does approve the Memorandum of Agreement between Local 715, Service Employees International Union AFL-CIO/CLC and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof. i i Agreement between SEIU Local 715 and Midpeninsula Regional Open Space District i April 1, 1993 - March 31, 1995 l i I TABLE OF CONTENTS ARTICLE 1 - PREAMBLE 1 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 . . . . . . . . . . . . . . . . . . . . 3 A. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Visit by Field Representative . . . . . . . . . . . . . . . . . . . . . 3 Section 2.6 - Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.7 - Safety Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 - NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 4 - DISTRICT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME . . . . . . . . . . . 4 Section 5.1 - Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Work Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Overtime 4 C. Compensatory Time Off . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 5.2 - Call-Back Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A. Rest Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Meal Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Court Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 5.3 - Rangers' 4/10 Pilot Project . . . . . . . . . . . . . . . . . . . . . 6 A. Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Clarification of Contract Provisions . . . . . . . . . . . . . . . . . 6 C. Review and Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 6 - MODIFIED DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 7: COMPENSATION AND BENEFITS . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.1 - Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.2 - Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A. Medical Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Dental Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Vision Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 D. Basic Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 E. Optional Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 F. Part-Time Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 G. State Disability Insurance (SDI) 10 H. Employee Assistance Program (EAP) . . . . . . . . . . . . . . . 10 1. Long-Term Disability Plan . . . . . . . . . . . . . . . . . . . . . . . 10 i Section 7.3 - Promotional Compensation 10 Section 7.4 - Acting Appointments 11 Section 7.5 - Added Ranger Disability Coverage . . . . . . . . . . . . . . . 11 Section 7.6 - Night Shift Differential 11 Section 7.7 - Split-Shift Differential . . . . , , , , , , Section 7.8 - Paychecks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 8 - EVALUATIONS AND MERIT PAY Section 8.1 - General Evaluation Procedures . . . . . . . . . . . . . . . . . 12 Section 8.2 - Schedule Of Evaluations . • . . 12 A. Probationary Workers . . . . . . . . . . . . . . . 12 B. Regular Workers . . . . . . . . . . . . . . . . . . . . . 13 Section 8.3 - Overall Ratings/Merit Increases . . . . . . . . . . . 13 A. Meets Standard . . . . . . . . . . . . . . . . . . . . . . . • . . • . 13 B. Below Standard . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.4 - Appeal Procedure 14 Section 8.5 - Remediation Process . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 9 - UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 9.1 - New Hires . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 9.2 - Allowance Amount . . . . . . . . . . . . . . . . . . 15 Section 9.3 - Eligibility/Prorating 15 Section 9.4 - Full Allowance 15 Section 9.5 - Direct Use and Responsibility . . . . . . . . . . . . . . . 15 Section 9.6 - Provided Items (No Cost) . . . . . . . . . . . . . 15 Section 9.7 - Boots, Coveralls, Raincoats, Rainpants . . . . . . . . . . . . . 15 Section 9.8 - Boot Replacement 16 Section 9.9 - Uniform Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 10 - VACATION . . . . . Section 10.1 - Accrual Rates , , , , , , , , , , , , , 17 Section 10.2 - Accrual Limits and Carry-Over 17 Section 10.3 - Usage . . . . . . . . . . . . . . . . . . . A. Increments B. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 10.4 - Restrictions - Probation 18 Section 10.5 - Cash-Out Upon Termination . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE . . . . . . . . . . . . . . . . . . . 19 Section 11 .1 - Holidays . . . . 19 A. Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 B. Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 C. Observance . . . . . . . . . . . . . . . . . . . . . . . . . 19 D. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . 19 E. Holidays During Vacation 19 F. Holiday Falls on Day Off . . . . . . . . . . . . . 20 G. Work On Holiday - Compensation . . . . . . . . . . . . . 20 H. Holiday Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ii Section 1 1 .2 - Personal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 A. Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 C. Notification and Scheduling . . . . . . . . . . . . . . . . . . . . . . 21 D. Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 E. No Carry-over or Payoff . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY . . . . . . . . . . . . . . . . . . . . . 22 Section 12.1 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 A. Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 B. Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 C. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 D. III on Holiday . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 23 E. III on Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 F. Integration . . y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 G. Physician Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 H. Exhaustion of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . 24 I. No Payoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 J. Advance Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 K. Abuse of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 12.2 - Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. Length of Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Section 12.3 - Witness or Jury Duty Leave . . . . . . . . . . . . . . . . . . . . 25 Section 12.4 - Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 12.5 - Catastrophic Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 13 - LEAVES WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Section 13.1 - Worker Disability/Family Care Leave . . . . . . . . . . . . . . 25 A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 B. Request/Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 C. Use of Accrued Sick Leave - Vacation . . . . . . . . . . . . . . 26 D. Benefit Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 E. Physical Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 F. Intermittent or Reduced Leave . . . . . . . . . . . . . . . . . . . . 27 G. Pregnancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 13.2 - General Leave for Other Than Worker Disability/Family Care Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 B. Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 C. Benefit Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 D. Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 13.3 - Adjustment of Anniversary Date/Vacation Accrual/Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 iii I ARTICLE 14 - TUITION REIMBURSEMENT . . ... . . . . . . . . . . . . . . . . . . . . . 27 Section 14.1 - Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 14.2 - Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2$ Section 14.3 - Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 II, ARTICLE 15 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 15.1 - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 15.2 - Step I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 15.3 - Step II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 15.4 - Step III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 15.5 - Step IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 15.6 - General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 16 - LAYOFFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 16.1 - Seniority Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 16.2 - Consideration of Layoff - Notice to Union . . . . . . . . . . . 31 Section 16.3 - Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 16.4 - Notice to Employees . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 16.5 - Alternatives to Layoff . . . . . . . . . . . . . . . . . . . . . . . . 32 A. Claim Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 B. Displacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 j C. Rate of Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 16.6 - Re-employment Lists . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 16.7 - Rights Restored . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 17 - DISCIPLINARY PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 17.1 - Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 17.2 - Principles And Procedures . . . . . . . . . . . . . . . . . . . . . 33 Section 17.3 - Grounds for Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 17.4 - Warning Types Of Discipline . . . . . . . . . . . . . . . . . . . 33 A. Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 B. Oral Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C. Written Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 D. Reprimand . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 17.5 - Property Lass Discipline . . . . . . . . . . . . . . . . . . . . . . . 35 A. Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 B. Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 C. Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 17.6 - Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 17.7 - Notice of Investigation . . . . . . . . . . . . . . . . . . . . . . . 35 Section 17.8 - Notice Of Discipline . . . ... . . . . . . . . . . . . . . . . . . . . 35 Section 17.9 - Electronic Recording . . . . . . . . . . . . . . . . . . . . . . . 36 ARTICLE 18 - PROBATIONARY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 18.1 - Length Of Probation . . . . . . . . . . . . . . . . . . . . . . . . . 36 A. Lead Open Space Technicians, Open Space Technicians and Equipment Mechanic-Operator . . . . . . . . . . . . . . . . . . . . 36 B. Rangers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 iv Section 18.2 - Leaves OfAbsence/Extension Of Probation . . . . . . . . . 36 Section 18.3 - Rights On Probation . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 18.4 - Vacation Time On Probation . . . . . . . . . . . . . . . . . . . . 37 Section 18.5 - Rejection From Original Probation . . . . . . . . . . . . . . . . 37 Section 18.6 - Rejection From Promotional Probation . . . . . . . . . . . . . 37 Section 18.7 - Seniority And Probation . . . . . . . . . . . . . . . . . . . . . . . 37 Section 18.8 - Evaluation Of Probationary Workers . . . . . . . . . . . . . . 37 ARTICLE 19 - NO STRIKES/LOCKOUTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ARTICLE 20 - EFFECT OF AGREEMENT . . . . . . . 38 ARTICLE 21 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 ARTICLE 22 - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 APPENDIX A - DISTRICT SALARY RANGES . . . . . . . . . . . . . . . . . . . . . . . . 40 APPENDIX B - PROVIDED UNIFORM ITEMS . . . . . . . . . . . . . . . . . . . . . . . . 43 APPENDIX C - CATASTROPHIC LEAVE PROGRAM . . . . . . . . . . . . . . . . . . . 44 APPENDIX D - 4/10 PILOT PROJECT GUIDELINES . . . . . . . . . . . . . . . . . . . 46 v 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-C10/CLC (hereina fter, fter "Union"). This Memorandum of Agreement incorporates by this reference all appendices attached. i ARTICLE 2 - UNION RECOGNITION/SECURITY I 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 workers in the classifications of Ranger, Lead Open Space Technician, 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. In addition, the District shall have new hires complete an authorization form for payroll deduction of union dues or service fee in amounts determined by the Union. The service fee amount shall not exceed the standard periodic dues and general assessments of the Union and shall not include amounts to be contributed to the Union's Committee on Political Education (C.O.P.E.). B. Agency Shop/Maintenance of Membership Bargaining unit members employed by the District as of the ratification date of this Agreement shall, within 30 days of ratification, either join the Union and authorize payment of Union dues, or authorize payment of the service fee or the charity deduction described in Section 2.1 (C) below. Bargaining unit members who are members of the Union shall maintain their membership in the Union for the duration of this Agreement, provided, however, that workers may resign Union membership and opt for agency fee status 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 certified mail. C. Charity Fee Deduction To qualify for deduction of the charity fee, in lieu of paying dues or an agency fee, the worker must certify to the Union and the District that s/he is a member of a bona fide religious body whose tr aditional aditional 9 Y tenets or teachings include objections to joining or financially supporting public employee organizations. The deduction shall not be forwarded to the charity until the Union has notified 1 the District that the Union has approved the exemption. The Union will receive from the District quarterly proof of payment equivalent to service fees to the United Way or other non-religious, non-labor charitable fund chosen by the bargaining unit member. D. Payroll Deduction The District shall deduct Union membership dues or service fees and any other mutually agreed upon payroll deductions from the bi-weekly pay of bargaining j unit members, including contributions to the Union's Committee on Political Education (C.O.P.E.) authorized in writing by unit members. A worker who has authorized the C.O.P.E. deduction may revoke such authorization at any time by written notice to the Union and the District. The dues deduction must be authorized in writing by the worker on an authorization card acceptable to the Union and the District. In the event a bargaining unit member fails to authorize one of the options in Section 2.2(B) above, the Union shall notify the District who shall begin involuntary payroll deductions of service fees commencing with the following pay period. The District shall remit the deducted dues and other fe es to the Union as soon as possible after the deduction. E. Revocation of Agency Shop The agency shop provisions of this Article may be revoked by the Union membership in the manner provided under Section 3502.5(b) of the California Government Code. In the event of revocation, provisions for Maintenance of Membership shall remain in force. F. Unit Lists 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. i I 2 The Union shall notify the District of the three (3) official representative s 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-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 Manager. 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 three field staff representatives to the District safety 9 9 p Y committee. The representatives shall come from the bargaining unit at large, except no more than two shall come from any geographical area. When there are two from the same geographical area, they must be from different classifications. (For purposes of this section, Open Space Technician, Lead Open Space Technician and Equipment Mechanic-Operator are considered one classification.) 3 ARTICLE 3 - NO DISCRIMINATION No District worker shall be discriminated against because of race, religion, creed, political affiliation, union activity, color, national origin, ancestry, sex, sexual orientation, age, familial status or physical or mental disability.i P Y ARTIC LE 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. ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME Section 5.1 - Overtime A. Work Period The work period for workers shall be regular and recurring, commencing at 12:00 a.m. on Monday and ending at 11 :59 p.m. on Sunday. Except for emergency situations declared by the General Manager or Board of Directors, the following shall apply: 1 . Rangers shall be assigned to a shift of either a) five days per week, eight continuous hours per day with two consecutive days off or b) four days per week, ten continuous hours per day, with three consecutive days off on days and at such times as designated by the Operations Manager. 2. Except in special circumstances b mutual agreement,Y Bement Open Space 9 , P P Technicians/Lead Open Space Technicians/Equipment Mechanic-Operator shall be assigned to a shift of five days per week of eight t continuous Y t nuou P s 9 hours each with two consecutive days off. B. Overtime Overtime shall be defined as that time authorized and actually worked by a worker in excess of forty hours within the work period. Overtime work may be 4 ordered or authorized by the Operations Manager, Area Superintendent, or the worker's immediate supervisor. Any hours in paid District status will count as "hours worked" for purposes of determining overtime. Workers shall be compensated at the rate of one-and-one-half times the worker's regular hourly rate of pay for hours worked in excess of forty hours in the work period. C. Compensatory Time Off Workers 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: i j 1. If the worker 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 worker 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 worker submits his/her time card. Workers may accumulate up to twenty-six and two-thirds hours of extra hours (40 hours of CTO). Once the cap is reached, workers shall be paid for all overtime worked. Workers 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 worker's time card. Section 5.2 - Call-Back Time Rangers on call-back 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 10-minute paid rest break. B. Meal Period After four consecutive ut e ho urs, th e e Ran _ 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. C. Court Appearance Any ranger who must appear in court on District business outside of regular work hours will receive a minimum of thre e hours call- back i t me paid at time and one-half as long as the court appearance does not overlap with his or her scheduled shift. 5 Section 5.3 - Rangers' 4/10 Pilot Project A. Implementation Effective upon ratification of this Agreement by both parties, 4/10 schedules shall be made available to Rangers pursuant to the guidelines contained in AppendixD. A "4/10 schedule" is defined as four consecutive ten-hour work days preceded by or followed by three consecutive days off. B. Clarification of Contract Provisions The parties agree that implementation of 4/10 schedules requires modification or clarification of certain terms and conditions described in this Agreement. Specifically: Article 10 - Vacation It is understood that the term "days" as used in this Article refers to eight-hour days. Vacation accrual and usage are defined by "hours." Section 11 .1 - Holidays C. Observance. If a worker on a 4/10 schedule observes a scheduled holiday, s/he shall receive eight hours paid time off and shall use two hours from the Holiday Bank, Compensatory Time Off, Personal Leave or accrued vacation to equal ten hours of pay. F. Holiday Falls on Day Off. If a holiday falls on a day off for a worker on a 4/10 schedule, eight hours shall be added to the worker's Holiday Bank. G. Work on Holiday -- Compensation. A worker on a 4/10 schedule who works a scheduled holiday may choose either of the two options listed in this section as follows: 1 . The worker on 4/1 O's will be paid time and one-half for all ten hours worked on the day of the holiday; eight hour's will be credited to the Holiday Bank. 2. The worker on 4/1 O's will be paid double time and one-half for eight hours and time and one-half for two hours. Section 12.1 - Sick Leave It is understood that the term "days" as used throughout this Section refers to eight-hour days. Sick leave accrual and usage are defined by "hours." D. III on Holiday. A worker on a 4/10 schedule who is sick on a scheduled holiday shall receive holiday pay for eight hours and may use accumulated sick leave for the remaining two hours. 6 Section 12.2 - Bereavement Leave A. Length of Leave. "Working day" in this section shall mean ten hours for workers on a 4/10 schedule. C. Review and Sunset This program shall be reviewed six months and one year from ratification of this section, as well as during negotiations for a successor agreement in 1995. At those times, both parties agree to meet and confer at the request of the other party to address issues resulting from the implementation and continued use of the program. During the term of this Agreement, the program may be terminated by mutual agreement at either of the review periods provided above. The 4/10 pilot project shall sunset effective April 1, 1995 unless the parties negotiate its continuation or its successor. i ARTICLE 6 - MODIFIED DUTY In cases of industrial or non-industrial injury'or illness, including pregnancy, a worker may return to work for modified duty at his/her regular rate of pay upon approval of District administration in consultation with the worker's treating physician. Approval for modified duty shall be based upon the District's ability to provide work consistent with the worker's qualifications, medical limitations, and the length of time of the limitations. The District may consult a physician in determining the worker's work limitations. If there is disagreement between the worker's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. Workers interested in modified duty shall submit a written request to the immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The immediate supervisor shall review the request and the documentation for completeness and forward them to the appropriate administrative officer for action. Workers making such request must be willing to accept any modified duty assignment, schedule and/or work location within the District. The worker will remain at the worker'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 begin on the first day served in the modified duty assignment. The duration of the modified duty assignment is subject to the needs of the District. The provisions of this section are not intended to create any permanent modified duty assignment. 7 If there are more work /vho could accept modified duty , i there are assignments, and the workers are comparably qualified, preference will go to those injured on the job. ARTICLE 7: COMPENSATION AND BENEFITS Section 7.1 - Compensation A. Effective April 1, 1993: The salary range for Rangers shall be from step number 219.5 to step number 244.5 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 206.5 to step number 231 .5 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technicians shall be from step number 211 .5 to step number 236.5 on the District salary schedule. (See Appendix "All) The salary range for Equipment Mechanic-Operators shall be from step number 229.5 to step number 254.5 on the District salary schedule. (See Appendix "All) All incumbents in bargaining unit positions shall receive a two and one-half (2.5) point cost-of-living adjustment above current step effective April 1, 1993. B. Effective April 1, 1994: The salary range for Rangers shall be from step number 222 to step number 247 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 209 to step number 234 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technicians shall be from step number 214 to step number 239 on the District salary schedule. (See Appendix "A") Th e salary a eforE Equipment Y range q pment Mechanic-Operators shall be from step number 232 3 to ��step number 257 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a two and one-half (2.5) point cost-of-living adjustment above then-current step effective April 1, 1994. Section 7.2 - Benefits A. Medical Insurance The following medical plans are available to District workers: 1 ) Kaiser - "S" 8 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. If the premiums for the medical plan selected by the worker exceed the premiums for the provided medical insurance coverage listed above, the worker 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 worker contribution levels from July 1, 1993 through the open enrollment period for 1993; and from July 1, 1994 through the open enrollment period for 1994. If a worker can prove that he or she is current) covered under a Y private or a spouses medical plan, basically equivalent to that pro vide d by the District, ct the worker 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. I If a worker retires from the District, t ict the wo rker i eligible s e i ible to continue ue his or her medical plan coverage during retirement and shall be responsible for paying the full cost of the medical plan premium. B. Dental Insurance The following dental plan is available to District workers: 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 workers and dependents. If a worker 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 worker is eligible to apply one-half of the base dental insurance premium coverage amount to 1 optional 9 tonal bene fit efit cysts and premiums and/or 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 Visio n Care Pla n for workers o kers an sub- group dep endents as a sub group of Santa Clara County. The District will pay the full premiums of the vision coverage. 9 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 010,000) 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 workers: 1) Supplemental Group Life Insurance; 2) Accidental Death and Dismemberment Insurance. F. Part-Time Workers Medical, dental and basic life insurance benefits for regular part-time (one-half time or greater) workers 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 workers. H. Employee Assistance Program (EAP) The District shall enroll all bargaining unit workers in an Employee Assistance Program and shall pay the full cost of the program. 1. Long-Term Disability Plan For the term of the Agreement, the District agrees to maintain the Long-Term Disability Plan as provided to the District as a sub-group of Santa Clara County. The District will pay the full premiums of the Long-Term Disability Plan. Section 7.3 - Promotional Compensation A worker 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 worker's present salary (limited to the top of the new salary range), whichever is greater. In addition, the worker will receive an adjusted merit pay increase (limited to the top of the new salary range) based on the number of months worked since the last annual evaluation in accordance with the following schedule: Months* Worked Since Merit Pay Last Annual Evaluation Increase 1 month 0.0 points 2 months 0.5 points 3 months 1 .0 points 4 months 1 .5 points 5 months 2.0 points 6 months 2.5 points 10 j .. 7 months 3.0 points 8 months 3.5 points 9 months 4.0 points 10 month 4.5 points 11 + months 5.0 points i *Month is equivalent to 30 days. Add total days since last annual evaluation and divide by 30. Round off to nearest month. In the case of a promotional probation, a worker, upon successful completion of a six- month probation in the new position or an overall "Meets Standard" evaluation at six months if serving a nine-month probation for a Ranger position, is eligible for a five point increase if appointed at the beginning step of the salary range. If a worker is appointed above the beginning step of the salary range, the worker, upon successful completion of a six-month probation in the new position or an overall "Meets Standard" evaluation at six months if serving a nine-month probation for a Ranger position, is eligible for an increase equivalent to the number of steps that will place him/her five points above the beginning of the salary range. Section 7.4 - Acting Appointments A worker assigned by the General Manager to perform the work of a higher classification, normally due to a position vacancy or a temporaryabsence of a worker er due to vacation, illness, or short-term leave , shall be pai d at le ast east five points more th an an 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 Ion as the actin 9 9 g appointment exceeds five consecutive working days. After the five working-day threshold, acting pay shall be retroactive to the first day work er is assigned the higher clas sification i on responsibilities. Section 7.5 - Adde d Ranger Disability C 9 y overage 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 Distric t sha ll augment u g t 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 t s without use of the Ranger's accrued ued sick le ave e or vacation time. Where applicabilityof this policy p y necessitates administrative interpretation, the General Manager shall be the final deciding authority in accordance with administrative policies. Section 7.6 - Night Shift Differential Workers shall receive a differential of $1 .25 per hour for each hour actually worked betwe en 7•.00 .m. and 6:p 00 a.m. on any shift. The $1 .25 differential shall apply to overtime hours the same as straight time hours. i 11 Section 7.7 - Split-Shift Differential Workers shall receive a differential of $20.00 per workday for each split-shift actually worke d. Section 7.8 - Paychecks Workers who have Wednesday as a regularly-scheduled day off may pick up their paycheck at the District office on their own time between 1 :00 p.m. and 5:00 p.m. on the Tuesday before payday. 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 forms developed in negotiations between the parties when evaluating Rangers, Lead Open Space Technicians, 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. I 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 on 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 t 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 initial probation shall receive an interim evaluation from hit t e supervisor pe sor after three months of employment and after five months of employment. Successful completion of initial probation will result in an automatic five- point increase in pay. 12 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. 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, Equipment Mechanic-Operator,and Lead Open Space Technician 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 No more than 3 areas of performance are rated Below Standard. A Meets Standard ratingwill result in t an automatic five-point merit increase. B. Below Standard 1. Ranger, Equipment Mechanic Operator,and Lead Open Space Technician 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 A Procedure edure (Section 8.4 below) and the Remediation Process (Section 8.5 below 2. Open Space Technician 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 Pr ocess Section( 8.5 below 13 i 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 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 th e e 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. i 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 five-point 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 an of the evaluations ' Yin B above result in a Meets Standard overall rating, the worker shall receive a five-point po nt merit increase effective the date of that evaluation. 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 14 . of the merit pay adjustment under this article shall not extend beyond the nine- month (9) remediation period. ARTICLE 9 - UNIFORMS 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 - Allowance Amount Effective April 1, 1993, the annual allowance for replacing worn-out regular or optional uniform items shall be $210 for Rangers, Open Space Technicians, Lead Openp Space Technicians and Equipment P q pment Mechanic-Operators. Effective April 1, 1994, the annual allowance for replacing worn-out regular or optional uniform items shall be $230 for Rangers, Open Space Technicians, Lead Open Space Technicians, and Equipment Mechanic-Operators. Section 9.3 - Eligibility/Prorating Workers will become eligible to use the uniform allowance at the completion of their probationary period. With respect to the time between the probationary period completion 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 probationary period completion 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 hooded raincoats to the workers. These items shall be replaced at the request of the worker on approval of the Supervising Ranger. The District agrees to provide steel-toed boots at worker's request. 15 I 1 i 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 ins tead f o replaced, p aced, 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 Lead Open Space Technician/Open Space Technician/Equipment Mechanic-Operator of the unit's choice. District representation shall be no more than two members of the Operations Manager's choice. The Uniform Committee shall meet quarterly or upon special request to the Operations Manager to discuss topics including but not limited to: (a) finding replacements for uniform items no longer available; (b) discussing and evaluating the need for new or modified items; (c) discussing and evaluating modifications in the District's uniform policy; and (d) examining and making recommendations on prototypes of new uniform items. The quarterly meetings may be canceled in the event there is no agenda pertaining to uniform issues. The role of the Committee is to make recommendations to the Operations Manager regarding uniform issues. The Committee's recommendations) to the Operations Manager and the Operations Manager's response to the recommendations) shall be in writing. The Union shall receive copies of any such recommendations and, upon request, will be given the opportunity to meet and confer before the District acts upon I them. 16 ARTICLE 10 - VACATION i Section 10.1 - Accrual Rates A. Bargaining unit members employed before March 31, 1992 shall accrue fully- paid vacation according to the following schedule: Years of Accrual per Hour Days/Year Service Paid (Full-Time)* 1 - 9 0.05769 hr. 15 10 + 0.07692 hr. 20 *Days/year for part-time bargainingunit members will be automatically pro- rated to the same percentage as their hours per week bear to 40. B. 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 will be automatically pro- rated to the same percentage as their hours per week bear to 40. C. 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 u to times p two t es 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 regular workdayfor part-tim e members. tiers. Ba rgaining ar ainin g unit members 9 may request other exceptions to the four-hour increment on a case by ca se basis ss e. to( attend 9 , classes). 17 B. Scheduling For vacations of a week or longer, workers shall submit a vacation request by December 1 of the preceding year. 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 by December 1, with which there are no conflicting requests, the vacation request shall be approved. Workers may submit requests for vacations of a week or more after December 1, 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 member's supervisor. Section 10.4 - Restrictions - Probation Probationary workers may not use accrued vacation time during their probationary period unless special permission is granted by the Operations Manager. 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. -out with their final paycheck. Terminating members will receive their vacation cash 18 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE Section 11.1 - Holidays A. Calendar The calendar for the 11 .5 holidays each year during the term of this agreement will be: 1993 1994 1995 New Year's Day - Dec 31 (F)* Jan 2 (M) Martin Luther King Jr. Day - Jan 17 (M) Jan 16 (M) President's Day - Feb 21 (M) Feb 20 (M) Memorial Day May 31 (M) May 30 (M) Independence Day Jul 5 (M)* Jul 4 (M) Labor Day Sep 6 (M) Sep 5 (M) Columbus Day Oct 11 (M) Oct 10 (M) Veteran's Day Nov 11 (TH) Nov 11 (F) Thanksgiving Nov 25 (TH) Nov 24 (TH) Day after Thanksgiving Nov 26 (F) Nov 25 (F) Last four hours of workday preceding Christmas Day Dec 23 (TH)* Dec 23 (F) Christmas Day Dec 24 (F)* Dec 26 (M)* *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 Saturday and Sunday, holidays will be observed on the actual day they occur. D. Pro-rating Regular part-time workers are eligible for the same paid holidays on a pro-rats 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. 19 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 1 1 .1 (H)] G. Work On Holiday - Compensation A unit member who works on a scheduled holiday has two choices for compensation. (Workers on 4/10 schedule, see Section 5.3.13) 1) 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).] 2) 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 workers, 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 worker shall be allowed to use the balance subject to #3 below. 2. Workers may use accumulated holiday time to cover portions of scheduled vacations. i 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 a be pa id d to the worker in cash at the current rate of pay. 5. Uni t t members who terminate during the calendar p year shall be aid for Y all time remaining in their holiday bank at the current rate of pay. 6. Unit members assigned to work the last four hours of the workday preceding Christmas Day and/or Christmas Day may use in advance for time off scheduled after December 1 all or part of the hours from these holidays that the unit member elects to add to his or her "holiday bank." 20 I Section 11.2 - Personal Leave A. Amount On each Janu ary 1, 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 h p g to the average number of hours they work. A unit member hired during the course of the year will receive a pro-rats 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 worker 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. 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. 21 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY Section 12.1 - Sick Leave A. Accrual All workers 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 workers. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. The worker's sick leave balance shall be recorded on his/her paycheck stub. B. Usage 1. Workers are eligible to use si ck ck leave for 9 e o the following reasons: , i a) Personal illness or physical disability. b) Quarantine by a physician. c Illness or dis ability y of an immediate family member or domestic partner requiring the worker to be unavailable for work, subject to Section 4 below. d) Worker's Compensation. e) Health care appointments, including medical, dental, vision, and employee assistance program appointments. 2. Sick leave for any of the reasons above shall be recorded on the worker's time card and must be used in increments of one hour except for health care appointments. 3. No less than one hour of sick leave may be charged for a health care appointment, and sick leave usage over one hour will be computed in tenths of an hour. 4. A worker may use up to six days per year to care for a member of his/her immediate family or his/her domestic partner requiring the worker to be unavailable for work. This six-daylimit may be extended b h Y yt e General Manager on a case-by-case basis for good cause. Immediate family is defined as a worker's husband, wife, son, daughter, father, mother, brother,sister, grandmother,grandfather,father-in-law, mother- in-law, and any relative of the worker living in the worker's household. For purposes of Article 12, the domestic partner of a worker is defined as an unmarried person who resides with the worker and has done so for a period of at least six months, and who intends to reside with the worker indefinitely and share the common necessities of life. Domestic partners will be required to complete, sign and file with the District an "Affidavit of Domestic Partnership." i I I 22 C. Reporting a) Non-Urgent Health Care Appointments: Workers will schedule non- urgent health care appointments in advance and shall notify their immediate supervisor of such appointments as early as possible. If notice to the supervisor occurs 72 hours or more in advance of the appointment, any disapproval of sick_ leave time off shall be accompanied by a written statement from the supervisor p isor explaining the reasons. b) Any worker 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 immediate supervisor, or any other supervisor on duty at the I geographical area. In the event the worker's supervisor or other supervisor at that geographical area is unavailable, the°worker will make every effort to contact responsible District personnel and advise of his or her absence. The absence shall be reported by the worker,--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 worker is ill on a designated holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. E. III on Vacation A worker 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 worker: a) was hospitalized during the period for which sick leave is claimed, or b) 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 Workers 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 worker shall remain in paid status, with full benefits, and shall continue to accrue paid vacation and sick leave for the number of paid District hours us ed for integration. 23 G. Physician Statement A worker absent on paid sick leave five days or more will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to return to work. A worker absent on paid sick leave three days or more in order to care for an immediate family member or domestic partner under Section 4 will be required to submit to his/her immediate supervisor verification from a physician or licensed ra i p ct tioner of the family member s or domestic partner s illness or injury. H. Exh austion of Sick Leave If a worker 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 worker 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. 1. 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 worker by the General Manager on a case-by-case basis. Upon termination, the worker 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 worker in the event of the death of a member of his or her immediate family. The worker 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 worker'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 worker or the spouse or domestic partner (as defined in Section 12.1) of the worker, and the spouse, son-in-law,daughter-in-law, brother,sister, grandchild,brother-in-law,or sister- in-law of the worker, or any relative living in the immediate household of the worker. 24 Section 12.3 - Witness or Jury Duty Leave A leave of absence will be granted a worker 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 worker's accrual of vacation, sick, or personal holiday time. Section 12.4 - Military Leave A worker 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 wit h pa y,y, 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 writingfrom the Perso nnel Officer,ce shall be ranted without loss of time a r g , pay o other leave and without impairment to merit ratings or other rights or benefits to which the worker is entitled unless the worker 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. Section 12.5 - Catastrophic Leave The District agrees to continue the Catastrophic Leave Program appearing as Appendix C of this agreement. I ARTICLE 13 - LEAVES WITHOUT PAY Section 13.1 - Worker Disability/Family Care Leave A. Duration A regular worker 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, injury, or pregnancy, will be granted a leave of absence without pay for up to six months in any consecutive 12-month period which begins on the first day of the leave of absence without pay. In addition, a worker with at least one year of service will be granted a family care leave of absence without pay for up to four months in any consecutive 12-month period (which begins on the first day of the leave of absence without pay) for the birth or adoption of a child, or care of the worker's spouse, domestic partner, child or parent if the individual has a serious health condition. A serious health condition is an illness, injury, impairment or physical or mental condition that involves in-patient care at a hospital, hospice, or residential medical facility or continuing treatment of a health care provider. An extension on a month to month basis of up to an additional six months for a worker disabilityleave of absence without a r i o eightmonths foraf pay gamity care leave of absence without pay may be granted by the General Manager, upon written request, on a case by case basis. 25 B. Request/Verification A worker requesting such a leave shall make the request in writing to the General Manager for approval and attach supporting statements from the attending health care provider regarding the worker's or family member's health condition. Such statements must indicate that the duration of the leave requested is necessary for the worker's recovery from the disability, or for the care of the family member. C. Use of Accrued Sick Leave - Vacation A worker on disability leave may use accrued vacation and sick leave prior to commencing a disability leave of absence without pay. During the period the worker uses accrued vacation and sick leave, vacation and sick leave benefits shall continue to accrue at the regular rate, but shall be discontinued on the date when all such paid benefits have been used. Leave of absence without pay shall commence at that time. If a worker elects not to use accrued vacation and sick leave prior to commencing a disability leave of absence without pay, the worker may be required to use accrued vacation and sick leave to the extent available for the fifth and sixth months of his/her worker disability leave. A worker on family care leave may use accrued vacation and sick leave subject to any restrictions on use of sick leave to care for family members in Section 12.1 . During the period the worker uses accrued vacation and sick leave, vacation and sick leave benefits shall continue to accrue at the regular rate, but shall be discontinued on the date when all such paid benefits have been used or when the worker elects to stop using such paid benefits. Leave of absence without pay shall commence at that time. 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 workers up to three months while the worker is on disability/family care leave of absence without pay. If the leave extends beyond three months, the worker may elect to continue such benefits for the duration of the leave, and premiums for such extended coverage shall be paid by the worker. Such extension(s) of coverage shall be subject to any restrictions in the applicable benefit policy or plan. E. Physical Exam A worker on leave due to disability 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 worker is able to resume his or her work assignments. If there is disagreement between the worker's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. 26 F. Intermittent or Reduced Leave j If the leave is for the worker's disability or for the care of a child, spouse, domestic partner or parent with a serious health condition, the leave may be taken intermittently or on a reduced leave schedule (equivalent in time to Section A above), provided it is medically necessary, can be scheduled without adversely affecting the operations of the District, and is approved by the General Manager. G. Pregnancy A worker 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 worker's physician may be required to certify that performance of her job duties is not endangering the health of the worker or the fetus. In the case of a pregnant worker, the District will investigate the possibility of whether modified duty assignments can be made,in orderto allow the worker to continue to work for a longer period of time during her pregnancy. Section 13.2 - General Leave for Other Than Worker Disability/Family Care Leave A. Duration A regular worker 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 worker may elect to continue any or all insurance coverage during a general leave by paying the full costs of the premiums. i D. Parental Leave A worker of either gender may request general leave for purposes of caring for his/her children (either natural or adoptive). Section 13.3 - Adjustment of Anniversary Date/Vacation Accrual/Seniority If a worker is on leave of absence without pay (except leave for industrial injury or illness) 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 number of days included in the period of leave without 't pay. worker's P e s seniorit y shall al p Y y so 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 27 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 Worke rs will receive reimbursement, subject to Section 14.3 below, for courses which are of benefit to both the District and the worker. Application shall be made only on forms provided by the District and submitted to the immediate supervisor for review and processing. Application for reimbursement must be approved in advance of taking the course. Approval of courses for which a worker may receive reimbursement shall be made by the appropriate administrative officer. To the extent an otherwise approved course conflicts with the worker's work schedule, the worker's immediate supervisor may consider adjustments to the worker's work schedule and/or use of paid leave time to resolve the conflict. Section 14.3 - Reimbursement Workers will receive reimbursement for books and tuition for approved courses, passed with a grade of "C" or "credit". The maximum reimbursement per fiscal year per worker is $300. Any expenses besides books and tuition shall be evaluated and reimbursement approved on an individual basis by the appropriate administrative officer. 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 "grievant" 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. I i 28 i Section 15.2 - Step I A. A grievant shall present the grievance orally to the grievant's immediate supervisor within fifteen (15) working days after the grievant knew, or reasonably should have known, of the event or events on which the grievance is based. The immediate supervisor shall conduct whatever investigation is necessary to obtain the facts pertaining to the grievance. Within fifteen (15) working days after receiving notice of the grievance, the immediate supervisor shall give the grievant a reply. B. If the grievant is not satisfied with the reply of his/her immediate supervisor,the grievant may appeal the grievance to Step 11. C. In the case of a disciplinary grievance, the affected employee may proceed directly to Step IV after imposition of the challenged disciplinary action. 9 P Y Section 15.3 - Step II A. If the grievant desires to appeal the grievance to Step II, the grievance shall be reduced to writing and presented to the grievant's Area Superintendent 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 grievant's Area Superintendent, the grievant and the appropriate Union representative to attempt to resolve the grievance informally. In any event, the Area Superintendent 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 Ill. Section 15.4 - Step Ill A. If the grievant desires to appeal the grievance to Step Ill, the grievant/Union shall notice the appeal on the original grievance form and present the grievance to the Operations Manager and a copy to the Personnel Officer within fifteen (15) working days following receipt of the written decision at Step 11. B. In evaluating the appeal at Step III, at the request of either side, a conference shall be held between the Operations p s Manager, in consultation with the Personnel Officer, and the grievant and his/her representative in an attempt to 29 II resolve the matter informally. With forty-eight (48) hours notice to the District, the Field Representative may join the grievant and the steward in the Step III conference. In any event, the Operations Manager shall issue a written decision j 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 111, the grievant may appeal to Step IV. Section 15.5 - Step IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step II and Step III responses, to the General Manager with a copy to the 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 "D" 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 11 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 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 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 of Civil Procedure Section 1094.5. D. 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 30 arbitrator's fee shall be divided equally between the parties. Each party shall bear their own cost of representation. Section 15.6 - General Provisions A. With respect to Steps 11 through IV of the grievance procedure, the time for filing, responding to and appealing grievances to subsequent steps shall be fifteen (15) working days from the date on the grievance, response, or appeal document. 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 Manager. No more than one Union representative shall be allowed release time to process a grievance. The number of District workers 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 16.3 - 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 31 i receive concurrent notice. The procedures of Section 16.5 shall be applied prior to the effective date of the layoff. Section 16.5 - Alternatives to Layoff A. Claim Vacancies Any affected unit member may claim a vacancy 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. i 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. 2. If the step held in the higher classification does not occur in the lower classification, the rate of pay shall be the highest step of the lower classification. Section 16.6 - Re-employment Lists Unit members who are laid off shall be placed on a re-employment list for their current classification and for each lower classification previously held. 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: 32 w 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 worker 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 9 workin 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; 1) 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 worker. o) Failure to report the suspension or revocation of the worker's drivers license. License suspension or revocation does not constitute automatic grounds for discipline. I 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 a worker designed to help the worker remedy identified problem(s) in skills, abilities, or work performance. Whenever possible, counseling should be used prior to taking a more formal action. 33 B. Oral Warning An oral warning is a verbal notice advising a worker that the worker's behavior or performance must be improved. It defines areas where improvement is needed, sets goals, and informs the worker that failure to improve may result in more serious action. The worker's supervisor will document the oral warning by recording the date and content of the warning. The worker 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 worker's personnel file. However, the incident may be addressed in the worker's performance evaluation for the year in which the incident occurred. C. Written Warning A written warning is notice to a worker that the worker'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 worker's supervisor and approved by the Area Superintendent 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 Area Superintendent upon recommendation of the worker's immediate supervisor. The reprimand will serve as official notice to the worker that the worker's performance or behavior is seriously below standard and that continuation of such performance or behavior will subject the worker to more serious disciplinary action, including possible discharge. The worker shall receive a copy of the reprimand at the time it is prepared. The affected worker shall have thirty (30) calendar days within which to submit an oral or written response to the reprimand. If one is submitted, the worker's written response shall be attached to the reprimand before the reprimand is placed into the worker's personnel file. The worker's oral response shall be directed to the Area Superintendent. 1 Workers 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. 34 l - Section 17.5 - Property Loss Discipline The District may take more formal disciplinary action for cause in the form of suspension, demotion or discharge. A. Suspension A suspension is the temporary removal of a worker from the worker's duties without pay. Suspension without pay should be used when all other positive means have been tried without success and the Area Superintendent has reason to believe that the suspension will bring about the improvement needed in the worker's performance or behavior. Suspensions can only be imposed by the Operations Manager,subject to recommendation from the Area Superintendent. Suspensions shall not exceed thirty 30 calendar dar days. B. Demotion A demotion may be issued for a period not to exceed six (6) months. The final decision to demote a worker shall be made by the Operations Manager, subject to approval of the General Manager. At the end of the demotion period, the worker 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 worker from the employment of the District. The final decision to discharge a worker shall be made by the Operations Manager, subject to approval of the General Manager. Section 17.6 - Appeal The decision to reprimand, suspend, demote or discharge may be appealed by the affected worker only through the established grievance procedure set forth in Article 15. Lesser forms of discipline are not subject to appeal Section 17.7 - Notice of Investigation Within fifteen (15) working days of a supervisor's knowledge of an incident involving a worker (or the most recent in a series of incidents) that may result in disciplinary action, the affected worker(s) shall be notified in writing that the matter is under investigation. 9 t ation. Final determination on the imposition of disciplinary action shall be made within a reasonable period of time. During the investigation, the District shall keep the worker apprised of its progress and likely completion date. I Section 17.8 - 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: a) Statement of the nature of the disciplinary action. b) Effective date of the action. c) Statement of the cause thereof. 35 i i 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. Section 17.9 - Electronic Recording Electronic recording of the pre-discipline conference under Section 17.8 (e) above shall require the mutual consent of the District and the worker subject to discipline. The District reserves the right to electronically record all investigatory interviews provided advance written notice is given to the worker subject to investigation. If an electronic recording is made of the investigatory interview, the worker shall be provided a copy of the tape if any further disciplinary proceedings are contemplated or prior to any further investigatory interviews at a subsequent time. In addition, if the District transcribes the electronic recording of an investigatory interview, it shall provide the worker with a copy of the transcript. ARTICLE 18 - PROBATIONARY PERIOD Section 18.1 - Length Of Probation A. Lead Open Space Technicians, Open Space Technicians and Equipment Mechanic-Operator All appointees to the regular position of Lead Open Space Technician, Open Space Technician and Equipment Mechanic-Operator shall complete a standard probationary period of at least six (6) consecutive months. B. Rangers es Appointees to the regular position of Ranger shall complete a standard probationary period of at least nine (9) consecutive months. Section 18.2 - Leaves Of Absence/Extension Of Probation In the event a probationary worker misses more than four (4) consecutive weeks due to injury or illness, the District may extend the probationary period b an amount no t Y P YP Y to exceed the period of time missed due to the injury or illness. In the event the probationary worker's absence due to injury or illness exceeds the equivalent of the worker's standard probationary period, the District may require the worker 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 workers enjoy all the rights and privileges of this Agreement. 36 Section 18.4 - Vacation Time On Probation During the probationary period, a new worker shall accrue vacation time but shall not be entitled to use accrued vacation time unless the Operations Manager grants special permission. A promoted worker can use accrued vacation time during his or her probationary period. Section 18.5 - Rejection From Original Probation A probationary worker can be rejected from probation at any time during his or her probationary period. The decision to reject a worker from probation is not subject to the grievance or discipline appeal procedure of this Agreement. The probationary worker shall be given a written review of all issues and reasons which have led to the worker's rejection before such rejection has been finalized. Upon request, a probationary worker will be entitled to a meeting with the General Manager before the rejection becomes effective. Workers shall have the right to Union representation at such meetings. As an alternative to rejecting the worker from probation, the District may extend the worker's probationary period. The worker 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 worker 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 worker currently filling the position, the choice of which worker will be laid off will be based on Article 16, "Layoffs." Section 18.7 - Seniority And Probation A newly hired probationary worker will have no class seniority status prior to completion of his or her probationary period. Section 18.8 - Evaluation Of Probationary Workers Workers serving a six (6) month probationary period shall receive an interim performance evaluation after three (3) months of service. Workers 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 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. 37 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 1993 and shall remain in effect until the thirty-first (31st) day of March, 1995. 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. 38 SIGNATURE PAGE For Midpeninsula Regional For Local 715 SEIU Open Space District i Richard C. Bolanos B.W. (Rusty) Smith Chief Negotiator Chief Negotiator John M. Escobar Michael Jurich Operations Manager Lead Open Space Technician Jean H. Fiddes Phillip Hearin Personnel Officer Ranger Matthew Ken Ranger Ratified by District: Ratified by Unit: October 27, 1993 October 19, 1993 Da te: Date: 39 APPENDIX A - DISTRICT SALARY RANGES SALARY HOURLY BIWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 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 30,835.412 222.5 14.899 1,191 .920 2,582.491 30,989.897 223.0 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 40 SALARY HOURLY BIWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 249.5 19.491 1,559.280 3,378.438 40,541 .258 250.0 19.588 1,567.040 3,395.212 40,742.551 250.5 19.686 1,574.880 3,412.222 40,946.672 251 .0 19.784 1,582.720 3,429.164 41,149.977 251 .5 19.883 1,590.640 3,446.344 41,356.139 252.0 19.981 1,598.480 3,463.456 41,561 .477 252.5 20.082 1,606.560 3,480.808 41,769.700 253.0 20.181 1,614.480 3,498.091 41,977.092 253.5 20.282 1,622.560 3,515.616 42,187.397 254.0 20.383 1,630.640 3,533.071 42,396.863 254.5 20.485 1,638.800 3,550.772 42,609.272 255.0 20.587 1,646.960 3,568.402 42,820.832 255.5 20.690 1,655.200 3,586.280 43,035.365 256.0 20.793 1,663.440 3,604.086 43,249.040 256.5 20.897 1,671 .760 3,622.143 43,465.718 257.0 21 .001 1,680.080 3,640.127 43,681 .530 257.5 21 .106 1,688.480 3,658.364 43,900.376 258.0 21 .211 1,696.880 3,676.528 44,118.345 258.5 21 .317 1,705.360 3,694.948 44,339.378 259.0 21 .423 1,713.840 3,713.294 44,559.528 259.5 21 .530 1,722.400 3,731 .897 44,782.772 260.0 21 .637 1,730.960 3,750.426 45,005.123 260.5 21 .745 1,739.600 3,769.216 45,230.598 261 .0 21 .853 1,748.240 3,787.931 45,455.174 261 .5 21 .963 1,757.040 3,806.908 45,682.905 262.0 22.072 1,765.760 3,825.810 45,909.726 262.5 22.183 1,774.640 3,844.978 46,139.736 263.0 22.293 1,783.440 3,864.068 46,368.823 263.5 22.404 1,792.320 3,883.427 46,601 .132 264,0 22*516 1,801 ,280 3,902,709 46,832,511 264.5 22.628 1,810.240 3,922.261 47,067.142 265.0 22.741 1,819.280 3,941 .736 47,300.836 265.5 22.855 1,828.400 3,961 .484 47,537.813 266.0 22.968 1,837.440 3,981 .153 47,773.844 266.5 23.083 1,846.640 4,001 .099 48,013.191 267.0 23.198 1,855.840 4,020.965 48,251 .582 267.5 23.314 1,865.120 4,041 .110 48,493.323 268.0 23.430 1,874.400 4,061 .174 48,734.098 268.5 23.547 1,883.760 4,081 .521 48,978.256 269.0 23.664 1,893.120 4,101 .786 49,221 .439 269.5 23.783 1,902.640 4,122.336 49,468.039 270.0 23.901 1,912.080 4,142.804 49,713.653 42 SALARY HOURL BIWEEKLY MONTHL' ANNUAL RANGE RATE SALARY SALARY SALARY 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 37,252.537 241 .5 18.000 1,440.000 3,119.931 37,439.173 242.0 18.089 1,447.120 3,135.421 37,625.062 242.5 18.180 1,454.400 3,151 .130 37,813.564 243.0 18.270 1,461 .600 3,166.776 38,001 .313 243.5 18.361 1,468.880 3,182.641 38,191 .699 244.0 18.453 1,476.240 3,198.443 38,381 .326 244.5 18.545 1,483.600 3,214.468 38,573.617 245.0 18.637 1,490.960 3,230.428 38,765.139 245.5 18.730 1,498.400 3,246.612 38,959.353 246.0 18.823 1,505.840 3,262.732 39,152.790 246.5 18.918 1,513.440 3,279.078 39,348.946 247.0 19.012 1,520.960 3,295.359 39,544.318 247.5 19.107 1,528.560 3,311 .869 39,742.435 248.0 19.202 1,536.160 3,328.313 39,939.761 248.5 19.298 1,543.840 3,344.988 40,139.861 249.0 19.394 1,551 .520 3,361 .596 40,339.159 41 !r APPENDIX C - CATASTROPHIC LEAVE PROGRAM Purpose The Catastrophic Leave Program is designed to assist District employees (called receiving employees) who have exhausted paid time credits due .to a serious, { catastrophic or debilitating illness, injury or condition of the employee. This program allows other District employees (called donating employees) to make grants of time to that employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness, injury or condition. The grants of time donated to the receiving employee are converted to sick leave for use by the receiving eceivin9 employee. ee. P Conditions for Receiving Employees There are four criteria for eligibility as a receiving employee. The receiving employee must: 1 . Be a regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave, vacation, personal leave, holiday or holiday bank time, and compensatory time off; 3. Have a sustained, serious or debilitating illness, injury or condition which may need to be verified by a doctor's report; 4. Be prevented from returningto work for at least 30 days and have applied for Y P P a disability leave of absence without pay. To apply to be a receiving employee under the Catastrophic Leave Program, an employee completes an Application for Catastrophic Leave. The application is submitted to the Administrative Services Manager for approval. An employee may be asked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejection for participation must be made by the Administrative Services Manager within two weeks after the completed application is submitted. An employee may be asked to verify his/her status for continuing eligibility for the program. If an employee's application is approved to be a receiving employee, the Administrative Services Manager will meet with the employee or his/her family members to determine the degree to which the employee's catastrophic illness, injury or condition is to be kept confidential. The Administrative Services Manager will distribute a Donation of Accrued Time Credits form to all full-time and part-time District employees so they can specify donations they wish to make to the receiving employee. Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status, seniority, sick leave and vacation accrual and all benefits will continue as though the sick leave were his or hers. 44 APPENDIX B - PROVIDED UNIFORM ITEMS 1. Open Space Technician, Lead Open Space Technician and Equipment Mechanic- Operator a) 3 tan long sleeve shirts b) 3 tan short sleeve shirts c) 1 cordovan basketweave belt d) 3 pairs green twill pants e) 1 pair green hiking shorts f) 2 pair socks g) 1 tan insulated vest h) 1 green twill jacket 2. Rangers a) 1 straw Stratton hat (includes hat band, chin strap, and rain cover) b) 3 tan long sleeve shirts c) 3 tan short sleeve shirts d) 1 tan parka e) 1 tan insulated vest f) 1 cordovan basketweave belt g) 3 pairs green twill pants h) 1 pair green hiking shorts i) 2 pair socks 43 APPENDIX D - 4/10 PILOT PROJECT GUIDELINES 1 . The District will attempt to make available one 4/10 schedule subject to the guidelines below in a geographical area when five or more rangers are available for regular scheduling. All leave requests and special scheduling needs of the District shall take priority over the creation or preservation of a 4/10 schedule. 2. The District reserves the right to revert to a 5/8 schedule any time up to the start of each work week to mitigate unplanned staff shortages. Any participation by supervisors in the regular schedule rotation to preserve the 4/10 schedule when the available ranger staffing is less than five is at the sole discretion of the District. 3. All 4/10 schedules shall include three consecutive days off to be scheduled within the Monday through Thursday period. 4. All 4/10 schedules shall include a non-tradeable late shift assignment on Friday. Saturday and Sunday ten hour shift shall be restricted to the early or late shift assignments. 5. Working a 4/10 schedule may result in changing the days off of participating worker(s) for the duration of the schedule. However, creation and implementation of 4/10 schedule(s) shall not affect days off of non-participating workers unless non-participating workers voluntarily agree to an adjustment in their days off. 6. Available 4/10 schedule(s) shall be offered to Rangers at the appropriate geographical area on a rotating basis by seniority. Declining an offered 4/10 schedule shall not affect a worker's position on the list; however, when a worker has completed pleted eight t weeks or more of4/10schedule s, his/her name will revert to the bottom of the list. 46 The total credits rec -d by the employee shall norma iot exceed three months; however, if approved ny the General Manager, the total leave credits received may be up to a maximum of six months. Conditions for Donating Employees Donations must be made to a specific person on a form signed by the donating employee and submitted to the Administrative Services Manager. All donation information will be considered confidential. A donating employee can, if he/she chooses, inform the receiving employee of the donation made. Employees may donate the following types of accrued time credits: *vacation time *personal paid leave time *holiday bank time *compensatory time off (non-exempt employees) wick leave -- one hour of accrued sick leave may be donated for every three hours of other types of accrued leave time Donations must be made in one hour increments. There is no limitation on the number of hours that may be donated. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on an hour-for-hour basis. The pay the receiving employee receives will be at his/her own rate of pay. Under any circumstance, donations, once made, are forfeited forever by the donating employee. If the receiving employee returns to work, any time the donating employee(s) has contributed will remain with the receiving employee and not revert to the donating employee(s). In order to donate, a Donation of Accrued Time Credits form must be submitted to the Administrative Services Manager for processing. 45 Open Space R-93-113 Meeting 93-21 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 27, 1993 AGENDA ITEM Finance Committee Recommendation On Alternative Funding Mechanisms FINANCE COMMITTEE'S RECOMMENDATION Approve the Finance Committee recommendation to postpone proceeding with a funding measure or other alternative funding mechanism until after November, 1994. DISCUSSION Over the last year, the Finance Committee has examined a variety of mechanisms and possible scenarios for alternative funding which might have been needed in the event the District's budget was severely reduced by action of the state. In addition, in the long term, supplemental funding will be needed to accomplish the District's voter mandate of completing the greenbelt. At its meeting of September 22, the Finance Committee came to the conclusion that further consideration of a funding measure should be postponed until after the general election in November 1994. As the Board knows, the primary mechanism which is currently most practical is the benefit assessment district, either with special legislation requiring a majority vote, or through the protest hearing process with or without an advisory measure on the ballot. The initial goal of the Finance Committee was to examine the possibility of going forward with a funding measure and/or assessment district in June or November of 1994 in the event of a substantial loss of District property tax revenue. A number of concerns and circumstances warrant the committee's recommendation to postpone proceeding with this measure in this time frame, including the fact that multi-county districts formed before 1979 were exempt from state budget cuts. The Finance Committee believes the District should focus short-term efforts on the passage of Ca1Paw '94. In fact, according to the District's public opinion survey, placing a District funding measure on the ballot at the same time as CalPaw '94 would decrease our support by 3 - 5 percentage points, which could put us below the majority needed for success. Sources at the Planning and Conservation League say that CalPaw '94 appears to have a good chance of success, and that competition with similar local 'measures would be detrimental. If CalPaw '94 wins, it will result in substantial one-time funding to the District, providing some flexibility and "breathing room" in the District's immediate financial needs. It would also give the District time to reassess its acquisition priorities and the finances required to meet those needs. In the event CalPaw '94 loses, it will at least provide a clear indication of the mood of the voters in 'regards to providing funding for open space efforts. In fact, staff will be able to analyze the vote precinct by precinct within the District. Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle ! Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX:415-691-0485 @ General Manager:Herbert Grench Board of Directors:fete Siemens,Robert McKibbin,Teen Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-93-113 Page two j There are a number of issues on the ballot over the next two years which will provide the District with additional information on how voters feel about new taxes, majority vote requirements for new taxes, funding measures in general, and the state's economy. In November, 1993 there are measures to extend the half-cent sales tax, to provide for a majority vote for general obligation bonds foschool districts, and to allow the state to provide school vouchers. In June, 1994 CalPaw '94 will likely be on the ballot, and its success or failure will indicate if the voters are willing to provide funding for parks and open space projects throughout the state. In November, 1994, there is a gubernatorial election, which may indicate the general mood of voters in terms of fiscal conservatism and reaction to the state's economic condition at this time. If the District waits until after these elections before deciding to go before the voters, the results will provide definitive information on how to proceed, if at all, and the chances of success. The timing of a funding measure is a critical factor. In order to maximize the possibility of a successful measure, at least 18 months is recommended from commencement of efforts prior to the election. There are only eight months until the June, 1994 election, with the deadline for putting a measure on the ballot only five months away. This short time frame makes it unlikely that an effective campaign can be established for a 1994 election. Equally important is the fact that if the Board wishes to form an assessment district via a majority vote, the necessary special legislation is not in place and is not currently under consideration by the legislature. Currently, there are two pieces of special legislation awaiting the Governor's signature which would allow for a majority vote approval for assessment districts in San Diego and Sacramento Counties. The Governor's decision on these items may give an indication of the future legislative possibilities for the District. In addition, judging from the results of the District's public opinion survey, it would be valuable to use any additional time to measure the public's attitude about the District as our public affairs program unfolds. This postponement will allow the District to effectively use "tracking" surveys over a two-year period to further gauge the publics attitudes and to measure the progress of the public affairs program and determine where an increase in efforts may be necessary. The overall economic uncertainty and apprehension about future state and local budgets is pervasive among the voters, making the success of new taxes or assessments in 1994 unpredictable at best. The Finance Committee feels that the first priority for the District is to achieve long-term protection of our existing funding sources. Short term efforts should focus on the passage of CalPaw '94, and any District funding measure should be postponed until after November 1994 at the earliest. Prepared by: Robert McKibbin, Chair Finance Committee Contact person: L. Craig Britton, Acting General Manager Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-111 Meeting 93-21 October 27, 1993 AGENDA ITEM Committee Consolidation ACTING GENERAL MANAGER'S RECOMMENDATION 1. Review and discuss management team's suggested structAforittee consolidation. 2. Establish four standing committees with the responsibilities specified in this report and based on your discussion at the October 27 meeting to replace existing committees and implement the change at committee reassignment time in January. 3. Determine whether the Board President should serve on any committees. DISCUSSION At your August 25, 1993 meeting, Director Siemens proposed establishing four standing committees to consolidate the responsibilities of existing Board committees (see report R-93- 89). You directed the management team to report back to you with input on the proposal. The management team supports Director Siemens' proposal with some proposed modifications. The attached sheets show both Director Siemens suggested committee structure and management team's proposed modifications. During the August 25 discussion of the committee consolidation proposal, Director McKibbin recommended that the Board President not serve on any committees and that the Vice- President serve on two committees. Director Siemens' initial proposal called for the designation of the President and Vice-President positions as equivalent committee assignments to provide for a total of 14 assignments (two for each Board member). Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: L. Craig Britton, Acting General Manager Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i Report R-93-111 Page 2 COMNIITTEE CONSOLIDATION DIRECTOR SIEMENS' SUGGESTED MANAGEMENT TEAM'S SUGGESTED STRUCTURE STRUCTURE A. BUDGET AND ADMINISTRATION A. BUDGET •Could include personnel policies and Jobs: Same as now items like general manager search. Include staff and volunteer recognition. • One person from committee B s C and P , D serve on this committee. B. LEGISLATIVE AND FINANCE B. LEGISLATIVE, FINANCE. AND Jobs: Legislation PUBLIC AFFAIRS Property tax issues *Add gift policies to jobs list. Supplement funding issues Note: Same issues as the existing legislative and finance committees. It seems that our discussions at the finance committee meetings g have involved mostly legislative issues, either legislation b the District or g Y by others. Also, many legislative issues coming from Sacramento or Washington involve money. i Report R-93-111 Page 3 C. RESOURCE MANAGEMENT C. USE AND MANAGEMENT Jobs: Use and Management Plan *Add public and non-profit special use prev�ie�a� issues to jobs list. Trail policies Dog policies Staff and Deeent r-eeegaition Operations issues Ordinance preview review Special use policies Note: Many of these issues flow, one into another, as well as having common elements. D. ENTERPRISE D. ACQUISITION AND ENTERPRISE Jobs: Leases md-eentfaet and *Add enterprise special uses to jobs list. licenses n: el.ett: Ffement 01de eweed Rentals Ranger residence policies Gib-peheies Concessions (future) Note: There are common policies and problems associated with leases. Some of our leases have had problems with compliance. By elevating our oversight to a standing committee of three Board members, we underscore our concern that compliance with the lease terms is important to the District. oQ P4\�l VITIATE iPAHK Un. � �3CR. mROBIN WY. CT. `" sIGgL � xDR. ' �� LARKoP ,�P�Q WY.cc u BELKNpPO o d p a a ot SAN80RN' SARATOGA , VILLA �- CITY _ _ SUNSET GLEN _ OQ. SKYLINE ' ON �o 1 l A LVO I MONT CO. PARK 0 A -- ----� �O w I P ARBOR NHILL RD. W '. pQ OrS 1 I Ve p OG. x 1, i I m P e, STOART CAMP Dy -I 'I (BOYSCOUTS) �� w� N I r - 1 I , EL SERENO Lake I 9 McKenzie I OPEN SPACE PRESERVE Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-108 Meeting 93-21 October 27, 1993 AGENDA ITEM Notice of Contract Completion for the Blacksmith Shop Restoratio Proj t at the Picchetti Ranch Area of Monte Bello Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Approve the attached Notice of Completion of Contract and Acceptance of Work on the Picchetti Ranch Blacksmith Shop Restoration Project and authorize the Board president to sign the acceptance in behalf of the District. DISCUSSION At your April 28, 1993 meeting, you awarded the contract for the Picchetti Ranch Blacksmith Shop Restoration Project to George Bianchi Construction (see report R-93-58). The project was completed on October 12, 1993. District staff, the project architect, and the Santa Clara County building department have inspected the work and found it to be complete and in conformance with the county-approved building plans and specifications. The project was P completed within the contract's specified time limit. During the course of construction, change orders totalling $10,092 were issued. Grant funding available for this project was $71,376. Actual project costs are $50,411 for construction and $16,589 for architectural design, engineering, permit fees, and construction administration for a total of $67,000. There is approximately $4,000 remaining in grant funds. Staff is reviewing options for projects for which to use the remaining funds. Approximately ten percent of the project cost ($5,041) was withheld from the contractor's billing in accordance with the contract documents and specifications. This amount is included for approval on the claims list. A check for that amount will be issued in 35 days, which allows adequate time to review evidence that all payrolls, material bills, and other indebtedness connected with the project have been paid. Prepared by: Sheryl Marioni Cochran, Open Space Planner Contact: Randy Anderson, Planning Manager Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit l NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein and George Bianchi Construction as Contractor therein, bearing the date May 5, 1993 for construction of Picchetti Ranch Blacksmith Shop Restoration Project and appurtenant facilities upon lands of said District known as Monte Bello Open Space Preserve situated in the Town of Cupertino , County of Santa Clara , State of California, was completed as called for and in the manner designated by the plans and specifications by the said Contractor, on the 12th day of October. 1993 Upon said contract, Intercargo Insurance Company was surety on the bond given by said George Bianchi Construction , the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle Los Altos CA 94022 IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the 27th day of October, 1993 , authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature of the President of the said Board of Directors this 27th day of October, 1993 BOARD OF DIRECTORS OF THE I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT jPresident, Board of Directors Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-112 Meeting 93-21 October 27, 1993 AGENDA ITEM Authorization to Apply for a Santa Clara County Historical Project rant for the Grant House at Rancho San Antonio Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution approving the application for a Santa Clara County Historical Project grant to complete the Grant House restoration. DISCUSSION The Santa Clara County Historical Heritage Commission is accepting rant applications lications r s r; under its Historical Project funding program. Approximately $500,000 is available county- wide. Eligible projects must be in a county park, or in a park within the geographical limits of the county, and be open to all county residents on an equal basis. Projects must also promote and encourage the appreciation, recognition, and preservation of cultural, historical, archeological, and natural resources in Santa Clara County. Previous grants under this program were used to assist with the restoration of Woodhills at Fremont Older Open Space Preserve and the fermentation building at Picchetti Ranch. The Grant House, also called the Foreman's Cabin, is the oldest structure in the complex of ranch buildings at Deer Hollow Farm. Built between 1853 and 1859, the small, two-room cottage is believed to be the original homestead of Theodore and George Grant. The Grant brothers played a significant role in the settlement of Santa Clara Valley. In early 1992, District and City of Mountain View staff and volunteers completed the structural restoration of the Grant House. The proposed grant project will include finishing interior walls and floors and adding period furnishings and interpretive signs. The house will be developed onto a diorama-style museum. Farm visitors will be able to look inside the door and windows, but not actually enter the house. This will protect the interior from damage and eliminate the need for staffing. The cost estimate for the project is not yet available. Plans for the project will be developed by a consultant specializing in historic preservation. Staff estimates that the grant request will be on the order of$20,000. The grant application deadline is November 15, 1993. Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-93-112 Page 2 Staff will have an opportunity to make an oral presentation to the Historical Heritage Commission. The commission will make its funding recommendations to the Board of Supervisors in February or March of 1994. Prepared by: Carleen Bruins, Visitor Services Supervisor Contact person: Randy Anderson, Planning Manager i - I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPEhIINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SANTA CLARA COUNTY HISTORICAL PROJECT FUNDING PROGRAM FOR THE FOLLOWING PROJECT: GRANT HOUSE HISTORIC RESTORATION COMPLETION WHEREAS, the County of Santa Clara provides grant funds for projects that promote and encourage the appreciation, recognition, and preservation of cultural, historical, archaeological, and natural resources in Santa Clara County; and WHEREAS, Midpeninsula Regional Open Space District assures that the proposed historic preservation project is located within the county adjacent to Rancho San Antonio County Park, is open to all county residents on an equal basis, and that the property is dedicated as public open space in perpetuity; and WHEREAS, if the grant is awarded, Midpeninsula Regional Open Space District will enter into an agreement with the County of Santa Clara for implementation of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: I 1. Approves the filing of an application under the Historical Project Funding program for the Grant House Historic Restoration Completion project; and 2. Certifies that said applicant is able to comply with the provisions of the Historical Project Agreement; and 3. Certifies that said applicant will have sufficient funds to operate and maintain the project; and 4. Appoints the acting general manager as agent of the district to conduct all negotiations, and execute and submit all documents which may be necessary for the application and, if approved, completion of the aforementioned project. Open Space R-93-109 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-21 October 27, 1993 AGENDA ITEM November Meeting Schedule ACTING GENERAL MANAGER'S RECOMMENDATION 1. Reschedule your November 10 Regular meeting to Wednesday, November 17 beginning at 7:30 P.M. at the District office. 2. Cancel your November 24 Regular Meeting. DISCUSSION Your November 10. meeting falls on the evening before Veterans Day, a District holiday. The November 24 meeting falls on the evening before Thanksgiving, and according to your Rules of Procedure, is to be canceled and/or rescheduled. Staff recommends that the November 10 Regular Meeting be rescheduled to Wednesday, November 17 and that the November 24 Regular Meeting be canceled. Prepared b P Y: Jean H. Fiddes, Administrative Services Manager Contact person: Same as above Open Space . . . for room to breathe 0 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 ®, General Manager:Herbert Grench Board of Oirectors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open , pace w ww. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: October 21, 1993 SUBJECT: FYI Open Space 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 12, 1993 Rodger A. Bradford P.O. Box 35559 Monte Sereno, CA 95030 Dear Mr. Bradford: Thank you for your recent letter concerning mountain bike trail access. I fear you are another victim of the inflammatory editorial in the recent ROMP newsletter. If you read the ending, that editorial was "science fiction" suggesting what might happen "if you fail to act." The District has no plan to ban mountain bikes and has not closed any single track trails. We have adopted a set of Trail Use Policies and Trail Use Guidelines which we are gradually applying on a preserve-by-preserve basis. We also recently adopted a 15 mph speed limit. The Trail Use Guidelines include a set of standards for determining which trails are safe for multiple use, and mitigation measures that can be used to allow multiple use to continue in situations where it otherwise might be unsafe. I have enclosed copies for your information. I hope you will share these with others. These policies and guidelines were developed through a two year process involving extensive public participation, including many bicyclists and ROMP representatives, specifically. No decisions on specific trail closures or access limitations will be made without further opportunity for public input. We expect the ,first preserves to be considered late this year and early next year. I will put you on the list for notification regarding those preserve plan updates. Again, I appreciate your thoughtful letter. Virtually all your suggestions have been, or will be, incorporated into the process. Please let me know if you have further comments or questions. Sincerely, Randy Anderson Planning Manager RA/dz Enclosures cc : Board of Directors Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 t General Manager:Herbert Grench Hoard of Directors:Pete Siemens,Robert McKibbin,Tema Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 28 , 1993 To: John Escobar , Operation Manager From: David Sanguinetti , Area Superintendent Subject : Skyline Vandalism Incidents Since August 1 , 1993 LOS TRANCOS OPEN SPACE PRESERVE Two map boxes were ripped off the sign board posts and smashed . MONTE BELLO OPEN SPACE PRESERVE Skid Road Section of the Scent Trail (under Temporary Closure for bicycles and horses because of damage to two bridges ) . 1 . Seasonal Closure sign (Canyon Trail side ) has been removed twice . 2 . Seasonal Closure gate ( Skyline Blvd . side ) was taken off its hinges and opened. 3 . Seasonal Closure gate locking post ( Skyline Blvd . side ) was sawed off and removed. 4 . Seasonal Closure sign for bicycle and horses ( Skyline Blvd . side ) was covered up with a nailed on board. Bella Vista Trail (under Temporary Closure for first year use by bicycles and horses ) . 1 . Temporary Closure sign (Monte Bello Rd. Jct . ) was removed . 2 . No bicycle/no horse sign side of hiking style (Monte Bello Rd . Jct . ) was sawed in half . 3 . No bicycle/no horse sign side of hiking style (Monte Bello Rd . Jct . ) was pulled out of the ground and thrown into the bushes . Monte Bello Parking Lot restroom toilet was severely damaged by a large rock that had been repeatedly thrown into the stainless steel bowl . SKYLINE RIDGE OPEN SPACE PRESERVE - Three different no bicycle/no horse posts were removed along the Ridge Trail at various jct ' s . of the tree farm patrol road . Four Bay Area Ridge Trail plaques have been removed from their j posts . EL CORTE DE MADERA OPEN SPACE PRESERVE A number of old logging and motorcycle trails have formally been reopened by indivdividuals (brush and tree branches have been cleared) for bicycle use . MISCELLANEOUS Approximately ten notification signs for the new District le an hour speed limit ordinances fifteen mile / bicycle o ( p Y mandatory helmet law) have been torn down thus far . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 18, 1993 Mr. Lawrence D. Dahms, Executive Director Metropolitan Transportation Commission Metro Center - 101 Eighth Street Oakland, CA 94607 Subject: Transportation Enhancement Activities (TEA) Grant Application Scoring Dear Mr. Dahms: We appreciate the effort that you and your staff have made to create an orderl y.process for what is clearly a complex and controversial task. However, the District has some concerns regarding the scoring of its TEA application for the Sierra Azul Staging Area project, (project#298 in the MTC list), and on the overall scoring system. We ask that the scoring of our application be reviewed to determine if additional points should have been awarded, based on the factors outlined below. 1. Regional and Community Enhancement la. Benefit to quality of life, community, environment. The project provides the following benefits: • Extends regional Los Gatos Creek bike and pedestrian trail system. • Completes key segment of the Bay Area .Ridge Trail system. • Provides two entry staging areas for access to 10,000 acre s of public open space which P P P is currently inaccessible, and a ranger residence for patrol presence. i • Preserves important riparian habitats and wildlife corridors in two canyons. • Protects of the viewshed of Highway 17 at Lexington Reservoir from the impacts acts of development. • Protects water quali ty ty within the watershed, i • Preserves, and provides public access to, historic structures, trails and sites. _ The score was 5 out of 10 in this cateQory Based on these benefits we feel the project should have scored higher, Open Space . . . for p p o room to Breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • .FAX: 415-691-0485 E Genera(Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i ' I Lawrence D. Dahms Page 2 le. Implements goals in the regional transportation plan, or other adopted federal, state, or local plans. The project implements goals of the following local and regional plans, as indicated on page 17 of the application: • Santa Clara County General Plan l • Town of Los Gatos General Plan • Santa Clara County Regional Parks, Trails and Scenic Highways Plan • Bay Ares Ridge Trail Plan • Lexington Reservoir County Park Master Plan u, • Midpeninsula Regional Open Space District Master Plan Other than being an integra9�part of the existing RTIP, we feel this goes as far as possible in implementingdocal and regional plan goals. This is confirmed by the local and regional support this project has generated (see letters at end of application, and subsequent letters). The project scored only 4 of 8 in this category We feel it should have scored hi her I , I Id. Increases availability, awareness or,protection of historic, community, visual, and natural resources. The project will dramatically increase availability, awareness, and protection of all four of the above resources, plus it protects water quality. These benefits are clearly demonstrated in the j application description. Also, since the application was prepared, additional information on the historic resources has come to light, which is summarized in the "Brief History of Limekiln and Soda Springs Canyons." In spite of the fact that the project provides all three "increases" for all four resources, it was scored 4 out of 8 in this category. Given the clear demonstration of these benefits. we feel the project should be scored 8 of 8 If. Encompasses more than one of the activity-specific divisions. Our project provides significant benefits in both the bicycle and pedestrian category, and the scenic and aesthetic category. It also provides secondary benefits in the water quality category by preserving the steep slopes on four parcels from further development, and for historic preservation by preserving the old Hogan home and officially recognizing and reopening historic La wrence ence D. D ahms Page 2 le. Implements goals in the regional transportation plan, or other adopted federal, state, or local plans. The project implements goals of the following local and regional plans, as indicated on page 17 of the application: • Santa Clara County General Plan • Town of Los Gatos General Plan • Santa Clara County Regional Parks, Trails and Scenic Highways Plan • Bay Area Ridge Trail Plan • Lexington Reservoir County Park Master Plan • Midpeninsula Regional Open Space District Master Plan Other than being an integral part of the existing RTIP, we feel this goes as far as possible in implementing local and regional plan goals. This is confirmed by the Iocal and regional support this project has generated (see letters at end of application;and subsequent letters). The project scored only 4 of 8 in this category We feel it should have scored hi her Id. Increases availability, awareness or protection of historic, community, visual, and natural resources. The project will dramatically increase availability, awareness, and protection of all four of the above resources, plus it protects water quality. These benefits are clearly demonstrated in the application description. Also, since the application was prepared, additional information on the historic resources has come to light, which is summarized in the "Brief History of Limekiln and Soda Springs Canyons." In spite of the fact that the project provides all three "increases" for all four resources, it was scored 4 out of 8 in this category. Given the clear demonstration of these benefits we feel the project should be scored 8 of 8 If. Encompasses more than one of the activity-specific divisions. Our project provides significant benefits in both the bicycle and pedestrian category, and the scenic and aesthetic category. It also provides second ben efits P sin the water an3' unlit category by preserving the steep slopes on four parcels from further development, and for historic preservation by preserving the old Hogan home and officially recognizing and reopening historic Lawrence D. Dahms Page 3 roads, trails and sites. The project scored only 4 out of 8 in this category. We feel it should have scored higher, if not the full eight points In addition to the scoring under this system, we are concerned about the fact that projects which have significant benefits in more than one category can only achieve an eight point differential, out of 100 points, over single-purpose projects. Although double-counting of points would not be appropriate, the pursuit of public benefit dictates,that there should be more substantial weight given to multiple-category projects. 2. Cost-Effectiveness/Reasonable Cost. The requested grant of$700,000 with a total project cost of almost $1.3 million provides a lot of public benefit for the dollars invested. Given the high quality of the resources protected, the proximity to the transportation system and the urban area, and the development potential of the sites, acquisition of four parcels totaling 209 acres for less than $5,000 an acre should be considered highly cost effective. The project scored only 4 out of 10 points in this categoKy and we feel it should have scored hider. Overall, we are concerned that the scoring of this application, and the overall pattern of ranking TEA projects thus far, has reflected a discounting of the recreational path and trail system as part of the multi-modal transportation system. This is contrary to both the letter and spirit of TEA, which was to provide improvements that complement the total system and improve quality of life. Even if recreational trails are discounted as part of the transportation system by "hardware" oriented transportation planners, they must admit that many people drive their cars frequently, and for great distances, to get to hiking and bicycle trails, and the "great outdoors" in general. By providing these regional trail connections from recreation activity centers and urban trail systems to backcountry trails, people won't have to drive as far, or drive at all, for these purposes. This will directly benefit the transportation system and the community's quality of life. The Highway 17/Bear Creek Road Interchange that is soon to be under construction will encourage and facilitate auto and trail g acces s into the Lexington Basin. The Siena Azul Staging Area Proje ct is needed to accommodate this traffic and complete the regional transportation P system. g Lawrence D. Dahms Page 3 roads, trails and sites. The project scored only 4 out of 8 in this category We feel it should have scored hfgher, if not the full eight points In addition to the scoring under this system, we are concerned about the fact that projects which have significant benefits in more than one category can only achieve an eight point differential, out of 100 points, over single-purpose projects. Although double-counting of points would not be appropriate, the pursuit of public benefit dictates that there should be more substantial weight given to multiple-category projects. 2. Cost-Effectiveness/Reasonable Cost. The requested grant of$700,000 with a total project cost of almost $1.3 million provides a lo t of of public benefit for the,dollars invested. Given the high quality of the resources protected, the proximity to the transportation system and the urban area, and the development potential of the i s tes acquisition of four parcels totaling 209:acres for less than $5,000 an acre should be considered highly cost effective. e. The project,g y t1 e cored only 4 out of 10 oints in this c s v p s ategory and we feel it should have scored,higher. Overall, we are concerned that the scoring of this application, and the overall pattern PP � of nankin P g TEA projects thus far, has reflected a'discounting of the recreational path and trail system as part of the multi-modal transportation system. This is contrary to both the letter and spirit of TEA, which was to provide improvements that complement the total system and improve quality of life. Even if recreational trails are discounted as part of the transportation system by "hardware" oriented transportation planners, they must admit that many people drive their cars frequently, and for great distances, to get to hiking and bicycle trails, and the "great outdoors" in general. By providing these regional trail connections from recreation activity centers and urban trail systems to backcoiuntry trails, people won't have to drive as far, or drive at all, for these purposes. This will directly benefit the transportation system and the community's quality of life. The Highway 17/Bear Creek Road Interchange that is soon to be under construction will encourage and facilitate auto and trail access into the Lexington Basin. The Sierra Azul Staging Area Project is needed to accommodate this traffic and complete the regional transportation system. F Lawrence D. Dahms Page 4 Thank you for your consideration of our concerns. We would appreciate a response to these points. Sincerely, Randy Anderson Planning Manager cc: MROSD Board of Directors Craig Britton, Acting General Manager Supervisor Rod Diridon Councilman Jim Beall Supervisor Mary Griffin Mayor Jane Baker I I I I i i Open Space District needs r�s�dils�) Jo.move on Umunhum he Midpeninsula Regional Open Space District has offered a lame yet defiant respon§e to Grand Jury criticism that the public is being excluded from the district's Mt.Urnunhum and Mt. Thayer areas. The district; directors say, is.unable to move quickly to open the area"—and, in any event, only "low-intensity"public use is envisioned for these mountain peaks, whose sweeping vistas of Monterey Bay and the Santa Clara Valley beckon visitors. This is.unsatisfactory. Public money bought these 1 9,000-6dd acres, and the public has a right to these i areas. :: j It is true that the '= EDFTORIAl�3 federal government has dragged its heels _ shamelessly in the matter of cleaning up toxic waste left,by the U.S.Air Force almost.a decade ago when it abandoned its early warning-radar station atop Mt. Umunhum. . It is also true that a number of property owners along Mt. Umunhum Road have sought to avoid paying their share of its upkeep by contending it is a private thoroughfare.` These are annoyances, not insurmountable obstacles: - If the open-space district had ieally wanted to do more than sit on these properties,it could have gone to court years ago to establish title to the road and to force the federal government's hand in regard to " toxic cleanup -There is still time for the district to change course; all that is required is the political will to-do so. For starters,'the district can invite the public to Mt.l Umunhum without fearing unduly for their safety: i The place can't be too toxic,or the district wouldn't keep two employees,a ranger and a caretaker,living' there full-time The district, which will be doing minimal .7, maintenance to Mt:Umunhum Road this year, { should make it clear that,as far as it's concerned,the road is open t6the public at"all tirries. Let adjacent property owners object in court=if they're willing to spend the money. District directors=should consider;that in�chaiting a course for Mt., mu fiiture:'" Open Space P P 1 October 8, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms. Dale Bryant, Editor Los Gatos Weekly Times P.O. Box 65 Los Gatos, CA 95031 Dear Ms. Bryant: Your September 29 editorial concerning the Midpeninsula Regional Open Space District's response to a recent grand jury report contained a number of comments which require clarification. As suggested in the editorial's headline, the District is indeed in the process of "moving" agree that the public has a right to enjoy these and all lands munhurn. We completely ag p , on Mt. U P Y Your editorial implies that none of the over 9,000 acres in the Sierra acquired by the District. Yo P Azul Open Space Preserve are accessible, when the reality is that approximately 3,600 acres are currently open for public enjoyment. The 55 acres of the former Air Force station are not open to the public for the reasons you noted, including toxic contamination and other hazards. The balance of the lands do not have appropriate trails or staging areas, making them unsuitable at this time for public use. I Many areas of this preserve consist of a patchwork of unconnected parcels. As these parcels are connected through ongoing acquisitions, suitable trails can be developed and the public will be able to use the land without concern for accidently crossing into private property. It is the District's policy is to acquire lands from willing sellers, which, unfortunately, can take ax great deal of time. In the meantime, even land that is not fully accessible is permanently preserved as a part of the scenic backdrop and natural heritage of the region. Your readers should consider that, while the District's 35,000 acres of open space lands are for the public use and enjoyment, a part of that enjoyment includes the permanent protection of the natural environment, the fragile wildlife habitat, the variety of ecosystems and important watersheds. Low-intensity public use is compatible with protection of these elements, and this 1 District lands is one which we stand by. idtoal , long-standing philosophy, applied g gP P � The District's Board of Directors has not yet decided on the ultimate use for the former Almaden Air Force Station facilities. It may be that future use does not include public vehicular access to the top of Mt. Umunhum, but might instead rely on a network of trails, which would preclude the need for a public road. A District study is now underway to determine which facilities are beyond repair and which could be used in the future for uses compatible with District policy. The Board will use this study to make a final decision, with the public's input, on how to proceed with use and management of the area. Open Space . . . for room to breathe 20th Anniversary - 1972-1992 3.30 Distel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX:415-691-04F35 e Genera!Manager:Iierberl Drench Board of Me(lots:felt,Siemens,Robert MrKibbin, lvena I lenshaw,Ginny Babbitt,Nonette Hanko,Belsy Crowder,Wim de Wit 1 October 8, 1993 Ms. Dale Bryant Page -2- To settle the private road issue via litigation, as your editorial suggests, is the most costly and ineffective method available. The District's preferred method, one which we feel is a better use of the public's money, is to ultimately purchase all the lands over which the road passes, thus assuring undisputed public access. It seems more prudent to wait for willing sellers than to spend the public's resources on court battles for open space areas that we feel will, ultimately, become available. To encourage public use where there is known toxic contamination would certainly not be in our best interest, nor the public's. It is doubtful that any public agency would advocate use under such circumstances. The District is not willing to assume that liability until the federal government has performed the required cleanup. In fact, the District has been largely successful in convincing the federal government to continue the clean-up process. In 1992, the Army Corps of Engineers went so far as to obtain permits to actually do the work, when the federal funding for the project was suddenly and unexpectedly shifted to other uses. The District continues to meet with appropriate elected officials to see that the funding for the cleanup is re-established. The District will hold public workshops over the next six to eight months which will help to clarify the District position and hopefully conclude with a definitive Board decision on the fate of Mt. Umunhum Road and the buildings at the former Almaden Air Force base. Public access in the area will continue to expand as additional acquisitions allow for proper planning and development of public staging areas and trails. This particular area of the District has one of the region's greatest potentials for a vast, unspoiled wilderness preserve, which we will continue to work to achieve. The grand jury report was a timely and important tool in encouraging the District to take action sooner, rather than later. While implementation of some of the grand jury recommendations depends on future decisions of the Board, I can say that the District appreciates the grand jury's detailed analysis, insights and observations into the complex issues 1 involving the District's operations. Sincerer P0Siemens Director, Ward 1 PS/cb/ms cc: Board of Directors FACSIMILE TRANSMITTAL Please deliver to Date Name Company FAX Number ( } Voice Number { } From: Note: Please check that all pages, including this transmittal, have been received. MIDPENINSULA REGIONAL OPEN SPAC,E"DISTRICT (415) 691 -1200 (41 5) 691 -0485 FA/ /., Sent by DaVand Time FA CSIMILE. RANSM/TTAL Please deliver to Date Name µ� Company,-" �g FAX Number ( ) x'" Voice Number ( ) From: Note: Please check that all pages, including this transmittal, have been received. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (415) 691 -1200 ,' (415) 691 -0485 FAX Sent by Date and Time Claims No. 93-18 Meeting 93-21 Date: Oct. 27, 1993 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------------------------------------------------------------------------- 4924 735.87 Ace Fire Equipment Service Company Fire Extinguisher Service 4925 100.00 Acme & Sons Sanitation, Inc. Sanitation Services 4926 449.51 Arne Sign & Decal Company, Inc. Vehicle Logos 4927 225.00 Aaron's Septic Tank Service Sanitation Services 4928 90.98 Artech Laminating Drafting Supplies 4929 90.00 Craig Beckman Reimbursement--Conference Registration 4930 48.00 * Belmont Computer Products Equipment Repair 4931 6,988.45 George Bianchi Construction, Inc. Picchetti Blacksmith Shop Restoration 4932 250.00 Deputy Robert Bosworth Driver Training Class 4933 137.18 Brian Kangas Foulk Feasibility Study 4934 1,078.00 Department of California Dam Fees Department of Water Resources 4935 165.66 California Water Service Company Water Service 4936 1,790.00 Cannis Consulting Engineers Engineering Services--Weeks Road 4937 171.25 Cascade Fire Equipment Company Field Equipment 4938 269.70 Clark's Auto Parts/Machine Shop Vehicle Parts 4939 100.00 Coastside Proflame Propane Fuel 4940 741.09 Comm lications Research Radio Equipment 4941 3,733.25 William Cotton & Associates Consulting Services--Alpine Dam 4942 132.07 Crest Copies, Inc. Bluelines and Photocopying 4943 168.89 Dorfman-Pacific Company, Inc. Uniform Expense 4944 5,341.50 Earth Systems Consultants Consulting Services--Weeks Road 4945 53.97 Egghead Software Computer Software 4946 538.36 Environmental Systems Research Computer Software Institute 4947 410.00 John Escobar Reimbursement--Conference Registration 4948 231.33 Farrelle Commmications Radio Equipment 4949 612.15 Fast Signs Signs 4950 77.94 Film to Frame Photographs 4951 149.90 Foster Bros. Security Systems,Inc. Door Locks 4952 61.18 G & K Services Shop Towels 4953 2,329.00 ** Gateway 2000 Office Equipment 4954 75.85 Goodco Press Printing 4955 119.07 Sharon Hall Photography Photographs 4956 360.75 Honeywell , Inc. Burglar Alarm Maintenance Agreement 4957 3,117.50 Huettig & Schramm, Inc. Construction Management Services--Rancho Field Office 4958 1,659.47 Jeda Publications, Inc. Brochures 4959 158.60 Lanier Worldwide, Inc. Office Supplies 4960 469.88 Los Altos Garbage Company Durrpster Rental 49 163.50 Kenneth Miller Reimbursment--Tuition 62 88.44 Moffett Supply Company Office Building Supplies 4963 337.74 Monogram Sanitation Sanitation Supplies 4964 25.00 Motorola Antenna Site Rent 4965 4,984.09 Murray & Murray Legal Services 4966 86.00 Stanley Norton August Expenses 4967 413.04 Office Depot Office Supplies * Urgent check issued on October 21, 1993. **Urgent check issued on October 20, 1993. Claims No. 93-18 Meeting 93-21 Date: Oct. 27, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------- ------------------------------------------------------------------------- 4968 100.00 Bev Ortiz HonorariuKn 4969 862.47 Orchard Supply Hardware Field Supplies 4970 980.47 Pacific Bell Telephone Service 4971 55.61 Page & Turnbull Architectural Services 4972 70.36 Peninsula Blueprint Color Photocopying 4973 323.44 PIP Printing Printing 4974 18.04 Pitney Bowes Postage Meter Rental 4975 28.86 Precision Engravers, Inc. Brass Nan-ebadges 4976 1,648.64 Quick Silver Printing Printing 4977 1,017.55 Reed & Graham Asphalt 4978 354.50 Roy's Repair Service Vehicle Maintenance and Repairs 4979 34,470.00 Sevan Construction, Inc. Construction--Rancho Field Office 4980 37.09 Smith Equipment Company Equipment Part 4981 3,570.00 United Soil Engineering, Inc. Soil Testing and Inspection 4982 136.01 University Art Center Drafting Supplies 4983 270.00 Valley Title Company Preliminary Title Report 4984 59.75 Value Business Products Office Supplies 4985 5,126.75 Whitmore, Johnson & Bolanos Personnel Consulting Services 4986 94.23 WMI Services: Port-o-let Sanitation Services 4987 48.58 Yardbird Equipment Sales Field Supplies I i TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: October 27, 1993 SUBJECT: FYI ly ' i i i A BRIEF HISTORY OF LEWEKILN AND SODA SPRINGS CANYON As related by Kenny Robinson, 83, of Black Road, Los Gatos, a lifetime local resident. Limekiln Canyon is named for four small limekilns that were operated in the canyon intermittently from the later part of the 19th Century until the 1930s. The northern branch of the canyon is also the site of a rock quarry, still in operation, which was once owned by the prominent Spreckels family. The canyon was also the site of a copper mine that operated briefly around the turn of the century with a water supply piped around the ridge from Soda Springs Canyon. On the south facing slopes at the upper end of the north branch of Limekiln Canyon, the "Jerry" Geruduti family had a home, farm, and prune orchard, which is still evidenced by a green patch on the hillside. One early residence still remains in the canyon, dating from around the turn of the century, and later occupied by the Hogan family. This is the small wood frame house located in the south branch of the canyon. (This is the existing rented house that would be"refurbished and used as a ranger residence according to the grant project proposal). Soda Springs Canyon was locally famous in the late 19th and early 20th centuries for the restorative properties of its mineral springs. My uncle swore that the water is what kept him alive. Visitors would reach the canyon from the railroad stop at the old hamlet of Alma, now beneath the waters of Lexington Reservoir. Two hotels once catered to visitors- the "lower" French Hotel was located above Soda Springs Road where the road makes a sharp bend around the ridge at a grove of Eucalyptus trees. This structure was later used as a county home for boys. It burned down in the thirties. The "upper" French Hotel was located further up Soda Springs Road, opposite the old Sunnyside School. The upper hotel was a converted family residence. Both structures were destroyed by fire about 50 to 60 years ago. Roads and trails were built in the hills behind and adjacent to these canyons for agricultural, mining and homesteading purposes. The early roads were built entirely by hand. Later many of the roads and trails were maintained by a local resident on behalf of the two resident doctors for the town of Los Gatos, who enjoyed horseback riding in the area. In the 1930s the Civilian Conservation Corps cut some additional fire trails in the area. In the 1950s PG&E built roads to access electrical transmission towers that crossed the area. Fina lly, in the 1960s and 1980s, wildfires occurred which resulted in some additional roads being bulldozed in the back country. This effectively completed the present system of trails. As these trails and sites are opened up to public use as part of the proposed Sierra Azul Staging Area Project, the Midpeninsula Regional Open Space District will post and publish information to make the public aware of the history of this area, and will ensure the restoration or protection DOG COMMITTEE MEETING SUMMARY Date: Tuesday, September 28, 1993 Place: Hillview Community Center 97 Hillview Ave., Los Altos, CA Time: 7:30 p.m. - 9:00 p.m. Board Members present: Betsy Crowder, Ginny Babbitt, Wim de Witt Staff present: Randy Anderson, John Escobar, Jean Fiddes, Judy Law, Loro Paterson, John Kowaleski, and Stan Hooper. Estimated that about 60 members of the public were in attendance. Director Babbitt introduced the Board's Dog Committee and staff, and gave an overview of the District. She stated that the goal was to put the District's informal program and policies for dog access into a formal program, after a series of open meetings to collect public input. The number of meetings has not been set. The purpose of this meeting was to clarify current conditions, and listen to public comment. Randy Anderson, Planning Manager, described the background of how the current dog access program evolved. He then displayed a map showing the six preserves that are open to dogs. He also pointed out other non-urban parks comparable to District land, that are open to dogs. Director Babbitt said that the District tries to meet the needs of a variety of users, so a number of interests must be considered throughout the study of the dog policy. She clarified that on the District's 35,000 acres there are about 200 miles of trails. The following members of the public spoke to the committee in favor of increasing the area open to dogs on District land: Dan Bernstein, San Mateo; Deborah Jamison, Cupertino; Lisl Day, Palo Alto; Steve Bennett, La Honda; Susan Cole, Palo Alto; Al Jurafsky, Los Altos; Phyllis Hilton, Palo Alto; Noel Thompson, Menlo Park; Jean Duvall, Portola Valley; Stacy Fox, San Mateo; John Hugguenard, Menlo Park; Carolyn Crow, Los Altos; Margaret Magill, Saratoga; Marj Ottenberg, Saratoga; Lisa Fletcher, Sunnyvale; Richard Forst, San Jose; Ellen Lowenstein, Woodside; Bob Wallace, Saratoga; Howard Lewis, Portola Valley; and Lee Perry, Half Moon Bay. Some of the reasons cited were: the arguments against dog use are not rational, fears about behavior problems are not well founded, studies about the effects on wildlife are inconclusive; current restrictive policies are a western cultural phenomenon, dogs are allowed great access in other parts of the country and in Europe. Dogs have considerably less impact on trails than horses and bikes; it is unfair that trails are open to horses and bikes, but not dog owners; the current trails are too short, too few, and sometimes in areas that are too hot or tick infested - generally inadequate; many people said they feel much safer hiking with their pets; several speakers cited their own problem-free experiences hiking with dogs, sometimes in groups, in park areas outside the District; East Bay Regional Parks successfully provides open dog areas for a similar population; Santa Clara County Parks opened more areas to dogs, and are considering adding areas; dogs on leash and on the trail are not of great concern to wildlife; dog owners are a legitimate use group - there are 48,000 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING ACTING GENERAL MANAGER EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE P ERVE - LANDS OF PENINSULA OPEN SPZrTRUST) The Board of Directors f the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board Directors of the Midpeninsula Regional Open Space District does hereby accept the fer contained in that certain Purchase Agreement between Peninsula Open'Space Trust an the Midpeninsula Regional Open Space District, a copy of which is attached hereto and reference made a part hereof, and authorizes the President or appropriate officers to execu the Agreement on behalf of the District. Section Two. The resident of the Board of Directors or other appropriate officer is authorized to execute a ertificate of Acceptance on behalf of the District. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of cceptance to the seller. The Acting General Manager further is authorized to execu any and all other documents in escrow necessary or appropriate to the closing of the tran ction. Section F ur. The Acting General Manager of the District is authorized to expend up to $2,500 to co r the cost of title insurance, escrow fees, site clean-up, and other miscellaneous c sts related to this transaction. Section Five. It is intended and hereby authorized that the District's General fund will be reimb 'sed in the amount of$140,000 from the proceeds of the next long term District note issue. licensed dog owners in San Mateo County and 80,000 registered in Santa Clara County; longer trails, connecting trails, loop trails are needed to meet the needs of hikers with companion animals; people would like having trails open in their own areas; having well- socialized animals who have been exposed to a variety of experiences benefits everybody. Edward Leakins, Cupertino, spoke against increased dog use, which he feels is incompatible with the District's function of providing urban wildlife preserves, particularly at Rancho San Antonio Open Space Preserve. Public questions for the Board committee resulted in the following clarifications: ■ The District will consider volunteer assistance in formulating and implementing an updated dog use program. ■ The ultimate decision will not be based solely on the statements of those who came to the meetings, as the Board must represent the entire District, with 500,000 constituents. Director Crowder said the Board would ask staff for a summary of reasons for the existing policy, because the current committee was not on the Board when it was established. They would research what caused the policy to be established and present it to the public at the next meeting, along with any operational difficulties that have occurred. Director Babbitt said the Board committee would weigh all the input, including written comments. They will look at the full scope of District usage, considering the purpose of the District. The next meeting is expectedd to occur in early December. At that time, the committee intends to outline the proposed subjects of study and the process whereby the dog policies and program will be reviewed. The specific time and location for this meeting will be announced. The committee would like to bring the process to a close in a thorough and efficient manner. Detailed minutes of public comments and committee responses are available from the District Office upon request. Kathleen Hart Recording Secretary 2 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTAN/GENE TO DISTRICT, AND AUTHORIZINMANAGER OR ASSISTANT GENERAL MANACUTE ANY AND ALL OTHER DOCUMENY OR APPROPRIATE TO CLOSING OSACTION (RANCHO SAN ANTONIO OPEESERVE - LANDS OF PENINSULA OPENT) The Board of Directors of the id peninsula Regional Open Space District does i resolve as follows: Section One. The Board of Dir ors of the Midpeninsula Regional Open Space District does hereby accept the offer co twined in that certain Purchase Agreement between Peninsula Open Space Trust and the idpeninsula Regional Open Space District, a copy of which is attached hereto and by refe nce made a part hereof, and authorizes the President or appropriate officers to execute the greement on behalf of the District. Section Two. The Presid nt of the Board of Directors or other appropriate officer is authorized to execute a Certific e of Acceptance on behalf of the District. Section Three. The cting General Manager of the District shall cause to be given appropriate notice of accep ce to the seller. The Acting General Manager further is authorized to execute any d all other documents in escrow necessary or appropriate to the closing of the transactio . Section Four. The Acting General Manager of the District is authorized to expend u p P to $2,500 to covert cost of title insurance, escrow fees, site clean-up, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District's General fund will be reimbursed in the amount of$140,000 from the proceeds of the next long term District note issue. k fa PLANNING AND CONSERVATION LEAGUE F O U N D A T I O N SHOULD THE GOVERNMENT LOBBY? A Report by the Planning & Conservation League Foundation February, 1990 This report contains an analysis of the extent to which governmental agencies can ask the public to lobby elected officials on behalf of legislation. The report includes an analysis by PCLF Legal Intern Sherry Cermak (UC Davis law school student) , an August 1963 Attorney General's opinion, a Legislative Counsel opinion, and a legal analysis provided to the County Supervisors Association. All these reports conclude that while government can be represented before legislative bodies, it cannot spend public funds to encourage the public to lobby their elected officials, nor can government spend any funds to advocate a position -in election campaigns. These conclusions are vital to environmental protection, since government often advocates positions incompatible with environmental quality, and governmental resources are far larger than those of private citizen organizations. The PCL Foundation will watch California governmental agencies closely to assure . they comply with the conclusions in these reports. Ch„lnrxrn David C.tlirsch 1nrph 1loughmling Rnhctt F;irkat,txl '',. D.icht Steele '.. Williarn Wilcoxen 6cralww.Nfeal,MD. 926 J Street,Suite 612. Sacramento,CA 95814 916.444.8726 FAX 916.448.1789 A numbero0he Ellvironnrenlal Federation af'California . Fr,;n irJ pryrrr TO: Geral Meral FROM: Sherry Cermak REGARDING: Governmental Advocacy on Controversial Issues Question Presented What is the law regarding the rights of governmental entities to advocate partisan positions on controversial issues? Brief Answer The acceptability of governmental advocacy depends on both the type of speech and its intended audience. The California j Supreme Court has examined three types of government speech: 1. ) election campaigning. 2 . ) public agency legislative lobbying. 3 .0 dissemination of necessary information. When government speech is designated as electoral campaigning, there must be clear and explicit statutory language authorizing the expenditure of public funds on the speech. Speech determined to be legislative lobbying is proper only when conducted directly with a legislative body. Governmental entities need no specific authorization to disseminate necessary information, so long as the communication with the public is impartial. Discussion In Stanson v. Mott, 17 Cal. 3d 206 (1976) the California Supreme Court held that the California Department of Parks and Recreation exceeded its authority by spending public funds promoting the passage of a park bond issue. The court ruled that clear and explicit legislative' authorization 's P g i necessary before a public agency may spend public funds to promote a partisan position in an election campaign. (p. 218) Two years later the California court of Appeals (3d District) held that the California Commission on the Status of Women lacked clear and explicit authority to spend public funds in promoting a partisan position on ratification of the ERA. Specifically, the commission had mailed newsletters instructing voters to write their legislators and recommend ratification of the ERA. Miller v. Miller, 87 Cal. App. 3d 762 (1978) . The court stated that statutory language granting an agency broad powers to do whatever is necessary to carry out its purpose was not sufficiently specific to authorize the expenditure of public funds. (p. 772) Both Stanson and Miller distinguished public agency campaigning from public agency legislative lobbying conducted pursuant to California Government Code Sections 50023 and 53060.5 (West, 1987) . Section 50023 states: any legislative body of a public agency may directly or through a representative attend the legislature and Congress and present any information to aid the passage of legislation. . .beneficial to the local agency or to prevent passage of any legislation—cost and expense incident thereto are proper charges to the local agency. (p. 259) Section 53060. 5 uses the same language as section 50023 , but applies it to districts. Although both sections authorize legislative lobbying to local agencies and districts, the Stanson and Miller courts ruled that state agencies have an implied authority to conduct legislative lobbying. However, the authority to conduct legislative lobbying on state or local levels is limited to directly attending and presenting an agency' s or district' s position to the legislature. As the Stanson court points out, there is nothing in sections 50023 or 53060.5 authorizing a public agency or district to direct its lobbying at the public itself. There are no words in either section to encompass a situation where an agency or district spend public funds to persuade voters to lobby on behalf of the agency' s or the district's position. (p.269) This limitation on legislative lobbying was illustrated in 1963 . The Tulare county Board of Supervisors claimed authority under section 50023 to mail information and recommendations on pending legislation to voters. The California Attorney General stated that section 50023 did not authorize the Board's actions, because the section applies only to direct presentations to the Legislature and Congress. 42 Ops. Cal. Atty. Gen. 25 (1963) . The Stanson court noted that a third type of government speech is permissible. No specific legislative authorization is needed when an agency uses public funds to provide necessary information to the public. These communications are limited to fair and evenhanded representations of the information. As guidance on this limitation, the court cited Stern v. Kramarsky, 375 N.Y.S. 2d 235 (1975) : A state agency cannot advocate their favored position on any issue or any candidate. . .to educate, to inform, to advocate, or to promote voting on any issue may be undertaken, provided it is not to persuade nor to convey favoritism, partisanship, partiality, approval, or disapproval by a state agency of any issue, worthy as it may be. (p. 239) Therefore, _Stanson shows that an agency or district may present its viewpoint to the public, as long as it does so fairly and with the intent that the information is being offered to help voters in making informed decisions. This raises the question: what constitutes fair and impartial? To be truly fair and i impartial the agency should present different viewpoints from its own, in its communications to the public. However, the agency will likely prepare the opposing viewpoints itself, rather than grant equal time access for their opponents. In such a situation, the agency may gain an advantage in persuading the public to accept its viewpoint. Whether intentionally or not, the agency may focus attention on issues or present them in a manner that undermines the opposing viewpoint. Conclusion Public agency legislative "lobbying is proper only when directed at the legislature itself. Therefore, government speech directed at the public itself must be analyzed to determine whether it is election campaigning or the dissemination of necessary information. If it is election campaigning there must be clear and specific statutory authorization for the expenditure of funds on the speech. If it is the dissemination of necessary information, it should be impartial and evenhanded. Any government that directs voters to lobbytheir legislators is sus particularly suspect. There should be no att empt to direct voters toward the government 's viewpoint. i Clair 'o. 93-18 Meeting 93-21 Date: Oct. 27, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 4924 735.87 Ace Fire Equipment Service Company Fire Extinguisher Service 4925 100.00 Acme & Sons Sanitation, Inc. Sanitation Services 4926 449.51 Arne Sign & Decal Company, Inc. Vehicle Logos 4927 225.00 Aaron's Septic Tank Service Sanitation Services 4928 90.98 Artech Laminating Drafting Supplies 4929 90.00 Craig Beckman Reimbursement--Conference Registration 4930 48.00 Belmont Computer Products Equipment Repair 4931 6,988.45 George Bianchi Construction, Inc. Picchetti Blacksmith Shop Restoration 4932 250.00 Deputy Robert Bosworth Driver Training Class 4933 137.18 Brian Kangas Foulk Feasibility Study 4934 1,078.00 Department of California Dam Fees Department of Water Resources 4935 165.66 California Water Service Company Water Service 4936 1,790.00 Cannis Consulting Engineers Engineering Services--Weeks Road 4937 171.25 Cascade Fire Equipment Company Field Equipment 4938 269.70 Clark's Auto Parts/Machine Shop Vehicle Parts 4939 100.00 Coastside Proflame Propane Fuel 4940 741.09 Communications Research Radio Equipment 4941 3,733.25 William Cotton & Associates Consulting Services--Alpine Dam 4942 132.07 Crest Copies, Inc. Bluelines and Photocopying 4943 168.89 Dorfman-Pacific Company, Inc. Uniform Expense 4944 5,341.50 Earth Systems Consultants Consulting Services--Weeks Road 4945 53.97 Egghead Software Computer Software 4946 538.36 Environmental Systems Research Computer Software Institute 4947 410.00 John Escobar Reimbursement--Conference Registration 4948 231.33 Farrelle Communications Radio Equipment 4949 612.15 Fast Signs Signs 4950 77.94 Film to Frame Photographs 4951 149.90 Foster Bros. Security Systems,lnc. Door Locks 4952 61.18 G & K Services Shop Towels 4953 2,329.00 * Gateway 2000 Office Equipment 4954 75.85 Goodco Press Printing 4955 119.07 Sharon Hall Photography Photographs 4956 360.75 Honeywell, Inc. Burglar Alarm Maintenance Agreement 4957 3,117.50 Huettig & Schromim, Inc. Construction Management Services--Ranchc Field Office 4958 1,659.47 Jeda Publications, Inc. Brochures 4959 158.60 Lanier Worldwide, Inc. Office Supplies 4960 469.88 Los Altos Garbage Company Dumpster Rental 4961 163.50 Kenneth Miller Reimbursment--Tuition 4962 88.44 Moffett Supply Company Office Building Supplies 4963 337.74 Monogram Sanitation Sanitation Supplies 4964 25.00 Motorola Antenna Site Rent 4965 4,984.09 Murray & Murray Legal Services 4966 86.00 Stanley Norton August Expenses 4967 413.04 Office Depot Office Supplies * Urgent check issued on October 21, 1993. **Urgent check issued on October 20, 1993. Claims No. 93-18 Meeting 93-21 Date: Oct. 27, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 4968 100.00 Bev Ortiz Honorarium 4969 862.47 Orchard Supply Hardware Field Supplies 4970 980.47 Pacific Bell Telephone Service 4971 55.61 Page & Turnbull Architectural Services 4972 70.36 Peninsula Blueprint Color Photocopying 4973 323.44 PIP Printing Printing 4974 18.04 Pitney Bowes Postage Meter Rental 4975 28.86 Precision Engravers, Inc. Brass Namebadges 4976 1,648.64 Quick Silver Printing Printing 4977 1,017.55 Reed & Graham Asphalt 4978 354.50 Roy's Repair Service Vehicle Maintenance and Repairs 4979 34,470.00 Sevan Construction, Inc. Construction--Rancho Field Office 4980 37.09 Smith Equipment Company Equipment Part 4981 3,570.00 United Soil Engineering, Inc. Soil Testing and Inspection 4982 136.01 University Art Center Drafting Supplies 4983 270.00 Valley Title Company Preliminary Title Report 4984 59.75 Value Business Products Office Supplies 4985 5,126.75 Whitmore, Johnson & Bolanos Personnel Consulting Services 4986 94.23 WMI Services: Part-o-let Sanitation Services 4987 48.58 Yardbird Equipment Sales Field Supplies 4988 92.50 Pacific Gas & Electric Company Electrical Hookup 4989 450.00 Sevan Construction, Inc. Septic Fees for Rancho Field Office 4990 660.55 Petty Cash Film and Developing, Photographs, Local and Out-of-Town Meeting Expenses, Conference Expenses, Field and Office Supplies, Docent and Volunteer Expens, and Private Vehicle Expense