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19950322 - Agendas Packet - Board of Directors (BOD) - 95-07
. A Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California March 22, 1995 (7:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 7:00 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Labor Negotiations - Government Code Section 54957.6(a) A. Conference with Labor Negotiator - Represented Employees Agency Negotiator: Susan Schectman Employee Organization: S.E.I.U. Local. 715 B. Conference with Labor Negotiator - Office, Supervisory, and Management Employees Agency Negotiator: L. Craig Britton (7:30) ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES February 22, 1995 (Consent Item) March 8, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS *** 1. Adoption of the Relative Site Emphasis Plan (Five-Year Capital Improvement for Development of District Preserves) and Use and Management Plan Target Review Schedule for 1995-1996 -- R. Anderson 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-07 Page 2 2. Adoption of the 1995-1996 Action Plan for the Implementation of the Basic Policy of the Mid peninsula Regional Open Space District -- C. Britton (7:45) 3. Acceptance of 1995-1996 Insurance Premiums, Totaling $149,421, for District's Property and General Liability, Umbrella Liability, Automobile, Fidelity Bond, and Public Entity Errors and Omission Insurance Coverage -- J. Fiddes (7:50) 4. Approval of Two-Year Memorandum of Agreement Between the District and Local 715, Service Employees International Union, AFL-CIO/CLC for District's Rangers, Open Space Technicians, Lead Open Space Technicians, and Equipment Mechanic-Operators -- S. Schectman Resolution Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715 Service Employees International Union, AFL-CIO/CLC (8:05) 5. Approval of 1995-1996 Salary and Benefit Adjustments for Office, Supervisory, and Management Staff-- J. Fiddes (8:20) 6. Approval of Budget for Fiscal Year 1995-1996 a) Staff Report -- C. Britton b) Administration and Budget Committee Report -- T. Henshaw Resolution Adopting Budget for Fiscal Year 1995-1996 (8:30) 7. Approval of Permits to Enter for the United States Geological Survey and Their Contractor, William Lettis & Associates, to Conduct a Seismology Study on Rancho San Antonio Open Space Preserve -- S. Cochran 8. Adoption of Minor Amendment in District's Access Plan for Persons with Disabilities and Acceptance of Proposed Approach to Provide Trail Access Information -- R. Anderson (8:45) 9. Review of Request for Proposal Process for Former Air Force Buildings and Structures at Mt. Umunhum, Determination that Structures are Not Suitable for Alternative Uses, and Approval of Staff Proposal to Investigate Alternatives for Demolition or Salvage of the Structures and to Restore the Site -- R. Anderson (8:55) 10. Authorization to Execute Agreement with Santa Clara County to Purchase 40- Acre Bartkowski et al. Property Adjacent to El Sereno Open Space Preserve Based on County's $50,000 Contribution to the $237,500 Purchase Price; Reaffirmation of Preliminary Use and Management Recommendations for the Property; and Dedication of the Property as Public Open Space -- C. Britton Meeting 95-07 Page 3 Resolution Approving and Authorizing Execution of an Agreement with Santa Clara County for Purchase of Real property, Authorizing Officer to Execute Scenic and Open Space Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Sierra Azul Open Space Preserve, Lands of Bartkowski, et al) 11. Adoption of Resolution Supporting Continued Funding for the Bay Conservation and Development Commission -- C. Britton 12. Acceptance of$34,800 Bid from Randazzo Enterprises of Castroville and Award of Contract for Demolition of Structure at 140 La Honda Road (La Honda Creek Open Space Preserve) -- M. Gundert 13. Approval of Annual Claims List, Including Debt Service Payments, for 1995- 1996 Fiscal Year -- J. Fiddes (9:05) 14. Authorization to Solicit Bids for One Full-Size Tractor with Articulating Boom Mower -- J. Escobar (9:10) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: 77mes 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. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***,dll items on Lhe consent cakadar Lhall be q=roved with12ut discussion by one maLtm Uttku a Board member removes an items from the consent calendar for=arate discussion, A member of the public may rea= under oral communications that an item be removed from the consent calendar, Open Space, -------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-04 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS February 22,E 1995 MINUTES ' I. ROLL CALL President Pete Siemens called the Special Meeting to order at 6:30 P.M. Members Present: Pete Siemens, Ginny Babbitt, Betsy Crowder, Mary Davey, Teena Henshaw, and Wim de Wit. Members Absent: Nanette Hanko Personnel Present: Craig Britton, Jean Fiddes, John Escobar, and Sue Schectman. II. CLOSED SESSION P. Siemens stated that the Board would be meeting in Closed Session for the purpose of discussing Special Meeting agenda item number one. The Board recessed to the Closed Session Special Meeting at 6:35 P.M. The Special Meeting was adjourned at 7:25 P.M. P. Siemens called the Regular Meeting to order at 7:33 P.M. and announced that the Board met in Closed Session to give instructions to its labor negotiators. Additional Personnel Present: Malcolm Smith, Randy Anderson, and Susan Dale. III. ORAL COMMUNICATIONS There were no oral communications. IV. ADOPTION OF AGENDA Motion,: T. Henshaw moved that the Board adopt the agenda. G. Babbitt seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR P. Siemens requested the written communication response to William Obermayer, 22400 Skyline Boulevard, #22, La Honda be removed from the consent calendar. P. Siemens stated he would prefer that District legal counsel S. Schectman draft a response to Mr. Obermayer's letter for the Board's consideration at their March 8 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-04 Page 2 meeting and requested the response be revised to reflect how the response will be handled. Motion: B. Crowder moved that the Board adopt the consent calendar as revised including approval of minutes dated January 25, 1995; approval of the response to the written communication dated February 3, 1995 from Harry Haeussler, 1094 Highland Circle, Los Altos, and revised claims 95-04. T. Henshaw seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Agenda Item 1 Election to Complete the Acquisition of the Remaining 889 Acres Owned by Alan Hosking at El Corte de Madera Creek Open Space Preserve far Approximately $6 260.131 and Reaffirmation of the District's Intention to Dedicate the Prol, M as Public Open Space ( 9R 5_26) D. Woods described the 889-acre property (parcels 2 and 2A) as being approximately one-third of El Corte de Madera Creek Open Space Preserve and providing a trail loop joining La Honda Creek Open Space Preserve. C. Britton noted that the District took title to parcels 2 and 2A in 1986 and they were subject to a defeasance in 1995, if the District elected not to complete the purchase. He explained the history of this complicated transaction with Alan Hosking for the entire 2,784-acre site and the financing mechanisms involved. He noted that under the original second amended agreement with Mr. Hosking the purchase price for parcels 2 and 2A was to have been $8,291,000. He said the net cost for the property will be $6,260,131 because of credits due the District resulting from Mr. Hosking's bankruptcy agreement. Motion: T. Henshaw moved that the Board adopt Resolution 95-05, a Resolution of The Board of Directors of the Midpeninsula Regional Open Space District Authorizing Exercise of Final Defeasance Option, Authorizing Officer to Execute Certificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Corte de Madera Open Space Preserve - Lands of Hosking). B. Crowder seconded the motion. The motion passed 6 to 0. Director Henshaw left the meeting at the conclusion of this agenda item. B. Agenda Item 2 - Authorization to Purchase 40-Acre Bartkowski et al PLQpffly Adjacent to El Sereno Oren Space Preserve for $237,5QQ as Possible Joint Project with Santa Clara County and Approval of Preliminary Use and Management Recommendations for the ProMigy (Report R-95-22) Meeting 95-04 Page 3 D. Woods pointed out the location of this property adjacent to El Sereno Open Space Preserve and discussed how it would enhance future trail routes to Skyline Sanborn County Park with connections to the ridge trail system. C. Britton stated the property's purchase price is $237,500 and reviewed the status of Santa Clara County's potential participation in the acquisition of the property. He said the County's participation decision has to be made by March 15, and staff would return to the Board for final determination on the property's status. He said the purchase contract stipulated that the District could buy the property without the County's participation, but was not obligated to do so. Motion: M. Davey moved that the Board adopt Resolution 95-06, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and An Other Documents Necessary or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve - Lands of Bartkowski et al.). B. Crowder seconded the motion. The motion passed 5 to 0. Motion: M. Davey moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations, including naming the property as an addition to El Sereno Open Space Preserve and indicate their intention to withhold the property from dedication as public open space at this time. B. Crowder seconded the motion. The motion passed 5 to 0. T. Henshaw was not present for the vote. C. Agenda RCM 3 - Scheduling of March 15 S=ial Meeting (R=rt R-95-2 C. Britton announced that this was the official scheduling of the March 15 Special Meeting workshop between management team and Board for the purpose of reviewing relationships; parliamentary procedures; Roberts Rules of Order; capital improvement project planning and budgeting process. P. Siemens requested that a short discussion of public participation in the Regional Open Space Plan also be included on the agenda. S. Schectman recommended a Closed Session be scheduled at 7:30 P.M. for the purpose of discussing labor relations. Motion: M. Davey moved that the Board schedule a Special Meeting for Wednesday, March 15 beginning at 5:30 P.M. at the District office. G. Babbitt seconded the motion. The motion passed 5 to 0. T. Henshaw was not present for the vote. VII. INFORMATIONAL REPORTS Meeting 95-04 Page 4 C. Britton reported that 1) escrow closed on the Big Dipper Ranch and Acronico properties; 2) he received a letter from the Chief of the Department of Army regarding new funding to clean-up Mt. Umunhum and requesting an extension to their access agreement. B. Crowder reported Anna Eshoo invited her to attend an Environmental Advisory Board muting, adding she would not be able to attend. C. Britton reported he too had received an invitation to the meeting, but was unable to attend. C. Britton asked if W. de Wit would be willing to attend the meeting in behalf of the District, if he was available. M. Davey reported on the 1995 Special District Board Management Institute she recently attended. W. de Wit reported the San Mateo County Alternative Funding Committee is now called the Ballot Measure Committee and is moving forward to get on the November 1996 ballot to request a 1/2 cent sales tax on behalf of schools, libraries, and parks. J. Escobar reported on two accidents on District preserves and on the mountain lion sightings and postings at Rancho San Antonio Open Space Preserve. R. Anderson reported 1) the Greenbelt Alliance and Bay Area Ridge Trail Council are hosting a regional trails workshop at the District's office on February 27 at 6:00 P.M.; 2) Governor Wilson has proposed elimination of the San Francisco Bay and Development Commission from the State budget and the District will be sending a letter to BCDC protesting this decision. P. Siemens suggested a resolution from the Board on the BCDC matter be placed on the next agenda. R. Anderson reported that the District had received a $30,000 historic grant from the County of Santa Clara for the Picchetti Homestead house. M. Smith reported that the Kids' Art of Open Space reception will be March 1. He reported on the District's decision to be proactive concerning the resent mountain lion kill at Rancho San Antonio Open Space Preserve and discussed newspaper and television coverage of the incident. S. Schectman commented on the recent procedural ruling related to the Santa Clara County Open Space Authority lawsuit. VIII. ADJOURNMENT The meeting was adjourned at 8:40 P.M. Susan Dale Recording Secretary Claims No. 95-03 Meeting 95-03 Date: February 8, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7084 190.05 Acorn Naturalists Books 7085 1,300.00 Adanac Fire Protection, Inc. Fire Sprinkler Modifications 7086 84.90 All Laser Service Printer Service 7087 541.25 Artefact Design Artwork for Poster 7088 211.21 AT&T Telephone Service 7089 47.61 Craig Beckman Reimbursement--Bicycle Tires 7090 40.00 Black Mountain Spring Water Water 7091 112.01 R.E. Borrmann's Steel Co. Field Supplies 7092 9.00 Breon, O'Donnell, Miller Legal Services 7093 21.50 Dick Bruhn, Inc. Uniform Supplies 7094 6.35 Cabela's, Inc. Uniform Shipping 7095 50.00 California Park&Recreation Society Advertisement 7096 3,500.00 Causey Demgen & Moore, Inc. Promissory Note Expense 7097 346.40 * Color Plus Laboratory Photo Processing 7098 833.53 Design Concepts Design, Typesetting&Production 7099 52.15 Deirdre Dolan Reimbursement - Personal Vehicle Expense 7100 371.56 Employment Development Department State Unemployment Insurance 2,626.00 7101 127.50 John Escobar Reimbursement - Dues & Meeting Expense 7102 56.50 Farrelle Communications Radio Repair 7103 40.00 Jean H. Fiddes Reimbursement -Business Meeting Expense 7104 59.51 ** Florentine Restaurant Business Meeting Expense 7105 22.45 Foster Bros. Security Systems Keys 7106 21.61 G & K Services Shop Towel Service 7107 277.41 Gardenland Power Equipment Field Supplies 7108 54.10 Phil Hearin Reimbursement - Bicycle Tires 7109 75.00 Jobs Available Subscriptions 7110 70.08 Emma Johnson Reimbursement - Office Supplies 7111 6.49 Keeble & Shuchat Photography Photos 7112 688.44 Kielty & Dayton, Inc. Office Supplies 7113 13.01 Kwik Key Lock & Safe, Inc. Key Replacement 7114 655.75 Lanier Worldwide, Inc. Copier Lease 7115 221.87 Los Altos Garbage Co. Dumpster Rental 7116 2,420.88 Merwin (Bucky) Mace Consulting Services 7117 2,375.00 Marshall Roofing Ranger Residence Roof Repair 7118 161.30 MetroMobile Communications Radio Repairs 7119 45.47 Ken Miller Reimbursement - Bicycle Tires 7120 220.11 Moffett Supply Company Sanitation Supplies 7121 58.48 Monogram Sanitation Shipping Charges 7122 102.92 Northern Energy, Inc. Fuel 7123 286.75 Pacific Bell Telephone Service 7124 40.00 Palo Alto Weekly Subscription 7125 55.85 Peninsula Blueprint, Inc. Bluelines 7126 366.71 Pitney Bowes, Inc. Postage Machine Maintenance & Supplies 7127 54.10 Tom Randall Reimbursement - Bicycle Tires * Urgent check issued on January 25, 1995 **Urgent check issued on January 25, 1995 Claims No. 95-03 Meeting 95-03 February 8, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7128 431.63 Roy's Repair Service Vehicle Maintenance & Repairs 7129 12.99 Russ Enterprises, Inc. Signs 7130 2,329.53 Shoreline Printing & Graphics, Inc. Poster Printing 7131 53.91 Taylor Rents Vehicle Supplies 7132 106.39 TransCom Corporation Radio Repair 7133 129.00 U.S. Rentals Equipment Rental 7134 364.14 Wajax-Pacific Fire Equipment, Inc. Field Supplies 7135 182.12 Michael Williams Reimbursement - Personal Vehicle & Dues 7136 29.99 Yardbird Equipment Sales Field Supplies 7137 124.33 Barclays Law Publishers Resource Material 7138 3,250.00 Curtis Becker Construction Construction—Daniels Nature Center 7139 7,955.00 Gateway 2000 Computers 7140 903.25 HMC Group Consulting Services 7141 90.00 Hulberg& Associates, Inc. Appraisal Services 7142 756.00 Monta Vista Travel Training Expense 7143 45.00 Pesticide Applicators Professional Assn. Seminar Tuition 7144 2,000.00 Postage by Phone Postage for Meter 7145 465.65 Petty Cash Office and Field Supplies, Film and Developing, Professional Dues, Resource Documents, Postage and Private Vehicle Expense i i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-05 _REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS March 8, 1995 MINUTES I. ROLL CALL President Pete Siemens called the Special Meeting to order at 6:38 P.M. Members Present: Peter Siemens, Mary Davey, Teena Henshaw, Nonette Hanko, Ginny Babbitt, Betsy Crowder, and Wim de Wit. Personnel Present: Craig Britton, Jean Fiddes, Sue Schectman, and John Escobar. II. CLOSED SESSION P. Siemens stated that the Board would be meeting in Closed Session for the purpose of discussing Special Meeting agenda items one and two. The Board recessed to Closed Session Special Meeting at 6:38 P.M. The Special Meeting was adjourned at 7:33 P.M. P. Siemens called the Regular Meeting to order at 7:40 P.M. He announced that the Board had been meeting in Closed Session to give instructions to the District's labor negotiators for agenda item one and that the Board would reconvene the Closed Session at the end of the Regular Meeting to discuss agenda item two. Additional Personnel Present: Randy Anderson, Malcolm Smith, Linda Hyman and Emma Johnson. III. ORAL COMMUNICATIONS There were no oral communications. IV. ADOPTION OF AGENDA Motion: T. Henshaw moved that the agenda be adopted. G. Babbitt seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR N. Hanko requested that the response to the written communication from William Obermayer be removed from the consent calendar. Motion: T. Henshaw moved that the Board adopt the consent calendar including approval of minutes of February 8, 1995; draft responses to written communications from Harry Haeussler, 1094 Highland Circle, Los Altos, and Dave Scholz, 1548 Klamath Drive, Sunnyvale; and Revised Claims 95-05. G. Babbitt seconded the motion. The motion passed 7 to 0. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-05 Page 2 VI. YMIIM COMMUNICATION N. Hanko, referring to the letter from William Obermayer, 22400 Skyline Boulevard, #22, La Honda, asked if the new language in the Public Notification Policy adopted on February 8, 1995 would have made a difference in Mr. Obermayer being notified of the meeting at which the Acronico purchase was discussed. C. Britton said that the neighbors in question would not have been officially notified under the revised policy. He said that staff has been in contact with William Sorich, and residents of Portola Park Heights were present at the meeting at which the property purchase was approved. Motign: N. Hanko moved that the Board adopt the written response to William Obermayer. B. Crowder seconded the motion. The motion passed 7 to 0. B. Crowder and P. Siemens expressed the Board's appreciation for the work that D. Blackman did on the response. VII. BOARD BUSINESS A. Agenda Item No. I - Appgintment of P= Officer - Linda Hyman (RQQII R-95-30 J. Escobar reported that the District's newest ranger, Linda Hyman, has met the necessary Penal Code requirements to qualify her for appointment and introduced her to the Board. Motign: B. Crowder moved that the Board adopt Resolution 95-07, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer. M. Davey seconded the motion. The motion passed 7 to 0. P. Siemens presented L. Hyman with her District badge. B. Agenda Item No 2 - Tentative Adoption of the Relative Site Emphasis Plan (Five Year QVital Improvement for DevelWment of District Preserves) and Use and Management Plan Target Review Schedule for 1995-1996 (Report R-95-33) C. Britton noted that the Board had reviewed the proposed Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule at its January 25, 1995 meeting and that the plan was being presented again in conjunction with the Board's review of the Action Plan and proposed budget. R. Anderson said the proposed Plan had been amended to include accelerating the Monte Bello Open Space Preserve south ridge parking lot project and the rescheduling to 1996-1997 the demolition of the sewage treatment plant and construction of a new staging area at Pulgas Ridge Open Space Preserve. He noted that projects in the Site Emphasis Plan were prioritized as either "A" top priority, or "B" second priority projects and that the budget for B projects were allocated at 50% of the projects' estimated cost. H. Haeussler noted his disapproval of putting a priority B on the parking lot at Windy Hill Open Space Preserve since it had already been delayed. C. Britton said timing for the project had not been delayed since the Board's previous review; the undergrounding is planned for 1995-1996 and construction will be next year. He said staff felt that the project could only be done over a two-year period. N. Hanko asked where the Good Neighbor meeting might take place this year. R. Anderson said there are several workshops scheduled in 1995-1996, and C. Britton noted that Purisima Creek or El Corte de Madera Open Space Preserves were possibilities for the Meeting 95-05 Page 3 meeting. N. Hanko suggested that Portola Park Heights would be a good choice for a Good Neighbor meeting. Motion: G. Babbitt moved that the Board tentatively adopt the Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule as amended. T. Henshaw seconded the motion. The motion passed 7 to 0. C. Agenda Item No 3 - Tentative Adoption of the 1995-1996 Action Plan for the Implementation of the Basir, Policy of the Midpcninsula Regional QMn Space District (RM= R-95-291 C. Britton reported that the Board had reviewed the proposed Action Plan for the 1995- 1996 fiscal year at its meeting of February 8, 1995 and that staff had incorporated the amendments discussed at that meeting. N. Hanko wanted to add the south ridge parking lot on Monte Bello Open Space Preserve to the Negotiations and Special Projects Subprogram. C. Britton said that staff, while not focusing on specific acquisition activities in the key projects and other projects and activities, would note the Board's specific interest in the project. After discussion of where to insert the project, it was agreed to change number 1 of Gifts, Grants, and Bargain Sales to read: "...through available grant funding, bargain sales and/or gifts where possible." B. Crowder noted that she would like to have included a mention of the completion of the Bay Trail system. After discussion, the Board agreed that Key Project, number 4 "Trail Easements" be amended to read "...furthering the completion of the Bay Area Ridge Trail and Bay Trail system." Each program manager noted that changes were made to the plan based on the Board's review at its February 8 meeting. Motion: T. Henshaw moved that the Board tentatively adopt the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1995-1996 Fiscal Year as amended. B. Crowder seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4 - Presentation of the Budget for Fiscal Year 1995-1996 (R=rts R-95- M C. Britton reported that staff, instead of targeting 6% growth for operating expenses, had targeted 5.5% for the 1995-1996 budget. He said two additional staff positions are proposed in the budget, a second equipment mechanic-operator and an additional half-time receptionist. C. Britton reviewed M. Foster's report noting relatively flat growth in property tax income is forecast. He said the Hosking transaction comprises $6.26 million of the $7.26 million of subordinated land contract debt included in the proposed budget. R. Anderson noted that most of the Planning Program budget was tied to projects in the Site Emphasis Plan. J. Escobar reported that the Operations Program budget includes increasing seasonal workers' hours, purchasing a tractor, and adding another equipment mechanic-operator. M. Smith said that the Public Affairs budget is approximately 5.5% lower than last year's budget even though the program's activities have been maintained and in some areas expanded. J. Fiddes said that the Administration Program budget includes Meeting 95-05 Page 4 additional funding for the receptionist position. She said that the Administration and Budget Committee and General Manager are proposing a $25,000 cap on salary incentive awards and that the program would be reviewed during the next six months. H. Haeussler said he had attended most of the Administration and Budget Committee meetings and commended the Committee members and staff on their work. He noted that debt service is 54% of tax revenue and expressed his concern about it being so high, adding it should be half or lower. T. Henshaw said that the Administration and Budget Committee's report would be presented to the Board for approval at the March 22 meeting. E. Agenda Item No. S An=intment of Auditor for 1994 1995 Fiscal Year (Report R-95-32) Motion: T. Henshaw moved that the Board appoint Vargas and Company as the District's auditors for the 1994-1995 fiscal year. G. Babbitt seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS C. Britton reported that 1) approximately 900 bills were filed in the state legislature and that the District has a bill, AB 700, to add mountain bicycling and paragliding to the list of hazardous recreational activities; 2) the District has a signed option on the Rancho de Guadalupe property; 3) the District received a signed contract from the Land and Water Fund Grant for the Saratoga Gateway project; 4) staff sent a letter to Linda Dyson on the San Mateo County Alternative Funding Committee to open discussions about the District participating in that process; and 5) Santa Clara County Special Districts Association has scheduled a meeting on March 30 at which Ralph Heim will speak and confirmed that P. Siemens is the District's Board representative for the event. N. Hanko reported that the Perham family has requested involvement in the historical commemoration for Rancho San Antonio and that the Legislative, Finance, and Public Affairs Committee has requested that staff contact the family regarding their request. She requested a status report to the Committee at the next meeting. B. Crowder reported that she is a member, along with three mountain bicyclists, an equestrian, and two hikers, of the El Corte de Madera Task Force that is meeting to work on recommendations to the Use and Management Committee. She said the task force is one of the most successful meetings of divergent opinions and that it has been an excellent experience. She said that she received a call from Ted Lempert who said he is going to run for Byron Sher's state legislative position. M. Davey complimented and thanked staff for the Docent Newsletter. She thanked staff for making the Kids' Art show a great event and suggested that there be a way for individuals to purchase the artwork as a fundraiser. P. Siemens reported that the Los Gatos Trail celebration is scheduled April 29, and will officially open the last link of the Los Gatos Trail. Meeting 95-05 Page 5 W. de Wit reported on the meeting of conservationists hosted by Anna Eshoo on the political climate in Washington, DC. He said that he attended a meeting with the San Mateo County School Superintendent regarding the San Mateo County alternative funding ballot measure. M. Smith reported that 43 schools participated in Kids' Art of Open Space, with a total of 848 entries and 11 of the District's 16 cities participating. He said 175 to 200 people attended the event and that the art will be displayed at various libraries and public buildings within the District. R. Anderson reported that the final signed agreement was received for the CalTrans Oak Mitigation Project at St. Joseph's Hill. J. Escobar reported that the District will put announcements about mountain lions on bulletin boards at preserves in addition to the more extensive posting at Rancho San Antonio Open Space Preserve. He reported on one equestrian accident at Fremont Older Open Space Preserve. C. Britton reported that the Santa Clara County Special District Association is seeking nominations for the association's Board and asked if P. Siemens would like to serve. C. Britton asked if anyone would be willing to represent the District at the Butano crossing trail event on Trail Days, April 29. B. Crowder said she would let him know at a later time if she would volunteer. Ix. SPECIAL MEETING CLOSED SESSION (Continued) P. Siemens announced at 9:15 P.M. that the Board would adjourn the Regular Meeting and reconvene in Closed Session to consider agenda item number two, Conference with Labor Negotiator - Unrepresented Employees. The Board reconvened in the Special Meeting Closed Session at 9:20 P.M. T. Henshaw was not present for this portion of the Closed Session. Ix. ADJOURNMENT The Special Meeting Closed Session was adjourned at 9:50 P.M. Emma Johnson Recording Secretary Claims No. 95-05 Meeting 95-05 Date: Mar. 8, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7228 758.21 Acute Computer Technology Computer Upgrade 7229 124.38 All Laser Service Equipment Supplies 7230 621.68 AT&T Telephone Maintenance and Service 7231 158.00 Backs Shoes Uniform Expense 7232 40.00 Black Mountain Water Service Water Service 7233 141.91 Dick Bruhn, Inc. Uniform Expense 7234 78.42 California Water Service Company Water Service 7235 79.00 Career Track Seminar Reg istration--S.Dale 7236 62.98 Carleen Bruins Private Vehicle Expense 7237 30.56 Cascade Fire Equipment Company Field Equipment Parts 7238 110.00 *1 Annette Coleman Reimbursement--Uniform Expense 7239 129.33 Annette Coleman Reimbursement--Field Supplies 7240 17.50 Patrick Congdon Reimbursement--Professional Dues 7241 352.23 Alice Cummings Reim bursement--Seminar Expense 7242 200.00 Curtis Becker Construction Enterprise Repairs 7243 715.05 Mary Davey Reim bursement--Special District Institute Expenses 7244 3,752.34 Design Concepts Design Production Projects 7246 447.52 First American Title Insurance Company Title Insurance 7247 300.00 *2 Four Seasons Seed Company Field Landscaping 7248 20.45 G & K Services Shop Towel Services 7249 575.00 Goldfus Enterprises, Ink Consulting--Kids Art of Open Space 7250 273.57 Goodco Press Incorporated Volunteer Newsletter Printing 7251 94.90 Grainger Vehicle Equipment 7252 96.05 Mary Gundert Private Vehicle Expense 7253 997.76 Hertz Equipment Rental Field Equipment Rental 7254 244.49 Home Depot Field Supplies 7255 02.59 Linda Hyman Reimbu rsement--Private Vehicle and � Conference Expense � 7256 218.60 HytehCornrnunioadono' Inc. Reprogram Radio 7357 3,482.40 JedoP|ub|ioationm Field Brochures 7358 68.09 Kaiser Cement Corporation Beoopook 7258 51.56 Keeb|e & ShuohmtPhotography Film and Developing � 7260 828.26 Lanier Worldwide, Inc. Photocopy Maintenance Agreement 7261 :793.41 a Los Altos Garbage DurnpotorRenta| � 663.13 � 7262 151.55 Lyngao Garden K8mte,ia|o Inc. Landscaping Materials--Field Office 7263 1,295.37 K8ervvin (Bucky) Mace Consulting Services 7364 52.57 Brian Malone Reimbursement--Field Equipment 7365 9'880.00 Marshall Roofing Roof ing-Enterpriom 7266 9'700.45 Merrill Corporation Official Stotemnento-96 Notes 7267 5'000.00 K800dy'o Investors Service Rating Service-88 Notes 7288 55.00 National Recreation and Park Association Subscription 7369 80.50 Michael Nevvburn Reim buramnment-RmngerResidence Repairs ° 1 Urgent check issued on March 2' 1995. ° 2 Urgent check issued Wary 27' 1995. Cloimo95-O Meeting 95-05 Date: K8ec8.1Q95 REVISED K8|DPEN|N@ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7270 232.05 Pacific Bell Telephone Service 7271 115.34 Paul's Draperies Office Furnishings 7272 572.95 Pi|oroitomOuarry Bao*rook 7273 302.56 PIP Printing Photocopying 7274 32.48 Pitney Bowes Postage Machine--Supplies 7275 340.00 RTElectric Electrical Work--Nature Center 7276 48.95 Roknn |nte/nationo| Equipment Repair 7277 2348.86 Roy'm Repair Service Vehicle Maintenoe and Repairs 7278 481.78 S & VV Equipment Co. Equipment Repair 7279 17.20 San Francisco Newspaper Agency Subscription 7280 98.78 Safety-K|een Corporation Solvent Tank Service 7281 29.07 San Jose Mercury News Subscription 7282 60.00 David Sanguinetti Reimbursement--Professional Dues 7383 648.56 °3 San Mateo County Tax Collector Property Taxes 7284 4'183.86 Suoon8chectnnan Additional Legal Services 7285 119.54 Shell Oil Company Fuel 7286 1'353.47 Signs Of The Times Field Signs 7287 134.52 Ma|oo|nn Smith Private Vehicle Expense 7288 18.00 °4 Sonoma County Health Department Medical Services 7289 26.82 State Board ofEqualization Field Asbestos Removal 7290 2.882.43 Teoter& Etc. Computerized Map Changes � 7281 1.707.30 3E Engineering Engineering Services 7292 297.70 Virg Harkins Sign 7293 1'320.00 U. S. Rents Rental Equipment 7384 211.08 VVaatcoamtRebarCompany Field Supplies 7285 381.25 VVi|d|endo Restoration Tmonn Restoration Project-Pu|Qon Ridge 7386 96.90 K0inhee| Williams Private Vehicle Expense 7297 228.84 Workingman's Emporium Uniform Expense 7288 744.54 Y'erbo Buena Nursery Restoration Plants 7298 55.00 Zox E|octnznioP|ubUoaUone Resource Documents 7300 3.500.00 °5 Navarone|ndumbiee. Inc. Postage-Novvs|eter 7301 178.78 California Department o7 General Services State Bid Vehicle Charge 7303 18.830.75 Looher Auto Center Dump Truck 7303 402.20 Potty Cash Office and Field Supplies, Local and CJut-of-Tiown Meeting Expense, Dues, Pnobago. Film and Developing, and Private Vehicle Expense � °3 Urgent check issued on February 22. 1895. °4 Urgent check issued on February 23.1885. ^5 Urgent check issued oo March S. 1S95. Page 2 � Claimo95-05 Meeting 95-05 Date: K8ar. 8.1995 REVISED M|OpEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Moma Description 7270 232.05 Pacific Bell Telephone Service 7271 115.34 Paul's Draperies Office Furnishings 7272 572.85 Piiarcitoo Quarry Beunrock 7273 302.56 PIP Printing Photocopying 7274 32.48 Pitney Bowes Postage Machine--Supplies 7275 340.00 RT Electric Electrical Work--Nature Center 7276 49.95 Rokon International Equipment Repair 7277 2348.86 Roy'n Repair Service Vehicle Maintonoeand Repairs 7278 481 .78 S & VV Equipment Co. Equipment Repair 7278 17.20 San Francisco Newspaper Agency Subscription 7280 98.78 Safety-K|oen Corporation Solvent Tank Service 7281 39.07 San Jose Mercury News Subscription 7382 60.00 DmvidSan0uinetti Reimbursement--Professional Dues 7283 649.56 *3 San Mateo County Tax Collector Property Taxes 7284 4'183.98 SuaonSchuotrnan Additional Legal Services 7285 110.54 Shell Oil Company Fuel 7286 1'353.47 Signs Of The Times Field Signs � � 7287 134.52 K8a|oo|m Smith Private Vehicle Expense � � 7288 18.00 °4 Sonoma County Health Department Medical Services � 7289 26.82 State Board ofEqualization Field Asbestos Removal 7280 2.682.43 Taater@Etc. Computerized Map Changes 7291 1.707.30 3EEnQineehng Engineering Services 7292 287.70 Virg Harkins Sign 7293 1'320.00 U. S. Rents Rental Equipment 7294 211.08 VVemtcoaot Reber Company Hn|d Supplies 7285 381.25 VVi|d|ando Restoration Team Restoration Projmct-Pu|QomRidge 7296 96.90 Michael Williams Private Vehicle Expense 7297 228.84 Workingman's Emporium Uniform Expense 7298 744.54 Yerbo Buena Nursery Restoration Plants 7299 55.00 Zax Electronic P|ub|ioaUona Resource Documents 7300 3.500.00 °5 Novomone Industries, Inc. Postage-News|efter 7301 178.78 California Department ofGeneral Services State Bid Vehicle Charge 7302 18.838.76 Laoher Auto Center Dump Truck ! 7303 402.20 Petty Cash Office and Field Supplies, Local and ! Out-of-Town Meeting Expense, C}ueo, Postage, Film and Developing, and Private Vehicle Expense °3 Urgent check issued on February 22. 1995. ^4 Urgent check issued on February 23.1gB5. ~5 Urgent check issued on March 8, 1885. Page RESPONSE ACTION PROPOSED BY STAFF _•/�, 1 (���S�I^ �-y ^,,hen ` —_-- Bvx rd President Ackn owl ed ge/Respond Vl///����r����•J'^r- /-y�/1�('1/�`E� I-!"("L�)\`CJE(��7L Director Acknowledge/Res Pvnd I—El Ackn—iedge/Respond Draft Aes ponse Attached Staff to be Dlcecc ed co Prepare Draft Response Eo: Board Cons Lder at ivn per Sve(s) 1' `�• `L�`LW \�� •b --- No Response Necessary 4 l in 6 tb ell � P d— ace of �- o� d �loPm - ��`��� . 1 am -�f o�� Gi►v�f" ems_ aid w�n�d P �(is�l\✓1� ��c101S S .m D. � - , Jo►�s ��cl-� Lol I-6 ca , GA 946 --—- Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF March 23, 1995 FOR BOARD CONSIDERATION Christine Mandras S.M.O.E., Jones Gulch 11000 Pescadero Road La Honda, CA 94020 Dear Ms. Mandras: Thank you for your recent letter encouraging the preservation of the area known as Devils Canyon. It is our pleasure to inform you that at our December 14, 1994 meeting, the Board of Directors authorized purchase of the former Acronico property, also known as Devils Canyon, and named it as an addition to our Long Ridge Open Space Preserve. Title to this property was transferred to the District when escrow closed on February 17, 1995. The property remains open to the public for hiking and rock climbing activities at this time. The District is now in the process of determining appropriate trails and rock climbing guidelines for future public use. If you would be interested in being informed on future District activities, please contact the District office. We appreciate your interest in the preservation of this beautiful area and for taking the time to write us a letter. Sincerely, Pete Siemens, President Board of Directors cc: Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-38 Meeting 95-07 March 22, 1995 AGENDA ITEM Adoption of the Relative Site Emphasis Plan and Schedule for Use and Management Plan Target Review Schedule GENERAL MANAGER'S RECQhDEMA.T1 a__6 Adopt the Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule. DISCUSSION You tentatively adopted the Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule at your March 8 meeting (see report R-95-33). No changes are recommended in the plan or the schedule at this time. Copies of the proposed Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule discussed at your March 8 meeting are available at the District office for public review. As of the writing of this report, staff has not received any comments from members of the public on the proposed Relative Site Emphasis Plan or the proposed Schedule for use and Management Plan Target Review Schedule. Adoption of the plan and schedule is listed as a consent item on your March 22 agenda; the general manager will request that this item be removed from the consent calendar if any comments are received from members of the public before the March 22 meeting. Prepared by: Randy Anderson, Planning Manager Contact person: Same as above 330 Distel Circle - Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space R-95-41 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA ITEM Adoption of the Action Plan for the Implementation of the is Policy of the Midpeninsula Regional Open Space District for the 1995-1996 Fiscal ear Adopt the 1995-1996 Action Plan for the Implementation of a Basic Policy of the Midpeninsula Regional Open Space District. DISCUSSION At your March 8 meeting, you tentatively adopted the Action Plan for the 1995-1996 fiscal year as amended during the meeting (see report R-95-29). Amendments to the plan were in the Negotiations and Special Projects Subprogram. Key projects one and four have been amended as shown below. New wording in the text is shown in bold-face. 1. Gifts, Grants and Bargain Sales - Focus on acquiring the highest priority, most critical properties, which enhance public access to existing preserves, and connect with other preserves and other public lands, through available grant funding, bargain sales and/or gifts where possible. 4. Trail Easements - In order to conserve existing, limited funding, focus on obtaining trail easements that link District preserves and other public lands, enhancing public access to open space and furthering the completion of the Bay Area Ridge Trail and Bay Trail systems. No other changes are recommended in the plan at this time. Copies of the proposed Action Plan discussed at your March 8 meeting are available at the District office for public review. As of the writing of this report, staff has not received any comments from members of the public on the proposed Action Plan. Adoption of the plan is listed as a consent item on your March 22 agenda; the general manager will request that this item be removed from the consent calendar if any comments are received from members of the public before the March 22 meeting. Prepared by: Jean Fiddes, Administrative Services Manager Contact person: Same as above 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-47 Muting 95-07 March 22, 1995 AGENDA ITEM Acceptance of Insurance Coverage for 1995-1996 ` �4 GENERAL MANAGER'S RECGMMENRA Accept the package (property and general liability), auto, reUaliability, public entity errors and omissions coverage, and fidelity bond insurance coverage bid totalling $149,421 from Flinn, Gray & Herterich based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund Insurance, Swett & Crawford, and Chubb for the period of April 1, 1995 through March 31, 1996. Discussion: Flinn, Gray & Herterich of Palo Alto, the District's insurance broker, has submitted the attached bid package totaling $149,421. This total is $10,471 more than the District's 1994-1995 insurance premiums that totalled $138,950 and is an overall 7.5% increase. The coverage period is April 1, 1995 through March 31, 1996. The bid information is: 1) Package ropfflyy and General Liability): Reliance has bid $87,777, a 28.9% increase over the 1994-1995 premium of$68,110. The property premium increased $3,773 or 18.5% and the liability premium increased $12,370 or 24.1%. CIGNA, the District's former property and general liability carrier, informed the District earlier in the year that it would not renew the District's coverage. CIGNA's insurance rating in the market has dropped for a variety of reasons; it is in the process of restructuring, primarily due to a recent major deterioration in financial results culminating in the reduction of their best rating to B+. The District's insurance broker has indicated that Reliance's rates are competitive and consistent with the District's insurable exposures. District staff will be working with Flinn, Gray & Herterich and Reliance during the next six weeks to determine whether it would be financially prudent for the District to assume higher liability and property deductibles, thus reducing the insurance premium. Reliance has agreed that any changes would be retroactive to April 1, the effective date of the policy. 2) Auto: General Accident Insurance has bid $21,290, a 28.5% decrease from the 1994- 1995 premiums of$29,794. 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-47 Page two 3) Umbrella Liability Coverage: Fireman's Fund has quoted $24,966 for the District's $5 million-limit umbrella liability coverage. This compares to the 1994-1995 premium of$26,000, and represents a 4% decrease in the premium. 4) Public Entity Errors and Omissions Coverage: Swett & Crawford Insurance Company has bid $9,588. The bid is a 3.7% increase over the 1994-1995 premium of$9,246. 5) Fidelity Bond Coverage: Chubb's premium bid is $5,800, the same amount as the 1994-1995 premium. Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: Same as above EXHIBIT A INSURANCE COVERAGE UMPEMNSULA REGIONAL OPEN SPACE DISTRICT 1995-199 COVERAGE COMPANY BID QUOTATIO Package (Property and General Liability) Reliance $ 87,777 Auto General Accident $ 21,290 Umbrella Liability Fireman's Fund $ 24,966 Public Entity Errors and Swett & Crawford $ 9,588 Omissions Fidelity Bond Chubb $ 5.8 $149,421 Open Space R-95-46 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA ITEM Approval of Memorandum of Agreement with Local 715 GENERAL MANAGER'S RECOMMENDATION Adopt the accompanying resolution approving the Memorandum o greement wi 715, Service Employees International Union, AFL-CIO/CLC, for a term of April 1, 1995 through March 31, 1497. DISCUSSION The District entered into contract negotiations in January, 1995 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. Local 715's negotiating committee included B. W. (Rusty) Smith, Senior Field Representative for Local 715, lead open space technician Paul McKowan, and rangers Tom Karnofel and Matt Ken. The District's negotiating committee included legal counsel Sue Schectman, operations manager John Escobar, and employee relations officer Jean Fiddes. The District and Local 715 negotiating teams successfully reached tentative agreement on the proposed contract on Friday, March 17. The District's open space technicians, lead open space technicians, rangers, and equipment mechanic-operator will be holding a contract ratification meeting on Tuesday evening, March 21. This item has been placed on your March 22 agenda in anticipation that the unit will ratify the agreement. The following summary of the 1995 contract negotiations highlights salient points of the proposed Memorandum of Agreement, particularly items that differ from the current contract. The proposed agreement contains changes proposed by Local 715, as well as changes proposed by the District. The proposed agreement is for a term of two years. It provides for a 2-point (2%) salary increase for the first year and a 2-paint (2%) salary increase for the second year. I feel the proposed salary adjustment is appropriate based on Consumer Price Index (CPI) data and adjustments that have been made at other public agencies. The entire contract package is modest and reasonable, reflecting the District's tight budget constraints. The entire agreement is available at the District office for public inspection. Prepared by: Sue Schectman, Legal Counsel John Escobar, Operations Manager Jean Fiddes, Employee Relations Officer Contact Person: Jean Fiddes, Employee Relations Officer 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton SUMMARY QE PROPOSED 1995 CONTRACT PROVISIONS Article I - Preamble *No changes Article 2 - Union Recognition/Security *Agendas for regular and special meetings of the Board.of Directors and requested packet materials provided to Local 715 at no charge Article 3 - No Discrimination 9 No changes Article 4 - District Rights *No changes Article 5 - Schedules, Overtime and Call-Back Time Work Period *Creates regular rotating 4-day 10-hour work week opportunities for two rangers in each geographical area eCreates 9/80 work week trial program for all workers assigned to crews May through October Compensatory Time *Raises accrual limit from 40 to 50 hours Call-Back Time oSets call-back minimum for resident employees at 30 minutes and non- residents at 2 hours *Reduces court appearance call-back for all employees from 3 hours to 2 hours Alternate -Work 5ghWules eClarifies several contract provisions effected by 4/10 and 9/80 work schedules *References Appendix D and Appendix E that establish guidelines for 4/10 and 9/80 work schedules Article 6 - Modified Duty 6 No changes Article 7 - Compensation and Benefits Compensation *Effective April 1, 1995 - 2.0 point increase sEffective April 1, 1996 - 2.0 point increase Benefits *Changes the current long term disability insurance plan from Santa Clara County to Group America Insurance Company (premiums fully paid by District) *Adds same-sex domestic partner coverage for medical, dental, and vision plans Added Disability Coverage *Adds all maintenance job classifications to list of eligible employees OBroadens list of emergency activities that will be covered if an employee is injured Night Shift Differential *Increases from $1.25 to $1.50 per hour all hours worked between 7:00 P.M. and 6:00 A.M. Split-Shift Differential eLimits split shift pay to shifts requested by the District rather than those requested by the employee Article 8 - Evaluations and Merit Pay eChanges language to increase probationary periods required to be served by Distict employees Article 9 - Uniforms Uniform Allowance OYear 1 increase: $20 ($250) *Year 2 increase: $10 ($260) *District shall pay additional cost of oversized items that are commercially available Provided Items OWill remain property of District with some exceptions Article 10 - Vacation *Increases vacation accrual: 21 vacation days after 15 years of service; 23 vacation days after 20 years of service; 25 vacation days after 25 years of service Article 11 - Holidays and Personal Leave OUpdates calendar for holidays Article 12 - Leaves of Absence With Pay Sick Leave Usage OReduces minimum usage from I hour to 1/2 hour Witness or Jury. Duty *Requires worker to report to work when on call or phone standby if not in conflict with instructions of the court Article 13 - Leaves Without Pay *No changes Article 14 - Tuition Reimbursement •No changes Article 15 - Grievance Procedure Arbitration ORequires District to pay cost of court reporter and arbitrator if General Manager modifies or rejects arbitrator's recommendation in a case of suspension or discharge of an employee Grievance Hearings *Specifies that union representative who attend shall not be an employee involved in the same matter *Permits union field representative attendance in addition to union worker representative Article 16 - Layoffs •No changes Article 17 - Disciplinary Procedure !Inion Notice •Adds the requirement that the District send copies of written warnings and written reprimands to the union Article 18 - Probationary Period *Increases probation for initial hires for: Rangers from 9 months to 12 months All other positions from 6 months to 9 months •Probation for promotional employees remains at 6 and 9 months respectively Article 19 - No Strikes/Lockouts *No changes Article 20 - Effect of Agreement *No changes Article 21 - Savings Clause *No changes Article 22 - Term of Agreement eApril 1, 1995 - March 31, 1997 Appendix A - District Salary Table *No change necessary Appendix B - Regular Uniform Items i i I I *Title change for clarity Appendix C - Catastrophic Leave Program for Serious Illness •Expands eligibility from employee illness or injury to include care for a member of the employee's immediate family who is seriously ill *Eliminates requirement to exhaust all accrued sick leave if the General Manager does not grant an extension to the six-day limit for family care use of sick leave in Article 12 *Reduces the ratio of accrued sick leave to other leave time required to be donated by an employee from 1:3 hours to 1:2 hours Appendix D - 4/10 Alternate Work Schedule Guidelines 011stablishes guidelines for the rangers' 4/10 alternate work schedule Appendix E - 9/80 Alternate Work Schedule Pilot Program Guidelines *Establishes guideline for the 9/80 pilot program In separate letters that are not part of the contract, the District: 1) Agrees to request that PERS conduct an actuarial study to investigate the costs to the District of adopting a PERS 2% at 55 retirement plan and to evaluate the feasibility of the retirement plan and means of paying for its costs; 2) Agrees to investigate the programs and costs of medical plans offered by CalPERS 3) Agrees to review and update Open Space Technician, Lead Open Space Technician, and Equipment Mechanic-Operator job descriptions within one year; 4) Agrees to review minimum staffing level guidelines within six months; 5) Agrees to deploy at least six hand-held radios at each field office for maintenance crew use; 6) Agrees to permit limited wearing of plain white T-shirts when crew members are out of public view while working at employee and enterprise residences or around District shops and field offices after lunch; 7) Agrees to investigate and evaluate the use of collapsible batons by District rangers and report results of study and its recommendations to Board of Directors for a determination on this issue within 120 days. The General Manager will meet with ranger staff to discuss this study and other matters of concern to the ranger staff; and 8) Agrees to add soft body armor to list of optional uniform items; employee's uniform allowance for one fiscal year can be used for this optional item. 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, 1995 through March 31, 1997; 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. Agreement between SEW Local 715 and Midpeninsula Regional Open Space District April 1, 1995 - March 31, 1997 TABLE OF CONTENTS ARTICLE 1 - PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - UNION RECOGNITION/SECURITY . . . . . . . . . . . . . . . . . . . . . . . 1 Section 2.1 - Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 2.2 - Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. New Hires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. Agency Shop/Maintenance of Membership . . . . . . . . . . . . 1 C. Charity Fee Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . 2 D. Payroll Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 E. Revocation of Agency Shop . . . . . . . . . . . . . . . . . . . . . . 2 F. Unit Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 2.3 - Notice Of Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.4 - Official Representatives/Release Time . . . . . . . . . . . . . . . 3 Section 2.5 - Union Notices And Activities . . . . . . . . . . . . . . . . . . . . . 3 A. Bulletin Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 C. Visit by Field Representative . . . . . . . . . . . . . . . . . . . . . . 3 D. Board Meeting Agendas . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section2.6 - Hold Harmless . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 2.7 - Safety Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 3 - NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 4 - DISTRICT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME . . . . . . . . . . . . 5 Section 5.1 - Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A. Work Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 C. Compensatory Time Off . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 5.2 - Call-Back Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. Rest Breaks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Meal Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 C. Minimum Call-Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5.3 - Alternate Work Schedules . . . . . . . . . . . . . . . . . . . . . . . 7 A. Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 B. Clarification of Contract Provisions . . . . . . . . . . . . . . . . . . 7 C. Review and Sunset . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 6 - MODIFIED DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 7: COMPENSATION AND BENEFITS . . . . . . . . . . 9 Section 7.1 - Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.2 - Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 A. Medical Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 B. Dental insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 C. Vision Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 D. Basic Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 E. Optional Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 F. Part-Time Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 G. State Disability Insurance (SDI) . . . . . . . . . . . . . . . . . . . 11 H. Employee Assistance Program (EAP) . . . . . . . . . . . . . . . 11 1. Long-Term Disability Plan . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.3 - Promotional Compensation . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.4 - Acting Appointments . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.5 - Added Worker Disability Coverage . . . . . . . . . . . . . . . . 13 Section 7.6 - Night Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 7.7 - Split-Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 7.8 - Paychecks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 8 - EVALUATIONS AND MERIT PAY . . . . . . . . . . . . . . . . . . . . . . 13 Section 8.1 - General Evaluation Procedures . . . . . . . . . . . . . . . . . . . 13 Section 8.2 - Schedule Of Evaluations . . . . . . . . . . . . . . . . . . . . . . . 14 A. Probationary Workers . . . . . . . . . . . . . . . . . . . . . . . . . . 14 B. Regular Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.3 - Overall Ratings/Merit Increases . . . . . . . . . . . . . . . . . . . 15 A. Meets Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 B. Below Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 8.4 - Appeal Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 8.5 - Remediation Process . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 9 - UNIFORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.1 - New Hires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.2 - Allowance Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.3 - Eligibility/Prorating . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.4 - Full Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.5 - Direct Use and Responsibility . . . . . . . . . . . . . . . . . . . . 17 Section 9.6 - Provided Items (No Cost) . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.7 - Boots, Coveralls, Raincoats, Rainponts . . . . . . . . . . . . . 17 Section 9.8 - Boot Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 9.9 - Uniform Committee . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 10: VACATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 10.1 Accrual Rates 19 Section 10.2 - Accrual Limits and Carry-Over . . . . . . . . . . . . . . . . . . 20 Section 10.3 - Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 A. Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 B. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 10.4 - Restrictions - Probation . . . . . . . . . . . . . . . . . . . . . . . 20 Section 10.5 - Cash-Out Upon Termination . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE . . . . . . . . . . . . . . . . . . . 21 Section 11.1 - Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 A. Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 B. Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 C. Observance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 D. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 E. Holidays During Vacation . . . . . . . . . . . . . . . . . . . . . . . 21 F. Holiday Falls on Day Off . . . . . . . . . . . . . . . . . . . . . . . . 22 G. Work On Holiday - Compensation . . . . . . . . . . . . . . . . . . 22 H. Holiday Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Section 11.2 - Personal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 A. Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 B. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 C. Notification and Scheduling . . . . . . . . . . . . . . . . . . . . . . 23 D. Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 E. No Carry-over or Payoff . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY . . . . . . . . . . . . . . . . . . . . . 24 Section 12.1 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 A. Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 B. Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 C. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 D. III on Holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 E. III on Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 F. Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 G. Physician Statement . . . . . . . . . . . . . . . . . . . . . . . . . . 26 H. Exhaustion of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . 26 1. No Payoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 J. Advance Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 K. Abuse of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 12.2 - Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 26 A. Length of Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 B. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 12.3 - Witness or Jury Duty Leave . . . . . . . . . . . . . . . . . . . . 27 Section 12.4 - Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 12.5 - Catastrophic Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 13 - LEAVES WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 13.1 - Worker Disability/Family Care Leave . . . . . . . . . . . . . . 27 A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 B. Request/Verification . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 C. Use of Accrued Sick Leave - Vacation . . . . . . . . . . . . . . 28 D. Benefit Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 E. Physical Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 F. Intermittent or Reduced Leave . . . . . . . . . . . . . . . . . . . . 29 G. Pregnancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 13.2 - General Leave for Other Than Worker Disability/Family CareLeave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 B. Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C. Benefit Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 D. Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 13.3 - Adjustment of Anniversary Date/Vacation Accrual/Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 14 - TUITION REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 14.1 - Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 14.2 - Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 14.3 - Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 ARTICLE 15 - GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 15.1 - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Section 15.2 - Step 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 15.3 - Step 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 15.4 - Step III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 15.5 - Step IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Section 15.6 - General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 16 - LAYOFFS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 16.1 - Seniority Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 16.2 - Consideration of Layoff - Notice to Union . . . . . . . . . . . 33 Section 16.3 - Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Section 16.4 - Notice to Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 16.5 - Alternatives to Layoff . . . . . . . . . . . . . . . . . . . . . . . . 34 A. Claim Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 B. Displacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C. Rate of Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 16.6 - Re-employment Lists . . . . . . . . . . . . . . . . . . . . . . . . . 34 Section 16.7 - Rights Restored . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 17 - DISCIPLINARY PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 17.1 - Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 17.2 - Principles And Procedures . . . . . . . . . . . . . . . . . . . . . 35 Section 17.3 - Grounds For Discipline . . . . . . . . . . . . . . . . . . . . . . . . 35 Section 17.4 - Warning Types Of Discipline . . . . . . . . . . . . . . . . . . . 35 A. Counseling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 B. Oral Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 C. Written Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D. Reprimand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Section 17.5 - Property Loss Discipline . . . . . . . . . . . . . . . . . . . . . . . 37 A. Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 B. Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 C. Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 17.6 - Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 17.7 - Notice of Investigation . . . . . . . . . . . . . . . . . . . . . . . 37 Section 17.8 Notice Of Discipline . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 17.9 - Electronic Recording . . . . . . . . . . . . . . . . . . . . . . . . . 38 ARTICLE 18 - PROBATIONARY PERIOD . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Section 18.1 - Length Of Probation . . . . . . . . . . . . . . . . . . . . . . . . . 38 A. Initial Hires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 B. Promotional Appointments 39 Section 18.2 - Leaves Of Absence/Extension Of Probation . . . . . . . . . 39 Section 18.3 - Rights On Probation . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section 18.4 - Vacation Time On Probation . . . . . . . . . . . . . . . . . . . . 39 Section 18.5 - Rejection From Original Probation . . . . . . . . . . . . . . . . 39 Section 18.6 - Rejection From Promotional Probation . . . . . . . . . . . . . 40 Section 18.7 - Seniority And Probation . . . . . . . . . . . . . . . . . . . . . . . 40 Section 18.8 - Evaluation Of Probationary Workers . . . . . . . . . . . . . . 40 ARTICLE 19 - NO STRIKES/LOCKOUTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 20 - EFFECT OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 ARTICLE 21 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 ARTICLE 22 - TERM OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 APPENDIX A - DISTRICT SALARY RANGES . . . . . . . . . . . . . . . . . . . . . . . . 43 APPENDIX B - REGULAR UNIFORM ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . 46 APPENDIX C - CATASTROPHIC LEAVE PROGRAM . . . . . . . . . . . . . . . . . . . 47 APPENDIX D -- 4/10 ALTERNATE WORK SCHEDULE GUIDELINES . . . . . . . . 49 APPENDIX E -- 9/80 ALTERNATE WORK SCHEDULE PILOT PROGRAM GUIDELINES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 ARTICLE 1 - PREAMBLE This Memorandum of Agreement (hereinafter, "Agreement") is entered into by the Midpeninsula Regional Open Space District, a public agency, (hereinafter, "District") and Local 715, Service Employees International Union, AFL-CIO/CLC (hereinafter, "Union"). This Memorandum of Agreement incorporates by this reference all appendices attached. ARTICLE 2 - UNION RECOGNITION/SECURITY Section 2.1 - Recognition Pursuant to Resolution #89-52, passed November 8, 1989, Midpeninsula Regional Open Space District recognizes Local 715 SEIU as exclusive bargaining representative for all workers in the classifications of Ranger, Lead Open Space Technician, Open Space Technician, and Equipment Mechanic-Operator. Section 2.2 - Union Security A. New Hires 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 traditional 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 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 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 fees 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. 2 Section 2.3 - Notice Of Changes The Union shall be informed reasonably in advance in writing by the District before any proposed changes not covered by this Agreement are made in benefits, working conditions or other terms and conditions of employment which require the meet and confer or meet and consult process. Section 2.4 - Official Representatives/Release Time Up to three (3) Union representatives from the bargaining unit will receive reasonable amounts of release time from their duties, with no loss of pay or benefits, for purposes of collective bargaining, meeting and conferring or meeting and consulting. The Union shall notify the District of the three (3) official representatives from the unit. The parties agree, however, that specific alternates may be designated for particular functions or meetings. Section 2.5 - Union Notices And Activities A. Bulletin Boards The District agrees to provide bulletin board space for Union notices at both field offices (Skyline and Foothills). If the Union posts any material which the District deems inappropriate, the Union agrees to meet to discuss the challenged material within 48 hours (excluding holidays and weekends) of notice from the District. B. Communication The Union may distribute information and material to and receive information and material from workers through normal channels. For purposes of this Section, normal channels shall refer to the District's Pony system, facsimile machine and telephone. The Union agrees that it will utilize the Pony system as its primary communication method and will limit its use of the facsimile machine to the distribution of time-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. D. Board Meeting Agendas The District shall provide the Union with agendas for Regular and Special Meetings of the Board of Directors and requested packet materials at no 3 charge. Agendas shall be mailed to the Union office prior to the respective Board meetings. 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 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.) 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. ARTICLE 4 - DISTRICT RIGHTS Except as expressly limited by this Agreement, and as thereafter amended or modified, it is understood and agreed by the Union that the District retains all of its powers to direct, manage and control the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish District policies, goals and objectives; maintain the efficiency of District operations; acquire District property; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. 4 ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME I 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. i The work period for workers on the 9/80 alternative work schedule shall be regular and recurring, commencing at 11 :00 A.M. on Monday and ending at 10:59 A.M. on the following Monday. 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) an alternate work schedule as defined below in Section 5.3. 2. Open Space Technicians/Lead Open Space Technicians/Equipment Mechanic-Operators shall generally be assigned to a shift of either a) five days per week, of eight continuous hours each with two consecutive days off or b) an alternate work schedule as defined below in Section 5.3. B. Overtime Overtime shall be defined as that time authorized and actually worked by a worker in excess of forty hours within the work period. Overtime work may be 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: 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. 5 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 thirty-three and one-third hours of extra hours (50 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 hours,the Ranger is entitled to a 30-minute meal period. The meal period may be paid or unpaid on the same basis as meal periods during the regular shift. C. Minimum Call-Back Any worker not residing in District housing called back to work from his/her residence outside of his/her regular work hours will receive a minimum of two hours of call-back time paid at time and one-half. Any worker residing in District housing called back to work from his/her residence outside of his/her regular work hours will receive a minimum of one-half hour of call-back time paid at time and one-half. A worker who must appear in court on Disrict business outside of his/her regular work hours will receive a minimum of two hours of callback time paid at time and one-half as long as the court appearance does not overlap with his/her scheduled shift. Section 5.3 - Alternate Work Schedules A. Implementation The 4/10 schedules shall be made available to Rangers pursuant to the guidelines contained in Appendix D and 9/80 schedules shall be made available to Open Space Technicians/Lead Open Space Technicians/Equipment Mechanic- Operators, and Rangers assigned to maintenance work crews pursuant to guidelines contained in Appendix E. A "4/10 schedule" shall normally be four consecutive ten-hour work days preceded by or followed by three consecutive days off. A "9-80 schedule" shall normally be alternating between weeks of five consecutive work days (one of eight hours, four of nine hours) followed by three consecutive days off, and weeks of four consecutive work days (of nine hours each) followed by two consecutive days off. B. Clarification of Contract Provisions The parties agree that implementation of 4/10 and 9/80 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 or 9/80 schedule observes a scheduled holiday, s/he shall receive eight hours paid time off and shall use enough hours from the Holiday Bank, Compensatory Time Off, Personal Leave or accrued vacation to equal the appropriate number of scheduled hours for that day. F. Holiday Falls on Day Off. If a holiday falls on a day off for a worker on a 4/10 or 9/80 schedule, eight hours shall be added to the worker's Holiday Bank, except that a worker on a 9/80 schedule shall have as his/her holiday the Tuesday following a Monday holiday that falls on his/her scheduled day off. G. Work on Holiday -- Compensation. A worker on a 4/10 or 9/80 schedule who works a scheduled holiday may choose either of the two options listed in this section as follows: 1 . The worker will be paid time and one-half for all hours worked on the day of the holiday; eight hours will be credited to the Holiday Bank. 7 2. The worker will be paid double time and one-half for eight hours and time and one-half for hours beyond eight. 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 an alternate work schedule who is sick on a scheduled holiday shall receive holiday pay for eight hours and may use accumulated sick leave for the remaining hours. Section 12.2 - Bereavement Leave A. For the purposes of this Section, "working day" means all hours the worker is scheduled to work on the affected day. C. Review and Sunset The 9/80 alternative work schedule pilot program shall be reviewed by December 15 each year. At these reviews, 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, including the issue of starting the 9/80 alternate work schedule earlier. During the term of this Agreement, the program may be terminated by either the District or the Union at either of the review periods provided above. The 9/80 pilot program shall sunset effective April 1, 1997 unless the parties negotiate its continuation or its successor. 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. 8 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. If there are more workers who could accept modified duty than 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, 1995: The salary range for Rangers shall be from step number 224 to step number 249 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 211 to step number 236 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technicians shall be from step number 216 to step number 241 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 234 to step number 259 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a two (2) point cost-of- living adjustment above current step effective April 1, 1995. B. Effective April 1, 1996: The salary range for Rangers shall be from step number 226 to step number 251 on the District salary schedule. (See Appendix "A") 9 The salary range for Open Space Technicians stiaii be from step number 213 to step number 238 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technicians shall be from step number 218 to step number 243 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 236 to step number 261 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a two (2) point cost-of- living adjustment above then-current step effective April 1, 1996. Section 7.2 - Benefits A. Medical Insurance The following medical plans are available to District workers: 1) Kaiser - "S" coverage, 2)Takecare, and 3) Santa Clara County Employee Preferred 100 Plan as provided to the District as a sub-group of Santa' Clara County. For the life of the contract, the District agrees to continue the policy of paying the full premium for the second-least expensive individual coverage of the three listed above and the full premium for the least expensive family coverage of the three listed above. 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, 1995 through the open enrollment period for 1995; and from July 1, 1996 through the open enrollment period for 1996. If a worker can prove that he or she is currently covered under a private or a spouse's medical plan, basically equivalent to that provided by the District, the 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. If a worker retires from the District, the worker is eligible to continue his or her medical plan coverage during retirement and shall be responsible for paying the full cost of the medical plan premium. The District agrees to provide same-sex domestic partner medical coverage in the plans listed above at the same level of contribution it pays for family coverage, if the plan(s) allow for the domestic partner's enrollment. Domestic partner shall be defined as in Section 12.1 (13)(4). 10 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 benefit costs and premiums and/or 2) the District's deferred compensation program in his or her name. The District agrees to provide same-sex domestic partner dental coverage in the plan listed above, if the plan allows for the domestic partner's enrollment. Domestic partner shall be defined as in Section 12.1 (B)(4). C. Vision Care For the term of the Agreement, the District agrees to implement and maintain a Vision Care Plan for workers and dependents as a sub-group of Santa Clara County. The District will pay the full premiums of the vision coverage. The District agrees to provide same-sex domestic partner vision coverage in the plan listed above, if the plan allows for the domestic partner's enrollment. Domestic partner shall be defined as in Section 12.1 (B)(4). D. Basic Life Insurance For the life of the Agreement, the District agrees to continue the policy of paying the full premium cost for basic group life insurance coverage of ten thousand dollars ($10,000) as provided to the District as a sub-group of Santa Clara County. E. Optional Benefits The District shall offer the following optional benefits to 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-rats 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 by GroupAmerica Insurance Company. 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 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 *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 temporary absence of a worker due to vacation, illness, or short-term leave, shall be paid at least five points more than his or her current salary or the minimum salary range assigned to the higher 12 i classification, whichever is greater, for a specific period of time designated by the General Manager,as long as the acting appointment exceeds five consecutive working days. After the five working-day threshold, acting pay shall be retroactive to the first day a worker is assigned the higher classification responsibilities. Section 7.5 - Added Worker Disability Coverage If, during the performance of assigned duties, an on-duty worker sustains an on-the- job injury either 1) while actively participating in a search or rescue, performing first aid, wildland fire suppression, driving or riding in a vehicle responding with red lights and siren activated to the scene of an emergency, or the on-scene response to a hazardous materials incident, or 2) due to the direct actions of a person or animal during a public contact, the District shall augment worker's compensation, long term disability, and other benefits in order to provide for full pay for the disabled worker up to a maximum of three months without use of the worker's accrued sick leave or vacation time. Section 7.6 - Night Shift Differential Workers shall receive a differential of $1 .50 per hour for each hour actually worked between 7:00 p.m. and 6:00 a.m. on any shift. The $1 .50 differential shall apply to overtime hours the same as straight time hours. Section 7.7 - Split-Shift Differential Workers shall receive a differential of $20.00 per workday for each split-shift actually worked. Differential pay shall be reserved to differential shifts required to be worked by the District, not those requested by the worker. 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. C. Workers who have concerns about their evaluation shall have the right to schedule a follow-up meeting, with Union representation, with the immediate 13 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 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 their supervisor 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. 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. 3. 12-Month Probation - Workers serving a twelve month probation shall receive an interim evaluation from their supervisor after three months of employment, after six months of employment, and after eleven 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. 14 B. Regular Wor. s 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 0 2) 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 rating will result in 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 Appeal Procedure (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 Process (Section 8.5 below). C. Below Standard ratings in the same area(s) of performance that are consecutive (two in a row, both interim and merit considered) may result in a worker being placed on a more frequent evaluation schedule to address and improve the worker's below standard performance in the rating area(s). Special evaluations under this subsection shall not exceed one per month and will be limited to the performance area(s) rated below standard. 15 Section 8.4 - Appeal Procedure In the event of an overall Below Standard evaluation (regular workers only), affected workers may appeal the rating using the following procedure. A. Appeals shall be in writing and shall be filed with the General Manager no later than ten (10) days after receipt of the evaluation. B. Appeals must be based on the charge that the supervisor abused his/her discretion. "Abuse of discretion" shall mean basing the evaluation on information that is not factual and/or exercising disparate treatment in the evaluation of different workers. C. Within thirty (30) days of receipt, a panel shall convene to consider the appeal. The panel shall consist of (1) a District representative; (2) the worker's representative; and (3) the General Manager or his/her designee. D. The decision of the panel is final. In the event the decision involves changing the overall rating to Meets Standard, the automatic 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 any of the evaluations in "B" above result in a Meets Standard overall rating, the worker shall receive a five-point merit increase effective the date of that evaluation. The worker's evaluation anniversary date (defined in Section 8.2 (13)(2) above) shall also be adjusted to the date of that evaluation. D. Failure to attain a Meets Standard overall rating within the nine-month (9) period may result in disciplinary action pursuant to Article 17. However, denial of the merit pay adjustment under this article shall not extend beyond the nine- month (9) remediation period. 16 ARTICLE 9 - UNIFORMS Section 9.1 New Hires Newly-hired workers in the bargaining unit shall receive their initial regular uniform items from the District at no cost to the workers. For the list of regular uniform items, see Appendix B. Section 9.2 - Allowance Amount Effective April 1, 1995, the annual allowance for replacing worn-out regular or optional uniform items shall be $250 for all bargaining unit workers. Effective April 1, 1996, the annual allowance for replacing worn-out regular or optional uniform items shall be $260 for all bargaining unit workers. The District shall pay any additional cost for oversized uniform items that are commercially available (not custom or tailored items). 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. All items covered by this section, with the exception of the uniform cap, remain the property of the District and shall be returned to the District upon separation from District employment. Section 9.7 - Boots, Coveralls, Raincoats, Rainpants In addition to Section 9.6 above, the District agrees to provide work 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. 17 Section 16.4 - Notice to Workers Workers subject to the provisions of this Article shall be given at least twenty (20) working days written notice prior to the effective date of layoff. The Union shall receive concurrent notice. The procedures of Section 16.5 shall be applied prior to the effective date of the layoff. Section 16.5 - Alternatives to Layoff A. Claim Vacancies Any affected unit member may claim a vacancy in a classification formerly held. If such classification is below the one currently held, the worker will have re- employment rights (Section 16.6) to the original classification. B. Displacement An affected unit member may bump the least senior worker in a lower classification previously held provided the affected worker is otherwise qualified to fill the lower classification. Seniority in the lower classification will be time spent in that classification plus any higher classification. Workers who bump into a lower classification will have reemployment rights (Section 16.6) in their original classification. C. Rate of Pay In the event of claiming a vacancy or bumping into a lower classification, the unit member's rate of pay in the lower classification shall be determined as follows: 1. If the step held in the higher classification occurs in the lower classification, the rate of pay will remain the same. 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. 34 ARTICLE 17 - DISCIPLINARY PROCEDURE With respect to disciplinary action, the following applies to members of the bargaining unit: Section 17.1 - Preamble The degree of discipline is discretionary with the District. In exercising its discretion the District will consider factors including, but not limited to, the severity of the offense, the number and frequency of previous acts of misconduct, and past work performance. Disciplined 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 working hours; g) Fraud or misrepresentation in securing appointment or promotion; h) Insubordination; i) Misuse of District property, funds, or records; j) Neglect of duty; k) Willful deceit; 1) Failure to adhere to or comply with approved operational or safety guidelines; m) Failure to keep required work hours; n) Any conviction by a court which would be incompatible with the work performed for the District by the affected worker; and 0) Failure to report the suspension or revocation of the worker's drivers license. License suspension or revocation does not constitute automatic grounds for discipline. 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. 35 i i Whenever possible, counseling should be used prior to taking a more formal action. 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. A copy shall be given to the worker and a copy shall be sent to the union. 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 P Y 9P 9 worker shall receive a copy of the reprimand at the time it is prepared and a copy shall be sent to the Union. 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. 36 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 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 0 5) 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. 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. 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. 37 c) Statement of the cause thereof. d) Statement in ordinary and concise language of the acts or omissions upon which the causes are based. e) A statement of the worker's right to respond, either orally at a meeting requested by the worker, or in writing. The worker shall have the opportunity to respond and be served with notice of final action in person or by certified mail prior to the action becoming effective. The opportunity to respond shall normally take place within seven (7) working days following the initial notice of intended action. f) A statement advising the worker of the right to appeal through the grievance procedure and the right to Union representation. 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. Initial Hires 1 Lead Open Space Technicians, Open Space Technicians and Equipment Mechanic-Operators All persons appointed to the regular position of Lead Open Space Technician, Open Space Technician and Equipment Mechanic-Operator after the effective date of this Agreement shall complete a standard probationary period of at least nine (9) consecutive months. 2. Rangers All persons appointed to the regular position -of Ranger after the effective date of this agreement shall complete a standard probationary period of at least twelve (12) months. 38 B. Promotional Appointments 1 Lead Open Space Technicians, Open Space Technicians and Equipment Mechanic-Operators All persons promoted to the regular position of Lead Open Space Technician, Open Space Technician and Equipment Mechanic-Operator after the effective date of this Agreement who have satisfactorily passed the probationary period of their current position shall complete a standard probationary period of at least six (6) consecutive months. 2. Rangers All persons promoted to the regular position of Ranger after the effective date of this agreement who have satisfactorily passed the probationary period of their current position 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 by an amount not 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. 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 39 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. Workers serving a twelve month probation shall receive an interim performance evaluation after three (3) months of service, after six (6) months of service, and after eleven (11) 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. 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 40 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 (1 st) day of April 1995 and shall remain in effect until the thirty-first (31 st) day of March, 1997. 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. 41 l SIGNATURE PAGE For Midpeninsula Regional For Local 715 SEW Open Space District Susan M. Schectman B.W. (Rusty) Smith Chief Negotiator Chief Negotiator John M. Escobar Paul McKowan Operations Manager Lead Open Space Technician Jean H. Fiddes Thomas Karnofel Personnel Officer Ranger Matthew Ken Ranger Ratified by District: Ratified by Unit: _ March 22, 1995 March 21, 1995 Date: Date• 42 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 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 43 SALARY HOURLY BIWEEKLY MONTHLY 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 44 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 45 APPENDIX B - REGULAR 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 46 APPENDIX C - CATASTROPHIC LEAVE PROGRAM Purgose 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 or of a member of the employee's immediate family (as defined in Section 12.1 [B][4]). 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 employee. Conditions for Receiving Eml2loyees 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, or have a member of the immediate family with a sustained, serious or debilitating injury, illness or condition which requires the employee's absence from work to care for the family member. 4. Be prevented from returning to work for at least 30 days and have applied for a worker disability or family care 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 or family member's catastrophic illness, injury or condition is to be kept confidential. *In the event the General Manager has refused to extend the six-day limit on sick leave usage for care of a family member (Section 12.1 B[4], such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on the books. 47 The Administrative -arvices -.,anager will distribute b Jonatit,.. 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. The total credits received by the employee shall normally not exceed three months; however, if approved by the General Manager, the total leave credits received may be up to a maximum of six months. ConditlQns for Donating EmglQyggs 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) Osick leave -- one hour of accrued sick leave may be donated for every two 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. 48 APPENDIX D -- 4/10 ALTERNATE WORK SCHEDULE GUIDELINES 1 The District will generally make available two 4/10 alternate work schedules in each geographical area subject to the guidelines below when six or more rangers are available for regular scheduling. It is understood that each of the 4/10 alternate work schedules in each geographical area is tied to each sub-group of rangers having the same day off and that a 4/10 schedule shall generally be made available when three or more Rangers with the same day off in a geographical areas are available for regular scheduling. All leave requests and special scheduling needs of the District shall take priority over the creation or preservation of 4/10 schedules. 2. The District reserves the right to revert to a 5/8 schedule any time up to the start of each work week to address the business needs of the District, including, but not limited to, unplanned staff shortages. Any participation by supervisors in the regular shift rotation to preserve a 4/10 schedule 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. Workers understand that 4/10 schedules,especially during the period of daylight savings, may include a non-tradeable late shift assignment on Friday. 5. Available 4/10 schedule(s) shall be offered to Rangers at the appropriate geographical area based on seniority within the groups sharing common days off. By December 1, each group of workers sharing common days off shall meet and alternately select, based on seniority, a maximum of four four-week schedules each. In the event there are four-week schedules remaining after the initial selection process, the remaining schedules will be made available to other members of the work group based on seniority. Requests may be canceled prior to the first Friday of the preceding schedule, except for the final schedule of the calendar year for which an earlier cancellation deadline shall be set. Canceled or otherwise available 4/10 schedules will be assigned on a rotating basis to Rangers who have expressed interest prior to the first Friday of the preceding schedule. 49 APPENDIX E — 9/80 ALTERNATE WORK SCHEDULE PILOT PROGRAM GUIDELINES 1. The District agrees to implement a 9/80 alternate work schedule for the Open Space Technicians, Lead Open Space Technicians, and Equipment Mechanic-Operators in each geographical area and for Rangers assigned to maintenance work crews subject to the guidelines below. 2. For pay periods I through 9 and 23 through 26, these workers shall normally be assigned five eight continuous hour workdays and two consecutive days off. For pay periods 10 through 22, these workers shall normally be assigned work days alternating between weeks of one eight hour day followed by four consecutive nine hour days and three consecutive days off, then four consecutive nine hour days and two consecutive days off. 3. The District reserves the right to make work period and work schedule adjustments to address the business needs of the District, including, but not limited to: volunteer projects, special events, training, special work assignments, and other project staffing needs. 50 The District agrees to provide steel-toed work boots at worker's request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. Section 9.8 - Boot Replacement As to replacement of boots, there shall be an option to rebuild rather than replace under the following conditions: A. In the event the Supervisor agrees a pair of boots needs to be replaced, but the boot is not significantly damaged, the Supervisor may opt to have the boots rebuilt instead of replaced, except that: This option shall not apply to the first pair of boots any worker seeks to replace under this Article; and A single pair of boots may be rebuilt at the Supervisor's option only once. B. Workers may opt to rebuild the same pair of boots, without limitation, and pay for the repairs from the uniform allowance. This worker option shall be completely separate and independent from the District's obligation to replace the boots with a new pair. C. Rebuilding shall be done only by Wesco; minor repair, such as reattaching a heel may be done locally. Section 9.9 - Uniform Committee The parties agree to establish a joint Uniform Committee which shall be advisory to the District during the course of the Agreement. Bargaining unit representation on the Committee shall be one Ranger and one 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 recommendation(s) to the Operations Manager and the Operations Manager's response to the recommendation(s) 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 them. 18 ARTICLE 10: VACATION 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 Days/Year Service Hour Paid (Full-Time) 1 - 9 0.05769 hr 15 10 - 14 0.07692 hr 20 15 - 19 0.08077 hr 21 20 - 24 0.08846 hr 23 25+ 0.09615 hr 25 j *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. 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." B. Bargaining unit members hired on or after April 1, 1992 shall accrue fully-paid vacation according to the following schedule: Years of Accrual per Service Hour Paid (Full-Time) 1 - 2 0.03846 hr 10 3 - 4 0.04615 hr 12 5 - 9 0.05769 hr 15 10 - 14 0.07692 hr 20 15 - 19 0.08077 hr 21 20 - 24 0.08846 hr 23 25+ 0.09615 hr 25 *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. 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." 19 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 up to two times the amount of their annual vacation time. Members who reach this accrual limit will not accrue any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. Section 10.3 - Usage A. Increments Vacation shall not be taken in increments of less than four hours, excluding integration of vacation hours with Worker's Compensation and/or State Disability Insurance, for full-time bargaining unit members or one-half time the length of a regular workday for part-time members. Bargaining unit members may request other exceptions to the four-hour increment on a case by case basis (e.g., to attend classes). B. Scheduling For vacations of a week or longer, 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. 20 Section 10.5 - Cash-Out Upon Termination Upon termination, regular bargaining unit members shall be compensated at their current hourly rate of pay for any vacation accrued but not used. Terminating i members will receive their vacation cash-out with their final paycheck. 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: 1995 1996 1997 New Year's Day - Jan 1 (M) Jan 1 (W) Martin Luther King Jr. Day - Jan 15 (M) Jan 20 (M) President's Day - Feb 19 (M) Feb 17 (M) Memorial Day May 29 (M) May 27 (M) - Independence Day Jul 4 (T) Jul 4 (TH) - Labor Day Sep 4 (M) Sep 2 (M) - Columbus Day Oct 9 (M) Oct 14 (M) - Veteran's Day Nov 10 (F)" Nov 11 (M) - Thanksgiving Nov 23 (TH) Nov 28 (TH) - Day after Thanksgiving Nov 24 (F) Nov 29 (F) - Last four hours of workday preceding Christmas Day Dec 22 (F) Dec 24 (T) - Christmas Day Dec 25 (M) Dec 25 (W) - "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-rata basis according to the average number of hours they work. E. Holidays During Vacation Holidays which occur during a unit member's vacation shall not be charged against vacation time. 21 F. Holiday Falls on Day Off When a holiday falls on a unit members day off, the worker shall receive the corresponding number of hours added to the "Holiday Bank." [See Section 11 .1(H)] G. Work On Holiday - Compensation A unit member who works on a scheduled holiday has 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 (1) 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. 3. Unit members who wish to schedule time off covered by the holiday bank during the course of the year shall submit requests no later than the first Friday of the current work schedule. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. 4. Any time remaining in the "holiday bank" on December 31 of any year shall be paid to the worker in cash at the current rate of pay. 5. Unit members who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. 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." 22 Section 11.2 - Personal Leave A. Amount On each January 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 to the average number of hours they work. A unit member hired during the course of the year will receive a pro-rata 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. 23 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 sick leave for the following reasons: a) Personal illness or physical disability. b) Quarantine by a physician. c) Illness or disability 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-half 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-day limit may be extended by the 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 24 I I I i C. Reporting 1) 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 explaining the reasons. 2) 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 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. 9 g 9 g 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. Ill 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 used for integration. 25 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 practitioner of the family member's or domestic partner's illness or injury. H. Exhaustion 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. 26 i r 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. A worker shall report to work if placed on call or telephone standby if not in conflict with instructions of the court. 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 with pay, up to one month in one fiscal year, when he or she receives bona fide orders to temporary active or training duty. Such leave, which shall be requested in writing from the Personnel Officer, shall be granted without loss of time, pay or other leave and without impairment to merit ratings or other rights or benefits to which the 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. 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 disability leave of absence without pay or eight months for a family care leave of absence without pay may be granted by the General Manager, upon written request, on a case by case basis. 27 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. 28 F. Intermittent o. aeduceO Leave 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 order to 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. 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 pay. The worker's-seniority shall also be adjusted to reflect the number of days on leave without pay. ARTICLE 14 - TUITION REIMBURSEMENT Section 14.1 - Preamble All bargaining unit members are encouraged to pursue educational opportunities which directly relate to their work, as well as other opportunities which will add to general 29 education and/or level, and those which will .-.p prep-.a 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 Workers 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 administrative offices are open for business. 30 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 (115) 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 [I. C. In the case of a disciplinary grievance, the affected worker may proceed directly to Step IV after imposition of the challenged disciplinary action. Section 15.3 - Step 11 A. If the grievant desires to appeal the grievance to Step 11, the grievance shall be reduced to writing and presented to the 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 111. Section 15.4 - Step III A. If the grievant desires to appeal the grievance to Step 1-11, 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 (115) 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 Manager, in consultation with the Personnel Officer, and the grievant and his/her representative in an attempt to resolve the matter informally. With forty-eight (48) hours notice to the District, 31 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 on the grievance within fifteen (115) working days of receipt of the appeal, with a copy to the Union office. C. If the grievant is not satisfied with the decision at Step III, the grievant may appeal to Step IV. Section 15.5 - Step IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step 11 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 (115) 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 (115) 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 arbitrator's fee shall be divided equally between the parties. Each party shall bear their own cost of representation. In the event the General Manager modifies or rejects the arbitrator's recommendation in a grievance of property 32 loss discipline as defined in Article 17.5 herein to the detriment of the grievant(s), the District shall pay the full cost of the court reporter and the arbitrator. 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 (115) 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(s) and one Union representative. The union representative shall not be a person subject to or involved in the matter which is the subject of the grievance. The Union Field Representative may also attend a grievance hearing. 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. 33 Open Space R-95-49 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA ITEM Approval of 1995-1996 Salary and Benefit Adjustments for Office, Supervisory, and Management Staff i G NEMAL MANAGER'S RECOMMENDATIONS 1. Approve the attached 1995-1996 salary pay plan (Attachment A), that includes a 2 point (2%) adjustment for the District's office, supervisory, and management classifications effective April 1, 1995. 2. Direct staff to request actuarial valuations from the Public Employees Retirement System (PERS) to determine the cost to the District of adopting the following PERS contract options: 1) 2% at 55 retirement formula; 2) credit for unused sick leave; and 3) employer-paid member contributions as compensation. Also direct staff to study the PERS Health Benefits Program as a possible alternative to the current medical plan options. 3. Approve an increase in vacation accrual for longer service employees as follows: 21 vacation days after 15 years of service; 23 vacation days after 20 years of service; and. 25 vacation days after 25 years of service. 4. Approve the elimination of the 8-hour Columbus Day holiday; add 4 hours of holiday time to the workday preceding Christmas Day and 4 hours to personal leave time for staff in the District's administrative office. 5. Approve, effective April 1, 1995, the replacement of the current long term disability plan with a new long term disability plan that is more costly but provides greater benefit coverage, with monthly premiums paid by the District. 6. Approve the provision of medical, dental, and vision plan benefit coverage for same-sex domestic partners, if plan(s) allow domestic partner's enrollment. 7. Approve the establishment of an administrative leave program for management employees, consisting of five days of administrative leave per year. 8. Based on the Board's determination to place a $25,000 cap on the salary incentive program, direct staff to study the program to determine the best method for distributing awards. 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-49 Page 2 DISCUSSION MA , and Benefit Survey A comprehensive review of the District's salary and benefit plans for office, supervisory, and management staff was last conducted in 1992 by consultant Ralph Andersen & Associates. Their report, which you accepted at your October 14, 1992 meeting (see report R-92-108), states in part: "In order to maintain competitiveness with the labor market, the entire salary table should be adjusted annually to account for cost of living (COLA) increases. In order to ensure that the District maintains equity with the labor market, the salary plan should be updated through a salary survey every thud year." This year is the third year since the Ralph Andersen & Associates survey in 1992. In accordance with the above report, a new salary survey is due this year. Staff determined that the capability to conduct the survey existed in-house and did not hire a consultant. The survey was conducted in January and February and replicated the survey done in 1992. The same 16 "labor market" agencies and "benchmark" job classifications were surveyed as had been originally surveyed by Ralph Andersen & Associates, except in a few cases where positions had been eliminated or substantially changed. The research attorney position was the only benchmark position not re-surveyed, since it was recently surveyed and upgraded to a higher level (see report R-94-126, dated December 14, 1994). The public affairs manager position was surveyed but had too few remaining comparables to report. The attached 1995 Salary Survey Results (Attachment B) shows the relationship of the benchmark District classifications to comparable classifications at the other agencies in our labor market pool. Also included is a table (Attachment C) showing the dates and amounts of the most recent and projected salary adjustments at these labor market agencies. This year's survey also included information on several employee benefit items. Relevant portions of the benefit survey results are contained in the attached 1995 Benefit Survey Results (Attachment D). i l Adjustments f e sal survey indicate that in general, District classifications do not fall The results o th �' Y � significantly above or below the labor market mean. The District's salary Pay Plan is determined by a combination of three factors: comparable salary information for benchmark positions, the internal relationships of District positions, and the Consumer Price Index (CPI) for the San Francisco-Oakland-San Jose Area. Based on a review of the salary data and the internal relationships of District positions, I am not recommending a salary adjustment for any individual job classifications. The most recent CPI figures show a 2.1% increase from February 1994 to February 1995 for All Urban Consumers and a 2.3% increase for Urban Wage Earners & Clerical Workers. Attachment E details CPI changes since April 1993. Cost of living increases at comparable agencies ranged from 0% to 3% in 1994. Projected 1995 increases range from 2% to 4%. Taking the survey and CPI data into consideration, I recommend that the Board approve, effective April 1, 1995, the attached 1995-1996 salary pay plan (see Attachment E), which includes a 2.0 point (2.0%) across-the-board cost-of-living salary adjustment for the District's office, supervisory, and management staff. R-95-49 Page 3 PERS QpLions After surveying and meeting with office and supervisory staff earlier this year, the employee steering committee in January put forth a recommendation to management team for two benefit improvements: PERS 2% at 55 retirement formula and the addition of one floating holiday. The cost of increasing the retirement formula to 2% at 55 District-wide is estimated to be $80,000 to$120,000 per year. In light of the District's current tight financial situation, it is not feasible to implement 2% at 55 at this time. However, given that the employee steering committee survey showed a high level of interest in improved retirement options, staff would like to request actuarial valuations from PERS to determine the actual cost to the District of adding various PERS contract options. These would include the 2% at 55 retirement formula, credit for unused sick leave, and reporting the 7% employer-paid member contribution as compensation. The cost of obtaining the actuarial valuations is estimated to be approximately $400. During the coming year, staff will also be evaluating the PERS Health Benefits Program, which offers a choice of over twenty medical plans at potentially lower rates, as a possible alternative to the current medical plan options. Vacation and Holidays The employee steering committee survey results also showed a high degree of interest in more time off options, such as increasing vacation accrual after 15 years of service, adding an additional floating holiday, and converting some regular holidays to floating holidays. Regarding vacation accrual, the comparable information from other agencies shows that the majority of agencies continue to increase vacation accrual rates after 15, 20, and 25 years of service (see page I of Attachment D). In order to maintain competitiveness in the labor market and better meet employee needs, I recommend increasing the vacation accrual to 21 days after 15 years of service, 23 days after 20 years, and 25 days after 25 years. Comparable information regarding holidays shows that the District is very competitive with other agencies, with the majority of agencies offering the same or less total holiday and personal leave time than the District (see page 2 of Attachment D). This information does not support adding an additional floating holiday to the District's holiday schedule. Public support for the Columbus Day holiday has been waning in recent years, and I recommend eliminating the Columbus Day holiday by converting four of the holiday hours to personal leave time and adding the other four hours to the last workday preceding the Christmas Day holiday to make it an eight hour holiday. This would give employees a little more flexibility in scheduling personal time off, plus simplify the administration of the Christmas-time holidays. This change would apply to employees in the District's administrative office only. The Operations Manager and I will be determining how to handle this Columbus Day holiday for the field supervisory positions. Long Term Disability Coverage Employees have expressed strong interest in an improved long term disability plan. Compared to the other labor market agencies, the District's current plan provides the lowest level of benefit coverage (a maximum of$1333 per month; see page 3 of Attachment D). A new plan has been identified that would provide much improved benefit coverage (up to $5,000 per month) for a longer period of time. The District pays $6,550 per year for the current plan for the office, R-95-49 Page 4 supervisory, and management staff; the new plan would cost approximately $3,325 more per year, and provide a significantly better benefit. I recommend replacing the current long term disability plan with the new disability plan, effective April 1, 1995,with monthly premiums fully paid by the District. Domestic Partner Benefit Coverage Santa Clara County will be offering medical, dental, and vision plan coverage for same-sex domestic partners effective July 1, 1995. As a sub-group of Santa Clara County for benefit purposes, the District may offer the same domestic partner benefit as that provided by Santa Clara County. Therefore, I recommend that the District offer same-sex domestic partner benefit coverage under the medical, dental, and vision plans effective July 1, 1995. Administrative Leave Program One of the recommendations of the Ralph Andersen & Associates 1992 study was to implement an administrative leave program for managers. Survey results show that the District is one of only four labor market agencies that do not provide administrative leave for managers (see page 2 of Attachment D). Administrative leave is intended to partially compensate managers for the many extra hours they are expected to work over the course of a year. Implementing an administrative leave program will simplify and add structure to the current practice of granting time off to managers to compensate for long workhours. I recommend establishing an administrative leave program for management employees that would consist of five days of administrative leave per year. Sal= Incentive Program The Administration and Budget Committee reviewed the salary incentive program at its March 2 meeting and determined that given the District's tight budget circumstances, it was appropriate to cap the salary incentive program at $25,000. Staff will take up to six months to review the program to determine the best method for distributing awards. During the six month review period, employees eligible to receive an award may convert the award up to the allowable maximum vacation time, but monetary awards will be suspended until the new method of distribution has been determined and approved by the Board of Directors. Prepared by: Deirdre Dolan, Administrative Analyst Contact person: Jean Fiddes, Administrative Services Manager ATTACHMENT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PAYPLAN 1995-1996 Effective 4/1/95 MONTHLY* ANNUALLY* CLASSIFICATION STEP NO. MIN-MAX MIN-MAX Receptionist 194 - 219 1945 - 2494 23,337 - 29,929 Administrative Clerk 198 - 223 2024 - 2595 24,285 - 31,144 Open Space Technician* 211 - 236 2303 - 2954 27,639 - 35,445 Secretary 212 - 237 2326 - 2983 27,915 - 35,799 Lead Open Space Technician 216 - 241 2421 - 3104 29,048 - 37,253 Planning Technician 219 - 244 2494 - 3198 29,929 - 38,381 Public Affairs Assistant 219 - 244 2494 - 319$ 29,929 - 38,381 Office Manager/Sec'y to G.M. 222 - 247 2570 - 3295 30,835 - 39,544 Ranger 224 - 249 2621 - 3362 31,455 - 40,339 Accounting Specialist 227 - 252 2701 - 3463 32,408 - 41,561 Docent Coordinator 227 - 252 2701 - 3463 32,408 - 41,561 Volunteer Coordinator 227 - 252 2701 - 3463 32,408 - 41,561 Equipment Mechanic-Operator 234 - 259 2896 - 3713 34,746 - 44,560 Open Space Planner I 234 - 259 2896 - 3713 34,746 - 44,560 Administrative Assistant 240 - 265 3074 - 3942 36,884 - 47,301 Supervising Const. & Maint. Ranger 241 - 266 3104 - 3981 37,253 - 47,774 Supervising Patrol Ranger 241 - 266 3104 - 3981 37,253 - 47,774 Administrative Analyst 249 - 274 3362 - 4311 40,339 - 51,732 Open Space Planner II 249 - 274 3362 - 4311 40,339 - 51,732 Resource Planner 249 - 274 3362 - 4311 40,339 - 51,732 Support Services Supervisor 249 - 274 3362 - 4311 40,339 - 51,732 Visitor Services Supervisor 249 - 274 3362 - 4311 40,339 - 51,732 Area Superintendent 256 - 281 3604 - 4622 43,249 - 55,464 Real Property Representative 259 - 284 3713 - 4762 44,560 - 57,145 Research Attorney 259 - 284 3713 - 4762 44,560 - 57,145 Senior Planner 259 - 284 3713 - 4762 44,560 - 57,145 Administrative Services Manager** 272 - 297 4226 - 5420 50,713 - 65,036 Public Affairs Manager** 272 - 297 4226 - 5420 50,713 - 65,036 Operations Manager** 279 - 304 4531 - 5811 54,371 - 69,735 Planning Manager** 279 - 304 4531 - 5811 54,371 - 69,735 Land Acquisition Mgr.** 279 - 304 4531 - 5811 54,371 - 69,735 * The salary range for Seasonal Open Space Technician is $10.89 to $12.03 per hour with actual individual rate to be determined at time of hire. Range is 20 points to 10 points below Open Space Technician range. **Range of three points to five points to be added to base salary as approved by the General Manager for Assistant General Manager assignment. Forty hours per week basis. ATTACHMENT B SALARY SURVEY RESULTS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LABOR MARKET SALARY SURVEY FEBRUARY 1995 Accounting Specialist SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAXIMUM RANK DATE Saratoga Accounting Clerk 2031 2592 1 07/92 Marin Senior Accounting Assistant 2171 2596 2 01/93 Saga Clara County Accounting Assistant 2205 2663 3 11/94 San Mateo Accounting Assistant II 2290 2730 4 09/92 San Mateo County Fiscal Office Specialist 2226 2782 5 01/95 Palo Alto Accounting Specialist 2416 3021 6 05/94 Los Gate Accounting Technician 2390 3050 7 06/92 EBRPD Accounting Clerk 2907 3170 8 05/94 Sunnyvale Accounting Technician 2654 3226 9 07/94 Los Ahos Payroll Technician 2698 3290 10 07/94 Cupertino Accounting Technician 3094 3761 11 06/94 Mountain View Accounting Technician 2790 3775 12 07/94 San Jose Accounting Technician 3137 3818 13 Milpitas Accounting Technician 3196 3885 14 01/95 Santa Clara Accunting Clerk H 3203 3894 15 01195 MROSD Accounting Specialist ialist 2647 3395 10.5 04/94 Administrative Services Manager SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAXD4UM RANK DATE Sunnyvale Administrative Services Supervisor 4945 1 07/94 Los Gatos Finance Manager 4997 2 06/92 San Mateo County Financial Services Manager I 4053 5067 3 01/95 Los Ahos Administrative Services Manager 4183 5085 4 07/94 EBRPD Assistant Controller 4102 5239 5 04/94 Santa Clara County Adanitnistrative Services Manager If 4341 5274 6 09/93 Santa Clara Administrative Services Div.Mgr. 5290 7 01/95 San Mateo Accounting Manager 4547 5403 8 09/94 s San Jose Supervising Accountant 4617 5612 9 Mountain View Accounting Officer 4098 6146 10 07/94 Palo Alto Manager Accounting 4546 7273 11 a5/94 MROSD Administrative Services Manager 4143 5313 7.5 04/94 ATTACHMENT B MMPENINSULA REGIONAL OPEN SPACE DISTRICT LABOR MARKET SALARY SURVEY FEBRUARY 1995 Administrative Analyst SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINUMIUM MAX MUM RANK DATE Sunnyvale Administrative Aide 3017 3667 1 07/94 Lars Gatos Administrative Analyst 2882 3683 2 06/92 EBRPD Administrative Analyst II 3367 3695 3 04/94 San Mateo County Management Analyst H 3177 3971 4 01/95 Las Altos Management Analyst 3360 4083 5 07/94 Palo Alto Management Assistant 2739 4199 6 05/94 Saratoga Administrative Analyst 3308 4221 7 07/92 Santa Clara County Management Analyst 3485 4237 8 08/93 San Mato Management Analyst U 3611 4285 9 09/94 San Jose Administrative Analyst H 3545 4310 10 Mann Administrative Analyst 3737 4527 11 01/95 Santa Clara Administrative Assistant 4591 12 01/95 Cupertino Administrative Assistant. 3934 4660 13 06/94 Milpitas Administrative Analyst H 3675 4837 14 01/95 Mountain View Administrative Analyst H 3662 4995 15 07/94 MROSD Administrative Analyst 3295 4226 7.5 04/94 Planning Manager SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAIQMUM RANK DATE San Jose Parks Planning Manager 4617 5612 1 San Mateo County Chief Planner 5219 6204 2 09/94 Sunnyvale Planning Officer 6204 3 07/94 EBRPD Chief,Planting&Stewardship 4%5 6337 4 04/94 Milpitas Principal Planner 4857 6393 5 01/95 Palo Alto Manager Development,Monitoring 4321 6625 6 07/94 and Planning Projects Santa Clan County Deputy Director,Park Planning and 5451 7009 7 01/95 Development Mountain View Principal Planner 4752 7128 8 07/94 MROSD Manning Manager 4442 5696 1.5 04194 2 ATTACHMENT B MII?PENINSULA REGIONAL OPEN SPACE DISTRICT LABOR MARKET SALARY SURVEY FEBRUARY 1995 i Open Space Planner II SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAXIMUM RANK DATE EPBPD Parka Planner II 3457 3783 1 04/94 Los Gatos Planner II 3113 3975 2 06/92 Santa Clara County Planner III/Parks Planner 3341 40" 3 11/94 Mann Open Space&Parka banner 3384 4054 4 10/94 San Jose Planner II 3410 4147 5 Cupertino Planner II 3453 4197 6 06/94 Saratoga Associate Planner 3308 4221 7 07/92 Sunnyvale Associate Planner 3517 4275 8 07/94 San Mateo County Planner III 3424 4280 9 01/95 Loa Altos Associate Planner 3538 4301 10 07/94 San Mateo Associate Planner 3720 4436 11 09/92 Palo Alto Planner 3612 4515 12 05/94 Mountain View Associate Planner 3847 5216 13 07/94 Santa Clara Associate Planner 4395 5351 14 01/95 Milpitas Associate Planner 4575 5561 15 01195 MROSD Open Space Planner II 3295 4226 7.5 04/94 Planning Technician SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MA30NU M RANK DATE San Mateo County Planning Technician 2254 2817 1 01/95 Marin County Planning Technician 2422 2908 2 01/93 San Jose Planning Technician 2522 3064 3 San Mateo Graphics Technician 2744 3273 4 09/92 EBRPD Drafting Technician 3117 3389 5 04194 Santa Clara Manning Technician 3203 3894 6 01/95 Mountain View Planning Aide 30Q 4112 7 07/94 MROSD Planning Technician =2445 3135 3.5 04/94 11 3 ATTACHMENT B MIDPENWSULA REGIONAL OPEN SPACE DISTRICT LABOR MARKET SALARY SURVEY FEBRUARY 1995 Operations Manager SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAIMAL M RANK DATE Mario County Parks&Open Space Superintendent 4870 1 01/93 Los Gates Parks&Forestry Superintendent 4997 2 06/92 San Mateo Park/Landscape Superintendent 4543 5399 3 09/94 Palo Alto Superintendent,Open Space& 3713 3693 4 07/94 Science Sunnyvale Superintendent of Parks 6110 5 07/94 EBRPD Chief,Park Operations 4%5 6337 6 04194 Santa Clara County Deputy Director of Park Operations 5451 7009 7 01/95 Sawa Clara Park Superintendent 7267 8 01/95 Mountain View Park Superintendent 4929 7393 9 07/94 MROSD Operations Manager 4442 5696 4.5 04/94 Supervising Patrol Ranger SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAJQMU'M RANK DATE Marin County Senior Open Space Park Ranger 2894 3134 1 01/93 Palo Alto Senior Ranger 2746 3432 2 05/44 Santa Clara County Senior Park Ranger 3053 3693 3 11/94 San Mateo County Park Ranger TV 3049 3812 4 01/95 EBRPD Roads and Trails Crew Supervisor 3566 3902 5 04/94 Marin Water District Senior Ranger 3199 3924 6 07/93 San Jose Senior Park Ranger 3617 4397 7 MROSD Supervising Rafter 3295 4226 6.5 04/94 Volunteer Coordinator SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAXD4UM RANK DATE Marin County Volunteer Coordinator 2595 2939 1 01/93 Saratoga Volunteer Coordinator 2579 3292 2 07/92 Palo Alto Volunteer Coordinator 2701 3377 3 05/94 EBRPD Resource Analyst 3117 3389 4 04/94 Mountain Viaw Volunteer Coordinator 3156 4270 5 07/94 MROSD Volunteer Coordinator 2647 3395 4.5 04/% 4 i ATTACHMENT B MMPENINSULA REGIONAL OPEN SPACE DISTRICT LABOR MARKET SALARY SURVEY FEBRUARY 1995 Secretary SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAXIMUM RANK DATE Marin Secretary 1934 2338 1 01/93 Los Gatos Secretary H 2068 2640 2 06/92 San Mateo County Administrative Secretary H 2115 2644 3 01/95 Santa Clan County Secretary H 2312 2791 4 11/94 Los Altars Senior Office Assistant 2335 2839 5 07/94 Sunnyvale Secretary 2337 2840 6 07/94 San Mateo Secretary 2406 2870 7 09/92 EBRPD Secretary Stenographer 2676 2879 8 04/94 Saratoga Secretary 2266 2892 9 07/92 Mountain View Office Assistant III 2902 10 07/94 Palo Alto Staff Secretary 2468 3083 11 05/94 San Jose Secretary 2635 3198 12 Cupertino Administrative Secretary 2739 3353 13 06/94 Santa Clara Stano Clerk H 2969 3617 14 01/95 Milpitas Secretary 3400 4133 15 01/95 MROSD Secretary 2290 2924 10.5 04194 Receptionist SALARY SALARY EFFECTIVE AGENCY CLASS TITLE MINIMUM MAXIMUM RANK DATE San Mateo County Office Assistant I 1626 2033 1 01/95 Marin Receptionist Clerk H 1717 2054 2 01/93 San Mateo Administrative Clerk I 1905 2272 3 09/92 Sunnyvale Office Clerk 1870 2274 4 07/94 Cupertino Switchboard Operator/Receptionist 1897 2306 5 06/94 Santa Clan County Receptionist 1939 2336 6 11/94 Saratoga Clerk Typist 1957 2370 7 07/92 Mountain View Office Assistant I 2383 8 Los Ahos Office Assistant H 2017 2452 9 07/94 Palo Alto Office Assistant 2083 2605 10 05/94 San Jose Typist Clerk H 2145 2609 11 EPRPD Switchboard/Receptionist 2494 2667 12 04/94 Santa Clara Receptionist/Clerk 2446 2969 13 01/95 Milpitas Telephone Operator 2505 3045 14 01195 MROSD Receptionist 1906 2445 8.3 04/94 5 I i ATTACHMENT C PERCENT SALARY CHANGES AGENCY DATE LAST PERCENT LAST DATE NEXT PERCENT NEXT CHANGE CHANGE CHANGE CHANGE Santa Clara County Union-715 11/94 3.0% 07/95 2.0% CEMA 09193 3.0% 08195 2.0% Management, 01/92 3.0% 01/95 3.0% Cupertino 06/94 3.0% 07/95 Unknown Las Altos 07/94 3.0% 07/95 3.0% Palo Alto 05/94 1.75% 05/95 2.0% Marin County Represented Positions 01/93 1.0% Unknown Unknown Higher Level 01/93 1.0% Unknown Unknown Milpitas 01/95 3.5% 07/95 Unknown EBRPD 04/94 3.0% 04/95 Unknown Sunnyvale 07/94 0.81% Unknown Unknown Los Gatos Some 06/92 3.0% 07195 4.0% Some 06/92 4.0% 07/95 4.0% Maria Water District 07/93 4.0% Unknown Unknown Mountain View 07/94 3.0% Unknown Unknown San Mateo some 09/92 5.5% Unknown Unknown Some 09/94 2.0% 08/95 2.0% Soma 03/94 2.5% Unknown Unknown San Mateo County 01/95 1.0% 07/95 2.0% Saratoga 07/92 4.1% Unknown Unknown MROSD 04/94 2.5% 04/95 Unknown 1-- Z W r v 1995 BENEFIT' SURVEY RESULTS Q E— `t VACATION SCHEDULE AGENCY YEAR 1 YEAR 2 YEAR 3 YEAR 5 YEAR 10 YEAR 15 YEAR 20 YEAR 25 YEAR 30 Cupertino 10 10 15 15 17 20 22 22 EBRPD 12 12 12 15 18 21 21* 26 31 Las Altos 10 10 10 1 15 15 20 20 20 Los Gatos 10 10 10 16 21 23 25 25 Marin County 10 10 IS 15 20 20 20 25 30 Milpitas 11 11 11 16 21 1 21 21 21 Mountain View 12 12 12 17 17 22 22 22 Palo Alto 10 10 10 15 20 20 20 20 San Jose Saga Clara County 11 13 13 17 19 21 21 21 Santa Clara 10 10 10 IS 21 21 21 21 San Mateo County 13 13 13 16 19 21 22 24 San Mateo 10 10 10 15 1 17 21 22.5 22.5 Saratoga** 22 22 22 22 27 32 32 32 Sunnyvale 11 11 11 16 21 21 21 26 MROSD 10 10 12 15 20 20 20 20 *21 plus one full day per year for each full year in excess of 20 years **Annual leave-inchWes sick leave and personal leave 1 1-- Z HOLIDAYMRSONAL DAYS/ADMINISTRATIVE LEAVE = I v � I ¢ FLOATING PERSONAL ADMINISTRATIVE AGENCY HOLIDAYS HOLIDAYS LEAVE TOTAL LEAVE DAYS** Cupertino 11 2.5 Unlimited;deducted from sick 13.5 2 leave balance EBRPD 13.5 0 0 13.5 5 Los Altos 10 2 0 12 5 Loa Gatos 10 0 3 13 5 Marin County 11.5 4 0 15.5 5 Milpitas 13 0 0 13 5 Mountain View 11 0 1 12 10 Palo Alto 12 5 2.5(part of sick leave accruals) 17 5 San Jose Santa Clara County 11 0 4 15 0 Santa Clara 13 0* 4(part of sick leave accruals) 15 San Mateo County 12 0 0 12 9.75 San Mateo 10 3 0 13 5-15 Saratoga 12 0 0 12 0 Sunnyvale 11 1 2.5 1 0 13.5 3 MROSD 11.5 0 2 13.5 *Used to have two floating holidays;converted to 16 hours CTO for nonmanagement only **Administrative Leave is time off given to employees at the management level in recognition of the overtime tours they work but are not compensated for due to their exempt status. 2 LONG TERM DISABILITY Question 1:Is long term disability insurance provided? H Question 2:What is the waiting period from onset of disability to date of benefit? w Question 3:What percent of employee's grow pay is covered by LTD benefits? Question 4:Can sick leave be used to supplement LTD benefits? Question 5:Percent of premium paid by employer. cc - F-- AGENCY QUESTION I QUESTION 2 QUESTION MAXIMUM BENEFIT QUESTION 4 QUESTIONS 3 Cupertino Y 60 days 66.6% $3750 N*' 100% EBRPD Y 90 days 70% 70%of full salary N 100% Lore Altos Y 90 days 66.6% $4000 N 0 LOS Gatos Y 90 days 60% $5000 Y 100% Marin County Y 90 days 60% $2000 Y 0 Milpitas Y 60 days 60% $1500;higher coverage available at employee expense N 100% Mountain View Y 60 days 66.6% $3333 N 100% Palo to Y A.60 days A.60% $1900 Y 100%for management& Y B.60 days B.66.6% $4000 Y confidential; up to C.60 days C.66.6% $6000(management&confidential) Y $17.50/month all others San Jose Santa Clam County Y 60 days 66.6% $1333-Plan 1 Y 0 $2500-Plan 2 Santa Clara Y 30 days(nwnmgmt) 66.6% $5000 Y 100%to max of$4200 in 60 days(mgmt) salary for naamgat; 0 for nngnt San Mateo County Y 120 days 66.6% $2000 N 100% San Mateo Y 60 days 66.6% 66.6%of full salary for management; N*• 100% $1333 all others Saratoga Y 12 days 75%for 6 75%of full salary for 6 months;then$2000 Y 100% months;then 66% Sunnyvale Y 90 days 66.6% $5000 N 100% MROSD Y 60 days 66.6% $1333 Y 10096 s—ick 0ve must be exhausWoe0 benelds w pat . 3 ATTACHMENT E CONSUMER PRICE INDEX San Francisco-Oakland-San Jose Area All Urban Urban Wage Earners Consumers & Clerical Workers April 92-93 3.7% 3.7% May 92-93 3.5% 3.4% June 92-93 3.0% 2.6% July 92-93 2.7% 2.6% August 92-93 2.5% 2.1% September 92-93 1.9% 1.8% October 92-93 1.9% 1.9% November 92-93 2.1% 1.9% December 92-93 1.9% 1.7% January 93-94 1.7% 1.6% February 93-94 1.3% 1.0% April 93-94 0.8% 0.6% May 93-94 1.0% 0.9% June 93-94 1.4% 1.2% July 93-94 1.9% 1.7% August 93-94 2.2% 2.2% September 93-94 2.0% 1.9% October 93-94 1.6% 1.4% November 93-94 1.8% 1.8% December 93-94 1.6% 1.9% January 94-95 1.9% 2.0% February 94-95 2.1% 2.3% Open apace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-48 Meeting 95-07 March 22, 1995 AGENDA ITEM Adoption of Budget for Fiscal Year 1995-1996 GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached resolution approving the budget for the 1995-1996 fiscal year. 2. Authorize the filling of the second, regular full-time equipment mechanic-operator position effective July 1, 1995. 3. Authorize the filling of the current part-time receptionist position on the equivalent of a full-time basis effective April 1, 1995. DISCUSSION The proposed budget for the 1995-1996 fiscal year was presented for your review at your March 8, 1995 meeting (see reports R-95-28, R-95-31, and R-95-36). As noted at the March 8 meeting, the operating budget presented for your consideration did not include funding for potential salary and benefit adjustments for general manager appointees; contract negotiations were still in progress with S.E.I.U. - Local 715 and discussions concerning potential salary and benefit adjustments were still in progress with the District's office, supervisory, and management staff. The budget presented for approval at your March 22 meeting has been revised to incorporate salary and benefit adjustments the Board will be considering at the March 22 meeting. The proposed budget for the 1995-1996 fiscal year totals $25,212,750 and breaks down as follows: Debt Service $5,454,000 Capital Improvement Projects $ 581,500 Facilities (Field Offices) $ 532,500 Operating Expenses $4,397,750 Land Purchases $14,247,000 Proposed operating budget expenses of$4,397,750 represent a 5.7 percent increase over the revised 1994-1995 base of$4,161,950 for budge operating expenses and a 9.3 percent increase over prrQ1,ect,ed 1994-1995 operating expenses of$4,023,625. The revised 1994- 1995 operating expenses budget figure of$4,161,950 is used in the calculations for the target average six percent growth guideline for District operating expenses. 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Genera(Manager:L.Craig Britton R-95-48 Page2 As noted at your March 8 meeting, the 1995-1996 proposed budget includes funding for one new staff position, the second equipment mechanic-operator, and the expansion of the part- time receptionist position to the equivalent of a full-time position. The Board is asked to officially approve the filling of these positions. As of the writing of this report, staff has not received any comments from members of the public on the proposed budget for the 1995-1996 fiscal year. Prepared by: Jean Fiddes, Administrative Services Manager Contact person: L. Craig Britton, General Manager RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA, REGIONAL OPEN SPACE DISTRICT ADOPTING BUDGET FOR FISCAL YEAR 1225-1996 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The budget for the Midpeninsula Regional Open Space District for the fiscal year 1995-1996 is adopted as set forth in Exhibit A. Section Two. The District's allocation of property taxes collected shall correspond to the maximum tax rate of one percent of assessed valuation for all agencies within each county. Section Three. A total tax rate of ten cents ($0.10) per $100 assessed valuation is adopted or such lesser amount as may be allowable by law. Section Four. An adjustment to the New Land Purchases budget category shall be made to reflect any difference between actual revenue and budgeted revenue. Section Five. Monies are hereby appropriated in accordance with said budget. EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Budget for Fiscal Year 1995-1996 REYMM A. Tax Revenues $ 10,107,000 B. Grant Income 486,000 C. Interest Income 575,000 D. Rental Income 509,000 E. Joint Projects/Land Gifts 100,000 F. Other Income 50,000 TOTAL INCOME $ 11,827,000 NET PROCEEDS FROM NOTE ISSUE 7,260,000 TOTAL INCOME PLUS FINANCING $ 19,087,000 DECREASE IN RESERVES 6,125,750) EXPENDITURES A. Debt Services 1. Interest $ 3,971,000 2. Principal 1,483, DEBT SERVICE SUBTOTAL $ 5,454,000 B. Salaries 1. General Manager Appointees $ 2,304,150 2. Salary Incentive Awards 25,000 3. General Manager 88,150 4. Legal Counsel 47,000 5. Controller 7,900 110efits 1. General Manager Appointees $ 643,100 2. General Manager 20,000 C. Directors' Fees $ 27,000 SALARIES AND BENEFITS SUBTOTAL $ 3,162,300 EXHIBIT A PAGE 2 E. Services & Supplies 1. Legal Services $ 13,000 2. Regular Outside Services 62,400 3. Contract Services 244,150 4. Election/Annexation 2,000 5. Library and Subscriptions 4,200 6. Rents and Leases 8,900 7. Utilities 471450 8. Postage 41,200 9. Printing and Duplicating 30,600 10. Insurance 111,500 11. Advertising 7,600 12. Maps and Aerials 1,100 13. Private Vehicle Expense 11,400 14. District Vehicle Expense 138,300 15. Business Meeting Expense 7,950 16. Personnel Development 36,600 17. Maintenance/Repair Equipment 15,850 18. Operating Expenses - Distel 51,850 19. Computer Expenses 9,850 20. Office Supplies/Small Equipment 10,200 21. Field Supplies/Small Equipment 34,800 22. Outside Maintenance Services 170,500 23. Property Taxes & Permits 4,500 24. Communications - Publications 64,200 25. Communications - Special Projects 21,000 26. Volunteer Program 10,150 27. Miscellaneous 350 SERVICES AND SUPPLIES SUBTOTAL $ 11161,600 F. Fixed Assets 1. Previous Land Commitment $ 6,260,000 2. New Land Purchases 7,987,000 3. Option Fees 25,000 4. Site Acquisition Expense 27,500 5. Site Preparation Expense 40,000 6. Structures and Improvements 910,750 7. Field Equipment 89,700 8. Office Equipment 29,400 9. Vehicles 65.5 FIXED ASSETS SUBTOTAL $15,434,850 TOTAL OF ALL EXPENDITURES $25,212,750 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-42 Meeting 95-07 March 22, 1995 AGENDA ITEM Proposed Budget for Fiscal Year 1995-1996 1995 ADMINIS' .TION AND BUDGET COMMITTEE'S RECOMMENDATION Accept the Administration and Budget Committee's recommendations contained in report R- 95-36, including accepting the proposed 1995-1996 fiscal year budget. DISCUSSION You received the Administration and Budget Committee's report on the proposed budget for fiscal year 1995-1996 as part of the budget presentation at your March 8 meeting. A copy of the committee's report is attached. Committee chair T. Henshaw requested that the Board's acceptance of the committee's report be included as part of the budget approval process at the March 22 meeting. Prepared by. Jean Fiddes, Administrative Services Manager 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-36 Meeting 95-05 March 8, 1995 AGENDA ITEM Proposed Budget for Fiscal Year 1995-1996 1995 ADMIMSIMTION AND BUDGET COMMITTEE'S RECOMMENDATION Accept the proposed 1995-1996 fiscal year budget. DISCUSSION The charge to the Administration and Budget Committee was to develop a budget that reflected both a realistic view of projected income and expenses and followed the Board approved growth guidelines for District operating expenses. We established the target average six percent growth guideline for operating expenses in September 1994. Operating expenses include salary and benefits, services and supplies, and fixed assets. Facility costs, such as renovation of the field offices, and capital improvement projects are outside the operating expenses growth guideline. The committee met five times to review the proposed 1995-1996 budget in terms of the proposed Action Plan, the Relative Site Emphasis Plan, the revised adopted 1994-1995 budget, and projected 1994-1995 expenditures. Under the scenario above, the management team and committee reviewed each program's proposed budget. The proposed budget for the 1995-1996 fiscal year currently totals $25,150,500. Current proposed operating expense budget for 1995-1996 is $4,335,500, exclusive of debt service ($5,454,000), capital improvement projects ($581,500), facilities ($532,500), and land acquisition funding ($14,247,000). The operating expense figure is now 4.2 percent above the 1994-1995 operating expenses budget base. However, at this time, the proposed budget does not included funding for potential cost-of-living salary adjustments and potential salary adjustments for the District's general manager appointees. Historically, tax revenue grew 8 percent to 12 percent per year. Due to the recession impacting California, that figure has declined and controller Mike Foster, in his presentation to the committee, said that he is projecting tax revenue from Santa Clara County to increase only 1.5% in the 1995-1996 budget year. Based on the above information, the Administration and Budget Committee recommends: 1) Accepting the proposed 1995-1996 fiscal year budget. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-36 Page two 2) Capping, at the general manager's recommendation, the 1995-1996 salary incentive award program at $25,000 and directing staff to review the program within the next six months to determine the best method for distributing awards. Monetary awards during the review period should be suspended until the new method of distribution has been determined and approved by the Board. Revisions to the current program should be reviewed with the Administration and Budget Committee prior to presentation to the full Board. 3) Establishing, in behalf of the Board, a salary review schedule for the general manager, legal counsel, and controller and recommending to the Board what appointee salary survey data and other information is required to review Board appointees' compensation. 4) Reviewing the budget and expenditure status mid-way through the fiscal year, including a review of the impact of the six percent target growth average for operating expenses. 5) Reviewing proposed salary and benefit adjustments for general manager appointees prior to inclusion in the budget. Prepared by: Adm inistration and Budget Committee Directors T. Henshaw (chair), M. Davey, and W. de Wit Contact person: Director T. Henshaw i Open apace R-95-40 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA EMM Approval of Permits to Enter for the United States Geological Survey and Their Contractor, William Lettis & Associates, to Conduct a Seismology udy Rancho San Antonio Open Space Preserve —tea GENERAL MANAGER'S RECOMMENDATION Authorize General Manager to sign the attached Permits to ter Rancho San Antonio Open Space Preserve DISCU S� ION The United States Geological Survey (USGS) and William Lettis and Associates are requesting access to Rancho San Antonio Open Space Preserve to conduct a seismic study of the Monte Vista Fault. The goals of the study are to better map the structure and location of the Monte Vista Fault through urbanized Santa Clara Valley, verify its fault geometry, and better evaluate the seismic hazards associated with this type of fault. Movement that occurred on this fault during the 1989 Loma Prieta earthquake may be responsible for concentrated damage that occurred in the towns of Los Gatos, Saratoga, Cupertino, and Los Altos Hills. The information gathered from the study will help evaluate the probabilities of future large, potentially damaging earthquakes from this fault, and will provide information for public policy and planning by local agencies and municipalities. USGS has selected this study site because urbanization has destroyed virtually all other viable investigation sites along the Monte Vista Fault. USGS has conducted several studies on District land in the past. The most recent study was performed at Windy Hill Open Space Preserve. At your April 14, 1993 meeting, you approved a Permit to Enter for USGS to conduct a seismology study at Windy Hill (see report R-93-51). This study consisted of drilling a 100-foot deep, 8-inch diameter hole, detonating a 250 pound explosive charge in the hole, and using a seismograph to take measurements. The study was successfully completed without any problems occurring on the preserve. The proposed study includes two field work phases. The first phase is an active seismic survey using seismic sensors and a combination of seismic sources. It will be conducted by USGS personnel in the front meadow area of the preserve near the preserve entrance sign (see attached map #1). During this survey, USGS will establish an approximate 1200 foot seismic line, consisting of seismic sensors placed every few meters along a cable that has been laid on the ground. Small seismic signals would be generated along the line using three methods. First, USGS 330 Distel Circle . Los Altos,CA 94022-1404 w Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-40 Page 2 staff will walk the seismic line with a "whacker" (hand_guidedpowered compaction machine), generating pulses every few meters. Then four foot deep post size holes will be drilled every 20 to 30 meters along the cable. One pound explosive charges will be buried in each hole and detonated. Based on data collected from these two steps, the cable will be relayed so that the sensors can be very closely spaced over the surface trace of the fault for about 100 meters. Small charges from a hammer-like device will be fired along the new seismic line to record data to generate a clearer picture of the near surface composition of the fault. These activities cause minimal ground and noise disturbance. All holes will be filled, compacted, and seeded. The "whacker* will produce slightly more noise than a commercial lawnmower. The hammer and seismic charges will produce little sound, because they will be buried. USGS will close a portion of the pedestrian trail for one day during the study to ensure public safety. Preserve visitors will be directed to use the road on this day. USGS would conduct the seismic survey during the week of April 3, 1995. This is the only time that the equipment required for the survey will be available. This survey will take three to four days to complete. The second field work phase of the study involves digging a trench along the surface trace of the Monte Vista Fault as identified by the active seismic survey. The geologic features of the trench will be surveyed and mapped to help assess the location and activity of the fault. The trenching would be performed by William Lettis & Associates, Inc., a contractor for USGS. The trench will be approximately 150 feet long, 3 ft wide, and about 14 feet deep. It will be shored and secured according to OSHA regulations. A six foot high chain link fence installed around the trench will secure the site during the entire study. Plywood sheets will also be placed over the trench when the site is unoccupied to prevent wildlife from falling in. Signs will be installed around the site, and an informational brochure will be available to inform preserve visitors about the purpose, significance, and anticipated results of the trench investigation. After the investigation is complete, the trench will be backfilled, compacted, and seeded. This investigation will occur over a one month period during the summer of 1995. The District will receive adequate advance notice from the contractor, so flyers advising preserve visitors of the seismic study can be posted at the site. Representatives from USGS and William Lettis and Associates will give a brief presentation about the study at your meeting. Notice of this agenda item has been posted at Deer Hollow Farm and all preserve entrances to inform visitors of your consideration of this proposal at the March 22 meeting. Prepared by: Sheryl Marioni Cochran, Open Space Planner Contact Person: Same as above N Foothill Expresswa Proposed Seismic Study Location 4 (R509 � 0.3 � —_0 R0) Water Tank 0.4 10.6 0s l / 600 Ay permit Fl,gh M 0.8 ! only) J eadO� Trail \ (R506) 1 J! // T o a ® tA (Rsost yg }Wale r Tank wt1 to\L .......0.5 �r .•\ ...., w�+~ oat •hti�' biro— Deer Hollow Farm Cristo ey rlVe °'PTA 0.7 pC eoo �--- `��'1� Foothill Rancho San Antonio Boulevard .,j County Park , Rancho San Antonio Open Space Preserve MAP # 1 LOCATION MAP FOR SEISMOLOGY STUDY ON RANCHO SAN ANTONIO OPEN SPACE PRESERVE March 95 .-; Qt ' SEISM�� 1Ne,�`. � ,� f ,.�� �-;;_:�.... ``_;: �' •'���r.�c�i:�i'�'s ApftdacirlbifeEtbC# 'of -~ �"permanErtr� , : ti JE�rtl'JAaif to y t4vio�s ab#smia�ige ,`�\ -- ' + •\�`� :` ` �,,.�.eir{^:'a'; ••`;•• '• ::��*�•:'_ •�� f t�•IQE>��OI!,-0if";`;., \\e� � . ,�\ _�,- ..e` •.lit^�``�':�r� tN� :��.�•� •\ ,\ �- �. ::�'i ik!;• :�i:::'.'.tC'.:. it i::.:i}`!...J..�r �Y Mi: �:7c1(' •'�•`:L•`. ..t1'1:1:: ':S1t.:':•i:;ll.:':[::::; 1. OT •.... 'V \ 44 r \ .y ':ice •.'"h I } t f t 7 f iS ,Y i. :�:' . -.. . .. " •�.;n. Ulf;:::::::. .3 Obi� �:. ,//•�/ '!'`;,�,�. _ ... .. ~"•`'«.� .,. Possible Rdnchlocaiity �a' 1� jf is // ',' _ ,_,._�_—__�----------••.,,,,, MAP # 2 Map of the Rancho San Antonio site showing Quaternary terraces (Qt), inferred traces of the Monte Vista fault, location of proposed seismic line, and possible trench localities. Final selection of trench locality will be based on results of seismic reflection profiling. I PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "MROSD"), and the United States Geological Survey (hereinafter USGS'). The parties hereby agree as follows: 1.0 Property MROSD grants USGS permission to enter the portion of Rancho San Antonio Open Space Preserve (hereinafter the "Property") located near Permanente Creek, as shown on the attached map #1. Access to the Property will be via Cristo Rey Drive through Rancho San Antonio County Park. 2.0 Purpose This Permit to Enter is for the sole purpose of conducting an active seismic survey. This survey will enable USGS to precisely identify the location and surface composition of the Monte Vista Fault. The information gathered will help evaluate the probabilities of future large, potentially damaging earthquakes from this fault and will provide information for public policy and planning by local agencies and municipalities. The active seismic survey involves establishing a 1200 foot seismic line, consisting of seismic sensors placed every few meters along a cable that has been laid on the ground. The proposed location of the seismic line is identified on the attached map. The cable will be attached to a recording van parked in a turnout along the preserve road. The cable will be buried where it crosses the road and hiking trail. Small seismic signals would be generated along the seismic line using the following three methods: 1. USGS staff will walk the seismic line with a "whacker", generating pulses every few meters along the cable. 2. Four foot deep post size holes will be drilled every 20 to 30 meters along the cable. One pound charges will be buried in each hole and detonated. 3. Based on data collected from the first two steps, the cable will be relayed so that the sensors can be very closely spaced over the surface trace of the fault for about 100 meters. Small charges from a hammer like device will be fired along the new seismic line to record data to generate a fine picture of the near surface composition of the fault. These activities will have minimal ground and noise disturbance. All holes will be filled, compacted, and seeded. The "whacker" will produce slightly more noise than a commercial lawnmower. The hammer and seismic charges will produce no sound because they will be buried. 3.0 Activity Conditions The activity shall be subject to the following conditions: a. USGS will be responsible for obtaining all necessary permits for the project. MROSD will issue a use permit for the activity. The use permit must be on the site at any time USGS employees or their contractors are working on the Property. b. USGS will be responsible for obtaining permission from Santa Clara County Parks and Recreation for entry through Rancho San Antonio County Park when the park is closed. C. Hours of work shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, unless otherwise approved by Annette Coleman, Foothills Area Superintendent (TEL: 415-691-2165, FAX: 415-691-2168). d. USGS shall notify MROSD at least 48 hours prior to commencement of the study. e. USGS will provide MROSD with a schedule of operations, including specific times of detonation, and keep MROSD informed of any changes in the schedule. f. USGS will install temporary signs around the site informing preserve visitors about the project. USGS will prepare an informational flyer to be posted at the preserve entrance sign informing visitors of the purpose, significance, and anticipated results of the seismic survey. 9. USGS will be responsible for installing temporary barriers and fences, and taking other necessary measures to protect the public from any injury or damage resulting from the activities. USGS will ensure that all preserve roads will be kept open for preserve visitors, MROSD staff vehicles, and emergency vehicles at all times during the study. h. Vehicle parking and storage of materials related to the trenching activities will be limited to an area designated by MROSD staff. USGS will meet on site with MROSD staff prior to commencement of the study to determine the designated area. i. USGS will use caution around all existing trees and structures. All post hole drilling will occur outside the drip line of any existing tree. USGS will correct any inadvertent damage to trees or structures. J. Upon completion of the seismic study USGS will make every effort to restore the site to a condition equal to or better than that which was originally found. USGS will fill, compact, and seed all holes resulting from the project. k. USGS shall notify MROSD upon completion of all work and arrange for a site inspection with MROSD staff before vacating the site. 4.0 Term Access to the site for the purposes of conducting this study is limited to weekdays during the period between April 3, 1995 and April 15, 1995. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U. S. mail to the following address: MROSD: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 (415) 691-0485 (FAX-) USGS: Thomas Burdette, Land Agent United States Geological Survey Office of Earthquakes, Volcanoes, & Engineering 345 Middlefield Road, MS 977 Menlo Park, CA 94025 (415) 329-4726 (415) 329-5163 (FAX) 6.0 Damage and Liability The United States Geological Survey agrees that the use of equipment and tools on the property of Midpeninsula Regional Open Space District shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of the District; further, the USGS agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the United States by MROSD or by third parties for personal injury or property damage resulting from negligent act or omission of any employee of the USGS in the course of their employment (28 U.S.C. SS 2671, et seq.). 7.0 Cancellation This Permit To Enter shall be cancelable by MROSD upon 14 days written notice to USGS. The above permit to enter has been read and understood and is hereby agreed to and accepted. UNITED STATES GEOLOGICAL SURVEY By Date Print Title MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton General Manager Attest Jean Fiddes, District Clerk PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "MROSD"), and William Lettis & Associates, Inc. (hereinafter "PERMITTEE"). The parties hereby agree as follows: 1.0 Property MROSD grants PERMITTEE permission to enter the portion of Rancho San Antonio Open Space Preserve (hereinafter the "Property") located near Permanente Creek as shown on the attached map #1. Access to the Property will be via Cristo Rey Drive through Rancho San Antonio County Park. 2.0 Purpose This permit to enter is for the sole purpose of conducting a fault trace trenching investigation. This study involves digging a trench along the surface trace of the Monte Vista Fault as identified by the active seismic survey performed by USGS. The information gathered from this investigation will help evaluate the probabilities of future large, potentially damaging earthquakes from this fault and will provide information for public policy and planning by local agencies and municipalities. The trenching will be performed by William Lettis & Associates, Inc., contractor for USGS. The trench will be located at one of the five locations identified on the attached map #2. It will be approximately 150 feet long, 3 feet wide, and about 14 feet deep. It will be shored and secured according to OSHA regulations. The geologic features of the trench will be surveyed and mapped to help assess the location and activity of the fault. This investigation will occur over a one month period during the summer of 1995. 3.0 Activity Conditions The activity shall be subject to the following conditions: a. PERMITTEE will be responsible for obtaining all necessary permits for the project. MROSD will issue a use permit for the trenching investigation. The use permit must be on the site at any time PERMITTEE is working on the Property. b. PERMITTEE will be responsible for obtaining permission from Santa Clara County Parks and Recreation for entry through Rancho San Antonio County Park when the park is closed. C. Hours of work shall be 8:00 a.m. to 5:00 p.m. Monday through Friday, unless otherwise approved by Annette Coleman, Foothills Area Superintendent (TEL.415-691-2165 FAX 415-691-2168) d. Vehicle parking and storage of materials related to the trenching activities will be limited to an area designated by MROSD staff. PERMITTEE will meet on site with MROSD staff prior to commencement of the activities to determine the designated area. e. PERMITTEE will notify MROSD when a trench site location has been selected. MROSD shall review and approve the location prior to commencement of the excavation. The trench will be located outside the drip line of any existing tree. f. PERMITTEE will notify MROSD at least 48 hours prior to commencement of the trenching investigation. 9. PERMITTEE will provide MROSD with a schedule of operations and keep MROSD informed of any changes in the schedule. h. PERMITTEE will ensure that all preserve trails and roads be kept open for preserve visitors, MROSD staff vehicles, and emergency vehicles at all times during the investigation. i. PERMITTEE will use caution when working around all existing trees and structures. PERMITTEE will be responsible for any repair or replacement of any damage on the site resulting from the trenching activities. j. PERMITTEE will be responsible for protecting District personnel, preserve users, and wildlife from any injury resulting from its activities. PERMITTEE will establish a restricted area to ensure the protection of preserve users and wildlife before, during, and after the activities until the area is again safe for entry. PERMITTEE will install a six foot high chain link fence around the trench site during the entire study. PERMITTEE will properly and safely cover the trench when the site is unoccupied to prevent any hazard to any persons or wildlife. k. PERMITTEE shall be responsible for maintaining and supervising all safety precautions required by this Permit or by law, including OSHA requirements and California Labor Code Section 6705, if applicable. Trenching must be adequately shored and braced to protect the PERMITTEE'S workers, MROSD, and the public. 1. PERMITTEE will install temporary signs around the site informing preserve visitors about the project. PERMITTEE will prepare an informational flyer to be posted at the preserve entrance sign informational flyer to be posted at the preserve entrance sign informing visitors of the purpose, significance, and anticipated results of the seismic survey. M. Upon completion of the seismic study PERMITTEE will restore the site to a condition equal to or better than that which was originally found. PERMITTEE will backfill, compact all fill to at least 90%, and adequately seed the trench. The site will be left In a clean condition with all waste, rubbish, and equipment removed. n. PERMITTEE will keep the surrounding areas free from accumulation of surplus materials, rubbish, equipment, and waste material. 0. PERMITTEE shall notify MROSD upon completion of all work and arrange for a site inspection with MROSD staff before vacating the site. 4.0 Term This permit shall commence at such time as this permit-to-enter is fully executed, and terminate 45 days from the date of execution. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this permit may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: MROSD: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 (415) 691-0485 (FAX) PERMITTEE: Keith 1. Kelson, C.E.G., Senior Geologist William Lettis & Associates, Inc. Earth Science Consultants 1000 Broadway, Suite 612 Oakland, CA 94607 (510) 832-3716 (510) 832-4139 (FAX) 6.0 Indemnification and Release of Liability PERMITTEE agrees that the use of equipment and tools on the property of Midpeninsula Regional Open Space District shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of MROSD or to the public. PERMITTEE agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgments, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of the PERMITTEE both on and off the project. In the event a claim is made against the District, its officers, directors, agents, and/or employees, or they and/or the District is named a co-defendant in any action concerning this PERMITTEE, the District may either retain legal counsel at the PERMITTEE'S sole expense, or the PERMITTEE shall reimburse the District for all legal expenses, including all reasonable attorney's fees, expended in representing the District. PERMITTEE hereby waives all claims and recourse against the District, Including the right of contribution for loss or damage to property, and releases the District from any liability related to or in any way connected to the PERMITTEE'S activities or the PERMITTEE'S use of the project site, premises, or facilities. The PERMITTEE and its subcontractors shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents officers) from any and all injury, death, or damage. 7.0 Insurance Through out the term of this agreement, PERMITTEE, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal Injury and property damage.* Limits shall be not less than $2,000,000 per occurrence. This permit Is not valid without PERMITTEE's insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. Throughout the term of this agreement, PERMITTEE, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. 8.0 Cancellation This Permit to Enter shall be cancelable by MROSD upon 24 hour written notice to PERMITTEE. i The above permit to enter has been read and understood and is hereby agreed to and accepted. WILLIAM LETTIS & ASSOCIATES, INC. By Date Print Title MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton General Manager At test Jean Fiddes District Clerk *The insurance policy must include coverage for collapse and underground hazards. Open Space R-95-34 Meeting 95-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 22, 1995 AGENDA ITEM Minor Amendment of Plan for Access to Persons with >t 'es C GENERAL MANAGER'S RECOMM 2A Adopt the minor amendment of the ADA Plan and accept the proposed approach to providing trail access information to persons with disabilities. DISCUSSION At your regular meeting of January 27, 1993, you adopted the District's Access Plan for Persons with Disabilities (see report R-93-22). This plan was prepared to comply with the federal Americans with Disabilities Act (ADA) of 1990. Chapter VHI of the Plan incorporated a committment to correct a series of physical barriers to access to District lands by January 26, 1995. There have been no formal comments, questions, or requests from the public regarding the ADA Plan or access for persons with disabilities since the plan was adopted. The attached pages from Chapter VIR of the Plan have been annotated in italics to show the completion or progress on correcting these barriers. One minor amendment of the Plan is proposed. The placement of a handicapped parking sign at the Rancho San Antonio Permit Lot was determined to be unnecessary, because the use of the lot is by permit only. Reservation of space for handicapped parking can be assured at any time by arrangement through the administrative office. Perhaps more significant than the correction of these barriers are the efforts to develop and publish useful information on trail conditions for persons with disabilities. This has been made a part of the trail inventory and planning process that the District is undertaking for all its preserves. The attached example, adopted as part of the St. Joseph's Hill Use and Management Plan, shows the type and format of the information that is being provided. Staff recently commented on draft federal guidelines for the design and designation of trail accessibility, which included rural and wilderness areas similar to District lands. Many sound concepts were included in the guidelines; however, as pointed out in the comments, standards for grade, width, passing spots, rest areas, and signage are not realistically achievable in District type settings. The guideline's recommendations for inventory and publication of information on trail conditions are realistic and remarkably similar to our own approach. Prepared by: Randy Anderson, Planning Manager Contact Person: Same as above 330 Distel Circle ° Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 . E-mail:mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Genera{Manager:L.Craig Britton yam, Physical Barriers to be Corrected An inventory of all District sites has been completed to identify physical barriers to program accessibility. The inventory forms are attached as Appendix A. The inventory identified the following physical barriers to general program accessibility, existing as of August, 1992, which are to be corrected by January 26, 1995: Parking Areas, Various Preserves The following parking areas lack designated accessible parking spaces, which will be added as noted below: dine Area Preserves Number of Spaces Number of Required Accessible S aces 1. Los Trancos 25 1 Complete 2. Monte Bello 45 2 Complete 3. Purisima Creek Redwoods (Higgins-Purisima) 10 1 Complete 6. Windy Hill 10 1 Complete Foothills Area Preserves 1. Fremont Older 10 1 Complete 2. Monte Bello, (Picchetti Ranch) 35 2 Complete 3. Permit-� 4-2 -1 Determined to be unnecessary Total number of signs required 28 Monte Bello Open Space Preserve, Black Mountain Pack-in Camping Area 1. Replace restroom facility with wheelchair accessible unit. In progress - need to obtain revisions to conditional use permit from City of Palo Alto. Completion scheduled 95196 FY. 2. Publish permit procedures for backpack camp to allow drive-in access to visitors with disabilities. These procedures will be included in the "Open Space Preserve and Facilities Use Permits Operating Guidelines", currently in draft form and scheduled to be finalized in 95196 FY. 31 Fremont Older Open Space Preserve 1. Replace temporary restroom with a wheelchair accessible temporary restroom. Complete Rancho San Antonio Open Space Preserve 1. Install two self-contained accessible restrooms near Deer Hollow Farm (Project in FY 92/93 budget, currently pending use permit approval). Complete Trailhead Gates and Stiles Most District trailheads feature open access or "block type" stiles which accommodate wheelchairs. Where physically feasible, the District will add accessible (block type) stiles at trailheads that have only step-over stiles. Underway at most Skyline area preserves. Completion is projected by the end of calendar 1995 for all trailheads where physically feasible and parking is available. "Block type"stiles have been added at trailheads in Foothills area preserves where physically feasible. Wheelchair accessible temporary restroom has been placed at the Kennedy Road trailhead in the Kennedy Limekiln area of Sierra A=L 32 EXHIBIT B TRAIL CONDITIONS AND ACCESSIBILITY nI - 1- ,`R A I L WIDTH GRADE X SLOPE SURFACE NOTES Maximum grade is 25%, Narrow opening at county park entrance, Short rutted section. I Maximum grade is 21%, Maximum cross slope is 8%, Rocky surface. i Maximum grade is 15%, Rutted surface for 400' Maximum grade is 18%, Asphalt surface for 40'. 10 10 0 Maximum grade is 20% f for 300', 3 0 Maximum cross slope is 8%. • > 6 Ft. < 5% • < 2% • Smooth Slope & Grade n 4-6 Ft. 5-10% n 2-5% Loose 30% LLEGEND W W 20% O < 4 Ft. O > 10% C > 5% O Rough 10% 5 15/94 'I` Additional trails and information will be provided as time permits. Open ,space R-95-43 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA ITEM Review of Request for Proposals for Use of Mt. Umum m Buildings and Facilities GENERAL MANAGER'S R.ECOMMENDATIQI 1. Based upon the results of the Request for Proposals process, determine t the former Air Force buildings and facilities are not suitable for alternative uses, except for potential recreational or District operational use on a very limited basis. 2. Review and approve staff's proposal for the follow-up process to implement this decision and to investigate alternatives for demolition or salvage of the remainder of the buildings and facilities, and restoration of the site. DISCUSSION At your regular meeting on October 26, 1994, you authorized staff to issue a Request for Proposals (RFP) for the facilities at the former Air Force Station at Mt. Umunhum (see report R-94-106). The objective was to determine if there was any serious interest on the part of any group or individual to use the buildings and facilities at Mt. Umunhum, given a clear understanding of their physical condition and the requirements the District would impose on any use in order to maintain consistency with District policies, procedures, and prior agreements. The RFP was published in late November. Press releases were issued, display ads were placed in major local papers, and some local press coverage was received about the potential for using the buildings. The RFP was mailed to the San Jose State University School of Business, the county and state departments of corrections, communications companies, and other organizations or agencies that had been interested in the site, or organizations staff thought might show an interest. A Board meeting and public workshop was held in Los Gatos on December 7, 1994 to present information about the site, review the RFP and respond to questions and comments. That meeting was noticed on Internet. The meeting was well-attended. Questions and comments were received from a number of individuals and groups, including the San Jose Astronomical Association, the Windy Hill Skyriders hang gliding group, and several communications companies. Bill Moore from the San Jose Water Company emphasized the serious constraints with regard to provision of water or sewage treatment at the site. On December 15 a site tour was held to give interested parties an opportunity to see the site; approximately twenty five persons from the same basic groups that attended the workshop toured the site. The published deadline for submittal of proposals responding to the RFP was March 3, 1995. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 . E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-43 Page 2 No proposals were received, nor was there any contact from potentially interested parties prior to the deadline. Interest has been expressed by two companies, a demolition contractor, and an auctioneer/broker for industrial equipment, in having a role in marketing the four large diesel generators that remain at the site. A letter was received from a communications company, C&C Equipment, indicating that they would like the District to pursue proposals specific to communications facilities without the use of any existing facilities. During the RFP process, it was emphasized that communications proposals that did not involve use of the buildings would be welcomed. The fact that no proposals were received for use of the buildings greatly clarifies the District's decision with regard to the future of the former Air Force buildings and facilities. Some local recreational groups have interest in using a very limited amount of building space some day, although they are in no position to help improve the structures for this purpose or to maintain them until the larger legal, operational, and safety issues are resolved to allow access to the site. There are several buildings identified in the previous assessment that the District may want to consider retaining for its own security, patrol, and maintenance purposes. With the above minor exceptions, staff concludes that no significant constraint exists to preclude a Board decision that the buildings should be demolished, except for the source of funding for the demolition and site restoration. Based on the results of the RFP process, staff proposes to continue with the following steps: 1. On an enterprise basis, staff will pursue arrangements with qualified firms to market the diesel generators. Staff will also continue focused efforts to research offers for communication leases. 2. Planning and operations staff will continue to coordinate with and encourage the U.S. Army Corps of Engineers on their project to clean up the toxic contamination of containers, tanks, and lines. The first phase of removal is currently being initiated, to continue over the next few months. 3. Planning staff will work with demolition and hazardous materials removal contractors to determine requirements and obtain cost estimates for asbestos abatement, building and infrastructure demolition, and site restoration. This research will include communication with Santa Clara County officials to investigate the requirements for on and off-site disposal of demolition materials. Research will include the potential for offsetting some demolition cost through the dismantling and sale of the prefabricated metal structures (tower and "Butler buildings"). An amount of up to $25,000 is included in the 1995 - 1996 budget as a "B" priority item to pay for consultant and/or contractor assistance to prepare these studies and estimates. Staff will return to the Board for specific authorization before any significant amount of funding(greater than$2500)is committed. 4. The scope and estimates for demolition and site restoration will be used to pursue federal R-95-43 Page 3 government grants or direct assistance for this work, and/or for a phased demolition/restoration program supported by the District. Planning staff will investigate opportunities for federal assistance through regular channels and will return to the Board for further discussion and decisions when the demolition cost and opportunities for assistance are understood. Political opportunities to encourage support for the demolition will also be pursued. 5. Plans for demolition and restoration should be an integral part of plans for the use and management of the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The Target Use &Management Plan Review Schedule shows a comprehensive use and management plan being completed for this area in the fourth quarter of 1997. If the need or opportunity for demolition requires amendment of this schedule or earlier preparation of a more limited amendment of the Use and Management Plan, planning staff will bring the issue back to the Board for consideration in the decision. 6. Under the California Environmental Quality Act (CEQA), this demolition/restoration project would require an initial environmental assessment to determine the potential significance of impacts. It is possible that a "mitigated negative declaration" would be sufficient to address CEQA concerns. This type of environmental document would specify the measures that would be taken to ensure that no environmental impacts would occur, such as traffic safety, erosion, dust control, and disposal of organic materials. Preparation and certification of such a CEQA document will be required before the Board makes a determination to proceed with the project. It is anticipated that Planning staff could prepare this document with some limited input or assistance from consultants. Prepared by: Randy Anderson, Planning Manager Contact person: Same Open Spac R-95-45 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA ITEM Santa Clara County Participation in the Acquisition of th artk ski Property as an addition to El Sereno Open Space Preserve GENERAL NAGER'S RECOMMENDA I 1. Adopt the attached resolution authorizing execution of the Agreement for purchase of real property with Santa Clara County. 2. Approve waiver of the condition precedent as contained in Section 5 of the Purchase Agreement-Bargain Sale as accepted by Resolution 95-06 adopted on February 22, 1995. 3. Reaffirm your tentative adoption of the Preliminary Use and Management Plan recommendations including naming the Bartkowski property an addition to the El Sereno Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space at this time, which supersedes your motion of February 22, 1995 in this regard. DISCUSSION At your meeting of February 22, 1995 you approved the acquisition of the 40-acre Bartkowski property (see report R-95-22). The terms of the Purchase Agreement-Bargain Sale, as discussed in that report, stated in part: "District staff has approached the Santa Clara County Park and Recreation Department and requested County financial participation in the acquisition. The purchase contract stipulates that the District may buy the property without County participation, but is not obligated to do so. If the County elects not to participate in the acquisition, the District may terminate the contract without penalty. In such an event, staff would return to you for a final determination on the status of the acquisition. Assuming County participation, it would still be necessary to return to you for approval of an agreement with the County to consummate the terms of the cooperative effort." After several discussions with Santa Clara County Park and Recreation Department staff and their discussions with the Parks Commission Acquisition Committee, the County has generously offered to contribute $50,000 toward this acquisition on a cooperative basis. The District would pay the balance of$187,500 in order to close this transaction at the bargain price of $237,500. In exchange for the County's participation, which would be memorialized by the attached Agreement for purchase of real property, the County would receive a Scenic and Open Space Easement over the entire 40-acre property, in essentially the same form as the Jacques Ridge cooperative acquisition. Also, the District would agree to dedicate the property as public open space. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd@netcom.com @f Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nanette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH SANTA CLARA COUNTY FOR PURCHASE OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE SCENIC AND OPEN SPACE EASEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE, LANDS OF BARTKOWSKI, ET AL) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve and authorize execution of the Agreement for the purchase of real property by and between the Midpeninsula Regional Open Space District and the County of Santa Clara, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute said Agreement on behalf of the District. Secfion Two. appropriate The President of the Board or other a riate officer is P authorized to execute the Scenic and Open Space Easement in favor of the County of Santa Clara as provided in said Agreement. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the County. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. I `�,\s J rti . __ n(," _ i' s + • ' • • r^'»\J—', • `r� f� .w ; _C V' 4r, I' 1 •. - t I I 4 • •• I' llb , .i>< l �..�� _\� \{• ••• LEGEND • 1 OPEN SPACE PRESERVE -f �}• �; , . OTHER PUBLIC LANDS VILLA MONTALV % - f• ARBORETUM • (� zT: L COUNTY OF ANTA S • STUART CAMP AREA \ �j : ° '. •' °: PROPOSED ACa ASITION 40 ACRES (BARTKOWSKI ET AL. r � • � 'I PROPERTY) ' . t SERENO ri x' OPEN SPACE PRESERVE ' COUNTY OF SANTA CLARA SANBORN SKYLINE COUNTY ', � CM♦ � a :::.•:• k.,, it r /' ✓':� _ a1 — h 1 n' I 8 1 - o' February 1995my, PROPOSED ADDITION OF BARTKOWSKI ET AL. PROPERTY TO EL SERENO OPEN SPACE PRESERVE pp � Scale: 1 " = 2,000' - 0" North AGREEMENT This is an Agreement between the COUNTY OF SANTA CLARA (COUNTY) and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) for the acquisition of property adjacent to COUNTY'S Sanborn Skyline Park and DISTRICT's E1 Sereno Open Space Preserve. RECITALS 1. The purpose of this Agreement is to provide funding for the purchase of the private Bartkowski/Voss property (Subject Property) , as shown on the attached Exhibit A, for parks and open space purposes. 2. The Subject Property falls between lands owned by COUNTY and DISTRICT and is available for purchase at a "bargain sale" price (below fair market value) . 3. The Subject Property has been identified by a joint County-District trail planning committee as a regional trail corridor. THEREFORE, IT IS AGREED AS FOLLOWS: 1. PROPERTY COUNTY and DISTRICT agree to join in the purchase of the Subject Property (APN 517-16-006) in accordance with the terms and conditions of the attached Purchase Agreement-Bargain Sale (Exhibit B) to provide park, recreation, scenic and open space lands and a regional trail corridor connecting COUNTY's Sanborn Skyline Park and DISTRICT's El Sereno Open Space Preserve. 2. ACQUISITION FUNDING COUNTY shall contribute Fifty Thousand Dollars ($50,000. 00) to the cost of acquiring the Subject Property; DISTRICT shall provide the balance of the purchase price. COUNTY will provide DISTRICT with COUNTY's share of the Subject Property's purchase price prior to the close of escrow, scheduled for on or before May 16, 1995. 3. ACQUISITION RESPONSIBILITY DISTRICT shall be responsible for all acquisition activities for the purchase of the Subject Property. Both COUNTY Parks and DISTRICT staff with special expertise shall be available at all times to support the acquisition. Staff time and overhead costs of both COUNTY and DISTRICT shall be provided at no cost to the other party. 4. TITLE Fee title to the Subject Property shall be held by DISTRICT. Title shall be subject to existing easements, acceptable encumbrances and other clouds on title as shown on the policies of title insurance. DISTRICT shall receive a Policy of Title insurance on the ,Subject Property being acquired. At close of escrow for the Subject Property, DISTRICT shall convey to COUNTY a recordable Scenic and Open Space Use Easement, in the form attached as Exhibit C, over the Subject Property. 5. DEDICATION DISTRICT shall dedicate its interests and/or rights in the Subject Property according to Section 5540 of the California Public Resources Code. 6. HOLD HARMLESS COUNTY shall defend, hold harmless and indemnify DISTRICT, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise from the provisions of this Agreement and which result from negligent acts and/or omissions of COUNTY, its officers, agents and/or employees. DISTRICT shall defend, hold harmless and indemnify COUNTY, its officers, agents and/or employees from any and all claims for injuries to persons or damage to property which arise from the provisions of this Agreement and which result from negligent acts and/or omissions of DISTRICT, its officers, agents and/or employees. In the event of concurrent negligence of COUNTY, its officers, agents and/or employees and of DISTRICT, its officers, agents and/or employees, liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Comparative Negligence" currently in effect or as modified. i r This Agreement shall take effect on the latest date shown below: COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Michael Honda Pete Siemens Chairperson President Board of Supervisors Board of Directors Date: Date: Attest: Attest: I Phyllis A. Perez, Clerk Jean Fiddes, District Clerk Board of Supervisors Form and legality approved: Form and legality approved: Kathryn A. Berry Susan Schectman Deputy County Counsel District Counsel ' .> �.. �: ••• - LEGEND s •" L' y �� y- a • o , :`.+` J �' - OPEN SPACE PRESERVE l • I OTHER PUBLIC LANDS VILLA MD - `J ARBORETUM an / 17 ��_� �' l ��n �� � � '., � \' psi v�,� � I �� '• � �-- I!���% n (}� 6 (!' . COUNTY STUART CAMP AREA � � '�� � • ' ;/ ,��,�,��� _ , '-/ PROPOSED ACQUISITION �, •. � ', 40 ACRES /f "`; _ (BARTKOWSKI ET AL. \�� � �1 ;,; PROPERTY) �� �.:��.,• � :I' ' rF 7J 5 O i �'i( `:""`"^�.� `•f`" � gT �k '`fir EL SERENO OPEN SPACE PRESERVWX ';�''t.^::_..:.,''< :g:.• :::.�:is::r:; � +�'•y,• i. COUNTY OF SANTA CLARA SANBORN SKYLINE COUNTY PAR _. � ♦. F •' y ( — 1 I Al n / w �• ,'w'. •%:`�:;; o 1, ,`�� ..#r„�"� � tir � _ r � Q SS \� 'R. ^•thy' �" ,r �, `" �_'• > ..>::. •ti.:.' <- '� ._ . 23714 . N lCe�ta -� • .February 995, r .. G Page of PROPOSED ADDITION OF BARTKOWSKI ET AL. PROPERTY TO EL SERENO OPEN SPACE PRESERVE pr-lq Al Scale: 1 " = 2,000' - 0" North PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between by and between CLARK R. BARTKOWSKI and JEAN P. BARTKOWSKI, Trustees of the Bartkowski Family Trust dated August 25, 1994, and RICHARD VOSS and DENISE VOSS, husband and wife, hereinafter collectively called "Seller" and the ?VfIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." NVITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, in conjunction with the County of Santa Clara ("County"), District proposes to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey said property to District, at a price below fair market value, and upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa, State of California, containing approximately 40 acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 517-16- 006; said property being further described as ParcelsTwo and Three in Preliminary Title Report Number 205746, dated March 16, 1994, from Valley Title Company, said title report attached hereto as Exhibit "A" and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property." 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Hundred Thirty-Seven Thousand Five Hundred Dollars ($237,500.00), which shall be paid in cash at the Closing (as defined in Section 3 hereof). EXHIBIT__7� 1 Page of ....... AL 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Valley Title Company, 300 South First Street, San Jose, CA 95113, telephone number (408) 292-7150, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be as soon as possible after execution of an Agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis, but in no case later than May 16, 1995, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. Seller acknowledges that District may acquire the Subject Property on a joint basis with the County of Santa Clara as set forth in Section 5 herein. At District's sole discretion, and at no cost to Seller, District may instruct Seller to prepare Grant deed(s) granting a portion or all of the Subject Property to District and/or a portion or all of the Subject Property to the County as described in Section 5. (d) District and/or County shall deposit into the escrow, on or before the Closing: (i) The required Certificate(s) of Acceptance for the Grant Deed(s), duly executed by District and/or County and to be dated as of the Closing. (ii) The Purchase Price in the amount of Two Hundred Thirty- Seven Thousand Five Hundred and No/100 Dollars ($237,500.00). EXHIBIT 2 Page '2,► of J� (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f} Seller shall cause Valley Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $237,500.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) title exceptions 1, 2, 3, 5, 6, and 11 shown in Exhibit A; (iii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole, absolute and unfettered discretion; (iv) the standard printed exceptions of the title company selected for this transaction; and (v) District acknowledges that title insurance will not be issued for Parcel 3 of the property (easement). District is aware that Seller has not undertaken a survey of the property, and District is responsible for a survey if District desires to determine the precise property line locations. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed(s) and attendant Certificate(s) of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Conditions Precedent. (a) Seller understands that District proposes to complete purchase of the Subject Pr operty er tyon a joint ba sis with the Coun ty of Santa 3 EXI.41 R. 15- 1 Page of Clara; and further, Seller agrees that District acquisition of the Subject Property shall be contingent, at District's option, upon approval of an Agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis. Accordingly, District's obligation to consummate the purchase of the Subject Property is subject to the written approval by the Board of Supervisors of Santa Clara County no later than 11:59 p.m. on March 15, 1995 of an agreement or resolution to acquire the Subject Property on a joint basis with the District upon terms and conditions acceptable to the District, in its sole discretion. (b) If the condition set forth in this Section 5(a) fails to occur, District shall have the option, but not the obligation, of waiving the condition by delivering to Seller and Escrow Agent by April 16, 1995 written notice of such waiver. Absent such notice, this Agreement shall terminate and neither party to this Agreement shall have further obligation hereunder to the other and the Escrow Agent shall return to each party any funds or documents delivered to Escrow Holder by such party. (c) District understands that Seller's willingness to sell the Property at the price and on the terms and conditions contained herein is contingent upon a legal and accounting review to be prepared for Seller by parties of Seller's choice and at Seller's cost. When the Santa Clara County Park and Recreation Department Acquisition Committee has formally recommended approval of the acquisition of the Property on a joint basis with the District, District shall so notify Seller in writing. Seller shall then have a period of fifteen days (15) after the date of said notification by District to complete any legal or accounting review they wish to conduct. Seller shall then have the option to terminate this Agreement, by delivering to District within that fifteen day period written notice that Seller has elected to terminate this Agreement pursuant to this section. Termination shall be handled in accordance with Section 4 herein. 6. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 7. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties which shall survive close of escrow, each of which is material and is being relied upon by District: 7.01 Authority. Seller has the full right, power and authority to enter 4 EXHIBIT Paso of into this Agreement and to perform the transactions contemplated hereunder. 7.02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 7.03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. District acknowledges that title insurance will not be issued for Parcel 3 of the property (easement). 8. Integri!y of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 9. Hazardous Substances. "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs), benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that: (i) During Seller's ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (iii) Seller has not received oral or written notice from any government authority concerning the presence, release, deposit, or removal of any hazardous substance on the Property. EXHIBIT b 5 page 4KOf (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller's ownership and operation of the Property. 10. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17), Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections, and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted from Seller thereunder. 11. Miscellaneous Provisions. 11.01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 11.02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 11.03 Amendment and Waiver. The parties hereto may by mutual written ag reement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party EXHIBIT $-*bN=N" 6 Page ___ C_► of. of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 11.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 11.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Clark R. and jean P. Bartkowski Richard and Denise Voss c/o Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 (408) 253-2512 FAX: (408) 257-4614 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (415) 691-1200 FAX: (415) 691-0485 Copy To: Susan Schectman, Esq. District Counsel If sent by telegraph, cable, telecopy and other facsimile transmission, a confirmed copy of such notice shall be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Any party may change its address for such EXHIBIT B 7 Page --9:—Of communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 11.06 Severabili!Y. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 11.07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 11.08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 11.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 11.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 11.11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 11.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. EXHIBIT WON" 8 pale40.90F of 'OA --& 11.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 11.14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 11.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 11.16 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 11.17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 12. Acceptance and Execution. Provided that this Agreement is signed by Seller and returned to District on or before 5:00 p.m., December 16, 1994, District shall have until midnight January 31, 1995, to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close in accordance with the terms and conditions set forth herein. 9 EXHIBIT ]?age Of f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to P g be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. NIIDPENINSULA REGIONAL OPEN SELLER SPACE DISTRICT APPROVED AS TO FORM: Clark R. Bartkowski, rustee Susan Schectman, istrict Counsel Date: 1 4- RECOMMENDED FOR APPROVAL: can P. artkowski, Trustee L. Craig Britton Date: General Manager APPROVED AND ACCEPTED: Richard Voss resident, Board of Directors Date: lad ATTEST. Denise Voss trict Clerk G Date: 1a-afb-9�1 Date. to EXHIBIT Page / 0 of 11 uoU!Jq 41PID.I:JaYeuc'WIVJaua7 70 !�app'l��moi7 As1ag'oluvF{anau N'11!ggrg Auu!'�'nnF'ysuaLI euea.I 'u!gq!y:)W 1'1(0N'suauia!$alai{:voJ,�a�K1ln pn'r�fl "jjA :XVJ - OOZ 1-169-S lb :auoyd bOb I.-ZZOb6 e!uao}ileD 'SOIIV Sol - alaa!J laas!a O££ SSOA asTuaQ �1-,)_ .agpQ SSOA papLZoTg �? 10 �7^ aagsnay 'TxsMoxg.zpg •d upa� •L aagsn.zy sMoxg.zpg •g x.zeT� qupgTnsuoo AgjadoJd Tpag aopN Axong '�CTa.zaO'uTS JOaJaug ZT UOTg09S UT 966T 'T 8 A.apnupr .Tog 566T 18 A-Tenagad agngTgsqns oq OTUS uTPLTPq - quauzaaibV aspgo-Tnd goaCgns puamp TTTM JaggaT STyq 'SSOA asTuaQ pup SSOA p.zpgoT-d pup 'saagsnj'L 'TNsMO4JP9 •d upar pup TNSMOxg.zpg •g NJPTo Aq paubTS uayM :uuor Apea aTPS uTpbaPq - quamaajbV aspgojnd :ag VTOS6 V3 'ouT4jadno ppog UOAUPO SuanagS OOTZT Ajjpnb xaajo SuanagS TxsTox •S ugof V66T '08 jaquzaoaQ LANISIa 3JVdS N3dO 1VN019311 Vl(1SNIN3ddIW r jedS uadp Open Spare MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 1, 1995 John E. Kolski Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 Re: Purchase Agreement - Bargain Sale Santa Clara County APN: 517-16-006 Dear John: When signed by Clark R. Bartkowski and Jean P. Bartowski, Trustees, and Richard Voss and Denise Voss, this letter will amend subject Purchase Agreement - Bargain Sale to substitute February 22 , 1995 for February 8, 1995 in Section 12 thereof. Sincerely, cc y M�ce Real Property Consultant Date: :2.4 C Clark R. Bartkowski rustee Date. S! Jean P. Bartkowski, Trustee Date: Richard Voss Date: Q-Q S V LA-L- Denise Voss 330 Distel Circle Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 • E-mail: m s(l netcy com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Bahhitt,Nonette Flanko,Betsy Crowder,rJag / 0 Gener,d Managvt:L.Craig Britian `� . VALLEY TITLE COMPANYy �t PRELIMINARY REPORT `�-300 South First Street-San Jose,95113(408)292-7150 -2160 South Bascom Avenue,Ste.3-Campbell,95008(408)371-7891 -605 Castro Street-Mountain View,94040(415)968-4427 - 10625 South Cle Anza Boulevard-Cupertino,95014 (408)253-7630 -2354 Alum Rock Avenue-San Jose,95116(408)251-8500 ESCROW NO. 205746 (PB) Dated as of March 16 , 1994 at 7:30 a.m. In the event of cancellation,a minimum charge of$200.00 will be made. If the escrow has not closed within 90 days from the date hereof,cancellation will be effected uniessother provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue orcause to be issued,as of the date hereof,a Policy or Policies Title f Insurance o t e I su once describing the land and the estate or Interest therein hereinafterset forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.Copies of the Policy forms should be read.They are available from the office which issued this report. THIS REPORT(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF POLICY OFTITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OFA POLICYOFTITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: standard Extended Coverage Coverage 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy F77 0 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 5. Other ) VTC.2ta/Rov 7191) 1`'T./rtcr XcBI�' Page�1O of 03-16-94 205746 page 1 SCHEDULE A 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee, as to Parcels One, Two, Four and Five; An Easement , as to Parcels Three, Six and Seven 2 . TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CLARK R. BARTKOWSKI and JEAN BARTKOWSKI, husband and wife, as community property, as to an undivided 50% interest; and RICHARD VOSS and DENISE VOSS, husband and wife, as community property, as to an undivided 50% interest 3 . THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS: (Cont 'd on next page) EXHIBIT Page EXHiBIT Page of 205746 page 2 PARCEL ONE: A portion of the Southwest 1/4 of the Southwest 1/4 of Section 13, Township 8 South, Range 2 West, M .D.B . & M. , described as follows : BEGINNING in the center line of Bohlman Road at the South line of said Section 13; thence from said point of beginning along said center line, the following courses and distances : N. 13 deg. 071 31 " W. 60 .16 feet; thence on a tangent curve to the left with a radius of 390 feet, through a central angle of 15 deg. 131 32" , for a distance of 103 . 66 feet; thence N . 28 deg . 21 ' 03" W. 12 .72 feet; thence on a tangent curve to the right with a radius of 90 feet, through a central angle of 44 deg . 151 550 , for a distance of 69 .53 feet; thence N. 15 deg . 541 52" E . 3 .19 feet; thence on a tangent curve to the right with a radius of 240 feet, through a central angle of 23 deg . 041 43" , for a distance of 96 .67 feet; thence N. 38 deg . 59 ' 350 E . 56 . 59 feet ; thence on a tangent curve to the right with a radius of 270 feet, through a central angle of 16 deg . 43 ' 17m , for a distance of 78 . 80 feet ; thence N. 55 deg. 42 ' 52" E . 58 . 35 feet; thence on a tangent curve to the left with a radius of 75 feet, through a central angle of 56 deg . 051 53n , for a distance of 73 .43 feet; thence N . 00 deg . 23 ' Olu W. 117 . 60 feet; thence on a curve to the right with a radius of 100 feet, through a central angle of 47 deg . 281 23" , for a distance of 82 .85 feet; N . 47 deg . 051 22" E . 63 .50 feet; thence on a tangent curve to the left with a radius of 60 feet, through a central angle of 60 deg . 371 040 , for a distance of 63 .48 feet; thence N . 13 deg . 311 42" W. 7 .13 feet; thence on a tangent curve to the left with a radius of 240 feet, through a central angle of 21 deg . 24 ' , for a distance of 89 .64 feet; thence N. 34 deg. 551 42" W. 134 . 89 feet; thence on a tangent curve to the right with a radius of 75 feet, through a central angle of 51 deg. 111 160 , for a distance of 67 feet; thence N. 16 deg. 151 34" E . 2 . 69 feet; thence on a curve to the right with a radius of 90 feet, through a central angle of 45 deg. 541 59" , for a distance of 72 .13 feet; thence N . 62 deg . 101 33' E . 327 .47 feet; thence on a tangent curve to the left with a radius of 80 feet to the South line of the parcel of land described in the Deed to Frank Smith, recorded December 30 , 1910 in Book 359 of Deeds, page 637; thence along said line and along the South line of the parcel of land described in the Deed to Frederick Ruhlmann, recorded December 1 , 1888 in Book 113 of Deeds, page 7.7, Easterly to the East line of the Southwest 1/4 of the Southwest 1/4 of *said Section 13; thence Southerly along said line to the South line of said Section 13; thence Westerly along said line to the point of beginning . (Cont ' d on next page) EXHIMT—A, Pagejs Of '10 EXHIBIT A Page�of 205746 page 3 EXCEPTING THEREFROM: An undivided 1/2 interest in all mineral rights and oil , gas and petroleum rights in and to and appurtenant to said real property and under the same, together with necessary easements for exploration and development of such rights ; such exploration, development and use of said rights and easements shall not unreasonably interfere with the enjoyment of the surface rights of said property by grantee or his successors and may only be so exercised or used by Grantor or his successors jointly with Grantee or his successors, as excepted and reserved in the Deed from victor A. Chargin recorded January 18 , 1957 in Book 3710 of official Records , page 47 . PARCEL TWO: The Southeast one-quarter of the Southwest one-quarter of Section 13 , Township 8 South , Range 2 West, Mount Diablo Base and Meridian, according to the United States Government Survey thereof . (WE NOTE, BUT A POLICY OF TITLE INSURANCE WILL NOT INSURE: ) PARCEL THREE: A right of way 40 feet wide for a roadway, pipe line and pole line through the Southeast one-quart'er of Section 13, Township 8 South, Range 2 West , Mount Diablo Base and Meridian and Lot 34 of the Glen Una Ranch Map NO . 2 , as recorded in the office of the Recorder of the County of Santa Clara, State of California in Book F of Maps , pages 53 and 54 ; together with a right of way over a 20 foot right of way through the General Morton Property, as reserved and further described in the Deed and Agreement dated March 4 , 1915 between G. W. Hume Company, a corporation, part of the first part, and Una H. H. Cool (formerly known as Una H. flume ) and Dorothy Hume, parties of the second part, and recorded June 15, 1915 in Book 431 of Deeds , page 199 , Santa Clara County Records ; or a right of way 40 feet wide to run in a Northeasterly direction to the San Tomas Aquino Creek and to follow the meanderings of said Creek to its intersection with Canon Road, or a right of way 40 feet wide through the Southeast quarter of Section 13, to and across Lot 34 of Glen Una Ranch map No . 2 , to connection with Glen Una Drive or its (Cont ' d on next page ) EXHIBIT Page f6 of EXHIBIT A Page f 205746 page 4 extension, as shown on said Map No . 2 of Glen Una Ranch . The location of the right of way to be determined by feasibility; all as granted by if. B . Finch Shaw, formerly E . B . Finch and Erle J. Shaw, her husband, to J . B . Clayton, by Deed dated December 23 , 1926 and recorded January 3, 1927 in Book 293 of Official Records , page 86, Santa Clara County Records . PARCEL FOUR: BEGINNING at a point distant N . 630 48 ' W. , 441 .40 feet from an iron bolt set flush at the Southeasterly corner of Lot 34 of Glen Una Ranch Map No . 2 , as shown upon the Map thereof hereinafter referred to, and from which point of beginning a two inch pipe set at one of the angle points in the Southerly line of said Lot 34 bears S . 50 33 ' W. , 41 .50 feet; and running thence from said point of beginning N . 250 04 ' W. , / 33 .04 feet to an iron pipe "A" ; thence at right angles Easterly N . 640 56 ' E . 60 .00 feet to an iron pipe "B" ; thence at right angles Southerly S . 250 04 ' E . , 34 .00 feet to an iron pipe "C" ; thence S. 210 00 ' W. 42 .54 feet; thence at right angles Westerly along a line parallel with the Southerly line of said Lot 34 , N. 690 00 ' W. 42 .31 feet to the point of beginning , and being a portion of Lot 34 , as laid down, designated and delineated upon that certain Map entitled, "Map No . 2 of the W.S . Clayton, J.R. Chace, E . Shillingsburg and J.P . Dorrance Subdivision of part of the Glen Una Ranch in Sections 7 , 13 and 18 , T. 8 S . R. 1 W. & 2 W . , M.D .B & M. , Map No. 2 being in Sections 7 & 18, T. 8 S.R. 1 W. , and Sections 13 T. 8 S .R. 2 W. , M.-D .M. " and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 9 , 1921 in Book "P" of Maps , at pages 53 and 54 . PARCEL FIVE: BEGINNING at a harrow tooth set four inches below the surface of the ground in the center line of West Canyon Road (40 feet wide) at the Southwesterly corner of that certain 1 .18 acre tract of land conveyed by Montgomery W. Hawks, et ux, to Patrick Hallisy, et ux, by Deed dated June 19 , 1945 and recorded June 22, 1945 in Book 1265 of Official Records, page 317 , Santa Clara County Records, and from which point of beginning a 2 " x 3" witness stake bears East 11 .24 feet , said point of beginning being also one of the corners in the Southeasterly line of that certain 10 . 34 acre tract of land conveyed by Montgomery W. Hawks, et ux, to J. Walter Crider , et ux , by Deed dated July 26 , 1945 and recorded August 2 , 1945 in Book 1274 of Official Records , page 457, Santa Clara County (Cont' d on next page) EXHIBIT Page Of EXHIBIT A Page of 205746 page 5 Records ; running thence from said point of beginning along the Southeasterly line of said 10 .34 acre tract of land, S . 710 06 ' W . , 51 .00 feet to an iron pipe standing at the Northernmost corner of that certain 0 .0668 of an acre tract of land described as an exception in the Deed from James A. Clayton & Company, as Trustee, to Montgomery W. Hawks , et ux , dated August 8 , 1944 and recorded August 16, 1944 in Book 1211 of Official Records , page 237 , Santa Clara County Records; thence Southerly along the Easterly line of said 0 .0668 of an acre tract of land the two following courses and distances: S. 25 ° 04 ' E . , 34 .00 feet to an iron pipe and S . 210 00 ' W. , 42 .54 feet to an iron pipe standing at the Southernmost corner of said 0 .0668 of an acre tract of land; thence leaving said 0 .0668 of an acre tract of land and running Southeasterly along the prolongation Southeasterly of the Southwesterly line thereof, S . 69 ° 00 ' E . ,57 .89 feet to a harrow tooth set in said center line of said West Canyon Drive; and thence Northerly along said center line of said West Canyon Drive and two following courses and distances: N . 120 48 ' W. , 34 .00 feet to a harrow tooth and N . 10 57 ' E . , 74 . 52 feet to the point of beginning, and being a portion of Lot 34 , as laid down, designated and delineated upon that certain Map entitled, , "Map No . 2 of the W.S . Clayton, J.R. Chace, E . Shillingsburg and J .P . Dorrance Subdivision of part of the Glen Una Ranch in Sections 7 , 13 and 18, T. 8 S . R. 1 W. & 2 W. M.D.M. , Map No 2 being in Sections 7 & 18, T. 8 S . R. 1 W . , and Section 13, T. 8 S.R. W. M.D .M. , and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 9 , 1921 in Book "P" of Maps , at pages 53 and 54 . PARCEL SIX: A right of way over West Canyon Drive (40 feet wide) the center line of which is described as follows : Beginning at an iron pipe set flush in the center line of Canon Drive distant thereon N. 100 16 ' E . , 20 . 36 feet from a bolt set flush at the Southeasterly corner of the above mentioned Lot 34; running thence from said point of beginning Northwesterly and parallel with and distant 20 .00 feet measured at right angles Northeasterly from the Southwesterly line of said Lot 34 , N . 690 00" W. , 296 .45 feet to a harrow tooth set four inches below the surface of the ground; thence leaving said parallel line and running N. 410 52 ' W. , 43 . 85 feet to a harrow tooth; N . 120 48 ' W. , 34 .00 feet to a harrow tooth and N . 10 57 ' E . , 74 .52 feet to a harrow tooth set at the Northernmost corner of the above described 0 .0852 of an acre tract of land . (Cont ' d on next page) EXHIBIT Page of i EXHIBIT Page of� 205746 page 6 PARCEL SEVEN: The free and unobstructed right of ingress and egress over , along and upon said strip of land known as West Canyon Drive for the purposes of repairing, replacing and maintaining the water pipe lines located within the boundaries thereof . EXIIISIT page of 31 EXH IS IT Pa-'e- .d -L-:Of't'dC 205746 page 77 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows : 1 . Taxes for the fiscal year 1994-1995 a lien, but not yet due or payable . 2 . The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3 .5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975 . 3 . Reservations contained in Patent from The United States of America to Charles B . wood, recorded September 23 , 1879 in Book C of Patents , page 166 , as follows: "Subject to any vested and accrued water rights for mining, agricultural , manufacturing, or other purposes, and rights to ditches and reservoirs, used in connection with such water rights , as may be recognized and acknowledged by the local customs , laws, and decisions of court, and also subject to the rights of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law. " 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of Santa Clara (No representation is made as to the present ownership of said easement) Purpose: road purposes Recorded: November 14 , 1884 Book 76 , Page 172 of Deeds . Affects : that portion of the premises contained within the bounds of Bohlman Road, 60. feet wide . (Affects Parcel one) (Cont ' d on next page) EXHIBIT Page 030—OWT"10, EXHIMT A - Page of_ --Mom 205746 page 8 5 . An easement affecting a portion of said land and for the purpose stated herein and incidental purposes . The exact location of which cannot be ascertained of record . In favor of : J . B . Clayton For : roadway, pipeline and pole line, 40 feet wide Recorded: January 3, 1927 Book 293 , page 86 of official Records . (Affects Parcel Two) 6 . Possible underground water pipe lines as disclosed by that certain Deed to J .B . Clayton recorded on June 24, 1919 in Book 487 of Deeds, page 592 . The location is not disclosed of record . 7 . An easement for the purpose shown below and rights incidental thereto as reserved in a document . In favor of : James A . Clayton & Company Trustee (No representation is made as to the present ownership of said easement) Purpose : water pipe line Recorded: August 16, 1944 Book 1211 , Page 237, of official Records . Affects: Parcel Five S . Covenants , conditions and restrictions , with no express words of forfeiture, (deleting therefrom any restrictions based on race, color or creed ) , as set forth in the document Recorded: November 2, 1944 Book 1230, Page 83, of official Records . (Affects Parcels Four and Five) Reference is made to said document for full particulars . Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value . (Cont'd on next page) EXHIMT-5 Page brAO f EX 13!7` Page„L'C--.of / 2 205746 page 9 9 . An easement for the purpose shown below and rights incidental thereto as reserved in a document. In favor of: Montgomery W. Hawks , et ux (No representation is made as to the present ownership of said easement ) Purpose : ingress and egress Recorded: May 22, 1946 Book 1339 , Page 587 , of Official Records . Affects: Easterly 20 feet of Parcel Four 10 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of Santa Clara (No representation is made as to the present ownership of said easement) Purpose: street and road purposes Recorded: May 3 , 1962 Book 5561 , Page 39 , of Official Records . Affects: that portion of the premises contained within the bounds of Bohlman Road, 60 feet wide (Affects Parcel One ) 11 . Any facts , rights , interests or claims which a correct survey would show. END OF SCHEDULE B NOTE 1 : Taxes for the fiscal year 1993-1994 have been paid . Assessor 's Parcel No. 517-16-006 . Code 60-000 . First Installment $211 .81 . Second Installment $211 .81 . Assessor ' s Parcel No . 517-16-018 . Code 60-000 . First Installment $189 .58 . Second Installment $189 .58 . Assessor 's Parcel No. 517-23-012 . Code 60-026 . First Installment $6 .82 . Second Installment $6 .82 . NOTE 2 : Notice is hereby given that Indorsement Number 126 .1 will not be attached to any policy issued pursuant to this report . (Cont ' d on next page) EXHISIT-8 page 'X 3,of EXHIBIT A Page AfOT-EUK" 205746 page 10 NOTE 3: If this company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts . The mandatory hold period for cashier ' s checks , certified checks and teller ' s checks is one business day after the day deposited . Other checks require a hold period from three to seven business days after the day deposited . NOTE 4 : If a 1970 ALTA Owner 's or Lender 's or 1975 ALTA Leasehold Owner 's or Lender 's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors ' rights laws, that is based on: ( i ) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer ; or ( ii ) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or ( iii ) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer ; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . Owner 's Policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors ' rights laws , that is based on: ( i ) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer ; or (Cont 'd on next page) EXHISIT Page IX0f .. EXf�ff�fT Page 1 , of J4.� 205746 page 11 ( ii ) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer ; or j (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . NOTE 5 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows : Grantor: Carl E. Story, an unmarried man Grantee: Clark R. Bartkowski and Jean Bartkowski, husband and wife, as community property, as to an undivided 50% interest and Richard Voss and Denise Voss, husband and wife, as community property, as to an undivided 50% interest Recorded: February 9 , 1994 Book N292, page 1344 of Official Records . (Last insured date: February 9 , 1994 ) EXHIS YOODfralf Page AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land:(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power net excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless rctice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,later or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage In a Standard Coverage policy will also Include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceeding-S,whether or not shown by the records of such agency or by the public records, 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims:(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a).(b)or(c)are shown by the public records. EXHIBIT b Z Page O - s PagQ 14-�of LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests orclaims which are not shown by the public records but which could be ascertained by an inspection of the lane or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. Reorder Form No. 12599 (Rev. 2193) EXHIBIT Pall t1 11)(111BIT A Page '„r� of ' AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B.you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions. you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If,in addition to a single family residence,your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. EXHIBIT Page of-- l_... P a AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 9e=`Of and i AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation(including but not limited to building and zoning laws, ordinances,or regulations) restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or!ocation of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; c) resulting in no loss or damage to the insured claimant: (d) attaching or created subs,_quent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. of shown wn 2. Any facts,rights,interests or claims which are n h b public records but which could be ascertained by an inspection of the land or by making y the inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. EXHIBIT Page��0f� OFFICE OF COUNTY'ASSESSOR---SANTA CLARA COUNTYaCALIFORNIA 51? 16 PAGE 3S.. TOWNSHIP 8 SOUTH-RANGE 2 WEST SCALE I"=100' _L Ir.lss[�2s. I1�I 25 26 Y z7f400 25 4 jonn,35 P." ' M. 497-M-26 __ (ass) ____—_— _��_ __ __--_—r_____ � _ li.T i��.q � MI2. �� FCL 1 L73 I 60AC D4.DlAL NET. 3L66EAC. 10AC �40AC. ~ 87.70 AC. GR.• I -/KOo- 1 ISI.D7AC. _ 892�• _V r- Hp? SOL#&" No. i 22 ,ti c►P NS 4 p I � Y BOHLMAN COUNTY OF SANTA CLARA I ..a. �I .. . 2_5 33 I I I S A N TA .0 L A R A COUNTY I I III ros n.A sl � - I 24 uu Y 9Q �J WB _$ 19I AOAC. I _ o I 9.80 AC.NET II 115AC SAC. N.Qd19// SIO II.-ICAR0.J. KEMP /6 I In 112.50% SANTA CLARA CO. :I"A21GT � I 1-7 ... M SANTA CLARA CO, yy� � i F, 00' 87.50% 30.09 AC. © 23 L24 1 asin I7 Il /SS/C25 aos.Ica•M•.4 Z4 19/•263575 17 1rh m V X ri _ 2 RYANCE T. SEC S2� � - I OOYPIL£D IN COIIfC TAXATION LODE'._ aF THE PEVENUL'-O l �� �FEyirvE;yTE.YARDI I,.1993 ALFREDE:CARLSON ASSESSOR -- -- OFFICE- OF-COUNTY;-ASSESSOR - —'-SANTA GLARA "COUNTYI" CALIFORNIA �!, BOON TWP 8s-R2w PAGEC... 1�3 9 4 517 23 I GLEN UNA RANCH MAP N= 2 _ �� I 111 2001 P..M.625•M-40 ROS.62217 j R.O.S.93/32 R.O.S. /OQ lm � 43,•. r 487129 (2791 AC PER P.M. . J0D M 296 AC 625-#F •}' IOJA.. a R 1 W Aar; i 29 y e 270 1.05 AC Nel 79CAC _; 38 • 4` 20 25 s ss od~L�r�sse P • ;o� w0: NY:.as.N'' �> > r.. PCL. 1 P4 ------ s ` CANON }" O 192 AC .�l L L.9 -r1J90• >' uo7AC°�+"� `, 26 s♦ �ra�ti. HILL R0._ L57AC �� RED �` r'v s1kN� b 1C' 26 O s19" k /8 j',� LBOAC, ' 4 :A 9 y 1.04 A- Ln p rr� Lr• _'yo dc,= ) f\� ✓\ 1 -,�♦o�?-. ,,;a i. t� J�yL �1�� ra /7 f`%q ys w _satl- i -rN gib• \� 0 2• a� �n { o (L667 Ad L06AC a q � �`• 7• IJ ,w, ° ,-,/ 14.515 AC. TOTAL ♦ •� I - 4, 15 ' 1.12 AC•NET k 23 3, .�. • ,1 � 3y, 27 weal PCL.1 z d ja:+arm r 1 1.03 A.. 2.142 Ac GR.^_.r � �V� �. qr,♦ � (252 AC) pps 2C01 Ac NEr , ii• I PCL.2 IPTN PCL I. PTN PCL. I �.tjo M^ - � T Yri 3r,. 5.17 AC. I 2.22 AC. (1 O.90 AC.GR.) s' a, ��, (10.14AC) L11 A[ ml I 8.68AC.GR. a I W tiro° 6 O 36 o I e 37 10.772AC � � ZC � 0. 35 °j e;t' 6 30 �� 34 l g� ^ +♦ I C ti •y0{ . I' tin 0 425.79 I no 56L 63 _..�I mz:• h�� rzs_a.6s ��._.y,w.coa.1OT �h P. M. 473-M-24 EXHIBIT Page E � o w t�i O w F w w a, x a� VALLEY TITLE COMPANY 300 SOUTH FIRST STREET, SAN JOSE 292-7150 FAX 971-7133 ALUM ROCK BRANCH CUPERTINO BRANCH 2354 ALUM ROCK AVE. 10625 SOUTH DE ANZA BLVD. SAN JOSE, CA 95116 CUPERTINO,CA 95014 PHONE 251-8500 PHONE 253-7630 FAX 251-6763 FAX 253-8530 PRUNEYARD BRANCH MOUNTAIN VIEW BRANCH 2160 SOUTH BASCOM AVE., STE.3 605 CASTRO STREET CAMPBELL, CA 95008 MT. VIEW,CA 94041 PHONE 408-371-7891 PHONE 415-968-4427 FAX 408-371-4638 FAX 415-968-1316 Locally Owned and Operated EXHIBIT PROMPT, EFFICIENT,AND COURTEOUS TITLE AND ESCROW SERVIC a9 , VTC 212(REV.7.93) When recorded, return to County of Santa Clara Parks & Recreation Department 298 Garden Hill Drive Los Gatos, CA 95030 Park: Sanborn Skyline SCENIC AND OPEN SPACE EASEMENT Project: Bartkowski-Voss/MROSD APN: 517-16-006 Recitals A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) and the COUNTY OF SANTA CLARA, acting through its Parks and Recreation Department, (COUNTY) have entered into an agreement (Agreement) to provide for the joint acquisition of property commonly known as Bartkowski/Voss (Property) described in the attached Exhibit I. B. Both DISTRICT and COUNTY wish to keep the Property part of the parks, recreation, ecological and aesthetic resources of the midpeninsula area. THEREFORE, DISTRICT grants to COUNTY an easement upon, on, over, under and across the Property for public parks and recreation purposes as follows: 1. DISTRICT MANAGEMENT AND REVIEW DISTRICT shall manage and maintain the Property for open space, wilderness, agricultural, watershed, scenic, low intensity recreation or similar purposes (Permitted Uses) according to the DISTRICT's Basic Policy adopted by DISTRICT's Board of Directors March 27, 1974, as follows: "The DISTRICT will follow a land management policy that provides proper care of open space land, [encouraging] public access appropriate to the nature of the land and consistent with ecological values." COUNTY shall have the right of design review and comment privileges with respect to all open space and low intensity recreation development projects proposed for the EXHIBIT Page Scenic and Open Space Easement Page 2 Property prior to final approval by DISTRICT. COUNTY shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by DISTRICT. DISTRICT, for the purpose of this Easement, shall consider but shall be free to accept or reject the recommendations or suggestions of COUNTY as to how DISTRICT should plan, design and develop open space and low intensity recreation facilities. However, nothing herein shall limit the rights of any governmental agencies having jurisdiction over the Property as provided by law, ordinance or other source. 2. PERMITTED USES The permitted open space and low intensity recreation uses allowed under this Easement include, but are not limited, to the following: a. Pedestrian, equestrian riding and mountain bicycle trails b. Casual public picnicking C. Public sanitary facilities d. Nature study and environmental education e. Photography L Public drinking water facilities 9. Sanitary facilities h. Kite flying 1. Scenery painting j. Wildlife observation k. Compatible agricultural uses 1. Meditating M. Public parking areas n. Primitive campsites (backpack camping) 0. Other uses DISTRICT determines to be low intensity recreation uses DISTRICT shall plan, design and develop such facilities that are reasonably necessary for public use and enjoyment of the Property for open space and low intensity recreation uses. 3. PROHIBITED USES DISTRICT shall enact and enforce ordinances or policies that will prohibit any use or development of the Property which would significantly change or compromise scenic or natural values, except for Permitted Uses. Such prohibited uses include, but are not limited to the following: a. Construction or maintenance on the Property of advertising signs of any kind, except for identification of the Property for Permitted Uses. b. Commercial extraction of minerals or natural resources from the Property. EXHIBIT page 2, of Scenic and Open Space Easement Page 3 C. Construction of residential, commercial or industrial buildings, including but not limited to a hotel, inn, condominium or rental apartment project except for the limited residential facilities necessary for DISTRICT staff's maintenance and patrol of the Property. d. Operation of any motor bike, trail bike, go-cart or other motor vehicles other than those used by DISTRICT for use, development, patrol or maintenance of the Property. DISTRICT may allow use of motor vehicles by the public to reach the recreational facilities according to the conditions of this easement. e. Dumping or placing trash, waste or garbage except in receptacles maintained by DISTRICT. L Use of firearms, airguns or dangerous weapons by the public. 9. Hunting or exploitation of natural wildlife except when required for public health and safety. h. Commercial cutting of standing timber except for public safety or consistent with public low intensity recreation purposes. L Planting vegetation on the Property except for DISTRICT approved soil management, erosion control, reforestation and planting of native California vegetation and normal landscaping and screening of open space and low intensity recreation areas and public facilities consistent with the intent of the Easement. j. Excavation or other topographic changes except for specific scenic and open space uses consistent with this Easement. k. Use of the Property in such a way that it alters the natural landscape character of the Property except as specified under Permitted Uses in this Easement. 1. Any use other than low intensity recreation, scenic or open space uses as provided in this Easement. M. Development of the Property for any amusement or theme park development, golf course, or any use that would require more than one percent (1%) of the total land area to be paved or developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools or similar development) except for existing impervious surfaces. n. Use of fireworks and pyrotechnics. 4. CONDEMNATION If the Property is sought to be acquired by another public or quasi-public agency for another public use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall apply and be asserted by both COUNTY and DISTRICT. 5. BINDING ON SUCCESSORS This Easement with all its conditions shall bind and inure to all successors and assigns of DISTRICT and COUNTY. 6. AMENDMENT AND TERMINATION EXHIBIT CO Page-2-of Scenic and Open Space Easement Page 4 This Easement may be amended or terminated only in a written, recorded documentation, executed by COUNTY and DISTRICT or their successors in interest. 7. NO WAIVER COUNTY's failure to enforce any provision of this Easement shall not be considered a waiver of its right to enforce it later, nor of its right to enforce any other provision. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: Pete Siemens, President Board of Directors Attest: Jean Fiddes, District Clerk State of California ss. County of Santa Clara On March 8, 1995, before me, Susan Noelle Dale, a Notary Public in and for said State, personally appeared Pete Siemens, known to me to be the President of the Board of Directors of the Midpeninsula Regional Open Space District, and the person whose name is subscribed to this instrument and acknowledged to me that she executed the same on behalf of the District. Susan Noelle Dale, Notary Public EXHISI Page Scenic and Open Space Easement Page 5 Park: Sanborn Skyline SCENIC AND OPEN SPACE EASEMENT Project: Bartkowski-Voss/MROSD EXHIBIT I - LEGAL DESCRIPTION APN: 517-16-006 All that certain real property located in an unincorporated area of the County of Santa Clara, State of California, being more particularly described as follows: The Southeast one-quarter of the Southwest one-quarter of Section 13,Township 8 South, Range 2 West, Mount Diablo Base and Meridian, according to the United States Government Survey thereof. EXHIBIT Page "pen Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-35 Meeting 95-07 March 22, 1995 AGENDA ITEM Resolution Supporting Continued Funding for the Bay Conservation and Development Commission GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution supporting continued funding for the Bay Conservation and Development Commission DISCUSSION Since 1965, the Bay Conservation and Development Commission (BCDC) has been the lead agency responsible for protecting the San Francisco Bay and shoreline. It has effectively controlled and slowed development and expansion of landfill that would otherwise have resulted in dramatic and irreparable loss of the Bay, sensitive wetlands, crucial habitat, and much-needed public access areas. Governor Wilson has declared his intent to delete funding for BCDC, transferring its responsibilities to the Coastal Commission and/or other agencies, which do not have the resources, experience, or local representation to effectively carry out the long-term tasks of BCDC. The attached resolution notes a number of accomplishments of BCDC and the impact of the loss of this agency, which would clearly be devastating to regional efforts to protect the Bay. The Board is urged to adopt this resolution so that its concerns will be made known to the State legislature and the Governor, and to help in maintaining BCDC's funding, structure, and autonomy. Prepared by: M. Smith, Public Affairs Manager Contact person: C. Britton, General Manager 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING CONTINUED FUNDING FOR THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that the San Francisco Bay Conservation and Development Commission (BCDC) provides a unique and crucial service to the communities around the Bay Area ; and WHEREAS, BCDC has proven itself to be the most effective, efficient, and successful agency in restoring the Bay's natural shoreline and enhancing economic development opportunities for local communities; and WHEREAS, BCDC is an important participant in the development of the San Francisco Bay Trail, a 400-mile trail system that will encircle the Bay, providing for public access, recreation, environmental education, and habitat preservation for the nine Bay Area counties, including a significant portion within District boundaries; and WHEREAS, since its creation in 1965, BCDC has been involved in and largely responsible for reducing the filling of the Bay from an average of 2,300 acres per year to nearly zero,-for helping to increase public access to the Bay shoreline from four miles to 110 miles,-for helping to increase the surface of the Bay by 800 acres;for assisting in the permanent protection of 99,000 acres of Bay wetlands,for working toward the acquisition of 10,000 acres of wetlands wildlife habitat; and WHEREAS, BCDC has shown great leadership in encouraging sound design for facilities on the Bay, and has been directly responsible for much of the public access around the Bay; and WHEREAS, with the momentous changes taking place around the Bay, and the opportunities for the future of Bay shore preservation and public access, BCDC is even more crucial than ever if the Bay shoreline is to be maintained and enhanced, and WHEREAS, it is the intent of the Governor to consolidate BCDC with the California Coastal Commission, which would dilute and weaken the effectiveness of BCDC to the point where the precious natural resource of the Bay will be threatened. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District strongly encourages the State Legislation and the Governor to maintain BCDC in its existing form with at least its current level of funding, and to abandon plans to consolidate this agency with any other agency. MEMBERS CHIEF CONSULTANT: Keith Olberg,Vice Chair �r�' rr. ,. r ,L Kip Lipper Tom Bates �'J��C.lt�.ttrn-a'Kestslatu�r�e Paula L.Boland CONSULTANTS: Debra Bowen Jeffrey P.Shellito Paul V.Horcher Sheila Jamesames Kuehl �wsrutlllg Natural Paul D.Thayer Charles Poochigian . COMMITTEE SECRETARY: Bernie Richter P Ann E.Boone James Rogan CCC_ Jackie Speier STATE CAPITOL Mike Sweeney BYR©N 'D. SHER P.O.BOX 942849 Bruce Thompson SACRAMENTO,CA 94249-0001 Tom woods CHAIRMAN (916)445-9367 FAX(916)324-6974 March 14, 1995 �P,STA2, Pete Siemens, President Midpeninsula Regional Open Space Distrct 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Siemens: Thank you for sending me a copy of your letter to Senator Alquist regard- ing the San Francisco Bay Conservation and Development Commission (BCDC) . As a former BCDC board member and now as a legislator, I have had the opportunity to observe and participate in BCDC's operations for 20 years. I agree with you that BCDC has been effective in protecting the Bay and that Governor Wilson's proposal to abolish BCDC and shift its responsibilities to other agencies is ill-conceived. I will do whatever I can to defeat this proposal. I have written to the Assembly Budget Committee expressing my opposition to the Governor's proposal and requesting that the 1995-96 Budget include full funding for BCDC (see attachment) . Legislation to implement the Governor's proposal might be referred to the Assembly Natural Resources Committee, of which I am Chair. If this should occur, I would use my best efforts to block the legislation. The Resources Agency representative is reported to have stated at the last BCDC board meeting that the Governor has asked the Resources Agency to study his proposal before further action is taken. I understand that the study is to be completed in April. While the Governor apparently is reconsidering the matter, further public support of BCDC would be helpful to forestall this proposal. I would therefore urge you to write directly to the Governor expressing your views on this subject. Thank you for taking the time to send me a copy of your letter. Please keep me informed of your views on other issues of concern to you. Sincerely BYRON D. SHER Chairman BDS:jmp Enclosure aau Printed on Recycled Paper �� ' tsACi� trE CHIEF CONSULTANT: MEMBERS al tip LiMer Dais Allen .C'`� ` t Natural CONSULTANTS: TANT5 Tan Bytes C _ JettrBy P.Sheilrto Debra Bowen . Pau,D.Thayer Terry Fr n Mike cash �PSD'11rCL'tB 11t2tttltttEL' COMMITTEE SECRETARY. Mi Ann E Boone ea Hoge David Knowles BYRUN D. SHER STATE CAPITOL Burt Margolin P.O-BOX 942849 Bili Morrow CHAIRMAN SACRAMENTO,CA 94249-t5(Y' Bernie Richter TELEPHONE (916)445.9367 Hilda Solis Curtis R.Tucker,Jr. 21, 1995 February At Honorable John Vasconcellos, Chair Assembly Budget Committee Room 6026 State Capitol RE: Restoration of Funding for the San Francisco Bay Conservation and Development Co11111111ission Dear John: I am writing to ask the Assembly Budget Committee to restore sufficient funds in the 1995-96 budget for a full year's operation of the San Francisco Bay Conservation and Development Commission (BCDC) . As proposed, the Governor's 1995-96 Budget transfers half of BCDC's budget to the Coastal Commission and the State Water Resources Control Board on January 1, 1996. This transfer reflects the Governor's proposal to abolish BCDC and to shift its functions to these two agencies. The abolition of BCDC does not make sense from any perspective. First, the savings are minimal - the budget shows that the administration expects to save only $26,000 for the second half of the fiscal year. Second, businesses, ports, local governments and the public will incur greater costs if the proposal is implemented. Two-thirds of Coastal Commission hearings are in Southern California and these entities will be subject to great expense to travel to these meetings for BCDC-related items. These expenses can be expected to exceed the minimal state savings estimated by the administration. Third, the BCDC board,e5d0%oof which is composed of Bay Area elected �eacprojects ls, is thanetheCoastal Commission y make regulatory decisions for Bay which is composed of statewide representatives. Finally, there is no support for abolition of BCDC. Attached are letters of opposition and other material from local government, busiard ness, f no ane individuals from both parties and newspapers. earl. Indeed, the outside of the Governor's office who supports this prop resolve to pursue this issue from that quarter appears to be weakening - the Resources Agency representative announced e erring additionaltaBctionbonrthe hearing that the administration w stud coul d be completed. proposal unt il a to cou Printed on Recycled Paper a Page 2 ' Honorable Jahn Vasconcellos le to the committee would be to step availab atin financially prudent p by elimin g The fin 1-advised proposal terminate further consideration of this ill-advised the proposed transfer of BCDC funds in the budget. Thank you for your consideration of this matter. Sincerely ByRON D. SHER Chairman BDS:jmp Enclosures CC: Interested Parties i .. r-+ +..++ i a _. _ Open Space 3 R-95-37 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-07 March 22, 1995 AGENDA ITEM Award of Contract for Demolition of a Residence at 140 La Honda Road on La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATI 1. Accept the bid from Randazzo Enterprises of$34,800.00 to complete this project. 2. Authorize the General Manager to enter into a contract for performance of the work. DISCUSSION At your September 28, 1994 meeting, you authorized staff to solicit bids for demolition of three structures: the residence at 140 La Honda Road on La Honda Creek Open Space Preserve, the former Mudd cabin on the Long Ridge Open Space Preserve, and the cabin located at the Black Mountain backpack camp on Monte Bello Open Space Preserve. You further requested staff pursue alternate options of removal, such as using the structures as test burn projects in coordination with local fire agencies. Staff has pursued removing the structures in coordination with local fire agencies. As a result, in late March, the Mudd cabin will be burned by the California Division of Forestry (CDF) as a training project. The City of Palo Alto has been notified of the availability of the Black Mountain cabin as a test burn project; however, they have not shown an interest. Therefore, the Black Mountain cabin will be removed within the next several months. The La Honda Road structure is not suitable as a burn project, due to its close proximity to numerous large redwoods and slopes. Instead, a notice was published in the San Jose g �P Pe Mercury, advertising the project. In addition, a notice was sent to a list of approximately ten contractors who have expressed an interest in demolition projects. A pre-bid conference occurred on Thursday, March 2, 1995. Four contractors attended the conference. The public bid opening was held on March 10, 1995. Two bids were received, one from Randazzo Enterprises of Castroville for $34,800.00 and a second bid from Re-New Sealers of Milpitas for $42,196.00. Randazzo Enterprise's bid is in line with staffs estimate of$35,000.00 for the project. Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com (0 Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Genera(Manager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-44 Meeting 95-07 March 22, 1995 AGENDA ITEM Annual Claims List for Fiscal Year 1995-1996 GENERAL MANAGER'S RECOMMENDATION Approve the annual claims list, including debt service payments for the 1995-1996 fiscal year. Discussion: In accordance with Section 1.53 of the District's Rules of Procedure, this list of annual claims for the 1995-1996 fiscal year is submitted for Board approval. All items are in accordance with the budget to be presented at your March 22 meeting for approval. Staff will submit a revised annual claims list during the 1995-1996 fiscal year to reflect necessary changes. The debt service claims list reflects payments required by currently outstanding debt. Attachment A lists the District's current debt service annual claims for 1995-1996, and Attachment B provides a detailed list of debt service obligations. ANNUAL CLAIMS ITEM DESCRIPTION AMOUNT Directors' Fees $ 27,000 Staff Salaries 2,472,200 Retirement Funds 314,800 Group Insurance Premiums 261,250 State-Mandated Insurance 87,050 Dr. Steven M. Loy Of. Grench Dental Coverage) 750 Management Vehicle Expense 5,300 Utilities - PG&E 51,600 Legislative Consultant (Heim, Noack, & Spahnn) 16,000 Dispatching Services (City of Mountain View) 14,000 Reuben's Janitorial Service 14,400 Bettencourt American Landscape 3,000 Antenna Site Rental - Motorola Inc. 300 Fuel - Valley Oil Company 30,000 Prepared b ed : Y Michael L. Foster, Controller Marie McGough, Accounting Specialist Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 . Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton ATTACHMENT A ANNUAL CLAIMS DEBT SERVICE FISCAL YEAR 1995-1996 NOTEHOLDER-LAND PRINCIPAL INTEREST ------------------------------------------- ---------------------- ---------------------- Stone & Youngberg (Former Hosking) 32,500.00 Darling 14,100.00 987.00 Dyer 30,000-00 39,200.00 Harris 62,125.00 3,727.50 Aine 7,030.62 11,094.20 Leverich 3,123.76 1,528.04 Jamison 12,772.10 492.34 Lazenby 3,856.18 4,862.27 Bullis 60,000.00 5,250.00 Gastronics/Miller 8,100.00 Norton 15,000.00 BONDS PAYABLE ------------------------------------------- 1988 Notes 700,000.00 416,000.00 1990 Notes 540,000.00 1,070,302.50 1992 Notes 480,235.00 1993 COP'S 50,000.00 949,510-00 1995 Notes 932,187.08 ---------------------- ---------------------- PURCHASE CONTRACTS AND BONDS $ 1,483,007.66 3,970,975.93 ATTACHMENT B DEBT SERVICE 95/96 OPEN SPACE PRESERV Payable to Close of Escrow Original Note Rate% Terms Remaining Principal Final Paym.Due Payable 95/96 Principal Interest B Corte de Madera Hosking 03/01/88 500,000.00 6.5 10 years 500,000.00 03/01/98 32,500.00 0.00 32,500.00 Fremont Older Harris 06/01/88 88,750.00 6.0 7 years 62,125.00 06/01/95 65,852.50 62,125.00 3,727.50 Foothills Aine 01/18/89 192,000.00 7.0 20 years 158,488.26 12/18/98 18,124.82 7,030.62 11,094., La Honda Creek Darling 08/16/85 141,000.00 7.0 10 years 14,100.00 08/16/95 15,087.00 14,100.00 987.00 Dyer 10/17/86 500,000.00 7.0 10 years 500,000.00 10/17/96 35,000.00 35,000.00 Dyer 10/17/86 300,000.00 7.0 10 years 60,000.00 10/17/96 34,200.00 30,000.00 4,200.00 941,000.00 574,100.00 84,287.00 44,100.00 40,187.00 Russian Ridge Norton 12/06/93 300,000.00 5.0 3 years 300,000.00 12J06/96 15,000.00 15,000.00 Sierra Azul Leverich 05/13/81 50,000.00 7.0 20 years 23,242.76 05/22/2001 4,651.80 3,123.76 1,528.04 Jamison 03/28/86 95,200.00 7.0 10 years 12,772.10 05/28/96 13,264.44 12,772.10 492.34 Lazenby 08/31/88 100,000.00 6.0 20 years 81,037.90 08/31/2008 8,718.45 3,856.18 4,862.27 Gastronics 05/31/91 135,000.00 6.0 5 years 135,000.00 05/31/96 8,100.00 8,100.00 380,200.00 252,052.76 34,734.69 19,752.04 14,982 Skyline Bullis 05/02/86 600,000.00 7.0 10 years 90,000.00 05/02/96 65,250.00 60,000.00 5,250.00 SUBTOTAL--PURCHASE CONTRACTS 3,001,950.00 1,936,766.02 315,749.01 193,007.66 122,741.35 Various Notes 1988 Note 02J01/88 12,500,000.00 20 years 11,100,000.00 02J01/2008 1,116,000.00 700,000.00 416,000.00 1990 Note 09/01/90 15,000,000.00 20 years 15,000,000.00 09/01/2010 1,610,302.50 540,000.00 1,070,302.50 1992 Note 12J01/92 8,000,000.00 20 years 8,000,000.00 12/01/2012 480,235.00 0.00 480,235.00 1993 Note 09/01/2020 17,315,000.00 5.70 25 years 17,275,000.00 09/01/2020 999,510.00 50,000.00 949,510.00 1995 Note 03/31/2015 11,500,000.00 20 years 11,500,000.00 03/31/2015 932,187.08 0.00 932,187.08 SUBTOTAL-NOTES 64,315,000.00 62,875,000.00 5,138,234.58 1,290,000.00 3,848,234.58 TOTALS 67,316,950.00 64,811,766.02 5,453,983.59 1,483,007.66 3,970,975.93 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-39 Meeting 95-07 March 22, 1995 AGENDA ITEM Authorization to Solicit Bids for a Tractor Mower MANAGER'S MCQhWMA Authorize staff to solicit bids for one full-size tractor with an articulating boom mower. DISCUSSION The 1995-1996 fiscal year budget, presented for your consideration earlier at this meeting, included $70,000 for a tractor with a boom mower. At your March 8, 1995 meeting, staff presented the proposed 1995-1996 budget report (R- 95-31), which included a written justification for the tractor/boom mower. The purchase of this tractor is consistent with the operations program's five-year capital equipment schedule also contained in the March 8 report. This tractor/boom mower will be used to control vegetation growth on the District's 150 miles of patrol and fire roads. Removal of vegetation not only makes roads passable for patrol purposes, but serves as an important fire break in the event of a brush fire. It also makes roads safer for patrol because of increased visibility and line of sight. After bids are received and evaluated by staff, we will return to the Board for authorization to award a purchase contract. We are expediting this purchase with the hope that the tractor/boom mower can be delivered in time for use this summer. Prepared by: David Topley, Support Services Supervisor John Escobar, Operations Manager Contact person: David Topley, Support Services Supervisor 330 Distel Circle - Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 - E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Claims No. 85-O Meeting 95-07 � Date: K8onch32.1B9b REVISED K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT NDescription . . --_- __ 7304 220.84 Acme & Sons Sanitation Sanitation Service � 7305 04.68 Acorn Naturalists Books 7206 451.45 Air Cooled Engines Inc. Generator Parts 7807 81.15 American Welding Supply Welding � 7308 156.91 AT &/ T Telephone Service � 7309 30.00 Bay Area Ridge Trail Council Documents 7310� 137GO0 Curtis Construction--NatureCentor' . 7311 0;?2.2 BTKO' DRedwood Office Supplies @8G.47 7312 391.71 Best Sanitation Sanitation Service 7313 1'887.19 Big Creek Lumbar 7314 100.00 Ira 8|etz Docent Training Seminar 7315 900.00 Dave Bliss/Ben Tioe Defensive Tactics Training 7316 188.50 Bowerman Electric Becthne| Work-HoakinAa 7317 337.50 Building Abatement Ano|ytine Aabmetmm Determination 7318 21.50 Butlers Uniform Expense 7318 132.70 California Water Service Company Water Service 7319 191.23 Cal-Line Equipment Co. Vehicle Parts 7320 7'913.08 Cascade Fire Equipment Company Fire Pumper 7321 80.18 C|ork'oAuto Parts Vehicle Parts 7322 383.37 Communication /& Control, Inc. PGEPunnp-K8t. Unmunhunn 7323 630.00 Community School of Music & Art Kids' Art nfOpen Space 7324 131.65 Patrick Congdon Reim buroornmnt-Confermnce Expense 7325 55.73 EdCorakin Deck Rapair-BoanHouse 7326 2'146.84 Corporate Environments Office Furniture � 7327 55.00 °1 County of Santa Clara Conditional Use Permit 7328 1'458.21 Craftsman Printing Poster Printing 7329 227.95 Dennis Danielson Reimbursement--Residence Repair and Conference Expense 7380 81.77 The Dark Room Photocopies 7331 567.00 Dugan Associates Soils Sample and Report 7332 19.09 Dyne-K8md Safety Supplies 7333 88.60 E8K8 Office Machine Repair 7334 115.32 John Escobar Reim buroonment-PRAC Conference 7335 162.38 Expedite Graphic Products Signs 7336 2'436.80 First American Tide Escrow, Title and Insurance Premiums 7337 165.46 Forestry Supplies Field Supplies 7338 45.01 GTE Los Gatos Telephone Listing 7338 63.66 Gerden|ond Field Equipment and Repair 7340 87.00 CindyGeteno Docent Training Seminar � � 7341 438.00 Gmtevxmy2OOD Computer Equipment 7342 510.87 Guoduo Brochures and Printing 7343 376.78 Grainger Supplies � 7344 3'014.77 Sharon Hall Photography Photos--Kids' Art ofOpen Space � 7345 343.14 Home Depot Field Supplies °1 Urgent Check issued on March 13' 1995 Page 1 � Claims No. 85-O Meeting 95-07 � Date: March 22. 1995 REVISED � yN|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7347 921.50 Lanier Worldwide Inc. Copies - Maintenance Agreement � 7348 168.95 Tom Lauoten Reim bunmnnment-Cnnfensnce � 7349 56.00 Judy Law Reim buranmment-Signo � 7350 635.00 E|ed Levinson Training � 7351 40.00 Los Altos Chamber ofCommerce Expo '95 Reservation � 7352 167.29 Los Altos Garbage OumpoterRonta| � 7353 200.00 K4agana Building Maintenance Maintenance � � 7354 8.05 K8aQnuuman8uiuh Vehicle Parts � 7355 400.00 Marshall Roofing Repair-- Bechtel House � 7356 239.23 K8o Grath Rontoorp Skyline Office Rental 7367 1,;[;(). Metro Mobile Communications RadioReprogamnnninQ and 3'129.18 Radio Installation � 7358 1'453.35 K0i|ntnneGeotochnioa| Geotechnicu| Service � 7359 234.45 W1inton'oLumnbar Field Supplies � 7360 216.66 Mission Valley Fond Vehicle Repair 7361 38.97 Moffett Supply Co. Sanitation Supplies � 7382 3'O2O.74 Murray &' K�urray Legal Services � 7383 37.931.32 Nevenone |ndustziem Postage and Hond|ing--VimitornGuide 7364 19.60 Netcom On-Line Service � 7385 1,382.27 New West Petroleum Inc. Fuel � �38G 14835 N Vehicle Parts � � b| Ford Noble |e �o a o m o � 7367 26.74 Nornay'o Office Supplies � 7368 67.58 Northern Energy Fuel 7369 686.61 Orchard Supply Hardware Field Supplies � 7370 891.08 Pacific Bell Telephone Service 7371 174.18 Peninsula Blueprint B|ue|inew 7372 67.50 Pi|urcitooCluorry Bomenock 7373 239.00 VVornan Phillips Reim buraemant-E.P0I C|nmm 7374 2'000.00 Postage ByPhone Postage 7375 300.00 Precision Works, Inc. Asbestos Removal � 7376 7'812.50 Prudential Securities Remarketing Agreennent--1088Note 7377 21.65 Quick Silver LoMerhead-Printing � 7378 123.11 RE| Field Supplies 7379 5.08 Rancho Hardware and Garden Shop Field Supplies 7380 1.359.06 J. Anne Rawlins Legal Services 7381 32.50 Rayne Water Conditioning Water Service 7382 450.00 Repetitive Strain Institute Seminar 7383 152.78 Rice Trucking Booenock 7384 1.125.88 Rich's Tire Service Tires for District Vehicles 7385 49.95 Rohon |nbernmUona| Equipment Repair 7386 80.00 °2 Round Table Pizza Local Business Meeting 7387 2.273.67 Roy'aRapoir Vehicle Service and Repair 7388 11.00 San Francisco Bay Trail Book 7389 359.50 DavidSonQuinetti Reimbursement--H|nlKCPRSRegistroUon °2 Urgent Check issued March 14' 1995. Page CloimmB5-O Meeting 95-07 Date: K8oroh22.1995 REVISED yN|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT 7390 145.60 San Jose Mercury News Legal Advertisement 7391 —9�0Q."_ Scribner Graphic Press Spring Newsletter 2'33O.00 7392 2.250.00 8eofinstBanh Administration Fee 7393 382.64 8i|onci'm Feed Barn Gate 7394 2O8�5O Skyline County Water District Water Service � 7395 2.995.00 Software Performance Specialists Software Licenses 7396 1.308.87 Something Special Cataring—Kide Art ofOpen Space 7397 132.00 °3 State uf California/Department of Fish &Game Permit 7398 365.36 Summit Uniforms Uniform Expense 7399 373.46 Superior Engraving Engraving 7400 383.21 Target Field Equipment 7401 —989. Teeter &' Etc. Maps and Transportation Roinnburae- 1'687.23 rnent—Viaitor'a Map Press Check 7402 242.00 U.S. Rentals Rental Equipment 7403 58.88 University Art Center Office Supplies 7404 187.500.00 Valley TUUaCompany LandPunohoae—Borthowmki 7405 11.71 Valley Tool and Manufacturing Company Field Supplies 7406 70.00 Diane West-Bourke Docent Training Seminar 7407 146.13 Workingman's Emporium Uniform Expense 7408 28.42 Yondbind Equipment Sales Equipment Repair 7409 24.00 Sky|onda Gas Station Fuel 7410 303.05 Malcolm Smith Reimbursement--Software 7411 143.38 ^4 CJuode| Industries, Inc. Water System Part 7412 1'004.87 Fa/re||e Communications Company Radio Reprogramming � 7413 453.36 Petty Cash Office and Field Supplies, Local and Out of Town YWoatin8 Expenoe, Film and Deve|oping, Photocopying, Ha|d °3 Urgent check issued on March 14. 1995. °4 Urgent check issued onMarch 17' 1896. � � � Page Claims No. Q5-O Meeting 95-07 Date: K8arch22.1SS5 � K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT � � # Amount Name Description 7304 220.84 Acme & Sons Sanitation Sanitation Service 7305 94.68 Acorn Naturalists Books 7306 451.45 Air Cooled Engines Inc. Generator Parts 7307 91.15 American Welding Supply Welding 7308 156.91 AT & T Telephone Service 7309 30.00 Bay Area Ridge Trail Council Documents 7310 1'375.00 Curtis Becker Construction--Nature Center 7311 872.24 BTK & DRedwood Office Supplies 7312 291.71 Best Sanitation Sanitation Service 7313 1'887.19 Big Creek Lumber 7314 100.00 Ira B|etz Docent Training Seminar 7316 @OO.00 Dave Bliss/Ben Tioa Defensive Tactics Training 7316 189.50 Boxvnrnoun Electric Bectrina| Work-Hnnkinga 7317 337.50 Building Abatement Ana|ytico Aobaatmm Determination 7318 21.50 Butlers Uniform Expense � � 7318 132.70 California Water Service Company Water Service 7319 191.22 Cal-Line Equipment Co. Vehicle Parts � 7320 7'913.08 Cascade Fire Equipment Company Fire Pumper 7321 8O.18 C|ark'oAuto Porto Vehicle Parts � � 7322 382.37 Communication Q' Control, Inc. PGEPunnp-Mt. Unnunhuno 7323 830.00 Community School of Music & Art Kids' Art of Open Space � � 7324 131.85 Patrick Congdon Reimbureement-Conferenne Expense 7325 55.73 EdCnvokin Deck Repei�-BeonHouse � � 7326 2'146.84 Corporate Environments Office Furniture 7327 55.00 °1 County of Santa Clara Conditional Use Permit � 7328 1'459.21 Craftsman Printing Poster Printing � 7329 227.95 Dennis Danielson Reim buroamnen1-ReoidenoeRepair � and Conference Expense 7330 91.77 The Dark Room Photocopies � 7331 567.00 Dugan Associates Soils Sample and Report � 7332 19.09 Dyna-yWod Safety Supplies � 7333 88.60 EBK8 Office Machine Repair 7334 115.32 John Escobar Reim buroernant-PRACConference � 7335 162.38 Expedite Graphic Products Signs 7336 2'436.80 First American Title Escrow, Title and Insurance Pverniunnu � 7337 165.46 Forestry Supplies Field Supplies � 7338 45.01 GT E Los Gatos Telephone Listing 7339 63.68 Genden|and Field Equipment and Repair 7340 87.00 Cindy Gateno Docent Training Seminar 7341 438.41 Gat*vvay20OO Computer Equipment 7342 510.87 Goodoo Brochures and Printing 7343 376.78 Grainger Supplies 7344 3'014.77 Sharon Hn|| Photography Photos--Kids' Art nfOpen Space 7345 343.14 Home Depot Field Supplies 7346 437.55 Langley Hill Quarry 8emerook 7347 821.50 Lanier Worldwide Inc. Copies - Maintenance Agreement °1 Urgent Check issued onMarch 13, 1995 Page Claims No. 95-08 w**eu//g9p-v' � Date: March 22 1995 � M|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description � � 7349 56.00 Judy Law Reim bunoennent-Signa � 7350 835.00 BadLovinoon Training � 7351 40.00 Los Altos Chamber ufCommerce Expo '85 Reservation � 7352 187.29 Los Altos Garbage DumpaterRenta| � 7353 200.00 &0agona Building Maintenance Maintenance � � � 7354 6.05 K8agnuoeenBuick Vehicle Parts � � 7355 400.08 K4ormhaU Roofing Repoir-- Bechtel House 7356 239.23 Mc Grath Rentuorp Skyline Office Rental 7357 1'710.00 Metro Mobile Communications RadioRepmogomming 7358 1'453.35 K«i|utunoGnotechn|ne| Gaotechnioa| Service 7359 234.45 K8inton'sLunmbor Field Supplies 7380 215.66 &0inninn Valley Ford Vehicle Repair � 7361 38.87 Moffett Supply Co. Sanitation Supplies 7362 3'020.74 Murray & K8urroy Legal Services 7363 37.831.33 Nevorono |nduntriea Postage and Hend|ing--VimitnnmGuide 7384 19.80 Notcom On-Line Gamioe 7365 1'382.27 New West Petroleum Inc. Fuel 7388 148.35 Noble Ford Vehicle Parts � 7307 26.74 Nonnoy'm Office Supplies 7368 07.58 Northern Energy Fuel 7369 685.51 Orchard Supply Hardware Field Supplies 7370 891.08 Pacific Bell Telephone Service � 7371 174.18 Peninsula Blueprint 0ue||nem � 7372 67.60 Pi|aroitoo {luarry Bamernch � 7373 239.00 Warren Phillips Reimbursement-E.K0.T. C|moa 7374 2'000.00 Postage By Phone Postage � � 7375 300.00 Precision Works, Inc. Asbestos Removal � 7376 7'812.50 Prudential Securities Remarketing Aoraonnant-19BBNote � � 7377 21.65 Quick Silver Lefterhemd-Phnting � � 7378 123.11 RE| Field Supplies � � 7378 5.08 Rancho Hardware and Garden Shop Field Supplies � � 7380 1.359.08 J. Anne Rawlins Legal Services � 7381 32.50 Rayne Water Conditioning Water Service � 7382 450.00 Repetitive Strain Institute Seminar � 7383 15278 Rice Trucking Boeenzch � 7384 1.125.88 Rich's Tire Service Tires for District Vehicles � � 7385 49.96 Rohon International Equipment Repair � 7388 90.00 ^2 Round Table Pizza Local Business Meeting � 7387 2.273.67 Roy'oFlepmir Vehicle Service and Repair 7388 11.00 San Francisco Bay Trail Book 7389 358.50 Oevid8onguinetti Reimbursement--Fi|n/CPRSRogimtnaUon 7390 145.60 San Jose Mercury News Legal Advertisement 7391 3.500.58 Scribner Graphic Press Spring Newsletter °2 Urgent Check issued March 14' 1995. � Page � � Cleimo95-06 MeetirgQ5-O � Date: K8mnoh22.190S � � � M|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT � 7383 362.64 Gilaooi'oFmed Barn Bate 7384 206.50 Skyline County Water District Water Service � 7395 2.985.00 Software Performance Specialists Software Licenses 7396 1.308.87 Something Special Catehng—Kida Art ofOpen Space � � 7397 132.00 °3 State of California/Department of Fish &Game Permit 7398 385.36 Summit Uniforms Uniform Expense � 7399 373.46 Superior Engraving Engraving 7400 383.21 Target Field Equipment 7401 909.30 Teeter & Etc. N1opu 7402 242.00 U.S. Rentals Rental Equipment 7403 59.88 University Art Center Office Supplies 7404 187.500.00 Valley Ti|deCompany LondPurchaam—Barthomshi 7405 11.71 Valley Tool and Manufacturing Company Field Supplies 7406 70.00 Diane West-Bourke Docent Training Seminar 7407 146.13 Workingman's Emporium Uniform Expense 7408 28.42 Yandbird Equipment Sales Equipment Repair °3 Urgent Check issued March 14. 19B5. Page 3 � � � Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton General Manager g DATE: March 17, 1995 SUBJECT: FYI 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton WARREN SLOCUM March 13, 1995 San Ma teo County Clerk-Recorder Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Members, Board of Directors: I have an important election matter which I want to bring to your attention. As you know, for many years, we have done candidate filings in the Hall of Justice & Records. First they were done on the first floor in "Room A" of the Clerk's Office and for the past two years, we have accepted filings in the Recorder's Office located on the 6th floor. We are contemplating moving our Candidate Filing operation to the Registration-Election Division Office at 40 Tower Road in San Mateo. Some of the reasons for this change are: • Efficiency gains • Improved opportunities for quality • Improved career opportunity ladders • Learning opportunity for Election's staff • Increased cross utilization of staff for peak workload periods The Election's Office is centrally located in San Mateo County, has easy access from the freeways and is easy to park and get in and out of Under the proposed arrangement we plan to deliver the same quality service that you have received in the past. We feel that this move is in the best interest of the Election Division and its employees, our Department and for San Mateo County. If you have any questions regarding this proposed change, please give me a call. I am anxious to get this matter resolved because our 95/96 election cycle is rapidly approaching, so if you would contact me with the next 10 days at 363.4988, I would appreciate it. Thank you in advance for your thoughtful consideration of this important election matter. egards, arren Slocum Assessor-County Clerk-Recorder OF S A v 4 9 a �zt�O O x Hall of Justice and Records 401 Marshall Street - Redwood City California 94063-1636 C4LIFOR�"� VOICE(415)363-4988 FAX(415)363-4914 A Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 8, 1995 Hon. Alfred Alquist, Chair Senate Committee on Budget and Fiscal Review 5100 Capitol Building Sacramento, CA 95814 RE: Continued Autonomy and Funding for San Francisco Bay Conservation and Development Commission with California Coastal Commission Dear Senator Alquist: On behalf of the Midpeninsula Regional Open Space District, I strongly urge your committee to protect the funding and independence of the San Francisco Bay Conservation and Development Commission (BCDC) as one of the State's most effective and efficient agencies. BCDC has been instrumental in protecting and restoring the Bay's natural shoreline and has provided for public access and enhanced economic development opportunities for local communities. BCDC has often been the first and last line of defense on these issues. The Midpeninsula Regional Open Space District (MROSD) is a public agency formed by voters' initiative to preserve a regional open space greenbelt, linking District preserves with other public parklands in northwestern Santa Clara County and southwestern San Mateo County. During its first 22 years, the District has preserved over 37,000 acres of natural lands in the foothill and baylands for public open space and recreation. Without the guidance and oversight of BCDC, the work of MROSD and many other agencies and organizations who are dedicated to protect and restore sensitive Bay marshlands and to provide public access would be seriously affected and the resulting public benefits would be much reduced. In particular,,BCDC has been instrumental in the implementation of the San Francisco Bay Trail, a project to ring the Bay with public access trails linking these natural and developed public shoreline lands. BCDC, in concert with numerous local and regional agencies and organizations, has transformed the Bay, in 30 years, from a dumping ground to a celebrated natural resource and recreation attraction. In 1965, when BCDC was authorized by the McAteer-Petris Act, more than 25 municipal landfills were dumping contaminated urban waste into the Bay. Only four miles of shoreline were designated for public access. Now, thirty years later, many of those landfills are being capped and converted to parks. More than 125 miles of shoreline are open to the public in 130 shoreline parks, marinas, boat launches, fishing piers, interpretive centers and wildlife 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Hon. Alfred Alquist, Chair March 8, 1995 Page Two preserves. BCDC deserves credit for providing much of the vision and guiding most of the implementation measures for these vital resources and amenities. Please do all you can to keep BCDC in place as the guide and guardian of our Bay's future. The identity of the San Francisco region is tied directly to the Bay itself, which provides for aquatic recreation, parkland opportunities, and a spirit of refreshment and renewal. These are the resources and amenities that attract people from all over the world to this area on an equal reputation as in London, Amsterdam, and Paris. S' r , e Siemens President PS/dw cc: Senator Tom Campbell Assemblyman Byron Sher Assemblyman Jim Cuneen Douglas P. Wheeler, Secretary, Resources Agency MROSD Board of Directors JERRY B EPSTEIN.Crtartman STATE OF CALIFORNIA PATE WILSON r ROBERT SHELTON V,ce Cnaimlar GOVERNOR MARYF BERGLUND OCTAVIA DIENER JOSEPH A DUFFEL DANIEL Wm.FESSLER EDWARD G JORDAN KEN KEVORKIAN ROBERT WOLF SENATOR OUENTIN L.KOPP.Ex Offim - R ASSEMBLYMAN RICHARD KATZ.Ex Ofiiac ROBERT I REMEN.Executive Drectm CALIFORNIA TRANSPORTATION COMMISSION 1120 N STREET,P.O.BOX 942873 SACRAMENTO 94273-0001 FAX(916)653-2134 '... FAX t9161654.4364 19161 654-4245 February 17, 1995 I i The Honorable Byron D. Sher Member of the Assembly State Capitol Sacramento, CA 95814 Dear Assemblyman Sher: Thank you for your recent letter to the CTC asking that the Commission fund various federal Transportation Enhancement Activities (TEA) projects in your district and elsewhere. The Commission expects to adopt an Allocation Plan at its February 22-23 meeting, to ration funding among transportation and enhancement projects from now through June 1996, The State Transportation Improvement Program (STIP) is currently saddled with a funding shortfall of about $4.5 billion over the upcoming five years, through 1999-99. This funding shortfall results from voter rejection of three $1 billion bond issues for transportation (Proposition 156 in November 1992, Proposition I in June 1994, and Proposition 181 in November 1994), diversion of state transportation funds to General Fund purposes in the last three state budgets, congressional withholding; of federal transportation funds as part of federal budget balancing exercises, and depressed gas tax revenues during the recent economic recession. The present transportation funding situation is described more fully in the Commission's 1994 Annual Report to the Legislature, which was sent to your office in December 1994. The STIP contains $2.7 billion worth of projects -- highway, rail, soundwall, and enhancement -- due to be delivered for funding and construction during the next 18 months, through June 1996 After funding the highest priority work, including seismic retrofit of state highway bridges, state highway maintenance and rehabilitation, safety improvements, and Caltrans' on-going operating costs, the Commission currently estimates that it will have about $850 million available for STIP construction projects during that 18-month time period. Thus, only one-third of 1994-95 and 1995-96 STIP projects can be funded as programmed. The Commission intends to fund all projects in the STIP over an extended period of time as revenues become available; most projects face delays averaging three years, with some delays as long as five years, for construction. t AL The Honorable Byron Sher February 17, 1995 Page 2 The Co g� g mmission has asked each regional agency cy to arrange all STIP projects in its area in priority order, identifying those of highest priority which are proposed to be kept on schedule and those of lower priority which are proposed to be delayed. The Commission is collecting regional priorities into a statewide Allocation Plan, and seeking ways to extend as far as possible the limited funding available. Decisions pending in the Legislature for the FY 1995-96 State Budget may help. The Commission expects to adopt a 1995-96 Allocation Plan, to guide project funding, at its February meeting. Based on regional priorities submitted to the Commission, I expect the Stevens Creek bike path project in Mountain View will be funded when ready according to that plan. If you need to discuss this plan of action further, please contact Pete Hathaway of the Commission staff at (916) 653-3148. i Sincerely, .TERRY B. STEIN Chairman PK1TA18HMCV MAR 1 19 w Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manag DATE: March 22, 1995 SUBJECT: FYI 330 Distei Circle • Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail:mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton L. Craig Britton, General Manager COMMUNITY SCHOOL Midpeninsula Regional Open Space District OF MUSIC AND ARTS 330 Distel Circle Los Altos, CA 94022 Dear Mr. Britton, Recently the Community School of Music and Arts (CSMA) collaborated with your agency in sponsoring the "Kids' Art of Open Space" project. This project, which was an immense success, really shows what two agencies with a common goal--education--can accomplish when they collaborate. As I'm sure you know, this project involved thousands of children in local communities, educating them about the importance of open space and bringing to life their visions through the medium of art. The exhibit opening and reception on March 1 brought more than three hundred children and their parents to our school to enjoy the art (about 800 pieces in all!!), to learn more about the MROSD and CSMA, and to hear speakers talk about the importance of open space. This project would not have been possible without the hard work and enthusiasm of the MROSD's Public Affairs Manager Malcolm Smith. Many thanks to Malcolm for putting together this successful collaboration and for overseeing so superbly all the details from start to finish. I know that many members of the public will continue to enjoy the art throughout the coming month as exhibits appear at local libraries and at other sites. Again, many thanks to the MROSD and especially to Malcolm Smith for inviting CSMA to be part of the "Kids' Art of Open Space" project. I look forward to future collaborations between our two agencies. Sincerely, Andrea I S. mkin Executive Director cc: Malcolm Smith, Public Affairs Manager Peter Siemens, President, Board of Directors 253 Martens Avenue • Mountain View,CA 94040 . 415/961-0342 • FAX 415/961-1750 MAR 17 STATE CAPITOL COMMITTEES: P.O.BOX 942849 SACRAMENTO,CA 94249-0001 BANKING AND FINANCE (916)445-8305 BUDGET AT INSURANCE DISTRICT OFFICE %J411-farnin REVENUE AND TAXATION 901 CAMPISI WAY,SUITE 300 CAMPBELL,CA 95008 (408)369-8170 JIM CUNNEEN ASSEMBLYMEMBER,TWENTY-FOURTH DISTRICT March 15, 1995 L. Craig Britton Midpeninsula Regional Open Space District 330 Distel circle Los Altos, CA 94022 Dear Craig: Thank you for sending me your spring newsletter Open Space News, I enjoyed the information concerning Midpeninsula Regional Open Space District. I really enjoyed the article about the trails around the old Windmill Pasture area. Should open Space or any of your members ever have any questions please feel free to contact David Buckmaster my Field Representative in my District office. Again, thank you for sending my office Open Space News, and if I can ever be of assistance, please call my office at (408) 369-8170. Sincerely, JIM CUMME'CN Member of the Assembly 24th District JC:db Printed on Recycled Paper MAR 17 19 x k Claims No. 95-06 Meeting 95-07 Date: March 22,1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7304 220.84 Acme & Sons Sanitation Sanitation Service 7305 94.68 Acorn Naturalists Books 7306 451.45 Air Cooled Engines Inc. Generator Parts 7307 91.15 American Welding Supply Welding 7308 156.91 A T & T Telephone Service 7309 30.00 Bay Area Ridge Trail Council Documents 7310 1,375.00 Curtis Becker Construction--Nature Center 7311 8:-24 B T K & D Redwood Office Supplies 886.47 7312 291.71 Best Sanitation Sanitation Service 7313 1,887.19 Big Creek Lumber 7314 100.00 Ira Bletz Docent Training Seminar 7315 900.00 Dave Bliss/Ben Tisa Defensive Tactics Training 7316 189.50 Bowerman Electric Electrical Work--Hoskings 7317 337.50 Building Abatement Analytics Asbestos Determination 7318 21 .50 Butlers Uniform Expense 7318 132.70 California Water Service Company Water Service 7319 191.22 Cal-Line Equipment Co. Vehicle Parts 7320 7,913.08 Cascade Fire Equipment Company Fire Pumper 7321 80.18 Clark's Auto Parts Vehicle Parts 7322 382.37 Communication & Control, Inc. PGE Pump--Mt. Umunhum 7323 630.00 Community School of Music & Art Kids' Art of Open Space 7324 131.65 Patrick Congdon Reimbursement--Conference Expense 7325 55.73 Ed Corekin Deck Repair--Bean House 7326 2,146.84 Corporate Environments Office Furniture 7327 55.00 *1 County of Santa Clara Conditional Use Permit 7328 1,459.21 Craftsman Printing Poster Printing 7329 227.95 Dennis Danielson Reimbursement--Residence Repair and Conference Expense 7330 91 .77 The Dark Room Photocopies 7331 567.00 Dugan Associates Soils Sample and Report 7332 19.09 Dyna-Med Safety Supplies 7333 89.60 E B M Office Machine Repair 7334 115.32 John Escobar Reimbursement--PRAC Conference 7335 162.38 Expedite Graphic Products Signs 7336 2,436.80 First American Title Escrow, Title and Insurance Premiums 7337 165.46 Forestry Supplies Field Supplies 7338 45.01 G T E Los Gatos Telephone Listing 7339 63.66 Gardenland Field Equipment and Repair 7340 87.00 Cindy Gateno Docent Training Seminar 7341 438.00 Gateway 2000 Computer Equipment 7342 510.87 Goodco Brochures and Printing 7343 376.78 Grainger Supplies 7344 3,014.77 Karon Hall Photography Photos--Kids' Art of Open Space 7345 343.14 Home Depot Field Supplies *1 Urgent Check issued on March 13, 1995 Page 1 Claims No. 95-06 . Meeting -95 07 Date: March 22, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7346 437.55 Langley Hill Quarry Baserock 7347 921 .50 Lanier Worldwide Inc. Copies - Maintenance Agreement 7348 166.95 Tom Lausten Reimbursement--Conference 7349 56.00 Judy Law Reimbursement--Signs 7350 635.00 Elad Levinson Training 7351 40.00 Los Altos Chamber of Commerce Expo '95 Reservation 7352 167.29 Los Altos Garbage Dumpster Rental 7353 200.00 Magana Building Maintenance Maintenance 7354 6.05 Magnussen Buick Vehicle Parts 7355 400.00 Marshall Roofing Repair-- Bechtel House 7356 239.23 Mc Grath Rentcorp Skyline Office Rental 7357 1-g-1-8. Metro Mobile Communications Radio Reprogamming and 3,129.18 Radio Installation 7358 1,453.35 Milstone Geotechnical Geotechnical Service 7359 234.45 Minton's Lumber Field Supplies 7360 215.66 Mission Valley Ford Vehicle Repair 7361 38.97 Moffett Supply Co. Sanitation Supplies 7362 3,020.74 Murray & Murray Legal Services 7363 37,931.32 Navarone Industries Postage and Handling--Visitors Guide 7364 19.60 Netcom On-Line Service 7365 1,382.27 New West Petroleum Inc. Fuel 7366 148.35 Noble Ford Vehicle Parts 7367 26.74 Norney's Office Supplies 7368 67.58 Northern Energy Fuel 7369 685.51 Orchard Supply Hardware Field Supplies 7370 891 .08 Pacific Bell Telephone Service 7371 174.19 Peninsula Blueprint Bluelines 7372 67.50 Pilarcitos Quarry Baserock 7373 239.00 Warren Phillips Reimbursement--E.M.T. Class 7374 2,000.00 Postage By Phone Postage 7375 300.00 Precision Works, Inc. Asbestos Removal 7376 7,812.50 Prudential Securities Remarketing Agreement--1988 Note 7377 21.65 Quick Silver Letterhead-Printing 7378 123.11 REI Field Supplies 7379 5.08 Rancho Hardware and Garden Shop Field Supplies 7380 1,359.06 J. Anne Rawlins Legal Services 7381 32.50 Rayne Water Conditioning Water Service 7382 450.00 Repetitive Strain Institute Seminar 7383 152.78 Rice Trucking Baserock 7384 1,125.88 Rich's Tire Service Tires for District Vehicles 7385 49.95 Rokon International Equipment Repair 7386 90.00 *2 Round Table Pizza Local Business Meeting 7387 2,273.67 Roy's Repair Vehicle Service and Repair 7388 11.00 San Francisco Bay Trail Book 7389 359.50 David Sanguinetti Reimbursement--Film/CPRS Registration •2 Urgent Check issued March 14, 1995. Page 2 � ClaimsQ5-O8 �5�7 . . � Date: Menzh22.1985 � REVISED K4|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT 7390 145.60 San Jose Mercury News Legal Advertisement 7381 ~��"-fie- Scribner Graphic Press Spring Newsletter 2'33O.00 7392 2.250.00 Seafi:stBank Administration Fee 7383 362.64 Si|aoci's Feed Barn Gate 7394 208.50 Skyline County Water District Water Service 7395 2.895.00 Software Performance Specialists Software Licenses � 7386 1.308.87 Something Special Catering-Kida Art of Open Space � 7397 132.00 ~3 State of California/Department ofFish & C]anle Permit � 7388 365.36 Summit Uniforms Uniform Expense � 7389 373.46 Superior Engraving Engraving � � 7400 383.21 Target Field Equipment 7401 --989.98 Teater &^ Etc. Maps and Transportation Roinnburme' 1'G87.23 rnent-Vioitor'm Map Press Check � 7402 242.00 U.S. Rentals Rental Equipment � � 7403 59.88 University Art Center Office Supplies � 7404 187.500.00 Valley ll|UeCompany LandPurohaae-Bertkoxvmhi � 7405 11.71 Valley Tool and Manufacturing Company Field Supplies � � 7406 70.00 Diane West-Bourke Docent Training Seminar 7407 148.13 Workingman's Emporium Uniform Expense 7408 28.42 Yardbind Equipment Sales Equipment Repair | 7408 24.00 Bky|ondaGas Station Fuel 7410 303.05 Malcolm Smith Reimbursement--Software 7411 143.36 *4 (]uode| Industries, Inc. Water System Part � 7412 1,004.87 Forre/|e Communications Company Radio Reprogramming � 7413 463.36 Petty Cash Office and Field Supplies, Local and Out of Town Meeting Expense, Film and Oeve]oping, Photocopying, Field � ^3 Urgent check issued on March 14` 1905. � *4UngontohaukiamuadmnK8en:h 17' 1995. � � � ' � � Page 3 � �