HomeMy Public PortalAbout20191023 - Agenda Packet - Board of Directors (BOD) - 19-27
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, October 23, 2019
Special Meeting starts at 6:00 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ROLL CALL
1. Review of 2019 State of California Legislative Session – Board of Directors Briefing on Matters
of Interest to Midpeninsula Regional Open Space District (R-19-133)
Staff Contact: Joshua Hugg, Governmental Affairs Specialist
General Manager’s Recommendation: Receive and discuss the 2019 State of California legislative
session update from legislative consultants, Public Policy Advocates LLC and Environmental and
Energy Consulting.
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not on the agenda. Each speaker will ordinarily
be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the
Board of Directors on items not on the agenda. If you wish to address the Board, please complete a
speaker card and give it to the District Clerk. Individuals are limited to one appearance during this
section.
ADOPTION OF AGENDA
SPECIAL ORDERS OF THE DAY
• Introduction of Management Talent Exchange Program Participant
o Deborah Hirst, Climate Resiliency/Regional Trails Specialist
Meeting 19-27
Rev. 1/3/19
CONSENT CALENDAR
All items on the Consent Calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
1. Approve October 9, 2019 Minutes
2. Claims Report
3. Approval of Amendments to the Personnel Policies and Procedures Manual (R-19-134)
Staff Contact: Candice Basnight, Human Resources Manager
General Manager’s Recommendation: Adopt a Resolution approving the amendments to the
Personnel Policies and Procedures Manual.
4. Resolution to accept grant funding from the California Natural Resources Agency for the
proposed future purchase of the Gordon Ridge property. (R-19-135)
Staff Contact: Melanie Askay, Grants Program Manager and Michael Williams, Real Property
Manager
General Manager’s Recommendation: Adopt a resolution by roll call vote authorizing the General
Manager to execute a funding agreement with the California Natural Resources Agency for the
proposed future purchase of the Gordon Ridge property as an addition to Tunitas Creek Open Space
Preserve.
BOARD BUSINESS
The President will invite public comment on agenda items at the time each item is considered by the
Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
5. Highway 17 Crossings Alternatives, Caltrans Project Study Report, Environmental Review,
Public Outreach and Funding (R-19-136)
Staff Contact: Julie Andersen, Senior Resource Management Specialist
General Manager’s Recommendations:
1. Authorize the General Manager to approve the final Caltrans Project Study Report - Project
Development Support document.
2. Approve the proposed approach for project environmental review pursuant to the California
Environmental Quality Act and the National Environmental Policy Act to evaluate highway
crossing alternatives for wildlife and trail use.
3. Adopt a Resolution authorizing the General Manager to enter into a Cooperative Agreement
with Caltrans to begin the Caltrans Project Approval and Environmental Document for the
proposed project.
6. Lone Madrone Ranch (formally McDonald Ranch) Grazing Lease in La Honda Creek Open
Space Preserve (R-19-137)
Staff Contact: Michael Jurich, Land and Facilities Services Manager
General Manager’s Recommendation: Adopt a resolution authorizing the General Manager to enter
into a new two-year grazing lease with an option for a one-year extension at Lone Madrone Ranch
in La Honda Creek Open Space Preserve with current Lessee, Erik and Doniga Markegard.
Rev. 1/3/19
7. Award of Contract for the South Area Field Office Project (19-138)
Staff Contact: Tanisha Werner, Senior Capital Project Manager
General Manager’s Recommendations:
1. Award a contract to Agbayani Construction Corporation of Daly City, California for a base
contract amount of $3,529,000, which includes bid alternates #5 and #7.
2. Authorize a 15% construction contingency of $529,350 to be reserved for unanticipated issues,
for a not-to-exceed total contract amount of $4,058,350.
3. Separately authorize bid alternate #1 for $75,000, for a total not-to-exceed contract amount of
$4,133,350, to be awarded if during demolition the south wall is deemed to require replacement;
this fixed charge is excluded from the 15% contract contingency calculation.
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for information; request staff to report to the Board on a matter at a future meeting; or
direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to
staff only. No final policy action will be taken by the Board.
Committee Reports
Staff Reports
Director Reports
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,
please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the
District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to
Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on October 17, 2019, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
R-19-133
Meeting 19-27
October 23, 2019
SPECIAL MEETING AGENDA ITEM 1
AGENDA ITEM
Review of 2019 State of California Legislative Session – Board of Directors Briefing on Matters
of Interest to Midpeninsula Regional Open Space District
GENERAL MANAGER’S RECOMMENDATION
Receive and discuss the 2019 State of California legislative session update from legislative
consultants, Public Policy Advocates LLC and Environmental and Energy Consulting.
SUMMARY
Representatives from Public Policy Advocates LLC (PPA) and Environmental and Energy
Consulting (EEC) will provide an in-person legislative briefing on the concluded 2019 State of
California legislative session. The briefing will include an overview of the most significant
actions taken during the session as well as the current state legislative climate and its possible
effect on the 2020 legislative session. The Board of Directors (Board) last received a briefing on
the 2019 legislative session on August 28, 2019.
DISCUSSION
The 2019 Legislative Program, which the Board approved at its January 9, 2019 meeting, reflects
Board policy positions on a variety of issues affecting the Midpeninsula Regional Open Space
District (District), its mission, and annual strategic goals. The Legislative Program has guided
the determination of priority legislation to track during the year. Staff and the District’s
legislative consultants actively used the Legislative Program to communicate District positions
on bills, budget recommendations, and other legislative items to the respective authors and/or
legislative committees as appropriate. Throughout the 2019 session, staff fielded time-sensitive
requests from partners and monitored evolving pieces of legislation based on Board Policy 1.11
(Attachment 1). Legislation deemed a priority by the Board pursuant to this policy were tracked,
and when appropriate, either supported or opposed. The General Manager has kept the Board
notified of each action taken via separate memos. Please refer to Attachment 2 for an overview
of the final outcomes for District priority bills in the 2019 legislative session.
Legislative Categories
Legislation and topics to be discussed by PPA and EEC may include, but are not limited to:
• California budget process
• Cap and trade/Greenhouse Gas Reduction Fund/Climate change
• Wildlife corridors
• Water legislation
R-19-133 Page 2
• Wildfire prevention/forest health legislation
• Pension reform
• Upcoming state funding measures
FISCAL IMPACT
There is no fiscal impact associated with this briefing.
BOARD COMMITTEE REVIEW
Legislative updates are periodically brought to the Legislative, Funding, and Public Affairs
Committee (LFPAC) throughout each year. The most recent LFPAC review was June 11, 2019.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
The Governmental Affairs Specialist will bring legislative items and proposals to LFPAC and
the Board in preparation for the 2020 session beginning with LFPAC review of the draft 2020
Legislative Program on November 19, 2020. The full Board is scheduled to review and ratify the
2020 Legislative Program on December 11, 2019.
Attachments:
1. Board Policy 1.11, Positions on Ballot Measures and Legislative Advocacy
2. 2019 Priority Bill Legislative Status as of October 14, 2019
Responsible Department Head:
Korrine Skinner, Public Affairs Manager
Prepared by:
Joshua Hugg, Governmental Affairs Specialist
Midpeninsula Regional Open Space District
Board Policy Manual
Positions on Ballot Measures
and Legislative Advocacy
Policy 1.11
Chapter 1 – Administration and Government
Effective Date: 4/13/16 Revised Date: N/A
Prior Versions: N/A
Board Policy 1.11 Page 1 of 3
Purpose
To establish a policy governing positions on local and state ballot measures/propositions and
state and federal legislative advocacy. It is intended to cover all matters before the Legislature
and the voters.
Definitions
For the purposes of the Positions on Ballot Measures and Legislative Advocacy policy, the
following terms and definitions shall be used:
Measure – may be included on a municipal, county, or district ballot and includes
ordinances, initiatives, referenda, advisory measures, issuance or refunding of bonds, city or
county charter amendments, or any other measure or proposition a legislative body may
submit to the voters within the body’s jurisdiction.
Ballot Proposition – can be a referendum or an initiative measure that is submitted to the
electorate for a direct decision or direct vote. Propositions may be placed on the ballot by
the California State Legislature or by a qualifying petition signed by registered voters.
Initiative – power of the electors to propose legislation, and to adopt or reject them. Any
proposed ordinance may be submitted to the legislative body by means of a petition.
Referendum – applies to the process for repealing newly enacted legislation. Within
specified time limits, the electors may file a petition protesting the adoption of that
legislation.
Local Legislation – typically ordinances, which are the laws of a city, charter, or district,
often having the force of law, but only within the local jurisdiction.
State or Federal Legislation – bills or proposed legislation under consideration by the
legislature at the state or federal level.
ATTACHMENT 1
Board Policy 1.11 Page 2 of 3
Policy
1. Positions on Matters Before the Voters
a. From time to time the Board of Directors may be asked or may desire to take a
position on local or state measures. The Board may consider taking a position on the
measure/proposition if the measure/proposition:
i. Would directly impact the District’s finances, responsibilities, legal authority,
or operations; AND
ii. Is in line with or inconsistent with the District’s mission and/or commitment
to preserve open space within its boundaries and sphere of influence.
The Board, by majority vote, may direct the General Manager to research the
measure/proposition and return to the Board at a future meeting with information
and a General Manager recommendation. At that time, the Board may vote to take
a position on a measure/proposition.
b. Measures/propositions determined to not impact District business may nonetheless
be analyzed by the General Manager when directed by a majority vote of the Board,
of which the analysis report would include possible alternatives for Board action, but
no position recommendation.
2. Local, State, and Federal Legislative Advocacy
a. The Legislative, Funding, and Public Affairs Committee (LFPAC) receives periodic
updates regarding the District’s legislative program. When LFPAC determines that
proposed legislation may affect District business, it may direct the General Manager
to prepare a recommendation for consideration by the full Board or where there is
not adequate time to convene the full Board, may direct the General Manager to
take action to support or oppose the legislation without full Board approval. In such
cases, the General Manager or designee shall report to the Board any actions taken
to support or oppose legislation at or before the next Board meeting.
b. When time is so short that neither the full Board nor LFPAC can be convened to
consider positions to support or oppose local, state or federal legislation, the
General Manager is authorized to take a position on behalf of the District if the
legislation:
i. Is related to the District’s mission; AND
ii. Would directly impact the District’s business, such as project delivery,
operations, finances, legal authority, or other District responsibilities; AND
iii. The position being taken is consistent/inconsistent with existing District
policy, past action, or District Strategic Plan; OR
iv. The legislation carries other considerations that make it contrary to the
District’s interests.
In such instances, the General Manager or designee shall report to the Board any
actions taken to support or oppose the legislation at or before the next Board
meeting.
c. Full Board action is required regarding legislation that is not clearly within the
criteria listed above under Section 2.b. or guided by direction previously given by
LFPAC.
ATTACHMENT 1
Board Policy 1.11 Page 3 of 3
3. Full Board action is required to support or oppose any type of grassroots advocacy action,
such as social, political, or economic movements, that are not legislation.
4. Board members representing the District in their official capacity on regional or other
bodies may, at his or her discretion, take actions based on the principles above consistent
with previously approved Board positions and policies.
5. This policy is not intended to limit the prerogative of individual Board members from
expressing their individual support for or opposition to any local ballot measure, State
proposition, State or Federal legislation, or grassroots advocacy actions. However, in doing
so, the member should clearly state they are speaking for themselves, and not in an official
capacity on behalf of the Board or the District. Individual Board Members who take a
position in support or opposition to ballot measure or legislation for which the Board has
not previously taken a position are encouraged as a professional courtesy to include the
language for identification purposes only parenthetically following their signature
referencing their position on the Board.
ATTACHMENT 1
MROSD Legislative Tracking Matrix
10/15/2019
Measure Author Category Topic Status Brief Summary Position Priority
AB 65 Petrie-Norris D Climate
Coastal protection:
climate adaption: project
prioritization: natural
infrastructure: local
general plans.9/27/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 347, Statutes of
2019.
Would require specified things of the State Coastal Conservancy when it
allocates any funding appropriated pursuant to the The California Drought,
Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of
2018, including that it prioritize projects that use natural infrastructure, as
defined, to help adapt to climate change. The bill would require the
conservancy to provide information to the Office of Planning and Research on
any projects funded pursuant to the above provision to be considered for
inclusion into the clearinghouse for climate adaption information. The bill would
authorize the conservancy to provide technical assistance to coastal
communities to better assist them with their projects that use natural
infrastructure.
Support 2
AB 293 Garcia, Eduardo D Climate
Greenhouse gases:
offset protocols.
7/12/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 85, Statutes of
2019.
Current law, until January 1, 2031, establishes the Compliance Offsets Protocol
Task Force to provide guidance to the state board in approving new offset
protocols for a market-based compliance mechanism for the purposes of
increasing offset projects with direct environmental benefits in the state while
prioritizing disadvantaged communities, Native American or tribal lands, and
rural and agricultural regions. This bill would require the task force to consider
the development of additional offset protocols, including, but not limited to,
protocols for the enhanced management or conservation of agricultural and
natural lands, and for the enhancement and restoration of wetlands.
Support 2
AB 409 Limón D Climate
Climate change:
agriculture: Agricultural
Climate Adaptation Tools
Program: grants.
2-Year Bill
Would require the Strategic Growth Council to provide guidance in the
development of, and to coordinate the activities of member agencies of the
council for, a grant program, known as the Agricultural Climate Adaptation
Tools Program, as specified, to provide funding for activities that include
development of specified planning tools, to be available in the public domain,
for adapting to climate change and developing resiliency strategies in the
agricultural sector, using the best available science, as specified. The bill would
require the Department of Food and Agriculture to administer the program for
the disbursement of grants.
Watch 2
AB 825 Mullin D Climate
San Mateo County Flood
and Sea Level Rise
Resiliency District.9/12/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 292, Statutes of
2019.
Would rename the San Mateo County Flood Control District the San Mateo
County Flood and Sea Level Rise Resiliency District, and would add addressing
and protecting against the impacts of sea level rise to the powers of the district.
The bill would require, commencing January 1, 2020, the district to be governed
by a board of directors, as provided, which would replace the Board of
Supervisors of the County of San Mateo as the governing board of the district.
Support 2
1
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 839 Mullin D Climate
Climate adaptation
strategy: strategic
resiliency framework:
Resiliency through
Adaptation, Economic
Vitality, and Equity
Account.
2-Year Bill
Current law requires the Natural Resources Agency to update every 3 years the
state’s climate adaptation strategy, known as the Safeguarding California Plan,
to identify vulnerabilities to climate change by sectors and priority actions
needed to reduce the risks in those sectors. This bill would require the
Secretary of the Natural Resources Agency, on or before July 1, 2021, to
review the plan and develop a strategic resiliency framework, as specified. The
bill would require updates to the plan to include, among other things, a review
of the progress made implementing past plans and an evaluation of each lead
agency’s lead adaptation efforts, as well as a detailed description of the
framework developed by the secretary.
Support 2
SB 168 Wieckowski D Climate
Climate change: Chief
Climate Resilience
Officer.8/30/2019-Failed Deadline
pursuant to Rule 61(a)(12). (Last
location was APPR. SUSPENSE
FILE on 8/21/2019)(May be acted
upon Jan 2020)
Would establish the Chief Climate Resilience Officer, appointed by the
Governor and subject to confirmation by the Senate, in the Office of Planning
and Research to serve as the statewide lead for planning and coordination of
climate adaptation policy and implementation in California, and would specify
the duties of the chief officer. The bill would make the chief officer, or the chief
officer’s designee, a member of the advisory council and would designate the
chief officer, or the chief officer’s designee, as the chair of the advisory council.
Support 2
AB 1298 Mullin D Funding
Climate Resiliency, Fire
Risk Reduction,
Recycling, Groundwater
and Drinking Water
Supply, Clean Beaches,
and Jobs Infrastructure
Bond Act of 2020.
2-Year Bill
Would enact the Climate Resiliency, Fire Risk Reduction, Recycling,
Groundwater and Drinking Water Supply, Clean Beaches, and Jobs
Infrastructure Bond Act of 2020, which, if approved by the voters, would
authorize the issuance of bonds in an unspecified amount pursuant to the State
General Obligation Bond Law to finance a climate resiliency, fire risk reduction,
recycling, groundwater and drinking water supply, clean beaches, and jobs
infrastructure program.The bill would require the bond act to be submitted to
the voters at the November 3, 2020, statewide general election.
1
ACA 1 Aguiar-Curry D Funding
Local government
financing: affordable
housing and public
infrastructure: voter
approval.8/19/2019-Read third time.
Refused adoption. Motion to
reconsider made by Assembly
Member Aguiar-Curry.
The California Constitution prohibits the ad valorem tax rate on real property
from exceeding 1% of the full cash value of the property, subject to certain
exceptions. This measure would create an additional exception to the 1% limit
that would authorize a city, county, city and county, or special district to levy an
ad valorem tax to service bonded indebtedness incurred to fund the
construction, reconstruction, rehabilitation, or replacement of public
infrastructure, affordable housing, or permanent supportive housing, or the
acquisition or lease of real property for those purposes, if the proposition
proposing that tax is approved by 55% of the voters of the city, county, or city
and county, as applicable, and the proposition includes specified accountability
requirements.
Support 1
2
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
SB 45 Allen D Funding
Wildfire Prevention, Safe
Drinking Water, Drought
Preparation, and Flood
Protection Bond Act of
2020.
2-Year Bill
Would enact the Wildfire Prevention, Safe Drinking Water, Drought
Preparation, and Flood Protection Bond Act of 2020, which, if approved by the
voters, would authorize the issuance of bonds in the amount of $4,189,000,000
pursuant to the State General Obligation Bond Law to finance projects for a
wildfire prevention, safe drinking water, drought preparation, and flood
protection program.
Support/Co
alition 1
SB 268 Wiener D Funding
Ballot measures: local
taxes.
10/13/2019-Vetoed by the
Governor. In Senate.
Consideration of Governor's veto
pending.
Current law requires that the ballots used when voting upon a measure
proposed by a local governing body or submitted to the voters as an initiative or
referendum measure, including a measure authorizing the issuance of bonds or
the incurrence of debt, have printed on them a true and impartial statement
describing the purpose of the measure. If the proposed measure imposes a tax
or raises the rate of a tax, existing law requires the ballot to include in the
statement of the measure the amount of money to be raised annually and the
rate and duration of the tax to be levied. This bill would exempt from this
requirement a measure that imposes or increases a tax with more than one rate
or authorizes the issuance of bonds. The bill would instead permit for these
types of measures the statement of the measure to include the words “See
voter guide for tax rate information.”
Support 1
AB 352 Garcia, Eduardo D Funding
Wildfire Prevention, Safe
Drinking Water, Drought
Preparation, and Flood
Protection Bond Act of
2020.2-Year Bill
Would enact the Wildfire Prevention, Safe Drinking Water, Drought
Preparation, and Flood Protection Bond Act of 2020, which, if approved by the
voters, would authorize the issuance of bonds in the amount of $3,920,000,000
pursuant to the State General Obligation Bond Law to finance a wildlife
prevention, safe drinking water, drought preparation, and flood protection
program.The bill would provide for the submission of these provisions to the
voters at the November 3, 2020, statewide general election.The bill would
provide that its provisions are severable.
Watch 2
3
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 608 Petrie-Norris D Funding
Property taxation:
exemption: low-value
properties.
7/12/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 92, Statutes of
2019.
The California Constitution authorizes the Legislature, with the approval of 2/3
of the membership of each legislative house, to allow a county board of
supervisors to exempt from property taxation those properties having a full
value too low to justify the costs of assessment and collection. Current property
tax law implementing this authority generally limits any exemption granted
under this constitutional provision by a county board of supervisors to real
property with a total base year value, or personal property with a full value, not
exceeding $10,000. Current property tax law increases this limit to $50,000 in
the case of a possessory interest, for a temporary and transitory use, in a
publicly owned fairground, fairground facility, convention facility, or cultural
facility. This bill, for lien dates occurring on or after January 1, 2020, and before
January 1, 2025, would delete this requirement that the possessory interest be
for a temporary and transitory use of a publicly owned fairground, fairground
facility, convention facility, or cultural facility, thereby allowing the exemption
from taxation under these provisions of any possessory interest valued at
$50,000 or less.
Watch 2
AB 707 Kalra D Governance
Santa Clara Valley Water
District: contracts.
9/6/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 264, Statutes of
2019.
Current law requires a contract and prescribes competitive bidding procedures
for any improvement or unit of work not performed by the personnel of the
Santa Clara Valley Water District if the district estimates the work to cost over
$25,000. This bill would raise that competitive bidding threshold for work not
performed by district personnel to work estimated to cost over $50,000. The bill
would subject a contract for work not performed by district personnel and
estimated to exceed the threshold to the approval of the board, in accordance
with board policy that has been adopted in an open meeting. The bill, with
certain exceptions, would prohibit the estimated cost of any improvement or
unit of work done by district personnel from exceeding $50,000.
Support 2
AB 1783 Rivas, Robert D Housing
H-2A worker housing:
state funding:
streamlined approval
process for agricultural
employee housing
development.10/13/2019-Signed by the
Governor
Would prohibit the provision of state funding, as defined, for the purposes of
funding predevelopment of, developing, or operating any housing used to
comply with the federal law requirement to furnish housing to H-2A workers and
would require an employer, as defined, or other recipient of state funding who
utilizes state funding for these purposes to reimburse the state or state agency
that provided the funding in an amount equal to the amount of that state
funding expended for those purposes. The bill would exempt from these
provisions any contract or other enforceable agreement pursuant to which the
state or a state agency provides funding that was entered into prior to January
1, 2020. The bill would also make various conforming changes to other laws.
This bill contains other related provisions and other existing laws.
Watch 2
4
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
SB 5 Beall D Housing
Affordable Housing and
Community Development
Investment Program.
10/13/2019-Vetoed by the
Governor. In Senate.
Consideration of Governor's veto
pending.
Would establish in state government the Affordable Housing and Community
Development Investment Program, which would be administered by the
Affordable Housing and Community Development Investment Committee. The
bill would authorize a city, county, city and county, joint powers agency,
enhanced infrastructure financing district, affordable housing authority,
community revitalization and investment authority, transit village development
district, or a combination of those entities, to apply to the Affordable Housing
and Community Development Investment Committee to participate in the
program and would authorize the committee to approve or deny plans for
projects meeting specific criteria. The bill would also authorize certain local
agencies to establish an affordable housing and community development
investment agency and authorize an agency to apply for funding under the
program and issue bonds, as provided, to carry out a project under the
program.
Support 2
AB 7 Chu D Public Access
Daylight saving time.
6/4/2019-In committee: Set, first
hearing. Hearing canceled at the
request of author.
Current state law sets the standard time for California and sets daylight saving
time to begin each March and end each November. Current law allows the state
to set the standard time to year-round daylight saving time if federal law
authorizes the state to do so. This bill would set California’s standard time to
year-round daylight saving time after the federal government authorizes the
state to do so, as specified.
Support 2
AB 556 Carrillo D Public Access
Outdoor experiences:
community access
program: grant program.
10/11/2019-Vetoed by the
Governor
Would require the Natural Resources Agency to develop and implement a
community access program focused on engagement programs, technical
assistance, or facilities that maximize safe and equitable physical admittance,
especially for low-income and disadvantaged communities, to natural or cultural
resources, community education programs, or recreational amenities. The bill
would authorize the agency, in consultation with certain state entities, to
develop a grant program for innovative transportation projects that provide
disadvantaged and low-income youth with access to outdoor experiences, as
specified.
Support/
Coalition 2
AB 1111 Friedman D Public Access
Outdoor recreation:
Office of Outdoor
Recreation: California
Outdoor Recreation
Account.
8/30/2019-Failed Deadline
pursuant to Rule 61(a)(12). (Last
location was APPR. SUSPENSE
FILE on 8/19/2019)(May be acted
upon Jan 2020)
Would establish, until January 1, 2025, the Office of Outdoor Recreation in the
Office of the Governor. The bill would require the office to undertake certain
activities, including supporting the outdoor recreation economy and working
toward equitable access to outdoor areas of the state by engaging in specified
activities. The bill would also require the office to create an advisory committee
to provide advice, expertise, support, and service to the office.
Support/Co
alition 2
5
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
SB 127 Wiener D Public Access
Transportation funding:
active transportation:
complete streets.
10/12/2019-Vetoed by the
Governor. In Senate.
Consideration of Governor's veto
pending.
Current law requires the Department of Transportation, in consultation with the
California Transportation Commission, to prepare an asset management plan
to guide selection of projects for the State Highway Operation and Protection
Program consistent with any applicable state and federal requirements. Current
law requires the commission, in connection with the asset management plan, to
adopt targets and performance measures reflecting state transportation goals
and objectives. This bill would require the asset management plan to prescribe
a process for community input and complete streets implementation to prioritize
the implementation of safe and connected facilities for pedestrians, bicyclists,
and transit users on all State Highway Operation and Protection Program
projects, as specified.
Support 2
SB 367 Hueso D Public Access
State Coastal
Conservancy: grants:
educational projects and
programs.
10/9/2019-Approved by the
Governor. Chaptered by Secretary
of State. Chapter 701, Statutes of
2019.
Current law establishes the State Coastal Conservancy and prescribes the
membership, functions, and duties of the conservancy with regard to the
protection, preservation, and enhancement of specified coastal lands in the
state. Current law authorizes the conservancy to fund and undertake plans and
feasibility studies and to award grants to public agencies and nonprofit
organizations for these purposes. This bill would additionally authorize the
conservancy to provide technical assistance, and award grants for that
purpose.
Support 2
AB 1486 Ting D Real Property
Surplus land.
10/9/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 664, Statutes of
2019.
Current law prescribes requirements for the disposal of surplus land by a local
agency. Current law defines “local agency” for these purposes as every city,
county, city and county, and district, including school districts of any kind or
class, empowered to acquire and hold real property. This bill would expand the
definition of “local agency” to include sewer, water, utility, and local and regional
park districts, joint powers authorities, successor agencies to former
redevelopment agencies, housing authorities, and other political subdivisions of
this state and any instrumentality thereof that is empowered to acquire and hold
real property, thereby requiring these entities to comply with these requirements
for the disposal of surplus land. The bill would specify that the term “district”
includes all districts within the state, and that this change is declaratory of
existing law.
Neutral 1
AB 782 Berman D Real Property
California Environmental
Quality Act: exemption:
public agencies: land
transfers.
8/30/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 181, Statutes of
2019.
CEQA requires a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if revisions in the
project would avoid or mitigate that effect and there is no substantial evidence
that the project, as revised, would have a significant effect on the environment.
This bill ould exempt from CEQA the acquisition, sale, or other transfer of
interest in land by a public agency for certain purposes, or the granting or
acceptance of funding by a public agency for those purposes.
Support 2
6
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 1190 Irwin D Safety
Unmanned aircraft: state
and local regulation:
limitations.
2-Year Bill
Would, among other things, prohibit a state or local agency from adopting any
law or regulation that bans the operation of an unmanned aircraft system. The
bill would also authorize a local agency to adopt regulations to enforce FAA
regulations regarding the operation of unmanned aircraft systems and would
authorize local agencies to regulate the operation of unmanned aircraft and
unmanned aircraft systems within their jurisdictions, as specified. The bill would
also authorize a local agency to require an unmanned aircraft operator to
provide proof of federal, state, or local registration to licensing or enforcement
officials.
Oppose 1
AB 916 Muratsuchi D Stewardship
Pesticide use:
glyphosate.
2-Year Bill
Would, until January 1, 2025, prohibit a city, county, charter city, city and
county, or a special district, as defined, from using any pesticide that contains
the active ingredient glyphosate. The bill would not preclude a county, city,
charter city, city and county, or a special district from adopting or enforcing
stricter pesticide use policies.
Neutral 1
AB 1788 Bloom D Stewardship
Pesticides: use of
anticoagulants.
2-Year Bill
Current law prohibits the use of any pesticide that contains one or more of
specified anticoagulants in wildlife habitat areas, as defined. Current law
exempts from this prohibition the use of these pesticides for agricultural
activities, as defined. Existing law requires the director, and each county
agricultural commissioner under the direction and supervision of the director, to
enforce the provisions regulating the use of pesticides. This bill would create
the California Ecosystems Protection Act of 2019 and expand this prohibition
against the use of a pesticide containing specified anticoagulants in wildlife
habitat areas to the entire state.
Support 1
7
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 342 Muratsuchi D Stewardship
Public lands: leasing: oil
and gas: prohibition.
10/12/2019-Signed by the
Governor
Current law authorizes the State Lands Commission to let leases for the
extraction and removal of oil and gas deposits from state lands, including
tidelands or submerged lands, in accordance with specified provisions of law.
Current law vests exclusive jurisdiction over ungranted tidelands and
submerged lands owned by the state to the State Lands Commission. Current
law confers the powers of the State Lands Commission as to leasing or
granting of rights or privileges to lands owned by the state upon a local trustee
of granted public trust lands to which those lands have been granted. This bill,
notwithstanding the leasing authority described above or any other law, and to
the extent not prohibited by federal law, would prohibit any state agency,
department, or commission, or any local trustee, as defined, with leasing
authority over public lands within the state from entering into any new lease or
other conveyance authorizing new construction of oil- and gas-related
infrastructure upon public lands, including tidelands and submerged lands, to
support production of oil and natural gas upon federal lands that are designated
as, or were at any time designated as, federally protected lands, as defined.
Support 2
AB 450 Arambula D Stewardship
Bees: Apiary Protection
Act.
9/20/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 300, Statutes of
2019.
Current law requires any apiary operator, or the apiary operator’s designated
representative, to notify a county agricultural commissioner when relocating a
bee colony within the county, but does not impose a 72-hour deadline for
providing notice or include other provisions relating to this requirement that are
consistent with the specified provisions regarding notice of a relocation to
another county. This bill would recast provisions regarding notice of relocation
within a county to be consistent with those regarding notice of relocation to
another county, including, among other things, by imposing a 72-hour deadline
for providing notice of relocation within a county or subsequent movement
within the destination county, and by exempting information provided pursuant
to that notification requirement from disclosure pursuant to the California Public
Records Act.
Support 2
8
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 454 Kalra D Stewardship
Migratory birds:
California Migratory Bird
Protection Act.
9/27/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 349, Statutes of
2019.
Current federal law, the Migratory Bird Treaty Act, provides for the protection of
migratory birds, as specified. The federal act also authorizes states and
territories of the United States to make and enforce laws or regulations that
give further protection to migratory birds, their nests, and eggs. Current state
law makes unlawful the taking or possession of any migratory nongame bird, or
part of any migratory nongame bird, as designated in the federal act, except as
provided by rules and regulations adopted by the United States Secretary of the
Interior under provisions of the federal act. This bill, the California Migratory
Bird Protection Act, would instead, until January 20, 2025, make unlawful the
taking or possession of any migratory nongame bird designated in the federal
act before January 1, 2017, any additional migratory nongame bird that may be
designated in the federal act after that date, or any part of those migratory
nongame birds, except as provided by rules and regulations adopted by the
United States Secretary of the Interior under the federal act before January 1,
2017, or subsequent rules or regulations adopted pursuant to the federal act,
unless those rules or regulations are inconsistent with the Fish and Game
Code.
Support 2
AB 948 Kalra D Stewardship
Coyote Valley
Conservation Program.
9/27/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 356, Statutes of
2019.
Current law creates the Santa Clara Valley Open-Space Authority, and
prescribes the jurisdiction and functions and duties of the authority. Current law
authorizes the authority, among other things, to acquire, hold, and dispose of
real and personal property, within the authority’s jurisdiction, necessary to the
full exercise of its powers. This bill would authorize the authority to establish
and administer the Coyote Valley Conservation Program to address resource
and recreational goals of the Coyote Valley, as defined. The bill would authorize
the authority to collaborate with state, regional, and local partners to help
achieve specified goals of the program. The bill would authorize the authority
to, among other things, acquire and dispose of interests and options in real
property.
Support 2
AB 1011 Petrie-Norris D Stewardship
Coastal resources:
coastal development
permits: waiver of filing
fees.
8/30/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 185, Statutes of
2019.
Would authorize the California Coastal Commission to waive the filing fee for
an application for a coastal development permit required under the California
Coastal Act of 1976, as specified.Support 2
AB 1718 Levine D Stewardship
State parks: state
beaches: smoking ban.
10/11/2019-Vetoed by the
Governor
Current law makes it an infraction for a person to smoke a cigarette, cigar, or
other tobacco product within 25 feet of a playground or tot lot sandbox area.
This bill would make it an infraction for a person to smoke on a state beach or
in a unit of the state park system or to dispose of used cigar or cigarette waste
on a state beach or in a unit of the state park system, as specified. The bill
would establish
Support 2
9
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
SB 1 Atkins D Stewardship
California Environmental,
Public Health, and
Workers Defense Act of
2019.
9/27/2019-Vetoed by the
Governor. In Senate.
Consideration of Governor's veto
pending.
Current state law regulates the discharge of air pollutants into the atmosphere.
The Porter-Cologne Water Quality Control Act regulates the discharge of
pollutants into the waters of the state. The California Safe Drinking Water Act
establishes standards for drinking water and regulates drinking water systems.
The California Endangered Species Act requires the Fish and Game
Commission to establish a list of endangered species and a list of threatened
species, and generally prohibits the taking of those species. This bill would,
until January 20, 2025, require specified agencies to take prescribed actions
regarding certain federal requirements and standards pertaining to air, water,
and protected species, as specified. By imposing new duties on local agencies,
this bill would impose a state-mandated local program.
Support 2
SB 474 Stern D Stewardship
The California Wildlife
Protection Act of 1990:
Habitat Conservation
Fund.2-Year Bill
Would establish the Wildlife Protection Subaccount in the Habitat Conservation
Fund and would require the Controller, if an appropriation is made for this
purpose in any fiscal year, to transfer $30,000,000 from the General Fund to
the subaccount, less any amount transferred from specified accounts and
funds, to be expended by the board for the acquisition, enhancement, or
restoration of wildlife habitat.
Support/
Coalition 2
SB 576 Umberg D Stewardship
Coastal resources:
Climate Ready Program
and coastal climate
change adaptation,
infrastructure, and
readiness program.
9/27/2019-Approved by the
Governor. Chaptered by Secretary
of State. Chapter 374, Statutes of
2019.
Current law establishes the State Coastal Conservancy with prescribed powers
and authorizes the conservancy to address the impacts and potential impacts
of climate change on resources within its jurisdiction. Current law authorizes the
conservancy to undertake, among other things, projects that reduce
greenhouse gas emissions, address extreme weather events, sea level rise,
storm surge, and other coastal hazards that threaten coastal communities,
infrastructure, and natural resources. Current law authorizes the conservancy
to award grants to public agencies and nonprofit organizations for these
authorized activities.This bill would recast these provisions as the Climate
Ready Program to be administered by the conservancy as described above.
Support 2
AB 933 Petrie-Norris D Water
Ecosystem resilience:
watershed protection:
watershed coordinators.
2-Year Bill
Would authorize the Department of Conservation, to the extent funds are
available, to establish and administer the Ecosystem Resilience Program to
fund watershed coordinator positions, as provided, and other necessary costs,
throughout the state for the purpose of achieving specified goals, including the
goal to develop and implement watershed improvement plans, and other plans
to enhance the natural functions of a watershed, aligned with multiple statewide
and regional objectives across distinct bioregions. The bill would require the
department to develop performance measures and accountability controls to
track progress and outcomes of all watershed coordinator grants.
Support 2
10
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 394 Obernolte R Wildfire
California Environmental
Quality Act: exemption:
egress route projects: fire
safety.
10/2/2019-Vetoed by Governor.
Would, until January 1, 2025, exempt from CEQA egress route projects
undertaken by a public agency that are specifically recommended by the State
Board of Forestry and Fire Protection that improve the fire safety of an existing
subdivision if certain conditions are met. The bill would require the lead agency
to hold a noticed public meeting to hear and respond to public comments
before determining that a project is exempt. The bill would require the lead
agency, if it determines that a project is not subject to CEQA and approves or
carries out that project, to file a notice of exemption with the Office of Planning
and Research and with the clerk of the county in which the project will be
located.
Watch 2
AB 1124 Maienschein D Wildfire
Employment safety:
outdoor workers: wildfire
smoke.8/15/2019-Ordered to inactive file
at the request of Senator
McGuire.
Would require, by July 18, 2019, the Occupational Safety and Health Standards
Board to adopt emergency regulations that require employers to make
respirators available to outdoor workers on any day the outdoor worker could
reasonably be expected to be exposed to harmful levels of smoke from
wildfires, or burning structures due to a wildfire, while working. By expanding
the scope of an existing crime, the bill would impose a state-mandated local
program.
Watch 2
AB 1516 Friedman D Wildfire
Fire prevention: wildfire
risk: defensible space
and fuels reduction
management.
10/13/2019-Vetoed by the
Governor
Current law requires that a person who owns, leases, controls, operates, or
maintains an occupied dwelling or structure in, upon, or adjoining a
mountainous area, forest-covered land, brush-covered land, grass-covered
land, or land that is covered with flammable material that is within a very high
fire hazard severity zone, as designated by a local agency, or a building or
structure in, upon, or adjoining those areas or lands within a state responsibility
area, to maintain a defensible space of 100 feet from each side and from the
front and rear of the structure, as specified. A repeated violation within a
specified timeframe of those requirements is a crime. This bill would require a
person described above to utilize more intense fuel reductions between 5 and
30 feet around the structure, and to create an ember-resistant zone within 5
feet of the structure, as provided.
Support 2
11
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
AB 1823
Committee on
Natural
Resources
Wildfire
Fire protection: local fire
planning.
10/2/2019-Approved by the
Governor. Chaptered by Secretary
of State - Chapter 399, Statutes of
2019.
Current law requires the State Board of Forestry and Fire Protection, on or
before July 1, 2022, to develop criteria for and maintain a “Fire Risk Reduction
Community” list of local agencies located in a state responsibility area or a very
high fire hazard severity zone that meet best practices for local fire planning.
Current law requires the state board to consider certain things when developing
the criteria for the list, including recently developed or updated community
wildfire protection plans. This bill would also require the state board, when
considering developing criteria for the list, to consider compliance with the state
board’s regulations, including minimum fire safety standards. The bill would
require the state board to post the list on its internet website. The bill would
also repeal a duplicative and inoperative provision that incorrectly names the
list.
2
SB 182 Jackson D Wildfire
Local government:
planning and zoning:
wildfires.
2-Year Bill
Current law requires the planning agency to review and, if necessary, revise the
safety element upon each revision of the housing element or local hazard
mitigation plan, but not less than once every 8 years to identify new information
relating to flood and fire hazards and climate adaptation and resiliency
strategies applicable to the city or county that was not available during the
previous revision of the safety element. Current law requires that the Office of
Planning and Research, among other things, coordinate with appropriate
entities, including state, regional, or local agencies, to establish a
clearinghouse for climate adaptation information for use by state, regional, and
local entities, as provided. This bill would require the safety element, upon the
next revision of the housing element or the hazard mitigation plan, on or after
January 1, 2020, whichever occurs first, to be reviewed and updated as
necessary to include a comprehensive retrofit strategy to reduce the risk of
property loss and damage during wildfires, as specified, and would require the
planning agency to submit the adopted strategy to the Office of Planning and
Research for inclusion into the above-described clearinghouse.
Support 2
SB 226 Nielsen R Wildfire
Watershed restoration:
wildfires: grant program.
2-Year Bill
Would, upon appropriation by the Legislature, require the National Resources
Agency to develop and implement a watershed restoration grant program, as
provided, for purposes of awarding grants to eligible counties, as defined, to
assist them with watershed restoration on watersheds that have been affected
by wildfire, as specified. The bill would require the agency to develop guidelines
for the grant program, as provided. The bill would require an eligible county
receiving funds pursuant to the grant program to submit annually to the agency
a report regarding projects funded by the grant program, as provided.
Support 2
12
ATTACHMENT 2
MROSD Legislative Tracking Matrix
10/15/2019
SB 247 Dodd D Wildfire
Wildland fire prevention:
vegetation management.
10/2/2019-Approved by the
Governor. Chaptered by Secretary
of State. Chapter 406, Statutes of
2019.
Would require an electrical corporation, within one month of the completion of
each substantial portion of the vegetation management requirements in its
wildfire mitigation plan, to notify the Wildfire Safety Division of the completion.
The bill would require the division to audit the completed work and would
require the audit to specify any failure of the electrical corporation to fully
comply with the vegetation management requirements. The bill would require
the division to provide the audit to the electrical corporation and to provide the
electrical corporation a reasonable time period to correct and eliminate
deficiencies specified in the audit.
Watch 2
13
ATTACHMENT 2
October 9, 2019
Board Meeting 19-26
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, October 9, 2019
DRAFT MINUTES
SPECIAL MEETING
Vice-President Holman called the special meeting of the Midpeninsula Regional Open Space
District to order at 5:01 p.m.
ROLL CALL
Members Present: Larry Hassett, Karen Holman, Yoriko Kishimoto, and Curt Riffle
Members Absent: Jed Cyr, Zoe Kersteen-Tucker, and Pete Siemens
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Chief
Financial Officer/Director of Administrative Services Stefan Jaskulak,
Assistant General Manager Brian Malone, District Clerk/Assistant to the
General Manager Jennifer Woodworth, Grants Program Manager Melanie
Askay, Planner III Gretchen Laustsen, Planning Manager Jane Mark
1. Fundraising Options for the Bear Creek Stables Project (R-19-131)
General Manager Ana Ruiz provided opening comments reviewing the recent Board decision
related to the Bear Creek Stables and Board direction to evaluate different private fundraising
options. Based on the findings of the evaluation, including a lack of existing donor base,
significant upfront costs and time, lack of on-staff development expertise, high level of
uncertainty for success, and potential negative implications to the agency if donor expectations
are unmet, the recommendation is to refrain from pursuing a private fundraising endeavor for the
Bear Creek Stables Project. However, an opportunity remains for an outside group, like the
Friends of Bear Creek Stables, to fundraise for operational, programming, and small-scale
improvements in partnership with the operator.
Director Cyr arrived at 5:03 p.m.
Meeting 19-26 Page 2
Grants Program Manager Melanie Askay provided the staff report describing the District’s
previous determination not to pursue private fundraising related to Mount Umunhum, due to the
lack of staff experience and large amount of staff time needed to build a pipeline of prospective
donors. Ms. Askay then described the four fundraising scenarios that were studied for the Bear
Creek Stables Project: do not pursue fundraising; fundraise for maintenance and repairs,
fundraise for ancillary improvements; and fundraise for enhanced public access. Each of the
scenarios assume that fundraising would be completed by a third party fundraiser in close
coordination with and mobilization support from the District.
Neela Gentile with Partners in Progress, the District’s fundraising consultant, reviewed various
assumptions related to fundraising, such as committing necessary staff time, committing
financial resources from the District, a stable economy, etc. Ms. Gentile reviewed in detail the
four fundraising options, including potential benefits and costs of each.
Director Hassett inquired regarding the cost of the maintenance work if contracted by the District
versus if a third party, such as the FBCS, to complete work at the site.
General Counsel Hilary Stevenson explained that the cost would be similar because the District
owns the facility and prevailing wages would apply. Additionally, Santa Clara County valuates
volunteer work using market rates.
Director Holman spoke in favor of further conversations with the County related to this
limitation.
Ms. Ruiz reported the District is continuing conversations with the County and hopes to learn
more in November about options that support the repair project.
Director Riffle spoke in support of having conversations between District and County elected
officials related to County requirements.
Director Riffle spoke in favor of allowing a private fundraising group to pursue funds for small-
scale improvements without the involvement of the District.
Director Holman spoke in favor of speaking to potential donors as part of a feasibility
assessment.
Director Kishimoto inquired regarding the process to be used for accepting funds for small-scale
improvements and whether the Board would review the improvements to prevent any negative
effects on wildlife, etc.
Ms. Ruiz reported the third party would work with the District to approve any improvements and
with the operator because improvements would need to remain within the land use restrictions of
the property and within the bounds of the District’s lease agreement with the operator.
Ms. Askay spoke regarding potential District fundraising capacity and commitment if the Board
were to decide to pursue large scale fundraising, including the potential impact of fundraising
efforts on external relationships and reputational risk. There is potentially a negative impact on
the District’s relationships among partner organizations due to an increased competition of
limited funding.
Meeting 19-26 Page 3
Director Riffle inquired whether a separate fundraising entity is needed for future District
projects, similar to the role the Peninsula Open Space Trust plays for land acquisition.
Ms. Ruiz stated that the question is beyond the scope of the current topic and could be studied
further in next year’s Action Plan and can be a topic of discussion at the Board’s Strategic
Planning Retreat.
Director Kishimoto spoke regarding the need for a memorandum of understanding with separate
fundraising entities, and individual fundraising entities could focus on various areas or preserves
within the District.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak reviewed the
potential fiscal impact of each of the four options.
Director Hassett suggested the fundraising campaign goal for option 3 should also include
fundraising $1 million for deferred maintenance.
Public comments opened at 6:16 p.m.
Melany Moore with the Friends of Bear Creek Stables reported on a meeting with Santa Clara
County Supervisor Mike Wasserman related to the project. Ms. Moore reported the FBCS
reported has not yet approached any potential donors. The FBCS supports restoration and
reopening of the historic barn, which would create a public meeting area and potentially a venue
for other public events or meetings. Ms. Moore spoke in favor of the FBCS Board of Directors
meeting with the District Board of Directors.
Ms. Ruiz reported that expanding the use for the historic barn would trigger a use permit
requirement from Santa Clara County and the associated high-cost upgrades, which would
increase the amount of funds needed. Additionally, Ms. Ruiz reported that the funds raised by the
FBCS are in the form of grants rather than individual donations.
Nancy Cole read comments from the Board of the FBCS, which spoke in favor of public access
and education at the Bear Creek Stables.
Public comments closed at 6:28 p.m.
Director Kishimoto spoke in favor of the deferred maintenance option stating to maintain the site
without expanding the use and the associated required upgrades.
Director Riffle inquired if approving Option 1 would prevent a third-party fundraiser from
providing funds to cover costs for deferred maintenance.
Ms. Askay reported that if the Board approves the recommended actions, the District will not be
entering into a MOU with the FBCS and incur any associated potential risks. Staff outlined an
option that will allow improvements to move forward sooner.
Ms. Ruiz stated that a third-party fundraiser would be able to raise funds to support the ongoing
success of the stables to fund programs, operations, and other capital improvements consistent
with the Lease provisions.
Meeting 19-26 Page 4
Assistant General Manager Brian Malone stated that if a fundraising option was pursued an
MOU would be important for the District and the FBCS because it would specify various
requirements for each entity, such how funds would be used. However, the FBCS has
successfully worked with the District in the past to support small improvements at the stables,
such as those already included in the site plan.
Director Riffle inquired if the deferred maintenance projects would have to stop once Measure
AA funds were depleted.
Ms. Ruiz reported that the deferred maintenance projects represent critical repairs and additional
funds would be required, potentially from grants, Measure AA funds, or the general fund.
Director Hassett inquired if Santa Clara County would be willing to contribute funds to the
project.
Ms. Ruiz reported Santa Clara County staff is researching potential methods of reducing overall
project costs, such as permitting costs and allowing more work to be completed now to reduce
inflation costs. Asking for a contribution from the County may come at a later date depending on
which option the Board approves and the size of the remaining funding gap.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to:
1. Based on an evaluation of private fundraising options, including the lack of an existing donor
base, need for training and significant up front costs and effort, lack of on-staff development
expertise, high level of uncertainty regarding success, and potential negative implications to
the agency if donor expectations are unmet, the General Manager recommends refraining
from pursuing a public-private fundraising endeavor for the Bear Creek Stables Project.
However, an opportunity remains for a private group, like the Friends of Bear Creek Stables,
to fundraise for operational, programming, and improvements in partnership with the
operator.
2. If item (1) is approved, direct the General Manager to exclusively focus on implementing the
Board-approved Deferred Maintenance Repairs Option and scope of work, no longer
attempting to preserve the large-scale public access improvements as part of the redesign and
subsequent construction work, with the understanding that the Board of Directors retains the
ability to implement the large-scale public access improvements at a future date.
Friendly Amendment: Director Holman suggested removing “small-scale” as a description of
improvements in recommendation 1.
Director Kishimoto and Director Cyr accepted the Friendly Amendment.
Karen Read spoke in favor of the current wording of the recommendation that represents the
status quo for the FBCS seeking grant funds. Additionally, the FBCS has not previously sought
funds for capital projects.
VOTE: 5-0-0 (Directors Kersteen-Tucker and Siemens absent)
Meeting 19-26 Page 5
ADJOURNMENT
Vice-President Holman adjourned the special meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 6:51 p.m.
REGULAR MEETING
Vice-President Holman called the regular meeting of the Midpeninsula Regional Open Space
District to order at 7:01 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Yoriko Kishimoto, and Curt Riffle
Members Absent: Zoe Kersteen-Tucker and Pete Siemens
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Susanna Chan, Chief Financial Officer/Director of
Administrative Services Stefan Jaskulak, Assistant General Manager Brian
Malone, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Senior Planner Tanisha Werner, Senior Planner Scott Reeves
Vice-President Holman appointed Director Kishimoto to serve as Secretary Pro Tem for the
evening.
ORAL COMMUNICATIONS
No speakers present.
General Manager Ana Ruiz provided comments regarding the recent tragic events that occurred
at Rancho San Antonio. The Board observed a moment of silence for Dr. Lawrence Lupash.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Cyr seconded the motion to adopt the agenda.
VOTE: 5-0-0 (Directors Kersteen-Tucker and Siemens absent)
CONSENT CALENDAR
Public comment opened at 7:05 p.m.
No speakers present.
Public comment closed at 7:05 p.m.
Motion: Director Cyr moved, and Director Riffle seconded the motion to approve the Consent
Calendar.
Meeting 19-26 Page 6
VOTE: 5-0-0 (Directors Kersteen-Tucker and Siemens absent)
1. Approve September 25, 2019 Minutes
2. Claims Report
3. Approval of Settlement Terms and Authorization to Execute a Corrected Easement
in Exchange for Dismissal of Scranton v. Prokofyeva and Midpeninsula Regional Open
Space District, Santa Clara County Superior Court Case No. 19CV345161, a Quiet Title
Action related to Access on a Private Access Road, in Sierra Azul Open Space Preserve
(Santa Clara County Assessor’s Parcel Number 532-25-051) (R-19-132)
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Approve the settlement terms outlined in the report, and adopt a Resolution authorizing
the execution of a corrected and amended easement to acknowledge an existing easement on a
private access road that crosses Sierra Azul Open Space Preserve.
BOARD BUSINESS
4. Administrative Office Project – Design Development Approval (R-19-130)
Assistant General Manager Susanna Chan provided the staff report and presented options for the
building signage at the corner of El Camino Real.
Director Holman spoke in favor of integrated the sign that more naturally integrates into the rock
wall and includes the full street name “El Camino Real” on the sign.
Director Hassett spoke in favor of the vertical sign alignment with additional stonework coming
up below the sign similar to option 3.
Director Riffle spoke in favor of option 3.
Director Cyr spoke in favor of the vertical alignment and integrating the sign more into the rock
wall rather than in front of the wall.
Director Kishimoto spoke in favor of the horizontal alignment of the sign and the original size of
the logo.
By consensus, the Board selected the vertical alignment of the sign inset into the rock wall with
the inclusion of “5050 El Camino Real.”
Ms. Chan provided an update on the various source wood options for the project.
Eric Skiba and Amy Watson with Noll & Tam Architects provided updates on various aspects of
the design that incorporate the Board’s previous comments.
The Board provided feedback regarding the design of the dais.
Meeting 19-26 Page 7
By consensus, the Board selected option 2 for the design of the dais with incorporation of the
District’s logo.
The Board provided feedback regarding the design options for the glass doors in the Board room.
Director Holman requested an update on use of bird safe glass.
Mr. Skiba reported that the use of bird safe glass is included in the base estimate, and the design
includes use of bird safe glass that has been tested and approved by the American Bird
Conservancy.
Mr. Skiba reviewed the project cost estimate reporting that the estimate is currently $25.5
million, which is under the Board-approved $27.6 million budget. Mr. Skiba reviewed several
potential alternates for consideration.
By consensus, the Board included alternates 1, 2, 4, and 6 in the project design. Installation of
solar panels may be pursued a separate project.
Public comments opened at 8:45 p.m.
No speakers present.
Public comments closed at 8:45 p.m.
Motion: Director Hassett moved, and Director Kishimoto seconded the motion to approve the
design development plans to reconfigure and repurpose the recently purchased office building
located at 5050 El Camino Real, Los Altos, California, allowing the project to proceed into
construction documents and permitting, incorporating feedback received from the Board.
VOTE: 5-0-0 (Directors Kersteen-Tucker and Siemens absent)
INFORMATIONAL REPORTS
A. Committee Reports
Director Hassett reported the Legislative Funding and Public Affairs Committee met on
Tuesday, October 8, 2019 to discuss recognition for the District’s forty-year docent and proposed
changes to the Personnel Policies and Procedures Manual
B. Staff Reports
Assistant General Manager Brian Malone commented on the District’s work with the San Jose
Conservation Corps and an award from the organization recognizing the District’s support of the
program and its participants. Mr. Malone provided a report on the District’s response to the
planned Public Safety Power Shutoff and the current red flag fire conditions. Mr. Malone also
provided an update on preserves closed during the red flag conditions.
Real Property Manager Mike Williams reported the City of Half Moon Bay approved the District
and POST’s letters of intent related to Johnson Ranch and Bay to the Sea Trail.
Meeting 19-26 Page 8
Ms. Chan reported staff attended and provided comments to Santa Clara County Board of
Supervisors related to the Stanford General Use permit application.
Ms. Ruiz reported on a meeting she and Directors Hassett, Kishimoto, and Riffle attended with
representatives from the Town of Portola Valley related the Hawthorns property.
C. Director Reports
The Board members submitted their compensatory reports.
Director Riffle reported he will be attending an event being held by the Silicon Valley Bicycle
Coalition.
Director Kishimoto reported her attendance at the Sierra Club Guardians of Nature event.
Director Kishimoto reported on a recent meeting of the Santa Clara County LAFCO and her
attendance at the Santa Cruz Mountain Stewardship Network’s final Spotlight Stewardship
event.
Director Holman suggested writing a letter of thanks to Santa Clara County Supervisor Joe
Simitian to thank him for his efforts related to the Stanford General Use permit application.
Director Holman reported she sat on a panel regarding climate resiliency and sea level rise in
Oakland and attended the Sierra Club Guardians of Nature event.
ADJOURNMENT
Vice-President Holman adjourned the meeting of the Board of Directors of the Midpeninsula
Regional Open Space District into closed session at 9:13 p.m.
CLOSED SESSION
Vice-President Holman called the closed session to order at 9:13 p.m.
ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Karen Holman, Yoriko Kishimoto, and Curt Riffle
Members Absent: Zoe Kersteen-Tucker and Pete Siemens
Staff Present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Susanna Chan, Chief Financial Officer/Director of
Administrative Services Stefan Jaskulak, Real Property Manager Mike
Williams, Senior Real Property Agent Allen Ishibashi
Public comments opened at 9:13 p.m.
No speakers present.
Public comments closed at 9:13 p.m.
Meeting 19-26 Page 9
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code
Section 54956.8)
Property: Santa Clara County APN: 170-04-051
Agency Negotiator: Allen Ishibashi, Senior Real Property Agent
Negotiating Party: Kirk Trammell, Marcus & Millichap and Joel Yungen, Colliers
International
Under Negotiation: Price and terms of payment
Vice-President Holman reported the Board met in closed session, and no reportable action was
taken.
ADJOURNMENT
Vice-President Holman adjourned the regular meeting of the Board of Directors of the
Midpeninsula Regional Open Space District at 9:45 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-27
MEETING DATE: October 23, 2019 Fiscal Year to date EFT:50.07%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment
Amount
1296 EFT 10/18/2019 12086 - Coastwide Environmental Technologies, Inc.Lysons Demolition Project 99,275.00
1272 EFT 10/07/2019 *12052 - 4984 EL Camino LLC September/October Monthly Rent for AO2/A03/A04 68,704.00
80627 Check 10/11/2019 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Zoning Amendments Vision Plan Projects 32,290.00
1277 EFT 10/11/2019 *10214 - Delta Dental October 2019 Dental Premium 16,697.78
1291 EFT 10/11/2019 *10216 - VALLEY OIL COMPANY Fuel for District vehicles 16,070.29
1283 EFT 10/11/2019 11859 - Horizon Water and Environment, LLC Programmatic Environmental Permitting 8,509.84
1284 EFT 10/11/2019 *10419 - LINCOLN NATIONAL LIFE INSURANCE COMPANY LTD/AD&D October 2019 7,669.08
80617 Check 10/11/2019 11561 - AM PARTY RENTALS Volunteer Recognition Event - Tent, canopies, tables (equipment)7,283.28
1279 EFT 10/11/2019 12016 - EVAN BROOKS ASSOCIATES Public Access Grant Program Consulting 7,250.00
80619 Check 10/11/2019 11898 - BAY AREA TREE SPECIALISTS Masticate for fire safety/trim over hanging trees 6,000.00
1312 EFT 10/18/2019 *11118 - Wex Bank Fuel for District vehicles 5,806.27
80636 Check 10/18/2019 11772 - AHERN RENTALS, INC.Dozer Rental for Roadwork 9/10 - 10/8 5,142.94
80616 Check 10/11/2019 11772 - AHERN RENTALS, INC.Single Drum Roller Rental for Roadwork 8/5 - 9/2 4,815.19
1301 EFT 10/18/2019 10642 - Forensic Analytical Consulting Services, Inc.Lead & Asbestos Testing 4,335.00
1285 EFT 10/11/2019 10791 - LSA Associates, Inc.Alpine Rd. CEQA/Permit Support and LHC Loop Trail Permit Support 4,206.25
1274 EFT 10/11/2019 11170 - ALEXANDER ATKINS DESIGN, INC.Highway 17 Crossings Logo Design 3,212.50
80622 Check 10/11/2019 11806 - PACIFIC HIGHWAY RENTALS, LLC BCR Changeable Message Board Rentals 7/31 - 8/28 3,186.46
80639 Check 10/18/2019 12094 - City and County of San Francisco License and Consent Fee - Bay Trail Connection to Ravenswood OSP 3,166.65
1303 EFT 10/18/2019 10222 - HERC RENTALS, INC.Equipment Rental (FOOSP) 8/29 - 9/28 3,157.25
80621 Check 10/11/2019 10313 - JOHN SHELTON INC 48"X20' Culverts, Qty. 2 2,718.08
1290 EFT 10/11/2019 11724 - THE DRIVING COMPANY, INC.1 day Basic Off Road Course 2,560.00
1280 EFT 10/11/2019 12099 - Full Court Press Communications, Inc.Media Training: September 11, 2019 2,500.00
80628 Check 10/11/2019 11627 - SOUTH BAY ACCESS SOLUTIONS New solar panel Installation for WH gate 2,175.00
1304 EFT 10/18/2019 10452 - IFLAND SURVEY Survey for Purisima Upland - Lot Line Adjustment 2,110.00
80644 Check 10/18/2019 *11184 - PURCHASE POWER - PITNEY BOWES POSTAGE AO - Postage Meter Refill 2,044.99
1275 EFT 10/11/2019 *10128 - AMERICAN TOWER CORPORATION Site Lease, Coyote Creek 1,990.25
80629 Check 10/11/2019 *11730 - STANDARD INSURANCE COMPANY RV Basic/Supplemental Life - Benefit 1,979.58
1287 EFT 10/11/2019 *10212 - PINNACLE TOWERS LLC Tower Rental - Skeggs Point October 2019 1,945.05
1288 EFT 10/11/2019 12031 - Ray & Jan's Mobile Truck Service 5K Service - P85, M204, M203, P103, P96, P95, P107, P101, P116 1,940.19
80633 Check 10/11/2019 12050 - Wiss, Janney, Elstner Associates, Inc.Mt. Umunhum Radar Tower Assessment Project 1,886.25
80650 Check 10/18/2019 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT App Fee for General Plan Determination 1,744.50
80615 Check 10/11/2019 10812 - A TOOLSHED EQUIPMENT RENTAL, I BCR Drive Tiller & Trailer Rental - Restoration Area 1,721.00
1297 EFT 10/18/2019 10546 - ECOLOGICAL CONCERNS INC Plant Maintenance, Harkins Bridge Mitigation 1,664.00
1300 EFT 10/18/2019 11151 - FASTENAL COMPANY Personal Protective Equipment/Hardware Restock 1,601.05
80642 Check 10/18/2019 11806 - PACIFIC HIGHWAY RENTALS, LLC BCR Changeable Message Board Rentals 9/6 - 9/20 1,571.40
80648 Check 10/18/2019 10324 - RICH VOSS TRUCKING INC Deliver Class II Base Rock for SFO Stock 1,550.00
1286 EFT 10/11/2019 10140 - PINE CONE LUMBER CO INC Lumber - GP 1,505.94
80618 Check 10/11/2019 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Legal Bid Notices 1,468.56
1311 EFT 10/18/2019 *10213 - VISION SERVICE PLAN-CA Vision Premium - October 2019 1,421.42
80646 Check 10/18/2019 10195 - REDWOOD GENERAL TIRE CO INC P107 New Tires 1,388.25
Electronic funds transfer (EFT) for accounts payable disbursements to reduce
check printing and mailing, increase payment security, and ensure quicker receipt
by vendors
page 1 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-27
MEETING DATE: October 23, 2019 Fiscal Year to date EFT:50.07%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment
Amount
Electronic funds transfer (EFT) for accounts payable disbursements to reduce
check printing and mailing, increase payment security, and ensure quicker receipt
by vendors
80631 Check 10/11/2019 12104 - Waste Busters, Inc Bin Rental 1,241.68
1276 EFT 10/11/2019 12087 - Augustine, Ryan Reimbursement for Ranger at Academy 1,100.00
80623 Check 10/11/2019 11129 - PETERSON TRUCKS INC.Vehicle Repair 1,056.40
1273 EFT 10/11/2019 10001 - AARON'S SEPTIC TANK SERVICE Sanitation Services - RSACP 990.00
80624 Check 10/11/2019 11518 - RANCHING BY NATURE Fence Repair on Lone Madrone Ranch 980.00
1302 EFT 10/18/2019 10187 - GARDENLAND POWER EQUIPMENT Chain saw bars, pole saw repairs, brush cutter repairs & chainsaw parts 930.76
80651 Check 10/18/2019 11988 - SWITKY COMMUNICATIONS GROUP Create Brand Guide 7/1/19 - 8/21/19 866.25
80630 Check 10/11/2019 10403 - UNITED SITE SERVICES INC Restroom Services for Volunteer Recognition Event 823.99
80626 Check 10/11/2019 *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)668.00
1294 EFT 10/18/2019 10723 - Callander Associates Ravenswood Bay Trail Connection Design & Construction Mgmt 627.63
1305 EFT 10/18/2019 10925 - Papé Machinery T-27 screens for AC/hydraulic oil/ripper tooth (T20)548.26
1282 EFT 10/11/2019 12088 - GSL Fine Lithographers 4 Panel Rack Brochure - Budget in Brief 536.28
80637 Check 10/18/2019 *10454 - CALIFORNIA WATER SERVICE CO-949 Fire Flow Test - 5050 El Camino 525.00
80632 Check 10/11/2019 10527 - WASTE MANAGEMENT DHF & GP debris disposal 499.85
1292 EFT 10/18/2019 10001 - AARON'S SEPTIC TANK SERVICE PuR Pumped 1 Vault 495.00
80635 Check 10/18/2019 10261 - ADT LLC (Protection One)Alarm Services 10/28/19 - 11/27/19 469.86
80649 Check 10/18/2019 *10136 - SAN JOSE WATER COMPANY San Jose Water Services - BCR 435.44
1295 EFT 10/18/2019 10352 - CMK AUTOMOTIVE INC Vehicle Service - A105, A98, A96 428.33
1281 EFT 10/11/2019 10187 - GARDENLAND POWER EQUIPMENT Part for Power Pruner 411.82
1289 EFT 10/11/2019 11429 - SAN MATEO COUNTY PARKS DEPARTMENT Magnectic sign printing service 386.37
80647 Check 10/18/2019 10935 - RICE TRUCKING-SOIL FARM Water Delivery at Toto 371.01
80634 Check 10/18/2019 12041 - A T & T Mobility (FirstNet)EOC monthly phone service 352.95
80625 Check 10/11/2019 11526 - REPUBLIC SERVICES Monthly Garbage Service - 16060 Skyline 281.90
1293 EFT 10/18/2019 10082 - Advantage Anaheim Postcard Paper 257.24
1306 EFT 10/18/2019 12031 - Ray & Jan's Mobile Truck Service P85 Pinion seal replacement 244.04
80620 Check 10/11/2019 10184 - CONTINUING EDUCATION OF THE BAR Subscription Condemnation Practice 243.33
80640 Check 10/18/2019 10509 - GEOCON CONSULTANTS INC Bear Creek Dump Investigation 240.00
80638 Check 10/18/2019 10168 - CINTAS FFO & SFO shop rag service 168.95
1308 EFT 10/18/2019 10302 - STEVENS CREEK QUARRY INC FOOSP - Rock for road repairs - Vista Loop 162.98
1313 EFT 10/18/2019 12081 - Wolff, Elena Mileage reimbursement - September 2019 120.23
1310 EFT 10/18/2019 11596 - Toshiba America Business Solutions Plotter printer costs - 08/15/2019 - 09/14/2019 118.83
1307 EFT 10/18/2019 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan - August 2019 69.00
1299 EFT 10/18/2019 10524 - ERGO WORKS 2 Ergonomic document holders 54.41
80643 Check 10/18/2019 11129 - PETERSON TRUCKS INC.M22 Coolant 30.39
80645 Check 10/18/2019 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)29.24
1309 EFT 10/18/2019 10146 - Tires On The Go Tire Repair for A96 20.00
1278 EFT 10/11/2019 10524 - ERGO WORKS Ergonomics - 1 Gel wrist pad 19.18
1298 EFT 10/18/2019 11549 - EMSL ANALYTICAL, INC Supplies - wipes and tubes for testing 13.49
80641 Check 10/18/2019 10670 - O'REILLY AUTO PARTS Fuse(s) & wiper fluid 13.37
Grand Total 363,094.75
page 2 of 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLAIMS REPORT
MEETING # 19-27
MEETING DATE: October 23, 2019 Fiscal Year to date EFT:50.07%
Fiscal Year 18-19 EFT:29.44%
Payment
Number
Payment
Type
Payment
Date
Notes Vendor No. and Name Invoice Description Payment
Amount
Electronic funds transfer (EFT) for accounts payable disbursements to reduce
check printing and mailing, increase payment security, and ensure quicker receipt
by vendors
*Annual Claims
**Hawthorn Expenses
A### = Administrative Office Vehicle HR = Human Resources P### = Patrol Vehicle SCNT = Stevens Creek Nature Trail
AO2, AO3, AO4 = Leased Office Space IPM = Invasive Plant Maintenance PCR = Purisima Creek Redwoods SCS = Stevens Creek Shoreline Nature Area
BCR = Bear Creek Redwoods ISM = Invasive Species Management PIC= Picchetti Ranch SFO = Skyline Field Office
CAO = Coastal Area Office LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap
CC = Coal Creek LR = Long Ridge RR = Russian Ridge SJH = Saint Joseph's Hill
DHF = Dear Hollow Farm LT = Los Trancos RR/MIN = Russian Ridge - Mindego Hill SR= Skyline Ridge
ECdM = El Corte de Madera M### = Maintenance Vehicle RSA = Rancho San Antonio T### = Tractor or Trailer
ES = El Sereno MB = Monte Bello RV = Ravenswood TC = Tunitas Creek
FFO = Foothills Field Office MR = Miramontes Ridge SA = Sierra Azul TH = Teague Hill
FOOSP = Fremont Older Open Space Pres.OSP = Open Space Preserve SAO = South Area Outpost TW = Thornewood
GP = General Preserve SAU = Mount Umunhum WH = Windy Hill
Abbreviations
page 3 of 3
R-19-134
Meeting 19-27
October 23, 2019
AGENDA ITEM 3
AGENDA ITEM
Approval of Amendments to the Personnel Policies and Procedures Manual
GENERAL MANAGER’S RECOMMENDATION
Adopt a Resolution approving the amendments to the Personnel Policies and Procedures Manual.
SUMMARY
The Board of Directors (Board) adopted the Personnel Policies and Procedures Manual
(“Personnel Manual”) for the Midpeninsula Regional Open Space District (District) in 2007,
with revisions approved in 2009 and 2017. The Personnel Manual applies to all District
employees (unless specific language is superseded by an existing Memorandum of
Understanding for represented staff who are part of the Field Employees Association (FEA)).
The recommended changes to the Personnel Manual will correct outdated job titles and
language; ensure compliance with new federal and state laws; ensure compliance with rules and
policy changes that impact employee benefits such as procedures related to the California Public
Employees’ Retirement System (CalPERS); and incorporate certain changes to the FEA
Memorandum of Understanding (“MOU”) that are intended to apply to all District employees,
especially those related to compensation and benefits.
The Legislative Funding and Public Affairs Committee (LFPAC) reviewed the revised Personnel
Manual on October 8, 2019 and recommended that it be forwarded to the full Board for
consideration of approval.
DISCUSSION
The Personnel Manual was adopted in 2007, and amended in 2009 and 2017. As stated in the
Personnel Manual, its purpose is “to provide a system of personnel administration based upon
fairness, reasonableness, uniformity and equity to help ensure that the District utilizes sound
management practices, complies with applicable Federal, State and local laws and operates
efficiently and effectively; and to protect and clarify the rights and responsibilities of both the
employees and the District.”
The Personnel Manual applies to all employees unless specific language is superseded by an
MOU, as it applies to members of the FEA. The current MOU between the District and FEA was
approved by the Board in September 2018. To the extent that the Personnel Manual differs from
or conflicts with the MOU, the MOU prevails for members of the FEA. The District’s past
practice is to update the Personnel Manual to include those policy changes in the FEA MOU that
apply to all employees. This practice promotes fairness, equity and uniformity in policies,
R-19-134 Page 2
administrative procedures and benefits. The Personnel Manual as amended in 2017 is no longer
current, prompting staff to review and update the document.
This process included a thorough review and editing by Human Resources (HR) staff and the
General Manager’s Office in conjunction with the Legal Department. The Personnel Manual
was also reviewed by outside legal counsel to ensure that all changes comport with current laws.
Previously, the Board expressed interest in whether staff had been given the opportunity to
review and comment on the Personnel Manual before Board approval. This year, staff was
invited to review and comment on the newly revised Personnel Manual as the last step in the
review process before forwarding the proposed revisions to LFPAC and the full Board for
review.
Generally, the proposed revisions fall into the following categories:
• General Clean Up: Clean-up of non-substantive language, including headings and job titles.
• MOU Related: Edits to ensure that applicable changes to the FEA MOU are implemented
for non-represented employees.
• Clarification: Clarifying procedures, policies, and benefits.
• Comport with New Law: Edits to ensure that policies and procedures comport with current law.
• Staff Feedback: Response to policy feedback from staff.
FISCAL IMPACT
Fiscal impacts related to salaries and benefits were analyzed in 2018 when the Board approved
the FEA MOU. These changes have already been incorporated into the adopted FY 2019-20
budget.
The proposed increase to tuition reimbursement from $800 to $1,200 per employee per fiscal
year is expected to have a nominal fiscal impact. The increase to $1,200 approximates the
tuition for one class at San Jose State University (tuition for a 3 or 4 unit class is $1,116 to
$1,488). The current average annual cost to the District for tuition reimbursement is $3,300 per
year. Based on the fifty percent (50%) increase, the annual cost is expected to rise $1,666 per
year to a projected cost of $5,000 per year for tuition reimbursement District-wide. Costs may
increase in fiscal year 2019-20 as more employees may utilize this benefit due to the increase of
the reimbursement amount.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
BOARD COMMITTEE REVIEW
The Legislative, Funding and Public Affairs Committee (LFPAC) discussed this item at its
October 8, 2019, meeting and approved the proposed amendments for consideration by the full
Board (Attachment 3). As requested by LFPAC members, staff revised Section 3.2 for greater
clarity and inclusivity.
R-19-134 Page 3
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
Rollout the updated Personnel Manual to the staff.
The Personnel Manual will likely be amended again in Fiscal Year 2021-22 when the FEA MOU
is next scheduled to be updated.
Attachments
1. Summary of Proposed Revisions
2. Draft Resolution Adopting the Amended Personnel Policies and Procedures Manual
3. LFPAC October 8, 2019 draft minutes
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer/Director of Administrative Services
Staff Contact:
Candice Basnight, Human Resources Manager
ATTACHMENT 1
Midpeninsula Regional Open Space District
Summary of Proposed 2019 Revisions to the Personnel Policies & Procedures Manual
Page 1 of 4
This document summarizes the proposed 2019 revisions to the Personal Policies & Procedures Manual
(PP&PM). Each change proposed and/or made to the PP&PM is listed below, and includes a reference to the
Section/Title of the PP&PM that the item pertains to, the type of change made and/or relevant feedback
received from staff, and an explanation of the action taken, including any revisions. Each ‘Type of Change’
is categorized as follows:
General Clean-up Clean up non-substantive language, including headings, correct
policy titles when referenced, job titles, punctuation/grammar,
abbreviations, replace use of “his/her” with “their;” add
“registered” to any reference of “domestic partner” to read
“registered domestic partner.”
MOU related edits Ensure applicable changes to the 2018 FEA MOU are implemented
for non-represented employees.
Clarification of policy or procedure Clarify policy, procedure, or benefit.
Comport with law Ensure policies and procedures are lawful.
Staff feedback (in blue) Status on policy feedback from staff.
Section / Title Type of Change Summary of Change
Entire Document
Language Changes, Gender Neutral
and Inclusive
Staff acknowledged and
appreciated the changes to
gender -neutral language
and acknowledgement of
additional protected classes
in the document. Staff
suggested additional edits in
line with language changes
throughout the document.
Changes made.
Additional edits were made throughout the document to add more
gender neutral and inclusive language, per staff recommendation.
Policy 1 General Provisions
1.10 FLSA Comport with law Added new section to acknowledge District’s obligation to comply
with FLSA.
1.6 Reasonable Accommodations Staff requested language
edits in accordance with
Americans with Disabilities
Act to reference individuals
with disabilities in third-
person, which is more
respectful.
Changes made.
Additional edits made per staff recommendation.
Policy 2 Job Classifications
2.2.C Applicable Pay Following
Reclassification
Clarification of procedure Clarified that the incumbent is assigned to a salary step within the
new classification salary range that is closest to a five (5) percent
increase. Clarified that reclassification pay increases are not
retroactive. Clarifications are consistent with current practice.
Policy 3 Recruitment and Selection
3.2 Equal Opportunity
Employer/Applicant Reasonable
Accommodation
Comport with law
Clarification of policy
Updated the list of protected classifications.
Also added clarifications to the language per LFPAC input.
3.2 Equal Opportunity
Employer/Applicant Reasonable
Accommodation
Staff expressed concern that
“political affiliation” was
edited out of the language.
Staff stated that this is a
diversity issue and should be
reconsidered.
Changes made.
Political affiliation was retained in the language per staff
recommendation.
ATTACHMENT 1
Midpeninsula Regional Open Space District
Summary of Proposed 2019 Revisions to the Personnel Policies & Procedures Manual
Page 2 of 4
Section / Title Type of Change Summary of Change
3.3 Qualification of Applicants Staff requested no credit
check in screening
applicants. Concern for
discrimination of applicants
based on poor credit ratings.
Changes made.
Credit check language removed.
The District will conduct further research on this topic with the plan
of developing a comprehensive recruitment and selection
administrative policy that may include credit checks for specific
District classifications with significant fiduciary responsibilities.
Policy 4 Terms of Employment
4. Terms of Employment- Workplace
Relationships
Staff requested additional
language regarding
relationships that may
create problems in the
workplace such as romantic
partnerships.
No additional changes at this time.
The District recognizes staff concerns regarding romantic and other
relationships that may cause problems in the workplace.
Relationships are difficult to regulate through policy. The District
will continue to provide staff with resources, training and support to
develop and maintain appropriate workplace relationships with all
staff.
4.2 Workday
4.2.A Meal Breaks
Clarification of procedure Included nine hour workday for 9/80 schedules, to account for
authorized flexible schedule arrangements.
4.4.B “At-Will” Status for Upper
Management
General clean-up Broadened at-will employees to include Assistant General Counsel
I-II and District Clerk/Assistant to the General Manager. Changed
title to “At-Will Status for Managers”.
4.5.E “At-Will” Managers Clarification of procedure Clarified that “at-will” employees receive annual evaluations.
4.7 Employment of Relatives Clarification of policy Expanded definition of conflict of interest in hiring relatives.
Clarified that a relative cannot participate in the disciplinary
process for a relative. Explained that the District can determine
whether there is a possible violation of this policy, stating that the
District can have employees working together as long as the policy
is not violated and that it is the duty of the employee(s) to notify the
District of a potential conflict of interest.
Policy 5 Compensation
5. Compensation-Bilingual Pay Staff requested a section be
added for bilingual pay for
District employees who
provide translation
services, spoken and
written.
No change at this time.
This item is currently being addressed through a separate process
by the District.
5. Compensation-Commuter
Incentives
Staff requested a section be
added for commuter
incentives.
No change.
An Administrative Policy captures the Commuter Incentives pilot
program. The Board of Directors established policy guidance for
the Commuter Incentives program in the Board’s Climate Action
Plan and Climate Change Policy.
5.3 Pay After Promotion Clarification of procedure Clarified that the employee is assigned to the beginning step of the
new salary range or a five (5) percent increase in their existing
regular rate of pay, whichever is closest to a five (5) percent
increase, consistent with current practice.
5.4.C Duration of Acting Pay Clarification of procedure Added 960-hour fiscal year limitation for acting assignments/pay in
accordance with AB 1487 (effective as of January 2018).
5.5.A Work Week MOU related edits / Comport
with law
Added definition of workweek to match language in the FEA 2018
MOU.
5.8 Meritorious Pay for “At-Will”
Managers
General clean-up Changed title to “Meritorious and Severance Pay for At-Will
Managers.”
5.8.A Meritorious Pay General clean-up Refer back to section 4.4.B for the definition of at-will managers.
5.8.B Severance Pay General clean-up Refer back to section 4.4.B for the definition of at-will managers.
ATTACHMENT 1
Midpeninsula Regional Open Space District
Summary of Proposed 2019 Revisions to the Personnel Policies & Procedures Manual
Page 3 of 4
Section / Title Type of Change Summary of Change
Policy 6 Benefits
6.1.B Cafeteria Plan MOU related edits Matched to language in the FEA 2018 MOU.
6.3.3 Professional
Development/Educational
Opportunities
Staff encouraged the
District to adjust the amount
of tuition reimbursement of
$800 per fiscal year per
employee.
Changes made.
Adjusted the amount for tuition and book reimbursement per fiscal
year per employee from $800 to $1,200.
6.4.B through E MOU related edits Updated subsections B and C to match language in the FEA 2018
MOU. Deleted subsections D and E, as they are no longer
applicable. Remaining subsections re-lettered.
Policy 7 Leave Time
Policy 7 Leave Time Clarification of procedure Added language to acknowledge the GM’s authority to close the
AO to the public for winter holiday week.
7.3.A Administrative Leave-Salaried
Employees Allotment
Clarification of procedure Added 88 hours of administrative leave for AGMs, CFO/Director
of Administrative Services, and the District Clerk/Assistant to the
GM to acknowledge their attendance at Board/Committee meetings,
public workshops, and sponsored events.
Updated the 64 hours of administrative leave to apply to all
Department Managers and the Assistant General Counsel I-II.
7.3.A.4 Allotment Clarification of procedure Updated #4 as the accrual is per pay period, not quarterly.
7.3.A.5 Allotment Clarification of procedure Deleted #5 which stated that an annual payroll memo listing the
number of administrative leave hours is sent to each employee in
the first pay period of each calendar year. This is not the current
practice.
7.4.B.3 Vacation Usage Comport with law Updated language to comply with clarification in federal tax law.
7.5.A Sick Leave Accrual Comport with law Added reference to Administrative Policy 3.06, which addresses
paid sick leave for temporary and/or part-time employees, including
seasonal employees.
7.5.B Sick Leave Usage MOU related edits / Comport
with law
Updated to match language in the FEA 2018 MOU.
Added applicable language to comport with law.
7.8.A Military Leave Comport with law Added applicable language to comport with law.
7.9.4 Leave of Absence / General
Unpaid Leave
Clarification of procedure Changed language from excess of twenty working days to (2)
complete pay periods for clarification.
Policy 8 Employee Conduct and Discipline
8.2 Conduct Subject to Discipline Staff recommended the
District develop a policy or
Code of Conduct addressing
workplace bullying and
abusive conduct to promote
a collaborative and safe
workplace for all employees.
Staff stated that currently
there isn’t sufficient policy
coverage addressing this
type of behavior/conduct in
the workplace.
No change at this time.
At this time, the District’s policy comports with laws regarding
appropriate and lawful workplace behavior. Depending on
capacity/resource loading, the District will consider developing an
administrative policy addressing staff conduct/workplace ethics in
the upcoming fiscal year.
8.3.2 First Level Discipline / Warning
Notice
Clarification of procedure Clarified that completion of the employee’s annual written
performance evaluation is a condition for removing a written
warning from their personnel file.
ATTACHMENT 1
Midpeninsula Regional Open Space District
Summary of Proposed 2019 Revisions to the Personnel Policies & Procedures Manual
Page 4 of 4
Section / Title Type of Change Summary of Change
Appendix A Catastrophic Leave Program
A.3 Conditions for Donating
Employees
Staff requested changing
the requirement for
donating employee to
provide two (2) hours of
another type of accrued
leave for one (1) hour of
sick leave.
Changes made.
The revised policy allows one (1) hour of accrued sick leave to be
donated for every one (1) hour of other types of accrued leave time.
Appendix B Family and Medical Leave
B.6 Pay and Benefits While on
Family Medical Leave
Request the District provide
full pay for disability
portion of FMLA leave
rather than the employee
covering the sick time with
their accrued sick leave for
the portion not covered by
State Disability Insurance
(SDI) by the state.
No change to this benefit.
District benefits include State Disability Insurance (SDI)
administered through the California Employment Development
Department (EDD), which allows for 60-70% of lost wages covered
during extended leave. The remainder 40-30% of time may be
covered by an employee’s accrued leave, including sick leave. The
District allows this integration of paid leave so that employees may
receive an amount equal to their regular paycheck while out on
leave. This benefit is competitive with local public agencies.
Appendix C Prohibition Against Discrimination, Harassment And Retaliation
Appendix C Comport with law Updated the list of protected classifications.
ATTACHMENT 2
RESOLUTION NO. 19-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMENTS TO THE
DISTRICT’S PERSONNEL POLICIES AND PROCEDURES MANUAL
WHEREAS, the purpose of the District’s Personnel Policies and Procedures Manual
(“Personnel Manual”) is to provide a system of personnel administration based upon fairness,
reasonableness, uniformity and equity; to help ensure the District utilizes sound management
practices, complies with applicable Federal, State and local laws and operates efficiently and
effectively; and to protect and clarify the rights and responsibilities of both the employees and
the District, and
WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District, upon
recommendation by the General Manager, may amend the Personnel Manual; and
WHEREAS, the General Manager recommends amendments to the Personnel Manual in
order to correct job titles, clarify procedures, policies and benefits, and ensure that the Personnel
Manual comports with current state and federal benefits and employment laws.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District approves the amended Personnel Manual as fully set
forth in Exhibit A, attached hereto and incorporated herein by this reference.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on October 23, 2019, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
ATTACHMENT 2
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
Exhibit A: Personnel Policies and Procedures Manual
Midpeninsula Regional Open Space District
PERSONNEL POLICIES
&
PROCEDURES MANUAL
ADOPTED BY THE BOARD OF DIRECTORS
JUNE 27, 2007
AMENDED MAY 13, 2009
AMENDED DECEMBER 16, 2009
AMENDED FEBRUARY 22, 2017
AMENDED MONTH DAY, 2019
EXHIBIT A
Midpeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES MANUAL
POLICY 1 GENERAL PROVISIONS ............................................................................................................... 1
Section 1.1 Purpose ...................................................................................................................................... 1
Section 1.2 Adoption and Amendment of the Personnel Manual .................................................................. 1
Section 1.3 Term of the Personnel Manual................................................................................................... 1
Section 1.4 Administration/Records/Forms/Procedures .............................................................................. 1
Section 1.5 Non-Discrimination ................................................................................................................... 1
Section 1.6 Reasonable Accommodation ...................................................................................................... 1
Section 1.7 Memoranda of Understanding and Employment Agreements ................................................... 2
Section 1.8 Department Procedures and Practices ...................................................................................... 2
Section 1.9 Distribution of HR Policies ........................................................................................................ 2
Section 1.10 Savings Clause ........................................................................................................................... 2
Section 1.11 Violation of the Personnel Manual ............................................................................................ 2
POLICY 2 JOB CLASSIFICATIONS ............................................................................................................... 3
Section 2.1 Classification Plan ..................................................................................................................... 3
Section 2.2 Reclassification .......................................................................................................................... 3
POLICY 3 RECRUITMENT AND SELECTION ............................................................................................. 5
Section 3.1 Vacancies ................................................................................................................................... 5
Section 3.2 Equal Opportunity Employer/Applicant Reasonable Accommodation ...................................... 5
Section 3.3 Qualification of Applicants ........................................................................................................ 5
Section 3.4 Disqualification of Applicants ................................................................................................... 6
POLICY 4 TERMS OF EMPLOYMENT .......................................................................................................... 7
Section 4.1 Safety and Health ....................................................................................................................... 7
Section 4.2 Workday ..................................................................................................................................... 7
Section 4.3 Attendance ................................................................................................................................. 7
Section 4.4 Probationary Status- At-will Employment ................................................................................. 8
Section 4.5 Performance Evaluation Program ............................................................................................. 8
Section 4.6 Promotion ................................................................................................................................ 10
Section 4.7 Employment of Relatives .......................................................................................................... 10
Section 4.8 Political Activity ...................................................................................................................... 11
Section 4.9 Conflict of Interest ................................................................................................................... 12
Section 4.10 Transfer .................................................................................................................................... 12
Section 4.11 Keys and Security Codes .......................................................................................................... 12
Section 4.12 Postings on Bulletin Boards/District Property ........................................................................ 12
Section 4.13 Off-Duty Employment and Business Ownership ...................................................................... 12
EXHIBIT A
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Section 4.14 Notice of Resignation ............................................................................................................... 13
Section 4.15 Exit Interview ........................................................................................................................... 13
Section 4.16 Employment Reinstatement ...................................................................................................... 13
Section 4.17 Paid Administrative Leave ....................................................................................................... 14
POLICY 5 COMPENSATION ......................................................................................................................... 15
Section 5.1 Starting Salaries ...................................................................................................................... 15
Section 5.2 Step Increases .......................................................................................................................... 15
Section 5.3 Pay After Promotion ................................................................................................................ 15
Section 5.4 Acting Assignments .................................................................................................................. 16
Section 5.5 Overtime .................................................................................................................................. 16
Section 5.6 Compensatory Time ................................................................................................................. 17
Section 5.7 Longevity Pay Program ........................................................................................................... 17
Section 5.8 Meritorious Pay for “At-will” Managers ................................................................................ 18
Section 5.9 Shift Differential/Call Back Pay for Supervising Rangers ....................................................... 18
POLICY 6 BENEFITS ..................................................................................................................................... 19
Section 6.1 Benefit Plans ............................................................................................................................ 19
Section 6.2 Workers’ Compensation/Industrial Injury or Illness ............................................................... 22
Section 6.3 Professional Development ....................................................................................................... 23
Section 6.4 Uniform Compensation for Field Supervisory Staff ................................................................. 24
POLICY 7 LEAVE TIME ................................................................................................................................ 26
Section 7.1 Holidays ................................................................................................................................... 26
Section 7.2 Personal Leave ........................................................................................................................ 28
Section 7.3 Administrative Leave – Salaried Employees ............................................................................ 28
Section 7.4. Vacation ................................................................................................................................... 29
Section 7.5 Sick Leave ................................................................................................................................ 31
Section 7.6 Bereavement Leave .................................................................................................................. 33
Section 7.7 Witness/Jury Duty .................................................................................................................... 34
Section 7.8 Military Leave .......................................................................................................................... 34
Section 7.9 Leave of Absence ..................................................................................................................... 34
Section 7.10 Time Off To Vote ...................................................................................................................... 35
POLICY 8 EMPLOYEE CONDUCT AND DISCIPLINE.............................................................................. 36
Section 8.1 Purpose/Procedure .................................................................................................................. 36
Section 8.2 Conduct Subject to Discipline .................................................................................................. 36
Section 8.3 First Level Discipline ............................................................................................................... 37
Section 8.4 Second Level Discipline ........................................................................................................... 38
EXHIBIT A
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PERSONNEL POLICIES & PROCEDURES MANUAL
Section 8.5 Notice to Employees of Second Level Disciplinary Action ...................................................... 38
Section 8.6 Post Discipline Appeal Process ............................................................................................... 39
Section 8.7 Waiver of Time Limits or Other Provisions of the Appeal Process ......................................... 41
Section 8.8 No Interruption of Work........................................................................................................... 41
Section 8.9 Peace Officer Bill of Rights ..................................................................................................... 41
POLICY 9 GRIEVANCE PROCEDURE ........................................................................................................ 41
APPENDIX A CATASTROPHIC LEAVE PROGRAM .................................................................................... 44
Section A. 1 Purpose .................................................................................................................................... 44
Section A. 2 Conditions for Receiving Employees ....................................................................................... 44
Section A. 3 Conditions for Donating Employees ........................................................................................ 45
APPENDIX B FAMILY AND MEDICAL LEAVE ........................................................................................... 46
Section B. 1 Eligibility requirements ........................................................................................................... 46
Section B. 2 Reasons for Leave .................................................................................................................... 46
Section B. 3 Duration of Leave .................................................................................................................... 47
Section B. 4 Spouses Both Employed by District ......................................................................................... 47
Section B. 5 Request for Leave/Required Documentation ........................................................................... 48
Section B. 6 Pay and Benefits While on Family and Medical Leave ........................................................... 48
Section B. 7 Reinstatement Upon Return from Leave .................................................................................. 50
Section B. 8 Relationship of Family and Medical Leave to Other Leaves ................................................... 51
APPENDIX C PROHIBITION AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION .. 52
Section C. 1 Harassment .............................................................................................................................. 52
Section C. 2 Sexual Harassment .................................................................................................................. 53
Section C. 3 Discrimination ......................................................................................................................... 53
Section C. 4 Retaliation ................................................................................................................................ 53
Section C. 5 Complaint Procedure ............................................................................................................... 53
Section C. 6 Obligation of District Employees and Officers ........................................................................ 55
Section C. 7 Option to Report to Outside Administrative Agencies ............................................................. 56
Section C. 8 Dissemination of Policy ........................................................................................................... 56
APPENDIX D PREGNANCY DISABILITY LEAVE........................................................................................ 57
Section D. 1 Eligibility requirements ........................................................................................................... 57
Section D. 2 Reasons for Leave .................................................................................................................... 57
Section D. 3 Duration of Leave .................................................................................................................... 57
Section D. 4 Request for Leave/Required Documentation ........................................................................... 58
Section D. 5 Pay and Benefits While on PDL ............................................................................................... 58
EXHIBIT A
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PERSONNEL POLICIES & PROCEDURES MANUAL
Section D. 6 Reinstatement Upon Return from Leave .................................................................................. 58
Section D. 7 Relationship of Pregnancy Disability Leave (PDL) to the Family Medical Leave Act (FMLA)
and the California Family Rights Act (CFRA) ......................................................................... 59
Section D. 8 Reasonable Accommodation .................................................................................................... 59
Section D. 9 Additional Information............................................................................................................. 59
APPENDIX E SALARIED EMPLOYEES POLICY ......................................................................................... 60
Section E. 1 Purpose .................................................................................................................................... 60
Section E. 2 Salaried Employees Defined .................................................................................................... 60
Section E. 3 Core Work Hours, Permitted Salary and Paid Leave Reductions, Overtime, and
Administrative Leave Accrual .................................................................................................. 60
Section E. 4 Work Schedule Adjustments ..................................................................................................... 62
Section E. 5 Time Card Procedures ............................................................................................................. 62
Section E. 6 Disciplinary Deductions .......................................................................................................... 63
Section E. 7 Safe Harbor.............................................................................................................................. 63
Section E. 8 Controlling Policies ................................................................................................................. 63
EXHIBIT A
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1
POLICY 1 GENERAL PROVISIONS
This document is entitled Personnel Policies and & Procedures Manual, herein known as the
Personnel Manual. This The Personnel Manual applies to all employees of the Midpeninsula Regional
Open Space District, herein known as the District, except as otherwise indicated. This The Personnel
manual Manual does not apply to District Board members of the Board of Directors of the District,
herein known as the Board, except where expressly stated or prescribed under state law.
Section 1.1 Purpose
The purpose of the Personnel Manual is as follows:
To provide a system of personnel administration based upon fairness, reasonableness,
uniformity and equity; to help ensure that the District utilizes sound management practices,
complies with applicable Federalfederal, State state and local laws and operates efficiently and
effectively; and to protect and clarify the rights and responsibilities of both the employees and
the District.
Section 1.2 Adoption and Amendment of the Personnel Manual
The Personnel Manual shall be approved by the Board of Directors, herein called the Board, and
may be amended by the Board of Directors upon recommendation of the General Manager.
Section 1.3 Term of the Personnel Manual
This The Personnel Manual takes effect when adopted by the Board of Directors of the District. The
Personnel Manual shall remain in effect unless amended or repealed, in whole or in part, by the Board.
Section 1.4 Administration/Records/Forms/Procedures
The General Manager shall administer the Personnel Manual and may delegate certain authority to the
head of Human Resources Manager or other designee(s). The General Manager shall have the
authority, at his/her discretion, to make exceptions to or modify the strict application of any provision
of this the Personnel Manual when such application would create undue hardship for the District or
the employee and/or when the General Manager determines that such variance is necessary and
appropriate for the efficient operation of the District. Any such exception or modification shall not
become a provision of these policies nor shall it create a past practice to the detriment of the District.
Section 1.5 Non -Discrimination
All District employees must comply with the District’s Nondiscrimination and Sexual Harassment
PolicyProhibition Against Discrimination, Harassment and Retaliation (Appendix C) and applicable
Federal federal and California state laws.
Section 1.6 Reasonable Accommodation
The District will provide reasonable accommodation to enable all employees who are disabledhave
disabilities, as defined under State state and federal anti-discrimination laws, to perform the essential
functions of the job. A number of exceptions can apply, including, in part, whether the
accommodation would result in “undue hardship” on the District; the employee is unable to perform
job without endangering health or safety of himself/herselfthemselves or others; or the employee is
unable to perform essential job functions even with accommodation.
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Section 1.7 Memoranda of Understanding and Employment Agreements
To the extent that these policies arethe Personnel Manual is inconsistent with provisions of any
applicable Memorandum of Understanding (MOU) with a recognized bargaining unit or Employment
Agreements (such as those applicable to Board Appointees), the respective provisions of the MOU
or Agreement(s) shall prevail for those employees covered by the aforementioned Agreement(s).
Section 1.8 Department Procedures and Practices
Department Managers may implement procedures and practices as deemed necessary for the efficient
and orderly administration of their respective Departmentsdepartments. However, such procedures
or practices shall not conflict with or supersede this the Personnel Manual. Department procedures
and practices shall be consistent with and supplementary to this the Personnel Manual.
Section 1.9 Distribution of HR Policies
Copies of the Personnel Manual shall be distributed to each employee of the District and to any
recognized employee organization and bargaining unit at the time of adoption or amendment. Each
new employee shall receive a copy of the Personnel Manual prior to or during orientation and shall
sign a statement indicating that he/she hasthey have received and read the Personnel mManual.
Employees may access the Personnel Manual at any time on the District’s computer network or by
requesting a copy from Human Resources.
Section 1.10 The Fair Labor Standards Act
The District is subject to the Fair Labor Standards Act (“FLSA”), which is administered by the U.S.
Department of Labor Wage and Hour Division (“DOL”). The FLSA establishes minimum wage,
overtime pay, recordkeeping, and youth employment standards affecting employees in the private
sector and in federal, state, and local governments.
Section 1.110 Savings Clause
If any provision or the application of any provision of this the Personnel Manual, as implemented, is
rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason
of any preemptive legislation, the remaining provisions of this the Personnel Manual shall remain in
full force and effect, unless and until amended by the Board.
Section 1.1112 Violation of Personnel Manual
Any violation of this the Personnel Manual may constitute grounds for rejection of applicants, and
may result in disciplinary action for employees, up to and including termination, pursuant to the
applicable disciplinary procedures.
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POLICY 2 JOB CLASSIFICATIONS
Section 2.1 Classification Plan
The General Manager shall recommend a Position Classification Plan to the Board of Directors for
General Manager appointed positions. The Position Classification Plan shall consist of salary ranges
and Class classification Specificationsspecifications, which include classification titles, purpose of
positions, job requirements, and general job duties. The Board of Directors shall approve the Position
Classification Plan. The General Manager shall be responsible for keeping the Position Classification
Plan current through periodic analysis of the positions within the organization. The General Manager
shall have the authority to amend the Class classification Specifications specifications when such
changes do not substantially change the general job duties of the Class classification Specification
specification and do not affect the salary range assigned to that Specificationclassification
specification. Upon recommendation by the General Manager, the Board may create new
classifications, divide, combine, revise, reclassify, or abolish existing classificationses, and may reassign
a classification from one salary range to another, or to a new salary range.
A. Regular Positions
Regular Positions positions are Board-authorized, continuous positions and may be full-time or
part-time, but do not include temporary positions. Each rRegular employees of the District shall
be allocated a classification specification as well as specific duties for their particular employment
assignment within the District.
B. Temporary Positions
Temporary Positions positions are positions filled for a limited period of time. The General
Manager may establish duties and rates of pay necessary to secure qualified people for needed
temporary positions when doing so does not exceed the District-wide fiscal year budget for
salaries and benefits. Temporary positions are not required to have Class classification
Specificationsspecifications.
Section 2.2 Reclassification
The process of reclassification is intended as a means of properly classifying and compensating
employees, based upon the needs of the District. Reclassification is the combining of two or more
classifications, or the material change in duties of an existing position, which requires a change in the
classification of the employee. In the event that changes in the District’s staffing needs require a
reclassification of an employee, the General Manager may approve such reclassification. However, if
the reclassification requires the creation of a new Class classification Specification specification and/or
salary range, or the change alters the number of positions approved in the budget and the Position
Classification Plan, the Board shall approve the new specification, salary range, or budget amendment.
Reclassification shall not be used for the purpose of circumventing the competitive hiring process.
A. Position Upgrade - Effects of Incumbent in the Position
If the reclassification of a position requires that the position be upgraded to a higher
classification, the incumbent may be reclassified if the incumbent has metmeets all of the
following criteria:
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1) Has the minimum qualifications for the new classification;
2) Has a satisfactory (or meets standards) overall rating on his/hertheir most recent
evaluation;
3) Has demonstrated the knowledge, skills, and abilities to satisfactorily perform the full
scope of duties in the new classification and;
4) Has been in the existing position for a minimum of one (1) year
B. Position Downgrade - Effects of Incumbent in the Position
If the reclassification of a position requires that the position be downgraded to a lower
classification, the incumbent shall be reclassified to the lower position within the District, or at
the discretion of the General Manager, may be allowed to fill any similar vacant position within
the District for which that employee is qualified, without a competitive process.
C. Applicable Pay Following Reclassification
In a position upgrade, the General Manager shall assign the employee incumbent to a salary step
within the new classification salary range that is appropriate, based upon the employee’s
experience and qualificationsclosest to a five (5) percent increase. In no case, however, will the
new salary step be less than the employee’s current salary. Reclassification pay increases are not
retroactive. In the case of a position downgrade, the General Manager shall assign a salary within
the new range that is closest to, but not more than, the incumbent’s salary in the existing range.
In the event that the employee’s existing salary already exceeds the salary range of the new
position, that employee’s salary shall be “Y” rated. (Y-Rating - The maintenance of an
employee’s existing salary/wage until the newly assigned salary range increases beyond the
retained salary of the employee.)
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POLICY 3 RECRUITMENT AND SELECTION
Section 3.1 Vacancies
The Board is the appointing authority for all Board-appointed positions, which includes the General
Manager, General Counsel and Controller. The General Manager is the appointing authority for all
other positions in the District. When a vacancy occurs in an authorized position, the District shall
normally conduct a competitive recruitment process.
Section 3.2 Equal Opportunity Employer/Applicant Reasonable Accommodation
The District is an Equal Opportunity Employer. The District’s recruitment program will beis designed
to appeal to the broadest segments of the population, and the selection process for employment shall
not be influenced by 1) the individual’s protected classification 2) the individual’s perceived
classification or 3) the individual’s association with a person who is in or is perceived to be in a
protected classification. Protected classifications include: race, religion, creed, political affiliation,
color, national origin, ancestry, sex (including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding)childbirth, medical conditions related to same, and gender), sexual
orientation (including but not limited to [AR1]heterosexuality, homosexuality, and bisexuality), age (over
40), marital status, citizenship status, medical condition, genetic characteristics or information, military
and veteran status, or physical or mental disability, . association or perceived association perception
with a protected classification, opposition[cb2] to discrimination/harassment, orand any other class
protected by law.
The District will provide reasonable accommodation to qualified applicants with who have disabilities
to ensure equal opportunity in the application process, subject to certain exceptions, including, but
not limited to, whether the requested accommodation will create an undue hardship on the District.
Section 3.3 Qualification of Applicants
No person shall be employed in or appointed to any position unless said person meets the required
qualifications, education, and/or experience designated for that classification. However, in order to
meet the needs of the District, when a recruitment has been unsuccessful or has not resulted in
candidates that meet all designated criteria, exceptions may be granted by the General Manager.
Applicants are subject to any employment contingencies established for the position including, but
not limited to, a satisfactory medical/physical exam, background investigation, reference check,
driving record check, and knowledge/skills/leadership style tests. Failure to satisfy contingencies may
result in the District withdrawing an offer of employment, or if employee has already begun working
for the District, termination of employment.
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Section 3.4 Disqualification of Applicants
An applicant may be disqualified for employment for any of the following reasons:
1) The applicant is physically or psychologically unfit for the performance or safe
performance of the essential duties of the position and such unfitness cannot be
reasonably accommodated.
2) The applicant has been dismissed for cause from previous employment.
3) The applicant has used an unethical personal or political influence to attempt to obtain
employment or promotion with the District.
4) The applicant has been convicted of a felony or misdemeanor, which was of such a nature
as to adversely affect the applicant's ability to perform the duties of the position.
5) The applicant has practiced or attempted to practice any deception, fraud or omission of
material fact in the application or interview, or in securing eligibility for employment.
6) The application or supplement is incomplete or received after the announced closing date.
7) The applicant has not yet reached his/her 18th birthdayis not at least 18 years old.
8) The applicant has a relative, including a spouse, working for the District and the position
for which the applicant is applying, would require either applicant or relative to render
supervisory authority over the other and/or has the potential to create a conflict of interest
in carrying out either party’s District duties. See Section 4.7 belowEmployment of
Relatives.
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POLICY 4 TERMS OF EMPLOYMENT
Section 4.1 Safety and Health
The personal safety and health of each employee of the District is of primary importance. The District
has an Injury-Illness Prevention Program (IIPP) and a Safety Manual, which shall be made available
to each employee. An eEmployees is are expected to read the IIPP and Safety Manual, shall be safety
conscious, use good judgment in performing job duties, and follow all rules and procedures in the
IIPP, the Safety Manual, and other procedures or directives given by his/hertheir supervisor.
Section 4.2 Workday
The General Manager shall set the regularly scheduled eight or nine-hour workday for full-time
employees at the Administrative Office, shall be set by the General Manager and which shall include
the core office hours of 9:00 a.m. to 4:00 p.mas established by Administrative Policy 3.05 Flexible and
Part-Time Work Schedules for Office, Supervisory, and Management Employees. The applicable
Department Manager shall set the regularly scheduled eight or nine-hour workday for field staff
employees. Individual employee workday schedules are to be approved by the Department Manager
or appropriate supervisor, but must fall within the core hours specified for each work site by the
General Manager or applicable Department Manager.
A. M eal Breaks
An employee’s one-half hour to one (1) hour unpaid meal break is not a part of the eight-hour
or nine-hour workday, except for the paid lunchtime provided to Supervising Rangers.
B. Rest Breaks
Employees are entitled to take a short rest period of up to ten minutes within each half-day
worked. Such rest periods should be taken at a time and in a manner which that does not
interfere with the efficiency of operations.
C. Alternate Work Schedules
Supervisors and office staff may be eligible to participate in alternate work schedules, including
telecommuting, in accordance with administrative guidelines for the program. Designated
hours and work sites may be changed from time to time and may include weekends, holidays
and evenings to accommodate the needs of the District. See Administrative Guidelines for
Administrative Policy 3.05 Flexible and Part-Time Work Schedules for Office, Supervisory,
and Management Employees, and Administrative Policy 5.02 Telecommuting Program.
Section 4.3 Attendance
Employees shall be in attendance and be ready to work at their designated work sites at the hours
arranged and approved by the employee’s supervisor. Any unauthorized absence from the employee’s
work duties or work site may be designated as absence without pay and may be cause for disciplinary
action.
A. Reporting Late-to-Work or Absence
Employees are required to follow department procedures in for reporting a late-to-work or
unplanned absence. When a department procedure does not exist, employees shall make every
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effort to report an absence or late-to-work to his/hertheir supervisor as soon as possible, but
prior to the beginning of that employee’s scheduled workday.
B. Time Cards
Each eEmployees is are responsible for keeping accurate records of his/hertheir attendance and
absences, and will fill out and sign his/hertheir time card. Each supervisor will approve the
employee’s time cards after verifying the accuracy of the hours reported by the employee.
Employees who are classified as “exempt” under the Fair Labor Standards ActFLSA shall follow
the time card procedures set out in the District’s Salaried Employees Policy. (See
Appendix E)
Section 4.4 Probationary Status- At Will Employment
The probationary period is part of the selection and testing process and is designed to ensure that
employees are able to satisfy requirements of the position for which they were hired or promoted.
Newly hired or promoted employees are “at- will” which means they are subject to dismissal at any
time, without cause, without advance notice, and without the right of hearing or appeal. The General
Manager shall approve all extensions of probation or failure to pass probation. “At-will” status
continues until a probationary employee has completed the minimum probationary period specified,
including any extension thereof, and receives an approval for regular status from the Department
Manager.
A. Probationary Period
The probationary period for newly hired employees shall be twelve (12) months and may be
extended up to three (3) months. The probationary period of employees promoted or
transferred to a new classification shall be six (6) months and may be extended up to three (3)
months. In addition, an employees who is are absent from duty or unable to perform the
essential functions of his/hertheir job in excess of a total of four (4) weeks during the
probationary period shall have his/hertheir probationary period extended for the duration of
the absence (which may exceed the 3-month extension period described above) to allow the
District an adequate period of time in which to determine if the employee is able to satisfy the
requirements of the position. A probationary employee will receive written notice of any
extension of probation.
B. At-Will Status for Managers Upper Management
“At-wWill” Managersmanagers” are the Assistant General Managers, the Chief Financial
Officer/Director of Administrative Services, Division Managers of the Administrative Services
Department (Information Technology Division, Human Resources Division, and Finance
Division), and Department Managers, the Assistant General Counsel I-II, and the District
Clerk/Assistant to the General Manager. These “at-will” employees managers serve at the will
and pleasure of the General Manager throughout their employment, and may be terminated at
any time without cause, without advance notice, and without the right of hearing or appeal. See
Severance Pay for At-Will Managers, Section 5.8(b B).
Section 4.5 Performance Evaluation Program
The District will provide performance evaluations for the purpose of:
1) Recognizing each employee’s achievements and contributions to the organization.
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2) Providing developmental feedback including identification of deficiencies and providing
specific action plans to improve.
3) Establishing training needs.
4) Providing a basis for salary recommendations and promotions.
A. Forms and Frequency
The District will provide a form and format for written employee evaluations. Managers and
Supervisors supervisors will complete such evaluation forms at least once annually, except as
otherwise provided in this the Personnel Manual, and may provide more frequent evaluations
as may be needed and/or beneficial.
B. Procedures
Employees will be asked to sign the evaluation and will be given up to fifteen (15) calendar days
to include any comments in the appropriate section of the form. Employee comments are
optional. If the employee refuses to sign acknowledging receipt of the evaluation, the supervisor
will make a notation on the form of the date the evaluation was given and that the employee has
failed to sign the evaluation.
C. Overall Below Standard Evaluation
If an employee receives an overall below standard performance evaluation and has not reached
the maximum salary step in the applicable salary range, that employee will not be eligible for a
step increase until the next annual evaluation. If the employee’s performance during the next
evaluation period has been consistently standard or above, the step increase will be given at that
time.
(The definition for an “Overall Below Standard Evaluation” is: a sufficient number of Below
Standard ratings on the employee’s performance evaluation to render that employee’s overall
performance to be Below Standard, and/or a Below Standard rating in any one category which
is egregious, chronic, or impairs the employee’s ability to perform the essential functions of the
position. Furthermore, in no case shall an employee receive an Overall Standard Evaluation with
three or more Below Standard ratings.)
An Overall Below Standard Evaluation must be written by or approved by the Department
Manager. An eEmployees in good standing is are thoseone who was are rated “Meets Standard”
or “Exceeds Standard” in his or hertheir most recent performance evaluation.
D. Not Subject to the Appeal or Grievance Process
The performance evaluation is not subject to any appeal or grievance process.
E. “At-Will” Managers
“At-will” Managers managers, as defined hereinin Section 4.4 B, will receive regular feedback
from ttheir he General Manager or respective supervisors. They are not subject to the written
evaluation due process rights, described above, but shall, at the discretion of the General
Manager, receive periodic annual written evaluations.
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F. Probationary Evaluations
The District will provide written evaluations for probationary employees as deemed necessary
by the employee’s immediate supervisor during the probationary period.
Section 4.6 Promotion
It is the policy of the District to fill authorized position vacancies with the most qualified individuals
available. The District also endeavors to provide promotional opportunities for qualified employees.
The probationary period for a newly promoted District employee, or an
employee transferred to a new classification, shall be six (6) months, and may be extended as set out
in Section 4.4 Probationary Status – At Will Employment.
Promoted employees failing to complete probation will be returned to their former position or a
similar position in a similar pay grade provided that such a position is available. However, if no such
position is available, the employee may be laid off, or may, at the discretion of the General Manager,
be offered a lower position if a vacant position is available and if the employee is qualified for that
position.
Section 4.7 Employment of Relatives
To avoid any potential for a conflict of interest, favoritism or perceived favoritism, personal/family
obligations or conflicts it is necessary to restrict the employment of relatives of elected officials,
appointed officials, and employees of the District. Relatives, as defined in this section, shall include
spouse or registered domestic partner, child, stepchild, parent, stepparent, mothers/fathers-in laws,
siblings, brothers/sisters-in-law, step-brother/sister, cousins, aunts/uncles, grandparents, or
mothers/fathers-in laws, any other relative related by blood or marriage living in the same
householdemployee’s home. The following restrictions will apply:
1) Relatives shall not be employed in a position, which exercises supervisory authority over
another relative, if the employment has the potential for creating an adverse impact upon
supervision, safety, security, or morale.
2) If two (2) District employees become relatives after employment, and their employment
conflicts with the provisions of Subsection (1) of this section, and the conflict cannot be
resolved by a transfer or other reasonable accommodationremedy, the two employees will
be given a choice of which employee will resign. If neither chooses to resign, the District
may discharge one of the employees based upon seniority, overall experience, and/or
overall impact on the District, without appeal.
3) In nNo event District employee shall an employee participate in decision-making aspects
of the recruitment, selection, or determination of compensation process for a position in
which that employee's relative has applied.
4) No District employee or elected official shall attempt to intervene in or influence a District
decision concerning any aspect of the employment of his or hertheir relative (as defined
in this section).
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5) No District employee shall participate in the evaluation, discipline, demotion, or dismissal
of a relative.
6) Related employees may continue to be employed within the same District department
subject to approval by the General Manager or designee. However, any such continuing
employment is predicated upon both relatives, as defined in this section, not reporting to
the same immediate supervisor, not being supervised by each other, not working the same
shift at the same work site; or, otherwise becoming involved at a work environment having
the potential for adverse impact on supervision, safety, security or morale.
It is the duty of all involved employees who are in a situation prohibited under this policy to
immediately notify their supervisor either in person or through the chain of command that a situation
exists in which the involved employee may be in violation of this section. The District reserves the
right to reasonably investigate the situation and determine whether an employee has violated this
section.
Section 4.8 Political Activity
District employees are public officials and as such are subject to numerous laws, regulations and court
decisions regulating incompatible activities and conflicts of interest. Therefore, the following are
prohibited activities:
1) An eEmployees may not participate in personal political activities of any kind while in
uniform or during his/hertheir working hours, or during such time when the public may
reasonably assume that the employee is acting as a representative of the District.
(Examples would include wearing of campaign buttons, soliciting support for a candidate
or legislation, or soliciting donations for political causes.)
2) An eEmployees may not directly or indirectly solicit or receive political funds or
contributions, knowingly, from other District officers, employees or the public While
while in uniform or during his/hertheir working hours, or during such time when the
public may reasonably assume that the employee is acting as a representative of the District
an employee may not directly or indirectly solicit or receive political funds or
contributions, knowingly, from other District officers, employees or the public. An
employee may not use any District contact or mailing lists to solicit such contributions at
any time.
3) An employee may not utilize any District resources for the purpose of personal political
activity, nor use District resources to support or oppose any qualified ballot measure or
candidate for elective office.
4) An eEmployees may not use his/hertheir influence or official authority to secure any
appointment of any person or prospective appointment of any person to any position in
the service of the District as a reward or return for personal or partisan political service.
Any employee who is not sure if his/hertheir activity may be in violation of this Section should consult
with the head of Human Resources Manager or the District’s General Counsel.
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Section 4.9 Conflict of Interest
No employee of the District shall have a personal financial interest of any kind in any District contract,
sale or transaction. Any participation by an employee in the process by which such a contract is
developed, negotiated, recommended or executed is a violation of this Section.
Section 4.10 Transfer
Employee requests for transfer to another District work area or department may be considered, if the
position is in the same or comparable classification as the employee's existing position, the employee
has attained regular status, and the employee meets the minimum qualifications of the new position.
Such transfer requests shall be made in writing and submitted to the Department Manager. If the
Department Manager approves, the transfer request will be submitted to the General Manager for
his/her approval. All transfer requests are subject to the approval of the General Manager.
The General Manager may initiate employee transfers when the transfer is in the best interest of the
District. Such transfers shall be to a position in the same or comparable class with the same or
comparable salary range. The employee shall remain at the same salary step and shall retain the same
anniversary date. The employee’s preferences regarding the transfer will be considered to the
greatest extent possible. Such transfers are not subject to any appeal or grievance procedure.
Section 4.11 Keys and Security Codes
Keys to the District gates, facilities, and vehicles shall be issued only to employees so designated by
the Department Manager or his/her designee(s). These are the property of the District, and employees
shall not duplicate or loan keys, except when directed to do so by the Department Manager or
designee, and shall surrender them to the District upon separation from the District. Employees shall
immediately report lost or stolen keys to their supervisors who shall then report the loss to the
Department Manager. Employees shall protect District assets by keeping access codes confidential,
except when following procedures for contractor access to preserves.
Section 4.12 Postings on Bulletin Boards/District Property
For the purpose of maintaining a professional, non-political and harassment free work environment,
the District will review all items to be posted on public or community areas of District property such
as bulletin boards, vehicles and common area walls, doors or equipment. The Department Managers
for the Administrative Office and the Area Superintendents/Area Managers for the field offices shall
approve any items before they are posted.
Section 4.13 Off-Duty Employment and Business Ownership
The District reserves the right to restrict off-duty employment/business ownership by District
employees for the purpose of ensuring safe, efficient and effective performance of duties at the
District. Any District employee engaged in, or wishing to engage in outside or self-employment must
notify his/hertheir Department Manager or immediate supervisor in writing. The Department
Manager or supervisor shall discuss the nature and hours of the off-duty employment with the
employee. The Department Manager or supervisor shall have the right to limit, deny, or withdraw
approval of such employment at any time, with a minimum of two weeks’ advance notice, in the event
the employee is working an off-duty job. Any permission to engage in off-duty employment or
business ownership must be in writing. District employees are permitted to work off duty or own a
business after receiving District approval, when all of the following conditions are met:
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1) Such employment/business ownership does not conflict with department schedules,
duties and/or responsibilities; and
2) Such employment/business ownership does not create a conflict of interest or an
incompatibility with District employment, (e.g. working on a District contract or receiving
money for performing any act that would be part of the employee’s regular duties); and
3) Such employment/business ownership does not create a detrimental effect upon the
employee's performance of District duties and responsibilities or involve time demands
that render the employee’s performance less efficient; and
4) Work performed in such employment/business ownership is not regulated or inspected
by any District employee; and
5) Such employment/business ownership does not involve conducting private business
during hours of District employment or the use of any district resources or uniforms; and
6) The employee agrees that he/she isthey are not entitled to receive District-provided
Worker's Compensation benefits if he/shethey sustains an injury or illness during the
course of off-duty or self-employment not related to his/hertheir District employment.
Section 4.14 Notice of Resignation
Employees who wish to voluntarily terminate employment with the District shall provide a minimum
of two (2) weeks’ written notice to their immediate supervisor, unless an emergency
situation prevents such notice or upon agreement of the General Manager. The resignation shall be
accepted upon submission and deemed effective on the date stated in the resignation.
Section 4.15 Exit Interview
The head of Human Resources Manager or designee shall hold an exit interview with each regular
separating employee or upon request. The interview shall include apprising the exiting employee of
any applicable employee benefits (such as retirement) due him/her and providing information or
referrals on how to receive such benefits. All District equipment, keys, credit cards, etc. shall be
collected at or before the exit interview.
Section 4.16 Employment Reinstatement
Former employees who have voluntarily left the District service shall have no right to reinstatement.
Any reinstatement into a vacant position (of the same classification) shall be at the sole discretion of
the General Manager as long as the request for such reinstatement occurs within 6 months of the
employee’s separation in good standing from District employment. The rate of pay for the reinstated
employee shall be determined by the General Manager, but shall not exceed the rate of pay the
employee was earning prior to leaving District employment, and may be less if the employee is
reinstated to a lower position. For the purpose of attracting and retaining experienced and qualified
personnel, the General Manager, at his/her sole discretion, may determine the amount of leave time
accrual and other “time-in-grade” benefits the reinstated employee may earn upon reinstatement.
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Section 4.17 Paid Administrative Leave
The General Manager may place an employee on paid administrative leave for any reason, whether
or not related to discipline.
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POLICY 5 COMPENSATION
The District endeavors to establish pay for their employees that allow it to attract and retain
competent, qualified staff, and is equitable internally. The General Manager shall recommend a
Compensation Plan to the Board of Directors for General Manager appointed positions, which meets
these general guidelines. Upon recommendation of the General Manager, the Board of Directors shall
approve the Compensation Plan. The Compensation Plan may include Administrative Guidelines,
which shall be supplemental to this policy. The General Manager shall periodically review the
compensation received by District employees, utilizing such tools as the Consumer Price Index and
review of salary plans of similar positions in the related job market. See Board Policy 2.03, Employee
Compensation Guiding Principles.
Section 5.1 Starting Salaries
A starting salary shall normally be at the first step of the salary range. However, the General Manager,
at his/her discretion, shall determine starting salaries for individual employees within the
compensation plans, commensurate with the new employee’s experience, knowledge, education, skills
and abilities.
Section 5.2 Step Increases
If a salary step program is being utilized, new employees hired at a rate of pay that is not at the
maximum of the pay range shall be eligible for a salary increase upon successful completion of the
probationary period, or any extension thereof. Thereafter, employees shall be eligible for salary
increases at twelve-month intervals, up to the top of the pay range. A completed performance
evaluation with an overall rating of satisfactory or above shall be required for all salary increase
recommendations.
Section 5.3 Pay After Promotion
An employee who has successfully competed for a position in the District which has a higher salary
range than his/hertheir existing position shall be assigned the beginning step of the new salary range
or a five (5) percent increase in this/herheir existing regular rate of pay, whichever is greaterclosest to
a five (5) percent increase. An additional increase of up to five (5) percent of the new salary may be
added to compensate for the length of time since the employee’s last step increase, unless the employee
was at the top of the salary range (see promotional chart below).
In an instance in which the incumbent employee’s knowledge and experience are such that a
promotional starting salary as noted above would create internal inequity, the General Manager may
make an adjustment to the starting salary which is commensurate with that employee’s experience,
knowledge, education, skills and abilities, including the length of time that employee may have
served in an “Acting” capacity for the newly promoted position, not to exceed the top of the salary
range.
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Months* Worked Since Merit Increase
Last Annual Evaluation
1 through 6 months 1 step (2.5 percent)
7 through 12 months 2 steps (5 percent)
*Month is equivalent to a calendar month irrespective of how many days are in each month.
Section 5.4 Acting Assignments
The General Manager may assign an employee to perform the duties of and assume the responsibilities
of a higher-level classification due to a position vacancy, or to meet the temporary needs of the
District. In consideration of the Acting Assignment, the employees shall be paid at least five (5) but
not more than ten percent more than his or hertheir current salary, beginning on the first day of the
assignment, subject to the minimum and maximum time periods noted below. The need for acting
assignments shall be evaluated on a case-by-case basis. Assignment of some duties of a higher
classification during the temporary absence of an employee without assignment of the full
responsibilities of the higher classification may be made without additional compensation paid to the
employee.
A. Salaried Employees
Salaried employees are those District employees whose position is classified as exempt from the
overtime compensation requirements of the Fair Labor Standards ActFLSA. Acting pay for
salaried employees shall apply only if the Acting acting Assignment assignment exceeds fifteen
(15) working days.
B. Hourly Employees
Hourly employees are those District employees whose position is classified as non-exempt from
the overtime compensation requirements of the Fair Labor Standards ActFLSA. Acting pay for
an hourly employee shall apply only if the Acting Assignment exceeds five (5) working days. In
the event an hourly employee is assigned to Act for a salaried position, the employee shall
continue to be paid hourly for the purposes of overtime and will therefore not be eligible for
any Administrative Leave time.
C. Duration
An acting appointment assignment shall normally not exceed nine-hundred and sixty (960) six
monthshours in a fiscal year, however, the General Manager may authorize an extension of the
period due to extenuating circumstances and to meet the needs of the District.
Section 5.5 Overtime
When it is necessary for the operation of the District, hourly employees may work overtime, but must
obtain authorization from their immediate supervisor or Department Manager prior to
commencement of overtime. Supervising Rangers and Maintenance Supervisors are pre-authorized
for overtime if needed to complete an emergency incident. The Supervising Ranger or Maintenance
Supervisor shall contact his/herthe Area Superintendent, the Area Manager, or the Department
Manager immediately if the event is going to take an extended amount of time.
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In compliance with the Fair Labor Standards ActFLSA, as it applies to public sector employers, any
employee of the District required to work overtime shall be compensated at time and one-half
his/hertheir regular hourly rate of pay for time actually worked in excess of forty (40) hours within
the seven-day work week, (exclusive of non-paid meal breaks). For field supervisory employees,
overtime pay shall apply for time worked in excess of the scheduled workday or in excess of the forty-
hour workweek. Holiday, sick, and vacation paid leave time shall be counted toward the calculation of
hours worked for the purpose of overtime compensation.
A. Work Week
The work week for employees shall be regular and recurring, commencing at 12:00 a.m. on
Monday and ending at 11:59 p.m. on Sunday, unless an alternate work schedule
necessitates a different work period to prevent schedules from creating overtime.
A.B. Alternate Work Schedules
Overtime rules for employees authorized to work Alternate Work Schedules (such as 9/80)
shall be those set out in the Administrative Policy 3.05 Flexible and Part-Time Work
Schedules for Office, Supervisory, and Management EmployeesAdministrative Guidelines
for Flexible Work Schedules for Office, Supervisor, and Management Employees regarding
overtime rules for flex schedules.
B.C. Salaried Employees
Employees of the District designated as salaried shall not be subject to the provisions of this
section. (See Salaried Employees Policy- Appendix E)
Section 5.6 Compensatory Time
An hourly employee may elect compensatory time in lieu of overtime pay. Compensatory time is
subject to a maximum accrual of 50 hours (33 and l/3 hours worked computed at time-and-one -half
to a total of 50 hours). Supervisor approval is required for use of compensatory time and shall normally
be granted if the employee provides reasonable advance notice and if the granting of the time off does
not unduly disrupt District operations. Use of compensatory time is not considered hours worked in
a week for the purpose of calculating overtime. Unused compensatory time shall be paid at
termination.
Section 5.7 Longevity Pay Program
An Office, Supervisory and Management employee is eligible for Longevity Pay if all of the following
apply:
1. Employee has worked for the District for a minimum of ten (10) consecutive years, and
2. Employee is currently at the top of his/hertheir salary range, and
3. Employee has no below standard rating on his/hertheir last annual performance evaluation.
Such employees will receive a one percent (1%) lump sum payment of annual salary each year after
completion of the annual performance evaluation. This benefit applies to both full-time and part-time
District employees. The lump sum payment will not adjust the salary range and will not count toward
the calculation of annual salary for the purpose of computing life insurance coverage or long-term
disability (LTD) wages. At-Will Managers are not eligible for Longevity Pay. See Section 5.8 A below.
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Section 5.8 Meritorious and Severance Pay for “At -Will” Managers
A. Meritorious Pay
“At-Will Managers,” defined above as Assistant General Managers, the Chief Financial
Officer/Director of Administrative Services, Division Managers of the Administrative Services
Department (Information Technology Division, Human Resources Division, and Finance
Division), and Department Managers, are eligible for Meritorious Pay as described in this
section. For “At -the discretion of the General Manager “at-wWill” Managers managers, as
defined in Section 4.4 B, who have reached the top of their salary range, as of the beginning of
the District’s Fiscal Year (beginning July 1, 2016),will be eligible for the General Manager may
award meritorious performance pay of up1% to five percent (5%) of their employee’s annual
salary at the end of that fiscal yearas of the date on which their annual evaluation is due. This
will be , based upon overall performance, including, but not limited to, completion of items on
the annual Action Plan as well as performance in response to unanticipated projects and
exceptional professional and managerial achievements. The manager’s employee’s evaluation
shall reflect that meritorious pay is awarded for superior performance. This meritorious pay, if
awarded, is a lump sum payment, will not adjust the salary range, and will not be added to the
individual’s base salary for the purpose of computing life insurance coverage or LTD wages.
B. Severance Pay
Department Managers and the Assistant General Manager are “atAt-will” employees managers,
as defined in Section 4.4 B,and will may be given areceive severance payment equal to 90 days
of their current base salary if they are terminated from District employment at the will and
pleasure of the General Manager, except in cases of discipline and/or misconduct, including but
not limited to, conviction of a crime involving an abuse of his/hertheir office or position with
District. (See Gov. Code, § 53243 et seq.)
Section 5.9 Shift Differential/Call Back Pay for Supervising Rangers and Maintenance
Supervisors
A. Night Shift
Hourly Supervising Rangers and Maintenance Supervisors will receive a differential of $3.00 per
hour for each hour actually worked after 2:00 p.m. when at least four (4) hours of an assigned
work schedule, or additional work approved by a supervisor, occurs after 5:00 p.m. and before
6:00 a.m. The differential shall apply to overtime hours the same as straight time hours.
A. Split Shift
Hourly Supervising Rangers and Maintenance Supervisors assigned to work a split shift will
receive a differential of $40.00 per workday for each split shift actually worked.
B. Call Back Time
Any hourly Supervising Rangers or Maintenance Supervisors not residing in District housing
will receive a minimum of 3 hours of call-back time paid at time-and-one half (1-1/2 time),
commencing upon arrival at the employee’s work station.
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POLICY 6 BENEFITS
Section 6.1 Benefit Plans
A. Medical Insurance
The District participates in the CalPERS Health Insurance Program, which offers a choice of
several medical plans available to District employees. The District will contribute $350.00* per
month toward the cost of medical insurance for regular, full-time employees (*See Section B
below).
The District will provide registered same-sex domestic partner medical coverage in the CalPERS
Health Program plans as provided for in this section to the extent and in the manner in which
the CalPERS Health Program allows for the registered domestic partner’s enrollment. Unless
the registered domestic partner qualifies as a dependent under Section 152 of the Internal
Revenue Code, registered domestic partner coverage cannot be paid on a pre-tax basis under
the IRS Section 125 Cafeteria Plan or paid for with contributions under the Cafeteria Plan. The
fair market value of the registered domestic partner coverage, less any amount paid by the
employee for that coverage, must be taxed to the employee as income.
B. Cafeteria Plan
The District will continue to provide an IRS Section 125 Cafeteria Plan that employees may
use to pay for the cost of medical, dental, and vision insurance as well as Dependent Care and
Medical Reimbursements on a pretax basis. The District will provide a contribution into the
Cafeteria Plan sufficient to pay for dental and vision insurance, plus an additional amount
toward medical insurance as described below. The Cafeteria Plan contribution will be adjusted
as described below.
1. Effective the first pay period at the beginning of August 2015, the District contributions
for health benefits for calendar year 2019 shall be:will provide monthly contributions to
the Cafeteria Plan in the following amounts for each coverage tier:
• Employee Only: $810860.00 per month
• Employee Plus One: $1,375560.00
• Employee Plus Two or More: $1,7152,020.00
If the employee selects a plan with a greater premium cost than the District contribution,
the employee will pay the additional premium cost.
2. Effective July 1, 2016, District contributions for health benefits for calendar year 2020
shall be:
• Employee Only: up to $35.00 per month (4.0%) increase up to the Kaiser
Employee Only monthly premium.
• Employee Plus One: up to $60.00 per month (4.0%) increase up to the
Kaiser Employee Plus One monthly premium.
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• Employee Plus Two or More: up to $80.00 per month (4.0%) increase up to
the Kaiser Employee Plus Two or More monthly premium.
If the employee selects a plan with a greater premium cost than the District contribution,
the employee will pay the additional premium cost.
the District Cafeteria Plan contribution will be adjusted according to the San Francisco Area
Consumer Price Index for All Urban Consumers for the year preceding the adjustment from
February to February. The July 1, 2016 Cafeteria Plan adjustment shall be not less than 2.0 percent
or greater than 3.0 percent.
2. Effective July 1, 2017, the District Cafeteria Plan contribution will be adjusted according
to the San Francisco Area Consumer Price Index for All Urban Consumers for the year
preceding the adjustment from February to February. The July 1, 2017 Cafeteria Plan
adjustment shall be not less than 2.0 percent or greater than 3.0 percent.
3. District contributions for health benefits for calendar year 2021 shall be:
• Employee Only: up to $35.00 per month (4.0%) increase up to the Kaiser
Employee Only monthly premium
• Employee One: up to $60.00 per month (4.0%) increase up to the Kaiser Employee
Plus One monthly premium.
• Employee Plus Two or More: up to $80.00 per month (4.0%) increase up to
the Kaiser Employee Plus Two or More monthly premium.
If the employee selects a plan with a greater premium cost than the District contribution,
the employee will pay the additional premium cost.
3.4. Cash Back: In the event CalPERS offers a medical insurance plan with lower premiums
than the District contribution, an employee selecting such a plan will have contributions
remaining in the Cafeteria Plan and may apply the remaining contribution to other
qualified benefit costs, or receive the difference in cash.
4.5. Waiver: If an employee provides evidence (e.g. insurance ID card) that he/she isthey are
covered under a non-District medical plan, he/shethe employee may elect to waive such
coverage through the District. Employees waiving medical coverage will receive
contributions under the Cafeteria Plan equivalent to one-half of the District Employee
Only contribution, and may elect to apply such contribution toward other qualified
benefit costs or receive the difference in cash.
5.6. If the District determines, before or during any Cafeteria Plan year, that the Cafeteria
Plan may fail to satisfy any requirements of the Internal RevenueIRS Code for such plan
year, the District shall take such action as the District deems appropriate and necessary
to ensure that the Cafeteria Plan satisfies the requirements of the IRS Code.
C. Dental Insurance
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The District will make available the Delta Dental Plan that is provided to the District as a
subgroup of Santa Clara County. The District will provide a similar plan if the Delta Dental Plan
becomes unavailable. The District will pay the full premium cost of the dental plan coverage for
employees and dependents as a contribution to the Cafeteria Plan.
If an employee is currently covered under a non-District provided dental plan, basically
equivalent to that provided by the District, the employee may elect to waive such coverage
through the District. An employee who elects to waive dental coverage will receive the cash
equivalent of one-half (½) of the dental premium, and may elect to use it for other benefit costs
or receive it in cash.
The District agrees to provide same-sexregistered domestic partner coverage in the dental plan,
if the plan allows for the registered domestic partner’s enrollment.
D. Vision Insurance
The District will make available the Vision Service Plan as provided to the District as a subgroup
of Santa Clara County. The District will provide a similar plan if the Vision Service Plan becomes
unavailable. The District will pay the full premium cost of the vision plan coverage for employees
and dependents as a contribution to the Cafeteria Plan.
An employee may elect to waive vision plan coverage through the District. An employee who
elects to waive vision coverage may elect to apply the full amount of the vision plan premium
toward other benefit costs or receive it in cash.
The District agrees to provide same-sexregistered domestic partner coverage in the vision plan,
if the plan allows for the registered domestic partner’s enrollment.
E. Basic Life and Accidental Death & Dismemberment (AD&D) Insurance
The District will provide basic life insurance coverage equivalent to two times (2x) the
employee’s annual salary and AD&D plan coverage equivalent to two times (2x) the employee’s
annual salary at no cost to the employee. Note: the two times (2x) the employee’s annual salary
may be subject to benefit reductions required by the carrier for employees age 70 and older.
F. Optional Supplemental Life Insurance Benefits
The District shall offer the option of electing Supplemental Life Insurance to employees at the
employee’s cost.
G. Part-Time Employees
Medical, dental and basic life insurance benefits for regular part-time (one-half time or greater)
employees shall be provided on a pro-rata basis unless greater employer contributions are
required by law.
H. State Disability Insurance (SDI)
The District agrees to continue payroll deduction of State Disability Insurance (SDI) premiums
for all employees.
I. Employee Assistance Program
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The District shall provide an Employee Assistance Program for all regular employees of the
District and shall pay the full cost of the program.
J. Long -Term Disability Plan (LTD)
The District will provide a Long-Term Disability Plan, requiring 100% employee participation.
This is an employee paid plan.
K. Retirement
The District contracts with the California Public Employees' Retirement System (CalPERS) to
provide pension benefits for employees. The pension formula for “classic” employees is the
local Miscellaneous 2.5% at age 55 Retirement Plan. “Classic” employees pay 8% of pensionable
salary to pay the employee CalPERS contribution. The pension formula for “new” CalPERS
member employees is the local Miscellaneous 2.0% at age 62 Retirement Plan. “New” employees
pay one-half of the normal cost of their pension plan to pay the employee CalPERS
contribution.
L. Dependent Care and Medical Expense Reimbursement
The District will provide a Dependent Care Plan and Medical Expense Reimbursement Plan in
accordance with Internal Revenue Code Section 125. Such plans enable employees to deposit
funds into the plan and to pay for dependent care and unreimbursed medical, dental, or other
health care expenses on a pre-tax basis.
M. Retiree Medical Coverage
An employee who retires from the District and who begins receiving CalPERS retirement
benefits within one hundred twenty (120) days of separation from District employment will be
eligible to continue his/hertheir CalPERS medical plan coverage during retirement. The District
will contribute Three Hundred Fifty Dollars ($350.00) per month toward the cost of such
employee’s retiree medical plan premium.
Section 6.2 Workers’ Compensation/Industrial Injury or Illness
If, during the performance of assigned duties, an employee sustains an industrial injury or illness
covered by Workers’ Compensation, the District shall augment Workers’ Compensation, long term
disability, and other benefits in order to provide for full pay for the disabled employee up to a
maximum of ninety (90) days in a twelve month period without use of the employee's accrued leave
time; except that the employee must use accrued leave time to cover the three (3) day waiting period
for Workers’ Compensation temporary disability payments, unless the employee is hospitalized as an
inpatient or unable to work more than fourteen (14) days. All industrial injuries or illnesses must be
immediately reported to the employee’s supervisor or Human Resources personnel so that appropriate
report forms can be completed.
Temporary disability benefit coverage will also apply to follow-up medical appointments that occur
during work time as a result of an industrial injury or illness covered by Workers’ Compensation. The
employee must notify the supervisor of all such medical appointments that occur during work time in
the same manner as Section 7.5 B. Sick Leave Usage.
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Temporary disability benefit coverage will not be provided if the District offers the employee a
modified duty assignment within the employee's medical limitations and the employee declines the
modified duty assignment.
A. Modified Duty
In cases of injury or illness, or pregnancydisability, an employee may return to work for modified
duty upon approval of District administration and in consultation with the employee's treating
physician. The length of modified duty will vary depending upon the situation, but modified
duty is a temporary, not permanent, assignment. The An employee shall continue to receive
his/hertheir pre-injury or illness, or disability base pay during the modified duty. Approval for
modified duty shall be based upon the District's ability to provide work consistent with the
employee's qualifications, medical limitations, and the length of time of the limitations. The
District may consult its own physician in determining the employee’s work limitations.
The District follows general principles of reasonable accommodation for determining temporary
modified duty assignments. Modified duty requests shall be made to the employee's immediate
supervisor with appropriate documentation from the treating physician specifying the nature
and duration of the work limitations. The supervisor will review the request and the
documentation for completeness and immediately forward them to the Department Manager,
who will then consult with Human Resources to determine if appropriate work is available at
the employee’s workstation worksite before assigning the employee to another
workstationworksite. An employee on modified duty will be required to accept any modified
duty assignment, schedule and/or work location within the District that is consistent with his
or hertheir limitations. The decision of the District with respect to modified duty assignments,
schedule or work location is final, and is not subject to any grievance or appeal process. The
duration, number and nature of modified duty assignments are subject to the needs of the
District. No employee has any entitlement to any modified duty assignment of any kind or of
any length. If at any point it is determined that the employee is permanently prevented from
returning to his or hertheir usual and customary occupation, the District will initiate the
interactive process to the extent required by law.
Section 6.3 Professional Development
A. Educational Opportunities
1) All District employees are encouraged to pursue educational opportunities that directly
relate to their work, as well as other opportunities that will add to the employee's education
and/or skill level and are intended to prepare the employee for future job assignments
with the District.
2) Employees who register for courses that are determined by the District to be of direct and
significant benefit to the District may receive reimbursement for tuition, fees and book
expenses incurred while taking approved courses. Application shall be made on forms
provided by the District and must be approved in advance of taking the course by the
department manager and the head of Human Resources Manager.
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3) The limit to the amount of tuition and book reimbursement, which may be made per fiscal
year per employee, is determined by the Board of Directors and is currently $8001,200.00.
The amount approved by the department manager is subject to department budgetary
limits.
4) All approved reimbursements shall be made upon the satisfactory completion of course
work and the obtaining of a minimum passing grade of "B" or an equivalent passing rating.
5) Employees shall not be compensated for time spent in attendance at educational
opportunity courses.
B. Training
Hours spent in a required training that results in an hourly employee working in excess of the
normal forty-hour workweek, will be compensated in accordance with FLSA regulations.
C. Confere nce/Convention Attendance
Decisions concerning an employee's request to attend a conference, convention, or other
meeting at the District's expense shall be authorized in advance by the Department Manager.
Permission shall be granted on the basis of the employee's participation in or the direct relation
of the employee's work to the subject matter of the conference.
Members of professional organizations and/or societies may be permitted to attend regular
meetings of the organization and/or society when such attendance is considered to be in the
best interest of the District.
D. Professional Dues and Memberships
See Administrative Policy – 3.01 Request for Partial Reimbursement of Professional
Dues/MembershipsProfessional Dues, Membership Program, & Tuition Reimbursement for
Office, Supervisory, & Management Staff.
Section 6.4 Uniform Compensation for Field Supervisory Staff
A. New Hires
Newly-hired employees working in the classifications of Visitor Services Manager, Land and
Facilities Manager, Area Superintendent, Supervising Ranger, Area Manager, and Maintenance
Supervisor will receive their initial regular uniform items from the District at no cost to the
employee as outlined by the regular uniform items list per the job classification. The General
Manager or designee may authorize additional uniform items if he/she desires.
The District will report the uniform allowance on an annual basis to CalPERS in July each year
for the preceding fiscal year. The uniform allowance amount reported to CalPERS will derive
from the District’s total fiscal year costs for providing and maintaining the employee’s uniforms,
not to exceed $1,500 per year, per employee.
B. Allowance Amount
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The General Manager shall set the annual allowance for replacing worn-out regular or optional
uniform items by the beginning of the fiscal year (i.e., July 1st of each year).
The District will pay any additional cost for oversized uniform items that are commercially
available (not custom or tailored items).
The annual uniform allowance shall be Seven Hundred and Eighty Dollars ($780) which will be
evenly distributed throughout each of the 26 pay periods.
C. Eligibility/Prorating
Employees 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 July 1, the allowance will be prorated based on a full year's allowance.
D. Full Allowance
Employees will have access to a full year's uniform allowance on July 1 following their
probationary period completion date and every July 1 thereafter.
E. Direct Use and Responsibility
Employees will use the uniform allowance directly with vendors.
F D. Provided Items (No Cost)
As set out in the Field Employees Association Memorandum of Understanding, in addition to
the uniform allowance items referred to in the regular uniform list in the job classification, the
District provides District-owned items to field employees (e.g., coveralls) at no cost to the
employees. All items covered by this section remain the property of the District and will be
returned to the District upon separation from District employment.
GE . Boots, Coveralls, Raincoats and Rainpants
In addition to the uniform allowance items referred to in the regular uniform list, the District
will provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the
employees. These items will be replaced at the request of the employee, on approval of
his/hertheir immediate supervisor. The District will provide steel-toed work boots at the
employee’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.
H F . Boot Replacement
This policy will be the same as set out in the Field Employees Association Memorandum of
Understanding then in effect.
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POLICY 7 LEAVE TIME
The General Manager sets the holiday schedule annually for all District employees. The General
Manager may close the District’s Administrative Office during the winter holiday week. The
General Manager will notify employees each year if a closure will occur.
Section 7.1 Holidays
A. Administrative Office Staff, Area Superintendents and Area Managers
Annual holidays shall normally consist of:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
The day after Thanksgiving
Last workday preceding the Christmas Day observance
Christmas Day
B. Supervising Rangers and Maintenance Supervisors
Annual holidays shall normally consist of:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
The day after Thanksgiving
Last four hours of last workday preceding the Christmas Day observance
Christmas Day
C. Regular part-time employees are eligible for the same paid holidays on a pro rata hour
basis according to the average number of hours they work, unless greater employer contributions
are required by law.
D. Usage
1) If a paid holiday falls on Saturday, the holiday shall be observed on the preceding Friday.
If a paid holiday falls on Sunday, the holiday shall be observed on the following Monday.
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For employees scheduled to work Saturday and Sunday, holidays will be observed on the
actual day they occur.
2) Holidays, which occur during an employee’s vacation, shall not be charged against vacation
time.
3) An hourly employee who is assigned to work on a scheduled holiday has three choices for
compensation:
a) One and one-half times his/hertheir regular rate of pay plus a replacement holiday
within the following two weeks, provided the supervisor and the employee can reach
mutual agreement on the replacement day; or
b) One and one-half times his/hertheir regular rate of pay plus the corresponding
number of hours added to his/hertheir holiday bank; or
c) Two and one-half times his/hertheir regular rate of pay.
4) When a holiday falls on a regularly assigned day off, an hourly employee will receive the
corresponding number of hours in his/hertheir holiday bank.
5) The holiday bank will be administered according to the following provisions:
a) Employees who wish to schedule time off covered by the holiday bank shall submit
requests to their supervisor. Such requests shall be approved with due consideration
for the desires of the staff and for the requirements of the work location. Holiday time
off requests shall normally consist of 8-hour increments.
b) Any time remaining in the holiday bank at the end of the calendar year shall be paid
to the employee in cash at the current rate of pay by December 31st of the same
calendar year subject to subsection d below.
c) Employees who terminate during the calendar year shall be paid for all time remaining
in their holiday bank at the current rate of pay.
d) Employees assigned to work the last four hours of the workday preceding Christmas
Day and/or Christmas Day or whose regular days off occur on the holidays may
convert up to twelve (12) unused holiday hours to vacation.
6) Only an employee who is in paid status five (5) days before and five (5) days after a holiday
shall be eligible for paid holiday benefits as described herein; this requirement will not be
applied to the annual closure of the District’s Administrative office Office during the
winter holiday week.
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Section 7.2 Personal Leave
A. Allotment
Regular full-time employees shall earn thirty-six (36) hours Personal Leave time each calendar
year. Notwithstanding the above, regular full-time Supervising Rangers and Maintenance
Supervisors shall earn thirty-two (32) hours personal leave time each calendar year. Regular part-
time employees shall earn a pro-rated number of hours of personal leave time according to the
average number of hours worked.
B. Accrual
Employees shall accrue Personal Leave throughout the year, pro-rated for each pay period.
C. Usage
1) Supervisor approval is required for use of Personal Leave and shall normally be granted if
the employee provides reasonable advance notice, and if the granting of the time off does
not unduly disrupt District operations. Except in emergency situations in which reasonable
advance notice could not be given, no reason for use of personal leave need be given.
2) Personal Leave hours must be taken in one-half hour minimum increments.
3) Should an employee terminate his/hertheir employment with the District, any Personal
Leave the employee has remaining in his/hertheir leave bank shall be paid to the employee
at his/hertheir current hourly rate of pay.
Section 7.3 Administrative Leave – Salaried Employees
A. Allotment
Administrative Leave time will be granted to salaried employees as follows:
1) The Assistant General Managers, the Chief Financial Officer/Director of Administrative
Services and the District Clerk/Assistant to the General Manager will receive eighty-eight
(88) hours of Administrative Leave time per calendar year.
1)2) The At-Will Department Managers and the Assistant General Counsel I-II will
receive sixty-four (64) hours of Administrative Leave time per calendar year.
23) Salaried employees who are required to regularly attend night and/or weekend meetings,
training, or other activities shall be eligible to receive a minimum of sixteen (16) hours and
a maximum of forty (40) hours of Administrative Leave per calendar year. The General
Manager, upon Department Manager recommendation, shall determine the amount of
Administrative Leave allotted to each salaried employee by January 1st each year.
Adjustments to the allotment can be made on a quarterly basis if the amount of night
and/or weekend work requirements of the District change during the course of the year.
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34) All other salaried employees will receive sixteen (16) hours of Administrative Leave per
year.
45) Employees who are in unpaid leave status during any quarter will receive a prorated
amount of Administrative Leave in the next quarter.
5) An annual payroll memo listing the number of administrative leave hours will be sent to
each employee in the first pay period of each calendar year.
B. Accrual
Each regular District employee shall accrue Administrative Leave throughout the year, pro-
rated for each pay period.
Employees may accrue a maximum of the total amount of Administrative Leave for which they
are eligible each calendar year. Employees who reach this limit will not accrue any additional
Administrative Leave unless and until the amount of their accrued Administrative Leave falls
below the accrual limit. In that event, the employee will commence Administrative Leave accrual
until the maximum amount of their accrued Administrative Leave reaches the maximum total
annual accrual limit.
C. Usage
1) Supervisor approval is required to use Administrative Leave.
2) Administrative Leave time must be taken in one-half hour minimum increments.
Section 7.4. Vacation
A. Accrual
1) Each regular District employee shall earn vacation time according to his/hertheir years of
service as noted in the chart below and the number of hours paid to the employee during
any given pay period. All regular part-time District employees shall earn vacation time on
a pro-rata basis in accordance with the number of hours paid, exclusive of overtime.
Years of Service Earnings per
Hour Paid
Equivalent 8-Hour Days
per Year (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
2) Employees may accrue up to two times the amount of their annual vacation. Employees
who reach this accrual limit will not earn any additional vacation days unless and until the
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amount of their accrued vacation time falls below the accrual limit.
B. Usage
1) Vacation shall be taken in minimum increments of one-half hour.
2) Department Managers or their designee shall approve vacation requests from their
respective staff members with due consideration for the desires of the entire staff and for
the work requirements of the department or field office. Vacation schedules may be altered
to allow the department or field office to meet emergency or unanticipated situations.
3) Employees with a minimum balance of 120 hours of vacation on December 1st of each
year, are eligible to submit an irrevocable election to cash-out up to forty (40) hours twice
per year, for a maximum of eighty (80) hours per payroll calendar year. In accordance
with IRS regulations, vacation hours cashed out must be accrued in the payroll calendar
year following the cash-out election. Such irrevocable elections must be received in writing
by the Finance Department no later than December 1st for any cash-out payment to be
made in the following calendar year. Cash-out payments shall be paid to the employee in
June and/or December.
4) An employee who has a minimum of 120 hours vacation leave balance on either June 1 or
December 1 of each year may elect to cash out up to forty (40) hours of such leave twice
per year, in June and December. Such requests must be received in writing by June 15 or
December 15 of each calendar year and shall be paid to the employee on or before June
30th or December 30th.
5)4) Upon termination, an employee shall be paid at his/hertheir current hourly rate of
pay for any vacation accrued but not used.
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Section 7.5 Sick Leave
A. Accrual
All regular full-time District employees shall earn sick leave at a rate of 0.04615 hours per paid
hour for a total of 12 days per calendar year. A calendar year is defined as the District’s payroll
calendar year (January – December). Sick leave shall accrue from the date of employment and
may be accumulated on an unlimited basis.
This Section 7.5 is intended to comply with the California Paid Sick Leave Law and Labor Code
section 233 (“Kin Care”).
Paid sick leave for temporary and/or part-time employees, including seasonal employees, and
paid interns is addressed in Administrative Policy 3.06 Healthy Workplaces, Healthy Families
Act of 2014 (AB1522).
B. Usage
1) Sick leave is leave from duty which may be granted by the District to an employee because
of his or hertheir own illness or injury, or for the reasons specified below. Employees are
eligible to use sick leave for the following reasons:
a) Diagnosis, care, or treatment of an existing health condition of, or preventative care
for, an employee.
b) Personal illness or physical disability.
c) Quarantine by a physician.
d) Health care appointments including medical, dental, vision or Employee Assistance
Program.
e) Diagnosis, care, or treatment of an existing health condition of, or preventative care
for, an employee’s immediate family member, subject to subsection 5 below.
f) Being a victim of domestic violence, sexual assault, or stalking, the purposes described
in the California Labor Code subdivision (c) of Section 230 and subdivision (a) of
Section 230.1.
g) Worker's Compensation.
h) For any other reason the law may permit.
2) Sick leave shall be taken in minimum increments of one half hour.
3) Any employee who is unable to report to work because of any of the reasons noted above
shall report the reason for absence to his/hertheir supervisor as soon as reasonably
possible, and no later than the designated starting time each day he/shethe employee is
unable to report to work unless physically unable to do so. In the event the employee is
physically unable to report the absence prior to the employee’s start time, the employee
should report the absence to the supervisor as soon as reasonably possible. Sick leave with
pay may not be authorized for compensation unless such a report is made. For a prolonged
illness, special arrangements regarding notifying a supervisor may be made.
4) Upon resignation, separation from service, or retirement from District employment,
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employees in good standing with ten (10) or more years of District employment will
receive a cash payment of the equivalent cash value of accrued sick leave as follows:
Years of Employment Percentage of Equivalent Cash
Value of Accrued Sick Leave
10 – 15 20%
16 – 20 25%
21 or more 30%
An employee hired before August 9, 2006 who retires from the District shall receive a cash
payment of the percentage of equivalent cash value of accrued sick leave based on years
of employment as described above, and apply the remainder of the equivalent cash value
toward his/hertheir cost of retiree medical plan premiums and/or other qualified medical
expenses. Upon retirement, the amount qualified and designated for retiree medical costs
shall be deposited in the Retiree Health Savings (RHS) plan, set up by the District. The
cost for maintaining the retiree’s RHS account and the annual fee for the reimbursement
process of qualified medical expenses will be paid for by the retiree.
An employee hired on or after August 9, 2006 who retires from the District may elect to
receive only a cash payment of the percentage of equivalent cash value of accrued sick
leave based on years of employment as described above.
In all cases the equivalent cash value of accrued sick leave will be based on current rate of
pay as of the date of separation from District employment.
5) An employee may use up to 80 hours of accrued sick leave per calendar year for the
diagnosis, care, or treatment of an existing health condition of, or preventative care for,
an employee’s immediate family member. An employee’s immediate family member shall
consist of the employee’s:
• Spouse or registered domestic partner
• Child (including a biological, adopted, or foster child, stepchild, legal ward, or
a child to whom the child stands in loco parentis)
• Parent (including biological, adoptive, or foster parent, stepparent, or legal
guardian of an employee or the employee’s spouse or registered domestic
partner, or a person who stood in loco parentis when the employee was a
minor child)
• Grandparent
• Grandchild, or
• Sibling
6) If an employee is ill on a designated paid holiday, the holiday shall be charged as
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holiday time and shall not be charged against sick leave.
7) An employee who is injured or becomes ill while on pre-approved vacation leave may
submit a request in writing to the head of Human Resources Manager to modify the
approved leave from vacation to sick leave provided that the employee meets the
requirements for usage of sick leave under this section, and presents a supporting
statement indicating the employee’s need for sick leave signed by a health care provider
covering the period for which sick leave is claimed.
8) An employee absent on paid sick leave five (5) days or more may be required to submit
to the appropriate supervisor verification from a health care provider of his/hertheir
illness or injury and ability to return to work. An employee absent on paid sick leave
five (5) days or more in order to care for an immediate family member as defined in
this section will be required to submit (to the appropriate supervisor), verification from
a health care provider of the family member's illness or injury and the inability of that
person to care for his/hertheir needs independently.
9) If an employee uses all of his or hertheir accrued sick leave, the employee may request
his or hertheir accrued vacation leave be deducted for each day absent due to illness
or injury. The employee may also consult with Human Resources to determine
whether he or she is eligible for Family and Medical Leave, disability leave, or an
advance of sick leave in accordance with subsection 10 below.
10) If an employee has exhausted or will exhaust his or hertheir accrued sick leave, up to
10 days of sick leave may be advanced to an employee by the General Manager or
designee on a case-by-case basis to cover the employee's absence. The employee must
submit the request in writing to his/hertheir supervisor in advance of the absence for
which the sick leave is requested. The General Manager or designee may request
supporting statements from the employee's health care provider. Upon termination,
the employee must reimburse the District for any advanced sick leave not covered by
subsequent leave accrual.
Section 7.6 Bereavement Leave
A leave of absence with pay not to exceed three consecutive working days will be granted to a regular
District employee in the event of the death of a member of the employee's immediate family. The
head of Human Resources Manager may allow the use of 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 employee's absence in excess of three days.
For purposes of bereavement leave, "immediate family" shall mean the employee’s spouse or
registered domestic partner (as defined in the Sick Leave section), parents, grandparents, step-parents,
mother or father-in-law, grandmother or grandfather-in-law, children, step children, grandchildren,
son or daughter-in-law, brother or sister, brother or sister-in-law, aunt or uncle of the employee or
spouse/registered domestic partner, or any relative living in the immediate household of the employee.
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Section 7.7 Witness/Jury Duty
A leave of absence with pay will be granted a regular District employee subpoenaed as a witness in a
matter related to an event or transaction involving the employee which occurred in the course of
his/hertheir duties or called for jury duty as long as any compensation the employee receives for such
duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly
scheduled work time lost because of such duty shall not affect the employee's accrual of vacation, sick,
or personal holiday time.
Section 7.8 Military Leave
Under federal law, no advance notice is required before going on leave if “the giving of such notice
is precluded by military necessity or, under all of the relevant circumstances, the giving of such
notice is otherwise impossible or unreasonable.” (38 U.S.C. § 4312(b).)
A. Re-Employment Rights of Employees Returning from Military Service
Employees returning from military leave may be reinstated provided that:
1) The employee was a regular District employee prior to taking military leave;
2) The employee gave advance written or verbal notice to the District’s Human Resources
Department of the leave;
3) The cumulative length of absence and of all previous absences of employment with the
District because of military service does not exceed 5 years;
4) Reinstatement would not pose an undue hardship on the District;
5) The returning employee must report back to work in accordance with the provisions of
the Uniformed Services Employment and Reemployment Rights Act” (USERRA).
6) For employees returning from a leave of less than 31 days, the statutory deadline for
returning to work is “the first full calendar day following the completion of the period of
service and the expiration of eight hours after a period allowing for the safe
transportation of the person from the place of that service to the person's residence.”
5)7) Other statutory provisions may extend the reporting/reapplication deadline for good
cause. (38 U.S.C. § 4312(e).)United States Employee and Employment Rights Act
(USEERA):
a) Employees returning from military leave of less than 31 days must report for
employment no later than the beginning of the first full regularly scheduled work
period on the first full calendar day following completion of service;
b) Employees returning from leave of more than 30 days but less than 181 days must
report for employment no later than 14 days after completion of service;
c) Employees returning from leave of more than 180 days must seek reinstatement within
90 days after completion of service.
B. Employees taking leave for military service for active duty or training may be entitled to pay
as described by the Military and Veteran’s Code sections 395.02 and 395.05.
Section 7.9 Leave of Absence
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A. Family Medical Leave Act (FMLA)/California Family Rights Act (CFRA)
Pregnancy Disability Leave (PDL)/Catastrophic Leave Program
Please see Appendix B for information regarding Leave of Absence under FMLA and/or CFRA;
or information regarding Pregnancy Disability Leave (PDL) see Appendix D; and for
information regarding the Catastrophic Leave Program see Appendix A.
B. General Unpaid Leave
1) A leave of absence without pay and benefits for a period of at least six (6) days but not to
exceed four (4) months may be granted a regular District employee who has been in the
service of the District for at least one (1) year and who has no more than two (2) weeks of
vacation accrued at the time of the commencement of the leave, provided such a leave can
be scheduled without adversely affecting the operations of the District. Request for such
a leave shall be directed in writing to the General Manager and shall contain justification
for the leave.
2) A short-term leave of absence without pay for up to five (5) days per fiscal year may be
granted a regular District employee who has successfully completed the probationary
period and who has no more than two (2) weeks of vacation accrued at the time of the
commencement of the leave, provided such a leave can be scheduled without adversely
affecting the operations of the District. Requests for such a leave shall be approved by the
employee's department manager.
3) If the approved leave of absence is more than five (5) working days but less than four (4)
weeks, the employee will be required to reimburse the District for the pro-rata share of
the employee's benefit costs. If the approved leave of absence exceeds four (4) weeks, the
employee may, to the extent available under the applicable plan, elect to continue health,
dental, life insurance, and other insurance benefits, in which case premiums for such
extended coverage shall be paid fully by the employee.
4) Adjustment of Anniversary Date/Vacation Accrual: If an employee is on leave of absence
without pay in excess of twenty working daystwo (2) complete pay periods, the employee's
anniversary date for purposes of evaluation, pay increases and vacation accrual shall be
extended by the number of days included in the period of leave without pay.
Section 7.10 Time Off To Vote
If an employee does not have sufficient time outside of working hours to vote in a statewide election,
he/shethey may, without loss of pay, take off up to two hours of working time to vote. Unless
otherwise approved in advance by the employee’s supervisor, such time must be at the beginning or
the end of the regular working shift, whichever allows the most free time for voting and the least time
off from working. Employees must notify the District at least two working days in advance to arrange
a voting time. In addition, an employee may serve as an election official on Election Day by taking
unpaid time off or utilizing, unused accrued vacation leave time.
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POLICY 8 EMPLOYEE CONDUCT AND DISCIPLINE
Section 8.1 Purpose/Procedure
Discipline is action taken by the District designed to modify and improve employee conduct or
performance, except in the case of termination. The objective of the disciplinary program includes
educating employees about the type of conduct or performance expected of them, providing
appropriate and equitable consequences for inappropriate or below standard conduct or performance
and providing a record of corrective action taken by the District. Whenever appropriate, District
Supervisors will utilize counseling and coaching of an employee to improve conduct or performance
prior to disciplinary action. The District has discretion to select a disciplinary penalty, in light of the
severity of the offense, and/or the number, frequency and length of time since the previous acts of
misconduct or performance deficiencies.
Section 8.2 Conduct Subject to Discipline
Disciplinary action, up to and including termination, may be imposed for behavior including, but not
limited to, the following:
1) Fraud or deception in securing employment or promotion, including, but not limited to,
giving false or misleading information on an application form, application supplement, or
interview;
2) Violating safety rules or practices, conducting one’s self in an unsafe manner, or failure to
report unsafe situations or creating unsanitary conditions;
3) Damaging District property through negligence or misconduct and/or failure to report
damage;
4) Misuse of District work time, or theft or misuse of District property, funds or equipment,
including use for personal purposes;
5) Rude, discourteous offensive or abusive treatment of others, including the public, failure
to maintain cooperative and effective working relationships with others, disrupting the
work of others, or threats of any kind;
6) Incompetence, inefficiency, inattention or negligence in the performance of duties;
7) Below standard work performance or failure to maintain the minimum qualifications for
the position, including any required licenses;
8) Misusing or failing to use delegated authority in the performance of duties and/or
unauthorized use of District badges, identification or uniforms;
9) Maintaining personal appearance in a manner not appropriate for the job or job safety, or
in a manner which discredits the District;
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10) Abuse or misuse of leave or un-excused, unauthorized, excessive or patterned
absenteeism, failure to comply with absence or leave reporting procedures, or leaving duty
or assigned work location without proper approval or appropriate reason;
11) Failure to keep required work hours, including tardiness in reporting to work or returning
from meal or rest breaks or to meetings or other assignments;
12) Conduct unbecoming an employee of the District either on or off duty, where such
behavior discredits the District;
13) Violation of District and/or department rules, regulations, procedures and policies or
ordinances;
14) Failure to exercise good judgment in the performance of one’s job;
15) Unauthorized access, possession, destruction, and/or duplication of District records,
including the unauthorized release of confidential records;
16) Insubordination (failure or refusal to follow directions);
17) Dishonesty, fraud or deception including falsification of District records or documents;
18) Any conviction by a court which would be incompatible with the work performed for the
District, including an offense committed off duty.
Section 8.3 First Level Discipline
First Level discipline shall be administered by the Supervisor under the direction of the Department
Manager, Area Manager, or Area Superintendent. First Level discipline is not subject to the
notification or appeal process described in this policy. Failure on the part of the employee to show
sufficient improvement at each step of the disciplinary process could result in further disciplinary
action, up to and including termination. First Level discipline consists of the following:
1) Oral Warni ng is an oral notice advising the employee that his/hertheir behavior or
performance must be improved and that the notice is an Oral Warning under the discipline
policy. The supervisor will record the date and content of the oral warning.
2) Warning Notice is a written warning to the employee describing the employee’s behavior
or performance which must be improved, and shall be retained in the employee’s personnel
file. Upon written request of the employee, the warning notice will be purged from the
employee’s file after one (1) year, if the employee shows consistent improved behavior as
determined by the employee’s Supervisor, and acknowledged by the Department Manager,
Area Manager, or Area Superintendent, and following completion of the employee’s annual
written performance evaluation.
3) Written Reprimand is a written notice to the employee to immediately correct or improve
behavior or performance. Whenever appropriate, the Written Reprimand will include a written
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Plan-for-Improvement. The written reprimand becomes a permanent part of the employee’s
personnel file.
Section 8.4 Second Level Discipline
Second Level discipline may be recommended by the Supervisor or Department Manager. If a
Supervisor recommends Second Level Discipline, it must be approved by the Department Manager.
The head of Human Resources Manager or designee will approve and administer Second Level
Discipline. Second Level discipline becomes a permanent part of the employee’s personnel file.
Second Level discipline is subject to Notice to Employees in Section 8.5. An employee receiving a
Second Level discipline may also utilize the Appeal Process set out in Section 8.6. Second level
discipline consists of the following:
1) Suspension Without Pay and Benefits is the temporary removal of an employee from
the employee’s duties without pay and without benefits. Failure on the part of the employee
to show immediate and sufficient improvement upon return to duty could result in further
disciplinary action, up to and including termination. Unless expressly approved by the General
Manager, an employee suspended without pay and benefits cannot use vacation, personal
leave, administrative leave, sick leave or CTO compensatory time during the suspension
period.
2) Demotion/Reduction in Pay Step is the temporary reduction in the classification and/or
pay of an employee for a specified period of time and a specified amount of pay. Demotion
can also be a reduction in pay step of the employee for a specified period of time and specified
amount of pay.
3) Termination of employment.
Section 8.5 Notice to Employees of Second Level Disciplinary Action
Prior to imposing a Second Level disciplinary action, the District shall provide a written
Notice of Proposed Disciplinary Action informing the employee of his/hertheir right to a pre-
disciplinary hearing.
A. The Notice of Proposed Disciplinary Action shall include:
1) A description of the discipline proposed;
2) A statement of the reasons for which the action has been proposed and the policies,
procedures or rules that are alleged to have been violated; and, if applicable, a list of any
previous disciplinary actions, counseling, evaluations or other relevant actions which
support the proposed discipline;
3) Copies of any documents the District relied upon in reaching a decision to propose the
discipline action;
4) A statement advising the employee that he/shethey may make a written request for pre-
disciplinary meeting regarding the proposed disciplinary action, before it takes effect;
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5) The name of the person to whom the request is to be made, and the last date upon which
a request may be made, which shall be no less than seven (7) days from the delivery of the
Notice of Proposed Disciplinary Action to the employee.
B. Response to Notice of Proposed Disciplinary Action
Failure by the employee to respond to the Notice of Proposed Disciplinary Action within the
period allowed (See A. 5 above) shall result in disciplinary action taking effect as proposed. In
lieu of a pre-disciplinary meeting, the employee can submit a written statement in response to
the Notice of Proposed Disciplinary Action within the time period allowed in the Notice.
C. Pre -disciplinary Meeting
Provided the employee makes a timely request, the Assistant General Manager, CFO/Director
of Administrative Services, or head of Human Resources Manager will hold a pre-disciplinary
meeting. The purpose of the meeting is to allow the employee to respond to the Notice of
Proposed Disciplinary Action, and to present any relevant information or mitigating
circumstances. The employee may have a representative present.
The Assistant General Manager, CFO/Director of Administrative Services, or head of Human
Resources Manager may affirm, revoke or modify the proposed disciplinary action upon any of
the following:
1) After considering the employee’s response at the pre-disciplinary
meeting, or
2) After considering a timely pre-disciplinary written response, or
3) After expiration of the employee’s time to respond to the Notice of Proposed Disciplinary
Action without receipt of a timely response.
A decision to affirm or modify the proposed discipline will be reflected in a subsequent written
Notice of Disciplinary Action. The Notice of Disciplinary Action will notify the employee of
his or hertheir right to appeal the discipline under the provision of Section 8.6 if the Assistant
General Manager or CFO/Director of Administrative Services decides to impose second level
disciplinary action, or if the employee is entitled to appeal the discipline under Section 8.9.
Section 8.6 Post Discipline Appeal Process
Any regular non-probationary and non at-will employee shall have the right to appeal any Second
Level disciplinary action. The following shall apply:
1) A Request for Appeal shall be made in writing, signed by the employee and filed with the
head of Human Resources Manager within ten (10) business days of the Notice of
Disciplinary Action.
2) Upon receiving a timely Request for Appeal, the head of Human Resources Manager shall
arrange for an appeal hearing with the General Manager and shall notify the employee of
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the date and time of the hearing. The General Manager may appoint a Hearing Officer to
hear the appeal and to recommend a decision to the General Manager.
3) The employee shall appear personally before the General Manager or Hearing Officer and
may be represented by a representative or counsel of his/hertheir choice. In the event that
the employee fails to personally appear, without satisfactory proof of a good cause, the
appeal shall be deemed waived.
4) All parties and witnesses to be heard at the hearing shall be sworn and shall testify under
oath. The hearing shall be recorded. The District Clerk has the authority to issue
subpoenas in the name of the District. Each party is responsible for serving its own
subpoenas. All parties have the right to: introduce evidence; present witnesses; cross-
examine opposing witnesses; impeach any witness; rebut evidence against him or herthem;
and to be represented by counsel at their own expense.
5) The hearing shall not be conducted according to formal rules relating to evidence and
witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is
the sort of evidence on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law or statutory rule, which
might make improper the admission of the evidence over objection in civil actions.
Hearsay evidence may be admitted, but it may not be the sole basis upon which a finding
is made. During the examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon the request of either party. The District has the burden
of proof of the basis, by a preponderance of the evidence, for the disciplinary action. The
hearing will be closed to the public unless the employee requests it to be open.
6) Upon conclusion of a hearing and completion of the administrative record, the General
Manager shall prepare his/hertheir decision in writing within forty-five (45) working days.
7) In the event a Hearing Officer was used, the following steps shall apply:
a) The Hearing officer shall prepare his/hertheir advisory findings and recommendations
to the General Manager within forty-five (45) working days following the conclusion
of the hearing and completion of the administrative record.
b) The General Manager shall review the Hearing Officer’s advisory findings and
recommendation(s), the evidence and transcripts of the hearing, and the briefs of the
parties, if any. The General Manager shall then prepare his/hertheir decision on the
appeal within forty-five (45) working days following receipt of the Hearing Officer’s
written recommendation.
c) The General Manager may accept, reject or modify the Hearing Officer’s
recommendation(s) and shall include the reasons for rejection or modification, if
applicable. The employee is entitled to a copy of the Hearing Officer’s
Recommendations.
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d) The decision of the General Manager is final and binding. The General Manager shall
send his or hertheir written decision, along with a proof of service of mailing, to each
of the parties and the parties’ representatives. Pursuant to Civil Code Section 1094.6
the parties have 90 days from the date of proof of service of mailing of the written
decision to appeal the decision to the Santa Clara County Superior Court.
Section 8.7 Waiver of Time Limits or Other Provisions of the Appeal Process
Understanding that extenuating circumstances can occur for either party, any time limits or procedures
specified in this Policy 8 may be waived upon mutual written consent of the District and the employee.
Section 8.8 No Interruption of Work
Reasonable District work time shall be provided to the employee to meet with his/hertheir
representative. The employee shall give his/hertheir Supervisor reasonable prior notice of the date
and estimated time needed. The Supervisor shall document such requests and the actual time taken.
Section 8.9 Peace Officer Bill of Rights
The Appeal Process set out in Section 8.6 shall constitute the administrative appeal required by Section
3304(b) of the Public Safety Officers Procedural Bill of Rights (POBR). An employee who is the
subject of punitive action that entitles him or herthem to an administrative appeal under POBR may
appeal such action by use of the process set out in Section 8.6.
POLICY 9 GRIEVANCE PROCEDURE
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A. The General Manager, after appropriate actions described below, shall promptly consider
employee grievances relating to employment conditions and take action, which he or she deems
appropriate. This process excludes disciplinary appeals which are governed by Policy 8 above.
However, informal resolution of all grievances between the employee or employees and
immediate supervisor(s) is encouraged. This policy and procedure applies to unrepresented
employees only.
B. The following steps shall be followed in submitting and processing a grievance, which has
not been informally resolved:
Step 1. If the aggrieved employee or group of employees is not satisfied with their
immediate supervisor's reply to their oral grievance, they shall present their oral
grievance to each supervisory level in their work unit, including the Department
Manager if necessary. At each step up to and including the Department Manager,
replies shall be given the aggrieved employee(s) within five (5) working days of the
grievance's presentation date.
Step 2. If the oral grievance is not settled in Step 1, it shall be put in writing, dated,
and signed by the aggrieved employee or group of employees and presented to the
head of Human Resources Manager within five (5) working days after the Department
Manager's oral reply was given, not including the day on which the answer was given.
The head of Human Resources Manager shall reply in writing to the grievance within
five (5) working days of the date of the presentation of the written grievances, not
including the day of its presentation. The Administration and Human Resources
Manager Manager may consult with intermediate supervisors as necessary during the
grievance procedure.
Step 3. If the written grievance is not settled in Step 2, it shall be put in writing, dated
and signed by the aggrieved employee or group of employees and presented to the
General Manager within five (5) working days after the head of Human Resources
Manager’s' written reply was issued, not including the day on which the answer was
given. The General Manager shall reply in writing to the grievance within five (5)
working days of the date of presentation of the written grievance, not including the
day it was presented. The General Manager may conduct whatever research and/or
hearings he or she deems necessary or be required by other applicable law before
rendering a decision. If such a hearing is called, it shall be conducted with a recording
or written summary of the proceeding.
C. The decision of the General Manager shall be final and binding on the employee or the
group of employees.
D. Any grievance not taken to the next step within five (5) working days after receipt of a
decision in the previous step shall constitute an action of acceptance, and the grievance shall
be considered settled.
E . The time limits prescribed in this section for the initiation and completion of the steps of
the grievance procedure may be extended by mutual consent of the parties involved. Likewise,
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any step in the grievance procedure may be eliminated by mutual consent. Mutual consent
shall be indicated in writing, and shall be signed by all parties involved.
F. Employees are free to use this Grievance Procedure without fear of retaliation.
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APPENDIX A CATASTROPHIC LEAVE PROGRAM
Section A. 1 Purpose
The Catastrophic Leave Program is designed to assist District employees (called receiving
employees) who have exhausted paid time credits due to a serious, catastrophic or debilitating
illness, injury or condition of the employee or of a member of the employee's immediate family
(as defined in the Policies and Procedures). This program allows other District employees (called
donating employees) to make grants of time to a bank maintained by Human Resources so that
qualified employees 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 are converted
to sick leave for use by qualified employees.
Section A. 2 Conditions for Receiving Employees
There are four criteria for eligibility as a receiving employee. The receiving employee must:
1. Be a regular full- or part-time District employee;
2. Exhaust all available paid leave time, including sick leave*1, 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 thirty (30) days and have applied for
a 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 Human
Resources for approval.
An employee may be asked to submit supporting medical documentation (i.e., a statement from
his/hertheir doctor) with the application. Approval or rejection for participation must be made
by Human Resources within two (2) weeks after the completed application is submitted. An
employee may be asked to verify his/hertheir status for continuing eligibility for the program.
Human Resources will periodically distribute a Donation of Accrued Time Credits form to all
District employees so they can specify donations they wish to make to the bank.
Benefits available to a receiving employee participating in the program will be treated as though
the additional sick leave credited to him/herthem belongs to him/herthem. 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/hertheirs.
*1 In the event the General Manager has refused to extend the eighty (80) hour limit on sick leave usage for care of
a family member, such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on
the books.
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The total credits received by the employee shall not exceed the amount of time the employee is
required to be absent from work because of his/hertheir medical condition and shall normally not
exceed three (3) months; however, if approved by the General Manager, the total leave credits
received may be up to a maximum of six (6) months.
Section A. 3 Conditions for Donating Employees
Donations must be made to the bank on a form signed by the donating employee and submitted
to the Human Resources Supervisor. The District will not identify donors.
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)
Sick leave -- one (1) hour of accrued sick leave may be donated for every two one (21)
hours of
other types of accrued leave time
Donations must be made in one-hour increments. The Human Resources Supervisor Manager
may utilize appropriate and reasonable mechanisms in administering the donations to assure that:
1. The employee receiving donations does not receive an excessive amount beyond
his/hertheir need;
2. Employees donating leave have sufficient sick leave time remaining.
These objectives shall be accomplished by requiring that any donating employee has a minimum
of forty (40) hours of sick leave balance after the donation is made. 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/hertheir own rate
of pay.
Donations, once credited to the bank, are forfeited forever by the donating employee.
In order to donate, an employee must submit a Donation of Accrued Time Credits form to Human
Resources for processing.
The District does not assume any tax liability for donated or received leave, and employees should
confer with their own tax advisors for the tax implications for either donating or receiving leave
under this provision.
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APPENDIX B FAMILY AND MEDICAL LEAVE
The District will authorize a leave of absence for eligible employees as Family and Medical Leave
as required by the Federal Family and Medical Leave Act of 1993 (“FMLA”) and/or the California
Family Rights Act (“CFRA”). The following provisions set forth certain rights and obligations
with respect to such leave. Rights and obligations which are not specifically set forth below are
set forth in the Department of Labor regulations implementing the FMLA, and the California
regulations implementing the CFRA. Unless otherwise provided by this policy, leave under this
policy shall mean leave pursuant to the FMLA and CFRA.
Section B. 1 Eligibility requirements
An employee is eligible for Family and Medical Leave under this policy if the employee:
a) Has been employed by the District for at least twelve (12) months; and
b) Has actually worked for at least 1,250 hours during the twelve- (12) month period
immediately preceding the beginning of the leave.
c) “12-month period” means a rolling twelve- (12) month period measured backward from
the date leave is taken and continuous with each additional leave day taken.
Section B. 2 Reasons for Leave
Family and Medical Leave is permitted for the following reasons:
a) The birth of a child or to care for a newborn of an employee;
b) The placement of a child with an employee in connection with the adoption or foster care
of a child;
c) Leave to care for a child, parent, registered domestic partner or a spouse who has a serious
health condition;
d) Leave because of a serious health condition that makes the employee unable to perform
the functions of his/hertheir position;
e) Leave for a “qualifying exigency” arising out of the fact that an employee’s spouse, son,
daughter, or parent is on covered active duty or call to active duty status (under the FMLA
only, not the CFRA); or
f) Leave (military caregiver leave) to care for a spouse, son, daughter, parent, or “next of kin”
covered service member of the United States Armed Forces who has a serious injury or
illness incurred in the line of duty while on active military duty or which existed before the
beginning of the member’s active duty and was aggravated by service in the line of duty
on active duty in the Armed Forces (this leave can run up to twenty-six (26) weeks or
unpaid leave during a single twelve- (12) month period) (under the FMLA only, not the
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CFRA). Single twelve- (12) month period means a twelve- (12) month period which begins
on the first day the eligible employee takes FMLA leave to take care of a covered service
member and ends twelve (12) months after that date.
Family and Medical leave under CFRA is not available for leave for serious health conditions due
to pregnancy or childbirth. Instead, California identifies a separate leave for this purpose as
pregnancy disability leave. See the District’s Pregnancy Disability Leave policy (Appendix D) for
more information or contact Human Resources.
Section B. 3 Duration of Leave
An eligible employee is entitled to Family and Medical Leave as follows: Up to sixteen (16)
workweeks of leave (or up to twenty-six [26] workweeks to care for a covered service member)
during any twelve- (12) month period. This leave may be taken intermittently or as a reduced
schedule, only with documentation of medical necessity for such leave.
Upon the employee’s written request, and on a case-by-case basis, the General Manager may grant
an extension of up to an additional eight (8) months for an employee’s own serious health
condition.
For birth, adoption or foster care placement bonding leave, leave must be concluded within one
year of the birth or placement of the child. In addition, the minimum duration of leave is two (2)
weeks. However, an employee is entitled to leave for at least one day, but less than two (2) weeks’
duration, on any two (2) occasions.
Where FMLA leave qualifies as both military caregiver leave and care for a family member with a
serious health condition, the leave will be designated as military caregiver leave first.
Section B. 4 Spouses Both Employed by District
a) In any case in which spouses are employed by the District and qualify for leave, the
aggregate number of workweeks of leave to be shared between spouses may be limited
to sixteen (16) workweeks during any twelve- (12) month period if leave is taken for the
birth or placement for adoption or foster care of the employees’ child (i.e., bonding
leave).
b) In any case in which spouses work for the District and qualify for leave, the aggregate
number of workweeks of leave to which both may be entitled may be limited to twenty-
six (26) workweeks during any twelve- (12) month period if leave is taken to care for a
covered service member.
Except as noted above, these limitations do not apply to any other type of leave under this
policy.
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Section B. 5 Request for Leave/Required Documentation
An eligible employee requesting such leave is required to:
a) Make the request in writing to the General Manager a minimum of 30 (thirty) days prior
to a foreseeable need for leave, or as soon as possible for unforeseeable needs for leave.
b) Supply supporting documentation from the attending health care provider to certify the
need for leave before the requested leave date, or within 15 (fifteen) days after the
request if it was not possible to provide certification earlier.
c) Obtain all necessary certification forms or related documentation through Human
Resources.
If the District has reason to doubt the validity of a certification, the District may require a medical
opinion of a second health care provider chosen and paid for by the District. If the second opinion
is different from the first, the District may require the opinion of a third provider jointly approved
by the District and the employee, but paid for by the District. The opinion of the third provider
will be binding. An employee may request a copy of the health care provider’s opinions when
there is a second or third medical opinion sought.
Section B. 6 Pay and Benefits While on Family and Medical Leave
1. Family and Medical leave is unpaid. However, the District requires an employee to use
accrued sick leave if:
a) The leave is for the employee’s own serious health condition; or
b) The leave is for the employee to take care of the employee’s spouse, registered
domestic partner, child, or parent who has a serious health condition, but in such
circumstance, the amount of paid sick leave substituted for unpaid leave will be subject
to the limitations set forth in Section 7.5 for Sick Leave and may run concurrently with
any sick leave entitlements under Labor Code section 233 and/or the California Paid
Sick Leave law (Labor Code section 245, et. seq.); or
c) The leave is for another reason mutually agreed upon between the District and the
employee.
2. District’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA
Leave
Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the
same extent that employees have the right to use their accrued leaves concurrently with
FMLA/CFRA leave, with two exceptions:
1. Employees will be allowed to maintain up to 40 (forty) hours of unused, accrued paid leave
while the employee is on family and medical leave.
2. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave
if the leave is for the employee’s own serious health condition or another reason mutually
agreed upon between the District and the employee, as indicated above in subsection (a).
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An employee receiving supplemental paid benefits (such as State Disability Insurance or Paid
Family Leave benefits) while on FMLA/CFRA leave is not on “unpaid leave.” Therefore an
employee may, but is not required to, integrate any accrued leave, e.g. sick or vacation leave
with supplemental paid benefits. The District and employee may mutually agree to coordinate
such benefits with any available and applicable accrued leave up to the amount of
compensation the employee would have received otherwise if working.
3. Accrual of Benefits:
a) When an employee uses paid accrued leave hours (e.g. vacation, sick, holiday bank,
personal, or administrative leave), benefit hours (sick, vacation, etc.) will continue to
accrue at the same rate that applies if the employee was working those hours. Benefit
hours will not accrue when an employee is in unpaid status.
b) An employee will continue to be covered by the District’s group health insurance plan
(medical, dental, vision, life and long-term disability) to the same extent that coverage
is provided as if working, for a period of up to twelve (12) weeks, unless for military
caregiver leave, then up to twenty-six (26) weeks, during the twelve- (12) month period.
c) If the employee is disabled by pregnancy, the District’s group health insurance
coverage will continue for up to four (4) months, or 17-1/3 weeks, per pregnancy. In
the event an employee is disabled by pregnancy and also uses leave under the CFRA,
the District will maintain the employee’s health benefits while the employee is disabled
by pregnancy (up to four [4] months, or 17-1/3 weeks) and during the employee’s
CFRA leave (up to an additional twelve [12] weeks) per pregnancy. The District will
cease making paycheck deductions for non-health benefit plans [i.e., life insurance,
ADD, and LTD] at the end of 17-1/3 weeks. Employees may make the appropriate
contributions for continued coverage under non-health benefit plans by making
payments to the District.
d) Where an employee continues on approved family and medical leave past twelve (12)
weeks (or twenty-six [26] weeks for military caregiver leave), and is not otherwise
eligible for Pregnancy Disability Leave or CFRA leave (if applicable), an employee can
continue such health insurance benefits for the duration of the leave by paying the full
premiums of these benefits. Extensions of coverage will be subject to any restrictions
in the applicable benefit policy or plan.
e) If an employee is unable to return after exhausting his or hertheir leave entitlement,
the employee can continue such benefits by paying for COBRA continuation
coverage.
f) If an employee does not return to work or returns to work for less than thirty (30)
days after the expiration of his or hertheir leave entitlement, the District will have the
right to recover its share of health plan premiums paid on behalf of the employee while
in unpaid status unless the failure to return to work is because of the continuation,
recurrence, or onset of a serious health condition of the employee/family member as
defined in this Appendix. In the event of an extenuating circumstance beyond the
employee’s control, (as defined by FMLA and CFRA, including retirement within
thirty (30) days of returning to work), the right to recover the health plan premiums
does not apply.
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g) If an employee is on leave of absence without pay in excess of two (2) complete pay
periods, his/hertheir anniversary date for purposes of probationary time, evaluation,
pay increases and vacation/sick/personal/administration time accrual shall be
extended by the number of days included in the period of leave without pay. Also, if
an employee is on leave of absence with pay, for the purposes of probationary time
and related evaluation periods and pay, such probationary time will be extended by the
number of days included in the period of leave.
h) State Disability Insurance (SDI): An employee who applies and qualifies for SDI may
receive benefits based upon wages paid during a specific twelve- (12) month base
period, determined by the date an SDI claim begins. This benefit is for non-work
related disabilities and can be coordinated with an employee’s paid leave time. The
first seven days are considered a “waiting period” and no SDI benefits are paid until
after the employee has been absent from work for seven (7) calendar days. If employee
has accrued paid sick leave, employee may use sick leave for the first seven days, before
SDI payments begin. If employee has no accrued sick leave, employee may elect, but
is not required, to use any accrued vacation (or other accrued leave) during this waiting
period.
i) Paid Family Leave (PFL): An employee may contact the Employment Development
Department (EDD) to apply for PFL benefits within the SDI program for the care of
seriously ill children, parents, parents-in-law, grandparents, grandchildren, sibling,
spouse, or registered domestic partner or to bond with a new child or child in
connection with adoption or foster care placement. PFL offers up to six weeks of
benefits (in a twelve- [12] month period). If employee is absent for a reason that
qualifies him/herthem for PFL payments, and employee has not yet accrued or have
vacation available, employee may use any accrued and unused sick leave during the
seven- (7) day waiting period before PFL benefits begins. An employee receiving Paid
Family Leave is not on “unpaid leave.” Therefore, the District may not require the
employee to use any accrued leave, e.g. sick or vacation leave, during Paid Family
Leave.
j) Military Spouse Leave (Military and Veterans Code section 395.10). An employee who
works more than twenty (20) hours a week can take an unpaid leave of up to ten (10)
days while the employee’s spouse is on leave from deployment.
Section B. 7 Reinstatement Upon Return from Leave
1. Upon the expiration of the Family and Medical Leave, an employee will be returned to the
same position or to an equivalent position with equivalent pay, benefits and terms and
conditions of employment held prior to the leave. However, the employee has no greater
rights to reinstatement, benefits or other conditions of employment than if the employee
had been continuously employed during the leave period. If the reinstatement date differs
from the original agreement of the employee and the District, the employee will be
reinstated within two (2) business days, where feasible, after the employee notifies the
employer of his/hertheir readiness to return.
2. Employees are encouraged to periodically report on their status and intent to return to
work. This will avoid any delays to reinstatement when the employee is ready to return.
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3. All employees taking leave for their own serious health condition will be required to
present a return to work certification from the attending health care provider as a
condition of reinstatement.
Section B. 8 Relationship of Family and Medical Leave to Other Leaves
Family and Medical Leave runs concurrently with other leaves taken for any reason that is
FMLA/CFRA qualifying; for example, sick leave or leave for an on-the-job injury. However,
CFRA leave does not run concurrently with Pregnancy Disability Leave, but is in addition to it.
CFRA leave is not available for Qualifying Exigency or Military Caregiver leaves under the FMLA.
Additional Information
For more detailed explanation or answers to questions, employees should contact the Human
Resources department.
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APPENDIX C PROHIBITION AGAINST DISCRIMINATION,
HARASSMENT AND RETALIATION
It is the policy of the Midpeninsula Regional Open Space District to promote an employment
environment free of discrimination, harassment, or retaliation as defined in this policy.
Discrimination or harassment on the basis of an individual’s actual or perceived protected
classification is prohibited and will not be tolerated by the District. This policy also prohibits
discrimination or harassment because of an individual’s association with a member of a protected
classification.
“Protected classification” [HS3]includes: race, religion, creed, color, national origin, ancestry, sex
(including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding),
sexual orientation (including but not limited to heterosexuality, homosexuality, and bisexuality),
age (over 40), marital status, citizenship status, medical condition, genetic characteristics or
information, military and veteran status, and mental or physical disability,
association/perception[HS4] with a protected classification, opposition to
discrimination/harassment, and any other class protected by law.
The District forbids any form of discrimination or harassment by its elected or appointed officials,
employees, volunteers, interns, contractors or members of the public, and has enacted these
regulations to identify and eliminate this conduct. The District also forbids any form of retaliation
against any individual for filing a harassment or discrimination complaint or for participating in
the complaint resolution process. Any employee, including managers, supervisors, volunteers,
interns, contractors, or appointed or elected officials, who engages in any harassing, discriminatory
or retaliatory conduct may be subject to censure, disqualification, or disciplinary action, up to and
including discharge. Conduct need not rise to the level of a violation of law to violate this policy.
This policy applies to all terms and conditions of employment, including but not limited to hiring,
placement, promotion, disciplinary action, layoff, reinstatement, transfer, leave of absence,
compensation, and training.
Section C. 1 Harassment
Harassment may include, but is not limited to, the following types of behavior that are taken
because of an individual’s actual or perceived protected classification:
1. Offensive verbal conduct, including epithets, derogatory comments, slurs, demeaning
jokes, nicknames, innuendoes, whistling, propositions, threats, or profanity; or
2. Physical conduct including touching, assault, impeding or blocking movement,
interference with normal work, gestures, leering, or making explicit or implied job
threats; or
Offensive visual conduct, including display of posters, calendars, cartoons, drawings, e-mails,
computer websites or pictures.
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Section C. 2 Sexual Harassment
Sexual harassment is a form of sex discrimination and will not be tolerated by the District. Sexual
harassment includes unwelcome sexual advances, requests for sexual favors or promises in return
for submission to sexual acts, and other verbal, visual, or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
3. The conduct has the purpose or effect of unreasonably interfering with an individual's
work performance or of creating an intimidating, hostile, or offensive work
environment.
Section C. 3 Discrimination
This policy prohibits treating an individual differently on the basis of the individual’s actual or
perceived protected classification, or association with a person who has or is perceived to have a
protected classification.
Section C. 4 Retaliation
This policy prohibits the taking of any adverse conduct against an applicant, employee, volunteer,
intern, contractor, or elected or appointed official who has reported harassment or discrimination,
or who has participation in the complaint and investigation process described below. “Adverse
conduct” includes, but is not limited to: taking sides because an individual has reported
harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an
individual who reports harassment or discrimination, or making real or implied threats of
intimidation to prevent an individual for reporting harassment or discrimination.
The following individuals are protected from retaliation: any person making a request for or
receiving an accommodation for a disability; any person making a request for or receiving
accommodation for religious beliefs or practices; any person making or supporting a complaint
under this Policy, opposing violations of this Policy, or participating in an investigation pursuant
to this Policy.
Section C. 5 Complaint Procedure
The goal of this complaint procedure is to stop discriminatory or harassing behavior in a prompt
and effective manner, while still maintaining a good working relationship among the District's
employees. All District applicants, employees, volunteers, interns, contractors, and elected and
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appointed officials have the right to file complaints of alleged violations of this policy. The
procedure for filing such complaints is as follows:
1. Any employee who believes that a policy violation has occurred may, but is not
required to, attempt immediately to resolve the problem informally by expressing
his/hertheir discomfort with the behavior of the offender in a constructive manner,
and by requesting the offender to stop the behavior. This procedure is not a prerequisite to
the filing of a formal complaint.
2. Complaint: Any applicant, employee, volunteer or contractor who believes that he or
she has personally suffered unlawful harassment or discrimination, or retaliation or
who has learned of or is aware of such conduct, shall promptly report the conduct,
either orally or in writing to any of the following listed below. There is no need to
follow any established chain of supervision, so long as the matter is reported to any of
the following:
a. Immediate supervisor
b. Head of Human Resources Manager
c. Any supervisor or manager within or outside of the department
d. General Counsel
e. Any Department head
f. Board President (for complaints against the General Manager or other Board
member)
3. Any supervisor or department head who receives a harassment complaint should
notify the head of Human Resources Manager immediately.
4. A complaint may be referred to a person designated by the General Manager or
General Counsel to investigate such complaints, as appropriate.
5. Investigation of Complaint: Upon receipt of a complaint of discrimination, the head
of Human Resources Manager will:
• Provide the complainant with a timely response indicating that the complaint has
been received and that a fair, timely, and thorough investigation will be
conducted.
• Timely supervise a fair and thorough investigation of the complaint by impartial
and qualified personnel. The investigation will afford all parties with appropriate
due process and include interviews with the complainant, the accused harasser,
and other persons who have relevant knowledge concerning the allegations in the
complaint.
• Review the factual information gathered through the investigation to reach a
reasonable conclusion as to whether the alleged conduct constitutes harassment,
discrimination, or retaliation, giving consideration to all factual information and
the totality of the circumstances.
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• Timely report a summary of the determination as to whether harassment occurred
to the appropriate person(s) including the complainant, the alleged harasser, the
supervisor, and the department head. If discipline is imposed, the level of
discipline will not be communicated to the complainant.
6. Resolution: Once the investigation is complete, the responsible manager will make a
determination of the appropriate corrective action, if any. The District will take
reasonable steps to protect the complainant from further harassment, discrimination,
or retaliation, including retaliation as a result of communicating the complaint.
7. Confidentiality: Every effort will be made to assure the confidentiality of complaints
made under this Policy to the greatest extent allowed by law. Complete confidentiality
cannot occur, however, due to the need to fully investigate and the duty to take
effective remedial action. Materials pertaining to the complaint, which do not form a
basis for discipline, shall be maintained in a file separate from the personnel files of
the participants. The District will not disclose a completed investigation report except
as it deems necessary to support a disciplinary action, to take remedial action, to defend
itself in adversarial proceedings, or to comply with the law or court order.
8. Dissemination of Policy: Copies of this policy shall be provided to all employees of
the District when updated, and to all new employees at the time of hiring. The District
will also provide periodic training for its employees to assist them in learning how to
recognize, avoid and respond to behavior prohibited by this policy.
Section C. 6 Obligation of District Employees and Officers
The District officer responsible for ensuring the District’s compliance with this policy is the
CFO/Director of Administrative Services, and the head of Human Resources Manager.
Each non-manager or non-supervisor and each elected or appointed official is responsible for
following the District's policy against discrimination and harassment; refraining from
discriminatory, harassing or retaliatory behavior, reporting incidents of discrimination, harassment
or retaliation in a timely fashion; cooperating in any investigation concerning alleged violations of
this policy; and responding fully and truthfully to all questions posed during the investigation.
In addition, managers and supervisors are responsible for ensuring that their employees are aware
of the District's policy against discrimination, harassment, and retaliation; enforcing the District's
policy among those they supervise; taking prompt, appropriate corrective action when
discriminatory behavior is found; informing those who complain of harassment or discrimination
of their option to contact the U.S. Equal Employment Opportunity Commission (“EEOC”) or
the California Department of Fair Employment and Housing (“DFEH”); and attending
harassment prevention training provided by the District.
All employees are also encouraged to communicate with one another to assist co-employees to
avoid harassing, discriminatory, or retaliatory behavior.
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Section C. 7 Option to Report to Outside Administrative Agencies
An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal
Employment Opportunity Commission (“EEOC”) or the California Department of Fair
Employment and Housing (“DFEH”). These administrative agencies offer legal remedies and a
complaint process. The nearest offices are listed on the Internet, in the government section of
the telephone book or employees can check the posters that are located on District bulletin
boards for office locations and telephone numbers.
Section C. 8 Dissemination of Policy
All employees and elected and appointed officials shall receive a copy of this Policy when they
are hired or elected or appointed into office. The Policy may be updated from time to time and
redistributed.
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APPENDIX D PREGNANCY DISABILITY LEAVE
The District will authorize a Leave of Absence for Pregnancy Disability for employees in
accordance with state and federal law. This policy summarizes employees’ leave rights and
obligations for conditions related to pregnancy and childbirth under the California Pregnancy
Disability Leave Act (PDL), but is not intended to be exhaustive. Rights and obligations which
are not specifically set forth below are contained in the California regulations implementing the
PDL, and if applicable, under the Department of Labor regulations implementing the Family and
Medical Leave Act (FMLA).
Section D. 1 Eligibility requirements
1. Any employee who is disabled by conditions relating to pregnancy or childbirth
is eligible for Pregnancy Disability Leave under this policy.
2. Eligibility does not depend on length of employment.
3. Full and part-time employees are eligible.
4. The employee must be unable to perform one or more essential functions of her
job without undue risk to herself, other persons, or to her pregnancy’s successful
completion.
Section D. 2 Reasons for Leave
Pregnancy Disability Leave is permitted when an employee is disabled by her pregnancy,
childbirth, or a related medical condition, as certified by her Health Care Provider. Examples
include time off for:
1. Health Care Provider ordered prenatal or postnatal care;
2. Severe morning sickness;
3. Health Care Provider ordered bed rest;
4. Childbirth and recovery from childbirth; and/or
5. Any pregnancy-related, disabling medical condition, including but not limited to,
gestational diabetes, preeclampsia, post-partum depression.
This is a non-exclusive list of qualifying conditions.
Section D. 3 Duration of Leave
Pregnancy Disability Leave is available for:
1. Up to six months of unpaid leave for the period the employee is disabled by
pregnancy.
2. Leave does not have to be taken all at once and can be taken as intermittent or
reduced schedule leave with medical certification.
The General Manager, upon written request, and on a case-by-case basis, may grant an extension
on a month-to-month basis of up to an additional six (6) months.
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Section D. 4 Request for Leave/Required Documentation
Eligible employees requesting such leave are required to:
1. Make the request in writing or orally to the General Manager at least 30 days in
advance of the need for foreseeable leave, and as soon as practicable for leave
that is not foreseeable.
2. Supply supporting documentation from the attending health care provider.
3. All forms are available through Human Resources.
Section D. 5 Pay and Benefits While on PDL
Pregnancy Disability Leave is generally unpaid. During disability leave an employee may use
accrued leave. If an employee elects not to use accrued sick leave prior to beginning her leave of
absence without pay, the District may require an employee to use any unused, accrued sick leave
after four (4) months (or 17-1/3 weeks) of disability leave under this policy. An employee may
request to use accrued compensatory timeCTO during the period she is on leave.
State Disability Insurance (SDI): An employee who is absent because of pregnancy disability
may be eligible for State Disability Insurance (SDI) benefits. Employee must contact the
Employment Development Department (EDD) to apply. SDI payments do not begin until after
the employee has been absent from work for seven calendar days. If employee has accrued paid
sick leave, employee may use sick leave for the first seven days, before SDI payments begin. If
employee has no accrued sick leave, employee may elect, but is not required, to use any accrued
vacation (or other accrued leave) during this waiting period.
When an employee uses paid accrued leave hours (e.g. sick, vacation, etc.), benefit hours (sick,
vacation, etc.) will continue to accrue at the same rate that applies if the employee was working
those hours. Benefit hours will not accrue in any other circumstance or when an employee is in
unpaid status.
Employees will continue to be covered by the District’s insurance plans (medical, dental, vision
and life) to the same extent that coverage is provided and paid for while working for a period of
up to 17 1/3 weeks during a twelve (12)-month period. Where an employee continues on
approved PDL leave past four (4) months, or 17-1/3 work weeks, and is not otherwise eligible
for CFRA leave, an employee can continue such insurance benefits for the duration of the leave
by paying the full premiums of these benefits.
If an employee is on leave of absence without pay in excess of two (2) complete pay periods
his/hertheir anniversary date for purposes of probationary time, evaluation, step pay increases
and vacation/sick/personal/administration time accrual shall be extended by the number of
days included in the period of leave without pay.
Section D. 6 Reinstatement Upon Return from Leave
1. Employees returning from a PDL within six (6) months will be returned to the same
position held prior to the leave, unless the position has ceased to exist because of
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business necessity. If the position ceases to exist, the employee will return to a
comparable position. However, the employee has no greater rights to reinstatement,
benefits or other conditions of employment than if the employee had been
continuously employed during the leave period. If the employee takes a CFRA leave
for bonding or other CFRA-qualifying reason, in addition to her pregnancy disability
leave, she has a right to return to either her original position or comparable position.
3. All employees taking leave for their own medical condition will be required to
present a return to work certification from the attending health care provider as a
condition of reinstatement.
Section D. 7 Relationship of Pregnancy Disability Leave (PDL) to the Family
Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
Employees who are eligible for leave under the FMLA will have this leave run concurrently with
the Pregnancy Disability Leave (PDL).
CFRA will not run concurrently with Pregnancy Disability Leave, but will be in addition to
Pregnancy Disability Leave if the employee is eligible for CFRA leave.
Employees could take up to six (6) months of unpaid pregnancy disability leave for pregnancy
disability and if eligible for CFRA, could also be entitled to up to twelve (12) weeks of unpaid
CFRA leave to bond with the baby or for other CFRA qualifying reasons. Please contact Human
Resources for more detailed information.
Section D. 8 Reasonable Accommodation
The District will provide reasonable accommodation requested by an employee, with the advice
of her health care provider, related to her pregnancy, childbirth, or related medical conditions.
Reasonable accommodation may include, but is not limited to, making facilities readily accessible
and usable; job restructuring; modifying work schedules; reassigning to a vacant position;
modifying test, training materials and policies; and/or acquisition or modification of equipment
or devices. This list is not exhaustive. Refer to Reasonable Accommodation Policy for more
detailed information.
Section D. 9 Additional Information
For more detailed explanation or answers to questions, employees should contact the Human
Resources department.
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APPENDIX E SALARIED EMPLOYEES POLICY
The Fair Labor Standards Act (“FLSA”), which is administered by the U.S. Department of
Labor Wage and Hour Division (“DOL”), permits an employer to designate particular
employees as “exempt” or “salaried” and establishes particular standards for paying exempt or
salaried employees.
Section E. 1 Purpose
The purpose of this Policy is:
1. To assure that salaried employee pay procedures are based upon fairness,
reasonableness, uniformity and equity; and
2. To assure that the District’s policies and procedures regarding salaried employees are
in compliance with the FLSA and the DOL regulations; and
3. To set out the benefits and responsibilities of being a salaried employee; and
4. To clarify the District’s policy that: a) salaried employees will not have their salaries
reduced except as permitted by the FLSA; and b) that, except as set out in this
Policy, the District will not require salaried employees to use their paid leave for
partial day absences, but will require them to receive approval prior to deviating from
their established work schedules.
Section E. 2 Salaried Employees Defined
A salaried employee of the District is one who is paid on a salaried basis, meets the duties test
criteria set out by the FLSA and the DOL for exempt employees, and is therefore exempt from
FLSA overtime compensation requirements. An employee is paid on a salaried basis if
she/hethey regularly receives a pre-determined amount of compensation that is not subject to
reduction because of variations in the quality or quantity of work performed in the workweek.
Section E. 3 Core Work Hours, Permitted Sa lary and Paid Leave Reductions,
Overtime, and Administrative Leave Accrual
1. Core Hours and Work Schedules: Core work hours shall be established by
Administrative Policy 3.05 Flexible and Part-Time Work Schedules for Office,
Supervisory, and Management Employees. The General Manager shall establish core
work hours in which aAll employees are expected to be on duty during core work hours.
Core work hours shall be Monday through Friday, 9:00 a.m. to 4:00 p.m. unless the
General Manager sets other core hours. This assures a minimum number of hours for
communication opportunities among staff, availability to the public during business
hours, and promotes efficiency and effectiveness. The Department Manager, after
notification and/ or review with by the Management Executive Team as appropriate, will
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determine each salaried employee’s work schedule, which shall ordinarily include the
core hours, and shall document that schedule in writing. The General Manager must
approve any work schedule that does not cover the core hours. Work schedules for full-
time salaried employees shall provide for 40 hours of work per week, unless altered by an
approved flexible schedule such as 9/80 or an Adjustment as provided for in Section E.4
of this Policy. The General Manager, Assistant General Manager or CFO/Director of
Administrative Services, Department Manager, Area Superintendent, Area Manager, or
Supervisor may direct additional hours to be worked, and may approve a salaried
employee’s absence from his/hertheir work schedule. The employee may actually work
more than 40 hours per week. The Supervisor is responsible for monitoring employees’
attendance.
2. Deductions from Salary or Paid Leave Time:
a. Except as provided below, the District shall not deduct from a salaried
employee’s accrued leave (vacation, sick, personal or administrative) for any time
the employee is absent during a portion of the employee’s scheduled workday.
b. Paid leave, or if there is no available and appropriate paid leave, then salary will
be reduced for absences in the following circumstances:
1. An absence from work of one or more full days for personal reasons,
sickness or disability.
2. To offset amounts employees receive as jury or witness fees, or for
military pay. The District will not, however, reduce salary for time
missed from work except as allowed by the FLSA.
3. Any full work week in which the employee performs no work.
4. In the initial and terminal weeks of employment if the employee only
works a portion of the week. In this case, the District will pay the
employee for only the portion of the week worked.
5. Absences due to unpaid leave the employee takes under the Family and
Medical Act Leave, California Family Rights Act, and Pregnancy
Disability Leave.
3. Accrual of Paid Leave Time: Salaried employees shall accrue Vacation, Sick and Personal
Leave time in accordance with the District’s Personnel Policies and Procedures Manual
and will similarly receive paid Holidays.
Salaried employees directed to work a full day on a District observed holiday shall
receive a work schedule adjustment to replace the holiday within 30 days of the observed
holiday worked.
4. Overtime: Salaried employees shall not be eligible for overtime compensation.
5. Administrative Leave Accrual: Salaried employees shall accrue Administrative Leave,
which is a benefit not provided to non-exempt hourly employees. As stated in Personnel
Policies & Procedures Manual Section 7.3A, the General Manager, upon Department
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Manager recommendation, shall determine the amount of Administrative Leave allotted
to each salaried employee by January 1st each year. Adjustments to the allotment can be
made on a quarterly basis if the amount of night and/or weekend work requirements of
the District change during the course of the year. To assure fairness in allocation of
Administrative Leave, the General Manager will review specific work
projects/assignments of each salaried employee with the Department Managers and shall
set an amount of Administrative Leave that is appropriate for the number of
assignments that are anticipated to require work beyond the typical 40-hour workweek.
Section E. 4 Work Schedule Adjustments
1. Adjustments to Work Schedules: No salaried employee may deviate from his or
hertheir work schedule without first requesting and receiving advance approval from
his or hertheir supervisor. If the supervisor is unavailable, the General Manager,
Assistant General Manager or CFO/Director of Administrative Services,
Department Manager, Area Manager, or Area Superintendent may approve such a
request. A salaried employee’s failure to request and receive advance approval may
result in discipline.
The General Manager, Assistant General Manager or CFO/Director of
Administrative Services, Department Manager, Area Manager, or Area
Superintendent may authorize, in advance, occasional single-event work schedule
adjustments for salaried employees. Such adjustments could occur when the affected
employee’s work duties require him/herthem to work excessively late evenings, to
work excessive numbers of hours in a given week, to work multiple weekend days, is
directed to work a full day on a District observed holiday, or under other extenuating
circumstances.
2. Flexible Work Schedules: Salaried employees shall be eligible for flexible work
schedules in accordance with the Administrative Policy 3.05 Flexible and Part-Time
Work Schedules for Office, Supervisory, and Management
Employees“Administrative Guidelines for Flexible Work Schedules for Office,
Supervisory, and Management Employees,” except that no overtime provisions will
be applicable.
Section E. 5 Time Card Procedures
An employee’s time card must designate total hours worked, the category of leave time to be
used, or leave without pay. If the an employee is absent from a portion of his/hertheir scheduled
workday, and an Adjustment to the work schedule under Section E.4 has not been authorized,
the employee shall be paid for the full day, but may be subject to discipline. The selection of
accrued leave hours shall be in accordance with provisions of the Personnel Policies regarding
use of accrued leave. If the employee has no leave time available for a full day’s absence as
described in Section E3.2, and when time off has been approved, the employee shall indicate
“Leave Without Pay”. In such a case, and in only the circumstances set out in Section E.3. 2 of
this Policy, the employee shall have his/hertheir salary reduced by an amount equal to the
EXHIBIT A
Midpeninsula Regional Open Space District
PERSONNEL POLICIES & PROCEDURES
63
number of hours designated. The daily pay rate used for any pay reductions made pursuant to
this Policy shall be based upon the employee’s annual salary.
Section E. 6 Disciplinary Deductions
Under no circumstances shall a salaried employee have any salary rate reduction imposed as a
disciplinary measure. In all other respects, the District’s discipline and grievance procedures set
out in its Personnel Policies and Procedures Manual shall apply to salaried employees, except as
provided in this Policy.
A salaried employee may be suspended from work and his or hertheir salary reduced for the time
away from work in any of the circumstances described below
a. For less than a full work week if the District has a good faith belief that the
employee committed an infraction of a safety rule of major significance, such as rules
relating to the prevention of serious danger to other employees; or
b. For a violation of a workplace conduct rule listed in the District’s Personnel Policies
and Procedures Manual, a suspension shall not be for a time increment of less than
one workday. The term “workplace conduct rule” includes, but is not limited to,
inappropriate conduct, including harassment, insubordination, violation of District
policies, rules, regulations, or procedures, violence, drug or alcohol violations, or
violations of state or federal laws, but does not include performance or attendance
issues.
Section E. 7 Safe Harbor
The District prohibits any reductions from a salaried employee’s pay that are contrary to FLSA
requirements. Any salaried employee, who believes that his or hertheir salary has been reduced
in violation of the FLSA, can file a written complaint with the General Manager or his/hertheir
designee. The complaint must be dated, signed, and describe the specific pay reduction at issue.
The General Manager or his/hertheir designee will review the complaint. If a reduction in
violation of the FLSA is found, the District will promptly reimburse the employee for the
amount of the pay reduction, and institute good faith measures to insure that the error does not
occur in the future.
Section E. 8 Controlling Policies
In the event there is a conflict between this Policy and any other District rules, regulations,
policies, or practices, including other provisions of the Personnel Manual, the specific provisions
of this Policy shall prevail.
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
LEGISLATIVE, FUNDING, AND PUBLIC AFFAIRS COMMITTEE
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Tuesday, October 8, 2019
DRAFT MINUTES
CALL TO ORDER
Director Hassett called the meeting of the Legislative, Funding, and Public Affairs Committee to
order at 1:00 p.m.
ROLL CALL
Members present Larry Hassett and Karen Holman
Members absent: Zoe Kersteen-Tucker
Staff present: General Manager Ana Ruiz, General Counsel Hilary Stevenson, Assistant
General Manager Brian Malone, Chief Financial Officer/Director of
Administrative Services Stefan Jaskulak, District Clerk/Assistant to the
General Manager Jennifer Woodworth, Visitor Services Manager Matthew
Anderson, Interpretation and Education Program Manager Renée
Fitzsimons, Human Resources Manager Candice Basnight, Human
Resources Supervisor Rebecca Wolfe, Assistant General Council Mazarin
Fakharia
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Holman moved and Director Hassett seconded the motion to adopt the agenda.
VOTE: 2-0-0 (Director Kersteen-Tucker absent)
ATTACHMENT 3
LFPAC Page 2
October 8, 2019
COMMITTEE BUSINESS
1. Approve the March 12, 2019 and June 11, 2019 Legislative, Funding, and Public
Affairs Committee meeting minutes
Motion: Director Holman moved, and Director Hassett seconded the motion to approve the March
12, 2019 and June 11, 2019 Legislative, Funding, and Public Affairs committee meeting minutes.
Public comment opened at 1:01 p.m.
No speakers present.
Public comment closed at 1:01 p.m.
VOTE: 2-0-0 (Director Kersteen-Tucker absent)
2. Consideration of a Special Recognition to Honor Chris MacIntosh (R-19-129)
Interpretation & Education Program Manager Renée Fitzsimons provided the staff report.
District docent Paul Billig spoke regarding his request to name a trail after the District’s longest-
serving docent, Chris MacIntosh. Mr. Billig commented that the reason he proposed the specific
trail for naming after Ms. MacIntosh explaining that her regular docent hikes travel along this
trail in Purisima Creek Open Space Preserve.
Director Hassett spoke regarding the District’s history in naming District landmarks and
installation of benches in the District’s preserves for individuals that made significant
contributions to the District.
Director Holman spoke in favor of naming the trail segment for Chris MacIntosh because she
leads her interpretive hikes along this trail.
Director Hassett spoke regarding the remarkable achievement of serving as a docent for 40 years.
Director Holman spoke in favor of issuing a District proclamation or resolution to accompany
the trail naming.
Public comment opened at 1:24 p.m.
No speakers present.
Public comment closed at 1:24 p.m.
Motion: Director Holman moved, and Director Hassett seconded the motion to:
1. Approve the motion to recommend to the full Board of Directors approval to either name
a trail in Purisima Creek Redwoods Open Space Preserve the “Chris MacIntosh Trail” or
name the Harkins Ridge Trail bridge in the preserve as the “Chris MacIntosh Bridge” in
ATTACHMENT 3
LFPAC Page 3
October 8, 2019
recognition of Chris MacIntosh’s long-standing volunteer contributions to the
Midpeninsula Regional Open Space District.
2. Forward the minutes of the October 8, 2019 Legislative, Funding, and Public Affairs
meeting with the staff report to the Board of Directors.
3. Recommend to the full Board of Directors issuance of a proclamation acknowledging the
event.
4. Recommend to the full Board of Directors to consider holding a trail or bridge naming
dedication event.
VOTE: 2-0-0 (Director Kersteen-Tucker absent)
3. Proposed Amendments to the Personnel Policies and Procedures Manual (R-19-128)
Human Resources Manager Candice Basnight provided the staff presentation describing the
process used to revise and propose revisions to the Personnel Policies and Procedures Manual
(PPPM), including adoption of the Memorandum of Understanding with the Field Employees
Association, review by internal and external legal counsel, and a comment period for staff. Ms.
Basnight reviewed the proposed changes listed in the summary document which outlines the
various proposed changes to the PPPM and the reasons for the proposed changes, including to
clarify policy or procedure, to comport with current law, to incorporate staff feedback and MOU-
related edits, and to complete general clean-up.
Committee members requested and received clarification regarding various sections of the draft
PPPM.
Director Holman suggested altering section 3.2 to be more inclusive related to sexual orientation
Director Holman stated that section 3.2 seems unclear related to protected classes.
Staff reported that they will work on the language for these sections before the item goes to the
full Board of Directors.
Public comment opened at 2:13 p.m.
No speakers present.
Public comment closed at 2:13 p.m.
Motion: Director Holman moved, and Director Hassett seconded the motion to forward the
proposed amendments to the Personnel Policies and Procedures Manual to the full Board of
Directors for consideration and approval, including questions and clarifications requested by the
Committee members.
VOTE: 2-0-0 (Director Kersteen-Tucker absent)
ATTACHMENT 3
LFPAC Page 4
October 8, 2019
ADJOURNMENT
Director Hassett adjourned the meeting of the Legislative, Funding, and Public Affairs
Committee at 2:20 p.m.
____________________________
Jennifer Woodworth, MMC
District Clerk
ATTACHMENT 3
Rev. 1/3/18
R-19-135
Meeting 19-27
October 23, 2019
AGENDA ITEM 4
AGENDA ITEM
Resolution to accept grant funding from the California Natural Resources Agency for the
proposed future purchase of the Gordon Ridge property.
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution by roll call vote authorizing the General Manager to execute a funding
agreement with the California Natural Resources Agency for the proposed future purchase of the
Gordon Ridge property as an addition to Tunitas Creek Open Space Preserve.
SUMMARY
The Midpeninsula Regional Open Space District (District) has an opportunity to receive funding
from the California Natural Resources Agency (CNRA) in support of the future purchase of
Gordon Ridge, a significant land preservation opportunity in the coastal area of San Mateo
County that would protect scenic coastal watershed lands adjacent to Tunitas Creek Open Space
Preserve. The California State budget for Fiscal Year (FY) 2019-20 includes a $2,000,000
allocation for the proposed purchase, which is scheduled to come before the Board of Directors
for consideration of approval this Spring. After administrative fees (2%), $1,960,000 would the
available for the land purchase. The funding agreement requires the execution of a deed
restriction on the property to permanently protect the land for open space and commit to
providing public access and/or educational features where feasible on the property. If approved,
this resolution does not commit the Board of Directors to completing this purchase. In the event
that the purchase does not proceed the grant agreement would be nullified and any available
funding would return to the state. This purchase is currently planned to span two fiscal years
(FY2019-20 to FY2020-21).
DISCUSSION
The California state budget for FY2019-20 includes a $2,000,000 allocation for the District’s
proposed purchase of the Gordon Ridge property for the permanent protection of significant
scenic coastal watershed lands and habitat. After CNRA administrative fees, $1,960,000 would
be available for the purchase.
The 540-acre Gordon Ridge property (Property) is located approximately 12 miles south of the
City of Half Moon Bay in the community of San Gregorio. The Property lies across Highway 1
from San Gregorio State Beach, with approximately 260 acres of the property within the State’s
scenic corridor. The Property borders the 950-acre Toto Ranch area of Tunitas Creek Open
Space Preserve. Acquisition and management of the Property would make a significant
contribution to the preservation of lands at the coastal edge of the San Gregorio Creek watershed,
R-19-135 Page 2
one of the State’s highest priority watersheds for Coho salmon reintroduction. The Property’s
seasonal wetlands and intermittent ephemeral streams are likely to provide habitat for rare and
threatened species known to occur in the area, such as the California red-legged frog.
Furthermore, a planned trail that traces the Portola Expedition route has been proposed to follow
the alignment of Stage Road, which follows the western boundary of the Property; Stage Road
may also serve as a future connection to the California Coastal Trail.
Peninsula Open Space Trust (POST) anticipates finalizing the purchase of the Property by
January 2020 and the District intends to finalize the proposed purchase by July 2020.
Funding Agreement Requirements
The funding agreement requires the execution of a permanent deed restriction on the Property,
which provides assurances to the CNRA that the restricted property will not be used for any
purpose other than as open space. In addition, as part of the funding agreement, the District
commits to providing public access and/or educational features where feasible.
As part of the administration for the funding agreement, the District is required to commit to
making the Property available for inspection upon request by the State and submitting all
necessary payment request information, in addition to any requested reports and photographs,
and storing all necessary information required for an audit.
The attached resolution (Attachment 1) certifies that the District is ready and willing to carry out
the terms of the grant agreement and authorizes the General Manager to execute the funding
agreement on behalf of the District.
FISCAL IMPACT
The California Natural Resource grant will support the District’s proposed purchase of the
Gordon Ridge property. The proposed purchase terms and conditions will be considered by the
Board at a future Board meeting.
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Entering into funding agreements is not subject to the California Environmental Quality Act.
NEXT STEPS
Near-term next steps for the project include:
•POST completes transaction to purchase property (January 2020)
•Funding application submittal (January 2020)
R-19-135 Page 3
•Submit purchase appraisal (January/February 2020)
•Execute funding agreement (Spring 2020)
•District Board considers proposed property purchase (Spring 2020)
Attachment:
1. Resolution authorizing submittal of the District’s funding proposal to the California
Natural Resources Agency for the acquisition of Gordon Ridge.
Responsible Department Head:
Stefan Jaskulak, CFO/Director of Administrative Services
Prepared by:
Melanie Askay, Grants Program Manager
Michael Williams, Real Property Manager
Resolutions/2019/19-__GordonRidge-CNRAGrant 1
RESOLUTION NO. 19-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE APPLICATION FOR GRANT FUNDS FOR THE ACQUISITION OF
GORDON RIDGE
WHEREAS, the Legislature and Governor of the State of California have approved a grant
for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency
require the Grantee to certify by resolution the approval of application before submission of said
application to the state; and
WHEREAS, the Grantee will enter into an agreement with the State of California for
subject project:
NOW, THEREFORE, BE IT RESOLVED that the Midpeninsula Regional Open Space
District hereby:
1. Approves the acceptance of general fund allocation for local assistance for the
above project; and
2.Certifies that said agency understands the assurances and certification in the Project
Information Form; and
3.Certifies that said agency will have sufficient funds to operate and maintain the project or
will enter into an agreement with another entity to perform said operation and maintenance;
and
4.Certifies that said agency has reviewed and understands the General Provisions contained
in the Project Agreement shown in the Procedural Guide; and
5.Appoints the General Manager as agent to execute and submit all documents related to the
acceptance of grant funds, including but not limited to the Project Information Form,
agreements, payment requests, deed restriction, and so on, which may be necessary for the
completion of the aforementioned project, except as such authority is limited by state law
and the policies of the District.
* * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _______, 2019, at a regular meeting thereof, by the following roll call
vote:
AYES:
ATTACHMENT 1
Resolutions/2019/19-__GordonRidge-CNRAGrant 2
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
ATTACHMENT 1
R-19-136
Meeting 19-27
October 23, 2019
AGENDA ITEM 5
AGENDA ITEM
Highway 17 Crossings Alternatives, Caltrans Project Study Report, Environmental Review,
Public Outreach and Funding
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to approve the final Caltrans Project Study Report - Project
Development Support document.
2. Approve the proposed approach for project environmental review pursuant to the California
Environmental Quality Act and the National Environmental Policy Act to evaluate highway
crossing alternatives for wildlife and trail use.
3. Adopt a Resolution authorizing the General Manager to enter into a Cooperative Agreement
with Caltrans to begin the Caltrans Project Approval and Environmental Document for the
proposed project.
SUMMARY
The Highway 17 Crossings Project (Project) supports the Midpeninsula Regional Open Space
District’s (District) goal of providing safe, regional wildlife and trail access across Highway 17
near the Lexington Reservoir just south of the towns of Monte Sereno and Los Gatos. The
Project is a top priority action identified by District constituents as part of the 2014 Open Space
Vision Plan and voter-approved Measure AA (MAA) bond funding. Based on work completed
to date, two separate crossings are recommended: one dedicated for safe wildlife passage
(mountain lions, deer, small mammals, snakes, amphibians) and one dedicated for safe trail
passage.
The next phase of Caltrans review is known as the Project Approval and Environmental
Document (PA&ED) phase (environmental review). For this next phase of review, two wildlife
crossings and two recreational crossings are proposed. District staff has worked with Caltrans to
determine the most suitable California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA) approach for the Project. The District would be the lead
agency for CEQA and Caltrans would be the lead agency for NEPA. A single consultant may be
retained to prepare both documents. The District would need to enter into a Cooperative
Agreement with Caltrans to complete the environmental analysis. The Fiscal Year (FY) 2019-20
budget includes $162,149 for the Project. A future FY2019-20 budget adjustment may be needed
to set aside sufficient funds for a CEQA/NEPA consultant contract.
R-19-136 Page 2
DISCUSSION
Early Project feasibility studies originally identified eight crossing options (for wildlife only,
trail only, or shared-use) at five separate locations (Attachment 1). On June 27, 2018, District
staff presented the crossing alternatives to the Board of Directors (Board) who authorized that all
eight alternatives advance to the Caltrans Project Study Report - Project Development Support
(PSR-PDS) process (R-18-66). None of the eight options were eliminated by Caltrans during
analysis of this report. Since June 2018, staff and the consultant team have completed the
following key project tasks:
1. Hosted two public meetings;
2. Held numerous ongoing stakeholder/partner meetings;
3. Prepared a final Revised Alternatives Report (RAR);
4. Draft Regional Trail Connections Study;
5. Completed the Final Draft Caltrans PSR-PDS document;
6. Presented the Project to the Planning and Natural Resources (PNR) Committee; and
7. Promoted the project in a poster session at the International Conference on Ecology and
Transportation in Sacramento with over 500 participants in attendance.
Project Phasing
There are four main phases of any Caltrans Project:
1) Project Initiation - includes Midpen Board and Caltrans approval of the final PSR-PDS
2) PA&ED – begins once the District and Caltrans sign the Cooperative Agreement
3) Plans Specifications and Estimate (Design)
4) Construction
Two Separate Crossings:
While wildlife and trail crossings share the same goal (to safely cross the highway), they fulfill
different objectives: one to facilitate use by wildlife to connect 30,600 acres of protected public
lands and habitat, and the other to facilitate use by regional trail users as a critical element to
closing a four-to-nine-mile trail gap that would link 50 miles of existing Ridge Trail.
Analysis completed for the Revised Alternatives Report (RAR) (openspace.org/hwy-17)
concluded that two separate wildlife and trail crossing structures are preferable to a shared
crossing to “provide the most opportunity for unimpaired wildlife passage across the landscape
with limited human interaction.” Results from public feedback indicate that separate crossings
are also preferred as they are perceived to be safer, more effective, and less of an impact on
wildlife. Current research (Smith 2017)1 shows that mountain lions flee when exposed to human
voices, indicating that a crossing structure shared with recreational trail users may deter wildlife
1 Smith JA, Suraci JP, Clinchy M, Crawford A, Roberts D, Zanette LY, Wilmers CC. 2017 Fear of the human ‘super
predator’ reduces feeding time in large carnivores. Proc. R. Soc. B 284: 20170433.
http://dx.doi.org/10.1098/rspb.2017.0433
2Gaston KJ, Bennie, J. 2014. Demographic effects of artificial nighttime lighting on animal populations. Environ
Rev22: 323 – 30
http://kevingaston.com/wp-content/uploads/2017/05/Gaston-Bennie-2014-Demographic-effects-of-AL-on-animal-
populations.pdf
R-19-136 Page 3
use. Additionally, artificial lighting required on a structure designed for use by humans can cause
individual wildlife to leave an illuminated area for a darker refuge2 further deterring wildlife use
of a shared structure even when humans are not present. Finally, there is a high likelihood that
dogs will accompany humans, regardless of approved and/or posted use, whose presence or scent
may have a detrimental impact on the effectiveness of the crossing for wildlife.
Cost for two separate structures is comparable to the cost for a single shared crossing given the
width, landscaping, and extensive ramping needed to appropriately accommodate both wildlife
and people. For these reasons, the General Manager recommends constructing two separate
structures, one for wildlife and one for recreational uses. This two-crossing approach is
supported by Project partners, including Caltrans, California Department of Fish and Wildlife,
Bay Area Ridge Trail Council, Santa Clara County Parks (SCC Parks) and the public, based on
extensive agency review and public input.
Wildlife and Regional Trail Crossing Alternatives
Eight alternatives were originally evaluated during the Caltrans PSR-PDS process, and
separately against criteria identified in the RAR (Attachment 2). The consultant team reviewed
this preliminary evaluation and provided their expert opinion to determine the constructability of
the alternatives (e.g. ease of design, permitting, and/or construction), and ranked each alternative
relative to one another. The General Manager recommends advancing the following top four
alternatives (two wildlife crossings and two regional trail crossings) into the Caltrans
PA&ED.
Wildlife crossing:
• Trout Creek– Alternative 2 on Figure 3
• Ravine Creek– Alternative 1 on Figure 3
Regional trail crossing:
• Northern Overcrossing – Alternative 5a on Figure 3 and
• Southern Overcrossing – Alternative 3a on Figure 3
Trail Connections
Thirteen (13) trail segments were evaluated to ensure each regional trail crossing alternative
could be linked to the existing Ridge Trail alignments west and east of Highway 17. Of these 13
trail segments, four were determined to be infeasible and too impracticable to construct and
maintain due to existing conditions, including steepness, unstable slopes, and multiple major
stream crossings. The remaining nine feasible trail segments were consolidated into trail routes
that connect the existing Ridge Trail alignments to the two recommended regional trail crossing
alternatives (Figure 3, Attachment 1).
At full build-out the trail crossing and associated trail connections would complete critical
regional trail gaps in the Bay Area Ridge Trail (Ridge Trail) and the Juan Bautista de Anza
National Historic Trail (Anza Trail). These new trail connections would also complete a regional
trails priority in the Santa Clara County Countywide Trails Master Plan, which the Santa Clara
County Board of Supervisors adopted in 1995 as part of the Santa Clara County General Plan.
R-19-136 Page 4
Public Outreach and Funding Approach
To date, District staff has conducted extensive public and stakeholder outreach, and explored
potential funding sources. Efforts include: 1) creation of the project website:
www.openspace.org/hwy17, 2) multiple public and stakeholder meetings, and 3) identification of
grant and legislative funding opportunities.
In addition to available MAA funding, the Project will require strategic partnerships and
additional funding to fully implement. The General Manager recommends partnering with the
following two organizations for fundraising and outreach support:
1) National Wildlife Federation (NWF) - to lead outreach and fundraising for the wildlife
crossing portion of the Project. NWF currently leads outreach and funding efforts in
support of the widely known Highway 101 Liberty Canyon Wildlife Crossing Project in
southern California. Building on their experience with that project, the District
determined NWF to be best suited with the knowledge and capacity to support the
Highway 17 Crossings Project.
2) Bay Area Ridge Trail Council - to lead outreach and fundraising specific to the regional
trail crossing and connecting trails by engaging longstanding trail partners at Recreational
Equipment Incorporated (REI) and other important regional conservation partners.
District staff presented the Project to the Ridge Trail Board in March 2019, which was
well received. At that presentation, District staff requested the assistance of the Ridge
Trail to take a primary fundraising and outreach role in support of the Project. The Ridge
Trail Board enthusiastically agreed to lead these efforts for the recreational crossing and
trail connections.
District staff have discussed this approach with other partners, including Peninsula Open Space
Trust, Committee for Green Foothills, and Santa Clara County Parks to determine their capacity,
interest, and/or resources to lead outreach or fundraising efforts. While all agencies are
supportive of the Project, they do not have the capacity to be the primary lead for outreach and/or
fundraising efforts. Each of these organizations identified opportunities in which they can
continue to support the Project under the umbrella of a larger outreach and fundraising effort led
by the District, NWF, and Ridge Trail. District staff are working to develop separate nonbinding
letters of intent with both NWF and Ridge Trail to lead public outreach and funding efforts
within the General Manager’s signing authority. However, if future outreach or fundraising
efforts elevate to a level that requires compensation or otherwise need Board approval, these
item(s) would be brought before the Board at that time.
FISCAL IMPACT
The Highway 17 Project encompasses two portfolios covered by the MAA Expenditure Plan.
Portfolio 19 (El Sereno: Dog Trails and Connections) allocates $2,254,000 for the westernmost
future trail connections from Sanborn County Park to El Sereno Open Space Preserve. Portfolio
20 (South Bay Foothills: Wildlife Passage and Ridge Trail Improvements) allocates $13,966,000
for the wildlife and trail crossings and connections covered by the Project. Between these two
portfolios, a total of $16,220,000 of MAA funds are allocated.
The funds allocated in MAA portfolios 19 and 20 are anticipated to bring the Project through
environmental review, design and permitting. It is anticipated that remaining portfolio funds at
R-19-136 Page 5
the completion of the design phase would be applied toward construction or other appropriate
Project needs.
Additional funding will be required to complete the construction of the crossings and connecting
trails. Potential funding sources have already been identified and include Caltrans (Roadside
Safety Improvement Program), Santa Clara Valley Transportation Authority, Wildlife
Conservation Board, Prop 68, private donors, and/or a combination of the above.
The rough order of magnitude costs currently associated with Project implementation is
summarized in the table below. Project components include:
1) Implementing two separate crossings (one each for wildlife and regional trail use);
2) Installing wildlife directional fencing to the crossing structures;
3) Constructing connecting trails; and
4) Improving Alma Bridge Road (owned by the County of Santa Clara) to accommodate
trail connections from the proposed crossings to the regional trail network, if supported
by project partners and cost-share funding is available.
Costs will continue to be refined and updated as new information arises.
Project Component Low Cost Estimate* High Cost Estimate*
Wildlife and Trail Crossings $20.1 $21.3
Directional Fencing $2.0 $2.0
Trail Connections $9.0 $16.5
Subtotal $31.1 million $39.8 million
Alma Bridge Road Improvements $3.0 $5.5
Total $34.1 million $45.3 million
*Shown in millions; values calculated in 2024 dollars.
The Project is associated with two active MAA projects within Portfolio 20 South Bay Foothills:
Wildlife Passage and Ridge Trail Improvements: MAA20-001 Wildlife Corridor: Highway 17
Crossing (MAA20-001) and MAA20-002 Bay Area Ridge Trail Highway 17 Crossing (MAA20-
002).
For efficiency in tracking overall project milestones, deliverables, and costs, the District will
streamline tracking for the Project by merging the Vision Plan VP20-001 Highway 17 Area
Regional Trail Connections (VP20-001) scope with MAA20-002. Both projects are included in
the adopted Fiscal Year (FY) 2019-20 Budget and Capital Improvement Action Plan (CIAP).
With the completion of the assessment of regional trail connections, we now have a well-defined
scope for environmental review under MAA20-002.
The FY2019-20 adopted budget includes a total of $162,149 for the Project. A future FY2019-20
budget adjustment may be recommended to provide funds for a CEQA/NEPA consultant to
prepare the required environmental documents. It is anticipated that expenditures for preparation
of environmental documents will be split evenly between MAA20-001 and MAA20-002.
The following tables outline the MAA allocations and costs-to-date related to Portfolio 19 and
Portfolio 20. Portfolio 19 does not have an active project related to the Highway 17 project at
this time; table below is shown for reference.
R-19-136 Page 6
MAA Portfolio 19 El Sereno: Dog Trails and Connections $2,254,000
Life-to-Date Spent (as of 10/02/2019): ($480,241)
Encumbrances (as of 10/02/2019): $0
Balance Remaining: $1,773,759
MAA Portfolio 20 South Bay Foothills: Wildlife Passage and Ridge
Trail Improvements $13,966,000
Life-to-Date Spent (as of 10/02/2019): $451,375
Encumbrances (as of 10/02/2019): ($11,657)
Balance Remaining: $13,502,968
BOARD COMMITTEE REVIEW
The first PNR Committee Meeting for the Project was held on August 2, 2016 (R-16-95) in
conjunction with a public meeting. The Committee reviewed the Preliminary Alternatives Report
and four preliminary crossing alternatives. The PNR Committee also received public feedback
and engaged with regional partners and stakeholder agencies. On June 27, 2018, District staff
presented eight crossing alternatives to the Board who authorized that all eight alternatives
advance to Caltrans PSR-PDS (R-18-66).
On September 17, 2019, the PNR Committee reviewed the General Manager’s recommendations
included in this report (R-19-124). At this meeting, a representative from the Center for
Biological Diversity spoke in support of the wildlife connectivity and genetic diversity benefits
of a wildlife crossing and a trails advocate spoke in favor of the north-south trail connection
benefits of the Southern Overcrossing (Crossing 3a). The PNR Committee inquired about
Caltrans funding support and the monitoring and maintenance of the Project’s wildlife fencing
component. District staff reported that Caltrans cannot allocate funding until the environmental
review is complete and the wildlife fencing responsibility has not yet been determined. However,
funding opportunities through Caltrans and potential fencing monitoring and maintenance
partners have been identified and will be explored further as the Project progresses. At this
meeting, the PNR Committee approved forwarding the recommended actions to the full Board
for their consideration.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Public Notice was sent to the Project
interested parties list on October 17, 2019 and is posted on the District webpage.
CEQA COMPLIANCE
Caltrans has the authority delegated by Federal Highways to act as a lead agency for NEPA
(which the District does not) and have offered to be the lead agency under NEPA for the entire
project, including the trail connections. NEPA is the federal equivalent of CEQA and is required
for the Project to seek federal funding. In this scenario, the District would take the lead role
under CEQA. If authorized, District staff will issue a Request for Proposals to solicit an
environmental consultant. As part of their commitment to providing ongoing technical support,
Caltrans would assist in consultant selection and review all documents (at no cost to the District)
to ensure that the environmental documents meet Caltrans standards. If authorized by the Board,
R-19-136 Page 7
approval of the Caltrans PSR-PDS document and Cooperative Agreement for Caltrans PA&ED
will initiate environmental review. Environmental review is anticipated to begin in 2020 and
take 18-24 months to complete.
NEXT STEPS
Following Board authorization, the General Manager will: 1) sign the final Caltrans PSR-PDS
document, 2) forward four crossing alternatives (two dedicated for wildlife, two for recreational
trails) to the Caltrans PA&ED and 3) sign a Cooperative Agreement to begin the Caltrans
PA&ED phase. District staff will continue to develop nonbinding letters of intent with NWF and
Ridge Trail for authorization by the General Manager.
A Request for Qualifications and Proposals will be released to competitively select a consultant,
whose contract will be brought before the Board for consideration. This consultant will assist
staff in developing the CEQA/NEPA Project Description, which following Board approval will
initiate the environmental review process.
Attachments
1. Project Maps
2. List of Project Alternatives and Project Evaluation Criteria
3. Draft Resolution
Responsible Department Head:
Kirk Lenington, Natural Resources Manager and
Jane Mark, AICP, Planning Manager
Prepared by:
Julie Andersen, Senior Resource Management Specialist
Meredith Manning, Senior Planner
Aaron Peth, Planner III
Contact person:
Julie Andersen, Senior Resource Management Specialist
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Attachment 1: Project Maps
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Created By: apeth
While the District strives to use the best available digital data, these data do not represent a legal survey and are m erely a graphic illustration of geographic features.
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While the District strives to use the best available digital data, these data do not represent a legal survey and are m erely a graphic illustration of geographic features.
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Path: G:\Projects\a_Districtwide\Hwy17_Wildlife_Crossing\_Maps\Board Meeting 20191023\Hwy17_5a_201910161.mxd
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While the District strives to use the best available digital data, these data do not represent a legal survey and are m erely a graphic illustration of geographic features.
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October 201 900.50.25
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Cr o s s i n g 5 a : Po t e n t i a ll y Co m p l e te F ea s i b l e Tra i l R o ut e Map
Existing Tr ail
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ST#Unpreferred Highway Crossing Loc ation
Highway 17 Project Alternatives and Evaluation Criteria
Table 1. Project Alternatives
Wildlife Only Crossing Alternatives:
1)Ravine Creek Under
2)Trout Creek Under
Combined Wildlife and Regional Trail Crossing Alternatives:
3)Southern Over
4)Montevina Under
5)Northern Over
Regional Trail Only Crossing Alternatives:
3a) Southern Over
4a) Montevina Under
5a) Northern Over
Table 2. Project Evaluation Criteria
Wildlife Crossing Criteria:
•Proximity to the identified wildlife corridor
•Appropriate dimensions and design features
•Provides habitat connectivity
•Adequate Line of sight
•Less human exposure
•Accommodate Special Status Species
Regional Trails Crossing Criteria:
•Accommodate the full range of potential regional trail users
•Provide as direct a connection as possible to the existing regional trail alignments
•Provide a safe and enjoyable trail
•Provide connection to a feasible trail route
•Provide emergency vehicle access (near to, but not necessarily on structure)
Feasibility Criteria:
•Right of way needs
•Location with fill or cut embankments
•Environmental impact – avoid or minimize impact on natural or cultural resources
•Soils and geology feasible for construction (includes landslide potential)
•Can be designed to meet Caltrans standards
•Feasible construction staging and traffic impacts
•Impact on existing facilities (includes utilities) and operations
•Groundwater/runoff/Drainage concerns
•Public Support
ATTACHMENT 2
Resolutions/2019/19-__CaltransAgmt-Hwy17Crossings 1
RESOLUTION 19-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
THE GENERAL MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR PREPARATION OF PROJECT APPROVAL
AND ENVIRONMENTAL DOCUMENTATION FOR WILDLIFE AND
RECREATIONAL TRAIL CROSSINGS ON HIGHWAY 17
WHEREAS, the Midpeninsula Regional Open Space District (“District”) has been
coordinating with the California Department of Transportation (“Caltrans”) to evaluate options
for a Highway 17 crossing project with the goal of providing safe, regional wildlife and trail
access across Highway 17 near the Lexington Reservoir south of Los Gatos; and
WHEREAS, Caltrans has determined the constructability of numerous alternatives for
crossings of Highway 17; and
WHEREAS, two alternatives for a wildlife crossing and two alternatives for the regional
trail crossing have been identified through this process and are recommended to advance to the
next phase, known as the Caltrans Project Approval and Environmental Document (“PA&ED”);
and
WHEREAS, the proposed approach for project environmental review includes
evaluating four highway crossing alternatives (two for wildlife, two for trail use); and
WHEREAS, the District and Caltrans intend to enter into a cooperative agreement in
order to complete the PA&ED for the proposed project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Midpeninsula Regional Open Space District (“Board”) as follows:
1. The General Manager is authorized to execute a Cooperative Agreement with the
California Department of Transportation for preparation of project approval and
environmental documentation for wildlife and trail crossings on Highway 17.
2.The General Manager is authorized to execute any related documents on behalf of the
District and to approve any technical revisions to the Agreement or related documents
which are necessary or appropriate to effectuate the purposes of the Agreement.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2019, at a regular meeting thereof, by the following vote:
* * * * * * * * * * * * * * * * * * * *
AYES:
NOES:
ABSTAIN:
ATTACHMENT 3
Resolutions/2019/19-__CaltransAgmt-Hwy17Crossings 2
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
ATTACHMENT 3
Rev. 1/3/18
R-19-137
Meeting 19-27
October 23, 2019
AGENDA ITEM 6
AGENDA ITEM
Lone Madrone Ranch (formally McDonald Ranch) Grazing Lease in La Honda Creek Open
Space Preserve
GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution authorizing the General Manager to enter into a new, two-year grazing lease
with an option for a one-year extension at Lone Madrone Ranch in La Honda Creek Open Space
Preserve with current Lessee, Erik and Doniga Markegard.
SUMMARY
In February 2014, the Midpeninsula Regional Open Space District (District) entered into a
grazing lease with Erik & Doniga Markegard (Lessee) at Lone Madrone Ranch in La Honda
Creek Open Space Preserve. This lease expires on October 31, 2019 unless extended or
amended. In May 2019, the District informed the Lessee that the District would offer a two-year
lease with an option to extend for an additional year in lieu of the five-year extension
contemplated in the Lease based on prior Lessee performance in meeting District objectives and
Lease requirements. The shorter lease term provides the Lessee a discreet window of time to
demonstrate adherence to the Lease requirements before the District considers whether to extend
the Lease any further.
DISCUSSION
The Board of Directors (Board) approved the selection of a grazing tenant for the 1,030-acre
Lone Madrone Ranch (Ranch) at La Honda Creek Open Space Preserve (Preserve) on November
13, 2013 after a competitive request for proposals process (R-13-103). In February 2014, the
District entered into a five-year lease (Lease) with the Lessee. The Lease expires on October 31,
2019 unless the District opts to extend the lease for an additional five-years.
In March of 2019, District staff met with the Lessee to discuss the lease. District staff expressed
concerns regarding Lessee capacity to maintain and improve the ranch infrastructure and Lessee
capacity to maintain and monitor livestock health according to good husbandry practices.
District staff informed them that the District was considering not exercising the five-year option
on the current Lease and proposed a new two-year lease with the option to extend for one
additional year to evaluate Lessee capacity to meet Lease requirements prior to considering an
additional Lease extension. On May 1, 2019, a letter (Attachment 3) was sent to the Lessee
advising them the District would not exercise the five-year option on the current Lease but was
willing to negotiate a two-year lease given past Lessee performance.
R-19-137 Page 2
The proposed two-year lease allows the District to observe the Lessee’s operation over the next
two grazing seasons to ensure that grazing management objectives and Lessee requirements are
met for the property. For example, there is an express requirement for the Lessee to submit
monthly stocking reports so that the location and health of the cattle is frequently monitored.
The Lease also contains a work plan outlining the infrastructure projects that the Lessee has
agreed to implement during each year of the Lease, such as trough and spring repairs. District
staff anticipates a series of regular site visits in order to monitor milestones in the Lease,
including annual stocking and workplans, annual rangeland health inspections, and inspections
for the completion of infrastructure improvement projects. After two years, the General
Manager will determine whether to extend the lease for an additional year in the District’s sole
discretion. While the Lessee would prefer a five-year lease, they have agreed to a two-year
lease in the hopes that a five-year lease can be negotiated at the end of two years.
FISCAL IMPACT
Over the last two grazing seasons, this Lease has provided an average annual grazing rent per
season of $8,635. The Lessee would continue to pay an annual grazing rent to the District
estimated at $8,500 per year. Annual grazing rent can vary depending upon the average selling
price of beef cattle as well as the quantity and age of the cattle grazing on the property.
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
A resource grazing plan for Lone Madrone Ranch (previously known as McDonald Ranch) and
subsequent Mitigated Negative Declaration were completed to satisfy CEQA requirements and
were approved as part of the La Honda Creek Preserve Master Plan in 2012 (see R-12-83).
NEXT STEPS
If approved, the General Manager would execute a two-year Lease with an option to extend for
one additional year in the District’s sole discretion with Erik and Doniga Markegard (Lessee)
provided the Lessee has met all District requirements, including appropriate insurance
certificates and endorsements.
Attachments:
1. Lone Madrone Location Map
2. Resolution Approving Award of Grazing Lease to Erik and Doniga Markegard
(Lone Madrone Ranch, La Honda Creek Open Space Preserve)
3. District Letter (May 1, 2019)
4. Lone Madrone Grazing Lease
Responsible Department Head / Prepared by / Contact person:
R-19-137 Page 3
Michael Jurich, Land and Facilities Services Manager
Graphics prepared by:
Jamie Hawk, GIS Program Administrator
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Lower Pond
(LHC23)
Lone Madrone
Pond (LHC24)
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Midpeninsula Regional
Open Space District
(MROSD)
March 2019
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Lone Madrone Ranch
Paved Road
Unpaved Road
Abandoned / Unmaintained Road
Trail
!H Gate - Other
!H Gate - Present
!H Gate - Proposed
! ! !Fence - Existing
! ! !Fence - Proposed
&>Water Trough - Other
&>Water Trough - Active
&>Water Trough - Proposed
ED Spring - Active
UT Water Tank - Active
Water Line - Other
Water Line - Active
Water Line - Proposed
ATTACHMENT 1
ATTACHMENT 2
Resolutions/2019/R-19-__LoneMadrone
Lease 1
RESOLUTION 19-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE AWARD OF A GRAZING LEASE TO ERIK AND DONIGA
MARKEGARD (LONE MADRONE RANCH, LA HONDA CREEK OPEN
SPACE PRESERVE)
WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the
provisions of California Public Resources Code section 5540, lease property owned by the
District; and
WHEREAS, the lease of the Lone Madrone Ranch for grazing and range management
purposes is compatible with park and open space purposes, and the lease of such premises is in
the public interest; and
WHEREAS, the District wishes to lease the Lone Madrone Ranch to Erik and Doniga
Markegard on the terms set forth in the attached report.
NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space
District does hereby resolve as follows:
1. The Grazing Lease between the Midpeninsula Regional Open Space District and Erik and
Doniga Markegard, a copy of which is attached hereto and incorporated herein by this
reference, is approved.
2. The General Manager is authorized to execute the Grazing Lease on behalf of the
District. The General Manager, with the concurrence of the General Counsel, is
authorized to make minor changes to the Grazing Lease that do not materially amend the
terms and conditions thereof.
3. The General Manager is authorized to grant an extension of the Grazing Lease on the
terms and conditions set forth in the Grazing Lease. The General Manager shall report
any such extension of the Grazing Lease to the Board of Directors at the Board meeting
immediately following the granting of the extension. The General Manager or designee
is further authorized to sign and approve all other documents necessary or appropriate to
entering into the Grazing Lease.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2019, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Resolutions/2019/R-19-__LoneMadrone
Lease 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
ATTACHMENT 3
GRAZING LEASE
between
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Erik Markegard
And
Doniga Markegard
With respect to the following property
LONE MADRONE RANCH
A portion of
LA HONDA CREEK OPEN SPACE PRESERVE
Effective
November 1, 2019
ATTACHMENT 4
2
GRAZING LEASE
LONE MADRONE RANCH
LA HONDA CREEK OPEN SPACE PRESERVE Table of Contents
1.RANGELAND MANAGEMENT PLAN ............................................................................ 5
3.TERM ..................................................................................................................................... 6
4.RENT ...................................................................................................................................... 7
5.TAXES ................................................................................................................................. 10
6.ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION 10
7.ANNUAL STOCKING AND WORK PROGRAM ......................................................... 12
9.USE OF PREMISES ........................................................................................................... 13
10.MAINTENANCE OF IMPROVEMENTS ....................................................................... 15
11.ALTERATIONS .................................................................................................................. 15
12.ENTRY AND INSPECTION BY DISTRICT .................................................................. 15
13.COMPLIANCE WITH LAW ............................................................................................ 15
14.DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT ................. 16
15.TENANT’S RIGHT TO TERMINATE ............................................................................ 18
16.SURRENDER OF PREMISES .......................................................................................... 18
17.ASSIGNMENT AND SUBLETTING ............................................................................... 18
18.INDEMNIFICATION ........................................................................................................ 18
19.INSURANCE ....................................................................................................................... 19
20.WAIVER OF RELOCATION BENEFITS ...................................................................... 19
21.UTILITIES .......................................................................................................................... 19
22.NO RIGHT TO REPAIR AND DEDUCT ........................................................................ 19
23.GENERAL PROVISIONS ................................................................................................. 19
ATTACHMENT 4
3
EXHIBIT A – RANGELAND MANAGEMENT PLAN (SEPARATE COVER) ................ 22
EXHIBIT B - GRAZING LEASE PREMISES ........................................................................ 23
EXHIBIT C- CALCULATION OF ANNUAL GRAZING RENT ........................................ 24
EXHIBIT D - RANGELAND MNGMNT. ACTIVITIES AND RESPONSIBILITIES* ..... 30
EXHIBIT E - PROPOSED WORK FOR RENTAL CREDIT OR AS A CONTRACTOR 33
EXHIBIT F – ANNUAL WORK PLAN ................................................................................... 34
EXHIBIT G – MONTHLY STOCKING REPORT ................................................................ 35
ATTACHMENT 4
4
SUMMARY OF GRAZING LEASE TERMS
This is a summary (“Summary”) of the principal terms and conditions of the Grazing Lease. Each item
below shall be deemed to incorporate all of the terms and conditions set forth in the Grazing Lease
pertaining to such item. In the event of any conflict between the information in this Summary and any
more specific provision of the Grazing Lease, the more specific Grazing Lease provision shall control.
Landlord: Midpeninsula Regional Open Space District
Acres: 2072 Acres as referenced in Exhibit B. [List exception only if
applicable].
Tenant: Erik and Doniga Markegard
Term: Two (2) year Initial Term commencing November 1, 2019
(“Commencement Date”)
Grazing Season: November 1st through October 31st (Annual adjustments pursuant to
Section 6)
Grazing Capacity: 85 AUMs (Annual adjustments pursuant to Section 6)
Permitted Use: Cattle grazing and authorized adjunct activities as specified in the
attached Rangeland Management Plan
Initial AUM Rental Rate: $15.50 (Annual adjustments thereafter pursuant to Section 4 of the
Grazing Lease).
Rent Payment Dates: Bi-annual payments on January 2nd and July 1st
District Contact Information: Tenant Contact Information:
Primary Contact: Property Management Primary Contact: Erik Markegard
Specialist II Tel: 650-245-4557
Tel: (650) 691-1200 Email: erik@markegardfamily.com
Email: pm@openspace.org
Alternate: Rangeland Ecologist Alternate Contact: Doniga Markegard
Tel: (650) 691-1200 Tel: 650-670-7984
Email: pm@openspace.org Email: doniga@markegardfamily.com
Notice Addresses of District: Notice Address of Tenant:
Midpeninsula Regional Open Space District Markegard Family Grass-Fed
Attn: Property Management Specialist II 20080 Cabrillo Highway South
330 Distel Circle Half Moon Bay, CA 94019
Los Altos, CA 94022
ATTACHMENT 4
5
GRAZING LEASE
THIS GRAZING LEASE (“LEASE”) IS MADE BY AND BETWEEN THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT (“DISTRICT”) AND ERIK AND DONIGA MARKEGARD
(“TENANT”) UPON THE FOLLOWING TERMS AND CONDITIONS:
1. RANGELAND MANAGEMENT PLAN
District has prepared a grazing management plan for the Premises (“Rangeland Management Plan”),
incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said Rangeland
Management Plan. Tenant hereby acknowledges receipt thereof. District and Tenant expressly acknowledge
and agree that the District’s purpose in entering into this Lease is to achieve its objectives set forth in the
Rangeland Management Plan. The Rangeland Management Plan is a management tool for developing and
implementing range activities in accordance with and complementary to the District’s overall land
management, resource administration, public use, and other open space policies, guidelines and goals. The
Rangeland Management Plan may be amended by District from time to time, with Tenant’s input, and any
such amendment by District shall be effective upon thirty (30) days written notice to Tenant thereof.
2. PREMISES
(a) Premises. District leases to Tenant, and Tenant leases from District, upon the terms and
conditions herein, 2,072 gross acres less cited exceptions located in the [List name] Creek Open
Space Preserve, San Mateo County, CA (“Premises”) as depicted in Exhibit B attached hereto.
(b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements, servitudes,
leases and rights of way for ditches, levees, roads, public utilities, pipelines and any other
purposes, whether of record or not, and including the right of District to authorize its directors,
officers, employees, agents, and volunteers to use the Premises for District purposes. District
reserves the right to use the Premises for all public open space purposes, including but not
limited to, natural resource restoration and management, natural resource monitoring, road
grading, mowing, plowing, seeding, fertilizing, prescribed burning and performing any other
appropriate or customary seasonal work. District further specifically reserves the right to make
use of all roads and trails on the Premises for patrol, maintenance and such other uses as District
may reasonably desire to make of such roads or trails. District also reserves the right to make
the Premises open to the general public for low intensity open space recreation, subject to
reasonable restrictions as determined by District, and including the right to construct trails,
public trailhead facilities, and other facilities for such public use purposes.
(c) As Is Condition of Premises. District makes no warranties or representations to Tenant
concerning the suitability of the Premises for grazing purposes. Tenant represents and warrants
that Tenant has conducted a thorough and diligent inspection and investigation of the Premises
and the suitability of the Premises for Tenant’s intended use. Tenant is fully aware of the needs
of its grazing operations and has determined, based solely on its own inspection, that the
Premises are suitable for its operations and intended use. Tenant acknowledges, agrees to, and
hereby accepts, the Premises in their present condition, “AS IS, WITH ALL FAULTS”, without
representation or warranty of any kind, and subject to all applicable laws, statutes, ordinances,
rules and regulations governing the use, occupancy, management, operation and possession of
the Premises. Without limiting the foregoing, this Lease is made subject to any and all
covenants, conditions, restrictions, easements and other title matters affecting the Premises, or
any portion thereof, whether or not of record. Tenant acknowledges and agrees that District,
ATTACHMENT 4
6
including without limitation its directors, officers, employees and agents, has not made, and
District hereby disclaims making, any representations or warranties, express or implied,
concerning (i) any title or survey matters affecting the Premises; (ii) the physical, geological or
environmental condition of the Premises including without limitation, and notwithstanding any
provisions of the Rangeland Management Plan, the availability, suitability, sufficiency, or
existence of any sources of water, livestock watering system, or water rights of any kind; (iii)
the present or future capacity or suitability of the Premises for livestock grazing; (iv) the
feasibility, cost or legality of constructing any improvements on the Premises if required for
Tenant’s use as permitted under this Lease; (v) the condition of any fences, roads, gates or range
improvements; or (vi) any other matter whatsoever relating to the Premises or its use, including,
without limitation, any implied warranties of fitness for a particular purpose.
(d) Withdrawal of Premises. Pursuant to California Public Resources Code Section 5563, District
hereby reserves the right, at any time, to reduce the size of the Premises leased hereunder, in
whole or by any portion thereof. Should the District Board of Directors (“Board”) determine
to use such lands for park, open space or other District purpose inconsistent with Tenant’s use,
the Lease shall terminate as to those lands so identified. District will notify Tenant of the
tentative scheduling of any agenda item for Board consideration to act under Public Resources
Code Section 5563, as to the Premises, no less than sixty (60) days in advance of the meeting
proposed for consideration of such an item. Should less than the entire Premises be removed
from the Lease pursuant to this Section, the animal unit months (“AUM”), as hereinafter
defined, and as permitted hereunder, and the corresponding rental amount, shall be reduced
proportionate to the reduction in the area, based on acreage and grazing capacity, subject to the
Lease. In the alternative, Tenant may elect to terminate the Lease in its entirety and shall have
no further rights or obligation hereunder except as to those matters specifically identified as
surviving such termination.
3. TERM
(a) Term. The Premises are leased for an initial two (2) year term (“Initial Term”) beginning
November 1, 2019 (“Commencement Date”) and expiring on October 31st of the second year,
unless extended as provided for herein. Provided Tenant is in compliance with the terms,
covenants, and provisions of this Lease (including the Rangeland Management Plan), District
may in its sole discretion elect to extend the Lease for one additional one (1) year period
(“Subsequent Term”), for a maximum total Term of no more than three (3) years, unless the
Lease is terminated by District or Tenant as otherwise provided for herein. The Subsequent
Term shall expire on October 31st of the third year. Collectively, the Initial Term and
Subsequent Term, if any, are referred to herein as the “Lease Term”.
(b) Grazing Capacity and Grazing Season. The definition of the “Grazing Capacity” and the
“Grazing Season” for all purposes of this Lease is that set forth in Section 6 of this Lease.
Tenant will graze the Premises only during the Grazing Season and in compliance at all times
with the authorized Grazing Capacity. Tenant may go on to the Premises during other times of
the year (the “Off-Season”) to conduct activities reasonably related to permitted grazing,
including infrastructure maintenance and repair and related to such new leasehold
improvements as may be authorized in writing by District.
(c) Termination of Lease at End of Term. District or Tenant may terminate this Lease at the end
of the Initial Term, or at the end of any Subsequent Term, if District or Tenant gives written
notice to the other party at least ninety (90) days prior to the Expiration Date of the then
effective Term. This right of termination is in addition to any and all rights of termination by
ATTACHMENT 4
7
District or Tenant as set out herein.
(d) Possession. Tenant agrees that in the event of the inability of District to deliver possession of
the Premises at the Commencement Date, District shall not be liable for any damage caused
thereby nor shall this Lease be void or voidable, but Tenant shall not be liable for Rent (as
described hereunder) until such time as District offers to deliver possession of the Premises to
Tenant. The Term of the Lease shall not be extended by any such delay.
4. RENT
(a) Lease Year Rent. Each year during the Term, Tenant shall pay to District annual rent (“Rent”)
as payment for grazing on the Premises. Rent shall be adjusted each lease year thereafter
(“Annual Adjustment of Rent”) as set forth below. Rent shall be payable in two lump sum
payments for the actual livestock use that occurs over the Grazing Season, and shall be paid on
or before the dates set forth in the Summary (“Rent Payment Date”) at the address shown for
District in the Summary.
(b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease year
depending upon the actual livestock use and per AUM rental rate. Tenant shall be notified by
the District on or before July 15th of each current lease year of the new per AUM rental rate for
the next Grazing Season. Rent Adjustments will be calculated pursuant to the formula set forth
in the Calculation of Annual Grazing Rent, attached hereto and incorporated herein as Exhibit
C of this Lease. Rent shall be due immediately following the District’s notification of total
amount due.
(c) Performance of Work as a Contractor. Tenant may request permission from District to
improve grazing infrastructure and/or promote resource protection (“Work”) on the Premises
for direct compensation as a contractor by the following procedures outlined above in section
4(c) except as noted below.
(i) Prior to commencing any such Work, Tenant shall submit a written proposal
and schedule for completion of Work to District for approval and shall provide an
estimate of the value of such Work itemizing the estimated cost for outside
contractors, materials, labor, and equipment (Exhibit E).
(ii) The construction and installation of the improvements shall be in accordance
with District’s specifications and instructions. A biological monitor may be
required by District in its sole discretion to monitor Work in areas where sensitive
species may be affected.
(i) District shall review such Tenant proposal and value estimate, and may elect,
in its sole discretion, to authorize the performance of such Work, or may counter
the offer of Tenant, either as to the scope of Work or valuation thereof.
(ii) For performance of Work for compensation, Tenant is required to sign a contract
for the Work proposed with the District after the Work proposal has been
approved.
(iii) Tenant is required to provide any additional insurance as specified.
(iv) Tenant shall notify District upon completion of the authorized Work and shall
arrange for inspection of such Work by District. If District determines that the
Work has not been fully or correctly performed, it shall notify Tenant of the
deficiencies and Tenant shall have a reasonable period of time to correct the
identified deficiencies. Tenant shall thereafter notify District and request further
inspection.
(v) Tenant shall not accept any federal cost-sharing payments, grants, or donations
ATTACHMENT 4
8
for conservation practices that would result in a duplicate payment.
(vi) In any agreement entered into between Tenant and outside contractor(s), said
contractor shall act as an independent professional and not as an agent of the
District, and nothing contained in this agreement or any contractor agreement shall
create a contractual relationship between any contractor or subcontractor and the
District. Tenant shall obtain written permission from District prior to retaining
any contractor to perform Work at the Premises. Tenant shall: 1) require
contractor to pay prevailing wages as required by law; 2) ensure that the contractor
is licensed under state law (if applicable); and 3) require the contractor to hold
appropriate insurance coverages for work on District land. Tenant shall notify the
District at least seven (7) days prior to the commencement of said approved Work
and immediately upon completion.
(vii) Compensation for said Work will be directly paid to the Tenant instead of in
lieu of all or a portion of Rent.
(viii) Tenant acknowledges that any Work to be performed by Tenant for
compensation may trigger reporting requirements by the District under federal and
state tax law. Tenant will be required to submit a W9 to the District. Tenant
agrees that Tenant is solely responsible for all tax obligations, if any, arising from
such payments or offsets, to whatever degree required by state or federal law.
(ix) Nothing contained herein shall be construed to make Tenant an employee or agent
of District and Tenant shall be and remain an independent contractor.
(d) Performance of Work for Rent Credit. Tenant may request permission from District to
improve grazing infrastructure and/or promote resource protection (“Work”) on the Premises,
in lieu of all or a portion of the Tenant’s annual Rent by the following procedures and subject
to the following conditions:
(i) Only Work that qualifies for Rent Credit as outlined in Exhibit D may be
submitted.
(ii) Prior to commencing any such Work, Tenant shall submit a written proposal
and schedule for completion of Work to District for approval and shall provide an
estimate of the value of such Work itemizing the estimated cost for outside
contractors, materials, labor, and equipment (Exhibit E).
(iii) The construction and installation of the improvements shall be in accordance
with District’s specifications and instructions. A biological monitor may be
required by District in its sole discretion to monitor Work in areas where sensitive
species may be affected.
(iv) District shall review such Tenant proposal and value estimate, and may elect,
in its sole discretion, to authorize the performance of such Work, or may counter
the offer of Tenant, either as to the scope of Work or valuation thereof. If
acceptable to Tenant, District and Tenant may agree that such Work be performed
in lieu of all or a portion of Rent in the agreed-upon amount. Any such
authorization shall be in writing and signed by a duly authorized District
representative or shall be of no force and effect.
(v) In the event District approves specific Work to be performed by Tenant in lieu
of all or a portion of Rent, all such Work shall be performed in a timely and
professional manner, to the reasonable satisfaction of District.
(vi) Tenant acknowledges that any Work to be performed by Tenant in lieu of all
ATTACHMENT 4
9
or a portion of Rent may trigger reporting requirements by the District under
federal and state tax law. Tenant agrees that Tenant is solely responsible for all
tax obligations, if any, arising from such payments or offsets, to whatever degree
required by state or federal law.
(vii) Tenant shall notify District upon completion of the authorized Work and shall
arrange for inspection of such Work by District. If District, after inspection,
accepts the Work as fully and correctly performed, it shall authorize, in writing,
that such Work be either substituted for all or a portion of Tenant’s Rent
obligations for the agreed upon amount. If District determines that the Work has
not been fully or correctly performed, it shall notify Tenant of the deficiencies and
Tenant shall have a reasonable period of time to correct the identified deficiencies.
Tenant shall thereafter notify District and request further inspection. The District
reserves the right to withhold compensation for work that fails to meet agreed
upon specifications.
(viii) Tenant shall not accept any federal cost-sharing payments, grants, or donations
for conservation practices that would result in a duplicate payment.
(ix) In any agreement entered into between Tenant and outside contractor(s), said
contractor shall act as an independent professional and not as an agent of the
District, and nothing contained in this agreement or any contractor agreement shall
create a contractual relationship between any contractor or subcontractor and the
District. Tenant shall obtain written permission from District prior to retaining
any contractor to perform Work at the Premises. Tenant shall: 1) require
contractor to pay prevailing wages as required by law; 2) ensure that the contractor
is licensed under state law (if applicable); and 3) require the contractor to hold
appropriate insurance coverages for work on District land. Tenant shall notify the
District at least seven (7) days prior to the commencement of said approved Work
and immediately upon completion.
(x) In no event shall credit for Work performed in lieu of Rent exceed the amount
of Rent due for the remainder of the then current Grazing Season and any excess
claimed may not be carried over or otherwise applied to rental obligations arising
thereafter. Should District terminate this Lease for any reason permitted
hereunder, District shall, prior to the full application of any such credit to Rent
due, reimburse Tenant for Work that was approved by District and correctly
performed by Tenant, provided that District’s termination of this Lease is not due
to a material default or breach of Tenant.
(e) Challenge to Rent Adjustment. Tenant acknowledges that the Rent is adjusted annually based
upon the good faith calculations of the District based upon the information provided or referred
to herein. Tenant agrees that it has no more than one year from the date of being informed of
the new Rent amount to challenge the calculation of rent amount. Errors or discrepancies in
calculation of Rent alleged by Tenant after one year has elapsed are waived by Tenant, as a
knowing waiver due to the complexity of rental calculation and the Tenant’s ability to
independently determine if the calculations were performed correctly.
(f) Late Charge. Any Rent received by District five (5) or more days past the Payment Date on
which such amount was due, shall be subject to a penalty of 10% of the amount due to District,
and Tenant shall pay such additional sum concurrently with the late Rent payment.
(g) Livestock Lien. Tenant hereby acknowledges that all Rent not paid on a Payment Date set
ATTACHMENT 4
10
herein shall become a lien on any and all livestock located on the Premises as authorized by
California Civil Code §3080, et seq., and District shall have the right to take possession and
retain all such livestock, without resort to additional legal proceeding, until all unpaid amounts
are satisfied in full.
(h) External Funding of Work. District shall review any proposal for Work that may be partially
funded by federal cost-sharing payments, grants, or donations ex. EQIP grants (National
Resources Conservation Services) to ensure District resource and management goals are met.
Tenant is required to obtain written permission from the District before proceeding with the
Work proposal. Additionally, if the Tenant seeks partial funding of the Work proposal from
the District, District Board approval may be required depending cost of the District’s share of
the Work proposal.
5. TAXES
Tenant agrees to be responsible for, and to pay promptly when due, all possessory interest taxes and any
other such taxes that are assessed on the basis of this Lease or the grazing operations permitted hereunder.
Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the
amount of such tax against Rent payable under this Lease. Taxes assessed on any personal property of
Tenant shall be solely the obligation of Tenant.
Tenant acknowledges that any rent offsets or compensation paid by other means for work done on the
property may trigger reporting requirements by the District under federal and state tax law, regarding such
payments or offsets credited to the Tenant. Tenant agrees to provide any information required about the
business structure under which Tenant operates to assist the District in determining its tax reporting
obligations. Tenant agrees that Tenant is solely responsible for all tax obligations, if any, arising from such
payments or offsets, to whatever degree required by state or federal law.
6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION
(a) Definition of Grazing Capacity. Grazing Capacity, for all purposes herein, is the level of
livestock use allowed on the Premises consistent with forage production, resource conservation,
and open space preservation objectives (the “Grazing Capacity”). The unit of measure of
Grazing Capacity shall be the animal unit month (“AUM”), defined herein as the amount of
forage, equivalent to 1,000 pounds of dry, herbaceous plant material, necessary to sustain a
mature cow for a period of one month. District shall regulate the kind and number of livestock
and the amount of time the Premises are grazed by same, to assure conformity to Grazing
Capacity estimates.
(b) Definition of Grazing Season. Grazing Season, for all purposes herein, is that portion of the
year during which grazing is feasible. It may be a whole year or a partial year and is normally
a function of available forage, the type of livestock grazed, conservation grazing goals, and
climate. Generally, the annual Grazing Season begins November 1st and ends October 31st
unless otherwise established. The District shall regulate the length of the Grazing Season as
needed to achieve its conservation grazing goals.
(c) Procedure for Establishing Annual Grazing Capacity and Grazing Season. The Grazing
Capacity and Grazing Season for the Premises for the first lease year is that set forth in the
Summary. The procedure for establishing the Grazing Capacity and Grazing Season thereafter
shall be:
ATTACHMENT 4
11
(i) District shall conduct an annual range assessment of the Premises to identify areas
District considers suitable for grazing and to estimate the available forage
production for the forthcoming lease year. Tenant will be provided an opportunity
to participate in this annual range assessment.
(ii) Residual Dry Matter (RDM) targets described in Section 6(f) herein shall be
subtracted from the estimated total amount of available forage within the Premises
to determine how much forage is available for livestock to consume in an average
year, a wet year, and a dry year. The District’s determination of Grazing Capacity
and corresponding Grazing Season for the Premises shall be based upon the
estimated forage production in an average rainfall year and may be subject to
change by District.
(iii)Prior to November 15th of each year, District shall notify Tenant in writing of the
authorized Grazing Capacity and Grazing Season for the Premises for the
forthcoming lease year. The notice shall set forth any required changes to
Tenant’s range management methods or grazing practices in accordance with the
Rangeland Management Plan, and shall also list any natural resource management
or other range or open space management activities appropriate for the Premises
during the forthcoming lease year from which Tenant may propose to do Work,
as defined in Section 4(c) and 4(d).
(iv) Subject to the provisions of Section 6(c) through 6(e) below, the authorized
Grazing Capacity for the Premises shall remain the same throughout the lease year.
(d) District as Sole Judge of Grazing Capacity and Grazing Season. At all times District shall
be the sole judge as to the Grazing Capacity and Grazing Season of the Premises and any pasture
thereof. In determining the Grazing Capacity and Grazing Season of the Premises or any
pasture thereof, District may take into account, by way of example only and without limitation
thereby, such factors as erosion control, re-forestation, native and invasive vegetation, water
quality, fisheries, wildlife, recreation or any other conditions that may affect the use, operation,
and conservation of the District’s lands for open space purposes.
(e) Emergency Reduction of Grazing Capacity. At any time and from time to time, District may
reduce the authorized Grazing Capacity or Grazing Season or impose a full or partial grazing
moratorium in the District’s discretion when such action is necessary or appropriate due to an
emergency that poses a threat to the physical or environmental condition of the Premises.
Written notice of any such reduction will be given by District to Tenant, who shall have ten
(10) days in which to implement the reduction. In implementing such reduction, Tenant may
either (i) reduce animal numbers, or (ii) feed weed-free hay of good quality at the equivalent of
three (3) AUMs per ton fed. In the event Tenant desires to use option (ii), Tenant shall first
obtain District’s written approval. In giving such approval, District may require Tenant to
concentrate all or part of the livestock into selected areas for feeding and control. In the event
of such reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof.
(f) Exceeding Grazing Capacity without Authorization. Tenant shall limit the number of
livestock to be grazed upon the Premises and the period of use so that the authorized number
of AUMs is not exceeded. Should the Premises, or any portion thereof, unintentionally be
grazed in excess of the authorized number of AUMs, Tenant shall immediately remove all or
such number of livestock as are necessary to comply with the Grazing Capacity authorized by
District. In addition to all other rights which District may have or exercise under this Lease, in
the event that Tenant grazes the Premises in excess of the authorized Grazing Capacity, the
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charge per AUM shall be three (3) times the annual Rent provided for in this Lease for each
AUM or portion thereof grazed in excess of said authorized number, for any length of time,
such amount being hereby agreed upon as the liquidated minimum damages to District from
such excess usage and District shall be entitled to prove and be awarded any greater damage
amount, or other relief sought, by a court of competent jurisdiction. Tenant shall pay such
amount to District promptly upon demand.
(g) Residual Dry Matter (RDM) Requirements. Residual dry matter (“RDM”), as used herein,
is a measure of the amount of dry vegetation left on the ground, typically measured at the end
of summer or in the fall, prior to rainfall. The height in inches of standing vegetation remaining
on the ground is a general indicator of RDM levels; however, the pounds per acre measurement
shall be used for the purposes of monitoring and enforcing minimum RDM requirements. The
District has set the following RDM requirements for the Premises depending upon average
slope:
Minimum:
1) On 0% to 30% slopes, the average minimum RDM shall be 800 – 1,000 pounds per acre,
or approximately 2 to 3 inches of standing vegetation.
2) On slopes greater than 30%, the average minimum RDM shall be 1,200 pounds per acre,
or approximately 3 to 4 inches of standing vegetation.
A layer of RDM shall be maintained by Tenant throughout the Grazing Season to minimize soil
erosion and enhance both the quality and quantity of forage produced. Tenant and District
acknowledge that localized over-utilization will occur adjacent to watering facilities, corrals,
and salting areas. As such, these areas will not be used to determine the RDM levels of a
pasture. If the RDM levels drop below the amounts specified above, District shall notify
Tenant, and Tenant shall immediately remove all livestock from the affected pasture(s) until
such time as District determines that such pasture(s) have recovered sufficiently for restocking.
While it is ideal to graze pastures to at or near prescribed RDM levels, it may be difficult to
obtain these results annually based on natural climatic factors. Grazing operators should
manage grazing livestock to remove, at a minimum, forty percent (40%) of the annual forage
produced. For example, if annual forage production in a pasture is 5,000 pounds per acre, the
grazing operator should manage livestock to reduce, at a minimum, 2,000 pounds of forage per
acre resulting in Fall RDM measurements around 3,000 pounds per acre. If final RDM levels
exceed sixty percent (60) of total annual production, District shall notify Tenant, and Tenant
along with the District’s Rangeland Ecologist will discuss increasing the grazing pressure by
increased stocking rate, adjusting season of use/timing, adding a water source in the area, and/or
placing cattle supplement in the area as an attractant.
7. ANNUAL STOCKING AND WORK PROGRAM
Tenant shall prepare an annual stocking and work plan (“Stocking and Work Program”) prior to the
beginning of each Grazing Season. No later than December 1st of each year, Tenant shall deliver to District
a proposed Stocking and Work Program, in a form substantially similar to the example attached hereto as
Exhibit F that shall include information on the number and type of all livestock proposed to be grazed upon
the Premises during the forthcoming Grazing Season. The Stocking and Work Program shall set forth the
number of AUMs to be stocked based on current forage conditions and the Grazing Capacity and the
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forthcoming Grazing Season established b y District, and shall specify all proposed management activities
related to invasive removal , infrastructure maintenance, and/or the development of range resources that may
be warranted for the conditions and circumstances on the Premises. The range management work proposed
by Tenant shall be in full conformance with the Rangeland Management Plan. Within twenty (20) working
days of receipt of the Stocking and Work Program, District shall notify Tenant in writing whether it is
acceptable. If unacceptable, District shall state in its notice all changes to be made to the Stocking and Work
Program. Tenant shall incorporate all changes into the Stocking and Work Program and resubmit it to
District for approval. For the length of the Grazing Season, Tenant is required to submit monthly stocking
reports as outlined in Exhibit G.
8. LIVESTOCK
(a) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall
be in general good health and physical condition and that they have been inoculated with all
appropriate vaccinations according to good husbandry practice.
(b) Outbreaks of Disease. Tenant shall immediately (within 24 hours) report to District and all
proper governmental authorities any case of infectious animal disease appearing in livestock on
the Premise, and shall, at Tenant’s sole cost, take all steps required to isolate, control, and
eliminate any such disease in consultation with a licensed and reputable veterinarian retained
by Tenant. Livestock exhibiting symptoms of disease communicable to humans shall be
immediately removed from the Premise.
(c) Livestock Identification. All livestock and their offspring shall be branded or marked with
the brand or mark of the Tenant. The District, under certain conditions, may require Tenant to
identify livestock with distinctive ear tags for to facilitate public or District personnel reporting
of any problem or aggressive livestock.
(d) Disposal of Livestock Carcasses. Tenant shall immediately notify District upon discovering
any dead livestock on or near the Premises. Tenant shall promptly remove or dispose of
livestock carcasses on the Premises. District may in its sole discretion grant Tenant’s request
to bury livestock carcasses on District land. Burial shall not occur without District’s prior
written approval.
9. USE OF PREMISES
(a) Tenant’s Permitted Use. Tenant may use the Premises for the uses specified in the Rangeland
Management Plan, and for no other purpose or use without the prior written consent of District,
the exercise of which shall be in its sole discretion. Livestock grazed on the Premises must be
either owned by the Tenant or grazed under the direct supervision of Tenant.
(b) Grazing Within Premises. Tenant shall, at all times, prevent livestock from trespassing onto
lands on which Tenant is not authorized to graze and adjacent third-party lands, whether private
or public. Notwithstanding the foregoing, nothing in this subsection (c) shall be construed to
require Tenant to install additional fencing on the Premises beyond that required elsewhere in
this Lease or by the Rangeland Management Plan.
(c) Supplemental Feeding. Subject to verbal authorization from the District’s Rangeland
Ecologist or other authorized District representative, Tenant may provide supplemental feed to
maintain the health and vitality of permitted livestock. Tenant may not conduct supplemental
feeding on the Premises to prolong grazing use in areas where the forage levels specified in the
approved annual Stocking and Work Program have been reached or exceeded. Any
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supplemental feed shall be certified to be free of non-native, invasive plant materials,
commonly known as “weed free” feed or forage.
(d) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and
vehicle accessible trails and areas of the Premises, both during and immediately following wet
weather carries the potential for serious degradation of road and ground surfaces, including but
not limited to, rutting and erosion. Tenant shall refrain, to the maximum extent feasible
consistent with reasonable grazing practices, from using motorized vehicles on the Premises
during wet conditions. All motorized vehicle use by Tenant during wet conditions is restricted
to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and equipment used by
Tenant on the Premises must be outfitted with appropriate spark arrestors and mufflers. No
heavy equipment, including, but not limited to bulldozers, backhoes, excavators, or trenchers
is allowed to cross or operate on the Premises without District’s prior written consent. District
may, in its sole discretion, close any or all roads, or promulgate and enforce use restrictions on
road use for resource management, erosion control, law enforcement purposes, or other
purposes necessary or appropriate for the sound management of the Premises, by providing
Tenant with prior written notice thereof.
(e) Weed and Pest Control. Except as set forth in Section 9(d) above, District will have the right,
but not the obligation, at its sole cost and expense, and in its sole discretion as to the manner,
time or extent of such efforts, for the control of noxious weeds and animal pests on the Premises.
Tenant shall fully cooperate with District in any programs designed to control or eradicate weed
and pest populations, including relocation of livestock if necessary. District shall provide
Tenant with at least 48 hours’ notice, verbal or written, prior to the commencement of such
control programs. Tenant shall not introduce any noxious vegetation onto or about the
Premises. In no event shall District be liable to Tenant for the presence or introduction of
noxious vegetation or animal pests on the Premises.
(f) Integrated Pest Management Program. Tenant, and any pest management contractors
operating on the leased property, shall comply with all requirements of the District’s Integrated
Pest Management (IPM) Program. These requirements include, but are not limited to: using
the least harmful method(s) to control identified pests, using only pesticides on the current
District Pesticide List, posting notifications of all pesticide applications one day before
treatment, leaving these postings for three days after treatment, and reporting all pesticide use
by staff or contractors. Tenant must obtain prior written authorization from District before
using any pesticide on the Premises.
(g) Hazardous Substances. Tenant is absolutely prohibited from transporting, mixing, generating,
applying, storing, or disposing of pesticides (including herbicides or rodenticides) or any
hazardous substances, except for equipment and vehicle fuel and fueling operations typical for
use in grazing operations, upon the Premises without the prior express written consent of
District. Fuel will be kept in properly sealed containers, suitable for the substance, and all fuel
transfer operations will be conducted with sufficient care and diligence to prevent
contamination of or on the Premises.
(h) Events. Tenant shall obtain a permit pursuant to District’s permit process for any event held
on the Premises for twenty (20) attendees or above. Events shall be approved at the sole
discretion of the District.
(i) Unforeseen Circumstances. At any time, District may require Tenant to temporarily relocate
livestock, and/or temporarily cease grazing activities on a portion of the Premises if, in the
District’s discretion, such action is necessary or appropriate due to unforeseen circumstances
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which pose a threat to the physical or environmental condition of the Premises. District will
notify Tenant at least seventy-two (72) hours previous to an action. In the event of such
reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof.
(j) Cannabis Prohibited. Cannabis shall not be cultivated, stored, transported, packaged or
possessed on District Premises notwithstanding legality of cannabis within the local
jurisdiction.
10. MAINTENANCE OF IMPROVEMENTS
(a) Routine Maintenance. Tenant responsibilities for maintenance are outlined in Exhibit D.
Please refer to Section 4(c & d) for a full description of the requirements for either performance
of work for rent credit or direct compensation where applicable.
(b) Emergency Road Repairs. Tenant may perform limited emergency repairs to any road that is
impassable for uses authorized hereunder. Tenant must make a reasonable, good faith effort to
notify District prior to commencing emergency work undertaken pursuant to this section.
“Emergency” for purposes of this section shall mean imminent danger to the health or safety of
humans, the natural resource values of the Premises, water bodies or structures, or to livestock
permitted on the Premises hereunder. All emergency work undertaken pursuant to this section
shall be performed, to the maximum extent feasible, in a manner consistent with District road
repair standards. No material may be permitted to enter waterways. Tenant shall be responsible
for remediation of any emergency road repair work, as such may be ordered by District or by
lawful regulatory authority, including proper permitting, associated fees and charges and for
any fines levied. Tenant shall not be entitled to reimbursement or rent credit for any such
emergency repairs.
11. ALTERATIONS
Tenant agrees to obtain and fully comply with all applicable permits, authorizations, laws, ordinances, and
regulations, and to obtain the prior written consent of District before making any alterations of, changes in,
or additions to the Premises. All alterations, additions and improvements made in, to, or on the Premises,
except unattached, movable fixtures, are the property of the District and will remain upon, and be surrendered
with, the Premises upon termination of this Lease.
12. ENTRY AND INSPECTION BY DISTRICT
Tenant agrees that District and its directors, officers, employees, agents and authorized volunteers may enter
the Premises at any time to inspect the Premises, or to make any changes, alterations or repairs which District
in its sole discretion considers appropriate for the protection, improvement or preservation of the Premises,
and to post any notice provided for by law or otherwise to protect the rights of District. Nothing herein
contained shall be construed to obligate District to make any changes, alterations or repairs to the Premises.
13. COMPLIANCE WITH LAW
a. Tenant will comply with all applicable laws, permits, statutes, ordinances, rules,
governmental orders, regulations, and requirements pertaining to the occupancy and use of the
Premises, including without limitation, District Land Use Regulations and District Ordinances
(copy provided to Tenant). Tenant shall not use, nor permit others to use, the Premises for any
unlawful or prohibited purpose or purposes except as may otherwise be specifically authorized
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hereunder.
b. Tenant shall not conduct predator control or harassment unless in coordination with the
District and at all times in accordance to District, local and state regulations. A violation of state or
local laws including District Land Use Regulations caused by Tenant or Tenant’s agents on the
Premises, breach of the reporting procedure described herein, or conducting predator
control/deterrence without District written permission constitutes a material breach of the Lease.
Tenant shall report evidence of wildlife interfering with livestock operations to the District both by
telephone and in writing, using the following phone numbers and address:
District Contact Information:
Primary Contact: Rangeland Ecologist
330 Distel Circle, Los Altos, CA 94022
Tel: (650) 691-1200
Alternate: Skyline Area Superintendent
Tel: (650) 949-1848
Afterhours District Dispatch - Mountain View Communications
Tel: (650) 903-6395 ask for dispatch to contact Area Superintendent
14. DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT
(a) District Right to Terminate. District shall have the right to terminate this Lease at any time
upon default of this Lease by Tenant.
(b) In the event of termination by District, Tenant shall be allowed thirty (30) days following
District’s issuance of written notice of termination during which to vacate the Premises. .
(c) Default. The occurrence of any of the following shall constitute a material default under and
breach of this Lease by Tenant:
(i) Any failure by Tenant to pay the Rent or any other monetary sums required to be
paid hereunder (where such failure continues for three (3) business days after written
notice to quit or pay rent by District to Tenant).
(ii) The abandonment of the Premises by Tenant.
(iii) A failure by Tenant to observe and perform any provision of this Lease, including
but not limited to overgrazing of the Premises; any use of the Premises in a manner
inconsistent with the Rangeland Management Plan or other provisions of this Lease;
failure to adhere to District’s predator control policies; or use of the Premises for
any unlawful or prohibited purpose..
(iv) The making by Tenant of any general assignment or general arrangement for the
benefit of creditors; the filing by or against Tenant of a petition to have Tenant
adjudged a bankrupt or of a petition for reorganization or arrangement under any
law relating to bankruptcy; the appointment of trustee or receiver to take possession
of substantially all of Tenant's assets located at the Premises or of Tenant's interest
in this Lease; or, the attachment, execution or other judicial seizure of substantially
all of Tenant's assets located at the Premises or of Tenant's interest in this Lease.
Tenant agrees that in the event of the occurrence of any of the above-specified
circumstances, this Lease, or any interest in or to the Premises, shall not become an
asset in any of such proceedings.
(d) Remedies. In the event of any material default or breach by Tenant, District may take any of the
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following actions in its sole discretion, at any time thereafter, and without thereby limiting District
in the exercise of any right or remedy, at law or in equity, that District may have by reason of
such default or breach:
(i) Maintain this Lease in full force and effect and recover the Rent and other monetary
charges as they become due, without terminating Tenant's right to possession
irrespective of whether or not Tenant has abandoned the Premises. In the event
District elects not to terminate the Lease, District shall have the right to attempt to
re-let the Premises at such rent and upon such conditions and for such a term, and
to do all acts necessary to maintain or preserve the Premises as District deems
reasonable and necessary without being deemed to have elected to terminate the
Lease, including removal of all persons and property from the Premises. Such
property may be removed and stored in a public warehouse or elsewhere at the cost
of and for the account of Tenant. In the event any such re-letting occurs, this Lease
shall terminate automatically upon the new Tenant taking possession of the
Premises, notwithstanding failure by District to elect to terminate the Lease initially.
District at any time during the Term of this Lease may elect to terminate this Lease
by virtue of such previous default of Tenant.
(ii) Place Tenant on probation, in which case the District will provide written notice to
Tenant of Tenant’s default, stating the reason(s) for which probation is given. If
after one year from the initiation of probation Tenant fails to remedy all deficiencies
previously described by written notice to the satisfaction of District in its sole
discretion, District may proceed with termination of this Lease as provided in this
section.
(iii) Terminate Tenant's right to possession by any lawful means, in which case this
Lease shall terminate, and Tenant shall immediately surrender possession of the
Premises to District. In such event District shall be entitled to recover from Tenant
all damages incurred by District by reason of Tenant's default, including without
limitation thereto, the following: (a) the worth at the time of award of any unpaid
Rent which has been earned at the time of such termination; plus (b) the worth at
the time of award of the amount by which the unpaid Rent which would have been
earned after termination until the time of award exceeds the amount of such rental
loss that is proved could have been reasonably avoided; plus (c) any other amount
necessary to compensate District for all the detriment proximately caused by
Tenant's failure to perform any obligations under this Lease or which in the ordinary
course of events would be likely to result therefrom; plus (d) at District's election,
such other amounts in addition to or in lieu of the foregoing as may be permitted
from time to time by applicable State law. Upon any such re-entry District shall
have the right to make any reasonable repairs, alterations or modifications to the
Premises, which District, in its sole discretion, deems reasonable and necessary. As
used in (a) above, the "worth at the time of award" is computed by allowing interest
at the rate of ten percent (10%) per annum from the date of default. As used in (b),
the "worth at the time of award" is computed by discounting such amount at the
discount rate of the U.S. Federal Reserve Bank at the time of award plus one percent
(1%). The term "Rent," as used in this Section, shall be deemed to be and to mean
the Rent to be paid pursuant to Section 4 hereof and all other monetary sums
required to be paid by Tenant pursuant to the terms of this Lease.
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(e) Cumulative Rights. All rights, options and remedies of District contained in this Lease, shall
be construed and held to be cumulative, and no one of them shall be exclusive of the other, and
District shall have the right to pursue any one or all of such remedies and any other remedy or
relief which may be provided for by law or in equity, whether or not stated in this Lease. No
waiver of any default of Tenant hereunder shall be implied from any acceptance by District of
any Rent or other payments due hereunder or any omission by District to take any action on
account of such default if such default persists or is repeated, and no express waiver shall affect
defaults other than as specified in said waiver. The consent or approval of District to or of any
act by Tenant requiring District's consent or approval shall not be deemed to waive or render
unnecessary District's consent or approval to or of any subsequent similar acts by Tenant.
15. TENANT’S RIGHT TO TERMINATE
If, after reviewing the average selling price of beef cattle for the month of June as reported in in CattleFAX
Feeder Cattle Prices (West & Northwest), Tenant determines that the Rent for the subsequent lease year will
not enable Tenant to conduct an economically viable grazing operation, Tenant shall have the right to
terminate this Lease, effective at the conclusion of the Grazing Season, by providing written notice to District
at the address shown on the Summary on or before August 15th of any lease year. In the event of such earlier
termination by Tenant, Tenant shall be allowed ninety (90) days following the conclusion of the Grazing
Season in which to vacate the Premises in conformity with this Lease. In the event of such early termination,
Tenant’s sole claim against District shall be payment for any completed contract Work.
16. SURRENDER OF PREMISES
Tenant agrees that upon termination of this Lease to promptly surrender the Premises and all appurtenances
to District in the same condition as when received, reasonable use, wear and tear, damage by fire, acts of
God or nature are an exception, and to remove all of Tenant's livestock and personal property from the
Premises.
17. ASSIGNMENT AND SUBLETTING
Pursuant to the provisions of Civil Code §1995.230, this Lease is personal to Tenant and may not be assigned,
sublet or otherwise transferred by Tenant, in whole or in part, in any manner whatsoever without first
obtaining the express written consent of District which may approve or disapprove such assignment, sublease
or other transfer in its sole discretion based on its review and assessment of the proposed transferee’s
experience with grazing, especially on public lands, general business experience and financial stability on a
level comparable to that of Tenant, and proposed transferee’s ability to competently and timely perform all
aspects of the Rangeland Management Plan.
18. INDEMNIFICATION
Tenant agrees to indemnify, protect, defend, and hold District harmless from and against any and all claims,
losses, damages, demands, liabilities, suits, penalties, costs, expenses (including, without limitation,
attorneys' fees), causes of action, claims and/or judgments arising out of or arising in connection with any
injury or damage to any person or property including, without limitation, District and its directors, officers,
ATTACHMENT 4
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employees, agents volunteers, and guests from any cause or causes whatsoever while in, upon or in any way
connected with this Lease, the Premises, or its appurtenances during the Term of the Lease.
19. INSURANCE
Tenant agrees to obtain, and keep in force during the term of the Lease, all at Tenant's own cost and expense,
a policy or policies of Commercial General Liability Insurance and Business Auto Coverage insurance, each
in an amount of not less than $1,000,000.00 aggregate and per occurrence or accident for all covered losses.
Such policy or policies shall name District as an additional insured, and evidence of such endorsement, by a
duly executed Certificate of Insurance (ACORD 25-S, or a successor or comparable form, subject to prior
approval by District) shall be provided District within ten (10) days of execution hereof and shall be updated
thereafter as necessary. Each of the policies must contain a provision that such policy will not be cancelled
or materially changed without thirty (30) days prior written notice to District. Tenant shall also comply with
all applicable statutory worker compensation requirements. Upon request by District, Tenant shall direct his
insurer or insurance agent to furnish District with a copy of any policy required by this Lease, certified to be
a true and complete copy of the original.
20. WAIVER OF RELOCATION BENEFITS
Tenant specifically waives any and all rights to relocation benefits or assistance that might otherwise be
available to Tenant upon termination of this Lease (for any reason or under any circumstances) including,
but not limited to, those authorized under California Government Code §7260 et seq. or otherwise.
21. UTILITIES
District shall have no responsibility or liability of any kind with respect to any utilities that may be on or
about the Premises. Tenant shall have the sole responsibility to locate such utilities and to protect them from
damage. Tenant shall make all arrangements directly with utility companies for delivery, and shall timely
pay for any and all utilities and services furnished to or used by Tenant, including without limitation, gas,
electric, water and telephone service for all deposits, connection, installation and usage charges.
22. NO RIGHT TO REPAIR AND DEDUCT
No residential tenancy is created by or permitted hereunder, and Tenant expressly waives the benefit of any
existing, or subsequently enacted or set out, law, judicial or administrative decision, that might otherwise
permit Tenant to make repairs or replacements at District’s expense, or to terminate this Lease because of
District’s failure to keep the Premises, improvements, or any part thereof, in good order, condition and repair,
or to abate or reduce any of Tenant’s obligations hereunder on account of the Premises or improvements or
any part thereof being in need of repair or replacement except as is specifically authorized pursuant to Section
4 (c & d) hereof. Without limiting the foregoing, Tenant expressly waives the provisions of California Civil
Code §1932 or any similar laws with respect to the right of Tenant to terminate this Lease.
23. GENERAL PROVISIONS
(a) Amendments; Entire Agreement. Neither this Lease nor any term or provision hereof may
be changed, waived, amended, discharged or terminated except by a written instrument signed
by the Parties hereto or as otherwise permitted hereunder. This Lease, including the Exhibits
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hereto, contains the entire agreement between the Parties and supersedes all prior written or
oral negotiations, discussions, understandings and agreements. The Parties further intend that
this Lease shall constitute the complete and exclusive statement of its terms and that no extrinsic
evidence whatsoever (including prior drafts of this Lease or the Rangeland Management Plan
and any changes therefrom) may be introduced in any judicial, administrative or other legal
proceedings involving this Lease. Tenant hereby acknowledges that neither District, nor
District’s directors, officers, employees or agents, have made any representations or warranties
with respect to the Premises or this Lease except as expressly set forth herein, and no rights,
easements or licenses are or shall be acquired by Tenant by implication or otherwise unless
expressly set forth herein.
(f) Severability. If any provision of this Lease or the application thereof to any person, entity or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or
the application of such provision to persons, entities or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each other provision of
this Lease shall be valid and enforceable to the fullest extent permitted by law.
(g) Time. Time is of the essence to every term and condition hereof to which time is a material
factor.
(h) Governing Law and Venue. This Lease shall be construed pursuant to California law and
proper venue for all purposes shall be in the Superior Court for the County of San Mateo.
(i) Attorneys’ Fees; Costs of Suit. If legal action shall be brought by either of the parties, the
party prevailing in said action shall be entitled to recover from the party not prevailing shall
bear the costs of the suit and reasonable attorney's fees. For purposes of this Lease, reasonable
fees of attorneys employed by District shall be based on the fees regularly charged by private
attorneys with an equivalent number of years of experience in the subject matter area of the law
and actively practicing within the jurisdiction of District.
(j) Holding Over. Tenant specifically waives the provisions of Code of Civil Procedure §1161(2).
Any holding over after expiration of the Term with the express written consent of District shall
be construed to automatically extend the Term of this Lease only on a month-to-month basis.
All other terms, conditions and covenants of the Lease shall remain in effect during the hold
over period so far as applicable.
(k) Notices. Wherever this Lease provides for notices between the parties, or wherever the law
requires or gives the right of serving a notice, the same shall be in writing and either served
personally or sent by registered or certified mail, postage prepaid and addressed to the
appropriate party as shown in the Summary. District and Tenant may at any time, in the manner
provided herein, change the place or person designated for receiving notice.
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IN WITNESS WHEREOF the parties hereto subscribe their names.
TENANT 1: TENANT 2:
[List Name] [List Name]
Date: Date:
DISTRICT:
Ana M. Ruiz, General Manager
Date:
Approved as to form: Attest:
____________________________________ ___________________________
Hilary Stevenson, General Counsel Jennifer Woodworth, District Clerk
Date: _________________________ Date: ________________________
ATTACHMENT 4
EXHIBIT A – RANGELAND MANAGEMENT PLAN (SEPARATE COVER)
ATTACHMENT 4
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EXHIBIT B - GRAZING LEASE PREMISES
ATTACHMENT 4
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EXHIBIT C- CALCULATION OF ANNUAL GRAZING RENT
Annually, grazing Rent shall be adjusted upward or downward based upon two factors:
1) The Grazing Capacity in AUMs authorized by District for the current Grazing Season.
2) An increase or decrease in the per AUM rental rate as outlined below. Any increase or
decrease in the per AUM rental rate shall not exceed 50 percent (50%) of the previous
grazing season’s per AUM rental rate.
For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle
shall be taken as the average selling price of Medium Frame No.1 Muscling Steers and
Heifers, 500-800 lbs., as reported by the Cattle Marketing Information Service, Inc. (Cattle-
Fax) for the month of June prior to the start of the new lease year. In the event that the average
sales price of beef cattle is not obtainable in any year from Cattle-Fax as now constituted, then
the average sales price to be used in determining the rental rate shall be obtained from some
other authentic source to be selected by District as providing a comparable price for this
purpose.
The per AUM rental rate shall be determined through the use of the Grazing Rental
Adjustment Table included with this Exhibit, within which the average selling price of beef
cattle per hundred-weight shall be matched with the appropriate price range found in Column 1
of said table to determine the corresponding rental rate found opposite this entry in Column 2
Example for calculating the annual grazing rent:
Assume the Grazing Capacity authorized by the District for the current lease year is as follows:
Ranch A - 40 AUMs per month for 12 months (month - month) = 480 AUMS
Total Grazing Capacity = 480 AUMS
Per AUM Rent = $16.50
Rent for first lease year = 480 AUM X $16.50 = $7,920.00
The total authorized AUMs for current Grazing Season shall be established by the District on the basis of
the Grazing Capacity of the Premises as determined by District, and stocking levels shall be computed by
calculating the relative forage requirements of each of the kind or kinds of livestock intended to be grazed
on the Premises in any one grazing year, as expressed by the following conversion factors:
ATTACHMENT 4
25
Type of Livestock Animal Unit Months (AUMs)
Adult Cow with Calf up to 6 months old 1.00
Heifer or Steer, 2 years & older (1,000 lbs. or more) 1.00
Yearling to 2-year-old (750 to 1,000 lbs.) 0.75
Weaned Calf to Short Yearling (up to 750 1bs.) 0.50
Bull 1.50
Horse 1.25
Sheep 0.20
Goats 0.20
Tenant shall use the Premises only for grazing the type of livestock permitted under the Rangeland
Management Plan for that grazing property.
ATTACHMENT 4
26
ATTACHMENT 4
27
ATTACHMENT 4
28
ATTACHMENT 4
29
ATTACHMENT 4
30
EXHIBIT D - RANGELAND MNGMNT. ACTIVITIES AND RESPONSIBILITIES*
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Rent
Credit
Or
Comp
A. Infrastructure for Grazing Management, Grazing
Operations, and Related Stewardship
Essential infrastructure: Access roads, culverts and road
drainage, related parking and turnaround areas, livestock
handling and staging facilities, fencing, gates, cattle-guards,
and watering system/facilities: stock ponds, spring-boxes,
wells, pumps, tanks, troughs and hardware,
foundations/armoring of tank/trough sites, wildlife escape
ramps
1. Develop (new or replace) essential infrastructure
(see above) of adequate quality for a viable grazing
operation following the Rangeland Management Plan
(Repeat such development when each element has
exceeded its expected lifespan)
X X X X
2. Maintain and clean existing essential infrastructure of
adequate quality – example: All fences should be
cattle tight including perimeter, riparian, and special
status species.
X X
3. Maintain stock ponds for both watering and habitat X X X X
4. Clear blocked culverts and drainage dips on dirt
access roads.
X X X
5. Grade primary and other useful dirt access roads X X X X
6. Replace or repair minor infrastructure damaged due
to vehicle accidents and vandalism.
X X X
7. Replace or repair all damage to infrastructure
caused by livestock.
X X
B. Grazing Management and Operations
1. Maintain health of livestock, remove individual
animals deemed “problems” or diseased livestock
X X X
2. Supervise Livestock Operator’s employees and
subcontractors
X X
3. Gather and handle livestock X X
4. Rotate livestock to achieve the specified grazing
objectives.
X X
5. Inspect, assess and respond to infrastructure and X X X
ATTACHMENT 4
31
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Rent
Credit
Or
Comp
resource conditions and livestock escapes
8. Be available and conduct rapid response to
emergency requests for assistance and maintenance,
or general visitor assistance
X X X
9. Patrol for site security, notify Skyline Area
Superintendent of trespass activity
X X X X
C. Conservation Services (for general land care, support
of the land’s “ecosystem services,” and conservation
purposes)
1. Remove/clean-up abandoned fence, equipment,
trash, and debris
X X X
2. Conduct targeted grazing or exclusion for
maintenance and enhancement of special habitats
(special-status plants or animals, riparian woodland,
ponds, wetlands, native grasses, or oaks).
X X X
3. Control of invasive plant, reduction of fire hazards,
and other special resource projects; activities might
include herbicide application, construction, manual
work, and specialized equipment work
X X X X
4. Conduct other activities not part of a “normal”
grazing lease for regular or one-time purposes
(construction, manual work, and specialized equipment
work)
X X X
5. Participate in educational events and visitor relations
organized by the Landowner
X X X X
D. Monitoring
1. Monthly Stocking Reports X
2. Work assigned to Landowner (per Grazing
Management Plan)
X X X
3. Make general “naturalist” observations of sightings of
unusual animals (including predators), plants, natural
events (weather, wildflower displays, wildfires, new
pest plant infestations, insect infestations, landslides,
tree-falls, high/low streamflow, etc.) or other things of
interest, and provide periodic reports
X X X
E. Administration and Coordination
1. Manage lease and operations activity X X X
2. Maintain appropriate insurance for liability and X X
ATTACHMENT 4
32
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Rent
Credit
Or
Comp
workers compensation
3. Manage Livestock Operator personnel X X
4. Coordinate with Landowner representative X X X X
5. Propose stewardship activities as either contracted
work or work for rental credit; prepare and review
annual and monthly stewardship work plans and
stocking reports
X X X X
6. Project management and contract administration X X X X
7. Participate in administrative meetings with
Landowner to review monitoring results, including
compliance with lease and Landowner management
plans; review and recommend minor adjustments to
management activities as well as adaptations to the
formal management plans; plan subsequent year; and
complete required reports and other communications
X X X X
8. Consult to Landowner as requested on grazing
management, operations, infrastructure, planning,
monitoring, and conservation issues
X X X
* Thanks to Larry Ford and Sheila Barry (with contributions from D. Sweet, P. Van Hoorn, and M. Swisher) for the foundation information for this Rangeland
Management Activities and Responsibilities table as originally noted in their “Rangeland Management Activities by Livestock Operators and Landowners for
Grazing Leases of Conservation Lands” work.
ATTACHMENT 4
33
EXHIBIT E - PROPOSED WORK FOR RENTAL CREDIT OR AS A CONTRACTOR
Date Submitted: Proposed Date of Completion:
(please attach a schedule)
Rental Credit: ☐ Contract: ☐
Tenant:
Grazing Property (ex. Big Dipper):
Project Description:
Outside Contractor(s) (a copy of the contractor’s bid):
Total Estimated Contractor Costs:
Materials (include itemized list of materials needed to complete the project
and their cost; attach additional page(s), if necessary):
Total Estimated Materials Costs:
Labor (include name(s) of person(s) contributing labor, their estimated time
involved in the project, and their cost per hour per day):
Total Estimated Labor Cost:
Rental Equipment (include type of equipment needed, estimated rental time,
and cost per hour or day, include hourly rate of equipment operator if this is a
separate expense):
Total Estimated Rental Equipment Cost:
Total Estimated Project Cost: ___________
ATTACHMENT 4
34
EXHIBIT F – ANNUAL WORK PLAN
Location:
Tenant:
Grazing Season:
Grazing Capacity:
ANNUAL STOCKING PLAN:
Current Stocking Rate:
Proposed Stocking Rate:
Grassland Goals given annual District RDM report:
Integrated Pest Management Goals
ANNUAL WORK PLAN:
Proposed Projects for Rental Credit:
Proposed Projects for Compensation:
Proposed Projects for NRCS funding:
Requested Projects for District funding:
Proposed Schedule for Improvements:
GRAZING SEASON CHALLENGES:
ATTACHMENT 4
35
EXHIBIT G – MONTHLY STOCKING REPORT
Reporting Period:
Grazing Season AUM Rate:
Date in Date out No. of Livestock Type of Livestock Days on Pasture
_______________________________________________________________ _________
Totals
Livestock Inspection Dates:
Date Location (Pasture) No. of Livestock Observed Condition
Livestock Inoculation Dates:
Date No. of Livestock Type of Inoculation
Any Observed Unusual Activity:
ATTACHMENT 4
36
EXHIBIT H - GRAZING INFRASTRUCTURE IMPLEMENTATION PLAN
These grazing infrastructure projects will be included as part of the Work Plan (Exhibit F) as
outlined in this grazing lease for each of the grazing seasons as outlined below. The project will
be completed by an agreed upon date or the last day of the designated grazing season. The
tenant will notify District in writing if there is a delay in the scheduled completion due to
unforeseen circumstances.
Grazing Season 2020 (GS 2020) - November 1, 2019 – October 31, 2020 Tenant Projects
a. Pasture 2 additional new upper water trough
b. Pasture 3 Harrington Spring repair / new trough
• Pending approval from District to clear/maintain old ranch road to
access work site
• Will need a schedule of when work will be completed by tenant to
coordinate biomonitoring & pre surveys
Grazing Season 2021 (GS 2021) - November 1, 2020 – October 31, 2021 Tenant Projects
a. Repair / replace Driscoll Boundary Fence
ATTACHMENT 4
R-19-138
Meeting 19-27
October 23, 2019
AGENDA ITEM 7
AGENDA ITEM
Award of Contract for the South Area Field Office Project
GENERAL MANAGER’S RECOMMENDATIONS
1. Award a contract to Agbayani Construction Corporation of Daly City, California for a base
contract amount of $3,529,000, which includes bid alternates #5 and #7.
2. Authorize a 15% construction contingency of $529,350 to be reserved for unanticipated
issues, for a not-to-exceed total contract amount of $4,058,350.
3. Separately authorize bid alternate #1 for $75,000, for a total not-to-exceed contract amount of
$4,133,350, to be awarded if during demolition the south wall is deemed to require
replacement; this fixed charge is excluded from the 15% contract contingency calculation.
SUMMARY
In August 2019, Midpeninsula Regional Open Space District (District) received permit approval
from the City of Campbell (City) to repurpose the industrial building located at 240 Cristich Lane
in Campbell as the District’s new South Area Field Office (SAO or Project). The main scope of
work includes interior insulation and space reconfiguration, exterior building siding and roof
repair, paving and parking restriping, new vehicular gate, site lighting, security fencing, drainage
and utilities improvements, and material and equipment storage.
A Request for Bids was issued on August 27, 2019 and three bid proposals were received on
October 2, 2019. Agbayani Construction Corporation is the lowest responsive and responsible
bidder. The General Manager recommends awarding a contract to Agbayani Construction
Corporation in the base amount of $3,529,000; authorizing a 15% construction contingency of
$529,350; and separately awarding bid alternate #1 for $75,000, for a not-to-exceed total contract
amount of $4,133,350. Bid alternate #1 is a fixed cost to replace the south building elevation. This
bid alternate would only be used if site conditions warrant wall replacement based on inspections
during demolition activities. Sufficient funds are included in the Fiscal Year budget. Depending
on a possible construction schedule acceleration, a budget amendment may be recommended at a
later time to adjust funds between Fiscal Year (FY) 2019-20 adopted and FY2020-21 projected.
Work is anticipated to begin in November 2019 and conclude in September 2020.
BACKGROUND
The District has long sought to locate a permanent staff facility in the southern reaches of its
jurisdiction, providing a management presence and a staging area for tools, materials, and
equipment to service its southern preserves. Operational needs for a larger and more functional
R-19-138 Page 2
field office located in the southern area of the District continue to increase in part due to the
opening of new preserve areas to public access (Mount Umunhum in 2017 and Bear Creek
Redwoods in June 2019).
In March 2017, the Board of Directors (Board) approved the purchase of an industrial property at
240 Cristich Lane in the City of Campbell as the site of a new South Area Field Office (R-17-38).
The new SAO will house staff from the Land & Facilities and Visitor Services Departments,
serve as a storage and service center for field equipment, and allow the public to drop in to
acquire information about the District. The property provides the following District benefits:
1. Central location with great access and reduced travel time to South Area Preserves (Sierra
Azul, El Sereno, St Joseph’s Hill and Bear Creek Redwoods).
2. Municipal utility services and infrastructure to support a field office/corporation yard.
3. Reuses a developed industrial site with an existing building for a similar purpose and
avoids developing open space lands for this use.
4. Expedites bringing a new facility online.
5. Less costly alternative as compared to new development.
6. Potential for expansion, if needed, when adjacent industrial properties come up for sale.
7. Accessible location via multiple modes of transportation.
8. Opportunity for satellite office space for administrative staff.
In September 2017, the District acquired a Conditional Use Permit (CUP) from the City to use the
property as a new field office and corporation yard. As Cristich Lane is a private street, the CUP
requires the District to make an irrevocable offer of dedication for public street purposes and a
public service easement prior to the issuance of any grading or building permits. The Board
approved the Irrevocable Offers of Right of Way Dedication on May 15, 2019 (R-19-62).
In December 2017, the Board authorized the General Manager to enter into a multi-year contract
with Terry Martin and Associates (TMA) for architecture/engineering design, permitting
assistance, and construction administration services to prepare the detailed construction plans to
repurpose the site for District use (R-17-130). These detailed plans were required to secure the
necessary City permits for the site improvements and to solicit the construction bids for the
project.
In April 2019, the Board authorized the General Manager to complete the construction documents
and permitting process, and solicit construction bids for the Project (R-19-41). The Board also
provided Project related direction to reuse as much of the existing building metal panel and other
material as possible, install public-facing signage, and install electric vehicle charging stations
and bike racks. Bike rack installation is not part of the proposed construction contract, however,
staff will identify a location for bike racks after construction activities conclude; the bike racks
will be installed by District staff.
DISCUSSION
The site for the new SAO is located in a light-industrial zone in the City of Campbell. The main
building is a “butler” metal building constructed in the 1960’s with a footprint of approximately
5,600 square foot. The building has served as a repair shop for buses and has had several
unfinished and unpermitted interior upgrades throughout its life. The original enclosure of the
building is galvanized corrugated metal with visible wear and tear on its windows, doors, roll
doors and skylights. The structural integrity of the building was assessed as part of the site
R-19-138 Page 3
feasibility study, focusing on the opportunity to refurbish rather than build new. Refurbishing the
existing structure will maximize the 29,490 square foot lot, and save time and money compared to
rebuilding a new structure. There is also one (1) semi-built, unpermitted equipment storage
structure on the property.
Existing building conditions and site configurations are not suitable for District needs.
Improvements are necessary to accommodate District operational functions, parking
requirements, Americans with Disabilities Act (ADA) code upgrades, and to meet the Conditional
Use Permit approval conditions. See Attachment 2 for Site and Architectural Plans. New site and
building improvements include:
• Interior insulation and space reconfiguration
• Exterior building siding and roof repair (three sides are included in the base bid and one
side is in bid alternate #1, for an amount of $75,000)
• Storage for stockpile material and equipment
• Asphalt concrete paving and striping for 24 parking spaces
• Automatic vehicular gate
• Site lighting and security fencing
• Signage and flagpole
• Curb, gutter, and sidewalk
• Landscaping improvements
• Stormwater treatment
• Trash and recycling enclosure
• Enlarged mezzanine for storage
• Heating Ventilation Air Conditioning (HVAC) upgrades
• Electrical installation
• Sanitary sewer upgrades
• Domestic, fire, and irrigation water upgrades
• Security camera system installation (bid alternate #5, for an amount of $30,000)
• Electric vehicle charging station setup (bid alternate #7, for an amount of $10,000)
In August 2019, the City issued all necessary permits, including a Conditional Use Permit,
Demolition Permit, Building Permit, and Encroachment Permit. Concurrently, a Request for Bids
was developed and released by the District.
Contractor Selection
A Request for Bids was issued on August 27, 2019 via BidSync and released to five builders’
exchanges. Legal notices were posted in the San Jose Mercury News, Santa Cruz Sentinel, and
the San Mateo County Times, and an Invitation to Bid was posted on the District website.
Mandatory pre-bid site walks were held on September 11, 2019 and September 16, 2019 with 10
total contractors in attendance. The total base bid was used to determine the lowest bidder. The
detailed breakdown of the three (3) bids received is as follows:
Bidder Location
Total Base Bid
(Exclusive of Bid
Alternates)
% of Base Bid
Estimate
($3,500,000)
1. Agbayani Construction Corporation Daly City, CA $3,489,000.00 -0.003%
2. CWS Construction Group, Inc. Novato, CA $4,197,000.00 +20%
3. Fast-Track Construction Corporation Culver City, CA $5,126,500.00 +46%
R-19-138 Page 4
The bids submitted by Agbayani Construction Corporation and Fast-Track Construction
Corporation each contained a minor irregularity in that neither attached copies of the signed
addendum documents. However, these bids did acknowledge receipt of the addendum on the Bid
Proposal form as required by the bid documents. When an addendum was issued, it contained
additional instructions for attaching the signed addendum to the bids, even though the Bid
Proposal form already included a provision for acknowledging addenda by number and date. This
failure of two bidders to follow the directions in the addendum may be waived as a minor
irregularity under these circumstances: 1) not attaching the separately acknowledged addendum
could not have altered the amount of either bid, and 2) neither of these bidders gained an unfair
advantage because all of the bidders were already bound by the acknowledgement on the Bid
Proposal form. Because this irregularity did not affect the bid price or confer any competitive
advantage on either bidder, it may be waived. Upon review of the Bid Proposals and
confirmation of the contractors' qualifications, the General Manager recommends awarding the
contract to Agbayani Construction Corporation, as the lowest responsive and responsible bidder.
The Request for Bids included seven bid alternates, with responses as follows:
Bid
Alternate
Item No.
Item Description
Agbayani
Construction
Corp
Fast-Track
Construction
Corp
CWS
Construction
1
Replace south building
elevation existing standing-
seam, prefinished sheet metal
wall
$ 75,000.00 $ 54,000.00 $ 80,000.00
2
Replace entire sanitary sewer
line (approximately 76 linear
feet) and cleanouts
$ 60,000.00 $ 68,000.00 $ 80,000.00
3 Replace all existing site
concrete paving $ 260,000.00 $ 37,000.00 $ 400,000.00
4
Furnish and install access
control system at all exterior
doors, except roll up doors
$ 60,000.00 $ 22,000.00 $ 100,000.00
5
Furnish and install security
camera system throughout
entire perimeter of building
$ 30,000.00 $ 30,000.00 $ 300,000.00
6 Planting of all owner
furnished plants $ 30,000.00 $ 18,000.00 $ 75,000.00
7
Furnish and install Sema
Connect, or District
Approved EV charging
system
$ 10,000.00 $ 10,000.00 $ 10,000.00
The General Manager recommends including bid alternates #5 (furnish and install a security
camera system) and #7 (furnish and install a Sema Connect electric vehicle charging station) into
the contract at a total cost of $40,000 for these two items. These two items were selected because
they add improved site security (camera system) and provide electric vehicle charging
functionality. The General Manager also recommends authorizing bid alternate #1 (replace south
building elevation with a prefinished sheet metal wall) as a fixed cost that is not included in the
construction continency calculation. Bid alternate #1 would only be awarded if, during
R-19-138 Page 5
demolition, it is determined that the south wall requires replacement. Visual inspection during
design did not identify major lifespan or structural/reusability issues, however, actual site
conditions may warrant otherwise once demolition activities commence. Having the flexibility to
issue bid alternate #1 would allow staff to replace the south wall in an expedited manner if
deemed necessary.
The FY2019-20 and FY2020-21 multi-year capital improvement budget for the Project is
$4,467,302 and the apparent low bidder’s (Agbayani Construction Corporation) total base
contract amount is $3,529,000, with an additional $529,350 allocated as a construction
contingency and $75,000 as a separate allocation for bid alternate #1. The 15% construction
contingency amount of $529,350 is recommended for this Project to address unforeseen site
issues that may be encountered during the execution of the work. Although the project site is in a
built environment, it is an industrial site that was previously used as a bus yard and mechanic
shop. Staff is concerned that issues relating to subsurface work (additional hazardous materials
abatement and utility improvement demolition) may arise.
FISCAL IMPACT
The recommended construction contract is within the overall project budget of $4,467,302 for the
South Area Field Office (project #31601). If the construction schedule can be accelerated this
fiscal year, a budget adjustment may be recommended as part of the quarterly budget adjustment
process to move a portion of the total project budget into the current fiscal year. The District
anticipates sufficient funds next fiscal year to complete the work and close the contract.
Funding is available via the 2017 Parity Bond and/or in the Committed for Infrastructure Reserve
Fund (total of $4.1 million) and lease revenue from the SAO property ($128,189). During the
project design and permitting process, the District leased the property to the prior owner to secure
lease revenue prior to entering into construction to offset project costs.
The table below shows the total project budget. The recommended actions are shown in the fiscal
year they are expected to incur. As previously mentioned, a budget adjustment may be
recommended to adjust funding between FY2019-20 adopted and FY2020-21 projected budgets
in order to accommodate accelerated expenditures in the current fiscal year.
South Area Field Office
Project #31601
Prior Year
Actuals
FY2019-20
Adopted
FY2020-21
Projected
FY2021-22
Projected
Estimated
Future
Years
TOTAL
Project #31601 Budget $324,978 $1,302,976 $3,164,326 $0 $0 $4,792,280
Spent-to-Date (as of 10/07/2019): ($324,978) ($43,972) $0 $0 $0 ($368,950)
Encumbrances: $0 ($22,291) $0 $0 $0 ($22,291)
Agbayani Construction Corporation
Contract
(including Bid Alternates #5 and 7):
$0 ($2,034,500) ($1,494,500) $0 $0 ($3,529,000)
15% Contingency: $0 ($305,175) ($224,175) $0 $0 ($529,350)
R-19-138 Page 6
Agbayani Construction Corporation
Contract
(Bid Alternate #1):
($75,000) $0 $0 $0 ($75,000)
Budget Remaining (Proposed): $0 ($1,177,962) $1,445,651 $0 $0 $342,689
The project is not funded by Measure AA.
PUBLIC NOTICE
Public notice of this Agenda Item was provided as required by the Brown Act.
CEQA COMPLIANCE
District staff prepared a Categorical Exemption for the project and determined that the project
would not result in any impacts to the environment. The District found that the proposed
refurbishment and improvements at 240 Cristich Lane and its subsequent use as a field office and
corporation yard are categorically exempt from CEQA pursuant to CEQA Guidelines Sections
15301, 15302, 15303, 15304, and 15311.
Section 15301 – Existing Facilities: The project proposes interior and exterior alterations to the
existing industrial building that would involve a negligible or no expansion of use. The project
will generate vehicle trips equivalent to the trips of the previous occupancy and would not result
in any significant traffic impacts. The proposed modifications will not substantially change the
site’s function as an industrial building with employees and surface parking.
Section 15302 – Replacement or Reconstruction: The project includes the demolition and
removal of an unfinished wooden accessory structure, and construction of a new storage building
(250 sf) and shed (700 sf) of substantially the same purpose and capacity at the same location.
Section 15303 – New Construction or Conversion of Small Structures: The project includes
construction of new storage building (250 sf) and shed (700 sf), replacing an unfinished
accessory structure at the rear of the site.
Section 15304 – Minor Alterations to Land: The project includes new landscaping and minor
trenching and backfilling where the surface is restored. There will be no extensive grading on
site.
Section 15311 – Accessory Structures: The project includes the placement of an on premise sign
and flagpole that would be appurtenant to the District’s facility.
A Notice of Exemption was filed with the County of Santa Clara on July 21, 2017 and was posted
for a period of 30 days in accordance with CEQA. As a Responsible Agency under CEQA, the
City of Campbell concurred that the project qualified for a categorical exemption at the time the
City issued the Conditional Use Permit.
NEXT STEPS
The table below lists the remaining project milestones.
R-19-138 Page 7
Upcoming Milestones Target Dates
October 23, 2019 Board Award of Contract at Public Meeting
October 24, 2019 Written Notice of Award of Contract
November 2019 Written Notice to Proceed issued by District
September 2020 Deadline for Substantial Completion
Fall 2020 Project Completion and Close Out
Attachment:
1. Project Site Map
Responsible Department Head:
Scott Reeves, Acting Engineering and Construction Department Manager
Prepared by:
Tanisha Werner, Senior Capital Project Manager
EXHIBIT A
SITE LOCATION MAP